remedial law_riano
TRANSCRIPT
-
8/14/2019 REMEDIAL LAW_RIANO
1/20
Civil Procedure (Riano) 1
I. COMPLAINTA. RIGHT AND CAUSE OF ACTIONB. JURISDICTION, VENUE AND PARTIES, PRESCRIPTION
AND CONDITIONS PRECEDENT
If a cause of action exists, determine the court that
should take cognizance of the action. Look into the
laws on jurisdiction.
REASON
- As a fundamental principle, the plaintiff is obligated tofile his complaint in the court upon which the law has
conferred jurisdiction over the subject matter of the
action.
CONSEQUENCE OF FILING THE COMPLAINT IN THE WRONG
COURT
- ground for dismissal of the complaint either upon propermotion by the adverse party or upon the courts own
discretion (motu proprio)
Determine the place where the action is to be filed.
VENUE
- Place where the action is filedVENUE OF AN ORDINARY CIVIL ACTION
- Real actiono The action shall be commenced and tried in the
place where the real property involved or a
portion thereof is situated
- Personal actiono Where the plaintiff resides, oro Where the defendant resideso In case of non-resident defendant: where he
may be found at the election of the plaintiff
POSSIBLE RESTRICTIVE STIPULATION ON VENUE
- Place stipulated as the only venueo If the parties have agreed on an exclusive venue
in writing
o prior to the filing of the action ando the agreed venue is contemplated to be
exclusive
Determine whether the plaintiff is the real party in
interest
REAL PARTY-IN-INTEREST
-
one who stand to be benefited or injured by thejudgment in the suit, or
- one entitled to the avails of the suitDetermine who are to impleaded as defendants. Comply with
the rules on parties.
REASON; IMPORTANCE
- As a rule, a suit can be commenced only against oneaverred to have violated plaintiffs rights
Determine if the action is barred by the statute oflimitations. Look into the rules on prescription of
actions.
REASON
- If the right of action has ceased or has prescribed, it isone of the well-recognized ground for dismissal of the
complaint
CONSEQUENCE
- If it appears from the pleadings or evidence on recordthat the action has prescribed, the court is mandated to
dismiss the claim
o Dismissal on the basis of prescription bars there-filing of the same action or claim
Determine if the action requires the performance of
conditions precedent
RULE
- Compliance must be alleged in the complainto General averment is sufficient
SOME CONDITIONS PRECEDENT
- Barangay conciliation- Arbitration processes- Conditions which constitute elements of the plaintiff
cause of action
o Demand
-
8/14/2019 REMEDIAL LAW_RIANO
2/20
Civil Procedure (Riano) 2
o Between family members, attempts to have thecontroversy settled and compromised by virtue
of Art.151 of the FC
o Exhaustion of administrative remedies
C.
PREPARATION OF THE COMPLAINT
CONTENTS
1. Statement only of the ultimate facts whichconstitute a partys claim or defense
- Must be alleged plainly, concisely, and directlyin a methodical and logical form
- Omit statements constituting mere evidentiaryfacts and conclusions of law
o Why? Evidentiary matters are to bepresented in the trial, and conclusions
are to be made by the court, not by aparty
2. General and Specific averments- Circumstances that must be averred generally
o Maliceo Intento Knowledge or other condition of the
mind
- Circumstances that must be averred withparticularity
o Fraudo Mistake
3. Reliefs sought- RULES
o Specify the relief sought Addition of a general prayer
allowed: Such other reliefs as
the court may deem just and
equitable
o Nature of the cause of action isprimarily determined by the allegations
in the body of the complaint and not by
the prayer
4. Date and Signature by the party or by counsel- Mandatory requirements- Effect of unsigned pleading
o Produce no legal effect- Effect of counsels signature on the pleading
o Constitutes a certificate by him that hehas read the pleading, that to the best
of his knowledge, information, and
belied, there are good grounds to
support it, and that it is not interposed
for delay
5. Address of the party or counsel-
Should not be a post-office box6. Necessity of verification
- GR: A pleading need not be verified- XPN: unless it is specifically mandated by law o
by a particular rule
o Examples All pleadings under Rules on
Summary Procedure
Petitions for certiorariprohibition and mandamus
7. Certification against forum shopping- Plaintiff certifies that
o He has not commenced any action oro filed any claim involving the same
issues in any other tribunal
- Consequenceo Ground for the dismissal of the
complaint upon motion and afte
heaing
8. Necessity of Provisional RemediesD. FILING OF THE COMPLAINTFiling of the complaint is the act of presenting the same
before the clerk of court.
