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I. Introductory Concepts (Rule 1.3) - II. Jurisdiction - Coggle Diagram

- - - - IC. Adversarial System Overview
        
        Civil Law vis-a-vis common law
        
        Jurisdiction - Refers to the judicial power given to a particular court. The power to entertain, hear and determine certain controversies as well as execute decisions rendered.
        
        Courts - Two broad classifications.
        
        Constitutional Courts - Those created by the Constitution (SC and SB) and cannot be legislated out of existence.
        
        Statutory Courts - All other courts. Can either be superior (appellate) or Inferior (Subject to review and supervision by superior courts.
        
        Procedure - Involves a two-step process.
        
        Mediation - The act of a third person who interfers between two contending parties to adjust or settle a dispute. e.g. voluntary arbitration
        
        Litigation - A contest in a court of justice, involving a judicial controversy for the purpose of enforcing a right.
        
        PRE-TRIAL RULES - Considered as mediation part of litigation, in order to encourage the parties to settle.
        
        SOURCE - Conferred by law, BP 129 for lower courts and the constitution for the SC. This is vested in the court, not the judge.
      - Scope - Open-ended, as suggested by the term "includes". Can be summarized as the power to declare w/n a law is constitutional.
        
        Constitutionality v. Validity - Validity refers to w/n an act violates a law. Constitutionality questions w/n something violates the constitution.
        
        Statutory Base (NCC 7) - When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.
        
        Judaical Legislation (NCC 8-9) - Judicial decisions applying or interpreting laws/constitution shall form part of the legal system of the Philippines. No courts shall decline to render judgment by the reason of silence, obscurity or inefficiency of laws.
        
        ROLE OF CONGRESS - Congress can delegate legislative power but NOT Judicial power. Instead, they can CREATE judicial power by the creation of courts or, the creation of quasi-judicial agencies.
        
        Quasi-Judicial Agencies - creation by congress, under the executive that has quasi-judicial power as an incident to their duty to execute laws.
        
        EFFECT OF LAWS - The judiciary does not make laws. Instead, interpretation of the laws form part of the legal system. Necessarily, if there is no law the case is dismissed BUT if possible, decide according to existing laws.
        
        Constitutional Protections
        
        Constitutional Status (CONST VIII Sec. 2 & Rule 56B3) - General Rule - Congress has power to define, prescribe and apportion the jurisdiction of courts.
        XCPN - It may not deprive the SC of jurisdiction over cases enumerated in Sec. 5 e.g. certiorari, mandamus, etc.)
        
        Mode of Appeal (Rule 56) - Appeal to the SC may be taken only via a petition for review on certiorari UNLESS where the penalty is death/ reclusion perpetua/life imprisonment.
        
        Security of Tenure - Unconstitutional to pass a law that undermines the security of tenure of the members of the judiciary.
        
        Statutory Increase of Appellate Jurisdiction (CONST. Art. VI S. 30) - Laws that increase the appellate jurisdiction of the SC without its advice and concurrence are unconstitutional.
        
        VAA Comments - Superfluous, as judicial review exists regardless of this.
    - - REMEDIAL - Refers to the means and methods whereby causes of action may be effectuated, wrongs redressed and relief obtained. The methods of enforcing the rights and obligations established by Substantive Law.
        
        SOURCE - Does NOT originate from the legislature. However, promulgated by authority of law such that they have the force and effect of law if not in conflict with positive law.
        
        Application - Not penal laws, therefore no retroactive effect. Applies to actions pending and undetermined at the time ofthe passage of said rules. they cannot be considered as violative of any personal rights because no vested right may attach to nor rise therefrom. *
      - EFFECT OF VIOLATION (Rule 2.2) - Creates a cause of action i.e. an act or omission by which a party violates the rights of another.
  - - - Special Proceeding - A remedy by which a party seeks to establish a status, a right, or a particular fact.`
        
        Special Proceedings v. Civil Actions - If it is not in the rules CivPro or CrimPro, then it is SpecPro.
        
