DLSU CivPro2015 Meeting1 Updated

8/10/2019 DLSU CivPro2015 Meeting1 Updated

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Atty. Rosario Olivas-GalloDLSU College of Law

Civil Procedure


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Meeting 1: An Overview


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Rules of Court, from Rule 1 to Rule 61 Supreme Court decisions

Willard B. Riano, CIVIL PROCDURE, BAR LECTURES

SERIES, Volumes 1 and 2

References


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Recitations (1/3)Mid-term exam (1/3)

Final exam (1/3)

Grading system


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Civil Procedure (Ordinary civil actions

and provisional remedies)- this subject

Special Civil Actions

Provisional Remedies Special Proceedings

Criminal Procedure Evidence

This is part of remedial law


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Remedial law 20%

Political law & international law 15%

Civil law 15% Mercantile law 15% Criminal law 10%

Labor & social legislation 10% Taxation 10% Legal ethics and practical exercises 5%

Bar exam


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Alternative dispute resolution Trial Demurrer to evidence

Judgment Post-judgment remedies Remedies after judgment becomes

final and executory Execution and satisfaction of

judgments Provisional remedies: Preliminaryattachment, replevin, receivership,support pendent lite

Jurisdiction and venue Actions, Causes of Action

Parties

Pleadings and Motions Summons Proceedings after service of

summons

Dismissal of actions Pre-trial Modes of discovery

Coverage of Civil Procedure


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COMPLAINT(Plaintiff) SUMMONS(upon Defendant) ANSWER(upon Defendant)

Simplified flowchart

PRE-TRIAL

(PMC, JDR)

TRIAL

Plaintiffs evidenceDefendants evidence

JUDGMENT

APPEAL or

RECONSIDERATIONM/NEW TRIAL

PETITION

FOR RELIEFor TOANNUL JUDGMENT

EXECUTION

OF JUDGMENT


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General principles


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Procedure forprotection and enforcement of rights,

prevention or redress of a wrong

Concept of remedial law


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An action by which one party sues another for theenforcement or protection of a right, or the prevention or

redress of a wrong (Rule 1, Section 3a)

Definition: civil action


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Remedial law = How

System; procedure to protect and enforce rights; prevent and redress wrongs

Substantive law = What

Creates, defines and regulates rights and dutiesconcerning life, liberty and property

Procedural v. Substantive law


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Main set of rules governing remedial law Promulgated by Supreme Court Strictly speaking, NOT laws Have force and effect of law, because promulgated

pursuant to substantive law

Rules of Court


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General rule - Prospective Applicable to pending cases?

General rule - Yes Exceptions Statute provides Vested rights would be impaired

Not feasible; would work injustice Due process, or impair independence of courts(READ: Tan v. Court of Appeals, 373 SCRA 524)

Prospective application


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General rule: all actions, all courts Exceptions (Rule 1, Sec. 4)

a) Election cases b) Land registration cases c) Cadastral cases d) Naturalization cases

e) Insolvency proceedings f) Administrative bodies - re rules of evidence g) Labor cases

Applicable actions / proceedings


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a) Ordinary civi actions (Rules 1-56) - this class b) Provisional remedies (Rules 57-61)- this class c) Special civil actions (Rule 62-71)- another subject at

DLSU COL

Scope of civil procedure


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1) Simplified and inexpensive procedure for speedydisposition of cases2) Uniform for courts of the same grade3) Not diminish, increase, modify substantive rights

Constitution, Art. VIII

Limitations on rule-making power

of Supreme Court


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Rule 1, Sec. 6 - Rules liberally construed - to promote just,

inexpensive, speedy disposition of actions andproceedings Litigation - not a game of technicalities (Alonso v. Villamor,

16 Phil. 315)

Not an excuse for violating rules with impunity (Republic v.Kenrick Dev. Corp. 498 SCRA 220)

Liberal construction


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1. When rigid application would result in manifest failure ormiscarriage of justice

