Remedial Law

- is not a law, they are set of rules promulgated by the Supreme Court.
- So, it is not a substantive law but a procedural law.
- The rules which prescribe the procedure for the protection and
enforcement or obtains arising from rights, duties which are created by
law.
- Ex: Civil Procedure, Criminal Procedure, Evidence

Substantive Law
- which refines and regulates rights and duties concerning life, liberty
and property.
- Ex: Criminal Law, Political Law, Civil Law

Example: Jose stabbed to death Juan confined with treachery. (That

becomes murder because treachery is a qualifying circumstance.)

How do you penalized murder? – that is define in Revised Penal Code.

How will you prosecute the crime for murder? – that is remedial law.
How will you present evidence? – that is remedial law.
How will you present your witnesses to prove evidence? – that becomes
evidence.

Rules of Court – as a whole, has reference to the body of rules governing

pleading, practice and a procedure which are promulgated only by the
Supreme Court pursuant to its rule-making powers under the Constitution.

So, it is only the Supreme Court as its rule making power can make or define
how to practice law. Congress cannot amend the rules of procedure, that is
meant for the supreme court. However, even if it only a rule promulgated by
the Supreme Court, they have the force and effect of law.

Rules of Court are not penal in nature, so they cannot be given retroactive
effect.

Before, when the judgment is rendered by the court and the losing party
wants to appeal, he is given 15 days of receipt of the judgment in a civil case
or from promulgation of judgment in a criminal case to file a notice of
appeal, within the 15-day period, the losing party can file a motion for recon.
(old rule, old law)
Example: On the first day the party received the copy of the decision, on
the 10th day after receipt he files a motion for recon. The 15-day period is
stopped. Let’s say one month comes up with the order, denying the motion
for recon. Under the old law, the losing party is only given the remaining
days to file his notice of appeal. Under the new rule, enunciated in Neypes
vs. Court of Appeals, the losing party is given a fresh 15 days to file his
notice of appeal from receipt of the order denying his motion for
reconsideration.

Under Article 8, Section 5 of __ Constitution, the Supreme Court has the

constitutional power to promulgate rules concerning __ practice and
procedure.

Liberal Construction of Rules.

- For example, you file an answer way beyond the reglementary period
(from the receipt of the complaint, the defendant is given 30 days to
file his answer) and sometimes lawyers file it beyond the 30-day
period, normally, your answer is taken off the records and you are
declared in default but if you have a good reason why you failed to file
your answer on time, the court will liberally construed it and allow your
answer, only if you have a good reason.

- The rules were relaxed so the ends of the justice be better served,
where technicalities or procedural are not in effect. However, the
general rule is that procedural rules must not be ignored, it has to sue
a party. A relaxation in the application of rules was not intended to
forge a bastion for erring litigants to violate the rules with impunity.
(Republic of the Philippines vs. Kenrick, 498 SCRA, 220). Compliance
with the procedural law is the general rule, exception: legal
construction only in the interest of justice.

Different Courts

The judicial power of the Constitution is vested only in one constitutional

court – that is the Supreme Court, all other courts are creations of law.

Doctrine of Hierarchy of Courts/Principle of Judicial Hierarchy – all

courts have concurrent jurisdiction over a subject matter, a party cannot just
file a case before any court he chooses, he must follow the principle of
judicial hierarchy.

For example, in order for the law to be declared as unconstitutional, the

Supreme Court, Court of Appeals and RTC have concurrent jurisdiction. (You
cannot go directly to SC, start from RTC then appeal to CA then to SC – start
from below)

Concurrent or Coordinate Jurisdiction – that which exercised by two

different courts at the same time

Doctrine of Non-Interference/Doctrine of Judicial Stability – which

means courts that have equal jurisdiction cannot interfere with each other.
 - For example, a case for murder is filed before RTC Branch 1. Then the
accused applied for petition of bail, but the judge in RTC Branch 1
denied the petition, the accused cannot appeal to branch 5 to revise
the decision of branch 1. The branch 5 has no jurisdiction to revise the
decision of branch 1.

Supreme Court – the constitution creates the SC, thus a constitutional

court.

