https://philippinebar.wordpress.com/2012 https://philippinebar.wordpre ss.com/2012 /03/16/2012-civil-procedure-reviewergeneral-principles-to-cause-of-actions/ CII! #$%C&'($& $ules 1 ) *1
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Concept of $emedial !aw Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion ubstantive !aw as 'istinguished from $emedial !aw Substantive law creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero, 81 Phil. 640) . Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts. As applied to criminal law, substantive substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from remedial law which provides or regulates the steps by which one who commits a crime is to be punished. $ule-aing #ower of the upreme Court Section 5 (5), Art. !!! of the "onstitution provides that the Supreme "ourt shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the !ntegrated #ar, and legal assistance to the underprivileged. Such rules shall provide provide a simplified and ine$pensive procedure for the speed disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive substantive rights. Rules of procedure of special courts and %uasi&'udicial bodies shall remain effective unless disapproved by the Supreme "ourt. !imitations of the $ule-maing #ower of the upreme Court
() he rules shall provide a simplified and ine$pensive procedure for the speedy disposition of cases (*) hey shall be uniform for all courts of the same grade (+) hey shall not diminish, increase, or modify substantive rights (Sec. 5[5], Art. VIII, o!stitutio!). () he power to admit attorneys to the #ar is not an arbitrary and despotic one, to be e$ercised at the pleasure of the court, or from passion, pre'udice or personal hostility, but is the duty of the court to e$ercise and regulate it by a sound and 'udicial discretion. (A!"res vs. #$rer#, 1%& S'A 80%)
#ower of the upreme Court to amend and suspend procedural rules () -hen compelling reasons so warra warrant nt or when the purpose of 'ustice re%uires it. -hat constitutes and good and sufficient cause that would merit suspension of the rules is discretionary upon courts. (I' v. ir#!t P#$il#o or*., +' 155-, ct. 1%, %006) . Reasons that would warrant the suspension of the Rules (a) the e$istence of special or compelling circumstances (b) merits of the case (c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules (d) a lac/ of ay showing that the review sought is merely frivolous and dilatory (e) the other party will not be un'ustly pre'udiced thereby (S#r/ie!to v. #r#t#!, +' 16&4&1, e$. 5, %00&) (*) o relieve a litigant of an in'usti in'ustice ce commensurate commensurat e with his failure to comply with the prescribed procedure and the mere invocation of substantial 'ustice is not a magical incantation that will automatically compel the "ourt to suspend procedural rules. ("u&0n'ieng v. "A, 12 S"RA 52) (+) -here substantial and important issues await resolution. (3agbilao, supra) () -hen transcenden transcendental tal matters of life, liberty or state security are involved.(i!"#!#o S#vi!s Lo#! Asso. V. Vice!t# V"#. 2e lores, 46 S'A 416). (5) he constitutional power of the Supreme "ourt to promulgate rules of practice and procedure necessarily carries with it the power to overturn 'udicial precedents on points of remedial law through the amendment of the Rules of
"ourt (Pi!# vs. 3eirs o S#!ti#o, +' 1&0-54, u!e -0, %006).
,ature of #hilippine Courts 3hilippine courts are both courts of law and e%uity. 4ence, both legal and e%uitable 'urisdiction is dispensed with in the same tribunal. (S v. 7#/*#ro!, -1 Phil. -%1)
(a) 7irst Level (8"s, 8e"s, 8""s) 9 which try and decide () criminal actions involving violations of city or municipal ordinances committed within their respective territorial 'urisdiction and offenses punishable with imprisonment not e$ceeding si$ (:) years irrespective of the amount of fine and regardless of other imposable accessory or other penalties, and (*) civil actions including e'ectment, recovery of personal property with a value of not more than 3+;;,;;; outside 88 or does not e$ceed 3;;,;;; in 88
hat is a Court () !t is an organ of government belonging to the 'udicial department the function of which is the application of the laws to the controversies brought before it as well as the public administration of 'ustice. (*) !t is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of 'ustice through which the State enforces its sovereign rights and powers (%1 S 16). (+) !t is a board or tribunal which decides a litigation or contest (3i"#lo v. #!l#*us, 64 + -18).
(b) Second Level (R"s, 7amily "ourts) 9 courts of general 'urisdiction among the civil actions assigned to them by law are those in which the sub'ect of litigation is incapable of pecuniary estimation, or involving title to or possession of real property where the assessed value of the property e$ceeds 3*;,;;; outside 88 or e$ceeds 35;,;;; in 88, e$cept actions for e'ectment (forcible entry and unlawful detainer), or where the demand e$clusive of interest, damages of whatever /ind, attorney
Court distinguished from udge () A court is a tribunal officially assembled under authority of law a 'udge is simply an officer of such tribunal (*) A court is an organ of the government with a personality separate and distinct from the person or 'udge who sits on it (+) A court is a being in imagination comparable to a corporation, whereas a 'udge is a physical person () A court may be considered an office a 'udge is a public officer and (5) he circumstances of the court are not affected by the circumstances that would affect the 'udge.
