SUBMITTED BY: ANGELLI SOL E.

CONSTANTINO 1

GENERAL OF REMEDIAL LAW with procedure (Fabian v. Desierto, G.R.

No. 129742, Sept. 16, 1998).

1.1. Concept of Remedial Law: 1.3. RULE-MAKING POWER OF THE

It is a branch of public law, which prescribes
the procedural rules to be observed in
litigations, whether civil, criminal, or
administrative, and in special proceedings,
as well as the remedies or reliefs available
in each case.
Importance Of Remedial Law:
It plays a vital role in the administration of
justice. It lies at the very core of procedural
due process, which means a law which
hears before it condemns, which proceeds
upon inquiry and renders judgment only
after trial, and contemplates an opportunity
to be heard before judgment is rendered
SUPREME COURT
Limitations on the rule-making power of
the Supreme Court
1. It shall provide a simplified and
inexpensive procedure for the
speedy disposition of cases.
2. The rules must be uniform for all the
courts of the same grade.
3. The rules must not diminish,
increase or modify substantive rights
POWER OF THE SUPREME COURT TO
AMEND AND SUSPEND PROCEDURAL
RULES

1.2. DISTINGUISHED SUBSTANTIVE May the Supreme Court suspend the

LAW FROM REMEDIAL LAW application of the Rules of Court and
exempt a case from its operation?
SUBSTANTIVE LAW REMEDIAL LAW A: Yes. In the interest of just and
Part of the law which Refers to the expeditious proceedings, the Supreme
creates, defines or legislation Court may do so because the Rules were
regulates rights providing means or precisely adopted with the primary objective
concerning life, liberty methods whereby of enhancing fair trial and expeditious
or property or the causes of action
justice. (Republic v. CA, G.R. No. L-31303,
powers of agencies or may be
instrumentalities for effectuated, May 31, 1978)
the administration of wrongs redressed
1.4. NATURE OF PHILIPPINE COURTS
public affairs. and relief obtained
Creates vested rights. Does not create Court - It is an organ of the government,
vested rights belonging to the judicial department, whose
Prospective in Retroactive in function is the application of laws to
application. application controversies brought before it and the
public administration of justice
Cannot be enacted by The Supreme
the Supreme Court Court is expressly
empowered to Distinguish court from a judge
promulgate COURT JUDGE
procedural rules.
Entire body in which Only an officer or
the judicial power is member of the
vested court
PROCEDURAL RULE is the judicial May exist without a There may be a
process for enforcing rights and duties present judge judge without a
recognized by substantive law and for justly court
administering remedy and redress for their Disqualification of a May be disqualified
disregard or infraction. judge does not affect
Note: If the rule takes away a vested right, it the court
is not procedural. If the rule creates a right
such as the right to appeal, it may be Classifications Of Philippine Courts
classified as substantive matter; but if it
operates as a means of implementing an 1. Regular courts (Supreme Court,
existing right, then the rule deals merely Court of Appeals, Regional Trial
Courts, Metropolitan Trial Courts,
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 2

Municipal Trial Courts in Cities, belonging to the

Municipal Trial Courts , Municipal sphere of morals
Circuit Trial Courts) rather than of law. It
2. Special courts (Sandiganbayan, is grounded on the
Court of Tax Appels, Shari'a District precepts of
Courts, Shari'a Circuit Courts) conscience and not
3. Quasi-courts or Quasi-judicial on any sanction of
agencies (e.g Civil Service positive law, for
Commission) equity finds no room
for application where
there is law.
COURTS OF ORIGINAL AND Decides a case Adjudicates a
APPELLATE JURISDICTION according to what controversy
Courts of Original Courts of Appellate the promulgated law according to the
jurisdiction jurisdiction is common precepts of
Courts exercising Superior Courts what is right and just
jurisdiction in the reviewing and without inquiring into
first instance deciding cases the terms of the
previously decided statutes
by a lower court
Courts Of Record - These are courts
whose proceedings are enrolled and which
COURTS OF GENERAL AND SPECIAL are bound to keep written records of all
JURISDICTION trials and proceedings handled by them.
Courts of General Courts of Special R.A. No. 6031 mandates all Municipal Trial
jurisdiction jurisdiction Courts to be courts of record.
Takes cognizance of Takes cognizance of
PRINCIPLE OF JUDICIAL HIERARCHY -
all cases , civil or special jurisdiction
criminal, of a for a particular A higher court will not entertain direct resort
particular nature, or purpose, or are to it unless the redress desired cannot be
courts whose clothed with special obtained in the appropriate courts. The
judgment is powers for the Supreme Court is a court of last resort and
conclusive until performance of must so remain if it is to satisfactorily
modified or reversed specified duties, perform assigned to it.
on direct attack, and beyond which they
who are competent have no authority of DOCTRINE OF NON-INTERFERENCE OR
DOCTRINE OF JUDICIAL STABILITY -
to decide on their any kind
own jurisdiction Courts of equal and coordinate jurisdiction
cannot interfere with each other’s orders.
Thus, the RTC has no power to nullify or
enjoin the enforcement of a writ of
CONSTITUTIONAL AND STATUTORY
possession issued by another RTC. The
COURTS
principle also bars a court from reviewing or
Constitutional Court Statutory Court interfering with the judgment of a co-equal
Created by the Created by law court over which it has no appellate
constitution jurisdiction or power of review.
e.g. Supreme Court e.g. Court Tax
Appeals Note: GENERAL RULE: No court has the
Cannot be abolished May be abolished authority to interfere by injunction with the
by Congress without by Congress by judgment of another court of coordinate
amending the just simply jurisdiction or to pass upon or scrutinize and
Constitution repealing the law much less declare as unjust a judgment of
which created another court.
those courts EXCEPTION: The doctrine does not apply
where a third party claimant is involved
COURTS OF LAW AND EQUITY (Santos v. Bayhon, G.R. No. 88643, July
Courts of Law Courts of Equity 23, 1991).
Any tribunal duly Any tribunal
administering the administering justice Jurisdiction
laws of the land outside the law, It is the power and authority of a court to try,
being ethical rather hear, and decide a case and to carry its
than jural and judgments into effect
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 3

