You are on page 1of 12

1

REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)


MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

JURISDICTION OF THE COURTS

JURISDICTION OF THE SUPREME COURT


1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and
consuls; petitions for certiorari, prohibition, mandamus, quo warranto and habeas
corpus (concurrent with RTC).
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of
lower courts in:
a. Cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, decree, proclamation, order, instruction, ordinance or
regulation is in question;
b. Cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed thereto;
c. Cases involving the jurisdiction of lower courts;
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher;
e. All cases in which only an error or question of law is involved.

JURISDICTION OF THE COURT OF APPEALS


1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction (concurrent with SC and RTCs)
2. EXCLUSIVE original jurisdiction over actions for annulment of judgments of RTCs.
3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions,
orders or awards of RTCs and quasi-judicial agencies, bodies, or commissions,
EXCEPT those which fall within the appellate jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.

JURISDICTION OF THE REGIONAL TRIAL COURTS


I. ORIGINAL
A. CIVIL CASES
1. Cases where the subject of the litigation is incapable of pecuniary estimation;
2. Involving the title to, or possession of, real property, or any interest therein,
where the assessed value of the property involved exceeds P20,000/
P50,000, EXCEPT actions for forcible entry and unlawful detainer:
3. All actions in admiralty and maritime jurisdiction where the demand or claim
exceeds P200,000/P400,000;
4. Probate proceedings, both testate and intestate, where the gross value of the
estate P200,000/P400,000;
5. In all actions involving the contract of marriage and marital relations;
6. In all cases not within the exclusive jurisdiction of any court, tribunal, person
or body exercising jurisdiction;
7. In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of
Agrarian Relations as now provided by law; and
8. In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value of
the property in controversy exceeds P200,000/P400,000;
2
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

B. CRIMINAL CASES
All criminal cases not within the exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan,
where the penalty exceeds 6 years imprisonment irrespective of fine, or if only a
fine is imposable, exceeds P6,000, regardless of the amount of civil liability.
 Manzano vs. Valera
R.A. 7691 places jurisdiction over criminal cases where the penalty is
6 years or less with the MTCs. Libel is punishable by prision correcional in its
minimum and medium periods and prision correcional has a range from six
months and one day to six years. ON the other hand, Art. 360 of the RPC
gives jurisdiction over libel cases to the CFI (now RTC). The latter is a
special law which must prevail over general laws. Moreover, from the
provisions of R.A. 7691, there seems to be no manifest intent to repeal or
alter the jurisdiction in libel cases. Thus, RTCs still have jurisdiction over libel
cases.
II. APPELLATE
All cases decided by the lower courts (MTCs) in their respective territorial
jurisdictions.
NOTE: no trial de novo; case is decided on the basis of decision and supporting
affidavits.

JURISDICTION OF THE FAMILY COURTS (R.A. 8369)


Family Courts shall have exclusive original jurisdiction to hear and decide the following
cases:
1. Criminal cases where:
a. One or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age, OR
b. One or more of the victims is a minor at the time of the
commission of the offense.
Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred. The sentence,
however, shall be suspended without need of application pursuant to the "Child and
Youth Welfare Code";
2. Petitions for guardianship, custody of children, habeas corpus in
relation to the latter;
3. Petitions for adoption of children and the revocation thereof;
4. Complaints [for]:
a. Annulment of marriage
b. Declaration of nullity of marriage
c. Those relating to marital status and property relations of:
i. Husband and wife OR
ii. Those living together under different status and
agreements, AND
d. Petitions for dissolution of conjugal partnership of gains;
5. Petitions for support and/or acknowledgment;
6. Summary judicial proceedings brought under the provisions of the
"Family Code of the Philippines";
7. Petitions for:
a. Declaration of status of children as
i. Abandoned
ii. Dependent OR
3
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

iii. Neglected children


b. Voluntary or involuntary commitment of children;
c. The suspension, termination, or restoration of parental
authority and other cases cognizable under "Child and Youth Welfare Code",
Executive Order No. 56, (Series of 1986), and other related laws;
8. Petitions for the constitution of the family home;
9. Cases against minors cognizable under the Dangerous Drugs Act, as
amended;
10. Violations of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as
amended by Republic Act No. 7658; and
11. Cases of domestic violence against:
a. Women
 Which are acts of gender based violence that results, or are likely to result in
physical, sexual or psychological harm or suffering to women; and other
forms of physical abuse such as battering or threats and coercion which
violate a woman's personhood, integrity and freedom of movement; AND
b. Children
 Which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial to
their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in
any case pending in the regular courts, said incident shall be determined in that court.
Decisions and orders of the court shall be appealed in the same manner and
subject to the same conditions as appeals from the ordinary Regional Trial Courts.

JURISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND THE MUNICIPAL
CIRCUIT TRIAL COURTS
A. CIVIL CASES
1. Civil
actions and probate proceedings, testate and intestate, including the grant of
provisional remedies where the demand, exclusive of interest, damages,
attorney’s fees and costs, does not exceed P100,000/200,000.
2. Excl
usive original jurisdiction over cases of forcible entry and unlawful detainer; issue
of ownership resolved only to determine issue of possession.
 After lapse of 1 year, MTC loses jurisdiction, and case becomes one for
recovery of possession de jure (accion publicicana), although MTC may still
have jurisdiction if value of property does not exceed P20,000/50,000.
3. Actions involving personal property valued at not more than
P100,000/200,000.
4. Actions involving title or possession of real property where the assessed
value doe not exceed P20,000/50,000.
5. Inclusion/exclusion of voters.
B. CRIMINAL JURISDICTION
1. Violations of city or municipal ordinances.
2. All offenses punishable with not more than 6 years imprisonment,
irrespective of fine, or a fine of not more than P6,000, regardless of civil liabilities
and accessory penalties.
4
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

SUMMARY PROCEDURE
I. CASES APPLICABLE
A. CIVIL CASES
1. All cases of forcible entry and unlawful detainer irrespective of amount
of damages or unpaid rentals; without question of ownership;
attorney’s fees not exceeding P20,000 if quieting of ownership;
resolved to determine question of possession.
2. Other civil cases EXCEPT probate proceedings, where the total
amount of the claim does not exceed P10,000, exclusive of interest
and cost.
B. CRIMINAL CASES
1. Violation of traffic laws, rules, regulations
2. Viol
ation of rental laws
3. Viol
ations of city or municipality ordinances
4. All
other criminal cases where the penalty does not exceed 6 months or a fine of
P1000 or both
5. Da
mage to property through criminal negligence where the fine does not exceed
P10,000.
II. PROHIBITED PLEADINGS AND MOTIONS
1. Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject
matter or failure to comply with Katarungang Pambarangay (LGC) requirements
2. Motion for bill of particulars
3. Motions for new trial, reconsideration, re-opening
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits
6. Memoranda
7. Petition for certiorari, mandamus, and prohibition against any
interlocutory order issued by the court
8. Motion to declare defendant in default
9. Dilatory motion for postponement
10. Reply
11. Third-party complaints
12. Motion for intervention

JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)


EXCLUSIVE jurisdiction over
1. Unsound real estate business practices
2. Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, dealer, broker, or
salesman
3. Cases involving specific performance of contractual and statutory
obligations filed by buyers of subdivision lots or condominium units against the
owner, developer, dealer, broker, or salesman

JURISDICTION OF THE KATARUNGANG PAMBARANGAY (UNDER THE LOCAL GOVERNMENT CODE OF 1991)
5
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

1. No complaint, petition, action or proceeding involving any matter within the authority
of the lupon shall be filed or instituted directly in court or any other government office
for adjudication, unless:
a. There has been a confrontation between the parties before the
lupon chairman or pangkat, AND
b. That no conciliation or settlement has been reached as certified
by the lupon/pangkat secretary as attested to by lupon chairman or pangkat
chairman, or unless such settlement has been repudiated by the parties thereto
2. Disputes subject to Conciliation Requirement: All disputes between parties actually
residing in the same city or municipality
 HOWEVER, the court in which non-criminal cases not falling within the authority
of the Lupon may, at any time before trial, refer the case to the lupon for
amicable settlement.
3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93)
a. Where one party is the government, or any subdivision or instrumentality thereof;
b. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
c. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
d. Any complaint by or against corporations, partnerships or juridical entities, since
only individuals shall be parties to Barangay conciliation proceedings either as
complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay
Rules);
e. Disputes involving parties who actually reside in barangays of different cities or
municipalities, EXCEPT:
i. Where such barangay units adjoin each other, AND
ii. The parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
f. Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
g. Offenses where there is no private offended party;
h. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
i. Criminal cases where accused is under police custody or
detention;
ii. Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived of his liberty or one
acting in his behalf;
iii. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support during the
pendency of the action; AND
iv. Actions which may be barred by the Statute of Limitations.
i. Any class of disputes which the President may determine in the interest of justice
or upon the recommendation of the Secretary of Justice;
j. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
(Sections. 46 & 47, R.A. 6657);
k. Labor disputes or controversies arising from employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended,
which grants original and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the Department of Labor
and Employment);
6
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