Filing of the complaint enables the court to acquire
jurisdiction over the person of the plaintiff
RULES
1. The filing must be accompanied by the payment othe requisite docket and filing fees
- Why? As a rule, the court acquires jurisdictionover the case only upon the payment of
prescribed fees
- Consequence of non-paymento GR: the complaint shall be considered
not filed
o WHY? Payment of the full amount ofthe docket fee is mandatory and
jurisdiction.
-
8/14/2019 REMEDIAL LAW_RIANO
3/20
Civil Procedure (Riano) 3
o XPN: in some cases where SC relaxedthe rule
ie. When payment of the feemay be filed within a
reasonable time but not
beyond the prescriptive period Effect: If fees are not paid at
the time of filing, the court
acquires jurisdiction only upon
full payment of the fees within
reasonable time as the court
may grant, barring
prescription
2. On appeal, payment of docket fees within prescribedperiod is mandatory
- GR: Payment of docket fees is mandatory for theperfection of appeal
o Why? Court acquires jurisdiction overthe subject matter of the action upon
the payment of the correct amount of
docket fees regardless of the actual
filing case in court
- XPN: instances where rule has been applied withliberality
E. POSSIBLE PROCEEDINGS AFTER THE FILING OF THECOMPLAINT
RULES
1. Dismissal of the action by the plaintiff (dismissing hisown complaint)
- If the dismissal is to be made before the adverseparty has served an answer or a motion for
summary judgment
o Complaint may be dismissed by merefiling of a notice of dismissal
Effect: GR: dismissal without
prejudice to it being
refiled later
XPN:a. Otherwise stated
in the notice of
dismissal
b. Two dismissalrule
o When theaction had
already been
previously
dismissed
twice by theplaintiff
o Within the sole discretion of plaintiff Confirmation by the court
through an order is only a
matter of course
- If the dismissal is to be made after the service othe answer or a motion for summary judgment
o Plaintiff must file a Motion to dismisshis complaint
Grant or denial is discretionaryupon the court
Why? This type odismissal is no longe
a matter of right
Effect if granted Only the complaint is
dismissed
Counterclaim alreadypleaded prior to the
service upon the
defendant of the
motion for dismissa
is not affected by the
dismissal of the
complaint
o Defendantmay
prosecute
the
counterclaim
in the same
or separate
action
o Effect of dismissal GR: Without prejudice XPN: unless otherwise stated
in the order of the court
2. Amendment of the complaint- When as a matter of right
-
8/14/2019 REMEDIAL LAW_RIANO
4/20
Civil Procedure (Riano) 4
o If amendment is made before the otherparty has served a responsive pleading
o Can be made only onceo Remedy if court refuses to accept the
amendment
Special civil action ofmandamus
- When leave of court is necessaryo If amendment is sought after the
responsive pleading has been served
o Grounds to refuse amendment Intended for delay Would result in a drastic
change in the cause of action
or defense or change in the
theory of the case
When amendment is for thepurpose of conferring
jurisdiction and the court has
no jurisdiction over the
subject for the action
- When amendment by implicationo When issues not raised in the pleadings
are tried with the express or implied
consent of the parties
When? No objection isinterjected on the evidence
offered on a matter not raisedin the pleadings
Effect: pleadings may beamended to conform to the
evidence
Failure to amend thepleadings will not
affect the result of
the trial on said issues
II. SUMMONS; MOTION FOR BILL OFPARTICULARS; MOTION TO DISMISS
Upon filing of the complaint and the payment of the
requisite legal fees, clerk of court shall issue the
corresponding summons to the defendant.
HOW JURISDICTION ACQUIRED OVER THE PERSON OF
THE DEFENDANT
1. Voluntary appearance of the defendant2. Service of summons
SUMMONS- Coercive process which places the person, even
of the unwilling defendant, under the
jurisdiction of the court.
- Represents compliance with the rule on noticeo Essential element of due process
CONTENT OF SUMMONS
- Directing the defendant to file an answer to thecomplaint
o Otherwise judgment against him maybe rendered by default
- Copy of the summonSERVICE OF SUMMONS
GENERAL RULES
1. To the defendant in person (Personal service)2. Substituted service
- If the defendant cannot be served despiteefforts to serve him in person
- How?a. Service at the residence of the defendantb. Service at his regular place of business with
a person qualified to so receive the
summons
*As a rule, summons by publication is not a
recognized mode of service for the purpose of
acquiring jurisdiction over the person of the
defendant.
