INTRODUCTORY CHAPTER PART A GENERAL CONSIDERATIONS Flashcards
Distinguish rules of procedure from substantive law. (1997, 2001 Shari’a Bar)
As a general rule, laws which fix the duties, establish rights and responsibilities among and for persons, natural or otherwise, are ‘substantive laws’, while those which merely prescribe the manner in which such rights and responsibilities may be exercised and enforced in a court are ‘procedural laws’ or ‘rules of procedure’ (Black’s Law Dictionary, 6th ed., 1990, p. 1203).
Define procedure. (1997, 2001 Shari’a Bar) What is law of procedure?
It is the body of rules that governs or provides the framework of the judicial process (Cound, et al., Civil Procedure, 4th ed., p. 14). It is that which prescribes the method of enforcing rights or obtains redress for their invasion. (Bustos vs. Lucero, 81 Phil 650).s
Q: How should rules of procedure be construed and why? (1991, 1997, 2001 Shari’a Bar)
ANS: Rules of procedure should 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, Rules of Court) The rules of procedure are but mere tools designed to facilitate the attainment of justice. Their strict and rigid application, which would result in technicalities that tend to frustrate rather than promote substantial justice, must always be avoided (Piczon vs. Court of Appeals, G.R. 76378-81, Sept. 24, 1990). The general object of procedure is “to facilitate the application of justice to the rival claims of contending parties,” bearing always in mind that procedure is created “not to hinder and delay but to facilitate and promote the administration of justice” (I Moran, p. 115, citing Udanv. Amon, 23 SCRA 837; MacEntee vs. Manotok, 3 SCRA 272).
Q: Define procedure and distinguish it from evidence. (1991 Shari’a Bar)
ANS: Procedure is that which prescribes method of enforcing rights or obtaining redress for their invasion (Black’s Law Dictionary, 6th ed., 1990, p. 1203).
Procedure and evidence are distinguished as follows:
a) Broadly speaking, procedure, being remedial in nature and not substantive law, includes evidence; whereas evidence is fundamentally a procedural law;
b) Rule of procedure is the means by which the power or authority of a court to hear and decide a class of cases is put to action. (Garcia vs. De Jesus, 206 SCRA 779,788; Manila Railroad Co. vs. Attorney-General, 20 Phil 523) whereas evidence is the mode and manner of proving competent facts in a judicial proceeding. (Bustos vs. Lucero, Phil 640)
c) In the Shari’a courts, its procedure shall be supplemented by the Rules of Court of the Philippines; whereas evidence shall be governed by sources of Muslim law on evidence. (Section 17, Special Rules)
Q: What is the statutory basis of the Special Rules of Procedure Governing the Shari’a Courts (Ijra-at Al Mahakim Al Shariah)?
ANS: The Special Rules of Procedure Governing the Shari’a Courts was promulgated by the Supreme Court pursuant to Articles 148 and 158 of the Code of Muslim Personal Laws which provide:
“The Shari’a District Courts (and the Shari’a Circuit Courts) shall be governed by such special rules of
procedure as the Supreme Court may promulgate.”
Moreover, Section 12, Article IX of RA 6734 provides that “[P]roceedings in the Shari’ah Appellate Court and in the Shari’ah lower courts as are established in the Autonomous Region shall be governed by such special rules as the Supreme Court may promulgate.”
