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 CIV PRO AUGUST 7, 2018 2. File an answer
QUESTION: How do we prosecute in criminal procedure? What
was criminal procedure all about?
ANSWER: It was how to prosecute criminal action. And you only
have two parties there. You have the People of the Philippines as the
plaintiff and the accused. So it was how to prosecute criminal action.
If a person commits a crime, the person should undergo process and
for the court to determine if he should be convicted or acquitted of
the crime.
Our subject is civil procedure. Criminal procedure is how to become
a criminal. Civil procedure is how to be civil. Criminal procedure is
how you prosecute a criminal action. Civil procedure is how we
prosecute a civil action.
QUESTION: When do we know that we have a civil action? (Step
1)
ANSWER: well, we always start if we have a cause of action.
 If you have a cause of action then you can file a civil
action. Before you can file a civil action or if the rules are
applicable, you have to refer it first to the barangay lupon.
QUESTION: Was there a referral to the barangay lupon in
criminal cases?
ANSWER: Yes (Step 1a). There was. Depending on the penalty or
fine. And whether or not they are residents of the same barangay.
 If it is one of those exceptions, we need not refer to the
lupon, then we have a civil action and we file it in court
(Step 2). And when it is a civil action, it is plaintiff vs.
defendant
PARTIES TO A CIVIL ACTION:
Plaintiff – the one bringing the case, like the PP
Defendant: against whom the case if brought, like the accused
If a petition that is to be filed: Petitioner vs. Respondent
A. What does the plaintiff file? - He files a complaint or a petition
in court.
B. When you say in court, the court has to acquire jurisdiction over
the person of the defendant.
QUESTION: In criminal case, how does the court acquires
jurisdiction over the person of the defendant?
ANSWER: Warrant of arrest. Unless, there is a voluntary surrender.
QUESTION: How does the court acquire jurisdiction over the
person of the defendant (Civil case)
ANSWER: Through the process called summons. (Step 3)
When the defendant receives the summons, the defendant has
many options: (Step 4)
1. Ignore the summons, not answer
CIVIL PROCEDURE: EGFP AND CAMT
3. File any other remedy
 In a criminal case, the accused does not file an answer. In
lieu of answer, after the court acquired jurisdiction,
arraignment will follow, the accused will plead guilty or
not guilty.
 If he says guilty, the court will render judgment. And he
will be convicted. End of the story so everybody happy
except the accused.
 In civil cases, the defendant has to answer. He has to file an
answer. And other pleadings because it is possible that
plaintiff files a case against
Example:
Plaintiff (P) v. Defendant (D)[ – (E) – (F)]
D v. E
E v. F in relation to the main case. So that is another issue.
When the issues are joint, normally we go to pre- trial. (Step 5)
(There is also pre-trial in criminal cases)
However, before the pre-trial proper, what happens? Although it is
set for pre-trial, do we conduct pre-trial right away? NO!
(Step 5a) 1. Mediation if it fails ---- JDR -- Pre-trial proper --
- trial
Trial (Step 6) -During this stage, defendant may file a motion to
dismiss (same with motion to quash ) and other motions.
QUESTION: Is there a motion to dismiss in criminal procedure?
ANSWER: Yes. Motion to quash. (We call it motion to dismiss in
criminal procedure)
QUESTION: During the trial who presents evidence first?
 In criminal case, who presents evidence first? – It is the
prosecution.
Exception: where the defense can present evidence first: when it is
self-defense.
 In a civil action, who presents evidence first? -- ALWAYS
THE PLAINTIFF
QUESTION: Is there an instance where the defendant presents an
evidence first?
ANSWER: NONE. Because it is the plaintiff who has a cause of
action. He is the one who says “ oh defendant you violated my right”
and therefore plaintiff will prove that the right was violated.
If the evidence of the plaintiff does not merit . . . . na cut
QUESTION: In criminal cases what is the quantum of proof
required? : Proof beyond reasonable doubt
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QUESTION: In civil cases: preponderance of evidence: sufficiency
of evidence
(Step 7) If the defendant believes that the evidence presented by the
plaintiff is not sufficient, he can file a demurrer to evidence
 In a judgment in a civil case, whoever wins they are
entitled to all the remedies. The winning party can take
advantage of any of the remedies. The losing party as well.
After judgment there are remedies available. Such as:

QUESTION: Is there also demurrer to evidence in criminal case? a. Motion for Reconsideration

ANSWER: Yes. After the prosecutor presents the evidence and the b. Motion for New Trial
accused feels that the evidence is not proof beyond reasonable doubt,
he can file demurrer to evidence. c. APPEAL

