S O G U I L O N, 2018
REMEDIAL LAW
13th week
A. WHAT IS 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.
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.
B. WHAT ARE THE PARTS OF THE RULES OF
COURT?
RULES OF COURT
Pursuant to the provisions of section 5 (5) of
Article VIII of the Constitution, the Supreme
Court hereby adopts and promulgates the
following 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:
THE 1997 RULES OF CIVIL PROCEDURE
Briefly, the New Rules of Court are divided into
different parts, to wit:
1. Civil Procedure
2. Provisional Remedies
3. Special Civil Actions
4. Special Proceedings
5. Criminal Procedure
6. Evidence
7. Rules Concerning admission to the
practice of law
C. WHAT IS JURISDICTION?
Jurisdiction – the power and authority of
the court to hear, try and decide a case.
(1) Jurisdiction is the power and authority
of the court to hear, try and decide a case.
(2) Jurisdiction is not only the power of the
court to hear and decide cases; it includes
the power to execute decisions (Secretary
of Justice vs. Echegaray, 301 SCRA 96).
(3) Jurisdiction is conferred by law based on
the facts alleged in the complaint since the
latter comprises a concise statement of the
ultimate facts constitution.
D. WHAT IS EXCLUSIVE JURISDICTION?
o Power to adjudicate a case or
proceeding to the exclusion of other
courts at that stage
o
E. WHAT IS CONCURRENT JURISDICTION?
o Sometimes referred to as the
coordinate jurisdiction which is the
power conferred upon different courts
whether of the same or different ranks,
to take cognizance at the state of the
same case in the same or different
judicial territories.

F. WHAT IS ORIGINAL JURISDICTION?
o The power of the court to take judicial
cognizance of a case instituted for
judicial action for the first time under
conditions provided by law;
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.
G. WHAT IS APPELLATE JURISDICTION?
The authority of the court higher in rank to re-
examine the final order, judgment or a lower
court which tried the case now elevated for
judicial review
Appellate jurisdiction is the authority to review,
revise, reverse or modify decisions of a lower
court. The MTC has no appellate jurisdiction.
H. WHAT IS CIVIL PROCEDURE?
It treats of the enforcement and protection of
rights in civil cases. There are two kinds of civil
action:
a) Ordinary Civil Action – collection case,
abatement of nuisance, breach of
contract.
b) Special Civil Action – Quo warranto,
certiorari, mandamus, prohibition,
declaratory relief, partition, foreclosure
of mortgage, interpleader, eminent
domain.
I. DISCUSS THE STAGES OF A CIVIL ACTION.
Stages Of A Civil Case
Most civil lawsuits can be divided into the
stages listed below:
S O G U I L O N, 2018
i. Pre-filing. During the pre-filing stage, the
dispute arises and the parties make
demands, try to negotiate a resolution, and
prepare for the possibility of a court action.
ii. Initial pleading. During this stage, one
party files papers (called a "complaint") to
start the court action, and the other party
files some type of response (an "answer" or
maybe a "motion").
iii. Discovery. During the discovery stage, both
sides exchange information and learn about
the strengths and weaknesses of the other
side's case.
iv. Post discovery/pre-trial. In this stage, the
parties start preparing for trial; they get
their evidence and witnesses in order, they
might engage in some type of settlement
conference, and they may file motions with
the court to resolve the case or limit the
issues for trial.
v. Trial. During this stage, the case is actually
heard by the judge or a jury (which could
last for a couple of hours or a couple of
months, depending on the complexity of
the case); witnesses are examined,
evidence is presented, and the case is
eventually decided and a judgment entered.
vi. Post-trial. During the post-trial stage, one
or both of the parties might appeal the
judgment that was entered at trial, or the
winning party might try to collect the
judgment that was entered.
J. WHAT IS CRIMINAL PROCEDURE?
Criminal procedure is a part of remedial law
which provides for the apprehension,
prosecution, conviction or acquittal, as the case
may be, of a person who is accused of having
committed a crime.
 S O G U I L O N, 2018

K. WHAT IS EVIDENCE? means could not contribute for the

maintenance of justice in the future. So the
It is the means sanctioned in the Rules of
process of proof should be regulated by
ascertaining in judicial proceeding the truth
evidentiary rules and principles in order to
respecting a matter of fact.
achieve accelerated, fair and economic Justice.
KINDS OF EVIDENCE
In both criminal and civil proceedings, the law
1. Documentary Evidence – such as of evidence has a number of purposes. In short,
documents, papers, or any written the law of evidence regulates the process of
letter or communication. proof. The rule of civil and criminal evidence, in
2. Testimonial Evidence – oral or written conjunction with the rules of procedure,
testimony or statement of a witness. establish the frame work for the process of
3. Real Evidence – That which may be proof and the conduct of litigation, so that a
exhibited to or viewed by the Court lawyer advising his client or preparing his case
such as the knife or gun used to kill Mr. for trial or presenting it to the court or tribunal
A. will know what issues his client must prove in
4. Circumstantial Evidence – It proves a order to succeed.
fact from circumstances surrounding a
The law of evidence also has amoral purpose by
particular incident or situation.
establishing and regulating the rules relating to
5. Corroborative Evidence – Additional
the process of proof in proceedings in courts
evidence of the same kind tending to
and tribunals. Whilst this moral dimension is
prove the same fact.
important in civil proceedings, it has special
6. Cumulative Evidence – Additional
currency in criminal cases as it reflects the
evidence of a different kind tending to
powerful public interest in bringing the guilty to
prove a fact.
justice, whilst allowing the innocent to go free.
7. Prima Facie Evidence – Evidence
In some cases the rules of evidence may
sufficient to prove an issue unless
actually prevent the truth from being
rebutted by the other evidence.
discovered in the wider public interest.
8. Expert Evidence – That given by a
person who has a specialized Moreover, especially in criminal cases, law of
knowledge of a particular field in evidence stands to protect the accussed's right
connection with which his testimony is to affair trial for instance, by containing many
requested. rules which excludes potentially relevant
evidences like the general rule that evidence of
L. WHAT IS THE PURPOSE OF EVIDENCE? the defendant's character and previous
convictions will not be admitted at trial
Evidence is the “Key” which a court needs to
render a decision. Without evidence there can
be no proof. Evidence provides the court with
information. Proving facts through the
presentation of evidence means convincing
court to accept a particular version of events. Of
course, one can search truth even trough
violating the constitutional rights of the parties.
However, evidences obtained through unlawful