Fundamental Concepts in Remedial Law

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FUNDAMENTAL CONCEPTS

 REMEDIAL LAW is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion [Bustos vs. Lucero, 81 Phil. 640]. It is also known as  Adjective Law. SUBSTANTIVE LAW is one which creates, defines, and regulates rights.  PROCEDURE is the method of conducting a judicial proceeding. It includes whatever is embraced in the technical terms, pleadings, practice, and evidence. It is the means means by which the  power or authority of a court to hear and decide a class of cases is put to action [Manila  Railroad vs. Atty. General, 20 Phil. 523].  JURISDICTION is the power to hear and decide cases [Herrera vs. Baretto & Joaquin, 25 Phil. 245]. It is the power with which courts are are invested with the power of administering justice, that is, for hearing and deciding cases. cases. In order for the court to have authority to dispose of a case on the merits, it must acquire jurisdiction over the subject matter and the parties [Republic  Planters Bank vs. Molina, 166 SCRA 39].  JURISDICTION The authority to hear and determine a case

VENUE The place where the case is to be heard or tried matter of substantive law matter of procedural law  Establishes a relation between the court and  Establishes a relation between plaintiff and the subject matter defendant, or petitioner and respondent  Fixed by law and cannot be conferred by the ay be conferred by the act or agreement of arties the parties  PRINCIPLE OF THE EXERCISE OF EQUITY JURISDICTION is a situation situation where the court is called upon to decide a particular situation and release the parties from their correlative obligations but if it would result in adverse conse quences to the parties and the public, the court would go beyond its power to avoid negative consequences in the release of the parties [Agne vs.  Director of Lands, 181 SCRA 793; Naga Telephone Co. vs. CA, 48 SCAD 539] .  ELEMENTS OF JURISDICTION: (1) Jurisdiction over the (2) Jurisdiction over the  subject matter or nature of arties the case  It is conferred by law (BP  Jurisdiction over the person 129), and does not depend on of the plaintiff is acquired by the objection or the acts or the filing of the initiatory omissions of the parties or leading, like a complaint. anyone of them [Republic vs. Sangalang, 159 SCRA 515].

(3) Jurisdiction over the res

 It is acquired by the seizure o the thing under legal process whereby it is brought into actual custody of law, or it may result from the institution of a legal proceeding wherein 1

the power of the court over the thing is recognized and made effective [Banco It is not waivable, except in  Jurisdiction over the person  Español Filipino vs. Palanca, cases of estoppel to question of the defendant is acquired 37 Phil. 291]. or raise jurisdiction [Tijam by the proper service of vs. Sibonghanoy, 23 SCRA  summons, or by his voluntary 29]. appearance in court and his  submission to the authority of the court [Paramount  It is determined upon the allegations made in the  Industries vs. Luna, 148 SCRA 564]. complaint, irrespective of whether the plaintiff is entitled or not, to recover upon the claim asserted therein, a matter resolved only after and as a result of the trial.  ELEMENTS OF CRIMINAL JURISDICTION: (1) Territorial jurisdiction

(2) Jurisdiction over the (3) Jurisdiction over the  subject matter erson of the accused  It is determined by the  It is determined by the  It is acquired by the voluntary eographical area over which allegations of the complaint appearance or surrender of a court presides, and the fact or information in accordance the accused or by his arrest that the crime was committed, with the law in force at the [Choc vs. Vera, 64 Phil. or any of its essential time of the institution of the 1066]. ingredients took place within action, not at the time of its  said area [US vs. Jueves, 23 commission [US vs. Mallari,  Phil. 100]. 24 Phil. 366].  INSTANCES WHEN A COURT MAY LOSE JURISDICTION EVEN IF IT HAS BEEN  ATTACHED TO IT: 1 2

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When a subsequent law provides a prohibition for the continued exercise of urisdiction [Rilloraza vs. Arciaga, 21 SCRA 717]. Where the law penalizing an act which is punishable is repealed by a subsequent law. The reason is that, the State loses the power to prosecute when the law is repealed, hence, the court has no more power to decide [People vs. Pastor, 77 Phil. 1000]. When accused is deprived of his constitutional right such as where the court fails to rovide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right [Chavez vs. CA, 24 SCRA 663]. When the proceeding s in the court acquiring jurisdiction is terminated, abandoned 2

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or declared void [Seven vs. Pichay, 108 Phil. 419]. When the statute expressly provides, or is construed to the effect that it intended to operate as to actions pending before its enactment [Bengzon vs. Inciong, 91 SCRA 284]. Once appeal has been perfected [Alma vs. Abbas, 18 SCRA 836]. When the law is curative [Garcia vs. Martinez, 90 SCRA 331].

