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Trial Courts: RTC, MTC, MeTC, MTCC, MCTC Original Exclusive Jurisdiction of RTC
Appellate Court: CA A. Cases incapable of pecuniary estimation
69 justices, divided into 23 divisions, 3 members per division Cannot be equated with money
Lead by the Presiding Justice e.g. specific performance
Division 1-17(Manila), 18-20(Cebu), 21-23(CDO) Two tests:
Supreme Court 1. Nature of the action (Prevailing Test- expropriation cases)
Court of last resort/ Fundamental Court Read the complaint: what does it want?
15 justices Q: Why is there a need to identify the amount?
2 divisions, 7 members A: The amount indicates where to file the case. If there is no
3 divisions, 5 members amount, file it to the RTC.
5 divisions, 3 members a. Ultimate Objective Test
Lead by the Chief Justice of the Philippines - The end goal of the parties
En Banc: depending on what cases to be resolved like election of Pres or VP, - What does he want in the end?
criminal cases when they impose capital penalty - E.g. Shares of stock: capable of pecuniary estimation
*Barangay San Rafael case
Original vs. Appellate Jurisdiction
B. Cases capable of pecuniary estimation
Original Appellate Jurisdictional amount
Case is being Case is being re-
considered for the very considered 1. Recovery of ownership/possession of real property or any interest
first time by the court therein
Amount would depend on the assessed value of the real property
Original Jurisdiction Tax Declaration serves as an assessment of the property as to its
Exclusive:you can file a case in a specific court alone value.
Concurrent: you can file a case in either court.
SC-CA
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RTC Metro Manila MTC Value that you believe the property to be
Above 20k 20k and below
5. Sum of Money
Q: Why base the jurisdictional amount on the assessed value and not the market
value? RTC Metro Manila MTC
A: Assessed value is consistent or constant while fair market value is the price Above 300k 300k and below
that the seller is willing to sell and the buyer is willing to buy
Above 400k 400k and below
2. Settlement of Estate
Basis: gross value of the estate
Where to file? Look on the jurisdictional amount If based on a promissory note, jurisdictional amount is similar as to that
in settlement of estate
RTC Metro Manila MTC If based on contract, written or implied, the basis is the amount of the
Above 300k 300k and below principal loan, not including interest or damages.
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C. Under Securities and Exchange Commission Jurisdiction Any correction of birth certificate that will change the status of the child
Intracorporate controversies should be filed before the RTC.
Intercorporate controversiesbefore it was SEC’s jurisdiction, but
now,RTC particularly designated by SC as COMMERCIAL COURTS Exclusive Original Jurisdiction of MTC
1 1. Forcible Entry Ejectment case
Now… Commercial Courts take jurisdiction over corporate disputes 2. Unlawful Detainer
No need to consider the assessed value
D. General Jurisdiction
No court appears to have jurisdiction RTC Appellate Jurisdiction of RTC
If there is a quasi-judicial body that takes jurisdiction over a case, such All decisions of MTC within its territorial jurisdiction
case must be filed to that body. e.g. MTC Baguio RTC Baguio
If the case is of novelty (first of its own), file it to the RTC. MTC La Trinidad RTC La Trinidad
MTC Itogon RTC La Trinidad
E. Family Courts
Supreme Court designated RTCs as Family Courts Q: Are there cases filed from RTC and appeal to SC?
There shall be family courts in every city and every province. A:
If the capital of the province is also a city: Family court must be 1. Criminal cases where the penalty imposed is capital punishment
established in the town with the largest population. The case will pass through the CA for review
e.g. in Baguio: Branch 4 and Branch 29 (?) 2. Constitutionality of a law or a treaty
3. Validity of tax
Cases under Family Courts: Question an ordinance implementing tax
Criminal Cases: Pay under protest
1. Accused is a minor, regardless of the crime 4. Cases involving jurisdiction of the court
- Where Jurisdiction of the court is in issue – File with RTC and Appeal to SC
2. Victim is a minor
Even if the complaint is filed by the parents. All these involve only questions of law
The victim is not the same as the complainant Petition for review on certiorari/appeal by certiorari
Q: If there are 5 accused and 1 is a minor, where should the case be filed? NOTE:
A: Before the Family Court. 1. SC only entertains all questions of law and not questions of fact ass SC is
“not a trier facts”
3. Civil cases: annulment of marriage, declaration of nullity and legal 2. Jurisdiction is conferred by law and determined by allegations in the
