Civ Reviewer

7/29/2019 Civ Reviewer

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v and jv - Place where action is institutedMay be waivedProceduralMay be changed by written agreement of the partiesNot a ground for motu proprio dismissal, except in Summary Procedure

j -Power of court to hear and decide a caseJurisdiction over subject matter and over nature of action are conferred by lawand cannot be waivedSubstantiveCannot be subject of the agreement of the parties

Appeal by CertiorariPetition for Certiorariac -Rule 45pc -Rule 65ac -Petition is based on questions of lawpc -Petition is based on questions of jurisdiction, whether the lower court acted without jurisdiction or in excess of jurisdiction or with grave abuse of discretionac -Mode of appealpc -Mode of review / SPECIAL CIVIL ACTIONac -Involves review of the judgment award or final order on the merits

pc -Directed against interlocutory order of the court or where there is no appeal or any plain, speedy, or adequate remedyac -Filed within 15 days from notice of judgment, final order, or resolution appealed frompc -Filed not later than 60 days from notice of judgment, order, or resolution sought to be reviewedac -Stays judgment or final order appealed frompc -Unless a writ of preliminary injunction or temporary restraining order is issued, the petition does not stay the challenged proceedingac -Appellant and appellee are original parties to the action, and the lower court or quasi judicial agency is not impleadedpc -Judge, court, quasi judicial agency, tribunal, corporation, board or officeror person are public respondents who are impleaded in the action

ac -Motion for reconsideration is not requiredpc -Motion for reconsideration or for new trial is required; if a motion for reconsideration or new trial is filed, the period shall not only be interrupted butanother 60 days shall be given to petitioner (SC Admin Matter 02-03)ac -Court is in exercise of its appellate jurisdiction and power of reviewpc -Court exercises original jurisdictionac -Petition shall be filed with the Supreme Courtpc -Petition shall be filed with the RTC, CA, Sandiganbayan, Comelec

JURISDICTIONSUPREME COURTOriginal Jurisdiction of the Supreme Court:A8 S5 P1- (Rule 56)

The SC shall have exclusive original jurisdiction over cases involving:1. Ambassadors2. Other public ministers and consuls3. Over petitions for:a. Certiorarib. Prohibitionc. Mandamusd. Quo warrantoe. Habeas corpusAppellate Jurisdiction of the Supreme Court:


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A8 S5 P2The SC may review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lowercourts in:1. All cases in which the constitutionality or validity of any treaty, internation or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question2. All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto3. All cases in which the jurisdiction of any lower court is in issue4. All criminal cases in which the penalty imposed is reclusion perpetua or higher (WITHIN THE SCOPE OF CRIMINAL PROCEDURE- RULE 45)5. All cases in which only an error or question of law is imposed1 and 2- PURE QUESTIONS OF LAWAdministrative Supervision of the Supreme Court:1. Over court personnel2. Over Justices3. Over Judges4. Practice of Law5. Members of the Integrated BarCA decisions- Appealable to SC under Rule 45R45 S1- a party desiring to appeal by certiorari from a judgment or final orderor resolution of the Court of Appeals may file with the SC a verified petition f

or review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.Note that questions of law can be raised before the CA (BP129)

COURT OF APPEALSOriginal jurisdiction / Original Concurrent JurisdictionOriginal jurisdiction to issue writs of:- Mandamus- Prohibition- Certiorari- Habeas corpus- Quo warranto- Auxiliary writs and processes,

o Whether or not in aid of its appellate jurisdictionExclusive Original Jurisdiction:Exclusive original jurisdiction over the actions for annulment of judgments of RTCsAppellate Jurisdiction:1. Rule 41- over RTC decisions in the exercise of its ORIGINAL JURISDICTION (viaNotice or Record of Appeal)- RTC jurisdiction, first instance, including Special Civil Actions2. Rule 42- over RTC decisions in the exercise of its APPELLATE JURISDICTION (via Petition for Review)3. Rule 43- Exclusive appellate jurisdiction over all final judgments, resolution, orders, or awards of quasi judicial agencies, instrumentalities, boards, or commissions (via Petition for Review)

