Title 1:

INTRODUCTION
Chapter 1

Overview & Preliminaries

THE PLAY THE PLAYERS THE COURTS
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General Principles
Overview & Preliminaries
Laws are classified as either Substantive or Exceptions to Retroactivity of Procedural Rules
Procedural Law. Procedural Law is also known as
Adjective law or REMEDIAL LAW. 1. Where the statute itself, or by necessary
implication, provides that pending actions are
Substantive Law Procedural Law excepted from its operation;
2. If applying the rule to pending proceedings
would impair vested right;
Branch of the law which Branch of law which
3. When to do so would not be feasible or would
creates, defines, and prescribes the method
work injustice; or,
regulates rights and of enforcing rights or
4. If doing so would involve intricate problems of
duties regarding life, obtaining redress for
due process or impair the independence of the
liberty or property their invasion.
courts (Tan vs. CA, G.R. No. 149453, April 1,
which, when violated,
2003).
gives rise to a cause of
action.
The 2 aspects of Remedial Law
Grants vested rights. No vested right may
Private aspect Public aspect
attach to, nor arise
therefrom provides a remedy for a provides a remedy for the
person against another state against a person.
It originates from the Supreme Court is person.
legislature. expressly empowered to
e.g. Civil procedure e.g. Criminal procedure
promulgate procedural
rules [Art. VIII, Sec. 5 ...or in favor of the
(5), 1987 Constitution]. individual against the
state
G. rule Prospective G. rule Retroactive
e.g. Habeas Corpus

Juris. DE DIOS vs. COURT OF APPEALS

G.R. No. 80491 | August 12, 1992
212 SCRA 519 | Cruz, J.
Procedural rules are designed to insure the orderly and
expeditious administration of justice by providing for
a practical system by which the parties to a litigation
may be accorded a full and fair opportunity to present
their respective positions and refute each other's
submissions under the prescribed requirements,
conditions and limitations. Adjective law is not the
counterfoil of substantive law. In fact, there is a
symbiotic relationship between them. By complying
faithfully with the Rules of Court, the bench and the
bar are better able to discuss, analyze and understand
substantive rights and duties and consequently to
more effectively protect and enforce them. The other
alternative is judicial anarchy.
So... Mag fofocus tayo sa procedural law
which is in fact the Remedial law. Tandan na ang
Remedial law prescribes the method of enforcing
rights diba? Eh sino ba ang nagpapatupad ng
Procedural laws? Ang nagpapatupad ng procedural
laws ay PRIMARILY ang Supreme Court.
Ganito yan, para magkaroon ka ng idea pano ang
systema ng Substantive law and Procedural law. In the
Philippines, we have the three branches of the
government which are the legislative, executive and
judiciary branch. Each branches has their primary
roles tama? at Kung each branches of the government
ay may primary roles, it is safe to say that they have
secondary roles or other functions right?

Primary Roles of the three branches of the Govenrment
Judiciary Executive Legislative
To interpret the law To execute the law To create a law
Judiciary and the two other branches
Supreme The
The Congress
Court President
makes a law
creates the appoints the
to create
rules of Justices &
statutory
procedure Judges
courts
Ito ang misconception ng madaming students
lalo na sa mga 1st years, ang akala is kapag executive
branch puro execute lang ng batas ang ginagawa,
kapag legislative branch puro gawa lang ng batas,
kapag judiciary puro interpret lang... that is wrong.
Each branches have rule-making power, adjucatory
powers, and power to execute. Nag kakaiba lang kasi
there is this concept of "Separation of Powers". Basic
yan sa political law ninyo. At limited lang ang isang
branch sa mandate ng Constitution. Thus, if the
legislative branch has the primary power to create
laws, they also have power to execute and power to
adjudicate. Example is that legislative branch has the
power to create committees and organize the members
of the house and senate, that is executive in nature,
they also have the power to discipline their members,
kaya nga merong HRET at SRET diba, that is
adjudicatory in nature naman. So... ibig sabihin ang
Judiciary hindi lang ito basta nag iinterpret ng batas,
meron din itong rule-making power. Sabi sa
Constitution, judicial power shall be vested in one
Supreme Court, meaning isa lang ang Supreme Court
sa Philippines and the SC alone has the power to
promulgate rules of procedure.
The Rule-making power
of the Supreme Court
The Rules of Court are enacted by the Supreme
Court. According to Sec. 5 Art. 8 of the
Constitution SC "shall have the power to
promulgate rules on pleading, practice and
PROCEDURE.”
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Limitations of its Rule making power to promulgate
Rules on PROCEDURE:
1.The Rules of Court shall provide a simplified
and inexpensive procedure for the speedy
disposition of cases;
2.The Rules of Court shall be uniform for all
courts of the same grade; and
3.The Rules of Court shall not diminish, modify
or increase substantive rights.
4. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court[Sec. 5(5), Art.
VIII, Constitution]; and
5. The power to admit attorneys to the Bar is not
an arbitrary and despotic one but is the duty of the
court to exercise and regulate by a sound and
judicial discretion(Andres vs. Cabrera, 127 SCRA
208, February 29, 1984).
Power to amend and
suspend procedural rules
The Supreme Court has the power to amend, repeal
or even establish new rules for a more simplified
and inexpensive process, and the speedy
disposition of cases (Neypes vs. CA, G.R. No.
141524, September 14, 2005)
N.B The courts have the power to relax or suspend
technical or procedural rules or to except a case
from their operation when compelling reasons so
warrant or when the purpose of justice requires it.
Judicial Power
a) Original Jurisdiction - To settle actual
controversies involving rights which are legally
demandable and enforceable; and
b) Expanded Jurisdiction - to determine whether
or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the
government (Art. VIII, Sec. 1 1987 Constitution).
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Define Procedure RULES OF COURT

