Civil Procedure Reviewer – Loverita - Acquired by voluntary appearance by action or

through valid service of summons.

JURISDICTION - An appearance in whatever form without
- Power of the court to hear, try, and decide expressly objecting to the jurisdiction of the
cases. court is a considered a submission to the
- Lack of jurisdiction over subject matter means jurisdiction of the court
that decision rendered is legally void and can be - This jurisdiction over the person of defendant is
dismissed motu proprio only required in Action in Personam
- Legislative in character Jurisdiction Over the Issue
*While it is true that you can raise the question - What is disputed.
of jurisdiction at any stage of proceeding. Under - Conferred by pleading or stipulation during pre-
Tijam vs Sibonghanoy, an exemption to the rule, trial.
in analogous cases, Principle of estoppel by - Not duly pleaded
laches applies preventing the party to question
the jurisdiction of the case which he actively Jurisdiction Over the Res
participated in because it is as if the question of - Necessary for Action in Rem or Quasi in Rem
jurisdiction is only to discredit the judgment - Acquired through Custodia Legis or attachments
when it is unfavorable to them. Rule on estoppel such seizure.
also applies to administrative cases.

Jurisdiction Over Subject Matter

Ombudsman – national prosecuting officer
- Conferred by law (not rules of court)
- It is the item to which controversy arisen. Ex. Sandiganbayan – court with jurisdiction to hear cases
Real and Personal actions of acts/omissions committed by a public officer with
- Cannot be stipulated, waived by parties, or Salary grade 27 and higher.
cured by silence of both parties
How about if one of the accused/respondents of
Jurisdiction Over the Parties a criminal case filed before the ombudsman is a
private person? Can he be tried before
- Acquired through filing of complaint by plaintiff.
Sandiganbayan? – Yes. If the private person is
impleaded in the information in connivance with the
public officer in commission of the act. He shall For example, defendant averred that his liability is 3M
likewise be tried before the Sandiganbayan. and not 1M, therefore, MTC has no jurisdiction, can the
case be dismissed? No.
*RTC is a court of general jurisdiction
Exception: Jurisprudence over ejectment case
What determines jurisdiction?
arguing tenancy – the defenses of the defendant
- The allegation in the complaint that court has no jurisdiction was sustained by SC and
- The law in force at the time of case was dismissed by lack of jurisdiction. The
commencement/institution of civil action defendant filed in his answer that the case was not an
ordinary ejectment case, it is covered by Agrarian
In 2000, A as plaintiff filed a collection for some Relations and that the defendant was a claimant.
money of 500k against B the defendant at RTC. When there are tenancy claims, the jurisdiction will be
The case was filed outside the MTC because it is in MTC. But there must be a summary hearing for
more than 300k jurisdiction of MTC. In 2001, the determination of existence of tenancy.
law was passed increasing the jurisdiction of
MTC to 2M. The defendant filed a motion to Study Hierarchy of Courts jurisdiction
dismiss arguing that RTC has no jurisdiction
because after evidence presented, the amount is
only 500k. Exclusive Original Jurisdiction of RTC
Can the case be dismissed? - In all cases involving title to, possession of, any
interest to real property, according to the assessed
No. The law in force at the time of the commencement
value of the land which is above 400k
of action is that MTC has jurisdiction only up to the
amount of 300k. - Admiralty or maritime jurisdiction with claims
exceeding to 2M
Can jurisdiction be agreed upon by parties?
- Testate or intestate probate with gross value of
No. It is conferred by statute of law.
estate of over 2M
*Jurisdiction cannot be made or depend upon the
*In case of unlawful detainer and forcible entry,
defenses set up by the defendant
regardless of the amount, is the jurisdiction of MTC

Exclusive Original Jurisdiction of MTC

- In all cases involving title to, possession of, any How about if you file a complaint before the
interest to real property, according to the assessed court of jurisdiction against B. Your case was
value of the land which is below 400k dismissed motu proprio. The court has no
jurisdiction. And later, you refile your case with
- Including provisional remedy with claims NOT
the same cause of action. When did your civil
exceeding to 2M
action commence? - If there is no changes/
- Admiralty or maritime jurisdiction with claims amendment in cause of action upon the 2 nd filing, the
exceeding to 2M original complaint (1st) is the commencement. But if
there is amendment in the cause of action, the
- Testate or intestate probate with gross value of commencement will be the later filing.
estate of NOT over 2M

