CIVIL PROCEDURE

JURISDICTION

Disclaimer: This is just suppletory to your other study materials since this is Court of Tax Appeals
basically just the lecture of Justice Aquino. J ® 6 members with 1 presiding justice;
The coverage of this lecture: Jurisdiction and General Principles. ® Divided into 2 divisions of 3 members each;
® Can be exercised by:
HEIRARCHY OF COURTS • En Banc; or
• Division
Court Level 1 – Supreme Court ® It is a multi-jurisdictional court;
® It has both original and appellate jurisdiction over collection of taxes, cost of
® 15 members = 1 Chief Justice + 14 Associate Justices; duties and tariffs, etc.
® Can be exercised by:
• En Banc (the Supreme Court as a whole); or Court Level 3 – Regional Trial Court
• Division – 3 divisions with 5 members, headed by a chairperson
® They are the heads of the whole Philippine Judiciary; ® There are 14 Regional Trial Courts which correspond to the 14 regional
® They appoint their own employees, such is approved by the Court En Banc. districts, but there are a lot of branches;

Court Level 2 – Court of Appeals, Sandiganbayan, Q: How many RTCs are there?
and the Court of Tax Appeals A: 14
Q: But, how many branches are there?
Court of Appeals A: More than 100.
® 69 members;
® Divided into 23 divisions (3 in Cebu, 3 in Cagayan de Oro, 16 in Manila); ® It is the court of general jurisdiction, or the “workhorse” of the judiciary;
® Each division is headed by a chairman and has 2 members;
® Adjudicatory powers is solely exercised by the division; Justice: If you have any doubt as to where you would file a case, file it in the RTC.
® The decision of one is the decision of the entire court, why? So that several
conflicting decisions may be avoided. Therefore, once it is final, it is Court Level 4 – MTC, MCTC, MTCC
enforceable, and is then part of the legal system, and only the Supreme Court
can re-decide if there is any conflict in the decision; Metropolitan Trial Court
® There are only rare exceptions where the filing of original actions are allowed. Municipal Trial Court
Municipal Trial Court in Cities – Outside Metro Manila
Sandiganbayan Municipal Circuit Trial Court
® 15 members with 1 presiding officer;
® Has 3 members in each division (5 divisions); (nagkwento lang siya)
® Although the Sandiganbayan has the same rank as the Court of Appeals, it is
technically higher since Sandiganbayan is a “special” trial court;
® However, the Sandiganbayan only covers a small part in terms of Jurisdiction
since the bigger load, or the “appellate load”, is vested in the Court of Appeals;
® The Sandiganbayan is the only “trial court” headed by Justices.

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JURISDICTION

Shari’a Courts Classification of Jurisdiction

® There are three levels General Jurisdiction – The power of the court to try and decide generally all cases
• 1st level – Shari’a Circuit Trial Courts brought up to it.
• 2nd level – Appellate Shari’a Court (3 members)
• 3rd level – District Shari’a Court Special Jurisdiction – The power to try a special, limited, major case. An example
® District Shari’a Court of this would be the Sandiganbayan.
• This is an integral part of the whole judicial structure;
• 1 Justice of the Supreme Court exclusively reviews the decision of the Original Jurisdiction – The power to hear a case for the first time.
Shari’a Courts
Appellate Jurisdiction – A power of a higher court to review decisions and other
TAXONOMY OF THE JUDICIAL PROCEEDINGS issuances of a lower court.

There are two branches – There should always be a claim based upon a right Q: Can a court have both original and appellate jurisdiction?
since proceedings are adversarial in nature. A: Yes.
® Actions – A claim; legal right Ex: Supreme Court, Court of Appeals
• Civil
o Ordinary Ordinary Jurisdiction: Jurisdiction of a court on all matters which would not need
o Special special knowledge.
• Criminal
® Proceedings – Seeks to establish a status. Primary Jurisdiction: Jurisdiction of quasi-judicial agencies involving cases
which need special knowledge on the matter.
JURISDICTION
Justice: Only when the quasi-judicial court has decided that you go to an ordinary
court, then you can go to an ordinary court (Doctrine of exhaustion of administrative
Jurisdiction – The power, right, and duty of the court to try and decide a case
remedies)
filed in court.

