Notes on Civil Procedure Rule 37 – New Trial or Reconsideration – but not all, only newly
discovered evidence – but other evidence will remain
Introduction
Before there is a court of Civil Procedure
Jurisdiction – power and authority of the court to hear, try and - Provisions of the Civil Code & Rules of Court are only one
decide a case, as well as to enforce or execute its judgments or final book – Was separated later
orders.
Justice of the Peace Court
Jurisdiction over the parties – legal power of the court to render RTC – Court of First Instance
personal judgment against a party to an action or proceeding.
No municipal court yet before – proceedings are not enrolled
Jurisdiction over the subject matter – power to hear and determine
cases of the general class to which the proceedings in question Before: It you don’t agree with the decision of Justice of Peace court
belong and is conferred by the sovereign authority which organizes – appeal to the Court of First Instance
the court and defines its powers.
Where will they base their facts trial?
Jurisdiction over the issues – power of the court to try and decide - There will be a trial de novo
the issues raised in the pleadings of the parties. - Everything will be re-taken
- Evidence will be presented
Jurisdiction over the res – court’s jurisdiction over the thing or the
property under litigation. Constitutional Courts
Ex: Supreme Court
Classification of Courts: - It is created & jurisdiction is stated in the Constitution
1. Courts of General Jurisdiction – can decide own Ex: Sandiganbayan
jurisdiction; can take cognizance on all kinds of cases - Constitutionally-mandated court
Ex: RTC - Its jurisdiction is given by a statute – provided by Congress
2. Courts of Special or Limited Jurisdiction – will only hear
cases of special jurisdiction Jurisdiction distinguished from Venue
Ex: MTC, MCTC, MTCC, MeTC
Jurisdiction Venue
Ex: If only a certain amount of money 1. Authority to hear & decide a 1. Place where the case is to be
Maximum in MTC – P300,000 (others) case (in civil cases & ordinary heard or tried
P400,000 (Metro Manila) civil action)
2. Matter of substantive law 2. Matter of procedural law
Also in real actions – jurisdiction is limited 3. Establishes a relation 3. Relation between plaintiff &
between the court & the defendant, or petitioner &
Court of Special Actions subject-matter respondent
Ex: Special proceedings such as guardianship, 4. Fixed by law & cannot be 4. May be conferred by the act
intestate/testate proceedings conferred by the parties or agreement of the parties
Special proceedings Only the SC can change venue
- Court will not immediately take cognizance of the - Apply for a petition
case – Petitioner will prove that court has jurisdiction Case: Maguindanao Massacre
- In ordinary civil action - will immediately take
jurisdiction upon filing of the complaint & payment of Errors of Jurisdiction – judgment is void
docket fee
Errors of Judgment – remedy may be appeal
Courts of Appellate Jurisdiction
- Ex: CA, RTC (as long as brought from MTC) Jurisdiction over the plaintiff or petitioner (not the same):
- Not limited to CA – can also be in RTC
- SC is a reviewing court – not appellate court Over the plaintiff – How jurisdiction is acquired by the court
- In SC: only questions of law – not a trier of facts - Filing of the complaint & payment of docket & legal fees
- Petition for review on certiorari (Rule 45) - If fees were not paid, your case will not move
- Original petition for certiorari (Rule 65) - Every 6 months – courts conduct inventory of cases
- If your case will not move – case will be dismissed
Courts of record - Sec. 3, Rule 17 – Failure to prosecute
- Proceedings are enrolled – there is a record of proceedings
Court acquires jurisdiction over respondent
Small claims court - Service (Issuance) of order of the court
- Are proceedings recorded? NO
Jurisdiction over defendant
Court of record equate to trial de novo - Service of summons
- You have to re-take evidence & proceedings (all of it) - Voluntary appearance – must submit to the jurisdiction of
the court
Jurisdiction over the res – property or thing which is subject of the Sec. 6.
litigation
- Actual seizure Construction
- Constructive seizure E: If it refers of reglementary period
- Thing must be placed custodial egis (custody of the law)
RULE 2.
Jurisdiction of the courts (p.54)
Sec. 2
Hierarchy of Courts – cannot just go directly to the SC or CA – they
will not take cognizance of your case Cause of action – act or omission by which a party violates a right of
- Go first to RTC another
- Only directly to SC – if transcendental in nature
- Novel & not decided before Rule 3, Sec. 2
CA – can it also act as a trial court? Yes, under Rule 47 Real party in interest – the party who stands to be benefited or
Annulment of judgment of RTC injured by the judgment in the suit
- Also annulment of judgments or final orders of MTC - Or the party entitled to the avails of the suit
- Rule 47, Sec. 10 – go to RTC, not CA
Prosecuted or defended – in the NAME of the real party in interest
Unlawful detainer & forcible entry – file in MTC, not RTC
Rule 6, Sec. 1
MTC – can decide on habeas corpus – in the absence of ALL RTC
judges Pleadings – written statements of the respective claims & defenses
of the parties submitted to the court for appropriate judgment
RULE 1 Ques: What is the basis of an ordinary civil action?
- Cause of action (Rule 2, Sec. 1)
Sec. 1.
Ques: What is a cause of action?
Rules of Court – made by the SC - Act or omission by which a party violates a right of another
(Rule 2, Sec. 2)
Sec. 2.
Ques: Does the Rules of Court allow filing of several suits for a single
G.R.: All courts cause of action?
E: As otherwise provided by SC - No (Sec. 3)
RoC not applicable to agrarian cases Several causes of action – several suits can also be files
- E: When issue involves just compensation - Several causes of action can be joined
Sec. 3. Problem: Pedro has a claim against Mar supported by a promissory
note in the amount of P500,000. Later, after 1 month, they again
Civil action entered into a note. Pedro lent the amount of P800,000. Later after
Special civil action – Rule 62-71 6 months, Pedro again lent Mar the amount of P50,000. Mar was
- Does not follow rules on ordinary civil actions not able to pay all of the amounts In what court will you file the
Ordinary civil action – Rule 1-39 case?
- RTC – using the principle of totality rule – aggregate amount
Sec. 5. is the basis of jurisdiction – P1,350,000 in total
Commence filing of the original complaint in court Ques: Is there joinder of causes of action?
- 2nd sentence – Remember a new cause of action or - Yes. Sec 5(d) – All money claims – all personal action
defendant
- File amendment Misjoinder of action – is this a ground for dismissal of the case? NO
- Should incorporate Rule 10 - Could be severed or proceeded with separately
- Amended complaint - Motion of a party
- Later pleading – not in original pleading - Initiative of the court or motu proprio
- Commenced with regard to him on the date of filing of such
later pleading (written motion) Ques: Who may be parties? Rule 3, Sec. 1
- Plaintiff & defendant – include Sec. 15, Rule 3
Rule 15 – Motions - Natural or juridical persons or entities authorized by law
- Irrespective of motion for its admission is denied by court
- Motion may be filed after answer Ques: Who is a plaintiff?
- May not always be approved - Claiming party, counter-claimant, cross-claimant or 3rd (4th,
- Even if denied by court – civil action has already commenced etc.) party plaintiff
– for amendment
Files a counterclaim – defendant becomes plaintiff
Ques: Who is a defendant?
- Original defending party
- Defendant in a counterclaim
- Cross defendant
- 3rd (4th, etc.) party defendant
