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FUNDAMENTAL CONCEPTS in REMEDIAL LAW PDF
FUNDAMENTAL CONCEPTS in REMEDIAL LAW PDF
FUNDAMENTAL CONCEPTS
REMEDIAL LAW is that branch of law which prescribes the method of enforcing rights or
obtaining redress for their invasion [Bustos vs. Lucero, 81 Phil. 640]. It is also known as
Adjective Law.
SUBSTANTIVE LAW is one which creates, defines, and regulates rights.
PROCEDURE is the method of conducting a judicial proceeding. It includes whatever is
embraced in the technical terms, pleadings, practice, and evidence. It is the means by which the
power or authority of a court to hear and decide a class of cases is put to action [Manila
Railroad vs. Atty. General, 20 Phil. 523].
JURISDICTION is the power to hear and decide cases [Herrera vs. Baretto & Joaquin, 25 Phil.
245]. It is the power with which courts are invested with the power of administering justice, that
is, for hearing and deciding cases. In order for the court to have authority to dispose of a case
on the merits, it must acquire jurisdiction over the subject matter and the parties [Republic
Planters Bank vs. Molina, 166 SCRA 39].
JURISDICTION
The authority to hear and determine a case
VENUE
The place where the case is to be heard or
tried
A matter of substantive law
A matter of procedural law
Establishes a relation between the court and Establishes a relation between plaintiff and
the subject matter
defendant, or petitioner and respondent
Fixed by law and cannot be conferred by the May be conferred by the act or agreement of
parties
the parties
PRINCIPLE OF THE EXERCISE OF EQUITY JURISDICTION is a situation where the court is
called upon to decide a particular situation and release the parties from their correlative
obligations but if it would result in adverse consequences to the parties and the public, the court
would go beyond its power to avoid negative consequences in the release of the parties [Agne vs.
Director of Lands, 181 SCRA 793; Naga Telephone Co. vs. CA, 48 SCAD 539].
ELEMENTS OF JURISDICTION:
(1) Jurisdiction over the
subject matter or nature of
the case
It is conferred by law (BP
129), and does not depend on
the objection or the acts or
omissions of the parties or
anyone of them [Republic vs.
Sangalang, 159 SCRA 515].
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controversy exceeds P200,000, or in such other cases in Metro Manila where the
demand, exclusive of the above-mentioned items exceeds P400,000.
JURISDICTION OF COURT OF APPEALS (CA):
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus,
and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgments of RTCs;
3. Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders,
or awards of RTCs and quasi-judicial agencies, instrumentalities, boards, or omissions,
except those falling within the appellate jurisdiction of the Supreme Court in accordance
with the Constitution, the provisions of the Judiciary Act of 1948;
4. The CA shall have the power to receive evidence and perform any and all acts necessary
to resolve factual issues raised in (a) cases falling within its original jurisdiction, such as
actions for annulment of judgments of RTCs, (b) cases falling within its appellate
jurisdiction where a motion for new trial based only on newly discovered evidence is
granted by it.
JURISDICTION OF THE SUPREME COURT (SC):
1. Cases affecting ambassadors, other public ministers and consuls, and other petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
2. All cases involving the constitutionality of a treaty, international or executive agreement,
or law, which shall be heard by the SC en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations, shall be decided with the
concurrence of the majority of the Members who actually took part in the deliberation on
the issues in the case and voted thereon;
3. Cases on matters heard by a division shall be decided or resolved with the concurrence
of a majority of the Members who actually took part in the deliberations on the issues in
the case and voted thereon, and in no case, without the concurrence of at least three of
such Members.
4. The Supreme Court has the power to:
(a) exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus;
(b) review, revise, reverse, modify, of affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
(1) all cases in which the constitutionality or validity of any treaty, international or executive
agreement, law presidential decree, proclamation, order, instruction, ordinance, or regulations
is in question;
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(2) all cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto;
(3) all cases in which the jurisdiction of any lower court is in issue;
(4) all criminal cases in which the penalty imposed in reclusive perpetua or higher;
(5) all cases in which only an error or question of law is involved.
CLASSES OF JURISDICTION:
General power to adjudicate all controversies except those expressly withheld from the
plenary powers of the court.
Special or Limited restricts the courts jurisdiction only to particular cases and subject to
such limitations as may be provided by the governing law.
Original power of the court to take judicial cognizance of a case instituted for judicial
action for the first time under conditions provided by law.
Appellate authority of a court higher in rank to re-examine the final order or judgment of
a lower court which tried the case now elevated for judicial review.
Exclusive power to adjudicate a case or proceeding to the exclusion of all other courts at
that stage.
Concurrence/Confluent/Coordinate power conferred upon different courts, whether of
the same or different ranks, to take cognizance at the same stage of the same case in the
same or different judicial territories.