final edited remedial law reviewer

BERTs 2011 REMEDIAL LAW REVIEWER

Victory goes to those with homicidal instinct to succeed... the murderous mania to excel...Dean W. Riano

2011 Bar Reviewer For

Remedial LawNovember 20, 20118:00 AM 10:00 AM

UST

=============================================== SYLLABUS FOR 2011 BAR EXAMINATIONS REMEDIAL LAWI. General Principles A. Concept of Remedial Law B. Substantive Law as Distinguished from Remedial Law C. Rule-making Power of the Supreme Court 1. Limitations on the rule-making power of the Supreme Court 2. Power of the Supreme Court to amend and suspend procedural rules D. Nature of Philippine Courts 1. Meaning of a court 2. Court as distinguished from a judge 3. Classification of Philippine courts 4. Courts of original and appellate jurisdiction 5. Courts of general and special jurisdiction 6. Constitutional and statutory courts 7. Courts of law and equity 8. Principle of judicial hierarchy 9. Doctrine of non-interference or doctrine of judicial stability


II. Jurisdiction A. Jurisdiction over the parties 1. How jurisdiction over the plaintiff is acquired 2. How jurisdiction over the defendant is acquired B. Jurisdiction over the subject matter 1. Meaning of jurisdiction over the subject matter 2. Jurisdiction versus the exercise of jurisdiction 3. Error of jurisdiction as distinguished from error of judgment 4. How jurisdiction is conferred and determined 5. Doctrine of primary jurisdiction 6. Doctrine of adherence of jurisdiction 7. Objections to jurisdiction over the subject matter 8. Effect of estoppel on objections to jurisdiction C. Jurisdiction over the issues D. Jurisdiction over the res or property in litigation E. Jurisdiction of Courts 1. Supreme Court 2. Court of Appeals 3. Court of Tax Appeals 4. Sandiganbayan 5. Regional Trial Courts 6. Family Courts 7. Metropolitan Trial Courts/Municipal Trial Courts 8. Shariah Courts F. Jurisdiction over small claims, cases covered by the rules on Summary Procedure and Barangay Conciliation G. Totality Rule III. Civil Procedure A. Actions 1. Meaning of ordinary civil actions 2. Meaning of special civil actions 3. Meaning of criminal actions 4. Civil actions versus Special proceedings 5. Personal actions and real actions 6. Local and transitory actions 7. Actions in rem, in personam and quasi in rem B. Cause of Action 1. Meaning of cause of action 2. Right of Action versus Cause of action 3. Failure to state a cause of action 4. Test of the sufficiency of a cause of action 5. Splitting a single cause of action and its effects 6. Joinder and misjoinder of causes of action C. Parties to Civil Actions 1. Real Parties in interest; Indispensable parties; Representatives as parties; Necessary parties; Indigent Parties; Alternative defendants 2. Compulsory and permissive joinder of parties 3. Misjoinder and non-joinder of parties 4. Class Suit 5. Suits against entities without juridical personality 6. Effect of death of party litigant


D. Venue 1. Venue versus Jurisdiction 2. Venue of real actions 3. Venue of personal actions 4. Venue of actions against non-residents 5. When the Rules on Venue Do not Apply 6. Effects of Stipulations on Venue E. Pleadings 1. Kinds of Pleadings a. Complaint b. Answer (1) Negative defenses (2) Negative pregnant (3) Affirmative Defenses c. Counterclaims (1) Compulsory counterclaim (2) Permissive counterclaim (3) Effect on the Counterclaim when the complaint is dismissed d. Cross-claims e. Third (fourth, etc.) party complaints f. Complaint-in-intervention g. Reply 2. Pleadings allowed in small claim cases and cases covered by the rules on summary procedure 3. Parts of a pleading a. Caption b. Signature and address c. Verification and certification against forumshopping (1) Requirements of a corporation executing the verification/certification of non-forum shopping d. Effect of the signature of counsel in a pleading 4. Allegations in a pleading a. Manner of making allegations (1) Condition precedent (2) Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official documents or acts b. Pleading an actionable document c. Specific denials (1) Effect of failure to make specific denials (2) When a specific denial requires an oath 5. Effect of failure to plead 1. Failure to plead defenses and objections 2. Failure to plead a compulsory counterclaim and cross-claim 6. Default a. When a declaration of default is proper b. Effect of an order of default c. Relief from an order of default d. Effect of a partial default e. Extent of relief f. Actions where default are not allowed 7. Filing and Service of pleadings I. Payment of docket fees II. Filing versus service of pleadings III. Periods of filing of pleadings IV. Manner of filing V. Modes of service (1) Personal service (2) Service by mail (3) Substituted service (4) Service of judgments, final orders or resolutions


(5) Priorities in modes of service and filing (6) When service is deemed complete (7) Proof of filing and service 8. Amendment a. Amendment as a matter of right b. Amendments by leave of court c. Formal amendment d. Amendments to conform to or authorize presentation of evidence e. Different from supplemental pleadings f. Effect of amended pleading F. Summons 1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem 2. Voluntary appearance 3. Personal service 4. Substituted service 5. Constructive service (by publication) a. Service upon a defendant where his identity is unknown or where his whereabouts are unknown b. Service upon residents temporarily outside the Philippines 6. Extra-territorial service, when allowed 7. Service upon prisoners and minors 8. Proof of service G. Motions 1. Motions in general a. Definition of a motion b. Motions versus pleadings c. Contents and form of motions d. Notice of hearing and hearing of motions e. Omnibus motion rule f. Litigated and ex parte motions g. Pro-forma motions 2. Motions for Bill of Particulars a. Purpose and when applied for b. Actions of the court c. Compliance with the order and effect of noncompliance d. Effect on the period to file a responsive pleading 3. Motion to Dismiss a. Grounds b. Resolution of Motion c. Remedies of plaintiff when the complaint is dismissed d. Remedies of the defendant when the motion is denied e. Effect of dismissal of complaint on certain grounds f. When grounds pleaded as affirmative defenses g. Bar by dismissal h. Distinguised from demurrer to evidence under Rule 33 H. Dismissal of Actions 1. Dismissal upon notice by plaintiff; Two-dismissal rule 2. Dismissal upon motion by plaintiff; effect on existing counterclaim 3. Dismissal due to the fault of plaintiff 4. Dismissal of counterclaim, cross-claim or third-party complaint I. Pre-trial 1. Concept of pre-trial 2. Nature and purpose 3. Notice of pre-trial 4. Appearance of parties; effect of failure to appear 5. Pre-trial brief; effect of failure to appear


6. Distinction between pre-trial in civil case and pre-trial in criminal case 7. Alternative Dispute Resolution (ADR) J. Intervention 1. Requisites for intervention 2. Time to intervene 3. Remedy for the denial of motion to intervene K. Subpoena 1. Subpoena duces tecum 2. Subpoena ad testificandum 3. Service of subpoena 4. Compelling attendance of witnesses; Contempt 5. Quashing of subpoena L. Modes of Discovery 1. Depositions pending action; Depositions before action or pending appeal a. Meaning of deposition b. Uses; Scope of examination c. When may objections to admissibility be made d. When may taking of deposition be terminated or its scope limited 2. Written interrogatories to adverse parties a. Consequences of refusal to answer b. Effect of failure to serve written interrogatories 3. Request for Admission a. Implied admission by adverse party b. Consequences of failure to answer request for admission c. Effect of admission d. Effect of failure to file and serve request for admission 4. Production or inspection of documents or things 5. Physical and mental examination of persons 6. Consequences of refusal to comply with modes of discovery M. Trial 1. Adjournments and postponements 2. requisites of motion to postpone trial a. for absence of evidence b. for illness of party or counsel 3. Agreed statement of facts 4. Order of trial; reversal of order 5. Consolidation or Severance of hearing or trial 6. Delegation of reception of evidence 7. Trial by commissioners a. Reference by consent or ordered on motion b.Powers of the commissioner c.Commissioners report; notice to parties and hearing on the report N. Demurrer to Evidence 1. Ground 2. Effect of denial 3. Effect of grant 4. Waiver of right to present evidence 5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case O. Judgments and Final Orders 1. Judgment without trial 2. Contents of a judgment 3. Judgment on the pleadings 4. Summary judgments a. for the claimant


