CIVIL PROCEDURE 1 Jurisdiction

JURISDICTION IN GENERAL Definition the power and authority of the court to hear, try and decide a case not only the power to hear and determine, but the power to enforce its determination, as the judgment or decree is the end for which jurisdiction is exercised, and it is only through the judgment and its execution that the power of the court is made efficacious and its jurisdiction complete. (memorize this for recitation purposes) The power to control the execution of its decision is an essential aspect of jurisdiction. not the power of the judge but of the court juris (law); dico (to speak); jurisdiction (I speak by the law) (Lakas Atenista) Test of Jurisdiction: Whether the court has the power to enter into the inquiry and not whether the decision is right or wrong jurisdiction which is a matter of substantive law refers only to JURISDICTION OVER THE SUBJECT MATTER jurisdiction over the PARTIES, the ISSUES and the RES are matters or procedure jurisdiction cannot be waived, enlarged or diminished by stipulation of the parties. It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in the case. Courts may do this on its own motion/ motu propio Failure to exercise jurisdiction may be enforced by mandamus Congress and Judicial Power (Herrera) GENERAL RULE: The Congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts EXCEPTION: It may not deprive the Supreme Court of it jurisdiction over cases enumerated in Section 5, Article VIII of the Constitution. QUESTIONS: Can the Supreme Court enlarge the jurisdiction of the Supreme Court? No. Theres no provision in the 1987 Constitution granting SC the power to enlarge its own jurisdiction. (Ed) What if the jurisdiction of the Supreme Court is changed by Congress but the change does not affect the SCs jurisdiction under Sec. 5, Art. VIII of the Constitution is this valid? No. Article VI, Section 30 states that, No law shall be passed increasing the APPELLATE jurisdiction of the SC as provided in this Constitution without its advice and concurrence. The Congress cannot lessen but it can increase SCs powers and jurisdiction, PROVIDED, it is with the latters advice and concurrence. (LAKAS) It is necessary for the Constitution or the Congress, by law, to grant jurisdiction upon the courts for without it, courts are without authority to act. Jurisdiction v Venue Jurisdiction Authority to hear and determine a case A matter of substantive law Establishes a relation between court and subject matter Fixed by law Venue Place where case is to be heard A matter of procedural law Relation between plaintiff and defendant May be conferred by the act or agreement of parties

Jurisdiction vs. Exercise of Jurisdiction Jurisdiction Exercise of Jurisdiction Power or authority of Exercise of power or the court authority of the court Authority to decide a Decision on all other case questions arising in the case is but an exercise of jurisdiction Error which may be Error of judgment may committed is error in be committed which is jurisdiction correctible the proper subject of an only by the appeal extraordinary writ of certiorari Error of judgment one which the court may commit in the exercise of its jurisdiction. - Happens when a court with competent jurisdiction commits errors in the exercise of such authority to hear the case (Lakas Atenista) - Remedy: appeal

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 2 Jurisdiction

Error of jurisdiction one where the act complained of was issued by the court without or in excess of jurisdiction. - Happens when a court takes cognizance of a case that it has no jurisdiction over. (Lakas Atenista) - Remedy: certiorari Where a court has jurisdiction, a wrong decision is not void If there is a total want of jurisdiction in a court, its proceedings are an absolute nullity, confer no right and afford no protection but will be pronounced void when collaterally attacked. Lack of Jurisdiction vs. Lack of Jurisdiction The court or tribunal does not have the legal power to determine the case Excess of Jurisdiction Excess of Jurisdiction The court, being clothed with the power to determine the case, oversteps its authority - the power of court to hear and determine cases of the general class to which the proceedings in question belong - jurisdiction over the nature of the action - how is it acquired? Conferred by law (never by consent or silence or waiver) (except: estoppel by laches) - how is it determined? By the allegations of the complaint Jurisdiction over the person (both plaintiff and defendant) - the power to render a personal judgment thru the service of process or by voluntary appearance which will bind the parties to the case - How is jurisdiction over plaintiff acquired? From the moment he files his complaint - How is jurisdiction over defendant acquired? 1. Upon service on him of coercive process (service of summons, as opposed to warrant of arrest) or 2. By his voluntary submission to the jurisdiction of the court - jurisdiction over person can be acquired by waiver, consent or lack of objection Jurisdiction over the res (thing) - that acquired by court over the property or thing in contest and is obtained by seizure under legal process of the court whereby it is held to abide such order as the court may make. (actual seizure may be effected by attachment proceeding) - the object of the litigation - why is it important to be acquired? If the court cannot acquire jurisdiction over the person of defendant, jurisdiction over res becomes a substitute over the person Jurisdiction over the issues - the authority to try and decide the issues raised by the pleadings of the parties - when acquired? After defendant has filed an answer (as opposed to after filing the complaint in criminal cases) JURISDICTION OVER THE SUBJECT MATTER the power to deal with the general subject involved in the action, and means not simply jurisdiction of the particular cause then occupying the attention of the court but

