CivPro Midterms

CIVIL PROCEDURE : ALS2014B : JACOB

CIVIL PROCEDURE

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Improper venue in civil cases is merely procedural and may be waived.

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venue depends on whether the action is in rem or in personam

JUDGE DE LA ROSA

  Principle of Judicial Heirarchy -

judicial system scheme

ladderized

o

actions in rem: place where the real property is involved or where a portion thereof is situated

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requires that lower courts initially decide on a case before it is considered by higher courts.

o

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The SC will not hear direct resorts to it unless redress cannot be obtained from the appropriate court.

actions in personam: place of residence of the plaintiff or defendant (at the option of the plaintiff)

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Established to avoid inordinate demands upon the Court’s time and attention and to preclude further clogging of the Court’s docket.

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follows

a

The Supreme Court is a court of last resort. o Its original jurisdiction to order extraordinary writs should be exercised only when:  absolutely necessary or  where serious and important reasons exist When the Principle May be Disregarded Special or important reasons, clearly and specifically set out in the petition.

Doctrine of Non-Interference / Doctrine of Judicial Stability -

Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. This principle bars a court from reviewing or interfering with the judgment of a coequal court over which it has no appellate jurisdiction or power to review.

Jurisdiciton and Venue, Distinguished Jurisdiction – is the power and authority of the court to hear and decide the case. -

Kinds of Jurisdiction A. General v. Special General – those with competence to decide on their own jurisdiction and to take cognizance of all cases, civil or criminal, of a particular nature. -

Special/Limited – those which have only a special jurisdiction for a particular purpose or are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind. B. Original v. Appellate Original – actions and proceedings are originally filed with said courts. Ex. MTC, MetroTC, MCTC, RTC with respect to cases originally filed to it. Appellate – when it has power of review over the decisions or orders of a lower court Ex. CA, RTC with respect to cases appealed from the MTC within its territorial jurisdiction, SC

jurisdiction is a matter of substantive law o construed to apply only to jurisdiction over the subject matter.

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Venue – is the place or the geographical area where an action is to be filed or tried

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venue is procedural not substantive

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venue in civil cases is not a matter of jurisdiction

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Venue is jurisdictional only in criminal cases.

a court is also general when it has competence to exercise jurisdiction over cases not falling within the jurisdiction of any judicial or quasi judicial tribunal, body, person.

CA, RTC and SC all have original jurisdiction over the issuance of writs of amparo or habeas data, but the principle of hierarchy shall still apply. SC has original jurisdiction over cases affecting ambassadors, public ministers, consuls and in cases involving a petition for certiorari, prohibition, mandamus.

C. Original v. Exclusive Original – jurisdiction to take cognizance of a case at its inception, try it and pass judgment upon the law and facts.

CIVIL PROCEDURE : ALS2014B : JACOB

Exclusive – precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others. •

a court may have both original and exclusive jurisdicition i.e. MTC over cases of forcible entry and unlawful detainer.

D. Concurrent -

also called coordinate jurisdiction o power of different courts to take cognizance of the same subject matter

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where there is concurrent jurisdiction, the court first taking cognizance assumes jurisdiction to the exclusion of other courts.

1.

SC and RTC in cases involving ambassadors, consuls, and other public ministers.

entitled to his claims asserted therein. GR: If by the allegations in the complaint it has jurisdiction, then it has jurisdiction regardless of future defenses or evidence. E: Ejectment Cases where the defendant averred the defense of the existence of a tenancy relationship between the parties. in which case, evidence may be presented and hearing on the matter of jurisdiction may be held.

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Ex.

2.

SC and CA in petitions for certiorari, prohibition, mandamus against RTC

3.

SC/CA/RTC in petitions for certiorari, prohibition, mandamus against lower courts, and in petitions of quo warranto and habeas corpus.

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Doctrine of Primary Jurisdiction o Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal.  Especially when special knowledge is required in the determination of the case.

GR: objections to jurisdiction over SM may be raised at any time during the proceedings E: doctrine of estoppel by laches (Tijam v. Sibonghanoy : wherein jurisdiction was assailed only after the court rendered an adverse decision on the part of the person assailing the jurisdiction.)

2.

Jurisdiction over the Parties a. Over plaintiff: by filing the complaint or petition b. Over the defendant: valid service of summons or by voluntary submission

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Jurisdiction over the person of the defendant is required only in an action in personam.

