Civil Procedure - TSN - Exam 1

substantive law.
Let us suppose that B breached

NOTES ON CIVIL PROCEDURE the contract by not paying the purchase price. A,
under the Civil Code, is an unpaid seller who may
Based on the lectures of Atty. Lielanie Espejo compel B to pay the price. The next question is
how does he do that? This is when remedial law
First Exam - Jurisdiction to Rule 2 comes in. A would have to look at Remedial Laws
A.Y. 2020-2021 and find out how to compel B to pay the price.
Transcription and notes prepared by Remedial or adjective law is that branch of law
2-Manresa A.Y. 2020-2021
which prescribes the method of enforcing rights or
obtaining redress for their invasion. [Bustos vs.
Lucero, 81 Phil. 640]
In this example, A has the right to be paid by B, this is

BASIC PRINCIPLES a right created by substantive law and it can be found
under the New Civil Code under the law on Sales and
under Obligations & Contracts. B also has the right to
INTRODUCTION be delivered the property subject of the sale as soon
as he pays or depending on the tenor of their
WHAT IS LAW? contract. If A does not deliver and B pays, and
despite such payment, there is no delivery, there is a
It is a rule of human conduct, just and obligatory violation of B’s right.
promulgated by legitimate authority for common
observance and benefit. If A delivers but B refuses to pay, there is a violation
of A’s right. As mentioned, A has the right to be paid.
LAW CAN EITHER BE SUBSTANTIVE OR REMEDIAL Granting he has such right, what if gahi’g ulo si B, di
mubayad si B. Unsaon man nato na pag compel kay B
Substantive law is that branch of law which to pay? There we have remedial law.
creates, defines, and regulates rights.
Remedial Law.
It is a rule of human conduct because if there are no ● Branch of law which prescribes the method
rules, it will be chaos everywhere. It is just since it is of enforcing rights or obtaining redress for
for the benefit of everyone and it must be fair. It is their invasion.
obligatory because you cannot just say that now you
want to comply with the law but later you will not. So kung dili mubayad si B, dili ta pwede na mu-adto
One is not allowed to deviate from the express kay B, abrehan nimo imong wallet kwaun nimo iyang
provisions of the law. It is promulgated by legitimate kwarta, or if naa siyay mga gamit kay birahon nato
authority because it is done by the legislators for sa iya.
common observance and benefit.
We cannot do that, we cannot take the law in our
Substantive Law hands. We have a method prescribed by law, by
which we can enforce our right incase of violation. So
● Branch of law which creates, defines, and what do we do, so in that case, if residence sila in the
regulates rights. same place, they to go to the process of barangay
reconciliation first, and then if there is now a
By reason of substantive law, we have rights and we certification to file action. A will now file a case in
are able to enforce such rights. court. Unsangun man pagfile sa case in court if you
are the lawyer hired by A to represent him. So how
For example, it is substantive law which provides do you do that? You have to know what are the rules.
for the creation of obligations and contracts. A And this rules are the prescribe in Remedial Law.
enters into a contract of sale with B. A has the
right to be paid by B. This is a right created by
NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 1

It is not enough that we know substantive law, but occur. These are the remedies you undertake for the
we also have to know remedial law. Kay useless if meantime while waiting for a case to be adjudicated,
you know what are the laws but you do not know like for example attachment.
how to enforce them.
For example, you have a creditor and debtor, so the
Aspect of Remedial Law
creditor filed a case against the debtor for collection,
There are two aspects of remedial law: but in the meantime the debtor is in danger of
escaping, he will be going abroad to escape his
1. Public – affords remedies (a) to the State against liabilities. The creditor need not to wait for the final
an individual (ex. Criminal Procedure) or (b) by an disposition of the case for you to collect, because it
individual against the State (ex. Habeas Corpus or may take for many years and by that time the assets
Writ of Amparo) of the debtor had already decapitated so here the
creditor can ask for the attachment of the properties
2. Private – affords a remedy to an individual of the debtor, not to sell them but to preserve them.
against another individual (ex. Civil Procedure) The properties will be placed in the custody of the
court and in case the creditor wins the assets would
be utilized to satisfy the judgment obligation.
In State against Individual, here, if a crime is
committed, although there are private parties who
3. Special Proceedings are miscellaneous
are affected but the crime is really against the state,
proceedings dealing on specific issues (72-109)
the private party is just a witness of the state. We
also have an individual against the State, like habeas
This is not actually adversarial. You're not filing a case
corpus, or writ of amparo. For example nay nag
to enforce your right against another. There is no
disappear, wala ka kabalo asa sila pero kabalo ka na
violation of the right that has happened. But here
elements of the state ang nagkuha sa ila. You could
you just file a petition to establish a status on right
file a petition for habeas corpus or writ of amparo.
or a particular fact like for example you want to
adopt A, so by adopting A you want to give A the
In Private, for example, A against B. We have Civil
status of your legitimate child so you file a petition
Procedure there.
for adoption so that is a special proceeding.
Branches of Philippine Remedial Law
Guardianship is also a special proceeding. Settlement
of the estate when a person has died - how do you
1. Civil Procedure – the body of law that sets out divide his estate if the heirs cannot agree or if he left
the rules and standards that courts follow when a will, what do we do, how do we partition. So this is
adjudicating civil law suits (Rules 1 to 56; Special the rule that we follow, the rule on special
Civil Actions – 62 to 71) proceedings, which is also another type of a branch
of remedial law.
2. Provisional Remedies – included in Civil
Procedure; governs remedies to preserve the 4. Criminal Procedure is the legal process for
status quo until final disposition of a matter can adjudicating claims that someone has violated
occur. (57-61); SCA (62-71) criminal law (110-127).
3. Special Proceedings – miscellaneous
When you commit a crime, so for example you are
proceedings dealing on specific issues (72-109)
the offended party and you are the victim of theft,
rape, physical injuries, etc. so you're filing a case
1. Civil Procedure against the offender. The process of filing the case,
the procedures that you need to observe so that
Actually, Civil Procedure, this is what we have to you will secure the conviction of the person
study. accused, that would be a criminal procedure.
2. Provisional Remedies 5. Evidence is the means sanctioned by the Rules of

ascertaining in a judicial proceeding the truth
We have also Provisional Remedies. This is included respecting a matter of fact. (128-133)
in Civil Procedure, and governs remedies to preserve
the status quo until final disposition of a matter can

This is how you prove your case, how you present
applicable. - These Rules shall apply in all the
your evidence, whether it is testimonial evidence,
courts, except as otherwise provided by the
whether it is object evidence, whether it is
Supreme Court.
documentary evidence. So how do you prove your
case? Actually, the Rules on Evidence would apply
both to Civil Procedure - civil cases, in criminal Where is Remedial Law applied?
procedure - criminal cases, special proceedings
because in all these cases, in all these instances or Remedial Law is applied by and before the Judiciary
matters you need to prove your case. or the courts of justice.
6. Jurisdiction is deemed included in all branches of Rule 1, Section 2. In what courts applicable. – These
remedial law, but the main law is BP Blg. 129 as Rules shall apply in all the courts, except as otherwise
amended. provided by the Supreme Court. (n)
We will be discussing in Civil Procedure jurisdiction The general applicability of the Rules is pursuant to
first. After we discuss all these principles, we will Article 5(5) of the Constitution which mandates that
discuss the law on jurisdiction. Jurisdiction is included the procedural rules to be promulgated by the
in all branches, whether it is Civil Procedure, criminal Supreme Court “shall be uniform for all courts of the
procedure because you have to know which court same grade.”
has jurisdiction.
● “In all courts” means regular courts
When you file a case like in that example I gave you,
A, the seller, is filing a case against B, the buyer, for How about the NLRC, HLURB, DRAB, are we going to
breach of contract. So, it would be for specific apply the rules on civil procedure, criminal
performance for the payment of the amount or procedure, special proceedings? NO, as a general
maybe rescission whatever. So, ang question, asa rule. They have their own rules/procedures. The
man ni file aning case or to be more precise, ikaw na Rules of Court are just for the regular courts.
lawyer ni A, asa nimo i-file ang case? Is it to be filed in
the Municipal Trial Court (MTC) or the Regional Trial The general applicability of the Rules is pursuant to
Court (RTC) or Supreme Court (SC) para mas kuyaw. Article 5(5) of the Constitution which mandates that
the procedural rules to be promulgated by the
The law on jurisdiction tells us which court has Supreme Court “shall be uniform for all courts of the
jurisdiction and therefore where do we file these same grade.”
cases.
Meaning if it is a Municipal Trial Court, bisag as aka
The case filed by the parties will therefore be pa na MTC – sa davao, digos, cebu or manila, you
governed by the rules promulgated for these follow the same rule. Sa RTC naman, again, the same.
different branches of Remedial Law. If you are all RTCs, you follow the same rule.
Where is remedial law applied? There are also rules that are applicable in all courts
Meaning, when do we use the rules which we will be whether MTC, RTC, Court of Appeals, Supreme Court.
discussing, for example the Rules on Civil Procedure, But in general if same level lang mo, you follow the
criminal procedure, special proceedings asa mana same rules.
korte nato gamiton?
WHAT IS A COURT?
Remedial law is applied by and before the Judiciary
or the courts of justice. Meaning, as a general rule, The word “court” comes from the Latin “cortem”,
the regular courts consisting of the municipal trial “cors” or “cohors” which means an “enclosed yard”
courts, when you say municipal trial court, it could be or those assembled in such places (co “together” +
municipal circuit trial court, municipal trial court in hortus “garden or yard”). Its legal meaning
cities. developed when, in the late 13th century, historians
observed that assemblies for justice where overseen
by the sovereign personally, together with his
Rule 1, Section 2. Rules of Court. In what courts

entourage (or cohorts) in the same type of enclosed When you say court, it is the one vested with judicial
yards or spaces. power.
A court is a judicial tribunal duly constituted for the Is a court similar to a judge? When you say judge
hearing and determination of cases. A court is an and court, are they synonymous?
entity vested with a portion of judicial power.
NO. A judge is the person. He is a public officer
When you say court you are not actually limited to authorized to hear and decide cases in accordance
the physical building because kung muingon kag with law; a magistrate charged with the
court ang nasa isip nato is kanang sa hall of justice administration of justice. A judge is the officer
but it is actually the tribunal which is constituted to presiding over a court.
hear and determine cases. It has judicial power. Of
course, we cannot prevent others from having a When you say court, it is the tribunal constituted. It
different perception of what is a court. exercises judicial power. But of course, the tribunal
does not have a physical existence; it has to have a
THE COURT AND THE JUDGE person who will dispense this duty, who will exercise
this power. That is the judge. The judge presides over
A court is an entity vested with a portion of judicial a court.
power.
Between a court and a judge, there is a distinction.
Why a portion only? The answer to this can be found
in Article VII, Section 1 of the 1987 Constitution. A court is a creation of law. With the exception of the
Supreme Court which is a constitutional court, all
The answer to this can be found in- other courts are statutory creations.
Article VIII Section 1 A judge is human person; a creation of nature. Dili

1987 Constitution created by law ang judge. Of course, it is the law that
creates the position of the judge, but the judge
The judicial power shall be vested in one Supreme himself as a person is created by nature. He is an
Court and in such lower courts as may be individual with civil personality but imbued with
established by law. special personal qualifications that allow him to
discharge the functions conferred upon him by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving While a judge is a physical being, the court has no
rights which are legally demandable and physical existence. A judge may be separated from
enforceable, and to determine whether or not the court by his retirement, resignation, removal, and
there has been a grave abuse of discretion death. A court, on the other hand, exists
amounting to lack or excess of jurisdiction on the continuously, despite the retirement, resignation,
part of any branch or instrumentality of the removal, or death of a judge. The court can also
Government. cease to exist, or in other words, it dies, when it is
abolished by statute. There is a law which should
provide for that na “this court is already abolished”.
Unless there is a law which provides for the abolition
1st Paragraph of a court, a court remains in perpetuity or eternal
So it’s actually shared by the courts in existence, this existence, kung wala sya gi-abolish.
judicial power. We only have one Supreme Court and
in such lower courts — the Court of Appeals, the Can there be a court without a judge?
Regional Trial Court, and the Municipal Trial Courts
which are created by law, as distinguished from the Well, as we have already discussed, the existence of a
Supreme Court which is created by the Constitution. court is not affected by the removal, death, or
resignation of a presiding judge. So technically, there
2nd Paragraph can be a court without a judge, but the court can only
By judicial power, the courts can settle controversies. exercise its main functions through a judge.

When you don't have a physical person who Matano, but there are two buildings, one for
physically presides over the court, what occurs is Matanao and the other one is for Hagonoy. The same
merely a temporary hiatus in service. When a new judge will decide over these courts, but, he or she
judge is appointed to preside over the same court, will have to transfer location, whenever he or she will
the judge continues the proceedings already preside over Matanao whenever she is Matanao or
instituted in the court. He does not begin cases Hagonoy for Hagonoy. The is also the same with
anew. There is no trial de novo (new trial). other circuit courts.
There is none, the judge who will subsequently be

appointed to a court which is vacant because of the CLASSIFICATION OF COURTS
removal or death of the presiding judge, he will just
continue the proceedings. 1. Superior and Inferior Courts: Superior courts are
those exercising supervisory authority over lower
CAN THERE BE A JUDGE WITHOUT A COURT? courts, while inferior courts are those whose
decisions are subject to review by higher tribunals.
It is also fine that there could not be a judge without
a court because technically speaking, an officer is a So when you say Municipal Trial Court, it is an
judge only when he has a court to preside over. So, inferior court as compared to the RTC. The RTC has
you must have a court for you to be called a judge. the supervisory authority over the MTC. In the Level
But I guess, there are judge who are appointed as of Hierarchy, from the lowest to the highest, we have
(ma’am forgot the name) na wala pa silay sala, they the MTC, RTC, CA, SC.
can be transferred from one court to another. So
well, you can say that they don’t have a court yet but 2. Courts of general and courts of special
they are judges. jurisdiction: Courts of general jurisdiction are those
that take cognizance of all cases of a particular
CAN A JUDGE PRESIDE OVER MORE THAN ONE nature, while courts of special jurisdiction are those
COURT? taking cognizance only of a few specified matters.
YES. There are instances where a judge may preside A Regional Trial Court is a court of General
over multiple courts in the following instances: Jurisdiction. Meaning, it hears and decides several
kinds of cases, such as criminal case, civil cases,
1. When a judge is appointed to preside over special proceedings. Whereas, a Family Court
another court in a pairing or assisting capacity; and
So, he has his own Sala, he has his own court but he Whereas, Family Court, Probate Court, Small Claims
is also assigned to another court in case the judge of Court, they’re courts of special jurisdiction. Like
another court is in vacation, get sick, or becomes Family Courts, they deal only with matters pertaining
incapacitated. So that judge can preside over the to family related issues, children, spouses. Probate
court. This is to prevent vacancies, for example Court, this court deals only with matters relating to
something happened in a court or those instances the Probate of the will, when this person dies with
mentioned above. It is not allowed that a proceeding the last will and testament. Small Claims Court, they
in the said court will be suspended because a judge is are courts which deal only with matters within their
absent so there is a pairing or assisting judge. jurisdiction, like in outside Metro Manila, kung
imohang claim in general does not exceed 300k
2. In a limited sense, when a judge is appointed to pesos, then that would be within the jurisdiction of
preside over a Municipal Circuit Trial Court or MCTC. the Small Claims Court. Kung sa Metro Manila
naman, up to 400k. But take note hah, here in the
A circuit court is one which comprises such cities and Philippines, even if we say Family Court, kani siya na
or municipalities are as group together pursuant to a court only hears cases related to family issues. Or
law. Actually, there is only 1 court in reality or Probate Court, related to those cases related to
technicality, it is the circuit court. However, a judge probate matters.
may find himself in a situation where he presides in a
multiple court. For example we have the Municipal In reality, ang atuang mga RTC are also acting as
Trial Court of Hagonoy-Matanao, technically courts of general jurisdiction but are also handling
speaking, it is only one circuit court of Hagonoy- probate matters or family courts. So for example
muadto ka sa korte, makitan nimo na this is a family

court because you are attending, for example, a civil aspect because there is no private offended
declaration of nullity of marriage. But, matingala ka party, like gambling, illegal possession of firearms,
sa dockets, for example, sa mga cases assigned for drug cases, there are no private parties offended
that day, naa pud diay mga civil cases. Naa pud diay here. So an RTC acting as a drugs court is acting as a
mga criminal cases. So kaning special jurisdiction, naa criminal court. It hears only the criminal aspect of the
lang certain courts. Like, branch 8 in Davao City RTC case since there is no civil aspect.
is a family court, but it does not mean its only limited
to family court issues. Naa pud na siyay mga cases na Example of a purely civil court is an MTC acting as a
civil cases, criminal cases. Ingana because limited small claims court. Because a Small Claims Court does
lang man gud atuang courts. But in theory, mao ni not determine the guilt or innocence or hear the
siya naay courts of general jurisdiction, but there’s public aspect of criminal cases under the Rules of
also courts of special jurisdiction. Procedure for Small Claims Cases.
3. Original and appellate. Original courts are those 5. Courts of Law and Courts of Equity. Courts of law
where cases are commenced, while appellate courts are tribunals deciding cases by applying the law
are those where cases are reviewed. (Legal provisions, Civil Law, Revised Penal Code,
Transportation Law, Corporation Code, basically all
So, MTC, for example, it is purely an original court, it the codified provisions of our laws)
is not an appellate court. Ngano man? Siya man ang
pinaka ubos na level. The MTC decision is subject to Courts of equity are tribunal proceeding according to
review by the RTC. The RTC decision is subject to the precepts of equity and fairness. There are certain
review by the CA. The CA decision subject to review principles in law, that although it is not covered by
by the SC. the codified provision, but by common law principle,
they are also applied. For example, laches, wala nay
But there are also instances na ang RTC can also act codal provision relating to laches. Laches is different
as an original court, meaning diha ka magfile ug case from prescription as discussed in Obligations and
in the first instance originally. In jurisdiction, we will Contracts. When you say prescription, it is a matter of
discuss what cases fall within the exclusive original statutory application, naa nay provision sa civil code
jurisdiction of the RTC. Cases falling the exclusive on prescription. Pero walay provision under the new
original jurisdiction of the CA. Cases falling within the civil code on laches.
exclusive original jurisdiction of the SC. So kaning
MTC, wala gud tay mabuhat, original ra dyud ni siya. But still, our courts apply the principle of laches in
It is not an appellate court. But when we say RTC, CA, some cases because our courts in the Philippines are
SC, they could be appellate courts, but they could Courts of Law and Equity. Our courts apply the
also be courts of original jurisdiction when you are principles of equity and justice. So there is no such
referring to cases falling within their original thing as purely court of law and purely court of
jurisdiction. equity in the Philippines.
4. Criminal and Civil Courts. Criminal courts are 6. Constitutional Court and Statutory Court.
those which decide purely criminal cases, while civil Constitutional courts are those created by the
courts are those which decide only civil cases. Constitution itself such as Supreme Court, while
statutory courts are created by legislature (Court of
An example of a purely criminal court is the so-called Appeals, Regional Trial Court and Municipal Trial
drugs court which I mentioned already. Or the RTC Courts)
specially designated to hear cases related to
dangerous drugs. In dangerous drugs man gud, there INHERENT POWERS OF A COURT (Rule
is no civil aspect in that cases. Diba there are cases na 135, Sec. 5)
you have learned in your criminal law na as a general
rule, every person criminally liable for a crime is also
Sec. 5. Inherent Powers of Courts. – Every court
civilly liable.
shall have power:
You have learned in your criminal law, that as a
a. To preserve and enforce order in its
general rule, a person criminally liable is also civilly
immediate presence;
liable. But there are certain cases that don’t have a

If you are attending for example a court hearing, and
you are unruly, pwede ka pahawaon sa court or
e. To compel the attendance of persons
ikulong sa court. In fact, you should put your
who testify in the case pending therein.
cellphones in silent mode when you are in court. You
should not talk loudly when you are in court.
b. To enforce order in proceeding before

a person or persons empowered to
You can be subpoenaed to appear before the court
conduct a judicial investigation under
whether to testify or to provide documents so
its authority;
subpoenaed duces tecum and subpoenaed ad
testificandum.
Not only before it, but for example, the court
authorized a group or may be a commissioner to
conduct a judicial investigation under authority of the
f. To administer or cause to be
court. so that body or that person empowered can
administered oaths in a case pending
also enforce order in its proceeding under authority
therein, and in all other cases where it
of the court.
may be necessary in the exercise of its
powers.
c. To compel obedience of judgment,

orders, and process and to the lawful
Administer oath for example you are going to testify
order of the judge out in a court pending
in the court before you start testifying you are asked
therein.
to make an oath the court will administer that. What
is the relevance of that so that in case you are lying in
your testimony you can be held liable for false
So kung nay order ang court tapos nay judgment testimony that is a criminal case.
tapos dili ka motoo you can also be cited for indirect
contempt na even you are not in the present of the
court kung naa ka sa immediate presence of the
g. To amend and control its process and
court and then you are exhibiting unruly behavior
orders so as to make them conformable
under letter a you can be cited for direct contempt.
to law and justice.
Kung wala ka sa court naa kay order to appear before
the court maybe to testify tapos wala ka so then you
can be cited for indirect contempt.
So it is within the inherent power of the court to
amend and control its process and orders. So for
example there is an order and there's something
d. To control, in furtherance of justice, the
there which is not in accordance with law the court
conduct of its ministerial officers, and of
can on its own or through a motion filed by a party
all other persons in any manner
amend its orders.
connected with a case before it, in every
manner appertaining thereto;
h. To authorize a copy of a lost or

destroyed pleading or other paper to be
To control, furtherance of its administerial officers
filed and used instead of the original, and
and all other persons in any manner connected in its
to restore, and supply deficiencies in its
case it its every manner appertaining thereto so kina
records and proceedings.
iyang mga staff, observers, sheriffs etc. the court can
control their acts the court can discipline them for
example they do not act in the manner to which is
expected to them. So kung for example na wala ang original the court
can authorize that instead a photocopy or a certified
true copy can be filed the court can actually allow the

use of photocopies, carbon copies, Xerox copies its jurisdiction, to fully implement its
reproductions in lieu of the originals as long as it decisions.
complies to the rules that is required on the rules on
evidence for you to present substitutionary evidence Remedial Law - How we file cases, defend cases in
or meaning not the original one. court, the procedures we have to follow.
And let's not forget:

Reyes vs. Lim
Section 6 of Rule 135. Means to carry jurisdiction Reyes entered into a Contract to Sell with Lim
into effect. – When by law jurisdiction is conferred whereby Reyes agreed to sell to Lim a parcel of
on a court or judicial officer, all auxiliary writs, land under the following terms:
processes and other means necessary to carry it
into effect may be employed by such court or ● Total purchase price is P28 million
officer; and if the procedure to be followed in the ● The down payment is P10 million, paid to
exercise of such jurisdiction is not specifically Reyes upon signing of the contract; and
pointed out by law or by these Rules, any suitable ● The balance of P18 million shall be paid on
process or mode of proceeding may be adopted or before March 8, 1995 but only if the
which appears conformable to the spirit of said tenants or occupants of the property have
law. vacated the same.
Reyes claimed that he had difficulty in ousting the
So meaning if the court has jurisdiction over a certain tenants such that, on March 9, 1995, Reyes offered
case then it has jurisdiction to continue with the case to return the P10 million down payment to Lim,
and to carry into effect all its orders, writs and which Lim rejected. Upon verification, Lim found
processes and relation to the case because if you out that Reyes had already sold the property to
have jurisdiction its is not only that you can hear and Line One Foods Corporation on March 1, 1995 for
decide the case but it can also implement your P16,782,840.
decision you can make them effective and you can
follow the procedure provide for by the Rules of
Court so as to make the exercise of your jurisdiction Discussion: This is an example of the court’s inherent
effective or if there is no procedure provided for it power under Sec. 5 and Sec 6 na when it has
can adopt such procedure in which you believed if jurisdiction it can exercise such power as are
you are judge for example is reasonable and necessary to carry into effect that jurisdiction.
conformable with respect with the spirit of the law or
the rules. Here, there was a contract to sell entered into
between Reyes and Lim. Reyes is the seller, Lim is the
buyer.
JURISDICTION IN GENERAL
Their agreement was that the purchase price would
be P28 million and then down payment P10 million.
Lim paid P10 million to Reyes.
LACK OF JURISDICTION VS.
EXCESS OF JURISDICTION The balance was to be paid on or before March 8,
November 25 - ZOOM LECTURE 1995 subject to a condition that the tenants would
RECAP: have vacated the premises.
● We discussed yesterday the inherent power Reyes claimed he had difficulty ousting the tenants.
of the court as discussed in Section 5 of Rule He offered to return the 10 million. But Lim found
135 of the Rules of Court. out that it was sold to a different company - Line One
Foods Corp for P16 million +.
● As long as the courts have jurisdiction it has
all the means to carry into effect that Lim refused the offer of Reyes. Reyes filed for a
jurisdiction. It may exercise such powers as complaint for annulment of contract. Sya pa
are necessary for the court to fully exercise nakasala, sya pa nag-file sa case. Gusto nya i-
invalidate ang Contract to Sell with Lim.

Lim requested in open court that Reyes be ordered to
deposit the P10 million down payment with the
Contract to Sell, he cannot refuse to deposit the
cashier of the RTC. The Court granted Lim’s motion.
P10 million down payment in court. Such deposit
will ensure restitution of the P10 million to its
Reyes questioned the order requiring the deposit of
rightful owner.
the P10 million. Because if you read the Rules of
Court (NOTE: we are not yet in Provisional Remedies)
There is unjust enrichment when a person unjustly
under that law, requiring the plaintiff to deposit is
retains a benefit to the loss of another, or when a
not among the provisional remedies available under
person retains money or property of another
the Rules of Court.
against the fundamental principles of justice,
equity and good conscience.
Reyes stresses the enumeration in the Rules is
exclusive. Not one of the provisional remedies in the
In this case, it was just, equitable and proper for
Rules applies to this case. Reyes argues that a court
the trial court to order the deposit of the P10
cannot apply equity and require deposit if the law
million down payment to prevent unjust
already prescribes the specific provisional remedies
enrichment by Reyes at the expense of Lim.
which do not include deposit.
DISCUSSION: The SC said, in this case, there is

ISSUE: Whether the deposit of the P10 million
precisely a hiatus in the rules of court because there
down payment was proper. - YES
is nothing in the enumeration of the provisional
remedies that would allow a deposit pending the
RULING: The instant case is precisely one where
proceedings. Mao na and nature sa provisional
there is a hiatus in the law and in the Rules of
remedies: before the case is finally decided but for
Court. If left alone, the hiatus will result in unjust
the protection of the party who sought for the
enrichment to Reyes at the expense of Lim. The
provisional remedy, pwede ihatag sa court, like
hiatus may also imperil restitution, which is a
injunction, attachment, etc. samtang nagadagan ang
precondition to the rescission of the Contract to
kaso i-grant na sya sa court for the preservation, for
Sell that Reyes himself seeks. This is not a case of
example, of the thing under litigation.
equity overruling a positive provision of law or
judicial rule for there is none that governs this
It would be better for him to deposit. This is not a
particular case. This is a case of silence or
case of equity overruling a positive provision of law
insufficiency of the law and the Rules of Court. In
or judicial law for there is none that governs this
this case, Art. 9 of the Civil Code expressly
particular case. You are not overriding a positive
mandates the courts to make a ruling despite the
provision of law. There is nothing which contradicts
“silence, obscurity or insufficiency of the laws.”
this kind of situation or remedy because in the first
place nothing is found in the Rules of Court that
This calls for the application of equity, which “fills
would provide for a remedy in this specific kind of
the open spaces in the law.”
situation. So this is a case of insufficiency of the law
and the Rules of Court.
Thus, the trial court in the exercise of its equity
jurisdiction may validly order the deposit of the
In this case, Article 9 of the Civil Code, expressly
P10 million down payment in court. The purpose
mandates the courts to make a ruling despite the
of the exercise of equity jurisdiction in this case is
silence, obscurity, or insufficiency of the law. This
to prevent unjust enrichment and to ensure
calls for the application of equity, which fills the open
restitution.
spaces in the law. We discussed before the concept
of equity jurisdiction, or we will discuss it later.
There is also no plausible or justifiable reason for
Reyes to object the deposit of the P10 million
But here, so the Supreme Court discussed the
down payment in court. The Contract to Sell can
doctrine of the exercise of equity jurisdiction, we will
no longer be enforced because Reyes himself
discuss this also in jurisdiction.
subsequently sold the property to Line One.
Thus, since Reyes is demanding to rescind the

The Supreme Court said, there is no plausible or It will depend on the amount you are claiming. For
justifiable reason for Reyes to object to the deposit example, your client’s claim is not more than
of the downpayment in court because it was Reyes P300,000 outside of Metro Manila (for P250,000 here
himself who sought for the annulment or rescission in Davao), where do you file that case? Before the
of the contract to sell. The contract to sell can no Supreme Court? Court of Appeals? MTC?
longer be enforced because Reyes already sold the Why it is important to understand jurisdiction
property to Line One. He cannot refuse to deposit the It is important for you to know which court because if
10 million. you file in the wrong court, even if you would have
won had you filed in the correct court, the case will
This was cited in the more recent case of Lorenzo be dismissed by the court where you wrongfully filed
Shipping Corporation vs. Villarin it. For instance, you filed with the Regional Trial
Court, that would be erroneous because your claim is
Lorenzo Shipping Corporation vs. Villarin
only for P250,000, which is outside the jurisdiction of
the RTC. In fact, your case would fail under small
In LORENZO SHIPPING CORPORATION versus claims court. So, the RTC will have to dismiss it. And
VILLARIN, ET AL., G.R. No. 175727, March 06, what is more painful is, although you can refile
2019, the Supreme Court stated that, based on before the MTC, you can no longer get back the
jurisprudence, a deposit order is an extraordinary docket fee that your client paid to the RTC. Your
provisional remedy whereby money or other client suffers just because he had the misfortune of
property is placed in custodia legis to ensure hiring you as a lawyer who has little knowledge on
restitution to whichever party is declared entitled the law on jurisdiction.
thereto after court proceedings. It is extraordinary
because its basis is not found in Rules 57 to 61 of Thus, you have to know the basic concepts in
the Rules of Court on Provisional Remedies but jurisdiction with which courts are vested for
rather, under Sections 5(g) and 6 of Rule 135 of the administering justice for hearing and deciding the
same Rules pertaining to the inherent power of case. If a court has no power to hear and decide a
every court "[t]o amend and control its process case, then all the proceedings before that court are
and orders so as to make them conformable to law NULL and VOID.
and justice;" as well as to issue "all auxiliary writs,
processes and other means necessary" to carry its So, even if, like in my example, when you file it
jurisdiction into effect. before the RTC when supposedly the jurisdiction is
with the MTC, and then your opponent did not even
bother to oppose, kay wala pud siya naka hinumdum
Again, although this extraordinary remedy of deposit sa law and jurisdiction, pati ang judge wala pud. So,
is not provided for under the Rules on Provisional the case proceeded. (This is possible.) When the case
Remedies, the court nonetheless can exercise this ended, you won.
under its inherent powers under Section 5 and 6 of
Rule 135. But, actually the proceedings in that court are null
and void. Later on, unless there is estoppel, unless
raising the issue of jurisdiction is barred by estoppel
JURISDICTION which is very rare also. Because as a general rule,
jurisdiction cannot be subject to estoppel, it cannot
Jurisdiction, as discussed, is also part of the branches
be subject to an agreement.
of remedial law. It is very important for us to know
the law on jurisdiction. Why?
So, na-realize sa new lawyer sa pikas na wala’y
jurisdiction, he raised it. Ma-dismiss (ang case). So,
For example, you have a client who has a complaint
for 10 years, you litigated in the RTC and then you
for the collection of a sum of money. It is clear there
won but all you have is an empty victory because it is
is a debt owed and that it has not yet been paid and
actually a null and void decision.
has not yet prescribed. So, definitely, your client has
a cause of action and a right of action (these two will
In the first place the court (RTC) has no authority to
be distinguished later on).
hear and decide the case.
Where should you file this case?

All proceedings in a court which has no jurisdiction manner. Also, applying again the inherent power of
are null and void. the court.
Definition of Jurisdiction Now, I assigned to you the case of Naga Telephone

Company v. Court of Appeals.
Now, the term “jurisdiction” comes from the Latin
word ‘juris” which means “law” and “dicere” which What happened in the case of NATELCO VS CA?
means “to speak”. So, jurisdiction, literally means to
speak the law.
Two meanings of jurisdiction
1. The authority to hear and decide a case.
It could be denoted as the authority; it is the

general meaning of jurisdiction.
2. Defined area of responsibility
But it can also be understood as the area of

responsibility.
So, what court has jurisdiction? This is more relevant

in criminal law. You have discussed before criminal
procedure, when you say jurisdiction in criminal
cases, you are also talking of the venue – the place
where the crime is committed. Because it's that court
in that place which has the jurisdiction.
So again, the authority to hear and decide as well as

the defined area of responsibility, the territory itself.
Equity of Jurisdiction
I mentioned before equity jurisdiction. Now, what do

you mean by the principle of exercise of equity
jurisdiction?
It is a situation where the court is called upon to

decide a particular situation and release the parties
from their correlative obligations. But if that would
result in adverse consequences to the parties and to
the public, the court would go beyond its power to
avoid negative consequences in the release of the
parties.
If we go back to the case of Reyes, which we have

just discussed. Equity jurisdiction in that case, even if
again there is no specific provision in the law or in
the rules of court which would give us that kind of
remedy, but under the principle of the exercise of
equity jurisdiction, as not to cause prejudice the
court will have the power to decide in this particular

Naga Telephone Co., Inc. vs. CA telephone connections to private respondent free
G.R. 107112, 24 February 1994 of charge. The trial court concluded that while in
an action for reformation of contract, it cannot
FACTS: In this case NATELCO and CASURECO II make another contract for the parties, it can,
entered into a contract whereby NATELCO agrees however, for reasons of justice and equity, order
to install free of charge, ten (10) telephone that the contract be reformed to abolish the
connections as consideration for the use by inequities therein.” “equity demands a certain
NATELCO in the operation of its telephone service, economic equilibrium between the prestation and
the electric light posts of CASURECO II. The terms the counter-prestation and does not permit the
included that the duration of the contract would unlimited impoverishment of one party for the
be as long as NATELCO would have need of the benefit of the other by the excessive rigidity of the
electric light posts or unless they are forced to stop principle of the obligatory force of contracts.”
or abandon its operation as a public service.
Overtime, the so many, people had their
phonelines installed and CASURECO’s posts where QUESTIONS:
already overburdened. CASURECO assails the 1. Why did CASURECO and NATELCO enter this
contract 10 years after, stating that it is too one contract?
sided in favor of plaintiffs arguing that it is not in 2. What was the reason why NATELCO agreed
conformity with the guidelines of the National to give 10 telephone units for free to
Electrification Administration (NEA) which directs CASURECO? Was it because NATELCO was
the reasonable compensation for the use of the just feeling generous? Was it just wanted to
posts and prays for reformation of the contract. give telephones to CASURECO?
CASURECO invoked Article 1267: When the service
has become so difficult as to be manifestly beyond So, in the long run, there were already many
the contemplation of the parties, the obligor may connections rendered on the part of CASURECO, and
also be released therefrom, in whole or in part. there was increasing difficulty to handle the influx of
(Doctrine of Unforeseen Events) This is said to be connections. So, they filed a case to release itself
based on the discredited theory of rebus sic from that contract where it invoked Article 1267,
stantibus in public international law; under this where when the service becomes so difficult for
theory, the parties stipulate in the light of certain them to handle that it becomes beyond the
prevailing conditions, and once these conditions contemplation of the parties.
cease to exist the contract also ceases to exist.
Considering practical needs and the demands of Atty. Yang-Yang: So, under Article 1267 of the New
equity and good faith, the disappearance of the Civil Code, what does it say?
basis of a contract gives rise to a right to relief in
Student #2: When the service becomes so difficult as
favor of the party prejudiced.
it is already beyond the contemplation of the parties,
the court may authorize the release of the other
HELD: Technically, if Article 1267 was applied, it
party.
would release CASURECO from the contract. But
the SC said this would cause an inconvenience to
Atty. Yang-Yang: So, if you would apply that to the
the public. Reformation was the remedy granted
relief asked by DASURECO, what will happen?
instead. The court granted the prayer for
reformation of the contract on the ground of
Student #2: The parties will be released from the
equity, stating that “while the contract appeared
contract and CASURECO will be prejudiced by such
to be fair to both parties when it was entered into
cancellation of the contract. So, the Supreme Court
by them during the first year of private
held that equity jurisdiction should be applied.
respondent's operation and when its Board of
Directors did not yet have any experience in that
Atty. Yang-Yang: So, how will the Supreme Court
business, it had become disadvantageous and
apply its equity jurisdiction?
unfair to private respondent because of
subsequent events and conditions, particularly the
Student #2: Here, the Supreme Court said that it
increase in the volume of the subscribers of
would be more equitable that NATELCO would be
petitioners for more than ten (10) years without
required to pay 10 pesos for every post connected by
the corresponding increase in the number of

its telephone. CASURECO would pay to NATELCO in Will it affect the proceedings? Will it nullify the
the same manner that the public is paying NATELCO. proceedings if the court committed an error of
judgment?
DISCUSSION: Here, the Supreme Court did not
literally apply the consequences envisioned in Article Like katong case na 250k ang claim. Kung i-file sya sa
1267. Although, it is still a release from the contract RTC and the court entertains the case, the court
because CASURECO is no longer under that situation commits an error in jurisdiction.
where it is burdened by the telephone connections of
NATELCO in exchange of those 10 telephone lines. If the case for collection was filed in the MTC but the
But there is now a limitation on NATELCO because it judge dismissed the case because according to him,
has to pay. Dili na siya pwede magpa tuyang og gamit the right of action of the creditor already prescribed -
sa electrical posts. This is wrong because 1 year palang ang naglipas
from the time of default. What is the effect of that
Here, the remedy given by the Supreme Court is wrong decision? Error in judgement.
actually not literally what is provided for under
Article 1267. Again, there is a release but the When there is an error in judgement, the
Supreme Court took into account the prejudice that proceedings in that court are not affected but that
would be caused to the general public. Hence, the erroneous judgment can be elevated on appeal.
doctrine of equity jurisdiction.
Pwede pud ka mag motion for reconsideration sa
Jurisdiction as distinguished from the judge and then if denied, you appeal - that’s the
Exercise of Jurisdiction remedy of there is an error in judgment.
When we say jurisdiction, we are referring to the But in lack of jurisdiction (for example, the court
authority of the court to hear and decide a case. How entertained the case despite having no jurisdiction),
do we know if a court has jurisdiction? It will be it is correctable by a petition for certiorari under
determined based on the law creating the courts and Rule 65 when there is GADALEJ and there is no
enumerating what cases fall within the jurisdiction of appeal or other plain and speedy remedy in the
the said court. ordinary course of law.
But when you say exercise of jurisdiction, it means NOTE: Even if there is an error in judgement for as
that the court already has jurisdiction based on the long as the court has jurisdiction, the court will not
provision of the law - B.P. 129 (Gen. law on be divested of jurisdiction - the proceedings will still
jurisdiction). be valid.
So, naa na syay jurisdiction and then he did Kung halimbawa, walay nag appeal in that case - it
something in the exercise of such jurisdiction. became final and executory - wala na, bound naka by
the principle of res judicata. For example, there was
If the court acts over a certain subject matter when in an error in judgment where the judge erroneously
the first place, the court has no jurisdiction based on said that the right of action of the creditor already
law, there is what we call, error in jurisdiction. Here, prescribed. But at the same time, there was no
the court acted without jurisdiction. As a appeal because the plaintiff’s lawyer was being
consequence, all the proceedings in that court are careless. Thus, the decision has become final and
null and void because in the first place, the court has binding.
no authority to hear and decide the case.
However, for example there was lack of jurisdiction
Error in jurisdiction = the court acted without such that the RTC entertained a case even though it
jurisdiction was within the jurisdiction of the MTC, even if the
RTC rendered a decision and there was no appeal,
However, if the court has jurisdiction based on law, the decision can still be assailed because in the first
but in the exercise of it the court committed an error, place, the RTC had no jurisdiction.
that is what we call an error of judgement.
Obviously, mali ang judge. He decided not in
accordance with law. But what is the effect of that

wrong decision? It is not an error of jurisdiction. It is Equitable PCI Bank v. Apurillo
just an error in judgment. G.R. 168746, November 5, 2009.
When there is an error in judgment, dili affected ang Again the SC here just explained what is the
proceedings in that court. But that erroneous consequence and what are the distinctions when
judgment can be elevated on appeal. You can also file there is lack of jurisdiction vis-à-vis excess of
a Motion for Reconsideration with the judge and if it jurisdiction.
is denied, you can appeal. That’s the remedy if there
is an error in judgment. According to the case of Equitable PCI Bank v.
Apurillo:
But for lack of jurisdiction, for example the court “Excess of jurisdiction as distinguished from
entertained the case despite it not having absence of jurisdiction means that an act,
jurisdiction, it is correctible by what we call a petition though within the general power of a tribunal,
for certiorari, under Rule 65, when there is grave board or officer is not authorized, and invalid
abuse of discretion, amounting to lack or excess of with respect to the particular proceeding,
jurisdiction, and there is no appeal or other plain and because the conditions which alone authorize
speedy remedy in the ordinary course of law. the exercise of the general power in respect of
it are wanting. Without jurisdiction means lack
So again, even if there is error in judgment, for as or want of legal power, right or authority to
long as the court has jurisdiction, the court will not hear and determine a cause or causes,
be divested of jurisdiction. The proceedings will still considered either in general or with reference
be valid. to a particular matter. It means lack of power
to exercise authority.”
If for example, no one appealed in that case, and it
became final and executory. Wala na, bound na ka by
the principle of res judicata. Kay katong naa’y error in So balik na pud ta. Example of lack of jurisdiction,
judgment na niingon siya prescribed na daw ang debt katong si MTC na 250,0000, supposedly sa MTC na
pero in the first place wala pa diay, pero wala pu’y jurisdiction but they filed it with the RTC. If you filed
appeal na nahitabo because maybe nag tinanga pud before the RTC, the RTC has no jurisdiction. If it was
ang lawyer ni plaintiff, valid na to siya na finding. filed with the MTC, naa’y jurisdiction si MTC to
decide that case. However, the MTC, for example ha,
Pero katong nag entertain si RTC ug case na gi-file nimo ang claim nimo 250,000 before the MTC,
supposedly within the jurisdiction of the MTC, even if and then during the presentation of the evidence.
nahuman siya unya wala’y nag appeal or ang The evidence of the plaintiff shows that entitled diay
question, it can be assailed because the court in the siya sa P500,000 and not only P250,000. So, the MTC
first place has no jurisdiction. awarded 500,000 in favor of the plaintiff.
Okay I already discussed this. Error of jurisdiction as Q: Can that be allowed? Is that a valid decision?
distinguished from error in judgment, which is also a A: Here, insofar as the award of the 500,000 is
consequence of our discussion on jurisdiction and concerned, that is already in excess of the jurisdiction
exercise of jurisdiction. of MTC. Although, initially the MTC has jurisdiction
because the claim is based on 250,000.
As we will discuss later on, to determine which court

has jurisdiction, as a general rule, we will only base
on the allegations in the complaint.
So, based on the allegation in the complaint, there is

jurisdiction. However, based on the trial, the creditor
proved that the claim is 500,000. But the MTC cannot
award the 500,000 because it is already beyond the
jurisdiction.

Although again, initially at the inception, the court So that is the meaning of limited or special
had jurisdiction. So that would be an example. jurisdiction but again, as I mentioned also at my last
lecture in reality ang atoang mga korte you cannot
Types or Classes of Jurisdiction say si Branch 16 kuwaon lang gyud na siya. For
example si Branch 8 family court lang gyud na siya. Si
Branch 13 kay drugs court lang gyud na siya. DILI. Ang
Please remember because when we will discuss the
court nagahear sila different cases, daghan sila.
different kinds of courts and jurisdictions, you will
Although, gi designate ka as a family court but
also go back to these concepts.
actually nagahandle gihapon sila ug other cases. IN
REALITY HA.
1. General Jurisdiction - the power to
adjudicate all controversies except those
So, wala gyud ta matawag dira pa sa Philippines, I
expressly withheld from the plenary powers
don’t know, sa Davao City. Even in the other places
of the court. So, when the court has general
na purely criminal court lang gyud na siya, purely
jurisdiction, it can try several cases which
probate court lang gyud siya, purely family court,
jurisdiction is not confined, limited or special
WALAY INGANA. Although when the court acts as a
cases. The RTC is a court of general
probate court, when the court acts as a family court
jurisdiction.
then iyang idecide kato lang pud matters within the
2. Special or Limited Jurisdiction - it restricts jurisdiction of a family court, a drugs court or probate
the courts jurisdiction only to particular court.
cases and subject to such limitations may be
provided by governing law. Original Jurisdiction as Distinguished From
Appellate Jurisdiction
I discussed this yesterday. There are certain courts
which have limited jurisdiction. Original Jurisdiction - the power of the court to take
judicial cognizance of a case instituted for judicial
EXAMPLES action for the first time under conditions provided by
law
● Family Courts - their jurisdiction is only
limited to those cases specifically Appellate Jurisdiction - where it is the authority of
enumerated by law the court higher in rank, to re-examine the final order
or judgement of a lower court which tried the case
● Drugs Courts - they handle drug cases now elevated for judicial review.
● Probate Courts - they handle matters So kanang mga municipal courts mao na sila
relating to wills and succession pinakaubos. So when you say original meaning naa
silay authority nga maghear and to decide a case
Their jurisdiction is limited. When they act in that which is filed before it for the first time and then
capacity like for example, a court acts as a probate gikan sa RTC nanaman wala na pud sila ganahi pwede
court when the court acts as a probate court in that na pud sila musaka sa CA. Ug di na pud sila ganahan
proceeding it only has a limited jurisdiction. It cannot gihapon then to the SC which is the last in the
decide and it cannot determine matters which are hierarchy, the highest.
already beyond that jurisdiction.
So ang MTC naa na silay original jurisdiction, RTC naa
When you go to 3rd year in succession, for example, pud na siyay original jurisdiction. Nay mga cases,
pag probate, ang ginadiscuss lang gyud ana kay in didto namo ifile for the 1st time sa rtc. How abt CA?
general ha, katong will kung in form valid ba siya ug naa pud mga kaso for the first time didto nimo ifile sa
katong nagexecute sa will naa ba siyay sound mind CA. how about sa supreme court? naa bay original
unya katong will mao ba na siya ang giexecute gud sa jurisdiction ang SC. Naa pud. Like determine the
katong namatay when he was still alive. You cannot factual basis of the declaration nof marial law diha
go beyond that. You cannot resolve questions nimo siya ifile sa SC so inthat case nay original
relating to ownership for example of the property jurisdiction a ng SC. Appellate kay katong mga
which are the subject/included in the last will and review.
testament. So, limited lang gyud ang jurisdiction.

All courts except the MTC are appellate courts. Again “The court acquires jurisdiction over the subject
the RTC, CA and the SC, they are appellate courts. matter by looking at the allegations in the complaint
They can review the decisions of the lower courts. to determine which law to apply and to see what
court should it be filed with.”
Exclusive as distinguished from concurrent,
confluent or coordinate
How about the parties? How is jurisdiction acquired
over the parties?
Exclusive — meaning the power to adjudicate a case
or proceeding to the exclusion of all other courts at “Jurisdiction over the plaintiff is acquired from the
that stage. Siya lang jud ang nay authority to hear time he files his complaint and jurisdiction over the
and decide a particular matter. defendant is acquired by their voluntary appearance
in court and submission to its authority or by
Concurrent — meaning shared nila with all other coercive court processes or summons”
courts to hear and decide that particular matter. I
believe as sige ninyog binasa ug kaso kaila na jud mo How about jurisdiction over the issues? How is it
kay certiorari. acquired?
Certiorari “Jurisdiction over the issues is determined and

acquired through the pleadings filed by the parties.
It’s under Rule 65. Again, it is resorted to when the Such as complaints or answers.”
court acts with grave abuse of discretion amounting
to lack or excess of jurisdiction. Here, it happens How about jurisdiction over the res?
when the court acts in an arbitrary or whimsical
manner na in effect, it acted without jurisdiction or in “Jurisdiction over the res is acquired by the actual or
excess of his jurisdiction. constructive seizure by the court of the thing in
question or by provisions of law. Like land
Certiorari is an original action. Dili ni siya appeal ha registration cases. ”
ang certiorari. Although basig naa pa moy makita na
appeal on certiorari under rule 45, it is a different
concept. A petition for review on certiorari under
Distinction Between Jurisdiction Over the Res
Rule 45 is an appeal. It’s different from an original
& Jurisdiction Over the Subject Matter
action for certiorari under Rule 65 it is an original
action.
“In jurisdiction over subject matter, here are the
cases of the general class while over the res,
Rule 65 on certiorari pwede nimo na siya ifile sa RTC,
primarily deals with property. Like in subject matter,
CA ug SC as an original action. Pwede na siya. Ang
examples would be money claims. In res, the court
jurisdiction ni RTC, CA ug SC is what we call
acquires jurisdiction in cases for attachment or
concurrent jurisdiction. However, following the
garnishment.
principle of hierarchy of courts which we will also
discuss, dili nimo pwede na muderecho ka, “ay gusto
Recit questions
nako na ifile ang certiorari sa Supreme Court”. You
have to observe Doctrine on Hierarchy of courts. So if 1. How is jurisdiction over the issues acquired?
you are questioning the decision of the MTC, una sa 2. When you say pleadings filed by the parties
ka didto mufile ug certiorari under Rule 65 sa RTC di what is this?
ka muskip, di ka muderecho sa CA, di ka muderecho 3. How about jurisdiction over the res.
sa SC as a general rule. 4. Provisions of law? Example?
5. What do you mean by jurisdiction over the
We look at the law which confers jurisdiction kung res?
asa na court naay jurisdiction. 6. How do you distinguish jurisdiction over the
res from jurisdiction over the subject
How will the court acquire jurisdiction over the matter?
subject matter?
We already discussed what are the elements of
Jurisdiction. These are necessary for the court to

validly proceed, to hear and decide the case. answers, then the issues are already joined. Here,
Although in some instances there might be cases na those are the issues in a case. Basically, kanang duha
bisag wala properly na confer, the court which lang because when we go to pleadings also, in
exercises jurisdiction can still be valid. If you're general, ang mang reply is already not required.
talking about jurisdiction over the subject matter and
the court has no jurisdiction over the subject matter, So, issues raised in the case, ang consequence if the
the proceedings are null and void and cannot be court has no jurisdiction over the issue supposedly
cured by silence, agreement nor laches. the court cannot decide on that particular issue kung
wala siya na raise because it never acquired
Now if no jurisdiction over the person or the parties, jurisdiction but there are cases pud na even if the
the proceedings in the case are also null and void. issue is not raised in the pleadings but during trial,
one of the parties presented evidence over an issue
Bisag pag nagdecide na si court in that case, dili which is not raised in the pleading and there is no
gihapon siya binding sa defendant. So, the objection on the other party, the court can also rule
proceedings can be assailed because of lack of on that.
jurisdiction, specifically over the person of the
parties. But this type of jurisdiction can actually be Just read this case of Platinum Tours and Travel. I
cured kung walay jurisdiction, there could be would like to discuss more the case of Gejoya, mas
estoppel here if for example, the defendant klaro ni siya although it's an older case.
appeared in the case, he sought relief in the case, so What are the requisites for the exercise of
when we go to Rule 14 Service of Summons, I will not jurisdiction?
elaborate much here, later on in the jurisdiction issue
pa because mas masabtan ninyo when we go to the Ok so we already discussed jurisdiction over again
Rules on Summons under Rule 14. But basically, lack before we go to that over the subject matter. How do
of jurisdiction over the person of the parties is pwede we know kung naa bay jurisdiction si court over the
siya macure, dili ni siya grabe sa lack of jurisdiction subject matter? We go to BP Blg. 129 and examine
over the subject matter. kung kaning court ba naay jurisdiction over this
subject matter? Kaning for example, a sum of money,
(Types of Jurisdiction; continued) foreclosure of mortgage, recovery of possession,
rescission of contract. Kinsa may court ang nay
3. Jurisdiction over the res jurisdiction, tan-awa nato ang law. It is the law which
tells which court has jurisdiction.
It is the jurisdiction of the court over the property or
the status or the right which is involved in the How does the court acquire jurisdiction? Of course,
litigation, like for example foreclosure of mortgage. kung nakita na nato sa law nga sa RTC ang
So, the property, which is covered by the mortgage, jurisdiction…
that is the res.
By that the court already acquires jurisdiction over
When you say subject matter, it is the nature of the the issues and again as I said even if wala sa pre-trial
case like foreclosure of mortgage, so foreclosure of brief, wala gi-raise sa complaint and wala gi-raise sa
mortgage that is the nature of the action and that's answer but during trial plaintiff presented evidence
the subject matter. Which court has jurisdiction over for another issue. Kung ikaw si defendant dapat mu-
an action for foreclosure of mortgage? We're talking object ka because the court has no jurisdiction over
here about the subject matter but the property the issue so he cannot present evidence also on that
which is mortgage itself we're talking here of the res, particular issue pero kung nakalimot pud ka sa imong
one which is to be seized by the court, to be put civil procedure and you didn’t object, in that case
under custodia legis or under the custody of the there’s already an implied consent to that issue.
court. Hence, the court can also rule on that because the
court has also acquired jurisdiction over that issue.
4. Jurisdiction over the issues
Jurisdiction over the res – it is acquired by the actual
It is basically confirmed by the pleadings. So, when or constructive seizure by the court of the thing in
the complaint is filed, the plaintiff here raises issues question.
in his complaint and then when the defendant

Actually meaning, ang property gi-seized gyud ang mention anything to that effect, jurisdiction remains
gidala sa court under the custody of the court or with the court. That is the principle of Continuing
constructive seizure lang like there’s a writ of seizure, Jurisdiction. We will also discuss this.
or writ of preliminary attachment, or writ of
possession even if wala sa ang actual possession of We also mentioned before, how do we know if the
court ang thing but because of that writ court really has jurisdiction? We examine the
constructively that thing is already in the possession allegations in the complaint because it is the
of the court. So it is acquired by the filing of the case allegations in the complaint that says which court has
and by the issuance of the court of that writ by jurisdiction. So, if your allegation says you are
seizure whether actual or constructive. claiming P500,000 against the defendant, then
jurisdiction is with the RTC. If it is outside Metro
DE VILLA VS. COURT OF APPEALS Manila, the RTC’s jurisdiction is any claim exceeding
G.R. No. 87416, April 8, 1991 P300,000. If within Metro Manila, it is any claim
exceeding P400,000.
This involves a criminal case. So jurisdiction in
criminal cases depends also on the place where the If your case is for rescission of a contract, for
crime was committed. For example, if a crime was example, under the law when we discuss specific
committed in then it should be the Davao City Court jurisdictions, that is an action which is incapable of
that has jurisdiction depending on what crime pecuniary estimation (no amount involved), and thus
whether falling under the MTC or RTC so long as it is it is with the RTC.
within Davao City.
If your complaint seeks ejectment where you are
The jurisdiction over the subject matter is alleging that there was a lease contract but it has
determined by the statute in force at the time of the already expired. Despite the expiration of the
commence of the action. contract and demand against the lessee, the lessee
did not vacate the property, then we now have a
For example, pag-file nimo at that time all claims for case for unlawful detainer. This falls within the
sum of money not exceeding P100,000.00 falls within original exclusive jurisdiction of the Municipal Trial
the original exclusive jurisdiction of the municipal Court.
trial court. Then later on while your case is pending
during trial there’s an amendment to the law So, it is the allegation in the complaint which
increasing the jurisdiction of the MTC to determines jurisdiction. Based also on the law which
P200,000.00. Is the court already ousted of says that it is this court that has jurisdiction.
jurisdiction? For example, sa RTC you filed a case for
collection of sum of money P150,000.00 because at QUESTION: How about if your claim is P500,000 sum
that time when you filed the case the jurisdiction of of money? You filed a case against the debtor in the
the MTC is P100,00.00 below so anything beyond is RTC. Then in his Answer, the debtor said, “My debt is
RTC. only P100,000. The excess was actually donation, not
debt. So since it was only P100,000 that is the basis,
But during the trial of the case, as I said, nag increase then the case is supposed to be filed before the MTC.
to P200,000 ang MTC. So katong imong case na Since the jurisdiction of the RTC is over P300,000.”
P150,000 pending before the RTC, kug tan awun nato Will the court say that the case should be
karon, dapat sa MTC siya. transferred to the MTC since its only P100,000? NO.
QUESTION: Is the RTC ousted of its jurisdiction over A: The rule is that whether or not the court has
the case? jurisdiction will be determined based on the
allegation in the complaint, regardless of any defense
A: As a general rule, NO, because what determines that the defendant interposes in his answer or in the
whether the court has jurisdiction over the subject motion to dismiss. Otherwise, if you were allowed to
matter is the law in force at the time of the follow the allegation of the defendant, then you
commencement of the action. Although, there are would not be able to settle the issue of jurisdiction
some cases where the law would also say, “All because lahi ang giingon ni plaintiff and lahi pud
pending cases in the RTC involving this amount shall giingon ni defendant.
be transferred.” But if the law is silent and does not

So, we are only limited to what is mentioned and be automatically referred by the judge or the
what the statements are alleged or set out in the prosecutor to the DAR which shall determine
complaint. and certify within fifteen (15) days from
referral whether an agrarian dispute exists:
There are several cases relating to this, just read the Provided, That from the determination of the
cases of Heirs of Juanita Padilla v Dominador DAR, an aggrieved party shall have judicial
Magdua. Again, irrespective of whether the party is recourse. In cases referred by the municipal
entitled to all or some of the claims. Even if the trial court and the prosecutor’s office, the
plaintiff is not entitled to what he or she alleged in appeal shall be with the proper regional trial
the complaint, but again, if he stated P500,000, then court, and in cases referred by the regional
that will be the basis in determining whether or not trial court, the appeal shall be to the Court of
the court has jurisdiction. Even if after the hearing, it Appeals.
was proved that the debt of the defendant was only
P100,000. “In cases where regular courts or quasi-
judicial bodies have competent jurisdiction,
Q: So are we saying now that the proceeding is null agrarian reform beneficiaries or identified
and void because the debt was only P100,000, hence, beneficiaries and/or their associations shall
RTC has no jurisdiction? have legal standing and interest to intervene
concerning their individual or collective rights
A: Again, the rule is that, in determining the and/or interests under the CARP.
jurisdiction, we just read the four corners of the
complaint. That is the general rule. Why am I saying
“The fact of non-registration of such
that? It is the general rule, is there an exception?
associations with the Securities and Exchange
Read this case of Serrano v Munoz:
Commission, or Cooperative Development
Authority, or any concerned government
Nor may the jurisdiction of the court be
agency shall not be used against them to
made to depend upon the defenses set up in
deny the existence of their legal standing and
the answer or upon the motion to dismiss,
interest in a case filed before such courts and
for, were we to be governed by such rule,
quasi-judicial bodies.”
the question of jurisdiction would depend
almost entirely upon the defendant.
No court, or prosecutors’ office, shall take cognizance
Remember this very important rule. of cases pertaining to the implementation of the
CARP except those provided under Sec. 57 of RA No.
Q: Is there an exception to that rule? 6657 as amended.
A: Yes. The application of Republic Act 9700 (THE TAKE NOTE: If there is an allegation from any of the
CARP LAW), when it took effect in 2009. It says in parties that the case is agrarian in nature, and one of
section 19: the parties is a farmer, farmworker or tenant, the
case shall be automatically referred by the judge or
SECTION 19. Section 50 of Republic Act No. the prosecutor to the DAR xxx Shall within 15 days
6657, as amended, is hereby further from referral, when an agrarian dispute exists.
amended by adding Section 50-A to read as
follows: Agrarian dispute man gud, agrarian law
implementation cases , when we go to the doctrine
of primary jurisdiction, these cases fall within the
“SEC. 50-A. Exclusive Jurisdiction on Agrarian
jurisdiction of the Department of Agrarian Reform.
Dispute. — No court or prosecutor’s office
Didto na sila i-hear. Ang DAR, naa pud na silay quasi-
shall take cognizance of cases pertaining to
judicial tribunal. Naa silay DARAB or what we call the
the implementation of the CARP except those
Department of Agrarian Adjudication Board. There’s
provided under Section 57 of Republic Act No.
also DAR itself, over agrarian law implementation
6657, as amended. If there is an allegation
cases. You will realize the importance of that when
from any of the parties that the case is
you go to practice. Daghan kaayo cases involving
agrarian in nature and one of the parties is a
lands na within the jurisdiction of the DAR. So, okay
farmer, farmworker, or tenant, the case shall
pud nang mga land cases actually.

there is nothing there about an agrarian dispute, na
So here, it says basically na, even if the complaint farmer, tenant, wala. Now, so here the lands were
says na its for the recovery of possession. Ang actually subjected to conversion. You know what’s
allegation tanan sa complaint does not mention at all conversion? Supposedly pag agricultural land,
any agrarian implementation case, any agrarian agricultural dyud na siya. You cannot own more than
dispute, does not mention that defendant is a 5 hectares of agricultural land, anything beyond that
farmer, farmworker or tenant, nothing. Pero, pag will be taken by the State and be distributed to
answer ni defendant or maybe in the motion to qualified agrarian reform beneficiaries. So that’s the
dismiss filed by the defendant, iyang gi-allege na rule actually. Pero kung gi-convert na na siya to
there is an agrarian dispute, and that he is a farmer, industrial, commercial, so it ceases to become
farmworker, or tenant. The law says na automatically agricultural. So here, there was a conversion order
na i-refer nato sa DAR. Dili pa i-dismiss hah, i-refer pa actually. And later on, but before that, the plaintiffs
ni court whether kung didto siya gi… kung criminal said na wala pud dayun na introduce ug
case siya, naa man uban cases na nagfile ka theft, gi improvements, because again the defendants refuse
file nimo sa theft na nangawat sila lubi, then muingon to vacate the land.
dayun tung tenant na “hoy, tenant ko. Wala ko
nangawat, because I took the coconuts under a claim Pero kung giconvert na siya into industrial or
of ownership.” commercial, so it ceases to be agricultural. Here,
there was a conversion order actually. But before
That is actually a defense. Pagkakita sa prosecutor, that, the plaintiff said na wala pud dayon
dapat i-refer na niya sa DAR, or if it is the MTC nagfile nakaintroduce ug improvements because the
ka ng forcible entry or unlawful detainer, ejectment defendants refused to vacate the place.
cases, then magingon tung si defendant na “actually,
this is an agrarian dispute, I’m a tenant” So i-refer na Now in their answer, in their counterclaim, the
ni court didto sa DAR. Dili pa na i-dismiss. For the respondents alleged that the court has no jurisdiction
DAR to make its own investigation, and maghatag na over the case because it is an agrarian reform case,
siya certification, saying whether or not this is an jurisdiction should be with the Department of
agrarian dispute. If the DAR says this is an agrarian Agrarian Reform. According to them, they are
dispute, the court or the prosecutor’s office will tenants of the land holding and there is an agrarian
dismiss the case because it has to be filed with the dispute here because we are tenants.
DAR. Ang jurisdiction is not with the regular courts.
Under the Republic Act No. 8844, you cannot just be
Pero kung mag-ingon si DAR na “this is not an ousted from the land. You have what you call
agrarian dispute”, so the court may proceed. So in Security of Tenure over the land. Even if you die, you
effect, nahimo siya exception to the general rule na will be succeeded by your heirs. Not all of them
when we determine whether or not the court has though, but the land owner will have to choose
jurisdiction. Supposedly, we’re just looking at the among the heirs who will succeed in the tenancy.
allegations of the complaint. Wala ta pakeelam sa Even if you sell the land, continue gihapon ang
kung unsa iingon ni defendant in his answer, but then tenancy. Kung kelangan jud sila muhawa, you have
again agrarian dispute diay na siya, i-refer sa DAR. to pay them disturbance compensation.
I’ll just discuss this case na lang para dali. We have So here, there is an agrarian dispute, then RA 9700
this case of Chailese Development Company vs. took effect. So, here, the court initially dismissed the
Dizon. case because there was no jurisdiction. And later on,
reinstated. So now, it reached Supreme Court
On the application of Sec. 50-A, RA No. 9700, as because the defendants are saying that:
embodied in Sec. 19 which we have discussed. So
here, there was a complaint for recovery of a. We are tenants, this is an agrarian
possession. At that time pud, wala pa pud nag take dispute, so the Court should not
effect ang RA 9700. Now, so ang complainant in its have proceeded with the case and
complaint, wala siya gi-mention at all na it is an instead should have automatically
agrarian dispute. So it just says na it is a corporation, referred the case to the DAR for
and a registered owner of a parcel of land, and that determination whether or not this
the land is illegally occupied by the defendants. So involves an agrarian dispute.

b. And because of the application of
RA 9700. R.A 9700 can be applied retroactively; it merely
highlights the exclusive jurisdiction of the DAR to rule
So there are two issues here in so far as our on agrarian cases by adding a clause which mandates
discussion is concerned. the automatic referral of the cases upon the
existence of the requisites therein.
1. At the time when the case was filed,
wala pa ang RA 9700. It only took effect REQUISITES
in 2009 and the case was filed in 2004. 1. There is an agrarian dispute.
So here, can RA 9700 be applied 2. The defendants are farmers, farmworkers or
retroactively? Meaning, didto naka sa tenants.
tunga sa case and it took effect, does
the court have the duty to automatically The requisites again number one there is an
refer the case to the DAR? allegation that there is an agrarian dispute and then
number two the defendants are farmers,
The Supreme Court said YES. RA 9700 farmworkers or tenants. The Supreme Court said that
can be applied retroactively. It merely RA 9700 is not deviate but merely reinforces the
highlights the exclusive jurisdiction of jurisdiction of the DAR set forth in the earlier law
the DAR to rule on agrarian cases by which is the RA 6657 or the Comprehensive Agrarian
adding a clause which mandates the Reform Law.
automatic referral of the cases upon the
existence of the requisites therein. The RA 9700 ikaduha nani siya in 2009 moreover because
requisites are: the Supreme Court said that this is merely procedural
in nature when it is procedural in nature it is deemed
a. There is an allegation that there is to apply in all actions pending and undetermined at
an agrarian dispute; the time of its passage. So mag apply gihapon siya
like now kitong amendments sa ROC even it took
b. The defendants are farmers, farm effect only last May 1, 2020 but you filed the case
workers or tenants. way back, let say 2000 affected gihapon siya kay
ginaaply gihapon siya sa mga courts karun ang mga
The Supreme Court said that RA 9700 amended rules na, so procedural okay. Lahi pud tong
does not deviate but merely reinforce jurisdiction kay kitong jurisdiction ha it is substantive
the jurisdiction of the DAR set forth in that is why when you say which court has jurisdiction
the earlier law RA 6657 or the it is determined based on the law at the time of the
Comprehensive Agrarian Reform Law. filing of the complaint regardless of the change in the
Ra 9700 is the subsequent law. law in jurisdiction subsequent to the filing. But here
Moreover, because the SC said that this since it is procedural even at the filing of the
is merely procedural In nature. When it complaint wala pa ni siya na rule pero naabtan ka
is procedural in nature, it is deemed to while the case is pending it still applies to you
apply to all actions pending and because it is procedural.
undetermined at the time of its passing.
So it still applies. For example, the Now is it referral in the DAR automatic?
amendments on Rules of Court, even if
it took effect last May 1, 2020, and you TAKE NOTE: The SC scrutinized the provisions of the
filed a case way back in 2000, affected Section 19 of RA 9700 mao ni sila ang requisites
siya kay ginaapply sa courts karon ang before the prosecutor or the judge is obligated to
amended rules na. So procedural. automatically refer the cases pending before the DAR
number one is at allegation from anyone or both of
-Lahi pud tong jurisdiction, it is the parties to the case is agrarian in nature and
substantive. If you are to say which number two one of the parties is a farmer,
court has jurisdiction, it is determined farmworkers or tenant now take note ha of these
by the law at the time of filing of the requisites.
complaint. Regardless of the change in
the law on jurisdiction subsequent to
the filing.

Allegation na it is agrarian in nature by the mere December 1, 2020RECAP:
allegation in the answer of the defendant in this case
satisfied the requisite number one because number
JURISDICTION OVER THE PERSON
one says allegation when there is an allegation that
there is an agrarian dispute so kaning number one
This is the power of the court to render judgment
again it is satisfied by the mere fact of alleging okay.
which will bind parties to the case.
However number two the SC said it is not connected
to number one kaning letter a because of those use
Jurisdiction over the person of the plaintiff is
of the word “and'' it refers to the allegation that the
acquired from the time he files his complaint;
case is agrarian in nature the allegation does not
while jurisdiction over the person of the defendant
extend to the second requisite that a party is a
is acquired by his voluntary appearance in court
farmer, farmworker, tenant otherwise the law should
and his submission to its authority, or by the
have said there is allegation that the case is an
coercive power of legal processes exerted over his
agrarian dispute and one of the parties is a farmer,
person.
farmworker or tenant.
Jurisdiction over the person is subject to waiver,
So again kaning allegation it only applies to the first
unlike jurisdiction over the subject matter which is
requisite as the second requisite mere allegation is
conferred by law and cannot therefore be waived.
not sufficient to the second requisite you have to
prove that you are a farmer, farmworker or tenant so
the second requisite required proof the first requisite Remember, whether or not the court has jurisdiction:
again allegation lang. So for the automatic referral to
apply both requisites must be present. So the SC said 1. We have to look into the law which provides
anent the second requisite the defendants failed to for the various jurisdiction of the several
prove that they are farmers, farmworkers or courts
agricultural tenants. So here the SC said that for the
automatic referral to the DAR to apply again there 2. Jurisdiction is acquired by the court when
must be an allegation that it is an agrarian dispute the case is filed
and proof that the parties or any of the parties are
farmers, farmworkers or tenants. It is not enough 3. Jurisdiction is also determined based on the
that the elements are alleged self-service statements allegations in the complaint
in the pleading are inadequate. So this is the ruling
here but if na prove nimo na tenant ka then dapat i-
refer nani court kay DAR ang case. So ma apply na
JURISDICTION OVER THE
nato ang exception to the general rule na jurisdiction PERSON
is determine only based on the allegations in the
complaint kani siya if it is agrarian dispute and it is
alleged that this an agrarian dispute and it is prove Usually there are two parties in a case:
that the parties are farmers, farmworkers or tenants
automatic na ang referral to the DAR. 1. Plaintiff or complainant
2. Defendant
Who is the petitioner?
Usually in administrative cases, special proceedings,

they are called petitioner and respondent.
If it is a civil action, they are referred to as plaintiff or

complainant and defendant
Later we will learn that there could be intervenor - he

could be the plaintiff-intervenor meaning he is siding
with the plaintiff, or defendant-intervenor, but he is
not an original party to the case so he will file a

motion with the court to allow him to intervene. Naa summons. So, nagfile si plaintiff og motion to declare
pud third, 4th, 5th parties. the defendant in default. As a consequence, the
defendant is not anymore entitled to participate in
HOW IS JURISDICTION OVER THE PERSON the proceedings.
ACQUIRED?
What can the defendant do? Because there was
This is the power of the court to render judgment improper summons, the defendant over whose
which will bind parties to the case. person the court did not acquire jurisdiction, the
proceedings are entirely null and void.
On the part of the plaintiff or complainant
Jurisdiction over the person is subject to waiver,
Jurisdiction over the person of the plaintiff or unlike jurisdiction over the subject matter which is
complainant is acquired from the time he files his conferred by law and cannot therefore be waived.
complaint.
On the part of the defendant CARSON REALTY & MANAGEMENT

CORPORATION VS. RED ROBIN SECURITY
It depends, it could be: AGENCY
● By service of summons upon the defendant G.R. No. 225035, February 8, 2017.
(coercive power of legal processes exerted
The RTC acquired jurisdiction over Carson
over his person)
In any event, event if we concede the invalidity of the
● By his voluntary appearance in court
substituted service, such is of little significance in view of
(submission to court’s authority )
the fact that the RTC had already acquired jurisdiction
over Carson early on due to its voluntary submission to
■ How?
the jurisdiction of the court.
▸ When he files his answer in
Courts acquire jurisdiction over the plaintiffs upon the
the case filing of the complaint. On the other hand, jurisdiction
over the defendants in a civil case is acquired either
▸ When he files a motion to through the service of summons upon them or through
dismiss and includes OTHER their voluntary appearance in court and their submission
GROUNDS to its authority, as provided in Section 20, rule 14 of the
Rules of Court.
▸ When he asks for relief from
the court.
GUIDE QUESTIONS:
While jurisdiction over the person of the defendant is
acquired by his voluntary appearance in court and his 1. What if the lawyer who filed the notice of
submission to its authority, or by the coercive power appearance was not really authorized by the
of legal processes exerted over his person. client?
2. What were the circumstances considered by
NOTE: Jurisdiction over the person is REQUIRED for the Court?
the court to acquire authority over a case. 3. Who received the summons?
4. What were the allegations of the parties?
Even if the court has jurisdiction over the subject 5. What did the lawyer file? Did the lawyer file
matter and the case is within the jurisdiction of the an answer?
court, but the defendant was not properly
summoned, no jurisdiction over his person was This case was decided before the amendment to the
acquired. The decision of the court can be assailed as Rules of Court. Even with the amendment of the
null and void. ROC, lahi na ang mga persons who can receive for
and in behalf of the corporation. Sa una mas limited
Ex: Nagfile og case si plaintiff, nagsummon sila sa to sila. Karon daghan na. Dili lang necessarily na
defendant. Kaya lang improper ang service sa

officer of the corporation, even the secretary or jurisdiction over the res for there to be a complete
security guard can receive. determination of the case.
Important consideration that you need to remember

is that, assuming there was really improper improper
service of summons, but there are two ways by
which the court acquires jurisdiction over the
person of the defendant:
1. Summons
2. Voluntary submission to the jurisdiction of
the court.
Here, from the moment that the lawyer filed a notice

of appearance and asked for extension to file an
answer (relief), the court already acquired
jurisdiction.

RES
JURISDICTION OVER THE RES
Jurisdiction over the “res” or the “thing” in dispute

may be acquired by seizure. It applies generally to
actions involving the personal status of plaintiff
and property within the Philippines.
NOTE: Jurisdiction over the res may be acquired by

filing of the complaint or by seizure of the thing. By
then, the thing is already placed under custodia legis
or the custody of the court..
This is discussed in Rule 14, how we acquire

jurisdiction over the res. When you say the res, we
are not referring to the personal liability of the
defendant but to the thing which is the subject
matter of the action or the status.
In special proceedings, in order for the court to

acquire jurisdiction over the person of the parties,
ang need lang diha is publication. Like, what do you
mean by the res, the status? Like, your status as an
adopted child - that is the res. Declaration of the
nullity of marriage- so the validity of the marriage is
the res.
In property, like foreclosure of the mortgage, so we

are referring to the property which is the subject of
the mortgage. The court should also acquire

BIACO VS. PHILIPPINE COUNTRYSIDE RURAL In a proceeding in rem or quasi in rem, jurisdiction
BANK over the person of the defendant is not a
prerequisite to confer jurisdiction on the court
FACTS: Ernesto Biaco, husband of petitioner Ma. provided that the court acquires jurisdiction over
Teresa Biaco, obtained several loans from the res. Jurisdiction over the res is acquired either:
Philippine Countryside Rural Bank as branch
manager. He executed a real estate mortgage in 1. By seizure of the property under legal
favor of the bank over a parcel of land. The REM process, whereby it is brought into actual
bore signatures of the spouses. custody of the law;
2. Or as a result of the institution of legal
When Ernesto failed to settle the loans on its due proceedings, in which the power of the
date, the bank through counsel sent him a written court is recognized and made effective.
demand on September 28, 1999. The amount due
as of Sept. 30, 19999 had reached 1,080,676.50. Nonetheless, summons must be served upon the
defendant not for the purpose of vesting the
The written demand, proved futile. The bank filed court with jurisdiction but merely for satisfying
a complaint for foreclosure of mortgage against the due process requirements.
the spouses. Summons was served to Ernesto’s
Office. Ernesto received summons but he failed to
file an answer. The spouses were declared in
default and the bank presented its evidence ex GUIDE QUESTIONS:
parte. The Court decided against the Spouses.
1. A creditor files a case of foreclosure of
Teresa argued that the judgment should be mortgage against the debtor, but the debtor
annulled because she was deprived of due process was either not served with summons or
because she did not receive the summons. She there was improper service of summons.
said the court did not acquire jurisdiction over her The Court proceeded with the foreclosure of
person. the property. Is it valid?
ISSUE: Whether the RTC acquired jurisdiction over 2. What do you call the portion of the decision
the res and in relation to that, if it failed to acquire where, example: the proceeds of the
jurisdiction over the person of Teresa. foreclosure are not sufficient to pay off the
debt, then the debtors are liable for the
RULING: The question of whether the trial court balance?
has jurisdiction depends on the nature of the
action, i.e. whether the action is in personam, in A: Deficiency judgment. When you foreclose, it is
rem, or quasi in rem. The rules on service of possible that the proceeds will not be sufficient to
summons under Rule 14 of the ROC likewise apply pay off the entire obligation. But it does not mean
according to the nature of the action. An action in that the debtor is already free of the obligation. In
personam is an action against a person on the that case, there is also a need for a deficiency
basis of his personal liability. judgment. The court will order the debtors to pay the
balance after deducting the proceeds of foreclosure.
An action in rem is an action against the thing itself
instead of against the person. DISCUSSION: Whatever is the case whether it is in
personam, in rem, or quasi in rem, there is a need to
An action quasi in rem is one wherein an individual serve summons upon the defendant. Although when
is named as defendant and the purpose of the we go to Rule 14, lahi lahi ang procedure for the
proceeding is to subject his interest therein to the service of summons. If you did not comply, before
obligation or lien burdening the property. In an you can resort with any other mode, you must
action in personam, jurisdiction over the person of comply with the requirements of the Rules of Court.
the defendant is necessary for the court to validly Otherwise, dili valid imong service of summons.
try and decide the case.
Even if you say nga naay jurisdiction over the res,
still, you have to comply with the rules on summons

so as to observe due process. Non-observance of due who are not parties. Ex: Recovery of possession. Naay
process will oust the court of its jurisdiction, pwede person nisulod sa akong property by force,
nimo i-contest ang proceedings sa court. You can intimidation, threat, stealth - grounds for forcible
contest nga naay lack of jurisdiction kung wala ka entry, nagfile ko forcible entry kay gusto nako sya
nag-observe og due process. pahWhat if there awaon. Such action is an action in
personam. It is directed against the person. You want
You have to follow the procedure, especially nga him to be ejected. Dili sya action involving the
naay deficiency judgment sa case. When there is a property because the property is already yours.
deficiency judgment, you are asking for personal
liability of the debtors. In that sense- the deficiency What if there are persons who are not not assignees,
judgment, it becomes in personam. It imposes not successors-in-interest, not heirs - totally a
personal liabilities upon the defendants and you stranger, will they be binded by the decision of the
cannot do that without acquiring jurisdiction over the court? No. in the forcible entry case you filed, only
person of the defendant. That is the rule. person A is your defendant.the action is only binding
as to him.
Kung naay defect, you can contest that maybe on the
ground of lack of due process, not because no NOTE: By filing pleadings, the Court will be able to
jurisdiction was acquired by the court. Again, naa nay hear your side and the defect of lack of due process
jurisdiction over the res, but still there was no will be cured.
observance of due process. We will discuss this again
when we go to Rule 14.
ACTION IN REM ISSUE
Ex: registration of title. It is over the property itself.
When you apply for registration over a land, the
JURISDICTION OVER THE ISSUE
whole world may oppose your application for
registration. Any judgment rendered by the court in This is the authority of the court to try and decide
that proceeding is binding against the whole world. the issues raised in the pleadings of the parties.
Usually, pag in rem, because you cannot summon a This is acquired by the court after the defendant
specific person, in in rem proceedings publication ang files his answer or, in procedural parlance, when
requirement to acquire jurisdiction.The publication the “issues are joined” unlike subject matter
serves as the notice to the whole world. Usahay jurisdiction which is acquired upon filing.
posting.
ACTION QUASI IN REM DISCUSSION: Mao ni ang complaint ni plaintiff, mao

ni ang answer ni defendant, the issues are now
Ex: foreclosure. There is a defendant who is named joined. Should we wait for the reply?
because he is the owner of the property. The
purpose is to subject his interest in the property to A: No. Under the new rules, the filing of a reply is not
the obligation or lien burdening that property. In a allowed. There are just specific circumstances na
foreclosure, it is now the property which is made to pwede ka magreply. Once you filed the answer,
answer for the obligation. If kulang, pwede pa ka joined na.
maningil sa debtor. But that is IN PERSONAM -
katong sa deficiency nga portion. SCENARIO: A case for a specific performance is filed.
B, the plaintiff said A sold to him a 1-hectare parcel of
ACTION IN PERSONAM land covered by a TCT for 1 million. When B was
ready to pay, A refused to honor the agreement. The
Ex: Action for collection. You are seeking to recover sale was verbal. A said his consent was vitiated and
from a definite person so that is adversarial. It is also there was lesion because the price was inadequate.
required na jurisdiction over the person of the
defendant is acquired. Although, in an action in The issue is whether or not the sale between A and B
personam the decision is not binding against those is voidable or rescissible.

The Court cannot decide the case based on other
reality which were not based on the pleadings of the
party. What happens if during the proceeding, A says
the contract is unenforceable because it is covered
by the Statute of Frauds. It has to be in writing. But
that was not raised in his answer. So the court did
not acquire jurisdiction on the issue whether or not
the contract of sale is unenforceable.
However, if the lawyer of A failed to object, waived

na ang defense. Dili pwede maingon sa plaintiff na
dili sya covered sa issues sa case.
Even if as a general rule, jurisdiction over the issues is

conferred by the pleadings of the parties and the
court cannot take cognizance of an issue not raised in
the pleadings of the parties, if the trial a party
without objection is able to raise that issue which is
otherwise not raised in the pleadings, the court can
still rule on that issue.

December 4, 2020 - RECORDED LECTURE principle also means that once jurisdiction has
attached, it cannot be ousted by subsequent
happenings or events, although of a character which
DOCTRINE OF CONTINUITY would have prevented jurisdiction from attaching in
OF JURISDICTION the first instance.
The court, once jurisdiction has been acquired,

retains that jurisdiction until it finally disposes of the
case (Bantua vs. Mercader, 350 SCRA 86; Aruego, Jr.
Adherence of Jurisdiction vs. Court of Appeals, 254 SCRA 711; San Miguel
Corporation vs. Sandiganbayan, 340 SCRA 289;
MARIÑO, JR., ET AL. vs. GAMILLA, ET AL. Bernarte vs. Court of Appeals, 263 SCRA 323; Bokingo
G.R. No. 132400 January 31, 2007. vs. Court of Appeals, 489 SCRA 521; De la Rosa vs.
Roldan, 501 SCRA34).
It is a settled rule that jurisdiction, once acquired,
continues until the case is finally terminated. It As a consequence of this principle, jurisdiction is not
cannot be ousted by subsequent happenings or affected by a new law placing a proceeding under the
events. Although a character which should have jurisdiction of another tribunal except when
prevented jurisdiction from attaching in the first otherwise provided in the statute or if the statute is
instance clearly intended to apply to actions pending even
before its enactment (People vs. Cawaling, 293 SCRA
DISCUSSION: It cannot be ousted by subsequent 267)
happenings or events. Although a character which
should have prevented jurisdiction from attaching in TAKE NOTE OF THIS CASE: ASMALA VS COMELEC
the first instance -
If the court has jurisdiction to act on a motion at the
Ex: In year 2000 you filed a case for a sum of money. time it was filed, that jurisdiction to resolve the
Assuming that at that time, the law enforces that any motion continues until the matter is resolved and is
amount exceeding 100,000 shall be within the not lost by the subsequent filing of a notice of appeal
jurisdiction of the RTC and your claim is 250,000 (Asmala vs. COMELEC,289 SCRA 746).
which falls within the jurisdiction of the RTC.
Subsequently, the jurisdiction of the MTC regarding DISCUSSION: So magpadayon gihapon, as long as the
money claims is increased to 300,000 - nahitabo gyud court has not resolved the motion. It continues to
ni sya under RA 7691 - what happens to your case in have that authority to resolve the motion.
the RTC? Has it lost jurisdiction? Again, we go back to
the doctrine of continuity of jurisdiction. Because In the cases of FLORES VS SUMALJAG and VICTORY VS
jurisdiction properly attached to the RTC when the BELOSILLO: These cases actually involved
complaint was filed, that jurisdiction continues. administrative cases against judges.
The Court, notwithstanding any amendments in the Q: Will the fact that the judge ceased to be in office
law, retains that authority and power to hear and and the case filed against him was in relation to his
decide the case. Unless, the law will say na it should performance in the office make the court lose
be transferred. Again, we go back to the General jurisdiction over the case?
Rule. The Doctrine of Continuity of jurisdiction or
adherence of jurisdiction. The case continues with
the court until final judgment.
Jurisdiction is referred to as "continuing" in view of

the general principle that once a court has acquired
jurisdiction, that jurisdiction continues until the court
has done all that it can do in the exercise of that
jurisdiction (20 Am Jur 2d, Courts § 147). This

Flores vs. Sumaljag
Discussion: When a case is finally decided and
appealed or the judgment becomes final and
Nature: In Flores, there was a case filed against a executory:
judge because he issued warrants of of arrest. The
judge eventually retired while the case against him 1. When final and executory - the court has already
was pending. lost jurisdiction over the case
HELD: The trial court did not lose jurisdiction over But what do we mean by the court has lost
the case involving a public official by the mere fact jurisdiction over the case? It simply means that the
that said official ceased to be in office during the Court has lost the power to alter, amend or modify
pendency of the case (Flores vs. Sumaljag, 290 the decision. The court still retains the power to
SCRA 568). implement or enforce the judgment - basically, the
court still retains jurisdiction even after final
judgment, although again, it cannot modify, amend,
Victory Liner vs. Belosillo or change the decision.
Nature: The judge here failed to act on a motion. 2. When the case was appealed - The Court has
Later on, the judge resigned. already decided on a case, then the case was on
appeal, ex: The case was originally filed in the RTC
HELD: The jurisdiction that the court had at the and decided by the RTC and then the party appealed
time of the filing of the complaint is not lost by the to the CA, what is the effect?
mere fact that the respondent judge ceased to be
in office during the pendency of the case (Victory When you go to Rules 41 and 42 of the Rules of
Liner vs. Belosillo, 425 SCRA 79). Court, the RTC loses jurisdiction over the case
because it is now with the CA. However, under Rules
The court retains its jurisdiction either to 41 and 42, the RTC still retains some power, can still
pronounce the respondent official innocent of the issue orders in relation to the case. But that is only
charges or declare him guilty thereof. A contrary with respect to what we call its residual jurisdiction.
rule would be fraught with injustices and pregnant We will go there later- when the court does not
with harmful and dangerous implications. If totally lose its jurisdiction over the case.
innocent, the respondent official merits vindication
of his name and integrity as he leaves the INSTANCES WHEN A COURT MAY LOSE
government which he has served well and JURISDICTION EVEN IF IT HAS BEEN
faithfully. If guilty, he deserves to receive the ATTACHED TO IT
corresponding censure and penalty proper and
impossible under the situation. These are the exceptions to the general rule on the
doctrine of the continuity of jurisdiction or adherence
of jurisdiction:
If you say jurisdiction is lost just because the public
1. When a subsequent law provides a prohibition for
official ceases to be in office, it would be very easy to
the continued exercise of jurisdiction
evade responsibility over your non-performance or
irregularities in the performance by the simple
expedient of ceasing to be in office either by
resignation, retirement, death, etc.
TAKE NOTE: In Echegaray vs. Secretary of Justice--

Even the finality of the judgment does not totally
deprive the court of jurisdiction over the case. What
the court loses is the power to amend, modify or
alter the judgment. Even after the judgment has
become final, the court retains jurisdiction to enforce
and execute it (Echegaray vs. Secretary of Justice,
301 SCRA 96; Republic vs. Atlas Farms, 345 SCRA
296).

