Civ Pro Jurisdiction and Remedy Charts PDF

ATENEO LAW SCHOOL CIVIL PROCEDURE
2-D [ATTY. NAVA]

nd
L.T.J.F. 2 Semester S.Y. 2012-2013
JURISDICTION OF COURTS
A. Supreme Court, Court of Appeals and Court of Tax Appeals

Court Jurisdiction Against Subject Matter
Supreme Court Exclusive original CA, Commission on Elections, Commission Petitions for certiorari, prohibition and mandamus
on Audit, Sandiganbayan, CTA (Rule 65)
Concurrent original RTC, Civil Service Commission, Central Petitions for certiorari, prohibition and mandamus
with CA Board of Assessment Appeals, NLRC, other (Rule 65)
quasi-judicial agencies
Concurrent original Lower courts (MTC, MeTC, MCTC, MTCC) Petitions for certiorari, prohibition and mandamus
with CA and RTC (Rule 65)
Petitions for Quo Warranto and Habeas Corpus
Concurrent original N/A Cases affecting ambassadors, public ministers and
with RTC consuls
Disciplinary proceedings against members of the
judiciary and the bar
Appellate RTC, CA, Sandiganbayan, CTA Petition for review on certiorari (on pure questions
jurisdiction of law) and decisions of CTA rendered en banc
Court of Appeals Exclusive original RTC Annulment of Judgments
Exclusive appellate RTC and Family Courts Ordinary appeal
Exclusive appellate RTC (as appellate court) Petition for review of the decisions of the RTC in
Sources:
Riano, Willard, Civil Procedure (The Bar Lecture Series) Vol. 1, Manila: Rex Printing Company, 2011.
Regalado, Remedial Law Compendium
2-D [ATTY. NAVA]
nd
the exercise of its appellate jurisdiction

Exclusive appellate Civil Service Commission and other quasi- Petition for review
judicial agencies, office of the Ombudsman
Appellate MTC (exercising its delegated function as a Cadastral or Land Registration Cases
jurisdiction cadastral court)
Court of Tax Exclusive original N/A Tax collection cases involving final and executory
Appeals tax assessments amounting to Php1,000,000 or
more exclusive of charges and penalties
Exclusive appellate Commissioner of Internal Revenue Assessment, tax refund and penalties and tax-
related decisions
RTC Local tax cases
Commissioner of customs Customs, duties, fees, detention or release of
property
Secretary of Finance Decisions automatically elevated for review to the
secretary
Secretary of Agriculture or Trade and Industry Duties and tariff
NOTES:
A. Judgments of CTA are no longer appealable by way of petition for review to CA – it is appealable directly to the Supreme Court
B. If the principal amount in the tax collection case is less than Php1,000,000.00 the case is tried by the RTC and lower courts. For amounts
of Php1,000,000.00 or more (for final and executory assessments for taxes), the CTA has exclusive original jurisdiction over the case.
Sources:
2-D [ATTY. NAVA]
nd
B. Regional Trial Courts

Jurisdiction Subject Matter
Exclusive original 1. When subject matter is incapable of pecuniary estimation (eg: cases of specific performance, expropriation
and annulment of a GOCC resolution)
2. Real Property – cases involving title or possession where the property's assessed value exceeds:
 Php20,000 – outside Metro Manila
 Php50,000 – within Metro Manila
3. Where the claim, demand or value involved exceeds:
◦ Actions in admiralty and maritime jurisdiction
◦ Probate proceedings (gross value of the estate)
◦ All other claims (monetary and non-monetary)
4. All other cases not within the exclusive jurisdiction of any court, tribunal or quasi-judicial body
Concurrent original with Cases affecting consuls, ambassadors and public ministers
the Supreme Court
Appellate jurisdiction MTC, MeTC, MCTC, MTCC
C. Municipal and Metropolitan Trial Courts
Sources:
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nd
Jurisdiction Subject Matter

Exclusive original Claims and demands involving:
 personal property
 estates in probate proceedings
 money claims
where the total value or amount, exclusive of costs,interests and damages, does not exceed:
Cadastral and Land Registration proceedings where the value does not exceed Php100,000 AND there is no
controversy or opposition thereto
1. Small Claims
2. Summary Procedure
3. Forcible entry and unlawful detainer cases (value of property involved is immaterial)
Small Claims Court – where amount does not exceed Php100,000 or there is a waiver of the excess.
Claims are limited to:
1. Money claims
2. Damages
3. Enforcement of an arbitration award
Summary Procedure
1. All cases of unlawful detainer and forcible entry
2. Claims including non-monetary claims (except probate proceedings) where the amount does not exceed:
Sources:
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nd

