Civil Law - Gen. Principles, Jurisdiction and Rules 1 - 39

Question 1

What is a cause of action?

Answer 1

Cause of action is the act or omission by which a party violates the right of another. [s2 r2]

Question 2

When did the 2019 Rules of Court amendment took effect?

Answer 2

May 2020

Question 3

What is the effect of failure to file a Reply?

Answer 3

Failure to file a reply means the matters in the answer are deemed controverted.

Question 4

When can you file a Reply?

Answer 4

A reply can be filed when an actionable document is included in the answer.

Question 5

What is a remedial law?

Answer 5

Remedial law regulates the rights of the parties with respect to an actual litigation. It is procedural law.

Question 6

What is the source of the rights of remedial law?

Answer 6

The Rules of Court provides the rights. It provides procedural law.

Question 7

What are covered by remedial law?

Answer 7

Civil Procedure
Criminal Procedure
Special Procedure
Evidence

Question 8

What are the aspects of jurisdiction?

Answer 8

1. Jurisdiction over the subject matter;
2. Jurisdiction over the parties (person);
3. Jurisdiction over the issues of the case; and
4. Jurisdiction over the res of the thing which is the subject of the litigation.

[Hasegawa v. Kitamura, GR 149177]

Question 9

What is Doctrine of Continuing Jurisdiction?

Answer 9

Doctrine of continuing jurisdiction provides that once jurisdiction has been acquired, the court retains the same until the finally disposes of the case.

Question 10

What is Doctrine of Primary Jurisdiction?

Answer 10

Doctrine of Primary Jurisdiction provides that if an administrative agency has jurisdiction over a dispute, the regular courts ought to respect that jurisdiction.

[San Miguel Properties v. Perez, GR 166836]

Question 11

Does the Court of Appeals have power to receive evidence?

Answer 11

Yes, It does, but only in original cases filed before it or in appealed civil cases, when it grants a Motion for New Trial because of Newly-Discovered Evidence.

[Crispino v. Tiansay, 5 December 2016]

Question 12

Where do you file for Execution of a Kasunduan by the Katarungang Pambarangay?

Answer 12

MTC.

Question 13

How to compute amount in money claims as the basis of jurisdiction?

Answer 13

The law provides that it shall be exclusive of interest, damages, attorney’s fees, litigation expenses and costs.

However, if the interest forms part of the main cause of action and is already known at the time of the filing of the complaint, the entire amount shall be the basis for the jurisdiction.

Question 14

How do courts acquire jurisdiction over the plaintiff?

Answer 14

Upon his/her filing of the complaint.

Question 15

How do courts acquire jurisdiction over the person of the defendant?

Answer 15

Either through:
1. Service of summons;
2. Voluntary appearance; or
3. Submission to the authority.

[Chu v. Mach Asia Trading, GR 184333]

Question 16

What does in personam mean?

Answer 16

Cases that bind only between the parties.

Question 17

What does in rem means?

Answer 17

Cases that is binding or against the whole world.

Question 18

Give an example that is a personal action in rem.

Answer 18

Adoption cases. It is a personal case that is binding or agains the whole world.

Question 19

Give an example of a real action in personam.

Answer 19

Ejectment cases. The subject matter is a possession of the real property but only binding between the parties.

Question 20

Give an example of a real action in rem.

Answer 20

Land registration cases.

Question 21

Where do you file for a case involving a eminent domain?

Answer 21

RTC.

Question 22

Define Jurisdiction.

Answer 22

Jurisdiction is the power and authority of the court to hear, try and decide a case.

Question 23

What is the difference between error of jurisdiction and error of judgment?

Answer 23

Error of Jurisdiction pertains to a court who without the authority to hear, try and decide a case rendered a decision. The remedy is through certiorai.

While an error of judgment is when a court with proper authority to hear, try and decide a case, committed a mistake in the appreciation of the facts and the evidence that lead to an erroneous judgment. The remedy is an appeal provided appeal is allowed by law.