Jurisdiction vs. Cause of Action Jurisdiction Cause of Action An authority An act or omission violative of the rights of others Conferred by law Exists because of a violation of a right DIFFERENT SENSES IN USE OF THE TERM JURISDICTION (Herrera) a. to the authority of the Court to entertain a particular kind of action; b. administer a particular kind of relief; c. to the power of the court over the parties; d. over the property which is the subject of the litigation. Elements of Jurisdiction in civil cases (Lakas Atenista) 1. Jurisdiction over the subject matter 2. Jurisdiction over the person of the parties to the case 3. Jurisdiction over the res 4. Jurisdiction over the issues Effect if one element is missing: proceedings become void Jurisdiction over subject matter

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 3 Jurisdiction

jurisdiction of the class of cases to which the particular case belongs. Subject matter the item with respect to which the controversy has arisen, or concerning which the wrong has been done, and it is ordinarily the right, the thing, or the contract under dispute. e.g. unlawful detainer, forcible entry, actions incapable of pecuniary estimation, accion publiciana, accion reivindicatoria, partition of property, foreclosure of mortgage, expropriation, habeas corpus, action for damages, etc. Jurisdiction over the Subject Matter is not to be confused with the term Subject Matter of the Action (Herrera) The subject matter of the action refers to the physical facts, the money, the land, or chattels and the like in relation to which the suit is prosecuted. It is not the delict or wrong committed by the defendant How jurisdiction over the SM is DETERMINED by the allegations of the complaint regardless of whether or not the plaintiff is entitled to his claims asserted therein does not depend on the answer of the defendant or agreement of the parties, or to waiver or acquiescence of the parties if after hearing, tenancy had in fact been shown to be the real issue, the court should dismiss the case for lack of jurisdiction where the RTC rendered a judgment involving a lesser amount that that alleged, this fact did not divest the court of its jurisdiction (this ruled does not apply in reverse) Examples: A complaint seeking for the payment of P1M is filed in the RTC, but after considering the evidence presented, the amount owing to the plaintiff is only P300T, an amount within the jurisdiction of the MTC if originally filed in it, the RTC has authority to render judgment on lesser amount. A complaint for the recovery of a loan of P300T is filed in the MTC, but after consideration of the evidence, it is shown that the amount recoverable is P1M, an amount within the jurisdiction of the RTC, the MTC cannot render judgment for P1M for want of jurisdiction. Note: In prosecution of criminal actions, in order to determine the jurisdiction of the court, the complaint or information must be examined for the purpose of ascertaining whether or not the facts set out therein and the punishment provided for by law for such acts fall within the jurisdiction of the court in which the criminal action is filed. Ignacio vs. CFI of Bulacan 42 SCRA 89 Held: While the allegations in the complaint make out a case for forcible entry, where tenancy is averred by way of defense and is proved to be the real issue, the case should be dismissed for lack of jurisdiction as the case should properly be filed with the Court of Agrarian Relations (now DARAB). There must first be a reception of evidence and, if after hearing, tenancy had in fact been

Questions to be resolved when a complaint is filed in court 1) What is the subject matter of their complaint filed before the court? 2) Does the court have jurisdiction over the said subject matter of the complaint before it? How jurisdiction over the subject matter is conferred 1) Jurisdiction over the SM is conferred by LAW a) Constitution or b) Statute 2) The law that confers jurisdiction refers to a substantive law, not a procedural law 3) Since jurisdiction is conferred by law, jurisdiction: a) cannot be conferred by the administrative policy of any court b) cannot be conferred by a courts unilateral assumption of jurisdiction c) cannot be conferred by erroneous belief by the court that it has jurisdiction d) cannot be conferred by the parties (cannot be enforced by contract) e) cannot be granted by agreement of the parties, acquired through, or waived, enlarged or diminished by, any act or omission of the parties f) cannot be conferred by the parties silence, acquiescence or consent

