Civpro Finals Reviewer- Jdl - Butch Ramiro

  • View
    143

  • Download
    5

Embed Size (px)

Text of Civpro Finals Reviewer- Jdl - Butch Ramiro

Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C 1. RULE MAKING POWER OF THE SC: of that discretion absent grave abuse or palpable error. Section 6, Rule 1 of the 1997 Rules of Civil Procedure even mandates a liberal construction of the rules to promote their objectives of securing a just, speedy, and inexpensive disposition of every action and proceeding. of 5. PROCEDURAL RULES THAT PARTIES MAY CHANGE a. b. c. 6. Venue (may be agreed upon by the parties) Courts discretion in the interest of substantial justice Waiver

Art 8 Sec 5(5) of the Consti: Promulgate rules concerning the protection and enforcement constitutional rights, pleading, practice and procedure in: o All courts o The admission to the practice of law o The Integrated Bar o And Legal assistance to the underprivileged Guidelines on the rules: o They must provide a simplified and speedy disposition of cases o The rules shall be uniform for all courts of the same grade o The rules shall not diminish, increase, or modify substantive rights These powers may not be reduced by Congress but Congress may add more

JURISDICTION

Art 6 Sec 30 of the Consti: No law shall be passed increasing the appellate jurisdiction of the SC as provided in this Constitution without its advice and concurrence PROCEDURAL AND SUBSTANTIVE

Jurisdiction: Capacity or power conferred by the Constitution or law to a court or tribunal to entertain, hear and determine controversies and render judgment thereon. How is jurisdiction acquired? OVERPLAINTIFF/PETITIONER

2.

OVERDEFENDANT/RESPONDENT

Procedural and Substantive Rules Procedural law: the body of legal rules that govern the process for determining the rights of parties Substantive law: body of rules that determine the rights and obligations of persons FORCE AND EFFECT OF RULES OF COURT

OVER SUBJECT MATTER OVER THE ISSUES

3.

OVER THE RES (PROPERTYWHICH IS THE SUBJECT OF LITIGATION)

Rules of Courts, promulgated by authority of law, have the force and effect of law; and rules of court prescribing the time within which certain acts must be done, or certain proceedings taken are considered absolutely indispensable to the prevention of needless delays and to the orderly and speedy discharge of judicial business. (Shioji vs. Harvey, 43 Phil., 333) 4. POWER OF THE SC TO SUSPEND RULES OF COURT

Acquired by the filing of the complaint, petition or initiatory pleading before the court by the plaintiff or petitioner. 1. Voluntary appearance 2. Submission by the defendant to the court 3. Coercive process issued by the court (summons) Conferred by law 1. Determined by the pleadings 2. Determined by agreement in a pre-trial order/stipulation 3. Implied consent: failure of a party to object to evidence on an issue not covered by the pleadings Acquired by actual/constructive seizure by the court of the thing e.g. attachment, garnishment, provision of law (like in land registration proceedings)

7.

ESTOPPEL TO DENY JURISDICTION

Hinog v. Melicor: Party motioned to serve a supplemental pleading. It was considered as seeking affirmative relief from the courts. If a party invokes the jurisdiction of a court, he cannot thereafter challenge the courts jurisdiction in the same case because of estoppel. JURISDICTION IS DETERMINED A T THE TIME OF FILING ACTION By the filing of the original complaint in court

Nonetheless, it is also true that procedural rules are mere tools designed to facilitate the attainment of justice. Their strict and rigid application should be relaxed when they hinder rather than promote substantial justice. Public policy dictates that court cases should, as much as possible, be resolved on the merits not on mere technicalities. Substantive justice trumps procedural rules It is within the court's sound discretion to relax procedural rules in order to fully adjudicate the merits of a case. This Court will not interfere with the exercise

8.

WHEN IS A CIVILACTION COMMENCED?

WHAT

IF

AN

The action is commenced with regard to him on the date of the 1

Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2CADDITIONAL DEFENDANT

filing of the later pleadingIS

1. 2.

IMPLEADED IN A LATER PLEADING?

This is irrespective of whether the motion for its admission, if necessary, is denied.

RTC Quasi judicial agencies, instrumentalities, boards or commissions, SEC, Social Security Commission, the Employees' Compensation Commission and the Civil Service Commission

People v. Cawaling RTC: Once the court acquires jurisdiction, it may not be ousted from the case by a new law placing such proceedings under the jurisdiction of another tribunal o Exceptions: An express provision in the statute The statute is clearly intended to apply to actions pending before its enactment COURTS Exclusive jurisdiction original 1. Civil actions in which the subject of litigation is incapable of pecuniary estimation (e.g. specific performance, support, rescission) 2. Civil actions which involved the title to or possession of real property or any interest therein (e.g. accion publiciana) NOTE: unlawful detainer and forcible entry jurisdiction with MTC a. Metro Manila: assessed value of property exceeding 50,000 b. Outside MM: assessed value of property exceeding 20,000 3. All actions of admiralty and maritime jurisdiction a. MM: demand or claim exceeds 400k b. Outside MM: exceeds 300k 4. All matters of probate (testate/intestate) a. MM: gross value of estate exceeds 400k b. Outside MM: exceeds 300k 5. In all actions involving the contract of marriage/martial relations (Family courts are RTCs: see below) 6. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial/qj functions 7. In all civil actions and special proceedings falling within the EOJ of a juvenile and domestic relations court and of the court of agrarian relations as now provided by law 8. In all other cases in which the demand (exclusive of interest, damages of whatever kind, attys fees, litigation expenses and costs) OR the value of the property in controversy (basically if demand or value of prop exceeds the amounts below) a. MM: exceeds 400k b. Outside MM: exceeds 300k 1. Issuance of writs of certiorari, prohibitions, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions 2. In actions affecting ambassadors and other public ministers and consuls Over all cases decided by MeTC, MuTC, MCTC in their respective territorial jurisdictions

9.

Art 8 Sec 1: 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 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 BP 129: Pertinent Provisions: CA:

CA Power: Note: CA is also a trier of facts.

Power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within 3 months, unless extended by the CJ To issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxilliary writs or processes, whether or not in aid of its appellate jurisdiction Actions for annulment of judgments of RTCs (Rule 47!) ALL final judgments, decisions, resolutions, orders or awards of

Original jurisdiction

Original Jurisdiction

Exclusive original jurisdiction Exclusive appellate jurisdiction

Appellate jurisdiction

2

Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: Exclusive Jurisdiction Original 1. Civil actions and probate proceedings + grant of provisional remedies in proper cases a. MM: value of the personal property or estate or the amount of demand does not exceed 400k b. Outside MM: value of the personal property or estate or the amount of demand does not exceed 300k Note: interest, damages, attys fees, litigations expenses and costs are NOT included in the determination of jurisdiction but are INCLUDED in the determination of filing fees 2. Cases of forcible entry and unlawful detainer 2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter; 3. Petitions for adoption of children and the revocation thereof; 4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; 5. Petitions for support and/or acknowledgment; 6. Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines"; 7. Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws; 8. Petitions for the constitution of the family home; 9. Cases against minors cognizable under the Dangerous Drugs Act, as amended; 10. Violat