QUIZ NO.

1
1. Differentiate Remedial Law from SubstantiveLaw

Substantive law Remedial Law

Part of the law which creates, defines or
regulates rights concerning life, liberty or
property or the powers of agencies
orinstrumentalities for the administration of
public affairs.
Creates vested rights.
Refers to the legislation providing means or
methods whereby causes of action may be
effectuated, wrongs redressed and relief
obtained (also known as Adjective Law).
Does not create vested rights.

Prospective in application Retroactive inapplication

Cannot be enacted by the Supreme Court. The Supreme Court is expressly empowered
to promulgate procedural rules

2. What is the rule-making power of the Supreme Court? What are its limitations?

Sec. 5(5), Art. VIII, of the 1987 CONST provides that that the Supreme Court shall have the
power to promulgate rules concerning:

(1) the protection and enforcement of Constitutional rights,

(2) pleading, practice, and procedure in all courts;

(3) admission to the practice of law;

(4) the Integrated Bar;

(5) legal assistance to the underprivileged

The same section sets forth the limitations to the power:

(1) The rules shall provide a simplified and inexpensive procedure for speedy disposition of
cases;

(2) The rules shall be uniform for courts of the same grade; and

(3) The rules shall not diminish, increase or modify substantive rights

3. Explain the following:

a. Liberal Construction Principle

The rules of evidence must be liberally construed. Rules of procedure are mere tools intended
to facilitate rather than to frustrate the attainment of justice. A strict and rigid application of the
rules must always be eschewed if it would subvert their primary objective of enhancing
substantial justice. It means that the words should receive a fair and reasonable interpretation,
so as to secure a just, speedy and inexpensive disposition of every action or proceeding.

b. Power of the supreme court to amend and suspend the rules

The SC has the power to amend, repeal or even establishnew rules for a more simplified and
inexpensive process,and the speedy disposition of cases (Makati Insurance Co.,Inc. v. Reyes,
G.R. No. 167403, August 6, 2008).

The courts have the power to relax or suspend technical orprocedural rules or to except a case
from their operationwhen compelling reasons so warrant or when the purposeof justice requires
it (Commissioner of Internal Revenue v.Migrant Pagbilao, Corporation, G.R. No. 159593,
October12, 2006).

*When compelling reasons so warrant or when the purpose of justice requires it = discretionary upon courts.

Reasons that would warrant the suspension:

(a) the existence of special or compelling circumstances

(b) merits of the case

(c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules

(d) a lack of ay showing that the review sought is merely frivolous and dilatory

(e) the other party will not be unjustly prejudiced thereby

C. Philippine courts being both courts of law and equity

A court of law decides a case according to the promulgated statute. A court of equity decides a case
according to the common precepts of what is right and just without inquiring into the terms of the statutes.

Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is
dispensed with in the same tribunal.

D. Principle of judicial hierarchy

Where courts have concurrent jurisdiction over a subject matter, a case must be filed before the
lowest court possible having the appropriate jurisdiction, except if one can advance a special
reason which would allow direct recourse to a higher court. The principle of hierarchy of courts
requires that recourses should be made to the lower courts before they are made to the higher
courts. [Republic v. Caguioa, G.R. No. 174385(2013)]

E. Doctrine of judicial stability

Note: also called DOCTRINE OF NON-INTERFERENCE

Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders [Lapu-Lapu
Dev’t and Housing Corp. v. Group Management Corp., G.R. No. 141407 (2002)]

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. [Villamor v.Salas, G.R. No.
101041 (1991)] The doctrine applies with equal force to administrative bodies. When the law
provides for an appeal from the decision of an administrative body to the SC or CA, it means
that such body is co-equal with the RTC in terms of rank and stature, and logically beyond the
control of the latter [Phil. SinterCorp. v. Cagayan Electric Power, G.R. No.127371 (2002)].

*EXCEPTION: The doctrine of judicial stability does not apply where a third party claimant is involved – this is in
consonance with the well-established principle that no man shall be affected by any proceeding to which he is a
stranger.

F. Doctrine of primary jurisdiction

The doctrine of primary jurisdiction holds that if a case is such that its determination requires the
expertise, specialized training and knowledge of the proper administrative bodies, relief must
first be obtained in an administrative proceeding before a remedy is supplied by the courts even
if the matter may well be within their proper jurisdiction.[Province of Aklan v. Jody King
Constructionand Dev’t Corp., G.R. No. 197592 (2013)]

*Note: Exceptions:

(1) Where there is estoppel on the part of the party invoking the doctrine;

(2) Where the challenged administrative act is patently illegal, amounting to lack of jurisdiction;

(3) Where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant;

(4) Where the amount involved is relatively small;

(5) Where the question involved is purely legal and will ultimately have to be decided by the courts;

(6) Where judicial intervention is urgent;

(7) When its application may cause great and irreparable damage;

(8) Where the controverted acts violate due process;

(9) When the issue of non-exhaustion of administrative remedies has been rendered moot;

(10) When there is no other plain, speedy, adequate remedy;

(11) When strong public interest is involved;

And

(12) In quo warranto proceedings.

