12th WEEK – REMEDIAL LAW

1LM3, EMAPP

A. WHAT IS REMEDIAL LAW

Provides for the manner in the protection and enforcement of a person’s rights.

B. P ARTS OF THE RULES OF COURT

The Rules of Court of the Philippines, as amended and the rules and regulations issued by the Supreme
Court, define the rules and procedures of the judiciary.
Part I – The 1997 Rules of Court
Part II – Special Proceedings
Part III – Revised Rules of Criminal Procedure
Part IV – Revised Rules on Evidence
Part V – Legal Ethics

C. JURISDICTION
Power and authority of a court to resolve a controversy brought before it.

D. EXCLUSIVE JURISDICTION
Only a particular courts has the authority and power to decide or resolve a case belonging to a particular
subject or category to the exclusion of other courts

E. CONCURRENT JURISDICTION
Two or more courts of a different nature or category have the power to decide a case belonging to a particular
subject or category

F. ORIGINAL JURISDICTION
A case belonging to a particular subject or category should be filed first with a particular court

G. APPELETTE JURISDICTION
Superior courts has the power and authrority to review, revise, amend or reverse decision given by inferior
courts regarding a controversy brought before it.

H. CIVIL PROCEDURE
Governs in the procedure in courts over controversies that are civil of private in nature

I. DISCUSS: STAGES OF CIVIL ACTION

1. PRE-FILLING - Dispute arises + parties gather information to prepare for the possibility of a court
case

2. PLEADING - Formal settlement of cause of action + Defendant files a response

3. DISCOVERY - Exchange of information between both parties + learn about the other party’s side of
the case

4. PRE-TRIAL - Preparation for the trial + gathering of evidences & witnesses in order + may engage in
settlement
 5. TRIAL - Case if heard before a judge + examination of witnesses + presentation of evidence +
judgement is rendered

6. POST TRIAL - One or both parties may appeal + winning party might try to collect the judgement
rendered

J. CRIMINAL PROCEDURE
One by which the State prosecutes a person for an act or omission punishable by law

K. DISCUSS: STAGES OF CRIMINAL ACTION

1. Arrest - the taking of a person into custody in order that he may be bound to answer for the
commission of an offense

2. Bail - the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions
hereinafter specified.

3. Arraignment - made in open court by the judge or clerk by furnishing the accused with a copy of
the complaint or information, reading the same in the language or dialect known to him, and asking
him whether he pleads guilty or not guilty.

4. Preliminary Investigation – procedure to determine sufficient grounds and probable cause for a
trial to be held

5. Pre-trial motions – both parties resolve final issues to be held + establish what evidence and
testimonies will be admissible at trial

6. Trial – presentation of evidence + examination of witnesses + judge renders a decision: finding

the defendant guilty or not

7. Sentencing – court determines the appropriate punishment for the convicted defendant

8. Appeal – person convicted of a crime may ask for a review + if the court finds error in the sentence
imposed, the court may reverse and revise judgemen

L. EVIDENCE
Is the means of ascertaining in a judicial proceeding the truth respecting a matter of fact. It should be
relevant, material and competence

M. PURPOSE OF EVIDENCE
Presuming that the court is unaware of the truthfulness of the facts propounded in a case, the evidence
regulates the process of proof and the presentation of evidence provides the court the information
needed to render judgement.
LAST WEEK – CRIMINAL PROCEDURE

1. PRELIMINARY INVESTIG ATION

a) Definition
Section 1. Preliminary investigation defined; when required. — Preliminary investigation is an
inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded
belief that a crime has been committed and the respondent is probably guilty thereof, and should
be held for trial.

b) Who conducts preliminary investigation

Section 2. Officers authorized to conduct preliminary investigations. — The following may conduct
preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law. Their authority to conduct preliminary
investigations shall include all crimes cognizable by the proper court in their respective territorial
jurisdictions. (2a)

c) When is it necessary
Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted
before the filing of a complaint or information for an offense where the penalty prescribed by law
is at least four (4) years, two (2) months and one (1) day without regard to the fine. (1a)

d) How is it instituted
A preliminary investigation is instituted once a crime has come to the attention of the police;
The object is to find out possible suspects and determine whether or not there is sufficient
evidence to initiate an action

e) What is the effect of failure to complete or terminate preliminar y

investigation w ith a reasonable time
Violates the constitutional rights of the accused to due process as well as

e.1. Discuss Tatad v. Sandiganbayan

f) Discuss probable cause for the purpose of filing an information

Defined as such facts as are sufficient to engender a well-founded belief that a crime has been
committed and that the respondent is probably guilty thereof

The determination of probable cause to file a criminal complaint or information in court is

exclusively within the competence of the Executive Department, through the Secretary of
Justice. The courts cannot interfere in such determination, except upon a clear showing
that the Secretary of Justice committed grave abuse of discretion amounting to lack or
excess of jurisdiction.
 g) What is an information
Section 4. Information defined. — An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with the court. (4a)

h) When is an information sufficient

Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it
states the name of the accused; the designation of the offense given by the statute; the acts or
omissions complained of as constituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where the offense was
committed.

2. ARREST
3. BAIL
4. ARRAIGNMENT AND PLEA
5. QUASHAL OF INFORMATION
6. PRE-TRIAL
7. TRIAL
8. JUDGEMENT
9. NEW TRIAL, RECONSIDARTION, AND APPEAL