I.

GENERAL PRINCIPLES:

A. BASIC CONCEPTS IN REMEDIAL LAW

a. What is Remedial Law? Concept of Remedial Law.
Remedial law is that branch of law which prescribes the method of enforcing the
right or obtaining redress for their invasions. (Bustos v. Lucero)
b. What is a Remedial Statute?
Remedial statutes refer to the Statutes relating to remedies or modes of
procedure, which do not create new or take away vested rights, but only operate
in furtherance of the remedy or confirmation of rights already existing; do not
come written within the legal conception of a retrospective law, or the general
rule against the retrospective operation of statutes. (Castro v. Sagales)
c. What are the mechanics of Due Process as part of Remedial Law?
A court or tribunal clothed with judicial power to hear and determine the
matter before it.
Jurisdiction must be lawfully acquired over the person of the defendant or
over the property which is the subject of the proceeding
The defendant must be given an opportunity to be heard
Judgment must be rendered upon a lawful hearing. (CBTC v. CA)
d. Meaning of Procedural Laws.
Delos Santos v. Vda. De Mangubat:
Procedural law refers to the adjective law which prescribes rules and form of
procedure in order that courts may be able to administer justice. Procedural laws
do not come within the legal conception of a retroactive law or the general rule
against the retroactive operation of statutes that may be given retroactive effect
on actions pending and undetermined at a time of their passage and this will not
violate any right of a person who may feel that he is adversely affected, inasmuch
as there are no vested rights in rules of procedure. (Jose v. Javellana)
e. Nature of Procedural Rules/Adjective Law: Purpose.
Adjective law ensures the effective enforcement of substantive rights through the
orderly and speedy administration of justice.
f. Distinctions between Substantive law and Procedural law:
Substantive law creates, defines, and regulates rights;
Procedural law prescribes the rules and forms of procedure in the
administration of justice
Substantive law cannot be waived, since it is conferred by law
Procedural law can be waived or subject to agreement of parties
g. Retroactive application of procedural laws
Statutes and rules regulating the procedure of courts are considered applicable to
actions pending and unresolved at the time of their passage.
Procedural laws and rules are retroactive in that sense and to that extent.
h. Fresh Period Rule a procedural law: Retroactive application
It prescribes a fresh period of 15 days within which an appeal may be made in the
event that a motion for reconsideration is denied by the lower court.
Following the rule on retroactivity of procedural laws, the fresh period rule should
be applied to pending actions.
i. Power to promulgate rules lodged with the Supreme Court:
Constitutional Basis.
Sec. 5, Art. VIII, par. 5:

(5) Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
i. SC has the sole power to amend, repeal or establish new rules.
For a more simplified and inexpensive process, and the speedy disposition
of cases. (Neypes v. CA)
1. Unlike the 1935 and 1973 Constitutions, which empowered Congress
to repeal or supplement the rules of the SC concerning pleading,
practice and procedure, the 1987 Constitution removed this power
from the Congress. (GSIS v. Heirs of Caballero)
j. What is the nature of the Rules of Court?
The rules embodied in the Rules are not laws in the strict sense of the word since
they did not emanate from the legislature, but since they were promulgated
under authority of law, such rules have the force and effect of laws. (Alvero v.
Dela Rosa)
k. Application of the Rules of Court.
Sec. 3, Rule 1: Cases governed.
These Rules shall apply in all the courts, except as otherwise provided
by the Supreme Court.
Applies to the:
SC
CA
Sandiganbayan
CTA
RTC
MTC, MCTC,MuTc
Exception:
Where the SC otherwise provides.
BASIC CONCEPTS ON JURISDICTION
(1) What is jurisdiction?
(a) Jurisdiction- Power of the court to hear and decide cases, and to execute
judgment thereon.
(b) It is the authority to hear and determine a cause- the right to act in a
particular case.
(2) Jurisdiction is lodged with the Court not with the judge.
(3) Allegations in the complaint determines jurisdiction.
Determinative of which regular court had jurisdiction would be the allegations
of the complaint and the principal relief thereby sought.
(4) Classifications of jurisdiction:
(a) General
(b) Special
(c) Limited
(d) Original
(e) Exclusive
(f) Exclusive Original
(g) Appellate

