1997 Rules on Civil Procedure 2001 Edition


The first thing that we will take up in Civil Procedure are basic concepts. We are going to discuss the legal concept of courts. As you will know, whenever we talk of procedural law, we have no choice but to involve courts in our discussion. Let’s try to have a ental picture of courts. !f ! "#ean !$igo% say &courts’, please tell e the scene that co es into your ind. What do you see' There is a table, a gavel, there is so eone sitting there. Then below, there are lawyers sitting down. That is how everybody pictures a court. (ut actually, what was pictured out was a courtroo and not a court. )i ilar e*a ple+ ,ow can you picture a corporation' A corporation, as you know in Persons, is a -uridical entity. !t is a creature of the law. !t is a person under the law but it has no physical e*istence. (ut what you see in a corporation is a building and people who are running the office business. Well, that is the office of the corporation. A corporation cannot run without people running it. (ut a corporation can own properties, kaya you see the building, the office, the e.uip ents there. The president or the vice/president are the officers of the corporation. (ut the officers are not the corporation0 they run the affairs of the corporation. 1anoon din ang court. A court has no physical e*istence, only a legal one. 2+ What is a court' A+ A court is an entity or body vested with a portion of the -udicial power. "Lontok vs. (attung, 34 Phil. 5678% 2+ Why &portion’ only' A+ This is because the Constitution provides that 9the -udicial power shall be vested in one )upre e Court ")C% and in such other lower courts as ay be established by law.: "Art. ;!!!, )ection 5, 5<=> Constitution. The reason that the law creates different courts is to divide the cases or -udicial power a ong the so that one court ay not be burdened with so any cases. )o, -udicial power is not e*ercised only by one court, but by several courts. !t is like a cake. ?ou slice the cake into parts @ this part is for you, this part is ine. )o, kanya/ kanya tayo ng trabaho. ?ou cannot put the burden only in one court. Aor e*a ple, you want to sue your debtor for not paying a loan. ?ou ean to tell e that you will go to the )C' All cases in the Philippines will have to filed there' BC. ?ou cannot do it. ?ou have to start fro certain courts in you city or unicipality. Bgayon, pag/sinabi o kung saan ako ag/file, sa Degional Trial Court "DTC% ba' C sa Eunicipal Trial Court "ETC%' Cf course, depende yan on how uch you are clai ing. !f you are clai ing so uch, dito ka. !f you clai is lower, dito ka na an. Why is that' (ecause each has its own work. Fach one has its own portion @ what is yours is yours, what is ine is ine. Thus, each court has its own -urisdiction and ay only try cases within its -urisdiction. Bo court has all the power of the -udiciary but only a portion of it. )o there is a division of labor. Gust as corporations cannot act without its officers, a court cannot function without a -udge. (ut do not say that the court and the -udge ean the sa e thing. The -udge is the person or officer who presides over a court. 2+ #istinguish court fro -udge. A+ The following are the distinctions+ 5.% Court is the entity, body, or tribunal vested with a portion of the -udicial power, while -udge is the person or officer who presides over a court. Gudges are hu an beings @ they die, they resign, they retire, they aybe re oved. The court continues to e*ist even after the -udge presiding over it ceases to do so. H.% The two concepts ay e*ist independently of each other, for there ay be a court without a -udge or a -udge without a court. "Pa intuan vs. Llorente, H< Phil. 48H% FIAEPLF+ The present )upre e Court ")C%, the -ustices presiding over it are not the sa e -ustices who presided it in the early part of this century yet the Court in so e decisions states that 9as early 5<67, &WF’ have already ruled such as suchJ: Why do they use &WF’' They are talking about



