CIVIL PROCEDURE OUTLINE

A. CONCEPT OF REMEDIAL OR PROCEDURAL LAW

a.
B. NATURE OF REMEDIAL LAW
a. Have the force and effect of law.
C. SUBSTANTIVE LAW v. REMEDIAL LAW
a. As to its nature
b. As to the creation of rights
c. As to its applicability
i. Substantive Law
1. Prospective
ii. Remedial Law
1. GR: May be applied retroactively to actions pending and
undetermined at the time of passage, as procedural law does not
create any substantive right
a. XPNs
i. When the law, expressly or impliedly provides that
it will not apply to pending actions
ii. If its applicability would impair vested rights
iii. If in the court’s mind, the application will would not
be feasible and would work injustice
iv. If it would involve intricate process of due process
or impair the independence of the courts.
d. As to who enacts
i. Substantive Law
1. Congress
ii. Remedial Law
1. Supreme Court
D. PROCEDURAL LAWS APPLICABLE TO ACTIONS PENDING AT THE TIME OF
PROMULGATION
a. Statutes and rules regulating the procedure of courts are considered applicable to
actions pending and unresolved at the time of their passage. (Panay Railway v.
Heva)
E. LIBERAL CONSTRUCTION OF PROCEDURAL LAWS
a. GR: Rules of Procedure shall be construed liberally in order to promote its objective
of securing a just, speedy, and inexpensive disposition of cases.
i. XPN:
1. Reglementary period
2. Service of summons
3. Forum Shopping
b. The liberal construction of the rules may only be invoked in situations, when there
is an inexcusable formal deficiency or error in a pleading, provided that the
same does not subvert the essence of the proceeding and that it at least
connotes a reasonable attempt at compliance with the rules (Martos v. New
San Jose Builders)
F. RULE MAKING POWER OF THE SUPREME COURT
 a. Section 5, Article VIII, 1987 Constitution
i. Protection and enforcement of constitutional rights
ii. Practice, procedure, and pleading in all courts
1. The constitutional faculty of the Supreme Court to promulgate rules
or practice and procedure necessarily carries the power to
overturn judicial precedents on points of remedial law through
the amendment of the Rules of Court (Pinga v. Heirs of German
Santiago)
iii. Admission to the practice of law
iv. The Integrated Bar
v. Legal Assistance to the underprivilege
b. Limitations on the Rule Making Power of the Supreme Court (Section 5, Article
VIII, 1987 Constitution)
i. The rules shall provide a simplified and inexpensive procedure for speedy
disposition of cases
ii. The rules must be uniform for all the courts of the same grade
iii. The rules must not diminish, increase or modify substantive rights
c. Power of the Supreme Court to Amend and Suspend Procedural Rules
i. GR: Compliance with procedural rules is the general rule. Abandonment
should only be done in the most exceptional cases
1. NOTE:
a. The courts have the power to relax or suspend technical
and procedural rules or to except a case from their
operation when compelling reasons so warrant or when
the purpose of justice requires it. (CIR v. Migrant
Pagbilao Corporation)
2. XPN:
a. The power of the Supreme Court to suspend its own rules or
to except a particular case from its operations whenever the
purposes of justice require it cannot be questioned
3. XPN 2 XPN
a. To relieve a litigant of an injustice commensurate with his
failure to comply with the prescribed procedure and the
mere invocation of substantial justice is not a magical
incantation that will automatically compel the Supreme
Court to suspend procedural rules.
d. Rules that would warrant the suspension of the Rules of Procedure
i. Existence of special or compelling circumstances
ii. The merits of the case
iii. A cause not entirely attributable to the fault or negligence of the party
favored by the suspension of rules
iv. A lack of any showing that the review sought is merely frivolous and dilatory
v. The other party will not be unjustly prejudiced
vi. Transcendental matters of life, liberty, or state security
G. NATURE OF PHILIPPINE COURTS
a. Functions of Court
 i. Decide actual controversies and not to give opinions upon abstract
propositions
ii. Apply the law
iii. Interpret the law
b. Jurisdiction does not attach to the judge but to the court
i. The continuity of a court and the efficacy of its proceeding are not affected
by the death, resignation, or cessation from the service of the judge
presiding over it.
