Review on Remedial Law

as Applicable to the PNP

RLDDD
 Substantive law
 Creates,
defines, and regulates rights and duties
concerning life, liberty, or property the violation of
which gives rise to a cause of action. [Bustos v.
Lucero, G.R. No. L-2068 (1948)]
 Remedial law
 Lays down methods by which the rights and
obligations arising from substantive law are protected,
enforced, and given effect. [Bustos v. Lucero, G.R. No.
L2068 (1948)]
Salient Points

 Note: Procedural rules are not laws, for they are

promulgated by the Supreme Court in their rule-
making capacity under the Constitution and do not
originate from the legislative [Alvero v. Dela Rosa,
G.R. No. L-286 (1946)]. However, procedural rules
have the force and effect of law, if not in conflict
with positive law, since procedural rules are
subordinate to statute. [Inchausti & Co v. De Leon,
G.R. No. 7887 (1913)]
 Rule-Making
Power of the
Supreme Court
Sec. 5(5), Art. VIII of the
Constitution provides that:
a. The SC shall have the power to promulgate rules concerning:
 1. The protection and enforcement of constitutional rights,
 2. Pleading, practice, and procedure in all courts,
 3. Admission to the practice of law,
 4. The Integrated Bar, and
 5. Legal assistance to the underprivileged.

b. Rules of procedure of special courts and quasi-judicial bodies shall remain

effective unless disapproved by the Supreme Court.

The SC has the sole prerogative to amend, repeal, or even establish new rules
for a more simplified and inexpensive process, and the speedy disposition of
cases. [Neypes v. CA, G.R. No. 141524 (2005)] Note that the power to
establish procedural rules is no longer shared by the SC with Congress.
Limitations on the Rule-Making
Power of the Supreme Court
 The rules of procedure promulgated by the
SC must: a. Provide a simplified and
inexpensive procedure for speedy disposition
of cases, b. Uniform for all courts of the
same grade; and c. Not diminish, increase or
modify substantive rights.
Power of the SC to Amend and
Suspend Procedural Rules
 General rule: COMPLIANCE
 Compliance with procedural rules is the general rule, and abandonment
thereof should only be done in the most exceptional circumstances. [Pilapil
v. Heirs of Briones, G.R. No. 150175 (2007)]
 Exception: AMENDMENT OR SUSPENSION
Basis for the SC’s power to amend or suspend its rules: 1. Rule-Making
power vested by the Constitution, and 2. Sec. 5(g) of Rule 135: Every court
shall have power to amend and control its process and orders so as to make
them conformable to law and justice.
The power of the SC to suspend its own rules or to exempt a particular case
from its operation whenever the purposes of justice require it, cannot be
questioned. Substantial rights must reign supreme over technicalities.
Reasons which would warrant
suspension of the Rules include:
 1. Presence of special and compelling circumstances,
 2. The merits of the case,
 3. A cause not entirely attributable to the fault or negligence of the party favored by
the suspension,
 4. A lack of any showing that the review sought is merely frivolous or dilatory,
 5. A showing that the rights of the other party will not be unjustly prejudiced by the
suspension, [Sarmiento v. Zaratan, G.R. No. 167471 (2007)]
 6. Transcendental matters of life, liberty or state security, [Mindanao Savings and
Loan Association v. Vda. De Flores, G.R. No. 142022 (2005)]
 7. To relieve a litigant of an injustice commensurate with his failure to comply with
prescribed procedure, or [Cu-Unjieng v. CA, G.R. No. 142022 (2005)] 8. Where
substantial and important issues await resolution. [CIR v. Mirant Pagbilao Corp., G.R.
No. 159593 (2006)
 Nature of Philippine Courts

 a. Meaning of a Court
A court is an organ of government belonging to the judicial
department, the function of which is the application of the
laws to controversies brought before it as well as the public
administration of justice. It is also the place where justice is
administered [1 Riano 65, 2014 Bantam Ed., citing Black’s Law
Dictionary, Am. Jur. and C.J.S.]
b. Distinguish: Court vs. Judge
Classification of Philippine Courts
 a. Supreme Court
 b. Court of Appeals
 c. Regional Trial Courts
 d. Metropolitan Trial Courts
 e. Municipal Trial Courts
 f. Municipal Circuit Trial Court
 Special Courts:
 a. Sandiganbayan
 b. Court of Tax Appeals
Courts of General and Special
Jurisdiction
 Courts of general jurisdiction are those with competence
to decide on their own jurisdiction and take cognizance of
all cases, civil and criminal, of a particular nature.
 Courts of special/limited jurisdiction are those which have
jurisdiction only for a particular purpose or a clothed with
special powers for the performance of specified duties
beyond which they have no authority of any kind. [1
Riano 47, 2016 Bantam Ed.]
Constitutional and Statutory Courts

