Nature Of Procedural.docx

NATURE OF PROCEDURAL/ ADJECTIVE LAW:  Ensures the effective enforcement of substantive rights through the orderly & speedy administration of justice SUBSTANTIVE LAW PROCEDURAL LAW Creates, defines & Prescribes the rules & regulates rights forms of procedure in the administration of justice CANNOT BE WAIVED CAN BE WAIVED/SUBJECT TO AGREEMENT OF PARTIES SUPREME COURT – Sec 5, Art VIII par 5 provides or the rule making power of the SC – Has the sole power to amend, repeal, or establish new rules for a more simplified & inexpensive process & speedy disposition of cases NATURE OF THE RULES OF COURT (ROC) - Are not laws, but since they were promulgated under the authority of law, they have the force & effect of laws APPLICATION OF ROC (SEC 3, RULE 1) - GENERAL RULE: SC, CA, Sandiganbayan, CTA, RTC, MTC, MeTC, MTCC - EXCEPTION: when SC provides otherwise Cases: Civil Case, Criminal Cases, Special Proceedings Kinds of Actions: Ordinary, Special Civil Action, Actions under the Rules on Summary Procedure COURT JUDGE Tribunal clothed with the Public officer who power & authority to exercises the power of the entertain and resolve the court in the dispensation legal disputes between the of justice parties to carry out the dispensation of justice in accordance with law Permanent status temporary COURT OF LAW COURT OF EQUITY Decides a case accdg to Adjudicates a controversy what the promulgated law accdg to the common is precepts of what is right and just without inquiring

to the terms of the statute Allegations made in the complaint determines the jurisdiction

JURISDICTION Authority to hear & determine a case Substantive law Establishes a relation bet. Court & Subject Matter Fixed by law; cannot be conferred by the parties CANNOT BE WAIVED

VENUE Place where the case is to be heard Procedural law Relation bet. Plaintiffdefendant/petitionerrespondent Conferred by the act/agreement of the parties CAN BE WAIVED

VENUE: CIVIL CASE Procedural Agreed upon by the parties Improper venue: motion to dismiss based on improper venue.

Denial of Motion to dismiss: remedy is to file answer within the remaining balance of the period to file a responsive pleading, but in no case less than 5 days and raised the ground as an

CRIMINAL CASE jurisdictional Conferred by the provision of law Improper Venue: ground for motion to quash the complaint/information on the ground of lack of jurisdiction over the offense charged Denial of Motion to quash: remedy is to proceed with the arraignment

affirmative defense, proceed with trial and in case of adverse decision appeal the same How to commence a Civil Action:  A civil action is commenced by the filing of the original complaint with the court and the payment of a corresponding docket and legal fees CONSTRUCTION:  Liberal construction is proper where the lapse in the literal observance of a rule of procedure has not prejudiced the adverse party and has not deprived the court of its authority  ROP are tools designed to facilitate the attainment of justice  Courts may relax the application of the rules if it result to miscarriage of justice  Amendment of the procedural rules shall be given retroactive application to pending actions.  Courts may suspend the application of the rules where matters of life, liberty, honor or property are at stake