JURISDICTION OF THE COURTS

JURISDICTION OF THE SUPREME COURT

1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and
consuls; petitions or certiorari, prohibition, mandamus, quo warranto and habeas
corpus !concurrent "ith R#$%.
&. Revie", revise, reverse, modi', or airm on appeal or certiorari, inal judgments o
lo"er courts in(
a. $ases in "hich the constitutionalit' or validit' o an' treat', international or
e)ecutive agreement, la", decree, proclamation, order, instruction, ordinance or
regulation is in *uestion;
b. $ases involving the legalit' o an' ta), impost, assessment, or toll, or an' penalt'
imposed thereto;
c. $ases involving the jurisdiction o lo"er courts;
d. All criminal cases in "hich the penalt' imposed is reclusion perpetua or higher;
e. All cases in "hich onl' an error or *uestion o la" is involved.
JURISDICTION OF THE COURT OF APPEALS
1. ORIGINAL jurisdiction to issue "rits o mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and au)iliar' "rits or processes, "hether or not in aid o
its appellate jurisdiction !concurrent "ith +$ and R#$s%
&. ,-$L.+I/, original jurisdiction over actions or annulment o judgments o R#$s.
0. ,-$L.+I/, appellate jurisdiction over all inal judgments, decisions, resolutions,
orders or a"ards o R#$s and *uasi1judicial agencies, bodies, or commissions,
EXCEPT those "hich all "ithin the appellate jurisdiction o the +$, namel'(
a. $O2,L,$;
b. $ommission on Audit;
c. +andiganba'an.
JURISDICTION OF THE REGIONAL TRIAL COURTS
I. ORIGINAL
A. $I/IL $A+,+
1. $ases "here the subject o the litigation is incapable o pecuniar' estimation;
&. Involving the title to, or possession o, real propert', or an' interest therein,
"here the assessed value o the propert' involved e)ceeds 3&4,4445
364,444, EXCEPT actions or orcible entr' and unla"ul detainer(
0. All actions in admiralt' and maritime jurisdiction "here the demand or claim
e)ceeds 3&44,44453744,444;
7. 3robate proceedings, both testate and intestate, "here the gross value o the
estate 3&44,44453744,444;
6. In all actions involving the contract o marriage and marital relations;
8. In all cases not "ithin the e)clusive jurisdiction o an' court, tribunal, person
or bod' e)ercising jurisdiction;
9. In all civil actions and special proceedings alling "ithin the e)clusive original
jurisdiction o a :uvenile and ;omestic Relations $ourt and o the $ourt o
Agrarian Relations as no" provided b' la"; and
<. In all other cases in "hich the demand, e)clusive o interest, damages o
"hatever =ind, attorne'>s ees, litigation e)penses, and costs or the value o
the propert' in controvers' e)ceeds 3&44,44453744,444;
?. $RI2INAL $A+,+
All criminal cases not "ithin the e)clusive jurisdiction o an' court,
tribunal, or bod' EXCEPT those "ithin the jurisdiction o the +andiganba'an,
"here the penalt' e)ceeds 8 'ears imprisonment irrespective o ine, or i onl' a
ine is imposable, e)ceeds 38,444, regardless o the amount o civil liabilit'.
Manzano vs. Valera
R.A. 98@1 places jurisdiction over criminal cases "here the penalt' is
8 'ears or less "ith the 2#$s. Libel is punishable b' prision correcional in its
minimum and medium periods and prision correcional has a range rom si)
months and one da' to si) 'ears. ON the other hand, Art. 084 o the R3$
gives jurisdiction over libel cases to the $AI !no" R#$%. #he latter is a
special la" "hich must prevail over general la"s. 2oreover, rom the
provisions o R.A. 98@1, there seems to be no maniest intent to repeal or
alter the jurisdiction in libel cases. #hus, R#$s still have jurisdiction over libel
cases.
II. A33,LLA#,
All cases decided b' the lo"er courts !2#$s% in their respective territorial
jurisdictions.
NOTE no trial de novo; case is decided on the basis o decision and supporting
aidavits.
