Part 1

Question 1

Efficient Paper Rule

Answer 1

In promulgating the Rule, the Court noted that there is a need to cut the judicial system’s use of excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing.

under Chief Justice Maria Lourdes P. A. Sereno (2012 tapos 2013 nagtake effect)

Question 2

Format as per Efficient Paper Rule

Answer 2

single space with a one-and-a-half space between paragraphs, using an easily readable font style of the party’s choice, of 14-size font, and on a 13-inch by 8.5-inch white bond paper

a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin of one inch from the edge; and a lower margin of one inch from the edge. Every page must be consecutively numbered

Question 3

Coverage of the Efficient Paper Rule

Answer 3

all pleadings, motions, and similar papers intended for the consideration of all courts and quasi-judicial bodies under the supervision of the Supreme Court

All decisions, resolutions, and orders issued by courts and quasi-judicial bodies under the administrative supervision of the High Tribunal, as well as reports submitted to the courts and transcripts of stenographic notes

Question 4

of copies to be submitted in SC

Answer 4

one original (properly marked) and four copies, unless the case is referred to the Court En Banc, in which event, the parties shall file 10 additional copies.

For the En Banc, the parties need to submit only two sets of annexes, one attached to the original and one extra copy. For the Division, the parties need to submit also two sets of annexes, one attached to the original, as well as an extra copy. All members of the Court shall share the extra copies of annexes in the interest of economy of paper.

Question 5

of copies to be submitted to CA and Sandiganbayan

Answer 5

one original (properly marked) and two copies with their annexes

Question 6

of copies to be submitted to CTA

Answer 6

one original (properly marked) and two copies with annexes, and on appeal to the En Banc, one original (properly marked) and eight copies with annexes

Question 7

of copies to be submitted to trial courts

Answer 7

one original (properly marked) with the stated annexes attached to it

Question 8

Also, a party required by the rules to serve a copy of his or her court-bound paper on the adverse party need not enclose copies of those annexes that, based on the records of the court, show said party already has such. In the event a party requests a set of the annexes actually filed with the court, the party who filed the paper shall comply with the request within five days from receipt of such.

Answer 8

Ok.

Question 9

Purpose of 2004 Rules on Notarial Practice

Answer 9

a. to promote, serve, and protect public interest
b. to simplify, clarify, and modernize the rules governing notaries public
c. to foster ethical conduct among notaries public

Question 10

Acknowledgement

Answer 10

Refers to an act in which an individual on a single occasion:

a. appears in person before the notary public and presents an integrally complete instrument or document
b. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity

Question 11

Affirmation or Oath

Answer 11

Refers to an act in which an individual on a single occasion:

a. appears in person before the notary public
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. avows under penalty of law to the whole truth of the contents of the instrument or document

Question 12

Commission

Answer 12

Grant of authority to perform notarial acts and to the written evidence of the authority

Question 13

Copy Certification

Answer 13

Refers to a notarial act in which a notary public:

a. is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable
b. copies or supervises the copying of the instrument or document
c. compares the instrument or document with the copy
d. determines that the copy is accurate and complete

Question 14

Notarial Register

Answer 14

A permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public

Question 15

Jurat

Answer 15

Refers to an act in which an individual on a single occasion:

a. appears in person before the notary public and presents an instrument or document
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. signs the instrument or document in the presence of the notary
d. takes an oath or affirmation before the notary public as to such instrument or document

Question 16

Notarial Act or Notarization

Answer 16

Any act that a notary public is empowered to perform under these Rules

Question 17

Notarial Certificate

Answer 17

The part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules

Question 18

Notary Public or Notary

Answer 18

Any person commissioned to perform official acts under these Rules

Question 19

Principal

Answer 19

A person appearing before the notary public whose act is the subject of notarization

Question 20

Regular Place of Work or Business

Answer 20

A stationary office in the city or province wherein the notary public renders legal and notarial services

