1997 Rules on Civil Procedure 2001 Edition

INTRODUCTION

INTRODUCTION
The first thing that we will take up in Civil Procedure are basic concepts. We are going to discuss the legal concept of courts. As you will know, whenever we talk of procedural law, we have no choice but to involve courts in our discussion. Lets try to have a ental picture of courts. !f ! "#ean !$igo% say &courts, please tell e the scene that co es into your ind. What do you see' There is a table, a gavel, there is so eone sitting there. Then below, there are lawyers sitting down. That is how everybody pictures a court. (ut actually, what was pictured out was a courtroo and not a court. )i ilar e*a ple+ ,ow can you picture a corporation' A corporation, as you know in Persons, is a -uridical entity. !t is a creature of the law. !t is a person under the law but it has no physical e*istence. (ut what you see in a corporation is a building and people who are running the office business. Well, that is the office of the corporation. A corporation cannot run without people running it. (ut a corporation can own properties, kaya you see the building, the office, the e.uip ents there. The president or the vice/president are the officers of the corporation. (ut the officers are not the corporation0 they run the affairs of the corporation. 1anoon din ang court. A court has no physical e*istence, only a legal one. 2+ What is a court' A+ A court is an entity or body vested with a portion of the -udicial power. "Lontok vs. (attung, 34 Phil. 5678% 2+ Why &portion only' A+ This is because the Constitution provides that 9the -udicial power shall be vested in one )upre e Court ")C% and in such other lower courts as ay be established by law.: "Art. ;!!!, )ection 5, 5<=> Constitution. The reason that the law creates different courts is to divide the cases or -udicial power a ong the so that one court ay not be burdened with so any cases. )o, -udicial power is not e*ercised only by one court, but by several courts. !t is like a cake. ?ou slice the cake into parts @ this part is for you, this part is ine. )o, kanya/ kanya tayo ng trabaho. ?ou cannot put the burden only in one court. Aor e*a ple, you want to sue your debtor for not paying a loan. ?ou ean to tell e that you will go to the )C' All cases in the Philippines will have to filed there' BC. ?ou cannot do it. ?ou have to start fro certain courts in you city or unicipality. Bgayon, pag/sinabi o kung saan ako ag/file, sa Degional Trial Court "DTC% ba' C sa Eunicipal Trial Court "ETC%' Cf course, depende yan on how uch you are clai ing. !f you are clai ing so uch, dito ka. !f you clai is lower, dito ka na an. Why is that' (ecause each has its own work. Fach one has its own portion @ what is yours is yours, what is ine is ine. Thus, each court has its own -urisdiction and ay only try cases within its -urisdiction. Bo court has all the power of the -udiciary but only a portion of it. )o there is a division of labor. Gust as corporations cannot act without its officers, a court cannot function without a -udge. (ut do not say that the court and the -udge ean the sa e thing. The -udge is the person or officer who presides over a court. 2+ #istinguish court fro -udge. A+ The following are the distinctions+ 5.% Court is the entity, body, or tribunal vested with a portion of the -udicial power, while -udge is the person or officer who presides over a court. Gudges are hu an beings @ they die, they resign, they retire, they aybe re oved. The court continues to e*ist even after the -udge presiding over it ceases to do so. H.% The two concepts ay e*ist independently of each other, for there ay be a court without a -udge or a -udge without a court. "Pa intuan vs. Llorente, H< Phil. 48H% FIAEPLF+ The present )upre e Court ")C%, the -ustices presiding over it are not the sa e -ustices who presided it in the early part of this century yet the Court in so e decisions states that 9as early 5<67, &WF have already ruled such as suchJ: Why do they use &WF' They are talking about

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INTRODUCTION

the court, they are not talking about the selves. The court is continuous. !t does not die alongside with the -ustices who presided on it. 2+ Classify courts in general. A+ 1enerally, courts ay be classified as+ 5.% )uperior Courts and Airst/Level courts "inferior courts%0 H.% Courts of Criginal -urisdiction and Courts of Appellate -urisdiction0 4.% Civil Courts and Cri inal Courts0 8.% Courts of law and Courts of e.uity0 7.% Constitutional Courts and )tatutory Courts. SUPERIOR COURTS vs. FIRST-LEVEL COURTS 2+ #istinguish superior courts fro inferior courts. A+ )KPFD!CD CCKDT), otherwise known as courts of general -urisdiction, are those which take cogniLance of all kinds cases, whether civil or cri inal, and possess supervisory authority over lower courts. A!D)T/LF;FL CCKDT) "inferior courts%, otherwise known as courts of special or li ited -urisdiction, are those which take cogniLance of certain specified cases only. "58 A . Gur. H8<% 2+ What courts are superior or inferior' A+ !t #FPFB#) on what viewpoint you are looking. !f you are looking fro Constitution, there is only one superior court @ the )upre e Court. the viewpoint of the