G. Doctrine of adherence to jurisdiction or principle of continuity of jurisdiction

Once the jurisdiction of a court attaches, it continues until the case is finally terminated. The trial
court cannot be ousted therefrom by subsequent happenings or events, although of a character
that would have prevented jurisdiction from attaching in the first instance. [Baritua v. Mercader,
G.R. No.136048 (2001)]

As a consequence, jurisdiction is not affected by a new law placing a proceeding under the
jurisdiction of another tribunal, except:(1) Where there is an express provision in the statute (2)
The statute is clearly intended to apply to actions pending before its enactment.[People v.
Cawaling, G.R. No. 117970(1998)]

4. Define Jurisdiction.

Jurisdiction: authority to decide a cause. [Tolentino v. Leviste, G.R. No. 156118 (2004)]

a. Jurisdiction over the parties

A Court must acquire jurisdiction over the persons of indispensable parties before it can
validly pronounce judgments personal to the parties. [Regner v. Logarta, G.R. No. 168747
(2007)]

The manner by which the court acquires jurisdiction over the parties depends on whether the
party is the plaintiff or the defendant

b. Jurisdiction over the subject matter

It is the power to deal with the general subject involved in the action, and means not simply
jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the
class of cases to which the particular case belongs. It is the power or authority to hear and
determine cases to which the proceeding is question belongs.

c. Jurisdiction over the res

Jurisdiction over the res refers to the court’s jurisdiction over the thing or the property which is
the subject of the action. How jurisdiction over the res is acquired.

It is acquired either by:

1. The seizure of the property under legal process.

2. As a result of the institution of legal proceedings, in which the power of the court is
recognized and made effective (Banco Español Filipino v. Palanca, 37 Phil.291).

3. The court by placing the property of thing under itscustody (custodia legis).

4. The court through statutory authority conferring upon it the power to deal with the property or
thing within the court’s territorial jurisdiction.

d. Jurisdiction over the issues

The power of the court to try and decide issues raised in the pleadings of the parties (Reyes v.
Diaz, 73 Phil 484) or by their agreement in a pre-trial order or those tried by the implied consent
of the parties (Sec. 5, Rule 10).It may also be conferred by waiver or failure to object to the
presentation of evidence on a matter not raised in the pleadings. The issues tried shall be
treated in all respect as if they had been raised in the pleadings (Sec. 5, Rule 10).

5. How is jurisdiction acquired over the person of the plaintiff and the defendant?

Jurisdiction over the plaintiff is acquired by his filing of the complaint or petition and the payment
of correct docket fee. By doing so, he submits himself to the jurisdiction of the court.

1. By his voluntary appearance in court and his submission to its authority

2. By valid service of summons

3. Other coercive process upon him (arrest in criminal cases)

*NOTE: Jurisdiction over the defendant is not essential in actions in rem or quasi in rem as long as the
court has jurisdiction over the res

6. Differentiate jurisdiction from venue in civil and criminal cases

In civil cases, venue is not a matter of jurisdiction (Hrs. of Lopez v. de Castro, 324 SCRA 591,
2000). Venue becomes jurisdictional only in a criminal case. In the latter case, where the
information is filed not in the place where the offense was committed, the information may be
quashed for lack of jurisdiction over the offense charged (Sec. 3, Rule 117).

*Note: take note the diff bet venue and jurisdiction in general

7. Enumerate the jurisdiction of the following:

A. Supreme Court

Exclusive Original Jurisdiction Petitions for certiorari, prohibition and mandamus

against:

(1) Court of Appeals

(2) Commission on Elections

(3) Commission on Audit

(4) Court of Tax Appeals En Banc

(5) Sandiganbayan

(6) Ombudsman in criminal and non-administrative disciplinary cases

Concurrent Original Jurisdiction

(1) With CA

(a) Petitions for certiorari, prohibition, and mandamus against:

(i) Regional Trial Courts;

(ii) Civil Service Commission;

(iii) Central Board of Assessment Appeals;

(iv) NLRC and other Quasi-Judicial Agencies

(b) Petitions for writ of kalikasan

(2) With RTC in cases affecting ambassadors, public ministers and consuls.

(3) With CA and RTC

(a) Petitions for certiorari, prohibition and mandamus against lower courts and

bodies;

(b) Petitions for quo warranto;

(c) Petitions for writs of habeas corpus.

(4) With CA, RTC and Sandiganbayan

(a) Petitions for writ of amparo and habeas data.

