ARM NOTES IN CIVIL PROCEDURE 2015

BASIC CONCEPTS IN REM LAW

25. Application of the Rules in

Impeachment Trial
The Rules of Evidence and procedure
shall be applied liberally and whenever they
are practicable in Impeachment Trial

19. What are the kinds of actions under

the rules?
1. Civil action;
2. Criminal action;
3. Special Proceeding.

26. Application of Rules of Court in Civil

Forfeiture, Assets Preservation, and
Freezing of Monetary Instrument, Etc.
S1 Title I of A.M. 05-1104: The Revised
Rules of Court shall apply suppletory when
not inconsistent with the provisions of this
special rules

20. What are the kinds of civil actions

under the rules?
1. Ordinary Civil Action;
2. Special Civil Action;
3. Actions under the Rules on Summary
Procedure

27. Application of Rules of Court in

Labor Cases
S3 R1 of NLRC Rules of Procedure: In the
absence of any applicable provision in these
Rules, and in order to effectuate the
objectives of the Labor Code, the pertinent
provisions of the Rules of Court of the
Philippines may, in the interest of
expeditious dispensation of labor justice and
whenever practicable and convenient, be
applied by analogy or in a suppletory
character and effect.

21. What are the distinctions between

civil action, criminal action and special
proceedings under the rules?
A civil action is one by which a party sues
another for the enforcement or protection of
a right or prevention or redress of a wrong.
A criminal action is one by which a states
prosecutes a person for an act or omission
punishable by law.
A special proceeding is a remedy by which
a party seeks to establish a status, right or
particular fact.

28. Applicability of Rules of Procedure

for Small Claims cases
The Rules of Civil Procedure shall apply
suppletorily insofar as they are not
inconsistent with this Rule.

22. Coverage of Civil Procedure?

a. Ordinary Rules on Civil Action (R 1-56)
b. Provisional Remedies (R 57-61)
c. Special Civil Action (R 61-72)
23. In what case the Rules of Court will
not apply?
a. Election cases
b. Land Registration Cases
c. Cadastral Proceedings
d. Naturalization Proceedings
e. Insolvency Proceedings
f. Other cases not mentioned in S4R1
g. Labor cases
h. Impeachment Cases
24. Suppletory application of Rules of
Court
The provisions in the ROC will be made to
apply only where there is an insufficiency in
the applicable rule

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6. Special or limited- One which restricts

the courts jurisdiction only to particular
cases and subject to such limitations as
may be provided by the governing law.
Example: Probate Proceedings
Courts of Special Jurisdiction:
a. Sandiganbayan
b. CTA
c. Shariah District Court
d. RTC
e. Family Court
f. Shariah Circuit Court
g. MeTC, MuTC, MCTC
7. Original- power of the court to take
judicial cognizance of a case instituted for
judicial action for the first time under the
conditions provided by the law.
Courts with Original Jurisdiction:
a. SC
b. CA
c. Sandiganbayan
d. RTC
e. Shariah District/Cicuit Courts
f. MTCs
8. Exclusive- power to adjudicate a case or
proceeding to the exclusion of all others at
that stage
9. Exclusive and Original- the power of the
court to take judicial cognizance of a case
instituted for the first time under the
conditions provided by law and to the
exclusion of all other courts.
Courts with Exclusive and Original
Jurisdiction:
a. SC
b. CA
c. Sandiganbayan
d. RTC
e. Shariah District/Cicuit Courts
f. MTCs

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III. Basic Concept on Venue

3. Venue in Civil Cases vs Criminal
Cases
Venue in Criminal Cases

Venue in Civil Cases

Venue is jurisdictional

Venue is procedural and

for the purposes of
convenience of the parties
It is conferred by the It is agreed upon by the
provision of law
parties
Improper venue is a Improper venue can be
ground for a motion to the subject of motion to
quash the complaint or dismiss
based
on
information on the ground improper venue
of lack of jurisdiction
In case of denial of motion In case of denial of
to quash on ground of lack motion to dismiss on the
of jurisdiction over the
ground of improper venue
offense charged the
is to file the answer with
remedy is to proceed with
the remaining balance of
the arraignment.
the period to file a
responsive pleading, but in
no case less than 5 days
and raised the ground as
an affirmative defense,
proceed with the trial and
in case of adverse
decision appeal the same.

