Chapter 1
Overview & Preliminaries
THE PLAY
THE PLAYERS
THE COURTS
1
Overview & Preliminaries
Laws are classified as either Substantive or
Procedural Law. Procedural Law is also known as
Adjective law or REMEDIAL LAW.
Substantive Law
Procedural Law
Branch of the law which
creates, defines, and
regulates rights and
duties regarding life,
liberty
or
property
which, when violated,
gives rise to a cause of
action.
Branch of law which
prescribes the method
of enforcing rights or
obtaining redress for
their invasion.
Grants vested rights.
No vested right may
attach to, nor arise
therefrom
It originates from the
legislature.
G. rule
Juris.
Prospective
General Principles
Exceptions to Retroactivity of Procedural Rules
1. Where the statute itself, or by necessary
implication, provides that pending actions are
excepted from its operation;
2. If applying the rule to pending proceedings
would impair vested right;
3. When to do so would not be feasible or would
work injustice; or,
4. If doing so would involve intricate problems of
due process or impair the independence of the
courts (Tan vs. CA, G.R. No. 149453, April 1,
2003).
The 2 aspects of Remedial Law
Supreme Court is
expressly empowered to
promulgate procedural
rules [Art. VIII, Sec. 5
(5), 1987 Constitution].
G. rule Retroactive
DE DIOS vs. COURT OF APPEALS
G.R. No. 80491 | August 12, 1992
212 SCRA 519 | Cruz, J.
Procedural rules are designed to insure the orderly and
expeditious administration of justice by providing for
a practical system by which the parties to a litigation
may be accorded a full and fair opportunity to present
their respective positions and refute each other's
submissions under the prescribed requirements,
conditions and limitations. Adjective law is not the
counterfoil of substantive law. In fact, there is a
symbiotic relationship between them. By complying
faithfully with the Rules of Court, the bench and the
bar are better able to discuss, analyze and understand
substantive rights and duties and consequently to
more effectively protect and enforce them. The other
alternative is judicial anarchy.
Private aspect
Public aspect
provides a remedy for a
person against another
person.
provides a remedy for the
state against a person.
Civil procedure
Criminal procedure
So... Mag fofocus tayo sa procedural law
which is in fact the Remedial law. Tandan na ang
Remedial law prescribes the method of enforcing
rights diba? Eh sino ba ang nagpapatupad ng
Procedural laws? Ang nagpapatupad ng procedural
laws ay PRIMARILY ang Supreme Court.
Ganito yan, para magkaroon ka ng idea pano ang
systema ng Substantive law and Procedural law. In the
Philippines, we have the three branches of the
government which are the legislative, executive and
judiciary branch. Each branches has their primary
roles tama? at Kung each branches of the government
ay may primary roles, it is safe to say that they have
secondary roles or other functions right?
mdj
Limitations of its Rule making power to promulgate
Rules on PROCEDURE:
Primary Roles of the three branches of the Govenrment
Judiciary
To interpret the law
Executive
To execute the law
Legislative
To create a law
Judiciary and the two other branches
Supreme
Court
creates the
rules of
procedure
The
President
appoints the
Justices &
Judges
The Congress
makes a law
to create
statutory
courts
Ito ang misconception ng madaming students
lalo na sa mga 1st years, ang akala is kapag executive
branch puro execute lang ng batas ang ginagawa,
kapag legislative branch puro gawa lang ng batas,
kapag judiciary puro interpret lang... that is wrong.
Each branches have rule-making power, adjucatory
powers, and power to execute. Nag kakaiba lang kasi
there is this concept of "Separation of Powers". Basic
yan sa political law ninyo. At limited lang ang isang
branch sa mandate ng Constitution. Thus, if the
legislative branch has the primary power to create
laws, they also have power to execute and power to
adjudicate. Example is that legislative branch has the
power to create committees and organize the members
of the house and senate, that is executive in nature,
they also have the power to discipline their members,
kaya nga merong HRET at SRET diba, that is
adjudicatory in nature naman. So... ibig sabihin ang
Judiciary hindi lang ito basta nag iinterpret ng batas,
meron din itong rule-making power. Sabi sa
Constitution, judicial power shall be vested in one
Supreme Court, meaning isa lang ang Supreme Court
sa Philippines and the SC alone has the power to
promulgate rules of procedure.
The Rule-making power
of the Supreme Court
The Rules of Court are enacted by the Supreme
Court. According to Sec. 5 Art. 8 of the
Constitution SC "shall have the power to
promulgate rules on pleading, practice and
PROCEDURE.”
1.The Rules of Court shall provide a simplified
and inexpensive procedure for the speedy
disposition of cases;
2.The Rules of Court shall be uniform for all
courts of the same grade; and
3.The Rules of Court shall not diminish, modify
or increase substantive rights.
4. Rules of procedure of special courts and quasijudicial bodies shall remain effective unless
disapproved by the Supreme Court[Sec. 5(5), Art.
VIII, Constitution]; and
5. The power to admit attorneys to the Bar is not
an arbitrary and despotic one but is the duty of the
court to exercise and regulate by a sound and
judicial discretion(Andres vs. Cabrera, 127 SCRA
208, February 29, 1984).
