1997 Rules on Civil Procedure

2001 Edition
INTRODUCTION
INTRODUCTION
The frst thing that we will take up in Civil Procedure are basic concepts. e are going
to discuss the legal concept o! courts. "s #ou will know$ whenever we talk o! procedural
law$ we have no choice but to involve courts in our discussion.
%et&s tr# to have a 'ental picture o! courts. I! I (Dean I)igo* sa# +courts&$ please tell 'e
the scene that co'es into #our 'ind. hat do #ou see, There is a table$ a gavel$ there is
so'eone sitting there. Then below$ there are law#ers sitting down. That is how ever#bod#
pictures a court. -ut actuall#$ what was pictured out was a courtroo' and not a court.
.i'ilar e/a'ple0 1ow can #ou picture a corporation, " corporation$ as #ou know in
Persons$ is a 2uridical entit#. It is a creature o! the law. It is a person under the law but it
has no ph#sical e/istence. -ut what #ou see in a corporation is a building and people who
are running the o3ce business. ell$ that is the o3ce o! the corporation.
" corporation cannot run without people running it. -ut a corporation can own
properties$ ka#a #ou see the building$ the o3ce$ the e4uip'ents there. The president or
the vice5president are the o3cers o! the corporation. -ut the o3cers are not the
corporation6 the# run the a7airs o! the corporation. 8anoon din ang court. " court has no
ph#sical e/istence$ onl# a legal one.
90 hat is a court,
"0 " court is an entit# or bod# vested with a portion o! the 2udicial power. (%ontok vs.
-attung$ :; Phil. <=>?*
90 h# +portion& onl#,
"0 This is because the Constitution provides that @the 2udicial power shall be vested in
one .upre'e Court (.C* and in such other lower courts as 'a# be established b# law.A
("rt. BIII$ .ection <$ <CDE Constitution.
The reason that the law creates di7erent courts is to divide the cases or 2udicial power
a'ong the' so that one court 'a# not be burdened with so 'an# cases. .o$ 2udicial
power is not e/ercised onl# b# one court$ but b# several courts. It is like a cake. Fou slice
the cake into parts G this part is !or #ou$ this part is 'ine. .o$ kan#a5kan#a ta#o ng
trabaho. Fou cannot put the burden onl# in one court.
Hor e/a'ple$ #ou want to sue #our debtor !or not pa#ing a loan. Fou 'ean to tell 'e
that #ou will go to the .C, "ll cases in the Philippines will have to fled there, NO. Fou
cannot do it. Fou have to start !ro' certain courts in #ou cit# or 'unicipalit#.
Nga#on$ pag5sinabi 'o kung saan ako 'ag5fle$ sa Regional Trial Court (RTC* ba, O sa
Iunicipal Trial Court (ITC*, O! course$ depende #an on how 'uch #ou are clai'ing. I! #ou
are clai'ing so 'uch$ dito ka. I! #ou clai' is lower$ dito ka na'an. h# is that, -ecause
each has its own work. Jach one has its own portion G what is #ours is #ours$ what is 'ine
is 'ine.
Thus$ each court has its own 2urisdiction and 'a# onl# tr# cases within its 2urisdiction.
No court has all the power o! the 2udiciar# but onl# a portion o! it. .o there is a division o!
labor.
Kust as corporations cannot act without its o3cers$ a court cannot !unction without a
2udge. -ut do not sa# that the court and the 2udge 'ean the sa'e thing. The 2udge is the
person or o3cer who presides over a court.
90 Distinguish court !ro' 2udge.
"0 The !ollowing are the distinctions0
<.* Court is the entit#$ bod#$ or tribunal vested with a portion o! the 2udicial power$
while 2udge is the person or o3cer who presides over a court. Kudges are hu'an
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1997 Rules on Civil Procedure
2001 Edition
INTRODUCTION
beings G the# die$ the# resign$ the# retire$ the# 'a#be re'oved. The court
continues to e/ist even a!ter the 2udge presiding over it ceases to do so.
L.* The two concepts 'a# e/ist independentl# o! each other$ !or there 'a# be a
court without a 2udge or a 2udge without a court. (Pa'intuan vs. %lorente$ LC
Phil. ;?L*
JM"IP%J0 The present .upre'e Court (.C*$ the 2ustices presiding over it are
not the sa'e 2ustices who presided it in the earl# part o! this centur# #et the
Court in so'e decisions states that @as earl# <C=>$ +J& have alread# ruled such
as suchNA h# do the# use +J&, The# are talking about the court$ the# are not
talking about the'selves. The court is continuous. It does not die alongside with
the 2ustices who presided on it.
