Nature of remedial law

When we ask: what is the nature of remedial law, we want to know what kind of law it is.

Remedial law is procedural in nature, in that it is the "how to" counterpart of substantive law. Substantive laws create rights and impose obligations, while remedial laws show us how to protect or enforce those rights, or to seek redress if there is a violation.

For example, let's talk about the right of a child to financial support. There is a law creating this right, and that is the Family Code. Here are some provisions:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

These two provisions from the Family Code show us who have the right to be supported, and who are obliged to give support. This is substantive law.

How do you enforce this right in case the person bound to give support does not do so? This is procedural law.

The procedure is found in AM No. 21-03-03-SC entitled "Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support" that took effect on May 31, 2021. A complaint must be filed by the plaintiff; the defendant must file an answer. Pre-trial and trial will be held, then the court will render judgment.

For a good write-up about the nature of remedial law, also known as adjective law, read this post entitled "adjective law - Meaning in Law and Legal Documents, Examples and FAQs".