I. Introductiona. Applicability of rules to civil and criminal actions and special

proceedingsAn action is the legal and formal demand of one’s right from another person, made and insisted upon in a court of justice. Civil proceedings

Once by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong.Civil actions may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action

Criminal actionsOnce by which the State prosecutes a person for an act or omission punishable by law.

Special proceedingsA remedy by which a party seeks to establish a status, a right, or a particular fact. Non-adversarial in nature.

b. Procedure and practice Procedure is the method or means of conducting litigation and

judicial proceedings Practice is the carrying on of actions according to the procedure

prescribed by the Rules of Courtc. Courts and their jurisdictiond. How jurisdiction is obtained and exercised:

Over persons Over subject matter Over res

A. Jurisdiction over the parties

1. How jurisdiction over the plaintiff is acquired

An original plaintiff may sometimes become a defendant in the same case. And an original defendant may become a plaintiff in the same case. For example, OP filed a claim against OD. Then OD filed a counterclaim against OP. OD becomes a plaintiff in the counterclaim and OP becomes a defendant.

The filing of the complaint by the plaintiff vests upon the court jurisdiction upon his person.

2. How jurisdiction over the defendant is acquired?

A true defendant is whom relief is directly sought against. A defendant in name only is the not a true defendant. Therefore, you

do not need jurisdiction over the person of every defendant in all cases. You only need the jurisdiction over the person of the defendant when the action is in personam. And this is mandatory. We did not say personal action, it is different from action in personam.

In actions in rem and quasi in rem, technically there are no defendants although some persons may be named. You only need jurisdiction over the thing or res, which is either a thing or a status of a person.

An action in rem is an action against the whole world addressed to no one in particular. For example, in a probate proceeding the heirs are mentioned because they have interests in the estate but the court needs jurisdiction over the estate only. It is an action in rem.

An annulment of marriage or declaration of nullity is also an action in rem. The parties are only incidental to the action. A cadastral case is also an action in rem.

An injunction and an action for unlawful detainer and for forcible entry are actions in personam.

An action involving the status of an individual is an action in rem. But there is an action about the status of an individual which is not an action in rem but in personam- an action for compulsory recognition of a child.

There are other actions called quasi in rem. There is a specific individual who is interested in a property but it’s actually the property which is the focal point of the suit. For instance, foreclosure of a mortgage, an action quasi in rem. A proceeding for preliminary attachment is a proceeding quasi in rem. Accounting of funds is also quasi in rem.

These are jurisprudential examples coming from the Bar exams.

So when talking about jurisdiction over the person of the defendant, we are talking only of actions in personam where such jurisdiction is mandatory.

When there is voluntary appearance, jurisdiction over the person of the defendant is acquired even without service of summons or upon a summons invalidly served. It is found in Sec. 20 Rule 14. Master this!

Sec. 20 – The defendant’s voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance.

Voluntary appearance is equivalent to service of summons (1st sentence of Sec. 20).

What is the defendant’s 1st opportunity to question the court’s jurisdiction over his person? Motion to dismiss on the ground of lack of jurisdiction over his person. Adding other grounds to the motion to dismiss is not considered voluntary appearance as opposed to the old rule. You can add as many defenses.

B. Jurisdiction over the subject matter

1. Meaning of jurisdiction over the subject matter

The subject matter refers to the class to which the case belongs. For example, forcible entry and unlawful detainer; actions of incapable of pecuniary estimation; admiralty cases; these are classes.

The Filing of a complaint vests jurisdiction upon the court with respect to the person of the plaintiff.

Bar: the plaintiff was abroad, his counsel filed the complaint. The defendant moved to dismiss on the ground that the court has no jurisdiction over the complainant because the is not in the Philippines. Defendant is wrong: jurisdiction is not acquired through his personal presence in court to file the complaint. Jurisdiction on his person is acquired by the filing of the complaint in his name and under his authority. Jurisdiction was acquired by virtue of the complaint filed in court.

2. Jurisdiction versus the exercise of jurisdiction

When the question speaks about jurisdiction vs. the exercise of jurisdiction, it means jurisdiction over the subject matter.

Jurisdiction is the power or authority belonging to the court. When the court acts according to such authority, that action in accordance with such authority is an exercise of jurisdiction. A court has jurisdiction over an UD case; when it receives the

complaint and acts in accordance with such authority to take cognizance over such UD case, its action falls under the concept of exercise of jurisdiction.

