MODULE I or instrumentalities for the administration of

GENERAL PRINCIPLES public affairs, which when violated gives rise

to a cause of action.
REMEDIAL LAW
Remedial law
Concept – prescribes the methods of enforcing
– rules of procedure by which courts those rights and obligations created by
applying laws of all kinds can properly substantive law. (Primicias vs. Ocampo, 81
administer justice. They include rules of Phil 650)
pleadings, practice and evidence.
REMEDIAL LAW SUBSTANTIVE
- plays a vital role in the administration of LAW
justice. It lies at the very core of does not create creates vested
vested rights rights

PROCEDURAL DUE PROCESS GR: May be applied generally

• means a law which hears before it retroactively prospective in
condemns, one which proceeds upon application
inquiry and renders judgment only Exceptions:
after trial, and contemplates an
opportunity to be heard before a. statute expressly
judgment is rendered. provides

Nature b.under
– RULES OF COURT have the the circumstances
force and effect of law. when it would not be
- strict compliance with the rules has feasible or would
been held mandatory and imperative. work injustice

Object c. if to do so would
– not to cause undue protraction of create intricate
the litigation, but to facilitate the adjudication problems of due
of conflicting claims and to serve, rather than process or impair
to defeat, the ends of justice. independence of
courts.
Implementation
– through the judicial system, SC empowered to enacted by
including the prosecutor service of courts promulgate rules Congress
and quasi-judicial agencies.

If the rule takes away a vested right, it

REMEDIAL LAW vs. SUBSTANTIVE LAW is not procedural. If the rule creates a right
such as the right to appeal, it may be
Substantive law classified as substantive matter; but if it
– part of the law which creates, operates as a means of implementing an
defines or regulates rights concerning life, existing right, then the rule deals merely with
liberty or property or the powers of agencies procedure. (Fabian vs. Desierto)
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
 Statutes and rules regulating the EXCEPTIONS:
procedure of courts are considered a.) Reglementary periods
applicable to actions pending and b.) Rule on forum shopping; and
unresolved at the time of their passage. c.) Service of Summons
This retroactive application does not violate
any right of a person adversely affected Note: Liberal interpretation may only be
(Panay Railways, Inc. vs. Heva invoked where there is an excusable formal
Management and Development Corp.) error in a pleading provided it does not
subvert the essence of the proceeding and
there connotes a reasonable attempt at
RULE-MAKING POWER OF THE compliance (Martos vs. New San Jose
SUPREME COURT Builders, Inc.)

“The Supreme Court shall promulgate RULE ON UNIFORM INTERPRETATION

the rules concerning the protection and The principle that every statute must
enforcement of constitutional rights, be so construed and harmonized with other
pleading, practice, and procedure in all statutes applies to interpreting different sets
court.” Art. VIII, Sec. 5 par 5 of rules such as the Rules of Civil Procedure
and the Rule on Summary Procedure.
LIMITATIONS:
a.) must provide a simplified and
inexpensive procedure SC Power to Amend and Suspend
b.) rules shall be uniform for all courts of the Procedural Rules
same grade
c.) rules shall not diminish, increase of Compliance is the Rule;
modify substantive rights abandonment should only be done in the
most exceptional circumstances. (Pilapil
SOURCES OF REMEDIAL LAW vs. Heirs of Briones)
1. CONSTITUTION
2. DIFFERENT LAWS CREATING THE COURTS have the power to relax
JUDICIARY procedural rules when compelling reasons
3. PROCEDURAL LAWS AND RULES so warrant or when the purpose of justice
PROMULGATED BY THE SC requires it. (Commissioner of Internal
4. CIRCULARS Revenue vs. Migrant Pagbilao Corp.)
5. ADMINISTRATIVE ORDERS
6. INTERNAL RULES and The rules of procedure should be
7. COURT DECISIONS viewed as mere tools designed to facilitate
the attainment of justice. Their strict and
RULES OF COURT rigid application, which would result in
technicalities that tend to frustrate rather
INTERPRETATION than promote substantial justice, must
GR: rules shall be liberally construed always be avoided. (De Guzman vs.
in order to promote their objective of Sandiganbayan)
securing a JUST, SPEEDY and
INEXPENSIVE disposition of every action Where strong considerations of
and proceeding. (Sec. 6, Rule 1) substantial justice are manifest on the
petition, the strict application of the rules of
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
procedure may be relaxed, in the exercise of litigations, conflicting judgments, and
its equity jurisdiction. A rigid application of confusion between litigants and courts
the rules of procedure will not be entertained (Security Bank Corp. vs. Judge Victorio)
if it will obstruct rather than serve the
broader interests of justice in the light of the
prevailing circumstances in the case under PHILIPPINE JUDICIAL SYSTEM
consideration (CTMC Int’l vs. Bhagis Int’l
Corp.)
COURTS

