I. General Principles Flashcards
In what kind of cases do the Rules of Court not apply? What are the exception to this cases?
- Election cases
- Land registration cases
- Cadastral cases
- Naturalization cases
- Insolvency proceedings
- Other cases not herein provided for
*except by analogy or in suppletory character whenever practicable and convenient
What is the general rule as to the retroactivity of the Rules of court? In what sense may they be applied ‘retroactively’?
- ROC provisions are not penal statutes and cannot
be given retroactive effect - However, in another sense, they are applied retroactively when they are made applicable to actions pending and undetermined at the time of
their passage.
What is the difference between substantive law and remedial law?
REMEDIAL LAW OR PROCEDURAL LAW
(a) provides a method of enforcing the rights
established by substantive law;
(b) prescribes the method of enforcing rights or
obtaining redress for their invasion. [Bustos v
Lucero (1948)
(c) Judicial process for enforcing rights and duties
recognized by substantive law and for justly
administering remedy and redress for a disregard
or infraction of them. [Fabian v Desierto (1998)]
SUBSTANTIVE LAW
That part of the law which creates, defines and
regulates rights concerning life, liberty, or property, or
the powers of agencies or instrumentalities for the
administration of public affairs [Bustos v Lucero
(1948)]
What are the limitations in the rule-making power of the Supreme Court?
(a) that the rules shall provide a simplified and
inexpensive procedure for speedy disposition of
cases;
(b) that the rules shall be uniform for courts of the
same grade; and
(c) that the rules shall not diminish, increase or
modify substantive rights.
What is the basis of the power of the Supreme Court to amend and suspend procedural rules?
The constitutional faculty of the Court to
promulgate rules of practice and procedure
necessarily carries with it the power to overturn
judicial precedents on points of remedial law
through the amendment of the Rules of Court
Who has the right to amend, repeal, or establish new rules?
The SC has the sole prerogative to amend, repeal,
or even establish new rules for a more simplified
and inexpensive process, and the speedy
disposition of cases.
What is a court?
(a) A court is an organ of the government belonging
to the judicial department, the function of which is
the application of the laws to controversies
brought before it (and) as well as the public
administration of justice.
(b) Generally, the term describes an organ of the
government consisting of one person or of several
persons, called upon and authorized to
administer justice. It is also the place where
justice is administered.
Differentiate between court and judge?
Court:
a) Tribunal officially assembled under authority of law
b) An organ of the government with a personality separate and distinct from judge
c) Office
Judge:
a) Simply an officer of such tribunal
b) Person who sits in court
c) Public officer
*The continuity of a court and the efficacy of its
proceedings are not affected by the death,
resignation, or cessation from the service of the
judge presiding over it.
Classification of Philippine Courts? (What are the different classifications of Philippine courts?)
a) Courts of law and equity
(b) Courts of Original and Appellate jurisdiction
(c) Courts of General and Special jurisdiction
(d) Constitutional and statutory courts
(e) Superior and Inferior courts
(f) Courts of record and not of record
Differentiate between courts of original jurisdiction v. appellate jurisdiction.
a) Courts of original jurisdiction – Those courts in
which, under the law, actions or proceedings may
be originally commenced.
b) Courts of appellate jurisdiction – Courts which
have the power to review on appeal the decisions
or orders of a lower court. [Regalado]
Differentiate between courts of general and special jurisdiction.
(a) Courts of general jurisdiction – Those competent
to decide their own jurisdiction and to take
cognizance of all kinds of cases, unless otherwise
provided by the law or Rules.
(b) Courts of special or limited jurisdiction – Those
which have no power to decide their own
jurisdiction and can only try cases permitted by
statute. [Regalado
Differentiate between constitutional and statutory courts.
(a) Constitutional courts – Those which owe their
creation and existence to the Constitution and,
therefore cannot be legislated out of existence or
deprived by law of the jurisdiction and powers
unqualifiedly vested in them by the Constitution.
e.g. Supreme Court; Sandiganbayan is a
constitutionally-mandated court but created by
statute.
(b) Statutory courts – Those created, organized and
with jurisdiction exclusively determined by law.
[Regalado]
Are Philippine courts, courts of law OR courts of equity?
Philippine courts are both courts of law and equity.
Hence, both legal and equitable jurisdiction is
dispensed with in the same tribunal [U.S. v.
Tamparong (1998)]
What is the principle of judicial hierarchy? What is its purpose? When is the doctrine disregarded?
The judicial system follows a ladderized scheme
which in essence requires that lower courts
initially decide on a case before it is considered by
a higher court. Specifically, under the judicial
policy recognizing hierarchy of courts, a higher
court will not entertain direct resort to it unless
the redress cannot be obtained in the appropriate
courts. [Riano citing Santiago v. Vasquez (1993)
Purpose: Avoid further clogging of the dockets
When is it disregarded: A direct recourse of the Supreme Court’s original jurisdiction to issue writs should be
allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition. (Mangahas v. Paredes)
What is the doctrine of non-interference? Or judicial stability? What is the extent of its application?
The principle holds that courts of equal and
coordinate jurisdiction cannot interfere with each
other’s orders [Lapu-lapu Development and
Housing Corp. v. Group Management Corp.(2002)]
The principle also bars a court from reviewing or
interfering with the judgment of a co-equal court
over which it has no appellate jurisdiction or
power of review [Villamor v. Salas (1991)].
Extent: Applicable with equal force to administrative bodies; When the law provides for an appeal from the decision of an administrative body to the SC or CA, it means that such body is co-equal with the RTC in terms
of rank and stature, and logically beyond the
control of the latter