FOR CERTAIN CLASSES OF DEFENDANTS
1. Minor, or incompetenta. Service shall be made upon him personally;
and
b. Incompetent: On his legal guardian, if hehas one or upon his guardian ad litem
c. Minor: upon his father or mother2. Domestic corporation, partnership
a. Presidentb. Managing partner
-
8/14/2019 REMEDIAL LAW_RIANO
5/20
Civil Procedure (Riano) 5
c. General managerd. Corporate secretarye. Treasurerf. In-house counsel
3. Prisoner confined in jail or institutiona.
upon the prisoner through the office havingmanagement of the jail or institution
o manager is deemed deputized as aspecial sheriff for such purpose
The defendant has procedural options before filing
his answer.
MOTION FOR BILL OF PARTICULARS
- Procured by the adverse party- Submitted by the plaintiff upon the order of the
court
- To clarify alleged ambiguities in any pleading(complaint or motion)
MOTION TO DISMISS
- If from the reading of the complaint, a solidbasis exists for the immediate dismissal of the
action, the defendant instead of filing his
answer, files a motion to dismiss
- Grounds to be invoked by the other partyo Under Rules of Summary Procedureo Under Rules of Court
- Grounds to be recognized by the court motuproprio
o Lack of jurisdiction over the subjectmatter
o Litis pendenciao Res judicatao Prescription
III. ANSWER; DEFAULTIf there exists no ground for motion to dismiss or
rightfully denied, defendant must file his answer.
ANSWER
- Responsive pleading to the complaint- Contains both the negative and affirmative
defenses of the defendant
- Gives notice to the plaintiff as to whichallegations in the complaint he decides to
contest and put in issue
CONTENTS OF ANSWER
-
Specific denial of the material averments of thecomplaint
o Why? Material averments notspecifically denied are deemed
admitted
- Admission of material avermentso Answer is deemed to have failed to
tender an issue, trial is unnecessary
Plaintiff may file a motion fojudgment on the pleadings
Court may direct ajudgment based onthe pleadings already
filed
Judgment on the
pleadings
Summary
judgment
Rendered because, as
disclosed by the
pleadings, there is no
issue in the case:
- Answer failsto tender an
issue, or- Answer
admits the
material
allegations
of the
complaint
Rendered due to
absence o
genuine issue in
the case
the issue does not
concern any
material fact i.eamount o
damages
Based on the pleadings of
the parties
Based not only on
the pleadings o
the parties but
also on thei
affidavits,
depositions, o
admissions
FAILURE TO FILE AN ANSWER; CONSEQUENCE
GR:
- The defendant may be declared in default
-
8/14/2019 REMEDIAL LAW_RIANO
6/20
Civil Procedure (Riano) 6
o Defendant loses his standing in courtand the court may proceed to render
judgment granting the plaintiff the
relief as his complaint may warrant
Unless the court in itsdiscretion requires the plaintiffto submit evidence on his
claim
XPN
- Default order will not be issued in:o Actions for annulment of marriageo Action for declaration of nullity of
marriage
o Action for legal separation*the court, instead, shall order the prosecuting attorney
to investigate whether collusion exists between the parties
PROCEDURE TO DECLARE DEFENDANT IN DEFAULT
- Motion to declare defendant in defaulto Submitted by the plaintiffo Together with proof of such failure
- Courts declaration of defaulto The court is precluded from declaring
the defendant in default on its motion
RIGHTS OF DEFENDANT IN DEFAULT
- Notice of subsequent proceedings- Obtain relief from such order
RELIEF FROM ORDER OF DEFAULT
- How? File a motion under to oath to set asidethe order of default
- When? After notice, Before judgment- Why? The motion must show that his failure to
answer was due to:
o Fraud, Accident, Mistake, or Excusablenegligence, and
o He has meritorious defenseJUDGMENT RENDERED AGAINST A PARTY IN DEFAULT
- Rule: It shall not exceed or be different in kindfrom that prayed for nor award unliquidated
damages
When the defendant files his answer, it may be
coupled with a pleading in his own right.
COUNTERCLAIM
- Pleading which sets forth a claim which adefending party may have against an opposingparty.
