Civil Procedure

Atty. Rosario Olivas-Gallo

DLSU College of Law
Meeting 1: An Overview
 References

Rules of Court, from Rule 1 to Rule 61

Supreme Court decisions
Willard B. Riano, CIVIL PROCEDURE, BAR LECTURES
SERIES, Volumes 1 and 2
Grading system

Recitations (1/3)
Mid-term exam (1/3)
Final exam (1/3)
This is part of remedial law

Civil Procedure (Ordinary civil actions and provisional

remedies)- this subject
Special Civil Actions
Provisional Remedies
Special Proceedings
Criminal Procedure
Evidence
 Bar exam

Remedial law 20%

Political law & international law 15%
Civil law 15%
Mercantile law 15%
Criminal law 10%
Labor & social legislation 10%
Taxation 10%
Legal ethics and practical exercises 5%
Coverage of Civil Procedure
Jurisdiction and venue
Actions, Causes of Action
Parties
Pleadings and Motions
Summons
Proceedings after service of
summons
Dismissal of actions
Pre-trial
Modes of discovery
Alternative dispute resolution
Trial
Demurrer to evidence
Judgment
Post-judgment remedies
Remedies after judgment becomes
final and executory
Execution and satisfaction of
judgments
Provisional remedies: Preliminary
attachment, replevin, receivership,
support pendent lite
 Simplified flowchart

COMPLAINT SUMMONS ANSWER

(Plaintiff) (upon Defendant) (upon Defendant)

TRIAL
JUDGMENT PRE-TRIAL
Plaintiffs evidence
(PMC, JDR)
Defendants evidence

APPEAL or PETITION
EXECUTION
RECONSIDERATION FOR RELIEF
OF JUDGMENT
M/NEW TRIAL or TO
ANNUL JUDGMENT
General principles
Concept of remedial law

Procedure for
protection and enforcement of rights,
prevention or redress of a wrong
 Definition: civil action

An action by which one party sues another for the

enforcement or protection of a right, or the prevention or
redress of a wrong (Rule 1, Section 3a)
Procedural v. Substantive law

Remedial law = How

System; procedure to protect and enforce rights;
prevent and redress wrongs

Substantive law = What

Creates, defines and regulates rights and duties
concerning life, liberty and property
 Rules of Court

Main set of rules governing remedial law

Promulgated by Supreme Court
Strictly speaking, NOT laws
Have force and effect of law, because promulgated
pursuant to substantive law
Prospective application
General rule - Prospective
Applicable to pending cases?
General rule - Yes
Exceptions
Statute provides
Vested rights would be impaired
Not feasible; would work injustice
Due process, or impair independence of courts
(READ: Tan v. Court of Appeals, 373 SCRA 524)
Applicable actions / proceedings

General rule: all actions, all courts

Exceptions (Rule 1, Sec. 4)
a) Election cases
b) Land registration cases
c) Cadastral cases
d) Naturalization cases
e) Insolvency proceedings
f) Administrative bodies - re rules of evidence
g) Labor cases
 Scope of civil procedure

a) Ordinary civi actions (Rules 1-56) - this class

b) Provisional remedies (Rules 57-61)- this class
c) Special civil actions (Rule 62-71)- another subject at
DLSU COL
 Limitations on rule-making power
of Supreme Court

1) Simplified and inexpensive procedure for speedy

disposition of cases
2) Uniform for courts of the same grade
3) Not diminish, increase, modify substantive rights
Constitution, Art. VIII
 Liberal construction

Rule 1, Sec. 6 - Rules liberally construed - to promote just,

inexpensive, speedy disposition of actions and proceedings
Litigation - not a game of technicalities (Alonso v. Villamor,
16 Phil. 315)
Not an excuse for violating rules with impunity (Republic v.
Kenrick Dev. Corp. 498 SCRA 220)
 When liberally construed