Sandiganbayan
- constitutionally mandated court.
- Jurisdiction: try and hear cases of civil and criminal committed by
public officials provided that it is in relation to their office.

Statutory courts (other courts)

- Created by statutes (creations of legislature)
- BP 129 – created the Court of Appeals, RTC, Metropolitan, Municipal.
- RA 1125 as amended by RA 9282 – created the Court of Tax Appeals
- RA 8639 – created the family courts.

Court of original jurisdiction – court where the parties first filed the case.
Appellate Court – any court that has appellate jurisdiction.
ALL courts are COURTS OF RECORD. – that means that all proceedings in a
court is put down to record.

Court of general jurisdiction – a court with competence to decide on their

own jurisdiction and take cognizance of all other cases whether civil, criminal
or any particular case.
- For example, RTC – because except those cases which are cognizable
by the MTC, all other cases are filed with the RTC.

Family court
- because this is only the court that deals with crimes or civil cases,
within the family, houses, children and women. (General jurisdiction)
- court of limited jurisdiction (only for a particular purpose)

Supreme Court
- One chief justice and 14 associate justices.

Second judicial region – Batanes, Cagayan, Isabela, Apayao, Kalinga, Nueva

Vizcaya and Quirino.

Third Judicial Region – Bataan. Bulacan, Pampanga, Tarlac, Zambales,

Olongapo. NCR
Each town has a metropolitan trial court. In Tuguegarao, since we are a city
we called it Metropolitan Trial Court in Cities (MTCC)

Metropolitan Circuit Trial Courts – two towns share one court.

Sandiganbayan – created by PD 1486 as amended by PD 1606.

JURISDICTION
- This is the power or authority to try, hear and decide a case. This is the
authority of court to entertain a particular kind of action and
administer a particular kind of relief.

WHY JURISDICTION IS IMPORTANT?

- This is important because if a case is heard and tried by a court
without jurisdiction, it is as if the court did not try anything. All
proceedings are rendered null and void.

Ejectment Cases – original exclusive jurisdiction is with the MTC.

(regardless of amount or value of the property) (If it is filed with the RTC, the
RTC will dismiss the case and the parties will re-file it in MTC)

Original Jurisdiction – hear and decide a case for the very first time with
the conditions provided by law.

Appellate Jurisdiction – authority of courts higher in rank to re-examine

the decision or judgment of the lower court.

Exclusive Jurisdiction – a power to adjudicate a case or proceeding with

the exclusion of all other courts. (Example: BP 22, Bouncing Check
regardless of amount – MTC)

Venue – is a place where you file your case/complaint.

Ex: Juan stabbed to death Pedro in Tuguegarao. – file it in RTC Tuguegarao.

Even if you file it in correct court (jurisdiction) if the venue is wrong, it will be
dismissed.

The crime is committed in Aparri, then all the judges in Aparri inhibited, also
in Sanchez Mira. Then it can be filed in Tuguegarao. Is Tuguegarao a correct
venue? General rule, no, but all the judges in Aparri have inhibited so it may
be filed in Tuguegarao.

VENUE can be WAIVED; JURISDICTION cannot be WAIVED.

Jurisdiction is fixed by law, it cannot be conferred/upon agreement by
parties. Venue may be conferred or upon agreement of the parties.

Juan stabbed to death Pedro in Tuguegarao. The fiscal filed a case before the
RTC Tuao. If you were the counsel of the accused, what is your remedy?
- Before arraignment, file a motion to quash the information in the
ground of wrong venue not the jurisdiction.

Jurisdiction is not the power of the judge; it is the authority of the court.

How does a court acquire jurisdiction?

- In civil cases, the moment the plaintiff files his complaint before the
court, the court acquires jurisdiction over the plaintiff.
- For defendant, upon receipt of the complaint, the court will issue
summons attaching the complaint and the defendant will file an
answer within 30 days of the receipt. The moment the defendant files a
responsive pleading (answer), the court acquires jurisdiction over the
defendant.