Vda. De Ballesteros vs. Rural Bank Of Canaman Inc.
G.R. No. 176260, November 24, 2010 arbitrariness (citing Ong v. CA, 253 SCRA 105
[1996]). The lawmaking body contemplated that
Nature: Here, there was a complaint for the for convenience, only one court, if possible, should
judicial partition, deed of mortgage and damages, pass upon the claims against the insolvent bank
etc, against RBCI before the RTC of Iriga. During and that the liquidation court should assist the
the pendency of the case, RBCI became insolvent Superintendents of Banks and regulate his
and was closed. Later on, RBCI through PDIC, filed operations.
a motion to dismiss on the ground that the Iriga
RTC had no jurisdiction over the subject matter of
the action. Discussion: Here, there was now a prohibition for the
continued exercise of jurisdiction, the RTC of Iriga
should now yield to the jurisdiction of the liquidation
According to RBCI, pursuant to Section 30 of RA 7653, court.
New Central Bank Act, the Makati City RTC which was
already constituted as the liquidation court will assist 2. Where the law penalizing an act which is
PDIC in undertaking the liquidation of the bank of punishable is repealed by a subsequent law. The
RBCI. So they should fall within the jurisdiction of the reason is that, the State loses the power to
Liquidation Court. prosecute when the law is repealed, hence,the court
has no more power to decide [People vs. Pastor, 77
The plaintiff cited the doctrine of the adherence of Phil. 1000].
jurisdiction or continuity of jurisdiction. At the time
when the case was filed, the RTC of Iriga had FACTS: Here, there was a prosecution under the
jurisdiction over the case and pursuant to the Commonwealth Act No. 503, they are allegedly liable
doctrine of adherence of jurisdiction, the RTC Iriga for the payment of the privilege tax. So it’s a tax
should continue to exercise powers and authority evasion case. Subsequently, under the National
Revenue Code, only the manufacturer, producer, or
During the pre-trial conference, the counsel for RBCI importer is liable for the payment of the privilege tax.
informed the court that PDIC would now handle the The accused here were merchants.
case because of closure and receivership of the bank.
If you notice under the NIRC, merchants are no
HELD: This Court is not unmindful nor unaware of longer mentioned - what is the effect of that
the doctrine on the adherence of jurisdiction. enactment? - Because the NIRC was intended to
However, the rule on adherence of jurisdiction is repeal CA No. 503.
not absolute and has exceptions. One of the
exceptions is that when the change in jurisdiction HELD: In accordance with this doctrine, where the
is curative in character. repealing law wholly fails to penalize the acts which
constituted the offense defined and penalized in the
For sure, Section 30, R.A. 7653 is curative in repealed law, the repeal carries with it the
character when it declared that the liquidation deprivation of the courts of jurisdiction to try,
court shall have jurisdiction in the same convict, and sentence persons charged with
proceedings to assist in the adjudication of the violations of the old law prior to the repeal.
disputed claims against the Bank. The
interpretation of this Section (formerly Section 29, This is our case, since, as already seen, the National
R.A. 265) becomes more obvious in the light of its Internal Revenue Code, and for that matter even
intent. Commonwealth Act No. 503, wholly fails to penalize
the acts imputed upon the herein defendants.
The requirement that all claims against the bank
be pursued in the liquidation proceedings filed by Additional discussion: If you remember Criminal Law,
the Central Bank is intended to prevent multiplicity an act can only be considered as a crime when it is
of actions against the insolvent bank and designed defined and penalized under the RPC. So, even if the
to establish due process and orderliness in the act is reprehensible, but it is not among those
liquidation of the bank, to obviate the proliferation defined by the RPC or by special laws, you cannot be
of litigations and to avoid injustice and punished for such act. Also, you have learned that

penal laws shall be construed strictly against the
jurisdiction of a court in a guardianship proceeding
State and liberally in favor of the accused.
and all incidents thereof exists as long as the case
is pending in that court. But when the case is
If an act is decriminalized, even if there is a pending
terminated, by dismissal or otherwise, the court
case for that particular act, but because the State has
ceases to exercise the power and authority to try
already withdrawn the punishment for such an act ,
said case or any incidental matters thereof.
then, that act no longer becomes criminal. There is
no longer use to prosecute the criminal when the act
has ceased to be an offense / criminal. DISCUSSION: Here, there was a guardianship
proceeding but it was already terminated.
There is also a retroactive effect. Ex: If the legislature Subsequently, there was a petition for accounting
passes a law which is in favor of the accused, it also filed in the Court where the Guardianship proceeding
affects those which are committed even before the was pending.
passage of the law.
But, the SC said because the guardianship proceeding
Here, the court loses jurisdiction. This is an exception was already terminated, that petition for accounting
to the general rule of continuity of jurisdiction. can no longer be filed in the same case, but must be
Because the law has already withheld from the State filed as a separate case in the same court or any
the power to prosecute the defendants, the law has court of competent jurisdiction.
already been repealed, therefore, the Court is
deprived of jurisdiction to continue trying that case. "After final judgment or decree has been rendered
and the parties dismissed, in general, the jurisdiction
3. When accused is deprived of his constitutional of the court is exhausted . . ." (21 C.J.S. 147.)
right such as where the court fails to provide
counsel for the accused who is unable to obtain one After termination, by dismissal or otherwise, of
and does not intelligently waive his constitutional litigation in one court . . . any exclusive jurisdiction or
right [Chavez vs. CA, 24 SCRA 663]. freedom from interference it may have possessed is
at an end; and another court may deal with the
Discussion: You learned this before in Constitutional property or subject matter which, by the former suit,
Law - the accused is entitled to be heard by himself was not withdrawn forever from subsequent
or counsel. So, in the case, if the accused cannot litigation." (Id., p. 816.)
afford the services of counsel, the court should
provide counsel for the accused. If for example the A petition for accounting, etc., which is an incident of
proceedings in the court will continue despite the a guardianship proceeding, should be filed in the
fact that the accused is not assisted by counsel, or court where the guardianship proceedings are
without a competent counsel, the court loses pending. But once the guardianship proceeding is
jurisdiction so the proceedings can be assailed on the terminated, said petition can no longer be filed in the
said ground. Read the case of Chavez vs CA. same case, but must be filed as a separate case, in
the same court, or in any other court of competent
4. When the proceedings in the court acquiring jurisdiction.
jurisdiction is terminated, abandoned or declared
void [Seven vs. Pichay, 108 Phil. 419]. GENERAL RULE: "The general rule that the authority
of the court first acquiring jurisdiction must prevail is
One question of law was raised in this appeal, thus: subject to the exception that where the proceeding
Had the court below jurisdiction over the subject in the court first acquiring jurisdiction is terminated,
matter of the action? abandoned, or void, then another court of
concurrent jurisdiction may take jurisdiction of the
Defendant-appellant claims that the Court of First same subject matter." (14 Am. Jur. 445.)
Instance of Quezon City, which appointed defendant
as guardian, still retains exclusive jurisdiction over Ex: There are several courts or concurrent courts
the guardianship proceedings and no other court can which have jurisdiction over a specific matter, so you
validly interfere with its continuing jurisdiction. can file this with any of them. But once you file the
case with one of them, the jurisdiction is already
concentrated in that court which first acquired
HELD: This argument cannot be sustained. The

jurisdiction. It must exercise jurisdiction to the
ISSUE: Should we transfer the case to the RTC? Is
exclusion of all other courts. That is the general rule.
the Regional Office of the Ministry of Labor now
deprived of its jurisdiction to decide on the motion
EXCEPTION: The exception is, if the proceedings in
for reconsideration because of the enactment of
that court first acquiring jurisdiction have already
PD 1367?
been terminated, or abandoned or void, then
another court of concurrent jurisdiction may take
HELD: The rule is that where a court has already
jurisdiction over the same subject matter.
obtained and is exercising jurisdiction over a
controversy, its jurisdiction to proceed to the final
It does not mean that once you acquire jurisdiction,
determination of the cause is not affected by new
forever na gyud kang naay jurisdiction. That will only
legislation placing jurisdiction over such
be true if wala pa nahuman ang proceedings in your
proceedings in another tribunal. The exception to
court, once naa nay decision or closed na, wala na.
the rule is where the statute expressly provides, or
The petition must be filed in another court. You
is construed to the effect that it is intended to
cannot reopen that proceedings in the court already
operate as to actions pending before its
terminated.
enactment. Where a statute changing the
jurisdiction of a court has no retroactive effect, it
"An action for accounting may be brought in a court
cannot be applied to a case that was pending prior
of law whenever the guardianship for any reason
to the enactment of the statute.
terminates without any prior settlement in the
court." (39 C.J.S. 253.)
We find the principles applicable to the case at
bar. To require petitioner to file a separate suit for
5. When the statute expressly provides, or is
damages in the regular courts would be to
construed to the effect that it intended to operate
"sanction split jurisdiction, which is prejudicial to
as to actions pending before its enactment
the orderly administration of justice.
[Bengzon vs. Inciong, 91 SCRA 284].
FACTS: This is a labor case. In the case at bar, TAKE NOTE: There is an exception to that. The
petitioner's complaint for actual and moral damages exception is where the statute expressly provides or
as a result of the arbitrary dismissal, of employee was is construed to the effect that it is intended to
filed directly with the Regional Office of the Ministry operate as to actions pending before its enactment.
of Labor where the case was heard and decided.
But, where statute changing the jurisdiction of the
Here, because the jurisdiction to hear and decide court has no retroactive effect, it cannot be applied
claims for damages - moral and other damages to a case that was pending prior to the enactment of
arising from ER -EE relationship was within the the statute.
jurisdiction of the Regional Office of the Ministry of
Labor, so the case was filed there. 6. Once appeal has been perfected [Alma vs. Abbas,
18 SCRA 836].
The case was finally decided and there was a motion
for reconsideration. Pending the motion for Discussion: Once appeal is filed in court and that
reconsideration, PD 1367 was enacted. PD 1367, said court under the law and based on the complaint of
na jurisdiction over these cases- moral damages, etc the plaintiff has jurisdiction, the court continues to
arising from ER-EE relationship, are now within the exercise its jurisdiction over the case until it is
jurisdiction of the regular courts. (NOTE: At present decided.
ang jurisdicition over that is with the labor arbiters of
the NLRC.) Once there is already an appeal, the effect of the
appeal is that the court loses jurisdiction over the
Although this decision was later reconsidered, the case.
reconsideration was based on the fact that the case
could not be refiled with the Labor Court, since the We can no longer invoke the doctrine of continuity of
latter had already been deprived of any jurisdiction jurisdiction because the court has already decided
to hear claims for moral damages by Presidential the case, although it is not yet final because it is an
Decree No. 1367.

appeal, but the principle of that appeal is that the the regional directors as well as by the Labor
court loses jurisdiction. Arbiters, so dili na daw sa ilahang jurisdiction. Didto
na daw sila I-file sa regular courts. Then, kini nga case
Exception - Unless, we are talking of the principle of didto man gyud sya nakafiile sa regular court. Should
residual jurisdiction, which I mentioned before in the court dismiss the case because at the time the
Rules 41 and 42 of the Rules of Court. case was filed before it, the court had no jurisdiction?
Ex: Even if the RTC has already decided the case and
HELD: The lack of jurisdiction was cured by the
then the aggrieved party has perfected an appeal to
issuance of the amendatory decree which is in the
the CA, technically, the RTC has lost jurisdiction over
nature of a curative statute with retrospective
the case. However, prior to the transmittal of the
application to a pending proceeding, like Civil Case
original record or the record on appeal, the RTC may
No. 9657 (See 82 C.J.S. 1004).
still issue orders for the protection and preservation
on the rights of the parties which do not involve any
matter litigated by the appeal, approved Discussion: So, ipadayon lang nimo ang trial, the
compromises, remit appeals of indigent litigants, court continues to have jurisdiction even if in the
order execution pending an appeal, and allow beginning it had none.
withdrawal of the appeal.
DOCTRINE OF JUDICIAL STABILITY
This is what we call the exercise of the court’s
residual jurisdiction. Katong mga nabilin na lang, In the hierarchy of courts, we have courts of equal
remnants of the jurisdiction after it has lost jurisdiction.
jurisdiction because of the perfection of an appeal.
Example: There are several municipal trial courts in
7. When the law is curative one city. These are co-equal courts (all MTCCs, all
RTCs)
Garcia vs. Martinez
90 SCRA 331 Under the doctrine of judicial stability, for example -
if you are both RTCs of different branches - being co-
FACTS: A complaint for moral damages was filed equal with the other RTC, you cannot interfere with
allegedly arising from the employee’s dismissal as the judgments or processes of the other court. Like
manager of a radio station. RTC branch 8 cannot annul, alter, modify, interfere
with RTC branch 16.
At the time of filing: court was not clothed with
such jurisdiction (moral or other form of damages). NOTE: Should one branch be permitted to equally
Subsequently, a law was enacted, PD 1367 which assert, assume, or retain jurisdiction over a case in
granted the court jurisdiction. controversy over which another coordinate or co-
equal branch has already assumed jurisdiction, then
At the time this case was decided the lower court that would be sanctioning undue interference by one
had jurisdiction over Velasco's complaint. branch over another. With that, judicial stability
would be meaningless precept in a well-ordered
administration of justice [Parcon vs. CA, 111 SCRA
It was ruled that the complaint should have been 262].
filed with the NLRC because the jurisdiction of the
labor arbiters under Art. 217 of the Labor Code CASE: BARROSO vs. HON. JUDGE OMELIO
includes claims for damages resulting from the G.R. No. 194767, October 14, 2015
unjustified dismissal from an employee.
FACTS: This is a Davao case. RTC Branch 14 is
The employee filed a motion for reconsideration of presided by Judge Omelio and RTC branch 16 is
that decision. Pending the second motion for presided by Judge Balindong.
reconsideration, there was PD 1367 which took effect
May 1, 1978. In 2007, there was a case filed with the RTC Branch
16 for sum of money against Dennis Lee. The
Unsay nakabutang didto? Na cases involving moral or complaint included a prayer for the issuance of a writ
other forms of damages will not be entertained by of preliminary attachment. Dennis Lee filed his

answer. RTC Branch 16 granted the application for In Cabili, the RTC of Iligan City issued a writ of
writ of attachment and approved the corresponding execution, but the judgment debtor, instead of
bond- so when you say writ of attachment, meaning, complying with said writ, filed a separate petition for
properties of Dennis Lee will be placed under custody prohibition and mandamus with application for
of courts, will be attached so that in case the plaintiff issuance of temporary restraining order (TRO) and/or
wins in the case, those properties will be held to preliminary injunction with the RTC of Marawi City.
answer for the liability. After the hearing, the Presiding Judge of the RTC of
Marawi City issued the TRO restraining the sheriff
But here, Dennis Lee filed a counter attachment bond from enforcing the writ of execution issued by the
- para madissolve ang attachment. It was issued by RTC of Iligan City.
Traveller’s Insurance and Surety Corp. During the
case, there was a compromise agreement entered In the aforementioned case, the Court struck down
into between the plaintiff and Dennis Lee. such action of the RTC of Marawi City, ruling thus:
In a compromise agreement, both parties enter into The doctrine of judicial stability or non-interference
reciprocal concessions and they both agreed to in the regular orders or judgments of a co-equal
terminate or end the pending case. However, it is the court is an elementary principle in the
essence of a compromise agreement that if the party administration of justice: no court can interfere by
who is bound to comply fails to do so, the aggrieved injunction with the judgments or orders of another
party can move for execution, without any other court of concurrent jurisdiction having the power to
hearing. grant the relief sought by the injunction.
Here, in the compromise agreement, Dennis Lee The rationale for the rule is founded on the concept
promised to pay a sum of money. The court of jurisdiction: a court that acquires jurisdiction over
approved the compromise agreement. Once the case and renders judgment therein has
approved by courts, that compromise agreement jurisdiction over its judgment, to the exclusion of all
becomes the judgment of the court. other coordinate courts, for its execution and over all
its incidents, and to control, in furtherance of justice,
Dennis Lee failed to pay so the plaintiff filed a motion the conduct of ministerial officers acting in
for execution. RTC Branch 16 issued a writ of connection with this judgment.
execution solely against Dennis Lee. When it was
returned unsatisfied, meaning wala nibayad si Dennis Q: What if erroneous an issuance by the court of the
Lee, the plaintiff filed a motion for execution of writ of execution? What if erroneous diay tong
judgment upon the counterbond. This is against the issuance sa RTC Branch 16 of the writ of execution?
counterbond filed by Travellers Insurance Surety What is the remedy of the aggrieved party?
Corp.
A: First, you can file a motion for reconsideration
Subsequently, Travellers filed a separate case which before the same court a court which issued a writ of
was raffled to RTC Branch 14 for declaration of execution has the inherent power for the
nullity, prohibition, injunction, with prayer for writ of advancement of justice to correct errors of its
preliminary injunction and TRO and damages. The ministerial officers and to control its own processes.
RTC Branch 14 issued an injunction against the writ of
execution issued by RTC Branch 16. SC: Thus, we have repeatedly held that a case where
an execution order has been issued is considered as
According to Judge Omelio, wala daw sya nag-TRO or still pending, so that all the proceedings on the
nag enjoin against RTC Branch 16, ang iyang gi-enjoin execution are still proceedings in the suit. A court
lang kay ang sheriff of RTC Branch 16. which issued a writ of execution has the inherent
power, for the advancement of justice, to correct
ISSUE: Is the issuance of the RTC Branch 14 of an errors of its ministerial officers and to control its own
injunction against the writ of execution issued by RTC processes. To hold otherwise would be to divide the
Branch 16 considering that both are co-equal courts? jurisdiction of the appropriate forum in the
resolution of incidents arising in execution
HELD: The SC made reference to the case of Atty. proceedings-splitting of jurisdiction is obnoxious to
Cabili v. Judge Balindong. the orderly administration of justice.

Katong case na gi-file pending sa RTC Branch 16, ang stage dili na sya pwede I-appeal. Pag naa nay writ of
jurisdiction ato pertains to the entire RTC giraffle lang execution, meaning final and executory na ang
sya sa RTC Branch 16. Under the doctrine that when decision, it is no longer subject for an appeal. The
a court exercises jurisdiction over the case and it is other available remedy is a petition for certiorari. We
the first which exercised that jurisdiction, it exercises will discuss that later.
the said jurisdiction to the exclusion of all other
concurrent courts. Kung kato na case raffled sa Q: How about the contention of Judge Omelio that
Branch 16- Branch 16 should exercise jurisdiction the TRO was not against Branch 16 but against the
over that case until its final judgment and all sheriff?
incidents in relation to that case should still be
resolved by RTC Branch 16. In the execution stage, SC: It is not a viable legal position to claim that a TRO
which is again, part of the execution of the against a writ of execution is issued against an erring
jurisdiction of RTC Branch 16 - tanang questions in sheriff, not against the issuing Judge. A TRO enjoining
relation to that should be within the jurisdiction of the enforceability of a writ addresses the writ itself,
RTC Branch 16. not merely the executing sheriff x x x
Kung ginaquestion nimo ang alias writ of execution As already mentioned above, the appropriate action
because it included the counterbond against is to assail the implementation of the writ before the
travelers, then didto ka mag-file og motion for issuing court in whose behalf the sheriff acts, and,
reconsideration with RTC Branch 16. Dili ka magfile upon failure, to seek redress through a higher judicial
og another case which is raffled before RTC Branch body, xxx.
14. Again, the latter is not a superior court over the
other. They are just co-equal courts. Applying the foregoing ruling, it is quite clear that, in
this case, the issuance of the subject writ of
Kung naay mali, si Branch 16 mismo dapat ang mag preliminary injunction was improper and, thus,
correct dili another court of the same level. correctible by certiorari. Herein respondent judge
does not have jurisdiction to hinder the enforcement
Q: What if, despite the motion of reconsideration of an order of a co-equal court. He must be aware
the RTC Branch 16 will not modify, will not reverse that said co-equal court had the exclusive jurisdiction
or reconsider its ruling? What is the remedy for the or authority to correct its own issuances if ever there
aggrieved party? was, indeed, a mistake. There is no question,
therefore, that subject writ of preliminary injunction
A: You can appeal to a higher court, you can resort to is null and void .
another remedy. But not within the same-level court.
You file the appropriate relief before the CA.
HIERARCHY OF COURTS
SC: To be sure, the law and the rules are not unaware
that an issuing court may violate the law in issuing a
A. Regular Courts
writ of execution and have recognized that there
should be a remedy against this violation. The
SUPREME COURT
remedy, however, is not the resort to another co-
equal body but to a higher court with authority to ↓
nullify the action of the issuing court. This is precisely Court of Appeals
the judicial power that the 1987 Constitution, under
↓
Article VIII, Section 1, paragraph 2, speaks of and
which this Court has operationalized through a Regional Trial Court
petition for certiorari, under Rule 65 of the Rules of ↓
Court.
-----------------------------------------------------------
Discussion: So you can question that determination MTC MTCC MetTC MCTC
by RTC Branch 16 by way of a petition for certiorari
under Rule 65 of the Rules of Court. Nganong When you say hierarchy mao ni ang level from lowest
Certiorari man nganong dili appeal? As we will to highest.
discuss under Rule 39, proceedings during execution

In the PH, the highest court is the SC, it's a appeal. The RTC, CA, and SC have original jurisdiction
constitutional creation, all others are created by for a petition for certiorari, kini sila naay concurrent
statute. original jurisdiction over an original action for
certiorari.
Ang generic sa MTC MTCC MetTC MCTC is -
MUNICIPAL TRIAL COURT. Q: Asa nato i-file?
B. Special Courts A: theoretically, when we say they have concurrent

original jurisdiction pwede ra gyud ta unta mo-file sa
1. Court of Tax Appeals SC diretso or CA. Pero, because of the principle of
judicial hierarchy of courts, didto nato siya I-file sa
2. Sandiganbayan next na level court. Ex if nasa MTC ang action subject
of certiorari, didto sa RTC I-file.
3. Sharia District Courts /Sharia Circuit Courts
Dili nato ibother si SC sa mga questions nga dili kaayo
These courts are limited only to the specific matters of transcendental and paramount importance kay
lodged upon them by law. precious ang time sa SC.
As a designation, naa pud RTCs designated to also Then again, this is NOT ABSOLUTE as there are
hear specific cases like the RTC acting as a family exceptions.
court the RTC as a drugs court, etc.
EXCEPTION TO THE GENERAL RULE
[Designations - Family Courts, Drugs, Heinous ON HIERARCHY OF COURTS
Crimes, Intellectual Property, Corporate Cases,
Forestry, Just Compensation] BARROSO vs. HON. JUDGE OMELIO
G.R. No. 194767, October 14, 2015
THE PRINCIPLE OF JUDICIAL This deals with the Petition for Certiorari under Rule
HIERARCHY OF COURTS 65 of the Rules of Court praying that the Order
datedJuly 29, 2009, and the Order dated September
This is an ordained sequence of recourse to courts 15,2010, both of the Regional Trial Court of Davao
vested with concurrent jurisdiction, beginning from City,Branch 14 (RTC-Br. 14), be reversed and set
the lowest, on to the next highest, and ultimately to aside.
the highest. This hierarchy is determinative of the
venue of appeals, and is likewise determinative of Hence, the instant petition was filed with this
the proper forum for petitions for extraordinary Court (directly), alleging that respondent judge
writs. This is an established policy necessary to avoid committed grave abuse of discretion amounting
inordinate demands upon the Court‘s time and to lack or in excess of jurisdiction and gross ignorance
attention which are better devoted to those matters of the law by (1) acting on respondent Travellers'
within its exclusive jurisdiction, and to preclude the petition despite the lack of jurisdiction of RTC-Br. 14;
further clogging of the Court‘s docket (Sec. 9[1], BP (2) issuing the writ of preliminary injunction without
129; Sec. 5[1], Art. VIII, Constitution of the requiring Travellers to put up an injunction bond; and
Philippines). (3) assuming jurisdiction over the action for
prohibition and injunction against the executive
This is relevant: sheriff of a coequal court.
1. In determining where to appeal Here, nagfile si plaintiff og peition for certiorari under
2. In the matter of extraordinary writs Rule 65 directly sa SC. Diba dapat sa CA under the
hierarchy of courts.
ex. Certiorari, prohibition, mandamus - these are
extraordinary writs - kani sila nga cases, these are ISSUE: Is it correct?
cases within the concurrent jurisdiction of several
courts. Ex: Under Rule 65 certiorari, prohibtiion, RULING: In its ruling the SC explained what is the rule
mandamus original actions ni sila, gi-institute nimo ni of the hierarchy of courts.
sila for the first time in the court, this is not an

It must first be emphasized that trifling with the rule decisions could still be appealed before the higher
on hierarchy of courts is looked upon with disfavor by courts, such as the Court of Appeals.
the Court. Said rule is an important component of the
orderly administration of justice and not imposed The Court of Appeals is primarily designed as an
merely for whimsical and arbitrary reasons. This appellate court that reviews the determination of
doctrine was exhaustively explained in The Diocese facts and law made by the trial courts. It is collegiate
of Bacolod, represented by the Most Rev. Bishop in nature. This nature ensures more standpoints in
Vicente M. Navarra and the Bishop Himself in His the review of the actions of the trial court. But the
Personal Capacity v. Commission on Elections and the Court of Appeals also has original jurisdiction over
Election Officer of Bacolod City, Atty. Mavil V. most special civil actions. Unlike the trial courts, its
Majarucon in this wise: writs can have a nationwide scope. It is competent to
determine facts and, ideally, should act on
x x x we explained the necessity of the application of constitutional issues that may not necessarily be
the hierarchy of courts: novel unless there are factual questions to
determine.
The Court must enjoin the observance of the policy
on the hierarchy of courts, and now affirms that the This court (the SC), on the other hand, leads the
policy is not to be ignored without serious judiciary by breaking new ground or further
consequences. The strictness of the policy is designed reiterating - in the light of new circumstances or in
to shield the Court from having to deal with causes the light of some confusion of bench or bar - existing
that are also well within the competence of the lower precedents. Rather than a court of first instance or as
courts, and thus leave time for the Court to deal with a repetition of the actions of the Court of Appeals,
the more fundamental and more essential tasks that this court promulgates these doctrinal devices in
the Constitution has assigned to it. The Court may act order that it truly performs that role.
on petitions for the extraordinary writs of certiorari,
prohibition and mandamus only when absolutely NOTE: They do not dwell on merely questions of
necessary or when serious and important reasons facts. Questions of facts are determined by the RTC
exist to justify an exception to the policy. because again the RTC has territorial jurisdiction over
the place where the elements of the cause of action
The doctrine that requires respect for the hierarchy occurred. The witnesses are physically presented to
of courts was created by this court to ensure that you, the pieces of evidence are brought to you for
every level of the judiciary performs its designated physical examination. Mao na siya ang sa RTC..
roles in an effective and efficient manner.
Whereas in the Court of Appeals, they also
Trial courts do not only determine the facts from the determine question of facts, they review the
evaluation of the evidence presented before them. proceedings of the RTC and lower courts. But in the
They are likewise competent to determine issues of Supreme Court, it is doctrinal devices. They make
law which may include the validity of an ordinance, new pronouncements, they determine issues which
statute, or even an executive issuance in relation to are novel, important, transcendentally important, of
the Constitution. To effectively perform these paramount importance, and etc.
functions, they are territorially organized into regions
and then into branches. Their writs generally reach That's why the Supreme Court will not directly review
within those territorial boundaries. the orders or actions of lower courts, such as the
MTC or RTC. If it is MTC, you have to go through the
Necessarily, they mostly perform the all-important RTC for review. If the case is from RTC, your actions
task of inferring the facts from the evidence as these are under the supervision of the Court of Appeals.
are physically presented before them. In many
instances, the facts occur within their territorial However, in the same case, it was acknowledged that
jurisdiction, which properly present the "actual case" for exceptionally compelling reasons, the Supreme
that makes ripe a determination of the Court may exercise its discretion to act on special civil
constitutionality of such action. The consequences, of actions for certiorari filed directly with it.
course, would be national in scope. There are,
however, some cases where resort to courts at their Examples of cases that present compelling reasons
level would not be practical considering their

(1) those involving genuine issues of a co-equal court. He must be aware that said co-
constitutionality that must be addressed at equal court had the exclusive jurisdiction or authority
the most immediate time; to correct its own issuances if ever there was, indeed,
(2) those where the issues are of a mistake. There is no question, therefore, that
transcendental importance, and the threat subject writ of preliminary injunction is null and void.
to fundamental constitutional rights are so
great as to outweigh the necessity for Further, had Judge Omelio not been dismissed from
prudence; the service in 2013 for gross ignorance of the law and
(3) cases of first impression, where no violation of judicial conduct, he could have been
jurisprudence yet exists that will guide the subjected to an investigation again for gross
lower courts on such issues; ignorance due to his unprecedented acts in the case
(4) where the constitutional issues raised are at bar.
better decided after a thorough deliberation
by a collegiate body and with the GIOS-SAMAR, INC. vs. DOTC
concurrence of the majority of those who (Doctrine of Hierarchy of Courts)
participated in its discussion;
(5) where time is of the essence; On December 15, 2014, the Department of
(6) where the act being questioned was that of Transportation and Communication (DOTC) and its
a constitutional body; attached agency, the Civil Aviation Authority of the
(7) where there is no other plain, speedy, and Philippines (CAAP), posted an Invitation to Pre-qualify
adequate remedy in the ordinary course of and Bid (Invitation) on the airport development,
law that could free petitioner from the operations, and maintenance of the Bacolod-Silay,
injurious effects of respondents' acts in Davao, Iloilo, Laguindingan, New Bohol (Panglao),
violation of their constitutional rights; and and Puerto Princesa Airports (collectively, Projects).
(8) the issues involve public welfare, the The total cost of the Projects is P116.23 Billion.
advancement of public policy, the broader
interest of justice, or where the orders The Invitation stated that the Projects aim to improve
complained of are patent nullities, or where services and enhance the airside and landside
appeal can be considered as clearly an facilities of the key regional airports through
inappropriate remedy. concession agreements with the private sector. The
Projects will be awarded through competitive
The Supreme Court said that the issues in this case bidding, following the procurement rules and
could have been competently resolved by the CA, procedure prescribed under Republic Act (RA) No.
thus, the Court was initially inclined to reject taking 6957, as amended by RA No. 7718 (BOT Law), and its
cognizance of this case. However, we cannot close Implementing Rules and Regulations. The concession
our eyes to the unbecoming conduct exhibited by period would be for 30 years.
respondent judge in obstinately issuing an injunction
against the orders of a co-equal court despite this On March 10, 2015, the DOTC and the CAAP issued
Court's consistent reiteration of the time-honored the Instructions to Prospective Bidders (ITPB), which
principle that "no court has the power to interfere by provided that prospective bidders are to pre-qualify
injunction with the judgments or decrees of a court and bid for the development, operations, and
of concurrent or coordinate jurisdiction. The various maintenance of the airports, which are now bundled
trial courts of a province or city, having the same or into two groups (collectively, the Bundled Projects).
equal authority, should not, cannot, and are not
permitted to interfere with their respective cases, On March 27, 2015, petitioner GIOS-SAMAR, Inc.,
much less with their orders or judgments." The issue represented by its Chairperson Gerardo M. Malinao
raised in this case, therefore, falls under one of the (petitioner), suing as a taxpayer and invoking the
exceptions to the rule on hierarchy of courts, i.e., transcendental importance of the issue, filed the
where the order complained of is a patent nullity. present petition for prohibition.
The issuance of the subject writ of preliminary > This is under Rule 65 of the Rules of Court. This is an
injunction was improper and, thus, correctible by extraordinary remedy, such as certiorari and
certiorari. Herein respondent judge does not have mandamus.
jurisdiction to hinder the enforcement of an order of

It assails the constitutionality of the bundling of the by the Constitution. It is a bright-line rule which
Projects and seeks to enjoin the DOTC and the CAAP cannot be brushed aside by an invocation of the
from proceeding with the bidding of the same. transcendental importance or constitutional
dimension of the issue or cause raised.
The main issue brought to the Supreme Court for
resolution is whether the bundling of the Projects is TAKE NOTE that the extraordinary remedies of
constitutional. Petitioner argues that the bundling of certiorari, prohibition, and mandamus, are within the
the Projects is unconstitutional because it will: (i) original and concurrent jurisdiction of the RTC, CA,
create a monopoly; (ii) allow the creation and and the SC. But under the doctrine of hierarchy of
operation of a combination in restraint of trade; (iii) courts, we cannot file the petition directly with the
violate anti-dummy laws and statutes giving citizens Supreme Court. There are limitations that we need to
the opportunity to invest in public utilities; and (iv) observe.
enable companies with shaky financial backgrounds
to participate in the Projects. For a better understanding of our ruling today, we
review below, in light of the Supreme Court's
> Take note here that the petition for prohibition was fundamental constitutional tasks, the constitutional
filed directly with the Supreme Court. For the purpose and statutory evolution of the Supreme Court's
of our discussion, we will just focus on the issue, is it original and concurrent jurisdiction, and its interplay
valid for the petitioner to directly file the petition with related doctrines, pronouncements, and even
for prohibition before the Supreme Court on the the Court's own rules, as follows:
ground of the constitutionality of the bundling of
the projects? (a) The Court's original and concurrent
jurisdiction;
While petitioner asserts that the foregoing
arguments involve legal (as opposed to factual) (b) Direct recourse to the Court under the
issues, our examination of the petition shows Angara model;
otherwise. As will be demonstrated shortly,
(c) The transcendental importance doctrine;
petitioner's arguments against the constitutionality
of the bundling of the Projects are inextricably (d) The Court is not a trier of facts;
intertwined with underlying questions of fact, the
determination of which require the reception of (e) The doctrine of hierarchy of courts;
evidence. The Supreme Court Court, however, is not
a trier of fact. The Supreme Court cannot resolve (f) The Court's expanded jurisdiction, social
these factual issues at the first instance. For this rights, and the Court's constitutional rule-
reason, the petition is DISMISSED. making power under the 1987 Constitution;
While this Court has original and concurrent (g) Exceptions to the doctrine of hierarchy of
jurisdiction with the RTC and the CA in the issuance courts: The case of The Diocese of Bacolod
of writs of certiorari, prohibition, mandamus, quo v. Commission on Elections;
warranto, and habeas corpus (extraordinary writs),
(h) Hierarchy of courts as a constitutional
direct recourse to this Court is proper only to seek
imperative; and
resolution of questions of law. Save for the single
specific instance provided by the Constitution under (i) Hierarchy of courts as a filtering mechanism.
Section 18, Article VII, cases the resolution of which
depends on the determination of questions of fact
cannot be brought directly before the Court because The Supreme Court's original and concurrent jurisdiction
we are not a trier of facts. We are not equipped,
either by structure or rule, to receive and evaluate
The Supreme Court's original jurisdiction over
evidence in the first instance; these are the primary
petitions for extraordinary writs predates the 1935
functions of the lower courts or regulatory agencies.
Constitution.
This is the raison d'etre behind the doctrine of
hierarchy of courts. It operates as a constitutional
Where the 1935 Constitution only referred to the
filtering mechanism designed to enable this Court to
original jurisdiction which the Supreme Court
focus on the more fundamental tasks assigned to it
possessed at the time of its adoption, the 1973

Constitution expressly provided for the Supreme
Court's original jurisdiction over petitions for the The Angara model of direct recourse would be
issuance of extraordinary writs. followed and allowed by the Court in Bengzon Jr. v.
Senate Blue Ribbon Committee, Francisco, Jr. v.
In 1981, this Court's original jurisdiction over Nagmamalasakit na mga Manananggol ng mga
extraordinary writs became concurrent with the CA, Manggagawang Pilipino, Inc. Province of North
pursuant to Batas Pambansa Bilang 129 (BP 129) or Cotabato v. Government of the Republic of the
The Judiciary Reorganization Act of 1980. BP 129 Philippines Peace Panel on Ancestral Domain (GRP),
repealed RA No. 296 and granted the CA with Macalintal v. Presidential Electoral Tribunal, Belgica
"original jurisdiction to issue writs of mandamus, v. Ochoa, Imbong v. Ochoa, Jr., Araullo v. Aquino III,
prohibition, certiorari, habeas corpus, and quo Saguisag v. Ochoa, Jr., Padilla v. Congress of the
warranto, and auxiliary writs or processes, whether Philippines, to name a few. To stress, the common
or not in aid of its appellate jurisdiction." denominator of all these cases is that the threshold
questions presented before us are ones of law.
In addition, Section 21(2) of BP 129 bestowed the
RTCs (formerly the CFIs) with original (and The transcendental importance doctrine
consequently, concurrent with the Supreme Court)
jurisdiction over actions affecting ambassadors and In 1949, the Court introduced a legal concept that
other public ministers and consuls. will later underpin most of the cases filed directly
before us - the doctrine of transcendental
Seven years after the enactment of BP 129, the importance. Although this doctrine was originally
Philippines ratified the 1987 Constitution; Article VII, used to relax the rules on locus standi or legal
Section 5(1) of which provides the original standing, its application would later be loosely
jurisdiction of the Supreme Court, which is an exact extended as an independent justification for direct
reproduction of Section 5(1), Article X of the 1973 recourse to this Court.
Constitution.
We first used the term "transcendental importance"
Direct recourse to the Court under the Angara model in Araneta v. Dinglasan. Araneta involved five
consolidated petitions before the Court assailing the
Direct invocation of the Court's original jurisdiction validity of the President's orders issued pursuant to
over the issuance of extraordinary writs started in Commonwealth Act No. 671. The main issues for
1936 with Angara v. Electoral Commission. Angara is resolution in Araneta were: (1) whether
the first case directly filed before the Court after the Commonwealth Act No. 671 was still in force; and
1935 Constitution took effect on November 15, 1935. relatedly, (2) whether the executive orders issued
It is the quintessential example of a valid direct pursuant thereto were valid. Specifically, the Court
recourse to this Court on constitutional questions. had to resolve the issue of whether Commonwealth
Act No. 671 (and the President's Emergency Powers)
Angara was an original petition for prohibition continued to be effective after the opening of the
seeking to restrain the Electoral Commission from regular session of Congress.
taking further cognizance of an election contest led
against an elected (and confirmed) member of the In overruling the objection to the personality or
National Assembly. The main issue before the Court sufficiency of the interest of petitioners in bringing
involved the question of whether the Supreme Court the actions as taxpayers, this Court declared that the
had jurisdiction over the Electoral Commission and transcendental importance to the public of these
the subject matter of the controversy. cases demands that they be settled promptly and
definitely, brushing aside, if we must, technicalities of
In Angara, there was no dispute as to the facts. procedure." Thus, and similar with Angara, direct
Petitioner was allowed to file the petition for recourse to the Court in Araneta is justified because
prohibition directly before us because what was the issue to be resolved there was one of law; there
considered was the nature of the issue involved in was no dispute as to any underlying fact.
the case: a legal controversy between two agencies
of the government that called for the exercise of the > In that case of Araneta, the transcendental doctrine
power of judicial review by the final arbiter of the was used to set aside questions pertaining to locus
Constitution, the Supreme Court. standi or legal standing.

in aid of the appellate jurisdiction of the Supreme
It was in Chavez v. Public Estates Authority when, for Court; and, secondly, because it preempts the
the first time, it appeared that the transcendental primary function of the lower court, namely, to try
importance doctrine could, apart from its original the case on the merits, receive all the evidence to
purpose to overcome objections to standing, stand as be presented by the parties, and only then come to
a justification for disregarding the proscription a definite decision, including either the maintenance
against direct recourse to the Court. Chavez is an or the discharge of the preliminary injunction it has
original action for mandamus filed before the Court issued.
against the Public Estates Authority (PEA). There, the
petition sought, among others, to compel the PEA to > In a certiorari and prohibition case under Rule 65,
disclose all facts on the PEA's then on-going these cases can be filed if the court or tribunal acted
renegotiations to reclaim portions of Manila Bay. On with grave abuse of discretion amounting to lack or
the issue of whether the non-observance of the excess of jurisdiction, and as we said, these cases are
hierarchy of courts merits the dismissal of the with the concurrent original jurisdiction of the SC, CA,
petition, we ruled that: and RTC.
x x x The principle of hierarchy of courts applies > If you are filing the petition for certiorari before the
generally to cases involving factual questions. As it is Supreme Court, grave abuse of discretion, but the SC
not a trier of facts, the Supreme Court cannot is only interested in questions of law. It is not a trier
entertain cases involving factual issues. The instant of facts. How can you resolve a certiorari and
case, however, raises constitutional issues of prohibition case without going to the facts? The SC
transcendental importance to the public. The said:
Supreme Court can resolve this case without
determining any factual issue related to the case. In a certiorari and prohibition case, like the instant
Also, the instant case is a petition for mandamus case, only legal issues affecting the jurisdiction of
which falls under the original jurisdiction of the Court the tribunal, board or officer involved may be
under Section 5, Article VIII of the Constitution. We resolved on the basis of undisputed facts. Sections
resolve to exercise primary jurisdiction over the 1, 2 and 3, Rule 65 of the Rules of Court require that
instant case. in the verified petition for certiorari, mandamus and
prohibition the petitioner should allege "facts with
> The Supreme Court is not a trier of facts, please certainty".
remember that.
> Facts must not be controverted. The facts must be
The Supreme Court is not a trier of facts admitted. On the basis of that, the SC will determine
whether or not there is grave abuse of discretion
In 1973, the dictum that the Supreme Court is not amounting to lack or excess of jurisdiction. That is
trier of facts first appeared in jurisprudence through only a legal question.
the concurring opinion of then Chief Justice Querube
Makalintal in Chemplex (Philippines) Inc. v. Pamatian. In this case, the facts have become uncertain.
Chemplex involved a petition for certiorari against an Controversial evidentiary facts have been alleged.
order recognizing the validity and legitimacy of the What is certain and indubitable is that a notarized
election of directors on the board of a private peddling contract was executed.
corporation.
The Supreme Court is not a trier of facts. It would be
The Supreme Court is not a trier of facts, and it is difficult, if not anomalous, to decide the jurisdictional
beyond its function to make its own findings of issue on the basis of the parties contradictory factual
certain vital facts different from those of the trial submissions. The record has become voluminous
court, especially on the basis of the conflicting because of their efforts to persuade this Court to
claims of the parties and without the evidence being accept their discordant factual statements.
properly before it. For the Supreme Court to make
such factual conclusions is entirely unjustified - first, Even as we apply the exceptions to the general rule
because if material facts are controverted, as in this under the doctrine of hierarchy of courts, we have to
case, and they are issues being litigated before the follow the hierarchy, the levels. We cannot have a
lower court, the petition for certiorari would not be direct resort to the Supreme Court. But there should

be no questions of facts involved. There should only
be questions of law to invoke the exceptional This Court has interchangeably referred to the
circumstances. hierarchy of courts as a "principle,” a "rule," and a
"doctrine.” For purposes for this discussion, however,
The doctrine of hierarchy of courts we shall refer to it as a doctrine.
As a matter of policy, such a direct recourse to this Exceptions to the doctrine of hierarchy of courts
Court should not be allowed. The Supreme Court is a
court of last resort, and must so remain if it is to Aside from the special civil actions over which it has
satisfactorily perform the functions assigned to it by original Jurisdiction, the Court, through the years, has
the fundamental charter and immemorial tradition. allowed litigants to seek direct relief from it upon
It cannot and should not be burdened with the task allegation of "serious and important reasons." The
of dealing with causes in the first instance. Its original Diocese of Bacolod v. Commission on Elections
jurisdiction to issue the so-called extraordinary writs (Diocese) summarized these circumstances.
should be exercised only where absolutely necessary
or where serious and important reasons exist A careful examination of the jurisprudential bases of
therefor. Where the issuance of an extraordinary the foregoing exceptions would reveal a common
writ is also within the competence of the Court of denominator - the issues for resolution of the Court
Appeals or a Regional Trial Court, it is in either of are purely legal. Similarly, the Court in Diocese
these courts that the specific action for the writ's decided to allow direct recourse in said case because,
procurement must be presented. This is and should just like Angara, what was involved was the
continue to be the policy in this regard, a policy that resolution of a question of law, namely, whether the
courts and lawyers must strictly observe. limitation on the size of the tarpaulin in question
violated the right to free speech of the Bacolod
This concurrence of jurisdiction is not, however, to Bishop.
be taken as according to parties seeking any of the
writs an absolute, unrestrained freedom of choice > Even if we examine these specific exceptions, there
of the court to which application therefor will be is a common denominator. The issues for resolution
directed. There is after all a hierarchy of courts. That of the Supreme Court are purely legal. Even if you fall
hierarchy is determinative of the venue of appeals, within the exceptions, but the case will require the
and should also serve as a general determinant of Supreme Court to determine factual questions, that
the appropriate forum for petitions for the that is not allowed.
extraordinary writs. A becoming regard for that
judicial hierarchy most certainly indicates that The presence of one or more of the so-called
petitions for the issuance of extraordinary writs "special and important reasons" is not the decisive
against first level ("inferior") courts should be filed factor considered by the Supreme Court in deciding
with the Regional Trial Court, and those against the whether to permit the invocation, at the first
latter, with the Court of Appeals. A direct invocation instance, of its original jurisdiction over the issuance
of the Supreme Court's original jurisdiction to issue of extraordinary writs. Rather, it is the nature of the
these writs should be allowed only when there are question raised by the parties in those "exceptions"
special and important reasons therefor, clearly and that enabled us to allow the direct action before us.
specifically set out in the petition. This is established
policy. x x x To be clear, the transcendental importance doctrine
does not clothe us with the power to tackle factual
This doctrine of hierarchy of courts guides litigants as questions and play the role of a trial court. The only
to the proper venue of appeals and/or the circumstance when we may take cognizance of a case
appropriate forum for the issuance of extraordinary in the first instance, despite the presence of factual
writs. Thus, although this Court, the CA, and the RTC issues, is in the exercise of our constitutionally-
have concurrent original jurisdiction over petitions expressed task to review the sufficiency of the factual
for certiorari, prohibition, mandamus, quo warranto, basis of the President's proclamation of martial law
and habeas corpus, parties are directed, as a rule, to under Section 18, Article VII of the 1987 Constitution.
file their petitions before the lower-ranked court. The case before us does not fall under this exception.
Failure to comply is sufficient cause for the dismissal
of the petition.

Hierarchy of courts is a constitutional imperative referred to the lower court as the proper
forum under the rules of procedure, or as
Strict observance of the doctrine of hierarchy of the court better equipped to resolve factual
courts should not be a matter of mere policy. It is a questions.
constitutional imperative given
(1) the structure of our judicial system and Strict adherence to the doctrine of hierarchy of
(2) the requirements of due process. courts is an effective mechanism to filter the cases
which reach the Court.
First. The doctrine of hierarchy of courts recognizes
the various levels of courts in the country as they > In effect, we are limiting the time of the SC, the
are established under the Constitution and by law, effort and resources, to cases which are more
their ranking and effect of their rulings in relation important. When it comes to cases with decided
with one another, and how these different levels of jurisprudence, not novel, which would require factual
court interact with one another. It determines the determinations. This should be within the jurisdiction
venues of appeals and the appropriate forum for the of the lower courts. You should filter.
Issuance of extraordinary writs.
> I remember before, I have a case, a client asked me
Second. Strict adherence to the doctrine of hierarchy why we wouldn't just file the case with the Supreme
of courts also proceeds from considerations of due Court so that it will be immediately finished.
process. While the term "due process of law" evades However, the case could just be settled with the
exact and concrete definition, the Supreme Court, in barangay. It's not a matter of choice nor prestige. As
one of its earliest decisions, referred to it as a law much as possible we must adhere to this doctrine and
which hears before it condemns which proceeds we should filter the cases as a way to prevent the
upon inquiry and renders judgment only after trial. It inordinate demands upon the Supreme Court, the
means that every citizen shall hold his life, liberty, overcrowding of the course docket, etc.
property, and immunities under the protection of the
general rules which govern society. Under the TAKE NOTE: Accordingly, for the guidance of the
present Rules of Court, which governs our judicial bench and the bar, we reiterate that when a
proceedings, warring factual allegations of parties are question before the Supreme Court involves
settled through presentation of evidence. Evidence is determination of a factual issue indispensable to
the means of ascertaining, in a judicial proceeding, the resolution of the legal issue, the Supreme Court
the truth respecting a matter of fact: As earlier will refuse to resolve the question regardless of the
demonstrated, the Court cannot accept evidence in allegation or invocation of compelling reasons, such
the first instance. By directly filing a case before the as the transcendental or paramount importance of
Court, litigants necessarily deprive themselves of the case. Such question must first be brought before
the opportunity to completely pursue or defend the proper trial courts or the CA, both of which are
their causes of actions. Their right to due process is specially equipped to try and resolve factual
effectively undermined by their own doing. questions.
The doctrine of hierarchy of courts as a filtering

mechanism
DOCTRINE OF PRIMARY
The doctrine of hierarchy of courts operates to: JURISDICTION
(1) prevent inordinate demands upon the
Court's time and attention which are better Courts will not determine a controversy involving a
devoted to those matters within its exclusive question within the jurisdiction of the administrative
jurisdiction; tribunal, when the question demands the exercise of
sound administrative discretion requiring specialized
(2) prevent further overcrowding of the Court's knowledge and expertise of said administrative
docket; and tribunal to determine technical and intricate matters
of fact. Baviera v. Paglinawan, 515 SCRA 171 (2007)
(3) prevent the inevitable and resultant delay,
intended or otherwise, in the adjudication of
cases which often have to be remanded or

> There are several cases dealing on this. It simply capacity and without authority, as his appointment
means that there are certain issues and questions as rehabilitation receiver was revoked by the SEC in
that are within the expertise or knowledge of a an Order dated May 17, 1989. In support of its
specialized agency. For example, agrarian matters, so counterclaims, BF Homes averred that the
the determination of these matters falls with the consideration paid by SMPI for the 130 Italia II lots
jurisdiction of the Department of Agrarian Reform. was grossly inadequate and disadvantageous to BF
Whether it's in the DAR proper, the Secretary of the Homes; and that the Deeds of Absolute Sale were
DAR, or the DARAB. We have labor issues under the undated and not notarized.
Labor Arbiters, NLRC. We have housing (before it was
HLURB) but now it is HUDCC. There are several SMPI, in its Reply (Answer with Counterclaim dated
agencies. It shall be filed with those agencies, not October 16, 2000), countered that the validity of the
regular courts, as much as possible. The power of three Deeds of Absolute Sale was already upheld by
review shall be with the regular courts. It only comes the SEC in its Omnibus Order dated November 7,
during the appeal process. But primarily, it should be 1994, and the motion for reconsideration of BF
with the competence of these administrative bodies. Homes of said Omnibus Order was denied by the SEC
in its subsequent Order dated August 22, 1995. Both
SAN MIGUEL PROPERTIES, INC. vs. BF HOMES, INC. Orders were deemed final, executory, and
G.R. No. 169343, August 5, 2015 unappealable by the SEC in another Omnibus Order
dated July 31, 1996. As a result, the Deeds of
BF Homes, Inc. (BF Homes) is the owner of several Absolute Sale were binding on BF Homes.
parcels of land located in the northern portion of BF
Homes Parañaque Subdivision, particularly identified SMPI further maintained that Orendain was
as Italia II lots. BF Homes, represented by Florencio B. authorized to sign the Deeds of Absolute Sale for and
Orendain (Orendain), as rehabilitation receiver in behalf of FBO Networks Management, Inc. - the
appointed by the Securities and Exchange receiver which the SEC appointed to replace
Commission (SEC); and SMPI, represented by Orendain, upon the latter's motion to convert his
Federico C. Gonzales, President, entered into three involvement in the receivership from an individual to
successive Deeds of Absolute Sale whereby the a corporate capacity. SMPI additionally asserted that
former sold to the latter a total of 130 Italia II lots absent substantiation, the allegation of BF Homes of
with a combined area of 44,345 square meters for inadequate consideration for the sale of the Italia II
the aggregate consideration of P106,247,701.00. lots was self-serving; and that despite being undated
and not notarized, the Deeds of Absolute Sale were
SMPI completed the payments for the 130 Italia II valid since they contained the essential elements of a
lots in December 1995. In compliance with Section 3 contract. And even assuming that the Deeds of
of all the three Deeds of Absolute Sale, BF Homes Absolute Sale may be rescinded, SMPI argued that
delivered the Transfer Certificates of Title (TCTs) to BF Homes did not offer and was not prepared to
SMPI but only for 110 of the 130 Italia II lots return the consideration paid by SMPI, plus interest.
purchased by SMPI.
Housing and Land Use Arbiter Rowena C. Balasolla
SMPI, thru counsel, sent BF Homes a letter on May (Arbiter Balasolla) issued an Order dated January
20, 1996 demanding the delivery of the remaining 20 22, 2001 directing the parties to submit their
TCTs. respective position papers and supporting evidence,
as well as their draft decisions. Thereafter, the case
Despite receipt of the afore-mentioned letter, BF was deemed submitted for resolution. In her Decision
Homes failed or refused to heed the demand of dated January 25, 2002, Arbiter Balasolla suspended
SMPI. Consequently, SMPI filed a Complaint for the proceedings in HLURB Case No. REM-082400-
specific performance with damages before the 11183 for the following reasons:
HLURB on August 24, 2000 to compel BF Homes to
deliver the remaining 20 TCTs to SMPI. The case was “As the peculiar background of this case would tell, it
docketed as HLURB Case No. REM-082400-11183. is inevitable that the resolution of the issues raised in
the instant complaint would be largely influenced by
In its Answer (With Counterclaim), BF Homes alleged the outcome of the cases pending in other tribunals
that the Deeds of Absolute Sale executed in 1992 to which are directly and ineluctably related to the
1993 were entered into by Orendain in his personal issues brought before this Board.

further proceedings. The appellate court denied said
This Board is cognizant of the fact that respondent Motion. SMPI appealed to the Supreme Court.
had questioned the action of its rehabilitation
receiver before the SEC, raising several issues against RULING:
him, including but not limited, to his authority to sell
the subject lots to the complainant the resolution of The Petition is meritorious.
which is still pending the said body.
Presidential Decree No. 957 conferred exclusive
Thus, while this Board may have jurisdiction over the jurisdiction to regulate the real estate trade and
instant complaint, the issue on whether or not Mr. business upon the National Housing Authority (NHA).
Orendain has overstepped his authority which is Presidential Decree No. 1344 dated April 2, 1978
pending resolution by the SEC, is to our mind a expanded the quasi-judicial powers of NHA by
condition sine qua non, the final resolution of which providing as follows:
by said body is a logical antecedent to the issue
involved in the instant complaint and which only the
Section 1. In the exercise of its functions to
SEC has exclusive jurisdiction to decide.
regulate the real estate trade and business and in
addition to its powers provided for in Presidential
Under the circumstances, we are inclined to suspend
Decree No. 957, the National Housing Authority
the proceedings before the Board until the SEC shall
shall have exclusive jurisdiction to hear and decide
have resolved with finality on the issue of the
cases of the following nature:
authority of Mr. Orendain/FBO Networks
Management to enter into such transactions on
A. Unsound real estate business practices;
behalf of [BF Homes].”
B. Claims involving refund and any other claims
SMPI filed a Petition for Review (Re: Decision dated
filed by subdivision lot or condominium unit buyer
January 25, 2002) with the HLURB Board of
against the project owner, developer, dealer,
Commissioners. The HLURB Board of Commissioners
broker or salesman; and
denied the petition for review. SMPI appealed
before the Office of the President. The OP, in its
C. Cases involving specific performance of
Decision dated January 27, 2004, adjudged that the
contractual and statutory obligations filed by
HLURB should have resolved HLURB Case No. REM-
buyers of subdivision lot or condominium unit
082400-11183. The OP ordered BF Homes, Inc., to
against the owner, developer, dealer, broker or
deliver to San Miguel Properties, Inc., the
salesman." (Emphases ours.)
corresponding titles to the lots subject of the instant
case, free from all liens and encumbrances, except to
the subdivision restrictions referred to in the Under the Executive Order creating it, the HLURB has
conveying deed of sale, and to pay the latter the sum exclusive jurisdiction to "hear and decide cases of
of P100,000.00 as and by way of attorneys' fees. unsound real estate business practices; claims
involving refund filed against project owners,
BF Homes filed a Motion for Reconsideration but it developers, dealers, brokers, or salesmen; and cases
was denied by the OP. Aggrieved, BF Homes sought of specific performance." Accordingly, in United
recourse from the Court of Appeals by way of a Housing Corporation v. Dayrit, we ruled that it is the
Petition for Review under Rule 43 of the Revised HLURB, not the trial court, which has jurisdiction over
Rules of Court. The Court of Appeals agreed with the complaints for specific performance filed against
OP that the HLURB had the primary and exclusive subdivision developers to compel the latter to
jurisdiction to resolve the complaint for specific execute deeds of absolute sale and to deliver the
performance and damages of SMPI and should not certificates of title to buyers.
have suspended the proceedings until the SEC had
ruled with finality on the issue of Orendain's In fact, in the instant case, the HLURB did exercise
authority to sell the 130 Italia II lots to SMPI. SMPI jurisdiction over and did take cognizance of the
filed a Motion for Partial Reconsideration (Re: complaint of SMPI. Arbiter Balasolla received
Decision dated January 31, 2005) insofar as the Court pleadings and evidences from the parties, and after
of Appeals remanded the case to the HLURB for the period for filing position papers and draft
decisions by the parties had lapsed, deemed the case

submitted for decision. However, at this stage, (f) where judicial intervention is urgent; (g) when its
Arbiter Balasolla demurred, and instead of deciding application may cause great and irreparable damage;
the case, suspended the proceedings until the SEC (h) where the controverted acts violate due process;
ruled on the issue of whether or not Orendain, the (i) when the issue of non-exhaustion of
receiver of BF Homes, had authority to execute the administrative remedies has been rendered moot; (j)
Deeds of Absolute Sale over the 130 Italia II lots in when there is no other plain, speedy and adequate
favor of SMPI. On appeal, the HLURB Board of remedy; (k) When strong public interest is involved ;
Commissioners affirmed the suspension of and, (l) in quo warranto proceedings, x x x.
proceedings. (Emphases supplied.)
When the case was appealed to the OP by SMPI, and > Under the doctrine of administrative remedies
then to the Court of Appeals by BF Homes, both the
OP and the Court of Appeals sustained the The contractual relationship between BF Homes as
jurisdiction of HLURB over the complaint for specific owner and SMPI as buyer of subdivision lots is
performance filed by SMPI, the only difference being governed by Presidential Decree No. 957 and is
that the OP proceeded to resolve the case on the undeniably imbued with public interest. Hence, it is
merits based on the evidence on record while the crucial that the dispute between them be resolved as
appellate court remanded the case to the HLURB for swiftly as possible. In Spouses Chua v. Ang, the Court
further proceedings. declared that "public interest and welfare are
involved in subdivision and condominium
Nonetheless, the Court disagrees with the Court of development, as the terms of Presidential Decree
Appeals and finds no more need to remand the case Nos. 957 and 1344 expressly reflect, x x x Shelter is a
to the HLURB. basic human need whose fulfillment cannot afford
any kind of delay."
Pursuant to the doctrine of primary jurisdiction,
"the courts cannot or will not determine a Even if the case is no longer remanded, BF Homes
controversy involving a question which is within the cannot claim denial of due process. "The essence of
jurisdiction of an administrative tribunal, where the due process is to be heard, and, as applied to
question demands the exercise of sound administrative proceedings, this means a fair and
administrative discretion requiring the special reasonable opportunity to explain one's side, or an
knowledge, experience, and services of the opportunity to seek a reconsideration of the action or
administrative tribunal to determine technical and ruling complained of. Administrative due process
intricate matters of fact, and a uniformity of ruling is cannot be fully equated with due process in its strict
essential to comply with the purposes of the judicial sense, for in the former a formal or trial-type
regulatory statute administered." However, said hearing is not always necessary, and technical rules
doctrine is not an absolute or inflexible rule. The of procedure are not strictly applied.” In the instant
Court recognized several exceptions in Republic v. case, SMPI and BF Homes were afforded the
Lacap, viz.: opportunity to present and address each other's
arguments through an exchange of pleadings, as well
[T]he doctrine of exhaustion of administrative as to submit their respective evidence before Arbiter
remedies and the corollary doctrine of primary Balasolla. To recall, the case was already submitted
jurisdiction, which are based on sound public policy for decision before Arbiter Balasolla, meaning, there
and practical considerations, are not inflexible rules. is nothing more left for the parties to submit or do.
There are many accepted exceptions, such as: To remand the case and repeat the entire process
(a) where there is estoppel on the part of the party once again before the HLURB Arbiter will not only be
invoking the doctrine; impractical, but also unreasonable and oppressive for
(b) where the challenged administrative act is SMPI.
patently illegal, amounting to lack of jurisdiction; (c)
where there is unreasonable delay or official inaction [T]he Supreme Court may, on certain exceptional
that will irretrievably prejudice the complainant; (d) instances, resolve the merits of a case on the basis of
where the amount involved is relatively small so as to the records and other evidence before it, most
make the rule impractical and oppressive; (e) where especially when the resolution of these issues would
the question involved is purely legal and will best serve the ends of justice and promote the
ultimately have to be decided by the courts of justice; speedy disposition of cases.

BF Homes cannot insist on the lack of authority of xxx
Orendain as receiver to sign the Deeds of Absolute
Sale for the 130 Italia II lots. While it is true the SEC
revoked the appointment of Orendain as
rehabilitation receiver of BF Homes in 1989, the SEC
thereafter immediately appointed FBO Networks
Management, Inc., in replacement as receiver. What does “judicial power” mean?
Orendain was the Chairman of FBO Networks
Management, Inc. Hence, when Orendain signed the
Deeds of Absolute Sale for the 130 Italia II lots, he did
so as Chairman of FBO Networks Management, Inc.,
the appointed receiver of BF Homes. Article VIII, Section 1(2):
As the OP observed, BF Homes ratified the Deeds of xxx “Judicial power means "the duty of the court to
Absolute Sale with SMPI by accepting full payment settle actual controversies involving rights which are
from SMPI of the purchase price for the 130 Italia II legally demandable and enforceable, and to determine
lots, and fully implementing the transaction covered whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
by the first two Deeds and partially implementing the
the part of any branch or instrumentality of the
third by delivering the TCTs for 110 of the 130 lots. Government. (Sec 1(2), Article VIII, 1987 Constitution).
Receiving full payment for the 130 Italia II lots from

SMPI also estops BF Homes from denying the
authority of Orendain/FBO Networks Management,
Inc. to enter into the Deeds of Absolute Sale.
DISCUSSION: It does not only involve private individuals,
December 7, 2020 - ZOOM but also the acts of the different agencies, different courts
or instrumentalities of the government, if there is grave
abuse of discretion amounting to lack or excess of
jurisdiction.
Two kinds of remedies subsumed under "judicial power"

SUBJECT MATTER JURISDICTION
1. Ordinary remedies — Contained in the phrase
“To settle actual controversies involving
rights which are legally demandable and
JURISDICTION OF THE SUPREME COURT enforceable.” This pertains to the ordinary
remedies; when there are conflicting rights
The Supreme Court is the only court created by the in the law of the case, the courts will
Constitution, the basis of which is Section 1, Article VIII of determine/settle actual controversies.
the 1987 Constitution.
2. Extraordinary remedies (e.g. certiorari) —
Contained in the phrase “To determine
whether or not there has been a grave
abuse of discretion amounting to lack or
As to the other courts, namely, the Court of Appeals,
excess of jurisdiction on the part of any
Sandiganbayan, etc., are all STATUTORY creations (created
branch or instrumentality of the
by Congress by way of a law).
Government.” These involve acts not only
involving private individuals, or the State
against the individual, but also acts of the
different agencies/courts/ instrumentalities
of the Governments if there is grave abuse
Section 1(1), Article VIII of the 1987 Constitution: of jurisdiction amounting to lack or excess of
jurisdiction.
The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.” Composition of the Supreme Court

Article VIII, Section 4. (1) The Supreme Court shall be took part in the deliberations on the issues in the case
composed of a Chief Justice and fourteen Associate and voted thereon, and in no case without the
Justices. It may sit en banc or in its discretion, in division concurrence of at least three of such Members. When
of three, five, or seven Members. Any vacancy shall be the required number is not obtained, the case shall be
filled within ninety days from the occurrence thereof.” decided en banc: Provided, that no doctrine or principle
xxx of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except
by the court sitting en banc.
There are 15 justices. 1 Chief Justice and 14 associate

justices. The Supreme Court may sit en banc or in divisions
of 4, 5, or 7 members. Normally, cases are heard in Only SC en banc can overturn previous en banc decisions.
division. But there are cases, which are required in the
Constitution to be heard en banc (so, here all Justices are The principles or doctrines in the cases you have been
involved unless, of course, if anyone is absent. Even if a reading since First Year, you can see that these are
Justice is absent, the Court is still considered to be “en sometimes decided by the SC en banc or in division. But if it
banc"). is a doctrine decided en banc, such doctrine cannot be
overturned by a division. The only way to overturn it is by
way of a decision by the SC en banc.
Any vacancy shall be filled within 90 days from the

occurrence thereof.
Sometimes, you read cases with different decisions. But
take note that only SC en banc can actually overturn an en
banc decision.
What cases shall be heard by the SC en banc?
For example, the Aguinaldo doctrine has already been

overturned by the SC en banc. This means that the previous
cases applying the Aguinaldo doctrine [are no longer
Article VIII, Section 4. (2) All cases involving the prevailing]. Under the Aguinaldo doctrine, when there is an
constitutionality of a treaty, international or executive administrative case against an officer but then the ceases in
agreement, or law, which shall be heard by the Supreme office, then the case is no more. This was used for so many
Court en banc, and all other cases which under the Rules years, but now it has already been overturned and no
of Court are required to be heard en banc, including longer applies.
those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be
decided with the concurrence of a majority of the
Members who actually took part in the deliberations on What cases does the SC have jurisdiction over?
the issues in the case and voted thereon.
Article VIII, Section 2. The Congress shall have the

power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive
the Supreme Court of its jurisdiction over cases
What cases shall be heard by the SC in division? enumerated in Section 5 hereof.
Article VIII, Section 4. (3) Cases or matters heard by a NOTE: Congress cannot by law reduce the jurisdiction of
division shall be decided or resolved with the the SC because the SC is created by the Constitution and its
concurrence of a majority of the Members who actually jurisdiction is provided for under the Constitution.

(4) Order a change of venue or place of trial to avoid a
Powers of The Supreme Court miscarriage of justice.
Article VIII, Section 5. The Supreme Court shall have the

following powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance
(1) Exercise original jurisdiction over cases affecting to the underprivileged. Such rules shall provide a
ambassadors, other public ministers and consuls, and simplified and inexpensive procedure for the speedy
over petitions for certiorari, prohibition, mandamus, quo disposition of cases, shall be uniform for all courts of the
warranto, and habeas corpus. same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
(a) All cases in which the constitutionality or validity of

any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
Overview of Section 5:
(b) All cases involving the legality of any tax, impost,

assessment, or toll, or any penalty imposed in relation
thereto.
"(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus."
(c) All cases in which the jurisdiction of any lower court
is in issue.
(d) All criminal cases in which the penalty imposed is Original jurisdiction pertains to cases filed for the first time
reclusion perpetua or higher. before the SC. It does not involve a case coming from the
MTC then elevated to the RTC then to the CA.
(e) All cases in which only an error or question of law is

involved. There are two kinds of original jurisdiction (exclusive or
concurrent):
1) Exclusive original jurisdiction - The SC is the

(3) Assign temporarily judges of lower courts to other only court with which you can file a certain
stations as public interest may require. Such temporary case. You cannot file it in any other court.
assignment shall not exceed six months without the
consent of the judge concerned. 2) Concurrent original jurisdiction - You can file
the case originally before the RTC, CA or SC.
Concurrent means “shared.”

involved.
"(2) Review, revise, reverse, modify, or affirm on appeal

***
provide, final judgments and orders of lower courts…"
Article VIII, Section 5. (3) Assign temporarily judges of

"Review, revise, reverse, modify, or affirm” pertains to
lower courts to other stations as public interest may
appellate jurisdiction, not an original case. The case was
require. Such temporary assignment shall not exceed six
elevated to the SC by way of review.
months without the consent of the judge concerned.
The following are the cases that are subject to the

appellate jurisdiction of the SC based on the Constitution:
If the judge consents to more than 6 months, then it would
be allowed.
(a) All cases in which the constitutionality or validity of any

treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
Article VIII, Section 5. (4) Order a change of venue or
place of trial to avoid a miscarriage of justice.
- If the case comes from the RTC, the SC can

directly review when there is a question on
whether or not a law is constitutional or
valid. DISCUSSION:
When we go to the rule on venue, depending on the case,

there are venues provided for under the rules. If it is a civil
(b) All cases involving the legality of any tax, impost, case, for example, a personal action, you can choose the
assessment, or toll, or any penalty imposed in relation venue - whether in your residence or in the place where
thereto. any of the defendants is a resident. It is your option, as
plaintiff.
- The SC has appellate jurisdiction over the

legality of tax laws and tax ordinances. If it is a real action (actions involving real properties), you
have to file the case in the place where the property is
located. For example,the property is located in Davao City,
although you are a resident of Digos and the defendant is a
(c) All cases in which the jurisdiction of any lower court is in resident of Tagum but the property is located in Davao, the
issue. case must be filed in Davao because it is where the subject
property is located, unless it falls under the exceptions to
venue.
(d) All criminal cases in which the penalty imposed is

reclusion perpetua or higher.
In criminal cases, jurisdiction is synonymous to venue. But
in civil cases, jurisdiction is not synonymous to venue.

the writ of amparo, writ of habeas corpus, writ of habeas
data, writ of kalikasan, and writ of continuing mandamus,
When we say jurisdiction, we are referring to whether or the rules here are promulgated by the SC mismo pursuant
not the court has authority to hear and decide the to its power under (5) of Art. VIII, Sec. 5 of the Constitution.
particular case. When we say venue, where the case is
filed.
“ Such rules shall provide a simplified and inexpensive

procedure for the speedy disposition of cases, shall be
But in criminal cases, kung asa ang venue sa crime, mao uniform for all courts of the same grade, and shall not
pud na ang court na may jurisdiction. diminish, increase, or modify substantive rights.”
The rules shall provide a simplified and inexpensive

procedure and uniform for all courts of the same grade. So
You cannot really decide kung asa ang venue, it depends on MTC, RTC, all of them, the same ang procedure whether
what the law says. But in some cases, the SC can order a you are in Davao, or in any other place as long as they are
change of venue or place of trial to avoid a miscarriage of in the same grade.
justice. For example, you are filing a case against a very
influential and powerful public officer. If you follow the law
on venue, the case should be filed kung asa sya naga hold
ug office. But in that case, he can control the witnesses, he Note: RoC is a remedial law, a procedural law as
can terrorize, intimidate possible people involved in the distinguished from substantive law.
case. So favorable saiya ange venue but not to you - so
here, you can apply to the SC for a change of venue to
avoid a miscarrigae of justice.
When you say substantive law, it refers to those laws which
create and define the rights.
Article VIII, Section 5. (5) Promulgate rules concerning

On the other hand, procedural laws provide for the manner
the protection and enforcement of constitutional
by which the substantive rights are enforced or remedied
rights, pleading, practice, and procedure in all courts,
in case of violation. Procedural laws do not impair,
the admission to the practice of law, the integrated bar,
diminish, or increase substantive rights - they just regulate
and legal assistance to the underprivileged. Such rules
the enforcement of these rights.
shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies Between procedural rights and substantive rights, rights
shall remain effective unless disapproved by the provided under substantive law shall prevail because they
Supreme Court. are really created by law/Congress. That is why, the SC
said, dili pwede i-amend, impair, diminish, or increase
substantive rights.
DISCUSSION: “ Rules of procedure of special courts and quasi-judicial

bodies shall remain effective unless disapproved by the
“Promulgate rules concerning the protection and Supreme Court.”
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the
underprivileged.” How about the rules of procedure of special courts and
quasi-judicial bodies? Daghan man ni sila. For example,
HLURB - they have their own rules of procedure and so
with the DARAB, SEC, NLRC, and many others. Those rules
The SC can promulgate rules concerning the protection and promulgated by them are still effective unless disapproved
enforcement of constitutional rights. If you are aware of by the SC.

DISCUSSION:
In most cases, ang rules of procedure of special courts and When we say exclusive original, you have no choice - you
quasi-judicial bodies are more liberal than the RoC because should file with the SC. There is no other court that has
dili man gud kaayo formal ang proceedings in those bodies jurisdiction over that.
and the RoC, in case of silence in the provisions on the
rules of procedures of special courts and quasi-judicial
bodies, the RoC applies in a suppletory manner.
If you say concurrent original, the jurisdiction is shared
with some other courts but usually, as a general rule, this is
still subject to the doctrine of hierarchy of courts - even if
For example, in DOLE, there is a rule that within 10 days, the jurisdiction is shared, you should first file before the
you should file an appeal from a decision in a complaint lower court.
inspection. But what if the 10th day is a Saturday? Under
Rule 22 of the RoC, if the last day falls on a Saturday,
Sunday, or a holiday, the reglementary period will not run
until the next working day. So in this case, dili pwede na
Friday pa lang, i-compel naka to file an appeal. The law says ORIGINAL JURISDICTION OF THE SUPREME COURT
you have 10 days. Here, we apply RoC in a suppletory
manner. ● This refers to cases in which the Supreme
Court has original jurisdiction, as
opposed to appellate jurisdiction. This
means that parties file these cases
directly with the Supreme Court as if it
were regular trial court. However, there
Article VIII, Section 5. (6) Appoint all officials and is no presentation of evidence similar to
employees of the Judiciary in accordance with the Civil the procedure in Rule 132. Verily, the
Service Law. Supreme Court is not a trier of facts.
DISCUSSION:
This, again, is one of the powers of the SC. DISCUSSION:
Even if we talk about original jurisdiction of the SC,

whether concurrent or exclusive, as a GR, the SC is not a
trier of facts. Even if it is, for example, an original action for
certiorari citing GADALEJ but because the SC is not a trier of
Based on those provisions:
facts, there is no presentation of evidence that will happen
in the SC unlike in the lower courts na mupresent pa ka ug
evidence. It presupposes na there is no issue as to the
facts. The SC, based on the admitted facts, will only
● Supreme Court has: determine WON there is indeed a GADALEJ. Or maybe,
based on the facts, if it is not an extraordinary remedy,
○ Original jurisdiction, and WON there is error with the application of law - which is a
pure question of law.
○ Appellate jurisdiction
● Regarding original jurisdiction, it could be:

NOTE: MEMORIZE THESE CASES!!!
○ Exclusive original, or
○ Concurrent original
EXCLUSIVE ORIGINAL
(Can only be filed with the Supreme Court)

*You have no choice kay wala naman lain na mas taas pa sa
CA, SC lang.
1. Exclusive original jurisdiction in petitions
for certiorari, prohibition and mandamus
Commission on Elections
against the:
● Court of Appeals 1987 Constitution, Article IX, Section 7. x x x Unless

(Judiciary Act of otherwise provided by this Constitution or by law, any
1948, Sec. 17) decision, order, or ruling of each Commission may be
brought to the Supreme Court on certiorari by the
● Commission on aggrieved party within thirty days from receipt of a
Elections (Art. IX, copy thereof.
Sec. 7)
● Commission on Audit
(Art. IX, Sec. 7)
● Sandiganbayan (RA Under Article IX, Section 7 of the 1987 Constitution, it

10660) provides that it's only the Supreme Court, because the
COMELEC is a constitutional body. The Court of Appeals
● Court of Tax Appeals cannot review the COMELEC. We're talking about
(PD No. 1125, as certiorari, prohibition, and mandamus, and you want to
amended) assail or annul the acts of the different bodies here because
there is grave abuse of discretion amounting to lack or
● Ombudsman in criminal excess of jurisdiction.
cases*
You cannot have a COMELEC decision annulled before the

Court of Appeals because they are of the same level.
Actually, COMELEC is a constitutional body, while the Court
*with the exception of the Ombudsman, all the of Appeals is a creation of law. So the review of COMELEC's
enumerated tribunals are collegiate in character decisions should be with the Supreme Court.
Commission on Audit
DISCUSSION:
1987 Constitution, Article IX, Section 7. x x x Unless
You can only file these cases before the SC.
otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be
Court of Appeals brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a
copy thereof.
In cases of petitions for certiorari, prohibition and

mandamus, wala kay laing choice but to file with the SC.
Under Article IX, Section 7 of the 1987 Constitution. It is

Unsa man ni sya? Administrative bodies, CA. If you are the Supreme Court that can review its decisions. There are
assailing the judgement, order, or act of the CA because no other entities which can review the acts of COA, or
there is GADALEJ, you are filing a petition for certiorari, annul its decisions, since we're talking about original
prohibition, and mandamus, these are original actions actions involving the acts of COA and not just an appeal.
exclusively within the jurisdiction of the SC.
Sandiganbayan

The Ombudsman after resolving such cases, usually two, in
administrative and criminal cases. In an administrative
What is Sandiganbayan? It's a collegiate court composed of case, that's a resolution or decision of the Ombudsman. It
three justices. If there is a hearing in the Sandiganbayan, can be appealed before the Court of Appeals by way of
you will not only face one judge but three. There are three petition for review under Rule 43 of the Rules of Court.
who will question, and rule on the case. Sandiganbayan is Please remember that.
at the same level as Court of Appeals. The Sandiganbayan
has jurisdiction over cases filed against public officers that
are Salary Grade 27 or higher. If you're assailing the acts of
the Sandiganbayan, you have no other way but to go to the But in criminal cases, the decision of the Office of the
Supreme Court. Ombudsman is final and executory, meaning it cannot be
appealed because it is final and executory. Does it mean
that we cannot have the act of the Ombudsman
challenged? For example, what if the finding of the
Court of Tax Appeals under Republic Act No. 1125 Ombudsman on probable cause for violation of Republic
Act No. 3019 (Anti-Graft and Corrupt Practices Act) is not
correct? What is the remedy? There remedy if there is
grave abuse of discretion amounting to lack or excess of
jurisdiction, you go to the Supreme Court by way of
petition for certiorari under Rule 65.
RA 1125, Section 18. Appeal to the Supreme Court — x
x x Any party adversely affected by any ruling, order or
decision of the Court of tax Appeals may appeal
therefrom to the Supreme Court by filing with the said With the exception of the Ombudsman, all these other
Court a notice of appeal and with the Supreme Court a courts are collegiate courts. Meaning, there are many who
petition for review, within thirty days from the date he preside over these courts, not just one justice. In the
receives notice of said ruling, order or decision. If, Ombudsman, the one who resolves the cases is just the
within the aforesaid period, he fails to perfect his assigned officer in the Office of the Ombudsman. It is their
appeal, the said ruling, order or decision shall become head [who signs], but it's not a collegiate court.
final and conclusive against him.
(2) Exclusive original jurisdiction in election contests

involving the position of President and Vice-President
under Article VII Section 4, last paragraph, of the 1987
Also directly to the Supreme Court. You cannot go to the
Constitution
Court of Appeals because it is the same level as the Court
of Tax Appeals. You have to go to the Supreme Court.
Ombudsman
1987 Constitution, Article VII, Section 4. x x x The

Supreme Court, sitting en banc, shall be the sole judge
Please remember this, because many people are confused of all contests relating to the election, returns, and
about the Ombudsman. If you want to have an qualifications of the President or Vice- President, and
investigation or you want to file administrative or criminal may promulgate its rules for the purpose.
cases against public officers, regardless of the Salary Grade,
where do you file? If it's ordinary criminal cases, you file it
with the fiscal. But if it involves public officers, you file that
with before the Office of the Ombudsman. The
Ombudsman, it's acting in two capacities. If you file a case
before the Ombudsman, it may have an administrative You cannot file that before the House of Representatives
aspect, or criminal aspect. Administrative cases such as Electoral Tribunal or et cetera. It should only be filed with
[oppression], dishonesty. Criminal cases such as Anti-Graft, the Supreme Court. You cannot file that with the COMELEC
violation of RA 3019. also, if it is a contest involving the position of President and
Vice-President.

(3) Exclusive original jurisdiction in cases questioning the ANECDOTE: I don't know if you have encountered this but
factual basis for the declaration of Martial Law and the there are fake lawyers. The ID they show are PRC IDs. That
suspension of the privilege of the writ of habeas corpus or in itself means that the person is not a real lawyer. Naa
the extension thereof, under Article VII, Section 18, third pajud nakabutang "CPA Lawyer". Naa pa jud "international
paragraph of the 1987 Constitution lawyer" but that is not a real lawyer. Peke na sya. Walay
PRC ID ang lawyer. Ang ID sa lawyer is from the Integrated
Bar of the Philippines which is also sad kay dili siya usually
recognized sa mga ordinary people. Naa ko na-encounter
nga pagtuo nila, di daw sila naga dawat ug ID sa mga bar.
Pagtuo nila kay bar na imnanan. (lol)
1987 Constitution, Article VII, Section 18. x x x The
Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the We are under the jurisdiction of the Supreme Court.
suspension of the privilege of the writ or the extension There's a disciplinary action, although it goes through the
thereof, and must promulgate its decision thereon IBP first, but it is the Supreme Court which ultimately
within thirty days from its filing. x x x decides under Rule 56-A.
(5) Injunction in agrarian cases and other specified by law

You've discussed this in your Constitutional Law. The
factual basis for the declaration of Martial Law as well as
suspension of the privilege of the writ of habeas corpus,
you can have that reviewed by the Supreme Court. It's If you're talking about agrarian cases, even if you file a
exclusive, so only the Supreme Court. petition before the Court of Appeals, and it involves
In agrarian cases, under the doctrine of primary

jurisdiction, you have to file that before the Department of
(4) Exclusive original jurisdiction over disciplinary Agrarian Reform Adjudication Board (DARAB), or before
proceedings against members of the judiciary and the Regional Director, but eventually, after all remedies are
attorneys exhausted, in relation to the doctrine of primary
jurisdiction, for example from the regional level, then you
go to the DARAB, which is the national level in Manila.
After that, you go to the Court of Appeals, under Rule 43,
petition for review.
Rules of Court, Rule 56-A, Section 1. Original cases

cognizable. — Only petitions for certiorari, prohibition,
mandamus, quo warranto, habeas corpus, disciplinary For example, you want to ask for an injunction, because if
proceedings against members of the judiciary and you file with the court, it's possible that there is a
attorneys, and cases affecting ambassadors, other provisional remedy of injunction. While the case is pending,
public ministers and consuls may be filed originally in the farmers want to enter the land even though their right
the Supreme Court. to become beneficiaries of the land is still under question,
so you would like them to be enjoined and to stop them
from entering the land, you cannot pray that before the
Court of Appeals, even if the case is filed in the Court of
Appeals. You should seek injunction before the Supreme
Court and that's an original action, an action for injunction
You can only file that before the Supreme Court. before the Supreme Court.
Members of the judiciary such as judges, justices, and

lawyers, attorneys. Lawyers are not under the jurisdiction
Certiorari, Prohibition, and Mandamus
of the Professional Regulation Commission (PRC). Lawyers
are under the Supreme Court.
Slide: Regarding certiorari, prohibition, and

REMEMBER: The constitutional bodies we mentioned
mandamus (Rule 65 petitions) per se, jurisdiction
whose acts are subject to the original, exclusive
can be exclusive or concurrent, depending on the
jurisdiction of the Supreme Court in the talking of
tribunal, board, or officer involved.
certiorari, prohibition and mandamus, is only the
COMELEC and COA. But if you examine the
Constitution, there are three Constitutional
QUESTION: I said before that certiorari, prohibition, Commissions there: Commission on Elections,
and mandamus is within the concurrent jurisdiction Commission on Audit, and the Civil Service
of the Supreme Court, Court of Appeals, and Regional Commission.
Trial Court. But why did we mention before in the
first number, that the Supreme Court has exclusive What about the CSC?
original jurisdiction? TAKE NOTE: The CSC was not part of the bodies we
mentioned earlier. CSC also can be a quasi-judicial
ANSWER, TAKE NOTE: They are talking of specific body because there are cases filed before it, but it is
bodies, such as the Court of Appeals, Court of Tax not included among those we enumerated where
Appeals, the COMELEC, the COA, Ombudsman, and you go straight to the Supreme Court if you file a
the Sandiganbayan. It is specific to those bodies. You certiorari or prohibition or mandamus.
have no choice but to go to the Supreme Court. They
are not concurrent with the CA and RTC. Thus, it Section 9 of B.P. 129, as amended by R.A. 7902.
depends on the tribunal, court, or officer involved. Jurisdiction. — The Court of Appeals shall exercise:
xxx
KEY TO REMEMBERING WHICH: (3) Exclusive appellate jurisdiction over all final
judgments, decisions, resolutions, orders or awards of
Determine if the tribunal is collegiate. If collegiate, Regional Trial Courts and quasi-judicial agencies,
exclusive with SC. If non-collegiate, concurrent. instrumentalities, boards or commissions, including the
Securities and Exchange Commission, the Social
Security Commission, the Employees Compensation
TIP: If the tribunal involved is collegiate, like those Commission and the Civil Service Commission, except
bodies (except the Ombudsman), the action shall be those falling within the appellate jurisdiction of the
brought to the Supreme Court because those specific Supreme Court in accordance with the Constitution,
bodies are at the same level as the Court of Appeals, the Labor Code of the Philippines under Presidential
and the Court of Appeals cannot, under the doctrine Decree No. 442, as amended, the provisions of this Act,
of non-interference or judicial stability, you cannot and of subparagraph (1) of the third paragraph and
annul the act of a co-equal body. If those specific subparagraph (4) of the fourth paragraph of Section 17
bodies are equal with the Court of Appeals, you of the Judiciary Act of 1948.
cannot bring the action to the Court of Appeals to
annul their decisions, orders, or acts. You have to go
to the Supreme Court. Slide: Remember that Section 7 of Article IX of the
Constitution provides “unless otherwise provided
EXCEPTION: Ombudsman. by this Constitution or by law”.
Certiorari versus COA and COMELEC Republic Act No. 7902 amended Section 9 of B.P.
129 and conferred exclusive appellate jurisdiction
Slide: Under the Constitution, there are three (3) over the judgments, decisions, resolutions, orders
Constitutional Commissions, namely: the or awards of the Civil Service Commission to the
Commission in Elections, the Commission on Audit, Court of Appeals.
and the Civil Service Commission.
HOW?
If these tribunals commit grave abuse of discretion ■ By a Petition for Review under Rule 43.
or act without jurisdiction, how will their actions
be reviewed? The governing rule is Article IX-A, The CSC can also be a quasi-judicial body because
Section 7 of the 1987 Constitution. there are cases filed before the CSC, but here, there
is no appeal of the decision of the CSC that can be

directly brought to the Supreme Court if you file a
To be technical about it, it is a certiorari brought under
petition for certiorari, prohibition or mandamus.
Rule 64 of the Rules of Court.
Why is that?
Rule 64 - REVIEW OF JUDGMENTS AND FINAL ORDERS
OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS
The governing rule is Article IX-A, Section 7 of the
AND THE COMMISSION ON AUDIT.
1987 Constitution:
Specific siya under Rule 64. Section 1, that is the

Article IX-A, Section 7 of the 1987 Constitution
scope.
xxx Unless otherwise provided by this Constitution or
by law, any decision, order, or ruling of each
However, under Section 2 of Rule 64: except as
Commission may be brought to the Supreme Court on
hereinafter provided..
certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.
Section 2. Mode of review. — A judgment or final
order or resolution of the Commission on Elections
So, sa Civil Service Commission actually, by law, there
and the Commission on Audit may be brought by the
is a subsequent law saying that the decisions of the
aggrieved party to the Supreme Court on certiorari
CSC kay sa Court of Appeals sa, not directly to the
under Rule 65, except as hereinafter provided. (n; Bar
Supreme Court. That is the reason.
Matter No. 803, 17 February 1998)
Now, in relation to the acts of the Constitutional
● Thus, certiorari against the COMELEC or the
Commissions, Section 7 says, “may be brought to the
COA is a 65 certiorari subject to the special
Supreme Court on certiorari by the aggrieved party
rules under Rule 64.
within thirty days from receipt of a copy thereof.”
Again, I already mentioned that out of the three: So, although it is subsumed under Rule 64, a
COA, COMELEC and CSC, ang nagpabilin lang na certiorari, but Rule 64 says, gamiton na to ang
diretso sa Supreme Court kay COA and COMELEC. procedure under Rule 65, except as hereinafter
Ang CSC by law, didto na sa Court of Appeals i-review provided. So, Rule 65 ang procedure na gamiton
or if you are talking of certiorari, didto gihapon. although subsumed siya under Rule 64.
Now, “may be brought to the Supreme Court on Now, regarding the CSC, going back, the Constitution
certiorari”, we have to clarify this also because the says, “unless otherwise provided by this Constitution
word “certiorari”, naa’y tulo ka rules diha nga mag- or by law”, I said that there is a law which provides
apply. Unsa na siya nga certiorari? otherwise, meaning dili diretso sa Supreme Court,
but sa Court of Appeals.
Note, however that, in a sense, there are three types
What is that law?
of certiorari:
That is Republic Act 7902, which amended Section 9
of BP 129. So, didto na siya sa Court of Appeals
1. Appeal by Certiorari to the SC under Rule 45;
regarding the CSC.
2. Special Civil Action for Certiorari under Rule
65;
3. The lesser known Rule 64 certiorari
So, I already mentioned that in CSC as provided by
RA 7902 that relief should be with the Court of
Q: What type of certiorari do we employ against the
Appeals, it is no longer to the Supreme Court.
COMELEC and COA?
What is the mode of the CSC to the CA? If its an
DISCUSSION: So, katong sa Supreme Court na ordinary appeal, its by petition for review under Rule
certiorari, which was mentioned regarding acts of 43.
the Comelec and the COA, which can be raised by
certiorari to the Supreme Court, unsa man klase nga Now going back to the three kinds of certiorari, we
certiorari? mentioned Rule 45, Rule 65 and the Rule 64.

Rule 45
Take note, however, of the dichotomy:
When you say Rule 45, this is a mode of review. It is
an appeal from a lower court and then to the ● When the law says “review on certiorari by
Supreme Court. The Supreme Court is actually the Supreme Court in accordance with Rule
reviewing the acts of the lower court. So, petition for 45 against the Sandiganbayan, it talks about
review on certiorari, that is Rule 45. That is to the an appeal. So, to be accurate, this is exclusive
Supreme Court. Rule 45 is only to the Supreme Court. appellate, not original jurisdiction.
Wala nay lain.
DISCUSSION: It means an appeal, exclusive appellate
Rule 65 jurisdiction, but diri pa man ta nagdiscuss sa original
exclusive jurisdiction of the Supreme Court. Ngano
Rule 65 is not an appeal. It is an original action. It is nag diretso man ko ug Rule 45?
an extraordinary remedy. You don’t review, although
in a sense gina review gud gihapon pero the SC or CA Here, kung ordinary appeal, sa decision sa
or RTC, because there is grave abuse of discretion Sandiganbayan, pwede siya maappeal to the
amounting to lack or excess of jurisdiction, it can Supreme Court under Rule 45 pero again kung naay
annul the acts of the lower court or tribunal. grave abuse of discretion amounting to lack or excess
of jurisdiction and that decision is not subject to
So, when you say Rule 65, although diba as we’ve appeal and there is no other plain and speedy
discussed, naay mga Rule 65 na walay laing remedy under the ordinary course of law, ang
paadtuan kundi kay SC, but then again, that’s remedy lang nimo is to certiorari under Rule 65.
because the body or the tribunal that we’re talking Supreme Court lang gihapon na siya because Rule 65
about is a collegiate court, so there is no other way is also in aid of the Sandiganbayan’s appellate
but to the SC. Pero ang certiorari under Rule 65 naay jurisdiction. Although again, it's an original action
cases na pwede concurrent si Supreme Court, CA or because you want to annul the acts of the
RTC. So, that’s Rule 65, certiorari. Sandiganbayan.
Rule 64
So, exclusive original jurisdiction over petitions for
certiorari involving acts or orders of the
Now, Rule 64, ang certiorari kato lang jud Comelec
Sandiganbayan.
and COA, which is also covered or the procedure that
we follow are also those under Rule 65. Court of Tax Appeals
Sandiganbayan
Section 19 of Republic Act 1125:
Let’s go to Sandiganbayan, which is also to the
Supreme Court, because it is a collegiate court which SEC. 19. Review by Certiorari. - A party adversely
is ka-level lang sa CA so, no other choice but to the affected by a decision or ruling of the CTA en banc may
Supreme Court. file with the Supreme Court a verified petition for
review on certiorari pursuant to Rule 45 of the 1997
SANDIGANBAYAN (PD 1606, RA 8249, AND RA 10660) Rules of Civil Procedure." (as amended by RA 9282)
● Section 7. XXX Decisions and final orders shall

Again, it says Rule 45, it’s means a review but again if
be subject to review on certiorari by the
we’re talking of grave abuse of discretion amounting
Supreme Court in accordance with Rule 45 of
to lack or excess of jurisdiction and there is no
the Rules of Court. The Supreme Court shall
appeal, kay naa man uban nga orders ang tribunal
decide any case on appeal promptly and
nga dili pwede ma-appeal, like dili pa siya final. Kay
without the necessity of placing it upon the
pag final na gani ang order or decision, meaning
regular calendar
there’s nothing for the court to do. Kana siya, appeal
ang remedy. Pero kung in the middle ka pa sa kaso,
naay mga orders nga gi-iisue nga naay grave abuse
of discretion, dili man ka pwede maka appeal ana
kay dili pa man siya final. So, what you do is original

action for certiorari under Rule 65. So, that’s Court of OMBUDSMAN IN CRIMINAL CASES
Tax Appeals to the Supreme Court under Rule 65.
Unlike decisions of the Office of the Ombudsman
Again, even if muingon pa ang Section 19 na Rule 45, in administrative cases where the Rules of
that is the ordinary appeal but in aid of its appellate Procedure of the Office of the Ombudsman
jurisdiction, you can elevate the order or act of the provides for a remedy of appeal to the court of
CTA under Rule 65 to the SC if the requisites are Appeals by way of a verified petition for review
present. under Rule 43 of the Rules of Court, there is no
specific appeal or remedy provided for resolutions
Once again, the dichotomy: or orders of the Office of the Ombudsman in
criminal and non-administrative cases which are
● When the law says “a verified petition for considered final and unappealable.
review on certiorari pursuant to Rule 45”
against the CTA, it talks about an appeal. So, In Ombudsman, I already mentioned this, and I made
to be accurate, this is exclusive appellate, not a distinction between administrative cases, non-
original, jurisdiction. administrative cases, and criminal cases. Again, balik
● So, same as the Sandiganbayan, if the CTA na pud ta because we will discuss it more
committed grave abuse of discretion, the exhaustively this time.
remedy can be certiorari under Rule 65 over
which the Supreme Court has exclusive If in Sandiganbayan, as to administrative cases, how
original jurisdiction. to review you go to the Court of Appeals in Rule 43
under the Rules of Court. Petition for Review is an
Pareha lang na siya, ang sa Sandiganbayan ug sa appeal.
CTA, the law says Rule 45 but that is an ordinary
appeal it doesn’t mean nga wala na kay remedy kung If criminal and non-administrative cases, these are
ang order sa Sandiganbayan or sa CTA not subject to final and executory therefore, there is no appeal.
appeal because again it is not yet final. Naa lang There is no other plain, speedy, and adequate
gihapon ka ug remedy, but this time, didto ka sa Rule remedy under the ordinary course of law so, what
65. Supreme Court gihapon kay dili man pwede nga, you have is an extraordinary remedy under Rule 65,
aside from the fact na walay lain na court higher that certiorari.
the CTA or higher than the Sandiganbayan but the
Supreme Court, but kung asa man gud ang appellate Ngano sa Supreme Court man? Nganong dili man sa
jurisdiction usually sa isa ka tribunal diha pud nimo Court of Appeals? Nganong dili man sa RTC? The
siya i-question if it is certiorari. That’s the meaning of basis here is RA No. 6770 or the Ombudsman Act.
“in aid of its appellate jurisdiction.” If it has
appellate jurisdiction over decisions of the CTA or Under RA 6770
over the decisions of the Sandiganbayan, it also has ● Section 14. Restrictions. — XXX No court
jurisdiction over a certiorari - original action as shall hear any appeal or application for
against the tribunal or body. remedy against the decision or findings of
the Ombudsman, except the Supreme
Court, on pure question of law.
DISCUSSION: So, sa Supreme Court lang sya dili siya

to any other court even if in the presence of the
Doctrine of Hierarchy of Courts.
So, this was actually mentioned in several cases and

assigned those cases to you, but I will just discuss the
case of Estrada vs. Desierto.

