Remedial law basics

Remedial law is that branch of law which provides for the steps and methods for the enforcement or protection of a right, for the prevention of a wrong, for the establishment of the status or right of a party or for the establishment of a particular fact. It lays down the methods by which the rights and obligations arising from substantive law are protected, enforced, and given effect.[1]Remedial laws are also known as procedural laws (procedural rules), which are not laws in the strict sense because they are promulgated by the Supreme Court in its rule-making capacity under the Constitution and do not originate from the legislative.[2] Those laws coming from Congress are, in strict legal terms, called "statutes."[3]

Nevertheless, procedural laws have the force and effect of law because they are promulgated by competent authority, especially by the Supreme Court which is a constitutionally-created co-equal branch of Government.[4]

When the discussion revolves around remedial law, matters taken up are usually about the Supreme Court's rule-making power, the limitations thereto, the nature of Philippine courts, classification of courts, jurisdiction of courts and certain principles related to the remedies available to parties such as but not limited to the doctrines of hierarchy of course, adherence of jurisdiction and exhaustion of remedies.

[1] Bustos v. Lucero, G.R. No. L- 2068 (1948).

[2] Alvero v. Dela Rosa, G.R. No. L-286 (1946).


[4] Inchausti & Co v. De Leon, G.R. No. 7887 (1913).