REMEDIAL LAW

(Brundial) -September 8-9, 2018

(Civil procedure, special laws)

Emphasis Matter
1. Jurisdiction
2. Petition for certiorari ( Rule 65)
3. Unlawful Detainer ( Rule 70)
Unenforceable entry, original, appellate up to its nature.

Unenforceable entry - Lower court

- Original –authority of court cognizance front he first time
- Appellate authority of court cognizance of the lower court , 2nd or 3rd time (RTC – exercise – CA –
rule 45 to SC)

As to subject :
1. Over the subject
2. Over the rest
3. Over the issue
4. Over the territory
Applicable in all cases except in Territory
- matter of venue – (jurisdictional in criminal )
- in all different in civil law cases

Jurisdiction over the issue :

- to avail constitutional right
- Conferred by law, and alleged the pleadings
- Determine by the allegations in the pleadings
- Special proceedings – is court necessary to acquire jurisdiction in criminal cases …YES , required
upon arraignment , court acquire jurisdiction

Over the rest

- subject matter of the action
- court jurisdiction not necessary as long as the court acquire jurisdiction over the defendant
- proceed to trial : acquire authority over the rest .

Personal action
- over the person acquired
- if non, court must acquire jurisdiction over the property

Quasi rem
- no need to acquire jurisdiction over the rest
- attach subject matter of the action (rule 57)

jurisdiction over the person over the parties

- who are the parties:
(in civil cases there were 5 maximum kinds of parties)
1. plaintiff
2. defendant
3. 3rd, 4th , 5th
4. intervenor

criminal parties
1. RP Plaintiff
2. Accused
Private party not included in Criminal Cases
Rule 132 – exclude certain parties to the court
Rule 110 – jurisdiction rule only parties to the case
Special Proceedings : only one party is involved – petitioner
- respondent no need
- exception: habeas corpus (Rule 102) requirement : Respondent
- prerogative : Akin to proceeding : writ of Kalikasan , Writ of Amparo ( need respondent)

How court acquire jurisdiction over the person of the plaintiff?

- upon filing of the complaint and timely payment of the correct docket fees

Timely – means: paid docket fees within prescriptive period; if fails no jurisdiction over the case.
- SC ruled: appeal for review was filed thru registered mail includes the required docket fees.
- But CA received the case there was an order to the petitioner insufficient docket fees - not filing
the correct docket fees.

Cabarubias Case:
- File appeal (petition for certiorari) with CA no docket fees. Reminded cabarubias that it is questionable
- beyond prespective period. SC reiterated must be at proper time. Docket fee is mandatory and
jurisdictional (