1

EN BANC to a party litigant. Section 1477 of the incorporated by the Supreme Court in the
Administrative Code of 1917 is couched in present Rules of Court because they are
[G.R. No. L-6120. June 30, 1953.] such a manner that a similar right is substantive in nature. This remedy may be
implied when invoked by a party litigant. It invoked not only in Manila but in all other
CIPRIANO P. PRIMICIAS, Petitioner, says that the aid may be invoked in the places where it existed prior to the
v. FELICISIMO OCAMPO, as Judge- manner provided in the Code of Civil promulgation of the Rules of Court. The
at-large presiding over Branch C of the Procedure. And this right has been declared provisions on assessors embodied in the
Court of First Instance of Manila and absolute and substantial by the Supreme Code of Civil Procedure are still in force
EUGENIO ANGELES, as City Fiscal of Court in several cases where the aid of and the same may still be invoked in the
Manila, representing the PEOPLE OF assessors had been invoked (Berbari v. light of the provisions of section 49 of
THE PHILIPPINES, Respondents. Concepcion Et. Al., 40 Phil., 320; Colegio Republic Act No. 409.
de San Jose v. Sison, 56 Phil., 344).
Claro M. Recto for Petitioner.
2. ID.; ID.; ID.; SUBSTANTIVE
City Fiscal Eugenio Angeles MATTER, DISTINGUISHED FROM DECISION
for Respondents. PROCEDURAL. — A substantive law
creates, defines or regulates rights
BAUTISTA ANGELO, J.:
concerning life, liberty or property, or the
SYLLABUS powers of agencies or instrumentalities for
the administration of public affairs,
This is a petition which seeks to prohibit
whereas rules of procedure are provisions
1. CRIMINAL PROCEDURE; respondent Judge from proceeding with the
prescribing the method by which
ASSESSORS; TRIAL WITH AID OF trial of two criminal cases which were then
substantive rights may be enforced in
ASSESSORS, A SUBSTANTIVE RIGHT. pending against petitioner without the
courts of justice. (1 Moran, Comments on
— The right to a trial by assessors is assistance of assessors in accordance with
the Rules of Court, 1952 ed., p. 4; Bustos
substantive in the sense that it must be the provisions of section 49 of Republic
v. Lucero, 46 Off. Gaz., Jan. supp., pp.
created and defined by express enactment Act No. 409 in relation to section 154 of
445, 448.)
as opposed to a mere remedy devised to Act No. 190, and as an auxiliary remedy, to
enforce such right or obtain redress have a writ of preliminary injunction
3. PLEADING AND PRACTICE;
therefor. The trial with the aid of assessors issued so that the trial may be held pending
ASSESSORS; TRIAL; RIGHT TO
as granted by section 154 of the Code of until further orders of this court.
ASSESSORS STILL EXISTS IN
Civil Procedure and section 2477 of the old MANILA AND IN PROVINCES. — The
Charter of Manila are parts of substantive This petition was originally filed with the
promulgation of the Rules of Court did not
law and as such are not embraced by the Court of Appeals, but was later certified to
have the effect of repealing the provisions
rule-making power of the Supreme Court. this court on the ground that the main basis
on assessors embodied in the Code of Civil
This is so because in said section 154 this of the petition is section 49 of Republic
Procedure. These provisions have not been
matter is referred to as a right given by law Act No. 409, otherwise known as Revised
 2

