Jurisdiction_lecture Notes Sy 2011-2012

7/28/2019 Jurisdiction_lecture Notes Sy 2011-2012

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Notes by Pich(Read at your own risk)

JURISDICTION (Lectures by Atty. Nick) SY 2011-2012

I. PRINCIPLES OF JURISDICTION

Note:

Jurisdiction starts with the filing of COMPLAINT (initiatory pleading).In a civil procedure complainant plaintiff

Summon invitation to answer the complaint (to be served to the defendant)

Pre-trial procedure before the main trial- to simplify the issue

- mark the exhibit

- identify witnesses (witness not identified in pre-trial cannot testify)- evidence not marked cannot be used in trial.

Interlocutory order order before judgment.

Motion for reconsideration motion filed by the aggrieved party - the court

may review the decision.

Appeal file to higher level court.

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Principle 1Jurisdiction is the power and duty to hear, try and decide cases.

Note:

Jurisdiction is not only a power but also a duty.

Court can be compelled to decide through mandamus.

Courts/quasi-judicial body may give relief.Courts and administrative agencies with quasi-judicial function has

jurisdictions.

Principle 2

Jurisdiction, once attached, cannot be ousted.

Note:

Jurisdiction will be determined based on existing law.

Principle 3

A decision rendered by a court without jurisdiction is VOID. It is a dead limb on a judicial tree.

Note:

If there is no jurisdiction, all the process is VOID.

Principle 4

Jurisdiction has four aspects:a. Jurisdiction over the subject matter

b. Jurisdiction over the persons of the parties

c. Jurisdiction over the res*

d. Jurisdiction over the territory**

Note:

a and b applies to civil case*defendant is abroad/ or cannot be found property or thing

**relevant in a criminal case

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Principle 5

Jurisdiction (over the subject matter) is conferred by law.

Note:It is the law that assigns a case to a particular court.

Jurisdiction is created by law.

It is the law that determines jurisdiction.

Jurisdiction is a legislative act.Only the law can be the source of jurisdiction.

Jurisdiction is always determined by law.

Jurisdiction is always de jure.There is no de facto jurisdiction.

Rules of court cannot be the source of jurisdiction.

Principle 6

Jurisdiction (over the subject matter) is substantial, not procedural.

Note:

Substantial law law that creates rights and obligations.

Procedural law (remedial law) law that gives procedures or step by stepprocess and the remedy.

Rules of court is a procedural law.

Principle 7

Jurisdiction (over the subject matter) cannot be :

a. waived;b. renounced; or

c. be a subject of a compromise

Principle 8

Lack of jurisdiction (over the subject matter) may be raised at anytime.

But a party may be barred by laches from raising the issue.

Note:Laches stale claims

Barred not because of the period of time but of fairness.

Should be at the earliest possible opportunity

Case: Tijam vs. Sibonghanoy

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Principle 9

Jurisdiction (over the subject matter) has to be invoked by filing an initiatory pleading.

Note:Complaint Civil Case

Information Criminal Case

Petition Administrative Case

Principle 10

Where the court has no jurisdiction (over the subject matter), the only power it has is to dismiss the case.

Note:Jurisdiction is vested in court (not on the judge, division, branches, etc.)

II. ASPECTS OF JURISDICTION

Jurisdiction has four aspects:

a. Jurisdiction over the subject matterb. Jurisdiction over the persons of the parties

c. Jurisdiction over the res

d. Jurisdiction over the territory

Jurisdiction Over the Subject Matter

1. It is conferred by law

2. It is determined by initiatory pleading

CASES PLEADING

Civil ComplaintCriminal Information (in criminal

case, territory is relevant)

Administrative Petition

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Jurisdiction over the subject matter (Exception to the rule)

Rule: Jurisdiction over the subject matter is

determined by the initiatory pleadingException: What: Preliminary hearing

When: Defense of agricultural tenancy in an

ejectment case

Note:

If there is a tenancy relationship between the plaintiff and the defendant, the

court will have no jurisdiction, and must forthwith dismiss the case. The matterwill come under the exclusive jurisdiction of the Department of Agrarian

Reform Adjudication Board (DARAB).

