REMEDIAL LAW Remedial vs.

Substantive law Substantive law defines, creates, regulates rights and duties If violated gives rights to a cause of action

Remedial law- prescribes the methods of enforcing the substantive rights - Procedural law - Provides procedure for obtaining redress Sources of Remedial law: 1. Rules of Court 2. BP 129 3. Other Special laws 4. Supreme Court Circulars 5. Supreme Court Decisions Supreme Court has the power to promulgate rules with regards to pleadings, practice , procedure: Source : 1987 Constitution, Article. 8. Sec. 5 Congress cannot repeal Echegaray Case: Supreme Court also has the power to suspend the rules of court Classification of Courts 1. General and limited 2. Original and Appellate 3. Constitutional and statutory First Level Court MTC Municipal Trial Courts MCTC- Municipal Circuit Trial Courts MTCC Municipal Trial Courts in Cities MeTC Metropolitan Trial Courts (only in Metro Manila) Second Level Courts RTC Regional Trial Courts CA- Court of Appeals CTA- Court of Tax Appeals Sandiganbayan Shariah Courts- Persons, family, property relations - Among Muslims BP 129

As amended- determines jurisdiction

Jurisdiction power of the court to try and hear and render decision Venue refers to the place where the case will be heard and tried

Jurisdiction is conferred by law Venue maybe agreed upon by the parties

Jurisdiction is the authority to hear and try a case Venue is the place where a case shall be heard and tried

Requisites: 1. 2. 3. 4. 5. Jurisdiction over the plaintiff Jurisdiction over the defendant Jurisdiction over the subject matter Jurisdiction over the over the res Jurisdiction over the over the issue of the case (other authors)

Plaintiff executes SPA to file a case, Defendant opposed Did the court acquire jurisdiction? Yes, once the case is file in court. It may be filed by the plaintiff or duly authorized representative If SPA is made abroad Must have certification by the Phil. Embassy

Jurisdiction over defendant acquired through -by summons or - voluntary appearance (may not be personal, maybe through filing of motion) Except if motion to dismiss due to lack of service of summons - Filed motion to question jurisdiction There are cases without defendants example: special proceedings Jurisdiction over the RES acquired through (RES- refers to the thing subject in litigation - Maybe real or personal property - Maybe status or right Summons by publication- compliance of due process Jurisdiction over the ISSUES:

-Determined by the pleadings -Or pre-trial DOCTRINE OF CONTINUITY OF JURISDICTION - once the court acquires jurisdiction, it retains jurisdiction until it finally disposes the case General Rule: Lack of jurisdiction can be raised any time on trial even on appeal Exception: 1. Estoppel by laches (Tijam vs. Sibonghanoy)- sleeping on your rights 2. Active participation of a party will amount to recognition of the courts jurisdiction (Panday v. Estita)

CAUSE OF ACTION act or omission committed by the defendant in violation of the rights of the plaintiff Elements: 1. Rights of the plaintiff 2. Obligation of the defendant 3. Act or omission 4. Damage Classification: 1. Real or personal 2. Action in rem, personam, quasi in rem Real action- title or possession of real property Personal action not founded on real property Significance in determining whether real or personal action = to determine venue JURISDICTION: assessed value Real Property P20,000 outside Metro Manila (More than) P50,000 Metro Manila Personal P 300,000 outside Metro Manila more than P400,000 Metro Manila - If not capable of pecuniary Estimation = RTC Allegations in the complaint, not in the answer Action in Rem binding against the whole world Action in Personam binding only between the parties and their successors in interest Action Quasi- in Rem case directed at a particular person - Action seeks to bind the whole world over the property SUPREME COURT has 1. Original Exclusive Jurisdiction petition for CERTIORARI, MANDAMUS, PROHIBITION against CA, CTA, COMELEC, COA, Sandiganbayan

2. Original Concurrent with CA - CERTIORARI, MANDAMUS, PROHIBITION against RTC, CSC. NLRC, and other quasi judicial agencies 3. Original Concurrent with CA and RTC - CERTIORARI, MANDAMUS, PROHIBITION against 1st Level courts in Writ or Amparo and Writ of Habeas Corpus DOCTRINE OF HEIRARCHY OF COURTS - HIGHER COURT WILL NOT entertain direct resot to it unless the remedy asked cannot be available to the party by the lower courts - Special and important reasons clearly set out in the petition - Far reaching implication - Principle of judicial hierarchy Court of Appeals 1. Original Exclusive RTC Courts of general jurisdiction - Incapable of pecuniary estimation - Look at the principal relief asked not the damages MTC- courts of limited jurisdiction Cases not capable of Pecuniary estimation 1. Breach of contract 2. Specific performance Recovery of possession/ ownership see assessed value capable of Pecuniary Estimation