Part 1 Flashcards
(130 cards)
1
Q
Efficient Paper Rule
A
In promulgating the Rule, the Court noted that there is a need to cut the judicial system’s use of excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing.
under Chief Justice Maria Lourdes P. A. Sereno (2012 tapos 2013 nagtake effect)
2
Q
Format as per Efficient Paper Rule
A
single space with a one-and-a-half space between paragraphs, using an easily readable font style of the party’s choice, of 14-size font, and on a 13-inch by 8.5-inch white bond paper
a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin of one inch from the edge; and a lower margin of one inch from the edge. Every page must be consecutively numbered
3
Q
Coverage of the Efficient Paper Rule
A
all pleadings, motions, and similar papers intended for the consideration of all courts and quasi-judicial bodies under the supervision of the Supreme Court
All decisions, resolutions, and orders issued by courts and quasi-judicial bodies under the administrative supervision of the High Tribunal, as well as reports submitted to the courts and transcripts of stenographic notes
4
Q
of copies to be submitted in SC
A
one original (properly marked) and four copies, unless the case is referred to the Court En Banc, in which event, the parties shall file 10 additional copies.
For the En Banc, the parties need to submit only two sets of annexes, one attached to the original and one extra copy. For the Division, the parties need to submit also two sets of annexes, one attached to the original, as well as an extra copy. All members of the Court shall share the extra copies of annexes in the interest of economy of paper.
5
Q
of copies to be submitted to CA and Sandiganbayan
A
one original (properly marked) and two copies with their annexes
6
Q
of copies to be submitted to CTA
A
one original (properly marked) and two copies with annexes, and on appeal to the En Banc, one original (properly marked) and eight copies with annexes
7
Q
of copies to be submitted to trial courts
A
one original (properly marked) with the stated annexes attached to it
8
Q
Also, a party required by the rules to serve a copy of his or her court-bound paper on the adverse party need not enclose copies of those annexes that, based on the records of the court, show said party already has such. In the event a party requests a set of the annexes actually filed with the court, the party who filed the paper shall comply with the request within five days from receipt of such.
A
Ok.
9
Q
Purpose of 2004 Rules on Notarial Practice
A
a. to promote, serve, and protect public interest
b. to simplify, clarify, and modernize the rules governing notaries public
c. to foster ethical conduct among notaries public
10
Q
Acknowledgement
A
Refers to an act in which an individual on a single occasion:
a. appears in person before the notary public and presents an integrally complete instrument or document
b. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity
11
Q
Affirmation or Oath
A
Refers to an act in which an individual on a single occasion:
a. appears in person before the notary public
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. avows under penalty of law to the whole truth of the contents of the instrument or document
12
Q
Commission
A
Grant of authority to perform notarial acts and to the written evidence of the authority
13
Q
Copy Certification
A
Refers to a notarial act in which a notary public:
a. is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable
b. copies or supervises the copying of the instrument or document
c. compares the instrument or document with the copy
d. determines that the copy is accurate and complete
14
Q
Notarial Register
A
A permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public
15
Q
Jurat
A
Refers to an act in which an individual on a single occasion:
a. appears in person before the notary public and presents an instrument or document
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. signs the instrument or document in the presence of the notary
d. takes an oath or affirmation before the notary public as to such instrument or document
16
Q
Notarial Act or Notarization
A
Any act that a notary public is empowered to perform under these Rules
17
Q
Notarial Certificate
A
The part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules
18
Q
Notary Public or Notary
A
Any person commissioned to perform official acts under these Rules
19
Q
Principal
A
A person appearing before the notary public whose act is the subject of notarization
20
Q
Regular Place of Work or Business
A
A stationary office in the city or province wherein the notary public renders legal and notarial services
21
Q
Competent Evidence of Identity
A
Refers to the identification of an individual based on
a. at least 1 current identification document issued by an official agency bearing the photograph and signature of the individual
b. the oath or affirmation of 1 credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification
22
Q
Official Seal or Seal
A
A device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules
23
Q
Signature Witnessing
A
Refers to a notarial act in which an individual on a single occasion:
a. appears in person before the notary public and presents an instrument or document
b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules
c. signs the instrument or document in the presence of the notary public
24
Q
Petitioner
A
A person who applies for a notarial commission
25
Court
Supreme Court of the Philippines
26
Office of the Court Administrator
The Office of the Court Administrator of the Supreme Court
27
Executive Judge
The Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission
28
Vendor
A seller of a notarial seal and shall include a wholesaler or retailer
