Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 I. PRINCIPLES OF JURISDICTION

Note: Jurisdiction starts with the filing of COMPLAINT (initiatory pleading). In a civil procedure complainant plaintiff Summon invitation to answer the complaint (to be served to the defendant) Pre-trial procedure before the main trial - to simplify the issue - mark the exhibit - identify witnesses (witness not identified in pre-trial cannot testify) - evidence not marked cannot be used in trial. Interlocutory order order before judgment. Motion for reconsideration motion filed by the aggrieved party - the court may review the decision. Appeal file to higher level court.

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JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Principle 1 Jurisdiction is the power and duty to hear, try and decide cases. Note: Jurisdiction is not only a power but also a duty. Court can be compelled to decide through mandamus. Courts/quasi-judicial body may give relief. Courts and administrative agencies with quasi-judicial function has jurisdictions.

Principle 2 Jurisdiction, once attached, cannot be ousted. Note: Jurisdiction will be determined based on existing law.

Principle 3 A decision rendered by a court without jurisdiction is VOID. It is a dead limb on a judicial tree. Note: If there is no jurisdiction, all the process is VOID.

Principle 4 Jurisdiction has four aspects: a. Jurisdiction over the subject matter b. Jurisdiction over the persons of the parties c. Jurisdiction over the res* d. Jurisdiction over the territory** Note: a and b applies to civil case *defendant is abroad/ or cannot be found property or thing **relevant in a criminal case

Principle 5 2/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Jurisdiction (over the subject matter) is conferred by law. Note: It is the law that assigns a case to a particular court. Jurisdiction is created by law. It is the law that determines jurisdiction. Jurisdiction is a legislative act. Only the law can be the source of jurisdiction. Jurisdiction is always determined by law. Jurisdiction is always de jure. There is no de facto jurisdiction. Rules of court cannot be the source of jurisdiction.

Principle 6 Jurisdiction (over the subject matter) is substantial, not procedural. Note: Substantial law law that creates rights and obligations. Procedural law (remedial law) law that gives procedures or step by step process and the remedy. Rules of court is a procedural law.

Principle 7 Jurisdiction (over the subject matter) cannot be : a. waived; b. renounced; or c. be a subject of a compromise Principle 8 Lack of jurisdiction (over the subject matter) may be raised at anytime. But a party may be barred by laches from raising the issue. Note: Laches stale claims Barred not because of the period of time but of fairness. Should be at the earliest possible opportunity Case: Tijam vs. Sibonghanoy Principle 9 3/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Jurisdiction (over the subject matter) has to be invoked by filing an initiatory pleading. Note: Complaint Civil Case Information Criminal Case Petition Administrative Case

Principle 10 Where the court has no jurisdiction (over the subject matter), the only power it has is to dismiss the case. Note: Jurisdiction is vested in court (not on the judge, division, branches, etc.)

II. ASPECTS OF JURISDICTION Jurisdiction has four aspects: a. b. c. d. Jurisdiction over the subject matter Jurisdiction over the persons of the parties Jurisdiction over the res Jurisdiction over the territory

Jurisdiction Over the Subject Matter 1. It is conferred by law 2. It is determined by initiatory pleading CASES Civil Criminal Administrative PLEADING Complaint Information (in criminal case, territory is relevant) Petition

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Jurisdiction over the subject matter (Exception to the rule) Rule: Exception: Jurisdiction over the subject matter is determined by the initiatory pleading What: Preliminary hearing When: Defense of agricultural tenancy in an ejectment case

Note: If there is a tenancy relationship between the plaintiff and the defendant, the court will have no jurisdiction, and must forthwith dismiss the case. The matter will come under the exclusive jurisdiction of the Department of Agrarian Reform Adjudication Board (DARAB).

Jurisdiction over the subject matter (Exception to the rule) Rule: Lack of jurisdiction over the subject matter maybe raised at anytime a. even after final judgment b. even during appeal A party is estopped by laches from raising the lack of jurisdiction A party has to raise the issue of jurisdiction at the earliest possible time

Exception: Reason:

Laches (stale demands) Failure or neglect for an Unreasonable and unExplained Length of time to do which, by Exercising due diligence, could or should be Done earlier.