 A constitutional court is one created by a direct constitutional

provision, an example of which is the SC. Only the SC is a
constitutional court.
 A statutory court is one created by a law other than the Constitution.
All other courts are statutory courts. [1 Riano 45-46, 2016 Bantam Ed.]
 A constitutionally-mandated court refers to a court whose creation by
Congress is mandated by a constitutional provision, of which there is
only one example: the Sandiganbayan [Sec. 4, Art. XI, Constitution].
While its existence is mandated by the Constitution, its creation was
through and by P.D. 1486, issued by President Marcos
 Courts of Law and Equity
 Philippine courts are courts of both law and equity. Both legal and
equitable jurisdictions are dispensed with in the same tribunal. [US v.
Tamparong, 31 Phil 321-327 (1915)]
 Equity jurisdiction is used to describe the power of the court to resolve
issues presented in a case, in accordance with the rules of fairness and
justice, and in the absence of a clear, positive law governing such issues.
[1 Riano 41, 2016 Bantam Ed.]
 Equity, which has been aptly described as a “justice outside legality,” is
applied only in the absence of, and never against, statutory law. Aequetas
nunquam contravenit legis [GF Equity, Inc. v. Valenzona, G.R. No. 156841
(2005)]
 Principle of Judicial Hierarchy

 Also known as “The Doctrine of Hierarchy of Courts”

General Rule: A case must be filed with the lowest court possible having
the appropriate jurisdiction.

For example, although the SC, CA, and the RTC have concurrent
jurisdiction over certiorari, prohibition, and mandamus, a direct
invocation of the SC is improper. A petition must be first made to the
lowest court - the RTC. [1 Riano 42, 2016 Bantam Ed]
 Exception: The Supreme Court may disregard hierarchy
of courts if warranted by the following reasons:
1. Where special and important reasons are present,
2. When dictated by public welfare and policy,
3. When demanded by interest of justice,
4. Where the challenged orders are patent nullities,
5. Where compelling circumstances warrant, and
6.Where genuine issues of constitutionality must be
immediately addressed. [1 Riano 44-45, 2016
Bantam Ed,
 Rationale
 1. It would be an imposition upon the limited time of the Court; and
 2. It would inevitably result in a delay, in the adjudication of cases,
which are remanded or referred to the lower court as the proper
forum, or a trier of facts [People v. Azarraga, G.R. No. 187117
(2011)]

A disregard of the doctrine of hierarchy of courts warrants, as a rule,

the outright dismissal of a petition [De Castro v. Carlos, G.R. No.
194994 (2013)]
 Doctrine of Non-Interference/
Doctrine of Judicial Stability
 The Doctrine of Non-Interference/ Doctrine of Judicial Stability holds
that courts of equal and coordinate jurisdiction cannot interfere with
each other’s orders. [Lapu-Lapu Devt Corp v. Group Management
Corp 388 SCRA 493, 508]
 It also bars a court from reviewing or interfering with the judgment of
a co-equal court over which it has no appellate jurisdiction or power
of review. [Villamor v. Salas 203 SCRA 540, 543]
Note: Such doctrine applies also to administrative bodies. When the law
provides for an appeal to the CA or SC from the decision of an
administrative body, it means that such body is co-equal with the RTC
and is then beyond the control of the latter. [Philippine Sinter Corp v.
Cagayan Electric Power and Light Co. Inc., G.R. No. 127371 (2002)]
 When not applicable
 The doctrine of judicial stability does not apply
where a third party claimant is involved – this is in
consonance with the well-established principle that
no man shall be affected by any proceeding to
which he is a stranger [Sps. Crisologo v. Omelio,
A.M. No. RTJ-12-2321 (2012), citing Sec. 16, Rule 39,
and quoting Naguit v. CA, G.R. No. 137675 (2000)]
 JURISDICTION OF COURTS

