Civil Procedure M1 (Judicial System) Flashcards
General Principles , Philippine Judicial System)
Concept of Remedial Law
diff from nature
- protect, enforce and redress of rights violated
- procedural due process
How are remedial laws implemented in our system of government?
Through the justice system including prosecutive service, courts of justice, and quasi-judicial agencies
Sources of Remedial Law
- RoC
- S.C.
a. circulars
b. administrative orders (AOs)
c. Jurisprudence/Court Decisions
d. Internal Rules - Provisions in the Constitution
- Statutes from legislature
a. Laws creating judiciary (BP 129)
Major aspects of Remedial Law
Civil procedure
Criminal procedure
Special proceedings
Evidence
Scope of Civil Procedure in the RoC with their rule range
- Ordinary civil action (1-56)
- Provisional remedies (57-61)
- Specific civil actions (62-71)
Differentiate Substantive to Remedial Law
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
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
substantive
procedural/remedial
Fabien v Desierto
The payment of docket fee is ___
procedural/remedial
Prospective Effect of RoC. Exceptions?
CASE. LAW
- not penal laws so are not retroactive
- 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
How should the Rules of Court be construed?
LIBERALLY to promote a
just,
speedy, and
inexpensive disposition
Actions/Proceedings not governed by the RoC
CLINE
Rule 1 Sec 4
a. Election Cases
b. Land Registration Cases
c. Cadastral Cases
d. Naturalization Cases
e. Insolvency proceedings
What is the basis of the rule-making power of the Supreme Court?
Article VIII Section 5 (5) of the 1987
Limitations on the rule-making power of the SC
- rules shall provide simplified & inexpensive procedure for speedy resolution
- uniform for courts of the same grade
- rules shall not affect substantive rights
What is the rule similar to Dworkin’s Law as Integrity. Identify & Explain
Rule on Uniform Interpretation
every statute must be construed & harmonized with other statutes
For this one only latin term and explain
Pro hac vice rule
the ruling of cannot be used as a precedent to govern other cases
Rule 1 Section 6 of the RoC
Rule on liberal construction/interpretation
rules shall be liberally construed to promote just speedy, and inexpensive disposition of every action or proceeding
What is a court?
LAW
judicial entity vested with portion of judicial power
Art. VIII S1 - “…and in such other lower courts as may be established by law.”
3 Functions of Court
- decide actual controversies
- apply the law
- interpret law
Classification of Philippine Courts
CROOCS
**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
Superior v Inferior examples
SC - pure superior
CA, RTC - superior & inferior
MTC - pure inferior
Original J.D. v Appellate J.D.
OG - originally filed
APP - power to review
CA original or appellate JD?
Both on matters: (CMQHCP)
certiorari, mandamus, quo warranto, habeas corpus, and prohibition
When is the SC an court of original JD?
cases involving;
Ambassadors
Public Ministers
Consuls
the SC being the last resort is substantiated by the doctrine of?
Exceptions?
Doctrine of Judicial Hierarchy
EXC:
1. issues of constitutionality must be addressed immediately
2. transcendental importance
3. novel
4. time is of the essence
What is the Doctrine of Exhaustion of
Administrative Remedies?
go through all of the steps that the ADMINISTRATIVE agency has provided for challenging its decision before they can file a lawsuit in court
What are the inherent powers of the court
LAW
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
Remedial law is also known as
Adjective law
in case of conflict between legislative laws/statutes vs rules of court or rules. which shall prevail?
The legislative laws shall prevail and the rules shall be subordinate
“For this one only”
LATIN. DEF’N
Pro hac vice rule
one ruling cannot be used as precedent
What is the exception to the liberal construction/interpretation of the rules?
parties has the burden of proving they deserve exceptional treatment
What are the reasons that warrant the suspension of the rules of procedure or warrants liberal construction?
CCTOM
- existence of special/compelling circumstances
- merits of the case
- cause not entirely attributable to the fault/negligence of the party favored by the suspension of rules
- other party is not unjustly prejudiced
- transcendental matters of life, liberty, or state security
Classification of courts
- Regular courts:
- Special courts:
- Quasi-courts or Quasi-Judicial agencies
a. commissions (exec. in nature)
b. boards (exec. in nature)
c. administrative bodies (executive)
Enumerate the regular courts
SC
CA
RTC
MTC
Enumerate Special Courts
Sandiganbayan
CTA
Shari’a Courts & Shari’a Districts
Family Courts
Enumerate (5) Five Quasi-Courts/Quasi-Judicial Agencies
BI - (Bureau of Immigration)
BIR - (**Bureau* of Revenue)
NLRC - (National Labors Relations Commission)
SEC - (Security & Exchange Commission)
LTFRB (Land Transportation Regulatory & Franchising Board)
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.
principle/doctrine of exhaustion of administrative remedies
