(4) The parties actually before the court are
sufficiently numerous and representative to
1. What are the limitations on the rule-making power of the
Supreme Court?
(1) simplified and inexpensive,
(2) uniform for all courts of the same grade, and
(3) shall not diminish, increase, or modify
substantive rights
2. In what cases are the Rules not applicable? (Section 4, Rule
1) (C-E-L-I-N-O)
(1) Cadastral
(2) Election Cases
(3) Land Registration
(4) Insolvency Proceedings
(5) Naturalization
(6) Other cases by analogy or in a suppletory
character and whenever practicable or convenient
3. What are the elements of a cause of action? (Right,
Obligation, Violation)
(1) Right of the plaintiff
(2) Corresponding obligation on the defendant
(3) Violation of the obligation by the defendant
4. What are the rules on joinder of causes of action? (Section
5, Rule 2 and Section 6, Rule 3)
Joinder of Causes of Action: A party may assert in one
pleading, in the alternative or otherwise,, as many causes of
action subject to the following: (J-S-S-M) Jessy Mendiola
(1) Shall comply with the rules on joinder of
parties
(2) Shall not include special civil actions or
actions governed by special laws
(3) When between same parties but different
venues or jurisdictions, the joinder may be
allowed in the RTC provided that one of the
causes of action falls within its jurisdiction
and the venue lies therein
(4) When the claims are principally for
recovery of money, the aggregate amount
claimed shall be used as the test for
jurisdiction.
5. What is a class suit? What are its requisites? (Section 12,
Rule 3)
A class suit is an action where one or more may sue for the
benefit of all if the requisites for said action are complied
with.
When the subject matter of the controversy is one of common
interest to many persons so numerous that it is impractical to
join all as parties. Requisites: (B-I-N-S)
(1) Filed for the benefit of all
(2) Subject matter of the controversy must be
of Common and general interest to many
persons
(3) The parties are so numerous that it would
be impracticable to join all the parties
full protect the interests of all concerned
6. What is the duty of counsel when a party to a pending
action dies, and the claim is not extinguished? (Section 16,
Rule 3)
Inform the court within 30 days of the death, and to
give the name and address of his legal representative.
Failure to do this is ground for disciplinary action.
Heirs may be allowed to substitute the deceased
even without appointment of an executor.
The court shall order for the representative to
appear within 30 days from notice.
If the representative does not appear, the court may
require the opposing party to procure the appointment of an
executor.
7. When would the death of a party in a pending action
extinguish the claim? (when rights and obligations are
intransmissible (1) by law, (2) by stipulation, or (3) are
purely personal) (P-L-S)
(1) Purely Personal
(2) Law
(3) Stipulation
8. Rule 4.
Section 1. Venue of real actions.
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.
Sec. 2. Venue of personal actions.
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.
Sec. 3. Venue of actions against non-residents.
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.
Sec. 4. When Rule not applicable.
This Rule shall not apply:
(a) In those cases where a specific rule or law provides
otherwise; or
(b) Where the parties have validly agreed in writing before
the filing of the action on the exclusive venue thereof.
9. What are the pleadings allowed under the Rules of Court?
(Section 2, Rule 6)
(1) Complaint
 (2) Counter-claim
(3) Cross-claim
(3) 3rd Party Complaint
(4) Complaint In intervention
10. When is a counterclaim compulsory? (Section 7, Rule 6)
(C-C-3-J)
(1) Cognizable by the courts of justice
(2) Arises out or is connected with the transaction
constituting the opposing party’s claim
(3) Does not require for its adjudication the
presence of 3rd parties of whom the court cannot acquire
jurisdiction
(4) Counterclaim must be within the jurisdiction of
the court
11. What are the prohibited pleadings under the Rule on
Summary Procedure? (Page 34 of CIVIL PROCEDURE BAR
REVIEW GUIDE UPDATED 2017.pdf)
Sec. 19. Prohibited pleadings and motions. — The following
pleadings, motions or petitions shall not be allowed in the
cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the
complaint or information except on the ground of lack of
jurisdiction over the subject matter, or failure to comply with
the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits
or any other paper; chanrobles virtual law library
(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; chanrobles
virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
12. What are the disputes which are required to undergo
amicable settlement before the lupon of a barangay? (Page 16
of CIVIL PROCEDURE BAR REVIEW GUIDE UPDATED
2017.pdf)
13. What is the significance of counsel’s signature? (Section
3, Rule 7) (R-G-D) Rae Garcia Dedu
(1) He has read it
(2) With the best of his knowledge, information, and
belief, there is good ground to support it
(3) Not interposed for delay
14. What should be stated in the certification against forum
shopping? (Section 5, Rule 7)
(1) He has not commenced any action or filed any
claim involving the same issues in any court,
tribunal, or quasi-judicial bodies, and to the best of
his knowledge, no such other claims or actions are
pending therein
(2) If there is such action or claim, a complete status
of thereof
(3) If he should learn that the same of similar action
or claim has been filed or pending, report the fact within 5
days
15. What matters should be stated by counsel below his
signature?
