Remedial Law, Legal and Judicial Ethics, with Practical Exercises › General Principles

A. Concept and Nature of Remedial Law

REMEDIAL LAW

It is a branch of law that prescribes the methods of enforcing rights and obligations created by substantive law. It provides a procedural system for obtaining redress for the invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tried, and decided upon by the courts. (Bustos v. Lucero; G.R. No. L-2068, 1948).

SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW

SUBSTANTIVE LAW REMEDIAL LAW
Substantive law is that part of the law which creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action; that part of the law which courts are established to administer; as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtains redress for their invasion. (Bustos v. Lucero, G.R.No. L-2068, 1948). Remedial law prescribes the method of enforcing rights or obtaining redress for their invasions. (Primicias v. Ocampo, G.R. No. L-6120, 1953)
Makes vested rights possible. No vested rights may attach to nor arise therefrom (Go. v. Sunbanun, G.R. No.168240, 2011).
Generally prospective in application, unless the law provides otherwise, subject to constitutional limitations. (Civil Code, Article 4) Generally applies to actions pending when the procedural rule takes effect, subject to exceptions such as impairment of vested rights or injustice. (Calacala v. Republic, G.R. No. 154415, 2005).
Originate from the legislature Procedural rules are promulgated by the Supreme Court under its constitutional rule-making authority; procedural provisions may also appear in legislation, subject to that authority. (1987 Constitution, Article VIII, Section 5(5); Alvero v. De La Rosa GR. No. L-286, 1946).

Authorities

  • Alvero v. De La Rosa, G.R. No. L-286, 29 March 1946
  • Bustos v. Lucero, G.R. No. L-2068, 20 October 1948
  • Calacala v. Republic, G.R. No. 154415, 28 July 2005
  • Go v. Sunbanun, G.R. No. 168240, 9 February 2011
  • Primicias v. Ocampo, G.R. No. L-6120, 30 June 1953