General Provisions Flashcards
(88 cards)
1
Q
what is substantive law?
A
Creates, defines or regulates rights concerning life, liberty, property or the powers of agencies or the instrumentalities for the administration of public affairs
-its is regulated by Congress
2
Q
What is procedural law?
A
are provisions prescribing the method by which substantive rights may be enforced in courts of justice
can be waived or subject to the agreement of parties
This is created or regulated by the Supreme Court
3
Q
What is remedial law?
A
It is a branch of law that prescribes the methods of enforcing rights and obligations created by substantive law.
4
Q
What are the limitations on the rule-making power of the SC? (emphasized by Dean)
A
1) Simplified and inexpensive procedure for the speedy disposition of cases *
2) it shall be uniform for all courts
3) It shall not diminish increase or modify substantive rights
5
Q
What is a Court?
A
Is an entity or a body vested with a portion of judicial power.
6
Q
What is jurisdiction?
A
the power of the court to hear, try and decide a case.
(refers to the COURT)
7
Q
how is jurisdiction conferred?
A
It is provided by Law. (BP 129 and it’s amendments)
8
Q
How is Jurisdiction ascertained?
A
Whether a court has jurisdiction over an action brought to it is ascertained from and determined upon the ultimate material facts pleaded in the complaint.
(Explanation ni Dean: if the complaint and the answer presents separate jurisdiction, the allegation in the complaint prevails and determines the jurisdiction)
9
Q
Concurrent jurisdiction
A
held by courts which have jurisdiction over the same subject matter and within the same territory and wherein
10
Q
What is the principle of judicial hierarchy?
A
The judicial system follows a ladderized scheme which in essence requires the lower courts to initally decide on a case before it is considered by a higher court.
11
Q
What is the doctrine of non-interference or doctrine of judicial stability?
A
This principle holds that Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders
12
Q
What is the principle of Continuity of jurisdiction/adherence of jurisdiction?
A
Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although the event is of such character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case.
13
Q
What are the elements of jurisdiction in civil cases?
A
- jurisdiction over the subject matter
- over the person or parties to the case
- over the res
- over the issues
(they all need to be be present in a civil case)
14
Q
What is the effect if a court has no jurisdiction over a case?
A
the trial, proceedings as well as the judgment will be considered null and void
15
Q
Define jurisdiction over the subject matter.
A
Jurisdiction over the subject matter is the power of the court to hear and determine cases of
the general class to which the proceedings in question belongs. (Banco Español-Filipino vs. Palanca, 37
Phil. 291)
In other words, it is the jurisdiction over the nature of the action. Now, you know already the
various types of civil cases such as actions for nullity of marriage, action publiciana, action
reivindicatoria, etc. This is what we call the NATURE OF THE ACTION.
16
Q
Who regulates the laws/rules?
A
Substantive-Congress
Procedural - Supreme Court
17
Q
Who has the power to regulate, change or suspend procedural law?
A
The SC
18
Q
What is civil procedure?
A
Provides for the manner by which civil claims are prosecuted,from filing to trial, judgment, appeals and execution.it is covered by Rules 1-56.
19
Q
What is the basis for the rule making power supreme court?
A
Article viii the 1987 constitution
20
Q
Why is it said that the count is vested only with a portion of judicial power?
A
This is because the constitution provides that -the judicial power shall be vested in me Supreme Court and in such other lower courts as may be established by law
- handling of cases are distributed
21
Q
How are courts classified?
A
1) superior and interior
2) courts of original jurisdiction and courts of appellate jurisdictions
3) civil courts and criminal courts
22
Q
Distinguish ai - superior from an inferior court
A
23
Q
What court is superior?
A
Supreme Court
24
Q
Which is an interior court?
A
I the MTC since it there is no other court under it.
25
What is an appellate court?
A court where a case is reviewed or elevated
26
What is a civil court?
Those which take cognizance of civil cases only. (This does not apply the in the lippines as all our courts can be filed in the courts.