29
Manufacturer
One who produces a notarial seal and shall include an engraver and seal maker
30
Qualifications for Commissioning as Notary Public
1. must be a citizen of the Philippines
2. must be over 21 years of age
3. must be a resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued
4. must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines
5. must not have been convicted in the first instance of any crime involving moral turpitude
31
Form of the Petition and Supporting Documents
Every petition for a notarial commission shall be in writing, verified, and shall include the following:
a. a statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number
b. certification of good moral character of the petitioner by at least 2 executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission
c. proof of payment for the filing of the petition as required by these Rules
d. 3 passport-size color photographs with light background taken within 30 days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs
32
Summary Hearing on the Petition
The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:
a. the petition is sufficient in form and substance
b. the petitioner proves the allegations contained in the petition
c. the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.
33
Notice of Summary Hearing
a. the notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner.
b. the notice shall be substantial in form
34
Opposition to Petition
The opposition must be received by the Executive Judge before the date of the summary hearing.
35
Period of Validity of Certificate of Authorization to Purchase a Notarial Seal
The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of 3 months from date of issue, unless extended by the Executive Judge.
36
A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use. T or F.
True.
37
Every person commissioned as notary public may have more than one official seal of office in accordance with these Rules. T or F.
False. ONLY ONE.
38
Jurisdiction and Term
A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of 2 years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.
39
Register of Notaries Public
The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records.
40
Renewal of Commission
A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the expiration thereof.
A mark, image or impression of the seal of the notary public shall be attached to the application. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules.
The Executive Judge shall, upon payment of the application fee, act on an application for the renewal of a commission within 30 days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.
41
Powers of Notary Public
A notary public is empowered to perform the following notarial acts:
1. acknowledgments
2. oaths and affirmations
3. jurats
4. signature witnessings
5. copy certifications
6. any other act authorized by these Rules
42
A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:
1. the thumb or other mark is affixed in the presence of the notary public and of 2 disinterested and unaffected witnesses to the instrument or document
2. both witnesses sign their own names in addition to the thumb or other mark
3. the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"
4. the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing
43
A notary public is authorized to sign-on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:
1. the notary public is directed by the person unable to sign or make a mark to sign on his behalf
2. the signature of the notary public is affixed in the presence of 2 disinterested and unaffected witnesses to the instrument or document
3. both witnesses sign their own names
4. the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and 2 witnesses
5. the notary public notarizes his signature by acknowledgment or jurat
44
A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
1. public offices, convention halls, and similar places where oaths of office may be administered
2. public function areas in hotels and similar places for the signing of instruments or documents requiring notarization
3. hospitals and other medical institutions where a party to an instrument or document is confined for treatment
4. any place where a party to an instrument or document requiring notarization is under detention
45
A person shall not perform a notarial act if the Person involved as signatory to the instrument or document--
1. is not in the notary's presence personally at the time of the notarization
2. is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules
46
A notary public is disqualified from performing a notarial act if he:
a. is a party to the instrument or document that is to be notarized
b. will receive, as a direct or indirect result, any commission, fee, advantage, right title, interest, cash, property, or other consideration, except as provided by these Rules and by law
c. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree
47
A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:
a. the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral
b. the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act
c. in the notary's judgment, the signatory is not acting of his or her own free will
48
False or Incomplete Certification. A notary public shall not:
a. execute a certificate containing information known or believed by the notary to be false
b. affix an official signature or seal on a notarial certificate that is incomplete
49
Improper Instruments or Documents. A notary public shall not notarize:
a. a blank or incomplete instrument or document; or
| b. an instrument or document without appropriate notarial certification
50
A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part.