b. for the defendant c. when the case not fully adjudicated d. affidavits and attachments 5. Judgment on the pleadings versus summary judgments 6. Rendition of judgments and final orders 7. Entry of judgment and final order P. Post Judgment Remedies 1. Motion for New Trial or reconsideration a. Grounds b. When to file c. Denial of the motion; effect d. Grant of the motion; effect e. Remedy when motion is denied, Fresh 15-day period rule 2. Appeals in General a. Judgments and final orders subject to appeal b. Matters not appealable c. Remedy against judgments and orders which are not appealable d. Modes of appeal (1) Ordinary appeal (2) Petition for review (3) Petition for review on certiorari e. Issues to be raised on appeal f. Period of appeal g. Perfection of appeal h. Appeal from judgments or final orders of the MTC i. Appeal from judgments or final orders of the RTC j. Appeal from judgments or final orders of the CA k. Appeal from judgments or final orders of the CTA l. Review of final judgments or final orders of the COA m. Review of final judgments or final orders of the COMELEC n. Review of final judgments or final orders of the CSC o. Review of final judgments or final orders of the Ombudsman p. Review of final judgments or final orders of the NLRC q. Review of final judgments or final orders of quasi-judicial agencies 3. Relief from judgments, orders and other proceedings a. Grounds for availing of the remedy b. Time to file petition c. Contents of petition 4. Annulment of Judgments or final orders and resolutions a. Grounds for annulment b. Period to file action c. Effects of judgment of annulment 5. Collateral attack of judgments Q. Execution, Satisfaction and Effect of Judgments 1. Difference between finality of judgment for purposes of appeal; for purposes of execution 2. When execution shall issue a. Execution as a matter of right b. Discretionary execution 3. How a judgment is executed a. Execution by motion or by independent action b. Issuance and contents of a writ of execution c. Execution of judgments for money d. Execution of judgments for specific acts


e. Execution of special judgments f. Effect of levy on third persons 4. Properties exempt from execution 5. Proceedings where property is claimed by third persons a. in relation to third party claim in attachment and replevin 6. Rules on Redemption 7. Examination of Judgment Obligor When Judgment is unsatisfied 8. Examination of Obligor of Judgment Obligor 9. Effect of Judgment or Final Orders 10. Enforcement and Effect of Foreign Judgments or Final Orders R. Provisional Remedies 1. Nature of provisional remedies 2. Jurisdiction over provisional remedies 3. Preliminary Attachment a. Grounds for issuance of writ of attachment b. Requisites c. Issuance and contents of order of attachment; affidavit and bond d. Rule on prior or contemporaneous service of summons e. Manner of attaching real and personal property; when property attached is claimed by third person f. Discharge of attachment and the counter-bond g. Satisfaction of judgment out of property attached 4. Preliminary Injunction a. Definitions and Differences: Preliminary Injunction and Temporary Restraining Order b. Requisites c. Kinds of Injunction d. When writ may be issued e. Grounds for issuance of preliminary injunction f. Grounds for objection to, or for the dissolution of injunction or restraining order g. Duration of TRO h. In relation to RA 8975, Ban on issuance of TRO or Writ of Injunction in cases involving government infrastructure projects i. Rule on prior or contemporaneous service of summons in relation to attachment 5. Receivership a. Cases when receiver may be appointed b. Requisites c. Requirements before issuance of an Order d. General powers of a receiver e. Two (2) kinds of bonds f. Termination of receivership 6. Replevin a. When may writ be issued b. Requisites c. Affidavit and bond; Redelivery Bond d. Sheriffs duty in the implementation of the writ; when property is claimed by third party S. Special Civil Actions 1. Nature of special civil actions 2. Ordinary civil actions versus special civil actions 3. Jurisdiction and venue 4. Interpleader a. Requisites for interpleader b. When to file


5. Declaratory Reliefs and Similar Remedies a. Who may file the action b. Requisites of action for declaratory relief c. When court may refuse to make judicial declaration d. Conversion to ordinary action e. Proceedings considered as similar remedies A. Reformation of an instrument B. Consolidation of ownership C. Quieting of title to real property 6. Review of Judgments and Final Orders or Resolution of the COMELEC and COA a. Application of Rule 65 under Rule 64 b. Distinction in the application of Rule 65 to judgments of the COMELEC and COA and the application of Rule 65 to other tribunals, persons and officers 7. Certiorari, Prohibition and Mandamus a. Definitions and distinctions b. Requisites c. When petition for certiorari, prohibition and mandamus is proper d. Injunctive relief e. Certiorari distinguished from Appeal by Certiorari; Prohibition and Mandamus distinguished from Injunction; when and where to file petition f. Exceptions to filing of motion for reconsideration before filing petition g. Reliefs petitioner is entitled to h. Actions/Omissions of MTC/RTC in election cases i. Where to file petition j. Effects of filing of an unmeritorious petition 8. Quo Warranto a. Distinguish from Quo Warranto in the Omnibus Election Code b. When government commence an action against individuals c. When individual may commence an action d. Judgment in Quo Warranto action e. Rights of a person adjudged entitled to public office 9. Expropriation a. Matters to allege in complaint for expropriation b. Two stages in every action for expropriation c. When plaintiff can immediately enter into possession of the real property, in relation to RA 8974 d. New system of immediate payment of initial just compensation e. Defenses and objections f. Order of Expropriation g. Ascertainment of just compensation h. Appointment of Commissioners; Commissioners report; Court action upon commissioners report i. Rights of plaintiff upon judgment and payment j. Effect of recording of judgment 10. Foreclosure of Real Estate Mortgage a. Judgment on foreclosure for payment or sale b. Sale of mortgaged property; effect c. Disposition of proceeds of sale d. Deficiency judgment (1) Instances when court cannot render deficiency judgment e. Judicial foreclosure versus extrajudicial foreclosure f. Equity of redemption versus right of redemption 11. Partition a. Who may file complaint; who should be made defendants


b. Matters to allege in the complaint for partition c. Two (2) stages in every action for partition d. Order of partition and partition by agreement e. Partition by commissioners; Appointment of commissioners, Commissioners report; Court action upon commissioners report f. Judgment and its effects g. Partition of personal property h. Prescription of action 12. Forcible Entry and Unlawful Detainer a. Definitions and Distinction b. Distinguished from accion publiciana and accion reinvindicatoria c. How to determine jurisdiction in accion publiciana and accion reinvindicatoria d. Who may institute the action and when; against whom the action may be maintained e. Pleadings allowed f. Action on the complaint g. When demand is necessary h. Preliminary injunction and preliminary mandatory injunction i. Resolving defense of ownership j. How to stay the immediate execution of judgment k. Summary procedure, prohibited pleadings 13. Contempt a. Kinds of contempt b. Purpose and nature of each c. Remedy against direct contempt; penalty d. Remedy against indirect contempt; penalty e. How contempt proceedings are commenced f. Acts deemed punishable as indirect contempt g. When imprisonment shall be imposed h. Contempt against quasi-judicial bodies IV. Special Proceedings A. Settlement of Estate of Deceased Persons, Venue and Process 1. Which court has jurisdiction 2. Venue in judicial settlement of estate 3. Extent of jurisdiction of Probate Court 4. Powers and Duties of Probate Court B. Summary Settlement of Estates 1. Extrajudicial settlement by agreement between heirs, hen allowed 2. Two-year prescriptive period 3. Affidavit of Self-adjudication by sole heir 4. Summary settlement of estates of small value, when allowed 5. Remedies of aggrieved parties after extra-judicial settlement of estate C. Production and Probate of Will 1. Nature of probate proceeding 2. Who may petition for probate; persons entitled to notice D. Allowance or Disallowance of Will 1. Contents of petition for allowance of will 2. Grounds for disallowing a will 3. Reprobate; Requisites before will proved outside allowed in the Philippines; effects of probate E. Letters Testamentary and of Administration 1. When and To whom letters of administration granted 2. Order of preference 3. Opposition to issuance of letters testamentary; simultaneous filing of petition for administration


