Civil Procedure: First Half Reviewer by Atty. Anselmo

CIVIL PROCEDURE

One. General Principles a. Distinguish: Substantive law versus Remedial/Adjective law b. Rule-making power of the Supreme Court i. The Supreme Court has the sole prerogative to amend, repeal, or establish new rules.

ii. The NLRC has its own Rules of Procedure. Should its Rules be approved by the SC before they take effect? No. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

iii. Only the Supreme Court has the power to suspend or relax technical or procedural rules.

iv. The CA, RTC, and other courts cannot suspend or relax procedural rules.

c. Basics of Jurisdiction

i. Classification of Jurisdiction

One. Original versus Appellate - The case was originally filed versus Power to review the decision of a lower court

Two. General versus Special - The RTC versus Every other court

Three. Exclusive versus Concurrent - Only one court has jurisdiction versus Multiple courts a. NOTE: You just have to be familiar with these terms, so you can determine, based on the problem, which court has jurisdiction over the case.

Four. Example:

ii. Doctrine of Hierarchy of Courts/Judicial Hierarchy

One. General Rule:

a. The action must be filed with the lowest court possible having concurrent jurisdiction.

Two. Exceptions:

a. When there are genuine issues of constitutionality that must be addressed in the most immediate time;

b. When the issues involved are of transcendental importance;

c. Cases of first impression;

d. When the constitutional issues raised are best decided by this Court;

e. When the time element presented in this case cannot be ignored;

f. When the petition reviews the act of a constitutional organ;

g. When there is no other plain, speedy, and adequate remedy in the ordinary course of law;

h. When public welfare and the advancement of public policy so dictates, or when demanded by the broader interest of justice;

i. When the orders complained of are patent nullities;

j. When appeal is considered as clearly an inappropriate remedy.

Three. EX: The MTC gravely abused its discretion. What's your remedy? Where can you file? Where should you file, following the doctrine mentioned?

a. You can file a petition for certiorari to annul the order of the MTC. This petition can be filed with the RTC, the CA, or the SC, as all of these courts have concurrent original jurisdiction over petitions for certiorari. However, following the doctrine of hierarchy of courts, the petition must be filed with the RTC, because the petition must be filed with the lowest court possible with jurisdiction over the same.

iii. Doctrine of Adherence of Jurisdiction; Continuity of Jurisdiction

One. Under this doctrine, once jurisdiction is vested or has attached to a court, the same is retained up to the end of the litigation.

a. Hence, it cannot be ousted by subsequent events, although these events would have prevented jurisdiction from attaching in the first instance.

Two. EX: The RTC Manila has jurisdiction, if the complaint alleged that the claim is forty-four million five thousand pesos. Further, it retains jurisdiction even if, based on evidence, the plaintiff was only entitled to fifty thousand pesos.

a. NOTE: For continuity of jurisdiction, we do not check the evidence. we only check the allegations.

Three. EX: The MTC Manila has jurisdiction if the complaint alleged that the claim is two million pesos. Does it retain jurisdiction if, based on evidence, the plaintiff was entitled to two million five hundred thousand pesos?

a. Yes, but the MTC only has jurisdiction up to two million pesos. The MTC cannot award an amount in excess of two million pesos, because it would exceed its jurisdiction.

iv. Doctrine of Non-Interference/Judicial Stability - A court of equal and coordinate jurisdiction cannot interfere with each other's orders.

One. EX: RTC Manila issued a TRO. Can RTC Pasay annul that TRO?

a. No, because they are co-equal courts.

Two. This applies to administrative bodies.

a. How? If the decisions of the administrative body are reviewable by the CA, that body is co-equal to the RTC.

b. EX: The Civil Service Commission issued a ruling against Mr. A. Can Mr. A appeal the case to the RTC?

i. No, because the CSC is co-equal to the RTC. Under Rule forty-three, the ruling of the CSC is appealable to the CA.

Three. What is the remedy in case the second court annulled the TRO in violation of this doctrine?

a. He can file a motion to quash with the court that annulled the TRO.

i. He should not file the motion to quash with the first court.

Four. What if the second court denies the motion to quash?

a. The remedy is to file a petition for certiorari with the higher court, that has the power to nullify the order of the issuing court.

Five. However, this doctrine does not apply where a third party claimant is involved.

a. EX: Mr. A filed an action for judicial foreclosure against Mr. B with RTC Manila. Later on, the Court ordered the mortgaged property to be sold in a foreclosure sale, wherein Mr. A was the highest bidder. The redemption period expired, so the property is now registered in his name. Years later, it turned out that Mr. C is the true owner of the property, because Mr. B merely forged his signature to transfer it to him. What is the remedy of Mr. C?

i. He must file an action to annul the foreclosure sale, among others. Where will the case be filed? With the RTC once again.

b. Does this violate the doctrine of non-interference?

i. No, because Mr. C is a third party claimant.

Six. Distinguish doctrine of non-interference and doctrine of adherence of jurisdiction.

a. Non-interference - under this doctrine, courts cannot interfere with other courts of equal and coordinate jurisdiction.

b. Adherence - once jurisdiction attaches, it continues until the end of the litigation.