Power to amend and
suspend procedural rules
The Supreme Court has the power to amend, repeal or
even establish new rules for a more simplified and
inexpensive process, and the speedy disposition of
cases (Neypes vs. CA, G.R. No. 141524, September
14, 2005)
N.B The courts have the power to relax or suspend
technical or procedural rules or to except a case
from their operation when compelling reasons so
warrant or when the purpose of justice requires it.
Judicial Power
a) Original Jurisdiction - To settle actual
controversies involving rights which are legally
demandable and enforceable; and
b) Expanded Jurisdiction - to determine whether
or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the
government (Art. VIII, Sec. 1 1987 Constitution).
mdj
N.B
RULE 65
Ang Rule 65 ay isang rule sa Rules of Court
na paulit-ulit mo na makikita kapag nagfifile ng kaso
against the government.
Sa Rule 65, meroong tatlong special orders (writs) na
pwedeng ibigay ng korte as a remedy, 1) Certiorari 2)
Prohibition 3) Mandamus. Rule 65 on Certiorari ang
mahalaga nating mapagusapan sa ngayon. Ang nature
nito is important and kailangan na madiscuss sa
umpisa para mapadali ang inyong pag pag aaral sa
procedure.
Gagamitin mo lang ang
This Rule is the
Rule na ito kapag
"remedy of last resort".
naubos mo na ang mga
remedies available para sayo according sa Rules of
Court. Sa moment na na-exhaust mo na lahat ng
available remedy mo at wala ka ng ibang remedy na
matatakbuhan, ang Rule 65 and iyong huling halakhak.
Saan ba nang galing ang Rule 65, particulatly
Certiorari?
Constitution - Art VIII. SECTION 1. ...and to determine whether or not there has
been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Galing ito sa expanded powers of the Courts given to
them by the Constitution. Kaya ito tinatawag na
expanded dahil kaya na ng courts pwede na mag inquire
sa mga so called political question basta meroong abuse
of discretion sa part ng isang government official na
may dicretionary powers.
Malinaw naman na ang GROUNDS para magamit mo
ang Rule 65 on Certiorari ay "ABUSE OF
DISCRETION", this is the very remedy that is being
used kapag ang isang official na may prerogative or
discretionary powers ay nag abuse ng kanyang
kapangyarihan. Karaniwan ang mga may mga ganitong
powers ay ang mga the President, his Cabinet members
, the Judges or the Justices, and other high officials with
power to make decisions on theri office.
Rule 65 on Certiorari
Feat Political Question
G. rule
All omission and action of any branch of the
government is subject to Judicial review
Expt.
The SC cannot review discretions that is
purely political question. Political Question is
an issue where the Court cannot exercise
judicial review concerning the wisdom of the
policy in question. Political question arises
when there is a question whether the decision
or discretion of the official is within his sole
prerogative. If the discretion of the official is
within the bounds of law, it can never be
question by the SC. It will be tantamount to
violation of separation of powers if they do
so.
Expt. - Expt.
Because of the expanded power of judicial
review (2nd part), the political question
doctrine has been adversely affected; in fact,
it has been greatly diminished. Because
actually nowadays, even if the question
presented before the court appears to be a
political question, for as long as there is
sufficient allegation of grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government, the court
may still intrude into those questions.
mdj
THE PLAY
THE PLAYERS
THE PLAY
Remedial law is like playing a
chess game, every move counts at
sa fair play ng procedure, each
move of ethier the plaintiff or the
defendant maybe fatal to the case.
Kaya pag iisipan mo ng mabuti ang moves na gagawin
mo sa isang case. Remember remedial law only comes
to play when the law is procedural in nature.
Supreme Court - Gumawa ng
Procedure (Rules sa play)
PARTY/PARTIES:
Plaintiff/
Complainant
Individual or any Juridical Entity
- ung may issue at naghahanap ng
sagot sakanyang problema (Mag
eengage sa play para makahanap
ng tamang sagot sakanyang
problema)
Defendant/
Respondent/
Accused
Individual or any Juridical Entity
- ung pinaghihinalaan na may
atraso sa plaintiff. In criminal
cases, only an Individual can be
an accused.
Courts - ang lugar kung saan
nagaganap ang play. Ito ay
katumbas ng chessboard sa larong
chess.
Counsel / Lawyer - ang
magrerepresent sa plaintiff or
defendant sa Korte sa mga Action
na kailangan ng service nila.
Judge
THE COURTS
Judge / Justices - ang mag sasabi
kung sino ang tama at mali
between the plaintiff and rhe
defendant. Siya din ang may
powers to grant special orders ng
courts at magbigay ng proper
award sa nanalong party.
Plays
A. Out-side Court play
Ito ay ang first stage ng pag resolve ng isang issue na
hindi na kailangan pa mag fifile sa Korte. Pwedeng
ayusin ang isang problema sa paraan ng pakikipag
negotiate and arbitrate or to put into settlement ang
pinagtatalunang issue which is called judgement call.
