Introduction to Civil Procedure Source: 1997 Revised Rules of Court April 8,1997 When we speak of civil procedure we need

to distinguish a substantive law from a remedial law Substantive Law creates, defines or regulates the rights concerning life, liberty or property or the powers of agencies or instrumentalities for the administration of public affairs Example Who regulates Civil Code Remedial Law provisions prescribing the method by which substantive right may be enforced in courts of justice

Rules of Court

Congress through passing of laws Supreme Court or statutes

What is Civil Procedure? Civil procedure is one which provides for the manner by which civil claims are prosecuted by filing, trial, judgment, appeals, and execution Civil Procedure covered by Rules 1-56 Other portions pertain to provisional remedies, special civil actions, spec pro, evidence, disbarment, and discipline of judges Rule Making Power of the Supreme Court stated under the Art VIII Section 5 of the Constitution which provides that; Limitations: 1. Rule shall provide simplified and inexpensive procedure for the speedy disposition of cases; 2. Rule shall be uniform for all courts of the same day; 3. Rule shall not diminish, increase or modify substantive rights. Court definition: as held in the case of Luntoc v. Batung 63 phil 1054 entity or body vested with a portion of judicial power; it is also viewed as like a corporation which has no physical existence but has a legal one Why portion? Because of the Constitutional provision that states that the judicial power shall be vested in ONE Supreme Court and in such other lower courts as may be established by law.

What is the reason why the law creates different courts? This is to divide cases or judicial power among them so that one court may not be burdened with so many cases. So judicial power is not exercise by one court but by several courts. For example: naa kuy file.an ug kaso kay wala nibayad ug utang pwede ba ko mudretso sa SC, NO. dapat mag start sa Municipal Trial Court depending sa amount. Because of this definition you cannot go directly to the SC because not all cases can be filed there, you have to start from certain courts from your city or municipality this is also in accordance with the Principle of Hierarchy of Courts, so naa jud na xa level level. So each court has its own jurisdiction and may try only cases within its jurisdiction. No court has all the power of the judiciary but only a portion of it. So there is in effect a division of labor. It is not correct to state that the judge and the court are the same thing. The judge is only the person or officer who preside the court. Distinctions: 1. The court is the entity or tribunal vested with a portion of a judicial power, while the judge is the person who presides the court How do we Classify Courts? 1. 2. 3. 4. 5. Superior Courts and First Level Courts Courts of Original Jurisdiction and Courts of Appellate Jurisdiction Civil Courts and Criminal Courts Courts of Law and Courts of Equity Constitutional Courts and Statutory Courts

A Superior Court which is also known as courts of general jurisdiction are those which take cognizance of all kinds of cases whether civil or criminal and possess supervisory authority over lower courts; First level courts on the other hand is also known as an inferior courts or a court of special or limited jurisdiction; it is one which takes cognizance of certain specified cases only. Constitutional View: ONLY one Superior Court which is the Supreme Court Real Viewpoint: The CA might be inferior to the SC, but is superior of the RTC Barangay is not a COURT Original Court- case is commenced; Appellate Court- case is reviewed Supreme Court is both- original on certiorari, mandamus, etc.; CA is both; RTC is both; ONLY MTC has original jurisdiction Civil Courts civil cases only; Criminal- criminal cases only

Courts of Law- administers the law of the land; Courts of Equity- according to precepts of equity or justice Constitutional Courts-created by the Constitution e.g SC; Statutory Courts- created by law e.g CA, RTC, MTC Inherent Powers of the Court embodied Section 5 RULE 135 of the Rules of Court