Glen Tuason

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Transcript of Glen Tuason

  • PART I: CIVIL PROCEDURE Jurisdiction

    Stuff to take note of in jurisdiction:

    x What is the definition of jurisdiction? x Jurisdiction over the case or the subject matter? (Subject matter jurisdiction) x Jurisdiction over the person or the defendant? x Know the rules on filing fees.

    N.B. vis--vis for criminal cases:

    x Definition the same, as conferred by law, except you have to add that venue is jurisdictional. Territory is intertwined with jurisdiction, unlike in civil cases, where parties can agree on venue or it can be subject to waiver.

    x Jurisdiction over the offense. This is essentially the same as jurisdiction over subject matter. x Jurisdiction over the person. This is jurisdiction over the person of the accused. x Filing fees are not necessary. x What is the definition of jurisdiction?

    o The power of the court to hear, try, or decide the case o As conferred by law

    x How will the court know that it has jurisdiction? o From the allegations of the complaint. o What if the defense interposes claims or defenses outside the jurisdiction of the court?

    It does not divest the court of its jurisdiction; otherwise, jurisdiction will be at the mercy of the defense. x Where do you take jurisdiction over the case?

    o Conferred by law as well. o Study BP 129, amended by RA 7691.

    Do not assume that RA 7691 tells all. There are other laws too. x Distinguish jurisdiction from venue:

    o Jurisdiction is the power to hear and decide a case. Venue is where the action is instituted and tried. o Venue can be waived; jurisdiction, not.

    x Distinguish errors of jurisdiction from errors of judgment: o When a court takes cognizance of a case over the subject matter of which it has no jurisdiction, it commits an error of

    jurisdiction. It is reviewable by certiorari. o When a court makes errors in the exercise of such jurisdiction, it is just an error of judgment, reviewable by appeal.

    x What is the jurisdiction of the RTC? o 1. Right/title/interest over real property, where value is: Value is > 20K (OMM), > 50K (MM)

    Claim for ejectment due to unpaid rentals of over 400K. Which has jurisdiction? x MTC. Ejectment is always under MTC, regardless of the claim over unpaid rentals.

    Recovery of possession, not ejectment. Fair market value of property is 1.5M. The assessed value of the property is 80,000. Property is located in MM. Which has jurisdiction?

    x RTC, based on assessed value (not FMV) which is over 50K. Recovery of possession does not necessarily mean ejectment (ex. Accion publiciana).

    x Value is determined by assessed value if it involves right, title, or interest Ouano case?

    x There was discussion whether FMV or assessed value dictates. Assessed value wins. o 2. Amount incapable of pecuniary estimation

    Examples: rescission, reformation of contract, specific performance Is expropriation capable of pecuniary estimation?

    x Expropriation is always filed with the RTC. Though the subject matter is capable of pecuniary estimation, the action is exclusively instituted in the RTC.

    What about declaratory relief? x RTC always has jurisdiction, and the SC does not except when there is an issue of constitutionality. x There is no such thing as determination of value; just a determination of validity.

    What about support? x Even if its amount can be determined, the law confers it to the Family Courts.

    Foreclosure of mortgage?

  • x Two views: one says that its always with the RTC, because it only covers the security of the property. The original action is always for recovery of money.

    x The other view is that it must be governed by the value of the security. o 3. Family cases/marriage

    Includes support, annulment, nullity, etc. o 4. Juvenile/agrarian case o 5. Other claims, where claim exceeds 300K (OMM) or 400K (MM)

    The original text gives lower values. When was it adjusted? x Original costs took effect March 25, 1994 x 1999 adjusted OMM from 100K to 200K x 2004 adjusted both MM and OMM to 400K and 300K respectively

    Always take note of the word exceeding so the exact amount is for the lower court. o 6. Probate of will, determination of inheritance same amounts

    Considering that the MTC has jurisdiction over probate cases, at times, what if the value of the estate is 100K? Can the probate of a will be subject to summary procedure?

    x No. The rules on summary procedure explicitly exclude probate proceedings. Note that the MTC has a number of procedures. There are ordinary proceedings and summary proceedings,

    and now, small claims. x So the not exceeding 100K (OMM) and not exceeding 200K (MM) only applies for summary

    proceedings. But it explicitly excluded probate proceedings. What is the jurisdiction of the MTC over small claims?

    x Not exceeding 100K. o 7. Admiralty cases same amounts o 8. All cases not within the exclusive jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial

    functions x In determining the 300K/400K, can you include damages, interest, attorneys fees, litigation costs, etc?

    o NO. Only limit the amount to the demand or the claim. The totality rule only covers purely money claims, and does not include incidental claims.

    o But remember that there can be a principal action for damages, in which the amount of damages claimed determines the amount. This is not covered by RA 7691, this is covered by 95-9-94.

    x Small claims o What is the amount?

