The 1997 Rules of Civil Procedure 2001 Edition < DRAFT COPY; Pls.

check for errors >

CIVIL PROCEDURE PROPER

Civil Procedure Proper

Laws are classified as either Remedial or Substantive Law. Remedial Law is also known as Adjective or Procedural Law. REMEDIAL LA vs. S!"S#A$#I%E LA

&' Distin(uish Remedial law from Substantive law) A' S!"S#A$#I%E LA is that branch of the law which creates* defines and re(ulates ri(hts. +"ustos vs. Lucero* ,- Phil. ./01 "allentine2s Law Dict.* 3nd.* 44. ..* -0356 Like the 7ivil 7ode* the ri(hts of children* husband and wife* creditor and debtor are all found there. REMEDIAL LA is that branch of law which 4rescribes the method of enforcin( ri(hts or obtainin( redress for their invasion. +Ibid) E8am4le of Remedial Law is the Rules of 7ourt. So a ri(ht is useless unless 9ou enforce it. And the manner of enforcin( ri(hts is now 4rescribed b9 remedial law. Like in civil cases* m9 nei(hbor borrowed from me but until now* des4ite several demands* he refused to 4a9. !nder the law on :bli(ations and 7ontracts* I have the ri(ht to collect. "ut how do I collect) Is it b9 writin( a letter to the jud(e* ;Dear <ud(e=>) or Is it b9 callin( him on the 4hone) I?te8t ko ka9a) Di 4uwede 9an@ #here must be a 4rocedure. #hat is where the 7ivil 7ode leaves 9ou behind and that is where the Rules of 7ourt will take over. So the 3 laws (o hand in hand. #hat is what the S7 said in the -AA3 case of DE DIOS vs. COURT OF APPEALS 3-3 S7RA B-A C-AA3D 7ruE* J. FELD' #he 3 laws have a s9mbiotic relationshi4. #he9 (o hand in hand G one su44orts the other. #he9 are not anta(onistic towards each other. ;Procedural rules are desi(ned to insure the orderl9 and e84editious administration of justice b9 4rovidin( for a 4ractical s9stem b9 which the 4arties to a liti(ation ma9 be accorded a full and fair o44ortunit9 to 4resent their res4ective 4ositions and refute each otherHs submissions under the 4rescribed reIuirements* conditions and limitations. Adjective law is not the counterfoil of substantive law. In fact* there is a s9mbiotic relationshi4 between them. "9 com4l9in( faithfull9 with the Rules of 7ourt* the bench and the bar are better able to discuss* anal9Ee and understand substantive ri(hts and duties and conseIuentl9 to more effectivel9 4rotect and enforce them.> ASPE7#S :J REMEDIAL LA &' Kive the two +36 as4ects of Remedial Law. A' #here are 3 as4ects of Remedial Law' -.6 P!"LI7 ASPE7# G one which affords a remed9 in favor of the State a(ainst the individual +e.(. criminal 4rocedure6 or in favor of the individual a(ainst the State +e.(. habeas cor4us6 on the other hand* 3.6 PRI%A#E ASPE7# G one which affords a remed9 in favor of an individual a(ainst another individual* like the rules on civil 4rocedure. +Kamboa2s Introduction to Phili44ine Law* .th Ed.* 44. AL?AA6 BRIEF HISTORY OF THE LAW ON CIVIL PROCEDURE IN THE PHILIPPINES #he ori(in of our law on 4rocedure is American. Jor(et the law on 4rocedure durin( the S4anish re(ime. "ut the first known ancestor of the law on 7ivil Procedure was the old Act -A0* otherwise known as the 7ode of 7ivil Procedure* which was enacted on Au(ust L* -A0- b9 the !nited States and Phili44ine 7ommission. And that was the law until -A/0 because on <ul9 0-*-A/0 the S7 enacted the Rules of 7ourt which we now call the :ld Rules of 7ourt. #hat continued for another 3/ 9ears until <anuar9 0-* -A./ when the S7 enacted the Revised Rules of 7ourt re4ealin( the :ld Rules of 7ourt. And that continued for another 55 9ears until <ul9 0-*-AAL where the S7 enacted and which took effect on that da9 +<ul9 0-* -AAL6 the $ew Rules on 7ivil Procedure. S!MMARM' -.6 Jirst Law G Au(ust 0L* -A0- G Act -A0 G 7ode of 7ivil Procedure +/0 9ears6 3.6 Second Law G <ul9 0-* -A/0 G :ld Rules of 7ourt +3/ 9ears6 5.6 #hird Law G <anuar9 0-* -A./ G Revised Rules of 7ourt +55 9ears6 49

