CIVIL PROCEDURE NOTES COMPILED UNIVERSITY OF SAN CARLOS COLLEGE OF LAW

5
a case before it, in every manner judges have to think of how to do it
appertaining thereto; provided they conform to the spirit of the
rule. So they should not make the order
(e) to compel the attendance of persons to
useless simply because there is no rule.
testify in a case pending therein;
That is part of their power.
(f) to administer or cause to be administered
ENFORCEABILITY OF COURT WRITS AND
oaths in a case pending therein, and in all
PROCESSES
other cases where it may be necessary in
the existence of its powers; Another provision that should be
emphasized is Section 3 of the Interim
(g) to amend and control its process and
Rules.
orders so as to make them conformable to
law and justice; Question: The court of Cebu issues a writ or
a process. Can that writ or process be
(h) to authorize a copy of a lost or destroyed
enforced in Manila? What is the extent of
pleading or other paper to be filed and used
the enforceability of a writ issued by a
instead of the original, and to restore, and
court?
supply deficiencies in its records and
proceedings. Under Section 3, Interim Rules:
SITUATION: Suppose I have the power to Sec. 3. Writs and Processes. -
decide and I render a decision. I want to
a) Writs of certiorari, prohibition,
enforce the decision, how do I enforce?
mandamus, quo warranto, habeas corpus
Well, usually the law provides for the
and injunction issued by a regional trial
procedure.
court may be enforced in any part of the
Q: But suppose the law does not provide for region.
any manner to enforce? For example a
b) All other processes whether issued by
judge has rendered a decision, and the law
the RTC or MetTC, MCTC, and MTC may be
is silent on how to enforce it, do you mean
served anywhere in the Philippines, and, the
to say that the order is unenforceable
last three cases, without a certification by
because the law is silent.
the judge of the RTC.
A: NO. Section 6 of Rule 135 answers the
A: Under Section 3 of the Interim Rules, you
question.
have to distinguish what kind of writ or
SEC 6. Means to carry jurisdiction into process you are talking about:
effect – When by law jurisdiction is
a) If it is a writ of certiorari, prohibition,
conferred on a court or a judicial officer, all
mandamus, quo warranto, habeas corpus,
auxiliary writs, processes and all other
injunction, it can be enforced anywhere
means to carry it into effect maybe
within the region. So at least, RTC can
employed by such court or officer; and if the
enforce it within the region and it cannot
procedure to be followed in the exercise of
enforce those writs outside the region.
such jurisdiction is not specifically pointed
out by law or these rules, any suitable
process or mode of proceeding may be
adopted which appears conformable to the EXAMPLE: If you are illegally detained, you
spirit of said law or rules. can ask the court to issue a writ of habeas
corpus. Now, a person is detained in
What Section 6 is trying to say is that when Cagayan de Oro and the family is here in
courts have the power to decide, they have Cebu City. They filed a petition for habeas
the power to enforce. And if the law is silent, corpus here in Cebu City. Is it proper?
No. Cebu City belongs to the 7th Judicial
Region while Cagayan de Oro is in the 11th
or 12th Judicial Region. The law is very
clear: writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus
and injunction issued by a trial court may be
enforced in any part of the region.
b) Section 3 further says, all other writs are
enforceable anywhere in the Philippines.
Suppose the MTC issues a warrant for the
arrest of the accused in the criminal case,
and he fled to Baguio City, such warrant can
be enforced there. This includes summons,
writs of execution or search warrants.

ASPECTS OF REMEDIAL LAW

Q: Give the two (2) aspects of Remedial
Law.
A: There are 2 aspects of Remedial Law:
1.) PUBLIC ASPECT – one which affords a
remedy in favor of the State against the
individual (e.g. criminal procedure) or in
favor of the individual against the State (e.g.
habeas corpus) on the other hand,

2.) PRIVATE ASPECT – one which affords a

remedy in favor of an individual against
another individual, like the rules on civil
procedure. (Gamboa’s Introduction to
Philippine Law, 6th Ed., pp. 97-99)