90 Classi!# courts in general.
"0 8enerall#$ courts 'a# be classifed as0
1.)Superior Courts and First-Level courts (inferior courts);
2.)Courts of Original jurisdiction and Courts of Appellate jurisdiction;
.)Civil Courts and Cri!inal Courts;
".)Courts of la# and Courts of e$uit%;
&.)Constitutional Courts and Statutor% Courts.
S'()*+O* CO'*,S vs. F+*S,-L)-)L CO'*,S
90 Distinguish superior courts !ro' in!erior courts.
"0 .UPJRIOR COURT.$ otherwise known as courts o! general 2urisdiction$ are those
which take cogniOance o! all kinds cases$ whether civil or cri'inal$ and possess
supervisor# authorit# over lower courts.
HIR.T5%JBJ% COURT. (in!erior courts*$ otherwise known as courts o! special or li'ited
2urisdiction$ are those which take cogniOance o! certain specifed cases onl#. (<? "'. Kur.
L?C*
90 hat courts are superior or in!erior,
"0 It DJPJND. on what viewpoint #ou are looking. I! #ou are looking !ro' the viewpoint
o! the Constitution$ there is onl# one superior court G the .upre'e Court.
Hro' the real viewpoint$ the Court o! "ppeals (C"* 'a#be in!erior to the .C but it is a
superior court !or it e/ercises supervision over RTC. In the sa'e 'anner that the RTC
'ight be in!erior to the .C and the C" but it has also power o! supervision over ITC. The
2urisdiction o! the RTC is varied. It is practicall# a 2ack o! all trade. The RTC has also the
power o! supervision over ITC.
" superior court 'a# there!ore handle civil$ cri'inal cases while an in!erior court 'a#
tr# specifed cases onl#. The .C$ C" including the RTC are considered as superior courts.
The ITC is a frst5level (in!erior* court so that its power is li'ited to specifed cases
despite o! the law which e/panded the 2urisdiction o! the ITC. It is alread# at the botto'.
ala ng under pa sa kan#a.
In <CC: -ar0 J/plain the hierarch# o! courts in the Philippines. Practicall#$ the 2udicial
level is being asked b# the e/a'iner.
O*+.+/AL CO'*, vs. A(()LLA,) CO'*,
90 Distinguish original court !ro' appellate court.
"0 O*+.+/AL CO'*,S are t0ose #0ere a case is co!!enced1 #0ile A(()LLA,)
CO'*,S are t0ose #0ere a case is revie#ed. (-allentinePs %aw Dict.$ Lnd Jd.$ p. C<*
.o$ i! #ou are fling a case !or the frst ti'e$ that case is fled in an original court. -ut
the case does not necessaril# end there. Fou 'a# bring the case to the appellate court
which has the power to change the decision o! the original court.
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2001 Edition
INTRODUCTION
90 Is the .C an original or appellate court,
"0 The SC is 2ot0 an original and an appellate court. .o'e people have the
i'pression that #ou cannot fle a case there !or the frst ti'e G that #ou have to fle it
so'ewhere else$ then doon (.C* 'o i5ak#at. -ut when we stud# the 2urisdiction o! the .C$
we will be able to know that it is not onl# an appellate court$ but also an original court. The
.C has original 2urisdiction on cases o! certiorari$ prohibition$ 'anda'us$ etc. There are
certain cases where one 'a# fle directl# to the .C.
90 Is the C" an original or appellate court,
"0 The sa'e is true with the C". It is both original and appellate court. (.ection C$ -P
<LC* hen we stud# the 2urisdiction o! the C"$ #ou will see that it is both an original and
an appellate court. There are cases which are elevated to it !ro' the RTC$ but there are
also cases which are fled there !or the frst ti'e.
90 1ow about the RTC, Is the RTC an original or appellate court,
"0 The RTC is also both original and appellate court. Fou can fle certain cases there !or
the frst ti'e$ and there are also decisions o! the ITC which are appealable to the RTC.
90 1ow about the ITC, Is the ITC an original or appellate court,
"0 The ITC however$ is a <==Q original court. It is the lowest court in the hierarch#.
There are no cases appealed to it. There is no such ani'al as baranga# court. The
baranga# captains do not decide cases$ the# onl# conciliate.