Jurisdiction is static, the exercise is active. To be valid, the exercise of jurisdiction must be based on jurisdiction. An exercise of jurisdiction without jurisdiction is not a valid act. The court is acting without jurisdiction.

3. Error of jurisdiction as distinguished from error of judgment

When the court is exercising jurisdiction without jurisdiction, there is an error called error of jurisdiction. It is a grievous error; it strikes at the very action of the court. It is reviewable by certiorari (Rule 65).

When the court has jurisdiction over the subject matter, and the manner of the exercise of that jurisdiction has been found out to be erroneous, it is an error of judgment correctible by appeal (Rule 45). It involves errors in the appreciation of the facts and evidences. It could ripen into a valid judgment if not questioned in a proper proceeding like appeal because it is not a void judgment. It needs to be questioned. If there is a remedy of appeal, do not use certiorari.

4. How jurisdiction is conferred and determined

Jurisdiction is conferred by law. It cannot be conferred by the agreement of the parties or of the approval of the court. Good faith of the judge does not confer jurisdiction. Neither can estoppel confer jurisdiction; it will only prevent you from questioning jurisdiction.

Jurisdiction is determined by the allegations in the complaint, not the title of the case. Sometimes the title of the complaint and the allegations are in conflict. The allegations prevail.

Pay and vacate -> unlawful detainer (MTC)

Pay or vacate -> action for a sum of money (depends upon the amount)

Comply with the conditions of the lease and to vacate -> UD (MTC)

Comply or vacate -> specific performance (RTC)

UD: there is a need to demand to vacate

FE: no such need

Can the parties to a case agree for their convenience and for the convenience of the court that the RTC will try a forcible entry case? No.

The court will not rely on the title of the complaint. It has to read the complaint and determine the allegations on the complaint.

It is the plaintiff, in effect, that determines jurisdiction thru his allegations. The allegations of the defendant will not determine jurisdiction.

If the amount of the claim is 1 million, jurisdiction will go to the RTC and the court cannot dismiss it if in the course of the trial it was convincingly established that only 100,000 is due to the plaintiff. In this case, the court will render judgment only for 100,000 in favor of the plaintiff, but the court should not dismiss the complaint.

5. Doctrine of primary jurisdiction

There are cases which the court will not handle at first because jurisdiction belongs to an administrative or quasi judicial agency. For example tenancy (DARAB), agrarian reform case (DAR), rates for electricity (Energy Dept.)

6. Doctrine of adherence of jurisdiction (the doctrine of continuity of jurisdiction)

Once the court acquires jurisdiction by virtue of a valid complaint, that jurisdiction shall continue up to the end of the case. Intervening facts will not deprive the courts of jurisdiction.

Suppose an action for a sum of money, 1 million, was filed in the RTC. During the trial of the case it was convincingly established that the liability of the defendant was only 100, 000 cognizable at first instance by the MTC. Can the defendant move to dismiss on the ground of lack of jurisdiction? No, the court already acquired jurisdiction by virtue of the allegations of a valid complaint. Its jurisdiction will not be ousted by contrary evidence. The court should continue with the case and render judgment for 100, 000. This is adherence of jurisdiction doctrine.

Even the existence of a new law will not divest the court of jurisdiction already acquired unless the law itself orders that such court be divested of jurisdiction.

There was this official of the government with a salary range of grade 27, he was sued in the Sandiganbayan, and while the case was pending he resigned from office and said that the SB no longer had jurisdiction over him in lieu of his resignation. He was wrong. Jurisdiction has already attached and once attached it shall continue until the end of the proceedings by virtue of the doctrine of adherence.

7. 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 lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction. The court’s authority however is only to dismiss the complaint and not to make any other order like forwarding the case to the proper court.

8. Effect of estoppel on objections to jurisdiction

Estoppel does not confer jurisdiction. It will only prevent you from questioning the lack of jurisdiction. The ancient case of Tijam vs. Sibunghanoy is the perfect example of estoppel by latches, as used in that case. One litigant in that case knew that the court has no jurisdiction over the case beforehand; when the case was dragging 15 years and he realized he was losing the case only then did he question the court’s jurisdiction. The SC said he was gambling on the results of the litigation; estoppel by latches was born and he was precluded from questioning the jurisdiction of the court. The jurisdiction of the court was left untouched. But estoppel is not the GR, it should be applied only in cases strictly analogous to Tijam vs. Sibunghanoy. The rule still is: the lack of jurisdiction can be questioned in any stage of the proceeding even for the first time on appeal. This is the general rule established in Calimlim vs. Ramirez.

