Part 1

Chapter 1

Preliminary Consideration

I. Definition of Terms

1. Remedial Law - that branch of law which prescribes the METHOD of

a. enforcing the rights OR
b. obtaining redress for their invasion.
2. Remedial Statutes - those relating to REMEDIES or MODES OF PROCEDURE, which
a. do not create new or take away VESTED RIGHTS [but only operate in furtherance of
the remedy or confirmation of rights already existing] => NATURE OF REMEDIAL
LAW,
b. do not come within the
i. legal conception of a retrospective law, OR
ii. general rule against the retrospective operation of statutes
3. Procedural Law - adjective law which prescribes RULES and FORMS of PROCEDURE in
order that COURTS may be able to ADMINISTER JUSTICE. [... do not come... legal
conception... or the general rule... that may be given RETROACTICE EFFECT on actions...]
4. Substantive Law - a law which CREATES and DEFINES substantive rights.

NWCA Substantive Law Procedural Law

Nature creates, defines, and regulates prescribes the RULES and FORMS of
RIGHTS procedure in the administration of
justice
Waivable cannot be waived can be waived
Creator enacted by Congress promulgated by the SC
Application may be given Retroactive application shall be given Prospective Application

5. Court 6. Constitutional Court 7. Statutory Court

a tribunal clothed with power established by the established by law.
and authority to Constitution.
ENTERTAIN and RESOLVE
legal disputes... to carry out
the dispensation of justice...

8. Judge - a PUBLIC OFFICER who exercises the power of the court in the dispensation of
justice.

WSC Court Judge

What/Who a tribunal... a public officer...
Status permanent status or existence temporary
Creator established by law or the appointed by the President of the

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 Constitution Philippines upon JBS recom.

9. Court of Law 10. Court of Equity

DECIDES a CASE according ADJUDICATES a CONTROVERSY according to the
to what the promulgated law is. common precepts [general rule] of what is right and just
without inquiring into the terms of the statutes.
Philippine courts exercise both legal and equitable jurisdictions.

11. Civil Action 12. Criminal Action 13. Special Proceeding - a

a party sues another for the
 enforcement or protection
of a RIGHT, or
 prevention or redress of a
WRONG
the State prosecutes a
person for an act or
omission punishable by law.
remedy by which a party
seeks to establish a
a. status
b. right, or
c. particular fact

Civil action Criminal action Special proceeding

Definition:

Governing rules: Rules 110-127 Rules 72-109

Rules 1-71
Basis: acts or omission in violation particular facts, status, or a
cause of action of penal laws right sought to be established
Nature: adversarial and prosecutorial non-adversarial, except when
Proceeding is adversarial there is an
since it involves 2 contending oppositor/respondent
parties
Parties: Prelim investigation: Petitioner and oppositor or
- plaintiff and defendant complainant and respondent respondent (when opposed)
- petitioner and respondent Criminal action:
(special civil action) the State and the accused

14. Judicial Power - includes the duty of the courts of justice to

a. SETTLE actual controversies involving RIGHTS which are legally demandable and
enforceable, and
b. DETERMINE whether or not there has been a grave abuse of discretion amounting to
lack or excess jurisdiction [GAD-ALEJ]
15. Jurisdiction - the power of the court (POC) to HEAR and DECIDE cases, and to EXECUTE
the judgment thereon.

http://lex-estudyante.blogspot.com/2012/06/classification-of-jurisdiction.html

16. General Jurisdiction 17. Special or Limited Jurisdiction

the POC to ADJUDICATE all controversies EXCEPT RESTRICTS the court's jurisdiction
those expressly WITHELD from the PLENARY only to PARTICULAR cases...
[complete] PsOC

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 18. Original Jurisdiction
the POC to take judicial
cognizance of a case
instituted for judicial
action for the FIRST
TIME...
19. Exclusive Jurisdiction 20. Exclusive original Jurisdiction
the power to adjudicate a the POC to take judicial cognizance
case or proceeding to the of a case instituted for judicial
EXCLUSION of all other action for the FIRST TIME... and
COURTS... to the EXCLUSION of all other
COURTS...