Classification of #hilippine Courts () Regular courts engaged in the administration of 'ustice are organi6ed into four () levels
(c) hird Level ("ourt of Appeals, Sandiganbayan) 9 "A is an appellate court, reviewing cases appealed to it from the R", on %uestions of fact or mi$ed %uestions of fact and law. Appeals to it decided by the R" in the e$ercise of original 'urisdiction are a matter of right appeals with respect to cases decided by the R" in the e$ercise of its appellate 'urisdiction are a matter of discretion. =ccasionally, "A may act as a trial court, as in actions praying for the annulment of final and e$ecutor 'udgments of R"s on the ground of e$trinsic fraud subse%uently discovered, against which no other remedies lies. Sandiganbayan has 'urisdiction over all criminal and civil cases involving graft and corrupt practices act, and such other offenses committed by public officers and employees including those in >=""s in relation to their office. !t also has e$clusive appellate 'urisdiction over final 'udgments, resolutions, or orders of R"s whether in the e$ercise of their own original or appellate 'urisdiction over criminal and civil cases committed by public officers or employees including those in >=""s in relation to their office.
(d)
7ourth Level (Supreme "ourt)
'udicial or %uasi&'udicial functions. !t is in the conte$t that the R" is considered a court of general 'urisdiction.
Courts of %riginal and ppellate urisdiction () A court is one with original 'urisdiction when actions or proceedings are originally filed with it. A court is one with appellate 'urisdiction when it has the power of review over the decisions or orders of a lower court (*) 8e"s, 8""s and 8"s are courts of original 'urisdiction without appellate 'urisdiction. R" is li/ewise a court of original 'urisdiction with respect to cases originally filed with it and appellate court with respect to cases decided by 8"s within its territorial 'urisdiction. (Sec. **, #3 *2) (+) "A is primarily a court of appellate 'urisdiction with competence to review 'udgments of the R"s and specified %uasi&'udicial agencies (Sec. 2?+@, #3 *2). !t is also a court of original 'urisdiction with respect to cases filed before it involving issuance of writs of certiorari, mandamus, %uo warranto, habeas corpus, and prohibition. "A is a court of original and e$clusive 'urisdiction over actions for annulment of 'udgments of R"s (Sec. 2 ?@,?*@, #3 *2). () he S" is fundamentally a court of appellate 'urisdiction but it may also be a court of original 'urisdiction over cases affecting ambassadors, public ministers and consuls, and in cases involving petitions for certiorari, prohibition and mandamus (Sec. 5?@, Art. !!!, "onstitution). he Supreme "ourt e! $#!c is not an appellate court to which decisions or resolutions of a division of the Supreme "ourt may be appealed.
Courts of +eneral and pecial urisdiction () "ourts of general 'urisdiction are those with competence to decide on their own 'urisdiction and to ta/e cogni6ance of all cases, civil and criminal, of a particular nature. "ourts of special (limited) 'urisdiction are those which have only a special 'urisdiction for a particular purpose or are clothed with special powers for the performance of specified duties beyond which they have no authority of any /ind. (*) A court may also be considered general< if it has the competence to e$ercise 'urisdiction over cases not falling within the 'urisdiction of any court, tribunal, person or body e$ercising
Constitutional and tatutor Courts () A constitutional court is one created by a direct "onstitutional provision. B$ample of this court is the S", which owes its creation from the "onstitution itself. =nly the S" is a "onstitutional court. (*) A statutory court is one created by law other than the "onstitution. All courts e$cept the S" are statutory courts. S# was not directly created by the "onstitution but by law pursuant to a constitutional mandate.
#rinciple of udicial 4ierarch () his is an ordained se%uence of recourse to courts vested with concurrent 'urisdiction, beginning from the lowest, on to the ne$t highest, and ultimately to the highest. his hierarchy is determinative of the venue of appeals, and is li/ewise determinative of the proper forum for petitions for e$traordinary writs. his is an established policy necessary to avoid inordinate demands upon the "ourt
in cases of national interest and of serious implications. 0nder the principle of liberal interpretations, for e$ample, it may ta/e cogni6ance of a petition for certiorari directly filed before it.
() Ac%uired when the action is commenced by the filing of the complaint. his presupposes payment of the doc/et fees
4ow urisdiction over defendant is ac7uired 'octrine of ,on-interference or 'octrine of udicial tabilit () "ourts of e%ual and coordinate 'urisdiction cannot interfere with each other
II.