4. Powers and duties of Executors and Administrators; restrictions on the powers 5. Appointment of Special Administrator 6. Grounds for removal of administrator F. Claims Against the Estate 1. Time within which claims shall be filed; exceptions 2. Statute of Non-claims 3. Claim of Executor or administrator against the Estate 4. Payment of Debts G. Actions by and against Executors and Administrators 1. Actions that may be brought against executors and administrators 2. Requisites before creditor may bring an action for recovery of property fraudulently conveyed by the deceased H. Distribution and Partition 1. Liquidation 2. Project of Partition 3. Remedy of an heir entitled to residue but not given his share 4. Instances when probate court may issue writ of execution I. Trustees 1. Distinguished from executor/administrator 2. Conditions of the Bond 3. Requisites for the removal and resignation of a trustee 4. Grounds for removal and resignation of a trustee 5. Extent of authority of trustee J. Escheat 1. When to file 2. Requisites for filing of petition 3. Remedy of respondent against petition; period for filing a claim K. Guardianship 1. General powers and duties of guardians 2. Conditions of the bond of the guardian 3. Rule on Guardianship over minor L. Adoption 1. Distinguish domestic adoption from inter-country adoption 2. Domestic Adoption Act a. effects of adoption b. instances when adoption may be rescinded c. effects of rescission of adoption 3. Inter-country Adoption a. when allowed b. functions of the RTC c. "best interest of the minor" standard M. Writ of Habeas Corpus 1. Contents of the petition 2. Contents of the Return 3. Distinguish peremptory writ from preliminary citation 4. When not proper/applicable 5. When writ disallowed/discharged 6. Distinguish from writ of Amparo and Habeas Data 7. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (AM No. 03-04-04-SC) N. Writ of Amparo (AM No. 07-9-12-SC)


1. Coverage 2. Distinguish from habeas corpus and habeas data 3. Differences between Amparo and search warrant 4. Who may file 5. Contents of return 6. Effects of failure to file return 7. Omnibus waiver rule 8. Procedure for hearing 9. Institution of separate action 10. Effect of filing of a criminal action 11. Consolidation 12. Interim reliefs available to petitioner and respondent 13. Quantum of proof in application for issuance of writ of Amparo O. Writ of Habeas Data (AM No. 08-1-16-SC) 1. Scope of writ 2. Availability of writ 3. Distinguish from Habeas Corpus and Amparo 4. Who may file 5. Contents of the petition 6. Contents of return 7. Instances when petition be heard in chambers 8. Consolidation 9. Effect of filing of a criminal action 10. Institution of separate action 11. Quantum of proof in application for issuance of writ of Amparo P. Change of Name 1. Differences under Rule 103, RA 9048 and Rule 108 2. Grounds for change of name Q. Absentees 1. Purpose of the Rule 2. Who may file; when to file R. Cancellation or Correction of Entries in the Civil Registry 1. Entries subject to cancellation or correction under Rule 108, in relation to RA 9048 S. Appeals in Special Proceeding 1. Judgments and orders for which appeal may be taken 2. When to appeal 3. Modes of appeal 4. Rule on Advance Distribution

V. Criminal Procedure A. General Matters 1. Distinguish Jurisdiction over subject matter from jurisdiction over person of the accused 2. Requisites for exercise of criminal jurisdiction 3. Jurisdiction of Criminal courts 4. When injunction may be issued to restrain criminal prosecution B. Prosecution of Offenses 1. Criminal actions, how instituted 2. Who may file them, crimes that cannot be prosecuted de officio 3. Criminal actions, when enjoined 4. Control of prosecution 5. Sufficiency of Complaint or Information 6. Designation of Offense


7. Cause of the Accusation 8. Duplicity of the Offense; Exception 9. Amendment or Substitution of complaint or information 10. Venue of criminal actions 11. Intervention of offended party C. Prosecution of Civil Action 1. Rule on implied institution of civil action with criminal action 2. When civil action may proceed independently 3. When separate civil action is suspended 4. Effect of the death of accused or convict on civil action 5. Prejudicial Question 6. Rule on Filing Fees in civil action deemed instituted with the criminal action D. Preliminary Investigation 1. Nature of right 2. Purposes of preliminary investigation 3. Who may conduct determination of existence of probable cause 4. Resolution of investigation prosecutor 5. Review 6. When warrant of arrest may issue 7. Cases not requiring a preliminary investigation 8. Remedies of accused if there was no preliminary investigation 9. Inquest E. Arrest 1. Arrest, how made 2. Arrest without warrant, when lawful 3. Method of arrest a. by officer with warrant b. by officer without warrant c. by private person 4. Requisites of a valid warrant of arrest 5. Determination of Probable Cause for issuance of warrant of arrest 6. Distinguish probable cause of fiscal from that of a judge F. Bail 1. Nature 2. When a matter of right; exceptions 3. When a matter of discretion 4. Hearing of application for bail in capital offenses 5. Guidelines in fixing amount of bail 6. Bail when not required 7. Increase or Reduction of Bail 8. Forfeiture and Cancellation of bail 9. Application not a bar to objections in illegal arrest, lack of or irregular preliminary investigation 10. Hold Departure Order & Bureau of Immigration Watchlist G. Rights of the Accused 1. Rights of accused at the trial 2. Rights of persons under Custodial Investigation H. Arraignment and Plea 1. Arraignment and Plea, how made 2. When should plea of NOT GUILTY be entered 3. When may accused enter a plea of guilty to a lesser offense 4. Accused plead guilty to capital offense, what the court should do 5. Searching Inquiry 6. Improvident plea 7. Grounds for suspension of arraignment


I. Motion to Quash 1. Grounds 2. Distinguish from demurrer to evidence 3. Effects of sustaining the motion to quash 4. Exception to the rule that sustaining the motion is not a bar to another prosecution 5. Double Jeopardy 6. Provisional Dismissal J. Pre-trial 1. Matters to be considered during pre-trial 2. What the court should do when prosecution and offended party agree to the plea offered by the accused 3. Pre-trial agreement 4. Non-appearance during pre-trial 5. Pre-trial order 6. Referral of some cases for Court Annexed Mediation and Judicial Dispute Resolution K. Trial 1. Instances when presence of accused is required by law 2. Requisite before trial can be suspended on account of absence of witness 3. Trial in Absentia 4. Remedy when accused is not brought to trial within the prescribed period 5. Requisites for discharge of accused to become a state witness 6. Effects of Discharge of accused as state witness 7. Demurrer to Evidence L. Judgment 1. Requisites of a judgment 2. Contents of Judgment 3. Promulgation of judgment; instances of promulgation of judgment in absentia 4. When does judgment become final (four instances) M. New Trial or Reconsideration 1. Grounds for New Trial 2. Grounds for Reconsideration 3. Requisites before a new trial may be granted on ground of newly discovered evidence 4. Effects of granting a new trial or reconsideration 5. Application of Neypes Doctrine in Criminal Cases N. Appeal 1. Effect of an Appeal 2. Where to appeal 3. How appeal taken 4. Effect of appeal by any of several accused 5. Grounds for dismissal of appeal O. Search and Seizure 1. Nature of search warrant 2. Distinguish from warrant of arrest 3. Application for search warrant, where filed 4. Probable Cause 5. Personal examination by judge of the applicant and witnesses 6. Particularity of place to be searched and things to be seized 7. Personal property to be seized 8. Exceptions to search warrant requirement a. Search incidental to lawful arrest b. Consented Search c. Search of moving vehicle d. Check points; body checks in airport


