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PRELIMINARIES How are remedial laws implemented in our system of

WHAT IS THE CONCEPT OF REMEDIAL LAW?
It is a branch of public law, which prescribes the procedural
rules to be observed in litigations, whether civil, criminal, or
administrative, and in special proceedings, as well as the
remedies or reliefs available in each case
government?
They are implemented through the judicial system, including the
prosecutorial service of courts and quasi-judicial agencies.
RULE-MAKING POWER OF THE SUPREME COURT

SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL Section 5 (5), Art. VIII of the Constitution provides that the
LAW Supreme Court shall have the power to promulgate rules concerning
the protection and enforcement of constitutional rights, pleading,
SUBSTANTIVE LAW REMEDIAL LAW practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged.
creates, defines and regulates prescribes the methods of
Such rules shall provide a simplified and inexpensive procedure for
rights and duties regarding life, enforcing those rights and
the speedy disposition of cases, shall be uniform for all courts of the
liberty or property which when obligations created by
same grade, and shall not diminish, increase, or modify substantive
violated gives rise to a cause of substantive law by providing a
rights. Rules of procedure of special courts and quasi-judicial bodies
action (Bustos v. Lucero, 81 procedural system for obtaining
shall remain effective unless disapproved by the Supreme Court
Phil. 640). redress for the invasion of rights
and violations of duties and by
LIMITATIONS OF THE RULE-MAKING POWER OF THE
prescribing rules as to how suits
SUPREME COURT
are filed, tried and decided by
the courts.
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;
WHAT ARE THE PRINCIPAL SOURCES OF REMEDIAL LAW?
3. They shall not diminish, increase, or modify substantive
1. Constitution;
rights (Sec. 5[5], Art. VIII, Constitution).
2. Different laws creating the judiciary, defining and
4. The power to admit attorneys to the Bar is not an arbitrary
allocating jurisdiction to courts of different levels;
and despotic one, to be exercised at the pleasure of the
3. Procedural laws and rules promulgated by the Supreme
court, or from passion, prejudice or personal hostility, but is
Court;
the duty of the court to exercise and regulate it by a sound
4. Circulars;
and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)
5. Administrative orders;
6. Internal rules
POWER OF THE SUPREME COURT TO AMEND AND SUSPEND
PROCEDURAL RULES
WHAT IS PROCEDURAL RULE?
Procedural rule is the judicial process for enforcing rights and
When compelling reasons so warrant or when the purpose of
duties recognized by substantive law and for justly administering
justice requires it. What constitutes good and sufficient cause that
remedy and redress for their disregard or infraction.
would merit suspension of the rules is discretionary upon courts.

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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 any 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)
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.
(Cu-Unjieng v. CA, 479 SCRA 594) (3) Where substantial and
important issues await resolution. (Pagbilao, supra) (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).
PRINCIPLE OF JUDICIAL HIERARCHY
This is an ordained sequence of recourse to courts vested
with concurrent jurisdiction, beginning from the lowest, on to the
next highest, and ultimately to the highest. This hierarchy is
determinative of the venue of appeals, and is likewise
determinative of the proper forum for petitions for extraordinary
writs. This is an established policy necessary to avoid inordinate
demands upon the Courts time and attention which are better
devoted to those matters within its exclusive jurisdiction, and to
preclude the further clogging of the Courts docket (Sec. 9[1], BP
129; Sec. 5[1], Art. VIII, Constitution of the Philippines)
A higher court will not entertain direct resort to it unless the
redress cannot be obtained in the appropriate courts. The SC is a
court of last resort. It cannot and should not be burdened with the
CIVPRO NOTES
task of deciding cases in the first instances. Its jurisdiction to issue
extraordinary writs should be exercised only where absolutely
necessary or where serious and important reasons exist. Petitions
for the issuance of extraordinary writs against first level courts
should be filed with the RTC and those against the latter with the
CA. a direct invocation of the SCs original jurisdiction to issue
these writs should be allowed only where there are special and
important reasons therefor, clearly and specifically set out in the
petition. The doctrine of hierarchy of courts may be disregarded if
warranted by the nature and importance of the issues raised in the
interest of speedy justice and to avoid future litigations, or in cases
of national interest and of serious implications. Under the principle
of liberal interpretations, for example, it may take cognizance of a
petition for certiorari directly filed before it.
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF
JUDICIAL STABILITY
Courts of equal and coordinate jurisdiction cannot interfere
with each others 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. (2) 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 coequal with the RTC in
terms of rank and stature, and logically beyond the control of the
latter.
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GENERAL PROVISIONS IN PERSONAM IN REM QUASI IN REM

Claim against some The object is to bar An individual is
WHAT ARE THE DIFFERENT KINDS OF ACTION? particular person, indifferently all who named as
with a judgment might be minded to defendant and the
1. Civil action which is generally in make an objection purpose of the
2. Criminal action theory at least, of any sort against proceeding is to
3. Special proceedings binds his body, or to the right sought to subject his interest
bar some individual be established, and therein to the
claim or objection if anyone in the obligation or lien
CIVIL ACTIONS so that only certain world has a right to burdening the
An action by which a party sues another for the enforcement persons are entitled be heard on the property.
or protection of a right, or the prevention or redress of a wrong to be heard on strength of alleging
defense. facts which if true
CRIMINAL ACTIONS show an
One by which the State prosecutes a person for an act or inconsistent
omission punishable by law interest.

SPECIAL PROCEEDINGS
Remedy by which a party seeks to establish a status, right or WHEN ARE THE RULES NOT APPLICABLE?
particular fact 1. Election cases
2. Land registration
ACTION V. PROCEEDINGS 3. Cadastral
4. Naturalization
ACTION PROCEEDINGS 5. Insolvency proceedings
formal demand of ones application or 6. And other cases not herein provided for
legal rights in a court of proceeding to establish
justice in the manner the status or right of a EXCEPTIONS:
prescribed by the court or party or a particular fact The Rules of Court are applicable to the
by the law abovementioned cases by analogy or in a suppletory
character and whenever practicable and convenient.

REAL ACTION PERSONAL ACTION HOW IS CIVIL ACTION COMMENCED?

actions affecting title to, or
possession of real property,
or interest therein, or
forcible entry and detainer
actions
actions founded on privity of
contract or for the THE FILING OF THE COMPLAINT (when an additional defendant
enforcement or resolution of is impleaded in a later pleading, the action is commenced with
a contract, or for recovery of regard to him on the date of the filing of such LATER PLEADING;)
personal property and
THE PAYMENT OF DOCKET FEES (determined not only by the
amount of the claim but also by the amount of damages.)