RTCExclusive Original Jurisdiction:1. In all actions in which the subject of litigation is incapable of pecuniary estimation2. Actions which cannot be quantified into monetary estimationSubject matter (BP129)3. In all civil actions which involve title to or possession of real property orany interest therein, where assessed value of property involved exceeds 20k OMMor in MM, value of property involved exceeds 50k


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Except actions of FE and UD of lands and buildings, original jurisdiction of which is conferred with MTC, MuTC, MCTC4. In all actions in admiralty and maritime actions where demand or claim exceeds 300k OMM or exceeds 400k MM5. In all matters of probate, testate or intestate, where gross value of estateexceeds 300k OMM or exceeds 400k MMGross value- assessed value of property of deceased before deduction (NOT marketvalue)6. In all actions involving the contract of marriage and marital relations7. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi judicial functions(refer to 902-A below)8. In all civil actions and special proceedings falling within Exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law9. In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses, and costs or the value of property in controversy exceeds 300k OMM or exceeds 400k MM1996 Bar- Gross value is 200k, property located in Pampanga. What is the jurisdiction and venue?

MTC of the place of decedents actual residence at the time of his death, if a resident of the Philippines. If a non resident, then the MTC of the place where his

estate is located.(RA8799 S5.2 as amended by PD902-A)- exclusive and original jurisdiction of theRTC to hear and decide following cases:1. Cases involving devices or schemes employed by or any acts of the board of directors, business associates, its offices or partnership, amounting to fraud ormisrepresentation which may be interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Commission2. Controversies arising out of intracorporate or partnership relations, betweenand among stockholders, members or associates, between any and all of them andthe corporation, partnership, or association of which they are stockholders, members or associates respectively, and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or rig

ht to exist as such entity3. Controversies in election or appointment of directors, trustees, officers ormanagers of such corporations, partnerships, or associations4. Petitions of corporations, partnerships or associations to be declared in thestate of suspension of payments, in cases where the corporation, partnership orassociation possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when the respectively fall due or in cases where the corporation, partnership or association has no sufficient assets to coverits liabilities, but is under management of a rehabilitation receiver or management committeeConcurrent Original Jurisdiction:With SC, CA, -- over petitions for certiorari, mandamus, prohibition, quo warranto, habeas corpus

Appellate Jurisdiction:Over all cases decided by MTCs, MuTCs, MCTCs in their respective territorial jurisdictionsMTC(note: baligtarin ang RTC jurisdiction, below 20-50, 300-400)Ordinary Civil Actions:1. exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including grant of provisional remedies in proper cases, where the value of the personal property, estate or amount of the demand does notexceed 300k OMM or 400k MM exclusive of interest, damages, of whatever kind, AF


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, litigation expenses and costs, the amount of which must be specifically alleged. Provided, that interest, damages of whatever kind, AF, litigation expenses, and costs shall be included in the determination of the filing fees. Provided further that where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of demand shallbe the totality of the claims in all the causes of action, irrespective of whether the cause of action arose out of same or different transactions2. exclusive original jurisdiction over cases of forcible entry or unlawful detainer, provided that when, in such cases, defendant raises questions of ownershipin his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession (see: Summary Procedure)3. exclusive original jurisdiction in all civil actions involving title to or possession ofproperty or any interest therein where assessed value of property or interest therein does not exceed 20k OMM or does not exceed 50k MM exclusive of interest, damages of whatever kind, AF, litigation expenses, costs. Provided that in casesof land not declared for taxation purposes, the value of such property shall bedetermined by assessed value of adjacent lots4. civil cases where the demand does not exceed 300k or not more than 400k MM5. over actions involving personal property valued at not more than 300k OMM ornot more than 400k MM6. admiralty and maritime cases where the demand or claim does not exceed 300k OMM or does not exceed 400k MM

