N I V E R S I T Y O F
A N T O
O M A S
Facultad de Derecho Civil
I. GENERAL PRINCIPLESA. CONCEPT OF REMEDIAL LAWQ: What is the concept of remedial law?A:
It is a branch of public law, which prescribes theprocedural rules to be observed in litigations,whether civil, criminal, or administrative, and inspecial proceedings, as well as the remedies orreliefs available in each case.
(2006 Bar Question)
Q: What is the importance of remedial law?A:
It plays a vital role in the administration of justice. It lies at the very core of procedural dueprocess, which means a law which hears before itcondemns, which proceeds upon inquiry andrenders judgment only after trial, and contemplatesan opportunity to be heard before judgment isrendered
(Herrera, Vol. I, p. 1, 2007 ed.)
B. SUBSTANTIVE LAW AS DISTINGUISHED FROMREMEDIAL LAWQ: Distinguish substantive and remedial lawA:
Part of the law whichcreates, defines orregulates rights concerninglife, liberty or property orthe powers of agencies orinstrumentalities for theadministration of publicaffairs.
Refers to the legislationproviding means ormethods whereby causesof action may beeffectuated, wrongsredressed and relief obtained
(also known as Adjective Law).
Creates vested rights.
Does not create vestedrights
Prospective in application.
Cannot be enacted by theSupreme Court.
The Supreme Court isexpressly empowered topromulgate proceduralrules.
Q: What are the principal sources of remedial law?A:
Different laws creating the judiciary,defining and allocating jurisdiction tocourts of different levels3.
Procedural laws and rules promulgated bythe Supreme Court4.
(Herrera, Vol. I, p. 2, 2007 ed.)
Q: What is procedural rule?A:
Procedural rule is the judicial process forenforcing rights and duties recognized bysubstantive law and for justly administering remedyand redress for their disregard or infraction.
If the rule takes away a vested right, it is notprocedural. If the rule creates a right such as the rightto appeal, it may be classified as substantive matter;but if it operates as a means of implementing anexisting right, then the rule deals merely withprocedure
(Fabian v. Desierto, G.R. No. 129742, Sept.16, 1998).
Q: How are remedial laws implemented in oursystem of government?A:
They are implemented through the judicialsystem, including the prosecutory service of courtsand quasi-judicial agencies.
(2006 Bar Question)
C. RULE-MAKING POWER OF THE SUPREME COURT1. LIMITATIONS ON THE RULE-MAKING POWER OFTHE SUPREME COURTQ: What are the limitations on the rule-makingpower of the Supreme Court?A:
It shall provide a simplified andinexpensive procedure for the speedydisposition of cases.2.
The rules must be uniform for all thecourts of the same grade.3.
The rules must not diminish, increase ormodify substantive rights
(Cruz, PhilippinePolitical Law, p. 281, 2002 ed.)
2. POWER OF THE SUPREME COURT TO AMENDAND SUSPEND PROCEDURAL RULESQ: May the Supreme Court suspend theapplication of the Rules of Court and exempt acase from its operation?A:
Yes. In the interest of just and expeditiousproceedings, the Supreme Court may do so becausethe Rules were precisely adopted with the primaryobjective of enhancing fair trial and expeditious justice.
(Republic v. CA, G.R. No. L-31303, May 31,1978)