CIVIL PROCEDURE

MAY 28, 2017

Sabitsana vs Mortegi & Malana vs Tapa

Quieting of title is always with the RTC

Fareast Bank vs Shembert & Ruby Shelter Case

Ultimate relief REAL ACTIONS = Title to, possession of real property or any interest therein!

If the assessed value is not stated in the complaint = DISMISS because there is no way for the judge to
determine if the court has jurisdiction.

MTC also has jurisdiction on liquidated damages, enforcement of barangay amicable settlement.

Is there an ordinary civil action in the CA? NONE!

COA is with the Trial Courts.

CA Original Cases: Quo warranto habeas corpus writ of amparo writ of habeas data AMLA Original
Cases CA

OCA in the CA NONE!! Every OCA has a COA thus it must be filed before the Trial Courts. The CA does
not entertain OCA.

CA has original cases/jurisdiction CPM, Amparo, data HC etc

Appellate jurisdiction appellate court will acquire jurisdiction under the following circumstances.

1. File appeal within reglementary period

2. pay docket fees within the proper reglementary period.

Jurisdiction of the SC Rule 56 sec 1 but not limited to these. Plus Constitution

Original Juris can only be filed originally in that court and exclusively in that court.

Concurrent Jurisdiction respect the hierarchy of courts

Rule 9 Sec 1

Summary Procedure can you file a motion to dismiss on the ground of lack of subject matter
jurisdiction? GR: MTD prohibited pldg except lack of juris over subj matter or failure to refer case to brgy
conciliation.

Small Claims there is no exception! So MTD is a prohibited pleading.

Special jurisdiction- exercise of jurisdiction.

Examples: family court, SCC, IP Court, Drugs Court, Envi Court

These courts have their general and original Juris except that there is a law that further gives the RTC
special juris. Law that allows SC to appoint special courts.
Jurisdiction over person of the Plaintiff

Rule 1 Sec. 5 File an action to commence the action.

Filing Fees

Manchester Case

Rule 141; intent to defraud the government dismissed with intent to defraud. amendment
Body and prayer not same

Sun Insurance Case

Intent to defraud = Manchester case

But if there was no intent to defraud the government. Pero kulang yung bayad because plaintiff
relied in good faith on the assessment of the clerk. Rivera vs Del Rosario
Where there is deficiency without intention to defraud the government; you will be required to
pay within the reglementary period or prescriptive period.
Prescriptive period- period to enforce your claim.
Reglementary period ex. Period to appeal payment of docket fees. Ex. Pay filing fees for a
permissive counterclaim.

Are you to pay filing fees for a compulsory counterclaim? Rule 141 Sec. 7

Sun Insurance case said that you are to pay filing fees for a permissive counterclaim but no mention on
compulsory counterclaim because the case was before amendment of rule 141 in 2004.

SC: Agreed to IBP of suspension of Rule 141. However because of the Korean Technology case saying
that Rule 141 is express! Only for permissive counterclaim

SC clarified in 2009 no required filing fees for a compulsory counterclaim even if it is in Rule 141 Sec. 7.

Lien on the Judgment award

Instances:
1. When the court awards something that is not claimed.
2. If the interest has accrued during the pendency of the case (PROTONS FILIPINAS case)

Dual Metals Case vs Security Bank

Filing fees for a supplemental complaint so that the court will acquire jurisdiction? YES!
If not paid, court can only award on the original complaint.

Unicapital vs Consing

Metered claim for damages.

 SC: Lien on the judgment award if ever it is awarded

Rule 141 if incapable of pecuniary estimation filing fee is a fixed amount.

Mijares vs Ranada Incapable of pecuniary estimation

Enforcement of Foreign Judgment - RTC

Claims of estate other than by a judgment (Sec. 7 Rule 141)
SC: those other claims arising from a property they were still required to pay a fixed amount

Algura vs. Local Government of Naga Indigent Litigants

If someone claims that he is an Indigent, RULE: Rule 141 Sec. 19 Indigent is someone (a) whose
gross income and that of their immediate family do not exceed an amount double the monthly
minimum wage of an employee and (b) who do not own real property with a Fair market value
as stated in the current tax declaration of more than 300,000
Rule 3, Sec. 21: INDIGENCY TEST - the court upon ex parte application and hearing the party
has no money or property sufficient and available for food, shelter and basic necessities for
himself and his family. (Discretion of the court). Exempt from payment of docket and other
lawful fees and TSN.

Q: Filing fee for writ of amparo

A: None!

Q: Filing fee for writ of habeas data?

A: Yes except indigents

Q: Filing fees for small claims cases?

A: Claims exceeding 5 claims at a single instance 500php per claim
Exceeding 10 - +100 = 600 per claim
Exceeding 15 - +100 = 700 per claim

Jurisdiction over Person of the Defendant

How? 1. Proper service of summons 2. Voluntary Appearance
Dy vs. Bibat Palamos Exception to the rule of hierarchy of courts
Spouses obtained a loan with vessel as collateral.
Final executory Judgment is immutable and unalterable
Except if Judgment is null and void, if there are clerical errors; nunc pro tunc judgment
From RTC they went directly to the SC.
Instances when the court is allowed a direct resort to the SC from a finding of the RTC when:
(1) dictated by the public welfare and the advancement of public policy;
(2) when demanded by the broader interest of justice;
(3) the challenged orders were patent nullities; or
(4) when analogous exceptional and compelling circumstances called for and justified the immediate
and direct handling of the case.
Primary Jurisdiction
Nisperos vs Ducusin
Umakyat sa court na dapat nafile sa DARAB -> Secretary pero dumeretso sa CA
Court will not dismiss but refer it to agency with primary jurisdiction

March 2017 Chua vs Alliance Select Foods

Refusal to hold a Stockholders meeting
They were required to pay for the calling of the meeting; defendants allege that they should
have paid more since they have high amount of stocks. RTC dismissed for failure to pay correct
filing fees intended to defraud govt
It is incapable of pecuniary estimation! Fixed amount dapat! Grabe lungs si RTC Judge
The oft repeated case of Lu vs Lu Ym (Sr) that every intra-corporate dispute is a property in
litigation but that case is only an OBITER DICTUM!
SC: not all intra-corporate disputes have a property in litigation.

ACTIONS
Civil actions are divided into ordinary and special actions.
OCA (Every OCA has a COA) vs. SCA (not covered by COA; requires no breach except Unlawful detainer
where there is a COA)

Macaslang vs Zamora
In unlawful detainer case, there is a COA
When lessee violates the lease contract and refuses to comply and vacate

CIVIL ACTION
It is necessary for an enforcement or protection of a right or a prevention or redress of a wrong.

CRIMINAL ACTION
When the information is filed in court and the state is ready to prosecute.

Q: Can the office of the Prosecutor conditionally examine a witness prior to prosecution?
A: Rule 119 Sec. 12, 13, 15 a conditional examination can only apply if the case/information is already
in Court!
Ex. Espinosa already executed an affidavit prior to the filing of an information. He was killed so that his
affidavit will not be admitted in evidence.

MAY 28 Part 2
+++Continuation from notes