CIVIL PROCEDURE

Substantive law v. Remedial Law

 Bustos v. Lucero
 SL – Congress; RL – Courts
 SL vest rights; RL no vested rights
 SL is prospective; RL may be given retroactive effect
 Remedial law has force and effect of the law provided no conflict with substantive law
 RL must not diminish, increase or modify substantive rights.
 Fresh period rule: fresh period of 15 days to appeal (Neypes vs CA). SC: fresh rule may be given
retroactive effect as there is no vested rights in the rules of procedure. Remedial laws may be
given retroactive effect in all cases pending and undetermined at the time of the adoption of the
laws

Fundamental purposes of RL
 To

Branches of Remedial law

 Civil Procedure (Ordinary Civil Action, SCA, Provisional Remedies)
 Special Proceedings. Seek to establish status, rights or a particular fact
 Criminal Procedure. Prosecution of an act or omission punishable by law
 Evidence. Ascertaining the truth respecting the matter of fact. See amended rules evidence.

Implementation of RL
 Implemented thru the pillars of the judicial system of the government

Sc has rule-making power / power to promulgate rules.

 See constitution Art. VIII, Sec 8 par. 5
 The power is exclusive to the SC and no longer shared with the Congress
 Scope of rule-making power of the SC
 RA 9165, Sec 23: plea-bargaining on drugs cases: unconstitutional, invalid as encroaches the
rule-making power of the SC. the rule making power pertains exclusively to the SC
 Lubrigo:

Payment of Docket Fees

 Fiscal autonomy; separation of powers. GSIS, NAPOCOR, Cooperative are not exempt to
payment of docket fees.
 Exemption must be given by the SC and not by the Congress.
 Sec 14, Ombudsman law. Unconstitutional as contravenes rule 58 of the rules of court. Sc has
exclusive power to promulgate rules.
 However, Congress is not prohibited to enact laws recognizing procedural laws as statutory
rights. Example: witness protection program.

Limitation on the Rule-making power of the Supreme Court