($I'IC5I%,
Curisdiction 9 the power and authority of the court to hear, try and decide a case. urisdiction over the #arties () he manner by which the court ac%uires 'urisdiction over the parties depends on whether the party is the plaintiff or the defendant (*) Curisdiction over the plaintiff is ac%uired by his filing of the complaint or petition. #y doing so, he submits himself to the 'urisdiction of the court. (+) Curisdiction over the person of the defendant is obtained either by a valid service of summons upon him or by his voluntary submission to the court
4ow urisdiction over plaintiff is ac7uired
Curisdiction over the person of the defendant is re%uired only in an action in personam it is not a prere%uisite in an action in rem and %uasi in rem. !n an action in personam, 'urisdiction over the person is necessary for the court to validly try and decide the case, while in a proceeding in rem or %uasi in rem, 'urisdiction over the person of the defendant is not a prere%uisite to confer 'urisdiction on the court, provided the latter has 'urisdiction over the res. () #y voluntary appearance of the defendant, without service of summons or despite a defective service of summons. he defendant
urisdiction over the subect matter () !t is the power to deal with the general sub'ect involved in the action, and means not simply 'urisdiction of the particular case then occupying the attention of the court but 'urisdiction of the class of cases to which the particular case belongs. !t is the power or authority to hear and determine cases to which the proceeding is %uestion belongs.
(*) -hen a complaint is filed in court, the basic %uestions that ipso facto are to be immediately resolved by the court on its own (a) -hat is the sub'ect matter of their complaint filed before the courtD (b) Eoes the court have 'urisdiction over the said sub'ect matter of the complaint before itD Answering these %uestions inevitably re%uires loo/ing into the applicable laws conferring 'urisdiction.
urisdiction versus e8ercise of urisdiction () Curisdiction if the power or authority of the court. he e$ercise of this power or authority is the e$ercise of 'urisdiction.
&rror of urisdiction vs. error of udgment () An error of 'urisdiction is one where the act complained of was issued by the court without or in e$cess of 'urisdiction. !t occurs when the court e$ercises a 'urisdiction not conferred upon it by law, or when the court or tribunal although with 'urisdiction, acts in e$cess of its 'urisdiction or with grave abuse of discretion amounting to lac/ or 'urisdiction. (*) An error of 'udgment is one which the court may commit in the e$ercise of its 'urisdiction. As long as the court acts within its 'urisdiction, any alleged errors committed in the e$ercise of its discretion will amount to nothing more than mere errors of 'udgment. Brrors of 'udgment include errors of procedure or mista/es in the court
4ow urisdiction is conferred and determined () Curisdiction is a matter of substantive law because it is conferred by law. his 'urisdiction which is a matter of substantive law should be construed to refer only to 'urisdiction over the sub'ect matter. Curisdiction over the parties, the issues and the res are matters of procedure. he test of 'urisdiction is whether the court has the power to enter into the in%uiry and not whether the decision is right or wrong. (*) !t is the duty of the court to consider the %uestion of 'urisdiction before it loo/s at other matters involved in the case. !f the court finds that it has 'urisdiction, it is the duty of the court to e$ercise the 'urisdiction conferred upon it by law and to render a decision in a case properly submitted to it. !t cannot decline to e$ercise its 'urisdiction. 7ailure to do so may be enforced by way of mandamus proceeding.
'octrine of primar urisdiction () "ourts will not resolve a controversy involving a %uestion which is within the 'urisdiction of an administrative tribunal, especially where the %uestion demands the e$ercise of sound administrative discretion re%uiring the special /nowledge, e$perience and services of the administrative tribunal to determine technical and intricate matters of fact. (*) he ob'ective is to guide a court in determining whether it should refrain from e$ercising its 'urisdiction until after an administrative agency has determined some %uestion or some aspect of some %uestion arising in the proceeding before the court (/icti! vs. A, +' 148004, #!u#r9 %%, %00&).
'octrine of adherence of urisdiction / continuit of urisdiction () !n view of the principle that once a court has ac%uired 'urisdiction, that 'urisdiction continues until the court has done all that it can do in the e$ercise of that 'urisdiction. his principle also means that once 'urisdiction has attached, it cannot be ousted by subse%uent happenings or events, although of a character which would have prevented 'urisdiction from attaching in the first instance. he court, once 'urisdiction has been ac%uired, retains that 'urisdiction until it finally disposes of the case.
(*) Bven the finality of the 'udgment does not totally deprive the court of 'urisdiction over the case. -hat the court loses is the power to amend, modify or alter the 'udgment. Bven after the 'udgment has become final, the court retains 'urisdiction to enforce and e$ecute it (Bchegaray vs. Secretary of Custice, +; S"RA 2:).
%bection to urisdiction over the subect matter () -hen it appears from the pleadings or evidence on record that the court has no 'urisdiction over the sub'ect matter, the court shall dismiss the same. (Sec. , Rule 2). he court may on its own initiative ob'ect to an erroneous 'urisdiction and may e: /ero /otu ta/e cogni6ance of lac/ of 'urisdiction at any point in the case and has a clearly recogni6ed right to determine its own 'urisdiction. (*) Curisdiction over the sub'ect matter may be raised at any stage of the proceedings, even for the first time on appeal. -hen the court dismisses the complaint for lac/ of 'urisdiction over the sub'ect matter, it is common reason that the court cannot remand the case to another court with the proper 'urisdiction. !ts only power is to dismiss and not to ma/e any other order. (+) 0nder the omnibus motion rule, a motion attac/ing a pleading li/e a motion to dismiss shall include all grounds then available and all ob'ections not so included shall be deemed waived. he defense of lac/ of 'urisdiction over the sub'ect matter is however, a defense not barred by the failure to invo/e the same in a motion to dismiss already filed. Bven if a motion to dismiss was filed and the issue of 'urisdiction was not raised therein, a party may, when he files an answer, raise the lac/ of 'urisdiction as an affirmative defense because this defense is not barred under te omnibus motion rule.