JURISDICTION OF THE FAMILY COURTS (R.A. 8369)
Aamil' $ourts shall have e)clusive original jurisdiction to hear and decide the ollo"ing
cases(
1. $riminal cases "here(
a. One or more o the accused is belo" eighteen !1<% 'ears o age but not less than
nine !@% 'ears o age, OR
b. One or more o the victims is a minor at the time o the commission o the
oense.
Provided! #hat i the minor is ound guilt', the court shall promulgate sentence and
ascertain an' civil liabilit' "hich the accused ma' have incurred. #he sentence,
ho"ever, shall be suspended "ithout need o application pursuant to the B$hild and
Couth Delare $odeB;
&. 3etitions or guardianship, custod' o children, habeas corpus in relation to the latter;
0. 3etitions or adoption o children and the revocation thereo;
7. $omplaints EorF(
a. Annulment o marriage
b. ;eclaration o nullit' o marriage
c. #hose relating to marital status and propert' relations o(
i. Gusband and "ie OR
ii. #hose living together under dierent status and agreements, AN;
d. 3etitions or dissolution o conjugal partnership o gains;
6. 3etitions or support and5or ac=no"ledgment;
8. +ummar' judicial proceedings brought under the provisions o the BAamil' $ode o
the 3hilippinesB;
9. 3etitions or(
a. ;eclaration o status o children as
i. Abandoned
ii. ;ependent OR
iii. Neglected children
b. /oluntar' or involuntar' commitment o children;
c. #he suspension, termination, or restoration o parental authorit' and other cases
cogniHable under B$hild and Couth Delare $odeB, ,)ecutive Order No. 68,
!+eries o 1@<8%, and other related la"s;
<. 3etitions or the constitution o the amil' home;
@. $ases against minors cogniHable under the ;angerous ;rugs Act, as amended;
14. /iolations o Republic Act No. 9814, other"ise =no"n as the B+pecial 3rotection o
$hildren Against $hild Abuse, ,)ploitation and ;iscrimination Act,B as amended b'
Republic Act No. 986<; and
11. $ases o domestic violence against(
a. Domen
Dhich are acts o gender based violence that results, or are li=el' to result in
ph'sical, se)ual or ps'chological harm or suering to "omen; and other
orms o ph'sical abuse such as battering or threats and coercion "hich
violate a "oman>s personhood, integrit' and reedom o movement; AN;
b. $hildren
Dhich include the commission o all orms o abuse, neglect, cruelt',
e)ploitation, violence, and discrimination and all other conditions prejudicial to
their development.
I an act constitutes a criminal oense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
I an' *uestion involving an' o the above matters should arise as an incident in
an' case pending in the regular courts, said incident shall be determined in that court.
;ecisions and orders o the court shall be appealed in the same manner and
subject to the same conditions as appeals rom the ordinar' Regional #rial $ourts.
JURISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND THE
MUNICIPAL CIRCUIT TRIAL COURTS
A. $I/IL $A+,+
1. $ivil actions and probate proceedings, testate and intestate, including the grant
o provisional remedies "here the demand, e)clusive o interest, damages,
attorne'Is ees and costs, does not e)ceed 3144,4445&44,444.
&. ,)clusive original jurisdiction over cases o orcible entr' and unla"ul detainer;
issue o o"nership resolved onl' to determine issue o possession.
Ater lapse o 1 'ear, 2#$ loses jurisdiction, and case becomes one or
recover' o possession de "ure !accion publicicana%, although 2#$ ma' still
have jurisdiction i value o propert' does not e)ceed 3&4,444564,444.
0. Actions involving personal propert' valued at not more than 3144,4445&44,444.
7. Actions involving title or possession o real propert' "here the assessed value
doe not e)ceed 3&4,444564,444.
6. Inclusion5e)clusion o voters.
?. $RI2INAL :.RI+;I$#ION
1. /iolations o cit' or municipal ordinances.
&. All oenses punishable "ith not more than 8 'ears imprisonment, irrespective o
ine, or a ine o not more than 38,444, regardless o civil liabilities and accessor'
penalties.
SUMMARY PROCEDURE
I. $A+,+ A33LI$A?L,
A. $I/IL $A+,+
1. All cases o orcible entr' and unla"ul detainer irrespective o amount o
damages or unpaid rentals; "ithout *uestion o o"nership; attorne'Is ees not
e)ceeding 3&4,444 i *uieting o o"nership; resolved to determine *uestion
o possession.