Oki.
51
Entries in the Notarial Register
1. entry number and page number
2. date and time of day of the notarial act
3. type of notarial act
4. title or description of the instrument, document or proceeding
5. name and address of each principal
6. competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary
7. name and address of each credible witness swearing to or affirming the person's identity
8. fee charged for the notarial act
9. address where the notarization was performed if not in the notary's regular place of work or business
10. any other circumstance the notary public may deem of significance or relevance
52
Official Signature. - In notarizing a paper instrument or
| document, a notary public shall:
a. sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission
b. not sign using a facsimile stamp or printing device
c. affix his official signature only at the time the notarial act is performed
53
The Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who:
1. fails to keep a notarial register
2. fails to make the proper entry or entries in his notarial register concerning his notarial acts
3. fails to send the copy of the entries to the Executive Judge within the first 10 days of the month following
4. fails to affix to acknowledgments the date of expiration of his commission
5. fails to submit his notarial register, when filled, to the
Executive Judge
6. fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge
7. fails to require the presence of a principal at the time of the notarial act
8. fails to identify a principal on the basis of personal
knowledge or competent evidence
9. executes a false or incomplete certificate under Section 5, Rule IV
10. knowingly performs or fails to perform any other act
prohibited or mandated by these Rules
11. commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction
54
Punishable Acts. - The Executive. Judge shall cause the prosecution of any person who:
a. knowingly acts or otherwise impersonates a notary public
b. knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public
c. knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct
55
Pleadings
Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
56
Kinds of pleadings
1. complaint
2. counterclaim
3. cross-claim
4. third (fourth, etc).-party complaint
5. complaint-in-intervention
57
The defenses of a party are alleged where?
In the answer to the pleading
An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.
58
Complaint
The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
59
Answer
An answer is a pleading in which a defending party sets forth his or her defenses.
60
Defenses
Defenses may either be negative or affirmative.
a. negative: the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action
b. affirmative: an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance
Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.
61
Counterclaim
A counterclaim is any claim which a defending party may have against an opposing party.
62
Compulsory counterclaim
A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules.
63
Cross-claim
A 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 cover all or part of the original claim.
64
A counterclaim may be asserted against an original counter-claimant. T or F.
True.
65
A cross-claim may also be filed against an original cross-claimant. T or F.
True.
66
Reply
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.
All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.
67
Third, (fourth, etc.)-party complaint
A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party defendant for contribution, indemnity, subrogation or any other relief, in respect of his or her opponent's claim.
68
The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where:
a. the third (fourth, etc.)-party defendant cannot be located within 30 calendar days from the grant of such leave
b. matters extraneous to the issue in the principal case are raised
c the effect would be to introduce a new and separate controversy into the action
69
Applicability of Rules on Summary Procedure
A. Civil Cases
1. all cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed P20,000
2. all other civil cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed P10,000 exclusive of interest and costs
B. Criminal Cases
1. violations of traffic laws, rules and regulations
2. violations of the rental law
3. violations of municipal or city ordinances
4. all other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding P1,000.00, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed P10,000.
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.
70
The Rules on Summary Procedure may apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. T or F.
False.
71
A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action. T or F.
True.
72
Pleadings allowed in civil cases under the Rules on Summary Procedure
1. complaints
2. compulsory counterclaims
3. cross-claims' pleaded in the answer, and the answers thereto
73
Rules on Summary Procedure: Answer
Within _____ from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within _____ from service of the answer in which they are pleaded.
10 days
74
Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule.
What happens in a pre-trial ba?
In pre-trial, there are certain matters taken up:
1. possibility of settlement (if there is a civil aspect)
2. plea bargaining
3. referral to mediation (if mediatable)
4. proposal to admission from both parties
5. marking of exhibits a-z for prosecution and numbers for the defense
6. names and addresses of the witnesses
7. trial dates for prosecution and defense
If the accused pleads not guilty, he may plea bargain or plead to a lesser offense if allowable. After an accused pleas guilty, under the continuous trial, trial shall proceed immediately.
