Article on the Concept of Remedial Law

Dear Reader,

In the 2006 Bar Examination, it was asked, what is the concept of remedial law?  Another way of understanding this question is basically knowing that it is simply asking its definition.  When we read exams its important to take a step back and understand what it is asking.  The answer to this is that remedial law is a branch of public law, which prescribes the procedural rules to be observed in litigation, whether the case be civil, criminal, or administrative, and in special proceedings, as well as the remedies or reliefs available of each case.  The importance of remedial law is that it has a vital role in the administration of justice because it lies at the very core of procedural due process.  What is  procedural due process?  Well this is a law that  hears before it condemns,  proceeds upon inquiry and renders judgment only after trial.  You may be asking what does this mean?  Well it contemplates an opportunity to be heard before judgment is rendered .  Remedial law is also known as adjective law. It provides for means and ways that actions can be effectuated.  In that sense, there is no vested rights and retroactive in its application. The body which is empowered to promulgate rules of procedure is the Supreme Court.

When we speak of procedural law, it means that this is the  judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for their disregard or infraction. What is important to consider is that  If the rule takes away a vested right, it is not procedural. If the rule creates a right such as the right to appeal, it may be classified as substantive matter; but if it operates as a means of implementing an existing right, then the rule deals merely with procedure (Fabian v. Desierto, G.R. No. 129742, Sept. 16, 1998).  Another question that came up in the 2006 Bar examinations was how remedial law is implemented in our system of government.  Well, since the Supreme Court has express powers as a judiciary to make the rules of procedure, obviously it would be implemented through the judicial system, its prosecutor service, or through quasi judicial agencies.  Earlier it was mentioned that the Supreme Court has express powers to formulate rules of procedure.  With this in mind, the same has limitations such that in making those rules, the rules must provide a simple and inexpensive procedure for  the speedy disposition of cases, be uniform in all the courts of the same grade, and not diminish, increase or modify substantive rights. The Supreme Court may also amend or suspend the rules of procedure in the interest of justice.

The next topic will be on court and jurisdiction.