the benchbook

compiled by: raj

INTRODUCTION
I. JUDICIAL POWER AND THE ROLE OF THE JUDICIARY1[1] The Philippine Constitution vests judicial power in one Supreme Court and in such lower courts as may be established by law.2[2] Judicial power is described by the same section of the Constitution as follows:
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

The use of the word 'includes' connotes that the provision is not an exhaustive enumeration of what is comprised in judicial power. The use of the word 'duty' emphasizes the obligation of the courts of justice to exercise the judicial power in actual controversies. The inclusion of the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government is in accord with the role of the judiciary as the last bulwark of the constitutional rights and liberties of the people. However, it does dispense with the doctrine that purely political questions are beyond the pale of judicial review. The importance of the Judiciary in Philippine society is succinctly spelled out in the Preamble of the Code of Judicial Conduct:3[3]
An honorable, competent and independent judiciary exists to administer justice and thus promote the unity of the country, the stability of government, and the well-being of the people.

This is an improvement of Canon 2 of the Canons of Judicial Ethics which provided that "The courts exist to promote justice; and thus to aid in securing the contentment and happiness of the people."4[4] The role of the Judiciary has been depicted in florid language
Nowhen as now is the duty of the Supreme Court in upholding the moral tenets of our Constitution and laws more imperative. In no idea is the moral sense more inherent and manifest than in justice. By the nature of their social function, the organs of judicial power are placed in the dominant position of the highest moral leadership. Never was the need of such moral leadership — inspired, dynamic, militant — felt with more acuteness than in the present stage of our travel toward national destiny. Wickedness and lack of scruples are on a rampage in every social strata, private and official. Flagrant violations of the fundamental law are committed with callous nonchalance, while robbery, banditry and gangsterism are practiced in broad daylight. Fundamental rights and privileges, liberties and immunities, whether private or official, are trampled down with satrapic insolence, while murders and wanton attacks against honor are perpetrated as exciting sport; graft, corruption, and absolute lack of principles in many high places; black market, gambling, shady negotiations, and exploitation of the innocent and the weak in some other spheres.

The ultimate hope to escape collapse must be pinned on the judiciary for the latter to fulfill with unrelentless straight-forwardness the duties of moral leadership entrusted to it by the Constitution. The judiciary should be the mighty euphroe that must link the loosened or severed moral cords and strengthen the bonds which will keep society from disintegrating.5[5]

Twenty-one years later, the Supreme Court came up with a more pragmatic description linking the judiciary to the rule of law, thus:
Law stands for order, for the peaceful and systematic adjustment of frictions and conflicts
1 2[2]

Excerpted from the draft on 'Judicial Ethics' by retired Court of Appeals Justice Hector L. Hofileña. Constitution, Art. VIII, Sec. 1. Promulgated by the Supreme Court of the Philippines on September 6, 1989.
[4] [5]

[1]

3[3]

4 5

Administrative Order No. 162, Department of Justice, August 1, 1948. Iloilo Provincial Warden, 78 Phil. 599 [1947], dissenting opinion of Justice Gregorio Perfecto.

unavoidable in a modern society with its complexities and clashing interests. The instrumentality for such balancing or harmonization is the judiciary and other agencies exercising quasi-judicial powers. When judicial or quasi-judicial tribunals speak, what they decree must be obeyed, what they ordain must be followed. A party dissatisfied may ask for a reconsideration and, if denied, may go on to a higher tribunal. As long as the orders stand unmodified, however, they must, even if susceptible to well-founded doubts on jurisdictional grounds, be faithfully complied with. Such is the way of the law. So it has been in the past. So it should continue to be. If it were otherwise, the intellect no longer holds sway, the dictates of moderation are ignored, and passion takes over.6[6]

In administering justice, the judiciary decides controversies between the party litigants. At the same time, it also contributes to the establishment of the Rule of Law without which there will be chaos in the community. What is more significant, however, is that the judiciary achieves such goal by relying on the moral force generated by the quality of its work in administering justice. It has been pointed out that:
Among the three powers of government, the judiciary is in the material sense the weakest. Although its function in society is as noble and important as the ones entrusted to the legislative and executive powers, and there is none loftier that our mind may conceive or to which the most ambitious heart may aspire, it needs the active and positive help of other agencies to make it effective. Congress must provide for the adequate budget, and the executive power the necessary force to make effective the orders and decisions of tribunals.

To compensate for that comparative physical weakness of the judicial power, it is necessary that judges and courts should acquire the unbounded moral force which springs from the general faith and confidence of government and people alike. That moral force, although intangible, immeasurable and imponderable, is as effective as any cosmic force, if not more. We hold as an axiom that spiritual energy is stronger than atomic energy, the mighty basic force of material universe. But to obtain and retain public faith and confidence, it is necessary that courts and judges should show by their acts that they are actually entitled to such faith and confidence. Recalcitrant insubordination and indiscipline are not the means. On the contrary, they will only provoke public suspicion and distrust, if not popular wrath and condemnation.7[7]

To gain and maintain such confidence of the people, the judiciary must, in the words of the Code of Judicial Conduct, be “honorable, competent and independent.” Having efficient judges is one of the basic means to achieve this end, and this Benchbook for Trial Court Judges aims to help judges attain that necessary efficiency. II. THE BENCHBOOK AS A TOOL FOR JUDGES Proceedings before courts can take different forms that are governed by different rules which cannot be found in any single law, or rule, but must often be taken from pronouncements of the Supreme Court or inferred from a process of reading rules together. While rules of procedure may appear to be straightforward and uncomplicated, jurisprudence uncovers nuances and introduces subtleties that are less obvious. Likewise, for Judges to dispense true and meaningful justice, they must have the ability to decide when it is proper to adhere to precedent, and when it would best serve the interests of justice to innovate. This is a balancing act that will defy even the most learned of jurists. Judges require a handy reminder of which rules are inflexible, and what principles provide the foundation for flexible rules. The printed Benchbook was born from the need for a single source of direct but complete answers to the most frequently raised questions. Its online counterpart promises to bring that utility to Judges across the Philippines. Experts in the relevant fields were tapped to compile the information in the Benchbook. They were assisted by personnel from the Supreme Court and the International Development Law Institute. Retired Supreme Court Justice Ameurfina A. Melencio Herrera, current Chancellor of the Philippine Judicial Academy, remarks that with the Benchbook, 'There should be less reason now for uncertainty in matters
6 [6]

7

Philippine Association of Free Labor Unions (PAFLU) v. Salvador, G. R. No. L-29471, September 28, 1968, 25 SCRA 393. [7] Talabon v. The Provincial Warden, 78 Phil. 599 [1947].

pertaining to remedial law principally, and, we hope, less reason to find judges remiss in their duty of applying the law correctly, intelligently and judiciously.' Court Administrator Alfredo L. Benipayo credits the Benchbook with 'providing a standard reference work that will tirelessly remind our judges of both the immutable fundamentals of the law and the ceaseless evolution of legal thought and jurisprudence.' The Benchbook thus 'makes it that much easier to strike that golden middle way between stability and dynamism.'

The Benchbook, however, is not the single solution to a Judge’s every problem. While the Benchbook is intended to enhance the quality of performance of Judges, constant learning by the Judge must complement its use. The Benchbook is thus nothing less, and nothing more, than a tool to help Judges dispense justice more efficiently, but the maximization of its potentials will depend on the skills of the Judge involved.

OUTLINE OF JURISDICTION

1. SUPREME COURT

A. Original

1. Exclusive

Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

1.1 Court of Appeals

1.2 Commission on Elections

1.3 Commission on Audit

1.4 Sandiganbayan

2. Concurrent

2.1 with Court of Appeals

Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

2.1.1 National Labor Relations Commission under the Labor Code (Section 9 of B. P. Blg. 129 as amended by RA 7902, St. Martin Funeral Homes v. National Labor Relations Commission, G. R. No. 130866, September 16, 1998, 295 SCRA 494)

Note: However, the petitions should be filed with the Court of Appeals; otherwise, they shall be dismissed. (A. M. No. 99-2-01-SC)

2.1.2 Civil Service Commission (RA 7902)

2.1.3 Central Board of Assessment Appeals (PD 464; Sec. 9 of BP 129 as amended by RA 7902)

2.1.4 Court of Tax Appeals and Quasi-Judicial Agencies (Rule 43, 1997 Rules of Civil Procedure)

2.1.5 Regional Trial Courts and lower courts

2.2 with the Court of Appeals and Regional Trial Courts

2.2.1 Petitions for habeas corpus and quo warranto

2.2.2 Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies (Sec. 9[1] and Sec. 21 [1] of BP 129; Vergara v. Suelto, No. L-74766, December 21, 1987, 156 SCRA 763 [1987])

2.3 with Regional Trial Courts

Actions affecting ambassadors and other public ministers and consuls (Sec. 5[1] Article VIII, Constitution, Sec. 21[2] of BP 129, Schneckenburger v. Moran, 63 Phil 249 [1936])

B. Appellate

1. Notice of Appeal

1.1 From Regional Trial Courts or the Sandiganbayan in all criminal cases involving offenses

for which the penalty imposed is reclusion perpetua or life imprisonment, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion (Sec. 17 of Judiciary Act of 1948: Sec. 9[3] of BP 129; Sec. 5[2-d], Article VIII, Constitution; Sec. 3[c] of Rule 122; Sec. 5 of RA 8249) Exception: People v. Plateros, No. L-37162, May 30, 1978, 83 SCRA 401

1.2 Automatic review in criminal cases where the death penalty is imposed by the Regional Trial Court or the Sandiganbayan (RA 7659 and 8249; Secs. 3 [d] and10 of Rule 122)

2. Petition for Review on Certiorari

2.1 Appeals from the Court of Appeals (Sec. 17 of Judiciary Act of 1948 as amended by RA 5440; Sec. 5[2] Article VIII, Constitution; Rule 45 of 1997 Rules of Civil Procedure)

2.2 Appeals from the Sandiganbayan on pure questions of law, except cases where the penalty imposed is reclusion perpetua, life imprisonment or death (Sec. 7 of PD 1606 as amended by RA 8249; Nuñez v. Sandiganbayan, Nos. L-50581-50617, January 20, 1982, 111 SCRA 433; Rule 45 Ibid.)

2.3 Appeals from Regional Trial Courts exercising original jurisdiction in the following cases:

2.3.1 If no question of fact is involved and the case involves-

a) Constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation

b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto

c) Jurisdiction of lower court

2.3.2 All cases in which only errors or questions of law are involved (Sec. 5[2-a,b,c, and e], Article VIII, Constitution, Sec. 9[3] of BP 129); Rule 45 Ibid; Sec. 2[c] of Rule 41; Sec. 3[e] of Rule 122)

3. Special Civil Action of Certiorari filed within thirty days against the following:

3.1 Commission on Elections (Sec. 7, Article IX-A Constitution; Aratuc v. Comelec, No. L49705-09, Feb. 8, 1979, 88 SCRA 251)

supra 2.2 with Supreme Court and Regional Trial Courts Refer to Sec. 17 subparagraph 4 of the fourth paragraph of the Judiciary Act of 1948 as amended.3 Appeals from decisions and final orders of the Family Courts. 9[3] of BP 129) 1.2 Appeals from Regional Trial Courts on constitutional.A. Rule 47 of 1997 Rules of Civil Procedure) 2. Exclusive Actions for annulment of judgments of Regional Trial Courts (Sec. 14 of RA 8369) 2. Petition for Review . (Sec. tax. Ordinary Appeal by Notice of Appeal or Record on Appeal 1.1 Appeals from Regional Trial Courts. 2(3) of 1-B above. 2. 1987 Constitution) (Rule 64. Original 1. which was not intended to be excluded by Sec. 2. 1997 Rules of Civil Procedure) 2. supra B. Court of Appeals A.1 with Supreme Court Refer to Sec.2 Commission on Audit (Ibid. Appellate 1. 1.1 above under I.3. 9[2] of BP 129. jurisdictional questions involving questions of fact which should be appealed first to the Court of Appeals (Sec.2 above under I. except those appealable to the Supreme Court under Sec.A. Concurrent 2.

Rule 43 of 1997 Rules of Civil Procedure) 2. 3. 19. Voluntary arbitrators authorized by law. 4. Sec. 5. 1998. Department of Agrarian Reform under RA 6657 12. 11. Government Service Insurance System 13. 2. 12. 14. Fabian v. 295 SCRA 470) 3. No. National Telecommunications Commission 11. Trademark and Technology Transfer) 8. 18. Energy Regulatory Board 10. 129742. Original 1. SANDIGANBAYAN A. 2.1 Appeals from the Civil Service Commission (RA 7902. Social Security Commission 6. Construction Industry Arbitration Commission 19. M. 17. 67 of RA 8371) 2.2. (A. 10. Philippine Atomic Energy Commission 17. National Electrification Administration 9.2 Appeals from Regional Trial Courts in cases appealed from Metropolitan Trial Courts and Municipal Circuit Trial Courts. 6. (Rule 43 of 1997 Rules of Civil Procedure) 1. No. 7. (Sec.5 Appeals from the Office of the Ombudsman in administrative disciplinary cases. 9. 13. 16. Intellectual Property Office (formerly the Bureau of Patents. Agricultural Inventions Board 15. G.R. which are not a matter of right. Land Registration Authority 5. (Sec.3 Appeals from Court of Tax Appeals and quasi-judicial agencies. 3[b] of Rule 122) 2. 8. Exclusive . Office of the President 4.4 Appeals from the National Commission on Indigenous Peoples (NCIP). 99-2-02-SC. Board of Investments 18. September 16. Insurance Commission 16. 22 of BP 129. Employees Compensation Commission 14. 15. Desierto. Civil Aeronautics Board 7. Among these are: 1. Central Board of Assessment Appeals Securities and Exchange Commission 3. Rule 42 of 1997 Rules of Civil Procedure. 2.

5 of RA 8249) 4. as the case may be. accomplices and accessories including those employed in government-owned or controlled corporations.. G. the original jurisdiction shall be vested in the proper regional trial court or metropolitan trial court. shall be appealable to the Sandiganbayan in the manner provided by Rule 122 of the Rules of Court. Title VII of Revised Penal Code. acting or interim capacity. Members of Judiciary xxx 4. at the time of the commission of the offense: 1. etc. etc. (Ibid. mandamus. 2.1. as amended. as amended by RA 8249) In cases where there is no specific allegation of facts showing that the offense committed in relation to the public office of the accused. 2 of RA 7975 as amended by RA 8249) 2. and private individuals charged as co-principals. the original jurisdiction shall also be vested in the proper regional trial court or metropolitan trial court. 128096. and other offenses committed by public officials and employees in relation to their office. Sec. 1. No. habeas corpus. (Sec. including quo warranto arising in cases falling under said Executive Order Nos. (Lacson v. (Section 2. prohibition. 4. All other national and local officials classified as grade '27' and higher In cases where none of the accused are occupying the above positions. 1. 1. Officials of the Executive branch xxx classified as Grade '27' or higher xxx specifically including xxx 2. RA 1379 and Chapter II. (Sec. R. Members of Constitutional Commissions xxx 5. as the case may be.2 Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 301 SCRA 298) 1. pursuant to their respective jurisdictions. 1999. 2. January 20. Members of Congress xxx 3. REGIONAL TRIAL COURTS A. Executive Secretary. Appellate Decisions and final orders of Regional Trial Courts in the exercise of their original or appellate jurisdiction under PD 1606. Concurrent with Supreme Court Petitions for certiorari. 2.1 Violation of RA 3019 (Anti-Graft). Original . 5. 3. 14 and 14-A. As amended by RA 8249) B. 2. RA 7975. 14 and 14-A.. injunction and other ancilliary writs in aid of its appellate jurisdiction. where one or more of the accused are officials occupying the following positions in the government. whether in a permanent.

000. testate.1. Civil 1.1.1.2 Actions involving title or possession of real property or interest therein where the assessed value exceeds Php 20. 1.000.1.000.1. 19 of BP 129 as amended by RA 7691) However.1. 1994) Note: The amounts in 1.000.00 except forcible entry and unlawful detainer. or intestate. (Administrative Circular No.4 and 1. person or body exercising judicial or quasi-judicial function. 21-99.3.00.000.00 or in Metro Manila Php 50.000.2 of the Securities Regulation Code: . where gross value of estate exceeds Php100.1.6 Cases not within exclusive jurisdiction of any court. tribunal.8 Other cases where demand. or in Metro Manila Php 200.00 which was increased to Php 200.000. 1. 1999 under Sec. 000.00 or in Metro Manila P200.1.5 Actions involving marriage and marital relations(now under the jurisdiction of the Family Courts). litigation expenses and costs.00 or in Metro Manila Php 200.9 Additional original jurisdiction transferred under Section 5. damages.1.3 Actions in admiralty and maritime jurisdiction where demand or claim exceeds Php100.1 Subject of action not capable of pecuniary estimation.4 Matters of probate. dated June 14. The original amount of Php 100.00. Circular No. Sec.00 1. 1.000. exclusive of interest. 1.000.000.1 Exclusive 1.1.1. infra) and the Court of Agrarian Relations. 1. 5 of RA 7691. if the claim for damages is the main cause of action.00 (Sec.1. or value of property in controversy exceeds Php 100. the amount thereof shall be considered in determining the jurisdiction of the court. 1. V. 1. 1.00 five (5) years thereafter.8 were doubled as of March 20. 09-94. attorney’s fees.7 Actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Courts (now the Family Courts.00 will be increased to Php 300.1.

a) Devices or schemes employed by. 1997.3 with Metropolitan Trial Courts. b) Habeas corpus and Quo Warranto. 5 infra. otherwise. Prohibition.00 (Sec. 21[1] of BP 129) 1. d) Petitions of corporations. (See Sec. PD 612).2.2.1 with Supreme Court Actions affecting ambassadors and other public ministers and consuls. (Sec. partnerships or associations to be declared in a state of suspension of payments xxx (RA No. Sec. the board of directors. Applicable if subject of the action is not capable of pecuniary estimation.4 With the Insurance Commission Claims not exceeding Php 100.000.2 Concurrent 1. 21 [1] of BP 129 1.2 with Supreme Court and Court of Appeals a) Certiorari. partnerships or association. officers or managers of such corporation. amounting to fraud and misrepresentation xxx b) Controversies arising out of intra-corporate or partnership relations xxx c) Controversies in the election or appointment of directors. 2000) 1. business associates. Municipal Trial Courts and Municipal Circuit Trial Courts No concurrent jurisdiction: Guardianship and adoption cases are now under the exclusive original jurisdiction of Family Courts established by RA 8369 known as the 'Family Courts Act of 1997' approved on October 28.2. 8799 approved on July 19. 416 of the Insurance Code (1974).2.) 1. etc. . and Mandamus against lower courts and bodies. trustees. 9 [1] and Sec. its officers or partnership. or any acts of. jurisdiction is concurrent with Metropolitan Trial Courts.

otherwise known as the "Child and Youth Welfare Code". declaration of nullity of marriage and those relating to . custody of children. habeas corpus in relation to the latter.000. These also include criminal cases not falling within the exclusive original jurisdiction of the Sandiganbayan where none of the accused are occupying positions corresponding to salary grade '27' and higher. 5(a) of RA 8369) B. or when one or more of the victims is a minor at the time of the commission of the offense. 09-94 dated June 14.2. 2. 22 of BP 129) 5. (RA 7691). 3. Complaints for annulment of marriage.) in their respective territorial jurisdictions. 1994) Notes: Family Courts have exclusive original jurisdiction over criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age. however. (RA 7975 and 8249) But in cases where the only penalty provided by law is a fine. The sentence. Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age. 20 of BP 129) These include criminal cases where the penalty provided by law exceeds six (6) years imprisonment irrespective of the fine. the Regional Trial Courts have jurisdiction if the amount of the fine exceeds Php 4. Petitions for adoption of children and the revocation thereof. Appellate All cases decided by lower courts (Metropolitan Trial Courts. Exclusive and Original 1. the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. tribunal or body. That if the minor is found guilty. when one or more of the victims is a minor at the time of the commission of the offense: Provided.1 Exclusive Criminal cases not within the exclusive jurisdiction of any court. shall be suspended without need of application pursuant to Presidential Decree No. Petitions for guardianship. FAMILY COURTS A. 4. (Sec. (Sec. (Sec. (RA 7691 as clarified by Administrative Circular No. Criminal 2. etc. 903.

Violations of Republic Act No. 6. METROPOLITAN TRIAL COURTS. Executive Order No. Exploitation and Discrimination Act". Cases of domestic violence against: 11. as amended by Republic Act No. and petitions for dissolution of conjugal partnership of gains. neglect. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts. otherwise known as the "Family Code of the Philippines".marital status and property relations of husband and wife or those living together under different status and agreements. Cases against minors cognizable under the Dangerous Drugs Act. 8. violence and discrimination and all other conditions prejudicial to their development. dependent or neglected children. sexual or psychological harm or suffering to women. 10. 6. 56 (Series of 1986) and other related laws. or restoration of parental authority and other cases cognizable under Presidential Decree No. integrity and freedom of movement.1 Women – which are acts of gender-based violence that result. Petitions for declaration of status of children as abandoned. Summary judicial proceedings brought under the provisions of Executive Order No. Petitions for the constitution of the family home. said incident shall be determined in that court. cruelty. MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS. exploitation. If an act constitutes a criminal offense. . 209.2 Children – which include the commission of all forms of abuse. 7160. 9. 603. or likely to result in physical. 7658. petitions for voluntary or involuntary commitment of children. 5. the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. as amended. and 11. otherwise known as the "Special Protection of Children Against Child Abuse. 7. Petitions for support and/or acknowledgment. and 11. and other forms of physical abuse such as battering or threats and coercion which violate a woman’s personhood. termination. the suspension.

A. which was increased to Php 200. but the filing fees thereon shall be paid.1. litigation expenses and costs.00 1.1 Actions involving personal property valued at not more than Php 100. (Rules 57. The original amount of Php 100. 58.7 Inclusion and exclusion of voters. 1. and in proper cases.000.00 or in Metro Manila. 59 and 60) 1. 1.1.1.1.00 1.000.2 Actions demanding sums of money not exceeding Php 100.6 were doubled as of March 20.1.1.1. preliminary injunction. attorney’s fees.1.00 or in Metro Manila Php 200.00.6 Probate proceedings.000. Omnibus Election Code of the Philippines (1985) 1.1 Exclusive 1.000.000.1. 21-99.2 Concurrent with Regional Trial Courts .00. 1. 1761. appointment or receiver and delivery of personal property.000. exclusive of interest.1. 1. These include admiralty and maritime cases. testate or intestate. Original 1. with jurisdiction to resolve issue of ownership to determine issue of possession.A.1. the amount of which must be specifically alleged. damages.000.000. 138 of BP 881.5 Forcible entry and unlawful detainer. Php 200.00 or in Metro Manila Php 200.00 will be increased to Php 300. (Sec. where gross value of estate does not exceed Php 100.3 Actions involving title or possession of real property where the assessed value does not exceed Php 20. in both cases.00 or in Metro Manila Php 50. 1999 under Sec. Circular No. such as preliminary attachment.00 (Sec. Note: The amounts in 1.000.00 five (5) years thereafter.4 Provisional remedies in principal actions within their jurisdiction.000. Civil 1. 33 of BP 129 as amended by RA 7691).2 and 1.000. 5 of R.

None 1.1. (Sec. 1 of Rule 112.00. two (2) months and one (1) day without regard to fine. Criminal 2. (Administrative Circular No. 2. Sec. 35 of BP 129) 2.000.1 Exclusive 2.1. in cases where the only penalty provided by law is a fine not exceeding Php 4. (Sec. they shall have exclusive original jurisdiction.000.4 However. 34 of BP 129 as amended by RA 7691) 1. 32 of BP 129 as amended by RA 7691) 2.2 All offenses punishable with imprisonment of not more than six (6) years irrespective of the fine and regardless of other imposable accessory or other penalties and the civil liability arising therefrom.1 All violations of city or municipal ordinances committed within their respective territorial jurisdictions. conduct preliminary investigation of offenses where the penalty prescribed by law is at least four (4) years. 37 of BP 129.3 Delegated Cadastral and land registration cases assigned by Supreme Court where there is no controversy or opposition and in contested lots valued at not more than Php 100. etc. as amended). the Metropolitan Trial Courts. 09-94 dated June 14.2 Concurrent with Fiscals and State Prosecutors Except for Metropolitan Trial Courts in National Capital Regions. 1994. however.4 Special Petition for habeas corpus in the absence of all Regional Trial Judges. have jurisdiction.) 2. (Sec.1. provided. (As amended by RA 7675 and 8249) 2. that in offenses involving damage to property through criminal negligence.1. Preliminary investigation of crimes within the jurisdiction of the . (Sec.3 All offenses committed not falling within the exclusive original jurisdiction of the Sandiganbayan where none of the accused are occupying positions corresponding to salary grade '27' and higher.

Summary Procedure 3.000.1.4 All other cases where penalty does not exceed 6 months and/or fine of Php1. where total claim does not exceed Php10.3 Violations of City and municipal ordinances 3. (Sec. 1991) 3.000. 11 of RA 6770) 2.00 3.1.2 Criminal 3.2.2 Rental law violations 3.2.1 Civil 3.00 .2. irrespective of the amount of damages or unpaid rentals sought to be recovered. but attorney’s fees shall not exceed Php 20.Sandiganbayan is conducted by the office of the Special Prosecutor under the Ombudsman. (Sec.000. 35 of BP 129) 3.1 Traffic violations 3.1 Forcible entry and unlawful detainer.3 Special Applications for bail in the absence of all Regional Trial Judges.2.00 (Revised effective November 15. except probate proceedings.2 All other cases.

viz. or interpreting the law applicable considering the facts of the case. by itself. 5 . Rules of Court. since there is no need of presenting evidence anymore. be admissible. although the testimony of the eyewitness may be material. whether a certain statement was uttered or not. Rule 35. 111538. either through a judgment on the pleadings2 or by summary judgment. Thus. a question of law exists when the doubt or difference arises as to what the law is on a certain state of facts. A. For example. No. Inc. whether a certain act was done or not. 3. On the other hand.4 Evidence is relevant if it tends in any reasonable degree to establish the probability or improbability of a fact in issue. Legal issues are resolved by simply applying the law or rules applicable. the testimony of an eyewitness to the commission of a crime is material. i. These are the issues which the judge cannot resolve without evidence being presented thereon. Although evidence may. the court may not admit or consider it in the resolution of the case unless the evidence was properly presented. are questions of fact that require evidence for their resolution. Material evidence directly proves a fact in issue. Sec. it is not excluded by the law or the Rules of Court. no evidence need be presented on what the applicable law is. Evidence that is material or relevant must also be competent to be admissible.1 Other than factual issues. The case is then ripe for judicial determination. 268 SCRA 727.R. Factual issues arise when a party specifically denies material allegations in the adverse party’s pleading.: (1) determining whether a given piece of evidence is admissible. It becomes necessary to present evidence in a case when the pleadings filed present factual issues. is presumed to know the law. February 26. whether a certain thing exists or not. including the judge.5 It is of a lesser degree of reliability as evidence than material evidence. Rule 34. 1 2 3 4 Parañaque Kings Enterprises. Thus.e. Generally. Rules of Court. 1997. Rule 128. ADMISSIBILITY OF EVIDENCE The study of the law on Evidence involves two main problems. either because all the factual allegations have been admitted expressly or impliedly (as when a denial is a general denial). When the parties’ pleadings fail to tender any issue of fact. and (2) the proper presentation of that evidence so that the court will consider it in resolving the issues and deciding the case. Questions of fact exist when the doubt or difference arises as to the truth or falsehood of alleged facts.EVIDENCE Basic Principles and Selected Problems 1. Ibid. the case invariably presents legal issues. Axiom of Admissibility of Evidence Evidence is admissible when it is relevant to the issues and is competent. WHEN EVIDENCE IS NECESSARY Evidence is the means of proving a fact. there is no need of conducting a trial. it may be inadmissible if it is excluded by the marital disqualification rule. v. Everyone.3 2. Court of Appeals. Ibid. the evidence of motive or flight of the accused may be relevant.. G.

However. 1. The first two are valid grounds for objection without need of specification or explanation. is not valid for being unspecific. The opposites of the three requisites for admissibility of evidence. are the general grounds for objection. etc. B.8 Objections may then be raised against the testimony of the witness. otherwise. 2. Sec. regardless of its nature. except when invoked in reference to the lack of qualification of a witness to answer a particular question or give a particular evidence. B. irrelevancy. If the objection is valid. This requires a testimonial sponsor. Under the 1989 Rules on Evidence. 3. if offered without further explanation. the requirement of qualifying an expert witness may be dispensed with if: (a) the adverse counsel stipulates on the expert’s qualification. Exhibit 1. otherwise. Rule 132. 1. By his inquiry. Oral evidence Oral evidence is presented through the testimony of a witness. as when the witness’ testimony is barred by the hearsay rule or the opinion rule. a forensic chemist identifies marijuana leaves as those submitted to him in the case for examination. Ibid. 36. viz. immateriality or incompetency. he shall be sworn in. his testimony will be hearsay.Relevancy or materiality of evidence is a matter of logic. Sec. It must also be identified as the object evidence it is claimed to be. A judge is expected to be aware of the issues which he was supposed to have defined and limited in his mandatory pre-trial order. 9 It is essential that the proper foundation for the testimony of a witness must be laid. oral evidence must be formally offered at the time the witness is called to testify. since it is determined simply by ascertaining its logical connection to a fact in issue in the case. or he will be incompetent to answer the questions to be asked of him. Object evidence Object evidence must generally be marked (Exhibit A. Rule 132. If the witness is otherwise allowed to testify. On the other hand. It is therefore inadvisable for a judge to ask an objecting counsel why an offered piece of evidence is irrelevant or immaterial. he cannot validly give his opinion on matters for which he may have been summoned as a witness. Sec. Rules of Court. An ordinary witness must be shown to have personal knowledge of the facts he shall testify to. or 6 7 8 Rules of Court. the grounds for objection to the competency of evidence must be specified6 and are determined by the Rules or the law.7 2. For example. incompetency. the witness will not be allowed to testify. he shows his unfamiliarity with the issues in the case. Rules of Court. Proper Presentation Of Evidence Every piece of evidence. 9 . Further. requires certain processes of presentation for its admissibility and admission. for the defendant) either during the pre-trial or during its presentation at the trial. for the plaintiff. etc. 35. either by taking an oath or making an affirmation. The third ground for objection. object evidence must be formally offered after the presentation of a party’s testimonial evidence. An expert witness must be specifically qualified as such. Rule 134.

36. by proving its due execution and genuineness. (2) identified as the document which it is claimed to be (as when the witness asserts that the document presented to him is the same contract which he claims was executed between the two parties). In this connection. each question propounded to elicit specific oral evidence may still be objected to as soon as a ground for objection becomes reasonably apparent. 91646. 1992. the oral evidence. Sec. the testimony of a witness.12 A party makes a formal offer of his evidence by stating its substance or nature and the purpose or purposes for which the evidence is offered. whether the witness shall be allowed to testify. 1 2 3 . if a private document. Ibid. the same testimony is perfectly admissible if offered simply to prove 1 1 1 1 0 Rules of Court. Need For Statement Of The Purpose Of Evidence Evidence not formally offered will not be considered by the court in deciding the case. that he heard the defendant call the plaintiff a liar and a crook is certainly inadmissible for being hearsay. because the judge happens to be aware thereof on account of the judge’s judicial functions. For example. albeit impliedly and automatically. Marcos. Sec. No. (3) authenticated. Thus.e. This is so because it is the intended purpose of a piece of evidence which determines what rule of evidence will apply for its admissibility. and that the purpose for which the evidence is offered must be specified.10 Rule 132. Rule 132. 35. it has been asked whether it would be proper for the judge to disregard a witness’ direct testimony given without the prior formal offer thereof which Rule 132. Sec.11 the Supreme Court ruled that if a witness has given unoffered direct testimony without objection from the adverse party..R. the moment each question was propounded to elicit an answer. sought to be elicited.' and that 'Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall have become reasonably apparent. although not formally offered. oral evidence is offered twice: once. The view can be advanced. Sec.' Clearly. C. every question asked of a witness especially on direct examination presupposes a formal offer of the answer. Rules of Court. that 'Objection to evidence offered orally must be made immediately after the offer is made. expressly. hence.(b) the court takes judicial notice of the witness’ expertise. August 21. and again. with each question propounded to the witness. it cannot be determined whether it is admissible or not. However. the testimony may be considered by the court. the latter is estopped from raising that objection which he is deemed to have waived. 3. 34. on the basis of the stated substance of the testimony and its purpose. It would seem therefore that unlike documentary and object evidence which are formally offered only after all the witnesses of a party have testified.13 Without a formal offer of evidence. A piece of evidence may be admissible if offered for one purpose but may be inadmissible if offered for another. G. Rule 130. 34 provides that the court shall consider no evidence which has not been formally offered. before the witness testifies. In People v. 212 SCRA 748. that although the aforesaid testimony was not expressly formally offered. and corollarily. if offered to prove the truth of the perceived statement. Sec. and hence without a disclosure of its purpose. whether the adverse party may be required to cross-examine that witness. it was nonetheless formally offered. Once the witness is allowed to testify. i. and (4) formally offered after all the proponent’s witnesses have testified. Documentary evidence Documentary evidence is (1) marked. This view is premised on two related provisions in Rule 132. in a libel case. Formal Offer Of Evidence. 35 requires. however. the purpose of the express formal offer of oral evidence before the witness testifies is merely to determine. But it is fundamental that an objection to evidence can be validly raised only after an offer is made.

1993.15 unless the truth of their contents has been judicially admitted. 91628. 1989. affidavits and documents filed with the court. Under the Rule on Summary Procedure.R. although it may be admissible if offered as part of the res gestae.. 85423. G. December 20. the withdrawal affected only the validity of the final disposition of that case. where no full blown trial is held in the interest of speedy administration of justice. 5.. Jr. or has been. if not offered formally. 1991 204 SCRA 887 (Although the decision in Llaban was withdrawn by the Supreme Court on March 17. Documents whose contents are taken judicial notice of by the court. G. admissions. identification. Court of Appeals. R. R. November 14. This was the ruling of the Supreme Court in People v. It must be noted that the mere marking. No. For that purpose. 4. Object evidence which could not be formally offered because they have disappeared or have become lost after they have been marked.R. there are certain exceptions: 1.g.) 5 1 People v. 84951. 63226. marijuana involved in a prohibited drugs prosecution. 1 1 4 People v Santito.14 Annexes attached to pleadings. 6 . No. what he heard defendant say. e. depositions. May 6. Tabuena v. Jr. MODES OF EXCLUDING INADMISSIBLE EVIDENCE There are two ways of excluding inadmissible evidence. the declaration of a dying person made without consciousness of his impending death will not qualify as a dying declaration. 179 SCRA 403. Napat-A.that the statement was uttered. 1991 196 SCRA 650. Llaban v. Similarly. Santito. are mere scraps of paper and should not be considered by the court. Documents whose contents are judicially admitted. the witness would be the only person qualified to testify on. No.16 III. Court of Appeals. 1991. To the general rule that the court shall not consider any evidence not formally offered. G. No. 2. 3. offered as part of the evidence of a party. identified and testified on and described in the record and became the subject of cross-examination of the witnesses who testified on them during the trial. and prove. August 22. G. This did not void the soundness of the Court’s pronouncement on the treatment of annexes attached to pleadings. 201 SCRA 87. In summary judgments under Rule 35 where the judge bases his decisions on the pleadings. One is by objection and the other is by a motion to strike out. or authentication of documentary evidence does not mean that it will be.

Rule 132. Objections and Ruling 1 1 1 2 2 2 7 8 9 0 1 2 Rules of Court. Failure to seasonably object to offered evidence amounts to a waiver of the grounds for objection. 3. Ibid. Sec.22 The incompetency referred to here is limited to the incompetency of the witness to answer the question posed. Rules of Court. 6.g. They must be properly invoked. 5.19 Grounds not raised are deemed waived.20 Objection to the purpose for which evidence is offered is not proper. objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent. The ground for objection was not apparent when the question was asked. C. The witness answers prematurely.. The answer is incompetent.A. Rule 132. 17 When thereafter the witness is allowed to testify. The answer given is unresponsive.18 2. The rules of exclusion are not self-operating. Rule 132. 35. However. 39. Oral evidence is objected to after its express formal offer before the witness testifies. a witness who gave direct testimony becomes unavailable for cross-examination through no fault of the cross-examiner. Ibid. Uncompleted testimony – e. Unfulfilled condition in conditionally admitted testimony. Sec. The grounds for objection must be specified. repetition of objection is unnecessary when a continuing objection is properly made. Section 36. Documentary and object evidence are objected to upon their formal offer after the presentation of a party’s testimonial evidence. 4. Section 37.21 2. Ibid. Rules of Court. Evidence is objected to at the time it is offered and not before: 1. B. . A motion to strike out answer or testimony is proper in the following instances: 1. it does not extend to the general concept of incompetency of evidence for being excluded by law or the Rules. irrelevant or improper.

For example. or is feeble minded.23 a. to expedite questions. director. ambiguous. 5 Ibid. or those already answered. and offered only as basis for more important testimony to follow.. or contrary to that which he has previously stated. Examples: (1) leading questions which suggest to the witness the answer desired. "You are Mrs Maria Morales. the judge may suggest. indefinite or uncertain questions . Rules of Court. Sec 10. 2 2 2 2 2 2 Rules of Court. Sec 10. 3 4 . Rule 132. as (a) on cross-examinations.not allowed because the witness cannot understand from the form of the question just what facts are sought to be elicited. wife of the plaintiff in this case?" (2) misleading questions. 8 Rules of Court. and in either case after having been declared by the court to be indeed unwilling or hostile. after it has been demonstrated that the witness had shown unjustified reluctance to testify or has an adverse interest or had misled the party into calling him to the witness stand. "why". "where". 24 (b) when the witness is unwilling or hostile.27 d. such as "who". "how". etc. on facts not in controversy. the cross-examiner may ask a question already answered to test the credibility of the witness. or a child of tender years. (5) repetitious questions. and was the plaintiff there?" (4) vague. or a deaf-mute. If counsel finds difficulty in avoiding leading questions. that counsel begin his questions with the proper interrogative pronouns. Leading questions may moreover be asked on preliminary matters. b. Secs. 6 Ibid. on cross-examination. Rule 132.Objections to evidence may be formal or substantive. Q: "Did you see the defendant enter the plaintiff’s house. Rule 132.e.26 c. Leading questions may also be asked when there is difficulty in getting direct and intelligible answers from a witness who is ignorant. 25 or (c) when the witness is an adverse party or an officer. Formal objections are based on the defective form of the question asked. i. 10 and 12. 1. "what". or managing agent of a public or private corporation or of a partnership or association which is an adverse party. For example. 7 Ibid.28 (3) double or multiple questions. which are two or more queries in one. Leading questions are allowed of a witness who cannot be reasonably expected to be led by the examining counsel. which assume as true a fact not testified to by the witness ("question has no basis"). However.

the resolution must be given before the trial resumes. the examination of the witness could not be expected to continue since. Unless the objection is resolved.g. it would not be improper for the judge to perhaps declare a brief recess to enable him to quickly study the matter. an objection to a question asked of a witness must be at once resolved by the court by either sustaining or overruling the objection. e. Rule 132. which challenge a witness’ testimony by engaging him in an argument. but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situations presented by the ruling. If the issue raised by the objection is a particularly difficult one.. Substantive objections are those based on the inadmissibility of the offered evidence. in all likelihood. Q: "Isn’t it a fact Mr Witness that nobody could possibly see all the circumstances you mentioned in a span of merely two seconds.(6) argumentative questions. But certainly. and that either your observations are inaccurate or you are lying?" 2. It would be incorrect for a judge to consider the objection "submitted" or "noted"..g. (1) irrelevant. the next question would depend on how the objection is resolved. 2 9 Rules of Court. . 38. immaterial (2) best evidence rule (3) parol evidence rule (4) disqualification of witness (5) privileged communication (6) res inter alios acta (7) hearsay (8) opinion (9) evidence illegally obtained (10)private document not authenticated The ruling by the court on an objection must be given immediately after an objection is made. unless the court desires to take a reasonable time to inform itself on the question presented. Sec. 29 Thus. e.

For example. forms of government and symbols of nationalities. Certain matters may be so well known to the court that to compel a party to prove it would be a waste of time and effort. Sec. Under the Rules. Mandatory and Discretionary Judicial Notice Not everything alleged in a party’s pleading is required to be proved. In case of an honest doubt about the admissibility of evidence. (2) made during the existence of the agency. Another ruling that is ludicrous and even nonsensical is "Evidence admitted subject to the objections". Section 29. the weight of the evidence shall be considered only after the evidence shall have been admitted. when the original of a document is unavailable. 28. the law of nations. A ruling that all evidence formally offered are "admitted for whatever they may be worth" will not reflect well on the judge. the admiralty and maritime courts of the world and their seals. lest the evidence be rejected.30 Judges are advised to judiciously consider the validity of the grounds for objections and carefully rule on them. and (2) the circumstances of the loss or destruction of the original. the phrase "for whatever they may be worth" is improper since it refers to the weight or credibility of the evidence. Besides.. A. it shall be mandatory for the court to take judicial notice. of the existence and territorial extent of states. their political history. and (3) the agency is shown by evidence other than by such declaration. LAYING THE FOUNDATIONS FOR EVIDENCE In determining the competency of an offered piece of evidence. the foundation required by the Rules for the proper presentation of evidence must be laid. the proponent must establish: (1) the existence or execution of the original document.32 If the agent’s declaration is on a matter outside the scope of his agency. for a declaration of an agent to be admissible against his principal. Rule 132. the court must examine the requisites provided by the pertinent rule or law for its admissibility. as an exception to the res inter alios acta rule. the judge realizes his mistake. 2 Ibid. or one or some of them. 0 1 . if the judge had erred in admitting a piece of evidence. IV. Sec. the agent’s declaration cannot be admitted against his principal. Judicial Notice 1. the general rule of res inter alios acta will apply instead. However. Similarly. before secondary evidence thereof is admitted. as it implies a hasty and ill-considered resolution of the offer and the objections.The reason for sustaining or overruling an objection need not be stated. or that the original cannot be produced in court. or is made after the agency had ceased. it is better policy to rule in favor of its admission. he may simply give it little or no weight when deciding the case. These requisites must be established as foundations for the evidence. On the other hand. An erroneous rejection of evidence will be unfair to the offeror since the judge cannot validly consider it even if after the trial. Rule 130. must specify the ground or grounds relied upon. 3 3 3 Rules of Court. without the introduction of evidence. if the objection is based on two or more grounds. 38 Rules of Court. a ruling sustaining the objection. This is a non-ruling.31 the declaration must be: (1) within the scope of the agent’s authority. For example.

33 Courts may take judicial notice of matters which are: (a) of public knowledge. 20 SCRA 54. as when the witness is old and has lost the power of speech38). Hearing the Parties on Discretionary Judicial Notice During the trial. Sec. the official acts of the three departments of the Philippine government. Rule 129. it may call the parties to a hearing to give them a reasonable opportunity to present information relevant to the propriety or impropriety of taking judicial notice of that fact. when a court is uncertain whether it may. the contents of said other case are clearly referred to by title and number in a pending action and adopted or read into the record of the latter. even after the trial and before judgment or on appeal. CA. take judicial notice of a certain fact or not. (b) capable of unquestionable demonstration. Rule 130. Sec. 96397. Rule 129. 3. Mendoza. supra. 2. Ibid. or with the consent. Rules of Court. May 16.34 2. a court will take judicial notice of its own acts and records in the same case. may be given in evidence against the adverse party who had the opportunity to cross-examine him. R.39 If the testimony or deposition given in another proceeding is that of a party in a case. 1997. However. Sec. at its discretion. the interested party must present the witness to testify anew.37 When there is an objection. G. the other party may simply offer in evidence the record of that testimony or the deposition without having to call the declarantparty to testify thereon. the measure of time and the geographical divisions. Judicial Notice of Proceedings in Another Case In the adjudication of a case pending before it. G. if the witness is already dead or unable to testify (due to a grave cause almost amounting to death. or (c) ought to be known to judges because of their official functions. August 18. and admitted as part of the record of the pending case. involving the same parties and subject matter. note 16.35 This procedure will apprise the parties of the possibility that the judge will or will not take judicial notice of a fact. Tan v. No. it will thus eliminate the element of surprise and enable the parties to act accordingly. Court of Appeals. Such declaration of a party against his interest is an extra-judicial admission which may be given in evidence against him. 3 4 6 7 8 9 0 Tabuena v. Sec. 1967. Republic v. 3. his testimony or deposition given in a former case or proceeding. Certainly the so-called "hearing" is not for the purpose of adducing evidence on that fact. No. 5 Rules of Court. the court may hear the parties on the propriety of taking judicial notice of a certain matter if such matter is decisive of a material issue in the case. Court of Appeals. or of his resolution either way. judicial or administrative. 1. November 21. Ibid. 119288. Similarly. The following are exceptions to this general rule: (1) when in the absence of any objection. L-22793. 1991. the laws of nature.40 B. Certainly. 26 .36 Parenthetically. 3 3 3 3 3 3 3 4 Rules of Court. or (2) when the original record of the other case or any part of it is actually withdrawn from the archives at the court’s discretion upon the request. R. 204 SCRA 288.the political Constitution and history of the Philippines. No. Sec. a party will offer the opposing party’s declaration as evidence only if it is prejudicial to the latter’s interest. People v. and the judge therefore cannot take judicial notice of a testimony or deposition given in another case. with the knowledge of the opposing party. Admissions: Judicial And Extra-Judicial An admission is a party’s acknowledgment of a fact which is against his interest. 47. of the parties. 277 SCRA 633. a court is not authorized to take judicial notice of the contents of another case even if said case was heard by the same judge.

statements made by a party outside the proceedings in the same case are extrajudicial admissions which may be an act. it should be noted that an admission or stipulation made by the accused during the pretrial cannot be used in evidence against him unless reduced to writing and signed by him and his counsel. 44 But this rule does not apply to admissions made in the course of the trial.43 In criminal cases. On the other hand. an admission made in a document drafted for purposes of filing as a pleading in the case but never filed. the admissions made are regarded as judicial admissions. 4. Sec. 1995. otherwise. 2. No. 823. declaration or omission made by a party as to a relevant fact and may be given in evidence against him. A judicial admission does not require proof and may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. Rule 130. To qualify. In the first two instances above-mentioned. A judicial admission need not be offered in evidence since it is not evidence. 3 Jackson v. If the extra-judicial statement of a party is not against his interest but is in his favor. Court of Appeals. for the unfiled document is not considered a pleading. it would not be admissible at all.41 This type of admission is regarded as evidence and must be offered as such. 205 S. the declaration of a defendant in a case that the plaintiff therein is his agent is a judicial admission of the agency relationship between them if that fact is against the defendant’s interest. With more reason. they must be made and offered in the proceedings in the same case. R. 113779-80. since an attorney has authority to make statements on behalf of his client only in open court or in a pleading actually filed. Nos. is not a judicial admission. Schine Lexington Corporation. 26. not all admissions made by a party during a judicial proceeding are judicial admissions. an admission made by an 4 4 4 4 Rules of Court. It is superior to evidence and shall be considered by the court as established. 305 Ky. Whether it would even be an extrajudicial admission would depend upon whether the document was signed by the client or only by his attorney. However. nor self-serving. Court of Appeals. If signed only by the attorney. Thus. L-79094. In open court. June 22. they become extrajudicial admissions for purposes of the latter case.42 By the rule’s definition. 241 SCRA 695. 1 2 . Thus. February 23.W. another pleading being filed in its stead. 1988. But it will not be incompetent evidence. 162 SCRA 446.A party may make an admission in any of these ways: 1. and stipulations filed in the case. but offered in another. G. motions and other papers. 4 Rules of Court. the court will not consider it in deciding the case. Sec. If made in one judicial proceeding. Fule v. In his statement made outside the proceedings in the same case. Rule 118. it becomes a self-serving declaration which is inadmissible for being hearsay since it will be testified to by one who simply heard the statement and has no personal knowledge of it. 2d 1013. 3. In written pleadings. if testified to by the party himself at the trial. Tuason v. that same admission may only be an extrajudicial admission if considered in another case between the same parties. either by his testimony on the stand or by his statement or that of his counsel.

and any attempt to adduce evidence in contradiction of that admission may also be objected to. July 30. numbers. L-37420. only object evidence. Best Evidence Rule The Best Evidence Rule is applicable only to documents. 5 6 .. Inc. G. Sec. No. admissions in superseded pleadings may be received in evidence against the pleader xxx. 1996. G. G. 1 Rules of Court. any attempt made by a party to still prove it may be objected to as immaterial. R. e. 196 SCRA 94.. Director of Lands v. In either case.51 If a writing is offered not to prove its contents but to prove some other fact. Rule 130. However. 1970.52 Closely related to the best evidence rule is the rule that a document or writing which is merely 'collateral' to 4 4 4 4 4 5 5 5 People v. Tandoy. 188 [1933]. like oral testimony. 131 SCRA 24. the best evidence rule does not apply.. To determine the admissibility of object evidence. Plaza Enterprises. symbols or other modes of written expressions offered as proof of their contents. the original writing need not be presented. it can be shown that the admission was made through palpable mistake or that no such admission was made at all. 7 Javellana v. Documents as evidence consist of writings or any material containing letters. at once. Court of Appeals. 8. 8 Rules of Court .'48 Since generally a judicial admission does not require proof and cannot be contradicted. by any other evidence. 1991. 9 Rules of Court. No. Hence. Menzi & Co.49 C. 260 SCRA 25. figures. no evidence shall be admissible other than the original writing itself. Sec. Torres v.g. 108028. 58 Phil. that the writing exists. although filed in the same case. not in issue anymore. 32 SCRA 261.. are reduced to the status of extrajudicial admissions and therefore must be proved by the party who relies thereon46 by formally offering in evidence the original pleading containing such extrajudicial admission. December 4. i. G. Rule 129. it is.45 Admissions in a pleading which had been withdrawn or superseded by an amended pleading.47 Consistently. When the subject of inquiry is the contents of a document. 0 Rules of Court. R. the judge may himself block such attempts as improper departures from the issues of the case. 1984. Rule 130. or that it is done on sheepskin.accused or his counsel during the trial may be used against the accused although not signed by either of them. 2 People v. 31408. March 30.e.R. April 22. No. July 31. O. The existence or condition of that writing may be proved. 192 SCRA 28. D. Rule 10. 50 Not every writing is considered a document for purposes of the best evidence rule. 1990. Unless. No. Hernandez. R. for purposes of evidence. Bastida v. words. L-28297. or the size of the paper it is written on. 2. of course. 80505. the 1997 Rules of Civil Procedure provides that 'An amended pleading supersedes the pleading that it amends. No. Court of Appeals.

8 Cruz v. he must first show or prove that no copy of the document exists and. But if a party has lost his original document. December 10. that there exists no authentic document reciting the contents of the unavailable original. 5 De Vera v. the first copy and four (4) carbon copies of a contract. 6. 18 SCRA 155. such adverse party should not later be allowed to introduce the original for the purpose of contradicting the secondary evidence presented. Court of Appeals. In this case. where the purpose of presenting a document is not to prove its contents. § 1210. but are simply incidental to the fact being testified to. When a document is in two or more copies executed at or about the same time with identical contents. but merely to give coherence to. This is the collateral facts rule. despite reasonable notice. the original of the document need not be presented. 7 Wigmore on Evidence. the best evidence rule cannot apply. when the adverse party who has custody of the original refuses. Sec. the testimony of a witness regarding a fact contemporaneous to the writing. Thus.57 When the proper foundation for the reception of secondary evidence has been laid. or cannot be produced in court. Any of the four other extant originals would still be the best available evidence. 1988. R. the Rule provides: When the original document has been lost or destroyed. Thus. destruction or unavailability of the rest of the original copies. he must account not only for the unavailability of his copy but also for the loss. Rule 130. No. 3 4 . Rule 130. all such copies are equally regarded as originals. 218 SCRA 602. as though the document had been lost. Thus. it does not apply where at least one party to the suit is not a party – nor a privy to a party – to the written instrument and does not base his claim. 6 Rules of Court. the best evidence rule insists on a preference in the type of secondary evidence that will be presented.58 However.the issue involved in the case on trial need not be produced. R. 1990. September 28. This second layer of foundations may of course be established by oral testimony. G. in addition. D. Rules of Court. 79962. nor assert a right arising from the instrument or established therein. to produce the document. R. the offeror. or by a recital of its contents in some authentic document. Otherwise. 83377.53 The original of a document is one the contents of which are the subject of inquiry. Sec. Each of them may be offered as proof of their contents. Hence. or by the testimony of witnesses in the order stated. Parol Evidence Rule The Parol Evidence Rule applies only to contractual documents. 54 Even a mere photocopy of a document may be an original if it is the contents of that photocopy that are inquired into. may prove its contents by a copy. all of which are identical. Aguilar. 56 In this case. are all considered originals. but it must be established. secondary evidence of his lost original will not be admitted.55 Secondary evidence may also be resorted to. the contents of the document are not sought to be proven. or to make intelligible. Thus. G. 21438. G. Thus. No. before a party may offer the testimony of witnesses to prove the contents of a lost original. 4. No. upon proof of its execution or existence and the cause of its unavailability without bad faith on his part. 192 SCRA 209. Carrascoso. February 9. a total stranger 5 5 5 5 5 5 Air France v. 1966.

it must be made in practical terms.60 Note that if the confession is judicially given. May 31. Otherwise. 6 People v. Sec. If the person cannot afford the services of a counsel. a person shall have the constitutional right to be informed of his right to remain silent and to have competent and independent counsel. 4 Constitution. Trinidad. NBI agent nor the City Legal Officer can be considered an independent counsel for this purpose. no parol evidence can be admissible.S. When under custodial investigation.67 No custodial investigation shall be conducted unless it be in the presence of counsel engaged by the 5 6 6 6 6 6 6 6 6 Lechugas v. Court of Appeals. 2 Miranda v. When the defendant invokes such exceptional situations in his answer. E. may be given in evidence against him. any confession or declaration given by him during said investigation shall be inadmissible. Rule 129. either by way of a plea of guilty upon arraignment or made in the course of the trial. Rules of Court. 478. 62 Under Republic Act 7438.61 An extra-judicial confession may be given either before the custodial investigation stage or during custodial investigation. 1976. No. Rule 130. January 31. Art. III. 65 To be valid. 12. 1986. A person is placed under custodial investigation when after a crime has been committed. such objection is deemed waived. Jimenez. 3 An Act Defining Certain Rights Of Persons Arrested. 1989. L-39972 and L-40300. G.to the writing is not bound by its terms and is allowed to introduce extrinsic – or parol – evidence against the efficacy of the writing. Sec. it need not be offered in evidence since it is a judicial admission.64 It must be noted that neither a lawyer. 1988. R. 33. And Investigating Officers And Providing Penalties For Violations Thereof. Admissibility Of Extra-Judicial Confessions The extra-judicial confession of an accused acknowledging his guilt of the offense charged. L-38930. when presented. if. the authorities’ investigation ceases to be a mere general inquiry into the circumstances and authorship of the crime and begins to focus on the individual as a suspect. the degree of explanation varying according to the person’s level of education and intelligence.S. 143 SCRA 335. Illinois. the parol evidence is not objected to. 5 People v. 71 SCRA 186. the information to be given to the accused regarding his rights must be more than a perfunctory recitation of such rights. Nos. L-40677. Arizona. 169 SCRA 816. must be put in issue in the pleading. 4. 9 0 . 1 Ibid. June 28. If the person under custodial investigation has not been informed of any of the above-mentioned rights. 7 People v. 378 U. No. The prosecution must prove compliance with the aforementioned constitutional requirements. such facts are sufficiently put in issue as to allow the presentation of parol evidence. 77116. including the fact of a subsequent agreement. 384 U. the exceptional situation. However. 436. Detained.66 The presumption of regularity in the performance of official duty does not apply to in-custody confessions. he must be provided with one.59 In order that parol evidence may be admissible. These rights cannot be waived except in writing and in the presence of counsel. 162 SCRA 714. Detaining. Or Under Custodial Investigation As Well As The Duties Of The Arresting.63 custodial investigation shall include the practice of issuing an 'invitation' to a person who is investigated in connection with an offense he is suspected to have committed. August 6. Camalog. Escobedo v. in a language or dialect he understands and in a manner he comprehends. or of any offense necessarily included therein. preferably of his own choice. Sec. No.

