GENERAL PRINCIPLES
A. SUBSTANTIVE LAW VS. REMEDIAL LAW:
SUBSTANTIVE LAW REMEDIAL LAW
Creates, defines and regulates rights Prescribes the methods of enforcing the
and duties concerning life, liberty and rights and obligations created by
property and a violation of which gives substantive law by providing for a
rise to a cause of action procedural system for obtaining
redress for the invasion of a right and
violation of a duty and laying the rules
as to how suits are filed, tried and
decided upon by the courts
B. RULE MAKING POWER OF THE SC:
The SC shall have the power to promulgate rules concerning:
Protection and enforcement of constitutional rights
Pleadings and practice
Admission to the practice of law, integrated bar and legal assistance to the
underprivileged
Procedure in all court
Limitations in the rule making power:
The rules shall provide for:
Simplified and inexpensive procedure for the speedy disposition of cases
Uniform in all courts of the same grade
Shall not diminish, increase or modify substantive rights
Power of the SC to amend and suspend procedural rules:
The SC has the power to amend, repeal or establish new rules for a simplified and
inexpensive procedure for the speedy disposition of cases
Power to suspend the procedural rules:
The court may suspend or relax rules of procedure or except a case from its operation
when compelling circumstances so warrant or when justice requires it
C. Nature of Philippine Courts:
1. Meaning of a court: It is the organ of the government belonging to the judicial
department the function of which is the application of laws to controversies
brought before it and the orderly administration of justice
2. Court vs. Judge:
Court Judge
Jurisdiction attaches to the court. The
continuity of the court and efficacy of
its proceedings are not affected by the
death, resignation or cessation from
service of the judge
Has a personality separate and
distinct from the judge
Office Officer of the court
Tribunal assembled under authority Officer of such tribunal
of law
3. Classification of court:
Constitutional court: Created by the Constitution: Refers to the SC
Statutory court: Created by law other than by the Constitution: Refers to other
courts other than the SC
4. Courts of original jurisdiction vs. appellate jurisdiction:
Original Jurisdiction Appellate Jurisdiction
Actions are originally filed with it Has the power to review the decisions
of a lower court
5. Courts of general and special jurisdiction:
General Jurisdiction Special Jurisdiction
Has competence to decide in their own A court clothed with special powers for
jurisdiction and may take cognizance of the performance of specified duties
all cases, civil or criminal, of a
particular nature.
Also include courts which has the
authority to exercise jurisdiction over
cases not falling within the jurisdiction
of a court, tribunal, body or person
exercising judicial or quasi-judicial
functions
6. Courts with exclusive jurisdiction vs. concurrent jurisdiction:
Exclusive Jurisdiction: Concurrent Jurisdiction:
Jurisdiction is possessed by a court to the The power of different court to take
exclusion of others cognizance of the same subject
matter. The court first taking
cognizance of the case assumes
jurisdiction to the exclusion of others
7. Principle of Judicial Hierarchy:
Observed in cases when courts have concurrent jurisdiction over a subject
matter
Must first be filed with the lowest court possible having appropriate jurisdiction
unless there is a special reason that would allow a direct resort the next higher
court
When the doctrine of hierarchy of court may be disregarded:
When there are special, compelling and important reasons allowing a party to
directly resort to a higher court
When dictated by public policy for the advancement of public welfare
When required by the interest of justice
‘When the orders are patent nullity
8. Principle of judicial stability/Doctrine of non-interference:
Bars a court from interfering with the judgments of a co-equal court over which
it has no appellate jurisdiction or power of review
9. Doctrine of continuity of jurisdiction:
Once a court acquires jurisdiction over a case, such court retains jurisdiction
until it finally disposes of the case