The Rules of Court (1940, 1964, 1997) have all been
Procedure is the method of conducting a judicial
enacted by the Supreme Court. It is LAW, a
proceeding. It includes in its meaning whatever is
procedural law, not enacted by Congress but enacted
embraced in the technical terms of pleadings, practice
by the SC.
and evidence. (Kring vs. Misouri, 107 U.S 231)

Pleadings There are new amendments to the 1997 Rules of

Court and these are the laws that amends the Rules:
Pleadings defined. – Pleadings are the written
statements of the respective claims and defenses of
the parties submitted to the court for appropriate 2019 Amendments to the 1997
For Civil
judgment. (Sec. 1, Rule 6) Rules of Civil Procedure
Procedure
(A.M. No. 19-10-20-SC)
Practice
Practice refers to those rules governing the conduct of 2019 Amendments to the 1989
a case from its inception to final judgment and For
Revised Rules on Evidence
execution. (Wright vs. State, 61 Am. Dec. 90) Evidence
(A.M. NO. 19-08-15-SC)
Evidence
Rules on Expedited Procedures
Evidence is the means, sanctioned by these [R]ules, of
For MTC in the First Level Courts
ascertaining in a judicial proceeding the truth
(A.M. No. 08-8-7-SC)
respecting a matter of fact. (Sec. 1, Rule 128)

Parts of the RULES OF COURT

Sources of Procedural Law
Anu anu ba ung mga pinang-gagalingan ng procedural Rule 1 General Provisions
laws? Rules 2 - 71 Civil Procedure
1987 Constitution
Rules 72 - 109
Special Proceedings
Jurisprudence
Rules 110 - 127 Criminal Procedure
Supreme Court Circulars
Rules 128 - 134
The New Civil Code Evidence

Rules 135 - 142 Admission to, and rules

Batas Pambansa Blg. 129 (August 14, 1981) on, the practice of law
The Judiciary Reorganization Act of 1980

The Supreme Court

under the 1987 Constitution
The rule‑making power of the SC is written in
Article VIII, Section 5, paragraph [5] of the
Constitution.
Power to promulgate rules on
PLEADING, PRACTICE and PROCEDURE.
How Rules of Court be construed?
The RULES shall be LIBERALLY CONSTRUED.
Purpose of liberal approach:
To promote fair play
To assist the parties in obtaining just, speedy,
and inexpensive determination of every action
and proceeding

N.B
RULE 65
Ang Rule 65 ay isang rule sa Rules of
Court na paulit-ulit mo na makikita kapag nagfifile
ng kaso against the government.
Sa Rule 65, meroong tatlong special orders (writs)
na pwedeng ibigay ng korte as a remedy, 1)
Certiorari 2) Prohibition 3) Mandamus. Rule 65 on
Certiorari ang mahalaga nating mapagusapan sa
ngayon. Ang nature nito is important and kailangan
na madiscuss sa umpisa para mapadali ang inyong
pag pag aaral sa procedure.
Gagamitin mo lang ang
This Rule is the
Rule na ito kapag "remedy of last resort".
naubos mo na ang mga
remedies available para sayo according sa Rules of
Court. Sa moment na na-exhaust mo na lahat ng
available remedy mo at wala ka ng ibang remedy
na matatakbuhan, ang Rule 65 and iyong huling
halakhak.
Saan ba nang galing ang Rule 65, particulatly
Certiorari?
Constitution - Art VIII. SECTION 1. -
...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.
Galing ito sa expanded powers of the Courts given
to them by the Constitution. Kaya ito tinatawag na
expanded dahil kaya na ng courts na mag inquire
sa mga so called "political question" basta
meroong abuse of discretion sa part ng isang
government official na may dicretionary powers.
Malinaw naman na ang GROUNDS para magamit
mo ang Rule 65 on Certiorari ay "ABUSE OF
DISCRETION", this is the very remedy that is
being used kapag ang isang official na may
prerogative or discretionary powers ay nag abuse
ng kanyang kapangyarihan. Karaniwan ang mga
may mga ganitong powers ay ang mga the
President, his Cabinet members , the Judges or the
Justices, and other high officials with power to
make decisions while holding their office.
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Rule 65 on Certiorari
Feat Political Question
G. rule
Omission and action of any branch of the
government is subject to Judicial review
Expt.
The SC cannot review discretions that is purely
political question. Political Question is an issue
where the Court cannot exercise judicial review
concerning the wisdom of the policy in question.
Political question arises when there is a question
whether the decision or discretion of the official
is within his sole prerogative. If the discretion of
the official is within the bounds of law, it can
never be question by the SC. It will be
tantamount to violation of separation of powers if
they do so.
Expt. - Expt.
Because of the expanded power of judicial
review (2nd part), the political question doctrine
has been adversely affected; in fact, it has been
greatly diminished. Because actually nowadays,
even if the question presented before the court
appears to be a political question, for as long as
there is sufficient allegation of grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government, the court may
still intrude into those questions.
(KILUSANG MAYO UNO vs. AQUINO III
G.R. No. 210500 April 2, 2019)
"Rule 65, Sections 1 and 2 of the Rules of Court
provides remedies to address grave abuse of discretion
by any government branch or instrumentality,
particularly through petitions for certiorari and
prohibition... While these provisions pertain to a
tribunal's, board's, or an officer's exercise of discretion
in judicial, quasi-judicial, or ministerial functions, Rule
65 still applies to invoke the expanded scope of
judicial power. "