C. Jurisdiction over the issues

When is an issue created? 1. When a material allegation is specifically denied an issue is created. Then the court has a reason for trial to determine which interpretation is right, to determine who is telling the truth. A material allegation not specifically denied is deemed admitted and there is no issue.

If the issue on a case is possession, the court has no jurisdiction to render judgment on ownership. If the only issue is ownership without the parties talking about possession, the court cannot motu proprio include possession in its judgment. To rule on possession would be to do so without jurisdiction on the issue.

To have an issue, a denial must be specific. Memorize Sec. 10 of Rule 8.

A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial.

If the provisions above are not followed, you are making a general denial even if you are denying and what is the effect of a general denial? It is an admission. Failure to follow the denials mandated in Sec. 10 would render it no longer specific but general. There are 3 types of denials specified.

Blanket denial or general denial where the defendant denies all the allegations of all the paragraphs in the complaint; it is deemed an admission.

When you deny, deny every paragraph, every allegation of the complaint or of the pleading.

Suppose that par(4) of the complaint alleged that the defendant borrowed 1 million from the plaintiff. The first way of denying it is mentioning the paragraph where it is alleged. Deny it by saying that you never borrowed money from the plaintiff. The truth of the matter being that it was a donation. It is an absolute denial of the allegation. Another way is saying that “I admit I borrowed 1 million but the due date is till 5 years from now so it is not yet due.” You admit it but by way of avoidance you say something by way of a defense. The third way is to say that you have no sufficient knowledge of the debt. This is a disavowal that must be done in good faith because it is equivalent to admission if done in bad faith as a penalty for such bad faith. Memorize this concept. Be familiar with the words and the meanings of the words.

The pleadings actually will tell us the issues of the case. They will tell the controverted matters meaning those which are denied. 2. When the opposing counsel offers evidence not within the issue of the case, you object. You cannot object if you do not know the issues of the case. But sometimes there are issues being created not because of the pleading but because evidence on a matter was offered in court that was not objected to, it is as if an issue was created by the consent of the parties even if it is not in the pleadings. Sec. 5 of Rule 10. If an issue was tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. This has been the subject of many bar exams.

Suppose an evidence for ownership was presented in a case for possession. If it is not objected to, the court will treat the same as if raised in the pleadings and the court may now rule on the issue of ownership as well. This is the concept of implied amendment of the pleading.

Bar: There was an action to collect a sum of money. The plaintiff in the complaint did not even state that he made a prior demand for payment. If there is no prior demand, there is a failure to state a cause of action because as a rule no demand, no delay unless the exceptions of 1169 apply. During the trial of the case, the plaintiff presented in evidence exhibit A, a written extrajudicial demand to pay. The defendant did not object to that. Can the court admit exhibit A in evidence? Yes. There was no objection, it is as if the issue of a demand has been tried by the parties impliedly and it is as if the pleadings included a demand. What can the other party do? He can move to amend the pleading to incorporate the evidence in the pleading. Suppose the party did not do so, can the court still try and include the admission of exhibit A? Yes, as if it is raised in the pleading.

Bar: An action for ejectment did not mention a demand to vacate. During the trial there was offer of evidence of a demand to vacate. Can the pleading be amended to conform to the evidence? Yes. There was no objection from the defendant. Dean is of the opinion that the question was wrong as there is no trial in an ejectment case the same being a summary procedure.

The question should be this was. The demand was for a debt of 2 million. If the plaintiff offers evidence for 3 million, which the defendant did not object to, then the evidence was admitted. Can the court admit the evidence? Yes because the court cannot motu

proprio object in behalf of the defendant. Inadmissible evidence will be admitted because of waiver and that waiver is because of the failure to object. Inadmissibility can be waived by the failure to object. Can the court consider the 3 million? Yes, it is as if it was raised in the pleading which is deemed amended. So, as the counsel for defendant, object as to the excess of 2 million because the issue is only 2 million. Remember this concept!

Advice: offer evidence not in issue in the pleadings because the adverse party may not object to it and so such evidence may be admitted by the court. This doctrine however is not applicable to a criminal proceeding. This rule has been incorporated in the rules of criminal procedure effective December 2000, Sections 8 and 9 in Rule 110. The life and liberty of an accused is not made to depend upon the skill of his counsel to object.