&ffect of estoppel on obection to urisdiction () he active participation of a party in a case is tantamount to recognition of that court
remains a court#/ vs. Si$o!h#!o9, %- S'A % , where the S" barred a belated ob'ection to 'urisdiction that was raised only after an adverse decision was rendered by the court against the party raising the issue of 'urisdiction and after see/ing affirmative relief from the court and after participating in all stages of the proceedings. his doctrine is based upon grounds of public policy and is principally a %uestion of the ine%uity or unfairness of permitting a right or claim to be enforced or asserted. (+) he S" frowns upon the undesirable practice of submitting one
urisdiction over the issues () !t is the power of the court to try and decide issues raised in the pleadings of the parties. (*) An issue is a disputed point or %uestion to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision. -here there is no disputed point, there is no issue. (+) >enerally, 'urisdiction over the issues is conferred and determined by the pleadings of the parties. he pleadings present the issues to be tried and determine whether or not the issues are of fact or law. () Curisdiction over the issues may also be determined and conferred by stipulation of the parties as when in the pre&trial, the parties enter into stipulations of facts and documents or enter into agreement simplifying the issues of the case. (5) !t may also be conferred by waiver or failure to ob'ect to the presentation of evidence on a matter not raised in the pleadings. 4ere the parties try with their e$press or implied consent issues not raised by the pleadings. he issues tried shall be treated in all respects as if they had been raised in the pleadings.
urisdiction over the res or propert in litigation () Curisdiction over the res refers to the court
instruction, ordinance or regulation, legality of a ta$, impost, assessment, toll or penalty, 'urisdiction of a lower court and "A in its decisions rendered e! $#!c . () B$ceptions in which factual issues may be resolved by the Supreme "ourt (a) -hen the findings are grounded entirely on speculation, surmises or con'ectures (b) -hen the inference made is manifestly mista/en, absurd or impossible (c)
-hen there is grave abuse of discretion
(d) -hen the 'udgment is based on misapprehension of facts (e)
-hen the findings of facts are conflicting
(f) -hen in ma/ing its findings the "A went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee
urisdiction of the upreme Court () B$clusive original 'urisdiction in petitions for certiorari, prohibition and mandamus against the "A, "=8BLB", "=A, "A, Sandiganbayan, FLR" (*)
"oncurrent original 'urisdiction
(a) -ith "ourt of Appeals in petitions for certiorari, prohibition and mandamus against the R", "S", "entral #oard of Assessment Appeals, Guasi&'udicial agencies, and writ of /ali/asan, all sub'ect to the doctrine of hierarchy of courts. (b) -ith the "A and R" in petitions for certiorari, prohibition and mandamus against lower courts and bodies and in petitions for %uo warranto, and writs of habeas corpus, all sub'ect to the doctrine of hierarchy of courts.
(g) -hen the findings are contrary to the trial court (h) -hen the findings are conclusions without citation of specific evidence on which they are based (i) -hen the facts set forth in the petition as well as in the petitioner
(c) -ith "A, R" and Sandiganbayan for petitions for writs of amparo and habeas data (d) "oncurrent original 'urisdiction with the R" in cases affecting ambassadors, public ministers and consuls. (+) Appellate 'urisdiction by way of petition for review on certiorari (appeal by certiorari under Rule 5) against "A, Sandiganbayan, R" on pure %uestions of law and in cases involving the constitutionality or validity of a law or treaty, international or e$ecutive agreement, law, presidential decree, proclamation, order,
urisdiction of the Court of ppeals () B$clusive original 'urisdiction in actions for the annulment of the 'udgments of the R". (*)
"oncurrent original 'urisdiction
(a) -ith S" to issue writs of certiorari, prohibition and mandamus against the R", "S", "#AA, other %uasi&'udicial agencies mentioned in Rule +, and the FLR", and writ of /ali/asan.