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Objection to the jurisdiction over the person of the defendant may be raised as a ground for Motion to Dismiss.

concurrent jurisdiction among courts of different ranks is still subject to the doctrine of hierarchy of courts.

Requisites for the Valid Exercise of Jurisdiction 1. -

Jurisdiction over the subject matter Conferred by law Cannot be waived, enlarged or diminished by stipulation. It is the duty of the court to determine jurisdiction over the SM based on their authority Once it determines that it has jurisdiction, it cannot decline to hear and decide the case Remedy in case court declines: mandamus No jurisdiction: dismiss motu proprio or o

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jurisdiction over the subject matter is the power to deal with the general subject involved in the action.

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How determined: o the allegations in the complaint, whether or not the plaintiff is

o

No motion is filed, objection is deemed waived.

3.

Jurisdiction over the Issue

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is the power of the court to try and decide issues raised in the pleadings of parties

How determined: based on the pleadings of both parties may be a question of law or a question of fact Question of Law: when the doubt or difference arises as to what the law is on a certain set of facts

CIVIL PROCEDURE : ALS2014B : JACOB

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Question of fact: when the doubt arises as to the truth or falsehood of the facts

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jurisdiction on the issues and parties are both procedural matters and not substantive

Special Jurisdiction a. Petitions for Habeas Corpus if: i. All RTC judges in the city or province are absent Summary Procedure 1. 2.

Jurisdiction of the MTC/MCTC/MeTC/MTCC 1.

2.

Jurisdictional Amount (Demands) a. Outside Manila: Not exceeding Php300,000 b. Inside Manila (MeTC): Not exceeding Php400,000 Exclusive original Jurisdiction Over a. All ejectment cases, regardless of whether there is a question of ownership or not. i. If an MTC decides on a question of ownership, its decision is merely provisional and for purposes of ejectment b. Accion Reinvindicatoria, Accion Publiciana where the assessed value does not exceed: i. Outside Metro Manila: Php 20K ii. Within: 50K iii. If property is not assessed, it will depend on the value of adjacent lots c. Actions involving personal property valued within its jurisdictional amount. (See no.1) d.

3.

Admiralty and Maritime Cases where the demand is within its jurisdictional amount.

e.

Probate, Testate and Intestate proceedings, where the gross value of the estate is within its jurisdictional amount.

f.

Provisional Remedies in cases where the principal action is within its jurisdiction.

Delegated Jurisdiction a. Cadastral and Land Registration Cases where there is: i. No controversy or opposition ii. Or if contested, the value of which does not exceed Php100K iii. Or, if delegated to them by the SC

Forcible Entry and Unlawful Detainer Cases All other claims where the total claim does not exceed Php100K (outside MM), Php200K (within MM) a. Probate proceedings are not covered by the rule on Summary Procedure even if the value falls under 100K or 200K

Rules on Small Claims (AM 08-8-7) 1. Rules on CivPro apply suppletorily insofar as they are not inconsistent with the AM. 2. Sec.2: Applicable to cases not exceeding Php100K excluding interests and costs. 3.

Sec. 4: MTC Courts should apply these to cases: a. purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, b.

the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.

Jurisdiction of the RTC •

The RTC is a court of GENERAL JURISDICTION because it can hear all cases, the jurisdiction of which is not specifically provided in the laws.

1.

Exclusive Original Jurisdiction a. Actions where the subject matter is not capable of pecuniary estimation. i.e. Specific performance. b. A. Publiciana, A. Reinvindicatoria where the assessed value exceeds Php 20K (outside MM), Php 50K (within) c. Civil actions where the claim exceeds the jurisdictional amount of the MTC. d. Admiralty / Maritime Jurisdiction when demand or claim is exceeds the jurisdictional amount of the MTC

CIVIL PROCEDURE : ALS2014B : JACOB

e.

f.

g.

h. 2.

Probate, Testate, Intestate Proceedings where the assessed value exceeds the jurisdictional amount of the MTC Actions involving personal property where the assessed value exceeds the jurisdictional amount of the MTC Cases not falling within the jurisdiction of any court, tribunal, person, or body exercising judicial or quasijudicial functions.

b.

3.

Intra-Corporate Disputes under PD 902-A (RA 8799)

Concurrent and original jurisdiction a. with the SC i. Actions affecting ambassadors, other public ministers and consuls b.

With the SC and the CA i. Petitions for Certiorari, prohibition, mandamus against lower courts and bodies ii. Quo Warranto and habeas corpus

3.