Sometimes issues could be created not because of the pleadings or on the failure to object. 3. It could be created by stipulations like in the pre-trial conference where parties limit the issues. And sometimes even during the trial the parties could already agree on the issues to be tried. Agreement could also create issues.

Sec. 6 of Art. 30 – The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.

In sum, jurisdiction over the issue can be obtained thru specific denial, failure to object to new evidence, and by agreement of the parties.

D. Jurisdiction over the res or property in litigation

This jurisdiction is mandatory in actions in rem and quasi in rem because the object of these actions is the thing which could either be a property or the status of the parties. The court acquires jurisdiction upon the thing or the res depending on the nature of the case. For instance, in an action for a sum of money there is yet no jurisdiction over the property, but if you apply for a writ of preliminary attachment and such writ is issued by the court, the court now acquires jurisdiction over the property of the defendant which is now in custodia legis. The court acquires

jurisdiction over the res. But there are cases where jurisdiction over the res is acquired by simply filing of the proper complaint. For instance, when you file an action to foreclose a real estate mortgage with the proper allegations in the complaint, then the court will acquire jurisdiction over that thing. Now if it is a foreclosure of a chattel mortgage, then the court will acquire jurisdiction over the property if replevin or attachment of the property is made.

So jurisdiction over the res or the property is mandatory and very important in an accion in rem and in quasi in rem. While jurisdiction over the defendant is mandatory in an action in personam. Do not forget this because this is very relevant when we talk about summons.

e. Procedure and substantive lawII. General Provisions for Ordinary Civil Actions

a. Must be based on a cause of action Definition of a cause of action

Cause of action is the act or omission by which a party violates the right of anotherElements:

1. the existence of a legal right of the plaintiff2. a correlative obligation of the defendant to respect

plaintiff’s right; and3. an act or omission of the defendant in violation of the

plaintiff’s legal righttest of sufficiency of a cause of action: whether admitting the facts alleged, the court could render a valid judgment in accordance with the prayer of the complaint.

NO SPLITTING of cause of actionSec. 3 Rule 2, RoCA party may not institute more than one suit for a single cause of action.A single act or omission can be violative of various rights, but where there is only one delict or wrong, there is but a single cause of action regardless of the number of rights violated.Sec. 4Spitting of a single cause of action is the act of dividing a single or indivisible cause of action into several parts or claims and bringing several actions thereon.Prohibition applies not only to complaints but also to counter and crossclaims. It only applies where the action is between the same parties.

Joinder and misjoinder of causes of actionJoinder – is the assertion of as many causes of action as a party may have against another in one pleading alone. It is PURELY

PERMISSIVE. The plaintiff can always file separate actions for each cause of action.Requisites:

1. the party joining the causes of action must comply with the rules on joinder of parties (right to relief in respect to or arising out of the same transaction or series of transactions, and a common question of law and fact)

2. the joinder shall not include special civil actions or actions governed by special rules

3. where the causes of action are between the same parties but pertain to different venues or jurisdictions, jurisdiction is with the RTC, provided that (a) one of the causes of action galls within the jurisdiction of the RTC; and (b) the venue lies thereon

4. where the claims in the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction (TOTALITY RULE)

Misjoinder – there is a misjoinder when two or more causes of action were joined in one complaint when they should not be so joined. This is NOT a ground for dismissal of an action. A misjoined COA may be severed and proceeded with separately by filing a motion in relation thereto (NO SANCTION).

Test of a single cause of actionGR: a contract embraces only one cause of action even if it contains several stipulationsE: a contract to do several things at several times is divisible, and judgment for a single breach of a continuing contract is NOT a bar to a suit for subsequent breachE to E: all obligations which have matured at the time of the suit must be integrated as one cause of action in one complaint, and those not so included would be barred.

b. Parties to Civil Actions Who are parties in interest

The party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit. His interest must be real, which is a present and substantial interest, as distinguished from a mere expectancy or a future, contingent subordinate or consequential interest. It is an interest that is material and direct, and not merely incidental.

Competency of partiesA suit may be brought by or against a minor or incompetent

but with the assistance of his parents or guardian. A person need not be judicially declared incompetent, it being sufficient that his incompetency be alleged in the corresponding pleadings.

In case a party becomes incompetent or incapacitated, the action survives and may be continued by or against the

incompetent or incapacitated assisted by his legal guardian or guardian ad litem, who is his legal representative.

Indispensable and necessary partiesIndispensable – those without whom no final determination can be had of an action. A joinder of an indispensable party is mandatory.Necessary – those who are not indispensable but ought to be joined as parties if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action (may or may not be joined.)

