General Principles

Question 1

Remedial Law

Answer 1

The rules which provide the system for the protection of rights, prevention of the violation of such rights, and the means of redress for such violations.

It is that branch of law which prescribes the method of enforcing rights or obtaining redress for ther invasion.

Question 2

Substantive Law

Answer 2

It is that part of the law which creates, defines and regulates rights, or which regulates the right and duties which give rise to a cause of action.

Question 3

Judicial Power

Answer 3

Duty of the courts of justice to settle actual controversies involving rights, which are legally demandable whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Question 4

Rule-making Power of the Supreme Court

Answer 4

The SC has the constitutional power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

Question 5

Limitations on the Rule-making Power of the Supreme Court

Answer 5

The Rules shall..

1. Provide a simplified and inexpensive procedure for the speecy disposition of cases.
2. Be uniform for courts of the same grade; and
3. Not diminish, increase, or modify substantive rights.

Question 6

Power to Amend Procedural Rules (Supreme Court)

Answer 6

When compelling reasons so warrant or when the purpose of justice requires it.

Question 7

Power to Suspend Procedural Rules (Supreme Court)

Answer 7

1. The existence of special or compelling circumstances;
2. Merits of the case;
3. Cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules;
4. A lack of any showing that the review sought is merely frivolous and dilatory;
5. Where the other part will not be unjustly prejudiced.