Notes in Civil Procedure I
Residual Jurisdiction - refers to the authority of the trial court to issue orders for the
protection and preservation of the rights of the parties which do not involve any matter
litigated by the appeal. It presupposes that even if, technically, the court has already lost its
jurisdiction by reason of a notice of appeal duly approved, such court can still exercise
limited jurisdiction on matters not subject to the controversy, provided that the records are
still with it.
Read: DBP v Hon Carpio 195450, February 1, 2017
Before the trial court can be said to have residual jurisdiction over a case, a trial on the
merits must have been conducted; the court rendered judgment, and the aggrieved party
appealed therefrom.
Residual Jurisdiction exercised by the trial court
1. Issue orders for the protection and preservation of the parties which do not involve any
matter litigated by the appeal;
2. Approve compromise agreements by the parties after the judgment has been rendered;
3. Allow appeals of indigent litigants;
4. Order execution pending appeal in accordance with Sec. 2, Rule 39; and
5. Allow withdrawal of appeal.
This must be done prior to the transmittal of the original record to the appellate court in case
of ordinary appeal, and until the CA gives due course to the petition, in case of a petition for
review.
Commencement of Action - filing of the original complaint in court. If an additional defendant
is imploded in a later pleading, the action is commenced with regard to him on the date of
the filing of such later pleading, irrespective of whether the motion for its admission, if
necessary, is denied by the court. (Rule 1, Sec 5)
Prescription of Actions
Immovable property. - 30 years
Movable property. - 8 years from time possession is lost Relating to a real estate mortgage.
- 10 years from time possession is lost
Based on oral contracts and quasi contracts - 6 years Injury to the rights of plaintiff/ quasi
delict - 4 years Forcible entry, detainer and for defamation - within 1 yr
Distinctions: Actions in rem, in personam. And quasi in rem In Rem. - judgment rendered in
the case would be binding
against the whole world
In Personam. - action against a person on the basis of personal liability
Quasi in Rem - There is a judgment between parties but it relates with real properties.
Action is against a particular defendant but the real motive is to yield a real property or
subject property to certain things.
Read: Treyes v Larlar, GR 232579 Sept. 8 2020
Heirs of Morales v Morales, GR 224849 June 6, 2018 De Vera et al. v Manzanero. GR
232437 June 30, 2021
Cause of Action
Prohibition against splitting a single cause of action - cannot split a cause of action but can
join causes of action
Effect of Splitting a cause of action - If two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment on the merits in any one is available as
a ground for the dismissal of the others. (Rule 2, Sec. 4)
The defendant may file a motion to dismiss based on either:
1. Litis pendencia
2. Res judicata
Joinder of causes of action - the assertion of as many causes of action a party may have
against another in one pleading ((Rule 2, Sec. 5). Requisites:
1. The party shall comply with the rules on joinder of parties (Rule 3, Sec 6)
2. The joinder shall not include special civil actions governed by special rules
3. Where the causes of action are between the same parties but pertain to different venues
or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action
falls within the jurisdiction of said court and venue lies therein; and
4. Totality Test - Where claims in all causes of action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction (Rule 2, Sec 5)
Misjoinder of causes of action - Where there is a misjoinder of causes of action, the
erroneously joined cause of action can be severed and proceeded with separately upon
motion by a party or upon the court”s own initiative.
Non-joinder - a cause of action not included in the complaint
Misjoinder and Non-joinder of cause of action are not grounds for dismissal.
Misjoinder of Parties v. Non-Joinder of Parties
The dropping of misjoined parties from the complaint may be done moot proprietary by the
court, at any stage, without need for a motion to such effect from the adverse party. Rule 3,
Sec 11 indicates that the joinder of parties, while erroneous, may be corrected with ease,
thru amendment, without further hindrance to the prosecution of the suit. (Chua v Torres
151900, August 30, 2005)
