General Principles

Question 1

Substantive law vs. remedial law

Answer 1

CDR- Substantive law is one which creates, defines and regulates rights.

PMEO- Remedial law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. It is also known as adjective law.

Question 2

Rule-making power of the Supreme Court

Answer 2

Sec. 5[5], Article VIII, 1987 Constitution states that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleadings, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance tot he underprivileged.

Limitations:

1. the rules shall be uniform for all courts of the same grade;
2. they shall not diminish, increase or modify substantive rights.

Any such rules shall provide a simplifi ed and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain eff ective unless disapproved by the Supreme Court. (Art. VIII, Sec. 5[5])

Question 3

Principle of judicial hierarchy

Answer 3

Direct resort from the lower courts to the Supreme Court will not be entertained unless the appropriate remedy cannot be obtained in the lower tribunals.

REASONS:

1. To prevent inordinate demands upon the Supreme Court’s time and attention which are better devoted to those matters within its exclusive jurisdiction, and
2. To prevent further overcrowding of the SC’s docket.

EXCEPTIONS:

(1. ) when genuine issues of constitutionality are raised that must be addressed immediately;
(2) when the case involves transcendental importance;
(3) when the case is novel;
(4) when the constitutional issues raised are better decided by this Court;
(5) when time is of the essence;
(6) when the subject of review involves acts of a constitutional organ;
(7) when there is no other plain, speedy, adequate remedy in the ordinary course of law;
(8) when the petition includes questions that may affect public welfare, public policy, or demanded by the broader interest of justice; (9) when the order complained of was a patent nullity; and
(10) when the appeal was considered as an inappropriate remedy

Question 4

Doctrine of non-interference/judicial stability

Answer 4

Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders.

No court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction.

Such doctrine applies also to administrative bodies. When the law provides for an appeal to the CA or SC from the decision of an administrative body, it means that such body is co-equal with the RTC and is then beyond the control of the latter.

Exception: Where a third party claimant is involved and it is prosecuted in a proper action. The court can issue a TRO or an injunction as an exception to the rule.

Question 5

Jurisdiction: Original vs. appellate

Answer 5

ORIGINAL: A court is one with original jurisdiction when actions or proceedings may be originally filed with it.

APPELATE: A court is one with appellate jurisdiction when it has the power to review on appeal the decisions or orders of a lower court.

Question 6

Jurisdiction: General vs. special

Answer 6

GENERAL: Courts of general jurisdiction are those with competence to decide on their own jurisdiction and take cognizance of all cases of a particular nature.

SPECIAL: Courts of special jurisdiction are those which have jurisdiction only for a particular purpose or clothed with special powers for the performance of specified duties beyond which they have no authority of any kind.

Question 7

Jurisdiction: Exclusive vs. concurrent

Answer 7

Exclusive jurisdiction precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others.

Concurrent jurisdiction is also called coordinate jurisdiction. It is the power of different courts to take cognizance of the same subject matter. Where such jurisdiction exists, the court first taking cognizance of the case assumes jurisdiction to the exclusion of the other courts.

Question 8

Continuity of jurisdiction

Answer 8

Once jurisdiction is acquired or attached to a court over a case, it continues until the end of the case.

Question 9

Original Jurisdiction of the MTC, MeTC, MCTC

Answer 9

a. Where the value of personal property, estate, or amount of demand does not exceed P300,000 outside Metro Manila or does not exceed P400,000 in Metro Manila, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs, in the following cases:
1. Civil actions,
2. Probate proceedings, (testate or
intestate)
3. Provisional remedies in proper cases.
[Sec. 33(1), B.P. 129, as amended by
R.A. 7691]

b. Forcible entry and unlawful detainer (FEUD)
c. All civil actions involving title to, or possession of, real property, or any interest therein where assessed value of property or interest therein does not exceed P20,000 outside Metro Manila, or does not exceed P50,000 in Metro Manila
d. Inclusion and exclusion of voters

Question 10

Original Jurisdiction of the RTC

Answer 10

a. All civil actions in which the subject of the litigation is incapable of pecuniary estimation
b. Civil actions involving title to, or possession of real property, or any interest therein, where assessed value exceeds P20,000 outside Metro Manila, or exceeds P50,000

c. Any action if the amount involved exceeds P300,000 outside Metro Manila or exceeds P400,000 in Metro Manila in
the following cases: Actions in admiralty and maritime jurisdiction, where the amount refers to demand or claim, Matters of probate, In all other cases where the amount refers to the demand, exclusive of interest, damages of whatever kind, attorney’s fees.

d. All actions involving the contract of marriage and family relations
e. All civil actions and special proceedings falling within exclusive original jurisdiction of the Court of Agrarian Reform
f. All cases not within exclusive jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial functions [Sec. 19(6), B.P. 129, as amended by R.A. 7691] This jurisdiction is often described as the “general jurisdiction” of the RTC.

