16884062 Ateneo 2007 Civil Procedure
ATENEO CENTRAL BAR OPERATIONS 2007
Remedial Law
SUMMER REVIEWER
3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a particular fact. CIVIL PROCEDURE
CLASSIFICATION OF ACTIONS
(A) As to nature
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules
The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense.
Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations:
1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]).
Section 2. In what courts applicable
Section 3. Cases governed
ACTION
CLAIM
An ordinary suit in a A right possessed by one court of justice. against another.
One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit.
QuickTime™ and a the prevention or redress
TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong.
ORDINARY
ACTION
Governed by rules. ordinary
Formal demand of one’s legal rights in a court of justice in the manner prescribed by the court for by the law.
SPECIAL CIVIL ACTION
Also governed by ordinary rules but SUBJECT to specific rules prescribed
(Rules 62 to 71).
Special features not found in ordinary civil actions.
(B) As to object
ACTION
IN
REM
Direct against the thing itself.
Jurisdiction over the person of the defendant is
NOT required.
ACTION
IN
PERSONAM
Directed against particular persona
Jurisdiction over the person of the defendant
IS required.
A proceeding to determine the state or condition of a thing. An action to impose a responsibility or liability upon a person directly.
Remedial Law
SUMMER REVIEWER
3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a particular fact. CIVIL PROCEDURE
CLASSIFICATION OF ACTIONS
(A) As to nature
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules
The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense.
Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations:
1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]).
Section 2. In what courts applicable
Section 3. Cases governed
ACTION
CLAIM
An ordinary suit in a A right possessed by one court of justice. against another.
One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit.
QuickTime™ and a the prevention or redress
TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong.
ORDINARY
ACTION
Governed by rules. ordinary
Formal demand of one’s legal rights in a court of justice in the manner prescribed by the court for by the law.
SPECIAL CIVIL ACTION
Also governed by ordinary rules but SUBJECT to specific rules prescribed
(Rules 62 to 71).
Special features not found in ordinary civil actions.
(B) As to object
ACTION
IN
REM
Direct against the thing itself.
Jurisdiction over the person of the defendant is
NOT required.
ACTION
IN
PERSONAM
Directed against particular persona
Jurisdiction over the person of the defendant
IS required.
A proceeding to determine the state or condition of a thing. An action to impose a responsibility or liability upon a person directly.