REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)

MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002

JURISDICTION OF THE COURTS

JURISDICTION OF THE SUPREME COURT

1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers

and consuls; petitions for certiorari, prohibition, mandamus, quo warranto and
habeas corpus (concurrent with RTC).

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final

judgments of lower courts in:
Cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, decree, proclamation, order, instruction, ordinance or
regulation is in question;

Cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed thereto;

Cases involving the jurisdiction of lower courts;

All criminal cases in which the penalty imposed is reclusion perpetua or higher;

All cases in which only an error or question of law is involved.

JURISDICTION OF THE COURT OF APPEALS

1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction (concurrent with SC and RTCs)

2. EXCLUSIVE original jurisdiction over actions for annulment of judgments of RTCs.

3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions,

orders or awards of RTCs and quasi-judicial agencies, bodies, or commissions,

EXCEPT those which fall within the appellate jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.

JURISDICTION OF THE REGIONAL TRIAL COURTS

I. EXCLUSIVE ORIGINAL

A. CIVIL CASES

Cases where the subject of the litigation is incapable of pecuniary

estimation;

Involving the title to, or possession of, real property, or any interest
therein, where the assessed value of the property involved exceeds P20,000/
P50,000, EXCEPT actions for forcible entry and unlawful detainer;

All actions in admiralty and maritime jurisdiction where the demand or

claim exceeds P200,000/P400,000;

Probate proceedings, both testate and intestate, where the gross value of
the estate P200,000/P400,000;

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In all actions involving the contract of marriage and marital relations;

In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction;

In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the Court
of Agrarian Relations as now provided by law; and

In all other cases in which the demand, exclusive of interest, damages of

whatever kind, attorney's fees, litigation expenses, and costs or the value of the
property in controversy exceeds P200,000/P400,000;

B. CRIMINAL CASES

All criminal cases not within the exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan.

N.B. RTC has jurisdiction over criminal cases where the penalty imposable:

Exceeds 4 years 2 mos 1 day imprisonment, irrespective of fine

Exceeds fine of P4000, if only a fine is imposable

 Manzano vs. Valera

Libel is punishable by prision correcional in its minimum and medium
periods. R.A. 7691 places jurisdiction over criminal cases where the penalty
is 6 years or less with the MTCs. However, Art. 360 of the RPC gives
jurisdiction over libel cases to the RTC. Special law (RPC) must prevail over
general laws (RA 7691). Also, from the provisions of R.A. 7691, there is no
manifest intent to repeal or alter the jurisdiction in libel cases.

II. ORIGINAL

1. Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas

corpus and injunction which may be enforced in any part of their respective
regions (concurrent with SC and CA).

2. In actions affecting ambassadors and other public ministers and consuls

(concurrent with SC).

3. Over offenses committed NOT in relation with public office with imprisonment
exceeding 6 years committed by public officers classified as salary grade 27 or
higher

4. Over election contests for municipal offices.

III. APPELLATE

All cases decided by the lower courts (MTCs) in their respective territorial
jurisdictions.

NOTE: no trial de novo; case is decided on the basis of decision and supporting
affidavits.

JURISDICTION OF THE FAMILY COURTS (R.A. 8369)

Family Courts shall have exclusive original jurisdiction to hear and decide the
following cases:

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MEMORY AID
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Criminal cases where:

One or more of the accused is below eighteen (18) years of age but not less than
nine (9) years of age, OR

One or more of the victims is a minor at the time of the commission of the
offense.

Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred. The sentence,
however, shall be suspended without need of application pursuant to the "Child and
Youth Welfare Code";

Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

Petitions for adoption of children and the revocation thereof;

Complaints [for]:
Annulment of marriage
Declaration of nullity of marriage
Those relating to marital 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;

Petitions for support and/or acknowledgment;

Summary judicial proceedings brought under the provisions of the "Family Code of
the Philippines";

Petitions for:
Declaration of status of children as
Abandoned
Dependent OR
Neglected children
Voluntary or involuntary commitment of children;
The suspension, termination, or restoration of parental authority and other cases
cognizable under "Child and Youth Welfare Code", Executive Order No. 56,
(Series of 1986), and other related laws;

Petitions for the constitution of the family home;

Cases against minors cognizable under the Dangerous Drugs Act, as amended;
Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and

Cases of domestic violence against:

Women
 Acts of gender based violence that results, or are likely to result in physical,
sexual or psychological harm or suffering to women; and other forms of
physical abuse such as battering or threats and coercion which violate a
woman's personhood, integrity and freedom of movement; AND

Children
 Includes the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their
development.

