Skip to main content

CONCEPT OF REMEDIAL LAW

     Traditional term given to the rules which prescribe the procedures for the protection and enforcement of all claims arising from the rights and duties created by law. (Riano)
    That branch of law which prescribes the method of enforcing rights and obtaining redress for their invasion. (Bustos vs. Lucero)

Source

    The Rules of Court (ROC) do not originate from the legislature and cannot be called laws in the strict sense. However, since they are promulgated by authority of law, they have the force and effect of law, if not in conflict with the positive law.
    The rule is subordinate to the statute and in case of conflict, the statute with prevail. (Riano citing Alvero vs. Dela Rosa)

Applicability

    Shall apply in all courts except otherwise provided by the SC.(Rule 1, Sec 2 Civ. Pro.)

Prospectivity / Retroactivity

    The ROC are not penal statutes and cannot give retroactive effects. (Bermejo vs. Barrios)
However, they may be made applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. (Go vs. Sunbanon)

Prospectivity / Retroactivity

    The ROC are not penal statutes and cannot give retroactive effects. (Bermejo vs. Barrios)
However, they may be made applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. (Go vs. Sunbanon)

Substantive Law

    It is the part of law which creates, defines and regulates rights and duties regarding life, liberty and property which when violated gives rise to a cause of action. (Bustos vs. Lucero)

Labels:

Comments

Post a Comment

Popular posts from this blog

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...
Post a Comment
Read more

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...
Post a Comment
Read more

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...
Post a Comment
Read more