20 Multiple choice questions
1.
As a general rule, no court has the authority to interfere by
accion reivindicatoria where the assessed value of the
injunction with the judgment of another court of coordinate
real property does not exceed the aforestated amounts.
jurisdiction or to pass upon or scrutinize and much less declare
4.
as unjust a judgment of another court. However, this doctrine
b.
does not apply where a third party claimant is involved.
1.
could or should have been done earlier; it is negligence or
CORRECT: Doctrine of Judicial Stability or Non-
omission to assert a right within a reasonable time, warranting a
interference
b.
presumption that the party entitled to assert it either has
3.
Doctrine of Primary Jurisdiction
4.
Doctrine of Ancillary Jurisdiction
abandoned it or declined to assert it (TIJAM, et al. vs.
SIBONGHANOY, et al. 1968).
1.
The general rule in Doctrine of Adherence to Jurisdiction is that
the law enacted during the pendency of a case which transfers
jurisdiction to another court ____ __ ____ cases prior to its
enactment. Exceptions are: (1) when the new law ____ ____ for
a ____ ____ (2) when the change of jurisdiction is ____ in
b.
character.
1.
2.
nature remedy
3.
CORRECT: Laches
4.
Assessed value
If the nature of the principal action or remedy sought is primarily
of pecuniary estimation, and ____ would depend on the amount
CORRECT: does not affect expressly provides
retroactive application curative
b.
Court of law
for the ____ __ __ ____ __ ____, the claim is considered ____
36 129 no application Regional Trial Courts
2.
It is failure or neglect, for an unreasonable and unexplained
length of time, to do that which, by exercising due diligence,
Policy of Judicial Hierarchy
2.
recovery of a sum of money capable jurisdiction
of the claim (SINGSON v. ISABELA SAWMILL 1979).
1.
3.
Doctrine of Adherence to Jurisdiction
4.
Doctrine of Primary Jurisdiction
Doctrine of Primary Jurisdiction
2.
Doctrine of Ancillary Jurisdiction
3.
CORRECT: recovery of a sum of money capable
X filed an action for Reconveyance of Possession with the RTC
jurisdiction
of Tangub City against Y. Y questioned the jurisdiction of the
4.
RTC over the subject matter because the assessed value of the
land was only P11,160 as reflected in the tax declaration.
b.
Doctrine of Adherence to Jurisdiction
In the case of JAKIHACA v. AQUINO, et al. (1990) the SC
Nevertheless, the RTC took cognizance of the complaint based
categorically ruled that the Rule on Summary Procedure applies
on the allegation that the present its estimated value is
only in cases filed before the MeTC and MTC, pursuant to
P50,000. Y thereupon appealed to the CA, which affirmed the
Section __ of Batas Pambansa Blg. __. Summary procedures
trial court's disposition of the issue of jurisdiction over the
have __ ____ to cases before the ____ ____ ____. Hence,
subject matter emphasizing that the plenary action of accion
when the respondents appealed the decision of the MTC to the
publiciana is cognizable by the RTC. Was the CA correct?
RTC, the applicable rules are those of the latter court.
1.
1.
Doctrine of Primary Jurisdiction
2.
Doctrine of Adherence to Jurisdiction
3.
CORRECT: No.
In
GEONZON
Inferior courts
2.
VDA.
CORRECT: 36 129 no application Regional Trial
Courts
DE
BARRERA v. HEIRS OF LEGASPI, R.A. No. 7691
3.
Superior courts
expanded the jurisdiction of first level courts to include
4.
Constitutional court
real actions where the assessed value does not exceed
P20,000 (or P50,000 in Metro Manila). Thus, it has
b.
This refers to those courts which, in relation to another, are
lower in rank and subject to review and supervision of the latter.
exclusive original jurisdiction over accion publiciana and
1.
INCORRECT: Superior courts
b.
2.
CORRECT: Inferior courts
3.
Court of equity
4.
Statutory courts
This is understood to be the worth or value of property
3.
ejectment not a prohibited pleading
4.
b.
those involving other offenses which, although not so punished,
true or market value of the property (GEONZON VDA. DE
arose out of the ____ ____ or which may have been committed
BARRERA and OCO v. HEIRS OF LEGASPI 2008 citing
by the accused on the ____ ____, as that giving rise to the
BLACK'S LAW DICTIONARY).
____ ____ ____, regardless of whether the accused are
CORRECT: Assessed value
charged as principals, accomplices or accessories, or whether
2.
Inferior courts
they have been tried jointly or separately.
3.
Laches
4.
Court of law
1.
36 129 no application Regional Trial Courts
2.
does not affect expressly provides retroactive
application curative
Under its ancillary jurisdiction, a court may (1) ____ __ ____
3.
relative to the matters brought before it (2) ____ __ ____ in
CORRECT: appeal by notice of appeal RTC
which a trial shall be conducted (3) ____ __ ____ at which the
Sandiganbayan
witnesses and lawyers may be heard (4) ____ __ ____ __ ____
occurrence same occasion more serious offense
deposited in court in the course of the proceedings (5) ____ __
____ and ____ an injunction, attachment, or garnishment.
1.
