Procedural law provides the process that a case will go through (whether it goes to trial or not).

It determines how a proceeding

concerning the enforcement of substantive law will occur. It is created and promulgated by the legislature and they create
substantive rights.

Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.

In case of conflict between procedural and substantive law, Substantive law prevails.

Remedial laws are adjective laws which prescribe rules and forms of procedure of enforcing rights or obtaining redress for their
invasion.

Dura Lex Sed Lex –The law is harsh, but it is the law. It is harsh when it is not commensurate to the offense committed hence, one
must amend the law. Kaya di siya always magandang maxim.

Criminal Action Civil Action

One who files the case is the state It is filed by the private individual.

Punishment is commission of an act or omission of a One sues another for prevention of right
positive duty.
Burden of proof is beyond reasonable doubt. Burden of proof is preponderance of evidence.

Venue is jurisdictional. Venue is the residence if the parties at the choice of

(file where the crime was committed) plaintiff or complainant.

If di mo finile sa tamang place, Court will dismiss it File a complaint in Court which has jurisdiction.
motu proprio for lack of jurisdiction.

File a Complaint Affidavit to the Office of the Prosecutor Most of the time, parties undergo Brgy. Reconciliation
and if there is a probable cause, he will issue a Reason:
resolution and will file the information in court. (1) Declog the dockets of courts
(2) Encourage parties to settle amicably

Need to secure a Certificate to File Action, failure will

result to Court dismissing the case (not muto proprio;
only in the even of other party raising it)
Territoriality Principle Nationality Principle

If the Filipino spouse is married and contracted 2nd marriage in US, the aggrieved spouse can’t sue the other spouse for bigamy since
territoriality principle will apply.

o General Jurisdiction- The power to adjudicate all controversies, except those expressly withheld from the plenary powers
of the court
o Special Jurisdiction- Which restricts the court’s jurisdiction only to particular cases and subject to such limitations as may
be provided by the governing law
o Original Jurisdiction- 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
o Exclusive Jurisdiction- Power to adjudicate a case or proceeding to the exclusion of other courts at that stage
o Territorial Jurisdiction- Refers to the geographical area within which its powers can be exercised.

Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact
(Sec. 1, Rule 128).