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

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shown to be the real issue, the court should dismiss the case for lack of jurisdiction. 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. Doctrine of Continuity of Jurisdiction (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. Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance. Jurisdiction is not affected by a new law placing a proceeding under the jurisdiction of another tribunal EXCEPT a) When otherwise provided in the statute or b) If the statute is clearly intended to apply to actions pending even before its enactment. The trial court did not lose jurisdiction over the case by involving a public official by the mere fact that said official ceased to be in office during the pendency of the case. It is also not lost by the mere fact that the judge ceased to be in office during the pendency of the case. Even after the judgment has become final, the court retains jurisdiction to enforce or execute it. Appears to apply only in RTC (Jara notes) Does not apply to inferior courts Principle of Ancillary Jurisdiction (Jara notes) - Applies to inferior courts - If later on it is found that that amount is larger than what the law provides as under the jurisdiction of MTC, MTC cannot give the award; since it does not have jurisdiction over the case. Law which governs jurisdiction Rule: The statute in force at the time of the commencement of the action Objections to jurisdiction over the subject matter The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu take cognizance of jurisdiction at any point in the case and has clearly recognized right to determine its own jurisdiction.. The earliest opportunity of a party to raise the issue of jurisdiction is in a motion to dismiss filed before the filing or service of an answer. If not motion to dismiss is filed, the defense of lack of jurisdiction may be raised as an affirmative defense in the answer. Under the omnibus motion rule, a motion attacking a pleading like motion to dismiss, shall include all grounds then available, and all objections not so included shall be deemed waived. Lack of jurisdiction as an affirmative defense is not barred under the omnibus motion rule. When the court dismissed the complaint for lack of jurisdiction over the SM, the court cannot remand the case to another court with proper jurisdiction. General Rule: Jurisdiction over the SM may be raised at any stage of the proceedings even for the first time on appeal since it is conferred by law. Exception: Estoppel by laches (see the case below) Tijam vs. Sibonghanoy 23 SCRA 29 Facts: The defense of jurisdiction was raised for the first time in a motion to dismiss filed by the Surety almost 15 years after the questioned ruling had been rendered. At several stages of the proceedings, in the court a quo as well as in the CA, the Surety invoked the jurisdiction of the said courts to obtain affirmative relief and submitted its case for final adjudication on the merits. It was only when the adverse decision was rendered by the CA that it finally woke up to raise the question of jurisdiction. Held: 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

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 5 Jurisdiction

seeking affirmative relief from the court and after participating in all stages of the proceedings. The doctrine of estoppel by laches is based upon the grounds of public policy and is principally a question of inequity or unfairness of permitting a right or claim to be enforced or asserted. JURISDICTION OVER THE PARTIES The manner by which the court acquires jurisdiction over the parties depends on whether the party is the plaintiff or the defendant. a) Plaintiff acquired by his filing of the complaint or petition. b) Defendant obtained either by: (i) A valid service of summons upon him or (ii) His voluntary submission to the courts 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 cases. Jurisdiction over the person of the defendant is required only in an action in personam. When the appearance is precisely to object to the jurisdiction of the court over his person, it is not considered an appearance in court and should not be construed as submission by the defendant of his person to the jurisdiction of the court. The objection to the jurisdiction over the person of the defendant must be pleaded in a motion to dismiss, otherwise it is deemed waived. If not motion to dismiss has been filed, the objection may be pleaded as an affirmative defense in the answer. Note: Only lack of jurisdiction over the subject matter, litis pendencia, res judicata and prescription are not waived even if not pleaded in the motion to dismiss. Rule for Non-resident Defendants (Herrera) The Court cannot acquire jurisdiction over the person of a non-resident defendant. Process served by the court is not enforceable beyond the territorial limits of the Philippines. However, in the case of Banco Espanol v. Palanca (37 Phil 921), the Court held that for the purpose of proceeding against the property of a non-resident defendant such as foreclosure of mortgage or to obtain a writ of attachment, jurisdiction over the person is immaterial so long as the court acquires jurisdiction over the res. Jurisdiction over the person of the defendant is essential in action in personam not in actions in rem or quasi in rem so long as the court does not render personal judgment against the defendant. La Naval Drug Corp. vs. CA 236 SCRA 78 Held: If a plaintiff may assert two or more caused of actions, a defendant is also allowed under the Rules of Court to put up his own defenses alternatively or hypothetically. (now embodied in Sec. 20 of Rule 14) JURISDICTION OVER THE ISSUE the power of the court to try and decide issues raised in the pleadings of the parties Issue the 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. How jurisdiction over the issue is CONFERRED AND DETERMINED by the pleadings of the parties (as opposed to the jurisdiction over the subject matter which is conferred by law but determined by the allegations in the pleadings) by stipulation of the parties as when in the pre-trial, the parties enter into stipulations of facts and documents or enter into an agreement simplifying the issues of the case by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings Question of law vs. Question of fact Question of Law Question of Fact When the doubt of When the doubt or difference arises as to difference arises as to what the law is on a the truth and falsehood certain set of facts of the alleged facts Does not involve an Invites a review of examination of the evidence presented probative value of the evidence presented by the litigants or any of

