Judge Gito

• Jurisdiction


  The power and authority of the court to hear, try, and decide the case
• Jurisdiction of the court includes the authority to execute its decision
• A commercial case was filed in an RTC which is not designated as a Commercial Court


  The court should have referred the case to the RTC designated by the SC as a Commercial Court, not dismissed it for lack of jurisdiction
• Jurisdiction over the subject matter

  Determined by the allegations in the complaint, as well as by the character of the relief sought
• Defenses and evidence do not determine jurisdiction
• The amount awarded does determine jurisdiction
• In an ejectment case, if the defendant raises the issue of tenancy in their answer

  The court should dismiss the case for lack of jurisdiction if tenancy is shown after the hearing
• Jurisdiction over the parties

  The legal power of the court to render a personal judgment against the party to an action or proceeding
• How jurisdiction over the parties is acquired

  Plaintiff upon filing the complaint, defendant upon valid service of summons and voluntary appearance
• Concurrent jurisdiction


  When two or more courts can exercise original jurisdiction over the case
• Doctrine of Primary Jurisdiction

  The power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence
• Non-payment of filing fees at the time of filing the complaint does not automatically cause dismissal of the case, provided the fees are paid within a reasonable time
• Indigent litigant


  Someone whose income, and that of their immediate family, does not exceed double the monthly minimum wage AND does not own real property with the fair market value exceeding P300,000
• Action in personam


  An action to enforce personal rights and obligations against a person, based on the jurisdiction of a person
• Action in rem


  An action against the thing (res) itself, rather than against a person, binding against the whole world
• Action quasi-in-rem


  An action where an individual is named as defendant and the purpose is to subject the defendant's property to a burden or lien
• Proper service of summons is imperative in in rem and quasi in rem actions
• Cause of action


  An act or omission by which a party violates the right of another
• Elements of a cause of action

  1. A right in favor of the plaintiff, 2) An obligation on the part of the defendant to respect or not violate such right, 3) An act or omission by the defendant violating the plaintiff's right or breaching the defendant's obligation
• Test to determine if a complaint states a cause of action


  If the court can render a valid judgment based on the allegations in the complaint
• Splitting of cause of action


  Instituting more than one suit for a single cause of action
• Joinder of causes of action

  Asserting in one pleading, in alternative or otherwise, as many causes of action as the party may have against an opposing party
• Conditions for proper joinder of causes of action

  1. No special civil actions or actions governed by special rules, 2) Different venues/jurisdictions allowed if one cause of action falls within the court's jurisdiction, 3) Aggregate amount claimed determines jurisdiction if all claims are for money recovery
• Joinder of parties


  Allowed when the causes of action arise out of the same transaction or series of transactions and there are common questions of fact and law
• Real party in interest


  The party who stands to be benefited or injured by the judgment of the suit, or the party entitled to the avails of the suit
• Indispensable party


  A real party in interest without whom no final determination can be had of an action
• Failure to join an indispensable party will not result in outright dismissal, but the court may order the party to be joined
• Necessary party


  One who is not indispensable but who ought to be joined if complete relief is to be accorded
• If the court orders joinder of a necessary party and the pleader fails to comply, it shall be deemed a waiver of the claim against such party
• If the non-inclusion of a necessary party is justified, the judgment rendered shall be without prejudice to the rights of such necessary party
• In Aceron v. Ang, a case for collection of a sum of money was filed by Atty. Aceron on behalf of Theodore and Nancy Ang, who reside in California and are non-residents
• Necessary party


  Party that must be joined in the action for the court to fully resolve the dispute
• Joining necessary party


  1. Court finds reason for non-joinder not meritorious

  2. Court orders pleader to join omitted party

  3. If jurisdiction over person may be obtained
• Effect of failure to comply with court order to join necessary party

  Deemed a waiver of claim against such party
• Effect if non-inclusion of necessary party is justified

  Court can still proceed with the action, judgment rendered will be without prejudice to rights of necessary party
• In Aceron v. Ang case, the representative-lawyer was not a real party in interest, so the filing of the complaint in the place where he resides was not proper
• Misjoinder or non-joinder of parties

  Not a ground for dismissal of an action, parties may be dropped or added by court order
• Class suit


  When the subject matter of controversy is one of common or general interest to many persons so numerous that it is impracticable to join them all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interest of all concerned may sue or defend for the benefit of all
• Requisites of class suits

  • The subject matter of the controversy is one of common or general interest to many persons
  • The parties are so numerous that it is impracticable to bring them all before the court
  • The object of the suit is to obtain relief for or against numerous persons
• Common or general interest


  A class suit does not require a commonality of interest in the questions involved, but rather a common or general interest in the subject matter of the litigation