Nature of Remedial Law Flashcards
(7 cards)
Definition and Scope
Remedial Law (also known as Procedural Law or Adjective Law) is the body of rules that prescribes the method of enforcing rights or obtaining redress for their invasion.
It governs the pleading, practice, and procedure in the courts of law. In the Philippines, the most significant source of Remedial Law is the Rules of Court, promulgated by the Supreme Court pursuant to its constitutional rule-making power.
Remedial Law vs. Substantive Law
Substantive Law creates, defines, and regulates rights and duties (e.g., obligations and contracts, criminal offenses, property rights).
Remedial Law supplies the mechanism for protecting and enforcing those rights. It dictates how a legal claim is brought, prosecuted, defended, tried, and adjudged in court.
Constitutional Basis
he 1987 Philippine Constitution vests in the Supreme Court the power to promulgate rules concerning pleading, practice, and procedure (Article VIII, Section 5(5)).
These rules shall not diminish, increase, or modify substantive rights; their primary role is to provide the procedural framework for the fair and orderly administration of justice.
What is Purpose of Remedial Law
Ensures the orderly, efficient, and fair adjudication of disputes in courts. Serves as an instrument to promote justice and protect rights.
It is a means or vehicle, never an end in itself.
What is the Importance of Procedure
Courts cannot enforce or protect rights unless there is a prescribed procedure.
Procedural rules foster regularity and predictability in litigation, ensuring that parties receive fair treatment (due process) and that controversies are resolved systematically.
Non-Creation of New Rights of Remedial Law
By its nature, Remedial Law does not create, alter, or extinguish substantive rights.
It dictates only the method of enforcing existing rights or addressing wrongs recognized by substantive law.
