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.