Professional Documents
Culture Documents
CH 1: OVERVIEW
Remedial Law
- Rules which prescribe the procedure for the protection and enforcement of all claims
arising from the rights and duties as created by law
- Does NOT create vested rights
- SC has the power to create, amend or alter rules
- Does not originate from the legislature therefore they are NOT laws
- SL vs. RL:
• SL: creates RIGHTS which violation gives rise to the CA
• RL: METHODS enforcing the right ands obligations created by SL to obtain redress
for the invasion of rights; provides MECHANISM
- GR: YES retroactive effect since there are no vested rights that may attach/arise
therefrom EXCEPT for pending actions and undetermined at the time of their passage
(Neypes rule)
• EXCEPT if it would
- statute itself provides that pending actions are excepted (SL/RL)
- impair VR
- not be feasible/work injustice (Jurisdiction; would not apply if maapektuhan yung
isang party)
- involve intricate problems of due process
Rule-making power of the SC
- Article 8
• Promulgate rules concerning the protection and enforcement of consti rights
• Includes the consti powers to promulgate rules concerning pleading, practice and
procedure
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• to establish new rules for a more simplified and inexpensive process and the
speedy disposition of cases
- lack of any showing that the review sought is merely frivolous and dilatory
- rights of the other party will not be unjustly prejudiced thereby
- How they should construe the rules?
• LIBERALLY, seeks to achieve a disposition of every action in a manner that is JIS
(Judicial affidavit - not effective in promoting JIS)
• only a clear showing of prima facie merit of the petition will persuade the court
to take extraordinary effort of setting aside its rules
• should be an effort on the part of the party invoking liberality to explain his
failure to abide by the rules
- In application to criminal cases
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• The more it is favorable of the accused the better, UNLESS the accused
himself manifests that he should not be subject to LI
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• AJ: when it has the power of review over the decisions of a lower court
- Original vs. Exclusive jurisdiction
• OJ: take cognizance of a case at its inception
• EJ: precludes the idea of co-existence and refers to jurisdiction possessed to the
exclusion of others
- Concurrent Jurisdiction
• power of different courts to take cognizance of the same subject matter
Ordinary civil action
- would entail the observance of civil procedure following what has been provided
under the rules
- brought about because you consider that you rights have been prejudiced by the
exercise of another's rights
Complaint
- beginning of a civil action
- Source: there is a certain cause of action arising from a SL that recognizes that
rights have been affected
• SL supplies the legal basis for CA (Breach of contract (CA) --> Provisions in
Oblicon (SA))
• In civil cases, the amount can be jurisdictional (MM: <400,000 --> RTC already)
• the filing of the complaint in the wrong court can be a ground of dismissal of the
complaint, either motion of the AP or motu proprio
- Venue
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• a complaint filed with appropriate jurisdiction run the risk of being dismissed, on
motion, if commenced in the wrong place
• plaintiff through counsel will have to look into any possible restrictive stipulations on
venue
•
- Parties
• one has to be a party in interest
- you have a certain ownership of the right that has been violated
- one who "stands to be benefited or injured by the judgement in the suit or the
party entitled ti the avails of the suit"
- Preparation of complaint
• Not designed to be a narration and an exposition of evidentiary matters but
properly a statement only of the UF which constitute a party's claim or defense
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- Before the AP has served the answer
• file notice of dismissal
• without prejudice to tis being refiled later EXCEPT if sinabi ng courts OR two
dismissal rule
• matter of right
- After the AP has served the answer
• fill motion to dismiss
• addressed to sound judicial discretion since its no longer a matter of right
• If allowed = dismissed BUT the counterclaim is not affected; without prejudice
to the right of the defendant to prosecute his counterclaim
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- Motion for bill of particulars
• Wants to be clarified on what is the basis of the complaint being filed against you
- Motion to dismiss
• lack of jurisdiction ...
Answer
- Default
• Failure of the D to file an answer will entitle the P to file a motion to declare him in
default
• Court will adjudicate the complaint by the evidences submitted by the court by the
P
• Cross claim
- DP vs DP
- Third party complaint
• A party is not the D/P but certainly has a certain kind of claim
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• Bringing in someone that is not originally a party in interest
- Reply
• when an answer has been filed by the D, the P can file a reply
- Intervention
• a third person that is not a party in the complain is involving himself in the
complaint; he is trying to join in
Trial
- Di na possible mag kaayos; P first before D
- Demurrer to evidence: If denied, you can still proceed in presenting your evidence
HOWEVER if granted and there is appeal and is reverse, it is only then that D's right
present has been waived
Judgement
- No oral judgement under the rules . It has be written, personally and directly prepared
by the judge.