In filing a motion to dismiss (civil cases) motion to quash (criminal cases),

the counsel should include the phrase like “my client is not placing himself
under the jurisdiction of the court bur rather just filing a motion to dismiss
because the court has no jurisdiction” in that case, the court will not acquire
jurisdiction over the defendant, however if without those statements but you
just file a simple motion to dismiss or motion to quash then the defendant
voluntarily places himself to the jurisdiction of the court.

The issue of jurisdiction must be raised at the earliest possible time, however
it can also be raised first time in appeal. Is there an exception? Yes, the case
of Tijam vs. Sibonghanoy.

When a party joins the proceedings without questioning (the jurisdiction) and
it went up to the appellate court and the judgment became final then the
losing party raised an issue of wrong jurisdiction. The SC applied the
principle of estoppel by latches. (exception to the rule because the general
rule is that questions in jurisdiction can be raised even for the first time in
appeal.) Tijam vs. Sibonghanoy.

Estoppel by latches can be invoked to bar the lack of jurisdiction.

What are the aspects of Jurisdiction?

1) Jurisdiction over the parties
2) Jurisdiction over the subject matter
3) Jurisdiction over the issues raised
4) Jurisdiction over the thing or the res
Jurisdiction over the parties:
Plaintiff – the moment he files a complaint
Defendant – the moment he files an answer, or simple motion like motion for
extension to file an answer
Exception?
If the defendant files an answer alleging that the court has no
jurisdiction, the court will not acquire jurisdiction over the defendant.

Jurisdiction over the subject matter is conferred by law, not the parties.

If a complaint is file with the court that has no jurisdiction, the recourse of
the court is to dismiss the case. The court/judge cannot order the remanding
of the case because it has no jurisdiction, but only to DISMISS.

Jurisdiction over the issue raised is that alleged in the complaint (pleadings
filed by the plaintiff)
- Example: Let’s say you own this land, then you lend it to your best
friend. Then your best friend started to have acts of ownership over the
property like building a house, fence. And then you say “I already need
the property, return it to me” and your best friend refuses and he said
that he owns the property You file accion publiciana, recovery of
possession (hindi ownership kasi nakapangalan sa’yo eh), you have to
allege in your complaint the acts why you claim ownership to the land,
possession and why you’re entitled to it. In the defense of the
defendant, he said that he owned the property because he bought it to
the plaintiff’s parents, but not yet titled.
First issue: Who owns the land?
Second issue: Who has the better right over the property?
Third issue: Is the accion publiciana is the correct action?

Two kinds of pleading:

1) Complaint
2) Answer
All the rest, motion.

General: Jurisdiction shall be determined only by the allegations in the

complaint.
Exception: The moment the defendant alleges tenancy in his answer. The
court will dismiss the case.

For example: A complaint was filed against Mr. D. the court issued summons
against Mr. D. The latter received the summons and copy of complaint but
did not file his answer. If you were the counsel of plaintiff, what would you
do? – file a motion to declare the defendant in default.
If summons is properly served, even if the defendant fails to answer, even
declared in default, the court acquires jurisdiction when summons is properly
served.

That is why for example, ejectment case, Mr. A files an ejectment case
against Mr. B, the case is filed with the MTC, the MTC issues summons
against the defendant, the latter receives the summons but did not answer.
The plaintiff files a motion to declare the defendant in default, the court
grants the motion and declares the defendant in default. Then the court
allows the plaintiff to present evidence ex-parte and granted the plaintiff’s
ejectment. Can the court order the defendant to leave the premises? – YES, if
summons are properly served over the defendant, the court will acquire
jurisdiction.

The requirement of filing an appeal within the reglementary period is

jurisdictional.

Failure to pay filing fee (appeal) is jurisdictional.

Estoppel by Latches (Tijam vs. Sibonghanoy) – applies only on exceptional

circumstances.

Jurisdiction over the thing or res – it refers to the jurisdiction of the court over
the property.
How does the court acquire jurisdiction over the res?
- If the court orders a seizure
Example: For dangerous drugs, violation of RA 9165. Before the
case starts. the court will order the seizing officer to surrender the
drugs that in his possession to the court. In this case, the court will
acquire jurisdiction over the thing.