1. When rigid application would result in manifest failure or

miscarriage of justice
2. Interest of substantial justice
3. When resolution of motion is addressed solely to the sound
discretion of the judge
4. When injustice to the adverse party is not commensurate to
the degree of his thoughtless in not complying with procedure
(Vette Industrial v. Sui Soan Cheng, 509 SCRA 532)
 Some cases

1. Liberal in setting aside default orders so case will be tried on

the merits (Lorbes v. CA, 351 SCRA 716)

2. Filing notice of appeal one day late because counsel

suffered from diarrhea for several days and could not leave
the house - allowed (Samala v. CA, 363 SCRA 535)
3. Petition filed one day late because secretary forgot to leave
instructions for its filing, as her kids were sick and she had to
bring them to the doctor (Heirs of Rodolfo Crisotomo v.
Rudex, Aug. 24, 2011)

4. Appellants brief was filed 9 days late because of honest

mistake (Aguam v. CA, 332 SCRA 784)
Nature of Philippine Courts

Courts of law and equity (NB: SC Bar syllabus)

Court of equity - justice according to basic tenets of
fairness
NCC Art. 9 Courts should not decline to render judgment
despite the silence, obscurity or insufficiency of the laws.
Equity does not apply when here is an applicable law
Principle of judicial hierarchy

If SC, CA and RTC have jurisdiction, go to the RTC first;

then to CA. SC is the court of last resort.
Reason: Do not burden SC with task of deciding cases
which other courts can pass upon
Example of cases: Certiorari, prohibition, mandamus
When principle of judicial hierarchy
may be disregarded (BAR)

Nature and importance of the issue, as set forth in the

petition (Cruz v. Gingoyon, Sept. 28, 2011)
 Doctrine of non-interference or of
judicial stability (BAR)

Courts of equal and coordinate jurisdiction cannot interfere

with each others orders
Same with administrative bodies
Constitutional and statutory courts

Constitutional court
Supreme Court (no other)
Statutory courts
All courts
Sandiganbayan - created by law pursuant to
constitutional mandate
 Superior courts and inferior courts

Supreme Court
Court of Appeals
Regional Trial Court
Municipal / Metropolitan Trial Courts
 Courts of general and special
jurisdiction

Courts of general jurisdiction

Can take cognizance of all cases

Courts of special jurisdiction

Limited subject matters
Ex: Cadastral, tax
Original and appellate jurisdiction

Original
Where case is brought at the first instance

Appellate
Court which reviews decisions of lower courts

Ex: SC appellate; original for cases affecting ambassadors,

public ministers, consuls; and original for certiorari,
prohibition and mandamus cases
 Exclusive jurisdiction

Only that particular court can handle a particular case to

the exclusion of other courts
Ex: Forcible entry and unlawful detainer cases
MTCs - original and exclusive jurisdiction
 Concurrent jurisdiction

Coordinate jurisdiction
Different courts can take cognizance of the same subject
matter
Ex: Certiorari, prohibition, mandamus
Original and concurrent jurisdiction among SC, CA and
RTC
Court distinguished from judge

Court - tribunal assembled under authority of law

Judge - the officer of that tribunal
 Cause of action

Ordinary civil action

Cause of action: ROVID
Right of plaintiff
Obligation of defendant
Violation of that right, which causes ->
Injury or
Damage
 Basic framework of ordinary civil
actions

Hypothetical situation: Client consults you and wants to

sue someone for a sum of money.

Is there a right of action? A cause of action?

Which court has jurisdiction? Where is the venue? Who
are the parties? Has the claim prescribed? What are the
conditions precedent to filing?
 Lawyer prepares complaint
Lawyer files complaint, pays the filing or docket fees
Summons is served upon the defendant
Defendant files an answer, or may ask for a bill of
particulars before filing answer
 Pre-trial
Preliminary conference
Mediation
Juridicial dispute resolution (JDR)
Pre-trial proper
 Trial
Judgment
Post-judgment remedies
Execution and satisfaction of judgments