THE PLAY THE PLAYERS
THE PLAY
Remedial law is like playing a
chess game, every move counts at
sa fair play ng procedure, each
move of ethier the plaintiff or the
defendant maybe fatal to the case.
Kaya pag iisipan mo ng mabuti ang moves na gagawin
mo sa isang case. Remember remedial law only comes
to play when the law is procedural in nature.
Supreme Court - Gumawa ng
Procedure (Rules sa play)
PARTY/PARTIES:
Individual or any Juridical Entity
- ung may issue at naghahanap ng
sagot sakanyang problema (Mag
eengage sa play para makahanap
Plaintiff/ ng tamang sagot sakanyang
Complainant problema)
Individual or any Juridical Entity
- ung pinaghihinalaan na may
atraso sa plaintiff. In criminal
Defendant/
Respondent/ cases, only an Individual can be
Accused an accused.
Courts - ang lugar kung saan
nagaganap ang play. Ito ay
katumbas ng chessboard sa larong
chess.
Counsel / Lawyer - ang
magrerepresent sa plaintiff or
defendant sa Korte sa mga Action
na kailangan ng service nila.
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THE COURTS
Judge / Justices - ang mag sasabi
kung sino ang tama at mali
between the plaintiff and the
defendant. Siya din ang may
powers to grant special orders ng
Judge courts at magbigay ng proper
award sa nanalo na party.
Plays
A. Out-side Court play
Ito ay ang first stage ng pag resolve ng isang issue na
hindi na kailangan pa mag fifile sa Korte. Pwedeng
ayusin ang isang problema sa paraan ng pakikipag
negotiate and arbitrate or to put into settlement ang
pinagtatalunang issue which is called judgement call.
Isa pang kaparaanan ay ang tinatawag na Alternative
Dispute Resolution na matatalakay naman sa isang
minor subject sainyo sa law school.
Judgment Call
Ang isang party with his or her lawyer may try to
settle things with the other party witout going to court.
This stage is also called out-side court judgment call,
or lawyer's judgement call. You need to know din na
ang lawyer once na tinanggap niya ang case ng client,
the lawyer according to their Code of Professional
Responsibility is duty bound to handle the course of
the case. It is now dependent on the lawyer's judgment
call kung ano ang pipiliin niya na move. In this game,
kahit hindi pa nag uumpisa ung laban sa korte, pwede
ka na manalo by just using your judgement call, as a
lawyer.
B. Inside Court Play
This stage is the stage
where a party to case will
file his complaint to the
court. Tandaan, in order
for a plaintiff to file a
case in court, the case
must be actionable.
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Unahin natin ang gumawa ng play. ang gumawa ng Action

play at mechanics ng play is the Supreme Cout kasi An action is the legal and formal
sila ayon sa Constitution ang may "powers to demand of one's right from Action
promulgate rules on procedure". Ang Supreme another person made and legal and formal
Court ang gumawa ng Rules of Court. Nakapaloob sa instituted upon in a court of demand of one's right
Rules of Court ang instructions and mechanics ng Justice (Hermosa vs. Dela Riva,
play ng procedure. Ang Rules of Court ay isang batas G.R. No. L-19827 , April 6 1923).
na nag iinstruct saatin papano makakuha ng remedyo
sa ating mga problema na meron tayong karapatan
Constitution
ayon sa batas din. Sec. 1 | Art 8
SECTION 1. ...
Judicial power includes the duty of the Court's
ISSUE courts of justice to settle actual Power
controversies involving rights which are duty of the courts of
legally demandable and enforceable, and to justice to settle actual
ACTIONABLE? determine whether or not there has been a controversies
involving rights
grave abuse of discretion amounting to
which are legally
lack or excess of jurisdiction on the part of demandable and
To put it simply, lahat ng tao ay may any branch or instrumentality of the enforceable
problema, ang problema na iyon ay pwedeng Government.

pagmulan ng isang issue, at ang issue ay

ACTIONABLE!
possibleng pag mulan ng isang karapatan.
Ang karapatan naman sa isang issue ay
For example, nag aaway kayo ng iyong
nagmumula sa batas at kontrata. So... bago
kaibigan at pinag aawayan niyo ay kung ang mundo
tayo mag-engage sa play ng procedure, ba ay bilog or flat.
kailangan meron muna tayong actionable
issue. Boi..Round Flat un
ang Earth! tol!

Rights, Sources:
Duty and Law and
Obligation Contracts
Vs.
Ang iyong kaibigan ay isang member ng Flat Earth
Society. Sa inyong pag tatalo, hindi niyo mapag
Ang iyong issue ba ay nagmula
sa law or contracts kung saan desisyunan kung sino ang tama sainyo... ang tanong
ISSUE nang galing ang iyong right, or sa ganitong scenario is kung may RIGHT OF
duty or obligation?
ACTION or karapatan ba kayo mag punta ng Korte
para malaman kung sino ang tama sainyong dalawa?