Isa pang kaparaanan ay ang tinatawag na Alternative
Dispute Resolution na matatalakay naman sa isang
minor subject sainyo sa law school.
Judgment Call
Ang isang party with his or her lawyer may try to
settle things with the other party witout going to court.
This stage is also called out-side court judgment call,
or lawyer's judgement call. You need to know din na
ang lawyer once na tinanggap niya ang case ng client,
the lawyer according to their Code of Professional
Responsibility is duty bound to handle the course of
the case. It is now dependent on the lawyer's judgment
call kung ano ang pipiliin niya na move. In this game,
kahit hindi pa nag uumpisa ung laban sa korte, pwede
ka na manalo by just using your judgement call, as a
lawyer.
B. Inside Court Play
This stage is the stage
where a party to case will
file his complaint to the
court. Tandaan, in order
for a plaintiff to file a
case in court, the case
must be actionable.
mdj
Unahin natin ang gumawa ng play. ang gumawa ng
play at mechanics ng play is the Supreme Cout kasi
sila ayon sa Constitution ang may "powers to
promulgate rules on procedure". Ang Supreme
Court ang gumawa ng Rules of Court. Nakapaloob sa
Rules of Court ang instructions and mechanics ng
play ng procedure. Ang Rules of Court ay isang batas
na nag iinstruct saatin papano makakuha ng remedyo
sa ating mga problema na meron tayong karapatan
ayon sa batas din.
ISSUE
ACTIONABLE?
To put it simply, lahat ng tao ay may
problema, ang problema na iyon ay pwedeng
pagmulan ng isang issue, at ang issue ay
possibleng pag mulan ng isang karapatan.
Ang karapatan naman sa isang issue ay
nagmumula sa batas at kontrata. So... bago
tayo mag-engage sa play ng procedure,
kailangan meron muna tayong actionable
issue.
Rights,
Duty and
Obligation
ISSUE
Sources:
Law and
Contracts
An iyong issue ba ay nagmula sa
law or contracts kung saan nang
galing ang iyong right, or duty or
obligation?
YES
NO
NOT ACTIONABLE!
ACTIONABLE!
actual controversies involving
rights which are legally
demandable and enforceable
A. Out-side Court play
Lawyer's Judgment Call
B. Inside Court play
Go to Courts
Action
An action is the legal and formal
demand of one's right from
another
person
made
and
instituted upon in a court of
Justice (Hermosa vs. Dela Riva,
G.R. No. L-19827 , April 6 1923).
Action
legal
and
formal
demand of one's right
Constitution
Sec. 1 | Art 8
SECTION 1. ...
Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the
Government.
Court's
Power
duty of the courts of
justice to settle actual
controversies
involving
rights
which are legally
demandable
and
enforceable
ACTIONABLE!
For example, nag aaway kayo ng iyong
kaibigan at pinag aawayan niyo ay kung ang mundo
ba ay bilog or flat.
Boi..Round
ang Earth!
Flat un
tol!
Vs.
Ang iyong kaibigan ay isang member ng Flat Earth
Society. Sa inyong pag tatalo, hindi niyo mapag
desisyunan kung sino ang tama sainyo... ang tanong
sa ganitong scenario is kung may RIGHT OF
ACTION or karapatan ba kayo mag punta ng Korte
para malaman kung sino ang tama sainyong dalawa?
Ang sagot ay WALA! Bakit? dahil wala namang
legally demandable and enfoceable right sa
katanungan na kung ang Earth ay flat or round sa
kahit sinong party. Wala naman pang huhugutan ng
rights, duty, or obligation ang katananungan na ito.
Thus, walang kang mapapala sa Korte kahit na tama
na round ang Earth dahil hindi mo naman mapapaexecute sa kaibigan mo na tama ka, dahil wala ka
naman source of right to do so.
mdj
Conclusion
Para makakuha ka tinatawag na RIGHT OF ACTION
at makapag file ka sa korte dapat ang isang issue is
actionable, meaning dapat galing sa batas or kontrata
ang pinagmulan ng inyong issue. Dito hinuhugot ang
iyong rights, or duty, or obligation na makikita
naman sa Articla 1157 of the Civil Code, ito ang
sources ng obligation. Ang obligation kasi ang
nagbibigay ng binding effect sa mga rights ng tao at
para ito maging enforceable sa courts.
Kapag nagka-problema ang isang individual or entity,
sa isang civil case, dadaan muna siya sa pag
determine ng issue kung ito ay merong actual
controversies involving rights which are legally
demandable and enforceable, dahil kung hindi ito ay
hindi tatangapin ng korte. After determination, mas
proper muna na mag daan sa isang pag susuri kung
ano ang better na move sa problem at hand, dahil
pwede makipag settle ang isang party ng hindi na
magpupunta pa sa court.
Ididiscuss natin fully ang ACTION pag dating natin
sa stage 1, RULE 1 ng Rules of Court.
Lawyering
Phases before available remedies in court commences
1
Issues with
legal action
2
Judgment call by:
Judicial Bodies
Lawyer
Private Individiual
ISSUE
or
Pending Isuue
3
Determination by:
Courts of Justice
Quasi-courts
Quasi-judicial
bodies
Prosecutor
& other officials
Lawyering is about issues and the proper application of the law. Issues emerge because of our differences in so
many factors, such as traditions, culture, morals, history, and more. First and foremost, if humanity does not
have any problems, no issue will arise.