27
Is the prosecutors' office a criminal court?
No.
28
Distinguish court of law versus court of equity
'court of law administer the law of the land while court of equity rule according to precepts of equity or justice
29
How is jurisdiction conferred?
It is conferred by law BP (129)
30
CONTINUITY OF JURISDICTION/ADHERENCE OF JURISDICTION
Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although the event is of such character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case.
Gen. Rule: A law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases prior to its enactment.
Exceptions:
1. When the new law expressly provides for retroactive application
2. When the change of jurisdiction is curative in character (Vda. De Ballesteros vs. Řural Bank of Canaman, G.R. No. 176250, 2010)
31
Meaning of Subject Matter
SC: Subject matter is the item with respect to which the controversy has arisen, or concerning which the wrong has been done, and it Is ordinarily the right, the thing, or the contract under dispute.
Gen. Rule: Jurisdiction over the subject matter is conferred by law and cannot be acquired by agreement of the parties, waiver or failure to object to the same. When the court has no jurisdiction, it has the power to dismiss the case.
Exception: When there is estoppel by laches as laid down in Tjiam vs. Sibonghanoy (April 15, 1968)
32
How does the court acquire jurisdiction over the person in civil cases?
it depends on the party. If it is the plaintiff, it is acquired from the moment he files a complaint (MRR Co. vs. Attorney-General, 20 Phil. 253) If it is the defendant, it is acquired (1) upon service on him of coercive process in the manner provided by law, or (2) by his or her voluntary submission to the jurisdiction of the court.
33
Jurisdiction over the person of the defendant is acquired:
a. Valid service of summons
b. By voluntary submission to the jurisdiction of the court (voluntary appearance).
34
distinguish jurisdiction over the person of the defendant and jurisdiction over subject matter
Lack of jurisdiction over the person of the defendant may be cured by waiver, consent, silence or failure to object while in jurisdiction over subject matter cannot be cured by failure to object or by silence, waiver or consent
35
JURISDICTION OVER THE RES
Res - Latin word for “thing.”
36
A and B quarreled about a piece of land. What is the res of the case?
The land
37
C is an illegitimate child. She filed a case against her father for compulsory recognition. What is the res?
The status of C.
38
Jurisdiction over the res
s that acquired by the court over the property or thing in contest, and is obtained by seizure under legal process of the court whereby it is held to abide such order as the court may make.
39
How is jurisdiction over the res acquired?
A: By the following:
1. Actual or constructive seizure of the property under legal process, whereby it is brought into the custody of the law; or
2. As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective (Biaco vs. Philippine Countryside Rural Bank, G.R. No. 161417, 2007)
40
What is the rule if the action is in rem or quasi in rem as regards to jurisdiction?
If the action is in rem or quasi in rem, jurisdiction over the person of the defendant is not required. What is required is jurisdiction over the res, although summons must be served upon the defendant in order to satisfy the requirements of due process.
41
Why is jurisdiction over the res important?
Because it can sometimes be used as a substitute for jurisdiction over the person. There are instances when the court cannot acquire jurisdiction over the person of the defendant like when he is abroad but if the court acquires jurisdiction over the res, the case may proceed.
42
JURISDICTION OVER THE ISSUES
Refers to the power of the court to try and decide the issues raised in the pleadings of the parties (Reyes vs. Diaz, G.R. No. L-48754, 1941).
This jurisdiction (over the issues) means that the court must only pass upon issues raised by the parties in their pleadings. Hence, if the issue raised by the parties is possession, the court has no jurisdiction to pass upon the issue of ownership because it is not an issue in the case.
43
what is an issue?
a disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision
44
How is JURISDICTION OVER THE ISSUES acquired?
It is acquired after the defendant has filed an answer.
45
JURISDICTION OVER THE REMEDIES
Fundamental is the rule that the provisions of the law and the rules concerning the manner and period of appeal are mandatory and jurisdictional requirements; hence, cannot simply be discounted under the guise of liberal construction.