Concurrent
JURISDICTION OF COURTS With CA
Petitions for
1. SUPREME COURT 1. Petitions for issuance of writs of
issuance of writs of certiorari, prohibition
Civil Cases Criminal Cases certiorari, prohibition and mandamus
Exclusive Original and mandamus against the RTC and
Petitions for Petitions for against the lower courts.
issuance of writs of issuance of writs of following:
certiorari, prohibition certiorari, prohibition a. NLRC under the
and mandamus and mandamus Labor Code.
against the against the following:
following: 1. Court of Appeals Note: The petitions
1. Court of Appeals 2. Sandiganbayan must first be filed
2. Commission on with the CA,
Elections En Banc otherwise, they shall
3. Commission on be dismissed. (St.
Audit Martin Funeral
4. Sandiganbayan Home v. CA, G.R.
Appellate No. 130866, Sept.
1. Appeal by petition 1. In all criminal 16, 1998).
for review on cases involving b. Civil Service
certiorari: offenses from which Commission
a. Appeals from the the penalty is c. Quasi-judicial
CA; reclusion perpetua or agencies (file with
b. Appeals from the life imprisonment the CA first)
CTA; and those involving d. RTC and lower
c. Appeals from other offenses, courts;
RTC exercising which although not
original jurisdiction so punished arose 2. Petitions for
in the following out of the same issuance of writ of
cases: occurrence or which kalikasan (Sec. 3,
i. If no question of may have been Rule 7, A.M. No. 09-
fact is involved and committed by the 6-8-SC).
the case involves: accused on the With CA and RTC
a) Constitutionality same occasion 1. Petitions for Petitions for
or validity of treaty, habeas corpus and issuance of writs of
international or Note: In criminal quo warranto; and certiorari, prohibition
executive cases, when the 2. Petitions for and mandamus
agreement, law, penalty imposed is issuance of writs of against the lower
presidential decree, life imprisonment or certiorari, prohibition courts or bodies.
proclamation, order, reclusion perpetua, and mandamus
instruction, appeal is automatic against the lower
ordinance or to the CA. (A.M. No. courts or other
regulation 04-9-05-SC; People bodies
b) Legality of tax, v. Mateo y Garcia,
impost, G.R. No. 147678-87, With CA, SB and RTC
assessments, or toll, July 7, 2004) 1. Petitions for the Petitions for the
or penalty in relation 2. Criminal cases in issuance of writ of issuance of writ of
thereto which the death amparo amparo and writ of
c) Cases in which penalty is imposed 2. Petition for writ of habeas data
jurisdiction of lower by the habeas data, where
court is in issue Sandiganbayan the action involves
ii. All cases in which 3. Appeals from the public data or
only errors or CA; government office
questions of law are 4. Appeals from the With RTC With Sandiganbayan
involved. Sandiganbayan; Actions affecting Petitions for
2. Special civil 5. Appeals from RTC ambassadors and mandamus,
action of certiorari – in which only errors other public prohibition, certiorari,
filed within 30 days or questions of law ministers and injunctions and
against the are involved. consuls ancillary writs in aid
COMELEC / COA
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 4

of its appellate Office of the

jurisdiction including Ombudsman in
quo warranto arising administrative
or that may arise in disciplinary cases
in cases filed under (Mendoza-Arce v.
EO Nos. 1, 2, 14 and Office of the
14-A Ombudsman, G.R.
No. 149148, Apr. 5,
2002).
2. COURT OF APPEALS Concurrent
Civil Cases Criminal Cases With SC
Exclusive Original 1. Petitions for Petitions for
Actions for annulment 1. Actions for issuance of writs of issuance of writs of
of judgments of RTC annulment of certiorari, prohibition certiorari,
based upon extrinsic judgments of RTC and mandamus prohibition and
fraud or lack of (Sec. 9 B.P. 129). against the following: mandamus against
jurisdiction (Sec. 9 2. Crimes of a. NLRC under the the RTCs and lower
B.P. 129). Terrorism under the Labor Code. courts.
Human Security Act b. Civil Service
of 2007 or R.A. Commission
9372 c. Quasi-judicial
Appellate agencies
1. Final judgments, Judgments or d. RTCs and other
decisions, decisions of RTC lower courts.
resolutions, orders, (except those 2. Petitions for
awards of: appealable to the issuance of writ of
a. RTC SC or SB): kalikasan (Sec. 3,
i. In the exercise of its a. exercising its Rule 7, A.M. No. 09-
original jurisdiction; original jurisdiction; 6-8-SC).
ii. In the exercise of b. exercising its With SC and RTC
its appellate appellate 1. Petitions for Petitions for
jurisdiction; jurisdiction; and habeas corpus and issuance of writs of
b. Family Courts; c. where the quo warranto; and certiorari,
c. RTC on the imposable penalty 2. Petitions for the prohibition and
questions of is: issuance of writs of mandamus against
constitutionality, i. life imprisonment certiorari, prohibition the lower courts or
validity of tax, or reclusion and mandamus bodies.
jurisdiction involving perpetua; against the lower
questions of fact, ii. a lesser penalty courts
which should be for offenses With SC, SB and RTC
appealed first to the committed on the 1. Petitions for the Petitions for the
CA; same occasion or issuance of writ of issuance of writ of
d. Appeals from RTC which arose from amparo amparo and writ of
in cases appealed the same 2. Petition for writ of habeas data
from MTCs which are occurrence that habeas data, where
not a matter of right. gave rise to the the action involves
2. Appeal from MTC offense punishable public data or
in the exercise of its reclusion perpetua government office
delegated jurisdiction or life imprisonment
(R.A. 7691). (Sec. 3, Rule 122). 3. COURT OF TAX APPEALS
3. Appeals from Civil iii. Death (Sec. 10,
Service Commission; Rule 122). Tax Cases Criminal Cases
4. Appeals from Exclusive Original
quasi-judicial In tax collection All criminal cases
agencies under Rule cases involving final arising from violation
43; and executory of the NIRC of the
5. Appeals from the assessments for TCC and other laws,
National Commission taxes, fees, charges part of laws, or
on Indigenous and penalties where special laws
Peoples (NCIP); and the principal amount administered by the
6. Appeals from the of taxes and fees, BIR or the BOC
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 5

exclusive of charges where the principal customs duties, fees or other charges,
and penalties amount of taxes and seizure, detention or release of property
claimed is less than fees, exclusive of affected, fines, forfeitures or other penalties
P1M tried by the charges and in relation thereto, or
proper MTC, MeTC penalties claimed is 2. Other matters arising under the Customs
and RTC. less that P1M or law or other laws, part of laws or special
where there is no laws administered by BOC;
specified amount With Central Board of Assessment Appeals
claimed (the Decisions in the exercise of its appellate
offenses or penalties jurisdiction over cases involving the
shall be tried by the assessment and taxation of real property
regular courts and originally decided by the provincial or city
the jurisdiction of the board of assessment appeals;
CTA shall be With Secretary of Finance
appellate) Decision on customs cases elevated to him
Appellate automatically for review from decisions of
In tax collection 1. Over appeals the Commissioner of Customs which are
cases involving final from the judgment, adverse to the government under Sec. 2315
and executory resolutions or orders of the Tariff and Customs Code;
assessments for of the RTC in tax With Secretary of Trade and Industry and
taxes, fees, charges cases originally the Secretary of Agriculture
and penalties where decided by them, in Decisions of Secretary of Trade and
the principal amount their respective Industry in the case of non-agricultural
of taxes and fees, territorial jurisdiction, product, commodity or article, and the
exclusive of charges 2. Over petitions for Secretary of Agriculture in the case of
and penalties review of the agricultural product, commodity or article,
claimed is less than judgments, involving dumping duties and counterveiling
P1M tried by the resolutions or orders duties under Secs. 301 and 302,
proper MTC, MeTC of the RTC in the respectively, of the Tariff and Customs
and RTC. exercise of their Code, and safeguard measures under RA
appellate jurisdiction 8800, where either party may appeal the
over tax cases decision to impose or not to impose said
originally decided by duties.
the MeTCs, MTCs,
and MCTCs in their 4. SANDIGANBAYAN
respective
Civil Cases Criminal Cases
jurisdiction
Concurrent Exclusive Original
With CIR Cases involving
violations of: 1. Violation of R.A.
1. Decisions in cases involving disputed
a. EO No. 1 (Creating 3019 (Anti-Graft
assessments, refunds of internal revenue
the PCGG); and Corrupt
taxes, fees or other charges, penalties in
b. EO No. 2 (Illegal Practices Act)
relation thereto, or other matters arising
Acquisition and where one or more
under the NIRC or other laws administered
Misappropriations of of the accused are
by BIR;
Ferdinand Marcos, officials occupying
2. Inaction by CIR in cases involving
Imelda Marcos their the following
disputed assessments, refunds of IR taxes,
close relatives, positions in the
fees or other charges, penalties in relation
subordinates, government,
thereto, or other matters arising under the
business associates, whether in
NIRC or other laws administered by BIR,
dummies, agents or permanent. Acting
where the NIRC or other applicable law
nominees); or interim capacity,
provides a specific period of action, in which
c. EO No. 14 [Cases at the time of the
case the inaction shall be deemed an
involving the ill-gotten commission of the
implied denial;
wealth of the offense:
With RTC immediately a. Officials
Decisions, orders or resolutions of the in mentioned persons occupying a
local taxes originally decided or resolved by (Marcos and position classified
them in the exercise of their original or dummies)]; and as Grade 27 or
appellate jurisdiction; d. EO No. 14-A higher of the
With Commissioner of Customs (amendments to EO Compensation and
1. Decisions in cases involving liability for No. 14) (Sec. 2, R.A. Position
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 6