Issues that pertain to rights and obligations of a person are to be solved ultimately by those who study the law.
That is why you, as a student of the law, must be a master of it. To master it, one must know that lawyering is
not all about filing a case in court but also having the sound discretion on how to deal with the problems at hand.
The first thing is to know whether there is a genuine issue to be resolved and if it is a matter of legal action. As a
lawyer, after such determination, your next step is a judgment call. The judgment call is your plan for resolving
the issue before and after going to court.
mdj
THE PLAYERS
Determination of issue
or probable cause
Mag kahiwalay ang determination ng
issue and probable cause. the first is civil
in nature and the last is criminal in nature.
Civil in nature issues can be determined
by a private individual or his/her lawyer.
While Criminal in nature issues can only
be determined by the State through their
agents namely, the law enforcers in case
of hot pursuit or in flagrante delicto arrest,
the Prosecutor, etc...
I will categorize the players based on cronological order from
identifying the issue or whether there is probable cause to enter a
Judicial proceeding, upto the statisfaction of Judgment. There are three
primary stages in remedial law, the determination of issue or probable
cause, the court hearing, and the enforcement of the judgement.
Criminal in nature
Civil in nature
Lawyer
Law enforcer
(PNP - police)
Lawyer
Officers authorized to conduct
Preliminary Investigation
Private individual
Court procedure
After determination if there is an issue
which will raise cause of action or probable
cause by the private individual, or lawyer,
or any appropriate officer. The next step is
either a judgment call or filing a necessary
action in court. Once a complaint is filed in
court, it shall be filed in the clerk of court,
and then it will be raffled to a judged and
the case will proceed until Judgement will
is served.
Enforcement of the
judgement
Ang enforment ng judgment ay ang
hulign yugto ng proceedings. Here, the
winning party together with the sheriff
shall enforce whatever it is that has been
awarded in the Judgement. If pera ang
award, edi mangongolekta ng pera sila
sherrif sa losing party. Ang rules sa
Enforcement of Judgment stage ay
matatagpuan sa Rule 39. Execution. Itong
single Rule na ito ay ang nagsisilbing
bible sa isa trabaho ng isang sheriff.
Sheriff
Judge
Clerk
of court
Plaintiff
Defendant
Counsel
Counsel
Sheriff
Amicus Curae
Guardian
Commissioner
mdj
THE COURTS
Meaning of a court
A court is an organ of government belonging to the
judicial department the function of which is the
application of the laws to controversies brought before
it as well as the public administration of justice.
(Black‘s, 5th Edition, 356).
Juris. A court is an entity or body vested with a
portion of the judicial power. (Lontok vs.
Battung, 63 Phil. 1054)
Why vested only a portion of the Judicial power?
“The judicial power shall be vested in one
Supreme Court (SC) and in such other lower
courts as may be established by law.” - Sec 1. Art
8. Constitution.
Judicial power is exercised by many courts as
provided by the law specifically by BP 129. The courts
are divided into different jurisdictions and they have a
heirarchy so that the Supreme Court will not be
burdened with so many cases and it can focus on more
important matters.
vs.
Court
Judge
A tribunal vested with a A person or officer who
portion of the judicial presides over a court
power.
The court continues to
exist even after the judge
presiding over it ceases
to do so.
Judges are human beings
– they die, they resign,
they retire, they maybe
removed
A court is an office
A judge is a public
officer
Jurisdiction attaches to
the Courts
Jurisdiction does NOT
attach to the Judge.
A court is a legal construct that exists until the
law abolishes it.
Doctrine of non-interference
This doctrine holds that courts of equal and coordinate
jurisdiction cannot interfere with each other‘s orders
This principle also bars a court from reviewing or
interfering with the judgment of a co-equal court over
which it has no appellate jurisdiction or power of
review
Thus, when a court like RTC issues an order that
nullifies a decision of another RTC, such order is void
because it interferes with a court which has same
jurisdiction.
Tinatawag din ang doctrine na ito na "Doctirne of
Judicial Stability" because it stabilize the heirarchy or
courts. Kung wala ang principle na ito, kahit saan
nalang pwede mag file ng case at masisira ang structure
ng powers of the courts.
Juris.
Philippines Sinter Corporation vs. Cagayan
Electric Power and Light Co., Inc.,
G.R. No. 127371 | April 25, 2002
SANDOVAL-GUTIERREZ, J.
When the law provides for an appeal from the decision
of an administrative body to the Supreme Court or
Court of Appeals, it means that such body is co- equal
with the Regional Trial Court in terms of rank and
statute, and logically beyond the control of the latter
Thus, the doctine of non-interference or
judicial stability applies to quasi-judicial bodies
and courts.
G. rule Doctrine of non-interference must be observed.
Expt. The principle does not apply where a third-party
claimant is involved, who may vindicate his
claim.
mdj
Principle of Judicial Hierarchy
This is the prescribed order of recourse to courts with
concurrent jurisdiction, beginning from the lowest, on
to the next highest and ultimately to the highest.