 DOCTRINE OF JUDICIAL STABILITY: Should one branch be permitted to equally assert, assume, or retain jurisdiction over a case in con troversy over which another coordinate or coequal branch has already assumed jurisdiction, then that would be sanctioning undue interference by one branch over another. With that, judicial stability would be meaningless  precept in a well-ordered administration of justice [Parcon vs. CA, 111 SCRA 262].  JURISDICTION OF METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,  MUNICIPAL CIRCUIT TRIAL COURTS: 1.  Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and 2.  Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount o f fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of the kind, nature, value or amount therof;  provided, however, that in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof. [Sec. 2, RA 7691].  JURISDICTION OF REGIONAL TRIAL COURTS (RTC): 1.  In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; 2.  In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds P20,000, or  for civil actions in Metro Manila where such value exceeds P50,000 except actions for  forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MeTC, MTC, and MCTC; 3.  In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds  P200,00, or in Metro Manila where such demand or claim exceeds P400,00; 4.  In all matters of probate, both testate and intestate, where the gross value of the estate exceeds P200,00 or probate mattes in Metro Manila where such value exceeds P400,000; 5.  In all actions involving the contract of marriage and marital relations; 6.  In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising juridicial or quasi-judicial functions; 7.  In all civil actions and civil proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and 8.  In all other cases in which the demand, exclusive of interest and damages of whatever kind, attorney’s fees, litigation ex penses, and cost or the value of the property in 3

controversy exceeds P200,000, or in such other cases in Metro Manila where the demand, exclusive of the above-mentioned items exceeds P400,000.  JURISDICTION OF COURT OF APPEALS (CA): 1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its app ellate  jurisdiction; 2.  Exclusive original jurisdiction over actions for annulment of judgments of RTCs; 3.  Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders, or awards of RTCs and quasi-judicial agencies, instrumentalities, boards, or omissions, except those falling within the appellate jurisdiction of the Sup reme Court in accordance with the Constitution, the provisions of the Judiciary Act of 1948; 4. The CA shall have the power to receive evidence and perform any and all acts necessary to resolve factual issues raised in (a) cases falling within its original jurisdiction, such as actions for annulment of judgments of RTCs, (b) cases falling within its appellate  jurisdiction where a motion for new trial based only on newly discovered evidence is  granted by it.  JURISDICTION OF THE SUPREME COURT (SC): 1. Cases affecting ambassadors, other public ministers and consuls, and other petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2.  All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the SC en banc, and all other cases which under the  Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of the majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon; 3. Cases on matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of  such Members. 4. The Supreme Court has the power to: (a) exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus; (b) review, revise, reverse, modify, of affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: (1) all cases in which the constitutionality or validity of any treaty, international or executive agreement, law presidential decree, proclamation, order, instruction, ordinance, or regulations is in question; 4

(2) all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; (3)

all cases in which the jurisdiction of any lower court is in issue;

(4)

all criminal cases in which the penalty imposed in reclusive perpetua or higher;

(5)

all cases in which only an error or question of law is involved.

CLASSES OF JURISDICTION: General –  power to adjudicate all controversies except those expressly withheld from the lenary powers of the court. Special or Limited –  restricts the courts jurisdiction only to particular cases and subject to  such limitations as may be provided by the governing law. Original –  power of the court to take judicial cognizance of a case instituted for jud icial action for the first time under conditions provided by law.  ppellate –  authority of a court higher in rank to re-examine the final order or judgment of a lower court which tried the case now elevated for judicial review.  Exclusive –  power to adjudicate a case or proceeding to the exclusion of all other courts at that stage. Concurrence/Confluent/Coordinate –  power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same stage of the same case in the  same or different judicial territories.

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