Appellate Jurisdiction

By way of petition for review on certiorari (appeal by certiorari under Rule 45) against:

(1) CA

(2) Sandiganbayan

(3) RTC on pure questions of law

(4) CTA in its decisions rendered en banc

(5) MetC, MTC, MCTC in the exercise of their delegated jurisdiction, where the decision,

had it been rendered by RTC, would be appealable directly to the SC [Sec. 34, BP 129, as
amended]

*Only pure questions of law are involved when no evidentiary matters are to be evaluated by

the SC. If the only issue is whether or not the conclusions of the trial court are in consonance with law and
jurisprudence, then the issue is a pure question of law.

**This appellate jurisdiction applies:

(1) In cases involving the constitutionality or validity of a law or treaty, international or

executive agreement, law, presidential decree, proclamation, order, instruction,

ordinance or regulation, legality of a tax, impost, assessment, toll or penalty,

jurisdiction of a lower court; and

(2) All cases in which the jurisdiction of any court is in issue;

(3) All cases in which an error or question of law is involved

B. Court of appeals

Exclusive Original Jurisdict ion

(1) Actions for annulment of judgments of the RTC [see: Sec. 9(2), BP 129; Sec. 1, Rule 47]

Concurrent Original Jurisdiction

(1) With SC

(a) Petitions for certiorari, prohibition, and mandamus against:

(i) Regional Trial Courts;

(ii) Civil Service Commission;

(iii) Central Board of Assessment Appeals;

(iv) NLRC and other Quasi-Judicial Agencies

**NOTE: That, although there is concurrent jurisdiction as the 1987 Constitution grants this to the SC, SC A.M. No.
07-7-12. issued on 4 December 2007 provides that if the petition involves an act/omission of a Quasi-Judicial
Agency, the petition shall only be cognizable by the CA.

(b) Petitions for writ of kalikasan

(2) With SC and RTC

(a) Petitions for certiorari, prohibition and mandamus against lower courts and bodies;

(b) Petitions for quo warranto;

(c) Petitions for writs of habeas corpus.

(3) With SC, RTC and Sandiganbayan

(a) Petitions for writ of amparo and habeas data.

Exclusive Appellate Jurisdiction

(1) By ordinary appeal:

(a) From the RTC and the Family Courts

 (b) Over decisions of the MTCs in cadastral or land registration cases pursuant to its
delegated jurisdiction

(2) By petition for review:

(a) From judgments of the RTC rendered in its appellate jurisdiction.

(b) From decisions, resolutions, orders or awards of the Civil Service Commission and
other bodies mentioned in R43; and

**NOTE: The SC has clarified that the enumeration of the quasi-judicial agencies under Sec. 1, Rule 43 is not
exclusive – the said Rule is meant to be applied to any quasi-judicial agency and not just those to those quasi-
judicial agencies listed.

(c) From decisions of the Office of the Ombudsman in administrative disciplinary cases.

C. Court of tax appeals

Exclusive Appellate Jurisdiction:

(1) Decisions of Commissioner of Internal Revenue in cases involving disputed assessments,

refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other
matters arising under the NIRC or other laws administered by BIR;

(2) Inaction by CIR in the above-mentioned cases, where the NIRC or other applicable law
provides a speci f ic per iod of act ion, in which case the inaction shall be deemed an implied
denial;

(3) Decisions, orders or resolutions of the RTCs in local taxes originally decided or resolved by
them in the exercise of their original or appellate jurisdiction;

(4) Decisions of the Commissioner of Customs 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 other matters arising under the Customs law or other laws
administered by BOC;

(5) Decisions of the Central Board of Assessment Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property originally
decided by the provincial or city board of assessment appeals;

(6) Decision of the Secretary of Finance on customs cases elevated to him automatically for
review from decisions of the Commissioner of Customs which are adverse to the government
under Sec. 2315 of the Tariff and Customs Code;

(7) Decisions of Secretary of Trade and Industry in the case of non-agricultural articles, and
the Secretary of Agriculture in the case of agricultural articles, 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.
Exclusive Original Jurisdiction

(1) In tax collection cases involving final and executory assessments for taxes, fees, charges
and penalties, where the principal amount of taxes and fees claimed, exclusive of charges and
penalties, at least P1M.

(2) Over all criminal cases arising from violation of the NIRC and the TCC and other laws, part
of laws, or special laws administered by the BIR or the BOC where the principal amount of
taxes and fees, exclusive of charges and penalties claimed is less than P1M or where there is
no specified amount claimed (the offenses or penalties shall be tried by the regular courts and
the jurisdiction of the CTA shall be appellate);

Exclusive Appel ate Jurisdiction

(1) In criminal offenses

(a) Over appeals from the judgment, resolutions or orders of the RTC in tax cases
originally decided by them, in their respective territorial jurisdiction, and

(b) Over petitions for review of the judgments, resolutions or orders of the RTC in the
exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs,
and MCTCs in their respective jurisdiction.

