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Remedial Law & The Rules

Remedial law outlines the procedures for enforcing legal claims and obtaining relief from wrongs. It is prospective but also applies to pending cases, with some exceptions to avoid impairing vested rights or causing injustice. Remedial law applies to all courts except for certain special cases like election, land title, and insolvency proceedings. While some non-judicial bodies like the NLRC may dispense with certain procedural requirements, decisions must still be based on substantial evidence. Remedial law may also apply supplementally to the exceptions.

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Earl Ian Debalucos
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133 views1 page

Remedial Law & The Rules

Remedial law outlines the procedures for enforcing legal claims and obtaining relief from wrongs. It is prospective but also applies to pending cases, with some exceptions to avoid impairing vested rights or causing injustice. Remedial law applies to all courts except for certain special cases like election, land title, and insolvency proceedings. While some non-judicial bodies like the NLRC may dispense with certain procedural requirements, decisions must still be based on substantial evidence. Remedial law may also apply supplementally to the exceptions.

Uploaded by

Earl Ian Debalucos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Remedial Law

- Rules w/c prescribe procedure for enforcmnt of claims arising from rights created by law
- CoA effectated, wrongs redressed, relief obtained.
- Vs substantive law – creates & regulates rights in life, liberty prop
- Not laws in strict sense since not Congress, but has force & effect
- Prospective, but also to pending cases (pwd ky no vested right attached/arisen) eg Neypes
Rule/fresh period rule
- Exception to pending: (SINI)
1. Statute itself/by implication
2. Impair vested rights
3. INjustice/iNfeasible
4. Impair due process/indpendence of courts
- Applies to all courts and proceedings in civil, criminal and special actions except otherwise
provided such as (LINEN)
1. Election cases
2. Lland tits, cadastral
3. Naturalization
4. Insolvency procdngs
5. Non-judicial proceedings (eg, admin bodies like NLRC, else defeat substantive law such as
Labor Code. Hence, req. for proof of service in labor cases may be dispensed w/ aka not
jurisdictional defect. Also, formal offer of evidence in naturalization cases, submission of
evidence in NLRC tho not prsented in Labor Arbiter ky after all not prohibited, documentary
evidence were mere photocopies in NLRC/intellectual property case)
***PERO reminder by SC: not a license to disregard fundamental laws, hence decision and
the relied evidence must be at least SUBSTANTIAL
- Pero may apply by analogy/suppletorily, hence the above are notbound by technical rules of
procedure

Scope of Civil Procedure:

1. Ordinary civil (1-56)


2. Provisional remedies (57- 61)
3. Special (62-71)

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