Civil Procedure - TSN - Exam 1
Civil Procedure - TSN - Exam 1
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]
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
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
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.
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
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
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.
Equity of Jurisdiction
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
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.
● 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.
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
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.
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.
● 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
1. Summons
2. Voluntary submission to the jurisdiction of
the court.
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
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.
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.
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.
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
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.
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
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
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
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
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
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.
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.
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).
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.
(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.
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:
○ Concurrent original
EXCLUSIVE ORIGINAL
● Commission on Audit
(Art. IX, Sec. 7)
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.
Ombudsman
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
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.
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)
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:
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.
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.
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.
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.
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 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
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
Another difference:
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
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,
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.
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
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
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
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, 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
❖ 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.
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
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
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.
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.
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)
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
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.
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
-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.
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
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.
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
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
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
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
incapable of pecuniary estimation.
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.
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
● 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.
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.
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?
*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
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
“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
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
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
This is different from damages because when we What is the basis in determining
jurisdiction?
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
Summary Procedure
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
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.
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
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.
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.
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: 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.
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
*Chika ni mam
Dilatory motions - intended for delay Diba we discussed na under the Rules on
Summary Procedure, ang isubmit lang kay
position paper ug affidavits.
(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.
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.
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).
provided that the total amount claimed,
exclusive of interest and costs, does not
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.
BOLO 58:32-1:05:50
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
provided that the total amount claimed,
exclusive of interest and costs, does not
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.
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:
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.
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
CONCEPT OF DEFAULT
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.
DISCUSSION 3:
- 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.
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.
1:02:03-1:05:53
EXERCISES:
RULING:
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.
Bolo 1:21:18-1:25:08
- Example: Action for reconveyance; an action
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
- 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
18:40-24:52
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?
DISCUSSION:
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
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)
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.
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
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
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.
Naturalization – dili ang rules of court ang mag apply 1:31:30 - END (Althea)
COMMENCEMENT OF ACTION
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
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.
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
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-
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?
HELD:
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
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.
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
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
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)
Splitting a cause of action amounts to:
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.
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)
Principle to Remember
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
RULE NO. 2
QUIOQUI vs BAUTISTA
Read 1st bullet.
STIPULATION
“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
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
Cumulative Joinder
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.
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.
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?
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
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
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.
Consolidation or Severance