8/3/2019 gai new
1/3
a) To evaluate the standards of the legal profession;
b) To improve the administration of justice; and
c) To enable the bar to discharge its public responsibility more
effectively.
7. Legal assistance to the underprivileged. Poor and uniformed
litigants are entitled to
legal assistance from the government in defending or enforcing
their rights to redress the
imbalance between the parties in civil and criminal cases. For
instance, they are given
lawyers, free of charge, to represent them and are exempted from
paying court fees. Without
governmental help, victims of injustice may take the law in
their own hands to vindicate their
rights. The consequent mistrust of the judicial process paves
the way to the breakdown of the
law.
The rules concerning legal assistance to the underprivileged
must assure that free accessto the courts and quasi-judicial bodies
is not denied to any person by reason of poverty. (Art.
III, Sec. 11.). the observance of this constitutional mandate
will go a long way in instilling in
the people faith in our justice delivery system as the haven of
their rights and freedom.
Limitations on the Rule-making Power of the Supreme Court.
They are the following:
1. Such rules shall provide a simplified and inexpensive
procedure for the speedydisposition of cases;
2. They shall be uniform for all courts of the same grade;
and
3. They shall not diminish, increase, or modify substantive
rights (as distinguished from
procedural rights). (Sec. 5[5].)
Congress has the power to repeal, alter or amend such rules.
Substantive and Procedural Law/rights distinguished.
1. Substantive law is that part of the law which creates,
defines, and regulates rights
concerning life, liberty, or property, or the powers of agencies
or instrumentalities for the
administration of public affairs, whereas adjective or remedial
(or procedural) law is that
part which prescribes the method of enforcing rights or
obtaining redress for their
violation. Examples of substantive law are the Civil Code,
National Internal Revenue
8/3/2019 gai new
2/3
Code, Revised Penal Code (criminal law), and the constitution.
The adjective law in the
Philippines is governed by the Rules of Court promulgated by the
Supreme Court and by
special laws. It necessarily includes the rules relating to
courts and their jurisdiction,
pleadings (supra.), remedies, trial, and evidence. (supra.)
From the foregoing discussion, it is plain that the substantive
law is useless without the
adjective law, as it will simply be a collection of
unenforceable rights and duties, while
without the substantive law, the adjective law would have no
reason for its existence, as it
would merely provide for the enforcement of rights which are not
prescribed.
2. Substantive rights are rights which substantive law declares
or rights concerning life,
liberty or property. Examples are the rights provided in Article
III (Bill of Rights) of the
Constitution. Procedural rights, on the other hand, refer to the
remedies or means by
which an aggrieved party, whose (substantive) rights have been
violated, may bring hiscase to suit, trial, and judgment. An
example is the right of a party to appeal a decision of
a lower court to a higher court.
3. In some cases, however, a right cannot be neatly classified
as substantive or
procedural. This is particularly true with respect to the
constitutional rights of the accused
(see Art. III, Sec. 15-22.) which are implemented by the Rules
of Court.
Appointment of Officials and Employees
The Supreme Court ahs the power to appoint all officials and
employees of the judiciary
in accordance with the Civil Service Law. (Sec. 5[6]; see Art.
IX, A-Sec. 8; B-Secs. 2[2], 6-8.).
this authority further enhances its independence as envisioned
by the Constitution. It was
formerly provided by law. Once appointed, they shall be entitled
to the protection of the
provisions of the Constitution on Civil Service. (Ibid.,
Sec.2[3], infra.)
It should be recalled that Congress may, by law, vest in courts,
authority to appoint other
officers lower in rank in the judiciary. (see Art. VII, Sec.
16.)
Sec. 6. The Supreme Court shall have administrative supervision
over all courts and the
personnel therof.
