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II.B. Acquisition of Jurisdiction - Coggle Diagram

- - - - CONTENTS (RoC Rule 14 S.2) - Signed by the clerk under seal, directed to defendant containing:
        
        NAME - of the court and parties in action
        
        DIRECTION - to defendant to answer within time fixed by RoC
        
        NOTICE - to defendant that if no answer, judgment by default and relief therefrom.
        
        AMENDED COMPLAINTS -
        
        GR: No further summons IF it does not introduce new causes of actions.
        
        XCPN - defendant was declared in default on the original complaint and the plaintif subsequently filed an amended complaint.
        
        FORM OF SERVICE - Mere copy of amended complaint is insufficient. UNLESS defendant has already appeared in response to the first summons.
      - Voluntary Appearance (RoC 14.20) - Defendant's VOLUNTARY appearance shall be equivalent to service of summons. Inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall NOT be deemed a voluntary appearance.
        
        When Voluntary (PCIB v. Dy) - Motions to admit answer, additional time to file answer, reconsideration of default judgment, lift order of default with motion for recon are voluntary submission.
        
        Voluntary Submission (RoC 14.23) - Also equivalent to a service of summons.
        
        Equity Jurisdiction (Rodriguez v. Alikpala) - principle of equity that jurisdiction over a person not formally or originally a party to a litigation may nevertheless be acquired, under proper conditions, through the voluntary appearance of that person before the court.
    - - In Personam (Manotoc) - In actions in persona, such as ejectment, jurisdiction over the person of the defendant is through personal or substituted summons. Substituted is allowed only upon fulfillment of three conditions:
        
        Conditions (Manotoc) - parties must:
        
        INDICATE - The impossibility of personal service of summons within a reasonable time
        
        SPECIFY - efforts exerted to locate the defendant
        
        STATE - that summons was served upon either (a) Person of Sufficient age/discretion residing int he address OR (b) Person in charge of the office or regular place of business of the defendant.
      - SUMMON BY SHERIFF (RoC 14.8) - Sheriff must be given a reasonable time to serve the summons to the defendant in person.
        
        Reasonable Time - “so much time as is necessary under the circumstances for a reasonably prudent and diligent man to do, conveniently, what the contract or duty requires that should be done, having regard for the rights and possibility of loss, if any, to the other party. While there is no specific time period, when the sheriff is asked to make the return of the summons, the validity of the summons lapses.
        
        Return of Summons - Sheriff must describe the facts and circumstances surrounding the attempted personal service. The efforts made to find the defendant and the reasons behind failure must be narrated in detail
        
        Several Attempts - At-least 3 tries, on two different dates.
- - - - Objection to Evidence - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.
        
        Obiter re; Admission of Issues not in Pleadings (Gonzaga v. CA) - a party is entitled only to such relief consistent with and limited to that sought by the pleadings or incidental thereto. A trial court would be acting beyond its jurisdiction if it grants relief to a party beyond the scope of the pleadings. Moreover, the right of a party to recover depends, not on the prayer, but on the scope of the pleadings, the issues made and the law. 
        
        VAA Comments -The court did not admit the third-party complaint, therefore they have no jurisdiction to resolve that issue. Mere obiter dictum.
- - - - Scope of Actions in Rem (De Midgely v. Ferrandos) - Actions in rem are not limited to real properties, it includes personal properties
        
        in this case, mining claims. In Perkins (cited in case) → shares of stock
        
        Foreclosure Proceedings (Banco Espanol v. Palanca) - In foreclosure proceedings, if the defendant for whom publication is made appears, the action becomes as to him a personal action and is conducted as such. But this does not affect the proposition that if the defendant fails to appear in a quasi in rem action, it should be considered with reference to principles governing actions in rem.
        
        Collection of Delinquent Taxes (Salva v. Magpile) -
        
        Cases involving auction sale of land for the collection of delinquent taxes are in personam.
        
        Thus, notice by publication, though sufﬁcient in proceedings in rem, does not satisfy the requirement of proceedings in personam. It is incumbent upon the city treasurer to send the notice of tax delinquency directly to the taxpayer in order to protect the interests of the latter.
- - - - C. Actions
        
        Kinds - Rule 1, Sec. 3 - Civil/Criminal/Special
        
        Nature (real/personal/mixed) -
        
        Real Action
        
        Personal
        
        Mixed
        
        According to the Object of the Action -
        
        in personam/
        
        in rem/
        
        quasi in rem
        
        In Personam - One which is directed against particular persons .
        
        a. On the basis of their personal liability/obligation to establish a claim against them (A vs B), not in relation to a speciﬁc property
        
        Effect - Judgment is binding only upon the parties impleaded or their successors in interest 
        
        Ex. Action for breach of contract, Action for Speciﬁc Performance
        
        In Rem - One which is directed against the thing itself. Not only against particular persons.
        
        Object of which is to bar indifferently all who might be minded to make any objection against the right sought to be enforced
        
        Effect of Judgment - Judgment is binding theoretically upon the whole world forever, therefore notice is necessary; once judgment is made, it cannot be contested .
        
