REMEDIAL LAW

JURISDICTION

General Juris vs. Special Juris - Co vs. RCBC intra-corporate

disputes
●
TPI - assessed value
●
RTC Makati - specific performance and damages
●
returned it to the EJ to have it re-raffled bec it involves ICD
●
Raffled it in a commercial court
●
MTD - 2nd court had no juris
●
what is the juris of RTC? -SC
●
RTC had jurisdiction. the matter of the special juris is just an
exercise of juris.
●
RA 7691
●
Luis Gonzalez vs JJH Land
○
if no more commercial court in a certain judicial station, it
will be assigned to the nearest judicial station thru the
OCA.

CONTINUING JURISDICTION

●
Writ of Continuing Mandamus MMDA Case
○
while there is already a judgment on the case, the court
can see the progress report of the gov’t agency which has
been the subject of a continuing mandamus.
○
it is not an encroachment of the Exec. Dept, bec it is
already a fina & exec jdugment and the court has the
power to see to it that the judgment has been satisfied and
performed.

RESIDUAL JURISDICTION
●
when the court already renders a final judgment and the
losing party files a notice of appeal. in that case, the appeal
is perfected and the records are to be forwarded to the
appellate court.
●
if the records have not yet been forwarded to the next level
courts, the lower court may still act on matters involving
compromise, execution pending appeal, application as
indigent or any order that would affect the rights of the
parties.

ORIGINAL AND APPELLATE JURIS

Summary Proc
not exceeding 100/200

Small Claims
not exceeding 300/400

ORIGINAL AND CONCURRENT JURIS = HIERARCHY OF

COURTS

ORIGINAL JURISDICTION OF THE SC

●
constitutionality of a law, treaty, ordinance, tax impositions
●
actions against ambassadors, consuls

APPELLATE
●
Petition of Review on Certiorari - Rule 45 - pure questions of
law

WRIT OF HABEAS CORPUS Labrador vs. Paredes

●
the accused was absent during the promulgation of his
sentence. therefore, he forfeits all the remedies provided for
him by the law. unless when it is a light offense then the
accused is not required to be present there at.
●
the counsel of the accused availed of various post conviction
remedies which are civil in nature and therefore not
applicable to crim cases such as motion for NT, petition for
relief.
●
they went to SC.
○
Re: jurisdiction - GR: The court will not entertain petition
for a writ of HC as a post conviction remedy esp when the
accused did not appear during the promulgation because
his detention is for a lawful process because he is already
convicted. Writ of HC is only for illegal detention or
confinement
○
XPN: 1. Violation of a consti right
2. Court had no juris to impose the sentence
3. imposed penalties has been excessive, thus avoiding
the sentence as to the excess.

CIR VS. SEC OF JUSTICE AND METROPOLITAN CEBU WATER

DISTRICT (2018)
●
the case is bet the BIR and eventually the CIR for the
assessment of tax deficiencies of Cebu water district.
●
If there is a dispute between 2 instrumentalities of the
government, the juris is with the Sec. of Justice according to
●

the Admin Code

MUNEZ VS. PEOPLE (JURISDICTION)

●
if a court rendered judgment on a case involving RA 3019.
where will you appeal, CA or SB?
○
SB has juris

MILLER CASE (2019)

●
Juris of R108
●
the petitioners (original family) want to seek the correction of
the child miller’s family name because she was not allegedly
recognized and acknowledged by the putative father.
●
Sc held that what the petitioners seek is not a mere clerical
change it is not a simple matter of correcting a single letter in
her surname due to mis spelling, rather private respondents
filiation will be gravely affected as changing her family
name will change her status, not only her identity but also
her successional rights.
○
legitimacy and filiation can only be questioned in a direct
action and not thru a collateral attack.

JURIS OVER PERSON OF THE PLAINTIFF

●
filing of complaint and payment of filing fees (R141)
●
however, when the plaintiff relied in good faith on the
assessment of filing fees made by the coc and made
payment relying on such assessment, the case should not be
dismissed, but the coc should make a re-assessment.
●
there must be no FRAUD

SUN INSURANCE CASE (FF)

●
if the payment of filing fees is insufficient, you have to pay it
within the reglementary period (to appeal) or prescriptive
period (10, 6 yrs)
●
no dismissal if there was no fraud
●
lien on judgment award - if it is awarded by the court, in case
of an indigent party, in crim cases R111 S1par 3

MANCHESTER CASE (FF)

●
there was bad faith and intent to defraud the gov’t

EXEMPT FROM FF
– writ of amparo, kalikasan, continuing mandamus, Citizen suit

- deferred payment

INCAPABLE OF PECUNIARY ESTIMATION AS TO FILING FEES

RUBY SHELTER CASE
●
Annulment of Deed of Sale
○
however, the ultimate objective of the case is to affect TPI
or recover property
○
therefore, the ff is based on td, zonal value whichever is
higher or in the absence, the amount alleged in the
complaint. Based on the value of the property

●
if the amount of the property is not alleged in the complaint,
you have to look into the attachments of the complaint it
being an integral part of the complaint.

