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    The 1997 Rules of Civil Procedure 2001 Edition

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    bubblingbrook
    The document discusses the sources and authority of the Rules of Civil Procedure in the Philippines. It notes that: 1. The origins of civil procedure law in the Philippines can be traced back to the Code of Civil Procedure enacted in 1901 by the United States Philippine Commission. Subsequent rules included the Old Rules of Court in 1940 and the Revised Rules of Court in 1950. 2. The Supreme Court derives its rule-making power from the Constitution, allowing it to promulgate procedural rules while respecting limitations aimed at simplifying procedures, uniformity across courts, and preventing modifications to substantive rights. 3. Sources for the current Rules of Civil Procedure include previous rules, jurisprudence, the New Civil

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    The 1997 Rules of Civil Procedure 2001 Edition

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    bubblingbrook
    31 views2 pages
    The document discusses the sources and authority of the Rules of Civil Procedure in the Philippines. It notes that: 1. The origins of civil procedure law in the Philippines can be traced back to the Code of Civil Procedure enacted in 1901 by the United States Philippine Commission. Subsequent rules included the Old Rules of Court in 1940 and the Revised Rules of Court in 1950. 2. The Supreme Court derives its rule-making power from the Constitution, allowing it to promulgate procedural rules while respecting limitations aimed at simplifying procedures, uniformity across courts, and preventing modifications to substantive rights. 3. Sources for the current Rules of Civil Procedure include previous rules, jurisprudence, the New Civil

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    06 Civ Proc Proper

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    The document discusses the sources and authority of the Rules of Civil Procedure in the Philippines. It notes that: 1. The origins of civil procedure law in the Philippines can be traced back to the Code of Civil Procedure enacted in 1901 by the United States Philippine Commission. Subsequent rules included the Old Rules of Court in 1940 and the Revised Rules of Court in 1950. 2. The Supreme Court derives its rule-making power from the Constitution, allowing it to promulgate procedural rules while respecting limitations aimed at simplifying procedures, uniformity across courts, and preventing modifications to substantive rights. 3. Sources for the current Rules of Civil Procedure include previous rules, jurisprudence, the New Civil

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    31 views2 pages

    The 1997 Rules of Civil Procedure 2001 Edition

    Uploaded by

    bubblingbrook
    The document discusses the sources and authority of the Rules of Civil Procedure in the Philippines. It notes that: 1. The origins of civil procedure law in the Philippines can be traced back to the Code of Civil Procedure enacted in 1901 by the United States Philippine Commission. Subsequent rules included the Old Rules of Court in 1940 and the Revised Rules of Court in 1950. 2. The Supreme Court derives its rule-making power from the Constitution, allowing it to promulgate procedural rules while respecting limitations aimed at simplifying procedures, uniformity across courts, and preventing modifications to substantive rights. 3. Sources for the current Rules of Civil Procedure include previous rules, jurisprudence, the New Civil

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    The 1997 Rules of Civil Procedure 2001 Edition < DRAFT COPY; Pls.

    check for errors >


    CIVIL PROCEDURE PROPER

    Civil Procedure Proper

    Laws are classified as either Remedial or Substantive Law. Remedial Law is also known as Adjective or Procedural Law. REMEDIAL LA vs. S!"S#A$#I%E LA

    &' Distin(uish Remedial law from Substantive law) A' S!"S#A$#I%E LA is that branch of the law which creates* defines and re(ulates ri(hts. +"ustos vs. Lucero* ,- Phil. ./01 "allentine2s Law Dict.* 3nd.* 44. ..* -0356 Like the 7ivil 7ode* the ri(hts of children* husband and wife* creditor and debtor are all found there. REMEDIAL LA is that branch of law which 4rescribes the method of enforcin( ri(hts or obtainin( redress for their invasion. +Ibid) E8am4le of Remedial Law is the Rules of 7ourt. So a ri(ht is useless unless 9ou enforce it. And the manner of enforcin( ri(hts is now 4rescribed b9 remedial law. Like in civil cases* m9 nei(hbor borrowed from me but until now* des4ite several demands* he refused to 4a9. !nder the law on :bli(ations and 7ontracts* I have the ri(ht to collect. "ut how do I collect) Is it b9 writin( a letter to the jud(e* ;Dear <ud(e=>) or Is it b9 callin( him on the 4hone) I?te8t ko ka9a) Di 4uwede 9an@ #here must be a 4rocedure. #hat is where the 7ivil 7ode leaves 9ou behind and that is where the Rules of 7ourt will take over. So the 3 laws (o hand in hand. #hat is what the S7 said in the -AA3 case of DE DIOS vs. COURT OF APPEALS 3-3 S7RA B-A C-AA3D 7ruE* J. FELD' #he 3 laws have a s9mbiotic relationshi4. #he9 (o hand in hand G one su44orts the other. #he9 are not anta(onistic towards each other. ;Procedural rules are desi(ned to insure the orderl9 and e84editious administration of justice b9 4rovidin( for a 4ractical s9stem b9 which the 4arties to a liti(ation ma9 be accorded a full and fair o44ortunit9 to 4resent their res4ective 4ositions and refute each otherHs submissions under the 4rescribed reIuirements* conditions and limitations. Adjective law is not the counterfoil of substantive law. In fact* there is a s9mbiotic relationshi4 between them. "9 com4l9in( faithfull9 with the Rules of 7ourt* the bench and the bar are better able to discuss* anal9Ee and understand substantive ri(hts and duties and conseIuentl9 to more effectivel9 4rotect and enforce them.> ASPE7#S :J REMEDIAL LA &' Kive the two +36 as4ects of Remedial Law. A' #here are 3 as4ects of Remedial Law' -.6 P!"LI7 ASPE7# G one which affords a remed9 in favor of the State a(ainst the individual +e.(. criminal 4rocedure6 or in favor of the individual a(ainst the State +e.(. habeas cor4us6 on the other hand* 3.6 PRI%A#E ASPE7# G one which affords a remed9 in favor of an individual a(ainst another individual* like the rules on civil 4rocedure. +Kamboa2s Introduction to Phili44ine Law* .th Ed.* 44. AL?AA6 BRIEF HISTORY OF THE LAW ON CIVIL PROCEDURE IN THE PHILIPPINES #he ori(in of our law on 4rocedure is American. Jor(et the law on 4rocedure durin( the S4anish re(ime. "ut the first known ancestor of the law on 7ivil Procedure was the old Act -A0* otherwise known as the 7ode of 7ivil Procedure* which was enacted on Au(ust L* -A0- b9 the !nited States and Phili44ine 7ommission. And that was the law until -A/0 because on <ul9 0-*-A/0 the S7 enacted the Rules of 7ourt which we now call the :ld Rules of 7ourt. #hat continued for another 3/ 9ears until <anuar9 0-* -A./ when the S7 enacted the Revised Rules of 7ourt re4ealin( the :ld Rules of 7ourt. And that continued for another 55 9ears until <ul9 0-*-AAL where the S7 enacted and which took effect on that da9 +<ul9 0-* -AAL6 the $ew Rules on 7ivil Procedure. S!MMARM' -.6 Jirst Law G Au(ust 0L* -A0- G Act -A0 G 7ode of 7ivil Procedure +/0 9ears6 3.6 Second Law G <ul9 0-* -A/0 G :ld Rules of 7ourt +3/ 9ears6 5.6 #hird Law G <anuar9 0-* -A./ G Revised Rules of 7ourt +55 9ears6 49