(2) In tax collection cases

(a) Over appeals from the judgments, resolutions or orders of the RTC in tax collection
cases originally decided by them in their respective territorial jurisdiction; and

(b) Over petitions for review of the judgments, resolutions or orders of the RTC in the
exercise of their appellate jurisdiction over tax collection cases originally decided by the
MeTCs, MTCs and MCTCs in their respective jurisdiction.

D. Sandiganbayan

[P.D. 1606, AS AMENDED BY R.A. 7975 AND R.A. 10660]

Original Jurisdiction:

(1) Violations of RA 3019, or the Anti-Graft and Corrupt Practices Act

(2) Violations of RA 1379, or the Anti-Ill- Gotten Wealth Act

(3) Sequestration cases, under Executive Order Nos. 1, 2, 14, and 14-A

(4) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the principal

accused are occupying the following positions in the government, whether in permanent,
acting or interim capacity, at the time of the commission of the offense:
 (a) Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade 27 and higher, of the Compensation and Position
Classification Act of 1989 (RA 6758), specifically including:

(i) Provincial governors, vice- governors, members of the sangguniang

panlalawigan, and provincial treasurers, assessors, engineers, and other provincial
department heads

(ii) City mayors, vice-mayors, members of the sangguniang panlungsod, city

treasurers, assessors, engineers, and other city department heads

(iii) Officials of the diplomatic service occupying the position of consul and higher

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

(v) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent and higher

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

(vii) Presidents, directors or trustees, or managers of government-owned or

controlled corporations, state universities or educational institutions or foundations.

(b) Members of Congress and officials thereof classified as G-27 and up under RA 6758

(c) Members of the Judiciary without prejudice to the provisions of the Constitution

(d) Chairmen and Members of the Constitutional Commissions without prejudice to the
provisions of the Constitution

(e) All other national and local officials classified as Grade 27 and higher under RA 6758

(5) Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a. of section 4 (as amended) in relation
to their office.

(6) Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14-A (Sec. 4,
RA 8249)

(7) Petitions for mandamus, prohibition, certiorari, habeas corpus, inunctions, and other ancillary
writs and processes in aid of its appellate jurisdiction, and petitions of similar nature, including
quo warranto, arising or that may arise in cases filed or which may be filed under Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.

Appellate Jurisdiction over final judgments, resolutions or orders of the RTC whether in the
exercise of their original or appellate jurisdiction as provided.
Concurrent Original Jurisdiction with SC, CA, and RTC for petitions for writs of habeas data
and amparo

*NOTE: The requisites that the offender occupies salary Grade 27 and the offense must be intimately connected with
the official function must concur for the SB to have jurisdiction

E. Regional Trial Court

Exclusive Original Jurisdiction

(1) The subject matter of the action is incapable of pecuniary estimation [Sec. 19(1), BP 129]

(2) Civil actions involving title to, or possession of real property, or any interest therein, where
assessed value exceeds P20,000 outside Metro Manila, or exceeds P50,000 in Metro Manila
[Sec. 19(2), BP 129]

*EXCEPTION: Forcible entry and unlawful detainer cases [Sec. 33(2), BP 129]

(3) If the amount involved exceeds P300,000 outside Metro Manila or exceeds P400,000 in
Metro Manila in the following cases [BP 129, as amended by RA 7691]:

(a) Actions in admiralty and maritime jurisdiction, where the amount refers to the demand
or claim [Sec. 19(3)]

(b) Matters of probate (testate or intestate), where the amount refers to the gross value of
the estate [Sec. 19(4)]

(c) Other actions involving personal property, where the amount refers to the value of the
property

(d) Demand for money, where the amount refers to the demand exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses and costs [Sec. 19(8)].

(4) All actions involving the contract of marriage and family relation [Sec. 19(5), BP 129], and all
civil actions falling within the exclusive original jurisdiction of the Juvenile and Domestic
Relations Court and of the Court of Agrarian Reform [Sec. 19(7), BP 129]

(5) All cases not within the exclusive jurisdiction of any court, tribunal, person, or body
exercising judicial or quasi-judicial functions (General Or iginal Jur isdict ion) [Sec. 19(6), BP
129]

(6) Jurisdiction to Hear and Decide Intra-Corporate Controversies [Sec. 52, Securities and
Regulations Code]

(a) Cases involving devises or schemes employed by or any acts, of the board of directors,
business associates, its officers or partnership, amounting to fraud and misrepresentation
which may be detrimental to the interest of the public and/or of the stockholders, partners,
members of associations or organizations registered with the SEC
(b) Controversies arising out of intra-corporate or partnership relations, between and among
stockholders, members or associates; between any or all of them and the corporation,
partnership or association of which they are stockholders, members or associates, respectively;
and between such corporation , partnership or association and the state insofar as it concerns
their individual franchise or right to exist as such entity

(c) Controversies in the election or appointments of directors, trustees, officers or managers of

such corporations, partnerships or associations

(d) Petitions of corporations, partnerships or associations to be declared in the state of

suspension of payments in cases where the corporation, partnership of association possesses
sufficient property to cover all its debts but foresees the impossibility of meeting them when they
respectively fall due or in cases where the corporation, partnership of association has no
sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver
or Management Committee.

