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ARM NOTES IN CIVIL PROCEDURE 2015

BASIC CONCEPTS IN REM LAW 25. Application of the Rules in


Impeachment Trial
19. What are the kinds of actions under The Rules of Evidence and procedure
the rules? shall be applied liberally and whenever they
1. Civil action; are practicable in Impeachment Trial
2. Criminal action;
3. Special Proceeding. 26. Application of Rules of Court in Civil
Forfeiture, Assets Preservation, and
20. What are the kinds of civil actions Freezing of Monetary Instrument, Etc.
under the rules? S1 Title I of A.M. 05-1104: The Revised
1. Ordinary Civil Action; Rules of Court shall apply suppletory when
2. Special Civil Action; not inconsistent with the provisions of this
3. Actions under the Rules on Summary special rules
Procedure
27. Application of Rules of Court in
21. What are the distinctions between Labor Cases
civil action, criminal action and special S3 R1 of NLRC Rules of Procedure: In the
proceedings under the rules? absence of any applicable provision in these
A civil action is one by which a party sues Rules, and in order to effectuate the
another for the enforcement or protection of objectives of the Labor Code, the pertinent
a right or prevention or redress of a wrong. provisions of the Rules of Court of the
A criminal action is one by which a states Philippines may, in the interest of
prosecutes a person for an act or omission expeditious dispensation of labor justice and
punishable by law. whenever practicable and convenient, be
A special proceeding is a remedy by which applied by analogy or in a suppletory
a party seeks to establish a status, right or character and effect.
particular fact.

22. Coverage of Civil Procedure? 28. Applicability of Rules of Procedure


a. Ordinary Rules on Civil Action (R 1-56) for Small Claims cases
b. Provisional Remedies (R 57-61) The Rules of Civil Procedure shall apply
c. Special Civil Action (R 61-72) suppletorily insofar as they are not
inconsistent with this Rule.
23. In what case the Rules of Court will
not apply?
a. Election cases
b. Land Registration Cases
c. Cadastral Proceedings
d. Naturalization Proceedings
e. Insolvency Proceedings
f. Other cases not mentioned in S4R1
g. Labor cases
h. Impeachment Cases

24. Suppletory application of Rules of


Court
The provisions in the ROC will be made to
apply only where there is an insufficiency in
the applicable rule

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6. Special or limited- One which restricts


the court’s jurisdiction only to particular
cases and subject to such limitations as
may be provided by the governing law.
Example: Probate Proceedings
Courts of Special Jurisdiction:
a. Sandiganbayan
b. CTA
c. Shari’ah District Court
d. RTC
e. Family Court
f. Shari’ah Circuit Court
g. MeTC, MuTC, MCTC

7. Original- power of the court to take


judicial cognizance of a case instituted for
judicial action for the first time under the
conditions provided by the law.
Courts with Original Jurisdiction:
a. SC
b. CA
c. Sandiganbayan
d. RTC
e. Shari’ah District/Cicuit Courts
f. MTCs

8. Exclusive- power to adjudicate a case or


proceeding to the exclusion of all others at
that stage

9. Exclusive and Original- the power of the


court to take judicial cognizance of a case
instituted for the first time under the
conditions provided by law and to the
exclusion of all other courts.
Courts with Exclusive and Original
Jurisdiction:
a. SC
b. CA
c. Sandiganbayan
d. RTC
e. Shari’ah District/Cicuit Courts
f. MTCs

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III. Basic Concept on Venue

3. Venue in Civil Cases vs Criminal


Cases

Venue in Criminal Cases Venue in Civil Cases

Venue is jurisdictional Venue is procedural and


for the purposes of
convenience of the parties
It is conferred by the It is agreed upon by the
provision of law parties
Improper venue is a Improper venue can be the
ground for a motion to subject of motion to
quash the complaint or dismiss based on improper
information on the ground venue
of lack of jurisdiction
In case of denial of motion In case of denial of
to quash on ground of lack motion to dismiss on the
of jurisdiction over the ground of improper venue
offense charged the is to file the answer with
remedy is to proceed with the remaining balance of
the arraignment. the period to file a
responsive pleading, but in
no case less than 5 days
and raised the ground as
an affirmative defense,
proceed with the trial and
in case of adverse
decision appeal the same.

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IV. COMMENCEMENT OF A CIVIL


ACTION

1. How to commence a civil action?


A Civil Action is commenced by the filing of
the original complaint with the court plus the
payment of a corresponding docket and
other legal fees.