&. Other civil cases EXCEPT probate proceedings, "here the total amount o
the claim does not e)ceed 314,444, e)clusive o interest and cost.
?. $RI2INAL $A+,+
1. /iolation o traic la"s, rules, regulations
&. /iolation o rental la"s
0. /iolations o cit' or municipalit' ordinances
7. All other criminal cases "here the penalt' does not e)ceed 8 months or a ine
o 31444 or both
6. ;amage to propert' through criminal negligence "here the ine does not
e)ceed 314,444.
II. 3ROGI?I#,; 3L,A;ING+ AN; 2O#ION+
1. 2otion to dismiss or *uash EXCEPT or lac= o jurisdiction over subject matter or
ailure to compl' "ith #atarun$an$ Pambaran$a% !LG$% re*uirements
&. 2otion or bill o particulars
0. 2otions or ne" trial, reconsideration, re1opening
7. 3etition or relie rom judgment
6. 2otion or e)tension o time to ile pleadings, aidavits
8. 2emoranda
9. 3etition or certiorari, mandamus, and prohibition against an' interlocutor' order
issued b' the court
<. 2otion to declare deendant in deault
@. ;ilator' motion or postponement
14. Repl'
11. #hird1part' complaints
1&. 2otion or intervention
JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)
,-$L.+I/, jurisdiction over
1. .nsound real estate business practices
&. $laims involving reund and an' other claims iled b' subdivision lot or condominium
unit bu'er against the project o"ner, developer, dealer, bro=er, or salesman
0. $ases involving speciic perormance o contractual and statutor' obligations iled b'
bu'ers o subdivision lots or condominium units against the o"ner, developer, dealer,
bro=er, or salesman
JURISDICTION OF THE KATARUNGANG PAMBARANGAY (UNDER THE LOCAL GOVERNMENT
CODE OF 1991)
1. No complaint, petition, action or proceeding involving an' matter "ithin the authorit'
o the lupon shall be iled or instituted directl' in court or an' other government oice
or adjudication, unless(
a. #here has been a conrontation bet"een the parties beore the lupon chairman or
pan$&at, AN;
b. #hat no conciliation or settlement has been reached as certiied b' the
lupon'pan$&at secretar' as attested to b' lupon chairman or pan$&at chairman,
or unless such settlement has been repudiated b' the parties thereto
&. (isputes sub"ect to Conciliation )equirement All disputes bet"een parties actuall'
residing in the same cit' or municipalit'
GOD,/,R, the court in "hich non1criminal cases not alling "ithin the authorit'
o the Lupon ma', at an' time beore trial, reer the case to the lupon or
amicable settlement.
0. ,-$,3#ION+ #O $ON$ILIA#ION R,J.IR,2,N# !+$ $ircular 171@0%
a. Dhere one part' is the government, or an' subdivision or instrumentalit' thereo;
b. Dhere one part' is a public oicer or emplo'ee, and the dispute relates to the
perormance o his oicial unctions;
c. Dhere the dispute involves real properties located in dierent cities and
municipalities, unless the parties thereto agree to submit their dierence to
amicable settlement b' an appropriate *upon;
d. An' complaint b' or against corporations, partnerships or juridical entities, since
onl' individuals shall be parties to +aran$a% conciliation proceedings either as
complainants or respondents !+ec. 1, Rule /I, #atarun$an$ Pambaran$a%
Rules%;
e. ;isputes involving parties "ho actuall' reside in baran$a%s o dierent cities or
municipalities, EXCEPT(
i. Dhere such baranga' units adjoin each other, AN;
ii. #he parties thereto agree to submit their dierences to amicable settlement
b' an appropriate *upon;
. Oenses or "hich the la" prescribes a ma)imum penalt' o imprisonment
e)ceeding one !1% 'ear or a ine over ive thousand pesos !36,444.44%;
g. Oenses "here there is no private oended part';
h. ;isputes "here urgent legal action is necessar' to prevent injustice rom being
committed or urther continued, speciicall' the ollo"ing(
i. $riminal cases "here accused is under police custod' or detention;
ii. 3etitions or habeas corpus b' a person illegall' deprived o his rightul
custod' over another or a person illegall' deprived o his libert' or one acting
in his behal;
iii. Actions coupled "ith provisional remedies such as preliminar' injunction,
attachment, deliver' o personal propert' and support during the pendenc' o
the action; AN;
iv. Actions "hich ma' be barred b' the +tatute o Limitations.
