Civ Pro Jurisdiction and Remedy Charts

ATENEO LAW SCHOOL CIVIL PROCEDURE
2-D [ATTY. NAVA]

L.T.J.F. 2
nd
Semester S.Y. 2012-2013
Sources:
Riano, Willard, Civil Procedure (The Bar Lecture Series) Vol. 1, Manila: Rex Printing Company, 2011.
Regalado, Remedial Law Compendium
JURISDICTION OF COURTS

A. Supreme Court, Court of Appeals and Court of Tax Appeals
Court Jurisdiction Against Subject Matter
Supreme Court Exclusive original CA, Commission on Elections, Commission
on Audit, Sandiganbayan, CTA
Petitions for certiorari, prohibition and mandamus
(Rule 65)
Concurrent original
with CA
RTC, Civil Service Commission, Central
Board of Assessment Appeals, NLRC, other
quasi-judicial agencies
Petitions for certiorari, prohibition and mandamus
(Rule 65)
Concurrent original
with CA and RTC
Lower courts (MTC, MeTC, MCTC, MTCC) Petitions for certiorari, prohibition and mandamus
(Rule 65)
Petitions for Quo Warranto and Habeas Corpus
Concurrent original
with RTC
N/A Cases affecting ambassadors, public ministers and
consuls
Disciplinary proceedings against members of the
judiciary and the bar
Appellate
jurisdiction
RTC, CA, Sandiganbayan, CTA Petition for review on certiorari (on pure questions
of law) and decisions of CTA rendered en banc
Court of Appeals Exclusive original RTC Annulment of Judgments
Exclusive appellate RTC and Family Courts Ordinary appeal
Exclusive appellate RTC (as appellate court) Petition for review of the decisions of the RTC in
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the exercise of its appellate jurisdiction
Exclusive appellate Civil Service Commission and other quasi-
judicial agencies, office of the Ombudsman
Petition for review
Appellate
jurisdiction
MTC (exercising its delegated function as a
cadastral court)
Cadastral or Land Registration Cases
Court of Tax
Appeals
Exclusive original N/A Tax collection cases involving final and executory
tax assessments amounting to Php1,000,000 or
more exclusive of charges and penalties
Exclusive appellate Commissioner of Internal Revenue Assessment, tax refund and penalties and tax-
related decisions
RTC Local tax cases
Commissioner of customs Customs, duties, fees, detention or release of
property
Secretary of Finance Decisions automatically elevated for review to the
secretary
Secretary of Agriculture or Trade and Industry Duties and tariff

NOTES:
A. Judgments of CTA are no longer appealable by way of petition for review to CA it is appealable directly to the Supreme Court
B. If the principal amount in the tax collection case is less than Php1,000,000.00 the case is tried by the RTC and lower courts. For amounts
of Php1,000,000.00 or more (for final and executory assessments for taxes), the CTA has exclusive original jurisdiction over the case.
2-D [ATTY. NAVA]
L.T.J.F. 2
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B. Regional Trial Courts
Jurisdiction Subject Matter
Exclusive original 1. When subject matter is incapable of pecuniary estimation (eg: cases of specific performance, expropriation
and annulment of a GOCC resolution)
2. Real Property cases involving title or possession where the property's assessed value exceeds:
Php20,000 outside Metro Manila
Php50,000 within Metro Manila
3. Where the claim, demand or value involved exceeds:
Actions in admiralty and maritime jurisdiction
Probate proceedings (gross value of the estate)
All other claims (monetary and non-monetary)
4. All other cases not within the exclusive jurisdiction of any court, tribunal or quasi-judicial body
Concurrent original with
the Supreme Court
Cases affecting consuls, ambassadors and public ministers
Appellate jurisdiction MTC, MeTC, MCTC, MTCC

C. Municipal and Metropolitan Trial Courts
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Jurisdiction Subject Matter
Exclusive original Claims and demands involving:
personal property
estates in probate proceedings
money claims
where the total value or amount, exclusive of costs,interests and damages, does not exceed:
Cadastral and Land Registration proceedings where the value does not exceed Php100,000 AND there is no
controversy or opposition thereto
1. Small Claims
2. Summary Procedure
3. Forcible entry and unlawful detainer cases (value of property involved is immaterial)
Small Claims Court where amount does not exceed Php100,000 or there is a waiver of the excess.
Claims are limited to:
1. Money claims
2. Damages
3. Enforcement of an arbitration award
Summary Procedure
1. All cases of unlawful detainer and forcible entry
2. Claims including non-monetary claims (except probate proceedings) where the amount does not exceed:
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Special jurisdiction Applications for bail and petitions for Habeas Corpus only when RTC judges are absent in the province or city

