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FABRIGAS, FREEZA JEE M.

LLB 4-B
USA COLLEGE OF LAW
PRACTICAL EXERCISES FOR REMEDIAL LAW REVIEW I
PART I (GENERAL PRINCIPLES)
FACTS LIFTED FROM GONZALES VS. PCIB (G.R. No. 180257, FEBRUARY 23,
2011)

Problems.
1. Define Cause of Action. Distinguish from Right of Action.
A cause of action involves a right of the plaintiff and a violation of this right by
the defendant. Without a right and a violation of this right, there can be no cause of
action, and without this cause of action, there would be no right to a file a suit against
the defendant. Cause of action refers to an act or omission by which the party violates
the right of another.

The right of action on the other hand, is the right to file a suit. The right of
action which is procedural in character is the consequence of the violation of the right of
the plaintiff.

Hence, the rule: There is no right of action where there is no cause of action.

2. When is a complaint deemed filed?

A civil action is commenced by the filing of the original complaint in court. If an

additional defendant is impleaded in a later pleading, the action is commenced with
regard to him on the dated of the filing of such later pleading, irrespective of whether
the motion for its admission, if necessary, is denied by the court.

3. What is the Totality Rule?

Where the claims in all the causes action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction. (Sec. 5[d], Rule 2)
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4. What are the different kinds of Courts? State the jurisdiction of each?

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 300,000/P400,000;

Probate proceedings, both testate and intestate, where the gross value of the
estate P300,000/P400,000;

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 P300,000/P400,000;

II. ORIGINAL

* 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).

* In actions affecting ambassadors and other public ministers and consuls(concurrent

with SC).

* 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

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

Family Courts shall have exclusive original jurisdiction to hear and decide the following
cases:
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
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Children
Includes the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

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.

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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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.

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

EXCLUSIVE jurisdiction over

* Unsound real estate business practices

* Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, dealer, broker, or salesman

* 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.

JURISDICTION OF THE SANDIGANBAYAN

A. ORIGINAL

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

* Officials of executive branch occupying positions classified as Grade 27 or higher,

specifically including:

* Provincial governors, vice-governors, members of the sangguniang panlalawigan and

provincial treasurers, assessors, engineers and other provincial department heads;

* City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,

assessors, engineers and other city department heads;

* Officials of the diplomatic service occupying the position of consul and higher;

* Philippine army and air force colonels, naval captains, and all officers of higher rank;

* Officers of the Philippine National Police while occupying the position of provincial director
and those holding the rank of senior superintendent or higher;
* City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;

* Presidents, directors or trustees, or managers of government-owned or controlled

corporations, state universities or educational institutions or foundations;

* Members of Congress and officials thereof classified as Grade 27 or higher

* Members of the Judiciary, without prejudice to the provisions of the Constitution (on
impeachment)

* Chairmen and members of the Constitutional Commissions, without prejudice to the

provisions of the Constitution

* 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,
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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 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.

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
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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.

SHARI’A DISTRICT COURTS

A. ORIGINAL

a. All cases involving custody, guardianship, legitimacy, paternity and filiation arising
under the Code of Muslim Personal Laws;
b. All cases involving disposition, distribution and settlement of estate of deceased
Muslims, probate of wills, issuance of letters of administration or appointment of
administrators or executors regardless of the nature or aggregate value of the
property;
c. Petitions for the declaration of absence and death for the cancellation or correction
of entries in the Muslim Registries mentioned in Title VI, Book Two of the Code of
Muslim Personal Laws;
d. All actions arising from the customary contracts in which the parties are Muslims, if
they have not specified which law shall govern their relations; and
e. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all other auxiliary writs and processes in aid of its appellate jurisdiction. 2.

B. CONCURRENT
With existing civil courts such as:

a. Petitions by Muslim for the constitution of a family home, change of name and
commitment of an insane person to an asylum;
b. All other personal and legal actions not mentioned in paragraph 1 (d) wherein the
parties involved are Muslims except those for forcible The Philippine Shari’a Courts:
Courts for Muslim 5 entry and unlawful detainer, which shall fall under the exclusive
jurisdiction of the Municipal Circuit Court; and c. All special civic actions for
interpleader or declaratory relief wherein the parties are Muslims or the property
involved belongs exclusively to Muslims. What are the geographical areas.