21. Appellate Jurisdiction 22. Territorial Jurisdiction

 the power and authority of a SUPERIOR court to REHEAR the geographical area
and DETERMINE causes which have been tried in LOWER within which its powers
COURTS, can be exercised... [MTC,
 the cognizance which a SC takes of a case removed [by RTC, SC/CA]
appeal or writ of error] from the DECISION of a LC, OR
 the review by a SC of the FINAL JUDGMENT or ORDER
of some LCs

23. Concurrent/confluent or coordinate jurisdiction 24. Delegated jurisdiction

the power conferred upon different courts, whether of the the grant of authority by the
same or different ranks, to take cognizance at the same stage Supreme Court to inferior
of the same case in the same or different judicial territories courts to hear and determine
as a rule, to file their petitions before the lower-ranked cases...
court.]
[The Supreme Court, CA, andthe RTC have concurrent original jurisdiction over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus, parties are directed,

25. Venue - the place where the case shall be instituted, heard and tried.

26. Question of Law 27. Question of Fact

exists when there is doubt or controversy as to exists when the doubt or controversy arises as
what law is on a certain state of facts to the truth or falsity of the alleged facts

28. Action 29. Cause of Action 30. Right of Action

a suit filed in court for the
protection and enforcement of
a right and the prevention and
redress of a wrong
the DELICT or wrongful act
or omission committed by the
defendant in violation of the
primary rights of the plaintiff
the remedial right or right of
RELIEF granted by law to a
party to institute an action
against a person who has
committed a delict...

31. Real Action 32. Personal Action

an action affecting title to or an action which seeks to recover PERSONAL PROPERTY,
possession of REAL enforcement of a contract, or the recovery of damages, e.g.,
PROPERTY... an action for specific performance.

33. Mixed Action 34. Local Action 35. Transitory action

an action wherein the plaintiff an action which is required by an action the VENUE of
JOINS TWO OR MORE the rules to be instituted in a which is dependent generally

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 CAUSES OF ACTIONS
based on the same act or
occurrence, one of which is a
real action, e.g., an action to
annul a sale of land and to
recover the land
36. Action in Rem
not directed only against
particular person, but against
the THING itself, and the
object of which is to bar
indifferently ALL who might
make any objection against
the right sought to be
enforced -> JUDGMENT is
BINDING upon the WHOLE
WORLD,
 Jurisdiction over the res is
necessary (seizure of the
property under legal
process
e.g., cadastral and land
registration proceedings
39. Pleading
written statements of the
respective CLAIMS and
DEFENSES of the parties...
42. Complaint - pleading alleging the plaintiff's cause of action.
43. Compulsory
Counterclaim
a pleading connected with the
transaction or occurrence
constituting the subject matter
of the opposing party's
claim... does not require the
presence of the 3rd party
whom the court cannot
acquire jurisdiction
46. Cross Claim
any claim by one party against a co-party
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particular PLACE
37. Action in Personam
directed against particular
persons on the basis of their
personal liability to establish
a claim against them ->
JUDGMENT is BINDING
only upon the PARTIES
IMPLEADED...,
 Jurisdiction over the
person is necessary
e.g., recovery of damages,
specific performance, action
for injunction, rescission of
contracts
40. Initiatory Pleading
filed before the court which
commence an action
44. Permissive Counterclaim
a pleading asserting a claim
NOT CONNECTED ... of the
opposing party's claim...
requires the presence of the
3rd party whom the court
CAN acquire jurisdiction
47. Counter Cross-claim
claim. by the defending party against the
upon the RESIDENCE of the
parties regardless of where
the cause of action arose
38. Action Quasi in Rem
directed against particular
persons but the purpose of
which is to bar and bind not
only said persons but any
other person who claims any
interest in the property or
right subject of the suit
e.g., foreclosure of mortgage,
partition (Rule 69),
attachment (Rule 57), others
which exclude defendant's
interest over the property
41. Responsive Pleading
responds to the pleadings of
the adverse party
45. Counter Counterclaim
claim by the defending party
against the counter-claimant
 arising out of the transaction or occurrence original cross-claimant
that is the subject matter either of the original
action or of a counter claim

48. 3rd/4th party complaint 49. complaint-in-intervention

a claim that a defending party may file against
a person NOT a PARTY to the action called
the 3rd/4th party defendant for
CONTRIBUTION, indemnity, subrogation or
any other relief, in respect of his opponent's
claim.
a pleading filed before the court with leave of
court by a person who has a legal interest in
the matter in litigation, ... or situation as to be
adversely affected by a DISTRIBUTION or
other disposition of a party in the custody of
the court...