- address, PTR OR No, IBP OR No, Roll No, MCLE Certificate
of Compliance
16. What pleadings are required to be verified?
- Pleadings under Rules 38, 42, 43, 45, 47, 58, 59, 61
(38) Relief from Judgement
(42) Petition for Review RTC to CA
(43) Appeals from CTA, and Quasi-Judicial Bodies to
the CA
(45) Appeal by Certiorari to the SC
(47) Annulment of Judgements
(58) Preliminary Injunctions
(59) Receivership - Application
(61) Support Pendente Lite
17. Who are the corporate officers or employees who may
sign the verification and certification against non-forum
shopping without need of a board resolution?
- (1) chairperson, (2) president, (3) general manager, (4)
personnel officer, and (5) employment specialist
18. Upon whom may service be made when the defendant is a
corporation, partnership, or association organized under
Philippine laws? (Section 11, Rule 14) (President Gloria
MaCapagal Tang Ina)
(1) President
(2) General Manager
(3) Managing Partner
(4) Corporate Secretary
(5) Treasurer
(6) In-House Counsel
19. What is the omnibus motion rule? (Section 8, Rule 15 and
Section 1, Rule 9)
Section 8 Rule 15: A motion attacking a pleading,
order, judgement, or proceeding that includes all objections
then available.
All objections not so included shall be deemed
waived.
20. What are the grounds for a motion to dismiss? (Section 1,
Rule 16)
(1) No Jurisdiction on Subject Matter
(2) No Jurisdiction on the defending party
(3) Improper Venue
(4) Unenforceable under the statute of frauds
(5) Plaintiff has no capacity to sue
 (6) Failure to State a Cause of Action
(7) Litis Pendentia
(8) Res Judicata
(9) Claim has been waived, abandoned, paid, or
extinguished
(10) Condition precedent
21. When may the trial court dismiss a case motu proprio?
Rule 9, Sec 1 except litis pendentia
Rule 50, Sec 1
Rule 17, Sec 3
Unsigned and/or unverified pleadings
22. Distinguish failure to state a cause of action from lack of
cause of action.
Failure to state ay sa initiatory pleading/complaint.
FAILURE TO STATE A CAUSE OF ACTION
(a) There is a failure to state a cause of action if the pleading
asserting the claim states no cause of action. This is a ground
for a motion to dismiss. [Rule 16, Sec.1(g)]
(b) It is submitted that the failure to state a cause of action
does not mean that the plaintiff has “no cause of action.” It
only means that the plaintiff’s allegations are insufficient for
the court to know that the rights of the plaintiff were
violated by the defendant. [Riano]
(c) There is a failure to state a cause of action if allegations
in the complaint taken together, do not completely spell out
the elements of a particular cause of action. [Riano]
(d) A failure to state a cause of action is not the same as an
absence or a lack of cause of action. The former refers to an
insufficiency in the allegations of the complaint while the
latter refers to the failure to prove or to establish by
evidence one’s stated cause of action. [Riano]
TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION
Whether or not admitting the facts alleged, the court could
render a valid verdict in accordance with the prayer of the
complaint
23. What are the elements of litis pendentia?
(1) Identity of Parties
(2) Substantial Identity of the Causes of Action and
the Relief Sought, being founded on the same facts
(3) The Judgement on either case would amount to
res judicata to the other
24. What shall the court consider during pre-trial? (Section 2,
Rule 18)
(1) Possibility of Amicable Settlement or submission
to alternative modes of dispute resolution
(2) Simplification of issues
(3) Necessity or desirability of amendments to the
pleadings
(4) Possibility of obtaining admissions of facts and
documents to avoid unnecessary proof
(5) Limitation of number of witnesses
(6) Advisability of a preliminary reference to a
commissioner
(7) Propriety of rendering judgement on the
pleadings, summary judgement, or of dismissing the case
(8) Advisability or necessity of suspending the
pleadings
(9) Such other matters that would aid in the prompt
disposition of the action
25. What are the contents of a pre-trial brief? (Section 6,
Rule 18)
(1) State of willingness to enter into an amicable
settlement or alternative modes of dispute resolution,
indicating the desired terms
(2) Summary of admitted facts and proposed
stipulation of facts
(3) Issued to be tried or resolved
(4) Documents or exhibits to be presented,
describing the purpose thereof
(5) Manifestation of having availed or their
intention to avail themselves of discovery procedures
(6) Number and names of witnesses and the
substance of their respective testimonies
26. Enumerate the modes of discovery. Briefly explain each.
(1) Deposition pending action (Rule 23)
(2) Deposition before action or pending appeal (Rule 24)
(3) Interrogatories to Parties (Rule 25)
(4) Admission by adverse party (Rule 26)
(5) Production or inspection of documents or things.