 Jurisdiction is the power of the court to hear, try, and decide a case.
[Cuenca v. PCGG, 535 SCRA 102] In its expanded concept, it includes
the authority of the court to execute its decisions since such is an
essential aspect of jurisdiction and is the most important part of
litigation [Echegaray v. Sec. of Justice, G.R. No. 132601 (1999)]

Note: Jurisdiction is not the authority of the judge to hear a case, but
that of the court. Jurisdiction over a case attaches to the court, and not
the judge hearing it. It is not the decision rendered, but rather the
authority of the court to decide the case.
Classification of Jurisdiction
Doctrines of Hierarchy of Courts and
Continuity of Jurisdiction
 Doctrine of Hierarchy of Courts According to the doctrine of
hierarchy of courts, in case of concurrence of jurisdiction, a
case must be filed first before the lowest court possible EXCEPT
if one can advance a special reason which would allow a part to
directly resort to a higher court. [1 Riano 43, 2016 Bantam Ed.]
 Doctrine of Continuity of Jurisdiction Also known as the doctrine
of adherence of jurisdiction.
 Once jurisdiction is vested, the same is retained up to the end
of the litigation. [De la Rosa v. Roldan, G.R. No. 133882 (2006)]
 Criminal Jurisdiction

The authority to hear and try a

particular offense and impose the
punishment for it [People v.
Mariano, G.R. No. L-40527 (1976)]
Requisites for a court to exercise
jurisdiction:
 a. Subject matter jurisdiction: the offense is one it is
authorized by law to take cognizance of
 b. Territorial jurisdiction: the offense has been committed
within its territorial jurisdiction
 c. Jurisdiction over the person: the person charged must have
been brought before it for trial, forcibly by arrest or upon his
voluntary submission to the court. All three requisites must
concur before a court can acquire jurisdiction [Antiporda v.
Garchitorena, G.R. No. 133289 (1999), citing Arula v. Espino,
G.R. No. L-28949 (1969)].
PROSECUTION OF OFFENSES
 Criminal Actions; How
 Instituted
The institution of a criminal action generally depends upon whether
the offense is one which requires a preliminary investigation (PI) or
not:
 Effect of institution
 The institution of a criminal action shall interrupt the running of the prescription
period of the offense charged UNLESS otherwise provided in special laws [Sec. 1,
Rule 110]
 Falling under the authority of the lupon
 While the dispute is under mediation, conciliation or arbitration, the prescriptive
periods shall be interrupted upon the filing of the complaint with the Punong
Barangay [Sec. 410, LGC]
 Limitation:
 Interruption shall not exceed 60 days from filing of complaint with the
punong barangay [Sec. 410(c), LGC].
 The prescriptive periods shall resume upon receipt by the complainant
 1. of the complaint or
 2. the certificate of repudiation or
 3. of the certification to file action issued by the Lupon or Pangkat Secretary
Criminal cases required to be filed
with lupon
 Offenses punishable by imprisonment not exceeding one (1) year or a fine not
exceeding P5,000 [Sec. 408(c), LGC] and where the parties actually reside in the same
city or municipality
 Exceptions, when [PGP-ODP]:
 1. There is no Private offended party [Sec. 408(d), LGC]
 2. One party is the Government or any subdivision thereof [Sec. 408(a), LGC];
 3. One party is a Public officer or employee, and the dispute relates to the performance of his
Official functions [Sec. 408(b), LGC];
 4. Parties actually reside in Different cities or municipalities, EXCEPT where such barangays
adjoin each other AND the parties agree to amicable settlement by an appropriate lupon [Sec.
408(f), LGC];
 5. Accused is under Police custody or detention
Who May File; Crimes That Cannot
be Prosecuted De Officio
 General rule: Complaint or Information may only be filed or dismissed if
there is prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy
[Sec. 4, Rule 112, as amended by A.M. 05-8-26-SC].
 Note: Secs. 3 and 4, Rule 110 discuss who should subscribe (not file)
the complaint or information.
 Exceptions: Crimes that cannot be prosecuted de oficio [ACSAAD]:
 1. Adultery
 2. Concubinage
 3. Seduction
 4. Abduction
 5. Acts of Lasciviousness
Defamation
 Rationale: This was imposed out of consideration for the aggrieved
party who might prefer to suffer the outrage in silence rather than go
through with the scandal of a public trial [People v. Yparraguirre, G.R.
No. 124391 (2000)]