The main difference between substantive law and procedural law
lies in their functions within the legal system:
1. Substantive Law
Definition: Substantive law defines the rights and duties of
individuals and collective bodies.
Purpose: It determines what actions are legal or illegal, and what
legal relationships people can have.
Examples:
Laws defining crimes (e.g., theft, murder)
Contract law (rights and obligations in agreements)
Property law (ownership rights)
✅ Think of it as: "What the law is."
2. Procedural Law
Definition: Procedural law provides the processes and methods for
enforcing substantive law.
Purpose: It outlines how legal cases are processed, including how
lawsuits are filed, trials are conducted, and judgments are enforced.
Examples:
Rules of evidence
Rules for filing a lawsuit
Steps in a criminal trial
✅ Think of it as: "How the law is enforced."
In Simple Terms:
Substantive Law: Tells you your rights and obligations.
Procedural Law: Tells you how to protect or enforce those rights.
Let me know if you want a comparison table or examples in a
specific legal context!
Here's a comparison table of Substantive Law and Procedural
Law in the context of the Philippine legal system:
Substantive Law Procedural Law
Aspect
(Philippines) (Philippines)
Law that creates, Law that prescribes the
Definition defines, and regulates method of enforcing rights
rights and duties. or obtaining redress.
Determines what is Provides rules and steps
Purpose legal or illegal, and the in conducting litigation or
consequences. legal proceedings.
Substantive Law Procedural Law
Aspect
(Philippines) (Philippines)
Found in the Civil Code, Found in the Rules of
Legal Basis Revised Penal Code, Court and other
and special laws. procedural statutes.
- Revised Penal Code - 1997 Rules of Civil
(e.g., theft, homicide) Procedure
Examples - Civil Code (e.g., - Rules of Criminal
contracts, family law) Procedure
- Labor Code - Rules on Evidence
Determines rights,
Governs how cases are
duties, and liabilities
Application filed, tried, and
of individuals and
resolved in courts.
entities.
Used to determine
Used to decide the
admissibility of
Judicial Focus merits of the case
evidence, jurisdiction,
(guilt, liability, etc.).
due process.
Promulgated by the
Government Enacted by Congress
Supreme Court under its
Authority (statutory law).
rule-making power.
Amended more often to
Change Changes less frequently; improve court efficiency
Frequency more stable over time. and adapt to legal
reforms.
The Rules of Court outline
Example A law defines murder
how a murder trial is
Scenario and its penalty.
conducted.
Focuses on the
Focuses on the
Key Principle procedure to apply those
substance of laws.
laws.