(b) -ith the S" and R" to issue writs of certiorari, prohibition and mandamus against lower courts and bodies and writs of %uo warranto, habeas corpus, whether or not in aid of its appellate 'urisdiction, and writ of continuing mandamus on environmental cases. (c) -ith S", R" and Sandiganbayan for petitions for writs of amparo and habeas data (+)
B$clusive appellate 'urisdiction
(a) by way of ordinary appeal from the R" and the 7amily "ourts. (b) by way of petition for review from the R" rendered by the R" in the e$ercise of its appellate 'urisdiction. (c) by way of petition for review from the decisions, resolutions, orders or awards of the "S", "#AA and other bodies mentioned in Rule + and of the =ffice of the =mbudsman in administrative disciplinary cases. (d) over decisions of 8"s in cadastral or land registration cases pursuant to its delegated 'urisdiction this is because decisions of 8"s in these cases are appealable in the same manner as decisions of R"s.
urisdiction of the Court of 5a8 ppeals 9under $ 2;2 and $ule <= 0<-11-0*C5> () B$clusive original or appellate 'urisdiction to review by appeal (a) Eecisions of "!R in cases involving disputed assessments, refunds of internal revenue ta$es, fees or other charges, penalties in relation thereto, or other matters arising under the F!R" or other laws administered by #!R (b) !naction by "!R in cases involving disputed assessments, refunds of !R ta$es, fees or other charges, penalties in relation thereto, or other matters arising under the F!R" or other laws administered by #!R, where the F!R" or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial (c) Eecisions, orders or resolutions of the R"s in local ta$es originally decided or resolved by them in the e$ercise of their original or appellate 'urisdiction
(d) Eecisions of the "ommissioner of "ustoms () in cases involving liability for customs duties, fees or other charges, sei6ure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or (*) other matters arising under the "ustoms law or other laws, part of laws or special laws administered by #=" (e) Eecisions of the "entral #oard of Assessment Appeals in the e$ercise of its appellate 'urisdiction over cases involving the assessment and ta$ation of real property originally decided by the provincial or city board of assessment appeals (f) Eecision of the secretary of 7inance on customs cases elevated to him automatically for review from decisions of the "ommissioner of "ustoms which are adverse to the government under Sec. *+5 of the ariff and "ustoms "ode (g) Eecisions of Secretary of rade and !ndustry in the case of non&agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. +; and +;*, respectively, of the ariff and "ustoms "ode, and safeguard measures under RA HH;;, where either party may appeal the decision to impose or not to impose said duties. (*)
B$clusive original 'urisdiction
(a) =ver all criminal cases arising from violation of the F!R" of the "" and other laws, part of laws, or special laws administered by the #!R or the #=" where the principal amount of ta$es and fees, e$clusive of charges and penalties claimed is less that 38 or where there is no specified amount claimed (the offenses or penalties shall be tried by the regular courts and the 'urisdiction of the "A shall be appellate) (b) !n ta$ collection cases involving final and e$ecutory assessments for ta$es, fees, charges and penalties where the principal amount of ta$es and fees, e$clusive of charges and penalties claimed is less than 38 tried by the proper 8", 8e" and R". (+)
B$clusive appellate 'urisdiction
(a) !n criminal offenses () over appeals from the 'udgment, resolutions or orders of the R" in ta$ cases originally decided by them, in their respective territorial 'urisdiction, and (*) over petitions for review of the 'udgments, resolutions
or orders of the R" in the e$ercise of their appellate 'urisdiction over ta$ cases originally decided by the 8e"s, 8"s, and 8""s in their respective 'urisdiction (b) !n ta$ collection cases () over appeals from the 'udgments, resolutions or orders of the R" in ta$ collection cases originally decided by them in their respective territorial 'urisdiction and (*) over petitions for review of the 'udgments, resolutions or orders of the R" in the e$ercise of their appellate 'urisdiction over ta$ collection cases originally decided by the 8e"s, 8"s and 8""s in their respective 'urisdiction.
urisdiction of the andiganbaan ()
=riginal 'urisdiction in all cases involving
(a) iolations of RA +;2 (Anti&>raft and "orrupt 3ractices Act) (b) iolations of RA +12 (Anti&!ll&>otten -ealth Act) (c) #ribery ("hapter !!, Sec. *, itle !!, #oo/ !!, R3") where one or more of the principal accused are occupying the following positions in the government, whether in permanent, acting or interim capacity at the time of the commission of the offense .
*.
+.
=fficials of the e$ecutive branch occupying the positions of regional director and higher, otherwise classified as >rade *1 and higher, of the "ompensation and 3osition "lassification Act of 2H2 (RA :15H) 8embers of "ongress and officials thereof classified as >&*1 and up under RA :15H 8embers of the Cudiciary without pre'udice to the provisions of the "onstitution
.
"hairmen and 8embers of the "onstitutional "ommissions without pre'udice to the provisions of the "onstitution
5.