        "Creation" of Rights - No substantive rights are created by the creation of new rules and procedures. Instead, "establishing" rights refers to procedural rights that "enforce" substantive ones.
- - - - A1. General Concepts
        
        A1a. Kinds - Can be subdivided into coverage, capacity to take cognizance of case, and concurrence with other courts.
        
        A1b. Definition/Distinguished from exercise -
        
        A1c. Distinguished from venue
        
        A1d. Waiver of jurisdiction (Rule 9.1)
        GR: There can be no waiver of jurisdiction. Consequently, any judgment without jurisdiction is void and such issue may be raised for the first time on appeal. Finally, there can be no agreement as to jurisdiction and the same is fixed by law.
        
        A1f. Compromise on Jurisdiction (NCC 2035 par. 5) - No compromise on jurisdiction shall be valid.
        
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        A1e. Jurisdiction by Estoppel - XCPN to the general rule in 9.1. Here, attacks on jurisdiction are barred.
        
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        Jurisdiction
        
        Nature - The authority to hear and determine a case based on its nature.
        
        Kind - determined by substantive law
        
        Purpose - To establish a relation between the court and the subject-matter
        
        Source - Fixed by law, cannot be conferred by the parties.
        
        Estoppel (Manila Railroad v. Atty General) - Estoppel may bar a party from assailing the venue of a case BUT the same does not apply for jurisdiction. Jurisdiction may be raised at any point in the proceedings subject to specific exceptions.
        
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        Venue
        
        Nature - Where the case is to be tried i.e. the physical location of the court involved.
        
        Kind - a matter of procedural law (in civil cases)
        
        Purpose - To establish the relation between the parties involved.
        
        Source - May be conferred by an act or, agreement of the parties.
        
        Jurisdiction - The power or authority of the court to decide a cause, NOT the decision.
        
        Exercise - Where there is jurisdiction over the person and subject matter, the decision on all other questions arising in the case is an exercise of jurisdiction.
        
        APPEALS - Appeals are made as to errors in the exercise of jurisdiction under the law i.e. errors of judgment. Certiorari 65 is for assailing lack of jurisdiction.
        
        As to Coverage
        
        General Jurisdiction - Courts that are competent to decide their own jurisdiction and to take cognizance of all kinds of cases, unless otherwise provided by the law or rules.
        
        Special/Limited - No power to decide their own jurisdiction, and can only trycases permitted by the statute that created them i.e. MTC
        
        As to Cognizance of Cases
        
        Original - Courts where actions or proceedings may be originally commenced. These take cognizance of a specific class of action first.
        
        Apellate - Courts that have the power to review, on appeal the decisions or order of lower courts.
        
        As to Concurrence with other Courts
        
        Exclusive - Power to adjudicate a case to the exclusion of all other courts.
        
        Concurrent/Confluent - Power to take cognizance at the same stage of the same case, regardless of judicial territories. (Note that BP 129 eliminated concurrent jurisdiction of trial courts)
      - TERRITORIAL JURISDICTION - The geographical reach of a jurisdiction. In civil cases, determines the venue of real or mixed actions as well as the determination of the power to issue writs.
        
        NATIONAL JURISDICTION - The SC and the CA have national jurisdiction.
    - - 2a. Supreme Court (CONST. Art. VIII, Sec. 1,2,5 * Art. IX-A, Sec. 7
        
        2b. Court of Appeals (BP 129 Sec. 9)
        
        2c. Regional Trial Courts *BP 129 Sec. 19)
        
        Original Jurisdiction
        
        Exclusive
        
        Pecuniary Estimation - Actions where the subject matter is incapable of pecuniary estimation.
        
