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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: SoftGuard Technologies, Inc. sues its former sales agent for breach of a confidentiality and non-compete agreement, seeking monetary damages and a writ of preliminary attachment to secure payment during the pendency of the action, as well as a preliminary injunction to prevent the agent from disseminating or using SoftGuard's confidential information. The agent contends that provisional remedies are inappropriate for contractual claims and that the dispute concerns substantive contract rights rather than Remedial Law. (a) State the concept and nature of Remedial Law in the Philippines and its relation to Substantive Law. (b) Distinguish Remedial Law from Substantive Law. (c) Apply to the facts: Which procedural rule(s) and remedies under Remedial Law govern SoftGuard's action for collection and the provisional attachment, and what steps must SoftGuard take to obtain relief?

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Remedial Law governs it; SoftGuard may seek provisional remedies such as a writ of attachment and a preliminary injunction; to obtain relief, SoftGuard must file the action with a verified complaint and a separate motion for provisional relief supported by affidavits, present probable cause and irreparable injury, and, if attachment is granted, post a bond; TRO may be issued ex parte for immediate harm, followed by a hearing on a preliminary injunction. Remedial Law does not apply to a purely contractual claim for damages; SoftGuard must pursue collection under substantive contract law and cannot obtain provisional relief. A provisional remedy like an attachment can be granted only after a full trial on the merits has begun; provisional reliefs are unavailable in the interim. Provisional remedies are limited to real property disputes; in a confidential information breach case, such remedies are not available.

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