ORIGINAL JURISDICTION

> The power of the court to take judicial cognizance of a case instituted for judicial action for the first time
under conditions provided by law;

APPELLATE JURISDICTION
> The authority of the court higher in rank to re-examine the final order, judgment or a lower court which
tried the case now elevated for judicial review

EXCLUSIVE JURISDICTION
> Power to adjudicate a case or proceeding to the exclusion of other courts at that stage

CONCURRENT JURISDICTION
> Sometimes referred to as the coordinate jurisdiction which is the power conferred upon different courts
whether of the same or different ranks, to take cognizance at the state of the same case in the same or
different judicial territories
http://lex-estudyante.blogspot.com/2012/06/classification-of-jurisdiction.html

HABEAS CORPUS - Latin for "you [shall] have the body") is a legal action or writby means of which
detainees can seek relief from unlawful imprisonment.

https://en.wikipedia.org/wiki/Habeas_corpus_in_the_Philippines

RULE 102 HABEAS CORPUS Sec. 1. To what habeas corpus extends. - Except as otherwise expressly
provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention
by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld
from the person entitled thereto

QUO WARRANTO- A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used
to challenge an individual’s right to or authority over the position he or she holds.

Under Rule 66 of the Rules of Court, a quo warranto petition may be filed by the government or an
individual against “a person who usurps, intrudes into, or unlawfully holds or exercises a public office,
position or franchise.”

https://newsinfo.inquirer.net/973081/in-the-know-whats-a-quo-warranto-petition

Petition for certiorari

A petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues
that a lower court has incorrectly decided an important question of law, and that the mistake should be
fixed to prevent confusion in similar cases.

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion.
The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari
orders a lower court to deliver its record in a case so that the higher court may review it.

https://www.law.cornell.edu/wex/petition_for_certiorari

A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to
send the record of a proceeding for review.

https://en.wikipedia.org/wiki/Certiorari
Petition for Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In
practice, the court directs the clerk to issue the writ, and directs the sheriff to serve it on the
subordinate, and the clerk prepares the writ and gives it to the sheriff, who serves it. This writ is often
issued by a superior court to the lower court asking it not to proceed with a case which does not fall
under its jurisdiction.

https://en.wikipedia.org/wiki/Writ_of_prohibition

An order from a superior court to a lower court or tribunal directing the judge and the parties to cease
the litigation because the lower court does not have proper jurisdiction to hear or determine the
matters before it. A writ of prohibition is an extraordinary remedy that is rarely used.

https://legal-dictionary.thefreedictionary.com/writ+of+prohibition

Petition for Mandamus

Mandamus (/ˈmænˈdeɪməs/; Latin "we command") is a judicial remedy in the form of an order from a
superior court [1] to any government, subordinate court, corporation, or public authority, to do (or
forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing),
and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued
to compel an authority to do something against statutory provision. For example, it cannot be used to
force a lower court to reject or authorize applications that have been made, but if the court refuses to
rule one way or the other then a mandamus can be used to order the court to rule on the applications.

https://en.wikipedia.org/wiki/Mandamus

A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal,
corporation, Municipal Corporation, or individual to perform, or refrain from performing, a particular
act, the performance or omission of which is required by law as an obligation.

A writ or order of mandamus is an extraordinary court order because it is made without the benefit of
full judicial process, or before a case has concluded. It may be issued by a court at any time that it is
appropriate, but it is usually issued in a case that has already begun.

https://legal-dictionary.thefreedictionary.com/writ+of+mandamus

Officials holding the positions classified as Grade '27' under Compensation and Position Classification
Act of 1989

"(1) 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 (Republic
Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial
treasurers, assessors, engineers and other provincial department heads;

"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors
engineers and other city department heads;

"(c) Officials of the diplomatic service occupying the position of consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;

"(e) Officers of the Philippine National Police while occupying the position of provincial director and
those holding the rank of senior superintendent or higher;

"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations,

state universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation
and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the
Constitution; and

"(5) All other national and local officials classified as Grade'27'and higher under the Compensation and
Position Classification Act of 1989.
RA 6758: "Compensation and Position Classification Act of 1989."

Categorization of these classes of positions shall be guided by the following considerations:

(a) Professional Supervisory Category. - This category includes responsible positions of a managerial
character involving the exercise of management functions such as planning, organizing, directing,
coordinating, controlling and overseeing within delegated authority the activities of an organization, a
unit thereof or of a group, requiring some degree of professional, technical or scientific knowledge and
experience, application of managerial or supervisory skills required to carry out their basic duties and
responsibilities involving functional guidance and control, leadership, as well as line supervision. These
positions require intensive and thorough knowledge of a specialized field usually acquired from
completion of a bachelor's degree or higher degree courses.