Exclusive Jurisdiction: All the courts have exclusive jurisdiction on all matters
® It is conferred by law;
filed to it. There are, however, cases where two or more courts will have the same
® Not even the Supreme Court can pass or make a law;
exclusive jurisdiction with it.
® Jurisdiction is not a procedural matter, but a substantive matter;
Concurrent Jurisdiction: You can choose where to file because this is when two
Justice: You cannot study procedure if you do not know the source.
or more courts will have the same exclusive jurisdiction with it.

® Jurisdiction cannot be the subject of any agreement, nor can it be waived;

Justice: Kapag may kasama sila na concurrent, dun ka sa next higher court kesa
® However, it may subject under the rule on estoppel (Tijam vs. Sibonghanoy) pa sa kanila [lower court].

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Q: Can you file a case against a public official in a Municipal Court?
A: Generally, no, since that’s what Sandiganbayan is for. However, if the salary
grade is below 27, it may be filed in the respective RTC or MTC, depending on the
imposed penalty. 6 years and below, sa MTC, kapag higher sa RTC. If the MTC
renders a decision and that decision is reviewed, it cannot be reviewed by the RTC
ha? The Sandiganbayan reviews that.
Criminal Jurisdiction – Criminal cases
Civil Jurisdiction – Civil cases
CONCEPTS OF JURISDICTION (NATURE)
Jurisdiction over the subject matter (determinants)
® You can find this in the allegations of the pleadings – You must read all
the allegations so that you know where to find the cause of action since if
there is no cause of action, you can dismiss the case.
Q: What do you need to have to have cause of action?
A: The plaintiff must have a right and that right must be violated by the defendant.
Q: What will happen if there’s no cause of action?
A: Then the complaint is dismissible.
® You must use the law enforced at the time the case is being tried – It
must be noted that once the court appoints jurisdiction, the court adheres to
it, and that there is no retroactivity. (Doctrine of Adherence of Jurisdiction)
Jurisdiction over the parties
Who are the parties?
® Petitioner;
® Applicants;
® Those being sued;
® Oppositors
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Q: How is jurisdiction over the parties acquired?
A: Plaintiff voluntarily submits himself upon filing a complaint (ipso jure), while the
defendant can be through service of summons.
Q: Paano kapag walang summons?
A: Once the court receives a petition, the court issues a resolution to the
respondent.
Q: If there are non-parties that are interested, but are afraid to intervene, can the
court render judgment including them?
A: No. One who is not a party is not bound by any decision.
Q: Can you file a case against the Registry of Deeds?
A: No. Cause the Registry of Deeds is a book. The human one is the Register of
deeds.
Recit questions:
Q: What kind of jurisdiction does the Supreme Court enjoy?
Q: What is its original and appellate jurisdictions?
Q: What is the requirement for the RTC to be able to appeal to the Supreme Court?
Q: What should be involved in the appeal?
Whenever the law requires concurrent jurisdiction, all the courts have the right to
rule and decide. But even with that, there is what we call the doctrine of hierarchy
of courts. So, despite the concurrence, the hierarchy of courts will limit it.
Appellate jurisdiction is exclusive over all decisions and resolutions of the CA,
Sandiganbayan, CTA. But it is exclusive and original for decisions of COMELEC
and COA.
Question of Law – One which determines what law is involved and how it should
be interpreted, and whether or not it is relevant to the case and the conclusion
made to the summary of facts.
Question of Fact – Reviewed by the Court of Appeals, which is the ultimate arbiter
of Question of Facts. It requires evaluation of evidence, and whether or not the
allegation is true or not.
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However, even with the doctrine of hierarchy of courts, and even with concurrent Ground for certiorari under Rule 65 – GADALEJ
jurisdictions, there are cases that should be filed in the Supreme Court: ® Lack
® Cases which involve the determination of issues of first impression ® Excess
• Those cases which have not been resolved yet;
• Cases which does not have jurisprudence; Mahirap yung sobra, mahirap din yung kulang L
• “Bago”
® All cases which involve matters affecting the national economy, security of the Sec. 1, Art. 8 of the 1987 Constitution – Or “the other” certiorari
State, livelihood of the people, or basically cases which are important to the It is stated that courts have the power to act, review against all branches of the
nation. government and its instrumentalities.
® The courts have authority;
Remember that the magnitude of the question and its effect would entail if it should ® But of course there is a limit – The Doctrine of Political Pursuit
be filed in the SC or not. • This is when the executive and the legislative department have actions
which involve determination of government policies, or the original
Criminal case – Under the Constitution, all cases of reclusion perpetua shall be question is outside the jurisdiction of the courts.
automatically reviewed by the Supreme Court. There is no more need for the
aggrieved party to appeal. Automatic na yun. Example? Impeachment trials are the sole prerogative of the House of
Representatives, and is tried by the Senate. Can the Supreme Court review? Yes,
Justice: There were only 37 out of 400 imposing reclusion perpetua, as the rest but only if there was GADALEJ.
were dismissed or revered. There is a very poor evidentiary evaluation in the trial
courts eh. Some are strict, some hindi. Example, drug cases. They must be careful Recit questions:
in imposing such penalty. Q: What is the jurisdiction of Sandiganbayan?
Q: Does it have jurisdiction over civil cases?
Writ – An order that commands a party or person to do or not to do something. Q: Is it a trial or appellate court?
® An order. However, not all orders are writs. Q: Does it have appellate jurisdiction?
® This is issued only for specific purposes. Q: Can they try any public official?
Q: What is the jurisdiction of the CTA?
Elements of Certiorari Q: When is a tax case in the CTA’s jurisdiction?
® The right of the aggrieved party must be adversely affected; Q: Are these cases appealable? To what court?
® The decision was made by an official with judicial or quasi-judicial powers; Q: What are the two bodies of the CTA? – Division & En Banc
® The act of the official must be without or in excess of jurisdiction amounting to Q: Are decisions of the Division appealable to En Banc? – Yes. This feature is
GADALEJ unique. This is the only second level court whose En Banc has appellate
jurisdiction. The other two are: the Supreme Court and COMELEC.
There must be overstepping in the boundaries of jurisdiction by avoiding or ignoring Q: What is the jurisdiction of the Court of Appeals?
the important segment. There is “excess”.