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WHEN DOES AN ACTION COMMENCE? RIGHT OF ACTION

It is the right of a person to commence and prosecute an
It is commenced by the filing of the original complaint in court. action to obtain the relief sought.
In case of an additional defendant, action is commenced with
regard to him on the date of the filing of such later pleading, REQUISITES:
irrespective of whether the motion for its admission, if necessary, 1. There must be a GOOD CAUSE (the existence of a cause of
is denied by the court. action)
Civil actions are deemed commenced from the date of the 2. A compliance with all the CONDITIONS PRECEDENT to the
filing and docketing of the complaint, without taking into account bringing of the action; and
the issuance and service of summons (Cabrera v. Tiano, 8 SCRA 3. The action must be instituted by the PROPER PARTY;
542)
CAUSE OF ACTION v. RIGHT OF ACTION
An action can be commenced by filling the complaint by
registered mail, in which case, it is the date of mailing that is CAUSE OF ACTION RIGHT OF ACTION
considered as the date of filing and not the date of the receipt Delict or wrongful act or Remedial right or right
thereof by the clerk of court. omission committed by to relief granted by the
the defendant in law to a party to
HOW SHOULD THE RULE BE CONSTRUED? violation of the primary institute an action
GENERAL RULE: rights of the plaintiff. against a person who
Liberal Construction The reason for the has committed a delict
action. or wrong against him.
EXCEPTIONS: The formal statement of The remedy or means
1. Reglementary periods; the operative facts that afforded or the
2. Rule on forum shopping; gives rise to remedial consequent relief.
3. Service of Summons right. The remedial right
A matter of procedure given to a person
CIVIL ACTIONS , ORDINARY CIVIL ACTIONS and depends on the because of the
RULE 2 pleading filed by the occurrence of the
parties; alleged facts;
Not affected by A matter of right and
CAUSES OF ACTION, defined:
affirmative defenses depends on substantive
(Fraud, prescription, law;
It is the act or omission by which a party violates a right of another.
estoppel, etc.) Affected by affirmative
defences.
ELEMENTS OF A CAUSE OF ACTION
1. Legal right of the plaintiff
2. Correlative obligations of the defendant
3. Act or omission of the defendant in violation of the plaintiffs
said legal right

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What is the test of sufficiency of the statement of a cause of An answer alleging either of the aforementioned grounds as
action? affirmative defense (Rule 16, Sec. 6)
Whether or not admitting the facts alleged, the court could
render a valid verdict in accordance with the prayer of the DOCTRINE OF ANTICIPATORY BREACH
complaint (Misamis Occidental II Coop., Inc. vs. David, 468 SCRA An UNQUALIFIED and POSITIVE REFUSAL to
63; Riano, p. 92, 2009 ed.) perform a contract, though the performance thereof is not yet
due, may give rise to an action if the renunciation goes into
The sufficiency of the statement of cause of action must the whole contract, be treated as a complete breach which will
appear on the face of the complaint and its existence is only entitle the injured party to bring his action at once. (Blossom
determined by the allegations of the complaint (Viewmaster & Co., vs. Manila Gas Corp., 55 Phil. 226)
Construction Corp. vs. Roxas, 335 SCRA 540; Riano, Civil
Procedure: A Restatement for the Bar, p. 93, 2009 ed) WHAT IS A JOINDER OF CAUSES OF ACTION?
It is the assertion of as many causes of action a party may
SPLITTING OF CAUSE OF ACTION have against another in one pleading alone (Sec. 5, Rule 2).
It is the act of dividing a single or indivisible cause of action
into several parts or claims and bringing several actions thereon. IS MISJOINDER OF CAUSES OF ACTION A GROUND FOR
It is NOT ALLOWED. DISMISSAL?
PURPOSE: No. A misjoined cause of action may, on motion of a party or
To prevent repeated litigation between the same parties with on initiative of the court, be severed and proceeded with
respect to the same subject of controversy and to protect the separately (Sec. 6 Rule 2).
defendant from unnecessary vexation, and to avoid costs and
expenses incurred for numerous suits PARTIES TO CIVIL ACTIONS
This rule also applies to counterclaims and crossclaims.
RULE 3
What are the rules on splitting a single cause of action?
WHAT ARE THE KINDS OF PARTIES IN A CIVIL ACTION
Prohibited by the Rules of Court. A party may not institute
more than one suit for a single cause of action. (Sec.3, Rule 2) 1. Real parties in interest
2. Indispensable parties
The rule against splitting a single cause of action applies not 3. Representatives as parties
only to complaints but also to counterclaims and cross-claims. 4. Necessary parties
(Mariscal vs. Court of Appeals, 311 SCRA 51) 5. Indigent parties
6. Pro-forma parties
REMEDIES AGAINST SPLLITING A SINGLE CAUSE OF
ACTION: Who is a real party in interest?
1. Motion to Dismiss on the ground of: He is the party who stands to be benefited or injured
2. Litis pendentia (Rule 16, Sec. 1 (e); or by the judgment in the suit, or the party entitled to the avails
3. Res judicata (Rule 16, Sec. 1(f) . of the suit (Sec. 2 Rule 3).

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Distinguish an indispensable party from a necessary party.
INDISPENSABLE PARTY
Parties in interest
without whom no final
determination can be
had of an action shall
be joined either as
plaintiffs or defendants.
(Sec.7, Rule 3) Must
be joined under any
and all conditions
because the court
cannot proceed without
him (Riano, Civil
Procedure: A
Restatement for the
Bar, p. 224, 2009 ed.)
No valid judgment if
they are not joined
Non-joinder is not for
itself ipso facto a
ground for dismissal of
action.
NECESSARY PARTY
one who is not
indispensable but who
ought to be joined as a
party if complete relief
is to be accorded as to
those already parties,
or for a complete
determination or
settlement of the claim
subject of the action.
(Sec.8, Rule 3)
The case may be
determined in court but
the judgment therein
will not resolve the
entire controversy if a
necessary party is not
joined
Non-joinder is not for
itself ipso facto a
ground for dismissal of
action.
May an action be prosecuted in the name of other party other
than the real party in interest?
No. Every action must be prosecuted and defended
in the name of the real party-in-interest (Sec. 2, Rule 3).
Even where the action is allowed to be prosecuted or
defended by a representative party or someone acting in
a fiduciary capacity, the beneficiary shall be included in
the title of the case and shall be deemed to be a real party-
in-interest (Sec.3 Rule 3; Riano, p. 219, 2009 ed.)
Who is an indigent party?
He is one who has no money or property sufficient
and available for food, shelter and basic necessities for
himself and his family. (Sec. 21 Rule 3)
What is the rule on indigent litigants?
If the applicant for exemption meets the salary and
property requirements under Sec. 19, Rule 141, then the
grant of the application is mandatory. On the other hand,
when the application does not satisfy one or both
requirements, then the application should not be denied
outright; instead, the court should apply the indigency
test under Sec. 21, Rule 3 and use its sound discretion
in determining the merits of the prayer for exemption
What does the authority include, if one is authorized as an
indigent party?