Jurisdiction over the persons of the parties 5/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Cases Offended Offender Civil Criminal Administrative Over the person of the plaintiff Plaintiff (a) Resident (b) Non-resident Plaintiff Private Complainant Public Complainant Complainant Defendant Accused Respondent

How Acquired By filing a complaint By filing a complaint

Note: Filing a complaint invoking the power of the court. Can a complaint be amended? YES 1. with leave of court (w/ permission) if answer is filed, complaint can be amended with permission of the court. 2. without leave of court if answer ins not yet filed, complaint can be amended.

Over the person of the defendant Defendant (a) Resident (b) Non-resident

How Acquired (a) valid service of summons (b) voluntary appearance (a) valid service of summons (b) voluntary appearance (c ) substituted service

Note: - Summons should be validly served (summons, complaints, evidence) - Voluntary appearance going to court even if not validly received the summon - If summon is not validly served, let the defendant voluntary appear and answer the summon - Special appearance the court does not acquires jurisdiction over the person of the defendant file a motion to dismiss for lack of jurisdiction When substituted service relevant? Only on Non-resident defendant. Over the person of the accused How acquired: (b) Arrest 6/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 (c) Voluntary Surrender (a mitigating circumstances) Note: Arrest taking of the custody of the person of the accused so that he will answer the complaints against him in court. Constitution provides that only the judge can issue the warrant of arrest.

Jurisdiction over the res (property or thing) When applicable: If court cannot acquire jurisdiction over the person of the defendant because: (a) he is non-resident (b) cannot be found (c) cannot be served with summons Extra-territorial service

How served:

Substituted Service vs. Extra-Territorial Service Substituted Service of Summons (a) by leaving copies at defendants residence (b) by leaving copies at defendants business Extra-Territorial Service of Summons (a) Personal Service (b) Publication + registered mail to last known address

Note: If defendant cannot be found quasi in rem

Substituted Service of Summons vs. Substituted Service pleadings, etc.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Substituted Service of Substituted Service of Summons Pleadings, (a) To suitable age and Motions, discretion residing in Orders, Defendants residence Resolutions, (b) To competent person Other papers, in-charge of business Notices (a) by leaving copies at (a) by delivering a copy to the defendants residence clerk of court (b) by leaving copies at defendants business Service to Juridical Persons Domestic Private Corp. President General Manager Treasurer Managing Partner In-house counsel Corporate Secretary Service to Public Corporation Defendant is: National Government Local Government Public Corporation Served to: Solicitor General Executive Head of Officer as the law may direct Executive Head of Officer as the law may direct Foreign Private Corp. Resident Agent Government Official

Service to Incapacitated Person

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Incapacitated includes: Minor Insane Incompetent To whom served: Him personally Legal Guardian Guardian Ad Litem To whom served if minors: In addition to above: Father or Mother Jurisdiction over the Territory (1) Applicable to Criminal Cases (2) Venue is jurisdictional in Criminal Cases Note: In civil cases venue can be agreed upon, venue is not part of jurisdiction.

Exception to Jurisdiction over the Territory Rule: Except: Court has jurisdiction over the territory in the Philippines where the crime is committed On Philippine Ship or Airship Public Officer or Employees Introducing forged coins, notes and securities National Security Crimes Against Law of the Nations (Crimes) Securities, Coins or Notes forging Treaties Laws of preferential applications

Exception to exception:

III. KINDS OF JURISDICTION

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Note: In criminal cases Venue is jurisdictional. Jurisdiction is conferred by law law assigns the case to a particular court (may transfer branch as long as it is within the same court).

Kinds of Jurisdiction

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Jurisdiction over the: a. Subject Matter b. Persons of the Parties c. Res d. Territory Jurisdiction Over the Subject Matter Power to deal with the general subject involved in an action. (cases assigned to a particular court) Jurisdiction Over the Person of the Parties 1. Power to render judgment against a person 2. Acquired by: a. Submission to the courts authority b. Voluntary appearance c. Coercive power of legal process (arrest) Jurisdiction Over the Res (Extra-territorial service) 1. Power over the property 2. Obtained by: -Seizure of the property and constructive service of process to persons whose rights in the property are affected Jurisdiction Over the Territory Power over the place within which the power is to be exercised. Other Kinds of Jurisdiction Civil and Criminal Original and Appellate Limited and General Exclusive and Concurrent Delegated

Civil and Criminal Jurisdiction

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Civil Jurisdiction Exist if the case is not of a criminal nature Criminal Exist for the cognizance of a criminal offense and Note: Jurisdiction imposition of penalty after a lawful trial On act or omission punishable by law offended party is invoking criminal jurisdiction.

