SUBSTANTIVE VS REMEDIAL

Substantive gives light to remedial law. It creates, defines and

regulates rights and duties concerning life, liberty or property,
which when violated gives rise to a cause of action. (ex.
Statutes, RA, Parents should support their children, it is the
right of the children to receive support). Remedial law exist
because they lay down the law, the process of making the rights
substantive law into something that’s actually useful for people.
Remedial law is a body of law that offers ways and means for
bringing claims, righting wrongs, and obtaining remedy.
*remedial law does not create vested right. Can have
retroactive effect during pending proceedings because there is
no vested rights in procedural law pero di pwede if it will be
injustice in one of the parties.
*liberally construed – in order to promote the objectives
however, the exemption is the timeline, forum shopping, and
service of summon.
*SC promulgates the Rules of Court
*objective of the rules of court can be found in the constitution.
1. It should be inexpensive and simple, 2. Respect of
substantive rights 3. Speedy disposition 4. Uniformity among
the courts
*who implements remedial law in the system of government –
SC and executive like the DOJ
*Under art 8, sec 5, par. 5 of the 1987 Constitution, or the rule
making power, the Supreme Court have the following powers:
1. Promulgate rules concerning the protection and
enforcement of constitutional rights;
2. Promulgate rules on pleading, practice, and procedure in all
courts;
3. Promulgate rules to the admission to the practice of law;
4. Promulgates rules concerning the integrated bar; and
5. Promulgate rules regarding the 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.
*no other court can promulgate the rules aside from the
Supreme Court ONLY.
*the right to join an association also has the right not to join the
association
*Congress has the right to modify… and should observe
separation of power.
*can the SC suspend the rules? yes. the rule is not absolute
excempt
The parties have to comply with the rules exempt when the SC
suspend the rules
*concurrent jurisdiction –
*a case of first impression
SOURCES OF REMEDIAL LAW:
 CONSTITUTION
 BP 129
 RULES OF COURT
 SC CIRCULARS
 ADMIN. ORDERS
 INTERNAL RULES
 JURISPRUDENCE
SUPREME COURT -> COURT OF APPEALS -> RTC -> MTC or
SUPREME COURT -> APPELATE COURT -> COURT OF APPEAL
COURTS (1ST AND 2ND LEVEL)
Rule making power of the SC - This power includes the
duty to settle actual controversies involving rights that are
legally demandable and enforceable and to determine if
any branch or instrumentality of government has acted
with grave abuse of discretion amounting to lack of excess
of jurisdiction.
JURISDICTION – has the legal authority to hear, try and decide
a case
*latter part of the civil procedure
*jurisdiction over subject matter is conferred by law and is
determined by substantive law.
In the Philippines, our courts are “both courts of law and of
equity”
GENERAL RULE: The parties must comply to the rules of procedure
XCP: when the SC suspend the application of the rules
DOCTRINE OF PRIMARY JURISDICTION— The courts will not
resolve a controversy involving a question which is within the
jurisdiction of an administrative tribunal.
*ADMINISTRATIVE TRIBUNALS are authorities outside the
ordinary court system makes decisions in disagreements between two
people or between a person and a government department
-CONTINUITY OF JURISDICTION - In view of the principle that
once a court has acquired jurisdiction, that jurisdiction continues until
the court has done all that it can do in the exercise of that jurisdiction.
This principle also means that once jurisdiction has attached, it cannot
be ousted by subsequent happenings or events, although of a character
which would have prevented jurisdiction from attaching in the first
instance. The court, once jurisdiction has been acquired, retains that
jurisdiction until it finally disposes of the case
- Even the finality of the judgment does not totally deprive the court of
jurisdiction over the case. What the court loses is the power to amend,
modify or alter the judgment. Even after the judgment has become final,
the court retains jurisdiction to enforce and execute it (Echegaray vs.
Secretary of Justice), except in the case of the existence of a law that
divests the court of jurisdiction.and execute it)
Elements of a valid exercise of jurisdiction
(1) Jurisdiction over the subject matter or nature of the case;
(2) the parties;
(3) the res if jurisdiction over the defendant cannot be acquired;
(4) the issue of the case; and
(5) Payment of docket fees.
*DOCTRINE OF HEIRARCHY OF COURT – lower courts must
decide on a case before it reaches the higher courts.
IMPORTANCE: Pursuant to the doctrine of hierarchy, direct resort from
