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CHAPTER 5 – BASIC REMEDIAL LAW Oct.

1, 2019
How Jurisdiction is Acquired? proper forum under the rules of procedure, or as
 Jurisdiction of the court over the plaintiff or better equipped to resolve the issues since this
petitioner is acquired by the filing of the Court is not a tier of facts.
complaint, petition, or initiatory pleading  The principle of the hierarchy of courts generally
before the court by the plaintiff or petitioner. applies to cases involving factual questions.
(Personal jurisdiction) Actions
 Jurisdiction of the court over the defendant or  Means an ordinary suit in a court of justice, by
respondent is acquired by the voluntary which one party prosecutes another for the
appearance by the defendant to the court or by enforcement or protection of a right, or the
service of summons. prosecution or redress of a wrong. (De Guzman v.
 Jurisdiction of the court over the subject matter is CA)
conferred by law.
 Jurisdiction of the court over the res (thing) is Classification of Actions
acquired by actual or constructive seizure. 1. Real, Personal, Mixed
(Regalado, 1997) 2. In Rem, Personam, and Quasi in Rem
3. Transitory and Local
Payment of Docket Fee is Jurisdictional
 In a civil case filed before the court, proper docket 1. Real, Personal, Mixed
fees have to be paid before the court will attain Real Actions
jurisdiction.  Those brought for the protection of real rights,
specific recovery of lands, tenements, or one
In Pilipinas Shell Petroleum Corp. v. CA: founded on privity of estate only.
 Filing fees are intended to take care of court
expenses in the handling of cases in terms of cost Personal Actions
of supplies, use of equipment, salaries and fringe  Those brought for the specific recovery of goods
benefits of personnel, etc. and chattels; or of other redress for breach of
contract, or other injuries, of whatever
In Lee v. Republic: description; the specific recovery of lands,
 SC ruled that a case is deemed filed only upon tenements, and hereditaments only expected.
payment of the docket fee regardless of the actual  Arise either upon contracts, or for wrongs
date of filing of the case in court. independently of contracts.

In Manchester Dev’t Corp. v. CA: 2. In Rem, Personam, and Quasi in Rem


 A court acquires jurisdiction over any case only In Rem Action
upon the payment of the prescribed docket fee.  Directed against the thing itself. It is binding
 Henceforth, all complaints, petitions, answers and upon the whole world.
other similar pleadings should specify the amount  Ex. land registration
of damages being prayed for not only in the body
of the pleading, but also in the prayer, and said In Personam Action
damages shall be considered in the assessment of  Directed a particular person on the basis of his
the filing fees in any case. liability to establish a claim against him.
Judgment is binding upon the person impleaded
 The requirement of an appeal fee is by no means a and his successors in interest.
mere technicality of law or procedure. It is an  Ex. action for breach of contract
essential requirement without which the decision
appealed from would become final and executory Quasi In Rem Action
as if no appeal was filed at all.  Directed a particular person but the purpose is to
 The right to appeal is merely a statutory privilege bar and bid not only said person but any other
and may be exercised only in the manner person who claims any interest in the property
prescribed by, and in accordance with, the or right subject of the suit.
provision of the law.  Ex. action for judicial foreclosure of mortgage

Respect to the Hierarchy of Courts 3. Transitory and Local


 Disregarding the hierarchy of courts must be Transitory Actions
stopped, not only because of the imposition upon  The venue of which depends generally upon the
the precious time of this Court but also because of residence of the parties regardless of where the
the inevitable and resultant delay in the cause of action arose.
adjudication of the case which often has to be  Ex. personal action
remanded or referred to the lower court as the
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CHAPTER 5 – BASIC REMEDIAL LAW Oct. 1, 2019
Local Actions 2. The delict or wrongful act or omission of
 Required by Rules of Court to be instituted in a the defendant, by which the primary right
particular place in the absence of an agreement to and duty have been violated.
the contrary.  Determined not by prayer of the complaint but by
 Ex. real action the facts alleged.

