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]
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).
[3] https://www.projectjurisprudence.com/2020/07/laws-creating-or-controlling-administrative-agencies.html.
[4] Inchausti & Co v. De Leon, G.R. No. 7887 (1913).
