I.

Notable Changes:
1. As to documents
- We can present a photocopy of the pleadings, documents may be admitted in the non-presentation of the
original copies.
- If the photocopy has alterations/erasures – may be a redflag and may not be admissible. Thus only if the original
copy is in the possession of the opposing party may it be accepted.
2. Upon the filing of the complaint, the plaintiff should be ready to submit his evidence (object, testimonial,
documentary, etc.). Thus he must attach the required documentary evidence. The plaintiff should also present,
include who his/her witnesses will be. What the summary of their testimonies are. (There is no such thing as
surprise/secret witnesses anymore). Now the names of the witnesses should be divulged beforehand. Judicial
affidavits of such witnesses should also be attached to the complaint.
3. Expanded duty of the assisting counsel for the parties – before, there was no administrative liability when the
counsel’s signature was attached. Now the counsel for the parties, may be held liable for court sanctions.
- If the lawyer was in the position to know the authenticity of the documents, or at the instance of his assistance,
but said documents were established to be counterfeit, the lawyer can be held administratively liable e.g.
suspension, penalties, etc.
4. Now summons (unlike before where it can only be served by the sheriff), may now be served by the plaintiff,
when authorized by the court. This is to expedite the proceedings, specially if the defendant is in another region.
- It can also be served thru email, upon an undertaking by the plaintiff.
5. Now there is no more motion to dismiss – grounds. The grounds are now limited. (Before you file your
responsive pleading, you pray for the dismissal of the case, after the latter is denied will you file your answer)
Now, you can only avail of a motion to dismiss if the grounds are under the following:
a) No jurisdiction
b) A pending case between the same parties in another court.
c) Res judicata – there is already a decision by a competent authority, in the past.
d) Prescription.
Other grounds are not allowed in a separate pleading for motion to dismiss, instead you can include it as one of
your affirmative defenses. Then the court is given 30 days to resolve that.
6. If there are delays, reasons which require postponement – now as a general rule, it is not allowed but only
allowed by the court subject to certain exceptions. Now the court, even without hearing the parties, it may
resolve non-litigous motions/matters. The court now may resolve non-litigious motions without hearing, without
prejudice to the right of the adverse parties.
7. Electronic filing of service, transmittal of documents is now allowed subject to the proper procedure
8. Longer period on the part of the defendant to file a responsive pleading, which is 30 days. This is also
understandable because judicial affidavits are now required, as well as, compiling the necessary documents
required.
9. Before there used to be a separate hearing for preliminary conference. This has been disposed of. Instead, this
has been incorporated during the pre-trial conference, with the judge, who also schedules a mediation.
- The court also now has a discretion, after pre-trial, to instead do away with trial and decide the case on the
pleadings. E.g. there is no oral testimony required but only documentary evidence. So the court may submit the
case for decision.
10. …

II. Stages of a life of a case

1. Complaint and determining existence of cause and right of action.
- It is said that the Rules of Court are lifeless, but are triggered by the filing of a complaint. Litigation is good in the
sense that conflict may be resolved peacefully with the participation of people whose authority is acknowledged
by both parties.
- That’s why filing of a case is tantamount to submission of the person to the authority and jurisdiction of the
court.
- The lawyer then assesses if the complaint has a cause of action. He does it by asking the plaintiff to narrate his
complaint – by assessing if he has both cause and right of action.
- The cause of action presupposes a right and a violation of such right by the defendant. Because there is right
which is recognized by law. What are the sources of rights/obligations—by law, contracts, quasi-delicts, etc.? If
civil case, then it falls under the various sources of rights mentioned. There are instances when even the plaintiff
does not possess a cause of action because he/she is in fact the violator of the right. Hence, it is crucial that
such cause and right of action is possessed by the plaintiff. That’s why lawyers need to do their own
investigation by checking authenticity of certain documents, or by checking in the proper govt instrumentalities
etc. It is not enough to take the client’s allegations on their face value. As a lawyer, the last thing which should
happen is to realize mid-way during trial, that the documents submitted by the client were fabricated. Thus
whatever the client narrates – the lawyer should take it with a grain of salt. Ex: the real age of the client etc.
- It is also important to determine the indispensable parties to be included.
- What documents needed?
 - What kind of cases to be filed – and how many cases to be filed? This is crucial due to the one-suit-rule for a
single cause of action. Example: collection sum of money case, here all the related claims should be included
such as collection of interests, payment of damages. All should be filed under one case.
- Where to file the case – which court has jurisdiction? There are cases wherein the CA has original jurisdiction.
Now small claims has been increased to P1M. Jurisdiction of MTC and RTC has also been expanded. Real actions
under Rule 4, should be filed where the location of the property is situated. This is important to determine
proper venue/jurisdiction, as it might cause dismissal of the action. This is because filing fees are high and
subject to the value of the real property involved.
- MTC’s jurisdictional value of property involved is now at P2M.
- The basis of jurisdiction is assessed value.
- Determining also if the case is meritorious by checking the applicable laws.
- Considering also if the action has already prescribed.
- Considering conditions precedent e.g. determining if there was demand by the plaintiff before filing a collection
of sum of money case. Or if barangay conciliation was already done, because there are instances wherein the
parties reside in the same locality, then lack of brgy conciliation will be a ground of dismissal of the case. Or
there should have been attempts to settle a case amicably between family members.
2. After the filing, possible scenarios which may happen are:
- Summary Dismissal due to fatal mistakes, wrong venue, etc.
- Dismissal upon the instance of the plaintiff e.g. reconciliation between the parties hence, the plaintiff withdraws
the complaint hence he files a notice of dismissal
- There are also instances that the complaint needs to be amended, for example, by including another
indispensable party.
3. If no other grounds for summary dismissal, the court then sends the necessary summons. If the defendant fails
to file an answer within 30 days upon receipt of the summons, then he will be declared in default. Meaning that
he will be disqualified to file his responsive pleading, it will only be the plaintiff who will be required to present
his/her evidence.
- If defendant thinks that he cannot comply within the deadline, he can file a motion for extension by citing a valid
reason. He may also file a motion for bill of particulars because of unclear allegations. He may also file a motion
to dismiss based on the 4 grounds mentioned.
4. If no grounds for motion to dismiss, the defendant then files an answer.
- The defendant will also consider if he/she has a counter-claim or cross claim, third party complaint, etc.
- Counterclaim is the claim of the defendant against the plaintiff – it may compulsory or permissive. Or implead
other parties thru a cross claim.
- If there’s intervention required. Ex. Juan and Pedro are original parties. Samuel who is not a party, may
intervene and claim that the subject of the litigation is his property, hence he is affected. He may file a
complaint-in-intervention or answer-in-intervention if he joins the defendant.
5. Pre-trial
6. Trial
7. Render judgement
- The parties may file appeal, etc.
- It depends if the losing parties avail of remedies before judgement becomes executory. E.g. motion for
reconsideration, motion for new trial, petition for annulment of judgement (if attained finality)
- If all remedies have been exhausted, next will be execution of decision.
8. Judgement will be executed.
NOTE:
The rules are all lifeless unless there is a suit or action filed in court.

