GENERAL PRINCIPLES

EMERSON RUPISAN NUÑEZ

 COVERAGE

Introduction Rule-
Remedial Making Nature of
to Law and Power of the
Ordinary the Rules of the Philippine
Civil Court Supreme Courts
Actions Court
 INTRODUCTION TO ORDINARY
CIVIL ACTIONS
The application of the Rules of
Civil Procedure starts when the
plaintiff believes that someone
(the defendant) has violated his
rights.
 I. COMPLAINT
 It is the first pleading filed with
court by a party called the
plaintiff.
 PRIMARY PURPOSE: to sue
another for the enforcement or
protection of a right, or the
prevention or redress of a wrong
 I. COMPLAINT
 Before filing it, the lawyer initially
determines whether or not his
client has a cause of action
against the defendant based on
the provisions of substantive law.
There is no right of action where
there is no cause of action.
A. Right of Action and
Cause of Action
CAUSE OF ACTION RIGHT OF ACTION
 It refers to an  This is the right to
act or omission file a suit which is
by which a the consequence
party violates of the violation of
the rights of the right of the
another. plaintiff.
A. Right of Action and
Cause of Action
Failure to  TEST OF THE SUFFICIENCY
make
sufficient  Assuming the facts as
allegations alleged are true, the court
of a cause can render a valid judgment
of action
upon the same in
Ground for
accordance with the prayer
dismissal in the complaint.
B. JURISDICTION
 The plaintiff is obligated to
file his complaint in the court
upon which the law has
conferred jurisdiction over
the subject matter of the
action, which is a matter of
substantive law.
B. JURISDICTION
 Jurisdiction over civil actions and
probate proceedings is
determined by:
 the value of the personal
property, estate, or demand
 the place where the action is to
be instituted
B. JURISDICTION
 Jurisdiction over civil actions
involving title to, possession of,
real property, or any interest
therein will be apportioned using
the assessed value of the
property as benchmark.
C. VENUE
JURISDICTION VENUE
 It is the power  It is where the
and authority action is to be
of the court to filed.
hear, try, and
decide a case.
 Where the real
Real property involved or
action a portion thereof is
situated
Where the plaintiff
Venue resides
Where the
Personal defendant resides
action
In case of non-
Exception: If there is any resident defendant,
possible restrictive at the election of
stipulations on venue. the plaintiff.
D. PARTIES
PLAINTIFF
• The real party-
in-interest

DEFENDANT
• indispensable
• mere necessary
party
E. PRESCRIPTION AND
CONDITIONS PRECEDENT

• If it is, then
Is the action the right of
already action has
barred by ceased
the statute of because it has
limitations? prescribed.
Within 10 years
• Upon a written contract
• Upon an obligation created by law
• Upon a judgment
Within 6 years
• Upon an oral contract
• Upon a quasi-contract
Within 4 years
• Upon an injury to the rights of the plaintiff
• Upon a quasi-delict
Within 1 year
• For forcible entry and detainer
• For defamation
E. PRESCRIPTION AND
CONDITIONS PRECEDENT
 If the action requires the
performance of conditions
precedent, then compliance with
such conditions is imperative and
cannot be conveniently ignored.
E. PRESCRIPTION AND
CONDITIONS PRECEDENT
Barangay conciliation
proceedings
Arbitration processes
Demand to pay
Settlement and compromises
Exhaustion of administrative
remedies
F. PREPARATION OF THE
COMPLAINT
 Complaint or any other pleading is
designed to be a statement only of
the ultimate facts which constitute a
party’s claim or defense.
 The circumstances constituting fraud

or mistake must be stated with

particularity.
F. PREPARATION OF THE
COMPLAINT
 The complaint must specify the relief
sought although the rule allows the
addition of a general prayer for such
other reliefs as the court may deem
just or equitable.
 The complaint must be dated and be
signed by the party or by the counsel
representing him.
F. PREPARATION OF THE
COMPLAINT
 The complaint must designate the
address of the party or his counsel.
 A pleading, generally, need not
be verified unless specifically
mandated by law or a particular
rule (e.g. 1991 Rule on Summary
Procedure).
F. PREPARATION OF THE
COMPLAINT
 The complaint and other initiatory
pleading must contain or be
accompanied by a certification
against forum shopping.
G. PROVISIONAL REMEDIES

