Remedial Law (Civil Procedure) Flashcards
Distinguish between jurisdiction and venue.
Jurisdiction and venue are distinguished as follows:
(1) Jurisdiction is the authority to hear and determine a case; venue is the place where the case is to be heard or tried.
(2) Jurisdiction is a matter of substantive law; venue, of procedural law.
(3) Jurisdiction establishes a relation between the court and the subject matter; venue, a relation between plaintiff and defendant, or petitioner and respondent.
(4) Jurisdiction is fixed by law and cannot be conferred by the parties; venue may be conferred by the act or agreement of the parties.
(Manila Railroad Co. v. Attorney-General, 20 Phil. 523)
Distinguish between errors of jurisdiction and errors of judgment.
Errors of jurisdiction are reviewable in an original action for certiorari. Errors of jurisdiction render a judgment void or, at least, voidable.
Errors of judgment are correctible by appeal. Errors of judgment are grounds for reversal only if it is shown that prejudice has been caused thereby.
What are provisional remedies? Why are they ‘provisional’ and ‘ancillary’?
Provisional remedies (ancillary or auxiliary remedies) are writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and, for purposes of the ultimate effects, of a final judgment in the case.
They are ‘provisional’ because they constitute temporary measures availed of during the pendency of the action.
They are ‘ancillary’ because they are mere incidents in and are dependent upon the result of the main action.
Enumerate the provisional remedies present in the revised Rules of Court and highlight their appropriate Rule citation.
The provisional remedies present in the revised Rules of Court with their corresponding Rule citation are:
Rule 57. Preliminary attachment
Rule 58. Preliminary injunction
Rule 59. Receivership
Rule 60. Replevin
Rule 61. Support pendente lite