III. Concept and Sources of Remedial Law

Remedial law provides for the protection of rights, procedure, etc.
There is always a violation of rights, as well as a prayer of damages. Because when you file a case, it entails expenses,
because of the docket fees, attorney’s fees, etc. And to discourage the public to imitate the unjust action or omission,
the court imposes damages.
- The purpose of procedural law is to enforce due process rights, which is the essence of democracy.
- The burden to prove the accusation is the accuser.

Difference between substantive vs. remedial law:

- They are different from the other, but both come together hand in hand.
- While substantive law defines the rights, remedial law lays down the procedure or methods to enforce the
obligations and rights. Though in essence, remedial law in procedure, its compliance will determine whether or
not a plaintiff gets the remedies he gets for based on substantive law.

The Rules of Court are prospective.

- It is prospective (future) in the sense, but may apply in certain cases using the provision of old rules.
 - They are not a product of legislative enactment, but exercised thru the constitutional power given to the SC. It is
the SC which then enacts such Rules.
- The RoC are based on substantive law, hence they cannot override the provisions of substantive law.
- Difference between CA and SC. CA is a collegiate court. Under the CA, you will be facing the division (3 justices)

Q: What actions are not governed by the Rules of Court?

A: These Rules shall not apply to: (Sec. 4, Rule 1, Rules of Court)
1) election cases,
2) land registration,
3) cadastral,
4) naturalization (Ong Chia vs. Republic, 328 SCRA 749, 756)
5) insolvency proceedings
and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and
convenient. E.g. labor cases

Quasi-judicial and administrative bodies are not bound by the technical rules of procedure
- The SC emphasized that the principles of procedure should still be observed, hence it cannot be taken to
disregard fundamental evidentiary rules.

Constitutional Authority of the SC to Promulgate Rules

- Also includes the conduct/administration of Bar Exam

Limitations on the rule making power of the SC

1. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. The rules must be uniform for all the courts of the same grade; and
3. The rules must not diminish, increase or modify a substantive right (Riano, 2019).
- this is because remedial law go hand in hand with substantive law.

Power of the SC to amend the Rules of Court

- Court has discretion to disregard or relax the application of the rules, specially if the case is meritorious.
- The lower courts cannot relax the Rules of Court, otherwise they will be liable administratively.
- Atty. Cited the case of People vs. Estoconning – which allowed cooperatives not to give senior citizen discount.
- The SC is the supreme interpreter of statutory laws.

We are a court of law as well as a court of equity.

- Because a court (not SC) can still decide based on equity, provided that there is no applicable law on a case.
- It is only the SC which can decide based on equity even in the absence of an applicable law.

Doctrine of Hierarchy of Courts

- The appellate court can always reverse/overturn decisions of a lower court. The highest court is the SC.
- Even if jurisdiction is concurrent among the courts, but this doctrine states that parties should follow the proper
hierarchy, by filing it in the lowest court first.
- Why is this hierarchy important? To ease the dockets, since the SC has so many cases, and because the SC is not
a trier of facts, but only of law.

When the Doctrine of Hierarchy of courts may be disregarded

- But you must be able to prove and establish a special and compelling reason justified for handling by the SC.

Doctrine of Non-Interference or Doctrine of Judicial Stability

- Examples RTC branches cannot interfere with the order of another RTC.
- Applies also with administrative bodies.