Question 24

How is jurisdiction over the subject matter conferred?

Answer 24

It is conferred by the law. Constitutional or statutory.

Question 25

Can jurisdiction be changed by mere agreement between the parties?

Answer 25

No. Jurisdiction is conferred by law hence, mere agreement between the parties is void.

Question 26

How is jurisdiction over the subject matter determined? [BAR 2014; 2015]

Answer 26

Jurisdiction over the subject matter is determined by the allegations in the complaint, as well as by the character of the relief sought. The allegations in the complaint determine both the nature of the actions and the jurisdiction of the court.

Question 27

What is Doctrine of Primary Jurisdiction (aka Primary administrative jurisdiction)?

Answer 27

The doctrine of primary jurisdiction tells us that the courts cannot, and will not, resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

Question 28

What is Doctrine of exhaustion of administrative remedies?

Answer 28

Under this doctrine, it is mandated that where a remedy before an administrative body is provided by statute, relief must be sought by exhausting this remedy prior to bringing the action in court in order to give that administrative body every opportunity to decide a matter that comes within its jurisdiction.

Question 29

What is Doctrine of Adherence of jurisdiction? (Continuity of jurisdiction)

Answer 29

Doctrine of Adherence of jurisdiction means that once jurisdiction has been acquired, retains that jurisdiction until finally disposes of the case.

Question 30

What is Doctrine of Judicial Stability or Doctrine of non-interference?

Answer 30

The Doctrine of Judicial Stability is one which precludes a court from interfering by injunction with the regular order of a ca-equal court.

Question 31

Effect of estoppel on objections to jurisdiction.

Answer 31

It is well settled that active participation of a party before a court is tantamount to recognition of that court’s jurisdiction and willingness to abide by the court’s resolution.

Question 32

What is an omnibus motion?

Answer 32

An omnibus motion is a motion attacking a pleading, order, judgment or proceeding. “All objections not so included are deemed waived.”

Question 33

What are the non-waivable defenses even if not invoked in the motion to dismiss?

Answer 33

1. Lack of jurisdiction over the subject matter; 2. Litis pendencia; 3. Res judicata; and 4. Prescription.

Question 34

What is an action in personam?

Answer 34

Action in personam is an action against a person on the basis of his personal liability.

Question 35

What is action in rem?

Answer 35

Action in rem is an action against the thing itself, instead of against the person.

Question 36

What is an action quasi in rem?

Answer 36

An action quasi in rem is one wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property.

Question 37

Distinguish question of law and a question of fact.

Answer 37

There is a Question of law when the doubt or the difference arises to what the law is on a certain sets of facts. There is question of facts when the doubt or difference arises as to the truth or falsehood of the alleged facts.

Question 38

True or False. When issues not raised in the pleadings are tried with express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.

Answer 38

True. :P

Question 39

How is jurisdiction over the res acquired?

Answer 39

Jurisdiction over the res may be acquired by the court by placing the property or thing under its custody (custodia legis) or constructive seizure.

Question 40

Which court has the exclusive jurisdiction over small claims and summary procedure?

Answer 40

MTC, Municipal Trial Court

Question 41

Which court has jurisdiction over forcible entry and unlawful detainer?

Answer 41

MTC regardless of the amount sought or value of the property.

Question 42

Explain Accion publiciana.

Answer 42

Accion publiciana is a plenary action for recovery of possession in an ordinary proceeding, in order to determine the better and legal right to possess, independently of title. The objective of the plaintiff in accion publiciana is to recover possession only, not ownership.

Question 43

Explain Accion reinvindicatoria.

Answer 43

An accion reinvindicatoria is a suit which has for its object the recovery of possession over the real property as owner. It involves recovery of ownership and possession based on that ownership.

Question 44

Which court is known as the court of general jurisdiction.

Answer 44

RTC. Regional Trial Court.

Question 45

Which court is also know as the court of general jurisdtion?

Answer 45

RTC.

Question 46

What is the test for "Incapable of Pecuniary Estimation"?

