I. Nature, Scope, and Sources of Remedial Law

Remedial law governs the methods of enforcing rights or obtaining redress for their violation. It includes rules on procedure in courts and quasi-judicial bodies, evidence, special proceedings, and alternative dispute resolution where applicable. It is generally prospective in application because procedural rules regulate the conduct of actions, not the creation of rights; however, it cannot impair vested rights, offend due process, or apply where it would work injustice.

Hierarchy of rules (typical bar framing):

Constitution (due process, equal protection, right against self-incrimination, right to counsel, speedy disposition, etc.).
Rules of Court (as amended).
Statutes and special rules (e.g., jurisdictional statutes; rules on small claims; rules on writs).
Jurisprudence (interpretation; doctrine on remedies and procedure).
Court issuances (administrative matters).

Core bar habit: Always ask—(a) what court/body has jurisdiction, (b) what remedy is proper, (c) what is the period, (d) what are the requisites, (e) what is the effect if you choose the wrong remedy.

Sample questions

Differentiate substantive and remedial law. Is remedial law retroactive? Explain exceptions.
A procedural rule is amended while a case is pending. Which rule applies and why?

II. Jurisdiction, Venue, and the Court Structure

A. Jurisdiction vs. venue

Jurisdiction: power conferred by law; cannot be waived by parties (subject matter jurisdiction).
Venue: place of trial; generally procedural and may be waived, unless the rule or contract makes it exclusive and valid.

B. Subject matter jurisdiction and the “docket rule”

Jurisdiction is determined by allegations in the complaint and the law at filing.
Filing fees matter; failure to pay correct fees may affect lien/collection and (in some settings) may have jurisdictional implications depending on rule/doctrine applied in context—bar answers should focus on the safer: pay correct fees; court may allow assessment; do not game valuation.

C. Courts and original/appellate jurisdiction (bar-level overview)

First-level courts (MTC/MeTC/MCTC): civil cases within threshold; ejectment; certain probate within threshold; small claims; summary procedure cases; criminal cases with lower penalties.
RTC: general jurisdiction for civil and criminal; special civil actions; probate above threshold; land registration; family courts where designated.
CA: appeals; special civil actions vs RTC and quasi-judicial agencies as provided.
Sandiganbayan: cases involving certain public officers and offenses as defined by law.
CTA: tax cases.
SC: review and original special writs; rule-making power.

D. Venue basics (civil)

Real actions: where property (or portion) is situated.
Personal actions: where plaintiff or defendant resides (at plaintiff’s election, subject to rules).
Corporations: principal office or where it may be served depending on rule; bar answers should identify controlling rule and facts (principal office, residence of parties, situs of property).

Sample questions

Distinguish jurisdiction from venue. Give examples of waivable vs non-waivable defects.
A complaint seeks recovery of possession of land plus damages. Is it real or personal? Determine venue and court.
A case is filed in the wrong venue. What is the remedy? What if defendant answers without objecting?

III. Civil Procedure (Rules 1–71): Bar Favorites

A. Cause of action, splitting, joinder, and parties

Cause of action: act/omission violating a right.
Splitting a cause of action is prohibited; remedies include dismissal or bar by res judicata.
Joinder of causes allowed subject to jurisdiction and rules.
Necessary vs indispensable parties: indispensable party’s absence is fatal; necessary party should be joined if feasible.

Sample questions

Define cause of action. What is splitting a cause of action? Effects?
Who are indispensable parties in an action to annul a deed of sale of co-owned property?
A sues B for unpaid rent for Jan–Jun. Later sues for Feb–Apr. What defenses?

B. Pleadings: complaint, answer, defenses, counterclaims

1) Motions and pleading discipline

Know which matters are raised by motion to dismiss (now generally by motion or as affirmative defenses, depending on the rule set applied) and which must be raised in the answer or risk waiver (except lack of subject matter jurisdiction, litis pendentia/res judicata in some contexts, etc., depending on doctrine and rules).