c. Courts of Original and Appellate Jurisdiction
d. Courts of General and Special Jurisdiction
e. Constitutional and Statutory Courts
i. As to what law creates it
1. NOTE: Sandiganbayan is a constitutionally mandated court, but it is
created by statutory enactment
ii. As to its abolishment
f. Courts of law and equity
i. Courts of Law
1. To administer the law of the land
ii. Courts of Equity
1. To administer justice outside the law where the basis is morals
rather than law
H. PRINCIPLE OF JUDICIAL HIERARCHY
a. A case must be filed first before the lowest court possible having the appropriate
jurisdiction
i. Except if one can advance a special reason which would allow him a direct
resort to a higher court.
b. Constitutional Imperative
i. The doctrine of hierarchy of courts is not a mere policy, but rather it is a
constitutional filtering mechanism designed to enable the Supreme Court
to focus on the more fundamental and essential tasks assigned to it.
c. Requirement of due process
i. By filing a case before the Supreme Court, litigants necessarily deprive
themselves of the opportunity to pursue or defend their causes of action.
Their right to due process is effectively undermined by their own doing.
d. Filtering Mechanism
i. The doctrine of hierarchy of courts operates:
1. To prevent inordinate demands upon the Supreme Court’s time and
attention which are better devoted to those matters within its
exclusive jurisdiction
2. Prevent overcrowding of the Court’s docket
3. Prevent the inevitable and resultant delay, intended, in the
adjudication of cases which often have to be remanded or referred to
the lower court
e. XPNs to the doctrine of hierarchy of courts
i. Genuine issues of constitutionality that must be addressed at the most
immediate time
 ii.
Issued involved are of transcendental importance
iii.Cases of first impression
iv.Constitutional issued are better decided by the Supreme Court
v.Exigency in certain situations or when time is of the essence
vi.The filed petition reviews the act of a constitutional organ
vii.No other plain, speedy, and adequate remedy in the ordinary course of law
viii.The petition includes questions that are dictated by public welfare and
advancement of public policy
ix. The orders complaint were found to be patent nullities
x. The appeal was considered as clearly an inappropriate remedy
xi. When analogous, exceptional and compelling circumstances called for and
justified the immediate and direct filing
xii. NOTE:
1. The common denominator for the exception of applying the
hierarchy of courts are issues for resolution of the Court which
are purely legal.
f. Failure to comply
i. The failure to comply with the Principle of Hierarchy of Courts is sufficient
cause to dismiss the case.
I. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
a. GR: Courts of equal and coordinate jurisdiction cannot interfere with each other’s
orders.
i. It bars a court from reviewing or interfering with the judgement of a co-
equal court over which it has no appellate jurisdiction
b. XPN
i. The doctrine does not apply where a third party claimant is involved
1. No mall shall be affected by any proceeding to which he is a stranger
c. NOTE:
i. The doctrine of non-interference applies also with equal force to
administrative bodies (Philippine Sinter Corporation v. Cagayan
Electric Power and Light, Co., Inc.)
J. JURISDICTION
a. Definition
i. Pertains to the power and authority of a court to try, hear, decide a case and
the power to enforce its determination
ii. As to subject matter, jurisdiction is conferred by substantive law
iii. As to the parties, issues, and res, jurisdiction is provided by procedural
law
b. Original v. Appellate
i. Original jurisdiction pertains to the power of the court to take judicial
cognizance of a case instituted for judicial action for the first time under
conditions provided by law
ii. Appellate jurisdiction pertains to the authority of the court higher in rank
to re-examine the final order or judgement of a lower court.
c. General v. Special
 i. General jurisdiction pertains to jurisdiction to take cognizance of a case
at its inception, try it, and pass judgement upon the law and facts
ii. Special jurisdiction is restricted only to particular cases.
d. Exclusive v. Concurrent
i. Exclusive jurisdiction is that possessed by a court to the exclusion of
others
ii. Concurrent jurisdiction is the power of different courts to take
cognizance of the same subject matter.
e. Aspects of Jurisdiction
i. Jurisdiction over the parties
ii. Jurisdiction over the subject matter
iii. Jurisdiction over the issues
iv. Jurisdiction over the res or property in litigation
v. Jurisdiction over the remedies.