Summary Procedure:1. All cases of FE and UD, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where AF are awarded, the same shall not exceed 20k2. All other civil cases, except probate proceedings, where the total amount ofthe plaintiffs claim does not exceed 100k OMM or 200k MM exclusive of interests and costs (as amended by AM 2-11-9-SC)3. Civil cases not higher than 100k- Subject to the Rule on Small ClaimsInitiatory Pleadings

initiatoryOriginal complaintPermissive counterclaimCross claim

Third party complaint4th party complaintComplaint in interventionPetitionIn special civil actionsIn special proceedings

Responsive PleadingsAnswer to original complaintAnswer to permissive counterclaimAnswer to third party complaintAnswer to fourth party complaintAnswer to complaint in intervention

Comment or objection to petitionCompulsory counterclaimReplyAnswer to counter counter claimAnswer to counter cross claim

Amended PleadingRefers to facts existing at the time of the commencement of the actionTakes the place of the original pleading


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Can be made as matter of right when no responsive pleading has yet been filedWhen amended pleading is filed, a new copy of the entire pleading must be filedAmendment as a matter of right is to be answered before the filing of the responsive pleading, (within 15 days after being served with a copy thereof)(R11 S3)Amendment by leave of court is to be answered within 10 days from notice of theorder admitting the same. An answer earlier filed may serve as the answer to theamended complaint if no new answer is filed (R11 S3)Supersedes original pleadingWith or without leave of court

Supplemental PleadingRefers to facts arising after the filing of the original pleadingTaken together with the original pleadingAlways with leave of courtA substantial pleading does not require the filing of a new copy of the entire pleadingA supplemental pleading may be answered within 10 days from notice of the orderadmitting the same, unless a different period is fixed by the court. The answerto the complaint shall serve as answer to the supplemental complaint if no new or supplemental answer is filed (R11 S7)Supplements original pleadingWith leave of court

Counter Counter Claim -Any claim which defending party in a counterclaim may hav

e against the original counterclaimantCounter Cross Claim - Any claim which a defending party in a cross claim may have against the original cross claimant

COMPULSORY CC- Arises out of or is necessarily connected with the transaction oroccurrence that is the subject matter of the opposing partys claimand does not require for its adjudication the presence of third parties of whomthe court cannot acquire jurisdictionPERMISSIVE CC- does not arise of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim and doesnot require for its adjudication the presence of third parties of whom the courtcannot acquire jurisdiction

PC - CC REVERSENeeds verification and certification against forum shoppingDocket fee is required to be paidFailure to file answer results in declaration of defaultmay require for its adjudication the presence of third parties over whom the court cannot acquire jurisdictionNot barred even if not set up in the actionInitiatory pleading

THIRD PARTY COMPLAINTRule 6A claim that a defending party may, with leave of court, file against a person not a party to the action, called a 3rd 4th etc party defendant for contribution,

indemnity, subrogation, or any other relief in respect of his opponents claim

COMPLAINT IN INTERVENTION

Rule 19Pleading filed by an intervenor if he answers a claim against either or all of the original partiesIntervenor is any person who has a legal interest in the matter in ligitation, or in the success of either of the parties, or who has an interest against both parties, or who is so situated as to be adversely affected by the distribution or


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other disposition of property in the custody of the court or of an officer thereof

Order of DefaultOrder issued by the court where defendant failed to file answer

Judgment by DefaultDecision or judgment by the court after order of default and presentation of evidence ex parte by plaintiff

FLOW OF CIVIL PROCEDUREI. BARANGAY CONCILIATION PROCEEDINGSGeneral Rule with respect to Barangay Conciliation Proceedings:S412, LGCNo complaint, petition, action or proceedings involving any matter within authority of the Lupon shall be filed or instituted directly or indirectly in court orin any other government office or adjudication unless there has been a confrontation between the parties before the Lupon Chairman or the pangkat, and that noconciliation or settlement has been reacehed as certified by lupon or pangkat chairman.