Joinder and misjoinder of parties

Death of party1. Consequence of death of party

In such case, the heirs may be substituted for the deceased or if no legal representative is named, the court will order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased. In case of minor heirs, the court may appoint a guardian ad litem for them.

This provision applies where the claim is NOT extinguished as in cases involving property and property rights such as:1. Recovery of real and personal property against the estate;2. Enforcement of liens on such properties; or3. Recovery for an injury to person or property by reason of tort or delict committed by the deceased.Rules in cases where the action survives the death of a party1. Contractual Money Claima. Plaintiff diesThe case will continue and the heirs or legal representatives will proceed. b. Defendant diesi. Before entry of final judgment - Apply Section 20, Rule 3.ii. After entry of final judgment but before execution - Apply Section 5, Rule 86 (cannot move to execute).iii. After levy or execution but before auction sale - Apply Section 7(c), Rule 392. Non-Contractual Money ClaimThese claims are those mentioned in Section 7, Rule 86 and Section 1, Rule 87. - Apply SUBSTITUTION

2. What counsel should do upon death of partyWhere the claim is not extinguished by the death of the litigant, it shall be the duty of his counsel to inform the court of such fact within 30 days from such death and to give the name and address of the legal representative.

c. Commencement of actions How and when deemed commenced When does court acquire jurisdiction over a case? Effect of underpayment of docket fees

1. Rule is payment may be allowed within reasonable time but within the reglementary period

2. …but in several cases, both CA and SC have caused the dismissal of cases for non-payment of docket fees.

d. Procedure in Regional Trial Courts Applicable also to Municipal Trial Courts Pleadings in general

Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. Under the Rules of Court, pleadings CANNOT be oral because they are clearly described as “written” statements.1. Kinds of pleadings

1. Complaint - initiatory pleading alleging the plaintiff‘s cause or causes of action. It should contain: (1.)The names and residences of the plaintiff and defendant; (2.) A concise statement of the ultimate facts constituting the plaintiff‘s cause of action.2. Counterclaim - is any claim which a defending party may have against an opposing party.3. Cross-claim - is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross- claimant. A cross-claim may be filed against the original cross-claimant.4. Third-party Complaint (or fourth, etc) - is a claim that a defending party may, with leave of court, file against a person not a party to the action for contribution, indemnity, subrogation or any other relief (CISA), in respect of his opponent‘s claim. There could also be a fourth, etc., - party complaint with the same purpose and function.

5. Complaint-in-intervention - 6. Answer - a responsive pleading in which a defending party sets forth his affirmative or negative defenses. It may or may not contain a counterclaim.7. Reply - is the response of the plaintiff to the defendant‘s answer, the function of which is to deny or allege facts in denial or in avoidance of new matters alleged by way of

defense in the answer and thereby join or make issue as to such new matters.8. Counter-counterclaim - is a claim asserted against an original counterclaimant.9. Counter-Crossclaim - is a claim filed against an original cross-claimant.

2. Formal requirements of pleadingsa. Parts of a pleading

SECTION 1. CAPTIONThe Caption contains the following:1. The name of the court;2. The title of the action – indicates the names of the parties; and3. The docket number if assigned.SECTION 2. THE BODYThe Body sets forth:1. Its designation;2. The allegation of the party‘s claims and defenses;3. The relief prayed for; and4. The date of the pleading.SECTION 3. SIGNATURE AND ADDRESSEvery pleading must be signed by the party or counsel representing him, stating in either case his address which must not be a post office box.

Significance of the signature of counselHis signature constitutes a certificate by him:(RNB)1. That he has read the pleading;2. That to the best of his knowledge, information or belief, there is good ground to support it; and3. It is not interposed for delay.

Note: A signed pleading is one that is signed either by the party himself or his counsel. An UNSIGNED PLEADING produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to inadvertence and not intended for delay.

b. Verification when requiredi. Formal, not jurisdictional

ii. Verification by counselc. Certification against forum-shopping in initiatory

pleadingsi. Definition of forum shopping

Forum Shopping consists of filing multiple suits in different courts, either simultaneously or successively, involving the same parties, to ask the courts to rule on the same or related causes and/or to grant the same or substantially the same relief.

ii. Counsel cannot sign certificationiii. Co-owner or co-party may sign in behalf of co-owners

or co-partiesd. Distinction between non-compliance of verification and

certification against non-forum shopping requirement