) Teh, Anna Karina R.

GENERAL PRINCIPLES I. CLASSIFICATION OF COURTS IN THE PHILIPPINES Courts of General Jurisdiction and Courts of Special/Limited Jurisdiction Courts of Original and Appellate Jurisdiction Superior and Inferior Courts Courts of Record and Courts not of record Constitutional and Statutory Courts

Courts of General uris!i"tion are those competent to decide on their own urisdiction and to ta!e cogni"ance of all !inds of cases# e$cept when pro%ided otherwise &y the law or rules' Courts of S#e"ial$Li%ite! uris!i"tion & those which has no power to decide their own urisdiction and can only try cases permitted to them &y law' Courts of Ori'inal uris!i"tion ( those courts where actions or proceedings may &e commenced under the law' Courts of A##ellate uris!i"tion those courts which ha%e the power to re%iew on appeal# the decisions or orders of lower courts' Su#erior Courts courts that ha%e the power of re%iew or super%ision o%er another or lower courts' Inferior Courts those which# in relation to other courts# are lower in ran! and su& ect to re%iew and super%ision of the latter' Courts of Re"or! ( those whose proceedings are enrolled# and which are &ound to !eep a written record of all the trials and proceedings' Courts Not of Re"or! courts that are not &ound to !eep a written record or transcript or proceedings held therein' Constitutional Courts those which owe their creation and e$istence to the Constitution# and therefore cannot &e legislated out of e$istence or depri%ed &y law of the urisdiction and powers un(ualifiedly %ested in them &y the Constitution'

Statutor) Courts those created# organi"ed and with urisdiction e$clusi%ely determined &y law'

II. CLASSIFICATION OF URIS*ICTION +ASE* ON ITS NATURE, A. General uris!i"tion the power to ad udicate all contro%ersies e$cept those e$pressly withheld from the plenary powers of the courts* +. S#e"ial$Li%ite! uris!i"tion the power to ad udicate only those cases or su& ects pro%ided &y its go%erning law* C. Ori'inal uris!i"tion the power of the court to ta!e udicial cogni"ance of a case instituted for udicial action for the first time under the conditions pro%ided &y law* *. A##ellate uris!i"tion ( the power of a court higher in ran! to ree$amine the final order or udgment of a lower court that tried the case now ele%ated for udicial re%iew' E. E-"lusi.e /uris!i"tion ( is the power to ad udicate a case or proceeding to the e$clusion of all other courts at that stage* F. Con"urrent$"onfluent$"oor!inate uris!i"tion ( is the power conferred upon different courts whether of the same or different ran!s to ta!e cogni"ance at the same stage of the same case in the same or different udicial territories' G. Territorial /uris!i"tion ( refers to the geographical area within which its powers can &e e$ercised'

III. URIS*ICTION 0S. 0ENUE uris!i"tion 0enue

Is the authority to hear and determine Is the place where the case is to &e the case* heard or tried* is a matter of su&stanti%e law* is a matter of procedural law*

It esta&lishes the relationship &etween +sta&lishes the relation &etween the the court and the su& ect matter plaintiff and defendant# or petitioner and respondent* Is fi$ed &y law and cannot &e conferred ,ay &e conferred &y an act or &y the parties* agreement of the parties'

I0. ERROR OF URIS*ICTION .s. ERROR OF U*GE1ENT ERROR OF URIS*ICTION ERROR OF U*GE1ENT

Re%iewa&le thru an original action for Correcti&le &y appeal* certiorari* Renders a udgment %oid or %oida&le* Is a ground for re%ersal of decision if it is shown that pre udice is caused there&y*

