GR: Remedial law should be applied prospectively

Exception: It may be applied retrospectively

Exception to the exception:

1. Limitations of the Rule making power of the Supreme court

2. Power of the Supreme Court to amend and Suspend Procedural rules
a. Makati Insurance Co. Inc vs Reyes
3. Power of the Supreme court to suspend the application of the Rules of
Court and exempt a case from its operation
a. Jurisprudence
b. Equity and Justice
c.

4. Reasons that would warrant the suspension of the Rules of Procedure

5. These Rules shall be LIBERALLY CONSTRUED in order to promote their
objectives of securing a just, speedy and inexpensive disposition of every
action (Sec. 6 Rule 1)
a. Exceptions:
i. Reglementary period
ii. Rule on Forum Shopping
iii. Service of Summons
6. What is a Court?
a. Organ of the government, belonging to the judicial department
whose function is the application of laws to controversies brought
before it and the public administration of justice
7. Distinguish a court and a judge (Page 3 of 2016 UST Golden Notes)
8. How is Philippine courts is classified?
a. Superior Courts and First Level courts
b. Courts of Original Jurisdiction and Courts of Appellate jurisdiction
c. Civil and Criminal Courts
d. Courts of law and Courts of equity
e. Constitutional courts and statutory courts
9. Special Courts
10. Constitutional court – Supreme court
11. Constitutional court vs Statutory Court
12. Courts of Law vs Courts of Equity
13. Superior vs Inferior courts
14. Courts of record
a. Courts who are bound to keep written records of all trials and
proceedings handled by them
15. Principle of Judicial Hierarchy
a. Lower Court shall initially decide a case before it is considered by a
higher court. Higher court will not entertain direct resort to it.
i. Exception: unless the redress desired cannot be obtained in
the appropriate proceedings
ii. If two courts have two concurrent jurisdiction
16. Principle of Judicial Hierarchy IS NOT ABSOLUTE:
17. Doctrine of Non- interference or doctrine of judicial stability
a. It applies on Administrative bodies
 b. Exception: Does not apply on Third party claimaints
18. Definition of Jurisdiction
19. How is jurisdiction over the plaintiff is acquired
a. Filing of the complaint. This presupposes the payment of docket
fees
20. How is jurisdiction over the defendant is acquired
a. Arrest
b. Service of Summons
c. Voluntary Surrender
21. Jurisdiction of the parties
22. Jurisdiction over the defendant is necessary in action in personam
a. No longer necessary in action in rem as long as the courts has
jurisdiction over the res
23. When can lack of jurisdiction be applied
a. At anytime. Exception: When it is already barred by estoppel.
24. Distinguish Jurisdiction over Subject Matter and Jurisdiction over persons
25. Error of Jurisdiction vs Error of Judgment
a. Page 13 Lakas Atenista Notes
26. Jurisdiction over the subject matter
27.