the lower courts to the Supreme Court will not be entertained unless the
appropriate remedy cannot be obtained in the lower tribunals.
*if violated the case will be dismissed because it violates jurisdictional
grounds and due process
EXPN:
1. First, a direct resort to this court is allowed when there are genuine
issues of constitutionality that must be addressed at the most
immediate time.
2. A second exception is when the issues involved are of
transcendental importance. In these cases, the imminence and
clarity of the threat to fundamental constitutional rights outweigh
the necessity for prudence.
3. Third, cases of first impression warrant a direct resort to this court.
In cases of first impression, no jurisprudence yet exists that will
guide the lower courts on this matter.
4. Fourth, the constitutional issues raised are better decided by this
court.
5. Exigency in certain situations would qualify as an exception for
direct resort to this court.
6. he filed petition reviews the act of a constitutional organization
7. [there is] no other plain, speedy, and adequate remedy in the
ordinary course of law
*SC is not a trial of facts dapat wala ng factual issues. When you file a
case in SC you should talk about the law, not the facts
DOCTRINE OF NON INTERFERENCE OR DOCTRINE OF
JUDICIAL STABILITY
- Co-equal courts cannot interfere with each other
- Hence, a Regional Trial Court has no power or authority to nullify
or enjoin the enforcement of a writ of possession issued by another
Regional Trial Court.
ORIGINAL JURISDICTION OF VARIOUS PHIL. COURTS
- SC is both an original and appellate court, same with CA and RTC, but
MTC is 100% original court because there no cases appealed to it.
ASPECT OF JURISDICTION:
 OVER PARTIES – is the power to to render a personal
judgement through the service of process or by voluntary
appearance of a party during the progress of a cause which will
bind the parties to the case. By arrest, service of the warrant of
arrest, and by voluntary surrender.
* When a party receives summons from an officer of the court, it is
traditionally believed that such party has been made to perceive the
seriousness and consequences of the pending legal action and the
importance of participating in the court proceedings. At the same time,
such party's right to due process is respected.
*plaintiff - Jurisdiction is acquired by filing a complaint and paying of
fees.
*defendant – received the complaint and summon to the court
* Jurisdiction over the persons of the parties is acquired by their
voluntary appearance in court and their submission to its authority,
or by the coercive power of legal process exerted over their persons.
Exemption:
1. if you appeared via special appearance
 2. objections to the jurisdiction of the court over the person of the
defendant must be explicitly made, i.e., set forth in an unequivocal
manner
3. Failure to do so constitutes voluntary submission to the jurisdiction
of the court, especially in instances where a pleading or motion
seeking affirmative relief is filed and submitted to the court for
resolution
* In criminal cases, jurisdiction over the person of an accused is
acquired upon either his apprehension, with or without warrant, or his
submission to the jurisdiction of the court.
*WHO CAN BE A PARTY?
Under Rule 3 Sec 1 of Rules of Civil Procedure,
natural person - has physical existence
juridical person – legal entity recognized under law as having legal
rights and obligations. Corporations, partnerships, the state are examples
entities AUTHORIZED BY the law – example are estate of deceased,
labor organizations, dissolved corporation
*INDESPENSABLE PARTY - a party who has such an interest in the
controversy or subj matter that a final adjudication cannot be made, in
his absence, without injuring or affecting his interest. If there is an
absence in the IP then, the case will be dismissed.
NECESSARY PARTY – his interest in the controversy is seperable.
*JOINDER - the joining together of several lawsuits or several parties
all in one lawsuit, provided that the legal issues and the factual situation
are the same for all plaintiffs and defendants. EX: BREACH OF
CONTRACT + ASSAULT
*CLASS SUIT
- An action where one or more may sue for the benefit of all if the
requisites for said action are complied with.
- Requisites:
a) subject matter: common or general interest to many persons
-not commonality in the questions of facts or law involved in the issue.
But commonality in the subj matter ( physical things, personal/ real)
b) persons- too numerous that it is impracticable to join all as parties
c) parties actually before the court are sufficiently numerous and
representative as to fully protect the interest of all concerned.
d) the representative sue or defend for the benefit of all.

