Substantive law creates, defines and regulates right and duties concerning
life liberty or property, which when violated gives rise to a cause of action.
Remedial law prescribes the methods of enforcing those rights and
obligations created by substantive law, by providing a procedure of system for
obtaining redress for the evasion of rights and violations of duties and by
prescribing rules as to how suits are filed, tried and decided by the courts.
SUBSTANTIVE LAW REMEDIAL LAW
As to Definition The law that Creates, It prescribes the Method of
Defines, and Regulates enforcing rights and obtain
rights or which regulates the redress for their invasions
right and duties which give
rise to a cause of action
As to establishment of It makes vested rights No vested rights may attach
vested rights possible to nor arise therefrom
If the rule takes away vested
right, it is not procedural. If If it operates as a means of
the rule creates a right such implementing an existing
as the right to appeal, it right then the rule deals
may be classified as a merely with procedure
substantive matter
As to application It is prospective in It is construed to be
application applicable to actions
pending and undetermined
at the time of their passage
and are deemed
retroactive in that sense
and to that extend
As a general rule, the
retroactive application of
procedural law cannot be
considered violative of any
personal rights because no
vested right may attach to
nor arise therefrom
As to origination It originates from legislature
It does not originate from
the legislature but has the
force and effect of law if not
in conflict with substantive
law
As to authority of the It cannot be enacted by The Supreme Court is
Supreme Court the Supreme Court Expressly empowered to
promulgate procedural
rules.
JURISDICTION VENUE
Refers to the authority or power of Refers to the place where the
the court to hear and determine case is to be heard or tried.
a case.
Is a matter of substantive law Is a matter of procedural law
Fixed by law (B.P. 129) and May be conferred by the parties
cannot be conferred by the or subjected to agreement by
parties the parties.
Jurisdiction - It is the power of the court to try and hear a case and render
decision.
Cause of action - refers to the act or omission of a person which violates a
substantive law.
Right of action - refers to the right of a party whose right has been violated, to file
a case. So when you say, right of action that presupposes he is a cause of action.
Action - refers to a case. Like when we say a civil case or civil action. It is one
where a person files a case or sues another for the protection of his right.
DOCTRINE OF HIERARCHY OF COURT - means that a higher court will not entertain
direct recourse to it unless the redress cannot be obtained in the appropriate
lower courts. Otherwise, SC will be flooded with petitions. It will not have any time
to entertain cases which are within its exclusive jurisdiction.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES - It means that before
a party can go to court, he should first avail of all the remedies given by the
administrative bodies. In other words, if a remedy is available in the
administrative body, you have to file the case first in the administrative body
before you go to court. You have to exhaust all administrative remedies in the
administrative body before you go to court.
Every ordinary civil action must be based on a cause of action. When you file a
case, there must be a cause of action.
What happens if you file a case without cause of action?
That case could be dismissed on the ground of FAILURE TO STATE A CAUSE OF
ACTION.
Failure to state a cause of action has something to do with the allegations- the
insufficiency in the allegations. There must be a cause of action and that cause
of action must be stated in the complaint. Again, failure to state a cause of
action is a ground for dismissal. Every action must be based on a cause of action.
Cause of Action refers to an act or omission by which a party violates the right of
another.
Elements of cause of action: [ROAD]
a) R-ight, the plaintiff must have a right.
b) O- bligation, the correlative obligation of the defendant to respect that
right.
c) A- ct or omission, of the defendant in violation of said legal right.
d) D- amage The act or omission resulting in damage on the part of the
plaintiff.
Cause of action is the act or omission made by the defendant in violation of
the right of the plaintiff whereas right of action refers to the right of the plaintiff
to file a case against the defendant for the protection of his right or redress of
his grievances.
