1. RULE MAKING POWER OF THE SUPREME COURT 2.

DOCTRINE OF HIERARCHY OF COURTS

a. General Rule: A case must be filed with the
a. SEC. 5 (5), ART. VIII OF THE CONSTITUTION lowest court possible having the appropriate
PROVIDES THAT: jurisdiction.
The SC shall have the following power to: b. Exception: The Supreme Court may
1. Promulgate rules concerning the disregard hierarchy of courts if warranted by
protection and enforcement of the following reasons:
constitutional rights; 1. Where special and important reasons
2. Enforce rules regarding Pleading, practice, are present
and procedure in all courts; 2. When dictated by public welfare and
3. Promulgate rules concerning the policy
Admission to the practice of law; 3. When demanded by interest of justice
4. Implement rules respecting to the 4. Where the challenged orders are
Integrated Bar; patent nullities
5. Promulgate rules concerning the Legal 5. Where compelling circumstances
assistance to the underprivileged. warrant
6. Where genuine issues of
b. THE SUPREME COURT HAS THE SOLE constitutionality must be immediately
PREROGATIVE TO AMEND, REPEAL, OR EVEN addressed.
ESTABLISH NEW RULES FOR A MORE
SIMPLIFIED AND INEXPENSIVE PROCESS, AND 3. DOCTRINE OF NON-INTERFERENCE OR JUDICIAL
THE SPEEDY DISPOSITION OF CASES. STABILITY
a. holds that courts of equal and coordinate
c. LIMITATIONS ON THE RULE MAKING POWER jurisdiction cannot interfere with each
OF THE SUPREME COURT other’s orders.
➔ Provide a simplified and inexpensive b. It also bars a court from reviewing or
procedure for speedy disposition of interfering with the judgment of a co-equal
cases court over which it has no appellate jurisdiction
➔ Uniform for all courts of the same or power of review.
grade
➔ Not diminish, increase or modify
substantive rights
4. CONCURRENT JURISDICTION d. Jurisdiction is DETERMINED by the
c. Power of different courts to take cognizance ALLEGATIONS in the complaint
of the same subject matter. i. As well as by the character of the relief
d. The court taking first cognizance of the case sought
assumes jurisdiction to the exclusion of the ii. Allegations in the complaint determined
others. both the nature of the action and the
e. Coordinate jurisdiction jurisdiction of the court.
f. Subject to the hierarchy of courts
e. DOCTRINE OF ESTOPPEL BY LACHES
5. JURISDICTION (Tijam vs Sibonghanoy)
A. DEFINITION i. GENERAL RULE: - Lack of
a. the power of the court to hear, try, and jurisdiction over the subject matter
decide a case. may be raised at any stage of the
b. Includes the power to determine whether or proceedings, even for the first time
not it has the authority to hear and on appeal.
determine the controversy presented ii. EXCEPTION: - after invoking the
court’s authority in order to secure
B. JURISDICTION OVER THE SUBJECT MATTER affirmative relief against its opponent
a. Power of a particular court to hear the type of by a litigant whose purpose is to
case then before it. annul everything done in a trial in
b. Jurisdiction VS exercise of Jurisdiction which it has actively participated
i. Jurisdiction is the authority to decide after 15 years which is an
a case. It is the power of the court. unreasonable time.
ii. Exercise of Jurisdiction is the ● Based upon grounds of public
exercise of such power or authority. policy and is principally a
c. JURISDICTION OVER THE SUBJECT question of the inequity or
MATTER IS CONFERRED BY LAW unfairness of permitting a right or
i. The conferring law may be the claim to be enforced or asserted
constitution, the statute organizing the
tribunal, or the special or general statute
defining the jurisdiction of an existing
court or tribunal.
 C. JURISDICTION OF THE SUPREME COURT D. JURISDICTION OF COURT OF APPEALS
a. The supreme court is not a trier of facts. Only a. May sit en banc for the purpose of exercising
pure questions of law. administrative ceremonial or other non-adjudicatory
functions
JURISDICTION OF THE SUPREME COURT
JURISDICTION OF COURT OF APPEALS
EXCLUSIVE CONCURRENT CONCURRENT APPELLATE
ORIGINAL ORIGINAL ORIGINAL WITH JURISDICTIO EXCLUSIV CONCURRE CONCURR CONCURRENT APPELLA
WITH CA CA & RTC N E NT ENT ORIGINAL TE
ORIGINAL ORIGINAL ORIGINAL WITH JURISDIC
Court of Regional Trial Lower Court and Court of WITH SC WITH RTC SANDIGANBAY TION
Appeals Court bodies Appeals AN