Charter of the City of Manila, approved on aid of assessors in the trial of any civil or
June 18, 1949, and respondents assail the criminal action in the Municipal Court, or "II. The right to trial with the aid of
constitutionality of said section in that it the Court of First Instance, within the City, assessors, being substantive right, cannot
contravenes the constitutional provision may be invoked in the manner provided in be impaired by this court in the exercise of
that the rules of court "shall be uniform for the Code of Civil Procedure." This motion its rule-making power.
all courts of the same grade . . ." (Section was opposed by the City Fiscal who
13, Article VIII of the Constitution.) appeared for the People of the Philippines. "III. Section 154 of the Code of Civil
Procedure and Section 2477 of the Old
Petitioner was charged before the Court of On April 28, 1952, the court issued an Charter of Manila, creating the right to trial
First Instance of Manila with two statutory order denying the motion holding in effect with the aid of assessors, are substantive
offenses, namely, (1) with a violation of that with the promulgation of the Rules of law and were not repealed by Rules of
Commonwealth Act No. 606, which was Court by the Supreme Court, which Court.
docketed as criminal case No. 18374, in became effective on July 1, 1940, all rules
that he knowingly chartered a vessel of concerning pleading, practice and "IV. Granting without admitting that the
Philippine registry to an alien without the procedure in all courts of the Philippines provisions on assessors of the Code of
approval of the President of the Philippines previously existing were not only Civil Procedure and the old Charter of
and (2) with a violation of section 129 in superseded but expressly repealed, that the Manila were impliedly repealed,
relation to section 2713 of the Revised Supreme Court, having been vested with nevertheless, the same provisions were
Administrative Code, which was docketed the rule- making power, expressly omitted later reenacted by reference in section 49
as Criminal Case No. 18375, in that he the portions of the Code of Civil Procedure of the Revised Charter of Manila, which is
failed to submit to the Collector of regarding assessors in said Rules of Court, now the source of the right to trial with the
Customs the manifests and certain and that the reference to said statute by aid of assessors and which refers to the
authenticated documents for the vessel section 49 of Republic Act No. 409 on the Code of Civil Procedure merely to indicate
"Antarctic" and failed to obtain the provisions regarding assessors should be the procedure for appointing assessors.
necessary clearance from the Bureau of deemed as a mere surplusage. Believing
Customs prior to the departure of said that this order is erroneous, petitioner now "V. Section 49 of the Revised Charter of
vessel for a foreign port. comes to this court imputing abuse of Manila is not invalid class legislation and
discretion to the respondent Judge. does not violate the constitutional
On April 23, 1952, before the trial of said provision that the rules of pleading,
criminal cases, petitioner filed a motion The issues now posed by petitioner practice and procedure ’shall be uniform
praying that assessors be appointed to are:jgc:chanrobles.com.ph for all courts of the same grade.’"
assist the court in considering the questions
of fact involved in said cases as authorized "I. The right of the petitioner to a trial with A brief summary of the historical
by section 49 of Republic Act No. 409, the aid of assessors is an absolute background of the legislation regarding
otherwise known as Revised Charter of the substantive right, and the duty of the court trial with the aid of assessors in the
City of Manila, which provides that "the to provide assessors is mandatory. Philippines may be of help in the
 3

