Civil Procedure

Topics: Jurisdiction, Court, Appeal Pages: 191 (70074 words) Published: March 17, 2013
Rules 1 – 71
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 diminish, increase, or modify substantive rights (Sec. 5[5], Art. VIII, Constitution). (4)     The power to admit attorneys to the Bar is not an arbitrary and despotic one, to be exercised at the pleasure of the court, or from passion, prejudice or personal hostility, but is the duty of the court to exercise and regulate it by a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)  

Power of the Supreme Court to amend and suspend procedural rules (1)     When compelling reasons so warrant or when the purpose of justice requires it. What constitutes and good and sufficient cause that would merit suspension of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR 159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules: (a) the existence of special or compelling circumstances (b) merits of the case (c) cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules (d) a lack of ay showing that the review sought is merely frivolous and dilatory (e) the other party will not be unjustly prejudiced thereby (Sarmiento v. Zaratan, GR 167471, Feb. 5, 2007) (2)     To relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure and the mere invocation of substantial justice is not a magical incantation that will automatically compel the Court to suspend procedural rules. (Cu-Unjieng v. CA, 479 SCRA 594) (3)     Where substantial and important issues await resolution. (Pagbilao, supra) (4)     When transcendental matters of life, liberty or state security are involved.(Mindanao Savings Loan Asso. V. Vicenta Vda. De Flores, 469 SCRA 416). (5)     The constitutional power of the Supreme Court to promulgate rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court (Pinga vs. Heirs of Santiago, GR 170354, June 30, 2006).  

Nature of...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay about civil procedure:
  • 2L Civil Procedure Outline Research Paper
  • Civil & Criminal Procedure Essay
  • Civil Procedure and Advise Employee Issue Essay
  • Civil Justice System Essay
  • res judicata Research Paper
  • The Problems of Civil Litigation Essay
  • Federal Civil Procedure Essay

Become a StudyMode Member

Sign Up - It's Free