RED PEATONAL PREFERENTE
8. ACCIONES PARA LA MEJORA DE LA MOVILIDAD CICLISTA
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.
(7) Petitions for Declaratory Relief [Sec. 1, Rule 63]
Concurrent Original Jurisdiction
(1) With SC in cases affecting ambassadors, public ministers and consuls.
(2) With SC and CA
(a) Petitions for certiorari, prohibition and
mandamus against lower courts and
bodies;
(b) Petitions for quo warranto;
(c) Petitions for writs of habeas corpus.
(3) With SC, CA and Sandiganbayan
(a) Petitions for writ of amparo and habeas
data.
(4) With Insurance Commissioner for claims not exceeding P100,000
Appellate Jurisdiction over cases decided by lower courts in their respective territorial jurisdictions, except those made in the exercise of delegated jurisdiction, which are appealable in the same manner as decisions of the RTC [Sec. 34, BP 129, as amended]. 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.
B.6 FAMILY COURTS [RA 8369]
(1) Criminal cases where one or more of the accused is below 18 or one or more of the victims was a minor;
(2) Petitions for guardianship, custody of children and habeas corpus involving children;
(3) Petitions for adoption of children and the revocation thereof;
(4) 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;
(5) Petitions for support and/or acknowledgment;
(6) Summary judicial proceedings brought under the provisions of the Family Code;
(7) 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, s. 1986, and other related laws;
(8) Petitions for the constitution of the family home;
(9) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
(10) Violations of RA 7610, or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act; and
(11) Cases of domestic violence against Women and Children
B.7 METROPOLITAN TRIAL COURTS/ MUNICIPAL TRIAL COURTS
Exclusive Original Jurisdiction
(1) If the amount involved does not exceed P300,000 outside Metro Manila or does not exceed P400,000 in Metro Manila in the following cases:
(a) Actions in admiralty and maritime jurisdiction;
(b) Matters of probate (testate or intestate);
(c) Other actions involving personal property;
(d) Demand for money;
(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 Metro Manila or does not exceed P50,000 in Metro Manila
(3) Inclusion and exclusion of voters
(4) Those governed by the Rules on Summary Procedure
(5) Forcible entry and unlawful detainer (FEUD)
(a) With jurisdiction to resolve issue of ownership to determine ONLY issue of possession (provisional only)
(b) Irrespective of the amount of damages or unpaid rentals sought to be recover
(c) Where attorney’s fees are awarded, the same shall not exceed P20,000 {Should these three be just a child of FEUD, as done in this version of the reviewer, or should these three be listed as separate items, as done in the original version?}
(6) 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. {Editor does not know the basis for this item.}
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:
(1) There is no controversy over the land (2) In case of contested lands, the value does
not exceed P100, 000:
(a) The value is to be ascertained: (i) By the claimant’s affidavit (ii) By agreement of the respective
claimants, if there are more than one
(iii) From the corresponding tax declaration of the real property NOTE: MTC decisions in cadastral and land registration cases are appealable in the same manner as RTC decisions
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
B.8 SHARI’A COURTS
Exclusive Original Jurisdiction of
Shari’a District Courts
(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 of Shari’a District Courts
The Shari’a courts shall have original jurisdiction concurrently with existing civil courts for:
(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. (d) of the immediately preceding topic, wherein the parties involved are Muslims
Exception: 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
Appellate Jurisdiction of Shari’a
District Courts
Such courts have appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within their territorial jurisdiction.
Exclusive Original Jurisdiction of
Shari’a Circuit Courts
(1) Offenses defined and punished under PD
1083
(2) Disputes relating to:
(a) Marriage;
(b) Divorce under PD 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 consolatory gifts (mut’a); and
(g) Restitution of marital rights
(3) Disputes relative to communal properties The Shari’a District Court or the Shari’a Circuit Court may constitute an Agama Arbitration Council to settle certain cases amicably and without formal trial. The Council is composed of the Clerk of Court as Chairperson and a representative of each of the conflicting parties.
C. JURISDICTION OVER SMALL
CLAIMS
MTCs, MeTCs and MCTCs shall have jurisdiction over actions for payment of money where the value of the claim does not exceed P200,000 exclusive of interest and costs [Sec. 2, AM 08-8-7-SC, February 1, 2016].
