Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.

Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.

Factors that influence negotiation:

a. Fear of litigation by potential litigants

b. Fear of incurring unnecessary expenses of litigation
c. Fear of suffering mental torture, anxiety, social humiliation, character assassination and family ruin
d. Desire on the part of the lawyers to rake fat incentives without undergoing tedious court hearings
e. Psychological pressure induced by court warnings and active participation

Fear of litigation

- To all potential litigants, the nightmare of court litigation with the propensity of wrecking their family lives
and the future of their children, is simply stressful and dreadful.
- The most common remark that can be heard from the mouth of a potential litigant is “You go to court and
I will see you there!”. These remarks/verbal outbursts are:
o mere figure of speech blurted out to release a tension that had been building up inside the party’s
ego, although they are not actually meant by the speaker.
o a product of reverse psychology or that she means otherwise, and that in truth and in fact, deep
inside she resents a court litigation because the moment she gets entangled into a court case, she
knows fully well that the bundle of dollar bills she has been hoarding for the past several years,
will go into the pocket of a lawyer and/or will answer all kinds of damages that are demanded in
Plaintiff’s pleadings.
o meant to test the adverse party’s reaction in the expectation that he (adverse party) will begin to
feel that the challenger’s threat might turn into action, hence, he’d better propose an amicable
settlement.

Negotiation

- Is essentially conciliatory in nature participated in by two or more parties usually with the assistance of
their respective counsels.
- May be initiated by counsels themselves from either or both sides, who propose overtures on the terms and
conditions for the settlement of a controversy or justiciable issue, progressing into a bilateral hard
bargaining over the table.
- May be conducted by lawyers of both parties even without a special authority subject to the ratification by
the client, or with the latter’s prior authority before the terms become the basis of an out of court
settlement.
- May also serve as a key to judicial action that precedes a compromise agreement

Fear of incurring unnecessary expenses incident to litigation process

- Potential litigants, reveals that almost everyone of them is hounded by the prospect of incurring expenses of
litigation, particularly the exorbitant fees of their lawyers.
- Countless litigants who have after undergoing the travails and harrowing experience of prolonged court
battles, become destitutes and mentally unbalanced.
o When this is heard by a prospective client, he becomes paranoid and would begin to pressure his
lawyer to do something, almost anything including the employment of an immoral or illegal
course of action or defense to stop an impending court confrontation.

Fear of suffering mental torture, anxiety, social humiliation

- The client is gripped by the feeling of insecurity, needing the lawyer’s company more than ever to give him
reassurance of a favorable judgment from the courts.

GROUP 5 1
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
- The lawyer when confronted by this type of client must be on guard with his ethics, lest he will be tempted
to make false promises and pursue an illegal and immoral course of action just to please his client.
- Nevertheless, negotiation should be pursued with no let up, not only to end the client’s paranoia, but also
because it is the cheapest vehicle to prevent a brewing litigation.

Desire by the lawyer to rake fat remuneration

- Uppermost in the mind of a practicing lawyer with seldom or very rare exceptions, is to rake handsome fees
(these bunch of money-making crocodiles), who do not care whether their clients are indigents or paupers.
- There are decent practitioners who really take their profession at heart and are always willing to offer their
services pro bono. These rare breed of practicing lawyers are still the remnants of who were known to be
“advocates of the poor” as they were lawyers by profession who used to defend the poor and the destitute.
- There is a caveat against the right of a lawyer to charge the professional fees that are due him, and that they
must not be unconscionable or champertous.

So when the stakes are high and the job and the job more challenging, the natural tendancy would be for a
lawyer to put more pressure to himself by resorting to a less strenuous approach in the solution of the problem
before him.

In brief, it is the desire of every lawyer that if he could realize much the same if not more lucre through
negotiation, than by undergoing a tedious court trial, he would prefer to pursue the former option.

Impelling force exerted by third parties to gain unusual advantage from out of court settlement

- There are persons who not being lawyers, act as brokers or agents who are interested in realizing fat
commissions. They are of the aggressive breed of unscrupulous money makers and mercenary workers who
volunteer their services to lawyers and prospective litigants by making proposals to the adverse party in the
hope of receiving a slice from the carcass, or fruits of a favorable verdict, so to speak.
- When relations between the potential clients are strained or their lawyers are too proud to make the first
move, it is advisable to hire the services of experienced brokers for the purpose of pushing the parties to the
negotiating table.
- There are a good number of this fly-by-night operators who ply their trade behind the back of the judges,
most of whom are found right then and there working as personnel and members of court staff.
- As long as their acts do not border on bribery or corrupt practices and their basic duties are not neglected,
they contribute a large part in settling controversies out of court.