1. An exemption from the payment of:

May a party sue the defendants in the alternative?
Yes. Where the plaintiff is uncertain against who of
several persons he is entitled to relief, he may join any or
all of them in the alternative, although a right to relief
against one may be inconsistent with a right to relief
against the other (Sec. 13, Rule 3).
2. Docket fees and other lawful fees;
3. Transcript of stenographic notes. (Sec. 21, Rule 3)
Note: The amount of the docket and other lawful fees which the
indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless
otherwise provided (Sec. 21, Rule 3).

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Who is a pro forma party?
One who is joined as a plaintiff or defendant, not
because such party has any real interest in the subject
matter or because any relief is demanded, but merely
because the technical rules of pleadings require the
presence of such party on the record.
When is there a compulsory joinder of parties?
The joinder of parties becomes compulsory when the one
involved is an indispensable party. Clearly, the rule directs a
compulsory joinder of indispensable parties, (Riano, Civil
Procedure: A Restatement for the Bar, p. 222, 2009 ed.)
What are the requisites of permissive joinder of parties?
1. Right to relief arises out of the same transaction or series of
transactions (connected with the same subject matter of the
suit);
2. There is a question of law or fact common to all the plaintiffs
or defendants; and
3. Joinder is not otherwise provided by the provisions of the
Rules on jurisdiction and venue (Sec. 6, Rule 3).
Is the misjoinder or non-joinder of an indispensable party a
ground for the dismissal of the action or annulment of
judgment?
No. The Rules prohibit the dismissal of a suit on the ground of
non-joinder or misjoinder of parties and allows the amendment of
the complaint at any stage of the proceedings, through motion or
on order of the court on its own initiative (Sec. 11, Rule 3;).
However, when the order of the court to implead an indispendable
party goes unheeded, the court may order the dismissal of the
case. The court is fully clothed with the authority to dismiss a
complaint due to the fault of the plaintiff as when, among others,
he does not comply with the order of the court (Sec. 3, Rule 17;)
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What is a class suit?
It is an action where one or some of the parties may
sue for the benefit of all if the requisites for said action are
complied with. (Riano, Civil Procedure: A Restatement for
the Bar, p. 236, 2009 ed.)
What are its requisites?
1. Subject matter of the controversy is one of common or
general interest to many persons;
2. Parties affected are so numerous that it is impracticable to
bring them all before the court;
3. Parties bringing the class suit are sufficiently numerous or
representative of the class and can fully protect the interests
of all concerned (Sec. 12 Rule 3); and
4. Representatives sue or defend for the benefit of all (Sec.12,
Rule 3)
What is the rule on suits against entities without juridical
personality?
When two or more persons not organized as an entity
with juridical personality enter into a transaction, they may be
sued under the name by which they are generally or
commonly known. In the answer of such defendant, the
names and addresses of the persons composing said entity
must all be revealed (Sec. 15, Rule 3).
What is the effect of the death of a party upon a pending
action?
Purely personal the death of either of the parties extinguishes the
claim and the action is DISMISSED.
Not purely personal claim is NOT EXTINGUISHED AND THE
PARTY SHOULD BE SUBSTITUTED by his heirs, executor or
administrator. In case of minor heirs, the court may appoint a
guardian ad litem for them.
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Action for recovery of money arising from contract and of summary procedure.
the defendant dies before entry of final judgment it shall NOT
BE DISMISSED BUT INSTEAD SHALL BE ALLOWED TO
CONTINUE UNTIL ENTRY OF JUDGMENT. A favorable
judgment obtained by the plaintiff shall be enforced in the manner
provided in the rules for prosecuting claims against the estate of What is the venue of real actions?
a deceased person. (Sec. 20, Rule 3, The venue is local, hence the venue is the place where the
real property involved or, any portion thereof, is situated
VENUE (Sec. 1, Rule 4).
RULE 4 What is the venue of personal actions?
The venue is transitory, hence the venue is the residence of
the plaintiff or defendant at the option of the plaintiff. (Sec.
DISTINGUISH VENUE FROM JURISDICTION 3, Rule 4).
VENUE JURISDICTION Where should the action be commenced and tried if the
The place, or Power of the court to defendant is a non-resident?
geographical area hear and decide a case
where an action is to be Defendant does not reside and is found in the Philippines:
filed and tried. Cannot be waived
May be waived by: Personal actions shall be commenced and tried in the court of
a) Failure to Substantive the place WHERE THE PLAINTIFF RESIDES
object through Cannot be the subject
a motion to of the agreement of the Real actions shall be commenced and tried in the court of the
dismiss or parties. place WHERE THE PROPERTY IS LOCATED.
through an Establishes a relation
affirmative between the court and
defense. the subject matter. Defendant does not reside and is not found in the Philippines
b) Stipulation of
the parties. It is a ground for motu If the action affects the personal status of the plaintiff the action
Procedural proprio dismissal may be commenced and tried in the court of the place WHERE
May be changed by the THE PLAINTIFF RESIDES.
written agreement of
the parties If it involves any property of the non-resident defendant the
Establishes a relation action may be commenced and tried wHERE THE PROPERTY
between plaintiff and OR ANY PORTION THEREOF IS SITUATED (Sec. 3, Rule 4).
defendant, or petitioner
and respondent. In what instances does the rule on venue of action
Not a ground for motu inapplicable?
proprio dismissal
except in cases subject In cases where a specific rule or law provides otherwise (e.g.
an action for damages arising from libel).