0. RE2UISITES FOR THE E3ERCISE OF URIS*ICTION, A. uris!i"tion o.er the #erson of the #laintiff or #etitioner ( this is ac(uired through the filing of the complaint# petition or initiatory pleading &efore the court &y the plaintiff or petitioner' +. uris!i"tion o.er the !efen!ant or res#on!ent ( this is ac(uired &y the %oluntary appearance or su&mission &y the defendant or respondent to the court or &y coerci%e process &y the court to him# generally &y ser%ice of summons' C. uris!i"tion o.er the su4/e"t %atter ( this is conferred &y law and unli!e urisdiction o%er the parties# it cannot &e conferred on the court &y %oluntary act or agreement of the parties' *. uris!i"tion o.er the issues of the "ase & this is determined and conferred &y the pleadings filed in the case &y the parties# or &y their agreement in a pre. trial or stipulation# or at times# &y their implied consent as &y failure of a party to o& ect to e%idence on an issue not co%ered &y the pleadings# as pro%ided in Section /# Rule )0' E. uris!i"tion o.er the res 5the #ro#ert) or the thin' un!er liti'ation6 ( this is ac(uired &y the actual or constructi%e sei"ure &y the court of the thing in (uestion# thus placing it in custodia legis, as in attachment or garnishment . or &y pro%ision of law which recogni"es in the court the power to deal with the property or su& ect matter within its territorial urisdiction 0I. *OCTRINE OF A*HERENCE OF URIS*ICTION . 1his 2octrine is also !nown as the 2octrine of Continuity of Jurisdiction' 1his doctrine pro%ides that the court# once urisdiction has attached# retains the urisdiction until it finally disposes of the case' 1hus# urisdiction is not affected &y a new law placing a proceeding under the urisdiction of another tri&unal# e$cept3 4)5 6here there is an e$press pro%ision of a statute# 4-5 the statute is clearly intended to apply to

: actions pending &efore its enactment'

0II. *OCTRINE OF URIS*ICTION +7 ESTOPPEL, General Rule, +stoppel does not apply to confer urisdiction to a tri&unal that in truth does not ha%e urisdiction o%er a cause of action# &ecause urisdiction is conferred &y law' E-"e#tion, when the party has in%o!ed and affirmed the urisdiction of a court on a particular matter to secure an affirmati%e relief# and then afterwards deny that same urisdiction to escape penalty' 888 CI0IL PROCE*URE ( Preli%inar) Consi!erations I. Stu!) of Ci.il Pro"e!ure in"lu!es, a' Ordinary ci%il actions &' Special ci%il actions c' 9ro%isional remedies II. CAUSE OF ACTION .s. RIGHT OF ACTION CAUSE OF ACTION RIGHT OF ACTION

Is the act or omission &y which a party Is the relief granted &y law to a party to %iolates the right of another* institute an action against a person who has committed a delict or a wrong* It is the delict or the wrong* Is the right to sue as a conse(uence of that delict*

1he (uestion as to whether the plaintiff 6hether such acts gi%e him a right of has a cause of action is determined &y action is determined &y the su&stanti%e the a%erments in pleading regarding law* the acts committed &y the defendant* Consists of operati%e facts which gi%e Is the right to presently enforce a cause rise to such right of action* of action*

III. RELIEF the redress# protection# award or coerci%e measure which the plaintiff prays the court to render in his fa%or as a conse(uence of the delict committed &y the defendant'

/ I0. RE1E*7 the procedure or type of action that may &e a%ailed of &y the plaintiff as the means to o&tain the relief desired'

0. SU+ ECT&1ATTER the thing# wrongful act# contract or property which is directly in%ol%ed in the action concerning which wrong has &een done and with respect to which the contro%ersy has written'

0I. CLASSIFICATION OF ACTIONS a' Real A"tion ( it is one &rought for the protection of real rigts# land# tenements or one founded on pri%ity of estate only*
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Personal A"tion ( one which is not founded upon the pri%ity of real rights or real property* 1i-e! A"tion ( one &rought for the protection or reco%ery of real property and also for an award for damages sustained'

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d' A"tion in re% ( one which is not directed against particular persons &ut against the thing itself and the udgment herein is theoretically &inding upon the whole world*
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A"tion in #ersona% ( one which is directed against particular persons on the &asis of their personal lia&ility to esta&lish a claim against them and the udgment is &inding only upon the persons impleaded or their successors in interest* A"tion 8uasi in re% ( one directed against particular persons# &ut the purpose of which is to &ar and &ind not only said persons &ut any other person who claims any interest in the property or right su& ect to the suit* Transitor) a"tion ( one the %enue of which is dependent generally upon the residence of the parties regardless of where the cause of action arose' Lo"al a"tion ( one which is re(uired &y the rules to &e instituted in a particular place in the a&sence of an agreement to the contrary'

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? 0II. URIS*ICTION OF THE COURTS A. SUPRE1E COURT a. E-"lusi.e )' 9etitions for certiorari# prohi&ition or mandamus against3 4. Con"urrent 9. 6ith the Court of Appeals3 :. 6ith the Court of Appeals and Regional 1rial Courts3 -') 9etitions for certiorari# prohi&ition or mandamus against courts 9etitions for certiorari# prohi&ition or mandamus against3 Regional 1rial Courts Ci%il Ser%ice Commission Central ;oard of Assessment Appeals >ational La&or Relations Commission Other (uasi udicial agencies Court of Appeals Court of 1a$ Appeals Sandigan&ayan Commission on +lections Commission on Audit