determination of the issues posed by Manila. This section 49 is the law now compensation, oath duties and effect of
petitioner. The first provision which invoked by petitioner in support of his dissent from the opinion of the judges shall
allowed trial with the aid of assessors in claim to a trial With the aid of assessors in be as provided in those laws or
civil cases in inferior courts and Courts of the two criminal cases now pending against rules."cralaw virtua1aw library
First Instance is contained in Act No. 190 him. Its pertinent provisions are quoted
of the Philippine Commission, otherwise hereunder for ready A careful analysis of the above provisions
known as the Code of Civil Procedure, reference:jgc:chanrobles.com.ph is interesting. Their most salient features
which took effect on October 1, 1901 are: The aid of assessors in the trial of any
(Sections 58-62; 154-161). Almost "SEC. 49. Assessors in the courts in the civil or criminal action in the Municipal
simultaneously, or on October 17, 1901, city. — The aid of assessors in the trial of Court for the Court of First Instance may
the trial with the aid of assessors both in any civil or criminal action in the be invoked in the manner provided in the
civil and criminal cases was allowed in the municipal court, or the Court of First Code of Civil Procedure. The parties
Manila courts upon the enactment of Act Instance, within the city, may be invoked desiring to avail themselves of the use of
No. 267, amending Act No. 183, the in the manner provided in the Code of assessors "shall proceed as provided for by
original Charter of Manila. In 1914, the Civil Procedure. It shall be the duty of the law or rules of court", and "the method of
trial by assessors was allowed in criminal Municipal Board to prepare one list of the summoning assessors, enforcing their
cases in the courts of first instance in the names of twenty-five residents of the City attendance, excusing them from
provinces with the enactment of Act No. best fitted by education, natural ability and attendance, their compensation, oath,
2369. And in 1915, Act No. 2520 was reputation for probity to sit as assessors in duties, and effect of the dissent from the
passed extending the same trial by the trial of actions in the municipal court opinion of the judge shall be as provided in
assessors to the courts of first instance and and a like list of persons to sit as assessors those laws or rules." If we are to be guided
justice of the peace courts in the in the trial of the action in the Court of merely by these provisions, the right to
Department of Mindanao and Sulu. First Instance. The Board may at any time trial with the aid of assessor would seem to
strike any name from the list so prepared, be beyond dispute. These provisions are
In connection with the use of assessors in by reason of the death, permanent simple and clear and appear to be
Manila, section 44 of Act No. 183, the disability, or unfitness of the person mandatory. But where the difficulty arises
original Charter of Manila, as amended by named; and in case names are so stricken is in their relation or bearing on the
section 13 of Act No. 267, was reenacted out, other names shall be added in their directive of the Constitution which
as section 2449 of the Administrative Code place, to be selected as in this section provides that "the existing laws on
1916, Act No. 2657. Section 2449 of the provided. Parties desiring to avail pleading, practice, and procedure are
Administrative Code of 1916 became themselves of the use of assessors in the hereby repealed as statutes, and are
section 2477 of Act No. 2711, otherwise municipal or Court of First Instance shall declared rules of courts subject to the
known as the Revised Administrative Code proceed as provided for by law or rules of power of the Supreme Court to alter and
of 1917. And section 2477 in turn became court; and the method of summoning modify the same." Pursuant to this rule-
section 49 of the Republic Act No. 409, assessors, enforcing their attendance, making power, the Supreme Court
which is the present Charter of the City of excusing them from attendance, their promulgated the present Rules of Court,
 4

which became effective on July 1, 1940, such a manner that a similar right is
but because it failed to incorporate therein In Bustos v. Lucero, * (46 Off. Gaz., implied when invoked by a party litigant. It
the provisions of the Code of Civil January Supp., pp. 445, 448), this Court says that the aid may be invoked in the
Procedure on assessors, respondents now cited with approval the following manner provided in the Code of Civil
contend that the right to trial with the aid of definitions of substantive Procedure. And this right has been declared
assessors, with all its concomitant law:jgc:chanrobles.com.ph absolute and substantial by this Court in
provisions, cannot now be invoked several cases where the aid of assessors
because, being procedural in nature, the "Substantive law creates substantive rights had been invoked (Berbari v. Concepcion,
same must be deemed to have been and the two terms in this respect may be Et Al., 40 Phil., 320; Colegio de San Jose
impliedly eliminated. said to be synonymous. Substantive rights v. Sison, 54 Phil., 344). Thus, it was there
in a term which includes those rights which said that these provisions "necessarily lead
This claim would be correct if we were to one enjoys under the legal system prior to to the conclusion that the intervention of
hold that the right to trial with the aid of the disturbance of normal relations. (60 C. the assessors is not an empty formality
assessors is not substantive but procedural J. 980.) which may be disregarded without
or adjective in nature. If it were merely violating either the letter or the spirit of the
procedural, not having been incorporated "Substantive law is that part of the law law. It is another security given by the law
in the Rules of Court, the logical which creates, defines and regulates rights, to the litigants, and as such, it is a
conclusion is that the rule-making power or which regulates the right and duties substantial right of which they cannot be
has deemed wise to eliminate it. But no which give rise to a cause of action; that deprived without vitiating all the
such presumption, nor conclusion, can be part of the law which courts are established proceedings. Were we to agree that for one
drawn for the reason that the right to a trial to administer; as opposed to adjective or reason or another the trial by assessors may
by assessors is substantive in the sense that remedial law, which prescribes the method be done away with, the same line of
it must be created and defined by express of enforcing rights or obtain redress for reasoning would force us to admit that the
enactment as opposed to a mere remedy their invasions (36 C. J. 27; 52 C. J. S. parties litigant may be deprived of their
devised to enforce such right or obtain 1026)."cralaw virtua1aw library right to be represented by counsel, to
redress therefor. "Rules of procedure appear and be present at the hearings, and
should be distinguished from substantive The trial with the aid of assessors as so on, to the extent of omitting the trial in a
law. A substantive law creates, defines or granted by section 154 of the Code of Civil civil case, and thus set at naught the
regulates rights concerning life, liberty or Procedure and section 2477 of the old essential rights granted by the law to the
property, or the powers of agencies or Charter of Manila are parts of substantive parties, with consequent nullity of the
instrumentalities for the administration of law and as such are not embraced by the proceedings." (Colegio de San Jose v.
public affairs, whereas rules of procedure rule making power of the Supreme Court. Sison, 54 Phil., 344, 349.)
are provisions prescribing the method by This is so because in said section 154 this
which substantive rights may be enforced matter is referred to as a right given by law Being substantive in nature, it is not
in courts of justice." (Moran, Comments on to a party litigant. Section 2477 of the difficult to see why the provisions
the Rules of Court, Vol. I, 1952 ed., p. 4.) Administrative Code of 1917 is couched in concerning trial by assessors embodied in
 5