74 The main purpose of requiring a witness to appear and testify orally in open court is to secure to the adverse party the opportunity to cross-examine the witness. 1976. Unless the witness is incapacitated to speak. Another reason for such rule is to enable the judge to observe the countenance and demeanor of the witness while testifying. The rights guaranteed a person under Art. 3 1 People v Barlis. R. it would be impermissible and would be a grave abuse of discretion on the part of the trial judge to accept the affidavit of a witness in lieu of the latter’s direct testimony subject to cross-examination. G. 85215. 231 SCRA 426. Any statement obtained in violation of this procedure. April 20. 3 Arroyo v. in People v. or appointed by the court upon petition either by the detainee himself or by anyone in his behalf. No.00 as the purchase price of the marijuana. No. and he was also made to sign a receipt for Php 20.71 the accused who validly gave a statement during custodial investigation confessing to the commission of homicide and robbery was convicted of homicide only and acquitted of the robbery charge in the absence of evidence establishing the corpus delicti of robbery. L-69844.69 the accused who was arrested in a buy-bust operation refused to give a statement after having been informed of his Constitutional rights. 175 SCRA 216. 203 SCRA 750. 1983. 135 SCRA 465. but he was made to acknowledge in writing that six plastic bags of marijuana leaves were confiscated from him. 1991. R. The right to counsel may be waived but the waiver shall not be valid unless made with the assistance of counsel.72 Similarly competent is the admission of adulterous conduct made by a woman to her husband when the latter confronted her with incriminatory evidence in their residence. March 24. 5 People v. R. 72 SCRA 428. Ayson. Court of Appeals. Generally. 101003. L-61016. III. L-41166. July 7. 12 of the Constitution are not available when he is not under custodial investigation. No. Therefore. March 20. in whole or in part. a statement or confession voluntarily given by an employee during an administrative investigation that he had malversed his employer’s funds is admissible although without a prior information of said rights and without the assistance of counsel. Barlis. G. 96602. An extra-judicial confession made by an accused shall not be sufficient for conviction unless corroborated by evidence of corpus delicti. or by any person in his behalf. Thus. shall be inadmissible in evidence. Examination Of Witnesses 1. Sec.75 6 6 7 7 7 7 7 7 People v. No. No.70 Thus. Morales v. 4 Rules of Court.person arrested. Rule 132. 9 People v Policarpio. G. 2 People v. No. November 19. 1. Estenzo. No. 0 Rules of Court. 158 SCRA 85. Ponce-Enrile. L-51770. 1989. Rule 133. February 23. 1994. August 25. Sec.73 F. G. whether inculpatory or exculpatory. Policarpio. the testimony of a witness is elicited through questions propounded by the examining counsel in open court. 1988. Sec. an important factor in determining the credibility of a witness. Galit. The Supreme Court ruled that said receipts were in effect extra-judicial confessions given during custodial investigation and were therefore inadmissible for having been given without the assistance of counsel. 1985.68 In People v. 8 . or the question calls for a different mode of answer. R. 121 SCRA 538. the answers of the witness shall be given orally.

Jr. Sec.77 Another exception is found in the trial of agrarian cases where the parties submit affidavits of their witnesses subject to cross-examination.. re-direct or re-cross examination. L-28773. 946. the witness states matters irrelevant or immaterial or incompetent. 2 Dela Paz. No. Intermediate Appellate Court. No. 3 Ortigas. R. p.1 When a witness had testified on direct examination but was not cross-examined because he dies after numerous postponements of his cross-examination attributable to the cross-examining party whereas the witness had all the time been available for cross-examination. 1975. or will be permitted to testify in narrative form. v. 6 7 . 154 SCRA 65. Lufthansa German Airlines. Some jurisprudential rules regarding uncompleted testimonies: 3. it is also within the discretion of the court to prohibit a witness from volunteering unsought information in connection with the case.76 And in civil actions covered by the RSP. Calixtro. 9. Rule on Summary Procedure.. The crossexaminer is deemed to have waived his right to cross-examine.83 7 7 7 7 8 8 8 8 Rule on Summary Procedure. it is the right and duty of counsel objecting to such testimony to interpose and arrest the narration by calling the attention of the court particularly to the objectionable matter and. no examination of witnesses is even required or allowed. the affidavits and counter-affidavits of the parties’ witnesses constitute their direct testimonies subject however to cross-examination. when cross-examination is not and cannot be done or completed due to causes attributable to the party offering the witness. Sec. 0 Ibid. September 17. 8 Pres. his direct testimony shall be allowed to remain in the record and cannot be ordered stricken off. While the general rule is that material and relevant facts are elicited from a witness by questions put to him. June 30. L-71537. the parties simply submit the affidavits of their witnesses and other evidence on the factual issues defined in the preliminary conference order prepared by the judge after the termination of said conference. Sec. 92355. 15.2 On the contrary. 1 People v. v. G.S.Decree No. by a motion to strike it out. Sec.J. One question often asked is whether a witness may be allowed to testify by narration. 64 SCRA 610. A witness may be allowed to testify by narration if it would be the best way of getting at what he knew or could state concerning the matter at issue.The aforesaid rule is relaxed under the Rule on Summary Procedure (RSP) where in criminal cases covered by said Rule.81 3. 26.78 2. 1987. But if in giving such testimony.82 3. Moreover. No. 193 SCRA 303. narrative testimony may be allowed if material parts of his evidence cannot be easily obtained through piecemeal testimonies. Jr. the uncompleted testimony is thereby rendered incompetent. 9 98 C. January 24. obtain a ruling of the court excluding such testimony from the case.80 While a witness may be permitted in the discretion of the court to narrate his knowledge of material facts bearing upon the case without specifically being interrogated in detail. 16.79 There is no legal principle which prevents a witness from giving his testimony in narrative form if he is requested to do so by counsel. 1991. it still rests within the sound discretion of the trial judge to determine whether a witness will be required to testify by question and answer. 325. It would expedite the trial and would perhaps furnish the court a clearer understanding of the matters related as they occurred.

89 Note that the opinion of an ordinary witness regarding the handwriting of a person is admissible under Rule 130.g. official bodies and tribunals and public officers. certified true copies of birth certificates or of death certificates issued by the local civil registrar. Sec. A judge may intervene in the trial of a case to promote expedition and avoid unnecessary waste of time or to clear up some ambiguity.' This provision should be taken in relation to the first paragraph which reads: 'Before any private document offered as authentic is received in evidence.84 4. its due execution and genuineness must be proved. 85043. Their due execution and genuineness must be proved either (1) by anyone who saw the document executed or written. 20. 9 Rules of Court. the Official Gazette. calling the attention of counsel to points at issue that are overlooked. Sec. 210 SCRA 1.: (1) the written official acts or records of official acts of the sovereign authority.. 6. R. June 16. G. or (2) by evidence of the genuineness of the signature or handwriting of the maker.' If it is offered as a genuine writing. If it is offered as a forgery. kept in the Philippines. The number of times a judge intervenes in the examination of a witness is not necessarily an indication of bias. 87 Public documents need not be authenticated. 1980. 99 SCRA 92 People v. No.g. 19.86 G. it must be proved to be genuine. and absence of a witness is not enough to warrant striking his testimony for failure to appear for further cross-examination where the witness has already been sufficiently cross-examined. 6 Rules of Court. viz.85 5. of private documents required by law to be entered therein. The last paragraph of Rule 132. 8 Ibid.3 The direct testimony of a witness who dies before conclusion of the cross-examination can be stricken only insofar as not covered by the cross-examination. 4 5 . 7 Rules of Court. entries in the book of entries of judgments. it must be proved to be a forgery. clarifying ambiguous remarks. directing them to ask questions that would elicit the facts on the issues involved.88 All other writings are private and thus ought to be authenticated. documents are either public or private. transfer certificate of title. 50. and the matter on which further crossexamination is sought is not in controversy. But this power should be exercised with caution. whether of the Philippines or of a foreign country. (3) public records. 20 states that 'Any other private document need only be identified as that which it is claimed to be. Hatton. Authentication And Proof Of Documents For the purpose of their presentation in evidence. No. August 6. Rule 132. Sec. private documents have to be authenticated to be admissible in evidence. There are only three types of public documents. Sec. as an exception to the opinion rule provided the witness is shown to have sufficient familiarity with the handwriting. It cannot be taken against a judge if his clarifying questions happen to reveal certain truths which tend to spoil the theory of one party.. e. He should have as much interest as counsel in the orderly and expeditious presentation of evidence. Señeris.3. Rule 133. Rule 132. L-48883. (2) documents acknowledged before a notary public except last wills and testaments. e. The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. 1992. If a private writing is offered not as an authentic 8 8 8 8 8 8 People v. Sec. A judge is not a mere referee like that of a boxing bout.

Rule 132.91 Hence.90 Of course. also. a certified true copy of a death certificate issued by the local civil registrar – although a public document – is proof only of the fact which gave rise to its execution. Such evidence of course are only prima facie. he may move or request that it be attached to form part of the record of the case. Rule 130. if an anonymous letter a party has received is relevant to the issues in a case. Sec. even against a third person. The appellate court will better understand and appreciate the assignment of error if the evidence involved is included in the record of the case. good until rebutted by reliable contradictory evidence. This procedure is known as offer of proof or tender of excluded evidence93 and is made for purposes of appeal. An ancient document.e. he may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. which ought to be proved by competent evidence. The death certificate is not evidence of the cause of death. Not all public documents have the same probative value. i. and is unblemished by any alteration or circumstances of suspicion. Sec. If the excluded evidence is oral. the fact of death and the date of that fact. it appears to be more than thirty years old. Sec. Rule 132. provided. he may in his appeal assign as error the rejection of the excluded evidence. And since the offer of proof is for appellate purposes. But "All other public documents are evidence. 2 Rules of Court. he need not authenticate it since he cannot possibly do that anyway. the same cannot be denied by the trial court. 3 Ibid. it need only be identified as that which the offeror claims it to be. of the fact which gave rise to their execution and of the date of the latter. 40. He only has to identify it as the anonymous letter he had received... the clerk of court need not be called to attest to the truth thereof. although private in nature. 9 9 9 9 Rules of Court. The authenticity of the document is immaterial for he is not offering it as authentic. H. If a question asked of a witness by the counsel who presented him is objected to and the objection is sustained. the entries made by the clerk of court in the book of entries of judgments are prima facie evidence of the entered facts. Ibid. If an adverse judgment is eventually rendered against the offeror. 23. Sec. is produced from a custody in which it would naturally be found if genuine. Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts therein stated. needs no authentication either. a party need not authenticate it. 0 1 . if the authenticity of a private document is judicially admitted by the other." 92 Thus.document.e. Tender Of Excluded Evidence Evidence formally offered by a party may be admitted or excluded by the court. 22. 23. If a party’s offered documentary or object evidence is excluded. i. Thus. counsel may manifest for the record what the witness would have answered if the witness had been allowed to do so.

CASE BEGINS WITH THE FILING OF COMPLAINT 1. 109 Phil. L-28156. The names and residences of the plaintiff and defendant must be stated in the complaint. Rule 7. The rule requires that the plaintiff or principal party certifies under oath in the complaint or other initiatory pleading asserting a claim for relief. 981 [1960]. 3. shall be treated as an unsigned pleading. L-43389. 002-10-SC. No.1 2.3 The verification by a lawyer is sufficient. . 149 SCRA 22. as amended by A. 1987.2 Absence of verification when required is not a jurisdictional defect." or lacks a proper verification. Uy. M. March 31.2 Certificate against forum-shopping An important component of a complaint or any initiatory pleading is the certificate of non-forum shopping. to the best of his knowledge. Preliminary 1. Sec. Philippine Bank of Commerce v. 97 SCRA 255. no such other action or claim is pending therein. It is just a formal defect which can be waived. Rule 6. 4. 1 2 3 Rules of Court.4 2. or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court. Uy v. 1980. A pleading required to be verified which contains a verification based on "information and belief" or upon "knowledge. Buenaventura v. information and belief. April 28. Sec. Requirements 2. Macadaeg.CIVIL PROCEDURE PART ONE ORDINARY CIVIL ACTIONS I. Workmen’s Compensation Commission. 4 Rules of Court.1 Verification A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. tribunal or quasi-judicial agency and. Definition of complaint A complaint is a pleading alleging a plaintiff’s cause or causes of action. No.

" 8 Elsewise stated.2. 145 SCRA 34. – plaintiff and plaintiff-in-intervention) and not the counsel. Quitain.R. Buan v. G. 2000. The initiatory pleading should be dismissed without prejudice. However. cross-claimant. No. as a result of an adverse opinion in one forum. Sec. No. 12 This may be done by presenting the original copy plainly indicated as such. 257 SCRA 717. even if there is a certificate of non-forum shopping. Spouses Diu v. Ibajan. third-party. 1999. Rule 13. Five-Star Bus Company v. third-party (fourth-party. personally to the clerk of court or by sending it by registered mail to the 5 6 7 8 9 1 1 1 Rules of Court. . Robern Development Corp. 115858. forum shopping exists where the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in the other.7 (c) There is forum shopping when. 0 Employees Compensation Commission v.R. etc.5 2. Court of Appeals. 5. 135042. simultaneously or successively. Sec.). Rule 7. 2 Rules of Court.11 2. 1 Rules of Court. G. the same shall be ground for summary dismissal with prejudice of the initiatory pleading and shall constitute direct contempt.6 (b) Initiatory pleadings are the complaint. Manner Filing of the complaint is the act of presenting it to the Clerk of Court. 1985. Sec. v. October 13. and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending.R. No. permissive counterclaim. 315 SCRA 150.(b) if there is such other pending action or claim. upon motion and after hearing. or when he repetitively avails himself of "several judicial remedies in different courts. res judicata and not forum shopping should be pleaded as a defense. Rule 7. Forum shopping applies only when two (2) or more cases are still pending. 127064. cross-claim. 1996. No. unless otherwise provided. 5. G.10 (d) Failure to comply with the requirement of a certificate of non-forum shopping may not be cured by mere amendment of the complaint or other initiatory pleading. and all raising substantially the same issues either pending in or resolved adversely by some other court. Filing of Complaint 1. No. January 19. 132657. etc. Court of Appeals. Lopez. L-75349. complaints and complaints-in-intervention. a complete statement of the present status thereof. September 23. a party seeks a favorable opinion (other than by appeal or certiorari) in other fora. if the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. 1999.9 Where judgment has already become final and executory. 2. all substantially founded on the same issue or transactions involving the same essential facts and circumstances. G. as well as a cause for administrative sanctions against the former. 313 SCRA 367. R. June 26. he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.1 Nature (a) The required certificate of non-forum shopping is mandatory but not jurisdictional. The certificate of non-forum shopping should be signed by the plaintiff (permissive counterclaimant. August 31.

19 (e) Accordingly. Rule 13. In personal filing. 1999 304 SCRA 34. Nos. 125683. the docket and filing fees are based on the value of the property and the amount of damages claimed. Sec. R. 202 SCRA 753. the date and hour of receipt by the clerk of court as indicated on the face of the complaint is the date and hour of filing.17 summarizes the rules on payment of docket fees: (a) The rule in this jurisdiction is that when an action is filed in court. which must be specified in the body and prayer of the complaint. 0 Ibid. 4. Note that in Tacay v.14 Filing of the complaint should be distinguished from service of pleadings subsequent to the filing of the complaint. 94677. National Labor Relations Commission. the court may expunge those claims for damages. the Supreme Court opined that a real action may be commenced or prosecuted without an accompanying claim for damages. 3.16 2. October 15. 209 SCRA 55. R. if any. the court. 1989. R. the date of posting appearing on the envelope shall be considered the date of filing. 9 Original Development and Construction Corporation v. December 20. G. 3 4 . the date of receipt by the clerk of court is the date of filing. In filing by registered mail.clerk of court. 180 SCRA 483. 88075-77. May 18.13 Filing of a complaint by mail other than through registry service of the government postal agency is not authorized. No. G. or allow.15 In service of pleadings. (b) In real actions.. Sec. G. Sec. 89070. 6 Ibid. R. 11.18 (c) If the complaint is filed but the fees are not paid at the time of filing. barring prescription. although having jurisdiction over the real action. Court of Appeals. 7 G. Court of Appeals. the complaint must be accompanied by the payment of the requisite docket and filing fees. 1992. on motion. RTC of Tagum Davao del Norte. 1991. if a complaint is mailed through any private letter-forwarding agency. the court acquires jurisdiction upon full payment of the fees within a reasonable time as the court may grant. may not have acquired jurisdiction over the accompanying claim for damages. Thus. 8 Tacay v. 5 Rules of Court. No. (d) Where the fees prescribed for the real action have been paid but the fees of certain related damages are not. a reasonable time for amendment of complaint so as to allege the precise amount of damages and accept payment of the requisite legal fees.. priorities in modes of service must be strictly observed. March 2. Regional Trial Court of Tagum. No.20 1 1 1 1 1 1 1 2 Ibid. Benguet Electric Cooperative. Payment of docket and other lawful fees Ballatan v. Inc v.

1982. the defendant cannot personally be served with summons within a reasonable time. 1 2 . 1. v. the summons shall be served by handing a copy thereof to the defendant in person. Modes of Service of Summons There are four (4) modes of serving summons: (a) personal service.24 If there are two (2) or more defendants. 170 SCRA 274. 2 2 2 2 2 Ibid. 117 SCRA 91. Regional Trial Court of Tagum. and (d) extraterritorial service. for justifiable causes. 1. COURT ACQUIRES JURISDICTION OVER THE PARTIES While the court acquires jurisdiction over the plaintiff by the latter’s voluntary submission to said jurisdiction with the filing of the complaint. each one of them should be served a copy of the summons and the complaint. it should however be considered in the determination of the amount of docket fee.(f) If there are unspecified claims. Rule 14. September 30.23 2. (b) substituted service. (c) constructive (by publication) service. R. 3 Tacay v. February 13. the court acquires jurisdiction over the defendant by his voluntary submission to said jurisdiction or the service of summons and a copy of the complaint upon him. 21 (g) The same rule also applies to third-party claims and other similar pleadings. G. Substituted Service If. Nos. Personal Service Whenever practicable. supra.22 Note: Even if the value of a property is immaterial in the determination of the court’s jurisdiction. the additional filing fee thereon shall constitute a lien on the judgment award. or. 4 Rules of Court. 6. the determination of which may arise after the filing of the complaint or similar pleading. if he refuses to receive and sign for it. 5 Bello v. by tendering it to him. 1989.25 2. Sun Insurance Office Ltd. No. Sec. Ubo. Asuncion. note 18. L-30353. 79937-38.

No. Montalban v. if effected at defendant’s residence. 29 Impossibility of personal service for justifiable reasons must be shown.service may be effected: (1) by leaving copies of the summons at the defendant’s residence with some person of suitable age and discretion then residing therein. Navarro. December 11.28 For substituted service to be valid. the address of the defendant to whom summons was supposed to have been served must be indicated in the return. 9 Rules of Court. L-29067. 149 SCRA 194. This will not affect the validity of the service. Court of Appeals. 8 Filmerco Commercial Co. the service is invalid. the return must show: (1) the efforts exerted by the sheriff to effect personal service within a reasonable period of time. 7. No. 1987. and (4) the service was made with some person of suitable age and discretion residing therein. or (2) by leaving the copies at the defendant’s office or regular place of business with some competent person in charge thereof. Filmerco Commecial Co. note 28. 1977. L-77760.. Rule 14. Inc. v. May 31. Inc. Intermediate Appellate Court. L-22997. 22 SCRA 1070. Intermediate Appellate Court. No.. Sec. (3) the service of summons was made at the defendant’s residence or office or regular place of business at the time of the service.30 Otherwise. Maximo. Rule 14. 1987. 77 SCRA 209.32 2. 1968.31 The sheriff’s certification that he duly served summons on a defendant does not necessarily mean that he validly served the summons.1 Service on Domestic Private Juridical Entity 2 2 2 2 3 3 3 Rules of Court. 1 Venturanza v. if effected at defendant’s office or regular place of business. at the time of the service. 2 Keister v. Impossibility of personal service must be established either by the return or by evidence to that effect. Sec. v. No. 7.27 There must be strict compliance with the requirements of substituted service. L-70661. 6 7 . (2) that such personal service cannot be effected for justifiable reasons. it is immaterial that the defendant does not in fact receive actual notice. 59. supra. impossibility of service should be shown by stating the efforts made to find the defendant. or with some competent person in charge thereof. March 15. 156 SCRA 305. 26 In substituted service. 0 Administrative Circular No. April 9.

No. Court of Appeals. Extraterritorial Service. G. Inc. or the like. August 4. Signetics Corporation v. May 15. Rule 14. 1996. Any proceeding undertaken by the trial court will consequently be null and void. 3 4 .' Accordingly. No. August 31. 12. 3 3 3 3 3 E. No.Service on an agent of the corporation is not permitted.37 When the defendant is a resident of the Philippines.33 2. The court need not go beyond the allegations of the complaint in order to determine whether it has jurisdiction. v. 225 SCRA 737. 105141. B. G. service of summons by publication is allowed in any action. Villarosa & Partner Co. 256 SCRA 696. the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. The rule states 'general manager' instead of only 'manager. 6 Ibid. 14. 7 Rules of Court. Rules of Court. Constructive Service (By Publication) Service upon defendant whose identity or whereabouts are unknown.2 Service on foreign private juridical entity may be allowed only if there are well-pleaded allegations of having transacted or doing business in the Philippines. 4. When Allowed Extraterritorial service of summons is allowed where the action is against a non-resident defendant who is not found in the Philippines and the action: (1) affects the personal status of plaintiffs. R. Ltd. The designation of persons or officers who are authorized to accept summons for a domestic corporation is limited and more clearly specified. 136426.. be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order. 1993.34 The fact of doing business in the Philippines must be established by appropriate allegations in the complaint. Rule 14. v. R.' 'corporate secretary' instead of 'secretary' and 'treasurer' instead of 'cashier.36 3. 1999. 5 Litton Mills. the Court ruled that the service of summons upon the Branch Manager of petitioner at its branch office in Cagayan de Oro City instead of upon the general manager at its principal office in Davao City is improper. Benito. — In any action where the defendant is designated as an unknown owner. Sec. Sec. the trial court did not acquire jurisdiction over the person of the petitioner.35 A determination that the foreign corporation is doing business is only tentative and is made only for the purpose of enabling the local court to acquire jurisdiction over the foreign corporation through service of summons pursuant to Rule 14. The Court stressed the purpose of the strict enforcement of the rule on summons by providing that under Section 20 of Rule 14. Court of Appeals. G. Section 12. or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry. service may. R. Such determination does not foreclose a contrary finding should evidence later show that it is not transacting business in the country. Consequently. 94980. by leave of court. 312 SCRA 65.

Preliminary 3 3 4 4 4 4 4 4 4 Banco Español-Filipino v. Dizon.46 3. 3 Montalban v. October 23. The remedy against a non-resident defendant who cannot be served with summons in the Philippines is to locate real or personal property and attach the property. in which the defendant has claim. No. lack of summons may be waived as when the defendant fails to make any seasonable objection to the court’s lack of jurisdiction over the person of the defendant. Perkins v. lien or interest. Court of Appeals. Inc. INCIDENTS AFTER COURT HAS ACQUIRED JURISDICTION OVER THE PARTIES 1. Court of Appeals. 148 SCRA 541. the attachment is invalid. 252 SCRA 92. R. G. actual or contingent. G. 281 SCRA 198. or in part. v. Rule 14. 1991. Court of Appeals.44 2. substituted service43 or extraterritorial service of summons by leave of court on a resident defendant who is temporarily outside of the Philippines is valid. The action becomes in rem or quasi-in-rem39 in which case. note 27. No. the service by publication is void. Intermediate Appellate Court. Rule 14. No. Any other manner which the court may deem sufficient. 4 Rules of Court. 1987.41 Notes: Service of summons on husband is not binding on wife who is a non-resident. service by publication is permissible. extraterritorial service of summons is proper only in actions in rem or quasi-in-rem. Chu. 87635. 108538. 2 Valmonte v.. 5 Toyota Cubao.40 To be effective. Jr. Inc.(2) relates to or subject of which is property in the Philippines (real or personal). Where. 8 . R. however. 17. 1 Rules of Court. (3) By publication (and copy of summons and order of the court) must be sent by registered mail at last known address. G. v. 37 Phil 921 [1918]. R. March 16. Sec. No. 1989. 1996. Court of Appeals. note 28. Sahagum v. Sec. 6 Baticano v. G. in excluding the defendant from any interest therein. R. or (3) in which relief demanded consists wholly. January 22. 172 SCRA 886. supra. 198 SCRA 44. Effect of Lack of Summons The trial court does not acquire jurisdiction and renders null and void all subsequent proceedings and issuances in the actions from the order of default up to and including the judgment by default and the order of execution. extraterritorial service of summons must be with leave of court and only through any of the following means: (1) Personal service. April 27. (2) By publication (and copy of the summons and order of the court must be sent by registered mail to the last known address). 1997.45 However. 0 Obaña v. 69 Phil 186 [1939]. 78328.. 126321. supra. or (4) property of defendant has been attached in the Philippines.38 Thus. L-58036. Palanca. 16.42 However. Maximo. June 3. 9 Filmerco Commercial Co.

7 motion to declare defendant in default under Rule 9.2 motion for extension of time to file responsive pleading under Rule 11. Sec.6 motion for production or inspection of documents of things under Rule 27. Section 1. Defendant 2. Plaintiff 1. .4 motion for leave of court to take the deposition upon oral examination or written interrogatories of any person.47 4 7 Rules of Court. 1. Section 11.After the court has acquired jurisdiction over the parties. Section 3. Section 6. Section 1. Section 1. Section 1. 2. 1. the parties may file the following notice.5 motion for leave of court to serve written interrogatories upon defendant under Rule 25. whether party or not under Rule 23. 2.3 motion for bill of particulars under Rule 12. 1. 2.2 amended complaint under Rule 10. Rule 17.1 motion to set aside order of default under Rule 9. 1.3 motion for leave to file a supplemental complaint under Rule 10. Section 2.4 notice of dismissal of the complaint under Rule 17. 1. motions and pleadings: 1. 2. Section 1. Rules on the Specific Incidents 1. and 2. but before the defendant files his responsive pleading. Notice of Dismissal of Complaint A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment.1 notice of dismissal of the complaint under Rule 17. Section 3. 1. 1.

3 Rules of Court. Sec. Rule 10. (c) even where the notice of dismissal does not provide that it is with prejudice but it is premised on the fact of payment by the defendant of the claims involved. No. Minute Resolution. It does not result in the withdrawal of the original complaint. permit him to serve a supplemental pleading setting forth transactions. 5 Ibid. Supplemental Complaint Upon motion of a party the court may upon reasonable notice and upon such terms as are just. R. 8 9 . 3. 4 Ibid. (b) where the plaintiff has previously dismissed the same case in a court of competent jurisdiction. 2. there must be an order confirming the dismissal. the following are the recognized exceptions: (a) where the notice of dismissal so provides. July 7. even substantial amendments may be made under this Rule. 1 Paeste v. 93 Phil 774 [1953]. if it appears to the court that the motion was made with intent to delay. A supplemental pleading is always filed with leave of court.50 The filing by the defendant of a motion to dismiss does not affect the plaintiff’s right to amend his complaint without first securing leave of court because a motion to dismiss is not a responsive pleading. Rule 17. 134071. at any time within ten (10) days after it is served.49 2. he should be presented in court to testify. occurrences or events which have happened since the date of the pleading sought to be supplemented. Rule 10.55 A supplemental pleading incorporates matters arising after the filing of the complaint. 4. But such leave may be refused. Gordon v. G. However. 7. Rule 11. Rules of Court. 0 Rules of Court. 2 Rules of Court.48 For the notice of dismissal to be effective. 94 Phil 179 [1953]. the dismissal of the complaint under this rule is without prejudice.As a general rule. a 4 4 5 5 5 5 5 5 Serrano v. Amended Complaint A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or. Jarique. If the witness is available to testify.52 3. However.54 The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. Payumo. Sec. 51 Leave of court is necessary after the filing of a responsive pleading. 1. If available to testify. Cabrera. in the case of a reply.53 The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. Sec. 1998. Sec. Deposition (Rule 23) A deposition is not generally supposed to be a substitute for the actual testimony in open court of a party or witness.

and (d) If only part of a deposition is offered in evidence by a party. Section 4. a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court. partnership. or (5) upon application and notice. or to give a deposition pending appeal. or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena. 1. sickness. a party who fails to file and serve a request for admission on the adverse party of material and relevant facts which are.party’s or witness’ deposition is inadmissible in evidence for being hearsay. 56 The exceptions however to the inadmissibility of such deposition are provided for in Rule 23. (c) The deposition of a witness. Rules of Court. (b) The deposition of a party or of any one who at the time of taking the deposition was an officer. and any party may introduce any other parts. 225 SCRA 622. to wit: Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice. infirmity. may be used by any party for any purpose if the court finds: (1) that the witness is dead. Section 1) 5 5 5 5 Dasmariñas Garments. Sec. 6 7 . or association which is a party may be used by an adverse party for any purpose. Rule 26. whether or not a party. Production or Inspection of Document or Things (Rule 27. v. Rule 29.57 If a party fails to avail of written interrogatories as a mode of discovery. or ought to be within the personal knowledge of the latter. Sec. 3 (3). Section 1) A judgment by default may be rendered against a party who fails to serve his answer to written interrogatories. 9 Ibid. 1993.59 7. 6. or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing. shall not be permitted to present evidence on such facts. Copies of the documents shall be delivered with the request unless copies have already been furnished. G. the adverse party may require him to introduce all of it which is relevant to the part introduced. the effect is provided for in Rule 25. Reyes. 108229. R. to allow the deposition to be used. or is out of the Philippines. Section 6.58 Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice. No. director. 5. as follows: (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. Written Interrogatories upon Defendant (Rule 25. Sec. unless it appears that his absence was procured by the party offering the deposition. a party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court. 5. Inc. that such exceptional circumstances exist as to make it desirable. or managing agent of a public or private corporation. August 24. 8 Rules of Court. Request for Admission At any time after issues have been joined. or imprisonment. or (3) that the witness is unable to attend to testify because of age.

131466 November 27. and proof of such failure. No. 1987. Such reception of evidence may be delegated to the clerk of court. Florendo. 1975. note 64.60 10..63 If no motion to declare defendant in default is filed. order him to submit to a physical or mental examination by a physician. 9.62 A declaration of default cannot be made by the court motu proprio. upon motion of the claiming party with notice to the defending party. control the proceedings and examine the witnesses or object to plaintiff’s evidence. Default (Rule 9. R. Inc. Thereupon. No. No. adduce evidence and be heard nor take part in trial. L-46371. 1981. July 3. Florendo. No.1 Effect of Order of Default (a) A party in default loses his standing in court. Rules of Court. Samson.This mode of discovery does not mean that the person who is required to produce the document or the thing will be deprived of its possession even temporarily. Rule 9. 76366. 4 Cavili v. 187 SCRA 153. there must be a motion to that effect. 65 He loses his right to present evidence. Section 1) In an action in which the mental or physical condition of a party is in controversy. 1998. it is the law which makes that determination. supra. March 10. it is grave abuse of discretion for the court to refuse to recognize and observe the effects of that refusal as mandated by law. in its discretion.64 He cannot file a motion to dismiss without first filing a motion to set aside the order of default. Consequences of Refusal (Rule 29) A trial court has no discretion to determine what the consequences of a party’s refusal to allow or make discovery should be. the complaint should be dismissed for failure to prosecute. 8. G. unless the court in its discretion requires the claimant to submit evidence. the court in which the action is pending may. October 9. 6 Cavili v. v. 0 1 .61 Another ground to declare a defending party in default is when he fails to furnish a copy of the answer to the claiming party. R. Ramirez v. 63 SCRA 50. 3 The Philippine British Co. 299 SCRA 459. 5 Santos v. Nos. 49 Phil 747 [1926]. Court of Appeals. 154 SCRA 610. declare the defending party in default. A party in default. He cannot appear therein. 2 Gonzalez v. the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant. 110 SCRA 215. the court shall. Physical and Mental Examination of a Party (Rule 28. L-73039.1. 6 6 6 6 6 6 6 Diman v. December 14. Francisco. 1990. De los Angeles. 10. Section 3) If the defending party fails to answer within the time allowed therefore.66 (b) A motion to declare the defending party in default should be served upon him. It is enough that the requesting party be given the opportunity to inspect or copy or photograph the document or take a look at the thing. L-33720-1.1 Rules on Default 10. Alimbres G. however.

1985.68 He may be cited and testify as a witness. motion to set aside order of default. L-63397.2 Summary of the Remedies in Default70 (a) From notice of the order of default but before judgment. No. R. Sec. G. petition for annulment of judgment under Rule 47. Sec. 1992. Lina v. R. 208 SCRA 436.1. G. 135 SCRA 637. 63 SCRA 285. R. Section 1. Matute v. in a proper case and within the prescribed period. 0 Rules of Court. (c) After finality of judgment: Within the prescribed period. (ii) motion for new trial under Rule 37. action for legal separation.3 Actions where Default is Not Allowed (a) Action for declaration of the nullity of marriage. June 11. petition for relief from judgment under Rule 38. No. in a proper case. R. to intervene for the State in order to see 6 6 6 7 Rules of Court. Court of Appeals. March 25. Omico Mining and Industrial Corporation v. (b) After judgment but before its finality: (i) motion for reconsideration under Rule 37. G. L-38974. and (iii) appeal under Rule 41. action for annulment of marriage. 49463. 209 SCRA 732. April 9. supra. 7 8 .1. May 7. A party in default is still entitled to notice of final judgments and orders and proceedings taken subsequent thereto. petition for certiorari under Rule 65. August 30. 3 (b). Court of Appeals. and if there is no collusion. 196 SCRA 166.shall be entitled to notice of subsequent proceedings but not to take part in the trial. Court of Appeals. What is waived is only the right to be heard and to present evidence during trial while default prevails. Suñga. Florendo. 26 SCRA 768. Rule 9. note 64. No. No. 116 SCRA 213. 10. Court of Appeals. petition for certiorari under Rule 65. L-26571. Section 1. 1975.67 (c) Being declared in default does not constitute a waiver of all rights. and. Malanyaon v. Court of Appeals. and. Circle Financing Corporation v. Vallejos. Akut v. Rule 9. Garcia v. Section 1. 1982. 83929. G.69 10. 1969. 77315. 1992. Note: If the defending party fails to answer. No. and in a proper case and within the prescribed periods. 1991. L-45472. 3(a). April 22. No. January 31. Section 1. 9 Cavili v. the court shall order the prosecuting attorney to investigate whether or not a collusion exists between the parties.

allow or require the claimant to submit evidence. April 27. Section 1) Before responding to a pleading. September 30. 88586.to it that the evidence submitted is not fabricated. the clerk of court must immediately bring it to the attention of the court which may either grant or deny it or hold a hearing therein. 76 The court can extend but not shorten the period to plead as fixed by the Rules.77 7 7 7 7 7 7 7 Rules of Court. Rule 9.4 Two (2) Kinds of Proceedings after Declaration of Default and the Extent of Relief that may be Granted (a) Without Hearing The Court may immediately render judgment granting the claimant such relief as his pleading may warrant. Bill of Particulars (Rule 12. Sec. 3 Rules of Court. Rule 9. 13 and 19. L-75000. 5 Rules of Court. 1990. 3 (d). After the reception of claimant’s evidence.74 (b) With Hearing The court may. G. Commonwealth Financing Corporation. 1971. 184 SCRA 728. the paragraphs wherein they are contained. 4 Rules of Court. 1982. Court of Appeals. Such relief however shall not exceed the amount or be different in kind from that prayed for nor award unliquidated damages. Secs. Inc. 1 2 . 7 Rules of Court. No. in its discretion.75 11.71 (b) Before expiration of period to answer as when there is a pending motion for extension. No. The Court need not wait for the date set for hearing of the motion. G. Rule 12. Denso (Phils. Sec. It may also award unliquidated damages without exceeding the amounts prayed for. Such motion shall point out the defects complained of. Such reception of evidence may be delegated to the Clerk of Court. and the details desired. 6 Naga Development Corporation v. 12. 3 (e). Intermediate Appellate Court. No. 28173. No. Joesteel Container Corporation v. R. Rule 9. September 30. the motion must be filed within ten (10) days from service thereof. Sec. the court may render judgment granting the reliefs prayed as established by the evidence.1. 117 SCRA 43.73 10. Rule 70. February 27. Upon the filing of the motion. Continental Cement Corporation v. 3 (d). a motion to declare defendant in default is not allowed. If the pleading is a reply. Court of Appeals. v. 1987. R.72 (c) In actions governed by the Rule on Summary Procedure. 148 SCRA 280. L-25778.). Sec. a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. 2. Extension of Time to file Responsive Pleading (Rule 11) The granting of a motion to extend the time to plead is addressed to the sound discretion of the court. 41 SCRA 105.

(h) That the claim or demand set forth in the plaintiff’s pleading has been paid. It is a decisional rule that in a motion to dismiss on the ground that the complaint states no cause of action.. (c) That venue is improperly laid. (f) That the cause of action is barred by a prior judgment or by the statute of limitations. No. waived.If the order directing the plaintiff to submit a bill of particulars is not complied with. Inc. abandoned. (b) That the court has no jurisdiction over the subject matter of the claim. the movant hypothetically admits the truth of the allegations of the complaint which are relevant and material to plaintiff’s cause of action. and (j) That a condition precedent for filing the claim has not been complied with.). or otherwise extinguished. G. (d) That the plaintiff has no legal capacity to sue. 25530. January 29. Section 1) Within the time for but before filing the answer to the complaint or pleading asserting a claim. Bristol Laboratories (Phil. . Grounds (Rule 16. This admission does not include inferences or conclusions drawn from the alleged facts nor to matters of evidence.79 7 7 8 9 Ibid. 1974. R. (g) That the pleading asserting the claim states no cause of action. 55 SCRA 349. the court may order the striking out of the pleading or the portion thereof to which the order was directed or make such orders as it deems just. surplasage or irrelevant matters nor to allegations of fact the falsity of which is subject to judicial nature. De Dios v. 4. (e) That there is another action pending between the same parties for the same cause. a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party..78 13. (i) That the claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds. Motion to Dismiss 1. Sec.

Formal Requisite: The motion must comply with Rule 15. The court is without authority to act on the motion without proof of service of the notice of hearing.80

2. Discussion of Individual Grounds

2.1 Court has no jurisdiction over the person defending party.

2.2 Court has no jurisdiction over the subject matter of the claim.81

2.3 Venue is improperly laid.

(a) Venue of an action depends upon the:

a.1 nature of the action;

a.2 residence of the parties;

a.3 stipulation of the parties; and

a.4 law.

(b) Test to Determine Nature of Action

The nature of the action is determined from the allegations of the complaint, the character of the relief, its purpose and prime objective. When the prime objective is to recover real property, it is a real action.82

(c) Rule that Stipulations as to Venue may Either Be Permissive or Mandatory

Written stipulations are either mandatory or permissive. In interpreting stipulations as to venue, inquiry must be made as to whether or not the agreement is restrictive in the sense that the suit may be filed only in the place agreed upon or merely permissive in that the parties may file their suits not only in the place agreed upon but also in the places fixed by the rules.83

8 8 8 8

Rules of Court, Rule 15, Sec. 6. Ibid. 2 Fortune Motors, Inc. v. Court of Appeals, G. R. No. 76431, October 19, 1989, 178 SCRA 564. 3 Rules of Court, Rule 4, Sec. 4 (b), Polytrade v. Blanco, No. L-27033, October 31, 1969, 30 SCRA 187; Unimasters Conglomeration, Inc. v. Court of Appeals, G. R. No. 119657, February 7, 1997, 267 SCRA 759.
0 1

Qualifying or restrictive words are 'must,' 'only,' and 'exclusively' as cited in Philippine Banking Corporation v. Tensuan,84 'solely,' 'in no other court,' 'particularly,' nowhere else but except', etc.85

(d) Waiver by Failure to File Motion to Dismiss Based on Improper Venue:

Improper venue may now be pleaded as an affirmative defense in the answer. 86 Improper venue may only be deemed waived if it is not pleaded either in a motion to dismiss or in the answer.87

2.4 Plaintiff Has No Legal Capacity to Sue

(a) Meaning

Legal capacity to sue means that a party is not suffering from any disability such as minority, insanity, covertures, lack of juridical personality, incompetence, civil interdiction88 or does not have the character or representation which he claims89 or with respect to foreign corporation, that it is doing business in the Philippines with a license.90

(b) Decisional Rules

In Pilipinas Shell Petroleum Corporation v. Dumlao, 91 the Supreme Court held that a person who has no interest in the estate of a deceased person has no legal capacity to file a petition for letters of administration. With respect to foreign corporations, the qualifying circumstances of plaintiff’s capacity to sue being an essential element must be affirmatively pleaded.92 The qualifying circumstance is an essential part of the element of the plaintiff’s capacity to sue.93 The complaint must either allege that it is doing business in the Philippines with a license or that it is a foreign corporation not engaged in business and that it is suing in an isolated transaction.

2.5 Litis Pendentia

(a) Rationale of the Rule: Like res judicata as a doctrine, litis pendentia is a sanction of public policy against multiplicity of suits.94 The principle upon which a plea of another action pending is sustained is that the latter action is deemed unnecessary and vexatious.95
8

8 8 8 8 8 9 9 9 9

9 9

G. R. No. 106920, December 10, 1993, 228 SCRA 385; Bautista v. Borja, G. R. No. 20600, October 28, 1966, 18 SCRA 474. 5 Unimasters Conglomeration, Inc. v. Court of Appeals, supra, note 83. 6 Rules of Court, Rule 1, Sec. 6. 7 Rules of Court, Rule 9, Sec. 1. 8 Calano v. Cruz, 91 Phil. 247 [1952]. 9 1 Moran 174-177 [1979]. 0 Corporation Code, Sec. 133. 1 G.R. No. 44888, February 7, 1992, 206 SCRA 40. 2 Leviton Industries v. Salvadro, No. L-40163, June 19, 1982, 114 SCRA 420. 3 Bulakhidas v. Navarro, No. L-49695, April 7, 1986, 142 SCRA 4; Antam Consolidated, Inc. v. Court of Appeals, No. L61523, July 31, 1986, 143 SCRA 288. 4 Investors’ Finance Corporation v. Ebarle, No. L-70640, June 29, 1988, 163 SCRA 60. 5 Victronics Computers, Inc. v. Logarta, G. R. No. 104019, January 25, 1993, 217 SCRA 517; Arceo v. Oliveros, No. L4

(b) Requisites of Litis Pendentia: To prevail as a ground for a motion to dismiss, the following elements must be present:

b.1 Identity of parties, or at least such as representing the same interest in both actions;

b.2 Identity of rights asserted and prayed for, the relief being founded on the same facts; and

b.3 The identity on the preceding particulars should be such that any judgment which may be rendered on the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.96

(c) Which of the Two Cases Should be Dismissed?

The Rules do not require as a ground for dismissal of a complaint that there is a prior pending action. They provide that there is a pending action, not a pending prior action. Given, therefore, the pendency of two actions, the following are the relevant considerations in determining which action should be dismissed:

c.1 the date of the filing, with preference generally given to the first action filed to be retained;

c.2 whether the action sought to be dismissed was filed merely to preempt the later action or to anticipate its filing and lay the basis for its dismissal; and

c.3 whether the action is the appropriate vehicle for litigating the issues between the parties.97

2.6 Res Judicata

(a) Statement of the Doctrine

The doctrine of res judicata is a rule which pervades every well-regulated system of jurisprudence and is founded upon two grounds embodied in various maxims of the common law, namely:

a.1 public policy and necessity which make it to the interest of the state that there should be an end to litigation – interest reipublicae ut sit finis litium, and 38257, January 31, 1985, 134 SCRA 308; Andresons Groups, Inc. v. Court of Appeals, G. R. No. 114928, January 21, 1997, 266 SCRA 423. 6 Lamin Ents. v. Lagamon, No. L-57250, October 30, 1981, 108 SCRA 740; FEU-Dr. Nicanor Reyes Medical Foundation v. Trajano, No. L-76273, July 31, 1987, 152 SCRA 725; Suntay v. Aquiluz, G. R. No. L-28883, June 3, 1992, 209 SCRA 500; Valencia v. Court of Appeals, G. R. No. 111401, October 17, 1996, 263 SCRA 275; Cokaliong Shipping Lines, Inc. v. Amin, G. R. No. 112233, July 31, 1996, 260 SCRA 122. 7 Allied Banking Corporation v. Court of Appeals, G. R. No. 95223, July 26, 1996, 259 SCRA 371.

9

9

a.2 the hardship on the individual that he should be vexed twice for the same cause – nemo debet bis vexari et eadem causa. 98

(b) The requisites of res judicata are the following:

b.1 the former judgment or order must be final;

b.2 it must be a judgment or order on the merits;

b.3 the court which rendered it had jurisdiction over the subject matter and the parties; and

b.4 there must be, between the first and second actions, identity of parties, of subject matter and of cause of action.99

(c) Two Aspects of Res Judicata

c.1 Bar by Former Judgment – when, between the first case where the judgment was rendered, and the second case where the judgment is invoked, there is identity of parties, subject matter and cause of action.

c.2 Conclusiveness of Judgment – when there is an identity of parties but not cause of action, the judgment being conclusive in the second case only as to those matters actually and directly controverted and determined, and not as to matters invoked thereon.100

(d) Decisional Rules

A judicial compromise has the effect of res judicata and is immediately executory and not appealable.101 The ultimate test in ascertaining the identity of causes of action is said to be to look into whether or not the same evidence fully supports and establishes both the present cause of action and the former cause of action. 102 Only substantial, and not absolute, identity of parties is required for res judicata.103

2.6 Statute of Limitation (Prescription of Action)

An action prescribes by the lapse of time fixed in the Civil Code (Articles 1139 to 1155).

9 9 1 1 1 1

Linzag v. Court of Appeals, G. R. No. 122181, June 26, 1998, 291 SCRA 304. Casil v. Court of Appeals, G. R. No. 121534, January 28, 1998, 285 SCRA 204. 00 Islamic Directorate of the Philippines v. Court of Appeals, G. R. No. 117897, May 14, 1997, 272 SCRA 454. 01 Republic v. Court of Appeals, G. R. No. 110020, September 25, 1998, 296 SCRA 171. 02 Bachrach Corporation v. Court of Appeals, G. R. No. 128349, September 25, 1998, 296 SCRA 487. 03 Sempio v. Court of Appeals, G. R. No. 124326, January 22, 1998, 284 SCRA 580.
8 9

ART. 1139. Actions prescribe by the mere lapse of time fixed by law.

ART. 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to article 1132, and without prejudice to the provisions of articles 559, 1505, and 1133.

ART. 1141. Real actions over immovables prescribe after thirty years.

This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription.

ART 1142. A mortgage action prescribes after ten years.

ART 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:

1. To demand a right of way, regulated in article 649;

2. To bring an action to abate a public or private nuisance.

ART. 1144. The following actions must be brought within ten years from the time the right of action accrues:

1. Upon a written contract;

2. Upon an obligation created by law;

3. Upon a judgment.

ART. 1145. The following actions must be commenced within six years:

1. Upon an oral contract;

2. Upon a quasi-contract.

ART. 1146. The following actions must be instituted within four years:

1. Upon an injury to the rights of the plaintiff;

2. Upon quasi-delict.

However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year.104

Art. 1147. The following actions must be filed within one year:

1. For forcible entry and detainer;

2. For defamation.

ART. 1148. The limitations of action mentioned in articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce and in special laws.

ART. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues.

ART. 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought.

ART. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.

ART. 1152. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final.

ART. 1153. The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions.

The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties.

ART. 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him.

ART. 1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.

1

04

As amended by PD No. 1755, December 24, 1980.

G.R. Court of Appeals. Heirs of Vicente Madrigal. Ericta. 79 SCRA 525. 1992. L-29213. June 16. 10 D. and a.7 Pleading Asserting Claim States No Cause of Action (a) Elements of a Cause of Action A cause of action exists if the following elements are present. 1991. 07 Ruiz v. 211 SCRA 144. 97816.109 (b) Hypothetical Admission of Allegations of Fact in the Complaint It is axiomatic that a defendant moving to dismiss a complaint on this ground is regarded as having admitted all the averments thereof. C. 211 SCRA 824. R. 87678. R. No. Crystal. In determining the sufficiency of the statements in the complaint as setting forth a cause of action. 285 SCRA 81. Rava Development Corporation v. v. February 16. 1989. February 28.105 If the defense of prescription has not been raised in a motion to dismiss or an answer. 1997. Rules of Court. 108017. only those statements in the complaint. Inc. v. Court of Appeals. 62650.106 Prescription cannot be invoked as a ground if the contract is alleged to be void ab initio107 but where prescription depends on whether the contract is void or voidable.(a) Decisional Rules Prescription and estoppel cannot be invoked against the State. No.3 an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages. or hold a preliminary hearing to determine their existence. G. G. the court could render a valid judgment upon the same in accordance with the prayer thereof. July 24. Bacani. Laya. may properly be considered. 05 06 . G. L-30455. No. Rule 9. April 3. No. 1992. 1998. G. 84 SCRA 705. at least hypothetically. 1995. July 3. G. v. there must be a hearing. 117 SCRA 117. the test of the sufficiency of the facts found in a petition. June 27. Inc. Court of Appeals. 243 SCRA 220 cited in Parañaque Kings Enterprises. Castillo v. 121468. 53597. R. 170 SCRA 734. Del Bros. May 9. August 23. and it is error for the Court to take cognizance of external facts. the action shall be dismissed. being whether or not. 96825. 1992. R. No. 1982.110 (c) The following Allegations are not Deemed Hypothetically Admitted: 1 1 1 1 1 1 Delos Reyes v. if the plaintiff’s complaint or evidence shows that the action had prescribed. January 27. 08 Landayan v. 11538. September 30. Ferrer v.108 2. as constituting a cause of action. Court of Appeals. No. a. Court of Appeals. 09 Dulay v. R. admitting the facts alleged. No. Court of Appeals. v. No. Court of Appeals. 198 SCRA 556. October 21. No. 210 SCRA 33.L-41767. No. No.1 a right in favor of the plaintiff by whatever means and under whatever law it arises or is created. Aznar v. 1. 1988. G. 1977. Merill Lynch Futures. G. R. to repeat. namely: a. No. 161 SCRA 276. Inc. L81190. 1978. R. Bernad. Sec.2 an obligation on the part of the named defendant to respect or not to violate such right.

R. January 15. neither allegations of conclusions nor allegations of fact the falsity of which the court may take judicial notice are deemed admitted. 117029. Waived. the same may be dismissed for lack of cause of action.1 allegations of which the court will take judicial notice are not true. R. 1988. Consolidated Bank and Trust Company. L-59480. No.115 c. U. No. 15 Asia Banking Corporation v. 119 SCRA 90. G. must be considered as part of the complaint without need of introducing evidence thereon. No.7 All documents attached to a complaint. v.114 the facts therein adduced may be considered. Inc. the complaint not having alleged the fact of such exhaustion. 111 Phil. L-23136.2 legally impossible facts. 270 SCRA 82. Pioneer Savings and Loan Bank. Bañez Electric Light Company v. Court of Appeals. Garcia. every court must take cognizance of decisions the Supreme Court has rendered because they are proper subjects of mandatory judicial notice as provided by Section 1 of Rule 129 of the Rules of Court. No. 1231. February 29. Olsen and Co. 157 SCRA 100. 10 SCRA 400.9 Exhaustion of Administrative Remedies.' and failure of any court to apply them shall constitute an abdication of its duty to resolve a dispute in accordance with law. 17 Pineda v. Inc. c. 48 Phil. Director of Forestry. March 29. Walter E.8 In resolving a motion to dismiss. 643 [1961] 11 . 1964. G. Where plaintiff has not exhausted all administrative remedies. c. 14 Santiago v.. Dalandan v. 58 SCRA 560. July 30. Court of First Instance of Davao.. Marcopper Mining Corporation v. Julio.6 Where the motion to dismiss was heard with the submission of evidence or if documentary evidence admitted by stipulation discloses facts sufficient to defeat the claim 113 or admitted during hearing on preliminary injunction. Obligations are extinguished: 1 1 1 1 1 1 1 Mathay v. 77502. 'form part of the legal system. Abandoned or Otherwise Extinguished ART. 1986. 16 Peltan Development. 529 [1925]. 143 SCRA 178. Abra Electric Cooperative. August 26. No.5 When other facts may be considered. c. and shall be a ground for administrative action against an inferior court magistrate. more importantly.117 (d) Claim or Demand Set Forth in the Plaintiff’s Pleading Has Been Paid. 1997.116 c. L-55935. and c.3 facts inadmissible in evidence. 1983. the due execution and genuineness of which are not denied under oath by the defendant.112 c. No. No. 13 Ibid. The said decisions. 1974. December 8. L-19101.111 c.c. 1982. L-24548.4 facts which appear by record or document included in the pleadings to be unfounded. October 27. 125 SCRA 302. 12 Tan v.

unless the same. (v) by compensation. and (vi) by novation. or for the sale of real property or of an interest therein. or pay at the time some part of the purchase money. chattels or things in action. (iv) by the confusion or merger of rights of debtor and creditor. fulfillment of a resolutory condition. or secondary evidence of its contents: a. price. but when a sale is made by auction and entry is made by the auctioneer in his sales book. ART. evidence.(i) by payment or performance. In the following cases. An agreement that by its terms is not to be performed within a year from the making thereof. The following contracts are unenforceable. names of the purchasers and person on whose account the sale is made. Other causes of extinguishment of obligations. 1403. or the evidences. 1403 the contracts falling under the Statute of Frauds. or some note or memorandum thereof. . and prescription. therefore. (ii) by the loss of the thing due. such as annulment. 2. an agreement hereafter made shall be unenforceable by action. of the agreement cannot be received without the writing. Those that do not comply with the Statute of Frauds as set forth in this number. of the amount and kind of property sold. and subscribed by the party charged. An agreement for the leasing for a longer period than one year. it is a sufficient memorandum. rescission. Those entered into in the name of another person by one who has been given no authority or legal representation. at a price not less than five hundred pesos. or who has acted beyond his powers. b. (e) Statute of Frauds (f) The Civil Code enumerates in Art. unless the buyer accept and receive part of such goods and chattels. or some of them. be in writing. terms of sale. unless they are ratified: 1. c. (iii) by the condonation or remission of the debt. An agreement for the sale of goods. of such things in action. at the time of the sale. or by his agent. are governed elsewhere in this Code.