- Always directed against an opposing partyKINDS OF COUNTERCLAIM
1. Compulsory counterclaim- Must be filed at the time defendant files his
answer
2. Permissive counterclaim- Does not have to be raised in the same
proceedings
o Why? by its nature, it could invoked asan independent action
CROSS-CLAIM
- Pleading containing the claim by one partyagainst a co-party
- When there are two or more defendants, andone defendant has a claim against his co-
defendant
- The claim must arise from the same transactionor occurrence which is the subject matter of the
complaint
THIRD-PARTY COMPLAINT
- When?: a defendant named in the complainhas a cause of action against one who is not a
party to the action
- Why?:o Contributiono Indemnityo Subrogationo Other relief in respect to plaintiffs
claim
- How?: file a third-party complaint, with leave ofcourt
INTERVENTION
- Who? A person not a party to the action- When? at any time before judgment
-
8/14/2019 REMEDIAL LAW_RIANO
7/20
Civil Procedure (Riano) 7
- Why? Believes that he has legal interest in thematter in litigation
- How? With leave of courto File a complaint-in-intervention, if he
asserts a claim against one or all of the
parties in the actiono File a answer-in-intervention, if he
unites with the defending party in
resisting a claim
Upon receipt of the answer of the defendant,
plaintiff may file his response to the answer.
REPLY
- Plaintiffs responsive pleading to the answer ofthe defendant to the complaint
- Not a compulsory pleadingo Cannot lead to declaration in defaulto Cannot result in implied admission of
the material allegations in the answer
- Purpose: to deny or allege facts in denial oravoidance of new matters alleged in the answer
IV. PRE-TRIALAfter the last pleading has been served and filed, it is
the duty of the plaintiff to promptly move ex partethat the case be set for pre-trial
PRE-TRIAL
- Mandatory- The parties, among others, shall consider the
possibility of an amicable settlement or
submission of the case to alternative modes of
dispute resolution
- Failure to appear by either party will result inadverse consequences for the absent party
During pre-trial and generally at any time before pre-
trial or trial, the parties may employ discovery procedures.
MODES OF DISCOVERY
- Devices parties may employ to obtaininformation from each other
- Modes
a. Depositionb. Interrogatories to partiesc. Request for admissiond. Production and inspection of documentse. Physical and mental examinations o
persons
V. TRIALShould there be no amicable settlement or
compromise between the parties, the case will be set for trial.
TRIAL
- Parties present their evidence on their claimsand defenses
- Not an indispensable stage of civil actionORDER OF PRESENTING EVIDENCE
1. Plaintiff presents his evidence2. Plaintiff rests his case3. Defendant presents his evidence, or move fo
dismissal of the case
a. Demurrer to evidence: if the defendantbelieves that upon the facts and the law
the plaintiff is not entitled to relief, he may
instead of presenting his own evidence
move for dismissal of the case
If demurrer is denieddefendant still has the right to
present his evidence
If demurrer is granted, but onappeal, the order of dismissa
is reversed: defendant is
deemed to have waived his
right to present evidence
VI. JUDGMENTJUDGMENT
- Rendered after the submission of the evidenceof the parties has been conducted
- Decision of the court and represents its officiadetermination of the respective rights and
obligations of the parties to the case
FORM OF JUDGMENT
-
8/14/2019 REMEDIAL LAW_RIANO
8/20
Civil Procedure (Riano) 8
- In writing- Personally and directly prepared by the judge- Stating clearly the facts and the law on which it
is based
- Signed by him-
Filed with the clerk of court
DATE OF ENTRY OF JUDGMENT
- Also the date of the finality of the judgment- Relevance:
o When the judgment is to be executedo When the litigant files a petition for
relief of judgment
VII. POST JUDGMENT REMEDIES
Judgment is not the end for the losing party. He isafforded remedies against the adverse judgment
REMEDIES AGAINST ADVERSE JUDGMENT
1. Remedies before the judgment becomes final andexecutory
a. Motion for reconsiderationb. Motion for new trialc. Appeal
2. Remedies after the judgment becomes final andexecutory
a. Petition for reliefb. Action to annul judgmentc. Certiorarid. Attack the judgment collaterally when the
nullity of the judgment is plain and evident
on its face
VIII. EXECUTION AND SATISFACTION OF JUDGMENTSWhen all the remedies available have been
exhausted and the case is finally decided, the
judgment shall be subject to execution
EXECUTION
- Remedy afforded by procedural rules for theenforcement of the judgment
- Fruit as well as the end of the actionMOTION FOR THE EXECUTION OF JUDGMENT
- When?o Judgment has become final and
executory
o Within 5 years from its entry- Who?
oPrevailing party
CHAPTER II
JURISRDICTION AND VENUE
I. JURISDICTIONA. JURISDICTION IN GENERAL
JURISDICTION
- Power and authority of the court to hear, tryand decide a case
- Authority to execute the decisions rendered bythe court
*Jurisdiction does not attach to the judge but to the court.