e. Plain view situation f. Stop and Frisk situation g. Enforcement of Custom Laws 9. Remedies from unlawful search and seizure P. Provisional Remedies 1. Nature 2. Kinds of provisional remedies VI. Evidence A. General Principles 1. Concept of Evidence 2. Scope of the Rules of Evidence 3. Evidence in Civil Cases Versus Evidence in Criminal Cases1avvphi1 4. Proof Versus Evidence 5. Factum Probans Versus Factum Probandum 6. Admissibility of Evidence a. Requisites for admissibility of evidence b. Relevance of evidence and collateral matters c. Multiple admissibility d. Conditional admissibility e. Curative admissibility f. Direct and circumstantial evidence g. Positive and negative evidence h. Competent and credible evidence 7. Burden of Proof and Burden of Evidence 8. Presumptions a. Conclusive presumptions b. Disputable presumptions 9. Liberal Construction of the Rules of Evidence 10. Quantum of Evidence (Weight And Sufficiency of Evidence) a. Proof beyond reasonable doubt b. Preponderance of evidence c. Substantial evidence d. Clear and convincing evidence B. Judicial Notice and Judicial Admissions 1. What Need Not be Proved 2. Matters of Judicial Notice a. Mandatory b. Discretionary 3. Judicial Admissions a. Effect of judicial admissions b. How judicial admissions may be contradicted 4. Judicial Notice of Foreign Laws, Law of Nations and Municipal Ordinance C. Object (Real) Evidence 1. Nature of Object Evidence 2. Requisites for Admissibility 3. Categories of Object Evidence 4. Demonstrative Evidence 5. View of an Object or Scene 6. Chain of Custody in Relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002 7. Rule on DNA Evidence (A.M. No. 06-11-5-SC) a. Meaning of DNA b. Applicable for DNA testing order c. Post-conviction DNA testing; remedy d. Assessment of probative value of DNA evidence and admissibility e. Rules on evaluation of reliability of the DNA testing Methodology


D. Documentary Evidence 1. Meaning of Documentary Evidence 2. Requisites for Admissibility 3. Best Evidence Rule a. Meaning of the rule b. When applicable c. Meaning of original d. Requisites for introduction of secondary evidence 4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC) a. Meaning of electronic evidence; electronic data massage b. Probative value of electronic documents or evidentiary weight; method of proof c. Authentication of electronic documents and electronic signatures d. Electronic documents and the hearsay rule e. Audio, photographic, video and ephemeral evidence 5. Parol Evidence Rule a. Application of the parol evidence rule b. When parole evidence can be introduced c. Distinctions between the best evidence rule and parol evidence rule 6. Authentication and Proof of Documents a. Meaning of authentication b. Public and private documents c. When a private writing requires authentication; proof of a private writing d. When evidence of authenticity of a private writing is not required (ancient documents) e. How to prove genuineness of a handwriting f. Public documents as evidence; proof of official record g. Attestation of a copy h. Public record of a public document i. Proof of lack of record j. How a judicial record is impeached k. Proof of notarial documents l. How to explain alterations in a document m. Documentary evidence in an unofficial language E. Testimonial Evidence 1. Qualifications of a Witness 2. Competency Versus Credibility of a Witness 3. Disqualifications of Witnesses a. Disqualification by reason of mental capacity or immaturity b. Disqualification by reason of marriage c. Disqualification by reason of death or insanity of adverse party d. Disqualification by reason of privileged communications (1) Husband and wife (2) Attorney and client (3) Physician and patient (3) and penitent (4) Public officers Parental and filial privilege rule 4. Examination of a Witness a. Rights and obligations of a witness b. Order in the examination of an individual witness (1) Direct examination (2) Cross examination (3) Re-direct examination (4) Re-cross examination (5) Recalling the witness c. Leading and misleading questions d. Methods of impeachment of adverse partys witness e. How the witness is impeached by evidence of inconsistent statements (laying the predicate) f. Evidence of the good character of a witness


5. Admissions and Confessions a. Res inter alios acta rule b. Admission by a party c. Admission by a third party d. Admission by a co-partner or agent e. Admission by a conspirator f. Admission by privies g. Admission by silence h. Confessions i. Similar acts as evidence 6. Hearsay Rule a. Meaning of hearsay b. Reason for exclusion of hearsay evidence c. Exceptions to the hearsay rule (1) Dying declaration (2) Declaration against interest (3) Act or declaration about pedigree (4) Family reputation or tradition regarding pedigree (5) Common reputation (6) Part of the res gestae (7) Entries in the course of business (8) Entries in official records (9) Commercial lists and the like (10) Learned treaties (11) Testimony or deposition at a former trial1avvphi1 7. Opinion Rule a. Opinion of expert witness b. Opinion of ordinary witness 8. Character Evidence a. Criminal cases b. Civil cases 9. Rule on Examination of a Child Witness (A.M. No. 004-07-SC) a. Applicability of the rule b. Meaning of "child witness" c. Competency of a child witness d. Examination of a child witness e. Live-link TV testimony of a child witness f. Videotaped deposition of a child witness g. Hearsay exception in child abuse cases h. Sexual abuse shield rule i. Protective orders F. Offer and Objection 1. Offer of Evidence 2. When to Make an Offer 3. Objection 4. Repetition of an Objection 5. Ruling 6. Striking Out of an Answer 7. Tender of Excluded Evidence G. Supreme Court Rulings as of December 2010 VII. Revised Rules on Summary Procedure A. Cases covered by the Rule B. Effect of failure to answer C. Preliminary conference and appearances of parties VIII. Katarungang Pambarangay


A. Cases covered B. Subject matter for amicable settlement C. Venue D. When parties may directly go to court E. Execution F. Repudiation IX. Rule of Procedure for Small Claims Cases (AM No. 08-8-7-SC) A. Scope and applicability of the Rule B. Commencement of small claims action; Response C. Prohibited pleadings and motions D. Appearances E. Hearing; duty of the judge F. Finality of judgment X. Rules of Procedure for Environmental Cases (AM No. 09-6-8-SC) A. Scope and Applicability of the Rule B. Civil Procedure 1. Prohibition against Temporary Restraining Order and Preliminary Injunction 2. Pre-trial Conference; Consent Decree 3. Prohibited Pleadings and Motions 4. Temporary Environmental Protection Order (TEPO) 5. Judgment and Execution; Reliefs in a citizens suit 6. Permanent Environmental Protection Order; Writ of continuing mandamus 7. Strategic Lawsuit against Public Participation C. Special Proceedings 1. Writ of Kalikasan 2. Prohibited pleadings and motions 3. Discovery measures 4. Writ of Continuing Mandamus D. Criminal Procedure 1. Who may file 2. Institution of criminal and civil action 3. Arrest without warrant, when valid 4. Procedure in the custody and disposition of seized items 5. Bail 6. Arraignment and Plea 7. Pre-trial 8. Subsidiary liabilities E. Evidence 1. Precautionary principle 2. Documentary evidence IMPORTANT NOTE: This bar coverage description is not intended and should not be used by law schools as a syllabus or course outline in the covered subjects. It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar examinations are guided on what basic and minimum amounts of laws, doctrines, and principles they need to know and be able to use correctly before they can be licensed to practice law. More is required for excellent and distinguished work as members of the Bar.


PART I. CIVIL PROCEDURE Rules 1 71

I. GENERAL PRINCIPLES

CONCEPT OF REMEDIAL LAW Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW Substantive law creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action. Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts. As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from remedial law which provides or regulates the steps by which one who commits a crime is to be punished. RULE-MAKING POWER OF THE SUPREME COURT Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court shall have the power to: promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts; admission to the practice of law; the Integrated Bar; and legal assistance to the underprivileged LIMITATIONS OF THE RULE-MAKING POWER OF THE SUPREME COURT (1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases (2) They shall be uniform for all courts of the same grade (3) They shall not diminish, increase, or modify substantive rights (Sec. 5[5], Art. VIII, Constitution). (4) The power to admit attorneys to the Bar is not an arbitrary and despotic one, to be exercised at the pleasure of the court, or from passion, prejudice or personal hostility, but is the duty of the court to exercise and regulate it by a sound and judicial discretion. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES When compelling reasons so warrant or when the purpose of justice requires it = discretionary upon courts. Reasons that would warrant the suspension: (a) the existence of special or compelling circumstances (b) merits of the case (c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules (d) a lack of ay showing that the review sought is merely frivolous and dilatory (e) the other party will not be unjustly prejudiced thereby To relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure and the mere invocation of substantial justice is not a magical incantation that will automatically compel the Court to suspend procedural rules. Where substantial and important issues await resolution. When transcendental matters of life, liberty or state security are involved. The constitutional power of the Supreme Court to promulgate rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court.


