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LUCIANO, NOEL CHRISTIAN O.
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TABLE OF CONTENTS
rule page
INTRODUCTION 4
Rule 1 16
General Provisions
Rule 2 24
Cause of Action
Rule 3 34
Parties to Civil Actions
Rule 4 47
Venue of Actions
Rule 5 53
Uniform Procedure in Trial Courts
Rule 6 59
Kinds of Pleadings
Rule 7 70
Parts of a Pleading
Rule 8 78
Manner of Making Allegations in Pleadings
Rule 9 87
Effect of Failure to Plead
Rule 10 94
Amended and Supplemental Pleadings
Rule 11 102
When to File Responsive Pleadings
Rule 12 107
Bill of Particulars
Rule 13 111
Filing and Service of Pleadings, Judgments, and other Papers
Rule 14 120
Summons
Rule 15 133
Motions
Rule 16 137
Motion to Dismiss
Rule 17 147
Dismissal of Actions
Rule 18 153
Pre-Trial
Rule 19 163
Intervention
Rule 20 167
Calendar of Cases
Rule 21 170
Subpoena
Rule 22 174
Computation of Time
Rule 23 177
Depositions Pending Action
Rule 24 188
Depositions Before Action or Pending Appeal
Rule 25 191
Interrogatories to Parties
Rule 26 194
Admission by Adverse Party
Rule 27 198
Production or Inspection of Documents of Things
Rule 28 201
Physical and Mental Examination of Persons
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INTRODUCTION
GENERAL PRINCIPLES
Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
A. Substantive Law – creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action
B. Remedial Law – prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts
SUBSTANTIVE LAW REMEDIAL LAW It is that part of the law which
creates, defines, or regulates rights, concerning life, liberty
or property or the powers of agencies or instrumentalities for the administration of public
affairs
It refers to the legislation providing means or methods whereby causes of action may
be effectuated, wrongs redressed, and relief obtained It is also called Adjective Law It makes vested rights possible It has no vested rights
It is prospective in application It governs acts and transactions which took place (retroactive) It cannot be enacted by the SC The SC is expressly empowered to promulgate procedural rules
RULE MAKING POWER OF THE SUPREME COURT
Judicial Power includes the duty of the courts of justice to settle actual controversies involving rights, which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government (Sec. 1, Art. VIII, 1987 Constitution)
The power of judicial review is the SC’s power to declare a law, treaty, international or executive agreement, presidential decree, proclamation, order, instruction, ordinance, or regulation unconstitutional
Sec. 5(5), Art. VIII, of the 1987 Constitution provides that that the Supreme Court shall have the power to:
a. promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts;
b. admission to the practice of law; c. the Integrated Bar;
d. and legal assistance to the underprivileged LIMITATIONS OF THE RULE-MAKING POWER
OF THE SUPREME COURT
1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases
2) They shall be uniform for all courts of the same grade
3) They shall not diminish, increase, or modify substantive rights.
4) The power to admit attorneys to the Bar is not an arbitrary and despotic one but is the duty of the court to exercise and regulate it by a sound and judicial discretion.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court
POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES
When compelling reasons so warrant or when the purpose of justice requires it
- Discretionary upon courts. Reasons that would warrant the suspension:
1. The existence of special or compelling circumstances; 2. Merits of the case;
3. Cause not entirely attributable to the fault or negligence of The party favored by the suspension of rules
4. A lack of showing that the review sought is merely frivolous and dilatory;
5. The other party will not be unjustly prejudiced thereby. Other reasons
1. Where substantial and important issues await resolution. 2. When transcendental matters of life, liberty or state
security are involved.
The constitutional power of the Supreme Court to promulgate rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court.
NATURE OF PHILIPPINE COURTS
Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal. What is a Court:
a. It is an organ of government belonging to the judicial department the function of which is the application of the laws to the controversies brought before it as well as the public administration of justice.
b. It is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the State enforces its sovereign rights and powers.
c. It is a board or tribunal which decides a litigation or contest.
