General Principles

Remedial Law rules which prescribe the procedure for the

protection and enforcement of all claims arising from the rights and
duties created by law.
Substantive law creates, defines and regulates rights and duties
concerning life, liberty or property (Primicias vs. Ocampo, 93 Phil
446)

Remedial law prescribes the method of enforcing the

rights and obligations created by substantive law (Bustos vs.
Lucero, 81 Phil. 640)
The Rules of Court as a whole has reference to the body of rules
governing pleading, practice and procedure promulgated by the SC
pursuant to its rule making power. Since these rules do not originate
from the Legislature, they CANNOT be called laws.

However, since they were promulgated by authority of

law, they have the force and effect of law IF not in conflict with
positive law. (Alvero vs. dela Rosa, 76 Phil 428)
Rule: Procedural law may be given retroactive effect to actions
pending and to those which are yet undetermined at the time of their
passage because NO VESTED RIGHTS in the rules on procedure.
EXCEPT:

Where the statute itself or by necessary implication

provides that pending actions are exempted from its operation;

If applying the rule to pending proceedings would impair

vested rights;

When to do so would not be feasible or would work

injustice;

If doing so would involve intricate problems of due

process or impair the independence of courts.
Rules of Court are to be observed in civil and criminal actions, special
proceedings and is applicable to all courts unless otherwise provided
by the Supreme Court
The Supreme Court has the constitutional power to promulgate rules
concerning pleading, practice and procedure. (Art. VIII, Sec. 5, par. 5 of
the 1987 Constitution)
Under the 1935 and 1973 Constitution, Congress had the power to
repeal, alter or supplement the rules of the Supreme Court concerning
pleading, practice and procedure.
However, the 1987 Constitution removed this power from
Congress, thus only the Supreme Court has the sole authority to
promulgate rules concerning pleading, practice and procedure in all
courts. (In Re: Petition for Recognition of the Exemption of the
GSIS from Payment of Legal Fees, A.M. No. 09-2-01-0, Feb. 11,
2010)

Rules of Court are not apply to:

Election cases;

Land registration cases;

Cadastral cases;
Naturalization cases;
Insolvency proceedings

However, the Rules may apply to the above cases BY ANALOGY or in

a SUPPLEMENTARY character and whenever practicable.

Liberal Construction of Rules

Liberal construction of the rules is expressed in Sec. 6, Rule 1 of
the Rules of Court.

It means that the rigid application of the Rules may be

relaxed so that the ends of justice may be better served and
that technicality or procedural imperfection should not serve as
basis of decisions (Cruz vs. CA, 476 SCRA 581, Polanco vs.
Cruz, 579 SCRA 489)
However, procedural rules must not be ignored at will to suit the
convenience of a party. A relaxation in the application of the rules was
not intended to forge a bastion for erring litigants to violate the rules
with impunity. (Republic vs. Kenrick, 498 SCRA 220)
General Rule COMPLIANCE with procedural law.

Exception: Liberal construction in the interest of justice.

e.g., decisions by default:
The Court looks with
disfavor on decisions by default. It is better to decide the case
who presented their respective evidences.

Crisostomo vs. Rudex (GR No. 176129, Aug. 24, 2011)

The petitioners filed their petition one day late due to
lawyers secretary failing to report for work. The SC
declared that a one-day delay DOES NOT justify dismissal
of petition.
Aguam vs. CA (332 SCRA 784) The SC declared that the
Court of Appeals was correct in dismissing the appeal for
failure to file appellants brief on time.
Siguenza vs. CA. 642 SCRA 570) the SC stressed higher
interest of justice to relax the Rules.
Reinoso, Sr. vs. CA, GR No. 116121 A liberal construction
on the payment of docket fees was adopted.
Pilotin vs. La Salett College failure to pay docket fees on
time merits dismissal of appeal.
Reinoso case: The case arose out of a collision of a
passenger jeep and a truck resulting in the death of a
passenger. The trial court rendered judgment in favor of
the heirs of the deceased passenger. On appeal the Court
of Appeals reversed the decision of the lower court and
dismissed the complaint on the ground of non-payment of
docket fees even if not raised as an issue.

The Supreme Court suspended the strict application of the rules so that
the petitioners would be able to fully and finally prosecute their claim
on the merits at the appellate level rather than fail to secure justice on
a technicality. The general objective of procedure is to facilitate the
application of justice to the rival claims of the contending parties,
bearing in mind that procedure is not to hinder but to promote the
administration of justice.

