PART I.

CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me
PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me
PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me
PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me
PART I.
CIVIL PROCEDURE
Rules 1 71

I. GENERAL PRINCIPLES

Concept of Remedial Law
Remedial Law is that branch of law which prescribes the method of enforcing righ
ts or obtaining redress for their invasion
Substantive Law as Distinguished from Remedial Law
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
Remedial law prescribes the methods of enforcing those rights and obligations cr
eated by substantive law by providing a procedural system for obtaining redress
for the invasion of rights and violations of duties and by prescribing rules as
to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts are
crimes and prescribes the punishment for committing them, as distinguished from
remedial law which provides or regulates the steps by which one who commits a c
rime is to be punished.
Rule-Making Power of the Supreme Court
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court sha
ll have the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the a
dmission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedu
re for the speed disposition of cases, shall be uniform for all courts of the sa
me grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Limitations of the Rule-making Power of the Supreme Court
(1) The rules shall provide a simplified and inexpensive procedure for the s
peedy disposition of cases
(2) They shall be uniform for all courts of the same grade
(3) They shall not diminish, increase, or modify substantive rights (Sec. 5[
5], Art. VIII, Constitution).
(4) The power to admit attorneys to the Bar is not an arbitrary and despotic
one, to be exercised at the pleasure of the court, or from passion, prejudice o
r personal hostility, but is the duty of the court to exercise and regulate it b
y a sound and judicial discretion. (Andres vs. Cabrera, 127 SCRA 802)

Power of the Supreme Court to amend and suspend procedural rules
(1) When compelling reasons so warrant or when the purpose of justice requir
es it. What constitutes and good and sufficient cause that would merit suspensio
n of the rules is discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR
159593, Oct. 12, 2006). Reasons that would warrant the suspension of the Rules:
(a) the existence of special or compelling circumstances (b) me