 In the same manner, if the defendant feels that the evidence If MR and MNT are denied: You can still appeal. When you appeal
is insufficient to make him liable then, then he can file a you now go to the appellate court.
demurrer to evidence.
Appellate courts:
A demurrer to evidence may be granted or denied.
MTC  RTC
BAR QUESTION: Another word to demurrer to evidence in a
RTC  CA
criminal case: motion to acquit on the ground that the evidence
presented by the prosecution is not proof beyond reasonable doubt CA  SC
 In civil case: demurrer to evidence = motion to dismiss :  Judgments after finality: no more chance to file MR, MNT
base on only one ground, INSUFFICIENCY OF or appeal, you can still file petition for relief from judgment
EVIDENCE and annulment of judgment
 IF DEMURRER TO EVIDENCE IS GRANTED: case is  If judgment is final and executory, then you go to
dismissed EXECUTION. Execute the judgment.
 The same that it is granted in a criminal case, what is the
effect? –The accused is acquitted and the case is over.
 If he does not file a demurrer to evidence, he can present
WE WILL ALSO TAKE THIS: PROVISIONAL REMEDIES AND
his evidence.
SPECIAL CIVIL ACTION
 If you have another defendant you can also present
evidence. If you have a third-party defendant, he can also NOTE: we will not follow rule 1 to rule 77. We have to follow
present evidence. procedure in court. Now how it is in the rules of court. We will do it
according to the procedure as it is.
After you present all the evidence, is that the end? NO!
**EGFP
(Step 8) REBUTTAL EVIDENCE – Only upon the discretion of the
court if he allows it. _____________________________________________
QUESTION: When is there a rebuttal evidence? Who present  CIV PRO (August 8, 2018)
rebuttal evidence?
Remedial Law Substantive Law
ANSWER: Prosecution in a criminal case, plaintiff in a civil case
It tells us how to enforce this Define your rights. They gave
So the rebuttal is by the plaintiff. rights. Seek redress for us our obligations and
violation of those rights. responsibilities.
Why is it called rebuttal? = rebut = to disprove: to disprove the Exs: Crim Pro, Civ Pro, Special Exs: PFR, ObliCon, Property,
evidence presented by the defendant Proceedings, Evidence, all Torts and Damages, Criminal
those under Rules of Court Law
If you allow him rebuttal evidence, the defendant may present
surrebuttal = to rebut what the plaintiff presented in rebuttal which Note: Civil Procedure is in the Rules of Court. Rules of Court is
rebutted during defendant’s term. made by the SC under the authority of the Constitution (Art VIII,
Sec. 5).
However, rebuttal and surrebuttal are NOT mandatory. They are
DISCRETIONARY upon the court. If the court will allow. What is Judicial Legislation?

(Step 9) Judgment: Court renders judgment
 In criminal case, if it is a judgment of acquittal, the
judgment of acquittal is already final and executory. It
closes the case forever. However, if it is a conviction, then
there is still a remedy.
- The Judiciary interprets laws. And therefore it should have
nothing to do with making laws. Otherwise, that is what we
call judicial legislation.
So why are they making RoC?
- Bec. the Constitution allows it. It defines the limit of the
rule making power of the SC.

CIVIL PROCEDURE: EGFP AND CAMT

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So Branch 58 is in Abra.
COURTS Branches 59 to 61 – Baguio City
Branches 62 to 64 – Benguet
A. First Level Courts
- MTC/MeTC/MTCC/MCTC - Called Presiding Judge

