RULES OF CIVIL PROCEDURE
2nd Semester 2016-2017
Atty. Amando Virgil D. Ligutan
I. GENERAL PRINCIPLES
A. Remedial Law
Bustos v. Lucero, G.R. No. L-2068, October 20, 1948
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946
Basic Concepts
i. Meaning of procedural law
Jose v. Javellana, G.R. No. 158239, January 25, 2012
ii. Nature and purpose of procedural law
Samahan v. Hon. Magsalin, G.R. No. 172303, June 6, 2011
Jose v. Javellana, G.R. No. 158239, January 25, 2012 (Supra.)
iii. Retroactive application of procedural rules
Light Railway Transit Authority v. Salvaña, G.R. No. 192074, June 10, 2014
An administrative agency has standing to appeal the Civil Service Commission's repeal or
modification of its original decision. In such instances, it is included in the concept of a "party adversely
affected" by a decision of the Civil Service Commission granted the statutory right to appeal.
"[t]he right to appeal is not a natural right [or] a part of due process; it is merely a statutory
privilege, and may be exercised only in the manner and in accordance with the provisions of the law."
If it is not granted by the Constitution, it can only be availed of when a statute provides for it. When
made available by law or regulation, however, a person cannot be deprived of that right to appeal.
Otherwise, there will be a violation of the constitutional requirement of due process of law.
As a general rule, laws have no retroactive effect. But there are certain recognized exceptions,
such as when they are remedial or procedural in nature. This Court explained this exception in the
following language:
It is true that under the Civil Code of the Philippines, "(l)aws shall have no retroactive effect,
unless the contrary is provided. But there are settled exceptions to this general rule, such as when the
statute is CURATIVE or REMEDIAL in nature or when it CREATES NEW RIGHTS.
On the other hand, remedial or procedural laws, i.e., those statutes relating to remedies or
modes of procedure, which do not create new or take away vested rights, but only operate in
furtherance of the remedy or confirmation of such rights, ordinarily do not come within the legal
meaning of a retrospective law, nor within the general rule against the retrospective operation of
statutes.
Thus, procedural laws may operate retroactively as to pending proceedings even without
express provision to that effect. Accordingly, rules of procedure can apply to cases pending at the time
of their enactment. In fact, statutes regulating the procedure of the courts will be applied on actions
undetermined at the time of their effectivity. Procedural laws are retrospective in that sense and to that
extent