Original and Appellate Jurisdictions Original Jurisdiction Appellate Jurisdiction Limited and General Jurisdictions Limited Jurisdiction General Jurisdiction Confined to particular cases Extends to all cases Conferred on or inherent in a court of first instance Rehear and determine causes or review cases which have been tried in inferior courts

Exclusive and Concurrent Jurisdiction Exclusive Jurisdiction Concurrent Jurisdiction Confined to particular tribunal only Exercised by different courts: Over the same subject matter Within the same territory At the same time

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

IV. DOCTRINES IN JURISDICTION Doctrines, Principles and Rules 1. Judicial Power 2. Judicial Review 3. Judicial Supremacy 4. Judicial Hierarchy 5. Judicial Stability 6. Adherence to Jurisdiction 7. Non-Interference 8. Primary Jurisdiction 9. Exhaustion of Administrative Remedies 10. Residual Jurisdiction 11. Estoppel in Jurisdiction 12. Equity Jurisdiction 13. Error of Jurisdiction Judicial Power 1. Power of court of proper jurisdiction to determine controversies between adverse litigants. 2. Power to determine grave abuses of discretion amounting to lack or excess of jurisdiction. Judicial Review Courts power to review the acts of administrative agencies exercising quasi-judicial power even though it does not give the right of review. Judicial Supremacy Courts power to annul the acts of the other governmental branches if not conformable to the fundamental law. Note: Judiciary uphold Constitution which is supreme..

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Judicial Hierarchy 1. Four level of courts 2. Parties must observe jurisdiction for each level in filing their cases.

Judicial Stability 1. Courts duty to not interfere with regular order of a co-equal court. 2. Except if a 3rd party claimant is involved. Note: The decision of a co-equal court should be the same as a respect to a co-equal court. Non-forum shopping same fact, same party, same cause of action. Exception - if another party filed in another court claiming the same facts.

Adherence to Jurisdiction 1. Jurisdiction once it attaches cannot be ousted by the happening of a subsequent event. 2. Except if the law is curative. (e.g. SEC from quasi-judicial to administrative body) Non-Interference in Association 1. The court will not interfere with the internal affairs of unincorporated association so as to settle disputes between members. 2. Exceptions: Fraud Ultra-vires act Lack of jurisdiction Violative of law Oppression Primary Jurisdiction The claim is cognizable in the first instance by the court but its process is suspended pending referral of the issues to an agency for its views. Note: Suspended decision until agency expert on the issue has given its views.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Exhaustion of Administrative Remedies The claim is cognizable in the first instance by an agency but the court will not interfere until administrative process has run its course. Note: Observe protocol, exhaust administrative procedure before filing cases in court.

Residual Jurisdiction 1. An extension of the original jurisdiction of the trial court. 2. The court has jurisdiction after perfection of an appeal. 3. The power involves: a. Preservation of rights of the parties b. Approve compromise c. Permit appeals of indigent litigants d. Order of execution Estoppel in Jurisdiction A party may be barred by estoppel by laches from invoking plea for the first time on appeals for the purpose of annulling everything done in case with the active participation of said party invoking plea. Equity in Jurisdiction 1. Equity is the justice outside the law. 2. Equity follows the law. 3. Except in case when: a. There is a law b. There is judicial legislation c. There is contract or extends its life Note: If there is no remedy in law there is remedy in equity. If the law does not give relief there is remedy in fairness / equity.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Error in Jurisdiction Error of jurisdiction erroneous exercise of power Versus Excess of jurisdiction acted without authority Lack of jurisdiction want of authority

V. KATARUNGANG PAMBARANGGAY LAW

Court System and

M TC M TCC M CTC M ETC M TC

Barangay
M TC M TC

M TC

Note: Barangay has no judicial power There is no such thing as Barangay Court.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Overview of a Barangay Mediation and Conciliation

Start Complainant Complaint
LUPON Chairman

PANGKAT Constituted

MEDIATION

CONCILIATION

CERTIFICATES

Summon
Motion for Execution

COURT End

Respondent Answer
Voluntary Compliance

Note: There is a possibility that neighbors belongs to different barangay. Lupon Chairman Barangay Chariman or Head of Lupon Barangay Chairman will choose 3 members of Lupon to be the Pangkat Tagapagkasundo.