COURT DISTINGUISHED FROM A JUDGE
COURT JUDGE
A tribunal officially assembled
under authority of law An officer of such tribunal An organ of the government
with a personality separate from the person or judge
The judge is the one who “sits” in court
A being in imagination
comparable to a corporation A physical and natural person May be considered an office A public officer
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CLASSIFICATION OF PHILIPPINE COURTS
Regular courts engaged in the administration of justice are organized into 4 levels:
A. FIRST LEVEL (MTCs, MeTCs, MCTCs) – which try and decide: 1. Criminal actions involving:
a. Violations of city or municipal ordinances committed within their respective territorial jurisdiction; and b. Offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine and regardless of other imposable accessory or other penalties, and
2. Civil actions including: a. Ejectment Cases (Feud)
b. Recovery of personal property with a value of not more than P300,000 outside Metro Manila (MM) or does not exceed P400,000 in MM
B. SECOND LEVEL (RTCs, Family Courts)
1. Courts of general jurisdiction – among the civil actions assigned to them by law are those in which the subject of litigation is:
a. Actions incapable of pecuniary estimation
b. Actions involving title to or possession of real property where the assessed value of the property exceeds P20,000 outside MM or exceeds P50,000 in MM
c. Where the demand exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and cost, or the value of the personal property or controversy exceeds P300,000 outside MM or exceeds P400,000 in MM
2. Exercise appellate jurisdiction – review cases appealed from courts of the first level
C. THIRD LEVEL (CA, Sandiganbayan) 1. CA is an appellate court
a. Reviewing cases appealed to it from the RTC on questions of fact or mixed questions of fact and law b. Decisions of the RTC in the exercise of its original
jurisdiction
(1) As a matter of right (2) As a matter of discretion
c. Occasionally, CA may act as a trial court, as in actions praying for the annulment of final and executory judgments of RTCs on the ground of extrinsic fraud subsequently discovered, against which no other remedies lies
2. Sandiganbayan has jurisdiction: a. Over all criminal cases involving:
(1) Graft and corrupt practices act
(2) Such other offenses committed by public officers and employees including those in GOCCs in relation to their office
b. It also has exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs whether in the exercise of their own original or appellate jurisdiction over criminal and civil cases committed by public officers or employees including those in GOCCs in relation to their office
D. FOURTH LEVEL – Supreme Court
COURTS OF ORIGINAL AND APPELLATE JURISDICTION A court is one with ORIGINAL jurisdiction when actions or proceedings are originally filed with it
A court is one with APPELLATE jurisdiction when it has the power of review over the decisions of a lower court
Discussion on the different courts:
1. MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate jurisdiction
2. RTCs (see Sec. 22, BP129)
a. Court of original jurisdiction with respect to cases originally filed with it
b. Court of appellate jurisdiction with respect to cases decided by MTCs within its territorial jurisdiction. 3. CAs (See Sec. 9, BP 129)
a. Primarily a court of appellate jurisdiction with competence to review judgments of the RTCs and specified quasi-judicial agencies
b. It is also a court of original jurisdiction with respect to cases filed before it involving issuance of writs of certiorari, mandamus, quo warranto, habeas corpus, and prohibition
c. It is also a court of original and exclusive jurisdiction over actions for annulment of judgments of RTCs 4. SC
a. Fundamentally a court of appellate jurisdiction b. But it may also be a court of original jurisdiction over
cases affecting ambassadors, public ministers and consuls, and in cases involving petitions for certiorari, prohibition and mandamus
c. Note that the SC en banc is not an appellate court to which decisions or resolutions of a division of the Supreme Court may be appealed
SUPERIOR AND INFERIOR COURTS
Superior courts refer to those courts which have the power of review or supervision over another lower court
Inferior courts are those which, in relation to another, are lower in rank and subject to review and supervision of the latter
COURTS OF RECORD
Those whose proceedings are enrolled and which are bound to keep a written record of all trials and proceedings handled by them
- RA 6031 mandates all MTCs to be courts of record COURTS OF GENERAL AND SPECIAL JURISDICTION Courts of GENERAL JURISDICION are those with competence to decide on their own jurisdiction and to take cognizance of all cases, civil and criminal, of a particular nature
Courts of SPECIAL (LIMITED) JURISDICTION are those which have only a special jurisdiction for a particular purpose or are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind
Note: A court may also be considered general if it has the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions. It is in the context that the RTC is considered a court of general jurisdiction
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CONSTITUTIONAL AND STATUTORY COURTS
A CONSTITUTIONAL court is one created by a direct Constitutional provision. Cannot be abolished by Congress without amending the Constitution
- E.g. – SC which owes its creation from the Constitution - Only the SC is a constitutional court
A STATUTORY court is one created by law other than the Constitution. May be abolished by Congress by just simply repealing the law which created those courts
- All courts except the SC are statutory
- The SB was not directly created by the Constitution but by law pursuant to a constitutional mandate
COURTS OF LAW AND COURTS OF EQUITY
Courts of Law – a court of law decides a case according to the existing laws
Courts of Equity – a court of equity adjudicates a controversy according to the common precepts of what is right and just without inquiring into the terms of the statutes
Note: In the Philippines, every court both original and appellate, exercise both the legal and equitable jurisdiction (US v. Tamparong)
PRINCIPLES AND DOCTRINES
PRINCIPLE OF JUDICIAL HIERARCHYThis is an ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. This is an established policy necessary to avoid inordinate demands upon the Court’s time and attention which are better devoted to those matters within its exclusive jurisdiction, and to preclude the further clogging of the Court’s docket (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the Philippines).
A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts
The SC is a court of last resort. It cannot and should not be burdened with the task of deciding cases in the first instances. Its jurisdiction to issue extraordinary writs should be exercised only where absolutely necessary or where serious and important reasons exist
The doctrine of hierarchy of courts may be disregarded if warranted by the nature and importance of the issues raised in the interest of speedy justice and to avoid future litigations, or in cases of national interest and of serious implications. Under the principle of liberal interpretations, for example, it may take cognizance of a petition for certiorari directly filed before it.
While it is true that the SC, CA, and RTC have concurrent original jurisdiction to issue writs of Certiorari, Prohibition, and Mandamus, Such concurrence does not accord litigants unrestrained freedom of choice of the court to which the application for the writ may be directed. Application should be filed with the court of lower level. Unless the importance of the issue involved deserves the action of the court of higher level.
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. Thus, the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review.