Exclusive original jurisdiction – siya lang ang magdedesisyon, wala ng iba.

(‘yong copy/outline niya ng jurisdiction – kasi jurisdiction na ng courts ‘tong

part na ‘to.)

The jurisdiction of the court is based only on the principal amount, excluding
the fees and interest.

Example: Andres files a case of sum of money against Jonas before the MTC
Tuguegarao, to be awarded the amount of 50,000.00. Jonas files a
counterclaim that Andres owes him the amount of 5,000,000.00. (As I said a
while ago, jurisdiction is based on the allegations of the plaintiff, not on the
answer of the defendant.)
Who has the jurisdiction? – MTC
It is true that Jonas owes Andres 50,000.00 but the court also found out that
Andres owes Jonas 5,000,000.00. If you were the judge, what would you do?
Will you act on the counterclaim?
- The judge will act on the counterclaim.
- If you were the counsel of the defendant and filed a counterclaim way
beyond the amount or in excess of a jurisdiction of the court it means
that you’re waiving the excess. Thus, you should file a separate case.
In here, you’re waving the 3,000,000.00

The plaintiff purchased a property with 4,000,000.00 which is the fair market
value based on the tax declaration, filed it with the RTC, the defendant filed
a motion to dismiss due to lack of jurisdiction. If you were the judge, what
would you do? Magbase sa assessed value.

Example: The vendor, Mr. A., sold a ___ property in installment to a vendee,
Mr. B with the agreement that the deed of absolute sale will be executed by
the vendor when the vendee will pay the whole purchase price. After the
vendee paid the purchase price, he now demands from the vendor of the
execution of the deed of absolute sale so that he can transfer the property in
his name. Let’s say the purchase price is 100,000.00, the vendor refuses to
execute the deed of absolute sale. The vendee/buyer now goes to you,
“attorney please file a case against Mr. A, because he does not want to
execute the deed of absolute sale.” You will file for specific performance
(requiring the defendant to do something what he is supposed to perform)
- Where will you file? RTC, because it is incapable of pecuniary
estimation because the plaintiff is requiring the defendant to do
something what he is supposed to perform.

Example: The plaintiff, Mr. A borrowed a money from the bank and executed
a real estate mortgage in favor of the bank of his parcel of bank. Let’s say
Mr. A did not pay his loan in the bank and so the bank foreclosed the
property. The borrower goes to you, demanding the annulment of the
foreclosure of the real estate mortgage. Where will you file?
- RTC, the complaint is for the annulment of the foreclosure, of the
document, it is not for possession of property or sum of money but the
complaint is for annulment of foreclosure. (Another example of
incapable of pecuniary estimation)

Example: The client goes to you, and request you to file a case of rescission
or annulment of deed of sale. Where will you file the case?
- RTC, because incapable of pecuniary estimation.

Example: I own a parcel of land; the assessed value is 100,000.00. I sold this
property on installment to Mr. D. Mr. D already occupied the property; he is
in possession of the property. Now, because he fails to pay in full the
purchase price. The vendor goes to you and says “attorney please file for
annulment of deed of sale with the assessed value of 100,000.00.” Where
will you file?
- RTC, because it is incapable of pecuniary estimation.

General rule: If what you’re raising is an issue of possession of, ownership of

real estate – the jurisdiction depends on the assessed value.

Example: Jose a resident of Tuguegarao, file a complaint for sum of money of

1,000,000.00 against Ben. 1,000,000.00 – principal amount, 3,000,000.00 –
moral damages, 2,000,000.00 – exemplary damages, 1,000,000.00 –
interest, filed in RTC Tuguegarao. If you were the lawyer of Ben, the
defendant what will you do? Does the RTC has the jurisdiction? None,
because in case of sum of money what is controlling is the principal amount
exclusive of interest.

When the government expropriate your property? RTC or MTC? – RTC,

because it is incapable of pecuniary estimation.

10 accused, one is minor – family court. (9 to 18 only, because if the accused

is below 9 years old, he/she has no criminal liability.)

Question of law – interpretation of law (the only matter appealable to SC, if

question of fact it will end sa Court of Appeals.)

