REMEDIAL LAW – is a branch of law which prescribes the method of enforcing the rights and

obtaining redress for their invasions.

REMEDIAL STATUTE – refer to the Statutes relating to remedies or modes of procedure, which
do not create new or take away vested rights, but only operate in furtherance of the remedy or
confirmation of rights already existing, do not come within the legal conception of a retrospective
law, or the general rule against the retrospective.
NATURE OF REMEDIAL LAW – procedural in character, does not vest or create substantive
rights and has the force and effect of a law.
MECHANICS OF DUE PROCESS OF REMEDIAL LAW:
•​ A court or tribunal clothed with judicial power to hear and determine the matter before it;
•​ Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceeding;
•​ The defendant must be given an opportunity to be heard; and
•​ Judgement must be rendered upon lawful hearing.
PROCEDURAL LAW - adjective law which prescribes rules and forms of procedure in order
that courts may be able to administer justice.
•​ Procedural laws do not come within the legal conception of a retroactive law, or the
general rule against the retroactive operation of statues they may be given retroactive effect on
actions pending and this will not violate any right of a person who may feel that he is adversely
affected, insomuch as there are no vested rights in rules of procedure.
NATURE AND PURPOSE OF PROCEDURAL RULES
•​ Procedural rules are not to be disdained as mere technicalities. They may not be ignored
to suit the convenience of a party and for effective administration of justice.
•​ Ensures the effective enforcement of substantive right through orderly and speedy
administration of justice.
•​ Rules are not intended to hamper litigants or complicate litigation but they help to
provide fo a vital system of justice where suitors may be heard following judicial procedure and
in the correct forum.
DISTICTION BETWEEN SUSTANTIVE LAW AND PROCEDURAL LAW
•​ SUBSTANTIVE LAW- creates, defines and regulates rights. It cannot be waived.
Enacted by the Congress. It may be given retroactive application.
•​ PROCEDURAL LAW – prescribes the rules and forms of procedure in the administration
of justice. Can be waived or subjects to agreement of the parties. Promulgated by the Supreme
Court pursuant to its Rule making power. Shall be given prospective application.
The power to promulgate rules of procedure is solely lodged with the Supreme Court under Sec.
5, Par. 5, Art. VIII of the 1987 Constitution. The Supreme Court has a sole power to amend,
repeal or even establish new rules for more simplified and inexpensive process, and the speedy
disposition of cases.
Procedural law can be given retroactive application as long as it does not violate of the rights of
person affected and it is not constitutionally objectionable. Statues and rules regulating the
procedure of courts are considered applicable to action pending and unresolved at the time of
their passage.
FRESH-PERIOD RULE – is a procedural law as it prescribes a fresh period of 15 days within
which an appeal may be made in the event that the motion for reconsideration is denied by the
lower courts.
The Fresh-Period Rule should be applied to pending actions, such as the present case in order
to avoid injustice in the parties.
Judicial power is lodged with the judicial courts (Supreme Courts and lower under Sec. 5, Art.
VIII, par. 1 of the 1987 Constitution.
DIFFERENT COURTS EXERCISING JUDICIAL POWER
•​ CONSTITUTIONAL COURT – established by the constitution.
o​ Supreme Court
•​ STATUTORY COURT – established by law.
o​ Court of Appeals
o​ Sandiganbayan
o​ Court of Tax Appeals
o​ Shari’ah Appellate Court
o​ Reginal Trial Court
o​ Family Court
o​ Shari’ah District Court
o​ Metropolitan Trial Court, Metropolitan Circuit Trial Court, Municipal Circuit Trial Court
o​ Shari’ah Circuit Court
TRIBUNAL COURT are existing under the customs and traditional of an indigenous cultural
community and are not part of the Philippine Judicial System and they are merely conciliatory
and advisory.
MILITARY COMMISSIONS OR TRIBUNAL JUDICIAL COURTS is not a court of law and does
not form part of the judicial system and process. They are agencies of executive character. But
the Supreme Court may exercise its supervision or correcting power over court-martial
proceeding when jurisdictional errors are involved or when there is grave abuse of discretion.
They cannot try or exercise jurisdiction over civilians for offenses allegedly committed by them
as long as the civil courts are open and functioning, in that so, any judgement rendered by such
body relating to a civilian is null of void for lack of jurisdiction. The word “inferior courts” as
provided for in Sec. 2, Art. VIII, of the Constitution does not refer to Court-Martial or Military
Courts.