7975 as amended by Classification Act other ancillary writs in

habeas corpus,
R.A. 8294). of 1989 (R.A. aid of its appellate injunction and
6758) in the: jurisdiction, including
other ancillary writs
i. Executive branch quo warranto arising in aid of its
including those in cases falling underappellate
occupying the Executive Order Nos. jurisdiction,
position of regional 1, 2, 14 and 14-A. including quo
director; and warranto arising in
ii. All other national cases falling under
or local officials. Executive Order
b. Members of Nos. 1, 2, 14 and
Congress 14-A.
c. Members of the With SC, CA and RTC
judiciary without Petitions for the Petitions for the
prejudice to the issuance of writ of issuance of writ of
Constitution; and amparo and writ of amparo and writ of
d. Chairmen and habeas data. habeas data.
members of the
Constitutional 5. REGIONAL TRIAL COURTS
Commissions Civil Cases Criminal Cases
without prejudice to
Exclusive Original
the Constitution.
2. Felonies or 1. Actions in which 1. Criminal cases not
offenses, whether the subject of within exclusive
simple or litigation is jurisdiction of any
complexed with incapable of court, tribunal or
other crimes pecuniary body (Sec. 20, BP
committed by the estimation; 129).
public officials and 2. Actions involving a. Includes criminal
employees above title to or cases where the
mentioned in possession of real penalty provided by
relation to their property or any law exceeds 6 years
office; and interest therein imprisonment
3. Cases filed where the assessed irrespective of the
pursuant to EO value exceeds fine (R.A. 7691).
Nos. 1, 2, 14 and P20,000 or P50,000 b. Includes criminal
14-A (Sec. 2, R.A. in Metro Manila, cases not falling
7975 as amended except forcible entry within the exclusive
by R.A. 8249). and unlawful original jurisdiction of
detainer; the Sandiganbayan
Appellate
3. Actions in where the imposable
Appeals from final admiralty and penalty is
judgments, maritime jurisdiction imprisonment more
resolutions or where demand or than 6 years and
orders of the RTC, claim exceeds none of the accused
whether in the P300,000 or is occupying
exercise of their P400,000 in Metro positions classified
original or Manila; as “Grade 27” and
appellate 4. Matters of higher (Sec. 4, P.D.
jurisdiction, in probate, testate or 1606 as amended by
cases involving intestate, where R.A. 8249).
public officials or gross value of 2. Cases where the
employees not estate exceeds only penalty provided
otherwise P300,000 or by law is a fine
mentioned in the P400,000 in Metro exceeding P4,000;
preceding Manila; 3. Other laws which
enumeration. 5. Cases not within specifically lodge
Concurrent the exclusive jurisdiction in the
With SC jurisdiction of any RTC:
Petitions for certiorari, Petitions for court, tribunal, a. Law on written
prohibition, certiorari, person or body defamation or libel;
mandamus, habeas prohibition, exercising judicial or b. Decree on
corpus, injunction and mandamus,
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 7

quasi-judicial Intellectual Property; 09-6-8-SC).

function; c. Violations of Special
6. Civil actions and Dangerous Drugs Act SC may designate certain branches of RTC
special proceedings regardless of the to try exclusively criminal cases, juvenile
falling within imposable penalty and domestic relations cases, agrarian
exclusive original except when the cases, urban land reform cases not falling
jurisdiction of offender is under 16 within the jurisdiction of any quasi-judicial
Juvenile and and there are body and other special cases in the interest
Domestic Relations Juvenile and of justice (Sec. 23, BP 129).
Court and Court of Domestic Relations Appellate
Agrarian Reforms; Court in the province. GR: All cases decided by lower courts (MTC
7. Other cases 4. Cases falling etc.) in their respective territorial
where the demand, under the Family jurisdictions.
exclusive of Courts in areas XPN: Decisions of lower courts in the
interest, damages, where there are no exercise of delegated jurisdiction.
attorney’s fees, Family Courts
litigation expenses (Sec.24, B.P. 129). 6. FAMILY COURTS
and costs, or value 5. Election offenses
Civil Cases Criminal Cases
of property in (Omnibus election
controversy code) even if Exclusive Original
exceeds P300,000 committed by an 1. Petitions for 1. Where one or
or P400,000 in official with salary guardianship, custody more of the
Metro Manila (Sec. grade of 27 or higher of children, habeas accused is/are
19, BP 129 as corpus in relation to below 18 years of
amended by R.A. minor; age but not less
7691); and 2. Petitions for than 9 years of
8. Intra-corporate adoption of children age;
controversies under and its revocation; 2. When one or
Sec. 5.2 of the 3. Complaints for more of the victims
Securities and annulment and is a minor at the
Regulation Code. declaration of nullity of time of the
Concurrent marriage and those commission of the
With SC, SB and CA relating to marital offense (R.A. 8369,
status and property Act establishing the
1. Writ of amparo Petitions for the
relations of spouses family courts);
2. Writ of habeas issuance of writ of
or those living 3. Cases against
data amparo and writ of
together under minors cognizable
habeas data
different status and under the
With SC agreements; and Dangerous Drugs
Actions affecting petitions for Act, as amended;
ambassadors and dissolution of conjugal and
other public partnership of gains; 4. Violations of
ministers and 4. Petitions for R.A. 7610 or the
consuls [Sec. 21 (2) support and/or Special Protection
of BP 129] acknowledgment; of Children Against
With SC and CA 5. Summary judicial Child Abuse,
1. Certiorari, proceedings under the Exploitation and
prohibition and Family Code of the Discrimination Act,
mandamus against Philippines; as amended by
lower courts and 6. Petitions for R.A. 7658; and
bodies; declaration of status 5. Cases of
2. Habeas corpus of children as domestic violence
and quo warranto; abandoned, against:
With MTC dependent or a. Women –
Cases involving neglected children, involving acts of
enforcement or petitions for voluntary gender-based
violations of or involuntary violence that result,
environmental and commitment of or likely to result in
other related laws, children, the physical, sexual or
rules and suspension, psychological harm
regulations (Sec. 2, termination, or or suffering to
Rule 1, A.M. No. restoration of parental women; and other
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 8