Question 21

Competent Evidence of Identity

Answer 21

Refers to the identification of an individual based on

a. at least 1 current identification document issued by an official agency bearing the photograph and signature of the individual
b. the oath or affirmation of 1 credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification

Question 22

Official Seal or Seal

Answer 22

A device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules

Question 23

Signature Witnessing

Answer 23

Refers to a notarial act in which an individual on a single occasion:

a. appears in person before the notary public and presents an instrument or document
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. signs the instrument or document in the presence of the notary public

Question 24

Petitioner

Answer 24

A person who applies for a notarial commission

Question 25

Court

Answer 25

Supreme Court of the Philippines

Question 26

Office of the Court Administrator

Answer 26

The Office of the Court Administrator of the Supreme Court

Question 27

Executive Judge

Answer 27

The Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission

Question 28

Vendor

Answer 28

A seller of a notarial seal and shall include a wholesaler or retailer

Question 29

Manufacturer

Answer 29

One who produces a notarial seal and shall include an engraver and seal maker

Question 30

Qualifications for Commissioning as Notary Public

Answer 30

1. must be a citizen of the Philippines
2. must be over 21 years of age
3. must be a resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued
4. must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines
5. must not have been convicted in the first instance of any crime involving moral turpitude

Question 31

Form of the Petition and Supporting Documents

Answer 31

Every petition for a notarial commission shall be in writing, verified, and shall include the following:

a. a statement containing the petitioner’s personal qualifications, including the petitioner’s date of birth, residence, telephone number, professional tax receipt, roll of attorney’s number and IBP membership number
b. certification of good moral character of the petitioner by at least 2 executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission
c. proof of payment for the filing of the petition as required by these Rules
d. 3 passport-size color photographs with light background taken within 30 days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs

Question 32

Summary Hearing on the Petition

Answer 32

The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:

a. the petition is sufficient in form and substance
b. the petitioner proves the allegations contained in the petition
c. the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.

Question 33

Notice of Summary Hearing

Answer 33

a. the notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner.
b. the notice shall be substantial in form

Question 34

Opposition to Petition

Answer 34

The opposition must be received by the Executive Judge before the date of the summary hearing.

Question 35

Period of Validity of Certificate of Authorization to Purchase a Notarial Seal

Answer 35

The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of 3 months from date of issue, unless extended by the Executive Judge.

Question 36

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use. T or F.

Answer 36

True.

Question 37

Every person commissioned as notary public may have more than one official seal of office in accordance with these Rules. T or F.

Answer 37

False. ONLY ONE.

Question 38

Jurisdiction and Term

Answer 38

A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of 2 years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

Question 39

Register of Notaries Public

Answer 39

The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records.

Question 40

Renewal of Commission

Answer 40

A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the expiration thereof.

A mark, image or impression of the seal of the notary public shall be attached to the application. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules.

The Executive Judge shall, upon payment of the application fee, act on an application for the renewal of a commission within 30 days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.

Question 41

Powers of Notary Public

Answer 41

A notary public is empowered to perform the following notarial acts:

1. acknowledgments
2. oaths and affirmations
3. jurats
4. signature witnessings
5. copy certifications
6. any other act authorized by these Rules

Question 42

A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:

Answer 42

1. the thumb or other mark is affixed in the presence of the notary public and of 2 disinterested and unaffected witnesses to the instrument or document
2. both witnesses sign their own names in addition to the thumb or other mark
3. the notary public writes below the thumb or other mark: “Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public”
4. the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing

Question 43

A notary public is authorized to sign-on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:

Answer 43

1. the notary public is directed by the person unable to sign or make a mark to sign on his behalf
2. the signature of the notary public is affixed in the presence of 2 disinterested and unaffected witnesses to the instrument or document
3. both witnesses sign their own names
4. the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and 2 witnesses
5. the notary public notarizes his signature by acknowledgment or jurat

Question 44

A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:

Answer 44

1. public offices, convention halls, and similar places where oaths of office may be administered
2. public function areas in hotels and similar places for the signing of instruments or documents requiring notarization
3. hospitals and other medical institutions where a party to an instrument or document is confined for treatment
4. any place where a party to an instrument or document requiring notarization is under detention