(7) Petitions for Declaratory Relief [Sec. 1, Rule 63]

Concurrent Original Jurisdiction

(1) With SC in cases affecting ambassadors, public ministers and consuls.

(2) With SC and CA

(a) Petitions for certiorari, prohibition and mandamus against lower courts and bodies;

(b) Petitions for quo warranto;

(c) Petitions for writs of habeas corpus.

(3) With SC, CA and Sandiganbayan

(a) Petitions for writ of amparo and habeas data.

(4) With Insurance Commissioner for claims not exceeding P100,000

Appellate Jurisdict ion over cases decided by lower courts in their respective territorial
jurisdictions, except those made in the exercise of delegated jurisdiction, which are appealable
in the same manner as decisions of the RTC [Sec. 34, BP 129, as amended].

Special Jurisdiction - SC may designate certain branches of RTC to try exclusively criminal
cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases not
falling within the jurisdiction of any quasi-judicial body and other special cases in the interest of
justice.

F. Family Courts
[RA 8369]

(1) Criminal cases where one or more of the accused is below 18 or one or more of the victims
was a minor;

(2) Petitions for guardianship, custody of children and habeas corpus involving children;

(3) Petitions for adoption of children and the revocation thereof;

(4) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to
status and property relations of husband and wife or those living together under different status
and agreements, and petitions for dissolution of conjugal partnership of gains;

(5) Petitions for support and/or acknowledgment;

(6) Summary judicial proceedings brought under the provisions of the Family Code;

(7) Petitions for declaration of status of children as abandoned, dependent or neglected

children, petitions for voluntary or involuntary commitment of children, the suspension,
termination or restoration of parental authority and other cases cognizable under PD 603, EO
56, s. 1986, and other related laws;

(8) Petitions for the constitution of the family home;

(9) Cases against minors cognizable under the Dangerous Drugs Act, as amended;

(10) Violations of RA 7610, or the Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act; and

(11) Cases of domestic violence against Women and Children

G. METROPOLITAN TRIAL COURTS/ MUNICIPAL TRIAL COURTS

Exclusive Original Jurisdiction

(1) If the amount involved does not exceed P300,000 outside Metro Manila or does not exceed
P400,000 in Metro Manila in the following cases:

(a) Actions in admiralty and maritime jurisdiction;

(b) Matters of probate (testate or intestate);

(c) Other actions involving personal property;

(d) Demand for money;

(2) Actions involving title to, or possession of, real property, or any interest therein where the
assessed value of the property or interest therein does not exceed P20,000 outside Metro
Manila or does not exceed P50,000 in Metro Manila

(3) Inclusion and exclusion of voters

(4) Those governed by the Rules on Summary Procedure

(5) Forcible entry and unlawful detainer (FEUD)

(a) With jurisdiction to resolve issue of ownership to determine ONLY issue of

possession (provisional only)

(b) Irrespective of the amount of damages or unpaid rentals sought to be recover

(c) Where attorney’s fees are awarded, the same shall not exceed P20,000

(6) Other civil cases, except probate proceeding, where the total amount of the plaintiff’s claim
does not exceed P200,000 in MM, exclusive of interests and costs.

Special Jurisdiction over petition for writ of habeas corpus OR application for bail in criminal
cases in the absence of all RTC judges in the province or city Delegated Jur isdict ion to hear
and decide cadastral and land registration cases where:

(1) There is no controversy over the land

(2)In case of contested lands, the value does not exceed P100, 000:

(a) The value is to be ascertained:

(i) By the claimant’s affidavit

(ii) By agreement of the respective claimants, if there are more than one

(iii) From the corresponding tax declaration of the real property

*NOTE: MTC decisions in cadastral and land registration cases are appealable in the same manner as RTC
decisions

**1st level courts:

(a) Metropolitan Trial Court – Metro Manila;

(b) Municipal Trial Courts in Cities – situated in cities

(c) Municipal Circuit Trial Court – composed of multi-sala

(d) Municipal Trial Courts – in one municipality

Small Claims Cases (note: pls double check)

In accordance with the 26 February 2019 Resolution in A.M. No. 08-8-7-SC or The Revised
Rules of Procedure for Small Claims Cases, the Court En Banc RESOLVED to AMEND
Sections 2 and 8 of the Revised Rules of Procedure for Small Claims Cases.

