ARM notes in Civil procedure 2015

BASIC CONCEPTS IN REM LAW

19. What are the kinds of actions under the rules? 1. Civil action; 2. Criminal action; 3. Special Proceeding.20. What are the kinds of civil actions under the rules? 1. Ordinary Civil Action; 2. Special Civil Action; 3. Actions under the Rules on Summary Procedure

21. What are the distinctions between civil action, criminal action and special proceedings under the rules? A civil action is one by which a party sues another for the enforcement or protection of a right or prevention or redress of a wrong. A criminal action is one by which a states prosecutes a person for an act or omission punishable by law. A special proceeding is a remedy by which a party seeks to establish a status, right or particular fact.

22. Coverage of Civil Procedure? a. Ordinary Rules on Civil Action (R 1-56) b. Provisional Remedies (R 57-61) c. Special Civil Action (R 61-72)

23. In what case the Rules of Court will not apply? a. Election cases b. Land Registration Cases c. Cadastral Proceedings d. Naturalization Proceedings e. Insolvency Proceedings f. Other cases not mentioned in S4R1 g. Labor cases h. Impeachment Cases

24. Suppletory application of Rules of Court The provisions in the ROC will be made to apply only where there is an insufficiency in the applicable rule

25. Application of the Rules in Impeachment Trial The Rules of Evidence and procedure shall be applied liberally and whenever they are practicable in Impeachment Trial

26. Application of Rules of Court in Civil Forfeiture, Assets Preservation, and Freezing of Monetary Instrument, Etc. S1 Title I of A.M. 05-1104: The Revised Rules of Court shall apply suppletory when not inconsistent with the provisions of this special rules

27. Application of Rules of Court in Labor Cases S3 R1 of NLRC Rules of Procedure: In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent provisions of the Rules of Court of the Philippines may, in the interest of expeditious dispensation of labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

28. Applicability of Rules of Procedure for Small Claims cases The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule.

6. Special or limited- One which restricts the courts jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law. Example: Probate ProceedingsCourts of Special Jurisdiction:a. Sandiganbayanb. CTAc. Shariah District Courtd. RTCe. Family Courtf. Shariah Circuit Courtg. MeTC, MuTC, MCTC

7. Original- power of the court to take judicial cognizance of a case instituted for judicial action for the first time under the conditions provided by the law. Courts with Original Jurisdiction:a. SCb. CAc. Sandiganbayand. RTCe. Shariah District/Cicuit Courtsf. MTCs

8. Exclusive- power to adjudicate a case or proceeding to the exclusion of all others at that stage

9. Exclusive and Original- the power of the court to take judicial cognizance of a case instituted for the first time under the conditions provided by law and to the exclusion of all other courts. Courts with Exclusive and Original Jurisdiction:a. SCb. CAc. Sandiganbayand. RTCe. Shariah District/Cicuit Courtsf. MTCs

III. Basic Concept on Venue

3. Venue in Civil Cases vs Criminal Cases

Venue in Criminal CasesVenue in Civil Cases

Venue is jurisdictional Venue is procedural and for the purposes of convenience of the parties

It is conferred by the provision of lawIt is agreed upon by the parties

Improper venue is a ground for a motion to quash the complaint or information on the ground of lack of jurisdictionImproper venue can be the subject of motion to dismiss based on improper venue

In case of denial of motion to quash on ground of lack of jurisdiction over the offense charged the remedy is to proceed with the arraignment.In case of denial of motion to dismiss on the ground of improper venue is to file the answer with the remaining balance of the period to file a responsive pleading, but in no case less than 5 days and raised the ground as an affirmative defense, proceed with the trial and in case of adverse decision appeal the same.

IV. COMMENCEMENT OF A CIVIL ACTION

1. How to commence a civil action?A Civil Action is commenced by the filing of the original complaint with the court plus the payment of a corresponding docket and other legal fees.

2. When is a small claim action deemed commenced?In small claims cases, it can be commenced by filing with the court an accomplished Verified Statement of Claim in duplicate and accompanied by a Certificate of Non-forum Sopping and 2 duly certified photocopies of actionable document as well as the affidavits of witnesses and other evidence to support the claim and the payment of docket and other legal fees unless allowed to sue as an indigent

3. Effect of filing of complaint in court tolls the running of the prescriptive periodArt. 1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.

V. Liberal Construction of the Rules

4. Rules of evidence and procedure shall be liberally construed in Impeachment Trial CasesArt VI Rules of Impeachment Trial. Rules of evidence and procedure shall be liberally construed.