Post-judgment remedies, such as an appeal, is neither a natural right nor is a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provisions of the law.
46
JURISDICTION VS. EXERCISE OF JURISDICTION
The authority to decide a case, not the decision rendered, is what makes up jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. Where 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.
47
ERROR OF JURISDICTION
Occurs when the court exercises a jurisdiction not conferred upon it by law or when a court or tribunal acts in excess of its jurisdiction or with grave abuse of discretion.
Correctible by certiorari.
48
ERROR OF JUDGMENT
Occurs when a court or tribunal clothed with jurisdiction commits mistakes in the appreciation of the facts and evidence leading to erroneous judgment.
Correctible by appeal.
49
What is Venue
is the place, or the geographical area where an action is to be filed and tried
50
What is the heirarchy of courts?
Supreme Court as the highest, CA, RTC and then MTC/METC/MCTC/MTCC
51
what are regular courts?
A. Trial Courts
i. MeTCS/MTCIMTCC and MCTC
ii. Regional Trial Courts*
B. Appellate Courts
i. Court of Appeals
ii. Supreme Court
52
SPECIAL COURTS
1. Court of Tax Appeals (R.A. 1125)
2. Sandiganbayan (P.D. 1486, as amended)
3. Shari'a District Courts and Shari'a Circuit Courts (P.D. 1083)
4. Family Courts
53
QUASI-COURTS
A. Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
B. Quasi-Judicial Agencies
1. Civil Service Commission
2. Central Board of Assessment Appeals (Appeals on property assessments by LGUs)
3. Securities and Exchange Commission (SEC) (registration of corporations)
4. Office of the President
5. Land Registration Authority
6. Social Security Commission
7. Civil Aeronautics Board
8. Intellectual Property Office (Patents and Trademarks)
9. National Electrification Administration
10. Energy Regulatory Board
11. National Telecommunications Commission
12. Department of Agrarian Reform (Tenancy and land distribution)
13. Government Service Insurance System
14. Employees Compensation Commission
15. Insurance Commission
16. Philippine Atomic Energy Commission
17. Board of Investments
18. Construction Industry Arbitration Commission
19. Ombudsman
20. National Labor Relations Commission
21. Bureau of Immigration
22. Housing Land Use and Regulatory Board/Department of Human Settlements and Urban Development
23. National Commission on Indigenous People
C. Others
1. National Police Commission
2. Bureau of Jail Management and Penology
3. Professional Regulation Commission
4. Department of Trade and Industry
5. Bureau of Mines
54
what is a QUASI-JUDICIAL AGENCY?
A quasi-judicial agency is an organ of the government other than a court and other than legislature, which affects the rights of private parties either through adjudication or rule-making.
55
Doctrine of Primary Jurisdiction
Courts will not determine a controversy involving a question within the jurisdiction of the administrative tribunal when the question demands the exercise of sound administrative discretion requiring specialized knowledge and expertise of said administrative tribunal to determine technical and intricate matters of fact.
56
Doctrine of Exhaustion of Administrative Remedies
Courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence
57
Jurisdiction of the Supreme Court
a. Original
i. Original and Exclusive
ii. Original and Concurrent
b. Appellate
58
The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, over petitions for certiorari, prohibition and mandamus, quo warranto and habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or rules of court may provide, final judgments and orders of 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. (RTC to SC)
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 penally imposed is reclusion perpetua or higher;* (See: People vs. Mateo, G R. No. 147678 [July 7, 2004)
e. All cases in which an error or question of law is involved.
59
Original and Exclusive of the Supreme Court
Petitions for the Issuance of Writs of Certiorari, Prohibition and Mandamus against:
1. Court of Appeals
2. Commission on Elections
3. Commission on Audit
4. Sandiganbayan
5. Court of Tax Appeals
60
Original and Concurrent jurisdiction of the With the Court of Appeals
1. Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
a. National Labor Relations Commission (NLRC)
b. Civil Service Commission (CSC)
c. Quasi-judicial agencies
d. RTC and lower courts
2. Petitions for the issuance of a writ of kalikasan
Note: This is subject to the doctrine of hierarchy of courts.