Question 11

Original Jurisdiction of the Family Courts

Answer 11

a. Criminal cases where one or more accused is below 18 but not less than 9 years old or where one or more victims was a minor at time of commission of offense,
b. Petitions for guardianship, custody of children and habeas corpus in relation to children,
c. Petitions for adoption of children and revocation thereof,
d. Complaints 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 conjugal partnership of gains,
e. Petitions for support and/or acknowledgment,
f. Summary judicial proceedings brought under the provisions of Family Code,
g. Petitions for declaration of status of children as abandoned, dependent or neglected children, voluntary or involuntary commitment of children, suspension, termination or restoration of parental authority, and other cases cognizable under P.D. 603, E.O. 56, s. 1986, and other related laws,
h. Petitions for constitution of family home,

i. Cases against minors cognizable under Dangerous Drugs Act, as amended, (now
R.A. 9165)

j. Violations of R.A. 7610, or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, and
k. Cases of domestic violence against Women and Children.

Question 12

Original Jurisdiction of the CTA

Answer 12

EXCLUSIVE ORIGINAL JURISDICTION
1. Over tax collection cases involving final and executory assessments for taxes, fees, charges, and penalties; Provided, however, that collection cases where the principal amount of taxes and fees. exclusive of charges and penalties claimed, is less than P1,000,000 shall be tried by the proper Municipal Trial Court Metropolitan Trial Court, and Regional Trial Court.

Question 13

Original Jurisdiction of the Sandiganbayan

Answer 13

a. Violations of R.A. 3019 or the Anti-Graft and Corrupt Practices Act
b. Violations of R.A. 1379 or An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor
c. Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC), where one or more of the principal accused are occupying the following positions in government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (R.A. 6758),
specifically including:

● Provincial governors, vice- governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads
● City mayors, vice-mayors, members of the sangguniangpanlungsod, city treasurers, assessors, engineers, and other
city department heads
● Officials of the diplomatic service occupying the position of consul and higher
● Philippine army and air force colonels, naval captains, and all officers of higher rank;
● Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher
● City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special
prosecutor;
● Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations
2. Members of Congress and officials thereof classified as Grade 27 and up under R.A. 6758
3. Members of the Judiciary without prejudice to the provisions of the Constitution
4. Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the Constitution
5. All other national and local officials classified as Grade 27 and higher under R.A. 6758
Note: Exclusive original jurisdiction shall be vested in the proper RTC or MTC, as the case may be, where none of the accused
are occupying positions corresponding to Salary Grade 27 or higher, or military and PNP officers mentioned above [Sec. 4, P.D. 1606, as amended by R.A. 10660]

d. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a. ofsection 4 (as amended) in relation to their office
e. Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14-A
f. Petitions for mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction, and petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986
[Sec. 4, P.D. 1606, as amended by R.A. 10660]

CONCURRENT ORIGINAL JURISDICTION With SC, CA, and RTC for petitions for writs of amparo [Sec. 3, Rule on the Writ of Amparo] and habeas data [Sec. 3, Rule on the Writ of Habeas Data]

Question 14

Original Jurisdiction of the CA

Answer 14

EXCLUSIVE ORIGINAL JURISDICTION: Actions for annulment of judgments of the RTC

Question 15

Original Jurisdiction of the Supreme Court

Answer 15

The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly fi led with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus (Art. VIII, Sec. 5[1]). It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan. It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts in:

a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved. (Art. VIII, Sec. 5[1], [2])

Question 16

Aspects of jurisdiction: Jurisdiction over the Parties

Answer 16

Over the Plaintiff: Acquired by filing of the initiatory pleading.
Over the Defendant: Acquired by proper service of summons, or by voluntary appearance in court and his submission to the authority of the court. In mandamus cases, acquired by filing of the action and payment of the prescribed docket fees. Cannot be acquired over the defendant who is a non-resident who is not found in the Philippines.

Question 17

Aspects of jurisdiction: Jurisdiction over the Subject Matter

Answer 17

CONFERRED by law, that is, BP 129, otherwise known as the Judiciary Reorganization Act.”
Does not depend on the objection or the acts or omissions of the parties or anyone of them.
Not waivable except in cases of estoppel to question or raise jurisdiction, as in the exceptional rule of Tijam v.s Sibonghanoy.
Figueroa v People: Despite pendency of 18 years, lack of jurisdiction cannot be raised. 1: Principle of estoppel against the govt cannot lie against the government. 2. In Tijam the delayed invocation of lack of jurisdiction has been made during the execution stage of a final and executory ruling of the court. If discovered in the appeal stage, the exceptional rule in Tijam cannot apply.