3. Those where both parties are incapable of giving consent to a contract. Chapter 6 of RA 8792 (E-Commerce Law) where the law requires a writing or document. (6) Future legitime. 1 1 18 19 Yuvienco v. or order the amendment of the pleading. 1981. L-55048. 2035. . That the claim is unenforceable under the Statute of Frauds may be shown and determined during the hearing of the motion to dismiss on said ground. No. (g) Some Decisional Rules Absence of compliance with the Statute of Frauds may be proved in a motion to dismiss. A motion invoking the Statute of Frauds may be filed even if the same does not appear on the face of the complaint. The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable.118 Plaintiff must produce all notes or memorandum during the hearing of the motion to dismiss. (2) The validity of a marriage or a legal separation.d. 3. deny the motion. A representation as to the credit of a third person. 104 SCRA 668.119 Under Sec. (5) The jurisdiction of courts. Ibid. (3) Any ground for legal separation. the court may dismiss the action or claim. May 27. that requirement is met by an electronic document which maintains its integrity and reliability and can be authenticated so as to be useable for subsequent reference. No compromise upon the following questions shall be valid: (1) The civil status of persons. (4) Future support. Resolution of the Motion After the hearing. Dacuycuy. The Civil Code on cases where compromise is not allowed: Art. 2.

Rule 16. Section 2) – fifteen (15) days after being served with a copy thereof. 3.125 1.4 Answer to counterclaim or cross-claim .1 when summons is served upon a resident agent – fifteen (15) days after service of summons.2 amended complaint was filed with leave of court (Rule 10. etc. Amended Counterclaim. Section 4. unless the court provides a longer period. 12. 24 Rules of Court. the resolution shall state clearly and distinctly the reasons therefor. 2.3 Answer to Amended Complaint.In every case. under Rule 16. Sec. the movant shall file his answer within the balance of the period provided by Rule 11 to which he was entitled at the time of serving his motion.2 when summons is served on the government official designated to receive the same – thirty (30) days from receipt by the latter of the summons. JOINDER OF ISSUES 1.within ten (10) days from service.2. Rule 11.3.124 and 1.2 Answer of a defendant foreign private juridical entity 1. if a motion to dismiss is denied. 1.) Complaint – fifteen (15) days after service of summons.123 1.) Complaint: 1. he shall file his answer within the period prescribed by Rule 11 counted from service of the amended pleading. 26 Rules of Court. If the pleading is ordered to be amended. Section 3) – ten (10) days from notice of order admitting the amended complaint. Rule 11.3.122 1. etc. Time to Plead 1. 25 Ibid. Sec. Rules of Court. 3.121 However. Rule 14.120 4. Rule 11.126 1 1 1 1 1 1 1 20 21 22 Rules of Court. Amended Cross-claim and Amended Third-Party (Fourth-Party. Sec. but not less than five (5) days in any event. Secs.2.1 Answer to Complaint and Third-Party (Fourth-Party. Sec. Rule 11. Sec. unless a different period is fixed by the court. Rules of Court. computed from his receipt of the notice of the denial. .1 amended complaint was filed as a matter of right (Rule 10. 23 Rules of Court. 4. 1 and 5. Filing of Answer 1.

except that in an original action before the Regional Trial Court. arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.130 Strict compliance with said periods is mandatory and imperative.. Rule 6.. Counterclaim 1. Court of Appeals. that there is another action pending between the same parties for the same cause.5 Reply . Ibid. Court of Appeals. Court of Appeals. 7. 33 Ibid. Ocumen. 76 Phil. 6. 30 Alvero v.1.128 1. 1984. No. 27 28 . August 21. L47296. 29 Rules of Court. Sec. Effect of Failure to Plead (Rule 9) Sec. Mangali v. 99 SCRA 236.6 Answer to supplemental complaint .7 Answer to Complaint-in-Intervention . 6.. 1980. R.129 2. 1983. Sec. Strict Observance of the Period While the rules are liberally construed. 130 SCRA 216. Defenses and objections not pleaded.127 1. or that the action is barred by a prior judgment or by Statute of Limitations. De La Rosa. Sec. June 29.within fifteen (15) days from notice of the order admitting the same unless a different period is fixed by the court. unless a different period is fixed by the court. the counterclaim may be considered compulsory regardless of the amount.within ten (10) days from notice of the order admitting the same. Rule 19. when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter. 428 [1946]. being cognizable by the regular courts of justice. Definition A counterclaim is any claim which a defending party may have against an opposing party. L-49320. 929 [1960]. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof. 125 SCRA 22. October 11. However. the compulsory and the permissive. 60577. Sec. 32 Rules of Court. 7.131 3. Valdez v. 106 Phil. 1. 2.within ten (10) days from service of the pleading responded to. 31 FJR Garments Industries v. G.–Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. the court shall dismiss the claim.132 There are two (2) kinds.133 1 1 1 1 1 1 1 Ibid. Sec. Legaspi-Santos v. A compulsory counterclaim is one which. the provisions on reglementary periods are strictly applied for they are deemed indispensable to the prevention of needless delays and necessary to the orderly and speedy discharge of judicial business. 7.

No. L-25889. It is not barred even if not set up in the action. Annotated 1997 Rules of Court. 26768. the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party specifically denies under oath its genuineness and due execution. it shall be barred. R. 1019 [1958]. no docket fee is paid and the certificates mentioned above are not required. 141 or to a dismissal due to the fault of the plaintiff.. Palaroan. but not a cross-claim seeking affirmative relief. Navarro v. In a compulsory counterclaim. Sec. 8. Difference Between Permissive and Compulsory Counterclaim In a permissive counterclaim. 39 Rules of Court. the docket and other lawful fees should be paid and the same should be accompanied by a certificate against forum shopping and certificate to file action issued by the proper Lupon Tagapamayapa. 37 Feria.143 3. 1973. Sec. Sec. 129718.137 If the counterclaim is based on an actionable document attached to or copied in the counterclaim. 3. in his reply.135 A compulsory counterclaim that merely reiterates special defenses which are deemed controverted even without a reply. 1970. L-27930.4 A third-party complaint need not arise out of or be entirely dependent on the main action as it suffices that the 1 1 1 1 1 1 1 1 1 1 Santo Tomas University v. 1998. November 26. Rule 9. 42 Ibid.1 A cross-claim which is not set up in the action is barred. 68 [1947]. 34 35 .A counterclaim which is not compulsory is a permissive counterclaim. Sec.2 The dismissal of the complaint carries with it the dismissal of the cross-claim which is purely defensive. 38 Rules of Court.138 3.139 3. 41. Court of Appeals. 36 Lama v. October 30. Gojo v Goyala. Surla. It should also be answered by the claiming party. amend his cause of action nor introduce therein new or additional causes of action. 35 SCRA 557. Rule 8. 2.136 However.142 3. 2. or raises issues which are deemed automatically joined by the allegations of the complaint need not be answered. G. Cognate Rules 3. R. 1970. Apacible 79 Phil. 40 Torres v. 294 SCRA 382. Rule 17. 134 If it is not raised in the answer. a compulsory counterclaim which raises issues not covered by the complaint should be answered. 102 Phil.3 A party cannot. G. 43 Anaya v.140 It does not also carry with it a dismissal of the counterclaim that has been pleaded by the defendant prior to service to him of the notice of dismissal. Bello. 2. January 12. 41 Rules of Court. Rules of Court. August 17. Sec. 36 SCRA 97. 49 SCRA 67. 2. Rule 9. No.

46 Circular No. 145 Pretrial also lays down the foundation and structural framework of another concept. and negotiate an amicable settlement or otherwise make a formal statement and embody in a single document the issues of fact and law involved in the action. R. One of the objectives of pre-trial procedure is to take the trial of cases out of the realm of surprise and maneuvering. (d) the possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof. 1-89. June 20. the nature and purpose of each of them.144 5. 44 45 . 82309. their documentary evidence. PRE-TRIAL 1. Teodoro. and the number of trial dates that each will need to put on his case. May 29. to compel the parties and their lawyers to appear before it. Purpose of Pre-Trial The purpose of the pre-trial is for the court to consider: (a) the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution. 1968. 174 SCRA 182. and such other matters as may aid in the prompt disposition of the action.147 2. September 4. G. (c) the necessity or desirability of amendments to the pleadings. 1988. 26 SCRA 332. 1970. 1989. that is the continuous trial system. de la Merced. such as the number of witnesses the parties intend to present. 47 Martinez v. v. 33 SCRA 301. R. No.146 Pre-trial is mandatory but not jurisdictional. Permanent Concrete Products. (f) the advisability of a preliminary reference of issues to a commissioner. (e) the limitation of the number of witnesses. 4. November 29. Inc. No. G. Administrative Circular No. Concept of Pre-Trial Pre-trial is a procedural device by which the Court is called upon after the filing of the last pleading. (b) the simplification of the issues. Concept of Pre-Trial 1. the tenor or character of their testimonies.former be only "in respect" of the claim of the third-party plaintiff’s opponent. Bautista. 1 1 1 1 Pascual v. L-21644. 29776.

pre-trial briefs containing the following: a. and abstract of their testimonies. h.(g) the propriety of rendering judgment on the pleadings. f. 2. at least three (3) days before the conference. c. or summary judgment. . g. The parties shall submit. Applicable laws and jurisprudence. which must be within a period of three months from the first day of trial. or to submit the case to any of the alternative modes of dispute resolution. and the approximate number of hours that will be required by the parties for the presentation of their respective evidence. The available trial dates of counsel for complete presentation of evidence. b. and (i) such other matters as may aid in the prompt disposition of the action. Within five (5) days after the last pleading joining the issues has been filed and served. The number and names of the witnesses to be presented. d. or of dismissing the action should a valid ground therefore be found to exist. A manifestation of their having availed or their intention to avail themselves of any discovery procedure. 2. 1999) on Pre-Trial A. the plaintiff must move ex parte that the case be set for pre-trial conference. A summary of admitted facts and proposed stipulation of facts. Rule 18. (h) the advisability or necessity of suspending the proceedings. 1 48 Rules of Court. or of the need of referral of any issues to commissioners.148 3. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof. Copies of all documents intended to be presented with a statement of the purposes of their offer. Administrative Circular No. The issues to be tried or resolved. e. Pre-Trial 1. 3-99 (January 15. Sec.

The Pre-Trial Order 1 49 Administrative Circular No. Before the pre-trial conference. If only legal issues are presented. if no amicable settlement is reached. Failure to file pre-trial briefs shall have the same effect as failure to appear at the pre-trial. at the very least. The judge should avoid the undesirable practice of terminating the pre-trial as soon as the parties have indicated that they cannot settle the controversy. Failure of the plaintiff to appear at the pre-trial shall be a cause for dismissal of the action. At the pre-trial conference. which shall embody the matters mentioned in Section 7. The judge shall define the factual issues arising from the pleadings and endeavor to cull the material issues. The judge with all tact. . He must be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case. 1997 Rules of Civil Procedure. the judge must study the pleadings of every case. The judge should encourage the effective use of pre-trial discovery procedures. e. then he must effectively direct the parties toward the achievement of the other objectives or goals of pre-trial set forth in Section 2. 7. If trial is necessary. or. 5. 6. After the pre-trial conference. Rule 18 of the 1997 Rules of Civil Procedure. c. or determine the propriety of rendering a judgment on the pleadings or a summary judgment. d.149 4. the judge may either forthwith dismiss the action. and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case. If warranted by the disclosures at the pre-trial. Rule 18. A similar failure of the defendant shall be a cause to allow the plaintiff to present his evidence ex-parte and the court to render judgment on the basis thereof. the following shall be done: a. 4. 1 dated 28 January 1988.3. the judge shall require the parties to submit their respective memoranda and thereafter render judgment. the judge should not fail to prepare and issue the requisite pre-trial order. to help reduce and limit the issues. patience and impartiality shall endeavor to persuade the parties to arrive at a settlement of the dispute. b. the judge shall fix the trial dates required to complete presentation of evidence by both parties within ninety (90) days from the date of initial hearing.

1988. 1989. L-66186. 152 SCRA 585. G. Intermediate Appellate Court. 48008. resolutions. May 9. No. 1999 To insure speedy disposition of cases.1 To prevent manifest injustice. G. Court of First Instance of Bukidnon. Metropolitan Trial Courts. 1996. 169 SCRA 259 citing Lucenta v. Municipal Trial Courts in Cities. G. Except those requiring immediate action. July 31. while the hours in the afternoon shall be utilized for (1) the conduct of pre-trial conferences.1. Son. R. note 151. Administrative Circular No. January 20. 54 Son v. Municipal Trial Courts and Municipal Circuit Trial Courts shall be from 8:30 A.150 Pre-trial is primarily intended to make certain that all issues necessary to the disposition of a case are properly raised. R. all motions should be scheduled for hearing on Friday afternoons. (2) writing of decisions. TRIAL (Rule 30) A. they are bound by the stipulations at the pre-trial. statutes. G.154 6. R. 1989. whenever rendered necessary. as may be required by the Rules of Court. 162 SCRA 197.153 4. or circulars in specified cases.Where the case proceeded to trial with the petitioners actively participating therein without raising their objections to the pre-trial. Son.152 4. Apostol. M. R. L-39789. to noon and from 2:00 P. 251 SCRA 556. or if 1 1 1 1 1 Macaraeg v. 73077. 44588. to 4:30 P.3 Issues not included in the pre-trial order but were tried expressly or impliedly by the parties. or (3) the continuation of trial on the merits. 3-99. and the determination of issues at a pre-trial conference bars the consideration of other questions on appeal. the following guidelines must be faithfully observed: I. Son. However. The session hours of all Regional Trial Courts.1. the schedule may be modified upon request of the Integrated Bar of the Philippines such that one-half of the branches may hold their trial in the morning and the other half in the afternoon. 15.151 4. or orders. supra. No. 51 Son v.1. in multi-sala courts in places where there are few practicing lawyers. 53 Velasco v. 173 SCRA 228 cited in Son v. The hours in the morning shall be devoted to the conduct of trial. Court of Appeals. M. 50 . Jan. supra. from Monday to Friday. note 151.1 Exceptions 4.2 Issues that are impliedly included or necessarily connected to the expressly defined issues and denser parts of the pre-trial order. M. December 29. No. No. No. 52 Sese v. June 20. 1987.

and the guidelines provided for in Circular No. 3. 3 and 4 of Rule 30. Unless the docket of the court requires otherwise. The issuance and service of subpoena shall be done in accordance with Administrative Circular No. For expediency. are enjoined to cooperate with judges to ensure swift disposition of cases. III. Sections 2. Judges must be punctual at all times.Friday is a non-working day. 1997 Rules on Civil Procedure on adjournments and postponements and on the requisites of a motion to postpone trial for absence of evidence or for illness of a party or counsel should be faithfully observed. 4. Contingency measures must likewise be taken for any unexpected absence of the stenographer and other support staff assisting in the trial. 4 dated 22 September 1988. in the afternoon of the next business day. must comply with Rule 20 of the 1997 Rules of Civil Procedure regarding the calendar of cases. under the direct supervision of the Judge. 5. The Clerk of Court. The mandatory continuous trial system in civil cases contemplated in Administrative Circular No. IV. dated 19 January 1989. must be effectively implemented. The judge shall conduct trial with utmost dispatch. 1-89. with judicious exercise of the court’s power to control trial proceedings to avoid delay. 6. There should be strict adherence to the policy on avoiding postponements and needless delay. 2. V. The unauthorized practice of some judges of entertaining motions or setting them for hearing on any other day or time must be immediately stopped. Lawyers as officers of the court. II. The judge must take notes of the material and relevant testimonies of witnesses to facilitate his decision- . not more than four (4) cases shall be scheduled for trial daily. The Presiding Judge shall make arrangements with the prosecutor and the Public Attorney’s Office (PAO) so that a relief prosecutor and a PAO attorney are always available in case the regular prosecutor or PAO attorneys are absent. 4 dated 22 September 1988. taking into account the relevant provisions of the 1997 Rules of Civil Procedure: B. Trial 1. these guidelines in civil cases are hereunder restated with modifications.

the party is deemed to have completed the presentation of evidence. and Municipal Circuit Trial Court. The order of trial stated above is followed in ordinarily contested cases. Appropriating Funds Therefore. All trial judges must strictly comply with Circular No. However. if the defendant in his answer admits the obligation alleged in the complaint but raises special defenses. and placed in the judge’s chamber. and the Office of the Court Administrator shall ensure faithful compliance therewith. moreover. noting therein the exact day. upon verified motion based on compelling reasons. entitled 'Implementing the Provisions of Republic Act No. Appropriate disciplinary sanctions may be imposed on the judge and the lawyers for failure to comply with the requirement due to causes attributable to them. . This Circular shall take effect on February 1. provided that said extension will not go beyond the three-month limit computed from the first trial date except when authorized in writing by the Court Administrator. No. 2. In criminal cases. However. After the lapse of said dates. II. As a constant reminder of what cases must be decided or resolved. Metropolitan Trial Court.1999. Narvasa on 15 September 1998. Municipal Trial Court. I. as well as the trial notes of the judge. 8493' ('An Act to Ensure a Speedy Trial of All Cases Before the Sandiganbayan. the judge must keep a calendar of cases submitted for decision. Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. As soon as a case is submitted for decision. the judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision. Supreme Court. and for Other Purposes') issued by the Honorable Chief Justice Andres R. 15 January 1999.155 1 55 Yu v. Article VIII of the Constitution. 2.making. All Judges must scrupulously observe the period prescribed in Section 15. The trial shall be terminated within ninety (90) days from initial hearing. City of Manila. the judge may allow a party additional trial dates in the afternoon. which should be set within 90 days from the submission of the case for decision. then the plaintiff is relieved of the duty to present evidence in chief and so the defendant should start the proceeding by presenting his evidence to support his special defenses. it must be noted in the calendar of the judge. Mapayo. 38-98. March 29. 7. 1. month and year when the 90-day period is to expire. Municipal Trial Court in Cities. 1972. 44 SCRA 163. 8. the records shall be duly collated with the exhibits and transcripts of stenographic notes. L-29742. Some Rules 1. 3. Regional Trial Court.

Section 5(g). whichever is earlier. As a general rule.1989: xxx (3) A case is considered submitted for decision upon the admission of the evidence of the parties at the termination of the trial. (2) omitted through mistake or inadvertence. . Lack of transcript of stenographic notes shall not be a valid reason to interrupt or suspend the period for deciding the case unless the case was previously heard by another judge not the deciding judge in which case the latter shall have the full period of ninety (90) days from the completion of the transcripts within which to decide the same. 81 Phil. (5) The foregoing rules shall not apply to Special Criminal Courts under Circular 20 dated August 7. to wit: 1 56 Lopez v. the case shall be considered submitted for decision upon the filing of the last memorandum or the expiration of the period to do so. 429 [1948]. The ninety (90) day period for deciding the case shall commence to run from submission of the case for decision without memoranda. the case shall be deemed submitted for decision. additional evidence may be submitted: (1) if it is merely discovered. 1987. 28 dated July 3. When Case Deemed Submitted for Decision in Trial Court Under Administrative Circular No. no additional evidence may be presented at the rebuttal stage. in case the Court requires or allows its filing. it is provided in Sec. Liboro. (4) The court may grant extension of time to file memoranda. 2(b) that a fee shall be paid for motions for postponements. but the ninety (90) days period for deciding the case shall not be interrupted thereby. 00-2-01-SC amending the Rule 141 of the Rules of Court on Legal Fees. xxx Under Rule 30. upon admission of the evidence. and to cases covered by the Rule on Summary Procedure in which memoranda are prohibited. or (3) when the purpose is to correct evidence previously offered. Subject to the discretion of the court.156 Under Administrative Matter No. unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings.2.

depositions or admissions for a summary judgment in his favor upon all or any part thereof. Sec. the material facts alleged in the complaint shall always be proved.158 1. that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason. Under the Rules of Civil Procedure.157 2. stating clearly and distinctly the facts and the law on which it is based. one hundred (Php100) pesos for the first.1 Judgment on the Pleading Where an answer fails to tender an issue. the court may. 1. Rule 34.. depositions or admissions for a summary judgment in his favor as to all or any part thereof. Sec.2 Summary Judgment A party seeking to recover upon a claim.160 2.159 A party against whom a claim. or otherwise admits the material allegations of the adverse party’s pleading. or cross-claim is asserted or a declaratory relief is sought may. and an additional fifty (Php50) pesos for every postponement thereafter based on that for the immediately preceding motion: Provided. ADJUDICATION (Rule 36) 1. Sec. 1. or cross-claim or to obtain a declaratory relief may. judgment is used in its generic term and therefore synonymous to decision. move with supporting affidavits. However. A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge. move with supporting affidavits. 1. however. Rules of Court. 59 Rules of Court. at any time after the pleading in answer thereto has been served. Sec. counterclaim. 57 58 . 60 Ibid. Rule 35. and filed with the clerk of court. Rule 36. Concept and Requirements Adjudication is the rendition of a judgment or final order which disposes of the case on the merits. direct judgment on such pleading. 7.For motions for postponement after completion of the pre-trial stage. counterclaim. Without Reception of Evidence 1. signed by him. in actions for declaration of nullity or annulment of marriage or for legal separation. Kinds of Judgment and Definitions 1. 2. on motion of that party. at any time. With Partial Reception of Evidence 1 1 1 1 Rules of Court.

The test for the propriety of a motion for summary judgment is whether the pleadings. June 28. Commission on Elections. Rules Service. 65 Jugador v. unless the court in its discretion requires the claimant to submit evidence. December 29. 94 Phil. v. 95 Phil. June 29. are not sufficient to raise a genuine issue of fact sufficient to destroy a motion for summary judgment even though such issue was formally raised by the pleadings. When the motion for a demurrer to evidence is granted. 924 [1954]. If his motion is denied. 126 SCRA 472.163 3. 765. Inc. the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant. as a matter of law. he shall be deemed to have waived the right to present evidence. 539. he shall have the right to present evidence. 4 Fed. Ltd.. Such reception of evidence may be delegated to the clerk of court.161 2. March 3. and proof of such failure. Rule 33. Rules Service.. 3.. Mere denials. Consolacion. 68 Fletcher v. 704 [1954]. Miranda v. 66 Warner. No. Luzon Surety Co. affidavits and exhibits in support of the motion are sufficient to overcome the opposing papers and to justify the findings that.1 Judgment by Default If the defending party fails to answer within the time allowed therefore. 1976.168 1 1 1 1 1 1 1 1 Rules of Court. Summary judgment may include a determination of the right to damages but not the amount of damages.164 2. 1941. 1940. 670 [1956]. the judgment of the court is considered on the merits and so it has to comply with Rule 36. summary judgment may be granted as a matter of law. regarding the requirement that judgment should clearly and distinctly state the facts and the law on which it is based. 71 SCRA 523. Evening Newspaper Co. 1.2. If the motion is denied.162 Notes: A demurrer to evidence is differentiated from a motion to dismiss in that the former can be availed of only after the presentation of plaintiff’s evidence while the latter is instituted as a general rule before a responsive pleading is filed. Rules of Court..167 Where all the facts are within the judicial knowledge of the court. Malate Garage & Taxicab. 99 Phil. Sec.. the order is merely interlocutory. 61 62 . Thereupon. No. Inc. If the motion is granted but on appeal the order of dismissal is reversed. 67 Fletcher v. Krise. Section 1. Cases on Summary Judgment 1. 1983. Sec. the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. 165 The court cannot also impose attorney’s fees in a summary judgment in the absence of proof as to the amount thereof. L-40948. 63 Nepomuceno v. R. 3 Fed.166 3. the court shall. de Vera. Barnes & Co. 60601. 64 Estrada v. there is no defense to the action or the claim is clearly meritorious.2 Judgment on Demurrer to Evidence: After the plaintiff has completed the presentation of his evidence. G. declare the defending party in default. unaccompanied by any fact which would be admissible in evidence at a hearing. upon motion of the claiming party with notice to the defending party. Rule 9.

Court of Appeals. No. A partial summary judgment may be rendered. No. R. November 27. 309 SCRA 539. merely reproduce everything testified to by the witnesses no matter how unimportant and immaterial it may be. they only complicate and lengthen their decisions. June 29. G.175 Trial courts should not. 73 Guevarra v. Art. the trial court has the discretion to grant a motion for judgment on the pleadings filed by a party. Ordinary Judgment 1. 1999. It is enough that the court states the facts and law on which its decision is based. including even those without bearing in the case. unlike the former where the judgment merely relies on the merits of the movant’s allegations. R. 70008. beclouding and possibly misreading the real issues in their tiresome narration of the facts. 72 Rules of Court. Molina. 124049. Regional Trial Court of Iloilo. obscurity. Sec. R. 9. August 30. The court is not required to state in its decision all the facts found in the records. No. Discretion of Court To Render Judgment on the Pleadings Under the Rules. 1983. if there is no controverted matter in the case after the answer is filed. 299 SCRA 459. however. Br. 69 70 . 184 SCRA 597.173 4. 71 Spouses Hontiveros v. Derpo. 1998. 131466. L-41040 and 43908-10. Where there are actual issues raised in the answer. Alumbres. or insufficiency of the law. Rule 35. Distinction between summary proceedings under Rule 34 (Judgment on the pleadings) and the summary proceedings under Rule 35 (Summary Judgment) A different rationale operates in the latter for it arises out of facts already established or admitted during the pretrial held beforehand. 4. L-49017 and L-49024. 75 People v. 1990. April 26. Judges should make an effort to sift the record and relieve it of all inconsequential matters. to give them a clearer view of how the real question is to be resolved and a better idea of how this resolution should be done. 309 SCRA 340. it is improper for a judge to render judgment based on the pleadings alone. Court of Appeals.4. Velasquez v.174 2. No. such as one involving damages. Courts are without discretion to deny a motion for summary judgment where there is no genuine issue as to a material fact. G. 124 SCRA 297. 168 SCRA 447. 76 People v.171 7. Nos. which require the presentation of evidence and assessment thereof by the trial court.176 1 1 1 1 1 1 1 1 Diman v. 25.169 5. G. June 30. No judge should decline to render judgment by reason of the silence. 74 Civil Code. Summary judgment is available even if the pleadings ostensibly show genuine issue which by depositions or affidavits are shown not to be genuine. Nos. 1999. December 14.172 but the same is interlocutory and not appealable. By such indolent process.170 6. 1988. R. even if this might lighten their work. 125465. G.

Escalante. A. or to uphold the rights of the litigant who has the law on his side. 80 Lao v. 1978. Court of Appeals. 1984. A. it is impossible to administer justice. 1696-MJ. April 28.177 2. and the nature and conditions of the proofs furnished by the parties. L-32552.181 5. Kinds of Remedies 1 1 1 1 1 1 1 People v. its basis being improperly left to speculation and conjecture. 121 SCRA 777. L-50877. a judgment must be duly signed and promulgated during the incumbency of the judge who signed it.178 3. The case should be decided in its totality. 144 SCRA 276. 83 Salvador v. M. the judge should decide the case even if the parties failed to submit memoranda within the given periods. No. 131 SCRA 237. it is not unusual for a judge who did not try a case to decide on the basis of the records for the trial judge might have died. resigned. the award is a conclusion without a premise.180 However. or transferred. To-Chip. R-177-MTJ. Salamanca.1 Need to Particularize Facts Without the concrete relation or statement in the judgment of the facts alleged and proved at the trial. REMEDIES AGAINST JUDGMENT AND FINAL ORDERS 1. L-69564. February 26. Only then can he intelligently set forth the legal grounds and considerations proper in his opinion for the due determination of the case. He must also set out in his decision the facts alleged by the contending parties which he finds to have been proven. No. 81 People v. and equitable justification. the conclusions deduced therefrom and the opinion he has formed on the issues raised.2 Reason for Award of Attorney's Fees Must be Stated in the Body of the Decision The exercise of judicial discretion in the award of attorney's fee under Article 2208 (ii) of the New Civil Code demands a factual. 1986. January 29. 1983. Escober. 1988. Mirasol v. 1988. August 22. 157 SCRA 541.182 In the same manner. 1979. 82 Lawan v. resolving all interlocutory issues in order to render justice to all concerned and to end litigation once and for all. No. M. 90 SCRA 579.2. The 90-day period to decide a case shall be reckoned with from the date said case is submitted for decision despite the non-availability of the stenographic notes. 84 SCRA 337. September 24. 158 SCRA 243. It is not sufficient that the court or trial judge take into account the facts brought out in an action the circumstances of each question raised. to apply the law to the points argued. 77 78 . retired. Without such justification.179 4. it is not possible to pass upon and determine the issue raised in litigation. July 31.183 8. legal. No. L-76597. L-37147. inasmuch as when the facts held to be proved are not set forth in a judicial controversy. June 19. Moleta. To be binding. No. dela Cruz. 79 National Housing Authority v. No.

L-32450-51. 85 Habaluyas Enterprises.185 1. After Finality of Judgments or Final Orders: (a) Relief for Judgments or Final Orders. Sarmiento. and (c) Appeal. the movant has only the balance of the reglementary period within which to take his appeal. 1986. Japson. Reyes. (b) Petition for Certiorari. (b) Motion for New Trial. 92 SCRA 713. L-70895. Motion for Reconsideration and New Trial 1.1. and (c) Annulment of Judgment. No. 86 Rules of Court.1 Time to File A motion for reconsideration or new trial may be filed within the period for taking appeal. Common Rules 1. 84 . 1971.3 A motion for reconsideration or new trial suspends the running of the period to appeal but if denied. Rule 41. Before Finality of Judgments or Final Orders: (a) Motion for Reconsideration.4 Resolution of motion 1 1 1 Cledera v. Sec. 3. Nos. Firme v.184 1. August 21. A pro forma motion for reconsideration or new trial is one which does not comply with the requirements of Rule 37 and does not toll the reglementary period to appeal. 2. 1979. Inc. 142 SCRA 208. Note that a pro forma motion for new trial or reconsideration shall not toll the reglementary period. No. v. June 10. 2. 39 SCRA 552.2 No motion for extension of time to file motion for reconsideration or new trial is allowed. May 30.186 1. L-35858.

accident. 2. Sec.190 3. 89 Ibid. with reasonable diligence. 90 Rules of Court. the remedy being an appeal from the judgment or final order. Sec. that is. or 3. An order denying a motion for new trial or reconsideration is not appealable. Rule 37. have discovered and produced at the trial. Motion for New Trial 3. 5.189 2.188 2.1. and (3) decision or final order is contrary to law.187 2. 87 88 .A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution. Sec. 2. 1. Rules of Court. Rule 37. making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions. 4.191 3. Motion for Reconsideration Grounds: (1) damages awarded are excessive.1 A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law. it is the kind of fraud which prevented 1 1 1 1 1 Ibid. Sec. as a ground for new trial. (2) evidence is insufficient to justify the decision or final order. must be extrinsic or collateral. which he could not. 91 Ibid. Sec. mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights.1 Fraud.1.2 Fraud.2 Newly discovered evidence.2 No party shall be allowed a second motion for reconsideration.1 Grounds Any of the following causes materially affecting the substantial rights of an aggrieved party: 3. and which if presented would probably alter the result.

92 93 . 43 Phil.the aggrieved party from having a trial or presenting his case to the court. 98 People v. Arce. 1987. 183 [1907].194 3. Asuncion. or was used to procure the judgment without fair submission of the controversy. 199 Mere initial hostility of a witness at the trial does not constitute his testimony into newly discovered evidence. De Carretero. Inc. An affidavit of merits is one which states: (1) the nature or character of the fraud. 96 Salazar v. mistake or excusable negligence on which the motion for new trial is based.3 Mistake generally refers to mistakes of fact but may also include mistakes of law where. No. L-56171. 1983. cf. Palanca v. 144 SCRA 144. American Food Manufacturing Co. 8 Phil. L-22822. 95 City of Iloilo v. Arro. Castro. have been considered sufficient to warrant a new trial.. No. would probably alter the result of the action. August 30. 99 National Shpiyards and Steel Corporation v. and (3) if presented. December 10.6 A motion for new trial shall be supported by affidavits of merits which may be rebutted by affidavits. or purposely keeps him in ignorance of the suit. Vda. L-28486. June 11. Instances of collateral fraud are acts intended to keep the unsuccessful party away from the court by a false promise of compromise. Intermediate Appellate Court. 107 SCRA 285. January 31. the defendant was misled in the case. negligence of the counsel may also be a ground for new trial if it was so great such that the party was prejudiced and prevented from fairly presenting his case.198 3. 97 Gaba v.192 It is to be distinguished from intrinsic fraud which refers to the acts of a party at the trial which prevented a fair and just determination of the case 193 and which could have been litigated and determined at the trial or adjudication of the cases. 150 SCRA 625. 67 [1958]. Thus. L-79244. false testimony and so forth. such as falsification. 167 [1922]. Manzanilla. No. Sevilla. Salazar. 1987. Ayllon v. L-48241. 120 SCRA 505. newly discovered evidence: (1) must have been discovered after trial.200 3. 94 Tarca v. (2) could not have been discovered and produced at the trial despite reasonable diligence. 24 SCRA 819. Conde v.5 To warrant a new trial. 1981. No. L-70443. 99 Phil. 419 [1956]. 1968. 97 Phil 968 [Unreported] [1955]. No. Republic v. September 10. a mistake as to the scope and extent of the coverage of an ordinance. 3. and does not constitute a ground for new trial. or corruptly sells out his client’s interest. September 15. 630 [1959]. 1 1 1 1 1 1 1 1 2 Magno v.195 or a mistake as to the effect of a compromise agreement upon the need for answering a complaint. Pinzon. accident. 103 Phil. in good faith.197 However. 156 SCRA 257.4 Negligence must be excusable and generally imputable to the party but the negligence of counsel is binding on the client just as the latter is bound by the mistakes of his lawyer.196 although actually constituting mistakes of law. 00 Arce v. 1986. 106 Phil. No. Court of Appeals. or where the attorney fraudulently pretends to represent a party and connives at his defeat..

10 Rules of Court. 1988.212 1. mistake or excusable negligence. Yap Sepeng. 20738. Bautista. 121 SCRA 760. General Principles 1.1 An appeal is a statutory right and part of due process. March 14. Perfection of an appeal in the manner and within the period laid down by law is not only mandatory but also jurisdictional. An affidavit of merits should state facts and not mere opinions or conclusions of law. No. 1969. 11 Rules of Court. 205 or where the defendant was unreasonably deprived of his day in court206 as when no notice of hearing was furnished him in advance. 05 Gonzalez v. 99 Phil. 08 Mendoza v.208 3.209 3. Rules 41 and 42. note 201. 419 [1956]. Rule 37.7 Effect of Granting of Motion For New Trial If a new trial is granted in accordance with the provisions of this Rule. 158 SCRA 560. 205 SCRA 537. 1992. Court of Appeals. Appeal Note: This subject shall be limited to appeal from first level courts to the Regional Trial Court 210 and appeals from the Regional Trial Court. No. 221 [1958]. 12 Villanueva v. 104 Phil. L57204. note 62. L-27730. 03 Ganaban v. Court of Appeals. Tan.201 and (3) the evidence which he intends to present if his motion is granted. 04 Republic v. De Leon. November 27. Francisco. 773 [1957]. 202 An affidavit of merits is required only if the grounds relied upon are fraud. Ferrer v. September 30. No. 203 Affidavits of merits may be dispensed with when the judgment is null and void as where the court has no jurisdiction over the defendant or the subject matter. January 2. 60 SCRA 149. shall be used at the new trial without retaking the same. the original judgment or final order shall be vacated. R. 07 Soloria v. 99357. January 27. 204 or is procedurally defective as where judgment by default was rendered before the reglementary period to answer had expired. accident. L-39373. supra. in so far as the same is material and competent to establish the issues. 06 Valerio v. 1983. 6. G. No. January 31. A surety on a bond to insure execution of judgment becomes a party when notice was served upon it for execution of the judgment and may appeal from the order of 2 2 2 2 2 2 2 2 2 2 2 2 Ferrer v. Rule 40. Cruz. L-45885. Sec. 30 SCRA 365. G. No. 55 SCRA 202. No.211 Trial courts are not concerned with the other kinds and modes of appeals. Gattoc v. 1. Malipol v. 101 Phil.(2) the facts constituting the movant’s good and substantial defenses or valid causes of action. R. No. Borre v. Tan. L-28804. 207 Affidavits of merits are not required in motions for reconsideration. Bayle. April 28. and the action shall stand for trial de novo. 09 Rules of Court. Yap Sepeng. 01 02 . supra. 1966.2 Only parties can appeal from a decision. 1974. 1974. Sarrenas. but the recorded evidence taken upon the former trial. 16 SCRA 114.

215 1. May 8.execution. No. 43252. (7) A judgment or final order for or against one or more of several parties or in separate claims. Jeremias. 1976. (6) An order of execution. September 30. (5) An order denying a motion to set aside a judgment by consent. Sec.214 However. No. 1. In all of the above instances where the judgment or final order is not appealable. G. or any other ground vitiating consent. the aggrieved party may file an appropriate special civil action under Rule 65.216 1. confession or compromise on the ground of fraud. 1992. issues which are inferred from or necessarily connected with the issue properly raised and pleaded may be resolved by the appellate court. while the main case is pending. Court of Appeals. R. cross-claims and third-party complaints.5 Difference between final order and an interlocutory order A final order is one that completely disposes of a case or of a particular matter. (3) An interlocutory order. 208 SCRA 887. 16 Rules of Court.4 Those which cannot be appealed: (1) An order denying a motion for new trial or reconsideration. 98334. (2) An order denying a petition for relief or any similar motion seeking relief from judgment. R. R.3 A party cannot change the theory on appeal. 13 14 . G. November 6. Court of Appeals. 1992. 73 SCRA 239. unless the court allows an appeal therefrom. counterclaims. 102128. Rule 41. An interlocutory order is one that does not finally dispose of a case and does not end the court’s task of adjudicating the parties’ contentions and determining the rights and liabilities as regards each other but obviously indicates that other things remain to be 2 2 2 2 People’s Homesite and Housing Corporation v. No. Medina v. Only issues pleaded in the lower court and properly raised may be resolved by the appellate court. mistake or duress. 215 SCRA 484. (4) An order disallowing or dismissing an appeal. 15 Espina v. and (8) An order dismissing an action without prejudice. G.213 1.

and contrariwise.. July 5. Nos. execution is stayed unless the rule or law provides otherwise. January 27. October 26.done by the court. Rules 40 and 41. unless appellant stays immediate execution by filing a notice of appeal. Rules of Court. 26 Rules of Court. R. 17 18 21 22 23 Miranda v. R. Inc. Rule 45. Inc. necessarily mean that an order is not final simply because there is something more to be done in the merits of the case. 20 Municipality of Biñan v. 24 Rules of Court. 220 partition221 and in special proceedings where there are several stages.226 2 2 2 2 2 2 2 2 2 2 Investments. 1989. Court of Appeals. Cognate Rules 1. No. Rules of Court. R. 1989. No. Court of Appeals. such as expropriation. 19 De la Cruz v. either on the entire controversy or some definite and separate branch thereof. and which concludes them until it is reversed or set aside. 25 Rules of Court. Among these are: (1) Decision in Forcible Entry and Unlawful Detainer. No. or some rights of the parties. March 31. 71771-73. R. leaving thereafter no substantial proceeding to be had in connection therewith except its execution. 1996. supersedeas bond and depositing in court a monthly rental or compensation for the occupation as fixed by the court which rendered the decision. (INPORT) v. G. 1989. 1987. Rule 109.224 and (3) appeal by certiorari (petition for review on certiorari). 41053. R. G.222 4. Intermediate Appellate Court.219 This is best exemplified in actions where there are two stages. 19. 180 SCRA 576. 147 SCRA 334.217 It does not. 1976. L-60036. No. order or decree is one that finally disposes of. De La Cruz v.223 (2) petition for review. G. G. Ibid. The Modes of Appeal The three (3) modes of appeal are: (1) ordinary appeal. Sec. Garcia. Paras. the issue whether an order is a final order is its effect on the rights of the parties. 178 SCRA 702. December 22. 80030.218 Thus. February 27. v. No. 171 SCRA 579. As a general rule. 69260..225 5. Tacloban City Ice Plant. however. 1. adjudicates or determine the rights. . that a given court order is merely of an interlocutory character if it is provisional and leaves substantial proceedings to be had in connection with its subject in the court by whom it was issued. It is settled that a court order is final in character if it puts an end to the particular matter resolved. Rule 70. Rules 42 and 43. Sec. Paras. 258 SCRA 145. 106413. 69 SCRA 556 cited in Republic v. A final judgment. Inc. in ordinary appeals. Gold City Integrated Port Services. G.

Partnership v. When the question is what law is applicable in a given set of facts.231 4.228 (4) Decision of Quasi-Judicial Agencies under the Rules of Court.(2) Decision of the Metropolitan. Sec. The court which rendered the decision cannot however deny due course to the Notice of Appeal on the ground that the appeal is frivolous or dilatory. the question is a question of law. 21. Difference Between Question of Fact and Question of Law When the question is the correctness or falsity of an alleged fact. Rule 43. The court however may deny it due course if on its face. No.109645. the question is a question of fact. 4. 1991. 74833.227 (3) Decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction on cases tried and decided by the court of origin under Summary Procedure. G. R. Rule 41. it was filed out of time or the appellate docket and other lawful fees have not been paid. Rule 39. Rule 39. 32 Rules of Court. Sec. 2. 1997. Ltd. A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof 2 2 2 2 2 2 Rules of Court.R. Sec. Perfection of appeal A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. Sec.229 2. Notice of Appeal It need not be approved by the Court which rendered the decision. Velasco. January 21. Record on Appeal A Record on Appeal is required in: (a) Special Proceedings. G. 27 28 . 193 SCRA 93.232 5. (5) Decision in Cases of Injunction. Section 12. Support and Accounting. unless otherwise provided for by the Court of Appeals. 31 Ortigas & Co. 29 Rules of Court. Receivership. Municipal or Municipal Circuit Trial Court or the Regional Trial Court where execution pending appeal has been granted by the court of origin or in a proper case by the appellate court upon good reasons to be stated in the order. August 15. 277 SCRA 342. Intermediate Appellate Court. 30 Cheesman v. (b) Other cases of multiple or separate appeals where the law or the Rules so require. Revised Rules on Summary Procedure. No.230 3. 2.

February 29.233 6. L-77656. 153 SCRA 592. R. 36 De Castro. Ortiz. In appeals by record on appeal. the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of the other parties. 35 Government Service Insurance System v. Rule 39.237 The decision of the Court of Appeals after expiration of the period to appeal is null and void. In appeals by notice of appeal. (3) permit the prosecution of indigent appeals. G.238 9. it may still do the following: (1) issue an order for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. G. Court of Appeals. R. No. The period is mandatory and jurisdictional235 and the failure to do so renders the questioned decision final and executory that deprives the appellate court of jurisdiction to alter the final judgment much less to entertain the appeal236 or motion for new trial. 158 SCRA 288. August 31. March 9. 1993. Sec. V. 33 34 . (4) order execution pending appeal in accordance with Section 2. Basic Concepts and Doctrines 2 2 2 2 2 2 Rules of Court. No. 85273. 1987. 219 SCRA 724.234 7. 51973. No. EXECUTION OF JUDGMENTS AND FINAL ORDERS (Rule 39) 1. 37 Velaso v. Ibid. Rule 41. April 16. 9. Period of time to appeal must be strictly enforced on considerations of public policy. However. Gines. L-36021.upon the approval of the record on appeal filed in due time. 184 SCRA 303. (2) approve compromise of the parties prior to the transmittal of the record on appeal to the appellate court. Court of Appeals. and (5) approve withdrawal of appeal. 1988. 38 Antonio v. No. Jr. Effect of Perfection of Appeal The court which rendered the appealed decision loses its jurisdiction over the case. 1990.

No.240 To be valid. L-60800. R.247 or (6) Where the judgment turns out to be incomplete248 or is conditional149 since. Discretionary execution. which is also called execution pending appeal.246 (5) Where the judgment has become dormant. The court which rendered the decision can grant an execution pending appeal if it still retains jurisdiction over the case and is in possession of the records at the time of the filing of the motion. Rule 38. 516 [1962]. September 28. 1985. Court of Appeals. 49 Phil. 48 Del Rosario v. is the execution of a judgment or final order before it attains finality. Yap Fauco. 39 40 . Zapanta v. the court cannot refuse to issue a writ of execution except: (1) When subsequent facts and circumstances transpire which render such execution unjust. February 21. as when there has been a change in the situation of the parties which makes execution inequitable. 1968. 41 Ibid. de Albar v. 113 Phil. Hilario.245 (4) When a petition for relief or an action to enjoin the judgment is filed and a preliminary injunction is prayed for and granted. L-25511. Cruz. 380 [1940]. September 24. Intermediate Appellate Court. execution as a matter of right or ministerial execution is execution of a final judgment or final order which has attained finality. 116 Phil. Sec. or impossible. 88 Phil. No. R. 1987. 137 SCRA 7. Section 6 having expired without the judgment having been revived.242 or where the defendant bank was placed under receivership. the same to be stated in the order granting it. 45 Fua Cam Lu v. 46 Refer to Rules of Court. Salvante v. Rule 39. June 18. Luna v. 154 [1912]. Villegas. 43 Lipana v. 287 [1943]. G. 73884. No. Heirs of Guminpin v. 70 Phil. L-34220. 21 Phil. Sec. 236 [1951]. 120 SCRA 687. as a matter of law. 25 SCRA 263. 154 SCRA 257. 42 The City of Butuan v. 47 Cunanan v. 1982. the five (5) year period under Rule 39. Mabalacat Sugar Co. 5. such judgment 2 2 2 2 2 2 2 2 2 2 1 Pelejo v. Ignacio v. August 31. 44 Vda. 116 SCRA 406. such as a supervening cause like the act of the Commissioner of Civil Service finding the plaintiff administratively guilty and which constituted a bar to his reinstatement as ordered by the trial court in a civil case. Development Bank of Rizal.241 On the other hand.1. otherwise. 1983. 68374. 605 [1946]. Court of Appeals. No. Ortiz. When a judgment or order has become final. there should be a good reason to justify the execution of the judgment pending appeal. the motion shall be acted upon by the appellate court. De Carandang.244 (3) Where the judgment has been novated by the parties.. De Rotaeche. 2. 634 [1926]. Rules of Court.239 2. Kinds of Execution There are two (2) kinds of execution: discretionary execution and ministerial execution. 74 Phil. Court of Appeals. 636 [1961].243 (2) On equitable grounds. Execution is a legal remedy for the enforcement of a judgment. No. G. 76 Phil. 49 Cu Unjieng e Hijos v.

Rule 39. Execution by motion is an execution obtained through a motion for execution filed within five (5) years from the date of its entry. Sandico. G. 1988. October 18. November 14. A judgment becomes final and executory by operation of law. Execution of judgment can only be issued against a party to the action 253 and their privies who are those between whom an action is deemed binding although they are not literally parties to the said action254 or to an intervenor. No. L-46843. 1971.251 Execution by action is obtained through the substitution of an action to enforce a judgment or order after the lapse of five (5) years from its entry and before it is barred by the statute of limitations. No. (4) where the judgment was already satisfied. No. Tiro. 54 Cabresos v. 23 SCRA 637.255 2. No. Plan. 6. Specific Rules 1. 50 . Piguing. Execution of final judgments and orders There are two (2) ways of securing execution of final judgments and orders: execution by motion and execution by action. November 29. 166 SCRA 400. Sec. and (7) when the controversy was never validly submitted to the court.252 5. June 30. Sr. (6) when a change in the situation of the parties renders execution inequitable. 133 SCRA 194. 52 Ibid. 1968. 55 Lising v. not by judicial declaration. No. Intermediate Appellate Court. 1987. The prevailing party is entitled as a matter of right to a writ of execution. L-70623. When writ of execution may be quashed (1) when it was improvidently issued. (5) when it was issued without authority. L-26115. 3. Lantin. Dominic Corporation v. 51 Rules of Court. L-50107. v. 42 SCRA 322. May 22.250 4. 22320. R. (2) when it is defective in substance.cannot become final. and the issuance thereof is a ministerial duty and compellable 2 2 2 2 2 2 Cobb-Perez v. 53 St. 1984. 151 SCRA 577. (3) when it is issued against the wrong party.

L-37051. 1976. the officer shall not destroy. 1. 263 SCRA 449. Rom v. R. 1982. 1996. 46010. Cua v. 2734.259 The special order of demolition may be granted only upon petition of the plaintiff after due hearing. Court of Appeals. 62 David v. No. Levy and Garnishment Levy is the seizure of property. Thus: (a) For recovery of real or personal property or the enforcement of a lien thereon.by mandamus. May 24. Ejercito. Rule on execution in case of the death of a party If the judgment debtor dies after entry of judgment. October 28. execution depends upon the nature of the judgment. 161 SCRA 480. 60 Fuentes v. L-41334. L-32824. there was no need for the sheriffs and the plaintiff to secure a 'break-open' order inasmuch as the character of the writ in their hands authorized them to break open the said premises if they could not otherwise execute its command. No. 100626 November 29. personal and/or real. 78 SCRA 485. La Proveedora. however. 117 SCRA 958. and not to a stranger or third party to the case.260 The notice required before demolition of the improvements on the property subject of the execution is notice to the judgment debtor.256 There must. Court of Appeals. 43 SCRA 168. v. the judgment should be presented as claim for payment against the estate in a special proceeding. L-32570. since the judgment itself is conclusive. 14. 59 Rules of Court. 38 SCRA 379. Sec. 1971. and upon the defeated party’s failure to remove the improvements. A. execution may be done against executor. Garnishment is the process of notifying a third person called the garnishee to retain and 2 2 2 2 2 2 2 2 2 Munez v. 152 SCRA 197. 1991. 28 SCRA 758. June 18. 1969. Court of Appeals. July 30. Inc. City of Manila v. 61 Lorenzana v. Rule 39. No. 204 SCRA 362. 57 Rules of Court. 71 SCRA 484. G. Inc.R. No. 63 Albeltz Investments. No. 1988. 64 Arcadio v. Court of Appeals. issued upon petition of the judgment creditor after due hearing and after the former has failed to remove the same within a reasonable time fixed by the court. When the property subject of the execution contains improvements constructed or planted by the judgment debtor or his agent. Such a claim need no longer be proved. No. L-24764. G. July 17. Leviste. (b) For money judgments. G. No.263 Where the premises was padlocked and no one was therein at the time execution was carried into effect. demolish or remove said improvements except upon special order of the court. 261 The order of demolition is not appealable. No. 1977. belonging to the judgment debtor for subsequent execution sale to satisfy judgment. administrator or successor-in-interest.257 3. Lecaros.258 4. No. Rule 39. Soco v.262 The sheriff and the issuing party should carry out the demolition of the improvement of the defeated party on the premises in dispute in a manner consistent with justice and good faith. 1986. 58 Evangelista v. 1977. 75 SCRA 310. within reasonable time given him by the court.264 6.. 1987. be a motion. Sec. March 31. Ylagan. 56 . L-47363. C. July 23. Cobadora. 116013. October 21. No. L-71909. No. Cayetano. August 31.R. February 28.

November 29. 72 Top Rate International Services. 15. title and interest of the judgment debtor in such property at the time of the levy. Ramos. Sec. 69 Philippine Surety and Insurance Co. Sec. July 7.268 Note that notice to the owner who is not the occupant does not constitute compliance with the statute. L-24358. Decisional Rules on Levy 1.271 1. No..272 2 Decisional Rules on Garnishment 2.3 Real property. debts. the sheriff is required to do two specific things: (a) file with the register of deeds. 67 Guevara v. L-78012. 142 SCRA 467. 68 Delta Motors Corporation v. a copy of the order and description of the attached property and notice of attachment. 71 Ibid. October 31. description and notice. It is brought 2 2 2 2 2 2 2 2 Rules of Court.1 The garnishment of property to satisfy a writ of execution operates as an attachment and fastens upon the property a lien by which the property is brought under the jurisdiction of the court issuing the writ. 9. Valenzuela v. Court of Appeals.2 To effect a levy upon real property. Sec.4 The levy on execution shall create a lien in favor of the judgment creditor over the right. L-674996. March 31. 21 SCRA 682. Inc. Rule 39. 1967.265 1. may be levied on in like manner and with like effect as under a writ of attachment. 8 SCRA 212.1 A valid levy is essential to the validity of an execution sale. 1963. L-18083-84. Inc. v. and (b) leave with the occupant of the property a copy of the same order. and levy is invalid if the notice of levy of real property is not filed with the office of the register of deeds. De Aguilar.5 Levy or attachment over properties themselves is superior than levy on the vendor’s equity of redemption over said properties.. Zabal. 1988. the procedure is for the court to order a hearing to determine the nature of said adverse possession. shares.269 1.266 Where a parcel of land levied upon execution is occupied by a party other than a judgment debtor. No. 12.attach the property he has in his possession or under his control belonging to the judgment debtor. stocks. 70 Rules of Court. 38 SCRA 194. credits and other personal property. 168 SCRA 206. Intermediate Appellate Court. and to dispose of the same as the court shall direct to satisfy the judgment. No. 1971. Rule 39. No. the purpose of which is to notify third parties who may be affected in their dealings with respect to such property. No. v. subject to liens and encumbrances then existing. May 31. to make disclosure to the court concerning the same.267 1. 1986. L-21556. 65 66 .270 1.