Exception to the Exception: • A court is an entity or body vested with

Parties praying for liberal a portion of the judicial power.
interpretation has the burden of proving that • Bec. The judicial power shall be
they deserve an exceptional treatment vested in one Supreme Court and in
(Prieto vs. Alpadi Development Corp.) such other lower courts as may be
established by law. (Art. VIII, Sec. 1 of
Mere invocation of substantial justice the Constitution
is not a magical incantation that will • Lower courts are created to divide the
automatically compel the court to suspend cases
procedural rules (Co-Unjieng vs. CA) • There is division of labor and this
division is done thru delineating
jurisdiction among courts.
Reasons that warrant the suspension of
the Rules of Procedure
1. The existence of special or compelling Functions of court
circumstances
2. The merits of the case 1.) Decide actual controversies and not to
3. A cause not entirely attributable to the give opinions upon abstract propositions
fault or negligence of the party 2.) Apply the law
favored by the suspension of rules 3.) Interpret the law
4. A lack of any showing that the review
sought is merely frivolous and dilatory
5. The other party will not be unjustly COURT JUDGE
prejudiced thereby
6. Transcendental matters of life, liberty A tribunal officially Simply an officer of
or state security assembled under such tribunal
authority of law

Power to stay proceedings and control A tribunal officially May be disqualified

its processes assembled under
- is incidental to the power inherent in authority of law
every court to control the disposition of the
cases on its dockets, considering its time A tribunal officially Physical person
and effort, and that of counsel and the assembled under
litigants. But if the proceedings may be authority of law
stayed, it must be done in order to avoid
multiplicity of suits and prevent vexatious
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
CLASSIFICATION OF COURTS are, in fact, simply instrumentalities of the
executive power provided by Congress for
• Constitutional and Statutory Courts the President, as Commander-in-Chief, to
• Superior Courts and First-Level aid him in properly commanding the army
courts (Inferior courts) and navy and enforcing discipline therein,
• Courts of Original Jurisdiction and and utilized under his orders or those of his
Courts of Appellate jurisdiction authorized military representatives.
• Civil Courts and Criminal Courts
• Courts of law and Courts of equity POLICY OF JUDICIAL HEIRARCHY
• Courts of record; probate courts; Land A higher court will not entertain direct
Registration Courts; Ecclesiastical resort to it unless the redress desired cannot
Courts; Military Courts be obtained in the appropriate courts.

1. Regular courts:
a.) Supreme Court INHERENT POWERS OF THE COURT
b.) Court of Appeals
c.) Regional Trial Courts; and SEC 5 RULE 135 OF THE RULES OF
d.) Metropolitan Trial Courts, COURT provides
Municipal Trial Courts in Cities, Municipal Every court shall have the power:
Trial Courts, Municipal a.) preserve and enforce order
Circuit Trial Courts b.) enforce order in proceedings before it
c.) compel obedience to its judgments,
2. Special Courts orders and processes
a.) Sandiganbayan d.) to control the conduct of its ministerial
b.) Court of Tax Appeals officers
c.) Shari’a District Courts, e.) to compel attendance of persons to
Shari’a Circuit Courts testify in a case pending therein
d.) Family Courts f.) to administer oaths
g.) to amend and control its processes and
3. Quasi-Courts or Quasi-Judicial Agencies order so as to conform to law and justice
h.) to authorize a copy of a lost or destroyed
Courts-martial are agencies of executive pleading or other paper to be filed and used
character, and one of the authorities ”for the In lieu of original and to supply
ordering of courts-martial has been held to deficiencies in its records and proceedings.
be attached of the constitutional functions of
the President as Commander-in-Chief,
independently of legislation. Unlike courts of Brief history on civil procedure in the
law, they are not a portion of the judiciary. Philippines
The origin of our law on procedure is
Military commissions or tribunals, by American. Forget the law on procedure
whatever name they are called, are also not during the Spanish regime. But the first
courts within the Philippine Judicial System known ancestor of the law on Civil
Procedure was the old Act 190, otherwise
Not belonging to the judicial branch of the known as the Code of Civil Procedure, which
government, it follows that courts-martial was enacted on August 7, 1901 by the
and military commissions or tribunals must United States and the Philippine
pertain to the executive department. They Commission.
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
 And that was the law until 1940 looks at other matters involved in the
because on July 1, 1940, SC enacted the case.
Rules of Court which we now call the Old • Courts are bound to take notice of the
Rules of Court. That continued for another limits of their authority and they may
24 years until Jan 1, 1964 when the SC act accordingly by dismissing the
enacted the Revised Rules of Court action even through the issue of
repealing the Old Rules of Court. And that jurisdiction is not raised or not even
continued for another 33 years until July 1, suggested by sounsel.
1997 where the SC enacted and which took • If it finds that it has no jurisdiction, the
effect on that day (July 1, 1997) the New court’s only recourse is to dismiss the
Rules on Civil Procedure. case motu proprio or upon motion for
without authority it cannot act.
Just recently, the 2019 Proposed • RULE 9 SEC. 1 – “x x x when it
Amendment to the Rules on Civil Procedure appears from the pleadings x x x that
took effect on May 1, 2020. the court has no jurisdiction over the
subject matter x x x, the court shall
JURISDICTION dismiss the claim.
Jurisdiction defined • When the court has jurisdiction, it is its
duty to exercise the same and to
• It means authority or the power to render a decision. Failure to do so
hear, try and decide a case. may be enforced by way of a
• It also includes the power to enforce mandamus proceedings.
the judgment as the judgment is the
end for which jurisdiction is exercised, ERROR OF JURISDICTION VS. ERROR
and it is only through the judgment OF JUDGMENT
and its execution that the power of the
court is made efficacious and its Error of Jurisdiction
jurisdiction complete. • When a court takes cognizance of a
• The power to control the execution of case over the subject matter of which
its decision is an essential aspect of it has no jurisdiction, or acts in excess
jurisdiction. It cannot be subject of of jurisdiction or with grave abuse of
substantial subtraction and the most discretion amounting to lack of
important part of the litigation is the jurisdiction, the court commits an
process of execution of decisions. ( ERROR OF JURISDICTION
• (Test of Jurisdiction) whether the • Such act would be null and void
court has the power to enter into the • They are reviewable by the
inquiry and not whether the decision extraordinary writ of certiorari
is right or wrong.
• Correctness or rightfulness of the Error of Judgment
decision relates to the exercise of and • When a court acquires jurisdiction, the
not to the authority itself. decision or order arising in the case is
but an exercise of jurisdiction. They
DUTY OF THE COURT TO DETERMINE are merely ERRORS OF
ITS JURISDICTION JUDGMENT.
• Such mistake will bind unless
• It is the duty of the court to consider corrected
the question of jurisdiction before it • Reviewable by appeal
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
TYPES OF JURISDICTION Jurisdiction Over The Subject Matter