75
Effect of failure to appear in the preliminary conference
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed.
76
Jurisdictional Amount for Small Claims Cases
where the value of the claim does not exceed P200,000 exclusive of interest and costs
77
Objectives of Rules of Procedure for Small Claims Cases
a. to protect and advance the constitutional right of persons to a speedy disposition of their cases
b. to provide a simplified and inexpensive procedure for the disposition of small claims cases
c. to introduce innovations and best practices for the benefit of the underprivileged
78
Applicability of Small Claims Cases Rule
The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions that 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:
(a) For money owed under any of the following:
1. Contract of Lease
2. Contract of Loan
3. Contract of Services
4. Contract of Sale
5. Contract of Mortgage
(b) For liquidated damages arising from contracts
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as The Local Government Code of 1991.
79
Prohibited Pleadings and Motions under Small Claims Cases Rule
The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:
a. Motion to dismiss the Statement of Claim/s
b. Motion for a bill of particulars
c. Motion for new trial, or for reconsideration of a judgment, or for reopening 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 the court
h. Motion to declare the defendant in default
i. Dilatory motions for postponement
j. Reply and rejoinder
k. Third-party complaints
l. Interventions
80
Jurisdiction
It is the power and authority of the court to hear, try and decide a case, and to execute its decision.
81
Jurisdiction is the power of the judge. T or F.
False. It is the authority of the court, not the judge.
82
Aspects or classes of jurisdiction
a. jurisdiction over the subject matter
b. jurisdiction over the parties
c. jurisdiction over the issues of the case; and
d. jurisdiction over the res or thing involved in the litigation
83
Can a court refer a case to another court if the case is not within its jurisdiction?
No. The court may only dismiss the case.
84
The amount awarded does not determine jurisdiction. T or F.
True.
85
Who has jurisdiction over agrarian reform cases?
Department of Agrarian Reform (more specifically the Department of Agrarian Reform Adjudicatory Board)
Sec. 50 of RA 6657
86
Who has jurisdiction over money claims against government agencies and instrumentalities?
Commission on Audit
Commonwealth Act No. 327, as amended by Sec. 26 of PD 1445
87
Who has jurisdiction on determining which bid for a waterworks project is compatible with its development plan?
MWSS
88
Who handles cases involving the employment status of employees?
Civil Service Commission
89
Who determines factual issues in labor situations?
Mediator-Arbiter and the Department of Labor and Employment
90
Who primarily handles disputes regarding the validity of circulars implementing the GSIS law?
GSIS Board
91
Jurisdiction may be raised even after final judgment. T or F.
True.
92
Jurisdiction of the Supreme Court
1. generally questions of law. questions of fact are not entertained
2. can refer an appeal to the Court of Appeals if the certiorari submits issues of fact
3. when the findings of facts of the trial court and the reviewing court are conflicting, factual issues may be resolved by the SC
4. when the findings of the court below are grounded entirely on speculation, surmises or conjectures, SC may also resolve factual issues
93
Original exclusive jurisdiction of the SC
In petitions for certiorari, prohibition, and mandamus against the
a. Court of Appeals
b. Commission on Elections
c. Commission on Audit
d. Sandiganbayan
e. Court of Tax Appeals
94
Original concurrent jurisdiction of the SC
In petitions for certiorari, prohibition, and mandamus against the
a. Regional Trial Court
b. Civil Service Commission
c. Central Board of Assessment Appeals
d. National Labor Relations Commission
e. Other quasi-judicial agencies
f. with the Court of Appeals and the Regional Trial Court in petitions for certiorari, prohibition, and mandamus against lower courts and bodies, and in petitions for quo warranto and habeas corpus
g. with the Regional Trial Court in cases affecting ambassadors, public ministers, and consuls.