separation complaint
3. Complaint is the initiatory pleading. No complaint, no case.
Q: If the case involves correction of entry in a birth certificate, where should the
case be filed? Illustration:
A: Actual Damages: P100k
If the correction is clerical: file an administrative action before the Local Civil Moral Damages: P100k
Registrar (LCR) Exemplary Damages: P100k
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o Change of gender: Regular courts P400k: alleged in the complaint
o Date and Place of marriage of parents: Family Court
It changes the status of a child RTC cannot dismiss the case by evaluating a lower value. It cannot outrightly
o Petition to remove the name of the father: Family Court dismiss it due to lack of jurisdiction
o Certificate of Death, “widower” change to “single”: Family Court The complaint contains merely “allegations”
- Still has to be proven
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- The court will take cognizance and determine at the hearing if the
alleged value is correct. Mortgage
- RTC cannot outrightly dismisss the case at it must take cognizance Y loaned money to Z and M. Z did not pay. M did not pay. Y wants to foreclose the
and decide with decisions. mortgage for failure of the debtors to pay.
Creditor Z vs. Y
PARTIES Indispensable Plaintiff Indispensable Defendant
Plaintiff files the case through a complaint
+M
CIVIL CASE: Plaintiff vs. Defendant Necessary Party; 2nd mortgage
SPECIAL CIVIL CASE: Petitioner vs. Respondent
Q: Does Z get complete relief from a case filed against Y?
A: No, because even if Z gets relief from Y; need to include M for complete relief.
NOTE:
All actions must be prosecuted in the name of the real parties in interest
NOTE: Include necessary party to get complete relief.
– those who stand to be affected by whatever decision the court makes
The plaintiff and defendant are the real parties in interest.
3. Representative Parties
“Every action must filed by the real parties in interest”
One who represents and stands in place of another
Kinds of Parties:
Illustration:
1. Indispensable Parties/ Real Parties-in- interest
Car Owner has an agent. Agent finds a buyer. Buyer does not pay full purchase
Indispensable Plaintiff vs. Indispensable Defendant
price. For failure of the buyer of the car to pay, the agent filed a suit against the
The parties have to be present in the court buyer.
The court cannot do without these parties.
Agent vs. Buyer
2. Necessary Parties/Proper Parties Not a real-party-in-interest Indispensable Defendant
Included for complete relief
The Car owner is the real-party-in-interest and not the agent.
Illustration:
A and B are joint debtors in a P1M obligation
Q1: Is A an indispensable plaintiff?
A1: No. Because A is not affected and not an indispensable party
Creditor X vs. A (500k)
Indispensable Plaintiff Indispensable Defendant
Q2: If buyer wants case dismissed as A is not a real party in interest, what case
+ B (500k) should be filed?
Necessary Party A2: File a motion to dismiss on the ground of LACK OF PERSONALITY TO SUE.
*X gets relief from A only
*X gets COMPLETE RELIEF if B is included NOTE:
1. Lack of capacity to sue is different from lack of personality to sue.
A and B are solidary debtors in a P1M obligation 2. Lack of personality to sue used as a ground to dismiss is a mere
FORMAL ERROR which can be cured by amendment.
Creditor X vs. A (P1m) Q3: How should Agent make proper amendment?
Indispensable Plaintiff Indispensable Defendant A3: “Car owner represented by Agent vs. Buyer”
Include the indispensable party
No need for a necessary party because the obligation is solidary.
Agent becomes the representative party
SPA
When the attorney-in-fact sues, he must include the name of the
principal as the indispensable party.
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4. Nominal Party/Pro Forma 5. Quasi-parties
They are included because the rule says so Never appear/ testify in court
Not a party but merely included Names are not mentioned in the complaint
e.g. judges, husband, parents of minor They are still benefitted by the decision of the court.
NOTE: Qualifications of a Class Suit
Illustration: a. There must be a Common/general interest
X vs. A b. Parties are so numerous, it will be impracticable to bring them all to
Petitioner Respondent court.
When an order in this case is issued with grave abuse of discretion in favor of the Illustrations:
petitioner, a petition for certiorari under Rule 65 may be filed by the respondent i. LMNOP & those similarly situated in a class suit
before the Supreme Court. vs.