the Code of Civil Procedure have not been cannot be detached from the other. Ubi jus the Code of Civil Procedure in said section
incorporated by the Supreme Court in the ibi remedium. Remedial measures are but indicates in itself a re-enactment or
present Rules of Court. To have done so, it implementary in character and they must incorporation by reference of the
would have been a travesty of its rule- be appended to the portion of the law to provisions concerning assessors contained
making power which, by direct mandate of which they belong. Mention should be in said law. Congress, whose members
the Constitution, is limited to matters made here that not all of the provisions were mostly lawyers, must be presumed to
referring to pleading, practice and appearing in the Code of Civil Procedure know that at the time said Act was
procedure. The application that the are remedial in nature, such as those approved the Rules of Court had already
respondents draw from the failure to pertaining to prescription, the requisites for been promulgated without incorporating
incorporate these provisions in the present making a will, and the succession of the therein the provisions concerning the aid to
Rules of Court to the effect that the estate of an adopted child, which are assessors, and fully cognizant of this
intention was to eliminate them or repeal admittedly substantive in character and for situation, and not desiring to omit this right
them all together cannot, therefore, stand in that reason were not incorporated in the granted to a litigant, they must have
the light of the observations and authorities Rules of Court. To this group belong the deemed it wise and proper to re-enact them
we have above adverted to. provisions under consideration. by reference in said section 49. This
Congress can do, for, while our
There is a point in the claim that the Granting arguendo that the provisions on Constitution has given the power to adopt
provisions concerning trial by assessors assessors of the Code of Civil Procedure rules of procedure to the Supreme Court,
embodied in the Code of Civil Procedure and even in the old Charter of Manila are such grant did not preclude Congress from
are not wholly substantive but portions purely remedial in nature and because of enacting any procedural law or altering,
thereof are remedial such as those which the failure to incorporate them in the Rules amending, or supplementing any of the
refer to the method of summoning of Court they are deemed to have been rules that may be promulgated by the
assessors, enforcing their attendance, impliedly repealed as claimed by Supreme Court (Section 13, Article VIII,
excusing them from attendance, their respondents, we are of the opinion that Philippine Constitution).
compensation, oath, duties and effect of they can still he invoked by a litigant upon
dissent from the opinion of the judge, as to the theory that they had been reaffirmed The practice of making such reference has
which no cogent reason is seen for their and reenacted by Republic Act No. 409, long been sanctioned. Our Congress did
non-incorporation if the intent is not to which was approved in 1949, or nine years this not only in connection with courts in
eliminate them from the Rules of Court. after the Rules of Court became effective. the City of Manila. It also did it in
This is true; but it is likewise true that As already stated, section 49 of said Act connection with courts in Quezon City
because said remedial provisions are states that the aid of assessors may be (Republic Act No. 537). Statutes which
inextricably interwoven with the invoked in the manner provided in the refer to other statutes and make them
substantive part, it must have been deemed Code of Civil Procedure. It likewise states applicable to the subject for legislation are
wise and proper to leave them as they were that the parties desiring to avail themselves called "reference statutes." These statutes
for reasons of coordination and of the use of assessors shall proceed as are frequently used "to avoid encumbering
expediency, it being a truism that the one provided for by law. The mention made of the statute books by unnecessary repetition,
 6