authority and other forms of physical where the value or rental law;
cases cognizable abuse such as amount does not c. Violations of
under PD 603, EO 56 battering or threats exceed P20,000 or, municipal or city
(Series of 1986) and and coercion which in Metro Manila ordinances;
other related laws; violate a woman’s P50,000 exclusive of d. Violations of BP
and personhood, interest damages, 22 (A.M. No. 00-11-
7. Petitions for the integrity and attorney’s fees, 01-SC);
constitution of the freedom of litigation expense, e. All other criminal
family home movement; and costs; (2008 Bar cases where the
8. (rendered b. Children – which Question) penalty is
unnecessary by Art. include the 5. Maritime claims imprisonment not
153, Family Code) commission of all where the demand exceeding 6 months
(Sec. 5, R.A. 8369). forms of abuse, or claim does not and/or a fine of P
neglect, cruelty, exceed P300,000 or, 1,000 irrespective of
exploitation, in Metro Manila other penalties or
violence and P400,000 (Sec. 33, civil liabilities arising
discrimination and BP 129 as amended therefrom.
all other conditions by R.A. 7691); 5. All offenses
prejudicial to their 6. Inclusion or committed by public
development (Sec. exclusion of voters officers and
5, R.A. 8369) (Sec. 138, BP 881); employees in
7. Those covered by relation to their
7. METROPOLITAN TRIAL the Rules on office, including
COURTS/MUNICIPAL TRIAL COURTS Summary government-owned
Civil Cases Criminal Cases Procedure: or –controlled
Exclusive Original a. Forcible entry and corporations, and by
1. Actions involving 1. All offenses unlawful detainer; private individuals
personal property punishable with b. Other civil cases charged as co-
where the value of imprisonment not except probate principals,
the property does exceeding 6 years where the total accomplices or
not exceed irrespective of the amount of the accessories,
P300,000 or, in amount of fine and plaintiff’s claims punishable with
Metro Manila regardless of other does not exceed imprisonment not
P400,000; imposable P100,000 or, in more than 6 years
2. Actions for claim accessory or other Metro Manila or where none of the
of money where the penalties; P200,000 exclusive accused holds a
demand does not 2. In offenses interest and costs position classified as
exceed P300,000 or, involving damage to (as amended by “Grade 27” and
in Metro Manila property through A.M. No. 02-11-09- higher (Sec. 4, P.D.
P400,000; criminal negligence SC). 1606 as amended
3. Probate where the 8. Those covered by by R.A. 8249).
proceedings, testate imposable fine does the Rules on Small
or intestate, where not exceed P10,000 Claims, i.e. actions
the value of the (Sec. 32, BP 129 as for payment of
estate does not amended by R.A. money where the
exceed P300,000 or, 7691); claim does not
in Metro Manila 3. Where the only exceed P100,000
P400,000; penalty provided by exclusive of interest
law is a fine not and costs.
Note: In the exceeding P4,000 Delegated
foregoing, claim (Admin. Circular No. Cadastral or land
must be exclusive of 09-94, June 14, registration cases
interest, damages, 1994); and covering lots where:
attorney’s fees, 4. Those covered by a. There is no
litigation expense, the Rules on controversy or
and costs (Sec. 33, Summary opposition;
BP 129 as amended Procedure, i.e. b. Contested but the
by R.A. 7691). value does not
4. Actions involving a. Violations of exceed P100,000
title to or possession traffic laws, rules (Sec. 34, BP 129 as
of real property or and regulations; amended by R.A.
any interest therein b. Violations of the 7691).
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 9

parties involved are Muslims except those

Note: The value shall for forcible entry and unlawful detainer,
be ascertained by which shall fall under the exclusive
the affidavit of the jurisdiction of the Municipal Circuit Court;
claimant or and
agreement of the 3. All special civic actions for interpleader or
respective claimants declaratory relief wherein the parties are
(Sec. 34, BP 129 as Muslims or the property involved belongs
amended by R.A. exclusively to Muslims.
7691).
Special JURISDICTION OVER THE PARTIES
Petition for habeas Application for bail
corpus in the in the absence of all Jurisdiction over the plaintiff acquired - It
absence of all RTC RTC judges in the is acquired from the moment of filing the
judges in the province or city. complaint, petition or initiatory pleading.
province or city (Sec.
35, BP 129). Jurisdiction over the defendant
Concurrent acquired?
With RTC It is acquired either:
Cases involving a. By his voluntary appearance in court and
enforcement or his submission to its authority
violations of b. By service of summons
environmental and c. Other coercive process upon him
other related laws,
rules and regulations Note: Jurisdiction over the defendant is not
(Sec. 2, Rule 1, A.M. essential in actions in rem or quasi in rem
No. 09-6-8-SC). as long as the court has jurisdiction over the
res (Herrera, Vol. I, p. 114, 2007 ed.)
8. SHARIAH COURTS
Exclusive Original JURISDICTION OVER THE SUBJECT
MATTER
1. All cases involving custody, guardianship, It is the power to deal with the general
legitimacy, paternity and filiation arising subject involved in the action, and means
under the Code of Muslim Personal Laws; not simply jurisdiction of the particular case
2. All cases involving disposition, then occupying the attention of the court but
distribution and settlement of estate of jurisdiction of the class of cases to which
deceased Muslims, probate of wills, the particular case belongs. It is the power
issuance of letters of administration or or authority to hear and determine cases to
appointment of administrators or executors which the proceeding in question belongs.
regardless of the nature or aggregate value
of the property; Distinguish jurisdiction from exercise of
3. Petitions for the declaration of absence jurisdiction.
and death for the cancellation or correction A: Jurisdiction is the authority to hear and
of entries in the Muslim Registries decide cases. On the other hand, exercise
mentioned in Title VI, Book Two of the Code of jurisdiction is any act of the court
of Muslim Personal Laws; pursuant to such authority, which includes
4. All actions arising from the customary making decisions.
contracts in which the parties are Muslims, if
they have not specified which law shall Distinguish error of jurisdiction from
govern their relations; and error of judgment.
5. All petitions for mandamus, prohibition,
Error of Error of Judgment
injunction, certiorari, habeas corpus, and all
Jurisdiction
other auxiliary writs and processes in aid of
its appellate jurisdiction. One where the court, One that the court
Concurrent officer or quasi- may commit in the
judicial body acts exercise of
With all civil courts
without or in excess jurisdiction; it
1. Petitions by Muslim for the constitution of of jurisdiction, or with includes errors of
a family home, change of name and grave abuse of procedure or
commitment of an insane person to an discretion mistakes in the
asylum; court’s findings
2. All other personal and legal actions not
Renders a judgment Does not make the
mentioned in paragraph 1 (d) wherein the
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO
void or at least court’s decision void
voidable
Correctible by Correctible by
certiorari appeal
There is an exercise The court acted with
of jurisdiction in the jurisdiction but
absence of committed
jurisdiction procedural errors in
the appreciation of
the facts or the law
(1989 Bar
Question)
JURISDICTION IS CONFERRED AND
DETERMINED
Instances in which jurisdiction cannot be
conferred?
1. By the administrative policy of any court;
2. A court’s unilateral assumption of
jurisdiction;
3. An erroneous belief by the court that it
has jurisdiction;
4. By the parties through a stipulation e.g.
contract;
5. The agreement of the parties acquired
through, or waived, enlarged or diminished
by, any act or omission of the parties;
6. Parties silence, acquiescence or consent
(Riano, Civil Procedure: A Restatement for
the Bar, p. 143, 11th ed.).
Doctrine of Adherence to Jurisdiction or
Continuity of Jurisdiction - Jurisdiction,
once attached, cannot be ousted by
subsequent happenings or events although
of a character which would have prevented
jurisdiction from attaching in the first
instance, and the court retains jurisdiction
until it finally disposes of the case.
XPNs:
1. Where a subsequent statute expressly
prohibits the continued exercise of
jurisdiction;
2. Where the law penalizing an act which is
punishable is repealed by a subsequent
law;
3. When accused is deprived of his
constitutional right such as where the court
fails to provide counsel for the accused who
is unable to obtain one and does not
intelligently waive his constitutional right;
4. Where the statute expressly provides, or
is construed to the effect that it is intended
to operate as to actions pending before its
enactment;
5. When the proceedings in the court
acquiring jurisdiction is terminated,
abandoned or declared void;
6. Once appeal has been perfected;
10
7. Curative statutes (Herrera, Vol. I, p. 106,
2007 ed.).
OBJECTIONS TO JURISDICTION OVER
THE SUBJECT MATTER
Effect of lack of jurisdiction over the
subject matter
When it appears from the pleadings or
evidence on record that the court has no
jurisdiction over the subject matter, the court
shall dismiss the same. (Sec. 1, Rule 9).
The court may on its own initiative object to
an erroneous jurisdiction and may ex mero
motu take cognizance of lack of jurisdiction
at any point in the case and has a clearly
recognized right to determine its own
jurisdiction (Riano, Civil Procedure: A
Restatement for the Bar, p. 154, 2009 ed.).
May jurisdiction of the court be raised or
questioned at any time?
A:
GR: Yes. The prevailing rule is that
jurisdiction over the subject matter may be
raised at any stage of the proceedings
(Riano, Civil Procedure: A Restatement for
the Bar, p. 154, 2009 ed.).
Note: Jurisdiction can be questioned even
for the first time on appeal (Herrera, Vol. I,
p. 91, 2007 ed.)
XPNs:
1. Estoppel by laches. SC barred a belated
objection to jurisdiction that was raised only
after an adverse decision was rendered by
the court against the party raising the issue
of jurisdiction and after seeking affirmative
relief from the court and after participating in
all stages of the proceedings(Tijam v.
Sibonghanoy, G.R. No. L-21450, Apr. 15,
1968).
2. Public policy – One cannot question the
jurisdiction which he invoked, not because
the decision is valid and conclusive as an
adjudication, but because it cannot be
tolerated by reason of public policy
(Filipinas Shell Petroleum Corp. v. Dumlao,
G.R. No. L-44888, Feb. 7, 1992).
3. A party who invokes the jurisdiction of the
court to secure affirmative relief against his
opponents cannot repudiate or question the
same after failing to obtain such relief
(Tajonera v. Lamaroza, G.R. No. L-48907,
49035, Jan. 19, 1982).
Note: Under the Omnibus Motion Rule, a
motion attacking a pleading like a motion to
dismiss shall include all grounds then
available and all objections not so included
shall be deemed waived. The defense of
lack of jurisdiction over the subject matter is
however, a defense not barred by the failure
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 11