50. Answer 51. Reply

a pleading in which a a pleading, the function of which is to DENY, or ALLEGE
defending party sets forth his facts in denial or AVOIDANCE of new matters alleged by
defenses way of defense in the ANSWER...

52. Laches - it is
a. failure or neglect, for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence, could or should have been done earlier
b. negligence or omission to assert a right within a reasonable time, warranting the
presumption that the party has either abandoned or declined to assert it

53. Splitting a cause of action

54. Real party-in-interest - the party who stands to be benefited or injured by the judgment in
the suit

55. Representative Party 56. Indispensable Party 57. Necessary Party

where the action is allowed
to be prosecuted or
defended by a representative
or someone acting in a
fiduciary capacity, the
beneficiary shall be included
in the title of a case and shall
be deemed to be the real
party in interest.
party-in-interest without
whom no final determination
can be had of the
action, and who shall be
joined either as
plaintiff or defendant.
one who is not indispensable,
but needed as a party if
complete relief is to be
accorded, or for a complete
determination or settlement
of the claim subject of the
action.

58. Class Suit 59. Derivative Suit 60. Citizen Suit

represent the entire class of
persons who have the same
interest or who suffered the
same injury; real parties in
interest and are not suing
commenced by a stockholder
for and in behalf of the
corporation to question or
enjoin a corporate act which
is prejudicial to the interest
where a Filipino can invoke
environmental laws on behalf
of other citizens including
those yet to be born.

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 merely as representatives of the corporation and the
stockholder/s has left with no
other remedy because the
board itself which is
supposed to safeguard the
interest of the corporation
refuses to act or is the one
involved in the questioned
corporate act. 

61. Indigent party/litigant/formal pauperis - one who has no money or property, sufficient and
available for food, shelter and basic necessities for himself and his family

62. Verification
63. Forum Shopping
act of a party of seeking and possibly getting
a favorable opinion in another forum [after
an adverse judgment has been rendered
against him in one forum] other than by
appeal, or a special civil action for certiorari
or the institution of two or more actions or
proceedings grounded on the SAME
CAUSE...
64. Litis Pendentia (a pending suit)
 a ground for dismissal of a civil action;
 the situation where two actions are pending
between the same PARTIES for the same
CAUSE OF ACTION so that one of them
becomes unnecessary
 based on the policy against multiplicity of
suits

65. Actionable document - relied upon

66. Motion ex-parte - not debatable issue
67. Motion of course

68. litigated 69. non-litigated 70. special 71. oral motion 72. written
motion motion motion motion

73. omnibus motion rile

74. filing of the pleading
75. service (see #128)

76. order of default 77. judgment by default

if no person appears and answers
within the time allowed

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78. extrinsic fraud - unsuccessful party is prevented from exhibiting fully his case by fraud, or
deception practiced on him by his opponent

79. Accident 80. Mistake 81. Excusable Negligence

82. Amendment

83. Bill of Particulars 84. Motion for Bill of Particulars

a written demand for the specifics of why an The motion shall specify the alleged defects
action at law was brought to enable him of the complaint or information and the
properly to plead and prepare for trial. details desired. 

85. Lis Pendens 86. Notice of Lis Pendens

pending suit... the jurisdiction, power or
control which a court acquires over a
property involved in a suit, pending the
continuance of the action, until final
judgment
notice to the whole world that a particular
real property is in litigation. The inscription
serves as a warning that one who acquires
interest over litigated property does so at his
own risk, or that he gambles on the result of
the litigation over the property

87. Motion to Dismiss

88. Arbitration
89. Strategic Lawsuit against Public Participation
90. Intervention
91. Negative Defense 92. Affirmative Defense
denial of the material fact alleged in the  allegation of new matter
pleading  admitting the material allegations in the
pleading

93. Deposition 94. Pre-trial Conference 95. Mode of Discovery

 testimony of a witness
 in writing
 under oath or affirmation
 before a commissioner,
examiner or other judicial
officer
 in answer to interrogatory
 subscribed by the witness
procedural device to a device to obtain information
 narrow issues to be tried about relevant matters on the
 secure stipulations as to case from the adverse party in
matters and evidence to preparation for trial
be heard
take all other steps necessary
the actions taken are made the
subject of an ORDER which
controls the future course of
action

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 96. Letter of Commission 97. Letter Rogatory
conduct of deposition foreign court, foreign witness

98. Interrogatory 99. Admission

questions in writing a statement of fact by a party against his
interest

100. Trial - judicial process of investigating and determining the legal controversies.. production
of evidence... closing arguments...