(h) Concurrent
(i) Delegated
(j) Territorial
(5) As to its nature.
(a) GeneralThe power of the court to adjudicate all controversies except those
expressly withheld from the plenary powers of the court. It extends to all
controversies which may be brought before a court within the legal bounds
of rights and remedies.
(i) A court of general jurisdiction is presumed to be acting within its
jurisdiction unless the contrary is shown.
(b) Special
One which restricts the courts jurisdiction only to particular cases and
subject to such limitations as may be provided by the governing law. It is
confined to particular causes, or which can be exercised only under the
limitations and circumstances prescribed by the statute.
1. Sandiganbayan
2. CTA
3. Shariah District Courts
4. RTC
5. Family Courts
6. Shariah Circuit Courts
7. Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial
Court
(c) LimitedOnly has jurisdiction expressly delegated and must appear from the record
that its acts are within its jurisdiction.
(i) Probate court is of limited jurisdiction. It acts on matters pertaining to
the estate but never on the rights to property arising from contract.
(d) OriginalThe power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under the conditions provided by law.
1. Supreme Court
2. CA
3. Sandiganbayan
4. Regional Trial Court
5. Shariah District/Circuit Court
6. MTC, MCTC, MuTC
(e) ExclusiveThe power of the court to take judicial cognizance of a case or proceeding
to the exclusion of all other courts at that stage.
(f) Exclusive and OriginalThe power of the court to take judicial cognizance of a case instituted for
the judicial action for the first time under the conditions provided by law
and to the exclusion of all other courts.
(g) Appellate The power and authority conferred upon a superior court to rehear and
determine causes which have been tried in lower courts, the cognizance
which a superior court takes of a case removed to it, by appeal or writ

of error, from the decision of a lower court, or by review by a superior

court of the final judgment or order of some lower courts.
The authority of a court higher in rank to re-examine the final order or
judgment of a lower court which tried the case or elevated for judicial
review. It is jurisdiction conferred upon, or inherent in the first instance.
Original and appellate exclusive of each other: Must be
conferred by law.
Since the two jurisdictions are exclusive of each other, each must be
expressly conferred by law. One does not flow from, nor is inferred from,
the other.

ENUMERATION OF JURISDICTION:
(a) ORIGINAL JURISDICTION
Supreme Court
Exercise original jurisdiction over the following cases to wit:
a. Actions involving ambassadors, public ministers and
other consuls;
b. Over petitions for certiorari, prohibition, mandamus, quo
warranto, habeas corpus;
c. Petitions for Writ of Amparo
d. Petition for Habeas Data
e. Petition for Writ of Continuing Mandamus
f. Petition for Writ of Kalikasan
Court of Appeals
Sec. 9, BP 129:
a. Petition for certiorari, prohibition, mandamus, quo warranto,
habeas corpus;
b. Writ of Amparo (AM 7-09-12-SC)
c. Habeas Data (AM 8-1-16-SC)
d. Writ of Continuing Mandamus
e. Writ of Kalikasan
f. Petition for freeze order on any monetary instrument,
property or proceeds relating to or involving any unlawful
activity as defined under Sec. 3j of RA 9160 as amended by
RA 9194 ( Anti-Money Laundering Act of 2001)
Regional Trial Courts
Sec. 21, BP 129
a. Actions involving ambassadors, public ministers and consuls;
b. Petitions for certiorari, prohibition, mandamus, quo warranto,
habeas corpus;
c. Petition for Writ of Amparo
d. Petition for Habeas Data
e. Petition for Writ of Continuing Mandamus
Shariah District Court
Art. 413, par. 2, PD 1083
a. Petition by Muslims for the Constitution of family home,
change of name, and commitment of an insane person to an
asylum;
b. All other personal or real actions not mentioned in Par. 1 (d)
wherein the parties are Muslims, except those for forcible

