This document discusses civil procedure and outlines various principles of remedial law and procedural rules. It covers topics such as the distinction between substantive and procedural law, the applicability and retroactivity of procedural rules, the rule-making power of the Supreme Court, the hierarchy and jurisdiction of Philippine courts, and exceptions to the observance of the court hierarchy.
This document discusses civil procedure and outlines various principles of remedial law and procedural rules. It covers topics such as the distinction between substantive and procedural law, the applicability and retroactivity of procedural rules, the rule-making power of the Supreme Court, the hierarchy and jurisdiction of Philippine courts, and exceptions to the observance of the court hierarchy.
This document discusses civil procedure and outlines various principles of remedial law and procedural rules. It covers topics such as the distinction between substantive and procedural law, the applicability and retroactivity of procedural rules, the rule-making power of the Supreme Court, the hierarchy and jurisdiction of Philippine courts, and exceptions to the observance of the court hierarchy.
This document discusses civil procedure and outlines various principles of remedial law and procedural rules. It covers topics such as the distinction between substantive and procedural law, the applicability and retroactivity of procedural rules, the rule-making power of the Supreme Court, the hierarchy and jurisdiction of Philippine courts, and exceptions to the observance of the court hierarchy.
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CIVIL PROCEDURE
Day 1. April 10, 2021
A. PRELIMINARIES: GENERAL PRINCIPLES
A. Concept of Remedial or Procedural Law 1. Alfonso Singson Cortal vs Inaki Larrazabal, G.R. No. 199107. August 30, 2017, 2. Vivencio, Eugenio, Joji and Myrna, All Surnamed Mateo vs. Department of Agrarian Reform, Land Bank of the Philippines and Mariano T. Rodriguez, et al., G.R. No. 186339, February 15, 2017 3. Priscilla Alma Jose v. Ramon C. Javellana, et al., G.R. No. 158239, January 25, 2012
A1. Remedial Law distinguished from Substantive Law.
1. Rodante Guyamin, et.al. v. Jacinto Flores, et.al., G.R. No. 202189, April 25, 2017 2. Bustos v. Lucero, G.R. No. L-2086, March 8, 1949 A2. Procedural laws applicable to actions pending at the time of promulgation 1. Panay Railways Inc. v. Heva Management and Development Corporation, et al., G.R. No. 154061, January 25, 2012
A3. Force and Prospective Effect of the Rules of Court.
1. Bermejo v. Barrios, 31 SCRA 764, 776
A4. Applicability to pending actions; retroactivity.
1. In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, 497 SCRA 626, 636-637 2. PCI Leasing and Finance, Inc. vs. Go Ko, 454 SCRA 586, 592 3. Go vs. Subanon, 642 SCRA 367, February 9, 2011. 4. First Aqua Traders, Inc. vs. Bank of the Philippine Islands, 514 SCRA 223, 226-227; G.R. NO. 154034 : February 5, 2007
A5. When procedural rules do not apply to pending action.
A6. May parties change the rules of procedure? A7. Matters of procedure which -may be agreed upon by the parties -are waivable -fall within the discretion of the court A8. Distinguish Civil Action, Criminal Action and Special Proceedings. A9. Liberal construction of procedural rules; purposes. (Sec. 6, Rule 1, Rules of Court) 1. Felix Martos, et al. v. New San Jose Builders, Inc., G.R. No. 192650, October 24, 2012 2. Maria Consolacion Rivera-Pascual v. Sps. Marilyn Lim, et al., G.R. No. 191837, September 19, 2012 3. F.A.T. Key Computer System v. Online Networks International, Inc. G.R. No. 171238; February 2, 2011 4. City of Dumaguete v. Phil Ports Authority, G.R. No. 168973, Aug. 24, 2011. 5. Alcantara v. Philippine Commercial and International Bank, G.R. No. 151349 : October 20, 2010
A9a.1.Extent and Scope of the Rule on Liberal Construction.
1. Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, 504 SCRA 484, 4962. Abrenica v. Law Firm of Abrenica, Tungol and Tibayan, 502 SCRA 614. 622.
A9b.General Rule on Liberal Constructions; exception.
1 Pilapil v. Heirs of Briones, 514 SCRA 197, 211 2. Barangay Dasmariñas v. Creative Play Corner School, G.R. No. 169942, Jan. 24, 2011.