GADALEJ – Grave abuse of discretion amounting to lack or excess of jurisdiction.

It is an arbitrary or whimsical act which seriously violates the rights of a party. It is
capricious, arbitrary, unconscionable.

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Certiorari – This is used in several meanings Personal action – Any action which is not a real action.
® Petition for certiorari – Fileable to the SC, CA, RTC
® Petition for review of certiorari – Appeal to the SC Real action – Jurisdiction depends upon the assessed value of the property.
® Writ of certiorari
® Petition for review – Reviews decision of the RTC or quasi-judicial agencies As per actions which regard real property, the general rule is that the jurisdiction is
determined by the assessed value of the property. However, any action which is
2 kinds of actions fileable in the RTC not a real action is a personal action, or actions which do not involve realty.
® Real
® Personal Jurisdiction is determined by the amount of the claim.

Recit questions: Venue Jurisdiction

Q: Jurisdiction of the RTC for real actions? The specific court within the level of The level of court which is
Q: For personal actions? courts identified. empowered to try and decide.

Concurrent jurisdiction over the writs Venue is waivable. The parties can
Court of Regional Trial agree to transfer venues within Metro Jurisdiction is not waivable.
Supreme Court
Appeals Court Manila.
Certiorari ✓ ✓ ✓
SC, CA, Sandiganbayan, CTA, RTC,
Mandamus ✓ ✓ ✓ Makati RTC Branch xx
MTC, MCTC, MTCC
Habeas Corpus ✓ ✓ ✓
Quo Warranto ✓ ✓ ✓
Q: Case is done in Makati, but the case was filed in Marawi. Is there something
Kalikasan ✓ ✓ ✓
wrong with the venue? Can the Marawi court take cognizance of the case?
Continuing A: Yes, since the question does not pertain jurisdiction, only the level of the court.
✓ ✓ ✓
Mandamus
Amparo ✓ ✓ Justice: So long as you can identify the level of the court, that is jurisdiction. Then,
Habeas Data ✓ ✓ having identified the jurisdiction, you then can identify the venue—which is the
precise court where you must file.
Recit questions:
Q: What are real actions? Q: The property is in Manila, but you file the case in the RTC of Pasay. Is it correct?
Q: Example/ of real action? A: The jurisdiction is correct because of the level of the court: RTC. But the venue
Q: What do you call the action where the main issue is the ownership of the is wrong since it must be filed in the RTC of Manila.
property?
Q: What are personal actions? How do you determine jurisdiction?
Q: 300,000 – Where will you file the case? Determine the principal claim. Just the principal claim. You do not add other fees.
Q: Demand for damages 400k, where?

