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