uity0 7. 2+ !s the CA an original or appellate court' A+ The sa e is true with the CA. The )C. there is only one superior court @ the )upre e Court. if you are filing a case for the first ti e. and there are also decisions of the ETC which are appealable to the DTC.. you will see that it is both an original and an appellate court. ay try specified cases The ETC is a first/level "inferior% court so that its power is li ited to specified cases despite of the law which e*panded the -urisdiction of the ETC. H8<% 2+ What courts are superior or inferior' A+ !t #FPFB#) on what viewpoint you are looking. Wala ng under pa sa kanya. the viewpoint of the Aro the real viewpoint.% Civil Courts and Cri inal Courts0 8. are those which take cogniLance of all kinds cases. "58 A . !f you are looking fro Constitution.. !n the sa e anner that the DTC ight be inferior to the )C and the CA but it has also power of supervision over ETC. while APPFLLATF CCKDT) are those where a case is reviewed. cri inal cases while an inferior court only. 2+ !s the )C an original or appellate court' A+ The )C is both an original and an appellate court. otherwise known as courts of special or li ited -urisdiction. p. !t is both original and appellate court. then doon ")C% o i/akyat.% Courts of law and Courts of e. !t is practically a -ack of all trade. whether civil or cri inal. The DTC has also the power of supervision over ETC.% Courts of Criginal -urisdiction and Courts of Appellate -urisdiction0 4. Practically. !t is already at the botto . "(allentineMs Law #ict.1997 Rules on Civil Procedure 2001 Edition INTRODUCTION the court. ")ection <. There are cases which are elevated to it fro the DTC.% Constitutional Courts and )tatutory Courts. courts ay be classified as+ 5. APPELLATE COURT 2+ #istinguish original court fro appellate court. and possess supervisory authority over lower courts. that case is filed in an original court. but also an original court. (P 5H<% When we study the -urisdiction of the CA. A+ )KPFD!CD CCKDT). <5% )o. ORIGINAL COURT vs. A superior court ay therefore handle civil. (ut when we study the -urisdiction of the )C. SUPERIOR COURTS vs. CA including the DTC are considered as superior courts. 2+ Classify courts in general. otherwise known as courts of general -urisdiction. FIRST-LEVEL COURTS 2+ #istinguish superior courts fro inferior courts. etc. ?ou can file certain cases there for the first ti e. they are not talking about the selves. !n 5<<3 (ar+ F*plain the hierarchy of courts in the Philippines. the Court of Appeals "CA% aybe inferior to the )C but it is a superior court for it e*ercises supervision over DTC. are those which take cogniLance of certain specified cases only. !t does not die alongside with the -ustices who presided on it. A+ CD!1!BAL CCKDT) are those where a case is co enced. The court is continuous. )o e people have the i pression that you cannot file a case there for the first ti e @ that you have to file it so ewhere else. 2+ . (ut the case does not necessarily end there. A+ 1enerally.ow about the DTC' !s the DTC an original or appellate court' A+ The DTC is also both original and appellate court. There are certain cases where one ay file directly to the )C. prohibition. A!D)T/LF.% )uperior Courts and Airst/Level courts "inferior courts%0 H.FL CCKDT) "inferior courts%. H Property of LAKAS ATENISTA . but there are also cases which are filed there for the first ti e. we will be able to know that it is not only an appellate court. Gur. The -urisdiction of the DTC is varied. The )C has original -urisdiction on cases of certiorari. anda us. Hnd Fd. ?ou ay bring the case to the appellate court which has the power to change the decision of the original court. the -udicial level is being asked by the e*a iner.