C+-+L CO'*,S vs. C*+3+/AL CO'*,S
90 Distinguish civil courts !ro' cri'inal courts.
"0 CIBI% COURT. are those which take cogniOance o! civil cases onl#$ while CRIIIN"%
COURT. are those which take cogniOance o! cri'inal cases onl#. (<? "'. Kur. L?C6
-allentinePs %aw Dict.$ Lnd Jd.$ p. ;=<*
"ll the courts in the Philippines are both civil and cri'inal courts. The# can handle both
t#pes o! cases. The .C decides civil and cri'inal cases. The sa'e thing with the C"$ RTC
and ITC.
.o$ in the Philippines$ there is no such thing as a <==Q cri'inal court or civil court.
Unlike be!ore$ during the E=Ps there are so'e special courts which were e/isting but were
abolished b# -P <LC. There was the old Circuit Cri'inal Court. "s the na'e i'plies$ it is
purel# a cri'inal court.
-ut with the abolition o! those special courts$ all their powers were trans!erred to the
present RTC. Right now$ there is no such thing as a <==Q civil court or a <==Q cri'inal
court. .o$ all our courts are both civil and cri'inal courts at the sa'e ti'e.
CO'*,S OF LA4 vs. CO'*,S OF )5'+,6
90 Distinguish Courts o! %aw !ro' Courts o! J4uit#.
"0 COURT. OH %" are tribunals onl# ad'inistering the law o! the land$ whereas
COURT. OH J9UITF are tribunals which rule according to the precepts o! e4uit# or 2ustice$
and are so'eti'es called @courts o! conscience.A (-allentine&s %aw Dict.$ Lnd Jd.$ p. ;=;*
Courts Of Law dispose cases according to what the law sa#s G I will decide #our case b#
what the law sa#s. Fan ang court o! lawR hen we sa# Courts Of Equity$ it ad2udicates
cases based on the principles o! e4uit#. Principle o! e4uit# 'eans principles o! 2ustice$
!airness$ !air pla#.
90 "re the Philippines courts$ courts o! law, Or courts o! e4uit#, Do the# decide cases
based on what the law sa#s, or$ do the# decide cases based on the principle o! 2ustice and
!airness,
"0 In the Philippines$ our courts are both courts o! law and o! e4uit#. In the case o!
substantive law$ there is a thin line which divides the principle o! law !ro' the principle o!
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2001 Edition
INTRODUCTION
e4uit# because principles o! e4uit# are also !ound in the principles o! law. J4uit# is what is
!air and what is 2ust and e4uitable. 8enerall#$ what is legal is !air.
"s a 'atter o! !act under the Civil Code$ when the law is silent$ #ou decide it based on
what is 2ust and !air. Sa#a nga 'a# kasabihan na EQUITY FOLLOWS THE LAW. In the
Philippines #ou cannot distinguish so'eti'es the principle o! law and the principle o!
e4uit# because principles o! e4uit# are also written in the law. Ea!"le0 The principle o!
estoppel$ laches or solutio indebiti. One cannot sa# that the# are purel# principles o!
e4uit# since the# are also !ound in our law. Under the Civil Code$ when there is no
applicable law$ courts still have to decide according to custo's and general principles.
Ea!"le0 J.TOPPJ%. Jstoppel is an e4uitable doctrine G that it is not !air that #ou
disown #our own representation a!ter 'isleading so'ebod#. -ut i! #ou look at the Civil
Code$ 'eron 'ang chapter di#an baR G estoppelR .o i! #ou appl# estoppel$ #ou cannot sa#
that #ou are appl#ing a principle not !ound under the law.
Ea!"le0 %"C1J. G the hal!5brother o! prescription G i! #ou dela# a certain right then
#ou 'ust have no right. That is 'ore o! e4uit#$ rather than o! law.
Ea!"le0 .O%UTIO INDJ-ITI. No one should enrich hi'sel! at the e/pense o! another.
