Rustum Daniel Waldo H.

Doctora (4B) Remedial Law Review

1

GENERAL PRINCIPLES

Problems:

1. Define Cause of Action. Distinguish from Right of Action.

A cause of action is the act or omission by which a party violates a right of another.
(Section 2, Rule 2, Rules of Court) It is the delict or wrongful act or omission committed
by the defendant in violation of the primary rights of the plaintiff.

The essential elements of a cause of action are (1) a right in favor of the plaintiff by
whatever means and under whatever law it arises or is created; (2) an obligation on the
part of the named defendant to respect or not to violate such right; and (3) an act or
omission on the part of such defendant in violation of the right of the plaintiff or
constituting a breach of the obligation of the defendant to the plaintiff for which the
latter may maintain an action for recovery of damages or other appropriate relief.

A right of action on the other hand is the remedial right or right to relief granted by law
to a party to institute an action against a person who has committed a delict or wrong
against him.

As distinguished from each other, a cause of action is the delict or wrong committed,
while the right of action is the right to sue as a consequence of that delict and does not
arise until the performance of all conditions precedent to the action, and may be taken
away by the running of the state of limitations through estoppel, or by other
circumstances which do not affect the cause of action. In short, there can be no right of
action without a cause of action being first established.

There may be several rights of action and one cause of action, and rights may accrue at
different times from the same cause.

2. When is a complaint deemed filed?

A complaint is deemed filed on the date of its filing in court with the corresponding
payment of the correct docket fees. The court acquires jurisdiction over the case only
upon full payment of the required docket fee.

The consistent rule is that a case is deemed filed only upon payment of the docket fee
regardless of the actual date of filing in court, and that jurisdiction over any case is
acquired only upon the payment of the prescribed docket fee which is both mandatory
and jurisdictional. (G.R. No. 204970, February 01, 2016)

3. What is the totality rule?

The totality rule states that where there are several claims or causes of actions between
the same or different parties embodied in one complaint, the amount of the demand
shall be the totality of the claims in all causes of action irrespective of whether the
causes of action arose out of the same or different transaction (Rule 2, Sec.5 [d]).

The totality of claims rule applies only when there are several claims or causes of action
between the same or different parties embodied in the same complaint, in which case
the total amount of the claims shall be determinative of the proper court which has
jurisdiction over the case (Fausto v. Multi Agri-Forest and Community Development
Cooperative, G.R. No. 213939, October 12, 2016).
 Under the present law, the totality rule is applied also to cases where two or more
plaintiffs having separate causes of action against a defendant join in a single complaint,
as well as to cases where a plaintiff has separate causes of action against two or more
defendants joined in a single complaint. However, the causes of action in favor of the
two or more plaintiffs or against the two or more defendants should arise out of the
same transaction or series of transactions and there should be a common question of
law or fact, as provided in Section 6 of Rule 3 on permissive joinder of parties.

The totality rule is not applicable if the claims are separate and distinct from each other
and did not arise from the same transaction.

4. What are the different kinds of Courts? State the jurisdiction of each.

The different kinds of Courts are the following:

Review Courts

Supreme Court
Court of Appeals

Trial Courts

Regional Trial Court

Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court

Special Courts

Court of Tax Appeals

Sandiganbayan

The jurisdiction of the Supreme Court:

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
Petitions for issuance of writs of Petitions for issuance of writs of
certiorari, prohibition and mandamus certiorari, prohibition and mandamus
against the following: against the following:
Court of Appeals Court of Appeals
Court of Tax Appeals Sandiganbayan
Commission on Elections En Banc
Commission on Audit
Sandiganbayan
Concurrent Jurisdiction with the Court of Appeals over:
Petitions for certiorari, prohibition or Petitions for issuance of writs of
mandamus against: certiorari, prohibition and mandamus
Regional Trial Courts against the RTC and lower courts.
Civil Service Commission
Central Board Assessment Appeals
National Labor Relations
Commission; and
Other quasi-judicial agencies