Commission Civil Service In cases affecting Sandiganbay Actions for Regional lower Writ of Regional
on Election Commission ambassadors, an annulment Trial Courts courts and Amparo Trial
public ministers, of bodies Court
Commission National Labor Regional judgments
and consuls
on Audit Relations Trial Court of the RTC Civil Service Quo Writ of Habeas Municipal
Commission (RTC ONLY) Commission warranto Data Trial
petitions Courts
Sandiganba Central Board
yan of Assessment Court of Tax
Appeals Appeals En Central Writ of Civil
banc Board of Habeas Service
Court of Tax Other Assessment Corpus Commissi
Appeals Quasi-Judicial Appeals on
Agencies
National Writ of Other
Labor Amparo quasi-judi
Relations cial
Commission agencies

Other Writ of
Quasi-Judici Habeas
al Agencies Data
 E. JURISDICTION OF REGIONAL TRIAL COURTS

JURISDICTION OF REGIONAL TRIAL COURTS

EXCLUSIVE ORIGINAL CONCURRENT APPELLATE SPECIAL

ORIGINAL WITH JURISDICTION JURISDICTION
SC

All civil actions in which the subject of the litigation is incapable of In cases affecting cases decided by SC may designate
pecuniary estimation ambassadors, lower courts certain branches of
public ministers, RTC to try
All civil actions which involve title to, or possession of, real property or an exclusively
and consuls
interest therein, where the assessed value of such property involved criminal cases,
exceeds P400,00 juvenile and
domestic relations
All actions in admiralty and maritime jurisdiction where the demand or cases, agrarian
claims exceeds P2 million. cases, urban land
reform
All matters of probate, both testate and intestate, where the gross value of cases not falling
the estate exceeds P2 million within the jurisdiction
of any
In all actions involving the contract of marriage and marital relations
quasi-judicial body
and other special
All cases not within exclusive jurisdiction of any court, tribunal, person,
cases in
or body exercising judicial or quasi-judicial functions
the interest of justice
All civil actions and special proceedings falling within the exclusive original
jurisdiction of the Juvenile and Domestic Relations Court and of the Court of
Agrarian Relations as now provided by law.

All other cases in which the demand or the value of the property in
controversy exceeds P2 million exclusive of interest, damages of whatever
kind, Attorney’s fees, litigation expenses and cost.
F. JURISDICTION OF FIRST LEVEL COURTS
JURISDICTION OF THE 1ST LEVEL COURTS (MeTC, MTC, MTCC, MCTC)

EXCLUSIVE ORIGINAL SPECIAL JURISDICTION DELEGATED JURISDICTION

Where the value of personal property, over petition for writ of habeas corpus OR In cadastral and land registration cases
estate, or amount of demand does not application for bail in criminal cases in the covering lots where there is no
exceed P2 million. If it exceeds the RTC absence of all RTC judges in the province controversy or opposition, or contested
has the jurisdiction. or city. lots the value of which does not exceed
P100, 000.

Forcible entry and unlawful detainer

All civil actions involving title to, or

possession of, real property, or any
interest therein where assessed value of
property or interest therein does not
exceed P20,000 outside Metro Manila, or
does not exceed P50,000 in Metro Manila

Probate proceedings, testate and

intestate, where the gross value of the
estate does not exceed P2 million.