i. An' class o disputes "hich the 3resident ma' determine in the interest o justice
or upon the recommendation o the +ecretar' o :ustice;
j. Dhere the dispute arises rom the $omprehensive Agrarian Reorm La" !$ARL%
!+ections. 78 K 79, R.A. 8869%;
=. Labor disputes or controversies arising rom emplo'er1emplo'ee relations
!Monto%a vs. Esca%o! et al., 191 +$RA 77&; Art. &&8, Labor $ode, as amended,
"hich grants original and e)clusive jurisdiction over conciliation and mediation o
disputes, grievances or problems to certain oices o the ;epartment o Labor
and ,mplo'ment%;
l. Actions to annul judgment upon a compromise, "hich ma' be iled directl' in
court.
7. /,N., OA 3RO$,,;ING+(
S!"#!$% V&%"&
3arties reside in same baran$a% #hat baran$a%
3arties reside in dierent baran$a%s +aran$a% "here respondent, or an' o the
respondents, actuall' resides, at the option
o the complainant
;isputes involving real propert' or interest
therein
+aran$a% "here propert' is situated
;isputes arising at the "or=place "here
the contending parties are emplo'ed, or at
the institution "here such parties are
enrolled or stud'
+aran$a% "here such "or=place or
institution is located
Objections to venue shall be raised in the mediation proceedings beore the punon$
baran$a%; other"ise, the' are deemed "aived. Legal *uestions conronting the
punon$ baran$a% "hich might arise in resolving such objections are to be submitted
to the +ecretar' o the ;O:, "hose ruling shall be binding.
6. ,AA,$# OA NON1$O23LIAN$,(
a. ;ismissal upon motion o deendants or ailure to state cause o action or
prematurit'; OR
b. +uspension o proceedings upon petition and reerral o case motu proprio to
appropriate baran$a% authorit'.
8. 3RO$,;.R, AOR A2I$A?L, +,##L,2,N#(
a. $omplainant pa's appropriate iling ees, and shall complain, orall' or in "riting,
to the lupon chairman o the baranga';
b. *upon chairman shall ma=e attempts at mediation; i he ails "ithin 16 da's rom
date o irst meeting, he shall set a date or the constitution o a pan$&at n$
ta$apa$sundo !0 members; chosen b' the parties rom the list o the members o
the lupon%
c. Pan$&at shall have po"er to issue summons, and shall hear both parties and
their "itnesses, and attempt to arrive at an amicable settlement. It shall arrive at
said settlement or resolution o the dispute "ithin 16 da's rom the da' it
convenes.
;uring the period "hile the dispute is under mediation, the prescriptive periods
or oenses, and or causes o action shall be interrupted upon iling o the
complaint "ith the punong baranga'. +aid interruption shall not e)ceed 84 da's
rom said iling.
In all proceedings, parties must appear in person "ithout the assistance o
counsel or representatives, EXCEPT or minors and incompetents "ho ma' be
assisted b' their ne)t1o1=in "ho are not la"'ers.
9. Amicable settlement shall have the orce and eect o a inal judgment upon the
e)piration o 14 da's rom its date, unless(
a. It is repudiated, or
Repudiation must be done "ithin 14 da's, b' iling a s"orn statement "ith
the lupon chairman;
#he grounds or repudiation are vitiation o consent b' raud, violence or
intimidation;
+uch repudiation is a suicient basis or the issuance o a certiication or
iling a complaint "ith the court.
b. A petition to nulli' the settlement is iled in the proper cit' or municipal court
#he above does not appl' to cases not "ithin jurisdiction o the lupon but
submitted to it. In this case, the compromise agreed upon b' the parties
beore the lupon5pang=at chair shall be submitted to the court and upon
approval thereo, shall have the orce and eect o a judgment o said court.