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Q: An action which subject is incapable of pecuniary estimation? Doctrine of Judicial Stability – One court should not interfere with the workings
A: When you cannot monetize or convert its value to money; you cannot put a or decisions of another court of the same level.
price tag on that.
Doctrine of Ancillary Jurisdiction – This is when a court is given jurisdiction, and
What if personal & real actions are in the same action? that jurisdiction amounts to all ancillary matters.
It can happen. An example would be if there is an annulment of a contract of sale ® Ancillary matters – Those necessarily connected as being part of jurisdiction
of a land. The “annulment of a contract of sale” is the personal aspect, while the
“land” is the real aspect. Doctrine of In Aid of Appellate Jurisdiction – When an appellate court is granted
jurisdiction over a certain case, when a court has appellate jurisdiction over a
Two tests to determine decision, automatically it is conferred in that court appellate proceedings—an act
® Ultimate objective test in matters of certiorari.
• Fortune Motors vs. CA (178 SCRA 564)
• Gochan vs. Gochan (G.R. No. 146089, 13 December 2001) Appellate power = Certiorari power
® Nature of the case test
• De Leon vs. CA (287 SCRA 94) Doctrine of Equity Jurisdiction – A “euphemism”. A court, under the law, is
• Russell vs. Vestil (304 SCRA 738) allowed to use equity in the absence of law or when the law is ambiguous. So, if
there is a specific law, the courts cannot use equity. This is also called Judicial
Recit questions: Activism.
Q: Jurisdiction of the MTC?
Q: In personal action? Justice: So, be careful. The rule is equity before the law. However, under the
Constitution there are two cases which equity cannot be used: Evidence and Law.

DOCTRINES
Q: Should the courts consider the effect of its judgements in the economic and
social well-being of a nation?
Sibonghanoy Doctrine – When a party participates in a proceeding which has no
A: Yes, as per the case of Hanjin Engineering and Construction Co., Ltd. v. Court
jurisdiction, but doesn’t raise objection at any time, he cannot anymore raise the
of Appeals, G.R. No. 165910, 10 April 2006.
issue of jurisdiction as he is estopped.

Doctrine of Primary Jurisdiction – When an action requires a special knowledge Jurisdiction Exercise of Jurisdiction
or expertise, and such belongs to an administrative body, then the court should The power to try and decide a case
Anything that the court does once
refrain from taking action. The action must be in the administrative body until it is brought to it for which it has
jurisdiction is vested upon it.
terminated, especially if these cases invoke technical matters. jurisdiction.

Justice: Administrative bodies are those vested with the power to investigate, and
impose sanctions within their jurisdiction. They have quasi-judicial power, and they
can regulate, administer, and impose sanction. CHR is not a quasi-judicial court. It
can only recommend. Its primary duty is to investigate and to recommend to the
Sandiganbayan and Ombudsman.
If there is no jurisdiction, then all actions are deemed void. In addition, error in
judgment is correctible by appeal. But when the issue of jurisdiction is raised,
certiorari.

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Juridical power – The totality of the power of the judiciary as the third branch of Jurisdiction over the parties
the government.
Plaintiff – Automatically acquired once he files a petition or complaint
Jurisdiction over
Jurisdiction over the subject (res)
the subject matter Defendant – (1) Valid service of summons; or (2) Voluntary appearance of his
The object litigated whether it is person to the court
The nature of the case.
tangible or intangible.
When is this required?
Action in personam
Doctrine of the exhaustion of administrative remedies – The pleader must go
first to all other administrative bodies before going to court. When is this not required?
Quasi in rem; Action in rem
ASPECTS OF JURISDICTION
Action in personam – An action based on the privity of the contract or agreement
Jurisdiction of the subject matter
Action in rem – Decision is enforceable to the whole world. Thus, when A & B
Characteristics already nullified their marriage, their nullification is valid to the whole world.
® Conferred by law; Meaning, anywhere they go, they are no longer married to each other.
® Substantive law;
Quasi in rem – An action against the res. The court will take jurisdiction by a writ
® Jurisdiction is not qualified in jurisdiction itself;
of attachment.
® It cannot be subject of any agreement;
® It can be raised at any time, except when the question of jurisdiction depends
Preliminary Attachment – Custodia legis (custody of law)
on a question of fact;
® Effect of custodial legis? Once the court has custody of a property, the
® When there is no jurisdiction, all proceedings are void. However, when it has,
jurisdiction over the person is no longer important. Why? Because they
it can moto proprio dismiss the case.
already have jurisdiction over the res, or the subject property itself.