 Examples under the Rules:

 preliminary attachment
 preliminary mandatory
injunction
 receivership
 replevin
 support pendente lite
H. FILING OF THE COMPLAINT
 It is the act of presenting the
complaint before the clerk of
court, accompanied by the
payment of the requisite docket
and filing fees.
General Rule: Without payment, the
complaint is not considered filed.
H. FILING OF THE COMPLAINT
 Filing of the complaint enables the
court to acquire jurisdiction over
the person of the plaintiff. It does
not extend to the person of the
defendant.
I. POSSIBLE PROCEEDINGS AFTER
FILING OF THE COMPLAINT
1. Dismissal of the action by the
plaintiff
2. Amendment of the complaint
 • If the dismissal is to be
made before the adverse
Notice of party has served an
dismissal answer or a motion for
summary judgment

• After service of the

answer or a motion for
Motion to summary judgment, the
dismiss plaintiff can no longer
have his action dismissed
by mere notice.
I. POSSIBLE PROCEEDINGS AFTER
FILING OF THE COMPLAINT
 Amendment of plaintiff’s pleading is
a matter of right as long as it is
made before the other party has
served a responsive pleading.
 May the plaintiff amend his complaint
as a matter of right even after a
motion to dismiss has been served?
 YES!
I. POSSIBLE PROCEEDINGS AFTER
FILING OF THE COMPLAINT
 If an answer has already been
served by the defendant, the
amendment has become a matter
of judicial discretion.
I. POSSIBLE PROCEEDINGS AFTER
FILING OF THE COMPLAINT
Amendment shall not be allowed …
if intended for delay
if it would result in a drastic
change in the cause of action,
defense, or theory of the case.
if the court has no jurisdiction
I. POSSIBLE PROCEEDINGS AFTER
FILING OF THE COMPLAINT
 An amendment may also arise by
implication, when issues not raised
in the pleadings are tried with the
express or implied consent of the
parties.
 II. SUMMONS
 Substituted service consists in
serving the summons at the
residence of the defendant or his
regular place of business with a
person qualified to so receive the
summons in accordance with the
Rules.
 II. SUMMONS
 The clerk of court shall issue the
corresponding summons to the
defendant directing him to file an
answer.
 The summons and copy if the

complaint are to be served upon

the defendant in person.
 II. SUMMONS
 It is the service of summons upon
the defendant which enables the
court to acquire jurisdiction over
his person.
 It represents a compliance with

the rule on notice – an essential

element of constitutional due
process.
A. MOTION FOR BILL OF
PARTICULARS
 Ambiguities in the complaint may
be sought to be clarified through
a bill of particulars submitted by
the plaintiff, upon order of the
court, and procured by the
adverse party by his filing of a
motion for bill of particulars.
A. MOTION FOR BILL OF
PARTICULARS
 Upon being notified of the
motion by the clerk of court, the
court may either:
 deny or grant the motion

outright or
 allow the parties the
opportunity to be heard.
B. MOTION TO DISMISS
 If a solid basis exists for the
immediate dismissal of the action,
the defendant may file a motion
to dismiss.
 Normally, a court will wait for a

party to file a motion to dismiss

even if the ground for dismissal is
known to it.
B. MOTION TO DISMISS
 Grounds for dismissal which the
court will recognize on its own
motion:
 lack of jurisdiction over the subject
matter of the action
 litis pendentia
 res judicata
 prescriptions
B. MOTION TO DISMISS
The motion to dismiss is to heard and
after the hearing, the court may . . .
dismiss the action or claim

deny the motion

order the amendment of the

pleading
B. MOTION TO DISMISS
 If no motion to dismiss has been
filed, any of the grounds for the
dismissal provided in the rules
governing a motion to dismiss may
be pleaded as an affirmative
defense in the answer.
 III. ANSWER
 It is the responsive pleading to
the complaint, giving notice to him
as to which allegations in the
complaint the defendant decides
to contest and put in issue.
A. DEFAULT
 Failure of the defendant to file
an answer will entitle the plaintiff
to file a motion to declare him in
default.
 The court’s declaration of default