This doctrine applies with equal force to administrative bodies. When the law provides for an appeal from the decision of an administrative body to the SC or CA, it means that such body is co-equal with the RTC and logically beyond the control of the latter. General Rule: No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court
Exception: The doctrine of judicial stability does not apply where a third party claimant is involved
DOCTRINE OF ADHERENCE TO JURISDICTION Or CONTINUITY OF JURISDICTION
Once jurisdiction has been acquired the court retains it until the final termination of the case
General Rule: Law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases prior to its enactment.
Exceptions:
1. When the new law expressly provides for a retroactive application
2. When the change of jurisdiction is curative in character EXCLUSIONARY PRINCIPLE
The court first acquiring jurisdiction excludes all others DOCTRINE OF PRIMARY JURISDICTION
Under this doctrine, courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal. Especially where the question demands the exercise of sound administrative discretion requiring the special knowledge and experience of said tribunal in determining technical and intricate matters of fact
DOCTRINE OF ANCILLARY JURISDICTION
It involves the inherent or implied powers of the court to determine issues incidental to the exercise of its primary jurisdiction.
Under its ancillary jurisdiction, a court may determine all questions relative to the matters brought before it, regulate the manner in which a trial shall be conducted, determine the hours at which the witnesses and lawyers may be heard, direct the disposition of money deposited in court in the course of the proceedings, appoint a receiver and grant an injunction, attachment or garnishment.
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JURISDICTION
Jurisdiction- Latin: ‘juris’ and ‘dico’ – I speak of the law
- Is the power and authority of a court to try, hear, and decide a case and to carry its judgment into effect REQUISITES FOR THE VALID EXERCISE OF JURISDICTION 1. That it must have jurisdiction over the persons of the parties
a. Jurisdiction over the person of the plaintiff – it is acquired the moment he files his complaint, petition, or initiatory pleading
b. Jurisdiction over the person of the defendant – it is acquired either by:
(1) Voluntary appearance in court and his submission to its authority, or
(2) By service of summons or other coercive process upon him
2. That it must have jurisdiction over the subject matter of the controversy
a. Jurisdiction over the subject matter is determined by the allegations made in the complaint
b. It is conferred by law and not by the voluntary act or agreement of the parties
c. GENERAL RULE: lack of jurisdiction over the subject matter of an action cannot be waived by the parties and may be raised at any stage of the proceeding, the court being authorized to dismiss the case motu proprio d. EXCEPTIONS:
(1) Estoppel by laches
(2) Estoppel in pais – where defendant actively participated in all stages of the proceedings before the trial court and invoked its authority by asking for an affirmative relief
e. Note that jurisdiction is governed by the law at the time the action is commenced
3. That it must have jurisdiction over the res (thing or property under litigation)
a. It is acquired either by:
(1) The seizure of the property under legal process or (2) As a result of the institution of legal proceedings, in
which the power of the court is recognized and made effective
4. That it must have jurisdiction over the issues
a. As raised in the pleadings or by their agreement in a pre-trial order or those tried by the implied consent of the parties
CLASSIFICATION OF JURISDICTION A. As to cases tried
1. General jurisdiction – exercised over all kinds of cases, except those withheld from the plenary powers of the court
2. Limited jurisdiction – exercised over and extends only to particular or specified cases
B. As to nature of the cause:
1. Original jurisdiction – exercised by courts in the first instance
2. Appellate jurisdiction – exercised by a superior court to review and decide cases previously decided by a lower court now elevated for judicial review
C. As to nature and extent of exercise
1. Exclusive jurisdiction – confined to a particular court to the exclusion of other courts
2. Concurrent jurisdiction – pertaining to different courts over the same subject matter at the same time and place. When 2 or more courts have concurrent jurisdiction over the case, the court which has first validly acquired jurisdiction takes it to the exclusion of the others (confluent or coordinate jurisdiction)
D. As to situs
1. Territorial jurisdiction – exercised within the limits of the place where the court is located
2. Extra-territorial jurisdiction – exercised beyond the confines of the territory where the court is located
JURISDICTION OVER THE PARTIES Notes:
- The manner by which the court acquires jurisdiction over the parties depends on whether the party is the plaintiff or the defendant
- Jurisdiction over the plaintiff is acquired by his filing of the complaint or petition. By doing so, he submits himself to the jurisdiction of the court.
- Jurisdiction over the person of the defendant is obtained either by a valid service of summons upon him or by his voluntary submission to the court’s authority.
- The mode of acquisition of jurisdiction over the plaintiff and the defendant applies to both ordinary and special civil actions like mandamus or unlawful detainer case Jurisdiction over the plaintiff – acquired when the action is commenced by the filing of the complaint. This presupposes payment of the docket fees
Jurisdiction over the defendant – required only in an action in personam; it is not a prerequisite in an action in rem and quasi in rem
- In an action in personam, jurisdiction over the person is necessary for the court to validly try and decide the case, - While in a proceeding in rem or quasi in rem, jurisdiction
over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided the latter has jurisdiction over the res
By voluntary appearance of the defendant, without service of summons or despite a defective service of summons
- The defendant’s voluntary appearance in the action shall be equivalent to service of summons
Instances when appearance of defendant is not tantamount to voluntary submission to the jurisdiction of the court:
1. When defendant files the necessary pleading;
2. When defendant files motion for reconsideration of the judgment by default;
3. When defendant files a petition to set aside the judgment of default;
4. When the parties jointly submit a compromise agreement for approval of the court;
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5. When defendant files an answer to the contempt charge; 6. When defendant files a petition for certiorari without
questioning the court’s jurisdiction over his person. JURISDICTION OVER THE SUBJECT MATTER
It is the power to deal with the general subject involved in the action, and means not simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case belongs. It is the power or authority to hear and determine cases to which the proceeding is question belongs.