Starting April 1 2019, the limit for small money claims cases filed with metropolitan trial courts
(MeTCs) in the National Capital Region (NCR) will be P400,000 per case.

Outside NCR, the limit for a small money claim filed with the municipal trial courts in cities
(MTCCs), municipal trial courts (MTCs), and municipal circuit trial courts (MCTCs) is P300,000.
H. SHARI’A COURTS

Exclusive Original Jur isdict ion of

Shari’a District Courts

(1) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the
Code of Muslim Personal Laws;

(2) All cases involving disposition, distribution and settlement of estate of deceased Muslims,
probate of wills, issuance of letters of administration of appointment administrators or executors
regardless of the nature or aggregate value of the property;

(3) Petitions for the declaration of absence and death for the cancellation and correction of
entries in the Muslim Registries;

(4) All actions arising from the customary contracts in which the parties are Muslims, if they
have not specified which law shall govern their relations; and

(5) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus and all other
auxiliary writs and processes in aid of its appellate jurisdiction

Concurrent Jurisdiction of Shari’a District Courts

The Shari’a courts shall have original jurisdiction concurrently with existing civil courts for:

(1) Petitions of Muslim for the constitution of the family home, change of name and commitment
of an insane person to an asylum;

(2) All other personal and legal actions not mentioned in par. (d) of the immediately preceding
topic, wherein the parties involved are Muslims

*Exception: those for forcible entry and unlawful detainer, which shall fall under the exclusive jurisdiction of the MTC.

(3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims
or the property involved belongs exclusively to Muslims Appellate Jurisdict ion of Shar i ’a
District Cour ts

Exclusive Original Jurisdiction of Shari’a Circuit Courts

(1) Offenses defined and punished under PD 1083

(2) Disputes relating to:

(a) Marriage;

(b) Divorce under PD 1083;

(c) Betrothal or breach of contract to marry;

(d) Customary dowry (mahr);

(e) Disposition and distribution of property upon divorce;

(f) Maintenance and support and consolatory gifts (mut’a); and

(g) Restitution of marital rights

(3) Disputes relative to communal properties

8. Explain the concept of judicial power

Judicial Power includes the duty of the courts of justice:

(1) To set t le actual controversies involving rights, which are legally demandable and
enforceable; and

(2) To determine WON there has been grave abuse of discret ion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of Government. [Sec. 1, Art. VIII, 1987
Constitution]

9. What is a court? Distinguish a court from a judge.what are the classification of court in
the Philippines?

Court – an organ of government belonging to the judicial department, the function of which is
the application of the laws to controversies brought before it as well as the public administration
of justice. It is also the place where justice is administered.

As Distinguished from a Judge: A court is an organ of government with a personality separate

and distinct from the judge who sits on it.

Jurisdiction does not attach to the judge but to the court . The continuity of a court and the
efficacy of its proceedings are not affected by the death, resignation, or cessation from the
service of the judge presiding over it.

i. Courts of original and appellate jurisdiction

*Appellate jurisdiction refers to a process which is but a continuation of the original suit,
not a commencement of a new action.

ii. Courts of general and special jurisdiction

iii. Constitutional and Statutory Courts

iv. Courts of Law and Equity

v. Superior and Inferior Courts

vi. Courts of record and not of record

*All Philippine courts, including inferior courts, are now courts of record.

10. What are the exceptions to the coverage of the Rules of Court?

According to Rule 1, Section 4, the ROC does not apply to election cases, land registration,
cadastral, naturalization and insolvency proceedings, and other cases not herein provided for,
except by analogy or in a suppletory character and whenever practicable and convenient.

11. Can we give retroactive effect to procedural rules? Explain

Yes. The general rule that statutes are prospective and not retroactive does not ordinarily apply
to procedural laws. t has been held that "a retroactive law, in a legal sense, is one which takes
away or impairs vested rights acquired under laws, or creates a new obligation and imposes a
new duty, or attaches a new disability, in respect of transactions or considerations already past.
Hence, remedial statutes or statutes relating to remedies or modes of procedure, which do not
create new or take away vested rights, but only operate in furtherance of the remedy or
confirmation of rights already existing, do not come within the legal conception of a retroactive
law, or the general rule against the retroactive operation of statutes."

*Exceptions:

1. The statute itself expressly or by necessary implication provides that pending actions are excepted from its
operation

2. To apply it to pending proceedings would impair vested rights

3. Under appropriate circumstances, courts may deny the retroactive application of procedural laws in the event that
to do so would not be feasible or would work injustice

4. If to do so would involve intricate problems of due process or impair the independence of the courts

12. Studyxxx

13. What are the cases covered by the Rules on Summary Procedure?

1) Civil Cases
(a) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not
exceed P20,000;
(b) All other cases, except probate proceedings where the total amount of the plaintiff’s claim
does not exceed P100,000 (outside MM) or P200,000 (in MM), exclusive of interest and costs.

