ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW GENERAL PRINCIPLES IN Q: Compare substantive and remedial law. REMEDIAL LAW Ah What is remedial law? ‘A: Its @ branch of law that preseribes the methods oof enforcing ghts and obigations created by ‘substantive law. (Bustos vs. Judge Lucero, G.R. ‘No, L-2068, 1948) Q: Whats the doctrine of hierarchy of courts? A: The judicial system follows a ladderized scheme which in essence requires the lower courts to initaly decice on a case before it is considered by a higher court A higher court will not entertain direct résort to it unless the redress cannot be obtained in the appropriate courts (Santiago v. Vasquez, G.R. Nos, 9289-90, 1993). A direct invocation of the Supreme Court's original jurisdiction to issue this writ should be allowed only when there are special and imporiant reasons, clearly and specifically set cut in the petition (Republic v. Caguios, 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 wich administrative agencies are authorized to decide should not be ‘summarily taken from them and submitted to a court without fist giving such administrative agency the opportunity to dispose of the same after due deliberation. (Addition Hills _v. Mogaworld, G.R. No. 175039, 2012 citing Republic v. Lacap, G.R. No. 158253, 2007) SUBSTANTIVE LAW REMEDIAL LAW 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 toa cause of | procedural system for ction. ‘obtaining redress for the invasion of rights and violations of duties also prescribes rules as 10 how sults are filed tried and decided upon by the courts. (Bustos vs. Lucero, G.R. No. L- 2068, 1948) Q: What are the limitations on the rule-making power of the Supreme Court under the Constitution? A: a. The rules shall provide 2 simplified and inexpensive procedure for the speedy disposition of cases; b. The rules shall be uniform for courts of the ‘same grade; and ©. The rules shall not diminish, increase, or modify substantive rights (PHit. CONST. art Vill, § 5.) PAGE 1 OF 157°ATENEO CENTRAL BAR OFERATIONS 207 GENERAL PRINCIPLES ON JURISDICTION Q: Howis jurisdiction of the court determined? ‘A; The jurisdiction of the curtis determined by the statute in force at the time of the commencement of the action, (Narra Nickel Mining x. Redmont, G.R. No. 195680, 2014) EXCEPT: Unless such statute provides for its retroactive application, as where it is @ curative logisiation. (Atlas Fertilizer v. Navarro, G.R. No. 72074, 1987) upon payment of the prescribed docket fee. (Pacific Redneuse Corp v EIB Securities, GR. No, 184036, 2010) When several courts have conourrent jurisdiction, the first court which acquires jurisdiction retains it to the exclusion of the others. (Nenavia v. Veluz, GR. No. L-4683, 1952) Q: 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). @: How is Jurisdiction over the issues acquired? A: Its acquired or conferred by the pleadings (De Joya v. Marquez, GR No. 162416, 2006) Q: How is jurisdiction over the res or property acquired? A: Itis acquired by the seizure of the thing under legal process or il may result from the institution of legal proceedings (De Joya v. Marquez, G.R. No, 162416, 2006). REMEDIAL LAW Q: What are some actions incapable of pecuniary estimation? A 1. Actions for specific performance; 2. Actions for support which will require the determination of the civil status; 3. The right to support of the plaintiff; 4. Those for the annulment of decisions of lower courts; 5, Those for the rescission or reformation of contracts; 6. Interpretation of a contractual stipulation (Heirs of Bautiste v. Lindo, G.R. No. 108232, 2014) Q: X filed a complaint to enforce his right granted by law fo recover the jot subject of free patent, Which court has jurisdiction over the ‘complaint? ‘A: RTC. The action is for specific performance; hence, incapable of pecuniary estimation and is cognizable by the RTC. Although the selling price is less than PHP 20,000, the RTC still has jurisdiction because the repurchase of the lots is only incidental to the exercise of the right to redeem. The reconveyance of the tile 10 potitioners is not the principal or main relief or remedy sought (Heirs of Bautista v. Lindo G.R. No. 208232, 2014). Q: What is the nature of an action to recover deficiency on the extrajudicial foreclosure? A: Itis a personal action for it does not affect title to of possession of real property, or any interest therein (BPI Savings Bank v. Spouses Benedicto, G.R. No, 175796, 2018). Q: M filed before the DENR two Townsite Sales Applications. Upon his death, his applications wore transferred to his heirs, X. N executed 2 deed of transfer of rights, transferring his hereditary share in the property covered by TSA No. 123 to Sps Y and Z. Sometime thereafter, an OCT was issued In favor of X. X filed before the RTC a Complaint or Recovery ‘of Possession of Roal Property against Y and Z. X allege that they are the true owners of the parcel of land that Y and Z’s TSA encroach upon the subject property. PAGE2OF 157ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW RTC ruled in favor of X, but CA reversed the decision on the ground of lack of jurisdiction. Did RTC acquire jurisdiction over the complaint? A; (DEL CASTILLO) No. The Court held that in an action for recovery of possession, the assessed value of the property sought to be recovered determines the court's jurisdiction. In this case, for the RTC to exercise jurisdiction, the assessed value of the subject property must exceed 20,000.00. Since X failed to allege in their Complaint the assessed value of the subject Property, the CA correctly dismissed the Complaint as petitioners feiled to establish that the RIG had jursdiction over it. In fact, since the assessed value of the property was not alleged, it cannot be determined which trial court had original and exclusive jurisdiction over the case. in an action to recover, the property must be identitied. The plaintiff, therefore, is duty-bound to Clearly identify the land sought to be recovered, in accordance with the title on which he anchors his ‘ight of ownership. In this case, X failed to identify the property they seek to recover as they failed to describe the location, the area, as well as the boundaries thereof. (Heirs of Julao v Alejandro, GR. No, 176020, September 29, 2014) What happens when the venue was improperly laid? ‘A: In civil proceedings, venue is procedural, not jurisdictional, and it may be waived by the defendant if not seasonably raised either in a motion to dismiss or in the answer (BP! Family Savings Bank, Inc. v. Yujuico, G.R. No. 175796, 2015) Q: Which is the basis in determining which court has jurisdiction over a complaint for accion publiciana? ‘Az It depends on the assessed value of the property (Supapo v. Sps. de Jesus, G.R. No. 198356, 2015) Q: The case is for the declaration of the nullity of a contract of loan and its accompanying continuing surety agreement, and the real estate and chattel mortgages. What is the nature of the action? is a personal action; hence. its filing in Cebu City, the place of business of one of the plaintiffs, was correct under Section 2, Rule 4 of the Rules of Court. The venue of a personal action is the place where the plsintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff, for which reason the action is considered a TRANSITORY one. Unlike a real action, where it has to be commenced and tried in the proper court having jurisdiction over the area wherein the real property involved, or a portion thereof is situated, which explains why the Action is also referred to as a LOCAL action (BPY v. Hontanosas, G.R. No. 15761325, 2014) Q: What is the doctrine of adherence of jurisciction? ‘A: Onee 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) Q: Does exclusive venue stipulation apply whore the complaint assails the validity of the written instrument? A; No, In cases where the complaint assails only the terms, conditions, andior coverage of a writen instrument and not its validity, the exclusive venue stipulation contained therein shall stil be binding con the parties, and thus, the complaint may be properly dismissed on the ground of improper venue. However, if the complaint assailis the validity of the written instrument itself, the portion should not be bound by the exclusive venue stipulation contained therein. It would be inherently inconsistent for a complaint of this nature to recognize the exclusive venve stipulation when i, In fact, precisely assalls the validity of the instrument in which such stipulation is contained (Briones v. CA, G.R. No. 204444, 2015). PAGES OF 167°