Substantive Law Remedial Law

-Part of the law which creates, defines, or regulates rights -Refers to the legislation providing means or methods
concerning life, liberty, or property or the powers of whereby causes of action may be effectuated, wrongs
agencies or instrumentalities for the administration of redressed, and relief obtained (adjective law)
public affairs -Has no vested rights
-Makes vested rights possible -Governs rights and transactions which took place
-Prospective in application (retroactive)
-Cannot be enacted by SC -SC is expressly empowered to promulgate procedural
rules
Appeal by Certiorari (Rule 45) Petition for Certiorari (Rule 65)
-Petition is based on pure question of law -petition is based on question of jurisdiction or grave
-mode of appeal abuse of discretion
-Involves review of judgement and final orders on the -mode of review/ special civil action
merits -directed against interlocutory order when there is no
-Filed within 15 days from notice of judgement or final ASPA
order -filed within 30 days from order of denial
-Stays the judgement or final order -does not stays the judgement, unless injunction
-the original parties are appeallants and appeallee -Court, tribunal, quasi-judicial bodies are impleaded
-MR is not required -MR is required
-In the exercise of appeallate -original jurisdiction
-filed before SC -filed before RTC, CA, SB or COMELEC

Final Orders Interlocutory Orders

-Disposes of the case
-Final order is appealable
-Upon issuance, court loses jurisdiction
-Remedy is appeal (Rule 40-43 or 45)
Compulsory
- A compulsory counterclaim is 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.
-responsive
Interpleader (Rule 62)
-Party interpleading has no legal interest over the subject
of action
-Original/ Special civil action
-filed by way of complaint for interpleader
-does not implead new parties
-remedy in case of denial is appeal
-May be filed any time
Attachment (Rule 57)
-Covers real and personal properties
-at the commencement but prior judgement
-amount of bond is the value of the obligation (fixed by
court)
-may be resorted even the property is held by third person
-does not dispose the case
-not appealable (Rule 41, sec 1, par 2)
-upon issuance, court does not loses jurisdiction
-Remedy is certiorari (Rule 65)
Permissive
- A compulsory counterclaim is one which, being
cognizable by the regular courts of justice, does not arises
out of or is connected with the transaction or occurrence
constituting the subject matter of the opposing party's
claim and may require for its adjudication the presence of
third parties of whom the court can acquire jurisdiction.
-initiatory (Note: the reqs of initiatory pleading like docket
fees and cert of non-forum shopping. Kabaliktaran lang sa
kabila)
Intervention (Rule 19)
-party intervening has interest over the success of either of
the original parties
-Ancillary to the main action
-Plaintiff: complaint-in-intervention
Defendant: answer-in-intervention
-impleads new party
-remedy in case of denial, file a separate action
-must be filed before judgement
Replevin (Rule 60)
-covers personal property capable of manual delivery
-at the commencement but before answer
-amount of bond is double the value of personal property
-can be only sought when the defendant is the actual
possessor of the property
 Prohibitory Injunction (Rule 58) Prohibition (Rule 65)
-Provisional remedy -Special civil action
-an order granted at any stage of the proceeding but -Petition in case a person is exercising quasi-judicial
before judgement requiring the party, or a court, agency function or ministerial who acted with GAD amounting to
or a person to REFRAIN a particular ACT/ACTS lack or excess jurisdiction to cease and desist for FURTHER
PROCEEDINGS
Mandatory Injunction (Rule 58) Mandamus (Rule 65)
-Prov Rem -SCA
-an order requiring the parties or party to perform a -Requiring the performance of MINISTERIAL acts or to
particular act desist from excluding another from right to office
-directed against the party -directed against Judicial or quasi-judical bodies or
-auxiliary/ancillary/provrem tribunals exercising ministerial functions
-by way of motion -original action
NOTE: can be a main action -by way of petition
Right of Redemption (ACT 3135) Equity of Redemption (Rule 68)
-Extra judicial foreclosure -judicial foreclosure
-may be exercise by the mortgagor-debtor within 1 year -can be exercise by the mortgagor-debtor within a period
from the confirmation of the sale. Ung confirmation sa RD! not less than 90 days nor more than 120 days from the
entry of judgement or foreclosure OR ever after
foreclosure sale but before judicial confirmation
Quo warranto (election code) Quo warranto (rule 66)
-election code -rules of court
-filed before COMELEC, RTC or MTC -filed before RTC, CA or SC
-Omnibus Election Code -Art 8 of Consti, and rule 66
-can be filed before mtc -cannot be filed before mtc
-contest the right of the ELECTED official to hold public -(Appointed public officer) show title to public office or
office exercise of public franchise
-Ineligibility or disqualification of a person elected to hold -Usurpation, forfeiture or illegal association
public office File by the government or any person entitled to such
-filed within 10 days after the proclamation office
-may be filed by any voter
Forcible Entry Unlawful detainer
-person who has physical possession of the land was -withholding by a person of a land or building
deprived through FISTS -legal at first but became illegal
-Unlawful from the start -demand is needed (pay AND vacate)
-No requirement of demand -need not to prove prior physical possession
-need to prove the prior physical possession -1 year from the last demand
-1 year from actual entry
Expropriation (Rule 67) Escheat (Rule 91)
-SCA -Spec Pro
-filed for the purpose of taking property for public use -intended to revert back the property of decedent leaving
-there must be a just compensation no heir to succeed or person by law entitled to it
-should be filed before RTC where the property is situated -no just compensation
-filed before RTC where the deceased last resided or
where his estate may be found if he is resing outside the
PH