*Jurisdiction does not refer to the decision itself but the
authority to decide a case.
TEST OF JURISDICTION
- Whether the court has the power to enter intothe inquiry and not whether the decision is right
or wrong
DUTY OF THE COURT TO DETERMINE AND EXERCISE
JURISDCTION
- A court having jurisdiction over a case has notonly a right, the power or the authority but also
the duty to exercise that jurisdiction and to
render a decision in case properly submitted to
it.
o Remedy of aggrieved party: Mandamusproceeding
o Limitations: Doctrine of forum non
conveniens
Abuse of legal processes isinherent
-
8/14/2019 REMEDIAL LAW_RIANO
9/20
Civil Procedure (Riano) 9
- Courts are bound to take notice of the limits oftheir authority
o When the lack of jurisdiction isapparent on the face of the complaint
or petition, the court may dismiss motu
proprio
EFFECT OF LACK OF JURISDICTION
- GR: proceedings conducted or decisions madeby a court are legally void where there is
absence of jurisdiction over the subject matter
- Effecto If jurisidictional effect appears on the
face of the record: decision may be
subject of collateral attack
o Lack of jurisdiction over the subjectmatter appears on the face of therecord: appellate court may dismiss the
action on its own initiative.
ASPECTS OF JURISDICTION
1. Jurisdiction over the subject matter2. Jurisdiction over the parties3. Jurisdiction over the issues of the case4. Jurisdiction over the res or thing involved in the
litigation
B. JURISDICTION OVER THE SUBJECT MATTERSUBJECT MATTER; DEFINED
- Items with respect to which the controversy hasarisen, or concerning which the wrong has been
done, and the right, the thing, or the contract
under dispute
JURISDICTION OVER THE SUBJECT MATTER; DEFINED
- Power of a particular court to hear the type ofcase that is then before it
- Jurisdiction of the court over the class of casesto which a particular case belongs
- i.e. real actions, personal actions, actionsincapable of pecuniary estimation
JURISDICTION OVER THE SUBJECT MATTER; HOW
CONFERRED
- Conferred by lawstatute or Constitution
- Consequenceso It cannot be granted by the agreement
of the parties
o Acquired, waived, enlarged odiminished by any act or omission of
the partieso Conferred by the acquiescence of the
courts
JURISDICTION OVER THE SUBJECT MATTER; HOW
DETERMINED
- GR: Determined by the allegations in thecomplaint or initiatory pleading
o Averments in the complainto Character of the relief sought
- XPN:o In ejectment cases, where after hearing
and reception of evidence, it is found
that the real issue to be tenancy
- Defenses in the answer are deemed irrelevantand immaterial in its determination
- Jurisdiction does not depend on the amountultimately substantiated and awarded by the
court
o Does not apply in reverseJURISDICTION vs EXERCISE OF JURISDICTION
JURISDICTION EXERCISE OF JURISDICTION
Power or authority of the
court
Exercise of the power o
authority
ERROR OF JURISDICTION vs ERROR OF JUDGMENT
ERROR OF JURISDICTION ERROR OF JUDGMENT
One where the act
complained of was issued by
the court without or in
excess of jurisdiction
Presupposes that the court is
vested with jurisdiction ove
the subject matter of the
action but in the process o
exercising that jurisdiction it
committed mistakes in the
appreciation of the facts and
the evidence leading to an
erroneous judgment
Includes errors procedure, o
mistakes in the courts
findings
Proceedings and judgment is Not a void judgment
-
8/14/2019 REMEDIAL LAW_RIANO
10/20
Civil Procedure (Riano) 10
an absolute nullity
GR: judgment may be struck
down at any time, even on
appeal.
XPN: when the party raising
the issue is barred by
estoppel
Judgment cannot be
collaterally attacked or
impeached.
GR: binding on the parties
XPN: reversed or annulled in
a direct proceedingCorrectible only by way of
extraordinary writ of
certiorari
Correctible by appeal
LACK OF JURISDICTION vs EXCESS OF JURISDICTION
LACK OF JURISDICTION EXCESS OF JURISDICTION
When the court or tribunal is
not vested by law with
authority or power to take
cognizance of a case
Presupposes the existence of
an authority for the court to
assume jurisdiction over a
case but in the process of the
exercise of that authority, itacts beyond the power
conferred upon it.
