Noel Christopher G.

Belleza August 6, 2018

LLB 4B Assignment 3

Problems.
1. Define Cause of Action. Distinguish from Right of Action.
2. When is a complaint deemed filed?
3. What is the Totality Rule?
4. What are the different kinds of Courts? State the jurisdiction of each?
5. What are the different kinds of pleadings? Define and state their functions. What
is the difference between a pleading and a motion?
6. What is a negative pregnant? Give an example.
7. Define Ultimate Facts
8. What is “Joinder of Issues”
9. Is a Third Party Defendant an original party? How does the trial court acquire
jurisdiction over a Third Party Defendant?

1. Define Cause of Action. Distinguish from Right of Action.

Cause of Action
A cause of action is an act or omission of one party the defendant in violation of
the legal right of the other." The elements of a cause of action are:
(1) a right in favor of the plaintiff by whatever means and under whatever law it arises or
is created;
(2) an obligation on the part of the named defendant to respect or not to violate such right;
and
(3) an act or omission on the part of such defendant in violation of the right of the plaintiff
or constituting a breach of the obligation of the defendant to the plaintiff for which the
latter may maintain an action for recovery of damages.
A cause of action is sufficient if a valid judgment may be rendered thereon if the alleged
facts were admitted or proved.1

1Far East Bank and Trust Company v. Court of Appeals, 341 SCRA 486, 490 [2000];
Centeno v. Centeno, 343 SCRA 153, 160 [2000]
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Right of Action
A right of action is the right of the plaintiff to bring an action and to prosecute that
action to final judgment.2
Right of action is distinguished from cause of action in that the former is a remedial
right belonging to some persons, while the latter is a formal statement of the operative
facts that give rise to such remedial right. The former is a matter of right and depends on
the substantive law, while the latter is a matter of statement and is governed by the law
of procedure
Difference between Cause of Action and Right of Action
The right of action springs from the cause of action but does not accrue until all the facts
which constitute the cause of action have occurred. When there is an invasion of primary
rights, then and not until then does the adjective or remedial law become operative, and
under it arise rights of action. There can be no right of action until there has been a wrong
— a violation of a legal right — and it is then given by the adjective law. 3

2. When is a complaint deemed filed?

A case is deemed filed shall be deemed filed on the date and time are actually received
by the Court and only upon payment of docket fee regardless of the date of its filing in
Court. 4

3.What is the Totality Rule?

2 Marquez vs. Varela, 92 Phil. 373

3 G.R. Nos. 92029
4 115 SCRA 193 (1982)
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LLB 4B Assignment 3

The totality rule refers where the claims in all the causes action are principally for recovery
of money, the aggregate amount claimed shall be the test of jurisdiction.
The Interim Rules of Court provide:
Rule 11. Application of the totality rule. — In actions where the jurisdiction of the
court is dependent on the amount involved, the test of jurisdiction shall be the aggregate
sum of all the money demands, exclusive only of interest and costs, irrespective of
whether or not the separate claims are owned by or due to different parties. If any demand
is for damages in a civil action, the amount thereof must be specifically alleged.

4. What are the different kinds of Courts? State the jurisdiction of each?

Jurisdiction of the Supreme Court

REPUBLIC ACT No. 5440, Section 2. Section seventeen of the same Act, as amended,
is hereby further amended to read as follows:5

"Sec. 17. Jurisdiction of the Supreme Court. The Supreme Court shall have original
jurisdiction over cases affecting ambassadors, other public ministers, and consuls; and
original and exclusive jurisdiction in petitions for the issuance of writs of certiorari,
prohibition and mandamus against the Court of Appeals.

"In the following cases, the Supreme Court shall exercise original and concurrent
jurisdiction with Courts of First Instance:

"1. In petition for the issuance of writs of certiorari, prohibition, mandamus, quo
warranto, and habeas corpus; and

"2. In actions brought to prevent and restrain violations of law concerning

monopolies and combinations in restraint of trade.