        Real Property or Title - Actions involving title to or possession of real property or an interest therein (assessed value exceeds P400,000
        
        XPCN - Accion Publiciana)
        
        Admiralty / Maritime - Actions in admiralty and maritime jurisdiction IF demand/claim where the demand or claims exceeds P2M
        
        Probate/Testate - Gross value of the estate exceeds P2M
        
        General Jurisdiction - If not within exclusive jurisdiction of any other court, tribunal or body/person exercising judicial functions.
        
        Court of Agrarian Relations - Actions and special proceedings within the exclusive original jurisdiction of the CAR
        
        Damages/Appraised Value - Other cases where demand/exclusive interest/damages/attorney's fees, litigation expenses and cost, or the value of the property exceeds P2M
        
        Concurrent
        
        1. SC - Actions affecting ambassadors, other public ministers and consuls.
        
        2. SC & CA - Actions for CPIM & Petitions for habeas corpus and quo warranto.
        
        Apellate - All cases decided by lower courts in their respective territorial jurisdictions.
        
        2d. Special Rules
        
        2e. First-Level Courts (Metropolitan, Municipal, Municipal Circuit)
        
        2f. Special Courts/Quasi-Judicial Agencies
        
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        ORIGINAL
        
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        Meaning of terms (Rule 5, Sec. 2) – The term “Municipal Trial Courts” as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts. (1a)
        
        SPECIFIC PERFORMANCE (Manufacturer's v. Yu Siu Long) - An action for specific performance that includes payment of some amount of money is still incapable of pecuniary estimation if the fees are incidental to the principal remedy sought i.e. specific performance.
        
        VALUE OF DEMAND (Cruz v. Tan) - Jurisdiction is determined by the value of the demand NOT the value of the transaction from which the demand originated from.
        
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        RESCISSION (Lapitan v. Scandia) - In general, an action for rescission is a counterpart of specific performance. Thus, incapable of pecuniary estimation.
        
        Original Jurisdiction (BP 129 Sec. 9) - May also issue writs of mandamus, prohibition, certiorari, habeas corpus, quo warranta and auxilliary writs or processes.
        
        Exclusive Original -
        1. Rule 47 (BP 129 Sec. 9b) - Actions for annulment of judgment of RTC
        
        Concurrent
        
        SC only - Petitions for certiorari, prohibition or mandamus against the RTC, Civil Service Commission, Central Board of Assessment Appeals, NLRC and other quasi-judicial agencies.
        
        CA & RTC - Petitions for certiorari, prohibition, or mandamus against first-level courts and other bodies AND Petitions for habeas corpus and quo warranto
        
        Apellate Jurisdiction (BP 129 Sec. 9)
        
        Ordinary Appeals -
        
        From RTC, except in cases exclusively appealable to the SC
        
        Family Courts
        
        Appeal via Petition for Review from (BP 129 Sec. 9) - Generally, any other quasi-judicial agency, instrumentality, board or commission that exercises quasi-judicial functions are appealable to the CA.
        
        Securities and Exchange Commission
        
        Social Security Commission
        
        Employees Compensation Commission
        
        Civil Service Commission
        
        Agricultural Inventions Board
        
        Board of Investment
        
        Bureau of Patents, Trademarks and Transfer
        
        Central board of Assesment Appeals
        
        Civil Aeronautics Board
        
        Construction Industry Arbitration Board
        
        Dept. of Agrarian Reform (Under RA 6657)
        
        Energy Regulatory Board
        
        GSIS
        
        Insurance Commission
        
        Land Registration Authority
        
        National Electrification Administration
        
        Office of the President
        
        Ombudsman
        
        Philippine Atomic Energy Commission
        
        Voluntary Arbitrators, as authorized by law
        
        Annulment of Judgment of QJAs - CA has no jurisdiction to annul decisions of Quasi-Judicial agencies. Instead, the proper remedy is APPEAL via BP 129, Sec. 9(3)
        
        FROM RTC - Petitions for review from the RTCs, in cases appealed thereto.
        
        Assailing Void Judgments - Can either by via Rule 47 or 65.
        