When a complaint is filed in court, the basic questions that ipso facto are to be immediately resolved by the court on its own:
a. What is the subject matter of their complaint filed before the court?
b. Does the court have jurisdiction over the said subject matter of the complaint before it?
Answering these questions inevitably requires looking into the applicable laws conferring jurisdiction.
JURISDICTION v. EXERCISE OF JURISDICTION
Jurisdiction is the power or authority of the court. The exercise of this power is the exercise of jurisdiction.
- The exercise includes the court’s decision and its consequences
ERROR OF JURISDICTION v. ERROR OF JUDGMENT Error of Jurisdiction -- One where the act complained of was issued by the court without or in excess of jurisdiction; it occurs when:
1. The court exercises a jurisdiction not conferred upon it by law; or
2. When the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack or jurisdiction
Error of Judgment – One which the court may commit in the exercise of its jurisdiction
- As long as the court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than mere errors of judgment. Errors of judgment include errors of procedure or mistakes in the court‘s findings
Errors of judgment are correctible by appeal; errors of jurisdiction are correctible only by the extraordinary writ of certiorari. Any judgment rendered without jurisdiction is a total nullity and may be struck down at any time, even on appeal; the only exception is when the party raising the issue is barred by estoppel
ERROR OF JURISDICTION ERROR OF JUDGMENT One where the court, officer, or
quasi-judicial body acts without or in excess of jurisdiction, or with grave
abuse of discretion
One that the court may commit in the exercise of its jurisdiction, it includes error of
procedure or mistakes in the court’s findings It renders judgment void or at
least voidable Such an error does not make the court’s decision void Correctible by certiorari Correctible by appeal
HOW JURISDICTION IS CONFERRED AND DETERMINED Notes:
- “Jurisdiction is a matter of substantive law because it is conferred by law” – refers only to jurisdiction over the subject matter
- Jurisdiction over the parties, the issues, and the res, are matters of procedure
The test of jurisdiction is whether the court has the power to enter into the inquiry and not whether the decision is right or wrong It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in the case.
- If the court finds that it has jurisdiction, it is the duty of the court to exercise the jurisdiction conferred upon it by law and to render a decision in a case properly submitted to it. - It cannot decline to exercise its jurisdiction. Failure to do
so may be enforced by way of mandamus proceeding. Note: Jurisdiction over the subject matter is conferred by substantive
law which may either be a Constitution or statute; while jurisdiction
over the subject matter is determined by the allegations of the
complaint regardless of whether or not the plaintiff is entitled to the
claims asserted therein. Applicable doctrines:
1. Doctrine of Primary Jurisdiction – Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact
2. Doctrine of Adherence of Jurisdiction – Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. This principle also means that once jurisdiction has attached, it cannot be ousted by subsequent happenings or events and retains that jurisdiction until it finally disposes of the case
OBJECTION TO JURISDICTION OVER THE SUBJECT MATTER When it appears from the pleadings or evidence on record that the court has no jurisdiction over the subject matter, the court shall dismiss the same. (Sec. 1, Rule 9)
The court may on its OWN INITIATIVE object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction
Jurisdiction over the subject matter may be raised at any stage of the proceedings, even for the first time on appeal. When the court dismisses the complaint for lack of jurisdiction over the subject matter, it is common reason that the court cannot remand the case to another court with the proper jurisdiction. Its only power is to dismiss and not to make any other order.
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EFFECT OF ESTOPPEL ON OBJECTION TO JURISDICTION The active participation of a party in a case is tantamount to recognition of that court’s jurisdiction and will bar a party from impugning the court’s jurisdiction. The general rule remains: a court’s lack of jurisdiction may be raised at any stage of the proceedings even on appeal. The Sibonghanoy applies only to exceptional circumstances.
Doctrine of estoppels by laches (in relation to objections to
jurisdiction) = the SC barred a belated objection to jurisdiction that
was raised only after an adverse decision was rendered by the court against the party raising the issue of jurisdiction and after seeking affirmative relief from the court and after participating in all stages of the proceedings.
The SC frowns upon the undesirable practice of submitting one’s case for decision, and then accepting the judgment only if favorable, but attacking it for lack of jurisdiction if it is not.
JURISDICTION OVER THE ISSUES
It is the power of the court to try and decide issues raised in the pleadings of the parties.
An issue is a disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision. Where there is no disputed point, there is no issue.
Generally, jurisdiction over the issues is conferred and determined by the pleadings of the parties. The pleadings present the issues to be tried and determine whether or not the issues are of fact or law.
a) may also be determined and conferred by stipulation of the parties as when in the pre-trial, the parties enter into stipulations of facts and documents or enter into agreement simplifying the issues of the case.
b) may also be conferred by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. Here the parties try with their express or implied consent or issues not raised by the pleadings. The issues tried shall be treated in all respects as if they had been raised in the pleadings.
