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imgarcia Wednesday, November 29, 2017

CH 1: OVERVIEW

Remedial Law
- Rules which prescribe the procedure for the protection and enforcement of all claims
arising from the rights and duties as created by law
- Does NOT create vested rights
- SC has the power to create, amend or alter rules
- Does not originate from the legislature therefore they are NOT laws
- SL vs. RL:
• SL: creates RIGHTS which violation gives rise to the CA
• RL: METHODS enforcing the right ands obligations created by SL to obtain redress
for the invasion of rights; provides MECHANISM

- GR: YES retroactive effect since there are no vested rights that may attach/arise
therefrom EXCEPT for pending actions and undetermined at the time of their passage
(Neypes rule)

• EXCEPT if it would
- statute itself provides that pending actions are excepted (SL/RL)
- impair VR
- not be feasible/work injustice (Jurisdiction; would not apply if maapektuhan yung
isang party)
- involve intricate problems of due process
Rule-making power of the SC
- Article 8
• Promulgate rules concerning the protection and enforcement of consti rights
• Includes the consti powers to promulgate rules concerning pleading, practice and
procedure

- Power to amend the rules

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• to establish new rules for a more simplified and inexpensive process and the
speedy disposition of cases

• already beyond the ambit of the congress.


- Power to suspend the rules
• Guided by certain rules
• Reasons which would warrant the suspension
- existence of special or compelling circumstances
- merits of the case
- casue not entirely attributable tot he fault of the party favored by the suspension
of rules

- lack of any showing that the review sought is merely frivolous and dilatory
- rights of the other party will not be unjustly prejudiced thereby
- How they should construe the rules?
• LIBERALLY, seeks to achieve a disposition of every action in a manner that is JIS
(Judicial affidavit - not effective in promoting JIS)

- HOWEVER, it can only be resorted to in cases and justifiable cause of


circumstances they are not to be ignored to favor one's will. It has its own
rationale in the orderly administration of justice
- The phrase "in the interest of justice" is not a magic wand that would
automatically compel the suspension of procedural rules. It only means that pag
tinuloy it may carry out a miscarriage of justice
- EXCEPTIONS:
• the party seeking for its application cannot show a justification for his deviation
from the rules

• only a clear showing of prima facie merit of the petition will persuade the court
to take extraordinary effort of setting aside its rules

• should be an effort on the part of the party invoking liberality to explain his
failure to abide by the rules
- In application to criminal cases

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• The more it is favorable of the accused the better, UNLESS the accused
himself manifests that he should not be subject to LI

Nature of the PH Courts


- Courts of LAW and EQUITY
• Equity jurisdiction
• - describes the power of the court to resolve issues presented in a case in
accordance with the natural rules of fairness and justice and in the ABSENCE of a
clear, positive law governing such issues (and not as its replacement).

• involves certain kind of fairness and justice in dealing among men


- Doctrine of hierarchy of court
• In relation with mandamus, quo warrato, habeas corpus. You may directly go to SC
but pwede parin sa CA and RTC
- To maximize every legal means that is being offered
• When it may be disregarded:
- If the case is of transcendental importance upon by the lesson of the case (be
best explained in SC rather than in MTC)
- Constitutional vs Statutory court
• CC - created by a direct consti provision (only SC)
• SC - created by law other than the consti (CA ++; Sandiganbayan is mention in
consti BUT it doesn't mean its a CC since it was created thru statutory enactments)
- Civil vs. Criminal courts
• Mostly it is both; HOWEVER, SC can designate (Special drug courts)
- General vs. Special jurisdiction
• GJ: decide on their own jurisdiction and take cognizance of ALL case
• SJ: only for particular purpose or are clothed with special powers for a
performance of specified duties beyond which they have no authority of any kind
- Original vs. Appellate jurisdictions
• OJ: actions originally filed with it

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• AJ: when it has the power of review over the decisions of a lower court
- Original vs. Exclusive jurisdiction
• OJ: take cognizance of a case at its inception
• EJ: precludes the idea of co-existence and refers to jurisdiction possessed to the
exclusion of others

- Concurrent Jurisdiction
• power of different courts to take cognizance of the same subject matter
Ordinary civil action
- would entail the observance of civil procedure following what has been provided
under the rules
- brought about because you consider that you rights have been prejudiced by the
exercise of another's rights

Complaint
- beginning of a civil action
- Source: there is a certain cause of action arising from a SL that recognizes that
rights have been affected

• SL supplies the legal basis for CA (Breach of contract (CA) --> Provisions in
Oblicon (SA))

• If there is no CA (based on SL thus being a substantive right), there is no RA (it is


procedural in character)
- Jurisdiction
• Different from Criminal cases
• Obligated to file his complaint in the court upon which the law has conferred
jurisdiction over the subject matter of the action