Note: The Barangay Lupon is not a court. C. Court of Appeals

- There is only 1 CA with 3 offices. So Manila in Luzon,
1. Generally, they are called Municipal Trial Court. They Cebu in Visayas, Cagayan De Oro in Mindanao.
are all the same. The only reason why they are different is - Justices: 69
where they are located. - Head is called the Presiding Justice
- The rest are Associate Justices.
GEN. RULE: There should be one municipal court in each - 23 divisions
municipality. 1st to 17th division – Manila
18 to 20 – Cebu
HOWEVER: That will be very expensive. And there are no many 21 o 23 – Cagayan de Oro
cases in every municipality. - If appointed as an Associate Justice, he is assigned to the
South first before he can move up.
2. So 2 or more municipalities are joined together and
they form a circuit. They will have one court which is the D. Supreme Court
Municipal Circuit Trial Court. - Court of last resort
- Where judicial power is lodged. Has the authority to make
EX: In the Province of Benguet, there are 13 municipalities, but only all these rules.
3 municipalities have their own MTCs. (La Trinidad, Itogon, - 15 Justices.
Mankayan) - The head is the Chief Justice.
How about the other 10? = They are circuited. (MCTC of Tuba, - The 14 are called the Associate Justices.
Sablan) - The proper and correct term is Chief Justice of the
Philippines. There is only one position and SC.
3. MeTC – Metropolitan Trial Court. - Divided into 2, or 3 or 5 divisions.
- Only find it in Metro Manila. - 2 divisions = 7 each, CJ is the tie breaker
- 3 divisions = 5 members each
Exs: MeTC in Quezon City, Manila, Pasay. All with hundreds of - 5 divisions = 3 members each
branches.
Note: The Procedures in the trial court should be uniform.
4. MTCC – Municipal Trial Court in Cities
- So when it is not a Metro, it is Cities - The SC can also suspend its rules.
- However, the suspension must be based on valid,
Ex: Municipal Trial Court in Baguio City – only 1 with 4 branches. meritorious grounds.
MTC in Dagupan City
JURISDICTION
B. Second Level Court - The power to hear and decide the case.
- Regional Trial Court - It is conferred by law (B.P. 129, as amended by RA 7691
expanding jurisdiction of the MTC, further amended by the
RULE: One RTC in each Judicial Region but it has branches all rules on estaffa).
over the region.
- However the SC can assign specific courts to handle
- 14 Judicial Regions including NCR. specific cases.
Family Courts
Ex: Baguio City and Benguet are under Region CAR. However there - Under the rules, there must be a family court in every city
is no CAR in Judiciary. We Are in the First Judicial Region. and province.
- If the capital town of the province is also the city, establish
- Branches are numbered consecutively. the Family Court in the town with the highest number of
population.
Ex: Branches in First Judicial Region - But these Family Courts are not in existence in our country.
Branches 1 and 2- Abra That is why SC assigned RTC to be the Family Courts.
Branches 3 to 7 – Baguio City Ex:
Branches 8 to 10 – Benguet Family Courts in Baguio are RTCs Branch 4 and 59
Branches 11 to 13 – Ilocos Norte Branch 9 in Benguet
Next branches - Ilocos Sur
La Union – Last branch is 34 Commercial Courts
Branches 35 and 36 – Mountain Province - The RTCs are specifically designated as such.
Branches 37 to 57- Pangasinan Ex: Branch 59 in Baguio City

In 1994, they created more branches. **CAMT

CIVIL PROCEDURE: EGFP AND CAMT
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_______________________________________________________ - Jurisdiction is acquired through warrant of arrest.

a. Voluntary surrender or;
 CIV PRO (August 9, 2018) b. Court issues it

- If the accused is never arrested, the case is archived.

ORIGINAL JURISDICTION - Prescription is suspended.
- the court is looking at this case for the first time
- all the courts mentioned have original jurisdiction C. Territorial Jurisdiction
- Venue is jurisdictional
A. Exclusive Original Jurisdiction - File the case where the crime happened
- file the case in that court only because it has jurisdiction
over that case NOTE: Because jurisdiction is conferred by law, it cannot be agreed
Ex: cases for forcible entry and unlawful detainer upon by the parties.
- all courts have this jurisdiction
NOTE: Principle - The moment the court acquires jurisdiction, it
B. Concurrent Original Jurisdiction acquires it to the exclusion of all other courts.
- not only one court has jurisdiction but also 2 or 3 courts
- MTC has no concurrent original Jurisdiction Ex: - If the victim is a minor, file it to the Family Court.
- Even if the case was dismissed against the accused minor, the
GEN. RULE: RTC, CA and SC have concurrent original jurisdiction moment the court has jurisdiction over the case, that jurisdiction
HOWEVER: They must observe the DOCTRINE OF remains up to its conclusion. It will not go to the regular courts.
HIERARCHY OF COURTS.
- This applies only to courts exercising original concurrent
jurisdiction. GENERAL JURISDICTION
- It states that it should be filed first in the lowest court - It can take cognizance of any and all other cases.
which is the RTC.
Why? SPECIAL JURISDICTION
- Respect for the higher courts - It is limited to that case only.
- Practicality and convenience - Ex: Probate Court – only tasked to probate the will
- Lower docket fees Land Registration Court– grant title to your land under
- Most important: Afford more remedies for appeal the Torrens System

APPELLATE JURISDICTION Shari’a Courts

- Court is looking at it for the second or even the third time - Shari’ District Court and Shari’a Circuit Court
- the case is a review by another court - Created for the enforcement of PD 1083 – the Code of
- only RTC, CA, and SC have this jurisdiction Muslim Personal Laws
- They are part of the Philippine Judicial System.
ELEMENTS of Jurisdiction
**CAMT
A. Civil Cases _____________________________________________
1. Courts must have jurisdiction over the subject
matter
- Jurisdiction is conferred by law.
- Legislative creates the courts. But the procedures are
created by the SC.

2. Must have jurisdiction over the Parties

- Parties: Plaintiff and defendant
- Court acquires jurisdiction over the plaintiff voluntary. The
moment the plaintiff files his case in court, he is submitting
himself to the jurisdiction of the court.
- Court acquires jurisdiction over the defendant through
summons

3. Must have jurisdiction over the res/thing/property

- Where the property is located

B. Criminal Cases
1. Must have jurisdiction over the subject matter
- Conferred by law

2. Over the person of the accused

- It is the accused because the other party is people of the
Philippines. It is the prosecution who files the case.
CIVIL PROCEDURE: EGFP AND CAMT