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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)

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