CAUSE OF ACTION; DEFINITION
- Act or omission by which a party violates a rightof another (Sec.2, Rule 2, ROC)
- Not what the designation of the complaintstates, but what the allegations in the body of
the complaint define and describe
DOCTRINE OF ADHERENCE OF JURISDICTION (CONTINUITY OFJURISDICTION)
- Once jurisdiction has attached, it cannot beousted by subsequent happenings or events
- The court, once jurisdiction has been acquired,retains that jurisdiction until it finally disposes of
the case
- Even after the judgment has become final, thecourt retains jurisdiction to enforce and execute
it
- Also applies to criminal casesLAW WHICH GOVERNS JURISDICTION
- GR: statute in force at the time of thecommencement of the action determines the
jurisdiction of the court
- XPN: in criminal caseso There is an express provision in the
statute
o The statute is clearly intended to applyto actions pending before its
enactment
OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER
-
How?a. Court motu proprio (S1, R9)
o When it is apparent on the pleadings oevidence on record
o Courts authority is to dismiss thecomplaint and not to make any othe
order i.e. refer or forward the case to
another court with proper jurisdiction
b. Motion to dismisso Earliest opportunity of a party to raise
the issue of lack of jurisdiction
o Filed before the filing or service of ananswer (S1(b), R16)
c. Affirmative defenseo If no motion to dismiss is filed, lack of
jurisdiction over the subject matte
may be raised in the answer
- When?o GR: May be raised at any stage of the
proceedings even for the first time on
appeal
o XPN: estoppel Partys active participation in
all stages of a case
Including invoking theauthority of the court in
seeking affirmative relief
Questioning the courtsjurisdiction only after receiving
a ruling or decision adverse to
his case (Tijam v Sibonghanoy)
*Exception by estoppel also applies in administrative
proceedings
OMNIBUS MOTION RULE
- A motion attacking a pleading, order, judgmentor proceeding shall include all objections then
available, and all objections not so included shal
be deemed waived (S8, R15)
- Covers motion to dismiss
-
8/14/2019 REMEDIAL LAW_RIANO
11/20
Civil Procedure (Riano) 11
- GR: Defenses not raised are considered waived- XPNS: (S1, R9)
a. Lack of jurisdictionb. Litis pendentiac. Res Judicatad.
Prescription
C. JURISDICTION OVER THE PARTIESJURISDICTION OVER THE PERSON; DEFINED
- Legal power of the court to render a personaljudgment against a party to an action or
proceeding
JURISDICTION IN PERSONAM; DEFINED
- Power which a court has over the defendantsperson
- Required before a court can enter a personal oran in personamjudgment
o Decision in personam imposes aresponsibility or responsibility or
liability upon a person directly, and
binds him personally
JURISDICTION OVER THE PERSON; HOW ACQUIRED
1. Plaintiffa. Filing of the complaint or petition
2. Defendanta. Civil cases: voluntary appearance in court
and his submission to its authority
GR: Appearance to that seeksaffirmative relief
XPN: when the relief sought isfor the purpose of objecting to
the jurisdiction of the court
over the person of the
defendant
Examples Defendant files the
corresponding
pleadings
Defendant filesmotion for
reconsideration of
the judgment by
default
Defendant files apetition to set aside
the judgment o
default Parties jointly submit
a compromise
agreement fo
approval of the court
b. Service of summonsJURISDICTION OVER THE PERSON; WHEN REQUIRED
- GR: only in an action in personamo Why? Jurisdiction over the person of
the defendant is not required in an
action in remand quasi in rem
ACTION IN
PERSONAM
ACTION IN REM ACTION QUASI IN
REM
An action against
a person on the
basis of his
personal liability
An action against
the thing itself. It
is directed against
the thing itself
i.e.
Petition for
adoption
Annulment ofmarriage
Correction of
entries in birth
certificate
Forfeiture
proceedings
One wherein an
individual is
named as
defendant and the
purpose of the
proceeding is to
subject his
interest therein tothe obligation o
lien burdening the
property
Directed against
specific persons
and seek personal
judgments
Directed against the thing or property
or status and seek judgments with
respect thereto as against the whole
world
Jurisdiction over
the person of the
defendant is
necessary
Jurisdiction over the person is not
required provided the court acquires
jurisdiction over the res
Summons must be served upon the
defendant to satisfy requirements o
due process
OBJECTIONS TO JURISDICTION OVER THE PERSON OF
DEFENDANT
1. Ground for motion to dismiss
-
8/14/2019 REMEDIAL LAW_RIANO
12/20
Civil Procedure (Riano) 12
- Defense of lack of jurisdiction over the person ofthe defendant must be pleaded in the same
motion where such ground is available at the
time the motion is filed
o Why? Omnibus Motion Rule. It is notone of those defenses which are notdeemed waived under S1, R9.