NATURE OF PHILIPPINE COURTS Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal. WHAT IS A COURT It is an organ of government belonging to the judicial department the function of which is the application of the laws to the controversies brought before it as well as the public administration of justice. It is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the State enforces its sovereign rights and powers. It is a board or tribunal which decides a litigation or contest. COURT DISTINGUISHED FROM JUDGE A court is a tribunal officially assembled under authority of law; a judge is simply an officer of such tribunal; A court is an organ of the government with a personality separate and distinct from the person or judge who sits on it; A court is a being in imagination comparable to a corporation, whereas a judge is a physical person; A court may be considered an office; a judge is a public officer; and The circumstances of the court are not affected by the circumstances that would affect the judge. CLASSIFICATION OF PHILIPPINE COURTS Regular courts engaged in the administration of justice are organized into four (4) levels: (a) First Level (MTCs, MeTCs, MCTCs) which try and decide (1) criminal actions involving: violations of city or municipal ordinances committed within their respective territorial jurisdiction; and offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine and regardless of other imposable accessory or other penalties, and (2) civil actions including ejectment, recovery of personal property with a value of not more than P300,000 outside MM or does not exceed P400,000 in MM; (b) Second Level (RTCs, Family Courts) courts of general jurisdiction among the civil actions assigned to them by law are those in which the subject of litigation is actions incapable of pecuniary estimation actions involving title to or possession of real property where the assessed value of the property exceeds P20,000 outside MM or exceeds P50,000 in MM, except actions for ejectment (forcible entry and unlawful detainer), where the demand exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses, and cost, or the value of the personal property or controversy exceeds P300,000 outside MM or exceeds P400,000 in MM. exercise appellate jurisdiction review cases appealed from courts of the first level. (c) Third Level (Court of Appeals, Sandiganbayan) CA is an appellate court reviewing cases appealed to it from the RTC on questions of fact or mixed questions of fact and law decisions of the RTC in the exercise of original jurisdiction i. as a matter of right ii. as a matter of discretion. Occasionally, CA may act as a trial court, as in actions praying for the annulment of final and executor judgments of RTCs on the ground of extrinsic fraud subsequently discovered, against which no other remedies lies. Sandiganbayan has jurisdiction over all criminal and civil cases involving o graft and corrupt practices act o such other offenses committed by public officers and employees including those in GOCCs in relation to their office.


It also has exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs whether in the exercise of their own original or appellate jurisdiction over criminal and civil cases committed by public officers or employees including those in GOCCs in relation to their office. (d) Fourth Level (Supreme Court)

COURTS OF ORIGINAL AND APPELLATE JURISDICTION a) 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. b) MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate jurisdiction. RTC is likewise a court of original jurisdiction with respect to cases originally filed with it; and appellate court with respect to cases decided by MTCs within its territorial jurisdiction. (Sec. 22, BP 129). c) CA is primarily a court of appellate jurisdiction with competence to review judgments of the RTCs and specified quasi-judicial agencies (Sec. 9[3], BP 129). It is also a court of original jurisdiction with respect to cases filed before it involving issuance of writs of certiorari, mandamus, quo warranto, habeas corpus, and prohibition. CA is a court of original and exclusive jurisdiction over actions for annulment of judgments of RTCs (Sec. 9 [1],[2], BP 129).

d) The SC is fundamentally 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 (Sec. 5[1], Art. VIII, Constitution). The Supreme Court en banc is not an appellate court to which decisions or resolutions of a division of the Supreme Court may be appealed. COURTS OF GENERAL AND SPECIAL JURISDICTION a) Courts of general jurisdiction are those with competence to decide on their own jurisdiction and to take cognizance of all cases, civil and criminal, of a particular nature. Courts of special (limited) jurisdiction are those which have only a special jurisdiction for a particular purpose or are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind. b) A court may also be considered general if it has the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions. It is in the context that the RTC is considered a court of general jurisdiction. CONSTITUTIONAL AND STATUTORY COURTS a) A constitutional court is one created by a direct Constitutional provision. Example of this court is the SC, which owes its creation from the Constitution itself. Only the SC is a Constitutional court. b) A statutory court is one created by law other than the Constitution. All courts except the SC are statutory courts. SB was not directly created by the Constitution but by law pursuant to a constitutional mandate. COURTS OF LAW A court of law decides a case according to the existing laws. COURTS OF EQUITY A court of equity adjudicates a controversy according to the common precepts of what is right and just without inquiring into the terms of the statutes. PRINCIPLE OF JUDICIAL HIERARCHY a) This is an ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. This is an established policy necessary to avoid inordinate demands upon the Courts time and attention which are better devoted to those matters within its exclusive jurisdiction, and to preclude the further clogging of the Courts docket (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the Philippines).


b) A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. The SC is a court of last resort. It cannot and should not be burdened with the task of deciding cases in the first instances. Its jurisdiction to issue extraordinary writs should be exercised only where absolutely necessary or where serious and important reasons exist. c) Petitions for the issuance of extraordinary writs against first level courts should be filed with the RTC and those against the latter with the CA. A direct invocation of the SCs original jurisdiction to issue these writs should be allowed only where there are special and important reasons therefore, clearly and specifically set out in the petition.

d) The doctrine of hierarchy of courts may be disregarded if warranted by the nature and importance of the issues raised in the interest of speedy justice and to avoid future litigations, or in cases of national interest and of serious implications. Under the principle of liberal interpretations, for example, it may take cognizance of a petition for certiorari directly filed before it. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY a) Courts of equal and coordinate jurisdiction cannot interfere with each others orders. Thus, the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review. b) This doctrine applies with equal force to administrative bodies. When the law provides for an appeal from the decision of an administrative body to the SC or CA, it means that such body is co-equal with the RTC in terms of rand and stature, and logically beyond the control of the latter.

II. JURISDICTION Jurisdiction the power and authority of the court to hear, try and decide a case. JURISDICTION OVER THE PARTIES a) The manner by which the court acquires jurisdiction over the parties depends on whether the party is the plaintiff or the defendant b) Jurisdiction over the plaintiff is acquired by his filing of the complaint or petition. By doing so, he submits himself to the jurisdiction of the court. c) Jurisdiction over the person of the defendant is obtained either by a valid service of summons upon him or by his voluntary submission to the courts authority. d) The mode of acquisition of jurisdiction over the plaintiff and the defendant applies to both ordinary and special civil actions like mandamus or unlawful detainer cases. HOW JURISDICTION OVER PLAINTIFF IS ACQUIRED Acquired when the action is commenced by the filing of the complaint. This presupposes payment of the docket fees HOW JURISDICTION OVER DEFENDANT IS ACQUIRED Jurisdiction over the person of the defendant is required only in an action in personam; it is not a prerequisite in an action in rem and quasi in rem. In an action in personam, jurisdiction over the person is necessary for the court to validly try and decide the case, while in a proceeding in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided the latter has jurisdiction over the res. By voluntary appearance of the defendant, without service of summons or despite a defective service of summons. The defendants voluntary appearance in the action shall be equivalent to service of summons. Instances when appearance of defendant is not tantamount to voluntary submission to the jurisdiction of the court: (a) when defendant files the necessary pleading; (b) when defendant files motion for reconsideration of the judgment by default; (c) when defendant files a petition to set aside the judgment of default; (d) when the parties jointly submit a compromise agreement for approval of the court; (e) when defendant files an answer to the contempt charge; (f) when defendant files a petition for certiorari without questioning the courts jurisdiction over his person.