Estrada vs. Desierto Carpio-Morales vs. CA
G.R. No. 156160, Dec. 9, 2004 G.R. Nos. 217126-27, Nov. 10, 2015
The remedy of aggrieved parties from resolutions The second paragraph of Section 14, RA 6770
of the Office of the Ombudsman finding probable provides that no appeal or application for remedy
cause in criminal cases or non-administrative may be heard against the decision or findings of
cases, when tainted with grave abuse of discretion, the Ombudsman, with the exception of the
is to file an original action for certiorari (Rule 65) Supreme Court on pure questions of law.
with this Court and not with the Court of Appeals.
This paragraph, which the Ombudsman particularly
relies on in arguing that the CA had no jurisdiction
This involved the former President Estrada. So, gi file
over the main CA-G.R. SP No. 139453 petition, as it
ni siya sa Ombudsman. A Petition for Certiorari under
is supposedly this Court which has the sole
Rule 65 against the findings of the Ombudsman in
jurisdiction to conduct a judicial review of its
the criminal case gi ile sa Court of Appeals invoking
decisions or findings, is vague for two (2) reasons:
the hierarchy of courts. Because under BP Blg. 129,
the Court of Appeals has jurisdiction as well as the
(1) it is unclear what the phrase
Regional trial Court over Petitions for Certiorari
"application for remedy" or the word
under Rule 65. Except to those bodies under that
"findings" refers to; and
Constitution. So, they are invoking the hierarchy of
courts but again based on Section 14 of RA No. 6770,
(2) it does not specify what procedural
you will only have your remedy under the Supreme
remedy is solely allowable to this Court,
Court. You cannot have any other remedy.
save that the same be taken only against
a pure question of law.
The question now is what mode of review? Is it
appeal by certiorari under Rule 45 or original action
for certiorari under Rule 65 to question the findings
of the Ombudsman in criminal and non-
administrative cases? Take note also this case of Carpio-Morales vs. Court
of Appeals. Mao pud ning case nga nag-overturn sa
The rule on Ombudsman Act says that the rules in Aguinaldo Doctrine. Here, wala kaayo ni siya na
criminal and non-administrative cases are final and pansin no pero if you will read the case thoroughly
executory. You cannot appeal that pursuant to Rule everything there, the Supreme Court actually
45. As to rule 45, it is an ordinary appeal that declared as unconstitutional Section 14 of RA No.
presupposes that the decision is not yet final and 6770. It says that “no court shall hear any appeal or
executory but again the findings of the Ombudsman application for remedy against the decision or
is not appealable that is why you can only have findings of the Ombudsman, except the Supreme
certiorari under Rule 65. You cannot use Rule 45. Court, on pure question of law.”
As to Rule 45, that is still under the Supreme Court The Supreme Court said this paragraph, which the
but not that mode of review because it is an appeal. Ombudsman particularly relies on in arguing that the
So, Rule 65, thereby, no appeal, no other modes of CA had no jurisdiction over the main case petition, as
speedy and adequate remedy in the ordinary course it is supposedly this Court which has the sole
of law. jurisdiction ( Explanation of Ma’am Yangyang: kay
mao man jud na sa case ni Estrada vs. Desierto and
So, in that case, the Supreme court said your remedy all other cases before. If the Supreme Court, it is Rule
is to go to the Supreme Court under Section 14 of RA 65 because again of Section 14 of RA No. 6770) to
No. 6770 and not Rule 45 but Rule 65 because the conduct a judicial review of its decisions or findings,
decision you are assailing is final and executory. is vague for two (2) reasons:
(1) it is unclear what the phrase "application for

remedy" or the word "findings" refers to; and
(2) it does not specify what procedural remedy is

solely allowable to this Court, save that the same be

taken only against a pure question of law The task officer sa Ombudsman and criminal case. There was a
then, is to apply the relevant principles of statutory filing of probable cause. So here, kanang man gud sa
construction to resolve the ambiguity. Ombudsman after maka determine ug probable
cause ang Ombudsman next ana is magfile na sila
Explanation as to No. 2: Vague siya because depende kung if the salary grade is lower than 27 sa
even Rule 45 pure question of law gihapon trial court na ifile ang case pero kung grade 27 and up
siya but It’s an appeal. While Rule 65, if it is sa Sandiganbayan na siya. So, my client sa
going to the Supreme Court, it should also Sandiganbayan na pero I was also questioning the
be pure question of law because the filing of probable cause on the ground of grave abuse
Supreme Court is not trier of facts. So, even of discretion amounting to lack or excess of
if it’s a Petition for Certiorari before the jurisdiction.
Supreme Court, it is still limited on the legal
aspects of the grave abuse of discretion While the case was pending with the Sandiganbayan,
amounting to lack or excess of jurisdiction. I filed with the Supreme Court based on the case of
So, dili daw klaro ang Section 14 of RA Carpio-Morales vs. Court of Appeals. But surprisingly,
No.6770. even if I exhaustively discussed the history and the
case of Carpio, the Supreme Court decided again
citing the cases of Estrada and backwards. They did
Slide: The second paragraph of Section 14, RA 6770 ,
not even mention at all na dili applicable diri Carpio-
which attempts to effectively increase the Supreme
Morales. As in murag wala siya and wala siya ni
Court's appellate jurisdiction without its advice and
appear sa pleadings. So, natingala ko. Kinsa man ang
concurrence is unconstitutional and perforce, invalid.
researcher ani. Murag wala dyud na nagbasa and
wala dyud niya gi address at all.
Effect: Subject matter jurisdiction lies with the court
of Appeals, not with the Supreme Court.
So, nagfile ko ug motion for reconsideration and I
even filed a motion to refer the petition to the
Supreme Court en banc because my argument is that
The 2nd paragraph of Section 14 which attempts to this is a doctrine laid down in the case of Carpio-
effectively increase the Supreme Curt’s appellate Morales vs. Court of Appeals and it is decided by the
jurisdiction without its advice and concurrence is Supreme Court en banc. Then, you cannot overturn a
unconstitutional and invalid. Diba we discussed doctrine decided by the Supreme Court en banc
before limitations on the power of Congress that the because division lang man to ang nagdecide sa
Congress cannot increase, modify or decrease the Supreme Court.
appellate jurisdiction of the Supreme Court without
its advice and concurrence. So, I wanted the case to be elevated to the Supreme
Court en banc pero the Supreme Court division said
So, RA No. 6770 by making the remedy directly and no. The Supreme Court en banc is not an appellate
solely to the Supreme Court wala man nag-ingon ang court. So, wala. Gi deny. I don’t know in the
Supreme Court na okay ko ana wala man siya nag- subsequent cases basig mu ingon na pud na dapat sa
ingon gibutang nimo tanan where in fact in the Court of Appeals kay naa man ang case ni Carpio-
doctrine of hierarchy of courts pwede man unta na sa Morales vs. Court of Appeals so dapat dili ka sa
Court of Appeals, sa RTC so nganong sa Supreme Supreme Court.
Court? So, that’s why the Supreme Court, in this case,
decided en banc said that it is unconstitutional. So, I wanted to see unta if naa na ba ron katong case
namo. At that time, wala pa man pud to siya na
If you analyze that because, in this case, the Supreme publish so I’m looking forward for the copy of the
Court uphold that the subject matter of that publish decision which after na siya sa Capio-Morales
jurisdiction lies within the Court of Appeals and not vs. Court of Appeals kay unta sa akoang subsequent
with the Supreme Court. It was also Rule 65. cases n apud maggamit na to siya basig mu ingon
napud ang Supreme Court ko nga ngano sa akoa man
Following that case of Carpio-Morales vs. Court of nimo gi file dapat following the doctrine of hierarchy
Appeals, I myself had a personal experience. KAtong of courts sa Court of Appeals na under the case of
mga nabaik sa akoa you know that I discussed with Carpio-Morales vs. Court of Appeals.
you this before. I had a case also involving a public

So again, for me, kay dili man to en banc ang Lagman vs. Medialdea
nagdecide sa amoang case, I would still stick with the
ruling of the case Carpio-Morales vs. Court of Appeals
The SC said, the name of the petition is
na unconstitutional ang Section 14 of RA No. 6770.
(*inaudible 21:23-21:25) Deadman lang si Supreme
Petition for Review of the factual basis for the
Court division wala jud siya nagmention at all.
Mahappy unta ko kung nagmention lang man unta declaration of martial law or Petition for Review under
siya at sa Carpio-Morales vs. Court of Appeals. Wala the Third Paragraph of Section 18 of Article VII of the
jud murag gi copy paste ang desisyon uy samoka. But 1987 Constitution.
anyway, that is based on actual experience.
(not found in the rules of court)
Another case which is still within the exclusive
original jurisdiction….(end 21:50)
Another case that is within the original jurisdiction of 4. Disciplinary proceedings against
the Supreme Court members of the Philippine bar and the
judiciary.
2. Election contest involving the president
and the vice president
RULE 56-A ROC
Note: Kung naa na gani ni siya na election contest,
you cannot file that before any other tribunal, you Section 1. Original cases cognizable. — Only petitions
just file that with SOLELY AND ONLY with the for certiorari, prohibition, mandamus, quo warranto,
Supreme Court under Art 7, Sec 4. habeas corpus, disciplinary proceedings against
members of the judiciary and attorneys, and cases
affecting ambassadors, other public ministers and
ARTICLE VII Section 4 [1987] consuls may be filed originally in the Supreme Court.
xxx The Supreme Court, sitting en banc, shall be the

sole judge of all contests relating to the election, 5. Injunction in agrarian cases
returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the Section 20 of RA 9700, which amend Sec 55 of RA
purpose. 6557
3. Cases questioning the sufficiency of the "SEC. 55. No Restraining Order or Preliminary
factual basis of the proclamation of Injunction. — Except for the Supreme Court, no court
martial law and the suspension of the in the Philippines shall have jurisdiction to issue any
privilege of the writ of habeas corpus or restraining order or writ of preliminary injunction
the extension thereof against the PARC, the DAR, or any of its duly
authorized or designated agencies in any case, dispute
or controversy arising from, necessary to, or in
ARTICLE VII Section 18 [1987] connection with the application, implementation,
enforcement, or interpretation of this Act and other
xxx The Supreme Court may review, in an appropriate pertinent laws on agrarian reform."
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon
within thirty days from its filing. Note: you cannot file an injunction against the DAR
before any other court. It can only be with the SC.
Discussion: Ang question, it is an original action.

Unsa man ang pangalan sa case? Petition for what?

6. Injunction in any other laws or rules Kung mahuman na ang case, it now becomes a
mandatory injunction or prohibitory injunction. It is
There are still scattered laws saying na injunction, in no longer preliminary.
those cases, are to be filed exclusively and for the
first instance in the SC. Remember: Falling within the exclusive and original
jurisdiction of the SC, so wala kay choice only the SC.
Sec 78, RA 9136
CONCURRENT ORIGINAL
JURISDICTION
Section 78. Injunction and Restraining Order. - The
implementation of the provisions of this Act (Electric Concurrent Original – meaning, the Supreme Court
Power Industry Reform Act of 2001) shall not be has jurisdiction. It is an original case filed, and not an
restrained or enjoined except by an order issued by appeal. It is first filed in the court, but concurrent
the Supreme Court of the Philippines. with other courts.
What are these cases?

Discussion: You file directly to the SC. “Petition for
injunction” – name of the case. 1. CONCURRENT ORIGINAL JURISDICTION
WITH THE COURT OF APPEALS
Sec 3, RA 8975
- Petition for certiorari
- Petition for Prohibition
Section 3. Prohibition on the Issuance of Temporary - Petition for Mandamus
Restraining Orders, Preliminary Mandatory
Injunctions. – No court, except the Supreme Court, Remember: Concurrent siya, but with the Court of
shall issue any temporary restraining order, Appeals only.
preliminary injunction or preliminary mandatory
injunction against the government, or any of its Certiorari, Prohibition, and Mandamus gihapon, but
subdivisions, officials or any person or entity, whether now, we are talking of different bodies. Kaganina,
public or private acting under the government Supreme Court only. Now, Supreme Court AND Court
direction, to restrain, prohibit or compel certain acts in of Appeals.
relation to national government infrastructure
projects. REGIONAL TRIAL COURT
We are talking here about the acts of the RTC. Of

course, dili ta pwede mag certiorari sa RTC to annul
Rules 2, Sec 10 of Rules of Procedure in the act of another RTC, it has to be a higher body.
Environmental cases. That is why it is concurrent only to the CA.
Section 10. Prohibition against temporary restraining Going back, kung act gani sa CA, the SC lang pud. It is
order (TRO) and preliminary injunction. - Except the no longer concurrent with any other bodies.
Supreme Court, no court can issue a TRO or writ of
CIVIL SERVICE COMMISSION (under RA 7902)
preliminary injunction against lawful actions of
government agencies that enforce environmental laws Under RA 7902 if you are talking of appeal under Rule
or prevent violations thereof. 45, it is with the CA, not with the SC.
Diba wala na siya sa mga list sa constitutional

Note: A TRO and Injunction is a provisional remedy.
commissions na diretso siya Supreme Court because
Injunction could be a provisional remedy while the
Civil Service is Court of Appeals.
case is pending or it can be the main action. The
purpose of it is to stop the doing of an act if it is a
But as to certiorari, prohibition, and mandamus, sa
preliminary prohibitory injunction or to compel the
Court of appeals pwede pud sa Supreme Court kay
doing of an act if it is a preliminary mandatory
wala man gikuha sa SC ang authority to act on
injunction.
petitions for certiorari, prohibition, and mandamus

against the CSC, naa lang gihapon with respect to this Kinsa man ang naay jurisdiction over that?
extraordinary remedy. Naa gihapon concurrent pero
naa pud si CA pursuant to RA 7902, in aid of its Actually naay concurrent jurisdiction diha ang:
appellate jurisdiction. Kay ang appeal sa CSC kay Supreme Court ug Court of Appeals supposedly kay
didto na sa CA. again, wala man giwala sa Supreme Court ang
jurisdiction over petitions for certiorari, prohibition
Remember: if we are talking about appeal, under and mandamus sa mga quasi-judicial bodies. Naa
Rule 4, walay concurrent jurisdiction ang Supreme gihapon.
Court ug CA. Because in Appeal, dili ka pwede
mulaktaw imo jud ng subayon gikan sa RTC. BUT TAKE NOTE: Under the case of St. Martin
Funeral Homes vs. NLRC, you have to observe the
In CSC, kung ang appeal sa CSC is sa CA then didto doctrine of hierarchy of courts . Didto ka sa Court of
lang ka. Dili ka pwede mudiretso sa SC. But if you say Appeals ang imohang Rule 65.
certiorari, probihition, mandamus, original action na
siya. It is not an appeal so pwede ka sa CA or sa SC. Ayaw na mo pag-charchar later na ay pwede bitaw i-
argue na exception sya sa doctrine of hierarchy of
Again, in all these cases we observe the doctrine of courts. I’m sure i-dismiss na sa SC so didto gyud mo
hierarchy of courts. sa CA following the doctrine of hierarchy of courts.
Mao gyud na siya ang St. Martin Funeral Homes vs
Central Board of Assessment Appeals NLRC. Ayaw na mo pag-take og chance, go directly to
the Court of Appeals.
Under PD 464, BP 129, and RA 7902, didto na sila sa
Court of Appeal, ang appellate jurisdiction. That is
why ang certiorari, pwede pud nimo ma file sa CA
concurrent with the SC. SLIDE: Concurrent original jurisdiction with the
Court of Appeals and the Regional Trial Court in
Another principle of concurrent jurisdiction aside petitions for certiorari, prohibition and mandamus
from the doctrine of hierarchy of courts, if you file a against lower courts and bodies, and in petitions
case with one court, na naay concurrent (RTC, CA, for quo warranto and habeas corpus. This
SC), kung ni file na gani ka sa isa, that court exercises jurisdiction is subject to the doctrine of hierarchy
jurisdiction to the exclusion of all other courts. of courts (Sections 9 (1), 21 (1), BP Blg 129, Art 8,
Sec 5 1987 Constitution)
National Labor Relations Commission
About labor cases. NLRC is a collegiate body. SLIDE: Concurrent original jurisdiction with the RTC
in cases affecting ambassadors, public ministers
If you have a case, for example, illegal dismissal; and consuls (Sec 21(2), BP Blg 129, Art 8 Sec 5
claims for damages arising from EE-ER; illegal strike; 1987 Constitution)
petition to declare illegal strike etc; where will we file
these cases? Labor Arbiters of NLRC.
Discussion: Diba namention nato sya sa Constitution
If, for example, the labor arbiter will decide, then you
na naay jurisdiction ang SC but this is actually shared
are aggrieved and walay Motion for Reconsideration
with the RTC. Because ang katong sa RTC naa ni sya
sa labor arbiter. You go directly to the NLRC, you file
sa BP Blg 129 Sec 21 (2) na naa pud jurisdiction ang
an appeal there.
RTC in cases affecting ambassadors, public ministers,
and consuls. Pero si SC naman under Art. 8 Sec 5 of
Kung naa nay decision ang NLRC, you can file a
the 1987 constitution, naa pud siyay original
motion for reconsideration but after that, final and
jurisdiction over cases affecting ambassadors public
executory na ang decision sa NLRC.
ministers and consuls . Meaning, concurrent ang
ilahang jurisdiction. We are talking about original
Does it mean na wala na kay remedy? Pildi na gyud
actions, not an appeal, so you file it for the first time.
ka? No. You can still question it BY PETITION FOR
CERTIORARI citing grave abuse of discretion
PETITION FOR THE WRIT OF KALIKASAN (With CA)
amounting to lack or excess of jurisdiction - RULE 65.

● The Writ is a remedy available to a natural neglect to perform the duties of the
or juridical person, entity authorized by law, respondent, under the law, rules or
people’s organization, non governmental regulations.
organization, or any public interest group
accredited by or registered with any ● CONTINUING MANDAMUS - To compel the
government agency on behalf of persons doing of an act and to seek for damages
whose constitutional rights to a balanced because of the neglect of the doing of an act
and healthful ecology is violated or
threatened with violation by an unlawful act - So it is concurrent with the SC and CA pero
or omission of a public official or employee apil gihapon ang RTC ani sa Writ of
or private individual or entity involving Continuing Mandamus.
environmental damage of such magnitude
as to prejudice the life, health, or property HABEAS CORPUS with RTC and CA
of inhabitants in two or more cities or ● For example naay nawala, gideprive of his
provinces, constitutional right to a balance liberty, is under restraint, you can file a
and healthful ecologies. petition for habeas corpus to direct those
person/s having custody of the person or
- This act of the government, for example who are restraining another of his liberty to
official or entity, will cause environmental explain under what authority are you
damage nga dako kaayo og magnitude - holding this person.
involving two or more territories, cities, or ● It can also be used in custody cases.(naa kay
municipalities. So you seek for a Writ of illegitimate child na ang custody dapat sa
Kalikasan. mother, gidala sa imohang BF or iyahang
papa didto, you want to get the custody of
- Where? You can go to the SC or the CA. the child and the faster way is to file a writ
of habeas corpus)
WRIT OF CONTINUING MANDAMUS (With RTC and ● Ang jurisdiction ana is concurrent with the
CA) SC, CA, RTC
● Actually concurrent pud siya sa CA. Here it is WRIT OF AMPARO

to compel. You are compelling the doing of
an act. ● Concurrent with the RTC, Sandiganbayan,
and CA
● Mandamus- When any agency or ● When there is a violation of constitutional
instrumentality of the government or officer rights, enforced disappearances,
thereof unlawfully neglects the performance extrajudicial killings, etc, you use the writ of
of an act which the law specifically enjoins amparo
as a duty resulting from an office, trust or ● You can file that with the CA,
station in connection with the enforcement Sandiganbayan, RTC, also concurrently, with
or violation of an environmental law rule or the SC
regulation or a right therein, or unlawfully
excludes another from the use or enjoyment
DECEMBER 9, 2020 - ZOOM
of such right and there is no other plain,
speedy and adequate remedy in the
So we discussed last meeting the jurisdiction of the
ordinary course of law, the person aggrieved
Supreme Court. We are now in the concurrent
thereby may file a verified petition in the
[original jurisdiction] because we are already finished
proper court, alleging the facts with
with the exclusive original jurisdiction of the SC.
certainty, attaching thereto supporting
evidence, specifying that the petition
So last time we discussed concurrent original
concerns an environmental law, rule or
jurisdiction with the CA and the RTC in petitions for
regulation, and praying that judgment be
certiorari, prohibition, and mandamus, and against
rendered commanding the respondent to do
lower courts and bodies and in petitions for quo
an act or series of acts until the judgment is
warranto and habeas corpus. We will discuss those
fully satisfied, and to pay damages sustained
later more exhaustively. Also, concurrent jurisdiction
by the petitioner by reason of the malicious

with the RTC in cases affecting ambassadors, public consuls? We have what we call diplomatic immunity.
ministers, and consuls. We will discuss that also. They are not subject to the jurisdiction of the courts
receiving them/of the receiving state.
Petition for Writ of Kalikasan with the CA. Petition for
writ of continuing mandamus with the RTC and the For example, here we have the consul or ambassador
CA. Habeas Corpus with the RTC and CA. And then of the U.S. There is what we call diplomatic
Writ of Amparo with the RTC, Sandiganbayan, and immunity. So they cannot be sued, but in some cases
CA. Again, we are talking about the Supreme Court’s where they waive their diplomatic immunity, which
original concurrent jurisdiction. means they can now be sued, here the jurisdiction is
with the RTC or the SC.
Cases affecting Ambassadors, Public Supreme Court, pwede siya original because naa man
Ministers, and Consuls gud na siya’y international repercussions ang mga
cases involving these officials. That’s why kung baga
Here, ang SC, ang concurrent jurisdiction, original pa sa importance, they are important cases because
with the RTC. Ang SC na jurisdiction over cases their effects are not only felt within the Philippines
affecting Ambassadors, Public Ministers and Consuls, but also where these officers, diplomats, or consuls
we will find that in Article 8, Section 5 of the 1987 originate. So there are international consequences.
Constitution.
Writ of Kalikasan
Article 8, Section 5, 1987 Constitution.
The Supreme Court shall have the following
Now we mentioned also the Writ of Kalikasan. The SC
powers:
has original and concurrent jurisdiction over petitions
(1) Exercise original jurisdiction over cases
for Writ of Kalikasan. This is a special civil action. You
affecting ambassadors, other public ministers
will discuss this in your Special Civil Actions.
and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and
So here, under Section 3, Rule 7 of the Rules of
habeas corpus.
Procedure for Environmental Cases (Administrative
Matter No. 09-6-8-SC):
We mentioned that last meeting. Kaning sa RTC
naman, gi-confer pud siya ug jurisdiction over these
Rule 7, Section 3. Where to file. - The petition shall
cases under Section 21, paragraph 2 of Batas
be filed with the Supreme Court or with any of the
Pambansa Blg. 129.
stations of the Court of Appeals.
Section 21. Original jurisdiction in other cases. –

So concurrent sila. This is the basis for that. Although
Regional Trial Courts shall exercise original
you will discuss this more on your Special Civil
jurisdiction:
Actions.
(2) In actions affecting ambassadors and other
public ministers and consuls.
Writ of Continuing Mandamus
Original gihapon, meaning you can file these cases
for the first time before the RTC. It’s not a This is under Rule 8 also from the Rules of Procedure
continuation of another case before a lower court, for Environmental Cases:
but originally filed before the RTC. So silang duha ni
SC, they have the same original but concurrent
Rule 8, Section 2. Where to file the petition. - The
jurisdiction.
petition shall be filed with the Regional Trial Court
exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with
Diplomatic Immunity the Court of Appeals or the Supreme Court.
Did you already discuss this in your political or
international law? About diplomats, ambassadors,

So again, by special law, jurisdiction is concurrent
original - SC, CA, RTC. For example: Davao City, Region 11 Judicial Region,
the writ of habeas corpus cannot be extended to the
National Capital Region. But if it’s the SC and CA
Habeas Corpus which issued it, nationwide ang coverage sa writ of
habeas corpus. So anywhere.
I already mentioned what is the nature of a habeas
corpus proceeding. It is actually a special proceeding.
So katong when a person has been deprived of his Family Courts Act of 1997 (R.A. No. 8369)
liberty, you file a petition for habeas corpus. Or when
you want to recover custody. Illegal confinements or Here, there is also a mention of the petition for
detentions. This is the petition that you file – habeas habeas corpus.
corpus, under Rule 102, Section 1 of the Rules of
Court. Again, this is governed by the Rules on Special
Section 5. Jurisdiction of family Courts. - The
Proceedings. But we are just talking about the
Family Courts shall have exclusive original
jurisdiction of the SC.
jurisdiction to hear and decide the following cases:
(b) Petitions for guardianship, custody of
Rule 102, Section 1. To what habeas corpus children, habeas corpus in relation to the latter;
extends. — Except as otherwise expressly provided
by law, the writ of habeas corpus shall extend to
Now there’s a case here – the case of Madriñan v.
all cases of illegal confinement or detention by
Madriñan.
which any person is deprived of his liberty, or by
which the rightful custody of any person is
withheld from the person entitled thereto.
Under Section 2, who can grant the writ of habeas

corpus?
Rule 102, Section 2. Who may grant the writ. —

The writ of habeas corpus may be granted by the
Supreme Court, or any member thereof in the
instances authorized by law, and if so granted it
shall be enforceable anywhere in the Philippines,
and may be made returnable before the court or
any member thereof, or before a Court of First
Instance, or any judge thereof for the hearing and
decision on the merits. It may also be granted by a
Court of First Instance, or a judge thereof, on any
day and at any time, and returnable before
himself, enforceable only within his judicial district.
It may be granted by the SC or any member thereof;

or by the CA or any member thereof; actually also by
the Court of First Instance (CFI). When you say CFI,
this is the RTC. Mao ni sila ang jurisdiction. So you
can file before any of these courts, but habeas
corpus.
There’s a difference because when you say habeas

corpus which is filed before the RTC, ang jurisdiction
sa RTC regarding the writ of habeas corpus is only
within the territorial jurisdiction of that court.

Madriñan v. Madriñan Under RA 8369, Family Courts are vested with
G.R. No. 159374. July 12, 2007. original exclusive jurisdiction in custody cases, but
not in habeas corpus cases. The petition for writ of
Facts: The husband left the conjugal abode and habeas corpus is different from a petition for
took the three sons away from the wife. So the custody; a writ of habeas corpus is only a
wife filed a petition for habeas corpus to recover supplement. Writs of habeas corpus, which may be
custody of the three sons, alleging that the issued by the Family Courts under said law, pertain
husband’s act of leaving the conjugal dwelling and to the ancillary remedy that may be availed of in
going to Albay and Laguna (while bringing their conjunction with the petition for custody of minors
three sons along with him) disrupted the under Rule 99 of the Rules of Court.
education of their children and deprived them of
their mother’s care. In her petition, she prayed
that her husband be ordered to appear and In Madriñan v. Madriñan, the Supreme Court said it
produce the sons before the court and explain why was proper for the wife to file the case before the
they should not be returned to her custody. That is Court of Appeals because the husband transferred
the nature of a writ: to inquire into the legality of places (first to Albay then to Laguna), which had
the cause of detention. So the husband should be different territorial jurisdictions. What would happen
able to explain that he has grounds to remain in to the petition if it is filed with a Regional Trial Court
custody of the children and why it should not be acting as a Family Court in Albay and then the
given to the wife. husband transfers to Laguna and then to Davao? So it
was proper to have filed it with the Court of
The petition for habeas corpus was filed by the Appeals, as the writ issued is enforceable
wife before the Court of Appeals. nationwide. The wife does not need to file every now
and then each time the husband would transfer to a
The husband questioned the jurisdiction of the different territorial jurisdiction. Hence, it was proper
Court of Appeals on the ground that with the for the petition to have been filed with the Court of
enactment of RA 8369, it is very clear that the Appeals.
Regional Trial Courts acting as Family Courts have
exclusive original jurisdiction to hear and decide
petitions for habeas corpus. APPELLATE JURISDICTION OF THE
SUPREME COURT
Issue: Whether or not RA 8369 deprives the Court
of Appeals and the Supreme Court of their Appellate jurisdiction - where there is already a
jurisdiction over habeas corpus cases involving pending case and it is just elevated to the Supreme
custody of minors. NO. Court for review. It is just a continuation of the
proceedings already started with the lower court but
Decision: RA 8369 did not divest the Court of because the aggrieved party believes there is an error
Appeals and the Supreme Court of their committed by the court a quo then he appeals to the
jurisdiction over habeas corpus cases involving Supreme Court.
custody of minors. RA 8369 reveals no manifest
intent to revoke the jurisdiction of the Court of What are those cases within the exclusive appellate
Appeals and the Supreme Court over petitions for jurisdiction of the Supreme Court?
the issuance of writ of habeas corpus. RA 8369
must be read in harmony with the provisions of RA See Article VIII, Section 5(2) of the 1987 Constitution:
7902 holding that Family Courts have concurrent
jurisdiction with the Court of Appeals and the (2) Review, revise, reverse, modify, or affirm on
Supreme Court in petitions for habeas corpus appeal or certiorari, as the law or the Rules of Court
where the custody of minors is at issue. may provide, final judgments and orders of lower
courts in:
It does not mean that when custody of minors is
involved, that you would be limited to Family (a) All cases in which the constitutionality or validity
Courts. The Court of Appeals and the Supreme of any treaty, international or executive agreement,
Court still retain concurrent jurisdiction. law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.

Rule 45. Appeal by Certiorari to Supreme Court
(b) All cases involving the legality of any tax, impost,
Section 1. Filing of petition with Supreme Court. —
assessment, or toll, or any penalty imposed in
A party desiring to appeal by certiorari from a
relation thereto.
judgment or final order or resolution of the Court
of Appeals, the Sandiganbayan, the Regional Trial
- Tax ordinances: for example, the local
Court or other courts whenever authorized by law,
government imposes a toll fee on large
may file with the Supreme Court a verified petition
trucks reaching a certain weight before they
for review on certiorari. The petition shall raise
are allowed to pass through the locality. If
only questions of law which must be distinctly set
you want to question such an ordinance,
forth. (1a, 2a)
you can do so with the Regional Trial Court,
and then on appeal, with the Supreme
Section 2. Time for filing; extension. — The petition
Court.
shall be filed within fifteen (15) days from notice of
the judgment or final order or resolution appealed
(c) All cases in which the jurisdiction of any lower
from, or of the denial of the petitioner's motion for
court is in issue.
new trial or reconsideration filed in due time after
notice of the judgment. On motion duly filed and
- This does not pertain to a petition for
served, with full payment of the docket and other
certiorari on grave abuse of discretion
lawful fees and the deposit for costs before the
amounting to lack or excess of jurisdiction.
expiration of the reglementary period, the
This pertains to no jurisdiction. Here, a case
Supreme Court may for justifiable reasons grant an
was filed before the RTC but the RTC has no
extension of thirty (30) days only within which to
jurisdiction because the money claim was
file the petition. (1a, 5a)
P200,000 (it should be filed with the MTC).
Section 3. Docket and other lawful fees; proof of
All criminal cases in which the penalty imposed is
service of petition. — Unless he has theretofore
reclusion perpetua or higher, if the accused is
done so, the petitioner shall pay the corresponding
convicted, diretso na sya sa SC.
docket and other lawful fees to the clerk of court
of the Supreme Court and deposit the amount of
Pero pag death penalty, there is no need for the
P500.00 for costs at the time of the filing of the
accused to file an appeal - it is automatically
petition. Proof of service of a copy, thereof on the
reviewed by the SC.
lower court concerned and on the adverse party
shall be submitted together with the petition. (1a)
[All cases in which only an error or question of law is
involved, we will discuss this more exhaustively.]
Section 4. Contents of petition. — The petition
*wala na napadayon
shall be filed in eighteen (18) copies, with the
original copy intended for the court being
To be more specific, the SC has appellate jurisdiction
indicated as such by the petitioner and shall (a)
by way of petition for review on certiorari against the
state the full name of the appealing party as the
CA, Sandiganbayan, and RTCs.
petitioner and the adverse party as respondent,
Appeal to the SC
without impleading the lower courts or judges
thereof either as petitioners or respondents; (b)
This is different from an extraordinary remedy or indicate the material dates showing when notice of
original action because when it is, for example an the judgment or final order or resolution subject
extraordinary remedy or original action, it is not just thereof was received, when a motion for new trial
a continuation of the proceedings in the courts or reconsideration, if any, was filed and when
below. Lahi jud na sya, you file that originally before notice of the denial thereof was received; (c) set
the SC. But here, it is an appeal. So pwede na gikan forth concisely a statement of the matters
ka sa MTC, then RTC, to CA, and last sa SC. Pag npildi involved, and the reasons or arguments relied on
napud ka, wa nakay pag-asa. for the allowance of the petition; (d) be
accompanied by a clearly legible duplicate original,
What is the mode of review? or a certified true copy of the judgment or final
order or resolution certified by the clerk of court of

the court a quo and the requisite number of plain
copies thereof, and such material portions of the Section 8. Due course; elevation of records. — If
record as would support the petition; and (e) the petition is given due course, the Supreme
contain a sworn certification against forum Court may require the elevation of the complete
shopping as provided in the last paragraph of record of the case or specified parts thereof within
section 2, Rule 42. fifteen (15) days from notice. (2a)
Section 5. Dismissal or denial of petition. — The Section 9. Rule applicable to both civil and criminal
failure of the petitioner to comply with any of the cases. — The mode of appeal prescribed in this
foregoing requirements regarding the payment of Rule shall be applicable to both civil and criminal
the docket and other lawful fees, deposit for costs, cases, except in criminal cases where the penalty
proof of service of the petition, and the contents imposed is death, reclusion perpetua or life
of and the documents which should accompany imprisonment. (n)
the petition shall be sufficient ground for the
dismissal thereof.
The Supreme Court may on its own initiative deny Rule 65 is different.
the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for
Rule 65. Certiorari, Prohibition, and Mandamus
delay, or that the questions raised therein are too
unsubstantial to require consideration. (3a) Section 1. Petition for certiorari. — When any
tribunal, board or officer exercising judicial or
Section 6. Review discretionary. — A review is not quasi-judicial functions has acted without or in
a matter of right, but of sound judicial discretion, excess its or his jurisdiction, or with grave abuse of
and will be granted only when there are special discretion amounting to lack or excess of
and important reasons thereof. The following, jurisdiction, and there is no appeal, or any plain,
while neither controlling nor fully measuring the speedy, and adequate remedy in the ordinary
court's discretion, indicate the character of the course of law, a person aggrieved thereby may file
reasons which will be considered: a verified petition in the proper court, alleging the
(a) When the court a quo has decided a question facts with certainty and praying that judgment be
of substance, not theretofore determined by the rendered annulling or modifying the proceedings
Supreme Court, or has decided it in a way probably of such tribunal, board or officer, and granting
not in accord with law or with the applicable such incidental reliefs as law and justice may
decisions of the Supreme Court; or require.
(b) When the court a quo has so far departed from
the accepted and usual course of judicial The petition shall be accompanied by a certified
proceedings, or so far sanctioned such departure true copy of the judgment, order or resolution
by a lower court, as to call for an exercise of the subject thereof, copies of all pleadings and
power of supervision. (4a) documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as
Section 7. Pleadings and documents that may be provided in the third paragraph of section 3, Rule
required; sanctions. — For purposes of 46. (1a)
determining whether the petition should be
dismissed or denied pursuant to section 5 of this Section 2. Petition for prohibition. — When the
Rule, or where the petition is given due course proceedings of any tribunal, corporation, board,
under section 8 hereof, the Supreme Court may officer or person, whether exercising judicial,
require or allow the filing of such pleadings, briefs, quasi-judicial or ministerial functions, are without
memoranda or documents as it may deem or in excess of its or his jurisdiction, or with grave
necessary within such periods and under such abuse of discretion amounting to lack or excess of
conditions as it may consider appropriate, and jurisdiction, and there is no appeal or any other
impose the corresponding sanctions in case of plain, speedy, and adequate remedy in the
non-filing or unauthorized filing of such pleadings ordinary course of law, a person aggrieved thereby
and documents or non-compliance with the may file a verified petition in the proper court,
conditions therefor. (n) alleging the facts with certainty and praying that

judgment be rendered commanding the its appellate jurisdiction. If it involves the acts or
respondent to desist from further proceedings in omissions of a quasi-judicial agency, unless
the action or matter specified therein, or otherwise provided by law or these Rules, the
otherwise granting such incidental reliefs as law petition shall be filed in and cognizable only by the
and justice may require. Court of Appeals.
The petition shall likewise be accompanied by a No extension of time to file the petition shall be
certified true copy of the judgment, order or granted except for compelling reason and in no
resolution subject thereof, copies of all pleadings case exceeding fifteen (15) days. (4a) (Bar Matter
and documents relevant and pertinent thereto, No. 803, 21 July 1998; A.M. No. 00-2-03-SC)
and a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule Section 5. Respondents and costs in certain cases.
46. (2a) — When the petition filed relates to the acts or
omissions of a judge, court, quasi-judicial agency,
Section 3. Petition for mandamus. — When any tribunal, corporation, board, officer or person, the
tribunal, corporation, board, officer or person petitioner shall join, as private respondent or
unlawfully neglects the performance of an act respondents with such public respondent or
which the law specifically enjoins as a duty respondents, the person or persons interested in
resulting from an office, trust, or station, or sustaining the proceedings in the court; and it shall
unlawfully excludes another from the use and be the duty of such private respondents to appear
enjoyment of a right or office to which such other and defend, both in his or their own behalf and in
is entitled, and there is no other plain, speedy and behalf of the public respondent or respondents
adequate remedy in the ordinary course of law, affected by the proceedings, and the costs
the person aggrieved thereby may file a verified awarded in such proceedings in favor of the
petition in the proper court, alleging the facts with petitioner shall be against the private respondents
certainty and praying that judgment be rendered only, and not against the judge, court, quasi-
commanding the respondent, immediately or at judicial agency, tribunal, corporation, board,
some other time to be specified by the court, to do officer or person impleaded as public respondent
the act required to be done to protect the rights of or respondents.
the petitioner, and to pay the damages sustained
by the petitioner by reason of the wrongful acts of Unless otherwise specifically directed by the court
the respondent. where the petition is pending, the public
respondents shall not appear in or file an answer
The petition shall also contain a sworn certification or comment to the petition or any pleading
of non-forum shopping as provided in the third therein. If the case is elevated to a higher court by
paragraph of section 3, Rule 46. (3a) either party, the public respondents shall be
included therein as nominal parties. However,
Section 4. When and where petition filed. — The unless otherwise specifically directed by the court,
petition shall be filed not later than sixty (60) days they shall not appear or participate in the
from notice of the judgment, order or resolution. proceedings therein. (5a)
In case a motion for reconsideration or new trial is
timely filed, whether such motion is required or Section 6. Order to comment. — If the petition is
not, the sixty (60) day period shall be counted from sufficient in form and substance to justify such
notice of the denial of said motion. process, the court shall issue an order requiring
the respondent or respondents to comment on the
The petition shall be filed in the Supreme Court or, petition within ten (10) days from receipt of a copy
if it relates to the acts or omissions of a lower thereof. Such order shall be served on the
court or of a corporation, board, officer or person, respondents in such manner as the court may
in the Regional Trial Court exercising jurisdiction direct together with a copy of the petition and any
over the territorial area as defined by the Supreme annexes thereto.
Court. It may also be filed in the Court of Appeals
whether or not the same is in aid of its appellate In petitions for certiorari before the Supreme
jurisdiction, or in the Sandiganbayan if it is in aid of Court and the Court of Appeals, the provisions of

Rule 65 is really certiorari, a petition for certiorari -
section 2, Rule 56, shall be observed. Before giving an original action.
due course thereto, the court may require the
respondents to file their comment to, and not a What we are talking about here is Rule 45 because
motion to dismiss, the petition. Thereafter, the we are talking now of appellate jurisdiction of the SC.
court may require the filing of a reply and such
other responsive or other pleadings as it may If there is error in the action, judgement, or orders of
deem necessary and proper. (6a) the CA, there is no other venue to elevate but to the
SC because only the SC has the exclusive power of
Section 7. Expediting proceedings; injunctive relief. review over CAs decision.
— The court in which the petition is filed may issue
orders expediting the proceedings, and it may also Sandiganbayan
grant a temporary restraining order or a writ of Decisions of the Sandiganbayan, SC jud na because
preliminary injunction for the preservation of the Sandiganbayan and CA has the same level. But again
rights of the parties pending such proceedings. The when we say Sandiganbayan, what is involved are
petition shall not interrupt the course of the public officers with SG27 and higher - any appeal
principal case unless a temporary restraining order should be to the SC.
or a writ of preliminary injunction has been issued
against the public respondent from further Regional Trial Court
proceeding in the case. (7a) Not all decisions of the RTC are appealable to the SC.
There are just specific cases na you do not need to go
Section 8. Proceedings after comment is filed. — through the CA but directly to the SC.
After the comment or other pleadings required by
the court are filed, or the time for the filing thereof What are these cases?
has expired, the court may hear the case or require (Need not appeal to the CA; Appeal directly to SC)
the parties to submit memoranda. If after such * Cases na even if RTC ang nag decide, you do not file
hearing or submission of memoranda or the an appeal with the CA but directly with the SC.
expiration of the period for the filing thereof the
court finds that the allegations of the petition are 1. Pure questions of law (*but not all)
true, it shall render judgment for the relief prayed - Pure questions of law regarding
for or to which the petitioner is entitled. decisions of the RTC rendered by
the RTC in the exercise of its
The court, however, may dismiss the petition if it original jurisdiction
finds the same to be patently without merit,
prosecuted manifestly for delay, or that the (Explanation: The case originated from the RTC but
questions raised therein are too unsubstantial to you want to appeal - not regarding the factual issues
require consideration. kay okay na ka ato. Pure question of law ra gyud
imohang i-assail because the law is applied
Section 9. Service and enforcement of order or wrongfully. So here, deretso naka sa SC. Kung mu-file
judgment. — A certified copy of the judgment ka sa CA, mali na, it is not even a doctrine of
rendered in accordance with the last preceding hierarchy of courts na question. We are talking of
section shall be served upon the court, quasi- appeal here ha from the decision of the RTC. Lahi ang
judicial agency, tribunal, corporation, board, certiorari as an original action - you are assailing the
officer or person concerned in such manner as the judgment of the RTC for being issued with GADALEJ.
court may direct, and disobedience thereto shall Kato, pwede sa SC, pwede sa CA but subject to the
be punished as contempt. An execution may issue doctrine of hierarchy of courts.)
for any damages or costs awarded in accordance
with section 1 of Rule 39. (9a) What if there is also a factual issue?
So mixed questions of fact and law - original
jurisdiction gihapon sa RTC. Where do you appeal?
DISCUSSION: You appeal to the CA.
Rule 45 is a petition for review on certiorari - that is

appeal.

But how about if it is decided by the RTC in the Appeals also. So, the CA and the SC have concurrent
exercise of its appellate jurisdiction and you are appellate jurisdiction in such cases.
raising only pure questions of law?
For example there is an unlawful detainer case from
Slide: EXAMPLE: Suppose that a party is aggrieved
the MTC but napildi so nag appeal sa RTC then napildi
by the decision of the Court of Appeals and avers
usab. Now you are raising only pure legal questions
that the same was tainted by grave abuse of
of law. You appeal to the CA because the decision
discretion amounting to lack or excess of
rendered by the RTC is in the exercise of its appellate
jurisdiction. What is his remedy?
jurisdiction.
ANSWER: A special civil action for certiorari under
Note:
Rule 65 before the Supreme Court.
Only decisions rendered by the RTC in the exercise
● Note that if a party avails of this remedy,
of its original jurisdiction are appealable directly to
he is invoking the original jurisdiction of
the SC under Rule 45.
the Supreme Court.
● This remedy is not an appeal. It is not
Slide: ON WHAT? considered a continuation of the case
● On pure questions of law (Sec. 1, Rule 45); before the Court of Appeals and is an
● In cases involving the constitutionality or original case filed before the Supreme
validity of a law or treaty, international or Court.
executive agreement, presidential decree,
proclamation, order, instruction,
In this example, there is no question that it should be
ordinance or regulation, legality of a tax,
filed with the Supreme Court. What should be
impost, assessment, toll or penalty;
identified is the remedy or recourse that the
● In cases involving the jurisdiction of a
aggrieved party should file with the SC on whether it
lower court (Sec. 5, Art. VIII, 1987
should be under Rule 45 or under Rule 65.
Constitution);
Again, directly appealed to the Supreme Court. If it is grave abuse of discretion amounting to lack or
excess of jurisdiction, (and please remember, if there
COURT OF TAX APPEALS IN ITS DECISION RENDERED is no appeal and there is no plain, speedy, and
EN BANC adequate remedy under the ordinary course of law)
● If decided En Banc, appeal directly with the the remedy should be that under Rule 65 before the
Supreme Court. Under RA 9282. Supreme Court.
● If it is only rendered by a Division of the Even if there is grave abuse of discretion but there is
Court of Tax Appeals, the appeal should be an appeal provided for by law, like it’s a final
filed with the Court of Tax Appeals En Banc. judgment of the Court of Appeals, a final order or
final judgment can be appealed, it should not be
under Rule 65. It should be under Rule 56.
REPUBLIC ACT NO. 9851
Philippine Act on Crimes Against International
❖ INTERLOCUTORY ORDER – an order which is
Humanitarian Law, Genocide, and Other Crimes
not yet final, but there is an incidental
Against Humanity
question; for example, a case resolved by
Section 18. Philippine Court, Prosecutors and
the Court of Appeals but it does not finally
Investigators. – The Regional Trial Court of the
dispose of the case, there will still be
Philippines shall have original and exclusive jurisdiction
proceedings after such order.
over the crimes punishable under this Act. Their
judgments may be appealed or elevated to the Court of
If it is an interlocutory order of the Court of Appeals
Appeals and to the Supreme Court as provided by law.
that is being questioned, such cannot be appealed, so
the remedy is certiorari under Rule 65 if there is
Under this law, you may appeal or elevate judgments grave abuse of discretion amounting to lack or excess
by the RTC to the Supreme Court. However, the of jurisdiction. An original action.
Supreme Court does not have exclusive appellate
jurisdiction. Under Sec. 18, such judgments by the
Slide: EXAMPLE: Suppose that a party is aggrieved
RTC may be appealed or elevated to the Court of

by the decision of the Court of Appeals but there quasi-judicial bodies are frontally inconsistent with
was a simple error in judgment that he cannot say the findings of the Court of Appeals.
that there was a grave abuse of discretion
This is the exception where the findings of facts of
amounting to lack or excess of jurisdiction. What is
the trial court are diametrically opposed with the
his remedy?
findings of facts of the Court of Appeals. This is when
ANSWER: The aggrieved party may appeal under
the Supreme Court, as the final arbiter, will examine
Rule 45 before the Supreme Court.
the factual issues.
● Note that this appeal is just a
continuation of the case before the Court
When is a matter factual question or a legal
of Appeals.
question?
Another difference:
If it is an original action for certiorari (Rule 65), like

filed with the Supreme Court, you need to attach in
your petition for certiorari certified true copies of the
judgment and the order which is the subject of the
petition. The records of the case should be attached
with the petition.
But with Rule 45, not necessarily. If the Supreme

Court gives due course with your appeal, it will order
the RTC or CA or any Court whose decision is the
subject of the appeal to elevate the records of the
case to the SC.
In Rule 45, again, the Supreme Court only deals with

questions of law as a general rule. Why?
BECAUSE THE SUPREME COURT IS NOT A TRIER OF

FACTS
Slide: Passing upon a factual issue is not within the

province of the Supreme Court. The findings of
facts of the Court of Appeals are not generally
reviewable by the Supreme Court. Also, factual
findings of the trial court, particularly when
affirmed by the Court of Appeals, are generally
binding on the Supreme Court. (Office of the
Ombudsman v. Lazaro-Baldazo, G.R. No. 170815,
February 2, 2007)
Especially when the RTC and the CA have the same
factual findings, there is nothing for the Supreme
Court to review on the facts. It would just limit itself
to the legal questions
Slide: It is not the function of the Supreme Court

to determine the weight of the evidence
supporting the assailed decision. However, factual
issues may be delved into and resolved where the
findings and conclusions of the trial court or the

Question of Fact vs. Question of Law the litigants.
Slide: There is a question of fact when doubt or Apply the law Apply the law on
difference arises as to the truth or falsehood of the evidence
alleged facts. There is a question of law where the
doubt or difference arises as to what the law is on In jury trial, it is In jury trial, it is
a certain state of facts. (Cano vs. Chief of Philippine determined by the determined by the jury.
National Police, G.R. No. 139368, November 21, judge.
2002)
For a question of law to be one of law, the same
must not involve an examination of the probative
Cancio vs. Performance Exchange Corporation
value of the evidence presented by the litigants. For
G.R. No. 182307. June 6, 2018
example, there is a witness, but you are saying that
the trial court should not have believed this
particular witness because this witness is obviously
Slide: There is a question of fact when the issue
lying. "There are inconsistencies in the testimony of
presented before the Supreme Court is the
the witness. The testimony is against human nature.
correctness of the lower court's appreciation of
It's against the law of nature." That is actually
the evidence presented by the parties. To
examining the probative value of the evidence so it's
determine whether a lower court erred in the
a question of fact.
appreciation of evidence, the Supreme Court must
also examine the records to see if there was
A question of law should not involve an examination
evidence that was overlooked, or if certain pieces
of the probative value of the evidence. If the issue
of evidence were given undue weight. Simply
invites a review of the evidence presented, the
arguing that the facts are not disputed will not
question posed is one of fact. If it is just a question
evade raising questions of fact before the Supreme
of law, it's just a matter of application of the law.
Court. (
There is no controversy as to the factual matters
Cancio vs. Performance Exchange Corporation
raised.
G.R. No. 182307. June 6, 2018)
But if it is a question of fact, you apply the law on
It's not simply a matter of saying that this is purely a evidence e.g. if it is credible, if the witness is
question of law. competent to testify, or if the testimony is just
hearsay. Ingon siya gikawat daw ni B ang iyahang
kulintas pero siya mismo wala kakita. That's hearsay
Gios-Samar, Inc. vs. DOTC
and that's a question of evidence competence. Or for
G.R. No. 217158. March 12, 2019
example a question on whether a document is
admissible even though it's just a photocopy, not an
What was questioned here was the legality but the original copy. That is a question of fact if it pertains
Supreme Court said that it is also a question of fact to how evidence is appreciated. It's not a question of
and not purely a question of law. It's not how or what law.
you allege. The Supreme Court will examine if indeed
it is just a question of law or it entails looking into the It's not applicable here in the Philippines, but in a jury
facts of the case. trial (like in the U.S.), a question of law is determined
by the judge and if it is a question of fact, it is
determined by the jury. This is because the jury may
not be knowledgeable about the law but they can
QUESTION OF LAW QUESTION OF FACT
decide on the facts.
For a question of law to If the issue invites a
Read the case of Ericsson Telecommunications Inc.
be one of law, the same review of the evidence
vs. City of Pasig.
must not involve an presented, the question
examination of the posed is one of fact.
probative value of the
evidence presented by

Ericsson Telecommunications Inc. vs. City of Pasig
and submit and offer documents. It only decides on
G.R. No. 176667. November 22, 2007. questions of law.
Exceptions; When the Supreme Court May

Slide: The test of whether a question is one of law Hear Questions of Fact
or of fact is not the appellation given to such
question by the party raising the same; tather, it is There are certain exceptions in jurisprudence to the
whether the appellate court can determine the rule that the Supreme Court in general shall not
issue raised without reviewing or evaluating the resolve questions of facts. There are certain instances
evidence, in which case, it is a question of law; where the Supreme Court also determines factual
otherwise it is a question of fact. (Ericsson issues.
Telecommunications Inc. vs. City of Pasig
Habeas Data
G.R. No. 176667. November 22, 2007)
Rule on the Writ of Habeas Data

A.M. No. 08-1-16-SC
Jurisdictional Consequence
Section 19. Appeal. - Any party may appeal from the
final judgment or order to the Supreme Court under
1987 Constitution, Article VIII, Section 5. The Supreme
Rule 45. The appeal may raise questions of fact or law
Court shall have the following powers: x x x
or both.
(2) Review, revise, reverse, modify, or affirm on appeal
The Supreme Court may hear both questions of fact
provide, final judgments and orders of lower courts in:
and law by way of exception, under the Rule on the
xxx
Writ Habeas Data (A. M. No. 08-1-16-SC).
involved. If you remember, any party may appeal from the final
judgment or order to the Supreme Court under Rule
45. The appeal may raise questions of fact, or law, or
Slide: Section 5(2)(e), Article VIII of the both. This is one of the exceptions where the
Constitution provides that the Supreme Court shall Supreme Court may determine questions of fact or
have appellate jurisdiction over “all cases in which mixed questions of fact and law.
only an error or question of law is involved.” Only
questions of law may be raised before the Writ of Amparo
Supreme Court (i.e. under a petition for review
under Rule 45) because the Court is not a trier of
Rule on the Writ of Amparo
facts and the factual findings of lower courts are
A.M. No. 07-9-12-SC
final, binding or conclusive on the parties and to
the Court. (United Coconut Planters Bank vs. Section 19. Appeal. - Any party may appeal from the
Spouses Uy, G.R. No. 204039, January 10, 2018) final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law
or both.
If it is decided by the Regional Trial Court, remember
that it should be a decision in the exercise of its
original jurisdiction. If it is from the Court of Appeals, The appeal may raise questions of fact, or law, or
it doesn't matter. It should be with the Supreme both.
Court because there is no other court after the Court
of Appeals. Writ of Kalikasan
The Supreme Court is not a Trier of Facts Rules of Procedure for Environmental Cases
A.M. No. 09-6-8-SC
The general rule is that the Supreme Court does not
review the probative value of the evidence presented Rule 7, Section 16. Appeal. - Within fifteen (15) days
before it. The Supreme Court does not conduct trial from the date of notice of the adverse judgment or
in the sense that you will have to present witnesses,

So, to say that a person is negligent, he must fall
denial of motion for reconsideration, any party may
short of that standard of ordinary diligence. In some
appeal to the Supreme Court under Rule 45 of the
other cases like in common carriers, in so far as the
Rules of Court. The appeal may raise questions of fact.
duty of precaution as against human lives is
concerned, the law requires extraordinary diligence.
Under Section 16, the appeal may raise questions of It’s a law, a legal provision. If you only exercised
fact, even though it is an appeal under Rule 45. ordinary diligence where the law requires you to
exercise extraordinary diligence, you are then
negligent. So ang question of law, what kind of
A MIXED QUESTION OF FACT AND LAW
diligence are you supposed to observe?
A mixed question of fact and law refers to one the
But is it extraordinary or ordinary? Under the
solution of which depends on both fact and law. In
circumstances, did you exercise the requisite degree
resolving mixed questions, a reviewing court must
of diligence? So here musulod ang question of fact.
adjudicate the facts of the case and decide relevant
Unsa man imong gibuhat as common carrier? Gi
legal issues at the same time.
inspect ba nimo ang ligid before ka nilakaw?
Nagconduct ba ka ug periodic maintenance? Did you
When you say naman mixed questions of fact and observe the speed limit? So those are the factual
law - it refers to one where the solution of which issues that you should resolve whether or not there
depends on both fact and law. was negligence. So it’s a mixed question of fact and
of law.
So, in resolving a mixed question, the reviewing court
must adjudicate the facts of the case and decide
A MIXED QUESTION OF FACT AND LAW
relevant legal issues at the same time.
For purposes of review, a mixed question of fact and
Example: law is treated as a question of fact. As such, appellate
Negligence, that is, a failure to comply with some duty recourse should be brought before the Court of
of care owed by one to another, is a mixed question of Appeals, as a general rule, and not the Supreme Court.
law and fact.
But for the purpose of review, in so far as the
There is a question of law as to the duty of care owed
appellate jurisdiction of the supreme court is
by a defendant to a plaintiff. The existence of
concerned, again please remember pure questions of
negligence, however, is determined by facts and
law lang.
evidence, which makes it a question of fact.
if it now becomes a mixed question of fact and law in
(Cancio vs Performance Foreign Exchange Corporation
such a way that na for you to resolve the legal
GR No. 182307, June 6, 2018)
question, you have to examine the factual issues
because there is also a question, the parties have not
Example, in the case of Cancio vs Performance agreed as to the factual questions, then you now
Foreign Exchange Corporation. have a mixed question of fact and law which is again
not within the appellate jurisdiction of the supreme
Negligence, what is negligence? You discussed that in court. you go to the court of appeals. Because the
your obligations and contracts. court of appeals can examine factual questions.
Negligence is failure to comply with some duty of Now, aside from the ones which we mentioned na
care owed by one to another. It is actually a mixed the Supreme Court in its exercise of appellate
question of fact and of law. There is a question of jurisdiction can determine mixed questions of cats
law as to the duty of care owed by a defendant to the and law, based on jurisprudence, these are the
plaintiff like for example, General rule what kind of exceptions:
diligence is a person required to observe? Ordinary
diligence or diligence of a good father of a family.

Exceptions to the that the Supreme Court is properly considered, would justify a different
not a trier of facts conclusion.
1. When it inquires into the factual basis for the So let’s just summarize the appellate jurisdiction of
declaration of martial law and suspension of the the SC.
privilege of the writ of habeas corpus.
Appeal by certiorari under Rule 45, we are talking
We’re not even talking about the appellate here of pure questions of law. The Supreme Court
jurisdiction of the supreme court in #1 because this is shall have appellate jurisdiction if it is the decision of
within the original jurisdiction of the supreme court. the Court of Appeals, Sandiganbayan or the RTC in
obviously mao na gyud na ang provision, factual basis the exercise of its original jurisdiction and the court
on the declaration of martial law and suspension of of appeals , court of tax appeals tendered by the CTA
the privilege of the writ of habeas corpus. The en banc
Supreme Court will determine factual issues, not only
legal. Appellate Jurisdiction of the Supreme Court
2. When the findings are grounded entirely on

speculation, surmises or conjectures. MODE AGAINST FROM WHAT
CASES
We’re talking here of the findings in the decision
elevated to the Supreme Court on appeal. So if wala
gyud basis ang findings, nagspeculate langa ang judge Appeal by COURT OF Cases before
before the court a quo, so here the sc can look into
Certiorari APPEALS these courts
the factual issues.
under Rule 45 where an error
(pure questions SANDIGANBAYA of judgment is
3. When the inference made is manifestly mistaken,
absurd or impossible. of law) N involved
4. When there is grave abuse of discretion REGIONAL TRIAL

COURTS
5. When the judgment is based on a
misapprehension of facts
COURT OF TAX
6. When the findings of facts are conflicting APPEALS
7. When in making its findings, the Court of Appeals In its decisions

went beyond the issues of the case, or its findings rendered en banc
are contrary to the admissions of both the (RA 9202)
appellant and the appellee
8. When the findings are contrary to the trial court

Appeal by COURT OF Writ of Amparo
9. When the findings are conclusions without Certiorari APPEALS
citation of specific evidence on which they are under Rule 45 Writ of Habeas
based. (questions of SANDIGANBAYA Data
fact or law) N
10. When the facts set forth in the petition, as well
in the petitioner's main and reply briefs, are not REGIONAL TRIAL
disputed by the respondent
COURTS
11. When the findings of fact are premised on the
supposed absence of evidence or contradicted by
the evidence on record. COURT OF Writ of
APPEALS Kalikasan
12. When the CA manifestly overlooks certain
relevant facts not disputed by the parties, which if

Again ha para di ta maconfuse: So katong mga discussion pud sa prior jurisprudence.
Twelve exceptions na pwede idetermine sa SC ang
If it is a pure question of law kaning 4 (CA, factual questions as of now VERY EXCEPTIONAL na to
Sandiganbayan, CTA, RTC in the exercise of its siya.
original jurisdiction) to the Supreme Court
Again, it should be purely legal questions. Of course,
Kaning mixed questions of law kaning 3 ka courts but aside atong naay LAW gyud:
kani na cases
● factual basis of the declaration of martial
● CA for Writ of Kalikasan law
● suspension of the privilege of habeas
Ang policy na ng SC in this case of Gio Samar diba, we corpus, data, writ of kalikasan, amparo
mentioned 12 exceptions to the general rule where
supposedly the SC in those instances may determine These by law, we can raise questions of fact to the
questions of fact in an appeal raised to it. Even in SC.
certiorari original action cases because in Gio Samar
certiorari to siya, original action. Let’s review the 2 limitations:
But the SC, please remember the policy is, actually ● Congress cannot increase the appellate
not a policy: jurisdiction of the SC without its consent
(Constitutional Provision - Section 30, Article
Gio-Samar vs DOTC VI)
G.R. No. 217158, March 12, 2019 ● It cannot also diminish the jurisdiction of the
SC as defined in Section 5.
“However, litigants do not have unfettered discretion
to invoke the Court's original jurisdiction. The
doctrine of hierarchy of courts dictates that, direct JURISDICTION OF THE COURT OF
recourse to this Court is allowed only to resolve APPEALS
questions of law, notwithstanding the invocation of
paramount or transcendental importance of the The CA is a creation again of law. So, it is not (wala
action. This doctrine is not mere policy, rather, it is a yatang not) a statutory court, it is not created by the
constitutional filtering mechanism designed to Constitution.
enable the Court to focus on the more fundamental
and essential tasks assigned to it by the highest law Batas Pambansa Blg. 129 provides for the jurisdiction
of the land.” of the CA:
In that case of Gio-Samar, aside from the doctrine of In Section 9, although ang section 9, it mentions
hierarchy of courts na iya gyud explain ug tarong about the original jurisdiction as well as appellate
unsa ang history/origin, if it is not of, even if, that jurisdiction. So, there is an enumeration.
question is of transcendental importance pero if it is
not PURE QUESTION OF LAW, it does not fall for the
Section 9. Jurisdiction. – The Court of Appeals
mere application of the law, dili siya dapat idiretso
shall Exercise:
sa SC, didto dapat sa lower ranked court muadto.
Depende kakinsa na decision subject.
1. Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo
If it is an MTC decision, then certiorari should be file
warranto, and auxiliary writs or processes,
with the RTC.
whether or not in aid of its appellate jurisdiction;
If it is an RTC decision, then certiorari should be filed
2. Exclusive original jurisdiction over actions for
with the CA. Dili ka mudiretso sa SC.
annulment of judgements of Regional Trial Courts;
and
BISAN UNSA PA SIYA KA IMPORTANTE BUT ANG
TIMAAN AN NATO IS LEGAL QUESTION LANG (pure
3. Exclusive appellate jurisdiction over all final
question of law)
judgements, resolutions, orders or awards of

already discussed in jurisdiction. Proceedings before
a court which acquired no jurisdiction over the
Regional Trial Courts and quasi-judicial agencies,
person of the defendant for example are null and
instrumentalities, boards or commission, including
void. So, what do you do with that? So, one remedy
the Securities and Exchange Commission, the
although you have a lot of remedies. One remedy is
Social Security Commission, the Employees
you can file an action for annulment of judgement
Compensation Commission and the Civil Service
against the decision of the RTC before the CA.
Commission, Except those falling within the
appellate jurisdiction of the Supreme Court in
Now under Rule 47, Section 2 what are the grounds
accordance with the Constitution, the Labor Code
for annulment of Judgement:
of the Philippines under Presidential Decree No.
442, as amended, the provisions of this Act, and of
Section 2. Grounds for annulment. — The
subparagraph (1) of the third paragraph and
annulment may be based only on the grounds of
subparagraph 4 of the fourth paragraph od Section
extrinsic fraud and lack of jurisdiction.
17 of the Judiciary Act of 1948.
Extrinsic fraud shall not be a valid ground if it was
The court of Appeals shall have the power to try
availed of, or could have been availed of, in a motion
cases and conduct hearings, receive evidence and
for new trial or petition for relief.
perform any and all acts necessary to resolve
factual issues raised in cases falling within its
Two Grounds for Annulment of Judgment:
original and appellate jurisdiction, including the
power to grant and conduct new trials or Appeals
A. Extrinsic Fraud
must be continuous and must be completed within
B. Lack of Jurisdiction
three (3) months, unless extended by the Chief
Justice. (as amended by R.A. No. 7902.)
Here, actually daghan pa other reliefs again
available.
Original Jurisdiction of the Court Of Appeals There’s petition for relief from judgement but
annulment of judgement is also a remedy like for
We now go first to the original jurisdiction of the CA. example ni lampas na ang reglementary period for
you to file for relief but it is still within the period to
Exclusive - again just like we discussed, you file that file an action for annulment of judgment kay 4 years
in the first instance before the CA because we are ni siya from the time the decision became final or if
talking about the CA now. It is not a continuation of the annulment is based on lack of jurisdiction before
the proceedings of any of the courts because it is an it is barred by estoppel. So, you can file that.
independent action with itself. Although it seeks to
affect the judgements and decisions of other courts. Extrinsic Fraud
Exclusive because you cannot file it in any other Kaning extrinsic fraud, we will discuss this when we
courts. go to Rule 47 pero just remember it means na
because of the fraud committed by the other party
the aggrieved party has been deprived of his
Section 9, Paragraph 2 of BP 129 - Exclusive opportunity to present his action or defense in court.
original jurisdiction over actions for annulment of
judgements of Regional Trial Courts Because of the fraud committed by the other party,
the aggrieved party has been deprived of his
Annulment of judgement - We are talking here of opportunity to present his action or defense in court.
the judgement of the RTC like for example naay kaso
na gifile sa RTC and then ikaw si defendant and then Like, plaintiff ka for example, you file a case against B.
walay summons na giissue sa imoha at all. Wala ka You are A in this case. The case is now set for pre-
kabalo na naay kaso against you and then you only trial. That is one of the steps or incidents in a case –
learned about the decision and it’s already final and pre-trial. One of the consequences of pre-trial, when
executory daw kay naglapse na ang period to file a the plaintiff does not appear during the pre-trial
motion for reconsideration or appeal but as we have without any justifiable cause, the case will be
dismissed. So example, defendant approached

plaintiff and said, “Plaintiff, ayaw nag attend sa pre- Terrorism cases, they may authorize in writing any
trial kay mubayad nako saimong mga gipaningil, police or law enforcing officer and the members of
etc.” So, the plaintiff did not attend the pre-trial. his team duly authorized in writing to do these acts:
Defendant then invoked that “without justifiable examine deposits, placements, trust accounts, gather
cause plaintiff failed to appear during pre-trial so I or cause the gathering of information about the said
am moving for the dismissal of the case. This has deposits or accounts, etc. So, that is the original
been unknown also to do the plaintiff (assuming). jurisdiction of the CA.
So that is an example of an extrinsic fraud because by Exclusive Original Jurisdiction over petitions under
reason of the act of the defendant, plaintiff was Republic Act 10168, An Act Defining the Crime of
deprived of the opportunity to be present in that pre- Financing of Terrorism, to extend freeze order
trial. There is a fraud committed. So, that is a ground issued by the Anti-Money Laundering Council.
for annulment of judgement.
Anti-Money Laundering – naka kwarta ka because of
You cannot file this action at any other court, only to an illegal act ei., gambling, kidnapping, terrorism, etc.
the Court of Appeals if we are talking of judgments or and then you make it appear that the proceeds are
final orders of the RTC. So, you file it before the CA. legitimate, so you deposit it in the bank, invest it, etc.
Exclusive original jurisdiction to issue certain orders Here, the Court of Appeals can extend freeze orders
under RA 9372 or the Human Security Act of 2007. by the Anti-Money Laundering Council, it extends the
original period and determines the basis of the freeze
Section 7 says: order.
So, freeze order, this extends the authority of the

SEC. 7. Surveillance of Suspects and Interception and
Anti-Money Laundering Council which can be
Recording of Communications. -The provisions of
inquired into or extended by the CA. so, 2o days but
Republic Act No. 4200 (Anti-Wire Tapping Law) to the
upon petition can be extended by the CA for a period
contrary notwithstanding, a police or law enforcement
not exceeding 6 months.
official and the members of his team may, upon a
written order of the Court of Appeals, listen to,
intercept and record, with the use of any mode, form,
Concurrent Original Jurisdiction of the Court
kind or type of electronic or other surveillance of Appeals
equipment or intercepting and tracking devices, or
We already touched or discussed some of these
with the use of any other suitable ways and means for
when we discussed the Jurisdiction of the Supreme
that purpose, any communication, message,
Court. Because most of these also are concurrent
conversation, discussion, or spoken or written words
with the SC.
between members of a judicially declared and
outlawed terrorist organization, association, or group
1. Concurrent Original Jurisdiction with the Supreme
of persons or of any person charged with or suspected
Court to issue certiorari, prohibition, and mandamus
of the crime of terrorism or conspiracy to commit
terrorism.
a. The RTC
So, here only the Court of Appeals has the original b. The CSC
jurisdiction over that.
c. The Central Board of Assessment Appeal,
Also, in relation to terrorism, under the Bank Secrecy
Law, supposedly, you cannot inquire into the bank d. Other quasi-judicial agencies mentioned
deposits without the authority of the person whose in Rule 43 and
deposits you’re seeking to inquire into or the court’s.
e. The NLRC, although theoretically, the
Judicial authorization to examine bank deposit jurisdiction of the Supreme Court and the CA
accounts and records, the Justices, not withstanding over adverse original action for certiorari
RA 1405 as amended, either Justices of the Court of against the NLRC is concurrent but in the
Appeals, designated as a special court to handle Anti- case St. Matin Funeral Homes v. NLRC, they

should be filed with the CA following the So, these are the cases where the Court of Appeals
doctrine of hierarchy of courts. and the Supreme Court, as well as the RTC have
concurrent and original jurisdiction.
2. Concurrent and Original Jurisdiction with the
Supreme Court and the RTC to issue writ of certiorari, We’re talking of against lower courts and bodies. So,
prohibition and mandamus against lower courts and lower courts meaning we're talking of the MTC here.
bodies and writs of quo warranto and writ of habeas It's a lower court. It’s not the RTC because
corpus. While they are not in aid of their appellate concurrent gani ilahang jurisdiction so meaning even
jurisdiction. the RTC can take cognizance. So, we’re talking of the
MTC and other ka level na courts. But again, subject
Certiorari – to annul and void the proceedings of a to the hierarchy of courts.
court or a tribunal which acted with grave abuse of
discretion amounting to lack or excess of jurisdiction. Now, there's another concurrent original jurisdiction
in the rule on the writ of habeas data. We already
What will happen in certiorari, if your petition for mentioned this. So, the Supreme Court, Court of
certiorari will be granted, the judgment which is the Appeals, the Sandiganbayan or the Regional Trial
subject of the certiorari is annulled. Declared null and Courts so they do have concurrent jurisdiction.
void.
So just an overview of what we have so far discussed.
The court we're talking here of is the concurrent
Slide: Concurrent and original with the Supreme
jurisdiction of the Court of Appeals.
Court and the Regional Trial Court to issue writs
of certiorari, prohibition and mandamus against
lower courts and bodies and writs of quo
warranto and habeas corpus, whether or not in
aid of its appellate jurisdiction. COURT Subject Matter
❖ Previously, the Court of Appeals could Regional Trial Court Petition for writ of habeas data
issue these writs only in aid of its which does not involve public
appellate jurisdiction, i.e., only in data files of government
connection with a case appealed to it offices.
(Sec 9[1], B.P. Blg 129).
VENUE is the RTC of the place:
DISCUSSION: Prohibition naman is when you want to
stop the perpetration of an act or commission of an 1. Where the petitioner
act. Maybe you want to stop him from assuming the resides; or
performance of a certain act. So that’s prohibition. 2. Where the respondent
resides; or
Mandamus is the reverse you want to compel him to 3. Where the data or
do a particular act in which under the law should be information is
ministerial and dili discretionary. So, he has no gathered, collected, or
discretion to decide whether or not to act but he has stored.
to act mandamus.
PETITIONER chooses where.
Quo warranto here is that you are questioning the
qualifications, the authority to exercise an office. You
are familiar with the case of Chief Justice Serreno Sandiganbayan Petition for writ of habeas data
katong quo warranto proceedings. We are dealing or which concerns public data files
we question the authority to exercise a particular of government offices
function of office because allegedly the officer here is Court of Appeals
not qualified. He has committed a violation.
Supreme Court
Habeas Corpus is that we discussed it already.

With the Regional Trial Courts, the petition for writ of
information is gathered, collected or stored, at the
habeas data, which does not involve public data files
option of the petitioner. The petition may also be
of government offices. It is concurrent with the
filed with the Supreme Court or the Court of
Supreme Court, the Court of Appeals, the
Appeals or the Sandiganbayan when the action
Sandiganbayan and the RTC.
concerns public data files of government offices.
So, here, we just have to clarify the so-called original
and concurrent jurisdiction of the Court of Appeals Now, the Sandiganbayan, the Supreme Court, as to
with these different boards. habeas data, we are referring here to petitions for
writ of habeas data which concern public data files of
Now, what is within the jurisdiction of the Regional government offices. So, diha ilahang concurrent
Trial Court? Under the law petition for writ of habeas jurisdiction.
data, which does not involve public data files of
government offices. So here, the venue is the Concurrent jurisdiction, as well as original, with the
Regional Trial Court of the place: Supreme Court, the RTC, the Sandiganbayan to issue
writs of amparo. We discussed this also in our lecture
1. Where the petitioner resides; regarding the Supreme Court.
2.Where the respondent resides; or Same. Concurrent and original jurisdiction with the
Supreme Court to issue a writ of kalikasan.
3. Where the data or information is
gathered, collected or stored, depending Concurrent and original jurisdiction with the
upon the petitioner. Siya ang magchoose Supreme Court and the RTC to issue a writ of
kung asa niya i-file kung asa ang venue. continuing mandamus
When we say venue, we are referring here to the

Slide: Original and concurrent with the Supreme
place. The place kung sa Digos ba siya, kung sa
Court in the issuance of a restraining order,
Davao. We'll discuss that venue as distinguished from
preliminary injunction, or preliminary mandatory
jurisdiction when we go to Rule 4. But again, when
injunction in any case involving the powers, duties
we say jurisdiction, it is the authority of the court to
and responsibilities of the Securities and Exchange
hear and decide the case. We are not talking of the
Commission that falls exclusively within its
place. We are talking of the court itself whether it is
jurisdiction (Section 179, Republic Act No. 11232,
the MTC, the RTC, or the Court of Appeals
Revised Corporation Code of the Philippines)
Concurrent Original Jurisdiction

THE RULE ON THE WRIT OF HABEAS I think we discussed this also in the Supreme Court's
DATA jurisdiction.
A.M. No. 08-1-16-SC, January 22, 2008
Slide: Concurrent and original jurisdiction with the
Section 1. Habeas Data.- The writ of habeas data Supreme Court in the issuance of restraining order,
is a remedy available to any person whose right to preliminary injunction or preliminary mandatory
privacy in life, liberty or security is violated or injunction against the Philippine Competition
threatened by an unlawful act or omission of a Commission in the exercise of its duties and
public official or employee, or of a private functions (Section 47, Republic Act No. 10667 or
individual or entity engaged in the gathering, the Philippine Competition Act)
collecting or storing of data or information
regarding the person, family, home and
Have you discuss na Competition Law? Naa na ba na
correspondence of the aggrieved party.
sa inyuha ron? Dili ni siyang kanang pagtuo ninyo na
Conflict of Laws sa second sem na competition lahi
Section 3. Where to File. - The petition may be
sad na siya. I think you are familiar with monopolies,
filed with the Regional Trial Court where the
combination mao na siyang covered sa competition
petitioner or respondent resides, or that which has
law. So, kung ing-ani na mga issues, there cases
jurisdiction over the place where the data or
within the jurisdiction of the Philippine Competition

Commission. So, kung naa kay pangayuon nga TRO exercise of original jurisdiction. The appeal
injunction, you will file that either to the Court of involves question of fact or mixed questions of
Appeals or with the Supreme Court. fact and law.
As we already discussed, kung decision ng RTC in

Appellate Jurisdiction
the exercise of its original jurisdiction and ang
imung ipasaka on appeal and merely and purely
● Exclusive appellate jurisdiction by way of
questions of law, sa Supreme Court ka under
ordinary appeal from the Regional Trial
Rule 45. Kani siya, mixed questions of fact or law
Courts and the Family Courts (Sec. 9[3],
or fact so court of appeal na.
B.P. Blg. 129)
Your mode of appeal is notice of appeal.
● Exclusive appellate jurisdiction by way of
petition for review from the Regional Trial
2. Petition for Review rendered by the RTC in the
Court rendered by the RTC in the exercise
exercise of its appellate jurisdiction.
of its appellate jurisdiction (Sec. 22, B.P.
Blg. 129; Rule 42, Rules of Court; Sec. 9,
Here, from MTC then the aggrieved party
B.P. Blg. 129)
appealed in the RTC. Then ang RTC nag decide,
aggrieved lang gihapon. Then mag appeal napud.
We now go to the appellate jurisdiction of the Court Where? In the Court of Appeals. On what
of Appeals. So, bisag ang Court of Appeals ang tawag question? Purely questions of law, purely
sa iyaha kay Court of Appeals kay feeling nato questions of fact, Or mixed questions of fact and
appeal. But, as we have already discussed, naa pud law. (Rule 42)
syay original jurisdiction dili lang appellate. But now
we're going to the appellate jurisdiction: The mode is not notice of appeal but petition for
review.
1. Exclusive appellate jurisdiction by way of
ordinary appeal from the Regional Trial In the exercise of RTC’s appellate jurisdiction,
Court and the family courts; that is still with the CA.
2. Exclusive appellate jurisdiction by way of
review from the Regional Trial Court 3. Appeal from administrative bodies.
rendered by the RTC in the exercise of its
appellate jurisdiction. We discussed before the doctrine of primary
jurisdiction. There are cases that should be field
So, these are the legal basis. Just take note of the before the proper administrative bodies because the
sections and the laws involved. expertise is within this bodies. They have the skills
and knowledge about that particular case- agrarian
case, corporation cases, real estate cases, labor
Exclusive appellate jurisdiction by of petition for
cases.
review from the decisions, resolutions, orders or
awards of the Civil Service Commission, Central Board After sa primary jurisdiction, related dira and
of Assessment Appeals and other bodies mention in exhaustion of administrative remedies. From HLUB to
Rule 43 and of the Office of the Ombudsman in HLRUB Commission to Office of the President. Or sa
administrative disciplinary cases. Enemecio vs DAR, first, you go to provincial agrarian reform
adjudication board, then to Dept. agrarian reform
Ombudsman; Gonzales vs Rosas
adjudication board in Manila.
Sa appellate jurisdiction, in general, mabahin nato na You must first exhaust all the possible remedies in
sila into three. that administrative bodies. There are some na
maabot ka sa office of the president like sa HLURB.
1. Ordinary appeal from the RTC and Family
Courts. After you’ve exhausted all the possible administrative
remedies in that particular tribunal, didto na
Ordinary appeal, meaning, these cases are mupasok ang Court of Appeals. Like in HLURB kung
decided by the RTC and the Family Courts in the naabot na ka sa Office of the president, unsa pa ba

sunod sa OP? Wala na. but it does not mean na wala
Among these agencies under Rule 43 are the Civil
na kay remedy. You can now go to the regular courts.
Service Commission, Central Board of Assessment
But the regular court here is not the RTC but the CA.
Appeals, Securities and Exchange Commission,
Office of the President, Land Registration
Halos tanan, in general, na mga quasi-judicial bodies
Authority, Social Security Commission, Civil
didto ka muappeal sa CA. What is the mode? Petition
Aeronautics Board, Bureau of Patents, Trademarks,
for review under Rule 43. Rule 43 basta quasi-judicial
and Technology Transfer, National Electrification
bodies after exhausting all the possible
Administration, Energy Regulatory Board, National
administrative remedies in that body.
Telecommunications Commission, Department of
Agrarian Reform under Republic Act No. 6657,
In Ombudsman, administrative cases decided by the
Government Service Insurance System, Employees
Ombudsman, asa nato siya pwede ipa question? You
Compensation Commission, Board of Investments,
go to the CA under Rule 43.
Construction Industry Arbitration Commission, and
voluntary arbitrators authorized by law.
Among these agencies under Rule 43 are the Civil
Service Commission, Central Board of Assessment
Appeals, Securities and Exchange Commission, Office
of the President, Land Registration Authority, Social Re: NLRC
Security Commission, Civil Aeronautics Board, Bureau
DISCUSSION: Diba it’s still a quasi-judicial agency?
of Patents, Trademarks and Technology Transfer,
Pero lahi ang treatment sa decision sa NLRC. As we
National Electrification Administration, Energy
have discussed and in the case of St. Martin Funeral
Regulatory Board, National Telecommunications Homes, ang decision sa NLRC is final and executory.
Commissions, Department of Agrarian Reform under Dili siya pwede i-appeal. But it doesn’t mean that you
RA 6657, GSIS, Compensation Commission, Agricultural don’t have the remedy against that decision. You can
Invention Board, Insurance Commission, Philippine still have it questioned, but NOT BY APPEAL.
Atomic Energy Commission, Board of investments,
You file an ORIGINAL ACTION for certiorari under
Construction Industry Arbitration Commission, and
Rule 65, again, following the doctrine of hierarchy of
voluntary arbitrators authorized by law. courts. It should be with the Court of Appeals.
Note that under RA No. 9282, the judgments and

Take note that all of these bodies that after them you final orders of the Court of Tax Appeals are no
can appeal to the CA by ways of Rule 43- Petition for longer appealable by way of petition for review to
Review. the Court of Appeals. Judgments of the Court of
Tax Appeals rendered en banc are appealable to
Voluntary Arbitrators authorized by law the Supreme Court by way of Rule 45 (Sec 11, RA
No. 9282). This is pursuant to the doctrine of non-
Ex. There are labor cases na ang jurisdiction is with interference.
the voluntary arbitrator. For example, naay CBA or
has agreed by the parties, pwede na siya irefer to DISCUSSION: As I said, ka-level lang ang Court of
voluntary arbitration. This under the department of Appeals ug ang CTA. So you cannot modify, annul,
National Reconciliation Mediation Board. This is reverse the decision of a co-equal body.
different with NLRC.
Kani siya, the decisions of voluntary arbitrator, in APPELLATE JURISDICTION

labor cases, are appealable to the CA by way of
petition for review under Rule 43. ● Exclusive appellate jurisdiction by way of
petition for review from the decisions of
However, regarding NLRC, diba it is still a quasi- the Philippine Competition Commission in
judicial agency, pero lahi ang treatment sa decision cases over which it has jurisdiction
sa NLRC. (Section 39, RA No. 11232, Revised
Corporation Code of the Philippines).

cadastral cases - didto na ka diretso sa Court of
Appeals.
DISCUSSION: Remember we already discussed that _
concurrent with the SC -- they are referring to You do not appeal to the RTC kay gi-delegate na gani
injunctions, TROs, which are CONCURRENT sa imoha. Iyaha tung case, gipa-hear lang sa imoha.
ORIGINAL.
“...these cases are appealable in the same manner as
Here, we are not talking about the TRO, injunction, decisions of RTC.”
BUT cases mismo filed before the Philippine
Competition Commission under Section 39, RA So, ordinary appeal by notice of appeal to court of
11232. Katong mga cases under the jurisdiction of appeals.
the PCC, i-appeal nimo sila sa RULE 43, COURT OF
APPEALS.
SUMMARY
1. Under BP 129, there is only one type of
APPELLATE JURISDICTION case in the exclusive original jurisdiction
of the CA which is annulment of the
● Exclusive appellate jurisdiction over judgments of the RTCs. The others are
decisions and final orders of the Regional under special laws.
Trial Court acting as a Special Commercial 2. The exclusive appellate jurisdiction of the
Court in cases falling under the Interim CA can be invoked by either an ordinary
rules of Corporate Rehabilitation and the appeal or a petition for review in the
Interim Rules of Procedure Governing following manner:
Intra-Corporate Controversies under
Republic Act No. 8799.
(NOTE: to be discussed more under the jurisdiction
of the Regional Trial Court)
CASE MODE
DISCUSSION: Didto gihapon na sya sa Court of Cases heard originally Ordinary appeal
appeals. by the RTC
● Exclusive appellate jurisdiction over Cases heard originally Ordinary appeal

decisions of Municipal Trial Courts in by the Family Courts
cadastral or land registration cases
pursuant to its delegated jurisdiction Cases heard on appeal Petition for Review
(Sec. 34, BP Blg 129 as amended by RA by the RTC from the under Rule 42
No. 7691). This is because decisions of MTC
Municipal Trial Courts in these cases are
appealable in the same manner as Decisions, resolutions Petition for Review
decisions of Regional Trial Courts (Sec. 34, orders or awards of the under Rule 43
BP. Blg 129). CSC, CBAA, and other
bodies mentioned in
Rule 43 and of the
Office of the
DISCUSSION: Makakita ka karon og decision sa MTC Ombudsman in
na diretso sa Court of Appeals. Why? administrative
disciplinary cases
Because ang jurisdiction gyud is with the RTC, kanang
Land Registration Proceedings - BUT, it is DELEGATED MTCs acting as Ordinary appeal.
TO THE MTC. So, kung magdecide ang MTC in these cadastral and land
cases, it’s actually like, it is the RTC which decides registration courts (Sec.
because gi-delegate lang kay MTC. That is why, ang 34, BP 129)
appeal nimo in these cases - land registration and

DISCUSSION :
Commission on Audit. Note that the CA
BP 129 - mao ni ang law which laid down the
no longer reviews the CTA
jurisdiction of the central regular courts.
NOTE: Civil Service is with the Court of Appeals

DISCUSSION:
SUMMARY
Cases heard originally Ordinary appeal
by the RTC ● As contrasted with the Supreme Court,
the Court of Appeals can hear both
questions of fact and questions of law.
- Just remember it should be questions of fact
or mixed questions of fact and law
- If it is pure question of law - go to the
Supreme Court under Rule 45
Decisions, resolutions Petition for Review December 14, 2020 - ZOOM LECTURE
orders or awards of the under Rule 43
CSC, CBAA, and other 0:08 to 05:08 by Chang
bodies mentioned in
Rule 43 and of the
SUMMARY
Office of the
There is only one instance when the Municipal
Ombudsman in
Trial Court’s decision is appealable directly to the
administrative CA and this is under Section 34 of BP 129.
disciplinary cases
Under the St. Martin case, the mode of appeal (or
- Remember: Civil Service Commission, didto more appropriately, the mode of review) against
na sya sa Court of Appeals, even if it is a the NLRC is a petition for certiorari under Rule 65.
constitutional commission.
- Katong COA, COMELEC, diba sa Supreme The only remaining government agencies
exercising quasi-judicial functions, whose
Court sila, dili sila reviewable by the CA.
decisions and final resolutions are directly
appealable to the Supreme Court are the
SUMMARY Commission on Elections (COMELEC) and the
Commission on Audit (COA). Note that the CA no
● There is only one instance when the longer reviews the CTA.
Municipal Trial Court’s decision is
appealable directly to the CA and this is
under Section 34 of BP 129.
● Under the St. Martin case, the mode of Let’s just summarize what we have discussed
appeal (or more appropriately, the mode regarding the Court of Appeals. So again, as we
of review against the NLRC is a petition have already mentioned, out of the 3
for certiorari under Rule 65) Commissions under the Constitution, only 2
remain to be reviewable by the SC – Comelec
and COA. Here, the CSC is reviewable either by
certiorari or by appeal under Rule 43 by the CA.
SUMMARY SUMMARY
● The only remaining government agencies As contrasted with the SC, the CA can hear both
exercising quasi-judicial functions, whose questions of fact and questions of law.
decisions and final resolutions are directly
appealable to the Supreme Court are the Because the CA can be a trier of facts, it has the
Commission on Elections and the power to try and conduct hearings like a trial court.