should be preceded by a motion

to declare him in default together
with proof of such failure.
A. DEFAULT
 A party declared in default shall:
 still be entitled to notice of
subsequent proceedings
 is accorded a relief from the
order
 may file a motion under oath to
set aside the order of default
A. DEFAULT
 A judgment rendered against a
party in default shall not exceed
or be different in kind from that
prayed for nor award
unliquidated damages.
B. SPECIFIC DENIALS
 The answer to the complaint must
specifically deny the material
averments in the complaint.
 Material averments not
specifically denied are deemed
admitted.
 • It is rendered if
Judgment
there is no issue in
on the
the case.
pleadings

• It is based on the
Summary absence of a
judgment genuine issue in the
case.
C. COUNTERCLAIM, CROSS CLAIM, THIRD-PARTY
COMPLAINT, REPLY AND INTERVENTION

COUNTERCLAIM
Compulsory
• A defending party has at the
time he files his answer
Permissive
• It could be invoked as an
independent action
C. COUNTERCLAIM, CROSS CLAIM, THIRD-PARTY
COMPLAINT, REPLY AND INTERVENTION

CROSS - CLAIM
• This is a pleading containing the claim
by one party against a co-party
THIRD PARTY COMPLAINT
• This is a claim against a third person
either for contribution indemnity,
subrogation, or any other relief in
respect of the plaintiff’s claim.
C. COUNTERCLAIM, CROSS CLAIM, THIRD-PARTY
COMPLAINT, REPLY AND INTERVENTION

REPLY
• It is the plaintiff’s responsive pleading
to the answer.
INTERVENTION
• A process where a person, not a party
to the complaint but believes that he
has a legal interest, files a complaint-
in-intervention, with leave of court.
C. COUNTERCLAIM, CROSS CLAIM, THIRD-PARTY
COMPLAINT, REPLY AND INTERVENTION

INTERVENTION
Complaint-in-intervention
• If he asserts a claim against one or
all of the parties
Answer-in-intervention
• If he unites with the defending party in
resisting a claim against said party.
 IV. PRE-TRIAL
 Here, the parties shall consider
the possibility of an amicable
settlement or submission of the
case to alternative modes of
dispute.
 IV. PRE-TRIAL
 The parties may obtain information from
each other through the employment of
discovery procedures like
 depositions

 interrogatories to parties
 requests fro admission, production and
inspection of documents
 physical and mental examinations of persons
 V. TRIAL
 During the trial, the parties
present their evidence on their
claims and defenses.
 The plaintiff presents his evidence
first then afterwards, the
defendant will present his own
evidence.
 V. TRIAL
 If the defendant believes that the
plaintiff is not entitled to relief, he
may move for dismissal of the
case through a demurrer to
evidence.
 If granted but
on appeal
If denied • The order of
• The defendant dismissal is
reversed.
still has the right
• The defendant is
to present his
deemed to have
evidence. waived his right
to present
evidence.
 V. TRIAL
 Not an indispensable stage of a
civil action.
 A judgment may also be rendered

on the pleadings.
 A judgment upon a compromise

may also occur even without a

trial.
 VI. JUDGMENT
 This is the decision of the court
and represents its official
determination of the respective
rights and obligations of the
parties to the case.
 VI. JUDGMENT
 It has to be in writing, personally
and directly prepared by the
judge, stating clearly the facts
and the law on which it is based,
signed by him, and filed with the
clerk of court.
 VI. JUDGMENT
 The date of entry of the
judgment is also the date of the
finality of the judgment.
 It finds relevance when the
judgment is to be executed or
when, later on, a litigant files a
petition for relief from judgment.
VII. POST-JUDGMENT REMEDIES