SHARI’A CIRCUIT COURTS

Offenses defined and punished under PD 1083 z Disputes relating to
: - marriage - divorce - betrothal or breach of contract to marry - customary dower
(mahr) - disposition and distribution of property upon divorce - maintenance and
support and consolatory gifts (mut’a) - restitution of marital rights z Disputes relative
to communal properties.

5.
6.
7. What are the different kinds of pleadings? Define and state their
functions. What is the difference between a pleading and a motion?
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Kinds of pleadings (Rules 6, 7 and 8 of the Rules of Court)

Sec. 3. Complaint

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.

Sec. 4 Answer

An answer is a pleading in which a defending party sets forth his defenses.

Sec. 5. Defenses.

Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the
pleading of the claimant essential to his cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while hypothetically

admitting the material allegations in the pleading of the claimant, would nevertheless
prevent or bar recovery by him. The affirmative defenses include fraud, statute of
limitations, release, payment, illegality, statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other matter by way of confession and avoidance.

Sec. 6. Counterclaim

A counterclaim is any claim which a defending party may have against an opposing
party.

Sec. 7. Compulsory counterclaim.

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
counterclaim may be considered compulsory regardless of the amount.

Sec. 8. Cross-claim

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.

Sec. 9. Counter-counterclaims and counter-cross-claims.

A counterclaim may be asserted against an original counter-claimant.

A cross-claim may also be filed against an original cross-claimant.
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Sec. 10. Reply.

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.

If the plaintiff wishes to interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended or supplemental complaint.

Sec. 11. Third, (fourth, etc.) party complaint.

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.

Sec. 13. Answer to third (fourth, etc.) party complaint.

A third (fourth, etc.) party defendant may allege in his answer his defenses,
counterclaims or cross-claims, including such defenses that the third (fourth, etc.) party
plaintiff may have against the original plaintiff's claim. In proper cases, he may also assert
a counterclaim against the original plaintiff in respect of the latter's claim against the
third-party plaintiff.

Pleadings are the written statements of the respective claims and defenses
of the parties submitted to the court for appropriate judgment. A motion is an
application for relief other than by a pleading.

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

A negative pregnant is a form of negative expression which carries with it an affirmation or at
least an implication of some kind favorable to the adverse party. It is a denial pregnant with an
admission of the substantial facts alleged in the pleading. Where a fact is alleged with
qualifying or modifying language and the words of the allegation as so qualified or modified are
literally denied, has been held that the qualifying circumstances alone are denied while the fact
itself is admitted. (Republic vs. Sandiganbayan, et. al., G.R. No. 152154, July 15, 2003)

Example:

The plaintiff's allegation of his inability to take actual possession of the parcel of land
due to "an unwarranted adverse claim of rights of ownership and possession by the
defendant . . .", followed by an allegation of how such claim was exercised, the defendant's
denial is as to "the materials averments contained in paragraph 4 of the Complaint, . . ."
conjoined with his disclaimer or dominical or possessory rights in the manner alleged in the
complaint.
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9. Define Ultimate Facts

Essential facts constituting the plaintiffs cause of action. A fact is essential

if it cannot be stricken out without leaving the statement of the cause of action
insufficient.

10. What is “Joinder of Issues”

Joinder of causes of action is meant the uniting of two or more demands or

rights of action in one action, the statement of more than one cause of action in a
declaration. It is the union of two or more civil causes of action, each of which
could be made the basis of a separate suit, in the same complaint, declaration or
petition. A plaintiff may under certain circumstances join several distinct
demands, controversies or rights of action in one declaration, complaint or
petition.

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

No, third party defendant is not an original party. Third party defendant
is a person impleaded in a suit by the original defendant.

Jurisdiction is acquired through filing a third party complaint. The

third-party complaint, is a procedural device whereby a ‘third party’ who
is neither a party nor privy to the act or deed complained of by the
plaintiff, may be brought into the case with leave of court, by the
defendant, who acts as third-party plaintiff to enforce against such third-
party defendant a right for contribution, indemnity, subrogation or any
other relief, in respect of the plaintiff’s claim. Rules permit defendant to
bring in a third-party defendant or so to speak, to litigate his separate
cause of action in respect of plaintiff’s claim against a third party in the
original and principal case with the object of avoiding circuitry of action
and unnecessary proliferation of lawsuits and of disposing expeditiously in
one litigation the entire subject matter arising from one particular set of
facts. (Firestone Tire & Rubber Co. of the Phils. v. Tempongko, 27 SCRA
418).