ATENEO CENTRAL BAR OPERATIONS 2019 JORGE ALFONSO C. MELO Bar Review Coordinator LEILA S, LIM ‘ar Review Secretariat ATENEO CENTRAL BAR OPERATIONS PATRICK EDWARD BALISONG Chairman KATRINA Y. COSCOLLUELA, JONATHAN VICTOR NOEL CZARINA CHER CUERPO GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO ‘Administration Commitee Heads Academies Commitee Heads Hote Operations Commitee Heads JUDGE JAIME FORTUNATO A. CARINGAL, ATTY. JORGE ALFONSO C. MELO ATTY. STEPHEN GEORGE S.D. AQUINO ‘ATTY. RONALD C. CHUA ATTY, EUGENIO H, VILLAREAL REMEDIAL LAW Faculy Advisors MICHELLE KRISTINE ANTE JERRY SANTOS JR MEGAN MARCOS ROSEL RICA VALLE BIANA ISABEL SORIANO MA. REGINE CALLUENG MAYUMI GLOR MATSUMURA JENNISE ANN SEE PETER PAOLO DIM Ill REMEDIAL LAW Subject Heads EUNICE A. MALAYO FRANCES CHRISTINE F. SAYSON ‘Cental Bar Operations Academics Understudies JAAMES ERWIN VELASCO GIA MORDENO ICA SALAZAR ‘ANDREA DE VERA GERARD ANDRE BARRON DEBBIE YRREVERRE TOPHER BALAGTAS JOSE DA SILVA NICOLE VELANDRES ABIGAYLE RECIO. (CHRISTIAN CANDELARIA GABBI SUNGCAD HAZEL ORTEGA LEIGH NUFUAR ERVIN HILADOMARIA ANGELICA TORIO MYREEN RAGINIO PATRICIA DOLATRE ALA PANDAPATAN REYNALEIGH DELOS REYES HAZEL ORTEGA MIKKI DOROJA (CHOOGEE GUERRERO JAY-EM CUNTAPAY REMEDIAL LAW Volunteers MARK SY ENRIQUE LOPEZ It WENDELL LAXAMANA, ‘CHLOE NUNEZATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW 1. GENERAL PRINCIPLES: IN REMEDIAL LAW Q: What is remedial law? ‘A: Itis a branch of aw that prescribes the methods of enforcing rights and obligations created by substantive law. (Bustos vs. Judge Lucero, G.R. No. L-2068, 1948) Compare substantive and remedial law. Pecan) Sieur Creates, defines and | Prescribes the regulates rights and methods of enforcing duties concerning life, | rights and obligations liberty or property | created by substantive which when violated | law. It provides a ives rise to a cause of | procedural system for action. obtaining redress. for the invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tied and decided upon by the courts. (Bustos. vs. Lucero, GR. No, L-2068, 1948) Q: What are the limitations on the rule-making power of the Supreme Court under the Constitution? A a. The ules shall provide a simplified and inexpensive procedure for the speedy disposition of cases; b. The rules shall be uniform for courts of the same grade; and c. The rules shall not diminish, increase, or modify substantive rights (Put. Const. art Vull, § 6.) : What is the doctrine of hierarchy of courts? ‘A: The judicial system follows a ladderized scheme which in essence requires the lower courts to initially decide on a case before it is considered by a higher court. A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts (Santiago v. Vasquez, G.R. Nos. 99289.90, 1993). AA direct invocation of the Supreme Cour's original jurisdiction to issue this writ should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. (Republic v. Caguioa, G.R. No. 174385, 2013) Q: What is the exhaustion of administrative remedies? A: The general rule is that before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes. The issues which administrative agencies are authorized to decide should not be summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. (Addition Hills v. Megaworld, G.R. No. 175039, 2012 citing Republic v. Lacap, G.R. No. 158253, 2007) : What is the doctrine of judicial hierarchy? A: The judicial hierarchy of courts generally applies to cases involving warring factual allegations. For this reason, Itigants are required to repair to the trial courts at the first instance to determine the truth or falsity of these contending allegations on the basis of the evidence of the parties. Cases which depend on disputed facts for decision cannot be brought immediately before appellate courts as they are not triers of facts, Be that as it may, its not an iron clad rule. A strict, application of the rule of hierarchy of courts is not necessary when the cases brought before the appellate courts do not involve factual but legal questions. (Mangaliag v. Catubig-Pastoral, GR. No. 143951,2005) @: What is the doctrine of judicial non- interference? ‘A: The doctrine of judicial stability or non- interference in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another ‘court of concurrent jurisdiction having the power to grant the relief sought by the injunction. The rationale for the rule Is founded on the concept of jurisdiction: a court that acquires jurisdiction over PAGE 1 OF 152ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW | order of some lower the case and renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts, for its execution and aver all its incidents, and to