 OVER SUBJECT MATTER – is determined from the allegations

in the complaint. is the power of the court to hear and determine
cases of the general class to which the proceedings in question
belong. It is a jurisdiction over the nature of the action. This is
acquired by law and not by consent or submission of the parties.
The jurisdiction can be determined by the cause of action.
*cannot be waived and cannot be subject to stipulation, enlarged
and diminished
*DISMISSED PAG WALANG JURISDICTION
WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT
MATTER?
1. Nature of the offense
2. Authority of the court to impose the penalty imposable given the allegation in
the information
3. Territorial jurisdiction of the court imposing the penalty
*JURISDICTION OVER THE SUBJECT MATTER CANNOT BE
CONFERRED BY:
(1) Administrative policy of any court;
(2) Court’s unilateral assumption of jurisdiction;
(3) Erroneous belief by the court that it has jurisdiction;
(4) By contract or by the parties;
(5) By agreement, or by any act or omission of the parties, nor by
acquiescence of the court; or
(6) By the parties’ silence, acquiescence or consent
* What is an Ejectment Suit? It is a suit or action to recover
possession.
 RES - Jurisdiction over the res refers to the court’s jurisdiction
over the thing or the property which is the subject of the
action. Jurisdiction over the res (thing or property) is acquired by
the court over the property or thing in contest, and is obtained by
seizure under legal process of the court. This may result either
from the seizure of the thing under legal process whereby it is
brought into actual custody of law, or institution of legal
proceedings whereby the power of the court over the thing is
recognized and made effective.
*actual and constructive (rem and personam)
Jurisdiction over the res is acquired by:
(1)Custodia legis—placing the property or thing under the court’s
custody (e.g., attachment)
(2)Statutory authority—statute conferring the court with power to
deal with the property or thing within its territorial jurisdiction
(3)Summons by publication or other modes of extraterritorial
service (Rule 14, Sec. 15)
 ISSUE – Jurisdiction over the issues in Civil Law is conferred by
the pleadings or express consent of the parties. An issue tried but
not duly pleaded may be decided upon if no timely objection is
made by the parties. In certain cases, as in probate proceedings,
jurisdiction over the issues is conferred by law.
*can be subject to stipulation
Jurisdiction over the issue may be conferred or determined by:
(1) Examination of the pleadings (the written statements of the
respective claims and defenses of the parties submitted to the
court for appropriate judgment)— Generally, jurisdiction over the
issues is determined by the pleadings of the parties.
(2) Pre-trial— It may be conferred by stipulation of the parties in
the pre-trial, as when they enter into stipulations of facts and
documents or enter into an agreement simplifying the issues of the
case (Rule 18, Sec. 2)
(3) Waiver— Failure to object to presentation of evidence on a
matter not raised in the pleadings. Said issues tried shall be treated
as if they had been raised in the pleadings.
 REMEDIES - The most basic jurisdiction to the Supreme Court
and such other courts as may be created by law is the power and
duty to settle actual controversies involving rights which are
legally demandable and enforceable.