(Rule 27)
(6) Physical and Mental Examination (Rule 28)
27. What is the order of trial? (Section 5, Rule 30)
(1) Plaintiff shall adduce evidence in support of his
complaint
(2) Defendant shall adduce evidence in support of
his defense, counterclaim, cross-claim, and third-party
complaint.
(3) Third party, if any, shall adduce evidence of his
defense, counterclaim, cross-claim. And fourth-party
complaint
(4) Forth party etc
(5) Parties against a counterclaim or cross-claim
shall adduce evidence in support of his defense
(6) Parties present rebutting evidence only when
permitted by the court
(7) Case shall be deemed submitted for decision,
unless the court directs the parties to argue or submit their
respective memoranda
28. When may the court order trial by commissioner?
(Section 2, Rule 32)
(1) When the trial of an issue requires the
examination of a long account on either side
(2) When the taking of an account is necessary for
the information of the court before judgement
(3) When a question of fact, other than upon the
pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgement or order
into effect
29. Order of reference and powers of the commissioner.
(Section 3, Rule 32)
30. Distinguish MTD in Rule 16 from Demurrer to Evidence
under Rule 33.
(Rule 16) Based on pleading – Failure to State
(Rule 33) Includes the evidence and pleadings but
still not enough to grant the relief – No Cause of Action
----
A MtD (Rule 16):
Made before filing of the answer
Several grounds
If MtD is denied, defendant may file his
responsive pleading
If MtD is granted, complaint may be refiled,
depending on the ground for dismissal
DE (Rule 33):
Made after the plaintiff rests his case
One ground: that upon the facts and the
law, the plaintiff has shown no right to relief
If DE is denied, the defendant may present
his evidence
If DE is granted, the remedy of the plaintiff
is to appeal from the dismissal
31. Distinguish Judgment of the Pleadings under Rule 34 from
Summary Judgment under Rule 35.
(34) Answer fails to tender an issue (Moved by
plaintiff)
(35) Moved by either, based on pleading, supporting
affidavits, depositions, or admissions.
----
JP, Rule 34
Absence of a factual issue in the case
because the answer tenders no issue at all
A motion for judgement on the pleadings is
filed by a claiming party like a plaintiff or counterclaimant
JP is based on the pleadings alone
Only 3 days notice to the adverse party is
required prior to the date of hearing
SJ, Rule 35
Involves an issue but the issue is not
genuine
A motion for summary judgement may be
filed by either the claiming or defending party
SJ based on pleadings, affidavits,
depositions and admissions
A 10 day notice to the adverse party is
required in a motion for summary judgement
32. Distinguish several judgments from separate judgments.
(Rule 36)
Several – Against multiple defendants, judgement on
one or more of them, leaving the court to proceed with the
others.
Separate – More than one claim, Decide on one,
procced with others.
33. Rule 37 – grounds and requirements New Trial and MR
Fraud, Accident, Mistake or Excusable Negligence
Newly obtained evidence
34. Rules 38 and 47 – grounds and periods. Relief and
Annulment
Relief – FAME
60 days from finding out of final order
6 months from final order
Annulment – Extrinsic Fraud or Lack of Jurisdiction
4 years
If based on lack of jurisdiction, before
prescription
35. When may a judgment be executed by motion? (Section 6,
Rule 39)
Within 5 years from the date of entry of judgment
If after 5 years, but before prescription, through
action
36. How may execution issue in case of death of a party?
(Section 7, Rule 39)
(1) Death of Obligee (Nanalo) – upon application of
his executor, administrator, or successor in interest
(2) Death of Obligor (Talo) – against his executor or
administrator or successor in interest, if real property or lien
thereon
(3) Death of Obligor (Talo) – after execution is
actually levied, same may be sold
37. How is a money judgment enforced? (Section 9, Rule 39)
(1) Immediate payment on demand
(2) Satisfaction by levy
(3) Garnishment of Debts and Credits
38. What are the properties exempt from execution? (Section
13, Rule 39)
(1) Family Home – note na may exemptions to
(2) Ordinary tools and implements personally used
by him for his trade, employment or livelihood
(3) Three horses, OR three cows, OR three carabaos,
OR other beasts of burden necessary for occupation
(4) Household furniture, utensils necessary for
housekeeping and used for that purpose not exceeding P100
(5) Necessary clothing, and articles for personal use,
excluding jewelry
(6) Professional libraries and equipment of Judges,
Lawyers, Engineers, Doctors etc not exceeding P300
(7) One fishing boat and accessories not exceeding
P100,000 owned by a fisherman for his livelihood
(8) Salaries, wages, or earnings within the four
months preceding the levy as necessary for the support of his
family
(9) Lettered gravestones
(10) Life insurance
(11) Right to receive support
(12) Properties specially exempted by law

