ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW 1. GENERAL PRINCIPLES IN Q: Compare substantive and remedial law. REMEDIAL LAW rn AUS cUUV Aan Q: What is remedial law? ‘A: Itis abranch of law that prescribes the methods of enforcing rights and obligations created by ‘substantive law. (Bustos vs. Judge Lucero, G.R. No. L-2068, 1948) Q: What is the doctrine of hierarchy of courts? ‘A: The judicial system follows a ladderized scheme which in essence requires the lower courts to initially decide on a case before it is considered by a higher court. ‘A higher court will not entertain direct resort to it Unless the redress cannot be obtained in the appropriate courts (Santiago v. Vasquez, G.R. ‘Nos. 99289-90, 1993) ‘A direct invocation of the Supreme Court's original jurisdiction to issve this writ should be allowed only When there are special and important reasons, clearly and specifically set out in the petition. (Republic v. Caguioa, G.R. No. 174385, 2013) What is the exhaustion of administrative remedies? ‘A: The general rules that before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes. The issues which administrative agencies are authorized to decide should not be ‘summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. (Addition His _v. ‘Megaworld, GR. No. 175039, 2012 citing Republic v. Lacap, G.R. No. 198253, 2007) Roum Prescribes the regulates rights and| methods of enforcing duties concerning life, | rights and obligations liberty or property | created by substantive which when violated law. It provides a gives rise to a cause of | procedural system for action. obtaining redress for the invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tried and decided upon by the courts. (Bustos vs. Lucero, G.R. No. L- 2068, 1948) Creates, defines and What are the limitations on the rule-making power of the Supreme Court under the Constitution? A a. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases; b. The rules shall be uniform for courts of the same grade; and c. The rules shall not diminish, increase, or ‘modify substantive rights (Pit. Const. art vil, § 5.) PAGE 1 OF 157°ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW ENERAL PRINCIPLES ON JURISDICTION @: How is jurisdiction of the court determined? ‘A: The jurisdiction of the court is determined by the statute in force at the time of the commencement of the action, (Narra Nickel Mining v. Redmont, GR. No. 195580, 2014) EXCEPT: Unless such statute provides for its retroactive application, as where it is a curative legislation. (Atlas Fertiizer v. Navarro, G.R. No 72074, 1987) The cour jurisdiction over a case only upon payment of the prescribed docket fee. (Pacific Redhouse Corp v. EIB Securities, G.R. ‘No. 184036, 2010) When several courts have concurrent jurisdiction, the first court which acquires jurisdiction retains it to the exclusion of the others. (Nenaria v. Veluz, GR No. L-4683, 1952) @: How is jurisdiction over the plaintiff acquired? A: Jurisdiction over the person of the plaintiff is acquired by the filing of the initiatory pleading, such as a complaint (De Joya v. Marquez, G.R. No, 162416, 2006). @: How is jurisdiction over the issues acquired? A: Itis acquired or conferred by the pleadings (De Joya v. Marquez, G.R. No. 162416, 2006). Q: How is jurisdiction over the res or property acquired? ‘A; Itis acquited by the seizure of the thing under legal process or it may result from the institution of legal proceedings (De Joya v. Marquez, G.R. No, 162416, 2006) @: What are some actions incapable of pecuniary estimation? A 4. Actions for specific performance; 2. Actions for support which will require the determination of the civil status; 3. The right to support of the plaintiff; 4. Those for the annulment of decisions of lower courts; 5. Those for the rescission or reformation of contracts; 6. Interpretation of a contractual stipulation (Heirs of Bautista v. Lindo, G.R. No. 108232, 2014). Q: X filed a complaint to enforce his right granted by law to recover the lot subject of free patent. Which court has jurisdiction over the complaint? ‘A: RTC. The action is for specific performance; hence, incapable of pecuniary estimation and is cognizable by the RTC. Although the selling price is less than PHP 20,000, the RTC still has jurisdiction because the repurchase of the lots is only incidental to the exercise of the right to redeem. The reconveyance of the title to petitioners is not the principal or main relief or remedy sought (Heirs of Bautista v. Lindo G.R. No. 208232, 2014), Q: What is the nature of an action to recover, deficiency on the extrajudicial foreclosure? A: Itis a personal action for it does not affect ttle to oF possession of real property, or any interest therein (BPI Savings Bank v. Spouses Benedicto, GR. No. 175796, 2015). ): M filed before the DENR two Townsite Sales Applications. Upon his death, his applications were transferred to his heirs, X. N executed a deed of transfer of rights, transferring hereditary share in the property covered by TSA No. 123 to Sps Y and Z. Sometime thereafter, an OCT was issued in favor of X. X filed before the RTC a Complaint or Recovery of Possession of Real Property against Y and Z. X allege that they are the true owners of the parcel of land that Y and Z's TSA encroach upon the subject property. PAGE 20F 157ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW RTC ruled in favor of X, but CA reversed the decision on the ground of lack of jurisdiction. Did RTC acquire jurisdiction over the complaint? (DEL CASTILLO) No. The Court held that in an action for recovery of possession, the assessed value of the property sought to’ be recovered determines the cour's jurisdiction. inthis case, for the RTC to exercise jurisdiction, the assessed value of the subject property must exceed 20,000.00. Since X failed to allege in their Complaint the assessed value of the subject Property, the CA correctly dismissed the ‘Complaint as petitioners failed to establish that the RTC had jurisdiction over it. In fact, since the assessed value of the property was not alleged, it ‘cannot be determined which tral court had original and exclusive jurisdiction over the case. In an action to recover, the property must be identified. The plaintf, therefore, is duty-bound to Clearly identify the land sought to be recovered, in accordance with the tile on which he anchors his Tight of ownership. In this case, X failed to identity the property they seek to recover as they failed to describe the location, the area, as well as the boundaries thereof. (Heirs of Julao v Alejandro, G.R. No. 176020, September 29, 2014) @; What happens when the venue was improperly laid? ‘A: In civil proceedings, venue is procedural, not jurisdictional, and it may be waived by the defendant if not seasonably raised either in a motion to dismiss or in the answer (BP! Family Savings Bank, Inc. v. Yujuico, G.R. No. 175796, 2018). Q: Which is the basis in determining which court has jurisdiction over a complaint for accion publiciana? : It depends on the assessed value of the property (Supapo v. Sps. de Jesus, G.R. No. 198356, 2019). The case is for the declaration of the nullity of a contract of loan and its accompanying continuing surety agreement, and the real estate and chattel mortgages. What is the nature of the action? A: Itis a personal action; hence, its filing in Cebu City, the place of business of one of the plaintiffs, was correct under Section 2, Rule 4 of the Rules of Court. The venue of @ personal action is the place where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff, for which reason the action is considered a TRANSITORY one. Unlike a real action, where it has to be commenced and tried in the proper court having jurisdiction over the area wherein the real property involved, or a portion thereof is situated, which explains why the action is also referred to as a LOCAL action (BPI v, Hontanosas, G.R. No. 15761326, 2014) @: What is the doctrine of adherence of jurisdiction? ‘A: Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although the event is of such character which ‘would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case (Banitua v. Mercader, G.R. No. 136048, 2001). Q: Does exclusive venue stipulation apply where the complaint assails the validity of the written instrument? ‘A: No. In cases where the complaint assails only the terms, conditions, andlor coverage of a written instrument and not its validity, the exclusive venue stipulation contained therein shall stil be binding on the parties, and thus, the complaint may be properly dismissed on the ground of improper venue. However, if the complaint assailis the validity of the written instrument itself, the parties should not be bound by the exclusive venue stipulation contained therein. It would be inherently inconsistent for a complaint of this nature to recognize the exclusive venue stipulation when it, in fact, precisely assails the validity of the instrument in which such stipulation is contained (Briones v. CA, G.R. No. 204444, 2015). PAGE3OF 157