1.

substantive and procedural laws

 Substantive law is that part of the law which creates rights concerning life, liberty or
property, or the powers of instrumentalities for the administration of public affairs
(Primicias vs. Ocampo, 81 Phil. 650).
 Procedural law refers to the adjective laws which prescribe rules and forms of
procedure in order tha t courts may be able to administer justice (Lopez vs. Gloria, 40
Phil. 33). Substantive law creates, defines and regulates rights, as opposed to "adjective
or remedial law" which prescribes the method of enforcing the rights or obtaining
redress for thei r invasion (Black's Law Dictionary, 6th Ed., p. 1429; citations omitted).
 Procedure is the mode of proceeding by which a legal right is enforced, as
distinguished from the law which gives or defines the right, and which, by means of the
proceeding, the court is to administer. This term is com monly opposed to the sum of
legal principles constituting the substance of the law, and denotes the body of rules,
whethe r of practice or pleading, whereby right s are effectuated throug h the
successful application of the proper remedies (op. cit., pp. 1367-1368; id.)
 In determinin g whethe r a rule prescribed by th e Suprem e Cour t abridges , enlarge s
o r modifies an y substantive right, th e tes t i s whethe r the rule really regulates
procedure , tha t is, the judicial process for enforcing rights and duties recognized by
the substantive law and for justly administering remedy and redress for a disregard or
infraction of them. If the rule takes away a vested right, it is not procedural. If the rule
creates a right, such as the right to appeal, i t may be classified as a substantive matter ;
but if it operates as a means of implementing an existing right, then the rule deals
merely with procedure (Fabian vs. Desierto, etc., et al., G.R. No. 129742, Sept. 16,
1998).
 I t is, therefore, the natur e and the purpose of the law whic h d e te r m i ne s wh eth e
r i t i s s ub st ant i v e or procedural, and not its place in the statute or its inclusion in a
code. Thus, for instance, Arts. 539 and 1674 of the Civil Code and Sec. 85, R.A. 296
provided injunctive rules in ejectment cases in the trial and appellate stages, but these
have been properly incorporated with modifications as Secs. 8 and 9, respectively, of
Rule 70 of the 1964 Rules of Court (now, Sec. 15 of revised Rule 70). These subsequent
amendatory provisions on injunctions were proper since the mere fact tha t those
provisions on in• junctions were formerly included in a substantive statute or code does
not convert the m into or detract from the fact tha t they are procedural laws, contrary
to common misimpression.
 In fact, ther e are many such procedural rules found in the Civil Code or, for tha t
matter, in other codes or basically su bs ta nti v e laws bu t they do not thereby lose
their character as procedural laws. This matte r is being clarified and emphasized here
in view of the Constitutional provision tha t the rules which the Supreme Court is
authorized to promulgate shall not diminish, increase or modify substantive rights (Sec.
5 [5], Art. VIII, 1987 Constitution). The improbable position tha t a clearly procedural
provision becomes a substantive law by the mere fact tha t it is included in a
compilation, codification or statutory enactmen t of s u b s t a nt i v e rights , althou g h
only t o indicat e th e remedia l complemen t for th e enforcemen t thereof, would
 effectively subvert the Constitutional intent and diminis h th e scope and exten t of th e
rul e -maki n g power of the Supreme Court