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION Jurisdiction over the res refers to the court’s jurisdiction over the thing or the property which is the subject of the action.
Jurisdiction over the res may be acquired by the court
1) by placing the property or thing under its custody (custodia legis) (the seizure of the thing under legal process whereby it is brought into actual custody of law). Example: attachment of property.
2) through statutory authority conferring upon it the power to deal with the property or thing within the court’s territorial jurisdiction (institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective). Example: suits involving the status of the parties or suits involving the property in the Philippines of non-resident defendants.
JURISDICTION OF THE METROPOLITAN TRIAL
COURTS and MUNICIPAL TRIAL COURTS
JURISDICTION OF THE MTCs IN CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION
1) If the amount involved does not exceed P300,000 outside MM or does not exceed P400,000 in MM in the following cases:
a) Actions involving personal property
b) Probate Proceeding (testate and intestate) based on gross value of the estate
c) Admiralty and maritime cases d) Demand for money
Note: Do not include Interest, Damages of whatever
kind, Attorney’s fees, Litigation Expenses, and Costs (IDALEC). However, in cases where the claim or damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.
2) Actions involving title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000 outside MM or does not exceed P50,000 in MM
3) Inclusion and exclusion of voters
4) Those governed by the Rules on Summary Procedure a) Forcible entry and unlawful detainer (FEUD)
With jurisdiction to resolve issue of ownership to determine ONLY issue of possession (provisional
only)
Irrespective of the amount of damages or unpaid rentals sought to be recover
Where attorney’s fees are awarded, the same shall not exceed P20,000
b) Other civil cases, except probate proceeding, where the total amount of the plaintiff’s claim does not exceed P200,000 in MM, exclusive of interests and costs.
SPECIAL JURISDICTION over petition for writ of habeas corpus OR
application for bail in criminal cases in the absence of all RTC judges in the province or city
DELEGATED JURISDICTION to hear and decide cadastral and land
registration cases where there is no controversy over the land or in case of contested lands, the value does not exceed P100, 000 =
appealable to the CA
1st level courts:
a. Metropolitan Trial Court – Metro Manila; b. Municipal Trial Courts in Cities – situated in cities c. Municipal Circuit Trial Court – composed of multi-sala d. Municipal Trial Courts – in one municipality
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JURISDICTION OVER SMALL CLAIMS,
SUMMARY PROCEDURE, AND
BARANGAY CONCILIATION
JURISDICTION OVER SMALL CLAIMS1) MTCs, MeTCs and MCTCs shall have jurisdiction over actions for payment of money where the value of the claim does not exceed
P100,000 exclusive of interest and costs (Sec. 2, AM 08-8-7-SC,
Oct. 27, 2009). 2) Actions covered are
a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and
b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 (Sec. 4, AM 08-8-7-SC).
These claims may be:
a) For money owed under the contracts of lease, loan, services, sale, or mortgage;
b) For damages arising from fault or negligence, quasi-contract, or contract; and
c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim pursuant to Sec. 417 of RA 7160 (LGC).
CASES COVERED BY RULES ON SUMMARY PROCEDURE IN CIVIL CASES
1) All cases of forcible entry and unlawful detainer (FEUD), irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney‘s fees are awarded, the same shall not exceed P20,000;
2) All other cases, except probate proceedings where the total amount of the plaintiff‘s claim does not exceed P100,000 (outside MM) or P200,000 (in MM), exclusive of interest and costs.
CASES COVERED BY THE RULES ON BARANGAY CONCILIATION The Lupon of each barangay shall have the authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes except:
1) Where one party is the government or any subdivision or instrumentality thereof
2) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions 3) Offenses punishable by imprisonment exceeding one (1)
year or a fine exceeding P5,000
4) Offenses where there is no private offended party
5) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
6) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
7) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice
8) Any complaint by or against corporations, partnerships, or juridical entities. The reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents
9) Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically:
a) A criminal case where the accused is under police custody or detention
b) A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf
c) Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin and support pendente lite
d) Where the action may be barred by statute of limitation
10) Labor disputes or controversies arising from employer-employee relationship
11) Where the dispute arises from the CARL
12) Actions to annul judgment upon a compromise which can be directly filed in court.
Note: It is a condition precedent under Rule 16; can be dismissed but without prejudice
JURISDICTION OF THE REGIONAL TRIAL
COURTS, FAMILY COURTS, AND
SHAR’IAH COURTS
JURISDICTION OF THE REGIONAL TRIAL COURT IN CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION
1) The action is incapable of pecuniary estimation (such as
rescission of contract, action to revive judgment, declaratory relief (1st part), support, expropriation)
2) Title to, possession of, or interest in, real property with assessed value exceeding P20,000 outside Metro Manila, or exceeds P50,000 in Metro Manila
3) If the amount involved exceeds P300,000 outside MM or exceeds P400,000 in MM in the following cases:
a) Admiralty and maritime cases
b) Matters of Probate (testate and intestate) c) Other actions involving personal property d) Demand for money
4) Cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions (general jurisdiction of RTC)
5) All actions involving the contract of marriage and family
relations
JURISDICTION OF FAMILY COURTS (RA 8369)
a) Petitions for guardianship, custody of children and habeas corpus involving children
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b) Petitions for adoption of children and the revocation thereof
c) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to 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 d) Petitions for support and/or acknowledgment
e) Summary judicial proceedings brought under the provisions of EO 209 (Family Code)
f) Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cognizable under PD 603, EO 56 (1986) and other related laws
g) Petitions for the constitution of the family home In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the RTC (RA 8369) 6) To hear and decide intra-corporate controversies Sec. 52,
Securities and Regulations Code):
a) Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the SEC
b) Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation , partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity
c) Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations
d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.
