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NATURE OF PROCEDURAL/ ADJECTIVE LAW: to the terms of the

 Ensures the effective enforcement of substantive statute


rights through the orderly & speedy administration Allegations made in the complaint determines the
of justice jurisdiction
SUBSTANTIVE LAW PROCEDURAL LAW
Creates, defines & Prescribes the rules &
regulates rights forms of procedure in the
administration of justice
CANNOT BE WAIVED CAN BE WAIVED/SUBJECT TO
AGREEMENT OF PARTIES JURISDICTION VENUE
SUPREME COURT Authority to hear & Place where the case is
– Sec 5, Art VIII par 5 provides or the rule making determine a case to be heard
power of the SC Substantive law Procedural law
– Has the sole power to amend, repeal, or establish Establishes a relation Relation bet. Plaintiff-
new rules for a more simplified & inexpensive bet. Court & Subject defendant/petitioner-
process & speedy disposition of cases Matter respondent
NATURE OF THE RULES OF COURT (ROC) Fixed by law; cannot be Conferred by the
- Are not laws, but since they were promulgated under conferred by the parties act/agreement of the
the authority of law, they have the force & effect parties
of laws CANNOT BE WAIVED CAN BE WAIVED
APPLICATION OF ROC (SEC 3, RULE 1)
- GENERAL RULE: SC, CA, Sandiganbayan, CTA, RTC, VENUE:
MTC, MeTC, MTCC CIVIL CASE CRIMINAL CASE
- EXCEPTION: when SC provides otherwise Procedural jurisdictional
Cases: Civil Case, Criminal Cases, Special Proceedings Agreed upon by the Conferred by the
Kinds of Actions: Ordinary, Special Civil Action, parties provision of law
Actions under the Rules on Summary Procedure Improper venue: motion Improper Venue: ground
COURT JUDGE to dismiss based on for motion to quash the
Tribunal clothed with the Public officer who improper venue. complaint/information on
power & authority to exercises the power of the the ground of lack of
entertain and resolve the court in the dispensation jurisdiction over the
legal disputes between the of justice offense charged
parties to carry out the Denial of Motion to Denial of Motion to
dispensation of justice in dismiss: remedy is to quash: remedy is to
accordance with law file answer within the proceed with the
Permanent status temporary remaining balance of arraignment
COURT OF LAW COURT OF EQUITY the period to file a
Decides a case accdg to Adjudicates a controversy responsive pleading,
what the promulgated law accdg to the common but in no case less
is precepts of what is right than 5 days and raised
and just without inquiring the ground as an
affirmative defense,
proceed with trial and
in case of adverse
decision appeal the
same
How to commence a Civil Action:
 A civil action is commenced by the filing of the
original complaint with the court and the payment
of a corresponding docket and legal fees

CONSTRUCTION:
 Liberal construction is proper where the lapse in
the literal observance of a rule of procedure has
not prejudiced the adverse party and has not
deprived the court of its authority
 ROP are tools designed to facilitate the
attainment of justice
 Courts may relax the application of the rules if
it result to miscarriage of justice
 Amendment of the procedural rules shall be given
retroactive application to pending actions.
 Courts may suspend the application of the rules
where matters of life, liberty, honor or property
are at stake