Authority of the Lupon Lupon brings the parties actually residing in the same city or municipality for amicable settlement. Note: Residing in different barangay but should be in the same city or municipality

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Where Lupon Has No Authority 1. No private offended party Go directly to court (e.g. nuisance condition of property/ person that prejudice the senses). 2. One party is public officer or the government, its subdivision or instrumentality Complaints against duty as public officer, but if personal dispute go to Lupon. 3. Offense is punishable by : (a) imprisonment of more than 1 year; (b) fine of more than P5,000.00 4. Dispute involves: (a) real property located in different cities or municipalities; (b) parties residing in barangays of different cities or municipalities.

Beyond Authority of Lupon 1. Dispute arising from CARL (Comprehensive Agrarian Reform Law) 2. Labor disputes (file in DOLE) 3. Action to annul judgment upon a compromise

When Lupon May Be Passed 1. Accused is under detention 2. Person deprived of liberty calls for Habeas Corpus 3. Action in coupled with provisional remedies 4. Action is barred by prescription Note: Provisional remedies those to which party litigant may resort for the preservation or protection of their rights or interest and for no other purpose during the pendency of the action. - they are applied to a pending litigation, for the purpose of securing the judgment or preserving the status quo, and in some cases after judgment, for the purpose of preserving or disposing the subject matter. Alimony pendent elite (Rule 61), Attachment (Rule 57), Preliminary Injunction (Rule 58), Receivership (Rule 59), Replevin (Rule 60)

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Principle 1 There is no barangay court because barangay has no inherent judicial powers. Principle 2 The Lupong Tagapamayapa and Pangkat ng Tagapagkasundo resolve disputes in the barangay level. Note: There is no barangay court because court has no judicial power. There is only lupon or pangkat that resolves disputes at barangay level.

Principle 3 1. Lupon supervises conciliation panels 2. Lupon Chairman mediates 3. Lupon Secretaty prepares minutes, issues certificates for the Lupon 4. Pangkat conciliates 5. Pangkat Secretary prepares minutes and issues certificates for the pangkat CFA Certificate to File Action CBA Certificate to Bar Action CBC Certificate to Bar Counter-claim Note: Complainant may file CFA if respondent is not attending Respondent may file CBC if complainant is not attending

Principle 4 There are three ways to settle disputes in the Barangay: 1. Mediation by the Lupon Chairman 2. Conciliation by the Pangkat 3. Arbitration by the Lupon Chairman or Pangkat Arbitration is not a compulsory process Principle 5 20/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Filing of action in court is premature if parties did not comply with requirements of barangay mediation and conciliation.

Principle 6 The non-compliance with the mediation and conciliation requirements is not jurisdictional defect but grounds for the dismissal of the action in court for lack of cause of action. Cause of Action reason for filing / right violated

Principle 7 Parties must appear in person in Katarungang Pambaranggay Proceedings Lawyers in representation of parties are not allowed to appear. Representatives who are not lawyers may assist minor who are their next of kin.

Principle 8 Lupon Secretaty may issue CFA if: a. Confrontation took place; b. Conciliation has been reached; c. Conciliation was subsequently repudiated Repudiated refused or denied the validity of facts Principle 9 Pangkat Secretary may issue CFA if: a. Confrontation took place but conciliation or settlement was not reached; OR b. Confrontation did not take place due to no fault of the complaint Principle 10 Punong Baranggay may issue the CFA in case of: Failure to settle the dispute involving members of an indigenous cultural community. Principle 11 Rules in case of criminal disputes in barangay: 1. Disputes may be settled 2. Venue may be waived

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

VI. JURISDICTION OF TRIAL COURTS First Level Courts a. Metropolitan Trial Courts in NCR b. Municipal Trial Courts c. Municipal Trial Courts in Cities d. Municipal Circuit Trial Courts Second Level Courts a. Regional Trial Court

Note: Real actions claims for real property and real interest (including permanently attached properties to the land and building) Assessed value dependent on the classification of the properties - designated by law, municipal or city assessors office Fair Market Value (FMV) price where the buyer is willing to buy and the seller willing to sell ( agreed upon by the parties)