Grant provisional remedies in proper

cases

Summary procedure cases and small

claims cases
 provided one of the causes of action falls within the
RULES OF COURT jurisdiction of said court and the venue lies therein; and

RULE 2 CAUSE OF ACTION (d) Where the claims in all the causes of action are
principally for recovery of money, the aggregate amount
Section 4. Splitting a single cause of action; effect of - If claimed shall be the test of jurisdiction. (5a)
two or more suits are instituted on the basis of the same
cause of action, the filing of one or a judgment upon the ● Assertion as of many causes of action as a party may
merits in anyone is available as a ground for the dismissal have against another in one pleading alone.
of the others. (4a) ● Uniting two or more demands or rights of action in one
action.
● Splitting a single cause of action violates the policy ● If there is only one plaintiff and one defendant, the rule
against multiplicity of suits, whose primary objective is of joinder of parties does not apply. Because there are
to avoid unduly burdening the dockets of the court. no parties to be joined.
● Filing of one is available as a ground for the dismissal
of the other Section 6. Misjoinder of causes of action. - Misjoinder of
causes of action is not a ground for dismissal of an
Section 5. Joinder of causes of action. - A party may in one action. A misjoined cause of action may, on motion of a
pleading assert, in the alternative or otherwise, as many party or on the initiative of the court, be severed and
causes of action as he may have against an opposing proceeded with separately. (n)
party, subject to the following conditions:
● REMEDY:
(a) The party joining the causes of action shall comply ○ The erroneously joined cause of action can be
with the rules on joinder of parties; (rule 3, section 6) severed and proceeded with separately upon
motion by a party or upon the court’s own
(b) The joinder shall not include special civil actions or initiative.
actions governed by special rules; ● Not a ground for dismissal yet if the plaintiff refuses to
sever the misjoined cause of action as ordered by the
(c) Where the causes of action are between the same court.
parties but pertain to different venues or jurisdictions, the
joinder may be allowed in the Regional Trial Court
RULE 3 PARTIES TO CIVIL ACTIONS Section 7. Compulsory joinder of indispensable parties. -
Parties in interest without whom no final determination
Section 6. Permissive joinder of parties. - All persons in whom can be had of an action shall be joined either as plaintiffs
or against whom any right to relief in respect to or arising out or defendants. (7)
of the same transaction or series of transactions is alleged to
exist, whether jointly, severally, or in the alternative, may, ● The absence of an indispensable party renders all
except as otherwise provided in these Rules, join as plaintiffs subsequent actions of the court null and void.
or be joined as defendants in one complaint, where any ● Without the presence of an indispensable party the
question of law or fact common to all such plaintiffs or to all court cannot attain real finality
such defendants may arise in the action; but the court may
make such orders as may be just to prevent any plaintiff or Section 8. Necessary party. - A necessary party is one who
defendant from being embarrassed or put to expense in is not indispensable but who ought to be joined as a party
connection with any proceedings in which he may have no if complete relief is to be accorded as to those already
interest. (6) parties, or for a complete determination or settlement of
the claim subject of the action. (8a)
● REQUISITES OF JOINDER OF PARTIES
○ any right to relief in respect to or arising out of ● Non inclusion of a necessary party doesn't prevent the
the same transaction or series of transactions is court from proceeding in the action.
alleged to exist whether jointly, severally, or in
the alternative DISTINCTION OF INDISPENSABLE and
○ question of law or fact common to all such NECESSARY
plaintiffs or to all such defendants may arise in IP - must be joined under all conditions
the action NP - party should be joined whenever possible
○ to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection Section 9. Non-joinder of necessary parties to be pleaded.
with any proceedings in which he may have no - Whenever in any pleading in which a claim is asserted a
interest necessary party is not joined, the pleader shall set forth
his name, if known, and shall state why he is omitted.
Should the court find the reason for the omission
unmeritorious, it may order the inclusion of the omitted
necessary party if jurisdiction over his person may be
obtained.
 protect the interests of all concerned may sue or defend
The failure to comply with the order for his inclusion, for the benefit of all. Any party in interest shall have the
without justifiable cause, shall be deemed a waiver of the right to intervene to protect his individual interest. (12a)
claim against such party.
● Requisites
The non-inclusion of a necessary party does not prevent ○ Subject matter of the controversy is one of
the court from proceeding in the action, and the judgment common or general interest to many
rendered therein shall be without prejudice to the rights of persons;
such necessary party. (8a, 9a) ○ The persons are so numerous that it is
impracticable to join them all as parties;
Section 11. Misjoinder and nonjoinder of parties. - Neither ○ The court finds a number of them sufficiently
misjoinder nor non-joinder of parties is ground for numerous and representative of the class as to
dismissal of an action. Parties may be dropped or added fully protect the interests of all concerned; and
by order of the court on motion of any party or on its own ○ The representative sues or defends for the
initiative at any stage of the action and on such terms as benefit of all.
are just. Any claim against a misjoined party may be ● Does not require a commonality of interest in the
severed and proceeded with separately. (11a) questions involved in the suit.