"The Supreme Court shall have exclusive jurisdiction to review, revise, reverse, modify or
affirm on appeal, as the law or rules of court may provide, final judgments and decrees of
inferior courts as herein provided, in

5 REPUBLIC ACT No. 5440

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"(1) All criminal cases involving offenses for which the penalty imposed is death or
life imprisonment; and those involving other offenses which, although not so
punished, arose out of the same occurrence or which may have been committed
by the accused on the same occasion, as that giving rise to the more serious
offense, regardless of whether the accused are charged as principals, accomplices
or accessories, or whether they have been tried jointly or separately;

"(2) All cases involving petitions for naturalization or denaturalization; and

"(3) All decisions of the Auditor General, if the appellant is a private person or
entity.

"The Supreme Court shall further have exclusive jurisdiction to review, revise, reverse,
modify or affirm on certiorari as the law or rules of court may provide, final judgments and
decrees of inferior courts as herein provided, in

"(1) All cases in which the constitutionality or validity of any treaty, law, ordinance,
or executive order or regulation is in question;

"(2) All cases involving the legality of any tax, impost, assessment or toil, or any
penalty imposed in relation thereto;

"(3) All cases in which the jurisdiction of any inferior court is in issue;

"(4) All other cases in which only errors or questions of law are involved: Provided,
however, That if, in addition to constitutional, tax or jurisdictional questions, the
cases mentioned in the three next preceding paragraphs also involve questions of
fact or mixed questions of fact and law, the aggrieved party shall appeal to the
Court of Appeals; and the final judgment or decision of the latter may be reviewed,
revised, reversed, modified or affirmed by the Supreme Court on writ of certiorari;
and

"(5) Final awards, judgments, decisions, or orders of the Commission on Elections,

Court of Tax Appeals, Court of Industrial Relations, the Public Service Commission
and the Workmen's Compensation Commission."

Section 2. Matters Cognizable by the Court En Banc. — The Court shall sit in en
banc to, among other things:

(a)Promulgate rules relative to the organization or reorganization of the

Divisions of the Court, assignment of the Justices, distribution of cases, and
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LLB 4B Assignment 3

other matters concerning the operation and management of the Court and
its Divisions;

(b)Act on administrative matters, including the regrouping, merger or

abolition of existing offices, units or services, the creation of new ones, or
the transfer of functions of one office, unit or service to another as the
exigencies of the service may require;

(c)Adopt uniform administrative measure; procedures, and policies for the

protection and preservation of the integrity of the judicial processes, the
speedy disposition of cases, and the promotion of efficiency of the
personnel;

(d)Discuss and thresh out divergent views on any particular question of law
so as to reach a consensus thereon or to minimize, if not completely avoid,
conflict of decisions and resolutions of the different Divisions of the Court
on the interpretation and application of any question or provision of law;

(e)Take up other administrative matters which the Presiding Justice or any

member may suggest for consideration and inclusion in its agenda;

(f)Recommend to the Supreme Court the appointment of the Clerk of Court,

Assistant Clerk of Court, Court Reporter and Division Clerks of Court; and

(g)Receive foreign and local dignitaries, important guests and visitors,

honor a colleague or retiring member of the Court, hold necrological
services for its members who die in office, and honor members who die after
retirement. (Sec. 2, Rule 2, RIRCA)

Jurisdiction Of The Court Of Appeals6

6 1999 INTERNAL RULES OF THE COURT OF APPEALS (IRCA)

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LLB 4B Assignment 3

Section 3. Jurisdiction and Manner of Exercise of Adjudicatory Powers of the Court

by Divisions. — In the exercise and discharge of the adjudicatory powers, functions
and duties of the Court, the Divisions concerned may hold sessions in chambers.