Jurisdiction over the subject matter (Exception to the rule)

Rule: Lack of jurisdiction over the subject matter maybe raised at anytime

a. even after final judgment

b. even during appeal

Exception: A party is estopped by laches from raisingthe lack of jurisdiction

Reason: A party has to raise the issue of jurisdictionat the earliest possible time

Laches (stale demands)

Failure or neglect for anUnreasonable and un-Explained

Length of time to do which, by

Exercising due diligence, could or should beDone earlier.

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Jurisdiction over the persons of the parties

Cases Offended Offender

Civil Plaintiff Defendant

Criminal Private Complainant

Public Complainant

Accused

Administrative Complainant Respondent

Over the person of the plaintiff

Plaintiff How Acquired

(a) Resident By filing a complaint

(b) Non-resident By filing a complaint

Note:

Filing a complaint invoking the power of the court.

Can a complaint be amended? YES

1. with leave of court (w/ permission) if answer is filed,

complaint can be amended with permission of the court.

2. without leave of court if answer ins not yet filed,complaint can be amended.

Over the person of the defendant

Defendant How Acquired

(a) Resident (a) valid service of summons(b) voluntary appearance

(b) Non-resident (a) valid service of summons

(b) voluntary appearance

(c ) substituted service

Note:

- Summons should be validly served (summons, complaints, evidence)

- Voluntary appearance going to court even if not validly received thesummon

- If summon is not validly served, let the defendant voluntary appear and answer

the summon- Special appearance the court does not acquires jurisdiction over the person

of the defendant file a motion to dismiss for lack of jurisdiction

When substituted service relevant? Only on Non-resident defendant.

Over the person of the accused

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How acquired:

(b) Arrest(c) Voluntary Surrender (a mitigating circumstances)

Note:

Arrest taking of the custody of the person of the accused so that he will

answer the complaints against him in court.

Constitution provides that only the judge can issue the warrant of arrest.

Jurisdiction over the res (property or thing)

When applicable: If court cannot acquire jurisdiction over

the person of the defendant because:

(a) he is non-resident

(b) cannot be found(c) cannot be served with summons

How served: Extra-territorial service

Substituted Service vs. Extra-Territorial Service

Substituted Service of

Summons

Extra-Territorial Service of

Summons

(a) by leaving copies at

defendants residence(b) by leaving copies at

defendants business

(a) Personal Service

(b) Publication + registered mailto last known address

Note:If defendant cannot be found quasi in rem

Substituted Service of Summons vs. Substituted Service pleadings, etc.

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Summons(a) To suitable age and

discretion residing in

Defendants residence

(b) To competent personin-charge of business


Pleadings,Motions,

Orders,

Resolutions,

Other papers,Notices

(a) by leaving copies atdefendants residence

(b) by leaving copies at

defendants business

(a) by delivering a copy to theclerk of court

Service to Juridical Persons

Domestic Private Corp. Foreign Private Corp.

President

General ManagerTreasurer

Managing Partner

In-house counselCorporate Secretary

Resident Agent

Government Official

Service to Public Corporation

Defendant is: Served to:

National Government Solicitor General

Local Government Executive Head of Officer as the lawmay direct

Public Corporation Executive Head of Officer as the lawmay direct

Service to Incapacitated Person

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Incapacitated includes: Minor

InsaneIncompetent

To whom served: Him personally

Legal GuardianGuardian Ad Litem

To whom served if minors: In addition to above:Father or Mother

Jurisdiction over the Territory

(1) Applicable to Criminal Cases

(2) Venue is jurisdictional in Criminal Cases

Note:

In civil cases venue can be agreed upon, venue is not part of jurisdiction.