1. Based on the cases tried • Jurisdiction over the subject property

a.) General jurisdiction is conferred by law, which may be
b.) Special or limited jurisdiction either the Constitution or a statute.
• It is never acquired by consent or
2. Based on the nature of the case submission of the parties or by their
a.) Original laches.
b.) Appellate • This is a matter of legislative
enactment which none but the
3. Based on the nature and extent of legislature can change.
exercise • It cannot be acquired by an
a.) Exclusive agreement of the parties, waiver, or
b.) Concurrent or coordinate failure to object.
• The law that confers jurisdiction refers
PRINCIPLES ON JURISDICTION to SUBSTANTIVE LAW, not a
EXCLUSIONARY PRINCIPLE procedural law. It likewise does not
The court first acquiring jurisdiction refer to an administrative order or
excludes all others. circular.
• It is a settled rule that jurisdiction over
the subject matter is determined by
JUDICIAL STABILITY the allegations in the complaint
No court has the authority to interfere by regardless of whether or not the
injunction with the judgment of another court plaintiff is entitled to his claims.
of coordinate jurisdiction. • Exception: Ejectment cases within
the jurisdiction of MTC but if the
JUDICIAL HEIRARCHY defendant alleges tenancy to exist
direct resort to the Supreme Court will between him and plaintiff, the court
cause the dismissal of the recourse. This should receive evidence in support of
policy is designed to shield SC from having claim of tenancy. If after hearing,
to deal with causes that are also well within tenancy had in fact been shown to be
the competence of the lower courts, and the real issue, the court should
thus leave time to the Court to deal with the dismiss the case for lack of
more fundamental and more essential tasks jurisdiction. The case is cognizable
that the Constitution has assigned to it. with Court of Agrarian Reform (now
-Rule 65 Sec. 4 DARAB) (Salmorin vs. Zaldivar,
G.R. No. 169691, July 23, 2008)
• It is a matter of substantive law, the
ELEMENTS OF JURISDICTION IN CIVIL established rule is that statute in force
CASES at the time of the commencement of
1.) Jurisdiction over the subject the action determines jurisdiction –
matter has no retroactive effect.
2.) Jurisdiction over the person of the
parties to the case
3.) Jurisdiction over the res; and
4.) Jurisdiction over the issues.
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
 DOCTRINE OF PRIMARY EXCEPTIONS:
JURISDICTION 1. When there is express provision in the
- Courts will not resolve a question statute on retroactive application
which is within its jurisdiction and also of 2. When the statute is clearly intended to
an administrative tribunal, esp. where the apply to actions pending before its
question demands the exercise of sound enactment; or
administrative discretion requiring the 3. When the statute is curative. (Garcia
special knowledge and experience of vs. Martinez, 90 SCRA 331 and Atlas
said tribunal in determining technical and Fertilizer vs. Hon. Navarro, 149 SCRA
intricate matters of fact. (Villaflor vs. 432)
CA).

