REMEDIAL LAW

TABLE OF CONTENTS

1. General Principles

1.1. Concept of remedial law 1

1.2. Substantive law vis-á-vis remedial law 1

1.3. Rule-making power of the Supreme Court

1.3.1 Limitations on the rule-making power of the Supreme Court

1.3.2. Power of the Supreme Court to amend and suspend procedural rules

1.4. Nature of Philippine courts 2

Meaning of a court

Court as distinguished from a judge

Classification of Philippine courts

Courts of original and appellate jurisdiction

Courts of general and special jurisdiction

Constitutional and statutory courts

Courts of law and equity

Principle of judicial hierarchy

Doctrine of non-interference or doctrine of judicial stability

Jurisdiction

2.1 Over the parties 4

How jurisdiction over the plaintiff is acquired

How jurisdiction over the defendant is acquired

2.2 Over the subject matter

6

2.2 1.
Meaning of jurisdiction.......................................................................................................................... overthesubjectmatter
2.2 2.
Jurisdiction versus the exercise of jurisdiction

2.2 3.
Error of jurisdiction as distinguished from error of judgment

2.2 4.
How jurisdiction is conferred and determined

2.2 5.
Doctrine of primary jurisdiction

2.2 6.
Doctrine of adherence of jurisdiction

2.2 7.
Objections to jurisdiction over the subject matter

2.2 8.
Effect of estoppel on objections to jurisdiction

2.3.
Over the issues .......................................................................................................................................
10
2.4
Over the res or property in litigation ..............................................................................................
11
2.5.
Jurisdiction of courts ............................................................................................................................
12
Supreme Court
Court of Appeals

Court of Tax Appeals

Sandiganbayan

Regional Trial Courts

Family Courts

Metropolitan Trial Courts/Municipal Trial Courts

Shari’a Courts

Over small claims; cases covered by the Rules on Summary Procedure and
Barangay conciliation 33

2.7 Totality rule 36

3. Civil Procedure

3.1. Actions 38

Meaning of ordinary civil actions

Meaning of special civil actions

Meaning of criminal actions

Civil actions versus special proceedings
Personal actions and real actions
Local and transitory actions

Actions in rem, in personam and quasi in rem

Independent Civil Actions

3.2. Cause of action 41

Meaning of cause of action

Right of action versus cause of action

Failure to state a cause of action

Test of the sufficiency of a cause of action

Splitting a single cause of action and its effects

Joinder and mis-joinder of causes of action

3.3. Parties to civil actions 51

Real parties-in-interest; indispensable parties; representatives as parties; necessary parties;

indigent parties; alternative defendants
Compulsory and permissive joinder of parties

Misjoinder and non-joinder of parties

Class suit

Suits against entities without juridical personality

Effect of death of party-litigant

3.4. Venue 61

Venue versus jurisdiction

Venue of real actions

Venue of personal actions

Venue of actions against non-residents

When the rules on venue do not apply

Effects of stipulations on venue

3.5. Pleadings 66
3.5.1. Kinds of pleadings 66

Complaint

Answer

Negative defenses
Negative pregnant

Affirmative defenses
Counterclaims

Compulsory counterclaim
Permissive counterclaim

Effect on the counterclaim when the complaint is dismissed

Cross-claims
Third (fourth, etc.) party complaints

Complaint-in-intervention
Reply
3.5.2. Pleadings allowed in small claim cases and cases covered by the Rules on

Summary Procedure 74

3.5.3. Parts of a pleading 77

Caption

Signature and address

Verification and certification against forum shopping

Requirements of a corporation executing the verification/certification of non-forum

shopping

Effect of the signature of counsel in a pleading

3.5.4. Allegations in a pleading 81

Manner of making allegations

Condition precedent

Fraud, mistake, malice, intent, knowledge and other condition of the mind,
judgments, official documents or acts
Pleading an actionable document

Specific denials
Effect of failure to make specific denials
When a specific denial requires an oath
3.5.5. Effect of failure to plead 86

Failure to plead defenses and objections

Failure to plead a compulsory counterclaim and cross-claim

3.5.6. Default 87

When a declaration of default is proper

Effect of an order of default

Relief from an order of default

Effect of a partial default

Extent of relief

Actions where default is not allowed

3.5.7. Filing and service of pleadings 96

Payment of docket fees

Filing versus service of pleadings

Periods of filing of pleadings

Manner of filing
Modes of service
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