JURISDICTION (jus-law and dicere-declare) – the power of the court to hear and determine a
cause of action presented to it, the power of a court to adjudicate the kind of case before it, the
power of the court to adjudicate a case when the proper parties are before it, and the power of
the court to make the particular decision, it is asked to render. Power of the court to hear and
decide cases and to execute the judgement.
Jurisdiction is vested in court and not in the judge. Allegation in the complaint and the principal
relief sought determines the jurisdiction.
CLASSIFICATION OF JURISDICTION
•​ GENERAL – the power of the courts to adjudicate all controversies except those
expressly withheld form the plenary powers of the court. It extends to all controversies which
may be brought before the court within the legal bounds of rights and remedies.
o​ RTC is a court of general jurisdiction because all cases, the jurisdiction of which is not
specifically provided by the law to be within the jurisdiction of other tribunal falls within the
jurisdiction of the RTC. Even if the RTC is designated as Special Commercial Court still it has
general jurisdiction and can entertain all action/issues not withheld from its plenary powers and
its designation is only a matter of procedure.
•​ SPECIAL OR LIMITED - one which restricts the court’s jurisdiction only to particular
cases and subject to such limitations as may be provided by the governing law. It is confined to
particular causes, or which can be exercised only under the limitations and circumstances
prescribe by the statute.
o​ PROBATE COURT is of limited jurisdiction. It acts on matters pertaining to the state but
never on the rights to property arising from the contract. It approves contracts entered into for
and on behalf of the estate or the heirs to it but this is by fiat of the Rules of Court. Any
agreement other than the judicially approved compromise agreement between the parties was
outside the limited jurisdiction of the probate court.
COURT OF SPECIAL JURISDICTION – Sandiganbayan, Court of Tax Appeals, Shari’ah
Appellate Court, Reginal Trial Court, Family Court, Shari’ah Circuit Court and Metropolitan Trial
Court, Metropolitan Circuit Trial Court, Municipal Circuit Trial Court.
•​ ORIGINAL - the power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under the condition provided by law.
COURT OF SPECIAL JURISDICTION - Supreme Court, Court of Appeals, Sandiganbayan,
Court of Tax Appeals, Shari’ah District/Circuit Court Metropolitan Trial Court, Metropolitan Circuit
Trial Court, Municipal Circuit Trial Court and Shari’ah Circuit Court.
•​ EXCLUSIVE – power or authority of the court to hear and determine cases to exclusion
of all other courts.
•​ EXCLUSIVE ORIGINAL - The power of the court to take judicial cognizance of a case
instituted for judicial action for the first time under the condition provided by law, and to
exclusion of all other courts.
COURT OF SPECIAL JURISDICTION - Supreme Court, Court of Appeals, Sandiganbayan,
Court of Tax Appeals, RTC, Shari’ah District/Circuit Court Metropolitan Trial Court, Metropolitan
Circuit Trial Court, Municipal Circuit Trial Court and Shari’ah Circuit Court.
•​ APPLELLATE – the power and authority conferred upon a superior court to rehear and
determine causes which have been tried in lower courts, the cognizance which a superior court
takes of a case removed it, by appeal or writ of error, from the decision of a lower court, or the
review by a superior court of the final judgement or order of some lower court.
COURT OF SPECIAL JURISDICTION - Supreme Court, Court of Appeals, Sandiganbayan,
Court of Tax Appeals, Shari’ah Appellate Courts, RTC and Shari’ah Circuit Court.
Original and appellate jurisdiction ere exclusive of each other which must be conferred by law.
One odes not flow from, nor inferred from, the other.
•​ CONCURRENT/ COORDINATE/ CONFLUENT – the power conferred upon different
courts, whether of the same or different ranks, to take cognizance at the same stage of the
same case in the same or different judicial territories.
•​ DELEGATED – grant of authority to inferior court to hear and determine cadastral and
land registration cases under certain condition.
COURT OF SPECIAL JURISDICTION - Metropolitan Trial Court, Metropolitan Circuit Trial
Court, Municipal Circuit Trial Court
•​ TERRITORIAL – the power and authority to exercises its power within its judicial region.
RESIDUAL POWER/ JURISDICTION OF THE COURT – prior to the transmittal of the original
records of the case to the CA, the RTC may issue orders for the protection and preservation of
the rights of the prevailing party. Sec. 9, Rule 41 of the Rules explains that the court origin loses
jurisdiction over the case only upon the perfection of the appeal filed in due time by the
appellant and the expiration of the time to appeal of the other parties.