Question 45

A person shall not perform a notarial act if the Person involved as signatory to the instrument or document–

Answer 45

1. is not in the notary’s presence personally at the time of the notarization
2. is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules

Question 46

A notary public is disqualified from performing a notarial act if he:

Answer 46

a. is a party to the instrument or document that is to be notarized
b. will receive, as a direct or indirect result, any commission, fee, advantage, right title, interest, cash, property, or other consideration, except as provided by these Rules and by law
c. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree

Question 47

A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

Answer 47

a. the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral
b. the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act
c. in the notary’s judgment, the signatory is not acting of his or her own free will

Question 48

False or Incomplete Certification. A notary public shall not:

Answer 48

a. execute a certificate containing information known or believed by the notary to be false
b. affix an official signature or seal on a notarial certificate that is incomplete

Question 49

Improper Instruments or Documents. A notary public shall not notarize:

Answer 49

a. a blank or incomplete instrument or document; or

b. an instrument or document without appropriate notarial certification

Question 50

A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part.

Answer 50

Oki.

Question 51

Entries in the Notarial Register

Answer 51

1. entry number and page number
2. date and time of day of the notarial act
3. type of notarial act
4. title or description of the instrument, document or proceeding
5. name and address of each principal
6. competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary
7. name and address of each credible witness swearing to or affirming the person’s identity
8. fee charged for the notarial act
9. address where the notarization was performed if not in the notary’s regular place of work or business
10. any other circumstance the notary public may deem of significance or relevance

Question 52

Official Signature. - In notarizing a paper instrument or

document, a notary public shall:

Answer 52

a. sign by hand on the notarial certificate only the name indicated and as appearing on the notary’s commission
b. not sign using a facsimile stamp or printing device
c. affix his official signature only at the time the notarial act is performed

Question 53

The Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who:

Answer 53

1. fails to keep a notarial register
2. fails to make the proper entry or entries in his notarial register concerning his notarial acts
3. fails to send the copy of the entries to the Executive Judge within the first 10 days of the month following
4. fails to affix to acknowledgments the date of expiration of his commission
5. fails to submit his notarial register, when filled, to the
   Executive Judge
6. fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge
7. fails to require the presence of a principal at the time of the notarial act
8. fails to identify a principal on the basis of personal
   knowledge or competent evidence
9. executes a false or incomplete certificate under Section 5, Rule IV
10. knowingly performs or fails to perform any other act
    prohibited or mandated by these Rules
11. commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction

Question 54

Punishable Acts. - The Executive. Judge shall cause the prosecution of any person who:

Answer 54

a. knowingly acts or otherwise impersonates a notary public
b. knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public
c. knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct

Question 55

Pleadings

Answer 55

Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Question 56

Kinds of pleadings

Answer 56

1. complaint
2. counterclaim
3. cross-claim
4. third (fourth, etc).-party complaint
5. complaint-in-intervention

Question 57

The defenses of a party are alleged where?

Answer 57

In the answer to the pleading

An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.

Question 58

Complaint

Answer 58

The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

Question 59

Answer

Answer 59

An answer is a pleading in which a defending party sets forth his or her defenses.

Question 60

Defenses

Answer 60

Defenses may either be negative or affirmative.

a. negative: the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action
b. affirmative: an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.

Question 61

Counterclaim

Answer 61

A counterclaim is any claim which a defending party may have against an opposing party.

Question 62

Compulsory counterclaim

Answer 62

A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules.

Question 63

Cross-claim

Answer 63

A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim.

Question 64

A counterclaim may be asserted against an original counter-claimant. T or F.

Answer 64

True.

Question 65

A cross-claim may also be filed against an original cross-claimant. T or F.

Answer 65

True.

Question 66

Reply

Answer 66

A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.

All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.

