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1, 2019
How Jurisdiction is Acquired?
 Jurisdiction of the court over the plaintiff or
petitioner is acquired by the filing of the
complaint, petition, or initiatory pleading
before the court by the plaintiff or petitioner.
(Personal jurisdiction)
 Jurisdiction of the court over the defendant or
respondent is acquired by the voluntary
appearance by the defendant to the court or by
service of summons.
 Jurisdiction of the court over the subject matter is
conferred by law.
 Jurisdiction of the court over the res (thing) is
acquired by actual or constructive seizure.
(Regalado, 1997)
Payment of Docket Fee is Jurisdictional
 In a civil case filed before the court, proper docket
fees have to be paid before the court will attain
jurisdiction.
In Pilipinas Shell Petroleum Corp. v. CA:
 Filing fees are intended to take care of court
expenses in the handling of cases in terms of cost
of supplies, use of equipment, salaries and fringe
benefits of personnel, etc.
In Lee v. Republic:
 SC ruled that a case is deemed filed only upon
payment of the docket fee regardless of the actual
date of filing of the case in court.
In Manchester Dev’t Corp. v. CA:
 A court acquires jurisdiction over any case only
upon the payment of the prescribed docket fee.
 Henceforth, all complaints, petitions, answers and
other similar pleadings should specify the amount
of damages being prayed for not only in the body
of the pleading, but also in the prayer, and said
damages shall be considered in the assessment of
the filing fees in any case.
 The requirement of an appeal fee is by no means a
mere technicality of law or procedure. It is an
essential requirement without which the decision
appealed from would become final and executory
as if no appeal was filed at all.
 The right to appeal is merely a statutory privilege
and may be exercised only in the manner
prescribed by, and in accordance with, the
provision of the law.
Respect to the Hierarchy of Courts
 Disregarding the hierarchy of courts must be
stopped, not only because of the imposition upon
the precious time of this Court but also because of
the inevitable and resultant delay in the
adjudication of the case which often has to be
remanded or referred to the lower court as the
LEGAL RESEARCH
Oct.
proper forum under the rules of procedure, or as
better equipped to resolve the issues since this
Court is not a tier of facts.
 The principle of the hierarchy of courts generally
applies to cases involving factual questions.
Actions
 Means an ordinary suit in a court of justice, by
which one party prosecutes another for the
enforcement or protection of a right, or the
prosecution or redress of a wrong. (De Guzman v.
CA)
Classification of Actions
1. Real, Personal, Mixed
2. In Rem, Personam, and Quasi in Rem
3. Transitory and Local
1. Real, Personal, Mixed
Real Actions
 Those brought for the protection of real rights,
specific recovery of lands, tenements, or one
founded on privity of estate only.
Personal Actions
 Those brought for the specific recovery of goods
and chattels; or of other redress for breach of
contract, or other injuries, of whatever
description; the specific recovery of lands,
tenements, and hereditaments only expected.
 Arise either upon contracts, or for wrongs
independently of contracts.
2. In Rem, Personam, and Quasi in Rem
In Rem Action
 Directed against the thing itself. It is binding
upon the whole world.
 Ex. land registration
In Personam Action
 Directed a particular person on the basis of his
liability to establish a claim against him.
Judgment is binding upon the person impleaded
and his successors in interest.
 Ex. action for breach of contract
Quasi In Rem Action
 Directed a particular person but the purpose is to
bar and bid not only said person but any other
person who claims any interest in the property
or right subject of the suit.
 Ex. action for judicial foreclosure of mortgage
3. Transitory and Local
Transitory Actions
 The venue of which depends generally upon the
residence of the parties regardless of where the
cause of action arose.
 Ex. personal action
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CHAPTER 5 – BASIC REMEDIAL LAW Oct. 1, 2019
Local Actions 2. The delict or wrongful act or omission of
 Required by Rules of Court to be instituted in a the defendant, by which the primary right
particular place in the absence of an agreement to and duty have been violated.
the contrary.  Determined not by prayer of the complaint but by
 Ex. real action the facts alleged.