Act No. Pabalan.2 Successor-in-interest such as a person to whom the debtor has conveyed his interest in the property. 73 74 .into custodia legis. Rules on redemption 1. Salvador. 1978. 49 SCRA 355. 2. L-34964.277 and 1.3 Redemptioner. and attorney who agreed to divide the property in litigation. 1405 does not preclude its being garnished to insure satisfaction of judgment.2 Money judgments are enforceable only against property unquestionably belonging to the judgment debtor.275 2. Ortega. December 28. 1973. separate and distinct from the government. 149 SCRA 265. person who succeeds to the interest of the debtor by operation of law. wife as regards her husband’s homestead. one or more joint owners of the property. Amounts to be paid in case of redemption 2. Who may redeem 1. judgment or mortgage on the property sold. No.274 2. 75 China Banking Corporation v. 1970. L-55076. April 15.3 The prohibition against examination or an inquiry into a bank deposit under Rep. 1.1 Purchase price with 1% per month interest. although considered to be public in character. Tating. Note that the foregoing does not apply if the one who redeems is the judgment debtor unless he redeems from a redemptioner in which case. or on some part thereof. 27 (b). No.4 Government-owned-and-controlled corporations have a personality of their own. 78 Sec. L-30871. subsequent to the lien under which the property was sold. No.3 Amount of prior lien if also a creditor having a prior lien to that of redemption other than the judgment under which purchase was made with interest.278 2. 2. January 31. 36 SCRA 567.273 It is also known as attachment execution. No. 83 SCRA 595. 154 SCRA 132. Ong v. their funds. 77 Magno v. 61 Phil. No. Palicte v. L-61042.2 Assessments or taxes paid with 1% interest: 2. person to whom a statutory right of redemption has been transferred. as the saying goes. he must make the same payments as 2 2 2 2 2 2 De Leon v. September 21. under the sole control of such court. Ramolete. L-33112. 80 [1934]. therefore.276 7. which is a creditor having a lien by virtue of an attachment. Viola. 1987. 1987.1 Judgment debtor. June 15. One man’s goods shall not be sold for another man’s debts. 76 Philippine National Bank v. are not exempt from garnishment.

that a writ of possession is a complement of the writ of execution. L-78775. No. 2. the court should order a hearing to determine the nature of his adverse possession. 82 Olego v. May 31. Rules in deed of possession 1. however. After the deed of sale has been executed. L-24358. 1977. 67 SCRA 446. the writ may be issued for him to obtain possession without the need of filing a separate action against the possessor. Where the land is occupied by a third party. No. No. October 29. Buan. Ramos. 1988. not a party to the suit. 1975. No. the vendee therein is entitled to a writ of possession but the same shall issue only where it is the judgment debtor or his successors-in-interest who are in possession of the premises. 161 SCRA 710.283 2 2 2 2 2 2 Moran 329 [1979]. 83 Roxas v. Arlegui. 81 Gatchalian v. Court of Appeals (Fifth Division). 167 SCRA 43. 1988. Hence. No. had intervened.281 It has been held. November 8. L-35615. 38 SCRA 194. 1971.280 The writ shall issue when the period of redemption has expired.282 A writ of possession may also be sought from and issued by the court unless a third party is holding the property adversely to the judgment debtor. 75 SCRA 234. L-53798. 79 80 . in extrajudicial foreclosure of a real estate mortgage and in judicial foreclosure if the debtor is in possession and no third person. March 31.279 8. L-39350. Guevara v.redemptioner. Rebuena. February 17. A writ of possession may be issued only in a land registration proceeding. Unchuan v. if under a final judgment the prevailing party acquires absolute ownership over the real property involved.

9. Rules of Court. 10. and for no other purpose during the pendency of the action. 76 Phil. Provisional remedies are: (1) Those to which parties litigant may resort for the preservation or protection of their rights or interest. Recovery of damages from the bond is governed by Rule 57. a bond to answer for damages by reason of the improvident issuance of the writ.Provisional Remedies Common Rules 1. (4) Replevin (or delivery of private property) ( Rule 60). Roldan. Sec. (2) They are applied to a pending litigation. 445 [1946]. with the exception of alimony pendente lite.PART TWO .285 A. Rule 59. 8.284 2. The provisional remedies are (1) Attachment (Rule 57). Sec. . Section 20. Rule 60. Affidavits are required to support the issuance of any of these remedies and. Attachment 2 2 84 85 Calo v. Rule 58. for the purpose of securing the judgment or preserving the status quo. (3) Receivers (Rule 59). (2) Preliminary Injunction (Rule 58). for the purpose of preserving or disposing of the subject matter. and (5) Alimony Pendente Lite (Rule 61). Sec. and in some cases after judgment.

March 26.S. supra.290 4. either by virtue of a civil obligation emanating from contract or from law. August 5. or by virtue of some crime or misdemeanor that he might have committed. Definition A writ of preliminary attachment is a provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein. L-55381. Court of Appeals. Nature and Scope: Attachment Purely Statutory Attachment is not a distinct proceeding in the nature of an action in rem but it is a proceeding to an action of law. supra. December 12. No. 1990. Catolica. or so much thereof as may be sufficient to satisfy the plaintiff’s demands. the party seeking an attachment must show that a sufficient cause of action exists and that the amount due him as much as the sum for which the order of attachment is sought. is executed by attaching and safely keeping all the movable property of the defendant. Court of Appeals. G. Court of Appeals. note 286. Cuartero v. 112438-39.286 2. 138 sCRA 471 Cited in CEIC v. Court of Appeals. No. granted it. 184 SCRA 31. 88 Spouses Salgado v. or to make some provision for unsecured debts in cases where the means of satisfaction thereof are liable to be removed beyond the jurisdiction. If all the requisites for the issuance of the writ are not present.R.R. Attachment is a juridical institution which has for its purpose to secure the outcome of the trial. 1984. obtain a judgment and have such property applied to its satisfaction. Namit. 90 General v. that is. Gruenberg v. 780 [1947] 86 .R. 63225. 102448. designed to secure the payment of any judgment the plaintiff may obtain. Concept and Purpose. 128 SCRA 395. 251 SCRA 257. CEIC v. or otherwise placed beyond the reach of creditors. Tomol. L-45948. which issues it acts in excess of 2 2 2 2 2 Adlawan v. April 3. 257 [1937]. 1992 212 SCRA 260 Cited in Chemphil Export and Import Corporation (CEIC) v. 78 Phil. It does not exist unless expressly granted by the statute. the satisfaction of the pecuniary obligation really contracted by a person or believed to have been contracted by him. or improperly disposed of or concealed. Court of Appeals.1. 38 Phil. September 10. G. Attachment. No. 65 Phil.289 For this purpose. Strict Compliance with the Rule The rule on the issue of a writ of attachment must be construed strictly in favor of the defendant. 87 Guzman v. No. De Venecia. the court. It is therefore not available except in those cases where the statute expressly permits. as a provisional remedy. Court of Appeals. No.287 The chief purpose of the remedy of attachment is to secure a contingent lien on defendant’s property until plaintiff can. v. and the writ issued. by appropriate proceedings. G. 89 U. the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant. is purely a statutory one.288 3. note 286. 926 [1918]. 1995. 1985.

it is not necessary that jurisdiction over the person of the defendant should first be obtained. Attachment to Acquire Jurisdiction Over the Res Attachment is intended to confer jurisdiction by the court over the res. 93 Mabanag v. 3) there is no sufficient security for the claim sought to be enforced by the action. L-46009. No.R.293 6. supra. Court of Appeals. G. No.291 It should be issued only on concrete and specific grounds. otherwise. Court of Appeals. Spouses Salgado v.jurisdiction. it is required that the court must have acquired jurisdiction over the defendant for without such jurisdiction. the court has no power and authority to act in any manner against the defendant. May 14.35351. 4) the amount due to the applicant is as much as the sum for which the order is granted above all legal counterclaims. once the implementation commences. 2) the case is one of those mentioned in Rule 57. It is. 1992. before issuing the writ. 1979. Gallemore. 95 Salas v. However. 91 92 . 212 SCRA 260. 90 SCRA 121. Adil. 1976. the jurisdiction over the person of said defendant is not essential. 70 SCRA 96. Court of Appeals. For the initial two stages. March 17. When real property of a nonresident defendant located in Philippines is attached to answer for the claim of the plaintiff. Any order issuing from the court will not bind the defendant. the duty of the court.295 The affidavit must establish that: 1) a sufficient cause of action exists. therefore. Section 1. August 5. to ensure that all the requisites of the law have been complied with. Enage. second.292 5. 254 [1948] 94 Cuartero v. 81 Phil. Stages in the Issuance of the Writ The grant of the provisional remedy of attachment practically involves three (3) stages: first. the writ is implemented. and third. the court issues the order granting the application. 102448. No. such that it should not be abused to cause unnecessary prejudice.294 A preliminary attachment is a rigorous remedy which exposes the debtor to humiliation and annoyance. Dy vs. 2 2 2 2 2 Gruenberg v. L . note 288. the writ of attachment issues pursuant to the order granting the writ. the court acquires jurisdiction over the res and in that event. supra. note 287. the judge acts in excess of its jurisdiction and the writ so issued shall be null and void.

Catolica. 97 La Granja Inc.299 Where a lien already exists.g.297 7. and in personam where he appears in the action. April 10. Important Jurisprudential Rules 8. 00 Quasha v. e. Inc. Inc. the court should either conduct a hearing or require the submission of 2 2 2 2 3 3 Guzman v. 1989. Samson. note 298. Quasha v. It all depends upon the amount of credit given it by the judge who may accept or reject it in the exercise of his discretion. 1982. 1982. The mere filing of an affidavit reciting the facts required by the above provision is not sufficient to compel the judge to grant the writ. Valenzuela.2 Rule on Prior or Contemporaneous Jurisdiction Although a writ of preliminary attachment may be issued ex-parte or even before service of summons on the defendant. Sec.R. v. Gallemore. No. No. Orders granting or denying provisional remedies are merely interlocutory and cannot be the subject of an appeal. that the said amount due to the plaintiff above all legal set-offs or counterclaim is as much as the sum for which the order is sought renders that application fatally defective. supra. Jardine Manila Finance. 55272. 118 SCRA 505. Palanca. L-48756. a maritime lien. note 293. v. 8. or 2) to enable the court to acquire jurisdiction over the action by the actual or constructive seizure of the property in those instances where personal service of summons on the creditor cannot be effected.. They may however be challenged before a superior court through a petition for certiorari under Rule 65. Juan. note 287. K. No. November 19.296 Whether or not the affidavit sufficiently established facts therein stated is a question to be determined by the court in the exercise of sound discretion. concealment and disposition of defendant’s property under paragraphs (d) and (e) of Section 1. a proceeding in attachment is in rem where the defendant does not appear.3 When the ground relied upon in asking for preliminary attachment is impending fraudulent removal. L-49140. supra. 37 Phil.301 8. it cannot however be implemented until the court has acquired jurisdiction over the person of the defendant. v. Glass Construction Co. 378 [1933]. Court of Appeals. 300just like that under a real estate mortgage. 96 . September 11. G. 8. the same is equivalent to an attachment.298 Thus. Juan. Rule 57.1 The purposes of preliminary attachment are: 1) to seize the property of the debtor in advance of final judgment and to hold it for purposes of satisfying the said judgment. 99 Banco Espanol-Filipino v. 58 Phil.Failure of the affidavit to show that there is no other sufficient security for the claim sought to be enforced by the action. 98 Mabanag v. 116 SCRA 563. 01 Rules of Court. 921 [1918]. supra. 5. Rule 57.O. 171 sCRA 636.

hence. refers to those cases in Sections 14 and 16 of Rule 14. G.4 Preliminary attachment may be granted in an action for a specified amount even when the claim is unliquidated other than for moral and exemplary damages. Inc. 1978. G. L-35990. it becomes one under custodia legis and a subsequent extrajudicial foreclosure of said property by a thirdparty mortgagee does not affect the lien created by the attachment. concerning summons by publication. Jr. Rule 57..304 8. 57 Phil. May 29. Catungal.counter-affidavits from the defendant to gather facts in support of the allegations of fraud. 04 Consolidated Bank and Trust Corporation v.6 A foreign corporation duly licensed to do business in the Philippines is not a non-resident within the meaning of Section 1(f). 105 SCRA 88.305 Insolvency of the defendant debtor is not a ground ofr the issuance of a writ of preliminary attachment.307 Garnishment does not lie against the funds of the regular departments or offices of the Government. 8.308 Preliminary Injunction and Temporary Restraining Order There is no power the exercise of which is more delicate which requires greater caution. Intermediate Appellate Court. No. Inc. IV-A Vicente J. Sec.1997. The Revised Rules of Court of the Philippines 179 [1971] quoted in University of the Philippines v. Jur. 272 SCRA 221. but funds of public corporations are not exempt from garnishment. 06 Aboitiz and Co. L-33112.2 Preliminary Mandatory Injunction which requires a person to perform a particular act. No. and sound discretion.R. Caveat: Administrative Circular 07-99 To all judges of all lower courts: Re Exercise of Utmost Caution.1 Preliminary Prohibitory Injunction which requires a person to refrain from a particular act. v. 233 SCRA 645. where courts of law cannot afford an adequate or commensurate remedy in damages. v. June 17.309 1. 02 03 . 121863 May 5. 1987. Rule 57. 83 SCRA 595. 150 SCRA 591. 09 28 Am. Francisco. No. or (which is) more dangerous in a doubtful case than the issuing of an injunction. and Judiciousness in Issuance of Temporary Restraining Orders and Writs of Preliminary 3 3 3 3 3 3 3 3 Adlawan v. 05 Claude Neon Lights. Rule 57. its property here may not be attached on the mere ground that it is a non-resident. 1(a). 07 Rules of Court. deliberation. 607 [1932]. Pabalan. L-73796.303 8. Philippine Advertising Corporation.R. Torres. Two (2) kinds of Preliminary Injunction 1. July 5. Nos 65957-58. Provincial Sheriff.. it is the strong arm of equity that never ought to be extended unless to cases of great injury. Prudence. Rules of Court. Sec. 1981.7 Property exempt from execution is also exempt from preliminary attachment or garnishment. June 15. 236.306 Section 1(f). No. 5 08 Philippine National Bank v. and 1.302 8. 201.5 If a property has been levied upon by virtue of a writ of preliminary attachment. 1994. Fed.

L-82568. supra. 1992. October 8. 12 Philippine National Bank v. for the office of the writ of injunction is to restrain the wrongdoer. peaceable. Some substantive relief must be sought. R.315 4. R. March 31. G. v. 117661. 128 SCRA 276. supra.311 Suspension of orders is equivalent to injunction. v. L-57586. such a state of things cannot clearly be allowed. 118 SCRA 110. Definition of status quo The status quo is the last actual peaceable uncontested status that preceded the pending controversy. 1993. 14 Searth Commodities Corp. No.R. 228 SCRA 1. 82568. Independent action merely to obtain preliminary injunction is not allowed. Court of Appeals. but the prevailing condition at the time of its issuance is already that resulting from acts of usurpation by one of the parties. No. G. that TRO amounts to a perpetuation of the injurious effects of such acts of usurpation. L-52853. Court of Appeals. No.310 The sole object of preliminary injunction is to maintain the status quo until the merits can be heard. Inc. 13 Bengzon v. 16 Bengzon v. Florendo. 1982. 64200. Purpose To prevent future injury and maintain the status quo — the last actual. Court of Appeals. 11 Searth Commodities Corp. 1984. 17 Ibid. 1988.Injunction 2. 15 Buayan Cattle Co.313 3. June 16. which acts of usurpation are clearly established in the pleadings. November 2. 144 SCRA 643. No. R. G. R. G. 31 May 1988. Court of Appeals. uncontested status which preceded the pending controversy.317 5. No. 162 SCRA 122. 259 SCRA 14 . No. G. G. v. Court of Appeals..314 When parties are ordered to maintain the status quo in a TRO. may only be resorted to by a litigant to protect or preserve his rights or interest and for no other purpose during the pendency of the principal action. Essential Requisites for Issuance of Preliminary Injunction 3 3 3 3 3 3 3 3 Rivera v. No. L-26970.312 A writ of preliminary injunction. as an ancillary preventive remedy. March 19. Knecht v. May 31. 161 SCRA 745. Quintillan. 56122.316 A writ of preliminary injunction. G. R. Quintillan. Court of Appeals. No. November 18. not to protect him. 1986. R. note 315. 207 SCRA 622. Adil. as an ancillary or preventive remedy. 1988. July 15. 161 SCRA 745. Buayan v.1996. Cootauco v. Court of Appeals. 10 . 56565. may only be resorted to by a litigant to protect or preserve his rights or interest and for no other purpose during the pendency of the principal action. No. Villanueva v. note 311.

December 5. Subido v. Court of Appeals G. Court of Appeals. Summary denial without adequate hearing improper While in the issuance of preliminary injunction.318 6. 275 SCRA 176. 121158. G. it is with an equal degree of care and caution that courts ought to proceed in the denial of the writ. Police Commission v. 870 [1962]. Capitol Medical Center. 19 China Banking Corporation v.320 6. Gopengco. There must exist an actual right.319 It should only be granted if the party asking for it is clearly entitled thereto. A perfunctory and improvident action in this regard would be a denial of procedural due process and could result in irreparable prejudice to a party. supra. 262 SCRA 51.1 There must be right in esse or the existence of a right to be protected. G. G. Macadaeg. 21 Republic of the Philippines v. No. the courts will be forced to conduct a hearing even if from a consideration of the pleadings alone it can readily be ascertained that the movant is not entitled to the writ. 18 . 178 SCRA 493. September 5. 265 SCRA 327. March 28. 22 Bataclan v. It should not just summarily issue an order of denial without an adequate hearing and judicious evaluation of the merits of the application. Nos. Inc. 117733. 1996. G.R. Quintillian. When hearing on the merits unnecessary xxx If the ground is the insufficiency of the complaint.322 8. v. as an ancillary or preventive remedy.2 The act against which the injunction is to be directed is a violation of such right. under Section 6 of Rule 58. may only be resorted to by a litigant to protect or preserve his rights or interests and for no other purpose during the pendency of the action. Quintillan. G. Arcega v. Villarama G. the same is apparent from the complaint itself. No. the court may also refuse an injunction on other grounds on the basis of affidavits which may have been submitted by the parties in connection with such application. 1989. No 122206 July 7.R. No. note 315. No. 78148.R.R. with the caveat that extreme caution be observed in the exercise of such discretion. 278 SCRA 736. 25618. 13. Oct. Court of Appeals. the courts are given sufficient discretion to determine the necessity for the grant of the relief prayed for as it affects the respective rights of the parties.321 7. Rulings 6. R. It does not declare that such hearing is mandatory or prerequisite thereof. 1989.5. No. Saulog v. xxx It would be different xxx if there is a prima facie showing on the face of the motion or pleadings that the grant of preliminary injunction may be proper. v. 119769 September 18. note 315. R. 29959-60. R. No. In fact. Court of Appeals G. Buayan v.1 A writ of preliminary injunction. 1997. in which case notice to the opposing party would be necessary since the grant of such writ on an ex parte 3 3 3 3 3 Buayan Cattle Co. with or without notice to the adverse party. 1996. 27 SCRA 455. January 30. July 31. 1969. 5. Court of Appeals. Preliminary injunction in such a circumstance may be refused outright. Bello. 37 SCRA 230. 1997. Otherwise.R. supra. 82499.2 An injunction will not issue to protect a right not in esse and which may never arise or to restrain an act which does not give rise to a cause of action. 1971. 114 Phil. 175 SCRA 764. 20 Climaco v. xxx xxx (Section 7 of Rule 58) merely specifies the actions that the court may take on the application for the writ if there is a hearing on the merits.

4. 171 SCRA 501. Rafferty.R.4. Inc. Dinglasan. 1988. Estrada 56 Phil. 29 Government Service Insurance System (GSIS) v.331 9. April 15.329 9. Cases where Injunction was held improper 9. 31 Ambrosio v. 160 SCRA 759. Adil. L-81550.330 9. v.3 To restrain a mayor proclaimed as duly elected from assuming his office. 1978. 87 SCRA 217.4 Against consummated acts.3 The CFI has no power to issue a writ of injunction against the Register of Deeds if its effect is to render nugatory a writ of execution issued by the National Labor Relations Commission. 1988. June 16. R.4.332 3 3 3 3 3 3 3 3 3 3 Valley Trading Co.325 9.328 9. 25 Churchill & Tait v. No. Ibid. L-79128. Such requirement for prior notice and hearing underscores the necessity that a writ of preliminary injunction is to be dispensed with circumspection and both sides should be heard whenever possible. G. 1989. 28 Philippine National Bank v.proceeding is now proscribed. note 330.xxx (If there is a prima facie showing that preliminary injunction is proper) a hearing should be conducted. No. 31 March 1989. 27 Cereno v. 30 Meneses v. 32 Phil. 580 [1915]. 48603. December 11. 23 24 . Court of Appeals. supra. since under such circumstance. only in cases of extreme urgency will the writ issue prior to a final hearing. Court of First Instance. Dinglasan. September 29. No.33 [1931]. 178 SCRA 76. 162 SCRA 165. What was then discouraged and is now specifically prohibited is the issuance of the writ without notice and hearing.2 To restrain the sale of conjugal properties where the claim can be annotated on the title as a lien such as the husband’s obligation to give support. No. But it does not follow that such a hearing is indispensable where right at the outset the court is reasonably convinced that the writ will not lie.. 49529.2 Writ of injunction is not proper to stop the execution of judgment where the judgment was already executed. note 312. Florendo. Salvador. L-47651. Xxx323 9. supra. Ortigas and Company Limited Partnership v. 470 [1948]. Dictado. 26 Saavedra v.327 9.1 Against disposing of the case on the merits. G.4 A writ of injunction is not proper to stop the execution of judgment where the judgment was already executed.1 To restrain collection of taxes324 except where there are special circumstances that bear the existence of irreparable injury. No.326 9. 32 Meneses v. 81 Phil.4.

G. Jr. 102881. 20530. G. G.336 10. 38 Ramos v.2 Property covered by Torrens Title when there is a clear finding of ownership and possession of the land or unless the subject property is covered by a Torrens Title pointing to one of the parties as the undisputed owner. Dec. Court of Appeals. 39 Phil. Sec. G.333 9. 35 Knecht v.335 This is more particularly applicable where the legal title is in dispute and the party having possession asserts ownership in himself.2 Injunction orders are prohibited in the labor cases.1 Injunction against courts or tribunals of co-equal rank prohibited. supra. 1996. 39 GSIS v. 254 SCRA 229. 1967. 228 SCRA 1. 20 SCRA 463.1 Forcible entries in which the Court may issue preliminary mandatory injunction337 and by Section 20 thereof involving leases in which the court may. Del Rosario. 1992.But where the lower court enforced its judgment before a party against whom the execution was enforced could elevate her appeal in an injunction suit. June 29. July 25. R. 829 [1919]. 7. L-75736. No. Arca. Florendo. 1993. No. Exceptions 10. Toyota Motors Philippines Corporation v. 1988. July 26. 56122. on appeal. The exception applies only to ejectment cases exclusively cognizable by the municipal court. 216 SCRA 236.4 Not Allowed To Transfer Possession A court should not by means of a preliminary injunction transfer the property in litigation from the possession of one party to another where the legal title is in dispute and the party having possession asserts ownership thereto. November 16. Cases where injunction prohibited 11. 1988. Inc. v. Court of Appeals. grant similar mandatory injunctive relief. v. Court of Appeals. note 329. 36 Gordillo and Martinez v. 40 Roldan. November 18. G. 1975. R. 166 SCRA 99. 81354.340 11. Cagayan de Oro City Landless Residents Association. 1984. No. 33 34 . R. No. No. No. Sarmiento. 15. an independent petition for injunction in the Court of Appeals is justified. 37 Rules of Court. 25434. L-47853. No. 106043. Kaisahan ng mga Manggagawa v. 163 SCRA 583. March 4.338 10. G. 65 SCRA 336.339 11.334 The function of injunction is to preserve the status quo ante.R. Court of Appeals. 41 Associated Labor Union (AKU-TUCP) v. September 29. Borromeo. R. which was instituted to prevent said execution. Rule 70.341 3 3 3 3 3 3 3 3 3 Manila Surety and Fidelity v. R. Teodoro. 133 SCRA 220.

50 Guingona v. 162 SCRA 378.4 To enjoin the prosecution of criminal proceedings. Resolution. 128 SCRA 577. 1990. 84076. 1988. 48 Primicias v. No. 192 SCRA 182. note 345.342 11. Jr. 1985. City Fiscal of Manila. L-41114. G. AFP v. 4) To afford adequate protection of constitutional rights.. No. May 15.345 6) Where the constitutionality of the Chinese Book Keeping Law was questioned. 69863-65. 46198. 1989. Castillo. Romero v. December 10. 5) In proper cases because the statute relied upon is unconstitutional or was held invalid. June 21. October 18. 47 Phil. R.349 Note: This was later on reconsidered. 385 [1925]. No. G. April 4. G. Municipality of Urdaneta. Castro.350 13. G. 49 Guingona v. 1990.3 No injunction beyond prayer in complaint.11. Mandatory Injunction 3 3 3 3 3 3 3 3 3 The Chief of Staff. December 39. February 20. Reyes v. Trinidad. 2) To prevent the use of the strong arm of the law in an oppresive and vindictive manner. L-26702. 93 SCRA 462.346 7) Where the hearing of the libel case was enjoined by permanent injunction after the Supreme Court in a separate case found the communication alleged to be libelous as privileged and not libelous. 170 SCRA 108. 45 Justiniani v. 1979. 101 SCRA 827. The Chief of Staff. Cases where Criminal Prosecutions were Enjoined344 1) For the orderly administration of justice. 192 SCRA 445. Camilon. Enrile. 46 Yu Cong Eng v. L-35007. Reconsidered. No. 1984. No. 1980. AFP. No. 44 Brocka v. No. 3) To avoid multiplicity of actions. Castillo. 42 43 . Justiniani v. Guadiz. 137 SCRA 597.347 8) Where a traffic ordinance was found to be invalid. L-60033. Nos. supra. December 20. Pangasinan. City Fiscal of Manila. 47 Ang v. R.343 12. 136 SCRA 453. R.348 and 9) Where the fiscal was restrained from further proceeding with criminal case found to be civil in nature. L-66371. R.

13.1 Requisites

A mandatory injunction is granted only on a showing that:

(1) The invasion of the right is material and substantial;

(2) The right of a complainant is clear and unmistakable;

(3) There is an urgent and permanent necessity for the writ to prevent serious damage.351

14. Cases where Mandatory Injunction not Granted

Mandatory injunction was not granted in the following instances:

(1) to compel cohabitation;352

(2) in cancellation of attachment;353 and

(3) in release of imported goods pending hearing before Commissioner of Customs.354

(4) Injunctions are also not available to take property out of the possession or control of one party and place it into that of another whose title has not clearly been established.355 The office of the writ of injunction is to restrain the wrongdoer356 not to protect him.357

15. Injunction against courts or tribunals of co-equal rank is prohibited

15.1 A court may not interfere by injunction with the judgments or orders of another court of coordinate and concurrent jurisdiction.358

3

3 3 3 3

3 3 3

Pelejo v. Court of Appeals, No. L-60800, October 18, 1982, 117 SCRA 666; Rivera v. Florendo, No. L-60066, July 31, 1986, 143 SCRA 278. 52 Arroyo v. Vasquez, 42 Phil. 54 [1921]. 53 Levy Hermanos v. Lacson, 71 Phil. 94 [1940]. 54 Commissioner of Customs v. Cloribel, G. R. No. 20266, January 31, 1967, 19 SCRA 234. 55 Emilia v. Bado, G. R. No. 23685, April 25, 1968, 23 SCRA 183; Pio v. Marcos, G. R. No. 27849, April 30, 1974, 56 SCRA 726. 56 Calo v. Roldan, supra, note 284. 57 Buayan Cattle v. Quintillian, supra, note 315. 58 Roldan, Jr. v. Arca, G. R. No. 25434, July 25, 1975 65 SCRA 336; Abiera vs. Court of Appeals, G. R. No. 26294, May 31, 1972, 45 SCRA 314.
51

The principle applies regardless of whether it is an ordinary action or a special civil action.

15.2 No writ may be issued by the Regional Trial Court against quasi-judicial bodies of equal rank such as Social Security Commission, Securities and Exchange Commission,359 Intellectual Property Office, Commission on Elections, or Workmen’s Compensation Commission.360

15.3 Inferior courts may issue writs of preliminary injunction only in forcible entry and unlawful detainer cases. The exclusive original jurisdiction of the inferior court in civil cases now includes the grant of provisional remedies in proper cases.361

16. Statutory Prohibitions against the Issuance of a Writ of Preliminary Injunction

Injunction orders are prohibited in the following cases:

16.1 Under Batas Pambansa Blg. 227 amending Art. 255 (Labor Code), no temporary or permanent injunction in cases growing out of labor dispute shall be issued by a court or other entity except as otherwise provided in Articles 281 and 264 of this Code.362

Under Presidential Decree No. 218, it is the National Labor Relations Commission (NLRC) that issues an injunction in labor disputes.363

16.2 Rep. Act No. 8735

Prohibition of issuance of temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions against government infrastructure projects.

The law expressly repeals Presidential Decree No. 605 (prohibiting injunction involving concessions, licenses and other permits issued by public administrative office or bodies for the exploitation of natural resources) and Presidential Decree No. 1818 (prohibiting injunction in cases involving infrastructures and natural resources development and public utilities)364.

16.3 Presidential Decree No. 385

Prohibition to issue injunction against any government financing institution in any action taken by such institution in connection with the mandatory foreclosure where arrears amount to at least 20% of the total outstanding obligations including interest and other charges as appearing in the book of
3 3 3 3 3 3

Philippine Pacific Fishing Co., Inc. v. Luna, No. L-59070, March 15, 1982, 112 SCRA 604. Nocnoc v. Vera, No. L-37737, February 27, 1979, 88 SCRA 529. 61 BP Blg. 129, Sec. 33; Vide Refer to Rules of Court, Rule 70, Sec. 15. 62 Associated Labor Union (ALU-TUCP) v. Borromeo, supra, note 341. 63 Kaisahan ng mga Manggagawa v. Sarmiento, supra, note 341. 64 National Power Corporation v. Vera, G.R. No. 83558, 27 Feb. 1989, 170 SCRA 721.
59 60

accounts and/or related records of the financial institutions concerned.365

Presidential Decree No. 385 cannot however, be applied where the extent of the loan actually received by the borrower is still to be determined.366

It is not also applicable to properties already foreclosed. The prohibition found in Presidential Decree No. 385 against the issuance of injunctions by lower courts, unless certain conditions are met, applies only to foreclosure proceedings initiated by government financing institutions like the Development Bank of the Philippines.367

16.4 No restraining order or preliminary injunction against the Presidential Agrarian Reform Council (PARC)

No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against PARC or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform.368

16.5 Prohibition to issue injunction against the Asset Privatization Trust (APT)369

16.6 A court should issue a writ of preliminary injunction only when the petitioner assailing a statute or administrative order has made out a case of unconstitutionality aside from showing a clear legal right to the remedy sought.370

16.7 Presidential Decree No. 605 which prohibits courts from exercising jurisdiction to issue preliminary injunction in a case involving the issuance or approval by administrative officials of public grants in connection with the exploitation of natural resources, does not apply in a case where the complaint does not put in issue the legitimacy of the defendant’s claim of being holders of mining lease contracts, but asserts that defendants had rights.371

17. Injunctions not issued where act sought to be prevented had been committed

An injunction suit becomes moot and academic after the act sought to be enjoined had already been
3 3

3

3 3

3 3

Filipinas Marble Corporation v. Intermediate Appellate Court, No. L-68010, May 30, 1986, 142 SCRA 180. Filipinas Marble Corporation v. Intermediate Appellate Court, ibid.; Government Service Insurance System v. Court of Appeals, G.R. No. 42278, January 20, 1989, 169 SCRA 244. 67 Searth Commodities Corporation v. Court of Appeals, supra, note 311; Republic of the Philippines v. Court of Appeals G.R. No.107943, Feb. 3, 2000. 68 Sec. 55, CARP Law. 69 Sec. 31-A, Proclamation No. 50-A; Mantruste System v. Court of Appeals, G.R. Nos. 86540-41, November 6, 1989, 179 SCRA 136. 70 Tablarin v. Gutierrez, No. L-78164, July 31, 1987, 152 SCRA 730. 71 D.C. Crystal, Inc. v. Laya, G.R. No. 53597, February 28, 1989, 170 SCRA 734.
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consummated.372 A prohibitory injunction cannot be issued when the act sought to be enjoined has already been committed.373

18. No injunction beyond prayer in complaint

Courts should not issue orders or injunctions beyond those prayed for in the complaint.374

19. Temporary Restraining Order

The procedural guidelines in the issuance of TRO and Preliminary Injunction in a Multiple Sala Court are provided for in Supreme Court Administrative Circular No. 20-95.

When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall proceed as follows:

(a) Verified application and bond for preliminary injunction or temporary restraining order;

(b) Determination from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice.

(c) If the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-sala court or the presiding judge of a single-sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance;

(d) In either case, even if no TRO had been issued because there is no extreme urgency, the case shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. In any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint or initiatory pleading and the applicant’s affidavit and bond, upon the adverse party in the Philippines.

However, (1) where the summons could not be served personally or by substituted service despite diligent efforts, or (2) the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof, the requirement of prior or contemporaneous service of summons shall not apply.

(e) If no TRO has been issued because there is no extreme urgency, the application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty-four (24) hours after the sheriff’s return of service and/or the records are received by the branch selected by raffle and to which the records shall be transmitted immediately.

(f) Within the aforesaid seventy-two (72) hours, the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary
3

3

3

Philippine Commercial and Industrial Bank v. National Mines and Allied Workers Union (NAMAWU-MIF), No. L50407, August 19, 1982, 115 SCRA 873; Romulo v. Yñiguez, No. L-71908, February 4, 1986, 141 SCRA 263; Rivera v. Florendo, No. L-57586, October 8, 1986, 144 SCRA 658. 73 Philippine National Bank v. Adil, supra, note 312; Ramos, Sr. v. Court of Appeals, G.R. Nos. 80908-09, May 24, 1989, 173 SCRA 550. 74 The Chief of Staff, AFP v. Guadiz, Jr., supra, note 342.
72

injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days, including the original seventy-two hours provided herein.

(g) Determination within twenty days from service of the TRO on the party sought to be enjoined whether a preliminary injunction shall issue or not.

(h) The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect and no court shall have authority to extend or renew the same on the same ground for which it was issued. Another restraining order may, therefore, be issued provided it is not based on the same ground.

Receivership

1. Appointment of a Receiver

The general rule is that neither party to the litigation should be appointed as a receiver without the consent of the other because a receiver is supposed to be an impartial and disinterested person.375 A clerk of court should not be appointed as a receiver as he is already burdened with his official duties.376

2. Specific situations when a receiver may be appointed

2.1 Family Code, Article 101

If a spouse without just cause abandons the other or fails to comply with his/her obligations to the family, the aggrieved spouse may petition the court for receivership.

2.2 Rules of Court, Sec. 41, Rule 39

The court may appoint a receiver of the property of the judgment obligor; and it may also forbid a transfer or other disposition of, or any interference with, the property of the judgment obligor not exempt from execution.

2.3 After the perfection of an appeal, the trial court retains jurisdiction to appoint a receiver of the property under litigation since this matter does not touch upon the subject of the appeal.377

2.4 After final judgment, a receiver may be appointed as an aid to the execution of judgment.378
3 3 3 3

Alcantara v. Abbas, No. L-14890. September 30, 1963, 9 SCRA 54. Abrigo v. Kayanan, No. L-28601, March 18, 1983, 121 SCRA 20. 77 Rules of Court, Rule 41, Sec. 9; Acuña v. Caluag, 101 Phil. 446 [1957]. 78 Philippine Trust Company v. Santamaria, 53 Phil. 463 [1929].
75 76

2.5 Appointment of a receiver over the property in custodia legis may be allowed when it is justified by special circumstances as when it is reasonably necessary to secure and protect the rights of the real owner.379

Replevin

1. Steps in the Issuance and Implementation of a Writ of Replevin

1.1 A party praying for the recovery of possession of a personal property files with the court at the commencement of the action or before answer in application for a writ of replevin.380

To accompany the application is the affidavit which should state that:

(1) that the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof;

(2) that the property is wrongfully detained by the adverse party, alleging the cause of detention thereof according to the best of his knowledge, information, and belief;

(3) that the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a writ of execution or preliminary attachment , or otherwise placed under custodia legis, or if so seized, that it is exempt from such seizure or custody; and

(4) the actual market value of the property.

2. Notes

(1) The applicant of a writ of replevin need not be the owner for it is enough if he has a right to possess it.381

(2) Replevin cannot be availed of if the property is in custodia legis as where it is under attachment or was seized under a search warant382 except:

3 3 3 3

Dolar v. Sundiam, No. L-27631, April 30, 1971, 38 SCRA 616. Rules of Court, Rule 60, Sec. 1. 81 Yang v. Valdez, G. R. No. 73317, August 31, 1989, 177 SCRA 141. 82 Pagkalinawan v. Gomez, Nos. L-22585, December 16, 1967, 21 SCRA 1275; Rules of Court, Rule 60, Sec. 2 (c).
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a. when the seizure is illegal;383 and

b. where there is reason to believe that the seizure will not anymore be followed by the filing of the criminal action in court or there are conflicting claims.384

3. The defendant is entitled to the return of the property taken under a writ of replevin if the following requisites are met:

(1) S/he posts a redelivery bond and

(2) S/he furnishes the plaintiff of a copy of the undertaking within five (5) days from taking and

(3) the bond is sufficient and in proper form.385

Support Pendente Lite

1. Notes and Cases

1.1 Support pendente lite can be granted by the court in two (2) instances:

(1) civil action for support; and

(2) criminal action where civil liability includes support for the offspring as a consequence of the crime.

1.2 Where the right to support is put in issue by the pleadings or the fact from which the right to support arises is in controversy or has not been established, the court cannot grant support pendente lite.386

1.3 The amount of support pendente lite is not final in character in the sense that it can be the subject of modification depending on the changing conditions affecting the ability of the obligor to pay the amount fixed for support.387

3 3 3 3 3

Bagalihog v. Fernandez, G. R. No. 96356, June 27, 1991, 198 SCRA 614. Chua v. Court of Appeals, G. R. No. 79021, May 17, 1993, 222 SCRA 85. 85 Rules of Court, Rule 60, Secs. 5 and 6. 86 Francisco v. Zandueta, 61 Phil. 752 [1929]. 87 San Juan v. Valenzuela, No. L-59906, October 23, 1982, 117 SCRA 926.
83 84

1.4 If an application for support pendente lite is denied, the remedy is certiorari.

1.5 Mere affidavits or other documents appearing in the record are sufficient basis for the court to determine amount of support pendente lite.388

1.6

Support pendente lite are allowed in criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil

aspect thereof has not been waived, reserved or instituted prior to its filing.389

3 3

88 89

Reyes v. Ines-Luciano, No. L-48219, February 28, 1979, 88 SCRA 803. Rules of Court, Rule 6, Sec. 6.

PART III - SPECIAL CIVIL ACTIONS
The special civil actions are:

(1) Interpleader (Rule 62);

(2) Declaratory Relief (Rule 63);

(3) Certiorari, Prohibition and Mandamus (Rule 65);

(4) Quo Warranto (Rule 66);

(5) Expropriation (Rule 67);

(6) Foreclosure of Real Estate Mortgage (Rule 68);

(7) Partition (Rule 69);

(8) Forcible Entry and Unlawful Detainer (Rule 70); and

(9) Contempt (Rule 71).

I. The Different Special Civil Actions
1. Interpleader

1. Requisites

(1) The plaintiff claims no interest in the subject matter or his claim is not disputed;

(2) There must at least be two (2) or more conflicting claimants;

(3) The parties to be interpleaded must make effective claims; and

(4) The subject matter must be one and the same.

2. Decisional Rules

Interpleader was found to be a proper action in an action of a lessee who does not know to whom to pay rentals due to conflicting claims on the property;390 and in an action by a bank where the purchaser of a cashier's check claims it was lost and another has presented it for payment.391 It was however found to be improper in an action where defendants have conflicting claims against the plaintiff;392 and an action where one of the defendants had earlier sued the plaintiff and secured a judgment against him which has already become final. The action is barred by laches or unreasonable delay.393

3. Procedural Peculiarities

3.1 Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another.394

3.2 The court may direct in the same order mentioned in the preceding paragraph that the subject matter of the suit be paid or delivered to the court.395

3.3 The summons shall be accompanied by copies of the complaint and order mentioned in No. 1.

3.4 The defendants may file a motion to dismiss on the ground of the impropriety of the interpleader action or on other appropriate grounds specified in Rule 16.

3.5 The defendants shall serve a copy of the answer not only to the plaintiff but also to their codefendants who may file their reply thereto.

3.6 The effect of a failure to plead within the prescribed period is that, upon motion, the defendant will be declared in default and thereafter renders judgment barring him from any claim in respect to the subject matter.

2. Declaratory Relief and Similar Remedies

1. Requisites

3 3 3 3 3 3

Pagkalinawan v. Rodas, 80 Phil. 281 [1948]. Mesina v. Intermediate Appellate Court, No. L-70145, November 13, 1986, 145 SCRA 497. 92 Beltran v. People’s Homesite and Housing Corporation, No. L-25138, August 28, 1969, 29 SCRA 145. 93 Wack Wack Golf and Country Club, Inc. v. Won, No. L-23851, March 26, 1976, 70 SCRA 165. 94 Rules of Court, Rule 62, Sec. 2. 95 Ibid.
90 91

96 97 . 01 Rules of Court.. No. Rule 63. Sec. 77 SCRA 459. Rule 63. July 30. R. No. 98 Rules of Court. the court motu proprio or upon motion may refuse to exercise the power to declare rights and to construe instruments in any case where a decision would not terminate the uncertainty or controversy which gave rise to the action or in any case where the declaration or construction is not necessary under the circumstances.402 If the validity of a local government ordinance is in question. L-22313. 16 SCRA 615. Republic. March 31. 1.1 The petition must be filed before there is a breach of contract or violation of the statute or ordinance. 4. No. 1996. Declaratory Relief Improper in the Following Cases (1) to obtain judicial declaration of citizenship. 3. 00 Commissioner of Customs v. 260 SCRA 88. 1966. the court action on an action for declaratory relief is discretionary. Colet.397 and (5) The petition must be filed before there is a breach or violation. Cloribel. executive order or any government regulation or ordinance is alleged to be unconstitutional. June 30.(1) There must be a justiciable controversy. L-21036.3 Except in actions for quieting of title. the Solicitor-General should be notified by the party assailing the same. Procedural Peculiarities 2. 22 SCRA 353. (4) The controversy must be ripe for judicial determination. 864 [1953]. Board of Optometry v.403 3. 1968. 99 Ibid. Singson v.400 2.Sec. Sec. L21855.404 3 3 3 3 4 4 4 4 4 Obiles v.. 1977. 04 Dy Poco v. No. Republic.399 2.398 2.401 2.Sec. 02 Ibid.2 Third-party complainant is not allowed.396 (2) The controversy must be between persons whose interest is adverse. the prosecutor or attorney of the local government should be notified. 5. 92 Phil. G. 03 Ibid. 122241.4 When a statute. Thus. (3) The parties must have legal interest in the controversy. Commissioner of Immigration. January 30.

52 O. 09 Santos v. 1962. Edades. February 27. Central Bank. No. 08 Edades v. 5175 (September 15. L-29535. 05 06 . Terminology (1) Without jurisdiction – absence of a legal power to determine a case. 5 SCRA 297. December 9. 5149 (September 15.406 (4) to test the correctness or validity of a court decision. 94 Phil. 10 Ollada v. No. Commission on Elections. 4 4 4 4 4 4 Lim v.407 (5) to determine hereditary rights.410 3. 11. Aldaya. 1956).409 and (8) when administrative remedies have not yet been exhausted.(2) to seek relief on moot questions or to resolve hypothetical. speedy and adequate remedy in the ordinary cause of law. 1977. 65 [1953]. 37 SCRA 783. (2) It or s/he acts without or in excess of jurisdiction or with grave abuse of discretion. Certiorari 1. and (3) There is no appeal nor plain.408 (6) when the petition is based upon the happening of a contingent event. Requisites (1) A tribunal. 80 SCRA 525. L-11357. Aquino. 52 O. Republic. 1956).G. 2. No. or to decide claims which are uncertain. L-47245. No. 07 Tanda v. 11. No. May 31. 1971. board or officer exercises judicial or quasi-judicial function. abstract or theoretical questions.405 (3) to resolve political issues or questions.G. (7) when the petitioner is not the real party in interest. Dela Llana v.

114 SCRA 657. 38 Phil. June 29. Campos. 22 Jose v. No. L-38280. 181 SCRA 811. O’Brien. L-16598. February 26. 1988. 1982.416 (4) order is a patent nullity. February 6. 43 Phil. Florendo. April 28. 1990. Melicor.414 (2) order is issued without or in excess of jurisdiction.417 (5) to avoid future litigation.. 166 SCRA 155. 1961. L-45473. No. 1988. L-29077. No. G. 117 SCRA 573. 20 Marahay v. supra.419 (7) in furtherance of the broader interest of justice and equities. September 30. 21 Butuan Bay Wood Export Corporation v. Jr. Certiorari is not a proper remedy if appeal is available or it is lost through the fault of the petitioner. No. Zulueta. March 21.(2) Excess of jurisdiction – the court has jurisdiction but fails to comply with the conditions prescribed for its exercise. 163 SCRA 630. resolution or decision. 97 SCRA 297. June 27. No. 78 Phil. De Caldito v. Pajarillo. L-60578.412 3. L-56291. September 30. arbitrarily or despotically due to passion or personal hostility.415 (3) in consideration of public welfare and for the advancement of public policy. v. 162 SCRA 642. July 28. No. 1975. Inc. note 416. R. Jocson. Zulueta. Cruz. 182 [1918]. Court of Appeals. Before certiorari can be availed of. Peter Memorial Park. 158 SCRA 69. 11 12 . 14 Saludes v. 715 [1922]. R. 44980.420 4. petitioner should first file a motion for reconsideration of the challenged order. 2 SCRA 574. 15 Philippine National Bank v. 206 SCRA 582. No. Court of Appeals. 17 Marcelo v. G. Dulay. 62082. No. 19 Escudero v. De Guzman. No. 18 St. 1988. Tengco v. 1988. 16 Jose v. 1982. Segundo.421 except in the following cases: (1) in the interest of justice and public welfare and advancement of public policy. L58187. 1992. L-65935. Velasco Vda.418 (6) to avoid a miscarriage of justice. Gamboa v. 63 SCRA 180.413 except: (1) appeal is not a speedy and adequate remedy.422 4 4 4 4 4 4 4 4 4 4 4 4 Leung Ben v. Filinvest Credit Corporation v. No. 754 [1947]. February 23.411 (3) Grave abuse of discretion – judicial power is exercised capriciously. 13 Dillena v. No. 1980. L-77660. May 31. Intermediate Appellate Court.

G. 199 SCRA 882. Sec. order or resolution subject thereof. 23 .428 and (6) question is purely of law.430 (2) accompanied by a certificate of non-forum shopping. 125 SCRA 845. Inc. there is no more need to wait for the resolution of a motion for reconsideration. No. R. 24 Aquino v. and (5) if not filed and served personally. 33 Rules of Court.423 (3) order is a patent nullity424 as when petitioner's right to due process was denied in the lower court425 or petitioner has been unlawfully deprived of his right to appeal. No. (Phil. November 25. 31 Ibid. Court of Appeals. Requirements Regarding the Extrinsic Sufficiency of the Petition (1) it must be verified. 1972. G.429 5. No. 1. v. No. Section 1. 121 SCRA 650.). 1971.431 (3) accompanied with certified true copy of the judgment. 37 SCRA 823. 27 Vda. 28 Peroxide Philippines Corporation v. National Labor Relations Commission. April 11. v. National Telecommunications Commission. L-32409. Court of Appeals. Cloribel. February 27. December 29. 29 Central Bank v. Rule 13. 1983. No. Time to File 4 4 4 4 4 4 4 4 4 4 4 Philippine Consumers Foundation. copies of all pleadings and documents relevant and pertinent thereto.432 (4) proof of service pursuant to Rule 13. 1991. Rule 65. No. 92813. Sec. 26 National Electrification Administration v. it should be accompanied by a written explanation why personal service was not resorted to. 1993. de Sayman v. L-25596. September 3. 25 Bache and Co. Court of Appeals. 11. 1983. L-32490. 30 Rules of Court. Ruiz. Inc. 98108.426 (4) when relief is extremely urgent. 32 Ibid. 126 SCRA 394. No. 226 SCRA 76. R.(2) order was issued without or in excess of jurisdiction. 44 SCRA 307.427 (5) when the questions raised and passed upon in the lower court are the same as those to be passed upon in the certiorari case. July 31. 1983.433 6. April 28. then. L-26971. L-63318.

434 7. Decisional Rules 2.3 Mandamus will not lie against the President or Congress because of the principle that the judiciary is a co-equal department of the latter. R.1 As a general rule. or from the denial of petitioner’s motion for reconsideration or new trial filed in due time after judgment. Asian Trading Corporation v. Chief Accountant of the Senate. trust. 4. in case of denial. Bacungan. 818 [1948] Resolution on the Motion for Reconsideration. No.437 2.2 Mandamus is not proper to compel a school to enroll a student for academic deficiencies because this involves the exercise by the school of discretion under academic freedom. 39 Aquino v. R. 34 35 . 1999. 129 SCRA 532. certiorari is not a proper remedy to assail the order of the trial court denying a demurrer to evidence in a civil case. L-30485. appeal. 81 Phil.439 The 4 4 4 4 4 4 Rules of Court. officers or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty arising from an office. Prohibition 1. and (2) there is no other plain. 1984. No. are the proper remedy. Requisites (1) a tribunal. Ayson. Sec. 76276. 36 Mantrade/FMMC Division Employees and Workers Union v. resolution or order sought to be assailed. Rule 65. 176 SCRA 571. board. 303 SCRA 152. 88386.435 Motion for reconsideration and. G. Mariano. February 15. No.438 2. 38 Suanes v. L-48437. 1989.4 Failure to exhaust administrative remedies is generally fatal to an action for mandamus. 4. 1986. speedy and adequate remedy in the ordinary course of law. or station or unlawfully excludes another from the use or enjoyment of a right or office to which the plaintiff is entitled. 144 SCRA 510. 37 University of the Philippines v. 877 [1948]. August 17. G. Court of Appeals.436 2. Decisions 7. 2. September 30. No.Within sixty (60) days from notice of decision. May 31. corporation.1 Mandamus is an appropriate remedy to compel a corporation to grant its monthly salaried employees holiday pay. 81 Phil.

3 The court issues the order allowing the filing of the action within the period fixed therein. and 3.1 When the Solicitor General or a public prosecutor commences the action at the instance of another person. 1987.441 2.440 5. Court of Appeals. Definition A quo warranto is a prerogative writ by which the Government can call upon any person to show by what warrant he holds a public office or exercises a public franchise. v. 43 Fortuno v. leave of court must first be secured. 40 41 . 53 Phil. 108 SCRA 416.443 3. Palma. 42 Caesar v. quo warranto is the proper action. Requisites For Exercise of Right (1) due process of law – compliance with the rules set down (Rule 67). Peculiarities of Proceedings 3. Inc. quo warranto is not the proper remedy but an election protest. Garrido. L-53790. L-70203. and 4 4 4 4 One Heart Sporting Club. Expropriation 1. 3 Moran 208 [1970]. December 18.2 The motion for leave must be set for hearing with notice to the respondent so that he may be heard.442 When the dispute is on the ineligibility of a person sought to be ousted. 97 [1929]. 156 SCRA 691. Quo Warranto 1. No. (2) payment of just compensation. Quo Warranto as distinguished From Election Contest If the dispute is as to the counting of votes or on matters connected with the conduct of the election.exception is when the question is purely of law. 1981. No. 3. October 23. 6.

Tuazon and Co. 1989. No. December 22. v.446 Just compensation is to be determined as of the date of the taking of the propriety or the filing of the complaint. Limpin v.444 2.1 Determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts. The order fixing just compensation is also final and appealable. 33 SCRA 882. Distinction Between Right of Redemption and Equity of Redemption Equity of Redemption is the right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the amount fixed in the decision of the court within ninety (90) to one hundred twenty (120) days after entry of judgment or even after the foreclosure sale but prior to its confirmation. No. These orders are final and therefore appealable. Rule 68. This stage is terminated by either an order of dismissal of the action or order of the condemnation declaring that expropriation is proper and legal. G. L-70987. Two (2) Stages in Expropriation Proceedings 2. 44 45 . the court should order the sale at public auction of the mortgaged property. Land Tenure Administration. The judgment in a judicial foreclosure proceeding should: (1) make a finding of the amount due the plaintiff including interest. Sec. Municipality of Biñan v. 7.445 2. 46 Ibid. 52. (2) order defendant to pay said amount within a period of not less than ninety (90) days nor more than one hundred twenty (120) days from entry of judgment.(3) taking must be for public use. 69260. 166 SCRA 87. L-21064. 1988.447 On the other hand. 2. and (3) if the defendant defaults. September 29. 47 Rules of Court. cost and other charges approved by the court. Foreclosure of Real Estate Mortgage 1. Garcia. R. 1970. No. whichever comes first. Intermediate Appellate Court. Inc. M. 180 SCRA 576. his successor-in-interest or any judicial creditor of said debtor-mortgagor or any person having a lien in the 4 4 4 4 J.2 Determination of just compensation This is done with the assistance of not more than three (3) commissioners. June 30. right of redemption is the right granted to the debtor-mortgagor..

448 For as long as the sale have not been validly confirmed. 51 El Banco Español-Filipino v. supra. Palanca. 165 SCRA 654.1 First Stage – Determination of the propriety of partition 4 4 4 4 4 4 Rules of Court. Deficiency Judgment Some rules on deficiency judgment are: (1) A motion for deficiency judgment may be made only after the sale and after it becomes known that a deficiency exists. 4. 53 Rules of Court. 689 [1935]. may issue a writ of possession to install the buyer at auction into possession of the property sold.452 (4) If the debtor dies. De Castro v. The remedy is an ordinary action against the debtor. Intermediate Appellate Court. Echaus Tan Siua. 29. upon motion. 61 Phil. the court. 52 Philippine Trust Co.449 3. 48 . Rule 39. Partition 1. 37 Phil. No. 1988. 49 Limpin v. 921 [1918]. L-73859. v. September 26. the equity of redemption may be exercised by the mortgagor or his successors-in-interest.453 8. 7.451 (3) No deficiency judgment may be rendered against the owner who is not a mortgagor and has not assumed personal liability for the debt. Sec. 50 Governor of the Philippine Islands v. Two Stages of the Action 1.property subsequent to its mortgage or deed of trust under which the property is sold to redeem the property within one (1) year from the registration of the sheriff’s certificate of foreclosure sale. Intermediate Appellate Court. Rule 86. Sec. 852 [1929]. Torralba Viuda de Santos.450 (2) Deficiency judgment cannot be rendered against a non-resident defendant. note 447. Writ of Possession in Judicial Foreclosure After the foreclosure sale is confirmed. 52 Phil. the deficiency may be filed as a claim against his estate.

