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Remedial Law Review Lecture 1: June 14, 2012 Get hold of a codal.

The first part is civil procedure, then criminal procedure, evidence and special proceedings. We will finish this. Civil Procedure CivPro has 71 rules. But break it into sections. Filing Fees. Why is there a requirement of filing fees? What if you pay filing fee and what you pay is insufficient? What is the effect? What if you knew there was a filing fee and you intentionally did not pay the correct amount? What if you relied completely on the clerk of court based on the clerk of cours determination? Can the court proceed with the case? What cases would require a fixed filing fee? This is important; would you tell your client to pay 800,000 in filing fees? In an estate worth 2M, the filing fee was 800,000. In that point in time, there was an action because there were liquidity problems. What did we do? We had to study it. There are cases where the filing fee is fixed, like rescission not capable of pecuniary estimation. If you are a legal aid practitioner, is there filing fee? Who is an indigent? Is he required to pay filing fees? Is an indigent the same as a pauper? You can tell a lawyer is old (prior to 1997) if he still uses the word pauper. Jurisdiction. We refer to BP 129 as amended by RA 7691. We will also discuss jurisdiction on summary procedure. What is the rule on jurisdiction on summary procedure? Distinguish when we talk of summary procedure, in and outside Metro Manila. Not exceeding 200,000 in MM, outside not exceeding 100,000. What is the jurisdiction in small claims? Can the RTC have jurisdiction over small claims? In small claims, jurisdiction is with the MTC, whether MM or OMM if the amount does not exceed 100,000. Well make a comparison between Summary Procedure and Small Claims. Jurisdiction of the courts on habeas corpus, writ of amparo, writ of habeas data. General Provisions. Rule 1 is the date of effectivity July 1, 1997. More important is the application of the rule. Is it applicable to COMELEC? Land registration cases? Another is section 5, filing a complaint. If you file, can the court take action over your complaint already? There must be service of the complaint. If you prepare a complaint do you have to serve a copy to the complainant? NO. It is the court that serves. You serve copies of petitions for special civil actions or on appeal. A complaint is an initiatory pleading, the court summons. If you have a provisional remedy, why will you alert the other party? Di parang tinuruan mo. Complaint do not serve to the other party. Remember that. In rule 42, 43, 45 these are petitions in the nature of an appeal. In rule 65. Remember I used the word petition. There ar certain petitions that are in the nature of an initiatory pleading in the nature of a complaint, where you are not obliged to serve a copy.

Liberal Application of the rules. I will not give examples for now, but leave you with this thought: when you seek refuge on section 6, there must be something wrong. Liberal application is not the order of the day. Disabuse your minds of this impression. When you use that section, theres something wrong. There is no hard and fast rule. This is left to the sound discretion of the court. Walang doctrinal ruling dyan. You claim it because butas na ang barko mo. May tagas na. When you talk of defective motions, you could list a number of cases with strict application and thirty or more cases with liberal application. Causes of Action. Can we split causes of action? Can we join causes of action? Do criminal cases have a cause of action? What is the equivalent of a cause of action in a criminal case? Its cause of accusation (Rule 110, section 9). Is a motion a pleading? No. Parties to an action. Can a natural person be a party? Juridical person? Non-juridical person? Also, we will discuss, what happens when a party dies? You will have to look at the nature of an action. It is true there is substitution under section 16, but there are some cases without substitution even with death section 12. We will also discuss the kinds of substitution and alternative defendants. We will discuss indispensable parties and necessary parties. Who is the real party in interest? This is distinguished from locus standi. Is legal standing a concept of civil procedure? Venue. It is different in civil or criminal. Can we apply venue is jurisdictional in civil cases? No, in criminal cases venue is jurisdictional. In civil cases, it is declared by the nature, the residence. If it is a real action, place where property is located. You can agree on venue, it is subject to waiver. In criminal cases, generally it is not. This is a question I will present when we discuss criminal procedure. You remember the case of Ampatuan? The crime was committed in Maguindanao. But where was it prosecuted? Quezon City. Venue is not jurisdictional after all. There is also the case of former Mayor Sanchez of Laguna, involving UP students. That mayor of Calawang raped and killed a UPLB coed. The crime was committed in Laguna, but the case was prosecuted in Pasig. The case involving the Quintos brothers of occidental Mindoro; crime in Occidental Mindoro but Villarosa was prosecuted in Quezon City. Why? For purposes of institution of an action, its always where the crime is committed. For purposes of the venue of the trial, according to the Constitution subject to the approval of the Supreme Court the venue can be transferred. Remember, inquest was done in Maguindanao. Summary procedure. Does it mean dispensing the presentation of witness? Are they still subject to cross examination. Kinds of pleadings. Complaint, answer, reply. Are these mandatory pleadings? For those attending hearings, you know the new rule right? The new rules of practice in Quezon City. Sole reason for a reset in Quezon City is force majeure. Parts of pleadings. The most important parts? I will highlight verification, certificate of non-forum shopping, the effect of a signature. Allegations in pleadings. Always remember the basic rule: What is in the complaint are mere allegations. Every material allegation should be supported by evidence. Rule 8 and Rule 110 should be read together with the definition of evidence under Rule 128. Evidence is the means sanctioned by rules in a judicial proceedings to establish the truth as to a matter of fact. As a rule, a pleading is a statement of ultimate facts. Evidence. When will you present evidence and the rules? During trial. Evidence is a function of trial. We will also discuss actionable documents.