PIGS
A vs. Honorable Judge
Petitioner Respondent/
Pro-forma Party
“Those similarly situated…” are the quasi-parties who benefit from the decisions
against the Pigs.
ii. Landowner goes out of the country. Several houses were built on his
house upon his return. He filed a suit
X is still the indispensable party
X must comment to the petition since he’s the one who benefits from the Landowner
order of the judge. vs.
Judge will not file his comment to the petition A,B,C& those similarly situated in a class suit
Another illustration: Q: Can the group of squatters/informal settlers be considered as a class suit?
A married woman must be assisted by the husband (who becomes a pro forma A: No, because there is no General/Common interest and because each is only
party) interested in their own particular area.
Not a class suit
MW assisted by loving husband No common/general interest
vs. One party is only interested in the portion of the land where his house
MW assisted by loving husband stands.
They all have to be included.
Q: When can married wife sue and sue alone?
A: Exception to the Rule: iii. LMNOP and other similarly situated in class suit
a. Legally separated vs.
b. Separation de facto (for more than 1 year) PIGS
c. Concerns her own profession
d. Concerns her paraphernal property One of the parties wants damages to pay for his medical bills due to the disease
he acquired because of the pigs. He cannot be included in the class suit anymore
NOTE: In case of minors, the party in behalf of minor is the Indispensable party. because he has no similar interest with the rest of the parties in the class suit.
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DEATH OF A PARTY
Actions that do not Survive Death
Duties of a lawyer: Purely personal actions (vs. a real action which involves real property)
1. Duty to inform the court 30 days from death or notice of death
2. Give names and addresses of the legal representatives to the Court. 1. Support
Court issues an order of substitution (on actions that survive) 2. Annulment of marriage
-legal representatives will take over 3. Legal Separation
Q: Compulsory counterclaim?
A: Arises from same subject matter of complaint.
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Venue: (Damages only)
Real actions Office of the government employee
1. Recovery of possession Place of publication of the paper
2. Recovery of ownership
3. Foreclosure of Real Estate Mortgage Q: What if the property is located in the boundary between two places?
A: Venue is where the property is declared for tax purposes
Personal actions
1. Sum of money 3. Non-joinder of an ordinary civil action and a special civil action
2. Damages
3. Specific performance Illustration
4. Recovery of personal property Damages and Unlawful Detainer
Others P v. D
Q: When is it controlling? In this case, both actions will be under jurisdiction of MTC so there will be
A: Under the following instances: misjoinder. However, misjoinder of these actions is prohibited (one action being
i. When agreement is done before any action is filed an ordinary CA, the other being a special CA).
ii. When the parties made it mandatory to follow the stipulated venue Remedy is to uncouple the cases so that they will not be dismissed.
Mandatory terms: “should” “must” There will be two separate actions but they will both be heard by the
This does not apply to contracts of adhesion MTC.
Ground for dismissal of the action if a case is filed before a wrong venue: improper When there is Misjoinder of action, the case will be dismissed because of lack of
venue jurisdiction.
Damages based on a libel case involving a Government Employee Petition for certiorari, Rule 65 is a Special Civil Action
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4. Totality Rule If the total sum of the claim for money is 300k: jurisdiction is on the MTC
Applies only for sum of money/damages and those involving money If the total sum of the claim for money is 400k: jurisdiction is on the RTC
claims.
Proper Joinder of Parties Illustration:
P Storeowner has claims against X, Y and Z
Illustration
A,B,C and D are passengers who were victims of an accident X- 100k (Based on a loan)
Y- 200k (Based on commission)
A: 100K v Vehicle Owner Z- 300k (Based on consignment)
B: 100K v Vehicle Owner
C: 50Kv Vehicle Owner Q: Can there be joinder of X, Y and Z as parties?
D: 50K v Vehicle Owner A: No. There is no common question of fact.
Obligations are from separate transactions
A, B, C and D may file separate actions, which will all go before the MTC
A, B, C, D v. Vehicle Owner
Questions of Fact
Are they all passengers?
Did they all pay the fares?
Are they in the same van?
With the same driver?
Questions of Law
Is there negligence?
Was there application of Articles 2176 and 2180 of the Civil
Code?
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