Question 67

Third, (fourth, etc.)-party complaint

Answer 67

A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party defendant for contribution, indemnity, subrogation or any other relief, in respect of his or her opponent’s claim.

Question 68

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where:

Answer 68

a. the third (fourth, etc.)-party defendant cannot be located within 30 calendar days from the grant of such leave
b. matters extraneous to the issue in the principal case are raised

c the effect would be to introduce a new and separate controversy into the action

Question 69

Applicability of Rules on Summary Procedure

Answer 69

A. Civil Cases

1. all cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed P20,000
2. all other civil cases, except probate proceedings, where the total amount of the plaintiff’s claim does not exceed P10,000 exclusive of interest and costs

B. Criminal Cases

1. violations of traffic laws, rules and regulations
2. violations of the rental law
3. violations of municipal or city ordinances
4. all other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding P1,000.00, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed P10,000.

This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.

Question 70

The Rules on Summary Procedure may apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. T or F.

Answer 70

False.

Question 71

A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action. T or F.

Answer 71

True.

Question 72

Pleadings allowed in civil cases under the Rules on Summary Procedure

Answer 72

1. complaints
2. compulsory counterclaims
3. cross-claims’ pleaded in the answer, and the answers thereto

Question 73

Rules on Summary Procedure: Answer

Within _____ from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within _____ from service of the answer in which they are pleaded.

Answer 73

10 days

Question 74

Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule.

What happens in a pre-trial ba?

Answer 74

In pre-trial, there are certain matters taken up:

1. possibility of settlement (if there is a civil aspect)
2. plea bargaining
3. referral to mediation (if mediatable)
4. proposal to admission from both parties
5. marking of exhibits a-z for prosecution and numbers for the defense
6. names and addresses of the witnesses
7. trial dates for prosecution and defense

If the accused pleads not guilty, he may plea bargain or plead to a lesser offense if allowable. After an accused pleas guilty, under the continuous trial, trial shall proceed immediately.

Question 75

Effect of failure to appear in the preliminary conference

Answer 75

The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed.

Question 76

Jurisdictional Amount for Small Claims Cases

Answer 76

where the value of the claim does not exceed P200,000 exclusive of interest and costs

Question 77

Objectives of Rules of Procedure for Small Claims Cases

Answer 77

a. to protect and advance the constitutional right of persons to a speedy disposition of their cases
b. to provide a simplified and inexpensive procedure for the disposition of small claims cases
c. to introduce innovations and best practices for the benefit of the underprivileged

Question 78

Applicability of Small Claims Cases Rule

Answer 78

The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions that 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:

(a) For money owed under any of the following:

1. Contract of Lease
2. Contract of Loan
3. Contract of Services
4. Contract of Sale
5. Contract of Mortgage

(b) For liquidated damages arising from contracts
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as The Local Government Code of 1991.

Question 79

Prohibited Pleadings and Motions under Small Claims Cases Rule

Answer 79

The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:

a. Motion to dismiss the Statement of Claim/s
b. Motion for a bill of particulars
c. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial
d. Petition for relief from judgment
e. Motion for extension of time to file pleadings, affidavits, or any other paper
f. Memoranda
g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court
h. Motion to declare the defendant in default
i. Dilatory motions for postponement
j. Reply and rejoinder
k. Third-party complaints
l. Interventions

Question 80

Jurisdiction

Answer 80

It is the power and authority of the court to hear, try and decide a case, and to execute its decision.

Question 81

Jurisdiction is the power of the judge. T or F.

Answer 81

False. It is the authority of the court, not the judge.

Question 82

Aspects or classes of jurisdiction

Answer 82

a. jurisdiction over the subject matter
b. jurisdiction over the parties
c. jurisdiction over the issues of the case; and
d. jurisdiction over the res or thing involved in the litigation

Question 83

Can a court refer a case to another court if the case is not within its jurisdiction?

Answer 83

No. The court may only dismiss the case.

Question 84

The amount awarded does not determine jurisdiction. T or F.

Answer 84

True.