(2) Criminal Cases

(a) Violations of traffic law, rules and regulations;
(b) Violation of the rental law;
(c) All other criminal cases where the penalty prescribed is imprisonment not exceeding six (6)
months, or fine not exceeding P1,000, or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom, provided, that in offenses
involving damage to property through criminal negligence, RSP shall govern where the
imposable fine does not exceed P10,000.

** The RSP does not apply to a civil case where the plaintiff’s cause of action is pleaded in the same complaint with
another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the ordinary procedure.

14. What are the pleadings allowed under the RSP?

According to Section 3 (a) of the RSP, the only pleadings allowed to be filed are the complaints,
compulsory counterclaims and cross-claims' pleaded in the answer, and the answers thereto.

15. What are the prohibited pleadings under RSP?

(a) Motion to dismiss the complaint or to 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;
(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 motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.

16. What is the effect of the absence of the parties during the pre-trial?

The failure of the plaintiff to appear shall be cause for the dismissal of the action. This dismissal
shall be with prejudice except when the court orders otherwise (Sec. 5, Rule 18).
*Since the dismissal of the action shall be with prejudice, unless otherwise provided, the same shall have the effect of
an adjudication on the merits thus, final. The remedy of the plaintiff is to appeal from the order of dismissal. An order
dismissing an action with prejudice is appealable. Under the Rules, it is only when the order of dismissal is without
prejudice, that appeal cannot be availed of (Sec. 1[h], Rule 41). Since appeal is available, certiorari is not the remedy
because the application of a petition for certiorari under Rule 65 is conditioned upon the absence of appeal or any
plain, speedy and adequate remedy (Sec. 1, Rule 65).

The failure of the defendant to appear shall be cause to allow the plaintiff to present his
evidence ex parte and for the court to render judgment on the basis of the evidence presented
by the plaintiff (Sec. 5, Rule 18).

*The order of the court allowing the plaintiff to present his evidence ex parte does not dispose of the case with finality.
The order is therefore, merely interlocutory; hence, not appealable. Under Sec. 1(c) of Rule 41, no appeal may be
taken from an interlocutory order. The defendant who feels aggrieved by the order may move for the reconsideration
of the order and if the denial is tainted with grave abuse of discretion, he may file a petition for certiorari.

17. What are the cases covered by the Kataungang Pambarangay law? What are the
cases that are not required to undergo prior Barangay Conciliation and Mediation?

Except those enumerated as exceptions under Sec. 408, RA 7160, the following cases are
cognizable with the Katarungang Pambarangay:
(a) Disputes between persons actually residing in the same barangay;
(b) Those involving actual residents of different barangays within the same city or municipality;
(c) All disputes involving real property or any interest therein where the real property or the
larger portion thereof is situated;
(d) Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study, where such workplace or institution is
located.

RA 7610 (Sec. 408) enumerates cases which are exempted from the Barangay conciliation
proceedings and these are the following:

a. Where one party is the government or any subdivision or instrumentality thereof;

b. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;

c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand (Php5,000.00) Pesos;

d. Offenses where there is no offended party;

e. Where the dispute involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement by appropriate
lupon;

f. Disputes involving parties who actually reside in different barangays of different cities and
municipalities except where such barangay units adjoin each other and the parties thereto agree
to submit their differences to amicable settlement by appropriate lupon; and,

g. Such other classes of disputes which the President may determine in the interest of justice or
upon recommendation by the Secretary of Justice.
18. Explain the rules on venue under Katarungang Pambarangay Law

Rule on venue under Sec. 409, RA 7160:

(a) Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the respondents actually
resides, at the election of the complainant.
(c) All disputes involving real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.
(d) Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study, shall be brought in the barangay where
such workplace or institution is located. Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise, the same shall be deemed waived. Any
legal question which may confront the punong barangay in resolving objections to venue herein
referred to may be submitted to the Secretary of Justice, or his duly designated representative,
whose ruling thereon shall be binding (Sec. 409).

19. when may the parties execute a compromise agreement? (note: sorry di ko talaga
Makita)

The parties, may, at any stage of the arbitration proceedings, agree in writing that they shall
abide by the arbitration award of the lupon chairman or the pangkat chairman.

The amicable settlement or arbitration award may be enforced by execution by the

lupon within six (6) months from the date of the settlement. After the lapse of such time,
the settlement may be enforced by action in the appropriate city or municipal court. [Sec.
417, RA 7160]

20. Can a compromise agreement be repudiated?

Any party to the dispute may, within 10 days from the date of the settlement, repudiate the same
by filing with the lupon chairman a statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis
for the issuance of the certification for filing a complaint before the court (Sec. 418, RA 7160).