The 1997 Rules of Civil Procedure 2001 Edition < DRAFT COPY; Pls. check for errors >
/.6 Jourth Law G <ul9 0-* -AAL G $ew Rules of 7ivil Procedure. SOURCES OF THE !!" RULES OF CIVIL PROCEDURE

Civil Procedure Proper

ell of course the sources are almost the same as the 4rior law. #he old Rules of 7ourt is also a source. Man9 4rovisions were taken from the -A./ Rules* substantive law like the 7ivil 7ode and juris4rudence. And of course S7 circulars. Man9 circulars are now incor4orated under the new rule. So those are the main sources. -.6 3.6 5.6 /.6 S:!R7ES' Previous Rules of 7ourt1 <uris4rudence1 $ew 7ivil 7ode1 S7 7irculars RULE#$A%IN& POWER OF THE SUPRE$E COURT #he Rules of 7ourt +-A/0* -A./* -AAL6 have all been enacted b9 the S7. It is law* not enacted b9 7on(ress but enacted b9 the S7. &' hat is the authorit9 of the S7 to enact a law when actuall9 the role of the judiciar9 is onl9 to inter4ret the law) Is this not a violation of the se4aration of 4owers) A' #he authorit9 of the S7 in enactin( the 4rior rules and the 4resent rules is what 9ou call its rule ?makin( 4ower which 4rovision was found in the -A5B* -AL5 and -A,L 7onstitutions. "ased on the 4resent law* the rule?makin( 4ower of the S7 is e84ressed in Article %III* Section B* 4ara(ra4h CBD which is substantiall9 the same as the -A5B and -AL5 7onstitutions. :nl9 ever9time the9 amend the 7onstitution* it is (ettin( lon(er and lon(er. "ut the 4ertinent 4ortion which has not been chan(ed is that the S7 ;shall have the 4ower to 4romul(ate rules on 4leadin(* 4ractice and 4rocedure.> #hat is the authorit9 of the S7 in enactin( the Rules of 7ourt. "ut 9ou should know also the limitations. LI$ITATIONS TO THE RULE#$A%IN& POWER OF THE SC #he 7onstitution has also 4laced limitations on these 4owers. As currentl9 worded* one limitation 4rovided for b9 the Article is ;the rules of 4rocedure to be enacted b9 the S7 shall 4rovide for a sim4lified and ine84ensive 4rocedure for the s4eed9 dis4osition of cases.> #he second one is' ;the rules shall be uniform for all courts of the same (rade.> And the third is' ;the rules shall not diminish* increase or modif9 substantive ri(hts.> LIMI#A#I:$S ' -. 3. 5. #he Rules of 7ourt shall 4rovide a sim4lified and ine84ensive 4rocedure for the s4eed9 dis4osition of cases1 #he Rules of 7ourt shall be uniform for all courts of the same (rade1 and #he Rules of 7ourt shall not diminish* modif9 or increase substantive ri(hts.

Substantive ri(hts are created b9 substantive law so the Rules of Procedure should not increase* diminish or modif9 them. In effect* the Rules of 7ourt should not amend the substantive law. It can onl9 inter4ret substantive law but should not chan(e it com4letel9. #hose are the limitations. ith that we are now read9 to tackle the -AAL rules on civil 4rocedure.

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