The judicial process is suspended How jurisdiction over the Subject Matter
pending referral of such issues to the is acquired by the Court
administrative body for its view. (US vs. 1.) It is conferred by law applicable at
Western Pacific Co.; Industrial the time of the commencement of the action;
Enterprises vs. CA, 184 SCRA 426) and
- the reasons for the existence 2.) Jurisdiction must be properly
and the purpose is serves are two-fold: the invoked by filing of complaint or information.
desire for the uniformity and the reliance on
administrative expertise.
OBJECTIONS TO JURISDICTION OVER
THE SUBJECT MATTER
DOCTRINE OF CONTINUITY OF • The court may on its own initiative
JURISDICTION (Adherence of object to an erroneous jurisdiction.
Jurisdiction)
• Through a motion to dismiss filed
Jurisdiction once it attaches cannot be before the filing or service of an
ousted by the happening of subsequent answer. New Rules: it can only be
events although of such a character which raised as an affirmative defense (Sec.
should have prevented jurisdiction from 12 Rule 8) or through a Motion to
attaching in the first instance.(Ramos vs. dismiss (Sec.5 Rule 15)
Central Bank, 41 SCRA 586)
• Even if a motion to dismiss was filed
Jurisdiction is not affected by a new and the issue of jurisdiction was not
law placing a proceeding under the raised therein, a party may, when he
jurisdiction of another tribunal EXCEPT files an answer, raise the lack of
when otherwise provided in the statute or if jurisdiction as an affirmative defense
the statute is clearly intended to apply to because his defense is not barred
actions pending even before its enactment. under the omnibus motion rule.
(People vs. Cawaling, 293 SCRA 267) (Sec 9 Rule 15)

Even after the judgment has become • The objection may be raised at any
final, the court retains jurisdiction to enforce stage of the proceedings, even for the
and execute it. (Echegaray vs. Sec. of first time on appeal.
Justice, 301 SCRA 96; Republic vs. Atlas
Farms, 345 SCRA 296)
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
 • If the party only raised the lack of - one who seeks an affirmative relief
jurisdiction for the first time on appeal, is deemed to have submitted to the
did not render them in estoppel. jurisdiction of the court
EXCEPTION: Tijam vs. Sibonghanoy - however, if an appearance is
(23 SCRA 29) update: Velasquez vs. specially to challenge the jurisdiction over
Lisondra Land, G.R. 231290, August his person, it cannot be considered to have
27, 2020 submitted to the court’s authority

Certain actions which could be

JURISDICTION OVER THE PERSON construed as voluntary appearance are:
(PARTIES) 1.) when the defendant’s counsel files
• It is the power to render a personal the corresponding pleading thereon;
judgment against a party to an action 2.) when the defendant files a motion
or proceeding through service of for reconsideration of the judgment by
process or by voluntary appearance default
of a party during the progress of a 3.) when the defendant files a petition
cause. to set aside the judgment by default
• The power of the court to bring before 4.) when the defendant and plaintiff
it persons to be affected by the jointly submit a compromise agreement for
judgment so as to give him an the approval of the court
opportunity to be heard, and to render 5.) when the defendant files an
a judgment binding upon his person. answer to the contempt charge
• In criminal cases, court acquire 6.) when the defendant files a petition
jurisdiction over the person of the for certiorari without questioning the court’s
accused by having him (1) arrested; jurisdiction over his person
(2) by service of the warrant of arrest;
or (3) by his voluntary surrender
How to raise objection to jurisdiction
IN CIVIL CASES, it depends on whether the over the person of the defendant
party is the plaintiff or defendant • Either in a Motion to Dismiss or as an
• As to plaintiff – his filing of the Affirmative defense included in the
complaint or petition. The filing of the answer. Otherwise it is deemed
complaint or petition is deemed his waived.
invoking of the jurisdiction of the court • The inclusion in a motion to dismiss of
over his person. other grounds aside from lack of
• As to Defendant – through a valid jurisdiction over the person of the
service of summons upon him or his defendant shall not be deemed a
voluntary submission to the court’s voluntary appearance. (La Naval
authority. Thus, if he is not served Drug Corp. vs. CA, 236 SCRA 78)
with summons or if there was
improper service, any judgment
rendered by the court will not bind JURISDICTION OVER THE RES (OR
him. PROPERTY IN LITIGATION)
– voluntary submission of the
defendant to the jurisdiction of the court The power or authority of the court
can be by: a.) waiver; b.) consent or c.) over the thing or property under litigation. It
lack of objection by the defendant is the power to bind the “thing”
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
How acquired: Jurisdiction over subject matter vs.
a) seizure whereby the property is jurisdiction over the issues
brought into actual or constructive custody
of the court or Jurisdiction over jurisdiction over the
b) result of the institution of the legal subject matter issues
proceedings, in which the power of the The power to hear The power of the
court is recognized and made effective. and try a particular court to resolve
case questions involved
Importance: There are instances when the in the case
court cannot acquire jurisdiction over the
defendant like when he is abroad. But if the Acquired upon the Acquired upon filing
court acquires jurisdiction over the res, the filing of the of the answer which
case may go on. complaint joins the issues
involved in the
case.
JURISDICTION OVER THE ISSUES