 The judgment is not the end for

the losing party because he is
afforded remedies against the
adverse judgment.
 Motion for
reconsideration
Before the
judgment
Motion for new trial
becomes final
and An appeal
executory
Remedies Petition for relief
After the Action to annul the
judgment judgment
becomes
final and
Certiorari
executory
Attack against the
judgment collaterally
VII. POST-JUDGMENT REMEDIES

 If the motion for new trial or the

motion for reconsideration is
denied, the aggrieved party may
appeal from the judgment within
the period for appeal following
the so-called “fresh period” rule.
VII. POST-JUDGMENT REMEDIES

 After the judgment becomes

final and executory, a party may
no longer appeal because the
period for appeal has already
lapsed.
VII. POST-JUDGMENT REMEDIES

 The judgment has become final

and executory and the prevailing
party may, at any time within five
years from its date of entry, file a
motion for the execution of the
judgment rendered in his favor.
 VIII. EXECUTION AND
SATISFACTION OF JUDGMENT
 Execution is the remedy afforded
by procedural rules for the
enforcement of the judgment.
 REMEDIAL LAW AND THE RULES
OF COURT
Remedial law provides the “means
and methods whereby causes of
action may be effectuated, wrongs
redressed and relief obtained.”
th
(Black’s Law Dictionary, 5 ed.)
SUBSTANTIVE VS. REMEDIAL LAW

SUBSTANTIVE LAW REMEDIAL LAW

 It creates,  It prescribes the
defines, and methods of
regulates rights enforcing those
and duties rights and
concerning life, obligations
liberty, or created by
property. substantive law.
PROCEDURAL RULES UNDER THE
RULES OF COURT
 As they do not originate from the
legislature, they cannot be called
laws in the strict sense of the
word.
 They are subordinate to statute,

and in case of conflict, the statute

will prevail.
PROSPECTIVE EFFECT OF THE
RULES OF COURT
 The rules embodied in the Rules of
Court are not penal laws and are
not to be given retroactive effect,
and are to govern cases brought
after they take effect.
APPLICABILITY TO PENDING
ACTIONS; RETROACTIVITY
 The retroactive application of
procedural laws cannot be
considered violative of any
personal rights because no vested
right may attach to nor arise
therefrom.
APPLICABILITY TO PENDING
ACTIONS; RETROACTIVITY
 Procedural laws may be given
retroactive effect to actions
pending and to those which are
yet undetermined at the time of
their passage because there are
no vested rights in the rules of
procedure.
WHEN PROCEDURAL RULES DO NOT
APPLY TO PENDING ACTIONS
 where the statute itself or by
necessary implication provides
that pending actions are
excepted from its operation;
 if applying the rule to pending
proceedings would impair
vested rights;
WHEN PROCEDURAL RULES DO NOT
APPLY TO PENDING ACTIONS
 when to do so would not be
feasible or would work injustice;
or
 if doing so would involve
intricate problems of due
process or impair the
independence of the courts.
 APPLICABLE ACTIONS OR
PROCEEDINGS
 civil actions
 criminal actions
 special proceedings

The Rules of Court shall also apply

in all courts.
INAPPLICABLE ACTIONS OR
PROCEEDINGS
 election cases;
 land registration cases;
 cadastral cases;
 naturalization cases; and
 insolvency proceedings.
APPLICABILITY TO PENDING
ACTIONS; RETROACTIVITY
 The rules of evidence are not
strictly applied in proceedings
before administrative bodies.
 Rules of Court do not also apply
to non-judicial proceedings.
APPLICABILITY TO PENDING
ACTIONS; RETROACTIVITY
 Technicalities have no room in
labor cases where the Rules of
Court is applied only in a
suppletory manner.
 NEED FOR SUBSTANTIAL
EVIDENCE
 “ x x x this rule cannot be taken
as a license to disregard
fundamental evidentiary rules; the
decision of the administrative
agencies and the evidence it
relies upon must, at the very least
be substantial.” (Primo v. Mendoza Vda.
De Erederos (2013))
SCOPE OF CIVIL PROCEDURE