That is a principle o! e4uit#. -ut i! #ou look at the Civil Code$ itPs thereR
The .C$ when deliberating$ !ocuses 'ore on 2ustice and e4uit# G where reason can
alwa#s be !ound. The .C once said that e4uit# !ollows the law. In the case o!0
ALO/7O vs. +/,)*3)8+A,) A(()LLA,) CO'*,
3a% 291 1:9;1 #. CruO
<)L80 @The 4uestion is so'eti'es asked$ in serious in4uir# or in curious
con2ecture$ whether we are a court o! law or a court o! 2ustice. Do we appl# the
law even i! it is un2ust or do we ad'inister 2ustice even against the law, Thus
4ueried$ we do not e4uivocate. The answer is that we do neither because we are
a court both o! law and o! 2ustice. e appl# the law with 2ustice !or that is our
'ission and purpose in the sche'e o! our Republic.A
.o the .C described itsel! both as a court o! law and court o! e4uit#. I have alread#
talked with so 'an# 2ustices o! the .C be!ore. "nd I asked the' on how do the# deliberate
on cases when so'ebod# fles an appeal or petition. The# told 'e$ i! #ou want to convince
the .C to hear #our caseN because the tendenc# o! so'e law#ers is that the# will fle their
petition and the# will cite the law. Ieaning$ backed5up b# statutor# provisions ba. " 2ustice
o! the .C told 'e that that is a wrong approach. Do not tell us what is the law. e know
'ore law than #ou doR hen #ou fle a petition$ !airness 'ust be on #our sideR -ecause
when we deliberate and we agree that #our side see's to be the correct one$ to decide on
#our !avor is 'ore than 2ust to decide on the other side. Then$ we will even look !or the law
to support our decision. .o$ #ou donPt have to tell us what is the law$ we will look !or it.
"nd i! there is no law$ we will 'ake it !or #ou$ b# interpretingN because we are a court
'ore o! e4uit# than o! law. -ut when we look on the e4uit#$ we will look !or the law and
chances are$ there is the law to !ollow.
CO/S,+,',+O/AL CO'*,S vs. S,A,',O*6 CO'*,S
90 Distinguish Constitutional Courts !ro' .tatutor# Courts.
"0 CO/S,.+,',+O/AL CO'*,S are created directl% 2% t0e Constitution itself1
#0ile S,A,',O*6 CO'*,S are created 2% la# or 2% t0e legislature.
In our countr#$ there is onl# one Constitutional court G the .upre'e Court. Jven the
.andiganba#an is not considered a Constitutional court because it was not created b# the
Constitution directl#. The <CE; Constitution ordered Congress to create .andiganba#an. It
was law that created .andiganba#an (PD <?D:*. There is a provision in the <CE;
Constitution which sa#s$ $There shoul% &e 'reate% a Sa(%i)a(&aya(.*
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The C"$ RTC$ and the ITC are created b# the Congress. Thus$ Congress has the power
to abolish the said courts but it can never abolish the .upre'e Court.
.o there is onl# one Constitutional court. "ll the rest$ !ro' the C" down and all other
special courts$ are onl# creatures o! Congress. In political law$ the power to create carries
with it the power to abolish. That is wh#$ -P <LC abolished all e/isting courts at that ti'e
(CHI$ C"$ Kuvenille$ etc.* and RTC$ I"C$ ITC were created. That was the 2udicial
reorganiOation o! <CD= under -P <LC. -ut there is onl# court which the -atasan Pa'bansa
could not touch G the .upre'e Court.
The# have no power to abolish the .C because it is created b# the Constitution. Pareho
lang ta#ong tabla eh. Congress is also created b# the Constitution. .o i! #ou want to
abolish the .C$ #ou 'ust call !or a constitutional convention to change the Constitution.
+/<)*)/, (O4)*S OF ,<) CO'*,
-e!ore we leave the concepts o! courts$ #ou 'ust know that the courts o! 2ustice have
what we call inherent powers. Kust like the .tate have certain inherent powers$ whether
written or not$ these things are understood to have the' G Police power$ power o!
ta/ation$ and power o! ta/ation.
Courts have also inherent powers. Their ver# e/istence auto'aticall# necessitates the
e/istence o! these powers. Now$ that was alread# asked in the -ar be!ore G what are the
inherent powers o! the court,
90 hat are the inherent powers o! the court,
"0 .ection > Rule <;> o! the Rules o! Court o! the provides0
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;
(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$e a copy of a lost or destroyed pleading or other paper to be filed and used instead of the
original and to restore and supply deficiencies in its records and proceedings.
There are 'an# powers enu'erated. .o'e o! the' are co''on sense. Jver# court
has the power to see to it that ever#thing o! his order is en!orced6 to co'pel obedience to
his order. Co''on sense #an. Fou are inutile i! #ou cannot even en!orce #our own
2udg'entR .o IPve been telling so'e 2udges here$ eh. .o'eti'es we talk about this0 the#
sa#$ it see's that I donPt have the power under the Rules o! Court. ItPs be#ond '# power. I
'ade a decision but I cannot see how was it en!orced.
