MY REVIEWER Remedial Law (Autosaved)

COVERAGE REMEDIAL LAW 2015 BAR EXAMINATIONS

1. General Principles 1.1. Concept of remedial law -

What is a REMEDIAL LAW?

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Is that branch of law which provides for the jurisdiction of courts and rules concerning pleading, practice, and procedure before the courts.

1.2. Substantive law vis-á-vis remedial law - What are the difference between Substantive Law and Remedial Law? SUBSTANTIVE LAW REMEDIAL LAW As to definition Is that part of the law that Is a law that prescribes the creates, defines and method of enforcing rights or regulates rights, or which obtains redress for their regulates the rights and invasion. duties which give rise to cause of action. As to vested rights Substantive law creates No vested rights may attach or vested rights. arise from Remedial law. As to creation of rights If the rule takes away a vested right, it is not procedural. If the rule creates a right such as the right to appeal, it may be classified as a substantive matter. As to application Substantive law is Remedial law may be made prospective in application applicable to action pending and undetermined at the time of their passage and are deemed retroactive in that sense and to that extent. As to source Substantive law originates Remedial law does not originate from the legislature from legislature but has the force and effect of the law.

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What are the primary sources of REMEDIAL LAW? The primary sources of Remedial law are the following: 1. B.P. Blg. 129 (The Judiciary Reorganization Act of 1981) and other special laws which provide for the jurisdiction of courts. 2. The Rules of Court. 3. Decisions of the Supreme Court 4. Circulars, Resolutions and other administrative issuances of the Supreme Court. 5. The Constitution, particularly Article VIII of the Constitution on the Judiciary.

1.3. Rule-making power of the Supreme Court -

- State the rule-making power of the Supreme Court. Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speed disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. -

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Is the power to promulgate rules concerning pleading, practice and procedure exclusive to the Supreme Court? YES. Unlike the 1935 and 1973 Constitutions, which empowered Congress to repeal, alter or supplement the rules of the Supreme Court concerning pleading, practice and procedure, the 1987 Constitution removed this power from Congress. Hence, the Supreme Court now has the sole authority to promulgate rules concerning pleading, practice and procedure in all courts. (In Re: Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal Fees, A.M. No. 08-2-01-0, February 11, 2010) - How are actions or proceedings classified? According to subject matter: 1. Real Action 2. Personal Action According to binding effect: 1. Action/proceeding in rem. 2. Action in personam. 3. Action quasi in rem. -

Define real action and a personal action.

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A real action is one which affects title to or possession of real property or interest therein. A personal action is one which does not affect title to or possession of real property or interest therein. 1. 2. 3. 4.

- Give examples of real actions. Action to recover possession or ownership of land. Foreclosure of real estate mortgage. Partition. Ejectment

- Give examples of personal actions. 1. Action to recover ownership or possession of personal property. 2. Action to annul marriage. 3. Action incapable of pecuniary estimation. -

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What is the importance or practical significance of distinguishing between a real action and personal action? The distinction is important for purposes of determining the venue of the action and the court having subject matter jurisdiction thereof. The venue of real actions is the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. On the other hand, venue of personal actions lies in the place where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendant resides at the election of the plaintiff.

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1. 2. 3. 4. 5.

What is an action in rem? An action or proceeding in rem is one which is not directed against a particular person but on the thing or res itself and the relief sought which is binding upon the whole world. The thing or res may be personal or real property or it may a status, right, or particular fact. - What is an action in personam? An action in personam is one which is directed against particular persons and seeks a relief which would be binding only upon such particular persons. Examples are action for sum of money or for specific performance. - What is an action quasi in rem? An action quasi in rem is one which is directed against particular persons but seeks the sale or disposition of defendant’s property or to subject the same to a lien or encumbrance. - Give examples of actions quasi in rem. Judicial foreclosure of mortgage. Action in personam in which property of the defendant has been attached. The attachment converts the action to one quasi in rem. Action for partition and accounting. Action to quiet title. Action for partition.

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What is the importance of distinguishing an action in personam from action in rem or quasi in rem? Extraterritorial service under Section 15, Rule 14 may be effected in actions in rem or quasi in rem but not in an action in personam. On the other hand Section 14, and 16 of Rule 14 apply to any action, including actions in personam. In preliminary attachment, the requirement of prior or contemporaneous service of summons shall not apply where the action is in rem or quasi in rem. 1.3.1 Limitations on the rule-making power of the Supreme Court -

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What are the limitations on the rule making power of the Supreme Court? (1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases (2) They shall be uniform for all courts of the same grade (3) They shall not diminish, increase, or modify substantive rights (Sec. 5[5], Art. VIII, Constitution). (4) The power to admit attorneys to the Bar is not an arbitrary and despotic one, to be exercised at the pleasure of the court, or from passion, prejudice or personal hostility, but is the duty of the court to exercise and regulate it by a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802) 1.3.2. Power of the Supreme Court to amend and suspend procedural rules -

(1)

Can the Supreme Court amend or suspend the procedural rules? When compelling reasons so warrant or when the purpose of justice requires it. What constitutes and good and sufficient cause that would merit suspension of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR 159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules: (a) the existence of special or compelling circumstances (b) merits of the case (c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules (d) a lack of ay showing that the review sought is merely frivolous and dilatory (e) the other party will not be unjustly prejudiced thereby (Sarmiento v. Zaratan, GR 167471, Feb. 5, 2007)

(2)

To relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure and the mere invocation of substantial justice is not a magical incantation that will automatically compel the Court to suspend procedural rules. (CuUnjieng v. CA, 479 SCRA 594)

(3)

Where substantial and important issues await resolution.

(4)

When transcendental matters of life, liberty or state security are involved. (Mindanao Savings Loan Asso. V. Vicenta Vda. De Flores, 469 SCRA 416). (5)

The constitutional power of the Supreme Court to promulgate rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court (Pinga vs. Heirs of Santiago, GR 170354, June 30, 2006).

1.4. Nature of Philippine courts 1.4.1. Meaning of a court

What is a court?  It is an organ of government belonging to the judicial department the function of which is the application of the laws to the controversies brought before it as well as the public administration of justice.  It is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the State enforces its sovereign rights and powers (21 CJS 16).  It is a board or tribunal which decides a litigation or contest (Hidalgo v. Manglapus, 64 OG 3189). 1.4.2. Court as distinguished from a judge

Distinguish Court from a Judge?  (1) A court is a tribunal officially assembled under authority of law; a judge is simply an officer of such tribunal; (2) A court is an organ of the government with a personality separate and distinct from the person or judge who sits on it; (3) A court is a being in imagination comparable to a corporation, whereas a judge is a physical person ; (4) A court may be considered an office; a judge is a public officer; and (5) The circumstances of the court are not affected by the circumstances that would affect the judge

Explain the rule that jurisdiction is conferred upon the court not the judge.  When a case subject in one branch, jurisdiction over the case does not attach to the branch or judge alone to the exclusion of the other branches. Trial maybe held or proceedings continue by and before

another branch or judge. The apportionment and distribution of cases do not involve a grant or limitation of jurisdiction; the jurisdiction attaches and continues to be vested in the RTC of the province, and the trials may be held by any branch or judge of the court. 1.4.3. Classification of Philippine courts

How are Philippine Courts are

classified?  First Level (MTCs, MeTCs, MCTCs) – which try and decide (1) criminal actions involving violations of city or municipal ordinances committed within their respective territorial jurisdiction and offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine and regardless of other imposable accessory or other penalties, and (2) civil actions including ejectment, recovery of personal property with a value of not more than P___000,000 outside MM or does not exceed P___,000 in MM;  Second Level (RTCs, Family Courts) – courts of general jurisdiction; among the civil actions assigned to them by law are those in which the subject of litigation is incapable of pecuniary estimation, or involving title to or possession of real property where the assessed value of the property exceeds P20,000 outside MM or exceeds P50,000 in MM, except actions for ejectment (forcible entry and unlawful detainer), or where the demand exclusive of interest, damages of whatever kind, attorney‘s fees, litigation expenses, and cost, or the value of the personal property or controversy exceeds P300,000 outside MM or exceeds P400,000 in MM. RTCs also exercise appellate jurisdiction, to review cases appealed from courts of the first level;  Third Level (Court of Appeals, Sandiganbayan) – CA is an appellate court, reviewing cases appealed to it from the RTC, on questions of fact or mixed questions of fact and law. Appeals to it decided by the RTC in the exercise of original jurisdiction are a matter of right; appeals with respect to cases decided by the RTC in the exercise of its appellate jurisdiction are a matter of discretion. Occasionally, CA may act as a trial court, as in actions praying for the annulment of final and executor judgments of RTCs on the ground of extrinsic fraud subsequently discovered, against which no other remedies lies. Sandiganbayan has jurisdiction over all criminal and civil cases involving graft and corrupt practices act, and such other offenses committed by public officers and employees including those in GOCCs in relation to their office. It also has exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs whether in the exercise of their own original or appellate jurisdiction over criminal and civil cases committed by public officers or employees including those in GOCCs in relation to their office.

 Fourth Level (Supreme Court) 1.4.4. Courts of original and appellate jurisdiction

What are the courts of original jurisdiction and those that are of appellate jurisdiction?  A court is one with original jurisdiction when actions or proceedings are originally filed with it. A court is one with appellate jurisdiction when it has the power of review over the decisions or orders of a lower court  MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate jurisdiction. RTC is likewise a court of original jurisdiction with respect to cases originally filed with it; and appellate court with respect to cases decided by MTCs within its territorial jurisdiction. (Sec. 22, BP 129)  CA is primarily a court of appellate jurisdiction with competence to review judgments of the RTCs and specified quasi-judicial agencies (Sec. 9[3], BP 129). It is also a court of original jurisdiction with respect to cases filed before it involving issuance of writs of certiorari, mandamus, quo warranto, habeas corpus, and prohibition. CA is a court of original and exclusive jurisdiction over actions for annulment of judgments of RTCs (Sec. 9 [1],[2], BP 129).  The SC is fundamentally a court of appellate jurisdiction but it may also be a court of original jurisdiction over cases affecting ambassadors, public ministers and consuls, and in cases involving petitions for certiorari, prohibition and mandamus (Sec. 5[1], Art. VIII, Constitution). The Supreme Court en banc is not an appellate court to which decisions or resolutions of a division of the Supreme Court may be appealed. 1.4.5. Courts of general and special jurisdiction

What are the courts of General Jurisdiction and those that are of special jurisdiction?  Courts of general jurisdiction are those with competence to decide on their own jurisdiction and to take cognizance of all cases, civil and criminal, of a particular nature. Courts of special (limited) jurisdiction are 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.

A court may also be considered “general” if it has the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions. It is in the context that the RTC is considered a court of general jurisdiction. 1.4.6. Constitutional and statutory courts

What is constitutional court?  A constitutional court is one created by a direct Constitutional provision. Example of this court is the SC, which owes its creation from the Constitution itself. Only the SC is a Constitutional court.

What is a statutory court?  A statutory court is one created by law other than the Constitution. All courts except the SC are statutory courts. SandiganBayan was not directly created by the Constitution but by law pursuant to a constitutional mandate. 1.4.7. Courts of law and equity

What is a court of law?  A court of law is any tribunal duly administering the laws of the land.

What is a court of equity?  A court of equity is a tribunal which rules according to the precepts of equity or justice, and is sometimes called “courts of conscience”. It adjudicates a controversy according to the common precepts of what is right and just without inquiring into the terms of the statutes.

Are Philippine Courts, courts of law?  BOTH. Our courts are both courts of law and of equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal. 1.4.8. Principle of judicial hierarchy

What is the principle of Judicial hierarchy?  It is the principle that requires litigant to initially seek the proper relief from the lower courts in those cases where the Supreme court has a concurrent jurisdiction with the CA and RTC to issue the extra ordinary writs (of mandamus, prohibition or certiorari) A higher court will not entertain direct resort of it unless the redress desired cannot be obtained in the appropriate courts.

Is the principle of Judicial Hierarchy absolute?  NO. In several cases, the court has allowed direct invocation of the Supreme Courts original jurisdiction on the following grounds: 1. Special and important reasons clearly stated in the petition; 2. When dictated by public welfare or advancement of public policy; 3. When demanded by broader interest of justice; 4. When challenged orders were patent nullities; 5. When analogous exceptional and compelling circumstances. 1.4.9. Doctrine of non-interference or doctrine of judicial stability

What is the doctrine of noninterference?  Courts of equal and coordinate jurisdiction cannot interfere with each other‘s orders. Thus, the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. 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. This doctrine applies with equal force to administrative bodies. When the law provides for an appeal from the decision of an administrative body to the SC or CA, it means that such body is co-equal with the RTC in terms of rand and stature, and logically beyond the control of the latter.

What

is

the

principle

of

Judicial

Courtesy?  It is a principle of law wherein in some instances where even if there is no writ of preliminary injunction or temporary restraining order is

issued by the higher court, it would be proper for the lower court or court of origin to suspend its proceedings. This applies where there is strong probability that the issues before the higher court would be rendered moot s a result of continuation of the proceedings in the lower court or court of origin. (Republic vs. Sandiganbayan, G.R. No.166859, June 26, 2006.)

2. Jurisdiction What is jurisdiction?  the power and authority of the court to hear, try and decide a case

Is jurisdiction substantive or procedural?  Both. Jurisdiction over subject matter is substantive as it is conferred by the constitution or by law; while jurisdiction over the person is acquired by voluntary submission to the authority of the court or through the exercise of its coercive processes and is therefore, procedural. Jurisdiction over the res is obtained by actual constructive seizure placing the property under the orders of the court and is also procedural. 2.1 Over the parties 2.1.1. How jurisdiction over the plaintiff is acquired 2.1.2. How jurisdiction over the defendant is acquired

What does jurisdiction over parties

mean?  It refers to the legal power of the court to render personal judgment against a party to an action or proceeding.

How jurisdiction over the plaintiff is acquired? It acquired by the plaintiff’s filing of the complaint or petition or other initiatory pleading. By doing so, he submits himself to the jurisdiction of the court. This, presupposes, however that docket fee has already been paid.

How jurisdiction over the defendant is

acquired? Jurisdiction over the person of the defendant is obtained either by a valid service of summons upon him or by his voluntary submission to the court‘s authority. It is worthy to note, however that, jurisdiction over the person of the defendant is required only in an action in personam; it is not a prerequisite in an action in rem and quasi in rem. It is enough that the court or tribunal has jurisdiction over the res.

What is the effect if the defendant voluntarily appeared before the court despite the absence of summons or the service of summons is defective? The defendant‘s voluntary appearance in the action shall be equivalent to service of summons, except under the following: (a) when defendant files the necessary pleading; (b) when defendant files motion for reconsideration of the judgment by default; (c) when defendant files a petition to set aside the judgment of default; (d) when the parties jointly submit a compromise agreement for approval of the court; (e) when defendant files an answer to the contempt charge; (f) when defendant files a petition for certiorari without questioning the court‘s jurisdiction over his person. 2.2 Over the subject matter 2.2 1. Meaning of jurisdiction over the subject matter

Define jurisdiction over the subject matter. It refers to the power to hear and determine cases of the general class in which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines it powers.

It is the power to deal with the general subject involved in the action, and means not simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case belongs. It is the power or authority to hear and determine cases to which the proceeding is question belongs. When a complaint is filed in court, the basic questions that ipso facto are to be immediately resolved by the court on its own: (a) What is the subject matter of their complaint filed before the court? (b) Does the court have jurisdiction over the said subject matter of the complaint before it? Answering these questions inevitably requires looking into the applicable laws conferring jurisdiction. 2.2 2. Jurisdiction versus the exercise of jurisdiction

Distinguish Jurisdiction from the exercise of jurisdiction. Jurisdiction is the power or authority of the court. The exercise of this power or authority is the exercise of jurisdiction. 2.2 3. Error of jurisdiction as distinguished from error of judgment

Distinguish Error of

jurisdiction from error of judgment (1) An error of jurisdiction is one where the act complained of was issued by the court without or in excess of jurisdiction. It occurs when the court exercises a jurisdiction not conferred upon it by law, or when the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack or jurisdiction.

(2) An error of judgment is one which the court may commit in the exercise of its jurisdiction. As long as the court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than mere errors of judgment. Errors of judgment include errors of procedure or mistakes in the court‘s findings. (3) Errors of judgment are correctible by appeal; errors of jurisdiction are correctible only by the extraordinary writ of certiorari. Any judgment rendered without jurisdiction is a total nullity and may be struck down at any time, even on appeal; the only exception is when the party raising the issue is barred by estoppel. (4) When a court, tribunal, or officer has jurisdiction over the person and the subject matter of the dispute, the decision on all other questions arising in the case is an exercise of that jurisdiction. Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgment. Under prevailing procedural rules and jurisprudence, errors of judgment are not proper subjects of a special civil action for certiorari. 2.2 4. How jurisdiction is conferred and determined

How is jurisdiction determined? Jurisdiction over the subject matter is determined by the allegation of the complaint regardless of whether the plaintiff is entitled to the claims asserted therein. It is not determined by the defenses in the answer or motion to dismiss, except the defense of TENANCY. It is neither determined by the evidence in the trial nor consent or agreement by the parties. It is not even determined by estoppel.

Is jurisdiction over the subject matter conferred by substantive law or procedural law? What about jurisdiction over the parties? Jurisdiction is a matter of substantive law because it is conferred by law. This jurisdiction which is a matter of substantive law should be construed to refer only to jurisdiction over the subject matter. Jurisdiction over the parties, the issues and the res are matters of procedure. The test of jurisdiction is whether the court has the power to enter into the inquiry and not whether the decision is right or wrong.

