REMEDIAL LAW

a. What is remedial law?

- REMEDIAL LAW is that branch of law which prescribes the method of enforcing rights or
obtaining redress for their invasion [Bustos vs. Lucero, 81 Phil. 640]. It is also known as
Adjective Law.
b. What are the parts of the rules of court?
c. What is jurisdiction?
- JURISDICTION is the power to hear and decide cases [Herrera vs. Baretto & Joaquin, 25
Phil.245]. It is the power with which courts are invested with the power of administering
justice, that is, for hearing and deciding cases. In order for the court to have authority to
dispose of a caseon the merits, it must acquire jurisdiction over the subject matter and the
parties [Republic Planters Bank vs. Molina, 166 SCRA 39].
d. What is exclusive jurisdiction?
- Exclusive jurisdiction refers to power of a court to adjudicate a case to the exclusion of all
other courts. It is the sole forum for determination of a particular type of case. Exclusive
jurisdiction is decided on the basis of the subject matter dealt with by a particular court
- power to adjudicate a case or proceeding to the exclusion of all other courts at that stage.
e. What is concurrent jurisdiction?
- The jurisdiction is said to be concurrent when two or more different courts possess the
authority to hear and decide on the same matter within the same territory.
- 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.
f. What is original jurisdiction?
- power of the court to take judicial cognizance of a case instituted for judicial action for the
first time under conditions provided by law.
g. What is appellate jurisdiction?
- authority of a court higher in rank to re-examine the final order or judgment of a lower
court which tried the case now elevated for judicial review.
h. What is civil procedure?
- Civil procedure is the body of law that sets out the rules and standards that courts follow
when adjudicating civil lawsuits.
i. Discuss the stages of a civil action.
j. What is criminal procedure?
- Criminal procedure is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense and for their punishment, in case of
conviction
k. Discuss the stages of a criminal action.

RULE 110. Prosecution of Offenses

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose of conducting the requisite preliminary
investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and
other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws. (1a)

l. What is evidence?
Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)
m. What is the purpose of evidence?
Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to
induce belief in its existence or non-existence. Evidence on collateral matters shall not be
allowed, except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue. (4a)