CIVIL PROCEDURE

General View
Filing of Complaint (Plaintiff)
Court issues summons to defendant

Q: What if the case wasnt referred to the lupon?

A: The case will be dismissed (Rule 16)
(j) failure to comply with the condition precedent

Lack of cause of action is under Rule 2

Defendant may answer, not answer, or file a motion to

dismiss

Mediation and JDR

Not Settled

Settled (CASE IS OVER)

Pre-trial Proper
Trial
Defendant may file demurrer to evidence
If granted: case is dismissed
If not granted or no demurrer is filed
Judgment
MR

Appeal

Motion for New Trial

Appeal

Up to the Supreme Court

Judgment becomes final and executory (lapse

into finality, 15 days after receipt of the copy of
the judgment)
Execution
Provisional Remedies
Preliminary Attachment, Preliminary Injunction,
Receivership, Replevin, Support Pendente Lite
Special Civil Actions
Have their own rules
Interpleader, declaratory relief, mandamus,
quo warranto, partition, ejectment case,
contempt
Ordinary Civil Action

Damages, collection of sum of money

Local Government Units

Referral to the lupon: barangay

Criminal cases (light offenses: penalty is less

than 1 year of imprisonment)

Civil cases: ALL

Except: settlement of estate
Other exceptions:
1. One of the parties is an artificial person
2. Parties are residents of different cities or
municipalities
Q: The parties are residents of different
barangay but same city. Which barangay would
handle the case?
A: Respondents barangay. It will be easier to
ensure compliance of the respondent to the
order.
3.
4.

Properties
One party is a government employee

No lawyers are welcome in the lupon. Only the

parties must be present.
If one of the parties needs assistance, he can
be assisted by a relative provided the relative
is not a lawyer.
The parties will enter into compromise
agreement/settlement which shall be final after
10 days, as if it is a judgment rendered by the
Court.

JURISDICTION
Supreme Court
Court of Appeals
Only one CA in the Philippines but three
branches: Manila, Cebu and Cagayan de
Oro
RTC

In every judicial region

Alphabetical region
MTC
MeTC
MTCC
MCTC
In each
Only
(Baguio Benguet
municipalit
one.
)
y
Metro
Manila
Trial Courts: RTC, MTC, MeTC, MTCC, MCTC
Appellate Court: CA

69 justices, divided into 23 divisions,

members per division

Lead by the Presiding Justice

Supreme Court

Court of last resort/ Fundamental Court

15 justices
2 divisions, 7 members
3 divisions, 5 members
5 divisions, 3 members

Lead by the Chief Justice of the Philippines

Original vs. Appellate Jurisdiction

Original
Case
is
being
considered for the
very first time by the
court

Appellate
Case is being
considered

re-

Original Jurisdiction
Exclusive: you can file a case in a specific court
alone
Concurrent: you can file a case in either court.
SC-CA
SC-CA-RTC
SC-RTC
Doctrine of Hierarchy of Courts: file a case
in the lowest court possible
o WHY? To afford respect to the higher
court.

MTC

RTC

Practical
1. Less filing fees
2. More convenient venue
3. More remedies

CA
SC

Concurrent original

o
o

Appellate

Appellate

If the doctrine of hierarchy of courts

is violated, the court can dismiss the
case
The doctrine only applies to those
exercising
concurrent
original
jurisdiction.

Original Exclusive Jurisdiction of CA

Annulment of judgment of RTC (Rule 41)

Do not go before other RTC branches
because they have co-equal jurisdiction.

Original Exclusive Jurisdiction of RTC

Cases incapable of pecuniary estimation

Cannot be equated with money
e.g. specific performance
Two tests:
1. Nature of the action (Prevailing Test)
Read the complaint: what does it want?
Q: Why is there a need to identify the
amount?
A: The amount indicates where to file
the case. If there is no amount, file it to
the RTC.
2. Ultimate Objective Test
The end goal of the parties
E.g. Shares of stock: capable of
pecuniary estimation