Meaning of issue:
- disputed point or question to which THE SUPREME COURT
parties to an action have narrowed
down their several allegations and • Its jurisdiction is found in the
upon which they are desirous of fundamental law itself.
obtaining a decision. • Composed of the Chief Justice and 14
Associate Justices
Jurisdiction over the issue is the • Principal Functions: a) Adjudication
authority to try and decide the issues raised (Judicial power); b) Administration
in the pleadings of the parties. (Disciplinary power) and c) Rule
making
In order to determine whether or not a • It sits either en banc or in divisions of
court has jurisdiction over the issues, one 3, 5 or 7 members. At present, it has
must examine the pleadings. Jurisdiction 3 divisions of 5 members each.
over the issue is conferred and determined • The court en banc is not an appellate
by the pleadings of the parties. court to which decisions or resolutions
of a division may be appealed.
From the pleadings of the parties, the • No doctrine or principle of law laid
court will determine what the issues are to down by the court in a decision
be resolved. If it is not raised in the rendered en banc or in division may
pleadings, the court does not have be modified or reversed except by the
jurisdiction over matters not included court sitting en banc.
therein. However, even if not included in the
pleadings but there is waiver or failure to EN BANC Cases
object in the presentation of evidence, a.) constitutionality of a treaty,
jurisdiction is now conferred. executive agreement, law, ordinance or
exec order or regulation
b.) criminal cases where death
penalty is imposed

NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)

 c.) cases raising novel questions of 3. Petition for Review on Certiorari (Rule
law 45)
d.) affecting ambassadors, public 4. Special Civil Action of Certiorari
ministers and consuls
e.) doctrine or principle laid down by
the court en banc or division may be The SUPREME COURT, APPELLATE
modified or reversed JURISDICTION
f.) cases assigned to division inc MR PETITION FOR REVIEW ON CERTIORARI
which in the opinion of at least 3 members (RULE 45) FROM DECISIONS OF THE
merit the attention of the Court en banc RTC
g.) cases wherein majority of the en If RTC declares a law as
banc membership may deem of sufficient unconstitutional, the same has to be
importance to merit its attention appealed directly to the SC. It cannot pass
h.) cases where penalty is the throught the CA because the SC has
dismissal of a judge, officer, or employee of exclusive appellate jurisdiction regarding the
the SC, disbarment of a lawyer, or matter.
suspension of any of them for a period of
more than one year or a fine of P10,000 If there is purely an issue of
i.) cases involving decisions, jurisdiction of RTC, the SC shall have
resolutions or orders of the Sandiganbayan, exclusive appellate jurisdiction.
Comelec, COA or Military Tribunals
j.) Habeas corpus against However, if the jurisdictional issue is
government or military officials. mixed with a factual issue, the appeal should
be in the CA w/o prejudice to the filing of
the same with the SC later.
ORIGINAL JURISDICTION (ARTICLE VIII
SEC 5 PAR 1) Also, if only question of law is at issue
1.) Exclusive without any mix of question of fact, go
2.) Concurrent directly to SC, otherwise, appeal must
A.) Court of Appeals be made to CA first. This applies to both
B.) Court of Appeals and RTC criminal and civil.
C.) Court of Appeals,
Sandiganbayan AND RTC QUESTION OF LAW vs. QUESTION
D.) RTC OF FACT, tip: if the review requires a re-
examination of the evidence, then it involves
a question of fact.
APPELLATE JURISDICTION (SEC. 5 PAR
2 ART VIII, Constitution)
1. Automatic review – THE SUPREME COURT IS NOT A TRIER
from the CA, all criminal cases OF FACTS.
involving offenses for which the penalty Passing upon a factual issue is not
imposed is death. within the province of the Court. The
findings of facts of the Court of Appeals
2. Ordinary Appeal by Notice of Appeal- are not generally reviewable by the SC.
all criminal cases involving offenses
which the penalty imposed is reclusion
perpetua or life imprisonment
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
 Also, factual findings of the trial court, Other constitutional provisions dealing
particularly when affirmed by the CA, are with the jurisdiction of the supreme court
generally binding on the Court. • Art. IX, Decisions, Ruling or Oder of
COMELEC, COA and CSC may be
It is not SC’s function to determine the brought to the Supreme Court on
weight of the evidence supporting the certiorari by the aggrieved party within
assailed decision. 30 days from receipt of the copy
thereof.
EXCEPTIONS: Factual issues may be • However, based on the present
resolved by the SC law, CSC decision is no longer
directly appealable to the SC. It
a.) When findings grounded entirely should be appealed to the CA.
on speculation, surmises or conjectures;
b.) When the inference made is • SC as Presidential Electoral Tribunal
manifestly mistaken, absurd or impossible; (Art. VII, Sec. 4 last par.)
c.) When there is grave abuse of • Judicial Review of Presidential
discretion; Proclamation of Martial Law or
d.) When the judgment is based on Suspension of the Privilege of Habeas
misapprehension of facts; Corpus (Art. VII, Section 18(3).
e.) When the findings of acts are • The SC can inquire into the
conflicting; basis on why martial law is
f.) CA in making its findings, went declared.
beyond the issues of the case or its findings
are contrary to the admissions • Congress and Jurisdiction of the SC
of both appellant and appellee; • Congress does not have the
g.) When the findings are contrary to power to lessen or deprive the
the trial court SC of its jurisdiction (Sec 5 Art
h.) When the findings are conclusions VIII). However, it can increase
without citation of specific evidence on its powers and jurisdiction,
which they are based PROVIDED it is with the latter’s
i.) When the facts set forth in the advise and concurrence. (Art.
petition, as well as in the petitioner’s main VI, Sec 30)
and reply briefs, are not disputed by the
respondent
j.) When the findings of fact are THE COURT OF APPEALS
premised on the supposed absence of
evidence and contradicted by the • Jurisdiction of CA is governed by BP
evidence on record; and 129 or the Judicial Reorganization
k.) when the CA manifestly Act of 1980
overlooked certain relevant facts not • CA is composed of 69 justices
disputed by the parties, which, if constituting 23 divisions. They decide
properly considered, could not justify cases by division of 3. They sit en
a different conclusion. banc only for administrative matters
and not to decide a case.
• CA was formerly called Intermediate
Appellate Court

NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)

ORIGINAL JURISDICTION OF THE resolve factual issues in cases falling within
COURT OF APPEALS its original and appellate jurisdiction
1.) Exclusive (BP 129, Sec. 9[2]; including the power to grant and conduct
Rules of Civil Procedure – Rule 47) and new trials or further proceedings.
(Rule 65 Sec. 4, as amended)
2.) Concurrent Linger and Fisher vs. IAC, 125
a.) With the SC SCRA 522 – the power of the CA to receive
b.) With the SC and RTC evidence is limited to incidental facts which
c.) With the SC, SB & RTC were not 100 percent touched upon or
• There shall be no simultaneous filing matters overlooked by the trial court.
of petitions for writs of certiorari, etc.
Thus, a violation of this shall
constitute contempt of court and REGIONAL TRIAL COURTS
dismissal of both petitions w/o
prejudice to the taking of appropriate EXCLUSIVE ORIGINAL JURISDICTION –
action against the counsel or party SEC. 19 BP 129 AS AMENDED BY R.A.
concerned. (Interim Rules Sec. 17) 7691
• Additional original jurisdiction
transferred under Sec. 5.2 of
APPELLATE JURISDICTION OF THE the Securities Regulation Code
COURT OF APPEALS • Application for issuance of writ
1.) Ordinary Appeal by Notice of of search and seizure in civil
Appeal or with Record on Appeal actions for infringement of
2.) Special Civil Action of Certiorari intellectual property rights (Sec.
(Rule 65) 3, A.M. No. 02-1-06-SC,
3.) Automatic Review effective February 12, 2002)
4.) Petition for Review • Violations of Anti-Money
Laundering Act of 2001
The appellate jurisdiction of the CA is
EXCLUSIVE except in criminal cases CONCURRENT ORIGINAL JURISDICTION
decided by the RTC when the penalty 1.) With the Supreme Court
imposed is reclusion perpetua, life 2.) With the Supreme Court and the
imprisonment or death. Court of Appeals
3.) With the Supreme Court, Court of
RA 7902, the appeal from the CSC has Appeals, and Sandiganbayan
been transferred to the CA, so what is left 4.) With the Metropolitan Trial Courts,
behind in the Constitution are the Municipal Trial Courts and Municipal Circuit
COMELEC and the COA. Trial Courts
5.) With the Insurance Commission