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CERTAIN PRINCIPLES TO REMEMBER WITH REGARD

Where the parties have validly agreed in writing before the JURISDICTION
filing of the action on the exclusive venue (Sec. 4, Rule 4).
1. CONFERRED BY LAW over the cause or subject matter
What is rule on the stipulations on venue? (it is law that DETERMINES jurisdiction)
The parties may agree on a specific venue which Jurisdiction cannot be stipulated by the parties;
could be in a place where neither of them resides Cannot be affected by estoppel or laches;
(Universal Robina Corp. vs. Lim, 535 SCRA 95). The Timeliness of the raising of the question on
parties may stipulate on the venue as long as the jurisdiction; Laches can bar appellants to question
agreement is in writing, made before the filing of the jurisdiction taking into consideration the timeliness of
action, and exclusive. (Sec.4[b], Rule 4)
the parties to raise such issues; Tijam v.
Sibonghanoy is more of an exception than the rule;
What makes a stipulation on venue exclusive?
Venue is exclusive when the stipulation clearly 2. Error of jurisdiction v. error of judgment
indicates, through qualifying and restrictive words that ERROR OF JURISDICTION void or voidable; remedy is
the parties deliberately exclude causes or actions from the filing of a petition for prohibition or certiorari;
the operation of the ordinary permissive rules on venue ERROR OF JUDGMENT court had jurisdiction to rule;
and that they intended contractually to designate a remedy is to appeal;
specific venue to the exclusion of any other court also
competent and accessible to the parties under the CLASSES OF JURISDICTION
ordinary rules on venue of actions.
GENERAL LIMITED/SPECIAL
When is stipulation on venue void? extends to all controversies is confined to particular
It is void and unenforceable when it is contrary to which may be brought before causes or can be exercised
public policy.
a court within the legal only under the limitations
Note: When the action is no longer based on the agreement but on bounds of rights and and circumstances
the tortuous act of sending collection telegrams despite the fact remedies. prescribed by the statute
that the obligation had already been paid, venue is no longer
based on the written stipulation but at the election of the plaintiff ORIGINAL APPELLATE
as fixed by law. inherent in a court of first power and authority
instance. conferred upon a superior
JURISDICTION court to rehear and
WHAT IS JURISDICTION? determine causes which
It is the legal authority to hear and determine a cause or the
have been tried in inferior
right to act in a case.
courts

OVER SUBJECT OVER THE OVER THE

MATTER PERSON PROPERTY

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power to hear and power to render a seizure of the It is an organ of the government, belonging to the judicial department,
determine cases personal judgment property under whose function is the application of laws to controversies brought
of the general against a person legal process of before it and the public administration of justice.
class to which the and is acquired by the court, whereby
proceedings in the voluntary it is held to abide COURT AS DISTINGUISED FROM JUDGE
question belong. appearance of the by such order as COURT JUDGE
party in court and the court makes,
Entire body in which Only an officer or
his submission to and with respect the judicial power is member of the court
its authority, or by to the persons vested
the coercive whose rights in May exist without a There may be a judge
power of legal the property are to present judge without a court
process exerted be affected; it may Disqualification of a May be disqualified
over the person. be attained by judge does not affect
constructive the court
service of
process, it not
being necessary WHAT ARE THE CLASSIFICATIONS OF PHILIPPINE COURTS?
that they should
1. Regular courts (Supreme Court, Court of Appeals, Regional
be brought within Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts
the reach of the in Cities, Municipal Trial Courts, Municipal Circuit Trial
process of the Courts)
court or should 2. Special courts (Sandiganbayan, Court of Tax Appeals,
receive actual Shari'a District Courts, Shari'a Circuit Courts)
notice. 3. Quasi-courts or Quasi-judicial agencies (e.g Civil Service
Commission)
EXCLUSIVE CONCURRENT
WHAT IS THE DOCTRINE OF ADHERENCE TO JURISDICTION
confined to a particular exercise by different courts
OR CONTINUITY OF JURISDICTION?
tribunal or grade of courts at the same time over the
and possessed by it to the same subject matter and GENERAL RULE:
exclusion of all others within the same territory, and Jurisdiction, once attached, cannot be ousted by
wherein litigants may, in the subsequent happenings or events although of a character
first instance, resort to either which would have prevented jurisdiction from attaching in
indifferently (note: remember the first instance, and the court retains jurisdiction until it
the doctrine of judicial finally disposes of the case.
hierarchy) EXCEPTIONS:
1. Where a subsequent statute expressly prohibits the continued
WHAT IS A COURT? exercise of jurisdiction;

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2. Where the law penalizing an act which is punishable is
repealed by a subsequent law;
3. When accused is deprived of his constitutional right such as
where the court fails to provide counsel for the accused who
is unable to obtain one and does not intelligently waive his
constitutional right;
4. Where the statute expressly provides, or is construed to the
effect that it is intended to operate as to actions pending
before its enactment;
5. When the proceedings in the court acquiring jurisdiction is
terminated, abandoned or declared void;
6. Once appeal has been perfected;
7. Curative statutes (Herrera, Vol. I, p. 106, 2007 ed.).
Does retroactivity of a law affect jurisdiction?
No. Jurisdiction being a matter of substantive law, the
established rule is that statute in force at the time of the
commencement of the action determines jurisdiction.
(Herrera, Vol. I, p. 105, 2007 ed.)
WHAT IS THE EFFECT OF LACK OF JURISDICTION OVER THE
SUBJECT MATTER?
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 on its own motion take cognizance of
lack of jurisdiction at any point in the case and has a
clearly recognized right to determine its own jurisdiction.
May jurisdiction of the court be raised or questioned at any
time?
GENERAL RULE:
Yes. The prevailing rule is that jurisdiction over the subject
matter may be raised at any stage of the proceedings.
EXCEPTIONS:
1. Estoppel by laches.
2. Public Policy
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WILL THE FAILURE TO EXHAUST ADMINISTRATIVE
REMEDIES AFFECT THE JURISDICTION OF THE COURT?
GENERAL RULE:
No. It is not jurisdictional but the case will be dismissed on
the ground of lack of cause of action. It only renders the
action premature. (Carale v. Abarintos, G.R. No. 120704,
March 3, 1997; Pestanas v. Dyogi, 81 SCRA 574)
EXCEPTIONS:
Before a party may be allowed to invoke the jurisdiction of
the courts, he is expected to have exhausted all means of
administrative redress.
EXCEPTIONS TO EXCEPTIONS:
1. Question raised is purely legal;
2. When the administrative body is in estoppel;
3. When the act complained of is patently illegal;
4. When there is need for judicial intervention;
5. When the respondent acted in disregard of due process;
6. When the respondent is the alter-ego of the President, bear
the implied or assumed approval of the latter;
7. When irreparable damage will be suffered;
8. When there is no other plain, speedy and adequate
remedy;
9. When strong public interest is involved; and
10. In quo warranto proceedings
WHAT IS THE EFFECT OF ESTOPPEL BY FAILURE TO OBJECT
TO LACK OF JURISDICTION?
The active participation of a party in a case is tantamount to
recognition of that courts jurisdiction and will bar a party
from impugning the courts jurisdiction. This only applies
to exceptional circumstances. (Francel Realty Corp. v.
Sycip, 469 SCRA 424; Concepcion v. Regalado, GR
167988, Feb. 6, 2007).
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What is jurisdiction over the issues?