ACQUIRED by the court upon payment of the prescribed docket fee. Rule in Manchester now relaxed: Plainly, while the payment of prescribed docket fee is a jurisdictional requirement, even its non-payment at the time of filing does not automatically cause the dismissal of the case, as long as the fee is paid within the applicable prescriptive or reglementary period, more so when the party involved demonstrates a willingness to abide by the rules prescribing such payment. Thus, when insufficient filing fees were initially paid by the plaintiffs and there was no intention to defraud the government, the Manchester rule does not apply.

DETERMINED by the allegations made in the complaint, irrespective of whether or not the plaintiff is entitled to the reliefs sought.

Question 18

Aspects of jurisdiction: Jurisdiction over the Issues

Answer 18

Acquired or conferred by the pleadings.

May be conferred in law like in probate proceedings.

Question 19

Aspects of jurisdiction: Jurisdiction over the res or the property in litigation

Answer 19

Acquired by the seizure of the thing under legal process whereby it is brought into actual custody of the law, or it may result in the institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective.

Question 20

Jurisdiction vs. exercise of jurisdiction

Answer 20

Jurisdiction is the authority to hear and decide a case. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made.

If there is jurisdiction over the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction.

Question 21

Jurisdiction vs. venue

Answer 21

a. Jurisdiction is the authority to hear and determine a case; venue is the place where the case is to be hear or tried.
b. Jurisdiction is a matter of substantive law; venue, of procedural law;
c. Jurisdiction establishes a relation between the court and the subject matter; venue, a relation between plaintiff and defendant, or petitioner and respondent;
d. Jurisdiction is fixed by law and cannot be conferred by parties; venue may be conferred by the act or agreement of parties.

Question 22

Jurisdiction over cases covered by Barangay Conciliation

Answer 22

The 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.

Except:
1. Where one party is the government or any subdivision or instrumentality thereof
2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P5,000
4. Offenses where there is no private offended party
5. 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 lupon
6. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
7. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice [Sec. 408, Local Government Code]
8. Any complaint by or against corporations, partnerships, or juridical entities, since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents, [Sec. 1, Rule VI, Katarungang Pambarangay Rules; also see SC Administrative Circular No. 14-93]
9. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued,
specifically:
a. A criminal case where the accused is under police custody or detention,
b. A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf,
c. Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin and support pendente lite, or
d. Where the action may be barred by the Statute of Limitations,10. Labor disputes or controversies arising from employer-employee relationship,
11. Where the dispute arises from the CARL, or
12. Actions to annul judgment upon a compromise which may be directly filed in court.
[Supreme Court Administrative Circular No. 14- 93]

Note: Barangay conciliation is a condition precedent for filing a case. However, failure to comply with a condition precedent is no longer a ground for a motion to dismiss under the Amended Rules. It is now included in the enumerated Affirmative Defenses that may be set out in the answer under Sec. 12(a), Rule 8. Being a waivable defense, the failure to raise non-compliance with condition precedent in the answer constitutes a bar from raising such defense later in the proceedings.

Question 23

Jurisdiction over Small Claims cases

Answer 23

The Revised Rules shall govern the procedure in actions for payment of money where the value of the claim does not exceed PHP 400,000 in cases filed before the MeTC, and P300,000 in cases filed before the MCTC, MTCS, and MTCC, exclusive of interest and
costs. [ February 26, 2019 Resolution in A.M. No. 08-8-7-SC] [OCA Circular No. 45-2019]

Applicability
All actions which are purely civil in nature, where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money.

The claim or demand may be:
1. For money owed under a contract of lease, loan, services, sale, or mortgage,
2. For liquidated damages arising from contracts, or
3. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of the LGC.
[Sec. 2, A.M. No. 08-8-7-SC, February 1, 2016]

Question 24

Jurisdiction over cases of Summary Procedure

Answer 24

1. All cases of forcible entry and unlawful detainer (FEUD), irrespective of the amount of damages or unpaid rentals sought to be recovered,
2. All other cases, except probate proceedings, where the total amount of the plaintiff‘s claim does not exceed P100,000 outside Metro Manila or P200,000 in Metro Manila, exclusive of interest and costs
   [Sec. 1, Revised Rule on Summary Procedure, as amended by A.M. No. 02-11-09-SC]