Hierarchy of Courts in the Philippines
A. Ordinary Courts
Supreme Court
A direct invocation of the Supreme Court’s original
jurisdiction should be allowed only when there are
special and important reasons therefor. (Montes v.Court
of Appeals, G.R. No. 143797, 4 May 2006)
This hierarchy is determinative of the venue of appeals,
and is likewise determinative of the proper forum for
petitions for extraordinary writs. This is an established
policy necessary to avoid inordinate demands upon the
Court‘s time and attention which are better devoted to
those matters within its exclusive jurisdiction, and to
preclude the further clogging of the Court‘s docket
(Sec. 9[1], BP129; Sec. 5[1], Art. VIII, Constitution of
the Philippines).
G. rule
To simplify, ang application ng concept ng
judicial heirarchy ay may dalawang requirement:
1. Concurrent jurisdiction
RTC / CA / SC both has concurrent
jurisdiction of Habeas Corpus, Rule 65 Petition for Certiorari, Prohibition, and
Mandamus
2. Hierarchy of courts
The rule is to observe the heirarchy of the
courts when filing a case with concurrent
jurisdiction.
You can not simply file a case with higher
courts even though the higher court has
orginial jurisdiction over the petition of
Habeas Corpus, Certiorari, Prohibition, and
Mandamus. The rule is you must file the
petition in the lower courts which has original
and concurrent jurisdiction.
Can you file Petition for Certiorari under Rule 65
directly in SC?
No, because RTC and CA has also original
jurisdiction over the Petition. The general rule is
that you must respect the heirarchy of courts when
filing a case with courts that has concurrent
jurisdcition.
Court of Appeals
Regional Trial Courts
Metropolitan Trial Courts
B. Special Courts
Court of Tax Appeals
Sandiganbayan
Family Courts
Special Commercial Courts
Shaira District & Circuit Courts
Expt.
When the Doctrine of Hierarchy of Courts
May Be Disregarded?
If warranted by the nature and importance of
the issues raised in the interest of speedy
justice and to avoid future litigations;
In cases of national interest and of serious
implications. Under the Principle of Liberal
Interpretation, for example, SC may take
cognizance of a petition for certiorari directly
filed before it;
When there are special and important reasons
clearly stated in the petition;
When dictated by public welfare and the
advancement of public policy;
When demanded by the broader interest of
justice;
When the challenged orders were patent
nullities; or,
When analogous exceptional and compelling
circumstances called for and justified the
immediate and direct handling by the
Supreme Court (Republic vs. Caguioa, G.R.
No. 174385, February 20, 2013).
Thus, the doctine of heirachy of courts can
be disregarded if the above mentioned grounds are
present. It means pwede ka mag file directly ng
Petition for Certiorari under Rule 65 directly sa
SC kung meron kang isang ground sa taas.
mdj
Inherent Powers of Courts
Inherent powers of courts (Sec. 5 | Rule 135)
Section 5. Inherent powers of courts. Every court shall have the
power:
(a) to preserve and enforce order in its immediate presence;
(b) to enforce order in proceedings before it, or before a person
or persons empowered to conduct a judicial investigation under
its authority;
(c) to compel obedience to its judgments orders, and processes,
and to the lawful orders of a judge out of court, in a case therein;
(d) to control, in furtherance of justice, the conduct of its
ministerial officers, and of all other persons in any manner
connected with a case before it, in every manner appertaining
thereto;
(e) to compel the attendance of persons to testify in a case
pending therein;
(f) to administer or cause to be administered oaths in a case
pending therein, and in all. other cases where it may be necessary
in the existence of its powers;
(g) to amend and control its process and orders so as to make
them conformable to law and justice;
(h) to authorize a copy of a lost or destroyed pleading or other
paper to be filed and used instead of the original, and to restore,
and supply deficiencies in its records and proceedings.
What is the principal powers of the courts?
The power to decide and to ENFORCE such
decision. Every court has the mandate to ensure
that its entire order is carried out; to compel
compliance with its order. This means na dapat
mapatupad ng courts ang kanilang desicion
Enforceability of writs and courts processes
What is the area of enforceability of writs and
processes of courts?
(Section 3, Interim Rules)
Certiorari, Prohibition,
Mandamus, Quo
warranto, Habeas
corpus, Injunction
Others (Summons,
Warrant of arrest,
search warrants, Writ
of execution
RTC - Anywhere within
All other writs are
the region. It cannot be
enforceable anywhere in
enfore outside its region.
the Philippines
Power to enforce
Power to enforce!
(Sec. 6 | Rule 135)
SEC 6. Means to carry jurisdiction into effect – When by law
jurisdiction is conferred on a court or a judicial officer, all auxiliary
writs, processes and all other means to carry it into effect maybe
employed by such court or officer; and if the procedure to be
followed in the exercise of such jurisdiction is not specifically
pointed out by law or these rules, any suitable process or mode of
proceeding may be adopted which appears conformable to the spirit
of said law or rules.