It is the power of the court to try and decide issues raised in
the pleadings of the parties or by their agreement in a pre- JURISDICTIONS
trial order or those tried by the implied consent of the
parties. It may also be conferred by waiver or failure to
object to the presentation of evidence on a matter not SANDIGANBAYAN
raised in the pleadings EXCLUSIVE/ORIGINAL CONCURRENT
Cases involving violations of: - WITH SUPREME
How is jurisdiction over the res acquired? a) EO No. 1 (Creating the COURT
It is acquired either by: PCGG); a) Petitions for certiorari,
b) EO No. 2 (Illegal prohibition,
1. The seizure of the property under legal process. Acquisition and mandamus, habeas
2. As a result of the institution of legal proceedings, in which the Misappropriations of corpus, injunction and
power of the court is recognized and made effective. (Banco Ferdinand Marcos, other ancillary writs in
Espaol Filipino vs. Palanca, 37 Phil. 291). Imelda Marcos their aid of its appellate
3. The court by placing the property of thing under its custody close relatives, jurisdiction, including
(custodia legis). Example: attachment of property. subordinates, business quo warranto arising in
4. The court through statutory authority conferring upon it the associates, dummies, cases falling under
power to deal with the property or thing within the courts agents or nominees); Executive Order Nos.
territorial jurisdiction. Example: suits involving the status of c) EO No. 14 [Cases 1, 2, 14 and 14-A.
the parties or suits involving the property in the Philippines of involving the ill-gotten
non-resident defendants. wealth of the - WITH SUPREME
5. immediately mentioned COURT , COURT OF
What is the Aggregate or Totality Rule? persons (Marcos and APPEALS,
Where there are several claims or causes of actions between dummies)]; and REGIONAL TRIAL
the same or different parties embodied in one complaint, d) EO No. 14-A COURTS
the amount of the demand shall be the totality of the (amendments to EO No. a) Petitions for the
claims in all causes of action irrespective of whether the 14) (Sec. 2, R.A. 7975 issuance of writ of
causes of action arose out of the same or different as amended by R.A. amparo and writ of
transaction (Rule 2, Sec.5 [d]). 8294). habeas data.

CIVPRO NOTES
13

MUNICIPAL TRIAL COURT

EXCLUSIVE/ORIGINAL SPECIAL DELEGATED
3. ACTION INVOLVING PERSONAL PROPERTY, whose
value does not exceed P300,000 or in Metro Manila the
amount does not exceed P400,000; Petition for Habeas
4. Demand of money NOT exceeding P300,000 or in Corpus or application for bail in May be assigned by the Supreme
Metro Manila NOT exceeding P400,000; criminal cases in the absence of Court to hear cadastral or land
NOTE: Exclusive of interest, damages of whatever Regional Trial Court judges of registration cases where there is no
kind, attorneys' fees, litigation expenses and costs provinces or city; controversy over the land or in case
(IDALEC), the amount of which must be specifically alleged by of contested lands, the value does
the filing fees thereon shall be paid; Except, if the damages is NOT EXCEED P100,000.
the main cause of action or one of the causes of action;
5. Probate proceedings (testate or intestate) when the
gross value of the estate DOES NOT exceed P300,000
or in Metro Manila the value DOES NOT exceed
P400,000;
6. Action involving title to or possession of real property, or
any interest therein where the assessed value or interest
therein DOES NOT exceed P20,000 or in Metro Manila,
DOES NOT exceed P50,000.
7. Provisional remedies in principal actions within their
jurisdiction;
8. Inclusion and exclusion of voters (BP 881, Sec. 138);
9. Admiralty and maritime cases where demand or claim
does NOT exceed P300,000 or in Metro Manila, doe
NOT exceed P400,000;
10. Those covered by the Rules on Summary Procedure:
1. FORCIBLE ENTRY and UNLAWFUL
DETAINER
2. OTHER CIVIL CASES,

CIVPRO NOTES
14

REGIONAL TRIAL COURT

EXCLUSIVE/ORIGINAL CONCURRENT SPECIAL APPELLATE
1. Incapable of pecuniary estimation; WITH SUPREME COURT SUPREME COURT may All cases decided
2. Title or possession of real property Actions affecting designate certain branches of by the lower courts
or any interest therein, the ambassadors, public Regional Trial Court to try in their respective
assessed value EXCEED P20,000 ministers and consuls; exclusively criminal cases. territorial
or EXCEED P50,000 in Metro Juvenile and domestic relations jurisdiction EXCEPT
Manila; WITH SUPREME COURT AND cases, agrarian cases, urban decisions of lower
3. Admiralty and maritime cases COURT OF APPEALS land reform cases not falling courts in the
where demand or claim EXCEEDS issuance of writs of certiorari, within the jurisdiction of any exercise of
P300,000 or EXCEEDS P400,000 in prohibition, mandamus, habeas quasi-judicial body and other delegated
Metro Manila corpus, quo warranto, special cases in the interest of jurisdiction.
4. Matters of Probate (testate & injunctions against lower courts; justice.
intestate) where gross value of the
estate EXCEEDS P300,000 or WITH INSURANCE
EXCEEDS P400,000 in Metro COMMISSION claims NOT
Manila; EXCEEDING P100,000
5. All actions involving contract of
marriage and family relations (See
RA 8369 amending BP 129)
6. Cases NOT within the exclusive
jurisdiction of any court, tribunal,
person or body exercising judicial
or quasi-judicial functions;
7. Civil actions and special
proceedings failing within the
exclusive original jurisdiction of
Juvenile and Domestic Relations
Court and of Court of Agrarian
Relations as now provided by law;
8. All other cases where demand
EXCLUSIVE of interest, damages of
whatever kind, attorneys' fees,
litigation expenses and costs
(IDALEC) or the value of the
property in controversy EXCEEDS
P300,000 or P400,000 in Metro
Manila;

CIVPRO NOTES
15

COURT OF APPEALS (B.P. 129)

EXCLUSIVE/ORIGINAL
Action for annulment
of judgment of the Regional
Trial Court
CONCURRENT APPELLATE
WITH SUPREME COURT EXCLUSIVE APPELLATE JURISDICITON
a) Petition for certiorari, prohibition or mandamus over all final judgments, decisions, resolutions,
(CPM) against Regional Trial Court, habeas corpus, orders or awards of the Regional Trial Courts
quo warranto; and quasi-judicial agencies EXCEPT those
b) Petition for certiorari, prohibition or mandamus falling within the appellate jurisdiction of the
against the NLRC (However, this should be filed Supreme Court in accordance with the
with the Court of Appals first see St. Martin Constitution, Labor Code, B.P. 129 and of
Funeral Home versus- Court of Appeals, G.R. No. subparagraph 1 of the 3rd paragraph and
130866, Sept. 16, 1998) subparagraph 4 of the 4th paragraph of Section
c) Petition for certiorari, prohibition or mandamus 17 of the Judiciary Act of 1948.
against quasi-judicial agencies (like Civil Service
Commission, Court of Tax Appeals, etc.) (However,
this should be filed with the Court of Appeals see
Section 4 Rule 65)
d) WITH THE SUPREME COURT AND REGIONAL
TRIAL COURT :
a) Petitions for certiorari, prohibition or
mandamus against inferior courts and
other bodies; and
b) Petition for habeas corpus and quo
warranto

