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R-Civ00 Introduction.doc

R-Civ00 Introduction.doc

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R-Civ00 Introduction.doc
R-Civ00 Introduction.doc

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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



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

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

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

ll other processes whether issued by the -. !n other words. 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. What )ection 3 is trying to say is that when you have the power to decide. )ection 3 says. the ne*t section ")ection 3. eh. Can that writ or process be enforced in Cebu or Eanila' Cr only in #avao' Cr only in Degion !I' .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.anapan o ng paraanO )!TKAT!CB+ )uppose ! have the power to decide and ! render a decision. how do ! enforce' Well. b) . 2+ What is the area of enforceability of writs and processes of the courts' A+ Knder )ection 4 of the !nteri Dules. try to look for a way on how to enforce your -udg ent. Ctherwise.% or /et.% may be served anywhere in the 0hilippines and the last three cases without a certification by the !udge of the -.% and /. you have to distinguish what kind of writ or process you are talking about+ Property of LAKAS ATENISTA 7 .% /.%. (e creative. other cases where it may be necessary in the e"istence of its powers. )o eti es we talk about this+ they say. !tMs beyond y power. (f) to administer or cause to be administered oaths in a case pending therein and in all. you have to think how to do it. There are any powers enu erated. )o you do not ake the order useless si ply because there is no rule. and the law is silent on how to enforce it. Co on sense yan. Provided you confor with the spirit of the rule. ). ! ade a decision but ! cannot see how was it enforced.uestion. Knder )ection 4. 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. pinaringgan ka ni #eanO%. usually the law provides for the procedure. Writs and Processes. )o e of the are co on sense. SE% &. . * 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. Questio(+ The court of #avao will issue a writ or a process. )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. (e) to compel the attendance of persons to testify in a case pending therein. (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. 2+ (ut suppose the law does not provide for any anner to enforce' Aor e*a ple a -udge has rendered a decision.anggang saan ba ang enforceability ng aking writ or processes' ?ou have to distinguish what kind of writ or process you are talking about. 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. do you ean to say that the order is unenforceable because the law is silent' A+ BC. (g) to amend and control its process and orders so as to ma#e them conformable to law and !ustice. )ection 3 of Dule 547 answers the . These are inherent eh @ hindi puwedeng alisin sa iyo iyan. you have the power to enforce. Parang pa palakas/loob ang Dule 547. That is part of your power. Fvery court has the power to see to it that everything of his order is enforced0 to co pel obedience to his order. ! want to enforce the decision. look for a way. aging inutil ka @ ! have the power to decide but ! do not know how to enforce y decision. !f you do not know how to carry out your -udg ent because the law is silent. !nteri Dules+ Sec. it see s that ! donMt have the power under the Dules of Court. Dule 547% tells us how to carry out your -udg ent. As a atter of fact. That is a sign of i potence "Charles.

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

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