l. Actions to annul judgment upon a compromise, which may be filed directly in


court.
7
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

4. VENUE OF PROCEEDINGS:
Situation Venue
Parties reside in same barangay That barangay
Parties reside in different barangays Barangay where respondent, or any of the
respondents, actually resides, at the option
of the complainant
Disputes involving real property or interest Barangay where property is situated
therein
Disputes arising at the workplace where Barangay where such workplace or
the contending parties are employed, or at institution is located
the institution where such parties are
enrolled for study

 Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, they are deemed waived. Legal questions confronting the
punong barangay which might arise in resolving such objections are to be submitted
to the Secretary of the DOJ, whose ruling shall be binding.
5. EFFECT OF NON-COMPLIANCE:
a. Dismissal upon motion of defendants for failure to state cause of action or
prematurity; OR
b. Suspension of proceedings upon petition and referral of case motu proprio to
appropriate barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:
a. Complainant pays appropriate filing fees, and shall complain, orally or
in writing, to the lupon chairman of the barangay;
b. Lupon chairman shall make attempts at mediation; if he fails within 15
days from date of first meeting, he shall set a date for the constitution of a
pangkat ng tagapagsundo (3 members; chosen by the parties from the list of the
members of the lupon)
c. Pangkat shall have power to issue summons, and shall hear both
parties and their witnesses, and attempt to arrive at an amicable settlement. It
shall arrive at said settlement or resolution of the dispute within 15 days from the
day it convenes.
 During the period while the dispute is under mediation, the prescriptive periods
for offenses, and for causes of action shall be interrupted upon filing of the
complaint with the punong barangay. Said interruption shall not exceed 60 days
from said filing.
 In all proceedings, parties must appear in person without the assistance of
counsel or representatives, EXCEPT for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.
7. Amicable settlement shall have the force and effect of a final judgment upon the
expiration of 10 days from its date, unless:
a. It is repudiated, or
 Repudiation must be done within 10 days, by filing a sworn
statement with the lupon chairman;
 The grounds for repudiation are vitiation of consent by fraud,
violence or intimidation;
 Such repudiation is a sufficient basis for the issuance of a
certification for filing a complaint with the court.
b. A petition to nullify the settlement is filed in the proper city or municipal court
 The above does not apply to cases not within jurisdiction of the lupon but
submitted to it. In this case, the compromise agreed upon by the parties
8
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

before the lupon/pangkat chair shall be submitted to the court and upon
approval thereof, shall have the force and effect of a judgment of said court.
8. EXECUTION OF AMICABLE SETTLEMENT:
a. Within 6 months from date of settlement: by the lupon.
b. Thereafter, by action in the appropriate city of municipal court
9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be issued only
upon complying with the following requirements:
a. Issued by lupon secretary and attested by lupon chairman/ punong barangay,
that confrontation took place and conciliation settlement was reached, but
subsequently repudiated.
b. Issued by pangkat secretary and attested by pangkat chairman, that:
i. There was a confrontation but no settlement; OR
ii. There was no personal confrontation without any fault on the part of
the complainant.
c. Issued by the Punong Barangay, as requested by the proper party, on the ground
of failure of settlement, where the dispute involves members of the same
indigenous cultural community, which shall be settled in accordance with the
customs and traditions of that particular cultural community, or where one or
more of the parties to the aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by the datu or tribal
leader or elder, to the Punong Barangay of the place of settlement
 If mediation or conciliation proved unsuccessful before punong barangay there
having been no agreement to conciliate, OR respondent failed to appear before
punong barangay, Punong Barangay shall not issue the certification (because
now mandatory for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.)