CIVIL COURTS vs. That is ore of e.. whereas CCKDT) CA F2K!T? are tribunals which rule according to the precepts of e. it ad-udicates cases based on the principles of e. 1enerally. p. do they decide cases based on the principle of -ustice and fairness' A+ !n the Philippines. !n the Philippines you cannot distinguish so eti es the principle of law and the principle of e.uity @ where reason can always be found. !n the case of+ ALONZO vs. There was the old Circuit Cri inal Court. !n the case of substantive law. it is purely a cri inal court. DTC and ETC. There are no cases appealed to it.uitable. Dight now. 464% Courts Of Law dispose cases according to what the law says @ ! will decide your case by what the law says. E a!"le+ LAC. there is a thin line which divides the principle of law fro the principle of e.uity because principles of e. when there is no applicable law.uity follows the law. A+ C!.uity because principles of e.uitable doctrine @ that it is not fair that you disown your own representation after isleading so ebody.!L CCKDT) are those which take cogniLance of civil cases only. you decide it based on what is -ust and fair. Bo one should enrich hi self at the e*pense of another. when the law is silent.uity since they are also found in our law. all our courts are both civil and cri inal courts at the sa e ti e. Paya nga ay kasabihan na EQUITY FOLLOWS THE LAW. all their powers were transferred to the present DTC. ?an ang court of lawO When we say Courts Of Equity. CRIMINAL COURTS 2+ #istinguish civil courts fro cri inal courts. !t is the lowest court in the hierarchy. Knlike before. COURTS OF LAW vs.uity or -ustice. (ut if you look at the Civil Code. courts still have to decide according to custo s and general principles. there is no such thing as a 566N cri inal court or civil court. our courts are both courts of law and of e. (ut with the abolition of those special courts. courts of law' Cr courts of e..uity. is a 566N original court. Cne cannot say that they are purely principles of e. Fstoppel is an e. they only conciliate. There is no such ani al as barangay court.uity eans principles of -ustice. there is no such thing as a 566N civil court or a 566N cri inal court.ow about the ETC' !s the ETC an original or appellate court' A+ The ETC however. (ut if you look at the Civil Code. As a atter of fact under the Civil Code. Knder the Civil Code.uity is what is fair and what is -ust and e. Principle of e. The )C decides civil and cri inal cases. INTERMEDIATE APPELLATE COURT May 28. fair play. #.F) @ the half/brother of prescription @ if you delay a certain right then you right. eron ang chapter diyan baO @ estoppelO )o if you apply estoppel. E a!"le+ F)TCPPFL. while CD!E!BAL CCKDT) are those which take cogniLance of cri inal cases only. The sa e thing with the CA. E a!"le+ The principle of estoppel. As the na e i plies. fairness. )o. in the Philippines. Gur. 198 . That is a principle of e.uity are also written in the law. "58 A . p. The barangay captains do not decide cases. CruL Property of LAKAS ATENISTA 4 . what is legal is fair.1997 Rules on Civil Procedure 2001 Edition INTRODUCTION 2+ .uity are also found in the principles of law..uity.uity' #o they decide cases based on what the law says' or.uity. you cannot say that you are applying a principle not found under the law.: "(allentine’s Law #ict. They can handle both types of cases. F. COURTS OF EQUITY 2+ #istinguish Courts of Law fro Courts of F. 465% All the courts in the Philippines are both civil and cri inal courts. focuses ore on -ustice and e. rather than of law. The )C once said that e.. laches or solutio indebiti. A+ CCKDT) CA LAW are tribunals only ad inistering the law of the land. itMs thereO The )C. Hnd Fd.uity. and are so eti es called 9courts of conscience. when deliberating. ust have no E a!"le+ )CLKT!C !B#F(!T!. )o. H8<0 (allentineMs Law #ict. during the >6Ms there are so e special courts which were e*isting but were abolished by (P 5H<. 2+ Are the Philippines courts.uity. Hnd Fd.

