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Remedial Law Lectures Riano
Remedial Law Lectures Riano
General Principles
A. Concept of Remedial Law
The Rules of Court as a whole constitute the body of rules governing pleadings, practice and
procedure. As they do not originate from the legislature, they cannot be called laws in the strict
sense of the word. However, since they are promulgated by authority of law, they have the force and
effect of law if not in conflict with a positive law. The Rules are subordinate to statute, and in case of
conflict, the statute will prevail.
The concept of Remedial Law lies at the very core of procedural due process, which means a law
which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial,
and contemplates an opportunity to be heard before judgment is rendered.
Remedial Law is that branch of law which prescribes the method of enforcing the rights for obtaining
redress for their invasion.
Remedial laws are implemented in our system of government through the pillars of the judicial
system, including the prosecutory service, our courts of justice and quasi judicial agencies.
We cannot separate remedial law from substantive law. Remedial law does not establish a right.
Substantive law establishes that right, but remedial law protects and enforces such right.
B. Substantive Law as Distinguished from Remedial Law
SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rights concerning
life, liberty, or property, or the powers of agencies or instrumentalities for the administration of public
affairs. This is distinguished from REMEDIAL LAW which prescribes the method of enforcing those
rights and obligations created by substantive law for obtaining redress for their invasion.
C. Rule-making Power of the Supreme Court
The SC has the constitutional power to promulgate
rules concerning pleading,practice and procedure (Sec 5(5), Art. VIII, Constitution). But this is not
an absolute power, it is subject to some limitations.
1. Limitations on the rule-making power of the Supreme Court
The following are imposed by the Constitution on the rule-making power of the SC:
a. The Rules shall provide a simplified and inexpensive procedure for the speedy disposition of
cases;
b. The Rules shall be uniform for courts of the same grade; and
c. The Rules shall not diminish, increase, or modify substantive rights (Sec. 5(5), Art. VIII,
Constitution). Only the legislature can do these acts, not the SC.
2. Power of the Supreme Court to amend and suspend procedural rules
The courts have the power to relax or suspend technical or procedural rules or to except a case
from their operation when compelling reasons so warrant or when the purpose of justice
requires it. What constitutes good and sufficient cause that would merit suspension of the rule
is discretionary upon the courts.
When a rule promulgated by the SC is not applied by the SC to a particular case, it is not a situation
where the SC violates its own rules. It is a situation where the SC has promulgated a rule on that
particular case only pro hac vice. This is the power of the SC to suspend the rules in the interest of
justice. The SC can even not apply a particular rule.
In a case where the action of the MTC was patently null and void, the SC took cognizance of a
petition for certiorari without it having to pass the RTC. The SC in this particular case did not follow a
rule. What is the justification of the court? Action has to be done immediately. Only the SC can do
that.
The SC has also sustained appeals filed beyond the reglementary period shown to be meritorious
and the failure to file on time was with a reason that will compel the court to recognize that reason.
The rules are not intended to be applied with pedantic rigor. The rules and technicalities have to give
way to the interest of substantial justice. So when there is a conflict between the interest of justice
and technicalities, the latter have to give way in order to give way to justice.
Reasons which would warrant the suspension of the Rules:
1. Existence of special or compelling circumstances;
2. the merits of the case;
3. a cause not entirely attributable to the fault or negligence of the party favored by the suspension
of rules;
4. lack of any showing that the review sought is merely frivolous and dilatory; and
5. the other party will not be unjustly prejudiced thereby.
Compliance with the rules is the general rule, and abandonment thereof should only be done in the
most exceptional circumstances.
Power to amend the rules. The SC has the power to amend, repeal or even establish new rules for
a more simplified and inexpensive process, and the speedy disposition of cases. The constitutional
power of the SC to promulgate rules of practice and procedure and to amend or repeal the same
necessarily carries with it the power to overturn judicial precedents on points of remedial law
through the amendment of the ROC.
The ROC are to be liberally construed in order to promote their objective of securing a just,
speedy, and inexpensive disposition of every action or proceeding.
D. Nature of Philippine Courts
Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is
dispensed with in the same tribunal.
1. Meaning of a court
Referred to here is the court as a public office, an office under the judiciary. It is tasked with the
primary purpose of resolving controversies among individuals, and also tasked with enforcement of
the procedures for defending the State against disorder like in criminal prosecution.
A court itself does not actually physically exist. The courtroom does. A court exists because of legal
fiction.
2. Court as distinguished from a judge
It is a court which has jurisdiction over cases. A judge has no jurisdiction. While a court is an office,
the officer that presides over a court is called a judge. A judge is a physical actual being while a court
is a creation of law. A judge may die but a court remains.
3. Classification of Philippine courts
4. Courts of original and appellate jurisdiction
Original jurisdiction is where a case is filed first.
The MTC has original jurisdiction. Does the CA also have original jurisdiction? Yes. There are cases
which are filed in the CA for the first time. Does the SC also have original jurisdiction? Yes.
Appellate jurisdiction is the authority to review, revise, reverse or modify decisions of a lower court.
The MTC has no appellate jurisdiction.
which made him to believe that the guy was squandering the money he gave as earnest money. If
the contract is annulled or rescinded, there is then an obligation for the obligee to make restitution,
and the buyer fears that there will be no more money to return. The defendant said that the plaintiff
in effect is asking for a provisional remedy that is not found in the rules. The SC said there is a
vacuum in the law, and there is a need to protect the right of the plaintiff should he win. And so the
court allowed a deposit as a provisional remedy pro hac vice only on that particular case using its
equity jurisdiction.
8. Principle of Judicial Hierarchy
This principle arises in case of concurrent jurisdiction. Meaning there are cases cognizable by 1
court and another court or courts authorized by law; there are several courts authorized by law to
take cognizance over a case. In petitions for a writ of amparo, there is concurrent jurisdiction
between the RTC, CA, SC and even the Sandiganbayan.
Our courts follow the so-called ladderized procedure. If you could file it in the lowest court, then
file it there first. You must have a compelling reason for filing it in a higher court than in a
lower court. This is judicial hierarchy, a general rule which may be disregarded sometimes.
9. Doctrine of non-interference or doctrine of judicial stability
A court cannot issue an order against a co-equal court. An RTC cannot enjoin the acts of another
RTC. This is to promote the doctrine of stability. This is also applied to certain quasi-judicial
agencies. The RTC cannot enjoin the SEC because they have equal ranks. Go to the CA by way of
Rule 43.