The positions in this category are assigned Salary Grade 9 to Salary Grade 33.

(b) Professional Non-Supervisory Category. - This category includes positions performing task which
usually require the exercise of a particular profession or application of knowledge acquired through
formal training in a particular field or just the exercise of a natural, creative and artistic ability or talent
in literature, drama, music and other branches of arts and letters. Also included are positions involved in
research and application of professional knowledge and methods to a variety of technological,
economic, social, industrial and governmental functions; the performance of technical tasks auxiliary to
scientific research and development; and in the performance of religious, educational, legal, artistic or
literary functions.

These positions require thorough knowledge in the field of arts and sciences or learning acquired
through completion of at least four (4) years of college studies.

The positions in this category are assigned Salary Grade 8 to Salary Grade 30.
When is the subject matter “incapable of pecuniary estimation?”

Problem: Plaintiff files an action to rescind the contract, where do you file?
Answer: RTC since it is not capable of pecuniary estimation.
According to Prof. Bautista, unlawful detainer is effectively a rescission of a
contract. However, it must still be brought in the MTC.

Problem: Plaintiff files a case for specific performance of a contract to sell

involving P50,000. Where do you file?
Answer: RTC.

Problem: Plaintiff files a case for specific performance of a contract to sell

involving P50,000 with alternative prayer of P50,000 worth of damages. Where do you file?
Answer: Check jurisprudence. There are 2 scenarios:
(1) If the alternative prayer can be granted without granting the main prayer, the case is
capable of pecuniary estimation and should therefore be filed in the MTC (since the
amount of P 50,000.00 is within the jurisdictional limits of the MTC).
(2) However, if the alternative prayer cannot be granted without first determining the
main prayer, the case remains incapable of pecuniary estimation, and therefore the case
must be filed in the RTC.

A contract is renewable for 5 years. Plaintiff files an ejectment suit, alleging that the lease has
expired with the MTC. The defendant alleges as an affirmative defense that he is entitled to
renewal. The defendant files a Motion to Dismiss on the ground of lack of jurisdiction of the MTC
alleging that the RTC has jurisdiction since the subject matter is incapable of pecuniary
estimation. According to Prof. Bautista, the Supreme Court said that if it is an interpretation of
court, then the subject matter is not subject to pecuniary estimation.

Q : Action for rescission of K with prayer for damages amounting to P100T. What court has
jurisdiction? A : RTC

Q : What if damages sought is only P10T? A : RTC. Prayer for damages is incidental to action.

Q : What if action for rescission or P10T damages? A : MTC. The alternative prayer moots lack of
pecuniary estimation.

Q : What if action is for specific performance? A : RTC because incapable of pecuniary estimation.

Q : What is meant by sec 19 (1) of BP 129 “ in which the subject of litigation is incapable of pecuniary
estimation”? Should not the jurisdiction be determined by the allegations in the complaint and answer? Can
you determine the subject matter of the litigation from the complaint alone or also by consideration of all
pleadings?
A : Jurisdiction over the subject matter is conferred by law. It is determined by the amount pleaded in the
complaint under the totality ruling. Atty’s fees are included in the determination of the jurisdictional amount.
However, interest and cost of suit are excluded.

Q : An action for unlawful detainer on the ground of expiration of lease. The K of lease contained a
renewal clause which said that “this lease is renewable for a fixed term or for another year upon
mutual agreement of the parties.” There is a principle in law that provisions such as this mean that
it is renewable upon the option of the lessee. The defendant moved to dismiss on the ground that
the transaction is not capable of pecuniary estimation. How should the court rule?
A : When the subject matter of compromise is the expiration of the K, it is not capable of pecuniary action.
If you read BP 129, the jurisdiction of the RTC it is said that the subject matter of litigation cannot be
determined by complaint. Now where the subject matter is the rescission of mortgage, it is not capable of
pecuniary estimation. If your cause of action is specific performance or rescission together with damages,
there are 2 bases for determining jurisdiction.
 [I]n determining whether an action is one the subject matter of which is not capable
of pecuniary estimation this Court has adopted the criterion of first ascertaining the
nature of the principal action or remedy sought. If it is primarily for the recovery of a
sum of money, the claim is considered capable of pecuniary estimation, and whether
jurisdiction is in the municipal courts or in the courts of first instance would depend
on the amount of the claim. However, 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, this Court has considered such actions as
cases where the subject of the litigation may not be estimated in terms of money, and
are cognizable exclusively by courts of first instance (now Regional Trial
Courts).[13]]See also: Raymundo v. Court of Appeals, 213 SCRA 457 (1992).