f. Jurisdiction over the parties
i. Jurisdiction over the person is the legal power of the court to render a
personal judgement against a party to an action or proceeding
1. NOTE: The manner by which courts acquire jurisdiction over the
parties depends on whether the party is a plaintiff or defendant
ii. Jurisdiction over the Plaintiff
1. Jurisdiction over the plaintiff is acquired by the courts when the
action is commenced by the filing of the complaint.
a. Presupposes the payment of docket fees
iii. Jurisdiction over the Defendant
1. Jurisdiction over the person of the defendant is acquired through:
a. By his/her voluntary appearance in court
b. By a valid service of summons
2. NOTE: Jurisdiction over the defendant is not essential in actions in
rem or quasi in rem as long as the court has jurisdiction over the
res
iv. Voluntary Appearance
1. GR: Voluntary appearance of a defendant without raising the
question of lack of jurisdiction, the court acquires jurisdiction over
him.
a. It is equivalent to service of summons
2. XPN: Special Appearance
a. When the defendant’s appearance is made precisely to
object to the jurisdiction of the court over his person, it
cannot be considered as appearance in court.
b. NOTE: Objections to the jurisdiction of the court over the
person of the defendant must be explicitly made; that
failure to do so makes the appearance fall under
voluntary appearance, hence the court will acquire
jurisdiction over his person
3. Filing of pleadings seeking affirmative relief
 a. GR: Seeking an affirmative relief constitutes voluntary
appearance and the consequent submission of one’s person
to the jurisdiction of the court.
i. XPN: In case the pleadings whose prayer is precisely
for the avoidance of the jurisdiction of the court,
it is equivalent to special appearance (i.e. Motion
To Dismiss on the ground of Lack of Jurisdiction)
g. Jurisdiction over the subject matter
i. It is the power to hear and determine cases of the general class to which the
proceedings in question belong
ii. Rule
1. GR: Jurisdiction over the subject matter cannot be waived,
enlarged, or diminished by stipulation of the parties
a. XPN: Estoppel by laches.
i. By failure to object to the jurisdiction of the court
for a long period of time and by invoking its
jurisdiction in obtaining an affirmative relief.
(Tijam v. Sibonghanoy)
iii. Jurisdiction over the subject matter v. Jurisdiction over the person
1. Subject matter
a. GR: Determined by the allegations of the complaint
i. XPN:
1. Where the real issues are evidence from
the record of the case, jurisdiction over the
subject matter cannot be made to depend
on how the parties word or phrase their
pleadings.
b. Jurisdiction over the subject matter is conferred by law
either through the constitution or a statute/law
2. Person
a. Acquired by the filing of the petition in case of a plaintiff
b. Through, arrest, valid service of summons or voluntary
submission in the case of a defendant.
c. Jurisdiction over the persons is sometimes made to
depend, indirectly on the party’s volition
h. Jurisdiction v. Exercise of Jurisdiction
i. As to their nature
1. Jurisdiction
a. It is the authority to hear and decide cases. It does not
depend upon the regularity of the exercise if that power or
upon the rightfulness of the decision made
2. Exercise of Jurisdiction
a. It is any act of the court pursuant to such authority which
includes making decision. If there is jurisdiction over the
person and subject matter, the resolution of all other
 questions arising from the case is but an exercise of
jurisdiction.
i. How Jurisdiction is conferred and determined?
i. GR: Jurisdiction over the subject matter is conferred by law which may
either be the Constitution or a statute. It does not depend on the objection
or the acts or omission of the parties.
1. XPN: The following are instances wherein jurisdiction over the
subject matter cannot be conferred.
a. By the administrative policy of the court
b. By the voluntary act or agreement of the parties.
c. A court’s unilateral assumption of jurisdiction
d. An erroneous belief by that court that it has jurisdiction
e. By the parties through a stipulation
f. The agreement of the parties acquired through, or waived,
enlarged or diminished by, any act or omission of the parties
g. Parties’ silence, acquiescence, consent, or waiver.
ii. How jurisdiction is determined
1. Jurisdiction is determined by the allegations of the complaint
regardless of whether or not the plaintiff is entitled to his claims
asserted.,
j. Doctrine of Primary Administrative Jurisdiction
i. The doctrine of Primary Administrative means that if a case is such that its
determination required the expertise, specialized training and
knowledge of the proper administrative bodies, relief must be fist
obtained in an administrative proceeding before a remedy is supplied by
the courts.