Question 85

Who has jurisdiction over agrarian reform cases?

Answer 85

Department of Agrarian Reform (more specifically the Department of Agrarian Reform Adjudicatory Board)

Sec. 50 of RA 6657

Question 86

Who has jurisdiction over money claims against government agencies and instrumentalities?

Answer 86

Commission on Audit

Commonwealth Act No. 327, as amended by Sec. 26 of PD 1445

Question 87

Who has jurisdiction on determining which bid for a waterworks project is compatible with its development plan?

Answer 87

MWSS

Question 88

Who handles cases involving the employment status of employees?

Answer 88

Civil Service Commission

Question 89

Who determines factual issues in labor situations?

Answer 89

Mediator-Arbiter and the Department of Labor and Employment

Question 90

Who primarily handles disputes regarding the validity of circulars implementing the GSIS law?

Answer 90

GSIS Board

Question 91

Jurisdiction may be raised even after final judgment. T or F.

Answer 91

True.

Question 92

Jurisdiction of the Supreme Court

Answer 92

1. generally questions of law. questions of fact are not entertained
2. can refer an appeal to the Court of Appeals if the certiorari submits issues of fact
3. when the findings of facts of the trial court and the reviewing court are conflicting, factual issues may be resolved by the SC
4. when the findings of the court below are grounded entirely on speculation, surmises or conjectures, SC may also resolve factual issues

Question 93

Original exclusive jurisdiction of the SC

Answer 93

In petitions for certiorari, prohibition, and mandamus against the

a. Court of Appeals
b. Commission on Elections
c. Commission on Audit
d. Sandiganbayan
e. Court of Tax Appeals

Question 94

Original concurrent jurisdiction of the SC

Answer 94

In petitions for certiorari, prohibition, and mandamus against the

a. Regional Trial Court
b. Civil Service Commission
c. Central Board of Assessment Appeals
d. National Labor Relations Commission
e. Other quasi-judicial agencies

f. with the Court of Appeals and the Regional Trial Court in petitions for certiorari, prohibition, and mandamus against lower courts and bodies, and in petitions for quo warranto and habeas corpus
g. with the Regional Trial Court in cases affecting ambassadors, public ministers, and consuls.

*subject to hierarchy of courts

Question 95

Appellate jurisdiction of the SC

Answer 95

By way of petition for review on certiorari against the

a. Court of Appeals
b. Sandiganbayan
c. Regional Trial Courts on pure questions of law and in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court
d. Court of Tax Appeals in its decisions rendered en banc

Question 96

Original cases cognizable by the SC

Answer 96

1. petition for certiorari
2. petition for prohibition
3. petition for mandamus
4. petition for quo warranto
5. petition for habeas corpus
   * #1-5 shall be in accordance with the applicable provisions of the Constitution and provisions of laws and the provisions of Rules 46, 48, 51 and 52
6. disciplinary proceedings against members of the judiciary and attorneys
7. cases affecting ambassadors, other public ministers, and consuls
8. petition for a writ of amparo
9. petition for a writ of habeas corpus

Question 97

Passing upon a factual issue is within the province of the Supreme Court. T or F.

Answer 97

False.

Findings of facts of the Court of Appeals are not generally reviewable by the SC.

Question 98

Jurisdiction of the Court of Appeals

Answer 98

1. exclusive original jurisdiction in actions for the annulment of the judgments of the RTC
2. concurrent and original jurisdiction with the SC to issue writs of certiorari, prohibition, and mandamus against a) RTC b) Civil Service Commission c) Central Board of Assessment Appeals d) other quasi-judicial agencies mentioned in Rule 43 and e) National Labor Relations Commission
3. exclusive appellate jurisdiction by way of ordinary appeal from the RTC and family courts
4. exclusive appellate jurisdiction by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction
5. exclusive appellate jurisdiction by way of petition for review from the decisions, resolution orders or awards of the Civil Service Commission, and other bodies mentioned in Rule 43.
6. appeal on decisions of the Office of the Ombudsman in administrative disciplinary cases
7. appellate jurisdiction over decisions of Municipal Trial Courts in cadastral or land registration cases pursuant to its delegated jurisdiction

Question 99

The original jurisdiction of the CA to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes may be exercised whether or not in aid of its appellate jurisdiction. T or F.

