Sunteți pe pagina 1din 2

Duty entails obligation, constitutional mandate to actually serve and not refuse jurisdiction.

Cerciorari- direct resort to the highest authority

RULE 45 v RULE 65

Question of law --- Grave abuse of discretion

May be directed to the SC-R45

Santiago v Tatad- so long as there is a constitutional question the court have jurisdiction on this case

Definition of political question- Tanad v Cueno

Saguisag v Exec. Sec- transcendental, the consti provides that before entering in an int’l agreement it
must be submitted to the Senate; challenging wisdom of law; standard to determine whether the court
has jurisdiction

Diocese of Bacolod v COMELEC-

Special civil action v ordinary civil action

Parties: SCA (+parties does not necessary need to be a person) v OCA (rule 3 sec. 1)

Is there an offended party in a SCA?

What distinguishes the two is the: Special Rules

Jurisidiction: (+ sandiganbayan- trial court)

Ada v Baylon- ordinary and special civil action cannot be joined together

Teraa v Sagun- unlawful detainer concern with legally of possession and not damages

Interpleader- help hear and decide conflicting claims

Jurisdiction- follow rule on ordinary civil action

Motion to dismiss: complainant not interested party

After court resolve the matter: Court may: (1) compel the consignation of subj matter

(2) start of the case

Court determine if interpleader is properly filed

The court will hear the merit of conflicting claims

Reason why filing of case is 30 days: other aspect of case is still epnding on the court- entire record is

Pacific v CA- liquidation proceeding is not an ordinary civil action

Balbastro v CA- based on equity; third party complaint applied to interpleader; derivative claim

Wack v Won- (opinion ni sir) wack wack should have done joinder of parties

Declaratory Relief

Breach happen during the pendency of the case- converted to ordinary civil action

Where do you file action- noted: if reformation of instrument- RTC, because it incapable of pecuniary

Or file ka certiorari directly to the Supreme Court to question the constitutionality of a statute

Constitutionality- grave abuse of discretion

Sarmiento v Capapas- multiplicity of suits

Poco v Com. Immigration- not a declaratory relief

Jumamil v Café- ground of constitutionality- due process