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 6 Jurisdiction

them JURISDICTION OVER THE RES (Herrera) The power of a court over the thing before it, without regard to the person who may be interested therein and the presence of the res within the territorial dominion of the sovereign power under authority of which the courts act may confer such jurisdiction CLASSIFICATION OF JURISDICTION (Herrera) a. Original Jurisdiction the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law b. Appellate Jurisdiction authority of a Court higher in rank to re-examine the final order or judgment of a lower court which tried the case now elevated for judicial review c. General Jurisdiction courts which take cognizance of all causes, civil or criminal, except those assigned to special courts d. Limited or Special Jurisdiction is that which is confined to particular causes or which can be exercised only under limitations and circumstances prescribed by statute N.B.: A court of general jurisdiction is presumed to be acting within its jurisdiction unless the contrary is shown. On the other hand, a court of limited jurisdiction has only the jurisdiction expressly delegated and must appear from the record that its acts are within it jurisdiction. e. Exclusive Jurisdiction is that which is confined to a particular court. Where jurisdiction is conferred upon a court and no other court can exercise the same, such jurisdiction is said to be exclusive. f. Concurrent Jurisdiction - when two or more courts may exercise jurisdiction over the same subject matter and within the same territory and the litigant may elect to either court. The two are exclusive of the other. Therefore, each must be conferred by law. One cannot be inferred from the other. Types of jurisdiction (Lakas Atenista) 1. General / Special or Limited 2. Original / Appellate 3. Exclusive / Concurrent General - power to hear all types of cases Limited - power to hear particular cases only Original - power to take cognizance of a case at its inception Appellate - power to review and revise the decision of the lower court Exclusive - authority possessed by courts to the exclusion of all others Concurrent - authority possessed by a court together with another or other courts over the same subject matter, the court obtaining jurisdiction first retaining it to the exclusion of all others (i.e. Issuance of writ of certiorari -SC, CA, RTC) JURISDICTION OF COURTS IN THE PHILIPPINES Hierarchy of the courts A. Regular courts SC - CA - RTC - MeTC / MTC / MTCC / MCTC B. Special courts CTA, Sandiganbayan, Sharia District Courts, Family Courts JURISDICTION OF THE MTC MeTC and MCTC Jurisdictional amount: MTC outside Metro Manila P300T or below MeTC P400T or below Exclusive Original Jurisdiction 1. Action for forcible entry and unlawful detainer cases These are both ejectment cases This is regardless of the assessed value of the property involved Within the jurisdiction of MTc regardless of whether said cases involve questions of ownership or if the issue of possession cannot be determined without resolving the question of ownership. Judgment is provisional in nature and shall be for the sole purpose of determining the issue of possession. 2. Real Actions other than forcible entry and unlawful detainer Civil actions involving title to or possession of real property, or any interest therein, where the assessed value