2) Counterclaims

Compulsory: arises out of the same transaction/occurrence and is within the court’s jurisdiction; generally barred if not raised.
Permissive: not arising out of the same transaction; may be raised separately; filing fees apply.

3) Negative pregnant, actionable document, and specific denials

Denials must be specific, addressing material averments.
If pleading based on an actionable document, proper denial must be under oath (subject to recognized exceptions).

Sample questions

Differentiate compulsory and permissive counterclaims. Effects of failure to plead each.
What is an actionable document? How is it properly contested?
A defendant alleges “plaintiff has no cause of action” in the answer. Is it a factual or legal defense? How resolved?

C. Service and filing; summons

Summons is the means to acquire jurisdiction over the person of defendant.
Modes of service depend on rules and feasibility; bar answers should identify: personal service preferred; substituted service with strict requisites; service to entities through authorized persons; service by publication only in specific cases and with leave when required.

Sample questions

When is substituted service valid? State requisites.
How is summons served upon a domestic corporation? foreign corporation? public officer?
What is the effect of voluntary appearance?

D. Motions: litmus topics

Motion for bill of particulars (clarify vague matters; suspends period to respond under proper circumstances).
Motion to dismiss / affirmative defenses: bar questions test waiver and timing.
Motion for reconsideration / new trial: grounds and periods.
Demurrer to evidence (civil: after plaintiff rests; effect; leave of court implications).

Sample questions

When is a bill of particulars proper? What is its effect on periods?
Distinguish motion for new trial and motion for reconsideration in civil cases.
A defendant files demurrer to evidence without leave and it is denied. What happens next?

E. Pre-trial, discovery, and sanctions

Pre-trial is mandatory; failure to appear has serious consequences:

Plaintiff’s non-appearance: dismissal (often with prejudice, subject to rules).
Defendant’s non-appearance: plaintiff may be allowed to present evidence ex parte; defendant may be declared in default in some contexts depending on rule application.

Discovery tools:

Depositions (oral/written).
Interrogatories.
Request for admission (crucial: failure to respond may result in implied admission).
Production/inspection.
Physical/mental examination.

Bar examiners love sanctions and proper sequence (e.g., written interrogatories before depositions in some settings; request for admission as pre-trial tool).

Sample questions

What are the objectives of pre-trial? Effects of non-appearance by plaintiff/defendant?
Differentiate interrogatories and request for admission. What are the consequences of failure to answer each?
When may a court issue protective orders in discovery?

F. Default

Default is a sanction for failure to answer in time.
Effects: defendant loses standing to take part in trial but may receive notices; can participate in limited ways (e.g., cross-examine in some circumstances if allowed; present evidence in certain settings; but bar answers should be conservative and tie to rule text).
Remedies: motion to lift order of default (show fraud, accident, mistake, excusable negligence plus meritorious defense), MR, appeal, or petition for relief where applicable.

Sample questions

What are the remedies of a defendant declared in default? Include periods and requisites.
Is default available in annulment of marriage or legal separation? Explain.

G. Judgments; execution; remedies post-judgment

Finality and execution are core:

Judgment becomes final after lapse of period to appeal without appeal, or after denial of proper post-judgment motions.
Execution as a matter of right: when judgment is final and executory.
Execution pending appeal: requires “good reasons” and is discretionary.
Third-party claim (terceria) and sheriff’s remedies.
Garnishment and levy.

Remedies:

Appeal (ordinary appeal, petition for review, etc.).
MR / new trial.
Petition for relief from judgment (when available; strict requirements and periods).
Annulment of judgment (extraordinary; specific grounds like lack of jurisdiction or extrinsic fraud; no adequate remedy).

Sample questions

Differentiate execution as a matter of right, discretionary execution, and execution pending appeal.
What is a third-party claim? How asserted?
When is annulment of judgment proper? How does it differ from petition for relief?

H. Appeals: modes and where to go

Bar questions often present a decision and ask: what mode of appeal and where filed.