Answer 46

If the collection of sum of money in merely incidental to the principal relief sought, the action is incapable of pecuniary estimation.

Question 47

Actions or proceedings not govern by the Rules of Court.

Answer 47

C-E-L-I-N 1. Cadastral Cases 2. Election Cases 3. Land registration cases 4. Insolvency proceedings 5. Naturalization cases

Question 48

What are the limitations on the rule-making power of the Supreme Court?

Answer 48

1. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. 2. The rules shall be uniform for courts of the same grade. 3. The rules shall not diminish, increase, or modify substantive right. [sec.5(5), ART VIII]

Question 49

What is a negative defense?

Answer 49

A negative defense is a specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause of action.

Question 50

Give examples of entities authorized by law to be parties:

Answer 50

1. Estate of a deceased 2. Legitimate Labor Organization 3. Corporation under dissolution under sec. 22 of the corporation code.

Question 51

Who is a real party in interest? What is the ground for dismissal if the party is not a real party in interest?

Answer 51

One who has a material interest in the case and stands to be benefited or injured by the judgment in the case. The rules is that every civil action must be prosecuted in the name of the real party in interest. Failure of the complaint to state a cause of action.

Question 52

Who is a necessary party?

Answer 52

A necessary party is one that is not indispensable but who ought to be joined as party if complete relief is to be accorded.

Question 53

Who is an indispensable party?

Answer 53

Indispensable parties are parties-in-interest without whom no final determination can be had of an action.

Question 54

Wha is the remedy if an indispensable was not impleaded?

Answer 54

Implead the indispensible party.

Question 55

What is the test for the exclusivity of venue in the stipulation?

Answer 55

The stipulation must sow exclusivity by using restrictive words such as only, solely, exclusively in this court, in no other court, particularly, nowhere else but/except, etc.

Question 56

Where is the venue for a derivative suit?

Answer 56

Where the principal/main office of the corporation is located.

Question 57

True or False. A motion for reconsideration is a prohibited pleading under the Rules on Summary Procedure.

Answer 57

True. Sec. 19 (c)

Question 58

What is a pleading?

Answer 58

It is a written statement of the party’s claims or defenses in an action that is submitted to the court for appropriate judgment.

Question 59

What is a motion?

Answer 59

A motion is an application for relief other than by a pleading. [sec. 1, Rule 15]

Question 60

What are the pleadings allowed under the Rules of Court?

Answer 60

CCX3IAnRR Complaint; Counterclaim; Cross-claim; Third-party complaint; Intervention; Answer; Reply; and Rejoinder.

Question 61

What is an affirmative defense?

Answer 61

An allegation of a new matter which would bar recovery by plaintiffs even if the allegations in the complaint are hypothetically admitted.

Question 62

What is a negative defense?

Answer 62

A defense that specifically denies the material facts alleged in the complaint.

Question 63

Give examples of an affirmative defense.

Answer 63

Fraud Prescription Payment Release Illegality Statute of Frauds Estoppel Discharge in bankruptcy

Question 64

What is a compulsory counter-claim?

Answer 64

Sec. 7, Rule 6 It arises out of or is necessarily connected with the transaction or occurence subject of the opposing party’s claim It is existing at the time of the filing of the answer It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction

Question 65

What is a permissive counterclaim?

Answer 65

If it does not arise out of or is not necessarily connected with the subject matter of the opposing party’s claim A permissive counterclaim is essentially an independent claim that may be filed separately in another case.

Question 66

Compulsory counterclaim must be raised in the answer, otherwise it will be barred. What is the exception in this principle?

Answer 66

A compulsory counter claim is not barred when the claim did not exist or mature at the time of the filing of the answer. [BDO v. CA, GR 160354, Aug. 25, 2005]

Question 67

Compulsory counterclaim must be raised in the answer, otherwise it will be barred. What is the exception in this principle?