1988. Civil Code. the order of accounting may in the meantime be executed. There can be no partition again because there is no more common property. S/he should file an accion reivindicatoria which is prescriptible. Forcible Entry and Unlawful Detainer 1. September 2. June 18. No. Court of Appeals. 313 SCRA 504.1 When there was a prior partition. No. The order may also require an accounting of rents and profits recovered by the defendant. Nature of Accion Interdictal It is: (1) a special civil action involving a realty. 1999. then the parties may partition the common property in the way they want. If they cannot agree. R. 2.2 Second Stage – The actual partitioning of the subject property This is also a complete proceeding and the order or decision is appealable.459 9.455 1. 231 SCRA 773. then partition is no longer a proper remedy of the aggrieved co-owner. . 119730. This order of partition is appealable. 1976. April 25. 165 SCRA 118. G. Court of Appeals. Roque v. October 26. De Mesa v. 59 Crucillo v. 494.457 3.This involves a determination of whether the subject property is owned in common and whether all the co-owners are made parties in the case. Intermediate Appellate Court. L-75886. the fact that the share of each co-heir has not been technically described and the title over the whole lot remains uncancelled does not negate such partition. No. No.456 However. 65416. then the case goes into the second stage. 1994. August 30. 109387. Noceda v. R.458 3. G. However. No. 71 SCRA 295.454 If not appealed. if a co-owner repudiates the co-ownership and makes known such repudiation to the other co-owners. R. 317 SCRA 351. Art. L-33007. G. Prescription of Action Action for partition is unprescriptible for as long as the co-owners expressly or impliedly recognize the coownership. Some Decisions 3. 4 4 4 4 4 4 54 55 56 57 58 Miranda v. Intermediate Appellate Court.2 Oral partition of land when the same is fully consummated is valid and binding upon the parties thereto. Court of Appeals. 1999.

G. 63 Kaw v. and (3) during the pendency of the appeal. 62 Dy v.. 2.466 4 4 4 4 4 4 4 Abrin v.465 3. 19. 20. the defendant should: (1) perfect his appeal in due time.464 But upon motion of the plaintiff within ten (10) days from the perfection of the appeal to the Regional Trial Court. M. Felongco v. 1983. June 28. (2) files a sufficient supersedeas bond. 203 SCRA 420. No. as determined by the judgment of the Municipal Trial Court on or before the tenth (10th) day of each succeeding month. if any. 121 SCRA 794.463 To stay execution. No. 1993. M.1 A covenant to renew a lease contract which makes no provision as to the renewal or extension implies an extension or renewal upon the same terms as provided in the original lease contract. RTJ-8650. MTJ-3-99-1199.461 There must be notice of the judgment462 and a motion with notice to the adverse party. But the judge should not order immediate execution in his decision. July 6. 65 Ibid. Campos. 64 Rules of Court. (4) nature of the action is determined by the allegation of the complaint and the character of the relief sought. No. G. 93756. G. 52740. April 28. 2000. M. 60 61 . A. Court of Appeals. Dictado. Sec. March 22.(2) subject to the Rules on Summary Procedure. A. s/he deposits with the appellate court the amount of rent due from time to time under the contract. Siapno. Javellana. Rule 70. R. Anunciacion. L-55187. (3) under the original exclusive jurisdiction of first level courts. 1991. A. R. Immediate Execution and How to Stay It A decision ejecting the defendant in a forcible entry or unlawful detainer case is immediately executory. 223 SCRA 696. 195 SCRA 585. November 12. approved by the Municipal Trial Court. Sec. No. the court may still issue a preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant’s appeal is frivolous or dilatory. or that the appeal of the plaintiff is prima facie meritorious. MTJ-93-811. 1991. 66 Ledesma v. Lu v. R.460 and (5) one co-owner may institute the action. 242 SCRA 1. No. No. Important Decisional Rules on Unlawful Detainer 3.

R. 71 Rules of Court. 7. but the lawful possessor did not attempt to oust the intruder for over one (1) year. No. 121510. 1990. No.469 If there is a prima facie showing of tenancy. 118284 July 5. G. 1992. 74 Refugia v. plaintiff should give two (2) demands: (1) demand to pay rental or comply with conditions of the lease and if this is not complied with. 73 Muñoz v.7 When failure to pay rent or comply with the condition of lease is the ground for ejectment. 154 SCRA 720. Sec. No. February 24. October 21. Cañiza v. and only thereafter filed forcible entry suit following demand to vacate. 83982. R.3. 1995. September 23. No. the court should dismiss the case for lack of jurisdiction (jurisdiction belongs to the DARAB). No. 2 SCRA 247. Aquino.477 Demand to pay or comply makes lessee a deforciant while demand to pay and vacate is a 4 4 4 4 4 4 4 4 4 4 4 Vda. L-27897-98. Reyes v. Court of Appeals.G. Padios. 72 Dakudao v.472 This rule as to tolerance does not hold true in a case where there was forcible entry at the start. 52 O.2 An action for ejectment is not abated by the death of the defendant. 181 SCRA 67. de Salazar v. 1983.474 3. January 12. No. (2) demand to vacate within fifteen (15) days in case of land or five (5) days in case of buildings from notice thereof. 2. Rule 70. G. Consolacion. R. 110427.467 The heirs become the substitute defendants. 3592 (July 16.3 Where there is a defense of tenancy. May 30.468 3. G. 1997. 102693. Rule 131. 1961. No. Court of Appeals G. 258 SCRA 378. 70 Baranda v. 3 (b).4 The lessee is not permitted to deny the lessor's title. 1996. failing which an action for unlawful detainer may be instituted against him. No. 77 Zobel v.5 A person who occupies the land of another at the latter's tolerance or permission. No. Bayog v.471 3. 122 SCRA 877. No. Sec.470 3. L-15755.6 Demand upon a tenant may be oral. 214 SCRA 216. Natino. it must be done by serving upon him notice of such demand or by posting such notice on the premises if no person be found thereon.476 3.R. 69 Ignacio v. Villaflor. R. 1996. 42 SCRA 89. June 24. July 5. No. 76 Rules of Court. 67 68 . L-54753. 1971. G.473 Elsewise stated. 268 SCRA 640. 1956). Court of Appeals. the tolerance must be presented right from the start of possession sought to be recovered to categorize a cause of action as one of unlawful detainer. November 23. The two (2) demands may be embodied in one (1) letter.475 If demand is made upon the person found on the premises. without any contract between them is necessarily bound by an implied promise that he will vacate upon demand. G. 258 SCRA 211. 118691. Court of Appeals. October 29. L-61371. Abreu. 75 Jakihaca v. 1987. there must be a preliminary hearing on the question of tenancy relations. R. Court of First Instance of Bulacan. 250 SCRA 305.

1976.479 The notice provision is the one given after the expiration of the lease period for the purpose of aborting an implied renewal of the lease. the period is fixed which is from month to month. It is defined as a disobedience to the court by setting up an opposition to its authority. 116 SCRA 199.478 Notice and demand to vacate is. 208 SCRA 692. 233 SCRA 744. 1983. It signifies not only a willful disregard or disobedience to the court’s order but such conduct as tends to bring the authority of the court and the administration of law into 4 4 4 4 4 4 4 4 Co Tiamco v. 83 Velez v. G. L-106573 March 27. 72 SCRA 131. No. G. Court of Appeals. Militante. 1992. Court of Appeals. R. 225 SCRA 607. No. August 24. 1982. No. R. 50335. When the lessor gave the lessee a demand to vacate at the end of the month and he fails to do so. Jr. then under Article 1687 (Civil Code). L-23634.481 3.484 Consignation must be where Sec. 1984.10 When there is no definite period for a lease but rental is paid from month to month. L-58961. 1995. R.9 An alternative demand to either renew the expired lease contract at a higher rental rate or vacate is not a definite demand to vacate and therefore. 1994. July 7. or prejudice parties litigant or their witnesses during litigation.480 3. 1989. 75 Phil. 672 [1946). 82 Crisostomo v. Rivera v. Demand is necessary only when the ground for ejectment is failure to pay rent or comply with the conditions of the lease. R. justice or dignity of the court. Soco v. There must be consignation. 81 Penas. Bautista. 85 Medina v. 1989. such conduct as tends to bring the authority and administration of the law into disrespect of. Court of Appeals. however. February 20. Contempt Contempt of court is a defiance of the authority. Gamboa’s Incorporated v. Uy v. Cruz. August 7. 78538. Avelino. No. 127 SCRA 602. justice and dignity. v. L-43427 August 30. L-48448. Court of Appeals. an action for unlawful detainer may be filed against him. July 29.8 When the lease has expired.483 Acceptance of back rentals after demand to vacate does not legitimize possession. No. October 25. supra. 178 SCRA 671. Florendo. 60 SCRA 57. Diaz.482 3. note 351. G.11 Refusal to collect or accept rentals is not a defense. The lessor can immediately file an action for ejectment. 5(b) provides either in court or in bank. to interfere with. G. 176 SCRA 65. and prevent an implied renewal of the lease. 78 79 .requirement for filing the action for unlawful detainer. required on a lease on a month-to-month period to render effective the termination of the lease upon the expiration of the month. 80 Chua v. Yap v. No. there is no need of prior demand to vacate. R. G. 89307. June 28. 84 Cursino v. No. No. May 8. Court of Appeals. G. No. R. Court of Appeals. 104615. 123 SCRA 160. in the name of and with notice to the lessor and not elsewhere. 1993.485 10. 3. No. 112734. insufficient basis for the filing of an action for unlawful detainer.

Two (2) Aspects of Contempt 2. L-24864.487 2. where an arrest and the subsequent detention of petitioner for her failure to appear at a hearing set by the trial judge is based on the commission of an indirect contempt.R.1 Civil Contempt is the failure to do something ordered to be done by a court or a judge for the benefit of the opposing party therein. Without that hearing. 90 Crucillo v. 65416.disrepute or in some manner to impede the due administration of justice. Section 3 of the Revised Rules of Court. Navarro. Minute Resolution.2 Criminal Contempt is conduct directed against the authority and dignity of a court or of a judge. as in unlawfully assailing or discrediting the authority and dignity of a court or a judge or in doing a forbidden act. March 29. April 30. 1985. 1995. 1999. Necessity of Hearing Previous hearing is required under Rule 71. A civil contempt proceeding is remedial and civil in nature. therefore. No. Court of Industrial Relations. Two (2) kinds of Contempt (Refer to the Table of Differences Between Direct and Indirect Contempt. 129521. G. 3. Recto. Nos. En Banc. 86 87 . 313 SCRA 739. 136 SCRA 112.491 Where a lawyer fails to obey a subpoena and likewise committed direct contempt for having disturbed the preliminary examination being conducted by the judge by repeatedly driving his jeep and honking its horn 4 4 4 4 4 4 Halili v. 59442.2 A writ of execution issued by a court after five (5) years from entry of final judgment is void and disobedience thereto does not constitute indirect contempt. Intermediate Appellate Court.1 The violation of a TRO issued by the SEC or any quasi-judicial tribunal is criminal contempt so that acquittal of the respondents is unappealable. October 26.489 3. punitive in nature.486 1. Godoy. G. No. People v. 115908-09. 88 Ibid. February 2. R.R. G. September 7.490 4. the order violated the rules and deprived the petitioner of her liberty without due process. 91 Bulado v. No. Decisions 3. No. G. 1999. 89 Yasay v. 1988. 243 SCRA 64.R. infra) 2.488 Note: A criminal contempt proceeding is in the nature of a criminal or quasi-criminal action and.

July 23. M. A bona fide misunderstanding of the terms of the order or of the procedural rules should not immediately cause the institution of contempt proceedings. November 19. R. 46729. Only occasionally should the court invoke its inherent power in order to retain the respect without which the administration of justice must falter or fail. what constitutes disobedience Only in cases of clear and contumacious refusal to obey should the power be exercised. September 30. Power to punish for contempt to be exercised in preservative not vindictive principle. R. L-61643. 115 SCRA 207. A. No.in the vicinity of the court session hall for which the lawyer was ordered arrested and confined in jail. Ayog v. No. 118 SCRA 492. Teodoro. 94 Desa Enterprises. 92 93 . The remedy against such person is either a civil or criminal action. 117 SCRA 321. 270 [1952]. No.493 However. 95 Villavicencio v. 124 SCRA 877. G. Delgado. Tiangco. Inc. 58 SCRA 58. No. to give the lawyer a chance to explain his failure to appear as a witness.494 6. Cusi. Such power being drastic and extraordinary in its nature xxx should not be resorted to xxx unless necessary in the interest of justice.495 TABLE 1 DIFFERENCES AMONG PROVISIONAL REMEDIES DEFINITION GROUNDS PURPOSE COURT WHICH 4 4 4 4 Gardones v. 1982. G. the judge should issue a separate order for such direct contempt. No.. Contempt by non-party Generally. R. Jr. v. 778 [1919]. G. July 20. 91 Phil. 39 Phil. 1974. L-45430. persons who are not parties in a proceeding may be declared guilty of contempt for willful violation of an order issued in a case if said persons are guilty of conspiracy with any one of the parties in violating the Court’s order. 'The power to punish for contempt of court should be exercised on the preservative and not on the vindictive principle. Sulit v. 1983. Gamboa v. R. Tutaan. and another order requiring the lawyer to show cause why he should not be punished for disobedience to its process. September 29. G. Lukban. Lipata v. 1982. Securities and Exchange Commission.492 5. no contempt is committed by one not a party to the case. 120-MJ. L35333. 1982..

CAN GRANT 1. factor. Metropolitan. the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching party against the adverse party a. or any part thereof. Regional Trial Court. other than moral and exemplary. or by any other person in a fiduciary capacity. c. or in the performance thereof. As security for the satisfaction of any judgment that may be recovered by the claimant Supreme Court. when the property. d. e. Municipal and Municipal Circuit Trial Courts b. Court of Appeals. In an action against a party who has removed or disposed of his property. Family Court. quasi-contract. broker. or is about to do so. agent or clerk. delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors. or an officer of a corporation. or an attorney. In an action to recover the possession of property unjustly or fraudulently taken. or for a willful violation of duty. contract. in the course of his employment as such. has been concealed. In an action against a party who has been guilty of fraud in contracting the debt or incurring the obligation upon which the action is brought. Preliminary Attachment (Rule 57) A provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the adverse party therein. on a cause of action arising from law. In an action for the recovery of a specified amount or damages. removed or disposed of to prevent its being found or taken by the applicant or an authorized person. with intent to defraud his . In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer. detained or converted.

continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant. threatening. requiring a party or a court. Court of Appeals. or is attempting to do. and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of. or in requiring the performance of an act or acts. Municipal and Municipal Circuit Trial Courts b. agency or a person to refrain from a particular act or acts. That a party. or on whom summons may be served by publication (Section 1) 2. court. Preliminary Injunction (Rule 58) An order granted at any stage of an action or proceeding prior to the judgment or final order. Regional Trial Court. Family Court. f.creditors. It may also require the performance of a particular act or acts. agency or a person is doing. In an action against a party who does not reside and is not found in the Philippines. or c. Metropolitan. or is procuring or suffering to be done. That the applicant is entitled to the relief demanded. either for a limited period or perpetually. some act or acts probably in violation of the rights of the applicant respecting the subject . That the commission. in which case it shall be known as a preliminary mandatory injunction (Section 1) a. To preserve the status quo or to resolve the last uncontested status quo Supreme Court.

Metropolitan.of the action or proceeding. and that such property or fund is in danger of being lost. Court of Appeals. and tending to render the judgment ineffectual (Section 3) 3. Family Court. When it appears in an action . Family Court. removed. Temporary Restraining Order (TRO) An order which may issue upon the filing of an application for preliminary injunction forbidding the defendant to do the threatened act until a hearing on the application can be had a. that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding. and To prevent grave injustice and irreparable injury to the applicant before the application for a writ of preliminary injunction can be acted upon To preserve the property during the pendency of the litigation or to dispose of it according to the judgment when it is finally rendered or otherwise to carry the judgment into effect Supreme Court. Municipal and Municipal Circuit Trial Courts b. Court of Appeals. and such other proof as the court may require. Matter is of extreme urgency. When it appears from the verified application. Regional Trial Court. Receivership Provisional remedy by which the court appoints a receiver as its representative and in behalf of all the parties to an action for the purpose of preserving and conserving the property in litigation and to prevent possible wastage or dissipation or otherwise to carry the judgment into effect a. or materially injured unless a receiver be appointed to administer and preserve it. Supreme Court. Metropolitan. Municipal and Municipal Circuit Trial Courts b. The applicant will suffer grave injustice and irreparable injury before the matter can be heard on notice 4. Regional Trial Court.

c. or otherwise to carry the judgment into effect. or to aid execution when the execution has been returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment. and that its value is probably insufficient to discharge the mortgage debt.by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured. After judgment. or to dispose of it according to the judgment. to preserve the property during the pendency of an appeal. . or that the parties have so stipulated in the contract of mortgage.

the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said court. . it appears that the appointment of a receiver is the most convenient and feasible means of preserving. During the pendency of an appeal.d. Whenever in other cases. administering or disposing of the property in litigation.

Municipal. Replevin Court orders the seizure of chattels or goods claimed by a party as his which are allegedly wrongfully taken or detained by another person and to be delivered to the former to be retained by him during the pendency of the action a. information .5. Metropolitan. or is entitled to the possession thereof. Family Court. and Municipal Circuit Trial Courts b. alleging the cause of detention thereof according to the best of his knowledge. Applicant is the owner of the property claimed. To prevent the subject property from being disposed of during the pendency of the case Regional Trial Court. particularly describing it. The property is wrongfully detained by the adverse party.

or otherwise placed under custodia legis. or seized under a writ of execution or preliminary attachment.and belief. or if so . The property has not been distrained or taken of a tax assessment or a fine pursuant to law. c.

The actual market value of the property. d. that it is exempt from such seizure or custody. 6. Support Pendente Lite Order issued by a court in which an action for support When equity and justice may require having due regard to the probable outcome of the case To answer the material needs of the applicant Family Court .seized.

has been filed fixing an amount of support to be given by the adverse party to the applicant during the pendency of the case and such other circumstances as may suggest the reasonability of granting support pendente lite during the pendency of the case TABLE 2 BASIC CHARACTERISTICS OF PROVISIONAL REMEDIES .

WHEN AVAILABLE 1. Preliminary Attachment At any stage of the action but before HOW GRANTED Ex-parte/or upon motion and hearing EFFECTIVI TY During the pendency of the case unless earlier discharged HOW DISSOLVED/DISCHARGE D By order of the court after notice and hearing on the ground that the preliminary attachment was improperly or .

entry of final judgme nt or quashed by the court irregularly issued or enforced or the bond is insufficient and when the adverse party makes a cash deposit or files a counterbond executed to the attaching party with the clerk of court where the application .

exclusive of cost 2.is made in an amount equal to that fixed by the court in the order of attachment. Preliminary Injunction At any stage of the action Upon motion and hearing During the pendency of the case unless By order of the court upon affidavit of the party enjoined or if it appears after hearing .

the issuance or continuance thereof would cause irreparable damage to the party or person enjoined while the .but before judgme nt or final order earlier discharged or quashed by the court that although the applicant is entitled to the injunction or restraining order.

Upon resolution by the court of the application for a writ of preliminary injunction .applicant can be fully compensated for such damages as he may suffer and the former files a counterbond 3. Temporary Restraining Order (TRO) During the penden cy of General Rule: Interpartes Not more than 20 days from service a.

Upon affidavit of the party enjoined or after hearing if it appears .the applicati on for a writ of prelimin ary injunctio n (Summary hearing) upon the person sought to be enjoined or the expiration of the 20-day period from service of the writ upon the party. whichever comes first. Exception: TRO granted by Judge for b.

would cause irreparable damage to the party enjoined while the applicant can be fully compensated . the issuance or continuance thereof.72 hours – Ex-parte that although the applicant is entitled to a TRO.

for such damage as he may suffer upon the applicant’s filing of a counterbond .

.4. If it is shown that the appointment of a receiver was obtained without sufficient cause. Receivership At any stage of the proceed ing and even after finality of judgme Inter-partes Until discharged by the court a. Filing by the adverse party of a counterbond. b.

if the court shall finally decide that the applicant was not entitled thereto To pay damages the 3. Preliminary attachment WHETHER REQUIRED Required AMOUNT UNDERTAKINGS UNDER THE COUNTERBOND To pay: Discretionary with the court but not exceeding the applicant’s claim 1. Preliminary injunction Required Discretionary with the court To pay all damages which the adverse party may sustain by reason of the injunction if the court shall finally decide that the applicant was not entitled thereto To pay all damages which the adverse party may sustain by reason of the injunction. The court motu proprio or on motion shall determine that the necessity of a receiver no longer exists TABLE 3 DIFFERENCES OF BONDS IN PROVISIONAL REMEDIES PROVISIONAL REMEDY 1. All damages which the adverse party may sustain by reason of the attachment if the court shall finally adjudge that the applicant was not entitled thereto 2. Receivership Required Discretionary with the .nt c. discretionary with the court 4. All costs which may be adjudged to the adverse party. Temporary Restraining Order (TRO) Required but the court may exempt When required. and 2.

court adverse party may sustain by reason of the appointment of a receiver in case the applicant shall have procured such appointment without sufficient cause a. Replevin Required Double the value of the property . For the return of the property or its value to the adverse party if such be 5.

The delivery of the property or its value to the plaintiff if so adjudged. Temporary Restraining Order (TRO) Yes. Preliminary injunction Yes Discretionary with the court 3. Replevin Yes Double the value of the property as stated in the plaintiff’s affidavit . Support pendente lite Not required Not applicable Not applicable TABLE 4 DIFFERENCES OF COUNTERBONDS IN PROVISIONAL REMEDIES PROVISIONAL REMEDY WHETHER IT MAY BE FILED AMOUNT UNDERTAKINGS UNDER THE COUNTERBOND Payment of any judgment that the attaching party may recover in the action Pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order Pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order 1. and 5. but if no bond is filed by the former.adjudged. If a bond was filed by the claimant. or other matters specified in the application or ground for such appointment a. then a counterbond may be filed by the adverse party. To pay to defendant such damages as he may recover from the applicant in the action 6. and b. what the adverse party can file is a bond Yes Discretionary with the court 4. omissions. Preliminary attachment Yes Equal to that fixed by the court in the order of attachment 2. Receivership Discretionary with the court To pay all damages which the applicant may suffer by reason of the acts.

From the Metropolitan. Alimony Pendente Lite No Not applicable Not applicable TABLE 5 DIFFERENCES AMONG THE THREE (3) MODES OF APPEAL ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY CERTIORARI By filing a petition for review on certiorari From the Regional Trial Court to the Supreme Court on a pure question of law. a decision of the Regional Trial Court rendered in the exercise of its original jurisdiction 1. a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction b. To pay such damages which the plaintiff may recover against the defendant 6. To whom appellate docket and other lawful fees should be paid 5. in which case the Metropolitan. From the Metropolitan. Payment of appellate docket and other lawful fees as a requirement of perfection of Matter of right Matter of appellate court’s discretion Clerk of Court of the Court of Appeals Matter of appellate court’s discretion Clerk of Court of the Supreme Court Clerk of Court whose decision is being appealed Not a requisite for perfection of appeal but a ground for dismissal if not paid on time A requirement for perfection of appeal A requirement for perfection of appeal to be paid to the Clerk of Court of the Appellate Court . Nature of appeal 4. Municipal and Municipal Circuit Trial Courts act as Regional Trial Courts 3. and from the Regional Trial Courts to the Court of Appeals in decisions of the Regional Trial Court rendered in the exercise of their respective original jurisdictions From the Regional Trial Court to the Court of Appeals. How appeal is initiated Ordinary appeal by notice of appeal or record on appeal By filing a petition for review 2. Municipal and Municipal Circuit Trial Courts to the Regional Trial Courts. Where to appeal a. Municipal and Municipal Circuit Trial Courts to the Court of Appeals for decisions rendered by the said courts in the exercise of their delegated jurisdiction.b.

Name of parties Appellant – party appealing Petitioner – party appealing Petitioner – party appealing Appellee – adverse party Respondent – adverse party Respondent – adverse party 7. Requirement of record on In special proceedings and other cases of multiple or Not required Not required .appeal 6.

memorandum Memoranda when required by the Court of Appeals Memorandum when required by the Supreme Court b. From the Regional Trial Court to the Court of Appeals. From the Metropolitan.appeal 8. Basic document to be filed in the appellate court separate appeals a. . Municipal and Municipal Circuit Trial Court to the Regional Trial Court.

upon approval of the record on appeal in due time Upon timely filing of a petition for review and payment of corresponding docket and other lawful fees Upon timely filing of the petition for review on certiorari and payment of docket and other lawful fees Upon the perfection 10. Perfection of appeal as to appellant Upon filing of the notice of appeal in due time or if record on appeal is required. In appeal by notice of Upon the perfection of the . When court a.briefs 9.

In appeal by record on appeal – upon approval of the records on appeal filed in due time and the expiration of its time to appeal of the other parties .whose decision is being appealed loses jurisdiction appeal – upon perfection of the appeal filed in due time and the expiration of the time to appeal of the other parties appeals filed in due time and the expiration of the time to appeal by the other parties of the appeals filed in due time and the expiration of the time to appeal by the other parties b.

Act sought to be controlled 3. Purpose of the writ To annul or modify an act performed by respondent PROHIBITION To prevent commission or carrying out the act MANDAMUS Compel the performance or act desired Legal duty 2. question of fact and law Only question of law Petitioner – party appealing Petitioner – party appealing Appellee – adverse party Respondent – adverse party Respondent – adverse party TABLE 6 DIFFERENCES BETWEEN CERTIORARI. question of law and question of fact and law Appellant – party appealing Question of fact. Respondent Judicial or quasi-judicial functions Persons exercising judicial or quasi-judicial functions Judicial. How parties are referred to Question of fact. PROHIBITION AND MANDAMUS CERTIORARI 1. quasi-judicial or ministerial functions Persons exercising judicial. Nature of the remedy Corrective remedy and refers to acts already consummated Directory remedy commanding a person to do a legal duty TABLE 7 DIFFERENCES BETWEEN PROHIBITION AND INJUNCTION PROHIBITION INJUNCTION . As to questions which may be raised 12. question of law.11. quasi-judicial and ministerial functions Preventive remedy and refers to acts still to be done Persons having legal duty 4.

Nature of the remedy Always a main action with preliminary injunction as a provisional remedy TABLE 8 DIFFERENCES BETWEEN FORCIBLE ENTRY AND UNLAWFUL DETAINER FORCIBLE ENTRY 1. Demand to vacate 3. From what point is the one (1) year period to file action counted Unlawful from the beginning UNLAWFUL DETAINER Initially lawful. Proof of prior possession 4. Respondent Generally a court. Court’s jurisdiction 3. then it becomes unlawful No need Plaintiff must prove it From forcible entry There is a need Not necessary for plaintiff to prove it From demand to vacate . tribunal or person exercising judicial or ministerial functions Lack or excess of jurisdiction may be a ground Generally against a party in an action for injunction Jurisdiction of the court is not questioned Can be a main action with preliminary injunction as a provisional remedy 2. Nature of defendant’s possession 2.1.

Administrator: An administrator is the person entrusted with the care.3 6. Rule 78. Art.1 The court issues letters of administration to a person after s/he qualifies in the sound discretion 1 2 3 4 5 6 Rules of Court. 3. Civil Code. Probate is mandatory. legatees and devisees. the court is also called a probate court.SPECIAL PROCEEDINGS 1. Devise: A devise is a bequest of real property in a will to a person called the devisee. custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs. Executor: An executor is the person named in the will who is entrusted to implement its provisions. 4. 3 (c). Rule 1. Testate Estate: Testate estate refers to an estate of a deceased person which is settled or to be settled with the last will and testament of that deceased person called the testator. Hence. Civil Code. No will passes property unless it is probated by a court. It is in rem. Reprobate: Reprobate is a special proceeding to establish the validity of a will proved in a foreign country. a right. Special proceeding: A special proceeding is a remedy by which a party seeks to establish a status. Ibid. Probate: Probate is a special proceeding to establish the validity of a will. 775. Ibid . . Definition of terms: 1. The estate is settled by the laws of intestacy provided in the Civil Code. 2. par. But the executor needs to be issued letters testamentary after the court determines his or her qualifications. or a particular fact. Legacy: A legacy is a bequest of personal property in a will to a person called the legatee.4 7.1 2. if any.2 5. Intestate Estate: Intestate estate refers to the estate of a deceased person without a will. INTRODUCTION 1. A female executor is called executrix. Rules of Court. Art. 782.6 9. A female administrator is called administratrix.5 9. But a probate court also includes a court that presides over probate proceedings which can generally refer to the settlement of the estate of a deceased person with or without a will. 8. Sec.

14. Prasnik v. . and is exempt from execution.of the court. is the reversion of property to the State when the title thereto fails from defect of an heir. 10. 2 Phil. Wolfe. 12. Habeas corpus: The Latin term habeas corpus which literally means 'you have the body. As generally understood. it is a writ directed to the person detaining another. Paynaga v. and may be ordered by the court if proper and reasonable cause exists to justify it. Family Home: The Family Home is the dwelling house where a husband and wife. 13. a trust is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property. the court can issue letters of administration with the will annexed. this is the nearest equivalent of the concept of trust in the common-law jurisdiction. forced sale or attachment except as provided by law and to the extent of the value allowed by law. as provided in Rule 98. 146 [1903]. 665 [1956]. submit to. Guardians: A guardianship is a trust relation in which one person acts for another whom the law regards as incapable of managing his own affairs. Arts. 11.7 15. Civil Code. 863 of the Civil Code. Fideicommissary substitution: Fideicommissary substitution takes place where the testator designates a person as an heir charging him to deliver to another the whole or part of the inheritance under circumstances provided in Art. of ancient common-law origin. Escheat: Escheat. a term of French or Norman derivation meaning chance or accident. and the land on which it is situated. Trustee: A trustee is a person appointed by a court to carry out the provisions of a will. Change of Name: Change of name is a judicial proceeding in rem. In the civil-law jurisdiction. commanding him to produce the body of the prisoner at a designated time and place. 781 of the Spanish Civil Code. Adoption: Adoption is a juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.8 16. the great object of which is the liberalization of those who may be imprisoned without sufficient cause. Basically. Republic 98 Phil.' is a high prerogative writ.2 It is possible that a will can be probated without a testator or with a testator who is disqualified to enter upon the trust. or an unmarried head of a family resides. 9. to do. 17.9 7 8 9 . Hence. formerly Art. and receive whatsoever the court or judge awarding the writ shall consider in that behalf. The beneficiary of the trust is known as the cestui que trust or the cestui que trustent (the plural form). 152 and 153. requiring publication. with the day and cause of his capture and detention. which is now deemed constituted from the time it is occupied as a family residence. The person who acts is called the guardian and the incompetent is called the ward. It is the falling of a decedent's estate into the general property of the State.

L-18799.11 2. is already extinct going by the Family Code which does not require a judicial constitution of the Family Home. as first provided in the Interim Rules of Court. subpoena. 132524. Guardianship and custody of children (Rules 92-97). Rule 72. where a number of appeals may be taken separately or simultaneously by different parties for different purposes. . Absentees: An absentee is a person whose whereabouts and existence are not known in the sense of the law allowing a subsequent marriage and for purposes of administration of the estate of the absentee and of succession. R. the rules provided for in ordinary actions shall be. motion for new trial. Rules of Court. Sec. applicable in special proceedings. No. 2 Fernandez v. which provides for the judicial constitution of a Family Home. Suntay v. 10 SCRA 589. 2. Art.13 2. The procedure of appeal is generally the same in civil actions as in special proceedings. Maravilla. 1998. Rule 1. civil or criminal. is applicable in special proceedings. events and judicial decrees concerning the civil status of persons are entered. Rules That Govern Special Proceedings 1. Court of Appeals. are the same in civil actions and in special proceedings. December 29. 1 1 1 1 1 0 1 2 3 4 Civil Code. L-26751. Settlement of estate of deceased persons (Rules 73 to 90). 3. 3. motions and other papers. computation of time. January 3. 407. A record on appeal is necessary in order not to prejudice the proceedings that will have to continue and that may have to stop or be suspended if the entire record of the proceedings is elevated. No. G. March 31.1 Rules regarding the preparation. Multiple Appeals: Multiple appeals are appeals in special proceedings.14 3. In the absence of special provisions. Provisions regarding the omnibus motion rule. 19. 1964. 2. and special proceedings.Note: Rule 106. Sec.10 20. The Special Proceedings Provided In The Rules Of Court 1. as far as practicable. Civil Registry: The civil registry is the public record where acts. and trial before commissioners also apply in special proceedings. The 1997 Rules of Civil Procedure shall govern the procedure to be observed in actions. Escheat (Rule 91). discovery. 26 SCRA 768. by virtue of which the defendant does not lose the right to offer evidence in the event that his motion is denied. 1969. No. filing and service of applications. 300 SCRA 760 Rules of Court.2 The rule on demurrer to evidence in civil cases. . Matute v. 18.12 2. Cojuangco-Suntay.

Act No. 8. Change of name (Rule 103). should be filed with the Securities and Exchange Commission and governed by specific rules. 5. Adoption (Rule 99). 11. 7. Habeas corpus (Rule 102). rendered inexistent by the Family Code which provides for an automatic constitution of the family home. Rescission and revocation of adoption (Rule 100). Special Proceedings Under Various Laws 1.1 Petitions on foster care and temporary custody 2. 9. Cancellation or correction of entries in the civil registry (Rule 108). 10. 12. 6. 8369) 2. and 14. Summary Proceedings under the Family Code 2. Actions mentioned in the Family Courts Act of 1997 (Rep. 13. Hospitalization of insane persons (Rule 101). D. Judicial approval of voluntary recognition of minor natural children (Rule 105). Declaration of absence and death (Rule 107). Family Code 2.4.2 Declaration of nullity of marriage under Article 36. 902-A. Constitution of the Family Home (Rule 106).3 Cases of domestic violence against women and children (special provisional remedies and temporary custody of children and support pendente lite) . Trustees (Rule 98). Voluntary dissolution of corporations (Rule 104) which under Presidential Decree No.

3 Suspension. 6. or restoration of parental authority and other cases cognizable under . Decree No. 3. Summary judicial proceedings brought under the provisions of Executive Order No. that if the minor is found guilty. or where one or more of the victims is a minor at the time of the commission of the offense. dependent or neglected children 3. petitions for voluntary or involuntary commitment of children. Inter-country adoption under Republic Act No. the Child Abuse Act (Rep. Jurisdiction of Family Courts The newly constituted Family Courts shall have exclusive original jurisdiction over the following cases: 1. Act No.2 Voluntary or involuntary commitment of children 3. 603. Proceedings under the Child and Youth Welfare Code (Pres. dependent or neglected children.' 2. 1083). otherwise known as the 'Family Code of the Philippines. The sentence. the suspension. or restoration of parental authority 4.' 7. habeas corpus in relation to the latter. 4. Act No. Petitions for adoption of children and the revocation thereof. otherwise known as the 'Child and Youth Welfare Code. declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements and petitions for dissolution of conjugal partnership of gains. termination. custody of children. Complaints for annulment of marriage. Provided. Petitions for guardianship. 8043 5. the court shall promulgate the sentence and ascertain any civil liability which the accused may have incurred. however.3. Petitions for declaration of status of children as abandoned. shall be suspended without need of application pursuant to Presidential Decree No. 7610) and the Child Employment Act (Rep. Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age. Petitions for support and/or acknowledgment. termination. 209. 7658) 3.1 Declaration of status as abandoned. 5.

integrity and freedom of movement. 2. sexual or psychological harm or suffering to women. Cases against minors cognizable under the Dangerous Drugs Act.which are acts of gender-based violence that result. 56. (Series of 1986). neglect. . exploitation. and 11. 1. Cases of domestic violence against: 11. said incident shall be determined in that court. Petitions for the constitution of the family home (Note: This is no longer necessary). or are likely to result in physical. If an act constitutes a criminal offense. then the settlement shall be in the court of any place in which he had estate. In General 1.1 Women --. Jurisdiction and Venue 1. the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. cruelty. and other related laws. otherwise known as the 'Special Protection of Children Against Child Abuse. as amended. SETTLEMENT OF ESTATE OF DECEASED PERSONS 1. 7658.2 If the deceased is an inhabitant of a foreign country.1 The settlement of the estate of deceased persons shall be in the court of the place of residence of the deceased at the time of his death. and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood. If any question involving any of the above matters should arise as an incident to any case pending in the regular courts. whether he is a citizen or an alien.2 Children --.Presidential Decree No.which include the commission of all forms of abuse. and discrimination and all other conditions prejudicial to their development. Violations of Republic Act No. 603. 10.' as amended by Republic Act No. Executive Order No. 8. violence. 7610. 9. Exploitation and Discrimination Act. and 11.

Art. P. No. L-24742. November 29. Kinds of settlement On the basis of the form of settlement. so far as it depends on the place of residence of the decedent. Act No. 44888.6 The liquidation of the conjugal or community property of a deceased husband or wife shall be made in his or her estate proceedings. 1. 1973. No. 1 1 1 1 1 B. After another five years. Sec.000 outside Metro Manila where the amount will become Php 400. 143. 53 SCRA 360. Rules of Court which substantially contains the foregoing rules still remain unamended after the passage of Batas Blg. 5 6 2 2 1 2 Rules of Court. or of the location of his estate. Sec. and Municipal Circuit Trial Courts.000 outside or in Metro Manila. Secs 19 (4) and 33 (1). except in an appeal from that court. 8 Rules of Court. 20 Pilipinas Shell Petroleum Corporation v. shall not be contested in a suit or proceeding. Court of Appeals. . in the original case. February 7. Said Sec. Rep. 74 SCRA 189.21 1.000.Note: Sec. Court of Appeals. 5. R.7 Shari'a Courts have exclusive original jurisdiction in matters of settlement of the estate of deceased Muslims.000 but this was increased to Php 200. last sentence. Rule 73.17 1. or when the want of jurisdiction appears on the record. Blg. there are three kinds: 2. 7 Garcia Fule v.4 Important rule The jurisdiction assumed by a court. where the value of the estate does not exceed Php 200. the jurisdiction over settlement proceedings is not limited to Regional Trial Courts but include Metropolitan Trial Courts. 1992. 7651. the jurisdictional amount will be Php 300.000. as amended. Municipal Trial Courts. October 26. G.'20 1.000. then in the estate proceeding of either. Sec. Php 200.15 Outside Metro Manila. but if both spouses are deceased.19 1. Presidential Decree No.18 This is to preclude different courts from assuming jurisdiction.22 2. 129. 1 still speaks of 'Court of First Instance. the amount was at first fixed at Php 100. No.3 The jurisdiction of a probate court is determined by the place of residence of the deceased person or of the location of his estate. Rule 73. 1083. 1976.16 1. 129. 1. 206 SCRA 40. 2.' But under Batas Blg. L-40502. Dumlao. but the matter really constitutes venue. 129. Rule 73.5 The term 'resides' refers to 'actual residence' as distinguished from 'legal residence' or domicile. 9 Cuenco v.1 Extrajudicial settlement.' instead of 'Regional Trial Court' and 'province' which in other parts of the Rules had been changed to 'place.

Sec.3 The fact of settlement is published in a newspaper of general circulation once a week for three (3) consecutive weeks.A public instrument is executed by all the heirs to be filed with the Registry of Deeds.1. Rule 74.2.1 The decedent left no will and no debts.2. 3.2 The extrajudicial settlement may follow any one of three (3) ways: 3. 6 Rules of Court. Sec.3 Judicial settlement through letters testamentary or letters of administration with or without the will annexed.1 Public instrument.2 Action for Partition. 3 4 . 5 Ibid.1. 3..23 3.1 The following requisites must be present or followed: 3..2.2 A bond equivalent to the value of the personal property of the estate is posted with the Register of Deeds. Note: No extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof. and 2. Extrajudicial settlement An extrajudicial settlement may be made by the heirs of a deceased person without having to secure letters of administration.25 3. Ibid.26 3. Rule 74. Note: It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.If the heirs cannot agree on the division of the estate.1. an 2 2 2 2 Rules of Court.2 Summary settlement of estates of small value.24 3. 1. Note: The value must be certified to under oath by the parties concerned and the bond must be conditioned upon the payment of any just claim that may be filed. 1.

A. 33[1]. 2. 9 Rules of Court. without the appointment of an executor or administrator. Sec. if any there be. 4. allowance of the will. shall be entitled to receive their share of the estate. 2 2 2 Ibid. 4. Sec. if proper. Summary settlement of estates of small value 4.3 The hearing on the petition shall be held not less than one (1) month nor more than three (3) months from the date of the last publication of the notice.3 Minor heirs If there are minor heirs. determine the persons legally entitled to participate in the estate. they may be represented by their "judicial or legal representatives duly authorized for the purpose. Notice shall also be given to all interested persons as the court may direct. and without delay."28 4.. No.000 for both Metro Manila and outside Metro Manila (B. Rule 74 but a Metropolitan or Municipal Court because the value of the property does not exceed Php 200. if they are of age and with legal capacity.ordinary action for partition may be filed.5 After hearing.27 3.2 The petition may be filed by an interested person which should make such value appear to the court. or by their guardians and trustees legally appointed and qualified. and apportion and divide it among them after payment of the debts of the estate. 5.4 The notice shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. Ibid.If there is only one heir.P.00. 4. 4. Sec.6 Those who are entitled to the estate. which affidavit shall be filed with the register of deeds. Rule 74. 30 No longer the Court of First Instance as provided in Sec. the court having jurisdiction.3 Affidavit of self-adjudication.). 7691. R.1 When the gross value of the estate of a deceased person does not exceed Php 10. then the heir may execute an affidavit adjudicating to himself or herself the entire estate. 2. 129. Blg.000.2. 4. 7 8 . 3. 30 may proceed summarily to settle the estate. the court may grant.7 The court may issue an order respecting the costs of the proceedings. 4. 29 upon a proper petition.

and attested and subscribed by three (3) or more credible witnesses in the presence of the testator and of one another. must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence. 7691. if it involves real estate.4. and the fact that the testator signed the will and every page thereof. Art.35 3 3 3 3 3 Civil Code. 4 Ibid. Rule 74 but a Metropolitan or Municipal Court because the value of the property does not exceed Php 200. No longer the Court of First Instance as provided in Sec. first paragraph. 33[1].1 It may be a notarial will with certain important requisites. third paragraph.).32 1. 2. to take effect after his death.3 The attestation shall state the number of pages used upon which the will is written.000 for both Metro Manila and outside Metro Manila (B. 31 It is otherwise called a 'last will and testament.2 Every will.1 Every will must be in writing and executed in a language or dialect known to the testator.34 1.1. and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. 3 Ibid. 5 Ibid. 129.A. Art. Blg.1. other than a holographic will. Probate of Wills 1. Art.8 All orders and judgments shall be recorded in the office of the clerk. Sec. 805. in the presence of the instrumental witnesses. explained A will is an act whereby a person is permitted with all the formalities prescribed by law to control to a certain degree the disposition of his estate. Civil Code. 5. Art. and the order of partition or award.33 1.4 Every will must be acknowledged before a notary public by the testator and the witnesses.1. 804. 805. Judicial settlement with letters testamentary or with letters of administration Settlement shall otherwise be in court in special proceedings through a full-blown procedure with either a testator or an executor managing the estate of the deceased until partition and distribution after the payment of debts. No. Art. 2. 806. legacies and devises. Sec. or caused some other person to write his name. under his express direction.1. Will. 1.' 1. shall be recorded in the proper register's office.P. and by his express direction. 1 2 . R. 5. 783.

1. 2.2 At least one witness should testify that the will and the signature thereon are in the handwriting of the testator.41 2.1 Reglementary periods 2.1. 1 .38 1.2.2. 11.1.37 1. Sec. Rules of Court. 9 Ibid. if the court deems it necessary.2 Penalties 2. he shall signify to the court in writing whether he accepts or refuses the trust. Rule 76. 5.00. 2 Ibid.2.2.5 If the will is not contested. 3. 3. 8 Civil Code. Sec.1 The contents of a petition for the allowance of a will are: 3 3 3 3 4 4 4 Rules of Court. second paragraph. Within the same period. 6 7 . Rule 76. Ibid. Art. all subscribing witnesses and the notary must testify.2 On the other hand. only one (1) subscribing witness needs to testify.39 If the holographic will is contested. dated and signed by him.1. and needs no witnesses. Sec. 0 Rules of Court. when he is ordered to do so. shall be fined not exceeding Php 2. Rule 75.2 It may be a holographic will if it is in the handwriting of the testator.1 A person who neglects to comply with the foregoing two provisions. Time to submit to the court 2. 36 if the will is contested. may be made in or out of the Philippines. the executor has twenty (20) days from knowledge of the death of the testator or knowledge of the fact that he is named executor to submit the will to the court unless the will has reached the court already. may be committed to prison until he delivers the will. Sec.1 It is subject to no other form. expert testimony may be resorted to. Ibid. but it must be entirely written.42 2. 11. the custodian of a will shall deliver it to the court having jurisdiction or to the executor named in the will. Rule 76.000. 1. 5.2 The custodian who refuses to comply with the order of the court to deliver the will. Procedure In The Probate of A Will 3.1 Within twenty (20) days from knowledge of the death of the testator. 810. 2. Article 811. Sec.40 2. without excuse satisfactory to the court. at least three (3) witnesses who know the handwriting of the testator must testify but in the absence of any competent witness. Sec.

Note: But no defect in the petition shall render void the allowance of the will.2 The names.1. Sec.45 3.4.46 Note: Where the petition for probate has been filed by the testator himself. 3.3.1 The jurisdictional facts. L-23445. 3. Rule 76. R. 1966. June 23. 3. Sec. 3. and devisees of the testator or decedent. and executors should be notified by mail or personally. Rules of Court. Sec. legatees. No. Sec. Rule 76. 4 4 4 4 4 4 .2 Time for proving the will The court shall fix a time and place for proving the will when all concerned may appear to contest the allowance thereof. devisees.44 Note: However.3 The probable value and character of the property of the estate. 3. the name of the person having custody of it. 4.5 If the will has not been delivered to the court. Rule 76. the court need not go through the probate of a will that preterited a compulsory heir since preterition invalidates the will. 5 Nuguid v.43 3. 2. 7 Ibid. 17 SCRA 449 6 Rules of Court.4 Persons entitled to notice483.3 Publication of notice The court shall cause notice of such time and place to be published three (3) weeks successively.1 Heirs. no newspaper publication shall be made. Nuguid. and residences of the heirs. or the issuance of letters testamentary or of administration with the will annexed.1.4 The name of the person for whom letters are prayed. previous to the time appointed.1. Rules of Court. ages. 3 4 .1. in a newspaper of general circulation in the province. legatees. Rule 76. 8 Rules of Court. 3.1. G.47 3.

3 Personal service of copies of the notice at least ten (10) days before the day of hearing shall be equivalent to mailing.4 If the testator asks for the allowance of his own will. 3. Sec. direct a deposition to be taken. 2 Ibid.6 Lost or destroyed will50 No will shall be proved as a lost or destroyed will unless: 3. 5.4. on motion. 3.1 the execution and validity of the same be established. 3. Sec. 1 Rules of Court.4. Sec.8 Unavailable witnesses52 4 5 5 5 Ibid.6. Ibid. 6. the court may. and 3.6. 3. 3.5 Proof at hearing49 At the hearing. 9 0 . notice shall be sent only to his compulsory heirs. nor 3. compliance with the provisions on notice and its publication must be shown before the introduction of testimony in support of the will. Sec.3.4. and may authorize a photographic copy of the will to be made and to be presented to the witness on his examination.6. All testimony shall be taken under oath and reduced to writing. Rule 76.3 unless its provisions are clearly and distinctly proved by at least two (2) credible witnesses. or is shown to have been fraudulently or accidentally destroyed during the lifetime of the testator without his knowledge. if the places of residence be known. 7.7 Deposition51 If none of the subscribing witnesses resides in the province.2 the will is proved to have been in existence at the time of the death of the testator. 8. 3.2 The mail should be deposited in the post office with the postage thereon prepaid at least twenty (20) days before the hearing.

10. and proof of the handwriting of the testator and of the subscribing witnesses. 9. the due execution of the will.10 Grounds for disallowing a will54 The will shall be disallowed in any of the following cases: 3.2 If the testator was insane. 3. Sec.1 If not executed and attested as required by law. 1.1 The petition may be opposed and a petition may at the same time be filed for letters of administration with the will annexed. 3 4 . 3. Rules 78 and 79.3 If it was executed under duress.4 If it was procured by undue and improper pressure and influence.10. or of some other person for his benefit. 5 Rules of Court.10.9 Contesting a will53 Anyone appearing to contest the will must state in writing his grounds for opposing its allowance. 6 Ibid.If the subscribing witnesses are dead or insane. and serve a copy thereof on the petitioner and other parties interested in the estate. 1. 3. on the part of the beneficiary. the court may admit the testimony of other witnesses to prove the sanity of the testator. and he did not intend that the instrument should be his will at the time of fixing his signature thereto.10.5 If the signature of the testator was procured by fraud or trick.10. or of any of them. Ibid. 3. or the influence of fear. or none of them resides in the Philippines. 10. Rule 79. 3. 3. as previously discussed or letters of administration. Sec. Sec. or otherwise mentally incapable to make a will. at the time of its execution. 3. Requirements For The Issuance Of Letters Testamentary And Of Letters Of Administration55 Probate proceedings may be opened by a petition for the allowance of a will and the issuance of letters testamentary.56 5 5 5 5 Ibid. Executors and Administrators 1. or threats.

in default of the foregoing or if the surviving spouse or next of kin neglects for thirty (30) days after the death of the 5 5 5 6 6 Rules of Court. or next of kin. and the names and residences of the creditors. 9 Ibid. Sec. Rule 78. 1. then an administrator is appointed. 5.2. 7 8 . It is clear that an executor is one who is named in a will.1 The jurisdictional facts.58 2.4 The name of the person for whom letters of administration are prayed. if competent and willing to serve. ages. Ibid. accepts the trust. and gives bond as required by the rules. Rule 79. the court shall issue letters testamentary thereon to the person named as executor therein. accept and give bond. and 1.2. Note: But no defect in the petition shall render void the issuance of letters of administration. 1. and (c) in the opinion of the court.1 After a will is proved and allowed.3 The probable value and character of the property of the estate. 6. (b) not a resident of the Philippines.2 The contents of a petition for letters of administration are: 1. improvidence. unfit to execute the duties of the trust by reason of drunkenness. Appointment Of Administrators. or by reason of conviction of an offense involving moral turpitude.2 To one or more of the principal creditors.1 To the surviving spouse. of the decedent.1. Sec. 3. or to such person as such surviving spouse or next of kin. 4 0 Rules of Court. Section.3 No person is competent to serve as executor or administrator who is (a) a minor. Appointment of Executors (who may become executors)59 2. and residences of the heirs.60 3. 2. if competent and willing to serve. or want of understanding or integrity.2 The names.2. 1. If no executor named qualifies. Rule 78. 2. 1 Rules of Court. Sec. Rule 78. Letters testamentary may issue to such of them as are competent.2. or both.2 There may be several executors named in the will. if he is competent. Priorities61 Administration may be granted: 3. Sec.57 1. requests to be appointed.

v. 1999.3 Powers and duties The special administrator shall take possession and preserve the goods. There is no reason why the same fundamental and legal principles governing the choice of a regular administrator should not be taken into account in the appointment of a special administrator. 4. Fernandez v. Ozaeta v. Note: The court may disregard the preference above enumerated in its sound discretion and its decision will not be interfered with on appeal unless it appears that it is in error. 416 [1953].69 6 6 6 6 6 6 6 6 2 3 4 5 6 Silverio. Sec. Rule 80. Rules of Court. 304 SCRA 541. he can be sued. 8 Silverio. Sr. G. Ocejo v.1 While the qualifications of a special administrator are not spelled out in the rules. Ozaeta v. v. Pecson.62 4.65 4. There is no express prohibition. Sec. since the appointment is merely temporary. No. 2. note 13. However. 475 [1939]. Rule 80. He may sell only such perishable and other property as the court orders sold. No. the appointment should be within the sound discretion of the court and such discretion should not be a whimsical one. 1 SCRA 387. 3. March 11. 1961. . Court of Appeals. Pecson. 93 Phil. supra. 1. Maravilla.2 Only one special administrator at a time may be appointed.66 4." 63 The special administrator shall take possession and charge of the estate of the deceased until questions causing the delay are decided and executors or administrators appointed. L-15388. Appointment Of Special Administrators A special administrator may be appointed '(w)hen there is delay in granting letters testamentary or of administration by any cause including an appeal from the allowance or disallowance of a will. the court is not bound to follow the order of preference set up for the appointment of a general administrator. R. note 64. note 62.64 However.4 The court has no power to order a special administrator to sell real property of the estate pending resolution of the issue of the appointment of the regular administrator. supra.5 A special administrator does not have the power to close the estate because he normally does not pay the debts of the deceased.68 4. January 31. and estate of the deceased and for that purpose may commence and maintain suits as administrator. credits.deceased to file a petition for administration or the request that administration be granted to some other person. 67 Phil. 9 Anderson v.3 To such other person as the court may select. He is not liable to pay any debts of the deceased unless so ordered by the court. Consul General of Spain. otherwise. in default of the foregoing. Court of Appeals. Perkins. supra. chattels. Sr. 7 Rules of Court. prescription may set in if the appointment of the regular administrator is delayed.67 4. 109979. rights.

he shall give a bond. or dividends thereon. in such sum as the court directs. 82 Phil.71 5. or with only his individual bond.1. 0 1 . Roxas v.2 Further bond The executor may serve without bond if the testator so directs. 3.1 To make and return within three (3) months. but the court may require a further bond in case of a change in his circumstances. and charges on the same. conditioned only to pay the debts of the testator.1. Rule 81. 5.3 To render a true and just account within one (1) year. and 5. conditioned as follows: 5. a true and complete inventory. 104 [1929]. He shall immediately deliver the estate to the executor or administrator who may prosecute to final judgment suits commenced by the special administrator. 5. General Powers and Duties of Executors and Administrators An executor and administrator has the following powers and duties: 7 7 7 7 De Gala v. Rules of Court.6 Termination The special administrator may be removed on grounds other than those mentioned in Rule 82. Gonzales.4.1. Rule 80. 2 . and at any other time when required by the court.1.1 Before an executor or administrator enters upon the execution of his trust. or for other sufficient cause.73 6. Sec. 5. 53 Phil. the powers of the special administrator cease. Sec. Pecson. 70 When an executor or administrator is appointed. 407 [1948]. 2. Rules of Court. Rule 81. Bond of Administrator or Executor 72 5. 3 Rules of Court. legacies.4 To perform all orders of the court.2 To administer the estate and pay and discharge all debts.

1. 2. Inventory And Appraisal Within three (3) months after his appointment.3 To have access to partnership books and property where the deceased was a partner.1 To maintain the estate in 'tenantable repair' and deliver the same in such repair to the heirs or devisees when directed by the court. 9 Ibid. Rule 83. 4 5 . Sec. 8 Rules of Court. If there is no dispute. then the parties. Rule 84. Ibid. nor administered as such.1 Exclusions from the inventory The articles that should not be inventoried are: (a) the wearing apparel of the surviving spouse and minor children.3 Questions of title A probate court can resolve questions of title only provisionally. Sec. They shall not be considered as assets. Sec. Rule 87. well and good. 1997. shall receive such allowance as are provided by law. G. during the settlement of the estate.77 7. No.2 Allowance to widow and family The widow and minor or incapacitated children of the deceased. 279 SCRA 647. 80 Sanchez v. 108947.75 6.74 6. All that the court can do is to determine whether the properties should or should not be included in the inventory or list of properties to be administered by the administrator. 3.80 7 7 7 7 7 7 Rules of Court. (b) the marriage bed and bedding. September 29. 2. with the assistance of one or more inheritance tax appraisers. an executor or administrator shall file a true inventory and appraisal of all the real and personal estate of the deceased. and (c) such provisions and other articles as will necessarily be consumed in the subsistence of the family of the deceased. under pain of contempt by the probate court.79 7.76 6. 3. but if there is.6. R.2 To possess and manage the estate of the deceased for the payment of the debts and expenses of administration. 4. 7 Rules of Court. 6 Ibid. Court of Appeals. to compound or compromise with a debtor of the deceased.4 With the approval of the court.78 7. Sec. Sec. 7. Sec. as may be ordered by the court. the administrator and the opposing parties have to resort to an ordinary action for a final determination of the conflicting claims of title because the probate court cannot do so.