61
Original and Concurrent jurisdiction of the With the Court of Appeals Sandiganbayan and RTC
1. Petition for writ of amparo;
2. Petition for writ of habeas data.
Note: For a petition for writ of habeas data, the action may be fled with the Sandiganbayan when the action concerns public data files of government offices.
62
Original and Concurrent jurisdiction of the With the Court of Appeals and RTC
1. Petitions for habeas corpus and quo warranto;
2. Petitions for issuance of writs of certiorari, prohibition, mandamus against lower courts or bodies;
3. Petitions for issuance of writ of continuing mandamus in environmental cases.
63
Original and Concurrent jurisdiction of the With the Court of Appeals and RTC
Actions affecting ambassadors, other public ministers and consuls.
Note: Under RA. 10660. the Sandiganbayan has jurisdiction in criminal cases involving officials of the diplomatic service occupying the position of consul and higher.
64
APPELLATE JURISDICTION OF THE SUPREME COURT
1. Appeal by Notice of Appeal
In criminal cases where:
a. The CA renders a judgment imposing reclusion perpetua, life imprisonment, or a lesser penalty, the judgment is appealable to the SC by notice of appeal filed with the CA (Dungo vs. People, G. R. No. 209464 [July 1, 2015])
b. The Sandiganbayan decides case the exercise of its original jurisdiction, the notice of appeal shall be filed with the Sandiganbayan and served upon the adverse party.
2. Appeal by Certiorari/Petition for Review on Certiorari (Rule 45)
In civil cases involving:
a. Appeals from the RTC, in the exercise of its original jurisdiction, involving pure questions of law;
b. Appeals from the following, involving questions of law, fact, or both:
i. Court of Appeals
ii. Court of Tax Appeals, en banc; and
iii. Sandiganbayan
c. Appeals in the following cases involving questions of law, fact, or both:
i. Petition for a writ of amparo
ii. Petition for a writ of kalikasan
iii. Petition for a writ of habeas data
In criminal cases where:
a. The Court of Appeals renders a judgment imposing reclusion perpetua, life imprisonment, or a lesser penalty, and the appeal raises pure questions of law.
b. The Sandiganbayan decides a case in the exercise of its appellate jurisdiction, involving pure questions of law, fact, or both.
3. Special Civil Action of Certiorari within thirty (30) days [Rule 64]
Decision, order or ruling of:
1. Commission on Elections;
2. Commission on Audit
4. Appeal by Automatic Review
In criminal cases:
a. Whenever the CA finds that the penalty of death should be imposed, the CA shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.
b. Where the judgment of the CA also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to the Supreme Court.
c. Whenever the Sandiganbayan, in the exercise of its original jurisdiction, imposes the death penalty, the records of the case, together with the stenographic notes, shall be forwarded to the SC for automatic review and judgment.
65
APPELLATE JURISDICTION OF THE SUPREME COURT
Appellate
1. Appeal by Notice of Appeal
In criminal cases where:
a. The CA renders a judgment imposing reclusion perpetua, life imprisonment, or a lesser penalty, the judgment is appealable to the SC by notice of appeal filed with the CA (Dungo vs. People, G. R. No. 209464 [July 1, 2015])
b. The Sandiganbayan decides case the exercise of its original jurisdiction, the notice of appeal shall be filed with the Sandiganbayan and served upon the adverse party.