*subject to hierarchy of courts
95
Appellate jurisdiction of the SC
By way of petition for review on certiorari against the
a. Court of Appeals
b. Sandiganbayan
c. Regional Trial Courts on pure questions of law and in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court
d. Court of Tax Appeals in its decisions rendered en banc
96
Original cases cognizable by the SC
1. petition for certiorari
2. petition for prohibition
3. petition for mandamus
4. petition for quo warranto
5. petition for habeas corpus
* #1-5 shall be in accordance with the applicable provisions of the Constitution and provisions of laws and the provisions of Rules 46, 48, 51 and 52
6. disciplinary proceedings against members of the judiciary and attorneys
7. cases affecting ambassadors, other public ministers, and consuls
8. petition for a writ of amparo
9. petition for a writ of habeas corpus
97
Passing upon a factual issue is within the province of the Supreme Court. T or F.
False.
Findings of facts of the Court of Appeals are not generally reviewable by the SC.
98
Jurisdiction of the Court of Appeals
1. exclusive original jurisdiction in actions for the annulment of the judgments of the RTC
2. concurrent and original jurisdiction with the SC to issue writs of certiorari, prohibition, and mandamus against a) RTC b) Civil Service Commission c) Central Board of Assessment Appeals d) other quasi-judicial agencies mentioned in Rule 43 and e) National Labor Relations Commission
3. exclusive appellate jurisdiction by way of ordinary appeal from the RTC and family courts
4. exclusive appellate jurisdiction by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction
5. exclusive appellate jurisdiction by way of petition for review from the decisions, resolution orders or awards of the Civil Service Commission, and other bodies mentioned in Rule 43.
6. appeal on decisions of the Office of the Ombudsman in administrative disciplinary cases
7. appellate jurisdiction over decisions of Municipal Trial Courts in cadastral or land registration cases pursuant to its delegated jurisdiction
99
The original jurisdiction of the CA to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes may be exercised whether or not in aid of its appellate jurisdiction. T or F.
False.
Used to be allowed but previously, the CA could issue these writs only in aid of its appellate jurisdiction.
100
Judgments and final orders of the Court of Tax Appeals are appealable by way of petition for review to the Court of Appeals. T or F.
False. Not anymore as per RA 9282
They are appealable to SC na but such decisions shall have been rendered by Court of Tax Appeals en banc.
101
CA has the power to grant and conduct new trials or further proceedings. T or F.
True.
Sec. 9 of BP 129:
"x x x The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings x x x"
102
Exclusive original jurisdiction of the RTC
1. All civil actions in which the subject of the litigation is incapable of pecuniary estimation
2. All civil actions which involve title to, or possession of real property or an interest therein, where the assessed value of such property involved exceeds P20,000 outside Metro Manila, or for civil actions in Metro Manila where such value exceeds P50,000
* **Excepted from the above rule are actions for forcible entry and unlawful detainer of land or buildings, exclusive original jurisdiction over which is conferred upon the MTC.
3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300,000 outside Metro Manila, or in Metro Manila, where such demand or claim exceeds P400,000.
4. All matters of probate, both testate and intestate, where the gross value of the estate exceeds P300,000 outside Metro Manila or, in probate matters in Metro Manila, where such gross value exceeds P400,000.
5. In all actions involving the contract of marriage and marital relations **in areas where there are no Family Courts
6. All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions
7. All civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court (subject to RA 8369, law establishing Family Courts) and of the Court of Agrarian Relations as now provided by law.
8. All other cases in which the demand or the value of the property in controversy exceeds P300,000 outside Metro Manila, or in Metro Manila where the demand exceeds P400,000, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.
103
RTC's concurrent original jurisdiction
1. with the Supreme Court in actions affecting ambassadors, other public ministers, and consuls
2. with the Supreme Court and the Court of Appeals in petitions for certiorari, prohibition, and mandamus against lower courts and bodies and in petitions for quo warranto and habeas corpus
104
Appellate jurisdiction of RTC
1. over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions
2. The decisions of the Regional Trial Court in the exercise of its appellate jurisdiction shall be appealable by petition for review to the Court of Appeals. The appeal shall be given due course only when the petition shows prima facie that the lower court has committed an error of fact or law that would warrant a reversal or modification of the decision or judgment sought to be reviewed
105
RTC's special jurisdiction to try special cases
Certain branches of the Regional Trial Court may be designated by the Supreme Court to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban and land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.