Kung may power mag decide ang courts, meron din
itong power to enforce such decision. The Suprme
Court in many cases said that if the law is silent, it is
the power of the court to make one, on how to enforce
it. That is part of the court's power. Hanapan ng paraan
how to enforce it!
Classification of Courts
Constitutional
Courts
Statutory Courts
Created directly by the Created by law or by the
Constitution itself.
legislature.
The Supreme Court
The Supreme Court is the only judicial court that
is created by the Constitution.
Statutory Courts
The following are statutory courts created by the
legislative body (Congress):
MTC - RTC - CA / CTA
SandiganBayan - although in 1973
Constitution orderd the creation of
SandiganBayan it was still the legilative who
created a law PD 1486 which created SB.
N.B MTC, RTC, CA/CTA/SB are created by
congress. The congress as well can abolish
them, not the SC.
mdj
Courts of Law
Courts of Equity
Tribunals that decides
Tribunals that only
according
to
their
administer the law of the
conscience or equity of
land.
justice.
It dosposes
It disposes the case according to
according to what the compass and
law says
of the judge,
of law.
the case
the moral
conscience
and equity
Our courts are both courts of law and equity. But
the rule is that courts must follow the law first if it
is clear, if the law is silent, the court can decide
based on equity, based on what is just and fair.
This is the principle of "Equity follows the law".
Equity is also embedded in our laws. An example
of which is the principle of estoppel, consequently,
it is not appropriate to disavow one's own
representation after deceiving someone.
ALONZO vs. INTERMEDIATE APPELLATE
COURT May 28, 1987, J. Cruz
HELD: “The question is sometimes asked, in serious
inquiry or in curious conjecture, whether we are a
court of law or a court of justice. Do we apply the law
even if it is unjust or do we administer justice even
against the law? Thus queried, we do not equivocate.
The answer is that we do neither because we are a
court both of law and of justice. We apply the law
with justice for that is our mission and purpose in
the scheme of our Republic.”
Superior Courts
Known as courts of
general jurisdiction, are
those
which
take
cognizance of all kinds
of cases, whether civil or
criminal, and possess
supervisory
authority
over lower courts.
1st level courts
These are known as
"courts of special or
limited jurisdiction," and
are those which take
cognizance of certain
specified cases only.
Also known as Inferior
courts.
Original Courts
Appellate Courts
Where a case is
commenced
Where a case is
to be reviewed
Kung mag fifile ka ng case for the first time, you
file it sa original courts. Then you may file to
appellate courts if natalo ang case mo sa original
court. Ang original court ay tinatawag din an
"Court A Quo".
Civil Courts
Criminal Courts
Courts that cognizable
of civil cases only.
Courts that cognizable
of criminal cases only.
All courts in the Philippines are both Civil and
Criminal Courts at the same time. Our courts such
as SC, CA, SB, RTC and MTC can decide civil
and criminal cases.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
What is new?
MAJOR
AMEDNMENTS:
B. Period to file pleadings
Defendant shall file his o her answer within 30 calendar
days after the service of summons. The “Calendar
Days” are now adopted in the RULES!
Period to file Answer
(Sec. 1 | Rule 11)
Section 1. Answer to the complaint. – The defendant shall file his or
her answer to the complaint within thirty (30) calendar days after
service of summons, unless a different period is fixed by the court.
(1a)
PLEADINGS
A. Insertion of Evidentiary Matters
Complaint must now include evidentiary matters,
example, judicial affidavits and copies of documents.
Pleading
(Sec. 1 | Rule 8)
Section 1. In general. – Every pleading shall contain in a methodical
and logical form, a plain, concise and direct statement of the ultimate
facts, including the evidence on which the party pleading relies
for his [or her] claim or defense, as the case may be...
A Pleading must not only state the Ultimate
facts, but must also include the EVIDENTIARY
FACTS. The reason is that the parties, upon the filing
of their pleadings, must lay down their cards on the
table so that the court can immediately determine
whether meritorious issues were raised by the parties.
From here pwede na mag dismiss agad ng kaso ang
judge kung walang evidence included sa initiatory
pleading.
Contents
(Sec. 6 | Rule 7)
Section 6. Contents. – Every pleading stating a party’s claims or
defenses shall, in addition to those mandated by Section 2, Rule 7,
state the following:
(a) Names of witnesses who will be presented to prove a party’s
claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided
that the judicial affidavits of said witnesses shall be attached
to the pleading and form an integral part thereof. Only
witnesses whose judicial affidavits are attached to the
pleading shall be presented by the parties during trial. Except
if a party presents meritorious reasons as basis for the
admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the
allegations contained in the pleading. (n)
Extension to file and Answer is only one time!
Extension
(Sec. 11 | Rule 11)
Section 11. Extension of time to file an answer. – A defendant may,
for meritorious reasons, be granted an additional period of not more
than thirty (30) calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an answer, is
prohibited and considered a mere scrap of paper. The court, however,
may allow any other pleading to be filed after the time fixed by these
Rules. (11a)
C. Answer
Answer must contain all affirmative defense; failure
to raise the affirmative defenses at the earliest
opportunity shall constitute a waiver thereof.