JURISDICTION OF THE SANDIGANBAYAN


A. ORIGINAL
1. Violations of:
a. “Anti-Graft and Corrupt Practices Act”;
b. R.A. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any
Property Found to Have Been Unlawfully Acquired By Any Public
Officer or Employee and Providing for the Proceedings Therefor”); or
c. Title VII, Chapter II, § 2 of the RPC (i.e., Articles 210-212 of RPC)
 Where one or more of the principal accused are officials occupying the
following positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
i. Officials of executive branch occupying positions classified as
Grade 27 or higher
ii. Members of Congress and officials thereof classified as Grade 27
or higher
iii. Members of the Judiciary, without prejudice to the provisions of
the Constitution (on impeachment)
iv. Chairmen and members of the Constitutional Commissions,
without prejudice to the provisions of the Constitution
v. All other national and local officials classified as Grade 27 or
higher; or
2. Other offenses or felonies, committed by public officials and employees
mentioned in #1, in relation to their office, whether simple or complexed with
other crimes
9
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

3. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.
B. APPELLATE
If none of the principal accused are occupying positions of grade 27 or higher,
original jurisdiction will be with either the MTC or RTC; SB will exercise exclusive
appellate jurisdiction on said cases.
 The procedure prescribed in BP Blg. 129, as well as the implementing rules that
the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall apply to appeals and
petitions for review filed with the Sandiganbayan.
C. NOTES:
1. Private individuals charged as co-principals, accomplices or accessories
with the public officers or employees shall be tried jointly with said public officers
and employees in the proper courts
2. Any provisions of law or Rules of Court to the contrary notwithstanding,
the criminal action and the corresponding civil action for the recovery of civil
liability arising from the offense charged shall at all times be simultaneously
instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be
recognized.
3. Decisions of the Sandiganbayan:
a. Appealable to the SC by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court;
b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be
appealable to the SC by Notice of Appeal;
c. If penalty imposed is death, review by the Supreme Court shall be automatic,
whether or not the accused filed an appeal.

REMEDIAL LAW DEFINITIONS/CONCEPTS

JURISDICTION AND VENUE DIFFERENTIATED


JURISDICTION VENUE
Authority to hear and determine a case Court/place where the case is to be tried
and heard
A matter of substantive law A matter of procedural law
Fixed by law and cannot be conferred by May be conferred by the act or agreement
the parties of the parties
Establishes a relation between the court Establishes a relation between plaintiff and
and subject matter defendant, or petitioner and respondent

CLASSIFICATIONS OF JURISDICTION
1. General vs. Specific/Limited:
General - power to adjudicate all controversies EXCEPT those expressly withheld from
the plenary powers of the court
Specific/Limited - restricted to particular cases and subject to such limitations as may be
provided by the governing law
2. Original vs. Appellate
Original – power of the court to take judicial cognizance of a case instituted for judicial
action for the first time
10
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

Appellate – authority of a court higher in rank to reexamine the final order or judgment of
a lower court which tried the case now elevated for judicial review
3. Exclusive vs. Concurrent
Exclusive – power to adjudicate a case or proceeding to the exclusion of all other courts
at that stage
Concurrent – also known as confluent or coordinate jurisdiction; power conferred upon
different courts, whether of the same or different ranks, to take cognizance
at the same state of the same case
NOTE:
General Rule: Jurisdiction, once acquired, continues until the case is finally terminated.
Exceptions:
1. When a subsequent law provides a prohibition for the continued exercise of
jurisdiction;
2. Where the law penalizing an act is punishable is repealed by a subsequent
law;
3. When accused is deprived of his constitutional right such as where the court
fails to provide counsel for the accused who is unable to obtain one and
does not intelligently waive his constitutional right;
4. Where the statute expressly provides, or is construed to the effect that it
intended to operate as to actions pending before its enactment;
5. When the proceedings in the court acquiring jurisdiction is terminated,
abandoned or declared void;
6. Once appeal has been perfected.