101. Judgement - final ruling by a court of competent jurisdiction

102. Judgment by 103. Judgment upon the merits 104. Clarificatory judgment
confession amounts to a legal declaration of difficult to execute and
a voluntary act of the the respective rights and duties comply because of ambiguity
defendant of the parties based upon in its terms
disclosed facts

105. Judgement nunc pro tunc (now for 106. Judgement sin perjuicio
then) without prejudice to the refiling of the case
intended to record some act of the court
done at a former time which was not then
carried into the record

107. Judgement on the pleadings 108. Summary Judgement or accelerated

based on allegations appearing in the judgment
pleadings, and without consideration of any avoids long litigations and useless delays; no
evidence aliunde genuine issues

109. Several Judgements 110. Separate Judgements 111. Special judgment

112. Judgement for 113. Judgement on demurrer to 114. Conditional judgment

specific acts evidence
a motion to dismiss on the
ground of insufficiency of
evidence.

115. Final Judgement

1.    After the lapse of time for perfecting an appeal
2.    When the sentence has been partially or totally satisfied
3.    When  the  accused  has  expressly  waived  in  writing  his  right  to appeal
4.    When the accused has applied for probation

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 116. Final and Executory Judgement
A judgment becomes "final and executory" by operation of law. Finality of judgment becomes
a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a
situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a
ministerial duty of the court

117. Void Judgement 118. Null and Void Judgement

no jurisdiction over the subject matter and
the parties

119. Amended and Clarified Judgement - an entirely new decision which supersedes or
takes the place of the original decision

120. Supplemental 121. Alternative 122. Deficiency 123. Declaratory

Judgment Judgment Judgment Judgment

124. Final Order 125. Interlocutory Order (intervening between

 disposes of the subject matter in its the commencement and the end of a suit)
entirety, OR indicates that other things remain to be done by
 terminates a particular proceeding or the court
action...

126. Compromise agreement - reciprocal concessions to avoid litigation

127. Findings of Fact - statement of fact, not conclusions of law
128. Service of Pleading or paper (see #75)
129. Motion for New Trial
130. Motion for Reconsideration - filed by aggrieved party asking to set aside or reconsider a
judgment,
a. final order issued by the court which is not supported or contrary to law, or
b. findings are not supported by evidence on record
131. Newly discovered evidence - after the rendition of a verdict or judgment therein; evidence
of facts existing at the time of trial of which the aggrieved party was EXCUSABLY
ignorant; will support motion for new trial or to reopen for amended findings
132. Affidavit of Merit - a sworn statement that essentially assures the “merit” of your claim –
in other words, the extent of the defendant’s wrongdoing and the strength of your
allegations. 
133. Pro forma motion - A motion for reconsideration based on the foregoing grounds is
deemed pro forma if the same does not specify the findings or conclusions in the
judgment which are not supported by the evidence or contrary to law, making express
reference to the pertinent evidence or legal provisions.

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 134. Appeal 135. Petition for Review
a formal request for an appellate tribunal to
review and make changes to the judgment of a
lower court or administrative body

136. Quasi-judicial body 137. Quasi-judicial power

an organ of government other than a court
and other thana legislature, which affects
the rights of private parties through either
adjudication or rule-making.
 action, discretion, etc. of public administrative
officers or bodies, who are required to
investigate facts, or ascertain the existence of
facts, hold hearings, and draw conclusions
from them, as a basis for their official action
and to exercise discretion of a judicial nature