Answer 67

A compulsory counter claim is not barred when the claim did not exist or mature at the time of the filing of the answer. [BDO v. CA, GR 160354, Aug. 25, 2005]

Question 68

True or False. The dismissal of the complaint dismisses the counterclaim. Exception.

Answer 68

True. Except when the dismissal of the complaint is due to the fault of the plaintiff. The dismissal of the complaint is without prejudice, thus the defendants may pursue the counterclaim.

Question 69

True or False. Filing a motion to dismiss is an implied waiver of the compulsory claim.

Answer 69

True.

Question 70

What is a cross-claim?

Answer 70

A claims by one party against a co-party.

Question 71

Details on the Counsel’s signature on a pleading.

Answer 71

1 Proof of service 2 Roll of attorney’s number 3 Professional tax receipt number 4 IBP Official Receipt number 5 MCLE Compliance certificate number and date of issue

Question 72

When is certification of non-forum shopping required?

Answer 72

A certification of non-forum shopping is required on an initiatory pleading.

Question 73

What are required when a party to a pleading to sign a certificate of non-forum shopping is a corporation?

Answer 73

1. It must be signed by its duly authorized officer pursuant to sec. 22 in relation to sec. 24 of the Revised Corporation Code. 2. The certification should be accompanied by a Secretary’s certificate or Board Resolution showing the authority of the officer to sign the certification. NOTE: * Failure to attach the proof of authority shall merit the dismissal of the complaint or petition. * Sec. 5, Rule 7 now provides that the authorization of the affiant in the form of secretary’s certificate or special power of attorney should be attached to the pleading.

Question 74

What is the effect of failure to comply with the rule on certification?

Answer 74

1. The case shall be dismissed without prejudice unless otherwise provided upon motion after hearing. 2. Submission of a false certification and non-compliance with the undertakings therein shall constitute indirect contempt of court. 3. If willful and deliberate forum shopping, shall be a ground for dismissal with prejudice and shall constitute direct contempt.

Question 75

What is a verification?

Answer 75

Verification is a written and signed statement that the entails truthfulness of the claims. *You are basically promising to tell the truth.

Question 76

What are ultimate facts?

Answer 76

Ultimate facts are essential and substantial facts which form the basis of the primary right and duty or which directly make up the wrongful acts or omission of the defendant.

Question 77

What are Evidentiary facts?

Answer 77

Evidenciary facts are those which tend to prove or establish said ultimate facts.

Question 78

What must be averred with particularity?

Answer 78

1. Fraud, mistake, or circumstances surrounding fraud or mistake 2. Facts showing the capacity to sue or be sued; or authority of a party to sue or e sued in a representative canpacity; or legal existence of an organized association of persons

Question 79

1.) What is an actionable document? 2.) What is the effect of failure to attach an actionable document?

Answer 79

1.) An actionable document is a document that serves as a basis of the plaintiff’s cause of action or defendant’s defense must be attached to the complaint or answer, as the case may be. 2.) Failure to attach the document to the complaint will be dismissed for failure to state a cause of action or the answer will have no legs to stand on.

Question 80

What is the effect of failure to specifically deny under oath an actionable document?

Answer 80

Genuineness and due execution of the document will be deemed admitted. * Genuineness merely refers to the fact that the signatures were not falsified and/or whether there was no substantial alteration to the document, while due execution refers to whether the document was signed by one with authority. * But the defendant is not precluded from presenting evidence to refute the facts stated in the document.

Question 81

What is a NEGATIVE PREGNANT?

Answer 81

A negative pregnant does not qualify as a specific denial. It is conceded to be actually an admission. It refers to a denial which implies its affirmative opposite by seeming to deny only a qualification or an incidental aspect of the allegation but not the main allegation itself. EX: I have never borrowed money from the plaintiff from 2011 to 2013. >> this implies that there was borrowing of money at other times. * It is in effect an admission

Question 82

Period for serving cross, redirect and re cross interrogatories.

Answer 82

Cross - 10 days Re-direct - 5 days Re-cross - 3 days