2.sec5(5) Article VIII of constitution

 "Sec. 5. The Supreme Court shall have the following powers: J U R I SD I C T I O N O F TH
E S U P R E M E COUR T U N D E R TH E 198 7 C O N S T I T U T I O N (1) Exercise original
jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
Rules of Court may provide, final judgment s and orders of lower courts in:
(a) All case s i n whic h th e co n s t i t ut i o n al i t y or validit y of an y treat y , i n te r n a
ti o n a l or exe• cutive a gr e em e n t , law, p re s i d e n ti a l decree , proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
 (3) Assign temporarily judges of lower courts to other station s a s publi c in tere s t ma y
require . Suc h temporary assignment shall not exceed six months without the consent
of the judge concerned.
 (4) Order a change of venue or place of trial to avoid a miscarriage of justice.
 (5) Promulgat e rule s concerning the protection and enforcemen t of co ns tit uti ona l
rights , pleading , practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged. 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 substantiv e rights . Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court. (6) Appoint all officials
and employees of the Judiciary in accordance with the Civil Service Law."
3.Constitutional courts and statutory courts
 Constitutional courts: Those which owe their creation and existence to the Constitution
and, therefore, cannot be legislated out of existence or deprived by law of the
jurisdiction and powers unqualifiedly vested in them by the Constitution. The Supreme
Court and the Sandiganbayan are the only courts specifically provided for in the
Constitution. With regard to the latter, the bette r view i s tha t th e S a n di ga n b a ya n
i s only a constitutionall y-mandate d court since, although its existence is provided for
in the Constitution, its creation was by statutory enactment.
 Statutory courts: Those created, organized and with j u r i s d ic t i o n exclusivel y dete
rmi ne d by law. Accordingly, all othe r courts in the Philippines are statutory courts.
4. BP 129 the judiciary reorganization act of 1980
 THE JUDICIARY REORGANIZATION ACT OF 1980 ORGANIZATION
 1. The Judiciary Reorganization Act of 1980 (Batas Pambansa Blg. 129) took effect upon
its approval on August 14, 1981 (Sec. 48). However, the transitory pro• vision (Sec. 44)
 declared tha t its provision s "shall immediatel y be carrie d out in accordanc e wit h an
Executive Order to be issued by the President . The Court of Appeals, the Courts of Firs t
Instance , th e Circuit Criminal Courts, the Juvenil e and Domestic Relations Courts, the
Courts of Agrarian Relations, the City Courts, the Municipal Courts and the Municipal
Circuit Courts shall continue to function as presently constituted and organized until the
completion of the reorganization provided in this Act as declared by the President. Upon
such declaration, the said courts shall be deemed automatically abolished and the
incumbents thereof shall cease to hold office. The cases pending in the old Courts shall
be transferred to the appropriate Courts constituted pursuan t to this Act, together with
the pertinent functions, records, equipment, property and the necessary personnel."
The constitutionality of this Act was upheld by the Suprem e Court en banc, with one
dissent, in De la Liana, et al. vs. Alba, et al. (G.R. No. 57883, Mar. 12, 1982).
 2. . Th e Cour t of Appeal s wa s replace d by th e Intermediate Appellate Court
consisting of a Presiding Justice and 49 Associate Appellate Justices, which shall sit in 10
divisions each composed of 5 members, except only for th e purpos e of exercisin g ad m
i ni s t r a ti ve , ceremonial or other non-adjudicatory functions in which instances it
may sit en banc (Secs. 3 and 4). J U D I C I A R Y R E O R G A N I Z ATI O N AC T O F 198 0
However, under Executive Order No. 33 (July 28,1986), amendin g B.P. Blg. 129, th e
Cour t of Appeal s wa s re - created , consisting of a Presidin g Justic e an d 50 Associate
Justices , which shal l exercise its powers , functions and duties through 17 divisions,
each composed of 3 members . It may sit en banc for the purpos e of exercising
administrati ve , ceremonia l or othe r nonadjudicatory functions (Secs. 3 and 4, as
amended). A majority of the actual members of the Court shall constitute a quorum for
its sessions en banc. Three (3) members shall constitute a quorum for the sessions of a
division. The unanimous vote of the three members of a division shall be necessary for
the pronouncement of a decision or final resolution, which shall be reached in
consultation before the writing of the opinion by any member of the division. In the
event tha t the thre e members do not reach a unanimous vote, the Presiding Justice
shall request the Raffle Committee of the Court for the designatio n of two additiona l
Justice s to sit temporarily with them, forming a special division of five member s and th
e concurrenc e of a majority of such division shall be necessary for the pronouncement
of a decision or final resolution. The designation of such additiona l J ustice s shal l be
mad e strictl y by raffle (Sec. 11, as amended). Executive Orde r No. 33 repeale d Sec. 8
of B.P. Blg. 129 which had provided for grouping of divisions to handle specific classes of
cases (Sec. 4). It further provided tha t the ter m "Intermediate Appellate Court,
Presiding Appellate Justic e and Associate Appellate Justice(s)" used in B.P. Blg. 129 or in
any other law or executive order shall hereafter mean Court of Appeals, Presiding
Justice and Associate Justice(s), respectively (Sec. 8). Additionally, effective February 2,
1997, B.P. Blg. 129 was furthe r ame nde d by R.A. 8246 (Appendix G), pursuant to which
the Court of Appeals shall consist of 32 a Presiding Justice and 68 Associate Justices, and
shall be composed of 23 divisions of 3 members each, with the first 17 divisions
stationed in Manila, the 18th to 20th divisions in Cebu City, and the 21st to 23rd
divisions in Cagayan de Oro City.
  3. The Courts of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic
Relations Courts and the Courts of Agrarian Relations have been integrated into the
Regional Trial Courts for each of the 13 Judicial Regions which replaced the former 16
Judicial Districts, each Regional Trial Court to consist of the number of branches
provided in Section 14 of the Act.
 4. The city courts and municipal courts in the National Capital Judicial Region have been
merged into a Metropolitan Trial Court of Metro Manila and were converted into
branches thereof (Sec. 27). The Supreme Court shall constitute other Metropolitan Trial
Courts in such other metropolitan areas as may be established by law and whose
territorial jurisdiction shall be co• extensive with the cities and municipalities comprising
such metropolitan area (Sec. 28).
 5. The city courts in other cities which do not now or hereafter form par t of a
metropolitan area shall be known as Municipal Trial Courts, with the corresponding
number of branches (Sec. 29), and the municipal courts, whether of an ordinary
municipality or of a capital of a province or sub-province but not comprised within a
metropolitan area and a municipal circuit, shall likewise be known as Municipal Trial
Courts with th e corre• sponding number of branches (Sec. 30). The municipal circuit
courts shall be known as Municipal Circuit Trial Courts and the Supreme Court may
further reorganize the same (Sec. 31).
 6. Excepted from the coverage of the Act are the Suprem e Cour t an d th e S a n di ga n
b a ya n , bu t thes e JU D I C I A R Y R E O R G A N I Z ATI O N AC T O F 198 0 courts have
been affected by the jurisdictional changes introduced therein. The provisions of the
Judiciary Act of 1948 (R.A. 296, as amended), R.A. 5179, as amended, the Rules of Court
an d all othe r statutes , letter s of i n s t r u ct i o n s an d ge ne ra l order s o r pa rt s
thereof, inconsistent with the provisions of this Act are repealed or modified
accordingly.
 7. No mention is made of the Court of Tax Appeals since the Act is basically on the
matter of jurisdictional changes. However, appeals from its judgments or final orders,
which used to be governed by R.A. 1125, were later required to be taken to the Court of
Appeals pursuan t to Revised Administrative Circular No. 1-95 of the Supreme Court,
which thereafter was adopted as Rule 43 of these revised Rules. See, however, the more
recent changes in R.A. 9282 (Appendix CC).
5. 1997 revised rules on civil procedure which took effect on july 1,1997
https://lawphil.net/courts/rules/civil.html