81 The sale or mortgage of specific estate property may be approved by the court under the following circumstances: 8. (iii) the legacies.82 8. may be approved when personal property is not enough to pay for the obligations of the estate. etc. Rules of Court. mortgage. setting forth (i) the debts due from the deceased. 8. (v) the situation of the estate to be sold.4. 281 SCRA 176. Court of Appeals.4 Regulations for granting authority to sell. No. conditioned to pay the obligations of the estate. or other encumbrance is necessary or beneficial. 2. or so much as is necessary or beneficial under the circumstances. mortgage. 3. as well as the executor or administrator.84 8. (iv) the value of the personal estate. Persons interested may prevent a sale. or otherwise encumbered without injury to those interested in the remainder. October 23. Sec. 3 Ibid. if beneficial.1 For the payment of debts The sale or encumbrance of real property to pay the obligations of the estate.4.2 If beneficial The court may authorize the sale of the whole or a part of said estate. Sales And Mortgages The need for approval by the probate court exists only where specific properties of the estate are sold and not when only ideal and indivisible shares of an heir are disposed of. Note: If a part of the real property cannot be sold.83 8. 1 2 . mortgaged. The proceeds shall be given to the persons entitled to the estate in the proper proportions. 4 Ibid. Such bond shall be for the security of the creditors. or otherwise encumbered. 4. R.3 Bond to prevent sale. Rule 87. stating the nature of the 8 8 8 8 Heirs of Pedro Escanlar v. or where its sale or mortgage may be injurious to those interested and where the testator has not otherwise provided. 119777. G. and (vi) such other facts as will show that the sale.1 The executor or administrator shall file a written petition. 8. Sec. Sec. the disposition may be of the whole of the property.2 The court shall then cause notice to the persons interested. (ii) the expenses of administration. mortgage or encumbrance by giving a bond in a sum to be fixed by the court. 1997. although it is not necessary to pay the obligations of the estate so long as it is beneficial but such authority should not be inconsistent with the provisions of a will. Rule 89. or otherwise encumber estate.8.

4.5 If the property is to be sold at auction.6 The transaction and the court order shall be recorded in the registry of deeds. express or implied. or to enforce a lien thereon. The court may authorize the sale to be public or private. 1. November 18. The court may cause further notice by publication or otherwise. (c) expenses for the last sickness of the decedent. 5 6 89 Rules of Court.4 Proceedings when property concealed.86 9. not due or contingent. the mode of giving notice of the time and place of the sale shall be governed by the provisions concerning notice of execution sale. 9 0 .4. as would be most beneficial to all parties concerned.3 Mortgage due estate may be foreclosed If the deceased was a mortgagee or assignee of the right of a mortgagee. and actions to recover damages for an injury to person or property. real or personal. Rules of Court. 7. Rule 89. Sec. Rule 87. or an interest therein. Rule 87. and (d) judgment for money against the decedent. Rules of Court. Sec. the reason for the same. 5. Sec. 1967. 20. 8. Rule 39. Claims that do not survive are money claims that have to be filed in the estate proceedings. due. 8.1 Actions that survive are those actions to recover real or personal property. 5. 88 These claims are specifically described as contractual money claims in the Rules of Court.4. L-24098.4. Sec.89 9. Polinar. embezzled. 8. No.2 Actions that do not survive are the money claims or (a) all claims for money arising from contract. 9.4 The court may then grant the petitions in proper cases. Actions By And Against Executors And Administrators In general. or other encumbrance.3 The court may direct the executor or administrator to give an additional bond to account for the proceeds of the sale. and the time and place of hearing. Rule 3. mortgage. from the estate.petition. Rule 86. or fraudulently conveyed 8 8 Rules of Court. executors and administrators may bring or defend actions that survive. such part of the estate as is deemed necessary. 21 SCRA 970. Sec.87 9. Belamala v. which should be presented in the form of claims against the estate. the mortgage may be foreclosed by the executor or administrator. 8 7 Rules of Court.85 8. 88 (b) all claims for funeral expenses.90 9.

6. may be compelled to render a full account on oath before the court. 5.7. and may examine him on oath91 9. 94 9. if any..5 Rendition of account A person entrusted by the executor or administrator with property of the deceased. or conveyed away any of the money or chattels of the deceased. Sec.7. 2 3 . 5 Ibid. or such person possesses or knows of a document which contains evidence of or tends to disclose the right of the deceased to real or personal estate.95 9. 8.4. embezzled. Sec. The executor or administrator may file an action to recover such property but is not be bound to do so. 9 9 9 9 Ibid. and the subject of the attempted conveyance would be subject to attachment in his lifetime. shall be in writing and shall be filed in court. or his last will and testament. 9. 4 Rules of Court. the court may cite such suspected person to appear or to answer.2 Action by the creditor 91 Rules of Court. The interrogatories.6 Embezzlement before letters issued A person who embezzles or alienates property of the deceased before issuance of letters testamentary or of administration.7 Remedy for fraudulent conveyance by the deceased during his lifetime The remedy may be by action of the executor or administrator or by a creditor under the following circumstances. Rule 87.1 Action by executor or administrator When there is a deficiency of assets to pay its debts. is liable for double the value of the property embezzled. Sec. the conveyance would by law be void as against his creditors. 9.4. 7..93 9.1 When a person is suspected of having concealed. Sec.2 If the person so cited refuses to appear and give rogatories. the court may punish him for contempt and may commit him to prison until he submits to the order of the court. and his answers thereto. but the deceased during his lifetime conveyed property with intent to defraud his creditors.9.92 9. unless the creditors pay for the costs and expenses thereof or give security as the court deems equitable. Rule 87. Ibid.. Sec.

However.. accompanied with an affidavit of publication setting forth the dates of the first and last publication thereof and the name of the newspaper in which the same was printed. the action of the creditor shall be filed in the name of all the creditors without need of court permission or the court and the filing of a bond. Notice To Creditors Immediately after granting letters testamentary or of administration. 00 Ibid. and to be posted for the same period in four (4) public places in the province and in two (2) public places in the municipality where the decedent last resided. allow a claim to be filed within a time not exceeding one (1) month. Money Claims Against The Estate.1 Time within which claims shall be filed In said notice. Rule 87. Sec. Sec. the court may.4 Filing of claims The claims which must be filed under the notice are: 9 9 9 9 1 1 Ibid. 4. Rule 86. the executor or administrator shall file in court a printed copy of the notice. 10. Rule 86.On the other hand. which shall not be more than twelve (12) nor less than six (6) months after the date of the first publication of the notice. for cause shown and on such terms as are equitable.97 10. the court shall issue a notice requiring all persons having money claims against the decedent to file them in the office of the clerk of court. the court shall state the time for the filing of claims against the estate. 01 Rules of Court. before an order of distribution is issued. 10. 6 7 .100 10. Sec.99 10. 2.101 10. 8 Ibid.2 Publication of notice to creditors The executor or administrator shall immediately cause the notice to be published three (3) weeks successively in a newspaper of general circulation in the province.96 Note: Where the conveyance or attempted conveyance was made by the deceased in his lifetime in favor of the executor or administrator. a creditor may file such an action in the name of the executor or administrator upon the filing by the creditor of a bond approved by the court to indemnify the executor or administrator. 9 Ibid. 10.3 Filing copy of printed notice Within ten (10) days after the publication and the posting. Sec. Rules of Court. The creditor shall have a lien on the judgment recovered for costs and expenses as the court deems equitable. Sec.98 10.

whether the same be due. or contingent. by answer the claims he has against the decedent.103 10.6 Set off Where an executor or administrator commences an action. and mutual claims may be set off against each other in such action.1 all claims for money against the decedent. Rule 3. or prosecutes an action already commenced by the deceased in his lifetime. or is contingent.4. Sec. an action for a contractual money claim against a defendant who dies before entry of final judgment.2 all claims for funeral expenses and expenses for the last sickness of the decedent. 10.5 Time bar Claims that are not filed within the time limited in the notice. it must also be supported by affidavit stating the particulars thereof. 5. must proceed until entry of final judgment. Sec. Rules of Court. Sec. may be approved at their present value..1 If the claim is not due.10. 105 Ibid.104 10.106 1 1 1 Ibid. not due. he must set forth therein the reason why it is not made by the claimant. are barred forever. 5.4.A debtor may set forth in an action by the executor or administrator against him.102 Note: Under the 1997 Rules of Civil Procedure. Sec. .7 How to file a claim105 A claim may be filed with the clerk of court with the necessary vouchers and supporting affidavits. Claims not yet due. When the affidavit is made by a person other than the claimant. 02 03 1 06 Ibid. Rule 86.3 judgment for money against the decedent.4. 20. 10.7. express or implied. or contingent. 9. 04 Rules of Court. instead of presenting them independently as a claim against the estate. and 10. except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. A favorable judgment obtained by the plaintiff shall be enforced as a money claim against the estate of the defendant which shall be filed in the estate proceeding. 10. arising from contract. serving a copy thereof on the executor or administrator.

109 10. if any. may order all the claims to be collected in a separate folder. but if it is not sufficient.10.10 Judgment appealable The judgment of the court approving or disapproving a claim. or give to the judgment creditor any priority of payment. or family expenses. Rule 88. Payment Of Debts If there are sufficient assets to pay the debts.8 Disposition of admitted claim Any claim admitted by the executor or administrator shall immediately be submitted by the clerk to the court who may approve the same without hearing. or devisee opposes the claim. 1. 09 Ibid. 10 Rules of Court. 11. Sec. Sec. legatees. A judgment against the executor or administrator that he pay shall not create any lien upon the property of the estate. the court may allow him fifteen (15) days to answer the claim. 2. 13 11 Rules of Court. Rule 86.9 Trial of contested claim If an heir. 07 08 . such part of the estate not disposed of by will. 9. but the court may order that known heirs. in its discretion.107 10. and as a matter of convenience.2 The court. Sec. shall be paid according to the provisions of the will.111 11. Ibid. is appealable. 1 1 1 1 1 1 Rules of Court.1 Source of payment as designated by the testator The debts of the testator. 12 Ibid. the executor or administrator shall pay the same within the time limited for that purpose.112 11.2 Personalty first chargeable for debts. Upon the filing of an answer or upon the expiration of the time for such filing. then realty The personal property of the deceased shall first be chargeable with the payment of debts and expenses. shall be appropriated for that purpose. Sec. but if the provisions are not sufficient.110 11. legatee. or its sale would be detrimental to the participants of the estate. 11 and 12. Rule 86. expenses or administration. the clerk of court shall set the claim for trial with notice to both parties. Sec. The court may refer the claim to a commissioner.7.108 10. Secs. or devisees be notified and heard.

3 Preference of payment if estate insolvent If the assets are not sufficient for the payment of debts. profit. or otherwise encumbered by the executor or administrator. without his fault. 13 14 . and that the local executor or administrator knew of such claims and an opportunity to contest their allowance. Rule 88. Accountability And Compensation Of Executors And Administrators Except as otherwise expressly provided in the following sections. mortgaged. or suffer loss by the decrease or destruction. 3.the whole of the real estate not disposed of by will.117 12. which shall not exceed one (1) year. Sec. 1 1 1 1 1 Ibid. 17 Rules of Court. but the court may. 16 Ibid. Sec. 15 Rules of Court. Sec.115 11. 10. 1. Rule 88. or so much thereof as is necessary. extend the time as the circumstances of the estate require not exceeding six (6) months for a single extension. (b) with all the interest. and (c) with the proceeds of so much of the estate as is sold by him. of any part of the estate. but the whole period allowed to the original executor or administrator shall not exceed two (2) years. the court shall add a certified list of such claims to the list of claims proved in the Philippines so that a just distribution of the whole estate may be made. after obtaining the authority of the court therefor.5 Time for paying debts and legacies The executor or administrator shall pay the debts and legacies of the deceased within a period of time fixed by the court. at the price at which it was sold. Sec. may be sold.1 Increase or decrease in value No executor or administrator shall profit by the increase.114 11. Rule 85. but the benefit of this and the preceding sections shall not be extended to the creditors in another country if the property of the deceased there found is not equally apportioned to the creditors residing in the Philippines and the other creditors. every executor or administrator is chargeable (a) with the whole of the estate of the deceased which has come into his possession.4 When and how claim proved outside the Philippines against insolvent resident's estate paid If claims have been duly proven in another country against the estate of an insolvent who was at the time of his death an inhabitant of the Philippines. Rules of Court. 15. on motion of the executor or administrator and after hearing. according to their respective claims.116 12. Sec. 7.113 11. they shall be paid in accordance with the provisions of Articles 1059 and 2239 to 2251 of the Civil Code on concurrence and preference of credits. and income of such estate. at the value of the appraisement contained in the inventory.

or adjusted by the court with their assent. and if any is sold for less than the appraisement. he is entitled to charge in his account only the amount he actually paid on the settlement. 12. sell estate of the deceased. 1. the damage sustained may be charged against him.118 12. Rules of Court.119 12. Sec. 20 Ibid. if the sale has been justly made. or a commission upon the value of so much of the estate as comes into his possession and is finally disposed of by him in the payment of debts.1. four pesos per day for the time actually and necessarily employed.4.4 Expenses and fees allowed executor or administrator121 An executor or administrator shall be allowed the necessary expenses in the care. expenses. Sec.12.4. Rule 85.120 12. and the value of the estate is thereby lessened or unnecessary cost or interest accrues. Sec.000.4. management.1 He must account for the excess when he sells any part of the estate for more than the appraised value. he shall account for it as may be agreed upon between him and the parties interested. the amount may be ascertained by the court.4. and he shall be liable therefor on his bond. If the parties do not agree. 12. or neglects to pay over the money he has in his hands.000 but less than Php 30. and 12. Sec. or distributive shares. or the persons interested suffer loss.4 1/4% of more than Php 100. 12.000.000.2 Accountable for income from realty used by him If the executor or administrator uses or occupies any part of the real estate himself.000.3 Accountable for delay When an executor or administrator unreasonably delays to collect the debts. he is not responsible for the loss.2 If he settles any claim against the estate for less than its nominal value.1 2% of the first Php 5. 1 1 1 1 Ibid. 5. whose determination shall be final. 21 Ibid. 2. 4. of : 12.000. 18 19 .1. and for his services.3 1/2% of more than Php 30. and settlement of the estate. but less than Php 100. or by delivery to heirs or devisees. legacies.2 1% of more than Php 5.

Ibid. Rule 85. Sec. 8.5 Two or more executors or administrators If there are two or more executors or administrators.124 12. it shall be a full satisfaction for his services unless by a written instrument filed in the court he renounces all claim to the compensation provided by the will. Sec.7 Compensation provided in the will When the deceased by will makes some other provision for the compensation of his executor. 85 Phil. Aldamiz v.123 but he may employ counsel. and the settlement has been attended with great difficulty. he shall not charge against the estate any professional fees for legal services rendered by him. 22 23 1 1 1 Rules of Court. Sec.9 Examinations on oath with respect to account The heirs.6 Attorney's fees prohibited When the executor or administrator is an attorney. 12. unless the court otherwise directs because of extensions of time for presenting claims against.122 12. distributees.Note: But in any special case. 1.125 12. and creditors of the estate and the executor or administrator may be examined on oath on any matter relating to an administration account. 124 Dacanay v. the allowance may be re-examined on appeal. Sec. Rule 85. 9. or for disposing of the estate. 7. 50 [1941]. Judge of the Court of First Instance of Mindoro. 72 Phil. 7. where the estate is large. If objection to the fees allowed to be taken.126 12. He shall render such further accounts as the court may require until the estate is wholly settled. La Mancomunidad de Telepuis. Ibid. and has required a high degree of capacity on the part of the executor or administrator.8 When executor or administrator to render account Every executor or administrator shall render an account of his administration within one (1) year from the time of receiving letters testamentary or of administration. a greater sum may be allowed. 25 26 .127 1 1 Rules of Court. 228 [1949]. the compensation shall be apportioned among them by the court according to the services actually rendered by them respectively. Sec. the estate. or paying the debts of. legatees. 27 Ibid.

11. Rule 90. unless the distributees. and such notice may be given personally or by advertisement in a newspaper or newspapers. (Note: What is provided in the law is only an estate tax payable by the heir has already been abrogated.1. upon application. 1. 28 29 . Sec.10 Notice to examine the account of the executor or administrator Before the account of an executor or administrator is allowed.1 Payment of obligations required The estate may be distributed only if the debts.2 Advance distribution No distribution shall be allowed until the payment of the obligations above mentioned has been made or provided for. 30 Rules of Court. 31 Rules of Court.131 1. and expenses of administration. or parts. as the court directs. 128 A person liable as surety in respect to such account may. and inheritance tax. or both. have been paid. naming them and the proportions. or of a person interested in the estate. shall assign the residue of the estate to the persons entitled to the same. first and second paragraphs. 1. and such persons may demand and recover their respective shares from the executor or administrator.) 1. on the application of the executor or administrator. give a bond. notice shall be given to persons interested of the time and place of examining and allowing the same.2 If there is a controversy as to who are the lawful heirs of the deceased person or as to the distributive shares to which each person is entitled under the law.1. in a sum to be fixed by the court. 1. or any of them. Distribution and Partition130 The distribution of the estate can only be made after strict compliance with the provisions in Rule 90.129 4. be admitted as party to such accounting. When Distribution Is Made 1.132 1 1 1 1 1 Rules of Court.1 The court. or any other person having the same in his possession. funeral charges. Ibid. Rule 85. 10. second paragraph. Sec. Rules of Court. Rule 90. the controversy shall be heard and decided as in ordinary cases. the allowance to the widow. 32 Ibid. conditioned for the payment of said obligations within such time as the court directs. Sec. to which each is entitled. if any. and after hearing upon notice.12.

(4) deaf and dumb who are unable to read and write. October 18. Partial distribution. pp.133 3. becoming thereby an easy prey for deceit and exploitation. 1997 ed. weak mind. (2) hospitalized lepers. take care of themselves and manage their property. recording the order of partition of the estate Certified copies of final orders and judgments of the court relating to the real estate or partition thereof shall be recorded in the registry of deeds. 4 [1939]. 1977. 688-9.135 5. 3. L-27745. Rule 90. Sec. GUARDIANS 1. Necessity For Guardianship A court will have no jurisdiction to render judgment against one adjudged physically and mentally incompetent to manage her affairs where no guardian was appointed upon whom summons and notice of the proceedings might be served. The 'incompetent' as the subject of guardianship. Sec. and other similar causes. 79 SCRA 408. they shall be paid by the parties in proportion to their respective shares or interest in the premises.134 4. 135 Moran.. 38 Rules of Court. It is merely a proposal for the distribution of the hereditary estate and determine the persons entitled thereto. 68 Phil. and (6) those who are not of unsound mind.. Navarro. and the apportionment shall be settled and allowed by the court. 3. 33 34 1 1 1 Rules of Court. Sarte. cannot without outside aid. otherwise. but by reason of age. Final order of partition.138 1 1 Vera v. Vol. disease. Rule 90. Gorostiaga v. 4. Sec.2. Expenses of partition Expenses of partition may be paid by the executor or administrator when it appears equitable to the court and not inconsistent with the intention of the testator.The incompetent includes (1) persons suffering from the penalty of civil interdiction. (5) those who are of unsound mind even though they may have lucid intervals. (3) prodigals. 36 37 .136 3. enforceable by execution. Project of Partition The practice in this jurisdiction is to prepare and present a project of partition to the court. without paying estate taxes A judge commits a grave abuse of discretion when he orders a partial distribution of the estate without the payment of estate taxes. Rule 92. Comments on the Rules of Court.137 1. Rules of Court. No. 2.

Sec. of such minor or incompetent. or both. the father or the mother shall be considered guardian of the child's property. 41 Ibid. When the property of the child is worth more than Php 2. Rule 92.140 2. friend. Parents as guardians When the property of the child under parental authority is worth Php 2. and of the 1 1 1 1 Ibid.2. Rule 93.141 3. however. or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian. of such minor or incompetent. or the minor himself if fourteen years of age or over. and shall file the petition required by the rules. Who may file Any relative. 7. 39 40 . or both. the father or the mother. may petition for the appointment of a general guardian for the person or estate. Sec.139 2. Sec.00. appoint another suitable person. without the necessity of court appointment.000. Rule 93. or the minor himself if fourteen years of age or over.142 2. friend or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian. Rules of Court.00 or less. (2) The minority or incompetency. may petition for the appointment of a general guardian for the person or estate. Petition For Guardianship 1. Contents of petition The petition shall allege: (1) The jurisdictional facts. Jurisdiction and Venue 1. with the duties and obligations of guardians under these rules. and additional court fees are not required. 1. 3. 1. the court may transfer the guardianship case to the court of the place of his residence wherein he has acquired real property. For good reasons the court may. Transfer of venue If the ward transfers his bona fide residence.000. shall be his legal guardian. (3) The names. Sec. Where to file petition for guardianship Any relative. 42 Rules of Court. ages and residences of the relatives of the minor or incompetent. Rule 93.

Guardian for the estate of a nonresident On notice.146 6. 47 Ibid. Sec. Rule 93. and after the hearing. and to provide for the proper care. Rule 94. Guardian's Bond The guardian shall give a bond conditioned: (a) to make a true and complete inventory within three months. Sec. (4) The probable value and character of his estate. Rule 93. Sec. including the minor if above 14 years of age or the incompetent himself.persons having him in their care.143 3.145 5. (b) to manage and dispose of the estate. Sec. Sec. by publication or otherwise. a guardian may be appointed for the estate in the Philippines of a nonresident minor or incompetent. the court shall appoint a suitable guardian of his person or estate. and (d) to perform all orders of the court. Ibid. Sec. Evidence will be heard and if it be proved that the person in question is a minor or incompetent.144 4. 5. The court may direct other general or special notice to be given. 46 Rules of Court. 2. 4. or (c) unsuitability of the proposed guardian. 6. 1. or both. 3. New bond 1 1 1 1 1 1 Rules of Court. 45 Ibid. the alleged incompetent must be present as much as possible. Rule 93. (c) to render a true and just account.147 4. 48 Rules of Court. custody and education of the ward. Order At the hearing. 43 44 . and (5) The names of the person for whom letters of guardianship are prayed. (b) competency of the alleged incompetent.148 1. Grounds for opposition The petition may be opposed on the grounds of (a) majority of the alleged minor. Notice of hearing Reasonable notice of the hearing of the petition shall be given to the persons mentioned in the petition residing in the province.

Rule 96. 3. Rule 96. when no injury can result therefrom to those interested in the estate. A person suspected of embezzling or concealing property of the ward may be asked to appear for examination. Sec. 51 Rules of Court.154 4. Grounds for removal A guardian may be removed when (a) he becomes insane. Bond to be filed. (4) has wasted or mismanaged the estate. 6. Sec. 2. 152 Ibid. 55 Ibid. Sec. In case of the breach of a condition thereof. 4. Sec. The estate should be managed frugally.155 1 1 1 Ibid. out of the sale or encumbrance of real estate as authorized by the court. it may be prosecuted in the same proceeding or in a separate action.153 3.151 1. 6. after due notice to interested persons. Compensation and expenses The guardian is allowed reasonable expenses and such compensation as the court deems just. (3) is unsuitable therefor.150 5. 53 54 . 7 and 8. not exceeding 15% of the net income of the ward. (2) is otherwise incapable of discharging his trust. 2. or (5) has failed for thirty (30) days to render an account or make a return. After making an inventory after three (3) months. Rules of Court. The guardian should pay the ward's just debts from his personal property and income of his real estate. Rule 97. General Powers and Duties The guardian has the care and custody of the person of the ward and/or the management of his estate. Secs. Rules of Court. 8. Rule 94. 49 50 1 1 1 Ibid.A new bond may be required and the old sureties discharged whenever it is deemed necessary. Sec. the guardian is required to file an inventory and accounting annually.149 2. Sec. actions thereon Every bond of a guardian shall be filed in the office of the clerk of the court. if insufficient.152 2.

(c) is unsuitable therefor. Real property of the ward may be sold or encumbered by authority of the court upon a verified petition when the income is not sufficient to maintain the ward and his family or to educate him. (b) is otherwise incapable of discharging his trust. Sec. or (e) has failed for thirty (30) days to render an account or make a return. Grounds for removal A guardian may be removed when (a) he becomes insane. Sale or encumbrance: 1. 86 Phil. 1 1 1 1 1 1 Rules of Court. Teodoro.156 6.162 3. 57 58 . but the court may require an additional bond. Sec. may file a verified petition to have his present competency judicially determined. 1.158 The order to sell is valid for one (1) year. Rule 95. A person who has been declared incompetent for any reason. 60 . relative. While age alone is not a controlling criterion. L-57438.157 2. 61 Rules of Court. it may be a factor for consideration. Lopez v. Advanced age The conclusion by the trial court that the guardian of advanced age is not fit to continue.159 3.5. Sec. Ibid. or his guardian. Petition for termination of Guardianship 1. or friend. 499 [1950]. particularly with his delay in making an accounting and filing an inventory. If it be found after hearing that the person is no longer incompetent. or when it is for his benefit that the property be sold. 62 Rules of Court. 2. 127 SCRA 371. Bond for the sale The original bond of the guardian shall answer for the proceeds of the sale. 4. is subject to appeal.160 7. is not to be disturbed. 1984. Sec. Rule 97. mortgaged or otherwise encumbered and the proceeds put out at interest or invested in some productive security. not certiorari and mandamus. (d) has wasted or mismanaged the estate. January 31.161 2. Court of Appeals. No. 59 Ibid. Rule 97. 1. A court order authorizing the sale of a ward's property. Other termination 156 Francisco v. his competency shall be adjudged and the guardianship shall cease. or in the improvement or security of other real estate of the ward.

but he cannot borrow money or alienate or encumber real property without the consent of his father or mother. R. Court of Appeals. and shall enable the minor to administer his property as though he were of age. mother or guardian. or guardian. G. Advanced age The conclusion by the trial court that the guardian of advanced age is not fit to continue. January 30. Francisco v. 3. 111 SCRA 262. No. Court of Appeals. it may be a factor for consideration. Guardianship court The guardianship court cannot adjudicate title. 1982. Sec. supra. While age alone is not a controlling criterion. note 156.164 5.165 1 1 1 Ibid. 65 Parco v. is not to be disturbed.Marriage or voluntary emancipation of a minor ward terminates the guardianship of the person of the ward. the guardians may be discharged if the guardianship is no longer necessary. Upon the application of the ward or otherwise. 63 64 . He can sue and be sued in court only with the assistance of his father. L-33152.163 4. particularly with his delay in making an accounting and filing an inventory.

8043. Act No." It was approved on February 25." approved on June 2. 603. Republic Act No. modified or amended accordingly. 603). viz: 1 66 Sec. 6. Rules and Regulations to Implement the Domestic Adoption Act of 1998 were promulgated to govern the adoption of Filipino children within the Philippines. or regulation contrary to. 1995. 8552 provides that any law. 209 on July 6. Aquino as Executive Order No. 1998. which took effect in 1975. or inconsistent with its provisions is repealed. 31. administrative order. Foreign adoptions are governed by Republic Act No. rule. 8. letter of instruction. The Civil Code provisions.166 The provisions of Rules 99 and 100 in the Rules of Court should thus be considered amended. and Executive Order No. The Family Code expressly repealed Articles 17-19. It should have taken effect fifteen (15) days thereafter or on January 27. however. About six months before the Family Code was signed by President Corazon C. or six months after its approval on December 10. No. 8552. Republic Act No. were expressly repealed by the provisions of P. The basic governing law on domestic adoption is found in Republic Act No. 8552. Sec. 1987. Prior laws on adoption include provisions in the Child and Youth Welfare Code (Presidential Decree No. 8552. 5. 1987. 3. 1987.4. 91. 2. 39-42 of the Civil Code and Articles 27-29. presidential decree or issuance. 4. 2. ADOPTION 1. 91 on December 23. which is "An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children. 7 of Rep. On December 2. 603. 1986. It took effect fifteen (15) days after its complete publication in a newspaper of general circulation in the Official Gazette. the Family Code. 1998. 26. . Who may adopt Those who may adopt are enumerated in Sec. she promulgated Executive Order No. Governing Laws 1. 33 and 35 of Presidential Decree No. Petition for Adoption 1. executive order.D. 7. which is "An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino Children. 26. It was published in the Official Gazette on January 12. 27-31. 1974.

that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered.(a) Any Filipino citizen of legal age. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided. (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided. (c) Husband and wife shall jointly adopt. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. Note: The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. and who is in a position to support and care for his/her children in keeping with the means of the family. in possession of full civil capacity and legal rights. joint parental authority shall be exercised by the spouses. or one spouse adopts the illegitimate son/daughter of the other. Further. that the other spouse has signified his/her consent thereto. at least sixteen (16) years older than the adoptee. emotionally and psychologically capable of caring for children. That his/her country has diplomatic relations with the Republic of the Philippines. or (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. of good moral character. However. . or is the spouse of the adoptee's parent. or (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. or (iv) the guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other. or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided. has not been convicted of any crime involving moral turpitude. or (iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt.

Act No.168 3. Aliens Aliens are now allowed to adopt. 8 of Rep. Those who possess the same qualifications as Filipino nationals upon the following conditions: 4. 19 (7).4. Joint Adoption 1 1 67 68 Rules of Court. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter.1 That his/her country has diplomatic relations with the Republic of the Philippines. 4.2. For a time.1 a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity. 5.4. 1. Sec.167Adoption now falls under the original and exclusive jurisdiction of the Regional Trial Court. Batas Blg. 8552. Jurisdictional Venue A petition for adoption shall be filed in the Regional Trial Court of the place in which the petitioner resides. 4.4 That the requirements of residency and certification of the alien's qualification to adopt in his/her country may be waived by the following: 4.3 That he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. 4.2 That he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered. . or 4. 129.4. or 4.3 one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth consanguinity or affinity of the Filipino spouse. aliens were not allowed to adopt. Subjects of adoption Who may be adopted are enumerated in Sec. Rule 99. amending Sec.2 one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. 4. under the Family Code repealing the provisions in the Civil Code.

(3) That the adopter is not disqualified by law. age. Rep. to wit: (1) The jurisdictional facts. (2) The biological parent(s) of the child. and residence of the person to be adopted and of his relatives or of the persons who have him under their care. (2) The qualifications of the adopter. . 8552. (4) The name. 9.Husband and wife are required to adopt except (a) if one spouse seeks to adopt the legitimate son/daughter of the other. 7. 7.2 Required consent Under Sec. if known. and (c) if the spouses are legally separated from each other.1 Contents of petition The petition should contain the same allegations in a petition for guardianship. Act No. or the proper government instrumentality which has legal custody of the child. if ten (10) years of age or over. Age Difference The age difference should be 16 years between the adopter and the adopted. Sec. 8552. 1 1 69 70 Rep. Republic Act No. provided that the other spouse has signified his/her consent thereto.170 7. written consent of the following is required: (1) The adoptee. (b) if one spouse seeks to adopt his/her own illegitimate son/daughter. provided that it may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent. Sec. 8552. 7 (a). Act No. Procedure 7. (5) The probable value and character of the estate of the person to be adopted. or the legal guardian.169 6.

if any. 7. Sec. . if any. 1 71 Rules of Court. ten (10) years of age or over. the social worker concerned shall confirm with the Civil Registry the real identity and registered name of the adoptee. by an order. ten (10) years of age or over. 7.5 Case Study No petition for adoption shall be set for hearing unless a licensed social worker of the Department. 7. (4) The illegitimate sons/daughters. shall fix the date and place of the hearing which shall not be more than six (6) months after the issuance of the order.3 Order for hearing If the petition and consent are sufficient in form and substance. If the birth of the adoptee was not registered with the Civil Registry. of the adopter if living with said adopter and the latter's spouse. Further. his/her biological parent(s). the court. and a favorable case study has been made.(3) The legitimate and adopted sons/daughters. and has submitted the report and recommendations on the matter to the court. 4. of the adopter(s) and adoptee. as hereafter mentioned. if any. 7. the social service office of the local government unit.6 Birth registration At the time of preparation of the adoptee's case study. (5) The spouse. the social worker shall ensure that the adoptee is registered. or any child-placing or child-caring agency has made a case study of the adoptee. as well as the adopter(s). the case study of the adopter shall ascertain his genuine intentions and that the adoption is in the best interest of the child.4 Publication of order The order shall direct that a copy thereof be published before the hearing once a week for three (3) successive weeks in a newspaper of general circulation in the province. of the person adopting or to be adopted. Rule 99.171 7.7 Legally available The case study shall establish that the adoptee is legally available for adoption and that the documents to support this fact are valid and authentic.

7(b)(i)(ii)(iii). no opposition has been interposed.172 7. Sec. shall be issued by the Civil Registry. temporary parental authority shall be vested in the adopter/s. and the evidence submitted. . The case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department. a decree of adoption shall be entered. Sec. Act No. The original certificate of birth shall be stamped 'cancelled' with the annotation of the issuance of 1 1 1 1 72 73 Rep. the court is convinced that the petitioners are qualified to adopt.8 Intervention by DWSD The DWSD shall intervene on behalf of the adoptee if it finds. Sec.7. (a) The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee. 8552. 13. Act No. Rep. and that the adoption would redound to the best interest of the adoptee. 8552.175 8. Civil Registry Record An amended certificate of birth. after the case study. Act No. attesting to the fact that the adoptee is the child of the adopter by being registered with his/her surname. The decree shall state the name by which the child is to be known 174which shall be effective as of the date the original petition was filed. that the petition should be denied. 75 Ibid. However. Note: This provision shall also apply in case the petitioner dies before the issuance of the decree of adoption to protect the interest of the adoptee. During said period. stating the reasons for the reduction of the period. the prospective adopter shall enjoy all the benefits to which biological parents are entitled from the date the adoptee is placed with the prospective adopter.9 Supervised Trial Custody No petition for adoption shall be finally granted until the adopter/s has/have been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. 11. and after consideration of the case studies. without any notation that it is an amended issue. 74 Rep. the qualifications of the adopter. the trial custody report. after the publication of the order of hearing. they must complete the six (6)-month trial custody except for those enumerated in Sec. 8552.10 Decree of adoption If. (b) If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department. 12.173 7. for alien adopters.

or (d) abandonment and failure to comply with parental obligations. with the assistance of the DSWD if a minor or if over eighteen (18) years of age but is incapacitated. Sec. 3. being in the best interest of the child. Rep. shall not be subject to rescission by the adopter(s). Act No. Who may file A minor or other incapacitated person may. Act No. (b) attempt on the life of the adoptee. 3. However. All records. Under Rep. if it is for the best interest of the adoptee and the disclosure is necessary.178 1 1 178 Rep. Time to file petition The petition must be filed within five (5) years following attainment of majority.an amended birth certificate in its place and shall be sealed in the civil registry records176 9. Sec. or following recovery from . as guardian/counsel. or (d) abandonment and failure to comply with parental obligations. 19. Sec. as guardian/counsel. through a guardian or guardian ad litem. restricting the purposes for which it may be used.177 10. (c) sexual assault or violence. 8552. the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counselling. 14. 3. Grounds for rescission Upon petition of the adoptee. 8552. 8552. the DWSD. file the petition for rescission of adoption. with the assistance of the DSWD if a minor or if over eighteen (18) years of age but is incapacitated. Service of judgment The judgment shall be served by the clerk on the civil registrar. 15. the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential. Grounds for rescission Upon petition of the adoptee. (b) attempt on the life of the adoptee. Rescission of Adoption 1. The court may authorize the necessary information to be released. adoption. Confidential Nature of Proceedings All hearings in adoption cases are confidential and shall not be open to the public. Rescission of Adoption 77 76 1.178 2. the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counselling. and papers relating to the adoption cases in the files of the court. (c) sexual assault or violence. Act No. books.

179 4. file the petition for rescission of adoption. After trial. the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. Sec. Act No. Sec. being in the best interest of the child. through a guardian or guardian ad litem. Time to file petition The petition must be filed within five (5) years following attainment of majority. 5. 3. However. Rule 100. with or without costs. Procedure incompetency. 180. if the court finds the allegations of the petition to be true.2. Who may file A minor or other incapacitated person may. 1 79 Rules of Court. 19. 5. 179. Rule 100. Sec. The order and a copy of the petition shall be served on the adverse party in such manner as the court may direct. Procedure The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. Rep.180 Footnotes 178. 19.179 4. Service of judgment A certified copy of the judgment shall be served upon the civil registrar concerned. . Rule 100. 8552. adoption. as justice requires. Rules of Court. shall not be subject to rescission by the adopter(s). Within thirty (30) days from rendition of the judgment. 5. Rules of Court. or following recovery from incompetency. Under Rep. 8552. Act No. the court shall render judgment ordering rescission. he shall enter the action in the civil register. Sec. Sec. 4.

The implementing rules. 1 80 Rules of Court. The process The process of inter-country adoption refers to the process of adopting a Filipino child by a foreigner or by a Filipino citizen permanently residing abroad where the petition is filed.D. 5. Service of judgment A certified copy of the judgment shall be served upon the civil registrar concerned. the court shall render judgment ordering rescission. 8043): 1. while generally prohibited by the Code. Its Implementing Rules and Regulations was passed by the Inter-Country Adoption Board (ICAB) which was thereby created. Act No. 2. Adopters The qualifications for adopters are more stringent than the qualifications for adopters in domestic adoption. 603 and the necessary documents submitted to the ICAB. No.. if the court finds the allegations of the petition to be true. as justice requires.180 4. Sec. became effective on January 17. 4. 5. 4. 3. Rule 100. Within thirty (30) days from rendition of the judgment. Inter-Country Adoption (Rep.The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. he shall enter the action in the civil register. Adoption by aliens The Family Code had provided that adoption by aliens of Filipino children. with or without costs. The supervised child custody is undertaken and the decree of adoption is issued outside the Philippines. 1996. The law and the implementing rules and regulations The Inter-Country Adoption Act was thereafter passed on June 7. shall be authorized in inter-country adoption as may be allowed by law. he must be legally-free which means that the child has been voluntarily or involuntarily committed to the DSWD in accordance with P. which were patterned after the 1993 Hague Convention. . After trial. The order and a copy of the petition shall be served on the adverse party in such manner as the court may direct. A legally-free child For a child to be placed under the coverage of the Inter-Country Adoption Law. 1995 and took effect fifteen days after publication in two newspapers of general circulation. It has been observed that the implementing rules contain provisions which are adopted from the Hague Convention but are not authorized by the law.

an adopter must at least be 27 years of age aside from the 16-year difference between the adopter and the adopted. . No. However. 100835. October 26. Court of Appeals and Hughes.3 Non-resident aliens cannot adopt. 1 84 Brehm v. Application An application for inter-country adoption may be filed with the Regional Trial Court having jurisdiction over the child or with the ICA Board. The supervised trial custody is conducted and the decree of adoption is issued by the court in the place of the adopter abroad.R No. 227 SCRA 401. 7.R. evaluate and assess the qualifications of the proposed adopter. under the Domestic Adoption Act. 1993. Republic. and (b) one who seeks to adopt the legitimate child of his or her Filipino spouse.R. G. 1963.1 Where one of the spouses is an alien. 1993. December 17.For one. Court of Appeals and Hughes.1 Art. Resident Aliens Aliens who permanently reside in the Philippines are not qualified to become adopters under the InterCountry Adoption Act. 81 183 Republic v. through an intermediate agency in the country of the prospective or adoptive parents.2 Where one of the spouses is an alien. 183 9. Case rulings 9. the adoption cannot be allowed. 8. 1986. 6. L-18566. G. September 30.' 8. paragraph 2. 9 SCRA 172. Family Code provides that an alien cannot adopt under Philippine law except '(a) a former Filipino citizen who seeks to adopt a relative by consanguinity. No. 91. 100835. 181 9. October 26. they are disqualified to adopt under Philippine laws. Functions of the RTC The Regional Trial Court appears merely to receive applications from foreign adoption agencies. Republic v. the court must submit its findings and the application papers to the ICAB. 227 SCRA 401. 8. and pursuant to the implementing rules. 184 1 182 Executive Order No.2 Husband and wife must jointly adopt. G. they are qualified to adopt. 184. 182 9.

(b) parents or guardians. 8369. (g) barangay chairman. 242 SCRA 362. Court of Appeals. as provided in Sec. (d) officer. 2. 17. Espiritu v. Orda v. G. Jurisdiction A petition for the custody of minors is also provided in Section 1. 137 SCRA 7. the provision was that no mother should be separated from her child under seven years of age. Formerly. 1985. No. 1990. 2. is not absolute. 1.R. No. 1995. 185The change emphasizes the fact that it is the welfare of the child that is paramount. (f) officer or social worker of the DSWD. Art. 186 187 Rep.Decreee 603. or Rep. unless the court finds compelling reasons to order otherwise. Child Abuse Complaints on cases of unlawful acts committed against children under the Child Abuse Act may be filed by (a) the offended party. or (g) at least three (3) concerned responsible citizens where the violation occurred. The petition for custody of children is now within the exclusive original jurisdiction of Family Courts. 92625. No. reduced from the Civil Code provision of seven years of age. Act No. G. June 18.5. L-68374. This rule. the age of the child was five years of age. second paragraph. Article 363. 27. . 115640. Luna v. Court of Appeals. no child under seven years of age shall be separated from the mother. 192 SCRA 768. Act No. Rule 99 which provides for a petition for adoption. 7192. December 26. (e) social worker or representative of a licensed child-caring institution. For cases on custody. Children Under Seven Years of Age Under Article 213. (c) ascendant or collateral relative within the third degree of consanguinity. 5(b). however. Under Pres. 187 185 Civil Code. 186 3. second paragraph Family Code. Now it is back to seven years of age under the Family Code. under the Civil Code.R. CUSTODY OF MINORS 1. March 15. Intermediate Appellate Court. Sec. Family Courts Act of 1997.

unless the parent so chosen is unfit to take charge of the child by reason of moral depravity. habitual drunkenness. 56. 3. the court shall award the care. 189 3. Special Court Proceedings Cases involving violations of Rep. may be brought before a Regional Trial Court by petition or as an incident to any other proceeding. . Protective Custody The child shall be immediately placed under the protective custody of the DSWD pursuant to Executive Order No. 188 2. 30. custody and control of each child as will be for its best interest.1 Award of custody After hearing. custody and control of a child or children of parents who are divorced or separated.2 Choice of the child The child who is over ten (10) years of age. or poverty. 8369 shall be heard in the chambers of the Family Court Judge. Ibid. 3. Act No. such as the paternal or maternal grandparent of the child. 603. incapacity. series of 1986.4 Support The court may order either or both parents to support or help support the child. the court may designate other persons or an institution to take charge of the child. may choose which parent he/she prefers to live with. or some reputable and discreet person. 3. Custody proceedings shall be in accordance with the provisions of Presidential Decree No.1.3 Other designations If both parents are unfit. When parents are separated The question as to the care. 1 1 88 89 Ibid. 28. Sec. 3. or his oldest brother or sister. Sec.

7 Rule of thumb Once more. G.5 Visitation or temporary custody The court may permit the parent who is deprived of care and custody to visit the child or have temporary custody thereof in an order that is just and reasonable. unless the court finds that there are compelling reasons therefor. Rule 99. 190 3. The fact that the father has recognized the child may be a ground for ordering him to give support. 2. November 16.R. 250 SCRA 82 . 4. including deduction from the salary and use of conjugal home and other properties in all 190 David v. Temporary Custody The court may also order the temporary custody of children in all civil actions for their custody. no child under seven years of age shall be separated from its mother. Restraining Order Family Court may issue a restraining order against the accused or defendant upon a verified application by the complainant or the victim for relief from abuse. but not for giving him custody of the child. 3.irrespective of who may be its custodian.111180. 3. Support Pendente Lite The court may also order support pendente lite. No. 3. Court of Appeals. Special Provisional Remedies In cases of violence among immediate family members living in the same domicile or household. 1.6 Appeal Either parent may appeal from an order made in accordance with the provisions of Section 6. 1995. the law now has special provisional remedies.

Art. duty of fiscal. such as the contents of the petition. Presidential Decree 603. 160. representation of child. 603. 603. 141. commitment of child. 3. when child may stay in his own home. Various other provisions Other significant provisions in Presidential Decree No. . when not necessary. Presidential Decree 603. Duty to Report Abandonment Art. 161. civil actions for support. Article 142. Prohibited Acts of Leaving an Institution Art. visitation. 603. legal custody. 192 6. refer to Articles 154 to 159. Decree No.5. Pres. report of person or institution. 603. 159. No child below nine (9) years of age shall be placed in an institution. Foster Care Provisions on foster care are to be found in Articles 67 to 70. refer to Articles 142-153. 162. 2. Adoption of Dependent or Abandoned or Neglected Child 192 Pres. Foster care is to be preferred to institutional care. Temporary Custody of Child Art. change of custody. A verified petition for their involuntary commitment may be filed. Article 68. verification. prohibited acts. summons. Involuntary commitment For various provisions on the procedure for involuntary commitment. Abandoned Or Neglected Children These types of children are defined in Presidential Decree No. agency or institution. temporary custody of children. 193 . Voluntary commitment Provisions on voluntary commitment which should be in writing. Presidential Decree No. Dependent. 603 refer to: Art. Decree No. 193 1. report. order to set time for hearing. termination of rights of parents. hearing. authority of person.

" is a high prerogative writ. children with cerebral palsy. to do. the great object of which is the liberalization of those who may be imprisoned without sufficient cause. 164. physically handicapped. and needs institutional care but his parents or guardians are opposed thereto. 6. 166.D. commanding him to produce the body of the prisoner at a designated time and place. 2. a petition for commitment of the child may be filed. 4. or mentally ill. discharge of child voluntarily committed. Article 177 . contents of petition. Report of Maltreated or Abused Child Art. report on conduct of child.Art. The Latin term habeas corpus which literally means "you have the body. emotionally disturbed. 163. Freedom from Liability of Reporting Person or Institution. disposition of property or money of the committed child. discharge of a child judicially committed. and receive whatsoever the court or judge awarding the writ shall consider in that behalf. Restoration After Voluntary Commitment Art. 167. Removal of Custody Art. 165. 194 Provisions on venue. Restoration of Child After Involuntary Commitment Art. order of hearing. Function and Scope of Writ 1 94 Pres. Special Children A child who appears to be mentally retarded. of ancient commonlaw origin. P. HABEAS CORPUS 1. submit to. Decree No. and related provisions. 603. with the day and cause of his capture and detention. Definition and Nature Basically. it is a writ directed to the person detaining another. 603. refer to Articles 178 to 204.

1969. 196 3. 30 SCRA 729. returnable to the same court or any member thereof or to the RTC (CFI) or any judge thereof for hearing and decision. Procedure (Issuance of writ and return) If the writ if issued by an RTC judge. 202 5. 1159 [1960]. Sec. Enforceability The writ may be issued by the Supreme Court or by the Court of Appeals or any member thereof. Excessive penalty The writ of habeas corpus also issues when a bond given by the accused entitled thereto is not admitted. 203 6. or of the place where the crime was allegedly committed. Zacarias vs. 2. Lack of jurisdiction of the court to impose the sentence A person may be detained on the basis of a void judicial order. 199 3. the writ shall be directed to him. 418 [1930]. or excessive bond is required.R. November 29. 98 Malinao v. 99 Makapagal v. . 195 The writ of habeas corpus is no longer available to one who is already out on bail. 201 4. 778 [1919]. 38 Phil. 00 In re: McCullough Dick. 179 [1950]. Sec. 01 Llobrera v. 1. 6. 108 Phil. L-25899. Deprivation of fundamental or constitutional rights There is restraint of liberty where one is deprived of freedom of action. Power to Grant Writ. 97 Villavicencio v. 95 96 204 Rules of Court. Rule 102. Grounds for Relief 1. Sec. Requisites of application If the detention is by an officer. Lukban. Sec. Santamaria. 87 Phil. The respondent will be asked to explain the cause of the detention. then the writ shall be directed to an officer commanding him to the same effect and to summon the person restraining. such as there the court issuing it had no jurisdiction of the crime charged. Rule 102. No. 200 or the penalty imposed by the court is not provided by law. or (2) the rightful custody of a person is withheld from the person entitled thereto. Cruz. commanding him to bring the body of the person restrained of liberty before the court at the time and place specified. 41 [1918]. enforceable anywhere in the Philippines. 197 2. it is returnable only to himself and enforceable only within his judicial district (now region) 204 1 1 1 1 1 2 2 2 Rules of Court. Director of Prisons. Rule 102. or of the person of the accused 198 or where the court had no jurisdiction over the subject matter. Raveles. 2. If the detention is by a person other than an officer. 203 Rules of Court. such as the freedom of locomotion. 55 Phil. 39 Phil.The writ of habeas corpus generally extends to all cases of illegal confinement or detention by which a person is (1) deprived of liberty. 02 Rules of Court. G.

If such officer or person does not desire to appeal. Rule 91. the court or judge shall order his discharge which shall not be effective until a copy of the order is served on the officer or person detaining the prisoner. Meaning of Escheat. ESCHEATS 1. Rules of Court. is the reversion of property to the State when the title thereto fails from defect of an heir. 205 7. Discharge of Person Detained When the prisoner is unlawfully restrained. Sec. . leaving behind real or personal property but without an heir. Escheats. Sec. a term of French or Norman derivation meaning chance or accident. 206 2 2 05 06 Rules of Court. When filed A petition to escheat property is filed when a person dies intestate. Procedure 1. 15. It is the falling of a decedent's estate into the general property of the State. 1.7. 2. the prisoner shall be forthwith released.

2. Who files petition

The petitioner is the Solicitor General or his representative in behalf of the Republic of the Philippines. 207

3. Where filed

The petition is filed in the Regional Trial Court where the deceased last resided or in which he had property if he resided out of the Philippines. 208

4. Contents of petition

The petition shall set forth the facts and pray that the estate of the deceased be declared escheated. 209

5. Order of Hearing

The court shall fix a date and place for the hearing of the petition, which date shall not be more than six months after the rendition of the order. 210

6. Publication

The order shall also direct that a copy thereof shall be published at least once a week for six (6) successive weeks in some newspaper of general circulation in the province as the court deems best. 211

7. Judgment

After hearing, the court shall adjudge the properties escheated after payment of just debts and charges, and the properties shall be assigned pursuant to law as follows:

7.1 The personal estate shall be assigned to the municipality or city where the deceased last resided in the Philippines.
207

Ibid.

2 2 2 2

Ibid. Rules of Court, Rule 91, Sec. 1. 10 The Rules use the word 'entry' but it means rendition. 11 Rules of Court, Rule 91, Sec. 1.
08 09

7.2 The real estate shall be assigned to the municipalities or cities, respectively, in which the same is situated.

7.3 If the deceased never resided in the Philippines, the whole estate may be assigned to the respective municipalities or cities where the same is located.

7.4 Such estate shall be for the benefit of public schools, and public charitable institutions and centers in said municipalities or cities. 212 3. Permanent Trust The court may order the establishment of a permanent trust so that only the income from the property shall be used. 213 4. Claim Within Five Years If a person entitled to the estate escheated appears and files a claim with the court within five (5) years from the date of the judgment, he shall obtain possession and title to the property. If it has already been sold, the municipality or city shall be accountable to him for the proceeds, after deducting expenses for the care of the estate, but a claim not made with said time shall be forever barred. 5. Other actions for escheat Actions for reversion or escheat of properties alienated in violation of the Constitution or of any statute shall be governed also by Rule 91, except that the action shall be instituted in the province where the land lies in whole or in part.

8. CHANGE OF NAME 1. Name Defined

A name is that word or combination of words by which a person is distinguished from others and which he bears as a label or appellation for the convenience of the world at large in addressing him or in speaking
2 2
12 13

Rules of Court, Rule 91, Sec. 3. Rules of Court, Rule 91, Sec. 3, second paragraph.

of or dealing with him. 214

1. Minor

A minor may sign and verify his petition for a change of name subject to the required assistance of a guardian ad litem, although the absence of the latter does not void the proceeding because it is amendable. 215

2. Resident Aliens

Resident aliens may also petition for a change of name. A nonresident alien may not avail himself of the same right; such a proceeding would not be of much benefit to him.216 But the petition will not be entertained if petitioner’s citizenship is either controverted or doubtful. 217 2. Procedure 1. Venue

The petition shall be filed in the RTC (CFI) of the place of residence of the person desiring to change his name. 218

2. Petition

Petitioner should allege (1) that he is a bona fide resident of the region (province) for at least three (3) years, (2) the cause for the change of name, and (3) the name asked for. 219

3. Hearing

The hearing is held after notice and publication. 220 The inclusion in the title of the petition for change of name and in the published order of the name sought to be authorized, is jurisdictional. 221 3. Case Rulings 1. Joinder of causes of action

2 2 2 2 2 2 2 2

Yu v. Republic, G.R. No. 20874, May 25, 1966, 17 SCRA 253. Tse v. Republic, G.R. No. 20708, August 31, 1967, 20 SCRA 1261. 16 Ong Huan Tin v. Republic, G.R. No. 20997, April 27, 1967, 19 SCRA 966. 17 Basas v. Republic, G.R. No. 23595, February 20, 1968, 22 SCRA 652. 18 Rules of Court, Rule 103, Sec. 1. 19 Ibid, Sec. 2. 20 Ibid, Secs 3 and 4. 21 Go v. Republic, G. R. No. L-31760, May 25, 1977, 77 SCRA 65.
14 15

Petitions for adoption and change of name cannot be joined. They are not the same in nature and character nor do they present common questions of law and fact. 222

2. Resumption of use of maiden name after divorce

The resumption by the wife of her maiden name after a Muslim divorce, is not change of name under Rule 103. The proceeding filed to resume the use of the maiden name is a superfluity but it is directory. 223

3. Absence of cause

No proper and reasonable cause has been shown in the petition for a change of name from Vicencio to Yu. In fact, confusion is likely. Adoption is required. 224

4. Causes for change of name

A 47-year old resident of Tacloban City, named Haw Liong, wanted to change his name to Alfonso Lantin, as he would soon be a Filipino. The Supreme Court, however, held that there was no compelling reason for the change of name. According to the Court, what may be considered, among others, as proper and reasonable causes that may warrant the change are: (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated; and (3) when the change is necessary to avoid confusion. 225

5. Erasing signs of former nationality

Petitioner was born in Hong Kong and came to the Philippines as a British subject. He became a naturalized Filipino. The Court of Appeals found that the evidence established sufficient justification for petition for change of name, i.e., a sincere desire to adopt a Filipino name Kenneth Kiana So, to erase signs of his former nationality which will unduly hamper his social and business life; his change of name will do away with his many aliases which should be discouraged, apart from the fact that it will avoid confusion and will be for the convenience of the world at large in addressing him or in speaking of or dealing with him. 226
222

Republic v. Hernandez, G. R. No. 117209, February 9, 1996, 253 SCRA 509.