General rule, procedural laws are not given retroactive effect, however, there
are instances that procedural law may be given retroactive effect insofar as
actions pending and undetermined at the time of their passage.

If the strict interpretation of the rules will work injustice to the parties, it is
best that the courts will liberally construe the rules.

Rules of Court is applicable to all courts, only if the SC provides an exception.

- Rules on Summary Procedure
- Rules on Small Claims Cases

What is a civil action? – one by which a party sues another for the
enforcement or protection of a right or prevention or redress of a wrong.
Example: If I am the owner of property if I need the use of that property, but
another person is occupying it, after the demand the person refuses to leave
the property. There is a wrong committed against the plaintiff, what is that
wrong? He is deprived of the use of his own property. What should he do?
File a case, that is a civil action.

Example: Your client took out a loan from a bank and mortgaged his property
as collateral, despite the payment of the obligation in time, the bank decides
to foreclose. You want to stop the foreclosure, of course, why? Because I am
(the client) updated to my bill. So, you’re going to protect your right over
your property, you’re going to prevent a wrong from being committed
against you. So, you file a complaint of injunction, to stop the foreclosure, to
compute your obligation and to seek freely __?

Ordinary Civil Actions – sum of money, damages, ejectment.

Special Civil Actions – interpleader, certiorari, prohibition, mandamus, quo

warranto, foreclosure of mortgage, partition, unlawful detainer.

Interpleader – when two parties are ready to perform in which they’re

obligated to do, but they can’t agree on how to perform it, they interplead
with each other, go to court.
Example: A, B and C are brothers. Then B died, single, no heirs. And so A and
C are claiming inheritance from the estate of B. A wants the estate to be
properly divided between them, but C said “no, because half of the property
is already sold to me.” So, what will happen?

Example: A, B and C are brothers, then B sold his property to Mr. X on

installment basis. While X was busy paying in installment, B died. A told Mr.
X that the payment of property should be divided in to two, between me and
my brother C. Then C said “no, pay it to me. Because my brother B sold his
property to me.” If you’re Mr. X, and you’re ready to pay but you don’t to
whom you will pay, file a complaint for interpleader.

Orders are not appealable, only decisions are appealable.

Motion to dismiss is not appealable, but it can be brought for review on

certiorari under Rule 45.

Decisions of RTC brought up to Court of Appeals, the CA sustains the

decision of RTC, the losing party can bring it up to Supreme Court but only
on mere questions of law and not through an ordinary appeal, but on
certiorari (Rule 65 ata)

Mandamus
- a public officer is supposed to do something but refuses to do it. (Ex:
You’re applying for business permit in the office of city mayor, you paid
all the taxes and everything, but the mayor doesn’t like your face and
he didn’t issue your business permit.)
- but if it is discretionary on the part of the public official, it is not
mandamus. (Ex: I cannot grant you your permit because in all your
other businesses, you failed to pay all your taxes.) – file for another
complaint but not mandamus.

Criminal Action
 - one which a state prosecutes a person for an act or omission
punishable by law. (Book 2 of RPC or Special Laws)
- The State/Government is the one who will file the case because they
are the real offended party because their purpose is to make the
society peaceful and the victim of the criminal case is only a witness.
- People of the Philippines vs. ____

Special Proceedings
- It is a remedy of a party to seek or establish a status, a right or a
particular fact.
- Examples: Adoption, Probate of a Will, Naturalization (RTC).

How are civil cases commenced?

- By filing a complaint (initiatory pleading) to the court, the court then
acquires jurisdiction.

Complaint
- It is an initiatory pleading, why? – because it is the first, that there
could be no answer when there is no complaint.

Two kinds of pleading:

- Complaint
- Answer
All the rest are motions.

All complaints must have a cause of action.

What are the different kinds of actions?

- Real actions
- Personal Actions
- Action in rem
- Action in personam

Real actions
- Are actions affecting title to or recovery of possession or partition or
condemnation or foreclosure of mortgage of real property.
- Any action dealing with real estate, all others are called personal
actions.