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IV. COMMENCEMENT OF A CIVIL

ACTION
1. How to commence a civil action?
A Civil Action is commenced by the filing of
the original complaint with the court plus the
payment of a corresponding docket and
other legal fees.
2. When is a small claim action
deemed commenced?
In small claims cases, it can be commenced
by filing with the court an accomplished
Verified Statement of Claim in duplicate and
accompanied by a Certificate of Non-forum
Sopping and 2 duly certified photocopies of
actionable document as well as the
affidavits of witnesses and other evidence to
support the claim and the payment of
docket and other legal fees unless allowed
to sue as an indigent
3. Effect of filing of complaint in
court tolls the running of the
prescriptive period
Art. 1155. The prescription of actions is
interrupted when they are filed before the
court, when there is a written extrajudicial
demand by the creditors, and when there is
any written acknowledgment of the debt by
the debtor.

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V. Liberal Construction of the Rules

4. Rules of evidence and procedure
shall be liberally construed in
Impeachment Trial Cases
Art VI Rules of Impeachment Trial. Rules of
evidence and procedure shall be liberally
construed.
5. Power of the Supreme Court to
suspend
its
own
rules
discretionary:
Grounds for
suspension
The courts have the power to relax or
suspend technical or procedural rules or to
except a case from their operation when
compelling reasons so warrant or when the
purpose of justice requires it.
Other Grounds:
a. The existence of special or
compelling circumstance
b. The merits of the case
c. A cause not entirely attributable to
the fault or negligence of the party
favored by the suspension of the
rules
d. A lack of showing that the review
sought is merely frivolous and
dilatory
e. The other party will not be unjustly
prejudiced thereby.

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CHAPTER II
A. CONSTITUTIONAL PROVISION
1. Expanded Definition of Judicial
Power and Its Coverage
A8 S1. The judicial power shall be vested
in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch
or
instrumentality
of
the
Government.
2. Due Process Law
A3 S1. No person shall be deprived of life,
liberty, or property without due process of
law.
3. Equal Protection of the Laws
A3 S1. Nor shall any person be denied
the equal protection of the laws.
4. Right to Eminent Domain
A3 S9. Private property shall not be taken
for public use without just compensation
5. Right to Speedy Trial
A3 S16. All persons shall have the right to
a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative
bodies.
6. Power of the Congress to Enact
Laws Affecting the Jurisdiction of
the Supreme Court
A6 S30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.

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Chapter IV
Katarungnang Pambarangay Law

grounds apparent therefrom

dismissal of a civil action.

9. What are the effects of non-referral of

the case with the Barangay?
It is well-settled that the non-referral of a
case for barangay conciliation when so
required under the law is not jurisdictional in
nature and may therefore be deemed
waived if not raised seasonably in a motion
to dismiss.

d. Dismissal of the case for noncompliance with barangay under

the
Rules
on
Summary
Proceedings? Remedy?
Sec. 18. Referral to Lupon. Cases
requiring referral to the Lupon for
conciliation under the provisions of
Presidential Decree No. 1508 where there
is no showing of compliance with such
requirement, shall be dismissed without
prejudice and may be revived only after
such requirement shall have been complied
with.
This provision shall not apply to
criminal cases where the accused was
arrested without a warrant.

10. Non-compliance with barangay

conciliation, a ground for a Motion
Dismiss for failure to comply with the
condition precedent
A16 S1. Grounds.- Within the time for but
before filing the answer to the complaint or
pleading asserting a claim, motion to
dismiss may be made on any of the
following grounds:
(j) That a condition precedent for filing the
claim has not been complied with.

for

the

e. What is the nature of the

dismissal for non-compliance
with barangay conciliation
Dismissal of the case for failure to refer to
barangay is without prejudice and cannot be
revived by motion after it becomes final.

a. What is the nature of dismissal?

The dismissal of the case for failure to
comply with the condition precedent of nonreferral of the case to the barangay for the
purpose of conciliation is without prejudice.

f.

