BAR Q & A PRACTICE – REMEDIAL LAW

1. Remedial law is the branch of public law which prescribes rules to be observed in litigation,
whether civil, criminal or administrative and special proceedings, as well as the remedies
available in each case.
2. Remedial laws are implemented in our system of government through the pillars of the judicial
system, including the prosecutorial service, our courts and quasi judicial agencies.
3. Rules of court should be liberally construed in order to promote their objective of securing a
just, speedy and inexpensive disposition of every action and proceeding.
4. Substantive law deals which creates, defines and regulates rights and obligations, the violation
of which gives rise to a cause of action. On the other hand, remedial law prescribes the method
of enforcing rights or obtaining redress for their invasion.
5. The Doctrine of Hierarchy of Courts states that when there is concurrence of jurisdiction of
courts over a particular action, there is an order of sequence for recourse beginning from the
lowest to the highest. A direct invocation of the Supreme Court’s original jurisdiction should be
allowed only when there are special and important reasons.
6. The harmless error rule in relation to appeal provides that the appellate court should not
reverse the decision of the lower court if there are errors which does not substantially affect the
rights of the parties.
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