Now, we also discussed before that the SC is not
a trier of facts. It only entertains questions of law You know what happens in a hearing na
as a general rule. But to distinguish the SC from evidentiary? Here, you present witnesses.
CA, the CA can both here questions of fact and Usually testimonial evidence. During the pre-trial,
questions of law. It has the power to try and hear the parties will already determine what are the
cases like a trial court. documents that they will need to present during
the trial. So you will ask the adverse party. We
have here the document, we will stipulate on the
Even if the CA is not a trial court, it has the power
genuineness and due execution of this
to try cases and conduct hearings (like a trial
document, if the other party will stipulate as to
court), receive evidence and perform any and all
the genuineness and due execution, as well as
acts necessary to resolve factual issues in cases
maybe the veracity of the contents of that
falling within its original and appellate jurisdiction,
document then there is no need for you to offer
including the power to grant and conduct new
that during the hearing. I mean you don’t need a
trials or further proceedings. [Section 9(3), BP
testimony on that para i-identify siya or i-present.
129 as amended by R.A. 7902].
But you can, in the formal offer (you will learn in
your Evidence), pwede na nimo siya i-diretso ug
The CA may pass upon factual issues when a offer, no need for that document to be identified
petition for certiorari is filed before it or in petitions because it was already admitted.
for writ of amparo or habeas data or in case of
actions to annul the judgment of the RTC over
The same with testimonial evidence. So this is
which the CA has original jurisdiction.
my witness, Juan dela Cruz. This is the
substance of his testimony. So he will testify.
However, this does not mean that the CA should And then the other party will say, I will stipulate
conduct a trial de novo in a case appealed before as to his testimony. So in that case, dili na nimo
it. siya kinahanglan i-present in court, para mag
testify. But katong mga items na wala gi admit sa
pikas party, so you will need to present them.
Although the CA can determine questions of fact
How do you present? Testimonial evidence so
and it can receive evidence, it does not conduct
mag tawag ka ug witness, mag testify siya in
trial de novo.
court. So question and answer, direct
examination, and then i-cross-examine sa pikas,
Trial de novo means trying the case anew, like nya balik na pud ka redirect examination, and
for the first time. You don’t do that because you recross-examination. Mao na siya sa
are an appellate court. There are already records witness/testimonial evidence. You need to
in the court below and you can utilize that. So specify also the purpose of the testimony.
only certain items or aspects that there’s really a
controversy – diha ang CA usually naga conduct
Now sa documents naman, dili pwede ha na
ug trial. It does not start from the very beginning.
kung wala pud gyud sa pikas ang document, dili
It does not conduct trial de novo. So that was
pwede na i-diretso nimo na “Oh, mao ni akong
discussed in the case of Lingner & Fisher GMBH
document.” For every document there has to be
v. IAC.
a testimony to identify that document.
Lingner & Fisher GMBH v. IAC

G.R. No. L-63557, October 28, 1983 05:09- 10:09 Chiara
The Appellate Court acted correctly in denying the
request for an evidentiary hearing. Evidence For every document, there has to be a testimony
necessary in regard to factual issues raised in to identify that document. “Your Honor, I
cases falling within the Appellate Court's original executed a Deed of Sale on June 1, 2005. Here
and appellate jurisdiction contemplates is the Deed of Sale.” You have to identify and
"incidental" facts which were not touched upon, or testify on the document. Later on after all the
fully heard by the trial or respondent Court. The testimonial evidence, all the documentary
law could not have intended that the Appellate evidence that was identified shall be offered in
Court would hold an original and full trial of a main court.
factual issue in a case, which properly pertains to
Trial Courts. But usually, not all. The Court of Appeals does
not really conduct a trial (an evidentiary trial). It

conducts only with respect to issues that are
that such determination is tainted with grave
controverted. The Court of Appeal’s jurisdiction
abuse of discretion. Not every error in the
contemplates “incidental” facts, which were not
proceedings or every erroneous conclusion of
touched upon, or fully heard by the trial or
law or fact, however, constitutes grave abuse
respondent court. That is the limit to the trial
of discretion. It has been stated that the
regarding the Court of Appeals as a trier of facts.
Ombudsman may err or even abuse the
discretion lodged in her by law, but such error
or abuse alone does not render her act
Slide: amenable to correction and annulment by the
Remedial Law extraordinary remedy of certiorari.
Civil Procedure
In the case of Gatchalian (2018), although more
Clarification – Rule 65 cases versus the
recent than the case of Information Technology
Ombudsman
(2017), it was a Division case. The Information
Technology case was decided en banc in 2017
and was decided after Carpio-Morales vs. CA
(decided in 2015).
Gatchalian vs. Ombudsman
GR No. 229288, August 1, 2018 So, the case is reviewable to the Supreme Court
Recall the Carpio-Morales vs. CA case regarding by way of Certiorari under Rule 65.
the Ombudsman where I said walay klaro ang
Supreme Court. Read this other case, which is
better at addressing the decision of the Supreme
JURISDICTION OF THE REGIONAL TRIAL
Court Division.
COURT
Read this case as your assignment. It reiterated
the ruling that any decision or findings of the
Ombudsman in criminal and non-administrative
cases if there is grave abuse of discretion Slide:
amounting to lack or excess of jurisdiction, shall Remedial Law
be reviewable by way of Certiorari under Rule 65 Civil Procedure
to the Supreme Court.
Jurisdiction of the RTC
CRIMINAL CASES ADMINISTRATIVE
(Finding of probable CASES
cause)
Special Civil Action Appeal under Rule 43 Subject Matter Jurisdiction of the Regional
for Certiorari under or a Petition for Trial Courts
Rule 65 before the Certiorari under Rule
Supreme Court 65 before the Court of The jurisdiction of the Regional Trial Court is
Appeals provided primarily by Sections 19-24 of BP
Blg. 129, as amended, and also by other
GATCHALIAN vs. OMBUDSMAN special laws and rules.
GR No. 229288, August 1, 2018
Among all the courts, the RTC is a court of
general jurisdiction.
INFORMATION TECHNOLOGY Discussion: When we say Subject Matter

FOUNDATION OF THE PHILS. vs. Jurisdiction of the Regional Trial Courts, we
COMELEC are referring to those cases within the jurisdiction
GR No. 159139, June 6, 2017 (en banc) of the RTC. What are the kinds and nature of
cases within the power of the RTC to hear and
The Ombudsman's determination of probable decide?
cause may only be assailed through certiorari
proceedings before this Court on the ground

Just like the Supreme Court and the Court of
possession of real property or an
Appeals, we have the exclusive original
interest therein, where the assessed
jurisdiction, the concurrent original jurisdiction,
value of such property exceeds
and the appellate jurisdiction of the Regional
P20,000 (outside Metro Manila),or
Trial Court.
exceeds P50,000 (Metro Manila);
The jurisdiction of the Regional Trial Court is
provided primarily by Sections 19-24 of BP Blg. *If it is a civil action but the subject is incapable
129, as amended, and also by other special laws of pecuniary estimation, the jurisdiction is with
and rules. the RTC
BP Blg. 129 is the main law on jurisdiction *If it is a real action involving title to or
regarding the Court of Appeals, Regional Trial possession of real property, the jurisdiction
Court, and the Municipal Trial Courts. And those depends on the assessed value of the property -
about jurisdiction not found on BP Blg. 129 are it is with the RTC if the value exceeds P20K
also provided for by other special laws and rules. (outside MM)/ P50K (MM)
Remember: The RTC is a court of general **Assessed value - refers to tax declarations
jurisdiction because it has jurisdiction over a over the property
number of cases.
Continuation of ..
Edren (10:10-15:10)
Exclusive Original Jurisdiction
(Sec. 19, BP 129)
If a case does not fall within the jurisdiction of
any other court, it falls under the jurisdiction of
❖ Over actions in admiralty or maritime
the RTC.
jurisdiction where the demand or claim
exceeds P300,000 (outside Metro
RTC - has catch all jurisdiction
Manila) or exceeds P400,000 (Metro
Manila);
It can try not only a limited number of subjects
❖ Over matters of probate, testate, and
but several cases.
intestate, where the gross value of the
estate exceeds P300,000 (outside
Metro Manila), or exceeds P400,000
Slide: (Metro manila);
End 15:10
Unlike the MTC, a court of limited jurisdiction
that can only take cognizance of cases
expressly provided by law, the RTC is a court
of gen. jurisdiction because all cases, the 15:11-20:11 Gennard
jurisdiction of which is not specifically provided
by law to be within the jurisdiction of any other
court, falls within the jurisdiction of the RTC. Continuation
(Durisol Philippines, Inc. vs. CA, 377 SCRA
353; Sec. 19 (6), BP 129) Exclusive Original Jurisdiction
(Sec. 19, BP 129)
New topic: ● Over cases not falling within the

jurisdiction of any court, tribunal,
Exclusive Original Jurisdiction person, or body exercising judicial or
(Sec. 19, BP 129) quasi-judicial functions;
● In all other cases in which the
❖ In all civil actions in which the subject demand, exclusive of interest,
of the litigation is incapable of damages of whatever kind, attorney’s
pecuniary estimation; fees, litigation expenses, and costs or
❖ Over actions involving title to or

As you know of the concept of eminent domain,
the value of the property in
private property is taken for public use upon
controversy exceeds P300,000
payment of just compensation. With the
(outside Metro Manila) or exceeds
effectivity of RA 6657, agricultural lands
P400,000 (Metro Manila)
exceeding 5 hectares shall be covered by the
DAR. Mao na pasabot na subjected to coverage
Over cases not falling within the jurisdiction or gina CARP kay CARP-covered kay every
of any court, tribunal, person, or body person, natural or juridical, is only entitled to a
exercising judicial or quasi-judicial functions. maximum of 5 hectares of agricultural land, the
excess of that kay ginakuha sa government and
This is the catch-all jurisdiction of the Regional ginabayaran na siya, it is expropriated and will
Trial Court. That is why it is called a court of be distributed to qualified agrarian reform
general jurisdiction. beneficiaries. As a landowner, bayaran mo ug
just compensation. Ang magvalue sa inyong
land, primarily, is the Land Bank of the
Philippines. The Land Bank has a formula for
Slide: Exclusive Original Jurisdiction that. If you don’t agree with the Land Bank’s
(Under special laws and rules) valuation, you can contest that valuation.
● Acting as a Special Agrarian Court Primarily, sa DAR through the Provincial
over all petitions for the determination Agrarian Reform Adjudication Board (PARAD) or
of just compensation to land owners, with the Regional Agrarian Reform Adjudication
and the prosecution of all criminal Board (RARAD) or the central DARAB. These
offenses under RA 6657; are the quasi-judicial agencies of DAR.
Slide: WHAT TRIGGERS RTC’S AGRARIAN

20:12 - 25:12 Kate
JURISDICTION?
Under the law, the Land Bank is first charged

with the responsibility of determining the value If you don't agree with their determination, you file a
of lands placed under land reform and the case with the special agrarian court, in the RTC. In the
compensation to be paid for their taking. LandBank or DAR, that is merely preliminary
Through notice sent to the landowner pursuant determination of just compensation, so you bring
to Sec. 16(a) of RA No. 6657, the DAR makes that to the RTC acting as a special agrarian court so
an offer. In case the landowner rejects the that is provided under Section 50 thereof, Rule XIII,
offer, a summary administrative proceeding is Section (u) of the DARAB Rules of Procedure.
held and afterward the provincial (PARAD), the
regional (RARAD), or the central (DARAB)
adjudicator as the case may be, depending on To implement the provisions of R.A. No. 6657,
the value of the land, fixes the price to be paid particularly Section 50 thereof, Rule XIII, Section
for the land. If the landowner does not agree to (u) of the DARAB Rules of Procedure provides:
the price fixed, he may bring the matter to the
RTC acting as Special Agrarian Court. This in Land Valuation Determination and Payment of Just
essence is the procedure for the determination Compensation. - The decision of the Adjudicator
of compensation cases under RA No. 6657. on land valuation and preliminary determination
and payment of just compensation shall not be
appealable to the Board but shall be brought
We discussed before, under the doctrine of directly to the Regional Trial Courts designated as
primary jurisdiction, agrarian law implementation Special Agrarian Courts within fifteen (15) days
cases fall within the primary jurisdiction of the from receipt of the notice thereof. Any party shall
Department of Agrarian Reform (DAR) or the be entitled to only one motion for reconsideration.
DAR Adjudication Board (DARAB). However,
we’re talking here of the jurisdiction of the RTC
Within 15 days from notice, you bring the question
acting as a Special Agrarian Court in determining
just compensation. This is specific. on the determination of just compensation before
the Regional Trial Court. It's not an appeal. It's really
within the original jurisdiction of the RTC. Because

the one with DAR is preliminary determination of just
Exclusive Original Jurisdiction
compensation.
(Under special laws and rules)
TAKE NOTE THAT THIS IS STILL ORIGINAL ● Acting as a Special Commercial Court,
JURISDICTION over intra-corporate disputes and
corporate rehabilitation cases (Section 5.2
● The fact that the decision of the of R.A. No. 8799 or the Securities
Adjudicator on land valuation and Regulation Code)
preliminary and payment of just
compensation "shall be brought directly
Slide:
to the Regional Trial Courts" does not
mean that the RTC is exercising appellate
jurisdiction.
● The valuation of property in eminent Under Section 5.2 of RA 8799 or the Securities
domain is essentially a judicial function Regulation Code, so this is another law granting the
which cannot be vested in administrative RTC exclusive original jurisdiction over intra-
agencies. (Export Processing Zone corporate disputes and corporate rehabilitation
Authority vs. Dulay, G.R. No. L-59603, cases. What are these?
April 29, 1987)
Intra-corporate disputes as discussed in the case of
San Jose versus Ozamiz. This is internal in a
The valuation of property, as discussed in the case of corporation, or within and among the members.
Export Processing Zone Authority vs. Dulay, in
eminent domain is essentially a judicial function
which cannot be vested in administrative agencies. Two Tests
It's in the original jurisdiction of the RTC acting as a
special agrarian court. SAN JOSE versus OZAMIZ
G.R. No. 190590, July 12, 2017
Under the relationship test, there is an intra-

LAND BANK vs. J.L. JOCSON AND SON corporate controversy, when the conflict is:
G.R. No. 180803, October 23, 2009
(1) between the corporation, partnership, or
● Jurisdiction over appeals from decisions association and the public;
of the SAC resides in the Court of Appeals (2) between the corporation, partnership, or
via a Rule 42 petition for review, which association and the State insofar as its
may raise either questions of fact, or of franchise, permit, or license to operate is
law, or mixed questions of fact and law. concerned;
(3) between the corporation, partnership, or
And after that, if for example the RTC has decided, association and its stockholders, partners,
what's next? Jurisdiction over appeals from decisions members or officers; and
of the SAC resides in the Court of Appeals, although it
is under Rule 42 petition for review. Well actually, (4) among the stockholders, partners or
Rule 42 is actually an appeal from a decision of the associates themselves.
RTC acting in the exercise of its appellate jurisdiction,
but it's already clarified by the Supreme Court that
the RTC is not acting as an appellate court over This will determine whether or not the issue is intra-
petitions for determination of just compensation. corporate controversy, which falls under the
Although the mode of review of the RTC decisions jurisdiction of the Regional Trial Court acting in intra-
are a little weird because it's Rule 42. Just remember corporate disputes or in corporate rehabilitation
that. It could raise questions of facts, questions of cases.
law, or mixed questions of fact and law.

transferred to the RTC acting as a Special
In accordance with the nature of controversy test,
Commercial Court.
an intra-corporate controversy arises when the
controversy is not only rooted in the existence of ROMAN, JR VS SEC
an intra-corporate relationship, but also in the (GR No. 196329, June 1, 2016)
enforcement of the parties' correlative rights and
obligations under the Corporation Code and the Under the SRC, jurisdiction on intra-corporate
internal and intra-corporate regulatory rules of the disputes has already been transferred to the RTC
corporation. acting as a special commercial court. despite the
said transfer, however, the SEC still retains
25:13 -30:13 (khayzee) sufficient powers to justify its assumption of
jurisdiction over matters concerning its
We will not discuss unsa gyud ng cases because supervisory, administrative and regulatory
that will be discussed in your corpo. Ang subject
functions.
matter jurisdiction lang atong gina isturyahan
unsa pa jud ang subject matter jurisdiction sa
RTC. Despite the SEC transfer however, the SEC still
retains sufficient powers to justify its assumption
Slide: of jurisdiction over matters concerning its
supervisory, administrative and regulatory
In accordance with the nature of controversy
functions. So diha remember like katong sa
test, an intra-corporate controversy arises when katong Kapa na case, Rigen? familiar ba mo
the controversy is not only rooted in the existence ana? Nag invest ba mo ana? Okay. Ang sa SEC
of an intra-corporate relationship, but also in the to siya regulatory administrative regarding those
enforcement of the parties’ correlative rights and kinds of activities na wala diay silay authority
obligations under the Corporation Code and the from the SEC.
internal and intra-corporate regulatory rules of the
corporation. Slide:
Beyond doubt, therefore, is the authority of the
Why do we need to know? SEC to hear cases regardless of whether an
Because ang confusion diha mag arise whether action involves issues cognizable by the RTC,
or not asa man ni siya nako i file. Sa SEC, provided that the SEC could only act upon those
security and exchange commission, or sa which are merely administrative and regulatory
regional trial court. So, again, intra corporate in character.
controversies and corporate rehabilitation cases,
RTC. The others unsa man na? Naa puy nabilin
sa SEC? In other words, the SEC was never dispossessed
of the power to assume jurisdiction over
Kay, can the SEC be divested of authority once a complaints, even if these are riddled with intra-
case is alleged to be an intra corporate corporate allegations, if their invocation of
controversy? authority is confined only to the extent of ensuring
compliance with the law and the rules, as well as
Does this mean the SEC can be divested of to impose fines and penalties for violation thereof;
authority once a case is alleged to be an intra- and to investigate even motu proprio whether
corporate controversy? corporations comply with the Corporation Code,
the SRC and the implementing rules and
NOT NECESSARILY
regulations.
So meaning even if the allegations na intra

Not necessarily. Kay, discussing the cause of
corporate ang nature pero ang prayer lang nimo
Roman Jr. VS SEC, what is the ruling of the
or ang relief na ginapangayo nimo sa SEC, is
supreme court here? Under the Securities
about its supervisory powers, its administrative
Regulation Code, or the SRC, jurisdiction on
powers to ensure compliance with the laws naay
intra corporate disputes has already been
jurisdiction ang SEC ana.

pangutana what is the mode of review? Kay,
It cannot decide on all other matters na regarding under the Rules Of Court man gud, the way of
rehabilitation or the controversies between the review, pwede ta rule 41, from the RTC to the
stockholders or corporations, wala to siya. Didto Court of Appeals, rule 42, also from the RTC to
lang kutob and pwede irule sa SEC. the court of appeals, Rule 43, from the RTC to
the court of appeals.
Okay, so just remember na the:
CONCLUSION
Thus, parties cannot simply aver that the 30:14 - 35:14 Kue
matter is an intra corporate controversy to
divest the SEC of jurisdiction in pending cases
before it. As explained by no less than the Rule 43 from the RTC to the CA. There is also
Supreme Court, the SEC still has jurisdiction Rule 45 from the RTC to the SC, which we
over matters concerning its expansive its already discussed. So, we have to know kung
supervisory, administrative and regulatory gikan kani na body, although we know na kani
functions siya ang sunod. Kabalo ta gikan sa RTC kay CA
siya pero unsa ang mode of review? Is it Rule
41, 42, 43.
Again, as long as naa sa iyahang, within
supervisory, administrative and regulatory
functions, maka rule sa SEC.
So, kini kaganiha katong sa RTC acting as a
special agrarian court we said na Rule 42.
Slide:
As we previously noted:
Under the AM No. 04-09-07-SC, A PETITION
The Court of Appeals exercise exclusive appellate FOR REVIEW UNDER RULE 43
jurisdiction over decisions and final orders of the
RTC acting as Special Commerical Court in case All decisions and final orders in cases falling
falling under the Interim Rules of Procedure under the Interim Rules of Corporate
governing Intra-Corporate Controversies under Rehabilitation and the Interim Rules of
Republic Act no. 8799. Procedure Governing Intra-Corporate
Controversies under RA No. 8799 shall be
What is the mode of review? appealable to the CA through a petition for
review under Rule 43 of the Rules of Court.
So, we already discussed the sa katong court of

appeals. So gikan sa RTC, as a special
commercial court, asa man nato i elevate ang
decision sa RTC, we already discussed this,
COURT OF APPEALS, noh? Exclusive
appellate jurisdiction over decisions and final
orders or the regional trial court acting as a
special commercial court in cases falling under So kani, what is the mode of review, Rule 43.
the Interim Rules Of Corporate Rehabilitation
and The Interim Rules Of Procedure Governing
Intra Corporate Controversies, kay, I mentioned
that before when we were in the jurisdiction, Timan-i lang ninyo, as a general rule, I’m not
appellate jurisdiction of the court of appeals, I saying na everything but as a general rule when
said na we will discuss this more in jurisdiction of you seek to review the decision of a quasi-
the RTC. judicial agency, or the RTC acting or having
been in trusted with the authority of a previously
Now, what is the mode of review? From the quasi-judicial agency like the SEC gitransfer sa
RTC, to the Court of Appeals. Ngano sige ta

RTC ang mode of review to CA IS RULE 43.
mao na siya usually. Pag quasi judicial agencies.
New Rules
The Court most recently promulgated A.M. 12-

We discussed an exception is katong sa NLRC 12-11-SC, or the Financial Rehabilitation
diba. NLRC although it is a quasi-judicial agency Rules of Procedure (2013 Rules) on August
but the decision of the NLRC is final and 27, 2013.
executory so you cannot appeal to the CA but
you can question if there is grave abuse of The 2013 Rules eliminated the remedy of
discretion amounting to lack or excess of appeal from the rehabilitation court’s approval
jurisdiction by an ORIGINAL ACTION
or disapproval of the rehabilitation plan.
CERTIORARI UNDER RULE 65. Where to the
CA under the case of St. Martin Funeral Homes
vs NLRC (GR No. 130866.) Not to the SC
because you have to observe the doctrine of
We also have the new rules, Admin No. 12-12-

Again, remember RULE 43.
11-SC or the Financial Rehabilitation Rules of
Procedure or which is called the 2013 Rules.
Which the remedy of appeal from the
COMMENT rehabilitation court’s approval or disapproval of
the rehabilitation plan.
Rule 43 describes a remedy that specifically
applies to quasi-judicial bodies, not to courts of
justice.
We are talking here of the rehabilitation.
Basically when we say rehabilitation, so naay
maybe its a corporation or partnership, a juridical
entity that has become insolvent.
I already mentioned noh this specifically applies So, it is in financial distress. So gusto nimo siya
to quasi-judicial bodies not to courts of justice but isave or gusto nimo siya iliquidate or tagaan
here Rule 43 gihapon kay katong powers man nimo siya ug chance to settle its obligations so
gud na gina exercise sa RTC as a special court you will have a rehabilitation plan for that so sa
gikan to siya before sa quasi-judicial body RTC gihapon na siya. But what is the remedy for
gitransfer sa RTC. example kung giapprove or disapprove ang
rehabilitation plan?
Rule 6
PROCEDURAL REMEDIES
Section 1. Motion for Reconsideration - a party

may file a motion for reconsideration of any
order issued by the court prior to the approval
of the Rehabilitation Plan. No relief can be
extended to the party aggrieved by the court’s
order on the motion through a special civil

action for certiorari under Rule 65 Rules of Rule 65. It effectively lends more credence to
Court. An order issued after the approval of the factual findings and the judgment of
the Rehabilitation Plan can be reviewed only rehabilitation courts.
through a special civil action for certiorari
under Rule 65 of the Rules of Court.
Wala na tong kuwan ha, take note lang Rule 43

although RTC acting as a special commercial
Under Rule 6, we can file a motion for court but excluding orders relating to the
reconsideration and then kung gi deny imong MR approval or disapproval of the rehabilitation plan.
because the rule says no appeal unsa imong So, kana siya walay remedy of appeal.
remedy? Well when there is no appeal and any
other place speedy and adequate remedy in the
ordinary course of law but there is grave abuse 35:15 - 40:15
of discretion again amounting to lack or excess
of jurisdiction. RULE 65 CERTIORARI. That’s Dili Rule 43 but Rule 65 Certiorari to the Court of
the remedy to the CA following the doctrine of Appeals.
(SLIDE) SUMMARY: REMEDY AGAINST RTC

Section 2. Review of Decision or Order kn ACTING AS SPECIAL COMMERCIAL COURT
Rehabilitation Plan 1 An order approving or
disapproving a rehabilitation plan can only be
ORDER REMEDY NOTES
reviewed through a petition for certiorari to the
CA under Rule 65 of the Rules of Court within
15 days from notice of the decision or order. Any order MOTION FOR No relief can
issued by the RECONSIDERATIO be extended
court prior to N WITH THE RTC by the party
the approval aggrieved by
of the the court’s
Rehabilitation order on the
Plan motion
So, that’s also in Section 2. (interlocutory through a
orders) special civil
action for
Golden Cane vs Steelpro certiorari
under Rule 65
GR No. 198222, April 04, 2016
Any order CERTIORARI
issued after UNDER RULE 65
the approval WITH THE CA
Under the 2013 Rules, the Rehabilitation of the
Court's final order approving or disapproving a Rehabilitation -----------------
rehabilitation plan is no longer subject to Plan
appeal; it can only be reviewed through a
petition for certiorari. The 2013 Rules
An order CERTIORARI This includes
narrowed the scope of appellate review from
approving or UNDER RULE 65 the dismissal
errors of law and fact under Rule 43, to errors disapproving a WITH THE CA of the petition
of jurisdiction or abuse of discretion under

So, it is really required as a general rule. There
are however certain exceptions that the court will
rehabilitation because it
dispense with the requirement of a motion for
plan or any amounts to a
reconsideration. But that is an exceptional
other final failure of
circumstance.
order rehabilitation.
It is
● An order approving or disapproving a
considered a rehabilitation plan or any other final
final order. order
Discussion: So, remedy, as we already discussed, Motion for

reconsideration and if denied, certiorari under
So, what is the nature of the order? What is the Rule 65.
remedy?
Now, any other order not for the rehabilitation,
● Any order issued by the court prior to intra-corporate controversies, appeal to the Court
the approval of the Rehabilitation Plan of Appeals under Rule 43.
(interlocutory orders).
What is an interlocutory order? FINAL versus INTERLOCUTORY ORDER

An interlocutory order is issued by the court
● A FINAL ORDER is one that finally
pending the final judgment. Wala pa na-
determine sa court ang merit sa case. So, didto disposes of the case, leaving nothing else
pa lang ta sa tunga-tunga, wala pa ta nahuman. to be done.
And then, when the court issues an interlocutory ● An INTERLOCUTORY ORDER is one
order, there is something for the court to do. that leaves something still to be done by
the trial court with respect to the merits of
So, if you are aggrieved of that interlocutory the case.
order, you file for a motion for reconsideration
● While a final order can be appealed, an
with the RTC.
interlocutory order cannot.
No relief can be extended by the party aggrieved
by the court’s order on the motion through a Discussion:
special civil action for certiorari under Rule 65.
Meaning, motion for reconsideration lang ka, you Example: when we go to “motions” - a motion to
cannot go for a certiorari. Also, it is not allowed. dismiss, for example nag rule ang judge on your
(We are talking of interlocutory orders.) motion to dismiss. Is that ruling a final order?
Or an interlocutory order?
● Any order issued after the approval of
the Rehabilitation Plan IF IT IS A GRANT OR APPROVAL, “Okay, the
Motion to dismiss is granted. The case is
So, actually you can also have a motion for dismissed”. That partakes of a FINAL ORDER.
reconsideration, if DENIED - certiorari under
Rule 65. Why? Because wala na man, it finally disposes
of the case. The court has nothing else to do
Actually, the general rule on certiorari under Rule after it dismisses a case.
65, dapat mag motion for reconsideration ka, you
have to give the court a quo or the court of origin, But IF THE COURT DENIES the motion to
the tribunal or the body, whose decision is dismiss, “Motion to dismiss is denied”, IT IS NOT
assailed to CORRECT ITSELF. Give chance to A FINAL ORDER.
that court to reconsider. So, if dili, for example,
despite the motion for reconsideration, denied Why? Because the court will continue with the
gihapon, that is the time you go by way of case. After it denies the motion to dismiss, the
certiorari to the Court of Appeals. court will continue with the case. There is still
something more for the court to do. That is not a
final order.

Okay, that is an illustration of what is a final order
and what is not a final order.
latter;
● An INTERLOCUTORY ORDER is one 2. Petitions for adoption of children and the
that leaves something still to be done revocation thereof;
by the trial court with respect to the
merits of the case. 3. Complaints for annulment of marriage,
declaration of nullity of marriage and
So, I already discussed it. those relating to marital status and
property relations of husband and wife or
● While a final order can be appealed, those living together under different
an interlocutory order cannot. status and agreements;
Interlocutory orders cannot be appealed. There 4. Petitions for support and/ or

are interlocutory orders that the remedy is acknowledgment;
usually motion for reconsideration, if it is denied,
you can go with certiorari. 5. Summary judicial proceedings brought
under the provisions of Executive Order
40:16 - 45:16 No. 209, otherwise known as the “Family
Code of the Philippines”;
DISCUSSION: There are interlocutory orders
ang remedy ana usually is motion for 6. Petitions for declaration of status of
reconsideration for interlocutory order. If denied, children as abandoned, dependent or
you can go by way of certiorari. neglected children, petitions for voluntary
or involuntary commitment of children; the
But take note that there also another denial or suspension, termination, or restoration of
rulings na dili pwede i-elevate by way of parental authority and other cases
certiorari. We will go there in the subsequent cognizable under Presidential Decree
rules. Naay mga dili nimo pwede i-elevate by No.603, Executive Order No. 56 (Series
certiorari. Unsa imong buhaton kung aggrieved of 19860, and other related laws; and
ka? Maghulat ka na mahuman ang kaso. Then, if
mahuman na ang kaso, imong, issue isagol nimo 7. Petitions for the constitution of the family
sa imuhang appeal. Itaas kabuban sa final home.
decision and i-elevate nimo. So, not all
interlocutory order can be elevated on certiorari
under rule 65. DISCUSSION: We will just discuss the non-
criminal cases because criminal cases sa
inyuhang man ng criminal procedure.
SLIDE: Exclusive Original Jurisdiction
● Petitions for guardianship, custody of children,
habeas corpus in relation to the latter.
Acting as a Family Court, over the actions
-We discuss this in the case of Madrinan vs.
enumerated under Section 5 of RA 8369,
Madrinan.
plus RA 9262.
● Petitions for adoption of children and the
revocation thereof.
DISCUSSION: You know what is RA 9262?
Violence against Women and Children or VAWC. -Again, the Family Courts RTC gihapon ni sya,
acting as a Family Court.
● Complaints for annulment of marriage,

SLIDE: Non-Criminal Cases Under the declaration of nullity of marriage and those
Family Courts relating to marital status and property
relations of husband and wife or those living
1. Petitions for guardianship, custody of together under different status and
children, habeas corpus in relation to the agreements, and

-Magpa-annul kag kasal, declaration of nullity of of RA No. 8369. You don’t have to file a separate
marriage, legal separation, separation of case sa family court para lang katong incidental
property, those related to marital status, the issue ma determine. Pwede siya ma resolve by
properties between the husband and the wife, that court.
those who are living together under different
status of marriage and petitions for dissolution of
conjugal partnership of gains.
● Petitions for support and/ or acknowledgment;
Under the RULE ON THE WRIT OF HABEAS
● Summary judicial proceedings brought under the
DATA, over a petition for issuance of a writ of
provisions of Executive Order No. 209,
habeas data which does not involve public
otherwise known as the “Family Code of the
data files of government offices (Section3 ,
Philippines”
A.M. No. 08-1-16-SC).
-Like declaration of presumptive death sa family
court. Kanang gusto ka mag-asawa bitaw usab
unya nawala na imng bana wa nakakabalo kung
asa siya so summary proceedings na siya fro
declaration of presumptive death.
● Petitions for declaration of status of children as (Under special laws and rules)
abandoned, dependent or neglected children,
petitions for voluntary or involuntary Over all criminal and civil cases involving
commitment of children; the suspension, violations of the Philippine Competition Act
termination, or restoration of parental authority and other competition-related laws (Section
and other cases cognizable under Presidential 44, Republic Act No. 10667 or the Philippine
Decree No.603, Executive Order No. 56 Competition Act)
(Series of 19860, and other related laws.
-Kani kailangan nimo ni siya for example gusto DISCUSSION: We also mention this in the
nimo mag-adopt and that child having the status. appellate jurisdiction of the Court of Appeals. So,
appellate to kani original. Diri musugod ang
● Petitions for the constitution of the family home. exclusive original jurisdiction.
-We don’t need a petition na to constitute a

family home.
SLIDE: When may family issues be
determined by a non-Family Court? PD 1529, Sec. 17. What and where to file.-
The application for land registration shall be
If any question involving any of the above filed with the Court of First Instance of the
matters should arise as an incident in any province or city where the land is situated.
case pending in the regular courts, said XXX
incident shall be determined in that court (last
paragraph, Section 5 of RA No. 8369).
DISCUSSION: Mga land registration cases. Nag

land registration na ba mo?
DISCUSSION: Those same issues which we
mentioned katong guardianship and property Tin T 45:17-50:17
relations. Actually, if they are also raise incident
in another case filed before a regular court like LAND REGISTRATION CASES
for example partition of real property then mu
crop up ang mga issues relating to issues na Section 17. What and where to file. The
naa sa jurisdiction sa family court, pwede application for land registration shall be filed with
gihapon siya i-resolve sa regular court if they’re the Court of First Instance (RTC) of the province
incident so that’s the last paragraph of Section 5 or city where the land is situated. XXX

Other cases: Discussion:
· Section 32: Petition for review of decree of Indirect Contempt Example:

registration within one year from and after the
date of entry of such decree or registration. You are the court, then naa kay gi issue na writ
of preliminary injunction to enjoin this person
· Section 36: Cadastral registration. from doing a certain act. Then, wala niya
gituman. What is the remedy against the person?
· Section 70: Adverse Claims
It is indirect contempt because it is not
- ipatanggal ang adverse claims committed in the presence of a judge.
sa imung titulo,sa RTC na siya.
Indirect contempt is a petition. If it is indirect
· Section 108: Amendment and alteration of contempt committed against the MTC, pwede
certificates. siya ifile sa MTC itself or pwede pud pud sa
RTC. They have concurrent original jurisdiction.
- naay mali sa imung certificate of title
then imung ipausab, sa RTC na siya. Kung gi file siya with the MTC, appeal siya with
the RTC.
Also, petition for issuance of new owner’s copy
of the title (pag nawala ang certificate of title) is Kung gi file siya with the RTC, appeal siya with
under the exclusive original jurisdiction of RTC. the CA.
CONCURRENT ORIGINAL JURISDICTION APPELLATE JURISDICTION
1. With the SC in actions affecting Sec 22, BP 129

ambassadors, public ministers, and
consuls (Section 21 (2) of BP 129); Appellate jurisdiction over cases decided by
lower courts (MTCs) in their respective
2. With the SC and the CA in petitions for territorial jurisdictions. The decisions of the
certiorari, prohibition and mandamus RTC in the exercise of its appellate jurisdiction
against lower courts and bodies and in shall be appealable by petition for review to
petitions for quo warranto and habeas the CA.
corpus (Section 21 & Section 9, BP 129);
This is RTC acting as an appellate court.
3. With the SC, the CA and the SB to issue
writs of amparo (Section 3, AM 079-12-SC) Decisions of the MTC are appealable to the
RTC.
4. With the SC and the CA to issue writs of
continuing mandamus (Rule 8 Section 2, AM 50:18- 51:30 up to 56:03
09-6-8-SC)
5. With the MTC in petitions for indirect SLIDE:

contempt under Rule 71, Sec. 5, where such
contempt has been committed against the SPECIAL JURISDICTION
(Section 23, BP 129)
MTC. Where filed with the MTC, appeal shall
be made with the RTC. ● Certain branches of the Regional Trial
Court may be designated by the
6. With the MTC in the issuance of Supreme Court to handle exclusively
Temporary Protection Orders (TPOs) or criminal cases, juvenile and domestic
Permanent Protection Orders (PPO) relations cases, agrarian cases, urban
pursuant to RA 9262. and land reform cases which do not

Forcible
fall under the jurisdiction of quasi-
ADMIRALTY AND MARITIME JURISDICTION,
judicial bodies and agencies, and/or
Two kinds
such other special cases as the
Supreme Court may determine in the
interest of a speedy and efficient
administration of justice (Sec. 23, BP NOTES: Cases under admiralty and
Blg 129) maritime jurisdiction includes two kinds of
cases:
1. Those involving acts committed on the
high seas or other navigable waters;
DISCUSSION: Mao ni sya sa una ang Sec. 23,
and
Batas Pambansa Blg 129. This is the basis of the
2. Those involving contracts and
creation of the Familly Courts, Special Agrarian
transactions connected with shipping
Courts - RTCs which are designated as family
and employed on the high seas or
courts and special agrarian courts.
navigable waters.
● and/or such other special cases as the
Supreme Court may determine in the
interest of a speedy and efficient
administration of justice DISCUSSION:
- So, within the authority of the Remember, ang nahitabo kay sa high seas or in
Supreme Court to give that to navigable waters. Mao na sya ang cases under
the RTC acting as a special admiralty and maritime jurisdiction.
court.
SLIDE NOTES:
● The phrase “exclusive of interest,
EXCLUSIVE ORIGINAL JURISIDICTION damages of whatever kind, attorney’s
(RTC) fees, litigation expenses, and costs”
Where money is the parameter (Section 19 implies that only the amount of the
of BP 129) main claim will be used in determining
jurisdiction.
Actions in admiralty RTC if: ● Testate means that there is a will
or maritime involved in the settlement of the estate
jurisdiction [Section Demand, claim or of a deceased person. Intestate
19 (3)] gross value of the means that the deceased left no will.
estate exceeds
Matters of probate, P300,000 outside
test or intestate Metro Manila or
[Section 19(4)] P400,000 if within
DISCUSSION: “XXX implies that only the
Metro Manila
Any other demand, amount of the main claim will be used in
exclusive of interest, determining jurisdiction.”
damages of whatever ● The main claim, walay labot ang interest,
kind, attorney’s fees, damages in determining jurisdiction
litigation expenses,
and costs; or the SCENARIO: You have a claim for loan. The
value of the property amount of the loan is P300,000.
in controversy
[Section 19(8)] 56:04 - 1:02:28
If demand, claim or Automatic MTC With interest and you're also claiming for
gross value of the damages, because you suffered sleepless
estate does not nights, moral shock and serious anxiety so ni-
exceed these abot ug 500,000 imong claim. The determination
amounts: of the jurisdiction is based only on the main claim
exclusive of interest and damages and etc. So if
the principal is only 300,000 then it falls within

the jurisdiction of the MTC if it is outside Metro
Notes:
Manila because it did not exceed 300,000.
The phrase “the value of the property in
controversy” refers to personal property only
Testate katong matters probate. What do u mean
because, when it comes to real property, we
by testate or intestate? Pag testate gni meaning
follow different parameters as follows:
nay last will and testate, so pagnamatay ang isa
ka tao and nagbilin siyag last will and testatment.
The last will and testament would have to be Now dba sa ika-third katong any claim or other
probated. Meaning the court will determine the claim where the demand exclusive of interest…
genuiness and the due execution of the will. So does not exceed 300,000 blahblah, or the value
if the Gross Value meaning wlay labot ang mga of the property in controversy, we are referring
utang sa estate and obligations didto ta magbase here to personal property, because if real
if it does not exceed 300,000 MTC and if property lahi ang threshold to determine
exceeding 300,000 RTC. 400,000 ang threshold jurisdiction. You know what is personality dba,
if within Metro Manila. those which are movables, cars, furniture,
jewelry, and even documents.
Intestate meaning walay last will and testament,
so unsay may adtuon sa korte if walay last will
and testament. If wala pa sila nag-agree among
Exclusive Original Jurisdcition where assessed
themselves sa pagdistribute sa estate. Kay if
value is used
mag-agree na sila kay extra-judicial settlement
Action involving title to or possession of real
lang na siya and ok lang na siya document na
property or an interest therein, where the
notarize. Pero if dili magkasinabot kay mu-adto
assessed value of such property exceeds
ug korte, petition for the settlement of the
20,000 (outside Metro Manila) or exceeds
intestate estate of Juan Dela Cruz and sa court
50,000 (Metro Manila)
isettle ang estate and again were basing on the
Gross Value.
Pag probate we do not follow the rules of civil If exceeding kay RTC if below kay MTC.
procedure kay special proceeding man nah siya.
Lahi ang rules. Were just talking about
jurisdiction, MTC bah or RTC. But as to the
procedure this will be discussed in your Special Example
Proceeding. Maja seeks to recover title to agricultural land
from Yassi. She previously sold it to Yassi In
2020 for 500,000.
True or False:
Notes: Because the amount of the consideration is
Gross value of the estate means the total of all 500,000 the action shall be lodged in the RTC.
the assets that make-up the deceased estate False:
before the removal of their debts. Take note that the action (to recover title) is a
Real Action, or one founded on the privity of
A probate court cannot adjudicate title to real estate (i.e. title to or possession of real
properties to be part of the estate. All that the property or an interest therein), Maja seeks to
court could do is to determine whether they recover ownership no the consideration for the
should or should not be included in the list of sale.
properties to be administered.
So if it is a probate court special lang ang

jurisdiction, it will only determine matters to the 1:02:29 – 1:08:56 Transcribed by Derogongan
extrinsic validity of the will, meaning mao ba jd
ning last will na gibuhat sa patay, naa ba siyay The action (to recover title) is a REAL ACTION,
sound mind tung pagbuhat. Legal age ba siya, or or one founded on the privity of real estate (i.e.
if wala ba siya gipugos. It will not determing title to or possession of real property or an
question on ownership, filiation, and other interest therein). Maja seeks to recover
matters. ownership, not the consideration for the sale.

An action to recover title, action involving title to,
Founded on the privity Any other action that
or interest in real property, the basis for
of real estate, it is not founded on the
determining jurisdiction is the assessed value of
affects title to or privity of real estate.
the property. Because ang iyahang action is to
possession of real
recover the title, not for specific performance, not
property, or an
for the rescission of the deed of sale, so it is a
interest therein
real action. It should be based on the assessed
value of the real property. So tan-awa na ‘to dili
ang price sa deed of sale but the assessed value
The parameter to The parameter to
of the property.
determine whether it determine whether
is the RTC that has the amount of the
What is the assessed value?
jurisdiction is the claim or demand or
Kung naay tax declaration, we refer to the tax
assessed value of the value of personal
declaration. Kabalo na mo sa tax declaration,
real property. If the property. If amount or
lahi na siya sa titulo ha. Ang certificate of title
assessed value value exceeds
you find that with the Registry of Deeds. Walay
exceeds P20,000 or P300,000 or
presyo na nakabutang diha sa titulo. Kanang tax
P50,000 as the case P400,000 as the case
declaration, you will find that in the Office of the
may be, the RTC has may be, the RTC has
City Assessor, municipal or provincial assessor.
jurisdiction. jurisdiction.
Depende kung asa ka tax declaration. Again,
naa diha ang assessed value sa property. Mao
na ang imong i-attach sa imong complaint. For
example, if walang assessed value then you go
to BIR, zonal value. Naa man nay zonal value,
A real action is A personal action is
though kato mas taas ang zonal value sa BIR
commenced and tried commenced and tried
kaysa sa assessed value. Kung wala pud siya,
in the proper court where the plaintiff or
based on your declaration. Imuha ng i-alleged
which has jurisdiction any of the principal
sa imuhang complaint, ang assessed value sa
over the area wherein plaintiffs resides, or
imong property. Otherwise, the complaint is
the real property where the defendant
dismissible. Why? It could be lack of jurisdiction.
involved, or a portion or any of the principal
Why? Because how could the court know kung
thereof, is situated. defendants resides, at
asa may jurisdiction, wala ka man nag-alleged sa
the election of the
assessed value. You should allege so that the
plaintiff.
court could either know if within the jurisdiction
ba siya. Kung sa RTC mo siya gifile, whether
kung ‘yung 20,000 ba siya outside of Metro
Manila. Here, we based on the assessed value,
not on the market value or fair market value.
A real action is founded on the privity of real
Real action vs Personal Action estate, it affects title to or possession of real
property, or an interest therein. A personal action
When we say real action, an action involving title is one that is not founded on the privity of the
to or possession of real property. Personal action real estate.
is any action which does not involve title to or
possession to real property. But remember that Ngayong important for us to know whether it is
not all action na naay mainvolve or naay real or personal action? One is jurisdiction. The
matouch na real property is already a real action. parameter to determine whether it is the RTC
It’s possible na it’s a personal action. that has jurisdiction is the assessed value of the
real property. If the assessed value exceeds
Why do we need to know whether it is a real or P20,000 or P50,000 as the case may be, the
personal action? These are the things you need RTC has jurisdiction. However, if it is not a real
to consider. action, if it is personal action, the parameter to
determine whether it is the RTC has jurisdiction
is the amount of the claim or demand of the
REAL ACTION PERSONAL ACTION value of the property. If the amount or value
exceeds P300,000 outside MM, RTC. P400,000
outside MM, RTC below that MTC.

There are also personal actions na walay or that he has the legal rights to have
amount involved like action incapable of exclusive control, possession, enjoyment, or
pecuniary estimation, walay amount involved disposition of the same. Title is the “legal link
diha. But jurisdiction also lies with the RTC. Dili between (1) a person who owns property
na ka malibog kay wala ka nang iconsider na and (2) the property itself.”
amount.
NOTES
The other consideration is as to venue. Because ● Where it is contended that the action
a real action is commenced and tried in the involves title to or possession of real property
proper court which has jurisdiction over the area or any interest therein, jurisdiction is not
wherein the real property involved, or a portion automatically vested in the RTC. You have to
thereof, is situated. Venue. Kay kung real action, look at the ASSESSED VALUE OF THE
as a general rule, kung asa nakabutang ang PROPERTY.
property, kung asa located ang property like if
the property is located in Davao City, then the ● If the assessed value of the real property is
venue is in Davao City. You cannot file the case more than P20,000.00 or P50,000.00 in
in any other venue except kung nagfall mo in any Metro Manila, that’s the time the RTC has
exception but as a general rule, where a property jurisdiction.
or a portion thereof is located. For example, ang
property is nasa boundary ng Davao City, sa I have to also clarify that there are certain actions
may Sta. Cruz, you can file in any appropriate involving possession of real property na dili sa
court where the portion of the property is located RTC but sa MTC – Forcible entry and unlawful
whether sa Sta. Cruz, or diri sa Davao City. In detainer cases although they involve possession
the proper jurisdiction, meaning, if the assessed to real property they are not within the jurisdiction
value of the property is more than P20,000 RTC, of RTC but with the MTC.
that’s where you refer to jurisdiction. Now as to
the place where it is to be filed, Davao City, it is But of course, you have to know what is a
with respect to venue. forcible entry case and unlawful detainer case
because as we have already discussed to
A personal action on the other hand is determine the jurisdiction of the court you have
commenced and tried where the plaintiff, so lahi to examine the allegations in the complaint.
ang venue, where the plaintiff or any of the
defendants reside. For example, the title of your case is forcible
entry so you filed in Municipal Trial Court as it is
1:08:57-1:14:24 (LUCMAN) under their jurisdiction but based on the recital of
your complaint it will not qualify as forcible entry.
PRINCIPLE TO REMEMBER It is an ordinary case for recovery of possession
because you filed the case more than one year
● For real actions, real property is ALWAYS after this possession. Dili na sya forcible so
involved. Any action that relates to other walay jurisdiction ang court. So you have to be
property (i.e. personal, incorporeal), even if it careful that all the elements of the case are
involves title or possession, is considered a properly recited or alleged in the complaint for
personal action. the court to have jurisdiction.
Incorporeal – no physical existence but they exist ❖ The Sebes claim that their action is, first, for
by legal contemplation such as goodwill, the DECLARATION OF NULLITY of the
copyright and patent. documents of conveyance that defendant
Sevilla tricked them into signing and, second,
Even if the issue here involves title of possession for the RECONVEYANCE of the certificate of
of personal properties, the parameter here is not title for the two lots that Sevilla succeeded in
20 50 but 300 400 pag personal properties. getting. The subject of their action is, they
conclude, incapable of pecuniary estimation.
HEIRS OF SEBE VS. HEIRS OF SEVILLA
G.R. No. 174497, October 12, 2009 When you say declaration of nullity, ordinarily
that is an action which is incapable of pecuniary
❖ An action “involving title to real property” estimation that is in the same level as an action
means that the plaintiff’s cause of action is for rescission, or action for specific performance.
based on a claim that he owns such property Meaning you cannot estimate in terms of money

LET'S GO BACK to:
1:14:25 - 1:20:52
In all other cases in which the demand, exclusive of
That is in the same level as an action for rescission,
interest, damages of whatever kind, attorney's
action for specific performance, meaning, you cannot
fees, litigation expenses, and costs or the value of
estimate in terms of money because you are just
the property in controversy exceeds P300,000
seeking to have these documents declared null and
(outside Metro Manila) or exceeds P400,000
void, or you want a contract rescinded or annulled or
(Metro Manila).
you just want the person to perform his obligation in
the contract. We cannot measure that in terms of
money, that's why their basis for filing this with the Again, in all other cases not involving real property,
RTC is because this is a declaration of nullity case. also not incapable of pecuniary estimation, we base
Therefore, it is incapable of pecuniary estimation, on the value of the property, exceeding P300,000 or
and based on BP Blg. 129, that is within the original P400,000 as the case may be.
exclusive jurisdiction of the RTC. Is that correct?
Because that is their contention.
NOTES
ISSUE:
"Damages of whatever kind" means actual and
The Supreme Court determined that the compensatory, moral, nominal, temperate,
controversy was ultimately about which among liquidated and exemplary. More on the kinds of
the parties has valid title to the two lots and would damages later on when we discuss docket fees.
thus be legally entitled to the certificates of title
covering them.
“Damages of whatever kind“ which are not included
in the computation of the amount of the demand
HELD:
for the purpose of determining jurisdiction, we
mean actual and compensatory, moral, nominal,
The present action is not about the declaration of
temperate, liquidated and exemplary damages.
the nullity of the documents or the reconveyance
to the Sebes of the certificates of title covering the
This was explained to you in your Obligations and
two lots. These would merely follow after the trial
Contracts. Under Article 1170 of the Civil Code, those
court shall have first resolved the issue of which
who are guilty of fraud, contravention of the tenor of
between the contending parties is the lawful
the obligations, delay, negligence are liable for
owner of such lots, the one also entitled to their
damages. So these are the damages. These are the
possession.
kind of damages that are not included.
Based on the pleadings, the ultimate issue is
whether or not defendant Sevilla defrauded the
EXAMPLE: When you file a case, for example, for
Sebes of their property by making them sign
recovery of possession of jewelry, you include in the
documents of conveyance rather than just a deed
allegation if it's a loan, the interest, the penalties, the
of real mortgage to secure their debt to him. The
damages that you suffered because you could not
action is, therefore, about ascertaining which of
sleep, moral damages, nominal, etc., and then
these parties is the lawful owner of the subject
attorney's fees because you hired a lawyer to
lots, jurisdiction over which is determined by the
represent you in the case, and cost of litigation
assessed value of such lots.
because you will pay docket fees, transcript of
stenographic notes, etc. You will have many expenses
This is because ultimately, the question boils down to when you file a case, but these are not included in
the determination of who has title over the lot. Who the determination of jurisdiction over the subject
is the real owner of the lot? Why should be allow matter of the case.
Sebe to recover? Is he the real owner of the lot in the
first place? That involves title to or possession over
"Attorney's fees" are not actually paid to the
real property or interest in real property.
lawyer. It is paid to the prevailing litigant. The

we know which court has jurisdiction? These are
governing rules here is Article 2208 of the Civil
the rules to determine:
Code.
JURISDICTION OVER ACTIONS PURELY FOR
DAMAGES
You know about Attorney's fees. This is not actually
paid to the lawyer. Under Article 2208 of the Civil Rules to remember to determine jurisdiction:
Code, it is paid to the prevailing litigant.
· First
JOKE TIME: Kay alangan na man, diha paka mubayad
If the claim for damages is merely
sa imong lawyer. "Atty. diha lang tika bayaran inig
incidental or ancillary to the main
mahuman ang kaso ha. Ibutang ra diha, 5 million as
cause of action do not include the
Attorney's fees." No. Kapoy baya mag--I mean, Legal amount of damages in determining
Ethics (lol). Pero in reality man gud, magsugod naka jurisdiction
ug trabaho. Mura gud nag mag opisina ka. Okay ba
sa imuha na five years after paka bayaran sa imong Notes: (that what I explained, action
opisina para imong sweldo. Di man siguro. for collection, action for recovery of
possession of personal property,
That is not the kind of Attorney's fees that is referred Specific performance but there is a
to. It is paid to the prevailing litigant. That is to claim for damages, do consider the
compensate the litigant for the expenses of hiring a damages, look at the main action, if
lawyer, but it's for him. it is incapable of pecuniary
estimation, it is under the
jurisdiction of RTC. If it is for some
"Litigation expenses" are actually variable and of money, recovery of possession
estimated amounts. No litigant can determine in of personal property either
advance how much he will eventually incur as exceeding P300,000 or P400,000,
expenses in prosecuting a claim. Both attorney's depending, they are not included)
fees and litigation expenses are part of damages.
o Example:
When you allege litigation expenses in your
● Article 1191. The power to
complaint, of course you cannot estimate yet rescind obligation is implied in
because the case will still run. You still don't know reciprocal ones, in case one of
how much you will have to pay later on, such as the obligors should not comply
appearance fees for your lawyer, the photocopies, with what is incumbent upon
mailing, and etc. But these are not included in the him.
determination of the jurisdiction over the subject ● The injured party may choose
matter. between the fulfillment and the
recission of the obligation, with
the payment of damages in
"Costs" are actually different from attorney's fees either case.
and litigation expenses. These are "judicial costs" ● As we will see later on, recission
as mentioned under Article 2208 of the Civil Code. and specific performance are
Consult Rules 141 and 142 for this. incapable of pecuniary
estimation and thus belong to
(Discussed as is). the jurisdiction of the RTC. The
damages are merely incidental
to the main action.
1:20:53 - 1:27:35 (SERUELA)
Notes/ Discussion: If there is a breach
in a reciprocal obligation, as the
If for example, there is a main action aside from
aggrieved party, you have alternative
damages, the determination of jurisdiction over
remedies either for specific performance
the subject matter is based on the main action,
or for recession. What was stated is
we do not include damages. However, there are
either of both, with damages in either
cases where it is purely for damages. So, how do

case. So here, if your cause of action is determining the jurisdiction of the
for specific performance, that is court.
incapable of pecuniary estimation even if
you claim for damages, like the damages O Example: Damages as the main
is only for P200,000, but the main action cause of action: Quasi-delict under
itself is specific performance incapable Article 2176:
of pecuniary estimation, it falls under the
jurisdiction of Original Jurisdiction of the Article 2176: Whoever by his act or
RTC. Same with recission, it is incapable omission causes damages to another,
of pecuniary estimation, regardless of there being fault or negligence, is
the amount of claim jurisdiction lies with obliged to pay for the damages done.
RTC. Damages are only incidental to Such fault or negligence, if there is no
the main action. pre-existing contractual relation
between the parties, is called quasi-
delict and is governed by the
provision of this chapter.
o Another example
Notes/ Discussion: Situation: you were
In Davao City, Yam barrowed hit by the car of A, but that was by
exactly P300,000 from Yen. Yam reason of negligence. Then, you filed a
did no pay Yen so Yen sued her to civil action for damages based on quasi-
collect the debt. She included the delict. You might be claiming actual
accrued interest of P300,000, damages for hospitalization expenses, or
P50,000 as moral damages and compensatory damages for the loss of
P25,000 as exemplary damages. income that you suffered because you
The total claim is therefore is were hospitalized for 10 days, moral
P405,000 damages for the serious anxiety, mental
anguish, sleepless nights that you
Even if the total amount claimed suffered because of your injury. You also
exceeds the jurisdiction of the want to claim for exemplary damages to
MTC, the MTC, not the RTC, has serve as an example or correction so
jurisdiction because the main claim that A will not repeat the same act in the
does not exceed P300,000 future. Here, your purely claiming for
damages. In this case, the second rule
o The exclusion of the term “damages of applies.
whatever kind” in determining the
jurisdictional amount under Section In determining the jurisdiction of the
19 (8) and Section 33 (1) of B.P. Blg. court over the subject matter of the case,
129, as amended by R.A. No. 7691, damages, you add the total amount of
applies to cases where the damages claim for damages. So that would be the
are merely incidental to or a basis of determining the subject matter
consequence of the main cause of of jurisdiction. If it exceeds P300,000 or
action. However, in cases where P400,000 then RTC.
the claim for damages is the amin
action, or one of the causes of o Also, Article 26 is an example. Those
action, the amount of such claim damages as one of the cause of
shall be considered in determining action.
the jurisdiction of the court.
Article 26. Every person shall respect
the dignity, personality, privacy and
peace of mind of his neighbors and
· Second: other persons. The following and
similar acts , though they may not
Where the claim for damages is the constitute a criminal offense, shall
main cause of action, or one of the produce a cause of action for
causes of action, the amount of such damages, prevention and other relief:
claim shall be considered in (1) Prying into the privacy pf another’s

residence; (2) Meddling with or remedy sought. The principal, not only the
disturbing the private life or family anciliary.
relations of another; (3) Intriguing to
cause another to be alienated from
his friends; (4) Vexing or humiliating
Slide: “RUSSEL RULES”
another on account of his religious
beliefs, lowly stating in life, place of
1. If it is primarily for the recovery of sum
birth, physical defect, or another
of money, the claim is considered
personal condition.
capable of pecuniary estimation, and
whether jurisdiction is in the MTC or
Notes/ Discussion: So here, the damages
the RTC depends on the amount of
together with the injunctions and other reliefs is
the claim.
part of the main cause of action. So here, you
2. However, where the basic issue is
will include, you will determine, you will consider
something other than the right to
in the determination of the subject matter over
recover a sum of money, where the
the case. So the total amount will determine
money claim is purely incidental to, or
whether it is the RTC or the MTC which has
a consequence of, the principal relief
jurisdiction, because here the claim for damages
sought, this Court has considered
is the main cause of action together with the
such where the subject of the litigation
other remedy sought.
may not be estimated in terms of
money and are cognizable exclusively
by the RTCs.
December 15, 2020 Under number 2, even if there is a claim for sum
of money like you want to enforce a contract or
0:00-5:06 Gennard to rescind a contract and then you also claim for
damages, as discussed as an available relief
Slide: Exclusive Original Jurisdiction under Art. 1191 of the NCC, but here the claim
Actions incapable of pecuniary estimation for damages or the money claim is merely
incidental to the main cause of action which is for
What do we mean by an action incapable of specific performance or rescission. Here, the
pecuniary estimation? It means “where the action is actually incapable of pecuniary
value of the case cannot be estimated” estimation. It is within the RTC’s jurisdiction.
(SPOUSES DE LEON vs. COURT OF
APPEALS, G.R. No. 104796, March 6, 1998)
Slide: RUSSEL vs. VESTIL
If there is a case here that you really have to G.R. No. 119347, March 17, 1999
remember, it is:
Listing of cases that are incapable of
RUSSEL vs. VESTIL pecuniary estimation:
G.R. No. 119347, March 17, 1999 1. Specific performance (delivery of
Test to determine w/n the action is incapable property in case of breach of contract);
of pecuniary estimation: 2. Support;
● Ascertain the nature of the principal 3. Foreclosure of mortgage;
action sought. 4. Annulment of judgment;
5. Actions questioning the validity of a
When you say “the value of the case cannot be mortgage;
estimated,” there is no sum of money that is 6. Actions to annul a deed of sale or
being collected or recovered, there is no property conveyance;
being recovered as the subject of the case, 7. Actions for recovery of the price paid
something that you cannot put a monetary value. in a contract;
It falls within the jurisdiction of the RTC. 8. Actions for rescission, which is a
counterpart of specific performance.
The Supreme Court laid down the test of such in
Russel v. Vestil. The ultimate test here is to
ascertain the nature of the prinicipal action or

can file a case to compel the seller to deliver the
Slide: SITUATION
item which is sold.
BREACH OF CONTRACT may lead to three
You cannot compel an obligation which is to do
different remedies:
because we have under our Constitution a
● SPECIFIC PERFORMANCE (with
provision against involuntary servitude. Your
damages if claimed;)
remedy is to sue for damages.
● RESCISSION (with damages if
claimed and may also include mutual
restitution;)
● DAMAGES ONLY Applying Russell”
In an action for specific performance, the issue
is whether the defendant can be compelled to
Now let’s go back to Obligations & Contracts. For
perform his obligation. The amount of the
example you entered into a contract, there is a
obligation is merely incidental, making an
reciprocal obligation and one of the parties
action for specific performance incapable of
breached the undertakings in the contract. Under
pecuniary estimation.
Art. 1191, the aggrieved party has 2 alternative
remedies: specific performance (with damages)
Thus, an action for specific performance to
or rescission (with damages.) Also, he may sue
compel the defendant to execute a deed of
for damages only.
conveyance covering a parcel of land with an
assessed value of 19,000 is an action
05:07-11:16
incapable of pecuniary estimation. The main
issue is whether or not there is right to compel
Notes: specific performance.
There is no such thing as an “action for breach
of contract.”
For example, you bought a parcel of land. If the
Breach of contract is a cause of action, but not
seller refuses to deliver, the buyer can file an
the action or relief itself. Breach of contract
action to compel the performance of the
may be the cause of action in a complaint for
obligation of the seller. So seller now refuses to
specific performance or rescission of contract.
deliver the land and to execute the necessary
It is therefore erroneous to entitle a complaint
deed of conveyance although the buyer already
as one for breach of contract.
paid. The parcel of land has an assessed value
has 19,000. Which court has the jurisdiction?
Specific Performance
Here, it is an action incapable of pecuniary
estimation because the main issue here is
This is referred to in Article 1191 as “fulfillment
whether or not there is right to compel specific
of the obligation.”
performance.
What do you ask of the court if you file an
If you remember the case of Heirs of Sebe which
action for specific performance.
we discussed that it was an action for declaration
of nullity of the deed of conveyance and the
To compel the defendant to perform his
recovery of the possession of the property.
obligation,
That’s different, because there naa nay delivery
Take note that specific performance is a
of the property to the buyer, so there was already
remedy available only if the obligation to be
transfer of ownership and the previous owner
compelled is an obligation to give (real
wants to recover the property.
obligations).
Here, we’re not talking of ownership, because
For example, you bought something so you have even if the parties concluded a deed of sale as
a contract of sale. You are a buyer and you long as there is no delivery of the property to the
bought an article from a seller. In a contract of buyer there is no transfer of ownership yet that
sale you have a reciprocal obligation, the seller why ang imong action is for specific performance
has to deliver the item and the buyer has to pay to compel the seller to deliver. But there is no
for the goods. What if the buyer already paid but issue of ownership because there is no delivery.
the seller refuses to deliver, so as a buyer one of So dili title or ownership ang issue dri.
your remedies is for specific performance. You
11:16 – 16:54 (Derogongan)

rescinded is merely incidental, making
There is no transfer of ownership yet, that’s why
an action for rescission incapable of
ang imuhang action is for specific performance,
pecuniary estimation
to compel the seller to deliver and maybe kung
wala pa siyay gi-execute na deed of sale kay
possible na verbal lang although you already Take note na even in an action for rescission, if it
paid so it is no longer covered by the Statute of is decreed by the court, there will be mutual
Frauds. Valid siya to na sales so you can restitution. So, if it is a contract of sale, the seller
performance but there is still an issue on will have to, for example naa nay nagbayad, the
ownership because wala pay transfer of seller has to return whatever has been paid or if
ownership from the seller to the buyer because it is the buyer, the buyer already got the property,
there is still no delivery. That is why as the buyer, the property is to be returned to the seller,
you are still required to compel him to deliver so mutual restitution. Iuli ninyo whatever you have
that title can be transferred or its ownership. Dili received by virtue of the contract.
ownership or title ang issue diri kundi WON you
have the right as the buyer for example to Take note that, while there may be mutual
compel the performance by the seller of his restitution, rescission has to be declared first. For
obligation. So, it is not capable of pecuniary rescission to be declared by the court, the court
estimation. has to determine if the requisites for rescission
are present. Maybe it is an action for rescission,
Rescission mutual restitution is an incident to the rescission
of the contract. Still, it is an action for rescission,
incapable of pecuniary estimation.
· Rescission is an action to terminate a
contract because of substantial or
fundamental breach. SSS vs. Atlantic Gulf
GR 175952, April 30, 2008
· What do you ask of the court if you file
an action for rescission? If the controversy lies in the non-
- To determine if the breach is substantial implementation of the approved and agreed
and if so, declare it rescinded. dacion en pago, it is a suit for specific
performance and one incapable of pecuniary
estimation.
Rescission is a remedy available to the
aggrieved party who in a reciprocal obligation, in
case of substantial or fundamental breach. So
even though the contract is valid, you can ask for I presume that you what is dacion en pago or
the termination of the contract because of the dacion in payment, it is a mode of extinguishing
breach committed by the other party. obligation, a pre-existing monetary obligation to
deliver instead property. For example, if there is
What do you ask of the court if you file an action already an agreement to dacion en pago and
for rescission? then the other party now fails or refuses to
comply with his obligation, so the aggrieved party
One, the court will have to determine if the files a suit for specific performance to compel
breach is substantial and if it is, then declare it performance of dacion in payment. It is an action
rescinded or terminated. incapable of pecuniary estimation because the
issue here is the performance of the dacion in
Applying Russell: payment. The court needs to determine the
validity of the agreed dacion en pago.
· In action for rescission, the issue is
whether the obligation was
substantially breached.
· Take note that, while there may be
mutual restitution of amounts received
as a result of rescission, rescission
has to be declared first.
· The amount of the obligation to be

16:54-22:32 LUCMAN
Sps. Pajares vs. Remarkable Laundry
GR 212690, February 20, 2017
HELD:
The SC said this is actually a penal clause in the
Remarkable Laundry entered into a contract with contract between Remarkable Laundry and the
Sps. Pajares designating them as an outlet for Sps. Pajares
laundry services. In their contract, there is a quota
of 200 kilos of laundry each week. If they fail to ● NO. A complaint primarily seeking to enforce
meet their quota, they are still contractually obliged the accessory obligation contained in the
to pay Remarkable for 200 kilos. The spouses penal clause is actually an action for damages
ceased operations. Remarkable claimed amounts capable of pecuniary estimation.
representing the minimum. The spouses did not
pay. ● Petitioner’s responsibility under the above
penal clause involves the payment of
Remarkable filed an action for “breach of contract liquidated damages because under Article
and damages” to claim P200,000, the amount 2226 of the Civil Code the amount the parties
representing the unpaid minimum quota before the stipulated to pay in case of breach are
RTC, plus another P80,000 total as damages, liquidated damages.
attorney’s fees and costs.
● Breach of contract may also be the cause of
Did the RTC have jurisdiction? action in a complaint for damages filed
- If the action filed is incapable of pecuniary pursuant to Article 1170 of the Civil Code. It
estimation, RTC has jurisdiction. provides:
- If the action is capable of pecuniary estimation,
the MTC has jurisdiction. Article 1170. Those who in the performance
of their obligations are guilty of fraud,
Held: - NO. A complaint primarily seeking to negligence, or delay, and those who in any
enforce the accessory obligation contained in the manner contravene the tenor thereof; are
penal clause is actually an action for damages liable for damages.
capable of pecuniary estimation.
Here like what we discussed before breach of
- Petitioner’s responsibility under the above penal contract is not actually the proper designation of
clause involves the payment of liquidated the case. Breach of contract is a cause of action,
damages because under Article 2226 of the Civil it could a cause of action in a complaint for
Code the amount the parties stipulated to pay in specific performance or rescission or damages
case of breach are liquidated damages. filed pursuant to Article 1170 of the NCC.
● Since the total amount of the damages

If the action is incapable of pecuniary claimed by the respondent in its complaint
estimation, of course we have to disregard the filed with the RTC on September 3, 2012
amounts of the claim, the RTC has jurisdiction. amounted only to P280,00.00, (which is way
below the jurisdiction of RTC) said court was
But if the action is capable of pecuniary correct in refusing to take cognizance of the
estimation, obviously it would be the MTC which case.
would have jurisdiction because the claim is only
P200,000. The damages are merely incidental. SUPPORT
Why is support considered to be incapable of

The Supreme Court said that actually the basis
pecuniary estimation when in fact it can be
of the claim of the plaintiff here, the P200,000 is
expressed in terms of money and support is
based on the loss or stipulation in the contract na
necessarily paid in money?
there is a minimum quota of 200 kilos. Even if
they fail to meet their quota, the Spouses are
Three reasons:
contractually compelled to pay Remarkable for
1. Support entails a declaration of entitlement
200 kilos, P200,000. Now, the SC that this is
to support as provided under the Family
actually a penal clause in the contract between
Code.
Remarkable Laundry and Spouses Pejares.

2. When you sue for support, you are
compelling a person to perform his legal
obligation and you are not suing him simply For example, due na ang obligation and despite
for a sum of money; and demand, the debtor fails or maybe refuses to pay the
loan. So default na sya. Now upon default, the
3. The amount of support varies. It cannot be creditor can foreclose on the mortgage.
fixed. It depends upon the need of the
person entitled to receive support as well as
the ability of the person obliged to give
support.
What will happen upon foreclosure?
Annulment of Judgment
Meaning there’s a judgment rendered by the

court and then you are alleging that because of The property will be sold at a public auction and then
extrinsic fraud or lack of jurisdiction that the proceeds of the sale will be used to pay off the
judgment of the court is null and void. obligation. For example, sobra ang proceeds, the
excess will have to be returned to the debtor. Pero
● Even if the judgment to be annulled is kung kulang naman pud ang proceeds sa auction sale,
expressed momentarily or has a monetary then the deficiency will still be collected against the
component, the issue here is whether the debtor. That is why we have what is called a
grounds for annulment, lack of jurisdiction or deficiency judgment in a judicial foreclosure of
extrinsic fraud, are present. mortgage.
Foreclosure of mortgage and actions

questioning the validity of mortgage
Naa pud extrajudicial foreclosure pero dili ta
These actions are also considered as incapable
concerned ana. We are concerned about judicial
of pecuniary estimation.
foreclosure because we are talking about jurisdiction
● A mortgage is a security for the fulfillment of - asa nimu i-file ang case for judicial foreclosure of
an obligation. It is not the monetary mortgage?
obligation itself that you are suing upon but
merely the security therefor. You are asking
the court to enforce the accessory contract.
Here, it is the accessory contract of mortgage which
is being enforced, dili katong payment of the loan.
Even if the loan itself can be pecuniarily determined,
(22:32 - 29:16) by Cuartero capable of pecuniary estimation but the enforcement
of the mortgage is the one that is incapable of
… so you’re asking the court to enforce the accessory

contract of mortgage. Suppose you borrowed PHP 1
Million, and then of course, the lender is not so Now if you are also filing a case for annulment or
confident in your capacity to pay, so he would like to declaration of nullity of a mortgage, you are
have a security na in case you cannot pay in cash, questioning the validity of a mortgage, you are not
there is still something that will serve as a collateral; suing for a specific amount. You are actually
he can do that. Real estate mortgage, for example. As contending that the REM is null and void, so the
a collateral for the PHP 1 Million loan, iprenda nya sa validity or the invalidity of the mortgage contract, if
imuha ang iyang yuta na 1 hectare. that is the question that is involved, is incapable of
What happens when you foreclose a mortgage?

There are also other actions that are deemed
When does it happen? incapable of pecuniary estimation based on the other

cases decided by the Supreme Court. But we will It also has jurisdiction in civil cases involving title to,
discuss the next case which is also interesting, or possession of, real property or any interest in it
relating to foreclosure of mortgage. where the assessed value of the property involved
exceeds PHP 20,000.00, and if it is below PHP
20,000.00, it is the first level court which has
jurisdiction.
ROLDAN vs. SPOUSES BARRIOS
GR No. 214803 - April 23, 2018

An action “involving title to real property” means
that the plaintiff’s cause of action is based on a claim
that he owns such property or that he has the legal
(This case was decided after the Vestil case.) right to have exclusive control, possession,
enjoyment, or disposition of the same.
Facts:
The allegations and reliefs sought in petitioner’s
On February 3, 2014, petitioner Alona G. Roldan filed action for foreclosure of mortgage showed that the
an action for foreclosure of real estate mortgage loan obtained by respondent spouses Barrios from
against respondent spouses Clarence I. Barrios and petitioner fell due and they failed to pay such loan
Anna Lee T. Barrios and respondent Romel D. which was secured by a mortgage on the property of
Matorres. the respondent spouses; and prayed that in case of
default of payment of such mortgage indebtedness
to the court, the property be ordered sold to answer
for the obligation under the mortgage contract and
The RTC dismissed the foreclosure cases finding that the accumulated interest.
being a real action and the assessed value of the
mortgaged property is only PHP 13,380.00, it is the
first level court (the MTC) which has jurisdiction over
the case and not the RTC. It is worthy to mention that the essence of a contract
of mortgage indebtedness is that a property has been
identified or set apart for the payment of money or
the fulfillment of an obligation to answer for the
Issue: amount of the indebtedness, in case of default in
payment.
Whether or not the RTC has jurisdiction
Whether or not the RTC was wrong in dismissing the

case Foreclosure is but a necessary consequence of non-
payment of the mortgage indebtedness. In real
estate mortgage when the principal obligation is not
paid when due, the mortgagee has the right to
Held: foreclose the mortgage and to have the property
seized and sold with the view of applying the
The RTC has no jurisdiction over the cases. proceeds to the payment of the obligation.
Therefore, the foreclosure suit is a real action insofar
as it is against property, and seeks the judicial
recognition of a property debt, and an order for the
The RTC exercises exclusive original jurisdiction in sale of the res. || 29:16
civil actions where the subject of the litigation is

Under the mortgage contract and the of judgment; also action questioning the
accumulated interest. validity of a mortgage, annulling a deed
of sale or conveyance and to recover the
Now, the SC said, it is worthy to mention that the price paid and for rescission, which is a
essence of the contract of mortgage counterpart of a specific performance.
indebtedness, is that a property has been
identified or set apart from the mass of the It was mentioned in the last paragraph that
property of the debtor-mortgagor as a security for examples of actions incapable of pecuniary
the payment of money or the fulfillment of an estimation is the foreclosure of mortgage. But it
obligation to answer the amount of indebtedness, was also mentioned the last paragraph of Russel
in case of default payment. Foreclosure is but a that:
necessary consequence of non-payment of the
mortgaged indebtedness. In a real estate While actions under Sec. 33(3) of B.P.
mortgage when the principal obligation is not 129 are also incapable of pecuniary
paid when due, the mortgagee has the right to estimation, the law specifically mandates
foreclose the mortgage and to have the property that they are cognizable by the MTC,
seized and sold with the view of applying the METC, or MCTC where the assessed
proceeds to the payment of the obligation. value of the real property involved does
Therefore, the foreclosure suit is a real action so exceed ₱20,000.00 in Metro Manila, or
far as it is against the property, and seeks the ₱50,000.00, if located elsewhere. If the
judicial recognition of a property debt, and an value exceeds ₱20,000.00 or
order for the sale of the res. ₱50,000.00 as the case may be, it is the
Regional Trial Courts which have
The SC also addressed the contention of the jurisdiction under Sec. 19(2). However,
plaintiff-petitioner citing the case of Russel v the subject matter of the complaint in
Vestil to show that action for foreclosure of this case is annulment of a document
mortgage is an action incapable of pecuniary denominated as "DECLARATION OF
estimation and, therefore, within the jurisdiction HEIRS AND DEED OF
of the RTC. The SC were not persuaded, the SC CONFIRMATION OF PREVIOUS ORAL
cited its own ruling the case of Russel, also citing PARTITION.
the case of Singsong v Isabela Sawmill:
So, the SC said that clearly, the last paragraph
In determining whether an action clarified that while civil actions which involve title
is one the subject matter of which is not to, or possession of, real property, or any interest
capable of pecuniary estimation, this therein, are also incapable of pecuniary
court has adopted the criterion of first estimation as it is not for recovery of money, the
ascertaining the nature of the principal court's jurisdiction will be determined by the
action or remedy sought, if it is primarily assessed value of the property involved.
for the recovery of a sum of money, the
claim is considered capable of pecuniary So the SC is saying in this case of Roldan v
estimation, and whether jurisdiction is in Barrios ( “But I think ma’am is citing the case of
the municipal court or in the court of first Russell v Vestil since there is no case of Roldan
instance would depend on the amount of v Barrios in the syllabus) that an action for
claim. However, where the basic issue is foreclosure of mortgage is really also an action
something other than the right to recover which is incapable of pecuniary estimation
the sum of money claim is purely because it is not for recovery of money but
incidental to, or a consequence of, the because it also involve title to and possession of
principal relief sought, this court has real property or any interest therein, so it’s a real
considered such action as cases where action, the court’s jurisdiction will be determined
the subject of the litigation may not be by the assessed value of the property involved.
estimated in terms of money, and are So here, because the assessed value of the
cognizable exclusively by court of first property is only around P13,000, it is within the
instance (now RTC) jurisdiction of the MTC, not the RTC. So, the SC
said that the dismissal by the RTC of the case
Examples of actions incapable was proper. We have to be very careful because
pecuniary estimation are those for there are several cases having different ruling,
specific performance, support, or so we will just be confused. However, take note
foreclosure of mortgage or annulment of this case, if they have similar facts. Personally,

I still believe that it is more sound to consider an the sum of money. Rather, in an expropriation
action for foreclosure of mortgage as an action suit, it deals with the exercise with the
which is incapable of pecuniary estimation, then government of its authority and the right to take
if it is incapable of pecuniary estimation, then, it property for public use. So as such, it is
should be within the jurisdiction of the RTC. incapable of pecuniary estimation and should be
Actually, as we have already discussed, when filed with the Regional Trial Courts. Duha man
you foreclose a mortgage, you are not claiming gud na ka-phases ang expropriation na case.
title or possession over the property. The No.1, the determination of the propriety of
property which is the real property subject of the expropriation, kung tama ba na kani ba dyud na
mortgage will just be sold at public action and property ang i-expropriate. No.2, kung tama ang
the proceeds will be applied in payment of the expropriation, if it is within the power of the State
obligation. In a public auction, any person can and for example they have complied with all the
actually bid, so, it is free for all. So, how can it be requisites for the expropriation. Second napud
an action involving exclusive right to possess or diha is the amount of the just compensation. So
the title in whatever, but of course that is just my again, this is a case of incapable of pecuniary
opinion. We have here a jurisprudence, although estimation.
again, this is now a different interpretation of the
Supreme Court’s ruling in the case of Russel.
Kaya lang, we have to consider also that in the
case of Russel, ang case dyud ato is declaration MENDOZA vs. TEH
of heirs and deed of confirmation of previous oral
partition. Kani na case of Roldan vs Barros, it GR No 122646 March 14, 1997
really is for foreclosure of mortgage, more in
point siya ang ruling. But take note this is also a Likewise falling within its jurisdiction are
Division-decided case, Division of the Supreme actions “incapable of pecuniary estimation,”
Court, not En Banc. such as the appointment of an administratrix
for an estate.
Bardillon vs. Barangay Masili

In the case of Mendoza vs. Teh, petition for the
GR No 146886, April 30, 2003 appointment of an administratrix of an estate
appointment of an administrator executor of an
An expropriation suit does not involve the estate. Unsa man na siya? Like for example,
recovery of a sum of money. Rather, it deals naay person who died, if he left a will, and he
with the exercise by the government of its named a person in the will who will administer
authority and right to take property for his properties prior to his distribution to the heirs,
public use. As such, it is incapable of we have here an executor. If wala siya last will
pecuniary estimation and should be filed with and testament, but he has vast properties and
the regional trial courts. then dili pa dayun madistribute among the heirs
and there are obligations to be paid, there is a
need to appoint an administrator or administratrix
kung babae. So where do you file that petition?
This case of Bardillon vs. Barangay Masili, Even if we’re talking of the estate which is
expropriation suit. You know what is subject of the administration and the estate has a
expropriation? Nagexplain pud ko ana last monetary value, but the appointment itself of the
meeting. What is the nature of an expropriation administrator is incapable of pecuniary
suit? Private property is taken by the State for estimation. You cannot measure that in terms of
public use upon payment of just compensation. money, ang issue lang dira is when there is a
Now, an expropriation suit does not involve the need for the appointment of an administrator and
recovery of a sum of money. For example, ikaw if he is qualified to act as an administrator. So we
si landowner. And then you are questioning the are not talking here any sum of money. So that is
propriety of the expropriation. You are not also within the jurisdiction of the RTC. Though again,
seeking for the recovery of a sum of money, this is not within Civil Procedure. This shall be
although it might also be involved because you governed on the rules of special proceedings.
are questioning the amount of the just
compensation. But, aside from that, the issues in
a just compensation case are not only limited to

estimation is a main action for
BCDA vs. UY injunction, which falls under the
jurisdiction of the RTC.
GR No. 144062, Nov. 2, 2006 ● The provisional remedy of a
preliminary injunction can be prayed
Section 19 of BP 129 shows that a Regional for before and granted by a Municipal
Trial Court has jurisdiction over all civil cases Trial Court.
in which the subject of litigation is incapable of
pecuniary estimation. Jurisprudence has
recognized complaints for injunction with a
The answer is no. It does not necessarily follow.
prayer for temporary restraining order or writ of
Why? Because there are 2 different kinds of
preliminary injunction as such
injunctions. No. 1, we have a main action for
injunction. And no. 2, we have a provisional
remedy of preliminary injunction. Know the
In this case of BCDA vs. Uy, we are talking here injunction referred to in the BCDA case which is
of an action for injunction. The Supreme Court incapable of pecuniary estimation, and within the
said complaints for injunction are actions jurisdiction of the RTC is a main action for
incapable of pecuniary estimations. Thus, falling injunction.
within the jurisdiction of the RTC. What do you
mean of injunction? You prohibit someone from It is incapable of pecuniary estimation because
doing an act. That is for prohibitory injunction. you can’t put a value on the order stopping a
Or mandatory injunction, compelling the doing person from doing a certain act. So, it cannot be
of an act. So within the jurisdiction of the RTC. estimated in terms of money, that is why it is with
the RTC.
The provisional remedy of preliminary

Let’s reason this out… injunction can be granted even by the Municipal
Trial Court. It is a remedy which is granted while
● Injunction is an action incapable of the case is pending. So that the relief that may
pecuniary estimation. be granted to the prevailing party at the end of
● The RTC has jurisdiction over all the case will not be rendered illusory. For
actions that are incapable of pecuniary example, because there is no injunction the
estimation. person or the defendant is able to do the act
● THEREFORE, it is only the RTC that which is complained of (Nabaligya na niya ang
can grant all types of injunction. property which is the subject of the case, so at
the end of the trial, when the case is decided,
even if nakadaog si plaintiff, but asa naman tong
Now, if you are saying that injunction is an action property which he is supposed to be entitled to?)
which is an action incapable of pecuniary action, So, it affords the preservation of the right of the
and then the RTC has jurisdiction over all actions plaintiff just in case that he wins the case. To
that are incapable of pecuniary action, is it safe grant the injunction, dapat naa pud requisites
to say that it is therefore only the RTC that can here. But again, it is not solely the province of
grant all types of injunction. the RTC to grant a provisional remedy of
preliminary injunction. It can be granted even by
the MTC. So, we have to make a distinction.
NOPE!!! Injunction is defined as a judicial writ,

process or proceeding whereby a party is
● Because there are different kinds of ordered to do or refrain from doing a certain
injunction: act. It may be filed as a main action before
- MAIN ACTION FOR the trial court or as a provisional remedy in
INJUNCTION the main action. (Evy Construction and Dev’t
- PROVISIONAL REMEDY OF Corp. v Valiant Roll Forming Sales Corp., GR
PRELIMINARY INJUNCTION 207938, October 11, 2017)
● The injunction to in Bases Conversion
that is incapable of pecuniary

The main action for injunction is distinct from the - Where the issue in the case is whether
provisional or ancillary remedy of preliminary or not an assignment of rights is a nullity, the
injunction under Rule 58 which cannot exist action is one incapable of pecuniary
except only as part or as an incident of an estimation (Singsong v Isabela Sawmill, 88
independent action or proceeding. Take note SCRA 623).
again na ang main action for injunction, mao ni
siya ang title sa case, INJUNCTION. Again it is - An action seeking to annul a resolution
incapable of pecuniary estimation and falls within of a government-owned and controlled
the jurisdiction of the RTC. Kani pud preliminary corporation is an action incapable of
injunction, dili kinahanglan na ang main action pecuniary estimation even if the resolution
kay injunction. You can file any case, SPECIFIC mentions sum of money (Polomolok Water
PERFORMANCE or any CIVIL ACTION for that District v Polomolok General Consumers
purpose, pero you can ask for PRELIMINARY Association Inc, Gr 162124, October 19,
INJUNCTION while the case is pending, So that 2007)
is the ancillary remedy of injunction. It can co-
exist as part of or as incident of another case. So
it cannot exist on its own, the ancillary remedy of Iniego vs. Purganan
preliminary injunction. There has to be a main G.R. No. 166876, March 24, 2006
case to which it is connected or to which it is
prayed for or applied for. According to respondent Judge, what he
referred to in his assailed Order as not capable
Section 33 (BP 129). Jurisdiction of of pecuniary estimation is the cause of action,
Metropolitan Trial Courts, Municipal Trial which is a quasi-delict, and not the amount of
Courts and Municipal Circuit Trial Courts in damage prayed for. From this, respondent
civil cases. – Metropolitan Trial Courts, Judge concluded that since fault or negligence
Municipal Trial Courts, and Municipal Circuit in quasi-delicts cannot be the subject of
Trial Courts shall exercise: pecuniary estimation, the RTC has jurisdiction.
1. Exclusive original jurisdiction

over civil actions and probate This is an action for damages based on a quasi-
proceedings, testate and delict. You know what is a quasi-delict? Diba
intestate, including the grant of when an act or omission causes damage to
provisional remedies in proper another there being fault or negligence or there
cases, where the value of the is no pre-existing contractual relations within the
personal property, estate or parties. This gives rise to an action of quasi-
amount of the demand does not delict , now here the judge said na this is within
exceed P300,000 or in Metro the jurisdiction of the RTC.
Manila where such personal
property, estate or amount of the Why?
demand does not exceed
P400,000 xxx Because the case is for quasi-delict and
according to him the basis of determining
A PRINCIPLE TO REMEMBER jurisdiction is the cause of action and not the
amount of the damage prayed for. Although
A main action for injunction is an action damages were prayed for by the plaintiff here but
incapable of pecuniary estimation over which again because this is a quasi-delict case we
the RTC has exclusive jurisdiction. However, based on the cause of action.
the provisional remedy of preliminary
injunction can be prayed for before and So according to the judge since fault or
granted by the MTC in a proper case filed negligence in quasi-delict cannot be the subject
before it. of pecuniary estimation. Di man na nimo ma
measure kung gi unsa pagkadanhag sa usa ka
- Of course, it can also be granted by the tawo kung level 1 iyang pagkadanhag or level
RTC, the Court of Appeals, by the Supreme 10. You cannot measure that according to the
Court. judge, so it is incapable of pecuniary estimation
therefore it is within the jurisdiction of the RTC.
Other Examples

The Supreme Court said no judge you are The subject matter is not the delict or wrong
wrong. Actions for damages based on quasi- committed by the defendant but the remedy that
delict are primarily and effectively actions for you want to be given in the case and the remedy
the recovery for a sum of money for the that you want to be afforded by the court. The
damages suffered. Because the defendant thing that you want to recover, the money that
alleged tortious acts and therefore capable of you want to get or to recover or collect from the
pecuniary estimation. defendant. So fault or negligence which the RTC
and the CA also claimed to be not capable of
Diba we discussed it before na kung ang main pecuniary estimation is not actionable by itself for
action nimo is for damages like for example such fault or negligence to be actionable, there
based on negligence or quasi-delict wala naman must be a resulting damage to a third person.
kay lain claim diha damages lang man so the
basis of the jurisdiction would be the total The reliefs available to the offended party to
amount of damages claimed. Because here the such cases are reparation, restitution or payment
damages are no longer merely incidental to the of such damage. Kini relief mao ni imong subject
main action it is already the main action in itself, matter without which any alleged offended party
the action to claim for damages. The SC said has no cause of action or relief. The fault or
that damages claimed on such action represent negligence of the defendant therefore is
the monetary equivalent of the injury caused to inextricably intertwined with the claims for
the plaintiff by the defendant which are thus damages and there can be no action based on
sought to be recovered by the plaintiff. This quasi-delict without a claim for damages.
money claim is the principal relief sought and it is
not merely incidental thereto or a consequence
December 16, 2020 - Zoom
thereof.
Part 1 00:40 - 6:35
How about the reasoning of the judge that
this cause of action is based on quasi-delict
Personal Property
and you cannot measure fault or negligence
and that there is no value to that or no
monetary value to that? Slide: Recovery of personal property
The SC said it is very clear from BP Blg. 129, as ● An example of an action seeking to
amended by RA 7691, that what is to be recover personal property is an action
determined to be capable or incapable of for replevin under Rule 60.
pecuniary estimation is not the cause of ● This action is capable of pecuniary
action but the subject matter of the action. A estimation. The basis of jurisdiction is
cause of action is the delict or wrongful act or the value of the personal property
omission committed by the defendant in violation sought to be recovered. (Bar 1997,
of the primary rights of the plaintiff. On the other No. 1(e]).
hand, the subject matter of the action is the
physical facts, the thing, real or personal
DISCUSSION: An action which is incapable of
property such as the money, lands, chattels and
pecuniary estimation, is within the jurisdiction of
the like and relation to which the suit is
the RTC. We discussed what are actions
prosecuted and not the delict/wrong committed
by the defendant. Mura gud kitong sa discussion
nato before breach of contract. Breach of
If the action is for the recovery of sum of money,
contract is the cause of action but when you file
then it’s not incapable of pecuniary estimation
a case it could either be for specific performance,
because, precisely you can measure it in terms
rescission or damages that could be the subject
of money. The basis of jurisdiction will be the
matter of the action.
amount of the demand. Exclusive of damages,
litigation expenses, attorney fees, etc. if that is
There is a difference between a cause of action
incidental to the main cause of action. If it is for
and subject matter of the action. Ang subject
the recovery of personal property, it is also an
matter mao tong gusto nimong ma recover/
action which is CAPABLE of pecuniary
makuha by way of remedy in the case and cause
estimation.
of action mao tong imong reason ang basis for
you to file the suit, so you have to make a
distinction.

