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Other Sources of Remedial Law

1. The Revised Rule on Summary Procedure


2. Alternative Dispute Resolution Act of 2004 (RA No. 9285)
3. An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction
Over Child and Family Cases, Amending BP Bilang 129 as Amended, Otherwise
Known as The Judiciary Reorganization Act of 1980, Appropriating Funds
Therefor and for other Purposes. (RA 8369)
4. PRESIDENTIAL DECREE No. 1083 A DECREE TO ORDAIN AND
PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM
LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS
ADMINISTRATION AND FOR OTHER PURPOSES
5. PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE
KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES as amended
by PD 1606 and further amended by RA 8249.
6. RA 1125, Law Creating the Court of Tax Appeals and for Other Purposes as
amended by RA 9282
7. Rules on Examination of A Child Witness
8. 2004 Rules on Notarial Practice
9. Rule on Children Charged Under the Comprehensive Dangerous Drugs Act of
2002
10. Rule on DNA Evidence
11. The Rule on the Writ of Amparo
12. The Rule on the Writ of Habeas Data
13. Special Rules of Court on Alternative Dispute Resolution
14. Rules of Procedure for Environmental Procedure
15. Rule on Juveniles in Conflict with the Law
16. The Judicial Affidavit Rule
Speedy Disposition of Cases vs Speedy Trial
Speedy trial Section 14 covers only the trial phase of criminal cases, whereas
Section 16 covers all phases of any judicial, quasi-judicial or administrative
proceedings.
Speedy trial

Speedy disposition of cases

Refers to trial phase only

Refers to disposition of cases (All phases)

Criminal cases only

Judicial, quasi-judicial or admin. Proceedings

Statutory Courts vs Constitutional Courts


Constitutional courts are those owe their existence to the Constitution, and therefore
cannot be legislated out of existence or deprived by law of the jurisdiction and
powers unqualifiedly vested in them by the Constitution, whereas statutory courts
are those created, organized and with jurisdiction exclusively determined by law.
Statutory Courts
1. Sandiganbayan - PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER
PURPOSES as amended by PD 1606 and further amended by RA 8249.
2. Court of Tax Appeals - RA 1125, Law Creating the Court of Tax Appeals and for
Other Purposes as amended by RA 9282
3. Shariah Courts - PRESIDENTIAL DECREE No. 1083 A DECREE TO ORDAIN
AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO
MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING
FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES
4. Family Courts - An Act Establishing Family Courts, Granting Them Exclusive
Original Jurisdiction Over Child and Family Cases, Amending BP Bilang 129 as
Amended, Otherwise Known as The Judiciary Reorganization Act of 1980,
Appropriating Funds Therefor and for other Purposes. (RA 8369)

Nature of Philippine Courts


The distinction obtaining in other jurisdictions between courts of law and courts of
equity, and among civil, criminal, and probate courts, does not apply in the
Philippines wherein all courts are courts both of law and equity.
Tribal Courts, Military Courts
Both are not part of the Philippine Judicial System. Military Commissions are
agencies of executive character.

Tribal courts do not possess judicial power. Like the pangkats or conciliation
panels created by P.D. No. 1508 in the barangays, they are advisory and conciliatory

bodies whose principal objective is to bring together the parties to a dispute and
persuade them to make peace, settle, and compromise. An amicable settlement,
compromise, and arbitration award rendered by a pangkat, if not seasonably
repudiated, has the force and effect of a final judgment of a court (Sec. 11, P.D.
1508), but it can be enforced only through the local city or municipal court to which
the secretary of the Lupon transmits the compromise settlement or arbitration award
upon expiration of the period to annul or repudiate it (Sec. 14, P.D. 1508). Similarly,
the decisions of a tribal court based on compromise or arbitration, as provided in
P.D. 1508, may be enforced or set aside, in and through the regular courts today.

A military commission or tribunal cannot try and exercise jurisdiction, even during
the period of martial law, over civilians for offenses allegedly committed by them as
long as the civil courts are open and functioning, and that any judgment rendered by
such body relating to a civilian is null and void for lack of jurisdiction on the part
of the military tribunal concerned.

Doctrine of Adherence of Jurisdiction, Hierarchy of Courts, Primary


Jurisdiction, Non-Interference
1. Doctrine of Adherence of Jurisdiction - the principle that once a court has
acquired jurisdiction, that jurisdiction continues until the court has done all
that it can do in the exercise of that jurisdiction. The doctrine holding that
even the finality of the judgment does not totally deprive the court of
jurisdiction over the case. What the court loses is the power to amend, modify
or alter the judgment. Even after the judgment has become final, the court
retains jurisdiction to enforce and execute it. Also called Doctrine of continuity
of jurisdiction.
2. Doctrine Of Hierarchy of Courts - An established policy that parties must
observe the hierarchy of courts before they can seek relief directly from the
Supreme Court. The rationale for this rule is twofold: (a) it would be an
imposition upon the limited time of the Supreme Court; and (b) it would
inevitably result in a delay, intended or otherwise, in the adjudication of cases,
which in some instances, had to be remanded or referred to the lower court
as the proper forum under the rules of procedure, or as better equipped to
resolve the issues because the Supreme Court is not a trier of facts.
3. Doctrine of Primary Jurisdiction - The doctrine that holds that if the case is
such that its determination requires the expertise, specialized skills and
knowledge of the proper administrative bodies because technical matters or

intricate questions of facts are involved, then relief must first be obtained in an
administrative proceeding before a remedy will be supplied by the courts even
though the matter is within the proper jurisdiction of a court.
4. Doctrine of Non-Interference - An elementary principle of higher importance in
the administration of justice that the judgment of a court of competent
jurisdiction may not be opened, modified, or vacated by any court of
concurrent jurisdiction.