● A party is misjoined when he is made a party to the Section 16. Death of party; duty of counsel. - Whenever a
action although he should not be impleaded. A party is party to a pending action dies, and the claim is not
not joined when he is supposed to be joined but is not thereby extinguished, it shall be the duty of his counsel to
impleaded in the action. inform the court within thirty (30) days after such death of
● Not a ground for dismissal of an action the fact thereof, and to give the name and address of his
● It is only upon the plaintiff’s refusal to comply with the legal representative or representatives. Failure of counsel
order to join indispensable parties that the case may be to comply with this duty shall be a ground for disciplinary
dismissed. action.

Section 12. Class suit. - When the subject matter of the The heirs of the deceased may be allowed to be
controversy is one of common or general interest to many substituted for the deceased, without requiring the
persons so numerous that it is impracticable to join all as appointment of an executor or administrator and the court
parties, a number of them which the court finds to be may appoint a guardian ad litem for the minor heirs.
sufficiently numerous and representative as to fully
The court shall forthwith order said legal representative or RULE 4 VENUE OF ACTIONS
representatives to appear and be substituted within a
period of thirty (30) days from notice. Section 1. Venue of real actions. - Actions affecting title to or
possession of real property, or interest therein, shall be
If no legal representative is named by the counsel for the commenced and tried in the proper court which has jurisdiction
deceased party, or if the one so named shall fail to appear over the area wherein the real property involved, or a
within the specified period, the court may order the portion thereof, is situated.
opposing party, within a specified time, to procure the
appointment of an executor or administrator for the estate Forcible entry and detainer actions shall be commenced
of the deceased and the latter shall immediately appear and tried in the municipal trial court of the municipality or
for and on behalf of the deceased. The court charges in city wherein the real property involved, or a portion thereof,
procuring such appointment, if defrayed by the opposing party, is situated. (1[a], 2[a]a)
may be recovered as costs. (16a, 17a)
Section 2. Venue of personal actions. - All other actions may
Section 17. Death or separation of a party who is a public be commenced and tried where the plaintiff or any of the
officer. - When a public officer is a party in an action in his principal plaintiffs resides, or where the defendant or any
official capacity and during its pendency dies, resigns, or of the principal defendants resides, or in the case of a
otherwise ceases to hold office, the action may be nonresident defendant where he may be found, at the election
continued and maintained by or against his successor if, of the plaintiff. (2[b]a)
within thirty (30) days after the successor takes office or
such time as may be granted by the court, it is satisfactorily Section 3. Venue of actions against nonresidents. - If any of
shown to the court by any party that there is a substantial need the defendants does not reside and is not found in the
for continuing or maintaining it and that the successor adopts Philippines, and the action affects the personal status of the
or continues or threatens to adopt or continue the action of his plaintiff, or any property of said defendant located in the
predecessor. Before a substitution is made, the party or officer Philippines, the action may be commenced and tried in the
to be affected, unless expressly assenting thereto, shall be court of the place where the plaintiff resides, or where the
given reasonable notice of the application therefor and property or any portion thereof is situated or found. (2[c]a)
accorded an opportunity to be heard. (18a)
Section 4. When Rule not applicable. - This Rule shall not
apply ­
(a) In those cases where a specific rule or law provides RULE 7 PARTS AND CONTENTS OF A PLEADING
otherwise; or
Section 1. Caption. - The caption sets forth the name of the
(b) Where the parties have validly agreed in writing before court, the title of the action, and the docket number if
the filing of the action on the exclusive venue thereof. (3a, assigned.
5a)
The title of the action indicates the names of the parties. They
shall all be named in the original complaint or petition; but in
RULE 6 KINDS OF PLEADINGS subsequent pleadings, it shall be sufficient if the name of the
first party on each side be stated with an appropriate indication
Section 10. Reply. - All new matters alleged in the answer are when there are other parties.
deemed controverted. If the plaintiff wishes to interpose any
claims arising out of the new matters so alleged, such claims Their respective participation in the case shall be indicated. (1)
shall be set forth in an amended or supplemental complaint.
However, the plaintiff may file a reply only if the defending Section 2. The body. - The body of the pleading sets forth its
party attaches an actionable document to his or her designation, the allegations of the party's claims or defenses,
answer. the relief prayed for, and the date of the pleading.

