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    Ampuan Notes Rem

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    Galanza Fai
    This document summarizes key concepts in Civil Procedure, including: 1. Judgments rendered without jurisdiction are null and void. Estoppel does not apply to questions of jurisdiction over a person or subject matter. 2. Courts have original and appellate jurisdiction. There is also original exclusive and original concurrent jurisdiction. Exceptions include the principle of transcendental importance. 3. The Supreme Court is not a trier of facts, with few exceptions for prerogative writs. 4. Modes of discovery include depositions, interrogatories, admissions by parties, and production/inspection of documents and things, to aid the speedy administration of justice.

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    Ampuan Notes Rem

    Uploaded by

    Galanza Fai
    164 views2 pages
    This document summarizes key concepts in Civil Procedure, including: 1. Judgments rendered without jurisdiction are null and void. Estoppel does not apply to questions of jurisdiction over a person or subject matter. 2. Courts have original and appellate jurisdiction. There is also original exclusive and original concurrent jurisdiction. Exceptions include the principle of transcendental importance. 3. The Supreme Court is not a trier of facts, with few exceptions for prerogative writs. 4. Modes of discovery include depositions, interrogatories, admissions by parties, and production/inspection of documents and things, to aid the speedy administration of justice.

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    BY K.AMPUAN

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    This document summarizes key concepts in Civil Procedure, including: 1. Judgments rendered without jurisdiction are null and void. Estoppel does not apply to questions of jurisdiction over a person or subject matter. 2. Courts have original and appellate jurisdiction. There is also original exclusive and original concurrent jurisdiction. Exceptions include the principle of transcendental importance. 3. The Supreme Court is not a trier of facts, with few exceptions for prerogative writs. 4. Modes of discovery include depositions, interrogatories, admissions by parties, and production/inspection of documents and things, to aid the speedy administration of justice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    164 views2 pages

    Ampuan Notes Rem

    Uploaded by

    Galanza Fai
    This document summarizes key concepts in Civil Procedure, including: 1. Judgments rendered without jurisdiction are null and void. Estoppel does not apply to questions of jurisdiction over a person or subject matter. 2. Courts have original and appellate jurisdiction. There is also original exclusive and original concurrent jurisdiction. Exceptions include the principle of transcendental importance. 3. The Supreme Court is not a trier of facts, with few exceptions for prerogative writs. 4. Modes of discovery include depositions, interrogatories, admissions by parties, and production/inspection of documents and things, to aid the speedy administration of justice.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    REMEDIAL LAW REVIEWER | CIVIL PROCEDURE