Answer 99

False.

Used to be allowed but previously, the CA could issue these writs only in aid of its appellate jurisdiction.

Question 100

Judgments and final orders of the Court of Tax Appeals are appealable by way of petition for review to the Court of Appeals. T or F.

Answer 100

False. Not anymore as per RA 9282

They are appealable to SC na but such decisions shall have been rendered by Court of Tax Appeals en banc.

Question 101

CA has the power to grant and conduct new trials or further proceedings. T or F.

Answer 101

True.

Sec. 9 of BP 129:

“x x x The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings x x x”

Question 102

Exclusive original jurisdiction of the RTC

Answer 102

1. All civil actions in which the subject of the litigation is incapable of pecuniary estimation
2. All civil actions which involve title to, or possession of real property or an interest therein, where the assessed value of such property involved exceeds P20,000 outside Metro Manila, or for civil actions in Metro Manila where such value exceeds P50,000
   * **Excepted from the above rule are actions for forcible entry and unlawful detainer of land or buildings, exclusive original jurisdiction over which is conferred upon the MTC.
3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300,000 outside Metro Manila, or in Metro Manila, where such demand or claim exceeds P400,000.
4. All matters of probate, both testate and intestate, where the gross value of the estate exceeds P300,000 outside Metro Manila or, in probate matters in Metro Manila, where such gross value exceeds P400,000.
5. In all actions involving the contract of marriage and marital relations **in areas where there are no Family Courts
6. All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions
7. All civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court (subject to RA 8369, law establishing Family Courts) and of the Court of Agrarian Relations as now provided by law.
8. All other cases in which the demand or the value of the property in controversy exceeds P300,000 outside Metro Manila, or in Metro Manila where the demand exceeds P400,000, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.

Question 103

RTC’s concurrent original jurisdiction

Answer 103

1. with the Supreme Court in actions affecting ambassadors, other public ministers, and consuls
2. with the Supreme Court and the Court of Appeals in petitions for certiorari, prohibition, and mandamus against lower courts and bodies and in petitions for quo warranto and habeas corpus

Question 104

Appellate jurisdiction of RTC

Answer 104

1. over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions
2. The decisions of the Regional Trial Court in the exercise of its appellate jurisdiction shall be appealable by petition for review to the Court of Appeals. The appeal shall be given due course only when the petition shows prima facie that the lower court has committed an error of fact or law that would warrant a reversal or modification of the decision or judgment sought to be reviewed

Question 105

RTC’s special jurisdiction to try special cases

Answer 105

Certain branches of the Regional Trial Court may be designated by the Supreme Court to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban and land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.

Question 106

RTC’s jurisdiction over intra-corporate controversies

Answer 106

original and exclusive jurisdiction to hear and decide the following cases:

1. Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Commission.
2. Controversies arising out of intra-corporate or part-nership relations, between and among stockholders, members or associates; between any or all of them and the 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 right to exist as such entity.
3. Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations; and
4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.

Question 107

RTC has exclusive original jurisdiction over all civil actions in which the subject of the litigation is incapable of pecuniary estimation. What actions are incapable of pecuniary estimation?

Answer 107

Generally, if it is primarily for the recovery of a sum of money, it is capable of pecuniary estimation. Jurisdiction over the action would then depend upon the amount of the claim. Where the basic issue is something other than the right to recover a sum of money, or the money claim is merely incidental to the principal relief, the action is incapable of pecuniary estimation.