DOCTRINE OF PRIMARY JURISDICTION – courts must refrain from determining controversy
involving a question which is within the jurisdiction of the administrative tribunal prior to its
resolution by the latter, where the question demands the exercise of sound administrative
discretion requiring the special knowledge, experience and services of the administrative
tribunal on technical and intricate matters of fact. It may occur that the Court has jurisdiction to
take cognizance of a particular case, which means that the matter involved is also judicial in
character. Relief must first be obtained in an administrative proceeding before a remedy will be
supplied by the court.
The objective is to guide a court in determining whether it should refrain from exercising its
jurisdiction until after an administrative agency has determined some question or some aspect
of some question arising in the proceeding before the court.
Acts and decision of the court is null and void if it is in violation of doctrine of primary jurisdiction.
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY – no court
interfere by injunction with the judgement or order of another court of concurrent jurisdiction
having the power to grant the relief sought by injunction. The rationale for the rule is founded on
the concept of jurisdiction over its judgement, to the exclusion of all other coordinate courts, for
its execution and over all its incidents, and to control, in furtherance of justice, the conduct of
ministerial officers acting in connection with the judgement.
HIERARCHY OF COURTS – a direct resort to a higher court will not be allowed, unless the
remedy is first availed of at the lower court, except in cases of special and compelling reasons.
That hierarchy is determinative of the venue of appeals, and also serves as general determinant
of the appropriate forum for petitions for extraordinary writs. A direct invocation of the Supreme
Court’s original jurisdiction to issue these writs should be allowed only when there are special
and important reason therefor, clearly and specifically set out in the petition.
LACHES – failure or neglect, for an unreasonable and unexplained length of time, to do that
which, by exercising due diligence, could or should have been done earlier; it is negligence or
omission to assert a right within a reasonable time, warranting the presumption that the party
entitled to assert it either has abandoned or declined to assert it.
Estoppel by laches had already precluded the party-litigant from raising the question of lack of
jurisdiction on appeal after participating in the trial and receiving an adverse decision, except
most exceptional cases.
DOCTRINE OF ESTOPPEL BY LACHES / EQUITABLE ESTOPPEL – the active participation of
the party against whom the action was brought, coupled with his failure to object to the
jurisdiction of the court or administration body where the action is pending, is tantamount to an
invocation of that jurisdiction and willingness to abide by the resolution of the case and will bar
the said party from later on impugning the court or the body’s jurisdiction.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES – the thrust of the rule is that
courts must allow administrative agencies to carry out their functions and discharge their
responsibilities within the specialized areas of their respective competence. If a remedy within
the administrative machinery can be resorted to by giving the administrative officer every
opportunity to decide on a matter that comes within his jurisdiction, then such remedy must be
exhausted first before the court’s power of judicial review can be sought. Absent any finding of
waiver or estoppel, the case may be dismissed for lack of cause of action. However, it must be
clarified that the aforementioned doctrine is not absolute as it is subject to certain exceptions,
one of which is when the question involved is purely legal and will ultimately have to be decided
by the courts of justice.
MAIN OBJECTIVE OF PAYMENT OF FILLING/ DOCKET FEES – the court acquires jurisdiction
over the case only upon the payment of the said fees. The rule on payment of docket fees be
construed in a liberal interpretation of the rule by allowing a late payment of the docket fee as
long as it should not be made beyond action’s prescription period.
In order for judgement to be valid, it must be rendered by a court having jurisdiction over the
following:
•​ Over the subject matter of the action – the power to hear and determine the general
class to which the proceedings in question belongs. Basic is the rule that jurisdiction over the
subject matter is determined by the cause or causes of action as alleged in the complaint.
Jurisdiction over such action are to be determined from the material allegations of the complaint,
the law in force at the time the complaint is filed, and the character of the relief sought.
Jurisdiction is not affected by the pleas or the theories set up by the defendant in an answer to
the complaint or a motion to dismiss the same. The averments in the complaint and the
character of the relief sought are the matters to be consulted. Cannot be bestowed upon the
court by the voluntary act or agreement of such parties. But the determination of whether or not
a court may assume jurisdiction over a case for a subject matter that by law is within its ambit is
made ny simply looking at the mere allegations of the complaint.
•​ Over the parties
•​ Over the issues
•​ Over the case
•​ Over the res or thing