2. Provisional Remedies Remedial Law is that branch of law which 3. Special Civil Actions prescribes the method of enforcing rights or 4. Special Proceedings obtaining redress for their invasion 5. Criminal Procedure SUBSTANTIVE LAW AS DISTINGUISHED FROM 6. Evidence REMEDIAL LAW 7. Rules Concerning admission to the practice of law Substantive law creates, defines and regulates rights and duties regarding life, liberty or C. WHAT IS JURISDICTION? property which when violated gives rise to a cause of action. Jurisdiction – the power and authority of the court to hear, try and decide a case. Remedial law prescribes the methods of enforcing those rights and obligations created (1) Jurisdiction is the power and authority by substantive law by providing a procedural of the court to hear, try and decide a case. system for obtaining redress for the invasion of rights and violations of duties and by (2) Jurisdiction is not only the power of the prescribing rules as to how suits are filed, tried court to hear and decide cases; it includes and decided by the courts. the power to execute decisions (Secretary of Justice vs. Echegaray, 301 SCRA 96). As applied to criminal law, substantive law is that which declares what acts are crimes and (3) Jurisdiction is conferred by law based on prescribes the punishment for committing the facts alleged in the complaint since the them, as distinguished from remedial law which latter comprises a concise statement of the provides or regulates the steps by which one ultimate facts constitution. who commits a crime is to be punished. D. WHAT IS EXCLUSIVE JURISDICTION? B. WHAT ARE THE PARTS OF THE RULES OF o Power to adjudicate a case or COURT? proceeding to the exclusion of other courts at that stage RULES OF COURT o E. WHAT IS CONCURRENT JURISDICTION? Pursuant to the provisions of section 5 (5) of o Sometimes referred to as the Article VIII of the Constitution, the Supreme coordinate jurisdiction which is the Court hereby adopts and promulgates the power conferred upon different courts following rules concerning the protection and whether of the same or different ranks, enforcement of constitutional rights, pleading, to take cognizance at the state of the practice and procedure in all courts, the same case in the same or different admission to the practice of law, the Integrated judicial territories. Bar, and legal assistance to the underprivileged: S O G U I L O N, 2018
F. WHAT IS ORIGINAL JURISDICTION? i. Pre-filing. During the pre-filing stage, the
o The power of the court to take judicial dispute arises and the parties make cognizance of a case instituted for demands, try to negotiate a resolution, and judicial action for the first time under prepare for the possibility of a court action. conditions provided by law; ii. Initial pleading. During this stage, one party files papers (called a "complaint") to Original jurisdiction is where a case is filed first. start the court action, and the other party The MTC has original jurisdiction. Does the CA files some type of response (an "answer" or maybe a "motion"). also have original jurisdiction? Yes. There are iii. Discovery. During the discovery stage, both cases which are filed in the CA for the first time. sides exchange information and learn about Does the SC also have original jurisdiction? Yes. the strengths and weaknesses of the other side's case. G. WHAT IS APPELLATE JURISDICTION? iv. Post discovery/pre-trial. In this stage, the parties start preparing for trial; they get The authority of the court higher in rank to re- their evidence and witnesses in order, they examine the final order, judgment or a lower might engage in some type of settlement court which tried the case now elevated for conference, and they may file motions with judicial review the court to resolve the case or limit the Appellate jurisdiction is the authority to review, issues for trial. revise, reverse or modify decisions of a lower v. Trial. During this stage, the case is actually court. The MTC has no appellate jurisdiction. heard by the judge or a jury (which could last for a couple of hours or a couple of months, depending on the complexity of H. WHAT IS CIVIL PROCEDURE? the case); witnesses are examined, It treats of the enforcement and protection of evidence is presented, and the case is rights in civil cases. There are two kinds of civil eventually decided and a judgment entered. action: vi. Post-trial. During the post-trial stage, one or both of the parties might appeal the a) Ordinary Civil Action – collection case, judgment that was entered at trial, or the abatement of nuisance, breach of winning party might try to collect the contract. judgment that was entered. b) Special Civil Action – Quo warranto, certiorari, mandamus, prohibition, J. WHAT IS CRIMINAL PROCEDURE? declaratory relief, partition, foreclosure of mortgage, interpleader, eminent Criminal procedure is a part of remedial law domain. which provides for the apprehension, prosecution, conviction or acquittal, as the case I. DISCUSS THE STAGES OF A CIVIL ACTION. may be, of a person who is accused of having committed a crime. Stages Of A Civil Case
Most civil lawsuits can be divided into the
stages listed below: S O G U I L O N, 2018
K. WHAT IS EVIDENCE? means could not contribute for the
maintenance of justice in the future. So the It is the means sanctioned in the Rules of process of proof should be regulated by ascertaining in judicial proceeding the truth evidentiary rules and principles in order to respecting a matter of fact. achieve accelerated, fair and economic Justice. KINDS OF EVIDENCE In both criminal and civil proceedings, the law 1. Documentary Evidence – such as of evidence has a number of purposes. In short, documents, papers, or any written the law of evidence regulates the process of letter or communication. proof. The rule of civil and criminal evidence, in 2. Testimonial Evidence – oral or written conjunction with the rules of procedure, testimony or statement of a witness. establish the frame work for the process of 3. Real Evidence – That which may be proof and the conduct of litigation, so that a exhibited to or viewed by the Court lawyer advising his client or preparing his case such as the knife or gun used to kill Mr. for trial or presenting it to the court or tribunal A. will know what issues his client must prove in 4. Circumstantial Evidence – It proves a order to succeed. fact from circumstances surrounding a The law of evidence also has amoral purpose by particular incident or situation. establishing and regulating the rules relating to 5. Corroborative Evidence – Additional the process of proof in proceedings in courts evidence of the same kind tending to and tribunals. Whilst this moral dimension is prove the same fact. important in civil proceedings, it has special 6. Cumulative Evidence – Additional currency in criminal cases as it reflects the evidence of a different kind tending to powerful public interest in bringing the guilty to prove a fact. justice, whilst allowing the innocent to go free. 7. Prima Facie Evidence – Evidence In some cases the rules of evidence may sufficient to prove an issue unless actually prevent the truth from being rebutted by the other evidence. discovered in the wider public interest. 8. Expert Evidence – That given by a person who has a specialized Moreover, especially in criminal cases, law of knowledge of a particular field in evidence stands to protect the accussed's right connection with which his testimony is to affair trial for instance, by containing many requested. rules which excludes potentially relevant evidences like the general rule that evidence of L. WHAT IS THE PURPOSE OF EVIDENCE? the defendant's character and previous convictions will not be admitted at trial Evidence is the “Key” which a court needs to render a decision. Without evidence there can be no proof. Evidence provides the court with information. Proving facts through the presentation of evidence means convincing court to accept a particular version of events. Of course, one can search truth even trough violating the constitutional rights of the parties. However, evidences obtained through unlawful