November 18, 2008 Summary COA: (R2S2): the act or omission by which a party violates a right of another Elements:

1. act or omission 2. breach of right *Theres no suit if theres no COA Basis of COA v. COA: The COA is the act or omission causing a legal injury while the basis of a COA is where one derives, the source of the right-duty correlative = sources of obligation (note: in OBLICON, we have 5 sources of obligation, sir only mentioned 2 main sources, as the other sources of obligations may also be found in law: statutes and contracts) Constitution: is it a basis of a COA? e.g. Art III, Sec1: No person shall be deprived of life, liberty and property without due process of the law Right holder: Person (not citizen) Duty holder: Government???? President of RP: can there be a COA vs Prexi? Can an axn be brought against the prexi? Is there a difference between the two question? Yes, there is a difference between the two questions: There can be a COA against the Prexi but that doesnt necessarily mean that there is a right to file an action against the prexi: defense against the right of a person to sue: right of the STATE to be immune from suit without its permission(General Provisions in the Constitution=> Art 14?) Immunity from suit is a defense against the availment of procedure to bring an action: SECONDARY RIGHT! WHAT IS A SECONDARY RIGHT? Hohfeld: secondary right arises from a substantive right which is violated LEONEN: A right-duty correlative which exist whenever theres a breach of primary rights E.g. Damages, reliefs TorF? Are secondary rights only Procedural? NO. Damages are secondary rights but it is a substantial right why secondary right: a person is only entitled to it when a right-duty correlative (based on QD or tort) is breached. Why a substantive right: it cannot be changed even when theres a change in procedure Example of a secondary right which is procedural: right to file an action for a complaint

Relief vs. Remedy: Remedy: the whole procedure available to the right holder to defend the right/pursue granting of relief -Remedy=procedure: kaya remedial law Relief: the thing granted by the court for a breach/violation of a right-duty correlative 2 kinds of remedies 1. Action: able to know WON breach of right and duty correlative 2. Proceeding: WON Status/fact exist => all rights appertaining to status would be legally binding e.g. acknowledgment of legitimacy of child naturalization adoption cadastral guardianship probate -no COA in proceedings, just determine status/fact exist -where found in ROC: as Special proceedings: why special? Are there ordinary proceedings? Special proceedings because each and every procedure is unique in its own Special Civil Actions there are 10 in the ROC

ordinary Civ Actions Crim Special

Remedy special proceedings

Ordinary v. Special Civil Actions Special Civil Actions MODIFY ordinary civil actions so study first Ordinary civil actions STEPS:

1. definite starting point: filing of pleadings => only present OF OF are alleged by the plaintiffs ULTIMATE FACTS: mental and physical facts which bring the legal concept into being Consent: Definite offer + unqualified acceptance (OF) EF: for definite offer -stamped envelope with date -document containing the offer -receipt of the envelope by the other party -witnesses that say they Burns: what is truth? What really happened? Test credibility of a piece of evidence: by cross examination *our system is adversarial *weakness of our system: the truth my not come out as seen by the laymen: the only truth that may be derived in a civil action is that which is established in a court of law *what can happen in trial may be so procedural that substantial rights are not protected?

Back to pleading: defendant makes negative defense: Denial of OF Why present/ state OF -> presentation of EF during trial depends on it In between: Provisional procedures Discovery procedures Special Civil actions: interlocutory