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 FEUD ejectment cases Requirements for successful ejectment case: 1. demand to vacate the premises; and 2. demand to pay the rental in arrears.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Principle 1 MTC is a court of limited* jurisdiction; while RTC is a court of general** jurisdiction. * limited to the cases expressly provided by law are falling within its jurisdiction ** if a case does not expressly fall within the jurisdiction of any court, tribunal, person or body, it may be safely filed in RTC. Principle 2 If RTC act as a land registration court and probate court, it becomes a court of special and limited jurisdiction. Note: e.g. If a person contemplates that he will die soon, he writes a will. A will has to go through a process called PROBATION which should be filed in the RTC

Principle 3 Only basic claim furnishes the jurisdictional threshold. Excluded: 1. Damages 2. Attorneys fees 3. Litigation expenses 4. Interest and cost Principle 4 The jurisdictional amount is determined by the totality of claims. Note: Complainant should file the case based on the total claims

Principle 5 Trial court must make a ruling despite silence, obscurity, or insufficiency of the laws. This is equity jurisdiction.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Note: motion for recon appeal petition for certiorari If the law does not provide, fairness, equity, justice must provide for the remedy

Principle 6 Before a party invokes jurisdiction of the court, generally*, he is expected to exhaust all administrative remedies. *there are exceptions to DEAR (Doctrine of the Exhaustion of Administrative Remedies) Note: If not exhausted, case may be premature and may be dismissed for lack of cause of action.

Principle 7 Cases decided by MTC may be appealed to RTC. The latter will decide based on the records, memorandum, or briefs submitted to it. There is no longer a trial de novo. Note: Case is appealable after rendering final judgment or order before making an appeal allow the court to review its decision motion for reconsideration.

Principle 8 Where there is partial payment of the docket fee, the trial court acquires jurisdiction over the case. Note: In trial court jurisdiction is conferred by law, partial payment of docket fee acquires jurisdiction. If the court orders to pay the docket fees upon rendering the final judgment, decision should be complied or obeyed. Non compliance on the order of the court or disobedience on the decision of the court may be a ground fir the dismissal of the case.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Principle 9 To perfect an appeal, the full amount of the appellate court docket fee must be paid within the prescribed period. Note: In case of appeal, it is jurisdictional to pay the amount of docket fees in full in order that appellate court acquires jurisdiction

Principle 10 RTC has no jurisdiction on Ecclesiastical matters. VII. JURISDICTION OF COURT OF APPEALS 1 Presiding Judge 3 member justices per division 23 divisions 69 member justices Note: After March 2004, RA 98282 expanded the jurisdiction of CTA making CTA as collegiate body performing same functions as justices in CA. CA and CTA are now co-equal bodies. Decisions of CTA can no longer be reviewed by CA. Quasi-judicial agencies not court but try and decide cases. Appellate jurisdiction reviewed the decision for the lower court.

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

Appellate Jurisdiction of CA Appellate Jurisdiction RTC CA SC On the final Judgment and Orders of: MTC RTC, QJA, CSC CA, CTA, SB, CBA, COMELEC, COA

Principle 1 CA has rule-making power*. It is empowered to promulgate its** internal rules. * from Law not from Constitution ** does not extend to other courts Principle 2 CA has exclusive original jurisdiction on action for annulment of judgments of RTC.

Principle 3 CA may try cases and conduct hearings within 3 months, unless extended by the Chief Justice. It must resolve cases within 12 months. Principle 4 Perfection of appeal is reckoned from a. Filing of notice of appeal and b. Payment of the docket fees 27/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 These requirements are jurisdictional. Principle 5 Appeal must be filed within the 15-day prescriptive period. Principle 6 Appeal is taken from the judgment or final order that completely disposes of the case. Principle 7 Before 30 March 2004* decision and rulings of CTA was appealable to CA. *Effectivity of RA 9282, an act expanding jurisdiction of the CTA and elevating its rank to a collegiate court. VIII. Jurisdiction of Supreme Court Composition of SC 1 Chief Justice 14 Associate Justices* *En banc or division of 5 members Principal Function of SC 3. Judicial Power 4. Administrative Power 5. Rule-making Power

SC Jurisdiction 1. Original 2. Appellate a. Review judgment of Constitutional Commission b. Appeal c. Certiorari Doctrines Relative to SC Judicial Power 28/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Judicial Review Judicial Supremacy Judicial Hierarchy Judicial Power 1. Power of court of proper jurisdiction to determine controversies between adverse litigants. 2. Power to determine grave abuses of discretion amounting to lack or excess of jurisdiction. Judicial Review Courts power to review the acts of administrative agencies exercising quasi-judicial power even though it does not give the right of review. Judicial Supremacy Courts power to annul the acts of the other governmental branches if not conformable to the fundamental law. Judicial Hierarchy 1. Four level of courts 2. Parties must observe jurisdiction for each level in filing their cases.