A reply is a pleading, the office or function of which is to (a) Paragraphs. - The allegations in the body of a pleading
deny, or allege facts in denial or avoidance of new matters shall be divided into paragraphs so numbered as to be readily
alleged in, or relating to, said actionable document. identified, each of which shall contain a statement of a single
set of circumstances so far as that can be done with
In the event of an actionable document attached to the reply, convenience. A paragraph may be referred to by its number in
the defendant may file a rejoinder if the same is based all succeeding pleadings.
solely on an actionable document. (10a)
(b) Headings. - When two or more causes of action are joined,
● The filing of reply is necessary only when the the statement of the first shall be prefaced by the words first
defending party attaches an actionable document to his cause of action, of the second by second cause of action, and
or her answer. In cases where an actionable document so on for the others.
is attached to the reply, the defendant may file a
rejoinder if the same is based solely on the actionable When one or more paragraphs in the answer are addressed to
document. one of several causes of action in the complaint, they shall be
prefaced by the words answer to the first cause of action or after availment of the modes of discovery under these [R]ules:
answer to the second cause of action and so on; and when and
one or more paragraphs of the answer are addressed to
several causes of action, they shall be prefaced by words to (4) The denials of factual contentions are warranted on the
that effect. evidence or, if specifically so identified, are reasonably based
on belief or a lack of information.
(c) Relief - The pleading shall specify the relief sought, but it
may add a general prayer for such further or other relief as (c) If the court determines, on motion or motu proprio and after
may be deemed just or equitable. notice and hearing, that this [R]ule has been violated, it may
impose an appropriate sanction or refer such violation to the
(d) Date. - Every pleading shall be dated. (4) proper office for disciplinary action, on any attorney, law firm,
or party that violated the rule, or is responsible for the
Section 3. Signature and address. - (a) Every pleading [and violation. Absent exceptional circumstances, a law firm shall
other written submissions to the court] must be signed by the be held jointly and severally liable for a violation committed by
party or counsel representing him or her. its partner, associate, or employee. The sanction may include,
but shall not be limited to, non-monetary directive or sanction;
(b) The signature of counsel constitutes a certificate by him or an order to pay a penalty in court; or, if imposed on motion and
her that he or she has read the pleading and document; that to warranted for effective deterrence, an order directing payment
the best of his or her knowledge, information, and belief, to the movant of part or all of the reasonable attorney's fees
formed after an inquiry reasonable under the circumstances: and other expenses directly resulting from the violation,
including attorney's fees for the filing of the motion for
(1) It is not being presented for any improper purpose, such as sanction. The lawyer or law firm cannot pass on the monetary
to harass, cause unnecessary delay, or needlessly increase penalty to the client. (3a)
the cost of litigation:
● What is the effect of a complaint filed without the
(2) The claims, defenses, and other legal contentions are signature of the counsel?
warranted by existing law or jurisprudence, or by a ○ Under the rules of court, If the court determines,
non-frivolous argument for extending, modifying, or reversing on motion or motu proprio and after notice and
existing jurisprudence: hearing, that this Rule has been violated, it may
impose an appropriate sanction or refer such
(3) The factual contentions have evidentiary support or, if violation to the proper office for disciplinary
specifically so identified, will likely have evidentiary support action, on any attorney, law firm, or party that
 violated the rule, or is responsible for the information and belief, or lacks a proper verification, shall be
violation. treated as an unsigned pleading. (4a)
● SIGNIFICANCE OF THE SIGNATURE OF COUNSEL
○ ● What is the effect of a defect verification
○ Shall be treated as unsigned pleading
Section 4. Verification. - Except when otherwise specifically ○ The court may order submission or correction
required by law or rule, pleadings need not be under oath or on the pleading.