2. When is a small claim action


deemed commenced?
In small claims cases, it can be commenced
by filing with the court an accomplished
Verified Statement of Claim in duplicate and
accompanied by a Certificate of Non-forum
Sopping and 2 duly certified photocopies of
actionable document as well as the affidavits
of witnesses and other evidence to support
the claim and the payment of docket and
other legal fees unless allowed to sue as an
indigent

3. Effect of filing of complaint in


court tolls the running of the
prescriptive period
Art. 1155. The prescription of actions is
interrupted when they are filed before the
court, when there is a written extrajudicial
demand by the creditors, and when there is
any written acknowledgment of the debt by
the debtor.

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V. Liberal Construction of the Rules

4. Rules of evidence and procedure


shall be liberally construed in
Impeachment Trial Cases
Art VI Rules of Impeachment Trial. Rules of
evidence and procedure shall be liberally
construed.

5. Power of the Supreme Court to


suspend its own rules
discretionary: Grounds for
suspension
The courts have the power to relax or
suspend technical or procedural rules or to
except a case from their operation when
compelling reasons so warrant or when the
purpose of justice requires it.
Other Grounds:
a. The existence of special or
compelling circumstance
b. The merits of the case
c. A cause not entirely attributable to
the fault or negligence of the party
favored by the suspension of the
rules
d. A lack of showing that the review
sought is merely frivolous and
dilatory
e. The other party will not be unjustly
prejudiced thereby.

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CHAPTER II

A. CONSTITUTIONAL PROVISION

1. Expanded Definition of Judicial


Power and Its Coverage
A8 S1. The judicial power shall be vested
in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the
courts of justice to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the Government.

2. Due Process Law


A3 S1. No person shall be deprived of life,
liberty, or property without due process of
law.

3. Equal Protection of the Laws


A3 S1. Nor shall any person be denied the
equal protection of the laws.

4. Right to Eminent Domain


A3 S9. Private property shall not be taken
for public use without just compensation

5. Right to Speedy Trial


A3 S16. All persons shall have the right to
a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.

6. Power of the Congress to Enact


Laws Affecting the Jurisdiction of
the Supreme Court
A6 S30. No law shall be passed increasing
the appellate jurisdiction of the Supreme
Court as provided in this Constitution without
its advice and concurrence.

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Chapter IV grounds apparent therefrom for the dismissal


Katarungnang Pambarangay Law of a civil action.

9. What are the effects of non-referral of d. Dismissal of the case for non-
the case with the Barangay? compliance with barangay under
It is well-settled that the non-referral of a the Rules on Summary
case for barangay conciliation when so Proceedings? Remedy?
required under the law is not jurisdictional in Sec. 18. Referral to Lupon. — Cases
nature and may therefore be deemed waived requiring referral to the Lupon for conciliation
if not raised seasonably in a motion to under the provisions of Presidential Decree
dismiss. No. 1508 where there is no showing of
compliance with such requirement, shall be
10. Non-compliance with barangay dismissed without prejudice and may be
conciliation, a ground for a Motion revived only after such requirement shall
Dismiss for failure to comply with the have been complied with. This provision
condition precedent shall not apply to criminal cases where the
A16 S1. Grounds.- Within the time for but accused was arrested without a warrant.
before filing the answer to the complaint or
pleading asserting a claim, motion to dismiss e. What is the nature of the dismissal
may be made on any of the following for non-compliance with barangay
grounds: conciliation
(j) That a condition precedent for filing the Dismissal of the case for failure to refer to
claim has not been complied with. barangay is without prejudice and cannot be
revived by motion after it becomes final.
a. What is the nature of dismissal?
The dismissal of the case for failure to f. What is the remedy in case of
comply with the condition precedent of non- dismissal?
referral of the case to the barangay for the (1) It may be revived by motion within fifteen
purpose of conciliation is without prejudice. day period from the notice of order of
dismissal after such requirement has
b. What is the remedy of the plaintiff/ been complied with
claiming party? (2) Compliance with the rule and re-filing of
(1) Before the finality of the order of the case.
dismissal, comply with the requirements and
motion to revive; 11. Effect of Amicable Settlement at the
(2) After the order of dismissal becomes final Barangay Level
and executory, re-file the case after An amicable settlement shall have the force
compliance with the condition precedent and effect of a final judgment of the court
upon the expiration of 10 days from the date
c. Motu proprio dismissal of the case thereof, unless repudiation of the settlement
for failure to comply with the has been made or a petition to nullify the
barangay conciliation under the award has been filed before the proper court
Rules on Summary Procedure
12. Amicable Settlement has the force
Sec. 4. Duty of court. — After the court and effect of law: Ground for repudiation
determines that the case falls under of amicable settlement
summary procedure, it may, from an The amicable settlement executed by the
examination of the allegations therein and parties before the Lupon on the arbitration
such evidence as may be attached thereto, award has the force and effect of a final
dismiss the case outright on any of the judgment of a court upon the expiration of 10
days from the day thereof, unless the