to invoke the same in a motion to dismiss impugning the court’s jurisdiction. This only
already filed. Even if a motion to dismiss applies to exceptional circumstances.
was filed and the issue of jurisdiction was
not raised therein, a party may, when he JURISDICTION OVER THE ISSUES
files an answer, raise the lack of jurisdiction It is the power of the court to try and decide
as an affirmative defense because this issues raised in the pleadings of the parties
defense is not barred under the omnibus or by their agreement in a pre-trial order or
motion rule. those tried by the implied consent of the
parties. It may also be conferred by waiver
Will the failure to exhaust administrative or failure to object to the presentation of
remedies affect the jurisdiction of the evidence on a matter not raised in the
court? pleadings
A:
GR: No. It is not jurisdictional but the case JURISDICTION OVER THE RES OR
will be dismissed on the ground of lack of PROPERTY IN LITIGATION
cause of action. It only renders the action Jurisdiction over the res acquired?
premature. (Carale v. Abarintos, G.R. No. It is acquired either by:
120704, March 3, 1997; Pestanas v. Dyogi, 1. The seizure of the property under legal
81 SCRA 574) process.
XPN: 2. As a result of the institution of legal
Before a party may be allowed to invoke the proceedings, in which the power of the court
jurisdiction of the courts, he is expected to is recognized and made effective. (Banco
have exhausted all means of administrative Español Filipino vs. Palanca, 37 Phil. 291).
redress (Herrera, Vol. I, p. 267, 2007 ed.). 3. The court by placing the property of thing
XPNS TO THE XPN: under its custody (custodia legis). Example:
1. Question raised is purely legal; attachment of property.
2. When the administrative body is in 4. The court through statutory authority
estoppels; conferring upon it the power to deal with the
3. When the act complained of is patently property or thing within the court’s territorial
illegal; jurisdiction. Example: suits involving the
4. When there is need for judicial status of the parties or suits involving the
intervention; property in the Philippines of non-resident
5. When the respondent acted in disregard defendants.
of due process;
6. When the respondent is the alter-ego of JURISDICTION OVER THE ISSUES
the President, bear the implied or assumed It is the power of the court to try and decide
approval of the latter; issues raised in the pleadings of the parties
7. When irreparable damage will be or by their agreement in a pre-trial order or
suffered; those tried by the implied consent of the
8. When there is no other plain, speedy and parties. It may also be conferred by waiver
adequate remedy; or failure to object to the presentation of
9. When strong public interest is involved; evidence on a matter not raised in the
and pleadings
10. In quo warranto proceedings (Herrera,
Vol. I, p. 268, 2007 ed.) JURISDICTION OVER SMALL CLAIMS,
Note: The rule on exhaustion of CASES COVERED BY THE RULES ON
administrative remedies and doctrine of SUMMARY PROCEDURE AND
primary jurisdiction applies only when the BARANGAY CONCILIATION
administrative agency exercises quasi-
judicial or adjudicatory function (Associate Katarungang Rule on Rules on
Communications and Wireless Services v. Pambaranga Small Claims Summary
Dumalao, G.R. 136762, Nov. 21, 2002). y Law Cases Procedure
Purpose / Object
To effect an To provide a To achieve
EFFECT OF ESTOPPEL ON amicable simpler and an
OBJECTIONS TO JURISDICTION settlement of more expeditious
Effect of estoppel by failure to object disputes inexpensive and
lack of jurisdiction among and inexpensive
A: The active participation of a party in a family and expeditious determinatio
case is tantamount to recognition of that barangay means of n of the
court’s jurisdiction and will bar a party from members at settling cases
the barangay disputes defined to
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 12

