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REMEDIAL LAW

BASED FROM THE LECTURES OF ATTY. KIT VILLASIS


CONCEPT OF RULE-MAKING POWER OR THE
POWER TO PROMULGATE RULES
1987 CONSTITUTION
Article 8, Sec. 5.
The Supreme Court shall have the following powers:
(5). Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal
assistance to the underprivileged.
LIMITATIONS:
Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be
uniform for all courts of the same 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.

Is the power to promulgate rules still a shared


power with the Congress?
1935 and 1973 Constitution-shared power
o Before congress can enact law
abrogating or amending the rules
provided by the Supreme Court
1987-from the text of articles 6 and 8 of
constitution, it appears that it is not
anymore a shared power.
o The Congress however, passed two
laws in the nature of procedure,
namely: the witness protection
program and the 1988 speedy trial
act in Rule 115.

Echagaray v. secretary of justice


GSIS v. NAPOCOR
COOPERATIVES
o All these cases claim exemption of
docket fees. Under substantive law,
they are all exempted from the
payment of docket fees. They all
refused to pay docket fees.
Answer: SC said that notwithstanding the
provisions of substantive law, they cannot
anymore claim exemption from payment
of
docket
fees.
The
power
to
promulgate rules is a power which
exclusively belongs to the Supreme
Court. The Supreme Court has the
sole
power
and
authority
to
promulgate
rules
concerning
pleadings
Based on 2 principles
1. Separation of powers
2.Fiscal autonomy of the Judiciary

FRESH PERIOD RULE


Under rule 37, if a party receives an adverse
judgement, he/she has 15 days to file an appeal. But
what if on the eight day the party filed an MR/MNT.
MR/MNT denied. Can you still file an appeal? Yes.
Under 37, the period to file an appeal is the balance.
This was the rule until September 13, 2005.
NEYPES CASE, September 14, 2005.

REMEDIAL LAW
BASED FROM THE LECTURES OF ATTY. KIT VILLASIS

In order to standardized the period of filing


pleadings, fresh period rule was laid down.
Hence, from receipt of order denying MR/MNT,
the party has a fresh period of 15 days to file
the appeal.

Where Fresh Period rule applicable?


Rules, 40, 41, 42, 43, 45
CTA not anymore included in Rule 43, its
powers has already been expanded and
now is the same level with the Court of
Appeals. Hence, one cannot anymore
appeal decisions of the CTA to the CA
unless one intends to violate the doctrine
of judicial stability.
Criminal Caseso Judith Yu v. Hon. Rosa Samson Tatad,
Feb. 9, 2011
Even though the FPR was laid
down in a civil case, there is no
reason not to apply the same in
a criminal case.
If you check BP 129 as
amended, there is a similar
period to appeal, such that if
you fail to file an appeal under
the period. Similarly, rules 40
and 42 applies in criminal
cases.
Also it is favorable to the
accused.
Where not applicable?

Rule 65- not a mode of appeal- it is a


special civil action.
Decisions
of
Commission
on
Audit/COMELEC-no. applicable rule is rule
64 which refers to Rule 65 to the Supreme
Court, 30 days not 60 days.
o Pates v Comelec, 2009
o Fortune Life Insurance v. COA, 2015
Administrative Appealso Panolino v. CAo San Lorenzo Builders v. Maria
Cristina Bayang, april 20, 2015.
FPR applies only to a judicial
appeal. It does not apply to an
administrative appeal.
Can we give retroactive effect to the fresh
period rule?
Duarte v. Duran
Ramon Torres v. Alamat
PCI leasing inc. v pelayo
Phil estate inc.
o YES. Because there are no vested
rights in rules of procedure.
Principle of Judicial Hierarchy
Talk about certiorari, prohibition, mandamus,
habeas corpus, injunction(main action). These actions
fall within the original and concurrent jurisdiction of
the RTC, CA, and SC. You cannot go directly to the SC.
Observe hierarchy of Courts.

REMEDIAL LAW
BASED FROM THE LECTURES OF ATTY. KIT VILLASIS
Exceptions
of
the
jurisprudence:
Miyaki v. Patag

Principle

based

on

If there is a pure question of law


MAPA v SALVADOR