Chapter 1.

General Principles
I. Remedial Law and the Rules of Court
Remedial Law
-the term given to the rules which prescribe the procedure for the protection and enforcement of all claims arising
from the rights and duties created by law
-provides the means and methods whereby causes of action may be efectuated, wrongs redressed and relief
obtained
Substantive law
-creates, defnes and regulates rights and duties concerning life, liberty or property the violation of which gives rise
to a cause of action
Remedial v. Substantive
-Remedial law prescribes the methods enforcing those rights and obligations created by substantive law by
providing a procedural system
Procedural rules
-he procedural rules under the Rules of Court are not laws.
-!ut they have the force and efect of law
-applicable actions or proceedings" #ecs. $ and %, Rule &
-inapplicable actions or proceedings" #ec. ', Rule &
-e(ception" they may be applied to election cases etc by analogy, suppletory character and
whenever practicable and convenient
-hey are not penal laws
-hey are not to be given retroactive efect
-they govern cases brought after they ta)e efect and all further proceedings in pending and undetermined
cases *see Rule &''+
-as for pending cases, they will not be applied if their application would not be feasible or would
wor) in,ustice
-its application to pending cases deemed it retroactive in that sense
-this is only possible because there are no vested rights in the rules of procedure
--(ceptions *an v. C.+"
a. where the statute itself or by necessary implication provides that pending actions are
e(cepted from its operation/
b. if applying the rule to pending proceedings would impair vested rights/
c. when to do so would not be feasible or would wor) in,ustice/
d. if doing so would involve intricate problems of due process or impair the independence
of the courts.
-hey are not strictly applied in proceedings before administrative bodies
-e(" !oard of 0edicine
-administrative due process is diferent with due process in strict ,udicial terms
-hey are not applied to non-,udicial proceedings
-e(" 1LRC, Labor .rbiter
-hey are not applicable to a petition for naturali2ation
-e(" formal ofer of evidence is not applicable
Scope of Civil Procedure:
&. ordinary civil actions *Rules &-34+
$. 5rovisional remedies *Rules 36-4&+
%. #pecial civil actions *Rules 4$-6&+
Cases:
&. !antolino v. Coca-Cola !ottlers, 5hil. Inc" he argument that a7davits attached to the case are hearsay because
the a7ants were not presented in court for cross-e(amination is not persuasive because the rules of evidence are
not strictly observed in proceedings before administrative bodies li)e the 1LRC where decisions may be reached by
positions papers only
$. #asan #r. v. 1LRC" he 1LRC is not precluded from receiving evidence even for the frst time on appeal, because
technical rules of procedure are not binding in labor cases/ mere photocopies are acceptable *same ,ustifcation+