I. GENERAL PRINCIPLES-A. Concept Of Remedial Law Or Procedural Law Flashcards
(23 cards)
What is the definition of Remedial Law?
Remedial Law consists of the body of legal rules that govern the procedural framework through which rights are enforced in courts or other legal forums.
How does Remedial Law differ from Substantive Law?
Substantive Law defines and regulates rights, duties, and obligations, while Remedial Law prescribes the method of enforcing those rights.
What is the purpose of Remedial Law?
Ensures orderly, fair, and expeditious administration of justice.
What constitutional power does the 1987 Philippine Constitution grant?
The power to promulgate rules of pleading, practice, and procedure is vested in the Supreme Court.
What are the principal bodies of rules governing court proceedings?
Rules of Court, Supreme Court Issuances, Legislative Acts, Jurisprudence.
What is the general rule regarding the retroactivity of Procedural Laws?
Procedural laws or amendments generally have retroactive application.
What is the exception to the retroactive application of Procedural Laws?
When the retroactive application would impair vested rights or cause an injustice.
What does ‘Liberal Construction’ of the Rules of Court entail?
The Rules of Court shall be liberally construed to promote fair, speedy, and inexpensive disposition of actions.
What is the significance of the principle of Res Judicata in Procedural Law?
It safeguards the principle of finality of judgments, ensuring litigation must end once a decision attains finality.
True or False: Litigants can assert vested rights in procedural rules.
False.
What must remedial rules always honor according to due process guarantees?
The constitutional right to due process, which includes notice and the opportunity to be heard.
Fill in the blank: Procedural rules are designed to curb delays in the _______ of cases.
[speedy disposition]
What are some key considerations in drafting pleadings?
Compliance with form, substantive compliance, stating material facts clearly, raising pertinent defenses.
What is the consequence of filing in the wrong venue or court lacking jurisdiction?
It leads to dismissal.
What does the term ‘forum shopping’ refer to?
The practice of filing actions or pleadings in different courts, which lawyers must avoid.
What is the role of administrative agencies in relation to the Rules of Court?
Many administrative agencies adopt or mirror procedures found in the Rules of Court.
What is the expectation for lawyers regarding good faith pleadings?
Attorneys are expected to follow procedural rules and deadlines diligently.
What are the implications of non-compliance with procedural rules?
Defective pleadings can be dismissed, and sanctions may be imposed on lawyers for frivolous suits.
What is the importance of observing prescriptive and reglementary periods?
Failure to act within the prescribed period generally results in waiver of rights or default.
What is the significance of the case Echegaray v. Secretary of Justice?
It highlighted the Supreme Court’s exclusive rule-making power in matters of procedure.
What does the term ‘good faith’ imply in the context of legal ethics?
It implies that lawyers must uphold honesty and integrity in their legal practice.
What are examples of Special Civil Actions?
- Certiorari
- Prohibition
- Mandamus
- Quo Warranto
- Interpleader
- Declaratory Relief
What does the principle of ‘public policy’ in procedural rules reflect?
It reflects that litigation should be resolved efficiently and predictably.