21. Explain the rules on execution of compromise agreement

1. Execution shall issue upon the expiration of ten (10)days from date of settlement or receipt of
award (Sec. 1, RuleVII, Katarungang Pambarangay Rules).
2. The amicable settlement or award may be enforced by execution by the Lupon within six (6)
months from date of the settlement or date of receipt of the award or from the date the
obligation stipulated or adjudged in the settlement becomes due and demandable. After the
lapse of such time, the settlement or award may be enforced by the appropriate local court
pursuant to the applicable provisions of the Rules of Court (Sec. 1, Rule VII, Katarungang
Pambarangay Rules; Berba vs. Pablo, 474 SCRA 686). The time line of six monthsshould be
computed from the date of settlement
3. The disputants may file a motion with the Punong Barangay, copy furnished to the other
disputants, for the execution of a final settlement or award which has not been complied with
(Sec. 3, Rule VII, Katarungang Pambarangay Rules).

22. Discuss the scope and applicability of the 2016 revised rules of procedure for small
claims cases
The Rule governs the procedure in actions for money claims before the MeTCs, MTCCs, MTCs
and MCTCs where the value of the claim does not exceed Php 400,000, exclusive of interest
and costs (note: pls double check)
This Rule is applicable in all actions which are purely civil in nature where the claim or
relief prayed for by the plaintiff is solely for payment or reimbursement of sum of
money. [Sec. 4]
These claims or demands may be;
(1) For money owned under any of the following;
(a) Contract of Lease;
(b) Contract of Loan;
(c) Contract of Services;
(d) Contract of Sale; or
(e) Contract of Mortgage;
(2) For liquidated damages arising from contracts;
(3) The enforcement of a barangay amicable settlement or an arbitration award involving a
money claim covered by this Rule pursuant to Sec. 417, LGC.

23. How do we commence a small claims action? Enumerate the pleadings allowed under
the rules for small claims cases

The plaintiff must first accomplish a verified Statement of Claim and certify the information
provided, stating that he has not filed any action involving the very same issue in any other
court, tribunal or agency through a verification and certification of non-forum shopping. The
Statement of Claim must be accompanied by certified duplicate photocopies of all supporting
documents. The plaintiff then files the Statement of Claim with its accompanying documents
with the office of the clerk of court of the small claims court, personally or through mail, and
pays the correct docket and filing fees prescribed under Rule 141 of the Revised Rules of Court.
The Rules of Civil Procedure apply suppletorily to small claims cases but only insofar as they
are not inconsistent with A.M. No. 08-8-7-SC. Thus, certain motions and pleadings normally
allowed in civil actions are prohibited in small claims cases.

The following pleadings, motions, or petitions shall not be allowed in the cases covered by this
Rule:

(a) Motion to dismiss the Statement of Claim/s;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for reopening 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 motions for postponement;

 (j) Reply and rejoinder;

(k) Third-party complaints; and

(l) Interventions.

24. Discuss the following rules on small claims cases:

a) appearances

The parties shall appear at the designated date of hearing personally. Appearance through a
representative must be for a valid cause. The representative of an individual-party must not be a
lawyer, and must be related to or next-of-kin of the individual-party. Juridical entities shall not be
represented by a lawyer in any capacity. The representative must be authorized under a Special
Power of Attorney (Form 5-SCC) to enter into an amicable settlement of the dispute and to enter
into stipulations or admissions of facts and of documentary exhibits (Sec. 16).

b. Hearing

At the hearing, the judge shall first exert efforts to bring the parties to an amicable settlement of
their dispute. If efforts at settlement fail, the hearing shall immediately proceed in an informal
and expeditious manner and be terminated within the same day.

Any settlement (Form 8-SCC) or resolution of the dispute shall be reduced into writing, signed
by the parties and submitted to the court for approval (Form 9-SCC and Form 10-SCC).

c. duty of the judge

At the beginning of the court session, the judge shall read aloud a short statement explaining
the nature, purpose and the rule of procedure of small claims cases (Sec. 20, A.M. No. 08-8-7-
SC).

d. finality of judgment

After the hearing, the court shall render its decision on the same day, based on the facts
established by the evidence (Form 13-SCC). The decision shall immediately be entered by the
Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the
parties. The decision shall be final and unappealable (Sec. 23).

e. post-judgment remedy

The rule does not preclude a party from filing a petition for certiorari under Rule 65 of the 1997
Revised Rules of Procedure when there is grave abuse of discretion amounting to lack or
excess of jurisdiction in relation to a judgment in a small claims action (such a petition is
prohibited with regard to interlocutory orders).

f. execution
When the decision is rendered, execution shall issue upon motion of the winning party.