Special jurisdiction Applications for bail and petitions for Habeas Corpus only when RTC judges are absent in the province or city
MODES OF DISCOVERY
Mode of When Requested Directed Against How Administered Effects of Failure to

Discovery Comply
Depositions With Leave of Court: Any person, Either through: Failure of party giving
Pending 1. After jurisdiction has been whether a party to 1. Oral Testimony notice to attend the taking
Actions (Rule obtained over a defendant the case or not 2. Written Interrogatories (not the same as of deposition – such party
23) AND before an answer in Rule 25) will pay the other party who
has been filed attended expenses incurred
2. If deponent is confined in Deposition is taken before a: by the latter.
prison 1. judge
2. notary public Failure of party giving
Without Leave of Court: 3. person authorized to administer oaths as notice to serve subpoena –
After answer has been filed stipulated by the parties in writing same effect as above
AND deponent is not
confined in prison If overseas, it is taken before: Subject to the additional
1. a secretary of embassy, consul general, effects as provided in Rule
consul, vice-consul or consular agent of 29
the Philippines
2. such person or officer appointed by
Sources:
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commission or letters rogatory

3. any person authorized to administer
oaths as stipulated by the parties in
writing
Depositions 1. Before complaint is filed, Verified petition is Petitioner shall serve a notice upon each Same effects as in Rule 23
Pending a verified petition is filed filed by any person named in the petition as an
Appeal or in the court of the place of person: expected adverse party Subject to the additional
Before Action the residence of any 1. Who wants to effects as provided in Rule
(Rule 24) expected adverse party perpetuate his At least 20 days before date of hearing, the 29
2. If an appeal has been own testimony court shall cause notice to be served on the
taken or before the 2. Who wants to parties and prospective deponents
expiration of the appeal perpetuate the
period, a motion for leave testimony of Depositions may be taken in accordance
of court is made to take another person with Rule 23 before hearing
depositions. Such motion
is filed in the court which
rendered the judgment.
Interrogatories With Leave of Court: The adverse party A party may serve written interrogatories: A party not served with
to Parties 1. After jurisdiction has been only written interrogatories may
(Rule 25) obtained over a defendant With Leave of Court: not be compelled by the
AND before an answer 1. Before answer has been filed adverse party to give
has been filed 2. Succeeding sets of interrogatories testimony in open court or
2. If deponent is confined in to give a deposition pending
Sources:
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nd
prison appeal
Without Leave of Court: Without Leave of Court
After answer has been filed 1. After answer has been served Subject to the additional
AND deponent is not 2. Only 1 set of interrogatories is allowed effects as provided by Rule
confined in prison if served with no leave of court 29
Admission by Anytime after issues have Adverse party – to Each of the matters of which an admission Party who fails to request
Adverse Party been joined (after the admit in writing is requested shall be deemed admitted the admission of facts in
(Rule 26) responsive pleading has been certain material UNLESS the party to whom the request is question shall not be
served) matters which most directed files and serves a sworn statement allowed to present evidence
likely will not be either denying specifically the matters of on such facts
disputed during which an admission is requested or setting
trial forth the reasons why he cannot admit or Subject to the additional
deny those matters. effects as provided by Rule
29
Admissions made in a pending action
cannot be used in any other proceedings
Production or Upon motion of any party Any party who has 1. Motion must be filed by a party Subject to the additional
Inspection of showing good cause therefor under his custody showing good cause thereof effects as provided by Rule
Things or or control the 2. Motion must sufficiently describe the 29
Documents documents or document or thing sought to be
(Rule 27) things that need to produced or inspected
be inspected or 3. Copy of the motion must be given to all
produced the other parties
Sources:
2-D [ATTY. NAVA]
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4. Document or thing must constitute or

