REMEDIAL LAW and LEGAL ETHICS- BAR 2022 REVIEWER

PART 1.

FIRST LEVEL COURTS

I. General Principles
a. Substantive law vs. Remedial Law
Remedial law is the branch of law that prescribes methods of enforcing rights and obligations
created by substantive law. It provides a procedural system for obtaining redress for the
invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tried
and decided upon by courts. (Bustos v. Lucero, G.R. No. L-2068, 1948)

Retroactive Application of Procedural Rules on Pending Actions; Exception

 The retroactive application of procedural laws does not violate any personal rights because no
vested rights may attach to nor arise therefrom. (In the Matter to Declare in Contempt of Court
Hon. Simeon Datumanong, G.R. No. 150274, 2006).
 Retroactive application does not apply when the statute itself expressly or impliedly provides
that pending actions are excepted from its operation, or when applying it to pending
proceedings would impair vested rights. Under appropriate circumstances, courts may deny the
retroactive application of procedural laws in the event that it would not be feasible or would
work injustice. (Tan v. CA, G.R. No. 136368, 2002).

Substantive law is that part of the law which creates, defines, and regulates rights, or which
regulates the rights and duties which give rise to a cause of actions. (Bustos v. Lucero, G.R. No. L-
2068, 1948).

Substantive law Remedial law

Makes vested rights possible. ((Fabian v No vested rights attach to nor arise
Desierto, G.R. 129742, 1998) therefrom. (Go v. Sunbanum, G.R. No.
168240, 2011)
Prospective in application. (Spouses Tirona v Retroactive in application. (Calacala v.
Alejo, G.R. 129313, 2001) Republic, G.R. No. 154415, 2005)
Originates from the legislature and it is not Does not originate from the legislature but
embraced by the rule-making power of the has the force and effect of law if not in
Supreme Court. (Primicias v Ocampo, G.R. L- conflict with substantive law. (Alvero v. De La
6120, 1953) Rosa, G.R. No. L-286, 1946)