<. ,-,$.#ION OA A2I$A?L, +,##L,2,N#(
a. Dithin 8 months rom date o settlement( b' the lupon.
b. #hereater, b' action in the appropriate cit' o municipal court
@. $,R#IAI$A#ION OA +,),N-,. A.#GORI#I,+ !or iling a complaint in court% shall be
issued onl' upon compl'ing "ith the ollo"ing re*uirements(
a. Issued b' lupon secretar' and attested b' lupon chairman5 punon$ baran$a%,
that conrontation too= place and conciliation settlement "as reached, but
subse*uentl' repudiated.
b. Issued b' pan$&at secretar' and attested b' pan$&at chairman, that(
i. #here "as a conrontation but no settlement; OR
ii. #here "as no personal conrontation "ithout an' ault on the part o the
complainant.
c. Issued b' the Punon$ +aran$a%, as re*uested b' the proper part', on the ground
o ailure o settlement, "here the dispute involves members o the same
indigenous cultural communit', "hich shall be settled in accordance "ith the
customs and traditions o that particular cultural communit', or "here one or
more o the parties to the aoresaid dispute belong to the minorit' and the parties
mutuall' agreed to submit their dispute to the indigenous s'stem o amicable
settlement, and there has been no settlement as certiied b' the datu or tribal
leader or elder, to the Punon$ +aran$a% o the place o settlement
I mediation or conciliation proved unsuccessul beore punong baranga' there
having been no agreement to conciliate, OR respondent ailed to appear beore
punong baranga', Punon$ +aran$a% shall not issue the certiication !because
no" mandator' or him to constitute the Pan$&at beore "hom mediation,
conciliation, or arbitration proceedings shall be held.%
JURISDICTION OF THE SANDIGANBAYAN
A. ORIGINAL
1. /iolations o(
a. LAnti1Grat and $orrupt 3ractices ActM;
b. R.A. 109@ !LAn Act ;eclaring Aoreiture in Aavor o the +tate o An' 3ropert'
Aound to Gave ?een .nla"ull' Ac*uired ?' An' 3ublic Oicer or ,mplo'ee
and 3roviding or the 3roceedings #hereorM%; or
c. #itle /II, $hapter II, N & o the R3$ !i.e.! Articles &141&1& o R3$%
Dhere one or more o the principal accused are oicials occup'ing the
ollo"ing positions in the government, "hether in a permanent, acting or
interim capacit', at the time o the commission o the oense(
i. Oicials o e)ecutive branch occup'ing positions classiied as Grade &9
or higher
ii. 2embers o $ongress and oicials thereo classiied as Grade &9 or
higher
iii. 2embers o the :udiciar', "ithout prejudice to the provisions o the
$onstitution !on impeachment%
iv. $hairmen and members o the $onstitutional $ommissions, "ithout
prejudice to the provisions o the $onstitution
v. All other national and local oicials classiied as Grade &9 or higher; or
&. Other oenses or elonies, committed b' public oicials and emplo'ees
mentioned in O1, in relation to their oice, "hether simple or comple)ed "ith
other crimes
0. $ivil and criminal cases iled pursuant to and in connection "ith ,)ecutive Order
Nos. 1, &, 17 and 171A.
?. A33,LLA#,
I none o the principal accused are occup'ing positions o grade &9 or higher,
original jurisdiction "ill be "ith either the 2#$ or R#$; +? "ill e)ercise e)clusive
appellate jurisdiction on said cases.
#he procedure prescribed in ?3 ?lg. 1&@, as "ell as the implementing rules that
the +upreme $ourt has promulgated and ma' hereater promulgate, relative to
appeals5petitions or revie" to the $ourt o Appeals shall appl' to appeals and
petitions or revie" iled "ith the +andiganba'an.
$. NO#,+(
1. 3rivate individuals charged as co1principals, accomplices or accessories "ith the
public oicers or emplo'ees shall be tried jointl' "ith said public oicers and
emplo'ees in the proper courts
&. An' provisions o la" or Rules o $ourt to the contrar' not"ithstanding, the
criminal action and the corresponding civil action or the recover' o civil liabilit'
arising rom the oense charged shall at all times be simultaneousl' instituted
"ith, and jointl' determined in, the same proceeding b' the +andiganba'an or
the appropriate courts, the iling o the criminal action being deemed to
necessaril' carr' "ith it the iling o the civil action, and no right to reserve the
iling o such civil action separatel' rom the criminal action shall be recogniHed.
