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Notes in Remedial Law Review

The document provides an introduction and overview of the history and principles of remedial law in the Philippines. It discusses how the Spanish system was replaced by the American system through various general orders and acts from 1900 to 1935. It notes the introduction and revisions of the Rules of Court in 1940, 1964, 1985, 1988, 1989 and 1997 relating to civil procedure, criminal procedure and evidence. It outlines the objectives of procedure to facilitate justice and notes that the Rules of Court were promulgated by the Supreme Court under the Constitution. It discusses what cases the rules do not apply to and how the rules should be liberally construed while exceptions exist for time limits. It characterizes the rules as procedural in nature.

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168 views2 pages

Notes in Remedial Law Review

The document provides an introduction and overview of the history and principles of remedial law in the Philippines. It discusses how the Spanish system was replaced by the American system through various general orders and acts from 1900 to 1935. It notes the introduction and revisions of the Rules of Court in 1940, 1964, 1985, 1988, 1989 and 1997 relating to civil procedure, criminal procedure and evidence. It outlines the objectives of procedure to facilitate justice and notes that the Rules of Court were promulgated by the Supreme Court under the Constitution. It discusses what cases the rules do not apply to and how the rules should be liberally construed while exceptions exist for time limits. It characterizes the rules as procedural in nature.

Uploaded by

hisuka211
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NOTES IN REMEDIAL LAW REVIEW

BY
ALFREDO R. CENTENO
Asst. City Prosecutor & Deputized Ombudsman Prosecutor
Professor in Remedial Law Review, Evidence, Criminal Law
Criminal Procedure and Labor Law Review
College of Law St. Louis University
Baguio City

PART ONE

INTRODUCTION AND GENERAL PRINCIPLES

A. Brief History of Remedial Law in the Philippines:

Our remedial law system or laws of procedure were of Spanish origin. The Americans later
changed this when our American System of Criminal Procedure was introduced by virtue of the
promulgation of General Order No. 58 on April 23, 1900. The said General Order amended our
Criminal Code of procedure. On August 7, 1901, At No. 190 (Code of Civil Procedure) was enacted.
This law repealed all laws on the matter. General Orders No. 58 and Act 190 constituted our
principal remedial laws until the effectivity of the 1935 Constitution.

The 1935 Cnstitution repealed the same as statutes but was declared as the Rules of Court.
They were again superseded by the Old Rules of Court, which took effect on July 1, 1940. The Old
Rules of Court was superseded by the New Rules of Court, which took effect on January 1, 1964
(Remedial Law Review by Jaime R. Nuevas, 1971)

The 1964 New Rules of Court has undergone changes since then. On January 1, 1985, the
Rules of Court on Criminal Procedure was introduced. In 1988, the Rules on Criminal Procedure
underwent another amendment. On July 1, 1989, the Revised Rules on Evidence took effect and
on July 1, 1997, Rules of Civil Procedure was likewise introduced and became effective. Note
under the latter rules of civil procedure, perpetuation of testimony (Rule 134 of the Rules on
Evidence) has been transposed to Part 1 of the Rules of Court on Depositions and Discovery.
Subsequently, the Rules on Criminal Procedure underwent a major revision and the same became
effective on December 1, 2000.

Object of Procedure

To make the powers of the courts fully and completely available for justice. It aims to facilitate
the application of justice to the rival claims of contending parties and not to hinder or delay the
administration of justice (MRR vs Attorney General, 20 Phil. 523)

By whom and under what authority were the Rules of Court promulgated?

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court. (Art. VIII, Sec. 5 (6).

When Rules of Court not applicable, cases:

The rules shall not apply to the following cases, registration cases, cadastral cases; election
cases; naturalization cases; insolvency proceedings; other cases not provided in the rules except in a
suppletory character and whenever practicable and convenient. (Rule 143; see also Sec. 4, Rules 1)

Rules of Civil Procedure, how construed:

It shall be liberally construed in order to promote their objective of securing a just, speedy
and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1)

Exceptions: provisions prescribing the time within which certain acts must be done; or certain
proceedings taken, are considered indispensible to the prevention of needless delays and to the
orderly and speedy disposition of judicial business. (Alvero vs de la Rosa, 76 Phil 428; Conlu vs. CA
Jan. 29, 1960)

Characterization of out Rules of Court

The Rules of Court is procedural in nature. Hence it must be construed not to supplant or defeat
substantive rights of the parties in litigation. Its purpose is to put in order the litigation of rights and not
establish new rights where none exist. (See constitutional limitations on the rule making power if the
Supreme Court.)

May the rules of court be waived?

Rules laid down for the convenience of the parties, such as rules on venue may be waived. But
rules adopted in the interest of speedy administration of justice may not be waived. (Valdez vs. Ocumen
L-13526, Jan. 29, 1960.)
B. . VIII, Sec.

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