Kuya Kardo Rem1 notes

-cause of action- an act or omission by which a party violates the right of another.
- origin is substantive law.
- right of action- right of a party to file a suit, it is procedural in character , it is the consequence of the
violation of the right of the plaintiff.

- act of filing the initiatory pleading called the complaint triggers the application of procedural law and
jurisdiction.
- filing of the complaint- court acquires jurisdiction of the person of the plaintiff

-pleading- primary purpose is to sue another for the enforcement or protection of a right, or the
prevention or redress of a wrong.

Substantive law vs. Procedural Law

- Substantive law – supplies the legal basis for the existence of a right, and the corresponding
legal prerogative to demand its protection. (law, contracts, delict, quasi-delict, quasi-contracts)
- Procedural law – outlines the methods and processes in which one may sue another for the
enforcement or protection of his right. (Rules of Court and other laws)

Plaintiff- the party that initiates the complaint

- Real party in interest- stands to be benefited or injured by the judgement in the suit or the party
entitled to the avails of the suit.
Defendant- to the party whom a complaint is directed.

Jurisdiction- as the power and authority of the court to hear, try and decide a case, and the
authority to execute its decisions.
- Power to control the execution of the decision is one essential element of jurisdiction
(Echegaray vs. Sec of Justice)
- It is vested by law
o Exception: equity Jurisdiction- power of the court to resolve issues presented in a case,
in accordance with the NATURAL rules and FAIRNESS and JUSTICE, and in the absence of
a clear, positive law governing such issue.

- ASPECTS OF JURISDICTION
o Jurisdiction over the subject matter
o Jurisdiction over the parties
o Jurisdiction over the issue of the case
o Jurisdiction over the res or thing

- Jurisdiction over the subject matter – is the jurisdiction of the court over the class of cases to
which a particular case belongs. e.g real actions, personal actions or
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