EXCS408, LGC1. where one party is the government or any subdivision or instrumentality there

of2. where one party is a public officer or employee, and the dispute relates to performance of his official functionsoffenses punishable by imprisonment exceeding 1 year or a fine exceeding 5k pesos3. offenses where there is no private offended party4. where 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 lupon5. disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and theparties thereto agree to submit their differences to amicable settlement by anappropriate lupon

6. such other classes of disputes which the President may determine in the interest of justice7. where one of the parties is a juridical entity8. where accused is under police custody or detention9. where the person has otherwise been deprived of personal liberty calling forhabeas corpus proceeding10. where the actions are coupled with provisional remedies such as preliminaryinjunction, attachment, delivery of personal property, and support pendent litewhere the action may otherwise be barred by the statute of limitations11. in case of labor disputes12. action to annul a judgment upon a compromise13. CARL disputes14. Disputes involving traditions of an indigenous cultural community

JOINDER OF PARTIESRequisites:1. Right to relief arises out of the same transaction or series of transactions2. Jurisdiction over plaintiffs and defendants can be obtained3. There is question of law or fact common to all plaintiffs or defendants4. Such joinder is not otherwise proscribed by the provisions of the rules on jurisdiction and venue

What are the elements of a cause of action?


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1. Plaintiff exercises a legal right2. Correlative obligation the part of defendant to respect plaintiffs legal right3. Defendant violates plaintiffs legal right in a manner contrary to law, morals,good customs, public order, public policy

Joinder of Causes of Action (R2 S5)A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the followingconditions:A. That the party joining the causes of action shall comply with the rules on joinder of partiesB. The joinder shall not include special civil actions and actions governed by Special RulesC. Where the claims pertain to different venues or jurisdictions, the joinder shall be allowed in the RTC provided that it falls within the jurisdiction of saidcourt and the venue lies thereinD. Where the claims in all causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction

Summons

a writ or a process issued to a defending party by the clerk of court, deliveredby a sheriff, his deputy, or proper court office, or any suitable person authorized by the court issuing the summons, with the purpose of obtaining jurisdictio

n over the person of the defendant and giving him notice that an action has beencommenced against himPurpose is to obtain jurisdiction over person of defendant, and to give notice to defendant that an action has been commenced against him, ordering defendant toanswer the complaint within the time fixed by these Rules, and unless defendantanswers, plaintiff will take judgment by default and may be granted the reliefapplied forServed on the defendantDoes not need tender of kilometrage and other feesOriginal or aliasUpon filing of the complaint and payment of requisite docket fees

Subpoena

A process directed to a person requiring him to attend and to testify at the hearing or trial of an action, or at any investigation conducted by competent authority or for the taking of his deposition. (Subpoena ad testificandum)A process directed to a person requiring him to bring with him any books, documents, or other things under his control (Subpoena duces tecum)Order for a person to appear and to testify at a hearing, action, investigation,or for taking of his deposition OR to produce books, documents, or other thingsunder his controlMay be served to a non-partyNeeds tender of kilometrage, attendance fee, and reasonable cost of production feeAd testificandum or duces tecumDuring trial or investigation

MTD(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;


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(e) That there is another action pending between the same parties for the same cause;

(f) That the cause of action is barred by a prior judgment or by the statuteof limitations;

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has beenpaid, waived, abandoned, or otherwise extinguished;

(i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and

(j) That a condition precedent for filing the claim has not been complied with

Motion for Bill of Particulars in Civ Pro

May be filed before responding to a pleadingAddress any matter in the pleading not averred with sufficient definiteness or particularityPurpose is to prepare responsive pleading

Motion for Bill of Particulars in Crim Pro

May be filed before arraignmentAddress alleged defects in the criminal complaint or informationPurpose is to enable properly to plead and prepare for trial

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