What is the remedy in case of

dismissal?
(1) It may be revived by motion within
fifteen day period from the notice of
order
of
dismissal
after
such
requirement has been complied with
(2) Compliance with the rule and re-filing of
the case.

b. What is the remedy of the plaintiff/

claiming party?
(1) Before the finality of the order of
dismissal, comply with the requirements and
motion to revive;
(2) After the order of dismissal becomes
final and executory, re-file the case after
compliance with the condition precedent

11. Effect of Amicable Settlement at the

Barangay Level
An amicable settlement shall have the
force and effect of a final judgment of the
court upon the expiration of 10 days from
the date thereof, unless repudiation of the
settlement has been made or a petition to
nullify the award has been filed before the
proper court

c. Motu proprio dismissal of the

case for failure to comply with the
barangay conciliation under the
Rules on Summary Procedure
Sec. 4. Duty of court. After the court
determines that the case falls under
summary procedure, it may, from an
examination of the allegations therein and
such evidence as may be attached thereto,
dismiss the case outright on any of the

12. Amicable Settlement has the force

and effect of law: Ground for repudiation
of amicable settlement
The amicable settlement executed by the
parties before the Lupon on the arbitration
award has the force and effect of a final
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judgment of a court upon the expiration of

10 days from the day thereof, unless the
settlement is repudiated within the period
therefor, where the consent is vitiated by
force, violence or intimidation, or a petition
to nullify the award is filed before the proper
city or municipal court. The repudiation of
the settlement shall be sufficient basis for
the issuance of a certification to file a
complaint.

(c) Suspension of prescriptive period of

offenses - While the dispute is under
mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause
of action under existing laws shall be
interrupted upon filing the complaint with
the punong barangay. The prescriptive
periods shall resume upon receipt by the
complainant of the complainant or the
certificate of repudiation or of the
certification to file action issued by the
lupon or pangkat secretary: Provided,
however, That such interruption shall not
exceed sixty (60) days from the filing of the
complaint with the punong barangay.
(d) Issuance of summons; hearing;
grounds for disqualification - The pangkat
shall convene not later than three (3) days
from its constitution, on the day and hour
set by the lupon chairman, to hear both
parties and their witnesses, simplify issues,
and explore all possibilities for amicable
settlement. For this purpose, the pangkat
may issue summons for the personal
appearance of parties and witnesses before
it. In the event that a party moves to
disqualify any member of the pangkat by
reason of relationship, bias, interest, or any
other similar grounds discovered after the
constitution of the pangkat, the matter shall
be resolved by the affirmative vote of the
majority of the pangkat whose decision
shall be final. Should disqualification be
decided upon, the resulting vacancy shall
be filled as herein provided for.
(e) Period to arrive at a settlement - The
pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15)
days from the day it convenes in
accordance with this section. This period
shall, at the discretion of the pangkat, be
extendible for another period which shall
not exceed fifteen (15) days, except in
clearly meritorious cases.

13. What are the rules of venue of

referral of the case to the barangay?
LGC Section 409. Venue. (a) Disputes between persons actually
residing in the same barangay shall be
brought for amicable settlement before the
lupon of said barangay.
(b) Those involving actual residents of
different barangays within the same city or
municipality shall be brought in the
barangay where the respondent or any of
the respondents actually resides, at the
election of the complaint.
(c) All disputes involving real property or
any interest therein shall be brought in the
barangay where the real property or the
larger portion thereof is situated.
14. Procedure for amicable settlement
LGC Section 410. Procedure for Amicable
Settlement. (a) Who may initiate proceeding - Upon
payment of the appropriate filing fee, any
individual who has a cause of action against
another individual involving any matter
within the authority of the lupon may
complain, orally or in writing, to the lupon
chairman of the barangay.
(b) Mediation by lupon chairman - Upon
receipt of the complaint, the lupon chairman
shall within the next working day summon
the respondent(s), with notice to the
complainant(s) for them and their witnesses
to appear before him for a mediation of their
conflicting interests. If he fails in his
mediation effort within fifteen (15) days from
the first meeting of the parties before him,
he shall forthwith set a date for the
constitution of the pangkat in accordance
with the provisions of this Chapter.

15. Actions of the court in case of noncompliance

with
the
conciliation
proceedings
A case filed in court without compliance
with prior Barangay conciliation which is a
pre-condition for formal adjudication may be
8

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dismissed upon motion of defendants, not

for lack of jurisdiction of the courts but for
failure to state a cause of action or
prematurity, or the court may suspend
proceedings upon petition of any party
under S1 R21 of ROC and refer the case
motu proprio to the appropriate barangay
authority, applying by analogy S 408(g), 2 nd
par of Revised Katarungang Pambarangay
Law.

16. Lack of conciliation process does not

affect the jurisdiction of the court once it
acquires jurisdiction over the subject
matter and defendant
The conciliation process is not a
jurisdictional requirement, so that noncompliance therewith cannot affect their
jurisdiction which the court has otherwise
acquired over the subject matter or over the
person of the defendant.