        Rule 47 - An action for annulment of judgment to annul a void judgment of an RTC
        
        Rule 65 - Only on the basis of grave abuse of discretion.
        
        Original Jurisdiction - Can be subdivided into exclusive and concurrent jurisdiction.
        
        Exclusive Jurisdiction
        
        Petitions - Petitions for certiorari, prohibition or mandamus against: CA, CTA, SB, Comelec & CoA
        
        Concurrent - Subdivided into concurrent jurisdiction with the CA, RTC and both.
        
        CA only - Petitions for certiorari, prohibition or mandamus against the RTC, Civil Service Commission, Central Board of Assessment Appeals, NLRC and other quasi-judicial agencies.
        
        CA & RTC - Petitions for certiorari, prohibition, or mandamus against first-level courts and other bodies AND Petitions for habeas corpus and quo warranto.
        
        RTC only - Actions against ambassadors, other public ministers and consuls.
        
        Apellate Jurisdiction - Covers petitions for review on certiorari against the following:
        
        Court of Appeals
        
        Court of Tax Appeals
        
        Sandiganbayan
        
        RTC - IF it involves either (a) Constitutionality or validity of a treaty, international/executive agreement, PD, proclamation, order, instruction, ordinance or regulation; (b) Legality of a Tax, impost, assessment, toll, or a penalty in relation thereto' (c) Jurisdiction of a lower court; (d) errors/questions of law
        
        Question of Fact - As a general rule, the SC is not a trier of fact thus, factual findings of the lower court are binding upon the SC and are not reviewable.
        
        Change of Venue (Art. VIII Sec. 5 & People v. Sola) - SC has the power to order a change of venue or place of trial to avoid a miscarriage of justice.
        
        XCPNS (Josefa v. Zhandong Trading Corp.) -
        
        When the findings are grounded entirely on speculation, surmises or conjectures;
        
        When the inference made is manifestly mistaken, absurd, or impossible;
        
        When there is grave abuse of discretion
        
        When the judgment is based on a misapprehension of facts
        
        When the findings of facts are conflicting
        
        When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;
        
        When the findings are contrary to the trial court;
        
        When the findings are conclusions without citation of specific evidence on which they are based;
        
        When the facts set forth in the petition, as well as in the petitioner’s main and reply briefs, are not disputed by the respondent;
        
        When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and
        
        When the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion
        
        Criminal cases with penaltyof reclusion perpetua
        
        Question of Law (Urbano v. Chavez & Republic v. Ortigas) - Only these kinds may be entertained by the SC in petitions for review on certiorari under Rule 45. Refers to questions where there are no evidentiary matters left to be dispensed with.
        
        Jurisdiction on Questions of Law (Rule 50.2 & Rule 45.1) - Only the SC has jurisdiction to entertain pure questions of law. Thus, any appeal from the RTC to the CA shall be dismissed. The appeal to the SC must be via rule 45 and may include an application for a writ of preliminary injunction or other provisional remedies.
      - Certiorari (Go v. Tong)
        
        Rule 45, Sec. 1, Rules of Court
        o
        A party desiring to appeal by certiorari from a judgment or final order or resolution
        of CA, the Sandiganbayan, the RTC or other courts whenever authorized by law,
        may file with the Supreme Court a verified petition for review on certiorari
        
        A continuion of the appellate process of hte original case.
        
        When proper - As held in Fortune Guarantee v. CA, proper remedy of party aggrieved by CA decision is petition for review under rule 45, not certiorari 65.
        
        Rule 65, Sec. 1, Rules of Court
        o
        When any tribunal, board or officer exercising judicial or quasi-judicial functions
        has acted without or in excess of its or his jurisdiction, or with grave abuse of
        discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor
        any plain, speedy, and adequate remedy in the ordinary course of law
        
        An independent suit based ont he specific groudns specified therein. Generally, not allowed as a substitute for the lost remedy of an ordinary appeal (which includes certiorari 45)