138. Petition for Relief

139. Action for Annulment of Judgment
140. Collateral Attack - attempt to impeach the judgment by matters dehors the record
141. Execution
142. Revival of Judgment
143. Levy
144. Garnishment - a warning to a person in whose hands the effects of another are attached, not
to pay the money or deliver the property of the defendants in his hands to him
145. Terceria or 3rd party claim
146. Writ of Possession
147. Provisional remedy - temporary, auxiliary and ancillary remedies to protect or preserve a
litigants rights or interests while the main action is pending

148. preliminary attachment

149. preliminary injunction
150. preliminary prohibitory injunction
151. preliminary mandatory injunction
152. permanent injunction
153. temporary restraining order
154. receivership
155. replevin
156. support pendente lite
157. sequestration

158. Special Civil Action - The fact that an action is subject to special rules other than those
applicable to ordinary civil actions is what makes a civil action special.

Special civil actions initiated by filing of a Petition: Special civil actions initiated by filing of a Complaint:
1. Declaratory relief other than similar 1. Interpleader;
remedies; 2. Expropriation;
2. Review of adjudication of the 3. Foreclosure of real estate mortgage;

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 COMELEC and COA; 4. Partition; and
3. Certiorari, prohibition and mandamus; 5. Forcible entry and unlawful detainer.
4. Quo warranto; and
5. Contempt

159. Interpleader - when a third party enters into a lawsuit, usually to determine that
party's rights with regard to property at issue in the lawsuit.
160. Declaratory Relief

161. Reformation of Instrument

162. Quieting of Title

163. Writ of Certiorari - A decision by the Supreme Court to hear an appeal from a
lower court.
164. Petition for Certiorari - under Rule 65; may be resorted to only in the absence of APPEAL
or any PLAIN, SPEEDY and ADEQUATE REMEDY in the ordinary course of law.

165. without jurisdiction - lack of authority 166. excess of jurisdiction - transcending

court's power or acts without any
statutory authority.

167. Grave Abuse of Discretion - under Rule 65;

a. the arbitrary exercise of power due to passion, prejudice or personal hostility
b. the whimsical, arbitrary or capricious exercise of power that amounts to an
EVASION or REFUSAL to perform a positive duty

168. Prohibition 169. Mandamus 170. Quo Warranto - against

commanding the respondent
to desist from further
proceeding in the action
commanding the performance  a person who usurps,
of a particular duty, which intrudes or unlawfully
results from the official holds a public office,
station of the party to whom position
the writ is directed  a public officers who does
an act which constitutes a
ground for the forfeiture
of his office

171. Expropriation/Eminent Domain

172. Foreclosure of Mortgage - to have the property seized and sold with a view to applying the
proceeds to the payment of the principal obligation
173. Partition - the separation, division, and assignment of a thing held in common among those
to whom it may belong
174. Ejectment
175. Accion Interdictal _ FEUD

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 176. Accion Publiciana 177. Accion Reinvindicatoria

178. Forcible Entry 179. Unlawful detainer

180. Contempt 181. Contempt of Court

is the offense of being disobedient to or
disrespectful toward a court of law and its
officers in the form of behavior that opposes
or defies the authority, justice and dignity of
the court

182. Writ of Kalikasan 183. Continuing Mandamus

a legal remedy under Philippine law that
provides protection of one's constitutional
right to a healthy environment
a writ issued by a court in an environmental
case directing any agency or instrumentality
of the government or officer thereof to
perform an act or series of acts decreed by
final judgment which shall remain effective
until judgment is fully satisfied. It is a
command of continuing compliance which
aims to ensure the successful
implementation of the order of the court for
the protection of a specific environment.

184. Adverse Claim 185. Adverse Claimant

statement made under oath by someone
who claims any part or interest in a registered
piece of land adverse to the registered owner
and serves as a notice to all of such a claim

186. Alternative Dispute Resolution - refers to a variety of processes that help parties resolve
disputes without a trial. Typical ADR processes include mediation, arbitration, neutral
evaluation, and collaborative law.

187. DNA Evidence

188. Alternate Trial 189. Face to Face Trial

one where parties take turns in presenting one wherein witnesses from the contending
their witnesses respecting the first factual sides appear together before the court, sit
issue or related issues stated in the order of face-to-face around a table in a non-
trial.  adversarial environment, and answer

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 questions from the court as well as the
parties’ counsels respecting the factual issue
under consideration.

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