A10. In what cases Rules of Court is not applicable. (Sec. 4, Rule 1, Rules of Court) 1. Atienza v. Board of Medicine, 642 SCRA 523, February 9, 2011) 2. Bantolino v. Coca-Cola Bottlers, Phil., Inc. 403 SCRA 699, 703) 3. Panuncillo v. CAP, Phils. Inc., 515 SCRA 323, 341. 4. Ong Chia v. Republic, 328 SCRA 749, 756
B. Rule-making power of the Supreme Court
a. Art. VIII, Sec. 5 (5), Constitution b. Art. VI, Sec. 30 c. Power to amend the rules. d. Power to suspend the Rules; power to reverse itself. e. Limitation on the rule-making power of the Supreme Court. 1. Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 2. Salvador Estipona, Jr. v. Hon. Frank E. Lobrigo, G.R. No. 226679, August 15, 2017 3. SM Land, Inc., et al. v. City of Manila, et al., G.R. No. 197151, October 22, 2012 4. Pinga v. Heirs of Santiago, G.R. No. 170354, June 30, 2006 5. In the Matter of the Petition for the Issuance of a Writ of Amparo in Favor of Lilibeth Ladaga v. Major General Reynaldo Mapagu, et al., G.R. No. 189689/G.R. No. 189691, November 13, 2012
B1. Nature of Philippine Courts
1. BP Oil and Chemicals International Philippines, Inc., Petitioner vs.Total Distribution & Logistic Systems, Inc., Respondents, G.R. No. 214406, February 6, 2017 a. Meaning of a court b. Distinguish: court and judge c. Classification of Philippine courts d. Courts of original and appellate jurisdiction e. Courts of general and special jurisdiction f. Constitutional and statutory courts Regular Courts (MTC, RTC, CA, SC) Art. VIII, Constitution BP 129 (Judiciary Reorganization Act of 1980) RA 7691 (expanding the jurisdiction of MetroTC, MTC, MCTC, amending BP 129) RA 7902 (expanding the jurisdiction of the CA, amending BP 129) Family Courts - RA 8369 (Family Courts Act of 1997) Special Courts Sandiganbayan PD 1616, as am. by RA 7975 and RA 8249 Court of Tax Appeals RA 9242 Quasi judicial bodies SEC ( Sec. 5.2, RA 8799, Securities Regulation Code) CSC ( Magpale vs. CSC, 215 SCRA 398 (1992)) HLURB (Delos Santos vs. Sps. Sarmiento, G.R. No. 154877, March 27, 2007
g. Courts of law and equity
h. Principle of judicial hierarchy 1. Senator Leila de Lima vs Hon. Juanita Guerrero, et al, G.R. No. 229781, October 10, 2017 2. Audi AG v. Mejia, G.R. No. 167533, July 27, 2007 3. Delos Reyes v. People, G.R. No. 138297, January 27, 2006 4. COMELEC v. Quijano-Padilla, G.R. No. 151992, September 18, 2002 5. United Claimants Association of NEA v. National Electrification Administration, G.R. No. 187107, January 31, 2012 6. Emmanuel De Castro v. Emerson Carlos, G.R. No. 194994, April 16, 2013
i. Exceptions to Observance of Hierarchy of Courts
1. Henry R. Giron vs. Hon. Executive Secretary Paquito N. Ochoa, Jr.,et al. G.R.No. 218463, March 1, 2017
j. Transcendental importance 1. United Claimants Association of NEA v. National Electrification Administration, G.R. No. 187107, January 31, 2012
k. Doctrine of non-interference or doctrine of judicial stability
1. Sinter Corporation and Phividec Industrial Authority v. Cagayan Electric Power and Light Co., Inc., G.R. No. 127371, April 25, 2002
NOTE: Digest all the given (numbered) cases and write them on word document, email to [email protected] and submit them not later than April 7, 2021 for checking and affixing the name of the group members and class at the top of the document. Document file format: Date of deadline, Group ___,. Late/incomplete submissions will not be accepted. Read the details of the assigned topics from the prescribed textbook and other supplementary reading materials. Be ready for a graded recitation GROUP A. (Expert Panel)