CIVPRO NOTES
16

SUPREME COURT
EXCLUSIVE/ORIGINAL CONCURRENT APPELLATE
Petition for certiorari, prohibition WITH COURT OF APPEALS Review, Revise, Reverse, Modify or Affirm on appeal or
or mandamus against: a) Petition for certiorari, prohibition or certiorari the following:
a) Court of Appeals; mandamus (CPM) against Regional a) All cases in which the constitutionality or validity of any
b) Commission on Trial Court, habeas corpus, quo treaty, international or executive agreement, law,
Election; warranto; presidential decree, proclamation, order, instruction,
c) Commission on b) Petition for certiorari, prohibition or ordinance or regulation is in question;
Audit; mandamus against the NLRC b) All cases involving the legality of any tax, impost,
d) Sandiganbayan (However, this should be filed with the assessment or toll or any penalty imposed in relation
Court of Appals first see St. Martin thereto;
Funeral Home versus- Court of c) All cases in which the jurisdiction of any lower court is in
Appeals, G.R. No. 130866, Sept. 16, issues;
1998) d) All criminal cases in which the penalty imposed is reclusion
c) Petition for certiorari, prohibition or perpetua;
mandamus against quasi-judicial e) All cases in which only an error or question of law is
agencies (like Civil Service involved.
Commission, Court of Tax Appeals,
etc.) (However, this should be filed with
the Court of Appeals see Section 4
Rule 65)
d) WITH THE COURT OF APPEALS AND
REGIONAL TRIAL COURT :
a) Petitions for certiorari,
prohibition or mandamus
against inferior courts and other
bodies; and
b) Petition for habeas corpus and
quo warranto
e) WITH THE REGIONAL TRIAL
COURTS
a) Actions against ambassador,
other public ministers and
consuls.

CIVPRO NOTES
17
EXCLUSIVE/ORIGINAL
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
CIVPRO NOTES
COURT OF TAX APPEALS
CONCURRENT APPELLATE
WITH COMMISSION OF INTERNAL REVENUE In tax collection cases
a) Decisions in cases involving disputed assessments, refunds of internal involving final and
revenue taxes, fees or other charges, penalties in relation thereto, or other executory
matters arising under the NIRC or other laws administered by BIR; assessments for
b) Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, taxes, fees, charges
fees or other charges, penalties in relation thereto, or other matters arising and penalties where
under the NIRC or other laws administered by BIR, where the NIRC or other the principal amount of
applicable law provides a specific period of action, in which case the inaction taxes and fees,
shall be deemed an implied denial; exclusive of charges
WITH REGIONAL TRIAL COURT and penalties claimed
c) Decisions, orders or resolutions in local taxes originally decided or resolved by is less than P1M tried
them in the exercise of their original or appellate jurisdiction by the proper MTC,
MeTC and RTC.
- WITH COMMISSIONER OF CUSTOMS
d) Decisions 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
e) Other matters arising under the Customs law or other laws, part of laws or
special laws administered by BOC;
WITH CENTRAL BOARD OF ASSESSMENT APPEALS
f) Decisions 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;
- WITH SECRETARY OF FINANCE
g) Decision 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;
h) WITH SECRETARY OF TRADE AND INDUSTRY AND SECRETARY OF
AGRICULTURE
i) 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
countervailing 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.
18

What are the two kinds of defenses that may be set forth in the
answer?
KINDS OF PLEADINGS
RULE 6 AFFIRMATIVE NEGATIVE
allegation of a new matter specific denial of the material
What are pleadings? which while hypothetically facts or facts alleged in the
Pleadings are the written statements of the respective admitting the material pleading essential to establish
claims and defenses of the parties submitted to the court for allegations in the pleading the plaintiffs cause of action
appropriate judgment. (Sec.1, Rule 6) would nevertheless prevent or (Sec. 5, Rule 6).
bar recovery by the claiming
What are the kinds of pleadings? party. It is in the nature of
1. Complaint confession and avoidance
2. Counterclaim
3. Cross-claim
4. Third party claim What are insufficient denials or denials amounting to an
5. Reply admission?
6. Answer
1. General denial
What is a complaint? 2. Denial in the form of a negative pregnant
It is a concise statement of the ultimate facts constituting the
plaintiffs cause or causes of action, with a specification of the What is negative pregnant?
relief sought, but it may add a general prayer for such further A denial which does not qualify as a specific denial. It is
relief as may be deemed just or equitable. conceded to be actually an admission (Riano, Civil
Procedure: A Restatement for the Bar, p. 327, 2009 ed.).
Note: A pleading alleging the plaintiffs cause or causes of action.
The names and residences of the plaintiff and defendant must be
stated. (Sec. 3, Rule 6) It is a form of denial which, at the same time, involves an
affirmative implication favorable to the opposing party. It
What is an answer? is in effect an admission of the averment to which it is
It is the pleading where the defendant sets forth his affirmative or directed. It is said to be a denial pregnant with an
negative defenses (Sec. 4 Rule 6). It may likewise be the admission of the substantial facts in the pleading
response to a counterclaim or a cross-claim. responded to. (Regalado, Remedial Law Compendium,
Vol. I, p. 177, 2005 ed.)
Note: An answer Is a compulsory pleading. This pleading may be an
answer to the complaint, an answer to counter claim or an answer What is counterclaim?
to a cross-claim (Riano, Civil Procedure: A Restatement for the It is any claim which a defending party may have against an
Bar, p. 323, 2009 ed.) opposing party (Sec. 6, Rule 6).

CIVPRO NOTES
19

Note: The filing of counterclaim gives rise to complaints, namely, the requires payment of
one filed by plaintiff by way of original complaint and the one filed docket fee .
by defendant by way of a counterclaim (Riano, Civil Procedure: A
Restatement for the Bar, p.330, 2009 ed.) A counterclaim may be
asserted against an original counter-claimant and a cross-claim
may also be filed against an original cross-claimant. (Sec.9, Rule What is the effect of the dismissal of a complaint on the
6) counterclaim?

