Civil Procedure Definition Of Terms.docx

CIVIL PROCEDURE DEFINITION OF TERMS REMEDIAL LAW Branch of law which prescribes the method of enforcing the rights or obtaining redress for their invasions PROCEDURAL LAW Adjective law which prescribes the rule in order that the court may be able to administer justice FRESH PERIOD Procedural law as it RULE prescribes a fresh period of 15 days within which an appeal may be made in the event that the MR is denied by the lower court JUDICIAL POWER 1. duty of the courts of (Sec 5, Art justice to settle actual VIII) controversies involving the rights which are legally demandable and enforceable 2. Determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government CIVIL ACTION A party sues another for the enforcement or protection of a right, or the prevention/redress of wrong; may be ordinary or special CRIMINAL ACTION The State prosecutes a person for an act/omission punishable by law SPECIAL Remedy by which a party seeks PROCEEDING to establish a status/right/particular fact SUPPLETORY Provision of the ROC will be CHARACTER made to apply only where there is an insufficiency in the applicable rule

JURISDICTION

GENERAL JURISDICTION

ORIGINAL JURISDICTION

EXCLUSIVE JURISDICTION EXCLUSIVE & ORIGINAL JURISDICTION

SPECIAL JURISDICTION APPELLATE JURISDICTION

Power of the court to hear & decide cases and to execute judgment thereon Authority to hear & determine a cause Lodged with the Court Power of the court to adjudicate all controversies except those expressly withheld form the plenary powers of the court 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 Power to adjudicate a case/proceeding to the exclusion of all other courts at that stage 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 & to the exclusion of all other courts jurisdiction over certain types of cases - Power & authority conferred upon a superior court to rehear and determine causes which have been tried in lower courts - 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 - Review by a superior court of the final judgement/order of some lower courts

TERRITORIAL JURISDICTION CONCURRENT JURISDICTION

Geographical area within which its powers can be exercised - Confluent or coordinate jurisdiction - Power conferred upon different courts, whether the same/different ranks, to take cognizance the same stage of the same case in the same or different judicial territories DELEGATED Grant of authority to inferior JURISDICTION courts to hear & determine cadastral & land registration cases under certain conditions VENUE Place where the case is to be heard ACTION Suit filed in court for the protection and enforcement of a right and the prevention and redress CAUSE OF ACTION Delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff RIGHT OF ACTION Remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him REAL ACTION - Brought for the protection of real rights, lands, tenements or hereditaments or one founded on privity of estate only - Action affecting title to or possession of real property, or interest therein

PERSONAL ACTION Not founded upon the privity of real rights/property MIXED ATION Plaintiff joins two or more causes of actions based on the same acts or occurrence, one of which is a real action LOCAL ACTION An action which is required by the rules to be instituted in a particular place in the absence of any agreement to the contrary TRANSITORY An action the venue of which ACTION is dependent generally upon the residence of the parties regardless of where the cause of action arose ACTION IN REM Not directed only against particular person, but against the thing itself and the object of which is to bar indifferently all who might be minded to make any objection against the right sought to be enforced, hence, the judgment therein is binding theoretically upon the whole world ACTION IN Directed against particular PERSONAM persons on the basis of their personal liability to establish a claim against them and the judgment wherein is binding only upon the parties impleaded or their successor in interest ACTION QUASI IN Directed against particular REM persons but the purpose of which is to bar and bind not only said persons but any other person who claims any

interest in the property or right subject of the suit KATARUNGANG Establishes a system of PAMBARANGAY amicably settling the disputes at the barangay level ACCION Seeks the recovery of REIVINDICATORIA ownership; jurisdiction of the RTC ACCION Recovery of the right to PUBLICIANA possess and is a plenary action in an ordinary civil proceeding in the RTC ACCION Seeks the recovery of physical INTERDICTAL possession only (forcible entry & unlawful detainer) filed w/in 1 year with the MTC or MeTC JOINDER OF - uniting of two or more ACTION demands or rights of action in one action; the statement of more than one cause of action in a declaration - union of two or more civil causes of action, each of which could be made the basis of a separate suit, in the same complaint, declaration or petition REPRESENTATIVES Someone acting in a fiduciary capacity REAL PARTY IN party who stands to be INTEREST benefited/injured by the judgment in the suit or the party entitled to the avails of the suit INDISPENSABLE one whose interest will be PARTIES affected by the court’s action in litigation, and without whom no final determination of the case can be had NECESSARY PARTY One who is not indispensable but who ought to be joined as

a party if complete relief is to be accorded as to those already parties or for the determination or settlement of the claim subject to the action CLASS SUIT – controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. – Any party in interest shall have the right to intervene to protect his individual interest. DERIVATIVE SUIT a lawsuit brought by a corporation shareholder against the directors, management and/or other shareholders of the corporation, for a failure by management PLEADING written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment INITIATORY Pleading which commences an PLEADING action containing the plaintiff’s COA/s RESPONSIVE Responds to the adverse PLEADING party’s pleading COMPLAINT pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff

ANSWER NEGATIVE DEFENSE

AFFIRMATIVE DEFENSE

COUNTERCLAIM COMPULSORY COUNTERCLAIM

and defendant must be stated in the complaint pleading in which a defending party sets forth his defenses specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action - allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him - other matter by way of confession and avoidance any claim which a defending party may have against an opposing party one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counter-claim may be considered compulsory regardless of the amount

PERMISSIVE COUNTERCLAIM

CROSS-CLAIM

REPLY

claim which may be cognizable by the court, does not arise out of or is not connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and require the adjudication the presence of third parties of whom the court can acquire jurisdiction - any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein - may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant - pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters - If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. - If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be

set forth in an amended or supplemental complaint. THIRD(FOURTH)claim that a defending party PARTY COMPLAINT may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) — party defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim CAPTION sets forth the name of the court, the title of the action, and the docket number if assigned BODY OF THE sets forth its designation, PLEADING the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading SUMMONS CONDITION PRECEDENT LACHES

Failure/neglect for an unreasonable length of time, to do which, by exercising due diligence could or should have been done earlier It is negligence/omission to assert a right within a reasonable length of time warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it

ESPTOPPEL BY LACHES