2. Interest of substantial justice3. When resolution of motion is addressed solely to the sounddiscretion of the judge4. When injustice to the adverse party is not commensurate to

the degree of his thoughtless in not complying withprocedure (Vette Industrial v. Sui Soan Cheng, 509 SCRA532)

When liberally construed


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1. Liberal in setting aside default orders so case will be triedon the merits (Lorbes v. CA, 351 SCRA 716)

2. Filing notice of appeal one day late because counsel

suffered from diarrhea for several days and could not leavethe house - allowed (Samala v. CA, 363 SCRA 535)

Some cases


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3. Petition filed one day late because secretary forgot to leave

instructions for its filing, as her kids were sick and she had tobring them to the doctor (Heirs of Rodolfo Crisotomo v.Rudex, Aug. 24, 2011)

4. Appellants brief was filed 9 days late because of honestmistake (Aguam v. CA, 332 SCRA 784)


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Courts of law and equity (NB: SC Bar syllabus)

Court of equity - justice according to basic tenets offairness

NCC Art. 9 Courts should not decline to render judgment

despite the silence, obscurity or insufficiency of the laws. Equity does not apply when here is an applicable law

Nature of Philippine Courts


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If SC, CA and RTC have jurisdiction, go to the RTC first;then to CA. SC is the court of last resort. Reason: Do not burden SC with task for deciding cases

which other courts can pass upon

Example of cases: Certiorari, prohibition, mandamus

Principle of judicial hierarchy


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Nature and importance of the issue, as set forth in thepetition (Cruz v. Gingoyon, Sept. 28, 2011)

When principle of judicial hierarchy

may be disregarded (BAR)


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Courts of equal and coordinate jurisdiction cannotinterfere with each others orders

Same with administrative bodies

Doctrine of non-interference or of

judicial stability (BAR)


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Constitutional court

Supreme Court (no other) Statutory courts

All courts

Sandiganbayan - created by law pursuant toconstitutional mandate

Constitutional and statutory courts


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Supreme Court Court of Appeals Regional Trial Court

Municipal / Metropolitan Trial Courts

Superior courts and inferior courts


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Courts of general jurisdiction

Can take cognizance of all cases

Courts of special jurisdiction

Limited subject matters Ex: Cadastral, tax

Courts of general and special

jurisdiction


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Original Where case is brought at the first instance

Appellate Court which reviews decisions of lower courts

Ex: SC appellate; original for cases affecting ambassadors,public ministers, consuls; and original for certiorari,prohibition and mandamus cases

Original and appellate jurisdiction


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Only that particular court can handle a particular case tothe exclusion of other courts

Ex: Forcible entry and unlawful detainer cases

MTCs - original and exclusive jurisdiction

Exclusive jurisdiction


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Coordinate jurisdiction Different courts can take cognizance of the same subject

matter Ex: Certiorari, prohibition, mandamus

Original and concurrent jurisdiction among SC, CA andRTC

Concurrent jurisdiction


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Court - tribunal assembled under authority of law Judge - the officer of that tribunal

Court distinguished from judge


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Ordinary civil action

Cause of action: ROVID Right of plaintiff Obligation of defendant Violation of that right, which causes ->

Injury or Damage

Cause of action


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Hypothetical situation: Client consults you and wants to

sue someone for a sum of money.

Is there a right of action? A cause of action? Which court has jurisdiction? Where is the venue? Who

are the parties? Has the claim prescribed? What are theconditions precedent to filing?

Basic framework of ordinary civil

actions


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Lawyer prepares complaint Lawyer files complaint, pays the filing or docket fees Summons is served upon the defendant Defendant files an answer, or may ask for a bill of

particulars before filing answer


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Pre-trial Preliminary conference Mediation Juridicial dispute resolution (JDR)

Pre-trial proper


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Trial Judgment Post-judgment remedies

Execution and satisfaction of judgments


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Chapter 2, Jurisdiction and venue Assigned cases will be posted on FB

NEXT MEETING

(Meeting 2, Week 2)

Documents

DLSU CivPro2015 Meeting1 Updated