NO YES Ang sagot ay WALA! Bakit? dahil wala namang

NOT ACTIONABLE! ACTIONABLE!
actual controversies involving
rights which are legally
demandable and enforceable
A. Out-side Court play B. Inside Court play
Lawyer's Judgment Call Go to Courts
legally demandable and enfoceable right sa
katanungan na kung ang Earth ay flat or round sa
kahit sinong party. Wala naman pang huhugutan ng
rights, duty, or obligation ang katananungan na ito.
Thus, walang kang mapapala sa Korte kahit na tama
na round ang Earth dahil hindi mo naman mapapa-
execute sa kaibigan mo na tama ka, dahil wala ka
naman source of right to do so.
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Conclusion Para makakuha ka tinatawag na RIGHT OF ACTION

Kapag nagka-problema ang isang individual or entity,
sa isang civil case, dadaan muna siya sa pag
determine ng issue kung ito ay merong actual
controversies involving rights which are legally
demandable and enforceable, dahil kung hindi ito ay
hindi tatangapin ng korte. After determination, mas
proper muna na mag daan sa isang pag susuri kung
ano ang better na move sa problem at hand, dahil
pwede makipag settle ang isang party ng hindi na
magpupunta pa sa court.
at makapag file ka sa korte dapat ang isang issue is
actionable, meaning dapat galing sa batas or kontrata
ang pinagmulan ng inyong issue. Dito hinuhugot ang
iyong rights, or duty, or obligation na makikita
naman sa Articla 1157 of the Civil Code, ito ang
sources ng obligation. Ang obligation kasi ang
nagbibigay ng binding effect sa mga rights ng tao at
para ito maging enforceable sa courts.
Ididiscuss natin fully ang ACTION pag dating natin
sa stage 1, RULE 1 ng Rules of Court.

Lawyering
Phases before available remedies in court commences

1 2 3
Judgment call by:
Issues with
legal action Judicial Bodies

Lawyer
Courts of Justice

Private Individiual
Quasi-courts

ISSUE Determination by:

or Quasi-judicial
Pending Isuue bodies

Prosecutor
& other officials
Lawyering is about issues and the proper application of the law. Issues emerge because of our differences in so
many factors, such as traditions, culture, morals, history, and more. First and foremost, if humanity does not
have any problems, no issue will arise.

Issues that pertain to rights and obligations of a person are to be solved ultimately by those who study the law.
That is why you, as a student of the law, must be a master of it. To master it, one must know that lawyering is
not all about filing a case in court but also having the sound discretion on how to deal with the problems at hand.
The first thing is to know whether there is a genuine issue to be resolved and if it is a matter of legal action. As a
lawyer, after such determination, your next step is a judgment call. The judgment call is your plan for resolving
the issue before and after going to court.
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THE PLAYERS I will categorize the players based on cronological order from
identifying the issue or whether there is probable cause to enter a
Judicial proceeding, upto the statisfaction of Judgment. There are three
primary stages in remedial law, the determination of issue or probable
Determination of issue cause, the court hearing, and the enforcement of the judgement.
or probable cause
Mag kahiwalay ang determination ng Civil in nature Criminal in nature
issue and probable cause. the first is civil
in nature and the last is criminal in nature.
Civil in nature issues can be determined Law enforcer
by a private individual or his/her lawyer. Lawyer Lawyer (PNP - police)
While Criminal in nature issues can only
be determined by the State through their
agents namely, the law enforcers in case
of hot pursuit or in flagrante delicto arrest,
Officers authorized to conduct
the Prosecutor, etc... Private individual
Preliminary Investigation
Court procedure
After determination if there is an issue
which will raise cause of action or probable
Sheriff
cause by the private individual, or lawyer,
or any appropriate officer. The next step is
either a judgment call or filing a necessary Judge
action in court. Once a complaint is filed in
court, it shall be filed in the clerk of court,
and then it will be raffled to a judged and
the case will proceed until Judgement will Clerk
is served. Plaintiff of court Defendant
Enforcement of the Counsel Counsel

judgement
Ang enforment ng judgment ay ang
hulign yugto ng proceedings. Here, the
winning party together with the sheriff
shall enforce whatever it is that has been Sheriff
awarded in the Judgement. If pera ang
award, edi mangongolekta ng pera sila
sherrif sa losing party. Ang rules sa
Enforcement of Judgment stage ay
matatagpuan sa Rule 39. Execution. Itong
single Rule na ito ay ang nagsisilbing
Amicus Curae
bible sa isa trabaho ng isang sheriff.

Guardian Commissioner
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THE COURTS
Meaning of a court
A court is an organ of government belonging to the
judicial department the function of which is the
Doctrine of non-interference
application of the laws to controversies brought before
This doctrine holds that courts of equal and coordinate
it as well as the public administration of justice.
jurisdiction cannot interfere with each other‘s orders
(Black‘s, 5th Edition, 356).
This principle also bars a court from reviewing or
Juris. A court is an entity or body vested with a interfering with the judgment of a co-equal court over
portion of the judicial power. (Lontok vs. which it has no appellate jurisdiction or power of
Battung, 63 Phil. 1054) review