-'- of the first le%el and other &odies* -'7 9etition for ha&eas corpus and (uo warranto* ;. 6ith Regional 1rial Courts3 7') Actions against am&assadors# other pu&lic ministers and consuls' ". A##ellate 9. 9etitions for re%iew on Certiorari against3 a' Court of Appeals

A &' Court of 1a$ Appeals c' Sandigan&ayan d' Regional 1rial Courts in cases in%ol%ing3 )' Constitutionality or %alidity of a treaty# international or e$ecuti%e agreement# law# presidential decree# proclamation# order# instruction# ordinance# or regulation* -' Legality of ta$# impost# assessment# toll or a penalty in relation thereto* 7' Jurisdiction of a lower court* :' Only errors on (uestions of law'

+. COURT OF APPEALS a. Ori'inal 9. +$clusi%e3 Actions for annulment of Regional 1rial Courts :. Concurrent3 -') 6ith the SC3 9etitions for Certiorari# 9rohi&ition or ,andamus against3 R1C# CSC# C;AA# >LRC and other (uasi. udicial agencies* -'- 6ith SC and R1C3 9etitions for C.9., against courts of the first le%el and other &odies# and 9etitions for =a&eas Corpus and @uo 6arranto 4. A##ellate 9. Or!inar) A##eals fro%, a' R1C# e$cept in cases e$clusi%ely appeala&le to the Supreme Court# &' <amily Courts :. A##eal 4) Petition for re.ie< fro%, a' CSC &' C;AA udgments of

B c' S+C d' Land Registration Authority e' Social Security Commission f' Office of the 9resident g' Ci%il Aeronautics ;oard h' ;ureaus under Intellectual 9roperty Office i' >ational +lectrification Administration ' +nergy Regulatory ;oard !' >ational 1elecommunications Commission l' 2AR m' GSIS n' +mployees Compensation Commission o' Agricultural In%entions ;oard p' Insurance Commission (' 9hilippine Atomic +nergy Commission r' ;oard of In%estments s' Construction Industry Ar&itration Commission t' Office of the Om&udsman disciplinary cases* in administrati%e

u' Any other (uasi. udicial agency# instrumentality# &oard or commission in the e$ercise of its (uasi. udicial functions ;. Petitions for re.ie< for% the RTC in "ases a##eale! thereto fro% the lo<er "ourts.

C * COURT OF TAX APPEALS Has Exclusive Appellate Jurisdiction to revie !" appeal#

Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue of other laws administered by the BIR; Inaction by the Commissioner of Internal Revenue cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue of other laws administered by the BIR when the Internal Revenue Code specifically provided for a period of action, in which cases inaction shall be deemed a denial; Decisions, orders or resolutions of the R Cs in local tax cases originally decided or resolved by them in the exercise of their original or appellate !urisdiction; Decisions of the commissioner of customs in cases involving liability for customs duties, fees of other money charges, sei"ure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under Custom#s $aw or other laws administered by the Bureau of Customs; Decisions of the Board of %ssessment %ppeals in the exercise of its appellate !urisdiction over cases involving the assessment and taxation of real property originally decided by the provinicial or city board of assessment appeals; Decisions of the &ecretary of 'inance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customes which are adverse to the (overnment under &ection )*+, of the ariff and Customs Code; Decisions of the &ecretary of rade and Industry in the case of non agricultural product, commodity or article involving dumping and countervailing duties under &ection *-+ and *-), respectively of the ariff and Customs Code, and safeguard measures under R% ..--, where either party may appeal the decision to impose or not to impose said duties /xclusive original !urisdiction over all criminal offenses arising from violations of the NIRC or CC and other laws administered by the BIR or Bureau of Customs /0C/1 offenses or felonies where the principal amount of axes and fees, exclusive of charges and penalties claim is less than 1+2 or where there is no specified amount claimed shall be