INDIGENT
– whether his income is sufficient for food, shelter and basic

necessities
– if the plaintiff who is not found to be an indigent, the court

may issue a writ of execution for the collection of filing fees

and if he refused, it can be dismissed under R17, refusal to
obey order of the court

INCAPABLE OF PECUNIARY ESTIMATION

CASE: Specified Contractors Dev’t vs Pobocan (2018) - SUIT

FOR SPECIFIC PERFORMANCE
●
the architect/contractor somehow became an industrial
partner and that the owner of the condo corp promised to
him that he will be given a condo unit.
●
he filed a specific performance case to compel the owner to
convey the condo unit to him
●
SC held that the transfer of the property to the architect will
just be an incident of the principal action which is to
determine if indeed there was an agreement in the contract.
●
therefore, it was a personal action - specific performance, not
to transfer property - RTC has juris
●
if there is an agreement, whether it was timely filed - oral - 6
yrs, written - 10
●
DETERMINE IF WHAT KIND OF ACTION - personal/real
action

Non-payment of filing fees is jurisdictional - therefore, can be a

subject to a MTD

JURIS OVER PERSON OF THE DEFENDANT

●
proper service of summons
●
once summons has been issued to the coc, it is effective until
recalled.
●
Voluntary appearance
●
you cannot use as a ground of MTD lack of juris over person
of the defendant but you can file it as an affirmative defense.

ESTOPPEL ON THE ISSUE OF JURISDICTION

●
as a GR, a party may raise the issue on the jurisdiction even
for the first time on appeal.
●
However, the exception is that the party shall be estopped to
invoke the issue on jurisdiction on appeal after actively
taking part on the case and after the court rendered adverse
jurisdiction on his case.

PRIMARY JURIS
●
to have a recourse first on the proper quasi-judicial agency

EXHAUSTION OF ADMINISTRATIVE REMEDIES

WRIT OF KALIKASAN AND CITIZEN SUIT

●
In a petition for Writ of kalikasan, the prior 30 days notice
rule is not applicable, you can go directly to court
●
Writ of kalikasan can only be filed in CA and SC
●
Citizen Suit - in the regular courts

PRESUMPTIVE DEATH
Matias vs. Republic
●
the wife is married to a soldier
●
he wants to file for a declaration of presumptive death to
obtain benefits from the death of his husband
●
the court granted it citing Art. 41 of the FC
●
SC held that the RTC held in declaring the presumptive
death of wilfredo under Art. 41. Bec the reason of the wife to
declare the presumptive death of his husband is not for
purposes of remarriage but for purposes of Art 391 of the
CC.
●
it just a matter of evidence under the Rule on Evidence that
when the person is unheard for a couple of years, he will be
presumed dead (7, 10 yrs)
●
no need to go to court for purposes of presumptive death

CASE: PETER SO VS PDIC

●
Any decision made by the PDIC shall be filed before the CA
on the ground of GAD. Quasi-judicial body - CA R64
INDIGENOUS PEOPLE
CASE: TUNGED VS. STA LUCIA REALTY (2018)
●
A case filed by the IP before the RTC to enjoin or to stop the
earth worming activities conducted by the Sta Lucia Realty
bec it is their ancestral land.
●
court dismissed bec it is the NCIP which has juris
●
SC held that no. NCIP’s juris is a dispute between IP
belonging to same tribe after seeking reconciliation with
their customary laws

ACTIONS IN REM/QUASI/PERSONAM
●
A matter of venue
●
pertains to the effects of judgment
○
as to in rem - affects the whole world
○
personam - only the parties
○
quasi in rem - there is a designated offender. ex. nullity of
marriage

RULE 1 - GEN PROVISIONS

LIBERAL APPLICATION OF THE RULES

●
No doctrinal ruling when it comes to non-compliance of the
rule, it is a case to case basis. depends on the surrounding
circumstances.

RULE 2 CAUSE OF ACTION

●
Definition
●
Requisites
●
Diff between failure to state COA or lack of coa
●
The pleading asserting the claim states no coa -
AFFIRMATIVE DEFENSES
●
CASE: A complaint whose coa has not yet accrued cannot be
cured by an amendment or a supplemental pleading
alleging the existence or accrual of a coa. (In relation to R10
in amendments which states that if an amendment introduces
a coa which in the outset of the complaint has no coa, cannot
be a basis of an amendment with leave of court.

The pleading asserting the claim states no COA Lack of COA

Whether of not the court can render a judgment based on You will only know whether there is lack of coa after
the allegations without looking to the evidence presentation of evidence. So you need to look at the
evidence first.
Can be raised as an affirmative defense. Cannot be used as an affirmative defense.

●
Sufficiency of coa
 ○
if the court can render judgment based on the minimum
allegations in the complaint
●
SPLITTING COA
○
Requisites:
◆
same parties or at least represents the same interests
◆
same subject matter
◆
same relief
◆

○
Effect: litis pendentia and res judicata
○
Cruz vs Tolentino
◆
1st case: Annulment of sale with injunction filed by Cruz
against Tolentino
◆
2nd case: Registration of Sale filed by Tolentino
○
different kinds of res judicata/litis pendetia
◆
forum shopping - same cause of action, same prayer,
previous case having been resolved (res judicata),
○
Chua Case: 1st case: annulment of public auction sale and
cert of sale
◆
2nd case: Annulment on the judgment of foreclosure sale
◆
there is forum shopping in this case
●
one suit for single coa

JOINDER OF CAUSES OF ACTION - PERMISSIVE

●
A party may have as many causes of action against another
party whether in the alternative or otherwise
○
it must comply with rules on joinder of parties
○
does not include special rules
◆
if for ex you have 3 claims 250k,500k,1M. although 250k
falls under small claims, since it is not yet filed before the
courts, you will still have the option to either file it as
small claims or to join it under the TOTALITY RULE.