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A substantive law creates, defines or regulates rights concerning life, liberty or property, or the powers of

agencies or instrumentalities for the administration of public affairs, whereas rules of procedure are provisions
prescribing the method by which substantive rights may be enforced in courts of justice." (Moran, Comments
on the Rules of Court, Vol. I, 1952 ed., p.4.)
In Bustos vs. Lucero,* (46 Off. Gaz., January Supp., pp. 445, 448), this Court cited with approval the following
definitions of substantive law:
Substantive law creates substantive rights and the two terms in this respect may be said to be
synonymous. Substantive rights in a term which includes those rights which one enjoys under the legal
system prior to the disturbance of normal relations. (60 C.J. 980.)
Substantive law is that part of the law which creates, defines and regulates rights, or which regulates the
right and duties which give rise to a cause of action; that part of the law which courts are established to
administer; as opposed to adjective or remedial law, which prescribes the method of enforcing rights or
obtain redress for their invasions (36 C.J. 27; 52 C.J.S. 1026).
Procedural law defines the method or proceedings in the enforcement of the rights and duties defined in
substantive law
Procedural law consists of the set of rules that govern the proceedings of the court in criminal lawsuits as well
as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law,
while during the proceedings. These rules ensure fair practice and consistency in the "due process".

A JUSTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are
rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is
proper to be examined or decided in courts of justice because its determination would not involve an
encroachment upon the legislative or executive power.
A POLITICAL QUESTION is one which under the Constitution is to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with issues dependent upon the wisdom, not the validity
or legality, of a particular measure or a contested act.

Constitutional Court- is the court established by the Constitution


Article VIII, Section 1 provides that: The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Statutory Court are the Courts established by law ( Court of Appeals, Sandiganbayan, Court of Tax Appeal,
Regional Trial Court (Special Courts: 1. Family Courts (R.A. 8369), 2. Drug Courts (AM 00-8-01-SC)),
Metropolitan Trial Court, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts, Sharia District Courts, Sharia Circuit Courts.

Venue
VENUE
-Particular country or geographical area
case

in which

a court

-Procedural
-In civil cases, may be waived or stipulated by the parties
JURISDICTION

with jurisdiction may hear or determine a

-Power of the court to decide a case on the merits


-Place of trial
-Substantive
-Granted by law or by the constitution and cannot be waived or stipulated
Criminal Cases
Section 15. Place where action is to be instituted.
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients
occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the
course of its trip, the criminal action shall be instituted and tried in the court of any municipality or
territory where such train, aircraft or other vehicle passed during such its trip, including the place of its
departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall
be instituted and tried in the court of the first port of entry or of any municipality or territory where the
vessel passed during such voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal action is first filed. (15a)

Civil Cases
RULE 4
VENUE OF ACTIONS
SECTION1. Venue of Real Actions. Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein
the real property involved or a portion thereof is situated.
Forcible entry and detainer actions shall be commenced and tried in the Municipal Trial Court of the
municipality or city wherein the real property involved, or a portion thereof, is situated. (1[a] and
2[a]a)
SEC.2. Venue of Personal Actions. All other actions may be commenced and tried where the plaintiff
or any of the principal plaintiffs resides, or where the defendant or any of the prinicipal defendants
resides, or in the case of a non-resident defendant, where he may be found, at the election of the
plaintiff. (2[b]a)
SEC.3. Venue of Actions Against Non-Residents. If any of the defendants does not reside and is not
found in the Philippines and the action affects the personal status of the plaintiff, or any property of said
defendant located 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 or found. (2[c]a)
SEC.4. When Rule Not Applicable. This Rule shall not apply:
[a] In those cases where a specific rule or law provides otherwise; or
[b] Where the parties have validly agreed in writing the filing of the action on the exclusive
venue thereof. (3a and 5a)