0. ;ecisions o the +andiganba'an(
a. Appealable to the +$ b' petition or revie" on certiorari raising pure
*uestions o la" in accordance "ith Rule 76 o the Rules o $ourt;
b. I +? imposes penalt' o reclusion perpetua or higher, the decision shall be
appealable to the +$ b' Notice o Appeal;
c. I penalt' imposed is death, revie" b' the +upreme $ourt shall be automatic,
"hether or not the accused iled an appeal.
REMEDIAL LA' DEFINITIONS(CONCEPTS
JURISDICTION AND VENUE DIFFERENTIATED
JURISDICTION VENUE
Authorit' to hear and determine a case $ourt5place "here the case is to be tried
and heard
A matter o substantive la" A matter o procedural la"
Ai)ed b' la" and cannot be conerred b'
the parties
2a' be conerred b' the act or agreement
o the parties
,stablishes a relation bet"een the court
and subject matter
,stablishes a relation bet"een plainti and
deendant, or petitioner and respondent
CLASSIFICATIONS OF JURISDICTION
1. -eneral vs. /peci0ic'*imited(
-eneral 1 po"er to adjudicate all controversies EXCEPT those e)pressl' "ithheld rom
the plenar' po"ers o the court
/peci0ic'*imited 1 restricted to particular cases and subject to such limitations as ma' be
provided b' the governing la"
&. Ori$inal vs. ,ppellate
Ori$inal P po"er o the court to ta=e judicial cogniHance o a case instituted or judicial
action or the irst time
,ppellate P authorit' o a court higher in ran= to ree)amine the inal order or judgment o
a lo"er court "hich tried the case no" elevated or judicial revie"
0. E2clusive vs. Concurrent
E2clusive P po"er to adjudicate a case or proceeding to the e)clusion o all other courts
at that stage
Concurrent P also =no"n as conluent or coordinate jurisdiction; po"er conerred upon
dierent courts, "hether o the same or dierent ran=s, to ta=e cogniHance
at the same state o the same case
NOTE
General Rule( :urisdiction, once ac*uired, continues until the case is inall' terminated.
E2ceptions
1. Dhen a subse*uent la" provides a prohibition or the continued e)ercise o
jurisdiction;
&. Dhere the la" penaliHing an act is punishable is repealed b' a subse*uent
la";
0. Dhen accused is deprived o his constitutional right such as "here the court
ails to provide counsel or the accused "ho is unable to obtain one and
does not intelligentl' "aive his constitutional right;
7. Dhere the statute e)pressl' provides, or is construed to the eect that it
intended to operate as to actions pending beore its enactment;
6. Dhen the proceedings in the court ac*uiring jurisdiction is terminated,
abandoned or declared void;
8. Once appeal has been perected.
CLASSIFICATION OF ACTIONS
1. )eal! personal and mi2ed
)eal P brought or the protection o real rights, land, tenements, or one ounded on
privit' o estate onl'
Personal P not ounded upon the privit' o real rights or real propert'
Mi2ed P brought or protection or recover' o real propert' and also or an a"ard or
damages sustained
&. 3n rem! in personam! and quasi in rem
3n rem P not directed against particular persons but against the thing itsel; object is to
bar indierentl' all "ho might be minded to ma=e objection against the right
sought to be enorced; hence, judgment is binding upon the "hole "orld !e.$.!
land registration; special proceedings%
3n personam P directed against particular persons on the basis o their personal liabilit'
to establish a claim against them; judgment is binding onl' upon the
parties impleaded and their successors in interest !e.$., action or breach
o contract%
4uasi in rem P directed against particular persons, but the purpose o "hich is to bar
and bind not onl' said persons but an' other person "ho claims an'
interest in the propert' or right subject o the suit !e.$. action or judicial
oreclosure o mortgage%
0. Transitor% vs. local
Transitor% P one the venue o "hich depends generall' upon the residence o the
parties, regardless o "here the cause o action arose !e.$., personal
actions%
*ocal P one re*uired b' the Rules to be instituted in a particular place in the absence o
an agreement to the contrar' !e.$.! real actions%
)INDS OF PARTIES
1. )eal part% in interest 5 person having an interest in the subject o the action and in
obtaining the relie demanded.