Appellate jurisdiction over cases decided by lower courts within their territorial jurisdiction.

4.

Special Jurisdiction to try special cases as delegated by the SC a. b. c. d. e.

Criminal Juvenile and domestic relations Agrarian cases Urban Land Reform not under the jurisdiction of quasi-judicial bodies and agencies Other special cases as may be determined by the SC

2.

Exclusive Original Jurisdiction a. Annulment of judgments of the RTC Concurrent and Original Jurisdiction a. With SC i. Issuance of writs of certiorari, prohibition and mandamus against 1. RTC 2. Civil Service Commission 3. Central board of Assessment Appeals 4. Quasi Judicial agencies mentioned in Rule 43 5. NLRC

Exclusive Appellate Jurisdiction a. By way of ordinary appeal from the RTC and Family Courts b. By way of petition for review for RTC decisions as an appellate court c. Decisions of CSC, Central Board of Assessment Appeals and those mentioned in Rule 43 d. Disciplinary Cases from the Office of the Ombudsman e. Cadastral and LRA decisions pursuant to the powers delegated to the MTC

Jurisdiction of the Supreme Court 1.

Exclusive original jurisdiction in petitions for certiorari, prohibition and mandamus against: a. CA b. COMELEC c. COA d. Sandiganbayan e. CTA

2.

Concurrent original jurisdiction with the CA in petitions for certiorari, prohibition and mandamus against: a. RTC b. Civil Service Commission c. Central Board of Assessment Appeals d. NLRC e. Quasi-Judicial agencies

3.

Concurrent Original Jurisdiction with the CA, RTC against lower courts for: a. Certiorari, prohibition and mandamus b. Quo Warranto, and Habeas Corpus

4.

Concurrent Original Jurisdiction with the RTC in cases affecting ambassadors, public ministers, and consuls

5.

Appellate Jurisdiction by way of petition for review on certiorari against

Jurisdiction of the CA 1.

With SC and RTC i. Issuance of writs of certiorari, prohibition, mandamus against lower courts ii. Quo warranto and habeas corpus whether or not in aid of its appellate jurisdiction

a. b. c. •

CA Sandiganbayan RTC

on pure questions of law and in cases involving the constitutionality of a law or treaty, PD, International or executive

CIVIL PROCEDURE : ALS2014B : JACOB

agreements, proclamations, orders, instructions, tax impost, ordinance, jurisdiction of a lower court. d.

other provincial department heads;

Jurisdiction of the Sandiganbayan (Sec.4, PD1606 as amended by RA7975 and 8249) 1.

Exclusive Original Jurisdiction a. Violations of the Anti-Graft and Corrupt Practices Act (RA3019) b.

2.

Violations of RA 1379: An Act Declaring Forfeiture of the State Any Property Found to Have Been Unlawfully Acquired By Any Public Officer or Employee and Providing for the Proceedings Therefor.

c.

Offenses or Felonies, whether Simple or Complexed with Other Crimes Committed by Public Officials and Employees

d.

Crimes mentioned in Chapter 2, Section 2, Title 7, Book 2 of the RPC:

e.

i. Direct Bribery ii. Indirect Bribery iii. Corruption of Public Officials Civil and criminal cases filed pursuant to and in connection with (series of 1986) i. EO 1 – Act creating the PCGG ii. EO 2 – Act regarding Marcoses’ ill-gotten wealth iii. 14, 14-A – Act giving the Sandiganbayan exclusive jurisdiction over all criminal and civil suits filed by the PCGG

City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurer, assessors, engineers, and other city department heads;

3.

Officials of the diplomatic service occupying the position of consul and higher;

4.

Philippine army and air force colonels, naval captains, and all officers of higher rank;

5.

Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;

6.

City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;

7.

Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;

b.

Members of Congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classification Act of 1989;

c.

Members of the judiciary without prejudice to the provisions of the Constitution;

d.

Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and

e.

All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.

Officials under the Exclusive Jurisdiction of the Sandiganbayan: a.

2. CTA in its decisions rendered EN BANC

Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade “27” and higher, specifically including: 1.

Provincial governors, vicegovernors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and

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If none of the accused are occupying positions corresponding to SG 27 or higher, or are not PNP and military officers as mentioned: o exclusive original jurisdiction shall be vested with the RTC, MTC, MeTC, MTCC as the case

CIVIL PROCEDURE : ALS2014B : JACOB

may be pursuant to jurisdictions under BP 129. 3.

their

injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction.