1. XPN
a. When there is estoppel on the part of the party invoking the
doctrine
b. When the challenged administrative act is patently illegal,
amounting to lack of jurisdiction
c. When there is unreasonable delay or official inaction that
will irretrievably prejudice the complainant
d. When the amount involved is relatively small
e. When the question involved is purely legal and will
ultimately have to be decided by the courts
f. When judicial intervention is urgent
g. When its application may cause great and irreparable
damage
h. When the controverted acts violate due process
i. When the issue of non-exhaustion of administrative
remedies has been rendered moot
j. When there is no other plaint, speedy, adequate remedy
k. Quo warranto proceedings.
k. Doctrine of Exhaustion of Administrative Remedies
 i. Recourse through court action cannot prosper until after all such
administrative remedies have first been exhausted. The non-
observance of the doctrine results in lack of cause of action; the court
action shall be premature
1. NOTE: The rule on exhaustion of administrative remedies and
doctrine of primary jurisdiction applies only when the
administrative agency exercises quasi-judicial of adjudicatory
function
2. The rationale of both doctrines explains that courts must allow
administrative agencies to carry out their functions and
discharge their responsibility within specialized areas of their
respective competence.
a. It entails lesser expenses and provides for the speedier
resolution of controversies.
ii. XPN:
1. When respondent official acted in utter disregard of due process
2. When the questions involved are purely judicial or legal
3. When the controverted act is patently illegal or was performed
without jurisdiction or in excess of jurisdiction
4. When there is estoppel on the part of the administrative agency
5. When its application may cause great and irreparable damage
6. When the respondent is a Department Secretary whose acts as an
alter ego of the President bears the implied or assumed approval of
the latter unless actually disapproved by him
7. When to require administrative remedies would be unreasonable
8. When the insistence in its observance would result in the
nullification of the claim being asserted
9. When the subject matter is a private land in land case proceedings
10. When it does not provide a plain, speedy, and adequate remedy
11. When there are circumstances indicating urgency of judicial
intervention
12. Exhaustion of administrative remedies may also be considered
waived if there is a failure to assert it for an unreasonable length
of time
13. A civil action for damages may, however, proceed notwithstanding
the pendency of an administrative action
14. When the involved claim is small
15. When strong public interest is involved
16. Quo warranto proceedings
l. Doctrine of Ancillary/Incidental Jurisdiction
i. Power of every court to adopt such means and perform such acts necessary
to carry its jurisdiction into effect.
1. When there is a grant of jurisdiction, in the absence of prohibitive
legislation is given to a court, it implies the necessary and usual
incidental powers essential to effectuate it, and, subject to
existing laws and constitutional provisions, every regularly
 constituted court has power to do all things that are reasonably
necessary for the administration of justice within the scope of
its jurisdiction and for the enforcement of its judgement and
mandates.
m. Doctrine of Adherence of Jurisdiction
i. GR: Jurisdiction, once attached, cannot be ousted by subsequent
happenings or events although of a character which would have prevented
jurisdiction from attaching in the first instance, and the court retains
jurisdiction until it finally disposes the case.
1. XPN
a. Where a subsequent statute expressly prohibits the
continued exercise of jurisdiction
b. When the law penalizing an act which is punishable is
repealed by a subsequent law.
c. When accused is deprived of his constitutional right
d. When the statute expressly provides or is construed to the
effect that it is intended to operate as to actions pending
before its enactment
e. When the proceedings in the court acquiring jurisdiction is
terminated, abandoned, or declared void
f. Once appeal has been perfected
g. Curative statutes.
n. Effect of Retroactivity of laws on jurisdiction
i. GR: Jurisdiction being a matter of substantive law, the established rule is
that the statue in force at the time of the commencement of the action
determines jurisdiction.