    Any judgment, decision or final order rendered by


    from the cases from RTC for taxation cases BUT it
    a court without jurisdiction is NULL AND VOID.
    is implied that local tax cases must not be
    brought to the CA on certiorari, but must be
    Estoppel
    brought to the CTA.
    (Boston Equity vs. CA: Jurisdictional Estoppel by
    This means that the dismissal of this case due to
    Laches only applies to Jurisdiction over the
    lack of jurisdiction is implied to the CTA. Bar 2015
    subject matter, it is jurisdiction over the person,
    jurisdictional estoppel does not apply)
    1. HIERARCHY OF COURTS
    - it does not mean that when a
    KINDS OF JURISDICTION
    case is cognizable by different
    1. Original when it is the 1st time that the
    courts that you have the option
    court takes cognizance of the case
    - you must firs begin with the
    2. Appellate if the 2nd, 3rd, 4th time that the
    lowest court (RTC)
    court takes cognizance of the case
    EXCEPTION: Principle of Transcendental
    a. 2
    KINDS
    OF
    ORIGINAL
    Importance
    JURISDICTION
    i.
    ORIGINAL EXCLUSIVE only
    2. PRINCIPLE
    OF
    TRANSCENDENTAL
    this court can take cognizance
    IMPORTANCE
    of the case
    - if it is so important to the
    i.e. UD &FE (R.70) MTC only
    national welfare, the court can
    take cognizance of the case due
    ii.
    ORIGINAL CONCURRENT
    to transcendental importance
    - this means that a justiciable
    - i.e.: Social justice society officers
    issue
    may
    be
    taken
    vs. Mayor Lim Petitioners filed
    cognizance by more than 1
    a declaratory relief to the SC. SC
    court
    did
    not
    dismiss
    due
    to
    - i.e. certiorari, mandamus
    transcendental importance
    and quo warranto may be
    since a declaratory relief must
    filed in CA, RTC, SC, CTA
    be filed with the RTC and only
    - AM 07-7-12-SC (certiorari
    considered
    the
    case
    as
    may
    be
    filed
    in
    prohibition and mandamus.
    Sandiganbayan & CTA, no
    longer in aid of jurisdiction,
    3. SUPREME COURT IS NOT A TRIER OF
    it is no longer WON in aid of
    FACTS
    its appellate jurisdiction)
    - about the implementation of
    - WON in aid of appellate
    Rule 45, Sec. 1 provides that you
    jurisdiction is now only with
    can raise to the SC only
    the COMELEC.
    questions of law, never a
    question of fact
    Prerogative
    EXCEPTION :
    writs that are
    CITY OF MANILA v. JUDGE CUERDO
    i.
    Writ of Amparo
    appealable to
    FACTS :
    ii.
    Writ of Habeas
    SC under Rule
    45 on both
    The city of Manila filed a case for local taxation
    Data
    question of
    against SM which paid under protest. SM filed
    iii.
    Writ of Kalikasan
    fact and law
    TRO and injunction which Judge Cuerdo granted.
    On appeal by certiorari, the CA dismissed the
    case. Hence the petition.
    ISSUE: WON the CA gravely abused its discretion
    JURISDICTION OVER THE TERRITORY
    in dismissing the case
    HELD :
    - not applicable in civil cases, territoriality
    There is split jurisdiction here which is an
    is a matter of VENUE.
    anathema to procedure, so that there can be no
    - In CRIMINAL CASES, VENUE IS
    split jurisdiction between the CTA and CA. But
    JURISDICTIONAL.
    pursuant to RA 9282, the CTA was elevated to the
    level of CA so that this RA does not provide for
    JURISDICTION OVER THE RES
    the authority of the CTA to take cognizance of
    special civil actions. It only provides for appeals
    REMEDIAL LAW REVIEW 1
    ARELLANO UNIVERSITY SCHOOL OF LAW

    AMPUAN, Kevin

    the object of the action, the thing


    rights, status, property
    2 CLASSIFICATION OF ACTIONS

    1. a. In personam
    - actions strictly in personam,
    the court must acquire
    jurisdiction over the person
    of the defendant
    2. In rem court does not need to acquire
    jurisdiction over the person of the
    defendant as long as it acquires
    jurisdiction over the thing. So that, if the
    action is strictly in personam and there is
    no way in which the court can acquire
    jurisdiction over
    MODES OF DISCOVERY
    -

    for speedy administration of justice


    1.
    2.
    3.
    4.
    5.
    6.

    Deposition pending action (Rule 23)


    Deposition before action (Rule 23)
    Deposition pending appeal (Rule 24)
    Interrogatories to parties (Rule 25)
    Admission by the adverse party (Rule 26)
    Production and inspection of Documents
    (Rule 27)
    7. Production and inspection of things (Rule
    27)
    8. Production of Documents (Rule 27)
    9. Production of Things (Rule 27)
    10. Inspection of Documents (Rule 27)
    11. Inspection of Things (Rule 27)
    12. Physical and Mental Examination of
    Persons (Rule 28)
    13. Physical Exam of Persons ( Rule 28)
    14. Mental Exam of Persons (Rule 28)
    When may be taken?
    - under Rule 23, only parties may move for
    deposition

    i.
    ii.

    by Leave of Court after jurisdiction has


    been obtained over any defendant or
    property and before answer
    without such leave after an answer has
    been served

    2 ways of taking deposition


    i.
    upon oral examination
    ii.
    upon written interrogatories (questions
    are prepared for direct examination;
    questions are prepared before hand
    and sent to the parties :
    cross examination 10 days
    direct examination 5 days
    re-cross examination 3 days
    consolidate
    Requirement
    - for proponent to five notice to all parties
    regarding taking deposition of the deponent
    (who may or may not be a party to the
    case)
    Content of Notice
    - time and place of depositions
    - name of deposition officer
    - if locally done - can be
    notary public or any one
    who can administer oath
    (i.e. fiscal)
    - if done abroad - go to
    consular officer, or anyone
    there who can administer
    oath, or those appointed by
    commission/letters rogatory
    PROCEDURE :

    cross exam
    re-cross (via stenographice
    notes

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