Actions in personam
- Is one filed against a definite defendant. (Example: Juan Dela Cruz vs.
Pedro Soriano)
- It is intended to subject the interest of defendant on property to an
obligation.
- In this case, the jurisdiction of the court over the person is important.
Actions in rem
- This is an action which is instituted against the whole world. (Example:
Land Registration (RTC) – you and your parents, grandparents are
occupying the public land for more than 100 years and so you apply
the registration in your name, your obligation usually is published in
official gazette. That is a notice in the entire world that you’re claiming
the property.)
- In this case, the court must acquire jurisdiction over the thing, over the
res.
- If you’re claiming a property in Tawi-tawi, and you filed the land
registration case in RTC Tuguegarao. It is wrong, you should file it in
RTC Tawi-tawi.

How do you determine the nature of an action?

- The basic rule is that the nature of an action is determined by the
allegations in the pleading or in a complaint, not the title or heading.
- Example: Juan Dela Cruz vs. Pedro Soriano, Civil Case 12345 for
Specific Performance. However, in your prayer, you’re praying that that
the property be titled in your name.)
- So, if you look in to the complaint, there is this so-called ultimate
objective test. If your ultimate objective test is to recover a real
property, then that is a real action.
- Allegations and Prayer test – read the allegations and prayer, what are
the facts alleged, what is the relief the party is praying for.

Prayer
- Is what you want the court to give or award to you.
- Wherefore…
Specific Performance
- When the plaintiff is requiring only the defendant to execute a deed of
sale, that is action in personam.

What is cause of action?

- Does it pertain to a real property? If yes, real action. In that case, the
jurisdiction will now rely on the assessed value of real property.

Incapable of Pecuniary Estimation

- The subject of civil action is incapable of pecuniary estimation if the
basic issue is something other than recovery of money or property, or
in such recovery is merely incidental to or consequence of the principal
relief. (Like specific performance, action for support, annulment of
contract) Example: H and W are husband and wife, they have a child X.
Then H and W separated, and they must support jointly their children.
Then H refuses to support their child X, then W can file for support.
 (Regardless of the amount) The subject is support, so it is incapable of
pecuniary estimation.
- Annulment of Contract (A sold his car to B in installment, so A gave the
car to B with the condition that B must pay the monthly installment.
After B received the car keys, he refused to pay the monthly
installment. – A can file cancellation of a contract.)
- Declaration of Nullity of Mortgage (regardless of amount, as long as
the subject is the annulment of mortgage)
- Annulment of Judgment.
- RTC has exclusive original jurisdiction.

Personal Action
- One which is founded on the privity of the contract.
- It is an action that seeks the enforcement of a contract to recover a
personal property or damages.
- Damages is a personal to the defendant.

Example: The plaintiff went to you and hired your services. He told you that
he took out a loan from the bank and secured the loan with real estate
mortgage over his parcel of land because he failed to pay his obligations in
time, the bank foreclosed the mortgage. The plaintiff now goes to the court
(RTC) and sues the bank for damages, for fixing the redemption period. What
is the nature of the action? – REAL ACTION, the ultimate action/test is to get
back your property, the possession, that’s why you have to fix the
redemption period.

The ultimate test is that if you have any question relating to title to or
possession of real property or recovery or in prayer, you’re trying to get back
your property – that is REAL ACTION.

Venue of the case:

Real action – where the property is located.

Pedro borrowed money from PNB, secured by real estate mortgage. Pedro is
a resident of USA. Can there be a foreclosure even if the borrower is not a
resident of the Philippines?
- Yes. In this case (foreclosure), the court must acquire jurisdiction over
the res/thing not the party.

A single act or omission can be violative of values, rights at the same time
when there is only one delict or wrong.

Example: You’re driving your car, then you fell asleep, you ran into a house,
you destroyed the house and the person inside the house got injured. There
is only one single act here, your recklessness in driving, but many offenses
are committed. Damage to property and physical injuries, if the person died,
homicide. (Single cause of action but many rights violated belonging to one
person) In this instance, there is only one single cause of action, damage to
property and physical injuries. Homicide through reckless imprudence.
(Single cause of action, two offenses committed.)