I.

GENERAL PRINCIPLES

A. DISTINGUISH SUBSTANTIVE LAW AND REMEDIAL LAW:

a. Substantive Law: Creates, defines and limits the rights and obligations concerning life, liberty
or property, the violation of which gives rise to a cause of action.

b. Remedial Law: Prescribes the methods for enforcing the rights and obligations created by
substantive law by providing a procedural system for obtaining redress for the invasion of rights and
violation of duties and by laying rules on how suits are filed, tried and decided upon by the courts.

NOTA BENE:

a. Procedural rules under the ROC are not laws: The ROC does not originate from the
legislature and cannot be considered as a law in the strict sense of the word, however, since they are
promulgated by authority of law, they have the force and effect of law. In case the ROC is in conflict with
a positive law, the ROC is subordinate to a statute and thus the statute will prevail.

b. Prospective effect of the ROC; Applicability to pending actions:

Gen. Rule: The ROC are not penal laws and cannot be given retroactive effects. They are
applicable only to cases brought after they take effect

Exception: They are applicable to cases which are pending and undetermined at the time of
their passage and are retroactive in that sense.

Exception to the exception (When the ROC are inapplicable to pending actions):

1. When the statute itself or by necessary implication provides that pending actions are
excepted from its operation

2. When applying the rules of procedure to pending actions would impair vested rights

3. When applying the rules of procedure would work injustice

4. When applying the rules of procedure would intricate problems of due process or would
impair the independence of the courts

c. When applicable to actions; When inapplicable:

1. When applicable: The ROC shall govern the procedure to be observed in civil actions, criminal
actions and special proceedings

2. When inapplicable: The ROC shall be inapplicable in:

  Election cases
 Land registration cases
 Cadastral cases
 Naturalization cases
 Insolvency proceedings

However, they may be made applicable suppletorily, by analogy or whenever practicable and
convenient.

 The ROC does not apply to non judicial proceedings

 The rules of evidence are not strictly observed in proceedings before quasi judicial and
administrative bodies
 The rules of evidence are not binding in labor cases

B. RULE MAKING POWER OF THE SUPREME COURT:

1. Limitations on the rule making power of the SC:

The SC shall have the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleadings, practice and procedure in all courts, the admission to the practice of
law, integrated bar and legal assistance to the underprivileged. Such rules shall provide for a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform in all courts of the
same grade and shall not diminish, increase or modify substantive rights. (Sec. 5 (5), Art. VIII)

2. Power of the SC to amend or suspend procedural rules:

 Power of the SC to amend the rules of procedure: The SC has the power to amend or repeal or
even to establish new rules for a more simplified and inexpensive process for the speedy
disposition of cases . The power to amend or repeal rules of procedure necessarily carries with it
the power to overturn judicial precedents on points of remedial law through the amendment of
the ROC.
 The SC may suspend the rules of procedure or to except a case from its operation when the
circumstances so warrant or when the interest of justice requires it.

Reasons that would warrant the suspension of the ROC:

 The existence of compelling circumstances

 The merits of the case
 The cause is not attributable to the party that would be favored by the suspension of the rules
 lack of showing that the review sought is merely frivolous and dilatory
 The rights of the adverse party will not be prejudiced by the suspension of the procedural rules
C. NATURE OF PHILIPPINE COURTS:

1. Meaning of a court: It is an organ of the government belonging to the judicial department the
function of which is to:

 apply the laws to the controversies brought before it

 public administration of justice

2. Distinguish court from a judge:

 A court is a tribunal assembled by authority of law while a judge is an officer of such tribunal
 A court has a personality separate and distinct from that of a judge
 A court is a public office while a judge is a public officer
 Jurisdiction attaches to the court and not to the judge. The continuity of a court and the efficacy
of its proceedings is not affected by the death, resignation or cessation from service of the judge

3. Courts of original and appellate jurisdiction:

 Courts of original jurisdiction: A court is one with original jurisdiction when actions or
proceedings are originally filed with it.
 Courts of appellate jurisdiction: A court is one with appellate jurisdiction when it has the power
of review over the decisions of a lower court

Nota Bene:
 MTC, MeTC, MCTC's are courts of original jurisdiction with respect to cases filed before
it
 RTC is a court of appellate jurisdiction over cases decided by the MTC, MCTC or MeTC.
It is also a court of original jurisdiction with respect to cases filed before it. It also has
jurisdiction for petition for the issuance of the writ of habeas data and petition for the
issuance of the writ of amparo
 The CA is a court of appellate jurisdiction over cases decided by the RTC and other
specified quasi judicial agencies. It also has original jurisdiction over cases for the
petition for prohibition, mandamus and certiorari and petition for the issuance of writ of
habeas data and writ of amparo and writ of habeas corpus
 The SC is a court of appellate jurisdiction. It also has original jurisdiction over cases
affecting consuls, ambassadors and public ministers. It also has original jurisdiction over
cases for petitions for certiorari, prohibition and mandamus and petitions for the
issuance of the writ of amparo and habeas data
 The SC en banc is not an appellate court to which the decisions or resolutions of a
division of the SC may be appealed from.

4. Courts of general and special jurisdiction :

  Courts of general jurisdiction: Courts that can decide on their own jurisdiction and can take
cognizance of all cases, whether civil or criminal. It is also a court that has the competence to
exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person or
body exercising judicial or quasi judicial functions (Thus, the RTC is considered as a court of
general jurisdiction)
 Courts of special jurisdiction: Courts clothed with special powers for the performance of
specified functions beyond which they have no authority of any kind.

5. Constitutional courts and statutory courts:

 Constitutional courts: Created by direct constitutional provision (SC)

 Statutory courts: Created by law other then the constitution

6. Courts of law and equity:

 Philippine courts are courts of both law and equity thus, both legal and equitable jurisdiction are
dispensed with in the same tribunal.

7. Principle of judicial hierarchy: A case must be filed in the lowest court possible having appropriate
jurisdiction except for special reasons that would allow a direct resort to the higher court. Where courts
have a concurrent jurisdiction over a subject matter, the doctrine of hierarchy of courts should be
observed. Thus, concurrence of jurisdiction of the courts over the subject matter does not grant the
party seeking relief the absolute freedom to file a petition in any court of his own choice.

Nota Bene:

 When the doctrine of judicial hierarchy may be disregarded: The SC may disregard the principle
of hierarchy of courts whenever warranted by the nature and importance in the interest of
speedy justice and to avoid future litigation. The following are reasons that may allow a direct
resort to the SC:
 When special and compelling circumstances are clearly stated in the petition
 When dictated by public welfare for the advancement of public policy
 When demanded by the broader interest of justice
 When the challenged orders are a patent nullity
 When analogous exceptional and compelling circumstances called for and justified the
immediate direct handling by the court

8. Doctrine of non interference (Doctrine of judicial stability): Courts of equal and coordinate
jurisdiction cannot interfere with each other's orders. This principle bars a court from reviewing the
decisions or orders of a co equal court over which it has no appellate jurisdiction or power of review.

9. Exclusive jurisdiction vs. Concurrent jurisdiction:

 Exclusive jurisdiction: Precludes the idea of co existence. Jurisdiction is possessed to the

exclusion of others.
 Concurrent Jurisdiction: It is the power of different courts to take cognizance of the same
subject matter. The court first taking cognizance of a case assumes jurisdiction to the exclusion
of other courts.