Unless otherwise provided by law or the Rules of Court, the Court shall have:

(a) Original jurisdiction to issue writs of mandamus, prohibition, certiorari,

habeas corpus, and quo warranto, and other ancilliary writs or processes whether
or not in aid of its appellate jurisdiction;

(b) Exclusive original jurisdiction over actions for annulment of judgments of

Regional Trial Courts;

(c) Exclusive appellate jurisdiction over all other final judgments, decisions,
resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies,
boards, commissions or offices not falling within the exclusive jurisdiction of the
Supreme Court or other tribunals;

(d) Authority to receive other evidence and perform acts necessary for the
resolution of factual issues raised in cases falling within its original and appellate
jurisdiction;

(e) Authority to receive newly discovered evidence relied upon by the movant
in cases within its appellate jurisdiction wherein new trial has been granted by the
Court;

(f) The power to —

(1)Decide cases or resolve incidents deliberated upon by its members;

(2)Cite and punish for contempt any person guilty of any contumacious act
against the Court, its Division or any member thereof in connection with a
case cognizable by the Division;

(3)Decide whether or not to give due course to original petitions, including

petitions for review; and

(4)Subject to constitutional and statutory requirements, adopt its own rules

in the conduct of hearings, preparation of agenda, determination of cases
and incidents and rendition of decisions or resolutions. (Sec. 3, Rule 2,
RIRCA)
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LLB 4B Assignment 3

Jurisdiction of the Regional Trial Court

Section 19 of Batas Pambansa bilang 129. Jurisdiction in civil cases. — Regional Trial
Courts shall exercise exclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of
pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the property
involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions
in Metro Manila, where such the value exceeds Fifty thousand pesos
(50,000.00) except actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or

claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro
Manila, where such demand or claim exceeds Two hundred thousand
pesos (200,000.00);

(4) In all matters of probate, both testate and intestate, where the gross
value of the estate exceeds One hundred thousand pesos (P100,000.00)
or, in probate matters in Metro Manila, where such gross value exceeds
Two hundred thousand pesos (200,000.00);

(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 or any court, tribunal, person or body
exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the
Courts 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
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of the property in controversy exceeds One hundred thousand pesos

(100,000.00) or, in such other abovementioned items exceeds Two hundred
thousand pesos (200,000.00). (as amended by R.A. No. 7691*)

Section 20. Jurisdiction in criminal cases. — Regional Trial Courts shall exercise
exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of
any court, tribunal or body, except those now falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance
of by the latter.

Section 21. Original jurisdiction in other cases. — Regional Trial Courts shall exercise
original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo

warranto, habeas corpus and injunction which may be enforced in any part
of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. — Regional Trial Courts shall exercise appellate
jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases
shall be decided on the basis of the entire record of the proceedings had in the court of
origin and such memoranda and/or briefs as may be submitted by the parties or required
by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall
be appealable by petition for review to the

Court of Appeals which may give it due course only when the petition shows prima facie
that the lower court has committed an error of fact or law that will warrant a reversal or
modification of the decision or judgment sought to be reviewed.

Section 23. Special jurisdiction to try special cases. — The Supreme Court may designate
certain branches of the Regional Trial Courts to handle exclusively criminal cases,
juvenile and domestic relations cases, agrarian cases, urban land reform cases which do
not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other
special cases as the Supreme Court may determine in the interest of a speedy and
efficient administration of justice.
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LLB 4B Assignment 3

Section 24. Special Rules of Procedure. — Whenever a Regional Trial Court takes
cognizance of juvenile and domestic relation cases and/or agrarian cases, the special
rules of procedure applicable under present laws to such cases shall continue to be
applied, unless subsequently amended by law or by rules of court promulgated by the
Supreme Court.

Jurisdiction of Municipal Trial Courts and Metropolitan Trial Courts

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in criminal cases. — Except in cases falling within the exclusive
original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal

ordinances committed within their respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with

imprisonment not exceeding six (6) years irrespective of the amount of fine,
and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof: Provided, however,
That in offenses involving damage to property through criminal negligence
they shall have exclusive original jurisdiction thereof. (as amended by R.A,
No. 7691)

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in civil cases. — Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper
cases, where the value of the personal property, estate, or amount of the
demand does not exceed One hundred thousand pesos (P100,000.00) or,
in Metro Manila where such personal property, estate, or amount of the
demand does not exceed Two hundred thousand pesos (P200,000.00)
exclusive of interest damages of whatever kind, attorney's fees, litigation
expenses, and costs, the amount of which must be specifically alleged:
Provided, That where there are several claims or causes of action between
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the same or different parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or
different transactions;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the
question of ownership in his pleadings and the question of possession
cannot be resolved without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of possession.