 ordinary civil actions

(Rules 1 – 56)
 provisional remedies
(Rules 57 – 61); and
 special civil actions
(Rules 62 – 71)
RULE-MAKING POWER OF THE
SUPREME COURT
Under Sec. 5 (5), Article VIII,
1987 Constitution of the
Philippines
CONSTITUTIONAL AUTHORITY TO
PROMULGATE RULES
 It specially includes the
constitutional power to
promulgate rules concerning
pleading, practice, and
procedure.
CONSTITUTIONAL AUTHORITY TO
PROMULGATE RULES
 “It has the sole prerogative to
amend, repeal, or even establish
new rules for a more simplified
and inexpensive process, and the
speedy disposition of cases.”
(Neypes v. CA, 469 SCRA 633)
POWER TO AMEND THE RULES
 The constitutional power of the
Supreme Court x x x carries with
it the power to overturn judicial
precedents on points of remedial
law through the amendment of the
Rules of Court.
( Pinga v. Heirs of Santiago, 494 SCRA 393,
398)
POWER TO SUSPEND THE RULES

 “The courts have the power to

relax or suspend technical or
procedural rules or to except a
case from their operation when
compelling reasons so warrant or
when the purpose of justice
requires it. x x x” (CIR v. Mirant
Pagbilao Corp. 504 SCRA 484, 496)
POWER TO SUSPEND THE RULES

 “[T]he power to suspend or even

disregard rules can be so
pervasive and compelling as to
alter even that which the Court
itself had already declared to be
final.” (Apo Fruits Corp. v. LBP,
632 SCRA 727, 762-763)
POWER TO SUSPEND THE RULES

 Reasons which would warrant the

suspension of the Rules:
 the existence of special or
compelling circumstances;
 the merits of the case;
POWER TO SUSPEND THE RULES

 a cause not entirely

attributable to the fault or
negligence of the party favored
by the suspension of the rules;
 a lack of any showing that the
review sought is merely frivolous
and dilatory; and
POWER TO SUSPEND THE RULES

 the right of the other party will

not be unjustly prejudiced
(Sarmiento v. Zaratan, 514 SCRA
246, 260)
A court has the right to reverse itself if
only to make its findings and conclusions
conformable to law and justice.
LIMITATIONS ON THE RULE-MAKING
POWER OF THE SUPREME COURT

(a) The Rules shall provide a simplified

and inexpensive procedure for the
speedy disposition if cases;

(b) The Rules shall be uniform for

courts of the same grade; and
LIMITATIONS ON THE RULE-MAKING
POWER OF THE SUPREME COURT

(c) The Rules shall not diminish,

increase, or modify substantive
rights. (Sec. 5 [5], Art. VIII, 1987
Constitution)
 THE RULE ON LIBERAL
CONSTRUCTION; PURPOSE
 Sec. 6 of Rule 1 of the Rules of
Court.
“SEC. 6. Construction. – The Rules
shall be liberally constructed in
order to promote their objective of
securing a just, speedy and
inexpensive disposition of every
action and proceeding.”
 THE RULE ON LIBERAL
CONSTRUCTION; PURPOSE
 Lapses in the literal observation
of a procedural rule will be
overlooked when:
 they do not involve public
policy,
 when they arose from an honest
mistake or unforeseen accident,
 THE RULE ON LIBERAL
CONSTRUCTION; PURPOSE

when they have not prejudiced

the rights of the adverse party
or deprived the court of its
authority. (Alcantara v. Philippine
Commercial and International
Bank, 634 SCRA 48, 59)
 MEANING OF THE RULE ON
LIBERAL CONSTRUCTION
 The rule means that the rigid
application of the Rules may be
relaxed so that the ends of justice may
be better served (Cruz v. CA, 476
SCRA 581, 586) and that technicality
or procedural imperfection should not
serve as basis of decisions. (Polanco v.
Cruz, 579 SCRA 489, 498)
 GENERAL RULE ON LIBERAL
CONSTRUCTION; EXCEPTIONS
 Compliance with the procedural
rules is the general rule, and
abandonment thereof should be
done in the most exceptional cases
(Pilapil v. Heirs of Briones. 514
SCRA 197, 2011)
 GENERAL RULE ON LIBERAL
CONSTRUCTION; EXCEPTIONS
 Liberal construction of the rule
has been allowed by the Court in
cases
 where a rigid application will
result in a manifest failure or
miscarriage of justice;
 where the interest of substantial
justice will be served;
 GENERAL RULE ON LIBERAL
CONSTRUCTION; EXCEPTIONS
 where the resolution of the motion is
addressed solely to the sound and
judicious discretion of the court; and
 where the injustice to the adverse
party is not commensurate to the
degree of his thoughtlessness in not
complying with the procedure
prescribed.
LIBERAL CONSTRUCTION AS APPLIED
TO CIVIL CASES; ILLUSTRATIONS
 filing of motions
 matters of default