Civil Action Definition of a Right of Action


 One by which a party sues another for the  It is the right to commence and maintain an action.
enforcement or protection of a right, or the In the law on pleadings, right of action is distinguished
prevention or redress of a wrong. from cause of action:
 May either be ordinary or special.
 Both are governed by rules for ordinary civil
actions, subject to the specific rules prescribed for Right of Action Cause of Action
a special civil action. (Sec. 3, Rule 1, Rules of Remedial right belonging Formal statement of the
Court) to some persons. operative facts that give
 Where the petitioner and defendant decide, on the rise to such remedial right.
discretion of the petitioner. Matter of right and Matter of statement and is
depends on the substantive governed by the law of
Criminal Action law. procedure.
 One by which the State prosecutes a person for Springs from the cause of
an act or omission punishable by law. action, but does not accrue
 Complainant can be private offended party; until all the facts which
violation of right of an individual. constitute the cause of
 There is recovery of damages. action have occurred.
 Principal complainant is the State.
 Violation of laws of the State.  When there is an invasion of primary rights, then and
 Danger of imposition of penal sanction. not until then does the adjective or remedial law
become operative, and under it arise rights of action.
Special Proceeding  There can be no right of action until there has been a
 Remedy by which a party seeks to establish a wrong—a violation of a legal right—and it is then
status, a right, or a particular fact. given by the adjective law.