(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed
value of the property or interest therein does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions in Metro Manila, where such
assessed value does not exceed Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever kind, attorney's fees, litigation
expenses and costs: Provided, That value of such property shall be
determined by the assessed value of the adjacent lots. (as amended by
R.A. No. 7691)

Section 34. Delegated jurisdiction in cadastral and land registration cases. —

Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may
be assigned by the Supreme Court to hear and determine cadastral or land registration
cases covering lots where there is no controversy or opposition, or contested lots the
where the value of which does not exceed One hundred thousand pesos (P100,000.00),
such value to be ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the corresponding tax declaration
of the real property. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

Section 35. Special jurisdiction in certain cases. — In the absence of all the Regional Trial
Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge,
Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus
or applications for bail in criminal cases in the province or city where the absent Regional
Trial Judges sit.
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Section 36. Summary procedures in special cases. — In Metropolitan Trial Courts and
Municipal Trial Courts with at least two branches, the Supreme Court may designate one
or more branches thereof to try exclusively forcible entry and unlawful detainer cases,
those involving violations of traffic laws, rules and regulations, violations of the rental law,
and such other cases requiring summary disposition as the Supreme Court may
determine. The Supreme Court shall adopt special rules or procedures applicable to such
cases in order to achieve an expeditious and inexpensive determination thereof without
regard to technical rules. Such simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing
pleadings shall be non-extendible.

5.What are the different kinds of pleadings? Define and state their functions. What
is the difference between a pleading and a motion?

Kinds of pleadings (Rules 6, 7 and 8 of the Rules of Court)

1. Complaint - the written statement of a plaintiff’s cause of action; the names and
residences of the plaintiff and defendant must be stated in the complaint.
2. Answer - specific denials of allegations of the complaint, or a statement of new facts
preventing recovery by the plaintiff
3. Counterclaim - any claim which a defending party may have against an opposing party
(this may either be compulsory or permissive)
4. Crossclaim - a claim by one party against a co-party arising out of a transaction or
occurrence that is the subject matter of the original suit, or of a counterclaim
5. Reply - a denial of new matters stated in the answer (if no reply is filed, the new matters
are deemed controverted)
6. Third party complaint - a claim filed by the defendant with the permission of the court
against a person who is not a party in the lawsuit (called the “third party defendant”)
for contribution, indemnity, subrogation, etc.

Kinds of motions (Rules 6, 7 and 8 of the Rules of Court)

1. Motion for bill of particulars - a request by a party for a clearer and more specific
statement of allegations made by the opposing party, to enable him to prepare his
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responsive pleading or to prepare for trial. It must point out defects complained of
and the details desired.
2. Motion to dismiss - a move by the defendant to dismiss the suit against him based on
grounds like the lack of jurisdiction, no cause of action, etc.
3. Motion for intervention - made by a person who has a legal interest:
(a) in the matter in litigation;
(b) in the success of either party;
(c) an interest against both; or
(d) who will be adversely affected by distribution or disposition of property in the custody
of the court or an officer thereof.
4. Motion for judgment on the pleadings - made by the plaintiff for the court to render a
decision based solely on the pleadings because the defendant’s answer does not
deny the allegations in the complaint, except damages (this is not allowed for legal
separation or annulment cases).
5. Motion for summary judgment - made by any party for the court to render a decision
based on the pleadings (complaint, answer, etc), affidavits, stipulations, and
admissions, in cases like recovery of debts, etc.

A Pleading is a formal written statement filed with a court by parties in a civil action.
They are formal statements served by each party to a lawsuit to one another, which
contains their respective positions in the matter, such as allegations, claims, defenses or
denials. Pleadings contain facts that are material to the party’s claim or defense, and not
the means of proving those facts. It defines the issues and narrow them down to the
essentials.