D. Reply
Reply
(Sec. 10 | Rule 6)
Section 10. Reply. – All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, such claims shall be set
forth in an amended or supplemental complaint. However, the
plaintiff may file a reply only if the defending party attaches an
actionable document to his or her answer.
A reply is a pleading, the office or function of which is to deny, or
allege facts in denial or avoidance of new matters alleged in, or
relating to, said actionable document.
In the event of an actionable document attached to the reply, the
defendant may file a rejoinder if the same is based solely on an
actionable document. (10a)
As a general rule, a reply is not allowed! The only
exception is when the defendant attaches an
ACTIONABLE DOCUMENT to the answer.
Consequently, a rejoinder is only allowed when an
actionable document is attached to the reply.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Presumptive service
FILING & SERVICES
Manner of filing
(Sec. 3 | Rule 13)
Section 3. Manner of filing. – The filing of pleadings and other court
submissions shall be made by:
(a) Submitting personally the original thereof, plainly indicated
as such, to the court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other electronic
means as may be authorized by the [c]ourt in places where the
court is electronically equipped...
Modes of service
(Sec. 5 | Rule 13)
Section 5. Modes of [s]ervice. – Pleadings, motions, notices, orders,
judgments, and other court submissions shall be served personally or
by
registered mail,
accredited courier,
electronic mail,
facsimile transmission,
other electronic means as may be authorized by the [c]ourt, or as
provided for in international conventions to which the
Philippines is a party. (5a)
Electronic means
(Sec. 9 | Rule 13)
Section 9. Service by electronic means and facsimile. – Service by
electronic means and facsimile shall be made if the party concerned
consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to
the party’s or counsel’s electronic mail address, or through other
electronic means of transmission as the parties may agree on, or upon
direction of the court.
Service by facsimile shall be made by sending a facsimile copy to the
party’s or counsel’s given facsimile number. (n)
(Sec. 10 | Rule 13)
Section 10. Presumptive service. – There shall be presumptive notice
to a party of a court setting if such notice appears on the records to
have been mailed at least twenty (20) calendar days prior to the
scheduled date of hearing and if the addressee is from within the
same judicial region of the court where the case is pending, or at least
thirty (30) calendar days if the addressee is from outside the judicial
region. (n)
SERVICE OF SUMMONS
Clerk will issue summons (Sec. 1 | Rule 14)
Section 1. Clerk to issue summons. – Unless the complaint is on its
face dismissible under Section 1, Rule 9, the court shall, within five
(5) calendar days from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk of court to issue
the corresponding summons to the defendants. (1a)
Court’s first action bago magpadala ng summons…
The court is authorized to dismiss the complaint motu
propio when any of the non-waivable grounds to
dismiss are present. The non-waivable grounds under
Sec 1 Rule 9 are:
No Jurisdiction over the subject matter
Litis pendencia
Res Judicata
Prescription
Kapag nadetermine ng court na hindi dapat madismiss
ang case, there magpapadala na ng summons and court
within 5 calendar days.
Plaintiff may serve summons:
By whom served?
(Sec. 3 | Rule 14)
Section 3. By whom served. – The summons may be served by the
sheriff, his or her deputy, or other proper court officer, and in case of
failure of service of summons by them, the court may authorize the
plaintiff - to serve the summons - together with the sheriff.
...xxx... If the plaintiff misrepresents that the defendant was
served summons, and it is later proved that no summons was
served, the case shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff shall be meted
appropriate sanctions.
Failure to comply with the order shall cause the dismissal of the
initiatory pleading without prejudice. (3a)
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Substituted Service of Summons
Under section 6, Rule 14, if for justifiable causes,
the defendant cannot be served personally after at
least 3 attempts on two different dates, substituted
service may be affected.
Substituted service can be effected either to a
person at least 18 years of age and of sufficient
discretion residing at the defendant’s house; to a
person who customarily receives correspondences
for the defendant; if refused entry, to the officers of
HOMEOWNERS’ association or condominium
corporation, o its chief security officer in charge of
the community; or by sending an electronic mail to
the defendant, if allowed by the court.
NB: kapag hindi tinaggap ng head of security or officer
ng condo or homeowners, sila ay pwede icontempt ng
korte (contempt of court)
NB: Kasama na din ang mga tao na regular na
tumatanggap ng communications ang tumaggap ng
service of summons.
Substituted service
(Sec. 6 | Rule 14)
Section 6. Substituted service. – If, for justifiable causes, the
defendant cannot be served personally after at least three (3) attempts
on two (2) different dates, service may be effected:
(a) By leaving copies of the summons at the defendant’s
residence to a person at least eighteen (18) years of age and of
sufficient discretion residing therein;
(b) By leaving copies of the summons at [the] defendant’s office
or regular place of business with some competent person in
charge thereof. A competent person includes, but is not limited
to, one who customarily receives correspondences for the
defendant;
(c) By leaving copies of the summons, if refused entry upon
making his or her authority and purpose known, with any of the
officers of the homeowners’ association or condominium
corporation, or its chief security officer in charge of the
community or the building where the defendant may be found;
and
(d) By sending an electronic mail to the defendant’s electronic
mail address, if allowed by the court. (7a)
International Service
International conventions (Sec. 9 | Rule 14)
Section 9. Service consistent with international conventions. –
Service may be made through methods which are consistent with
established international conventions to which the Philippines is a
party. (n)
Under Sec 9, Rule 14, service of summons may be
made through methods which are consistent with
established international conventions to which the
Philippines is a party, such as the Hague Service
Convention.