JURISDICTION OVER THE SUBJECT MATTER It is the power to deal with the general subject involved in the action, and means not simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case belongs. It is the power or authority to hear and determine cases to which the proceeding is question belongs. When a complaint is filed in court, the basic questions that ipso facto are to be immediately resolved by the court on its own: (a) What is the subject matter of their complaint filed before the court? (b) Does the court have jurisdiction over the said subject matter of the complaint before it? Answering these questions inevitably requires looking into the applicable laws conferring jurisdiction. JURISDICTION VERSUS EXERCISE OF JURISDICTION Jurisdiction is the power or authority of the court. The exercise of this power or authority is the exercise of jurisdiction. ERROR OF JURISDICTION VS. ERROR OF JUDGMENT An error of jurisdiction is one where the act complained of was issued by the court without or in excess of jurisdiction. It occurs when the court exercises a jurisdiction not conferred upon it by law, or when the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack or jurisdiction. An error of judgment is one which the court may commit in the exercise of its jurisdiction. As long as the court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than mere errors of judgment. Errors of judgment include errors of procedure or mistakes in the courts findings. Errors of judgment are correctible by appeal; errors of jurisdiction are correctible only by the extraordinary writ of certiorari. Any judgment rendered without jurisdiction is a total nullity and may be struck down at any time, even on appeal; the only exception is when the party raising the issue is barred by estoppel. When a court, tribunal, or officer has jurisdiction over the person and the subject matter of the dispute, the decision on all other questions arising in the case is an exercise of that jurisdiction. Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgment. Under prevailing procedural rules and jurisprudence, errors of judgment are not proper subjects of a special civil action for certiorari. HOW JURISDICTION IS CONFERRED AND DETERMINED Jurisdiction is a matter of substantive law because it is conferred by law. This jurisdiction which is a matter of substantive law should be construed to refer only to jurisdiction over the subject matter. Jurisdiction over the parties, the issues and the res are matters of procedure. The test of jurisdiction is whether the court has the power to enter into the inquiry and not whether the decision is right or wrong. It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in the case. If the court finds that it has jurisdiction, it is the duty of the court to exercise the jurisdiction conferred upon it by law and to render a decision in a case properly submitted to it. It cannot decline to exercise its jurisdiction. Failure to do so may be enforced by way of mandamus proceeding. Note: Jurisdiction over the subject matter is conferred by substantive law which may either be a Constitution or statute; while jurisdiction over the subject matter is determined by the allegations of the complaint regardless of whether or not the plaintiff is entitled to the claims asserted therein. DOCTRINE OF PRIMARY JURISDICTION Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. The objective is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question or some aspect of some question arising in the proceeding before the court. DOCTRINE OF ADHERENCE OF JURISDICTION / CONTINUITY OF JURISDICTION Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. This principle also means that once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching


in the first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case. Even the finality of the judgment does not totally deprive the court of jurisdiction over the case. What the court loses is the power to amend, modify or alter the judgment. Even after the judgment has become final, the court retains jurisdiction to enforce and execute it.

OBJECTION TO JURISDICTION OVER THE SUBJECT MATTER When it appears from the pleadings or evidence on record that the court has no jurisdiction over the subject matter, the court shall dismiss the same. (Sec. 1, Rule 9). The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction. Jurisdiction over the subject matter may be raised at any stage of the proceedings, even for the first time on appeal. When the court dismisses the complaint for lack of jurisdiction over the subject matter, it is common reason that the court cannot remand the case to another court with the proper jurisdiction. Its only power is to dismiss and not to make any other order. Under the omnibus motion rule, a motion attacking a pleading like a motion to dismiss shall include all grounds then available and all objections not so included shall be deemed waived. The defense of lack of jurisdiction over the subject matter is however, a defense not barred by the failure to invoke the same in a motion to dismiss already filed. Even if a motion to dismiss was filed and the issue of jurisdiction was not raised therein, a party may, when he files an answer, raise the lack of jurisdiction as an affirmative defense because this defense is not barred under te omnibus motion rule. EFFECT OF ESTOPPEL ON OBJECTION TO JURISDICTION The active participation of a party in a case is tantamount to recognition of that courts jurisdiction and will bar a party from impugning the courts jurisdiction. The general rule remains: a courts lack of jurisdiction may be raised at any stage of the proceedings even on appeal. The Sibonghanoy applies only to exceptional circumstances. Doctrine of estoppels by laches (in relation to objections to jurisdiction) = the SC barred a belated objection to jurisdiction that was raised only after an adverse decision was rendered by the court against the party raising the issue of jurisdiction and after seeking affirmative relief from the court and after participating in all stages of the proceedings. This doctrine is based upon grounds of public policy and is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. The SC frowns upon the undesirable practice of submitting ones case for decision, and then accepting the judgment only if favorable, but attacking it for lack of jurisdiction if it is not. JURISDICTION OVER THE ISSUES It is the power of the court to try and decide issues raised in the pleadings of the parties. An issue is a disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision. Where there is no disputed point, there is no issue. Generally, jurisdiction over the issues is conferred and determined by the pleadings of the parties. The pleadings present the issues to be tried and determine whether or not the issues are of fact or law. i. may also be determined and conferred by stipulation of the parties as when in the pre-trial, the parties enter into stipulations of facts and documents or enter into agreement simplifying the issues of the case. ii. may also be conferred by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. Here the parties try with their express or implied consent issues not raised by the pleadings. The issues tried shall be treated in all respects as if they had been raised in the pleadings. JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION Jurisdiction over the res refers to the courts jurisdiction over the thing or the property which is the subject of the action. Jurisdiction over the res may be acquired by the court a) by placing the property or thing under its custody (custodia legis) (the seizure of the thing under legal process whereby it is brought into actual custody of law). Example: attachment of property. b) through statutory authority conferring upon it the power to deal with the property or thing within the courts territorial jurisdiction (institution of a legal proceeding wherein the power of the court over the


thing is recognized and made effective). Example: suits involving the status of the parties or suits involving the property in the Philippines of non-resident defendants.

JURISDICTION OF THE SUPREME COURT Criminal Cases Exclusive original jurisdiction Petitions for certiorari, prohibition and mandamus against CA and Sandiganbayan Concurrent jurisdiction a) With the CA and RTC: petitions for certiorari, prohibition and mandamus against the MTC b) With the CA: petitions for certiorari, prohibition and mandamus against the RTC Appellate jurisdiction By petition for review on Certiorari from the CA, Sandiganbayan and from the RTC where only error or question of law is involved Note: In PP vs. Mateo (2004), the SC held that while the Fundamental Law requires a mandatory review by the SC of cases where the penalty imposed is reclusion perpetua, life imprisonment or death, nowhere however, has it proscribed an intermediate review. If only to ensure utmost circumspection before the penalty of reclusion perpetua, life imprisonment or death is imposed, the Court now deems it wise and compelling to provide in these cases a review by the CA before the case is elevated to the SC. A prior determination by the CA on, particularly, the factual issues, would minimize the possibility of an error of judgment. If the CA should affirm the penalty of reclusion perpetua, life imprisonment or death, it could then render judgment imposing the corresponding penalty as the circumstances so warrant, refrain from entering judgment and elevate the entire records of the case to the SC for final disposition. Civil Cases Exclusive original jurisdiction in petitions for certiorari, prohibition and mandamus against the CA, COMELEC, COA, CTA, Sandiganbayan Concurrent jurisdiction a. With Court of Appeals in petitions for certiorari, prohibition and mandamus against the RTC, CSC, Central Board of Assessment Appeals, NLRC, Quasi-judicial agencies, and writ of kalikasan, all subject to the doctrine of hierarchy of courts. b. With the CA and RTC in petitions for certiorari, prohibition and mandamus against lower courts and bodies and in petitions for quo warranto, and writs of habeas corpus, all subject to the doctrine of hierarchy of courts. c. With CA, RTC and Sandiganbayan for petitions for writs of amparo and habeas data d. Concurrent original jurisdiction with the RTC in cases affecting ambassadors, public ministers and consuls. Appellate jurisdiction by way of petition for review on certiorari (appeal by certiorari under Rule 45) against CA, Sandiganbayan, RTC on pure questions of law and CTA in its decisions rendered en banc. in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court; and all cases in which the jurisdiction of any court is in issue; all criminal cases which the penalty imposed is reclusion perpetua or higher; all cases in which an error or question of law is involved Exceptions in which factual issues may be resolved by the Supreme Court: (a) When the findings are grounded entirely on speculation, surmises or conjectures; (b) When the inference made is manifestly mistaken, absurd or impossible; (c) When there is grave abuse of discretion; (d) When the judgment is based on misapprehension of facts; (e) When the findings of facts are conflicting;


(f) When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (g) When the findings are contrary to the trial court; (h) When the findings are conclusions without citation of specific evidence on which they are based; (i) When the facts set forth in the petition as well as in the petitioners main and reply briefs are not disputed by the respondent; (j) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and (k) When the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion.