Exception to Jurisdiction over the Territory

Rule: Court has jurisdiction over the territory in the

Philippines where the crime is committedExcept: On Philippine Ship or Airship

Public Officer or Employees

Introducing forged coins, notes and securitiesNational Security Crimes

Against Law of the Nations (Crimes)

Securities, Coins or Notes forging

Exception to

exception:

Treaties

Laws of preferential applications

III. KINDS OF JURISDICTION

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Note:

In criminal cases Venue is jurisdictional.Jurisdiction is conferred by law law assigns the case to a particular court (may

transfer branch as long as it is within the same court).

Kinds of Jurisdiction

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Jurisdiction over the:a. Subject Matter

b. Persons of the Parties

c. Resd. Territory

Jurisdiction Over the Subject MatterPower to deal with the general subject involved in an action.

(cases assigned to a particular court)

Jurisdiction Over the Person of the Parties

1. Power to render judgment against a person2. Acquired by:

a. Submission to the courts authorityb. Voluntary appearance

c. Coercive power of legal process (arrest)

Jurisdiction Over the Res (Extra-territorial service)1. Power over the property

2. Obtained by:

-Seizure of the property and constructive service of process to persons whose rights in theproperty are affected

Jurisdiction Over the Territory

Power over the place within which the power is to be exercised.

Other Kinds of Jurisdiction

Civil and CriminalOriginal and Appellate

Limited and General

Exclusive and Concurrent

Delegated

Civil and Criminal Jurisdiction

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Note:

On act or omission punishable by law offended party is invoking criminaljurisdiction.

Original and Appellate Jurisdictions

Limited and General Jurisdictions

Exclusive and Concurrent Jurisdiction

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Civil Jurisdiction Exist if the case is not of a criminal nature

CriminalJurisdiction

Exist for the cognizance of a criminal offense andimposition of penalty after a lawful trial

OriginalJurisdiction

Conferred on or inherent in a court of firstinstance

Appellate

Jurisdiction

Rehear and determine causes or review cases

which have been tried in inferior courts

Limited

Jurisdiction

Confined to particular cases

General

Jurisdiction

Extends to all cases

ExclusiveJurisdiction

Confined to particular tribunal only

Concurrent

Jurisdiction

Exercised by different courts:

Over the same subject matterWithin the same territory

At the same time


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IV. DOCTRINES IN JURISDICTION

Doctrines, Principles and Rules

1. Judicial Power2. Judicial Review

3. Judicial Supremacy4. Judicial Hierarchy

5. Judicial Stability

6. Adherence to Jurisdiction7. Non-Interference

8. Primary Jurisdiction

9. Exhaustion of Administrative Remedies10. Residual Jurisdiction

11. Estoppel in Jurisdiction

12. Equity Jurisdiction13. Error of Jurisdiction

Judicial Power1. Power of court of proper jurisdiction to determine controversies between adverse litigants.

2. Power to determine grave abuses of discretion amounting to lack or excess of jurisdiction.

Judicial Review

Courts power to review the acts of administrative agencies exercising quasi-judicial power even

though it does not give the right of review.

Judicial Supremacy

Courts power to annul the acts of the other governmental branches if not conformable to thefundamental law.

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Note:Judiciary uphold Constitution which is supreme..

Judicial Hierarchy1. Four level of courts

2. Parties must observe jurisdiction for each level in filing their cases.

Judicial Stability

1. Courts duty to not interfere with regular order of a co-equal court.

2. Except if a 3rd

party claimant is involved.

Note:The decision of a co-equal court should be the same as a respect to a co-equal

court.

Non-forum shopping same fact, same party, same cause of action.

Exception - if another party filed in another court claiming the same facts.

Adherence to Jurisdiction

1. Jurisdiction once it attaches cannot be ousted by the happening of a subsequent event.

2. Except if the law is curative. (e.g. SEC from quasi-judicial to administrative body)

Non-Interference in Association

1. The court will not interfere with the internal affairs of unincorporated association so as to settledisputes between members.