and they have frequently been recognized because it is raised for the first time in this with the aid of assessors can only be
as an approved method of legislation, in instance, a procedural defect which would invoked in the City of Manila is certainly
the absence of constitutional restrictions." bar any further discussion on the matter without merit.
[50 Am. Jur. 57; Gruen v. Tax following well-known precedents 1 and,
Commission, 211 P. (2d) (1949) 651, 666.] secondly, because it is not correct that at In view of the foregoing, we hold that the
present only in Manila trial with the aid of provisions on assessors embodied in the
Again, it has been held that "The adoption assessors may be invoked if we will sustain Code of Civil Procedure are still in force
of an earlier statute by reference makes it the theory that the promulgation of the and that the same may still be invoked in
as much as a part of the latter act as though Rules of Court did not have the effect of the light of the provisions of section 49 of
it had been incorporated at full length. This repealing the provisions on assessors Republic Act No. 409. It is therefore our
is true of a legislative act which refers to embodied in the Code of Civil Procedure. opinion that the respondent Judge acted
another act for the procedure to be taken." with abuse of discretion in denying
(50 Am. Jur. 58.) The reference in The contention of respondents — we petitioner his right to the aid of assessors in
Republic Act No. 409 to the provisions on reckon — is predicated on the assumption the trial of the two criminal cases now
assessors must be deemed, therefore, to that the provisions on assessors of the Code pending in the Court of First Instance of
have incorporated therein the pertinent of Civil Procedure had been impliedly Manila.
provisions on the matter contained in the repealed. Such is not the case. We have
Code of Civil Procedure in much the same already pointed out that the basic Wherefore, petition is hereby granted,
manner as if the whole provisions had been provisions on the matter partake of the without pronouncement as to costs.
reproduced. Consistent with this theory, we nature of substantive law and as such they
cannot but hold that the observations made were left intact by the Supreme Court. The Paras, C.J., Pablo, Bengzon, Padilla,
by respondents to the effect that the corollary to this conclusion is that this Tuason, Montemayor, Jugo and
reference made to said provisions in remedy may be invoked out only in Manila Labrador, JJ., concur.
section 49 is a mere surplusage, or was due but in all other places where it existed prior
to a mere oversight, has no legal basis, as to the promulgation of the Rules of Court. Separate Opinions
such innuendo would be tantamount to This is true in civil cases. With regard to
imputing lack of foresight, if not brazen criminal cases, we have seen that they are
negligence, to our legislative body. allowed by Act No. 2369; and we have REYES, J., concurring:chanrob1es virtual
already said that the same remedy may be 1aw library
It is finally contended that section 49 of invoked in the cities of Cebu, Iloilo and
Republic Act No. 409 is unconstitutional Quezon, with the particularity that their In view of section 49 of Republic Act No.
because it violates the constitutional charters make express reference, either 409, approved June 18, 1949, authorizing
provisions that procedural rules "shall be directly or indirectly, to the provisions of the use of assessors in the trial of civil and
uniform for all courts of the same grade" the code of Civil Procedure. With this criminal cases in the city of Manila, I
and, therefore, it is a class legislation. This historical background, the claim that under concur in the result.
contention cannot be entertained: firstly, the theory we have entertained the trial
 7

Endnotes:

* 81 Phil. 640.

1. De Leon v. Santiago Syjuco,