DISTINGUISH THE TWO KINDS OF COUNTERCLAIM.
COMPULSORY
One which arises out of or is
necessarily connected
with the transaction or
occurrence that is the
subject matter of the
opposing partys claim
(Sec.7, Rule 6)
It does not require for its
adjudication the presence
of third parties of whom
the court cannot acquire
jurisdiction
Barred if not set up in the
action (Sec. 2, Rule 9)
Need not be answered; No
default
Not an initiatory pleading.
Need not be accompanied by
a certification against
forum shopping and
certificate to file action
by the Lupong
Tagapamayapa
The court has jurisdiction to
entertain both as to the
amount and nature (Sec.
7, Rule 6; Ibid p.331)
PERMISSIVE
It does not arise out of nor is
it necessarily connected
with the subject matter of
the opposing partys claim
It may require for its
adjudication the presence
of third parties over whom
the court cannot acquire
jurisdiction
Not barred even if not set up
in the action
Must be answered,:
Otherwise, default
Initiatory pleading.
Must be accompanied by a
certification against forum
shopping and whenever
required by law, also a
certificate to file action by
the Lupong
Tagapamayapa
Must be within the jurisdiction
of the court where the
case is pending and
cognizable by regular
courts of justice
otherwise, defendant will
have to file it in separate
proceeding which
1. If no motion to dismiss has been filed, any of the grounds for
dismissal under rule 16 may be pleaded as an affirmative
defense in the answer, and in the discretion of the court, a
preliminary hearing may be had thereon as if a motion to
dismiss has been filed (Sec. 6, Rule 16). After hearing, when
the complaint is dismissed, the counterclaim, compulsory or
permissive is not dismissed.
2. When the plaintiff himself files a motion to dismiss his
complaint after the defendant has pleaded his answer with a
counterclaim. If the court grants the motion, the dismissal
shall be limited to the complaint. It shall be without prejudice
to the right of the defendant to prosecute his counterclaim in
a separate action unless within 15 days from notice of the
motion, manifests his preference to have his counterclaim
resolved in the same action (Sec. 2, Rule 17).
3. When the complaint is dismissed through the fault of the
plaintiff and at a time when a counterclaim has already been
set up, the dismissal is without prejudice to the right of the
defendant to prosecute his counterclaim in the same or
separate action (Sec. 3, Rule 17; Riano, Civil Procedure: A
Restatement for the Bar, p. 340, 2009 ed.)

