JURISDICTION

CIVIL PROCEDURE

Remedial Law CRIMINAL PROCEDURE

SPECIAL PROCEEDING

EVIDENCE
Remedial Law
Contrast with substantive law
Remedial Law
Civil procedure
Criminal procedure
Evidence
Special proceedings
Electronic Evidence
Jurisdiction
It is the power and authority of a court to resolve a controversy brought before it.

Jurisdiction is conferred by law and can never be subject to any agreement by the
parties.
Exclusive Jurisdiction
Only a particular authority has the authority and power to decide or resolve a case
belonging to a particular subject or category to the exclusion of other courts.

Metropolitan Trial Courts – Forcible Entry and/or Illegal Detainer cases.

(regardless of the amount involved)
Concurrent Jurisdiction
Two or more courts of a different nature or category have the power to decide a
case belonging to a particular subject or category.

Habeas Corpus and/or Quo Warranto - RTC, Court of Appeals or the Supreme Court
Original Or Appellate Jurisdiction
ORIGINAL JURISDICTION
A case belonging to a particular
subject/category should be filed first
with a particular court.
Direct (?)
APPELLATE JURISDICTION
Superior courts have the power and
authority to review, revise, amend or
reverse decisions given by inferior
courts regarding a controversy
brought before it.
Indirect (?)
Civil Procedure
Governs the procedure in courts over controversies that are civil or private in
nature.

Litigants=Private Persons
Civil Action
One by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong (Rules of Court Rule 1, Section 3a).
Stages of a Civil Action
• Initiation of Complaint
• Answer
• Reply
• Pleadings and Motions
• Pre-trial
• Trial
Stages of a Civil Action
• Judgment
• Post-judgment Remedies
• Appeal
• Execution of Judgment
Grounds for Dismissal
Forum Shopping;
Res Judicata;
Statute of Limitations;
Statute of Frauds;
Complaint states no cause of action; and
Cause of the complaint has already been extinguished
Grounds for Dismissal
The Rules provide several grounds on which defendant may move for the dismissal
of the complaint, hence avoiding a protracted and unnecessary trial. They are as
follows:
Court trying the case has no jurisdiction over defendant;
Court trying the case has no jurisdiction over the subject matter of the complaint;
Improper venue;
Plaintiff has no legal capacity to sue;
Bill of Particulars
A motion of a party requesting for a specific enumeration of allegations made by
the adverse party to enable the former to prepare a proper responsive pleading.
Motion shall be filed before responding to a pleading
It must be filed within the period granted for filing a responsive pleading
Filed either in a separate or amended pleading, serving a copy thereof to the
adverse party.
Provisional Remedies
• To preserve and protect certain rights of the parties during the pendency of the
trial.
•The Rules of Court allow and provide provisional remedies.
•If granted, however, a bond must be filed to answer for damages in the event it is
discovered that the person granted such provisional remedy was not entitled to the
same.
Common Provisional Remedies filed

Support
Preliminary
Attachment Replevin; and pending
Injunction
litigation
Attachment
Process whereby properties of the defendant

Either Real or Personal Properties

Are seized and held as security

For the satisfaction of any judgment that may be

eventually made.
Preliminary Injunction
Order of a court
Issued at any stage of the proceeding
But before final judgment ordering a person to perform an act or to refrain from
pertaining an act.
Replevin
Recovery of property held by the defendant claimed by the plaintiff as his.
Support Pending Litigation
Consists of support requested by a party from the other party during the pendency
of an action.
Reasons why Provisional remedies are
resorted to by litigants
•To preserve or protect rights of litigants while the main case is pending
•To protect the judgment of the court
•To maintain status quo
•To protect the subject matter of the action
Criminal Procedure
•Similar to the rules in civil procedure.
•Also provides for grounds in which the defendant move to quash the complaint.
•Termed Motion to Quash under the Rules of Court
Motion to Quash
A special pleading filed by the defendant
before entering his plea