 perfecting an appeal

 filing a petition for review

 signing the certificate against forum shopping

by all the plaintiffs

 payment of docket fees

 requirement for a verification

LIBERAL CONSTRUCTION RULE
APPLIED TO CRIMINAL CASES
 “Thus, if the application of the
Rules would tend to frustrate
rather than to promote justice, it
would always be within [the
Court’s] power to suspend the
rules or except a particular case
from its operation.” (Valeroso v.
CA, 598 SCRA 41, 52)
EQUITY JURISDICTION AND THE
LIBERAL CONSTRUCTION RULE
 When the Court disregards
procedural rules, it does so in the
exercise of its equity jurisdiction
and so that a case may be
resolved on its merits based on the
evidence presented by the parties.
(San Juan v. Sandiganbayan, 561
SCRA 316, 325)
NATURE OF THE PHILIPPINE
COURTS
Philippine courts are courts of
both law and equity.
EQUITY JURISDICTION AND THE
LIBERAL CONSTRUCTION RULE
 The findings of fact of the Court
of Appeals are conclusive and
binding on the parties and are not
reviewable by the Supreme Court.
 But the Supreme Court may re-

evaluate and re-examine them in

the exercise of its equity
jurisdiction.
APPLICATION OF EQUITY; EQUITY
JURISDICTION
 It is the power of the court to
resolve issues presented in a case,
in accordance with the natural rules
of fairness and justice, and in the
absence of a clear, positive law
governing such issues.
DOCTRINE OF HIERARCHY OF
COURTS
 Under this doctrine, a case must be
filed before the lowest court
possible having the appropriate
jurisdiction, except if one can
advance a special reason which
would allow a party a direct resort
to a higher court.
 Supreme Court

Court of Appeals

RTC, Shari’a District Courts

MeTC, MTC, MTCC, MCTCs, Shari’a Circuit Courts

PURPOSE OF THE DOCTRINE OF
HIERARCHY OF COURTS

It would be an imposition upon the

limited time of the court; and,

It would inevitably result in a

delay, intended or otherwise, in the
adjudication of cases.
WHEN DOCTRINE OF HIERARCHY OF
COURTS MAY BE DISREGARDED
 The Supreme Court, however, may

disregard the principle of

hierarchy of courts if warranted by
the nature and importance of the
issues raised in the interest of
speedy justice and to avoid future
litigations.
WHEN DOCTRINE OF HIERARCHY OF
COURTS MAY BE DISREGARDED
• When there are special and
important reasons clearly stated in
the petition;
• When dictated by public welfare
and the advancement of public
policy;
• When demanded by the broader
interest of justice;
WHEN DOCTRINE OF HIERARCHY OF
COURTS MAY BE DISREGARDED

• When the challenged orders were

patent nullities; or

• When analogous exceptional and

compelling circumstances called for
and justified the immediate and
direct handling by the Court.
DOCTIRNE OF NON-INTERFERENCE OR
DOCTRINE OF JUDICIAL STABILITY
The principle holds that the courts
of equal and coordinate
jurisdiction cannot interfere with
each other’s orders.
 It applies with equal force to

administrative bodies.
 CONSTITUTIONAL AND
STATUTORY COURTS
A statutory
A constitutional
court is one
court is one of
created by a
created by a
law other than
direct
the constitution
constitutional
(e.g. all other
provision (e.g.
courts in the
Supreme Court)
Philippines)
CIVIL AND CRIMINAL COURTS
CIVIL COURTS
• Determine controversies
between private
persons

