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Basic Remedial Law Principles

Jurisdiction refers to a court's authority to hear a case, while venue concerns the proper geographical location for the case to be heard. Jurisdiction depends on substantive law and cannot be conferred by parties, whereas venue may be agreed upon by parties and involves procedural law. There are different types of actions including real actions concerning real property, personal actions involving personal property or contracts, and mixed actions relating to both. Actions can also be in rem concerning claims against a thing, in personam against a particular person, or quasi in rem barring third parties from asserting interests in a property. A cause of action has two elements - the plaintiff's right and the defendant's corresponding duty, and the defendant's

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99 views16 pages

Basic Remedial Law Principles

Jurisdiction refers to a court's authority to hear a case, while venue concerns the proper geographical location for the case to be heard. Jurisdiction depends on substantive law and cannot be conferred by parties, whereas venue may be agreed upon by parties and involves procedural law. There are different types of actions including real actions concerning real property, personal actions involving personal property or contracts, and mixed actions relating to both. Actions can also be in rem concerning claims against a thing, in personam against a particular person, or quasi in rem barring third parties from asserting interests in a property. A cause of action has two elements - the plaintiff's right and the defendant's corresponding duty, and the defendant's

Uploaded by

Monalisa R. Ilagan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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BASIC REMEDIAL LAW

PRINCIPLES
Source: Legal Research and Bibliography by Ng, Po, and Po
LEGAL RESEARCH Tues 7:30-9:30
Atty. Patricia Gail Cayco-Magbanua
Jurisdiction vs. Venue

 Jurisdiction is the power and authority of court to hear, try, and decide a case. It is the
power and authority to hear and determine a cause or right to act in case.
 Jurisdiction is a power constitutionally conferred upon a judge, to take cognizance of and
decide cases according to law and to carry his sentence into execution.
 Take note that in criminal cases, the venue of the crime goes into the territorial jurisdiction
of the court. The venue is where the crime took place.
 A court may have jurisdiction, but the venue may be improper.
 Example: A court in Taguig is not the proper venue for a criminal case for a crime that took place
in Quezon City.
 Jurisdiction is the authority to hear and decide a case; while venue is the place where the
case is to be heard to tried.
 Jurisdiction is a matter of substantive law; while venue is a matter of procedural law.
 Jurisdiction is fixed by law and cannot be conferred by other parties; while venue may be
conferred by the act or agreement of the parties.
Payment of Docket Fee in Jurisdictional

 In a civil case filed before the court, proper docket fees have to be paid before the court
will attain jurisdiction.
 A case is deemed filed only upon payment of the docket fee regardless of the actual date of
filing of the case in court.
 All complaint, petitions, answers, and other similar pleadings should specify the amount of
damages being prayed for in the prayers and said damages shall be considered in the
assessment of the filing fees.
Actions

 An action means an ordinary suit in a court of justice, by which one party prosecutes
another for the enforcement or the protection of the right, or the prosecution or redress of a
wrong.
Real, Personal, and Mixed Actions

 Real Actions are those brought for the protection of real rights, specific recovery of lands,
tenements, or one founded on privity of estate only.
 Personal Actions are those brought for the specific recovery of goods; or for damages or
breach of contract; or other injuries of whatever description. These arise either upon
contracts, or for wrongs independently of contracts.
 Mixed Actins are such as appertain to both former classes, and such are properly reducible
to neither of them for specific recovery of lands and for damages.
In Rem, In Personam, and Quasi in Rem

 In Rem Action is directed against the thing itself. It is binding upon the whole world. An
example of this is an action for land registration.
 In Personam Action is directed against a particular person on the basis of his liability to
establish a claim against him. Judgment is binding upon the person impleaded and his
successors in interest. An example of this is an action for a breach of contract.
 Quasi in Rem Action is directed to a particular person, but the purpose is to bar and to bid
not only said person but any other person who claims any interest in the property or right
subject of the suit. An example of this is an action for judicial foreclosure of mortgage.
Transitory and Local Actions

 A transitory action is one where the venue of which depends generally upon the residence
of the parties, regardless of where the cause of action rose.
 A local action is one required to be instituted in a particular place in the absence of an
agreement to the contrary.
Civil and Criminal Actions

 A civil action is one by which a party sues another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
 A criminal action is one by which the State prosecutes a person for an act or omission
punishable by law.
Special Proceeding

 It is a remedy by which a party seeks to establish a status, a right, or a particular fact.


Cause of Action

 A cause of action is the act or omission by which a party violates a right of another.
 Every ordinary civil action must be based on a cause of action.
 The cause of action must always consist of two elements – 1.) the plaintiff’s primary right
and the defendant’s primary corresponding primary duty, whatever may be the subject to
which they relate – person, character, property, or contract; and 2.) the delict or wrongful
act or omission by the defendant, by which the primary rights and duty have been violated.
 For example, A owed B a sum of money. A failed to pay on the agreed date. B’s cause of
action against A is his failure to pay on time.
Parties to Civil Actions

 Only natural or juridical persons, or entities authorized by law may be parties in a civil
action.
 The term “plaintiff” may refer to the claiming party, the counter-claimant, the cross –
claimant, or the third party plaintiff.
 The term “defendant” may refer to the original defending party, the defendant in a
counterclaim, the cross-defendant, or the third party defendant.
 A counterclaim is a claim by a defendant against a plaintiff; a cross-claim is a claim by a
defendant or plaintiff against a co-defendant or a co-plaintiff as the case may be; a third-
party claim is a claim against a non-party.
Venue of Actions

 Venue of Real Actions


 Actions affecting title or possession of real property, or interest therein, shall be commenced and
tried in the proper court which has jurisdiction over the area where the real property is located.
 Venue of Personal Actions
 Personal actions may be commenced and tried where the plaintiff or any of the principal plaintiff
resides, or where the defendant resides, or in the case of non-resident defendant, where he may be
found, at the election of the plaintiff.
 Venue of Actions against Non-Residents
 If the action does not affect the personal status of the plaintiff or any property of said defendant in
the Philippines, the action may be commenced and tried in the court of the place where the
plaintiff resides, or where the property or any portion thereof is situated.
Criminal Action Distinguished from Civil
Action
 A criminal action is one by which the State prosecutes a person for an act or omission
punishable by law. A civil action is one by which a party sues another for the enforcement
or protection of a right, the prevention or redress of a wrong.
 A criminal action is commenced by a complaint or information filed by the fiscal; a civil
action is commenced by a complaint or petition by a private person.
 A criminal action is brought in the name of the state with the private complainant as a mere
witness for the state; a civil action is brought in the name of the real party in interest.
END

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