Why vested only a portion of the Judicial power? Thus, when a court like RTC issues an order that
nullifies a decision of another RTC, such order is void
“The judicial power shall be vested in one
because it interferes with a court which has same
Supreme Court (SC) and in such other lower
jurisdiction.
courts as may be established by law.” - Sec 1. Art
8. Constitution.
Tinatawag din ang doctrine na ito na "Doctirne of
Judicial Stability" because it stabilize the heirarchy or
courts. Kung wala ang principle na ito, kahit saan
Judicial power is exercised by many courts as nalang pwede mag file ng case at masisira ang structure
provided by the law specifically by BP 129. The courts ng powers of the courts.
are divided into different jurisdictions and they have a
heirarchy so that the Supreme Court will not be Juris. Philippines Sinter Corporation vs. Cagayan
burdened with so many cases and it can focus on more Electric Power and Light Co., Inc.,
G.R. No. 127371 | April 25, 2002
important matters.
SANDOVAL-GUTIERREZ, J.
When the law provides for an appeal from the decision
vs. of an administrative body to the Supreme Court or
Court Judge Court of Appeals, it means that such body is co- equal
with the Regional Trial Court in terms of rank and
A tribunal vested with a A person or officer who statute, and logically beyond the control of the latter
portion of the judicial presides over a court
power. Thus, the doctine of non-interference or
judicial stability applies to quasi-judicial bodies
The court continues to Judges are human beings and courts.
exist even after the judge – they die, they resign,
presiding over it ceases they retire, they maybe
G. rule Doctrine of non-interference must be observed.
to do so. removed
Expt. The principle does not apply where a third-party
A court is an office A judge is a public
claimant is involved and such claim is
officer
prosecuted in aproper action where the proper
Jurisdiction attaches to Jurisdiction does NOT court issues a TRO or an injunction restraining
the Courts attach to the Judge. the proceedings before its co-equal court.
(Villamor vs. Guerrero, G.R. No. 82238-42,
A court is a legal construct that exists until the Nov 13, 1991)
law abolishes it.

Principle of Judicial Hierarchy
This is the prescribed order of recourse to courts with
concurrent jurisdiction, beginning from the lowest, on to the
next highest and ultimately to the highest.
A direct invocation of the Supreme Court’s original
jurisdiction should be allowed only when there are special
and important reasons therefor. (Montes v.Court of Appeals,
G.R. No. 143797, 4 May 2006)
This hierarchy is determinative of the venue of appeals, and
is likewise determinative of the proper forum for petitions
for extraordinary writs. This is an established policy
necessary to avoid inordinate demands upon the Court‘s
time and attention which are better devoted to those matters
within its exclusive jurisdiction, and to preclude the further
clogging of the Court‘s docket (Sec. 9[1], BP129; Sec. 5[1],
Art. VIII, Constitution of the Philippines).
G. rule
To simplify, ang application ng concept ng
judicial heirarchy ay may dalawang requirement:
1. Concurrent jurisdiction
RTC / CA / SC both has concurrent
jurisdiction of Habeas Corpus, Rule 65 -
Petition for Certiorari, Prohibition, and
Mandamus
2. Hierarchy of courts
The rule is to observe the heirarchy of the
courts when filing a case with concurrent
jurisdiction.
You can not simply file a case with higher
courts even though the higher court has
orginial jurisdiction over the petition of
Habeas Corpus, Certiorari, Prohibition, and
Mandamus. The rule is you must file the
petition in the lower courts which has original
and concurrent jurisdiction.
Can you file Petition for Certiorari under Rule 65
directly in SC?
No, because RTC and CA has also original
jurisdiction over the Petition. The general rule is
that you must respect the heirarchy of courts when
filing a case with courts that has concurrent
jurisdcition.
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It requires that recourse must be first made to the lower-
ranked courts exercising concurrent jurisdiction with a
higher court. (Dio vs. Subic Bay Marine Exploration, Inc.,
GR No. 189532, June 11, 2014)
Hierarchy of Courts in the Philippines
A. Ordinary Courts
Supreme Court
Court of Appeals
Regional Trial Courts
Metropolitan Trial Courts
B. Special Courts
Court of Tax Appeals
Sandiganbayan
Family Courts
Special Commercial Courts
Shaira District & Circuit Courts
Expt.
When the Doctrine of Hierarchy of Courts
May Be Disregarded?
If warranted by the nature and importance of
the issues raised in the interest of speedy
justice and to avoid future litigations;
In cases of national interest and of serious
implications. Under the Principle of Liberal
Interpretation, for example, SC may take
cognizance of a petition for certiorari directly
filed before it;
When there are special and important reasons
clearly stated in the petition;
When dictated by public welfare and the
advancement of public policy;
When demanded by the broader interest of
justice;
When the challenged orders were patent
nullities; or,
When analogous exceptional and compelling
circumstances called for and justified the
immediate and direct handling by the
Supreme Court (Republic vs. Caguioa, G.R.
No. 174385, February 20, 2013).
Thus, the doctine of heirachy of courts can
be disregarded if the above mentioned grounds are
present. It means pwede ka mag file directly ng
Petition for Certiorari under Rule 65 directly sa
SC kung meron kang isang ground sa taas.