2. Pleaded as an affirmative defense in the answer*If the objection is not raised, it is deemed waived. Why? S1,
R9
*The rule allows the raising of defenses in addition to lack of
jurisdiction over the person of the defendant without creating
an inference of a voluntary submission to the jurisdiction of
the court (S20, R14)(La Naval v CA)
D. JURISDICTION OVER THE ISSUESISSUE; DEFINED
- Disputed point or question to which parties toan action have narrowed down their several
allegations and upon which they are desirous of
obtaining a decision
- Arises because a material allegation of aclaiming party is specifically denied by the
defending party
JURISIDICTION OVER THE ISSUES; DEFINED
- Power of the court to try and decide issuesraised in the pleadings of the parties
JURISDICTION OVER THE ISSUES; HOW CONFERRED AND
DETERMINED
1. By the pleadings of the parties2. By stipulation of the parties
- in the pre-trial, the parties enter intostipulations of facts and documents or enter
into an agreement simplifying the issues (S2,
R18)
3. By waiver or failure to object to the presentation ofevidence on a matter not raised in the pleadings
- Parties try with their express or implied consentissues not raised in the pleadings. It shall be
treated in all respects as If they had been raised
in the pleadings (S5, R10)
o Upon motion of any party, thepleadings may be amended to conform
to the evidence
But failure to amend does notaffect the result of the trial o
the issues Why? The pleadings
are deemed impliedly
amended to embody
the issues tried with
the consent of the
parties
JURISDICTION OVER THE ISSUE vs. JURISDICTION OVER THE
SUBJECT MATTER
JURISDICTION OVER THE
ISSUE
JURISDICTION OVER THE
SUBJECT MATTER
Conferred, as a rule, by the
pleadings, consent either of
the parties
Conferred by law
QUESTION OF LAW vs. QUESTION OF FACT
The issue in a case may either one of law or of fact.
QUESTION OF LAW QUESTION OF FACT
When the doubt arises as to
what the law is on a certain
set of facts
When the doubt o
difference arises as to the
truth or falsehood of the
alleged facts
Does not involve an
examination of the probative
value of the evidence
presented by the litigants or
any of them. Resolution of
the issue rests solely on what
the law provides on the given
set of circumstances
E. JURISDICTION OVER THE RES (PROPERTY INLITIGATION)
RES, DEFINED
- A thing, an object- Everything that may form an object of rights
-
8/14/2019 REMEDIAL LAW_RIANO
13/20
Civil Procedure (Riano) 13
- Includes an object, subject-matter, or statusJURISDICTION OVER THE RES, DEFINED
- Courts jurisdiction over the ting or the propertywhich is the subject of the action
-
Necessary when the type of action iso Action in remo Action quasi in rem
JURISDICTION OVER THE RES; HOW ACQUIRED
1. By placing the property or the thing under thecustody of the court (custodial legis)
2. By constructive seizurea. Attachment of propertyb. Publication and service of notice (in land
registration cases)
3. By statutory authority conferring upon the court thepower to deal with the property or thing within its
territorial jurisdiction
a. Suits involving the status of the partiesb. Suits involving property in the Philippines of
non-resident defendants
EXTENT OF RELIEF WHEN JURISDICTION IS ONLY OVER THE
RES
- Any relief granted in rem or in quasi in remactions must be confined to the res
- The court cannot validly render a judgmentagainst the defendant
-
8/14/2019 REMEDIAL LAW_RIANO
14/20
Civil Procedure (Riano) 14
F. JURISDICTION OF THE SUPREME COURTExclusive original jurisdiction Concurrent Original Jurisdiction Appellate Jurisdiction
Petitions for certiorari,
prohibition and mandamus
against
1. CA2. COMELEC3. COA4. Sandiganbayan5. CTA
With the CA
Petitions for certiorari, prohibition
and mandamusagainst
1. RTC2. CSC3. CBAA4. NLRC5. Other quasi-judicial
agencies
By way of Petition for review on certiorari (appeal
by certiorari under Rule 45)against
1. CA2. Sandiganbayan3. RTC
a. on pure questions of lawb. involving the constitutionality or
validity of a law or treaty,
international or executive
agreement, law, PDs,
Proclamation order, instruction,
ordiance or regulation, legality of
tax, impost, assessment, toll, or
penalty, jurisdiction of lower
courtrs
4. CTA enbanc (R.A. 9282)With the CA and RTC1. Petitions for certiorari,
prohibition and mandamus
against lower courts and bodies