    Not exceeding 100K. o Is there a distinction between OMM and MM in small claims?

    No. o What should be included in the 100K?

    The claim itself. Exclusive of damages What if the principal action is for damages?

    x Does not apply. Actions for damages are not covered by small claims actions, because these have to be ascertained. These are not akin to sum-of-money cases.

    o Does it cover quasi-delicts? Yes. (Covers: fault/negligence, quasi-contract, or contract)

    o What if it arises from commission of an offense? Yes for the civil aspect of such (fault/negligence). Just remember that when you file a criminal case, the civil aspect is likewise filed (unless reserved, waived, or

    filed ahead). So it cannot be the subject of small claims. BUT if it is filed ahead or reserved, then it can be the subject of an action for small claims.

    o What, therefore, are the actions covered by small claims? A. Money owed under:

    x Contract of lease x Contract of loan x Contract for services x Contract of sale x Contract of mortgage

    B. Damages from: x Fault or negligence x Quasi-contract x Contract

  • C. Enforcement of a barangay amicable settlement o Do you need a lawyer to file the complaint? Do you need to prepare a regular complaint?

    No need for a lawyer. There is also a standard form provided. o What must be filed in the MTC to commence the claim?

    1. Accomplished and verified Statement of Claim (Form 1-SCC) 2. CNFS 3. 2 photocopies of the actionable document 4. Affidavits of witnesses and other evidence Is joinder allowed?

    x Yes, as long as the aggregate amount doesnt exceed 100K o What is the next step?

    1. Court may dismiss the small claim 2. Otherwise, it issues summons on the same day directing respondent to submit a verified response 3. Court also issues a notice to both parties directing them to appear for hearing on a specified date with warning

    against unjustified postponement. 4. Respondent submits verified response within 10 days from receipt of summons, with photocopies of

    documents and affidavits of witnesses. x What if there is no response?

    o Court grants the claim. o But may reduce the amount of damages claimed, if excessive.

    o When is a counterclaim allowed requisites? 1. It is within the coverage of the small claims court, exclusive of interests and costs 2. Arises from the same transaction or event as plaintiffs claim 3. Does not require joinder of third parties 4. Not subject of another pending action What if the defendant fails to raise such counterclaim?

    x It is barred. o How will you address the problem where the claim is for sum of money not exceeding 100K, and it is outside

    MM? There is an overlap here between summary procedure and small claims procedure. Which is preferred? This is still open for discussion, and is not yet clear. Sir suggests that the option is upon the complainant, since there is concurrent jurisdiction of both small claims

    court and court of summary procedure. o How is the hearing conducted?

    The judge first attempts to arrive at mediation, conciliation, early neutral evaluation, or any mode of JDR. Failing that, the JDR judge also proceeds to hearing, which must terminate within 1 day.

    x N.B. Sec. 21 of BP 129, as amended, provides that the RTC has concurrent original jurisdiction for: o 1. Certiorari, prohibition, mandamus, quo warranto, habeas corpus, injunction, enforceable within respective regions o 2. Actions affecting ambassadors, other public ministers, and consuls

    x What is the MTC jurisdiction? o Just the opposite of everything in RTC o Then just add ejectment/unlawful detainer o How do you know whether its ejectment/UD or claim over real property or a title therein?

    If the issue is just possession, its E/UD. If it involves rights of the parties to the property, then its not. x What is the jurisdiction of the CA?

    o It has both original and appellate jurisdiction. o Original: habeas corpus, habeas data, certiorari, prohibition, mandamus, quo warranto, writ of amparo, annulment of

    judgment of RTC N.B. Its original jurisdiction is exclusive as regards annulment of judgm