Evidence — Basic Concepts in Evidence

1.0 Remedial Law

  • Remedial law lays down the methods by which those rights or obligations arising from substantive law are protected, enforced and given effect.


2.0 Substantive Law

  • Substantive law creates, defines, and regulates rights concerning life, liberty, and property.

  • Substantive law is that part of the law which creates, defines and regulates rights, or ·which regulates the right and duties which give rise to a cause of action; that part of the law which courts are established to administer; as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtain redress for their invasions.


3.0 Rule Making Power of the Supreme Court

  • Pursuant to Section 5(5), Article VJ Il of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning: PPPP-AIL

    1. Protection and enforcement of the constitutional rights

    2. Pleading

    3. Practice

    4. Procedure in all courts

    5. Admission to practice of law 

    6. Integrated bar 

    7. Legal assistance to underprivileged


4.0 Limitations in the Rule-Making Power of the Supreme Court

  • The rule making power of the Supreme Court is exclusive. 

    • It is not shared with Congress, more so with the executive.

    • The 1987 Constitution textually altered the power-sharing scheme under the previous charters by deleting in Section 5(5) of Article VIII Congress' subsidiary and corrective power.

    • This glaring and fundamental omission led the Court to observe in Echegaray v. Secretary of Justice that this Court's power to promulgate judicial rules “is no longer shared by this Court with Congress.”

  • The rule making power of the Supreme Court was expanded. 

    • The Supreme Court for the first time was given the power to promulgate rules concerning the protection and enforcement of constitutional rights. 

    • The Court was also granted for the first time the power to disapprove rules of procedure of special courts and quasi-judicial bodies. 

    • But most importantly, the 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules concerning pleading, practice and procedure. In fine, the power to promulgate rules of pleading, practice and procedure is no longer shared by with Congress, more so with the Executive.


5.0 The Rules of Court as Promulgated by the Supreme Court

  1. Rules of Civil Procedure — Rules 1-71 

  2. Special Proceedings —Rules 72-109

  3. Rules of Criminal Procedure — Rules 110-127 

  4. Rules on Evidence — Rules 128-134 

  5. Legal Ethics — Rules 135-144

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