Aro the real viewpoint, the Court of Appeals "CA% aybe inferior to the )C but it is a superior court for it e*ercises supervision over DTC. !n the sa e anner that the DTC ight be inferior to the )C and the CA but it has also power of supervision over ETC. The -urisdiction of the DTC is varied. !t is practically a -ack of all trade. The DTC has also the power of supervision over ETC. A superior court ay therefore handle civil, cri inal cases while an inferior court only. The )C, CA including the DTC are considered as superior courts. ay try specified cases

The ETC is a first/level "inferior% court so that its power is li ited to specified cases despite of the law which e*panded the -urisdiction of the ETC. !t is already at the botto . Wala ng under pa sa kanya. !n 5<<3 (ar+ F*plain the hierarchy of courts in the Philippines. Practically, the -udicial level is being asked by the e*a iner. ORIGINAL COURT vs. APPELLATE COURT 2+ #istinguish original court fro appellate court. A+ CD!1!BAL CCKDT) are those where a case is co enced, while APPFLLATF CCKDT) are those where a case is reviewed. "(allentineMs Law #ict., Hnd Fd., p. <5% )o, if you are filing a case for the first ti e, that case is filed in an original court. (ut the case does not necessarily end there. ?ou ay bring the case to the appellate court which has the power to change the decision of the original court. 2+ !s the )C an original or appellate court' A+ The )C is both an original and an appellate court. )o e people have the i pression that you cannot file a case there for the first ti e @ that you have to file it so ewhere else, then doon ")C% o i/akyat. (ut when we study the -urisdiction of the )C, we will be able to know that it is not only an appellate court, but also an original court. The )C has original -urisdiction on cases of certiorari, prohibition, anda us, etc. There are certain cases where one ay file directly to the )C. 2+ !s the CA an original or appellate court' A+ The sa e is true with the CA. !t is both original and appellate court. ")ection <, (P 5H<% When we study the -urisdiction of the CA, you will see that it is both an original and an appellate court. There are cases which are elevated to it fro the DTC, but there are also cases which are filed there for the first ti e. 2+ ,ow about the DTC' !s the DTC an original or appellate court' A+ The DTC is also both original and appellate court. ?ou can file certain cases there for the first ti e, and there are also decisions of the ETC which are appealable to the DTC. H Property of LAKAS ATENISTA

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2+ ,ow about the ETC' !s the ETC an original or appellate court' A+ The ETC however, is a 566N original court. !t is the lowest court in the hierarchy. There are no cases appealed to it. There is no such ani al as barangay court. The barangay captains do not decide cases, they only conciliate. CIVIL COURTS vs. CRIMINAL COURTS 2+ #istinguish civil courts fro cri inal courts. A+ C!;!L CCKDT) are those which take cogniLance of civil cases only, while CD!E!BAL CCKDT) are those which take cogniLance of cri inal cases only. "58 A . Gur. H8<0 (allentineMs Law #ict., Hnd Fd., p. 465% All the courts in the Philippines are both civil and cri inal courts. They can handle both types of cases. The )C decides civil and cri inal cases. The sa e thing with the CA, DTC and ETC. )o, in the Philippines, there is no such thing as a 566N cri inal court or civil court. Knlike before, during the >6Ms there are so e special courts which were e*isting but were abolished by (P 5H<. There was the old Circuit Cri inal Court. As the na e i plies, it is purely a cri inal court. (ut with the abolition of those special courts, all their powers were transferred to the present DTC. Dight now, there is no such thing as a 566N civil court or a 566N cri inal court. )o, all our courts are both civil and cri inal courts at the sa e ti e. COURTS OF LAW vs. COURTS OF EQUITY 2+ #istinguish Courts of Law fro Courts of F.uity. A+ CCKDT) CA LAW are tribunals only ad inistering the law of the land, whereas CCKDT) CA F2K!T? are tribunals which rule according to the precepts of e.uity or -ustice, and are so eti es called 9courts of conscience.: "(allentines Law #ict., Hnd Fd., p. 464% Courts Of Law dispose cases according to what the law says @ ! will decide your case by what the law says. ?an ang court of lawO When we say Courts Of Equity, it ad-udicates cases based on the principles of e.uity. Principle of e.uity eans principles of -ustice, fairness, fair play. 2+ Are the Philippines courts, courts of law' Cr courts of e.uity' #o they decide cases based on what the law says' or, do they decide cases based on the principle of -ustice and fairness' A+ !n the Philippines, our courts are both courts of law and of e.uity. !n the case of substantive law, there is a thin line which divides the principle of law fro the principle of e.uity because principles of e.uity are also found in the principles of law. F.uity is what is fair and what is -ust and e.uitable. 1enerally, what is legal is fair. As a atter of fact under the Civil Code, when the law is silent, you decide it based on what is -ust and fair. Paya nga ay kasabihan na EQUITY FOLLOWS THE LAW. !n the Philippines you cannot distinguish so eti es the principle of law and the principle of e.uity because principles of e.uity are also written in the law. E a!"le+ The principle of estoppel, laches or solutio indebiti. Cne cannot say that they are purely principles of e.uity since they are also found in our law. Knder the Civil Code, when there is no applicable law, courts still have to decide according to custo s and general principles. E a!"le+ F)TCPPFL. Fstoppel is an e.uitable doctrine @ that it is not fair that you disown your own representation after isleading so ebody. (ut if you look at the Civil Code, eron ang chapter diyan baO @ estoppelO )o if you apply estoppel, you cannot say that you are applying a principle not found under the law. E a!"le+ LAC,F) @ the half/brother of prescription @ if you delay a certain right then you right. That is ore of e.uity, rather than of law. ust have no