Civil Action Definition of a Right of Action

 One by which a party sues another for the  It is the right to commence and maintain an action.
enforcement or protection of a right, or the In the law on pleadings, right of action is distinguished
prevention or redress of a wrong. from cause of action:
 May either be ordinary or special.
 Both are governed by rules for ordinary civil
actions, subject to the specific rules prescribed for Right of Action Cause of Action
a special civil action. (Sec. 3, Rule 1, Rules of Remedial right belonging Formal statement of the
Court) to some persons. operative facts that give
 Where the petitioner and defendant decide, on the rise to such remedial right.
discretion of the petitioner. Matter of right and Matter of statement and is
depends on the substantive governed by the law of
Criminal Action law. procedure.
 One by which the State prosecutes a person for Springs from the cause of
an act or omission punishable by law. action, but does not accrue
 Complainant can be private offended party; until all the facts which
violation of right of an individual. constitute the cause of
 There is recovery of damages. action have occurred.
 Principal complainant is the State.
 Violation of laws of the State.  When there is an invasion of primary rights, then and
 Danger of imposition of penal sanction. not until then does the adjective or remedial law
become operative, and under it arise rights of action.
Special Proceeding  There can be no right of action until there has been a
 Remedy by which a party seeks to establish a wrong—a violation of a legal right—and it is then
status, a right, or a particular fact. given by the adjective law.