What is the duty of the court before it looks to the other matter of the case? It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in the case. If the court finds that it has jurisdiction, it is the duty of the court to exercise the jurisdiction conferred upon it by law and to render a decision in a case properly submitted to it. It cannot decline to exercise its jurisdiction. Failure to do so may be enforced by way of mandamus proceeding. 2.2 5. Doctrine of primary jurisdiction

Discuss the doctrine of

primary jurisdiction. This doctrine provides that where jurisdiction is vested upon an administrative body, no resort to courts may be made until such administrative body shall have acted upon the matter.

Courts 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. 2.2 6. Doctrine of adherence of jurisdiction

What does the Doctrine of Adherence of jurisdiction (Continuity of Jurisdiction) mean? It means that, once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. This principle also means that once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case.

Juan de la Cruz seeks to recover P500,000 from Pedro Santos so he filed a case with the RTC. During the trial, Juan de la Cruz was able to prove that his entitlement is only P150,000 which is below the jurisdictional amount of the RTC. Can the court validly render a judgment for the sum of P150,000? Yes. Under the doctrine of adherence of jurisdiction, once the court acquires jurisdiction over the case, the court continues to exercise such jurisdiction until its final adjudication even if the amount awarded is below the jurisdictional amount under the law. Also, what determines the jurisdiction of the court is not the amount awarded but the amount sought to be recovered as shown in the allegations inn the complaint. 2.2 7. Objections to jurisdiction over the subject matter

May the court motu proprio dismiss the case if it finds that it has no jurisdiction over the subject matter? YES. When it appears from the pleadings or evidence on record that the court has no jurisdiction over the subject matter, the court shall dismiss the same. (Sec. 1, Rule 9). The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction.

When may a party raise the issue of jurisdiction over the subject matter? A party may object to the jurisdiction of the court as a ground in a motion to dismiss or as an affirmative defense in the answer.

What is an

“omnibus

motion rule”? It means that a motion attacking a pleading, like motion to dismiss, shall include all grounds available and objections not included shall be deemed waived.

Is failure to object on the ground of lack of jurisdiction included in the “omnibus motion rule”? NO. The defense of lack of jurisdiction over the subject matter is however, a defense not barred by the failure to invoke the same in a motion to dismiss already filed. Even if a motion to dismiss was filed and the issue of jurisdiction was not raised therein, a party may, when he files an answer, raise the lack of jurisdiction as an affirmative defense because this defense is not barred under the omnibus motion rule.

At what stage of the proceedings may the question of jurisdiction be raised? Objection to the court’s jurisdiction over the subject matter may be raised at any time during the proceedings, even for the first time on appeal. When the court dismisses the complaint for lack of jurisdiction over the subject matter, it is common reason that the court cannot remand the case to another court with the proper jurisdiction. Its only power is to dismiss and not to make any other order. 2.2 8. Effect of estoppel on objections to jurisdiction

What is the effect of

estoppel on objection to jurisdiction? While it is true that jurisdiction over the subject matter may be raised at any stage of the proceedings since it is conferred by law, nevertheless belated objection to jurisdiction that was raised only after an adverse decision was rendered by the court against the party raising the issue of jurisdiction and after seeking affirmative relief from the court and after participating in all stages of the proceedings can no longer raise it on the ground of estoppel (estoppel by laches). This doctrine is based upon grounds of public policy and is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted (Tijam vs. Sibonghanoy, G.R. No. L21450, April 16, 1968).

Is the doctrine in Tijam vs. Sibonghanoy on estoppel by laches the general rule? NO. The ruling in Tijam that a party is estopped from questioning the jurisdiction applies only to exceptional circumstances. What is still controlling is that jurisdiction over the subject matter of the action is a matter of law and may not be conferred by consent or agreement of the parties.

Did the Supreme Court adopt the doctrine in Tijam vs. Sibonghanoy in the rules of court? YES. The doctrine is already incorporated in Section 3, Rule 47. It states that an annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of RTC for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of petitioner must be filed within four (4) years from its discovery, if based on extrinsic fraud; and if based on lack of jurisdiction, before it is barred by laches or estoppel. 2.3. Over the issues

What is an issue? It is a disputed point or question to which parties to an action have narrowed down their several allegation and upon which they are desirous of obtaining a decision.

How is jurisdiction over

the issues conferred and determine? It is generally conferred and determined by the pleadings of the parties. The pleadings present the issues to be tried and determine whether these are of fact or of law. Jurisdiction over the issues may also be conferred by: 1. Stipulation of parties; 2. By waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. 2.4 Over the res or property in litigation

What is jurisdiction over the res? Jurisdiction over the res refers to the court’s jurisdiction over the thing or the property under litigation.

How is jurisdiction over

the res acquired? Jurisdiction over the res may be acquired by the court by placing the property of thing under its custody (custodia legis). Example: attachment of property. It may also be acquired by the court through statutory authority conferring upon it the power to deal with the property or thing within the court‘s territorial jurisdiction. Example: suits involving the status of the parties or suits involving the property in the Philippines of non-resident defendants. Jurisdiction over the res is acquired by the seizure of the thing under legal process whereby it is brought into actual custody of law, or it may result from the institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective (Banco Español Filipino vs. Palanca, 37 Phil. 291). 2.5. Jurisdiction of courts

OUTLINE THE JURISDICTION OF THE COURTS

2.5.1. Supreme Court

(1) Exclusive original jurisdiction in petitions for certiorari, prohibition and mandamus against the CA, COMELEC, COA, Sandiganbayan. (2) Concurrent original jurisdiction (a) With Court of Appeals in petitions for certiorari, prohibition and mandamus against the RTC, CSC, Central Board of Assessment Appeals, Quasi-judicial agencies, and writ of kalikasan, all subject to the doctrine of hierarchy of courts.

(b) With the CA and RTC in petitions for certiorari, prohibition and mandamus against lower courts and bodies and in petitions for quo warranto, and writs of habeas corpus, all subject to the doctrine of hierarchy of courts. (c) With CA, RTC and Sandiganbayan for petitions for writs of amparo and habeas data (d) Concurrent original jurisdiction with the RTC in cases affecting ambassadors, public ministers and consuls. (3) Appellate jurisdiction by way of petition for review on certiorari (appeal by certiorari under Rule 45) against CA, Sandiganbayan, RTC on pure questions of law; and in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court; and CTA in its decisions rendered en banc.

2.5.2. Court of Appeals (1) Exclusive original jurisdiction in actions for the annulment of the judgments of the RTC. (2) Concurrent original jurisdiction (a) With SC to issue writs of certiorari, prohibition and mandamus against the RTC, CSC, CBAA, other quasi-judicial agencies mentioned in Rule 43, and the NLRC, and writ of kalikasan. (b) With the SC and RTC to issue writs of certiorari, prohibition and mandamus against lower courts and bodies and writs of quo warranto, habeas corpus, whether or not in aid of its appellate jurisdiction, and writ of continuing mandamus on environmental cases. (c) With SC, RTC and Sandiganbayan for petitions for writs of amparo and habeas data (3) Exclusive appellate jurisdiction (a) by way of ordinary appeal from the RTC and the Family Courts. (b) by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction. (c) by way of petition for review from the decisions, resolutions, orders or awards of the CSC, CBAA and other bodies mentioned in Rule 43 and of the Office of the Ombudsman in administrative disciplinary cases. (d) over decisions of MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction; this is because decisions of MTCs in these cases are appealable in the same manner as decisions of RTCs.

2.5.3. Court of Tax Appeals (1) Exclusive original or appellate jurisdiction to review by appeal (a) Decisions of CIR in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR; (b) Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial; (c) Decisions, orders or resolutions of the RTCs in local taxes originally decided or resolved by them in the exercise of their original or appellate jurisdiction; (d) Decisions of the Commissioner of Customs (1) in cases involving liability for customs duties, fees or other charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or (2) other matters arising under the Customs law or other laws, part of laws or special laws administered by BOC; (e) Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; (f) Decision of the secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the government under Sec. 2315 of the Tariff and Customs Code; (g) Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or not to impose said duties. (2) Exclusive original jurisdiction (a) Over all criminal cases arising from violation of the NIRC of the TCC and other laws, part of laws, or special laws administered by the BIR or the BOC where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less that P1M or where there is no specified amount claimed (the offenses or

penalties shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate); (b) In tax collection cases involving final and executory assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M tried by the proper MTC, MeTC and RTC. (3) Exclusive appellate jurisdiction (a) In criminal offenses (1) over appeals from the judgment, resolutions or orders of the RTC in tax cases originally decided by them, in their respective territorial jurisdiction, and (2) over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction; (b) In tax collection cases (1) over appeals from the judgments, resolutions or orders of the RTC in tax collection cases originally decided by them in their respective territorial jurisdiction; and (2) over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs in their respective jurisdiction.

2.5.4. Sandiganbayan (1) Original jurisdiction in all cases involving (a) Violations of RA 3019 (Anti-Graft and Corrupt Practices Act) (b) Violations of RA 1379 (Anti-Ill-Gotten Wealth Act) (c) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the principal accused are occupying the following positions in the government, whether in permanent, acting or interim capacity at the time of the commission of the offense 1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (RA 6758) 2. Members of Congress and officials thereof classified as G27 and up under RA 6758 3. Members of the Judiciary without prejudice to the provisions of the Constitution

4. Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the Constitution 5. All other national and local officials classified as Grade 27 and higher under RA 6758 (d) Other offenses or felonies committed by the public officials and employees mentioned in Sec. 4(a) of RA 7975 as amended by RA 8249 in relation to their office (e) Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14-A (Sec. 4, RA 8249) (2) Concurrent original jurisdiction with SC, CA and RTC for petitions for writs of habeas data and amparo

2.5.5. Regional Trial Courts (1) Exclusive original jurisdiction (a) matters incapable of pecuniary estimation, such as rescission of contract (b) title to, possession of, or interest in, real property with assessed value exceeding P20,000 (outside Metro Manila), or exceeds P50,000 in Metro Manila (c) probate proceedings where the gross value of the estate exceeds P300,000 outside MM or exceeds P400,000 in MM (d) admiralty or maritime cases where the demand or claim exceeds P300,000 outside MM or exceeds P400,000 in MM (e) other actions involving property valued at more than P300,000 outside MM or more than P400,000 in MM (f) criminal cases not within the exclusive jurisdiction of the Sandiganbayan (2) Original exclusive jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions (3) Original and exclusive jurisdiction to hear and decide intra-corporate controversies: (a) Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the

stockholders, partners, members of associations or organizations registered with the SEC (b) Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation , partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity (c) Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations (d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee. (4) Concurrent and original jurisdiction (a) with the Supreme Court in actions affecting ambassadors, other public ministers and consuls (b) with the SC and CA in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto, habeas corpus, and writ of continuing mandamus on environmental cases (c) with the SC, CA and Sandigabayan in petitions for writs of habeas data and amparo (5) Appellate jurisdiction over cases decided by lower courts in their respective territorial jurisdictions (6) Special jurisdiction over JDRC, agrarian and urban land reform cases not within the exclusive jurisdiction of quasi-judicial agencies when so designated by the SC.

2.5.6. Family Courts Under RA 8369, shall have exclusive original jurisdiction over the following cases: (1) Petitions for guardianship, custody of children and habeas corpus involving children

(2) Petitions for adoption of children and the revocation thereof (3) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to 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 (4) Petitions for support and/or acknowledgment (5) Summary judicial proceedings brought under the provisions of EO 209 (Family Code) (6) Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cognizable under PD 603, EO 56 (1986) and other related laws (7) Petitions for the constitution of the family home (8) In areas where there are no Family Courts, the aboveenumerated cases shall be adjudicated by the RTC (RA 8369)

2.5.7. Metropolitan Trial Courts/Municipal Trial Courts (1) Criminal cases (a) Exclusive original jurisdiction 1. Summary proceedings for violations of city or municipal ordinances committed within their respective territorial jurisdiction, including traffic laws 2. offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of the kind, nature, value or amount thereof; provided however, that in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof (Sec. 2, RA 7691). (2) Civil actions (a) Exclusive original jurisdiction 1. civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount the demand does not exceed P200,000 outside MM or does not exceed

P400,000 in MM, exclusive of interest, damages of whatever kind, attorney‘s fees, litigation expenses, and costs. 2. Summary proceedings of forcible entry and unlawful detainer, violation of rental law 3. title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000 outside MM or does not exceed P50,000 in MM (3) Special jurisdiction over petition for writ of habeas corpus and application for bail if the RTC Judge in area is not available (4) Delegated jurisdiction to hear and decide cadastral and land registration cases where there is no controversy provided the value of the lad to be ascertained by the claimant does not exceed P100,000

2.5.8. Shari’a Courts 2.6. Over small claims; cases covered by the Rules on Summary Procedure and Barangay conciliation JURISDICTION OVER SMALL CLAIMS (1) MTCs, MeTCs and MCTCs shall have jurisdiction over actions for payment of money where the value of the claim does not exceed P100,000 exclusive of interest and costs (Sec. 2, AM 08-8-7-SC, Oct. 27, 2009). (2) Actions covered are (a) purely civil in nature where the claim or relief prayed for by the plaintiff is soley for payment or reimbursement of sum of money, and (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 (Sec. 4, AM 08-8-7-SC). These claims may be: (a) For money owed under the contracts of lease, loan, services, sale, or mortgage; (b) For damages arising from fault or negligence, quasi-contract, or contract; and (c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim pursuant to Sec. 417 of RA 7160 (LGC). CASES COVERED BY RULES ON SUMMARY PROCEDURE (SEC. 1, RSP) (1) Civil Cases (a) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney‘s fees are awarded, the same shall not exceed P20,000;

(b) All other cases, except probate proceedings where the total amount of the plaintiff‘s claim does not exceed P100,000 (outside MM) or P200,000 (in MM), exclusive of interest and costs. (2) Criminal Cases (a) Violations of traffic law, rules and regulations; (b) Violation of the rental law; (c) All other criminal cases where the penalty prescribed is imprisonment not exceeding six (6) months, or fine not exceedint P1,000, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom, provided, that in offenses involving damage to property through criminal negligence, RSP shall govern where the imposable fine does not exceed P10,000. (3) SRP does not apply to a civil case where the plaintiff‘s cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. CASES COVERED BY THE RULES ON BARANGAY CONCILIATION (1) The Lupon of each barangay shall have the authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes except: (a) Where one party is the government or any subdivision or instrumentality thereof (b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions (c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P5,000 (d) Offenses where there is no private offended party (e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon (f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon (g) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice (h) Any complaint by or against corporations, partnerships, or juridical entities. The reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents

(i) Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically: 1. A criminal case where the accused is under police custody or detention 2. A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf 3. Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin and support pendente lite 4. Where the action may be barred by statute of limitations (j) Labor disputes or controversies arising from employer-employee relationship (k) Where the dispute arises from the CARL (l) Actions to annul judgment upon a compromise which can be directly filed in court. 2.7 Totality rule

What is the “totality rule”? Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose out of the same or different transactions (Sec. 33[1], BP 129).

conferred waiver?

May Jurisdiction be

NO. It is not the same with venue where the same can be a subject of agreement or stipulation by the parties or it may waived.

May

jurisdiction

be

conferred by estoppel? Strictly speaking no. A party maybe barred by estoppel from challenging the jurisdiction of the court.

Petitioners bought a parcel of land from private respondent Lucky Homes, Inc. Said lot was specifically denominated in the deed of sale as Lot 19 and was mortgaged to the SSS as security for Petitioners’ housing loan. Petitioners started the construction of their house on Lot 18 as lot 19. Upon realizing its error, the Private Respondent advised Petitioners but the latter offered to buy Lot 18 in order the widen their premises. Thus Petitioners continued the construction of their house. Petitioners defaulted in their housing loan so Lot 19 was foreclosed by the SSS and Petitioners’ title over the certificate of title was cancelled and a new one issued in favor of the SSS. The Petitioners then offered to swap Lot 18 and Lot 19 and demanded from Private Respondent that the contract of sale be reformed to indicate Lot 18 as the subject of the sale. Private Respondent refused so the Petitioners filed an action for reformation of contract against the Petitioner with the RTC. After trial, the RTC rendered a decision dismissing Petitioners’ complaint for lack of merit and ordering Petitioners to pay moral damages and attorney’s fees to Private Respondent. The judgment became final and a writ of execution was issued. Petitioners opposed the writ claiming that the RTC did not

have jurisdiction. Subsequently the Petitioners filed a complaint with the HLURB involving the same subject matter. The petitioners then filed with the Court of Appeals a petition for annulment of the RTC judgment under Rule 47. The petitioners contended that the RTC did not have jurisdiction since the subject matter of the case was a subdivision lot and hence the lies with the HLURB. May the Court of Appeals annul the RTC decision?  No. the Petitioners are estopped from challenging the jurisdiction of the RTC. In the case at bar, it was Petitioners themselves who invoked the jurisdiction of the court a qou by instituting an action for reformation of the contract against Private Respondents. It appears that in the proceedings before the trial court, Petitioners vigorously asserted their cause from start to finish. Not even once did Petitioners ever raise the issue of the court’s jurisdiction during the entire proceedings which lasted for two years. It was only after the trial court rendered its decision and issued a writ of execution against them did Petitioners first raise the issue of jurisdiction and it was only because said decision was unfavorable to them. The Petitioners thus effectively waived their right to question the court’s jurisdiction over the case they tehmesleves filed. The Court frowns upon the undesirable practice of a party submitting his case for decision and then accepting the judgment but only if favorable and attacking it for lack of jurisdiction if not. (Gozaga versu Court of Appeals, G.R. No. 144025, December 27, 2002)

What is meant by a civil action in which the subject of litigation is incapable of pecuniary estimation? Before defining an action incapable of pecuniary estimation, it might be worthwhile to define first an action which is capable of pecuniary estimation. An action capable of pecuniary estimation is one wherein the primary or principal relief sough is a claim for a sum of money or the assertion of title to or possession of personal or real property. In such a case the action is capable of pecuniary estimation based on the amount of the monetary claim or the value of the personal or real property.

