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Civil Procedure Notes_Cha Mendoza

Civil Procedure Notes_Cha Mendoza

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Class Notes for FinalsDean Leonen
1 |
Cha Mendoza_Civil Procedure_Ordinary Civil Actions
 
Right-duty correlative
*the right-duty correlative gives rise to a COAe.g. if one has a
right
under a prestation provided by a contract, then it gets BREACHED (i.e. the duty wasnot performed), then the party whose right is breached has COA*a breach of duty can bring about several COA*What is a SECONDARY RIGHT? It is a right-duty correlative w/c
exist whenever there’s a breach of 
primary rightse.g. right to damages, reliefs-they are not all procedural (e.g. damages are not provided under ROC)
RELIEF vs. REMEDY 
2 types of remedy 
1.
 
ACTION: WON there is a breach of a right-duty correlativea.
 
Criminal actionsb.
 
Civil Actionsi.
 
Ordinaryii.
 
Special civil actions: modify some procedures of ordinary civil action2.
 
PROCEEDING: WON status/fact exist
 –
all rights and obligations appertaining to status wouldbe legally bindinge.g. acknowledgment of legitimacy of childnaturalizationadoption
guardianship…
 
OVERVIEW of CIVPRO
Alternative Dispute Settlement 
?
E.g. Ford Motors entered in a lease agreement w/ RP for 5yrs. But Ford only wants to stay for 4yrs. Arethe parties required to undergo ADR?Under
KATARUNGANG PAMBARANGAY: NO. 1 of the parties is a Gov’t subdivision
 
Under ADR LAW? If there’s an arbitration agreement in the Lease agreement providing for
such, yes
REMEDYthe whole procedureavailable to the right holderto defend rightRELIEFthe AWARD granted by tehcourt for a breach/violationof a right-duty correlative
SATISFACTION OF JUDGMENTExecution of judgmentmay still file PETITION FOR RELIEF FROM JUDGMENTafter perfection of appealno appeal taken, no MFR/MNTor JUDGMENT FINAL and EXECUTORYPerfection of appealmay file MFR/MNT -if granted, TRIAL ULIT!or may APPEALJudgmentTrialthe heart of procedurepresent all evidentiary facts, prove OFPretialtry to convince parties to enter amicable settlementmakes trial more efficient by setting issues and evidences,facts and admissions....may ask for DISCOVERY PROCEDURESdepositions, interrogatories to parties, admissions by adverse party, production/inspection of docs or things, physical andmental exammay ask for PROVISIONAL REMEDIESpreliminary attachment, preliminary injunction, Receivership, Replevin, Support Pendente Litefile pleadingsfile complaintfile answerpreliminary things to considerJURISDICTIO OF COA (BP 129, Consti...)condition precedent
 
Class Notes for FinalsDean Leonen
2 |
Cha Mendoza_Civil Procedure_Ordinary Civil Actions
 
*katarungang pambarangay applies only to NATURAL PERSONS, does not apply to governmentsubdivisions and institutions
 –
so di applicable in this case
?
isn’t ADR
 
law meant to make ADR MANDATORY? NO. it gives parties autonomy….
 
?
what if Ford, before entering lease agreement, wants to have an arbitration agreement? Make anarbitration agreementCONTENTS:*Court w/c would have jurisdiction*# of arbitrators*(
?
)governing law: can one party insist that 1 law be followed?
?
If can stipulate on what governing law should be, could a foreigner lawyer appear before RP arbitersand practice NY Law here>
 Arbitration vs. Adjudication
*where arbitration would be conducted-usually apply law where the arbitration occurs-depends on the bargaining strength of another party
? T or F:
it is now possible that all disputes may be subject to ADR?FALSE. There are disputes that cannot be subject to ADR:
?
What are the procedures for ADR?1.
 
Arbitration:
voluntary dispute resolution process wherein, in accordance w/ agreement of parties, the dispute is resolved by rendering an AWARD2.
 
Mediation:
voluntary process in which a mediator, selected by the disputing parties,
facilitates communication…and assist the parties in reaching a voluntary agreement re:
dispute
3.
 
Conciliation
4.
 
Early neutral evaluation:
parties and lawyers are brought together early in pretrial phase topresent summaries of their cases and receive a nonbinding assessment by an
experienced neutral person w/ expertise in the subject matter of dispute
 *status of agreement to submit to ENE: contractual and consensual
?
is it mandatory? NOWhat if parties agree to a ENE b4 adjudication? Valid, forms part of contractCan it be different from initial contract? YesWho chooses the evaluator? Law is silent*Sir wants to apply the rules on arbitration on the other forms of ADR5.
 
Mini trial:
the merits of the case are argued
before a panel comprising of SENIOR DECISIONMAKERS,
parties seek negotiated settlement6.
 
MED-ARB:
involves both mediation and arbitration…
 
*Settlement vs. arbitration award 
-
Settlement
from negotiation, mediation;
arbitration
award from arbitration
?
mediation: should it be neutral? The law does not provide for procedure
 –
only for arbitration
?
What is the default?If no arbitration clause: may still undergo ADR (pretrial stage conducts ADR)
If there’s arbitration clause: arbitrate
 
 
Adjudication
trial judge(appointed)final judgmentTAGALADVERSARIAL: parties hold on toposition even if its wrongmay beappealed
Arbitration
extrajudicial: part of contractual relationsarbitrators (may be chosen)Arbitral awardFASTERmore involvement of parties, less conflict as what probably would come out iswhat they wantattack on arb award is limited by the grounds specified by law
Under ADR law, the ff are not subject to ADR: L3 S2 MJC1.
 