level without involving be governed by an

judicial purely money by the Rules appropriate
recourse and claims than on lupon therein
consequently the regular Summary shall be
help relieve civil process Procedure brought in
the courts of the barangay
docket where the
congestion. real property
(Preamble of or larger
P.D. 1508) portion
(1999 Bar thereof is
Qestion) situated.
Where to file 4. For
1. For 1. 1. disputes
disputes Metropolitan Metropolitan arising at the
between Trial Courts Trial Courts workplace
residents of 2. Municipal 2. Municipal where the
the same Trial Courts Trial Courts contending
barangay: in Cities in Cities parties are
the dispute 3. Municipal 3. Municipal employed or
must be Trial Courts Trial Courts at the
brought for 4. Municipal 4. Municipal institution
settlement in Circuit Trial Circuit Trial where such
the said Courts Courts parties are
barangay. enrolled for
2. For study shall
disputes be brought in
between the barangay
residents of where such
different but workplace or
adjoining institution is
barangays located.
and the Cases Covered
parties agree Civil Cases
to submit All disputes Small claims These
their involving cases – civil claims or
differences parties who claims which demands
to amicable actually are may be:
settlement: reside in the exclusively 1. For
within the same city or for the money
same city or municipality payment or owed under
municipality may be the reimburseme any of the
where any of subject of nt of a sum of following:
the the money not a. Contract
respondents proceedings exceeding of Lease
reside at the for amicable P100,000 b. Contract
election of settlement in exclusive of of Loan
the the interest and c. Contract
complainant. barangay. costs, either of Services
3. For 1. Purely civil d. Contract
disputes in nature of Sale
involving real where the e. Contract
property or claim or relief of Mortgage
any interest prayed for by 2. For
when the the plaintiff is damages
parties solely for arising from
thereto payment or any of the
agree to reimburseme following:
submit their nt of sum of a. Fault or
differences money, or negligence
to amicable 2. The civil b. Quasi-
settlement aspect of contract
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 13

criminal c. Contract by laws, rules

actions, 3. The imprisonmen and
either filed enforcement t of not more regulations;
before the of a than 1 year 2. Violations
institution of barangay or fine of not of the rental
the criminal amicable more than law;
action, or settlement 5,000. (Sec. 3. Violations
reserved or an 408, LGC) of municipal
upon the arbitration or city
filing of the award ordinances;
criminal involving a 4. Violations
action in money of B.P. 22 or
court, claim the
pursuant to covered by Bouncing
Rule 111 of this Rule Checks Law
the Revised pursuant to (A.M. No.
Rules of Sec. 417 00-11-01-
Criminal SC, Apr. 15,
Procedure. 2003);
These claims 5. All other
or demands criminal
may be: cases
1. For money where the
owed under penalty is
any of the imprisonme
following: nt not
a. Contract of exceeding 6
Lease months
b. Contract of and/or a fine
Loan of P 1,000
c. Contract of irrespective
Services of other
d. Contract of penalties or
Sale civil
e. Contract of liabilities
Mortgage arising
2. For therefrom;
damages and
arising from 6. Offenses
any of the involving
following: damage to
a. Fault or property
negligence through
b. Quasi- criminal
contract negligence
c. Contract where the
3. The imposable
enforcement fine is not
of a barangay exceeding
amicable P10,000.
settlement or Cases excluded
an arbitration 1. Where 1. Criminal This Rule
award one party is actions are shall not
involving a the excluded apply to a
money claim government pursuant to civil case
covered by or any certain where the
this Rule subdivision Constitutional plaintiff's
pursuant to or limitations cause of
Sec. 417 instrumentali granting the action is
Criminal Cases ty thereof; accused in all pleaded in
When 1. Violations 2. Where criminal the same
punishable of traffic one party is prosecutions complaint
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 14

a public “the right to with another to amicable

officer or be heard by cause of settlement
employee, himself and action by an
and the counsel” subject to appropriate
dispute (Sec. 14[2], the ordinary lupon;
relates to the Bill of procedure; 7. Such
performance Rights). An nor to a other classes
of his official example is a criminal of disputes
functions; case for libel case where which the
3. Offenses or slander. the offense President of
punishable However, the charged is the
by civil aspect of necessarily Philippines
imprisonmen a criminal related to may
t exceeding action which another determine in
1 year or a seeks criminal the interest
fine recovery of case subject of justice;
exceeding money as to the and
P5,000.00; damages ordinary 8. Violations
4. Offenses may be heard procedure. of R.A. 9262,
where there as a small VAWC Act.
is no private claim if
offended reserved or
party; instituted
5. Where the separately Aggregate or Totality Rule – Where there
dispute prior to the are several claims or causes of actions
involves real filing of the between the same or different parties
properties criminal case. embodied in one complaint, the amount of
located in 2. Some civil the demand shall be the totality of the
different cases claims in all causes of action irrespective of
cities or regardless of whether the causes of action arose out of
municipalitie how little the the same or different transaction (Rule 2,
s unless the amount Sec.5 [d]).
parties involved
thereto cannot be CIVIL PROCEDURE
agree to filed as small
submit their claims. ACTIONS
differences Examples are Ordinary civil action - It is a formal
to amicable a suit to force demand of one’s legal rights in a court of
settlement a person to justice in the manner prescribed by the
by an fix a court or by law. It is governed by ordinary
appropriate damaged rules.
lupon; good or a Special civil action - It has special features
6. Disputes demand for not found in ordinary civil actions. It is
involving the fulfillment governed by ordinary rules but subject to
parties who of an specific rules prescribed Rules 62-71.
actually obligation Criminal action - It is one by which the
reside in which is not state prosecutes a person for an act or
barangays of purely for omission punishable by law (Sec.3 (b),
different money. Rule1).
cities or
municipalitie CIVIL ACTIONS VERSUS SPECIAL
s, except PROCEEDINGS
where such Action Special Proceeding
barangay Purpose
units adjoin Civil action: To establish a
each other 1. To protect a right status, a right or a
and the 2. Prevent or particular fact (Sec.
parties redress a wrong. 3 Rule 1). Specific
thereto kinds of special
agree to Criminal action: proceedings are
submit their Prosecute a person found in rule 72 –
differences for an act or rule 109
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 15

omission punishable E.g. settlement of 3. Possession

by law (Sec. 3, Rule estate, escheat, 4. Partition
1) guardianship, etc. 5. Foreclosure of
(Riano, Civil mortgage
Procedure: A 6. Any interest in real
Restatement for the property.
Bar, p. 121, 2009 Venue
ed.) Venue of action shall Venue of action is
Application be commenced and the place where the
Where a party Where his purpose tried in the proper plaintiff or any of the
litigant seeks to is to seek the court which has principal plaintiffs
recover property appointment of a jurisdiction over the resides or any of the
from another, his guardian for an area wherein the real defendants resides,
remedy is to file an insane person, his property involved, or at the election of the
action. remedy is a special a portion thereof is plaintiff (Rule 2 sec
proceeding to situated. (Rule 4, sec 2)
establish the fact or 1)
status of insanity Example
calling for an An action to recover Action for a sum of
appointment of possession of real money
guardianship. property plus
(Herrera, Vol. I, p. damages
370, 2007 ed.) Note: An action to
Governing Law annul or rescind a
Ordinary rules Special rules sale of real property
supplemented by supplemented by has as its
special rules ordinary rules fundamental and
Court prime objective the
Heard by courts of Heard by courts of recovery of real
general jurisdiction limited jurisdiction property (Emergency
Procedure Loan Pawnshop, Inc.
Initiated by a Initiated by a petition vs. Court of appeals,
pleading and parties and parties respond 353 SCRA 89;
respond through an through an Riano, p. 122, 2009
answer opposition ed.)