CLASSIFICATION OF ACTIONS
1. Real, personal and mixed
Real – brought for the protection of real rights, land, tenements, or one founded on
privity of estate only
Personal – not founded upon the privity of real rights or real property
Mixed – brought for protection or recovery of real property and also for an award for
damages sustained
2. In rem, in personam, and quasi in rem
In rem – not directed against particular persons but against the thing itself; object is to
bar indifferently all who might be minded to make objection against the right
sought to be enforced; hence, judgment is binding upon the whole world (e.g.,
land registration; special proceedings)
In personam – directed against particular persons on the basis of their personal liability
to establish a claim against them; judgment is binding only upon the
parties impleaded and their successors in interest (e.g., action for breach
of contract)
Quasi in rem – directed against particular persons, but the 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 (e.g. action for judicial
foreclosure of mortgage)
3. Transitory vs. local
Transitory – one the venue of which depends generally upon the residence of the
parties, regardless of where the cause of action arose (e.g., personal
actions)
Local – one required by the Rules to be instituted in a particular place in the absence of
an agreement to the contrary (e.g., real actions)
11
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

KINDS OF PARTIES
1. Real party in interest – person having an interest in the subject of the action and in
obtaining the relief demanded.
2. Indispensable party – a person without whom no final determination can be had of
an action.
3. Proper party – a person who is not indispensable but should be included if complete
relief is to be accorded as between those already parties.
4. Pro forma party – a husband or wife who is required to be joined in suits by or
against his spouse
5. Quasi-parties – those in whose behalf a class or representative suit is brought;
parties not initially/ formally impleaded as original parties but later
bind themselves to comply with the terms of a judgment or
compromise rendered therein.

PLEADINGS
Pleading – written allegation of the parties of their respective claims and defenses
submitted to the court for trial and judgment.

KINDS OF PLEADINGS
1. COMPLAINT – concise statement of the ultimate facts constituting the plaintiff’s cause or
causes of action.
2. ANSWER – pleading where an adverse party sets forth negative and affirmative
defenses upon which he relies.
a. Negative Defense – specific denial of a fact alleged.
b. Affirmative Defense – an allegation of new matter which, though admits the
material allegations of the complaint, nevertheless
prevents recovery.
3. COUNTERCLAIM – any claim for money or other relief which a party may have against
an opposing party.
a. Compulsory Counterclaim – one arising out of or is necessarily connected with
the subject matter of the claim (e.g., recoupment).
b. Permissive Counterclaim – does not arise or is not connected with the subject
matter of the claim (e.g., set-off).
4. CROSS CLAIM – claim by one party against a co-party arising out of a transaction or
occurrence which is the subject matter of the action or counterclaim.
5. REPLY – a pleading that denies or alleges facts in denial of new matters alleged by
way of defense in the answer with the purpose of joining the issues as to
such new matters.
6. THIRD-PARTY COMPLAINT – a claim which a defending party may file against a
person not a party to the action for contribution,
indemnity, subrogation or any other relief.

OTHER DEFINITIONS
Specific Denial – specific allegation of the fact the truth of which he does not admit and
setting forth the substance of the matter relied upon to support the
denial OR allegation of lack of knowledge or information sufficient to
form a belief as the truth of the averment.
Negative Pregnant – a form of denial where only the qualification or modification of the
fact alleged is denied while the fact itself is admitted.
Summons – an order directed to a defendant in the name of the court and under its seal
directing that the defendant answer the complaint upon failure of which
judgment will be taken.
12
REMEDIAL LAW (JURISDICTION AND PRELIMINARIES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

Motion – application for an order not included in the judgment.


Subpoena – process directed to a person requiring him to attend and to testify at a
hearing or the trial or to bring with him any book or thing under his control.
Demurrer to Evidence – a motion to dismiss based on insufficiency of evidence of the
prosecution.
Preliminary Attachment – an order of the court granted at the commencement of the
action or at any time before entry of judgment to seize the
property of the debtor in advance of final judgment to hold it
for the purpose of satisfying the judgment.
Preliminary Injunction – an order granted at any stage of an action prior to the judgment
or final order requiring a person to refrain from a particular act.
Preliminary Mandatory Injunction – an order requiring the performance of a particular
act.
Criminal Complaint – sworn written statement charging a person with an offense
subscribed by an offended party, peace officer, or other public
officer.
Information – an accusation in writing charging a person with an offense subscribed by
the fiscal and filed with court.
Preliminary Investigation – an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and that
the respondent is probably guilty thereof.
Arrest – taking a person into custody in order that he may be bound to answer for the
commission of an offense.
Bail – the security for the release of a person in custody of the law furnished by him or a
bondsman conditioned upon his appearing before any court as required under the
condition hereinafter specified.
Property Bond – an undertaking constituted as lien on the real property given as
security for the amount of bail.