REMEDIAL LAW/LEGAL PROCEDURE

- Branch of law which prescribes/gives the method of enforcing rights.

- branch of law that gives the methods of redress when these rights are violated.
- emanates from the the Supreme Court (SC) in the exercise of their rule making power allowed by them
through the constitution giving the SC the power to make their own rules. (Section 5, Article 8).

- opposite of substantive law.

- does not tell you the rights you have but rather the way to enforce these rights or the methods of redress if
your rights are violated.

#Note: This power is vested in one supreme court only. Meaning that the lower courts follow whatever rule or decision the SC
makes.

LIMITATIONS ON RULE MAKING POWER OF THE SUPREME COURT

1. SIMPLIFIED &INEXPENSIVE

-simplified that it is easy to understand not necessarily by a layman but by those who study law.

-aordable and inexpensive that even people under the poverty line can aord it.

-Purpose: for speedy disposition of cases.

2. UNIFORM IN ALL COURTS

-applicable to all courts.

- except to rules applicable only to MTC

3. SHALL NOT DIMINISH, MODIFY, or INCREASE SUBSTANTIVE RIGHTS.

- article of civil law; precedence.

4. ADMISSION OF THE MEMBERS OF THE BAR SHOULD NOT BE ARBITRARY.

- for it would make the SC a dictator.

POWER TO SUSPEND OR AMEND THEIR RULES

- SC rules may amend or suspend their rules when warranted by compelling reasons which will be determined
based on the SCs discretion.

- these rules can either be suspended or amended by the SC expressly or implied.

COMPELLING REASONS TO SUSPEND OR AMEND:

1. special circumstances

2. merits of the case

3. when the cause is not of the doing of or entirely the fault of or negligence of the party favoured by the
suspension. (one or both parties)

4. when there is no showing that the party is merely delaying justice. (the party asking for suspension has a valid
reason)#note: even if there is final and executory decision.

5. if the party will not be unjustly prejudiced (it will not be unfair/unjust to the other party)
 NON-COMPLIANCE TO A CERTAIN RULE TRANSCENDENTAL MATTERS OF LIFE,
LIBERTY

condition: condition:
-that this non-compliance is not due to the stated -important matters that will change how your citizens
compelling reasons that the SC would warrant. will live their lives.

-would not warrant a suspension or amendment of the rules. -would warrant the suspension/amendment of the rules

NATURE OF COURTS IN THE PHILIPPINES:

- both a court of law and equity.

- dierent from that of the courts of in US, they have a separate courts of law and court of equity. Criminal Cases
goes to the courts of law. while Civil cases and the like go to the courts of equity.

1. LAW- courts that strictly follow the laws (black and white no gray area) ; following the law is necessary even if
it will cause injustice.

2. EQUITY- courts that have the power to disregard certain legal requirements to avoid injustice and reach
fairness and equality. BUT the parties themselves shall come before the court if the party does not have a clear
conscience (hands).

#TORTS- acts of negligence (quasi-delics)

#DELICS- crimes punishable as stated by law.

COURTS

- A body functioning for the settlement of controversies brought before it.

- the circumstance of the court is not aected by the circumstances of the judge.
- a court is tribunal vested with the authority of law to adjudicate cases while a judge is simply an ocer of the
court.

PRINCIPLE OF HIERARCHY OF COURTS

- referring to certain levels that there are dierent kinds of levels.

- before parties may bring a case before the court they must follow an ordained sequence of recourse
inconsideration of jurisdiction.

- determines the jurisdiction of appeal.

DOCTRINE OF JUDICIAL STABILITY

- courts of equal jurisdiction cannot interfere with the each others aairs.
- this doctrine does not apply to dierent level courts.
- administrative bodies performing quasi-judicial functions cannot interfere with other administrative courts. as
well as they have no judicial equivalent.
E.G.

MTC branch 1 convicted a man for acts of lasciviousness and these suddenly MTC branch 2 decided to hold
another hearing.

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

-states that before an administrative case goes to a judicial court all administrative remedies shall be exhausted.

LEVEL OF COURTS

I. FIRST LEVEL COURTS

- Municipal Trial Courts (MTC)

- Metropolitan Trial Courts (MeTC, Mnl area and metro-cebu)

-Municipal Circuit Trial Court (MCTC, handles two or more venues.

#CASES handled by FIRST LEVEL COURTS:

a.) decide criminal actions involving violations of city or municipal ordinances but before they can decide these
cases it must have been committed inside their jurisdiction.

b.) oences punishable with imprisonment not exceeding 6 years regardless of the fine.

c.) civil cases including EJECTMENT

d.) RECOVERY OF PERSONAL PROPERTY with a value not more than 300,000 (outside of manila) and not
more than 400,000 (within manila)

II. SECOND LEVEL COURTS

- a.k.a courts of general jurisdiction

#Note: ALL FAMILY COURTS are RTCs and they handle all family cases and all cases involving minors in actual age
and/or mental age.