- Totality rule of demand NOT exceeding 2M arising How do you construe your rules of court? – must
from same cause of action even if from different be liberally construed to promote objective of securing
transactions in case of collection of sum of money
Just
Speedy
CASES NOT APPLICABLE TO/CASES NOT COVERED Inexpensive disposition of every action.
BY THIS RULE:
*Civil action is always based on cause of action
Cadastral
Election (Ex. Inclusion Exclusion Proceedings) Adversarial (action in rem) – has 2 opposing parties,
Land Registration plaintiff, and defendant.
Insolvency proceedings
Naturalization Special proceeding – there is no other party, only
enjoin party.
Delegated Jurisdiction – w/out controversy, file at
MCTC; if w/ controversy, the amount of property must Different Kind of Actions – Tan Annotated
be known otherwise it shall be at the RTC *Remember that what binds the whole world is the
publication.
In what courts do the rules apply? – all courts
When does civil action commence? Rule 1. Section Forcible entry and Unlawful detainer – both are
5, upon filing of the original complaint. That is why you covered by special civil action.
need to know the cause of action. Without cause of
A obtained a loan of 2.1M from B in June. In July
action, the case will not prosper.
A obtained 500k again from D.
What is Cause of Action? – It is the delict or
Can A file a collection of money against B at the RTC?
wrongful act, or omission committed by the defendant
in violation of primary rights of the plaintiff. Yes. In the first instance, jurisdiction is within the RTC
because the amount is higher than 2M.
What are kinds of causes of action?
How about for the 500k?
Personal Action – action for specific performance to
recover personal property. Splitting with the same cause of action is not allowed
and is grounds for dismissal of the other.
Real Action – action affecting title to or possession of
real property. How about joinder of causes of action?
In rem – binding theoretically upon the whole world. Allowed. provided that requirement of Rule 2 section 5
Directed against the property itself. *Petition w/c is followed and no special civil action is involved.
concerns status like adoption, annulment. Correction
of birth cert are in rem Assuming A, plaintiff file for collection of sum of
money against B and in that particular
In personam – binding on to the parties. Directed complaint, he likewise file a case of unlawful
against his personal obligation. Jurisdiction over the detainer kasi hindi sya umaalis sa nirerentahan.
person is required. Essentially pwede yan kasi same cause of action
arising from single transaction kaso yung
Quasi in rem – directed against particular persons but
unlawful detainer Is covered by special
purpose is to bind not only such persons but also any
proceeding, hindi pwede.
other who claims interest in the property.
If filed in a different venue, the same shall not
*Unlawful detainer and Forcible Entry are Accion in
be allowed. But it can be filed in RTC provided
Personam and a Real action
may jurisdiction sya sa isa. Example: A obtained
Case for Study: Ejectment case contract of loan in January 2023 and December
2023, pwede mo ijoin yan sana. But the 1st loan
is 500k and the 2nd is 2M. Can the joinder of
cause of action be allowed? – No because they’re *Sec 4. Non-inclusion of the spouse is ground from
both 2M below to which RTC has no jurisdiction dismissal according to Rule 17 sec 3 if ordered by the
court and plaintiff failed to comply.
*Rule 2, sec.4 provides that in case of splitting of
cause of action, the filing of one, or judgment of Representative Party
anyone can be ground for dismissal basing les
*SC dismissed the case because the representative did
pendentia or res judicata
not include the name of the beneficiary who is the
real-party in interest.

Assume you are a borrower of B. You mortgage *If agent is solely filing/instituting civil action in his
real property as security of 1M loan. Upon your own name, is he required to implead the real party in
failure to pay your obligation on due time, B interest? Not always, unless it includes things
filed a collection for sum of money of 1M and belonging to the real party in interest.
foreclosure of real estate mortgage. Can it be
done? – No. Splitting a single cause of action is not
allowed. How about if the party defendant has no
juridical personality? – Can be sued but cannot sue.
*Misjoinder is not ground for dismissal of an action.
For foreign corp - Can be sued but cannot sue. But if
with license and has registered business in PH, it can
Who may be parties of civil actions? sue.
Who is a necessary party? – Sec 8. How about if the name of the defendant is
unknown? – can be allowed as unknown
*If necessary party is not included, the court will only
issue an order for the inclusion. But there is already an How about if the party becomes incapacitated?
order and the plaintiff failed to comply, the effect is The court can appoint guardian ad litem during
waiver… pendency of case
*Indespensable party shall always be impleaded How about if your client dies? – Within 30 days
because no civil action can be prosecuted without the from fact of the date (upon knowledge) shall notify the
presence of indispensable party. court
How about the death/resignation of public A filed complaint of collection of sums of money
officer? against B. B has previous transactions with A
where A is liable for payment to B. Let us
How about question of law/treaty – The court shall
assume that A & B entered into a contract of
inform the Sec Gen
loan.
Who is indigent? – As adverse party, you can
A (debtor of B) for failure to pay the sum of loan,
question indigency
B filed a collection of sums of money. But in
How if you lend money to borrower from filing his answer as a counterclaim in his
common fund. You are filing for collection of affirmative defense, I am no longer liable to B
sums of money, but your partner does not want because he is liable to me because of our
to cooperate since he was a friend of the separate leasehold contract of the same
borrower. He is now called as unwilling co- amount.
plaintiff. You can file and enjoin him as a
Can the court motu proprio grant that? No.
defendant.
Because it is a permissive counterclaim. It needs a
How about Class suit? leave of court. It needs permission. Not connected with
original contract of loan.
VENUE