Petitions for the issuance of the writ of

kalikasan
Concurrent Jurisdiction with the Court of Appeals and RTC over:
Petitions for habeas corpus and quo Petitions for issuance of writs of
warranto; and certiorari, prohibition and mandamus
Petitions for issuance of writs of against the lower courts or bodies.
certiorari, prohibition and mandamus
against the lower courts or other bodies
Concurrent Jurisdiction with the Court of Appeals, Sandiganbayan and RTC
over:
Petitions for the issuance of writ of Petitions for the issuance of writ of
amparo and Petition for writ of habeas amparo and writ of habeas data
data, where the action involves public
data or government office
Concurrent Jurisdiction with the Sandiganbayan over:
Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of
its appellate jurisdiction including quo warranto arising or that may arise in in cases
filed under EO Nos. 1, 2, 14 and 14-A
Concurrent Jurisdiction with the RTC over:
Actions affecting ambassadors and other
public ministers and consuls
Appellate Jurisdiction of the Supreme Court
Petitions for review on certiorari against: Automatic Review for cases of death
CA penalty rendered by the Court of Appeals
CTA
Sandiganbayan Decisions of the CA in criminal cases.
Regional Trial Courts Decisions of the Sandiganbayan
Decisions of the Obmudsman
Special civil action of certiorari filed within
30 days against:
COMELEC
COA

The jurisdiction of the Court of Appeals

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
Actions for annulment of judgments of
RTC based upon extrinsic fraud or lack of
jurisdiction (Sec. 9 B.P. 129).
Exclusive Appellate Jurisdiction over:
Final judgments, decisions, resolutions,
orders, awards of:
RTC
Family Courts
Appeal from MTC in the exercise
of its delegated jurisdiction (R.A.
7691)
Quasi-judicial agencies
Actions for annulment of decisions of the
RTC and Crimes of Terrorism under the
Human Security Act of 2007 or R.A. 9372
Judgments or decisions of RTC via notice
of appeal (except those appealable to the
SC or SB):
exercising its original jurisdiction
exercising its appellate jurisdiction
where the imposable penalty is:
life imprisonment or reclusion
perpetua

Automatic Review in cases of death

penalty imposed by the RTC.

The jurisdiction of the Court of Tax Appeals

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
In tax collection cases involving final and
executory assessments for taxes, fees,
charges and penalties where the principal
amount of taxes and fees, exclusive of
charges and penalties claimed is more
All criminal cases arising from violation of
the NIRC of 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
than P1M tried by the proper MTC, MeTC charges and penalties claimed is more
and RTC. 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 Appellate Jurisdiction over:
1. Decisions or resolutions of Decisions or resolutions of the RTC in
motions for reconsideration or criminal offenses cases where the amount
new trial of the Court of Tax of taxes involved is less than P1M.
Appeals in division;
2. Decisions or resolutions of the
RTC in:
Local Tax Cases
Tax Collection cases where the
amount of taxes involved is
less than P1M.
3. Decisions of the CBAA
4. Decisions of the CIR
5. Decisions of the Secretary of
Finance on Customs cases
elevated for automatic review
6. Decisions of the Secretary of
Trade and Industry in cases on
non-agricultural products or the
Secretary of Agriculture in
agricultural products

The jurisdiction of the Regional Trial Court

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
1. Actions in which the subject of 1. Criminal cases not within exclusive
litigation is incapable of pecuniary jurisdiction of any court, tribunal
estimation; or body (Sec. 20, BP 129);
2. Actions involving title to or 2. Cases where the only penalty
possession of real property or any provided by law is a fine
interest therein where the exceeding P4,000;
assessed value exceeds P20,000 3. Other laws which specifically lodge
or P50,000 in Metro Manila, jurisdiction in the RTC;
except forcible entry and unlawful 4. Cases falling under the Family
detainer; Courts in areas where there are
3. Actions in admiralty and maritime no Family Courts (Sec.24, B.P.
jurisdiction where demand or 129);
claim exceeds P300,000 or 5. Election offenses (Omnibus
P400,000 in Metro Manila; election code) even if committed
4. Matters of probate, testate or by an official with salary grade of
intestate, where gross value of 27 or higher
estate exceeds P300,000 or
P400,000 in Metro Manila;
5. Cases not within the exclusive
jurisdiction of any court, tribunal,
person or body exercising judicial
or quasi-judicial function;
6. Civil actions and special
proceedings falling within
exclusive original jurisdiction of
Juvenile and Domestic Relations
 Court and Court of Agrarian
Reforms;
7. Other cases where the demand,
exclusive of interest, damages,
attorneys fees, litigation expenses
and costs, or value of property in
controversy exceeds P300,000 or
P400,000 in Metro Manila (Sec.
19, BP 129 as amended by R.A.
7691); and
8. Intra-corporate controversies
under Sec. 5.2 of the Securities
and Regulation Code.
Exclusive Appellate Jurisdiction over:
All cases decided by lower courts (MTC etc.) in their respective territorial jurisdictions.
XPN: Decisions of lower courts in the exercise of delegated jurisdiction.
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 (Sec. 23, BP 129).

The jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts,

Municipal Circuit Trial Courts:

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
1. Actions involving personal
property where the value of the
property does not exceed
P300,000 or, in Metro Manila
P400,000;
2. Actions for claim of money where
the demand does not exceed
P300,000 or, in Metro Manila
P400,000;
3. Probate proceedings, testate or
intestate, where the value of the
estate does not exceed P300,000
or, in Metro Manila P400,00
Note: In the foregoing, claim must be
exclusive of interest, damages,
attorneys fees, litigation expense,
and costs (Sec. 33, BP 129 as
amended by R.A. 7691).
4. Actions involving title to or
possession of real property or any
interest therein where the value
or amount does not exceed
P20,000 or, in Metro Manila
P50,000 exclusive of interest
damages, attorneys fees,
litigation expense, and costs;
(2008 Bar Question)
5. Maritime claims where the
demand or claim does not exceed
P300,000 or, in Metro Manila
P400,000 (Sec. 33, BP 129 as
1. All offenses punishable with
imprisonment not exceeding 6
years irrespective of the amount
of fine and regardless of other
imposable accessory or other
penalties;
2. In offenses involving damage to
property through criminal
negligence where the imposable
fine does not exceed P10,000
(Sec. 32, BP 129 as amended by
R.A. 7691);
3. Where the only penalty provided
by law is a fine not exceeding
P4,000 (Admin. Circular No. 09-
94, June 14, 1994)
4. Those covered by the Rules on
Summary Procedure;
5. All offenses committed by public
officers and employees in relation
to their office, including
government-owned or controlled
corporations, and by private
individuals charged as co-
principals, accomplices or
accessories, punishable with
imprisonment not more than 6
years or where none of the
accused holds a position classified
as Grade 27 and higher (Sec. 4,
P.D. 1606 as amended by R.A.
 amended by R.A. 7691); 8249).
6. Inclusion or exclusion of voters
(Sec. 138, BP 881);
7. Those covered by the Rules on
Summary Procedure: a. Forcible
entry and unlawful detainer; b.
Other civil cases except probate
where the total amount of the
plaintiffs claims does not exceed
P100,000 or, in Metro Manila
P200,000 exclusive interest and
costs (as amended by A.M. No.
02-11-09-SC).
8. Those covered by the Rules on
Small Claims
Delegated Jurisdiction:
Cadastral or land registration cases
covering lots where:
1. There is no controversy or
opposition;
2. Contested but the value does not
exceed P100,000 (Sec. 34, BP 129
as amended by R.A. 7691).
Special Jurisdiction:
Petition for habeas corpus in the absence
of all RTC judges in the province or city
(Sec. 35, BP 129).

The jurisdiction of the Sandiganbayan

Civil Cases Criminal Cases

Exclusive Original Jurisdiction over:
Cases involving violations of: 1. Violation of RA No. 3019;
1. EO No. 1 (Creating the PCGG); 2. Felonies or offenses, whether
2. EO No. 2 (Illegal Acquisition and simple or complexed with other
Misappropriations of Ferdinand crimes committed by the public
Marcos, Imelda Marcos their close officials and employees above
relatives, subordinates, business mentioned in relation to their
associates, dummies, agents or office; and
nominees); 3. Cases filed pursuant to EO Nos. 1,
3. EO No. 14 [Cases involving the ill- 2, 14 and 14-A (Sec. 2, R.A. 7975
gotten wealth of the immediately as amended by R.A. 8249).
mentioned persons (Marcos and
dummies)]; and
4. EO No. 14-A (amendments to EO
No. 14) (Sec. 2, R.A. 7975 as
amended by R.A. 8294).
Exclusive Appellate Jurisdiction over:
Appeals from final judgments, resolutions
or orders of the RTC, whether in the
exercise of their original or appellate
jurisdiction, in cases involving public
officials or employees not otherwise
mentioned in the preceding enumeration.
5. What are the different kinds of pleadings? Define and state their functions.

The different kinds of pleadings are the following:

a. Complaint

Definition: The complaint is the pleading alleging the plaintiff's cause or

causes of action. The names and residences of the plaintiff and defendant
must be stated in the complaint (Section 3, Rule 6).

Functions:

The jurisdiction of the court and the nature of the action are determined
by the averments in the complaint.
This is an initiatory pleading.
b. Answer

Definition: An answer is a pleading in which a defending party sets forth his

defenses (Section 4, Rule 6).

Functions:

The answer contains the defendants version of the events leading to the
lawsuit and may be based on the contents of the complaint. The filing of
the answer is one option that the defendant has in deciding how to
respond to the complaint. The defendant may instead file a motion to
dismiss the lawsuit or to have the complaint redone in a different
manner.

c. Counterclaim

Definition: A counterclaim is any claim which a defending party may have

against an opposing party (Section 6, Rule 6).