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If an act constitutes a criminal offense, the accused shall be subject to criminal

proceedings and the corresponding penalties.

If any question involving any of the above matters should arise as an incident in any
case pending in the regular courts, said incident shall be determined in that court.

Decisions and orders of the court shall be appealed in the same manner and subject to
the same conditions as appeals from the ordinary Regional Trial Courts.

JURISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND

THE MUNICIPAL CIRCUIT TRIAL COURTS

A. EXCLUSIVE ORIGINAL

1. CIVIL CASES

Civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies where the demand, exclusive of interest,
damages, attorney’s fees and costs, does not exceed P100,000/200,000.

Exclusive original jurisdiction over cases of forcible entry and unlawful

detainer; issue of ownership resolved only to determine issue of
possession.

 After lapse of 1 year, MTC loses jurisdiction, and case becomes one for
recovery of possession de jure (accion publicicana), although MTC may still
have jurisdiction if value of property does not exceed P20,000/50,000.

Actions involving personal property valued at not more than

P100,000/200,000.

Actions involving title or possession of real property where the assessed

value does not exceed P20,000/50,000.

2. CRIMINAL CASES
5.
6. Violations of city or municipal ordinances.
7.
8. All offenses punishable with not more than 4 years 2 mos 1 day imprisonment,
irrespective of fine.
9.
10. All offenses punishable by only a fine of not more than P4,000.
11.
12. Offenses involving damage to property through criminal negligence.

3. ELECTION CASES

Offense of failure to register or failure to vote.

Election contests for barangay offices.

B. DELEGATED JURISDICTION in cadastral and land registration cases covering:

1. Lots where there is no controversy or opposition; OR

2. Contested lots the value of which does not exceed P100,000.

 decisions of the MTC in these cases are appealable to the CA

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MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002

SUMMARY PROCEDURE

CASES APPLICABLE

A. CIVIL CASES

All cases of forcible entry and unlawful detainer irrespective of amount of

damages or unpaid rentals; without question of ownership; attorney’s fees not
exceeding P20,000 if quieting of ownership; resolved to determine question
of possession.

Other civil cases EXCEPT probate proceedings, where the total amount of
the claim does not exceed P10,000, exclusive of interest and cost.

B. CRIMINAL CASES
13.
14. Violation of traffic laws, rules, regulations
15.
16. Violation of rental laws
17.
18. Violations of city or municipality ordinances
19.
20. All other criminal cases where the penalty does not exceed 6 months or a fine
of P1000 or both, irrespective of other imposable penalties or of the amount
of civil liability
21.
22. Damage to property through criminal negligence where the fine does not
exceed P10,000.

PROHIBITED PLEADINGS AND MOTIONS

Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter or

failure to comply with Katarungang Pambarangay (LGC) requirements

Motion for bill of particulars

Motions for new trial, reconsideration, re-opening

Petition for relief from judgment

Motion for extension of time to file pleadings, affidavits

Memoranda

Petition for certiorari, mandamus, and prohibition against any interlocutory order
issued by the court

Motion to declare defendant in default

Dilatory motion for postponement

Reply

Third-party complaints

Motion for intervention

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MEMORY AID
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JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)

EXCLUSIVE jurisdiction over

23.
24. Unsound real estate business practices
25.
26. Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, dealer, broker, or
salesman
27.
28. Cases involving specific performance of contractual and statutory obligations
filed by buyers of subdivision lots or condominium units against the owner,
developer, dealer, broker, or salesman

JURISDICTION OF THE KATARUNGANG PAMBARANGAY (UNDER THE LOCAL

GOVERNMENT CODE OF 1991)

1. No complaint, petition, action or proceeding involving any matter within the authority
of the lupon shall be filed or instituted directly in court or any other government office
for adjudication, unless:

There has been a confrontation between the parties before the lupon chairman or
pangkat, AND

That no conciliation or settlement has been reached as certified by the

lupon/pangkat secretary as attested to by lupon chairman or pangkat chairman,
or unless such settlement has been repudiated by the parties thereto

2. Disputes subject to Conciliation Requirement: All disputes between parties actually

residing in the same city or municipality

 HOWEVER, the court in which non-criminal cases not falling within the authority
of the Lupon may, at any time before trial, refer the case to the lupon for
amicable settlement.