Conversely, an action incapable of pecuniary estimation is one wherein the primary or principal relief sought is not a claim for a sum of money or the assertion of title to or possession of personal or real property but some other primary or principal relief which cannot be valued in money terms.

Give examples of civil actions in which the subject of the litigation is incapable of pecuniary estimation. 1. Specific performance; 2. Rescission or annulment of contract; 3. Injunction; 4. Declaratory relief; 5. Reformation of contract; 6. Action for revival of judgment; 7. Citizen suit.

Is an action for quasidelict one which is incapable of pecuniary estimation? No. Action for quasi-delict is capable of pecuniary estimation, based on the amount of the damages being claimed. (Iniego v. Purganan, G.R. 166876, March 24, 2006)

Is an action for foreclosure of real estate mortgage an action incapable of pecuniary estimation? NO. It a real action which affects the title to or possession of the mortgaged realty as the foreclosure sale would divest the mortgagor and the junior encumbrancers of their title over the realty. Hence jurisdiction is not exclusively with the RTC but with the MTC or RTC depending upon the assessed value of the realty mortgage.

Is an action for partition of real property incapable of pecuniary estimation? NO. It is a real action capable of pecuniary estimation, that is, the assessed value of the realty.

Clause 7 of the lease contract between the Plaintiff lessor and the Defendant lessee granted the latter upon the expiration of the 10-year lease contract, the right to purchase the building subject of the lease and that should the defendant not exercise their right, the lease shall be automatically renewed and that in case of said renewal the rental shall be adjusted by the parties depending on the prevailing business condition. The defendant

did not exercise his right so he contended that the lease was automatically renewed. On the other hand the Plaintiff contended that the lease could only be automatically renewed upon agreement of the parties. The Plaintiff filed with the municipal court an action for unlawful detainer against the defendant. In his answer the defendant raise the issue that the municipal court did not have jurisdiction since the action is incapable of pecuniary estimation as the controversy hinges on the interpretation of clause 7. Does the municipal court have jurisdiction? NO. the complaint and the answer show that the jugular vein of the controversy hinges on the correct interpretation of clause 7 of the lease contract. Hence the action was not for unlawful detainer but one incapable of pecuniary estimation and beyond the competence of the municipal court

Plaintiff lapitan filed with the CFI a complaint against Scandia Inc. for rescission of contract and for damages of P8,735. The complaint alleges that Plaintiff bought from the Defendant a 16-horsepower ABC diesel engine for P3,735; that he bought the same for running a rice and corn mill; that Defendant had warranted that all spare parts for said engine are kept in stock in its stores; that the camrocker of the engine broke down due to faulty workmanship; that it 2 months for Defendant to send him replacement part; and that the new part soon broke down again. Plaintiff prayed for the rescission of the contract, the reimbursement of the price, and actural damages of P4,000. After filing its answer disclaiming liability, the Defendant moved to dismiss the complaint on the ground of lack of jurisdiction since the amount claimed, P8735, is below the jurisdictional amount of P10,000 and thus within the jurisdiction of the municipal court. Should the trial court grant the motion to dismiss? No. The subject matter of actions for rescission of contracts is not capable of pecuniary estimation. If an action is primarily for the recovery of a sum of money, it is one capable of pecuniary estimation. However, where the basic issue is something other than the right to recover a sum of money, or where the money claim is purely incidental to or a consequence of, the principal relief sought, the action would be one incapable of pecuniary estimation. No award for damages may be

had in an action for rescission without first conducting an inquiry into matters which would justify the setting aside of a contract.

In 1969 Ortigas and Company, Ltd. And Samson entered into a agreement whreby in consideration of P55,430 the former agreed to sell to the latter a land with a condition that should Samson complete the construction and painting of his house on the lot within 2 years, Ortigas and Company would agree to refund to Samson the amount of P4,820. Ortigas filed a motion to dismiss on the groundthat the City court has no jurisdiction. Samson countered that the amount of the refund claim is below the jurisdictional amount of P10,000. Should the city court dismiss the complaint? Yes. The action involved is one for specific performance and not for a sum of money and therefore incapable of pecuniary estimation. This is because what Samson seeks is the performance of Ortigas’ obligation under a written contract to make refund but under certain specific conditions still to be proved or established. In the case for the recovery of a sum of money, as the collection of a debt, the claim is capable of pecuniary estimation because the obligation to pay the debt is not conditioned upon any specifc fact or matter. But when a party to a contract has agreed to refund to the other party a sum of money upon compliance by the latter of certain conditions and only upon compliance therewith may wht is legally due him under the written contract be demanded, the action is one not capable of pecuniary estimation. The payment of sum of money is incidental which can only be ordered after a determination of a certain acts the performance of which being the more basic issue to be inquired into. (Ortigas and Company, Ltd. V. Herrera, 120 SCRA 89)

In the preceding question, would your answer be the same if Ortigas and Company, Ltd. Agreed to refund Samson after 2 years from the contract date and Samson filed a complaint against Ortigas and Company for refund? No. my answer would not be the same. Here the refund of P4,820 is not conditioned upon any specific fact or matter but upon the mere expiration of 2 years from the contract date and Samson filed a complaint against Ortigas and Company for the refund.

Which court has jurisdiction over expropriation proceeding cases? Jurisdiction over eminent domain cases lies with the RTC. An expropriation case is one whose subject matter is incapable of pecuniary estimation.

Plaintiff engaged X to construct a water tank for him for a price of P1,000,000. Plaintiff withheld delivery of the last payment of P30,000 to X since X’s supplier S had made a claim to the same. Unable to determine who between X and S is entitled to the P30,000 payment, Plaintiff filed with the RTC of Las Pinas City an action

for interpleader against X and S to determine who between them is entitled to the P30, 000, X filed a motion to dismiss on the ground that the RTC has no jurisdiction over the action. Should the motion to dismiss be granted? Yes, the MTC has no jurisdiction over the case since the amount subject of the interpleader does not exceed P400,000. Under B.P. 129 the MTc has jurisdiction over civil actions where the value of the personal property, estate, or amount of the demand does not exceed P400,00.

In an action for consignation, what court should it be filed? Since Consignation is an action incapable of pecuniary estimation, it should be filed before the RTC.

Plaintiff filed with the RTC an action for specific performance to compel a builder to finish the construction of the house or to pay him the sum of P250,000. The Defendant builder filed a motion to dismiss on the ground that jurisdiction is with the MTC since the amount of the claim does not exceed P300,000. The plaintiff oppose the motion to dismiss arguing that the complaint to compel defendant to finish the construction is one for specific performance and thus an action incapable of pecuniary estimation. a. Should the RTC grant the motion to dismiss? b. Would your answer be the same if what the plaintiff filed was an action for specific performance to compel the builder to finish the construction of the house and pay him P250,000? a. Yes. The alternative relief for damages made the action for specific performance capable of pecuniary estimation. Hence the jurisdiction

lies with the MTC since the amount of the claim does not exceed P300,000. b. No. my answer would not be the same. In that case the action would be for specific performance and thus incapable of pecuniary estimation. The claim for P250,000 is not an equivalent of the action for specific performance since it was prayed for as additional rather than an alternative relief.

P was a record owner of 100 shares of stock in a particular corporation. Upon his return from the US., he discovered that the shares in his name were cancelled and new shares issued in favor of another person. P filed an action against the latter for assignment of shares of stock in his favor. Was the action to compel the assignment of share of stock one which is incapable of pecuniary estimation? No. An action to compel the assignment of shares of stock is an action for recovery of personal property rather than one incapable of pecuniary estimation.

Santos ‘s car was bumped by a truck driven by pinion and owned by Iniego the employer of Pinion. Santos filed an action for quasi-delict against Pinion and Iniego with the RTC of Manila. In the prayer of his complaint, Santos asked for P40,000 as actual damages, P300,000 as moral damages, P150,000 as exemplary damages and attorney’s fees for P150,000. The moral damages and exemplary damages were prayed for because of Defendant’s adamantine refusal to pay the actual damages. Who has jurisdiction over the action? It is the RTC which has jurisdiction. The moral damages and exemplary damages are included in computing the juridi tional amount of P400,000 since said damages arose from the same cause of action,

that is, quais delict. The total claim of P490,000 thus falls within the jurisdiction of the RTC.

Petitioner filed on 22 August 1996 with the MTC an action “for damages with writ of replevin” against the Respondent wherein it prayed for the return of the forklift or in the alternative if the return cannot be made the payment of tis actual market value of P150,000 and for the payment of unpaid rentals of P11,000 a month starting from April 1995 until reposition of the forklift. At the time of the complaint’s filing, the outstanding unpaid rentals had amounted to P180,000. Petitioner also prayed for exemplary damages of P1,000,000 and attorney’s fees of P50,000. Does the MTC have jurisdiction over the Petitioner’s complaint? No. The value of the forklift is P150,000. It cannot be said that the actual damages in the form or unpaid rentals is just incidental to the action for the return of the forklift, considering that the petitioner had specifically sought not only the seirzure fo the forklift but likewise the unpaid and outstanding rentals. Pursuant to SC Ad. Cir. 09-94 the P180,000 is included in the computation. P150,000+P180,000=330,000 which is over jurisdictional amount of P200,000. Hence the MTC does not have jurisdiction. NOTE: the exemplary damages and attorney’s fees are not included in the computation.

D borrowed P200k from C evidenced by a promissory note which loan was secured by a chattel mortgage executed by D over his car worth P450k. D failed to pay despite demand so C filed an action with the MeTC of Paranaque City to collect P250k from D and /or to foreclose upon the chattel mortgage. D filed a motion to

dismiss for lack of jurisdiction. Should motion to dismiss be granted? Yes. It is the RTC which has jurisdiction because of the alternative relief which prays for the foreclosure of a chattel in the amount exceeding P400,000.

A complaint for sum of money (P350k) is filed before MTC in Pasay City. The plaintiff also applied for writ of replevin to seize the car of the defendant valued P500k. The defendant filed a motion to dismiss contending that the court has no jurisdiction. Decide. No. MTC has jurisdiction. The SC has already decided that in a sum of money case, jurisdiction is determined by the amount of the claim not the value of the vehicle seized under the writ of replevin.

A complaint filed in the MTC Marihatag for a sum of money (P250k as the principal amount of the loan) plus interest amounting P100k. The defendant move to dismiss the case alleging that the court has no jurisdiction since the amount is more than P300k. The RTC therefore has jurisdiction. Should the motion to dismiss be granted? NO. Under section 19 of BP 129, interest should be excluded in computing the jurisdictional amount of the court. (Note: It is believed that the motion to dismiss should be denied. Section 19 of B.P 129, exludes “interest, damages of whatever kind, attorney’s, litigation expenses, and costs” from the computation of the jurisdictional amount. Under the rule of staturory construction known as noscitur a sociis, related or associated words are construed together or in relation to each other. “Damages of whatever kind, attorney’s fees, litigation expenses, and costs” evidently refer to items

of damages found under Title XVIII of the Civil Code. Hence “interest” in Section 19 of BP Blg. 129 should be read to refer to interest by way of damages or punitive interest under Article 2209 and not to contractual interest under Art. 1956 of the Civil Code)

Filomeno brought an action in the MeTC of Pasay City against Marcelino pleading two causes of action. The first was a demand for the recovery of physical posseision of a parcel of land situated in Pasay City with an assessed value of P40,000; the second was a claim for damages of P500,000 for Marcelino’s unlawful retention of the property. Marcelino filed a motion to dismiss on the ground that the total amount involved, which is P540k is beyond the jurisdiction of MeTC. Is Marcelino Correct? NO. Damages which are merely incidental to the cause of action involving reconveyance should not be included in computing jurisdictional amount of the court. Hence the MeTC has jurisdiction over the action since the assessed value of the land does not exceed P50,000.

The Republic filed with the RTC of Paranaque City an action for reversion against Yujuico involving a land in Paranaque with an assessed value of more than P50,000. The Republiccontended that the judgement of the CFI of Pasig, acting as land registration court, which decreed the issuance of an OCT over the land is a nullity since the land was under water and thus part of the Manila Bay. Does the RTC have jurisdiction over the action for reversion? NO. Under the BP 129, the Court of Appeals has exclusive original jurisdiction over actions for the annulment of judgments of the RTC. It

is so, because the nature of an action here is to nullify the judgment of the MeTC acting as land registration court.

The employee filed an illegal dismissal case before the labor court while his employer filed an action with the RTC to collect his advances and other loans. The employee filed a motion to dismiss on the latter case contending that it should be filed before the Labor court. Decide. The motion to dismiss should be denied. The jurisdiction of the NLRC and the Labor Arbiter with respect to labor cases are limited only to the existence of employer employee relationship. Where the claim to the principal relief sought is to be resolved not by reference to the labor laws or the CBA but by the general civil law, the jurisdiction belongs to the regular courts of justice and not the labor arbiter or the NLRC.

The employee filed an illegal dismissal case with the Labor arbiter and was able to obtain favorable judgment. The employer filed an action for damages alleging that the employer was selling product of other competitive company to the detriment of its own company. The employee filed a motion to dismiss alleging the action should have been filed with the labor arbiter. Decide Yes, action should be dismissed. It should have been set up as a compulsory counterclaim in the labor case. It should be noted that there was a nexus of relationship between the illegal dismissal case filed by the employee and an action for damages filed by the employer with the regular court.

Previous bar exams with suggested answers (2007-2013) BAR (2012) No.III.A. Distinguish error of jurisdiction from error of judgment. (5%) SUGGESTED ANSWER: An error of judgment is one which the court may commit in the exercise of its jurisdiction. Such an error does not deprive the court of jurisdiction and is correctible only by appeal; whereas an error of jurisdiction is one which the court acts without or in excess of its jurisdiction. Such an error renders an order or judgment void or voidable and is correctible by the special civil action of certiorari. (Dela Cruz vs. Moir, 36 Phil. 213; Cochingyan vs. Claribel, 76 SCRA 361; Fortich vs. Corona, April 24, 1998, 289 SCRA 624; Artistica Ceramica, Inc. vs. Ciudad Del Carmen Homeowner‟s Association, Inc., G.R. Nos. 167583-84, June 16, 2010). BAR 2009 No.III. Amorsolo, a Filipino citizen permanently residing in New York City, filed with the RTC of Lipa City a complaint for Rescission of Contract of Sale of Land against Brigido, a resident of Barangay San Miguel, Sto. Tomas, Batangas. The subject property, located in Barangay Talisay, Lipa City, has an assessed value of 19,700. Appended to the complaint is Amorsolo’s verification and certification of non-forum shopping executed in New York City, duly notarized by Mr. Joseph Brown, Esq., a notary public in the State of New York. Brigod filed a motion to dismiss the complaint on the following grounds: (a) The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident of the Philippines; (2%) (b) The RTC does not have jurisdiction over the subject matter of the action involving real property with an assessed value of P19,700.00; exclusive and original jurisdiction is with the Municipal Trial Court where the defendant resides; (3%) SUGGESTED ANSWER: (a) The first ground raised lacks merit because jurisdiction over the person of a plaintiff is acquired by the court upon the filing of plaintiff‟s complaint therewith. Residency or citizenship is not a requirement for filing a complaint, because plaintiff thereby submits to the jurisdiction of the court. (b) The second ground raised is also without merit because the subject of the litigation, Rescission of Contract, is incapable of pecuniary estimation the exclusive original jurisdiction to which is vested by law in the Regional

Trial Courts. The nature of the action renders the assessed value of the land involved irrelevant. BAR (2009) No.II. Angelina sued Armando before the Regional Trial Court (RTC) of Manila to recover the ownership and possession of two parcels of land; one situated in Pampanga, and the other in Bulacan. (a) May the action prosper? Explain. (b) Will your answer be the same if the action was for foreclosure of the mortgage over the two parcels of land? Why or why not? SUGGESTED ANSWER: (a) No, the action may not prosper, because under R.A. No. 7691, exclusive original jurisdiction in civil actions which involve title to, or possession of real property or any interest therein is determined on the basis of the assessed value of the land involved, whether it should be P20,000 in the rest of the Philippines, outside of the Manila with the courts of the first level or with the Regional Trial Court. The assessed value of the parcel of land in Pampanga is different from the assessed value of the land in Bulacan. What is involved is not merely a matter of venue, which is waivable, but of a matter of jurisdiction. However, the action may prosper if jurisdiction is not in issue, because venue can be waived. ALTERNATIVE ANSWER: Yes, if the defendant would not file a motion to dismiss on ground of improper venue and the parties proceeded to trial. (b) NO, the answer would not be the same. The foreclosure action should be brought in the proper court of the province where the land or any part thereof is situated, either in Pampanga or in Bulacan. Only one foreclosure action need be filed unless each parcel of land is covered by distinct mortgage contract. In foreclosure suit, the cause of action is for the violation of the terms and conditions of the mortgage contract; BAR (2008) No.II. Fe filed a suit for collection of P387,000 against Ramon in the RTC of Davao City. Aside from alleging payment as a defense, Ramon in his answer set up counterclaims for P100,000 as damages and 30,000 as attorney’s fees as a result of the baseless filing of the complaint, as well as for P250,000 as the balance of the purchase price of the 30 units of air conditioners he sold to Fe. (a) Does the RTC have jurisdiction over Ramon’s counterclaim, and if so, does he have to pay docket fees therefor? (b) Suppose Ramon’s counterclaim for the unpaid balance is P310,000, what will happen to his counterclaims if the court dismisses the complaint after holding a preliminary hearing on Ramon’s affirmative defenses?