All other national and local officials classified as >rade *1 and higher under RA :15H
(d) =ther offenses or felonies committed by the public officials and employees mentioned in Sec. (a) of RA 1215 as amended by RA H*2 in relation to their office
(e) "ivil and criminal cases filed pursuant to and in connection with B= Fos. , *, &A (Sec. , RA H*2) (*) "oncurrent original 'urisdiction with S", "A and R" for petitions for writs of habeas data and amparo
urisdiction of the $egional 5rial Courts ()
B$clusive original 'urisdiction
(a) matters incapable of pecuniary estimation, such as rescission of contract (b) title to, possession of, or interest in, real property with assessed value e$ceeding 3*;,;;; (outside 8etro 8anila), or e$ceeds 35;,;;; in 8etro 8anila (c) probate proceedings where the gross value of the estate e$ceeds 3+;;,;;; outside 88 or e$ceeds 3;;,;;; in 88 (d) admiralty or maritime cases where the demand or claim e$ceeds 3+;;,;;; outside 88 or e$ceeds 3;;,;;; in 88 (e) other actions involving property valued at more than 3+;;,;;; outside 88 or more than 3;;,;;; in 88 (f) criminal cases not within the e$clusive 'urisdiction of the Sandiganbayan (*) =riginal e$clusive 'urisdiction over cases not falling within the 'urisdiction of any court, tribunal, person or body e$ercising 'udicial or %uasi&'udicial functions (+) =riginal and e$clusive 'urisdiction to hear and decide intra&corporate controversies (a) "ases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public andIor of the stoc/holders, partners, members of associations or organi6ations registered with the SB" (b) "ontroversies arising out of intra&corporate or partnership relations, between and among stoc/holders, members or associates between any or all of them and the corporation, partnership or association of which they are
stoc/holders, members or associates, respectively and between such corporation , partnership or association and the state insofar as it concerns their individual franchise or right to e$ist as such entity (c) "ontroversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations (d) 3etitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or 8anagement "ommittee. ()
(+) "omplaints for annulment of marriage, declaration of nullity of marriage and those relating to status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of con'ugal partnership of gains () 3etitions for support andIor ac/nowledgment (5) Summary 'udicial proceedings brought under the provisions of B= *;2 (7amily "ode) (:) 3etitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cogni6able under 3E :;+, B= 5: (2H:) and other related laws (1) 3etitions for the constitution of the family home
"oncurrent and original 'urisdiction
(a) with the Supreme "ourt in actions affecting ambassadors, other public ministers and consuls (b) with the S" and "A in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for %uo warranto, habeas corpus, and writ of continuing mandamus on environmental cases (c) with the S", "A and Sandigabayan in petitions for writs of habeas data and amparo (5) Appellate 'urisdiction over cases decided by lower courts in their respective territorial 'urisdictions (:) Special 'urisdiction over CER", agrarian and urban land reform cases not within the e$clusive 'urisdiction of %uasi&'udicial agencies when so designated by the S".
urisdiction of ?amil Courts 0nder RA H+:2, shall have e$clusive original 'urisdiction over the following cases () 3etitions for guardianship, custody of children and habeas corpus involving children (*) 3etitions for adoption of children and the revocation thereof
(H) !n areas where there are no 7amily "ourts, the above&enumerated cases shall be ad'udicated by the R" (RA H+:2)
urisdiction of etropolitan 5rail Courts/unicipal 5rial Courts ()
"riminal cases
(a)
B$clusive original 'urisdiction
.
*.
Summary proceedings for violations of city or municipal ordinances committed within their respective territorial 'urisdiction, including traffic laws offenses punishable with imprisonment not e$ceeding si$ (:) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of the /ind, nature, value or amount thereof provided however, that in offenses involving damage to property through criminal negligence, they shall have e$clusive original 'urisdiction thereof (Sec. *, RA 1:2).
(*)
"ivil actions
(a)
B$clusive original 'urisdiction
.
civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount the demand does not e$ceed 3*;;,;;; outside 88 or does not e$ceed 3;;,;;; in 88, e$clusive of interest, damages of whatever /ind, attorney
*.
Summary proceedings of forcible entry and unlawful detainer, violation of rental law
+.
title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not e$ceed 3*;,;;; outside 88 or does not e$ceed 35;,;;; in 88
(+) Special 'urisdiction over petition for writ of habeas corpus and application for bail if the R" Cudge in area is not available () Eelegated 'urisdiction to hear and decide cadastral and land registration cases where there is no controversy provided the value of the lad to be ascertained by the claimant does not e$ceed 3;;,;;;
urisdiction over small claims () 8"s, 8e"s and 8""s shall have 'urisdiction over actions for payment of money where the value of the claim does not e$ceed 3;;,;;; e$clusive of interest and costs (Sec. %, A 08=8=&=S, ct. %&, %00). (*) Actions covered are (a) purely civil in nature where the claim or relief prayed for by the plaintiff is soley for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule (Sec. , A8 ;H&H&1&S"). hese claims may be (a) 7or money owed under the contracts of lease, loan, services, sale, or mortgage (b) 7or damages arising from fault or negligence, %uasi&contract, or contract and (c) he enforcement of a barangay amicable settlement or an arbitration award involving a money claim pursuant to Sec. 1 of RA 1:; (L>").
