What is remedial law Philippines?

Asked by: Prof. Deion Hermiston Sr.  |  Last update: February 19, 2022
Score: 5/5 (51 votes)

Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts.

What is a remedial law?

Remedial law is that branch of law which provides for the enforcement or protection of'a right, or the prevention or redress of a wrong, or the establishment of the status or right of a party, or a particular fact.,! ..,Consequently, every case which rea.es the courts, especially the highest tribunal in the land, ...

What is remedial law example?

Remedial law is mostly in the Rules of Court. Circulars of the Supreme Court implementing the Rules of Court are also sources of remedial law. An example of such circular is the Rules on Summary Procedure. ... Hence, rules issued by the Supreme Court can actually be called laws.

What subjects are in remedial law?


What is remedial law and substantive law?

Substantive law is that law which creates, defines regulates and extinguishes rights and obligations. Remedial law is that law which provides the procedure or remedy for enforcement of rights and obligations through the courts of justice.

REMEDIAL LAW | Some Important Concepts | Philippine Law

30 related questions found

What is remedial law Quora?

The definition of remedial law is: “the part of the law that details the methods for enforcing your rights.”

Is the civil Code of the Philippines a substantive remedial or penal law?

Section 154 of the Code of Civil Procedure and Section 2477 of the Old Charter of Manila, creating the right to trial with the aid of assessors, are substantive law and were not repealed by Rules of Court.

Why is remedial law important?

Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts.

What does remedial class mean?

What are remedial courses? According to College Parent Central, remedial courses are sometimes called developmental courses and they are classes students must take to build skills before they are allowed to take regular college classes.

What are remedial procedures?

Remediation Process means the method used to address the teaching performance of a teacher who has been identified as partially effective or ineffective and whose performance has not sufficiently improved.

What is procedural law in the Philippines?

Procedural law consists of the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings.

What is a real action Philippines?

In a real action, the plaintiff seeks the recovery of real property, or, as indicated in section 2(a) of Rule 4, a real action is an action affecting title to real property or for the recovery of possession, or for partition or condemnation of, or foreclosure of a mortgage on, real property.

What is an example of remediation?

The act or process of remedying. An action taken to remedy a situation. Remediation is the act of correcting an error or stopping something bad from happening. When a company that polluted takes steps to clean up the water supply, this is an example of remediation.

What does remediation effort mean?

Remediation Efforts means, with respect to any Security Incident, activities designed to remedy a Security Incident, which may be required by Applicable Law or by the Authority's or the Contractor's policies or procedures or under the Security Requirements, or which may otherwise be necessary, reasonable or appropriate ...

What are special proceedings Philippines?

The 1997 Rules of Civil Procedures define a special proceeding as “a remedy by which a party seeks to establish a status, a right, or a particular fact.” It is distinct from an ordinary legal “action” where one party files a suit against another party to seek redress for a wrong or an injury, or to protect his (the ...

How do I learn Codals?

Listen to Codal Audiobooks

You need to allocate one hour per every unit of subject. Which means, a three-unit subject requires a study time of 3 hours to say the least. But remember to study smart, instead of just studying hard. One of the ways to maximize your time is to listen to audiobooks for law school subjects.

How can I study effectively in law school Philippines?

1) Write a brief schedule and stick to it; 2) Schedule your study time for your hard courses during law-school hours so that you can get help from law professors; 3) Do all of your homework and hand them on time; 4) Write your work neatly because neat papers get better grades; 5) Make sure all your work is accurate and ...

Is ex post facto legal?

Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). ... In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.

What is an in rem proceeding Philippines?

— An action in rem may be defined as an action or procedure instituted against a particular thing and not against a person. In a strict sense, it is an action or proceeding taken strictly against property, without reference to the title of individual claimants.

What is an example of substantive law?

For example, substantive law dictates the kind of punishment that someone may receive upon being convicted at the conclusion of his criminal trial. ... For example, substantive law is used to decide whether a crime was a hate crime, whether a murder was committed in self-defense, and so on.

Does ex post facto apply to civil cases?

The United States Supreme Court's recent decision in Air and Liquid Systems Corp v. ... Article I Section 9 of the U.S. Constitution prohibits Congress from passing ex post facto laws, but that provision has generally been applied in the context of criminal or civil sanctions imposed to punish persons for past acts.

What is the difference between substantive law and procedural law?

Procedural Law and Substantive Law

"Procedural law," which refers to the guarantees of certain procedural methods and rules, is to be distinguished from "substantive law," which refers to the rights and duties of everyday conduct, such as those related to contract law and tort law.

What is prospectivity in criminal law?

Prospectivity in criminal law means that penal laws can only punish an act committed after its effectivity. It cannot penalize an act that was not punishable at the time of its commission. It cannot be given retroactive effect UNLESS favorable to the accused who is not a habitual deliquent.