(c) Under the same premise as paragraph (b) above, suppose that instead of alleging payment as a defense in his answer, Ramon filed a motion to dismiss on that ground, at the same time setting up his counterclaims, and the court grants his motion. What will happen to his counterclaims? SUGGESTED ANSWER: (a) Yes, applying the totality rule which sums up the total amount of claims of the parties, the RTC has jurisdiction over the counter claims. Unlike in the case of compulsory counterclaims, a defendant who raises a permissive counterclaim must first pay docket fees before the court can validly acquire jurisdiction. One compelling test ofcompulsoriness is the logical relation between the claim alleged in the complaint and the counterclaim (Bayer Phil, Inc. vs. C.A., G.R. No. 109269, 15 September 2000). Ramon does not have to pay docket fees for his compulsory counterclaims. Ramon is liable for docket fees only on his permissive counterclaim for the balance of the purchase price of 30 units of air conditioners in the sum of P250,000, as it neither arises out of nor is it connected with the transaction or occurrence constituting Fe‟s claim (Sec. 19 [8] and 33 [1], B.P. 129; AO 04-94, implementing R.A. 7691, approved March 25, 1994, the jurisdictional; amount for MTC Davao being P300,000 at this time; Alday vs. FGU Insurance Corporation, G.R. No. 138822, 23 January 2001). (b) The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer (Sec. 3, Rule 17; Pinga vs. Heirs of German Santiago, G.R. No. 170354, June 30, 2006). (c) His counterclaims can continue to be prosecuted or may be pursued separately at his option (Sec. 6, Rule 16; Pinga vs. Heirs of German Santiago, G.R. No. 170354, June 30, 2006). BAR (2010) No.II. On August 13, 2008, A, as shipper and consignee, loaded on the M/V Atlantis in Legaspi City 100,000 pieces of century eggs. The shipment arrived in Manila totally damaged on August 14, 2008. A filed before the Metropolitan Trial Court (MeTC) of Manila a complaint against B Super Lines, Inc. (B Lines), owner of the M/V Atlantis, for recovery of damages amounting to P167,899. He attached to the complaint the Bill of Lading. (a) B Lines filed a Motion to Dismiss upon the ground that the Regional Trial Courthas exclusive original jurisdiction over "all actions in admiralty and maritime" claims. In his Reply, A contended that while the action is indeed "admiralty and maritime" in nature, it is the amount of the claim, not the nature of the action, that governs jurisdiction. Pass on the Motion to Dismiss. (3%) (b) The MeTC denied the Motion in question A. B Lines thus filed an Answer raising the defense that under the Bill of Lading it issued to A, its liability was limited to P10,000. At the pre-trial conference, B Lines defined as one of the issues whether the stipulation limiting its liability to P10,000 binds A. A countered that this was

no longer in issue as B Lines had failed to deny under oath the Bill of Lading. Which of the parties is correct? Explain. (3%) SUGGESTED ANSWER: (a) The Motion to Dismiss is without merit and therefore should be denied. Courts of the first level have jurisdiction over civil actions where the demand is for sum of money not exceeding P300,000.00 or in Metro Manila, P400,000.00, exclusive of interest, damages, attorney‟s fees, litigation expenses and costs: this jurisdiction includes admiralty and marine cases. And where the main cause of action is the claim for damages, the amount thereof shall be considered in determining the jurisdiction of the court (Adm. Circular No. 09-94, June 14, 1994). (b) The contention of B is correct: A‟s contention is wrong. It was A who pleaded the Bill of Lading as an actionable document where the stipulation limits B‟s liability to A to P10,000.00 only. The issue raised by B does not go against or impugn the genuineness and due execution of the Bill of Lading as an actionable document pleaded by A, but invokes the binding effect of said stipulation. The oath is not required of B, because the issue raised by the latter does not impugn the genuineness and due execution of the Bill of Lading. BAR (2009) No.XV.B. Mariano, through his attorney-in-fact, Marcos filed with the RTC of Baguio City a complaint for annulment of sale against Henry. Marcos and Henry both reside in Asin Road, Baguio City, while Mariano resides in Davao City. Henry filed a motion to dismiss the complaint on the ground of prematurity for failure to comply with the mandatory barangay conciliation. Resolve the motion with reasons. (3%) SUGGESTED ANSWER: The motion to dismiss should be denied because the parties in interest, Mariano and Henry, do not reside in the same city/municipality, or is the property subject of the controversy situated therein. The required conciliation/mediation before the proper Barangay as mandated by the Local Government Code governs only when the parties to the dispute reside in the same city or municipality, and if involving real property, as in this case, the property must be situated also in the same city or municipality.

3. Civil Procedure 3.1.

Actions

What is an action? Action (synonymous with ―suit) is the legal and formal demand of one‘s right from another person made and insisted upon in a court of justice (Bouvier‘s Law Dictionary). The kinds of actions are ordinary and special, civil and criminal, ex contractu and ex delicto, penal and remedial, real, personal, and mixed action, action in personam, in rem, and quasi in rem. 3.1.1.

Meaning of ordinary civil actions

What is an ordinary civil action? It is one by which one party sues another, based on a cause of action, to enforce or protect a right, or to prevent or redress a wrong, whereby the defendant has performed an act or omitted to do an act in violation of the rights of the plaintiff. (Sec. 3a) The purpose is primarily compensatory. 3.1.2.

Meaning of special civil actions

What is a special civil

action? It is also one by which one party sues another to enforce or protect a right, or to prevent or redress a wrong. 3.1.3.

Meaning of criminal actions

What is a criminal action? A criminal action is one by which the State prosecutes a person for an act or omission punishable by law (Sec. 3[b], Rule 1). The purpose is primarily punishment.

Define

Special

Proceedings. It is a remedy by which a party seeks to establish a statue, right or particular fact. 3.1.4.

Civil actions versus special proceedings

The purpose of an ACTION is either to protect a right or prevent or redress a wrong. The purpose of SPECIAL PROCEEDING is to establish a status, a right or a particular fact.

How do we distinguish

civil actions from special proceedings? Ordinary Action Special Proceedings Nature Generally adversarial in nature. There are definite parties-Plaintiff vs. defendant

Generally, no definite adverse party because it is directed against the whole world, as majority of special proceedings are in in rem Purpose

To protect or enforce a right or prevent or redress a wrong.

To establish a right, status or a particular fact

Governing Rules It is governed by ordinary rules, supplemented by special rules

It is governed by special rules, supplemented by ordinary rules

Court with jurisdiction It is heard by court with general jurisdiction

It is heard by court with limited jurisdiction

How initiated Initiated by pleading and the party respond through an answer after being serve with summons.

Initiated by means of petition and responded by means of opposition after notice and publication are made. Applicability of Pleadings

Parties are generally allowed to file answer, counterclaim, cross claim and third party complaint.

Law on pleadings generally not applicable

Appeal

The period of appeal is only 15 days and notice of appeal suffices

3.1.5.

The period to appeal is 30 days and aside from a notice of appeal, a record on appeal is required.

Personal actions and real actions

Distinguish Personal

action from real action.  An action is real when it affects title to or possession of real property, or an interest therein. All other actions are personal actions.  Real actions are based on the privity of real estates; while personal actions are based on privity of contracts or for the recovery of sums of money.  An action is real when it is founded upon the privity of real estate, which means that the realty or an interest therein is the subject matter of the action. The issues involved in real actions are title to, ownership, possession, partition, foreclosure of mortgage or condemnation of real property.  Not every action involving real property is a real action because the realty may only be incidental to the subject matter of the suit. Example is an action for damages to real property, while involving realty is a personal action because although it involves real property, it does not involve any of the issues mentioned.

What is the importance of determining the difference between personal and real action? The distinction between real action and personal action is important for the purpose of determining the venue of the action. A real action is ―local‖, which means that its venue depends upon the location of the property involved in the litigation. A personal action is ―transitory‖, which means that its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. 3.1.6.

Local and transitory actions

What is a local action? A local action is one founded on privity of estates only and there is no privity of contracts. A real action is a local action, its venue depends upon the location of the property involved in litigation. ―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 (Sec. 1, Rule 4). That is an action brought in the place where all the subject property or part thereof are located in the absence of the agreement to the contrary. (Example is to recover real property)

action?

What

is

a

transitory

It is an action which depends on where the party resides and regardless of where the cause of action arose. It is one founded on privity of contracts between the parties. A personal action is transitory, its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. A personal action ―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 non-resident defendant, where he may be found, at the election of the plaintiff (Sec. 2, Rule 4).

What are the different test to determine the nature of the action? 1. If the ultimate objective is to recover real property, the it is a real action. 2. The allegations of facts and the relief prayed for may determinative of the nature of the action. 3. 3.1.7.

rem

Actions in rem, in personam and quasi in

Distinguish action in rem, in personam and quasi in rem. Action in personam Directed against particular persons. The defendant is sought to be held liable.

Action in rem Directed against the thing itself

between

Action quasi in rem Directed person

against

particular

As to jurisdiction over the person of the defendant Jurisdiction over the person of the defendant is required

Jurisdiction over the person of the defendant is not required

Jurisdiction over the person of the defendant is not required as long as jurisdiction over the res is acquired.

As to the purpose of the action An action to impose a responsibility or liability upon a person directly.

A proceeding to determine the state or condition of a thing

A proceeding to subject the interest of a named defendant over a particular property to an obligation or lien burdening it.

As to judgment effect Judgment is binding only upon parties impleaded or their successors in interest.

Probate proceeding; cadastral proceeding

Action for partition; action to foreclose real estate mortgage.

Give examples Action for specific performance; action for breach of contract.

Probate proceeding; cadastral proceeding.

Action partition; action to foreclose real estate mortgage.

What is the importance of knowing the distinctions between actions in personam, in rem and quasi in rem? The distinction is important to determine whether or not jurisdiction over the person of the defendant is required and consequently to determine the type of summons to employed.

Can an action in personam be converted into an action in rem or quasi-in rem? Yes. In complaint for recovery of money filed by the creditor against the debtor, the said action be converted to action in rem or quasi-in rem. Rule 57, section1 provides that preliminary attachment could be issued in cases where the defendant could not be served with summons. If the defendant cannot be served with summons either personal or substituted service, the remedy is to ask the plaintiff to ask for the issuance of writ of preliminary attachment and to attach the property of the defendant in order for the court to acquire jurisdiction over the case at least over the attached properties.

Can there be an action in rem which is a personal action?

YES. The probate of a will wherein the estate consists only of personal properties is an action in rem which is at the same time a personal action. The probate of the will is proceeding in rem. It is so because, it does not involve title to or possession of real property.

When is an action deemed commenced? An action deemed commence upon filing of original complaint in court. If additional defendant is impleaded, the case commence in regard to him on the date of the filing of later pleading impleading him. (NOTE: filing or docket fee should also be paid for the court to acquire jurisdiction over the case)

Can a petition for judicial settlement of estate be dismissed for failure of the petitioners to aver that earnest efforts toward a compromise involving members of the same family have been made prior to the filing of the petition? No. Article 222 of the Civil Code (Now Article 151, Family Code) applies only to ordinary civil actions or suits, that is, an action filed by a person or persons against another person or persons. Art. 222 does not apply to special proceedings, such as a petition for judicial settlement of estate.

May a compliant be filed by registered mail? If so, when it is deemed commenced? YES. It is deemed filed or commenced as of the date of mailing. However if the requisite docket fee was actually paid, either personally or by mailing, subsequent to the mailing of the complaint, the date of such payment or mailing thereof shall be considered as the date of filing of the complaint.

The complainant filed an action to recover his shares of stock now issued to another person. He paid P600 as docket fee contending the action is one of incapable of pecuniary estimation. After the trial the defendant moved to dismiss the suit reasoning that the docket fess was not paid hence the court did not acquire jurisdiction over the action. a. Where the proper docket fees paid? b. Should the motion to dismiss filed by the defendant be granted? a. No. The action to compel the assignment of shares of stock is an action for recovery of personal property rather than one incapable of pecuniary estimation. The docket fees should have been assessed on the value of the stocks sought to be assigned to the complainant. b. No. the defendant was estopped from raising the defense of nonpayment fo the docket fee since he participated in the trial. The deficiency docket fee, however, shall be assessed as a lien on the judgment award (this is the liberal interpretation of the rule).

What if the plaintiff will not pay the assessed docket fee above mentioned, but stubbornly insists that his case is one of an action incapable of pecuniary estimation? In such a case, the liberal interpretation of the rule cannot be applied to him. Dismissal of the case for non-payment of the docket fee is thus a proper remedy. (Gochan vs. Gochan, 372 SCRA 256).

Independent Civil Actions 3.2. Cause of action 3.2.1. Meaning of cause of action 3.1.8.

What is a cause of action? A cause of action is the act or omission by which a party (defendant) violates the rights of another (plaintiff). It is the delict or wrong by which the defendant violates the right or rights of the plaintiff (Ma-ao Sugar Central v. Barrios, 76 Phil. 666). 3.2.2.

Right of action versus cause of action

Distinguish right to

action from cause of action. (1) A cause of action refers to the delict or wrong committed by the defendants, whereas right of action refers to the right of the plaintiff to institute the action; (2) A cause of action is determined by the pleadings; whereas a right of action is determined by the substantive law; (3) A right of action may be taken away by the running of the statute of limitations, by estoppels or other circumstances which do not at all affect the cause of action (Marquez v. Varela, 92 Phil. 373). 3.2.3.

Failure to state a cause of action

Does the existence of cause of action guarantees that the complaint will prosper? The mere existence of a cause of action is not sufficient for a complaint to prosper. Even if in reality the plaintiff has a cause of action against the defendant, the complaint may be dismissed if the complaint or the pleading asserting the claim ―states no cause of action.

Explain the concept and effect of failure to state the cause of action? The cause of action must unmistakably be stated or alleged in the complaint or that all the elements of the cause of action required by substantive law must clearly appear from the mere reading of the complaint. To avoid an early dismissal of the complaint, the simple dictum to be followed is: ―If you have a cause of action, then by all means, state it! Where there is a defect or an insufficiency in the statement of the cause of action, a complaint may be dismissed not because of an absence or a lack of cause of action by because the complaint states no cause of action. The dismissal will therefore, be anchored on a ―failure to state a cause of action. It doesn‘t 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. Thus, even if indeed the plaintiff suffered injury, if the same is not set forth in the complaint, the pleading will state no cause of action even if in reality the plaintiff has a cause of action against the defendant.

Does a dismissal based on a failure to state a cause of action bar subsequent re-filing of the complaint? No. Dismissal of a complaint for failure to state a cause of action is one without prejudice. It does not bar the subsequent re-filing of the complaint.

State the distinctions between “failure to state a cause of action” and “lack of cause of action”. 1. There is failure to state cause of action where the complaint does not allege a sufficient cause of action and there is lack of cause of action where the evidence does not sustain the cause of action alleged. 2. The ground of failure to state cause of action is raised in a motion to dismiss under Rule 16 before a responsive pleading is filed and can be determined only from the allegations in the initiatory pleading and not from evidentiary or other matter aliunde; the ground of lack of cause of action is raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case and can be resolved only on the basis of the evidence he has presented in support of his claim; 3. The first does not concern itself with the truth and falsity of the allegations while the second arises precisely because the judge has determined the truth and fasity of the allegations and has found the evidence wanting. 3.2.4.

Test of the sufficiency of a cause of action

What is the test of sufficiency of a complaint? The test is whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint (Misamis Occidental II Cooperative, Inc. vs. David, 468 SCRA 63; Santos v. de Leon, 470 SCRA 455).

Should the court consider the evidences in determining whether or not there is sufficient cause of action? As a rule no, because what are to be taken into account are only the material allegations in the complaint; extraneous facts and circumstances or other matter aliunde are not considered but the court may consider in addition to the complaint the appended annexes or documents, other pleadings of the plaintiff, or admissions in the records (Zepeda v. China Banking Corp., GR 172175, Oct. 9, 2006).

Can the court hold preliminary hearing to determine the existence or sufficiency of cause of action? NO. In determining whether or not a cause of action is sufficiently stated in the complaint, the statements in the complaint may be properly considered. It is error for the court to take cognizance of external facts or to hold preliminary hearings to determine its existence (Diaz v. Diaz, 331 SCRA 302). The sufficiency of the statement of the COA must appear on the face of the complaint and its existence may be determined only by the allegations of the complaint, consideration of other facts being proscribed and any attempt to prove extraneous circumstances not being allowed (Viewmaster Construction Corp. v. Roxas, 335 SCRA 540). 3.2.5.

effects

Splitting a single cause of action and its

What is meant by

splitting cause of action? It is the act of instituting two or more suits for the same cause of action (Sec. 4, Rule 2). It is the practice of dividing one cause of action into different parts and making each part the subject of a separate complaint (Bachrach vs. Icaringal, 68 SCRA 287).

Is splitting cause of

action allowed under the Rules? This practice is not allowed by the Rules because it breeds multiplicity of suits, clogs the court dockets, leads to vexatious litigation, operates as an instrument of harassment, and generates unnecessary expenses to the parties.

The rule is, the filing of the first may be pleaded in abatement of the other or others; judgment upon the merits in any one is available as a bar to, or a ground for dismissal of, the others. What is the remedy on part of the defendant in this instance? The remedy of the defendant is to file a motion to dismiss on the ground litis pendencia or res judicata.

Hence, if the first action is pending when the second action is filed, the latter may be dismissed based on litis pendencia, there is another action pending between the same parties for the same cause. If a final judgment had been rendered in the first action when the second action is filed, the latter may be dismissed based on res judicata, that the cause of action is barred by prior judgment.

