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Civil Procedure 1 > Civil Procedure M1 (Judicial System) > Flashcards

Civil Procedure M1 (Judicial System) Flashcards

General Principles , Philippine Judicial System)

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Civil Procedure 1L flashcards
1
Q

Concept of Remedial Law

diff from nature

A
  • protect, enforce and redress of rights violated
  • procedural due process
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2
Q

How are remedial laws implemented in our system of government?

A

Through the justice system including prosecutive service, courts of justice, and quasi-judicial agencies

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2
Q

Sources of Remedial Law

A
  1. RoC
  2. S.C.
    a. circulars
    b. administrative orders (AOs)
    c. Jurisprudence/Court Decisions
    d. Internal Rules
  3. Provisions in the Constitution
  4. Statutes from legislature
    a. Laws creating judiciary (BP 129)
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2
Q

Major aspects of Remedial Law

A

Civil procedure
Criminal procedure
Special proceedings
Evidence

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3
Q

Scope of Civil Procedure in the RoC with their rule range

A
  1. Ordinary civil action (1-56)
  2. Provisional remedies (57-61)
  3. Specific civil actions (62-71)
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4
Q

Differentiate Substantive to Remedial Law

A

Substantive law refers to rights while remedial law is the process of enforcing those rights within courts

substantive law (a) creates rights (b) generally prospective (c) enacted by congress

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5
Q

If a rule creates the right to appeal, it is classified as ___, but if the rules is the means of implementing an existing right, then the rule is ___

CASE

A

substantive

procedural/remedial

Fabien v Desierto

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6
Q

The payment of docket fee is ___

A

procedural/remedial

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7
Q

Prospective Effect of RoC. Exceptions?

CASE. LAW

A
  1. not penal laws so are not retroactive
  2. rules in RoC take effect after and to pending cases except upon discretion of the court it would cause injustice then the older procedure will follow.

Tan Jr. v CA
Rule 114 RoC

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8
Q

How should the Rules of Court be construed?

A

LIBERALLY to promote a
just,
speedy, and
inexpensive disposition

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9
Q

Actions/Proceedings not governed by the RoC

CLINE

A

Rule 1 Sec 4
a. Election Cases
b. Land Registration Cases
c. Cadastral Cases
d. Naturalization Cases
e. Insolvency proceedings

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10
Q

What is the basis of the rule-making power of the Supreme Court?

A

Article VIII Section 5 (5) of the 1987

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11
Q

Limitations on the rule-making power of the SC

A
  1. rules shall provide simplified & inexpensive procedure for speedy resolution
  2. uniform for courts of the same grade
  3. rules shall not affect substantive rights
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12
Q

What is the rule similar to Dworkin’s Law as Integrity. Identify & Explain

A

Rule on Uniform Interpretation

every statute must be construed & harmonized with other statutes

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13
Q

For this one only latin term and explain

A

Pro hac vice rule

the ruling of cannot be used as a precedent to govern other cases

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14
Q

Rule 1 Section 6 of the RoC

A

Rule on liberal construction/interpretation

rules shall be liberally construed to promote just speedy, and inexpensive disposition of every action or proceeding

15
Q

What is a court?

LAW

A

judicial entity vested with portion of judicial power

Art. VIII S1 - “…and in such other lower courts as may be established by law.”

16
Q

3 Functions of Court

A
  1. decide actual controversies
  2. apply the law
  3. interpret law
17
Q

Classification of Philippine Courts

CROOCS

A

**C **onstitutional & Statutory
Court of R ecord, Probate ‘x’, Land Registration, Ecclesiastical, Military
Superior & Inferior
O riginal JD & Appellate JD
of Law & of Equity
C ivil & Criminal

18
Q

Superior v Inferior examples

A

SC - pure superior
CA, RTC - superior & inferior
MTC - pure inferior

19
Q

Original J.D. v Appellate J.D.

A

OG - originally filed
APP - power to review

20
Q

CA original or appellate JD?

A

Both on matters: (CMQHCP)
certiorari, mandamus, quo warranto, habeas corpus, and prohibition

21
Q

When is the SC an court of original JD?

A

cases involving;

Ambassadors
Public Ministers
Consuls

22
Q

the SC being the last resort is substantiated by the doctrine of?

Exceptions?

A

Doctrine of Judicial Hierarchy

EXC:
1. issues of constitutionality must be addressed immediately
2. transcendental importance
3. novel
4. time is of the essence

23
Q

What is the Doctrine of Exhaustion of
Administrative Remedies?

A

go through all of the steps that the ADMINISTRATIVE agency has provided for challenging its decision before they can file a lawsuit in court

24
Q

What are the inherent powers of the court

LAW

A

Rule 135 S5
1. Preserve & enforce order
2. enforce order in proceedings before it
3. compel obedience to its judgements, orders & processes
4. control conduct of its ministerial officers
5. compel attendance of persons to testify in a case
6. administer oaths
7. amend & control processes to conform to law
8. authorize copy of lost/destroyed pleading

25
Q

Remedial law is also known as

A

Adjective law

26
Q

in case of conflict between legislative laws/statutes vs rules of court or rules. which shall prevail?

A

The legislative laws shall prevail and the rules shall be subordinate

27
Q

“For this one only”

LATIN. DEF’N

A

Pro hac vice rule

one ruling cannot be used as precedent

28
Q

What is the exception to the liberal construction/interpretation of the rules?

A

parties has the burden of proving they deserve exceptional treatment

29
Q

What are the reasons that warrant the suspension of the rules of procedure or warrants liberal construction?

CCTOM

A
  1. existence of special/compelling circumstances
  2. merits of the case
  3. cause not entirely attributable to the fault/negligence of the party favored by the suspension of rules
  4. other party is not unjustly prejudiced
  5. transcendental matters of life, liberty, or state security
30
Q

Classification of courts

A
  1. Regular courts:
  2. Special courts:
  3. Quasi-courts or Quasi-Judicial agencies
    a. commissions (exec. in nature)
    b. boards (exec. in nature)
    c. administrative bodies (executive)
31
Q

Enumerate the regular courts

A

SC
CA
RTC
MTC

32
Q

Enumerate Special Courts

A

Sandiganbayan
CTA
Shari’a Courts & Shari’a Districts
Family Courts

33
Q

Enumerate (5) Five Quasi-Courts/Quasi-Judicial Agencies

A

BI - (Bureau of Immigration)
BIR - (**Bureau* of Revenue)
NLRC - (National Labors Relations Commission)
SEC - (Security & Exchange Commission)
LTFRB (Land Transportation Regulatory & Franchising Board)

34
Q

The practical purpose behind the ____________ is to provide an orderly procedure by
giving the administrative agency an opportunity to decide the matter by itself correctly and to prevent unnecessary and
premature resort to the courts. However, this is not an iron clad rule and admits of several well-defined exceptions.

A

principle/doctrine of exhaustion of administrative remedies

Civil Procedure 1 (21 decks)

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