1. XPN:
a. When there is an express provision in the statute
b. The statute is clearly intended to apply to actions
pending before its enactment.
o. Jurisdiction over the issues
i. Pertains to the power of the court to try and decide issues raised in the
pleadings of the parties or by their agreement in a pre-trial or those tried
by the implied consent of the parties.
ii. Jurisdiction over the issue is conferred and determined by:
1. The pleadings of the parties
2. Stipulation of the parties as when in the pre-trial
3. Waiver or failure to object to the presentation of evidence on a
matter not raised in the pleading
p. Jurisdiction over the Res or the Property in Litigation
i. It refers to the court’s jurisdiction over the thing or the property which is the
subject of the action
ii. How is jurisdiction over the res acquired:
1. The seizure of the property under legal processes
2. As a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective
 3. The court by placing the property of the thing under in custody
a. Attachment of property
4. The court through statutory authority conferring upon it the
power to deal with the property or thing within the court’s
territorial jurisdiction.
q. Error of Jurisdiction v. Error in judgement
i. As to nature
1. Error of Jurisdiction
a. Where the court, officer, or quasi-judicial body acts without
or in excess of jurisdiction or with grave abuse of
discretion
2. Error of Judgement
a. One that the court may commit in the exercise of
jurisdiction
i. Includes errors of procedures or mistakes in the
court’s findings.
ii. As to the judgement rendered
1. Error of Jurisdiction
a. The judgement is either void or voidable
i. XPN
1. When the party raising the issue is barred by
estoppel.
2. Error of Judgement
a. The judgement rendered is not void.
r. Jurisdiction v. Venue
i. As to the definition
1. Venue
a. Pertains to the place or geographical area where an action is
to be filed and tried
2. Jurisdiction
a. Pertains to the power of the court to hear and decide a case
ii. As to when it can be objected
1. Venue
a. Can only be objected to before the other party filed a
responsive pleading (answer)
2. Jurisdiction
a. Can be brought up at any stage of the proceedings
iii. As to its waivability
1. Venue
a. Can be waived by:
i. The failure to object through a motion to dismiss
or through an affirmative defense; or
ii. Stipulation of the parties
2. Jurisdiction
a. Cannot be waived
iv. As to its nature
 1. Venue
a. A matter of procedural law
2. Jurisdiction
a. A matter of substantive law
v. As to the agreement of parties
1. Venue
a. May be stipulated by the parties
2. Jurisdiction
a. Cannot be the subject of the agreement of the parties.
vi. As to the relationship established
1. Venue
a. Establishes a relation between the plaintiff and the
defendant
2. Jurisdiction
a. Establishes a relation between the court and the subject
matter
vii. As to it being a ground for a motu proprio dismissal
1. Venue
a. GR: Not a ground for a motu proprio dismissal
i. XPN: In cases subject to the summary procedure
2. Jurisdiction
a. It is a ground for a motu proprio dismissal in case of lack
of jurisdiction over the subject matter.
s. Totality Rule/Aggregate Rule
i. If there are several claims or causes of actions, principally for recovery of
money between the same or different parties embodied in one complaint,
the amount of the demand shall be the totality of the claims in all
causes of action irrespective of whether the causes of action arose out of
the same or different transaction
ii. The totality rule is applied also to cases where two or more plaintiffs
having separate causes of action against a defendant join in a single
complaint as well as to cases where a plaintiff has separate causes of
action against two or more defendants joined in a single complaint.
1. However, the causes of action in favor of two or more plaintiffs or
against the two or more defendants should arise out of the same
transaction or series of transactions and there should be a
common question of law or fact.
iii. The totality rule is not applicable if the claims are separate and distinct
from each other and did not arise from the same transaction.
1. If there is a misjoinder of parties for the reason that the claims
against respondents are separate and distinct then, neither falls
within RTC’s jurisdiction (Flores v. Judge Mallare-Phillipps)
iv. Claims for damages
1. If the main action is for the recovery of sum of money, and
damages claims is merely a consequence of the main cause of action,
 the same are not included in determining the jurisdictional
amount
2. If the main cause of action is a claim for damages or one of the
causes of action, the amount of such claim shall be considered in
determining the jurisdiction of the court.