MOTIONS
Binago nag rule 15 and 16, tinagal ang
rule 16, pinag hiwahiwalay ang mga motion,
hinati at clinasify into three:
Litigious
Non-litigious
Motion to dismiss
Non- litigious motion
Non-litigious motions are those which the court
may act upon without prejudicing the rights of
adverse parties. These motions shall not be set for
hearing and shiuld be resolved by the court within
5 calendar days from receipt thereof.
Sec 4, Rule 15 enumerates the non-litigious
motions:
1.Motion for the issuance of an alias
summons
2.Motion for extension to file answer
3.Motion for postponement
a.
Limited ground for postponement
(act of god, etc)
b. Postponement fee! Hindi tatanggapin
ng korte ang motion for postponement ng
walang receipt of postponement fee
under rule 141
4.Motion for the issuance of writ of execution
5.Motion for the issuance of an alias writ of
execution
6.Motion for issuance of writ of possession
7.Motion for the issuance of an order
directing the sheriff to execute the final
certificate of sale
8.Other similar motions.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Litigious motion
Motion na kailangan pagaralan ng judge… Litigious
motions are those which the court may only act upon
by giving the adverse party the opportunity to file an
opposition thereto. Sec 5, Rule 15 enumerates the
litigious motions:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive
pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ
of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default;
and
14) Other similar motions.
NB: Litigious motions are not automatically set for
hearing. Sec 6, Rule 15 states that only of
necessary for its resolution, shall the court call a
hearing on the motion. So wala na ung notice of
hearing! Okay!? So kapag nakatanggap mo ang
motion which is litigious in nature, obligado agad
ang opposition party na magfile ng opposition or
comment, again wala ng notice notice pa…
deretsyo comment na agad.
NB: kapag Nakita naman ni judge na hindi na
kailangan ng hearing sa litigious motion he can
decide so. If he needs to clarify something, then he
can set the case for clarification hearing and after
that he can resolve the motion.
Prohibited Motions
* Sec 12, Rule 15 enumerates the prohibited motions:
1.Motion to dismiss except on the following
grounds:
a.No Jurisdiction over the subject matter
b.Litis pendencia – there is another action
pending bet. Same parties and for same cause
c.Res Judicata – barred by prior judgement
d.Prescription – barred by statute of limitations
NB: Rule 16 (Motion to dismiss) has been deleted or its
provisions have been transposed. Motion to dismiss is
now a prohibited pleading except on the four nonwaivable grounds above. Consistent with Sec 1, Rule 9.
2.Motion to hear affirmative defenses
Jurisprudence: hearing of affirmative defenses is
discretionary to courts.
3. Motion for reconsideration of the court’s action
on the affirmative defenses
4. Motion to suspend proceedings without a
temporary restraining order or injunction issued by
the higher court
5. Motion for extension of time to file pleadings,
affidavits, or any other peppers, except a motion for
extension to file an answer as provided by Sec 11,
rule 11
6. Motion for postponement intended for delay,
except if it based on:
a. Acts of God
b. Force majeure
c. Physical inability of the witness to appear and
testify
If the motion is granted based on such
exceptions, the moving party shall be
warned that the presentation of its evidence
must still be terminated on the dates
previously agreed upon.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
PRE-TRIAL
The Judge
The 2019 amendments emphasize the
pro-active role of judges during pre-trial
Pre-trial shall first be conducted in order
to, among others, simplify the issues of
the case
Warranted the judge may motu propio
indicate in the pre-trial order that the
case be submitted for summary
judgement or judgement on the
pleadings.
Note: to ensure that the summary
judgment or judgment on the pleadings
are complied with by the parties, you
cannot appeal on certiorari the order of
the court on the motion granting
summary judgement or judgement on the
pleadings.
After pre-trial and when there are
remaining issues, the case shall be
referred to CAM (court-annexed
mediation) for non-extendable period of
30 days
Judicial Dispute Resolution is not
anymore mandatory! It is discretionary
only when the judge of the court to
which the case was originally raffled is
convinced that settlement is still possible
TRIAL
Continuous Trial Rule: Adopted
The schedule of the trials are now
continuous
The plaintiff and defendant are given
period of 90 days each to present their
evidence
As a rule, the presentation of evidence shall
be terminated within a period od 6 months
or 180 calendar days. If there are 3rd (4th,
etc) party claim, counter claim or crossclaim, the presentation of evidence of all
parties shall be terminated within a period
of 10 months or 300 calendar days.
Again, postponement of hearing is not
allowed except if it is based on Acts of
God, Force majeure, Physical inability of
the witness to appear and testify.