Mechanics Of Due Process.docx

MECHANICS OF DUE PROCESS (REMEDIAL LAW) 1. Court/tribunal vested with judicial power to hear and determine the matter before it 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding 3. The defendant must be given an opportunity to be heard 4. Judgment must be rendered upon a lawful hearing CASES WHERE ROC DOES NOT APPLY 1. Election cases 2. Land registration proceedings 3. Cadastral proceedings 4. Naturalization proceedings 5. Insolvency proceedings 6. Other cases not in Sec 4, Rule 1 7. Labor cases 8. Impeachment cases EXCEPTION: Suppletory in character; whenever practicable & convenient CLASSIFICATIONS OF JURISDICTION: 1. General 2. Special/Limited 3. Original 4. Exclusive 5. Exclusive original 6. Appellate 7. Concurrent 8. Delegated JURISDICTION OVER THE RES IS ACQUIRED EITHER: a. By the seizure of the property under legal process whereby it is brought into actual custody of law

b. As a result of the institution of legal proceedings, in which the power of court is recognized and made effective GROUNDS FOR THE SUSPENSION OG THE RU LES: 1. Existence of special/compelling reasons 2. Merits of the case 3. A cause no entirely attributable to the fault of negligence of the party favored by the suspension of the rules 4. Other party will not be unjustly prejudiced KATARUNGANG PAMBARANGAY Purpose: 1. To reduce the number of court litigations 2. To prevent the deterioration of the quality of justice which has been brought by the indiscriminate filing of cases in the courts Katarungang Pambarangay, condition precedent, dismissal: 1. Did not state that it is one of the excepted cases 2. It did not allege prior availment of said conciliation process 3. It did not have a certificationthat no conciliation had been reached by the parties Exception to the rule on referral in the barangay 1. Where one party is the government , subdivision or instrumentality 2. One party is a public officer/employee and dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding 5000

4. Offenses where there is no private offended party 5. Dispute involves real properties located in different cities/ municipalities unless they agree to submit their differences to amicable settlement by appropriate lupon 6. Parties actually reside in barangays of different cities/municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon 7. Such other classes of disputes w/c the president may determine in the interest of justice or upon the recommendation of DOJ Sec Instances where the party may file the case directly with the Court 1. Accused is under detention 2. Person has otherwise been deprived of personal liberty calling for habeas corpus proceeding 3. Actions are coupled with provisional remedies, i.e.: preliminary injunction, attachment, delivery of personal property, support pendente lite 4. Action may otherwise be barred by the statute of limitations BASIS OF DOCKET FEE TO BE PAID: 1. Nature of the action 2. Value of the property involved 3. Value of the demand CAUSE OF ACTION, ELEMENTS: 1. Plaintiff’s primary right 2. Correlative legal duty of defendant to respect one’s right

3. An act/omission of the defendant in violation of plaintiff’s right with a consequential injury/damage to the plaintiff for which he may maintain an action for the recovery of damages/ other appropriate relief ELEMENTS OF A RIGHT OF ACTION: 1. Existence of a cause of action 2. Performance of all conditions precedent to the bringing of action 3. Right to bring and maintain the action must be in the person instituting it