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settlement is repudiated within the period prescriptive periods for offenses and cause
therefor, where the consent is vitiated by of action under existing laws shall be
force, violence or intimidation, or a petition to interrupted upon filing the complaint with the
nullify the award is filed before the proper city punong barangay. The prescriptive periods
or municipal court. The repudiation of the shall resume upon receipt by the
settlement shall be sufficient basis for the complainant of the complainant or the
issuance of a certification to file a complaint. certificate of repudiation or of the certification
to file action issued by the lupon or pangkat
13. What are the rules of venue of referral secretary: Provided, however, That such
of the case to the barangay? interruption shall not exceed sixty (60) days
LGC Section 409. Venue. - from the filing of the complaint with the
(a) Disputes between persons actually punong barangay.
residing in the same barangay shall be (d) Issuance of summons; hearing;
brought for amicable settlement before the grounds for disqualification - The pangkat
lupon of said barangay. shall convene not later than three (3) days
(b) Those involving actual residents of from its constitution, on the day and hour set
different barangays within the same city or by the lupon chairman, to hear both parties
municipality shall be brought in the barangay and their witnesses, simplify issues, and
where the respondent or any of the explore all possibilities for amicable
respondents actually resides, at the election settlement. For this purpose, the pangkat
of the complaint. may issue summons for the personal
(c) All disputes involving real property or appearance of parties and witnesses before
any interest therein shall be brought in the it. In the event that a party moves to
barangay where the real property or the disqualify any member of the pangkat by
larger portion thereof is situated. reason of relationship, bias, interest, or any
other similar grounds discovered after the
14. Procedure for amicable settlement constitution of the pangkat, the matter shall
LGC Section 410. Procedure for Amicable be resolved by the affirmative vote of the
Settlement. - majority of the pangkat whose decision shall
(a) Who may initiate proceeding - Upon be final. Should disqualification be decided
payment of the appropriate filing fee, any upon, the resulting vacancy shall be filled as
individual who has a cause of action against herein provided for.
another individual involving any matter within (e) Period to arrive at a settlement - The
the authority of the lupon may complain, pangkat shall arrive at a settlement or
orally or in writing, to the lupon chairman of resolution of the dispute within fifteen (15)
the barangay. days from the day it convenes in accordance
(b) Mediation by lupon chairman - Upon with this section. This period shall, at the
receipt of the complaint, the lupon chairman discretion of the pangkat, be extendible for
shall within the next working day summon the another period which shall not exceed fifteen
respondent(s), with notice to the (15) days, except in clearly meritorious
complainant(s) for them and their witnesses cases.
to appear before him for a mediation of their
conflicting interests. If he fails in his 15. Actions of the court in case of non-
mediation effort within fifteen (15) days from compliance with the conciliation
the first meeting of the parties before him, he proceedings
shall forthwith set a date for the constitution A case filed in court without compliance with
of the pangkat in accordance with the prior Barangay conciliation which is a pre-
provisions of this Chapter. condition for formal adjudication may be
(c) Suspension of prescriptive period of dismissed upon motion of defendants, not for
offenses - While the dispute is under lack of jurisdiction of the courts but for failure
mediation, conciliation, or arbitration, the to state a cause of action or prematurity, or

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the court may suspend proceedings upon


petition of any party under S1 R21 of ROC
and refer the case motu proprio to the
appropriate barangay authority, applying by
analogy S 408(g), 2nd par of Revised
Katarungang Pambarangay Law.

16. Lack of conciliation process does not


affect the jurisdiction of the court once it
acquires jurisdiction over the subject
matter and defendant
The conciliation process is not a
jurisdictional requirement, so that non-
compliance therewith cannot affect their
jurisdiction which the court has otherwise
acquired over the subject matter or over the
person of the defendant.