Parang pa'palakas5loob ang Rule <;>$ .ection > because #ou can see there the
powers that #ou do not know #ou have. These are inherent eh G hindi puwedeng alisin sa
i#o i#an. Otherwise$ 'aging inutil ka G I have the power to decide but I do not know how to
en!orce '# decision. That is a sign o! i'potence (Charles$ pinaringgan ka ni DeanR*. "s a
'atter o! !act$ the ne/t section (.ection :$ Rule <;>* tells us how to carr# out #our
2udg'ent. I! #ou do not know how to carr# out #our 2udg'ent because the law is silent$
.ection : sa#s$ look !or a wa#. 1anapan 'o ng paraanR
.ITU"TION0 .uppose I have the power to decide and I render a decision. I want to
en!orce the decision$ how do I en!orce, ell$ usuall# the law provides !or the procedure.
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INTRODUCTION
90 -ut suppose the law does not provide !or an# 'anner to en!orce, Hor e/a'ple a
2udge has rendered a decision$ and the law is silent on how to en!orce it$ do #ou 'ean to
sa# that the order is unen!orceable because the law is silent,
"0 NO. .ection : o! Rule <;> answers the 4uestion.
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.
hat .ection : is tr#ing to sa# is that when #ou have the power to decide$ #ou have
the power to en!orce. "nd i! the law is silent$ #ou have to think how to do it. -e creative.
Provided #ou con!or' with the spirit o! the rule. .o #ou do not 'ake the order useless
si'pl# because there is no rule. In other words$ tr# to look !or a wa# on how to en!orce
#our 2udg'ent. That is part o! #our power.
)/FO*C)A=+L+,6 OF CO'*, 4*+,S A/8 (*OC)SS)S
"nother provision that I want to e'phasiOe be!ore we leave this sub2ect o! court is
.ection ; o! the Interi' Rules.
Questio(0 The court o! Davao will issue a writ or a process. Can that writ or process be
en!orced in Cebu or Ianila, Or onl# in Davao, Or onl# in Region IM, 1anggang saan ba
ang en!orceabilit# ng aking writ or processes, Fou have to distinguish what kind o! writ or
process #ou are talking about.
Under .ection ;$ Interi' Rules0
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 -.%.
90 hat is the area o! en!orceabilit# o! writs and processes o! the courts,
"0 Under .ection ; o! the Interi' Rules$ #ou have to distinguish what kind o! writ or
process #ou are talking about0
a* I! it is a writ o! certiorari$ prohibition$ 'anda'us$ 4uo warranto$ habeas corpus$
in2unction$ it can be en!orced an#where within the region. .o at least$ RTC can
en!orce it within the region and it cannot en!orce those writs outside the region.
JM"IP%J0 I! #ou are illegall# detained$ #ou can ask the court to issue a writ o!
habeas corpus. Now$ a person is detained in -ansalan and the !a'il# is here in
Davao Cit#. The# fled a petition !or habeas corpus in Iakilala$ North Cotabato.
Iakilala is in Region <L and the RTC o! -ansalan is part o! the <<th 2udicial region.
Thus$ the 2udge in Iakilala cannot issue the writ o! habeas corpus due to the !act
that -ansalan belongs to the <<th 2udicial region while Iakilala is in the <Lth
2udicial region. The RTC o! Tandag$ .urigao is Region <L and there!ore can issue a
writ o! habeas corpus to be en!orced in Iakilala which is hundreds o! 'iles awa#
because the# are o! the sa'e 2udicial region. "nd #et the RTC o! -ansalan cannot
issue a writ to be en!orced in Iakilala$ North Cotabato$ which is the ne/t town$
because that is not part o! their region. The law is ver# clear0 writs o! certiorari$
prohibition$ 'anda'us$ 4uo warranto$ habeas corpus and in2unction issued b# a
trial court 'a# be en!orced in an# part o! the region.
b* .ection ; !urther sa#s$ all other writs are en!orceable an#where in the Philippines.
.uppose the ITC issues a warrant !or the arrest o! the accused in the cri'inal case$
and he Ted to -aguio Cit#$ such warrant can be en!orced there. This includes
su''ons$ writs o! e/ecution or search warrants.
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