CONCURRENT JURISDICTION
1) with the Supreme Court in actions affecting ambassadors, other public ministers and consuls
2) with the SC and CA in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto, habeas corpus, and writ of continuing mandamus on environmental cases
3) with the SC, CA and Sandigabayan in petitions for writs of habeas data and amparo
4) With Insurance Commissioner – claims not exceeding P100,000
APPELLATE JURISDICTION over cases decided by lower courts in
their respective territorial jurisdictions except decisions of lower
courts in the exercise of delegated jurisdiction.
SPECIAL JURISDICTION – SC may designate certain branches of RTC
to try exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases not falling within the jurisdiction of any quasi-judicial body and other special cases in the interest of justice.
JURISDICTION OF THE SHAR’IAH COURTS
EXCLUSIVE JURISDICTION
1) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws;
2) All cases involving disposition, distribution and settlement of estate of deceased Muslims, probate of wills, issuance of letters of administration of appointment administrators or executors regardless of the nature or aggregate value of the property;
3) Petitions for the declaration of absence and death for the cancellation and correction of entries in the Muslim Registries;
4) 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
5) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus and all other auxiliary writs and processes in aid of its appellate jurisdiction
CONCURRENT JURISDICTION
1) Petitions of Muslim for the constitution of the family home, change of name and commitment of an insane person to an asylum
2) All other personal and legal actions not mentioned in par 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive jurisdiction of the MTC.
3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims
Cases that can be filed:
1) Offenses defined and punished under PD 1083 2) Disputes relating to:
a. Marriage b. Divorce
c. Betrothal or breach of contract to marry d. Customary dowry (mahr)
e. Disposition and distribution of property upon divorce
f. Maintenance and support and consolatory gifts (mut’a)
g. Restitution of marital rights 3) Disputes relative to communal properties
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JURISDICTION OF THE SANDIGANBAYAN
JURISDICTION OF THE SANDIGANBAYANORIGINAL JURISDICTION in all cases involving
1) Violations of RA 3019 (Anti-Graft and Corrupt Practices Act) 2) Violations of RA 1379 (Anti-Ill-Gotten Wealth Act)
3) Sequestration cases (E.O. Nos. 1,2,14,14-A)
4) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the principal accused are occupying the following positions in the government, whether in permanent, acting or interim capacity at the time of the commission of the offense: a) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (RA 6758)
b) Members of Congress and officials thereof classified as G-27 and up under RA 6758
c) Members of the Judiciary without prejudice to the provisions of the Constitution
d) Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the Constitution e) All other national and local officials classified as Grade 27
and higher under RA 6758
f) Other offenses or felonies committed by the public officials and employees mentioned in Sec. 4(a) of RA 7975 as amended by RA 8249 in relation to their office
g) Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14-A (Sec. 4, RA 8249)
Note: Without the office, the crime cannot be committed.
APPELLATE JURISDICTION - from the RTC in cases under PD 1606,
as amended by PD 1861, whether or not the cases were decided b them in the exercise of their original or appellate jurisdictions.
CONCURRENT ORIGINAL JURISDICTION WITH SC, CA AND RTC
for petitions for writs of habeas data and amparo
The requisites that the offender the offender occupies salary Grade 27 and the offense must be intimately connected with the official function must concur for the SB to have jurisdiction – Justice Magdangal De Leon
JURISDICTION OF THE
COURT OF TAX APPEALS
UNDER RA 9282 and RULE 5, AM 05-11-07 CTAEXCLUSIVE ORIGINAL OR APPELLATE JURISDICTION TO REVIEW BY APPEAL
1) Decisions of CIR in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR;
2) Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial;
3) Decisions, orders or resolutions of the RTCs in local taxes originally decided or resolved by them in the exercise of their original or appellate jurisdiction;
4) Decisions of the Commissioner of Customs
a. in cases involving liability for customs duties, fees or other charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or
b. other matters arising under the Customs law or other laws, part of laws or special laws administered by BOC; 5) Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; 6) Decision of the secretary of Finance on customs cases
elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the government under Sec. 2315 of the Tariff and Customs Code;
7) Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or not to impose said duties.
EXCLUSIVE ORIGINAL JURISDICTION
1) Over all criminal cases arising from violation of the NIRC and the TCC and other laws, part of laws, or special laws administered by the BIR or the BOC where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M or where there is no specified amount claimed (the offenses or penalties shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate);
2) In tax collection cases involving final and executory assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M tried by the proper MTC, MeTC and RTC.
EXCLUSIVE APPELLATE JURISDICTION 1) In criminal offenses
a) over appeals from the judgment, resolutions or orders of the RTC in tax cases originally decided by them, in their respective territorial jurisdiction, and
b) over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction.
2) In tax collection cases
a) over appeals from the judgments, resolutions or orders of the RTC in tax collection cases originally decided by them in their respective territorial jurisdiction; and b) over petitions for review of the judgments, resolutions
or orders of the RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs in their respective jurisdiction.