EXAMPLES OF ACTIONS INCAPABLE OF PECUNIARY ESTIMATION:

a. an action for reformation of an instrument, rescission of a contract or an action for specific performance
b. complaint for expopriation - does not involve recovery of money but deals with the exercise by the govt of its authority and right to take private property for public use
c. action seeking to annul a resolution of a government-owned and controlled corporation
d. an action to annul a Deed of Declaration of Heirs and for a partition of land with an assessed value of P5,000 WHERE the partition aspect is only incidental to the action for annulment
e. an action for the annulment of an extrajudicial foreclosure sale of real property with an assessed value of P50,000 located in Laguna
f. action for partition of a real property located in Taytay, Rizal and with an assessed value of P20,000 and in which the resolution involves the determination of hereditary rights
g. An action for specific performance to compel the defendant to execute a deed of conveyance covering a parcel of land with an assessed value of P19,000.00 (because the main issue is whether or not there is a right to compel specific performance)
h. action for writ of injunction

Question 108

Jurisdiction of the Family Courts

Answer 108

exclusive original jurisdiction over the ff civil cases:

1. petitions for guardianship, custody of children and habeas corpus involving children
2. petitions for adoption for children and the revocation thereof
3. 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
4. petitions for support and/or acknowledgment
5. summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the “Family Code of the Philippines”
6. petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cognizable under P.D. 603, E.O. 56 (series of 1986) and other related laws
7. petitions for the constitution of the family home
8. cases against minors cognizable under the Dangerous Drugs Act, as amended
9. violations of R.A. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
10. Cases of domestic violence against: a) women b) children
    * If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court

**In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the Regional Trial Court

Question 109

Exclusive original jurisdiction of MTC

Answer 109

1. over civil actions where the value of the personal property, estate or amount of the demand does not exceed P300,000 outside Metro Manila or not more than P400,000 within Metro Manila
2. over probate proceedings, testate and intestate, where the gross value of the estate does not exceed P300,000.00 outside Metro Manila or, P400,000.00 within Metro Manila
3. A petition for probate of a will involving an estate valued at P200,000.00 falls under the jurisdiction of the MTC
4. to grant provisional remedies in proper cases. This rule presupposes that the MTC has jurisdiction over the principal action
5. over forcible entry and unlawful detainer cases
6. over civil actions involving title to or possession of real property, or any interest therein, where the assessed value of the property or interest therein does not exceed P20,000 outside Metro Manila or P50,000 in Metro Manila. The amounts mentioned are exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs

Question 110

Jurisdictional amount in determining the MTC’s jurisdiction does not include the ff:
a. interest

b. damages of whatever kind** applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court
c. attorney’s fees
d. litigation expenses
e. costs

Answer 110

EDI WOW

Although excluded in determining the jurisdiction of the court, the above items however, shall be included in the determination of the filing fees

Question 111

MTC’s delegated jurisdiction

Answer 111

in cadastral and land registration cases covering lots where there is no controversy or opposition, or contested lots the value of which does not exceed P100,000.00, as may be delegated by the Supreme Court

Question 112

MTC’s special jurisdiction

Answer 112

to hear and decide petitions for a writ of habeas corpus in the absence of all the Regional Trial Court judges in the province or city

Question 113

The MTC has exclusive jurisdiction over cases falling under the 1991 Rules on Summary Procedure and the Rule of Procedure for Small Claims Cases. T or F.

Answer 113

True.

Question 114

Exclusive original jurisdiction of Sandiganbayan

Answer 114

A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the 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 (Republic Act No. 6758), specifically including:
   a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads:
   b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;
   c. Officials of the diplomatic service occupying the position of consul and higher;
   d. Philippine army and air force colonels, naval captains, and all officers of higher rank;
   e. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher;
   f. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
   g. 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 higher under the Compensation and Position Classification Act of 1989
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 the Compensation and Position Classification Act of 1989

B. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office.

C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

Question 115

Court of Tax Appeals’ exclusive appellate jurisdiction to review by appeal

Answer 115

1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue
2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction
4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs
5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals
6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Sec. 2315 of the Tariff and Customs Code
7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. 8800, where either party may appeal the decision to impose or not to impose said duties

Question 116

Court of Tax Appeals’ jurisdiction over tax collection cases

Answer 116

1. Exclusive original jurisdiction in 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 One million pesos (PI,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court, and Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection cases:
   a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction.
   b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, in their respective jurisdictions.