JURISDICTION VS EXERCISE OF JURISDICTION

-Jurisdiction is the authority to decide a case and not the decision
rendered. The latter is where there is a jurisdiction over the person
and subject matter. The trial and judgement are all part of the exercise
of jurisdiction.
 ERROR OF JURISDICTION VS ERROR OF JUDGEMENT
-Jurisdiction happen when a court took over a case it has no
jurisdiction over and is reviewable by certiorari. Judgement happen
when a competent court commits error in the exercise of such
authority to hear the case and is reviewable by appeal.
* Certiorari is the means by which a higher court orders a lower court
to deliver to it a case record for review of the lower court's decision.
*Sa error of judgement kahit mali yung judgement valid pa den
JURISDICTION VS VENUE
- Jurisdiction is the authority to hear and determine a case and it is
fixed by law and cannot be conferred by the parties, while venue is
the place where the case is to be heard or tried and may be conferred
by the act or agreement of the parties.
- Venue is the place where the action is triable, whether real or
personal. It relates to the place of trial. It touches more of
convenience of the parties rather than the substance of the case. It is
procedural and not substantive.
Venue of Real Actions (Rule 4, Sec. 1): The venue of real actions is
the court which has jurisdiction over area where property or any part
thereof is located.

What are real actions? They are actions affecting title to property,
or where plaintiff seeks recovery of real property, or one affecting
title to real property.
JURISDICTION OVER CASES COVERED BY BARANGAY
CONSILIATION - all disputes between parties actually residing in
the same city or municipality are subject to barangay conciliation.
*rule on expedited procedure in the first level courts
SMALL CLAIMS CASES - Small claims courts are courts of
limited jurisdiction that hear civil cases between private litigants. This
can be filed in Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court and Municipal Circuit Trial
Courts. Since this is a civil case, it must be filed in the city
* These are civil claims which are exclusively for the payment or
reimbursement of a sum of money not exceeding P400,000.00 or
P300,000.00, depending on the venue of the claim.
*example: Case to collect money from a person who owes you money
(debtor), Case to collect unpaid rental payments from a lessee
* The purpose of a small claims process is to provide a simpler and a
more inexpensive and expeditious means of settling disputes
involving purely money claims.
* A small claims action is commenced by filing with the court an
accomplished and verified Statement of Claim in duplicate,
accompanied by a Certification of Non-Forum Shopping, Splitting a
Cause of Action and Multiplicity of Suits and two (2) duly certified
photocopies of the actionable document/s subjects of the claim, as
well as the affidavits of witnesses and other evidence to support the
claim. No evidence shall be allowed during the hearing which was not
attached to or submitted together with the Claim, unless good cause is
shown for the admission of additional evidence.
SUMMARY PROCEDURE (RTC) - Civil cases covered by the rule
on summary procedure now consist of:
1) forcible entry and unlawful detainer cases;
2) civil actions and complaints for damages where the claims do
not exceed ₱2,000,000.00;
3) cases for enforcement of barangay amicable settlement
agreements and arbitration award where the money claim
exceeds ₱1,000,000.00;
4) cases solely for the revival of judgment of any first level court;
and
5) the civil aspect of violations of Batas Pambansa Blg. 22 (BP
22), if no criminal action has been instituted.
Provisions on the evidentiary nature of pleadings, filing and service,
and pre-trial from the 2019 Amendments have likewise been adopted,
unless inconsistent.
*example: Violations of traffic laws, rules and regulations, Violations
of the rental law, All other criminal cases where the penalty
prescribed is imprisonment not exceeding six (6) months, or fine not
exceedint P1,000, or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom,
provided, that in offenses involving damage to property through
criminal negligence, RSP shall govern where the imposable fine does
not exceed P10,000.
* The Rules on Summary Procedure does not apply to a civil case
where the plaintiff‘s cause of action is pleaded in the same complaint
with another cause of action subject to the ordinary procedure; nor to
a criminal case where the offense charged is necessarily related to
another criminal case subject to the ordinary procedure.
Rule 1-39