#CASES handled by the SLC

a.) civil actions which the subject of litigation is incapable of pecuniary estimation.
#note: INCAPABLE OF PECUNIARY ESTIMATION means that the subject of litigation has no monetary equivalent.
(e.g. land cases)

b.) civil actions involving title to or possession of where the value of the property EXCEEDS:

-20,000 pesos outside of manila

-50,000 pesos inside metro manila

c.) actions where the demand exceeds :

-300k (outside manila)

-400k (inside manila)

#note: depends on the value being asked for (EXCLUDING DAMAGES and ATTYs FEES and the like)

d.) cases appealed from the first level courts. (due to the exercise of appellate jurisdiction)

#Note: the doctrine or judicial stability will not apply.

III. THIRD LEVEL COURTS

-mostly appellate courts (CA, Sandiaganbayan, courts of tax appeals)

a.) cases appealed from the RTC but is limited to reviewing questions of fact. (facts of the case & how it was
appreciated by the RTC.)

b.) Jurisdiction of appeals from the RTC in the exercise of the RTCs original jurisdiction.

c.) annulment of final and executory judgement of the RTC on cases over which they have original jurisdiction.
#Note: that a judgement becomes final and executory after 15 days from the receipt of the parties of the decision.

-the CA will now declare that the decision is null and void but only due to the following grounds.

1. extrinsic fraud - fraud coming from another party and exposition of this fraud happened after the
judgement became final and executory and that the party presenting this evidence exhausted every remedy
available to find this evidence or for the case to not be final and executory.

2. subsequently discovered evidence - discovered after the case has been decided.

IV. FOURTH LEVEL COURTS

- all other cases you want to appeal except if barred by PRESCRIPTION or by Estoppel.
- Supreme Court (SC)

ORIGINAL JURISDICTION VS. APPELLATE JURISDICTION

ORIGINAL APPELATE

-one who hears an action or proceeding filed w/n for -one that has the power to review decisions or orders
the first time or filed within originally of a lower court.

RULE 1 of the Rules of Court

-where ROC is applicable; ROC is only applicable to all courts except the provisions amended, suspended by the
SC. (e.g.) ombudsman has their own rules allowed by the SC.

- Applicable to all cases or actions.

ACTIONS VS. CLAIMS

ACTIONS CLAIMS

Ordinary suit where one party prosecutes another for a right possessed by one person against another.
the enforcement of a right or a redress of a wrong.

the moment when the claim is PROSECUTED then it

becomes an action. (Prosecuted in a court of law)
ACTIONS

-can be subdivided into 3:

A. CIVIL ACTIONS - formal demand of someones rights.

1. ACTION IN REM

(a) civil actions directed to the object under litigation itself or the thing itself.

(b) may also be the probate of a will; probate proceeding (validity of a will)

(c) binding against the whole world.

e.g. land cases such as quieting of a title.

2. ACTION IN PERSONAM

(a) directed against a particular person/entity.

e.g. breach of contract; recovery of damages.

(b) binding against the parties only but if one of the parties is incapable of representing
himself then the action shall also be binding to the successor un interest.

SUCCESSORS IN INTEREST
are persons who gains the rights through the rights of the person initially involved.

3. ACTION IN QUASI-IN REM

(a) action against a particular person but the real motive behind is to deal with real property.

e.g. Ejectment cases.

- other subdivisions
1. Real Action - where real property is sought

2. Personal Action- recovery of the personal property and imposition of damages.

3. Mixed Action

The kind of action shall be determined for you to know which court has the jurisdiction over the
case.

B. CRIMINAL ACTIONS

a) one by which the state prosecutes a person for an act or omission committed by that person to
another. (act of felony)

C. SPECIAL PROCEEDINGS

a) remedies for an establishment of a right, status, or a particular fact. e.g. naturalization, change of name,
adoption proceedings etc.
COMMENCEMENT OF CIVIL ACTIONS:

-requisites for a case to commence:

1. filing of ORIGINAL COMPLAINT in court.

2. Payment of requisite DOCKET FEES.

- non-payment of docket fees will result to failure of action to commence and failure to acquire
jurisdiction.

PAUPER LITIGANT
means that you do not have the resources to pay the docket fees if you do not have real
property whose value exceeds 20,000

JURISDICTION
- is the power and authority of court to try and decide a case.

REQUISITES TO ACQUIRE JURISDICTION OVER A CASE:

1. The court must acquire jurisdiction over the PERSONS/PARTIES.

2. The court must acquire jurisdiction over the SUBJECT MATTER.

3. the court must acquire jurisdiction over the ISSUES.

4. the court must acquire jurisdiction over the RES.

JURISDICTION OVER THE PARTIES/ PERSONS

-is applicable only to cases classified under action in personam.

1. OVER THE PLAINTIFF

- the plainti is the person filing the case, the person placing the complaint.

- jurisdiction over the plainti is acquired the moment the person commences an action in court.

2. OVER THE DEFENDANT

- the defendant is the person being complained of.

- there are two (2) ways the court can acquire jurisdiction over the defendant:

a) Voluntary appearance

- no service of summons involved or no valid service of summons but the person chose
to appear in court (through his answer or cross-claim etc.); without the defendant
waiting for a summons from the court.

b) Summons / Service of Summons

- the service of a valid summons has no prescription period.

- a summons is an order from the court to the defendant to answer the complaint within
15 days
 -must be valid..

VALID SERVICE of SUMMONS