Question 117

Juridiction of quasi-judicial tribunals

Answer 117

RULE 43

Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals

Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (n)

Question 118

Exclusive original jurisdiction of Shari’a Courts

Answer 118

1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code
2. All cases involving disposition, distribution and settlement of the estate of the deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property
3. Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code
4. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations
5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction

Question 119

Concurrent jurisdiction of Shari’a District Courts

Answer 119

1. Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum
2. All other personal and real actions not mentioned in paragraph (d) of the immediately preceding topic, wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court;
3. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims

Question 120

Appellate jurisdiction of Shari’a District Courts

Answer 120

1. Shari’a District Courts shall have appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within their territorial jurisdiction.
2. The Shari’a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit

Question 121

Exclusive Original Jurisdiction of Shari’a Circuit Courts

Answer 121

1. All cases involving offenses defined and punished under this Code.
2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Art. 13 involving disputes relating to:
   a. marriage
   b. divorce recognized under the Code (PD 1083)
   c. betrothal or breach of contract to marry
   d. customary dower (mahr)
   e. disposition and distribution of property upon divorce
   f. maintenance and support, and consolatory gifts
   g. restitution of marital rights
3. All cases involving disputes relative to communal properties.

Question 122

Venue

Answer 122

The place of trial or geographical location in which an action or proceeding should be brought. In civil cases, venue is a matter of procedural law. While rules are provided as to where a civil case must be filed, the other party must object to an improper venue, otherwise, the objection is deemed waived and the court can proceed. This is because venue is simply a matter of convenience and not a matter of jurisdiction.

Question 123

Venue of real actions

Answer 123

Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.

Question 124

Venue of personal actions

Answer 124

All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

Question 125

Venue of actions against nonresidents

Answer 125

If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.

Question 126

Caption

Answer 126

The caption sets forth the name of the court, the title of the action, and the docket number if assigned.

The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated.

Question 127

Body

Answer 127

The body of the pleading sets forth its designation, the allegations of the party’s claims or defenses, the relief prayed for, and the date of the pleading.

a. Paragraphs: the allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings.
b. Headings: When 2 or more causes of action are joined, the statement of the first shall be prefaced by the words “first cause of action,’’ of the second by “second cause of action”, and so on for the others. When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words “answer to the first cause of action” or “answer to the second cause of action” and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect
c. Relief: The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable
d. Date

Question 128

Verification v. Certification

Answer 128

(1)

v: non-compliance or a defect therein does not necessarily render the pleading fatally defective. The court may order its submission, correction or act on the pleading depending on the attending circumstances
c: non-compliance or a defect therein, is generally not curable by its subsequent submission or correction thereof, unless there is a need to relax the Rule on the ground of “substantial compliance” or presence of “special circumstances or compelling reasons”

(2)

v: substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint signs the verification
c: must be signed by all the plaintiffs in a case; those who did not sign will be dropped as parties; under justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them substantially complies with the Rule

Question 129

Acknowledgement vs. Jurat

Answer 129

JURATS
A jurat is used when the signer is swearing to the content of the document. The notary must administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that the signer signs in the presence of the notary. It is possible to glean this information from the jurat certificate its self. The wording states “Subscribed and sworn to before me…” – subscribed meaning “signed” and sworn meaning that an oral oath or affirmation was given. “Before me” means that both were done in the presence of the notary public.

ACKNOWLEDGEMENTS
An acknowledgement is used to verify the identity of the signer and to confirm that they signed the document. They are not swearing to the truthfulness or validity of the document, they are simply acknowledging that they signed the document. For an acknowledgement in the state of California, a signer is not required to sign the document in the presence of the notary public, but they are required to personally appear in front of the notary to confirm their signature.

Question 130

Bill of Particulars

Answer 130

a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant’s formal request to the court for more detailed information