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MOYA II
BSC, LL.B., LL.M.
Managing Partner, Moya Ablola Ebarle Law Firm
Lifetime Member, IBP, Bulacan Chapter
Member, Board of Directors, Philippine Trial Lawyers, Inc.
Member, Vanguard of the Philippine Constitution Inc.
Advance, Pre-Bar and Mock Bar Examiner in Remedial Law, UP Law Center
Pre-Bar Reviewer in Chair’s Cases (Criminal Law), Legal EDGE Review Center
Bar Reviewer in Remedial Law, Powerhaus Review Center
Special Lecturer in Remedial Law, Villasis Law Center
Bar Reviewer in Criminal Law, Recoletos Law Center
MCLE Lecturer on Trial Advocacy
Author, The 2000 Rules of Criminal Procedure, Notes and Cases
Bar Notes and Cases in Criminal Law
The Revised Guidelines on Continuous Trial in Criminal Cases in Relation to
The 2000 Rules of Criminal Procedure
Bar Notes and Cases in Remedial Law
The Revised Rules of Evidence, Notes and Cases
The 1997 Rules of Civil Procedure As Amended, Notes and Cases (Vol. 1)
Provisional Remedies and Special Civil Actions, Notes and Cases (Vol. 2)
The Rules of Special Proceedings, Notes and Cases
Cross-Examination as a Science and Not an Art (The Contrarian System)
Professor, Tarlac State University College of Law, in Remedial Law Review, Evidence,
Criminal Procedure, Election Law, Environmental Law, and Conflict of Laws
Professor, New Era University, College of Law, in Civil Procedure,
Criminal Procedure and Remedial Law Review
Professor, San Sebastian College-Recoletos, Institute of Law, in Criminal Law Review
and Remedial Law Review
Professor, University of the East, College of Law, in Remedial Law Review
Professor, Bulacan State University, College of Law, in Remedial Law Review and Criminal Procedure
BAR NOTES AND CASES IN REMEDIAL LAW
JUSTICE LUCAS P. BERSAMIN’S DECISIONS (p. 19)
BY ATTY. S. N. MOYA II, LL.M.
Q. WHAT MTCS
IS THE JURISDICTION OF THE IN CIVIL ACTIONS
INVOLVING TITLE TO, OR POSSESSION OF, REAL PROPERTY
OR ANY INTEREST THEREIN?
A. THE AMENDMENTS HAVE MADE THE ASSESSED VALUE OF THE PROPERTY WHOSE
POSSESSION OR OWNERSHIP IS IN ISSUE, OR THE ASSESSED VALUE OF THE ADJACENT LOTS
IF THE DISPUTED LAND IS NOT DECLARED FOR TAXATION PURPOSES DETERMINATIVE OF
JURISDICTION. THE ALLEGATION OF THE ASSESSED VALUE OF THE REALTY MUST BE FOUND
IN THE COMPLAINT, IF THE ACTION (OTHER THAN FORCIBLE ENTRY OR UNLAWFUL DETAINER)
INVOLVES TITLE TO OR POSSESSION OF THE REALTY, INCLUDING QUIETING OF TITLE OF THE
REALTY. IF THE ASSESSED VALUE IS NOT FOUND IN THE COMPLAINT, THE ACTION SHOULD BE
DISMISSED FOR LACK OF JURISDICTION BECAUSE THE TRIAL COURT IS NOT THEREBY
AFFORDED THE MEANS OF DETERMINING FROM THE ALLEGATIONS OF THE BASIC PLEADING
WHETHER JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION PERTAINS TO IT OR TO
ANOTHER COURT. COURTS CANNOT TAKE JUDICIAL NOTICE OF THE ASSESSED OR MARKET
VALUE OF THE REALTY. (Penta Pacific Realty Corporation vs. Ley Construction and Development Corporation,
741 SCRA 426, 24 November 2014.)
BAR NOTES AND CASES IN REMEDIAL LAW
JUSTICE LUCAS P. BERSAMIN’S DECISIONS (p. 21)
BY ATTY. S. N. MOYA II, LL.M.
Q. WHAT DETERMINES THE JURISDICTION OF THE COURT IN CIVIL CASES?
A. THE SETTLED RULE IS THAT THE NATURE OF THE ACTION AS APPEARING FROM THE
AVERMENTS IN THE COMPLAINT OR OTHER INITIATORY PLEADING DETERMINES THE
JURISDICTION OF A COURT; HENCE, SUCH AVERMENTS AND THE CHARACTER OF THE
RELIEF SOUGHT ARE TO BE CONSULTED. THE COURT MUST INTERPRET AND APPLY
THE LAW ON JURISDICTION IN RELATION TO THE AVERMENTS OF ULTIMATE FACTS IN
THE COMPLAINT OR OTHER INITIATORY PLEADING REGARDLESS OF WHETHER OR NOT
THE PLAINTIFF OR PETITIONER IS ENTITLED TO RECOVER UPON ALL OR SOME OF THE
CLAIMS ASSERTED THEREIN. THE RELIEFS TO WHICH THE PLAINTIFF OR PETITIONER
IS ENTITLED BASED ON THE FACTS AVERRED, ALTHOUGH NOT THE RELIEFS
DEMANDED, DETERMINE THE NATURE OF THE ACTION. THE DEFENSE CONTAINED IN
THE ANSWER OF THE DEFENDANT IS GENERALLY NOT DETERMINANT. (Penta Pacific
Realty Corporation vs. Ley Construction and Development Corporation, supra; SEE ALSO JUSAYAN VS.
SOMBILLA, 746 SCRA, 21 JANUARY 2015.)
BAR NOTES AND CASES IN REMEDIAL LAW
JUSTICE LUCAS P. BERSAMIN’S DECISIONS (p. 79)
BY ATTY. S. N. MOYA II, LL.M.
(B) THE FACTS FROM WHICH THE INFERENCES WERE DERIVED HAVE
BEEN ESTABLISHED; AND
(b) to require that the actual party entitled to legal relief be the one
to prosecute the action;
HOPEFULLY YOU
LEARNED
SOMETHING....
BY