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Remedial Law Case Index determined by the value of property.

In the absence,
the Court can rely only on the declaration made in
1. Jurisdiction is based on the allegations on the
the complaint (in this case 6,000)- it is filed in RTC-
complaint. Jurisdiction is not changed by the
so it should have been dismissed- there is grave
defenses in the answer; otherwise, the defendant may
abuse of discretion
easily delay a case by raising other issues, then claim
lack of jurisdiction. # Despite dismissal of ejectment case on appeal,
RTC granted the motion to withdraw rentals that
2. Unlawful Detainer to make a case-
have been deposited. Such act is an exercise of
1. initially, defendant lawfully possessed the equity jurisdiction it aims to provide justice where
property either by contract or plaintiffs tolerance; a court of law is unable to adapt its judgments to
special circumstances of a case because of resulting
2. the plaintiff notified the defendant that his right of legal inflexibility when the law is applied to a given
possession is terminated situation.
3. defendant remained in possession and deprived -Parties-
plaintiff of its enjoyment
#No relief can be availed of if one is not the real party
4. the plaintiff filed a complaint within one year in interest- Purpose- 1. To prevent the prosecution of
from the last demand actions of persons without any right, title or interest
#As a general rule, jurisdiction over the subject in the case; 2) to require that the actual party entitled
matter may be raised at any time, or even for the first to legal relief be the one to prosecute the action; 3)
time on appeal. to avoid multiplicity of suits; 4) discourage litigation
and keep it within certain bounds pursuant to public
# Failure to assail jurisdiction during trial is not policy
sufficient for estoppel by laches to apply.
#Action for breach of contract of carriage survives
# Doctrine of Judicial Stability no court can the party and can be proceeded by the heirs through
interfere by injunction with the judgments or orders substitution.
of another court of concurrent jurisdiction having the
power to grant the relief sought by injunction. Reason: Substitution by the heirs is not a matter of
jurisdiction but a requirement of due process. It
#Jurisdiction over accion publiciana is determined protects the right of due process belonging to any
by the assessed value of the property. If assessed party , that in the event of death, deceased litigant
value is not alleged in the complaint, the action continues to be protected and properly represented
should be dismissed for lack of jurisdiction. The in the suit through the duly appointed legal
reason behind this rule is that the trial court is not representatives of his estate.
afforded the means of determining from the
allegations of the basic pleading whether jurisdiction Actions that survived:
over the subject matter of the action pertains to 1. recovery of real or personal property or an interest
another court. from the estate;
#Real action is within the jurisdiction of the MTC or 2. enforcement of liens on the estate
the RTC-
3.recovery of damages for an injury to person or
If real action- it is a requirement under A.M. No. 04- property
2-04-SC that the there should be declaration of the
FMV of the property as stated in the current tax ABATED by death:
declaration or Zonal Valuation of BIR. Absence of
1. claims for funeral expenses and those for the last
which, you cannot determine who has jurisdiction,
sickness of the decedent;
whether RTC or MTC because jurisdiction will be
2. judgments for money;
3. Al claims for money against the deceased arising
from contract , express or implied.