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

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Outside MM P20T MM P50T Action involving title to or possession of land is now determined by the ASSESSED VALUE of the said property and not the market value thereof Assessed Value = fair market value x assessment level It is synonymous to taxable value Fair market value the price at which a property may be sold by seller, who is not compelled to sell, and bought by a buyer, who is not compelled to buy Accion reivindicatoria a suit which has its object the recovery of possession over real property as owner. Accion publiciana one for recovery of possession of the right to possess 3. Demand not exceeding P300T or P400T The MTC exercises exclusive original jurisdiction (EOJ) over civil actions where the demand does not exceed Outside MM P300T MM P400 4. Actions involving personal property The MTC has EOJ over actions involving personal property valued at Outside MM P300T MM P400T 5. Admiralty and maritime cases Where the demand or claim Outside MM P300 MM P400T 6. Probate proceedings EOJ over probate proceedings testate and intestate where the gross value of the estate Outside MM P300T MM P400T 7. Provisional Remedies To grant or deny provisional Remedies in cases where the principal action is within its jurisdiction Delegated Jurisdiction Cadastral and land registration cases 1. Covering lots where there is NO controversy or opposition or 2. contested lots the value of which does not exceed P100T as may be delegated by the SC. The decisions of these courts shall be appealable to the CA. MTC acting under its delegated jurisdiction is acting as RTC. Special Jurisdiction Petitions for habeas corpus in the absence of all RTC judges in the province or city Cases subject to summary procedure 1) Forcible entry and unlawful detainer cases 2) All other claims where the total claim Outside MM P100T MM P200T Exclusive of interests and costs. Probate proceedings are not covered by the rule on summary procedure even if the gross value of the estate does not exceed P100T or P200T Basic principles that need to be remembered in civil cases subject to a summary procedure: 1) Not all pleadings in an ordinary civil action are allowed in a summary procedure. The only pleadings allowed are: a) Complaint b) Compulsory counterclaim c) Cross-calims pleaded in the answer d) Answers to these pleadings. 2) The court in a summary procedure may dismiss the case outright on any of the grounds for the dismissal of a civil action. 3) Should the defendant fail to answer the complaint within the period of 10 days from the service of summons, the court may, motu propio, or on motion of the plaintiff, render judgment (not an order declaring the defendant in default) as may be warranted by the facts alleged and limited to what is prayed for. 4) There shall be a preliminary conference held but there shall be no trial. Instead the parties shall submit affidavits and position papers. 5) Within 30 days from the receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment. 6) As a rule a motion to dismiss is not allowed except on either 2 grounds: a) lack of jurisdiction over the subject matter, or b) failure to comply with barangay conciliation proceedings. 7) Under Sec. 19 of the Rules on Summary Procedure, the following pleadings and motions are prohibited in a summary procedure:

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 8 Jurisdiction

a) Motion to dismiss except upon two grounds mentioned b) Motion for new trial, or a motion for reconsideration of a judgment, or a motion for reopening of trial c) Petition for relief from judgment d) Motion for extension of time to file pleadings, affidavits and other papers e) Memoranda f) Petition for certiorari, and mandamus or prohibition against an interlocutory order of the court g) Motion to declare the defendant in default h) Dilatory motions for postponement i) Reply j) Third-party complaints k) Interventions 8) Although a petition for certiorari is prohibited in cases subject to summary procedure, the Court in one case allowed the petition because the trial court gravely abused its discretion by indefinitely suspending the proceedings in ejectment cases thus, acting contrary to the purpose of the Rules on Summary Procedure. Determination of jurisdictional amount Jurisdictional amount excludes the following 1) Interest 2) Damages of whatever kind 3) Attorneys fees 4) Litigation expenses and costs The matters however, shall be included in determining the filing fees damages of whatever kind applies to cases where the damages are merely incidental to or consequence of the main cause of action 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 causes of action, irrespective of the causes of action arose out of the same or different transactions. Territorial extent of court processes May be served anywhere in the Philippines without the necessity of certification by judge of the RTC Review of judgments of the MTC Appealable to the RTCs JURISDICTION OF THE RTC - court of general jurisdiction Exclusive Original Jurisdiction 1) Actions the subject matter of which is not capable of pecuniary estimation one other than the recovery of money money claim is merely incidental e.g. specific performance, support, foreclosure of mortgage, annulment of judgment, actions questioning the validity f mortgage, annulling a deed of sale or conveyance and to cover the price paid and for rescission 2) Actions involving title to or possession of real property or an interest therein, where the assesses value of such property Outside MM over P20T MM over P50T 3) Civil actions the demand or claim of which Outside MM over P300T MM over P400T 4) Actions in admiralty or maritime jurisdiction where the demand or claim Outside MM over P300T MM over P400T 5) Matters of probate, testate or intestate, where the gross value of the estate Outside MM over P300T MM over P400T A probate court cannot adjudicate or determine title to properties claimed to be part of the estate and also claimed by outside parties. Court could only determine whether they should or not be included in the inventory or list of properties to be administered The probate court may pass upon the title thereto but such determination is not conclusive and is subject to a final determination in a separate action 6) Actions involving personal property valued at Outside MM over P300T MM over P400T 7) Cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; RTC is a court of general jurisdction 8) Jurisdiction over intracorporate controversies(Sec. 5.2, RA 8799): a) Cases involving devises or schemes employed by or any cats, of the board of

