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ATENEO DE ZAMBOANGA
UNIVERSITY
COLLEGE OF LAW
SYLLABUS ON
REMEDIAL LAW
REVIEW (PART
I) As Prepared
by ATTY.
FLORIZA P.
SALES and
Prescribed for 4th
Year Law
Students
Atty. Floriza Sales | Remedial Law Review
1) Distinction between:
a) civil and criminal actions;
Criminal action- it is an action by
which the State prosecutes a person
for an act or omission punishable
by law.
Civil action one by which a party
sues another for the enforcement or
protection of a right or the
prevention or redress of a wrong.
b) ordinary and special civil
action;
Ordinary Civil
Action
Governed by
ordinary rules
Formal demand
of ones legal
rights in a court
Atty. Floriza Sales | Remedial Law Review
Special Civil
Action
Also governed by
ordinary rules but
SUBJECT to
specific rules
prescribed. Rules 62
to 71.
Special features not
found in ordinary
civil actions.
of justice in the
manner
prescribed by the
court for by the
law.
c) civil action and special
proceedings.
Action
Special
Proceedings
To protect or
To establish a
enforce a right or status, right or a
to prevent or
particular fact.
redress a wrong.
Initiated by
Initiated by petition
complaint
Definite parties
Definite petitioner,
no definite adverse
party.
Answer is filed
Opposition is filed.
Handled by court Heard by court of
of general
limited jurisdiction
jurisdiction
Adversarial
Not adversarial
Atty. Floriza Sales | Remedial Law Review
Statutes of
limitations
applies
15-day appeal
period
No statute of
limitations
30-day appeal
period
2) Classification of
Actions:
a) According to
cause/nature/foundation
Real Action
Personal
Action
Ownership or Personal
possession of propert is
real property sought to
is involved.
be
recovered
or where
damages
for breach
of contract
are sought.
Founded on Founded
privity of real on privity
estate.
of
contract.
Filed in the
Filed in the
court where
court
the property hwere the
or any part
plaintiff or
any of the
Atty. Floriza Sales | Remedial Law Review
Mixed
Action
Both real
and
personal
properties
are
involved.
Founded
on both.
The rules
on venue
of real
actions
there of is
situated.
defendants
resides, at
the option
of the
plaintiff.
Ex. Accion
Ex. Action
reinvidicatoria for sum of
money
shall
govern.
Ex.
Accion
publiciana
with a
claim for
damages.
10
Transitory Action
Dependent on the
place where the
party resides
regardless of where
the cause of action
arose subject to
Rule 4, Section4.
Ex. Action to
recover sum of
money
Action in
Personam
Direct
Directed
against the against
thing itself.
Atty. Floriza Sales | Remedial Law Review
Action
Quasi In
Rem
Directed
against
11
particular
persona.
Jurisdiction Jurisdiction
over the
over the
person of person of
the
the
defendant defendant IS
is not
required.
required.
particular
persons.
Jurisdiction
over the
person of
the
defendant
is NOT
required as
long as
jurisdiction
over the res
is acquired.
A
An action to A
proceeding impose a
proceeding
to
responsibility to subject
determine or liability
the interest
the state or upon a
of a named
condition person
defendant
of a thing. directly.
over a
particular
property to
an
obligation
or lien
Atty. Floriza Sales | Remedial Law Review
12
Jdugment
is binding
on the
whole
world.
Judgement is
binding only
upon parties
impleaded or
their
successors in
interest.
Ex. Probate Ex. Action
proceeding; for specific
cadastral
performance;
proceeding action for
breach of
contract
burdening
it.
Judgment
binding
upon
particular
persons.
Ex. An
action for
partition
action to
foreclose
real estate
mortgage
13
D. Commencement of
Actions Section 5, Rule 1.
Section 5. Commencement of action. A
civil action is commenced by the filing
of the original complaint in court. If an
additional defendant is impleaded in a
later pleading, the action is commenced
with regard to him on the dated of the
filing of such later pleading, irrespective
of whether the motion for its admission,
if necessary, is denied by the court. (6a)
1) Elements of a valid jurisdiction in
civil cases. How obtained.
1. The filing of the complaint.
2. Payment of Docket Fees
14
3) Jurisdiction of the
Supreme Court, Section 5,
Article VIII, 1987
Constitution (concurrent
Atty. Floriza Sales | Remedial Law Review
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
JORGE
J.
HUGUETE
and
YOLANDA B. HUGUETE vs.
SPOUSES TEOFEDO AMARILLO
EMBUDO
and
MARITES
HUGUETE-EMBUDO, G.R. No.
149554, July 1, 2003
Facts: Spouses Huguete filed for
annulment of Title against the Embudo
Spouses. Pets alleged that their son-inlaw, Teofredo, sold to them a 50 sqm
portion of his 150 sqm land in Cebu for
Atty. Floriza Sales | Remedial Law Review
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
vs.SANDIGANBAYAN
and
REPUBLIC OF THE PHILIPPINES,
G.R. No. 157438, October 18, 2004;
Evangelista vs. Santiago, 457 SCRA 744).
Sections 3 and 4 One suit for a single
cause of action, effect of splitting a single
cause of action, the filing of one or
judgment on the merits to any one shall
be a ground for the dismissal of the other.
(litis pendentia or res judicata.
Sections 5 and 6 Joinder of causes of
action and misjoinder of causes of action;
conditions to effect a valid joinder of
causes of action; effects of misjoinder.
Rule 3 Parties to Civil Action 1) Section 1 Who may be parties (
plaintiff and defendant)
2) Section 2 Parties in Interest Real
party in interest
53
54
55
REGIONAL
56
57
58
59
60
61
62
63
personal service
64
(2)
(3)
service by mail
substituted service
Rule 14 Summons
a) Who will issue summons; what
are its contents; who will serve
summons and return; alias summons
(Sections 1 to 5).
Atty. Floriza Sales | Remedial Law Review
65
66
67
68
69
70
71
72
73
74
Rule 21 Subpoena
a) Distinction between subpoena
and subpoena duces tecum; by whom
issued; form and contents (Sections 1
to 3);
b) Quashing a subpoena; subpoena
for deposition; service; personal
appearance in court; compelling
attendance; sanctions as contempt
and exceptions (Sections 4 to 10).
Rule 22 Computation of Time
a) How to compute time; effect of
interruption (Sections 1 to 2).
MODES OF DISCOVERY Rule 23
to Rule 29 (Virata vs. Sandiganbayan, G.R.
No. 114331; May 27, 1997).
Rule 23 Deposition Pending Action
75
76
77
78
79
80
81
82
83
Kinds of judgments:
84
New
Reconsideration
Trial
or
85
86
87
88
89
90
91
92
93
94
95
96
Professor
13 May 2015