*Rule is if real action, it shall be filed within the

jurisdiction of where property is located. But if personal
action, residence of plaintiff or defendant at plaintiff's Verification – can be executed by party or counsel. As
discretion. Except, when there is a particular provision attestation that you have prepared documents based
or stipulation agreed by parties in writing. on authentic records and true allegations.
Example, Loan was contracted here in Catarman, *Generally, complaints shall be filed by plaintiff real
both residence of Catarman, but stipulated that party of interest. But for example, If the filing for
filing shall be MTC of Manila. Allowed? - Yes. action is about to prescribed and petitioner is not
Provided that the court has jurisdiction over the around, he can file through a special power of attorney.
amount of sum of money involved because parties
cannot stipulate over jurisdiction.

PLEADING
What are the requirements under rule 18 of the Remedy of Opposing party – Motion to dismiss Litis
representative counsel in order for him to be Pendentia
authorized to execute verification?
MANNER
- It must include the authority to enter into a
What if you fail to set up your
compromise agreement, enter into mediation or
defenses/objection in the pleading? – It is deemed
appear in arbitration. Otherwise, complaint is
waived. Except those not even waived: those grounds
dismissible as it doesn’t have a cause of action.
for motu proprio dismissal allowed by court.
Example of absence of authority of
Effect of failure to plead is deemed waived
representative:
*Defendant didn’t answer- can be declared in
The plaintiff filed a complaint. The clerk of court
default- can no longer participate but can
issued summons requiring defendant to answer.
observe and appeal.
Upon receipt of summons, the defendant
discovered that the plaintiff was just a Remedy of Opposing party – Motion to set aside
representative through SPA on behalf of real order of default
party in interest and he found that there is no
such statement as above mentioned. – As counsel, AMENDMENT
you will file and answer with affirmative defense that Plaintiff A filed a collection of sums of money
the court cannot acquire jurisdiction because of invalid against B. B claims with evidence that he paid
authorization. already. Defendant B filed a motion to dismiss. A
If parties agreed to settle? Can the discovered that the defense is payment so
representative still appear in court? No. because without leave of court, plaintiff amended his
of defective SPA. pleading. Can A still file amendment as a matter
of right? – Yes. Because the motion to dismiss is not a
Certification of non-forum shopping – shall only be responsive pleading/ answer. It is different when the
executed by the party exclusively. action filed is a responsive pleading/ answer.
“The party has not committed action in any court of *SUPPLEMENTAL PLEADING – an addition only to
tribunal involving same party and same cause of original. always with leave of court.
action neither in CA nor SC. Should party learn… will
inform the court within 5 days from such knowledge.” When to file the responsive pleading? – 30 days
plus 30 days extension if allowed by court
How about if the complaint is amended as a Requisites of Les Pendens - Identity of parties,
matter of right? 30 days? cause of action, defense

Usually in what pleadings are the claims of a By *The same evidence test, etc…
party asserted?
*Priority in time Rule: 1st case filed shall be considered,
What is a 3rd/4th party Complaint? 2nd will be dismissed. But if the 2nd is more
appropriate action, it will be considered.
INDEMNIFICATION EXAMPLE:
Requisites of Les Pendens - Identity of parties, final
A is the owner of the car and sold the car to B
judgment from court of competent jurisdiction, trial
without transferring the registration to B. The
based on merits.
car had an accident. Under the law, a case is
always filed under the name of the owner of the *Lack of legal capacity to sue (minority, insanity)
car. In this case, if C the victim filed an action against Vs. Lack of Legal Personality to sue (not a real
A, A can file 3rd 4th party complaint against B for party in interest)
indemnification.
*Permissive vs. Compulsory counterclaim
SUBROGATION EXAMPLE:
*Failure to state cause of action (insufficiency)
A is debtor and B is creditor. C, a stranger and lack of cause of action (no basis)
assumed the indebtedness of A. The creditor filed
*What is an actionable document
a case against C as 3rd 4th party.
*Failure to take action over a bill of particular
ANY OTHER EXAMPLE:
can be ground for dismissal under Rule 17,
A seller sold a parcel of land to B. But later, C, sec.3, especially with court order
claiming as an owner of land, filed a case
*2 dismissal rule - "to avoid vexatious litigation."[73]
against new owner B. According to C, you are
When a complaint is dismissed a second time, the
the one in possession of property so I will sue
plaintiff is now barred from seeking relief on the same
you. In this case, the new owner can file a 3 rd 4th party
claim.
complaint against A, because of the warranty of
eviction. *Filing vs service
*2-Fold purpose of summons – 1) due process; and
2) acquisition of jurisdiction over the person of the
defendan

*Valid service of summons –

*Substituted service under rule 13 vs rule 14

*Requirement for the plaintiff to serve summons

*Omnibus motion rule – A motion attacking a

pleading or a proceeding shall include all objections
then available, and all objections not so included shall
be deemed waived.

*litigious vs non-litigious