CRIMINAL COURTS
• Adjudicate offenses alleged to
have been committed against
the State
COURTS OF RECORD AND
COURTS NOT OF RECORD
COURTS OF RECORD COURTS NOT OF RECORD

 Those which  Those which

keep a written are not bound
account of its
proceedings to keep such
 All Philippine
records
Courts are
courts of record
SUPERIOR AND INFERIOR COURTS

Generally, a court is ‘superior’ or All courts in

inferior in relation to another court. the
Philippines
A superior court is one with are inferior
controlling authority over other to the
courts, and with an original Supreme
jurisdiction of its own. Court.
An inferior court is subordinate to another court, the
judgment of which may be reviewed by a higher
tribunal.
COURTS OF GENERAL AND SPECIAL
JURISDICTION
 Courts of general jurisdiction are

those with competence to decide

their own jurisdiction and take
cognizance of all cases, civil and
criminal, of a particular nature.
COURTS OF GENERAL AND SPECIAL
JURISDICTION
 Courts of special (limited)

jurisdiction are those which have a

special jurisdiction only for a
particular purpose or are clothed
with special powers for
performance of specified duties
beyond which they have no
authority of any kind.
 COURTS OF ORIGINAL AND
APPELLATE JURISDICTION
A court is one with original jurisdiction
when actions or proceedings are
originally filed with it.

A court is one with appellate

jurisdiction when it has the power of
review over the decisions or orders of
a lower court.
 COURTS OF ORIGINAL AND
APPELLATE JURISDICTION
 The RTC is a court of original

jurisdiction with respect to a

petition for a writ of amparo or a
petition for a writ of habeas data.
 COURTS OF ORIGINAL AND
APPELLATE JURISDICTION
 The Court of Appeals is also a

court of original jurisdiction with

respect to cases filed before it
involving issuances of writs of
certiorari, mandamus, quo waranto,
habeas corpus, and prohibition.
 COURTS OF ORIGINAL AND
APPELLATE JURISDICTION
 The Supreme Court is a court of

appellate jurisdiction but it may

also be a court of original
jurisdiction over cases affecting
ambassadors, public ministers and
consuls, and in cases involving
petitions for certiorari, prohibition
and mandamus.
ORIGINAL AND EXCLUSIVE
JURISDICTION DISTINGUISHED
ORIGINAL JURISDICTION
• Jurisdiction to take cognizance of a case
at its inception, try it, and pass judgment
EXCLUSIVE JURISDICTION
• Jurisdiction is possessed to the
exclusion of others
CONCURRENT JURISDICTION
 It is the power of different courts
to take cognizance of the same
subject.
 Where there is concurrent

jurisdiction, the court first taking

cognizance of the case assumes
jurisdiction to the exclusion of the
other courts.
CONCURRENT JURISDICTION
 A direct invocation of the Supreme
Court’s original jurisdiction to issue
writs of certiorari, prohibition,
mandamus, quo warranto, habeas
corpus and injunction should be
allowed only when there are
special and important reasons.
 MEANING OF ‘COURT’
 A court is an organ of government
belonging to the judicial
department the function of which is
the application of the laws to
controversies brought before it as
well as the public administration of
justice.
A COURT DISTINGUISHED FROM A
JUDGE
COURT JUDGE
 a tribunal  an officer of
officially such tribunal
assembled
under authority
of law
A COURT DISTINGUISHED FROM A
JUDGE
COURT JUDGE
 an organ of the  the one who
government with
a personality sits on court
separate and
distinct from the
person
A COURT DISTINGUISHED FROM A
JUDGE
COURT JUDGE
 a being in  a physical
imagination person
comparable to
a corporation
A COURT DISTINGUISHED FROM A
JUDGE
COURT JUDGE
 an office  public officer
A COURT DISTINGUISHED FROM A
JUDGE
COURT JUDGE
 Jurisdiction is  may resign,
attached to it become
incapacitated, or
be disqualified to
hold office, but
the court remains