106
RTC's jurisdiction over intra-corporate controversies
original and exclusive jurisdiction to hear and decide the following cases:
1. Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Commission.
2. Controversies arising out of intra-corporate or part-nership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity.
3. Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations; and
4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or 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 or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.
107
RTC has exclusive original jurisdiction over all civil actions in which the subject of the litigation is incapable of pecuniary estimation. What actions are incapable of pecuniary estimation?
Generally, if it is primarily for the recovery of a sum of money, it is capable of pecuniary estimation. Jurisdiction over the action would then depend upon the amount of the claim. Where the basic issue is something other than the right to recover a sum of money, or the money claim is merely incidental to the principal relief, the action is incapable of pecuniary estimation.
EXAMPLES OF ACTIONS INCAPABLE OF PECUNIARY ESTIMATION:
a. an action for reformation of an instrument, rescission of a contract or an action for specific performance
b. complaint for expopriation - does not involve recovery of money but deals with the exercise by the govt of its authority and right to take private property for public use
c. action seeking to annul a resolution of a government-owned and controlled corporation
d. an action to annul a Deed of Declaration of Heirs and for a partition of land with an assessed value of P5,000 WHERE the partition aspect is only incidental to the action for annulment
e. an action for the annulment of an extrajudicial foreclosure sale of real property with an assessed value of P50,000 located in Laguna
f. action for partition of a real property located in Taytay, Rizal and with an assessed value of P20,000 and in which the resolution involves the determination of hereditary rights
g. An action for specific performance to compel the defendant to execute a deed of conveyance covering a parcel of land with an assessed value of P19,000.00 (because the main issue is whether or not there is a right to compel specific performance)
h. action for writ of injunction
108
Jurisdiction of the Family Courts
exclusive original jurisdiction over the ff civil cases:
1. petitions for guardianship, custody of children and habeas corpus involving children
2. petitions for adoption for children and the revocation thereof
3. 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
4. petitions for support and/or acknowledgment
5. summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the “Family Code of the Philippines"
6. 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 P.D. 603, E.O. 56 (series of 1986) and other related laws
7. petitions for the constitution of the family home
8. cases against minors cognizable under the Dangerous Drugs Act, as amended
9. violations of R.A. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
10. Cases of domestic violence against: a) women b) children
* If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court
**In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the Regional Trial Court
109
Exclusive original jurisdiction of MTC
1. over civil actions where the value of the personal property, estate or amount of the demand does not exceed P300,000 outside Metro Manila or not more than P400,000 within Metro Manila
2. over probate proceedings, testate and intestate, where the gross value of the estate does not exceed P300,000.00 outside Metro Manila or, P400,000.00 within Metro Manila
3. A petition for probate of a will involving an estate valued at P200,000.00 falls under the jurisdiction of the MTC
4. to grant provisional remedies in proper cases. This rule presupposes that the MTC has jurisdiction over the principal action
5. over forcible entry and unlawful detainer cases
6. over civil 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 P50,000 in Metro Manila. The amounts mentioned are exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs
110
Jurisdictional amount in determining the MTC's jurisdiction does not include the ff:
a. interest
b. damages of whatever kind** applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court
c. attorney's fees
d. litigation expenses
e. costs
EDI WOW
Although excluded in determining the jurisdiction of the court, the above items however, shall be included in the determination of the filing fees
111
MTC's delegated jurisdiction
in cadastral and land registration cases covering lots where there is no controversy or opposition, or contested lots the value of which does not exceed P100,000.00, as may be delegated by the Supreme Court
112
MTC's special jurisdiction
to hear and decide petitions for a writ of habeas corpus in the absence of all the Regional Trial Court judges in the province or city
113
The MTC has exclusive jurisdiction over cases falling under the 1991 Rules on Summary Procedure and the Rule of Procedure for Small Claims Cases. T or F.
True.