Presiding Judge as effective negotiator

 There are Judges who go out on their way in forging amicable settlement between parties litigants, without
showing any tendency of favoring either party.
 They themselves play an active role of chief negotiator and master of ceremonies by breaking the ice
between parties litigants.
 They are the unsung heroes of the judiciary the upright breed of tria judges who shun publicity and whose
sole ambition is service above self, and to declog their courts dockets.
 One cardinal virtue comsidered sine-qua-non to effective negotiation is a reputation for integrity and
sincerity.
 When the judge becomes the leader in negotiation process, he usually shows his unusual, interest in the
early disposal of the case and delivering the reliefs prayed for by the parties.

Pre-trial conference a keystone to abbreviate litigation

GROUP 5 2
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.

 During the pre-trial stage the role of the Judge becomes more dominant and proves his skill and
competence as an effective negotiator and dispenser of justice.
 Under the Rules of Court, pre-trial conference is mandatory in the RTC.
 It is in the pre-trial stage that the Judge's leadership and mettle in judicial statesmanship is tested and is
badly needed.

Advance opinion of presiding Judge not pre-judgment

 It is a misimpression and wrong conclusion to say that simply because the presiding Judge has made a
comment about his position or off-hand opinion on the matter pending before him, he has already pre-
judged the case.
 As the late Justice Antonio Barredo had aptly said, "To a certain extent, in a pre-trial, you have to announce
more or less what might be the law on the point and the chances of being success or failure in either case.
That is the only way you can influence the parties to come to an agreement. To me prejudgment means you
form your own opinion before you have read the pleadings. You come to know of a case and before you
have read any of the pleadings, you are already in favor of the defendant or of the plaintiff as the case may
be. That is prejudgment. But when you tell from the pleadings whether the law is, that is not pre-judgment.
It is advance judgment. There lies the distinction."
 If the parties or their counsels give a negative answer, when asked whether they come to an amicable
settlement, the Judge must not immediately issues an order to proceed to the trial without exhausting all
avenues for settlement, but must start the negotiation process by asking questions, proposing terms and
conditions and a final solution to the problem before him to the satisfaction of the parties until they have
come to an agreement.

Preliminary Conference pursuant to Rule 48 precedes pre-trial

AM No. 03-0-09-SC

PRIMARY PURPOSE:The primary purpose of the Preliminary Conference is to encourage the parties in a Civil
Case to enter into an amicable settlement or compromise agreement.

1. PRE-TRIAL
A. Civil Case
Upon recipt of complaint
1.1 Summons shall be prepared
1.2 Court shall issue an order requiring parties to avail modes of discovery under the Rules of Court

2. The parties shall submit at least 3 days before the pre-trial and pre-trial briefs containing the following :

a. Statement of their willingness to enter into amicable settlement

b. admission and stipulation of facts
c. issues to be tried and resolved
d. documents or exhibits to be presented and stating the purpose thereof
e. manifestation to avail discovery procedure or referal to commissioner
f. number and names of witness

GROUP 5 3
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
Q: How is this done?

A: By referring them to the PMC for mediation if available, if this will fail or if not available then the COC will try
to assist the parties to reach a settlement.

Also, the court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. If not,
the judge may confer with the parties with the opposing counsel to consider the following:

a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner of
compromise is considered acceptable to the defendant at the present stage?

b. Given the evidence of the defendant described in his pre-trial brief to support his defense, what manner of
compromise is considered acceptable to the plaintiff at the present stage?

If not successful, the court shall confer with the party and his counsel separately.

If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the
same purpose of settlement.

OTHER PURPOSE: Simplification of the facts and issues.

During the preliminary conference the COC will ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of the documents marked as exhibits. This will be included in the minutes of
preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

Q: WHAT WILL HAPPEN IF THE PARTIES WILL FAIL TO SETTLE?