POWER TO TRY AND CONDUCT

HEARINGS
- Sec. 9 last paragraph, BP 129
- Even if the CA is not a trial court, it
has the power to try cases and conduct
hearings, receive evidence and
perform any and all acts necessary to
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
IN CRIMINAL CASES – SEC. 20 OF BP 129 where jurisdiction is determined by the
AS AMENDED BY RA. 7691 assessed value of the property.
1.) Criminal Cases not within the
exclusive jurisdiction of any court, tribunal,
or body In all civil actions which involve title to or
2.) Criminal cases where the penalty possession of, real property or any interest
provided by law exceeds six (6) years therein
imprisonment irrespective of fine • Real Actions- one affecting title to or
3.) Criminal cases not falling within possession of real property or interest
the exclusive orig jurisdiction of the therein.
Sandiganbayan, where none of the • If the value exceeds 20,000 or 50,000
accused are occupying positions in Metro manila, RTC has jurisdiction.
corresponding to salary grade 27 and higher If lesser, MTC has jurisdiction
4.) Cases where the amount of fine to • Forcible Entry and Unlawful Detainer
be imposed exceeds P4,000.00 cases, jurisdiction lies with MTC
* In complex crimes, jurisdiction is lodged regardless of the value of the
with the trial court having jurisdiction to property.
impose the maximum and most serious • Real actions may include Accion
penalty. Publiciana, Accion Reinvindicatoria,
Quieting of Title

In all civil actions in which the subject of the

litigation is incapable of pecuniary Admiralty and maritime jurisdiction
estimation. • IF CLAIM EXCEEDS P300,000 OR
• How to determine if action is capable P400,000 IN METRO MANILA
or incapable of pecuniary estimation? • IF LESS THAN THE AMOUNTS,
SC adopted a criterion of first jurisdiction is with MTC
ascertaining the nature of the principal
action or remedy sought. In all matters of probate
• Thus, if the basic issue is something • IF THE GROSS VALUE OF ESTATE
other than the right to recover a sum EXCEEDS P300,000 OR P400,000
of money, where the money claim IN METRO MANILA
is merely incidental. • IF LESS THAN THE AMOUNT,
jurisdiction is with MTC
Examples: Specific performance, support or
foreclosure of mortgage or annulment of
judgment, also actions questioning the In all actions involving the contract of
validity of a mortgage, annulling a deed of marriage and marital relations
sale or conveyance and to recover the • Modified by RA 8369 (Sec. 5), The
price paid and for rescission which is a Family Courts Act of 1997. Family
counterpart of specific performance. Court have already been constituted,
(Russel vs. Vestil, 304 SCRA 739) But, therefore, these cases are with the
this has been modified in Go vs. UCPB jurisdiction of the Family Courts.
wherein the court declared that foreclosure In all civil actions and special proceedings
of REM as well as actions to annul REM is a falling within the exclusive general
real right. So, an action to annul a REM jurisdiction of a juvenile and domestic
necessarily affects title to the real property,
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
relations court and of the court of agrarian ORIGINAL CONCURRENT JURISDICTION
relations as now provided by law. WITH THE SUPREME COURT
• Also modified by RA 8369, Family 1.) Issuance of writs of certiorari,
Court has jurisdiction in cases prohibition, mandamus, quo warranto,
involving minors habeas corpus, and injunction which may
• And, with the enactment of the be enforced in any part of their respective
Comprehensive Agrarian Reform regions.
Law, all agrarian disputes were 2.) In actions affecting ambassadors
transferred to DAR particularly the and other public ministers and consuls.
DARAB Except in two cases: a.) (Sec. 21, BP 129)
petitions for determination of just
compensation to landowners and b.)
prosecution of criminal offenses
under said Act. APPELLATE JURISDICTION OF THE RTC
(Sec. 22, BP 129)
• All cases decided by lower courts in
In all cases in which the demand exceeds their respective territorial jurisdiction.
P300,000 or P400,000 in metro manila • Review the case based on the records
• Money claims or action to collect sum of the proceedings submitted by the
of money. court of origin.
• If value of claim is more than • RTC ruling in exercise of its appellate
P300,000 – RTC jurisdiction may be assailed or
• If value of claim is = or less than questioned in CA through a Petition
P300,000 – MTC for Review. CA may or may not
entertain the petition upon prima facie
In determining jurisdictional limit, do not evidence that RTC has committed an
include interest, damages, attorney’s fees, error fact or law that will warrant a
etc. reversal or modification of the
decision or judgment sought to be
HOWEVER, if damages is the main reviewed.
cause of action (not incidental as meant by
exclusive of damages in money claims) the
amount thereof must be included in MUNICIPAL TRIAL COURTS
determining the jurisdictional limit of the
MTC. (SC Circular No. 09-94: Guidelines AS TO ORIGINAL JURISDICTION – Sec.
in the Implementation of RA 7691) 33 BP 129
1.) Actions involving personal
Note: If Damages is only incidental to the property valued at P300,000 or P400,000 in
main case, it should not be considered in MM
determining which has jurisdiction. 2.) Sum of money (jurisdictional limit)
3.) actions involving title to or
In all cases not within the exclusive possession of real property where the
jurisdiction of any court, tribunal, person or assessed value does not exceed
body exercising judicial or quasi-judicial the jurisdictional limit
functions. 4.) provisional remedies
5.) forcible entry and unlawful detainer

NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)

 6.)Probate proceedings whether Jurisdiction and payment of docket fees
testate or intestate where the gross value of
estate does not exceed the • It is not the filing of the complaint or
jurisdictional limit appropriate initiatory pleading, but the
7.) Inclusion and exclusion of voters payment of the prescribed docket fee,
pursuant to Sec. 38 of the Omnibus Election that vests a trial court with jurisdiction
Code over the subject matter or nature of
the action.
AS TO DELEGATED JURISDICTION – • Even if the amount of damages and
Sec. 34 BP 129 attorney’s fees do not determine
• Delegated Cadastral and land jurisdiction, they must still be
registration cases assigned by the SC specifically alleged in the complaint
where there is no controversy or for the purpose of payment of docket
opposition and in contested lots fees. Thus, the higher the amount
valued at more than P100,000 one is claiming, the higher the filing
fee.
AS TO SPECIAL JURISDICTION –
Sec. 35 BP 129 SUMMARY PROCEDURE
• Special Petition for habeas corpus in A.M. NO. 02-11-09-SC
the absence of all RTC Judges.
• IN CRIMINAL CASES – Sec. 32, BP Cases covered: Civil cases
129 1.) Forcible entry and unlawful
detainer; and
2.) other claims, EXCEPT probate
TOTALITY RULE proceedings where the total claim does not
exceed P100,000 or P200,000 (Metro
• “where there are several claims or Manila)
causes of actions between the same • Under RA 7691, the limit is P300,000
or different parties, embodied in the or P400,000 for Metro Manila
same complaint, the amount of the
demand shall be the totality of the
claims in all the causes of action, Cases covered: Criminal cases
irrespective of whether the causes of 1.) Violations of traffic laws, rules and
action arose out of the same or regulations
different transactions.” (Sec. 33 par 1 2.) Violations of the rental law
BP 129.) 3.) Violations of municipal or city
ordinance
Rule subject to the rule on joinder of parties 4.) Violations of BP 22
• joinder of parties is only proper when 5.) All other criminal cases where the
there is a common question of fact penalty is imprisonment not exceeding 6
and law. months and/or fine of P1,000
irrespective of other penalties or civil
liabilities arising therefrom; and
6.) Offenses involving damage to
property through criminal negligence where
the imposable fine is not exceeding
P10,000.
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)
SMALL CLAIMS CASES shall be brought in the barangay where the
A.M. NO. 08-8-7-SC – To be filed with the real property or larger portion thereof is
MeTC, MTCC, MTC, MCTC situated and
1.) Purely civil in nature where the 4.) Disputes arising at the workplace
claim or relief prayed for is solely for the where the contending parties are employed
payment of sum of money or at the institution where such parties are
2.) Civil aspect of criminal actions enrolled for study shall be brought in the
either filed before the institution of the barangay where such workplace or
criminal action or reserved upon the filing of institution is located.
the criminal action in court pursuant to Rule
111 of the Rules of Criminal Procedure.
Cases covered:
These claims or demands may be: Civil Cases

For money owed For damages All disputes involving parties who
under any of the arising from any of actually reside in the same city or
following the following: municipality.
• If the only contending party is the govt
Contract of Lease, Fault or negligence, or instrumentality, it is exempt from
loan, services, sale, quasi-contract or barangay conciliation. However, if
or mortgage contract govt is only one of the contending
parties, barangay conciliation should
3.) The enforcement of a barangay still be undertaken among other
amicable settlement or an arbitration award parties.
involving money claim. • An action for annulment of
• Limit – P300,000 or P400,000 Metro compromise agreement is generally
Manila not required to undergo barangay
conciliation
• only involves natural persons and not
KATARUNGANG PAMBARANGAY LAW where any of the parties is a juridical
Where to file: person
• Barangay conciliation is a condition
Civil Cases precedent for the filing of a complaint
1.) Disputes between residents of the in court and non-compliance is a
same barangay: must be brought for ground for dismissal of the complaint
settlement in the said barangay for lack of cause of action.
2.) Disputes between residents of • Failure to submit for barangay
different but adjoining barangays and the conciliation is not a requirement for
parties agree to submit their differences the court to acquire jurisdiction. Thus,
to amicable settlement within the same city failure to raise it in the Answer is
or municipality where any of the considered a waiver.
respondents reside at the election of the
complainant. Criminal cases:
3.) Disputes involving real property or When punishable by imprisonment of
any interest when the parties agree to not more than one year or fine of not more
submit their differences to submit to than Php5,000
amicable settlement by an appropriate lupon
NOTES IN CIVIL PROCEDURE JUDGE QUIRANTE EH-302, STRONG 14(2020-2021)