In case of res judicata, what action should be dismissed, the first or the subsequent one? As to which action should be dismissed would depend upon judicial discretion and the prevailing circumstances of the case.

There was foreclosure of mortgage due to the debtor’s failure to pay an obligation. The debtor filed a complaint for declaration of nullity of foreclosure proceeding and separate complaint for damages arising out of the foreclosure proceedings is the rule against splitting a cause of action violated? Yes. There was filing of multiple cases based on the same cause of action although with different prayers. Two remedies that arose from one wrongful act cannot be pursued in different cases.

SRBI mortgaged several parcels of land to Metrobank as security for its loan. Then SRBI and Metrobank entered into a credit line agreement with the same mortgaged properties as collateral, SRBI defaulted and Metrobank filed an action for extrajudicial foreclosure of the mortgage. Subsequently, Metrobank filed an action for collection of money arising from the export bill purchases under the credit line agreement. Metrobank bought the properties at the foreclosure but the bid price was below SRBI’s obligations. SRBI moved to dismiss the action for collection on the ground that Metrobank is splitting its cause of action. Should the motion to dismiss be granted? Yes. Under Act 3135, the mortgage creditor in case of insufficiency of the proceeds of the foreclosure sale is entitled to claim the deficiency from the debtor. However the action filed by Metrobank was not an action to recover the deficiency but an action for collection or specific performance which was barred by the election of the remedy of foreclosure. The same should thus be dismissed without prejudice to Metrobank’s institution of an action for recovery of the deficiency. (Suico Rattan and Buri vs. Court of Appeals, June 2006)

State the cause or causes of action in case one’s property is taken through violence. There are actually two rights violated, a.) right to possession and 2.) right to use, however, there is one wrong committed. Hence, the owner can file only one complaint praying for two remedies; recovery of possession and damages.

P sued D for specific performance of a contract. The court decided in favor of D and dismissed P’s complaint. After the dismissal had become final, P sued D to have the same contract reformed to make it conform to their true intent and to recover upon the reformed contract. Is the second action barred by res judicata? Yes. P only had one cause of action on the contract, whether as written or as reformed, which he could have stated in the alternative pursuant to Rule 8, Section 2. P thus split a single cause of action.

State the rule in case of breach of contract with several stipulations. General Rule: A contract embraces only one case of action amd may biolated only once even if it contains several stipulations. Exception: If the stipulations are to be performed at different times, there will be as many causes of actions as there are violations. But all the obligations which have matured at the time of the suit must be integrated as one case of action in one complaint and those include would be barred. Exception to the exception: When failure to comply with one or several stipulations in continuing contract constitutes a total breach, a single cause of action for damages arises from such contract.

P and D entered into a contract whereby D will supply P from month to month with gas tar at her price of P65 per ton. The contract was to run for 10 years, starting from 1919. D began delivering but in 1920 “flatly refuse d to make any deliveries under the contract”. In 1923, P brought an action for damages against D. P was awarded damages up to 1923. The judgment became final and executor. Later P brought an action to recover damages from 1923 up to 1929. D filed a motion to dismiss the suit on the ground of res judicata. Should the motion to dismiss be granted? YES. P in bringing the second suit had split his cause of action. As a general rule, a contract to do several things at several time sis divisible and judgment for a single breach of a continuing contract to do several things at several times is divisible and a judgment for a single breach of continuing contract is not a bar to a suit for subsequent breach. Where however the obligor manifests refusal to perform not only one prostration but all the other prestations, the contract is entire and the breach is total” and constitutes only one cause of action. (Blossom and Co. V. Manila Gas Corp. 55 Phil. 226) P in 1923 could thus bring an action for damages up to 1929 under the principle of anticipatory breach since D in 1920 had made a flat or outright refusal to make any delivery under the contract.

What is the principle of “anticipatory breach”? It is the principle wherein in a divisible contract or one contemplating divisible prestations over a period of time and there is a breach of one prestation, the oblige may bring a suit not only for the current prestation but even for the future prestations if it is clear that the obligor can no longer perform the future prestations.

In the foregoing problem, concerning the gas tar contract, what if D in 1920 failed to make further deliveries but without any flat or outright refusal to make any delivery under the contract. Should the motion to dismiss by D be granted? NO. Since the principle of participatory breach does not come into play. Hence, its single breach of the divisible obligation is a separate and distinct cause of action.

Plaintiff ordered 2 units frequency converter/inverter from Defendant to delivered within 8 to 10 weeks from the opening of the letter of credit or until 19 November 1997. On 1 November 1997 Defendant in formed Plaintiff that it was having problems with its supplier regarding the delivery of the units, that it was looking for another supplier, and that at that moment there was no clear message when normal production would resume. Due to this information, the Plaintiff surmised that defendant would not be able to deliver the units on time and hence the Plaintiff cancelled the order. Plaintiff filed an action for damages against the Defendant averring that foregoing facts. The Defendant filed a motion to dismiss on the ground that the complaint did not state a cause of action. Should the motion to dismiss be granted? Yes. When plaintiff sued Defendant for damages, the latter had not violated any right of Plaintiff from which a cause of action had arisen. Plaintiff only surmised that Defendant would not be able to deliver the units on time and based on this apprehension, it cancelled the order. The principle of anticipatory breach laid down in the textbook case of Blossom and Co. v. Manila Gas Corp, is not applicable here for the same only applies to a divisible contract where the obligor had manifested his refusal to comply with future periodic obligations. Here the obligation

was single and indivisible converter/inverter.

to

deliver

two

units

of

frequency

Juan filed an action for quieting of title and to be declared the owner of the land. The RTC decides in favor of the defendant Pedro. But previously, defendant succeeded in dispossessing Juan of the Property from 1970 to 1978. Juan elevated the case to the CA and decides in his favor. Juan filed a second case to collect the income of the land from 1970 to 1978. Is the second case violates the rule on splitting cause of action? Yes, the petitioner was splitting his cause of action when he filed the second case for both and first and the second cases involve the same cause of action. The petitioner would draw a distinction between the land in dispute in the first case and the income from that land being claimed in the second case. But that is splitting hairs to split a cause of action. The subject matter is essentially the same in both cases as the income is only a consequence of accessory of the disputed property. It cannot be said that there are two causes of action calling for two separate cases. The claim for the income from the land was incidental to, and should have been raised by Petitioner in his earlier claim form ownership of the land by filing a supplemental complaint. (Bayang v. Court of Appeals, 148 SCRA 91)

P filed with the RTC an accion reivendicatoria over parcel of rice land against D, alleging that the same was sold to him by the rightful owner S and praying that the same was sold to him by the rightful owner S and praying that he (P) be declared the owner of the land and that D deliver possession to him. D filed an answer in which he also counterclaimed for moral and exemplary damages for the unwarranted filing of the suit by P.

During the pendency of the case, P dispossessed D of the subject land and proceeded to harvest the rice. Judgment was rendered by the RTC dismissing P’s suit. The judgment became final. P delivered possession back to D. D then filed an action before the RTC against P seeking to recover the value of the rice harvested by P. P filed a motion to dismiss on the ground of res judicata. Should the motion to dismiss b granted? NO. The claim for recovery of the harvested rice need not be set up in the first case as such claim is not compulsory having been acquired by D after serving his answer. Hence the claim is not barred even if not set up in the first case. Being not a compulsory counterclaim, it can be a subject of separate complaint. 3.2.6.

Joinder and mis-joinder of causes of action

What is joinder of cause

of action? Joinder of causes of action is the assertion of as many causes of action as a party may have against another in one pleading alone (Sec. 5, Rule 2). It is the process of uniting two or more demands or rights of action in one action.

What are the conditions

of joinder of cause of action? (a) The party joining the causes of action shall comply with the rules on joinder of parties; (b) The joinder shall not include special civil actions governed by special rules;

(c) Where the cause of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction (totality rule).

State the tests involved in a joinder of causes of action. In declaring whether more than one cause of action is alleged the thrust is whether more than one primary right or subject of controversy is present. Other tests are: 1. Whether recovery on one ground would bar recovery on the other; 2. Whether the same evidence would support the other different counts; 3. Whether separate actions could be maintained for separate relief; or 4. Whether more than one distinct primary right or subject of controversy is alleged for enforcement or adjudication.

How may causes of action be joined? They may be joined cumulatively or alternatively.

When is there

cumulative joinder? Cumulative joinder exists when one is seeking relief for all of his causes of action.

When is there

alternative joinder? Alternative joinder exists when the cause of action is against either one or the other defendant. One is not seeking relief from both but from either one.

Peter, the owner of a parcel of land, files a complaint for recover of possession against 30 persons who each occupy a separate and distinct portions of the land. Is the joinder of defendants proper? YES. The action arises out of the same transaction that is the occupancy by the defendants of Peter’s Land. The Supreme Court has implicitly held that the word “transaction” refers not only to a contract but to an occurrence. Evidently, there is common question of law: whether or not the defendants have the right to hold possession as against Peter.

P, a Manila resident, file a complaint against D, a resident of Iloilo City in the RTC of Manila. The complaint joins 2 causes of action: one for collection of 500K and the other for title to real property in Iloilo City with assessed value of 20K both causes of action arising out of the same transaction or occurrence between the parties. Was there a proper joinder of cause of action? YES. Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the RTC and the venue lies therein. Here the sum of money case falls with the jurisdiction of the RTC of Manila and the venue lies therein.

P, a Manila resident, filed a complaint against D, a resident of Iloilo City, in the RTC Manila. The complaint joins 2 causes of action: one fore collection of 300k and the other for recovery of title to real property in Iloilo City with an assessed value of 60k both causes of action arising out of the same transaction between the parties. a. Was there a proper joinder of causes of action? b. If you were the lawyer for D, what would you? a. No. While the real action falls within the jurisdiction of the RTC of Manila the venue does not lie therein but in Iloilo City. Hence there is misjoinder of causes of action. b. I would file a motion to dismiss on the ground of lack of jurisdiction and lack of venue. Since there was no proper joinder of causes of action, each cause of action would have to be filed separately. The RTC has no jurisdiction over a claim not exceeding

300k and the venue of the real action is misplaced as it should have been filed in Iloilo City.

When is there a misjoinder of causes of action? There is misjoinder of causes of action when two or more causes of action were joined in one complaint when they should not be so joined. When there is misjoinder of causes of action the erroneously joined cause of action maybe severed or proceeded with separately upon motion by a party or upon the court’s initiative. It is not a ground for the dismissal of action.

Can there be valid judgment in case of misjoined causes of action? Yes. While parties to an action may asset in one pleading, in alternative or otherwise as many causes of action as they may have against the opposing party such joinder of causes of action is subject to a condition, inter alia, that the joinder shall not include special civil actions governed by special rules. Nevertheless misjoinder of causes of action is NOT a ground for dismissal. Indeed the courts have the power, acting upon the motion of a party to the case or sua sponte, to order the severance of the misjoined cause of action to be proceeded with separately. However, where in no objection to the improper joinder or the court did not motu proprio direct a severance, then there exists no action. It should be emphasized that the foregoing rule applies if the court trying the case has jurisdiction over all of the causes of action therein notwithstanding the misjoinder of the same. If the court trying the case has no jurisdiction over a misjoined cause of action such misjoined cause of action has to be severed from the other cases of action and if not a severed any adjudication rendered by the court with respect to the same would be a nullity. (Ada vs. Baylon G.R. BNo., 182435, Augsust 13, 2012)

Give an illustration of the foregoing. The plaintiff lent P500,000 to defendant. The loan is secured by a real estate mortgage executed by X in favor of the plaintiff. The Defendant failed to pay the loan on the due date despite demand from the plaintiff. Cause of action: The Defendant’s non-payment of the loan on due date. Right of action: The substantive right on the part of the Plaintiff to sue for redress. Remedies: Action for collection of sum of money against the Defendant. Action for foreclosure of the real estate mortgage against the mortgagor X. Relief: Payment of the loan, foreclosure of the real estate mortgage, and damages and interests under Article 2209, Civil Code. Subject Matter: The contract of loan between the Plaintiff and the Defendant.

Juan bought a tire worth 400,000 from Pedro, and on the same day Lasi’ bought a tire worth 400,000 from Pedro. Both buyers defaulted in paying their obligations hence Pedro filed a collection case in the RTC, joining Juan and Lasi’ as defendants. Juan move to dismiss the case on the ground of lack of jurisdiction on the subject matter. Should motion to dismiss be granted?

Yes. The Totality rule and Section 5, Rule 2 is subject to the rule on joinder of parties, under Section 6 Rule 3. The rule requires that there is a common question of law or fact and that the right of relief arises out of the same transaction or series of transactions. There is no common question of law or fact in the suits against Juan and Lasi’ nor did the right to relief arise out of the same transaction or series of transactions.(flores v. Mallare-Philips, 144 SCRA 377)

Petitioner’s bus sideswiped a car owned by G. the cost of repair was P450,000. The insurer paid P60k and so the balance of 390,000 was shouldered by G. The insurer and G filed a single complaint before the RTC of Las Pinas City against Petitioner wherein the insurer claimed for 60k and G claimed 390k. The Petitioner filed an answer wherein he contends that the RTC of Las Pinas does not have jurisdiction since the separate claims of the insurer and G fall below the jurisdictional amount and joinder of the causes of action was not proper. Does the Las Pinas RTC have jurisdiction? Yes. The joinder of causes of action by the Plaintiffs was proper since the two causes of action arose from a single transaction, that is, Petitioner’s bus hitting the rear side of the car and there is also a common question of fact: whether or not the bus driver was negligent. 3.3.

Parties to civil actions

 Who maybe parties to the civil action? Only natural or juridical persons, or entities authorized by law may be parties in a civil action.  Give examples of entities authorized by law to be parties in a civil action. 1. Estate of a deceased person. 2. A registered labor union. 3. An entity without juridical personality sued as defendant.  The Santos Subdivision Homeowner’s Association (SSHA) filed a suit against the Petitioner seeking to compel her to provide an open space for Santos Subdivision. The records are bereft of any showing that SSHA is an association duly organized under the Philippine law. The Petitioner filed a motion to dismiss with

HLURB on the ground of lack of legal personality of SSHA to sue. The HLURB denied the motion to dismiss treating the action a suit by all the parties who signed and verified the complaint. Should the HLURB have dismissed the complaint? YES. Article 44 of the Civil Code enumerates the various classes of juridical persons. Under said Article, an association is considered a juridical person if the law grants it a personality separate and distinct from that of its members. SSHA was not duly organized under Philippine law. Hence for failing to show that it is a juridical entity, endowed by law with capacity to bring suits in its own name, SSHA is devoid of any legal capacity, whatsoever, to institute any action.

Juan dela cruz leased a real property from owner Pedro Santo. When Pedro Santos originally bought the property from Maria Reyes, there was a restriction in the contract that it would be used exclusively for residential purposes. When it was leased, lessee Juan dela Cruz constructed a commercial building, hence, Maria Reyes filed a suit for injunction. Juan dela Cruz was not impleaded as a party. Is Juan dela Cruz, a lessee, a real party in interest? YES. As a lessee and in actual possession, Juan dela Cruz is a real party in interest. What is sought to be enjoined by the suit filed is the act of the lessee in constructing the building. Clearly, it is Juan dela Cruz’s act which is at issue. Hence his interest is said issue cannot be a mere incidental as he maybe benefited or injured by the judgment in the suit filed by Maria Reyes.

Christina and Owen filed a petition for the adoption of Zola, a minor child of Meredith and Derek. After the filing of the petition, Zola killed her playmate Sophia, hence a suit for damages was filed by the parents of Sophia against Christina and Owen, and Meredith and Derek. Are Meredith and Derek indispensable parties? The incident occurred when parental authority was still lodged in Meredith and Derek the natural parents of the minor Zola. It would thus follow that the natural parents who had then actual, custody of the minor Zola, are the indispensable parties to the suit for damages.

Who can be representative of parties?

A representative maybe a trustee, or an express trust, a guardian, an executor or administrator or a party authorized by law or the Rules of Court. (Rule 3, Section 3)

Real parties-in-interest; indispensable parties; representatives as parties; necessary parties; indigent parties; alternative defendants

3.3.1.

If an action is prosecuted in the name of someone who is not the real party in interest, what is the remedy of the defendant? The defendant may file a motion to dismiss on the ground of failure to state cause of action. Note that the ground is not lack of legal capacity to sue.

What is the exception to the rule that every action must be prosecuted or defended in the name of the real party in interest? Representative parties under rule 3, section 3. An action is allowed to be prosecuted or defended by a representative or someone acting in fiduciary capacity provided that the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest.

As a rule, an agent should not be impleaded as he is not a party in interest. Give an exception to the rule. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. The reason for this rule is that if an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither have such persons against the principal. In such case the agent is the one directly bound in favor of the person with whom he contracted, except when the contract involves things belonging to the principal (Art. 1883, Civil Code)

D, E and F are solidarily indebted to P for P90k. P files a collection case against D only. Are E and F indispensable parties? NO. In solidary obligation, a creditor may sue all, several, or just one of the solidary debtor. They are merely necessary party. A complete relief can be obtain to one co-debtor.

In an action to foreclose a real estate mortgage, is the junior mortgagee an indispensable party? NO. He is merely a necessary party. The mortgage may be foreclosed without impleading him and without prejudice to his equity of redemption.