Applicability [Sec. 2, AM 08-8-7-SC, February 1, 2016]: all actions which are purely civil in nature, where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money. The claim or demand may be:
(1) For money owed under a contract of lease, loan, services, sale, or mortgage
(2) For liquidated damages arising from contracts;
(3) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of the LGC.
D. CASES COVERED BY RULES ON
SUMMARY PROCEDURE
Civil Cases subject to Summary Procedure
(1) All cases of forcible entry and unlawful detainer (FEUD), irrespective of the amount of damages or unpaid rentals sought to be recovered; and
(2) All other cases, except probate proceedings where the total amount of the plaintiff‘s claim does not exceed P100,000 (outside Metro Manila) or P200,000 (in Metro Manila), exclusive of interest and costs.
Probate proceedings are not covered by the Rule on Summary Procedure even if the gross value of the estate does not exceed the above-mentioned amounts.
Prohibited Pleadings
[Sec. 19, 1991 Revised Rule on Summary
Procedure]
(1) Motion to dismiss the compliant except on the ground of
(a) Failure to comply with barangay conciliation proceedings; or
(b) Lack of jurisdiction over the subject matter
(2) Motion for a bill of particulars;
(3) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(4) Petition for relief from judgment;
(5) Motion for extension of time to file pleadings, affidavits, or any other paper;
(6) Memoranda;
(7) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(8) Motion to declare the defendant in default;
(9) Dilatory motions for postponement;
(10) Reply;
(11) Third-party complaints; and
(12) Interventions.
E. CASES COVERED BY 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
F. 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 out of the same or different transactions [Sec. 33[1], BP 129].
III. Commencement of
Actions to Trial
A. ACTIONS
An ordinary suit in a court of justice by which one party prosecutes another for the enforcement or protection of a right or the prevention or redress of a wrong [Potente v.
Saulog Transit, G.R. No. L-12300 (1959)]
An action is the legal and formal demand of one’s right from another person made and insisted upon in a court of justice. The determinative operative act, which converts a claim into an action, is its filing with a court of justice. [Riano]
This is distinguished from the cause of action, which is the fact or combination of facts which affords a party a right to judicial interference in his behalf [Into v. Valle, G.R. No. 145379 (2005)] and which is the basis of ordinary civil actions. [Sec. 1, Rule 2]
A.1 KINDS OF ACTIONS CIVIL ACTION
One by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong [Sec. 3(a), par. 1, Rule 1]
• Ordinary civil action – civil action that is governed by the rules for ordinary civil actions
• Special civil action – civil that is subject to the specific rules prescribed for a special civil action but also governed by the rules for ordinary civil actions [Sec.
3(a), par. 2, Rule 1]
CRIMINAL ACTION
One by which the State prosecutes a person for an act or omission punishable by law [Sec.
Kinds of Ordinary Civil Actions
(1) As to place
(a) Transitory – action founded on privity of contract between parties; brought in the place where the party resides (b) Local - action founded on privity of
estate only and there is no privity of contract; brought in a particular place
(2) As to object (a) Action in rem (b) Action quasi in rem (c) Action in personam
(3) As to foundation (a) Real
(b) Personal
A.2 CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS
Civil Action – one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Sec. 3(a), par. 1, Rule 1]
Special Proceeding – remedy by which a party seeks to establish a status, a right, or a particular fact. [Sec. 3(c), Rule 1]
Action Proceeding Special As to Parties Involves at least 2 parties Involves at least 1 party or 2 or more parties in proper cases As to cause of action
Involves a right and a violation of such right by the defendant, which causes some damage or prejudice upon the plaintiff
Does not involve the violation of a right, instead is concerned with the
establishment of a right (or of a status or a particular fact)
As to formalities
Requires the application of legal remedies in
accordance with the prescribed rules Requires no such formalities, as it may be granted upon application As to governing rules Ordinary rules of procedure Special rules of procedure
Action Proceeding Special As to appeal from an Interlocutory Order
Cannot be directly and immediately appealed to the appellate court until after final judgment on the merits
Can be immediately and directly
appealed to the appellate court A.3 PERSONAL ACTIONS AND REAL ACTIONS
The distinction is importation for purposes of determining venue: “The question whether or not venue has been properly laid depends to a great extent on the kind of action (real or personal) presented by the Complaint.” [PICOP v. Samson, G.R. No. L-30175 (1975)] REAL ACTION
An action affecting title to or possession of real property, or interest therein. [See Sec. 1, Rule 4]
A real action is ‘local,’ i.e. its venue depends upon the location of the property involved in the litigation. [Sec. 1, Rule 4; BPI v.