2. Petitions for quo warranto3. Petitions for habeas corpus4. Petition for writ of amparo5. Petitionfor habeas dataWith the RTC
1. In cases affecting ambassadors,public ministers and consuls
CASES TO BE HEARD EN BANC
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec.4(2), Art.VII)2. All cases which under the ROC are required to be heard en banc (Sec.4(2), Art.VII)3. All cases involving the constitutionality, application, or operation of PDs, Proclamation orders, instructions, ordinances and
other regulations (Sec.4(2), Art.VII)
4. Cases heard by a division when the required number in the division is not obtained(Sec.4(3), Art.VII)5. Cases involving a modification or reversal of a doctrine or principle of law laid down previously by the SC in a decision
rendered en bancor by a division (Sec.4(2), Art.VII)6. Cases involving the discipline of judges of lower courts (Sec.11, Art.VIII)7. Contests relating to election, returns, and qualifications of the President or Vice president (Sec.4, Art.VII)
PROCEDURE WHEN THE SC EN BANC IS EQUALLY DIVIDED OR NO MAJORITY
- Case shall be again deliberated onstill no decision is reached original action shall be dismissedappealed cases, judgment appealed shall stand
incidental cases, petition or motion shall be denied
-
8/14/2019 REMEDIAL LAW_RIANO
15/20
Civil Procedure (Riano) 15
PRINCIPLES IN RELATION TO JURISDICTION OF SUPREME
COURT
- GR: The SC is not a trier of factso Passing upon a factual issue is not
within the province of the SC
oFindings of fact of the CA are notgenerally reviewable by the SC
o Factual findings of the trial court, whenaffirmed by the CA are generally
binding upon the SC
- XPNSa. When the findings are grounded entirely on
speculation, surmises or conjectures
b. When the inference made is manifestlymistaken, absurd or impossible
c. When there is grave abuse of discretiond. When the judgment is based on
misapprehension of facts
e. When the findings are conflictingf. When in making its findings, the CA went
beyond the issues of the case, or its findings
are contrary to the admissions of both the
appellant and the appellee
g. When the findings are contrary to the trialcourt
h. When the findings are conclusions withoutcitation of specific evidence on which they
are basedi. When the facts set forth in the petition, as
well as in the petitioners main and reply
briefs, are not disputed by the respondent
j. When the findings of fact are premised onthe supposed absence of evidence and
contradicted by the evidence on record
k. When the CA manifestly overlooked certainrelevant facts not disputed by the parties,
which, if properly considered could justify a
different conclusion
-
8/14/2019 REMEDIAL LAW_RIANO
16/20
Civil Procedure (Riano) 16
G. JURISDICTION OF THE COURT OF APPEALS
Exclusive original jurisdiction Concurrent Original Jurisdiction Exclusive Appellate Jurisdiction
Actions for annulment of the
judgments of the RTC
With the SC
Petitions for certiorari, prohibition
and mandamusagainst
1. RTC2. CSC3. CBAA4. NLRC5. Other quasi-judicial
agencies
By way of ordinary appeal from
1. RTC2. Family courts
With the SC and RTC
1. Petitions for certiorari,prohibition and mandamus
against lower courts and bodies
2. Petitions for quo warranto3. Petitions for habeas corpus4. Petition for writ of amparo5. Petitionfor habeas data
By way of Petition for Review from RTC rendered in
the RTC in the exercise of its appellate jurisdiction
By way of Petition for Review from the decisions,
resolutions, orders or awards of
1. CSC2. Other bodies mentioned in Rule 433. Decisions of the Office of the Ombudsman
in administrative disciplinary cases
Over decisions of MTC in cadastral or land
registration cases pursuant to its delegated
jurisdiction
*The Court of Appeals may sit en banc only for the purpose of exercising administrative, ceremonial or other non-adjudicatory
functions
*Even if the CA is not basically a trial court, it has the power to try cases, conduct hearings, receive evidence, and perform any all acts
necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant
and conduct new trials or further proceedings.
-
8/14/2019 REMEDIAL LAW_RIANO
17/20
Civil Procedure (Riano) 17
-
8/14/2019 REMEDIAL LAW_RIANO
18/20
Civil Procedure (Riano) 18
-
8/14/2019 REMEDIAL LAW_RIANO
19/20
Civil Procedure (Riano) 19
Jgggjgjg
-
8/14/2019 REMEDIAL LAW_RIANO
20/20
Civil Procedure (Riano) 20
nbbmbhkkkkkk