Is a solidary co-debtor a necessary party? No. Because complete relief is available as to one co-debtor. (Cereo v. Tuazon, G.R. 141538, 23 March 2004)

D, E and F are jointly indebted to C in the amount of P900,000. C files a collection suit against D for the amount of P300,000. C, files a collection suit against D for the amount of P300,000. The complaint alleges that D, E and F are jointly indebted to C but that C is only suing D in order to avoid additional factual issues which would just prolong the trial. D file a motion to dismiss on the ground that C did not implead E and F. a. Should the motion to dismiss be granted? Assume that the motion to dismiss was not granted. The court however ordered C to implead E and F. May court dismiss the case? b. Is the order of the court proper? c. Assume that C did not comply with the court order. May the court dismiss the case? Assume that the court continued trying the case despite C’s non-compliance with its order. The court rendered judgment in

favor of C as against D for P300,000. The judgment became final. Subsequently C filed a case against E for collection of P300,000. d. If you were E’s counsel, what would you do? a. NO. The motion to dismiss should not be granted. A joint debtor is not an indispensable party but only a necessary party. Besides noninclusion of a party is not a ground for dismissal of an action. (Section 11, Rule 3) b. Yes. Under Section 9, Rule 3, if the court finds the reason for the omission of a necessary party unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. c. No. the court may not order the dismissal of the case. Under Section 9, Rule 3, it is not provided that the failure to comply with the court’s order without justifiable cause shall be a ground for dismissal; rather the pleader is deemed to have waived his claim against the necessary parties not included. d. I will file a motion to dismiss on the ground that C’s claim has been waived. (Section 1[h], Rule 16)

A passenger bus collided with a tricycle resulting in damage to the tricycle and injuries to its driver. The plaintiff tricycle driver filed a case for damages against the bus owner alone but did not implead the bus driver as defendant bus owner argues that the judgment was void for failure to implead the bus driver as indispensable party. Is the judgment void. No. Judgment is not void. The Supreme Court has held in a similar case that the liability of the bus owner and the driver is solidary since they are joint tort-feasors. The creditor may proceed against all or just one of the solidary debtors. Where the obligation of the parties is solidary, neither of the parties is indispensable and the other is not even a necessary party because complete relief is available. (Cerezo v. Tuazon, G.R. 141538, 23 March 2004)

P filed an action with the RTC to nullify the TCT of A. There was an existing registered mortgage over the TCT in favor of Metrobank. The bank was however not impleaded in the cancellation suit. ?The court rendered

judgment cancelling the TCT. The judgment became final and executor. a. Can the bank file an action to annul the judgment of the RTC? b. If so in what court should the bank file the action? a. YES. In a suit to nullify an existing TCT with an annotated REM, the mortgagee is an indispensable party, since the mortgagee’s rights over the property would no longer be know and respected by third parties. The non-joinder of the mortgagee deprived the trial court of jurisdiction to pass upon the controversy.(Metropolitan Bank and Trust companies vs. Alejo) b. The bank should file the action with the Court of Appeals which has the original and exclusive jurisdiction to annul judgments of the RTC.

An impostor (Oliver 1) mortgaged the property of Oliver 2 to China bank misrepresenting that she is the real Oliver. Oliver 2 filed an action in the RTC against the bank seeking to nullify the mortgage on the ground that she’s the real Oliver. Oliver 2 did not implead Oliver 1. Chinabank filed a motion to dismiss on the ground of non-joinder of an indispensable party. The trial court denied the motion to dismiss. Instead of filing an aswer, Chinabank filed a special civil action with the CA to set aside the Judge’s order denying its motion to dismiss. Meanwhile for failure of Chinabank to answer within the reglementary period it was declared in default by the trial court and Oliver 2 allowed to present evidence ex parte. a. Did the trial court properly deny Chinabank’s motion to dismiss? b. Did the trial court properly declare Chinabank in default? a. YES. The SC held that Oliver 1 is not an indispensable party as the case can proceed to judgment so long as Oliver 2 can prove that she’s the real Oliver. Further, a declaration of the mortgagee’s nullity will not necessarily prejudice Oliver 1 as the bank still needs to initiate proceedings to go after the mortgagor, who in turn can raise other defenses pertinent to the two of them. b. YES. The filing of a petition for certiorari under RULE 65 does not suspend the running of the period within which a defendant should answer the complaint unless a temporary restraining order or preliminary injunction was issued.

P filed with the RTC an action to annul the issuance of an OCG registered in the name of A (deceased). P did not however implead the heirs of A. A judgment if favor of P annulling the OCT was renedered by the RTC. The heirs of A

then filed with the RTC of Lapu-lapu City an action to annul the judgment nullifying the OCT. a. In an action to annul an OCT issued in the name of the registered owners, are the heirs of such registered owner indispensable parties? b. Should the RTC grant the action to annul the judgment? a. YES, because the cancellation of OCT would certainly strip them of their rights over the property. b. NO. the action to annul the judgment should be filed with the CA which has jurisdiction over such cases. (Nery V. Leyson 339 SCRA 232)

P files an action with the RTC of Las Pinas City, Branch 170, to recover a parcel of land co-owned by D. P however did not implead in his complaint E and F, the coowners of the land. The RTC rendered a judgment in favor of P ordering the reconveyance of the land to P. No appeal having been filed the judgment became final and executor on 19 January 2004 and was entered in the book of entries of judgment on the same day. E and F learned of the judgment on March 10, 2004 and March 15, 2004, they filed a petition for relief from the judgment with Branch 170 of Las Pinas RTC. P filed an answer seeking the dismissal of the petition for relief. a. If you were the judge, would you dismiss the petition for relief? b. If the dismissal of the petition for relief was proper, what was the appropriate action that E and F should have availed of and what court should they have filed the same? a. YES. The petition for relief cannot be availed of by E and F since they were not parties to the RTC case. b. E and F should file an action for the annulment of the RTC decision with the Court of Appeals. A decision rendered without an indispensable having been impleaded is a nullity.

Is the non-joinder of necessary or indispensable parties a ground for a motion to dismiss? NO. Non-joinder of necessary or indispensable parties is not a ground for a motion to dismiss. Remedy of the opposing is move to the Court order the plaintiff to implead the indispensable party and if the other side fails to comply then to move to dismiss under Section 3, Rule 17 (Dismissal of Action due to fault of the Plaintiff). The court itself may sua sponte direct the plaintiff to include the indispensable party. Failure to comply is a ground for dismissal under Section 3, Rule 17.

3.3.2.

Compulsory and permissive joinder of

parties

Misjoinder and non-joinder of parties 3.3.4. Class suit 3.3.3.

The sugarcane planters filed a libel suit against the newsweek for its libelous article. Was the class suit proper? No, because each planter has separate and distinct reputation in the community, hence the subject matter of controversy does not involve common or general interest.

Various landowners filed an action for damages against the developer. Was the class suit proper? No. Each landowner has a separate and distinct kind of interest, like the size of the land, how title acquired, etc. Hence there is no common or general interest among them.

The relatives of the passengers of an airplane filed a class suit to claim damages. Was the class suit proper? No, because parties have separate and distinct interest.

Leon, in Manila, sold a quantity of rice for P20,000 to Luis in Baguio, and shipped the rice through Rita Transportation. Luis refused to pay Leon, claiming that the rice was never delivered to him. Rita Transportation, on the other hand, claimed that it had delivered the rice to Luis. Whom should Luis sue? Leon should sue both Luis and Rita Transportation. Under Section 3, Rule 3, where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other.

Here, Leon is uncertain as to who between Luis and Rita Transportation is liable to him. Hence he can sue both as alternative defendants.

May a defendant whose name or identity is unknown be sued? YES. Whenever the identity or name of the defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require. However, when his identity or true name is discovered, the pleading must be amended accordingly.

Suits against entities without juridical personality 3.3.5.

May entity without juridical personality sue

as plaintiff? NO. Under Section 1, Rule 3 provides that only natural or juridical persons or entities authorized by law may be parties in a civil action. However, they can be sued as defendant if they entered into transaction with the plaintiff.

Are the names of the persons composing an entity be stated in the complaint? NO. They may be sued under the name by which they are generally or commonly know. However in the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed. 3.3.6.

Effect of death of party-litigant

What is the duty of the party’s counsel, in case of the death of the party? If a party to a pending action dies and the claim is not thereby extinguished. It shall be the duty of his counsel to inform the court within 30 days after such death of the fact thereof, and to give the

name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.(this duty applies to death of party in cases of pending appeal). The death of the client extinguishes the attorney-client relationship and divests a counsel of his authority to represent the client. Accordingly, a dead client has no personality and cannot be represented by and attorney (Laviña vs. CA, 171 SCRA 691). Neither does he become the counsel of the heirs of the deceased unless his services are engaged by said heirs (Lawas vs. CA, 146 SCRA 173).

What is the purpose of notifying or informing the court of the death of a party? So that the court may forthwith order the named legal representative(s) to appear and be substituted for the deceased party within a period of 30 days from notice. The substitution of the deceased would not be ordered by the court in cases where the death of the party would extinguish the action because substitution is proper only when the action survives (Aguas vs. Llamas, 5 SCRA 959).

Who is the legal representative of the deceased? The executor or administrator appointed by the court.

What if the deceased has no heir, who shall substitute him/her in an action? Where the deceased has no heirs, the court shall require the appointment of an executor or administrator. This appointment is not required where the deceased left an heir because the heir under the new rule, may be allowed to be substituted for the deceased. If there is an heir but the heir is a minor, the court may appoint a guardian ad litem for said minor heir (Sec. 13, Rule 3).

What if no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period? The court may order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as cost. (Section 16, Rule 3) Failure of counsel to inform the Court of Appeals of the defendant’s death during appeal will not deprive court of jurisdiction over the heirs of the defendant if the heirs waived such defect by actively participating in the appeal and filing pleadings therein (Riviera Filipinas v. Court of Appeals G.R. 117355, April 5, 2002)

Pedro filed an action to recover possession and ownership of a parcel of land against the Petitioners. During the pendency of the case Pedro died but no substitution by his heirs was affected. The trial court ruled in favor of the Plaintiff. Petitioners assert that the RTC’s decision was invalid for lack of jurisdiction, since the heirs were not substituted for the deceased Pedro. Was the trial court’s decision valid? Yes. Notwithstanding the general rule in Section 16, Rule 3, a formal substitution of heirs is not necessary when they themselves voluntarily appear, participate in the case, and present evidence in behalf of the deceased. Strictly speaking, the rule on the substitution of heirs is not a matter of jurisdiction but a requirement of due process. Thus when due process is not violated, as when the right of the representative or heir is recognized and protected, non-compliance or belated compliance with the Rules cannot affect the validity of a promulgated decision. Mere failure to substitute for a deceased plaintiff is not a sufficient ground to nullify a trial court’s decision. The alleging party must prove that there was undeniable violation of due process. (Dela Cruz vs. Joaquin, 28 July 2005).

Paulo filed an action to recover possession of a parcel of land against Deng. During the pendency of the case, Deng died but he was not substituted by his heirs. The heirs possessed the land. Judgment was rendered in favor of Paulo. May Paulo enforce the judgment against the heirs? NO. the failure to substitute the heirs for the deceased defendant deprived the court of jurisdiction to enforce its decision against them.

The rights of the heirs of Deng to due process were violated when they were not given the chance to defend their side in court. Hence the judgment cannot be enforced against the heirs of Deng (Fereira v. Vda. De Gonzalez, 104 Phil. 143).  Would your answer be the same if the heirs voluntarily appeared in court and participated in the proceedings therein? NO, my answer would not the same. The voluntary appearance of the heirs and their participation in the proceedings therein cured the defect of lack of substitution. After all the heirs were given their day in court.

What is the effect of a transfer of interest during the pendency of the litigation? The action may be continued by or against the original party, unless the court upon motion directs the transferee to be substituted in the action or joined with the original party. (Section 19, Rule 3)

P filed with the RTC an action to collect a loan of P500,000 from D, P was able to obtain a writ of attachment and attach a property of D. During the pendency of the case, D died. a. Should the case be dismissed? b. May P move for the execution of the judgment against X? c. P filed the judgment as a money claim with the probate court. Does the writ of attachment entitle P to preference over the other creditors in respect of the property attached? a. No, the case should be allowed to continue until final judgment. D should be substituted by his legal representative or heir. b. No. Section 20, Rule 3 provides that the judgment should be enforced in the manner especially provided in the Rules for prosecuting claims against the estate of a deceased person. P should file the judgment award in the proceedings for the settlement of the estate of D as a money claim pursuant to Rule 86. c. Yes. The writ of attachment was not dissolved sine the main action was not dismissed but continues until final judgment. Hence P is a preferred creditor over the property attached.

P filed with the RTC an action for recovery of possession of a parcel of land against D. D died while the

case was pending and was substituted by his heir X who had succeeded D in the possession of the land. P won the case and no appeal was made by X. May P move for the execution of the judgment against X? YES, since this is not among the cases provided for in Section 5 Rule 86 which have to be filed with the probate court as a money claim. The judgment may be enforced against X since he had been validly substituted for D.

P filed an action for tort against D who had negligently inflicted injuries upon P. D died during the pendency of the case and was substituted by his heir X. Judgment was rendered in favor of P for P500,000. No appeal was filed by X. May P move for the execution of the judgment against X? NO. This is a judgment for money against the decedent and hence has to be filed with the probate court.

Spouses B and C were the owners of a residential and boarding house with a market value of more than P300,000. B’s total earnings were more than double the minimum wage of an employee. When the city demolished their residence and boarding house, B and C filed an action for damages with the RTC against the cit. They applied for exemption from the docket and legal fees as indigents. The RTC denied their application on the ground that they are disqualified to litigate as indigents since they do not meet the salary and property requirements under Section 19 Rule 141. May B and C still be exempted from paying the docket and legal fees as pauper litigants even though they do not meet the requirements under Section 19, Rule 141? YES. B and C may still be exempted if they can prove that they have no money or property sufficient and available for food, shelter and basic necessities for themselves and their family as provided in Section 21 Rule 3. If the meet the requirements, the exemption is mandatory. However, if they do not meet the requirements, the court should not deny outright, instead the court should apply the indigency test. 3.4.

Venue

What is venue to the action?

Venue is the place or the geographical area where an action is to be filed and tried. In civil cases, it relates only to the place of the suit and not to the jurisdiction of the court (Manila Railroad Company vs. Attorney General, 20 Phil. 523). 3.4.1.

(1) (2) (3) (4) (5)

Venue versus jurisdiction

Distinguish jurisdiction from venue? Jurisdiction is the authority to hear and determine a case; venue is the place where the case is to be heard or tried; Jurisdiction is a matter of substantive law; venue of procedural law; Jurisdiction establishes a relation between the court and the subject matter; venue, a relation between plaintiff and defendant, or petitioner and respondent; Jurisdiction is fixed by law and cannot be conferred by the parties; venue may be conferred by the act or agreement of the parties; and Lack of jurisdiction over the subject matter is a ground for a motu propio dismissal; venue is not a ground for a motu propio dismissal except in cases subject to summary procedure.

Is venue jurisdictional? Venue is jurisdictional in cases of criminal actions but not in civil actions. 3.4.2.

Venue of real actions

What is a real action as distinguish to personal action? A Real Action is an action affecting title to or possession of real property or interest therein. All other actions are personal actions.

What is the venue of real action? 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. 1, Rule 4). 3.4.3.

Venue of persona

What is the venue of personal action? 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, all at the option of the plaintiff (Sec. 2, Rule 4). 3.4.4. Venue of actions against non-residents

What is the venue of action against nonresidents? 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,(1) the action may be commenced and tried in the court of the place where the plaintiff resides, or (2) where the property or any portion thereof is situated or found (Sec. 3, Rule 4), or (3) at the place where the defendant may be found, at the option of the plaintiff (Sec. 2).

For purposes of the Rule on venue, what is the residence of a corporation? The residence of a corporation is its principal place of business, not its branch office.

D, an American citizen, borrowed P500,000 from P, a Filipino citizen while vacationing in the Philippines. D failed to pay. D went back to the United States. May P file a suit against D?

No. D is a non-resident and he is not found in the Philippines. Nor does the action affect P’s personal status or any property of D located in the Philippines. A Philippine court cannot acquire jurisdiction over a nonresident defendant in an action in personam.

Plaintiff claridades filed an action with the CFI of Bulacan, where he resides, against Mercader and Fernanadez for the dissolution of their partnership. The main asset of the partnership was a fishpond located in Marinduque. Defendants filed an answer in which they alleged that the partnership had so far been unproductive and that this was the result of Plaintiff’s failure to contribute his share. Defendants counterclaimed for damages. Subsequently the court granted leave to intervene to Zulueta and his wife who alleged that they had bought the fishpond and were now its owners. Sulueta and his wife were given 10 days to file such pleading as they may deem necessary for the protection of their rights. The Zuluetas then filed a motion to dismiss upon the ground that venue was improperly laid. a. Should the motion to dismiss be granted? b. If the action filed by Plaintiff against Defendants were a real action affecting title over the fishpond, would your answer still be the same. a. NO. the motion to dismiss should not be granted. An action for the dissolution of partnership is a personal action not a real action, notwithstanding the fact that the main asset of the partnership was a real property. The sale of fishpond would merely be a necessary incident of the liquidation f the partnership. Hence the venue was properly laid. b. Yes, my answer would still be the same. The defendants had already waived the objection against improper venue when they did nt raise the same in the answer. The court having legally acquired authority to hear and decide the case, it cannot be divested of that authority by the intervenors. An intervention cannot alter the nature of the action and the issues joined by the original parties thereto. Intervention is not an independent proceeding but one which is merely ancillary to the existing action.

P filed a complaint against the surety with the RTC of Manila. The surety then filed a third-party complaint against X, who had executed an indemnity agreement undertaking to indemnify the surety in case it becomes liable under the surety bond. X filed a motion to dismiss the thirdparty complaint on the ground of improper venue. X pointed

out that the indemnity agreement between the surety and X contains a provision that any suit arising from the agreement shall be solely and exclusively filed in Quezon City. Should the court dismiss the third-party complaint? No. A third-party complaint is ancillary to the main action. Thus a thirdparty complaint has to yield to the jurisdiction and venue of the main action (Eastern Assurance and Surety Corp. v. Cui G.R, L-54452).