From MTC to RTC: ordinary appeal.
From RTC to CA: ordinary appeal or petition for review depending on case type and rule.
From CA to SC: petition for review on certiorari (Rule 45) generally on questions of law.
Special bodies: petition for review where provided (CTA, etc.).

Sample questions

RTC renders decision in an appealed MTC case. Where is the next appeal? Mode?
Differentiate appeal by notice of appeal, record on appeal, and petition for review.
What are “questions of law” vs “questions of fact” for purposes of Rule 45?

IV. Special Civil Actions: the “Big Writs” and Judicial Review Tools

A. Certiorari, prohibition, mandamus (Rule 65)

These are the most-tested.

Certiorari: corrects acts of tribunal/officer exercising judicial or quasi-judicial functions committed with grave abuse of discretion and where there is no appeal or any plain, speedy, and adequate remedy.

Prohibition: prevents future acts in excess/lack of jurisdiction.

Mandamus: compels performance of a ministerial duty; not used to control discretion unless discretion is gravely abused and duty to act exists.

Golden bar points:

Rule 65 is not a substitute for appeal.
Observe periods, forum, and verification/certification requirements where applicable.
Distinguish from Rule 45.

Sample questions

Distinguish Rule 45 from Rule 65.
What is grave abuse of discretion? Give examples.
A party lost appeal period due to counsel’s negligence. Can certiorari revive it?

B. Declaratory relief; quieting of title (Rule 63 and related)

Declaratory relief is preventive: before breach/violation; seeks construction/validity of instrument/statute.
If breach already occurred, convert to ordinary action.

Sample questions

When is declaratory relief proper? What if breach has occurred?

C. Interpleader

Stakeholder with conflicting claims asks court to compel claimants to litigate.

Sample questions

What are the requisites of interpleader?

D. Foreclosure; expropriation; partition; ejectment (overview)

Ejectment (forcible entry/unlawful detainer): summary; jurisdiction often with first-level courts; strict pleading of dates and possession.
Partition: co-ownership; indispensable parties; accounting.
Expropriation: two-stage (authority/public use; just compensation).

Sample questions

Differentiate forcible entry and unlawful detainer; what allegations are essential?
In expropriation, what are the two stages and what issues are resolved in each?

V. Provisional Remedies

Most common: preliminary attachment, preliminary injunction/TRO, receivership, replevin, support pendente lite.

A. Preliminary attachment

Secures satisfaction of judgment by levying on property.
Requires affidavit, bond, and statutory grounds (e.g., fraud, absconding, disposing assets).

Sample questions

What are requisites for preliminary attachment? What is the effect of insufficient affidavit/bond?

B. Injunction and TRO

Prevents threatened injury; requires clear right and urgent necessity.
TRO is temporary; injunction requires hearing.

Sample questions

Distinguish TRO and preliminary injunction. What must be shown for issuance?

C. Replevin

Recovery of personal property with provisional seizure; requires affidavit and bond.
Bar pitfalls: property must be described; value stated; entitlement shown.

Sample questions

What are the requisites and procedure for replevin?

VI. Criminal Procedure (Rules 110–127): What Examiners Recycle

A. Jurisdiction; institution of criminal actions

Criminal actions are generally instituted by filing complaint or information, depending on the case.
Private offended party’s role is mainly in civil aspect; prosecution is in the name of the People.

Sample questions

Who may file a complaint? Distinguish complaint vs information.
When is a criminal action deemed instituted with the civil action? Exceptions?

B. Arrest, search, and seizure (Constitution + rules)

C. Bail

A matter of right vs discretion depends on stage and offense/penalty.
In capital offenses or offenses punishable by reclusion perpetua/life imprisonment, bail is discretionary and requires hearing to determine evidence of guilt is strong.

Sample questions

When is bail a matter of right? When discretionary?
What is the procedure in a bail application for a capital offense?

D. Arraignment and plea; pre-trial in criminal cases

Arraignment requires accused to be informed of charge; occurs before trial; presence required.
Plea bargaining may be allowed under rules and jurisprudence; bar answers: emphasize court approval and prosecutor/offended party considerations as applicable.