66
APPELLATE JURISDICTION OF THE SUPREME COURT Appeal by Certiorari/Petition for Review on Certiorari (Rule 45)
In civil cases involving:
a. Appeals from the RTC, in the exercise of its original jurisdiction, involving pure questions of law;
b. Appeals from the following, involving questions of law, fact, or both:
i. Court of Appeals
ii. Court of Tax Appeals, en banc; and
iii. Sandiganbayan
c. Appeals in the following cases involving questions of law, fact, or both:
i. Petition for a writ of amparo
ii. Petition for a writ of kalikasan
iii. Petition for a writ of habeas data
In criminal cases where:
a. The Court of Appeals renders a judgment imposing reclusion perpetua, life imprisonment, or a lesser penalty, and the appeal raises pure questions of law.
b. The Sandiganbayan decides a case in the exercise of its appellate jurisdiction, involving pure questions of law, fact, or both.
67
APPELLATE JURISDICTION OF THE SUPREME COURT 4. Appeal by Automatic Review
In criminal cases:
a. Whenever the CA finds that the penalty of death should be imposed, the CA shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.
b. Where the judgment of the CA also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to the Supreme Court.
c. Whenever the Sandiganbayan, in the exercise of its original jurisdiction, imposes the death penalty, the records of the case, together with the stenographic notes, shall be forwarded to the SC for automatic review and judgment.
68
REGIONAL TRIAL COURT I. Original and Exclusive
1. Civil actions in which the subject of litigation is incapable of pecuniary estimation.
2. Civil actions which involve the title to, or possession of real property, or any interest therein, where the assessed value of the property involved exceeds Four Hundred Thousand (P400,000.00) Pesos*
3. Actions in admiralty and maritime jurisdiction where the demand or claim exceeds Two Million (P 2,000,000.00) Pesos*
4. Matters of probate, both testate and intestate, where the gross value of the estate exceeds Two Million (P 2,000,000.00) Pesos*
5. Cases not within the exclusive jurisdiction of any court, tribunal or person or body exercising judicial or quasi-judicial functions.
6. Actions involving the contract of marriage and marital relations.
7. Civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Special Agrarian Courts as now provided by law.
8. Other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy, exceeds Two Million (P2,000,000,00) Pesos. *
Note: If the claim for damages is the main action, the amount thereof shall be considered in determining the jurisdiction of the court.
Other Cases:
a. Actions for recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or modification of an arbitral award, and any application with a court for arbitration assistance and supervision.
b. Action for determination of just compensation to land under the CARL
69
RTC Original and Concurrent
a. With the Supreme Court
Actions affecting ambassadors and other public ministers and consuls.
b. With the SC and CA
i. Issuance of Writs of Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus, and Injunction which may be enforced in any part of their respective regions.
ii. Petition for the Issuance of Writ of Continuing Mandamus in environmental cases.
c. With the SC, CA and Sandiganbayan
i. Petition for Writ of Amparo
ii. Petition for Writ of Habeas Data
70
RTC Appellate Jurisdiction
Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial jurisdiction.
71
RTC Special Jurisdiction
The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the SC may determine in the interest of a speedy and efficient administration of justice.
72
FAMILY COURTS Original and Exclusive Jurisdiction
1. Criminal cases where one or more of the accused is 15 to less than 18 years old, or where one or more of the victims is a minor at the time of the commission of the offense.
2. Petitions for Guardianship, Custody of Children, Habeas Corpus in relation to the latter.
3. Petition for Adoption of Children or Revocation thereof.
4. Complaints for Annulment of Marriage, Declaration of Nullity of Marriage and those relating to marital status and property relations of husband and wife, or those living with together under different status and agreements, and petitions for dissolution of conjugal partnership or gains.
5. Petitions for Support and/or acknowledgment.
6. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines.
7. Petitions for Declaration of Status of Children as Abandoned Dependent, or Neglected Children; the suspension, termination, or restoration of parental authority and other cases cognizable under the Child and Youth Welfare Code, Authorizing the DSWD to take protective custody of child prostitutes and sexually exploited children, and for other purposes.
8. Petitions for Constitution of the Family Home.
9. Cases against minors cognizable under R.A. 9165.
10. Violations of the Child Abuse Law.
11. Cases of Domestic Violence against Women and Children.
73
ACTIONS INCAPABLE OF PECUNIARY ESTIMATION
"cannot be expressed in terms of money."