Commencement of Action Parties to Civil Actions

 A civil action is commenced by the filing of the  Only natural or juridical persons or entities
original complaint in court. authorized by law may be parties in a civil action.
 If an additional defendant is impleaded in a later  Plaintiff – claiming party, the counter-claimant, the
pleading, the action is commenced with regard to cross-claimant, or the third (fourth, etc.) party plaintiff.
him on the date of the filing of such later pleading,  Defendant – original defending party, the defendant in
irrespective of whether the motion for its a counterclaim, the cross-defendant, or the third
admission, if necessary, is denied by the court. (fourth, etc.) party defendant.
(Sec. 5, Rule 1, ROC)
Classification of Parties
Causes of Actions 1. Real Party in Interest
Definition of a Cause of Action 2. Indispensable Party
 An act or omission by which a party violates a 3. Proper Party
right of another. Every ordinary civil action must 4. Pro Forma Party
be based on a cause of action. A party may not 5. Quasi-Parties
institute more than one suit for a single cause of 6. Representatives as Parties
action. (Rule 2 ROC) 7. Indigent Parties
 It is the fact or combination of facts which 8. Class Suit
affords a party a tight to judicial interference in
his behalf. 1. Real Party in Interest
 Must always consist of two elements:  Stands to be benefited or injured by the judgment
1. Plaintiff’s primary right and the in the suit, or the party entitled to the avails of the
defendant’s corresponding primary duty, suit.
whatever may be the subject to which they  Unless otherwise authorized by law or these Rules,
relate. every action must be prosecuted or defended in the
name of the real party in interest. (Rule 3, Rules of
Court)
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2. Indispensable Party
 A person without whom no final destination can
be had of an action.
3. Proper Party
 One who is not indispensable but ought to be
joined as a party if complete relief is to be
accorded as to those already parties, or for a
complete determination or settlement of the claim
subject of the action. (Rule 3, Rules of Court)
4. Pro Forma Party
 A husband or wife who is required to be joined
in suits by or against his spouse.
5. Quasi-Parties
 Those in behalf a class or representative suit is
brought.
 Parties not initially or formally impleaded as
original parties but later bind themselves to comply
with the terms of a judgment and compromise
rendered therein.
6. Representatives as Parties
 Where the action is allowed to be prosecuted or
defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be
deemed to be the real party in interest.
 A representative may be a trustee of an express
trust, a guardian, an executor or administrator,
or a party authorized by law or these Rules.
 An agent acting in his own name and for the
benefit of an undisclosed principal may sue or be
sued without joining the principal except when the
contract involves things belonging to the principal.
(Rule 3, Rules of Court)
7. Indigent Parties
 A party may be authorized to litigate his action,
claim or defense as an indigent if the court, upon
an ex parte application and hearing, is satisfied that
the party is one who has no money or property
sufficient and available for food, shelter and basic
necessities for himself and his family.
 Such authority shall include exemption from
payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court
may order to be furnished him.
 The amount of the docket and other lawful fees
which the indigent was exempted from paying
shall be a lien on any judgment rendered in the
case favorable to the indigent, unless the court
otherwise provides. (Rule 3, Rules of Court)
8. Class Suit
 When the subject matter of the controversy is one
of common or general interest to many persons
so numerous that it is impracticable to join all
as parties, a number of them which the court finds
to be sufficiently numerous and representative as
to fully protect the interests of all concerned may
sue or defend for the benefit of all.
LEGAL RESEARCH
Oct. 1, 2019
Venue of Actions
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 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.
(Rule 4, Rules of Court)
Venue of Personal Actions
 All other actions may be commenced and tried
where the plaintiff or any of the principal
plaintiff resides, or where the defendant or any
of the defendant resides, or in the case of a non-
resident defendant where he may be found, at the
election of the plaintiff. (Rule 4, Rules of Court)
Venue of Actions against Non-residents
 If any if 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. (Rule 4, Rules of Court)
Criminal Action and Criminal Law
Criminal Action
 One by which the State prosecutes a person for
an act or omission punishable by law. (Sec. 3,
Rule 1, Rules of Court)
Criminal Law
 RPC (Act 3815) was enacted into law by the
Philippine Legislature on Dec. 8, 1930. It took
effect on Jan. 1, 1932.
 RPC consists of two books:
 Book One
 Basic Principles affecting Criminal
Liability (Art. 1-20)
 Provisions on Penalties (Art. 21-113)
 Book Two – defines the felonies with the
corresponding penalties, and the felonies
are classified under 14 different titles.
 There are also Special Penal Laws. These are laws
enacted by Congress which penalize specific acts
not included in the RPC. The medical
malpractice bill if passed forms part of a special
criminal law because of the criminal provisions.
 The Philippine Criminal Law is influenced by
Spanish Penal Code and the American Criminal
Justice System.
 Crimes are “owned” by the state, prosecuted by the
state in its own name [People v. the accused]
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 There is no common law crime in the
Philippines.
 Common law crimes are based on case laws or
decisions of the court, and they are the body of
principles, usages, and rules of action, which do
not rest their authority upon any express and
positive declaration of the will of the legislature.
 Unless there be a particular provision in the
penal code or special penal law that defines and
punishes the act, even if it be socially or morally
wrong, no criminal liability is incurred by its
commission.

Criminal Action v. Civil Action

Criminal Action Civil Action
One by which the State One by which a party sues
prosecutes a person for an another for the enforcement
act/omission punishable by or protection of a right, or
law. the prevention or redress of
a wrong.
Commenced by a complaint Commenced by a complaint
or information filed by the or petition by a private
fiscal. person.
Brought in the name of the Brought in the name of the
state with the private real party in interest.
complainant as a mere
witness for the state.

References:
1. Books
 Legal Research & Bibliography by Ng, Po
 Regalado, Florenz D. (1997). Remedial Law
Compendium (6th rev ed). Manila, Philippines:
National Bookstore, Inc.
 Thurgood Marshall Law Library, University of
Maryland School of Law, “Guide to Legal
Research” (2006)

2. Laws, Rules of Court, and Administrative Issuances

 1997 Rules of Civil Procedure
 Revised Rules of Criminal Procedure
 Revised Rules on Evidence

3. Websites
 http://www.supremecourt.gov.ph
 http://www.gov.ph

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