Inherent Powers of Courts
Inherent powers of courts (Sec. 5 | Rule 135)
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 judicial investigation under
its authority;
(c) to compel obedience to its judgments orders, and processes,
and to the lawful orders of a judge out of court, in a case therein;
(d) to control, in furtherance of justice, 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 existence of its powers;
(g) to amend and control its process and orders so as to make
them conformable to law and justice;
(h) to authorize 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.
What is the principal powers of the courts?
The power to decide and to ENFORCE such
decision. Every court has the mandate to ensure
that its entire order is carried out; to compel
compliance with its order. This means na dapat
mapatupad ng courts ang kanilang desicion
Enforceability of writs and courts processes
What is the area of enforceability of writs and
processes of courts?
(Section 3, Interim Rules)
Certiorari, Prohibition, Others (Summons,
Mandamus, Quo Warrant of arrest,
warranto, Habeas search warrants, Writ
corpus, Injunction of execution
RTC - Anywhere within
All other writs are
the region. It cannot be
enforceable anywhere in
enfore outside its region.
the Philippines
mdj
Power to enforce
Power to enforce! (Sec. 6 | Rule 135)
SEC 6. Means to carry jurisdiction into effect – When by law
jurisdiction is conferred on a court or a judicial officer, all auxiliary
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 exercise of such jurisdiction 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.
Kung may power mag decide ang courts, meron din
itong power to enforce such decision. The Suprme
Court in many cases said that if the law is silent, it is
the power of the court to make one, on how to enforce
it. That is part of the court's power. Hanapan ng paraan
how to enforce it!
Classification of Courts
Constitutional
Statutory Courts
Courts
Created directly by the Created by law or by the
Constitution itself. legislature.
The Supreme Court
The Supreme Court is the only judicial court that
is created by the Constitution. Only decisions of
SC constitute "JURISPRUDENCE"
Doctrine of stare decisis
The doctrine of stare decisis (to adhere to precedents
and not to unsettle things which are established)
enjoins adherence to judicial precedents. It requires
courts to follow the rule established in a decision of
the Supreme Court thereof. That decision becomes
a judicial precedent to be followed in subsequent
cases by all courts in the land.
The doctrine of stare decisis is based on the principle
that once a question of law has been examined and
decided, it should be deemed settled and closed to
further argument.
 mdj

ALONZO vs. INTERMEDIATE APPELLATE

COURT May 28, 1987, J. Cruz
Statutory Courts
The following are statutory courts created by the HELD: “The question is sometimes asked, in serious
legislative body (Congress): inquiry or in curious conjecture, whether we are a
MTC - RTC - CA / CTA court of law or a court of justice. Do we apply the law
SandiganBayan - although in 1973 even if it is unjust or do we administer justice even
against the law? Thus queried, we do not equivocate.
Constitution orderd the creation of
The answer is that we do neither because we are a
SandiganBayan it was still the legilative who
court both of law and of justice. We apply the law
created a law PD 1486 which created SB.
with justice for that is our mission and purpose in
the scheme of our Republic.”
N.B MTC, RTC, CA/CTA/SB are created by
congress. The congress as well can abolish
them, not the SC.

Superior Courts 1st level courts

Known as courts of
These are known as
general jurisdiction, are
Courts of Law Courts of Equity "courts of special or
those which take
limited jurisdiction," and
cognizance of all kinds
Tribunals that decides are those which take
Tribunals that only of cases, whether civil or
according to their cognizance of certain
administer the law of the criminal, and possess
conscience or equity of specified cases only.
land. supervisory authority
justice. Also known as Inferior
over lower courts.
courts.

It dosposes the case

It disposes the case according to the moral
according to what the compass and conscience
law says of the judge, and equity
Original Courts Appellate Courts
of law.
Where a case is Where a case is
Our courts are both courts of law and equity. But commenced to be reviewed
the rule is that courts must follow the law first if it
Kung mag fifile ka ng case for the first time, you
is clear, if the law is silent, the court can decide
file it sa original courts. Then you may file to
based on equity, based on what is just and fair.
appellate courts if natalo ang case mo sa original
This is the principle of "Equity follows the law".
court. Ang original court ay tinatawag din an
"Court A Quo".
Equity is also embedded in our laws. An example
of which is the principle of estoppel, consequently,
it is not appropriate to disavow one's own
representation after deceiving someone. Civil Courts Criminal Courts

Courts that cognizable Courts that cognizable

of civil cases only. of criminal cases only.

All courts in the Philippines are both Civil and

Criminal Courts at the same time. Our courts such
as SC, CA, SB, RTC and MTC can decide civil
and criminal cases.
mdj
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
What is new?
MAJOR
AMEDNMENTS:
PLEADINGS
A. Insertion of Evidentiary Matters
Complaint must now include evidentiary matters,
example, judicial affidavits and copies of documents.
Pleading (Sec. 1 | Rule 8)
Section 1. In general. – Every pleading shall contain in a methodical
and logical form, a plain, concise and direct statement of the ultimate
facts, including the evidence on which the party pleading relies
for his [or her] claim or defense, as the case may be...
A Pleading must not only state the Ultimate
facts, but must also include the EVIDENTIARY
FACTS. The reason is that the parties, upon the filing
of their pleadings, must lay down their cards on the
table so that the court can immediately determine
whether meritorious issues were raised by the parties.
From here pwede na mag dismiss agad ng kaso ang
judge kung walang evidence included sa initiatory
pleading.
Contents (Sec. 6 | Rule 7)
Section 6. Contents. – Every pleading stating a party’s claims or
defenses shall, in addition to those mandated by Section 2, Rule 7,
state the following:
(a) Names of witnesses who will be presented to prove a party’s
claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided
that the judicial affidavits of said witnesses shall be attached
to the pleading and form an integral part thereof. Only
witnesses whose judicial affidavits are attached to the
pleading shall be presented by the parties during trial. Except
if a party presents meritorious reasons as basis for the
admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the
allegations contained in the pleading. (n)
B. Period to file pleadings
Defendant shall file his o her answer within 30 calendar
days after the service of summons. The “Calendar
Days” are now adopted in the RULES!
Period to file Answer (Sec. 1 | Rule 11)
Section 1. Answer to the complaint. – The defendant shall file his or
her answer to the complaint within thirty (30) calendar days after
service of summons, unless a different period is fixed by the court.
(1a)
Extension to file and Answer is only one time!
Extension (Sec. 11 | Rule 11)
Section 11. Extension of time to file an answer. – A defendant may,
for meritorious reasons, be granted an additional period of not more
than thirty (30) calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an answer, is
prohibited and considered a mere scrap of paper. The court, however,
may allow any other pleading to be filed after the time fixed by these
Rules. (11a)
C. Answer
Answer must contain all affirmative defense; failure
to raise the affirmative defenses at the earliest
opportunity shall constitute a waiver thereof.
D. Reply
Reply (Sec. 10 | Rule 6)
Section 10. Reply. – All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, such claims shall be set
forth in an amended or supplemental complaint. However, the
plaintiff may file a reply only if the defending party attaches an
actionable document to his or her answer.
A reply is a pleading, the office or function of which is to deny, or
allege facts in denial or avoidance of new matters alleged in, or
relating to, said actionable document.
In the event of an actionable document attached to the reply, the
defendant may file a rejoinder if the same is based solely on an
actionable document. (10a)
As a general rule, a reply is not allowed! The only
exception is when the defendant attaches an
ACTIONABLE DOCUMENT to the answer.
Consequently, a rejoinder is only allowed when an
actionable document is attached to the reply.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)