5. Power of the Supreme Court to suspend its own rules discretionary: Grounds for suspensionThe courts have the power to relax or suspend technical or procedural rules or to except a case from their operation when compelling reasons so warrant or when the purpose of justice requires it.Other Grounds:a. The existence of special or compelling circumstanceb. The merits of the casec. A cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rulesd. A lack of showing that the review sought is merely frivolous and dilatorye. The other party will not be unjustly prejudiced thereby.

CHAPTER II

A. CONSTITUTIONAL PROVISION

1. Expanded Definition of Judicial Power and Its Coverage A8 S1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

2. Due Process Law A3 S1. No person shall be deprived of life, liberty, or property without due process of law.

3. Equal Protection of the Laws A3 S1. Nor shall any person be denied the equal protection of the laws.

4. Right to Eminent Domain A3 S9. Private property shall not be taken for public use without just compensation

5. Right to Speedy Trial A3 S16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

6. Power of the Congress to Enact Laws Affecting the Jurisdiction of the Supreme Court A6 S30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Chapter IV Katarungnang Pambarangay Law

9. What are the effects of non-referral of the case with the Barangay? It is well-settled that the non-referral of a case for barangay conciliation when so required under the law is not jurisdictional in nature and may therefore be deemed waived if not raised seasonably in a motion to dismiss.

10. Non-compliance with barangay conciliation, a ground for a Motion Dismiss for failure to comply with the condition precedent A16 S1. Grounds.- Within the time for but before filing the answer to the complaint or pleading asserting a claim, motion to dismiss may be made on any of the following grounds: (j) That a condition precedent for filing the claim has not been complied with.

a. What is the nature of dismissal?The dismissal of the case for failure to comply with the condition precedent of non-referral of the case to the barangay for the purpose of conciliation is without prejudice.

b. What is the remedy of the plaintiff/ claiming party?(1) Before the finality of the order of dismissal, comply with the requirements and motion to revive;(2) After the order of dismissal becomes final and executory, re-file the case after compliance with the condition precedentc. Motu proprio dismissal of the case for failure to comply with the barangay conciliation under the Rules on Summary Procedure

Sec. 4. Duty of court. After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action.

d. Dismissal of the case for non-compliance with barangay under the Rules on Summary Proceedings? Remedy?Sec. 18. Referral to Lupon. Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no showing of compliance with such requirement, shall be dismissed without prejudice and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant.

e. What is the nature of the dismissal for non-compliance with barangay conciliation Dismissal of the case for failure to refer to barangay is without prejudice and cannot be revived by motion after it becomes final.

f. What is the remedy in case of dismissal?(1) It may be revived by motion within fifteen day period from the notice of order of dismissal after such requirement has been complied with(2) Compliance with the rule and re-filing of the case.

11. Effect of Amicable Settlement at the Barangay Level An amicable settlement shall have the force and effect of a final judgment of the court upon the expiration of 10 days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper court

12. Amicable Settlement has the force and effect of law: Ground for repudiation of amicable settlement The amicable settlement executed by the parties before the Lupon on the arbitration award has the force and effect of a final judgment of a court upon the expiration of 10 days from the day thereof, unless the settlement is repudiated within the period therefor, where the consent is vitiated by force, violence or intimidation, or a petition to nullify the award is filed before the proper city or municipal court. The repudiation of the settlement shall be sufficient basis for the issuance of a certification to file a complaint.

13. What are the rules of venue of referral of the case to the barangay? LGC Section 409. Venue. - (a) Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay. (b) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint. (c) All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the larger portion thereof is situated.

14. Procedure for amicable settlementLGC Section 410. Procedure for Amicable Settlement. - (a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay. (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter. (c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. (d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for. (e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.

15. Actions of the court in case of non-compliance with the conciliation proceedings A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for formal adjudication may be dismissed upon motion of defendants, not for lack of jurisdiction of the courts but for failure to state a cause of action or prematurity, or the court may suspend proceedings upon petition of any party under S1 R21 of ROC and refer the case motu proprio to the appropriate barangay authority, applying by analogy S 408(g), 2nd par of Revised Katarungang Pambarangay Law.

16. Lack of conciliation process does not affect the jurisdiction of the court once it acquires jurisdiction over the subject matter and defendant The conciliation process is not a jurisdictional requirement, so that non-compliance therewith cannot affect their jurisdiction which the court has otherwise acquired over the subject matter or over the person of the defendant.9