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JURISDICTION OF THE COURT OF APPEALS
JURISDICTION OF THE COURT OF APPEALS IN CIVIL CASESEXCLUSIVE ORIGINAL JURISDICTION in actions for the annulment
of the judgments of the RTC.
CONCURRENT ORIGINAL JURISDICTION
1) With SC to issue writs of certiorari, prohibition and mandamus against the RTC, CSC, CBAA, other quasi-judicial agencies mentioned in Rule 43, and the NLRC (however, this should be filed first with the CA as per St. Martin Funeral Home case), and writ of kalikasan. 2) With the SC and RTC to issue writs of certiorari,
prohibition and mandamus (CPM) against lower courts and bodies and writs of quo warranto, habeas corpus, whether or not in aid of its appellate jurisdiction, and writ of continuing mandamus on environmental cases.
3) With SC, RTC and Sandiganbayan for petitions for writs of amparo and habeas data where the action involves public data or government office
EXCLUSIVE APPELLATE JURISDICTION
1) by way of ordinary appeal from the RTC and the Family Courts.
2) by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction. 3) by way of petition for review from the decisions,
resolutions, orders or awards of the CSC, CBAA and other bodies mentioned in Rule 43 and of the Office of the Ombudsman in administrative disciplinary cases.
4) over decisions of MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction; this is because decisions of MTCs in these cases are appealable in the same manner as decisions of RTCs.
Note: There is no action to annul the decision of the CA.
JURISDICTION OF THE SUPREME COURT
JURISDICTION OF THE SUPREME COURT IN CIVIL CASESEXCLUSIVE ORIGINAL JURISDICTION in petitions for certiorari,
prohibition and mandamus against the CA, COMELEC, COA, CTA, Sandiganbayan
CONCURRENT JURISDICTION
1) With Court of Appeals in petitions for certiorari,
prohibition and mandamus against the RTC, CSC, Central
Board of Assessment Appeals, NLRC, Quasi-judicial agencies, and writ of kalikasan, all subject to the doctrine of hierarchy of courts.
2) With the CA and RTC in petitions for certiorari, prohibition
and mandamus against lower courts and bodies and in
petitions for quo warranto, and writs of habeas corpus, all subject to the doctrine of hierarchy of courts.
3) With CA, RTC and Sandiganbayan for petitions for writs of
amparo and habeas data
4) Concurrent original jurisdiction with the RTC in cases affecting ambassadors, public ministers and consuls.
APPELLATE JURISDICTION
1) by way of petition for review on certiorari (appeal by certiorari under Rule 45) against CA, Sandiganbayan, RTC on pure questions of law and CTA in its decisions rendered en banc.
2) in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court; and
3) all cases in which the jurisdiction of any court is in issue; 4) all cases in which an error or question of law is involved
Exceptions in which factual issues may be resolved by the Supreme
Court:
a) When the findings are grounded entirely on speculation, surmises or conjectures;
b) When the inference made is manifestly mistaken, absurd or impossible;
c) When there is grave abuse of discretion;
d) When the judgment is based on misapprehension of facts; e) When the findings of facts are conflicting;
f) When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;
g) When the findings are contrary to the trial court;
h) When the findings are conclusions without citation of specific evidence on which they are based;
i) When the facts set forth in the petition as well as in the petitioner‘s main and reply briefs are not disputed by the respondent;
j) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and
k) When the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion.
TOTALITY RULE
Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the
amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose
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RULE 1
GENERAL PROVISIONS
SECTION 1 - Title of the Rules.—These Rules shall be known and
cited as the Rules of Court.
The Rules of Court do not have retroactive effect
But they can be made applicable to pending cases at the time of their passage and therefore are retroactive in that sense
The rule making power of the SC has the following limitations: 1. Simplified and inexpensive procedure for the speedy
disposition of cases;
2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase, or modify substantive rights (Art. VIII, Sec. 5(5), 1987 Constitution)
In the interest of just and expeditious proceedings, the SC may suspend the application of the rules and except a case from its operation because the rules were precisely adopted with the primary objective of enhancing fair trial and expeditious justice.