contain evidence material
5. Document or thing must not be
privileged
Physical and Available only in an action A party to the case Order of Examination If physician fails or refuses
Mental where the mental or physical whose mental or 1. Notice is given to the party to be to make a report on the
Examination condition of a party is in physical condition examined and all other parties findings the court may
of Persons controversy. is in question 2. Motion must specify the time place, exclude his testimony if
(Rule 28) manner, conditions and scope of the offered at the trial
A motion is be filed for the examination and the person/s by whom
examination of a party (order it is to be made Subject to the additional
is not done motu proprio) effects as provided by Rule
Report on Findings 29
1. Party examined may request for a copy
of the report and once he obtains it:
a. he has to furnish the other party a copy
of a report of any previous or
subsequent examination
b. Waiver of privilege on the testimony of
any other person who examined him
Sources:
2-D [ATTY. NAVA]
nd
PROVISIONAL REMEDIES
Remedy When to File Petition Where to File Petition Issuance/Implementation of Writ Amount of Bond
Preliminary Any stage before the Court where action is pending Either ex parte or upon motion with Court discretion
Attachment entry of final judgment notice and hearing
Preliminary Any stage before the As a provisional remedy – General Rule: Always with hearing and Court discretion
Injunction entry of final judgment court where action (or appeal) notice
is pending. Except: extreme urgency; where Bond is only required
irreparable injury would be a result for Preliminary
As a principal action – RTC Injunctions and NOT
since an action for injunction 20-day TRO – notice and hearing within for TRO.
is not capable of pecuniary the 20-day period; effective from service
estimation on party to be enjoined
72-hr TRO – ex parte; effective from
NOTE: the function of the time of issuance
TRO is to preserve the status 72-hr TRO extended to 20 days
quo while the principal action (including the 1st 72 hours) – extension is
for preliminary injunction is issued after summary hearing
being decided
Receivership Any stage even after As a remedy – During Receiver is appointed upon verified Fixed by the court
final judgment; pendency of appeal, appellate petition. 2 Kinds:
including during court may allow application, Receiver may be discharged: 1. Applicant's Bond
pendency of an appeal but it is filed in the court of a. upon showing that his appointment is 2. Receiver's Bond
Sources:
2-D [ATTY. NAVA]
nd
origin. CA or SC may grant without sufficient cause.

application even if action is b. adverse party files bond
pending in lower the court. c. receiver's bond is insufficient
d. applicant's bond is insufficient
As a principal action - RTC
Replevin Before defendant files Court of origin or trial court – Always issued ex parte with no notice Double the value of the
an answer since the remedy is applied and hearing – precisely because the personal property to be
anytime before an answer is applicant wants to “surprise” defendant seized
filed, there can be no replevin and not give the latter the opportunity to
application in appellate courts hide or dispose of the subject property
Support Any stage before final Family Court – since this Hearing is always required No bond is generally
Pendente Lite judgment provisional remedy is required from the
available only in an action for NOTE: Support Pendente Lite is applicant
On appeal – even for support. interlocutory. Amount determined by
the first time on appeal court as provisional support may be
provided the basis was Exception – when right to modified at any stage of the proceedings.
established at the trial. support is the civil aspect of a
criminal action, RTC and
MTC may issue this remedy
Sources:
2-D [ATTY. NAVA]
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POST-JUDGMENT REMEDIES
BEFORE JUDGMENT BECOMES FINAL AND EXECUTORY

Remedy Grounds Filing Period Effect of Granting Remedy when Limits
Remedy Denied
Motion for 1. Excessive Within same Court may amend Appeal from the 1. No second MR for judgments
Reconsideration damages period as: the judgment judgment itself shall be allowed
2. Evidence (NOT the denial 2. Second MR for interlocutory
insufficient to 15 days – notice of the MR) orders is allowed (but MR for
justify decision of appeal interlocutory orders is NOT
or order 30 days – record covered by Rule 37)
3. Judgment is on appeal
contrary to law
Motion for New 1. Fraud, accident, Within same Original judgment Appeal from the Second MNT is allowed
Trial mistake or period as: shall be vacated and judgment itself provided the grounds must be
excusable action shall stand (NOT the denial those unavailable or not existing
negligence 15 days – notice for trail de novo of the MNT) when the first motion was filed
2. Newly of appeal
discovered 30 days – record
evidence on appeal
Appeal 1. Questioning the 15 days – file 1. Ordinary appeal Certiorari under Orders not appealable:
judgment or notice of appeal under Rule 41 – Rule 65 provided 1. Order denying petition for
order itself or a that rendered the appeal to CA petition for relief
particular matter judgment from RTC in its appeal was 2. Interlocutory order
therein appealed from original dismissed with 3. Dismissal of appeal
jurisdiction grave abuse of 4. Order of execution
Sources:
2-D [ATTY. NAVA]
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2. Questions of law 30 days – record discretion and 5. Dismissal of action without