3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93)

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

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

Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable
settlement by an appropriate Lupon;

Any complaint by or against corporations, partnerships or juridical entities, since

only individuals shall be parties to Barangay conciliation proceedings either as
complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);

Disputes involving parties who actually reside in barangays of different cities or

municipalities, EXCEPT:
29.
30. Where such barangay units adjoin each other, AND
31.
32. The parties thereto agree to submit their differences to amicable settlement by an
appropriate Lupon;

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Offenses for which the law prescribes a maximum penalty of imprisonment

exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
Offenses where there is no private offended party;

Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
33.
34. Criminal cases where accused is under police custody or detention;
35.
36. Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of his liberty or one acting
in his behalf;
37.
38. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action; AND
39.
40. Actions which may be barred by the Statute of Limitations.

Any class of disputes which the President may determine in the interest of justice
or upon the recommendation of the Secretary of Justice;

Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
(Sections. 46 & 47, R.A. 6657);

Labor disputes or controversies arising from employer-employee relations

(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which
grants original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and Employment);

Actions to annul judgment upon a compromise, which may be filed directly in

court.

41. VENUE OF PROCEEDINGS:

Situation Venue
Parties reside in same barangay That barangay
Parties reside in different barangays Barangay where respondent, or any of the
respondents, actually resides, at the option
of the complainant
Disputes involving real property or interest Barangay where property is situated
therein
Disputes arising at the workplace where Barangay where such workplace or
the contending parties are employed, or at institution is located
the institution where such parties are
enrolled for study

 Objections to venue shall be raised in the mediation proceedings before the

punong barangay; otherwise, they are deemed waived. Legal questions that
might arise in resolving such objections before the punong barangay are to be
submitted to the Secretary of the DOJ, whose ruling shall be binding.

5. EFFECT OF NON-COMPLIANCE:

Dismissal upon motion of defendants for failure to state cause of action or

prematurity; OR

Suspension of proceedings upon petition and referral of case motu

proprio to appropriate barangay authority.

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6. PROCEDURE FOR AMICABLE SETTLEMENT:

Complainant pays appropriate filing fees, and shall complain, orally or in writing,
to the lupon chairman of the barangay;

Lupon chairman shall make attempts at mediation; if he fails within 15 days from
date of first meeting, he shall set a date for the constitution of a pangkat ng
tagapagsundo (3 members; chosen by the parties from the list of the members of
the lupon)

Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. Within 15 days
from the day it convenes, it shall arrive at said settlement or resolution of the
dispute.

 During the 15-day period when the dispute is under mediation, the prescriptive
periods for offenses, and for causes of action shall be interrupted upon filing of
the complaint with the punong barangay. Said interruption shall not exceed 60
days from said filing.

 In all proceedings, parties must appear in person without the assistance of

counsel or representatives, EXCEPT for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.

7. Amicable settlement shall have the force and effect of a final judgment upon the
expiration of 10 days from date of amicable settlement, unless:

a. It is repudiated, or

Repudiation must be done within 10 days, by filing a sworn statement with

the lupon chairman;

The grounds for repudiation are vitiation of consent by fraud, violence or

intimidation;

Such repudiation is a sufficient basis for the issuance of a certification for

filing a complaint with the court.

b. A petition to nullify the settlement is filed in the proper city or municipal court

 The settlement agreed upon does not have the force and effect of a final
judgment when the dispute is not within jurisdiction of the lupon but submitted
to it. In this case, the compromise agreed upon by the parties before the
lupon/pangkat chair shall be submitted to the court and upon approval
thereof, shall have the force and effect of a judgment of said court.