Law and Equity

Reyes vs. Lim, 408 SCRA 560

In an action to annul a contract of sale of a parcel of land,

the buyer moved for the court to order the seller to deposit in
court the amount initially given to the seller as consideration for
the land to prevent the dissipation of the amount paid. The
seller opposed the motion because deposit is not among the
provisional remedies mentioned in the rules of court. The SC
allowed the deposit even if not mentioned as a provisional
remedy. This is an example of a hiatus in the Rules and in
the law. If the hiatus is left alone, it will result in unjust
enrichment in favor of the seller at the expense of the buyer. It
may also imperil the obligation of restitution, a precondition in
the annulment of a contract.

COURTS
The Judicial Power is vested in one Supreme Court and in such lower
courts as may be established by law.
Courts are judicial tribunals in the administration or dispensation of
justice.
A court is a body in the government to which the public administration
of justice is delegated.

KINDS OF COURTS
Constitutional Court a court which is created by the Constitution
itself. Only the Supreme Court is the constitutional court (Art. VIII,
Constitution)
The Sandiganbayan is a constitutionally mandated court. Its creation
was mandated by Sec. 5, Art. VIII of the 1973 Constitution which
ordered the National Assembly to create this special court.
The Sandiganbayan has jurisdiction over criminal and civil cases
involving graft and corrupt practices and such other offenses
committed by public officers and employees, including those in
government owned or controlled corporations IN RELATION TO THEIR
OFFICE as may be determined by law.
Statutory Courts are those courts created by the legislature.

B.P. 129, as amended created the Court of Appeals, the

Regional Trial Courts, the Metropolitan Trial Courts, and the
Municipal Trial Courts.

R.A. 1125 as amended by R.A. 9282 created the Court of

Tax Appeals.

R.A. 8639 created the Family Courts

Superior Courts (or courts of general jurisdiction) take cognizance

of all kinds of cases whether civil or criminal, except those assigned to
special courts and courts of limited jurisdiction, and possess the power
of review or supervision over lower courts.
Inferior Courts (or courts of special or limited jurisdiction) take
cognizance only of certain specified cases only.
Court of Original jurisdiction those courts where a case is
originally filed.
Appellate Court those courts where a case is reviewed.
Courts of Record those that keep a record of all their proceedings.
(All courts in the Philippines are courts of record RA 2693 as
amended)
JURISDICTION
It is the power or authority to try and decide a case. It is the authority
of the court to entertain a particular kind of action or to administer a
particular kind of relief.
The question of jurisdiction is the primary question that a court must
decide. If the court has no jurisdiction over the subject matter, it has
no business hearing the case. The only power it has is to dismiss it.
Jurisdiction is classified based on its nature:
General Jurisdiction the power to hear and decide all cases except
those expressly withheld from the plenary power of the court; Special
or limited jurisdiction which restricts the courts jurisdiction only to
particular cases and subject to such limitations as may be provided by
law.
Original jurisdiction to hear and decide a case instituted for judicial
action for the very first time under conditions provided by law.
Appellate jurisdiction is the authority of the court higher in rank to reexamine the final order or judgment of a lower court which tried the
case now elevated for judicial review.
Exclusive jurisdiction is the power to adjudicate a case or
proceeding to the exclusion of all other courts at that stage; while
concurrent (or confluent or coordinate jurisdiction) is 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. (see below)
B.P. Blg. 129 has eliminated concurrent original jurisdiction between
trial courts of different ranks.
B.P. Blg. 129 provides for concurrent original between the SC and
either the CA or the RTC or among all three courts in certain cases. Ex:
SC with CA in petitions for issuance of writs of certiorari, prohibition
and mandamus against RTC; with the CA and the RTC over the same
petitions against the inferior courts; and with the RTC in actions
affecting ambassadors, other public ministers and consuls.
Also under BP 129, delegated jurisdiction is provided for, i.e., the grant
of authority to inferior courts to hear and decide cadastral and land

registration under certain conditions (Sec. 34), or issue writs of habeas

corpus of application of bail when no RTC judges are present.
Territorial jurisdiction refers to geographical area within which its
powers can be exercised. (Very important in criminal cases wherein
territory vis--vis the locus of the crime determine the venue of the
case and the jurisdiction of the court; and in civil cases, the venue of
real or mixed actions.)
Note that the Supreme Court and Court of Appeals have national
jurisdiction. The RTCs have regional jurisdiction; and inferior courts
have such territorial jurisdiction as defined by the Supreme Court.