November 18, 2008 Summary COA: (R2S2): the act or omission by which a party violates a right of another Elements: 1.

act or omission 2. breach of right *There’s no suit if there’s no COA Basis of COA v. COA: The COA is the act or omission causing a legal injury while the basis of a COA is where one derives, the source of the right-duty correlative = sources of obligation (note: in OBLICON, we have 5 sources of obligation, sir only mentioned 2 main sources, as the other sources of obligations may also be found in law: statutes and contracts) Constitution: is it a basis of a COA? e.g. Art III, Sec1: No person shall be deprived of life, liberty and property without due process of the law… Right holder: Person (not citizen) Duty holder: Government????  President of RP: can there be a COA vs Prexi? Can an axn be brought against the prexi? Is there a difference between the two question?  Yes, there is a difference between the two questions: There can be a COA against the Prexi but that doesn’t necessarily mean that there is a right to file an action against the prexi: defense against the right of a person to sue: right of the STATE to be immune from suit without its permission(General Provisions in the Constitution=> Art 14?)  Immunity from suit is a defense against the availment of procedure to bring an action: SECONDARY RIGHT! WHAT IS A SECONDARY RIGHT? Hohfeld: secondary right arises from a substantive right which is violated LEONEN: A right-duty correlative which exist whenever there’s a breach of primary rights E.g. Damages, reliefs… TorF? Are secondary rights only Procedural? NO. Damages are secondary rights but it is a substantial right…  why secondary right: a person is only entitled to it when a right-duty correlative (based on QD or tort) is breached.  Why a substantive right: it cannot be changed even when there’s a change in procedure Example of a secondary right which is procedural: right to file an action for a complaint

Relief vs. Remedy: Remedy: the whole procedure available to the right holder to defend the right/pursue granting of relief -Remedy=procedure: kaya remedial law Relief: the thing granted by the court for a breach/violation of a right-duty correlative 2 kinds of remedies 1. Action: able to know WON breach of right and duty correlative 2. Proceeding: WON Status/fact exist => all rights appertaining to status would be legally binding e.g. acknowledgment of legitimacy of child naturalization adoption cadastral guardianship probate -no COA in proceedings, just determine status/fact exist -where found in ROC: as “Special” proceedings: why special? Are there ordinary proceedings? Special proceedings because each and every procedure is unique in its own Special Civil Actions – there are 10 in the ROC

ordinary Civ Actions Crim Special

Remedy “special” proceedings

Ordinary v. Special Civil Actions Special Civil Actions MODIFY ordinary civil actions  so study first Ordinary civil actions STEPS:

1. definite starting point: filing of pleadings => only present OF  OF are alleged by the plaintiffs  ULTIMATE FACTS: mental and physical facts which bring the legal concept into being Consent: Definite offer + unqualified acceptance (OF) EF: for definite offer -stamped envelope with date -document containing the offer -receipt of the envelope by the other party -witnesses that say they Burns: what is truth? What really happened? Test credibility of a piece of evidence: by cross examination *our system is adversarial *weakness of our system: the truth my not come out as seen by the laymen: the only truth that may be derived in a civil action is that which is established in a court of law *what can happen in trial may be so procedural that substantial rights are not protected?

Back to pleading: defendant makes negative defense: Denial of OF Why present/ state OF -> presentation of EF during trial depends on it In between: Provisional procedures Discovery procedures Special Civil actions: interlocutory

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