E a!"le+ )CLKT!C !B#F(!T!. Bo one should enrich hi self at the e*pense of another. That is a principle of e.uity. (ut if you look at the Civil Code, itMs thereO The )C, when deliberating, focuses ore on -ustice and e.uity @ where reason can always be found. The )C once said that e.uity follows the law. !n the case of+ ALONZO vs. INTERMEDIATE APPELLATE COURT May 28, 198 , #. CruL

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!ELD+ 9The .uestion is so eti es asked, in serious in.uiry or in curious con-ecture, whether we are a court of law or a court of -ustice. #o we apply the law even if it is un-ust or do we ad inister -ustice even against the law' Thus .ueried, we do not e.uivocate. The answer is that we do neither because we are a court both of law and of -ustice. We apply the law with -ustice for that is our ission and purpose in the sche e of our Depublic.: )o the )C described itself both as a court of law and court of e.uity. ! have already talked with so any -ustices of the )C before. And ! asked the on how do they deliberate on cases when so ebody files an appeal or petition. They told e, if you want to convince the )C to hear your caseJ because the tendency of so e lawyers is that they will file their petition and they will cite the law. Eeaning, backed/up by statutory provisions ba. A -ustice of the )C told e that that is a wrong approach. #o not tell us what is the law. We know ore law than you doO When you file a petition, fairness ust be on your sideO (ecause when we deliberate and we agree that your side see s to be the correct one, to decide on your favor is ore than -ust to decide on the other side. Then, we will even look for the law to support our decision. )o, you donMt have to tell us what is the law, we will look for it. And if there is no law, we will ake it for you, by interpretingJ because we are a court ore of e.uity than of law. (ut when we look on the e.uity, we will look for the law and chances are, there is the law to follow. CONSTITUTIONAL COURTS vs. STATUTORY COURTS 2+ #istinguish Constitutional Courts fro )tatutory Courts. A+ CCB)T!TKT!CBAL CCKDT) are created directly by the Constitution itself, while )TATKTCD? CCKDT) are created by law or by the legislature. !n our country, there is only one Constitutional court @ the )upre e Court. Fven the )andiganbayan is not considered a Constitutional court because it was not created by the Constitution directly. The 5<>4 Constitution ordered Congress to create )andiganbayan. !t was law that created )andiganbayan "P# 58=3%. There is a provision in the 5<>4 Constitution which says, $There shoul% &e 'reate% a Sa(%i)a(&aya(.* The CA, DTC, and the ETC are created by the Congress. Thus, Congress has the power to abolish the said courts but it can never abolish the )upre e Court. )o there is only one Constitutional court. All the rest, fro the CA down and all other special courts, are only creatures of Congress. !n political law, the power to create carries with it the power to abolish. That is why, (P 5H< abolished all e*isting courts at that ti e "CA!, CA, Guvenille, etc.% and DTC, !AC, ETC were created. That was the -udicial reorganiLation of 5<=6 under (P 5H<. (ut there is only court which the (atasan Pa bansa could not touch @ the )upre e Court. They have no power to abolish the )C because it is created by the Constitution. Pareho lang tayong tabla eh. Congress is also created by the Constitution. )o if you want to abolish the )C, you ust call for a constitutional convention to change the Constitution. IN!ERENT POWERS OF T!E COURT (efore we leave the concepts of courts, you ust know that the courts of -ustice have what we call inherent powers. Gust like the )tate have certain inherent powers, whether written or not, these things are understood to have the @ Police power, power of ta*ation, and power of ta*ation. Courts have also inherent powers. Their very e*istence auto atically necessitates the e*istence of these powers. Bow, that was already asked in the (ar before @ what are the inherent powers of the court' 2+ What are the inherent powers of the court' A+ )ection 7 Dule 547 of the Dules of Court of the provides+
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 !udicial investigation under its authority; (c) to compel obedience to its !udgments orders and processes and to the lawful orders of a !udge out of court in a case therein;

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(d) to control in furtherance of !ustice 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 e"istence of its powers; (g) to amend and control its process and orders so as to ma#e them conformable to law and !ustice; (h) to authori$e 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.