Presumptive service (Sec. 10 | Rule 13)

Section 10. Presumptive service. – There shall be presumptive notice
to a party of a court setting if such notice appears on the records to
have been mailed at least twenty (20) calendar days prior to the
scheduled date of hearing and if the addressee is from within the
FILING & SERVICES same judicial region of the court where the case is pending, or at least
thirty (30) calendar days if the addressee is from outside the judicial
region. (n)
Manner of filing (Sec. 3 | Rule 13)
Section 3. Manner of filing. – The filing of pleadings and other court
submissions shall be made by:

(a) Submitting personally the original thereof, plainly indicated SERVICE OF SUMMONS
as such, to the court;
(b) Sending them by registered mail;
Clerk will issue summons (Sec. 1 | Rule 14)
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other electronic Section 1. Clerk to issue summons. – Unless the complaint is on its
means as may be authorized by the [c]ourt in places where the face dismissible under Section 1, Rule 9, the court shall, within five
court is electronically equipped... (5) calendar days from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk of court to issue
Modes of service (Sec. 5 | Rule 13) the corresponding summons to the defendants. (1a)

Section 5. Modes of [s]ervice. – Pleadings, motions, notices, orders,

judgments, and other court submissions shall be served personally or
by
registered mail,
accredited courier,
electronic mail,
facsimile transmission,
other electronic means as may be authorized by the [c]ourt, or as
provided for in international conventions to which the
Philippines is a party. (5a)
Electronic means (Sec. 9 | Rule 13)
Section 9. Service by electronic means and facsimile. – Service by
electronic means and facsimile shall be made if the party concerned
consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to
the party’s or counsel’s electronic mail address, or through other
electronic means of transmission as the parties may agree on, or upon
direction of the court.
Service by facsimile shall be made by sending a facsimile copy to the
party’s or counsel’s given facsimile number. (n)
Court’s first action bago magpadala ng summons…
The court is authorized to dismiss the complaint motu
propio when any of the non-waivable grounds to
dismiss are present. The non-waivable grounds under
Sec 1 Rule 9 are:
No Jurisdiction over the subject matter
Litis pendencia
Res Judicata
Prescription
Kapag nadetermine ng court na hindi dapat madismiss
ang case, there magpapadala na ng summons and court
within 5 calendar days.
Plaintiff may serve summons:
By whom served? (Sec. 3 | Rule 14)
Section 3. By whom served. – The summons may be served by the
sheriff, his or her deputy, or other proper court officer, and in case of
failure of service of summons by them, the court may authorize the
plaintiff - to serve the summons - together with the sheriff.

...xxx... If the plaintiff misrepresents that the defendant was

served summons, and it is later proved that no summons was
served, the case shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff shall be meted
appropriate sanctions.