verified.
Section 5. Certification against forum shopping. - The
A pleading is verified by an affidavit of an affiant duly plaintiff or principal party shall certify under oath in the
authorized to sign said verification. The authorization of the complaint or other initiatory pleading asserting a claim for
affiant to act on behalf of a party, whether in the form of a relief, or in a sworn certification annexed thereto and
secretary s certificate or a special power of attorney, should be simultaneously filed therewith: (a) that he [or she] has not
attached to the pleading, and shall allege the following theretofore commenced any action or filed any claim involving
attestations: the same issues in any court, tribunal or quasi-judicial agency
and, to the best of his [or her] knowledge, no such other action
(a) The allegations in the pleading are true and correct based or claim is pending therein; (b) if there is such other pending
on his or her personal knowledge, or based on authentic action or claim, a complete statement of the present status
documents; thereof; and (c) if he [or she] should thereafter learn that the
same or similar action or claim has been filed or is pending, he
(b) The pleading is not filed to harass, cause unnecessary [or she] shall report that fact within five (5) calendar days
delay, or needlessly increase the cost of litigation; and therefrom to the court wherein his [or her] aforesaid complaint
or initiatory pleading has been filed.
(c) The factual allegations therein have evidentiary support or,
if specifically so identified, will likewise have evidentiary The authorization of the affiant to act on behalf of a party,
support after a reasonable opportunity for discovery. whether in the form of a secretary s certificate or a special
power of attorney, should be attached to the pleading.
The signature of the affiant shall further serve as a certification
of the truthfulness of the allegations in the pleading. Failure to comply with the foregoing requirements shall not be
curable by mere amendment of the complaint or other initiatory
A pleading required to be verified that contains a verification pleading but shall be cause for the dismissal of the case
based on information and belief, or upon knowledge, without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or meritorious reasons as basis for the admission of additional
non-compliance with any of the undertakings therein shall witnesses, no other witness or affidavit shall be heard or
constitute indirect contempt of court, without prejudice to the admitted by the court; and
corresponding administrative and criminal actions. If the acts
of the party or his [or her] counsel clearly constitute willful and (c) Documentary and object evidence in support of the
deliberate forum shopping, the same shall be ground for allegations contained in the pleading. (n)
summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions. (5a) ● Effects of failure to include summary of witness
○ Summary witnesses’ intended testimonies,
● Effect of failure to comply to certificate of forum reference must be made with Judicial Affidavit
shopping Rule. The court may allow only once the late
○ A violation of the rule requiring the certification submission of judicial affidavit provided, the
against forum shopping does not authorize the delay is for a valid reason, would not unduly
court to dismiss on its own motion or initiative. prejudice the opposing party, and the defaulting
The rule requires that the dismissal be upon party pays a fine of not less than 1000 nor more
motion and after hearing. The general rule is than 5000 at the discretion of court
that non-compliance or a defect in the ○ General Rule: Only witnesses whose judicial
certification is not curable by its subsequent affidavits are attached to the pleading shall
submission or correction. be presented by the parties during trial.
Exception: if a party presents meritorious
Section 6. Contents. - Every pleading stating a party's claims reasons as a basis for the admission of
or defenses shall. in addition to those mandated by Section 2, additional witnesses.
Rule 7, state the following:

(a) Names of witnesses who will be presented to prove a

party's claim or defense:

(b) Summary of the witnesses intended testimonies, provided

that the judicial affidavits of said witnesses shall be attached to
the pleading and form an integral part thereof. Only witnesses
whose judicial affidavits are attached to the pleading shall be
presented by the parties during trial. Except if a party presents