Commencement of Action Parties to Civil Actions


 A civil action is commenced by the filing of the  Only natural or juridical persons or entities
original complaint in court. authorized by law may be parties in a civil action.
 If an additional defendant is impleaded in a later  Plaintiff – claiming party, the counter-claimant, the
pleading, the action is commenced with regard to cross-claimant, or the third (fourth, etc.) party plaintiff.
him on the date of the filing of such later pleading,  Defendant – original defending party, the defendant in
irrespective of whether the motion for its a counterclaim, the cross-defendant, or the third
admission, if necessary, is denied by the court. (fourth, etc.) party defendant.
(Sec. 5, Rule 1, ROC)
Classification of Parties
Causes of Actions 1. Real Party in Interest
Definition of a Cause of Action 2. Indispensable Party
 An act or omission by which a party violates a 3. Proper Party
right of another. Every ordinary civil action must 4. Pro Forma Party
be based on a cause of action. A party may not 5. Quasi-Parties
institute more than one suit for a single cause of 6. Representatives as Parties
action. (Rule 2 ROC) 7. Indigent Parties
 It is the fact or combination of facts which 8. Class Suit
affords a party a tight to judicial interference in
his behalf. 1. Real Party in Interest
 Must always consist of two elements:  Stands to be benefited or injured by the judgment
1. Plaintiff’s primary right and the in the suit, or the party entitled to the avails of the
defendant’s corresponding primary duty, suit.
whatever may be the subject to which they  Unless otherwise authorized by law or these Rules,
relate. every action must be prosecuted or defended in the
name of the real party in interest. (Rule 3, Rules of
Court)
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CHAPTER 5 – BASIC REMEDIAL LAW Oct. 1, 2019
2. Indispensable Party Venue of Actions
 A person without whom no final destination can Venue of Real Actions
be had of an action.  Actions affecting title to or possession of real
3. Proper Party property, or interest therein, shall be
 One who is not indispensable but ought to be commenced and tried in the proper court which
joined as a party if complete relief is to be has jurisdiction over the area wherein the real
accorded as to those already parties, or for a property involved is situated.
complete determination or settlement of the claim  Forcible entry and detainer actions shall be
subject of the action. (Rule 3, Rules of Court) commenced and tried in the municipal trial court
4. Pro Forma Party of the municipality or city wherein the real
 A husband or wife who is required to be joined property involved, or a portion thereof, is situated.
in suits by or against his spouse. (Rule 4, Rules of Court)
5. Quasi-Parties
 Those in behalf a class or representative suit is Venue of Personal Actions
brought.  All other actions may be commenced and tried
 Parties not initially or formally impleaded as where the plaintiff or any of the principal
original parties but later bind themselves to comply plaintiff resides, or where the defendant or any
with the terms of a judgment and compromise of the defendant resides, or in the case of a non-
rendered therein. resident defendant where he may be found, at the
6. Representatives as Parties election of the plaintiff. (Rule 4, Rules of Court)
 Where the action is allowed to be prosecuted or
defended by a representative or someone acting Venue of Actions against Non-residents
in a fiduciary capacity, the beneficiary shall be  If any if the defendants does not reside and is not
included in the title of the case and shall be found in the Philippines, and the action affects the
deemed to be the real party in interest. personal status of the plaintiff, or any property of
 A representative may be a trustee of an express said defendant located in the Philippines, the
trust, a guardian, an executor or administrator, action may be commenced and tried in the
or a party authorized by law or these Rules. court of the place where the plaintiff resides, or
 An agent acting in his own name and for the where the property or any portion thereof is
benefit of an undisclosed principal may sue or be situated or found. (Rule 4, Rules of Court)
sued without joining the principal except when the
contract involves things belonging to the principal. Criminal Action and Criminal Law
(Rule 3, Rules of Court) Criminal Action
7. Indigent Parties  One by which the State prosecutes a person for
 A party may be authorized to litigate his action, an act or omission punishable by law. (Sec. 3,
claim or defense as an indigent if the court, upon Rule 1, Rules of Court)
an ex parte application and hearing, is satisfied that
the party is one who has no money or property Criminal Law
sufficient and available for food, shelter and basic  RPC (Act 3815) was enacted into law by the
necessities for himself and his family. Philippine Legislature on Dec. 8, 1930. It took
 Such authority shall include exemption from effect on Jan. 1, 1932.
payment of docket and other lawful fees, and of  RPC consists of two books:
transcripts of stenographic notes which the court  Book One
may order to be furnished him.  Basic Principles affecting Criminal
 The amount of the docket and other lawful fees Liability (Art. 1-20)
which the indigent was exempted from paying  Provisions on Penalties (Art. 21-113)
shall be a lien on any judgment rendered in the  Book Two – defines the felonies with the
case favorable to the indigent, unless the court corresponding penalties, and the felonies
otherwise provides. (Rule 3, Rules of Court) are classified under 14 different titles.
8. Class Suit  There are also Special Penal Laws. These are laws
 When the subject matter of the controversy is one enacted by Congress which penalize specific acts
of common or general interest to many persons not included in the RPC. The medical
so numerous that it is impracticable to join all malpractice bill if passed forms part of a special
as parties, a number of them which the court finds criminal law because of the criminal provisions.
to be sufficiently numerous and representative as  The Philippine Criminal Law is influenced by
to fully protect the interests of all concerned may Spanish Penal Code and the American Criminal
sue or defend for the benefit of all. Justice System.
 Crimes are “owned” by the state, prosecuted by the
state in its own name [People v. the accused]
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CHAPTER 5 – BASIC REMEDIAL LAW Oct. 1, 2019
 There is no common law crime in the
Philippines.
 Common law crimes are based on case laws or
decisions of the court, and they are the body of
principles, usages, and rules of action, which do
not rest their authority upon any express and
positive declaration of the will of the legislature.
 Unless there be a particular provision in the
penal code or special penal law that defines and
punishes the act, even if it be socially or morally
wrong, no criminal liability is incurred by its
commission.

Criminal Action v. Civil Action


Criminal Action Civil Action
One by which the State One by which a party sues
prosecutes a person for an another for the enforcement
act/omission punishable by or protection of a right, or
law. the prevention or redress of
a wrong.
Commenced by a complaint Commenced by a complaint
or information filed by the or petition by a private
fiscal. person.
Brought in the name of the Brought in the name of the
state with the private real party in interest.
complainant as a mere
witness for the state.

References:
1. Books
 Legal Research & Bibliography by Ng, Po
 Regalado, Florenz D. (1997). Remedial Law
Compendium (6th rev ed). Manila, Philippines:
National Bookstore, Inc.
 Thurgood Marshall Law Library, University of
Maryland School of Law, “Guide to Legal
Research” (2006)

2. Laws, Rules of Court, and Administrative Issuances


 1997 Rules of Civil Procedure
 Revised Rules of Criminal Procedure
 Revised Rules on Evidence

3. Websites
 http://www.supremecourt.gov.ph
 http://www.gov.ph

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