P filed a complaint for annulment of contracts of loan with cancellation of REM against D in Pasig, the place where P had its office. P alleged that the contract of loan was without the knowledge of the corporation. D moved to dismiss the complaint on the ground that the annulment of the REM is a real action, since P sought to compel D to accept its payment and thus affecting title over the property and free it from the encumbrance. Thus it should have been filed in Quezon City, where the encumbered properties are located. Is the complaint for cancellation of REM a real action? NO. the instant action to annul a contract and its accessory REM is a personal action. An action for cancellation of REM is a personal action if the mortgagee has not foreclosed the mortgage and the mortgagor is still in possession of the premises as his title to or possession of the property is not in dispute. (Chua vs. total Office Products and Services Sept. 30, 1950) 3.4.5. When the rules on venue do not apply

What are the instances when the rule in venue (Rule 4) does not apply? 1. In those cases where a specific rule or law provides otherwise; 2. Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.

What is the venue for libel?  It shall be filed with the Regional Trial Court having jurisdiction over the place where the libelous article is printed and first published, or  Where any of the offended parties actually resides at the time of the commission of the offense.

 In case where the offended party is a public officer whose office is in Manila, a special venue is provided by Art. 360 of the Revised Penal Code.

What is the venue for the petition for the declaration of nullity and annulment of marriage? It must be filed in the Family Court of the Province or City where the petitioner or respondent has been residing for at least 6 months prior to the date of filing or in case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.

What about petition for rehabilitation? Petitions for rehabilitations shall be filed in the RTC having jurisdiction over the territory where the debtor’s principal office is located.

P applied for 6 cellular phone subscriptions with Piltel. P later filed with the RTC of Iligan City a complaint for sum of money and damages against Piltel. The latter moved to dismiss on the ground of improper venue, citing the common provision in the subscription agreements which provide that; “the venue of all suits arising from this Agreement shall be in the proper courts of Makati City. Subscriber expressly waives any other venue” Should the motion to dismiss be granted? YES. The exclusive venue provision was held valid by SC. SC distinguished in this case from Sweet lines v. Teves 83 SCRA 361, in which the plaintiffs were virtually compelled to buy tickets from Sweet Lines otherwise they would be stranded in Bohol. Here the plaintiff had unfettered freedom to sign or not sign the subscription agreement. (Piltel v. Tecson, GR 156966, May 7, 2004) 3.4.6. Effects of stipulations on venue

Respondent entered into a payroll agreement with the bank. The agreement contained a venue stipulation which reads thus: “In case of litigation, venue shall be in the proper trial courts of Manila for determination of any and all questions arising hereunder”. A dispute arising from the payroll agreement between Respondent and the bank ensued. Respondent filed an action for damages with the RTC of Quezon City where he resides. The bank filed a motion to dismiss on the ground of improper venue. Should the motion to dismiss be granted? NO. The venue stipulation here is not exclusive but merely permissive of it does not contain the words expressing the intent that Manila is an exclusive venue, like “exclusively” or “solely”. Hence the filing of the case in Quezon City where the plaintiff resides is proper. (Philippine Bank of communications v. Trazo, August 30, 2016)

When may the ground of improper venue be raised by the defendant? In a motion to dismiss, or in an answer if no motion to dismiss was filed. The former rule which provides that “when improper venue is not objected to in a motion to dismiss it is deemed waived”, was deleted in the 1997 Rules of Civil Procedure.

Can a party file a motion to dismiss in cases governed by Summary Procedure and ejectment cases? NO. Such motion is a prohibited pleading in cases governed by summary procedure and ejectment case.

May the trial court dismiss a complaint motu proprio on the ground of improper venue? No, since the defendant does not raise the objection of improper venue either in a motion to dismiss or in the answer, he is deemed to have waived it. However in cases governed by the Rule on Summary Procedure and in ejectment cases, the trial court instead of issuing the summons may from an examination of the allegations in the complaint and such evidence as may be attached thereto dismiss the case outright on any of the grounds for dismissal of a civil action which are apparent therein, including improper venue.

Of course if the defendant files an answer in which improper venue is not asserted, he is deemed to have waived such ground.

RULE 5. UNIFORM PROCEDURE IN TRIAL COURTS.

What civil cases are governed by the Rule on Summary Procedure? 1. Ejectment cases. 2. Cases where the total amount of the plaintiff’s claim does not exceed P100,000 or P200,000 in Metro Manila, exclusive of interests and cost. Note that probate proceedings are not governed by the Rule on Summary Procedure.

In ejectment cases, may the court award attorney’s fees exceeding P20,000? YES. The limitation provided by the rules has been deleted.

What are the pleadings allowed under the rule on Summary Procedure? 1. Complaint; 2. Compulsor 3.5. Pleadings 3.5.1. Kinds of pleadings a) Complaint b) Answer i. Negative defenses ii. Negative pregnant iii. Affirmative defenses c) Counterclaims i. Compulsory counterclaim ii. Permissive counterclaim iii. Effect on the counterclaim when the complaint is dismissed d) Cross-claims e) Third (fourth, etc.) party complaints f) Complaint-in-intervention g) Reply

3.5.2. Pleadings allowed in small claim cases and cases covered by the Rules on Summary Procedure 3.5.3. Parts of a pleading a) Caption b) Signature and address c) Verification and certification against forum shopping i. Requirements of a corporation executing the verification/certification of non-forum shopping d) Effect of the signature of counsel in a pleading 3.5.4. Allegations in a pleading a) Manner of making allegations i. Condition precedent ii. Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official documents or acts b) Pleading an actionable document c) Specific denials i. Effect of failure to make specific denials ii. When a specific denial requires an oath 3.5.5. Effect of failure to plead a) Failure to plead defenses and objections b) Failure to plead a compulsory counterclaim and crossclaim 3.5.6. Default a) When a declaration of default is proper b) Effect of an order of default c) Relief from an order of default d) Effect of a partial default e) Extent of relief f) Actions where default is not allowed l actions 3.5.7. Filing and service of pleadings a) Payment of docket fees b) Filing versus service of pleadings c) Periods of filing of pleadings d) Manner of filing e) Modes of service i. Personal service ii. Service by mail iii. Substituted service iv. Service of judgments, final orders or resolutions v. Priorities in modes of service and filing vi. When service is deemed complete vii. Proof of filing and service 3.5.8. Amendment a) Amendment as a matter of right b) Amendments by leave of court c) Formal amendment d) Amendments to conform to or authorize presentation of evidence e) Different from supplemental pleadings

f) Effect of amended pleading 3.6. Summons 3.6.1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem 3.6.2. Voluntary appearance 3.6.3. Personal service 3.6.4. Substituted service 3.6.5. Constructive service (by publication) a) Service upon a defendant where his identity is unknown or his whereabouts are unknown b) Service upon residents temporarily outside the Philippines 3.6.6. Extra-territorial service, when allowed 3.6.7. Service upon prisoners and minors 3.6.8. Proof of service 3.7. Motions 3.7.1. Motions in general a) Definition of a motion b) Motions versus pleadings c) Contents and forms of motions d) Notice of hearing and hearing of motions e) Omnibus motion rule f) Litigated and ex parte motions g) Pro-forma motions 3.7.2. Motions for bill of particulars a) Purpose and when applied for b) Actions of the court c) Compliance with the order and effect of noncompliance d) Effect on the period to file a responsive pleading 3.7.3. Motion to dismiss a) Grounds b) Resolution of motion c) Remedies of plaintiff when the complaint is dismissed d) Remedies of the defendant when the motion is denied e) Effect of dismissal of complaint on certain grounds f) When grounds pleaded as affirmative defenses g) Bar by dismissal h) Distinguished from demurrer to evidence under Rule 33 3.8. Dismissal of actions 3.8.1. Dismissal upon notice by plaintiff; two-dismissal rule 3.8.2. Dismissal upon motion by plaintiff; effect on existing counterclaim 3.8.3. Dismissal due to the fault of plaintiff 3.8.4. Dismissal of counterclaim, cross-claim or third-party complaint 3.9. Pre-trial 3.9.1. Concept of pre-trial 3.9.2. Nature and purpose 3.9.3. Notice of pre-trial 3.9.4. Appearance of parties; effect of failure to appear

3.9.5. Pre-trial brief; effect of failure to file 3.9.6. Distinction between pre-trial in civil case and pre-trial in criminal case 3.9.7. Alternative Dispute Resolution (ADR) a) Special Rules of Court on ADR (A.M. No. 07-11-08-SC) 3.10. Intervention 3.10.1. Requisites for intervention 3.10.2. Time to intervene 3.10.3. Remedy for the denial of motion to intervene 3.11. Subpoena 3.11.1. Subpoena duces tecum 3.11.2. Subpoena ad testificandum 3.11.3. Service of subpoena 3.11.4. Compelling attendance of witnesses; contempt 3.11.5. Quashing of subpoena 3.12. Modes of discovery 3.12.1. Depositions pending action; depositions before action or pending appeal a) Meaning of deposition b) Uses; scope of examination c) When may objections to admissibility be made d) When may taking of deposition be terminated or its scope limited 3.12.2. Written interrogatories to adverse parties a) Consequences of refusal to answer b) Effect of failure to serve written interrogatories 3.12.3. Request for admission a) Implied admission by adverse party b) Consequences of failure to answer request for admission c) Effect of admission d) Effect of failure to file and serve request for admission 3.12.4. Production or inspection of documents or things 3.12.5. Physical and mental examination of persons 3.12.6. Consequences of refusal to comply with modes of discovery 3.13. Trial 3.13.1. Adjournments and postponements 3.13.2. Requisites of motion to postpone trial a) For absence of evidence b) For illness of party or counsel 3.13.3. Agreed statement of facts 3.13.4. Order of trial; reversal of order 3.13.5. Consolidation or severance of hearing or trial 3.13.6. Delegation of reception of evidence 3.13.7. Trial by commissioners a) Reference by consent or ordered on motion b) Powers of the commissioner c) Commissioner’s report; notice to parties and hearing on the report 3.14. Demurrer to evidence 3.14.1. Ground

3.14.2. Effect of denial 3.14.3. Effect of grant 3.14.4. Waiver of right to present evidence 3.14.5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case 3.15. Judgments and final orders 3.15.1. Judgment without trial 3.15.2. Contents of a judgment 3.15.3. Judgment on the pleadings 3.15.4. Summary judgments a) For the claimant b) For the defendant c) When the case not fully adjudicated d) Affidavits and attachments 3.15.5. Judgment on the pleadings versus summary judgments 3.15.6. Rendition of judgments and final orders 3.15.7. Entry of judgment and final order 3.16. Post-judgment remedies 3.16.1. Motion for new trial or reconsideration a) Grounds b) When to file c) Denial of the motion; effect d) Grant of the motion; effect e) Remedy when motion is denied, fresh 15-day period rule 3.16.2. Appeals in general a) Judgments and final orders subject to appeal b) Matters not appealable c) Remedy against judgments and orders which are not appealable d) Modes of appeal i. Ordinary appeal ii. Petition for review iii. Petition for review on certiorari e) Issues to be raised on appeal f) Period of appeal g) Perfection of appeal h) Appeal from judgments or final orders of the MTC i) Appeal from judgments or final orders of the RTC j) Appeal from judgments or final orders of the CA k) Appeal from judgments or final orders of the CTA l) Review of final judgments or final orders of the Comelec m) Review of final judgments or final orders of the Ombudsman n) Review of final judgments or final orders of the NLRC o) Review of final judgments or final orders of quasi-judicial agencies 3.16.3. Relief from judgments, orders and other proceedings a) Grounds for availing of the remedy b) Time to file petition c) Contents of petition 3.16.4. Annulment of judgments or final orders and resolutions

a) Grounds for annulment b) Period to file action c) Effects of judgment of annulment 3.16.5. Collateral attack of judgments 3.17. Execution, satisfaction and effect of judgments 3.17.1. Difference between finality of judgment for purposes of appeal; for purposes of execution 3.17.2. When execution shall issue a) Execution as a matter of right b) Discretionary execution 3.17.3. How a judgment is executed a) Execution by motion or by independent action b) Issuance and contents of a writ of execution c) Execution of judgments for money d) Execution of judgments for specific acts e) Execution of special judgments f) Effect of levy on third persons 3.17.4. Properties exempt from execution 3.17.5. Proceedings where property is claimed by third persons a) In relation to third-party claim in attachment and replevin 3.17.6. Rules on redemption 3.17.7. Examination of judgment obligor when judgment is unsatisfied 3.17.8. Examination of obligor of judgment obligor 3.17.9. Effect of judgment or final orders 3.17.10. Enforcement and effect of foreign judgments or final orders 3.18. Provisional remedies 3.18.1. Nature of provisional remedies 3.18.2. Jurisdiction over provisional remedies 3.18.3. Preliminary attachment a) Grounds for issuance of writ of attachment b) Requisites c) Issuance and contents of order of attachment; affidavit and bond d) Rule on prior or contemporaneous service of summons e) Manner of attaching real and personal property; when property attached is claimed by third person f) Discharge of attachment and the counter-bond g) Satisfaction of judgment out of property attached 3.18.4. Preliminary injunction a) Definitions and differences: preliminary injunction and temporary restraining order; status quo ante order b) Requisites c) Kinds of injunction d) When writ may be issued e) Grounds for issuance of preliminary injunction f) Grounds for objection to, or for the dissolution of injunction or

restraining order g) Duration of a Temporary Restraining Order (TRO) h) In relation to R.A. No. 8975, ban on issuance of TRO or writ of injunction in cases involving government infrastructure projects i) Rule on prior or contemporaneous service of summons in relation to attachment 3.18.5. Receivership a) Cases when receiver may be appointed b) Requisites c) Requirements before issuance of an order d) General powers of a receiver e) Two kinds of bonds f) Termination of receivership 3.18.6. Replevin a) When may writ be issued b) Requisites c) Affidavit and bond; redelivery bond d) Sheriff’s duty in the implementation of the writ; when property is claimed by third party 3.19. Special civil actions 3.19.1. Nature of special civil actions 3.19.2. Ordinary civil actions versus special civil actions 3.19.3. Jurisdiction and venue 3.19.4. Interpleader a) Requisites for interpleader b) When to file 3.19.5. Declaratory reliefs and similar remedies a) Who may file the action b) Requisites of action for declaratory relief c) When court may refuse to make judicial declaration d) Conversion to ordinary action e) Proceedings considered as similar remedies i. Reformation of an instrument ii. Consolidation of ownership iii. Quieting of title to real property 3.19.6. Review of judgments and final orders or resolution of the Comelec and COA a) Application of Rule 65 under Rule 64 b) Distinction in the application of Rule 65 to judgments of the Comelec and COA and the application of Rule 65 to other tribunals, persons and officers 3.19.7. Certiorari, prohibition and mandamus a) Definitions and distinctions i. Certiorari distinguished from appeal by certiorari ii. Prohibition and mandamus distinguished from injunction b) Requisites c) When petition for certiorari, prohibition and mandamus is proper d) Injunctive relief

e) Exceptions to filing of motion for reconsideration before filing petition f) Reliefs petitioner is entitled to g) Actions/omissions of MTC/RTC in election cases h) When and where to file petition i) Effects of filing of an unmeritorious petition 3.19.8. Quo warranto a) Distinguish from quo warranto in the Omnibus Election Code b) When government may commence an action against individuals c) When individual may commence an action d) Judgment in quo warranto action e) Rights of a person adjudged entitled to public office 3.19.9. Expropriation a) Matters to allege in complaint for expropriation b) Two stages in every action for expropriation c) When plaintiff can immediately enter into possession of the real property, in relation to R.A. No. 8974 d) New system of immediate payment of initial just compensation e) Defenses and objections f) Order of expropriation g) Ascertainment of just compensation h) Appointment of commissioners; commissioner’s report; court action upon commissioner’s report i) Rights of plaintiff upon judgment and payment j) Effect of recording of judgment 3.19.10. Foreclosure of real estate mortgage a) Judgment on foreclosure for payment or sale b) Sale of mortgaged property; effect c) Disposition of proceeds of sale d) Deficiency judgment i. Instances when court cannot render deficiency judgment e) Judicial foreclosure versus extrajudicial foreclosure f) Equity of redemption versus right of redemption 3.19.11. Partition a) Who may file complaint; who should be made defendants b) Matters to allege in the complaint for partition c) Two stages in every action for partition d) Order of partition and partition by agreement e) Partition by commissioners; appointment of commissioners, commissioner’s report; court action upon commissioner’s report f) Judgment and its effects g) Partition of personal property h) Prescription of action 3.19.12. Forcible entry and unlawful detainer a) Definitions and distinction b) Distinguished from accion publiciana, accion reivindicatoria and accion interdictal

c) How to determine jurisdiction in accion publiciana, accion reivindicatoria and accion interdictal d) Who may institute the action and when; against whom the action may be maintained e) Pleadings allowed f) Action on the complaint g) When demand is necessary h) Preliminary injunction and preliminary mandatory injunction i) Resolving defense of ownership j) How to stay the immediate execution of judgment k) Summary procedure, prohibited pleadings 3.19.13. Contempt a) Kinds of contempt b) Purpose and nature of each c) Remedy against direct contempt; penalty d) Remedy against indirect contempt; penalty e) How contempt proceedings are commenced f) Acts deemed punishable as indirect contempt g) When imprisonment shall be imposed h) Contempt against quasi-judicial bodies 4. Special Proceedings 4.1. Settlement of estate of deceased persons, venue and process 4.1. 1. Which court has jurisdiction 4.1. 2. Venue in judicial settlement of estate 4.1. 3. Extent of jurisdiction of probate court 4.1.4. Powers and duties of probate court 4.2. Summary settlement of estates 4.2.1. Extrajudicial settlement by agreement between heirs, when allowed 4.2.2. Two-year prescriptive period 4.2.3. Affidavit of self-adjudication by sole heir 4.2.4. Summary settlement of estates of small value, when allowed 4.2.5. Remedies of aggrieved parties after extrajudicial settlement of estate 4.3. Production and probate of will 4.3.1. Nature of probate proceeding 4.3.2. Who may petition for probate; persons entitled to notice 4.4. Allowance or disallowance of will 4.4. 1. Contents of petition for allowance of will 4.4. 2. Grounds for disallowing a will 4.4. 3. Reprobate a) Requisites before a will proved abroad would be allowed in the Philippines 4.4.4. Effects of probate 4.5. Letters testamentary and of administration 4.5. 1. When and to whom letters of administration granted 4.5. 2. Order of preference 4.5. 3. Opposition to issuance of letters testamentary; simultaneous filing of petition for administration