fairness ust be on your sideO (ecause when we deliberate and we agree that your side see s to be the correct one.uity. And ! asked the on how do they deliberate on cases when so ebody files an appeal or petition. DTC. (c) to compel obedience to its !udgments orders and processes and to the lawful orders of a !udge out of court in a case therein. )o there is only one Constitutional court. the power to create carries with it the power to abolish. We know ore law than you doO When you file a petition. STATUTORY COURTS 2+ #istinguish Constitutional Courts fro )tatutory Courts. there is only one Constitutional court @ the )upre e Court.* The CA. #o not tell us what is the law. And if there is no law. Property of LAKAS ATENISTA 8 . power of ta*ation. Congress has the power to abolish the said courts but it can never abolish the )upre e Court. !AC. that was already asked in the (ar before @ what are the inherent powers of the court' 2+ What are the inherent powers of the court' A+ )ection 7 Dule 547 of the Dules of Court of the provides+ Section 5. The answer is that we do neither because we are a court both of law and of -ustice. and the ETC are created by the Congress. you ust call for a constitutional convention to change the Constitution.% and DTC. Gust like the )tate have certain inherent powers.uity than of law. IN!ERENT POWERS OF T!E COURT (efore we leave the concepts of courts. !t was law that created )andiganbayan "P# 58=3%. Bow.uivocate. there is the law to follow. Eeaning. Guvenille. these things are understood to have the @ Police power. you donMt have to tell us what is the law. whether written or not. ! have already talked with so any -ustices of the )C before. we will ake it for you. A -ustice of the )C told e that that is a wrong approach. Every court shall have the power: (a) to preserve and enforce order in its immediate presence. All the rest. Thus. by interpretingJ because we are a court ore of e. !n our country. you ust know that the courts of -ustice have what we call inherent powers. we will look for the law and chances are. ETC were created. (ut when we look on the e. (ut there is only court which the (atasan Pa bansa could not touch @ the )upre e Court. They told e. while )TATKTCD? CCKDT) are created by law or by the legislature. )o if you want to abolish the )C. That was the -udicial reorganiLation of 5<=6 under (P 5H<. (b) to enforce order in proceedings before it or before a person or persons empowered to conduct a !udicial investigation under its authority.ueried. #o we apply the law even if it is un-ust or do we ad inister -ustice even against the law' Thus . we will look for it. backed/up by statutory provisions ba. fro the CA down and all other special courts. CA. !n political law. if you want to convince the )C to hear your caseJ because the tendency of so e lawyers is that they will file their petition and they will cite the law. CONSTITUTIONAL COURTS vs.uestion is so eti es asked. The 5<>4 Constitution ordered Congress to create )andiganbayan. $There shoul% &e 'reate% a Sa(%i)a(&aya(. Then. Inherent powers of courts. (P 5H< abolished all e*isting courts at that ti e "CA!.: )o the )C described itself both as a court of law and court of e.uiry or in curious con-ecture. Their very e*istence auto atically necessitates the e*istence of these powers.uity. we do not e. )o.1997 Rules on Civil Procedure 2001 Edition INTRODUCTION !ELD+ 9The . are only creatures of Congress. Congress is also created by the Constitution. A+ CCB)T!TKT!CBAL CCKDT) are created directly by the Constitution itself. whether we are a court of law or a court of -ustice. to decide on your favor is ore than -ust to decide on the other side. Pareho lang tayong tabla eh. etc. There is a provision in the 5<>4 Constitution which says. They have no power to abolish the )C because it is created by the Constitution. That is why. and power of ta*ation. Fven the )andiganbayan is not considered a Constitutional court because it was not created by the Constitution directly. Courts have also inherent powers. we will even look for the law to support our decision. We apply the law with -ustice for that is our ission and purpose in the sche e of our Depublic. in serious in.

). That is a sign of i potence "Charles. and the law is silent on how to enforce it. (f) to administer or cause to be administered oaths in a case pending therein and in all.anggang saan ba ang enforceability ng aking writ or processes' ?ou have to distinguish what kind of writ or process you are talking about. !nteri Dules+ Sec. )ection 7 because you can see there the powers that you do not know you have. ?ou are inutile if you cannot even enforce your own -udg entO )o !Mve been telling so e -udges here. you have to distinguish what kind of writ or process you are talking about+ Property of LAKAS ATENISTA 7 . other cases where it may be necessary in the e"istence of its powers. . the ne*t section ")ection 3. aging inutil ka @ ! have the power to decide but ! do not know how to enforce y decision. )o eti es we talk about this+ they say. do you ean to say that the order is unenforceable because the law is silent' A+ BC.anapan o ng paraanO )!TKAT!CB+ )uppose ! have the power to decide and ! render a decision. eh.ll other processes whether issued by the -.