Remedial Law Notes

D.4. Modes of Review – DOJ Department Circular No.
027, Series of 2022

DOJ Pettion for Review (60days)
- - - - - - - - - - - - - - - - - - Jurisdiction of offense is with RTC
Penalty exceeds 6 years
Complaint Initiated by NBI or PNP
ProsGen RegPros
(MeTC) NCR (MTC) ONCR
Office of The Prosecutor

Note: The Secretary of Justice may also review the findings of the ProsGEn and RegPros
(Residual Jurisdiction)
Counterclaim
Compulsory counterclaim is one which, being cognizable by the regular courts of

justice, arises out of or is connected with the transaction or occurrence constituting
the subject matter of the opposing party's claim and does not require for its
adjudication the presence of third parties of whom the court cannot acquire
jurisdiction.
Such a counterclaim must be within the jurisdiction of the court both as to the amount and the
nature thereof, except that in an original action before the Regional Trial Court, the counterclaim
may be considered compulsory regardless of the amount.
A permissive counterclaim is one that must be filed with the court having
jurisdiction over the amount involved.
Means to Carry out Jurisdiction
if theprocedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or
by these rules, any suitable process or mode of proceeding may be adopted which appears comfortable to
the spirit of the said law or rules.
\
Rules on Expedited Procedures in the First Level Courts
a. Civil Cases:
1) Summary Procedure cases

a. cases of forcible entry and unlawful detainer,
b. All civil actions
Except
- probate proceedings
- admiralty and maritime actions
- money claims cases, claim does NOT exceed Php2M,
exclusive of interest, damages
c. damages where the claim does NOT exceed Php2M, exclusive of interest and costs.
d. enforcement of barangay amicable settlement where the money claim exceeds Php1M,
provided that no execution has been enforced by the barangay within six (6) months
e. revival of judgment of any first-level court
f. civil aspect of a violation of BP 22, if no criminal action has been instituted or late
instituted
2) Small Claims Cases.
b. Criminal Cases:
1) Violations of traffic laws, rules and regulations;

2) Violations of the rental law;
3) Violations of municipal or city ordinances;
4) Violations of BP 22; and
Penalty is imprisonment not exceeding one (1) year or a fine NOT exceeding Php50K, or both,
regardless of other imposable penalties arising therefrom.
Offenses involving damage to property through criminal negligence; imposable fine exceed
150K.
Prohibited pleadings and motions

The following pleadings, motions, or petitions shall not be allowed in the cases
covered by this Rule:
a) In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a
motion to quash the complaint or information, except on the ground of
1. lack of jurisdiction over the subject matter or
2. failure to comply with the requirement of barangay conciliation;
b) Motion to hear and/or resolve affirmative defenses;

c) Motion for a bill of particulars;
d) Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of
proceedings;
e) Petition for relief from judgment;
f) Motion for extension of time to file pleadings, affidavits or any other paper;
g) Memoranda;
h) Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
i) Motion to declare the defendant in default;
j) Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory
unless grounded on acts of God, force majeure, or physical inability of a counsel or witness to
personally appear in court, as supported by the requisite affidavit and medical proof;
k) Rejoinder;
l) Third-party complaints;
m) Motion for and Complaint in Intervention;
n) Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground
of force majeure or acts of God;
o) Motion for judicial determination of probable cause in criminal cases.
In Metropolitan Manila and in Chartered Cities, prescriptive period is tolled only by the filing of an
Information in court and not by the commencement of a preliminary investigation by the
investigating body nor the institution of the complaint with the investigating body.
Other than Metropolitan Manila and Chartered Cities, the criminal action is commenced by filing a
complaint or information before the court. It also interrupts the running of the prescriptive by either
the complaint or information filed in court.
When the disputed claim is small, the time and expense required by the ordinary litigation process are so
disproportionate to the amount involved that it discourages a just resolution of the dispute. The small
claims process is designed to function quickly and informally.
In small claims cases, the decision of the first-level court is final, executory, and unappealable.
“As long as the allegations in the information constitute the elements of the offense charged, then the
court shall have jurisdiction over the offense, even if it was subsequently determined during trial that
some of the allegations were not established. This is the embodiment of the doctrine of adherence of
jurisdiction.”
One of the exceptions to the rule on adherence of jurisdiction is when the change in jurisdiction is
curative in character.
The residual jurisdiction of the trial court is available upon the perfection of the appeals by the parties or
upon the approval of the records on appeal, but prior to the transmittal of the original records or the
records on appeal.
In either instance, the trial court still retains its so-called “residual jurisdiction” to:
1. issue protective orders,

2. approve compromises,
3. permit appeals of indigent litigants,
4. order execution pending appeal, and
5. allow the withdrawal of the appeal.
Legal Ethics
CPRA April 11, 2023 effectivity

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D.4. Modes of Review – DOJ Department Circular No.

027, Series of 2022

Office of The Prosecutor

Compulsory counterclaim is one which, being cognizable by the regular courts of

1) Summary Procedure cases

2) Small Claims Cases.

1) Violations of traffic laws, rules and regulations;

Prohibited pleadings and motions

b) Motion to hear and/or resolve affirmative defenses;

1. issue protective orders,

CPRA April 11, 2023 effectivity

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