When we talk about an action to recover agree unanimously because one cannot decide
personal property, it is different from an action to for the others what their share should be), you
recover real property because if that’s the case, have to go to court to impose partition.
the jurisdiction is based on the assessed value of
the (real) property. Whether it is more than In those cases where partition is the only issue, it
P20,000 outside Metro Manila or more than is an action which is real in nature - the
P50,000 in Metro Manila. Except for actions jurisdiction is based on the assessed value.
forcible entry and unlawful detainer which are
within the jurisdiction of the MTC regardless of If aside from partition, you first have to determine
the assessed value. the hereditary rights where their rights to inherit
and the amount of their rightful share in the
Q: What are examples of actions to recover property is not yet settled, the partition is just
personal property? INCIDENTAL to the main issue of the hereditary
A: Example is an action for replevin under Rule rights. That action is INCAPABLE of pecuniary
60 of the Rules of Court. Here you are seeking to estimation.
recover personal property.
TAKE NOTE: When you say determination of
BarQ question in 1997: What court has hereditary rights, you cannot decide it by the
jurisdiction in an action for recovery of personal regular courts. It has to be resolved by the
property? PROBATE courts whether in a testate or
intestate proceeding.
A: It is not an action which is incapable of
pecuniary estimation. It depends on the value of Kate Dec 16 6:36 - 12:31
the personal property.
Slide: Hypothetical Case
Slide: OTHER EXAMPLES (Incapable of Lebron entered a contract of lease with Pia
Pecuniary Estimation) whereby Lebron would rent Pia's building in
the amount of P100,000.00 per month. After
● An action for partition of a real one month, Maja went to the building where
property located in Taytay, Rizal and she demanded from Lebron the rental
with an assessed value of P2,000, the payment. Maja also brought with her supposed
resolution of which involves the title over the rented property. A few hours
determination of hereditary rights, is later, Pia also went to Lebron demanding
an action incapable of pecuniary payment of the rent. Lebron does not know
estimation and thus, should be filed in whom to pay the rentals. What remedy does
the Regional Trial Court. Lebron have?
Take note: In the case of Russell vs. Vestil, Guide Questions (recit):
there was also a partition in that case. 1. What is the remedy? What can you suggest?
File an interpleader
The SC has different rulings regarding an action 2. What is an interpleader?
for partition. In other cases, the SC said, an
action for partition is an action which is Here, there is now doubt who is the real owner of
considered or denominated as a real action. In the property being leased. You learned before in
that case, you will base the jurisdiction of the Obligations and Contracts that payment must be
court on the assessed value of the property. made to the person to whom it is due. If Lebron
pays Pia and it turns out that Maja is the real
BUT, there are also other cases where the owner, Pia can still collect. In the same manner,
Supreme Court said that it is an action which is if you pay to Maja, and Pia turns out to be the
incapable of pecuniary estimation. Why? real owner, then the payment is not valid. So
Because it is not actually the main issue here. here, we have the remedy of interpleader under
The resolution for the prayer for partition the Rules of Court.
involves the determination of hereditary
rights which is an action incapable of
Slide: Rule 62 (Interpleader)
pecuniary estimation. Before you can go into
the partition (an action where everybody must

Section 1. When interpleader is proper. — jurisdiction if the personal property is
Whenever conflicting claims upon the same valued at not more than P400,000. If
subject matter are or may be made against a the personal property is valued at
person who claims no interest whatever in the more than P400,000 and the case is
subject matter, or an interest which in whole or filed in Metro Manila, it is the RTC that
in part is not disputed by the claimants, he has jurisdiction.
may bring an action against the conflicting
claimants to compel them to interplead and
litigate their several claims among themselves.
Part 1 — 12:32 to 18:27 by Chiara
Question: In an action for interpleader, who files Real property

the interpleader and who are the defendants in
that case?
IN INTERPLEADER THAT IS A REAL
✓ Answer: Lebron will file a case for ACTION
interpleader against Maja and Pia to
compel them to litigate among ● If the subject matter is real property,
themselves and prove who has a right to which has an assessed value of not
the rentals. more than P20,000.00 and the case is
filed outside Metro Manila, the MTC
has jurisdiction over the action. If the
Question: Here, what court has jurisdiction over real property is valued at more than
the case? It depends. P20,000.00 and the case is filed
outside Metro Manila, it is the RTC
What is the subject matter of the case? It's the that has jurisdiction. If the case is filed
payment of the lease rentals. in Metro Manila, the Metropolitan Trial
Court has jurisdiction if the real
property has an assessed value of not
Slide: Are actions for interpleader capable more than P50,000.00 Conversely, if
of pecuniary estimation? the real property is valued at more
● Not necessarily. than P50,000.00 and the case is filed
in Metro Manila, it is the RTC that has
● An interpleader action may be jurisdiction.
commenced in the Regional Trial
Court or in the Municipal Trial Court
depending on the subject matter, the Here, we also base on the assessed value of the
amount of the claim or the value of the real property. If the assessed value of the
property involved. property does not exceed P20,000.00 outside
Metro Manila and P50,000.00 in Metro Manila, it
is with the MTC; and exceeding that, it is the
It actually depends. RTC. So, it also depends.
Slide: In Interpleader That is A Personal

Action IN INTERPLEADER THAT IS A REAL
ACTION
● If the subject matter is personal
property which is valued at not more ● If the subject matter of the interpleader
than P300,000 and the case is filed suit is one that is incapable of
outside Metro Manila, the MTC, MTCC pecuniary estimation (i.e., the
or MCTC has jurisdiction over the performance of an obligation), it is the
action. If the personal property is Regional Trial Court that has
valued at more than P300,00 and the jurisdiction under BP Blg. 129, Section
case is filed outside Metro Manila, it is 19(1), as amended.
the RTC that has jurisdiction.
● If the case is filed in Metro Manila, the

Metropolitan Trial Court has Discussion:

“incapable of pecuniary estimation” – where The crucial thing to know is what are these
the performance of an obligation, or rescission or actions that involve title to or possession of real
annulment of a contract is sought -- filed with the property. As seen in the earlier cases, it is not
RTC easy to determine. It could appear as an action
involving title or possession, but it is not
So, it really depends on the subject matter of the necessarily a real action; it could be an action
action for interpleader. It is not simply because incapable of pecuniary estimation (such as the
we are seeking to know which party has a better case of Russell vs. Vestil where we discussed
right or that you are compelling them to litigate the partition of a real party where the Supreme
among themselves. Again, in determining Court said it was incapable of pecuniary
jurisdiction, we have to look into the subject estimation because the action involved the
matter of the action, not the cause of action. determination of hereditary rights). Hence, we
These are different matters. need to know what these actions are.
● Cause of action – this constitutes what There are three actions involving title to or
are your rights, the obligations of the possession of real property, which are
defendant, how did the defendant violate considered real actions:
your rights, and what damages were
caused to you by reason of such 1. ACCION INTERDICTAL
violation of your rights
Actions involving title to or possession of
● Subject matter – referring to the thing,
real property
the money, the right, which is being
enforced, recovered or collected (the
● An ACCION INTERDICTAL is a
subject matter)
summary proceeding to recover
property based on the better right to
So, it depends on the subject matter of the suit.
possess. It covers forcible entry and
unlawful detainer actions under Rule
You should be familiar with an action for
70, which must be brought within a
interpleader because, if you read the Bible, it is
period of one year.
quite similar to the story of King Solomon and the
two women claiming to be the mother of the
same baby. King Solomon did not know which What is unlawful detainer?
one was the real mother. To know which one, he
applied the principles of interpleader (or maybe Discussion: As a review of Property Law, when
we took the principle used by King Solomon and we say unlawful detainer, the possession is
applied it to interpleader under Rule 62). He lawful in the beginning. It could be because there
compelled the two women to prove between is a lease contract between the owner and the
themselves which one was the real mother. The possessor; or the occupation could have been
real mother was the one who would not allow the my mere tolerance where the owner tolerated the
child to be split in half. possession/occupation by the occupant. But
there is an understanding that upon the
We are done with actions incapable of pecuniary expiration of the lease contract…
estimation.
18:28 – 24:23 Marianne

Actions involving title to or possession of
real property ...the occupant or lessee has to vacate the
property and turn-over the possession to the
Discussion: We are still in the jurisdiction of the owner; or upon the end of the tolerance by the
RTC. As discussed, if the assessed value of the owner, the occupant has to vacate the property.
real property exceeds P20,000.00 outside Metro
Manila or P50,000.00 within Metro Manila, So, if the occupant refuses to leave despite
jurisdiction is within the RTC. demand, then you have an action for unlawful
detainer.
What actions involve title to or possession of
real property? Part of the element of an unlawful detainer case

is that you have to file the action within 1 year Discussion:
from the date of the last demand.
Actually, ang circumstances under accion
Now, for example nilampas na ug 1 year, (same publiciana and accion interdictal pareha-pareha.
story lang) nag-lease, nag-expire and despite We are just also talking here of the right to
demands wala jud siya nihawa – 3 years na. Is it recover, the better right to possession or
still an action for unlawful detainer? You want possession de facto without going into the issue
to recover the property. Can you still recover of ownership. Here, I am not claiming ownership,
the property even though 3 years na? YES. I am claiming that I have the better right to
YOU STILL CAN, BUT NOT UNDER THE possess. That I’m entitled to possession.
CAUSE OF ACTION FOR UNLAWFUL
DETAINER. (We will discuss that in the second Now, the only difference here is tong giingon na
action.) ko na 3 years na ang nilapas, wala ka nagfile ug
action for unlawful detainer. In forcible entry you
Let’s go first to the forcible entry. have to file this case within 1 year from the time
of dispossession or if it's through stealth, that you
What is a forcible entry? were deprived of possession from the time of the
recovery of the stealth. Pinasecret man nang
When the occupation is attended by force, stealth, so from the time na na-discover nimo
intimidation, strategy, threat and stealth (FISTS). ang possession. Not necessarily from the time
The prior possessor has been deprived of his na na-occupy.
possession by the other because of FISTS. So,
there is now a cause of action for forcible entry. So, 1 year, pag nilampas ka ug 1 year you can
The prior possessor can demand that the still institute an action for recovery of the property
present possessor be ejected, and the but not forcible entry or unlawful detainer ang
possession be turned over to the prior imo na case. It is for accion publiciana. Action for
possessor. recovery of real property. Kung 3 years na,
accion publiciana ang imo na i-file. But here, diri
So, these [unlawful detainer and forcible entry] na ta mutan-aw sa assessed value. Because in
are what we call accion interdictal. accion publiciana, the basis of jurisdiction is the
assessed value of the property. So, dira na
The issue in these cases is the “better right of musulod if more than 20,000 ang assessed value
possession or possession de facto”. We are not outside Metro Manila or more than 50,000 in
talking here of ownership; we are just talking Metro Manila – RTC. Below 20,000 or 50,000
here who has the right to possess the property or less that would be with the MTC.
who has the better right to possess the property.
3. Accion Reivindicatoria
So, these are actions involving title to real
property. BUT PLEASE REMEMBER: even if
they are real actions, forcible entry, and unlawful
ACCION REIVINDICATORIA seeks the
detainer cases fall within the jurisdiction of the
MTC. Regardless of the assessed value of the recovery of possession based on ownership
property. before the trial court in an ordinary proceeding.
2. Accion Publiciana Discussion:
The third one is accion reivindicatoria.

ACCION PUBLICIANA is an ordinary civil
proceeding to recover the better right of So, here this is an accion to recover ownership.
Although it carries with it also the recovery of
possession of real property independently of
possession because one of the aspects of the
title, except in cases of forcible entry and ownership is possession. So, here the basis for
unlawful detainer, although any of the special your recovery is because you are the owner. You
circumstances mentioned is present, where have to prove ownership in an accion
the one-year period for bringing such action reivindicatoria.
has already expired.
Now, the question is which court has

jurisdiction over accion reivindicatoria,
recovery of ownership or recovery of What The plaintiff The plaintiff Ownership or
possession based on ownership? plaint alleges proof merely alleges title
iff of a better proof of a better
Tine T. (24:24- 30:19) prove right to right to possess
s possess without a claim
It also depends on the assessed value of the without claim of title
property. Again, 20,000 or less- MTC, more than of title
20,000-RTC (if outside Metro Manila). If within
Metro Manila, 50,000 ang threshold.
Juris MTC Jurisdiction Jurisdiction
dictio (regardless would depend would depend
n of the on the on the
In ACCION INTERDICTAL OR ACCION assessed assessed value assessed
value of the of the property value of the
PUBLICIANA, the plaintiff merely alleges
property property
proof of a better right to possess without claim involved.
of title. What distinguishes an action for
unlawful detainer from a possessory action
Is it possible that you are entitled to possess
(accion publiciana) and from a reinvindicatory without any reference to title?
action (accion reinvidicatoria) is that the first is
limited to the question of possession de facto. Example:
In Accion Publiciana and Accion You are occupying a property peacefully and
Reivindicatoria cases, we must look at the without any disturbance. Suddenly, here comes
assessed value of the property first. If the this person na by force, gi oust ka sa possession
over the property.
assessed value does not exceed 20,000 or
50,000, as the case may be, the MTC has Now, if you file an action for forcible entry against
jurisdiction even if the action does not qualify the present occupant, what you only need to
as one for forcible entry or unlawful detainer. prove is that you are in prior physical and
In excess of these amounts, the RTC already peaceful possession over the property. You do
has jurisdiction. not need to prove that you are the owner.
Nobody has the right, not even the owner of the
property, to dispossess your peaceful
possession extrajudicially.
If that person alleges (freeze 27:12-27:15) by

ACCION ACCION ACCION force, he cannot do that. That actually gives rise
INTERDICT PUBLICIANA REINVINDIC to a cause of action for forcible entry without any
AL ATORIA reference to ownership.
(unlawful
detainer,
forcible
entry) ACCION ACCION ACCION
INTERDI PUBLICI REINVINDIC
CTAL ANA ATORIA
AKA Ejectment Possessory Reinvindicato
(unlawfu
suit action ry action
l
detainer,
Aim To recover To recover To recover forcible
possession possession de possession
entry)
de facto, with jure, based on
no reference independently ownership
to ownership of title
or title Perio One (1) Ten (10) Being a real
d year from years action over

within date of from the immovables, alleged in the complaint?
which actual date of thirty (30)
to file entry on possessi years from the Recall that jurisdiction over the subject matter
actio the land on by date when the is determined by the allegations in the
complaint. If the plaintiff fails to make the
n or from another owner has
proper allegations that would vest jurisdiction
the date person been deprived to the trial court, the later can indeed order the
of last (Art 555 of his property dismissal of the action
demand of the (Art 1141 of
to vacate Civil the Civil In LARESMA versus ABELLANA, G.R. NO.
(Rule 70, Code) Code) 140973, November 11, 2004, the Supreme
Sec 1; Court declared:
Art 1147
The complaint does not contain any
of the allegation of the assessed value of Lot
Civil 4-E covered by TCT No. 47171. There
Code) is, thus, no showing on the face of the
complaint that the RTC had exclusive
jurisdiction over the action of the
Unlawful detainer- One year from the date of
respondent. Moreover, as gleaned
the last demand.
from the receipt of realty tax payments
issued to the respondent, the
Forcible Entry- one year from the time of
assessed value of the property in
dispossession, or kung secret ang pag enter,
1993 was P8,300.00. Patently then,
from the time the dispossession was discovered.
the Municipal Trial Court of
Aloguinsan, Cebu, and not the
Accion Reinvindicatoria Regional Trial Court of Toledo City,
had exclusive jurisdiction over the
Being a real action over immovables, thirty (30) action of the respondent.45 Hence, all
years from the date when the owner has been the proceedings in the RTC, including
deprived of his property. its decision, are null and void.
Although there are nuances to this, it would also
matter like you have thirthy years within which to
recover the property by accion reinvindicatoria, DISCUSSION: So definitely, to determine which
but if you remember in your law of prescription, if court has jurisdiction, you should allege the
the other party has already acquired the property assessed value of the property because how will
by ordinary prescription it only requires 10 years. the court know whether or not it has jurisdiction
kung wala siya kabalo sa assessed value. Pero
Even if naa kay thirty years to recover pero siya in the complaint wala nimo gi alleg ang assessed
na acquire na niya by ordinary acquisitive value thinking na action is incapable of pecuniary
prescription, he only needs ten years. Even if estimation. Daghan na biktima ani no. Thinking
wala pa niabot ug thirty years ang imung na it’s an action incapable of pecuniary
prescriptive period pero you cannot recover pud estimation wala na nla gi allege ang assessed
because the other has already aquired it by value sa property kay automatically RTC man na
ordinary acquisitive prescription. sya pag-incapable of pecuniary estimation and
the it turns out na it’s a real action diay because
What if sa complaint the assessed value so it the ultimate claim or the main relief for is the
is a real action- action for recovery of recovery of real property.
ownership, for example, of a real property.
So, what will happen now if walay alleged
30:20-36:15-TINE B assessed value in the complaint? Well, it may be
dismissed by the court because definitely the
court has no jurisdiction. It cannot be said na
RTC ky how do we know nga more than 20,000
SLIDE: What if assessed value is not ang value sa property na wala man nimo gi

allege in your complaint and as what we have gifile nimo sya sa RTC makita jud dapat didto na
discussed before to determine whether or not the ang RTC jud ang naay jurisdiction because it
court has jurisdiction over the subject matter of was in the tax declaration the assessed value of
the case, the court only has to look into the the property is more than 20,000.
allegations made in the complaint. If the
complaint is insufficient such that dili nato makita Pero, once na nag-answer na si defendant,
ang assessed value then, the complaint is amendment is no longer a matter of right. It is
dismissible. already a matter of judicial discretion. The court
has to rule whether or not it allows the
This was the ruling of the Court in the case of amendment.
Laresma vs. Abellana. Again, whether or not the
RTC or MTC has jurisdiction over the action, So, unsa may difference? Well, if we’re talking of
they cannot determine because there was failure jurisdictional issue, an amendment that is
to allege in the complaint the assessed value of intended to confer jurisdiction upon in the court
the property. when in the first place it has none, you cannot
amend your complaint so ask to confer
So, all the proceedings made in the RTC jurisdiction upon the court after the defendant
because it was filed in the RTC because there has already filed answer. Why? Because, here,
was no basis in saying that the RTC has no the court has no authority to act on your motion
jurisdiction because it was a real action. There for leave to amend the complaint. If the court in
was not even a tax declaration as attached to the the beginning has no jurisdiction, it continuous to
complaint. So, wala jud tay basis in knowing na have no jurisdiction to act. It cannot issue any
the RTC ba jud has jurisdiction. order except for the dismissal of the case.
Katong sa first na situation, wala may buhaton si

court at all kay it doesn’t even have to approve
SLIDE: But, rather than dismiss the case the amendment kay it does not seek for the
outright… leave of court. It’s a matter of right. You can
amend that. Dili ta mga-invoke sa power of the
It is posited the court may instead order the court to hear, decide and act on the case
Plaintiff to simply amend* his complaint. This is because here amendment is a matter of right.
in keeping with the liberal policy on the
interpretation of the Rules of Court. Pero, after answer, when amendment is no
longer a matter of right and you would like the
court to approve your amendment so as to
confer jurisdiction, dili na sya pwede. Again,
DISCUSSION: Although, when we go to because if the court has no jurisdiction, it cannot
amendments, pwede na nimo siya ma correct. on the case and it cannot even decide na okay I
You can amend the complaint but please will approve the amendment so as to confer
remember also that when we go to amendment, jurisdiction. We will discuss that when we go to
there’s also what we called amendment as a amendment.
matter of right and amendment by leave of court,
judicial discretion.
SLIDE: Concurrent Jurisdiction with the
Amendment as a matter of right, it has happens MTC
before the answer, before the filing of the
defendant of his answer. So, you can amend RA 9262, SEC. 10. Where to apply for a
your complaint as a matter of right. You don’t Protection Order.
need to ask permission from the court.
-Applications for BPOs shall follow the rules on
Here, I would say na if it is amendment as a venue under Sec. 409 of the Local
matter of right wala pa answer sa pikas na Government Code of 1991 and its
disover nimo na hala I forgot to allege the implementing rules and regulations. An
assessed value of the property. I forgot to attach application for a TPO or PPO may be filed in
the tax declaration in the complaint. So, i-amend the regional trial court, metropolitan trial court,
nimo. Okay lang na sya because it’s a matter of municipal trial court, municipal circuit trial court
right provided also nga in your amendments kay

- Action for annulment of judgment of the
with territorial jurisdiction over the place of
RTC (CA - provided under the RoC)
residence of the petitioner: Provided, however,
- Action for annulment of judgment of the
That if a family court exists in the place of
MTC brought under Rule 47 (Not
residence of the petitioner, the application
specified so it falls under the catch-all
shall be filed with that court.
jurisdiction of the RTC)
DISCUSSION: We will go now to the exclusive

original jurisdiction of the RTC. We go to the
concurrent jurisdiction of the RTC.
Slide:
First with the MTC. So, what are those cases
where the RTC has concurrent jurisdiction with
RTC vs. QUASI-JUDICIAL TRIBUNALS
the MTC.
There are a lot of cases here. To accurately
determine whether jurisdiction is lodged before
the RTC or a quasi-judicial body, you have to
Edren (36:16-42:11)
examine the law administered by such agency
and read the decided cases. We have to read
and examine all the cases on the topic in the
syllabus.
Slide:
CONCURRENT JURISDICTION WITH THE

MTC
Pero naay cases na maski dili provided sa law
RA 9262, SEC. 10. Where to apply for a
(BP 129) kung asa sya na jurisdiction under, dili
protection order. - Applications for BPOs shall
gihapon sya ma fall under the RTC - pwede sya
follow the rules on venue under Section 409 of
under sa administrative agencies/bodies.
the Local Government Code of 1991 and its
implementing rules and regulations. An
application for a TPO or PPO may be filed in
the RTC, MeTC, MTC, MCTC with territorial
jurisdiction over the place of residence of the For example the case is about housing, dili
petitioner; Provided, however, That if a family dayon ka muderetso sa RTC kay basin naay law
court exists in the place of residence of the na naga provide na this case is under the
petitioner, the application shall be filed with jurisdiction of the HLURB.
that court.
Or if it involves employment er-ee relationship,

you check first if there are laws sa DOLE or sa
CATCH-ALL JURISDICTION OF THE RTC NLRC kung naa ba silay jurisdiction sa case kay
most likely, naa man na. Pero kung wala jud,
(6) in all cases not within the exclusive then RTC.
jurisdiction of any court, tribunal, person or
body exercising jurisdiction or any court,
tribunal, personal or body exercising judicial or
quasi-judicial functions; Naay mga issues nga daghan ug applicable
laws. So kinsa man gyud ang muresolve ani na
mga kaso?
Q: How do you know if the case is not within the What law will ultimately be used to resolve
jurisdiction of any court? the controversy in the case?
Example: If the resolution of the case ultimately boils

So naa daw discriminatory and unconstitutional
down to application of a special law within the
provisions in the CBA. Nganong ni pirma man
competence of an administrative or quasi-
pud tawon sila ani na CBA noh kung
judicial agency, the RTC has no jurisdiction.
discriminatory man diay. Kasab-i inyong mga
union officers nag pataka lang ug pirma. Okay
*Kung labor laws ang applicable, then the anyway unsa man na provision diri ang ilahang
jurisdiction is with the NLRC or DOLE giingon na discriminatory and unconstitutional?
*Kung agrarian cases gani, sa DAR Remember ha ang employer dili baya na siya
ang mag sige ug buot na “Oh sige mao ni atong
Basta kung unsa na laws applicable sa ilaha, naa sa CBA, take it or leave it.” Dili na siya ingon
didtoa sila na jurisdiction. ana. CBA is negotiated na siya, kung mag
deadlock pa gyud pwede pa na mag strike ang
union diha. Okay so sakit na sa ulo sa employer
ang union. Okay so the provision is:
42:12 to 48: 07 - Chang The provisions included one that set the
retirement age for cabin personnel (compulsory
What law will ultimately be used to resolve the retirement of 55 for female and 60 for males).
controversy in the case?
– If the resolution of the case ultimately boils down
So ngano ipa-retire man nato ang 55 na bata
to application of a special law within the
paman na siya, kusgan pa man na siya. Ang 60
competence of an administrative or quasi-judicial
pud. Kani siya ang question, kung kinsa ang
agency, the RTC ahs no jurisdiction.
naa’y jurisdiction.
– If the resolution of the case can be had without
reference to these special laws, the RTC has
jurisdiction. When you go to labor relations, issues arising
from the interpretation and enforcement of a
provision in the collective bargaining agreement
(Reading second item) If the resolution of the (CBA), if it cannot be resolved by grievance, it
case can be had without reference to these will be referred to the Voluntary Arbitrator. Read
special laws, of course, catch-all jurisdiction of slide below:
the RTC, it is with the RTC.
Remember that in Labor Law:
Now please remember this case of Halagueña v.
The Voluntary Arbitrator or panel of Voluntary
PAL on the issue of jurisdiction.
Arbitrators have original and exclusive
jurisdiction to hear and decide all unresolved
Halagueña v. PAL grievances arising from the interpretation or
G.R. 172013, October 2, 2009 implementation of the CBA. Regular courts have
The issue in this case was which tribunal has no power to set and fix the terms and conditions of
jurisdiction over the alleged discriminatory and employment. Absent any arbitration clauses, labor
unconstitutional provisions of a CBA. tribunals would have jurisdiction.
You know what’s a CBA? That’s a collective Okay so didto na siya. Pero kung wala’y
bargaining agreement (CBA). Kana siya kanang arbitration clause, kay sa CBA man gud, ibutang
diba naa’y company, and then naa’y union, and pud na ninyo kung unsa ang mga issue which
then the union, siya ang na-elect as the sole and are subject to arbitration. Kung di siya apil diha,
exclusive bargaining agent. Naa na sila’y didto ka sa NLRC under the Labor Arbiters.
contract between the management and the
union. Mao na siya ang gina tawag na CBA. So karon ang question is didto ba sa Voluntary
Kana na agreement ang mag govern sa terms Artbitrator ang jurisdiction over this issue
and conditions of employment of the workers because again it involves a provision in the CBA,
who are represented by the union. Aside from which is allegedly discriminatory and
the labor laws, pwede pa ka mangayo’g better unconstitutional.
benefits/terms and conditions in the CBA.
So here, actually mura ta’g it’s in the

interpretation and implementation of the CBA jurisdiction of the DA or the Labor Arbiter so
because we are talking about a provision in the we’re now using the catch-all jurisdiction of the
CBA. RTC.
When no specific court or quasi-judicial agency

Held:
or tribunal has jurisdiction over all these issues
The issue raised is whether Section 144, Part A of
raised then it could only be the RTC under its
the PAL-FASAP CBA is unlawful and
catch-all jurisdiction.
unconstitutional. Here, the petitioners' primary
relief in Civil Case No. 04-886 is the annulment of
The jurisdiction of the labor arbiters and the
Section 144, Part A of the PAL-FASAP CBA,
NLRC under Article 217 of the Labor Code is
which allegedly discriminates against them for
limited to disputes arising from an employer-
being female flight attendants.
employee relationship which can only be
resolved by reference to the Labor Code, other
The said issue cannot be resolved solely by
labor statutes, or their CBA.
applying the Labor Code. Rather, it requires the
application of the Constitution, labor statutes, law
Thus, where the principal relief sought is to be
on contracts and the Convention on the
resolved not by reference to the Labor Code or
Elimination of All Forms of Discrimination Against
the other labor relations statute or a CBA but by
Women, and the power to apply and interpret
the general civil law, the jurisdiction over the
the constitution and CEDAW is within the
dispute belongs to the regular courts of justice
jurisdiction of trial courts, a court of general
and not to the labor arbiter and the NLRC. In
jurisdiction.
such situations, management relations nor in
wage structures and other terms and conditions
Diba, whether or not unconstitutional, so we of the employment, but rather in the application
have to apply the provisions of the Constitution of the general civil law. Clearly, such claims fall
which are allegedly violated by this stipulation in outside the area of competence or expertise
the CBA. You also apply the law on labor. You ordinarily ascribed to labor arbiters and the
also apply the law on contracts because we are NLRC and the rationale for granting jurisdiction
talking here of the CBA which is also a contract, over such claims to these agencies disappears.
the binding effect on the contract. And the
Convention on the Elimination of All Forms of Actually, even if naay issue or naay labor aspect
Discrimination Against Women, so international pero dili man gud sya purely labor, it will require
law pa gyud. the application of the general law on contracts for
example under the New Civil Code, the
So even if naa’y labor aspect na kasi ni siya, Constitution so you go to the RTC.
which may be under the Voluntary Arbitrator, he
cannot possibly resolve all issues here. He Appellate Jurisdiction (Section 22, BP 129)
cannot apply the Constitution. Again, sa labor,
their competence is limited only to issues arising Appellate jurisdiction over cases decided by
from employer-employee relationship. lower courts (MTCs) in their respective territorial
jurisdictions. The decisions of the RTC in the
48:08 - 54:03 - Bolo exercise of its appellate jurisdiction shall be
appealable by petition for review to the Court of
The said issue cannot be resolved solely by Appeals. (Sec. 22, B.P. Blg. 129)
applying the Labor Code. Rather, it requires the
application of the Constitution, labor statutes, law Modes of Review of RTC Decisions
on contracts and the Convention on the
Elimination of All Forms of Discrimination Against
women, and the power to apply and interpret the
constitution and CEDAW is within the jurisdiction Original Jurisdiction Ordinary Appeal
of the trial courts, a court of general jurisdiction.
under Rule 41
So kanang law on contracts, international law,
Constitutional law, beyond na na sa ilaha
competence. So, because of that, which court Appellate Jurisdiction Petition for Review
has jurisdiction? It cannot be within the

of the RTC, the special jurisdiction of the RTC.
So here, it’s a petition for review although if you
under Rule 42 remember our discussion diba nagcomment ko
didto nga a petition or an action filed before the
RTC to determine just compensation is actually
Special Jurisdiction Petition for Review in the exercise of the RTC’s original jurisdiction.
(SAC) Bisan pa gikan na sya sa DAR, the landbank as
under Rule 42 we have discussed before, will initially determine
the just compensation for the land na
giexpropriate sa DAR and then ifile nimo sa
Special Jurisdiction Ordinary Appeal under PARAD, RARAD, or sa DARAB ang preliminary
rule 41 determination of just compensation na gi
(Family Courts) determine sa landbank.
RA 8369, Sec 14.
Appeals. – Decisions/
orders of the Court shall 54:09-59:57 - KHAYZEE
be appealed in the same
manner and subject to I file nimo sa DARAB (Department of Agrarian
the same conditions as Reform Adjudication Board), sa PARAB
appeals from the (Provincial Agrarian Reform Adjudication
ordinary RTCs. Board), or sa DARAB ang preliminary
determination of just compensation na gi
determine sa landbank. Then i decide na siya sa
Pure Questions of law Petition for Review DAR, when I say DAR, it means the PARAB and
the DARAB. Okay so, any decision of the dar will
under rule 45 be raised to the SAC, the special agrarian court,
The ITC, nasa special agrarian court. But again,
as we have discussed, ingon ng supreme court
dili ni siya appeal to the RTC, it is an original
action. Kung mag decide si RTC, that issue on
Now, let’s go to the kinds of decision rendered by just compensation, asa man nato i appeal? Didto
the RTC and how to review these decisions of nato i appeal sa court of appeals gihapon, but
the RTC. We have discussed before those cases the mode of review is rule 42. Rule 42 which i
falling under the exclusive original jurisdiction of commended before, is actually a mode of review
the RTC under BP 129. So, meaning, the case is for decisions of the RT rendered in it is appellate
filed for the first time before the RTC. If the RTC jurisdiction. Here we’re talking about the original
renders a decision in these cases, how do you jurisdiction of the RTC. Anyway, that’s the law
appeal? Where to appeal? which says Rule 42.
Decisions of the RTC as already discussed, are Okay, special jurisdiction. RTC acting as a family
appealable to the CA. Under what mode? Under court. Asa man nato i appeal? Court of appeals
Rule 41, its an ordinary appeal. gihapon under rule 41 because it’s in the
exercise of the RTC’s Original Jurisdiction. Rule
Now, decisions rendered by the RTC in the 41, notice of appeal.
exercise of its appellate jurisdiction, the case
was from the MTC, appealed to the RTC, as Pure questions of law. If the RTC decided, in the
discussed the RTC has exclusive appellate exercise of Its Original Jurisdiction, and you want
jurisdiction over the decisions of the MTC. The to appeal that decision, and you are raising
decision of the RTC rendered in the exercise of purely questions of law, where do you appeal
its appellate jurisdiction, asa man nan to and what is the mode of appeal? Do you still
ipasaka? Didto sa CA, didto lang gyud na sya sa remember? Be daw beh, kung nakaremember ba
CA under what mode? Under Rule 42, this is mo ato. Pila kani gibalik?
what we call petition for review to the questions
of law, questions of facts or mixed questions of Angeles?
fact and law.
“Ma’am?”
We also discussed under the original jurisdiction

appellate jurisdiction. And then we would like to
Asa man na siya? RTC decided a case in the appeal on that decision raising purely questions
exercise of its original jurisdiction. Then, we of law. Asa ka mag appeal? Sa court of appeals.
would like to appeal involves only questions of Dili sa supreme court. Nganong dili man sa
law. Where do you appeal? Hm, we discussed supreme court? Because we’re talking of a
that before. I’d just like to know kung decision rendered by the RTC in the exercise of
nakaremember ba mo. its appellate jurisdiction.
“Uh, ano ma’am, if it involves questions of law Kay, katong sa supreme court deretso, purely
ma’am it appeals to the court of appeals ma’am.” questions of law, kato siyang decision
surrendered by the RTC in the exercise of its
Are you sure? original jurisdiction. Pure questions of law. Okay,
do not be confused. Na gets ninyo? Well, wala
“Uh, yes ma’am.” nato siya i exam kung nagets pa gid ninyo. Okay,
so let’s have a break first for 10 minutes.
It says oh, naa diri sa table nato, the mode of
review’s petition for review is under rule 45. Rule
45 is appeal to the supreme court. PART 2
“Uh, what I thought of ma’am was the hierarchy 59:57-1:03:46 Gennard

to be followed.”
When I say MTC, this is a generic term for the
Yes, there is no hierarchy to be followed here courts of this level: Municipal Trial Court,
because, okay I’ll repeat ha. Municipal Circuit Trial Court, Municipal Trial
Court in Cities, and Metropolitan Trial Court.
Decisions rendered by the RTC, in the exercise
of its ORIGINAL jurisdiction, and you would like JURISDICTION OF THE MTC
to appeal that decision, raising only questions of
law, appeal is DIRECTLY to the supreme court.
MUNICIPAL TRIAL COURT
We discussed this under the appellate
jurisdiction of the Supreme Court. Okay, appeal
Among all the courts, it is only the MTC whose
is directly to the supreme court, under Rule 45.
subject matter jurisdiction is wholly ORIGINAL.
But, if the RTC, even if the RTC exercised its
original jurisdiction, so meaning a case is filed for
Its original jurisdiction, however, can be
the first time for the RTC, and then in the
EXCLUSIVE or CONCURRENT under the
decision, you are appealing, you want to appeal
current state of the law and the rules.
that decision, raising questions of facts, or mixed
questions of facts and law, you appeal to the?
Asa man? Diri ta oh, kani diri. Makita ninyo ang The MTC has no appellate jurisdiction because it
cursor? Makita ba ang cursor sa screen? is the first level court.
pointing to:
EXCLUSIVE ORIGINAL
BP Blg. 129
Original jurisdiction Ordinary Appeal
Rule 41 Section 33. Jurisdiction of Metropolitan Trial
Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in civil cases. –
“Yes ma’am”
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall
Diri ta, original jurisdiction, ordinary appeal under
exercise:
rule 41, to the court of appeals. Kung questions
1. Exclusive original jurisdiction over civil
of facts or mixed questions of facts and laws.
actions and probate proceedings, testate and
Kung diri ta, appellate jurisdiction, the RTC, so
intestate, including the grant of provisional
gikan sa MTC, ang appeal sa RTC.
remedies in proper cases, where the value of
the personal property, estate, or amount of the
Now gikan sa RTC, gusto napud ka mu appeal
demand does not exceed Three hundred
raising purely questions of law. Asa man ka mag
thousand pesos (P300,000) or, in Metro
appeal? Kani ha, in the exercise of the RTC’s

Manila where such personal property, estate, without deciding the issue of ownership, the
or amount of the demand does not exceed issue of ownership shall be resolved only to
Four hundred thousand pesos (P400,000), determine the issue of possession.
exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and
costs, the amount of which must be specifically
Now as I said, in these cases, regardless of the
alleged: provided, that where there are several
assessed value of the property MTC jud na siya.
claims or causes of action between the same
And theses cases ang issue lang kay possession
or different parties, embodied in the same
de facto not ownership, however, the defendant
complaint, the amount of the demand shall be
may raise the question of ownership in his
the totality of the claims in all the causes of
pleadings. Would that change the nature of the
action, irrespective of whether the causes of
case? Dli gihapon. Dli siya determanitive kung
action arose out of the same or different
kinsa ang owner. Still ang issue lang gihapon
transaction;
ang possession. Pwde i-determine ang issue of
ownership per only in so far as to determine who
The last part of this provision (underlined is entitled to the possession.
portion,) we’re talking here of the joinder of
causes of actions. We have not arrived to that
topic yet, but when we say joinder: 1:07:34 – 1:11:21 Derogongan
1:03:47-1:07:34 … and the question of possession cannot be

resolved without deciding the issue of ownership,
Halimbawa daghag utang si A sa imoha nay the issue of ownership shall be resolved only to
100,000, 200,000, ug 300,000 tanan sila due and determine the issue of possession.
demandable. Ofcourse gusto nimo isahun lang
ang kaso na i-file kay A. Naay tulo ka utang si A Meaning, dili siya gihapon mi imong
and each utang is separate and distinct from the determinative kung kinsa tinuod pud na owner.
others. Kung i-file na nimo tanan against kay A Still ang issue lagi diha is the possession. Pwede
musobra siya sa threshold so RTC jud na siya, na to idetermine ang issue of ownership but only
pero kung isa-isahun nimo siya kay MTC ra. If insofar as to determine the issue of possession.
you file these cases against A and there's a in fact, the issue of possession resolved by the
proper joinder of action ang basis sa Jurisdiction MTC to determine the issue of possession,
kay ang total na claim nimo kay A. Or maybe forcible entry, unlawful detainer case will not be
there's a joinder of parties, like mufile kag case res judicata regarding the ownership. It still can
kay A, B, and C. There are requisite if mufile kag be raised in another action precisely for that
joinder of parties kung kanu-a pwde I join nimo purpose to question the ownership. Because lahi
ang parties in the same case. If ang claim nimo na siya na issue, ang ownership. It is not the
kay A kay 100,000, kay B is 200,000, and kay C subject matter, it is not the controversy in an
is 300,000. If i-file nimo ug nag isa-isa dili ka ma- unlawful detainer or forcible entry.
abot sa RTC kay MTC ra ka, pero if proper ang
joinder sa parties i-file nimo ang case against all
of them in 1 case kay A, B, and C the basis of (3) Exclusive original jurisdiction in all civil
jurisdiction kay ang the totality of your claim actions which involve title to, or possession of,
against A, B, and C so RTC na siya. That’s the real property, or any interest therein where the
concept of the last paragraph when there's a assessed value of the property or interest
proper joinder of cause of action or if joinder of therein does not exceed Twenty thousand
parties, the totality of claims of all the cause of pesos (P20,000.00) or, in civil actions in Metro
action shall be the basis of the determination Manila, where such assessed value does not
which court has jurisdiction. exceed Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses and
costs; Provided, That in cases of land not
(2) Exclusive original jurisdiction over cases of declared for tax purposes, the value of such
forcible entry and unlawful detainer: Provided, property shall be determined by the assessed
that when, in such cases, the defendant raises value of the adjacent lots. (as amended by RA
the question of ownership in his pleadings and 7691)
the question of possession cannot be resolved

Katong number 1 na exclusive jurisdiction, talks CONCURRENT ORIGINAL
of personal actions, katong magbase sa value ng
property na P300,000, P400,000. 2nd category, Rule 71, Section 5. Where charge to be filed.
forcible entry and unlawful detainer case, wala – Where the charge for indirect contempt has
tay pakialam sa value ng property. 3rd situation or been committed against a Regional Trial Court or
category, real actions. In real actions, we are a court of equivalent or higher rank, or against an
just talking about accion provinciana and accion officer appointed by it, the charge may be filed
reinvidicatoria. Here, kung dili siya sa RTC, with such court. Where such contempt has been
MTC. Kung does not exceed P20,000, outside committed against a lower court, the charge may
MM, MTC. If it does not exceed P50,000 in MM, be filed with the Regional Trial Court of the place
MTC. in which the lower court sitting; but the
proceedings may also be instituted in such lower
Take note of exclusive of interest, damages of court subject to appeal to the Regional Trial
whatever kind, attorney’s fees, litigation Court of such place in the same manner as
expenses and costs. Dili nato siya apilon sa provided in Section 11 of this Rule. (4a; Bar
computation. Dito lang ta maglimit sa assessed Matter No. 803, July 21, 1998)
value of the land, walay apil ang claim for
damages if that is a real action. RA 9262, SEC. 10. Where to Apply for a
Protection Order. – Applications for BPOs shall
How do we … assessed value? Naa pud diri. follow the rules on venue under Section 409 of
Based sa tax declaration. Kung for example, the Local Government Code of 1991 and its
walay tax declaration, pwede pud siya idetermine implementing rules and regulations. An
based on assessed value of the adjacent lots. application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court
Section 33 Simplified with territorial jurisdiction over the place of
residence of the petitioner: Provided, however,
1. Civil actions where the amount of the that if a family court exists in the place of
demand does not exceed P300,000 or residence of the petitioner, the application shall
P400,000 in MM; be filed with that court.
2. Civil actions where the value of the
personal property does not exceed SPECIAL JURISDICTION
P300,000 or P400,000 in MM;
3. Probate proceedings where the value BP 129, SECTION 35. Special jurisdiction in
of the estate does not exceed certain cases. – In the absence of all the
P300,000 or P400,000 in MM; Regional Trial Judges in a province or city, any
4. Forcible entry and unlawful detainer Metropolitan Trial Judge, Municipal Trial Judge,
cases; and Municipal Circuit Trial Judge may hear and
5. Real actions where the assessed decide petitions for a writ of habeas corpus or
value of the property or interest therein applications for bail in criminal cases in the
does not exceed P20,000.00 or, province or city where the absent Regional Trial
P50,000.00 in MM. Judges sit.
Sec. 33. Mao ni siya ang actions within the DELEGATED JURISDICTION
jurisdiction, exclusive and original of the MTC.
Numbers 1, 2 and 3 are personal actions. Section 34. Delegated Jurisdiction in
Though no. 3 is a special proceeding. Ang Cadastral and Land Registration Cases. –
procedure sa no. 3 dili na siya sa civil procedure, Metropolitan Trial Courts, Municipal Trial Courts,
special proceeding ni siya but we are just talking and Municipal Circuit Trial Courts may be
about jurisdiction, ang threshold amount is assigned by the Supreme Court to hear and
P300,000. determine cadastral or land registration cases
covering lots where there is no controversy or
No. 4 and 5 are real actions. In no. 4, we don’t opposition, or contested lots where the value of
care about the assessed value of the property. which does not exceed One hundred thousand
pesos (P100,000.00), such value to be
1:11:21 – 1:15:08 - LUCMAN ascertained by the affidavit of the claimant or by
agreement of the respective claimants if there

are more than one, or from the corresponding tax speak of damages as an incident to a main
declaration of the real property. Their decisions action, like action for collection of a sum of
in these cases shall be appealable in the same money and then with claim for damages,
manner as decisions of the Regional Trial attorney’s fees, the only basis is the action for
Courts. (as amended by R.A. No. 7691) collection of a sum of money. We don’t include
the damages, attorney’s fees, litigation
We also discussed this delegated jurisdiction of expenses, costs of suit, etc.
the MTC. Katong cadastral and land registration
cases, ang jurisdiction gyud ana is with the RTC But if you have several claims against one
but pwedeng i-delegate ni RTC didto kang MTC. person, or daghan kag gipang-file-an ug kaso,
Now kung mag-decide si MTC in that case, the totality of those claims, those main claims of
pwede sya i-appeal dili sa RTC but didto sa yours, shall be the basis of the determination of
Court of Appeals kay technically kay RTC gyud jurisdiction.
sya na case gi-delegate lang didto kay MTC.
Do not be confused.
• By process of elimination, if such civil actions
or probate proceedings do not fall within the Example:
jurisdiction of the RTC based on the amount Pia filed a case before the Manila RTC against
of the claim or value of personal property, Maja on the following causes of action:
then jurisdiction will belong to the MTCs. FIRST, to collect on a loan which fell due on
January 14, 2020 in the amount of PHP
• Take note that “interest, damages of 150,000.00 plus interest on such loan in the
whatever kind, attorney’s fees, litigation amount of PHP 20,000.00;
expenses, and costs” are excluded in
determining jurisdiction. However, they are SECOND, to collect on a loan which fell due on
included in the determination of the filing or August 15, 2020 in the amount of PHP
docket fees to be paid. (That is if the main 200,000.00 plus interest on such loan in the
action is not for damages like, again, claim amount of PHP 40,000.00;
for sum of money, or claim for specific
performance or rescission but with damages THIRD, because Maja compelled her to litigate
so we do not consider the interest, damages, instead of just paying the debt, Pia claimed
attorney’s fees, litigation expenses, and attorney’s fees and expenses of litigation in the
costs in the determination of the jurisdiction, total amount of PHP 100,000.00; and
only the main action).
FOURTH, because Maja’s failure to pay caused
TOTALITY RULE her serious anxiety, Pia also included a claim for
Last part of Section 33(1) moral damages in the amount of PHP
200,000.00.
“Where there are several claims or causes of
actions between the same or different parties, Recitation Questions:
embodied in the same complaint, the amount of Was the case properly filed before the RTC?
the demand shall be the totality of the claims in What is the basis in determining jurisdiction?
all the causes of action, irrespective of whether
the causes of action arose out of the same or || 01:18:56
different transactions.”
1:18:55- 1:22:42 (Seruela)
December 16 Fourth. Because Maja’s failure to pay caused

her serious anxiety. Pia also included claim for
(01:15:06-01:18:55) by Cuartero moral damages in the amount of P200,000.00.
Ma’am: Was the case properly filed before the

The basis of the jurisdiction shall be the total
RTC?
amount of the demand.
This is different from damages because when we What is the basis in determining
jurisdiction?

Student: On the assessed value
Ma’am: But we are not talking of a land here. 1:22:42-1:26:29 (Espuerta)

What kind of action is this?
…. So the totality rule and then we also apply the
Student: Specific performance: rule na if the main action is not for damages, so
the computation, insofar the determination of the
Ma’am: Based on the subject matter, what is the jurisdiction is concerned, will exclude the
nature of that action? damages, interest, penalties, attorney’s fees.
Iexclude siya. So take note ha, in the
Student: Personal action determination of jurisdiction, excluded ni sila.
Pero in the determination of docket fees, kanang
Ma’am: personal action as opposed to real bayaran nimo inig file, apil na sila sa
action. When you say personal action, it does computation. Sa jurisdiction lang na sila walay
involve real property, title, possession, or apil. Okay, so which court has jurisdiction here?
interest. When you say personal action it could Recit Answer: MTC (Municipal Trial Court). It did
also be capable of pecuniary estimation or not exceed the 400k threshold and the case is in
incapable of pecuniary estimation. Is this Manila RTC.
capable or incapable of pecuniary estimation? Threshold is 400k, outside metro manila, it could
have been with the RTC because it exceeds
Student: Because it is an action for collection of 300k, but this is in metro manila
money, it is capable of pecuniary estimation.
Adding everything up, Pia’s total claims against
Ma’am: it is very capable of pecuniary Maja amounted to P710,000.00.
estimation, you are collecting a loan. Even if it is Maja filed a motion to dismiss on the ground that
also actually a specific performance, but it is the RTC has no jurisdiction over the case.
capable because you are demanding a sum of Should the court grant or deny the motion to
money. If you remember the case of Remarkable dismiss?
laundry v Pajares, where he invoked the penal
clause in the contract “Laundry Services”. Even if Okay so, here, its not 710k, but its only 350k,
the plaintiff invoking enforcement of a contract, which is the basis in determining the jurisdiction
so specific performance which is supposed to be of the court.
incapable of pecuniary estimation, but he was
claiming the liquidated damages mention in that We exclude in the computation this interest,
contract. So it still for a sum of money which is damages, attorneys fees and litigation expneses,
capable of pecuniary estimation. Look at what is although we add the amounts of debt no.1 and
claimed in the case, if there is amount or money debt. No2. So it is only 350k.
involved or if there is a property involved. Is it
measurable in terms of money. If it is a property, So, does the RTC have jurisdiction?
is it personal or real property. So we are now NO
settled that it is a personal action and capable of - Remember that the complain is filed in
pecuniary estimation. Now, what is the total Metro Manila, which means that the total claim
amount of claim that will be used in determining should be more than P400,000.00 for the same
jurisdiction? to be cognizable by the RTC
- Because Pia’s total claim is only
Student: the total amount is P350,000.00. the P350,000.00, the case should have been filed
total amount P150,000 in addition the before the MeTC. Maja’s motion to dismiss
P250,000.00 excluding the interest. should be granted.
Ma’am: So you apply the Totality Rule, that there So this already the answer to your…
are actually two loans here being collected by
Pia against Maja, the P150,000.00 and the Take note that:
P250,000.00, so the totality rule. - Recall that under ADMINISTRATIVE
CIRCULAR NO. 09-94, the exclusion of
damages of whatever kind applies only to cases
where the damages are merely incidental to or a
consequence of the main cause of action.
- However, in cases where the claim for

damages is the main cause of action, or one of
the causes of action, the amount of such claim
contract. Damages only. That is why we
shall be considered in determining the
include also in the computation, the
jurisdiction of the court.
attorney’s fees. But since 280,000 lang
gihapon, it was not within the jurisdiction
So, please remember the totality rule and the
of the RTC. It is not incapable of pecuniary
exlusion of damages, and etc.
estimation as they claim. It is actually
capable of pecuniary estimation. Although
SPS. PAJARES vs. REMARKABLE LAUNDRY
they sought to enforce the contract, they
GR No 212690, February 20, 2017
were claiming the damages. They claimed
- A complaint primarily seeking to enforce
the penal clause. They claimed the penalty
the accessory obligation contained in the penal
mentioned in the contract, the liquidated
clause is actually an action for damages capable
damages. So purely damages, so we add
of pecuniary estimation.
the attorney’s fees, still outside gihapon. It
- Petitioner’s responsibility under the
is below the jurisdiction of the RTC.
above penal clause involves the payment of
liquidated damages because under Article 2226
of the Civil Code the amount the parties
stipulated to pay in case of breach are liquidated
damages.
3 Kinds of Real Actions (Actions referred to
This is a case which we have already discussed. in Section 22, par 2 and 3 of BP 129)
The case of pajares vs remarkable laundry.
Okay, I, again in this particular case, if you 1. Accion Interdictal- this is the only once
remember, ang iyang claim is liquidated within the jurisdiction of the MTC.
damages of 200k pesos base on the clause of
their contract plus naa pa siyay claim na 80k 2. Accion Publiciana
pesos as attorneys fees. So here, applying the
rule which we have already discussed, if the 3. Accion Reivindicatoria
claim for damages is merely incidental to a main
action, the claim for damages will not be included For number 2 and 3, it really depends upon the
in the determination of jurisdiction. But if it just a assessed value of the property. So only when
claim purely for damages, we include all the 20,000 below or 50,000 below if in Metro Manila,
computations involved. Here what was claimed it will fall under the exclusive jurisdiction of the
was the liquidated damages stipulated in the MTC.
contract. So damages lang. so that’s why we
included also katong attorneys fees iyang Again, I already explained to you what makes a
gipangayo. But since 280k lang gihapon, then it case for Unlawful Detainer and forcible entry.
was not in the jurisdiction of the RTC. It was not You also have to be careful here. Because, even
in the first place an action, its not incapable of if you claim or if you file a case for unlawful
pecuniary estimation. It is actually capable of detainer or forcible entry, mao jud ni ang caption
pecuniary estimation. Although they sought to sa imong case. But sa imong complaint, ang
enforce the contract. They were claiming for elements niya, dili siya maconsider as forcible
damages, the penal clause. The penalty entry or unlawful detainer. Actually, accion
mentioned in the contract, liquidated damages. publiciana kay more than one year na, diha paka
Purely damages. nagfile ug case. So here, kung gifile nimo siya sa
MTC, and it happens, kay kuno lage Forcible
Entry or Unlawful Detainer, gifile nimo sa MTC.
1:26:29-1:30:16 - Eborde But in reality, it is an Accion Publiciana, swerte
ka kung ang assessed value does not exceed
20,000 kay MTC lang gihapon. Pero kung ang
assessed value diay based sa tax declaration
Sps. Pajares v Remarkable Laundry (Cont.) kay 30,000 unia gifile nimo outside Metro Manila,
walay jurisdiction ang MTC. So the case will be
.. We include all the computations dismissed. Although, you can always refile sa
involved. Here, what was claimed was the proper court. Pwede ka magfile sa RTC pero ang
liquidated damages stipulated in the sakit lang diha is imong docket fees na

gibayaran , dili na to nimo makuha. Mubayad ka
usab ug docket fees sa RTC. So who’s fault is
that? Sala na sa lawyer dili na sala sa client.
● ON STATUS OF MTC RULING ON
1:30:16 -1:34:02 Torculas OWNERSHIP
De Grano vs. Lacaba ● · In an unlawful detainer case, the

G.R. No. 158877, June 16, 2009 sole issue for resolution is physical or
material possession of the property
The word “possession,” as used in forcible involved, independent of any claim of
entry and unlawful detainer cases, means ownership by any of the parties.
nothing more than physical possession, not However, where the issue of
legal possession in the sense contemplated in ownership is raise, the courts may
civil law. When the law speaks of possession, pass upon the issue of ownership in
the reference is to prior physical possession or order to determine who has the right to
possession de facto, as contra-distinguished possess the property.
from possession de jure. Only prior physical
possession, not title, is the issue. Issues as to
the right of possession or ownership thereof
are not involved in the action; evidence thereof ● · We stress, however, that this
is not admissible, except only for the purpose adjudication is only an initial
of determining the issue of possession. determination of ownership for the
purpose of settling the issue of
possession, the issue of ownership
being inseparably linked thereto. The
Ang sakit lang diha is imong docket fees na lower court’s adjudication of ownership
imong gibayaran dili na to nimo makuha mo in the ejectment case is merely
bayad kag usab og docket fees sa RTC. Kinsa provisional and would not bar or
man ng sala, sala na sa lawyer dili na sala sa prejudice an action between the same
client kay malay ba na sa client kung kinsa ang parties involving title to the property. It
court na naay jurisdiction kung kabalo pa na siya is, therefore, not conclusive as to the
wala nalang ta ka niya gi hire. issue of ownership xxx
So well you have to know the jurisdiction.

Dapat kabalo ka kung kinsa nay jurisdiction
that’s why as discussed in the case of De Grano
vs. Lacaba so also kung for example ang So just read this case of Cabrera vs. Getaruela.
imohang case is forcible entry and unlawful Just for you to know kung unsa ng mga
detainer pero ultimately kung basahon nimo ang ejectment cases for you to know nga kini sila
complaint your claiming ownership over the within the jurisdiction of the MTC so the issue
property so you want to recover ownership pero again is possession.
imong go caption lang nimo sa title kay unlawful
detainer or forcible entry dili pud na siya in reality As I said even if the issue of ownership is raised
ejectment case is actually a reivindicatory action, by the defendant maybe in an action for
action reinvidicatoria so again ang basis in ejectments when you said ejectment that is the
determing jurisdiction is the assessed value of generic term used for action interdictal, forcible
the property dili siya automatically MTC or RTC entry and unlawful detainer.
depende sa assessed value sa property.
But if it is just to determine the issue of
possession naa gihapon na siya sa jurisdiction of
the MTC and even if the MTC will touch on the
Cabrera vs. Getaruela, et. Al. issue of ownership to resolve the issue of
G.R. No. 164213, April 21, 2009 possession it will not be considered rest judicata
the lower courts adjudication of ownership in the

ejectment case is merely provisional and would
regard to technical rules. Such simplified
not barred or prejudiced an action between the
procedures may provide that affidavits and
same parties so bisag the same parties ha
counter-affidavits may be admitted in lieu of
involving title to the property so in an ejectments
oral testimony and that the periods for filing
suit forcible entry or unlawful detainer the
pleadings shall be non-extendible.
decision or the determination by the court as to
ownership is not conclusive. It will not bar as to
for determination of ownership. The rules on summary procedure is different
from the ordinary rules on civil procedure which
we will discuss starting from Rule 1 so lahi pud
ng Revised Rules on Summary Procedure they
are the rules applicable in the MTCs only and for
specific actions like an action for forcible entry
Jurisdiction if Ejectment Suit is not and unlawful detainer governed na sila by the
possible Rules on Summary Procedure but we will also
discuss the small claims kay nay mga cases
A mere ejectment suit may not be the before nga under the rules on summary
proper remedy cognizable by the MTCs in at procedure per okay covered na pud sila sa small
least two situations: claims so unsa man atong gamiton na rule.
1. The action was not brought in the
proper Municipal Trial Court within one year
from date of actual entry on the land or from
the date of last demand to vacate. Take
note that an action to recover by mere
accion interdictal prescribes in 1 year;
2. The assessed value of the property

may not be within the jurisdiction of the
MTC and the action was not brought within
one year.
Summary Procedure
Section 36. Summary procedures in special

cases. – In Metropolitan Trial Courts and
Municipal Trial Courts with at least two
branches, the Supreme Court may designate
one or more branches thereof to try exclusively
forcible entry and unlawful detainer cases,
those involving violations of traffic laws, rules
and regulations, violations of the rental law,
and such other cases requiring summary
disposition as the Supreme Court shall adopt
special rules or procedures applicable to such
cases in order to achieve an expeditious and
inexpensive determination thereof without

January 5, 2021- RECORDED LECTURE
DISCUSSION: These are applicable in MTCs, walay
00:00-07:18
summary procedure sa RTC, CA and SC.
We will only discuss the civil cases.

Summary Procedure
For NO 1. Take note that we have discussed that all
Section 36. Summary procedures in special cases of forcible entry and unlawful detainer,
cases. – In Metropolitan Trial Courts and regardless of the amount of the property claimed,
Municipal Trial Courts with at least two branches, regardless of the amount of damages, MTC GYUD
the Supreme Court may designate one or more NA SYA.
branches thereof to try exclusively forcible entry
and unlawful detainer cases, those involving Aside from that, this is covered by the RRSP,
violations of traffic laws, rules and regulations, meaning, naa pud regular procedure sa MTC na
violations of the rental law, and such other cases pareha og procedure sa RTC. But when it comes to
requiring summary disposition as the Supreme FE and UD, they are covered by the RRSP, not by
Court shall adopt special rules or procedures regular rules.
applicable to such cases in order to achieve an
expeditious and inexpensive determination For NO. 2. Take note, nausab na pud ning P10,000 na
thereof without regard to technical rules. Such threshold. We will discuss in the next slides. All other
simplified procedures may provide that affidavits civil cases at this time, P10,000 below covered by the
and counter-affidavits may be admitted in lieu of Revised Rules on Summary Procedure.
oral testimony and that the periods for filing
pleadings shall be non-extendible. For probate proceedings, dili na sya covered, even by
the regular rules. Because and probate proceedings
covered by the Rule on Special Proceedings, not Civil
DISCUSSION: Sec. 36 is the substantive law which
Procedure.
provides for the summary procedure in cases before
the MTCs. Later we will discuss the rule itself which
was promulgated by the SC pursuant to Sec. 36 BP
129. That will be the Revised Rules on Summary TAKE NOTE
Procedure. This is the basis.
Section 1. A(2) has already been amended by AM
TAKE NOTE of the cases covered. No. 02-11-09-SC, November 12, 2002, to read as
follows:
- 2. All other cases, except probate proceedings,

REVISED RULES ON SUMMARY PROCEDURE where the total amount of the plaintiff’s claim does
not exceed P100,000 or P200,000 in Metropolitan
I. Applicability. Manila, exclusive of interest and costs.
Section 1. Scope. - This shall govern the summary

procedure in the Metropolitan Trial Courts, the DISCUSSION: Kung sa Metro Manila, P200,000 or
Municipal Trial Courts in Cities, the Municipal Trial less under na sa Summary Rules; outside Metro
Courts and the Municipal Circuit Trial Courts in the Manila P100,000 or less under sa Summary Rules
following cases falling within their jurisdiction:
A. Civil Cases:
And take further note:
1. All cases of forcible entry and unlawful detainer,
Except for forcible entry and unlawful detainer
irrespective of the amount of damages or unpaid
cases which are still covered by Summary Rules,
rentals sought to be recovered. Where attorney’s
this provision is almost irrelevant because money
fees are awarded , the same shall not exceed
claims not exceeding P300,000 or P400,000 (in
P20,000.
Metro Manila) are now governed by small claims.
2. All other civil cases, except probate proceedings,
where the total amount of the plaintiff’s claim does
not exceed P10,000, exclusive of interest and costs. NOTE: Second paragraph of 1a dili na sya relevant.
Why? All these cases supposedly covered by
Summary Rules are now covered and governed by
small claims act. Lahi pud ning procedures sa small

claims, mas paspas pa gyud ni sa Summary Rules. How will we determine if the summary rules would
be applicable to the case?
Although as we said dili na relevant, still naay cases Sec. 2. Determination of applicability. — Upon the
governed gihapon by Summary Rules. Forcible Entry filing of a civil or criminal action, the court shall
or other claims na dili money claims. issue an order declaring whether or not the case
shall be governed by this Rule. A patently
Kate 7:19-14:37 erroneous determination to avoid the application
of the Rule on Summary Procedure is a ground for
Now, we focus on the Revised Rules on Summary disciplinary action.
Procedure.
When you file a case, for example a forcible entry

What are the limitations on the summary rules? case, your pleading will be just like the ordinary
pleading. The caption of the case, the heading, it's
just "Municipal Trial Court". Of course you did not
Limitation on Summary Rules put: "This is governed by the Revised Rules on
Summary Procedure". You just make an ordinary
This Rule shall not apply to a civil case where the pleading. It is already the court which will declare in
plaintiffs, cause of action is pleaded in the same the order whether or not it will be covered by the
complaint with another cause of action subject to Summary rules.
the ordinary procedure; nor to a criminal case
where the offense charged is necessarily related to A patently erroneous determination to avoid the
another criminal case subject to the ordinary application of the Rule on Summary Procedure is a
procedure. [Section 1(b), last paragraph] ground for disciplinary action, meaning disciplinary
action in the court because they will be determining
EXAMPLE: Recovery of possession which is not what rule shall be followed. If they avoid it in court,
forcible entry, or which is not unlawful detainer, it's a ground for disciplinary action and the judge may
because the elements of forcible entry are different. be held administratively liable.
The entry must be by virtue of force, intimidation,
strategy, threat, or stealth, and the case was filed
within one year from the time of dispossession or REQUIREMENTS RE: PLEADINGS
from discovery of unlawful entry if it's by stealth. If
you exceed one year, you can no longer file a case for II. Civil Cases
forcible entry but you can still file a civil action for
recovery of possession. Sec. 3. Pleadings. —
Here, the jurisdiction will depend on the assessed A. Pleadings, allowed. — The only pleadings
value of the property. If it is 20,000 or less outside allowed to be filed are the complaints, compulsory
Metro Manila, it is with the MTC, but it is governed counterclaims, and cross-claims pleaded in the
by the regular rules but not the summary rules. If the answer, and the answers thereto.
value of the property is 50,000 or less in Metro
Manila, it is still with the MTC. But again, not covered B. Verifications. — All pleadings shall be verified.
by the Summary Rules.
If aside from the recovery of possession, you still These are the only pleadings allowed:
have a cause of action governed by the Summary
● Complaints
rules, the Rules say that the summary rules will not
apply but ordinary rules and subject to ordinary a pleading where the plaintiff recites his causes of
procedure, nor to a criminal case where the offense actions; here in his complaint, he recites the
charged is necessarily related to another criminal elements of a cause of action; when you say cause of
case subject to the ordinary procedure. action, you will allege what your rights are and what
the obligations of the defendant are in relation to
your rights, and what are the violations of your right

were committed by the defendant, and what
damages you suffered are by virtue of the violation of ● Answer
your right and the relief you are seeking from the
court; that will be the content of the complaint Remember these allowed pleadings. Because there
are other pleadings when we go to the Rules of
● Compulsory counterclaims Court.
For example, the plaintiff and complainant filed the Verifications – all pleadings shall be verified.
case, the defendant is the one against whom the case Meaning under oath siya. What is a verification and
is filed and directed to answer the complaint; the how does it look like? That will be discussed in Rule 7.
defendant will file the answer, and in his answer, he But basically, under oath ang verification; you swear
will negate or refute the allegations of the plaintiff; if under oath that the facts alleged in the pleading are
the defendant feels that the case filed against him is based on personal knowledge or based on authentic
unsubstantiated, unjustified, baseless, or malicious, records (can be verified based from records; they can
he has the right to ask for damages because of the be proved).
wrongful accusation and wrongful filing of a case
against him because he was harassed, he will suffer Those are the requirements for pleadings under the
damages, he will have to hire a lawyer, the time, Revised Rules on Summary Procedure.
effort, and sleeplessness, so in that Answer, the
defendant can also allege a counterclaim; it is
"compulsory" counterclaim because there is also Revised Rules on Summary Procedure, Sec. 4.
what we call a "permissive counterclaim". Duty of court. — After the court determines that
the case falls under summary procedure, it may,
14:38 to 21:56 MESIONA from an examination of the allegations therein and
such evidence as may be attached thereto, dismiss
● Compulsory counterclaims the case outright on any of the grounds apparent
Under the Rules on Summary Procedure, only therefrom for the dismissal of a civil action. If no
compulsory counterclaims are allowed. Permissive ground for dismissal is found it shall forthwith
counterclaim is not allowed. Basically, a compulsory issue summons which shall state that the summary
counterclaim is one that is related to the complaint procedure under this Rule shall apply.
filed against you. For example, because of the
unsubstantiated complaint or baseless complaint
filed by the plaintiff, the defendant suffered
Before the court issues summons (this is the order
damages. So, those damages, which the defendant
from the court to the defendant to file his answer),
suffered, are necessarily related to the filing of the
the court will first examine the allegations in the
complaint. These are what we call compulsory
complaint if there is a basis for the outright dismissal
counterclaims; they should be claimed in the same
of the case. Kung naa, then i-dismiss and dili na i-
action.
summons si defendant, dili na siya patubagon. The
case is dismissed. But if there is no ground for
Permissive counterclaim, on the other hand, is not
dismissal, then the court shall issue summons. And in
related to the complaint. For example, naningil sa
the summons, diha na i-state sa court that the
imo og utang and then naa pud diay siya property
summary procedure shall apply in the case.
nimo na iyang gi-retain, but you also want to claim
that property by way of counterclaim. That is just
permissive. It does not arise out of the complaint Sec. 5. Answer. — Within ten (10) days from
filed by the plaintiff. So, this is not allowed under the service of summons, the defendant shall file his
Rules on Summary Procedure. answer to the complaint and serve a copy thereof
on the plaintiff. Affirmative and negative defenses
● Cross-claims pleaded in the answer not pleaded therein shall be deemed waived,
What is a cross-claim? For example, A files case except for lack of jurisdiction over the subject
against X and Y. Nitubag si X, saying “Dili ako ang matter. Cross-claims and compulsory
liable kundi si Y, the co-defendant.” So, X now also counterclaims not asserted in the answer shall be
files a cross-claim against Y. That is what we call a considered barred. The answer to counterclaims or
cross-claim, and that is allowed under the Revised cross-claims shall be filed and served within ten
Rules on Summary Procedure.

not subject to waiver, to an agreement of the parties,
(10) days from service of the answer in which they
to silence, to estoppel. Kung walay jurisdiction ang
are pleaded.
court, wala jud siyay jurisdiction. For example, the
case should have been filed before the Regional Trial
Within ten (10) days from service of summons, the Court, but you filed it before the MTC. Of course, the
defendant shall file his answer to the complaint and defendant can always raise the issue of lack of
serve a copy thereof on the plaintiff. jurisdiction of the MTC over the subject matter.
After the court issues summons to the defendant, Cross-claims and compulsory counterclaims not
either requiring the defendant to answer, there will asserted in the answer shall be considered barred.
be 10 days under the Summary Rules within which So, kung naa ka cross-claim sa imo co-defendant, or
the defendant shall file his answer to the complaint. compulsory counterclaim against the plaintiff, then
If you go beyond the 10 days, naa na siyay you should allege that in your Answer. Otherwise, in
consequence, which we will discuss in the next the middle of the case dili n aka pwede i-allow sa
sections. court to assert that anymore. The Answer is the only
opportunity to assert a cross-claim and compulsory
Unsa man buhaton ni defendant? The defendant will counterclaim.
file an answer. How does he file an answer? He will
file his answer by (1) submitting a copy first to the The answer to counterclaims or cross-claims shall be
plaintiff either by personal service or maybe by filed and served within ten (10) days from service of
registered mail. For example, you gave a copy of the the answer in which they are pleaded.
answer to the plaintiff, then the plaintiff should affix
is signature on the furnished copy of the answer.
And then (2) by filing it in court. Remember that the 21:57 – 29:15
court will not accept your answer if it does not show
any proof that a copy of it was served to the plaintiff. So, for example you are the plaintiff, you received an
answer with compulsory counterclaim filed by the
defendant. Then, you also want to answer it, kay
Affirmative and negative defenses not pleaded nagpataka lang ni si defendant. Your answer to the
therein shall be deemed waived. We will discuss counterclaim should be filed and served within 10 day
Affirmative and Negative Defenses more exhaustively also from the time you received the answer of the
when we go to the Rules of Court. Mao ni sila ang defendant.
mga possible defenses ni defendant in his answer.
Cross-claim also, so if you’re the defendant and you
received a cross-claim from the other defendant. Like
Affirmative Defenses – meaning you accept the
my example that A filed a case against X and Y and
allegations in the complaint but still you are saying then, X filed an answer with cross-claim against Y
that you are not liable. For example, it is true that I saying that, “it was actually Y that is liable and not me
have a debt, but the debt has already prescribed, (X)”. So, Y here has 10 days from service of the
meaning I will not be held liable for the payment answer to him within which to file his answer to the
thereof due to prescription. cross-claim.
We will discuss this further when we reach the Rules

Negative Defenses – meaning you are denying it. For of Court, more exhaustively. My intention here is just
example, I have no debt, nagpataka lang na siya, siya to give you an overview of the matter.
hinuon ang naay utang sa ako. Basically, you are
refuting the allegations in the complaint.
Sec. 6. Effect of failure to answer. — Should the
If those Affirmative and Negative Defenses are not
defendant fail to answer the complaint within the
pleaded in the Answer, they are deemed waived,
period above provided, the court, motu proprio, or
meaning you can no longer raise them subsequently.
on motion of the plaintiff, shall render judgment as
Wala na. Going back to the prescription example,
may be warranted by the facts alleged in the
kung wala na allege in your answer, then wala na, complaint and limited to what is prayed for therein:
you cannot allege that anymore. Provided, however, that the court may in its
discretion reduce the amount of damages and
EXCEPT for lack of jurisdiction over the subject attorney's fees claimed for being excessive or
matter. As we have discussed before, jurisdiction is otherwise unconscionable. This is without prejudice

to the applicability of Section 4, Rule 15 of the parties. — Not later than thirty (30) days after the
Rules of Court, if there are two or more last answer is filed, a preliminary conference shall
defendants. be held. The rules on pre-trial in ordinary cases
shall be applicable to the preliminary conference
unless inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the

Q: Now, what if the defendant failed to answer the
complaint? What will happen? preliminary conference shall be a cause for the
dismissal of his complaint. The defendant who
A: Section 6 says that the court, motu proprio, which appears in the absence of the plaintiff shall be
means the court on its own without any motion from entitled to judgment on his counterclaim in
the plaintiff or on motion of the plaintiff. The court may accordance with Section 6 hereof. All cross-claims
also wait if there is any motion from the plaintiff. shall be dismissed.
Q: What is that motion?

Section 7 – this presupposes that the defendant has
A: A motion that will pray for the court to render an answer. So, there was a complaint filed, the
judgment as may be warranted by the facts alleged defendant was summoned and the defendant
from the complaint and limited to what is prayed for answered. So, not later than thirty (30) days after the
therein. last answer is filed - last answer is filed meaning
kapila ba diay mag answer? For example, there are a
lot of defendants. It is possible that these defendants
For example, the complaint is for forcible entry, and
will not file their answers at the same time. So, after
the defendant did not answer. Then, the court on its
the last answer is filed, a preliminary conference shall
own or by motion of the plaintiff, the court will rule, will
be held.
decide, or render a decision. Of course, because the
defendant did not answer, the decision of the court will
be based on the facts alleged in the complaint and is Q: What is a preliminary conference?
only limited to what is prayed for in the complaint. Of
course, the court cannot go beyond prayers - the A: It is like a pre-trial.
issues raised in the complaint.
So, under the Rules on Pre-trial, you will discuss what
Provided that the court may in its discretion reduce the are the facts admitted; what are the issues; who are
amount of damages and attorney's fees claimed for the witnesses; what are the documentary
being excessive or otherwise unconscionable. So, the requirements that you must present; is there a
court cannot go beyond what is prayed for in the possibility of an amicable settlement – that is
complaint but can actually also award less than what essentially pre-trial.
is prayed for in the complaint. This is without prejudice
to the applicability of Section 4, Rule 15 of the Rules of The rules on pre-trial in ordinary cases shall be
Court, if there are two or more defendants. Because it applicable to the preliminary conference unless
is possible that defendant X filed his answer, but Y did inconsistent with the provisions of this Rule.
not file. So, what will happen? Meaning, as far as Y is
concerned, he did not file his answer. So, the court NOW, THIS IS IMPORTANT.
may rule based on the allegations in the complaint.
Q: What happens if the plaintiff fails to appear in a
Now, TAKE NOTE that in the Revised Rules of preliminary conference?
Summary Procedure there is NO DEFAULT or order
of default. Because in the ordinary/regular rules under A: It is a cause for a dismissal of his complaint.
the Rules of Court, if the defendant did not file an
answer, he can be declared in default. So, although
Q: How about if it is the defendant?
they have the same effect because if you are
defaulted the court may render judgment or require
you to present evidence if you are the plaintiff. But A: The defendant who appears in the absence of the
here, there is no default or order of default in the plaintiff shall be entitled to judgment on his
Rules of Summary Procedure, the court will counterclaim in accordance with Section 6 hereof. All
immediately render a decision based on the cross-claims shall be dismissed.
allegations raised in the complaint.
So, again the scenario is that the plaintiff is absent, but
the defendant is present. So, the court will dismiss the
complaint of the plaintiff.
Sec. 7. Preliminary conference; appearance of

It is okay if the defendant has no counter-claim, the accordance with Section 6 hereof.
case is already closed.
So ang effect ana kay pareho lang gihapon sa
Q: But what if the defendant has counterclaim? defendant na wala nag file ug answer. Even if
Should the court dismiss the counterclaim of the you file an answer but you failed to appear
defendant because the plaintiff did not appear?
during the preliminary conference, the plaintiff
shall be entitled to judgment.
A: No, that would not be fair. So, what will happen if
there is a counterclaim from the defendant, he shall be
entitled to a judgment on his counterclaim in This Rule shall not apply where one of two or
accordance with Section 6. more defendants sued under a common cause of
action who had pleaded a common defense shall
29:16-36:34 appear at the preliminary conference.
Meaning, the court will read the allegations in the The same as we have discussed before, for
counterclaim of the defendant. Base from that, example, common ang defenses ni X and Y, the
the court will render judgment on the two defendants in the case filed by A, even if Y
counterclaim. failed to appear during the preliminary
conference, the court cannot directly render a
The rule in cross-claim is different. All cross- judgment because X appeared. The court cannot
claims should be dismissed. Because here, the render a judgment against Y because it will also
basis of the cross-claim is the existence of the affect X because they are sued under a common
complaint. Kung ma dismiss ang complaint, wala cause of action. So, the court will proceed with
nay basis ang cross-claim. the case. The court cannot yet render a
judgment even if one of the defendants does not
For example: appear during the preliminary conference
because there is a common defense between
A filed a case against X and Y for collection. the two defendants. The court has to hear what
There are two defendants. Now, X, in his the defendants have to say and trial shall
answer, interposes a cross-claim against Y, X proceed.
says na tinuod nan aa jud utang pero dili ako ang
liable kundi si Y.
Sec. 8. Record of preliminary conference.
Now, if the complaint of A is dismissed because — Within five (5) days after the termination of
he failed to appear in the preliminary conference.
Unsa pa ang basis sa cross-claim ni X against the preliminary conference, the court shall
Y? Ngano pabayaron pa man ni X si Y didto kay issue an order stating the matters taken up
A if in the first place, A’s complaint was already therein, including but not limited to:
dismissed? So, all cross-claims shall be – (a) Whether the parties have
dismissed. However, ang counterclaim, pwede arrived at an amicable settlement, and
gihapon mag proceed. if so, the terms thereof;
– (b) The stipulations or admissions
entered into by the parties;
If a sole defendant shall fail to appear, the – (c) Whether, on the basis of the
plaintiff shall be entitled to judgment in pleadings and the stipulations and
accordance with Section 6 hereof. This Rule admissions made by the parties,
shall not apply where one of two or more judgment may be rendered without the
defendants sued under a common cause of need of further proceedings, in which
action who had pleaded a common defense event the judgment shall be rendered
shall appear at the preliminary conference. within thirty (30) days from issuance of
the order;
What if the defendant is the one who failed to – (d) A clear specification of material
appear during the preliminary conference? facts which remain controverted; and
What is the consequence? – (e) Such other matters intended to
expedite the disposition of the case.
The plaintiff shall be entitled to judgment in

Discussion: This is just an order issued by the witnesses.
court summarizing what happened during the
preliminary conference. The court will state what 36:35-43:53
are the matters taken up. (a)-(e) are the contents
of the record of preliminary conference. So, kanang affidavit of witnesses mao na na siya
ang statement as to the factual issues involved.
MAIN FEATURE OF SUMMARY RULES Documents. If naa pud kay documents such as
mga certifications and contracts that need to be
attached, i-attach pud nimo na siya sa imuhang
position paper. So, that is how you comply with
Sec. 9. Submission of affidavits and this rule which is the submission of affidavits and
position papers. — Within ten (10) days from position papers.
receipt of the order mentioned in the next
preceding section, the parties shall submit the
Sec. 10. Rendition of judgment. - Within
affidavits of their witnesses and other evidence thirty (30) days after the receipt of the last
on the factual issues defined in the order, affidavits and position papers, or the expiration
together with their position papers setting forth of the period for filing the same, the court shall
the law and the facts relied upon by them. render judgment.
Discussion: When the case is covered by the DISCUSSION: So, mas paspas siy diba kay
summary rules, there is no full-blown trial unlike position papers lang and affidavits and then,
in ordinary cases. decision dayon.
What will you do?

Continuation of Sec. 10
In summary rules, you will submit a position
paper. A position paper is like a complaint with a
However should the court find it necessary to
heading and a caption. But in position paper, you
clarify certain material facts, it may, during the
have to state that you have timely submitted the
said period, issue an order specifying the
position paper, 10 days from the receipt of the
matters to be clarified, and require the parties
order requiring you to submit position paper. You
to submit affidavits or other evidence on the
also have to state the facts of the case; the
said matters within ten (10) days from receipt
statement of the case; the summary of the case
of said order.
from the filing of the case until the issuance of
the order requiring the parties to submit position
papers; the issues involve; the arguments or DISCUSSION: So, kung kulangan pa ang court,
your discussion. Mao na siya ang itsura sa pwede siya magrequire ug additional affidavits of
position paper. document.
But of course, in your position paper, you have

factual issues and not only legal issues. Continuation of Sec. 10
Sometimes, even the legal issues would also
depend on the factual issues kay kung wala mo Judgment shall be rendered within fifteen (15)
nagkasinabot unsa ang state of facts so you days after the receipt of the last clarificatory
have to prove pa kung unsa ang state of facts. affidavits, or the expiration of the period for
Based on the state of facts which were proved, filing the same.
diha pa ta mag interpret kung unsa ang
applicable law. Unlike kung walay contest or DISCUSSION: For example, walay gi file ang
issue as to the facts, so legal lang tanan atong party required.
mga arguments.
If there are factual issues involved, how can we Continuation of Sec. 10

prove the factual issues na dili man kaya full-
blown trial? We don’t have direct examination, The court shall not resort to the clarificatory
cross-examination. That is when your position procedure to gain time for the rendition of the
paper should be supported by affidavits of judgment. XXX

DISCUSSION: Mag-atik-atik lang si court na sige DISCUSSION: So, kaning motion to dismiss mao
magclarificatory pa ta when in fact di pa diay siya ni siya sa civil case.
ready na magrender of judgment within 30 days.
So, that is also a ground for disciplinary action. Motion to Quash. This refers to a criminal case.
So, generally, when the defendant receives the

COMMON PROVISION
summon from the court requiring him to file his
answer, dapat magfile siya ug answer. He
Sec. 18. Referral to Lupon. — Cases
cannot file a motion to dismiss because that is
requiring referral to the Lupon for conciliation
not allowed. Unless, if the ground for motion to
under the provisions of Presidential Decree
dismiss, as we discussed, is lack of jurisdiction
No. 1508 where there is no showing of
over the subject matter because this is not
compliance with such requirement, shall be
subject to waiver, to estoppel, to silence ,or
dismissed without prejudice and may be
failure to comply with the preceding section
revived only after such requirement shall have
katong referral to the lupon for that is also a
been complied with. This provision shall not
ground for the dismissal of the case. Pwede ka
apply to criminal cases where the accused
magmotion to dismiss based on that ground.
was arrested without a warrant.
DISCUSSION: There’s a common provision and

this also applies in ordinary procedure in the
(b) Motion for a bill of particulars;
regular procedure.
Referral to Lupon. There are case man gud (I DISCUSSION: You cannot file a motion for a bill
don’t know if you discuss this in your criminal of particulars. This will also be discussed in the
procedure kay naa man pud criminal cases na Rules of Court.
covered by the barangay conciliation) so naay
mga civil cases na before you can file them in Question: Unsa man nang bill of particulars?
court dapat ni agi sa ka ug barangay conciliation
and you have to attach to your complaint Answer: Basically, kung ikaw si defendant and
application to file action. So, kung walay ing-ana, then you are require to file your answer pero
walay certification to file an action because there naay matters in the complaint na dili klaro.
was no prior referral of case to the lupon, it’s a Although, naay sufficient allegation of a cause of
ground for the dismissal of the case. action in the complaint pero naay details na dili
ka katubag ug tarong kung dili nimo to ma clarify
But the dismissal is without prejudice meaning so, kana ang motion for a bill of particulars.
pwede pa na siya ma revive kung makita na You’re just asking the plaintiff to make more
nagcomply na ka sa requirement for barangay particular or certain the allegations in the
conciliation. We will discuss this also when we complaint. Klaruhon lang niya kung unsa tong
go to the regular rules because this is actually a iyahang allegations in the complaint.
defense for failure to comply with the condition
precedent. It’s an affirmative defense. Again, just But that is not allowed under the Rules of
understand kung unsa ng prior referral to the Summary Procedure kay makadugay ni siya sa
Lupon. kaso. Summary meaning mas paspas to
expedite the resolution of the case. So, bawal ni
Sec. 19. Prohibited pleadings and motions. siya nga mga motions.
— The following pleadings, motions or
petitions shall not be allowed in the cases (c) Motion for new trial, or for
covered by this Rule reconsideration of a judgment, or for
opening of trial;
(a) Motion to dismiss the complaint or to
quash the complaint or information except
on the ground of lack of jurisdiction over DISCUSSION: Here, kung nagrender na ug
the subject matter, or failure to comply with judgment si court in a case which is covered by
the preceding section; the Revised Rules on Summary Procedure and
you are not contented or happy and aggrieved by
that decision, you cannot file a motion for new

trial, or you cannot file a motion for opportunity. Expose him when there is no more
reconsideration or for opening of trial. What can opportunity for him to rectify his mistake.
you do is to file an appeal. You appeal because
this is your remedy.
Daghan na biktima aning letter c. May na lang

(d) Petition for relief from judgement;
kay nakabasa jud ta ug Revised Rules on
Summary Procedure. I have three cases already
na na paspas jud taman ang ano resolution sa Petition for relief from judgment is a remedy
amoang case. Kasagaran defendant pud ko and where the decision is already final but because
naa pud toy plaintiff ko. of, for example, extrinsic fraud - wala ka
nakabalo na naay decision against you tas
Here, in those two cases na defendant akong naging final na sya. Here, you can file a petition
client, na daog mi…... for relief of judgment - ordinarily. But that is not
allowed in the Revised Rules on Summary
43:54-51:12 Procedure.
*Chika ni mam
.. And then the lawyer for the plaintiff (sa forcible

entry case), filed a motion for reconsideration of (e) Motion for extension of time to file
the decision of the court but it is actually a pleadings, affidavits or any other paper;
prohibited pleading - bawal na sya. So, kabalo
ko kay I received a copy of the motion for
reconsideration. And kabalo pud ko na bawal tu
sya. But I did not file any opposition yet or
comment to the motion. (f) Memoranda;
*Dili pud allowed sa Revised Rules on SP kay

what you file is a position paper
Why? Because gusto nako na mag lapse iyang
period to appeal - because he has 15 days to
appeal, supposedly. For example, nag
comment2 ko didto na “This motion for
reconsideration is a prohibited pleading.” Unya (g) Petition for certiorari, mandamus, or
nareceive sa plaintiff akon comment 5 days prohibition against any interlocutory order
palang from the time he received the decision of issued by the court;
the court, so pwede pa sya mag file ug appeal
diba?
Dili pud pwede pero, for example, kung mali
gyud diay tung interlocutory order nga gi-issue ni
court, what is your remedy? Well, you have to
wait until the court renders a decision in the
So muhulat sa ko na mu lapse ang 15 days and case. And if you are still aggrieved by the
then didto pa ko muingon na, “Bawal man na decision, you file an appeal and you include in
sya!” your appeal you issue against that interlocutory
order.
In that case, wala na syay mabuhat kay iyang

period to appeal has already lapsed. So dili na
sya maka appeal and the decision is now final (h) Motion to declare the defendant in
and executory. default;
*Bawal sya, again. Kay there is no default order

under the Summary Rules.
Advise: Dili maging over excited to expose the
error of your opponent. Paghulat ug proper

What will happen if the defendant fails to file an
A violation of this requirement may subject the
answer? The court would just render a judgment
party or the counsel who submits the same to
based on the allegations in the complaint.
disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion
thereof from the record.
(i) Dilatory motions for postponement;
Dilatory motions - intended for delay Diba we discussed na under the Rules on
Summary Procedure, ang isubmit lang kay
position paper ug affidavits.
So kung naa gyud kay reason nganong dili ka

maka appear sa trial or preliminary conference,
kay halimbawa gi operahan ka, that is not “ . .. shall state only facts of direct personal
dilatory motion - hence, allowed. knowledge of the affiants which are admissible in
evidence, and shall show their competence to
testify to the matters stated therein.”
(j) Reply;
Meaning, kabalo jud ka - dili na nadunggan ra
*Although a pleading, reply is not allowed nimo saimong silingan na nadunggan rapid nya
saiyang silingan. Kanag mga hearsay ba, dili na
pwede. Based lang jud dapat saimong personal
knowledge.
(k) Third Party Complaints;
*Another pleading na bawal “. .. which are admissible in evidence.”
- You cannot also attest in your affidavit

matters which are covered under the
Rules on Privileged Communication.
(l) Interventions;
For example, doctor ka, and you are also a
witness in the case, although kabalo ka unsay
result saimong examination on that patient, naa
**Will be discussed further on the Rules on Court kay personal knowledge but you cannot divulge
that because that is covered under the Rule on
Privileged Communication. And of course, karon,
mas bawal sya kay we have the Data Privacy
Act. You are not competent to testify on that.
Note: Ang allowed lang na pleading kay
complaint, answer, and compulsory counterclaim
or cross-claim interposed in the answer.
Only when you have personal knowledge and
you are competent to testify.
Sec. 20. Affidavits. - The affidavits required to

be submitted under this Rule shall state only
facts of direct personal knowledge of the “A violation of this requirement may subject the
affiants which are admissible in evidence, and party or the counsel who submits the same to
shall show their competence to testify to the disciplinary action, and shall be cause to
matters stated therein. expunge the inadmissible affidavit or portion
thereof from the record.