39. What may not be appealed? (Section 1, Rule 41)
(1) Order denying petition for relief
(2) Interlocutory Order
(3) Order disallowing or dismissing an appeal
(4) Oder denying motion to set aside a judgement by
consent, confession, or compromise on the ground of
fraud, mistake, or duress, or any other ground
vitiating consent
(5) Order of execution
(6) A judgement or final order for or against one or
more of several parties or in separate claims,
counterclaims, cross-claims, and third-party
complaints while the main case is pending, unless
the court allows
(7) Order dismissing an action without prejudice
40. What are the modes of appeal? (Section 2, Rule 41)
(1) Ordinary Appeal
(2) Petition for review
(3) Certiorari
41. Distinguish notice of appeal from record on appeal.
Notice – submit entire proceedings in the lower
courts
Record – only records pertaining to an issue,
normally several issues and appealing not all of the
issued?????
42. What are the contents of a petition for review? (Sec 2
Rule 42) 7 copies
(1) Full names of the parties to the case
(2) Indicate the specific and material dates, showing
that it was filed on time
(3) Set forth concisely the matters involved, issues
raised, and the errors committed by the RTC and the
reasons or arguments relied upon
(4) Duplicate originals or true copies of the judgements
or final orders of both lower courts
43. What are the grounds for annulment of judgment under
Rule 47? (Section 2, Rule 47).
Extrinsic Fraud (cannot be invoked if it was/ could
have been availed of in a motion for new trial or petition for
relief)
Lack of Jurisdiction
44. What are the grounds upon which preliminary
attachment may issue? (Section 1, Rule 57)
Section 1. Grounds upon which attachment may issue.
At the commencement of the action or at any time before
entry of judgment, a plaintiff or any proper party may have
the property of the adverse party attached as security for the
satisfaction of any judgment that may be recovered in the
following cases:
(a) In an action for the recovery of a specified amount of
money or damages, other than moral and exemplary, on a
cause of action arising from law, contract, quasi-contract,
delict or quasi-delict against a party who is about to depart
from the Philippines which intent to defraud his creditors;
(b) In an action for money or property embezzled or
fraudulently misapplied or converted to his own use by a
public officer, or an officer of a corporation, or an attorney,
factor, broker agent, or clerk, in the course of his
employment as such, or by other person in a fiduciary
capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property unjustly
or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed,
or disposed of to prevent its being found or taken by the
applicant or an authorized person;
(d) In an action against a party who has been guilty of a
fraud in contracting the debt or incurring the obligation upon
which the action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed
of his property, or is about to do so, with intent to defraud
his creditors; or
(f) In an action against a party who does not reside and is not
found in the Philippines, or on whom summons may be
served by publication.
45. Provisional remedies – grounds; when affidavit and bond
required.
Rule 57
Section 1. Grounds upon which attachment may issue - At the
commencement of the action or at any time before entry of
judgment, a plaintiff or any proper party may have the
property of the adverse party attached as security for the
satisfaction of any judgment that may be recovered in the
following cases:
(a) In an action for the recovery of a specified amount of
money or damages, other than moral and exemplary, on a
cause of action arising from law, contract, quasi-contract,
delict or quasi-delict against a party who is about to depart
from the Philippines which intent to defraud his creditors;
(b) In an action for money or property embezzled or
fraudulently misapplied or converted to his own use by a
public officer, or an officer of a corporation, or an attorney,
factor, broker agent, or clerk, in the course of his
employment as such, or by other person in a fiduciary
capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property unjustly
or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed,
or disposed of to prevent its being found or taken by the
applicant or an authorized person;
(d) In an action against a party who has been guilty of a
fraud in contracting the debt or incurring the obligation upon
which the action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed
of his property, or is about to do so, with intent to defraud
his creditors; or
(f) In an action against a party who does not reside and is not
found in the Philippines, or on whom summons may be
served by publication.
Sec. 3. Affidavit and bond required.
An order of attachment shall be granted only when it appears
by the affidavit of the applicant, or of some other person who
personally knows the facts, that a sufficient cause of action
exists, that the case is one of those mentioned in section 1
hereof, that there is no other sufficient security for the claim
sought to be enforced by the action, and that the amount due
to the applicant, or the value of the property the possession
of which he is entitled to recover, is as much as the sum for
which the order is granted above all legal counterclaims. The
affidavit, and the bond required by the next succeeding
section, must be duly filed with the court before the order
issues.
Sec. 4. Condition of applicant's bond.
