CIVIL PROCEDURE ‘Outline Justice Magdangal M. de Leon Basic principles Remedial law distinguished from sub: Kinds of procedure 1. As to purpose 2. As to formality sstantive law Civil action, criminal action and special proceedings distinguished Rule 1 General Provisions (Sections 1 to 6) Rule making power of Supreme Court Art. VIII, Sec. 5 (5), Constitution ‘Art. VI, Sec. 30 Procedural and substantive rules Force and effect of Rules of Court Power of Supreme Court to suspend the Rules of Court May parties change the rules of procedure? Matters of procedure which >may be agreed upon by the parties >are waivable >fall within the discretion of the court au 1. Generally a. subject matter b. res or property . issues d. parties 2. Estoppel to deny jurisdiction Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005) 3. Jurisdiction at time of fling of action People vs. Cawaling, 293 SCRA 267 (1998) Regular Courts (MTC, RTC, CA, SC) Art. VIII, Constitution BP 129 (Judiciary Reorganization Act of 1980) RA 7902 (expanding the jurisdiction of the CA, amending BP 129) RA 7961 (expanding the jurisdiction of MetroTC, MTC, MCTC, amending BP 129) SC Adm. Circular No. 09-94, in rel. to RA 7691 SC Circular No. 21-99, in rel. to RA 7691.