entry and unlawful detainer, which shall fall under the

exclusive original jurisdiction of the Municipal Trial Court; and
c. All special civil actions for interpleader or declaratory relief
wherein the parties are Muslims or the property involved
belongs exclusively to Muslims.
(b) EXCLUSIVE ORIGINAL:
Supreme Court
Exclusive original jurisdiction over petitions for certiorari,
prohibition, mandamus against judgments, final orders and
resolutions of:
a. Court of Appeals
b. Sandiganbayan
c. Court of Tax Appeals
d. Commission on Elections
e. Commission on Audit
f. Ombudsman in criminal cases.
Court of Appeals
Exclusive original jurisdiction over petition for certiorari,
prohibition and mandamus against:
a. Decisions, final orders and resolution of the RTC
b. Decisions, final orders and resolutions of the NLRC (Rule
65 to CA instead of SC)
c. Decisions, final orders of the Secretary of Labor and
Employment in the exercise of its appellate jurisdiction
over decisions, final orders of the following offices:
1. POEA ADMINISTRATOR in the exercise of its
adjudicatory function in case of violation of the
provisions of the Labor Code and POEA Rules and
Regulations;
2. Decision of the Sec. of Labor and Employment
over a decision of its DULY AUTHORIZED
Representatives brought on appeal in case of
violation of apprenticeship agreement which
is already final and executory;
3. Decision of the National Wage Productivity
Commission on an appeal over Wage Order by
the Regional Tripartite Wage Productivity Board;
4. Decision over direct and indirect contempt cases
decided by the National Labor Relations
Commission.
5. Decision of the Sec. of Labor and Employment on
appeal in case of denial of union registration by
the Regional Director or the Bureau of Labor
Relations.
6. Decision of the Bureau of Labor Relations on
appeal over the order of cancellation of union
registration.
7. Decision of the Sec. of Labor on appeal over the
order of the Bureau of Labor Relations over intralabor dispute.

d. Sec. 9(2), BP 129: Over actions for annulment of

judgments of Regional Trial Courts (Rule 47)

Sandiganbayan
Exclusive original jurisdiction over civil cases for the forfeiture
of illegally acquired wealth under RA 1379.

Regional Trial Court

a. Sec. 19, BP 129:
i. In all civil actions in which the subject of the litigation is
incapable of pecuniary estimation.
Ex: reformation of instrument, rescission of contracts, actions
for specific performance, actions for support, annulment of
decisions of lower courts, action for expropriation,
interpretation of contractual stipulation.
ii. In all civil actions which involve the title to, or possession of,
real property or any interest therein, where the assessed
value of the property involved exceeds P20K, or for civil
actions in Metro Manila, where such value exceeds P50K,
except actions for forcible entry into and unlawful detainer of
lands, original jurisdiction of which is conferred upon the
Metropolitan Trial Court, Municipal Trial Courts, and Municipal
Circuit Trial Courts;
iii. In all actions in admiralty and maritime jurisdiction where the
demand or claim exceeds P300K, or in Metro Manila, where
such demand or claim exceeds P400K;
iv. In all matters of probate, both testate and intestate, where
the gross value of the estate exceeds P300K or, in probate
matters in Metro Manila, where such gross value exceeds
P400K;
v. In all actions involving the contract of marriage and marital
relations;
vi. In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction or any court,
tribunal or body exercising judicial or quasi-judicial functions;
vii. In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Family Court and of the
Court of Agrarian Relations as now provided by law; and
viii.In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorneys fees, litigation
expenses, and costs or the value of the property in
controversy exceeds P300K or, in such other cases in Metro
Manila, where the demands exclusive of the abovementioned
items exceeds P400K .