CIVPRO NOTES
20
What are the requirements for a cross-claim?
1. A claim by one party against a co-party;
2. It must arise out of the subject matter of the complaint or of
the counterclaim; and
3. The cross-claimant is prejudiced by the claim against him by
the opposing party. (Sec. 8, Rule 6)
What is the effect if a cross-claim was not set up?
GENERAL RULE:
Barred if not set up. (Sec.2, Rule 9)
EXCEPTION:
If it is not asserted through oversight, inadvertence, or
excusable negligence, it may still be set up with leave of
court by amendment of the pleadings. (Sec.10, Rule 11)
What is a third (fourth, etc.) party complaint?
A third (fourth, etc.) party complaint is a claim that a
defending party may, with leave of court, file against a
person not a party to the action, called the third (fourth,
etc.) party defendant, for contribution, indemnity,
subrogation or any other relief, in respect of his
opponent's claim. (Sec.11, Rule 6)
Distinguish a third-party complaint from the rules on bringing
in new parties.
Third-party complaint is proper when not one of the third-
party defendants therein is a party to the main action.
Whereas in bringing in new parties, if one or more of the
defendants in a counterclaim or cross-claim is already a
party to the action, then the other necessary parties may
be brought in under the rules on bringing in new parties.
Why is leave of court necessary in third (fourth, etc.) -party
complaint?
To obviate delay in the resolution of the complaint such as
when the third-party defendant cannot be located; or
CIVPRO NOTES
unnecessary issues may be introduced; or the
introduction of a new and separate controversy.
What is a complaint-in-intervention?
An intervention pleading filed for the purpose of asserting a
claim against either or all of the original parties.
Is the filing of a reply necessary?
GENERAL RULE:
No. If a party does not file such reply. All the new matters
that were alleged in the answer are deemed controverted
(Sec. 10, Rule 6)
EXCEPTIONS:
1. Where the answer alleges the defense of usury in which case
a reply under oath should be made. Otherwise, the allegation
of usurious interest shall be deemed admitted.
2. Where the defense in the answer is based on an actionable
document, a reply under oath pursuant to Sec. 8 of Rule 8
must be made. Otherwise, the genuineness and due
execution of the document shall be deemed admitted.
PLEADINGS ALLOWED IN SMALL CLAIM CASES AND CASES
COVERED BY THE RULES ON SUMMARY PROCEDURE
What are the pleadings allowed in a summary procedure?
1. Complaint
2. Compulsory counterclaim
3. Cross-claims pleaded in the answer
4. Answer to these pleadings
(Sec. 3, Rules on Summary Procedure)
21
What are the prohibited pleadings, motions and petitions in
small claims?
1. Motion to dismiss the complaint except on the ground of lack
of jurisdiction.
2. Motion for a bill of particulars.
3. Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial.
4. Petition for relief from judgment.
5. Motion for extension of time to file pleadings, affidavits, or
any other paper.
6. Memoranda.
7. Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court.
8. Motion to declare the defendant in default.
9. Dilatory motions for postponement.
10. Reply.
11. Third-party complaints.
12. Interventions. (Sec.14 of A.M. No. 08-8-7-SC)
PARTS OF A PLEADINGS
RULE 7
What should the caption contain?
The caption sets forth the name of the court, the title of the
action, and the docket number if assigned. (Sec. 1, Rule
7)
WHAT SHOULD THE TITLE OF THE CAPTION INDICATE?
It should indicate the names of the parties. They shall all be
named in the original complaint or petition but in
subsequent pleadings, it shall be sufficient if the name of
the first party on each side be stated with an appropriate
indication when there are other parties. (Sec. 1, Rule 7)
WHAT PAPERS ARE REQUIRED TO BE FILED AND SERVED?
Every judgment, resolution, order, pleading subsequent to the
complaint, written motion, notice, appearance, demand, offer of
CIVPRO NOTES
judgment or similar papers shall be filed with the court, and served
upon the parties affected. (Sec.4, Rule 13)
WHAT IS THE RULE REGARDING THE SIGNATURE AND
ADDRESS?
The complaint must be signed by the plaintiff or counsel representing
him indicating his address. This address should not be a post
office box. An unsigned pleading produces no legal effect.
However, the court may, in its discretion, allow such deficiency to
be remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who deliberately
files an unsigned pleading, or signs a pleading in violation of this
Rule, or alleges scandalous or indecent matter therein, or fails to
promptly report to the court a change of his address, shall be
subject to appropriate disciplinary action (Sec. 3, Rule 7)
HOW ARE PLEADINGS VERIFIED?
1. It is verified by an affidavit. This affidavit declares that the:
2. Affiant has read the pleading; and
3. Allegations therein are true and correct of his personal
knowledge or based on authentic records (Sec. 4, Rule 7)
IS VERIFICATION NECESSARY IN PLEADINGS?
No, except when otherwise specifically required by law or
rule, pleadings need not be under oath, verified or
accompanied by affidavit. (Sec. 4, Rule 7)
WHAT IS THE SIGNIFICANCE OF VERIFICATION?
It is intended to secure an assurance that the allegations in
a pleading are true and correct and not the product of the
imagination or a matter of speculation, and that the
pleading is filed in good faith. The absence of a proper
verification is cause to treat the pleading as unsigned and
dismissible.
22
WHAT ARE THE PLEADINGS THAT SHOULD BE VERIFIED?
The following should be verified:
1. Petition for relief from judgment
2. Petition for review from the RTCs to the CA
3. Petition for review from the CTA and quasi-judicial agencies
to the CA
4. Appeal by certiorari from the CA to the SC
5. Petition for annulment of judgments or final orders and
resolutions
6. Complaint for injunction
7. Application for support pendente lite
8. Petition for certiorari against the judgments, final orders or
resolutions of constitutional commissions
9. Petition for certiorari, prohibition, mandamus, quo warranto
10. Complaint for expropriation
11. Complaint for forcible entry or unlawful detainer
12. Petition for indirect contempt
13. Petition for appointment of general guardian
14. Petition for leave to sell or encumber property of an estate
by a guardian
15. Petition for the declaration of competency of a ward
16. Petition for habeas corpus
17. Petition for change of name
18. Petition for voluntary judicial dissolution of a corporation;
19. Petition for correction or cancellation of entries in Civil
Register
WHAT ARE THE EFFECTS OF LACK OF VERIFICATION?
1. A pleading required to be verified but lacks the proper
verification shall be treated as an unsigned pleading (Sec. 4
as amended by A.M. 00-2-10, May 1, 2000). Hence, it
produces no legal effect (Sec. 3, Rule 7);
2. It does not necessarily render the pleading defective. It is
only a formal and not a jurisdictional requirement. The
requirement is a condition affecting only the form of the
pleading (Benguet Corp. v. Cordillera Caraballo Mission,
CIVPRO NOTES
Inc., G.R. No. 155343, Sept. 2, 2005) and non-compliance
therewith does not necessarily render it fatally defective
(Sarmiento v. Zaranta, G.R. No. 167471, Feb. 5, 2007)
3. The absence of verification may be corrected by requiring an
oath. The rule is in keeping with the principle that rules of
procedure are established to secure substantial justice and
that technical requirements may be dispensed with in
meritorious cases (Pampanga Sugar Development Co., Inc.
v. NLRC, G.R. No. 112650, May 29, 1997)
WHAT IS THE NATURE OF THE CERTIFICATION AGAINST
NON-FORUM SHOPPING?
It is a mandatory requirement in filing a complaint
and other initiatory pleadings asserting a claim or
relief (Sec. 5, Rule 7).
This rules applies as well to special civil actions
since a since rules for ordinary civil action are
suppletory (Riano, Civil Procedure: A Restatement
for the Bar, p. 63, 2009 ed.).
WHO EXECUTES CERTIFICATION AGAINST FORUM-
SHOPPING?
It is the plaintiff or principal party who executes the certification under
oath (Sec. 5, Rule 7). It must be signed by the party himself and
cannot be signed by his counsels. (Digital Microwave Corp. v. CA,
G.R. No. 128550, Mar. 16, 2000). It is the plaintiff who is in the
best position to know whether he or it actually filed or caused the
filing of a petition.
WHAT IS THE EFFECT OF NON-COMPLIANCE WITH THE RULE
ON CERTIFICATION AGAINST FORUM SHOPPING?
It is not curable by mere amendment and shall be a cause for the
dismissal of action (Sec.5, Rule 7).
23
Note: When the case is dismissed due to non-compliance with the
certification, filing fees cannot be recovered.
WHAT IS THE EFFECT OF SUBMISSION OF A FALSE
CERTIFICATION?
It shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions (Sec. 5, Rule 7)
WHAT IS THE EFFECT OF NON-COMPLIANCE WITH THE
UNDERTAKINGS?
It has the same effect as the submission of false certification.
Hence, such failure shall constitute indirect contempt of
court without prejudice to the corresponding
administrative and criminal sanctions. (Sec. 5 Rule 7).
WHAT IS THE EFFECT OF WILLFUL AND DELIBERATE FORUM
SHOPPING OF THE PARTY OR HIS COUNSEL?
It shall be a ground for summary dismissal. This dismissal is with
prejudice and shall constitute direct contempt as well as cause for
administrative sanctions (Sec. 5, Rule 7).
IS BELATED FILING ALLOWED BY THE COURTS?
GENERAL RULE:
No. The lack of certification against forum shopping is
generally not curable by the submission thereof after the
filing of the petition.
EXCEPTION:
In certain exceptional circumstances, however, the Court has allowed
the belated filing of the certification.
CIVPRO NOTES
WHEN SHOULD THE RULE ON FORUM SHOPPING BE
INVOKED?
GENERAL RULE:
It should be raised at the earliest opportunity in a motion to
dismiss or a similar pleading.
EXCEPTIONS: It may be invoked in the later stages only if the
violation arises from or will result in:
1. The loss of jurisdiction over the subject matter
2. The pendency of another action between the same parties
for the same cause
3. Barring of the action by a prior judgment
4. The Statute of Limitations has been crossed
WHAT IS THE RULE WHEN THE PLAINTIFF IS A JURIDICAL
PERSON?
The certification against forum shopping where the plaintiff is
a juridical entity like a corporation, may be executed by
properly authorized person.
This person may be a lawyer of a corporation. As long as he
is duly authorized by the corporation and has personal
knowledge of the facts required to be disclosed in the
certification, such may be signed by the authorized lawyer
(National Steel Corporation vs. CA, 388 SCRA 85; Riano,
Civil Procedure: A Restatement for the Bar, p. 70, 2009
ed.
WHAT IS THE EFFECT OF LAWYERS SIGNATURE?
The signature of counsel constitutes:
A certificate by him that he has read the pleadings;
That to the best of his knowledge, information and belief there is
good ground to support it; and
That it is not interposed for delay. (Sec. 3, Rule 7)