I. September 4, 2020 (YES.

They are co-equal court— it must be a

higher court)
Note: if it is italicized that is a lectured part. 18. Are the rulings of the ombudsman in the
determination of probable cause, can it be
1. The Rule-Making power of the Supreme Court subject to review by courts as a general rule?
2. What is the jurisdiction of the Supreme Court (Specified Contractors case) [NO]
under the constitution? a. Exception — grave abuse of discretion
3. Can the congress come up with a law to amend 19. Jurisdiction over the subject matter: How do we
the rules of court? know who has jurisdiction over what case?
a. Why not? What is the legal basis? (Depends on what the law provides)
4. Does this mean that compliance with the rules 20. What law do we look at to determine which
of court is merely directly? (as opposed to court has jurisdiction? (Law at the time the
mandatory) cause of action accrues or the law at the time
5. Why is it mandatory? the action was commenced in court) [Cang v.
6. What the exceptions to the rule that CA]
compliance with the rules of court is 21. Original Jurisdiction of the MTC under BP 129
mandatory? (Sarmiento v. Zaratan and Labao a. When does the MTC exercise delegated
Case) jurisdiction?
7. What is the Angara model (Gios-Samar case) b. Jurisdiction for real actions
8. What do you mean by original jurisdiction? i. Where will you find the assessed
9. How is it different from appellate jurisdiction? value:
10. What is meant by exclusive original jurisdiction?  Tax Declaration
a. Example ii. Do you need to allege it in the
11. What is mean by concurrent original? complaint? (yes)
12. What is the principle of hierarchy of courts? iii. What if you don’t allege it but you
a. What is the reason for this rule? attached the assessed value?
b. What are the exceptions to this rule? (Sufficient)
13. What is the expanded jurisdiction of the iv. Not attached and not alleged— it is
Supreme Court (Gios-Samar) uncertain which court has
a. Look at Rule 65, Section 1 (Only those jurisdiction.
exercising judicial and quasi-judicial 22. Original Jurisdiction of the RTC
functions) “Any instrumentality of the 23. In what instances does the MTC exercise special
government” (found in the constitution) jurisdiction?
b. Note: the basis on whether an action is
subject to certiorari will depend on whether It exercises special jurisdiction to hear habeas corpus
it exercises quasi-judicial/judicial functions cases. In BP 129, it provides that if there are no RTC
(then Rule 65, Section and the constitution judges then the MTC will have special jurisdiction to
is the legal basis). If not then the only legal hear habeas corpus. Note however that the law says “to
basis is the constitution (“any hear” not “to be filed”. It means that the case shall still
instrumentality of the government”) be filed in the RTC but if there are no judges— they will
14. What is jurisdiction? transfer the records to the MTC and afterwards, the
a. 4 aspects of jurisdiction MTC will hear the case.
15. What is the principle of adherence of
jurisdiction? 24. What about the annulment of judgment of the
16. What is the principle of exhaustion of MTC, is that an appellate jurisdiction of the
administrative remedies? RTC? (Original)
a. Exceptions (Sps. Gonzales case) *Note: RTC is a court of general jurisdiction.
17. What is the doctrine of non-
interference/judicial stability (Tan Cinco case) 25. Original jurisdiction of the Court of Appeals
a. Is it correct to say then, that an RTC in ______________________________________________
Parañaque cannot issue an injunction to
restrain a decision of an RTC Makati Court? Barangay Conciliation Proceedings
The law provides for case that are exempted from proceeding. You went to the barangay, can you
Barangay conciliation proceedings, and jurisprudence file an oral complaint with the Barangay? (Yes)
recognizes that it does not make a list of those included — Oral or written complaint is allowed
but rather of a list of those excluded. 8. The Lupon chairman will be the one to preside
over the case, what will he do first?
1. What are these cases?
2. Does this involve corporations? (No) He will issue summons to the respondent together with
3. What if the penalty prescribed is 1 month but the witnesses he may produce. Once they’ve attended,
the person is already imprisoned, does he still he will act as a mediator.
need to resort to barangay conciliation
proceedings. (no) 9. Does that mean that the Pulong chairman will
4. If the case falls under Barangay Conciliation not render a decision? As a mediator, does he
proceedings (unlawful) but they did not resort render a decision like a court? (No)
to the barangay and they went straight to the
court, does this act deprive the court of No he will not because he is only a mediator. So the
jurisdiction to hear the case? parties cannot be compelled to enter into an amicable
settlement.
No because jurisdiction is provided by law and the law
provides that the MTC has exclusive original jurisdiction 10. So they didn’t enter into an amicable settlement
over ejectment cases so even if there is no prior resort within 10 days, what will happen next?
to Barangay conciliation proceedings, the MTC has
exclusive original jurisdiction over unlawful detainer. There will first be the constitution of the Pangkat Taga-
pagpamayapa.
However, under the case of (Limbingan[?]) failure to
resort to prior barangyay conciliation proceedings is not 11. How many members are in the pangkat? (3)
jurisdictional but it is a ground to dismiss the case for a. Where do you get the 3 members?
failure to resort to a condition precedent. From the lupon