• In civil cases, the amount can be jurisdictional (MM: <400,000 --> RTC already)
• the filing of the complaint in the wrong court can be a ground of dismissal of the
complaint, either motion of the AP or motu proprio
- Venue

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• a complaint filed with appropriate jurisdiction run the risk of being dismissed, on
motion, if commenced in the wrong place

• to determine where consider if it is real or personal civil action


- Real: where the property is
- Personal: plaintiff/defendant resides at the election of the PLAINTIFF
• if the parties agreed on a venue (prior to filing and is in writing) and it exclusive,
then is it is the only venue of the action. The stipulation precludes the filing of the
action in some other place

• plaintiff through counsel will have to look into any possible restrictive stipulations on
venue


- Parties
• one has to be a party in interest
- you have a certain ownership of the right that has been violated
- one who "stands to be benefited or injured by the judgement in the suit or the
party entitled ti the avails of the suit"
- Preparation of complaint
• Not designed to be a narration and an exposition of evidentiary matters but
properly a statement only of the UF which constitute a party's claim or defense

• Statement of evidentiary facts is to be omitted. Also to be omitted are statements


constituting mere conclusions of law.

• Remove those that are not significant in so far the CA is concerned


• must specify the relief sought
- Filing of complaint
• act of presenting the same before the clerk of court
• accompanied by paying the docket and filing fees (except if indigent)
- Possible proceedings after the filing of complaint
• Dismissal of the action by the plaintiff

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- Before the AP has served the answer
• file notice of dismissal
• without prejudice to tis being refiled later EXCEPT if sinabi ng courts OR two
dismissal rule

• matter of right
- After the AP has served the answer
• fill motion to dismiss
• addressed to sound judicial discretion since its no longer a matter of right
• If allowed = dismissed BUT the counterclaim is not affected; without prejudice
to the right of the defendant to prosecute his counterclaim

• Amendment of the complaint


- matter of right AS LONG AS IT IS MADE BEFORE THE OTHER PARTY HAS
SERVED A RESPONSIVE PLEADING
- If after: with leave of court
Summon
- clerk of court shall issue the corresponding summons to the defendant directing him
to file an answer to the complaint
- served personally
• IF di talaga siya mahanap: substituted service (residence of defendant/place of
business with a person qualified to receive the summons)
- Filing of complaint only acquired jurisdiction over the person of the plaintiff BUT does
not extend to the person of the defendant
- If minor : personally + legal guardian
- If prisoner : officer having management of the jail
- If corporation: may be made on certain specific persons only like the president,
manging partner, gen man, corpsec, treasurer, in house cancel and is EXCLUSIVE
- If the defendant makes a voluntary appearance: considered as service of summon
(kasi alam niyang sasampahan siya ng kaso)

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- Motion for bill of particulars
• Wants to be clarified on what is the basis of the complaint being filed against you
- Motion to dismiss
• lack of jurisdiction ...
Answer
- Default
• Failure of the D to file an answer will entitle the P to file a motion to declare him in
default

• Court will adjudicate the complaint by the evidences submitted by the court by the
P

• No longer part of the proceedings


• Hahayaan mag pass then sasabihin that he was not able to receive due to FAMEN
• Judgement rendered against a party in default shall no exceed or be different in
kind from that prayed for no award unliquidated damaged
- Specific denials
- must specifically deny the material averments in the complaint if not P may file for
a motion for judgement on the pleadings (not answering the complaint means
that he admits them)

- Counterclaim, cross claim, third party complaint, reply and intervention


• Counterclaim
- always against the OP
- Compulsory : DP has at the time he files his answer, shall be contained there in
- Permissive : does not have to be raised in the same proceedings BUT can be
invoked as in independent action

• Cross claim
- DP vs DP
- Third party complaint
• A party is not the D/P but certainly has a certain kind of claim
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• Bringing in someone that is not originally a party in interest
- Reply
• when an answer has been filed by the D, the P can file a reply
- Intervention
• a third person that is not a party in the complain is involving himself in the
complaint; he is trying to join in

• can be done even without the permission of court


Pre-trial
• After the last pleading has been served an filed is the duty of the P move ex parte
that the case be set for pre trial

• Try to settle if it can be settled


• Use modes of discovery - to alleviate the situation (Disposition: Getting the
statement who is already in his death bed)

Trial
- Di na possible mag kaayos; P first before D
- Demurrer to evidence: If denied, you can still proceed in presenting your evidence
HOWEVER if granted and there is appeal and is reverse, it is only then that D's right
present has been waived

Judgement
- No oral judgement under the rules . It has be written, personally and directly prepared
by the judge.