2. Exceptions: Fraud

Ultra-vires act

Lack of jurisdictionViolative of law

Oppression

Primary Jurisdiction

The claim is cognizable in the first instance by the court but its process is suspended pending

referral of the issues to an agency for its views.

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Note:Suspended decision until agency expert on the issue has given its views.

Exhaustion of Administrative Remedies

The claim is cognizable in the first instance by an agency but the court will not interfere until

administrative process has run its course.

Note:Observe protocol, exhaust administrative procedure before filing cases in court.

Residual Jurisdiction

1. An extension of the original jurisdiction of the trial court.2. The court has jurisdiction after perfection of an appeal.

3. The power involves:

a. Preservation of rights of the partiesb. Approve compromise

c. Permit appeals of indigent litigants

d. Order of execution

Estoppel in JurisdictionA party may be barred by estoppel by laches from invoking plea for the first time on appeals for

the purpose of annulling everything done in case with the active participation of said party invoking

plea.

Equity in Jurisdiction

1. Equity is the justice outside the law.2. Equity follows the law.

3. Except in case when:

a. There is a lawb. There is judicial legislation

c. There is contract or extends its life

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Note:

If there is no remedy in law there is remedy in equity.

If the law does not give relief there is remedy in fairness / equity.

Error in Jurisdiction

Error of jurisdiction erroneous exercise of power

Versus

Excess of jurisdiction acted without authority

Lack of jurisdiction want of authority

V. KATARUNGANG PAMBARANGGAY LAW

Court System and Barangay

MTC

MTCC

MCTC

METC

MTC MTC MTC

MTC

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Note:Barangay has no judicial power

There is no such thing as Barangay Court.

Overview of a Barangay

Mediation and Conciliation

Start

Complainant

Complaint

LUPON

Chairman

Summon

Respondent

Answer

MEDIATION CONCILIATION CERTIFICATES

Motion for

Execution

Voluntary

Compliance

PANGKAT

Constituted

COURT

End

Note:There is a possibility that neighbors belongs to different barangay.

Lupon Chairman Barangay Chariman or Head of Lupon

Barangay Chairman will choose 3 members of Lupon to be the Pangkat

Tagapagkasundo.

Authority of the Lupon

Lupon brings the parties actually residing in the same city or municipality for amicablesettlement.

Note:Residing in different barangay but should be in the same city or municipality

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Where Lupon Has No Authority1. No private offended party

Go directly to court (e.g. nuisance condition of property/ person that prejudice the

senses).2. One party is public officer or the government, its subdivision or instrumentality

Complaints against duty as public officer, but if personal dispute go to Lupon.

3. Offense is punishable by : (a) imprisonment of more than 1 year; (b) fine of more than P5,000.00

4. Dispute involves: (a) real property located in different cities or municipalities; (b) partiesresiding in barangays of different cities or municipalities.

Beyond Authority of Lupon

1. Dispute arising from CARL (Comprehensive Agrarian Reform Law)

2. Labor disputes (file in DOLE)3. Action to annul judgment upon a compromise

When Lupon May Be Passed

1. Accused is under detention2. Person deprived of liberty calls for Habeas Corpus

3. Action in coupled with provisional remedies

4. Action is barred by prescription

Note:Provisional remedies those to which party litigant may resort for the

preservation or protection of their rights or interest and for no other purpose

during the pendency of the action.- they are applied to a pending litigation, for the purpose of

securing the judgment or preserving the status quo, and in some cases after

judgment, for the purpose of preserving or disposing the subject matter.

Alimony pendent elite (Rule 61), Attachment (Rule 57), Preliminary Injunction

(Rule 58), Receivership (Rule 59), Replevin (Rule 60)

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Principle 1There is no barangay court because barangay has no inherent judicial powers.

Principle 2The Lupong Tagapamayapa and Pangkat ng Tagapagkasundo resolve disputes in the barangay level.