involved in the on appeal: 2. Petition for without fault of prejudice
case or judgment required only in review under appellant 6. Order denying motion to set
(Rule 45) special Rule 42 – appeal aside judgment by consent,
proceedings and to the CA in confession or compromise
in cases of cases decided by
multiple or RTC in its
separate appeals appellate
jurisdiction.
48 hours – for Rule 41 also
appeals in habeas applies to
corpus cases appeals from
MTC to RTC
insofar as it is
not inconsistent
with Rule 40
3. Appeal by
Certiorari to SC
under Rule 45 –
either from CA
to SC or from
RTC to SC and
must raise only
pure questions of
law
Sources:
2-D [ATTY. NAVA]
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AFTER JUDGMENT BECOMES FINAL AND EXECUTORY
Remedy Grounds Filing Period and Place Effects of Remedy Limits

of Filing Granting when
Remedy Denied
Relief from 1. When judgment Within 60 days after 1. Judgment or Certiorari 1. Remedy cannot be availed of in the
Judgment or order is petitioner learns of the order is set under Supreme Court and the Court of Appeals
entered against judgment AND not aside (1st Rule 65 2. Judgments can be executed upon motion
Nature – a petitioner more than 6 months ground) even during pendency of the petition for
continuation through FAME after such judgment 2. Appeal is relief
of the old/ 2. Petitioner has given due 3. Petition for relief is not available in small
original case been prevented Where filed – same course (2nd claims and summary proceedings
from taking court which decided ground) 4. Petition is available only to the parties to
appeal through the case the case
FAME
Annulment Extrinsic fraud Fraud – within 4 years Fraud – Court Certiorari 1. May not be invoked when petitioner has
of Judgment from discovery may, upon under availed of the remedy of new trial,
Lack of Lack of jurisdiction – motion, order Rule 65 appeal, petition for relief or other remedy
Nature – an jurisdiction over before barred by laches the trial court to AND lost
independent defendant or or estoppel try the case as 2. May not also be invoked if the grounds or
or original subject matter if a timely relief could have been availed of but
action (such grounds Where filed – in CA for MNT was petitioner failed to do so through his fault
(direct deprive aggrieved RTC judgments and in granted 3. Remedy is allowed only in exceptional
attack) party of due RTC for MTC cases where there is no available remedy
process) judgments Lack of 4. Petitioner need not be a party to the
jurisdiction – judgment as long as he can prove the
Sources:
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Set aside the allegation that judgment was obtained

judgment through fraud and he was affected
without thereby
prejudice to the 5. Remedy not available for judgments of
original action quasi-judicial bodies (remedy is ordinary
being re-filed appeal)
Certiorari Grave abuse of Not later than 60 days Depends on the NONE 1. It is necessary to allege and show that
(Rule 65) discretion from notice of act or decision there is no more appeal, or any other
amounting to lack judgment complained of plain, speedy and adequate remedy in the
Nature – or excess of ordinary course of law
Special jurisdiction If MR or MNT was 2. Cannot be resorted to when appeals and
Civil Action filed, the 60-day period other remedies are available (remedy of
NOTE: Remedy runs from notice of last resort)
covers acts of a denial of motion 3. Sole function is to correct errors of
tribunal, board or jurisdiction including the commission of
officer exercising NOTE: filing the grave abuse of discretion
judicial or quasi- petition does not 4. Certiorari (Rule 65) is NOT a substitute
judicial functions interrupt the proceeding for a lost appeal
of the principal case. 5. May be availed of even if a remedy is
Only a TRO or Writ of available (appeal) but the same is useless,
Preliminary Injunction not speedy nor adequate as Certiorari.
can interrupt such case
Collateral N/A (Grounds are N/A N/A N/A 1. A collateral attack is made when, in
Attack those of the direct another action to obtain a different relief,
attack/ action) an attack on the judgment is made as an
incident in said action
2. Only proper when the judgment is null
and void on its face
Sources:

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ATENEO LAW SCHOOL CIVIL PROCEDURE

2-D [ATTY. NAVA]

A. Supreme Court, Court of Appeals and Court of Tax Appeals

the exercise of its appellate jurisdiction

B. Regional Trial Courts

C. Municipal and Metropolitan Trial Courts

Jurisdiction Subject Matter

 Php200,000 – within Metro Manila

Mode of When Requested Directed Against How Administered Effects of Failure to

commission or letters rogatory

4. Document or thing must constitute or

origin. CA or SC may grant without sufficient cause.

BEFORE JUDGMENT BECOMES FINAL AND EXECUTORY

2. Questions of law 30 days – record discretion and 5. Dismissal of action without

AFTER JUDGMENT BECOMES FINAL AND EXECUTORY

Remedy Grounds Filing Period and Place Effects of Remedy Limits

Set aside the allegation that judgment was obtained

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