Examples:
1. Specific Performance
2. Support
3. Foreclosure of Mortgage
4. Annulment of Judgment
5. Action questioning the validity of a mortgage
6. Annulment of Deed of Sale or Conveyance
7. Rescission of Contract
8. Declaratory Relief
74
A complaint filed with the RTC for declaration of nullity and partition. It was alleged that a deed of partition was executed by the respondents who later divided the properties among themselves to the exclusion of the petitioners who are also heirs.
Respondents filed a motion to dismiss on the ground of lack of jurisdiction as the total assessed value of the land subject matter of the case was only P 5,000.00 which, under BP 129 as amended by RA 7691, falls within the jurisdiction of the MTC.
I: W/N the RTC has jurisdiction over the case.
Yes. The action is incapable of pecuniary estimation.
In determining whether an action is one the subject matter of which is incapable of pecuniary estimation, this Court has adopted the criterion of ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim.
The main purpose of the petitioners in filing the complaint is to declare null and void the document in question. While the complaint also prays for the partition of the property, this is just incidental to the main action.
75
What if there are two (2) causes of action? For example, an action for declaration of nullity and partition where the value of the property is at P5,000.00?
Determine the principal action or remedy being sought.
76
What if the two or more causes of action are in the alternative?
Rule 2 provides that: "A party 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 following conditions: xxx (c) where the causes of action are between the same parties but pertain to different venues or jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the said court and the venue lies therein.”
77
CASES FALLING WITHIN THE COURT OF AGRARIAN RELATIONS
Court of Agrarian Relations - formerly handled cases involving tenancy, agricultural leasehold agreements, agricultural lands, etc. These cases are now transferred to the DAR under the CARL (RA 6657)
78
Agrarian Cases left to the Jurisdiction of the RTC:
a. Payment of just compensation of properties taken under the CARL; and
b. Prosecution of criminal offenses for violation of the CARL,
79
JURISDICTION OF THE DARAB
For the DARAB to have jurisdiction over a case, there must exist a tenancy relationship between the parties:
In order for a tenancy agreement to take hold over a dispute, it would be essential to establish all its indispensable elements, to wit:
a. That the parties are the landowner and the tenant or agricultural lessee.
b. That the subject matter of the relationship is an agricultural land.
c. That there is consent between the parties to the relationship.
d. That the purpose of the relationship is to bring about agricultural production.
e. That there is personal cultivation on the part of the tenant or agricultural lessee.
f. That the harvest is shared between the landowner and the tenant or agricultural lessee.
80
An action for damages arising from a case of reckless imprudence resulting to homicide. Petitioner argued that the amount claimed by the respondents is within the jurisdiction of the MTC. According to the petitioner, in order to determine the jurisdictional amount, the following should be considered: P22,250 for funeral services, P45,000 for the burial lot, P15,150 for interment and lapida, P8,066 for hospitalization and transportation, P28, 540 for food and drinks during the wake, and P60,000 indemnity for the death of Soriano. She maintains that the sum of P179,006
is below the jurisdictional amount of the RTC. Petitioner claims that the other amounts claimed such as P200,000 for moral damages, P500,000 for lost income, P50,000 exemplary damages and P25,000 attorney's fees plus P500 per court appearance be excluded.
W/N the RTC has jurisdiction,
The RTC has jurisdiction. Actions for damages based on quasi-delicts, as in this case, are primarily and effectively actions for the recovery of a sum of money for the damages for the tortious acts committed. In this case, respondents’ claim of P926,006 in damages and P25,000 attorney’s fees plus P500 per court appearance represents the monetary equivalent for compensation of the alleged injury. These money claims are the principal reliefs sought by the respondents in their complaint for damages.
The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount under BP Blg. 129, as amended, applies to cases where damages are merely incidental to or a consequence of the main action. However, in cases where the claim for damages is the main action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.