The party applying for the order must thereafter give a bond
executed to the adverse party in the amount fixed by the
court in its order granting the issuance of the writ,
conditioned that the latter will pay all the costs which may be
adjudged to the adverse party and all damages which he may
sustain by reason of the attachment, if the court shall finally
adjudged that hte applicant was not entitled there to.
Rule 58
Sec. 3. Grounds for issuance of preliminary injunction.
A preliminary injunction may be granted when it is
established:
(a) That the applicant is entitled to the relief demanded, and
the whole or part of such relief consists in restraining the
commission or continuance of the act or acts complained of,
or in requiring the performance of an act or acts, either for a
limited period or perpetually;
(b) That the commission, continuance or non-performance of
the act or acts complained of during the litigation would
probably work injustice to the applicant; or
(c) That a party, court, agency or a person is doing,
threatening, or is attempting to do, or is procuring or
suffering to be done, some act or acts probably in violation of
the rights of the applicant respecting the subject of the action
or proceeding, and tending to render the judgment
ineffectual.
Sec. 4. Verified application and bond for preliminary
injunction or temporary restraining order.
A preliminary injunction or temporary restraining order may
be granted only when:
(a) The application in the action or proceeding is verified,
and shows facts entitling the applicant to the relief
demanded; and
(b) Unless exempted by the court, the applicant files with the
court where the action or proceeding is pending, a bond
executed to the party or person enjoined, in an amount to be
fixed by the court, to the effect that the applicant will pay to
such party or person all damages which he may sustain by
reason of the injunction or temporary restraining order if the
court should finally decide that the applicant was not entitled
thereto. Upon approval of the requisite bond, a writ of
preliminary injunction shall be issued.
(c) When an application for a writ of preliminary injunction
or a temporary restraining order is included in a complaint
or any initiatory pleading, the case, if filed in a multiple-sala
court, shall be raffled only after notice to and in the presence
of the adverse party or the person to be enjoined. In any
event, such notice shall be preceded, or contemporaneously
accompanied, by service of summons, together with a copy of
the complaint or initiatory pleading and the applicant’s
affidavit and bond, upon the adverse party in the Philippines.
However, where the summons could not be served personally
or by substituted service despite diligent efforts, or the
adverse party is a resident of the Philippines temporarily
absent therefrom or is a nonresident thereof, the
requirement of prior or contemporaneous service of
summons shall not apply.
(d) The application for a temporary restraining order shall
thereafter be acted upon only after all parties are heard in a
summary hearing which shall be conducted within twenty-
four (24) hours after the sheriff’s return of service and/or
the records are received by the branch selected by raffle and
to which the records shall be transmitted immediately.
Rule 59
Section 1. Appointment of receiver.
Upon a verified application, one or more receivers of the
property subject of the action or proceeding may be
appointed by the court where the action is pending, or by the
Court of Appeals or by the Supreme Court, or a member
thereof, in the following cases:
(a) When it appears from the verified application, and such
other proof as the court may require, that the party applying
for the appointment of a receiver has an interest in the
property or fund which is the subject of the action or
proceeding, and that such property or fund is in danger of
being lost, removed, or materially injured unless a receiver
be appointed to administer and preserve it;
(b) When it appears in an action by the mortgagee for the
foreclosure of a mortgage that the property is in danger of
being wasted or dissipated or materially injured, and that its
value is probably insufficient to discharge the mortgage debt,
or that the parties have so stipulated in the contract of
mortgage;
(c) After judgment, to preserve the property during the
pendency of an appeal, or to dispose of it according to the
judgment, or to aid execution when the execution has been
returned unsatisfied or the judgment obligor refuses to apply
his property in satisfaction of the judgment, or otherwise to
carry the judgment into effect;
(d) Whenever in other cases it appears that the appointment
of a receiver is the most convenient and feasible means of
preserving, administering, or disposing of the property in
litigation.
During the pendency of an appeal, the appellate court may
allow an application for the appointment of a receiver to be
filed in and decided by the court of origin and the receiver
appointed to be subject to the control of said court.
Sec. 2. Bond on appointment of receiver.
Before issuing the order appointing a receiver the court shall
require the applicant to file a bond executed to the party
against whom the application is presented, in an amount to
be fixed by the court, to the effect that the applicant will pay
such party all damages he may sustain by reason of the
appointment of such receiver in case the applicant shall have
procured such appointment without sufficient cause; and the
court may, in its discretion, at any time after the
appointment, require an additional bond as further security
for such damages.
Rule 60
Sec. 2. Affidavit and bond.