)0 tried by the regular courts and !urisdiction of the C % is appellate3 C. REGIONAL TRIAL COURTS a. Ori'inal 9. E-"lusi.e, a' Actions the su& ect matter whereof are not capa&le of pecuniary estimation 4 means that the issue of the case is something other than the right torecover a sum of money, or if the money claim is urely incidental to, or a conse4uence of, the principal relief sought, the action is one where the sub!ect matter of the litigation may not be estimated in terms of money5* &' Actions in%ol%ing title to or possession of real property or an interest therein where the assessed %alue of such property e$ceeds 9-0#000 or in ,etro ,anila 9/0#000# except6 forci&le entry and unlawful detainer of lands/&uildings* c' Actions in admiralty and maritime urisdiction where the demand or claim e$ceeds 9700#000 4outside ,,5 or 9:00#000 in ,etro ,anila* d' ,atters of pro&ate# testate or intestate where the gross %alue of the estate e$ceeds 9700#000 4outside metro manila5 or 9:00#000 in metro manila* e' Cases not within the e$clusi%e urisdiction of any court# tri&unal# person or &ody# e$ercising udicial or (uasi. udicial functions* f' Cases within the e$clusi%e original urisdiction of a Ju%enile and 2omestic relations court and of the Court of Agrarian Relations* g' Other cases where the demand# e$clusi%e of interest# damages# attorneyDs fees# litigation e$penses and costs# or the %alue of the property in contro%ersy e$ceeds 9700#000 4outside ,,5 or 9:00#000 in ,etro ,anila

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:. Con"urrent :.9 6ith the SC3 actions affecting am&assadors# other pu&lic ministers and consuls* :.: 6ith the SC and CA3 9etitions for certiorari# prohi&ition and mandamus* and the petitions for ha&eas corpus and (uo warranto' &' A##ellate, All cases decided &y lower courts in their respecti%e territorial urisdictions' *. FA1IL7 COURTS 5RTC6 a. E-"lusi.e Ori'inal uris!i"tion )' 9etitions for guardianship# custody of children# ha&eas corpus in relation to the latter* -' 9etitions for adoption of children and the re%ocation thereof* 7' Complaints for annulment of marriage# declaration of nullity of marriage and those relating to marital status and property relations of the spouses# of those li%ing together under different status and agreements# and petitions for dissolution of con ugal partnership of gains* :' 9etitions of support and/or ac!nowledgement /' Summary udicial proceedings under the <amily Code* ?' 9etitions for declaration of status of children as a&andoned# dependent or neglected children# for the %oluntary or in%oluntary commitment of children and for the suspension# termination or restoration of parental authority under 92 ?07# +O >o' /? s' )CB?# and other related laws* A' 9etitions for the constitution of the family home* B' Cases of domestic %iolence against women and children# as defined therein# &ut which do not constitute criminal offenses su& ect to criminal prosecution and penalties'

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E. 1ETROPOLITAN, 1UNICIPAL an! 1UNICIPAL CIRCUIT TRIAL COURTS a. E-"lusi.e Ori'inal uris!i"tion )' Actions in%ol%ing personal property %alued at not more than 9700#000 4outside ,,5 or 9:00#000 in ,,# -' Actions demanding sums of money not e$ceeding 9700#000 or in ,etro ,anila 9:00#000 e$clusi%e of interest# damages# attorneyDs fees# litigation e$penses and costs* 7' Actions in admiralty and maritime urisdiction where the demand or claim does not e$ceed 9700#00 or in ,etro ,anila 9:00#000 e$clusi%e of interest# damages# attorneyDs fees# litigation e$penses and costs* :' 9ro&ate proceedings# testate or intestate# where the gross %alue of the estate does not e$ceed 9700#000 or in ,etro ,anila 9:00#000* /' <orci&le +ntry and unlawful detainer cases* ?' Actions in%ol%ing title to or possession of real property# or any interest therein# where the assessed %alue does not e$ceed 9-0#000 or in ,etro ,anila 9/0#000# e$clusi%e of interest# damages# attorneyDs fees# litigation e$penses and costs* A' 9ro%isional remedies where the principal action is within their urisdiction* &' *ele'ate! Cadastral or land registration cases co%ering lots where there is no contro%ersy or opposition# or contested lots the %alue of which does not e$ceed 9)00#000# as may &e assigned &y the SC' c' S#e"ial . 9etitions for =a&eas Corpus in the a&sence of all the R1C udges in the pro%ince* !. Su%%ar) Pro"e!ure )' <orci&le entry and unlawful detainer cases irrespecti%e of the amount of damages or unpaid rentals sought to &e reco%ered*

)7 -' All other court cases# e$cept pro&ate proceedings where the total claim does not e$ceed 9)0#000 e$clusi%e of interest and costs'