% and /. it see s that ! donMt have the power under the Dules of Court.% or /et.% /. SE% &. ! want to enforce the decision. (h) to authori$e a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original and to restore and supply deficiencies in its records and proceedings. look for a way. )o e of the are co on sense. and if the procedure to be followed in the e"ercise of such !urisdiction is not specifically pointed out by law or these rules any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules.%. And if the law is silent. What )ection 3 is trying to say is that when you have the power to decide. Knder )ection 4. ! ade a decision but ! cannot see how was it enforced. Parang pa palakas/loob ang Dule 547. There are any powers enu erated. (g) to amend and control its process and orders so as to ma#e them conformable to law and !ustice. Can that writ or process be enforced in Cebu or Eanila' Cr only in #avao' Cr only in Degion !I' . As a atter of fact. 2+ (ut suppose the law does not provide for any anner to enforce' Aor e*a ple a -udge has rendered a decision. That is part of your power. !f you do not know how to carry out your -udg ent because the law is silent. 2+ What is the area of enforceability of writs and processes of the courts' A+ Knder )ection 4 of the !nteri Dules.uestion. Questio(+ The court of #avao will issue a writ or a process. Dule 547% tells us how to carry out your -udg ent. These are inherent eh @ hindi puwedeng alisin sa iyo iyan.% may be served anywhere in the 0hilippines and the last three cases without a certification by the !udge of the -. Writs and Processes. how do ! enforce' Well. you have to think how to do it. pinaringgan ka ni #eanO%. (e) to compel the attendance of persons to testify in a case pending therein. you have the power to enforce. ENFORCEA"ILITY OF COURT WRITS AND PROCESSES Another provision that ! want to e phasiLe before we leave this sub-ect of court is )ection 4 of the !nteri Dules. Ctherwise. !tMs beyond y power. * a) (rits of certiorari prohibition mandamus +uo warranto habeas corpus and in!unction issued by a regional trial court may be enforced in any part of the region. Fvery court has the power to see to it that everything of his order is enforced0 to co pel obedience to his order. )ection 3 of Dule 547 answers the .1997 Rules on Civil Procedure 2001 Edition INTRODUCTION (d) to control in furtherance of !ustice the conduct of its ministerial officers and of all other persons in any manner connected with a case before it in every manner appertaining thereto. usually the law provides for the procedure. Co on sense yan. Provided you confor with the spirit of the rule. b) . try to look for a way on how to enforce your -udg ent. !n other words. (e creative. )o you do not ake the order useless si ply because there is no rule. Means to carry jurisdiction into effect ' (hen by law !urisdiction is conferred on a court or a !udicial officer all au"iliary writs processes and all other means to carry it into effect maybe employed by such court or officer. )ection 3 says.

in-unction. and he fled to (aguio City.uo warranto. The law is very clear+ writs of certiorari. )o at least.uo warranto.1997 Rules on Civil Procedure 2001 Edition INTRODUCTION a% !f it is a writ of certiorari. Eakilala is in Degion 5H and the DTC of (ansalan is part of the 55th -udicial region. )urigao is Degion 5H and therefore can issue a writ of habeas corpus to be enforced in Eakilala which is hundreds of iles away because they are of the sa e -udicial region. . FIAEPLF+ !f you are illegally detained. )uppose the ETC issues a warrant for the arrest of the accused in the cri inal case. such warrant can be enforced there. because that is not part of their region. you can ask the court to issue a writ of habeas corpus. /oCo/ Property of LAKAS ATENISTA 3 . They filed a petition for habeas corpus in Eakilala. anda us. prohibition. . b% )ection 4 further says. habeas corpus. Borth Cotabato. DTC can enforce it within the region and it cannot enforce those writs outside the region. The DTC of Tandag. And yet the DTC of (ansalan cannot issue a writ to be enforced in Eakilala. a person is detained in (ansalan and the fa ily is here in #avao City. it can be enforced anywhere within the region. the -udge in Eakilala cannot issue the writ of habeas corpus due to the fact that (ansalan belongs to the 55th -udicial region while Eakilala is in the 5Hth -udicial region. habeas corpus and in-unction issued by a trial court ay be enforced in any part of the region. all other writs are enforceable anywhere in the Philippines. Bow. This includes su ons. prohibition. writs of e*ecution or search warrants. Borth Cotabato. anda us. Thus. which is the ne*t town.

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