Cases covered b $ules on ummar #rocedure 9ec. 1= $#> ()
"ivil "ases
(a) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. -here attorney
"riminal "ases
(a) iolations of traffic law, rules and regulations (b)
iolation of the rental law
(c) All other criminal cases where the penalty prescribed is imprisonment not e$ceeding si$ (:) months, or fine not e$ceedint 3,;;;, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom, provided, that in offenses involving damage to property through criminal negligence, RS3 shall govern where the imposable fine does not e$ceed 3;,;;;. (+) SR3 does not apply to a civil case where the plaintiff
Cases covered b the $ules on @aranga Conciliation () he Lupon of each barangay shall have the authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes e$cept (a) -here one party is the government or any subdivision or instrumentality thereof (b) -here one party is a public officer or employee, and the dispute relates to the performance of his official functions
(c) =ffenses punishable by imprisonment e$ceeding one () year or a fine e$ceeding 35,;;; (d) =ffenses where there is no private offended party (e) -here the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon (f) Eisputes involving parties who actually reside in barangays of different cities or municipalities, e$cept where such barangay units ad'oin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon (g) Such other classes of disputes which the 3resident may determine in the interest of 'ustice or upon the recommendation of the Secretary of Custice (h) Any complaint by or against corporations, partnerships, or 'uridical entities. he reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents (i) Eisputes where urgent legal action is necessary to prevent in'ustice from being committed or further continued, specifically .
A criminal case where the accused is under police custody or detention
*.
A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf
+.
Actions coupled with provisional remedies, such as preliminary in'unction, attachment, replevin and support pendente lite
.
-here the action may be barred by statute of limitations
(') Labor disputes or controversies arising from employer&employee relationship (/)
5otalit $ule () -here there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose out of the same or different transactions (Sec. ++?@, #3 *2).
III.
C5I%,
Action (synonymous with JsuitK) is the legal and formal demand of one
%rdinar Civil ctions= pecial Civil ctions= Criminal ctions () =rdinary civil action is one by which one party sues another, based on a cause of action, to enforce or protect a right, or to prevent or redress a wrong, whereby the defendant has performed an act or omitted to do an act in violation of the rights of the plaintiff. (Sec. -#) he purpose is primarily compensatory. (*) Special civil action is also one by which one party sues another to enforce or protect a right, or to prevent or redress a wrong. (+) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law (Sec. +?b@, Rule ). he purpose is primarily punishment.
Civil ctions versus pecial #roceedings () he purpose of an action is either to protect a right or prevent or redress a wrong. he purpose of special proceeding is to establish a status, a right or a particular fact.
-here the dispute arises from the "ARL
(l) Actions to annul 'udgment upon a compromise which can be directly filed in court.
#ersonal ctions and $eal ctions () An action is real when it affects title to or possession of real property, or an interest therein. All other actions are personal actions.
(*) An action is real when it is founded upon the privity of real estate, which means that the realty or an interest therein is the sub'ect matter of the action. he issues involved in real actions are title to, ownership, possession, partition, foreclosure of mortgage or condemnation of real property. (+) Fot every action involving real property is a real action because the realty may only be incidental to the sub'ect matter of the suit. B$ample is an action for damages to real property, while involving realty is a personal action because although it involves real property, it does not involve any of the issues mentioned. () Real actions are based on the privity of real estates while personal actions are based on privity of contracts or for the recovery of sums of money. (5) he distinction between real action and personal action is important for the purpose of determining the venue of the action. A real action is JlocalK, which means that its venue depends upon the location of the property involved in the litigation. A personal action is JtransitoryK, which means that its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff.
!ocal and 5ransitor ctions () A local action is one founded on privity of estates only and there is no privity of contracts. A real action is a local action, its venue depends upon the location of the property involved in litigation. JActions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has 'urisdiction over the area wherein the real property involved, or a portion thereof is situatedK (Sec. 1, 'ule 4) . (*) ransitory action is one founded on privity of contracts between the parties. A personal action is transitory, its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. A personal action Jmay be commenced and tried where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendants resides, or in the case of non&resident defendant, where he may be found, at the election of the plaintiffK (Sec. %, 'ule 4). ctions in rem= in personam and quasi in rem () An action i! re/, one instituted and enforced against the whole world.