REAL ACTIONS AND PERSONAL LOCAL AND TRANSITORY ACTIONS

ACTIONS Local Action Transitory Action
Real Action Personal Action Venue
Scope Must be brought in a Dependent on the
When it affects title Personal property is particular place place where the
to or possession of a sought to be where the subject party resides
real property, or an recovered or where property is located, regardless of where
interest therein (Sec. damages for breach unless there is an the cause of action
1, rule 4) of contract are agreement to the arose. Subject to
sought contrary. Sec. 4, Rule 4
Basis
When it is founded Founded on privity ACTIONS IN REM, IN PERSONAM AND
upon the privity of a of contract such as QUASI IN REM
real estate. That damages, claims of Action In Action In Action
means that realty or money, etc. Rem Personam Quasi In
interest therein is the Rem
subject matter of the Nature
action. A A proceeding A
Note: It is important proceeding to enforce proceeding
that the matter in to subject personal to subject
litigation must also the property rights and the property
involve any of the of such obligations of the
following issue: persons to brought named
1. Title to the against the defendant or
2. Ownership discharge of person his interests
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 16

the claims therein to successors- privies,

assailed. the in-interest successor in
obligation or interest but
lien the
burdening judgment
the property. shall be
Purpose executed
A An action to Deals with against a
proceeding impose a the stauts, particular
to determine responsibility ownership or property.
the state or or liability liability of a The RES
condition of upon a particular involve will
a thing person property but answer the
directly which are judgment.
intended to Example
operate on 1. Probate 1. Action for 1. Action for
these proceeding specific partition
questions 2. Cadastral performance 2. Action to
only as proceeding 2. Action for foreclose
between the 3. Land breach of real estate
particular registration contract mortgage
parties to proceeding 3. Action for attachment
the ejectment
proceedings 4. Action for
and not to a sum of
ascertain or money; for
cut-off the damages
rights or (Riano, Civil
interests of Procedure: A
all possible Restatement
claimants for the
Scope Bar,p.130,
Directed Directed Directed 2009 ed.)
against the against against
thing itself particular particular
Directed persons persons CAUSE OF ACTION
against the Cause of action - It is the act or omission
whole world by which a party violates a rights of another
Required jurisdiction (Sec. 2, Rule 2).
Jurisdiction Jurisdiction Jurisdiction
over the over the over the CAUSE OF ACTION VERSUS RIGHT OF
person of person of the person of ACTION
the defendant is the Cause of Action Right of Action
defendant is required defendant is It is the act or Remedial right or
not required. not required omission by which a right to relief granted
Jusrisdiction as long as party violates the by law to a party to
over the jurisdiction rights of another ( institute an action
RES is over the res Sec. 2, Rule 2) against a person who
required is acquired has committed a
through delict or wrong
publication against him
in a Requisites
newspaper 1. The existence of 1. There must be a
of general a legal right of the good cause
circulation. plaintiff (existence of a cause
Effect of judgment 2. A correlative duty of action)
Judgment is Judgment is Judgment of the defendant to 2. A compliance with
binding upon binding only will be respect one’s right all the conditions
the whole upon parties binding only 3. An act or precedent to the
world. impleaded or upon the omission of the bringing of the action
their litigants, defendant in 3. The action must
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 17

violation of the be instituted by the Procedure: A Restatement for the Bar, p.

plaintiff’s right. proper party. 93, 2009 ed)
Nature
It is actually It is procedural in Note: The truth or falsity of the allegations
predicated on character is the is beside the point because the allegations
substantive law or consequence of the in the complaint are hypothetically admitted.
on quasi delicts violation of the right Thus a motion to dismiss on the ground of
under NCC. of the plaintiff (Riano, failure to state a cause of action,
Civil Procedure: A hypothetically admits the matters alleged in
Restatement for the the complaint (Riano, Civil Procedure: A
Bar , p. 4, 2009 ed.) Restatement for the Bar, p92, 2009 ed.)
Basis
Based on the Basis is the plaintiff’s SPLITTING A SINGLE CAUSE OF
allegations of the cause of action ACTION AND ITS EFFECTS
plaintiff in the
complaint Splitting a cause of action?
It is the act of instituting two or more suits
Effect of Affirmative defense
on the basis of the same cause of action
Not affected by Affected by
(Sec. 4, Rule 2). It is the act of dividing a
affirmative defenses affirmative defenses
single or indivisible cause of action into
(fraud, prescription,
several parts or claims and bringing several
estoppel, etc.)
actions thereon. It is a ground for the
dismissal of others. The rule against
FAILURE TO STATE A CAUSE OF splitting of a cause of action aims to avoid
ACTION multiplicity of suits, conflicting decisions and
Failure to state cause Lack of cause of unnecessary vexation and harassment of
of action action defendants. It applies not only to complaints
Insufficiency in the Failure to prove or but also to counterclaims and cross-claims.
allegations of the establish by (1999 Bar Question)
complaint evidence one’s
stated cause of JOINDER AND MISJOINDER OF CAUSES
action OF ACTION
As a ground for dismissal
Raised in a motion to Raised in a Joinder of causes of action - It is the
dismiss under Rule demurrer to assertion of as many causes of action a
16 before a evidence under party may have against another in one
responsive pleading Rule 33 after the pleading alone (Sec. 5, Rule 2).
is filed plaintiff has rested Note: Joinder of causes of action must be
his case subject to the following conditions:
Determination 1. The party shall comply with the rules on
Determined only from Resolved only on joinder of parties;
the allegations of the the basis of the 2. The joinder shall not include special civil
pleading and not from evidence he has actions governed by special rules;
evidentiary matters presented in 3. Where causes of action pertain to
support of his claim different venues, the joinder may be allowed
in the RTC provided one of the causes of
Test of sufficiency of the statement of a action falls within the jurisdiction of said
cause of action court and venue lies therein
1. Whether or not admitting the facts 4. Where claims in all causes of action are
alleged, the court could render a valid for recovery of money, the aggregate
verdict in accordance with the prayer of the amount claimed shall be the test for
complaint (Misamis Occidental II Coop., Inc. jurisdiction. (Sec 5, Rule 2)
vs. David, 468 SCRA 63; Riano, p. 92, 2009
ed.) PARTIES TO CIVIL ACTIONS
REAL PARTIES IN INTEREST;
2. The sufficiency of the statement of cause INDISPENSABLE PARTIES;
of action must appear on the face of the REPRESENTATIVES AS PARTIES;
complaint and its existence is only NECESSARY PARTIES; INDIGENT
determined by the allegations of the PARTIES; ALTERNATIVE DEFENDANTS
complaint (Viewmaster Construction Corp. Kinds of parties in a civil action?
vs. Roxas, 335 SCRA 540; Riano, Civil
1. Real parties in interest
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 18