    The 1997 Rules of Civil Procedure 2001 Edition < DRAFT COPY; Pls. check for errors >
    /.6 Jourth Law G <ul9 0-* -AAL G $ew Rules of 7ivil Procedure. SOURCES OF THE !!" RULES OF CIVIL PROCEDURE

    Civil Procedure Proper

    ell of course the sources are almost the same as the 4rior law. #he old Rules of 7ourt is also a source. Man9 4rovisions were taken from the -A./ Rules* substantive law like the 7ivil 7ode and juris4rudence. And of course S7 circulars. Man9 circulars are now incor4orated under the new rule. So those are the main sources. -.6 3.6 5.6 /.6 S:!R7ES' Previous Rules of 7ourt1 <uris4rudence1 $ew 7ivil 7ode1 S7 7irculars RULE#$A%IN& POWER OF THE SUPRE$E COURT #he Rules of 7ourt +-A/0* -A./* -AAL6 have all been enacted b9 the S7. It is law* not enacted b9 7on(ress but enacted b9 the S7. &' hat is the authorit9 of the S7 to enact a law when actuall9 the role of the judiciar9 is onl9 to inter4ret the law) Is this not a violation of the se4aration of 4owers) A' #he authorit9 of the S7 in enactin( the 4rior rules and the 4resent rules is what 9ou call its rule ?makin( 4ower which 4rovision was found in the -A5B* -AL5 and -A,L 7onstitutions. "ased on the 4resent law* the rule?makin( 4ower of the S7 is e84ressed in Article %III* Section B* 4ara(ra4h CBD which is substantiall9 the same as the -A5B and -AL5 7onstitutions. :nl9 ever9time the9 amend the 7onstitution* it is (ettin( lon(er and lon(er. "ut the 4ertinent 4ortion which has not been chan(ed is that the S7 ;shall have the 4ower to 4romul(ate rules on 4leadin(* 4ractice and 4rocedure.> #hat is the authorit9 of the S7 in enactin( the Rules of 7ourt. "ut 9ou should know also the limitations. LI$ITATIONS TO THE RULE#$A%IN& POWER OF THE SC #he 7onstitution has also 4laced limitations on these 4owers. As currentl9 worded* one limitation 4rovided for b9 the Article is ;the rules of 4rocedure to be enacted b9 the S7 shall 4rovide for a sim4lified and ine84ensive 4rocedure for the s4eed9 dis4osition of cases.> #he second one is' ;the rules shall be uniform for all courts of the same (rade.> And the third is' ;the rules shall not diminish* increase or modif9 substantive ri(hts.> LIMI#A#I:$S ' -. 3. 5. #he Rules of 7ourt shall 4rovide a sim4lified and ine84ensive 4rocedure for the s4eed9 dis4osition of cases1 #he Rules of 7ourt shall be uniform for all courts of the same (rade1 and #he Rules of 7ourt shall not diminish* modif9 or increase substantive ri(hts.

    Substantive ri(hts are created b9 substantive law so the Rules of Procedure should not increase* diminish or modif9 them. In effect* the Rules of 7ourt should not amend the substantive law. It can onl9 inter4ret substantive law but should not chan(e it com4letel9. #hose are the limitations. ith that we are now read9 to tackle the -AAL rules on civil 4rocedure.

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