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 9 Jurisdiction

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 Commissions. b) Controversies arising out of intracorporate or partnership relations, between and among stockholders, members of 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) orControversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations; and d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or 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 or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee. Concurrent and Original Jurisdiction With the SC and the CA in petitions for certiorari, prohibition, mandamus against lower courts and bodies and in petitions for quo warranto and habeas corpus Appellate Jurisdiction Cases decided by lower courts in their respective territorial jurisdiction The decisions of the RTC in the exercise of its appellate jurisdiction shall be appealable by petition for review to the CA JURISDICTION OF FAMILY COURTS Exclusive original jurisdiction a) 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 but not less than nine (9) years of age or where 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 Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code"; b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter; c) Petitions for adoption of children and the revocation thereof; d) Complaints for annulment of marriage, declaration of nullity of marriage and 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; e) Petitions for acknowledgment; support and/or

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines"; g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws; h) Petitions for the constitution of the family home; i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

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j) 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 k) Cases of domestic violence against: 1) Women - which are 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 movement; and 2) Children - which include 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 or batterer 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. JURISDICTION OF COURT OF TAX APPEALS Exclusive Appellate jurisdiction Review by appeal 1. Decisions of Commissioner of internal Revenue 2. Inaction by the Commissioner of internal Revenue 3. Decisions and orders of RTC in local taxes. 4. Decisions of the Commissioner of Customs 5. Decision of the Central Board of Assessment Appeals 6. Decisions of Secretary of Finance on customs cases 7. Decisions of Secretary of Trade and Industry Exclusive orginal jurisdiction a. All criminal offenses arising from violations of NIRC or Tariff and Customs Code. Principal amount of taxes and fees claimed is less than 1M or no specified amount claimed, it shall be tried by MTC or RTC. b. Tax collection cases. Principal amount of taxes and fees claimed is less than 1M or no specified amount claimed, it shall be tried by MTC or RTC. c. JURISDICTION OF THE CA Exclusive Original Jurisdiction Actions for the annulment of the judgments of the RTCs Concurrent and Original Jurisdiction 1) With the SC to issue writs or certiorari, prohibition and mandamus against the a) Regional Trial Court (RTC) b) Civil Service Commission (CSC) c) Central Board of Assessment Appeals (CBAA) d) Other Quasi-Judicial agencies mentioned in Rule 43, and e) National Labor Relations Commission 2) With the SC and the RTC to issue writs of certiorari, prohibition and mandamus against lower courts and bodies and writs of quo warranto and habeas corpus, whether or not in aid of its appellate jurisdiction. Exclusive Appellate Jurisdiction

JURISDICTION OF THE SANDIGANBAYAN Exclusive original jurisdiction a. Violation of RA 3019 (Anti-graft and corrupt practices act), RA 1379, and Chapter II, Section 2, Title VII of Book II of RPC. b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees in relation to their office. c. Civil and criminal case filed pursuant to and in connection with EO Nos. 1, 2, 14, and 14-A issued in 1986. d. Petitions for issuance of writs of mandamus, certiorari, habeas corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction xxx

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 11 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 the office of the Ombudsman in administrative disciplinary cases 4) Over decisions of the MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction. Note: Under RA 9282, the judgments and final orders of the Court of Tax Appeals (CTA) are no longer appealable by way of petition for review to the CA. CA has the power to try cases, conduct hearings and receive evidence but only those which were simply overlooked by the trial court (Lakas Atenista). RA 7902 restored the power of CA to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within the original and appellate jurisdiction. (Herrera) Review of NLRC is now with the CA. (Herrera) RA 8246- increased the number of CA Justices to 69. Only decisions in exercise of quasi-judicial functions are appealbe to CA. (Herrera) CSC CBAA NLRC; and Quasi-judicial agencies 2) With the CA and the RTC in petitions for certiorari, prohibition and mandamus against lower courts and bodies and in petitions for quo warranto and habeas corpus. (This doctrine is subject to the doctrine of hierarchy of courts 3) With the RTC in cases affecting ambassadors, public ministers and consuls Appellate Jurisdiction By way of petition for review on certiorari (appeal by certiorari under Rule 45 against the: 1) CA 2) Sandiganbayan 3) RTC a) On pure questions of law and b) 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 c) CTA in its decisions rendered en banc Appeal to SC if the case involves 100% pure jurisdiction as an issue or 100% question of law. If mixed with a factual issue, appeal should be in CA without prejudice to the filing of the same with SC later (Lakas Atenista). General Rule: The SC is not a trier of facts Exceptions: 1) When the findings of are grounded entirely on speculation, surmises or conjectures; 2) When the inference made is manifestly mistaken, absurd or impossible; 3) When there is grave abuse of discretion; 4) When the judgment is based on a misapprehension of facts; 5) When the findings of facts are conflicting; 6) 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; 7) When the findings are contrary to the trial court; b) c) d) e)