4.5. 4. Powers and duties of executors and administrators; restrictions on the powers 4.5. 5. Appointment of special administrator 4.5. 6. Grounds for removal of administrator 4.6. Claims against the estate 4.6.1. Time within which claims shall be filed; exceptions 4.6.2. Statute of non-claims 4.6.3. Claim of executor or administrator against the estate 4.6.4. Payment of debts 4.7. Actions by and against executors and administrators 4.7.1. Actions that may be brought against executors and administrators 4.7.2. Requisites before creditor may bring an action for recovery of property fraudulently conveyed by the deceased 4.8. Distribution and partition 4.8.1. Liquidation 4.8.2. Project of partition 4.8.3. Remedy of an heir entitled to residue but not given his share 4.8.4. Instances when probate court may issue writ of execution 4.9. Trustees 4.9.1. Distinguished from executor/administrator 4.9.2. Conditions of the bond 4.9.3. Requisites for the removal and resignation of a trustee 4.9.4. Grounds for removal and resignation of a trustee 4.9.5. Extent of authority of trustee 4.10. Escheat 4.10.1. When to file 4.10.2. Requisites for filing of petition 4.10.3. Remedy of respondent against petition; period for filing a claim 4.11. Guardianship 4.11.1. General powers and duties of guardians 4.11.2. Conditions of the bond of the guardian 4.11.3. Rule on guardianship over minor 4.12. Adoption 4.12.1. Distinguish domestic adoption from inter-country adoption 4.12.2. Domestic Adoption Act a) Effects of adoption b) Instances when adoption may be rescinded c) Effects of rescission of adoption 4.12.3. Inter-country adoption a) When allowed b) Functions of the RTC c) “Best interest of the minor” standard 4.13. Writ of habeas corpus 4.13.1. Contents of the petition 4.13.2. Contents of the return 4.13.3. Distinguish peremptory writ from preliminary citation 4.13.4. When not proper/applicable 4.13.5. When writ disallowed/discharged

4.13.6. Distinguish from writ of amparo and habeas data 4.13.7. Rules on Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors (A.M. No. 03-04-04-SC) 4.14. Writ of Amparo (A.M. No. 07-9-12-SC) 4.14.1. Coverage 4.14.2. Distinguish from habeas corpus and habeas data 4.14.3. Differences between amparo and search warrant 4.14.4. Who may file 4.14.5. Contents of return 4.14.6. Effects of failure to file return 4.14.7. Omnibus waiver rule 4.14.8. Procedure for hearing 4.14.9. Institution of separate action 4.14.10. Effect of filing of a criminal action 4.14.11. Consolidation 4.14.12. Interim reliefs available to petitioner and respondent 4.14.13. Quantum of proof in application for issuance of writ of amparo 4.15. Writ of Habeas Data (A.M. No. 08-1-16-SC) 4.15.1. Scope of writ 4.15.2. Availability of writ 4.15.3. Distinguished from habeas corpus and amparo 4.15.4. Contents of the petition 4.15.5. Contents of return 4.15.6. Instances when petition may be heard in chambers 4.15.7. Consolidation 4.15.8. Effect of filing of a criminal action 4.15.9. Institution of separate action 4.15.10. Quantum of proof in application for issuance of writ of amparo 4.16. Change of name 4.16.1. Differences under Rule 103, R.A. No. 9048 and Rule 108 4.16.2. Grounds for change of name 4.17. Absentees 4.17.1. Purpose of the rule 4.17.2. Who may file; when to file 4.18. Cancellation or correction of entries in the Civil Registry 4.18.1. Entries subject to cancellation or correction under Rule 108, in relation to R.A. No. 9048 4.19. Appeals in special proceedings 4.19.1. Judgments and orders for which appeal may be taken 4.19.2. When to appeal 4.19.3. Modes of appeal 4.19.4. Rule on advance distribution 5. Criminal Procedure 5.1. General matters 5.1.1. Distinguish jurisdiction over subject matter from jurisdiction over person of the accused 5.1.2. Requisites for exercise of criminal jurisdiction 5.1.3. Jurisdiction of criminal courts

5.1.4. When injunction may be issued to restrain criminal prosecution 5.2. Prosecution of offenses 5.2.1. Criminal actions, how instituted 5.2.2. Who may file them, crimes that cannot be prosecuted de officio 5.2.3. Criminal actions, when enjoined 5.2.4. Control of prosecution 5.2.5. Sufficiency of complaint or information 5.2.6. Designation of offense 5.2.7. Cause of the accusation 5.2.8. Duplicity of the offense; exception 5.2.9. Amendment or substitution of complaint or information 5.2.10. Venue of criminal actions 5.2.11. Intervention of offended party 5.3. Prosecution of civil action 5.3.1. Rule on implied institution of civil action with criminal action 5.3.2. When civil action may proceed independently 5.3.3. When separate civil action is suspended 5.3.4. Effect of death of the accused or convict on civil action 5.3.5. Prejudicial question 5.3.6. Rule on filing fees in civil action deemed instituted with the criminal action 5.4. Preliminary investigation 5.4.1. Nature of right 5.4.2. Purposes of preliminary investigation 5.4.3. Who may conduct determination of existence of probable cause 5.4.4. Resolution of investigation prosecutor 5.4.5. Review 5.4.6. When warrant of arrest may issue 5.4.7. Cases not requiring a preliminary investigation 5.4.8. Remedies of accused if there was no preliminary investigation 5.4.9. Inquest 5.5. Arrest 5.5.1. Arrest, how made 5.5.2. Arrest without warrant, when lawful 5.5.3. Method of arrest a) By officer with warrant b) By officer without warrant c) By private person 5.5.4. Requisites of a valid warrant of arrest 5.5.5. Determination of probable cause for issuance of warrant of arrest 5.5.6. Distinguish probable cause of fiscal from that of a judge 5.6. Bail 5.6.1. Nature 5.6.2. When a matter of right; exceptions 5.6.3. When a matter of discretion 5.6.4. Hearing of application for bail in capital offenses 5.6.5. Guidelines in fixing amount of bail

5.6.6. Bail when not required 5.6.7. Increase or reduction of bail 5.6.8. Forfeiture and cancellation of bail 5.6.9. Application not a bar to objections in illegal arrest, lack of or irregular preliminary investigation 5.6.10. Hold departure order & Bureau of Immigration watchlist 5.7. Rights of the accused 5.7.1. Rights of accused at the trial 5.7.2. Rights of persons under custodial investigation 5.8. Arraignment and plea 5.8.1. Arraignment and plea, how made 5.8.2. When should plea of not guilty be entered 5.8.3. When may accused enter a plea of guilty to a lesser offense 5.8.4. Accused pleads guilty to capital offense, what the court should do 5.8.5. Searching inquiry 5.8.6. Improvident plea 5.8.7. Grounds for suspension of arraignment 5.9. Motion to quash 5.9.1. Grounds 5.9.2. Distinguish from demurrer to evidence 5.9.3. Effects of sustaining the motion to quash 5.9.4. Exception to the rule that sustaining the motion is not a bar to another prosecution 5.9.5. Double jeopardy 5.9.6. Provisional dismissal 5.10. Pre-trial 5.10.1. Matters to be considered during pre-trial 5.10.2. What the court should do when prosecution and offended party agree to the plea offered by the accused 5.10.3. Pre-trial agreement 5.10.4. Non-appearance during pre-trial 5.10.5. Pre-trial order 5.10.6. Referral of some cases for court annexed mediation and judicial dispute resolution 5.11. Trial 5.11.1. Instances when presence of accused is required by law 5.11.2. Requisite before trial can be suspended on account of absence of witness 5.11.3. Trial in absentia 5.11.4. Remedy when accused is not brought to trial within the prescribed period 5.11.5. Requisites for discharge of accused to become a state witness 5.11.6. Effects of discharge of accused as state witness 5.11.7. Demurrer to evidence 5.12. Judgment

5.12.1. Requisites of a judgment 5.12.2. Contents of judgment 5.12.3. Promulgation of judgment; instances of promulgation of judgment in absentia 5.12.4. When does judgment become final (four instances) 5.13. New trial or reconsideration 5.13.1. Grounds for new trial 5.13.2. Grounds for reconsideration 5.13.3. Requisites before a new trial may be granted on ground of newlydiscovered evidence 5.13.4. Effects of granting a new trial or reconsideration 5.13.5. Application of Neypes doctrine in criminal cases 5.14. Appeal 5.14.1. Effect of an appeal 5.14.2. Where to appeal 5.14.3. How appeal taken 5.14.4. Effect of appeal by any of several accused 5.14.5. Grounds for dismissal of appeal 5.15. Search and seizure 5.15.1. Nature of search warrant 5.15.2. Distinguish from warrant of arrest 5.15.3. Application for search warrant, where filed 5.15.4. Probable cause 5.15.5. Personal examination by judge of the applicant and witnesses 5.15.6. Particularity of place to be searched and things to be seized 5.15.7. Personal property to be seized 5.15.8. Exceptions to search warrant requirement a) Search incidental to lawful arrest b) Consented search c) Search of moving vehicle d) Check points; body checks in airport e) Plain view situation f) Stop and frisk situation g) Enforcement of custom laws h) Remedies from unlawful search and seizure 5.16. Provisional remedies 5.16.1. Nature 5.16.2. Kinds of provisional remedies 6. Evidence 6.1. General principles 6.1.1. Concept of evidence 6.1.2. Scope of the Rules on Evidence 6.1.3. Evidence in civil cases versus evidence in criminal cases 6.1.4. Proof versus evidence 6.1.5. Factum probans versus factum probandum 6.1.6. Admissibility of evidence a) Requisites for admissibility of evidence b) Relevance of evidence and collateral matters

c) Multiple admissibility d) Conditional admissibility e) Curative admissibility f) Direct and circumstantial evidence g) Positive and negative evidence h) Competent and credible evidence 6.1.7. Burden of proof and burden of evidence 6.1.8. Presumptions a) Conclusive presumptions b) Disputable presumptions 6.1.9. Liberal construction of the rules of evidence 6.1.10. Quantum of evidence (weight and sufficiency of evidence) a) Proof beyond reasonable doubt b) Preponderance of evidence c) Substantial evidence d) Clear and convincing evidence 6.2. Judicial notice and judicial admissions 6.2.1. What need not be proved 6.2.2. Matters of judicial notice a) Mandatory b) Discretionary 6.2.3. Judicial admissions a) Effect of judicial admissions b) How judicial admissions may be contradicted 6.2.4. Judicial notice of foreign laws, law of nations and municipal ordinance 6.3. Object (real) evidence 6.3.1. Nature of object evidence 6.3.2. Requisites for admissibility 6.3.3. Categories of object evidence 6.3.4. Demonstrative evidence 6.3.5. View of an object or scene 6.3.6. Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002 6.3.7. Rule on DNA Evidence (A.M. No. 06-11-5-SC) a) Meaning of DNA b) Applicable for DNA testing order c) Post-conviction DNA testing; remedy d) Assessment of probative value of DNA evidence and admissibility e) Rules on evaluation of reliability of the DNA testing methodology 6.4. Documentary evidence 6.4.1. Meaning of documentary evidence 6.4.2. Requisites for admissibility 6.4.3. Best Evidence Rule a) Meaning of the rule b) When applicable c) Meaning of original d) Requisites for introduction of secondary evidence 6.4.4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

a) Scope; coverage; meaning of electronic evidence; electronic data message b) Probative value of electronic documents or evidentiary weight; method of proof c) Authentication of electronic documents and electronic signatures d) Electronic documents vis-a-vis the hearsay rule e) Audio, photographic, video and ephemeral evidence 6.4.5. Parol Evidence Rule a) Application of the parol evidence rule b) When parol evidence can be introduced c) Distinctions between the best evidence rule and parol evidence rule 6.4.6. Authentication and proof of documents a) Meaning of authentication b) Public and private documents c) When a private writing requires authentication; proof of a private writing d) When evidence of authenticity of a private writing is not required (ancient documents) e) How to prove genuineness of a handwriting f) Public documents as evidence; proof of official record g) Attestation of a copy h) Public record of a public document i) Proof of lack of record j) How a judicial record is impeached k) Proof of notarial documents l) How to explain alterations in a document m) Documentary evidence in an unofficial language 6.5. Testimonial evidence 6.5.1. Qualifications of a witness 6.5.2. Competency versus credibility of a witness 6.5.3. Disqualifications of witnesses a) By reason of mental capacity or immaturity b) By reason of marriage c) By reason of death or insanity of adverse party d) By reason of privileged communications 6.5.4. Examination of a witness a) Rights and obligations of a witness b) Order in the examination of an individual witness i. Direct examination ii. Cross examination iii. Re-direct examination iv. Re-cross examination v. Recalling the witness c) Leading and misleading questions d) Methods of impeachment of adverse party’s witness e) How the witness is impeached by evidence of inconsistent statements (laying the predicate) f) Evidence of the good character of a witness g) Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 6.5.5. Admissions and confessions a) Res inter alios acta rule b) Admission by a party c) Admission by a third party

d) Admission by a co-partner or agent e) Admission by a conspirator f) Admission by privies g) Admission by silence h) Confessions i) Similar acts as evidence 6.5.6. Hearsay Rule a) Meaning of hearsay b) Reason for exclusion of hearsay evidence c) Exceptions to the hearsay rule i. Dying declaration ii. Declaration against interest iii. Act or declaration about pedigree iv. Family reputation or tradition regarding pedigree v. Common reputation vi. Part of the res gestae vii. Entries in the course of business viii. Entries in official records ix. Commercial lists and the like x. Learned treaties xi. Testimony or deposition at a former trial 6.5.7. Opinion rule a) Opinion of expert witness b) Opinion of ordinary witness 6.5.8. Character evidence a) Criminal cases b) Civil cases 6.5.9. Rule on Examination of a Child Witness (A.M. No. 004-07-SC) a) Applicability of the rule b) Meaning of “child witness” c) Competency of a child witness d) Examination of a child witness e) Live-link TV testimony of a child witness f) Videotaped deposition of a child witness g) Hearsay exception in child abuse cases h) Sexual abuse shield rule i) Protective orders 6.6. Offer and objection 6.6.1. Offer of evidence 6.6.2. When to make an offer 6.6.3. Objection 6.6.4. Repetition of an objection 6.6.5. Ruling 6.6.6. Striking out of an answer 6.6.7. Tender of excluded evidence 7. Revised Rules on Summary Procedure 7.1. Cases covered by the rule 7.2. Effect of failure to answer 7.3. Preliminary conference and appearances of parties 8. Katarungang Pambarangay Law (P.D. No. 1508; R.A. 7610, as amended)

8.1. Cases covered 8.2. Subject matter for amicable settlement 8.3. Venue 8.4. When parties may directly go to court 8.5. Execution 8.6. Repudiation 9. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC) 9.1. Scope and applicability of the rule 9.2. Commencement of small claims action; response 9.3. Prohibited pleadings and motions 9.4. Appearances 9.5. Hearing; duty of the judge 9.6. Finality of judgment 10. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8SC) 10.1. Scope and applicability of the rule 10.2. Civil procedure 10.2.1. Prohibition against temporary restraining order and preliminary injunction 10.2.2. Pre-trial conference; consent decree 10.2.3. Prohibited pleadings and motions 10.2.4. Temporary Environmental Protection Order (TEPO) 10.2.5. Judgment and execution; reliefs in a citizen’s suit 10.2.6. Permanent Environmental Protection Order; writ of continuing mandamus 10.2.7. Strategic lawsuit against public participation 10.3. Special proceedings 10.3.1. Writ of Kalikasan 10.3.2. Prohibited pleadings and motions 10.3.3. Discovery measures 10.3.4. Writ of continuing mandamus 10.4. Criminal procedure 10.4.1. Who may file 10.4.2. Institution of criminal and civil action 10.4.3. Arrest without warrant, when valid 10.2.4. Strategic lawsuit against public participation 10.4.5. Procedure in the custody and disposition of seized items 10.4.6. Bail 10.4.7. Arraignment and plea 10.4.8. Pre-trial 10.4.9. Subsidiary liabilities 10.5. Evidence 10.5.1. Precautionary principle 10.5.2. Documentary evidence 11. Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 11.1. Scope and where applicable 11.2 Contents and Procedure 11.3 Application to criminal actions 11.4 Effect of non-compliance 11.5 Effect on other rules 12. Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

IMPORTANT NOTES: 1. This listing of covered topics is not intended and should not be used by the law schools as a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are guided on the coverage of the 2015 Bar Examinations. 2. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and promulgated up to March 31, 2015 - are examinable materials within the coverage of the 2015 Bar Examinations.