8. EXECUTION OF AMICABLE SETTLEMENT:

a. Within 6 months from date of settlement: by the lupon.

b. Thereafter, by action in the appropriate city of municipal court

9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be

issued only upon complying with the following requirements:

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Issued by lupon secretary and attested by lupon chairman/ punong barangay,

that confrontation took place and conciliation settlement was reached, but subsequently
repudiated.

Issued by pangkat secretary and attested by pangkat chairman, that:

There was a confrontation but no settlement; OR

There was no personal confrontation without any fault on the part of the
complainant.

Issued by the Punong Barangay, as requested by the proper party, on the ground
of failure of settlement, where the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance with the customs and traditions
of that particular cultural community, or where one or more of the parties to the aforesaid
dispute belong to the minority and the parties mutually agreed to submit their dispute to
the indigenous system of amicable settlement, and there has been no settlement as
certified by the datu or tribal leader or elder, to the Punong Barangay of the place of
settlement.

 If mediation or conciliation proved unsuccessful before punong barangay there

having been no agreement reached to conciliate, OR respondent failed to appear
before punong barangay, Punong Barangay shall not issue the certification
(because now mandatory for him to constitute the Pangkat before whom
mediation, conciliation, or arbitration proceedings shall be held.)

JURISDICTION OF THE SANDIGANBAYAN

A. ORIGINAL

Violations of:
“Anti-Graft and Corrupt Practices Act”;

R.A. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any Property
Found to Have Been Unlawfully Acquired By Any Public Officer or Employee
and Providing for the Proceedings Therefor”); or

Title VII, Chapter II, § 2 of the RPC (i.e., Articles 210-212 of RPC)

 Where one or more of the accused are officials occupying the following
positions in the government, whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
42.
43. Officials of executive branch occupying positions classified as Grade 27
or higher, specifically including:
44.
45. Provincial governors, vice-governors, members of the
sangguniang panlalawigan and provincial treasurers, assessors,
engineers and other provincial department heads;
46.
47. City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors, engineers and other city
department heads;
48.
49. Officials of the diplomatic service occupying the position of consul
and higher;
50.
51. Philippine army and air force colonels, naval captains, and all
officers of higher rank;

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52.
53. Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
54. City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;
55.
56. Presidents, directors or trustees, or managers of government-
owned or controlled corporations, state universities or
educational institutions or foundations;
57.
58. Members of Congress and officials thereof classified as Grade 27 or
higher
59.
60. Members of the Judiciary, without prejudice to the provisions of the
Constitution (on impeachment)
61.
62. Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution
63.
64. All other national and local officials classified as Grade 27 or higher; or
Other offenses or felonies, committed by public officials and employees
mentioned in #1, in relation to their office, whether simple or complexed with other
crimes
Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A series of 1986.

Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunctions and other ancillary writs and processes in aid of its appellate
jurisdiction: provided, that the jurisdiction over these petitions shall not be exclusive of
the Supreme Court and over petitions of similar nature, including quo warranto, arising
or that may arise in cases failed or which may be filed under Executive Order Nos. 1, 2,
14 and 14-A (concurrent with SC)

 If the last element, namely, “in relation to his office” is absent or is not alleged in
the information, the crime committed falls within the exclusive original jurisdiction
of ordinary courts and not the SB.

 The offense is committed in relation to the office if the offense is intimately

connected with the office of the offender and perpetuated while he was in the
performance of his official functions, or when the crime cannot exist without the
office, or the office is a constituent element of the crime as defined in the statute.

B. EXCLUSIVE APPELLATE

If none of the principal accused are occupying positions of grade 27 or higher,

original jurisdiction will be with either the MTC or RTC; SB will exercise exclusive
appellate jurisdiction on said cases.

 The procedure prescribed in BP Blg. 129, as well as the implementing rules that
the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall apply to appeals and
petitions for review filed with the Sandiganbayan.

C. NOTES:
Private individuals charged as co-principals, accomplices or accessories with the
public officers or employees, including those employed in GOCCs, shall be tried

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jointly with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.

Any provisions of law or Rules of Court to the contrary notwithstanding, the

criminal action and the corresponding civil action for the recovery of civil liability
arising from the offense charged shall at all times be simultaneously instituted
with, and jointly determined in, the same proceeding by the Sandiganbayan or
the appropriate court, and no right to reserve the filing of such civil action
separately from the criminal action shall be recognized.