There are any powers enu erated. )o e of the are co on sense. Fvery court has the power to see to it that everything of his order is enforced0 to co pel obedience to his order. Co on sense yan. ?ou are inutile if you cannot even enforce your own -udg entO )o !Mve been telling so e -udges here, eh. )o eti es we talk about this+ they say, it see s that ! donMt have the power under the Dules of Court. !tMs beyond y power. ! ade a decision but ! cannot see how was it enforced. Parang pa palakas/loob ang Dule 547, )ection 7 because you can see there the powers that you do not know you have. These are inherent eh @ hindi puwedeng alisin sa iyo iyan. Ctherwise, aging inutil ka @ ! have the power to decide but ! do not know how to enforce y decision. That is a sign of i potence "Charles, pinaringgan ka ni #eanO%. As a atter of fact, the ne*t section ")ection 3, Dule 547% tells us how to carry out your -udg ent. !f you do not know how to carry out your -udg ent because the law is silent, )ection 3 says, look for a way. ,anapan o ng paraanO )!TKAT!CB+ )uppose ! have the power to decide and ! render a decision. ! want to enforce the decision, how do ! enforce' Well, usually the law provides for the procedure. 2+ (ut suppose the law does not provide for any anner to enforce' Aor e*a ple a -udge has rendered a decision, and the law is silent on how to enforce it, do you ean to say that the order is unenforceable because the law is silent' A+ BC. )ection 3 of Dule 547 answers the .uestion.
SE% &. Means to carry jurisdiction into effect ' (hen by law !urisdiction is conferred on a court or a !udicial officer all au"iliary 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 e"ercise of such !urisdiction 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.

What )ection 3 is trying to say is that when you have the power to decide, you have the power to enforce. And if the law is silent, you have to think how to do it. (e creative. Provided you confor with the spirit of the rule. )o you do not ake the order useless si ply because there is no rule. !n other words, try to look for a way on how to enforce your -udg ent. That is part of your power. ENFORCEA"ILITY OF COURT WRITS AND PROCESSES Another provision that ! want to e phasiLe before we leave this sub-ect of court is )ection 4 of the !nteri Dules. Questio(+ The court of #avao will issue a writ or a process. Can that writ or process be enforced in Cebu or Eanila' Cr only in #avao' Cr only in Degion !I' ,anggang saan ba ang enforceability ng aking writ or processes' ?ou have to distinguish what kind of writ or process you are talking about. Knder )ection 4, !nteri Dules+

Sec. ). Writs and Processes. * a) (rits of certiorari prohibition mandamus +uo warranto habeas corpus and in!unction issued by a regional trial court may be enforced in any part of the region. b) ,ll other processes whether issued by the -.% or /et.% /.% and /.% may be served anywhere in the 0hilippines and the last three cases without a certification by the !udge of the -.%.

2+ What is the area of enforceability of writs and processes of the courts' A+ Knder )ection 4 of the !nteri Dules, you have to distinguish what kind of writ or process you are talking about+

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a% !f it is a writ of certiorari, prohibition, anda us, .uo warranto, habeas corpus, in-unction, it can be enforced anywhere within the region. )o at least, DTC can enforce it within the region and it cannot enforce those writs outside the region. FIAEPLF+ !f you are illegally detained, you can ask the court to issue a writ of habeas corpus. Bow, a person is detained in (ansalan and the fa ily is here in #avao City. They filed a petition for habeas corpus in Eakilala, Borth Cotabato. Eakilala is in Degion 5H and the DTC of (ansalan is part of the 55th -udicial region. Thus, the -udge in Eakilala cannot issue the writ of habeas corpus due to the fact that (ansalan belongs to the 55th -udicial region while Eakilala is in the 5Hth -udicial region. The DTC of Tandag, )urigao is Degion 5H and therefore can issue a writ of habeas corpus to be enforced in Eakilala which is hundreds of iles away because they are of the sa e -udicial region. And yet the DTC of (ansalan cannot issue a writ to be enforced in Eakilala, Borth Cotabato, which is the ne*t town, because that is not part of their region. The law is very clear+ writs of certiorari, prohibition, anda us, .uo warranto, habeas corpus and in-unction issued by a trial court ay be enforced in any part of the region. b% )ection 4 further says, all other writs are enforceable anywhere in the Philippines. )uppose the ETC issues a warrant for the arrest of the accused in the cri inal case, and he fled to (aguio City, such warrant can be enforced there. This includes su ons, writs of e*ecution or search warrants. /oCo/

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