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REMEDIAL LAW REVIEWER | CIVIL PROCEDURE

Any judgment, decision or final order rendered by


from the cases from RTC for taxation cases BUT it
a court without jurisdiction is NULL AND VOID.
is implied that local tax cases must not be
brought to the CA on certiorari, but must be
Estoppel
brought to the CTA.
(Boston Equity vs. CA: Jurisdictional Estoppel by
This means that the dismissal of this case due to
Laches only applies to Jurisdiction over the
lack of jurisdiction is implied to the CTA. Bar 2015
subject matter, it is jurisdiction over the person,
jurisdictional estoppel does not apply)
1. HIERARCHY OF COURTS
- it does not mean that when a
KINDS OF JURISDICTION
case is cognizable by different
1. Original when it is the 1st time that the
courts that you have the option
court takes cognizance of the case
- you must firs begin with the
2. Appellate if the 2nd, 3rd, 4th time that the
lowest court (RTC)
court takes cognizance of the case
EXCEPTION: Principle of Transcendental
a. 2
KINDS
OF
ORIGINAL
Importance
JURISDICTION
i.
ORIGINAL EXCLUSIVE only
2. PRINCIPLE
OF
TRANSCENDENTAL
this court can take cognizance
IMPORTANCE
of the case
- if it is so important to the
i.e. UD &FE (R.70) MTC only
national welfare, the court can
take cognizance of the case due
ii.
ORIGINAL CONCURRENT
to transcendental importance
- this means that a justiciable
- i.e.: Social justice society officers
issue
may
be
taken
vs. Mayor Lim Petitioners filed
cognizance by more than 1
a declaratory relief to the SC. SC
court
did
not
dismiss
due
to
- i.e. certiorari, mandamus
transcendental importance
and quo warranto may be
since a declaratory relief must
filed in CA, RTC, SC, CTA
be filed with the RTC and only
- AM 07-7-12-SC (certiorari
considered
the
case
as
may
be
filed
in
prohibition and mandamus.
Sandiganbayan & CTA, no
longer in aid of jurisdiction,
3. SUPREME COURT IS NOT A TRIER OF
it is no longer WON in aid of
FACTS
its appellate jurisdiction)
- about the implementation of
- WON in aid of appellate
Rule 45, Sec. 1 provides that you
jurisdiction is now only with
can raise to the SC only
the COMELEC.
questions of law, never a
question of fact
Prerogative
EXCEPTION :
writs that are
CITY OF MANILA v. JUDGE CUERDO
i.
Writ of Amparo
appealable to
FACTS :
ii.
Writ of Habeas
SC under Rule
45 on both
The city of Manila filed a case for local taxation
Data
question of
against SM which paid under protest. SM filed
iii.
Writ of Kalikasan
fact and law
TRO and injunction which Judge Cuerdo granted.
On appeal by certiorari, the CA dismissed the
case. Hence the petition.
ISSUE: WON the CA gravely abused its discretion
JURISDICTION OVER THE TERRITORY
in dismissing the case
HELD :
- not applicable in civil cases, territoriality
There is split jurisdiction here which is an
is a matter of VENUE.
anathema to procedure, so that there can be no
- In CRIMINAL CASES, VENUE IS
split jurisdiction between the CTA and CA. But
JURISDICTIONAL.
pursuant to RA 9282, the CTA was elevated to the
level of CA so that this RA does not provide for
JURISDICTION OVER THE RES
the authority of the CTA to take cognizance of
special civil actions. It only provides for appeals
REMEDIAL LAW REVIEW 1
ARELLANO UNIVERSITY SCHOOL OF LAW

AMPUAN, Kevin

the object of the action, the thing


rights, status, property
2 CLASSIFICATION OF ACTIONS

1. a. In personam
- actions strictly in personam,
the court must acquire
jurisdiction over the person
of the defendant
2. In rem court does not need to acquire
jurisdiction over the person of the
defendant as long as it acquires
jurisdiction over the thing. So that, if the
action is strictly in personam and there is
no way in which the court can acquire
jurisdiction over
MODES OF DISCOVERY
-

for speedy administration of justice


1.
2.
3.
4.
5.
6.

Deposition pending action (Rule 23)


Deposition before action (Rule 23)
Deposition pending appeal (Rule 24)
Interrogatories to parties (Rule 25)
Admission by the adverse party (Rule 26)
Production and inspection of Documents
(Rule 27)
7. Production and inspection of things (Rule
27)
8. Production of Documents (Rule 27)
9. Production of Things (Rule 27)
10. Inspection of Documents (Rule 27)
11. Inspection of Things (Rule 27)
12. Physical and Mental Examination of
Persons (Rule 28)
13. Physical Exam of Persons ( Rule 28)
14. Mental Exam of Persons (Rule 28)
When may be taken?
- under Rule 23, only parties may move for
deposition

i.
ii.

by Leave of Court after jurisdiction has


been obtained over any defendant or
property and before answer
without such leave after an answer has
been served

2 ways of taking deposition


i.
upon oral examination
ii.
upon written interrogatories (questions
are prepared for direct examination;
questions are prepared before hand
and sent to the parties :
cross examination 10 days
direct examination 5 days
re-cross examination 3 days
consolidate
Requirement
- for proponent to five notice to all parties
regarding taking deposition of the deponent
(who may or may not be a party to the
case)
Content of Notice
- time and place of depositions
- name of deposition officer
- if locally done - can be
notary public or any one
who can administer oath
(i.e. fiscal)
- if done abroad - go to
consular officer, or anyone
there who can administer
oath, or those appointed by
commission/letters rogatory
PROCEDURE :

cross exam
re-cross (via stenographice
notes

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