Note:

There is no barangay court because court has no judicial power. There is onlylupon or pangkat that resolves disputes at barangay level.

Principle 3

1. Lupon supervises conciliation panels2. Lupon Chairman mediates

3. Lupon Secretaty prepares minutes, issues certificates for the Lupon

4. Pangkat conciliates5. Pangkat Secretary prepares minutes and issues certificates for the pangkat

CFA Certificate to File Action

CBA Certificate to Bar ActionCBC Certificate to Bar Counter-claim

Note:

Complainant may file CFA if respondent is not attendingRespondent may file CBC if complainant is not attending

Principle 4There are three ways to settle disputes in the Barangay:

1. Mediation by the Lupon Chairman

2. Conciliation by the Pangkat3. Arbitration by the Lupon Chairman or Pangkat

Arbitration is not a compulsory process

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Principle 5

Filing of action in court is premature if parties did not comply with requirements of barangay mediation

and conciliation.

Principle 6The non-compliance with the mediation and conciliation requirements is not jurisdictional defect but

grounds for the dismissal of the action in court for lack of cause of action.

Cause of Action reason for filing / right violated

Principle 7Parties must appear in person in Katarungang Pambaranggay Proceedings

Lawyers in representation of parties are not allowed to appear.

Representatives who are not lawyers may assist minor who are their next of kin.

Principle 8

Lupon Secretaty may issue CFA if:a. Confrontation took place;

b. Conciliation has been reached;

c. Conciliation was subsequently repudiated

Repudiated refused or denied the validity of facts

Principle 9

Pangkat Secretary may issue CFA if:a. Confrontation took place but conciliation or settlement was not reached; OR

b. Confrontation did not take place due to no fault of the complaint

Principle 10

Punong Baranggay may issue the CFA in case of:

Failure to settle the dispute involving members of an indigenous cultural community.

Principle 11

Rules in case of criminal disputes in barangay:

1. Disputes may be settled

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2. Venue may be waived

VI. JURISDICTION OF TRIAL COURTS

First Level Courts

a. Metropolitan Trial Courts in NCRb. Municipal Trial Courts

c. Municipal Trial Courts in Cities

d. Municipal Circuit Trial Courts

Second Level Courtsa. Regional Trial Court

Note:Real actions claims for real property and real interest (including permanently

attached properties to the land and building)

Assessed value dependent on the classification of the properties- designated by law, municipal or city assessors office

Fair Market Value (FMV) price where the buyer is willing to buy and theseller willing to sell ( agreed upon by the parties)

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FEUD ejectment cases

Requirements for successful ejectment case:1. demand to vacate the premises; and

2. demand to pay the rental in arrears.

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Principle 1

MTC is a court of limited* jurisdiction; while RTC is a court of general** jurisdiction.

* limited to the cases expressly provided by law are falling within its jurisdiction

** if a case does not expressly fall within the jurisdiction of any court, tribunal, person or body, it maybe safely filed in RTC.

Principle 2If RTC act as a land registration court and probate court, it becomes a court of special and limited

jurisdiction.

Note:

e.g. If a person contemplates that he will die soon, he writes a will. A will has togo through a process called PROBATION which should be filed in the RTC

Principle 3

Only basic claim furnishes the jurisdictional threshold.

Excluded:

1. Damages2. Attorneys fees

3. Litigation expenses

4. Interest and cost

Principle 4

The jurisdictional amount is determined by the totality of claims.

Note:

Complainant should file the case based on the total claims

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Principle 5

Trial court must make a ruling despite silence, obscurity, or insufficiency of the laws.

This is equity jurisdiction.

Note:

motion for recon appeal petition for certiorariIf the law does not provide, fairness, equity, justice must provide for the remedy

Principle 6

Before a party invokes jurisdiction of the court, generally*, he is expected to exhaust all administrative

remedies.

*there are exceptions to DEAR (Doctrine of the Exhaustion of Administrative Remedies)

Note:

If not exhausted, case may be premature and may be dismissed for lack of causeof action.