4.
b.
Doctrine of Judicial Stability or Non-interference
reclusion
3.
36 129 no application Regional Trial Courts
2.
Statutory courts
4.
CORRECT: determine all questions regulate the
3.
Court of equity
4.
Inferior courts
1.
money appoint a receiver grant
b.
CORRECT: Superior courts
This court adjudicates a controversy according to the common
precepts of what is right and just without inquiring into the terms
spouses Sibonghanoy. A writ of attachment was issued by the
of the statutes.
RTC but was soon dissolved upon the filing of a counter-bond
1.
trial, judgment was rendered in favor of the plaintiffs. Thereafter,
Court of law
2.
nature remedy
MTC all civil actions where the demand does not exceed
3.
CORRECT: Court of equity
P2000. Can Surety ask the appellate court to set aside the
4.
Inferior courts
R.A. No. 296 placed within the original exclusive jurisdiction of
decision of the RTC for lack of jurisdiction to try and decide the
case?
1.
2.
same
This refers to those courts which have the power of review or
Doctrine of Adherence to Jurisdiction
by defendants and the Manila Surety and Fidelity Co., Inc. After
higher
Doctrine of Judicial Stability or Non-interference
2.
Spouses Tijam commenced a civil case for recovery against
perpetua
supervision over another lower court.
manner determine the hours direct the disposition of
b.
The Supreme Court has APPELLATE JURISDICTION over an
cases in which the penalty imposed is ____ ____ or ____, and
rate is applied. Commonly, however, it does not represent the
b.
Doctrine of Adherence to Jurisdiction
____ __ ____ __ ____ from the ____ or the ____ in all criminal
established by taxing authorities on the basis of which the tax
1.
motion for reconsideration appellate jurisdiction
b.
Original and Concurrent Jurisdiction of the Supreme Court with
the COURT OF APPEALS in petitions for CPM against the (1)
Doctrine of Judicial Stability or Non-interference
R____ __ ____ ____ (2) N____ however the petitions should
CORRECT: No. A party cannot invoke the
be filed with the CA, otherwise, shall be dismissed (3) C____
jurisdiction of a court to secure affirmative relief, and after
____ ____ however the petitions should be filed with the CA (4)
obtaining or failing to obtain such relief, repudiate or
Q____-____ ____ however the petitions should be filed with the
question that same jurisdiction.
CA (ST. MARTIN FUNERAL HOMES vs. CA and R.A. No.
7902).
1.
Doctrine of Judicial Stability or Non-interference
2.
b.
1.
consequence
Service Commission Quasi-Judicial Agencies
2.
Doctrine of Adherence to Jurisdiction
3.
ambassadors public ministers consuls
3.
recovery of a sum of money capable jurisdiction
4.
36 129 no application Regional Trial Courts
4.
36 129 no application Regional Trial Courts
It is settled that a ____ __ ____ may be filed from a decision of
b.
Courts whose proceedings are enrolled and which are bound to
the Regional Trial Court in the exercise of its ____ ____ over
keep a written record of all trials and proceedings handled by
decisions of the inferior courts in ____ cases. Therefore, a
them (R.A. No. ____ mandates all Municipal Trial Courts to be
motion for reconsideration is __ __ ____ ____ under the
courts of record. Thus, all Philippine courts are now ____).
1.
1.
habeas corpus quo warranto certiorari prohibition
mandamus amparo habeas data
2.
Doctrine of Adherence to Jurisdiction
3.
CORRECT: motion for reconsideration appellate
jurisdiction ejectment not a prohibited pleading
4.
b.
In determining whether the subject of the litigation is incapable
CORRECT: courts of record 6031
2.
Court of law
3.
Court of equity
4.
Superior courts
This policy means that a higher court will not entertain direct
resort to it unless the redress desired cannot be obtained in the
Doctrine of Ancillary Jurisdiction
of pecuniary estimation, the ____ of the principal action or ____
appropriate courts.
1.
courts of record 6031
sought must first be determined (SINGSON v. ISABELA
2.
Constitutional court
SAWMILL 1979).
3.
CORRECT: Policy of Judicial Hierarchy
4.
Court of law
1.
b.
incidental
deemed incapable cognizable exclusively
CORRECT: RTC and lower courts NLRC Civil
applicable rules of the RTC (SPOUSES REFUGIA v. CA 1996).
b.
CORRECT: other
Court of law
2.
Statutory courts
3.
CORRECT: nature remedy
4.
Laches
Where the basic issue is something ____ than the right to
b.
It involves the inherent or implied powers of the court to
determine issues incidental to the exercise of its primary
jurisdiction.
1.
Doctrine of Adherence to Jurisdiction
recover a sum of money, or where the money claim is ____ to,
2.
Doctrine of Primary Jurisdiction
or a ____ of, the principal relief sought, the subject of the
3.
continuity of jurisdiction
4.
CORRECT: Doctrine of Ancillary Jurisdiction
litigation is ____ ____ of pecuniary estimation in terms of
money, which is ____ ____ by the Regional Trial Court
(SINGSON v. ISABELA SAWMILL 1979).
2.