2. Indispensable parties the omitted

3. Representatives as parties necessary party if
4. Necessary parties jurisdiction over his
5. Indigent parties person may be
6. Pro-forma parties obtained. The failure
to comply with the
Real party in interest - He is the party who order for his
stands to be benefited or injured by the inclusion, without
judgment in the suit, or the party entitled to justifiable cause,
the avails of the suit (Sec. 2 Rule 3). shall be deemed a
waiver of the claim
Distinguish an indispensable party from against such party.
a necessary party. The non-joinder of an indispensable or a
Indispensable Necessary Parties necessary party is not by itself ipso facto a
Parties ground for the dismissal of the action. The
Parties in interest A necessary party is court should order the joinder of such party
without whom no one who is not and non-compliance with the said order
final determination indispensable but would be a ground for the dismissal of the
can be had of an who ought to be action (Feria, Civil Procedure Annotated,
action shall be joined as a party if Vol. I, p. 239, 2001 ed.)
joined either as complete relief is to Note: Parties may be dropped or added by
plaintiffs or be accorded as to order of the court on motion of any party or
defendants. (Sec.7, those already on its own initiative at any stage of the
Rule 3) parties, or for a action and on such terms as are just. Any
Must be joined complete claim against a misjoined party may be
under any and all determination or severed and proceeded with separately.
conditions because settlement of the (Sec. 11, Rule 3)
the court cannot claim subject of the
proceed without him action. (Sec.8, Rule COMPULSORY AND PERMISSIVE
(Riano, Civil 3) JOINDER OF PARTIES
Procedure: A Note: Should be
Restatement for the joined whenever Compulsory joinder of parties - The
Bar, p. 224, 2009 possible, the action joinder of parties becomes compulsory
ed.) can proceed even in when the one involved is an indispensable
their absence party. Clearly, the rule directs a compulsory
because his interest joinder of indispensable parties,
is separable from
that of indispensable Requisites of permissive joinder of
party (Ibid p.224) parties
No valid judgment if The case may be
they are not joined determined in court 1. Right to relief arises out of the same
Note: In the absence but the judgment transaction or series of transactions
of an indispensable therein will not (connected with the same subject matter of
party renders all resolve the entire the suit);
subsequent actions controversy if a 2. There is a question of law or fact
of the court null and necessary party is common to all the plaintiffs or defendants;
void for want of not joined and
authority to act, not Note: Whenever in 3. Joinder is not otherwise provided by the
only as to the absent any pleading in provisions of the Rules on jurisdiction and
parties but even as which a claim is venue (Sec. 6, Rule 3).
to those present asserted a
(Riano, Civil necessary party is CLASS SUIT
Procedure: A not joined, the Class suit - It is an action where one or
Restatement for the pleader shall set some of the parties may sue for the benefit
Bar, p. 221, 2009 forth his name, if of all if the requisites for said action are
ed.) known, and shall complied with.
state why he is
omitted. Should the What are its requisites?
court find the reason 1. Subject matter of the controversy is one
for the omission of common or general interest to many
unmeritorious, it may persons;
order the inclusion of
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 19

2. Parties affected are so numerous that it is agreement of the agreement of the

impracticable to bring them all before the
court;
3. Parties bringing the class suit are
sufficiently numerous or representative of
the class and can fully protect the interests
of all concerned (Sec. 12 Rule 3); and
4. Representatives sue or defend for the
benefit of all (Sec.12, Rule 3)
SUITS AGAINST ENTITIES WITHOUT
JURIDICAL PERSONALITY
When two or more persons not organized
as an entity with juridical personality enter
into a transaction, they may be sued under
the name by which they are generally or
commonly known. In the answer of such
defendant, the names and addresses of the
persons composing said entity must all be
revealed (Sec. 15, Rule 3).
EFFECT OF DEATH OF PARTY LITIGANT
1. Purely personal – the death of either of
the parties extinguishes the claim and the
action is dismissed.
2. Not purely personal – claim is not
extinguished and the party should be
substituted by his heirs, executor or
administrator. In case of minor heirs, the
court may appoint a guardian ad litem for
them.
3. Action for recovery of money arising from
contract and the defendant dies before entry
of final judgment – it shall not be dismissed
but instead shall be allowed to continue until
entry of judgment. A favorable judgment
obtained by the plaintiff shall be enforced in
the manner provided in the rules for
prosecuting claims against the estate of a
deceased person. (Sec. 20, Rule 3, 1999
Bar Question)
VENUE
VENUE VERSUS JURISDICTION
Venue Jurisdiction
The place, or Power of the court
geographical area to hear and decide a
where an action is to case
be filed and tried.
May be waived by: Cannot be waived
1. Failure to object
through a motion to
dismiss or through
an affirmative
defense.
2. Stipulation of the
parties.
Procedural Substantive
May be changed by Cannot be the
the written subject of the
parties parties.
Establishes a relation Establishes a
between plaintiff and relation between the
defendant, or court and the
petitioner and subject matter.
respondent.
GR: Not a ground for It is a ground for a
a motu proprio motu proprio
dismissal dismissal.
XPN: In cases
subject to summary
procedure.
Venue of real actions:
The venue is local, hence the venue is the
place where the real property involved or,
any portion thereof, is situated (Sec. 1, Rule
4).
Venue of personal actions - The venue is
transitory, hence the venue is the residence
of the plaintiff or defendant at the option of
the plaintiff. (Sec. 3, Rule 4).
VENUE OF ACTIONS AGAINST NON-
RESIDENTS
1. Defendant does not reside and is found in
the Philippines:
a. Personal actions – shall be commenced
and tried in the court of the place where the
plaintiff resides
b. Real actions – shall be commenced and
tried in the court of the place where the
property is located.
2. Defendant does not reside and is not
found in the Philippines:
a. If the action affects the personal status of
the plaintiff – the action may be commenced
and tried in the court of the place where the
plaintiff resides.
b. If it involves any property of the non-
resident defendant – the action may be
commenced and tried where the property or
any portion thereof is situated (Sec. 3, Rule
4).
WHEN THE RULES ON VENUE DO NOT
APPLY
1. In cases where a specific rule or law
provides otherwise (e.g. an action for
damages arising from libel).
2. Where the parties have validly agreed in
writing before the filing of the action on the
exclusive venue (Sec. 4, Rule 4).
EFFECTS OF STIPULATIONS ON VENUE
Rule on the stipulations on venue?
 SUBMITTED BY: ANGELLI SOL E. CONSTANTINO 20

The parties may agree on a specific venue

which could be in a place where neither of
them resides (Universal Robina Corp. vs.
Lim, 535 SCRA 95). The parties may
stipulate on the venue as long as the
agreement is in writing, made before the
filing of the action, and exclusive. (Sec.4[b],
Rule 4)

Q: What makes a stipulation on venue

exclusive?
A: Venue is exclusive when the stipulation
clearly indicates, through qualifying and
restrictive words that the parties deliberately
exclude causes or actions from the
operation of the ordinary permissive rules
on venue and that they intended
contractually to designate a specific venue
to the exclusion of any other court also com
petent and accessible to the parties under
the ordinary rules on venue of actions
(Philippine Banking Corp. v. Tensuan, G.R.
No. 106920, Dec. 10, 1993)
Note: A stipulation that the parties agree to
sue and be sued in the courts of Manila is
not restrictive or exclusive to prevent the
filing of the suit in the places provided for by
the rules (Riano, Civil Procedure: A
Restatement for the Bar, p. 205, 2009 ed.)

Examples of words with restrictive

meanings?
1. Only
2. Solely
3. Exclusively in this court
4. In no other court save –
5. Particularly
6. Nowhere else but/except

Q: When is stipulation on venue void?

A: It is void and unenforceable when it is
contrary to public policy (Sweet Lines v.
Teves, G.R. No. 28324, Nov. 19, 1978)
Note: When the action is no longer based
on the agreement but on the tortuous act of
sending collection telegrams despite the
fact that the obligation had already been
paid, venue is no longer based on the
written stipulation but at the election of the
plaintiff as fixed by law. (Zoleta v. Ramillo,
G.R. No. L-58080, Feb. 15, 1982)