Hontanosas, G.R. No. 157163 (2014)]
Not every action involving real property is a real action because the realty may only be incidental to the subject matter of the suit. See again the cases of Heirs of Bautista and
Olivarez Realty: in both cases, the SC held
that the conveyance of real property was only incidental to the determination of things that were incapable of pecuniary estimation. PERSONAL ACTION
All other actions [Sec. 2, Rule 4]
A personal action is ‘transitory,’ i.e. its venue depends upon the residence of the plaintiff or of the defendant, at the option of the plaintiff. [Sec. 2, Rule 4; BPI v.
A.4 LOCAL AND TRANSITORY ACTIONS
Local action Transitory action
One that could be instituted in one specific place [Manila
Railroad v. Attorney- General, G.R. No. L-
6287 (1911)]
One that could be prosecuted in any one of several places [Manila Railroad v.
Attorney-General,
G.R. No. L-6287 (1911)]
Venue depends upon the location of the property involved in the litigation [BPI v.
Hontanosas, G.R. No.
157163 (2014)]
Its venue depends upon the residence of the plaintiff or of the defendant, at the option of the plaintiff [BPI v. Hontanosas, G.R. No. 157163 (2014)]
E.g. Action to recover
real property E.g. Action to recover sum of money If action is founded on privity of contract between parties, then the action is transitory. [De la Cruz v. El Seminario de la Archidiocesis
de Manila, G.R. No. L-5402 (1911)]
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. [De la Cruz v. El Seminario
de la Archidiocesis de Manila, G.R. No. L-5402
(1911)]
A.5 ACTIONS IN REM, IN PERSONAM, OR QUASI IN REM
The distinction is important to determine whether or not jurisdiction over the person of the defendant is required, and the type of summons to be employed. [Riano]
ACTION IN REM
One which seeks to determine the state or condition of a thing.
ACTION QUASI IN REM
One which seeks to directly subject the property or interest of named defendants to the obligation or lien of the plaintiff.
ACTION IN PERSONAM
One which seeks to enforce personal rights and obligations brought against the person. Its purpose is to impose, through the judgment of the court, some liability directly upon the person of the defendant.
The rule is that: (1) a judgment in rem is binding upon the whole world, such as a judgment in a land registration case or probate of a will; and (2) a judgment in personam is binding upon the parties and their successors-in-interest but not upon strangers. [Munoz v. Yabut, G.R. No. 142676 (2011)]
In actions in personam, courts must acquire jurisdiction over the person of the parties: recall the Regner case [Regner
v. Logarta, G.R. No. 168747 (2007)], which
clarified that a court must acquire jurisdiction over the persons of indispensable parties before it can validly pronounce judgments personal to the parties – this ruling is applicable to actions in personam.
In actions in rem and quasi in rem, jurisdiction over the person of the parties is not essential: see again the
Biaco case [Biaco v. Phil. Countryside Rural Bank, G.R. No. 161417 (2007)], where the SC
clarified that 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 that the court acquires jurisdiction over the res.
Table: Actions in rem, in personam, and quasi in rem
Action in
rem personam Action in
Action quasi in rem Directed against the thing itself Directed against particular persons 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 binding only upon impleaded parties or their successors in interest Judgment binging upon particular persons E.g. Probate proceeding, cadastral proceeding E.g. Collection suit, Action for Damages E.g. Action for partition; foreclosure of real estate mortgage
A.6 INDEPENDENT CIVIL ACTIONS [SEC. 3, RULE 111]
An independent civil action may be brought in the cases provided by:
(1) Art. 32, Civil Code (Violation of Constitutional rights by a public officer or employee, or a private individual)
(2) Art. 33 (defamation, fraud, or physical injuries)
(3) Art. 34 (refusal or failure to render aid or protection by a member of the police