Principle 7

Cases decided by MTC may be appealed to RTC. The latter will decide based on the records,

memorandum, or briefs submitted to it.

There is no longer a trial de novo.

Note:Case is appealable after rendering final judgment or order before making an

appeal allow the court to review its decision motion for reconsideration.

Principle 8

Where there is partial payment of the docket fee, the trial court acquires jurisdiction over the case.

Note:

In trial court jurisdiction is conferred by law, partial payment of docket fee

acquires jurisdiction.

If the court orders to pay the docket fees upon rendering the final judgment,

decision should be complied or obeyed.

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Non compliance on the order of the court or disobedience on the decision of thecourt may be a ground fir the dismissal of the case.

Principle 9

To perfect an appeal, the full amount of the appellate court docket fee must be paid within the prescribedperiod.

Note:In case of appeal, it is jurisdictional to pay the amount of docket fees in full in

order that appellate court acquires jurisdiction

Principle 10

RTC has no jurisdiction on Ecclesiastical matters.

VII. JURISDICTION OF COURT OF APPEALS

1 Presiding Judge

3 member justices per division

23 divisions69 member justices

Note:

After March 2004, RA 98282 expanded the jurisdiction of CTA making CTA

as collegiate body performing same functions as justices in CA.

CA and CTA are now co-equal bodies. Decisions of CTA can no longer bereviewed by CA.

Quasi-judicial agencies not court but try and decide cases.

Appellate jurisdiction reviewed the decision for the lower court.

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Appellate Jurisdiction of CA

Appellate Jurisdiction On the final Judgment and Orders of:

RTC MTC

CA RTC, QJA, CSC

SC CA, CTA, SB, CBA, COMELEC, COA

Principle 1

CA has rule-making power*. It is empowered to promulgate its** internal rules.

* from Law not from Constitution

** does not extend to other courts

Principle 2

CA has exclusive original jurisdiction on action for annulment of judgments of RTC.

Principle 3

CA may try cases and conduct hearings within 3 months, unless extended by the Chief Justice.

It must resolve cases within 12 months.

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Principle 4Perfection of appeal is reckoned from

a. Filing of notice of appeal and

b. Payment of the docket fees

These requirements are jurisdictional.

Principle 5Appeal must be filed within the 15-day prescriptive period.

Principle 6

Appeal is taken from the judgment or final order that completely disposes of the case.

Principle 7Before 30 March 2004* decision and rulings of CTA was appealable to CA.

*Effectivity of RA 9282, an act expanding jurisdiction of the CTA and elevating its rank to a collegiate

court.

VIII. Jurisdiction of Supreme Court

Composition of SC

1 Chief Justice

14 Associate Justices*

*En banc or division of 5 members

Principal Function of SC

3. Judicial Power

4. Administrative Power5. Rule-making Power

SC Jurisdiction1. Original

2. Appellate

a. Review judgment of Constitutional Commissionb. Appeal

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c. Certiorari

Doctrines Relative to SC

Judicial PowerJudicial Review

Judicial Supremacy

Judicial Hierarchy

Judicial Power

1. Power of court of proper jurisdiction to determine controversies between adverse litigants.

2. Power to determine grave abuses of discretion amounting to lack or excess of jurisdiction.

Judicial Review

Courts power to review the acts of administrative agencies exercising quasi-judicial power eventhough it does not give the right of review.

Judicial SupremacyCourts power to annul the acts of the other governmental branches if not conformable to the

fundamental law.

Judicial Hierarchy

1. Four level of courts2. Parties must observe jurisdiction for each level in filing their cases.

Principle 1

The Supreme Court is the highest tribunal of the land.

Principle 2

No constitutional questions will be heard unless the following requisites are present:A actual controversyP proper party

E earliest opportunityN necessary for the final determination of the case

Principle 3

There is actual controversy if:

it involves conflicts of rights

it is not moot and academic*

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* when purpose of case becomes stale

Principle 4

Proper party is one who:

a. has sustained, or

b. in danger of sustaining direct injury as a result of the law.