JURISDICTION OF THE SC Exclusive Original Jurisdiction Petitions for certiorari, prohibition and mandamus against: 1) CA 2) COMELEC 3) COA; and 4) Sandiganbayan Note: Because the CTA has now the same rank as the CA by virtue of RA 9282, the CTA, it is believed should be included in this enumeration. Concurrent Original Jurisdiction 1) With the CA in petitions for certiorari, prohibition and mandamus against the: a) RTC

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 12 Jurisdiction

8) When the findings are conclusions without citation of specific evidence on which they are based; 9) When the facts set forth in the petition as well as in the petitioners main and reply briefs are not disputed by the respondent; 10) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and 11) When the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion. Cases which under the Constitution must be heard en banc 1. Constitutionality or validity of any treaty, EO, law, ordinance, or executive agreement. 2. Criminal cases in which the decision imposes death penalty. 3. Cases raising novel question of law 4. Affecting ambassadors, public ministers, and consuls 5. Cases where a doctrine or principle laid down by the court en banc or in division may be modified or reversed. 6. Cases assigned to a division which in the opinion of at least 3 members merit the attention of the Court en banc and are acceptable by a majority vote of the actual membership of the Court en banc 7. All other cases as the Court en banc by a majority of its actual membership may deem of sufficient importance to merit its attention 8. Cases where the penalty to be imposed is the dismissal of a judge, officer, or employee of SC, disbarment of a lawyer, or suspension of any of them for a period of more than one year or a fine of P10,000, or both 9. Cases involving decisions, resolutions, or orders of the Sandiganbayan, COMELEC, COA or Military Tribunals. 10. Habeas corpus against government or military officials. 1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential Decree No. 1083; 2. All cases involving disposition, distribution and settlement of the estate of a deceased Muslim, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property; 3. Petitions for declaration of absence and death and for cancellation and correction of entries in the Muslim Registries mentioned in Title VI, Book Two of Presidential Decree No. 1083; 4. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; 5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all auxiliary writs and processes in aid of its appellate jurisdiction;

It has concurrent original jurisdiction over the following: 1. Petitions by Muslims for the constitution of the family home, change of name and commitment of insane person to any asylum; 2. All other personal and real actions not mentioned in paragraph 1(d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer which shall fall under the exclusive original jurisdiction of the Municipal Circuit Courts; and 3. All special civil actions for interpleader or declaratory relief where the parties are Muslims or the property involved belongs exclusively to a Muslim. The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. It shall decide every case on the basis of the evidence and the records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit. The decisions of the Shari'a District Courts,

THE SHARI'A DISTRICT COURTS It has exclusive original jurisdiction over the following:

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.

CIVIL PROCEDURE 13 Jurisdiction

whether on appeal from the Shari'a Circuit Courts or not, shall be final. The Supreme Court shall, however, continue to exercise original and appellate jurisdiction over certain issues as provided by the Constitution. THE SHARI'A CIRCUIT COURTS Equivalent to the Municial Circuit Trial Courts are the Shari'a Circuit Courtswhich were established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. There are five Shari'a Circuit Courts and fifty one Shari'a Circuit Courts in existence. A Shari'a Circuit Court has original jurisdiction over the following: 1. All cases involving offenses defined and punished under Presidential Decree No. 1083; 2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 of Presidential Decree No. 1083 involving disputes relating to: a. Marriage; b. Divorce recognized under Presidential Decree No. 1083; 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 concolotary gifts(mut'a); and g. Restitution of marital rights. 3. All cases involving communal properties. disputes relative to

Unless otherwise stated, the reference material used for this reviewer is Rianos 2009 edition of Civil Procedure: A Restatement for the Bar.