“ Where? To the RTC. Here, please remember
ang important here:
- The affidavit itself can be expunged.
Meaning, kuhaon sya sa record or For example, from the MTC, a forcible entry or
maybe a portion lang kay dili tannan
unlawful detainer case covered by the Revised
didto kay inadmissible, naa lang certain
portions - pwede na portions lang ang i- Rules on Summary Procedure, napildi si
expunge from the records. defendant, so ni-appeal sila sa RTC, pildi
gihapon sa RTC. The Rule says that the decision
Unsang klase na affidavits atong buhaton diri? of the RTC in cases covered by the Revised
Should it be in the form of a judicial affidavit? Or Rules on Summary Procedure shall be
can it be just in the form of an ordinary affidavit? immediately executory even if nag-appeal pa
ka further sa court of appeals. Pwede na na
ma execute ang decision. So if you are the
Actually, it can be in the form of an ordinary defendant, pwede na ka pahawaon didto sa
affidavit kay ang judicial affidavit man gud, form premises.
na sya of a direct testimony.
That’s the beauty of a case covered by the
Revised Rules on Summary Procedure kay for
example ha, kung dili siya forcible entry, so dili
Again, on the Rules on Summary Procedure, sya covered by the Revised Rules, kay more
wala tay direct examination, cross, redirect,
than one year naka nag demand, so it’s just a
recross.
case for recovery of possession. Now, pareha
gihapon na naa’y decision si MTC, for example
ang value sa property is P20,000 or less so MTC
Pero kung gusto ka na in the form of judicial gihapon ang jurisdiction. But dili siya Revised
affidavit, walay problema. But there will be no Rules on Summary Procedure, covered siya by
cross examination. It will just be that affidavit nga the Ordinary Rules. So naa’y trial. Mas dugay na
imong i-attach saimong position paper. siya kay naa pa’y trial, you have to follow all the
procedures involved in a full-blown trial, and then
napildi si defendant, so appeal si defendant didto
sa RTC. Pildi napud siya sa RTC, appeal napud
siya sa CA. If it is not covered by the Rules on
51:13 to 58:31 Summary Proceedings, di siya immediately
executory.
Sec. 21. Appeal. – The judgment or final order

shall be appealable to the appropriate regional
trial court which shall decide the same in So dili dali ang process. Kung ikaw si plaintiff, dili
accordance with Section 22 of Bata Pambansa pa siya sweet victory for you na napildi gihapon
Blg. 129. The decision of the regional trial si defendant sa RTC. Kaya pag appeal niya sa
court in civil cases governed by this Rule, CA, dili gihapon ka-execute, because it is still
including forcible entry and unlawful detainer, pending appeal and not immediately
shall be immediately executory, without executory. Pwede discretionary sa court ang
prejudice to a further appeal that may be taken pag execute but it’s not a matter of right.
therefrom. Section 10 of Rule 70 shall be
deemed repealed. So in Section 21 of the Revised Rules on
Summary Procedure says that, the judgment or
final order shall be appealable to the appropriate
After the judgment or final order of the MTC, in a
RTC which shall decide the same in accordance
case covered by the Revised Rules on Summary
with Section 22 of BP Blg. 129. So this is Section
Procedure, the aggrieved party can appeal.
22:

Remember that all these cases are within the
jurisdiction of the MTC. Also cases covered by
the Revised Rules on Summary Procedure, MTC
What is this Section 22 of BP 129 again?
gihapon na siya. But they follow a different
Section 22. Appellate jurisdiction. – Regional procedure. With the advent of this Small Claims
Trial Courts shall exercise appellate Act, kani na mga cases, under gihapon sila sa
jurisdiction over all cases decided by jurisdiction of the MTC, pero i-follow nato ang
Metropolitan Trial Courts, Municipal Trial procedure for small claims, dili ang Ordinary
Courts, and Municipal Circuit Trial Courts in Procedure ug dili ang Revised Rules on
their respective territorial jurisdictions. Such Summary Procedure.
cases shall be decided on the basis of the
Now, nag-overlap ni actually, because the cases
entire record of the proceedings had in the
covered by the small claims act were also
court of origin and such memoranda and/or
previousl covered by the Revised Rules on
briefs as may be submitted by the parties or
Summary Procedure. But mag prevail na karon
required by the Regional Trial Courts. The
ang Small Claims Act. So all those cases na
decision of the Regional Trial Courts in such
supposedly covered by the Revised Rules on
cases shall be appealable by petition for
Summary Procedure, covered na sila sa Small
review to the Court of Appeals (Rule 42) which
Claims Act, ang procedure na atong i-follow
may give it due course only when the petition
would be the Rules of Procedure for Small
shows prima facie that the lower court has
Claims Cases. So again Section 2 says:
committed an error of fact or law that will
warrant a reversal or modification of the
decision or judgment sought to be reviewed.
This refers to the appellate jurisdiction of the Rule of Procedure for Small Claims Cases
RTC which we already discussed in the
(took effect March 18, 2010)
jurisdiction of the RTC. (Please read provision
above). So mao ni siya ang basis.
SEC. 2. Scope.– This Rule shall govern the
procedure in actions before the Metropolitan
Trial Courts (MeTCs), Municipal Trial Courts in
Cities (MTCCs), Municipal Trial Courts (MTCs)
Sec. 22. Applicability of the regular rules. — and Municipal Circuit Trial Courts (MCTCs) for
The regular procedure prescribed in the Rules payment of money where the value of the
of Court shall apply to the special cases herein claim does not exceed One Hundred
provided for in a suppletory capacity insofar as Thousand Pesos (P100,000.00) exclusive of
they are not inconsistent herewith. interest and costs.
Sec. 23. Effectivity. — This revised Rule on

Summary Procedure shall be effective on
November 15, 1991
So mao ni siya ang first na parameter sa Small
Claims Act. Katong pag take effect niya in March
Are the regular rules applicable? Of course, 18, 2010. If the value does not exceed P100,000,
general rule, no. These shall apply to the special covered siya under the Rules of Procedure for
cases provided for in a suppletory capacity Small Claims Clases. Exclusvie of interests and
insofar as they are not inconsistent herewith. costs, kato lang principal.
So that would be all for the Revised Rules on
Summary Procedure. Now let’s go to the Rule of So we have this provision on Joinder of Claims.
Procedure for Small Claims Cases. Meaning, ikaw si plaintiff, daghan ka’g
complaints against this particular person, daghan

siya’g utang sa imoha, which he may have for MTC within Metro Manila and outside of
contracted on several but different dates. Metro Manila. Pagdiha ka na amount, small
claims ka.
As to joinder of claims:
SEC. 6. Joinder of Claims.– Plaintiff may join
in a single statement of claim one or more
separate small claims against a defendant
provided that the total amount claimed,
Section 8. Joinder of Claims. - Plaintiff may
exclusive of interest and costs, does not
join in a single statement of claim one or more
exceed One Hundred Thousand Pesos
separate small claims against a defendant
(P100,000.00).
Pwede lang gihapon siya basta di ka mu exceed exceed 200,000.
ug P100,000. Actually, joinder of cause of action
will also be discussed under the Rules of Court.
Notes Of course, under the Revised Rules also in AM

08-8-7-SC. Even sa joinder or claims ni increase
Before the concept of small claims was pud iyang parameter nahimo pud siyang does
introduced in our court system, the Revised not exceed 200,000 pesos.
Rule on Summary Procedure applied to money
claims not exceeding P100,000 in first level
courts (MTCs) outside Metro Manila and
P200,000i n first level courts (MTCs) within
Metro Manila, otherwise known as the
Metropolitan Trial Courts.
Now, on February 1, 2016, Administrative Matter

No. 08-8-7-SC became effective…
BOLO 58:32-1:05:50
Now, on February 1, 2016 Administrative Matter

No. 08-8-7-SC, came effective which increased
the parameter under the small claims act so
before diba, not exceeding 100,000 pesos
gireform to siya whether within Metro Manila or
outside Metro Manila sa small claims before
gireform siya not exceeding 100,000 pesos.
Now under this rule again na 2016, ni increase

siya, nahimo siyang 200,000 pesos below, both

Then, as announced by OCA Circular No. 165- Finally, as announced by OCA Circular No. 45-
2018, effective August 1, 2018, Section 2 and 2019, effective April 1, 2019, Sections 2 and 8;
8, were amended again. were amended again.
Section 2. Scope. - These Rules shall govern Section 2. Scope. - These Rules shall govern
the procedure in actions before the the procedure in actions before the
Metropolitan Trial Courts (MeTCs), Municipal Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial Trial Courts in Cities (MTCCs), Municipal Trial
Courts (MTCs) and Municipal Circuit Trial Courts (MTCs) and Municipal Circuit Trial
Courts (MCTCs) for payment of money where Courts (MCTCs) for payment of money where
the value of the claim does not exceed the value of the claim does not exceed the
300,000 pesos exclusive of interest and costs. jurisdictional amount of these courts under RA
No. 7691 (400,000 pesos) for the MeTCs and
(300,000 pesos) for the MTCCs, MTCs and
MCTCs, exclusive of interest and costs.
Section 8. Joinder of Claims. - Plaintiff may
join in a single statement of claim one or more
separate small claims against defendant
exceed 300,000 pesos.
Nanotice nimo noh na unlike katong sa
jurisdictional amounts sa BP 129 and sa Revised
Rules of Summary Procedure na lahi ang
amounts/thresholds sa courts withing Metro
Manila and outside Metro Manila. Sa small
claims, pareho lang sila, uniform. So, in OCA
Circular No. 45-2019, effective April 1, 2019.
Then under OCA Circular No. 165-2018 effective Sections 2 and 8 were again amended. This time
August 1, 2018. Sections 2 and 8 of the Rules on gireflect na nila ang usual disparity sa usual
Small Claims were also amended again so parameters between the courts in Metro Manila
gihimo na siyang 300,000 pesos ang maximum and courts outside Metro Manila.
both for Metropolitan Manila Area and outside
the Metropolitan Manila Area. 300,000 pesos
uniform. Also, for joinder as we discussed
already. Even if ijoin nimo imong claims against So, karon please remember under the Small
one defendant for example, as long as the total Claim Act, money claims within Metro Manila ang
amount of claim does not exceed 300,000 pesos threshold is 400,000 pesos and below kung dili
exclusive of interest and costs. ka mag exceed 400,000 pesos, imong money
claim, it would be covered by the Small Claims
Act and governed by the rules on Small Claims
Cases within Metro Manila. Pero outside Metro
Manila, it is still 300,000 pesos.
So, pareho na siya sa katong jurisdictional

amounts pud diba kay ang money claims pg not
exceeding 300,000 pesos ang jurisdiction there
is MTC outside Manila. So, if you are in the
Metropolitan Area, if your money claim does not

exceed 400,000 pesos, the jurisdiction of that claims act and therefore must be governed by
would be MTC. But now please remember in the Rules of Procedure on Small Claims.
addition sa jurisdiction. Ang procedure na mag
govern the Rule on Small Claim Cases na if you
are talking about money claims.
So, again MTCs in all actions which are:
Section 8. Joinder of Claims. - Plaintiff may a) purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or
join in a single statement of claim one or more reimbursement of sum of money and;
separate small claims against defendant
provided that the total amount claimed, (b) the civil aspect of criminal action, or reserved
exclusive of interest and costs, does not upon the filing of the criminal action in court,
exceed the jurisdictional amount of the pursuant to Rule 111 of the Revised Rules of
concerned court under RA No. 7691 (400,000 Criminal Procedure.
pesos) for the MeTCs and (300,000 pesos) for
the MTCCs, MTCs, MCTC.
These claims or demands may be:
(a) For money owed under any of the

following:
Just read this. It also applies in cases of joinders 1. Contract of Lease;
of claim. Again, the same parameters in so far
the amounts concerned 300,000 pesos or less 2. Contract of Loan;
for outside Metro Manila and not exceeding 3. Contract of Services;
400,000 pesos for Metro Manila Areas. 4. Contract of Sale;
5. Contract of Mortgage;
What are these small claims?
Section 5. Applicability. - The Metropolitan

Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit (b) For damages arising from any of the
Trial Courts shall apply this Rule in all actions following:
that are (a) purely civil in nature where the
1.) Fault or negligence
claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of sum of
2.) Quasi-contract
money and (b) the civil aspect of criminal
action, or reserved upon the filing of the 3.) Contract
criminal action in court, pursuant to Rule 111
of the Revised Rules of Criminal Procedure.
(c) The enforcement of a barangay amicable

settlement or an arbitration award involving a
money claim covered by this Rule pursuant to
Sec 417 of Republic Act 7160, otherwise
Now, let’s go more specifically what are these known as the Local Government Code of
small claims? Which are covered by the small 1991.

Now, with the presence of the ordinary rules, the
revised rules on summary procedure, and then
the rules on small claims cases. You might be
confused nog kung unsa ba gyud. How do we
Like for example naa moy Amicable Settlement know? Basig ma overlook nato na kani diay siya
sa Barangay and then nagkasabot namo and kay small claims or dapat regular.
then gusto ipa-enforce. You do that. That will be
governed by the Rules on Small Claims Cases.
So we have here the summary noh of all those

cases within the jurisdiction of the MTC and
CASES WITHIN THE JURISDICTION OF THE whether they are governed by the small claims,
MTC summary rules or regular rules.
So, civil actions where the amount of the

CASE Governed by demand does not exceed 300,000 pesos or
400,000 in Metro Manila. 300,000 pesos outside
Metro Manila or 400,000 pesos in Metro Manila.
So, this will be governed by the rule on Small
Civil actions where the RULES ON SMALL Claims okay, money claims.
amount of the demand CLAIMS
does not exceed
300,000 pesos or
400,000 in Metro Manila. Civil actions where the value of the personal
property does not exceed 300,000 pesos or
400,000 pesos in Metro Manila (example:
Civil actions where the SUMMARY RULES Replevin).
value of the personal if value does not
property does not exceed 100,000
exceed 300,000 pesos pesos or 200,000
or 400,000 pesos in pesos. In excess, Kani siya ha we are not talking about money
Metro Manila (example: apply REGULAR claims but recovery of personal property diba we
Replevin). RULES. base on the value of the personal property.
Cases of forcible SUMMARY RULES

entry/unlawful detainer. KHAYZEE 1:05:51-1:13:07
The revised rules in summary procedure, and

Probate proceedings REGULAR RULES then the rules on small claims cases.
where the value of the or the RULES ON
estate does not exceed SPECIAL You might be confused noh kung unsa ba gyud.
300,000 or 400,000 in PROCEEDINGS to How do we know? Kay, because basig ma
Metro Manila. be specific overlook nato na kani diay siya is small claims or
dapat regular.
Real actions where REGULAR RULES CASE GOVERNED BY

assessed value does
does not exceed 20,000 Civil actions where Rule on Small Claims
pesos or 50,000 pesos the amount does not
in Metro Manila. exceed P300,000 or
P400,000 in Metro

it will be governed by the rules on special
Manila
proceedings. The actions where the assessed
value does not exceed 220,000, outside Metro
Civil Actions where Summary Rules if
Manila or 50,000 in Metro Manila.
the value of the value does not
personal property exceed P100,000 or
So these actions are not the ones which are
does not exceed P200,000. In excess,
categorized as forcible entry or unlawful detainer
P300,000 or apply regular rules
cases, it will be governed by the, these actions
P400,000 in Metro
will be governed by the regular rules. So para
Manila (example:
nato mahibalan kung summary rules, small
replevin)
claims, regular, and first natong i evaluate is
Cases of forcible Summary rules
covered ba ni sila, sa small claims. Kung dili
entry or unlawful
covered, covered ba ni sa, revised rules and
detainer
summary procedure, dili covered regular rules.
Probate proceedings Regular rules or the So it's a process of elimination.
where the value of teh rules on special
estate does not proceedings Now, unlike in the revised rules and summary
exceed P300,000 or procedure, walay pleadings involved in small
P400,000 in Metro claims cases, there's just they're just forms noh,
Manila na you, ano, you procure them from the court. So
you just fill out those forms.
Okay, so we have here the summary of all those

cases within the jurisdiction of the MTC and Section of the Rules of Procedure for Small
whether they are governed by the Small Claims Claims cases states that:
or summary rules or regular rules.
Section 23. Decision - After the hearing, the
court shall render its decision on the same
day, based on the facts established by the
evidence (Form 13-SSC) The decision shall
Okay, so civil actions where the amount of the
immediately be entered by the Clerk of Court
demand does not exceed 300,000, or 400,000, in
in the court docket for civil cases and a copy
Metro Manila, so there are 1000, outside Metro
thereof forthwith served on the parties.
Manila, or 400,000 in Metro Manila. So, this will
be governed by the rule on small claims, kay,
The decision shall be final and unappealable.
money claims, civil actions where the value of
the personal property does not exceed 300,000
pesos or 400,000 pesos in Metro Manila.
Kay, kani siya ha we're not talking here money

claims, but recovery of personal property, diba it And then remember under Section 23, after the
will be based on the value of the personal hearing, the court shall render its decision in the
property. Now, of course dapat pag 300 or less same day, based on the facts established by the
outside Metro Manila, of course, MDC also for evidence, kay one day lang, paspas kaayo. The
400,000 or less in Metro Manila, empties decision should immediately be entered by the
example of that case will be ang ma govern here clerk of court in the court docket for civil cases in
would be the summary rules. If the value does a copy thereof, served under parties, the
not exceed 100,000, or 200,000. in excess, we decision shall be final and unappealable.
apply the regular rules, why not the Small Claims
because it's not a money claim. Final you cannot appeal. Now, what if you are
the aggrieved party and you are not happy with
Okay, cases of forcible entry and lawful detainer the decision of the small claims court? Do you
are clearly summary rules, regardless of the have any remedy? final naman, unappealable.
value of the property, probate proceedings where even if it is final, unappealable does not mean
the value of the estate does not exceed 300,000, you don't have any other remedy where in other
outside Metro Manila or 400,000 in Metro Manila, cases where appeal is not an available remedy.

Let's just summarize the distinctions between the
rousson summary procedure and the small
piece. So I saw that jurisdictional parameter.
REMEDY
Nevertheless, the proscription on appeals in
small claims, similar to other proceedings
where appeal is not an available remedy, does
not preclude the aggrieved party from filing a
petition for certiorari under Rule 65 of the
Rules of Court. (AL ang Network Inc vs
Mondejar Gr no 200804 January 23, 2014)
SUMMARY SMALL
Where? RTC PROCEDURE CLAIMS
Jurisdictional The total amount of Tgr value of the

parameter plaintiff’s claim claim does not
does not exceed exceed P300,000
The aggrieved party can actually file an original P100,000 or or P400,000
P200,000 in Metro exclusive of
action for certiorari and rule 65 of the rules of Manila, exclusive of interests or cost
court if there is grave abuse of discretion, interests and cost
amounting to lack or excess of jurisdiction.
Appeal The decision is Because the
appealable to the decision is final
This was also discussed in the case of A.L ang RTC under Section and appealable,
network incorporated versus manejar. case. So 22 of BP 129 the remedy is
certiorari under rule 65. Now where diba ang rule Rule 65 petition
65 is within the concurrent jurisdiction of the for certiorari
before the RTC
RTC, the Court of Appeals and the Supreme
Court, but again, following the doctrine of Applicability Applies to both civil Applies only to
hierarchy of courts, you file that before the and criminal cases claims that are
Regional Trial Court. civil in nature
Parties A lawyer may A lawyer may not

Allowed appear and appeal unless he
represent a litigant himself is a party
litigant
Considering the final nature of a small claims
case decision under the above-stated rule, the Representativ A litigant may Appearance
remedy of appeal is not allowed and the e choose not to through a
prevailing party may, thus immediately move personally appear representative,
for execution and instead be who must not be
represented by a lawyer, and
another person by must be related to
way of Special or next-of-kin of
Power of Attorney the individual
party, must be for
Of course, because the decision is final and valid cause
unappealable, even if you file a petition for
Main feature The use of The use of forms
certiorari, but because it is already final, you can affidavits as as substitutes for
if you are the prevailing party, you can substitutes for pleadings for the
immediately move for the execution of the testimony and purpose of
decision. Now what if the aggrieved party files a position papers, avoiding costs
aimed at speedy and resolving a
petition for certiorari before the Regional Trial resolution of a case small claim as
Court will state execution. No, it will not stay, expeditiously as
'kay. possible
Unless, of course, the party who filed the action

for certiorari secures a temporary restraining
order or injunction. kana must be or otherwise
the mere filing of the petition for certiorari will not
stay. the final, the execution of the final and
executory decision of the small claims court. In summary procedure, the total amount of the
plaintiffs claim does not exceed 100,000 or

200,000. In Metro Manila, exclusive of interest
and costs. For small claims, the value of that lien
does not exceed 300,000 or 400,000.
Exclusive of interest and cost. as to appeal.

decisions of the MPC covered by in cases
covered by the summary procedure are
appealable to the RTC under Section 22 of the
(???) one to nine. For cases covered by the
Small Claims rule, the decision is final and
appealable.
Therefore there is no appeal noh. 'kay the

remedy is a (??) petition for certiorari before the
RTC now as to the applicability to civil and
criminal cases. In summary procedure this can
apply to both civil and criminal cases. But Small
Claims is the rule on small claims applies only to
claims that are purely civil in nature and to the
civil aspect of a criminal action. Now as so the
party is allowed in under the rules in summary
procedure, a lawyer may appear and represent
litigant. 'kay but in small claims a lawyer is not
allowed, unless he himself is the party litigant
Bawal ang lawyer sa small claims.
Now as to the representative, pwede ba mag

appoint ng representative ang litigant under the
rules in summary procedure, a litigant may
choose not to personally appear and instead be
represented by any other person by way of a
special power of attorney. Under the rule the
Small Claims appearance through a
representative who must not be a lawyer and
must be related to or next of kin of the individual
party and must be for a valid code. So daghan
requirements before you can appoint a
representative
Unlike sa summary procedure na walay

requisites walay qualifications kung kinsa man
na siya ang gusto nimong i appoint. but under
the small claims act, naay qualifications, the
main features under the rules and summary
procedure again, we have of course there are
pleadings, but they subsequently use affidavits
and position papers. 'kay as substitutes for
testimony. Whereas sa small claims ang main
feature here is the use of forms as substitutes for
pleadings. And the purpose here is to avoid
costs and to resolve a small claim as
expeditiously as possible.

January 6, 2021 - ZOOM LECTURE
RULE 1 – GENERAL PROVISIONS
Part 1
Section 1. Title of the Rules. — These Rule shall
0:00-05:37 be known and cited as the Rules of Court.
Section 2. In what courts applicable. — These

Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court.
“Except as otherwise provided by the Supreme

Court”
The general applicability of the Rules is pursuant to

Article 5(5) of the Constitution which mandates that
the procedural rules to be promulgated by the
Supreme Court “shall be uniform for all courts of the
same grade.” EXCEPTIONS to this general
applicability are the following:
1. The Revised Rules on Summary

Procedure;
2. The Rule of Procedure for Small Claims
Cases;
3. The Rule on Examination of Child
Witnesses; and
4. The cases enumerated in Rule 1, Section
4.
Section 4. In what case not applicable. — These

Rules shall not apply to election cases, land
registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided
for, except by analogy or in a suppletory character
and whenever practicable and convenient.

The Rules of Court applies to the Municipal Trial gud exhaustive ang ilang rules kay naay mga walay
Courts, Regional Trial Courts, Court of Appeals, and certain provisions applicable to a certain situation.
the Supreme Court. We discussed this when we talked
about the powers of the SC. Again, the MTC is a
generic term for the lower courts, the inferior courts. Like for example, under Rule 22 we have the
computation of time. Usually pag mga cases naa jud
The Rules on Summary Procedure will not apply to the kay period within which to file such as deadline to file
RTC, CA, and SC. This only applies in the MTC but the answer, and etc. which there is a reglamentary
not all cases, only those cases identified by the Rules period. For example 10 days ang nkabutang sa Rules
on Summary Procedure. (ex. Cases on forcible entry, and the 10th day falls under a holiday, Rule 22
unlawful detainer)
provides that the deadline would be on the next
The Rule of Procedure for Small Claims Cases, again, working day. If your case is in the NLRC or before the
will not apply to the RTC, CA, and SC. This only DAR, silent ang ilang rules as to that. You can apply
applies in the MTC, as we already discussed before. the Rules of Court in a suppletorily manner.
The Rule on Examination of Child Witnesses, this will 11:15 - 16:51 DEROGONGAN
be discussed in your Law on Evidence. This is not
covered by the Rules of Court although when you go
the Rule on Evidence, it only mentions that children or Sec. 3. Cases governed. – These Rules shall govern
minors can be called as witnesses but as to the rule, the procedure to be observed in actions, civil or
how they are utilized as witnesses, is not covered by criminal and special proceedings.
the RoC.
a. A civil action is one by which a party
sues another for the enforcement or
protection of a right, or the
05:38-11:14 prevention or redress of a wrong.
And the cases enumerated in Rule 1, Section 4. A civil action may either be ordinary or
special. Both are governed by the rules for
Section 4 In what case not applicable. - These Rules ordinary civil actions, subject to the
shall not apply to election cases, land registration, specific rules prescribed for a
cadastral, naturalization, and insolvency proceedings, special civil action.
and other cases not herein provided for, except by
analogy or in a suppletory character and whenever b. A criminal action is one by which the
practibale and convenient. State prosecutes a person for an act
or omission punishable by law.
So the Rules of Court will not apply to election cases. c. A special proceeding is a remedy by
Why? Because election cases are covered by different which a party seeks to establish a
rules, the Comelec rules of procedure. status, a right, or a particular fact.
Land registration, Cadastral, naturalization, and

insolvency also, theres a separate rule for them. Sec. 3 says na ang Rules of Court daw will apply in
these kinds of actions: civil, criminal or special
Actually theres a lot cases not covered by the Rules proceedings.
of Court. For example, cases na within the
competence of Administrative Agencies. We discuss What are these actions or proceedings na applicable
the doctrine of primary of jurisdiction, when an issue, ang RoC?
controversy or matter is within the competence or
expertise of a specific branch or agency then that Civil action
matter should be resolved in that branch office or As already mentioned, it is one which a party sues
quasi-judicial agency. They have their own rule. We another. Here, when you say civil action, it is
already mention before, the DAR has the DARAR adversarial. Naa gyud nag-away ani. Although in a
rules of procedure. In the NLRC, they also have the civil action, there is no imprisonment involved. What
NLRC rules of procedure. Although in most of these is the relief given to the aggrieved party maybe for
Rules, it is mentioned that the Rules of Court is damages or to compel the offending party to
applicable in a suppletorily manner, because dile man perform, comply with his obligations in a contract for

example. Here, in a civil action, you sue another proceeding. There is also a specific provision in the
maybe because that person violated your right, so RoC dealing with special proceedings.
you want your right to be enforced. Like for example,
a contract of loan. So, the obligation of the borrower 16:52-22:28 - LUCMAN
is to pay. The lender has the right to be paid. So, if
the borrower fails to pay, the creditor/lender can sue DIVISION OF THE RULES
the debtor/borrower for payment. That’s for the
enforcement of a right. Or for the protection of a 1) CIVIL PROCEDURE – the body of rules that sets
right. Here, wala pay nahitabo but you want that out the rules and standards that courts follow
right to be protected. when adjudicating civil lawsuits. It is divided into
three distinct set of provisions, to wit:
Example: a) Rules 1-56 or Civil Procedure Proper;
You want to enjoin the other party from entering (coverage of our subject matter)
your property, from committing acts of b) Rules 57 – 61 or Provisional Remedies
dispossession, so you are asking for an injunction or which are writs and processes available
the prevention or redress of a wrong. Again, that is during the pendency of the action to
the nature of a civil action. preserve and protect certain rights and
interests pending rendition, and for
Kinds of Civil Action purposes of the ultimate effects, of a final
1. Ordinary judgment in the case.
2. Special c) Rule 62 – 71 or Special Civil Actions which
are civil actions governed specifically by the
Both are governed by the Rules of Court, the rules for special rules and generally by the rules for
ordinary civil actions. Although, pag special civil ordinary civil actions.
actions, naa pud siyay specific provision under the
ROC applying only to special civil actions. There is a 2) SPECIAL PROCEEDINGS – rules governing
specific rule for special civil actions. Although in miscellaneous proceedings dealing on specific
general, the rules on ordinary civil actions are also issues (Rules 72-100). A special proceeding is
applicable to special civil actions. defined as a remedy by which a party seeks to
establish a status, a right, or a particular fact.
Criminal actions
You have already discussed this in your criminal 3) CRIMINAL PROCEDURE – the legal process for
procedure. It is one by which the state prosecutes a adjudicating claims that someone has violated
person for an act or omission punishable by law. The criminal law (Rules 110-127).
act is defined by the RPC or by a special law, then
there is a commission of that act, and so you
prosecute against the offender. It is the state which CHAM 22:29-28:05
prosecutes, it is the state which is the offended party.
Special proceeding
It is a remedy by which a party seeks to establish a
status, a right, or a particular fact. In a special
proceeding, it is not usually adversarial. There is no
violation of a right, there is no right to be enforced or
to be protected. But you want to establish a status, a
right, or a particular fact.
From Slide:
Like for example, adoption. You are seeking to
establish the status of this child as a legally adopted 2. Special Proceedings – rules governing
person. Guardianship is also a special proceeding, to miscellaneous proceedings dealing on specific
establish a status as a person who is insane, suffering issues (Rules 72-109). A special proceeding is
from civil interdiction, prodigal, you are seeking to defined as a remedy by which a party seeks to
establish his status or declaration of nullity of establish a status, right, or a particular fact.
marriage. It is not usually adversarial ang special

Again, as a mentioned, the Rules of Court applied to
all cases but there are certain provisions that are
3. Criminal Procedure – the legal process for applicable to special cases. So, if there are specific
adjudicating claims that someone has violated provision, we will follow that not the general rule.
criminal law (Rule 110-127)
For example, if you have case in agrarian, let see first
4. Evidence – the means sanctioned by the Rules of the agrarian law; ayaw sa adto sa Rules of Court; only
ascertaining in a judicial proceeding the truth if silent ilang provision, we can apply the latter
respecting a matter of fact (Rules 128-133) suppletory.
CONCEPT OF DEFAULT
As I have discussed this, di ba dili na siya applicable sa

revised rules on summary procedure. Now, what is
default?
DISCUSSION:
If you are the defendant, you will receive summons.

And then EVIDENCE which is applicable to all. So You are required to answer. So, under the ordinary
here, the law on evidence will tell us the procedure rules on civil procedure, if the defendant fails to file
on how to establish your case. Naa dri, how to his answer within the reglementary period (which is
present your witnesses, what are your possible now 30 days), he can be declared in default. So,
objection, what are the admissible and non-
when you say 'declared in default', he will no longer
admissible, who are the qualified and incompetent
witnesses and how do you make the court recognize be given any chance to present his defense although
your evidence. This is applicable in ordinary civil he is entitled to notices. But he cannot present
actions, provisional remedies, criminal cases and witnesses na. He cannot rebut the evidence of the
special proceedings. plaintiff. That is in civil cases. but in criminal cases,
default is not applicable. There is no default. We
cannot say that the accused did not file a counter-
affidavit. Although ha, when you file a criminal case
in the Office of the Prosecutor, and then....
From Slide:
Applicability of the rules in general to the specific

divisions and vice versa
The rules of Court is the collective term to describe

all the rules from Rule 1 to Rule 144. Technically
speaking, Civil Procedure actually begins at Rule 2
Because Rule 1 relates to General Provisions.
28:06 – 33:42 Seruela
The doctrine we follow here is the Generalia
Specialibus Non Derogant or that “universal things .. and then the office of the prosecutor will require
do not detract from specific things.” The special the accused or the respondent in that case to file his
provision will always prevail. Rule 110 to 127 will counter affidavit. If you will not filed a counter-
always govern Criminal Procedure and Rules 1 to affidavit, the chances are, there will be a probable
71 will always govern Civil Procedure. cause, depending in the evaluation of the fiscal. It is
because you did not refute the affidavit complaint of
the complainant. Hence, chances are there will be a
probable cause, but I am not saying in all cases,
DISCUSSION: because there are cases which has no probable cause

even if there is no counter-affidavit by the · Rule 120, Section 8: it is applicable to all
respondent because the affidavit complaint does not cases. Although it is under Rule 120, this rule
fall into the definition of the crime. It is possible that also apply to civil procedure even if the
there is probable cause. If there is probable cause, applicable rules of civil procedure case are only
the office of the prosecutor will now file the Rule 1 to 56. This rule also apply to civil
information in the court and the court will issue a procedure. Rule 36 is actually under Civil
warrant of arrest. However, it does not mean that Procedure. Once a judgment becomes final,
the accused is defeated, because again, there is no whatever case it is (special civil action or maybe
default in criminal cases. Although, there is a warrant a criminal case), there shall be an entry of
of arrest against the accused, and just because there judgment.
is a probable cause, the trial will still proceed. The
prosecution will still have to present evidence to · Rule 127, Section 1: this rule is beyond the
prove beyond reasonable doubt the guilt of the civil procedure provision. However, it also
accused. So, there is no default in criminal cases. applicable to civil procedure case, the availability
of provisional remedies. So, in what instances a
provisional remedy be a availed of? Again what
are the provisional remedy?
Instances when the rules allow
1. Preliminary attachment
reference to and application of
provisions from another division of 2. Preliminary injunction
rules
3. Receivership
● Rules 120, section 8;
4. Support pendente lite
o Section 8. Entry of Judgment –
Not only in civil action, this rule is also applicable to
After a judgment has become final, criminal case if there is a civil aspect instituted with
it shall be entered in accordance the criminal case
with Rule 36.
What did you learn in criminal law as well as well as
● Rule 127, section 1; in the obligations and contracts? Isn’t it that, every
person who is criminally liable for a felony is also
civilly liable. This is under article 100 of the Revised
o Section 1. Availability of Penal Code of the Philippines. Meaning, if you
provisional remedies. – The commit a crime, you are criminally liable for the
provisional remedies in civil felony and also civilly liable. For example, stealing,
actions, insofar as they are you are criminally liable, hence you will be
applicable, may be availed of in imprisoned, and also accessory penalties,
disqualification, etc. Aside from that you have civil
connection with the civil action liability. Civil liability arising from crime or delict.
deemed instituted with the criminal Remember the five sources of obligation in your
action obligations and contracts?
1. Law
2. Contract
3. Quasi-contract
4. Delict
This means civil procedure then referred from Rules
in Criminal Procedure or Cases from Criminal
5. Quasi Delict
Procedure referring from the Rules of Procedural
Remedies.

So the civil aspect of the crime. In that case, there is on evidence na naay presentation of witnesses,
availability of provisional remedy, even if it is mainly naay direct examination, cross examination. So
a criminal case if there is a civil aspect which is walay formal offer of evidence in the Revised
deemed instituted in the case. Please remember, Rules on Summary Procedure on civil actions.
those criminal case without civil aspect because So that’s an exception.
there is no private offended party like illegal
possession of firearms, drugs, there will be no Classification of Actions
availability of provisional remedy.
- AS TO NATURE: Ordinary or Special
33:43 – 39:19
o Rules 62-71 (Special) – Interpleader,
Declaratory Relief & Similar Remedies,
Rule 72, Section 2;
Review of Judgements, Final Orders or
Resolutions of Comelec & COA,
- Section 2. Applicability of rules of civil
Certiorari, Prohibition, Mandamus, Quo
actions. – in the absence of special provisions,
Warranto, Expropriation, Foreclosure of
the rules provided for in ordinary actions shall
Real Estate Mortgage, Partition, Forcible
be, as far as practicable, applicable in special
Entry & Unlawful Detainer, Contempt.
proceedings.
o All other actions are considered
Special proceedings na pud ta. Nag-ingon si
ordinary.
Rule 72, pwede diay nato magamit pud ang
Rules sa Civil Procedure even if it is a special
Actually, wala naka specify sa Rules of Court
proceeding.
kung unsa tung ordinary. Ordinary, daghan
kaayo na siya. Anything under the sun. Pero ang
Ex. Declaration of Nullity of Marriage/ or
special civil action, naka specify siya kay gamay
Adoption – when you look at the rules for
lang man ni sila.
Declaration of Nullity of Marriage, or adoption,
when you look at the rules, wala man pre-trial
- Both ordinary and special civil actions are
diha na gi-mention. But, pre-trial is also present
governed by the rules on ordinary civil actions,
in a special proceeding. Naa gihapon na siyay
subject to the specific rules. In the case of
pre-trial because in a pre-trial, you also need to
conflict between the specific rule governing a
determine beforehand kung unsa mga facts
particular type of civil action and the ordinary, the
already admitted, or facts already stipulated,
specific rule will prevail. If the rules on special
unsa ang evidence sa pikas, kinsa ang
civil actions are silent, the rules for ordinary
witnesses sa pikas. So, applicable gihapon.
actions will be applied. The fact that an action is
subject to special rules other than those
Rule 128, Section 2;
applicable to ordinary civil actions is what makes
a civil action special.
- Section 2. Scope – The rules of evidence
shall be the same in all courts and in all trials
and bearings, except as otherwise provided by
law or these rules. (2a)
So the rules on evidence, as I said, applicable

siya whether it is a civil action, provisional
remedies, special civil action, criminal case, or
it’s a special proceeding. And in all courts: MTC,
RTC, CA, or SC.
Note: “except as otherwise provided by law or

these rules”
Example sa exception: We’ve discussed this

already. Revised Rules on Summary Procedure.
Under the Revised Rules on Summary
Procedure, position papers ra ta or affidavits in
civil actions. So here, di nato magamit ang rule

DISTINCTIONS BETWEEN ORDINARY AND As to what rules govern – for example, if it is a
SPECIAL CIVIL ACTIONS collection of money, didto lang gid ta sa Rule 156,
except those which are also expressly declared to be
applicable also to ordinary civil actions. Pero, katung
rules sa special civil action, di gid na siya mu-apply sa
ORDINARY SPECIAL ordinary civil action. Didto lang dyud na siya sa special
CIVIL CIVIL ACTION civil actions.
ACTIONS
39:20 – 44:56 - RYAN
As to what An ordinary A special civil
rules govern it civil action is actions is
governed by governed by
the rules for the rules for Ordinary Civil Special Civil
ordinary civil ordinary civil Action Action
actions and actions, subject
never the to the specific
specific rules rules As to what An ordinary civil A special civil
prescribed for a prescribed for a governs it action is action is
special civil special civil governed by the governed by the
action. action rules for rules for ordinary
ordinary civil civil actions,
actions and subject to the
As to which An ordinary Specific types
never the specific rules
court has civil action may of civil actions
specific rules prescribed for a
jurisdiction be filed before must be filed
prescribed for a special civil
the MTC or the before either
RTC, the MTC or the special civil action.
depending on RTC action.
the
jurisdictional
amount or In case of
nature of the conflict, the rules
action involved. on special civil
action SHALL
PREVAIL.
As to the Every ordinary The
applicability of civil action requirement of
the elements of must be based a cause of As to which An ordinary civil Specific types of
a cause of on a cause of action finds no action may be civil actions must
action action. A cause application to court has
filed before the be filed before
of action is the certain special jurisdiction MTC or the RTC, either the MTC
act or omission civil actions
depending on or the RTC.
by which a where the
the jurisdictional
party violates a violation of the
amount or (see discussion 1)
right of plaintiff’s rights
another. is not a nature of the
prerequisite for action involved.
filing such
actions.
As to the Every ordinary The

civil action must requirements of
applicability
be based on a a cause of action

of the cause of action. finds no depend sa kind
A cause of action application to of civil action.
elements of
is the act or certain special
cause of omission by civil actions
action which a party where the
violates a right violation of the
of another. plaintiff’s rights
is not a pre-
(see discussion 2) requisite for
filing such
actions.
Ordinary Civil Special Civil
(see discussion 3) Action Action
As to how An ordinary civil Special civil Under Rule 7, Pleadings in

As to the
action is actions, on the
initiated requirement Section 4, except many special
initiated by the other hand, may when otherwise civil actions must
filing of a be initiated by of specifically be verified, such
complaint. the filing of a verification. required by law as complaint for
complaint or a or rule, expropriation
petition. pleadings in (Rule 67),
ordinary civil petitions for
Verification – action need not certiorari,
under oath be under oath or prohibition and
Example: verified. mandamus (Rule
65), petitions for
quo warranto
(Rule 66, Section
· Forcible General rule: 1), petitions
entry under Rule 64,
(special civil Pleadings in pleadings in
action) – ordinary civil accion interdictal
filed in a actions NEED (Rule 70) and
form of a NOT be verified. petitions for
COMPLAINT indirect
. contempt (Rule
71).
·
Certiorari –
filed in a
form of a General rule:
PETITION.
Pleadings in
special civil
actions ARE
So, whether a VERIFIED.
case is filed in a
form of a
complaint or a
petition, it will
DISCUSSION 1:

Here are some examples: When you file a civil action there MUST BE a
cause of action because if your cause of action is
· INTERPLEADER (compelling two absent or incomplete, your civil action is
persons to litigate against each susceptible to dismissal.
other to prove who has the
better right) ELEMENTS OF CAUSE OF ACTION
- Situation like ikaw, lessee ka,

then naay duha ka tao karon nga
When you say a cause of action, that means
nangolekta nimo kay sila daw ang
lessor. So naglibog naka kung that:
kinsa. You file an action for
interpleader to compel them to 1. YOU HAVE A RIGHT and;
litigate against each other to 2. the OTHER PARTY HAS AN
prove who really has the right to OBLIGATION TO RESPECT
collect. YOUR RIGHT;
3. then HE VIOLATED YOUR
So depende kung unsa nga case ang
subject sa interpleader. Diha mag RIGHT; and
matter kung unsa nga court ang naay 4. because of such violation, YOU
jurisdiction. SUFFERED DAMAGES.
DISCUSSION 3:
· DECLARATORY RELIEF For example, declaratory relief.
- Declaratory relief falls within the Sa declaratory relief, wala pamay nahitabo nga
jurisdiction of RTC because it is violation ana. Gusto lang nimo makakuha ug
INCAPABLE OF PECUNIARY pronouncement as to a particular matter. Pero
ESTIMATION. it’s just a guidance. Wala pa’y violation.
So, NOT all special civil action require a cause

of action.
· FORCIBLE ENTRY OR UNLAWFUL
DETAINER
- The jurisdiction is with 44:57 - 50:30 JOE

MTC as provided in B.P.
Blg. 129. Ordinary Civil Special Civil
Action Action
As to how An ordinary Special civil

initiated civil action is actions, on the
initiated by the other hand,
filing of a may be
complaint. initiated by the
DISCUSSION 2: filing of a

complaint or a court shall, Section 5),
petition. upon motion failure to
of the claiming answer does
As to the Under Rule 7, Pleadings in party with not lead to a
requirement Section 4, many special notice to the default
of verification except when civil actions defending declaration
otherwise must be party, and under Rule 70,
specifically verified, such proof of such where a
required by as a complaint failure, declare default motion
law or rle, for the defending is a prohibited
pleadings in an expropriation party in pleading.
ordinary civil (Rule 67), default.
action need petitions for
not be under certiorari, As to the The remedy of There are
oath or prohibition remedy of a defeated special civil
verified. and appeal party is appeal. actions where
mandamus The remedy of multiple
(Rule 63), a party appeals are
petition for aggrieved by a allowed,
quo warranto judgment namely: (1)
(Rule 68, rendered on Expropriation;
Section 1), appeal is a (2) Foreclosure
petitions petition for of Mortgage;
under Rule 64, review. In and (3)
pleadings in other words, Partition.
accion there can only
interdictal be one appeal.
(Rule 70) and
petitions for As to venue The venue The venue
indirect depends on does not
contempt whether the necessarily
(Rule 71). action is a real depend on the
or personal real or
As to whether Under Rule 14, The rule on the action. personal
summons are Section 1, as issuance of nature of the
served amended, the summons does action.
court shall, not apply to
within five (5) certain special As to An ordinary A special civil
calendar days, civil actions. availability of civil action action for
direct the clerk special civil cannot be declaratory
of court to action as converted into relief may be
issue the corrective special civil converted into
corresponding relief and action. an ordinary
summons to conversion. civil action
the defendant. In exceptional under Rule 63,
cases, a party Section 6.
As to whether Under Rule 9, While default aggrieved by a
the defendant Section 3, as may be judgement in A party
can be amended, if declared if a an ordinary aggrieved by a
declared in the defending party fails to civil action, judgment in a
default party fails to plead (i.e., when there is special civil
answer within claimant in no appeal or action may file
the time interpleader other plain, a special civil
allowed, the under Rule 62, speedy or action for

adequate certiorari on
As to whether defendant can be declared in Default
remedy in the the ground
As to whether the defendant can be declared in
ordinary that the
default okay for ordinary civil actions yes default is
course of law, tribunal acted
applicable under Rule 9 Section 3 so we will go there
may file a without or in
under special civil actions while default may be
special civil excess of its or
declared if a party fails to plead but failure to answer
action for his jurisdiction,
does not need to a default declaration under Rule 70.
certiorari on or with grave
Where a default motion is a prohibited motion unsa
the ground abuse of
manang Rule 70 katong forcible entry and unlawful
that the discretion
detainer cases kay they are covered by the rules on
tribunal acted amounting to
summary procedure where default is not allowed
without or in lack or excess
noh you cannot even file a motion to declare a
excess its or of his
defendant in default.
his jurisdiction, jurisdiction, if
or with grave there is no
As to remedy of Appeal
abuse of appeal or
discretion other plain,
As to the remedy of appeal the remedy of appeal is
amounting to speedy or
available in an ordinary civil action so there is only
lack or excess adequate
one appeal also here you appeal once on the
of jurisdiction. remedy on the
judgment rendered by the court in an ordinary civil
ordinary
action. In special civil action there are certain kinds of
course of law.
civil actions na possible ang multiple appeals like in
its expropriation, foreclosure of mortgage, partition.
Multiple appeals example expropriation nganong naa
Or a petition like again forcibly entry is a special civil may multiple appeals what are the issues involved in
action you file here a complaint so there is a an expropriation case number 1 the propriety of
complaint here a certiorari is not in the form of a expropriation so proper ba ang exercise sa power of
complaint you file a petition which is a petition for expropriation and number 2 the determination of
certiorari. So depende sa kind sa civil action as to the just compensation kung tama ba ang gibayad nimo sa
requirement of verification again I already mentioned owner of the property expropriated. So in this two
this last night what is verification. It simply means matters nay order ang court so kung agree ka sa first
that it is under oath, you attest under oath na the order or first judgment nga proper ang expropriation
allegations in the complaint are true and of your you can appeal and then pag-abot napud sa ikaduha
personal knowledge are based on authentic records. agree gihapon ka you can appeal so in that case there
Now, under Rule 7 as to the general rule or ordinary are multiple appeals.
civil actions pleadings in ordinary civil actions need
not be verified okay as a general rule. Whereas in As to Venue
special civil actions general rule verified na sila ang
pleadings here. As to venue in ordinary civil actions it will depend if
the action is a real action or a personal action we will
So expropriation dapat verified petition for certiorari, go there in Rule 4 noh as to venue. In a special civil
provision mandamus verified okay forcible entry action on the other hand the venue is not dependent
verified so again kinahanglan ug verification. As to on the nature of the action. Does not depend on
when summons are serve yes in ordinary civil actions whether it is a real action or a personal action. As to
kinahanglan gyud ang issuance of summons that is availability of special civil action as corrective relief
required for the court to acquired jurisdiction over and conversion an ordinary civil action just as a
the person of the defendant. Whereas in special civil general rule cannot be converted into a special civil
actions wala some lang ang kuan forcible entry again action like file kag action for collection you cannot
dapat nay summons. Although in some like special convert that into a special civil action but for example
civil action for certiorari provision mandamus dili during the proceedings like there’s an interlocutory
summons ang gina issue dira. If for example in the order issued by the court in that ordinary civil action
court of appeals order is dili kayo applicable and rule and then there is grave abuse of discretion
on summons sa special civil actions. amounting to lack or excess of jurisdiction there is no

appeal or any other plain or adequate remedy under
the law you can file a special civil action for certiorari. AS TO THE CAUSE OR FOUNDATION
A special civil action on the other hand may be
converted into an ordinary civil action under Rule 63 REAL or PERSONAL
Section 6 so we will discuss that again when we go to
● An action is “real’ when it affects title to or
special civil actions.
possession of real property, or an interest
therein. All other actions are personal
50:30 - 54:36 actions (Bar 1994, 2004, 2006)
● An action is real when it is founded upon

ORDINARY SPECIAL the PRIVITY OF REAL ESTATE. That
CIVIL ACTION CIVIL ACTION means that realty, or an interest therein is
the subject matter of the action. Not every
action however, involving a real property is
a real action because the realty may only
As to An ordinary A special civil
be incidental to the subject matter of the
availability of civil action action for
suit.
special civil cannot be declaratory
action as converted into relief may be
corrective a special civil converted into
relief and action. an ordinary civil REAL OR PERSONAL ACTION
conversion action under
Rule 63, - It is important to know if it is a real or personal action.
Section 6. If it is not a real action then it is a personal action by
process of elimination.
- Not all action involving real property is a real action, it

In exceptional
A party depends upon the primary or ultimate relief prayed for
cases, a party
aggrieved by a by the parties in the suit.
aggrieved by a
judgment in an judgment in a
ordinary civil special civil - There are some cases when realty is just incidental
action, when action may file to the subject matter.
there is no a special civil
appeal or other action for
plain, speedy certiorari, on TO BE A REAL ACTION: it is not enough that the
or adequate the ground that action must deal with real property. It is important
remedy in the the tribunal that the matter in litigation must also involve any of
ordinary course acted without the following issues relating to real property:
of law, may file or in excess of
a special civil its or his
● Title;
action for jurisdiction, or
● Ownership;
certiorari on the with grave
● Possession;
ground that the abuse of
● Partition;
tribunal acted discretion
● Foreclosure of mortgage; or
without or in amounting to
● Any interest in real property.
excess of its or lack or excess
his jurisdiction, of jurisdiction, if
or with grave there is no
abuse of appeal or other
discretion plain, speedy
amounting to or adequate
lack or excess remedy in the
ordinary course DOCTRINES
of jurisdiction
of law.
● An action for damages to real property,
while involving realty is a personal action
because although it involves real property,
KINDS OF CIVIL ACTIONS it does not involve any of the issues
mentioned.
● An action to recover possession of real

property plus damages is a real action.
The aspect of damages is merely an recovery of ownership of real property. Where the
incidental part of the main action. allegations as well as the prayer of the complaint
● An action to recover possession of a do not claim ownership or possession of the lots
personal property is a personal action. An but instead seeks for the by the defendants in
action for a declaration of nullity of favor of the plaintiff, the action is a personal action
marriage is also a personal action
(Adamos vs. J.M. Tuason & Co., Inc., 25 SCRA 529)
(Tamano vs Ortiz, 291 SCRA 584)
PLEASE REMEMBER: There are cases where the

Remember these doctrines: Supreme Court that it's a real action, and there are
cases when it is deemed a personal action. For as
● An action for damages to real property, while long as it does not involve a claim of or recovery of
involving realty is a personal action because
although it involves real property, it does not ownership of real property, it is a personal action. If it
involve any of the issues mentioned. does not involve a title, possession, ownership, and if
it's just specific performance to compel the other
Ex: Nangguba sa imong yuta so you are filing a case party to perform his obligations under the contract,
for damages. Is that a real action because a real then it is a personal action.
property is involved? No. That is a personal action.
What you are seeking for are damages and not as to
In Adamos vs. J.M. Tuason, the allegations in the
title, ownership, possession, partition, foreclosure or
any interest in the property complaint do not claim ownership or possession of
the lots but merely seeks for the execution of a deed
● An action to recover possession of real of sale by the defendants in favor of the plaintiff, the
property plus damages is a real action action is a personal action. Because there is no claim
of ownership or possession, only the execution of a
NOTE:Diri duha - action to recover possession plus deed of sale, then it is a personal action.
damages. Is it real or personal action? Walay middle
ground. It is only either real action or personal action.
The main relief prayed for here is for the recovery of For example, you bought property. Although a
possession, damages are merely incidental. contract of sale is perfected by consent as a
Obviously, this is a real action. consensual contract. Although, under the Statute of
Frauds, if it involves real property, it has to be in
● An action for a declaration of nullity of writing. But it does not have to be in a public
marriage is also a personal action document. A public document is only required for
convenience. You bough property, it has been
NOTE: Although maybe in the end there is also a
liquidation of absolute community property or property
delivered to you, so the problem is you cannot
regime of the marriage, still that does not make it a register the transaction with the Register of Deeds
real action. because it was either verbal or maybe private
document. You need a notarized Deed of Sale. Then
kate 54:21-58:11 when you went to the seller, the seller rejects just to
make it harder for you. What is your remedy? You file
It is a personal action because there is no real an action for the execution of a Deed of Sale.
property involved here, although maybe in the end,
there's also liquidation of the absolute community Here, there is no issue as to title or possession, only
property, the property regime of the marriage, the execution, because they refuse to execute the
although the properties may be real properties, it still Deed of Sale. So it is a personal action although you
does not make it a real action because it's just are talking about a land, but it is not the ownership,
incidental. The real relief here is for the declaration title, or possession which is the issue.
of nullity, so it's a personal action.
Action for specific performance
Adamos vs. J.M. Tuason & Co., Inc.,

An action for specific performance is a personal
action as long as it does not involve a claim of or

Gochan vs. Gochan
It is a personal action. It is not founded on the privity
However, where a complaint is denominated as of real estate.
one for specific performance but nonetheless
prays for the issuance of a deed of sale for a parcel ● Complaint for breach of contract so the
of land for the plaintiff to acquire ownership of the plaintiff prays that the contract be
land, its primary objective and nature is one to rescinded and that the defendant be
recover the parcel of land itself and thus, is ordered to return possession of the land.
deemed a real action (Gochan vs. Gochan 372 REAL or PERSONAL?
SCRA 356) - REAL action because it is founded on the
privity of real estate
Here, the complaint is denominated as specific What is the nature of this action as to foundation?
performance but prays for the issuance of a deed of Real or personal? What is the goal of the plaintiff
sale for a parcel of land for the plaintiff to acquire here?
ownership of the land. Here, the acquisition of
ownership and title is an issue. The issuance of a Of course, dili lang man siguro siya gusto na irescind
Deed of Sale is just needed for the plaintiff to acquire ang contract just for the sake of rescinding the
ownership. Here, primary objective and nature is one contract. His goal is to recover the possession of the
to recover the parcel of land itself. What is the land. So, it is real action because it is founded on the
nature of the action–personal or real? It is a real privity of real estate.
action because the ultimate relief prayed for is the
acquisition of ownership over the land, although
denominated as specific performance. Hernandez vs. DBP
71 scra 290 (asked in the Bar 2 times)
58:12 to 1:02:02 MESIONA
Hernandez filed in the RTC against DBP an action
seeking the annulment of the cancellation of the
EXERCISES
award of a house and lot in Quezon City in his
favor. DBP had unilaterally cancelled the award
● The plaintiff seeks the issuance of a deed because X was a retired employee who had merely
of assignment in his favor of certain an option to purchase said house and lot. DBP filed
shares of stocks to regain ownership and a motion to dismiss the complaint on the ground
possession of said shares. REAL OR of improper venue, contending that since the
PERSONAL? property in question is located in Quezon City, the
– Personal action (not founded on the complaint should have been filed there.
privity of real estate)
The issue in this case was that the venue was
improper, according to DBP, because the property in
What is the subject matter? Issuance of a Deed of question was located in Quezon City. Ngano man?
Assignment of shares of stock Because if the action is a real action, the venue
should be in the place where the property is located.
Is there real property involved? No. So, it is not a
real action. It is a personal action. To determine whether the venue is proper here, we
should determine also if this is a real or personal
Remember: If there is no real property involved in action.
the case, it can never be a real action. But if there is a
real property involved in the case, it does also
ISSUE: Real or personal action?
automatically mean that it is a real action. You have
to consider what is the ultimate relief prayed for in
● SIGNIFICANCE: A real action is ‘local,’ i.e.,
the complaint.
its venue depends upon the location of
the property involved in the litigation.
In the example above, dili siya pwede maging real
“Actions affecting title to or possession of
action because there are no real properties involved.

real property, or interest therein, shall be
commenced and tried in the proper court ● The action is a personal action. The nature
which has jurisdiction over the area of the action is one to compel the
wherein the real property involved, or a recognition of the validity of the award by
portion thereof is situated (Sec. 1, Rule 4, seeking a declaration that the cancellation
Rules of Court). of the award is null and void. The issue
● On the other hand, a personal action is does not involve title to the property or any
‘transitory,’ i.e., its venue depends upon interest therein.
the residence of the plaintiff or the
defendant at the option of the plaintiff. A Discussion:
personal action may be commenced and
tried where the plaintiff or any of the The Supreme Court said that the action is a personal
principal plaintiffs resides or where the action. Why? Because it does not seek; does not
involve any title, possession, ownership, or privity of
defendant or any of the principal
real estate. The action is just to compel the recognition
defendants resides, or in the case of a of the validity of the award by seeking a declaration
non-resident defendant, where he may be that the cancellation of the award is null and void. So,
found, at the election of the plaintiff (Sec. it is a personal action. Therefore, the venue depends
2, Rule 4, Rules of Court). on the residence of the plaintiff or the defendant at the
option of the plaintiff. It does not depend on the
location of the property.
1:02:03-1:05:53
EXERCISES:
ISSUE: Real or Personal Action? ● An action to foreclose a real estate

mortgage. REAL or PERSONAL?
● SIGNIFICANCE: A real action is “local”, o REAL. It is an action founded
i.e., its venue depends upon the location of on an interest in real property.
the property involved in the litigation. ● An action to foreclose a chattel mortgage
“Actions affecting title to or possession of or pledge. REAL or PERSONAL?
real property, or interest therein, shall be o PERSONAL. The basis is an
commenced and tried in the proper court interest in personal property.
which has jurisdiction over the area
wherein the real property involved, or a
portion thereof is situated (Sec. 1, Rule 4,
Rules of Court).
● On the other hand, a personal action is
“transitory”, i.e., its venue depends upon ● An action to compel the mortgage to
the residence of the plaintiff or the accept payment of mortgage debt and to
defendant at the option of the plaintiff. A release the lots mortgaged. REAL or
personal action may be commenced and PERSONAL?
tried where the plaintiff or any of the o PERSONAL. Plaintiff’s title is
principal plaintiffs resides or where the not in question. (HERNANDEZ v.
defendant or any of the principal RURAL BANK OF LUCENA, 81
defendants resides, or in the case of a SCRA 75)
non-resident defendant, where he may be
found, at the election of the plaintiff (Sec.
Discussion: Again, your question should be, is there
2, Rule 4, Rules of Court). any issue about the title, possession, ownership or
privity of a real estate. If there is none, then it is a
PERSONAL ACTION. Here, there is no question as to
the title. It was just compelling the mortgagee to
accept the payment.
RULING:

ownership which could also be with the RTC or
MTC. That’s for jurisdiction.
TEST
Now, the question is, where should A file the
● If the trial court cannot decide the case
case? Venue. Venue is determined based on the
without ruling on the title over real
nature of the case- a real action or a personal
property, it is a REAL ACTION. Otherwise,
action. Here, duha man iyang gina pray, naay
it is a PERSONAL ACTION. real naa pud personal. So where do we file the
case?
Navaro vs Lucero 10 Phil 146

THIRD TYPE: MIXED ACTION
Where several or alternative reliefs are prayed
● An action partaking of the two-fold nature for in the complaint, the nature of the action as
of real and personal actions, having for its real or personal is determined by the primary
object the demand and restitution of real
object of the suit or by the nature of the
property, and personal damages for a
principal claim. Thus, where the purpose is to
wrong sustained.
nullify the title to real property, the venue of the
action is in the province where the property
Discussion: An action partaking of the two-fold nature
of real and personal actions – so mixed. I’m not saying
lies, notwithstanding the alternative relief
that it's hybrid but in one case, there is a possibility sought, recovery of damages, which
that you are asking for a lot of reliefs. So, having for its predicated upon a declaration of nullity of the
object the demand and restitution of real property, and title.
personal damages for a wrong sustained. Ex.
Recovery of possession, cancellation of title but with
damages
EXAMPLE REVIEW: REAL ACTIONS versus ACTIONS

INCAPABLE OF PECUNIARY ESTIMATION
● A files a case against B for recovery of
possession (real) with a prayer for
The RTC exercises exclusive original
damages (personal).
● Where should A file the case? Where he jurisdiction in civil actions where the subject of
resides or where the property is situated? the litigation is incapable of pecuniary
estimation.
The RTC also has jurisdiction in civil cases

1:05:54-1:09:44 involving title to, or possession of, real
property or any interest in it where the
In one case filed, there are two reliefs prayed for- assessed value of the property involved
recovery of possession and prayer for damages. exceeds P20,000.00.
Lahi tong discussion na before under jurisdiction,
as ana court ifile ang case- RTC, MTC? If it is below P20,000.00, it is the first level
court or MTC which has jurisdiction.
Here, what is the main relief prayed for? Is this
an action for damages or an action for recovery
of property? Because if property is involved,
there are 3 situations it could be forcible entry or Discussion:
unlawful detainer na MTC; it could be an action
for recovery which is pwede RTC or MTC If it is a real action, as to jurisdiction, the
depending on the assessed value of the jurisdiction is based on the assessed value of the
property; it could be an action involving property involved. P20,000 or less then outside
Metro Manila, MTC, beyond that, RTC. P50,000

or less within Metro Manila, MTC, beyond that,
RTC. Answer: It depends also because there can be
actions which are incapable of pecuniary
If it is an action incapable of pecuniary estimation na real action because what is
estimation, RTC. We don’t look at the value involved would be the title. There’s privity of real
since there is no value involved. estate here.
Insofar as real action is concerned, it is relevant Going back to the case of Russel vs. Vestil, diba
when the issue is title, possession, ownership, if you remember, the Supreme Court here
privity of real estate. This will tell us insofar as enumerated actions that are incapable of
the venue is concerned. Asa ang venue, it is the pecuniary estimation. Let’s just review.
location of the property.
If it is incapable of pecuniary estimation, we are ACTIONS INCAPABLE OF PECUNIARY

not talking of any real property here, so the ESTIMATION ACCORDING TO RUSSELL
venue here is dependent on the residence of the
plaintiff or defendant at the option of the plaintiff. ● SPECIFIC PERFORMANCE. An action
that at first blush seems to be real action
1:09:45-1:13:35 for forcible entry is incapable of pecuniary
estimation if it is actually one for specific
performance to compel the private
● A real action or an action involving title to respondents, as lessors, to comply with
real property means that the plaintiffs their obligations under the lease contract
and return the possession of the leased
cause of action is based on a claim that
premises (AMORGANDA VS. COURT OF
he owns such property or that he has the APPEALS, G.R. No. 80040, September
legal right to have exclusive control, 30, 1988).
possession, enjoyment, or disposition of
the same.
DISCUSSION: Kung the main or principal action
● Recall as well that in Russell versus reliefs sought is just for the performance of one’s
Vestil, G.R. No. 119347, March 17, 1999, obligation in the contract, it is a personal action.
the Supreme Court enumerated the
So, an action in this case of Amorganda versus
actions that are considered incapable of
Court of Appeals, at first blush seemed to be a
real option for forcible entry. The relief sought
here was to compel the private respondents, as
lessors, to comply with their obligations under
DISCUSSION: Now, insofar as real action is the lease contract and to return the possession
concerned, it is relevant when the issue is title,
of leased premises.
possession, ownership, and privity of real estate.
So, this will tell us, in so far as the venue is
concerned, kung asa ang venue. It is the location So, the subject matter here, the lease premises,
of the property. is a real property. Pero, if you look at the relief
sought which is to comply with their obligations
If it is incapable of pecuniary estimation, we are under the lease contract and return the
not talking of any real property here. So, the possession of the leased premises. The
venue here is dependent on the residence of the
Supreme Courts here have said that even if
plaintiff or defendant at the option of the plaintiff.
there's a real property involved here but, as I
Question: If an action, which is incapable of said, not all cases where there's real property is
pecuniary estimation, is it necessarily a personal automatically a real action. Tan-awon nato kung
action? Can it also be a real action? Because unsa gyud principal relief sought. So, to compel
when you say incapable of pecuniary estimation, the lessors, to comply with their obligations
as to jurisdiction, RTC. But, as to venue, unsa under the lease contract, it is actually one for
man ang venue if its incapable of pecuniary
specific performance. So, it is not a real action,
estimation?

but it is a personal action. wants/demands support.
So, the venue here would again depend on the

residence of the parties at the option of the ● Foreclosure of mortgage
(*1:12:36 tribute). So, this is also discussed in
In the case of Russel, it is classified as incapable
the case of Russel that a specific performance is of pecuniary estimation.
a personal action.
But it does not follow na if it is incapable of
pecuniary estimation, it is already personal. It
could also be real.
ACTIONS INCAPABLE OF PECUNIARY
ESTIMATION ACCORDING TO RUSSELL:
● Annulment of judgment
● RECISSION. It is considered as a Not capable of pecuniary estimation because
counterpart of specific performance there is no amount involved here.
(LAPITAN versus SCANDIA, INC., G.R. No.
L-24669, July 31, 1968). ● Actions questioning the validity of a
mortgage (Bunayog vs. Tunas, GR
DISCUSSION: If recession is just the relief no. L-12707, Dec. 23, 1959)
sought and the ultimate goal is not to recover It is not capable of pecuniary estimation because
real property then, it is considered as personal you are just dealing with a question of whether or
action. So, it is actually the counterpart of not the mortgage is valid.
specific performance. Pareho silag nature.
● Annulment of deeds of conveyance
and recovery of the price paid
It is not capable of pecuniary estimation because
ACTIONS INCAPABLE OF PECUNIARY what is involved here is the annulment of deeds
ESTIMATION ACCORDING TO RUSSELL: of conveyance.
● SUPPORT *Going back to FORECLOSURE OF

MORTGAGE:
● FORECLOSURE OF MORTGAGE
● ANNULMENT OF JUDGMENT Roldan vs. Sps. Barrios
● ACTIONS QUESTIONING THE GR No. 214803 | April 23, 2018
VALIDITY OF A MORTGAGE
(BUNAYOG versus TUNAS, G.R. No. L- Facts: The sps. Barrios obtained a loan from the
12707, December 23, 1959) Alona Roldan in the amount of P250K. The loan
was secured by a real estate mortgage over a
parcel of land in Aklan. Because they failed to
DISCUSSION: Support. Diba we discussed this pay, Alona was constrained to file a complaint for
already na incapable of pecuniary estimation. foreclosure of mortgage against the sps. Barrios
Ngano man? Bisag mangayo ka ug kwarta sa before the RTC.
support na kaso but it is not actually capable of
pecuniary estimation because the amount of The RTC dismissed the case because, based on
the allegations of the complaint, the land subject
support varies. It may increase or decrease
of the foreclosure only had an assessed value of
depending on the means of the person obliged to P13, 380 and it is thus the MTC that has
give support and the necessity of the person who jurisdiction.
supports or demanding for support.
(*because for it to be under RTC, the assessed
1:13:36-1:17:26 value must be beyond P20K if it is outside Metro
Manila)
.. means of the person obliged to give support
and the necessity of the person who Alona filed a petition for certiorari directly before
the SC alleging grave abuse of discretion when

the RTC ordered the dismissal of the foreclosure
case. She argued that, based on Russel vs
Clearly, the last paragraph clarified that while
Vestil, foreclosure of mortgage is an action
incapable of pecuniary estimation which is within civil actions which involve title to, or
the exclusive jurisdiction of the RTC. possession of, real property, or any interest
therein, are also incapable of pecuniary
Ruling: estimation as it is not for recovery of money,
the court’s jurisdiction will be determined by
As to the issue of direct resort to the SC
the assessed value of the property involved.
A strict application of the rule of hierarchy of
court is not necessary when the cases brought This is the last paragraph. An action for
before the appellate courts do not involve factual foreclosure of mortgage is incapable of
but legal questions. Since petitioner raises a pecuniary estimation, but it’s also a real action
pure question of law pertaining to the court’s
because it involves real properties. So in the
jurisdiction on complaint for judicial foreclosure of
sale, we would allow petitioner’s direct resort to determination of jurisdiction, we base on the
us. assessed value of the real property involved. In
this case of Barrios, ha.
As to the issue of nature of action
Although I also made a comment before, na
Foreclosure is but a necessary consequence of kung i-analyze jud nimo mas gwapo siya i-
non-payment of the mortgage indebtedness and, classify as a personal action ang foreclosure of
therefore, the foreclosure suit is a real action so
mortgage because here the creditor is not
far as it is against property, and seeks the
judicial recognition of a property debt, and an actually claiming the property. In fact, it will be
order for the sale of the res. As foreclosure of sold at a public auction, and only the proceeds of
mortgage is a real action, it is the assessed the sale will be given to the creditor. But there’s
value of the property which determines the the ruling of the SC that it’s incapable of
court’s jurisdiction. Considering that the pecuniary estimation and a real action.
assessed value of the mortgaged property is only
P13, 380, the RTC correctly found that the action
Now classification of civil actions as to object of
falls within the jurisdiction of the first level court.
the action. Ganina as to cause or foundation,
The SC said that, yes, it is correct, an action for karon as to object. So ang classifications here
foreclosure of mortgage is an action incapable of would be in rem, in personam, or quasi in rem.
pecuniary estimation and therefore, within the
jurisdiction of the RTC. We are not persuaded. In When you say object of the action, actually and
the Russell case, we held: ultimate na imong tan-awon is who will be bound
by the judgment of the court in these kinds of
While actions under Sec. 33 (3) of BP
actions. Will it only be the parties? Or only the
129 are also incapable of pecuniary estimation,
the law specifically mandates that they are property involved in the action? Or will it be the
cognizable by the MTC, METC, or MCTC where whole world?
the assessed value of the real property involved
does exceed P20K in Metro Manila, or P50K, if
located elsewhere. If the value exceeds P20K or
P50K as the case may be, it is the RTCs which
have jurisdiction under Sec. 19 (2). As to Object of the Action
In Rem, In Personam and Quasi in Rem
1:17:27 to 1:21:17 An action in personam is directed against

specific persons on the basis of their personal
liabilities and seeks personal judgment, while
an action in rem is directed against the thing

or property or status of a person and seeks AS TO OBJECT OF THE ACTION
judgments with respect thereto as against the ● IN REM, IN PERSONAM AND QUASI
whole world. IN REM
So ang action in personam against a specific - An action in personam is directed against

person jud. Like collection of a sum of money. specific persons on the basis of their personal
File ka ug action against A. Your action is really liabilities and seeks personal judgements,
directed against A. And A will be made to pay, of while action in rem is directed against the thing
course. So it seeks personal judgment. or property or status of a persona and seeks
judgements with respect thereto as against the
Sa action in rem, for example, registration of whole world.
land or cadastral proceedings. They are actions
in rem. The action is directed against the - An action quasi in rem names a person a
property. Or maybe declaration of nullity of defendant, but its object is to subject that
marriage. It’s also in rem. It’s directed against the person’s interest in a property to a
status. So in these actions, the judgment binds corresponding lien or obligation
the whole world.
Ang in personam, binding lang siya against the

parties. Kung dili ka party in the case, dili ka
bound by the decision in that case. Pag in rem
gani, bound ka, like land registration. “Wala man Ang imuhang goal, is to have the real property
ko niapil sa proceeding in court for the for example, which is mortgage, be subjected to
registration of the title over the land, so dili nako the jurisdiction and custody of the court and to
gina respeto iyang title.” No, it’s binding against have that property sold at public auction and the
the whole world. Declaration of nullity, “Dili man proceeds of that property be used to pay the
ko participant diha, so di ko bound.” No, binding debt.
siya against the whole world. That’s the nature of
an action in rem. Actually, wala nimo gipugos si debtor na sya
mismo ang mubayad, ang iyahang property
gisubject nimo to a lien. But still because he is
the owner of that property, the action for
foreclosure of property should be directed
As to Object of the Action
against the debtor. Siya gihapon ang defendant
in that case but the ultimate relief here is to
In Rem, In Personam and Quasi in Rem
subject his property to a lien or obligation. So,
An action quasi in rem names a person as this is an action quasi in rem.
defendant, but its object is to subject that
person’s interest in a property to a
corresponding lien or obligation.
Action Quasi In Rem: Like foreclosure of · In an action in personam, no one

mortgage, ang imohang goal is to have the real other than the defendant is sought to be
property, for example... held liable, not the whole world.
Bolo 1:21:18-1:25:08
- Example: Action for reconveyance; an action

rem [In Re ESTATE OF JOHNSON,
for a sum of money; an action for damages; an 39 Phil 156]
action for specific performance; an action for ● A land registration proceeding is an
rescission [Gomez vs CA, 425 SCRA 98] action in rem. Hence, the failure to
give a personal notice to the owners of
the land is not a jurisdictional defect. It
is the publication of such notice that
brings in the whole world as a party in
case and vests the court with
In an action in personam, it is only the defendant jurisdiction.
who is made liable, dili iya igsuon, lolo, lola,
silingan, siya lang jud. So, not the whole world.
Example, naa siyay property, pero you are

saying na dili na iyaha, akua na siya, so giforge In a land registration which is a proceeding in
lang niya amuang pirma, pero wala ko nipirma rem, you don’t serve summons to the entire
ug anything, so you are asking for the world, isa isahon nimo tanan tao sa kalibutan
reconveyance of a property. That action is in tagaan nimo ug summons because mao mana
personam. You file the case against the person ang nature sa in rem, binding against the whole
because he will have the obligation to make the world. You do not serve individual summons to
reconveyance. It is not in rem, it will not bind the bind the whole world, what is required in actions
whole world. All other persons who are not in rem would only be publications. So,
parties to the case are not bound by the decision publication serves as the notice to the whole
in the action. world. So, for as long as you have complied with
that requisite, then the court has already
Action for sum of money, again, it is in acquired jurisdiction over the case.
personam, directed against one who owes
money. Action for damages, in personam, so as
· Cases involving auction sale of
action for specific performance and action for
land for the collection of
rescission. So these are actions in personam
delinquent taxes is an action in
directed against the person, the one who
personam. Mere publication of the
borrowed money, the one who caused the
notice of delinquency does not
damages or the one who was negligent or the
suffice. Notice by publication
one who was the contracting party as discussed
although sufficient in proceedings
in the case of Gomez vs CA.
ins rem does not satisfy the
So, they seek personal liabilities or personal requirements of proceedings in
judgements. personam [Talusan vs Tayag,
356 SCRA 263]
ACTION IN REM
● An action in rem is directed against the
In this case of Talusan vs Tayag, auction sale of
thing or property or status of a person
lane for the collection of delinquent taxes,
and seeks judgements with respect
thereto as against the whole world. An
action in rem is an action against the
thing itself instead of against the
1:25:09 - 1:28:56 KHAYZEE
person.
● A cadastral proceeding is an action in
· Cases involving an auction sale of

What is the meaning of proceeding in rem?
land for the collection of
delinquent taxes is an action in
You don't need to serve summons or notices
personam. Mere publication of the
to all the heirs kay wala man gani ka kabalo
notice of delinquency does not
kanang namatay basig daghan kaayo na siyay
suffice. Notice by publication
anak sa gawas wa ta kaila. Okay, so how can
although sufficient in proceedings
you possibly serve summons or notices to all of
in rem does not satisfy the
them? kato lang known na heirs, pero katong
requirements of proceedings in
unknown, no need.
personam (Talusan vs Tayag)
· The probate of a will is a so what is required in a probate of will is

proceeding in rem, because the PUBLICATION. So i publish sa newspaper na
order of a probate is effective there's a proceeding for the probate of the will of
against all persons wherever this person if you're interested party you may
residing (In re Estate of Johnson) appear and file your opposition or whatever. So,
kung naay decree ang court, allowing the will to
probate and then later on nahibalan nimo nga
(Talusan vs.) Tayag, option sale of land for the
hala gi allow ang will unya anak man ko pero wa
collection of delinquent taxes. Is this an action in
man ko naapil diha.
personan or action in rem?
Dili valid ang will kay wala man ko na notify, no,

kay mag matter siya kung in personam siya
it's not required na kinahanglan ka individually i
dapat, but padalan gyud nimo ug notice
notify notice by publication is sufficient to confer
individually ang mga tag-iya sa properties, sa
jurisdiction in the probate court and binding
katong mga taxpayers nga wala nagabayad ug
against the whole world. So even if he did not
taxes.
participate in the probate proceedings, you are
bound by the decision or the decree of the
Pero kung it is in rem, enough na ang notice
probate court.
enough na ang publication as notice but the
Supreme Court said that this case is actually an
action in personam okay because here you are
seeking for the obligation or liability of the
delinquent taxpayers. so mere publication of
the notice of delinquency does NOT suffice you
have to serve them personally with notices as a
requirement to acquire jurisdiction over their
person.
probate of a will it is a proceeding in rem kay

what is the probate of a will? familiar man siguro
mo unsa nang last will and testament kanang
mamatay na ta 'nya paghuman feeling nato nga
mag away man ni akong mga anak sa magbuhat
kog last will and testament para ibahin bahin na
nako sa ilaha and akoang property so the will dili
na siya effective as is it has to go through a
process of probate, so mag file kag petition for
probate of the will in court, the court will
determine if the will is valid. That is a proceeding
in rem.

January 11, 2021 - ONLINE
LECTURE When you say ‘quasi in rem,’ what is settled here
is only the obligation of the defendant. Again, if
you file an action for foreclosure against A,
seeking to foreclose the property of A, the
judgment here is limited to the property itself
ACTION QUASI IN REM
insofar as the quasi in rem feature is concerned.
But again, because it is not ‘in rem’ the judgment
A proceeding quasi in rem is one brought
in that case is not binding against the whole
against persons seeking to subject the
world. If there will be a third party who claims
property of such persons to the discharge of
that the property foreclosed belongs to him, that
the claims assailed. In an action quasi in rem,
third person who is not a party in the
and individual is named as defendant and the
proceedings, is not bound by the decision of the
purpose of the proceeding is to subject his
court in the foreclosure. The decision is only
interests therein to the obligation or loan
binding between the parties in the case. It does
burdening the property.
not cut off the rights or interest of all possible
claimants.
Unlike an action in personam which is directed
personally against the defendant, for example The object of an action quasi in rem is the sale or
seeking to enforce his personal liability; here, in disposition of the property whether by
an action quasi in rem, although we make the attachment, foreclosure, or any other form of
person as a defendant, but he will not be the one remedy.
directly paying the claim.
Attachment is a form of provisional remedy
For example, the ultimate objective of the case is where while the case is still ongoing, you want
to subject the property of that person to a lien or the properties of the debtor to be in custodia
burden (i.e., in a mortgage) insofar as the legis so that the debtor cannot sell or dispose of
property itself, which is a subject of a mortgage, the properties. If the plaintiff wins the case, the
is concerned, here the property is subject to an properties will be used to answer for the debt. In
encumbrance or a lien. The property will be the attachment, there is no specific property involved
one to be sold at a public auction and the here. All properties of the debtor may be
proceeds will be used to pay off the debts of the attached. There is no prior contract between the
debtor. If the proceeds of the sale of the property parties. If there is already a ground for
is insufficient, that will be the time when the ‘in attachment like the debtor is in the act of
personam’ aspect will be relevant. If you seek a absconding, you may file for attachment to put
deficiency judgment against the debtor, you want his properties in custodia legis.
him to be personally liable for the deficiency,
then that becomes ‘in personam.’ In foreclosure, the property has been used as a
collateral for the payment of the debt in a
contract or agreement before the case was
instituted. Upon non-payment of the debtor, the
Actions quasi in rem deal with the status, property may be foreclosed upon the filing of
ownership, or liability of a particular property judicial foreclosure of mortgage. That is directed
but which are intended to operate on these against the property.
questions only as between the particular
parties to the proceedings and not to ascertain 06:13-12:26
or cut-off the rights or interests of all possible
claimants. (Domagas v. Jensen, 448 SCRA
664; Bar Q 1994)
The object of an action quasi in rem is the sale

or disposition of the property whether by Examples
attachment, foreclosure, or any other form of
remedy. (Banco Español-Filipino v. Palanca, (a) action for partition;
37 Phil. 921)

Manila kay MTC, over that kay RTC. Metro Manila
50,000 or less MTC, and if over 50,000 RTC.
(b) action for accounting;
- Such action are essentially for the Judicial Foreclosure under Rule 68, it is also what we
purpose of affecting the defendant’s call a special civil action. Meaning although
interest in the property and not to render a applicable ang Ordinary or Regular Rules of
judgement against him. (Valmonte vs. CA, Procedures sa foreclosure of mortgage. But primarily
252 SCRA 92) kung unsa tung specific provision under Rule 68, then
they will be applied in so far as Judicial foreclosure of
(c) attachment mortgage is concerned.
(d) judicial foreclosure of mortgage So why do we have the characterize the action
whether it is a real action, a personal action, quasi in
rem, or personam or in rem?
In an action for partition, this refers to the interest of
the defendants in the property.
Significance of Characterization
When you file an action for accounting, your
essentially affecting the defendant interest in the The distinction is important to determine
property and not to render a judgement against the whether or not jurisdiction over the person of the
defendant, only for him to render an accounting. defendant is required and consequently to be
employed.
Those are example of actions quasi in rem.
Jurisdiction over the person of the defendant is
necessary for the court to validly try and decide a
case against said defendant where the action is
one in personam but not where the action is in
rem or quasi in rem.
Summary: Judicial Foreclosure
It is a special action under Rule 68.

Because if it is a personal action then you will have to
It is an action incapable of pecuniary estimation. determine kung unsa ba na siya. Incapable of
(Russel vs. Vestil, GR no. 119347, March 17, 1999) pecuniary estimation or capable of pecuniary
estimation. And then unsa man ang atoang gina-
It is also a real action. Thus, the determination of recover here? Is it personal property? Whats the
jurisdiction is subject to the assessed value of the value of the personal property involved? It will
property. (Roldan vs. Spouses Barrios, GR no. determine the jurisdiction.
214803, April 23, 2018)
In so far as a real action naman, when jurisdiction is
It is an action quasi in rem. concerned. What is the assessed the value of the
property? That would tell us which court has
jurisdiction.
In so far as venue naman, when personal action is

Now please remember again na controversial jud concerned. It depends on the residence of the
ning Judicial Foreclosure. We also discussed tha an plaintiff or residence of the defendant at the option
action for judicial foreclosure is a personal action if of the plaintiff. But if it’s a real action, ang venue will
you are seeking to foreclose real property, real estate depend on the location of the property. That’s why
mortgage, but it is also incapable of pecuniary we have to know kung as to foundation unsa na siya.
estimation. But for the purpose of determining
As to object naman, why do we need know whether
jurisdiction, because it is a real action, then we have
it is personam, in rem, or quasi in rem. Ang important
to consider the assessed value of the property to be
here is whether or not jurisdiction is obtained.
foreclosed. If it is 20,000 or less outside Metro

Unsa man ng element sa jurisdiction. Jurisdiction requisites. You have to observe those requisites
over the subject matter, jurisdiction over the person before you can proceed to the other service of
of the defendant, jurisdiction over the res, and summons like substituted service, service by
jurisdiction over the issue. Kani siya more on the publication, and other modes. Dili na siya basta basta
jurisdiction over the person and jurisdiction over the kay naay conditions. So ang preferred is personal
res. When it comes into questions in persona, in rem, service of summons if it is an action in personam.
or quasi in rem, and to determine whether unsang
klase na summons na atong issue kay defendant. Although under Rule 14, there is another way of
acquiring jurisdiction over the person of the
Under the element of jurisdiction, kinahanglan jud na defendant in a personal action. Kung voluntarily he
we acquire jurisdiction over the subject matter, over appeared before the court and he submitted himself
the parties, over the res, and the issues. Why? to the jurisdiction of the court, in that case, any
Because if the court hears and decides a case without defect in the service of the summons made by the
jurisdiction that decision and all proceedings sheriff is no longer an issue because of the voluntary
conducted in the court would be considered as null appearance and voluntary submission of the
and void. It would not be binding and can be assailed defendant to the jurisdiction of the court.
at any time.
(Actions in personam under Rule 14 will be
Jurisdiction over the person of the defendant is also thoroughly discussed when we reach Rule 14. Below
very important when the case is in personam. Why? is merely an overview.)
Because when we say in personam you are seeking to
enforce personal judgement against the defendant. So naa may modes of service na for example ang
You are trying to enforce his personal liability. How defendant ay resident of the Philippines, or a
can he do that if the court does not acquire resident of the Philippines pero temporarily out of
jurisdiction over his person. the Philippines, or resident of the Philippines tapos
dili pud siya out of the Philippines pero wala ka
As discussed in the case of Ejercitio vs. M.R. Vargas kabalo asa siya, or non-resident defendants. So naay
Construction, G.R. no. 172595, April 10, 2008. specific modes of service and how do you serve
summons upon them. Again, you have to follow the
rules on the service of summons for the court to
acquire jurisdiction over the person of the defendant.
Ejercitio vs. M.R. Vargas Construction, G.R. no.
If the case is purely a personal action and it is in
172595, April 10, 2008
personam, meaning you are seeking personal
In an action in personam, personal service of
judgment against the defendant, but the defendant is
summons on the defendant is the preferred mode
not a resident of the Philippines and you are not also
of service, that is, by handing a copy of the
attaching any of his properties, it is impossible for
summons of the defendant in person.
you to acquire jurisdiction over him. Even if you
follow the rules on the service of summons, our court
processes are not effective outside the jurisdiction of
the Philippines although naay mga service of
publication but kana siya mag-apply lang siya kung
naay res involved in the action. Like you’re attaching
12:27 – 18:39 DEROGONGAN properties, you are foreclosing and naa siya sa
abroad, the service of summons upon him, for
We will discuss that in Rule 14, how do you serve example by publication, it is still required but it is not
summons to the defendants. Because service of to acquire jurisdiction over the person of the
summons is one way for the court to acquire defendant but as an element of due process. What is
jurisdiction over the person of the defendant. important is that the court acquire jurisdiction over
the res here in the Philippines pero if it is purely an
Ang preferred mode of service of summons is by action in personam, walay res involved in the
personal service. When you say personal service, you Philippines and the defendant is abroad, then there is
mean ihand nimo sakanya personally ang summons. no way for which the court can acquire jurisdiction.
There are other modes of service pero naay

The court cannot proceed in that case. We will
discuss more on that when we go to Rule 14.
the purpose is to impose through the judgment of

Spouses Yu vs. PACLEB
the court some responsibility or liability directly upon
GR 172172, February 24, 2009
the person of the defendant.
Binding effect of action in personam
Action for Specific Performance
● A proceeding in personam is a proceeding
It is a personal action but as to object, it is also in
to enforce personal rights and obligations
persona. You want A to pay to you a sum of money,
brough against the person and is based on
for example 1 million. It is one seeking to enforce
the jurisdiction of the person, ALTHOUGH
personally from A the payment of that amount. Or
it may involve his right to, or the exercise
you want A to comply with his obligations in the
of ownership of, specific property, or seek
contract. So again, that is an action in persona.
to compel him to control or dispose of it
in accordance with the mandate of the
An action for specific performance praying for the
court.
execution of a deed of sale in connection with an
● The purpose of a proceeding in personam
undertaking in a contract. Again, you will be
is to impose, through the judgment of a
compelling the defendant to execute a deed of sale.
court, some responsibility or liability
So that is again seeking from the defendant the
directly upon the person of the
performance of an obligation. Seeking personal
defendant.
judgment, seeking personal liability. So that is action
in personam.
Take note that A proceeding in personam is a
proceeding to enforce personal rights and obligations So please remember, this is very important also,
brought against the person and is based on the when you say in personam, if the case is in
jurisdiction of the person, ALTHOUGH it may involve personam, the judgment is in personam, it is binding
his right to, or the exercise of ownership of, specific only among the parties to the case. If you are not a
property, or seek to compel him to control or dispose participant in that case, you cannot be held liable in
of it in accordance with the mandate of the court. the case. The judgment of the court is not binding
against persons who are not impleaded in the case.
Like for example, recovery of possession of real When you say impleaded, meaning party siya,
property. It is as to foundation, it is a real action defendant sya or plaintiff sya, or intervenor. Why?
because it involves possession or title to real because it will also violate their right to due process.
property. But as to object, is that an action in Before judgment should be rendered against you,
personam, is it in rem or quasi in rem. What do you you should have the opportunity to be heard.
seek in that case? What is your relief prayed for in
that case? You want to recover this real property So for example, A files a case against B for the
from A. Do you subject his property to a burden? Like recovery of property, and after presentation of
in a foreclosure of mortgage. Actually, you are asking evidence, the court said, 'ok B you are hereby
the court to order the defendant to deliver to you a directed to deliver to A this property'. And then X is
real property, so it is an action in personam. Because also claiming ownership over that property. Is the
you are seeking the enforcement of a personal judgment of the court in that case directing B to
liability although that personal liability consists in the deliver to A already conclusive against X? Can that
defendant delivering to you a real property. The judgment of the court na wala na, it already settles
purpose is to impose through the judgment of the finally the issue of ownership over the property na si
court some responsibility or liability directly upon the A gyud ang tag -iya that's why B is ordered to deliver.
person of the defendant. NO. Because in so far is X is concerned, he's not a
party to the case. He's not impleaded and he's not
(18:40-24:52) - Esmael given any opportunity to present evidence to prove
his ownership. So it cannot be binding against. So
sJanuary 11, 2021 that's the nature of an action in personam.
18:40-24:52

Biaco vs. Countryside Rural Bank But here again the purpose is not to acquire
jurisdiction, like for example non-resident na diay
For actions in rem or quasi in rem siya, you cannot really acquire jurisdiction over his
In a proceeding in rem or quasi in rem, jurisdiction person but you need that to comply with the rules on
over the person of the defendant is not a pre- due process.
requisite to confer jurisdiction on the court, provided
that the court acquires jurisdiction over the res. The same thing in action in rem: land registration
proceedings. This action in rem is binding against the
Jurisdiction over the res is acquired either: whole world. So, what you need to do is still the
court needs to acquire jurisdiction but here what
1. by the seizure of the property under legal process involve are all possible persons by publication, not
whereby it is brought into actual custody of the law summons.
(writ of attachment issued by the court, etc).
24:53-31:05 Cham
Here, there is already a legal process whereby the
property is seized and placed under custodial legis; or
2. as a result of the institution of legal proceedings in

which the power of the court is recognized and made
effective. ACOSTA ET. AL VS SALAZAR
Again, an action for foreclosure of mortgage. By the G.R. No. 161034

fact that the plaintiff filed an action for foreclosure of
mortgage, jurisdiction over the res is acquired, and June 30, 2009
the power of the court is recognized and made
effective. FACTS:
So kung muingon ta na in an action in rem or quasi in The case was petition for the cancellation of the
rem, it is not important to acquire jurisdiction over entries annotated at the back of the original
the person of the defendant, so long as the court certificate of title # 40287. Here, no summons were
acquires jurisdiction over the res; would this mean served. On the supposation of the petitioners, this
that summonses are not required to be served in was an action in rem. So we really need to know
action in rem or quasi in rem? kay di man kaha
what is the characterization of the case as to
importante na maka acquire ta ug jurisdiction over
the person of the defendant? Diba it is acquired by 1) object.
serving summons to the defendant, or 2) by his
voluntary appearance or submission to the ISSUE: Is this an action in personam, quasi in-rem
jurisdiction of the court. or in rem?
So di na ba kailangan ug summons? Of course not! I RULING: NO

explained this already before.
The court said that this is an action in personam.
Summons must still be served upon the defendant On the poture that the case was a land registration
even if it is an action in rem or quasi in rem, not for proceeding which is a proceeding in rem, here the
the purpose of vesting the court with jurisdiction but plaintiff did not implead the heirs mentioned in the
merely to satisfy the requirements of due process. So annotation. When you say registration of land
kung magforeclose ka ug mortgage, which is an under Torrens System, it is a proceeding in rem.
action quasi in rem, you still need to serve summons You are affecting the entire world. When the land
upon the defendant. But of course, for example si is registered under your name, the court will
defendant wala diri sa Philippines, he cannot be decree that you are the owner of such land and
located, you resort to other modes of service. Ifollow that is binding against the whole world. Such
gihapon nimo ang rule sa summons. proceeding in rem dealing with a tangible res,
which is the land, may be instituted and carried to
judgment without personal service upon the

claimants within the state or notice by mail to IN IN REM QUASI IN IN
those outside of it. Jurisdiction is acquired by virtue PERSONAM REM
of the power of the cur over the res.
DISCUSSION:
However, for example: A filed for registration of title,

so it is in rem. Eventually, there is a decree made by
the court: " this will be registered under the name of
A." Now later on, let say X, nagpaannotate of an
adverse claim over the land, maybe contract to sell.
And then, gusto ipatanggal ni ang annotation. Can he
do that without informing X? The answer is NO.
Because there is already an INTEREST of X which is
affected.
So here, the cancellation of entries annotated at the

back of the title or to have been directed to a specific
person. So it is no longer an action in rem. It is one
directed against a specific party. so here, you have to
notify or to serve summon upon the party which is
directly affected or to be affected by the judgment of
the court; if the court will say, "this court hereby
orders the cancellation of the annotation." It would
be X who cause the annotation be affected. It is not
the entire world because only X is directly affected,
so that is an action in personam.
Here, there are successors-in-interest who have

acquired different portions of the property over the
years. Insofar these persons are concerned, it is in
personam insofar the portions acquired by these
persons; it is quasi in rem. The nature of quasi in rem
and in personam is insofar as the binding effect; they
are the same as to the binding effect only against the
parties to the case, they do not bind the entire world.
31:06 - 37: 18 Seruela
DISTINCTION BETWEEN ACTIONS IN PERSONAM, IN

REM AND QUASI IN REM

Is directed Is directed Is one brought effect
against against the against
specific thing or persons (example is filing of a
persons on property or seeking to case for foreclosure
their status of a subject the of mortgage)
personal person property of
liabilities and such persons
A foreign A foreign Same
seeks to the
judgment in judgment in treatment as
personal discharge of
an action in an action in action in
judgments the claims
personam is rem is personam
assailed.
presumptive, deemed
not conclusive
conclusive, of upon the
a right as title to the
Binds only Binds the Binds only the
between the thing.
the parties to whole world parties to the
parties and
the action action (When you
their
successors by say
Requires Requires Requires only a subsequent conclusive
jurisdiction jurisdiction jurisdiction title. you cannot
over the over the res over the res to (Meaning if present
person bind the there is an evidence to
person action in the
personam contrary. It
against the is binding
Services of Service of summons is not defendant against the
summons is required to obtain jurisdiction abroad and whole
jurisdictional but merely to satisfy the that world)
requirement of due process judgment is
sought to be
enforced
Requires Jurisdiction is acquired either: here in the
personal Philippines, it
service of 1. By the seizure of the
can still be
summons to property under legal
questioned
the process whereby it is
by the
defendant to brought into actual
defendant.
acquire custody if the law;
Presumptivel
jurisdiction (example is writ of
y it is valid
(or by his attachment) or
but the
voluntary defendant
appearance) 2. As a result of the
can still
institution of legal
present
proceedings, in which the
evidence to
power of the court is
the contrary.)
recognized and made

● Please remember also that there can be
combinations of actions. When you say
personal, we are referring to the
foundation, personal or real action.
When you say in rem, quasi in rem, in
● We will discussed this foreign judgment
when we go to Rule 39, insofar as personam, we are referring to the
implementation, because Rule 39 refer to object. So it does not follow that, if
execution of judgment. This is where foreign personal it is in personam, or if it is real
judgment enters, because when you say action, it is in rem, it does not follow. It
foreign judgments, the aspect that will be depend of what kind of action.
affected here in the Philippines would only
be the enforcement because the case was
heard abroad. However, as to the
Exercises
enforcement, if it will be enforced in the
Philippines then we follow the rule as to the
● Think about actions that are:
implementation.
o PERSONAL and IN PERSONAM
o PERSONAL and IN REM

Bayot v Bayot
o REAL and IN PERSONAM
G.R. No. 155635, November 7, 2008
● It is essential that there should be an

opportunity to challenge the foreign
judgment, in order for the court in this
jurisdiction to properly determine its 37:19 – 43:31 Espuerta
efficacy. In this jurisdiction, our Rules of
Court clearly provide that with respect to Exercises
actions in personam, as distinguished
from actions in rem, a foreign judgment - Think about actions that are:
merely constitute prima facie evidence
of the justness of the claim of a party o PERSONAL and IN PERSONAM
and, as such, is subject to proof to the
contrary. § Action for damages –
so when you say
damages, you are not
referring to title,
ownership, or
Combinations possession of real
property, its personal.
● An action in personam is not necessarily a IN PERSONAM because
personal action. Nor is a real action it is directed against the
necessarily an action in rem. An in defendant. You are
personam or an in rem action is a seeking personal
classification of actions according to the judgements against the
object of the action, A personal and real defendant. You want
action is a classification according to
him to pay damages.
foundation
o PERSONAL and IN REM

§ Declaration of nullity the case are not bound
of marriage – you are by that case, by the
not claiming title to or decision of the court in
possession of real that action.
property or any interest,
you just want your o REAL and IN REM
marriage to be declared.
You are filing that § Proceedings under the
against, for example, Property Registration
your husband. So, it’s Decree but not an
PERSONAL. BUT, it is IN action for reconveyance
REM, because the which is personal – Land
decree of the court in registration: because it
that proceeding is involves title to
binding against the property. And it is IN
whole world. Dili pwede REM because binding to
na inyuhang annulment the whole world ang
kay binding only decree ni court ordering
between sa inyuha the registration of the
duha, dili pwede sa land under the name of
gawas. So si X, dili man this specific applicant.
siya apil sa kaso, dili sila
annulled, so far X is
concerned. Action for declaration of nullity of marriage
o REAL and IN PERSONAM - An action for the declaration of nullity of

a marriage is a personal action (Tamano vs.
§ Forcible entry,
Ortiz, 291 SCRA 685; Romualdez-Licaros vs.
unlawful detainer,
recovery of possession – Licaros, 401 SCRA 762) because it is not
Diba real actions man ni founded on real estate. It is also an in rem
sila? Because they action because the issue of the status of a
involve title to or person is one directed against the whole
possession in interest in world. One’s status is a matter that can be set
real property or privity
up against anyone in the world. On the other
of real estate. Pero,
they are IN PERSONAM hand, an action for damages is both a
(meaning binding lang personal action and an action in personam.
siya against the parties)
kay you are seeking
from the defendant the
recovery of the Although possible nga sa declaration of nullity,
property, siya man ang ang court magliquidate sa property regime of
mu-deliver so property. the spouses, but it is just incidental to the case.
You are seeking The real controversy here is whether or not the
personal liability, or you marriage is null and void and should be declared
are seeking personal as such. It is binding against the whole world
judgements. Persons or because one’s status can be set up against
parties not impleaded in anyone in the world.