How is it determined?
® From the allegations of the complaint;
® When you receive a complaint, read all allegations, and if there is no specific
cause of action, file a motion to dismiss;
® Consult only the complaint;
® Determine the existence;
® Depend on the allegation in the complaint and not in the answer;
® The law enforced at the commencement of the action is important. However,
when the law is amended, follow what is in full force during that time.

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Q: Suppose a party has a promissory note worth 1M, but it is really just worth
P450K? Where do you file?
A: RTC
Q: Pag bumaba ng P300K? Pwede na ba siya ilipat sa MTC cause of the value?
A: Yes, it is the privilege of the claimants.
Q: If sa complaint P450, trial commences, tapos P250K lang pala. Tapos nung
pinakita na ebidensya, P200K nalang? RTC parin?
A: Yes, the evidence should not determine the jurisdiction, the complaint will.
Q: If the claim is P100K, and in the evidence however, P450K talaga. RTC na?
A: No, the evidence should not determine the jurisdiction, the complaint will.
Jurisdiction over the issues
The competence of the court to solve an issue of a case over a subject matter.
Pre-trial order – Where the court defines the issues that will govern the case.
Any evidence which does not retain any issue is inadmissible because it is
irrelevant. It has nothing to do with the issue. In addition, such decision cannot go
beyond the issues in the pre-trial order. Also, the appellate court cannot take into
consideration issues which are not part of the pre-trial order.
Interdictal cases
® Forcible entry
® Unlawful detainer
What’s the issue? Physical possession, or whether or not the defendant is entitled
to the possession.
Issue of damages cannot be determined by the first level courts since they can
only give the actual amount of compensation and nothing more.
What’s the issue in unlawful detainer?
W/N there is a lease contract
W/N the contract is in full force or has expired
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Q: Suppose that the lessee built improvements, then there was ejectment. What
happens to the improvements? If it is done in good faith?
Q: X and Y entered in a contract of lease, 5 years starting from August 8, 2014. It
is stipulated that it is renewable for another 5 years. At the end of the contract, Y
asks X to vacate. But X does not want. Y, however, points out that the renewal
must be a bilateral agreement. Can the Court resolve?
Accion publiciana – An action involving juridical possession of the property
(juridical; based on a title)
Accion interdictal – Physical possession
Possession de facto – Physical
Possession de jure - Juridical
Title – Any written authority vested upon a property
Justice: Only the probate court can identify the heirs, the composition of the
estate, the claims against the estate, and the validity of the transfer. (Idk why
napunta dito??)
Q: Can the court motu proprio have a man be subjected to DNA test?
A: Generally, no. However when there is evidence, yes.
Q: Can the court resolve a case of forcible entry via ownership?
A: Yes, but the resolution is merely temporary. Therefore subject to the overturn
of a superior court.
Jurisdiction over the case
® Filing of the case in court;
® Payment of docket fees, when required
Q: When is docket fee not required?
A: Writ of Amparo, Writ of Habeas Data, and Writ of Kalikasan
® The case must be justiciable (or triable by a regular court)
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Compliance with the pre-condition of filing General police investigation Custodial investigation
® Actions between members of the same family. There must be proof that
An investigation conducted by the
earnest efforts to amicably settle the case was given. Who are family No suspect yet.
police against a suspect.
members?
• Parents; There is already a suspect and the
• Children; police is investigating the crime
After a crime is committed, but still,
• Grandparents; already.
there is no suspect to the crime.
• Grandchildren
The right to counsel starts.
® Going to conciliation or mediation (Katarungang Pambarangay). If the
requisites are present, mandatory. If dissatisfied, dismissible.

Q: Can alimony pendente lite be done in criminal cases?

A: Yes. Rape which resulted in a child.

Prima facie case Prima facie evidence

Of evidence sufficient to establish the
cause of action or defense. An evidence sufficient to establish a
Collection of evidence is enough to fact and issue.
prove the cause of action.

De parte – A proceeding where there’s notice and hearing.

Ex parte – A proceeding that does not need prior notice and hearing.

Ex officio – Refers to a person assigned to represent another in a formal meeting.

De officio – Refers to an appointment by the court of a lawyer to serve pro bono

(counsel de officio; from among the available lawyers in town).

Bail Bail bond

A right The contract itself

“A has already submitted his bail

“A is entitled to bail.”
bond.”

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