Concurrent Original Jurisdiction with the SC over petitions:

(2) Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:

a.

b.

4.

For the issuance of the writs of: i. Mandamus ii. Prohibition iii. Certiorari iv. Habeas Corpus v. Injunctions vi. Other ancillary writs and processes 1. In aid of its appellate jurisdiction Of similar processes including quo warranto arising or may arise from cases filed pursuant to the PCGG mandate

Exclusive Appellate Jurisdiction a.

Over final judgments, resolutions, or orders of: i. RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases within the Sandiganbayan’s exclusive original jurisdiction BUT are committed by those below Salary Grade 27.

PD1083: Code of Muslim Personal Laws

(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum; (b) All other personal and real actions not mentioned in paragraph 1 (d) 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; and (c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims. Article 144. Appellate jurisdiction. (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. Katarungang Pambarangay Law •

Art 137: Creates courts of limited jurisdiction called Shari’a District Courts.

Lupong Tagapamayapa or the Pangkat ng Tagapagkasundo o o

Article 143. Original jurisdiction.

o (1) The Shari'a District Court shall have exclusive original jurisdiction over: a. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code; b. 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 this Code; c. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and d.

All

petitions

for

mandamus,

prohibition,

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Aim: o o

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Proceedings are NOT judicial proceedings Not equivalent to baranggay “courts” They do not adjudicate, instead they attempt to Mediate or Conciliate  However, parties may agree in writing that the lupon adjudicate matters Only individuals may be parties to reduce number of court litigations to prevent deterioration of the quality of justice due to the indiscriminate filing of cases

Initiation of Proceedings Upon payment of the filing fees, the individual may complain orally or in writing

CIVIL PROCEDURE : ALS2014B : JACOB

2.

3.

to the chairman of the Lupon (Punong Barangay) Upon receipt, chairman shall summon the respondents within the next working day to appear. If the chairman fails in his mediation efforts st within 15 days from the 1 meeting, he shall set a date to constitute the Pangkat Tagapagkasundo.

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Court may refer cases to the Lupon even if not falling within the authority of the Lupon

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Form of Settlement

1. In writing 2. Language or dialect known to the parties 3. Signed by them and attested to by the lupon chairman or the pangkat chairman •

Personal Appearance of Parties

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o o

Required in all Katarungang Pambarangay proceedings Without the assitance of counsel or representatives  Minors and incompetents may be assisted by their next of kin who should not be lawyers.

GR: All disputes may be the subject of barangay settlement E: 1. If one party is the government or any of its instrumentalities/subdivisions 2. If one party is a public officer/employee and the dispute relates to the performance of his duties 3. Offenses with Max penalty: a. b. 4. 5.

6.

7.

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of imprisonment exceeding 1year fine exceeding 5K

No private offended party Involves real property located in different cities or municipalities a. Unless parties agree to submit to one appropriate Lupon Parties reside in different baranggays/cities/municipalities a. except if baranggay units adjoin each other; and b. The parties agree to submit to an appropriate lupon. Other classes of disputes which the President may determine in the interest of justice or upon recommendation of the Secretary of Justice. IF parties are not residents of the same city/municipality/adjoining baranggays o NO MANDATORY REQUIREMENT to submit dispute to lupon

Amicable

Settlement

and

1. Effect of Final judgment of Court upon expiration of 10 days from the date thereof, unless: a. Repudiation has been made b. petition to nullify the award has been filed with the proper court. 2. Repudiation: a. within 10 days b. in writing c. sworn by him d. filed with the lupon chairman e. Grounds: i. Vitiated Consent due to Fraud, Violence or Intimidation.

Subject Matters for Settlement

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Effect of Award

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Failure to repudiate amounts to waiver to challenge settlement on that ground.

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Importance of Barangay Concilliation

1. No complaint, petition, action or proceeding involving matters within the authority of the Lupon shall be filed with the Court or any other quasijudicial body UNLESS a. there had been a confrontation between the parties before the Lupon chairman, or the pangkat; and b. no conciliation or settlement has been reached as certified by the Secretary and attested by the chairman, or that there is such a settlement but it has been repudiated. 2. If the Lupon requirement was not met, the case should be dismissed without prejudice 3. Failure to undergo the barangay conciliation proceedings constitutes failure to state cause of action (Ground for a Motion to Dismiss) 4. Baranggay Conciliation is NOT a jurisdictional requirement, therefore if it is not raised seasonably in a motion to dismiss, it is deemed waived.