81
A boarded a passenger bus which met an accident. He sustained injuries and is claiming for damages or breach of contract of carriage amounting to P5,000,000.00. Where will he file his case?
RTC because the claim exceeded P2,000,000.00.
82
X fled a case against Y to recover a piece of land worth P 100,000. X likewise sought for damages in the amount of P3,000,000. Where will he file the case?
MTC. The claim for damages is merely incidental to the main action for recovery of land.
83
Petitioners assailed Resolution No. 105 which was issued by the PRC prohibiting CPA examinees to attend review classes and conferences because of reported leakages. Petitioners sought for an injunction and declaration of the resolution as unconstitutional before the RTC. PRC moved to dismiss the case for lack of jurisdiction as the case should be fled with the Court of Appeals. Who has jurisdiction?
Jurisdiction is with the RTC. The assailed resolution of the PRC was issued pursuant to its purely administrative function. It was a measure to preserve the integrity of licensure examination.
The authority of the CA to review resolutions of all quasi-judicial bodies pursuant to law does not cover rules and regulations of general applicability issued by administrative body to implement its purely administrative policies and functions like Resolution No. 105.
Jurisdiction of RTC falls under Par. 1 (incapable of pecuniary estimation) or Par. 6 (not within the jurisdiction of any court, tribunal or body exercising judicial or quasj-judicial functions.)
Note: Under E.O. 172, disputes between an operator or dealer and an oil company regarding dealership agreements shall be under the jurisdiction of the Energy Regulatory Board (ERB)
84
how to determine whether a case involves an intra-corporate controversy to be heard and decided by the RTC
To determine whether a case involves an intra-corporate controversy to be heard and decided by the RTC, two (2) elements must concur. (a) the status or relationship of the parties and (b) the nature of the question that is subject matter of their controversy.
The first element requires that the controversy must arise out of intra-corporate or partnership relations (a) between any or all of the parties and the corporation, partnership or association of which they are stockholders, members or associates, (b) between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, and (c) between such corporation, partnership or associate and the State insofar as it concerns their individual franchises.
The second element requires that the dispute among the parties be intrinsically connected with the regulation of the corporation. If the nature of the controversy involves matters that are purely civil in character, necessarily, the cases does not involve an intra-corporate controversy.
85
EXCLUSIVE ORIGINAL JURISDICTION OF MTC
Civil Cases
1. 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 of demand does not exceed Two Million (P 2,000,000.00) Pesos, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged.
2. Actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or any interest therein does not exceed Four Hundred Thousand " (P 400,000.0) Pesos exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots.
3. In admiralty and maritime actions where the demand or claim does not exceed Two Million (P 2,000,000.00) Pesos.
4. Forcible entry and unlawful detainer regardless of the value of the property involved.*
5. Inclusion and exclusion of voters
Rule: Where there are several claims or causes of action between the same or different parties, embodies in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action irrespective of whether the causes of action arose out of the same or different transactions.
Rule: Interest, damages of whatever kind, attorney's fees must be specifically alleged. They shall likewise be included in the determination of filing fees.
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DELEGATED JURISDICTION OF MTC
Cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One Hundred Thousand (P 100,000.00) Pesos, such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property.
Note: These cases are assigned and not automatically designated.
Note: Judgments of MTCs in these cases are appealable to the CA.
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SPECIAL JURISDICTION OF MTC
In the absence of all RTC judges in a province or city:
a. Hear and decide petitions for writ of habeas corpus
b. Hear and decide applications for bail in criminal cases.
Note: Authorization from the SC no longer required.
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COMMENCEMENT OF AN ACTION
It is commenced by the filing of the original complaint in court (Rule 1, Section 5).
It can be instituted by the filing of the complaint by:
a. Personal filing
b. Registered mail
c. Accredited courier
d. Electronic mail
e. Other electronic means as may be authorized by the Court. (Sec. 3 in relation to Sec.14 [a], Rule 13)