Now, in the case of Salandanan vs. Sps. Mendez. a) Trespasser, squatter or agent of the
Diba as we’ve said, when you say in personam, defendant fraudulently occupying the
the judgement of the court that case is binding property to frustrate judgment;
only against the parties to the case. Those who
are not impleaded are not bound by the So katong mga gipanginvite ni defendant nga
decision. But there are cases where even if “dali mo diri magtukod tag barong2x”. Apil to
you’re not a party to the case, you can be bound sila. They are bound by the judgment.
by a judgement in personam.
b) Guest or occupant of the premises with
the permission of the defendant;
Salandanan vs. Sps. Mendez
Iyahang mga bisita or mga boarders niya. Apil
sad na sila. They are also bound.
GR No. 160280, March 13, 2009
c) Transferee pendente lite;
When non-party may be bound by a
judgement in personam So example, during the pendency of the case, gi
transfer ni X (defendant) kay Y (third party) ang
- A judgement directing a party to deliver property. Y is bound by the judgment.
possession of a property to another is
d) Sublessee;
personam (but it is also a real action). xxx Any
judgement therein is binding only upon the Kung si X nagparenta siya, bound pud tong nag
parties properly impleaded and duly heard or renta.
given an opportunity to be heard. Even a non-
party may be bound by the judgement in an e) Co-lessee; or
ejectment suit where he is any of the
f) Member of the family, relative or privy
following: (a) trespasser, squatter or agent of of the defendant.
the defendant fraudulently occupying the
property to frustrate the judgement; (b) guest
or occupant of the premises with the
But before you are bound, as discussed in the
permission of the defendant; (c) transferee
case of Flyod vs. Gonzales, et al. (G.R. No.
pendente lite; (d) sublessee; (e) co-lessee; or 169047, Nov. 3, 2008), a hearing is A MUST to
(f) member of the family, relative or privy of determine the character of such possession.
the defendant.
Example:
Like gitransfer ni X sa imo ang property

pendente lite. So naa ka diha sa property then ni
ingon si A (plaintiff) nga pahawaon pud ka.
43:32 – 49:44 - RYAN Moingon is plaintiff (sa court) “pahawaa pud na
siya kay successor-in-interest na siya or privy na
Continuation of Salandanan v. Sps. Mendez siya ni X (defendant)”.
Even a non-party may be bound by the But in reality wala gyud kay idea. Dili ka lessee,
judgement in an ejectment suit where he is any dili ka guest, dili ka member of the family. In
of the following: fact, you are an innocent purchaser for value.
Lahi ang rule pag innocent purchaser for value.
As innocent purchaser for value, lahi imong

defenses. Kung unsa man tong defenses ni X, dili
ka bound ato kay innocent purchaser for value action because it must be filed in the court
man ka. which has territorial jurisdiction of the place
where the property or a portion thereof is
So, let us say, naa nay judgment sa case
situated.
between A and X. Dili ka bound by that
judgment bisan pag niingon didto sa previously - An example of a transitory action is a
mentioned rule nga bound ang mga transferee personal action.
pendente lite or successors-in-interest. That is
because you are not merely a privy or a mere - Transitory action is a personal action
successor-in-interest but you are an innocent because again it depends upon the residence
purchaser for value. of the plaintiff or the defendant.
So court hearing IS A MUST to determine the

character of your possession because you are
not impleaded in the case.
Another classification of action as to the place of SPECIAL PROCEEDING

filing.
(b) A criminal action is one by which the State
LOCAL or TRANSITORY ACTIONS prosecutes a person for an act or omission
punishable by law. (n)
LOCAL ACTION – is one which must be brought
(c) A special proceeding is a remedy by which a
in a particular place.
party seeks to establish a status, a right, or a
particular fact. (2a, R2)
An example of a local action is real action
because it must be filed in the court which has
territorial jurisdiction of the place where the
property or a portion thereof is situated.
Now let’s go to special proceedings. Let’s go to the
other distinctions because first if you remember our
TRANSITORY ACTION – an action which follows
previous lecture we distinguished a civil action from a
the party wherever he may reside. special civil action. So and then we classified actions
according to foundation according to object
49:45 - 59:33 - JOE according to whether transitory or local. Now we
distinguished civil actions from criminal actions
Now another classification of actions as to the place although it’s already mentioned in Rule 1.
of filing of the action.
So a criminal action is one by which the state
prosecutes a person for an act or omission
punishable by law so as to distinguish from a civil
Local or Transitory Actions action, when you say civil action individuals against
other individuals. Although there are cases na
- A local action is one which must be individual against an agency, tribunal like in an
brought in a particular place. A transitory special civil actions certiorari and prohibition
mandamus. So in a civil action we are only talking of
action is an action which follows the party
civil liability walay imprisonment walay fines walay
wherever he may reside.
accessory penalty or civil indemnification,
disqualification pero sa criminal action as a general
- An example of a local action is a real rule aside from the criminal liability na imprisonment
fines, accessory penalties naa pud civil liability. It is

because under Article 100 of the RPC every person
criminally liable is also civilly liable. So ang criminal
(a) Settlement of the estate of deceased
action is governed by the rules on criminal procedure
persons;
which you already discussed in civil action governed
by civil procedure which we are now discussing.
(b) Escheat;
Now, a special proceeding as distinguished from a
(c) Guardianship and custody of children;
civil action naman in a special proceeding wala kay
kalaban it’s just a remedy by which a party seeks to
(d) Trustees;
establish a status a right or a particular fact. Ang
special proceedings these are the ones mentioned
(e) Adoption;
under Rule 72 Section 1 of the Rules of Court. So mao
ni sila. Settlement of the estate of deceased persons (f) Rescission and revocation of adoption;
kinang namatay na siya and then okay lang kung
walay properties na wala kay i-settle pero kung datu (g) Hospitalization of insane persons;
siya or naa siya properties you need to file cases noh
to settle the estate kay nay mga utang na imong heirs (h) Habeas corpus;
lahi ug claim so settlement of estate.
(i) Change of name;
Escheat unsa man ng escheat kina na siyang if a
person dies niya wala siyay last will and testatement (j) Voluntary dissolution of corporations;
niya wala siya heirs kung mo ingon kag wala siyay
heirs wala siyay relatives in the direct line kinang (k) Judicial approval of voluntary recognition
direct line mga papa mga parents, grandparents, of minor natural children;
great grandparent pataas or children , grandchildren
or great grandchildren ug wlaay siyay relatives within (l) Constitution of family home;
fifth consanguinity so his considered who have died
without heirs. Unsa may mahitabo sa iyang mga (m) Declaration of absence and death;
properties karun asa maadto? It will be taken by the
state by a procedure here is escheat proceedings that (n) Cancellation or correction of entries in the civil
is a special proceeding. registry.
Guardianship and custody of children so again special

proceeding gihapon na siya. Trustees, adoption,
rescission and revocation of adoption, hospitalization
of insane persons, habeas corpus, change of name,
voluntary dissolution of corporations, judicial
approval of voluntary recognition of minor natural
children, constitution of family home, declaration of DISTINCTIONS: ORDINARY CIVIL ACTIONS AND
absence and death, cancellation or correction of SPECIAL PROCEEDINGS
entries in the civil registry these are special
proceedings. - Action is the act by which one sues another in
a court of justice for the enforcement or
protection of a right, or the prevention or redress
of a wrong. Special proceeding is the act by which
one seeks to establish the status or right of a party,
What are the special proceedings under the Rules or a particular fact. Hence, an action is
of Court? distinguished from special proceeding in that the
former is a formal demand of a right by one
Rule 72, Sec. 1. Subject matter of special against another, while the latter is but a petition or
proceedings. Rules of special proceedings are a declaration of a status, right or fact.
provided for in the following cases:

So as to distinguish no when you say civil action particular fact that will be governed by the rules on
whether ordinary or special civil action so one special proceedings which you will discuss in third
sues another in court for the enforcement or year second sem. Now in ordinary civil actions
protection of a right or the prevention or redress pleading is required when you say pleading we have
of a wrong. Diba we discussed that but when you the complaint, answer we have the reply third fourth
say special proceeding you always seek to etc. party complaint, cross claim so those are
establish a status or a right or a particular fact. examples of pleading nay specific form prescribed by
So here in a civil action this is a formal demand the Rules of Court kung unsa ang pleadings.
you file a complaint but in a special proceeding
you just file a petition for the declaration of a We will discuss this also special proceeding no formal
status of a right. Like for example civil action pleadings are required unless the statutes so provide
mag file kag case against A for specific so in special proceedings the remedy is granted by a
performance okay you file a complaint so naa petition, application or motion. In civil actions they
kay kalaban you want himeto perform. But in a can be tried by courts of general jurisdiction special
special proceeding like adoption wala kay proceedings can only be tried by courts of special or
kalaban diha gusto lang nimo ipa declare si child limited jurisdiction so like for example declaration of
as having a status of one who is legally available nullity of marriage only the family court adoption
for an adoption and then proceedings para you family court so dili lang court of general jurisdiction
will be legally adopted and who be considered as acting in general capacity.
the legitimate child of the adopters so walay
kalaban walay kaaway in a special proceeding. Probate courts they hear and decide proceedings for
the settlement of the state of a deceased person or
Table showing the distinction between ordinary civil probate proceedings so limited lang gyud ang ilang
actions and special proceedings again when you say jurisdiction they cannot take cognizance of issues
ordinary civil actions a formal demand of one is right which are outside of their jurisdiction like for
in a court of justice in a manner prescribed by the example in a probate court it cannot take cognizance
court or the law so these are the one we discuss in of issues pertaining to ownership of property
civil procedure. although it may be involved but dili gyud siya
conclusive meaning even if the probate court will
touch upon issues of ownership but the same issue
can be raised in another proceeding instituted
Ordinary Civil Actions Special Proceedings
precisely for that purpose walay res judicata. Now, in
ordinary civil action there are two definite adverse
An action is a formal A special proceeding in parties: the party who demands a right which is
called the plaintiff or the complainant and the other
demand of one’s right an application or
whom against the right is sought is called the
in a court of justice in proceedings which defendant. In a special proceedings lahi ang tawag sa
the manner prescribed establish the status or ilaha so there is a definite party petitioner the one
by the court or by law. right of a party, or a who files the petition or who makes the application
particular fact. but there’s no definite adverse party because the
proceeding is binding against the whole world. So
directed against the whole world like you want to
Pleadings are required. No formal pleadings have your marriage declared as null and void
required unless the although ang imohang kalaban filan nimo imong bana
statute expressly so or asawa noh pero its actually directed against the
whole world. Adoption proceedings so these are
provides. In special
some examples of special proceedings. So in ordinary
proceedings, the
civil action as I have said there is a complaint but in a
remedy is granted special proceeding there is a petition. So example sa
generally upon an distinction in the case of Natcher vs. Court of Appeals
application or motion. here the Supreme Court discuss na an action for
reconveyance and annulment with damages is a civil
action whereas actions relating to settlement of the
Special proceeding it is an application or proceeding
estate of a deceased person such as advancement of
to establish the status or right of a party or a

property made by the decedent partake of the
There are two definite While there is a definite
nature of a special proceeding which concomitantly
adverse parties: the party petitioner (the
need the application of the specific rules as provided
party who demands a one who files the
in the rules of court.
right, called a plaintiff, petition/application),
and the other whom there is no definite
the right is sought, adverse party as the
called a defendant. proceeding is usually
55:55 - 59:32
considered to be
(NASABI NA ITO SA TAAS PARANG NASALI NI JOE)
against the whole
world. (read example
DISTINCTIONS: ORDINARY CIVIL ACTIONS AND below)
SPECIAL PROCEEDINGS
A complaint is filed A petition is filed.
● Action is the act by which one sues
another in a court of justice for the DISCUSSION: For declaration of nullity of marriage or
enforcement or protection of a right or adoption, only the Family Court has jurisdiction.
the prevention or redress of a wrong. Probate Courts hear and decide proceedings for the
Special proceeding is the act by which one settlement of the estate of a deceased person or
seeks to establish the status or right of a probate proceedings- limited lang ang ilahang
party, or a particular fact. Hence, an jurisdiction. They cannot take cognizance on issues
action is distinguished from special outside their jurisdiction. Example: a probate court
proceeding in that the former is a formal cannot take cognizance of cases pertaining to
demand of a right by one against another, property, although it may be involved. But dili gyud
while the latter is but a petition or a sya conclusive. Meaning, even if the probate court
declaration of a status, right or fact. will touch upon issues on ownership, the same issue
can be raised in another proceeding, instituted
precisely for that purpose - there will be no res
judicata.
ORDINARY CIVIL SPECIAL PROCEEDINGS While there is a definite party petitioner (the one who
ACTIONS files the petition/application), there is no definite
adverse party as the proceeding is usually considered
An action is a formal A special proceeding is
to be against the whole world.
demand of one’s right an application or
in a court of justice in proceeding to establish
EX: Like you want to declare your marriage null and
the manner prescribed the status or right of a
void, file-an nimo imong bana/asawa pero it is
by the court or by the party, or a particular
actually directed against the whole world. The same
law fact (to be governed by
is true for adoption proceedings. These are examples
the Rules on Special
of special proceedings.
Proceedings)
Pleadings are required No formal pleadings are

required unless the
kate 59:33-1:03:05
statute expressly so
provides. In special
proceedings, the
remedy is granted
generally upon an
application or motion.
Can be tried by courts Can only be tried by

of general jurisdiction courts of special or
limited jurisdiction
(read discussion below)

Natcher vs. Court of Appeals
among the heirs, are you really a child of the
G.R. No. 133000, October 2, 2001. decedent, is your brother really an heir, were there
properties given to you during the lifetime, and then
An action for reconveyance and annulment of title that's where it will be determined if the properties
with damages is a civil action, whereas matters acquired by the brother were really in excess and you
relating to settlement of the state of a deceased were deprived.
person such as advancement of property made by
the decedent, partake the nature of a special chiara 1:03:06-1:06:38
proceeding, which concomitantly requires the
application of specific rules as provided for in the Ang imong brother tinood ba jud siya na anak, naa ba
Rules of Court. gipanghatag sa inyuha during the lifetime (of the
deceased). And the diha pa ma compute if sobra bas
Clearly, matters which involve settlement and a iyaha and ikaw ba deprived. It is only the probate
distribution of the estate of the decedent fall court that can do that.
within the exclusive province of the probate court
in the exercise of its limited jurisdiction. In Ching vs. Rodriguez, nag file siya og ordinary civil
action before the regular courts. The caption of his
case was for “Disinheritance, Declaration of Nullity of
Payment and Waiver, and the Affidavit of
FOR EXAMPLE: You are filing a case because you Extrajudicial Settlement, Deed of Absolute Sale,
want to recover your inheritance against your sibling. Transfer Certificate of Title, with prayer for the
Maybe your inheritance consists of a parcel of land Issuance of a Temporary Restraining Order and Writ
so you file a case for reconveyance, so you want the of Preliminary Injunction.”
property returned to you, and maybe annulment of
title because the land was titled under the name of In the complaint, the plaintiff alleged that the
your sibling, but the premise in your filing of the defendant Ramon misrepresented himself as the son
complaint is that you are one of the heirs of the of the decedent when, in truth and in fact, dili siya
property and the land registered under the name of anak. He was just adopted in the sense that his birth
your brother is your inheritance and he has to convey certificate was merely simulated. Dili man na siya
that to you because it is not his but yours. Although legal adoption diba. As also discussed in Criminal
he is entitled to an inheritance, he already has more. Law, simulation of birth is a crime. Ang proper
The properties titled under his name are already procedure is dapat mag file for petition for adoption.
more than his rightful inheritance. That's your prayer.
But what is that? Is that a civil action or a special Anecdote on Simulation of Birth
proceeding? The Supreme Court said matters which Ma’am shares a story that a client recently called her
involve settlement and distribution of the estate of up to make an affidavit saying that the client was
the decedent (or the deceased) fall within the adopting a child and Ma’am explained that this was
exclusive province of the probate court in the not allowed because the proper procedure was to file
exercise of its limited jurisdiction. a Petition for Adoption. Although there are those na
ibutang nila diretso ilang pangalan sa birth certificate,
In that case, if you filed an ordinary civil action which is not allowed. This is simulation of birth. So,
against your brother for reconveyance and dili gyud nako himoon ang affidavit unya notaryuhan
annulment of title, it will be dismissed because the pa gyud.
regular courts do not have jurisdiction over matters
pertaining to the termination of shares, advancement Here, the allegation in the complaint was murder of
in inheritance. It cannot be decided by regular courts. the decedent. The decedent here actually died of
You should not file a civil action. You should file the stab wounds. So Ramon was allegedly one of the
special proceeding with the probate court. Special suspects. So ipa disinherit daw siya and ang Affidavit
proceeding for the settlement of the estate of the of Extrajudicial Settlement should be declared null
deceased because the land cannot be reconveyed to and void.
you just by following the Rules, or just by using the
applicable laws that are within the jurisdiction of the Gi-file ni siya sa regular court as an ordinary civil
probate court. Before you can say that share is yours, action. The defendendant here said walay jurisdiction
you must first determine the total estate of the ang regular court because it is only the probate court
decedent, the debt, and what is left for distribution

who can determine who are the heirs of the
petition and not a complaint should be filed.
decedent, whether or not the waiver of hereditary
rights is valid, the status of the heir [is valid], and
whether the property is conjugal or exclusive
property of the deceased spouse. Dapat sa probate
court daw gi-file. So the defendant prayed for the 1:06:39-1:10:11 Marianne
dismissal of the action.
Although there is an inclusion in the caption in
the prayer of disinheritance, the SC said that
● The petitioners argue that only a probate when you say disinheritance, it could only be a
court has the authority to determine (a) question when there is a will. When you go to
who are the heirs of a decedent; (b) the succession in 3rd year, a valid disinheritance can
validity of a waiver of hereditary rights; only be made in a valid will. However it was
(c) the status of each heir; and (d) never alleged in the complaint that there’s a will,
whether the property in the inventory is wherein Ramon is disinherited.
conjugal or the exclusive property of the
deceased spouse. Further, the extent of So, the SC here made a distinction between a
Antonio's estate, the status of the special proceeding and an ordinary civil action.
contending parties and the respondents' We already discussed the distinction.
alleged entitlement as heirs to receive the
proceeds of Antonio's CPPA now in
Metrobank's custody are matters which Under Article 916 of the NCC, disinheritance
are more appropriately the subjects of a can be effected only through a will wherein the
special proceeding and not of an ordinary legal cause therefore shall be specified. This
civil action. Court agrees with the RTC and CA that while
the respondents in their complaint sought the
disinheritance of Ramon, no will or any
The Supreme Court said here, how do you determine instrument supposedly effecting the disposition
whether or not a court has jurisdiction over the case? of Antonio’s estate was ever mentioned.
Based on the allegations in the complaint. When you Hence, despite the prayer for Ramon’s
look at the allegations in the complaint here, it disinheritance, Civil Case No. 02-105251 does
actually makes out an ordinary civil action because it
not partake of the nature of a special
just prayed for reconveyance of property and
proceeding and does not call for the probate
annulment of title, plus damages. Although there is
an inclusion of a prayer for disinheritance, the court’s exercise of its limited jurisdiction.
Supreme Court said that when you say
disinheritance, it can only be a question when there
is a will.
Under Article 916 of the NCC, disinheritance can
be effected only through a will wherein the legal
HELD: An action for reconveyance and annulment
cause therefore shall be specified. So here, while
of title with damages is a civil action, whereas in the complaint, there is an inclusion of the
matters relating to settlement of the estate of a inheritance of Ramon, no will or any instrument
deceased person such as advancement of property supposedly affecting the disposition of Antonio’s
made by the decedent, partake of the nature of a estate was ever mentioned. Despite the prayer
special proceeding, which concomitantly requires for Ramon’s disinheritance, it does not partake of
the application of specific rules as provided for in the nature of a special proceeding and does not
the Rules of Court. A special proceeding is a call for the probate court’s exercise of its limited
remedy by which a party seeks to establish a jurisdiction.
status, a right, or a particular fact. It is
distinguished from an ordinary civil action where a If you read the complaint, it was just for the
party sues another for the enforcement or reconveyance and annulment of title.
protection of a right, or the prevention or redress
of a wrong. To initiate a special proceeding, a

that someone died and then he left heirs; he has
HEIRS OF YAPTINCHAY V. DEL ROSARIO
obligations. So, you’re praying that in the
GR 124320, March 2, 1999 meantime that the estate has not yet settled; we
are still to determine his obligations and settle it.
We will appoint an administrator who will oversee
the estate of the decedent.
· Can a declaration of heirship be made in a
civil action? Now, someone opposed that petition. He filed a
o NO. The trial court motion to dismiss for lack of compliance of a
conditional precedent on the ground that Article
cannot make a declaration of 222 of the Civil Code was not followed.
heirship in the civil action for
the reason that such a
declaration can only be made
in a special proceeding.
What is that provision about?
· Art. 222. No suit shall be filed or

maintained between members of the same
Can a declaration of heirship be made in a civil family members of the same family unless it
action? should appear that earnest efforts toward a
compromise have been made, but that the
I think we discussed this already. It cannot be
same have failed, subject to the limitations in
done because again the declaration of heirship is
within the jurisdiction of the probate court. The Article 2035.
settlement of estate is under the probate court,
part of the settlement of the estate is the
declaration of heirship so that the probate court
can determine to whom should the estate be
Remember, if it is an ordinary civil action and
distributed, so if you are not an heir, you are not
then suits between the members of the family
entitled in the participation. So it should be made
there should be an allegation that despite
in a special proceeding.
earnest efforts, the conflict was not settled.
So that allegation was not included for the

settlement of the estate according to the
MANALO vs. CA oppositor – it is also a ground for dismissal of the
GR 129242, January 16, 2001 action. Dapat tagaan gihapon nato siya ug
chance nga magsettle kay members lang
· Pilar Vda. De Manalo filed a Petition for gihapon na sila sa same family so lain kayo nga
Issuance of Letter of Administration, mag abot sila ug korte, mag away-away.
Settlement and Distribution of Estate. The
oppositors filed a motion to dismiss for lack of
compliance of a conditional precedent on the HELD:
ground that Article 222 of the Civil Code was
not followed. · Article 222 is applicable only to ordinary
civil actions. The provision is applicable only to
ordinary civil actions which are essentially
adversarial and involve members of the same
Here, it is a petition for issuance of letters of family. The petition in this case is a special
administration, settlement and distribution of proceeding.
estate. Clearly, it is a special proceeding.
So, is that applicable? The SC held that Art. 222
Now, someone opposed, what is the object in the is only applicable to ordinary civil actions which
settlement of estate? Actually, you just alleged are essentially adversarial and involve members

of the same family.
death an ordinary civil action or a special
1:10:12-1:13:44
proceeding?
What is that provision about? We encountered the term “presumptive death” in

persons and family relations. This is when your
spouse was missing for how many years and you
Art. 222. No suit shall be filed or maintained are planning to get married again. Dili ka sure
between members of the same family unless it kung buhi pa siya or patay na siya and you
should appear that earnest efforts toward a cannot presume on your own that your spouse is
compromise have been made, but that the already dead. So, it will be declared by that
same have failed, subject to the limitations in court.
Article 2035.
If ordinary lang, it will be 4 years. If it is
extraordinary, 2 years. You have to file a petition
for declaration of presumptive death.
Remember: Pag ordinary civil actions then suits This is also present in succession. Naay tao na
between members of the family, there must be daghan kayo siyang properties unya kamo kay
an allegation that despite earnest efforts, wala wala moy makaon unya wala na pud siya
jud na settle. nagpakita sa inyuha. You don’t know whether he
was still alive or not. After 10 years, you can be
So wala daw na siya nakabutang sa petition for presumptively dead. Considered presumptively
the settlement of the estates, according to the dead for the purpose of succession.
oppositors, kay ground sad ni siya for dismissal
of the action. Dapat tagaan nato siya ug chance
to settle since they are members of the same 1:13:45-1:17:17
family.
Is that applicable? REPUBLIC vs. COURT OF APPEALS

G.R. No. 163604, May 6, 2005
The SC said No.
● Is an action for declaration of presumptive
Art. 222 is applicable only ordinary civil action. death an ordinary civil action or a special
Civil actions are essentially adversarial so if it proceeding?
involved members of the same family, as much
as possible, we have to settle that between and ❏ Take note that Rule 72, Sec.
among themselves at first. Kung wala na gyud 1(m) includes “declaration of
pag-asa, then that’s the time we file it in the absence and death” as one of
court.
the special proceedings.
But here, this is not a civil action. this proceeding
❏ However, under Article 41, par. 2
is not adversarial. Settlement of estate is not
adversarial because it is a special proceeding. of the Family Code, for the
Therefore, Art. 222 is not applicable. You do not purpose of contracting the
need to allege that earnest efforts towards a subsequent marriage under the
compromise have been made, but the same preceding paragraph, the spouse
have failed. present must institute summary
proceedings for the declaration of
presumptive death of the
REPUBLIC vs. CA absentee,without prejudice to the
effect of the reappearance of the
GR. 163604 May 6, 2005 absent spouse.
- Is an action for declaration of presumptive

DISCUSSION:.So, after 10 years, he can be
considered as presumptively dead for the
ISSUE:
purpose of succession. Katong mga heirs nga
mabilin pwede na sila magbahin-bahin sa
The principal issue in this case is whether a
iyahang properties. Or after 5 years, if he
petition for declaration of the presumptive
disappeared at the age of 75 years.
death of a person is in the nature of a special
proceeding. If it is, the period to appeal is 30
Question: Unsa man na special proceeding or
days and the party appealing must, in addition
ordinary civil action?
to a notice of appeal, file with the trial court a
record on appeal to perfect its appeal.
Answer: Rule 72, Sec. 1(m) includes
Otherwise, if the petition is an ordinary action,
“declaration of absence and death” as one of the
the period to appeal is 15 days from notice or
special proceedings.
decision or final order appealed from and the
appeal is perfected by filing a notice of appeal
However, Under Article 41 of the Family Code, (Section 3, Rule 41, Rules of Court).
for the purpose of contracting subsequent
marriage, the spouse present must institute a
summary proceeding as provided in the Code for DISCUSSION: Lahi ang mag-apply nga rules. If
the declaration presumptive death without it is a special proceeding, the appeal is 30 days.
prejudice to the effect of a reappearance of the The party appealing must in addition to a notice
absent spouse. of appeal file it with the trial court and file a
record in appeal to perfect its appeal. If the
Lahion nato ha. For the purpose of remarriage, petition is an ordinary action, the period to
you have to institute a proceeding for the appeal is 15 days from notice or decision or final
declaration of presumptive death but that will not order appealed from.
be covered by the rules of court. It will be
governed by the Family Code. It’s a summary Diha pud magmatter. You have to know if special
proceeding. proceeding ba siya or ordinary civil action kay
lahi-lahi pud an reglementary period to appeal.
Now, under the Rules of Court, the declaration of
absence and death, this is what we call a special
HELD:
proceeding. But for the purpose of declaration of
death, in succession actually, it’s not required na
If it is a petition for the declaration of
magfile ka ug petition in court for the declaration
presumptive death for purposes of
of absence and presumptive death if mao lang
succession, it is a special proceeding. If it is a
na siya imuhang purpose na just to declare him
summary proceeding for declaration of
presumptively dead. Because according to the
presumptive death for the purpose of
Supreme Court, it is already presumed by law.
remarriage, it is an ordinary action.
You can already invoke that.
For example, naa kay claim sa SSS. Nawala

imuhang simbako imong asawa or bana more
than 10 years na siya. So, under Article 390 and 1:17:18 – 1:20:50
391 of the Civil Code, presumptive death na
kung nag-arise na to siya na circumstances he’s
already considered as presumptively dead. The
SSS here cannot refuse give the death benefits
unless, you filed first a petition in court for the
declaration of presumptive death. Di na siya Held:
required as clarified by the Supreme Court.
Pero kung naay pa kay another purpose aside

from the declaration of the presumptive death If it is a petition for declaration of presumptive
then, it’s a special proceeding. It will be governed death for purposes of succession, it is a
by the Rules of Court. Again, for the purpose of
special proceeding.
remarriage, it’s a summary proceeding under the
Family Code.

within the reglementary period and imo pag file).
The petitioner hereby gives notice that he/she is
appealing from the order of the court dated xx.” –
So mao na sya ang notice of appeal.
If it is a summary proceeding for declaration of
presumptive death for purpose of remarriage,
it is an ordinary action.
Pero ang record on appeal man gud, if it is a
special proceeding, extensive na ang record on
appeal – murag gi summarize jud nimo ang kaso
ana. You have to cite what happened in the
If it is a summary proceeding for declaration of case, what pleadings are filed, you have to cite
presumptive for purpose of remarriage, it is an the decision, the reasons why the decision is
ordinary action governed by the Family Code – wrong. Taas sya, that is why 30 days is given if it
so the period to appeal is 15 days (not 30 days). is a special proceeding because the SC
considers the extensive nature of the record on
appeal.
There is no doubt that the petition (in this

case) is a summary proceeding under the Again, because it is a summary ordinary
proceeding, it does not require the filing of a
Family Code, not a special proceeding under
record on appeal. The mere filing of a notice of
the Revised Rules of Court appeal which calls appeal would be sufficient to perfect the appeal.
for the filing of a Notice of Appeal from the trial
court’s order sufficed.
Liquidation of an insolvent corporation
Also, it does not require a record on appeal – it

just calls for a notice of appeal. A petition for liquidation of an insolvent
corporation should be classified a special
proceeding and not an ordinary action. Such
petition does not seek the enforcement or
Why? Because lahi man gud ang hitsura anang
Notice of Appeal. protection of a right nor the prevention or
redress of a wrong against a party. It does not
pray for affirmative relief for injury arising from
a party’s wrongful act or omission nor state a
So kung muingon ka’g summary proceeding sya cause of action that can be enforced against
under the Family Code, it will be governed by any person. (Pacific Banking Corporation
Rules on Ordinary Civil Actions. So, 15 days to Employees’ Organization vs. CA, 242 SCRA
appeal.
492 (1995); Natcher vs. CA, 366 SCRA 385
(2001))
And for you to appeal, you merely have to file a

notice of appeal.
Q: Why is this classified as a special
proceeding?
Ang notice of appeal, pwede ra na sya isa ka- Because wa man kay kalaban aning liquidation
page na document. Muingon lang ka na, of an insolvent corporation. You merely seek for
“petitioner (o kung adverse party man ka) the declaration of that corporation having the
received a copy of the order of the court on this status of an insolvent corporation.
date (*date needs to be alleged to know if it is

liquidation of an insolvent corporation. Kani naman is
interim rules for intra-corporate controversies. Unsa
Following that, you liquidate its assets, then you man ang nature of these cases? Are these special
determine its creditors so that you will know kung proceedings or are these ordinary civil actions? RTC
pila nalang sa assets ang naa. Kay even if you gihapon ni sila diba.
say insolvent, naa man gihapon na syay assets.
Kaya lang its liabilities kay mas daghan na kaysa These cases either seek the recovery of
saiyang assets. Pag daghan na ang utang kaysa damages/property or specific performance of an act
sa assets, syempre dili tanan imong mabayran. against a party for the violation or protection of a
Okay lang kung mas daghan imong assets kaysa
right. Kani man gud intra-corporate controversies,
sa utang – walay problema kay mabayran man
naa ka’y kaaway diri. It’s either ikaw ug imong
na nimo tanan.
kauban na stockholders, or ikaw ug ang members of
the board, or ikaw ug another corporation. So nay
controversy here. So when you say special
That is why you have to institute insolvency proceeding, there is no controversy. You just seek to
proceedings para insolvent na sya – kulangan na establish a status, a right, or a particular fact. So
jud iyang assets to pay off its obligations. So naa ordinary civil action siya.
nakay priorities ana.
A.M. No. 00-8-10-SC
Effective: September 4, 2001
1:20:51 – 1:24:23 Millan On the other hand, a petition for rehabilitation,
the procedure for which is provided in the Interim
I don’t know if you have already encountered the Rules of Procedure on Corporate Recover, should
rules on concurrence on preference of credits. Dira be considered as a special proceeding. It is one
man gud i-determine kinsa ang preferred creditors. that seeks to establish the status of a party or a
particular fact.
A petition for liquidation of an insolvent
corporation should be classified as a special Pareha ni siya sa katong liquidation of an insolvent
proceeding and not an ordinary action. Such corporation. Wala ka’y kaaway. There’s no
petition does not seek the enforcement or controversy but the corporation is, again, insolvent, it
protection of a right nor the prevention or redress needs rehabilitation, it needs receivership, so it’s a
of a wrong against a party. It does not pray for special proceeding. It seeks to establish the status of
affirmative relieve for injury arising from a party’s a party or a particular fact. So here, you seek to
wrongful act or omission nor state a cause of establish the status of the corporation as insolvent or
action that can be enforced against any person. distressed or needing rehabilitation. This is not an
[Pacific Banking Corporation Employees’ ordinary civil action.
Organization v. Court of Appeals, 242 SCRA 492
(1995); Natcher v. Court of Appeals 366 SCRA 385
(2001)]. Arbitration
Under the Special Rules of Court on Alternative
Dispute Resolution (Special ADR Rules), all
A.M. No. 00-8-10-SC proceedings under the Special ADR Rules are
Effective: September 4, 2001 special proceedings. (Rule 1.2)
The cases covered by the Interim Rules for Intra- Under Republic Act 9285, or the Alternative
Corporate Controversies should be considered as Dispute Resolution Law (ADR Law), proceedings for
ordinary civil actions. These cases either seek the recognition and enforcement of an arbitration
recovery of damages/property or specific agreement or for vacation setting aside, correction
performance of an act against a party for the or modification of an arbitral award, and any
violation or protection of a right. XXX application with a court for arbitration assistance
and supervision shall be deemed as special
proceedings.
So remember katong sa pikas na we discussed

1:24:24-1:27:56 BOLO you cannot go to court directly para magfile ug kaso.
You have to exhaust the process of arbitration. So,
Read second paragraph of the slide mao ni siya ang governed sa RA No. 9285, kaya lang
be careful because ang arbitration wala pay
You remember your obligations and contracts diba in accredited arbitrators diri sa Davao City. Naa lang na
a contract you stipulate there the terms and siya sa Manila karon. Unya, mahal ang arbitration. I
conditions. You remember the rule on mutuality of think naa ko isa ka case noh bayad pa lang sa
contract? What do you mean on the rule of mutuality arbitrator 3M na. And then, kung imong client kay
of contract? naa lang 1 hectare na yuta. I was a lawyer of a
multinational company so syempre we entered into a
That the contract is binding against both parties. As a contracts with farmers. We lease their lands. Naay
consequence of that, neither party, on his or her ubang tig 1 hectare.
own, can declare the termination of the contract,
modification or the amendments.
khayzee 1:27:57-1:31:29
So dili pwede na, si A ug si B nag enter into a
contract. Sunod si A magbuot na cancelled na ang My client was a multinational. We entered into
contract or kung lease man na siya magingon si lessor contracts with farmers to lease their lands. Before pa
na itaas ang rental unya walay escalation clause sa ko naabot, naa na tong arbitration clause.
contract ingon lang na 10k per month, magbuot lang “Arbitration shall be held in a proper venue in Hong
siya na 10k. He cannot modify or amend the contract, Kong…” mga ana. So kung imong cliente wala nag
dapat because the contract is a product of mutual basa sa contract prima diretso kay five years ang
consent, anything in the contract should be by reason lease, dako pud na siya na kwarta sa rentals. Unya
of mutual (consent), kung naa kay ienforce na pag magka problema na, magfile ka og kaso; unya dili
outside sa provisions sa contract, dapat mu consent man diay ka pwede magfile og kaso kay mag
si pikas. arbitration pa ka and muadto pa ka Hong Kong para
lang mag arbitration. Lisud magfile og case.
There is also a provision if you remember na, party
cannot decide on his own the validity of the contract This is arbitration – it is a special proceeding.
but you can refer that to a third party. So example of
that is an arbitration clause in a contract. Usual ni It will not be governed by the rules on ordinary civil
siya sa mga contract. So for example noh if and when actions.
you become lawyers and you will be asked to draft
contracts for your clients so part ni siya usually sa So, kung naay award napud ang arbitration and ipa-
mga contract, naay arbitration clause. enforce nato, that is also a special proceeding. It is
not governed by the ordinary rules of court.
Unsa man ng arbitration clause?
Like, in case of any issue or controversy, arising from Section 4, Rule 1

the implementation and interpretation, enforcement
of this contract, such issue or controversy or conflict
shall be referred to an arbitrator or a panel of Rule 1, Section 4. In what case not applicable. —
arbitrators who shall decide and whose decision shall These Rules shall not apply to election cases, land
be binding and final and executory. Mao na siya ang registration, cadastral, naturalization and
usual provision sa arbitration clause. insolvency proceedings, and other cases not herein
provided for, except by analogy or in a suppletory
So, kung naay ingana na clause ang inyong contract, character and whenever practicable and

convenient. value.
DISCUSSION: So aside from what we have discussed DISCUSSION: Ang issue diri was the presentation of
so far on where we do not apply the rules on evidence.
ordinary civil action, so above are the other cases of
special proceedings: Sa ordinary civil actions man gud, as a general rule,
evidence not offered shall not be considered in court.
Election cases - the COMELEC has its own rules of Unsa man nang “offer”? Kung naa ka kaso, diba mag
procedure tawag ka og witnesses. So if testimony, tao ang
imong ipa testify. Before he testifies, i-offer nimo
Land registration – Naa puy rules of procedure ang iyang testimony. So, “Your Honor, I am offering that
Register of Deeds. Aside from that, if it is a case to be testimony of Juan dela Cruz for the purpose of
filed in court, like judicial application for titling, lahi proving the existence of a contract, etc.” Kung wala
pud ang rules. Naa gihapon sa Rules of Court pero dili ka nag-ingon og any offer, walay pulos iya testimony,
sa Rules on Civil Procedure. bisan pa 10 hours siya nag testify in court.
Cadastral proceedings – the same as in land

registration
Naturalization – dili ang rules of court ang mag apply 1:31:30 - END (Althea)
…wala to syay pulos iyahang testimony, bisan

Insolvency – you have the Interim Rules for Intra- pag ikapulo pa sya ka oras nagtestify in court,
Corporate rehabilitation wala to syay pulos. You will learn that in your
evidence.
Other cases not herein provided for, except by
During the course of the testimony, nag identify
analogy or in a suppletory character and whenever
syag documents. Katong mga documents
practicable and convenient – what are these cases? naman, ioffer pud to nimo sya separately.
Although apil sya sa testimony ni witness, and
See the case of Ong Chia versus Republic. the testimony was already offered, pero you
need to also formally offer separately the
documents. Before, in writing na sya, 'formal
Ong Chia vs. Republic offer of documents'. Pero karon, verbal na under
GR No. 127240, March 27, 2000 the new rules. Although kung daghan pud kaayo
kay documents na ioffer, the court will allow you
to make a written formal offer kay mahurot ang
Naturalization proceedings ibuok adlaw sa court kung sige lang kag present
verbally.
Ong Cha was granted naturalized citizenship by
Regional Trial Court. For the first time on appeal, Kung wala ka nag formal offer, bisan pag gi-
identify siya, gi-mark during the testimony, dili na
the Solicitor General presented evidence showing siya iconsider sa court. That's the general rule,
that Ong Chia is not fit to be a Filipino citizen although there are exceptions, but again, seldom
because he violated or fell short of legal lang gina allow sa court ang exception.
requirerements relating to naturalization. Ong Hcia
objected to such evidence on the ground that the Now in this case, walay formal offer of evidence.
So nagpresent sya ug witnesses, pero katong
documents, which had merely been annexed by mga documents to support the petition for
the State to its appellant’s brief and not having naturalization, wala giformally offer. So according
been presented and formally offered as evidence, to the oppositor, they are mere scraps of paper
are mere scraps of paper devoid of any evidentiary devoid of any evidentiary rule. Is that proper?

Basis for Ong Chia's contention: Rule 132, filing of the complaint in court. Diha pa sya
Section 34 of the Rules of Court considered commenced. Why do we have to
state this under the Rules of Court? Is it not
Section 34. Offer of evidence - The Court shall obvious ba na kanus-a sya nacommence and
consider no evidence which has not been why do you need to know nganong kanus-a sya
formally offered. The purpose for which the nacommence? Because we have the rule on
evidence is offered must be specified. prescription of actions. So kung nagfile ka ug
case 11 years after the cause of action accrued,
The Supreme Court said here: wala na, dismissible on the ground of
prescription. That's why you have to know when
The rule on formal offer of evidence is not technically is a civil action commenced.
applicable to the present case. Why? Because
this is a petition for naturalization. The only Now, for example naay additional defendants na
instance when the rules may be applied by gi-implead, so naulahi, gi-amend nimo imong
analogy or suppletorily is when it is complaint. So as to him (the additional
"practicable and convenient". That is not the defendant), the complaint is deemed initiated on
case here because reliance upon the documents the date as of the filing of your amended
presented by the State for the first time on complaint.
appeal in fact appears to be the more practical
and convenient course of action considering the So kung for example sa pagfile nimo ng
decisions in naturalization proceedings are not complaint against kay A, within the prescriptive
covered by the rules on res judicata. (It doesnt period pa sya, and then pagfile nimo ug
mean ha na pag gi-approve ang imong petition compalint against kay B kay nilampas na diay
for naturalization, res judicata na na sya. (kay lahi man ang determination diba?) So it is
Meaning, even if it attains finality it cannot be possible na as to B prescribed na, but not in the
modified anymore. Subject gihapon na for case against A. So irrespective of whether the
review. kay basin diay after mo naapprove kay motion for its admission, if necessary, is denied
diha pa nigawas imong kabuang, so pwede by the court.
gihapon na sya marevoke. So it's not subject to
the rule on res judicata). So a civil action is commenced by the filing of the
complaint in court. So that's the principle that you
Consequently, a final favorable revocation of the have to remember. And of course it's not just the
grant of naturalization does not preclude the commenced by the filing of the action. Even if
State from later on moving for the revocation of you filed an action in court, pero wala ka
the grant of naturalization on the basis of the nagbayad sa docket fees in civil actions, dili
same documents. So dili sya mag apply kay this gihapon na considered as commenced.
is not an ordinary civil action. Ang formal offer is
required only as a general rule in ordinary civil There is no such thing as a free beef, though.
actions, also in criminal cases ah. Pero not in When a prospective litigant wishes to invoke the
naturalization proceedings. So katong Section 4, judicial power to afford him relief form, he has to
all proceedings in the rules of court. But pay.
naturalization is not under the rules of court.
(end of January 11 lecture)
COMMENCEMENT OF ACTION
Section 5. Commencement of action. - A civil

action is commenced by the filing of the original JANUARY 13, 2021 PART 1
complaint in court. If an additional defendant is
impleaded in a later pleading, the action is
0:00-05:31
commenced with regard to him on the date of the
filing of such later pleading, irrespective of COMMENCEMENT
whether the motion for its admission, if Section 5. Commencement of action. — A civil
necessary, is denied by the court. action is commenced by the filing of the original
complaint in court. If an additional defendant is
So kanus-a sya nag start? It say na from the impleaded in a later pleading, the action is

determining the docket fees. The main action plus all
commenced with regard to him on the dated of
other ancillary and incidental actions.
the filing of such later pleading, irrespective of
whether the motion for its admission, if necessary,
is denied by the court.
05:32-11:02
We discussed this last meeting. Again, we have to be
careful because filing a case will also determine
whether or not the action has already prescribed
because filing a case is one of the ways by which the While the claim shall be exclusive of interest,
prescriptive period for actions shall be tolled or damages of whatever kind, attorney’s fees,
interrupted. litigation expenses, and costs, the
determination of the docket fees to be paid
A civil action is commenced by the filing of the shall include these items.
Question:
original complaint in court.
How important is the payment of the proper
There is no such thing as a free beer, though.
docket fees in the prosecution of a civil case?
When a prospective litigant wishes to invoke the
judicial power to afford him relief from, he has to
pay: DOCKET FEES.
From jurisprudence, it is not only the institution of So kung naa kay claim for interest, penalties,
the complaint which will commence the action. Aside damages, whether moral damages, exemplary
from the filing the complaint, the docket fees must damages, temperate damages, etc. apil na sila in
also be paid. This is also part of determining whether the determination of docket fees. So remember
or not a case or complaint has been successfully ha mao na siya ang difference.
instituted in court.
So what are these docket fees? These are fees which So how important is the payment of the proper
the litigants have to pay to the court for the docket fees in the prosecution of a civil case?
institution for certain actions. Different docket fees
are required for different actions. For example wala ka kabayad ug docket fees or
maybe incomplete or insufficient ang docket fees
na imong gibayaran. What will be its effect in the
RECALL THE TOTALITY RULE: case? Will the case be dismissed?
In determining the jurisdiction of the trial courts,
the claim shall exclude interest, damages of So please remember.
whatever kind, attorney’s, litigation expenses, and
costs. However, the amount of the demand shall
be the totality of the claims in all the causes of
Pretty Darn Important!
action, irrespective of whether the causes of action It is not simply the filing of the complaint or
arose out of the same or different transactions. appropriate initiatory pleading but the payment
When we discussed jurisdiction, for example you of the prescribed docket fee, that vests a trial
have a claim for specific performance or damages, in court with jurisdiction over the subject matter
determining jurisdiction, you only have to look at the or nature of the action. The same rule applies
main action exclusive of interest, damages, attorney’s to permissive counterclaim, third-party claims
and similar pleadings, which shall not be
fees, litigation expenses, and costs. These are not
considered filed until and unless the filling fee
included in determining whether or not a certain
prescribed therefor is paid.
court has jurisdiction. However, these expenses are
included if the case instituted is purely for damages.
If there are several claims against one defendant, all
claims should be added up. Why? Because without payment of docket fees,
The rule is different insofar as the computation of the court is deemed to not have acquired
docket fees is concerned. The main action including jurisdiction. Therefore, it is as if no case
interest, damages of whatever kind, attorney’s fees, instituted. It is not only in the complaint, it also
important when it comes to permissive
litigation expenses, and costs shall be included in
counterclaims third party claims, cross claims
and similar pleadings.

A counterclaim is when A filed case against B, so the petitioner did not pay the additional docket
B is required to answer. B in his answer he also fees until the case reach the Supremec Court.
includes a claim against A. So nibalos siya, that
a counterclaim. We have two kinds of
counterclaim, permissive and compulsory
counterclaim. Permissive counterclaim kana na
siyang even if wala nimo gi-alleged or gi-raise sa
case, pwede ra ka mag file ug separate case for Held:
that. Permissive claim require payment of docket
fees. Kung Compulsory na siya, meaning u have The docket fee should be assessed by
no option but to raise that counter claim in the considering the amount of damages as
same case filed against you otherwise you are alleged in the original complaint. The rule
barred from claiming that forever, but compulsory is well-settled that a case is deemed filed
counterclaims wala na siyay docket fees. only upon payment of the docket fees
regardless of the actual date of filing in
So these are considered not instituted or not filed court. In the present case, the trial court
until the filing fees or the docket fees are paid. did not acquire jurisdiction over the case
by the payment of insufficient docket fee.
We have the history of nonpayment of docket Neither can the amendment of the
fees. Is it really that strict if wala ka nakabayd ug complaint therby vest jurisdiction upon the
docket fees or kulang imong gibayad na docket court. For all legal purposes, there is no
fees dismiss jud imong kaso? So we start here such original complaint that was duly filed
with the case of Manchester Dev’t Corp versus which could be amended. Consequently,
CA. the order admitting the amended complaint
and all subsequent proceedings and
actions taken by the trial court are null and
void.
Manchester Dev’t Corp vs. CA, GR No. L-

75919, May 7, 1987
Counsel for the Petitioner filed the original

complaint but omitted from the prayer any The Supreme Court here reiterated the rule that
specification of the amount of damages a case is deemed filed only upon payment of the
although the amount over P78 million was docket fees, regardless of the actual date of filing
alleged in the body of the complaint. He was in court. For example, you filed a case in court
ordered to amend the complaint which he did and at the time you file the case kay within the
but specified the amount of damages in the prescriptive period paka, for example quasi-delict
body the complaint in the reduced amount of prescribed in four years from the time the cause
P10,000,000 but still, no amount of damages of action accrued. Pag file nimo sa imong
was specified in the prayer. As a result, complaint naa pkay 3 years and 8 months, so
Petitioner paid insufficient docket fees. wala pa naglapse and pwede pa. Pero wala ka
Petitioner did not pay any additional docket fee nagbayad or kulangan imong gibayad na docket
until the case was decided by the Supreme fees.
Court.
11:03 – 16:33 Derogongan
Later nadaganan ang kaso, nadaganan tui, lagpas na

ug 4 years. Unsay effect ana kay di ka nagbayad ug
Kung magpacompute man kag docket fees, docket fees within the prescriptive period? Your case
kanang tigcompute sa docket fees dli niya na is not deemed to have been instituted. Here, the SC
basahun imong complaint. Iya ra ng basahon said “the trial court did not acquire jurisdiction over
imong prayer, didto na sisya magbased sa the case by the payment of insufficient docket fee.
computation sa docket fees. So wala man siyay Neither can the amendment of the complaint
nakita na damages sa prayer, so didto ra siya thereby vest jurisdiction upon the court.”
nagbased kung unsa ra toy g.file didto. Therefore Amendment meaning you change the allegations in
insufficient ang nacompute na docket fees. So your complaint. The SC said you cannot amend

because you did not pay the full amount of the
· The Court serves warning that it will take
docket fees. Therefore, ang effect ana it is as if you
drastic action upon a repetition of this
did not file the complaint in court. The court did not
unethical practice.
acquire jurisdiction over your case. There is no case
· To put a stop to this irregularity,
filed technically so how can there be an amendment.
henceforth all complaints, petitions,
You cannot amend a non-existing complaint. So, the
answers and other similar pleadings
order admitting the amended complaint and all
should specify the amount of damages
subsequent proceedings and actions taken by the
being prayed for not only in the body of
trial court are null and void. Kay kulang ang binayad
the pleading but also in the prayer, and
na docket fees.
said damages shall be considered in the
assessment of the filing fees in any case.
Actually here, nasuko ang SC sa counsel.
Any pleading that fails to comply with this
requirement shall not be accepted nor
The Court cannot close this case without making admitted, or shall otherwise be expunged
the observation that it frowns at the practice of from the record.
counsel who filed the original complaint in this · The court acquires jurisdiction over any
case of omitting any specification of the amount of case only upon the payment of the
damages in the prayer although the amount of prescribed docket fee. An amendment of
over P78 million is alleged in the body of the the complaint or similar pleading will not
complaint. This is clearly intended for no other thereby vest jurisdiction in the court,
purpose than to evade the payment of the correct much less the payment of the docket fee
filing fees if not to mislead the docket clerk in the based on the amounts sought in the
assessment of the filing fee. This fraudulent amended pleading.
practice was compounded when, even as this
Court had taken cognizance of the anomaly and
ordered an investigation, petitioner through Mao itong ruling sa Manchester. Medyo strikto ang
another counsel filed an amended complaint, ruing sa SC on that case so far as non-payment or
deleting all mention of the amount of damages insufficient payment of docket fees is concerned. No
being asked for in the body of the complaint. It jurisdiction, no complaint filed.
was only when in obedience to the order of this
Court of October 18, 1985, the trial court directed
Sun Insurance vs Asuncion
that the amount of damages be specified in the
GR 79937-38, Feb. 13, 1989
amended complaint, that petitioners’ counsel
wrote the damages sought in the much reduced
· In the body of the original complaint, the
amount of P10M in the body of the complaint but
total amount of damages sought
not in the prayer thereof. The design to avoid
amounted to about P50M. In the prayer,
payment of the required docket fee is obvious.
the amount of damages was not stated.
The action was for the refund of the
Here in the amended complaint, they deleted premium and the issuance of the writ of
entirely the mention of the amount of damages being preliminary attachment with damages.
asked for in the body of the complaint. Parang gyud The amount of only P210,000 was paid for
na “naay” kasong gifile, so walaon nato itong prayer the docket fee. On January 23, 1986,
for damages, kato nalang main action ang atong private respondent filed an amended
ipabilin total ang gi-assess man sa docket clerk ay complaint where the prayer asked that he
kato mang based sa main action, mao natoy may be awarded no less than P10M damages
assessment for docket fees kaya lang kulang lagi kay but in the body of the compliant the
walang assessment as to damages. So ana si SC wais amount was approximately
diay ka. Here, the SC said even if you amended the P44,601,623.70. Said amended complaint
complaint, wala na siyay effect because again, by was admitted and the plaintiff was
non-payment of the correct amount of docket fees, reassessed the additional docket of
the complaint was deemed not instituted, the court P39,786.00 based on his prayer of not less
did not acquire jurisdiction over the case. than P10M in damages, which he paid.

Diri, murag nag lenient si SC. In the body of the the docket fee ude is obvious, not only in the filing of
original complaint, the total amount of damages the original complaint, but also in the filing of the
sought amounted to about P50M. pareha ginahapon second amended complaint.
ha, naay allegation in the body of the complaint but
in the prayer, the amount of damages was not stated However there is a difference, because in the
just like in the Manchester Case. The action was for Manchester case, even during the pendency of the
the refund of the premium and the issuance of the case before the Supreme Court, gahi gud ug ulo si
writ of preliminary attachment with damages. Ang plaintiff there. The plaintiff did not pay any additional
gibayad na docket fee is only P210. Subsequently, the docket fees until the case was decided by the
private respondent, katong complainant here, filed Supreme COurt. So due to the fraud committed on
an amended complaint, with the prayer asked to be the government, the Supreme Court held that the
awarded no less than P10M damages. P10M ang court a quo did not acquire jurisdiction over the case.
kanyang gibutang sa prayer pero ang sa body sa Again the amended complaint could not have been
complaint gimention niya na ang kanyang damages is admitted because the original complaint was null and
P44,601,623.70. void.
16:34-22:04 - ESMAEL So how about in this case? The Supreme Court said, a
more liberal interpretation of the rules is called for
So lahi. Although naa na siyay gimention sa prayer, considering that unlike Manchester, the complainant
pero mas gamay sya compared sa amount alleged in here demonstrated his willingness to abide by the
the body of the complaint. So the amended rules by paying the additional docket fees as
complaint was submitted and the plaintiff was required. So the promulgation of the decision in
reassessed additional docket fees. so nahimo na siya Manchester must have had that sovereign influence
karon to P39,786. So gikan sa 210 pesos, dako ug on the complainant who does pay the additional
ambak diba? Because of his prayer of damages in the docket fee as ordered by the respondent. So
amount of not less than 10 Million. pagkabalo nya sa ruling ng Manchester na strikto,
sige kara kara silag bayad sa docket fees.
And then subsequent to that, nagbuhat napud syag
supplemental complaint. So after amending the However, diba nag allege si defendant na kulang
supplemental complaint, we will explain in Rule 10 gihapon tong gibayad ni plaintiff na docket fee. But
unsa nang amended complaint as distinguished from the Supreme Court said, this is a matter which the
a supplemental complaint. So here, nag allege na pud Clerk of Court of the lower court should determine,
syag additional claim of 2 Million in damages. So and thereafter, if any amount is found due, the
here, P64,601,629 ang total claim. So nagbayad na docket clerk must require the private respondent to
pud sya ug additional docket fees na P80,396. Gikan pay the docket fees. So mao to ang Ruling sa Sun
sa 210 nahimo na pud syag P80,396. And then after Insurance case. These are the guidelines that you
promulgation of the decision of the court, the must remember in this case.
plaintiff once again assessed additional docket fees.
So niabot na sa SC, and then the manchester case Again, it is not simply the filing of the complaint or
was decided by the Supreme Court, so here, appropriate initiator pleading, but payment of the
nagbayad na pud syag additional P62,132.92 as prescribed docket fee that vest a court with
docket fees. So nakabayad na syag total na P182,824. jurisdiction over the subject matter or nature of the
But kulang na gihapon na sya kay iyahang claim total action.
is P64,601,620.70 so dapat ang docket fees nya
based on Rules of Court, katong assessment, it So how about kung nagfile ug petition or complaint
should be P257,810. but without payment of docket fees or insufficient
ang payment docket fees, does it mean that the court
So, unsa man ang effect ani? should dismiss the case?
Ruling:
The Supreme Court said the principle in Manchester The Supreme Court here clarified ha, which you
can very well be applied in the present case. The should remember and which is still applicable as of
pattern and the intent to defraud the government of now: Where the initiator pleading is not

accompanied by the payment of the docket fee, the you have been deprived of that amount. So as of the
court may allow the payment of the fee within a time of filing, you will allege how much you have lost.
reasonable time, but in no case beyond the Aside from that, it will still run while you file your
applicable prescriptive or reglementary period. So complaint. So ang computation sa docket fee is from
again, balik ta sa quasi-delict na case, you should file the time of filing of the complaint. And the rest, what
that within four years from the time that the right of is the rule even if was specified but the same has
action accrued. been left for the determination by the court, the
additional filing fee shall constitute a lien on the
judgment. It shall be the responsibility of the clerk of
CHAM 22:05 -27:35 court or duly authorized deputy to enforce such lien
and assess and collect the additional fee. So, in the
Like 3 years and 8 mos, wala pa siya nagprescribe so decision of the court, di ba naay monetary award? ...
you can still file, wala ka nagbayad or kulangan imung
gibayad na docket fees, the court will not
immediately dismiss your case but it will give you
time to pay the correct amount but it should be done
before the expiration of the prescriptive period.
Kung molampas ka sa 4 years, the actions will be
barred by statute of limitation. So, you should perfect
all of the conditions for your right of action before
the lapse of the prescriptive period or reglementary
period. Like in cases naa bitaw mga appeals. In
appeals, docket fees are also necessary. So, it
possible, when you file an appeal like in 15 days, wala
ka nakabayad sa correct amount of the docket fees,
okay lang malate basta wala ka nilampas og 15 days
from the time you received the copy of the judgment
or decision appealed from.
Both the institution of the original complaint and the
filing of the docket fees are required for the court to
acquire jurisdiction over the subject matter of the
case.
The same rule applies to permissive counterclaims,
third party claims and similar pleadings which are not
considered file until and unless the filing fee
prescribed therefor is paid. The court may also allow
payment of the said fee within the reasonable time
but also in no case beyond the prescriptive or
reglementary period.
Where the trial court acquires jurisdiction over the
claim, by the filing of the appropriate pleading and
the payment of the prescribed fee but subsequently
the judgment awards a claim not specified in the
pleadings. Is this possible?
- This happens when even if not allege in the pleading
but maybe during pre-trial or trial, without objection
on the part of other party, the plaintiff for example
presents evidence on other claims; the court can
award that damages. Or the same has been left for
the determination by the Court, like, nagspecify ka sa
imung complaint og rentals, the case therefor is
recovery of possession and then in your prayer, kung
naa ka sa possession you can rent it out for
10k/month but the defendant withold it from you,

(27:36-33:07) - Seruela
Tacay, et al v RTC
● Additional Rules on docket fees for real

actions with prayer for damages
● Where the action involve real property
and a related claim for damages as well,
the legal fees shall be assessed on the
basis of both (a) the value of the property
and (b) the total amount of related
damages sought. The court acquires
jurisdiction over the action of the filing of
the initiatory pleading is accompanied by
the payment of the requisite fees, or if the
fees are not paid at the time of the filing
of the pleading, as of the time of full
payment of the fees within such
reasonable time as the court may grant,
unless, of course, prescription has set in
the meantime.
● This case involves a real action with prayer

for damages. In real action with regards to
jurisdiction (recovery of tile or ownership, or
possession of real property), the basis, aside
from forceable entry and unlawful detainer
which is under the MTC, would be the
assessed value of the property. The claims for
damages is not included in determining the
jurisdiction. So 20,000 less outside Metro
Manila is MTC, 50,000 less within Metro
Manila is MTC, otherwise is the RTC. This is
with regard to jurisdiction. How about in so
far as the determination of the docket fees is
concerned? if it is real action such the
recovery of possession of a parcel of land
plus damages, claiming damages of 5 Million
aside from praying the recovery of the
possession of or title of property? In the
docket fees, everything is included in the
computation, such as the value of the real
property plus the damages which you are
claiming. All of those are included in the
computation of the correct amount of docket
fees. That is the rule.

● The court acquires jurisdiction over the
action if the filing of the initiatory pleading is TACAY case Continuation:
accompanied by the payment of the
requisites fees, or, if the fees are not paid at ● But where the fees prescribed for an
the time of the filing of the pleadings, as of
action involving real property have been
the time of full payment of the fees within
such reasonable time as the court may grant, paid, but the amounts of certain of the
unless, or course, prescription has set in the related damages being demanded are
meantime. unspecified, the action may not be
dismissed. The court undeniably has
jurisdiction over the action involving real
property, acquiring it upon the filing of the
complaint o similar pleading and payment
of the prescribed fee. And it is not
divested of that authority by the
circumstance that it may not have
acquired jurisdiction over the
accompanying claims or damages because
of lack of specification thereof
● Here, and docket fees na nacompute lang sa

court based sa real property, walay na-
assessed for the prayer of damages, kay
although they mentioned that they are
praying for damages pero no amount was
specified for damages. Shall the court
dismissed the case? The court said NO. The
court undeniably has the jurisdiction over the
action involving the real property, acquiring it
upon the filing of the complaint or similar
pleading and payment of the prescribed fee,
And it is not divested of that authority by the
circumstance that it may not have acquired
jurisdiction over the accompanying claims or
damages because of lack of specification
thereof

● Kung wala jud nagbayad si plaintiff sa
docket fees corresponding to the damages Ayala Corp., et al. v Madayag
pero nagbayad man suta docket fees
corresponding for the prayer for recovery of ● The amended and supplemental
possession. So we will not dismissed the
complaint in the present case, therefore,
entire case, the court can just, mao ni and
possible remedy sa court, the court applying suffers from the material defect in failing
also the case of Sun Insurance, the court to state the amount of exemplary
upon motion may allow a reasonable time for damages prayed for.
the payment of the correct docket fees, but ● As ruled in Tacay, the trial court may
again within the prescriptive period, we are either order the said claim to be
talking about prayer for damages. Or, if dli
expunged from the record as it did not
mobayad si plaintiff, wala niya gi-amend
acquire jurisdiction over the same or on
iyang complaint, in such a way nga ispecificy
niya ang amount of damages, the court can motion, it may allow, within a reasonable
just expunge or delete or disregard the time, the amendment of the amended
prayer for damages because the court did not and supplemental complaint so as to sate
acquire jurisdiction over that, insofar as the the precise amount of the exemplary
plaintiff did not pay the docket fees for that damages sought and require the payment
aspect of the complaint. We will just then
of the requisite fees therefor within the
focus to the recovery of possession. So these
are the possible consequences. relevant prescriptive period.
● This case has the same ruling in the case

TACAY case Continuation: of Tacay, either to:
1. Expunge.
● What should be done is simply to
expunge those claims for damages as to 2. But before you expunge, on
which no amounts are stated, which is motion, you allow the plaintiff, within
what the respondent courts did, or the reasonable time, to pay the docket
allow, on motion a reasonable time for fees within the prescriptive period.
the amendment of the complaints so as
to allege the precise amount of each
item of damages and accept payment of
the requisite fees thereof within the
relevant prescriptive period.
We also have the case of

accured, diba already earned but not yet
collected. But again, even if you file the case, dili
Heirs of Hinog v Melicor man na mubayad dayun pagka ugma si
defendant. Naay uban diha maskin naa nay
● While the payment of the prescribed decision sa kaso dili gihapon mubayad, so dili ka
docket fee is a jurisdictional sure. Mag-run dyud nang interest, even if the
case has already been instituted. Diha lang na
requirement, even its non-payment at mahuman ang running of the interest kung
the time of filing does not mubayad na si defendant. That is something
which you’re not sure. So here, it can only be
automatically cause the dismissal of the
determined after a final judgement has been
case, as long as the fee is paid within handed down. Of course at the time of the
the applicable prescriptive or institution of the case, even if pag abot sa
decision, millions na ang interest, mas dako pa
reglementary period, more so when
kaysa sa principal, but of course at the time of
the party involved demonstrates a the institution of the case, the plaintiff could not
willingness to abide by the rules have paid those interest because they could
have not yet been determined at the time of the
prescribing such payment. Thus, when
filing of the complaint.
insufficient filing fees were initially paid
by the plaintiffs and there was no
intention to defraud the the Pursuant to Section 2 , Rule 141 of the Rules
government the Manchester rule does of Court, as amended by Administrative
not apply. Circular No. 11-94, respondent should be
made to pay additional fees which shall
constitute a lien in the event the trial court
adjudges that it is entitled to interest accruing
● The same ruling applies in the case of after the filing of the complaint.
the Heirs of Hinog v Melicor. Again,
remember ang ruling jud karon is
So katong mg ana-accrue na after the filing of
payment of docket fees is still the complaint na dili ma-determine at the time of
jurisdictional. the institution of the case, lien to sila sa whatever
judgement the plaintiff obtains in the case.
33:09 – 38:38 Espuerta

Sec. 2 Fees as lien – Where the court in its
Payment of Docket Fees is still jurisdictional. It is final judgement awards a claim not alleged, or
required in addition to the institution of the a relief different or more than that claimed in
complaint , but it doesn’t mean na if docket fees the pleading, the party concerned shall pay the
are not paid or insufficiently paid, automatic additional fees which shall constitute a lien on
dismissal na ang consequence, no. Still give the judgement in satisfaction of said lien. The
time, a reasonable time upon motion of the
clerk of court shall assess and collect the
plaintiff to pay the correct amount of the docket
fees within the prescriptive period. corresponding fees.
In the case of Proton Pilipinas et al. versus

Banque, similar ni siya sa akong gimention
before na there are instances where at the time In the case of Ayala Corporation vs. Madayag,
of the filing of the complaint, we cant really the Supreme Court said na katong interpretation
compute. Even if we allege those monetary of the Rule in Sun Insurance regarding awards of
claims, we cannot compute accurately. Like claim not specified in the pleading, this court
here, accrued interest were claimed. Ang clarified the same refers only to damages arising
interest, for example if you are claiming for a after the filing of the complaint or similar pleading
sum of money, you will claim accrued interest at to which the additional filing fee therefor shall
the time when the case is filed. So when you say

constitute a lien. So, meaning kung halimbawa at (38:39 – 44:09) - Ryan
the time of the filing of the complaint, naa na mg
ana-accrued interest, kabalo naman ka pila INTERPRETATION OF THE RULES
interest from the time nangutang unya na default
until time of the filing of the case, pero wala mo
siya gi-allege or gi-allege man nimo sa body,
pero wala man nimo gi-include sa prayer and
correct amount of the interest.
What rule shall apply? Dili nato gamitun nang

rule sa Ayala Corporation vs Madayag ug katong
sa Section 2 of Rule 141 na anong ana whatever
favourable decision that the acquire in that case,
katong correct amount of damages
corresponding to those interest which was
mention in the body of the complaint which was
proved in the trial but was not alleged in the
prayer unya wala na-compute ug docket fees, dili
na siya lien. Its either the court will consider it as
not filed, expunged siya from the record, or kung
wala pa naglampas ang prescriptive period,
pwede pa ka tagaan ug reasonable time, upon
motion. Ikaw mag-move ana, dili ang court
magbuot ana, it should be the plaintiff that would
ask, otherwise the court can expunged that from
the records. So kani siya, katong lien, again
remember kato tung mag-arise after the
institution of the complaint kay dili na sila ma-
determine at the time of the institution of the
complaint. So dapat, as the lawyer for the party,
you should allege in the prayer the amount of
damages claimed.

Section 6. Construction – These Rules shall be
Remember: The rules of court are to be
liberally construed in order to promote their
LIBERALLY CONSTRUED.
objective of securing a just, speedy and
inexpensive disposition of every action and Dili kaayo ta strict sa application of the rules.
proceeding. Substantive law is superior to procedural law. If
the strict application of the rules will result in
defeating the substantive rights of the litigant,
dapat palabawon nato ang substantive law in
order to secure a just, speedy, and inexpensive
disposition of every action.
There are several cases which have similar

pronouncements.

ANSON TRADE CENTER INC., v. PACIFIC
But I’m telling you ha. This is not an excuse for
BANKING CORPORATION, G.R. No. 179999,
you not to study the rules. You should really, if
March 7, 2009 not master, be well-acquainted with the Rules of
Court. Because there were several cases which
Litigation is not a game of technicality, in were won and lost just because of technicality.
which one more deeply schooled and skilled
in the subtle art of movement and position Example:
entraps and destroys the other. It is rather a
Under the Rules of Summary Procedure,
contest in which each contending party fully
motions for reconsideration are not allowed.
and fairly lays before the court the facts in They are prohibited pleadings. So, your remedy
issue and then, brushing aside as wholly trivial to APPEAL the decision of the court, if you are
and indecisive all imperfection of forms and aggrieved.
technicalities of procedure, asks that justice
be done upon the merits. I have encountered several lawyers, that despite
that rule, nag MR. Definitely, that is not allowed.
Lawsuits, unlike duels, are not won by a That is prohibited. Ok lang kung marealize nila
ilang mali within 15 days, kay maka appeal pa
rapier’s thrust. Technicality, when it deserts
sila. Pero kung nilampas na ug 15 days unya
its proper office as an aid to justice becomes wala pa na resolve sa court ang ilahang motion.
its great hindrance and chief enemy, deserves Then mga 1 month pa after niingon si court nga
scant consideration from courts. “this is a prohibited pleading.” You can no
longer appeal because the filing in a pendency
of a motion for reconsideration will NOT
suspend the running of the reglementary period.
That is technicality but it will be prejudicial to

your client.
Another example is formal offer of exhibits.
Even if you have presented testimonial evidence

or documentary evidence pero wala ka nag
formal offer, kanang formal offer istorya (verbal)
ra na ha “Your Honor, I am offering the contract
of sale as Exhibit A for the purpose of proving
the existence of the contract of sale between A
and B.” Let us say kana nga contract of sale gi
identify na siya during the trial. Nakadungog si
judge nga giidentify unya nakita.
Pero kung wala nimo na gi formally offer as

evidence, it will not be considered by the court.
That is under the Rules of Court.

Daghan ug napildi ana nga kaso tungod lang kay technicality and the rule should be liberally
wala nag formal offer of exhibits. I encountered construed.
a criminal case I was handling. Ang fiscal wala
nag formal offer sa iyahang evidence (medical
certificate), although gi identify to sa iyahang
REDENA VS. COURT OF APPEALS
witness. Ang kaso physical injuries unya wala gi
offer ang medical certificate. So unsay basis sa G.R. No. 146611, February 6, 2007
court nga naay injury? Nga wala man to in
record ang medical certificate kay wala man gi
formally offer. - It is equally settled, however, that this Court’s
power to liberally construe and even to suspend
So even if jurisprudence says nga it is not a the rules, presupposes the existence of substantial
game of technicality, but YOU HAVE TO BE rights in favor of which, the strict application of
TECHNICAL. technical rules must concede.
Halimbawa, naay muduol nga client kay naa

siyay nadawat nga complaint. Ang una nimong
tan-awon ana is dili ang substance first. Tan-
awon nimo kung naa bay technical loopholes
nga makita nimo sa complaint. Imo nang I raise Discussion: In this case the Supreme Court also
tanan. Even sa criminal cases, bisan pag imong mentioned na it is equally settled however that this
client guilty kaayo, dili lang sa itsura, guilty jud courts power to liberally construe and even to
siya based sa documents. Then makita nimo sa suspend the rules presupposes the existence of
information nga naay mga technicalities nga substantive rights in favor of which the strict
wala na comply. You can file a MOTION TO application of technical rules must concede.
QUASH THE INFORMATION. So, technicality is
very important.
44-10 - 49:35 JOE TAGABI, ET AL. VS. TANQUE
He received a complaint ang una nimong tan-awon is G.R. No. 144024, July 27, 2006
dili ang substance first tanawon nimo kung naa bay
mga technicalities mga loopholes nga makita nimo sa - Procedural rules are not to be belittled or
complaint anha na nimo siya i-raised kay even sa dismissed simply because their non-observance
criminal cases although it is not our duty to judge our may have resulted in prejudice to a party’s
clients even the guilty ones deserve representation. substantive rights. Like all rules, they are required
So kung fo example guilty kayo akong client dili lang to be followed except only for the most persuasive
jud sa itsura kung dli guilty jud siya based on the of reasons when they may be relaxed to relieve a
documents pero makita nimo sa information for litigant of an injustice not commensurate with the
example kinang sa fiscal naa gyud mga technicalities degree of his thoughtlessness is not complying
nga wala na comply so you can file a motion to quash with the procedure prescribed.
the information. So it’s very important although
again it’s not a game of technicality. So the Rules of
Court are to be liberally construed. So the Rules of
procedure may not be used to abuse as instruments’
for the denial of substantial justice. So you should not
just invoke the letter of the rules without regard to
their real spirit and intent. So this is what you have to
remember so kung for example ikaw during the trial Discussion: In this case of Tagabi vs. Tangue
nakalimot ka sa rules so you can invoked this noh nga procedural rules so here general rule procedural
in the interest of substantial justice your honor blah rules are not to be belittled or dismissed simply
blah….. Because the rules of court are not games of because their non-observance may have resulted in

prejudices to a party’s substantive rights. Like rules
they are required to be followed except only for the 49:35 - 55:00 Zea
most persuasive of reasons when they may be
relaxed to relieve a litigant of a justice not
commensurate with the degree of his
RULE 2
thoughtlessness not complying with the procedure
prescribed. So when you ask for the liberality from
Section 1. Ordinary civil actions, basis of. - Every
the court you can cite the rules na the construction
ordinary civil action must be based on a cause of
of the rules of court. Pero sa in reality ha ang general
action.
rule is you follow the rules. Only when there is
ground for you to invoke the interest of justice when
Section 2. Cause of action, defined. - A cause of
it is really apparent na the substantive rights of your
action is the act or omission by which a party
clients will be prejudiced if it is the application of the
violates a right of another.
rules would be made then you can invoke the
exception. Pero when it comes to the Supreme
Courts sa Court of Appeals very strict ang Supreme Q: What are ordinary civil actions? Those which are
Court mag file kag petition it is not even sure na not specified under the Rules of Court as special civil
pwede na ipa comment pa imong kalaban. Pwede na actions.
without you without the Supreme Court requiring
your comment i-dismiss na deretso imong kaso TAKE NOTE: Under Sec. 1 every ordinary civil action
because for example diba sa Supreme Court kuan must be based on a cause of action.
lang legal questions or questions of law so this
petitions calls for the re-examination of evidence and You cannot have a case na walay cause of action. It
the court is not a trier of facts so the case will be can be dismissed or worse, you can be held liable for
dismissed. So wala man lang ka first based, so very damages by the other party na nagpataka lang ka file
strict although the rules says na liberal construction og case. Tanang tao naay right to file a case but it
but you have to as much as possible be very familiar should be with a cause of action.
with the rules.
Q: What is a cause of action? What is the
I will not discuss specific cases here because when requirement insofar as civil actions is concerned?
we go to the different rules daghan tag cases ma
encounter gihapon wherein the rules on liberality of Q: What are the elements of a cause of action?
construction are also explained there by the Supreme
Court as we go along. So again just remember that
this is the principle rules of procedure is not intended
DEFINITION AND ELEMENTS OF A CAUSE OF
to promote or to defeat substantive justice so it must
ACTION
not be applied in a very rigid or technical sense.
● A cause of action is the act or omission by
Exception is that while rules of court should be
which a party violates a right of another.
liberally construed the provisions in the manners in
It is the delict or the wrongful act or
perfecting an appeal are strictly applied. Kinang
omission committed by the defendant in
appeals dapat within the reglementary period na
violation of the primary right of the
siya, motion for reconsideration you cannot ask for
plaintiff. (Universal Aquarius Inc vs QC
extension for filing a motion for reconsideration very
Human Resources Management)
strict na sila. Exception very exceptional
circumstances lang jud nga gina allow sa courts nga
pwede paka mag appeal even beyond the
reglementary period but very exceptional. So kung
ikaw practicing lawyer be very aware of the
Case:Spouses Fernandez vs Smart
reglementary periods. Louy kayo ang clients nga ma
Communications, Inc GR No 212885. July 17, 2019
pildi lang napildi man siya kay mao gani mag appeal
ka pero didto nalang jud siya kutob wla na kay lain
Three essential elements of a cause of action:
mabuhat kay you forgot about the rules on the
a. A RIGHT in favor of the plaintiff by
reglementary periods.
whatever means and under whatever law

it arises or is created; action in court for recovery of damages or
b. An OBLIGATION on the part of the named other appropriate relief. *(Universal
defendant to respect or not to violate Aquarius Inc vs QC Human Resources
such right; and Management)
c. An ACT OR OMISSION on the part of the
named defendant violative of the right of
DISCUSSION: Dapat tanan to siya present. Kay kung
the plaintiff or constituting a breach of
naa lang kay right unya walay violation, you cannot
the obligation of defendant to the plaintiff
enforce the right because there is nothing to redress
for which the latter may maintain an
as there was no violation.
action for recovery of damages or other
relief. (VIOLATION.)
Informally, there is a fourth essential element.

1. A RIGHT in favor of the plaintiff by whatever
means and under whatever law it arises or is
● According to Dean Inigo, it is DAMAGE.
created;
● According to Dean Espejo, “if there is no
Ex: In a contract of loan, the lender gave
damage sustained, no suit can be
P100,000 to the borrower. There is a RIGHT
maintained.” Why?
created on the part of the creditor by reason
of the contract of loan. It is created. The
basis is the contract.
2. An OBLIGATION on the part of the named

defendant to respect or not to violate such
right; kate 54:41-59:41
DISCUSSION: Under the loan contract, the
defendant has the obligation to pay and not
Informally, there is a fourth essential element.
just to forget the loan. Iyaha gyud ng
undertaking to pay on or before the date
According to Dean Inigo, it is DAMAGE. And,
stipulated and all the interest mentioned in
according to Dean Espejo, "if there is no damage
the contract.
sustained, no suit can be maintained. "Why?"
3. An ACT OR OMISSION on the part of the
DAMNUM ABSQUE INJURIA. It means a loss or
named defendant violative of the right of
damage for which there is no legal remedy. In
the plaintiff or constituting a breach of the
other words, even if there is violation of a right,
obligation of defendant to the plaintiff for
but the law does not consider it as an actionable
which the latter may maintain an action for
injury, the plaintiff cannot file a claim.
recovery of damages or other relief.
(VIOLATION.)
DISCUSSION: If it is a contract of loan, what Damnum absque injuria is damage for which there is
is the act or omission on the part of the no legal remedy. Even if reality, you suffered
defendant that will violate the right of the damages, even if there is a violation of a right, but
plaintiff creditor? It is non-payment or the law does not consider it as an actionable injury.
default on the part of the debtor. Without damage, you cannot recover if you are the
plaintiff.
NOTE: These are all essential for there to be a cause
of action. Without a cause of action, you cannot
Why would the law not consider such violation
invoke the aid of the court.
actionable?
Because there is deemed to be no breach of a legal

● It is only upon the occurrence of the last duty.
element that a cause of action arises,
giving the plaintiff the right to maintain an For example:

BPI Express Credit Card vs. Court of Appeals
Breach of promise to marry per se. It is not 296 SCRA 260
actionable although the feelings of the jilted lover
may have been wounded. Atty. T has a BPI credit card but he failed to pay his
bill. He was asked to issue a check for P15,000,
Gambling debts. They are not actionable at law. In otherwise his credit will be cut off. Atty. T issued a
these cases, the parties are deemed to be in pari postdated check. BPI sent him a letter to inform
delicto so the courts will leave them as they are. A him that his credit card was temporarily
person who seeks to enforce a gambling debt does suspended and asked him to refrain using the
not come to court with clean hands. credit card. Atty. T used the credit card which was
not honored by Cafe Malate where he was treating
De minimis non curat lex. The law does not deal his friends. Atty. T said that he was humiliated by
with trifles. the incident and so filed an action for damages
against BPI Express Credit Card.
Breach of promise to marry per se. Is it actionable?