Decisions of the Sandiganbayan:

a. Appealable to the SC by petition for review on certiorari raising pure

questions of law in accordance with Rule 45 of the Rules of Court;

b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be

appealable to the SC by Notice of Appeal;

c. If penalty imposed is death, review by the Supreme Court shall be automatic,

whether or not the accused filed an appeal.

JURISDICTION OF THE COURT OF TAX APPEALS

EXCLUSIVE APPELLATE JURISDICTION over:

Decisions of the Collector of Internal Revenue in cases involving disputed

assessments, refunds of taxes, fees or other charges, penalties imposed in relation
thereto, or other matters arising under the NIRC;

Decisions of the Commissioner of Customs in cases involving liability for customs

duties, fees or other money charges; seizure, detention or release of property
affected; fines, forfeitures, or other matters arising penalties imposed in relation
thereto; and other matters arising under the Customs Law; and

Decisions of provincial or city Boards of Assessment Appeals in cases involving the

assessment and taxation of real property or other matters arising under the
Assessment Law.

 Jao v. CA (reiterated in Bureau of Customs v. Ogario, March 2000)

RTCs are devoid of any competence to pass upon the validity or regularity of seizure
and forfeiture proceedings conducted by the Bureau of Customs and to enjoin or
otherwise interfere with these proceedings. The Collector of Customs sitting in seizure
and forfeiture proceedings has exclusive jurisdiction to hear and determine all questions
touching on the seizure and forfeiture of dutiable goods. The Regional Trial Courts are
precluded from assuming cognizance over such matters even through petitions of
certiorari, prohibition or mandamus. The proper remedy is to appeal to the
Commissioner of Customs and thereafter to the Court of Tax Appeals.

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REMEDIAL LAW DEFINITIONS/CONCEPTS

JURISDICTION AND VENUE DIFFERENTIATED

JURISDICTION VENUE
Authority to hear and determine a case Court/place where the case is to be tried
and heard
A matter of substantive law A matter of procedural law
Fixed by law and cannot be conferred by May be conferred by the act or agreement
the parties of the parties
Establishes a relation between the court Establishes a relation between plaintiff and
and subject matter defendant, or petitioner and respondent

CLASSIFICATIONS OF JURISDICTION

1. General vs. Specific/Limited:

General - power to adjudicate all controversies EXCEPT those expressly withheld from
the plenary powers of the court

Specific/Limited - restricted to particular cases and subject to such limitations as may

be provided by the governing law

2. Original vs. Appellate

Original – power of the court to take judicial cognizance of a case instituted for
judicial action for the first time

Appellate – authority of a court higher in rank to reexamine the final order or judgment
of a lower court which tried the case now elevated for judicial review

3. Exclusive vs. Concurrent

Exclusive – power to adjudicate a case or proceeding to the exclusion of all other courts
at that stage

Concurrent – also known as confluent or coordinate jurisdiction; power conferred upon

different courts, whether of the same or different ranks, to take cognizance
at the same state of the same case
NOTE:
General Rule: Jurisdiction, once acquired, continues until the case is finally terminated.
Exceptions:
When a subsequent law provides a prohibition for the continued exercise of
jurisdiction;

Where the law penalizing an act as punishable is repealed by a subsequent law;

When the accused is deprived of his constitutional rights 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;

Where the statute expressly provides, or is construed to the effect that it intended
to operate as to actions pending before its enactment;

When the proceedings in the court acquiring jurisdiction is terminated,

abandoned or declared void;

Once appeal has been perfected.

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CLASSIFICATION OF ACTIONS

1. Real, personal and mixed

Real – brought for the protection of real rights, land, tenements, or one founded on
privity of estate only

Personal – not founded upon the privity of real rights or real property

Mixed – brought for protection or recovery of real property and also for an award for
damages sustained

2. In rem, in personam, and quasi in rem

In rem – directed against the thing itself; object is to bar indifferently all who might be
minded to make objection against the right sought to be enforced; hence,
judgment is binding upon the whole world (e.g., land registration; special
proceedings)

In personam – directed against particular persons on the basis of their personal liability
to establish a claim against them; judgment is binding only upon the
parties impleaded and their successors in interest (e.g., action for breach
of contract)