MODES OF DISCOVERY

Mode of
Discovery
When Requested Directed Against How Administered Effects of Failure to
Comply
Depositions
Pending
Actions (Rule
23)
With Leave of Court:
1. After jurisdiction has been
obtained over a defendant
AND before an answer
has been filed
2. If deponent is confined in
prison

Without Leave of Court:
After answer has been filed
AND deponent is not
confined in prison
Any person,
whether a party to
the case or not
Either through:
1. Oral Testimony
2. Written Interrogatories (not the same as
in Rule 25)

Deposition is taken before a:
1. judge
2. notary public
3. person authorized to administer oaths as
stipulated by the parties in writing

If overseas, it is taken before:
1. a secretary of embassy, consul general,
consul, vice-consul or consular agent of
the Philippines
2. such person or officer appointed by
Failure of party giving
notice to attend the taking
of deposition such party
will pay the other party who
attended expenses incurred
by the latter.

Failure of party giving
notice to serve subpoena
same effect as above

Subject to the additional
effects as provided in Rule
29
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commission or letters rogatory
3. any person authorized to administer
oaths as stipulated by the parties in
writing
Depositions
Pending
Appeal or
Before Action
(Rule 24)
1. Before complaint is filed,
a verified petition is filed
in the court of the place of
the residence of any
expected adverse party
2. If an appeal has been
taken or before the
expiration of the appeal
period, a motion for leave
of court is made to take
depositions. Such motion
is filed in the court which
rendered the judgment.
Verified petition is
filed by any
person:
1. Who wants to
perpetuate his
own testimony
2. Who wants to
perpetuate the
testimony of
another person
Petitioner shall serve a notice upon each
person named in the petition as an
expected adverse party

At least 20 days before date of hearing, the
court shall cause notice to be served on the
parties and prospective deponents

Depositions may be taken in accordance
with Rule 23 before hearing
Same effects as in Rule 23

effects as provided in Rule
29
Interrogatories
to Parties
(Rule 25)
1. After jurisdiction has been
obtained over a defendant
AND before an answer
has been filed
2. If deponent is confined in
The adverse party
only
A party may serve written interrogatories:

1. Before answer has been filed
2. Succeeding sets of interrogatories

A party not served with
written interrogatories may
not be compelled by the
adverse party to give
testimony in open court or
to give a deposition pending
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L.T.J.F. 2
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prison
Without Leave of Court:
After answer has been filed
AND deponent is not
confined in prison

Without Leave of Court
1. After answer has been served
2. Only 1 set of interrogatories is allowed
if served with no leave of court
appeal

effects as provided by Rule
29
Admission by
Adverse Party
(Rule 26)
Anytime after issues have
been joined (after the
responsive pleading has been
served)
Adverse party to
admit in writing
certain material
matters which most
likely will not be
disputed during
trial
Each of the matters of which an admission
is requested shall be deemed admitted
UNLESS the party to whom the request is
directed files and serves a sworn statement
either denying specifically the matters of
which an admission is requested or setting
forth the reasons why he cannot admit or
deny those matters.

Admissions made in a pending action
cannot be used in any other proceedings
Party who fails to request
the admission of facts in
question shall not be
allowed to present evidence
on such facts

29
Production or
Inspection of
Things or
Documents
(Rule 27)
Upon motion of any party
showing good cause therefor
Any party who has
under his custody
or control the
documents or
things that need to
be inspected or
produced
1. Motion must be filed by a party
showing good cause thereof
2. Motion must sufficiently describe the
document or thing sought to be
produced or inspected
3. Copy of the motion must be given to all
the other parties
29
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4. Document or thing must constitute or
contain evidence material
5. Document or thing must not be
privileged
Physical and
Mental
Examination
of Persons
(Rule 28)
Available only in an action
where the mental or physical
condition of a party is in
controversy.