Principle 1 The Supreme Court is the highest tribunal of the land. Principle 2 No constitutional questions will be heard unless the following requisites are present: A actual controversy P proper party E earliest opportunity N necessary for the final determination of the case

Principle 3 There is actual controversy if: it involves conflicts of rights it is not moot and academic* * when purpose of case becomes stale

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Principle 4 Proper party is one who: a. has sustained, or b. in danger of sustaining direct injury as a result of the law. Principle 5 Earliest opportunity means the constitutional question should have been raised in the proceedings below the SC. Principle 6 For the court to decide the constitutional question, the issue of constitutionality must be very lis mota presented in a case

IX. Rule on Venue Principle 1 There can be a motion to dismiss on the ground of improper venue although the dismissal may not be motu proprio.

Principle 2 In real actions, the venue is the place where the property or a portion thereof is located Principle 3 In personal actions the plaintiff has a choice where to file the case: a. where the plaintiff of any of the principal plaintiff resides; b. where the defendant or any of the principal defendants actually resides; c. In case of non-resident person, where he may be found

Principle 4 Principles #2 and # 3 will not apply on the following cases: a. if the law or rule so provides; b. if the parties agreed in writing before the action is filed, that the action will be filed exclusively to a particular venue to the exclusion of all other venues. Principle 5 Venue in civil cases is for the convenience of the parties, thus, it may be agreed upon. 30/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 Principle 6 Venue in criminal cases is jurisdictional, thus, it may not be agreed upon. Principle 7 If the court continues to hear, try, and decide cases where there is improper venue, the injured party may file a special civil action of prohibition.

X. Rules on Summary Procedure To what court summary procedure assigned? -> first level courts (MTCs) -> RTCs do not observe summary procedure What are the cases covered under Summary Procedure? a. Civil cases; and b. Criminal cases What are the civil cases that would require the rules on summary procedure? a. Ejectment cases a. Forcible entry b. Unlawful detainer b. all other cases except probate cases which RTC has jurisdiction

Criminal cases covered under Rules of Summary Procedure 1. Violation of the traffic rules 2. Violation of the rental law 3. Violation of municipal or city ordinance 4. All other criminal cases where penalty of imprisonment not exceeding 6 months or a fine not exceeding P1,000.00 5. Violation of BP 22 Bouncing checks law Prohibited Pleadings and Motion (under sec 19 of Rules on Summary Procedure) 31/33

Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 a. Motion to dismiss the complaint or quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section (sec 18 referral to lupon); b. Motion for a bill of particulars; c. Motion for new trial, or for reconsideration of a judgment or for opening of trial; d. Petition for relief from judgment; e. Motion for extension of time to file pleadings, affidavits or any other paper; f. Memoranda; g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; h. Motion to declare the defendant in default; i. Dilatory motion for postponement; j. Reply; k. Third party complaints; l. Interventions XI. Rules on Small Claims Rules on Summary Procedure 1. Applies to both civil and criminal cases 2. Can be represented by a lawyer 3. Need to file an initiatory pleading 4. There is an appeal Rules of Procedure for Small Claims 1. Only covers civil cases or civil aspect of a criminal case 2. There is an anti-lawyer biased a lawyer is prohibited to enter his representative appearance in a small claims court 3. File a statement of claims 4. The decision is already final and executory

Similarities of Rules on Summary Procedures and Rules of Procedure for Small Claims 1. The most expeditious and the less expensive way to litigate. 2. Prohibited pleadings, motions, petitions are the same (sec 19).

Small Claims collection for sum of money, P100,000.00 or less. Claims or demands may be: a.) For sum of money: 1. Contract of lease (lending of personal or real property) 2. Contract of loan ( including money or other consumables) 3. Contact of service 4. Contract of mortgage 5. Contact of sale

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012 b.) For damages: 1. arising from fault or negligence 2. quasi-contract (LUV act) 3. contract c.) Enforcement of barangay settlement Commencement of Filing 1. Statement of claims 2. Certificate of non-forum shopping 3. Actionable documents 4.

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