Examples of actions incapable of pecuniary estimation are those for specific performance,
support, or foreclosure of mortgage or annulment of judgment;[14] also actions questioning the
validity of a mortgage,[15] annulling a deed of sale or conveyance and to recover the price
paid[16] and for rescession, which is a counterpart of specific performance.[17]
Pecuniary
Monetary; relating to money; financial; consisting of money orthat which can be valued in money.

RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER

Section 1. Who may institute proceedings, and when.Subject to the provisions of the next succeeding section, a person
deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration
or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives
or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful
deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or
persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.

Forcible entry and unlawful detainer are two distinct causes of action defined in Section 1, Rule 70
of the Rules of Court. In forcible entry, one is deprived of physical possession of any land or
building by means of force, intimidation, threat, strategy, or stealth. In unlawful detainer, one
unlawfully withholds possession thereof after the expiration or termination of his right to hold
possession under any contract, express or implied. In forcible entry, the possession is illegal from
the beginning and the only issue is who has the prior possession de facto. In unlawful detainer,
possession was originally lawful but became unlawful by the expiration or termination of the right
to possess and the issue of rightful possession is the one decisive, for in such action, the defendant
is the party in actual possession and the plaintiff's cause of action is the termination of the
defendant's right to continue in possession.[23]
[23]
Id. at 382-383, citing 3 MANUEL V. MORAN, COMMENTS ON THE RULES OF COURT 312 (1980 ed.). Emphasis
supplied.
An action for “forcible entry” must contain allegation that one is in possession of the property and was
ousted therefrom either by force, intimidation, threat, strategy, or stealth, an element of that kind of
eviction suit.

On the other hand, an action is for unlawful detainer if the complaint sufficiently alleges the following:
(1) initially, the defendant has possession of property by contract with or by tolerance of the plaintiff; (2)
eventually, however, such possession became illegal upon plaintiff’s notice to defendant, terminating
the latter’s right of possession; (3) still, the defendant remains in possession, depriving the plaintiff of
the enjoyment of his property; and (4) within a year from plaintiff’s last demand that defendant vacate
the property, the plaintiff files a complaint for defendant’s ejectment. If the defendant had possession
of the land upon mere tolerance of the owner, such tolerance must be present at the beginning of
defendant’s possession.

(Dionisio v. Linsangan, G.R. No. 178159, March 2, 2011)

Probate

The court process by which a Will is proved valid or invalid. The legal process wherein the estate of a
decedent is administered.

When a person dies, his or her estate must go through probate, which is a process overseen by a
probate court. If the decedent leaves a will directing how his or her property should be distributed after
death, the probate court must determine if it should be admitted to probate and given legal effect. If
the decedent dies intestate—without leaving a will—the court appoints a Personal Representative to
distribute the decedent's property according to the laws of Descent and Distribution. These laws direct
the distribution of assets based on hereditary succession.

https://legal-dictionary.thefreedictionary.com/probate

Republic Act No. 8369 "Family Courts Act of 1997".

RULE 56

Provisional Remedies

Provisional remedies (ancillary/auxiliary)

à Writs and processes available during the pendency of the action which may be resorted to by a
litigant to preserve and protect rights and interests therein pending rendition, and for the purpose
of ultimately affecting a final judgment in the case.

à PROVISIONAL – constituting temporary measures availed of during the pendency of the action.

à ANCILLIARY – incidents in and dependent on the result of the main action.

admiralty
n. concerning activities which occur at sea, including on smallboats and ships innavigable bays. Admiralty
law (maritime law)includes accidents and injuries at sea, maritime contracts andcommerce, alleged violat
ions of rules of the sea over shippinglanes and rights-of-
way, and mutiny and other crimes onshipboard. Jurisdiction over all these matters rests in theFederal Co
urts, which do not use juries in admiralty cases.There are other special rules in processing maritime case
s,which are often handled by admiralty law specialists. Lawyersappearing in admiralty cases are called "p
roctors." (See:maritime law)
https://legal-dictionary.thefreedictionary.com/Admiralty

Summary Proceedings

An alternative form of litigation for the prompt disposition of legal actions.

Legal proceedings are regarded as summary when they are shorter and simpler than the ordinary steps
in a suit. Summary proceedings are ordinarily available for cases that require prompt action and
generally involve a small number of clearcut issues.

https://legal-dictionary.thefreedictionary.com/Summary+Proceedings