Sample questions

What are requisites of valid arraignment? What if accused refuses to plead?
What issues are covered in criminal pre-trial?

E. Motions: quashal; dismissal; demurrer to evidence

Motion to quash grounds include: facts not constituting offense, lack of jurisdiction, extinction of offense, double jeopardy, etc.

Demurrer to evidence (criminal):

After prosecution rests.
With leave: accused may still present evidence if denied.
Without leave: waiver of right to present evidence if denied.

Sample questions

List grounds for motion to quash and classify which are waivable and which are not.
Explain demurrer to evidence and its effects with/without leave.

F. Double jeopardy

Frequently tested with dismissals:

Jeopardy attaches when: valid complaint/information, court of competent jurisdiction, accused arraigned and entered plea, and case dismissed/terminated without accused’s express consent (with nuances).
Exceptions: mistrial, dismissal upon accused’s motion, void proceedings, etc.

Sample questions

When does double jeopardy attach?
Accused moves to dismiss due to violation of speedy trial, and case dismissed. Can prosecution appeal/refile? Analyze.

G. Judgment; remedies

Appeal by accused (subject to rules).
Prosecution’s remedies are limited due to double jeopardy; may use certiorari in cases of grave abuse where no jeopardy attached or dismissal void.

Sample questions

Can the prosecution appeal an acquittal? If not, what remedy (if any) exists and when?

VII. Evidence (Rules 128–133): Always Appears, Often Decisive

A. Relevance and admissibility; objections

Evidence must be relevant and competent.
Objections must be timely; specify grounds.
Offer of evidence and ruling required; bar questions test when to object and what happens if you fail.

Sample questions

Differentiate relevance and materiality. Must evidence be both?
When must objections be made? Effects of failure?

B. Judicial notice; judicial admissions

Judicial admissions in pleadings bind the party unless withdrawn by leave and justified.
Judicial notice: matters of public knowledge, capable of unquestionable demonstration, or ought to be known due to judicial functions.

Sample questions

Distinguish judicial notice and judicial admission. Provide examples.

C. Burden of proof vs burden of evidence; presumptions

Burden of proof stays with party asserting.
Burden of evidence shifts as prima facie cases are established.

Sample questions

Differentiate burden of proof and burden of evidence.

D. Competency and credibility of witnesses

Disqualifications and privileges: marital communications, attorney-client, priest-penitent, doctor-patient (as recognized), etc.
Dead Man’s Statute: frequently tested in claims against estates.
Impeachment: prior inconsistent statements, bias, conviction, etc.

Sample questions

Explain the Dead Man’s Statute. When does it apply?
Differentiate competency from credibility.

E. Hearsay rule and exceptions

Definition and rationale.
Common exceptions: dying declaration, declaration against interest, entries in the course of business, official records, res gestae, learned treatises (as allowed), etc.
Bar trick: whether statement is offered for truth or for another purpose (state of mind, effect on listener).

Sample questions

Define hearsay. A witness testifies “X told me Y.” Is it hearsay? Analyze purpose.
What are requisites of dying declaration?

F. Best evidence rule; parol evidence rule

Best evidence rule: contents of writing must be proved by original unless exceptions.
Parol evidence rule: between parties and privies, cannot vary terms of written agreement except under recognized exceptions (ambiguity, mistake, fraud, failure to express true intent).

Sample questions

Differentiate best evidence rule and parol evidence rule.
When may secondary evidence of a document be admitted?

G. Authentication; public vs private documents

Public documents generally self-authenticating; private documents require proof of due execution/authenticity.
Electronic evidence issues are often folded into authentication requirements; bar answers should anchor on: integrity, reliability, and proper identification.

Sample questions

How do you authenticate a private document?
Are photocopies admissible? Under what conditions?