So Barangay Conciliation Proceedings is a condition So class, every time there is a dispute, that is the time
precedent, if you don’t comply with this, your case is that the pangkat is constituted because the parties
susceptible to dismissal. choose the members of the pangkat from the Lupon. So
every dispute there is a different pangkat.
5. Can you give another example under the family
code that requires compliance with condition 12. The pangkat, do they act as court (rendering
precedent, such that if you don’t comply with it, judgment) or are they like the mediators?
your case would also be susceptible to
dismissal? The pangkat acts as mediators. They cannot compel the
parties.
In cases where there are disputes between members of
the family. They cannot go to court without first 13. Can there be arbitration proceedings before the
exhausting earnest efforts to enter into a compromise. Barangay?
(art. 151 FC)
Yes. If you look at the local government code, it
6. How many members are there in the Lupong categorically provides that at any time, the parties may
Tagapamayapa? agree in writing to submit their case to arbitration.

The members should be residents of the Barangay and It means that at the barangay level, there are two ways
they are constituted every 3 years. by which the parties can resolve their dispute:
1. Through amicable settlement
7. Let’s say you have a dispute with Mr. Magalang. 2. If they agree in writing to submit the case to
He borrowed 2000 from you. You went to him arbitration
and demanded for his debt but he refused. You a. The Lupon will now act as an arbitral
threatened him to a barangay conciliation tribunal
 b. The parties agree to abide by the arbitral b. Civil cases where total amount claimed by
award plaintiff does not exceed 100,000 (OMM) and
200,000 (WMM)
When you have an arbitral tribunal, the tribunal will
render a decision like a court. That is the instance where 2. In small claims, how much is the threshold amount?
the lupon chairman or the pangkat can act like a judge a. Not exceeding 400,000 (Metropolitan Trial
by acting as an arbitral tribunal. This can happen at any Courts)
stage of the proceedings. So even if they are already in b. Not exceeding 300,000 (MTC, MCTC, MTCC)
the pangkat conducting proceedings for amicable
settlement and the parties decide to pursue arbitration Note the difference. In Small claims it is not within or
instead, they can do that. without of Metro Manila but the court where the case is
filed.
You can have 2 resolutions.
a. Arbitral Award 3. What if the collection of sum of money is the
b. Agreement for amicable settlement — if none amount of 150,000 which court has jurisdiction over
then there is a certification to file an action. the case? — Metropolitan Trial Court

In the amicable settlement, is it valid for the creditor to The common mistake of students is that if it goes
accept a lesser value? Yes. beyond 100,000 in summary procedure, they
automatically think it’s the RTC. That’s not the case.
Within what period can she enforce that amicable Summary procedure or small claims is not jurisdictional.
settlement with the barangay? 6 months. Beyond 6 It only talks about the process by which we will resolve
months she cannot do it anymore with the barangay. the case. If its summary procedure, there are set of
rules how it will be resolved. BUT THE JURISDICTION IS
What if the amicable settlement is signed by threat, SET FOR BY BP 129 and as long as it does not exceed
force or intimidation? — It can be repudiated within 10 300,000 for outside metro manila, and 400,000 within
days from the amicable settlement. metro manila, it is the MTC that has jurisdiction.

Grounds for Repudiation: There must be fraud, The amount of 150,000 if in metro manila can fall under
intimidation, and violence. summary procedure. It can also fall under small claims.
There is an overlap. The party can choose. But he should
7 months have lapsed and the debtor hasn’t paid yet. know the difference between the two.
She made it known that she wont pay. What is the
remedy? Ex: In summary procedure you can have lawyers, in
- Small claims (enforcement of barangay small claims no.
conciliation settlement)
- You can only enforce the value in the arbitration In summary procedure, the pleading to be filed to
(settlement amount). commence the action is a complaint.
- If she wants to enforce the original claim he can
claim under 2041 of the NCC when a party 4. From the filing of the complaint, what will the court
refuses to comply with the settlement, the do in summary procedure?
original party has the option to treat is as a. The court will look at the allegations in the
rescinded. You will file a case for collection of complaint and will see if there are grounds to
sum of money. dismiss. When there is a ground such as
prescription. The court can dismiss outright.

Summary Procedure 5. Are motions to dismiss allowed in summary

procedure?
1. What are the cases that fall under summary a. NO.
procedure?
a. Unlawful detainer or forcible entry 6. What are the prohibited pleadings and motions in
summary procedure?
 a. Petition for certiorari, prohibition and
mandamus assailing the interlocutory order.

7. Is it correct to say that all motions to dismiss are

prohibited in summary procedure?
a. No. MTD on the ground ofLack of jurisdiction
over subject matter or failure to comply with