Labor disputes under Labor Code2.
 
Civil Status of persons3.
 
Validity of marriage4.
 
Any ground for Legal Separation5.
 
Jurisdiction of courts6.
 
Future Legitime7.
 
Criminal liability8.
 
Accdg to Law, cannot be compromised
(corpo? Questions)
Can a fully foreign-owned corporation produce cars in RP? NO.Art12.2Can a corporation fully owned by foreigners BUT REGISTERED IN RPproduce cars in RP? YESWhat about MRT (owned by foreigner, leased to RP)?
*
Pede to under
transpo eh…I forgot na why
 
Know how to craft ARBITRATION CLAUSE: Study ADR laws
 
Class Notes for FinalsDean Leonen
3 |
Cha Mendoza_Civil Procedure_Ordinary Civil Actions
 
-this would include agreement as to the law applicable, court that would have jurisdiction, the
arbitrators…
 What if no agreement as to who is going to be the ARBITRATOR?Default: parties agreeIf none:1.
 
The institution: if institutional arbitration2.
 
If ADHOC: IBP president appoints3.
 
If under UNCITRAL MODEL LAW: appointed court may choose
?
What happens in ENE and Minitrial? What law would apply?The parties may determine consequences when there is a dispute
…provide proviso as there is no governing rule
 
…if no proviso, badly crafted, NULL & VOID? NO. courts would interpret it
(
*
parties intended to undergoADR, Malabo lang pagkacraft)-In ENE & MT, lawyers have opportunity to craft the rules that would governMEDIATION, Katarungang pambarangayGR: all civil cases must undergo katarungang pambarangayX: parties agree in writing that jurisdiction of dispute is not under katarungang pambarangay?
…when party requests for provisional remedies
 
KATARUNGANG PAMBARANGAY:
-When undergo: basically all civil casesX: seven exceptions-lawyers may be present in Katarungang Pambarangay Proceedings
 –
but cannot speak for the parties
…they may give advice to the parties –
it is not prohibited by LGCWhat happens if you put Arbitration proceedings? Go to KB? No, contract governs!Pangkat
 –
still conciliation proceedings
…The assumption is that when the chair can’t do it, 3 persons may be able to do it! (Fallacy daw sabi ni
sir!)
END: Amicable settlement
 –
a special kind of contract arising from the settlement-Enforcement: apply for a writ of execution (it has a nature of a final judgment)
…w/n 6m: before lupon
 
…after 6m: Municipal court
 IF NO AGREEMENT: lupon chair issues a CERTIFICATE TO FILE ACTION-certificate to file action attached to the complain
REMEDY for assailing AMICABLE SETTLEMENT:
R
EPUDIATION OF THE SETTLEMENT
w/n10d after the date of settlement-grounds: FVI-how: sworn statement/affidavit filed w/ lupon chair-condition precedent: w/o it, action could be dismissed
CAN MEDIATION BE COMPULSORY?
*Mediation is compulsory in KB
 –
parties should undergo KB or else action could be dismissed (conditionprecedent)BUT GR: mediation is not compulsory (ADR Law: voluntary process nga eh)
MEDIATION vs. ARBITRATION vs. CONTRACT
Mediation: Mediated settlement (ADR Law)Arbitration: Arbitrational Award (ADR Law, Domestic Arb Law)KB: Amicable Settlement (LGC)Contract: parties themselves entered it
DIFFERENCE IN ENFORCEMEN
?
what if the amount involved is P1.3M? where would the settlement be enforced? Still depends onwhere the settlement was made
 –
LGC or ADR law
?
did the ADR Law (later law) repeal LGC provs? NO! (note here the conflict: in ADR law, conciliation isvoluntary while in KP, conciliation is a condition precedent to filing an action)
 –
response to conflict: notall disputes are subject to KP (see above!)
Okay notes for clarification…SUMMARY 
 
Result Amicable Arbitral Award Mediated Contract
Amicable settlement-lupon chair/municipal court-similar to a final and executory judgment-LGCMediated Settlement-CFI/RTC -deposit w/ RTC COC-summary hearing -action forenforcement-ADR Law
Sec108, LGC: subj matter of Amicable settlement 
GR: all disputes
…parties ACTUALLY RESIDING in same CITY/MUNICIPALITY
 X:1.
 
1 party = gov’t/subd
 2.
 
1 party = public officer/ee + dispute related toperformance of official functions3.
 
Offense punishale byIMPRISONMENT > 1YRFINE > P5K4.
 
Offenses w/o private offended party (sinomagpupunta brgy???)5.
 
Real property in different citiesX: parties agree6.
 
Parties actually reside in brgys of DIFFCITIES/MUNICIPALITIESX: brgy units adjoin each other + parties agree7.
 
Disputes determined by the President
…In interest of justice OR
 
…upon recommendation by SOJ
 

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