A motion is be filed for the
examination of a party (order
is not done motu proprio)
A party to the case
whose mental or
physical condition
is in question
Order of Examination
1. Notice is given to the party to be
examined and all other parties
2. Motion must specify the time place,
manner, conditions and scope of the
examination and the person/s by whom
it is to be made

Report on Findings
1. Party examined may request for a copy
of the report and once he obtains it:
a. he has to furnish the other party a copy
of a report of any previous or
subsequent examination
b. Waiver of privilege on the testimony of
any other person who examined him
If physician fails or refuses
to make a report on the
findings the court may
exclude his testimony if
offered at the trial

29

2-D [ATTY. NAVA]
L.T.J.F. 2
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Sources:
PROVISIONAL REMEDIES
Remedy When to File Petition Where to File Petition Issuance/Implementation of Writ Amount of Bond
Preliminary
Attachment
Any stage before the
entry of final judgment
Court where action is pending Either ex parte or upon motion with
notice and hearing
Court discretion
Preliminary
Injunction
Any stage before the
entry of final judgment
As a provisional remedy
court where action (or appeal)
is pending.

As a principal action RTC
since an action for injunction
is not capable of pecuniary
estimation

NOTE: the function of the
TRO is to preserve the status
quo while the principal action
for preliminary injunction is
being decided
General Rule: Always with hearing and
notice
Except: extreme urgency; where
irreparable injury would be a result

20-day TRO notice and hearing within
the 20-day period; effective from service
on party to be enjoined
72-hr TRO ex parte; effective from
time of issuance
72-hr TRO extended to 20 days
(including the 1
st
72 hours) extension is
issued after summary hearing
Court discretion

Bond is only required
for Preliminary
Injunctions and NOT
for TRO.
Receivership Any stage even after
final judgment;
including during
pendency of an appeal
As a remedy During
pendency of appeal, appellate
court may allow application,
but it is filed in the court of
Receiver is appointed upon verified
petition.
Receiver may be discharged:
a. upon showing that his appointment is
Fixed by the court
2 Kinds:
1. Applicant's Bond
2. Receiver's Bond
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origin. CA or SC may grant
application even if action is
pending in lower the court.

As a principal action - RTC
without sufficient cause.
b. adverse party files bond
c. receiver's bond is insufficient
d. applicant's bond is insufficient
Replevin Before defendant files
an answer
Court of origin or trial court
since the remedy is applied
anytime before an answer is
filed, there can be no replevin
application in appellate courts
Always issued ex parte with no notice
and hearing precisely because the
applicant wants to surprise defendant
and not give the latter the opportunity to
hide or dispose of the subject property
Double the value of the
personal property to be
seized
Support
Pendente Lite
Any stage before final
judgment

On appeal even for
the first time on appeal
provided the basis was
established at the trial.
Family Court since this
provisional remedy is
available only in an action for
support.

Exception when right to
support is the civil aspect of a
criminal action, RTC and
MTC may issue this remedy
Hearing is always required

NOTE: Support Pendente Lite is
interlocutory. Amount determined by
court as provisional support may be
modified at any stage of the proceedings.
No bond is generally
required from the
applicant

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L.T.J.F. 2
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Sources:

POST-JUDGMENT REMEDIES

BEFORE JUDGMENT BECOMES FINAL AND EXECUTORY
Remedy Grounds Filing Period Effect of Granting
Remedy
Remedy when
Denied
Limits
Motion for
Reconsideration
1. Excessive
damages
2. Evidence
insufficient to
justify decision
or order
3. Judgment is
contrary to law
Within same
period as:

15 days notice
of appeal
30 days record
on appeal
Court may amend
the judgment
Appeal from the
judgment itself
(NOT the denial
of the MR)

1. No second MR for judgments
shall be allowed
2. Second MR for interlocutory
orders is allowed (but MR for
interlocutory orders is NOT
covered by Rule 37)
Motion for New
Trial
1. Fraud, accident,
mistake or
excusable
negligence
2. Newly
discovered
evidence
Within same
period as:

15 days notice
of appeal
30 days record
on appeal
Original judgment
shall be vacated and
action shall stand
for trail de novo
Appeal from the
judgment itself
(NOT the denial
of the MNT)
Second MNT is allowed
provided the grounds must be
those unavailable or not existing
when the first motion was filed
Appeal 1. Questioning the
judgment or
order itself or a
particular matter
therein

15 days file
notice of appeal
that rendered the
judgment
appealed from

1. Ordinary appeal
under Rule 41
appeal to CA
from RTC in its
original
jurisdiction
Certiorari under
Rule 65 provided
petition for
appeal was
dismissed with
grave abuse of
Orders not appealable:
1. Order denying petition for
relief
2. Interlocutory order
3. Dismissal of appeal
4. Order of execution
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2. Questions of law
involved in the
case or judgment
(Rule 45)
30 days record
on appeal:
required only in
special
proceedings and
in cases of
multiple or
separate appeals