223

Yasin v. Judge, Shari’a District Court, G.R. No. 94986, February 23, 1995, 241 SCRA 606.

224

Republic v. Court of Appeals, G.R. No. 88202, December 14, 1998, 300 SCRA 138.

2

25

226

Haw Liong v. Republic, G.R. No. 21194, April 24, 1966, 16 SCRA 677. Republic v. Intermediate Appellate Court, G. R. No. L-70513, October 13, 1986, 145 SCRA 25.

6. Resulting confusion

Legitimate minor children were not allowed to adopt the surname of the mother’s second husband, because there would be a false impression of their family relations, as it could result in confusion in their paternity. 227

7. Improving personality or social standing

On the other hand, a natural child through her mother petitioned for a change of name to adopt the surname of her stepfather. The Solicitor General argued that this would hide the child’s illegitimacy. The Supreme Court held that there was nothing wrong with it, and that a change of name may be asked to improve one’s personality or social standing and to promote his best interests as long as injury or prejudice is not caused to anyone. 228

8. Legitimate minor child

A legitimate minor child may not also be allowed to change his surname from that of a father who was a fugitive from justice to that of his mother. There will be confusion as to parentage as it might create the impression that the minors were illegitimate since they would carry the maternal surname only, which is inconsistent with their legitimate status in their birth records. 229

9. ABSENTEES 1. Basic Concepts

2 2 2

Padilla vs. Republic, No. L-28274, April 30, 1982, 113 SCRA 789. Calderon v. Republic, G.R. No. 18127, April 5, 1967, 19 SCRA 721. 29 Naldoza v. Republic, G.R. No. L-55538, March 15, 1982, 112 SCRA 568.
27 28

1. Provisional representative

When a person disappears without leaving an agent behind, an interested party, relative or friend, may file a petition before the RTC (CFI) of the last place of residence of the person who disappeared to appoint provisionally a representative for him. 230

2. Trustee or Administrator

After two (2) years without any news or after five (5) years if an agent was left to administer his property, a petition for declaration of absence and appointment of a trustee or administrator may be filed. 231

3. Notice and publication is required. 232

4. Preferences

The court may appoint as trustee or administrator or provisional representative (1) the spouse of the missing person if they are not legally separated or if the spouse is not a minor or otherwise incompetent; or, in default of the spouse, (2) any competent person. 233

5. Termination

The appointment shall be terminated (1) if the absentee appears personally or by agent; (2) when death is proved and the heirs appear; or (3) when a third person acquires the property of the absentee.

6. A wife filed a petition to declare her missing husband absent and presumed dead. But he left no property. HELD: There is no need for the petition. 234A declaration of presumption of death can never be final. 235

2 2 2 2 2 2

Rules of Court, Rule 107, Sec. 1. Ibid, Sec. 2. 32 Ibid, Sec. 4. 33 Rules of Court, Rule 106, Sec. 7. 34 Reyes v. Alejandro, No. L-32026, January 16, 1986, 141 SCRA 65. 35 Jones v. Hortiguela, 64 Phil. 179 [1937].
30 31

No. L-32181. 40 Republic v. 3. 141 SCRA 462. 240 Note: Sec. 2 2 2 2 2 Rules of Court. requires all interested persons who may be affected by the petition to be made parties. 1. 4. 38 Rules of Court. 238 4. Rule 108. CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY 1. March 5. Parties The civil registrar and all persons affected shall be made parties to the proceeding. Petitioner The petitioner may be any interested person concerning the civil status of persons. Sec. Rule 108. Rule 108. 3. Sec. 36 37 . Notice and publication are required before the hearing. Valencia. The remedy for the correction of the civil status of a person is in Rule 108 which is not a summary but an adversary proceeding. Venue The petition may be filed with the RTC (CFI) where the corresponding civil registry is located. Sec.10. 1986. 237 3. 239 5. 236 2. 39 Ibid. Ibid.

Art. 124. 244 2 2 2 Family Code. Family Code. 2. 235. Coverage Summary procedure may be used in cases provided in Articles 239. according to them. 96. Summary Proceedings under the Family Code The cases shall be heard by the proper court authorized to hear family cases. Such cases shall be decided in an expeditious manner without regard to technical rules.11. 217. 43 Family Code. Art. One of them usually has difficulty obtaining the consent of the other spouse for a transaction where such consent is required. if one exists. Procedural rules At the same time. 69. 41. 41 42 . 225. may be litigated only in a separate action. Thereafter. SUMMARY PROCEEDINGS UNDER THE FAMILY CODE 1. there was the apprehension that some people may not accept the fact that a piece of legislation is providing for procedural rules which. is within the exclusive authority of the Supreme Court. Hence. 244 Ibid. it was provided in the Family Code that: Until modified by the Supreme Court. 242 3. Ibid. it was felt that this summary remedy may as well apply to other cases provided in the Family Code where court approval is needed. however. or in the regional trial court or its equivalent. 223. 241. 51. 243 Claims for damages by either spouse. sitting in the place where either of the parties or spouses resides. Rationale The summary remedy was thought of mainly because of separated spouses. Article 239. 73.1 A verified petition may be filed to seek judicial authorization for a transaction where the consent of an estranged spouse is needed. the procedural rules in the Family Code govern all cases provided in the Code requiring court proceedings. 238. 248. except costs. viz: 3. 241 1.

225 and 236 of the Family Code involving parental authority which shall be verified. Procedure The summary procedure is set forth in certain provisions of the Family Code (Arts. 4. the parties may be assisted by counsel at the succeeding conferences and hearings.4 Requiring appearance In case of non-appearance of the other party. Art.4 Summary proceedings filed under Articles 41. 248 2 2 2 2 Family Code. insofar as they are applicable. 51. Article 248.2 The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for support of the family. to be filed in the proper court of the place where the child resides.2 Notice to interested persons Notice shall be given to all interested persons upon the filing of the petition. 244. entities or institutions exercising parental authority over the child. 245 3. 3. 243. in their absence or incapacity. 247 4. 45 46 . Art. Family Code.3 Preliminary conference The preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel.1 A verified petition A verified petition setting forth the alleged facts and attaching the proposed deed of the transaction involved. Article 239. 48 Ibid. FC) as follows: 4. 96.3 Petitions filed under Articles 223. the individuals. 124 and 217. 47 Ibid.3. 246 4. if possible. 69. the court shall inquire into the reasons why and shall require such appearance. After the initial conference. 4. The court shall notify the parents or. if the court deems it useful. 239-247. 250252.

Art. then the court may proceed ex parte and render judgment as the facts and circumstances warrant.8 Judgment The judgment of the court shall be immediately executory. 249 4. 49 50 . the court shall specify the witnesses to be heard and the subject matter of their testimonies. 4.6 Summary hearing The case shall be heard on the basis of affidavits.7 Testimony If testimony is needed. directing the parties to present said witnesses. Art.4. Ibid. 251 2 2 2 Family Code. but the court shall endeavor to protect the interests of the non-appearing party.5 Ex-parte proceeding If attendance is not secured. 250 4. documentary evidence or oral testimonies at the sound discretion of the court. 24. 51 Family Code. 246.

by the RTC (CFI) in the region in which the property or part thereof affected by the trust is situated. 2 Basas V. Republic. February 20. Sec. L-23595. Rule 98. Ibid. 256 252 Rules of Court. 255 3. 252 The appointment will be made if the testator omitted in his will A nonresident alien may not avail himself of the same right. Sec. Basas v. 2. 2. Basic Concepts 1. 253 2. 22 SCRA 652 56 Ibid. No. TRUSTEES 1. a trustee may be appointed to carry into effect the provisions of a will or written instrument. Appointment Upon a proper petition. Sec..254. and if the appointment is necessary to proceeding would not be of much benefit to him. 1. February 20. 1968. No. L-23595. Sec.12. 22 SCRA 652. 2 2 2 Ibid. Venue The petition may be filed in the RTC (CFI) in which the will is allowed if allowed here. Republic. 53 54 .253. 254 if not. Notice No publication is required but the appointment is after notice to all persons interested. 1968. such as to appoint a trustee in the Philippines.

or may be released without danger. 4.262 5. Bond. Secs. The Director of Health shall file a petition for discharge if the person committed is temporarily or permanently cured. 57 58 . or the welfare of the alleged insane who in his judgment is truly insane and such person or the one in charge of him is opposed to the commitment. Sec. Sec.4.260 3. 1 and 3. 257 He also files an inventory. in his opinion. 1. He may sell or encumber trust property with court approval. The court shall provide for the custody of the property or money of the insane until a guardian is appointed. 5 and 6. Ibid. 62 Ibid. Rule 101. 258 13. 61 Ibid. The Provincial or City Fiscal (Prosecutor) represents the Director of Health in court. Sec. Sec. the trustee also files a bond except when the court exempts him. 59 Rules of Court. 3. Venue The petition should be filed in the RTC (CFI) of the place where the person alleged to be insane is found. Sec. 259 2. inventory and sale of trust estate Similar to executors and administrators. PROCEEDINGS FOR THE HOSPITALIZATION OF INSANE PERSONS 1. Secs. the commitment to a hospital or other place for the insane is for the public welfare. Petitioner The petition is to be filed by the Director of Health when. 5.263 2 2 2 2 2 2 2 Ibid. 63 Ibid. 60 Ibid. 9.261 4.

Act No. 902-A and the provisions of the Corporation Code. Section 5 of Presidential Decree No. 5. enumerates the following cases: (a) Devices or schemes employed by or any acts. which is the new Securities Regulation Code. 8799 provides: The Commission's jurisdiction over all cases enumerated under Section 5 of Presidential Decree No. That the Supreme Court in the exercise of its authority may designate the Regional Trial Court branches that shall exercise jurisdiction over these cases. Voluntary Dissolution of Corporations 1. This Rule is no longer relevant. business . approved July 19. 902-A. Sec. The voluntary dissolution of corporations has been governed by Presidential Decree No. 3. Proceedings have been before the Securities and Exchange Commission. 8799. Act No. 2000. its quasi-judicial cases have been transferred back to the regular courts.2 of Rep. 902-A is hereby transferred to the Courts of general jurisdiction or the appropriate Regional Trial Court: Provided. 2. of the board of directors. Act No. but under Rep. OTHER SPECIAL PROCEEDINGS 1.2 of Rep. The Commission shall retain jurisdiction over pending suspension of payments/ rehabilitation cases filed as of 30 June 2000 until finally disposed. 117 to 122 thereof. mentioned in Sec. particularly Secs. The Commission shall retain jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution which should be resolved within one (1) year from the enactment of this Code.14. 8799 above-quoted. 5.

associates. (as added by P. members of associations or organizations registered with the Commission. or associates. There is no longer any provision in the Family Code for acknowledged natural children. 2. between and among stockholders. (A. 2000. which is an affirmation of Rule 43. (b) Controversies arising out of intra-corporate or partnership relations. 4. 3. Effective December 15. Act No. 1997 Rules of Civil Procedure. The action under Rule 105 may be converted to an action for paternity and filiation. Children are either legitimate or illegitimate. 1758. 5. partnership or association of which they are stockholders. and (d) Petitions of corporations. partnerships or associations to be declared in the state of suspension of payments in cases where the corporation. 008-10-SC. partnership. the action also survives the death of either or both of the parties except when the action is based on the second paragraph of Article 172. 8799. No. amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholder. members or associates. . Judicial Approval of Voluntary Recognition of Minor Natural Children 1. What is to be proved is filiation.M. but is under management of a Rehabilitation Receiver or Management Committee created pursuant to this Decree. 2000.D. officers or managers of such corporations. partners. members. (c) Controversies in the election or appointments of directors. and voluntary recognition could be the means of proving filiation if the putative father or mother would later refuse to continue the child. as provided by Section 70 of Rep. Decisions of the courts in the foregoing cases are appealable to the Court of Appeals. trustees.) 4. partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity. respectively. between any or all of them and the corporation. 173 and 175 of the Family Code. its officers or partners. 5. promulgated on November 21. Relevant provisions of law are in Articles 172. partnerships or associations. referring to an action based on the open and continuous possession of the status of a legitimate child and any other means allowed by the Rules of Court. partnership or association has no sufficient assets to cover its liabilities. No. and between such corporation. in which case the action may be brought only during the lifetime of the alleged parent. In the case of illegitimate children. or association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation. 2000) 2. the Interim Rules of Procedure on Corporate Rehabilitation took effect on December 15.

68 Modequilla v. The constitution of the family home. Court of Appeals. 67 Ibid.2 Contents of petition Aside from the jurisdictional facts. Taneo. 69 Taneo. 104875.5.2. Court of Appeals. Constitution of the Family Home 1. 215 SCRA 773. No.' 3. Rule 106 on the Constitution of the Family Home is already irrelevant in view of the Family Code.R. 5. 304 SCRA 308. G. Sec. 64 65 . 269 2 2 2 2 2 2 Rules of Court.2 the document containing the recognition. 2. there is no family home exempt from execution. 185 SCRA 766. G. their compulsory heirs and the person or persons with whom the child lives. 2. the family home is automatically constituted. the petition shall contain: 5. is not retroactive. 267 3.1 Venue The petition should be filed in the RTC (CFI) where the child resides. 66 Ibid. Jr. 86355. however. Under the Family Code. November 13. 1992. a copy of which should be attached to the petition.1 the names and residences of the parents or one of them who acknowledged. Manacop v. No. 5. Court of Appeals. 1990.3 A hearing is held after notice and publication.2.R. 268 4. No. Article 153 of the Family Code provides: 'The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. G. 108532. 264 5. Rule 105. and 5. Sec. Sec. 265 5.R. March 9. which document is either a statement before a court of record or an authentic writing. v. v. 319-320 [1999]. 266The court grants the petition when it is satisfied that the recognition was willingly and voluntarily made and is for the best interest of the child. Sec. May 31. 3. supra. note 268. Ibid. 1999. The family home must be deemed constituted on both the house and lot such that if the occupants of the family residence do not own the lot on which it stands. Jr. Breva.

Sec. a final determination in the lower court of the rights of the party appealing. Determines who are the lawful heirs of a deceased person. made a party to an accounting made by such executor or administrator. 1. 3. and affects the substantial rights of the person appealing. 3. except that no appeal shall be allowed from the appointment of a special administrator. or any claim presented on behalf of the estate in offset to a claim against it. 270 2. Barrios. . Espinosa v. Appealability An order or judgment which is appealable in special proceedings is an order or judgment which 1. in whole or in part. Is the final order or judgment rendered in the case. Who May Appeal Any interested person may appeal. 2. 4. Allows or disallows a will. any claim against the estate of a deceased person. An heir. A stranger having neither material nor direct interest in a testate or intestate estate has no right to appeal from any order issued therein. administrator. from an order of the court approving such claim. APPEALS IN SPECIAL PROCEEDINGS 1. in proceedings relating to the settlement of the estate of a deceased person. Allows or disallows. trustee. Rule 109. unless it be an order granting or denying a motion for new trial or for reconsideration. 271 Those who have been allowed to appeal are: 1. 70 Phil. legatee or devisee who has been served with notice as to a money claim against the estate admitted by the executor or administrator. A creditor who is allowed by the court to bring an action for recovery of property. Settles the account of an executor. A surety of an executor or administrator. from an order approving or disapproving such accounting. and 6. 5.15. Constitutes. 2 2 70 71 Rules of Court. or the distributive share of the estate to which such person is entitled. 2. or the administration of a trustee or guardian. or guardian. 311 [1940].

A part of the estate as may not be affected by the controversy or appeal. Sec. all of the 1997 Rules of Civil Procedure) apply in conformity with Rule 72. 1989. a record on appeal is required. instead of fifteen (15) days. G. March 31. the rules provided for in ordinary actions shall be. For multiple appeals. 4. A partial distribution should as much as possible be discouraged by the courts. 273 2.courts should guard with utmost zeal and jealousy the estate of the decedent to the end that the creditors thereof be adequately protected and all the rightful heirs assured of their shares in the inheritance. . which refers to the applicability of the rules of civil actions to special proceedings and which provides that in the absence of special provisions. 2. Perfection of Appeal 1. upon compliance with the conditions set forth in Rule 90. Appeals in special proceedings are termed "multiple appeals" under the Interim Rules of Court and under the 1997 Rules of Civil Procedure. A special administrator. No.4. from an order disallowing a will. Rule 109. 42 (Petition for Review from the Regional Trial Courts to the Court of Appeals) and Rule 45 (Appeal by Certiorari to the Supreme Court). while the period of appeal is thirty (30) days. 275 272 Fluemer v. 68873. The reason for this strict rule is obvious -. 274 3. Rules 41 (Appeal from the Regional Trial Courts). section 2. Hix. 610 [1930]. Advance Distribution 1. as far as practicable. 171 SCRA 524. Medina. reiterated in Dael v. 54 Phil. 109 [1960]. and unless in extreme cases. 272 3. 2. Gatmaitan v. applicable in special proceedings. such form of advances should not be countenanced. Intermediate Appellate Court. 109 Phil. 2 Rules of Court. 73 274 2 75 Ibid. may be distributed among the heirs or legatees.R.

v. Jayme. L-40527. Manila Railroad Co. 523 [1911]. Criminal Jurisdiction defined Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. a judgment of conviction is null and void. U. note 1. Failing in one of them. Requisites for its valid exercise: 1. Reyes v. 484 [1941]. Attorney General. People v. S. Philippine Constabulary. 1988. Elements 2. 24 Phil. 71 SCRA 600. 157 SCRA 147.4 The question of jurisdiction of the court over the case filed before it is to be resolved on the basis of the law or statute providing for or defining its jurisdiction.2 B. Diaz. 73 Phil. The non-concurrence of either of these two (2) elements may be challenged by an accused at any stage of the proceedings in the court below or on appeal. but only those expressly conferred by the Constitution and statutes and those necessarily implied to make the express effective. supra.2 Commission of the offense within the territorial jurisdiction of the court. January 20. Mariano. L-71855. Velunta v. June 30. 90 [1913]. Chief. No. .1 2. and 2.3 Philippine courts have no common law jurisdiction or power. 1976. JURISDICTION IN CRIMINAL CASES A. No.Criminal Procedure Part 1 Procedure in Trial Courts 1. Jurisdiction over the subject matter. Introduction 1. 20 Phil. v.1 The nature of the offense and/or penalty attached thereto. Mariano.5 1 2 3 4 5 People v.

L-65192. Magallanes. G. would fall on the Court of First Instance (now the Regional Trial Court). 2 SCRA 1185. People v. 118013-4. jurisdiction cannot be withdrawn or defeated by a subsequent valid amendment of the information. G. 160 SCRA 302. 1961. Moya. R.11 E. G. and 3. Cuyos v. G. Buaya v. R.8 To determine the jurisdiction of the court in a criminal case. L-16478. 169 SCRA 471.6 Once vested. Malabanan. 1964. 160 SCRA 838. Jurisdiction Over Complex Crimes Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and most serious penalty imposable of an offense forming part of the complex crime. the complaint or information must be examined to ascertain if the facts set out therein and the penalty prescribed by law fall within the jurisdiction of the court regardless of the court’s findings after the trial. Crimes Punishable by Destierro Where the imposable penalty is destierro such as that imposed in the case of concubinage in the crime of concubinage as defined in Article 334 of the Revised Penal Code. March 31. L-19568. October 11. the jurisdiction of the court to take cognizance of the case must be determined not by the corresponding penalty for the physical injuries charged but by the fine imposable for the damage to property resulting from the reckless imprudence. while the fine for the damage to the property. 1995. the case falls within the exclusive jurisdiction of the Municipal Trial Court. January 26. 75079. . April 27. No.10 Where the imposable penalty for the physical injuries charged would come within the jurisdiction of the municipal trial court. Polo. People v. Chupeco.The jurisdiction of a court to try a criminal action is determined not by the law in force at the time of the commission of offense but by the law in force at the time of the institution of the action. R. 1989. Jurisdiction over the person of the accused.7 2. April 15. 1988. C. 1988. considering that in the hierarchy of penalties under Article 71 of the 6 7 8 9 1 1 0 1 De La Cruz v. August 31. No. 10 SCRA 640. No. R. Jurisdiction over the territory where the offense was committed.9 D. Jurisdiction Determined by Allegations of Complaint or Information The averments in the complaint or information identify the crime charged and determine the court before which it must be tried. Garcia. 46934. No. No. People v. 249 SCRA 212.

1988. Sec.Revised Penal Code. Jurisdiction Over the Person of Accused Jurisdiction over the person of the accused is acquired either by his/her arrest or voluntary appearance in court. Eduarte. 1987.. Under the 1987 Constitution.14 2. No. No. June 20. 88232. General Rule A criminal case should be instituted and tried in the place where the offense was committed or any of its essential ingredients took place.g. 2. Art. 3. Republic v. R. No. People v. 182 SCRA 750. June 30. Manila Railroad Co. Attorney General. destierro follows arresto mayor which involves imprisonment. 1606. Mercado.12 2. 65 Phil. 162 SCRA 191 citing Crespo v. (c) and (d).15 1 1 1 1 2 3 4 5 People v. 1990. TERRITORIAL JURISDICTION 1. Section 15 (b). February 26. VIII. 5 (4). note 2. Case under the Revised Rules of Criminal Procedure. When the law provides otherwise – e. 665 [1938]. Presidential Decree No. Sunga. L-38634. the Supreme Court may order a change of venue or place of trial to avoid a miscarriage of justice. 1486 Creating a Special Court to be known as 'Sandiganbayan' and for other purposes.13 Exceptions: 1. Mogul. supra. G. . v. Rule 110. Revising Presidential Decree No. L-53373. 151 SCRA 462. as amended by Presidential Decree No. 1861.

Morales v. 1997. irrespective of kind. Offenses involving damage to property through criminal negligence regardless of the value of the property Exceptions: 1. Violations of city or municipal ordinances committed within their respective territorial jurisdictions 2. December 16. provides that the criminal and civil action for damages in cases of written defamation shall be filed in the court of first instance. December 12. the said courts shall take exclusive cognizance of cases where the offenders are under sixteen years of age. 283 SCRA 211. Sec. nature. — The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code.17 (iii) Article X Jurisdiction Over Dangerous Drugs Cases SEC. Omnibus Election Code. . G. 126623. but also to other laws which specifically lodge in Regional Trial Courts exclusive jurisdiction over specific 1 1 1 6 7 8 People v. Article 354). however. 184. appeal will lie as in other criminal cases. including the civil liability arising from such offenses or predicated thereon. and regardless of other imposable accessory or other penalties. 12326. 268. Criminal Jurisdiction Of Municipal Trial Courts (Republic Act 7691 Section 2 Amending Section 32 of Batas Blg. 32. That in cities or provinces where there are Juvenile and Domestic Relations Courts.18 Thus. Article 360. etc. 265 SCRA 645.3. 129 providing for the jurisdiction of Regional Trial Courts in criminal cases. Circuit Criminal Court. and Juvenile and Domestic Relations Court shall have concurrent original jurisdiction over all cases involving offenses punishable under this Act: Provided. and (b) the Sandiganbayan Examples: (i) Libel is punishable by prision corrreccional in its minimum and maximum period or fine or bail (Revised Penal Code.R. No. R. Jurisdiction. 1996. No. — The Court of First Instance. 129) 1. value or amount thereof 3. 39. of the same code as amended. the aforementioned exception refers not only to Section 20 of Batas Blg. G. Court of Appeals. Metropolitan Trial Court of Quezon City. except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. Br. All offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of the fine. Jurisdiction of courts. From the decision of the courts. Cases falling within the exclusive original jurisdiction of the (a) Regional Trial Court.16 (ii) Jurisdiction over Election Offenses SEC.

and Properties Illegally Acquired or Misappropriated by Former President Ferdinand E. Marcos. (b) Intellectual Property Code (Repubic Act No. Court of Appeals. Subordinates. Marcos. and (c) more appropriately for the case at bar. Mrs.g. 1. Circuit Criminal Courts. Section 4 above. Cases which fall under the original and exclusive jurisdiction of the Family Courts (Rep. No. Marcos. Direct Bribery. People v. Imelda R. (Creating the Presidential Commission on Good Government). generally. and Nominees. it retains its exclusive original jurisdiction over civil and criminal cases filed pursuant to or in connection with Executive Order Nos. 3019 (Anti-Graft and Corrupt Practices Act as amended). . Dummies. Agents. which vests on Courts of First Instance. Assets. 6758).19 2. Corruption of Public Officials). Title VII of the Revised Penal Code. Its jurisdiction over other offenses or felonies committed by public officials and employees in relation to their office is no longer determined by the prescribed penalty. or Nominees). Agents. 14 (Defining the jurisdiction Over Cases Involving the Ill-gotten Wealth of Former President Ferdinand E. 8369) 3.. 14)20 Under Republic Act No. Moneys. Article 211. Section 39 of Republic Act. Act No. Close Relatives.criminal cases. Imelda R. Chapter II. Indirect Bribery. 1379 (An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by any Public Officer or Employee and Providing for the Proceeding Therefor). national and local officials classified as Grade '27' and higher under the Compensation and Position Classification Act of 1989 (Rep. Mrs. and Article 212. Violations of Republic Act No. Act No. However. and the Juvenile and Domestic Relations Courts concurrent exclusive original jurisdiction over all cases involving violations of said Act. Business Associates. supra. Subordinates. Cases which fall under the original and exclusive jurisdiction of the Sandiganbayan under Republic Act 8249 The Sandiganbayan has exclusive and original jurisdiction cases where the accused are those enumerated in subsection a. 6425. Close and/or Business Associates. note 8. Section 4 and. the Sandiganbayan partly lost its exclusive original jurisdiction in cases involving: 1. Republic Act No..O. Magallanes. and 14-A (Amending E. supra. 2 (Regarding the Funds. Section 2. 8249. and 3. note 18. as amended by Republic Act 1289 and 4363 on written defamation or libel. No. which vests upon Regional Trial Court exclusive jurisdiction over the cases therein mentioned regardless of the imposable penalty. (a) Article 360 of the Revised Penal Code. Dummies. viz. 2. 09-94 1 2 9 0 Morales v.000. Marcos. (Article 210. that which is higher than prision correccional or imprisonment for six (6) years or a fine of Php 6. Administrative Circular No. 44. Their Close Relatives. Members of Their Immediate Family. 8293). e. it is enough that they are committed by those public officials and employees enumerated in subsection a. as amended by Presidential Decree No.

or both. and Municipal Circuit Trial Courts under Section 32 (2) of B. has been increased to cover offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of the fine.000. Blg.000 or both. 4. including offenses committed by public officers and employees in relation to their office.Subject: Guidelines in the implementation of Republic Act No. The criminal jurisdiction of the Metropolitan Trial Courts. 2. 129. in cases where the only penalty provided by law is a fine. or both. 3. Offenses committed by the public officers and employees in relation to their office. Municipal Trial Courts and Municipal Circuit Trial Courts. No. Municipal Trial Courts. Otherwise Known as the Judiciary Reorganization Act of 1980. 129. Amending For the Purpose Batas Pambansa Blg. where the offense is punishable by more than four (4) years and two (2) months up to six (6) years. Violations of the Rental Law. irrespective of the amount of the imposable fine. The provisions of Section 32 (2) of B. Violations of traffic laws. Entitled 'An Act Expanding the Jurisdiction of the Metropolitan Trial Courts.A. where the amount of the fine does not exceed Php 6. 129 which fixed the original exclusive jurisdiction of the Metropolitan Trial Courts. 4.P. 7691. irrespective of other imposable penalties. the amount thereof shall determine the jurisdiction of the court in accordance with the original provisions of Section 32 (2) of B. as amended by R. However. where the penalty prescribed by law is imprisonment of not exceeding six (6) months.P. Municipal Trial Courts.P. entitled 'An Act Expanding the Jurisdiction of the Metropolitan Trial Courts. Municipal Trial Courts.000. Blg. the Regional Trial Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their office. 129. Municipal Trial Courts. Offenses involving damage to property through criminal negligence where the imposable fine . As a consequence. However. 7691. or a fine of not exceeding Php 1.000. this rule does not apply to offenses involving damage to property through criminal negligence which are under the exclusive original jurisdiction of the Metropolitan Trial Courts. as amended by R. apply only to offenses punishable by imprisonment or fine. 4. Amending for the Purpose Batas Pambansa Blg. or of the civil liability arising therefrom. and Municipal Circuit Trial Courts. 6. and Municipal Circuit Trial Courts.A. 5. Violations of the municipal or city ordinances. If the amount of the fine exceeds Php 4. including those employed in government-owned-or-controlled corporations. 7691. rules and regulations. All other criminal cases where the penalty prescribed by law for the offense charged does not exceed six (6) months imprisonment. the following guidelines are to be followed in the implementation of Republic Act No. 7691. or a fine of not exceeding Php 1. accessory or otherwise. and Municipal Circuit Trial Courts over offenses punishable with a fine of not more than Php 4. the Regional Trial Courts shall have jurisdiction.000. in which case the amount of the fine is disregarded in determining the jurisdiction of the court. Otherwise Known as the ‘Judiciary Reorganization Act of 1980q xxx 3. 129. Cases Governed by the Summary Rules (Revised Rules on Summary Procedure) 1.' For the guidance of the Bench and the Bar.

129. The fact that the Municipal Court is of the opinion that the penalty to be imposed should only be arresto mayor would not place the case under the Summary Rules.23 Examples: (i) Juan is charged with serious physical injuries resulting in deformity under Article 263. including the civil liabilty arising from such offense or predicated thereon. Sec.B. .1 Offenses committed by public officers and employees in relation to their office. in relation to BP Blg. 169 SCRA 476. (ii) If Juan is charged under Article 263 paragraph 2 of the Revised Penal Code with the person injured having lost the use of an arm.2 Any circumstances which may affect criminal liability must not be considered. whether simple or complexed with other crimes.does not exceed Php 10. The jurisdiction in court in a criminal case is determined by the penalty imposable. Sec.22 2. Guevarra v. not the penalty ultimately imposed. where the penalty prescribed by law imprisonment exceeding six (6) years or a fine exceeding Php 4. January 26. 2.2 All other offenses where the imposable penalty prescribed by law is imprisonment exceeding six (6) years or a fine exceeding Php 1.3 Offenses involving damage to property through criminal negligence only. regardless of other imposable accessory.000 or both. including those employed in government-owned-or-controlled corporations. G. 1. Cases Governed by the Regular Rules 1. 129. 32. Summary Rules. Notes 2. Sec.000.000 but no more than Php 4. The regular rules are as follows: 1.21 1. 5. the penalty prescribed for such offense is 2 2 2 1 2 3 BP Blg. nature. 1. Almodovar. where the imposable fine exceeds Php 10. 1989. or other penalties.000. R. No. 32. irrespective of kind. 75256.000 when the offender’s position is below those enumerated above. paragraph 3 of the Revised Penal Code which prescribed a penalty of prision correccional in its medium and maximum periods ranging from six (6) months and one (1) day to four (4) years and two (2) months. value or amount thereof.1 'Imposable Penalties' refers to the penalty prescribed by law for the offenses charged and not the penalty actually imposed on the accused after the plea of guilty on trial.

. Blg. 170 SCRA 357. B. Sec. P. 2. Damage to Property Through Criminal Negligence Article 365 of the Revised Penal Code. it shall have jurisdiction to try and decide the case even if the civil liability (such as actual. 347 [1940]. four (4) months and one (1) day to six (6) years. Example: A municipal trial court has jurisdiction over a case of simple seduction defined and penalized under Article 338 of the Revised Penal Code. No. Legados v. The case falls under the jurisdiction of the Regional Trial Court. R. Revised Penal Code (RPC). (2) arresto mayor prescribed in Article 42 and (3) confiscation and forfeiture of the proceeds and instruments of the crime prescribed in Article 45. United States v. 1989.prision correccional in its medium and maximum periods ranging from two (2) years.25 2. The fact that the Regional Trial Court Judge is of the opinion that the penalty to be actually imposed should only be two (2) years and four (4) months would not divest the Regional Trial Court of its jurisdiction since it is the penalty prescribed by law that determines jurisdiction. etc. 2.4 Other imposable penalties The additional penalty for habitual delinquency is not considered in determining which court shall have jurisdiction over a criminal case because such delinquency is not a crime. 32. that may be imposed under Article 345 of the same code.). 35825. 19 Phil. Bernardo. a municipal trial court shall have jurisdiction to try and decide the cases irrespective of the kind or nature of the civil liability arising from the said offense. as amended.6 Civil liability irrespective of kind of nature Where the offense charged is within its exclusive competence by reason of the penalty prescribed therefor. San Juan.000. provides that when criminal negligence shall have resulted only in damage to property of another. Blg. as amended. De Guzman.) claimed exceeds Php 20. 6. regardless of the civil liability. the offender shall be punished by a fine ranging from an 2 2 4 5 B. El Pueblo de Filipinas v. compensatory. February 20. 69 Phil. 129. G.24 2. with arresto mayor. etc. 265 [1911]. such as support and acknowledgment of the offspring.3 'Imposable accessory penalties' refers to the accessory penalties accompanying (1) prision correccional prescribed in Article 41. RPC.5 Civil liability irrespective of value or amount Where the offense charged is within the exclusive competence of the municipal trial court by reason of the penalty (imprisonment. 129. P.

334 to Php 6. Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judges sit. any Metropolitan Trial Judge.33. Note: Three (3) times the said value exceeds Php 10.000. Special Jurisdiction in Certain Cases In the absence of all Regional Trial Judge in a province or city. 22 where the penalty of imprisonment prescribed exceeds the procedural limit of six (6) months provided in the Summary Rules. The Summary Rules are not applicable to Batas Blg. Municipal Trial Judge. 129. Where the amount or value of the damage to property alleged in the complaint or information does not exceed Php 3.amount equal to the value of the said damages to three (3) times such value. a municipal trial court shall try and decide the case observing Regular Rules. which shall in no case be less than Php 25. Note: Three (3) times the said value does not exceed Php 10. Prosecution of Offenses 2 6 BP Blg. 35. Accordingly: 1. 7. Sec.66.333. 2. Where the amount or value of the damage to property alleged in the complaint or information is one ranging from Php 3.26 3. .666.000. the municipal trial court shall try and decide the case observing the Summary Rules.

subscribed by the prosecutor and filed with the court. by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts. Institution Of Criminal Action 1. Rule 112. 4.31 2. any peace officer. Criminal actions shall be instituted as follows: 2. Rule 110. 1. The complaint or information shall be in writing. 2 Rules of Court.30 Except as provided in section 7 of Rule 110.28An information is an accusation in writing charging a person with an offense. 7 8 . Sec. two (2) months and one (1) day without regard to the fine. Sec. or other public officer charged with the enforcement of the law violated. Who must prosecute criminal actions All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. Prosecution of offenses is instituted either by complaint or information.33 3.29 2. Sec. In Manila and other chartered cities.1. any peace officer. in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. Ibid. in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available. or the complaint with the office of the prosecutor.32 The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years. However. 9 Ibid. Sec. the offended party. or public officer charged with the enforcement of the law violated may prosecute the case.27 A complaint is a sworn written statement charging a person with an offense. 1. the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.1 For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112. Rule 110. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court.34 4. Sec. Intervention of Offended Party 2 2 2 3 3 3 3 3 Rules of Court. 1 Ibid. Rule 110.2 For all other offenses. Sec. 4 Rules of Court. 0 Ibid. 1. Sec. 3 Ibid. subscribed by the offended party. 3. 2. 5.

The prosecution for violation of special laws shall be governed by the provisions thereof.1 What case to file37 1. No. July 21. The offenses of seduction. Rules of Court. fails to file the complaint. Distinction between control of prosecution and control of court 1. Devaras. in any case. grandparents. The offended party. Where the offended party. except as stated in the preceding paragraph. 5. Rule 110. If the offended party dies or becomes incapacitated before she can file the complaint. nor. 228 SCRA 482. No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. 20 SCRA 748. in any case. grandparents or guardian. 8 People v. Nos. if the offended party has consented to the offense or pardoned the offenders. grandparents or guardian. has the right to initiate the prosecution of the offenses of seduction. if both are alive. grandparents.Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111. Control by Prosecution 1.35 5. and she has no known parents. or guardian may file the same. R. 5 6 . her parents. L-26222. 1967. nor. 100938-9. The offended party cannot institute criminal prosecution without including the guilty parties. even if a minor.36 2. or guardian. grandparents. Pineda. G. abduction and acts of lasciviousness independently of her parents. or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided. the State shall initiate the criminal action in her behalf. Prosecution of Private Crimes The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. December 15.2 Whom to prosecute38 3 3 3 3 Ibid. abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents. the offended party may intervene by counsel in the prosecution of the offense. if the offender has been expressly pardoned by any of them. 7 People v. unless she is incompetent or incapable of doing so. 1993. Sec. Sec. 16. who is a minor. The right to file the action granted to parents.

R. 1996. L-38634. R. September 5. 1998. 278 SCRA 656. 114046. R. 6 Marcelo v. Court of Appeals. February 1. August 4. 1987. 5 Republic v. 8 Roberts v. 237 SCRA 685. L-44723.1 Suspension of Arraignment41 2. 113930. August 31.48 3. G. No.4 Ultimate test of court’s independence is where the fiscal files a motion to dismiss or to withdraw information.45 3. No. L-77580-51. Control by Court Once Case is Filed 2. note 45. 1997. 1988. 9 Ledesma v. 182 SCRA 388.4 Dismissal44 3. 1995. 88442. Galvez v. June 30. Villon. 1994. How. August 22.3 Manner of prosecution39 1. Rosa Mining Co. R. G. R. Dimatulac v. R. 106695. G. Undersecretary of Justice. Zabala. 113216. G. Court of Appeals. v. No. March 5. 1987. 2000. supra. Sunga. 1988. October 12. G. No. v. 260 SCRA 256.3 Prosecution by Fiscal43 2. 254 SCRA 307. 114302.1. 1 Crespo v. 2 Velasquez v. 297 SCRA 679. March 25. Montesa. Solar Team Entertainment. 3 Sta. June 20.5 Court has authority to review (power of judicial review) the Secretary’s recommendation and reject it if there is grave abuse of discretion. No.49 3 4 4 4 4 4 4 4 4 4 4 People v. G. No.4 Right of Prosecution to withdraw Information before arraignment even without notice and hearing40 2. Inc. Court of Appeals. 248 SCRA 641. 159 SCRA 145. September 29. G. Solar Team Entertainment. 103964. No. R. 1994. 4 Dungog v. No.3 Prosecution’s stand to maintain prosecution should be respected by court47 3. October 24. 7 People v. No. No. No. 140863. 1996. Roberts v. L-53373. R. No. Court of Appeals.2 Court must await result of petition for review.46 3.1 Prosecution entitled to notice of hearing. Court of Appeals. R. 162 SCRA 191. August 1. No. 1990. Inc.2 Reinvestigation42 2. 235 SCRA 39. v. Court of Appeals. 153 SCRA 367. 151 SCRA 462. 9 0 . G. Nazareno. Limitations on Control by Court 3. 12707. Mogul. G.

Strict Scrutiny in Heinous Crimes 1.6 To reject or grant motion to dismiss. Sec. Solar Team Entertainment v. 2000. supra. Sec.The Resolution of the Secretary of Justice may be appealed to the Office of the President only in offenses punishable by death or reclusion perpetua. supra. Secretary of Justice. Nos. 126210.7 Judgment is void if there is no independent assessment and finding of grave abuse of discretion52 3. note 46. supra. October 13. R. Jalandoni v. supra.59 D. G. note 45. Sec. supra. 6. Court of Appeals. 9 Ibid. Hagonoy Rural Bank. 8 Ibid. 1994.51 3.60 b. Court of Appeals. G. note 49. 11.56 the approximate date of the commission of the offense. 112387. 1 Martinez v. Sec. Sec. Roberts v. Hagonoy Rural Bank. 7. the death penalty may be imposed in rape cases under the last paragraph of Article 335 of the Revised Penal Code.58 When an offense is committed by more than one person. 8. No.50 3. How. supra. 2 Ledesma v. Perez v. the court must make own independent assessment of evidence. 5 Ibid. 6 Ibid. note 45. 237 SCRA 575.54 the acts or omissions complained of as constituting the offense. Court of Appeals. March 2.55 the name of the offended party. note 48. all of them shall be included in the complaint or information. Court of Appeals. 7 Ibid. Rule 110. .53 the designation of the offense given by the statute. Sec. Sec. March 9. note 50. 2000. 9. Ledesma v. 0 Perez v. R. Cause of the accusation The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. when the rape is committed with any of the following attendant circumstances: 5 5 5 5 5 5 5 5 5 5 6 How. Pursuant to Section 11 of the amendatory statute. G. No. Testing Sufficiency Of Complaint Or Information A complaint or information is sufficient if it states the name of the accused. 6. 0 Ibid. 115239-40. 9. 4 Ibid.57 and the place where the offense was committed. R. 3 Rules of Court.

Manggasin. No. relative by consanguinity or affinity within the third civil degree. 306 SCRA 546. November 6. R. 7 People v. supra. People v. 1124559-66. 6. 4 People v. succeeded in having carnal knowledge of the latter who was then below eighteen (18) years of age. and if not pleaded as such. G. 296 SCRA 17. 3 People v. R. No. 130599-60. Manggasin. 303 SCRA 709. G. February 13. 129298. R. 6 People v. Maglente. 1999. Cantos.1. or the common-law spouse of the parent of the victim. 127570. R. 304 SCRA 83. 1999. April 21. de la Cuesta. No. No.61 The need to allege qualifying circumstances to justify finding of qualified rape and the imposition of death penalty was stressed in several cases. parent. 1 2 . 281 SCRA 463.67 6 6 6 6 6 6 6 As amended by Rep. People v. 126134. G. ascendant. could only be appreciated as generic aggravating circumstances. G. guardian. R. 120093. 1999. step-parent. the death penalty cannot be imposed because the relationship alleged in the information is different from that actually proven. 7659. 306 SCRA 228. 1999. 7. 3. April 30. 303 SCRA 697. G. G. 2. R. When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease. Sec. Perez. G. Act No. R. 11. 1999. April 14. 1999. When the victim is a religious or a child below seven (7) years old. Thus. Nos. the victim has suffered permanent physical mutilation. 5 People v. Act No.63 Thus. Bolatete. R. 7659 should be considered as special qualifying circumstances distinctly applicable to the crime of rape.66 Where the information alleged the accused. Ambray. proof alone of relationship unless specifically alleged in the information would not warrant imposition of the death penalty. 4. March 2. the concurrence of the minority of the victim and her relationship of the offender is a special qualifying circumstance which should both be alleged 64 and proved65 with certainty in order to warrant the imposition of the death penalty. No. No. Garcia. 5. 122764. the evidence shows that the accused is not the complainant’s stepfather because he and complainant’s mother were not really married but only lived in common law relationship. The additional attendant circumstances introduced by Rep. although a husband is subject to punishment by death in case he commits rape against his wife’ s daughter. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency. When by reason on the occasion of the rape. 305 SCRA 876. September 24. 1998. note 65. No. When the victim is under the custody of the police or military authorities. When the rape is committed in full view of the husband. People v. G. People v. 127177.62 Without allegation of relationship in cases of statutory rape. any of the children or other relative within the third degree of consanguinity. When the victim is less than eighteen (18) years of age and the offender is a parent. February 25. 1997. In these cases complainant never said she was below eighteen (18) years of age when she was allegedly raped by her father on any of the dates stated in the complaint. who is the stepfather of complainant.

The theft of six roosters belonging to two different owners from the same coop and at the same period of time. Jaranilla.68 2. Tumlos. 8 9 . 55 SCRA 563.1 The single larceny rule a. except that instead of the word 'aliens' in the original Information.1.5. Garchitorena G.1 Examples of Delito Continuado 2. The theft of 13 cows belonging to two different owners committed by the accused at the same place and at the same period of time. unity of penal provision violated. the delito continuado to exist there should be a plurality of acts performed during a period of time. 1974.70 6 6 7 Rules of Court. except when the law prescribes a single punishment for various offenses. 0 People v. December 2. R. in appearance. The 32 Amended Informations charge what is known as delito continuado or 'continued crime' and sometimes referred to as 'continuous crime'. No. Duplicity of the Offense and Continuing Crimes 1. L-28547. Continuing Crimes: The Principle of Delito Continuado Santiago v. For Cuello Calon. According to Guevarra. 1993. Duplicity of the offense A complaint or information must charge only one offense. 2. each amended Information states the name of the individual whose stay was legalized. The 32 Amended Informations reproduced verbatim the allegation of the original Information. February 22.69 b. which means that two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. Rule 110. Section 13 People v. 228 SCRA 214 The original Information charged petitioner with performing a single criminal act – that of her approving the application for legalization of aliens not qualified under the law to enjoy such privilege. 67 Phil. 320 [1939]. No. 109266. and unity of criminal intent or purpose. a delito continuado consists of several crimes but in reality there is only one crime in the mind of the perpetrator.

Sabbun. Dichupa. 7 Gamboa v. 306 [1961]. constitutes only one crime. People v. People v. 113 Phil. The malversations and falsifications 'were not the result of only one purpose or of only one resolution to embezzle and falsify xxx. R. L-41054. G. 10 SCRA 156. and falsifications to conceal the same offenses committed in August and October 1936. 68 SCRA 308. 9 People v. R. 354 [1938]. December 2. one of which was committed during the period from January 19 to December 1995 and the other from January 1956 to July 1956. No. Two estafa cases. No.c. No.'75 c. 109266. 5 People v. who agreed that the attorney’s fees shall be paid out of said benefits. De Leon. Hubilo. Cogonan. L-18510. G. The said acts were committed on two different occasions.78 f. L-415522. January 31. one committed in December 1963 involving the failure of the collector to turn over the installments for a radio and the other in June 1964 involving the pocketing of the installments for a sewing machine. 1993. 49 Phil. 8 Ibid.79 7 7 7 7 7 7 7 7 7 People v. September 29. November 28. 3 Santiago v. Principle of Delito Continuado is not applicable. 437 [1926].71 d. 73 SCRA 77. 228 SCRA 214 4 People v.73 2.76 d. 220 SCRA 389. June and July. October 4. Ledesma. No. the appellant was properly held liable for three separate murders and sentenced to three separate penalties of reclusion perpetua.2 The concept of delito continuado was not applied in the following cases: a. Two estafa cases. 94548. Garchitorena.77 e. No. 75 estafa cases committed by the conversion by the agent of collections from customers of the employer made on different dates. 1936. R. The theft of two roosters in the same place and on the same occasion. G.74 b. In a single Information for murder for shooting three persons where evidence did not show that a single shot had slain three different persons. 6 People v. Illegal approval of the application for the legalization of stay of 32 aliens. 1993. 262 SCRA 693 1 2 .1. 1976. Court of Appeals. 1964. No. Several malversations committed in May. 1975. The illegal charging of fees for services rendered by a lawyer every time he collects veterans’ benefits on behalf of a client. 101741. 66 Phil. Cid. 1996. Robbery and fencing are two separate crimes. March 23.72 e.

and the court a 8 8 8 8 8 8 People v. The information in question in the present case contains allegations properly charging the commission of the complex crime of incriminatory machinations through unlawful arrest. the information alleges each element of the component offenses with the same precision that would be necessary if they were made the subject of a separate prosecution.83 Thus. 2 Ibid. although the phrase by reason or on occasion of the robbery as provided for by the Revised Penal Code. 4 Ibid. the allegations contained therein do not necessarily have to charge a complex crime as defined by law.84 Under Article 48 of the Revised Penal Code. 86939.81 The firing of several bullets by the accused although resulting from one continuous burst of gunfire. the same to be applied in its maximum period.82 3. Each person fell by different shots. Robbery and Kidnapping. or when an offense is a necessary means for committing the other. Several victims dying from separate shots constitute separate offenses and if there is no objection for duplicity. 4. The throwing of a hand grenade at the President with the intention of killing him resulting in the death and injuries of several persons constitutes the complex crime of Murder with Attempted Murder. G.g. is a victim of a separate crime of murder. Guillen 85 Phil.85 For a criminal complaint or Information to charge the commission of a complex crime. Victor. 1997. when a single act constitutes two or more grave or less grave felonies. August 2. 100382-5. It is sufficient that the information contains allegations which state that one offense was a necessary means to commit the other. or Rebellion complexed with Murder. Rule on Complex Crimes The precise language of the statute used in alleging the commission of the crime is not necessary as long as in charging the commission of a complex offense like that of Robbery with Homicide. 181 SCRA 818. 1990. People v. March 19. Tabaco. Ducay. 75154-55. G. was not literally used in the recital of facts alleging the commission of the two crimes of Robbery with Homicide. the penalty for the most serious crime shall be imposed.80 It is not the act of pressing the trigger like a Thompson submachine gun that determines the number of felonies committed. the Information as filed sufficiently and distinctly alleges the commission of the two crimes of robbery and homicide and adequately informs the accused of the crime charged. R. February 6. No. 307 [1950]. 270 SCRA 32 citing Reyes I Revised Penal Code 655 [1993]. G. but the number of bullets which actually produced them. 3 People v. the accused should be convicted of all offenses charged in one Information. constitutes several acts. 1993. Nos. R. R. 0 1 . Exceptions to Rule On Duplicity The rule on duplicity of offenses does not apply where the law prescribes a single penalty for various offenses such as a complex crime under Article 48 of the Revised Penal Code or special complex crime such as Robbery with Homicide or with Rape or Rape with Homicide. Nos. 5 People v. 225 SCRA 1.

R. every one of the seven accused may separately be charged for rape with homicide. 1994. 1866 abandoned previous rulings that qualified use of firearms and murder are separate offenses.92 The charge should therefore be amended to simple Illegal Possession of Firearm. however. 16 SCRA 879. 1996. July 22. 290 sCRA 627. 91 Thus.R. Court of Appeals. 1 G. 1993. such use of unlicensed firearm shall be merely considered as aggravating. Act No. R. all pending cases involving illegal possession of firearm should continue to be prosecuted and tried if no other crimes expressly indicated in Republic Act No.87 Where seven persons committed Rape with Homicide in conspiracy with each other. 111771-77.A. 8294 are involved (murder 8 8 8 8 9 9 9 9 9 People v.quo committed error when it ordered its dismissal. G. People v. November 9. No. however. 9 Ilagan v. Act No. Sanchez v. 1998. Nos. 1700 was repealed by Rep. April 1. No. R. No. Demetriou. 8 Ibid. supra. G. 1866 was committed so as to qualify the penalty of death. 8294). 1998. perpetrated by different acts. 115835-36. G. 124212. Feloteo. 227 SCRA 627. No. Alagao.R.D. 288 SCRA 542. Pimentel. 0 People v. The crime of estafa committed against the corporation and those committed against the lot buyers are definitely separate felonies. Molina. 7636.93 It should.86 5. Act no. Under the present rule. 8294 amended PD No. 119617.89 7. Molina. consummated on different occasions. Illegal Possession of Firearm and Unlawful Killing with the Use Thereof In case Homicide or Murder is committed with the use of unlicensed firearm.88 6. be noted that under existing laws (Rep. 1966.90 R. 115008-09. and caused injury to different parties. No Duplicity In Rape With Homicide There is no duplicity in an Information for Rape with Homicide. 3 People v. June 5. December 29. effectively modifying People v.94 It does not. mean that there can no longer be any prosecution for the crime of illegal possession of firearm. Quijada and its progeny. 1998. They were dictated by different criminal intents.R. if Homicide or Murder is committed with the use of an unlicensed firearm. 2 Rep. No Duplicity In Charge Of Estafa There is no duplicity in a charge of estafa committed by the accused for misappropriation of the purchase price of several lots owned by the Hometrust Corporation which were fraudulently received by the accused against seven lot buyers on the pretext that she was authorized to do so and which she misapplied to her personal use instead of remitting the money to the owner corporation. 100210. committed under different modes of commission provided by the law on estafa. April 30. July 24. the unauthorized use of licensed or unlicensed firearm is simply an aggravating circumstance in the commission of homicide or murder and no longer a separate offense. 292 sCRA 742. such use of unlicensed firearm shall be considered merely as an aggravating circumstance and cannot be the subject of a separate prosecution. No. 239 SCRA 575. 6 7 . G. In general. Note 91. Nos. and was accordingly deemed amended by the Supreme Court. 4 People v. L-20721. G. is has been held that the principle of absorption does not apply to illegal possession of firearms in connection with the crime of Subversion but simply describes the mode or manner by which the violation of Section 1 of P. 259 SCRA 191 [1996].

7691. 14. at any time before the accused enters his/her plea. any amendment before plea. No. 5 6 8 Rules of Court. in form or in substance. If it appears at any time before judgment that a mistake has been made in charging the proper offense. The court may require the witnesses to give bail for their appearance at the trial. Act No. especially the offended party. 125066. can be made only upon motion by the prosecutor. 2. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties. Gorgonio. be consolidated since under the expanded jurisdiction of the municipal trial courts. sedition or attempted coup d’etat under Section 3). Reckless Imprudence Cases Reckless imprudence resulting in slight physical injuries and damage to property is not a complex crime and cannot be the subject of a single information.95 8. March 11. July 8. G. Basic Rule Rules of Court. the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action.or homicide under Section 1 and rebellion. a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused. No. which downgrades the nature of the offense charged in or excludes any accused from the complaint or information. 127663. 304 SCRA 611. . 7 Rep. Rule 119. 1998. Sec. Reodica v. G. without leave of court. L37396. – (a) When a criminal action is instituted. Amendment or Substitution A complaint or information may be amended. No.R. Prosecution of Civil Action 1. Valdez. damage to property through reckless imprudence now falls under its jurisdiction. provided the accused shall not be placed in double jeopardy.96 The two offenses may. Jr. the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19. April 30.98 4. 9 9 9 9 People v. they are separate offenses subject to distinct penalties. with notice to the offended party and with leave of court. Court of Appeals. 1979. however. Rule 111 Institution of criminal and civil actions. Rule 110. 1999. R. insurrection. 89 SCRA 632. After the plea and during the trial. 292 SCRA 87 citing Lontok v. Sec. However. reserves the right to institute it separately or institutes the civil action prior to the criminal action.97 9..