VIII. Special Proceedings: Probate, Settlement, Guardianship, Adoption, Habeas Corpus

A. Settlement of estate of deceased persons

Testate vs intestate.
Executor/administrator roles; inventory; claims against estate; order of payment.
Jurisdiction/venue typically tied to decedent’s residence at death (bar favorite).
Distinguish extrajudicial settlement vs judicial settlement; requirements for publication, bond, and when permissible.

Sample questions

Where is venue proper for estate settlement? What if decedent was a non-resident?
When is extrajudicial settlement allowed? What are requisites and effects on heirs/creditors?
Explain the procedure for filing claims against the estate.

B. Guardianship and custody-related proceedings

Guardianship for minors/incapacitated; standards, best interest, and court supervision.

Sample questions

Who may petition for guardianship and what must be shown?

C. Adoption (conceptual)

Adversarial vs non-adversarial aspects; best interest of child; effects of adoption.

Sample questions

State the legal effects of adoption on parental authority and succession.

D. Habeas corpus

Remedy for unlawful restraint or deprivation of liberty; not substitute for appeal; may be used in custody cases involving minors.

Sample questions

When is habeas corpus proper? When is it not?
A person is detained by a private individual. Is habeas corpus available?

IX. Writs and Special Remedies: Bar “Essay Gold”

A. Writ of Amparo

Designed to protect rights to life, liberty, and security against unlawful acts or omissions of public officials or private individuals under certain conditions. Bar answers should cover:

Who may file (aggrieved party; immediate family; relatives within defined degrees; concerned citizens under conditions).
Standard of diligence (often framed as extraordinary diligence for public officials, ordinary diligence for private individuals in discussions).
Reliefs: protection orders, inspection orders, production orders, witness protection, etc.

Sample questions

When is the writ of amparo proper? What reliefs may the court grant?
Against whom may it be filed? What is the required standard of diligence?

B. Writ of Habeas Data

Protects privacy in life, liberty, or security against unlawful collection, storage, or use of information. Typical bar issues:

Data gathering by state agents or private entities; reliefs include updating, rectifying, destroying data.

Sample questions

Differentiate habeas data from amparo. When is each proper?

C. Writ of Kalikasan (environmental)

For environmental damage of such magnitude affecting two or more cities/provinces. Bar points:

Standing, scope, and reliefs (preventive/curative measures, but damages typically pursued separately unless rules allow certain reliefs).

Sample questions

When may the writ of kalikasan issue? Who has standing? What court has jurisdiction?

X. ADR and Court-Annexed Processes (Common Remedial Crossovers)

Even when not labeled as “ADR,” remedial law essays often test:

Mandatory mediation/conciliation in certain cases.
Barangay conciliation as a pre-condition to filing some disputes (subject to exceptions like government parties, urgent relief, non-residents, etc.).
Arbitration: limited judicial intervention; enforcement and setting aside of awards under defined grounds.

Sample questions

When is barangay conciliation a condition precedent? What are common exceptions?
What is the court’s role in arbitration awards—when may it intervene?

XI. Ethical and Practical Bar Traps in Remedial Law (How Questions Are “Really” Asked)

1) Wrong remedy, wrong forum, wrong timing

Many bar questions are designed so that:

The remedy is appeal, but the examinee mistakenly uses certiorari.
The case requires special civil action, but examinee files ordinary civil action.
The remedy is available, but period is missed.

Sample question

RTC denies a motion; remedy is appealable only after judgment. Party files certiorari immediately. Resolve.

2) Waiver and procedural default

Failure to object to jurisdiction over person (e.g., by voluntary appearance or failing to timely object).
Failure to object to evidence (waiver).
Failure to raise compulsory counterclaim.

Sample question

Defendant answered without objecting to defective summons. Later moves to dismiss for lack of jurisdiction over person. Rule.

3) Due process framing

Procedural errors are often tested through due process:

Lack of notice and hearing in injunction.
Denial of day in court due to default without proper service.

Sample question

A court issues an injunction without hearing. Is it void? What remedy?