48 hours for
appeals in habeas
corpus cases

2. Petition for
review under
Rule 42 appeal
to the CA in
cases decided by
RTC in its
appellate
jurisdiction.
Rule 41 also
applies to
appeals from
MTC to RTC
insofar as it is
not inconsistent
with Rule 40

3. Appeal by
Certiorari to SC
under Rule 45
either from CA
to SC or from
RTC to SC and
must raise only
pure questions of
law
discretion and
without fault of
appellant
5. Dismissal of action without
prejudice
6. Order denying motion to set
aside judgment by consent,
confession or compromise

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AFTER JUDGMENT BECOMES FINAL AND EXECUTORY

Remedy Grounds Filing Period and Place
of Filing
Effects of
Granting
Remedy
Remedy
when
Denied
Limits
Relief from
Judgment

Nature a
continuation
of the old/
original case
1. When judgment
or order is
entered against
petitioner
through FAME
2. Petitioner has
been prevented
from taking
appeal through
FAME
Within 60 days after
petitioner learns of the
judgment AND not
more than 6 months
after such judgment

Where filed same
court which decided
the case
1. Judgment or
order is set
aside (1
st

ground)
2. Appeal is
given due
course (2
nd

ground)
Certiorari
under
Rule 65
1. Remedy cannot be availed of in the
Supreme Court and the Court of Appeals
2. Judgments can be executed upon motion
even during pendency of the petition for
relief
3. Petition for relief is not available in small
claims and summary proceedings
4. Petition is available only to the parties to
the case
Annulment
of Judgment

Nature an
independent
or original
action
(direct
attack)
Extrinsic fraud

Lack of
jurisdiction over
defendant or
subject matter
(such grounds
deprive aggrieved
party of due
process)
Fraud within 4 years
from discovery
Lack of jurisdiction
before barred by laches
or estoppel

Where filed in CA for
RTC judgments and in
RTC for MTC
judgments
Fraud Court
may, upon
motion, order
the trial court to
try the case as
if a timely
MNT was
granted

Lack of
jurisdiction
Certiorari
under
Rule 65
1. May not be invoked when petitioner has
availed of the remedy of new trial,
appeal, petition for relief or other remedy
AND lost
2. May not also be invoked if the grounds or
relief could have been availed of but
petitioner failed to do so through his fault
3. Remedy is allowed only in exceptional
cases where there is no available remedy
4. Petitioner need not be a party to the
judgment as long as he can prove the
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Set aside the
judgment
without
prejudice to the
original action
being re-filed
allegation that judgment was obtained
through fraud and he was affected
thereby
5. Remedy not available for judgments of
quasi-judicial bodies (remedy is ordinary
appeal)
Certiorari
(Rule 65)

Nature
Special
Civil Action
Grave abuse of
discretion
amounting to lack
or excess of
jurisdiction

NOTE: Remedy
covers acts of a
tribunal, board or
officer exercising
judicial or quasi-
judicial functions
Not later than 60 days
from notice of
judgment

If MR or MNT was
filed, the 60-day period
runs from notice of
denial of motion

NOTE: filing the
petition does not
interrupt the proceeding
of the principal case.
Only a TRO or Writ of
Preliminary Injunction
can interrupt such case
Depends on the
act or decision
complained of
NONE 1. It is necessary to allege and show that
there is no more appeal, or any other
plain, speedy and adequate remedy in the
ordinary course of law
2. Cannot be resorted to when appeals and
other remedies are available (remedy of
last resort)
3. Sole function is to correct errors of
jurisdiction including the commission of
grave abuse of discretion
4. Certiorari (Rule 65) is NOT a substitute
for a lost appeal
5. May be availed of even if a remedy is
available (appeal) but the same is useless,
not speedy nor adequate as Certiorari.
Collateral
Attack
N/A (Grounds are
those of the direct
attack/ action)
N/A N/A N/A 1. A collateral attack is made when, in
another action to obtain a different relief,
an attack on the judgment is made as an
incident in said action
2. Only proper when the judgment is null
and void on its face

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ATENEO LAW SCHOOL CIVIL PROCEDURE

2-D [ATTY. NAVA]

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