(*) An action i! *erso!#/ is one filed against a definite defendant. !t is intended to sub'ect the interest of defendant on a property to an obligation or lien. Curisdiction over the person (defendant) is re%uired. !t is a proceeding to enforce personal rights and obligations brought against the person, and is based on the 'urisdiction of the person, although it may involve his right to, or the e$ercise of ownership of, specific property, or see/ to compel him to control or dispose of it in accordance with the mandate of the court. he purpose is to impose through the 'udgment of a court, some responsibility or liability directly upon the person of the defendant. Fo other than the defendant is liable, not the whole world, as in an action for a sum of money or an action for damages. (+) An action %uasi i! re/, also brought against the whole world, is one brought against persons see/ing to sub'ect the property of such persons to the discharge of the claims assailed. An individual is named as defendant and the purpose of the proceeding is to sub'ect his interests therein to the obligation or loan burdening the property. !t deals with status, ownership or liability or a particular property but which are intended to operate on these %uestions only as between the particular parties to the proceedings and not to ascertain or cut off the rights or interests of all possible claimants. B$amples of actions u#si i! re/ are action for partition, action for accounting, attachment, foreclosure of mortgage. () An action i! *erso!#/ is not necessarily a personal action. For is a real action necessarily an action i! re/. An i! *erso!#/ or an i! re/ action is a classification of actions according to foundation. 7or instance, an action to recover, title to or possession of real property is a real action, but it is an action i! *erso!#/, not brought against the whole world but against the person upon whom the claim is made. (5) he distinction is important to determine whether or not 'urisdiction over the person of the defendant is re%uired and conse%uently to determine the type of summons to be employed. Curisdiction 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 i! *erso!#/ but not where the action is i! re/ or u#si i! re/. (:) S" sums up the basic rules in Bi#co vs. Phili**i!e ou!tr9si"e 'ur#l B#!C, +' 16141&, e$ru#r9 8, %00& he %uestion of whether the trial court has 'urisdiction depends on the nature of the action 9 whether the action is i! *erso!#/, i! re/, or u#si i! re/ . he rules on service of summons
under Rule li/ewise apply according to the nature of the action. An action i! *erso!#/ is an action against a person on the basis of his personal liability. And action i! re/ is an action against the thing itself instead of against the person. An action u#si i! re/ is one wherein an individual is named as defendant and the purpose of the proceeding is to sub'ect his interest therein to the obligation or lien burdening the property. !n an action i! *erso!#/, 'urisdiction over the person of the defendant is necessary for the court to validly try and decide the case. !n a proceeding i! re/ or u#si i! re/, 'urisdiction over the person of the defendant is not a prere%uisite to confer 'urisdiction over the res. Curisdiction over the res is ac%uired either () by the sei6ure of the property under legal process, whereby it is brought into actual custody of the law or (*) as a result of the institution of legal proceedings, in which the power of the court is recogni6ed and made effective. Fonetheless, summons must be served upon the defendant not for the purpose of vesting the court with 'urisdiction but merely for satisfying the due process re%uirements. I. C(& %? C5I%, 9$ule 2> eaning of Cause of ction () A cause of action is the act or omission by which a party (defendant) violates the rights of another (plaintiff). (*) !t is the delict or wrong by which the defendant violates the right or rights of the plaintiff (#=#o Su#r e!tr#l v. B#rrios, &6 Phil. 666). (+)
he elements are
(a) A right in favor of the plaintiff by whatever means and under whatever law it arises or is created (b) An obligation on the part of the named defendant to respect or not to violate such right and (c) Act or omission on the part of such defendant in violation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages or other appropriate relief.
$ight of ction versus Cause of ction () A cause of action refers to the delict or wrong committed by the defendants, whereas right of action refers to the right of the plaintiff to institute the action (*) A cause of action is determined by the pleadings whereas a right of action is determined by the substantive law (+) A right of action may be ta/en away by the running of the statute of limitations, by estoppels or other circumstances which do not at all affect the cause of action (#rueD v. V#rel#, % Phil. -&-).
?ailure to tate Cause of ction () he mere e$istence of a cause of action is not sufficient for a complaint to prosper. Bven if in reality the plaintiff has a cause of action against the defendant, the complaint may be dismissed if the complaint or the pleading asserting the claim Jstates no cause of actionK. his means that the cause of action must unmista/ably be stated or alleged in the complaint or that all the elements of the cause of action re%uired by substantive law must clearly appear from the mere reading of the complaint. o avoid an early dismissal of the complaint, the simple dictum to be followed is J!f you have a cause of action, then by all means, state itK -here there is a defect or an insufficiency in the statement of the cause of action, a complaint may be dismissed not because of an absence or a lac/ of cause of action by because the complaint states no cause of action. he dismissal will therefore, be anchored on a Jfailure to state a cause of actionK. (*) !t doesn
() he test is whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint (is#/is cci"e!t#l II oo*er#tive, I!c. vs. 2#vi", 468 S'A 6- S#!tos v. "e Leo!, 4&0 S'A 455) . (*) o be ta/en into account are only the material allegations in the complaint e$traneous facts and circumstances or other matter aliunde are not considered but the court may consider in addition to the complaint the appended anne$es or documents, other pleadings of the plaintiff, or admissions in the records (e*e"# v. hi!# B#!Ci! or*., +' 1&%1&5, ct. , %006) .
(+) !n determining whether or not a cause of action is sufficiently stated in the complaint, the statements in the complaint may be properly considered. !t is error for the court to ta/e cogni6ance of e$ternal facts or to hold preliminary hearings to determine its e$istence (2i#D v. 2i#D, --1 S'A -0%) . he sufficiency of the statement of the "=A must appear on the face of the complaint and its e$istence may be determined only by the allegations of the complaint, consideration of other facts being proscribed and any attempt to prove e$traneous circumstances not being allowed(Vie/#ster o!structio! or*. v. 'o:#s, --5 S'A 540).