Quasi in rem – directed against particular persons, but the purpose of which is to bar
and bind not only said persons but any other person who claims any
interest in the property or right subject of the suit (e.g. action for judicial
foreclosure of mortgage)

3. Transitory vs. local

Transitory – one the venue of which depends generally upon the residence of the
parties, regardless of where the cause of action arose (e.g., personal
actions)

Local – one required by the Rules to be instituted in a particular place in the absence of
an agreement to the contrary (e.g., real actions)

KINDS OF PARTIES

1. Real party in interest – person having an interest in the subject of the action and in
obtaining the relief demanded.

2. Indispensable party – a person without whom no final determination can be had of

an action.

3. Proper party – a person who is not indispensable but should be included if complete
relief is to be accorded as between those already parties.

4. Pro forma party – a husband or wife who is required to be joined in suits by or

against his spouse

5. Quasi-parties – those in whose behalf a class or representative suit is brought;

parties not initially/ formally impleaded as original parties but later
bind themselves to comply with the terms of a judgment or
compromise rendered therein.

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PLEADINGS

Pleading – written allegation of the parties of their respective claims and defenses
submitted to the court for trial and judgment.

KINDS OF PLEADINGS

1. COMPLAINT – concise statement of the ultimate facts constituting the plaintiff’s cause
or causes of action.

2. ANSWER – pleading where an adverse party sets forth negative and affirmative
defenses upon which he relies.
65.
66. Negative Defense – specific denial of a fact alleged.
67.
68. Affirmative Defense – an allegation
of new matter which, though admits the material
allegations of the complaint, nevertheless prevents
recovery.

3. COUNTERCLAIM – any claim for money or other relief which a party may have against
an opposing party.
69.
70. Compulsory Counterclaim – one arising out of or is necessarily connected with
the subject matter of the claim (e.g., recoupment).
71.
72. Permissive Counterclaim – does not arise or is not connected with the subject
matter of the claim (e.g., set-off).

4. CROSS CLAIM – claim by one party against a co-party arising out of a transaction or
occurrence which is the subject matter of the action or counterclaim.

5. REPLY – a pleading that denies or alleges facts in denial of new matters alleged by
way of defense in the answer with the purpose of joining the issues as to
such new matters.

6. THIRD-PARTY COMPLAINT – a claim which a defending party may file against a

person not a party to the action for contribution,
indemnity, subrogation or any other relief.

OTHER DEFINITIONS

Specific Denial – specific allegation of the fact the truth of which he does not admit and
setting forth the substance of the matter relied upon to support the
denial OR allegation of lack of knowledge or information sufficient to
form a belief as the truth of the averment.

Negative Pregnant –a form of denial where only the qualification or modification of the
fact alleged is denied while the fact itself is admitted.

Summons – an order directed to a defendant in the name of the court and under its seal
directing that the defendant answer the complaint upon failure of which
judgment will be taken.

Motion – application for an order not included in the judgment.

Subpoena – process directed to a person requiring him to attend and to testify at a

hearing or trial or to bring with him any book or thing under his control.

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 REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002

Demurrer to Evidence – a motion to dismiss based on insufficiency of evidence of the

prosecution.

Preliminary Attachment – a court order granted at the commencement of the action or

at any time before entry of judgment to seize the property of
the debtor in advance of final judgment and hold it for the
purpose of satisfying the judgment.

Preliminary Injunction – an order granted at any stage of an action prior to the final
judgment requiring a person to refrain from doing a particular
act.

Preliminary Mandatory Injunction – an order requiring the performance of a particular

act.

Criminal Complaint – sworn written statement charging a person with an offense

subscribed by an offended party, peace officer, or other public
officer charged with the enforcement of the law violated.

Information – an accusation in writing charging a person with an offense subscribed by

the fiscal and filed in court.

Preliminary Investigation – an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and that
the respondent is probably guilty thereof.

Arrest – taking a person into custody in order that he may be bound to answer for the
commission of an offense.

Bail – the security for the release of a person in custody of the law furnished by him or a
bondsman conditioned upon his appearing before any court as required under the
condition hereinafter specified.

Property Bond – an undertaking constituted as lien on the real property given as

security for the amount of bail.

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