Overview
This lecture explains the differences between substantive law and procedural law, highlighting their definitions, purposes, and examples relevant to criminal cases.
Substantive Law
- Substantive law defines how people are expected to behave in society.
- It determines what acts constitute crimes and the corresponding punishments.
- Substantive law also outlines the rights and responsibilities of citizens.
- In criminal cases, it governs the determination of guilt or innocence.
- The Revised Penal Code is an example of substantive law, listing crimes, their elements, and punishments.
Procedural (Remedial) Law
- Procedural law prescribes the methods for enforcing rights or seeking remedies for violations.
- It governs how court proceedings are conducted to enforce substantive laws.
- Procedural law ensures adherence to due process, meaning fair treatment through the judicial system.
- Examples include rules for filing cases, determining who can file, and court procedures.
- The Rules of Court, issued by the Supreme Court, serve as procedural law and carry the effect of law.
Legal Changes and Authority
- Both substantive and procedural laws can be changed by Supreme Court decisions and constitutional interpretation.
Key Terms & Definitions
- Substantive Law — laws defining crimes, punishments, rights, and responsibilities.
- Procedural Law — laws governing the process of enforcing rights and conducting court proceedings.
- Due Process — the legal requirement for fair treatment before deprivation of rights.
- Revised Penal Code — a substantive law listing crimes and punishments.
- Rules of Court — procedural rules for court processes, issued by the Supreme Court.
Action Items / Next Steps
- Review examples in the Revised Penal Code and Rules of Court.
- Prepare questions regarding the distinction between substantive and procedural law for the next class.