2008-LECTURE-NOTES-ON-CIVIL-PROCEDURE.doc - LECTURE NOTES ON CIVIL PROCEDURE Revised October 2009 WHAT IS CIVIL PROCEDURE 1 It is the procedure

2008-LECTURE-NOTES-ON-CIVIL-PROCEDURE.doc - LECTURE NOTES...

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LECTURE NOTES ON CIVIL PROCEDURE Revised October 2009 WHAT IS CIVIL PROCEDURE 1. It is the procedure governing the filing, processing and adjudication of civil actions. It essentially is the lawyer’s law that defines the rules of the game that lawyers and judges play. 2. It is considered as procedural law as it prescribes the method of enforcing rights and obtaining redress for their invasion , as opposed to substantive law which creates, defines, and regulates rights and duties that give rise to a cause of action. 2.1 The rules of procedure promulgated by authority of law bear the force and effect of law. 1 3. It is embraced in Rules 1 to 71 of the Rules of Court and after its revision, is now commonly known as the 1997 Rules of Civil Procedure. It is divided into the following topics: General Provisions (Rule 1), Ordinary Civil Actions (Rules 2-5), Procedure in Regional Trial Courts (Rules 6-39), Appeals (Rules 40-43), Procedure in the Court of Appeals and Supreme Court (Rule 44- 56), Provisional Remedies (Rules 57-61), and Special Civil Actions (Rules 62-71). 4. Included within its scope are the 1991 Rules on Summary Procedure, Local Government Code provisions on the Katarungang Pambarangay and related issuances of the Supreme Court. PRELIMINARIES 1. Any discussion of procedural rules should always be preceded by a discussion of jurisdiction as its presence is what gives rise to the application of the rules for the purpose of resolving the action that is brought before a court. Simply defined it refers to the power and authority of a court or tribunal to hear, try and decide a case . It has also been defined as the authority by which courts and judicial officers take cognizance of and decide cases. 1.1 Absent jurisdiction , the only thing a court can do as provided by the rules is to dismiss the action. 1.2 If a court acts without jurisdiction, all its acts are null and void. Further, any decision it may render is not a decision in contemplation of law and cannot be executory. 2 1.3 The validity of a judgment or order of a court or quasi-judicial tribunal which has become final and executory may be attacked when the records 1 Conlu v. Court of Appeals, 106 Phil 940 2 Abbain vs. Chua, 22 SCRA 748, Estoesta vs. Court of Appeals, 179 SCRA 203, Dava vs. People, 202 SCRA 62
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show that it lacked jurisdiction to render the judgment - a void judgment may be assailed or impugned at any time either directly or collaterally by means of a petition filed in the same or separate case, or by resisting such judgment in any action or proceeding wherein it is invoked. In fact, even the testimony in a case where the proceedings had been nullified for lack of jurisdiction is inadmissible as evidence. 3 2. The absence of jurisdiction as a general rule may be questioned at any stage of the proceedings, even on appeal .
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