CHAPTER I GENERAL PRINCIPLES

Remedial Law
- Refers to the rules which provide the system for the protection of rights, the prevention of the violation of
such rights, and the means of redress for such violations.
- Provide the methods for the enforcement of obligations recognized by law and lay out the procedure by
which suits are filed, tried, and decided upon by the courts of justice
- Provides the means and methods whereby causes of action may be effectuated, wrongs redressed, and
reliefs obtained

Sources of Remedial Law

- Rules of Court as amended by AM No 19-10-20-SC
- Circulars and administrative issuances of the Supreme Court
- Philippine Constitution
- Statutes passed by Congress

Substantive Law
- Creates, defines, and regulates rights and duties concerning life, liberty, or property

Remedial Law vs Substantive Law

- Remedial law prescribes the practice, method, and procedure by which substantive law is enforced and
made effective

Revised Penal Code and Civil Code are substantive laws. Civil Procedure is remedial law.

Prospective Effect of Rules of Court

- Not penal laws, and not given retroactive effect
- Govern cases brought after they take effect and also to pending cases
- Applicable to actions pending at the time of their passage and deemed retroactive in that sense and to that
extent.

When procedural rules do not apply to pending actions

1. Where statute itself or by necessary implication provides that pending actions are excepted
2. If vested rights would be impaired
3. When to do so would not be feasible or would work injustice
4. If it would involve intricate problems of due process or impair the independence of the courts

Actions or Proceedings governed by Rules of Court

1. Civil actions
2. Criminal Actions
3. Special Proceedings

Actions or Proceedings not governed by Rules of Court

1. Election cases
2. Land registration cases
3. Cadastral cases
4. Insolvency proceedings
5. Naturalization cases
6. Cases before administrative bodies
Rule-making power of the Supreme Court
- Section 5(5) Article VIII of the Constitution expressly confers upon the Supreme Court the power to
promulgate rules concerning pleading, practice, and procedure.
- No longer shared by Supreme Court with Congress, more so with the Executive.
- Supreme Court has the sole prerogative to amend, repeal, or even establish new rules for a more simplified
and inexpensive process, and the speedy disposition of cases
- If other branches of government enact laws or issue orders that repeal, alter, or modify any of the
procedural law, they are said to trespass upon the rule making power of Supreme Court

Limitations on Rule Making Power of Supreme Court

1. Simplied and inexpensive procedure for the speedy disposition of cases
2. Uniform for courts of the same grade
3. Not diminish, increase, or modify substantive rights

Power to amend and suspend the rules

- Courts have the power when the purpose of justice requires it
- What constitutes good and sufficient cause that would merit suspension of the rules is discretionary upon
the courts

Nature of Philippine courts

- Courts of both law and equity
- Equity is justice outside legality; denotes concept of fairness, justness and right dealing among men
- Equity jurisdiction
o is the power of the court to resolve issues presented in a case, in accordance with the natural rules
of fairness and justice, and in the absence of a clear, positive law governing such issues
- Equity does not apply when there is a law applicable to a given case
o Equity is available only in the absence of law and not as its replacement

Judicial Power
- Vested in one Supreme Court and in such lower courts as may be established by law
- Includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government

Doctrine of Hierarchy of Courts or Judicial Hierarchy

- Where courts have concurrent jurisdiction over a subject matter, such concurrence of jurisdiction does not
grant the party seeking relief absolute freedom to file a petition in any court of his choice. A case must be
filed first before the lowest court possible having the appropriate jurisdiction, except if one can advance a
special reason which would allow a party a direct resort to a higher court.
- Was created to ensure that every level of the judiciary performs its designated roles in an effective and
efficient manner
- Disregard of doctrine may result in denial of a petition

Exception
1. There are special and important reasons clearly stated in the petition;
2. Dictated by public welfare and the advancement of public policy
3. Demanded by the broader interest of justice
4. Challenged orders were patent nullities
5. Analogous exceptional and compelling circumstances called for and justified the immediate and direct
handling by the Court
6. There are genuine issues of constitutionality that must be addressed at the most immediate time
 7. Issues raised are of transcendental importance

Doctrine of Non-Interference (Judicial Stability)

- Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders.
- It bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no
appellate jurisdiction or power of review
- Applies with equal force with administrative bodies. When the law provides for an appeal from the decision
of an administrative body to the Supreme Court or Court of Appeals, it means that such body is co-equal
with Regional Trial Court in terms of rank and stature, and logically beyond the control of the latter

Constitutional Court
- One created by direct constitutional provision
- Only the Supreme Court of the Philippines is constitutional court

Statutory Court
- one created by law other than the constitution
- all courts except Supreme Court are statutory courts
- Sandiganbayan is constitutionally mandated court and therefore statutory court

Civil court
- Those which determine controversies between private persons

Criminal court
- Those which adjudicate offenses alleged to have been committed against the State

Philippine court
- Both civil and criminal court (RPC 100)

Superior Court
- one with controlling authority over other courts and with an original jurisdiction of its own

Inferior Court
- one which is subordinate to another court, the judgement of which may be reviewed by a higher tribunal

Court of general jurisdiction

- those with competence to decide on their own jurisdiction and take cognizance of all cases, civil and
criminal, of a particular nature
- it has the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court,
tribunal, person, or body exercising judicial or quasi-judicial functions

Court of special jurisdiction

- those which have jurisdiction only for a particular purpose or are clothed with special powers for the
performance of specified duties beyond which they have no authority of any kind
- Confined to particular causes or which can be exercised only under limitations and circumstances
prescribed by statute

Court of original jurisdiction

- When actions or proceedings are originally filed with it

Court of appellate jurisdiction

- When it has the power to review over the decisions or oders of a lower court
 - SC EN BANC is not an appellate court to which decisions or resolutions of a division of the Supreme court
may be appealed

Original Jurisdiction
- Jurisdiction to take cognizance of a case at its inception, try it and pass judgement upn law and facts

Exclusive Jurisdiction
- Precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others

Concurrent (Coordinate) Jurisdiction

- Power of difference courts to take cognizance of the same subject matter
- The court first taking cognizance of the case assumes jurisdiction to the exclusion of other courts
Court
- Organ of government belonging to judicial department the function of which is the application of the laws to
controversies brought before it as well as the public administration of justice
- Tribunal officially assembled under authority of law

Judge
- Officer of court, physical person
- Jurisdiction does not attach to the judge but to the court
 CHAPTER II JURISDICTION AND VENUE

Jurisdiction
- The power and authority of the court to hear, try, and decide a case. It includes the authority of the court to
execute its decisions

Court and not judge is vested with jurisdiction

- Jurisdiction is attached to the court

Aspects of jurisdiction
1. Jurisdiction over Subject Matter
2. Jurisdiction over the Parties
3. Jurisdiction over the issues of the case
4. Jurisdiction over the res or things involved in the litigation

Jurisdiction over Subject Matter

- Power of a particular court to hear the type of case that is then before it

- Effect of lack of jurisdiction over the subject matter

o Legally void where there is an absence of jurisdiction over the subject matter
o Even where the court in good faith believes that the subject matter is within its jurisdiction, it is still
void
- Jurisdiction vs Exercise of Jurisdiction
o Jurisdiction is authority to decide a case while Exercise of Jurisdiction is the exercise of this power

- Error of Judgement vs Error of Jurisdiction

o Error of Judgement
▪ Presupposes that the court is vested with jurisdiction over the subject matter but in the
process of exercising that jurisdiction, it committed mistakes in the apprehension of the facts
and the evidence leading to an erroneous judgement
▪ Erroneous conclusion of the court would be merely an error of judgement, not an error of
jurisdiction.
▪ Correctible by appeal
o Error of Jurisdiction
▪ Occurs when the court exercise a jurisdiction not conferred upon it by law or although vested
with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting
to lack of jurisdiction
▪ Correctible by certiorari
- Test of Jurisdiction
o Whether or not under the law it has the power or authority to take cognizance of a particular subject
matter

- Cause of Action
o Act or omission of a person violative of the rights of others

- Jurisdiction is conferred by
1. Constitution
2. Law
▪ The law which ins force at the time of the commencement of the action
▪ Cannot be granted by agreement of parties
- Jurisdiction is determined by
1. The allegations in the complaint
2. Evidence presented
3. Relief sought
▪ Caption of the case is not controlling
▪ Type of demand is controlling
▪ Amount awarded does not determine jurisdiction
- Doctrine of Primary Jurisdiction (Primary Administrative Jurisdiction)
- Courts cannot and will not resolve controversy involving a question which is within the jurisdiction of
an administrative tribunal especially where the question demands the exercise of sound
administrative discretion requiring the special knowledge, experience and services of the
administrative tribunal to determine technical and intricate matters of fact
- Objective is to determine whether it should refrain from exercising its jurisdiction until after an
administrative agency has determined some question or some aspect of some question arising in
the proceeding before the court

