Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I.
GENERAL PRINCIPLES
A. Remedial Law
Bustos v. Lucero, G.R. No. L-2068, October 20, 1948
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946
Basic Concepts
i.
Jurisdiction- Definition
Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011
a. General Jurisdiction
Regional Trial Court
Durisol Phil. v. Court of Appeals, G.R. No. 121106, February 20,
2002
b. Special or Limited Jurisdiction
Sandiganbayan
Court of Tax Appeals
Shariah District Court
Also: Regional Trial Court- Family Courts, Probate CourtMetropolitan Trial Court, Municipal Trial Court,
Municipal Circuit Court
c. Original Jurisdiction
i. Supreme Court
Sec. 5, par. 1, Art. VIII, 1987 Constitution
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan
(Sec. 12, Rule 7, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
ii. Court of Appeals
Sec. 9, B.P. 129
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan
(Sec. 12, Rule 7, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
Actions for Annulment of RTC judgment
Petition for freeze order on monetary instrument, etc.
relating to unlawful activity under Anti-Money
Laundering Act of 2001 or R.A. 9160 as amended by
R.A.9194 (Sec. 44 of A.M. No. 05-11-04-SC)
iii. Regional Trial Court
Sec. 21, B.P. 129
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
iv. Shariah Distric Court
Art. 413, par. 2, P.D. 1083
d. Appellate Jurisdiction
i. Supreme Court
Sec. 5., par. 2, Art. VIII, 1987 Constitution
Rule 45, Sec. 1, 1997 Rules of Court (Rules of Court)
See: Sec. 7, P.D. 1606 as amended by R.A.s 7975,
8249,
Court of Appeals
Sandiganbayan
Court of Tax Appeals
COMELEC
Commission on Audit
Ombudsman (criminal cases)
CIVIL PROCEDURE
Brief History
Code of Civil Procedure or Act No. 190- August 7, 1901
(Old) Rules of Court- July 1, 1940
Revised Rules of Court- January 1, 1964
(New) Rules of Court- July 1, 1997
Rules 1-71
RULE 1- GENERAL PROVISIONS
Sec. 1. Title of the Rules of Court
Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946 (Supra.)
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Sec. 2. In what courts applicable
Sec. 4. In what case not applicable
GSIS v. Villaviza, G.R. No. 180291, July 27, 2010
Reyes v. Barrios, G.R. No. 172841, December 15, 2010
Sec. 3. Cases governed
a) Civil Action
b) Criminal Action
c) Special Proceedings
b) Personal Actions
Chua v. Total Office Products, G.R. No. 152808, September 30,
2005
Paderanga v. Hon. Buissan, G.R. No. L-49475, September 28,
1993
See Rule 4, Sec. 2
c) Mixed Actions
De la Cruz v. El Seminario, G.R. No. L-5402, January 28, 1911
Emergency Loan Pawnshop v. Court of Appeals, G.R. No. 129184,
February 28, 2001
D. Kinds of Civil Actions as to Object
a) Action in Personam
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009
Ching v. Court of Appeals, G.R. No. L-59731, January 11, 1990
b) Action in Rem
Licaros v. Licaros, G.R. No. 150656, April 29, 2003
Gomez v. Court of Appeals, G.R. No. 127692, March 10, 2004
c) Action Quasi in Rem
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009
(Supra.)
Asiavest Ltd. v. Court of Appeals, G.R. No. 128803, September
25, 1998
d) Mixed Action
BA Finance v. Court of Appeals, G.R. No. 102998, July 5, 1996
E. Kinds of Actions as to Place of Filing of Complaint
a) Local Action
b) Transitory Action
Sec. 5. Commencement of action
Board of Liquidators v. Zulueta, G.R. No. L-30738, July 30, 1982
See: Sotelo vs. Dizon, 67 Phil. 537; Cabrera vs. Tianco, 8 SCRA 582
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