Principle 5Earliest opportunity means the constitutional question should have been raised in the proceedings below

the SC.

Principle 6For the court to decide the constitutional question, the issue of constitutionality must be very lis mota

presented in a case

IX. Rule on Venue

Principle 1There can be a motion to dismiss on the ground of improper venue although the dismissal may not be

motu proprio.

Principle 2

In real actions, the venue is the place where the property or a portion thereof is located

Principle 3

In personal actions the plaintiff has a choice where to file the case:a. where the plaintiff of any of the principal plaintiff resides;

b. where the defendant or any of the principal defendants actually resides;

c. In case of non-resident person, where he may be found

Principle 4

Principles #2 and # 3 will not apply on the following cases:

a. if the law or rule so provides;

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b. if the parties agreed in writing before the action is filed, that the action will be filed exclusively

to a particular venue to the exclusion of all other venues.

Principle 5Venue in civil cases is for the convenience of the parties, thus, it may be agreed upon.

Principle 6Venue in criminal cases is jurisdictional, thus, it may not be agreed upon.

Principle 7If the court continues to hear, try, and decide cases where there is improper venue, the injured party may

file a special civil action of prohibition.

X. Rules on Summary Procedure

To what court summary procedure assigned?

-> first level courts (MTCs)

-> RTCs do not observe summary procedure

What are the cases covered under Summary Procedure?a. Civil cases; and

b. Criminal cases

What are the civil cases that would require the rules on summary procedure?

a. Ejectment cases

a. Forcible entryb. Unlawful detainer

b. all other cases except probate cases which RTC has jurisdiction

Criminal cases covered under Rules of Summary Procedure

1. Violation of the traffic rules

2. Violation of the rental law3. Violation of municipal or city ordinance

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4. All other criminal cases where penalty of imprisonment not exceeding 6 months

or a fine not exceeding P1,000.005. Violation of BP 22 Bouncing checks law

Prohibited Pleadings and Motion (under sec 19 of Rules on Summary Procedure)

a. Motion to dismiss the complaint or quash the complaint or information except on the ground of

lack of jurisdiction over the subject matter, or failure to comply with the preceding section (sec

18 referral to lupon);b. Motion for a bill of particulars;

c. Motion for new trial, or for reconsideration of a judgment or for opening of trial;

d. Petition for relief from judgment;e. Motion for extension of time to file pleadings, affidavits or any other paper;

f. Memoranda;

g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by thecourt;

h. Motion to declare the defendant in default;i. Dilatory motion for postponement;

j. Reply;k. Third party complaints;

l. Interventions

XI. Rules on Small Claims

Rules on Summary Procedure Rules of Procedure for Small Claims

1. Applies to both civil and criminal cases 1. Only covers civil cases or civil aspect of a

criminal case2. Can be represented by a lawyer 2. There is an anti-lawyer biased a lawyer is

prohibited to enter his representative appearance in

a small claims court

3. Need to file an initiatory pleading 3. File a statement of claims

4. There is an appeal 4. The decision is already final and executory

Similarities of Rules on Summary Procedures and Rules of Procedure for Small Claims

1. The most expeditious and the less expensive way to litigate.

2. Prohibited pleadings, motions, petitions are the same (sec 19).

Small Claims collection for sum of money, P100,000.00 or less.

Claims or demands may be:a.) For sum of money:

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1. Contract of lease (lending of personal or real property)

2. Contract of loan ( including money or other consumables)3. Contact of service

4. Contract of mortgage

5. Contact of sale

b.) For damages:

1. arising from fault or negligence

2. quasi-contract (LUV act)3. contract

c.) Enforcement of barangay settlement

Commencement of Filing1. Statement of claims

2. Certificate of non-forum shopping3. Actionable documents

4.

Documents

Jurisdiction_lecture Notes Sy 2011-2012