Is there a violation of a right? Although in reality, 59:42 - 1:04:42 Chiara
there is damage, moral damage, sleepless nights,
moral shock, serious anxiety, besmirched reputation, According to Atty Ty, he was humiliated by the
mental anguish. For example, someone promised to incident. So he filed an action for damages against
marry you, and then that person broke the promise, BPI Express Credit Card. Do you think Atty. Ty’s action
you feel all those things, sleepless nights, mental against BPI will prosper? Naa ba siyay cause of action
anguish, serious anxiety, moral shock, and against BPI?
besmirched reputation. Can you sue based on that?
No. It's not an actionable wrong, if it's breach of Supreme Court: NO.
promise to marry per se.
● In order that the plaintiff may maintain an
It's a different situation if there has already been action for the injuries of which he
wedding preparations, invitations have been sent complaints, he must establish that such
out, there are already hotel reservations, etc., and injuries resulted from a breach of duty
then the person does not show up the wedding, and which the defendant owed to the plaintiff
you spent for everything. There will definitely be an a concurrence of injury to the plaintiff and
actionable wrong there. legal responsibility by the person causing
it. Thus, there can be damage without
Gambling debts. You gambled and you won, but the injury in those instances in which the loss
other person did not pay you. Can you sue for or harm was not the results of a violation
recovery of sum of money? No. They are not of a legal duty. In such cases, the
actionable at law. In these cases, the parties are consequences must be borne by the
deemed to be in pari delicto so the courts will leave injured person alone, the law affords no
them as they are. A person who seeks to enforce a remedy for damages resulting from an act
gambling debt does not come to court with clean which does not amount to a legal injury or
hands. wrong. These situations are often called
* Remember the clean hands doctrine: He who DAMNUM ABSQUE INJURIA.
comes to court must come with clean hands. If you
are also at fault, then it's possible that you will not be
allowed to recover, or your claim for damages will be DISCUSSION: Although in reality, he suffered
offset by the wrong that you have also committed. damages, but that was not the kind of damage which
the law recognises where he plaintiff is allowed to
De minimis non curat lex. This refers to small issues. recover. Because in the first place, there was no
The court does not deal with trifles. violation of duty on the part of BPI.

as prayed for in the complaint. So, assuming for the
Take note:
sake of argument na tinood jud to tanan sa
complaint, are you entitled to relief? Mao na siya ang
DAMNUM ABSQUE INJURIA is related to the Latin
basis.
maxim DAMNUM SINE INJURIA ESSE POTEST.
Why do we say “assuming for sake of argument?”
- There may be damage or loss inflicted
Because the defendant will have to answer the
without any act being done which the law
complaint. So he will have an opportunity to dispute
deems an injury.
the allegations. But in determining kung baa ba gyud
ka sufficient cause of action, sa complaint nimo dapat
complete tanan ang elements. Mao na siya ang i-
I am not requiring you to memorise the Latin maxims prove during the trial of the case.
(.1% it will be asked in the Bar). Ma’am makes a joke
that you can use the Latin in case you decide to For example, your complaint is deficient, although
become faith healers. nag-cite ka nga naa kay right. Pero wala ka nag-
mention of any obligation on the part of the
Please remember in the case of Sps. Chu vs. Benelda: defendant. And then you alleged that there is
violation of your right and that you suffered
damages. Can the court render judgment against the
defendant here? NO. Why? Insufficient man among
SPS. CHU vs. BENELDA ESTATE DEVELOPMENT
action based on a reading of your complaint.
CORP. G.R. No. 142313, March 1, 2002
Test to determine sufficiency of cause of action

1:04:43-1:09:43
- The test of the sufficiency of the facts
Wala ma’y obligation kaha si defendant so nganong
found in a petition as constituting a cause
kinahanglan si defendant mubayad saimong
of action is whether or not, admitting the
damages? So dapat kompleto tanan even if you
facts alleged, the court can render a valid
sighted an obligation on the part of the defendant,
judgment upon the same in accordance
pero wala pud kay gimention na right on your part.
with the prayer thereof.
So, you cannot also recover for damages because for
all we know, dili diay to imohang right but the right of
another person. So, you are not a real party in
DISCUSSION: How do you know that you have a interest to file the complaint. All of the elements
sufficient cause of action? Because if you file a civil should be found in the complaint itself.
action, your complaint will be tested based on these
guidelines (see above).
ASIA BANK, INC. v. EQUITABLE BANK
GR 190432, April 25, 2017
The test of the sufficiency of the facts found in a
petition as constituting a cause of action is whether
or not, admitting the facts alleged, the court can · The test to determine whether a complaint
render a valid judgment upon the same in states a cause of action against the defendants is
accordance with the prayer thereof. this:
o Admitting hypothetically the
Your complaint must recite all the elements of a truth of the allegations of fact
cause of action
made in the complaint, may a
So, say you are filing a case. Of course, kung mu-file
judge validly granny the relief
ka og kaso, pabor gyud na tanan sa imo ang imong i-
cite sa imong complaint. So, when you file a demanded in the complaint?
complaint, your complaint should recite all the
elements of a cause of action. Because mao na siya That is why when we go to defenses, one of the
ang basis ni court in determining if you are entitled to affirmative defenses is failure to state a cause of
relief and if the defendant is really obligated to action – that is a ground for dismissal of a complaint.
perform whatever performance you want them to do

Assuming for the sake of argument that tinuod to complaint. So, mas strikto karun ang requirements sa
tanan ang giingon ni plaintiff sa iyahang complaint, court as far as the complaint is concerned.
but still, it does not state a cause of action, kay
because not all of the elements of a cause of action is So, not only the ultimate facts but all the relevant
present in the complaint. So, it is susceptible to facts in relation to your complaint. But again, very
dismissal. Because even if we go through the process important na the complaint must sufficiently state
of trial, you cannot validly grant a relief based on the and allege the elements of a cause of action.
allegations of the complaint kay kulang man siya.
· In determining whether the elements of a

SPOUSES ZEPEDA v. CHINA BANKING cause of action are present or whether they have
CORPORATION been sufficiently alleged, the inquiry is therefore
confined to the four corners of the complaint (see
GR 17275, October 9, 2006 ASIA BREWERY, INC. v EQUITABLE PCI, GR 190432,
APRIL 25, 2017)
· To be take into account are only the material
allegations in the complaint; extraneous facts and
So, didto lang jud ta sa complaint mag tan-aw naa ba
circumstances or other matters aliunde are not
jud cause of action. Dili nato tan awon ang
considered. The court may consider in addition to allegations sa answer sa defendant – wala na’y labot.
the complaint the appended annexes or Didto lang jud, kung naa bay elements of a cause of
documents, other pleadings of the plaintiff, or action which are present. Kay bisan pa ug naay kay
admissions in the records. for example, naa kay complaint, and the defendant
filed an answer and for example that would
necessitate a filing of a reply. Halimbawa sa imong
complaint kulang imong cause of action and then in
your reply – gidugang nimo didto kay na realize nimo
Actually, this has been also modified by the amended
nga kulang diay.
Rules – which took effect 2020. Karun man gud sa
complaint, before the amendment, ultimate facts 1:09:44-1:14:44
lang ang imong i-cite sa complaint. When we say
ultimate facts, kato lang facts which constitutes your It will not be effective in curing the defect na in
cause of action, dapat kompleto lang gihapon siya. the complaint itself, not all the elements of a
But evidentiary matters, extraneous facts, legal cause of action are alleged. Dapat sa complaint
arguments need not be mentioned in the complaint. lang ka mutan-aw.
So mubo lang actually ang complaint.
Pero karun, because of the amendment you have to

SUMMARY
cite everything, even evidentiary facts must be
mentioned. Kay ang ginaconsider sa SC ngano mag
file-file man kag kaso bisan pag you cited all the THE RULE:
elements of your cause of action, but you cannot
prove it naman diay. Kay wala kay evidence. That is Only the allegations of the complaint are
why the present rule is that – you have to state also considered in order to determine:
the evidentiary facts. And then you already have to
attach judicial affidavits, sa una dili ni siya required
but now required siya. All the documents to be
presented must be stated na in the complaint. Unlike
before, dili siya kailangan kay kani unta na FIRST: SECOND:
requirement sa pre-trial brief naman ni siya pero
karun naan a dapat ni sya sa complaint. Whether all the Whether the court
elements of a has jurisdiction
And, the witnesses presented under supposed
cause of action over the subject
testimony dapat i-mention n apud nimo sa

maybe he did not prove the right on his part;
maybe he did not prove that the defendant has
are present. matter. the obligation; maybe he did not prove that there
was a violation; or maybe he did not prove that
there were damages suffered. Here, the
We just recently discussed that it is only the defendant can move to dismiss the case on the
allegations of the complaint are considered in ground that there is no cause of action on the
order to determine. part of the plaintiff. That can be done by
“demurrer to evidence.”
First, if all of the elements of a cause of action
are present. Similarity of Cause of Action and Subject
Matter: in determining whether or not the
But if you remember, we discussed also in complaint sufficiently alleges the cause of action
jurisdiction, in determining whether or not the or whether or not the court has jurisdiction over
court has jurisdiction over the subject matter of the subject matter, you only have to look at the
the complaint. How do know whether or not the four corners of the complaint.
court has jurisdiction? By the allegations in the
complaint regardless of any defense raised by DISTINCTIONS
the defendant in his answer. We only focus in the
complaint.
CAUSE OF ACTION SUBJECT MATTER
Two items ang mag depend sa allegtions in the
complaint. In determining:
A cause of action is The subject matter is
1. Whether or not there is a cause of action.
the act or omission by the item with respect
2. Whether or not the court has jurisdiction over which a party violates to which the
the subject matter of the case. a right of another controversy has
(defined in Rule 2). It arisen, or concerning
To clarify, it does not follow that if the complaint is he delict or the which the wrong has
sufficiently and completely alleges all the wrongful act or been done, and it is
elements of a cause of action, naa na gyud omission committed ordinarily the right, the
cause of action si plaintiff. by the defendant in thing, or the contract
violation of the under dispute.
Ang complaint lang ang sufficient that if we
hypothetically admit all the allegations in the primary right of the
complaint, assuming na tinuod tong naa sa plaintiff. [Bachrach Corp. vs
complaint, naa jud siyay cause of action. CA GR 128349, Sep
25,1998]
But whether or not the plaintiff has cause of
action in reality, that will be determined by the
evidence presented during the trial. If you want For example, in a breach of contract, the
to question the complaint because the complaint contract violated is the subject matter while the
itself, as worded, dili complete ang recital niya, breach thereof by the obligor is the cause of
you have to raise the affirmative defense of action.
failure to state of cause of action.
For example, feeling nimo gwapo kayo Again, when we say cause of action, all the four
pagkabuhat sa iyang complaint but it doesn’t elements must be present for you to have a
mean na tinuod iyang complaint kay kabalo ka cause of action.
na pataka lang na siya ug ingon dira. So wala
gyud na siyay cause of action in reality. Actually, when we talk about cause of action, it is
the reason or the WHY.
Here, the ground for dismissal is not failure to
state the cause of action. You cannot move for
the dismissal of the case if after the plaintiff has 1:14:45-1:19:45
presented evidence, there is no cause of action-

DISCUSSION: …so, it is the reason why you are DISCUSSION: We actually discussed this in
filing the case. jurisdiction.
But the subject matter, it is the what. What are Now, we have to make a distinction between
you claiming in the case? Claiming for a sum of cause of action and subject matter because they
money. You are claiming that the defendant are different matters.
should perform delivery of property and
damages. So, it is the item. It is one which is to I’m sure you remember this case. Here, it was a
be performed. case for quasi-delict, tort or culpa aquiliana. You
know that in your obligations and contracts.
So, in a breach of contract for example, what is Second year pa man mo so last year pa to
the cause of action? What is the subject matter? unless, dugay na kayo to na panahon no.
For example, A and B enter into a contract and
B violated the contract. So, the cause of action of So here, a case for quasi-delict diba? But the
A is the breach. Naa siyay right of course. Under case was filed with the RTC. Ang demand here
the contract, he has the right and there’s an is for damages based on quasi-delict. Now, the
obligation on the part of the defendant for there jurisdiction of the RTC was questioned for
was a violation. There were damages suffered so according to the defendant, we should base on
that will be the cause of action. the value of the damages claimed, the
jurisdictional amount. But according to the judge,
Now, the subject matter when the case if filed is no for this is a case for quasi-delict and this is
actually the contract violated and that is the incapable of pecuniary estimation. So, it is
subject matter of the case. So here, it is the one proper na ang plaintiff filed the case before the
to be enforced. Mao nang imong ginapangayo sa RTC because the fault or negligence in quasi-
court to enforce the contract so that is the delict cannot be subject of pecuniary estimation.
subject matter.
Question: What is the subject matter of the
In determining jurisdiction, the court will based action? Because that will determine whether the
on the subject matter. Kay specific performance court has jurisdiction. Is it the quasi-delict? Is it
so, it is incapable of pecuniary estimation in the fault or negligence which is the subject
general and the jurisdiction is on the RTC. matter?
INIEGO versus PURGANAN, ET. AL. HELD:

G.R. No. 166876, March 24, 2006
Respondent Judge’s observation is erroneous.
● According to respondent Judge, what he What must be determined to be capable or
referred to in his assailed Order as not incapable of pecuniary estimation is not the
capable of pecuniary estimation is the cause of action, but the subject matter of the
cause of action, which is a quasi-delict, action. A cause of action is "the delict or
wrongful act or omission committed by the
and not the amount of damage prayed
defendant in violation of the primary rights of
for. From this, respondent Judge the plaintiff." On the other hand, the "subject
concluded that since fault or negligence matter of the action" is "the physical facts, the
in quasi-delicts cannot be the subject of thing real or personal, the money, lands,
pecuniary estimation, the RTC has chattels, and the like, in relation to which the
jurisdiction. The Court of Appeals suit is prosecuted, and not the delict or wrong
affirmed respondent Judge in this committed by the defendant."
respect.
DISCUSSION: The judge here is wrong.
● ISSUE: Is the fault or negligence the What must be determined to be capable or
subject matter or the cause of action? incapable of pecuniary estimation is not the
cause of action. Quasi-delict is the cause of
action and is the why. Why are filing the case
because of quasi-delict.
But what are you asking from the court is the

subject matter.
for damages.
A cause of action is the delict or wrongful act, or
omission committed by the defendant in violation
of the primary rights of the plaintiff. On the other DISCUSSION: Although again, the Supreme
hand, the subject matter of the action is "the Court said that fault or negligence is not capable
physical facts, the thing real or personal, the of pecuniary estimation, but it is not the subject
money, lands, chattels, and the like, in relation to matter. It is the cause of action.
which the suit is prosecuted, and not the delict or
wrong committed by the defendant.
HELD:
Actions for damages based on quasi-delicts

are primarily and effectively actions for the
recovery of a sum of money for the damages
suffered because of the defendant’s alleged
tortious acts. The damages claimed in such
actions represent the monetary equivalent of
the injury caused to the plaintiff by the
defendant, which are thus sought to be
recovered by the plaintiff. This money claim is
the principal relief sought and is not merely
incidental thereto or a consequence thereof. It (1:19:46 – 1:24:46)
bears to point out that the complaint filed by
private respondent before the RTC actually .. It is not a subject matter, it is a cause of action.
bears the caption "for DAMAGES."
DISCUSSION: The damages claimed in such Note: Jurisdiction is based on the subject matter
actions represent the monetary equivalent of the – not on the cause of action.
injury caused to the plaintiff by the defendant,
which are thus sought kay purely damages lang
man gud to na case. It’s not merely incidental
thereto.
INIEGO vs. PURGANAN
The damages actually are the subject matter. So,
• The subject matter of the action is the
you base the jurisdiction on the subject matter. In
relief sought which is recovery of damages. The
this case, it’s a money claim so based on the
cause of action, which is the act or omission by
monetary value of the claim.
which the defendant violated the right of the
plaintiff, was his fault or negligence.
HELD:
• The judge erefore confused subject
Fault or negligence, which the Court of matter for cause of action.
Appeals claims is not capable of pecuniary
estimation, is not actionable by itself. For such
fault or negligence to be actionable, there
must be a resulting damage to a third person. DISTINCTIONS
The relief available to the offended party in
such cases is for the reparation, restitution, or CAUSE OF ACTION SUBJECT MATTER
payment of such damage, without which any
alleged offended party has no cause of action It is the basis of a civil action (Rule 2, Sec. 1)
or relief. The fault or negligence of the It is the basis of jurisdiction
defendant, therefore, is inextricably intertwined
with the claim for damages, and there can be It does not matter if the cause of action is
no action based on quasi-delict without a claim capable or incapable of pecuniary estimation
If the subject matter is incapable of

pecuniary estimation, jurisdiction is lodged with
Where a case of action Where jurisdiction over
the RTC
does not exist, a the subject matter does
A cause of action need only exist in civil action complaint was not exist, a complaint is
(Rombe vs. Asiatrust, GR No. 164479, Feb. 13, vulnerable to dismissal vulnerable to dismissal
2008) Every action or proceeding has a subject on the ground of lack of on the ground that the
matter or failure to state a court has no jurisdiction
cause of action under over the subject matter
It is the “why” of an action (Arba vs. Nicolas, GR the old incarnation of of the claim under both
No. 168394, October 6, 2008) It is the “what” of the rules. At present, the old and current
an action or proceeding lack of r failure to state incarnation of the
a cause of action are Rules.
Whether one has a cause of action depends on considered affirmative
law, contract, quasi-contract, delict, quasi-delict defenses only.
(*sources of obligations)To determine subject
matter, reference is made to law – BP 129, RA Under the unamended A dismissal on the
7691 Rules, a dismissal on the ground that the court
ground that the has no jurisdiction over
When a court takes cognizance of a cause of complaint fails to state the subject matter bars
action when none actually exists, it commits an a cause of action is the refiling of the
error of judgment (*Remedy to correct an error of without prejudice to complaint in the same
judgment – appeal) When a court takes
refiling in the same court.
cognizance of a subject matter not conferred
court.
upon it by law, it commits an error of jurisdiction
Where a cause of action does not exist, a That can be questioned even if it is final and
complaint was vulnerable to dismissal on the executory, because the proceedings in the court
ground of lack of or failure to state a cause of conducted without jurisdiction are null and void.
action under the old incarnation of rules. At
present, lack of or failure to state a cause of On the 2nd distinction
action are considered affirmative defenses only
For cause of action:
Where jurisdiction over the subject
Kung ang iyahang recital sa iyang complaint is
matter does not exist, a complaint is vulnerable
to dismissal on the ground that the court has no incomplete ang cause of action, it is dismissible based
jurisdiction over the subject matter of the claim on the affirmative defense of failure to state a cause
under both the old and current incarnation of the of action. Kung halimbawa naman, gwapo ang pagka
Rules present sa iyang complaint, kompleto ang cause of
action pero again as I said during the presentation of
Under the unamended Rules, a dismissal on the evidence, the plaintiff was not able to prove al the
ground that the complaint fails to state a cause of elements of his alleged cause of action, the complaint
action is without prejudice to refilling in the same can be dismissed on the ground of lack of cause of
court A dismissal on the ground that the court action by way of demurrer to evidence. So
has no jurisdiction over the subject matter bars dismissible siya. But again, these defenses can be
the refiling of the complaint in the same court waived.
(1:24:47 to 1:29:47) Millan For subject matter:

Distinctions: Where jurisdiction over the subject matter does not
exist, a complaint is vulnerable to dismissal on the
Cause of Action Subject Matter
ground that the court has no jurisdiction over the
When a court takes When a court takes subject matter. This defense can be raised at anytime
cognizance of a cause of cognizance of a subject and as a general rule, it is not barred by waiver or
action when none matter not conferred estoppel.
actually exists, it upon it by law, it
commits an error of commits an error of On the 3rd distinction
judgment. jurisdiction For cause of action:
When the complaint is dismissed because of failure

to state a cause of action in the complaint, the action
REVIEW
is without prejudice to refiling in the same court. For
The rule:
example, gi-dismiss sa court kay kulanga ang imong
Only the allegations of the complaint are
recital sa imong complaint, wala nimo na allege
considered in order to determine:
properly ang violation committed by the defendant
(1) Whether all the elements of a cause of action
or the obligation, so gi dismiss because of failure to
are present*
state a cause of action.
(2) Whether the court has jurisdiction over the
subject matter
Ma refile pa ba na nimo na kaso? YES. Ma refile pa na
siya. Asa man nimo siya ma refile? In the same court?
*this has an exception
Meaning with the RTC also? Yes. If the jurisdiction
really is with the RTC. Ma refile pa siya in the same
court, meaning in the same RTC. But you cannot say
na i-refile nako siya sa Branch 4 kay inig mag file baya Kuehne 1:29:48- 1:34:48
tag kaso, i-raffle lang na siya kung maadto ba siya sa
Branch 1, 2, or 3. But still it is with the RTC.
For subject matter:

If the complaint is dismissed on the ground that the REVIEW
court has no jurisdiction over the subject matter of
the case, can you refile the case? YES, but you cannot THE RULE:
refile it on the same court. Kay diba gi-dismiss na gani
ni RTC kay wala ko’y jurisdiction, unya imo napud i- • Only allegations of the complaint are
file sa akoa karon? You refile it, but in the proper
considered in order to detertmine:
court. So that is when the dismissal is due to lack of
jurisdiction over the subject matter.
• First: Whether all the elements of a
Commonalities: cause of action are present. (There is an
exception to this one)
Cause of Action Subject Matter
• Second: Whether the court has
Only the allegations of the complaint will be
jurisdiction over the subject matter
examined in determining whether there is a cause
of action and whether the court has jurisdiction
over the subject matter.
Both are used in determining whether or not res

judicata exists (i.e., identity of causes of action and
identity of subject matter). It is only the allegations in the complaint which
are considered in order to determine whether or
not there is a cause of action mentioned in the
Concept of res judicata complaint or whether or not the court has
There’s a previous case filed, and the case was jurisdiction over the subject matter.
decided on the merits, and the decision of the court
became final and executory. After that case, you But in so far as the cause of action is concern,
cannot file another case involving the same cause of naay exception, naay instance nga dili lang sa
action or involving the same subject matter. complaint gina tanaw whether or not all the
elements of a cause of action are present.
Pero karon you want to have another relief kay
napildi man ka sa first case, na final na siya, wala na
ka’y mabuhat, nag file napud ka ug bag-o. That 2 nd
action is barred by what we call res judicata. The first
case constitutes res judicata which bars the refiling of TEGIMENTA CHEMICAL PHILS VS
another case based on the same cause of action and
BUENSALIDA
the same subject matter.

before the Labor Arbiter of the NLRC.
(GR No 176466, June 17, 2008)
When you file a labor case, actually pag file nimo
sa complaint, di paka kailangan ug lawyer ana,
ngano man? Muadto lang ka didto, ang
procedure ana, mufile ka didto ug reklamo, at
The Court of Appeals correctly relied not only first, di pa na siya idocket, SENA pana sya so
on the face of the complaints, but also on the kanang murag reconciliation pana sya, husayon
position papers submitted by respondent in pa mo ana. So, kung dili jud mo mahusay, walay
determining the causes of action raised in the pag-asa, then, naay order or certification na
iahatag na pwede naka mag file ug kaso. So,
two cases. It correctly observed that a when you file a case, balik nasad ka sa office
complaint in a case filed before the NLRC tong receiving, tagaan napud kag laing form, isa
consists only of a blank form which provides a ra ghapon na page although back-to-back unya
checklist of possible causes of action that the iacomplish na nimo na form, ballpen lang, imo
employee may have against the employer. The pangalan, imo position, pila imo sweldo, imo
check list was designed to facilitate the filing of employer, unsa imo relief na gina pangayo.
complaints by employees and laborers even
Mao ni siya ang complaint, although verified na,
without the intervention of counsel. It allows
kailangan nimo pirmahan and then you subscribe
the complainant to expediently set forth his before the officer there. Mao ni sa labor cases,
grievance in a general manner, but is not lahi ni siya sa complains sa ordinary civil action
solely determinative of the ultimate cause of which I said na very exhaustive labi na sa mga
action that he may have against the employer. amendments sa rules na taas na gyud kaayo, so,
XXX siguro with the amendment sa rules no malahi na
jud ang concept sa acceptance fee sa mga
practitioners like us, kay sauna magbuhat kag
complaint, simple lang pero karon murag once
makabuhat kag complaint, kompleto na ang
Thus, the complaint is not the only document kaso. So, for example magwithdraw man ka sa
from which the complainant’s cause of action kaso, ang musunod sa imo na lawyer wala na
is determined in a labor case. Any cause of siya buhaton actually katy gibuhat na nimo tanan
action that may not have been included in the when you instituted the complaint. You, have to
complaint or position paper, can no longer be charge diffirently sa acceptance karon.
alleged after the position paper is submitted by
Sa labor, kato lang, checklist lang, so,
the parties. In other words, the filing of the magrequire naka ug lawyer kung magfile namo
position paper is the operative act which ug position paper. After you file the complaint
forecloses the raising of other matters before the LA, paatubangon napud mo ana sa
constitutive of the cause of action. This imohang employer, and murag second round of
necessarily implies that the cause of action is conciliation and then if dili jud mo masettle, then
finally ascertained only after both the that is the time where the parties would be
simultaneously required to submit their position
complaint and position paper are properly
papers.
evaluated.
So, sa position papers, diha na, legal na na siya
exhaustive na na siya. So there, ang question
lang kay in this case naay mga reliefs prayed
and naay mga causes of action na wala na
mention or naay mga elements na wala na
mention in the complaint, katong form pero didto,
naay mga additional casues of action na gi
allege na in the position paper.
In labor cases, as stated in the case of
Tegimenta, I will explain to you unsa nang filing Supposedly if it is under the rules, ordinary civil
sa labor case, illegal dismissal, money claims actions, dapat the complaint itself should already
like back wages, separation pay, so based on specify and recite all your causes of actions.
Employer-employee relationship, you file that

Dapat sa complaint jud na sya makita. Pero, in
to this one.
labor cases, its not required it is possible na
additional causes of action may be interposed in
the position papers of the parties and then diha
lang pud. All other causes of action which are not going back here, kaning sa second whether the
interposed or alleged in the position paper are court has jurisdiction over the subject matter,
already barred and already excluded. diba we discussed na, it is also determined
based on the allegations in the complaint,
This is an exception to the rule na the cause of regardless of any possible defendant-defenses
action supposedly should be ascertained only that may be raised by the defendant, diba, mao
based on the allegations in the complaint. But, in na ang rule. Can you remember the exception
labor cases, pwede pa diay na katong complaint here? exception is under Republic Act No. 2700.
di pa to sya kompleto, narecite ra sa cause of
actions. Pwede pa siya madagdagan sa position When it is alleged that there is an ongoing
paper. dispute, and then the parties are farmers,
tenants, farm workers, 'kay, So here, the court
will look into the allegations of the defendant. But
then again, in that case, which you discussed,
Khayzeee 1:34:49- end there's a need to prove on the part of the
defendant, na the defendant is a farm worker
farmer or tenant pero katong that it is an agrarian
Thus, the complaint is not the only
dispute it's enough na i-allege niya.
document from which the complainant’s cause
of action is determined in a labor case. Any
cause of action that may not have been included But that's just the first requisite. The second
in the complaint or position paper, can no longer requisite is he has to prove that he is a farm
be alleged after the position paper is submitted worker, tenant, or farmers. So again, but that's
by the parties. In other words, the filing of the an exception, noh, to the rule na, in determining
position paper is the operative act which jurisdiction over the subject matter. We only look
forecloses the raising of other matters at the allegations in the complaint 'kay, so kato
constitutive of the cause of action. This siya, we also look into the allegations of the
necessarily implies that the cause of action is answer and the evidence presented by the
finally ascertained only after both the complaint defendant.”
and position paper are properly evaluated.
JANUARY 18, 2021 - RECORDED

LECTURE
….Labor cases, pwede pa diay na katong
complaint, di pa to siya kompleto. Na recital sa 00:00 - 04:57
cause of actions, pwede pa siya madagdagan sa
position paper and” Continuation of Rule 2
We now continue with what we discussed in Rule 2.

THE RULE:
We defined what is a cause of action. I already
mentioned this to you.
Only the allegations of the complaint are
considered in order to determine: In other actions, example, a special civil action, does
it need a cause of action? How about a special
proceeding?
A: Actually, there are civil actions where cause of

action is required. There are also instances where it is
First: whether all the Second: not required.
elements of a cause Whether the court has
of action are present. jurisdiction over the In special proceedings, you don’t need a cause of
subject matter action because you do not have an opponent.
There is an exception

Ex: In rehabilitation proceedings, as discussed in what its net value is and its liabilities. After
Rombe vs Asiatrust Devt Bank, these proceedings paying all the liabilities, the distribution of
“seek to establish the inability of the corporate the residual shares, katong nabilin, to all
debtor to pay its debts when they fall due so that a those who are entitled to it.
rehabilitation plan is necessary. It does not seek a
relief from an injury caused by another party. Thus, a
A cause of action must exist at the time of filing of
petition for rehabilitation need not state a cause of
a complaint.
action”
● Unless the plaintiff has a valid and
The term “cause of action” applies only to civil subsisting cause of action at the time his
actions. action is commenced, the defect cannot
be cured or remedied by the acquisition
● Strictly speaking, it is only in civil actions or accrual of one while the action is
that one speaks of a cause of action. The pending, and a supplemental complaint or
term does not apply to special an amendment setting up such after-
proceedings which seeks to establish a accrued cause of action is not permissible.
status, a right or a particular fact. (SURIGAO MINE EXPLORATION CO, INC vs
● Rehabilitation proceedings seek to C. HARRIS ET AL. GR NO. L-45543, May 17,
establish the inability of the corporate 1939)
debtor to pay its debts when they fall due
so that a rehabilitation plan is necessary. It
● REMEMBER: The cause of action must exist
does not seek a relief from an injury
at the time of the filing of the complaint. Dili
caused by another party. Thus, a petition
pwede nga at the time of the filing of the
for rehabilitation need not state a cause of
case, wala pa kay cause of action, wala pay
action (ROMBE vs ASIATRUST
violation, wala pay damages. All of the
DEVELOPMENT BANK, GR No. 164479,
elements of a cause of action must already
Feb. 13, 2008)
be complete at the time when you filed the
case.
In this case of Montañer vs Shari’a District Court
Even if, example, subsequently at the time you filed
the case wala pa kay cause of action, then
MONTAñER VS SHARI’A DISTRICT COURT GR NO.
subsequently it matured so naa na kay cause of
174975, January 20, 2009
action. It will not cure the defect that at the time you
● Unlike a civil action which has definite
filed the case you did NOT have a cause of action.
adverse parties, a special proceeding has
no definite adverse party. A special
As discussed in Surigao Mine Exploration vs Harris:
proceeding has one definite party, who
Unless the plaintiff has a valid and subsisting cause of
petitions or applies for a declaration of a
action at the time his action is commenced, the
status, right, or particular fact, but no
defect cannot be cured or remedied by the
definite adverse party. In case for
acquisition or accrual of one while the action is
settlement of estate, the estate of the
pending, and a supplemental complaint or an
decedent is not being sued for any cause
amendment setting up such after-accrued cause of
of action. As a special proceeding, the
action is not permissible.
purpose of the settlement of the estate of
the decedent is to determine all the
assets of the estate, pay its liabilities, and
to distribute the residual to those entitled
to the same.
● EX: Settlement of estate, the estate of the

decedent - kanang namatay, you are not
suing anyone for a cause of action. You are
merely establishing the status of this estate,

Right of action PHILAMGEN versus SWEET LINES
G.R. No. 87434, August 5, 1992
What is a right of action?
Cause of action vs. Right of action
● The term “right of action” is the right to A right of action is the right to presently enforce a
commence and maintain an action. The cause of action, while a cause of action consists of
right of action springs from the cause of the operative facts which give rise to such right of
action, but does not accrue until all the action. The right of action does not arise until the
facts which constitute the cause of action performance of all conditions precedent to the
have occurred. (Spouses Borbe et al, vs action and may be taken away by the running of
Calalo GR NO. 1525572, October 5, 2007) the statute of limitations, through estoppel, or by
other circumstances which do not affect the cause
REMEMBER: You may have a cause of action. But you of action. Performance or fulfillment of all
may no longer have a right of action. It does not conditions precedent upon which a right of action
mean that if you have a cause of action, you can depends must be sufficiently alleged, considering
already win the case. It is possible that your right of that the burden of proof to show that a party has a
action is already lost. right of action is upon the person initiating the
suit.
The SC said that the right of action SPRINGS FROM
the CAUSE OF ACTION. But, there are still facts which TAKE NOTE: The right of action does not arise until
must be present, conditions you need to comply the performance of all conditions precedent to the
before you have a right of action. action and may be taken away by the running of the
statute of limitations through estoppel or by other
Ex: In quasi delict, because of negligence of B, circumstances which do not affect the cause of
damage was caused to A. So all the elements of a action. Performance or fulfillment of all conditions
cause of action are already present. Supposedly, precedent upon which a right of action depends must
pwede na maka-file og cause of action against B. be sufficiently alleged.
However, under the law on prescription it is said that
for quasi delict you need to institute the case within Aside from prescription, if the case is covered by the
4 years from the time the cause of action accrues. Katarungang Pambarangay Law, you must also allege
in the complaint that prior referral to the barangay
So, if you were able to file the case within four years, was resorted to and that the same has failed and
then you have a right of action. One of the there is a certification to file action, or if it is a suit
conditions required to complete the right to file the involving members of the same family, you must
case is that your cause of action must not have yet allege that earnest effort towards a compromise had
prescribed. been made but the same had failed. That is part of
your right of action.
(ended at 04:57)
These are not included in the elements of a cause of
Kate 4:57-9:36 action. Remember there are four elements of a cause
of action, but aside from these elements, you must
For example, it has prescribed, it has already been 60 also have a right of action.
years, and that's the only time you file a case for
damages based on quasi-delict, although you may Distinctions
have a cause of action for quasi-delict, but your right
of action has already lapsed and barred by
prescription. You no longer have a right of action. RIGHT OF ACTION CAUSE OF ACTION
That's the distinction.
The right to presently The act or omission by
enforce a cause of action. which a party violates a
right of another.
A remedial right [1] A formal statement of the

● The Law on Prescription, under the New
belonging to some operative facts that give
Civil Code.
person. rise to such remedial
right. [2]
[4]
Meaning, whether or not you have a sufficient
A matter of right and A matter of statement
cause of action aside from the acts themselves that
depends on the and is governed by the
you have this right because you entered into a
substantive law [3] law of procedure (i.e.,
contract, and there is a violation made by the
whether or not a cause of
defendant because he did not pay his obligation and
action exists is
because of that there are damages. Aside from those
determined by examining
events, you also need to state these elements of the
the allegations in the
cause of action in your pleading. It is governed by the
complaint) [4]
law of procedure because we have to examine
There is a right of action if There is a cause of action whether or not the complaint sufficiently states a
the same is allowed by if the same arises from cause of action before you can reach Round 1.
remedial law. If there is substantive law.
no remedy provided, 9:37-14:17 Chiara
there can be no redress.
Before ka maka round 1, tan-awun sa nato. Kung
Arises after the Arises the moment a right wala, it is susceptible to dismissal.
performance or is violated.
fulfillment of all There is a right of action if the same is allowed by
conditions precedent. remedial law. If there is no remedy provided, there
can be no redress.
Affected by the statute of Not affected by the
limitations. statute of limitations. For As discussed, a right of action is a matter of right on
as long as a right is the substantive law. For example, the barangay
violated, a cause of action reconciliation is mandated by law. Can you still
exists. proceed even without the requisite certification to
file action? If there is a remedy provided for, if there
[1] are exceptions, you can. If it is allowed by remedial
Remedial right means the right to have a violation
law.
of your rights be remedied. You can institute a case,
you can bring your case before the court so that your
In cause of action, there is a cause of action if the
rights may be enforced or a violation of your right
same arises from substantive law. So, whether or not
can be addressed. You can seek to redress.
you have a cause of action, aside from the allegations
[2] in the complaint (which is a matter of remedial law),
Meaning, all of the elements of a cause of action
there must be a right itself that must be created by
are present and then because you have these
substantive law. Like, under the New Civil Code, as
elements of a cause of action, then you can now file a
learned in ObliCon, there are five sources of
case in court to enforce your rights, to redress a
obligations. So, if such obligation is provided for by
wrong or a violation.
law, and there is a violation of it, then you have a
[3] cause of action. But if wala siya giprovide under the
For example:
NCC, even if you suffer damages, if it is not provided
● Katarungang Pambarangay Law which that the source of the damage is any one of the five
requires the condition precedent that you sources under the law, then you do not have a cause
need a certification to file an action if the of action.
case falls under the jurisdiction of the
barangay conciliation system. The right of action arises after the performance or
fulfillment of all conditions precedent. Whereas,
● Under the Civil Code, earnest efforts cause of action arises the moment a right is violated.
towards a compromise must be made if the
case involves a suit between members of The right of action is affected by the statute of
the same family. limitations. It can prescribe. It can be barred.

But the cause of action is not affected by the statute required to exercise extraordinary diligence, but you
of limitations. Why? Because for as long as your right only exercised ordinary or slight diligence. And
is violated, there is always a cause of action. BUT because of that, damage was caused. Then there is
whether you can enforce this cause of action before now a cause of action based on quasi delict.
the courts, that matter is answered by the rule on the
right of action. You can always have a cause of action, It may lead to personal bodily injury requiring
but your right of action can be barred. You can lose hospitalization expenses, professional fees and to a
your right of action. claim for other damages. These claims cannot be
prosecuted individually. So, daghan ka possible
Rule 2, Section 3 claims.
Please remember, you only have one cause of action

THE RULE AGAINST SPLITTING A CAUSE OF
– the quasi delict.
ACTION
14:18-19:03
Section 3. One suit for a single cause of action. – A
party may not institute more than one suit for a
You cannot split your cause of action into many suits
single cause of action. (3a)
like you cannot prosecute a separate suit for
hospitalization expenses. For example, you sought for
professional health – sa mga doctor nimo, aside from
ILLUSTRATION:
the expenses sa hospital. So, you’ll again another
- In an action based on a quasi-delict, the
case for professional fees and then because you were
act or omission is the failure of the
not able to sleep, you suffered mental anguish,
defendant to exercise due diligence
serious anxiety, etc, - file na pud ka ug separate
required by the circumstances. It may
action for damages. YOU CANNOT DO THAT –
lead to personal bodily injury requiring
because you only have one cause of action.
hospitalization expenses, professional
fees and to a claim for other damages.
So, if you file a case, you pray for all these reliefs. You
These claims cannot be prosecuted
don’t have several of cause of actions here, you only
individually. Rather, because there is only
have several reliefs. LAHI NG RELIEF OR PRAYER AND
one delict (the negligence of the
CAUSE OF ACTION. Kung isa lang imong cause of
defendant), there is only one cause of
action, bisan pag daghan ka ug prayer/relief – isa lang
action.
ka kaso imong i-file.
- If the plaintiff files separate cases to
prosecute his several claims individually,
If you file separate cases to prosecute your claims
he violates the rule against splitting a
individually – you now VIOLATE THE RULES AGAINST
cause of action.
SPLITTING A CAUSE OF ACTION.
You cannot split or divide into as many cases as you

ILLUSTRATION
can think of. As much as possible, we have to prevent
the filing of multiple suits. Multiplicity of suits is
actually frowned upon because it results into the
clogging of the court’s dockets. And when court • On January 14, 2020, Maja, the
dockets are clogged, cases take forever to conclude. debtor, obtained a loan from the creditor,
Justice delayed is justice denied. Pia, in the amount of P280,000.00.
Because Pia doubted Maja’s credit, the
Example: In an action based on a quasi-delict, the act former required the latter to give a
or omission is the failure of the defendant to exercise
collateral for the loan. Maja thus put up
due diligence required by the circumstances.
her house as security for the debt. The
In a quasi delict, there is a degree of diligence parties promptly executed a contract of
required by the circumstances, but you fail to meet loan with real estate mortgage over
that. For example, in common carriers, you are Maja’s property.

• If Maja defaults, take note that
Pia, as a secured creditor, has two THUS. . .
remedies:
– Pia can file an action for
collection; or • There is only one cause of action
– She can file an action for because there is only one violation of
foreclosure of the mortgage. Pia’s right (the right to paid).
• The personal action for collection
of sum of money and the real action to
foreclose on the mortgage security are
So, you have two contracts here: the loan and the the remedies by which Pia can seek
accessory contract – Real Estate Mortgage. redress for Maja’s violation of her right.
• Stated otherwise, the non-
Now, in a loan secured by a real estate mortgage, ang payment of the debt is the cause of action
matabo dira, IF the debtor DEFAULTS in the payment while collection or foreclosure are the
of the obligation, naay remedies ang creditor: possible subject matters of Pia’s suit.
1. File an action for collection ;
2. File an action for foreclosure of the mortgage.
BUT these are ALTERNATIVE REMEDIES. YOU

CANNOT HAVE BOTH. You choose only one. If you
choose to file an action for collection, you abandon
QUADRA versus COURT OF APPEALS
your security OR choose to foreclose the mortgage.
G.R. No. 147593, July 31, 2006

Can Pia sue for both collection and
foreclosure?
• Splitting a cause of action is the
• NO. In loan contracts secured by act of dividing a single cause of action,
a real estate mortgage, the rule is that the claim or demand into two or more parts,
creditor-mortgagee has a single cause of and bringing suit for one of such parts
action against the debtor-mortgagor, i.e., only, intending to reserve the rest for
to recover the debt, through the filing of a another separate action. The purpose of
personal action for collection of sum of the rule is to avoid harassment and
money or the institution of a real action vexation to the defendant and avoid
to foreclose on the mortgage security multiplicity of suits.
(MARILAG versus FERNANDEZ, G.R. No.
201892, JULY 22, 2015).
Can the creditor sue for both collection and Just take note of this case of Quadra v. CA, again it
foreclosure? NO. Because these are alternative clarifies or explains what is a cause of action.
remedies you can file one. WHY? Because you only
have A CAUSE OF ACTION against the debtor, and • “the act of dividing a single cause
that is for the recovery of the debt. Although you of action, claim or demand into two or more
have TWO POSSIBLE REMEDIES – personal action for parts, and bringing suit for one of such parts
remedies or foreclosure of mortgage BUT, YOU ONLY only, intending to reserve the rest for
HAVE ONE CAUSE OF ACTION. another separate action. The purpose of the
rule is to avoid harassment and vexation to
the defendant and avoid multiplicity of

suits.” claim them all in one suit.
What will happen if, for example, you only

claimed the hospitalization expenses? Then,
PRIVATE versus MAGADA those other claims are barred forever because
you cannot institute them separately. That is one
G.R. No. 149489, June 30, 2006 effect.
IF PIA FAILES IN HER CASE TO

• For a single cause of action or violation of a FORECLOSE, CAN SHE THEN SUE FOR
right, the plaintiff may be entitled to several COLLECT?
reliefs. It is the filing of the separate complaints for
these several reliefs that constitutes splitting of the NO. The two remedies are alternative, not
cause of action. This is what is prohibited by the cumulative or successive, and each remedy is
rule. When there is only one delict or wrong, there complete by itself. Thus, if the creditor-
is but a single cause of action regardless of the mortgagee opts to foreclose the real estate
number of rights violated belonging to one person. mortgage, he waives the action for the
All such rights should be alleged in a single collection of the unpaid debt, except only for
complaint, otherwise they are barred forever. the recovery of whatever deficiency may
remain in the outstanding obligation of the
debtor-mortgagor after deducting the bid price
in the public auction sale of the mortgaged
The SC said, even if you have a single cause of action properties (MARILAG versus FERNANDEZ,
or violation of a right, you may be entitled to several G.R. No. 201892, JULY 22, 2015).
reliefs. So, you cannot file two cases based on a
single cause of action but you can in a SINGLE SUIT,
CLAIM SEVERAL CLAIMS. Discussion: Going back to that creditor, who
may file an action for collection of some of
money or foreclosure of mortgage. Again,
19:04-23:49 alternative lang ang iyahang remedy because he
only has 1 cause of action.
PRIVATE versus MAGADA You cannot also, in one case, ask for collection
and ask for foreclosure because the law
G.R. No. 149489, June 30, 2006 expressly says na alternative remedies.
For a single cause of action or violation of a If you remember in Art 1191, recission or specific
right, the plaintiff may be entitled to several performance, so you cannot file against the
debtor an action for recission at the same time,
reliefs. It is the filing of the separate
an action for specific performance. You can
complaints for these several reliefs that choose between any of them but not both.
constitutes splitting of the cause of action. This
is what is prohibited by the rule. When there is For example, you filed an action for collection
only one delict or wrong, there is but a single then you are considered to have waived the
cause of action regardless of the number of mortgage. If you choose to foreclose on the
rights violated belonging to one person. All mortgage, what happens if the mortgaged
property is insufficient in value to pay off all
such rights should be alleged in a single
obligations? There is was we call deficiency
complaint, otherwise they are barred forever. judgment in a foreclosure of mortgaged. You
can still recover whatever deficiency after
deducting the big\d price in the public auction
sale of the mortgaged properties as discussed in
Marilag vs Fernandez.
Kung naa man diay kay claim for hospitalization,
for professional fees, and damages, you should

Discussion:For example, you filed
simultaneously 3 cases based on quasi-delict.
EFFECT OF SPLITTING The pendency of the others will be ground for the
dismissal of the action.
Section 4. Splitting a single cause of action;
effect of. — If two or more suits are instituted Pwede pud na igifile nimo una katong
on the basis of the same cause of action, the hospitalization expenses na claim and then after
filing of one or a judgment upon the merits in you filed. Pending pa siya, nag filed an action for
any one is available as a ground for the profession fees and another action for damages.
Still, that would be considered as litis pendentia
dismissal of the others. (4a)
because there is still a pending case but you
instituted all other cases which are similar to the
pending case. The filing of one is available as a
ground for the dismissal of the others.
Discussion: We now know what is splitting.
Again, even if there is 1 cause of action then you
filed different cases. You have to remember that 23:50-28:35
you can have several prayers but you can only
lump these prayers in 1 case if the source of For the dismissal of the others, what would be the
these prayers/reliefs is only a single cause of cases which will be dismissed? We will discuss that
action. when we go to affirmative defense.
What is the effect if you split your cause of

action? Sec 4. The underlying principle of litis pendentia is the
theory that a party is not allowed to vex another
Meaning, your case may be dismissed. more than once regarding the same subject matter
and for the same cause of action. This theory is
For example, quasi-delict lang imung cause of founded on the public policy that the same subject
action but you filed 3 cases: matter should not be the subject of controversy in
courts more than once, in order that possible
1. Claiming hospitalization expenses conflicting judgments may be avoided for the sake
of the stability of the rights and status of persons,
2. Claiming for professional fees and also to avoid the costs and expenses incident
to numerous suits. Consequently, a party will not
3. Claiming for damages. be permitted to split up a single cause of action
and make it a basis for several suits as the whole
What is the effect? cause must be determined in one action.
The splitting or the filing of several cases

simultaneously is ground for the dismissal of the
action. DISCUSSION: We already discussed the underlying
principle of litis pendentia.
Splitting a cause of action amounts to:

Litis pendentia, which is a ground for the
dismissal of a civil action. It refers to that ● Res judicata, which is another ground for
the dismissal of a civil action. It holds that
situation wherein another action is pending
a final judgment on the merits by a court
between the same parties for the same cause
of competent jurisdiction is conclusive of
of action, such that the second action the rights of the parties in all later suits on
becomes unnecessary and vexatious. points and matters determined in the
former suit. It rests on the principle that
“the filing of one XXX is available as a parties should not to be permitted to
ground for the dismissal of the others.” litigate the same issue more than once.

● “XXX a judgment upon the merits in any
one is available as a ground for the ways:
dismissal of the others.”
1) filing multiple cases based on the
same cause of action and with the
DISCUSSION: Now, aside from litis pendentia, same prayer, the previous case not
splitting a cause of action could also amount to res having been resolved yet (where the
judicata. ground for dismissal is litis pendentia);
Question: What is res judicata as distinguished from 2) filing multiple cases based on the
litis pendentia? same cause of action and the same
prayer, the previous case having been
Answer: In res judicata, for example, there is already finally resolved (where the ground for
a case filed and then the case was decided on merits. dismissal is res judicata); and
It became final and executory. Another case based on
the same cause of action, although it may pray for 3) filing multiple cases based on the
another relief or remedy, but the cause of action is same cause of action but with
still the same, nagfile na pud ka subsequently. That different prayers (splitting of causes of
second case can be dismissed because of res action, where the ground for dismissal
judicata. is also either litis pendentia or res
judicata).
The finality of the first case is a ground for the
dismissal of the subsequent one. It rests on the
DISCUSSION:
principle that parties should not to be permitted to
litigate the same issue more than once. This what we
1) filing multiple cases based on the same cause of
mean by a judgment upon the merits in any one is
action and with the same prayer, the previous case
available as a ground for the dismissal of the others.
not having been resolved yet (where the ground for
dismissal is litis pendentia)
Explanation: Here, it’s forum shopping but the
● A mode of forum shopping by filing multiple ground for dismissal is litis pendentia.
cases based on the same cause of action, but
with different prayers. Forum shopping is the 2) filing multiple cases based on the same cause of
institution of two or more actions or action and the same prayer, the previous case having
proceedings involving the same parties for the been finally resolved (where the ground for dismissal
same cause of action, either simultaneously or is res judicata)
successively, on the supposition that one or the
other court would make a favorable Explanation: Here, the ground for dismissal is res
disposition. (YAP versus CHUA, G.R. No. judicata.
186730, June 13, 2012)
3) filing multiple cases based on the same cause of
action but with different prayers (splitting of causes
of action, where the ground for dismissal is also
DISCUSSION: This is actually similar to litis pendentia
either litis pendentia or res judicata)
but the difference is that forum shopping even the
lawyer can be held administratively liable. This is
Explanation: Just to make it appear na lahi sila na
frowned upon.
kaso but again ang iyahang source is same cause of
action lang gihapon. The ground for dismissal could
be litis pendentia or res judicata depende kung uang
kaso diha humanag decide sa court.
COLLANTES versus COURT OF APPEALS
G.R. No. 169604, March 6, 2007 So again, these are forms of forum shopping and if
there is forum shopping, the case can be dismissed,
● Forum shopping can be committed in three and the lawyers can be held administratively liable.

If the forum shopping is not considered willful and destination as contracted and was called a Filipino
deliberate, the subsequent cases shall be dismissed moron during the bumping off.
without prejudice on one of the two grounds
mentioned above.
DISCUSSION: If the forum shopping is not considered

willful and deliberate, siguro no wala lang kay idea na To know if you have causes of action na separate and
forum shopping jud diay to, the subsequent cases distinct from each other, see if you have different
shall be dismissed without prejudice on one of the sources of obligations because it is possible na a
two grounds mentioned above. This means that single act or omission can give rise to several causes
pwede na ang ubang actions katong subsequent ones of action. Isa lang sya ka-insidente.
i-dismiss. Katong 1st nimo na gi file, for example it is
litis pendentia, you filed several cases may be
simultaneously or successively based on the same
cause of action pero silang tanan pending pa. The Example:
other subsequent cases can be dismissed. So, naay
mabilin na lang katong first kung dili willful or A is passenger of a bus. While on board, paspas
deliberate imong forum shopping. kaayo magpadalagan – beyond the speed limit. And
then there is another car na nakipag race sa race.
And because of that, there was a collision whereby A
suffered injuries.
However, if the forum shopping is willful and
deliberate, both (or all, if there are more than two)
actions shall be dismissed with prejudice
Here, it is only one incident but how many cases can
DISCUSSION: So, tana sila ma dismiss. Walay mabilin the passenger file here?
and then with prejudice, you cannot refile again.
How many causes of action accrued in that particular
28:36-33:15 incident?
Even with prejudice, you cannot refile again. We have quasi-delict, fault or negligence.
Even if when you file the first case (pending pa sya), On whose part? Kay kinsa pwede i-file against ang
and then you file the 2nd, 3rd .. cases (pending quasi-delict case?
gihapon tanan), and actually there is still no decision
for any of those cases filed but the forum shopping is Kay bus driver.
willful and deliberate - all of those cases will be
dismissed and you cannot refile. So, walay nabilin But how about the owner of the bus? The bus
saimoha. Imbes naniguro ka na atleast man lang company? Pwede pud ba sya kasohan?
siguro sa kadaghan na cases na akong gi file, naa jud
tay maigo didto, karon wala nalang hinuon. It is the Yes, because the basis of employer’s liability is failure
consequence of forum shopping. to observe due diligence in the selection and
supervision of his employee. (Quasi-delict)
The rule is different when there are several cause

of action. Aside from that, the passenger can also file a case for
quasi-delict against sa driver sa car na nakipag race sa
bus because he was also negligent.
For example, a passenger of an airline was bumped
off of his first-class reservation in favor of a
Caucasian passenger. Thus, he did not reach his
That is why you have to implead everyone na you are

seeking relief against.
ANALYSIS
Here, there are three causes of action because

there were three violations committed:
Aside from quasi-delict, you can also file an action
(1) There was a breach of contract of carriage
based on breach of contract of carriage.
(2) There was a violation of Article 19, in
relation to Article 21, of the law on
Against whom?
human relations
(3) There is a violation of the law on
Against the owner of the bus because the passenger
defamation (because he was called a
was not carried safely to his destination.
moron in the presence of the other
passengers)
Although the acts complained of arose during the

There is also an obligation arising from delict.
same period of time, it does not mean that you are
absolutely required to lump them into one cause
Ngano man?
of action.
Because the act of racing by the bus driver was a
In this case, you can apply the rule on joinder of
reckless imprudence.
causes of action. You cannot split but you can
unite.
Under the RPC, there is a criminal case of reckless
imprudence resulting to physical injuries.
So what will happen here?
And as a consequence of that criminal case, there is (1) You may file three separate cases:
also a civil liability arising from delict. You can actually file one case for breach of
contract of carriage; one case for damages
So that is another cause of action. based on violation of Article 19 in relation to
Article 21 on human relations; and one case
33:16-38:02 Millan
for damages based on defamation.
(2) You may also choose to lump all of them in one
You are not splitting here because you can base your
case.
claim upon separate and distinct sources of
obligations, even if there’s only one incident. So under the Rule on Causes of Actions, if you only
have one cause of action, you cannot split your cause
In this example also, a passenger of an airline was
of action. But if you have several causes of actions,
bumped off of his first class reservation in favor of a
you can unite your causes of action, but subject to
Caucasian passenger. Thus, he did not reach his
the rule on joinder of causes of actions, and joinder
destination as contracted and was called a Filipino
of parties.
moron during the bumping off.
Principle to Remember
The question of whether a cause of action is single

and entire or separate is not always easy to
determine and the same must often be resolved,
not by the general rules, but by reference to the
facts and circumstances of the particular case.
The true rule, therefore, is whether the entire
amount arises from one and the same act or
contract which must thus be sued for in one
action, or the several parts arise from distinct and
different acts or contracts, for which a party may
maintain separate suits.

So actually class, it’s not easy to determine whether
or not you have a single cause of action or several
causes of actions. You have to consider the facts and
Rules to determine singleness of a cause of action
circumstances of the particular case.
Again, as I said, even if there is only one incident, but

that incident could give rise to several causes of
Rule No. 3: Do not apply Rule No. 2 if there is
actions, if you can predicate your claim on a different
stipulation or repudiation.
source of obligation. There are also cases na the
incidents happen on several or different occasions.
So kani, mas dali siya i-determine nga naa ka’y
separate cause of action kay the incident that
Rule No. 4: All obligations which have matured at
happened on this particular date is a separate cause
the time of the suit must be integrated as one
of action from the incident which happened on
cause of action in one complaint. Those not so
another date.
included would be barred.
But, for example, ang imohang cause of action is
based on a contract, then daghan violations of that
contract made on different occasions, but because
your cause of action is the breach of that single
contract, then you only have one cause of action. But
if based on the stipulation on that contract that there Read Rule No. 3
are acts to be done on separate occasions also, then
each separate occasion, when there is a breach Katong one stipulation-one cause, we will not apply
committed, is different from the others. that in Rule No. 3 if there is a stipulation or a
repudiation
So let’s just discuss the different scenarios. So again,
it’s possible na general rule: kung isa lang ka
situation/act, there is only one cause of action. But
there are cases na a single act or omission can give
Read Rule No. 4
rise to several causes of actions.
Kung isa lang pud imohang contract, general rule: isa RULE NO. 1
lang gyud na ka cause of action. But there are also
cases na it could give rise to several causes of actions. • A contract embraces only one cause of action
So let’s discuss:
because it may be violated only once, even if it
contains several stipulations (ONE CONTRACT-ONE
CAUSE).
Rules to determine singleness of a cause of action
-First stipulation: Maja borrowed money from Pia
Rule No. 1: A contract embraces only one cause of
action because it may be violated only once, even in the amount of 100,000; Second stipulation:
if it contains several stipulations (ONE CONTRACT- interest at 10%. Maja did not pay.
ONE CAUSE)
-Pia cannot sue on the 100,000 as principal and sue
Rule No. 2: A contract which provides for several separately on the amount of 10000 as interest.
stipulations to be performed at different times This is splitting of a cause of action.
gives rise to as many causes of action as there are
violations (ONE VIOLATION-ONE CAUSE)
38:03-42:49 BOLO
Read Rule No. 2

So, now we have the examples.

Read the slide.
RULE NO. 2
What are the remedies available to Pia?

•A contract provides for several stipulations to be
performed at different times gives rise to as many
Pia can of course collect the principal amount. Not
causes of action as there are violations (ONE
only that, she can collect the interest.
VIOLATION-ONE CAUSE)
Can Pia sue separately on the principal and then

•Where a contract is to be performed periodically,
another suit for the interest let’s say 10,000 interest?
as by installments, each failure to pay an
NO because there is only 1 contract. If you file
installment constitutes a cause of action and can
separate causes to sue the principal and the interest.
be subject of a separate suit as the installment falls
This is splitting a cause of action. There’s only 1
due, or can he included in the pending or
contract, therefore, there is only 1 cause of action,
supplemental pleading
even if there are several stipulations in the contract.
QUIOQUI vs BAUTISTA
Read 1st bullet.
Lahi pud ni siya sa katong rule no 1. Kay kato

•Non-payment of a loan secured by mortgage
although there are several stipulations pero wala
constitutes a single cause of action. The creditor
nakabutang nga naay different periods of
cannot split up this single cause of action into two
performance ang kada stipulation.
separate complaints, one for payment of the debt
and another for the foreclosure of the mortgage. If
he does so, the filing of the first complaint will bar
the second complaint. Pero kani, there is a contract to be performed
periodically. For example, by installment. For
example, there is a contract of loan to be paid
installment. Each failure to pay an installment,
constitutes a cause of action and can be subject of a
separate suit as the installment falls due.
This is also related to what we have already discussed
and then we have this case. Katong loan secured by a
mortgage. Again, diri alternative imohang remedy
but you only have 1 cause of action, which is the non-
Example
payment of the loan but you can file for a collection
for a sum of money or foreclosure. You cannot file 2 •Maja borrowed money from Sarah in the amount
cases based on one single cause of action. of 750,000. The amount, as per, contract, is
payable in three equal annual installments or
250,000 each from 2019 to 2021. Maja did not pay
in 2019. Sarah can sue Maja for such breach.
Otherwise, it will be splitting, and the filing of the 1st
complaint will bar the 2nd complaint.

anticipated default in 2020 or 2021.
•Subsequently, in 2020, Maja also did not pay so The action will be dismissed on the
Sarah can again sue Maja in 2020. ground of prematurity in as much as
the obligations to pay in 2020 and
2021 are still not due and
demandable.
Read the slide.
“Sara already has a cause of action against Maha for
So, there is already a cause of action for that collection of the 2019 installment. can also Sarah
installment (2019) include already the anticipated default in 2020 and
2021? Ah, siguro di pud ni mubayad sa iyahang
For bullet No. 2, that again is another cause of action. utang. Ah, sa iyang installment June 2020 or 2021
apilon nalang nako. Can that be done? No, because
the action will be dismissed on the grounds of
prematurity Why? kay wala pa man kay cause of
action for the installments due in 2020 or 2021? Diba
Can Sarah sue Maja for the whole amount in 2019? what are the elements of a cause of action you have
a right. now, your right to be paid of the 2020
• No. Sarah cannot, in 2019, sue for an anticipated installment will only arise in 2020. So definitely wala
default in 2020 or 2021. The action will be pa mo'y violation wala pa'y damages. Okay, so the
dismissed on the ground of prematurity inasmuch action is actually premature. 'Kay, the obligations to
as the obligations to pay in 2020 and 2021 are still pay in 2020 and 221 are still not due and not
not due and demandable. demandable.”
Exception to Rule No. 2

Now for example, balik the sa katong 1st situation.
Diba the loan is payable in 3 equal annual ● Do not apply rule 2 if there is
installments. So, 250,000 pesos each. 2019, 2020, STIPULATION or REPUDIATION
2021. Nagdefault si Maja for the 2019 installment
and therefore as we said, Sarah already has a cause “Okay, now, there's an exception to rule number
of action against Maja for collection of the 2019 two, which is our rule number three, do not apply
Rule number two if there is a stipulation or
installment
reputation. Let's explain that in subsequent slides.”
STIPULATION
● Maja borrowed money from Sarah in

the amount of P750,000. The
amount, as per contract, is payable in
three equal annual installments or
P250,000 each from 2019 to 2021.
42:50-47:30-Khayzee
The contract also contained a
stipulation that, in the event that
Maja should fail to pay one
Amount in 2019?
installment, the whole debt will be
demandable at once.
● No. Sarah cannot, in 2019, sue for an

“Okay, so, same gap on a contract noh, maja 2021. He cannot file separate suits for each
borrowed 750,000 from Sarah to be paid in three installment that would now be considered as
equal annual installments 250,000 each 2019 2020 splitting.
2021. Now, the contract also contains a stipulation
that in the event, that Maja should fail to pay one
REPUDIATION
installment the whole debt will be due and
demandable at once.”
● An unqualified and positive refusal
to perform a contract, though the
performance thereof is not yet
Clause in a contract?
due, may, if the renunciation goes
to the whole contract, be treated
● This is known as an ACCELERATION
as a complete breach which will
CLAUSE. An acceleration clause is a
entitle the injured party to bring
stipulation that, on the occasion of
his action at once (Blossom and
the debtor’s default, the whole sum
Company vs Manila Gas Corp GR
remaining unpaid automatically
No. L-32958)
becomes due and payable. [LUZON
DEVELOPMENT BANK v.s.
CONQUILLA. G.R. No. 163338, Repuduation It is an unqualified and positive refusal
September 21, 2005] to perform a contract though the performance there
all is not yet due. So it may, if the renunciation goes
through the whole contract, be treated as a complete
breach, which will entitle the injured party to bring
“What do we call this type of stipulation or clause in his action at once as discussed in the the case of
a contract? I believe na you already learned this also blossom and company incorporated versus Manila
on your obligations and contracts. This is what we gas Corporation. Okay example.
call an acceleration clause. Okay. It is a stipulation
stating that on the occasion of the debtor's default,
EXAMPLE
the whole sum remaining and paid automatically
becomes due and demandable has also discussed in
this case of Luzon, development bank versus Maja borrowed money from Sarah in the amount
Conquilla.” of P750,000. The amount as per contract is
payable in 3 equal annual installments or P250,000
each from 2019 to 2021. In 2019, Sarah demanded
If there is an acceleration clause, and Maja payment. Maja refused to pay and told Sarah that:
defaults in the payment of the installment due in “I will not pay you ever. Shet! Never! I never ever
2019, Sarah should include in the suit the due and made utang with you. Kiver!! Everrrrr!!!!!”
demandable installments for year 2020 and 2021.
“Okay. So if there is an acceleration clause and Maja So again, Maja borrowed money from Sarah in the
defaults in the payment of the installment due in amount of 750,000. As per contract amount is
year 2019, Sara should already include in the suit the payable in three equal annual installments or
due and demandable installments for year 2020 and 250,000 each from 2019 to 2021. wala siya
2021. He cannot file separate suits for each acceleration clause ha. now, in year 2019, When the
installment that would now be considered as first installment fell due. Sara demanded payment
splitting. “ from Maha and then maja said "Unsay utang? I do
not owe you anything I will not pay you ever, 'kay
Okay. So if there is an acceleration clause and Maja never" 'kay so wala, iyahang gi repudiate ang entire
defaults in the payment of the installment due in contract. Okay. So mag file karon si Sarah, a case
year 2019, Sara should already include in the suit the against my Maja in year 2019. Pwede na ba ni apilon
due and demandable installments for year 2020 and ang installments due for 2020 and 2021. She can
already include. why? because there's no

repudiation of the entire contract by repudiatoin "Di
also pay in 2020. Sarah can sue Maja in 2020 for
ka na ka expect na in year 2020 mag bag-o napud ug
the failure to pay for two years. If Sarah sues only
isip si Maja so kung maningil ka ana in 2020, maningil
for the second installment in 2020, the claim for
na pud 250,000. Mao lagi na si Maja, kagahi ba nimog
2019 is barred.
ulo. Di ba gi ingnan tika na wa koy utang sa imoha. So
maningil napud ka karon unya mao napud ang iyang
dialogue in 2021. Okay, so here, wala na, okay, you Again, in the previous rule, there is only one contract
can sue for the entire amount involved in the of loan but there are three installments that are due
contract. under that contract. Kunyare yearly gasingil si Sarah
til 2021 pero wala gihapon nibayad si Maja. Now
there are 3 installments due, as we said before na
each installment is separate and distinct from the
RULE NO. 4
other, so pwede si creditor maka file ug different
case for each installment which became due and
All obligations which have matured at the time of demandable and for which the debtor defaulted.
the suit must be integrated as one cause of action However, such rule applies only if at the time that
in one complaint. Those not so included would be the creditor sued, only one installment is due and
barred. demandable.
If for example by the time that the creditor sues,

Rule number four, all obligations which must which several installments have become due and
have matured at the time of the suit must be demandable, the creditor MUST SUE FOR ALL
integrated as one cause of action in one complete INSTALLMENTS THAT BECAME DUE AND
those not sa included would be deemed would be DEMANDABLE. So if mukaso najud si Sarah, she has
barred. to include all her claims against Maja based on that
same contract. So in 2021, 3 installments have
become due and demandable. Therefore, filing one
case for one installment is not an option because as
47:31-52:48 Gennard of the time the action is instituted, all those
installments under the same contract have become
due and demandable. Sarah should sue for all. If she
EFFECT only sues for one installment, the other installments
By denying the existence of the debt, Maja is will be considered as barred because by then, she is
repudiating the existence of the debt. Sarah should considered as splitting her cause of action.
not wait anymore for 2020 or 2021 to sue on these
installments. She has the right to expect that Maja
will raise the same defense in 2020 or 2021. JOINDER OF CAUSES OF ACTION
JOINDER OF CAUSES OF ACTION

Section 5. Joinder of causes of action. - A party
RULE NO. 4 may in one pleading assert, in the alternative or
All obligations which have matured at the time of otherwise, as many causes of action as he may
the suit must be integrated as one cause of action have against an opposing party, subject to the
in one complaint. Those not so included would be following conditions:
barred. a. The party joining the causes of action
shall comply with the rules on joinder of
parties;
b. The joinder shall not include special civil
EXAMPLE actions or actions governed by special
Maja borrowed money from Sarah in the amount rules;
of P750,000. The amount, as per contract, is c. Where the causes of action are between
payable in three equal annual installments or the same parties but pertain to different
P250,000 each from 2019 to 2021. Maja did not venues or jurisdictions, the joinder may
pay in 2019. Sarah did not sue then. Maja did not

case, although you have several cause of action, isa
be allowed in the Regional Trial Court
ra na siya ka appearance fee.
provided one of the causes of action falls
within the jurisdiction of said court and
So the joinder of separate cause of action where
the venue lies therein; and
allowable is permissive and not mandatory. You are
d. Where the claims in all the causes of
not compelled to join them all. Unlike kung isa lang
action are principally for recovery of
imong cause of action and then you have several
money, the aggregate amount claimed
prayers, you are mandated to file only one case
shall be the test of jurisdiction.
because you only have one cause action. So lahi ng
prayers, lahi pud ng cause of action. Pero kung
Joinder of causes of action refers to two or more daghan kag cause of action, allowed i-join. Although
causes of actions that a party would like to join in pwede pud na imo i-separate.
one case. This is governed by Section 5.
Application
DEFINITION
Maja obtained several loans from Sarah, namely:
By a joinder of actions, or more properly, a joinder
- On January 1, 2019, 500,000 due on
of causes of action, is meant as the uniting of two
December 31, 2021;
or more demands or rights of action in one action,
- On January 1, 2020, 500,000 due also on
the statement of more than one cause of action in
December 31, 2021; and
one complaint. It is the union of two or more civil
- On January 1, 2021, 500,000 due also on
causes of action, each of which could be made the
December 31, 2021.
basis of a separate suit, in the same complaint,
Maja did not pay any of these loans.
declaration, or petition.
How many cause of action?
There are three separate cause of action so Sarah
may file three separate cases.
Can Sarah file just one case?
52:49-58:05 - Yes Sarah is allowed to do so under the
rule on joinder of causes of action.
So actually, you have several cause of actions here, Is Sarah required to file just one case?
either against one party or against different parties - No. The rule on joinder of causes of action
but you are joining them all and you are only filing is permissive and not mandatory. The plaintiff has
one case. So isa lang ka docket number ang caso but the option to apply the rule or not.
there are several cause of actions involved in one Ultimate Joinder is not allowed.
complaint. - While the rule allows a plaintiff to join as
many separate claims as he may have, there
Nature should nevertheless be some unity in the problem
A party is generally not required to join in one suit presented and a common question of law and fact
several distinct cause of action. The joinder of involved, subject always to the restriction thereon
separate cause of action, where allowable, is regarding jurisdiction, venue and joinder of parties.
PERMISSIVE and NOT MANDATORY in the absence Unlimited joinder is not authorized.
of a contrary statutory provision, even though the - Our rule on permissive joinder of causes
causes of action arose from the same factual of action, with the proviso subjecting it to the
setting and might under applicable joiner rules be correlative rules on jurisdiction, venue and joinder
joined. of parties and requiring a conceptual unity in the
problems presented, effectively disallows
unlimited joinder.
The rule allows na pwede nimo siya i-join kau mas Types of Joinder
actually economical on the part of the parties “in the alternative or otherwise”
because you don’t pay separate docket fees for each - There may be:
case. And then maghearing kung dili siya i-join lahi- 1. Alternative Joinder; or
lahi na siya ug hearing date, and taga hearing 2. Cumulative Joinder.
mubayad man kag appearance fee sa imong lawyer,
so masdaku kag bayaran. Whereas if isa lang siya ka

In an Alternative joinder, here you are not claiming
that the pronouncement in the action for
against both. You are just claiming against anyone of
recognition is a condition precedent to
them, alternately or alternatively. Example.
the grant of relief in the action for
support.
Alternative joinder
- Maja rode on the bus operated by Sarah.
Here, pwede nga, if we are taking of joinder of causes
The bus collided with the jeepney operated by Pia.
of actions, imuhang causes of actions both nimo siya
Maja sustained minor injuries.
ginaclaim, dili na siya alternative. Or against several
- In this case, Maja has two possible cause
parties, A and B, or Pia and Sarah, you are claiming
of action: one for culpa contractual (breach of
from both Pia and Sarah, not merely against Pia or
contract of carriage) against Sarah and one for
Sarah. That’s cumulative.
culpa aquilana (quasi-delict against Sarah and Pia
under Art. 2176 and 2180 of the Civil Code).
Here, example, Maja’s son sues Nestor for
However, Maja is not certain who among the
compulsory recognition as illegitimate child and
drivers or operators were actually negligent.
support. Unsa man ang kanyang causes of actions
here? We have compulsory recognition as illegitimate
Sarah’s liability here is what we call precarious child and support. And not or. These are pursued
liability under Art. 2180. cumulatively. It can even be said that the
pronouncement in the action for recognition is a
condition precedent to the grant of relief in the
58:06 – 1:03:22 DEROGONGAN action for support. Diba because the basis of support
is your filiation and not just anyone na makita nimo
If you are the employer, you should exercise due sa tala na mangayo ka for support. Murag kang
diligence in the selection and supervision of your beggar. There should be a basis. Both cumulative.
employees. So kung ang imong employee for
example, here, was negligent, as the employer you
Requisites of Joinder
are solidarily liable with your employee. However
here, Maja is not certain on who among the drivers
While joinder of causes of action is largely left to
and operators were actually negligent.
the option of a party litigant, Section 5, Rule 2 of
our present Rules, allows causes of action to be
Maja, sue both Sarah and Pia to recover damages.
joined in one complaint conditioned upon the
From whom? To either Sarah or Pia or both. Depende
requisites in Section 5.
kung kinsa ang negligent. Take note here that the
plaintiff is seeking relief from whoever was negligent.
This is related to Rule 3, Section 13, which states Depende ra na sa parties if ilahang i-join ang ilahang
that: causes of actions or he will file separate cases for
each cause of action. However, we have to follow the
Sec. 13. Alternative defendants. – Where the plaintiff rules on joinder. Dili pud pwede na ikaw lang
is uncertain against who of several persons he is magbuot if i-join nimo. Naay requisites for a party to
entitled to relief, he may join any or all of them as join several causes of actions. That’s the codal
defendants in the alternative, although a right to provision.
relief against one may be inconsistent with a right of
relief against the other. (13a)
Cumulative Joinder
· Maja’s son sues Nestor for compulsory

recognition as an illegitimate child and
support. There are two causes of action:
one for recognition AND one for support.
· Note that these causes of action are
pursued cumulatively. It can even be said

actions, A separate against B, separate against C.
(A) The party joining the causes of action shall
Pwede sila ijoin but take note, there should be a
comply with the rules on joinder of parties.
question of fact or law common to all such plaintiffs
or to all such defendants in the action. Naa dapat
· Rule 3, Section 6. Permissive joinder
common question of fact or law.
of parties. – All persons in whom or
against whom any right to relief in
1:03:23-1:08:39 - Althea
respect to or arising out of the same
transaction or series of transactions is
alleged to exist, whether jointly, Di pwede na lahi or far-fectched ang imong cause of
severally, or in the alternative, may, action against A. Dapat nay commonality.
except as otherwise provided in these
Rules, join as plaintiffs or be joined as
defendants in one complaint, where SAME EXAMPLE AS ALTERNATIVE JOINDER (PPT)
any question of law or fact common Maja rode on the bus operated by Sarah. The bus
to all such plaintiffs or to all such collided with the jeepney operated by Pia. Maja
defendants may arise in the action; sustained minor injuries.
but the court may make such orders
as may be just to prevent any plaintiff In this case, Maja has two possible causes of action:
or defendant from being 1. one for culpa contractual (breach of contract
embarrassed or put to expense in of carriage) against Sarah and
connection with any proceedings in 2. one for culpa aquiliana (quasi-delict against
which he may have no interest. Sarah and Pia under Articles 2176 and 2180 of the
Civil Code).
First requisite. The party joining the causes of action However, Maja is not certain who among the drivers
shall comply with the rules on joinder of parties. Take or operators were actually negligent.
note ha, kani siya na requisite will only apply if you
are filing against several parties. For example, you
are going to join them all in one action. Kung In this example, Maja may, in one complaint, sue
halimbawa, isang party lang ang imuhang kalaban, both Sarah and Pia and recover damages from either
ofcourse, there is no need to comply with the rules Sarah or Pia or both. Take note that the joinder of
on joinder because there are no parties to be joined, Sarah and Pia in one complaint is allowed because
only one. So kani siya ang requisite. there is a question of law or fact common to both
such defendants (i.e., who is negligent?).
Now, what are the rules on joinder of parties? Mao ni
siya sa Rule 3, Section 6. All persons in whom or So, pwd i-join ni Maja ang case na iyang i-file against
against whom any right to relief in respect to or Sarah and Pia. Although here alternative lang iyang
arising out of the same transaction or series of joinder, but still, it is a joinder.
transactions is alleged to exist, whether jointly,
severally, or in the alternative, may, except as SPS. PEREZ versus HERMANO
otherwise provided in these Rules, join as plaintiffs or G.R. No. 147417, July 8, 2005
be joined as defendants in one complaint, where any
question of law or fact common to all such plaintiffs Held: It is well to remember that the joinder of
or to all such defendants may arise in the action; but causes of action may involve the same parties or
the court may make such orders as may be just to different parties. If the joinder involves different
prevent any plaintiff or defendant from being parties, as in this case, there must be a question of
embarrassed or put to expense in connection with fact or of law common to both parties joined, arising
any proceedings in which he may have no interest. out of the same transaction or series of transaction.
Mao ni siya ang requisite. Kung ijoin nimo ang several

parties where you have separate causes of actions, (b) The joinder shall not include special civil
pwede. Naa kay separate causes of actions, A against actions or actions governed by special rules;
B, against C. Mao ni sila ang mga defendants. Not
one cause of action ha, kundi separate cause of • You cannot join a civil action with another

action which is governed by special rules; So the joiner of the two actions is specifically
• You cannot join an ordinary civil action with enjoined by Section 5 of Rule 2 of the Rules of Court.
a special civil action;
• You cannot join an ordinary civil action with CABALLES vs. COURT OF APPEALS
a special proceeding;
• You cannot join two special civil action GR No. 163108 - February 23, 2005
because joinder of action refer only to ordinary civil
action; A petition for the writ of habeas corpus, which is a
• You cannot joint a civil action governed by special proceeding cannot be joined with a special
the regular rules with a civil action which governed civil action for certiorari. These two remedies are
by the summary rules. governed by different sets of rules.
The reasons for this prohibition may be summed up

as follows:
• TO AVOID CONFUSION. Rules of procedure READ the following cases:
for special civil actions and actions governed by
special rules are peculiar to the latter. The same PEYER vs. MARTINEZ, et. al.
cannot be applied to an ordinary civil action.
• TO AVOID JURISDICTIONAL ISSUES. Actions GR No. L-3500 - January 12, 1951
governed by special rules are, more often than not,
cognizable by quasi-judicial tribunals. There can be RE: Application to pronounce husband as an
no joinder where one of the issues to be tried absentee with action to transfer the management of
pertains to a tribunal of special jurisdiction. conjugal assets to the wife
TERAÑA versus DE SAGUN

G.R. No. 152131, April 29, 2009 BRIZ vs. BRIZ, et.al.
Held: In forcible entry or unlawful detainer cases, the GR No. 18413 - September 20, 1922
only damage that can be recovered is the fair rental
value or the reasonable compensation for the use RE: An action for declaration of heirship with an
and occupation of the leased property. The reason action to recover the land subject of partition and
for this is that in such cases, the only issue raised in distribution proceeding
ejectment cases is that of rightful possession; hence,
the damages which could be recovered are those
which the plaintiff could have sustained as a mere
possessor, or those caused by the loss of the use and
occupation of the property, and not the damages
which he may have suffered but which have no direct CENTRAL BANK BOARD OF LIQUIDATORS vs. BANCO
relation to his loss of material possession. FILIPINO
An action for reimbursement or for recovery of GR No. 173399 - February 21, 2017
damages may not be properly joined with the action
for ejectment. The former is an ordinary civil action RE: Joiner that does not comply with the requisites
requiring a full-blown trial, while an action for (What are the consequences?)
unlawful detainer is a special civil action which
requires a summary procedure. The joinder of the
two actions is specifically enjoined by Section 5 of
Rule 2 of the Rules of Court. SALVADOR vs. PATRICIA, INC.
GR No. 195834 - November 9, 2016
The joinder of the action for injunction and the

CHAM 01:08:38-01:13:56 action to quiet title is disallowed by the Rules of
Court, the first being an ordinary suit and the latter a

special civil action under Rule 63. Clearly, under REMEMBER:
Section 5 (b), Rule 2, “the joinder shall not include
special civil actions or actions governed by special There can be a joiner in the RTC even if some of the
rules.” cases should have been filed with the MTC, as long as
you comply with the Rules on Joinder. Pero dili
pwede na sa MTC nimu i-join ang cases na
supposedly cognizable sa RTC.
What is the effect if there is an improper joinder?
Consequently, the RTC should have severed the

causes of action (bulagon dapat nya) Pwede ka magsagol ug MTC and RTC cases sa RTC,
but not MTC and RTC cases in the MTC.
How?
EXAMPLE No. 1
Upon motion (of defendant) or motu proprio, and
tried them separately, assuming it had jurisdiction Maja is a squatter on two lots owned by Bangs. Bangs
over both. Meaning: I-docket na sya separately; dili therefore has two causes of action against Maja, one
lang isa ka-docket number. Lahi jud na sya na kaso, for each lot. The assessed value of Lot A is P15,000
although the same court will hear it. while that of Lot B is P100,000. Assume that more
than one year had already elapsed since Maja
entered the property of Bangs.
Such severance is pursuant to Section 6, Rule 2 of the For both lots, Bangs cannot file an action for forcible
Rules of Court. xxx entry anymore. For Lot A, Bangs must file an ordinary
action for recovery of possession against Maja before
the MTC, but for Lot B, she should file it before the
RTC.
BELO MEDICAL GROUP vs. SANTOS and BELO
TAKE NOTE:
GR No. 185894 - August 30, 2017
Under Section 5 (c) of Rule 2, the causes of action
Interpleader cannot be joined with declaratory relief. between the same parties but pertaining to different
They are both special civil actions. Joiner applies only jurisdictions can be joined in the RTC.
to ordinary civil actions.
WHY?
Because one of the causes of action falls within the

3RD REQUISITE jurisdiction of the RTC. So here, Bangs may join the
two cases in the RTC.
Joinder in the RTC
1:13:57- 1:19: 14 Seruela
(c) Where the causes of action are between the same

parties but pertain to different venues or Example No. 2
jurisdictions, the joinder may be allowed in the
Regional Trial Court, provided one of the causes of Maja is a squatter on two lots owned by
action falls within the jurisdiction of said court and Bangs. Bangs therefore has two causes of
venue lies therein. action against Maja, one for each lot. The
assessed value of Lot A is P15,000 while that

of Lot B is P100,000. Assume that less than special rules.
one year had elapsed since Maja entered the
Lot A but more than one year since she · Take note that forcible entry is a special
entered Lot B. civil action under Rule 71 and governed by the
Summary Rules.
Answer: Thus for Lot A, Bangs must file an
action for forcible entry against Maja before
the MTC and, for Lot B, she should file an
action for recovery of possession before the
RTC. Discussion:
As we have just discussed the Joinder shall not

Discussion: include civil actions or actions governed by special
rules. The Forcible entry case is a special civil action
For Lot A, Bangs must file an action for forceable which is governed by the Summary Rules, therefor, it
entry because all the requisites were present. Where cannot be joined with the RTC with the ordinary civil
is then the jurisdiction for forcible entry? It is the action for recovery of possession.
MTC. For Lot B, since it is already for more than one
year it should be an ordinary action for recovery of
possession. Since the assessed value is P100,000,
then, the jurisdiction should be with the RTC. Example No. 3
Maja has two cause of action against Bangs. The

first one is for moral damages in the amount of
P59,000 for violation of her right to privacy. The
Note: other one is an injunction under Article 26 of the
Civil Code on the same invasion of property.
Under Rules 2, Section 5(c), the cause of action
between the same parties but pertaining to Note that an action for damage is cognizable by
different jurisdiction can be joined in the RTC the MTC because of the amount, Note also that
because one of the cause of action falls within the the action for injunction is cognizable by the RTC,
jurisdiction of the Same. being an action incapable of pecuniary estimation.
Thus, Bangs may join the two case in the

RTC?
Under these facts…
The cause of action between the same parties but

pertaining to different jurisdiction can be joined in
Discussion: the RTC because one of the cause of action falls
within the juruisdiction of the same. Maja can
So again, following Rule 2 Section 5(c), are we saying therefore join the two cases before the RTC.
that Bangs may joined the two cases in the RTC, both
the forcible entry and an action for recovery of
possession?
Discussion: can the actions be joined? Yes, even if
they pertain to different jurisdiction, they can be
joined. Where? In the RTC.
WRONG
· (B) the joinder shall not include the

special civil actions or actions governed by Example No. 4

Lastly as a requisite:
Maja is a squatter on two lots owned by Bangs
– one in Davao and the other in Digos, Bangs
therefore has two causes of action against Maja,
one for each lot. The assessed value for both lot is Restatement of the Totality Rule
the same – P200,000 each. Assume that more
than one year had already elapsed since Maja · (d) where the claims in all the cause of
entered the property. action are principally for recovery of money,
aggregate amount claimed shall be the test of
For Lot A, Bangs must file an accion publiciana jurisdiction
in Davao (RTC) and for Lot B, it is also an accion
publician in Digos (RTC).
Patranco v Standard
Discussion
G.R. No. 140746, March 16, 2005
It is an action for recovery of possession or accion
Publiciana. Actually since it is a real action, the action · In 1984, Gicale was driving his jeepney
as for the venue must be instituted in the place when he was bumped by a bus owned by
where the real property is located. So Lot A must be Pantranco. The bus sped away. Gicale
filed in Davao and because the assessed value is reported the incident to the police and also to
more than P20,000. For Lot B, the accion publiciana the insurer of jeepney, Standard insurance.
must be filed with Digos City.
· The total cost of the repair was
P21,415.00, but respondent Standard paid
only P8,000.00. Gicale shouldered the balance
Joinder of P13,415.00
Under Rule 2, Section 5(c), the causes of action

between the same parties but pertaining to
different venues can be joined in the RTC of either
venue. Discussion:
So, Bangs can join the two action in either the This was before the amendment brought by RA
RTC of Davao or the RTC of Digos. 7961. So, this case was still under BP 129
Note: 1:19:15 – 1:24:32 Espuerta
There must be at least one cause of action the

jurisdiction of which falls within the RTC. If both PANTRANCO versus STANDARD
are MTCs, there can be no joinder, In the latter
case, two separate actions must filed. Take note
GR No. 140746, March 16, 2005
also that the cause of action of the same plaintiff
must be against the same defendant.
- In 1984, Gicale was driving his jeepney when
he was bumped by a bus owned by Pantranco. The
bus sped away. Gicale reported the incident to the
police and also to the insurer of the jeepney,
Discussion: the first paragraph refers to two causes Standard Insurance.
of action pertaining to different venues or different
jurisdictions. Here the joinder should be with the - The total cost of the repair was P21,415.00,
RTC.

- So kung muingon ka na RTC has jurisdiction over
claims exceeding P20,000, so katong below P20,000,
but respondent Standard paid only P8,000.00.
MTC lang to siya dapat.
Gicale shouldered the balance of P13,415.00
- Here, this happened in 1984, so ang jurisdiction RULING

amounts here is different pa kaysa sa karon. This was
decided before the amendment brought about by RA
- In this case, there is a single transaction
7961. So purely BP 129 pa ni siya
common to all, that is, Pantranco’s bus hitting the
rear side of the jeepney. There is also a common
question of fact, that is, whether petitioners are
negligent. There being a single transaction
- Thereafter, Standard and Gicale demanded common to both respondents, consequently, they
reimbursement from Pantranco and its driver, but have the same cause of action against petitioners.
they refused. This prompted responednts to file
with the RTC of Manila a complaint for sum of
money.
- So, proper ang joinder here. Actually, they have
- In their answer, Pantranco and its driver the same cause of action, so joinder of parties.
specifically denied the allegations in the complaint
and averred that it is the MTC, not the RTC, which
has jurisdiction over the case due to the amounts
claimed by each plaintiff (Gicale for P13,415 and
- Corollarily, Section 5(d), Rule 2 of the same
Standard for P8,000). They also insist that the RTC
Rules provides that where the claims in all the
has no jurisdiction over the case since the cause of
causes of action are principally for recovery of
action of each respondent did not arise from the
money the aggregate amount claimed shall be the
same transaction and that there are no common
test of jurisdiction.
questions of law and fact common to both parties.
- This paragraph embodies the TOTALITY RULE
as exemplified by Section 3(1) of BP 129 which
states, among others, that “where there are
- Actually, duha ang parties nagjoin as plaintiffs,
several claims or causes of action between the
so dili na siya joinder as defendants but joinder of the
plaintiffs, Standard ang Gicale. same or different parties, embodied in the same
complaint, the amount of the demand shall be the
totality of the claims in all the causes of action,
irrespective of whether the causes of action arose
out of the same or different transactions.
NOTE
- In 1984, the RTC still had jurisdiction over

claims exceeding P20,000. This case happened - Let me clarify first ha, the Totality Rule. For
before RA 7961 which amended BP 129 and example, ikaw si plaintiff, isa lang ka. Daghan ka
expanded the jurisdiction of the several courts. causes of action against one defendant. So under the
Totality Rule, the basis of determining the jurisdiction
shall be the total of all the amounts you are claiming
against the same defendant, although you cause of
actions are sepearat and distinct from each other.

And although they arise out of… they do not arise out
of the same transaction occurrence. Just have here a
2005
case of joinder of cause of action.
- Now if it is a joinder of parties like A, B, and C

are filing a case against X. So again, under the Totality
Rule in determining the jurisdiction of the court, you Misjoinder of causes of action and parties do not
have to add all of the claims of A, B, and C. But involve a question of jurisdiction of the court to
because we’re talking here of joinder of parties, aside hear and proceed with the case. They are not even
from joinder of cause of action, it is required na accepted grounds for dismissal thereof.
under the rule on joinder of parties na the claims of
A, B, and C must arise out of the same transaction or
occurrence. So, there must be a common question of
fact or law.
Instead, under the the Rules of Court, the
- Here, naa gyud common question of fact or law misjoinder of causes of action and parties involve
according to the Supreme Court because even if an implied admission of the court’s jurisdiction. It
Standard bases its claim under the insurance contract acknowledges the power of the court, acting upon
but the reason for that is the incident, the negligence the motion of a party to the case or on its own
of Pantranco and its driver. initiative, to order the severance of the misjoined
cause of action, to be proceeded with separately
- So here, we follow the Totality Rule.
(in case of misjoinder of causes of action); and/or
the dropping of a party and the severance of any
claim against said misjoined party, also to be
proceeded with separately (in case of misjoinder of
parties).
1:24:33 - 1:29:44 - Eborde
Continuation..
PANTRANCO V. STANDARD
Here we follow the TOTALITY RULE. Although And misjoinder dili siya ground for dismissal, dili pud
Standard’s claim is 8,000, kung siya lang MTC, Gicale sila affirmative defenses.
is 13,415.00, kung siya lang MTC gihapon because
less than 20,000. But if you total these claims, it’s So for example, there is a case of misjoinder of
already 21,415.00. Under that time when this case action. Like you misjoined your cause of action. I-
was instituted, above 20,000 falls within the drop lang to siya, but it will not be dismissed if within
jurisdiction of the RTC. the jurisdiction siya sa same court. I-docket lang to
siya separately and will be heared separately. It will
So, here, clearly it is the RTC who has the jurisdiction be proceeded with separately. Dapat naay hearing
over the case. for that separately.
What is the effect if there is a misjoinder? Kung halimbawa, misjoinder of parties. I-drop lang
pud siya sa case and proceeded with separately.
Section 6. Misjoinder of cause of action – Misjoinder
is not a ground for dismissal of an action. A misjoined
cause of action may, on motion of a party or on the ADA v. BAYLON, G.R. No. 182435, August 13, 2012
initiative of the court, be severed and proceeded
with separately.
Here there was a misjoinder of causes of action.

REPUBLIC v. HERBIETO, G.R. No. 156117, May 26,

It should be emphasized that the foregoing
Why? Because the action for partition was joined rule only applies if the court trying the case
with action for rescission of a donation inter vivos. has jurisdiction over all of the causes of action
So ang action for partition is a special civil action therein notwithstanding the misjoinder of the
governed by Rule 69 of the Rules of Court. Action same. If the court trying the case has no
for rescission is an ordinary civil action. You cannot jurisdiction over a misjoined cause of action,
join an ordinary civil action with a special civil then such misjoined cause of action has to be
action. Lahi-lahi na sila ug procedure. (in joining severed from the other causes of action, and
causes action) There should be a uniform if not severed, any adjudication rendered by
procedure. That is why you joined para convenient the court with respect to the same would be
siya. of nullity.
What if the court tried the case has no jurisdiction

over some of the misjoined causes of action like
So kung gi join nimo pero lahi-lahi man diay sila ug again diba we said na a forcible entry case and an
procedure, di sila ma hearing at the same time, it ordinary action for recovery of possession cannot be
defeats the purpose of joinder. The purpose here joined because the forcible entry case is a special civil
action and governed by the summary rules. While a
is to avoid confusion in determining what rule
recovery of possession of real property case action
should govern the conduct of the proceeding, as
publiciana is governed by the ordinary rules and the
well as the determination of the presence of jurisdiction is determined by the assessed value of
requisite elements of each particular cause of the property. Assuming na kato siya is properly
action. within the RTC kay more than 20 thousang ang
assessed value sa property joined with the forcible
entry case in the RTC. Here obviously number 1
improper ang joinder so there is a misjoinder of
Now, because there was a misjoinder of causes of cause of action. And then what will happen here we
cannot apply the rule na the court can just proceed
action, should the court dismiss the case?
with the case because there is no objection.
Why? Because in the first place improper ang joinder

so dapat dili gyud sila i-join and the MTC case the
The Supreme Court said NO. It is not a ground for forcible entry is obviously not within the jurisdiction
dismissal. Indeed, the courts have the power have of the RTC. So even if the RTC proceeds with the case
the power, acting upon the motion of a party to in hearing the two cases forcible entry and recovery
the case or sua sponte, to order the severance of of possession against one defendant like for example
the misjoined cause of action to be proceeded defendant B even if walay nag object sa ilahang duha
si plaintiff ug defendant wala, but the court thus not
with separately. However, if there is no objection
obtain jurisdiction over such misjoined cause of
to the improper joinder or the court did not motu
action. Any adjudication rendered by the court with
proprio direct a severance, then there exists no respect to the same would be a nullity.
bar in the simultaneous adjudication of all the
erroneously joined causes of action. Now lahi tong mga cases na atong gi discuss na
joinders of the case in the RTC even if one case is
within the MTC ang jurisdiction pwede siya ma joined
sa case with the RTC as long as the joinders made in
the RTC but that presupposes that all the requisites
for a proper joinder are present. Here, dili present
ang other requisites dili proper joinder kay again the
1:29:50 - end JOE one which is joined is a special civil action so in the
first place walay reasons for the joinder so dili nato
ma apply ang rule nga joinder can be done in the

RTC. So here the adjudication of the forcible entry different cause of action so you can actually file
case which is misjoined in the RTC with the recovery separate cases. Pero in the middle of the trial pwede
of possession case is a nullity. mo ingon si court nga even if there based on
separate cause of action but it is a common question
of fact or law the court can order a joint hearing or
trial of those matters or issues. This would respect to
consolidation.
RELATED RULE
In Section 2 of Rule 31 naman we have separate
trials.
Rule 3, Section 11. Misjoinder and non-joinder of
parties. – Neither misjoinder nor non-joinder of
parties is ground for dismissal of an action. Parties
may be dropped or added by order of the court on Section 2. Separate trials. – The court, in
motion of any party or on its own initiative at any furtherance of convenience or to avoid prejudice,
stage of the action and on such terms as are just. may order a separate trial of any claim, cross-
Any claim against a misjoined party may be claim, counterclaim, or third-party complaint, or
severed and proceeded with separately. any separate issue or of any number of claims,
cross-claims, counterclaims, third-party complaints
or issues.
Discussion: In relation to misjoinder we have the

related rules in Rule 3, Section 11 so misjoinder and Discussion: So pwede pud niya i-separate ang trial
non-joinder of parties neither misjoinder nor non- even gi joined siya in one case but the court can
misjoinder is a ground for dismissal of an action. order separate trial of any of those issues involved in
Parties may be dropped or added by the order of the the case. Okay so this would be all for Rule 2.
court on motion of any party or on its own initiative
at any stage of the action and on such terms as are
just. Any claim against a misjoined party may be
severed and proceeded with separately. So klaro diri
it’s not a ground for dismissal of an action. We will
discuss this again when we go to Rule 3.
Nothing follows.
We also have this Rule in Section 1 of Rule 31. So we
are looking here in a severance portion.
Consolidation or Severance
Section 1. Consolidation. – When actions involving

a common question of law or fact are pending
before the court, it may order a joint hearing or
trial of any or all the matters in issue in the actions;
it may order all the actions consolidated, and it
may take such orders concerning proceedings
therein as may tend to avoid unnecessary costs or
delay.
Discussion: So here pwede its possible na when you

file the case wala kay joinder giisa-isa jud nimo ug file
ang kaso although they arise out of the same
transaction or reference and then they involved a
common question of fact or law pero based on

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substantive law.

Let us suppose that B breached

In this example, A has the right to be paid by B, this is

NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 1

2. Provisional Remedies 5. Evidence is the means sanctioned by the Rules of

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Article VIII Section 1 A judge is human person; a creation of nature. Dili

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There is none, the judge who will subsequently be

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b. To enforce order in proceeding before

c. To compel obedience of judgment,

h. To authorize a copy of a lost or

NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 7

And let's not forget:

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DISCUSSION: The SC said, in this case, there is

Thus, since Reyes is demanding to rescind the

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Definition of Jurisdiction Now, I assigned to you the case of Naga Telephone

Two meanings of jurisdiction

1. The authority to hear and decide a case.

It could be denoted as the authority; it is the

2. Defined area of responsibility

But it can also be understood as the area of

So, what court has jurisdiction? This is more relevant

So again, the authority to hear and decide as well as

I mentioned before equity jurisdiction. Now, what do

It is a situation where the court is called upon to

If we go back to the case of Reyes, which we have

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As we will discuss later on, to determine which court

So, based on the allegation in the complaint, there is

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Certiorari “Jurisdiction over the issues is determined and

NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 16

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Who is the petitioner?

Usually in administrative cases, special proceedings,

If it is a civil action, they are referred to as plaintiff or

Later we will learn that there could be intervenor - he

NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 22

On the part of the defendant CARSON REALTY & MANAGEMENT

NOTES ON CIVIL PROCEDURE A.Y. 2020-2021 PAGE 23

Important consideration that you need to remember

Here, from the moment that the lawyer filed a notice

JURISDICTION OVER THE

JURISDICTION OVER THE RES

Jurisdiction over the “res” or the “thing” in dispute

NOTE: Jurisdiction over the res may be acquired by

This is discussed in Rule 14, how we acquire

In special proceedings, in order for the court to

In property, like foreclosure of the mortgage, so we