A: The Judge shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of exhibits
or substituted photocopies and admissions on the genuineness and due execution of documents;

b. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if
warranted;

c. Inquire if the pleadings are in order. If not, order the amendments if necessary;

d. Inquire if interlocutory issues are involved and resolve the same;

e. Consider the adding or dropping of parties;

f. Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto and the
contents of documents and all other evidence identified and pre-marked during pre-trial in determining further
admissions of facts and documents.To obtain admissions, the court shall:

 ask the parties to submit the depositions taken under Rule 23;
 the answer to written interrogations under Rule 25; and
 the answers to request for admissions by the adverse party under Rule 26.
 It may also require the production of documents or things requested by a party under rule 27 and of the results
of the physical and mental examination of persons under rule. 28;

g. Define and simplify the factual and legal issues arising from the pleadings. Uncontroverted issues and frivolous
claims or defenses should be eliminated.

h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the
pre-trial or a judgment based on the pleadings, evidence identified and admissions made during pre-trial;

GROUP 5 4
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
i. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. 1-89 dated January
19, 1989; adhere to the case flow chart determined by the court, which shall contain the different stages of the
proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. The
One-Day Examination of Witness Rule, that is, a witness has to be fully examined in one (1) day only, shall be
strictly adhered to subject to the courts' discretion during trial on whether or not to extend the direct and/or cross-
examination for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal
offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose
his objection thereto. Thereafter, the Judge shall make the ruling on the offer of evidence in open court. However the
judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132;

j. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness
Rule).

k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies subject to the right to
object to inadmissible portions thereof and to the right of cross-examination by the other party.

l. Require the parties and/or counsel to submit to the Branch COC the names, addresses and contact numbers of the
witnesses to be summoned by subpoena;

m. Order the delegation of the reception of evidence to the Branch COC under Rule 30; and

n. Refer the case to a trial by commissioner under Rule 32

B. Criminal Cases

Arraignment

Before arraignment

• the record of preliminary investigation shall be submitted to the branch COC

• the branch COC will attach the same to the records of the case
• if accused is under preventive detention:
o raffling of case and transmittal of record to the designated judge – within 3 days from filing of
complaint or information.
o Arraignment – within 10 days from the date of raffle
o Pre-trial – within 10 days after arraignment, unless shorter period is provided.

After arraignment

• Setting of pre-trial within 30 days from date of arraignment by the Court

• Issuance or order:
1. Requiring the appearance of the offended party for purposes of plea-bargain (except for violations
of Comprehensive Drugs Act of 2002) and for other matters requiring his presence;
2. Referral of the case to the Branch COC, if warranted for preliminary conference to be set at least 3
days prior to pre-trial to mark the documents or exhibits to be presented by the parties and copies
thereof to be attached to the records after comparison and to consider other matters as may add in
its prompt disposition; and
3. Informing the parties that no evidence shall be allowed to be presented and offered during the trial
other than those identified and marked during the pre-trial except when allowed by the court for
good cause shown. A copy of the order shall be attached as “E”.

GROUP 5 5
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
• In mediatable cases, the judge shall refer the parties and their counsels to the PMC unit for purposes of
mediation if available.

Preliminary Conference

Before Preliminary Conference

• The judge must study all the pleadings of the case, and determine the issues thereof and the respective
positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable
settlement of the case, or, at the very least to help reduce and limit the issues.
• The judge should not allow the termination of pre-trial simply because of the manifestation of the parties that
they cannot settle the case. He should expose the parties to the advantages of pre-trial. He must also be
mindful that are other important aspects of pre-trial that ought to be taken up to expedite the disposition of
the case.
• The judge with all tact, patience, impartiality and with due regard to the rights of the parties shall endeavor
to persuade them to arrive at settlement of the dispute.
• The court shall initially ask the parties and their lawyers if an amicable settlement of thee case is possible. If
not, the judge may confer the parties with the opposing counsel to consider the following:
1. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner
of compromise is considered acceptable to the defendant at the present stage?
2. Given the evidence of the defendant described in his pre-trial brief to support his defense, what
manner of compromise is considered acceptable to the plaintiff at the present stage?
 If party is not successful, the court shall confer the party and his counsel separately.
 Of the manner of the compromise is not acceptable, the judge shall confer with the parties
without their counsel for the same purposes of settlement.

• If all efforts to settle fail, the trial judge shall:

- Same as stated in case of civil cases (a-i) see page 4

During preliminary conference

• The Branch COC shall:

1. assist the parties in reaching a settlement of the civil aspect of the case;
2. mark the documents to be presented as exhibits and copies thereof attached to the records after
comparison;
3. ascertain from the parties the undisputed facts and admissions on the genuineness and due execution
of documents marked as exhibits; and
4. consider such other matters as may aid in the prompt disposition of the case.
• The proceedings shall be marked as Minutes of the Preliminary Conference to the case be signed by both
parties and counsel.
• The Minutes and exhibits shall be attached by the Branch COC to the case record before the pre-trial.

