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  • 2018 Preweek Remedial Law

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    Dennis Shongi
    47 Ansichten66 Seiten
    2018 Preweek Remedial Law

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    2018 Preweek Remedial Law

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    © All Rights Reserved
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    47 Ansichten66 Seiten

    2018 Preweek Remedial Law

    Hochgeladen von

    Dennis Shongi
    2018 Preweek Remedial Law

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 66
    SAN BEDA UNIVERSITY COLLEGE sS/ 2018 CENTRALIZED BAR OPERATIONS _ PRE-WEEK NOTES REMEDIAL LAW REMEDIAL LAW 2010 PRe-WEEK NOTES CIVIL PROCEDURE GENE SIPLES What is the Principle of Judicial Hierarchy? ‘The principle provides that lower courts shall initially decide a case before it is consideced by a higher court. A higher court will not entertain direct resort to it unless the redress desired cannot be obtained inthe appropriate courts (Saniiago Vasque, G.R. No. 9289-90, January 27, 1995) Is the Principle of Judicial Hierarchy absolute?” 'NO. i sevefal cases, the court has allowed direct invocation ofthe Supreme Court's original jurisdiction om the following grounds: (SWINE) ‘Special and important reasons clearly stated inthe petition; When dictated by public Welfare and the advancement of public policy; ‘When demanded by the broader Interest of justice; When the challenged orders were patent Nollties; or When analogous Exceptional and compelling circumstances called for and justified the immediate and direct « , andling of the case (Republic w. Caguioa, O.R. No, 174985, February 20,2013) prose 3. Differentiate error of judgment from error of jurisdiction. ‘An error of judgments one whic the court may comin the exrtise of is justin and reviewable by appeal ‘When the court has jurisdiction, an error ‘The judgment cannot be considered mullity and therefore cannot be collaterally impeached 4s unless reversed or ainylled, ‘or with grave abuse of discretion, . isdltion and which error is comecible only by the extraordinary wait of confers ao right and affords no Sancigaibayan, GR No. 173396, Sep 4. What is the Doctrine of Non-Int It provides that courts of equal and os reviewing, or interfering with the ju smor v. Salas, GR. No. 101041, November 13, over the property levied upon, the claimant 1991), However, when a third-party. 0 may stop the execution ofthe judgaent ‘may Vindieate his claim by an indep ‘on property net belonging to hima Sant 5. How is juridiction determined? Jurisdiction over the subject matter is determined by the allegations ofthe complaint regardless of whether the plaintifFis entitled tothe claims asserted therein Suinny Motors Sale, Inc. CA, G. R.No, 1900, August 16, 2001) Its not determined by: (CEDE) ‘a. Consent or agreement ofthe parties; b. Bytthe Evidence in the til: . ThieDefenss in the answer or motion to disiniss (exception: defense of tenancy); ot 4, ByEstoppel Tolentino v. CA, GR. No. 123445, October 6 1997). 6: X{iled before the RTC a Complaint for Damages against Y fr uttering malicious words and accusing her to be coddling suspects in a killing. X prayed that ¥ be held liable to pay moral damages in the amount of P300,000; P50,000 as exemplary damages; P50,000 attorney's fees; P20,000 litigation expenses; and costs of suit. Y filed a Motion to Dismiss on the ground that it was the MIC that Kad jurisdiction ‘over th case. Y argued that the amount of the claim for moral damages was not more than the jurisdictional amount of P400,000, becanse the claim for exemplary dimages should be excluded in comiputing the total claim. RTC denied the motion to dismiss citing that the total claim of respondent amounted to 420,000 which was above the jurisdictional amount. Is the RTC correct? YES. In cases where the cli for éamages is the main cause of action, or dne of the eauses of action, the amount of such lai shall be considered in determining the jurisdiction ofthe cont. I is clear, based on the allegations ofthe complaint “that X's main action is for damages, Hence,the other forms of damages being claimed by X, eg, exemplary damages, ‘atfotney's fees, and litigation expenses, are not merely. incidental to‘or consequences.of the main action but constitute the primaty relief prayed for in the complaint. Considering thatthe total amount of damages claimed was P420,000, the RTC thas jurisdiction over the case (Sante v. Claravall, GR. No. 173815, February 22, 2010). £2018 SAN BEDA CENTRAL.ZED BAA OPERATIONS | 1 2018 PRE-WEEKCNOTES REMEDIAL LAW” 7. X filed against ¥ a Complaint for Declaration of Nality of Documents, Recovery of Shares, and Partition with the RIC. ¥ filed a Motion to Dismiss contending that the RTC has no jurisdiction to try the case on the ground that, asthe case involves tile to or possession of real property or any intrest therein and since the seeceed value ofthe subject property does not exceed 20,000.00 (the same being only #11,90.00, the ation als within the jurtsdition ofthe MIC. The RTC granted V's Motion to Dismiss: the RTC corseet? NO. To determine ifan action is one capable of pecuniary estimation, the nature ofthe principal action or remedy sought ust be aserained If is primarily forthe rcovery ofa sum of money, the claim is considered capable of pocusiogy estimation, However, where the basic issue i something other than the it to recover a tum of movey, he Uhere money caim is purely incidental to, ora consequence ofthe principal lief sough, the Court has conned sock celine as incapable of pecuniary estimation, and thus, cognizable by the RIC. Her it isa case of oinder of cases of coun wick

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