The applicant must show by his own affidavit or that of some
other person who personally knows the facts:
(a) That the applicant is the owner of the property claimed,
particularly describing it, or is entitled to the possession
thereof;
(b) That the property is wrongfully detained by the adverse
party, alleging the cause of detention thereof according to the
best of his knowledge, information, and belief;
(c) That the property has not been distrained or taken for a
tax assessment or a fine pursuant to law, or seized under a
writ of execution or preliminary attachment, or otherwise
placed under custodia legis, or if so seized, that it is exempt
from such seizure or custody; and
(d) The actual market value of the property.
(xi) Such findings are contrary to the admissions of both
parties.
(c) Assign temporarily judges of lower courts to other
stations as public interest may require, which shall not last 6
six months without the consent of the judge concerned.
(d) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(e) Promulgate rules on:
(1) Protection and enforcement of constitutional
rights;
(2) Pleading/practice/procedure in all courts;
(3) Admission to the practice of law;
(4) The Integrated Bar;
(5) Legal assistance to the under-privileged.
(f) Appoint all Judiciary officials/employees in accordance
with the Civil Service Law.
COURT OF APPEALS

The applicant must also give a bond, executed to the adverse Original Jurisdiction
party in double the value of the property as stated in the To issue writs of mandamus, prohibition, certiorari, habeas
affidavit aforementioned, for the return of the property to corpus and quo warranto, and auxiliary writs/processes,
the adverse party if such return be adjudged, and for the whether or not in aid of its appellate jurisdiction.
payment to the adverse party of such sum as he may recover Note: former rule only allowed the CA to issue auxiliary writs
from the applicant in the action. and processes in aid of jurisdiction.
The power is concurrent with the SC.
46. Jurisdiction of SC, CA, RTC, MTC in civil cases
SUPREME COURT Exclusive Original Jurisdiction
(a) EXERCISE original jurisdiction over: Annulment of RTC judgments.
(1) Cases affecting ambassadors and other public
ministers and consuls; Exclusive Appellate Jurisdiction
RTC also has concurrent jurisdiction a. Final
(2) Petitions for certiorari, prohibition, mandamus, quo judgments/decisions/resolutions/orders/awards of
warranto, and habeas corpus. 1. RTC
(b) Review/revise/reverse/modify/affirm on appeal or 2. Quasi judicial
certiorari, final judgments/orders of lower courts in: agencies/instrumentalities/boards/commissions
including
(1) All cases in which the constitutionality/validity
I. SEC
of any treaty, international or executive agreement, law,
II. SOCIAL SECURITY COMMISSION
presidential decree/proclamation/order/ instruction,
ordinance or regulation is in question; III. ECC

Note: power of review contemplates the ff. courts: CA, IV. CSC
Sandiganbayan, CTA, RTC, and other courts authorized by Exception: Those falling within the SC’s appellate jurisdiction
law. of the SC in accordance with the:
(2) All cases involving the legality of any tax/ impost/ a. Constitution
assessment/ toll, or any penalty imposed in relation thereto; b. Laboc Code
(3) All cases in which the jurisdiction of any lower court is in c. BP 129
issue; d. Sec. 17, par 3(1) and Par 4 (4) of the Judiciary Act of
1948
(4) All criminal cases in which the penalty imposed is
reclusion perpetua or higher;
Powers of the Court of Appeals
(5) All cases in which only errors/questions of law are
involved. (a) Try cases and conduct hearings;

(vii) The finding of absence of facts is contradicted by the (b) Receive evidence
presence of evidence on record; (c) Perform any and all acts necessary to resolve factual
(viii) The findings of the CA are contrary to those of the trial issues raised, including the power to grant and conduct new
court; trials or further proceedings.

(ix) The CA manifestly overlooked certain relevant and

undisputed facts that, if properly considered, would justify a Trials or hearings must be continuous and must be completed
different conclusion; within 3 months, unless extended by the Chief Justice.
(x) The findings of the CA are beyond the issues of the case;
REGIONAL TRIAL COURT
Exclusive Original Jurisdiction in Civil Cases [Sec. 19, BP 129,
Asked in the 2002 Bar Examinations]
Incapable of pecuniary estimation (2000 Bar Exam);
● (a) If the action is primarily for the recovery of a
sum
● of money, the claim is considered capable of
pecuniary estimation, and jurisdiction over the
action will depend on the amount of the claim. [RCPI
v. CA (2002)]
● (b) If the basic issue is something other than the
right to recover a sum of money, if the money claim
is purely incidental to, or a consequence of, the
principal relief sought, the action is one where the
subject of the litigation may not be estimated in
terms of money. [Soliven v. Fastforms (1992)]
● (c) If the thing sought to be deposited or consigned
is a sum of money, the amount of the debt due is
determinable and capable of pecuniary estimation.
[Ascue v. CA (1991)]
● (d) Action for support is incapable of pecuniary
estimation because the court is asked to determine
first WON the plaintiff is indeed entitled to support.