JURISDICTION OF THE COURT OF APPEALS Criminal Cases Exclusive original jurisdiction Actions for annulment of judgment of the RTCs Crimes of Terrorism under Human Security Act of 2007 Concurrent original jurisdiction a) With the SC: petitions for certiorari, prohibition and mandamus against the RTCs b) With the SC and RTC: petitions for certiorari, prohibition and mandamus against the MTC Appellate jurisdiction Notice of Appeal: a) From the RTC in the exercise of its original jurisdiction, except those appealable to the Sandiganbayan b) From the RTC where penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua or life imprisonment is imposed (Sec. 3, Rule 122 as amended by AM No. 00-5-03-SC). Automatic Review (i.e. no notice of appeal is necessary) from the RTC in cases wherein the death penalty is imposed. Petition for Review from the RTC in cases appealed thereto from the lower courts and not applealable to the Sandiganbayan. Civil Cases Exclusive original jurisdiction in actions for the annulment of the judgments of the RTC. Concurrent original jurisdiction a. With SC to issue writs of certiorari, prohibition and mandamus against the RTC, CSC, CBAA, other quasijudicial agencies mentioned in Rule 43, and the NLRC (however, this should be filed with the CA as per St. Martin Funeral Home case), and writ of kalikasan. b. With the SC and RTC to issue writs of certiorari, prohibition and mandamus (CPM) against lower courts and bodies and writs of quo warranto, habeas corpus, whether or not in aid of its appellate jurisdiction, and writ of continuing mandamus on environmental cases. c. With SC, RTC and Sandiganbayan for petitions for writs of amparo and habeas data where the action involves public data or government office Exclusive appellate jurisdiction a. by way of ordinary appeal from the RTC and the Family Courts. b. by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction. c. by way of petition for review from the decisions, resolutions, orders or awards of the CSC, CBAA and other bodies mentioned in Rule 43 and of the Office of the Ombudsman in administrative disciplinary cases.


d. over decisions of MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction; this is because decisions of MTCs in these cases are appealable in the same manner as decisions of RTCs. Note: There is no action to annul the decision of the CA JURISDICTION OF THE COURT OF TAX APPEALS (UNDER RA 9282 AND RULE 5, AM 05-11-07-CTA) Exclusive original or appellate jurisdiction to review by appeal a. Decisions of CIR in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR; b. Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial; c. Decisions, orders or resolutions of the RTCs in local taxes originally decided or resolved by them in the exercise of their original or appellate jurisdiction; d. Decisions of the Commissioner of Customs i. in cases involving liability for customs duties, fees or other charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or ii. other matters arising under the Customs law or other laws, part of laws or special laws administered by BOC; e. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; f. Decision of the secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the government under Sec. 2315 of the Tariff and Customs Code; g. Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or not to impose said duties. Exclusive original jurisdiction 1) Over all criminal cases arising from violation of the NIRC of the TCC and other laws, part of laws, or special laws administered by the BIR or the BOC where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less that P1M or where there is no specified amount claimed (the offenses or penalties shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate); 2) In tax collection cases involving final and executory assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M tried by the proper MTC, MeTC and RTC. Exclusive appellate jurisdiction 1) In criminal offenses a. over appeals from the judgment, resolutions or orders of the RTC in tax cases originally decided by them, in their respective territorial jurisdiction, and b. over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction; 2) In tax collection cases a. over appeals from the judgments, resolutions or orders of the RTC in tax collection cases originally decided by them in their respective territorial jurisdiction; and b. over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs in their respective jurisdiction.


JURISDICTION OF THE SANDIGANBAYAN Original jurisdiction in all cases involving 1) Violations of RA 3019 (Anti-Graft and Corrupt Practices Act) 2) Violations of RA 1379 (Anti-Ill-Gotten Wealth Act) 3) Sequestration cases (E.O. Nos. 1,2,14,14-A) 4) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the principal accused are occupying the following positions in the government, whether in permanent, acting or interim capacity at the time of the commission of the offense: a. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (RA 6758) b. Members of Congress and officials thereof classified as G-27 and up under RA 6758 c. Members of the Judiciary without prejudice to the provisions of the Constitution d. Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the Constitution e. All other national and local officials classified as Grade 27 and higher under RA 6758 f. Other offenses or felonies committed by the public officials and employees mentioned in Sec. 4(a) of RA 7975 as amended by RA 8249 in relation to their office g. Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14-A (Sec. 4, RA 8249) Concurrent original jurisdiction with SC, CA and RTC for petitions for writs of habeas data and amparo

JURISDICTION OF THE REGIONAL TRIAL COURTS Criminal Cases Exclusive original jurisdiction 1) Offenses punishable with imprisonment which exceeds 6 years imprisonment 2) Offenses not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive jurisdiction of the Sandiganbayan Note: In cases where the only penalty is fine, the amount thereof shall determine jurisdiction. If the amount exceeds P4,000, the RTC has jurisdiction. 3) Family Court Criminal Cases a) One or more of the accused is/are below 18 years old but not less than 9 years old; b) Where one of the victims is a minor at the time of the commission of the offense; c) Cases against minors cognizable under the Dangerous Drugs Act; d) Violations of RA 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act as amended by RA 7658; and e) Cases of domestic violation against women and their children. Appellate Jurisdiction All cases decided by the MTC in their respective territorial jurisdiction.

Civil Cases Exclusive original jurisdiction 1) The action is incapable of pecuniary estimation (such as rescission of contract) 2) Title to, possession of, or interest in, real property with assessed value exceeding P20,000 outside Metro Manila, or exceeds P50,000 in Metro Manila 3) If the amount involved exceeds P300,000 outside MM or exceeds P400,000 in MM in the following cases: i. Admiralty and maritime cases ii. Matters of Probate (testate and intestate) iii. Other actions involving property


4) Cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions (general jurisdiction of RTC) 5) All actions involving the contract of marriage and family relations a) Jurisdiction of Family Courts (RA 8369) a) Petitions for guardianship, custody of children and habeas corpus involving children b) Petitions for adoption of children and the revocation thereof c) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains d) Petitions for support and/or acknowledgment e) Summary judicial proceedings brought under the provisions of EO 209 (Family Code) f) Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cognizable under PD 603, EO 56 (1986) and other related laws g) Petitions for the constitution of the family home h) In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the RTC (RA 8369) 6) To hear and decide intra-corporate controversies Sec. 52, Securities and Regulations Code): a) Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the SEC b) Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation , partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity c) Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee. Concurrent jurisdiction a) with the Supreme Court in actions affecting ambassadors, other public ministers and consuls b) with the SC and CA in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto, habeas corpus, and writ of continuing mandamus on environmental cases c) with the SC, CA and Sandigabayan in petitions for writs of habeas data and amparo d) With Insurance Commissioner claims not exceeding P100,000 Appellate jurisdiction over cases decided by lower courts in their respective territorial jurisdictions except decisions of lower courts in the exercise of delegated jurisdiction. Special jurisdiction SC may designate certain branches of RTC to try exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases not falling within the jurisdiction of any quasi-judicial body and other special cases in the interest of justice.