S.C. Circular No. 1-89 dated January 19, 1989

A. Pre-trial elements:
a. The parties shall submit at least 3 days before the conference pre-trial briefs containing the following:
1. Brief statement of the parties’ respective claims and defenses;
2. The number of witnesses to be presented;
3. An abstract of the testimonies of witnesses to be presented by the parties, and the approximate
number of hours that will be required by them for the presentation of their respective evidence.
4. Copies of all documents intended to be presented;
5. Admissions;
GROUP 5 6
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
6. Applicable law and jurisprudence;
7. The parties’ respective statements of the issues; and
8. The available dates of counsel for complete evidence presentation, which must be within a period
of three months from the first day of trial.

b. At the pre-trial conference:

1. The judge with all tact and patience shall endeavor to persuade the parties to arrive at the settlement
of the dispute, or agree to stipulation of facts including the authenticity of documents to be submitted
during the trial;
2. The judge shall then define the factual issues arising from the pleadings and endeavor to narrow
them down to material issues;
3. Of only legal issues are presented, the judge shall require the parties to submit their respective
memorandum on the issues, and shall render judgment thereon;
4. If a trial is to be conducted, the judge shall fix the necessary dates to complete presentation of
evidence by both parties within 90 days from initial hearing.

c. The pre-trial order shall include the following:

1. A statement of the nature of the case;
2. The stipulation or admissions of the parties, including testimonial and documentary evidence;
3. The issue involved: a) factual; and b) legal;
4. Number of witnesses ;
5. The dates of trial.

d. This is without prejudice to a finding that either judgment on the pleadings or summary judgment is
appropriate;

e. Failure to file pre-trial briefs may be given the same effect as failure to appear at pre-trial.

B. Filing of the Complaint.

- Matter is brought to the court when all avenues for negotiation and amicable settlement have failed for the
protection of the client’s interest.

If the counsel had:

1. completed the final phase of interview with the client;
2. gathered the necessary documentary evidence in support of the complaint to be filed in court;
3. formulated the theory he is going to pursue based on the evidence and witnesses;
4. confirmed if what provisions of law squarely apply to the given state of facts and set of evidence as a result of
his interview and research.

The next step is ascertain if which court or quasi-judicial body has jurisdiction over the initiatory pleading to be
filed.

a) Jurisdiction
- It is the power of the court to decide a matter in controversy and presupposes the existence if a duly
constituted court with control over the subject matter and parties.
- The authority to head and determine a cause or right in a case

b.) Territorial Jurisdiction

- Power of the court to exercise jurisdiction to adjudicate cases committed or which occurred within the
territory defined by law or the Supreme Court.

GROUP 5 7
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
c) Jurisdiction over the Subject Matter
- Power to hear and determine cases of the general class to which the proceedings in questions belong.
- It is conferred by law.
- Objection based on the lack of jurisdiction cannot be waived by the parties.

d) Jurisdiction over the person

- -Power of the court or quasi-judicial agency or administrative body to subject the person of the defendant
or respondent and to bind him of all judgments and orders of said court.
- Acquired by either the voluntary submission or appearance of the party, or by coercive power or legal
process exerted over the person of the defendant or respondent.

e) Jurisdiction over the res or property

- Obtained by a seizure of the property under legal process of the court.
- Jurisdiction may be attained by constructive service of process.

f) Mode of acquiring jurisdiction

- Jurisdiction over the subject matter is acquired/conferred by law which is enacted by the mandate of
sovereign authority which creates the court.
- Jurisdiction over the person is acquired by either the voluntary submission or appearance of the party to the
authority and control of the court, or quasi-judicial body, or by the coercive power or legal process exerted
over the person of the defendant or respondent.
- Jurisdiction cannot be the subject of agreement of the parties.

In criminal cases, the courts must have jurisdiction over:

a) subject matter of the offense
b) territory wherein one of the essential ingredients of the offense took place; and
c) the parties.

g) Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts

(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the
demand does not exceed One hundred thousand pesos (P300,000.00) or, in Metro Manila where such personal
property, estate, or amount of the demand does not exceed Four hundred thousand pesos (P400,000.00) exclusive of
interest damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That where there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of action arose out of the same or different transactions;

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

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

GROUP 5 8
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
h) Cases to which Rule on Summary Procedure applies

A. Civil Cases:

a) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals
sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos
(P20,000.00).
(2) All other cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed one
hundred thousand pesos (P100,000.00) or two hundred thousand pesos (P200,000.00) in Metropolitan Manila,
exclusive of interest and costs."

