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2012 Bar Reviewer in Remedial Law

2012 Bar Reviewer in Remedial Law

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Published by Pipoy Amy

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Published by: Pipoy Amy on Jun 24, 2012
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12/21/2012

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1
I. General Principles
A. Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing rightsor obtaining redress for their invasion.
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It is also known as Adjective Law.
B. Substantive Law as Distinguished from Remedial Law
Substantive LawRemedial LaCreates, defines and regulates rights andduties regarding life, liberty or property  which whenviolated gives rise to a cause of action.
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Prescribes the methods of enforcing thoserights and obligations created by substantivelaw by providing a procedural system forobtaining redress for the invasion of rightsand violations of duties and by prescribing rules as to how suits are filed, tried anddecided by the courts.Declares what acts are crimes and prescribesthe punishment for committing them.
3
Provides or regulates the steps by which one who commit a crime is to be punished.
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Makes vested rights possibleNo vested rightsProspective applicationRetroactive: governs acts and transactions which took placeCannot be enacted by the Supreme CourtSC is expressly empowered to promulgateprocedural rules
C. Rule-making Power ofthe Supreme Court
1.Limitations on the rule-making power of the Supreme Court(a) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;(b) They shall be uniform for all courts of the same grade;
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Bustos vs. Lucero
, 81 Phil. 640
2
ibid.
3
as applied in criminal law
4
ibid.
 
2
(c) Theyshall not diminish, increase, or modify substantive rights;
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(d)The power to admit attorneys to the Bar is not an arbitrary and despotic one, tobe exercised atthe pleasure of the court, or from passion, prejudice or personal hostility, butis the duty of the court to exercise and regulate it by a sound and judicial discretion.
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2. Power of the Supreme Court to amend and suspend proceduralrules(a) When compelling reasons so warrant or when the purpose of justice requires it.
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(b)To relieve alitigant of an injustice commensurate with his failure to comply withthe prescribed procedure and the mere invocation of substantial justice is not a magicalincantation that will automatically compel the Court to suspend procedural rules.
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(c) Where substantial and important issues await resolution.
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(d) When transcendental matters of life, liberty or state security are involved.
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(e)The constitutional power of the Supreme Court to promulgate rules of practiceand procedure necessarily carrieswith it the power to overturn judicial precedents on pointsof remedial law through the amendment of the Rules of Court.
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D. Nature of Philippine Courts
Philippine courts areboth courts oflaw andequity.
12
5
Sec.5[5], Art. VIII, Constitution
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 Andres vs. Cabrera
, 127 SCRA 802
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Whatconstitutes agood and sufficient cause that would merit suspension of the rules is discretionaryupon courts(
CIR v. Migrant Pagbilao Corp
., GR 159593, Oct. 12, 2006)Reasons that would warrant the suspension of the Rules:(a) the existence of special or compelling circumstances(b) merits of the case(c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules(d) a lack of any showing that the review sought is merely frivolous and dilatory, and(e) the other party will not be unjustly prejudiced thereby (
Sarmiento v. Zaratan
, GR 167471, Feb. 5,2007)
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Cu-Unjieng v. CA
, 479 SCRA 594
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Pagbilao
, supra
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Mindanao Savings Loan Asso. V. Vicenta Vda. De Flores
, 469 SCRA 416
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Pinga vs. Heirs of Santiago
, G.R. 170354, June 30, 2006
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Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal (
US v. Tamparong
,31 Phil. 321)
 
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1. Meaning of a courtIt is an organ ofgovernment belonging to the judicial department the function of  which is the application of the laws to the controversies brought before it as well as thepublic administration of justice. The entity in the government organized for the proper administration of justice atthe time and place prescribed by law. It is an entity in which a portion of the judicial poweris vested.
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It is a board or tribunal which decides a litigation or contest.
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2. Court as distinguished from a judgeCourtJudge A tribunal officially assembled underauthority of law Simply an officer of such tribunal A being in imagination comparable to acorporation A physical person An entityAperson appointed to the courtPossesses the elements of stability andpermanency May come and go anytime3. Classification of Philippine courts(a) First LevelMTCs, MeTCs, MCTCsWhich try and decide(1) criminal actions involving (i) violations of city or municipalordinances committed within their respectiveterritorial jurisdiction and(ii) offenses punishable withimprisonment not exceeding six (6) years,
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Lontok vs.Batting
, 63 Phil 655
14
Hidalgo v. Manglapus
, 64 O.G.3189

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