114
Exclusive original jurisdiction of Sandiganbayan
A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads:
b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;
c. Officials of the diplomatic service occupying the position of consul and higher;
d. Philippine army and air force colonels, naval captains, and all officers of higher rank;
e. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher;
f. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
g. Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.
2. Members of Congress and officials thereof classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989
3. Members of the judiciary without prejudice to the provisions of the Constitution
4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution
5. All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989
B. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office.
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
115
Court of Tax Appeals' exclusive appellate jurisdiction to review by appeal
1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue
2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction
4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs
5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals
6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Sec. 2315 of the Tariff and Customs Code
7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. 8800, where either party may appeal the decision to impose or not to impose said duties
116
Court of Tax Appeals' jurisdiction over tax collection cases
1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, That collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (PI,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court, and Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection cases:
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, in their respective jurisdictions.
117
Juridiction of quasi-judicial tribunals
RULE 43
Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals
Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (n)
118
Exclusive original jurisdiction of Shari'a Courts
1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code
2. All cases involving disposition, distribution and settlement of the estate of the deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property
3. Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code
4. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations
5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction
119
Concurrent jurisdiction of Shari'a District Courts
1. Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum
2. All other personal and real actions not mentioned in paragraph (d) of the immediately preceding topic, wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court;
3. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims
120
Appellate jurisdiction of Shari'a District Courts
1. Shari’a District Courts shall have appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within their territorial jurisdiction.
2. The Shari’a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit
121
Exclusive Original Jurisdiction of Shari'a Circuit Courts
1. All cases involving offenses defined and punished under this Code.
2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Art. 13 involving disputes relating to:
a. marriage
b. divorce recognized under the Code (PD 1083)
c. betrothal or breach of contract to marry
d. customary dower (mahr)
e. disposition and distribution of property upon divorce
f. maintenance and support, and consolatory gifts
g. restitution of marital rights
3. All cases involving disputes relative to communal properties.
122
Venue
The place of trial or geographical location in which an action or proceeding should be brought. In civil cases, venue is a matter of procedural law. While rules are provided as to where a civil case must be filed, the other party must object to an improper venue, otherwise, the objection is deemed waived and the court can proceed. This is because venue is simply a matter of convenience and not a matter of jurisdiction.
123
Venue of real actions
Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.
Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.
124
Venue of personal actions
All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.
125
Venue of actions against nonresidents
If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.
126
Caption
The caption sets forth the name of the court, the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated.
127
Body
The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading.
a. Paragraphs: the allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings.
b. Headings: When 2 or more causes of action are joined, the statement of the first shall be prefaced by the words "first cause of action,'' of the second by "second cause of action", and so on for the others. When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect
c. Relief: The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable
d. Date
128
Verification v. Certification
(1)
v: non-compliance or a defect therein does not necessarily render the pleading fatally defective. The court may order its submission, correction or act on the pleading depending on the attending circumstances
c: non-compliance or a defect therein, is generally not curable by its subsequent submission or correction thereof, unless there is a need to relax the Rule on the ground of "substantial compliance" or presence of "special circumstances or compelling reasons"
(2)
v: substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint signs the verification
c: must be signed by all the plaintiffs in a case; those who did not sign will be dropped as parties; under justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them substantially complies with the Rule
129
Acknowledgement vs. Jurat
JURATS
A jurat is used when the signer is swearing to the content of the document. The notary must administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that the signer signs in the presence of the notary. It is possible to glean this information from the jurat certificate its self. The wording states “Subscribed and sworn to before me…” – subscribed meaning “signed” and sworn meaning that an oral oath or affirmation was given. “Before me” means that both were done in the presence of the notary public.
ACKNOWLEDGEMENTS
An acknowledgement is used to verify the identity of the signer and to confirm that they signed the document. They are not swearing to the truthfulness or validity of the document, they are simply acknowledging that they signed the document. For an acknowledgement in the state of California, a signer is not required to sign the document in the presence of the notary public, but they are required to personally appear in front of the notary to confirm their signature.
130
Bill of Particulars
a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information