Failure to comply with the order shall cause the dismissal of the
initiatory pleading without prejudice. (3a)
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Substituted Service of Summons
Under section 6, Rule 14, if for justifiable causes,
the defendant cannot be served personally after at
least 3 attempts on two different dates, substituted
service may be affected.
Substituted service can be effected either to a
person at least 18 years of age and of sufficient
discretion residing at the defendant’s house; to a
person who customarily receives correspondences
for the defendant; if refused entry, to the officers of
HOMEOWNERS’ association or condominium
corporation, o its chief security officer in charge of
the community; or by sending an electronic mail to
the defendant, if allowed by the court.
NB: kapag hindi tinaggap ng head of security or officer
ng condo or homeowners, sila ay pwede icontempt ng
korte (contempt of court)
NB: Kasama na din ang mga tao na regular na
tumatanggap ng communications ang tumaggap ng
service of summons.
Substituted service (Sec. 6 | Rule 14)
Section 6. Substituted service. – If, for justifiable causes, the
defendant cannot be served personally after at least three (3) attempts
on two (2) different dates, service may be effected:
(a) By leaving copies of the summons at the defendant’s
residence to a person at least eighteen (18) years of age and of
sufficient discretion residing therein;
(b) By leaving copies of the summons at [the] defendant’s office
or regular place of business with some competent person in
charge thereof. A competent person includes, but is not limited
to, one who customarily receives correspondences for the
defendant;
(c) By leaving copies of the summons, if refused entry upon
making his or her authority and purpose known, with any of the
officers of the homeowners’ association or condominium
corporation, or its chief security officer in charge of the
community or the building where the defendant may be found;
and
(d) By sending an electronic mail to the defendant’s electronic
mail address, if allowed by the court. (7a)
International Service
International conventions (Sec. 9 | Rule 14)
Section 9. Service consistent with international conventions. –
Service may be made through methods which are consistent with
established international conventions to which the Philippines is a
party. (n)
Under Sec 9, Rule 14, service of summons may be
made through methods which are consistent with
established international conventions to which the
Philippines is a party, such as the Hague Service
Convention.
MOTIONS
Binago na ang rule 15 and 16, tinagal ang rule
16, pinag hiwahiwalay ang mga motion, hinati
at clinasify into three:
Litigious
Non-litigious
Motion to dismiss
Non- litigious motion
Non-litigious motions are those which the court
may act upon without prejudicing the rights of
adverse parties. These motions shall not be set for
hearing and shiuld be resolved by the court within
5 calendar days from receipt thereof.
Sec 4, Rule 15 enumerates the non-litigious
motions:
1.Motion for the issuance of an alias summons
2.Motion for extension to file answer
3.Motion for postponement
a. Limited ground for postponement
(act of god, etc)
b. Postponement fee! Hindi tatanggapin
ng korte ang motion for postponement ng
walang receipt of postponement fee under
rule 141
4.Motion for the issuance of writ of execution
5.Motion for the issuance of an alias writ of
execution
6.Motion for issuance of writ of possession
7.Motion for the issuance of an order directing
the sheriff to execute the final certificate of
sale
8.Other similar motions.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Litigious motion
Motion na kailangan pagaralan ng judge… Litigious
motions are those which the court may only act upon
by giving the adverse party the opportunity to file an
opposition thereto. Sec 5, Rule 15 enumerates the
litigious motions:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive
pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ
of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default;
and
14) Other similar motions.
NB: Litigious motions are not automatically set for
hearing. Sec 6, Rule 15 states that only if necessary
for its resolution, shall the court call a hearing on
the motion. So wala na ung notice of hearing!
Okay!? So kapag nakatanggap mo ang motion
which is litigious in nature, obligado agad ang
opposition party na magfile ng opposition or
comment, again wala ng notice notice pa…
deretsyo comment na agad.
NB: kapag Nakita naman ni judge na hindi na
kailangan ng hearing sa litigious motion he can
decide so. If he needs to clarify something, then he
can set the case for clarification hearing and after
that he can resolve the motion.
Prohibited Motions
* Sec 12, Rule 15 enumerates the prohibited motions:
1.Motion to dismiss except on the following
grounds:
a.No Jurisdiction over the subject matter
b.Litis pendencia – there is another action
pending bet. Same parties and for same cause
c.Res Judicata – barred by prior judgement
d.Prescription – barred by statute of limitations
NB: Rule 16 (Motion to dismiss) has been deleted or its
provisions have been transposed. Motion to dismiss is
now a prohibited pleading except on the four non-
waivable grounds above. Consistent with Sec 1, Rule 9.
2.Motion to hear affirmative defenses
Jurisprudence: hearing of affirmative defenses is
discretionary to courts.
3. Motion for reconsideration of the court’s action
on the affirmative defenses
4. Motion to suspend proceedings without a
temporary restraining order or injunction issued by
the higher court
5. Motion for extension of time to file pleadings,
affidavits, or any other peppers, except a motion for
extension to file an answer as provided by Sec 11,
rule 11
6. Motion for postponement intended for delay,
except if it based on:
a. Acts of God
b. Force majeure
c. Physical inability of the witness to appear and
testify
If the motion is granted based on such
exceptions, the moving party shall be
warned that the presentation of its evidence
must still be terminated on the dates
previously agreed upon.
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)

PRE-TRIAL

The Judge
The 2019 amendments emphasize the
pro-active role of judges during pre-trial
Pre-trial shall first be conducted in order
to, among others, simplify the issues of
the case
Warranted the judge may motu propio
indicate in the pre-trial order that the
case be submitted for summary
judgement or judgement on the
pleadings.
Note: to ensure that the summary
judgment or judgment on the pleadings
are complied with by the parties, you
cannot appeal on certiorari the order of
the court on the motion granting
summary judgement or judgement on the
pleadings.
After pre-trial and when there are
remaining issues, the case shall be
referred to CAM (court-annexed
mediation) for non-extendable period of
30 days
TRIAL
Continuous Trial Rule: Adopted
The schedule of the trials are now
continuous
The plaintiff and defendant are given
period of 90 days each to present their
evidence
As a rule, the presentation of evidence shall
be terminated within a period od 6 months
or 180 calendar days. If there are 3rd (4th,
etc) party claim, counter claim or cross-
claim, the presentation of evidence of all
parties shall be terminated within a period
of 10 months or 300 calendar days.
Again, postponement of hearing is not
allowed except if it is based on Acts of
God, Force majeure, Physical inability
of the witness to appear and testify.

Judicial Dispute Resolution is not

anymore mandatory! It is discretionary
only when the judge of the court to
which the case was originally raffled is
convinced that settlement is still possible