- Doctrine of Exhaustion of Administrative Remedies

- Emphasizes the initial conferment of jurisdiction over a particular matter to an administrative body
before a court could exercise jurisdiction over the same.
- It is mandated that where a remedy before an administrative body is provided by statute, relief must
be sought by exhausting this remedy prior to bringing the action in court in order to give that
administrative body every opportunity to decide a matter that comes within its jurisdiction

- Doctrine of adherence of jurisdiction

- Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events although of
a character which would have prevented jurisdiction from attaching in the first instance.
- The jurisdiction which the court had at the time of the filing of the complaint is not lost by the mere
fact that the respondent judge ceased to be in office during the pendency of the case

- Doctrine of Ancillary (Incidental) Jurisdiction

- It is the authority of an office or tribunal to do all things necessary for the administration or justice
within the scope of its jurisdiction, and for the enforcement of its judgement and mandate. It is the
power of every court to adopt such means and perform such acts necessary to carry its jurisdiction
into effect

- Doctrine of Judicial Stability

- Precludes a court from interfering by injunction with the regular orders of a co-equal court.
- If court violates the law or the rules on the issuance of a writ, the appropriate action is to assail the
writ before the issuing court, the remedy is not to resort to a co-equal body but to higher court with
authority to nullify the action of the issuing court

- Objections to jurisdiction over the subject matter

- May be raised at any stage of the proceedings, even for the first time on appeal
- If court has no jurisdiction over subject matter, action shall be dismiised
- Defense may be interposed at any time, during appeal, or even after final judgement

- Doctrine of Estoppel by Laches

- A party may be barred from raising objection to jurisdiction on the ground of estoppel
▪ Belated objection to jurisdiction that was raised by a party only when an adverse decision
was rendered by the lower court against it
 - Active participation of a party before a court is tantamount to recognition of that court’s jurisdiction
and willingness to abide by the court’s resolution

- Omnibus Motion Rule

- Motion attacking a pleading, order, judgment, or proceeding
- Requires to include all objections then available, and all objections not so included shall be deemed
waived
- Does not bar non waivable defenses
▪ Lack of jurisdiction over the subject matter
▪ Litis pendencia
▪ Res judicata
▪ Prescription

Jurisdiction over the Parties

- Power of the court to make decisions that are binding on persons
- Power of the court to render a personal judgment against a party to an action or proceeding
- Called jurisdiction in personam
- Person not within the jurisdiction of court is not bound by the judgement of that court
- An execution can be issued only against a party and not against one who did not have his day in court

- Jurisdiction over parties is acquired

1. Plaintiff
▪ By filing a complaint or petition
2. Defendant in civil cases
▪ Voluntary appearance in court
▪ By service of summons

- Voluntary appearance
- Appearance that seeks affirmative relief and not for the purpose of objecting to the jurisdiction of the
court over the person of the defendant
- Participating in the trial despite improper service of summons
▪ Filing of motions to admit answer
▪ Motion for additional time to file answer
▪ Motion for reconsideration of a default judgment
▪ Motion to life the order of default
- If special appearance to challenge the court’s jurisdiction, he cannot be considered to have submitted
to its authority
- Rule: Inclusion in a motion to dismiss other grounds aside from lack of jurisdiction over the
person of the defendant shall be deemed a voluntary appearance

- Action in personam
- Action against a person on the basis of his personal liability

- Action in rem
- Action against the thing itself, instead of against the person
- Ex. Adoption, annulment of marriage, correction of entries in birth certificate, forfeiture proceedings

- Action quasi in rem

- Action wherein an individual is named as defendant and the purpose of the proceeding is to subject
his interest therein to the obligation or lien burdening the property
- Summons
- In rem and quasi in rem, summons must be served upon the defendant
▪ not for purpose of vesting jurisdiction but merely for satisfying the due process
requirements
- personal service of summons is preferred mode of service of summons
- if he refused to receive, it shall be tendered to him