SECTION 2 - In what courts applicable.—These rules shall apply in
all courts, except as otherwise provided by the Supreme Court. Sec. 2 provides for the scope of the applicability of the rules
SECTION 3 - Cases governed.—These Rules shall govern the
procedure to be observed in actions, civil or criminal, and special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. (1a, R2)
A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n)
(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (n) (c) A special proceeding is a remedy by which a party seeks
to establish a status, a right, or a particular fact. (2a, R2)
An action is a formal demand of one’s legal rights in a court of justice in the manner prescribed by the court or by the law
a. Determinative fact which converts a claim into an action or suit --- the filing of the same with a court of justice 1. If filed elsewhere, claim may not be categorized under
either term
2. E.g. Extra-judicial foreclosure of real estate mortgage – it is initiated by filing a petition with the office of the sheriff, not in a court of justice; it is not a judicial proceeding, action, or suit
b. Distinguished from Special Proceeding
1. Special proceeding – an application or proceeding to establish the status or right of a party, or a particular fact
a. No formal pleadings are required, unless expressly provided by statute
b. Remedy is granted generally upon an application or motion
2. Examples:
a. When a party litigant seeks to recover property from another, remedy is to file an action b. If his purpose is to seek an appointment of a
guardian for an insane, remedy is a special proceeding to establish insanity
c. A petition for liquidation of an insolvent incorporation should be classified as a special proceeding, not as an ordinary action
Action v. Claim
ACTION CLAIM
An ordinary suit in a court of
justice A right possessed by one against another One party prosecutes another
for the enforcement or protection of aright or the prevention or redress of a
wrong
The moment said claim is filed before a court, claim is converted into an action or suit CLASSIFICATION OF ACTIONS
As to Nature
ORDINARY CIVIL ACTION SPECIAL CIVIL ACTION Governed by the ordinary rules rules but subject to specific Also governed by ordinary
rules prescribed Formal demand or one’s legal
rights in a court of justice in the manner prescribed by
court or by law
Special features not found in ordinary civil actions As to Object
ACTION IN REM PERSONAM ACTION IN ACTION QUASI IN REM Directed against the
thing itself particular persons Directed against
Directed against particular
persons Jurisdiction over the
person of the defendant not required
Jurisdiction over the person of defendant required Jurisdiction over the person of defendant is not required as long as jurisdiction over the res is
required Proceeding to
determine the state or condition of a
thing
Action to impose a responsibility or liability upon a person
directly Proceeding to subject the interest of a named defendant over a particular property to an obligation or lien burdening it Judgment is binding
on the whole world
Judgment is binging only upon impleaded
parties or their successors in interest Judgment binging upon particular persons E.g. Probate proceeding, cadastral proceeding E.g. Specific performance, action for breach of contract
E.g. Action for partition; foreclosure of
real estate mortgage
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The distinction is important in determining the following: 1. Whether or not jurisdiction over the person of the
defendant is required; and
2. Persons upon whom judgment is binding As to Cause:
REAL ACTION PERSONAL ACTION MIXED ACTION Ownership or possession of real property is involved Personal property is sought to be recovered or where damages for breach
of contract are sought
Both real and personal properties
are involved Founded on privity
of real estate Founded on privity of contract Founded on both Filed in the court
were property or any part thereof is
situated
Filed in court where plaintiff or any of defendant resides, at
the option of plaintiff
Rules on venue of real actions shall
govern E.g. Accion
reinvindicatoria E.g. Action for a sum of money
E.g. Accion publiciana with a claim for damages Note:
- An action could be real as to cause and in personam as to object (e.g. action to recover a piece of land).
- An action could also be personal as to cause and in rem as to object (e.g. action for annulment of marriage)
- The distinction is significant in determining the venue of action
As to Place of Filing
LOCAL ACTION TRANSITORY ACTION Must be brought in a particular
place where the subject property or a portion thereof is located, unless there is an agreement to the contrary
Dependent on the place where party resides regardless of where the cause of action arose E.g. Action to recover real
property
E.g. Action to recover sum of money
Note:
- If action is founded on privity of contract between parties, then the action is transitory
- But if there is no privity of contract and the action is founded on privity of estate only, such as a covenant that runs with the land in the hands of remote grantees, then the action is local and must be brought in the place where the land lies
SECTION 4 - In what cases not applicable.—These Rules shall not
apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (R143a)
Where rules not applicable: 1. Election cases 2. Land Registration 3. Cadastral 4. Naturalization 5. Insolvency Proceedings
6. Other cases not herein provided for
Exception: The Rules are applicable to the above cases only by analogy or suppletory whenever applicable and convenient
SECTION 5 - Commencement of action.—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 date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)
Commencement of Action
1. By the filing of the original complaint in court
a. If additional defendant is impleaded in later pleading (1) Action is commenced, with regard to him, on the
date of the filing of the amended complaint joining additional defendant
(2) If amended complaint is filed after the answer to the original complaint has been served on plaintiff:
(a) Motion for its admission now becomes necessary
(b) If amended complaint is attached to the motion for its admission, date of filing thereof is the date of commencement with regard to additional defendant, irrespective of the action of the court thereon
2. And the payment of docket fees
a. Determined not only by the amount of the claim but also by the amount of damages
An action capable of pecuniary estimation is one where the action is brought primarily for the recovery of a sum of money; and the amount of the claim shall determine where the jurisdiction lies. An action incapable of pecuniary estimation is one wherein the basic issue is something other than the right to recover a sum of money or where the money claim is purely incidental to, or a consequence of, the principal relief sought and are cognizable exclusively by the RTC.
PAYMENT OF DOCKET FEES General Principles
Sec. 1, Rule 141 (AM No. 04-2-04 SC) provides that “Upon filing of the pleading or other application which initiates an action or proceeding, the fees prescribed thereafter shall be paid in full.
“The court does not acquire jurisdiction and the action is not deemed commenced unless the correct docket fee is paid.” The Manchester Rule (as held in Manchester Development Corp. v.
CA)
- All complaints, petitions, answers, and other similar pleadings, should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer
- Said damages shall be considered in the assessment of filing fees
- Any pleading that fails to comply shall not be accepted or admitted
- Court acquires jurisdiction over any case only upon the payment of the prescribed docket fee
- Amendment of the complaint or similar pleading will not vest jurisdiction in the court, much less the payment of the docket fee based on the amount sought in the amended pleading