[Baito v. Sarmiento (1960)]
● (e) Action for specific performance is incapable of
pecuniary estimation. [Manufacturer’s Distributor’s
v. Yu Siu Liong (1966)]
● (f) The jurisdiction of the respective courts is
determined by the value of the demand and not the
value of the transaction out of which the demand
arose.
● (1) The alternative prayer for specific performance
is also of the same value, for the alternative prayer
would not have been made in the complaint if one
was more valuable than the other. [Cruz v. Tan
(1950)]
● (g) Rescission is a counterpart of specific
performance therefore also incapable of pecuniary
estimation. [Lapitan v. Scandia (1968)]
● (h) Action for declaration of nullity of a deed of
partition is incapable of pecuniary estimation.
[Russel v. Vestil (1999)]
● (i) An action for expropriation is incapable of
pecuniary estimation. [Bardillon v. Masili (2003)]
Title to, or possession of, real property (or any interest
therein) where the property’s assessed value exceeds P20K or
P50K (for civil actions in Metro Manila);
Exception: Forcible entry into and unlawful detainer of
lands/buildings
Admiralty and maritime jurisdiction where the demand/claim
exceeds P300K or P400K (in Metro Manila);
(a) Maritime and admiralty cases involve trade and
transactions in the sea. Maritime jurisdiction includes
maritime tort. [Negre v. Cabahug (1966)]
Probate (testate and intestate) where the gross value of the
estate exceeds P300K or P400K (in Metro Manila);
Marriage contract and marital relations;
General Original Jurisdiction
All cases not within the exclusive jurisdiction of any
court/tribunal/person/ body exercising judicial or quasi-
judicial functions;
Within the exclusive original jurisdiction of a Juvenile and
Domestic Relations Court and of the Court of Agrarian
Relations;
All other cases where 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 P300K or P400K in Metro Manila.
● (a) The exclusion of the term “damages of whatever
kind” in determining the jurisdictional amount
under Sec. 19(8) and Sec. 33 (1) of BP 129, as
amended by RA 7691, applies to cases where the
damages are merely incidental to or a consequence
of the main cause of action. However, if 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.[Admin Circ. 09-94]
●
● (b) Actions for damages based on quasi-delicts are
primarily and effectively actions for the recovery of
a sum of money for the damages suffered because of
the defendant’s alleged tortious acts. This money
claim is the principal relief sought, and is not merely
incidental thereto or a consequence thereof. [Iniego
v. Purganan (2006)]
●
Original Jurisdiction [Sec. 21, BP 129]
(a) Certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction which may be enforced in any
part of their respective regions;
CONCURRENT jurisdiction with SC and CA
b) Actions affecting ambassadors and other public ministers
and consuls.
CONCURRENT jurisdiction with SC
Exclusive Appellate Jurisdiction [Sec. 22, BP 129]
All cases decided by MeTCs/MTCs/MCTCs in their respective
territorial jurisdictions. Metropolitan, Municipal and
Municipal Circuit Trial Courts
Family Courts
Exclusive Original Jurisdiction
(a) Petitions for guardianship, custody of children, habeas
corpus in relation to the latter;
(b) Petitions for adoption of children and revocation thereof;
(c) 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
together under different status and agreements, and petitions
for dissolution of conjugal partnership of gains;
(d) Petitions for support and/ or acknowledgement;
(e) Summary judicial proceedings brought under the
Family Code;
(f) Petitions for declaration of status of children as
abandoned, dependent or neglected children, for voluntary or
involuntary commitment of children, and for suspension,
termination or restoration of parental authority under PD
603, EO 56 s. 1986 and other related laws;
(g) Cases for domestic violence against women and children,
as defined therein but which do not constitute criminal
offenses subject to criminal prosecution and penalties.
METROPOLITAN TRIAL COURT
Exclusive Original Jurisdiction [Sec. 33, BP 129]
(a) Civil actions and probate proceedings (testate and
intestate), including the grant of provisional remedies, where
the value of the personal property, estate or amount of the
demand does not exceed P300K or P400K (in Metro Manila)
(value excludes of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs);
(1) Interest, damages of whatever kind, attorney's fees,
litigation expenses and costs shall be included in the
determination of the filing
fees.
(2) If there are several claims or causes of actions
between the same/different parties in the same complaint,
the amount of the demand shall be the totality of the claims
in all the
causes of action, WON the causes of action arose out of the
same/different transactions.
(b) Forcible entry and unlawful detainer
(1) If the defendant raises the question of ownership in his
pleadings and the question of possession cannot be resolved
without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of
possession.