JURISDICTION OF METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL COURTS Criminal cases


Exclusive original jurisdiction 1) Cases covered by Summary proceedings a) Violations of city or municipal ordinances including traffic laws b) Violation of rental law c) Violation of traffic laws, rules and regulations d) Violation of BP 22 (Bouncing Check Law) effective April 15, 2003 e) All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or P100,000 fine irrespective of other penalties arising therefrom and the offenses involving damage to property through criminal negligence where the imposable fine is not exceeding P10,000. 2) 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 the 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 (Sec. 2, RA 7691). 3) Offenses involving DAMAGE TO PROPERTY through CRIMINAL NEGLIGENCE b) Note: In cases where the only penalty is fine, the amount thereof shall determine jurisdiction. If the amount does not exceed P4,000, the MTC has jurisdiction. Civil actions Exclusive original jurisdiction

1) If the amount involved does not exceed P300,000 outside MM or does not exceed P400,000 in MM in the following cases: i. Actions involving personal property ii. Probate Proceeding (testate and intestate) based on gross value of the estate iii. Admiralty and maritime cases iv. Demand for money Note: Do not include Interest, Damages of whatever kind, Attorneys fees, Litigation Expenses, and Costs (IDALEC). However, in cases where the claim or damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court. 2) As Actions involving title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000 outside MM or does not exceed P50,000 in MM 3) Inclusion and exclusion of voters 4) Those governed by the Rules on Summary Procedure a) Forcible entry and unlawful detainer (FEUD) With jurisdiction to resolve issue of ownership to determine ONLY issue of possession Irrespective of the amount of damages or unpaid rentals sought to be recover Where attorneys fees are awarded, the same shall not exceed P20,000 b) Other civil cases, except probate proceeding, where the total amount of the plaintiffs calim does not exceed P200,000 in MM, exclusive of interests and costs. Special jurisdiction over petition for writ of habeas corpus OR application for bail in criminal cases in the absence of all RTC judges in the province or city Delegated jurisdiction to hear and decide cadastral and land registration cases where there is no controversy over the land or in case of contested lands, the value does not exceed P100, 000

SHARIAH COURTS Exclusive jurisdiction 1) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws;


2) All cases involving disposition, distribution and settlement of estate of deceased Muslims, probate of wills, issuance of letters of administration of appointment administrators or executors regardless of the nature or aggregate value of the property; 3) Petitions for the declaration of absence and death for the cancellation and correction of entries in the Muslim Registries; 4) All actions arising from the customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and 5) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus and all other auxiliary writs and processes in aid of its appellate jurisdiction Concurrent jurisdiction 1) Petitions of Muslim for the constitution of the family home, change of name and commitment of an insane person to an asylum 2) All other personal and legal actions not mentioned in par 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive jurisdiction of the MTC. 3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims Cases that can be files: 1) Offenses defined and punished under PD 1083 2) Disputes relating to: i. Marriage ii. Divorce iii. Betrothal or breach of contract to marry iv. Customary dowry (mahr) v. Disposition and distribution of property upon divorce vi. Maintenance and support and consolatory gifts (muta) vii. Restitution of marital rights 3) Disputes relative to communal properties

JURISDICTION OVER SMALL CLAIMS 1) MTCs, MeTCs and MCTCs shall have jurisdiction over actions for payment of money where the value of the claim does not exceed P100,000 exclusive of interest and costs (Sec. 2, AM 08-8-7-SC, Oct. 27, 2009). 2) Actions covered are a. purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and b. the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 (Sec. 4, AM 08-8-7-SC). These claims may be: i. For money owed under the contracts of lease, loan, services, sale, or mortgage; ii. For damages arising from fault or negligence, quasi-contract, or contract; and iii. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim pursuant to Sec. 417 of RA 7160 (LGC).

CASES COVERED BY RULES ON SUMMARY PROCEDURE (SEC. 1, RSP) Civil Cases 1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorneys fees are awarded, the same shall not exceed P20,000; 2) All other cases, except probate proceedings where the total amount of the plaintiffs claim does not exceed P100,000 (outside MM) or P200,000 (in MM), exclusive of interest and costs. Criminal Cases 1) Violations of traffic law, rules and regulations; 2) Violation of the rental law;


3) All other criminal cases where the penalty prescribed is imprisonment not exceeding six (6) months, or fine not exceedint P1,000, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom, provided, that in offenses involving damage to property through criminal negligence, RSP shall govern where the imposable fine does not exceed P10,000. RSP does not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.

CASES COVERED BY THE RULES ON BARANGAY CONCILIATION The Lupon of each barangay shall have the authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes except: 1) 2) 3) 4) 5) 6) Where one party is the government or any subdivision or instrumentality thereof Where one party is a public officer or employee, and the dispute relates to the performance of his official functions Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P5,000 Offenses where there is no private offended party Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice Any complaint by or against corporations, partnerships, or juridical entities. The reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically: i. A criminal case where the accused is under police custody or detention ii. A petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf iii. Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin and support pendente lite iv. Where the action may be barred by statute of limitation Labor disputes or controversies arising from employer-employee relationship Where the dispute arises from the CARL Actions to annul judgment upon a compromise which can be directly filed in court.

7) 8) 9)

10) 11) 12)

TOTALITY RULE Where there are several claims or causes of actions between 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 claims of action, irrespective of whether the causes of action arose out of the same or different transactions (Sec. 33[1], BP 129).

III. CIVIL PROCEDURE ACTIONS Action (synonymous with suit) is the legal and formal demand of ones right from another person made and insisted upon in a court of justice. The kinds of actions are ordinary and special, civil and criminal, ex contractu and ex delicto, penal and remedial, real, personal, and mixed action, action in personam, in rem, and quasi in rem.

ORDINARY CIVIL ACTIONS, SPECIAL CIVIL ACTIONS, CRIMINAL ACTIONS Ordinary civil action is one by which one party sues another, based on a cause of action, to enforce or protect a right, or to prevent or redress a wrong, whereby the defendant has performed an act or omitted to do an act in violation of the rights of the plaintiff. (Sec. 3a) The purpose is primarily compensatory.


Special civil action actions which while governed by the rules for ordinary civil actions, are subject to special rules provided for Special Civil Actions Criminal action is one by which the State prosecutes a person for an act or omission punishable by law (Sec. 3[b], Rule 1). The purpose is primarily punishment.

CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS The purpose of an action is either to protect a right or prevent or redress a wrong. The purpose of special proceeding is to establish a status, a right or a particular fact. PERSONAL ACTIONS AND REAL ACTIONS An action is real when it affects title to or possession of real property, or an interest therein. All other actions are personal actions. An action is real when it is founded upon the privity of real estate, which means that the realty or an interest therein is the subject matter of the action. The issues involved in real actions are title to, ownership, possession, partition, foreclosure of mortgage or condemnation of real property. Not every action involving real property is a real action because the realty may only be incidental to the subject matter of the suit. Example is an action for damages to real property, while involving realty is a personal action because although it involves real property, it does not involve any of the issues mentioned. Real actions are based on the privity of real estates; while personal actions are based on privity of contracts or for the recovery of sums of money. The distinction between real action and personal action is important for the purpose of determining the venue of the action. A real action is local, which means that its venue depends upon the location of the property involved in the litigation. A personal action is transitory, which means that its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. LOCAL AND TRANSITORY ACTIONS A local action is one founded on privity of estates only and there is no privity of contracts. A real action is a local action; its venue depends upon the location of the property involved in litigation. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated (Sec. 1, Rule 4). Transitory action is one founded on privity of contracts between the parties. A personal action is transitory, its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. A personal action may be commenced and tried where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendants resides, or in the case of non-resident defendant, where he may be found, at the election of the plaintiff. (Sec. 2, Ru

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