Which hypothetically admits the facts in the

complaint or information

But also raises a defense which if duly

proved would preclude further proceedings
The Grounds in Motion to Quash
•The facts do not constitute an offense;
•Court trying the case has no jurisdiction over the offense charged;
•Court trying the case has no jurisdiction over the person of the accused;
•Officer who filed the information had no authority to do so;
•Complaint does not conform substantially to the prescribed form;
•More than one offense is charged, except when a single punishment for various
offenses is prescribed by law;
The Grounds in Motion to Quash
•Criminal action or liability has been extinguished
•Complaint contains averments which, if true, would constitute a legal excuse or
justification; and
•Double jeopardy
Special Proceeding
•Remedy by which a party seeks to establish a status, a right, or a particular fact.
(Section 3(c), Rule 1, Rules of Court)
•Governed by the 1997 Rules of Civil Procedure.
•In the absence of special provisions, the rules provided for in ordinary actions shall
be, as far as practicable, applicable in special proceedings
Special Proceedings provided for under
the Rules of Court
•Settlement of estate of deceased persons (Rules 73-90, Rules of Court)
•Escheat (Rule 91, Rules of Court)
•Guardianship and custody of children (Rule 92 to 97, Rules of Court)
•Trusteeship (Rule 98, Rules of Court)
•Adoption (Rule 99, Rules of Court)
•Rescission and Revocation of Adoption (Rule 100, Rules of Court)
Special Proceedings provided for
under the Rules of Court
•Hospitalization of Insane Persons (Rule 101, Rules of Court)
•Habeas Corpus (Rule 102, Rules of Court)
•Change of Name (Rule 103, Rules of Court)
•Voluntary Dissolution of Corporations (Rule 104, Rules of Court)
•Judicial Approval of Voluntary Recognition of Minor Natural Children (Rule 105,
Rules of Court)
•Family Home (Rule 106, Rules of Court)
Special Proceedings provided for
under the Rules of Court
•Declaration of Absence and Death (Rule 107, Rules of Court)
•Cancellation or correction of entries in the civil registry (Rule 108, Rules of Court)
Other Special Proceedings found in other
laws
•Summary proceedings under the Family Code
•Family Courts Act (R.A. no 8369)
a) Foster care
b) Temporary custody
c) Declaration of nullity of marriage on the ground of psychological incapacity;
d) Domestic violence against women and children
Other Special Proceedings found in
other laws
•Child and Youth Welfare Code (P.D. no. 1083)
•Child Abuse Act (P.D. no. 603)
•Child Employment Act (R.A. no. 7658)
•Inter-country Adoption Act (R.A. no 8043)
•Domestic Adoption Act
Evidence
The means, as sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter fact. (Section 1, Rule 128, Rules of Court)
In order for the evidence to be admissible, it should be relevant, material and
competent.
Evidence
It is COMPETENT if the evidence offered is not excluded by the Rules of
Court.
It is RELEVANT if it tends in any reasonable degree to establish the probability
or improbability of a fact in issue.
MATERIALITY means that the evidence offered directly proves a fact in issue.
Electronic Evidence
The Supreme Court promulgated the Rules on Electronic Evidence, which came into
effect on 1 August 2001.
The rules provided for the guidelines in the admission and appreciation of
electronically generated documents or date messages.
Electronic Document
Under the rules, it refers to information or representation of information, data,
figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or by
which a fact may be proved and affirmed, which is received, recorded,
transmitted, stored, processed, retrieved or produced electronically.
Includes digitally signed documents and any printout or output, readable by sight or
other means, which accurately reflects the electronic data message or electronic
document. (Section 1(hh), Rule 2, Rules on Electronic Evidence)
Application
The rules on electronic evidence shall apply to all criminal, civil and quasi-judicial
cases. (Supreme Court A.M. no 01-7-01) (effective October 14, 2002)
Republic Act no. 8792
Aims to facilitate all kinds of domestic and international dealings for the purpose of
expediting the development of the nation.

Among the myriad of players of chattels covered by the Act are shippers or
producers of goods, marketplace or online buyers and sellers.