contro, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment. (Cabillv. Balindong, A.M. No. RTJ-10-2225, 2011). Q: Distinguish between general and special jurisdiction. e ———— court to adjudicate all | the court's jurisdiction Saesrueayee | iy oe ooiapg etree | seatentosera cenedenes | semiencers| plenary powers of the | may be provided by | ase Wonence toa | Peorertn: controversies which | confined to particular | Sy CsI tenor | cnn cee seealsTomnt cena SoMa Na esa oaieayat | ue ealemons gas eneaee | scieerearas motel bye eae ee ee eee fatedteton f ae court to tke heal | autor? onfoned Sere ese teens ocean srtted for justia [anwar and sinter twee | etre ones | ar‘, sancons | wc neve a ses aioe) mea at suse ese eae iS caeetorom by eppee! or wt of es aap Scien eta tome apes Cala oeaae @: Distinguish between exclusive and concurrent jurisdiction. Err CONS It is the power or] it is the power authority of the court | conferred upon tohear and determine | different courts, cases to the exclusion | whether of the same ofall other courts | or different ranks, to take cognizance at the same stage of the same case in the same or different judicial territories Q: What are the other classifications of jurisdiction? A a. Exclusive Original - The power of the court to take judicial cognizance of a case instituted for Judicial action for the first time under the conditions provided by law, and to the exclusion of all other courts b. Delegated - The grant of authority to inferior courts to hear and determine cadastral and land registration cases under certain conditions . Territorial ~ It is the power and authority to exercise its power within its territorial region (Tan, Civil Procedure Book I: A Guide for the Bench and the Bar, 2017, pp. 99-104) hat is the doctrine of hierarchy of courts? The judicial system follows a ladderized scheme which in essence requires the lower courts to initially decide on a case before it is considered by a higher court. A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts (Santiago v. Vasquez, G.R. Nos. 99289-90, 1993) ‘A direct invocation of the Supreme Court's original jurisdiction to issue this writ should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. (Republic v. Caguioa, G.R. No. 174385, 2013) PAGE 2 OF 152ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW Q: What Is the doctrine of adherence of jurisdiction? ‘A: Once jurisdiction has attached, it cannot be ‘ousted by subsequent happenings or events, although the event is of such character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case (Baritua v. Mercader, G.R. No. 136048, 2001). @ How is jurisdiction over the plaintiff acquired? ‘A: Jurisdiction over the person of the plaintiff is acquired by the filing of the initiatory pleading, such as a complaint (De Joya v. Marquez, G.R. No. 162416, 2006). Q: How is jurisdiction over the subject matter acquired? ‘A; Jurisdiction of the Court over the subject matter is conferred by law and determined by the allegations in the complaint (Ursua vs. RP, GR No. 178193, 2012) @: How is jurisdiction over the issues acquired? A: Itis acquired or conferred by the pleadings (De Joya v. Marquez, G.R. No. 162416, 2006). Q: How is jurisdiction over the res or property acquired? ‘A: It is acquired by the seizure of the thing under legal process or it may result from the institution of legal proceedings (De Joya v. Marquez, G.R. No. 162416, 2006). Q: Compare venue and jurisdiction. A eeu Wes Authority to hear and | Place where the case determine a case is to be heard or tried ‘A matter —_of | A matter of procedural substantive law law Establishes a relation | Establishes a relation between the court and | between plaintiff and the subject matter | defendant, or petitioner and respondent Fixed by law and] May be conferred by cannot be conferred | the act or agreement by the parties of the parties (e.g. a contractual stipulation can contain the following: "In case of dispute arising. from this contract, a party shall fle a suit exclusively with the Regional Trial Court of Pasig City’) (Nocum v. Tan, G.R. No. 145022, 2005) Lack of jurisdiction | Not a ground for a over the subject matter | motu proprio dismissal js a ground fora motu | (except in cases proprio dismissal subject to Summary Procedure) Cannot be waived —_| May be waived only in cases. In criminal cases, venue is jurisdictional (Nocum v. Tan, G.R. No. 145022, 2008, Dacoycoy v. IAC, G.R. No. 74854, 1991) Q: What happens when the venue is improperly laid? A; In civil proceedings, venue is procedural, not jurisdictional, and it may be waived by the defendant if not seasonably raised elther in a motion to dismiss or in the answer (BP! Family Savings Bank, Inc. v. Yujuico, G.R. No. 175796, 2018) PAGE 3 OF 152