&. 3ndispensable part% 5 a person "ithout "hom no inal determination can be had o
an action.
0. Proper part% 5 a person "ho is not indispensable but should be included i complete
relie is to be accorded as bet"een those alread' parties.
7. Pro 0orma part% 5 a husband or "ie "ho is re*uired to be joined in suits b' or
against his spouse
6. 4uasi1parties 5 those in "hose behal a class or representative suit is brought;
parties not initiall'5 ormall' impleaded as original parties but later
bind themselves to compl' "ith the terms o a judgment or
compromise rendered therein.
PLEADINGS
Pleadin$ P "ritten allegation o the parties o their respective claims and deenses
submitted to the court or trial and judgment.
)INDS OF PLEADINGS
1. $O23LAIN# P concise statement o the ultimate acts constituting the plaintiIs cause
or causes o action.
&. AN+D,R P pleading "here an adverse part' sets orth negative and airmative
deenses upon "hich he relies.
a. Ne$ative (e0ense P speciic denial o a act alleged.
b. ,00irmative (e0ense P an allegation o ne" matter "hich, though admits the
material allegations o the complaint, nevertheless
prevents recover'.
0. $O.N#,R$LAI2 P an' claim or mone' or other relie "hich a part' ma' have against
an opposing part'.
a. Compulsor% Counterclaim P one arising out o or is necessaril' connected "ith
the subject matter o the claim !e.$.! recoupment%.
b. Permissive Counterclaim P does not arise or is not connected "ith the subject
matter o the claim !e.$.! set1o%.
7. $RO++ $LAI2 P claim b' one part' against a co1part' arising out o a transaction or
occurrence "hich is the subject matter o the action or counterclaim.
6. R,3LC P a pleading that denies or alleges acts in denial o ne" matters alleged b'
"a' o deense in the ans"er "ith the purpose o joining the issues as to
such ne" matters.
8. #GIR;13AR#C $O23LAIN# P a claim "hich a deending part' ma' ile against a
person not a part' to the action or contribution,
indemnit', subrogation or an' other relie.
OTHER DEFINITIONS
/peci0ic (enial 5 speciic allegation o the act the truth o "hich he does not admit and
setting orth the substance o the matter relied upon to support the
denial OR allegation o lac= o =no"ledge or inormation suicient to
orm a belie as the truth o the averment.
Ne$ative Pre$nant 5 a orm o denial "here onl' the *ualiication or modiication o the
act alleged is denied "hile the act itsel is admitted.
/ummons 5 an order directed to a deendant in the name o the court and under its seal
directing that the deendant ans"er the complaint upon ailure o "hich
judgment "ill be ta=en.
Motion P application or an order not included in the judgment.
/ubpoena P process directed to a person re*uiring him to attend and to testi' at a
hearing or the trial or to bring "ith him an' boo= or thing under his control.
(emurrer to Evidence P a motion to dismiss based on insuicienc' o evidence o the
prosecution.
Preliminar% ,ttachment P an order o the court granted at the commencement o the
action or at an' time beore entr' o judgment to seiHe the
propert' o the debtor in advance o inal judgment to hold it
or the purpose o satis'ing the judgment.
Preliminar% 3n"unction 5 an order granted at an' stage o an action prior to the judgment
or inal order re*uiring a person to rerain rom a particular act.
Preliminar% Mandator% 3n"unction 5 an order re*uiring the perormance o a particular
act.
Criminal Complaint 5 s"orn "ritten statement charging a person "ith an oense
subscribed b' an oended part', peace oicer, or other public
oicer.
3n0ormation 5 an accusation in "riting charging a person "ith an oense subscribed b'
the iscal and iled "ith court.
Preliminar% 3nvesti$ation P an in*uir' or proceeding or the purpose o determining
"hether there is suicient ground to engender a "ell1
ounded belie that a crime has been committed and that
the respondent is probabl' guilt' thereo.
,rrest 5 ta=ing a person into custod' in order that he ma' be bound to ans"er or the
commission o an oense.
+ail P the securit' or the release o a person in custod' o the la" urnished b' him or a
bondsman conditioned upon his appearing beore an' court as re*uired under the
condition hereinater speciied.
Propert% +ond 5 an underta=ing constituted as lien on the real propert' given as
securit' or the amount o bail.