A “motion” is a formal request made to the court. A motion may ask the court to do
something or to avoid doing something. Often, a motion is used to settle an argument
over a particular point in the case so that the rest of the case can proceed more smoothly.
A motion may be made verbally, in writing, or both. If a motion is made in writing and filed
with the court, the court may schedule a hearing on the motion. At the hearing, the
attorneys for the parties to the lawsuit present the motion and any response or reply, and
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LLB 4B Assignment 3

discuss the issues involved in the motion with the trial judge. The judge may rule on the
motion immediately or may postpone releasing her decision until she can do so in writing.

6. What is a negative pregnant? Give an example.

A negative pregnant is a form of negative expression which carries with it an
affirmation or at least an implication of some kind favorable to the adverse party.
It is a denial pregnant with an admission of the substantial facts alleged in the
pleading. Where a fact is alleged with qualifying or modifying language and the
words of the allegation as so qualified or modified are literally denied, has been
held that the qualifying circumstances alone are denied while the fact itself is
admitted. 7
Example:
For example, if a defendant who is accused of stealing 1,000,000 pesos a bank in
2007 denies the allegation by saying, "I did not steal 1,000,000 pesos in 2007," the
denial is pregnant with the possibility that the defendant may have stole a different
sum of money in a different year.

7. Define Ultimate Facts

Ultimate facts are important and substantial facts which either directly form the
basis of the primary right and duty, or which directly make upon the wrongful acts or
omissions of the defendant. The term does not refer to the details of probative matter or
particulars of evidence by which these material elements are to be established. It refers
to principal, determinate facts upon the existence of which the entire cause of action rests.
Ultimate facts are conclusions drawn from intermediate and evidentiary facts, or
allegations of mixed law and fact; they are conclusions from reflection and natural
reasoning on evidentiary fact. The ultimate facts which are to be pleaded are the issuable,
constitutive, or traversible facts essential to the statement of the cause of action; the facts
which the evidence on the trial will prove, and not the evidence which will be required to
prove the existence of those fact.8

7 (Republic vs. Sandiganbayan, et. al., G.R. No. 152154, July 15, 2003)
8 Francisco, The Revised Rules of Court in the Philippines, Vol. I, p. 435.
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8. What is “Joinder of Issues”

Joinder of Issues is the point in a lawsuit when the defendant has challenged
some or all of the plaintiff's allegations or when it is known which legal questions are in
dispute--in other words, the "issue is joined." Usually this point arrives when pretrial
discovery is complete.
There is joinder of issues when the answer makes a specific denial of the material
allegations in the complaint or asserts affirmative defenses which would bar recovery by
the plaintiff. Where there is proper joinder of issues, the trial court is barred from rendering
judgment based only on the pleadings filed by the parties and must conduct proceedings
for the reception of evidence. On the other hand, an answer fails to tender an issue where
the allegations admit the allegations in support of the plaintiff’s cause of action or fail to
address them at all. In either case, there is no genuine issue and judgment on the
pleadings is proper.9
When the answer asserts affirmative defenses, there is proper joinder of issues
which must be ventilated in a full-blown trial on the merits and cannot be resolved by a
mere judgment on the pleadings. Allegations presented in the answer as affirmative
defenses are not automatically characterized as such. Before an allegation qualifies as
an affirmative defense, it must be of such nature as to bar the plaintiff from claiming on
his cause of action. For easy reference, respondent corporation’s affirmative defenses
shall be laid out in full:

9. Is a Third-Party Defendant an original party? How does the trial court acquire
jurisdiction over a Third-Party Defendant?
An original party is the Plaintiff that filed the case in Court or the Defendant that
filed an answer to the complaint filed by a plaintiff. A third-party defendant is not an original
party. He is merely impleaded into the case because he has violated a right of the
Defendant.
The court can acquire jurisdiction over the third-party defendant upon a motion to
to implead the third party coupled with service of summons.

9 G.R. No. 156474