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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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,
where the penalty exceeds 6 years imprisonment irrespective of fine, or if only a
fine is imposable, exceeds P6,000, regardless of the amount of civil liability.
Manzano vs. Valera
R.A. 7691 places jurisdiction over criminal cases where the penalty is
6 years or less with the MTCs. Libel is punishable by prision correcional in its
minimum and medium periods and prision correcional has a range from six
months and one day to six years. ON the other hand, Art. 360 of the RPC
gives jurisdiction over libel cases to the CFI (now RTC). The latter is a
special law which must prevail over general laws. Moreover, from the
provisions of R.A. 7691, there seems to be no manifest intent to repeal or
alter the jurisdiction in libel cases. Thus, RTCs still have jurisdiction over libel
cases.
II. 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 MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND THE
MUNICIPAL CIRCUIT TRIAL COURTS
A. CIVIL CASES
1. Civil actions and probate proceedings, testate and intestate, including the grant
of provisional remedies where the demand, exclusive of interest, damages,
attorneys fees and costs, does not exceed P100,000/200,000.
2. 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.
3. Actions involving personal property valued at not more than P100,000/200,000.
4. Actions involving title or possession of real property where the assessed value
doe not exceed P20,000/50,000.
5. Inclusion/exclusion of voters.
B. CRIMINAL JURISDICTION
1. Violations of city or municipal ordinances.
2. All offenses punishable with not more than 6 years imprisonment, irrespective of
fine, or a fine of not more than P6,000, regardless of civil liabilities and accessory
penalties.
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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
SUMMARY PROCEDURE
I. CASES APPLICABLE
A. CIVIL CASES
1. All cases of forcible entry and unlawful detainer irrespective of amount of
damages or unpaid rentals; without question of ownership; attorneys fees not
exceeding P20,000 if quieting of ownership; resolved to determine question
of possession.
2. 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
1. Violation of traffic laws, rules, regulations
2. Violation of rental laws
3. Violations of city or municipality ordinances
4. All other criminal cases where the penalty does not exceed 6 months or a fine
of P1000 or both
5. Damage to property through criminal negligence where the fine does not
exceed P10,000.
II. PROHIBITED PLEADINGS AND MOTIONS
1. Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter or
failure to comply with Katarungang Pambarangay (LGC) requirements
2. Motion for bill of particulars
3. Motions for new trial, reconsideration, re-opening
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits
6. Memoranda
7. Petition for certiorari, mandamus, and prohibition against any interlocutory order
issued by the court
8. Motion to declare defendant in default
9. Dilatory motion for postponement
10. Reply
11. Third-party complaints
12. Motion for intervention
4. 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 confronting the
punong barangay which might arise in resolving such objections are to be submitted
to the Secretary of the DOJ, whose ruling shall be binding.
5. EFFECT OF NON-COMPLIANCE:
a. Dismissal upon motion of defendants for failure to state cause of action or
prematurity; OR
b. Suspension of proceedings upon petition and referral of case motu proprio to
appropriate barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:
a. Complainant pays appropriate filing fees, and shall complain, orally or in writing,
to the lupon chairman of the barangay;
b. 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)
c. Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. It shall arrive at
said settlement or resolution of the dispute within 15 days from the day it
convenes.
During the period while 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 its date, 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 above does not apply to cases not within jurisdiction of the lupon but
submitted to it. In this case, the compromise agreed upon by the parties
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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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:
a. Issued by lupon secretary and attested by lupon chairman/ punong barangay,
that confrontation took place and conciliation settlement was reached, but
subsequently repudiated.
b. Issued by pangkat secretary and attested by pangkat chairman, that:
i. There was a confrontation but no settlement; OR
ii. There was no personal confrontation without any fault on the part of the
complainant.
c. 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 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.)
3. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.
B. 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:
1. Private individuals charged as co-principals, accomplices or accessories with the
public officers or employees shall be tried jointly with said public officers and
employees in the proper courts
2. 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 courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the
filing of such civil action separately from the criminal action shall be recognized.
3. 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.
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
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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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 not directed against particular persons but 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.
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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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 plaintiffs cause
or causes of action.
2. ANSWER pleading where an adverse party sets forth negative and affirmative
defenses upon which he relies.
a. Negative Defense specific denial of a fact alleged.
b. 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.
a. Compulsory Counterclaim one arising out of or is necessarily connected with
the subject matter of the claim (e.g., recoupment).
b. 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 the trial or to bring with him any book or thing under his control.
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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001