XII. Comprehensive Sample Essay/Problem Set (Bar Style)

Problem 1: Civil + Provisional Remedy + Evidence

A files a complaint for recovery of a vehicle (personal property) allegedly withheld by B. A claims ownership through a deed of sale. B says the deed is fake and that A obtained the vehicle by fraud. A applies for replevin.

Questions

What provisional remedy is proper? State requisites and required documents.
What defenses may B raise to oppose the remedy?
If A presents only a photocopy of the deed, what rule applies? When is it admissible?
If B does not answer the complaint, what may A do? What is the effect of default?

Problem 2: Criminal + Search/Seizure + Exclusion + Bail

Police received a tip that X sells drugs. They set up surveillance. They saw X hand a small sachet to Y in exchange for cash. Police immediately arrested X and searched his bag, finding more sachets.

Questions

Was the warrantless arrest valid? Identify the ground.
Was the search valid as an incident to arrest? What limits apply?
If the arrest was invalid, what is the effect on the seized items?
If charged with an offense punishable by reclusion perpetua, is bail a matter of right?

Problem 3: Rule 65 vs Appeal

RTC renders judgment against D. D files a notice of appeal late and then files certiorari alleging grave abuse of discretion in the judgment.

Questions

Is certiorari a substitute for a lost appeal? Explain.
When is certiorari proper despite availability of appeal?
What must D show to prosper?

Problem 4: Special Proceedings (Estate)

Z dies leaving properties in two provinces. He resided in Province A at the time of death. Heirs in Province B filed a petition for settlement there, alleging convenience. A creditor in Province A files a claim in Province A.

Questions

Where is proper venue for settlement? What is the effect of filing in the wrong venue?
Can a creditor file claims outside the settlement court?
When is extrajudicial settlement allowed, and how are creditors protected?

Problem 5: Amparo/Habeas Data

Journalist J receives threats and believes she is being monitored. Unknown persons repeatedly tail her; her private messages are leaked online. She suspects involvement of local officials but has no direct proof.

Questions

Which writ(s) may be availed of—amparo, habeas data, or both? Explain.
Against whom may it be filed?
What interim reliefs may be sought?

XIII. Quick-Recall Bar Checklists

Civil procedure checklist

Court and jurisdiction
Cause of action; parties
Proper pleading and defenses
Service and summons
Pre-trial and discovery
Trial incidents; evidence handling
Judgment; execution
Post-judgment remedies and appeal mode

Criminal procedure checklist

How instituted; jurisdiction
Arrest/search validity
Bail
Arraignment and pre-trial
Trial; demurrer; dismissal
Judgment; double jeopardy constraints
Appeal and extraordinary remedies

Evidence checklist

Relevance and objection timing
Admissions and judicial notice
Hearsay and exceptions
Best evidence and parol evidence
Authentication of documents
Burdens and presumptions

Special proceedings checklist

Venue/jurisdiction
Notice/publication requirements
Parties/standing
Claims procedure and timelines
Orders, finality, and remedies

XIV. High-Yield “One-Liners” (Memorize the Logic, Not the Words)

Rule 65 is exceptional: use it only when there is no appeal or adequate remedy, and there is grave abuse.
Default punishes failure to answer, but it does not automatically mean the plaintiff wins without proof (especially where proof is required).
Hearsay depends on purpose: if offered for truth, presumptively hearsay; if offered for effect/state of mind, analyze carefully.
Jurisdiction is legal power; venue is convenience—but venue can be fatal when the rule makes it exclusive.
Execution follows finality, unless the rules allow discretionary or pending-appeal execution under strict conditions.
In criminal cases, double jeopardy limits the State’s remedies; certiorari is narrow and exceptional.

XV. Suggested Answer Framework for Any Remedial Law Essay

Identify the governing rule/doctrine (civil, criminal, evidence, special proceedings, special civil action).
State the issue (jurisdiction? proper remedy? period? requisites? effect?).
Apply to facts (pinpoint the controlling facts: dates, service, stage of case).
Conclude with remedy and result (what should be filed, where, when, and why; what happens if wrong).