A counterclaim may be compulsory or permissive.

A compulsory counterclaim is one which, being cognizable by the regular
courts of justice, arises out of or is connected with the transaction or
occurrence constituting the subject matter of the opposing party's claim
and does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction. Such a counterclaim must be
within the jurisdiction of the court both as to the amount and the nature
thereof, except that in an original action before the Regional Trial Court,
the counter-claim may be considered compulsory regardless of the amount
(Section 7, Rule 6).

A permissive counterclaim is one which does not arise out of or necessarily

connected with the transaction or occurrence that is the subject matter of
the opposing partys claim.

Functions:

May be used to assert a claim and seek relief against an original counter-
claimant. Such claim may or may not arise out of or necessarily
connected with the transaction or occurrence that is the subject matter of
the opposing partys claim.

d. Cross-claim
 Definition: A cross-claim is any claim by one party against a co-party
arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim
may include a claim that the party against whom it is asserted is or may
be liable to the cross-claimant for all or part of a claim asserted in the
action against the cross-claimant (Section 8, Rule 6). A cross-claim may
also be filed against an original cross-claimant.

Functions:
To allow a co-party to claim from another on matters arising out of the
same transaction without the need to file another suit, hence, avoiding
multiplicity of suits and clogging of court dockets.

e. Reply
Definition: A reply is a pleading, the office or function of which is to deny
or allege facts in denial or avoidance of new matters alleged by way of
defense in the answer and thereby join or make issue as to such new
matters. If a party does not file such reply, all the new matters alleged in
the answer are deemed controverted (Section 10, Rule 6).

Functions:
To deny or allege facts in denial or avoidance of new matters alleged by
way of defense in the answer.
To join or make issue as to such new matters alleged in the answer.

f. Third, (fourth, etc.) party complaint

Definition: A third (fourth, etc.) party complaint is a claim that a

defending party may, with leave of court, file against a person not a party
to the action, called the third (fourth, etc.) party defendant, for
contribution, indemnity, subrogation or any other relief, in respect of his
opponent's claim (Section 11, Rule 6).

Functions:
Seeks to recover from another person who is not yet impleaded in the
action some relief in respect to the opposing partys claim.

6. What is a negative pregnant? Give an example.

A negative pregnant is that form of denial which at the same time involves an
affirmative implication favorable to the opposing party. Such a negative pregnant is in
effect an admission of the averment to which it is directed. It is said to be a denial
pregnant with an admission of the substantial facts in the pleading responded to. A
denial in the form of a negative pregnant is an ambiguous pleading, since it cannot be
ascertained whether it is the fact, or only the qualification that is intended to be denied.

An example of a negative pregnant is in Republic vs. Sandiganbayan (G.R. No. 152154,

July 15, 2003), where it was alleged that it was clearly and overwhelmingly showed how
the respondents stashed away the countrys wealth to Switzerland amounting to $356M
and hid the same under layers of foundations and corporate entities to prevent
detection. The respondents specifically denies the allegations for it was false, the truth
being that respondents properties in the bank were lawfully acquired. Thus, it was
implied admitted by them there is really money stashed away in Switzerland.
7. Define ultimate facts.

Ultimate facts is defined as those facts which the expected evidence will support. The
term does not refer to the details of probative matter or particulars of evidence by which
these material elements are to be established. It refers to the facts that the evidence
will prove at the trial.

Ultimate facts has also been defined as the principal, determinative, and constitutive
facts on whose existence the cause of action rests; they are also the essential and
determining facts on which the court's conclusion rests and without which the judgment
would lack support in essential particulars.

8. What is joinder of issues?

There is joinder of issues when the answer makes a specific denial of the material
allegations in the complaint or asserts affirmative defenses which would bar recovery by
the plaintiff. In short it is an answer that asserts affirmative defenses or makes a
specific denial of the material allegations. Where there is proper joinder of issues, the
trial court is barred from rendering judgment based only on the pleadings filed by the
parties and must conduct proceedings for the reception of evidence.

9. Is a Third Party Defendant an original party? How does the trial court acquire
jurisdiction over a Third Party Defendant?

No, a third part defendant is not an original party. He is only impleaded by the
defendant in the original action for contribution, indemnity, subrogation or any other
relief, in respect of the plaintiffs claim.

The trial court acquires jurisdiction over a third-party defendant through the proper
service of summons after the defendant in the original case files, with leave of court, a
third-party complaint against said third-party defendant who was not a party to the
original action.