Civil Procedure
CIVIL PROCEDURE
Rules 1 – 71 I. GENERAL PRINCIPLES Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from remedial law which provides or regulates the steps by which one who commits a crime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speed disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not
Rules 1 – 71 I. GENERAL PRINCIPLES Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from remedial law which provides or regulates the steps by which one who commits a crime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speed disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not