Notes in CIVIL PROCEDURE 3.

Rules are subordinate to statutes

4. In case of conflict, statute will prevail
Remedial law- traditional term for the rules
which prescribe the procedure for the Prospective effect of Rules of Court
protection and enforcement of all claims arising
from the rights and duties created by laws. It is Rules in the RC are not penal laws and are not
given any retroactive effect. They are to govern
the means and methods whereby causes of
action may be effectuated, wrongs redressed cases brought after they take effect and also all
further proceedings in pending cases EXCEPT to
and relief obtained. These are methods
enforcing those rights and obligations created the extent that in the opinion of the court, their
application would not be feasible or would work
by substantive law. It provides a procedural
system for obtaining redress for the invasion of justice in which event the former procedure
shall apply.
rights and violations of duties and by laying out
rules as to how suits are filed, tried and decided
upon by the courts.

Substantive law- creates, defines, and regulates

rights and duties concerning life, liberty or
property. The violation of which gives rise to a
cause of action.

Procedural rules under the rules of courts are

NOT LAWS.

RULES OF COURT refers to the body of rules

governing pleading, practice and procedure
promulgated by the SC pursuangt to its rule-
making powers under the constitution.

1. Since they Do not originate from the

legislature, then they Cannot be called
laws in strict nature
2. Since promulgated by the authority of
law, then they have the force and effect
of law provided that they are not in
conflict with positive law