6. hierarchy of courts

As a matter of policy, direct resort to the Supreme Court will no longer be entertained unless the redress
cannot be obtained in the appropriate lower courts, and exceptional and compelling circumstances, such
as in the case of involving national interest and those of serious implications, justify the availment of the
extraordinary remedy of the writ of certiorari, calling for the exercise of its primary jurisdiction. (Yee vs.
Bernabe, 487 SCRA 385 [2006]).
 

The doctrine states that where courts have concurrent jurisdiction over a subject matter, a case
mustbe filed before the lowest court possible having the appropriate jurisdiction. The principle
of hierarchy ofcourts requires that recourse should be made to the lower courts before they are
made to the highercourts. The exceptions to this doctrine are as follows:
1)Where there are special and important reasons clearly stated in the petition;
2)When dictated by public welfare and the advancement of public policy;
3)When demanded by the broader interest of justice;
4)When the challenged orders are patent nullities
5)When analogous exceptional and compelling circumstances call for and justify the
immediateand direct handling by the Court [Republic v. Caguioa, G.R. No. 174385 (2013)
7. stages in civil action
The main stages in civil proceedings are:
(1) the filing of the complaint, issuance of summons and exchange of other operative pleadings,
which generally takes three to six months;
(2) referral to two-stage mediation, pre-trial and discovery, which could take six months to one
year;
(3) trial proper, which, depending on the complexity of the case, number of witnesses and other
exigencies, could take anywhere from six months to three years; and
(4) rendition of judgment, which could take from six months to two years. While the ROC
prescribes periods for both litigants and the court throughout the process, these are very
seldom observed in view of docket congestion and general inefficiencies of Philippine courts.

There are expedited trial procedures for small claims cases and summary proceedings. Small
claims cases involve payment of money where the value of the claim does not exceed
PhP200,000, exclusive of interest and costs. Summary procedure is applied in all other civil
cases, except probate proceedings, where the total amount of the claim does not exceed
PhP100,000 or PhP200,000 depending on the territorial jurisdiction of the court. 1.4 What is
your jurisdiction’s local judiciary’