(2) That the MeTC has jurisdiction even in cases where the
issue of possession is closely intertwined with the issue of
ownership is now a settled doctrine in ejectment
proceedings. [Heirs of B. Hernandez v. Vergara (2006)]
(3) The authority granted to the MeTC to preliminarily
resolve the issue of ownership to determine the issue of
possession ultimately allows it to interpret and enforce the
contract or agreement between the plaintiff and the
defendant. However, MeTC’s ruling on the rights of the
parties based on its interpretation of their contract is, of
course, not conclusive, but is merely provisional and is
binding only with respect to the issue of possession. [Union
Bank v. Maunlad Homes (2012)]
All civil actions that involve title to, or possession of, real
property (or any interest therein) where the assessed value
of the property (or interest therein) does not exceed P20K or
P50K (in civil actions in Metro Manila).
(1) Value excludes interest, damages of whatever kind,
attorney’s fees, litigation expenses and costs
(2) If land is not declared for taxation purposes, the value of
such property shall be determined by the assessed value of
the adjacent lots.
(d) All civil cases subject to summary procedure.
47. Principles on jurisdiction
Doctrine of Primary Jurisdiction - Courts cannot and will not
resolve a controversy involving a question which is within
the jurisdiction of an administrative tribunal especially
where the question demands the exercise of sound
administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to
determine technical and intricate matters of fact. Objective is
to guide a court in determining whether it should refrain
from exercising its jurisdiction until after an administrative
agency has determined some question arising in the
proceeding before the court.
Doctrine of Adherence of Jurisdiction - Also known as
doctrine of continuity of jurisdiction. The Court once
jurisdiction has been acquired, retains that jurisdiction until
it finally disposes of the case.
48. Real action v. personal action
Real Action - Actions affecting title to or possession of real
property or interest therein. (Rule 4, Sec 1 par 1)
Personal Action - All other actions are personal actions (Rule
4, Sec. 2)
Doctrine of Judicial Hierarchy - The judicial system follows a
ladderized scheme which in essence requires that lower
courts initially decide on a case before it is considered by a
higher court. Specifically, under the judicial policy
recognizing hierarchy of courts, a higher court will not
entertain direct resort to it unless the redress cannot be
obtained in the appropriate courts.
Doctrine of Non Interference or Doctrine of Judicial Stability
- The principle holds that courts of equal and coordinate
jurisdiction cannot interfere with each other’s orders. The
principle also bars a court from reviewing or interfering with
the judgment of a co-equal court over which it has no
appellate jurisdiction or power of review. The doctrine of non
interference applies with equal force to administrative
bodies.
49. In personam, in rem, and quasi in rem actions
Action in rem - directed against the thing itself, jurisdiction
over the person of the defendant is not required
Action in personam - directed against particular persons,
jurisdiction over the person of the defendant is required
Action in quasi in rem - directed against particular persons
and against the thing (main issue), jurisdiction over the
person of the defendant is not required as long as jurisdiction
over the res is acquired
50. Actions capable of pecuniary estimation v. those
incapable of pecuniary estimation
Incapable of Pecuniary Estimation:
(a) If the action is primarily for the recovery of a sum of
money, the claim is considered capable of pecuniary
estimation, and jurisdiction over the action will depend on
the amount of the claim. [RCPI v. CA (2002)]
(b) If the basic issue is something other than the right to
recover a sum of money, if the money claim is purely
incidental to, or a consequence of, the principal relief sought,
the action is one where the subject of the litigation may not
be estimated in terms of money. [Soliven v. Fastforms
(1992)]
(c) If the thing sought to be deposited or consigned is a sum
of money, the amount of the debt due is determinable and
capable of pecuniary estimation. [Ascue v. CA (1991)]
(d) Action for support is incapable of pecuniary estimation
because the court is asked to determine first WON the
plaintiff is indeed entitled to support. [Baito v. Sarmiento
(1960)]
(e) Action for specific performance is incapable of pecuniary
estimation. [Manufacturer’s Distributor’s v. Yu Siu Liong
(1966)]
(f) The jurisdiction of the respective courts is determined by
the value of the demand and not the value of the transaction
out of which the demand arose.
(1) The alternative prayer for specific performance is also of
the same value, for the alternative prayer would not have
been made in the complaint if one was more valuable than
the other. [Cruz v. Tan (1950)]
(g) Rescission is a counterpart of specific performance
therefore also incapable of pecuniary estimation. [Lapitan v.
Scandia (1968)]
(h) Action for declaration of nullity of a deed of partition is
incapable of pecuniary estimation. [Russel v. Vestil (1999)]
(i) An action for expropriation is incapable of pecuniary
estimation. [Bardillon v. Masili (2003)]

EXTRA
Res Judicata
(1) Previous Final Judgement
(2) Court that rendered the case has
jurisdiction over the subject matter and the
parties
(3) Judgement was upon the merits
· NOTE: Dismissed no with the
merits but with prejudice is
considered as if it was dismissed
upon its merits
(4) Identity of parties, subject matter and
causes of action