b. Cases involving Intra-Corporate Controversies under

Sec. 5.2 of the SRC:
i. Cases involving DEVISES and SCHEMES employed by or any
acts, of the board of directors, business associations, its
offices
or
partnership,
amounting
to
fraud
or
misrepresentation which may be detrimental to the interest
of the public, and of the stockholders, partners, members of
associations, organizations registered with the Commission;
ii. Controversies arising out of intra-corporate or partnership
relations between and among stockholders, members or
associates , between any or all of them and the corporation,
partnership or associations of which they are stockholders,
members or associations, respectively; and between such
corporation, partnership or association and the state insofar
as it concerns their individual franchise or right to exist as
such entity;
iii. Controversies in the elections and appointments of directors,
trustees, officers or managers of such corporations,
partnerships or associations;
iv. Petitions of corporations, partnerships or associations to be
declared in the state of suspension of payments in case
where the CPA possesses sufficient property to cover all
debts but foresees the impossibility of meeting them when
they respectively fall due or in case where the CPA has no
sufficient assets to cover liabilities, but is under the
management of the Rehabilitation Receiver or a Management
Committee.
c. RTC Acting as Special Agrarian Court:
A branch of the RTC acting as Special Agrarian Court for a
province has original and exclusive jurisdiction over all
petitions for the determination of just compensation in that
province.
d. Annulment of Judgments over decisions and final orders of the
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit
Trial Court. ( Sec. 10, Rule 47)
e. Civil cases for Infringement of Copyright
Competition under the provisions of the IP Code
f.

and

Unfair

RTC Acting as Family Court.

Municipal Trial Courts, Metropolitan Trial Courts, Municipal

Circuit Trial Courts

a. Ordinary Civil Cases ( Sec. 33, BP 129, as amended by

RA 7691)
i. Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the
demand does not exceed P300K, or in Metro Manila, where
such personal property, estate or amount of the demand
does not exceed P400K, exclusive of interest, damages of
whatever kind, attorneys fees, litigation expenses and costs,
the amount of which must be specifically alleged;
ii. Exclusive original jurisdiction in all civil actions which involve
title to , or possession of, real property, or any interest
therein where the assessed value of the property or interest
therein does not exceed P20K, or in civil actions in Metro
Manila where such assessed value does not exceed P50K
exclusive of interest, damages of whatever kind, attorneys
fees, litigation expenses and cost.
b. Cases under The Rules on Summary Procedure
Sec. 1, A (1) 1991 Rules on Summary Procedure
i.

All cases of forcible entry and unlawful detainer, irrespective

of the amount of damages or unpaid rentals sought to be
recovered. Where attorneys fees are awarded, the same
shall not exceed P20K;

ii. All other cases, except probate proceedings, where the total
amount of the plaintiffs claim does not exceed P100K or
P200K in Metro Manila, exclusive of interest and costs.
c.

Small Claims Cases:

Sec. 2, AM 08-8-7
Payment of money where the value of the claim does not
exceed P200K exclusive of cost and interest.
Shariah District Court
a. All cases involving custody, guardianship, legitimacy,
paternity and filiation arising under this Code;
b. All cases involving the disposition and settlement of the
estate of deceased Muslims, probate of the wills, issuance of
letters administration or appointment of administrators or
executors regardless of the nature or aggregate value of the
property;
c. Petitions for declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title 6 of Book 2 of this Code;
d. All actions arising from customary contracts in which the
parties are Muslims, if they have not specified which law shall
govern their relations; and

e. All petitions for mandamus, prohibition, injunction, certiorari,

habeas corpus and other auxiliary writs and processes in aid
of its appellate jurisdiction.

(b)

Shariah Circuit Courts

Art. 155, PD 1083
a. All civil actions and proceedings between parties who are
Muslims or have been married in accordance with Art. 13,
involving disputes relating to:
i. Marriage;
ii. Divorce as recognized under this Code;
iii. Betrothal or breach of contract of marriage;
iv. Customary dower, (mahr)
v. Disposition and distribution of property upon divorce;
vi. Maintenance and support, and consolatory gifts (muta); and
vii. Restitution of marital gifts.
b. All cases involving disputes relative to communal properties.