CIVIL PROCEDURE Notes

CIVIL PROCEDURE
Part 1 – Rule 1 GENEREAL PROVISIONS

Section 1 – Title of the Rules
Section 2 – shall apply in all courts except provided by the Supreme Court
Section 3 – Cases governed
These rules shall govern the procedure of civil action, criminal action and special proceedings
a.) Civil Action – one party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong
b.) Criminal Action – state prosecutes a person for an act or omission punishable by law
c.) Special Proceedings – a remedy by which a party seeks to establish a status, right or a
particular fact
Section 4 – in what cases not applicable –
a.) Election cases
b.) Land registration
c.) Cadastral
d.) Naturalization and insolvency proceedings
e.) Other cases not herein provided except by analogy or suppletory character
Section 5 – Commencement of Action
A civil action is commenced by the filing of original complaint in court. – if an additional
defendant is impleaded in a later pleading, the action of commenced with regard to him on the
date of the filing of such later pleading.
Section 6 – construction
These rules shall liberally construct in order to promote their objective of securing a just,
speedy and inexpensive disposition of every action and proceeding.
JURISDICTION OF COURT
Jurisdiction is the power of the court to hear, try, and decide a case.
- It includes the authority of the court to execute its decisions since such is an essential
aspect of jurisdiction and is the most important part of litigation.
Note: jurisdiction is not the authority of the judge to hear a case, but that of the court.
Jurisdiction over the case attaches to the court, and not to the judge hearing. It is not
the decision rendered, but rather the authority of the court to decide the case.
SUBSTANTIVE LAW – Creates, defines, and regulates rights and duties concerning life, liberty
or property the violation of which gives rise to a cause of action
REMEDIAL LAW – lays down the method by which right and obligations arising from
substantive laws are protected, enforced, and given effect.
Note: PROCEDURAL RULES ARE NOT LAWS for they are promulgated by the Supreme Court in
their rule making capacity under the Constitution and do not originate from the legislative.
CLASSIFICATION OF JURISDICTION
a. Distinguish: original and appellate
Original – a court is one with original jurisdiction when actions or proceedings may be
originally filed with it.
Appellate – a court is one with appellate jurisdiction when it has the power to review
on appeal the decisions or orders of a lower court.
b. Distinguish: general and special
General – courts of general jurisdiction are those with competence to decide on their
own jurisdiction and take cognizance of all cases of a particular nature.
Special – courts of special jurisdiction are those which have jurisdiction only for a
particular purpose or clothed with special powers for the performance of specified
duties beyond which they have no authority of any kind.
c. Distinguish: Exclusive and Concurrent
Exclusive Jurisdiction – precludes the idea of co-existence and refers to jurisdiction
possessed to the exclusion of others.
Concurrent Jurisdiction – or coordinate jurisdiction. The power of the different courts
to take cognizance (notice) of the same subject matter.
DOCTRINE OF HIERARCHY OF COURTS

In case of concurrence (agreement) of jurisdiction, a case must be filed first before the
lowest court possible EXCEPT if one can advance a special reason which would allow a
part to directly resort to a higher court.
DOCTRINE OF CONTINUITY OF JURISDICTION

Known as the doctrine of adherence (action of continuing to obey a rule) of jurisdiction.
- Once jurisdiction is vested, the same is retained up to the end of the litigation.
GENERAL PRINCIPLES ON JURISDICTION

Jurisdiction is conferred by substantive law, only jurisdiction over the subject matter is
conferred by substantive law. Jurisdiction over the parties, issues and res is governed by the
procedural rules.
Jurisdiction of the Philippines Courts

a. SUPREME COURT is not a trier of facts
Exception: the SC can look into facts of a case:
1. When the conclusion is a finding grounded entirely on speculation, surmises, and
conjectures (guess)
2. When the inference (conclusion) made is manifestly mistaken, absurd or impossible
3. Where there is a grave abuse of discretion
4. When the judgment is based on a misapprehension of facts
5. When the findings of fact are conflicting
6. When the CA, in making its findings, went beyond the issues of the case and the
same is contrary to the admissions of both appellant and appellee
7. When the finding are contrary to those of the trial court
8. When the findings of fact are conclusions without citation of specific evidence on
which they are based.
9. When the facts set forth in the petition as well as in the petitioners’ main and reply
briefs are not disputed by the respodents;
10. When the findings of facts of the CA are premised on the supposed absence of
evidence and contradicted by the evidence on record.

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CIVIL PROCEDURE

Part 1 – Rule 1 GENEREAL PROVISIONS

DOCTRINE OF HIERARCHY OF COURTS

DOCTRINE OF CONTINUITY OF JURISDICTION

GENERAL PRINCIPLES ON JURISDICTION

Jurisdiction of the Philippines Courts

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