Civil Procedure

Atty. Rosario Olivas-Gallo

DLSU College of Law

Meeting 1: An Overview

References

Rules of Court, from Rule 1 to Rule 61

Supreme Court decisions

Willard B. Riano, CIVIL PROCDURE, BAR LECTURES

SERIES, Volumes 1 and 2

Grading system

Recitations (1/3)

Mid-term exam (1/3)

Final exam (1/3)

This is part of remedial law

Civil Procedure (Ordinary civil actions

and provisional remedies)- this subject

Special Civil Actions

Provisional Remedies
Special Proceedings
Criminal Procedure
Evidence

Bar exam

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%

Coverage of Civil Procedure

Alternative dispute resolution

Summons

summons

Execution and satisfaction of

Jurisdiction and venue

Actions, Causes of Action

Parties

Pleadings and Motions

Proceedings after service of
Dismissal of actions
Pre-trial

Modes of discovery

Trial

Demurrer to evidence
Judgment

Post-judgment remedies

Remedies after judgment becomes

final and executory
judgments

Provisional remedies: Preliminary

attachment, replevin, receivership,

support pendent lite

Simplified flowchart
COMPLAINT
(Plaintiff)

JUDGMENT

SUMMONS

(upon Defendant)
TRIAL

Plaintiffs evidence

Defendants evidence
APPEAL or

RECONSIDERATION
M/NEW TRIAL

PETITION
FOR RELIEF
or TO
ANNUL JUDGMENT

ANSWER

(upon Defendant)
PRE-TRIAL

(PMC, JDR)
EXECUTION

OF JUDGMENT

General principles

Concept of remedial law

Procedure for

protection and enforcement of rights,

prevention or redress of a wrong

Definition: civil action

An action by which one party sues another for the

enforcement or protection of a right, or the prevention or

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

Procedural v. Substantive law

Remedial law = How

System; procedure to protect and enforce rights;

prevent and redress wrongs

Substantive law = What

Creates, defines and regulates rights and duties

concerning life, liberty and property

Rules of Court

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

Prospective application

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)

Applicable actions / proceedings

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

Scope of civil procedure

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

Limitations on rule-making power

of Supreme Court
1) Simplified and inexpensive procedure for speedy
disposition of cases

2) Uniform for courts of the same grade

3) Not diminish, increase, modify substantive rights

Constitution, Art. VIII

Liberal construction

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

inexpensive, speedy disposition of actions and
proceedings

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)

When liberally construed

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

2. Interest of substantial justice

3. When resolution of motion is addressed solely to the sound

discretion of the judge

4. When injustice to the adverse party is not commensurate to

the degree of his thoughtless in not complying with

procedure (Vette Industrial v. Sui Soan Cheng, 509 SCRA

532)

Some cases
1. Liberal in setting aside default orders so case will be tried
on 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 leave
the house - allowed (Samala v. CA, 363 SCRA 535)

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

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

4. Appellants brief was filed 9 days late because of honest

mistake (Aguam v. CA, 332 SCRA 784)

Nature of Philippine Courts

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

NCC Art. 9 Courts should not decline to render judgment

Court of equity - justice according to basic tenets of

fairness

despite the silence, obscurity or insufficiency of the laws.

Equity does not apply when here is an applicable law

Principle of judicial hierarchy

If SC, CA and RTC have jurisdiction, go to the RTC first;

Reason: Do not burden SC with task for deciding cases

then to CA. SC is the court of last resort.

which other courts can pass upon

Example of cases: Certiorari, prohibition, mandamus

When principle of judicial hierarchy

may be disregarded (BAR)

Nature and importance of the issue, as set forth in the

petition (Cruz v. Gingoyon, Sept. 28, 2011)

Doctrine of non-interference or of
judicial stability (BAR)

Courts of equal and coordinate jurisdiction cannot

Same with administrative bodies

interfere with each others orders

Constitutional and statutory courts

Constitutional court

Statutory courts

Supreme Court (no other)

All courts

Sandiganbayan - created by law pursuant to

constitutional mandate

Superior courts and inferior courts

Supreme Court

Court of Appeals

Regional Trial Court

Municipal / Metropolitan Trial Courts

Courts of general and special

jurisdiction

Courts of general jurisdiction

Can take cognizance of all cases

!

Courts of special jurisdiction

Limited subject matters

Ex: Cadastral, tax

Original and appellate jurisdiction

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

Exclusive jurisdiction

Only that particular court can handle a particular case to

Ex: Forcible entry and unlawful detainer cases

the exclusion of other courts

MTCs - original and exclusive jurisdiction

Concurrent jurisdiction

Coordinate jurisdiction

Ex: Certiorari, prohibition, mandamus

Different courts can take cognizance of the same subject

matter

Original and concurrent jurisdiction among SC, CA and

RTC

Court distinguished from judge

Court - tribunal assembled under authority of law

Judge - the officer of that tribunal

Cause of action

Ordinary civil action

Cause of action: ROVID

Right of plaintiff

Obligation of defendant

Violation of that right, which causes ->

Injury or
Damage

Basic framework of ordinary civil

actions

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 the
conditions precedent to filing?

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

Pre-trial

Preliminary conference
Mediation

Juridicial dispute resolution (JDR)

Pre-trial proper

Trial

Judgment

Post-judgment remedies

Execution and satisfaction of judgments

NEXT MEETING
(Meeting 2, Week 2)

Chapter 2, Jurisdiction and venue

Assigned cases will be posted on FB