January 20, 2023 NOTES in Civil Procedure:

PRELIMINARIES:

UNIFORM PROCEDURE IN TRIAL COURTS:

Trial courts pertains to as civil procedure is concerned, Municipal TC and Regional TC is the same as the
RTC with some exceptions.

Procedure referred to pertains to Rule 1 to 71.

1-71 applies to trial courts. Except is small claims and summary procedure wherein it refers to MTC’s
only.

Ordinary rules uniformly apply to both the MTC and the RTC.

NOTE: before filing a case as a general rule, it has to be filed in lupon for consideration or the
katarunggang baranggay or amicable set. Even in the RTC's if under its jurisdiction, has to go to barangay
first.

Civil Prcedure 1 covers rule 1 to 39 including General Principles and Jurisdiction under the Manadatory
Revised Curriculum by the Legal Education Board.

Civil Procedure 2 is from Rule 40-71.

APPLICABILITY OF THE CIV PRO:

The rules of court shall NOT apply to election cases, land registration cadastral, naturalization and
insolvency proceedings and other cases not provided except by analogy or in suppletory character and
whenever practicable and convenient. In other words, the rules of court apply to proceedings in court
except stated in sec 4, rule 1. (PHILIPPINE BANK OF COMMUNICATIONS vs THE REGISTER OF DEEDS FOR
THE PROVINCE OF BENGUET)

Since the purpose of the rule is to secure a just, speedy and inexpensive disposition of proceeding, the
rules of court should be liberally construed. It does not mean that procedural rules should be ignored.

The exercise of the power of indtrumentalitis, subd of the gov, national govt, it inevitably on some
occasions affect life, liberty or property of individuals. On the process slightly, severlely when life or
liberty or property, it has to be protected. If not properly protected, there has to be a remedy. Since
there is a rule under the constitution, there has to be a procedure to be a build of by the indivuduals to
enforce and protect that right.

Procedural laws or the roc exist because in order to protect or enforce these rights (liberty, property) if
there is no substantive right embodied, there is nothing to enforce, protect so there is no need for
remedial law to be promulgated.

On the first instance (first level court), the remedy of the losing party is that they should appeal to the
RTC.

In some cases, from RTC it can be done directly to the SC.

REMEDIAL LAW:

Branch of law that provides for the jurisdiction of courts.

JURISDICTION:

It is the power and authority of the court to hear, try, decide a case and to execute the judgment.

The power to control the execution of its decision is an essential aspect of jurisdiction. It cannot be the
subject of substantial abstraction and the most important of the litigation is the process of execution of
decisions

Jurisdiction is NOT the power of the JUDGE but the power of the COURT.

Judges sitting the court come and go but the court stays there.

Jurisdiction includes pleading, practice and procedure before the courts.

Pleadings required in civil action only because it is different from the pleadings in criminal action.

If there are pleadings that are allowed, there are also prohibited pleadings. (Will tackle midterm or final
examinations)

Who has the power to define jurisdiction?

Found under sec 2 art 8 of the constitution. In other words, it is the constitution itself that provides and
has the power to define jurisdiction. It is the constitiution who gives the power to the Congress to define
jurisdiction.

Congress cannot deprive the SC of its jurisdiction in depriving, deciding a case over the case (Sec 5, Art 8
of the consti) because it is the constitution that defines the power to define the SC and these power as
far as court are concerned enumerated under sec 5 art 8 of the constitution.

Congress refers to both the Senate and the House of Representative.

Senate alone cannot act or promulgate the law without a House of Rep.

NOTE: Jurisdiction conferred by the constitution or by law. Neither it can be fixed by the will of the
parties nor it can be acquired through enlarged or diminished by any act or omission of the parties.

Jurisdiction cannot be waived either in criminal or civil case because it is conferred by law.

HOW TO DETERMINE THE COURT’S JURISDICTION:

Once the complaint is transferred to a branch, the judge should read the complaint for him to know if it
has jurisdiction. Should be determined by the allegations in the complaint.

Effect if filed in the wrong court that has no jurisdiction:

Should be dismissed by the Court because filing or docket fees is non-refundable. (Sayang lang if no
jurisdiction)
RULE MAKING POWER OF THE SC:

Art 8 Sec 5 par 5 of Constitution

Power to define jurisdiction pertains ONLY to jurisdiction.

Remedial law is not only about jurisdiction.

Rules of Court is the labor of the SC. (SC ang may gawa). Congress lang binigyan ng power to define.

SC = Admission to the Practice of law, legal assistance, procedure in all courts and IBP.

Read: Pimentel vs LEB

VENUE:

It is the place where the case is to be heard or tried.

Jurisdiction – substantive and real sense.

Venue – procedure by which such powers are put into action.

HOW IS JURISDCTION DISTINGUISHED FROM EXERCISE OF JURISDICTION?

Jurisdiction is the authority to hear and decide a case

ASPECTS OF JURISDICTION:

Jurisdiction may be exercised by:

a. over the person

b. over cause of subj matter

c. over the res or subject of the action (property in litigation)

d. over the issue

NOTE: Jurisdiction cannot be acquired where there is no property of defendant within the state over
which the court can exercise its authority.

Once jurisdiction is acquired it can never be lost unless there is a law that expressly provides.

The difference of concurrent and appellate

Original or exclusive – dun mo lang pwede i-file. (SC)

Concurrent- pwede I file sa Court of Appeals or SC or even RTC but needs to follow or consider the
hierarchy of courts.

APPELLATE – petition for review.

INCAPABLE (actions) – within the jurisdiction of the RTC.

PECUNIARY ESTIMATION can be computed.

RTC (Original):

Concurrent (SC or CA)

Jurisdiction amount of the MTC and RTC will depend whether or not MTC and RTC sit within the NCR. If
outside NCR, jurisdiction is not the same as the MTC or RTC NCR. However, the distinction was already
removed as far as jurisdiction is concerned.

Real actions vs personal actions:

Has different jurisdictional amount.

In filing a case: parties should go to the barangay if lives in the same municipality.