        Ex. Expropriation, probate proceedings, land registration proceedings, annulment/declaration of nullity of marriage/adoption/alienation (personal actions that are in rem)
        
        Ways of Aquiring Jurisdiction over Property (De Midgely v. Ferrandos) -
        
        Actual seizure of the property
        
        a. Merely constructive because court can’t really physically bring the property to court ie land, buildings
        
        Institution of legal proceeding
        
        a. Potential jurisdiction over the res
        
        Quasi In Rem - one directed against particular persons
        
        a. Purpose of which is to bar and bind not only said persons but any other person who claims any interest in the property or right subject of the suit
        
        Subject Matter - real property but action is against particular persons 
        
        Ex. Judicial foreclosure of real estate mortgage, attachment proceedings, action for partition, action for accounting
        
        Importance of Distinction - To determine whether or not jurisdiction over the person of the defendant is required and consequently to determine the type of summons to be employed
        
        Jurisdiction over person required in action in personam
        
        Only jurisdiction over res is a prerequisite in actions in rem and quasi in rem
        
        Commencement of Action (Rule 1.5; 14.1)
        
        GR - commenced by the ﬁling of the original complaint in court.
        
        XCPN - If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the ﬁling of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court.
        
        Extraterritorial Service (14.5)
        
        Denial of Motion for Admission - Context of rule is that denial was reversed by a higher court which is why party became defendant
        
        VAA - Better way of having said it is, “regardless of the denial of the later pleading”
        
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        Docket Fees - GR - the Court acquires jurisdiction over the case only upon full payment of such prescribed docket fee. All complaints should specify the amount of damages prayed for both in the body and the prayer. (Manchester v CA)
        
        Any defect resulting in the underpayment cannot be cured by amendment. For legal purposes, there is no original complaint over which the court has acquired jurisdiction
        
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        Real Action - One brought for the protection of real rights, land, tenements or hereditaments or one founded on privity of estate only.
        
        Venue -
        
        Scope -
        
        a. “Local” venue i.e. where property involved in litigation is located
        
        b. Affecting title to or possession of real property, or interest therein (Sec. 19(2), BP 129; Rule 4.11) 
        
        Personal Action - one which is not founded upon the privity of real rights or real property
        
        VAA - If it’s not real, it’s personal.
        
        Venue - ﬁled where either party resides or may be found (Sec 2 Rule 4). This refers to actual residence, not legal residence.
        
        Transitory - where plaintiff or defendant resides, or in the case of a non-resident defendant, where he may be found, at the election of the plaintiff
        
        Mixed Action - one brought for protection or recovery of real property and also for an award for damages sustained
        
        Governing Rules - governed by the rules of venue in real actions .
        
        Ex. Accion Publicciana with a claim for damages
        
        Rule 2 – cause of action
        
        Rule 8, section 12, paragraph 4 – where pleading states no COA
        
        Sec. 1 – basis - Every ordinary civil action must be based on a cause of action.
        
        Sec. 2 – Definition - A cause of action is the act or omission by which a party violates a right of another.
        
        Essential Elements (ACL) -
        
        Legal right of the plaintiff
        
        Correlative obligation of the defendant
        
        Act or omission of the defendant in violation of said legal right
        
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        Stipulation on Prescriptive Periods - There can be no stipulation on pescriptive periods. Instead, the effect becomes a waiver, with the adjusted period functioning as a resolutory condition.
        
        Sec. 3 – one suit for a single cause of action - A party may not institute more than one suit for a single cause of action
        
        Sec. 4 – effect of splitting - If two or more suits are instituted on the basis of the same cause of action, the
        filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others.
        
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        Defense of Non-Joinder/Splitting (NEW; 6.5) - Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.
        
        Definition of Actions - legal and formal demand of one’s right from another person made and insisted upon in a court of justice
        
        Distinguished from Suit - synonymous but determinative operative act which converts “action” or “suit” is the ﬁling of the same with a court of justice
        
        SC Jurisdiction - Supreme Court has inherent jurisdiction that it can always exercise in settings attended by unusual circumstances
        
        Ordinary Actions - In an ordinary action, there must be real parties in interest asserting adverse claims and presenting a ripe issue
        
        GR - rules of proceedings are the same in all cases
      - Rules on Small Claims - Rule-making power of the Supreme Court under the Constitution, ART. VIII, Sec 5(5)
        
        Rule 1, Sec 4.
    - - Agrarian Courts - Special Agrarian Courts shall have the original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners and the prosecution of all criminal offenses under CARP.
        
        Formerly - Court of Agrarian Relations had the authority to adopt any appropriate procedure, except in criminal and expropriation cases
        
        Later integrated into RTC by BP 129.
      - Specific Cases Governed (RoC 1.3) -
        
        Civil Actions; - one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. 
        
        Ordinary Civil
        
        Special Civil - subject to the speciﬁc rules prescribed for a special civil action but also governed by the RoC.
        
        Criminal Actions - one by which the State prosecutes a person for an act or omission punishable by law.
        
        Special Proceedings - a remedy by which a party seeks to establish a status, a right, or a particular fact.
        
        Exception;Inapplicable Cases (1.4) -
        
        RoC does not apply to both special proceedings not under the RoC.
        
        AND Non-judicial proceedings.
        
        Enumeration of Proceedings - election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in suppletory character and whenever practicable and convenient.
        
        Rule on Construction RoC 1.6 - Liberal
        
        (1) Where a rigid application will result in manifest failure or miscarriage of justice
        
        (2) Where the interest of substantial justice will be served
        
        (3) Where the resolution of the motion is addressed solely to the sound and judicious discretion of the court
        
        (4) Where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure
        
        Suspension of Procedural Rules - An objectionable appeal may be given due course in the following situations:
        
        Matters of life, liberty, honor or property
        
        Counsel's negligence without any participatory negligence on the part of the client
        
        The existence of special or compelling circumstances
        
        The evident merits of the case
        
        A cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules
        
        The lack of any showing that the review sought is merely frivolous and dilatory
        
        The other party will not be unjustly prejudiced thereby