Default. Thats section 7 and 8 then, default. Default is failure to attend. That rule 9 doesnt say default, it says failure to plead. There are three major sections that explain it. Amendment and substitution. When we discuss things that have a partner provision with criminal case, we will touch on that. Amendment has a partner provision, but not substitution. In criminal cases there is substitution of information (not substitution by reason of death). Refer to rule 111, section 4. Browse through it, in the section paragraph. Does it look the same? We will discuss that. I dont want to leave you with some sort of confusion. Gusto ko tandaan nyo there can be no substitution when it comes to delict as a source of obligation. Yun muna. Take note. When we discuss substitution under rule 3, take note. Bill of Particulars. Do you have this in criminal cases? It refers to what? Rule 116, section 9! Meron. We also have summons. Service and filing, thats in rule 13. I think you know the value of that today. In quezon city now, there is what you call presumptive service. There is presumptive service when service is made through couriers fedex, dsl. Summons. This is very important; any discussion on acquiring jurisdiction over the person of a defendant is by summons, unless there is a voluntary appearance. Is there summons in criminal cases? Di ko muna sasagutin. I want you to figure that out. Motions. Bear in mind the rule on motions under rule 15 applies to all cases, civil or criminal.if you file a motion in the court of appeals, do you need a notice of hearing consistent with rule 15? I will give you the answer but not the provision. Do you need a notice of hearing in the appellate court? No. walang notice. Motion to dismiss. When you talk of dismissal, you have it prompted by the defendant (16) and te plaintiff (17) and demurrer to evidence in rule 33. Who files that? The defendant. When? When the plaintiff has completed presentation of evidence. In criminal, when the prosecution rests its case. Is there a difference? No. Theyre the same. Pre-trial. Bear in mind, when we reach rule 118 I expect you to read the guidelines on pretrial and modes of discovery on 2004. Intervention. Important to take note of the timeline. Sub poena. Duces tecum and ad testificandum. Very important. Can you quash a sub poena? Wen do you quash, when do you oppose? Is it a compulsory process? When you compel an attendance by sub poena? Can a court issue a subpoena when there is no case? Deposition. Rule 23-29. Deposition pending action, pending appeal, before action, written interrogatories. Ang di ko lang na gamit is ang physical or mental examination because it is a mode of discovery with a very limited application. Even when a mode of discovery is labeled a fishing expedition, make a motion. Section 29 consequences for non-compliance. Can you be arrested if you fail to answer? Can you be arrested? We will discuss those cases. Trial. Highlights manner of presentation of evidence. Rule 30 should be read with Rule 132 section 5-7. Youll find that in the rules of evidence. You have to read it together. In the same manner as criminal procedure, read rule 190 in relation to rule 132. Aside from that, can the court render a judgment without a trial? What are the grounds for postponement? Is there delegated authority? Can the power

to hear the case be delegated? Who is a commissioner v a clerk of court? Now commissioner is treated as a referee. Thats a general provision. There are other specific provisions that mandatorily provide for a commissioner, like in expropriation or in judicial partition. Summary Judgment. Judgment on the pleadings and summary judgment. Kailangan memoryado nyo. Memorize and remember the distinction. Summary is good to use, you can make the case go faster. Judgment. Entry of judgment. Are decisions in civil cases promulgated? Or served? Separate judgment, several judgment, cases involving non juridical entites. There is what we call a motion for recon, motion for new trial. 38 is a petition for relief from judgment. How many kinds of petitions for relief do you have? From judgment, from proceeding, take note of that. Execution. Appeal. Importante lang you know what remedy to use. Can you go directly to the SC from the RTC? From the RTC to the CA? iba pa yung original action sa RTC at appellate jurisdiction. The only way to go to the SC from the lower court is 45 petition for review on certiorari NOT petition for certiorari. 46 56. Procedure in the CA and in the SC, on original cases. Tinanong to sa bar. original actions in the SC. Always remember the CA is not limited to the CA. Provisional remedies. 5. 1. Attachment 2. Preliminary injunction 3. Receivership 4. Repeleven 5. Support pendente lite. Can it be filed independently of a principal action? Saying in an action for replevin is wrong. It is recovery of personal property with an application for replevin. What are the remedies? Discharge or dissolve. Special Civil Actions. Interpleader. Declaratory relief. When do you apply for this? When you ask the court to interpret or determine validity, not from constitutionality. Take note: which court has original jurisdiction for declaratory relief? Review of decisions of COMELEC and COA. We will distinguish rule 64 from 65. Is 64 a petition for certiorari? We will study that. Quo warranto you remember usurpation. Is there quo warranto for a private corporation? Expropriation. There are two stages. The first stage is determining the right to expropriate, the second is determination of just compensation. Distinguish extrajudicial from judicial. Partition. Any co-ownership can be dissolved through partition. Ejectment. File an ejectment case rooted on unlawful detainer or forcible entry. Is a demand letter required? What should the contents be? Can you file an MR if you receive an adverse decision. Its a summary procedure. Appeal kaagad. Contempt. Direct or indirect contempt. If its in the presence of the judge, thats direct contempt. Any act of disrespect or any violation of an order of a court, indirect.