B. Criminal Cases

(1) Violations of traffic laws, rules and regulations;

(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not
exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving
damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed
ten thousand pesos (P10,000.00).

i) Jurisdiction of Regional Trial Courts

a. Original And Exclusive Jurisdiction

The Regional Trial Courts shall exercise exclusive original jurisdiction in the following:

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

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

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds Three hundred
thousand pesos (P300,000.00) or, in Metro Manila, where such demand or claim exceeds Four hundred
thousand pesos (400,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds Three
hundred thousand pesos (P300,000.00) or, in probate matters in Metro Manila, where such gross value
exceeds Four hundred thousand pesos (400,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions;

GROUP 5 9
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile
and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs or the value of the property in controversy exceeds Three hundred thousand
pesos (300,000.00) or, in such other abovementioned items exceeds Four hundred thousand pesos
(400,000.00). (as amended by R.A. No. 7691*)

j) Criterion In Determining Whether Or Not Subject Is Not Capable of Pecuniary Estimation

Where the basic issue is something other than the right to recover a sum of money, where the money claim is purely
incidental to, or a consequence of the principal relief sought, he action is exclusively cognizable buy the Regional
Trial Courts as in a case of incapable of pecuniary estimation.

Examples of Actions Incapable of Pecuniary Estimation:

a.) Action for Annulment of marriage, contract of Deed of Declaration of Heirs;

b.) Action for Annulment for Partition of Land;
c.) Action for expropriation or eminent domain;
d.) Action for specific performance, support pendent lite;
e.) Action for annulment of judgment, annulment of mortgage, deed of sale and recover the price;
f.) Independent action for rescission of contract or as incident to action for specific performance;
g.) Action for declaration of absence, for foreclosure of mortgage ;
h.) Action for abatement of nuisance.

Jurisdiction of Court of Appeals

The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto,and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial
Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and
Exchange Commission, the Social Security Commission, the Employees Compensation Commission and
the Civil Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court
in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442,
as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4
of the fourth paragraph od Section 17 of the Judiciary Act of 1948.

The following are pleadings which must be verified:

a.) Petition for review on certiorari under Rule 45, and petition for certiorari under Rule 65;
b.) Petition for prohibition, mandamus, quo warranto, injunction;
c.) Petition for habeas corpus;
d.) Petition for change of name;
e.) Petition for voluntary dissolution of corporation;
f.) Complaint for forcible entry or unlawful detainer;
g.) Petition for appointment of general guardian;
h.) Petition for leave to sell or encumber estate of ward;
i.) Petition that competency of ward be judicially determined;
GROUP 5 10
Alpajora, Diana Joy N. Jabal, Joel Malcolm Quezon, Mark Lorenz C.
Gumtang, Lianne Meredith T. Latosa, Janine R. Viaña, Monaliza S.
j.) Complaint for replevin;
k.) Complaint with prayer for attachment;
l.) Answer to complaint for usury;
m.) Petition for adoption, hospitalization of insane;
n.) Petition filed or signed by a party litigant;
o.) Petition for custody of minor;
p.) Complaint with prayer for TRO;
q.) Complaint for appointment of receiver;
r.) Petition for probate of the will;
s.) Complaint for recovery of termination pay, reinstatement due to illegal dismissal under the Labor Code;
Memorandum of Appeal from decision of Labor Arbiter to NLRC;
t.) Complaint with prayer for TRO and preliminary injunction before the DARAB;
u.) Petition for Intestacy and for Distribution of estate of the deceased;
v.) Petition for registration of imperfect title under Act 496;
w.) Petition for registration of Articles of Incorporation with the SEC;
x.) Complaint for Damages with TRO and preliminary mandatory injunction arising from Defamation and
Libelous publications;
y.) Petition for reversion of private land to the public domain, covered by a fake or fraudulent certificate of
title;
z.) Complaint for annulment of title with TRO and damages;

In all of the foregoing initiatory pleadings, a certification on non-forum shopping is required to be embodied in
the body of the complaint/petition itself, or in a separate page, pursuant to Supreme Court Circular No. 04-94.
Failure to comply with the aforementioned Circular will cause the outright dismissal of the initiatory pleading.

GROUP 5 11