August 21. February 20. 2. 333. No counterclaim. is specified in the complaint or information. 9 00 . since quasi-delict is not deemed instituted with the criminal. Salas.R. 1996. If at all. Court of Appeals. April 24. the offended party shall pay in full the filing fees based on the amount of the check involved. G. which shall be considered as the actual damages claimed. The employer may no longer be held civilly liable for quasi-delict in the criminal action as ruled in Maniago v. No. nominal.The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. 1997. Except as otherwise provided in these Rules. No. If the amounts are not so alleged but any of these damages are subsequently awarded by the court. the only civil liability of the employer in the criminal action would be his/her subsidiary liability under the Revised Penal Code. The independent civil actions under Articles 32. other than actual. moral. When the offended party seeks to enforce civil liability against the accused by way of moral. 1998.R. the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. No. the offended party shall pay additional filing fees based on the amounts alleged therein. 289 SCRA 568. but any cause of action which could have been the subject thereof may be litigated in a separate civil action. (b) The criminal action for violation of Batas Pambansa Blg. 34 and 2176 of the Civil Code are no longer deemed or impliedly instituted with the criminal action or considered as waived even if there is no reservation. the trial of both actions shall proceed in accordance with in section 2 of this Rule governing consolidation of the civil and criminal actions. Court of Appeals100 and all other similar cases. The rule has also done away with third party complaints and counterclaims in criminal actions. 01 Western Institute of Technology v. or exemplary damages without specifying the amount thereof in the complaint or information. Upon filing of the aforesaid joint criminal and civil actions. Where the complaint or information also seeks to recover liquidated. 253 SCRA 674. Third-party complaints and counterclaims in criminal actions have to be ventilated in a separate civil action. 104392. If the application is granted. 113032. Where the amount of damages. 278 SCRA 216. Where the civil action has been filed separately and trial thereof has not yet commenced. Inc.101 The civil liability that is deemed extinguished is the civil liability based on crime. no filing fees shall be required for actual damages. cross-claim or third-party complaint may be filed by the accused in the criminal case. temperate or exemplary damages. 119771. The civil liability is deemed instituted – not merely 'impliedly' instituted – with the institution of the criminal action. But not the civil liability based on sources of obligation other than the criminal offense although arising from the same act or 9 1 1 G. nominal. No reservation to file such civil action separately shall be allowed. G. R. v. The 2000 Rules on Criminal Procedure deems as instituted with the criminal action only the civil liability arising from the offense charged. The reservation applies only to the civil liability arising from the offense charged. 22 shall be deemed to include the corresponding civil action. temperate. the filing fees based on the amount awarded shall constitute a first lien on the judgment. the filing fees therefore shall constitute a first lien on the judgment awarding such damages.99 San Ildefonso Lines. it may be consolidated with the criminal action upon application with the court trying the latter case. Civil Actions Not Based on Crime Not Extinguished Acquittal in a criminal action bars the civil action arising therefrom where the judgment of acquittal holds that the accused did not commit the criminal acts imputed to him.

whether or not he is criminally prosecuted and found guilty or acquitted. 103. L-24803. tavern keepers and proprietor of establishments. if he is actually charged also criminally. the resolution of which determines whether or not the criminal action may proceed. are the subsidiary civil liability of innkeepers. persons and corporations engaged in any kind of industry.omission.108 Similarly. May 26. 104. March 21.107 4. workmen. Hill. 102. that the acquittal of Reginald Hill in the criminal case has not extinguished his/her liability for quasi-delict. Such action requires only a preponderance of evidence. 2000. Jarantilla v. employees in the discharge of their duties. Rule 111. 5. 06 Ibid. It results. 100. Art. Briefly stated. apprentices. Criminal Actions To Recover Civil Liability Arising From Delict and Civil Actions Based on QuasiDelict May Proceed Simultaneously A separate civil action for damages lies against the offender in a criminal act. culpa aquiliana includes voluntary and negligent acts which may be punishable by law. Court of Appeals. reparation of damages caused and indemnification of consequential damages. Hill. 10 Ibid. the extinction of the civil liability referred to in par. 33 34 and 2176 of the Civil Code or those where the source of civil obligation is not based on the criminal offense is not affected by the result of the criminal action. Ace Haulers Corporation v. R. therefore. pupils. 127934. 2(b). No. 1977. Extinction of the penal does not carry with it extinction of the civil unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil might arise did not exist. No. 171 SCRA 429. hence that acquittal is not a bar to the instant action against him. 02 03 . supra. (1964 Rules) refers exclusively to the civil liability founded on Article 100 of the Revised Penal Code whereas the civil liability for the same act considered as a quasi-delict only and not as a crime is not extinguished even by a declaration in the criminal case that the criminal act charged has not happened or has not been committed by the accused. 05 Ibid.104 Complementary thereto. to recover damages on both sides.105 employers. 07 Elcano v.106 3. (e) of Section 3. The civil liability therefor under Articles 32. Art. Art.103 This includes restitution.110 1 1 1 1 1 1 1 1 1 Elcano v. the converse is not true. No. assuming the awards made in the two cases vary. a civil action for damages for the same act or omission may be instituted. 04 Ibid. 1989. Extinction Of The Penal Does Not Carry With It Extinction Of The Civil But while every person criminally liable is also civilly liable. 08 Rules of Court. note 102. Sec. G. R. Revised Penal Code. and would be entitled in such eventuality only to the bigger award of the two. In other words. 6 and 7. 77 SCRA 98. Secs. August 23. 80194. Article 29 of the Civil Code expressly provides that when the accused in a criminal prosecution is acquitted on the ground that his/her guilt has not been proved beyond reasonable doubt. for felonies committed by their servants. Rule 111. Art. Sec. teachers. 09 Ibid.102 The only civil liability that may thus be imposed in a criminal action is that arising from and consequent to the criminal liability of the accused on the principle that every person criminally liable is also civilly liable. G. Court of Appeals. a final judgment rendered in a civil action absolving the defendant from the civil liability is no bar to a criminal action109 unless the civil action is a prejudicial question which involves an issue similar or intimately related to the issue raised in the criminal. provided that the offended party is not allowed.

4. Check if the offense charged is within court’s jurisdiction. . For Cases Cognizable By The Municipal Trial Courts Checklist I Things To Check/Do Upon Receipt Of Complaint Or Information 1. PROCEDURAL CHECKLISTS ON CRIMINAL PROCEDURE 1.

attaching thereto a copy of the complaint. the investigating judge did not believe there was any danger of the accused absconding before the filing of the information against him by the fiscal. his/her findings and recommendations are affirmed by the provincial fiscal or city 1 1 11 12 Rules of Court. 1.112 2. No. 234 SCRA 391. it is mandatory that an examination in writing and under oath by searching questions and answers should be conducted by the investigating judge. the investigating judge may issue a warrant of arrest.' do not issue arrest warrant. holding that under the applicable rule. Note: For purposes of issuing a warrant of arrest during preliminary investigation. after conducting an examination under oath of the complainant and his/her witnesses in the form of searching questions and answers to determine existence of probable cause and the necessity of placing the respondent under immediate custody so as not to frustrate the ends of justice.2 If there is such ground. conduct preliminary investigation following the procedure in Rule 112. Palaypayon. unless the complaint presents a case for preliminary investigation by the Municipal Trial Court. Salvani. When Case is for Preliminary Investigation 1. Sec.1 If there is no such ground. Without waiting for the conclusion of the preliminary investigation. dismiss complaint/information. 165 SCRA 734. No. dismiss the complaint. The Supreme Court sustained Judge Samulde’s refusal to issue an arrest warrant. 2. 1. but merely discretionary. only issue the subpoena to respondent. Samulde v. for the determination of whether a probable cause exists and whether it is necessary to arrest the accused in order not to frustrate the ends of justice. 1988. If the offense is not within the court’s jurisdiction. September 26. 2. since the robbery charge was offshoot of a boundary dispute between the two property owners. is left to his/her sound judgment or discretion.1 If there is probable cause but no such 'necessity. check the complaint as well as accompanying affidavits and other supporting documents if there is ground to continue with the inquiry. .2 If. hence. July 25. MTJ-93-823. upon the investigating judge to issue a warrant for the arrest of the accused.1 Illustrative case: Where no such 'necessity' exists The issuance of warrant of arrest by the Municipal Judge conducting preliminary investigation is left to his/her sound judgment and discretion. L-78606. 1994..2. A. it is not obligatory. however. Rule 112. M. Jr.1. In this particular case. When the case is for preliminary investigation by the Municipal Trial Court. he found no need to place him under immediate custody.111 2. and other supporting documents with the directive to submit counter affidavits within ten (10) days from receipt of order. Ortiz v. affidavits. 6 (b). Section 3.

2. 5 (b). If there is possible cause and such 'necessity'. Rule 112 shall be observed.1 Make preliminary determination whether to dismiss case outright for being patently without basis or merit or to require further proceedings to be taken.2 If within ten (10) days from the filing of the complaint or information.1. if there is.2. he shall be released without bail unless he is a recidivist.1 Summary Procedure Cases 1. and the corresponding information is filed.prosecutor or by the Ombudsman or his/her deputy. 1. he may issue a 1 13 Rules of Court. the judge finds no probable cause he shall dismiss the case unless it is deemed necessary to require submission of affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause which should be done within ten (10) days from notice. is charged with physical injuries.2. 1. however.4 The court may. Sec. render judgment forthwith. does not reside in the place where the violation of the law or ordinance was committed. . issue arrest warrant. the judge after evaluating the evidence or after personally examining in writing and under oath the complainant and his/her witnesses. 1. 1. fugitive from justice. otherwise. 1. issue arrest warrant. However.2 Regular Procedure Cases 1.3 If the case is commenced by complaint. the procedure in section 3 (a).2 When further proceedings are required.1 If the case is commenced by complaint or information. the court may either evaluate the supporting affidavits or personally examine in writing and under oath the complainant and his/her witnesses in the form of searching questions and answers to determine if there is probable cause. When Case is for Trial on the Merits 1.2.1. if the judge is satisfied that there is no necessity for placing the accused under custody. if he pleads not guilty.113 3. set the case for immediate arraignment of the accused who is under custody and if he pleads not guilty. If the case presented by complaint or information is within the jurisdiction of the Municipal Trial Court. Rule 113. dismiss the case outright.' 1. opt not to issue a warrant of arrest or a commitment order if the accused had already been arrested. check if case is for 'summary procedure' or 'regular procedure. or has no known residence. and hold him for trial. he shall issue a warrant of arrest.

time. – 1 14 Ibid.6 Form of Searching Questions for Simple Theft (The witness is duly sworn to and gives his/her name and other personal circumstances) Q. .Are you the same complainant in this complaint for simple theft? A. status. . status. etc. his/her age. characteristics. and the place of its commission. financial and social circumstances. – When and how did you come to know the accused? A. education. 9 (b). his/her age. - Q. 1.2. his/her attitude toward the investigation. financial and social circumstances. such questions as have tendency to show the commission of a crime and the perpetrator thereof. the subject.114 1.Describe the ring allegedly stolen from you.5 'Searching Questions and Answers' means only. What would be searching questions would depend on what is sought to be inquired into. - Q. therefore. – Q. The questions. – When and how did you learn that your ring was stolen? A. Rule 112. . must to a great degree depend upon the judge making the investigation. such as: the nature of the offense. Sec. This refers only to cases which do not require preliminary investigation.2. The points that are subject of inquiry may differ from case to case. the victim. family responsibilities. taking into consideration the purpose of the preliminary examination which is to determine whether there is a reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof so that a warrant of arrest may be issued and the accused held for trial. the date.summons instead of a warrant of arrest. A. the possible motives for its commission. opportunities to commit the offense. social attitudes.

– When and how did you acquire the ring? A. – Q. – Do you know the accused’s present whereabouts? A.Q. – What is the approximate value of the ring? A. – Q. – Do you know of any reason why the accused would take your ring without your consent? A. – Do you owe the accused anything? A. – . what? A. – Q. – Q. – Q. – Is the accused related to you by blood or marriage? A. – Q. – Did you have any kind of dealing with the accused before the date in question? If so. – Q. – Where does the accused reside? A.

2 In case of a summary procedure case and accused is arrested under an arrest warrant issued for failure of accused to appear when required (per second paragraph Section 10 of the Summary Rule).3 If accused files bail bond. If arrest warrant was properly released and a report has been properly submitted but accused could not be apprehended for a considerable length of time. issue alias arrest warrant and order for archiving of case. When he finds probable cause. or a commitment order if the accused had already been arrested. he shall issue a warrant of arrest. or recognizance. he may issue summons instead of a warrant of arrest. – Do you wish to state anything else? A. particularly the corresponding signatures on the requisite documents. A. – State the name or names of the person or persons. If the judge still finds no probable cause despite the additional evidence. dismiss the case. set case for immediate arraignment. issue corresponding commitment pending trial and have it served on warden or head of the jail or place of detention. 1. – Q. check sufficiency of documentation. 1. cash bond deposit. and if in .Q. if the judge is satisfied that there is no necessity for placing the accused under custody. 1.1 If report is submitted with accused being arrested and he does not post bail forthwith. who know the alleged theft. along with the corresponding notice to produce the accused before the court for arraignment on the date and time already fixed by the court. the warden or head of the jail or place of detention likewise being served with corresponding commitment pending trial and notice to produce the accused for arraignment before the court. Checklist II Things To Check/Do After The Issuance Of Arrest Warrant And Before Trial Stage 1. – Q. within ten (10) days from its submission or expiration of said period. However. if any. he shall. and hold him for trial. – Did you actually witness the taking of your ring? A.

4. conduct a pre-trial conference. 6. 7. including civil indemnity in the proper cases. Arraignment must be in open court. appoint counsel de oficio for the accused who appears without counsel. 7. If accused wants to plead guilty to lesser offense. unless court desires to receive evidence to determine penalty to be imposed. and. without impairing the rights of the accused. At the scheduled arraignment. then enter a plea of not guilty for the accused. 2.order. accused must be present at the arraignment and plea must be made of record. and evidence marked. judge shall inform accused who appears without counsel of his/her right to counsel and shall ask accused if he desires to have one.2 Check if agreement/s or admission/s made entered during pre-trial were properly reduced to writing and duly signed by the parties charged and their counsel. (b) stipulation of facts. accused must be furnished a copy of the complaint or information. After arraignment. on the following matters. set case for trial. If accused pleads guilty. 2. as a measure to expedite the trial. (d) waiver of objections to admissibility of evidence. . issue order reciting the actions taken. impose corresponding sentence. both prosecutor and offended party must consent thereto. 5. or he makes a conditional plea of guilty (e. (e) such other matters as will promote a fair and expeditious trial.. 7. (c) marking for identification of parties evidence.g. approve it and issue corresponding release order for immediate service on officer concerned.1 In proper cases.1 After pre-trial. If the plea is not guilty. the facts stipulated. where the accused and counsel agree. entering a plea of guilt provided the penalty to be meted shall only be a fine). if accused refuses to plead. 3. to wit: (a) plea bargaining.

ascertain whether appropriate filing/docket fee for said claim has been paid to the clerk of court. 2. issue an order to the offended party to pay the requisite filing/docket fees within a reasonable time. otherwise. If the requisite filing/docket fees have not been paid at the time of the filing of the information/complaint. If accused is detained. the court has jurisdiction over the case. issue a commitment/detention order to the warden/jailers. . Check if a claim for damages other than actual alleged in the information/complaint. if the accused is at large. For Cases Cognizable By The Regional Trial Courts Checklist I Things To Do Upon Receipt Of Complaint Or Information Up To Issuance Of The Warrant Of Arrest 1. issue a warrant for his/her arrest. Check if. on the face of the information/complaint. 3. and if in the affirmative.B. dismiss it and order the release of the accused if under detention insofar as the case is concerned. in accordance with the succeeding steps.

Rule 116. as follows: 1 1 15 16 Rules of Court. In case of doubt on the existence of probable cause. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. he shall issue a warrant of arrest. issue a commitment order and set the case for arraignment. 5. Sec. his/her case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. When warrant of arrest may issue Within ten (10) days from the filing of the complaint or information. . Rule 116. SC Circular No. When the accused is under preventive detention. Rules of Court. Once the accused is arrested or otherwise taken into custody. ascertain if all the requirements for the bail are complied with. the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused.115 3. fix the amount of bail either in the commitment/detention order or warrant of arrest. 1 (g). 1 (e). Unless a shorter period is provided by special law or Supreme Court circular. 38-98. and the accused files bail. 2. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. Sec. Checklist II Incidents After Issuance Of Warrant Of Arrest Or Commitment Order 1. order the prosecutor to submit the records of the case and if based thereon.116 4. 6. issue an alias arrest warrant and order the archiving of the case. The pre-trial conference shall be held within ten (10) days after arraignment. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the Complaint or Information was filed pursuant to section 7 of the Rule. If not satisfied upon the filing of information/complaint that probable cause exists. dismiss the case. Otherwise. If bail is a matter of right. issue a warrant of arrest. there is probable cause. If the charge is bailable. The accused shall be arraigned within ten (10) days from the date of the raffle. If there is failure to execute the warrant of arrest or no report is made within ten (10) days from receipt of the warrant by the executing officer. the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. furnishing a copy of the said order to the complainant.4. 5. If he finds probable cause.

if registered under the Torrens system or. is attached to the records of the case.1 Cash Bond 5.2.2. and his/her/their other liabilities.2 Owner’s duplicate of the original Certificate of Title of the surety/sureties covering the property offered as bond. if registered.3 Property Bond 5. if any. executed by the accused containing all the conditions contained in Section 2 of Rule 114 of the Revised Rules on Criminal Procedure. stating therein that each of the sureties possesses the qualifications as provided for in Section 12 of Rule 114 of the 2000 Rules on Criminal Procedure and describing the property offered as bond for the accused.5. accompanied by the photocopies of receipts of payment by the surety company of the requisite fees to the Supreme Court is attached to the bond. as amended.2 Corporate Surety 5. if unregistered. is attached to records of the case.2. issued by the government officer concerned. 5. 5.3 Certificate of Authority issued by the Insurance Commission. the number and amount of other bonds entered into by him/them and remaining undischarged. 5.1. 5. and the requisite affidavit is submitted to the court.3. within ten (10) days from the receipt by the accused of the court. consisting of writs of execution and/or confiscated bonds in criminal cases and that bonding company was issued a Certificate of Authority by the Insurance Commission and presently updating its obligation.3 Certificates of Payment of Realty Taxes on the property offered as bond. the Owner’s copy of the declaration of Real Property. at the back of the title to the property. 5.1 Photocopy of the Certification issued by the Supreme Court. or in the Registration Book. if unregistered.2 The written undertaking.3. . approve the bond and order the accused to cause the annotation of the lien.2 Certificate of the Clerk of Court of the Regional Trial Court where the case is filed and pending showing that the bonding company does not have any pending obligations/liabilities to the government.1 The official receipt or certificate of deposit of the amount of bail fixed by the court who filed the information/complaint. 5. the encumbrances thereon.1. If the property is sufficient. and on the corresponding tax declaration in the Office of the Provincial and Municipal Assessor concerned.3. the nature of the title of the property. 5.1 Affidavit of surety/ sureties taken before the judge or submitted to the judge.

if the accused is a youthful offender over nine (9) but under eighteen (18) years at the same time of the commission of the offense charged.Upon compliance by the accused of order of the court. with the condition to do some particular act. the accused may be released on 1 17 People v.4 At the discretion of the court. provided the accused has established. 8.1 The charge against the accused is for violation of a municipal or city ordinance. as amended. In either case. upon recommendation of the Department of Social Welfare and Development (DSWD) or other agency or agencies.117 8. and the written undertaking containing the conditions set forth in Section 2 of Rule 114 of the 2000 Rules on Criminal Procedure. 566 [1950].2 When the accused has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he/she may be sentenced. cancel the property bond. a contract between the sureties and the State for the production of the principal at the required time. If the accused applies for release on recognizance. the inability to post the required cash or bail bond. If the accused fails to comply with the order of the court for the annotation of the lien and for the registration of the annotation. set the hearing of the application and give reasonable notice of the hearing to the prosecutor with the requirement to submit the comment and recommendation in the application. he shall be released after thirty (30) days of preventive imprisonment. However. without applying the Indeterminate Sentence Law or any modifying circumstances. issue an order releasing the accused from detention. 8. Abner 87 Phil.2 Recognizance may be allowed in the following instances: 8.3 At the discretion of the Court. 8. the most usual condition in criminal cases being the appearance of the accused for trial. or both. if the accused has been in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged. in which case. 8. if the maximum penalty to which the accused is sentenced is destierro. 7. the left and right profiles of the accused and attached to the records.1 Definition of Recognizance An obligation of record. entered into before some court or magistrate duly authorized to take it. .2. 8.2. to the satisfaction of the court.2. 6.000. the accused should submit photographs (passport size) taken within the last six (6) months showing the face.2. and. a light felony and/or a criminal offense prescribed penalty for which is not higher than six (6) months imprisonment and/or a fine of Php 2.

The accused must be arraigned before the court where the Complaint or Information was filed or assigned for trial. If the case is not dismissed and the accused is under arrest. where bail is a matter of discretion. objects to the application of the accused for bail. order the Branch Clerk of Court to schedule the arraignment of the accused with notice to the complainant. 3.his/her own cognizance or to the custody of his/her parents or of a suitable person who shall be punishable for the appearance of the accused when required. Where the accused is charged with a capital offense which. hold in abeyance resolution of the application until the arraignment of the accused. under the law at the time of the application for bail is punishable by death or reclusion perpetua. give reasonable notice of the hearing to the prosecutor or require him to submit his/her recommendation. 10. . If the prosecutor. Common Procedures in First and Second Level Courts Checklist I Things To Do At The Arraignment Of The Accused118 1. The arraignment shall be made in open court by the judge or clerk by furnishing the 1 18 Rules of Court. 11. Rule 116. and the accused files an application for bail. 9.

No amendment of the complaint or information is necessary. inform him/her of his/her right to counsel of his own choice and inquire from him if he/she desires to engage his/her own counsel. the accused. may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged.119 Unless the civil action has been reserved.accused with a copy of the Complaint or Information. When the accused pleads guilty but presents exculpatory evidence. The accused may present evidence 1 1 19 20 SC Circular No. and the accused is amenable to a counsel de oficio. In case of failure of the offended party to appear despite due notice. SC Circular No. The private offended party shall be required to appear at the arraignment for purposes of pleabargaining. 4. Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment. reception of evidence When the accused pleads guilty to a capital offense. 3. reading the same in the language or dialect known to him. 5. where the accused is not assisted by counsel de parte. and other matters requiring his/her presence. determination of civil liability. 6.120 9. 1-89. 8. Before the reading of the Information. 7. Unless the accused is allowed to defend himself in person. Sec. Plea of guilty to capital offense. 38-98. appoint a competent and responsible counsel de oficio for him. Both arraignment and plea shall be made of record. a plea of not guilty shall be entered for him. the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. his/her plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. but failure to do so shall not affect the validity of the proceedings. After arraignment but before trial. he shall be given a reasonable time to consult with the accused as to his/her plea before proceeding with the arraignment. The prosecution may call at the trial witnesses other than those named in the Complaint or Information. 2. 4. Plea of guilty to a lesser offense At arraignment. When the accused refuses to plead or makes a conditional plea. . with the consent of the offended party and the prosecutor. The accused must be present at the arraignment and must personally enter his/her plea. waived or otherwise instituted ahead. reset the case for the reception of evidence to determine the civil liability and the imposable penalty. the court (a) shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his/her plea and (b) shall require the prosecution to prove his/her guilt and the precise degree of culpability. the accused may still be allowed to plead guilty to said lesser offense after withdrawing his/her plea of not guilty. and asking him whether he pleads guilty or not guilty.

3 A petition for review of the resolution of the prosecutor is pending at either the Department of Justice. 13. . 2. the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. 10. 16. Withdrawal of improvident plea of guilty At any time before the judgment of conviction becomes final. suspend the arraignment and order the accused’s mental examination. 14. 11. suspension of his/her arraignment may be allowed on any of the following grounds: 16. In such case. the court shall order his/her mental examination and.1 The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. If the accused appears to be suffering from an unsound mental condition which effectively renders him/her unable to fully understand the charge against him/her and to plead intelligently thereto.121 15. In other cases. 16. the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. 38-98. Sec. Plea of guilty to non-capital offense. that the period of suspension shall not exceed 1 21 SC Circular No. or the Office of the President. accused’s confinement for such purpose. the court may receive evidence from the parties to determine the penalty to be imposed. provided. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. If the accused is under preventive detention.in his/her behalf. discretionary When the accused pleads guilty to a non-capital offense. the pre-trial conference of the case shall be held within ten (10) days after arraignment. If a 'Not Guilty' plea is entered. unless a shorter period is provided by special law or Supreme Court circular. and if necessary. his/her confinement for such purpose.2 There exists a prejudicial question. if necessary. reception of evidence. 12. schedule the pre-trial of the case with due notice to the offended party/arresting officer. 16. Upon motion of the accused.

G. Note: In People v.122 the Supreme Court held that a conviction in capital offenses cannot rest alone on a plea of guilt.sixty (60) days counted from the filing of the petition with the reviewing office. Alicando. 117487. . 1995. 251 SCRA 293. No. December 12. R. The trial court must require the prosecution to prove the guilt of the appellant and the precise degree of his/her culpability beyond reasonable doubt. 1 22 People v Alicando.

Determine and consider with the parties and counsel mutually satisfactory plea-bargaining arrangements. Municipal Trial Court in Cities. the following: 1. for the plea of guilty as a mitigating circumstance. after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. 1. (c) marking for identification of evidence of the parties. or 1. 38-98. SC Circular No.3 for the accused to change his/her plea of not guilty to that of guilty to the offense charged.1 for the accused to change his/her plea to a lesser or different offense in return for the dismissal of other count/s with or without credit. and (f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. – In all criminal cases cognizable by the Sandiganbayan. or 1. or 1 23 Rules of Court.123 Things To Do During The Pre-Trial Conference 1. Metropolitan Trial Court. 2 and 3. unless a shorter period is provided for in special laws or circulars of the Supreme Court. Rule 118. order a pre-trial conference to consider the following: (a) plea bargaining.Checklist II Pre-Trial Pre-trial. in return for the offended party’s waiver of the whole or part of the civil liability or damages. such. (d) waiver of objections to admissibility of evidence. (b) stipulation of facts. mandatory in criminal cases.2 for the accused to change his/her plea of not guilty to that of guilty to one or some of the counts of a multi-count indictment in return for the dismissal of other count/s with or without credit for the plea of guilty as a mitigating circumstance. (e) modification of the order of trial if the accused admits the charge but interposes a lawful defense. . Municipal Trial Court and Municipal Circuit Trial Court. as for example. Secs. Regional Trial Court. Sec. the court shall.

5 for the accused to plea bargain on the nature. 2. or has instituted the civil action before the criminal action. duration or the amount of the imposable penalty within the allowable range.5 the genuineness and due execution of documents. 2. including therein.3 the qualification of expert-witness/es. or all of the generic aggravating circumstances alleged in the information/complaint. 2. reserves the right to institute the civil action separately. the court issues an order making on record the plea bargaining arrived at and duly implemented. in the proper case. Determine and consider with the parties and counsel such stipulation of facts. If the prosecution and offended party agree to the plea offered by the accused.4 for the accused to change his/her plea of not guilty to that of guilty plea to the offense charged. When There Is No Plea Bargaining 1.2 the court’s territorial jurisdiction relative to the offense/s charged. 2. In case of any such change of plea to one of guilty. in return for the elimination of one. some. admission. or 1. .4 the amount of damages. Cause the marking for identification of the parties respective exhibit/s. for example: 2. The accused and his/her counsel shall manifest that they agree to enter into plea bargaining on any of the forms above-described. and/or agreement as may be feasible. and/or. unless the offended party waives civil action or his/her claim for civil liability or damages. if any. 2. When There Is Plea Bargaining 1. Render and promulgate judgment of conviction.1 the identity of the accused. 2. proceed to receive evidence on the civil aspect before rendering judgment. 3. the civil liability or damages duly established by the evidence.1. such as.

and/or agreement as may be directly related to any essential element of the offense/s charged. the court may impose proper sanctions or penalties. SC Circular No. incorporate admissions. Otherwise. stipulations in the pre-trial order to be issued after the pre-trial conference. 5. 3. Pre-trial agreement All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel. Non-appearance at pre-trial conference If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation. particularly by the accused and his/her counsel. Sec. Rule 118. 3.3 the specific trial dates needed to complete evidence presentation by all the parties which must be within a period of three (3) months from the first trial. .125 1 1 24 25 Rules of Court. Sec. Rules of Court. and require the parties and counsel to sign the same. Sec. Fix the trial dates for the parties’ presentation of their respective evidence inclusive of evidence in-chief and rebutting evidence.6 the cause of death or injury in proper cases. and 3. Sec. 2. 4. 6. otherwise. agreements. so that the necessary subpoena may be issued on time. to wit: 3.1 the number of witnesses to be presented.124 7. 38-98. admission. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court. If convenient. they cannot be used against the accused. Rule 118. 4. forthwith cause to be reduced into writing and duly signed by the parties. Counsel or their representatives may be allowed to serve the subpoenas to insure service thereof and the submission of the returns on time. and cause the parties and their respective counsel to affix their signatures in the minutes to signify their availability on the scheduled dates. such stipulation. Require the parties to submit to the branch clerk before leaving the court premises the names and addresses of witnesses that need to be summoned by subpoena. 5. Determine and consider with the parties and counsel the following and such other matters as will promote a fair and expeditious trial. 38-98. 2.2 the approximate number of hours that will be required by the parties for the presentation of their respective evidence.2. SC Circular No. 3.

1 Set the petition for hearing and require the prosecutor to comment thereon. Such order shall bind the parties. and evidence marked. If petition for bail is filed by the accused who is charged with an offense punishable by death or reclusion perpetua: 2. Such notice of hearing should also be served upon all other accused. 2. the court shall issue an order reciting the actions taken. either by way of recommendation or opposition. unless modified by the court to prevent manifest injustice. limit the trial to matters not disposed of. Rule 118.2 If the prosecutor opposes the petition. Summary hearing is one that focuses on quantity and character of proof in anticipation of that to be presented at the regular trial. the facts stipulated. Crossexamination by the petitioner and any other accused shall be allowed.8. Cause subpoena to be issued: Subpoena ad testificandum may be signed by the clerk or branch clerk of court. and control the course of the action during the trial. But subpoena duces tecum must be signed by the judge (who must determine that the subject thereof is prima facie relevant). Sec. 2. Pre-trial order After the pre-trial conference. 4. .126 Checklist III What To Do After Pre-Trial To Initial Trial 1. allow him to present his/her evidence to show that the prosecution’s available evidence is strong. Hearing may be summary or otherwise. if any. but not to be mere 1 26 Rules of Court. Petitioner shall also be allowed to offer and present evidence.

the Court laid down the duties of the trial judge in case an application for bail is filed: 2. 1994. RTJ-93-983. Corpus v. Rapatala. R. A. Bernabe. R. September 10. M. Sandido. 26 SCRA 522. February 7. Tamin. 81389.5 Indispensable requirements There must be a hearing. Morado v. 1968. Maglalang. M. Dabalos. MTJ-97-1142. July 11. 78162. A. No. No. 7 and 8. 1989. People v.3 Decide whether the evidence of guilt of the accused is strong based on the summary 1 1 1 1 1 1 Ocampo v. No. G. 199 SCRA 48 cited in Borinaga v. M. 269 SCRA 230.1 Notify the prosecutor of the hearing of the application for bail or require him to submit his/her recommendation. A. Rule 114.6. A. 257 SCRA 298. February 21. 1994. M. March 5. 1997. 77 Phil. 31 Rules of Court.130 2. RTJ-96-13447. G. 18. 2. Prosecution must be given full opportunity to present evidence. 2. Montesa. No. Sec. M. Otilida. Calo.4 Resolve the petition for bail with a narration of the evidence collectively deemed either strong or weak to justify the conclusion made.131 2. Santos v. Aguirre v. August 7. M. 1997. 88531.6. 186 SCRA 620. No. De los Santos-Reyes v. 245 SCRA 56. RTJ94-1217. A.sham or pretense.3 Even if the prosecutor recommends bail or interposes no objection to the petition for bail. Tabao v. 170 SCRA 489. Secs. 1991. Basco v. 55 [1946]. 1993. Rule 114. 1995. RTJ93-936. 1994. 1995. Francisco. R. L-29676. G. 1990.6. 1991. November 6. 281 SCRA 415. No. No. 226 SCRA 206. October 27. 237 SCRA 778. June 16. 235 SCRA 283. M. Almeron v. 30 Librarios v. People v.129 Note: The Court may not grant bail simply for non-appearance of the prosecution but should ask the prosecution such questions as would ascertain the strength of the state in evidence and judge the adequacy of the bail. A. No. December 24. 247 SCRA 85. San Diego. 29 People v.6. Espina. 1996. 196 SCRA 41. No. RTJ-96-1335. the court must still set the case for hearing. M.128 Evidence of guilt must be strong. June 18. Belmonte. 27 28 . RTJ-93-1052. RTJ-93-1097. A. M. A. June 14.132 2. RTJ-89-286. No. Aurillo v. 93-8-1204RTC.2 Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound discretion. No. 32 Rules of Court. August 12. Dacudao. April 19. 229 SCRA 723. No. Tayao.127 2. Duties of a Judge in case an application for bail for crimes punishable by reclusion perpetua or higher In the light of the applicable rules on bail and the jurisprudential principles just enunciated. A.

Calo. G. Sr. 1995. 36 Feliciano v. note 130. Mamolo. No. Lardizabal v. R. 1995. July 11. No. Guillermo v. Reyes. Tucay v. Do not grant bail in non-bailable offenses without giving the prosecution full opportunity to present its evidence. Fuertes. No. Divina. 1989. Borinaga v. 247 SCRA 741. note 130. April 7. 1994. M. 1993. Baldado. Aguirre v. Libarios v. Do not grant bail in non-bailable offenses without application and notice to the prosecutor and in bailable offenses without notice to or recommendation of prosecutor. February 21. 40 People v. 221 SCRA 209. note 130. A. supra. G.139 (Even if the investigating judge had granted bail or the prosecutor in filing the Information had recommended bail. 252 SCRA 613. August 28. People v. Go v. 19. March 2. 33 34 . Narisma. Sec. Paderanga v.1995. R. Belmonte. MTJ-94-877. 1967. Rule 114. 1973. note 131. March 29. A. 238 SCRA 640. supra. Pasicolan. 2 SCRA 888. Espina. Rapatalo. December 5. 1993. CFI of Quezon. Rule 114. M. RTJ-89-286. July 31. No. note 130. Montesa 247 SCRA 85. Gustilo. 1993. February 18. Reyes. Belmonte.) 5. 1997. August 11. R. MTJ-96-1072. 96-1335. Sec. 269 SCRA 220 reiterated in People v. 247 SCRA 175. note 129. R.138 4. De los Santos-Reyes v. People v. L-14567. M. A. August 5.140 6. 38 Rules of Court. 51 SCRA 369. June 18. 1995. Do not grant bail on appeal after the accused have been convicted of a non-bailable offense142 or from a 1 1 1 1 1 1 1 1 1 1 Baylon v. 39 Rules of Court. Borinaga v. People v. R. G. Baylon v. 88531. 1999. 1991. RTJ-94-1243. 240 SCRA 154. M. 92-7-360-0. 199 SCRA 48. 37 Dinapol v. Tamin. Tamin . RTJ-92-898. 242 SCRA 110. No. January 31. G. G. 1990. supra. No. Dacudao. 247 SCRA 741. No. Do not grant bail in non-bailable offenses simply because of the prosecution’s non-appearance.137 3. Court of Appeals.134 Otherwise. A. G. petition should be denied. Nos. Circular No. supra. 141 7. 115407. 1995. Sec. People v. Dabalos. Mendoza v.133 2. No. Domagas.M.of evidence of the prosecution. M. March 5. Sison. August 28. note 130. 93808-09. supra. No. Paderanga v. Casingal. M. No. 18. No. A. Sison. G. 87163. 225 SCRA 110. 42 Adm. supra. Tabao v. 115407. 1996. supra. Court of Appeals. Cabral. Tamin. supra. A. G. RTJ-95-1286. A.6. Court of Appeals. No.135 TEN COMMANDMENTS FOR A JUDGE ON APPLICATIONS FOR BAIL 1. 243 SCRA 37. 303 SCRA 361. Chin v. 221 SCRA 397. note 130. Otilida supra. R. April 7. April 6. Do not act on an application for bail or set it for hearing unless you have jurisdiction over the person of the accused and of the case. 243 SCRA 284. note 130. Tamin. M. Nos. 186 SCRA 620. supra. Rule 114. No. Aguirre v. 131909. L-35612-14. 41 Borinaga v. People v. 18. Dacudao. No. Do not grant bail unless the accused is in legal custody. Aguirre v. 1995. 81389. v. Borinaga v. note 133. 2-92. A. Rules of Court. discharge the accused upon the approval of the bailbond. Belmonte.4 If the guilt of the accused is not strong. No. 35 Basco v. 170 SCRA 489. supra.136 2. Do not grant bail in non-bailable offenses without a hearing. R. Santos v. note 130. June 27.

46 Ibid. Rule 114. This should be addressed to the appellate court. R. Nitcha. Sec. No.145 10. 1993. 223 SCRA 619. 5. January 19. People v. 24. 90643.non-bailable offense to a bailable offense. 240 SCRA 283. 1 1 1 1 R. Rule 119. Rule 114 are present.144 9. Rule 114. Do not grant bail when the penalty imposed by the Regional Trial Court exceeds six (6) years but not more than twenty (20) years where any of the circumstances mentioned in Section 5. . No. 44 Ibid.146 Checklist IV Incidents During Trial What To Do When There Is Application To Discharge Accused To Be State Witness 1.143 8. Applicable Rule: Section 17. 45 Rules of Court. G. 1995. June 25. 113517. the penalty and the offense being within the purview of the probation law. Do not grant bail after the accused had commenced to serve sentence. Do not grant bail after the judgment has become final unless the accused has applied for probation before commencing to serve sentence. 43 Rules of Court. Sec.

Rule 119. 51 Flores v.2. If at all. G.1 there is absolute necessity for the testimony of the defendant whose discharge is requested. No.149 4. Rules of Court. Aniñon. 183 SCRA 388. Sandiganbayan. Domingo Can as one of those who committed the robbery.147 3. Galing. Trial court should hold in abeyance or defer its resolution on the motion until the prosecution had presented all its evidence. 136 [1958]. People v. note 149. G. No.148 4. Baesa. R.1 require prosecution to present evidence. Things the Court should do 4. Whether to discharge more than one depends upon the need of the prosecutor and the discretion of the Judge. 17 (a). March 16. namely: 4. 53 Can v. Daria’s testimony would be merely corroborative and not essential. 1983. November 27. L-39803. 104 Phil. Rule 119. August 12. note 149. Sec. March 21. L-63677. 49 Flores v. Sandiganbayan. When to apply Upon motion of the prosecution before resting its case. When applicable Two or more persons jointly charged with the commission of the offense. supra. in order to be a witness for the prosecution151 or the accused is the only one who has knowledge of the crime and not when his/her testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecution. 54258.2. 124 SCRA 409. Sandiganbayan. 1987. supra. 50 Rules of Court. Court of Appeals. Lugtu v. such testimony is direct evidence of Can’s participation and clearly negates the absolute necessity of Daria’s testimony in identifying Can as one of the perpetrators of the crime. R. 155 SCRA 663. 1988.150 The prosecutor must show that there is absolute necessity for the testimony of the defendant whose discharge he seeks. No. 158 SCRA 701. named Michael Yu testified that he saw and recognized the accused. 52 Flores v. 42037. Sec. 47 48 .152 Example: Where the prosecution itself admitted that one of the government witnesses. No.153 1 1 1 1 1 1 1 People v.2 require submission of sworn statement of each proposed witness at a hearing in support of the discharge and ascertain if the conditions fixed by Section 17 of Rule 119 are complied with. 1990. 17.

157The rule does not require that he be the 'least guilty' but only that he not be the 'most guilty.4. August 20. No. Rule 119. 24 SCRA 206. hostility or revenge. as to which of the accused is the 'most guilty'. Meaning of not the most guilty not the least guilty. 160 4. 58 People v. Rule 119. People v. July 31.156 a.2. 17 (b). 56 Rules of Court. Court of Appeals. L-55533. People v. 64 54 CJS 935. 165 b. 65 People v. 162done out of spirit of cruelty. 124 SCRA 338. the judge must rely in a large part upon the suggestions and information furnished by the state prosecutors.155 4. 1968. and like. 131 SCRA 107. Sec. Court of Appeals. Sec. 1984. No. 1983.' 158 b. we should not make haste in declaring that the crime of malicious mischief involves moral turpitude.2. or at least. Rule 119. Absolute certainty is not required. State 67 So. Sec. 59 People v. except the testimony of said defendant. 6(d). therefore. 63 54 CJS 935. Rules of Court. the value of the property destroyed and/or the circumstances under which the act of destroying was committed. 62 Moore v. L-62881.2 there is no other direct evidence available for the proper prosecution of the offense committed. 163but there is also authority to the effect that an act is not done when it is prompted by the sudden resentment of an injury calculated in no slight degree to awaken passion. note 152.154 4. vileness and depravity in the private and social duty which a man owes to us fellowmen or to society in general. Rule 119. July 29. as to the 'availability or non-availability of other direct or corroborative evidence'. 161 a. Concept of moral turpitude Moral turpitude has been described as an act of baseness. Sec. Examples of crimes involving moral turpitude 1 1 1 1 1 1 1 1 1 1 1 1 Rules of Court. Sec.2. 17(e). Faltado 84 Phil. supra. No. 17(c). 61 Rules of Court.2. of any evidence to show the gravity and the nature of the malicious mischief committed. 17(d). 89 [1949]. 159In coming to his/her conclusion as to the 'necessity for the testimony of the accused whose discharge is requested'.4 said accused does not appear to be the most guilty. Aniñon.5 said accused has not at any time been convicted of any offense involving moral turpitude. L-19852. 789. Jamero.3 the testimony of said accused can be substantially corroborated in its material points. 57 Ibid. 54 55 . 164In the absence. 60 Ibid.

Estafa. Discharge of accused operates as an acquittal and bar to further prosecution for the same offense 172 except in the following cases: 2. 173 2. 191 SCRA 671. 69 Chiong v. 18. 1977. No. 70 Rules of Court. Sandiganbayan. 176 When A Motion/Petition To Suspend A Criminal Action Based Upon The Alleged Pendency Of A Prejudicial Question In A Civil Action Is Filed In The Criminal Action 1. In re Basa 41 Phil. ask the adverse party to comment on the motion if no such comment or opposition has not yet been filed. 71 Ibid. Rule 119. 79 SCRA 694. supra. 58876.2 Failure to testify refers exclusively to defendant’s will or fault. A prejudicial question is a question based on a fact 1 1 1 1 1 1 1 1 1 1 1 In re Abesamis. L-23092. his/her sworn statement shall be inadmissible in evidence. his/her confession of his/her participation in the commission of the crime is admissible as evidence against him. determine if a prejudicial question exists.1 Unless accused fails or refused to testify against his/her co-accused in accordance with his/her sworn statement constituting the basis of his/her discharge. Sandiganbayan. 167concubinage. note 165. Beberino. 74 People v. 740 [1949]. L-60613. where an accused who turns State’s evidence on a promise of immunity but later retracts and fails to keep his/her part of the agreement. 73 Ibid. Republic 103 Phil 1114 [1958]. Jamero. 75 People v. 68 In re Isada 60 Phil. Sec. At the hearing of the motion. Sec. 168There is no moral turpitude for conviction for or playing mahjong 169 Effects of Discharge 1. G. 171 2. 72 Rules of Court. No. 174 2. 166abduction with consent. 915 [1934]. Erroneous or improper discharge of state witness does not affect the competency and quality of the testimony of the discharged defendant. 102 Phil 1182 [1958]. 17. 275 [1920]. 66 67 . 2. Thereafter. 76 People v. October 29. April 20. No. 170If the court denies the motion to discharge of the accused as state witness. November 27. Ramos v. 135 SCRA 732. Rule 119. 1985. 1990.3 Extrajudicial Confession: Admissibility. Evidence adduced in support of the discharge shall automatically form part of the trial. R. Mangubat v. 175 3. Mendiola 82 Phil.

February 28. 19 SCRA 502.1 Examples Where a man was charged with bigamy by his second wife. No. 80 Ras v. Rasul. The annulment on the aforesaid ground would prove that his act of contracting that marriage was involuntary. Celdran. Rule 111. the accused. September 18. 2. 82 Fortich-Celdran v. 83 Rules of Court. and (c) the cognizance of the prejudicial question pertains to another tribunal. (b) the resolution of such issue determines whether or not the criminal action may proceed. 1961. 112 Phil. 1967. to be determined in the civil action. hence. L-50441-42. 100 SCRA 125. Sec. 4 SCRA 510.2 Elements of prejudicial question The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. 179The question of validity of said marriage cannot ordinarily be decided in the criminal action for bigamy but in the civil action for annulment. but defendant raised the defense that his signature appearing on the deed of sale to plaintiff has been forged – the question of validity of the sale to plaintiff. 180 2. 177Its essential elements are: (a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action. Aragon 94 Phil 357 [1954].4 Finally. Nos.distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused. 182 2. No. 6. L-22677. Concepcion. February 28. February 27. and (b) the resolution of such issue determines whether or not the criminal action may proceed.3 Note also although the present Rule does not specify who may file the motion or petition for suspension of the criminal proceedings on the ground of pendency of a prejudicial question. Benitez v. Sec. 1 SCRA 593.' 183Accordingly. Montesa No. L-14534. 105 [1961]. 81 Rules of Court. 181 The law limits a prejudicial question to a previously instituted civil action not to a subsequent one. no criminal liability would attach. People v. Macadaeg. 1980. 79 Zapanta v. it may be filed before the court trying the criminal action only 'before the prosecution rests. 7. 77 78 . 178 2. In a civil action brought by plaintiff to annul the sale of land by defendant to a third party – the plaintiff alleging that the same land was previously sold by the defendant to him. any party – the prosecutor. is prejudicial to the criminal action for Estafa filed by plaintiff against said defendant. 1 1 1 1 1 1 1 Mendiola v. note that while such petition to suspend may be filed in the office of the prosecutor or the court conducting the preliminary investigation. a civil action filed by him against her for the annulment of their marriage on the ground that he was forced to contract said subsequent marriage is a prejudicial question to the criminal action. L-16874. or the private prosecutor – may file the petition. the petition should be denied if it is filed after the prosecution has rested. Rule 111. 1962.

Art. the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. The title of the case should be amended to show its civil aspect by including the name of the offended party as plaintiff and the legal representative or heir of the accused substituted as defendant. The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. The Rules of Disqualification and Inhibition 1. 1975. 67 SCRA 394. the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate. as the case may be. 4. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. 86 Torrijos v. 4. 186 8. No. Court of Appeals. The determination of its finality is only provisional. What A Judge Should Do In Case A Motion For Disqualification Or Inhibition Is Filed A.If a petition to suspend is filed with the Prosecutor’s Office. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased. 2. 89 (1). Code of Judicial Conduct 1 1 1 Revised Penal Code. October 24. Ascertain veracity of report with submission of Death Certificate and Comment from prosecution. 84 85 . The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice 7. 185 3. However. 5. Rules of Court. Rule 111. direct counsel for the accused to inform court of the names and addresses of the decedent’s heirs or whether or not his/her estate is under administration and has a duly appointed administrator. L-40336. Sec. Before ordering substitution. the petition to suspend may be again filed before the Court. 6. If the accused dies before arraignment. and the same is denied. What A Judge Should Do If Accused Is Reported To Have Died 184 1.

stating the grounds therefor. or the judge or lawyer was a material witness therein. for just or valid reasons other than those mentioned above. or his wife or child. or in which he has presided in any inferior court when his ruling or decision is the subject of review. shall be incorporated in the record of the proceeding. or in which he has been executor. and the official shall thereupon proceed with the trial. His decision shall be forthwith made in writing and filed with the other papers in the case.12 may. 2. – A judge disqualified by the terms of Rule 3.13. proceedings where: (a) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding. or by reason of. among others. in writing. signed by them and entered upon the record. while ground for inhibition is addressed . 2. guardian. legatee.Rule 3. (d) The judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree. These cases include. 1. or a former associate of the judge served as counsel during their association. Sec. Rules of Court – Rule 137 Sec. in the subject matter in controversy or in a party to the proceeding. creditor. trustee or lawyer in the case or matters in controversy. without the written consent of all parties in interest. is pecuniarily interested as heir. or any other interest that could be substantially affected by the outcome of the proceeding.12. Disqualification of judges. disqualify himself from sitting in a case. fiduciary. based on such disclosure. how made and effect. in which he is related to either party within the sixth degree of consanguinity or affinity. trustee or counsel. – No judge or judicial officer shall sit in any case in which he. computed according to the rules of the civil law. the parties and lawyers independently of the judge’s participation. disclose on the record the basis of disqualification. the party objecting to his competency may. Rule 3. or withdraw therefrom in accordance with his determination of the question of his disqualification. – If it be claimed that an official is disqualified from sitting as above provided. all agree in writing that the reason for the inhibition is immaterial or insubstantial. Distinction Between Ground For Disqualification Or Inhibition A ground for disqualification gives the judge no discretion. creditor or otherwise. the judge may then participate in the proceeding. (c) The judge’s ruling in a lower court is the subject of review. or to counsel within the fourth degree. The agreement. administrator. file with the official his objection. his decision in favor of his own competence until after final judgment in the case. If. administrator. but no appeal or stay shall be allowed from. (b) The judge served as executor. guardian. – A judge should take no part in a proceeding where the judge’s impartiality might reasonably be questioned. B. (e) The judge knows the judge’s spouse or child has a financial interest. Objection that judge disqualified. or otherwise. signed by all parties and lawyers. instead of withdrawing from the proceeding. In every instance the judge shall indicate the legal reason for inhibition. A judge may. as heir. in the exercise of the sound discretion. legatee.

2. August 12. No. Test in inhibition is whether the parties can be assured that the case can be heard with the cold neutrality of an impartial judge. Court of Appeals. the inhibition is a judicial matter which does not require administrative action by the Supreme Court except under the situation discussed below: 1. 192 3. The judge is in a single sala seat and another judge from another seat has to be designated. If the judge disqualifies or inhibits himself. 191In single sala courts. September 18. many cases would have to be 1 1 1 1 1 1 Pimentel v. D. 91 Hacienda Benito v. 92 Adm. L-29734. And the recusing judge should be assigned one additional case to offset the case that he re-raffled. appropriate adjustments must be made in the raffle of cases so that the judge to whom the case is re-raffled should be credited with one new case. Salanga. Matter No. L-75297. Judge must either recuse himself or proceed with the case. The mere filing of an administrative case against respondent judge is not a ground for disqualifying him from hearing the case. 1988. 1987. SC Circular No. 10. 87 88 . 21 SCRA 160. 1. Submission for approval or notation to the Supreme Court of order of inhibition is required where: 1. E.to the sound discretion of the judge. then the judge should merely send his/her order to the Executive Judge for re-raffle in a multiple sala court. January 28. Minute Resolution. 188 2. The judge should send the copy of his/her Order of Inhibition or Disqualification to the Executive Judge for re-raffle of the case. There should be no exchange of cases between the recusing judge and the judge to whom the case is re-raffled. 153 SCRA 46. Significant Rulings 1. or demand the immediate inhibition of the judge on the basis of his/her being so charged. Santos 112 Phil. 90 Gutierrez v. 1990. for if on every occasion the party apparently aggrieved would be allowed to either stop the proceedings in order to await the final decision on the desired disqualification. October 4. However. May 22. 90-8-1863RTC. 189 If the situation is not as described above. 89 Adm. judges should exercise prudence and discretion to avoid unnecessary problems and waste of time resulting in the transfer of the case to another sala. 1967. 184 [1961]. 190 2. he cannot do both by first disposing of the case and then inhibiting himself. 1987. Circular No. 187 C. The judge is in a multiple sala seat and there is a conflict of opinion between the recusing judge and the judge designated on the propriety of inhibition or disqualification.

does not disqualify the judge from hearing the case on the merits because this is not yet a final determination. The fact that the judge issued a writ of preliminary prohibitory injunction on the question of whether the carousel was an attractive nuisance. 193 4. 175 SCRA 659. 98699. 194 5. M. A. A judge cannot sit any case in which he was a counsel without the written consent of all the parties in interest. 95 McDonald’s Corporation v. 1989. No. Nos. July 25. 1988. (Minute Resolution. Marquez.kept pending or perhaps there would not be enough judges to handle all the cases pending in all the courts. R. 86587-93. An adverse provisional ruling does not disqualify a judge. Andal. MTJ-87-123. Lorenzo v. R. 162 SCRA 546. Court of Appeals. June 27. July 15. The rule is explicit that he must secure the written consent of all the parties. G. G. No. First Division) 93 94 . 1991. not a mere verbal consent much less a tacit acquiescence. signed by them and entered upon the record. He cannot proceed just because there was no objection from any of the parties. 195 1 1 1 Aparicio v.

8493 (An Act to Ensure a Speedy Trial of All Cases Before the Sandiganbayan. Municipal Trial Court in Cities. not more than four (4) cases shall be scheduled for trial daily. CONDUCTING THE TRIAL 1. with judicious exercise of the court’s power to control trial proceedings to avoid delay. 38-98. 5. However. Supreme Court. upon verified motion based on compelling reasons.6. 6. Supreme Court Circulars Circular 3-99 A. Municipal Trial Court. The judge must take notes of the material and relevant testimonies of witnesses to facilitate his decision-making. Appropriate disciplinary sanctions may be imposed on the judge and the lawyers for failure to comply with the requirement due to causes attributable to them. entitled 'Implementing the Provisions of Republic Act No. the judge may allow a party additional trial dates in the afternoon. Regional Trial Court. the party is deemed to have completed the presentation of evidence. provided that said extension will not go beyond the three-month limit computed from the first trial date except when authorized in writing by the Court Administrator. 8. 2. Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. The Presiding Judge shall make arrangements with the prosecutor and the Public Attorney’s Office (PAO) so that a relief prosecutor and a PAO attorney are always available in case the regular prosecutor or PAO attorneys are absent. Contingency measures must likewise be taken for any unexpected absence of the stenographer and other support staff assisting in the trial. 4 dated 22 September 1988. The issuance and service of subpoenae shall be done in accordance with Administrative Circular No. Trial 1. After the lapse of said dates. Metropolitan Trial Court. and Municipal . The judge shall conduct trial with utmost dispatch. 4. 7. The trial shall be terminated within ninety (90) days from initial hearing. All trial judges must strictly comply with Circular No. Unless the docket of the court requires otherwise. 3.

except as otherwise authorized by the Supreme Court. 2. Narvasa on September 15. month and year when the 90-day period is to expire. Appropriating Funds Therefor. The trial shall commence within thirty (30) days from receipt of the pre-trial order. As a constant reminder of what cases must be decided or resolved. Pertinent Rules 1. the accused shall have at least fifteen (15) days to prepare for trial. 2. Compliance With Periods 1. 8. as well as the trial notes of the judge. 3. Time to prepare for trial After a plea of not guilty is entered. Sec. As soon as a case is submitted for decision. 6. it must be noted in the calendar of the judge. It may be postponed for a reasonable period of time for good cause. The court shall. Article VIII of the Constitution. Exclusions 1 1 96 97 SC Circular 38-98. . 3. 1998. In criminal cases. the records shall be duly collated with the exhibits and transcripts of stenographic notes. postponements Trial once commenced shall continue from day to day as far as practicable until terminated. and for Other Purposes)' issued by the Honorable Chief Justice Andres R. Sec. Continuous trial until terminated. Circular 38-98. after consultation with the prosecutor and defense counsel. 196 2. the judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial. set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. 197 The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. All Judges must scrupulously observe the period prescribed in Section 15. noting therein the exact day. moreover. and placed in the judge’s chamber. which should be set within 90 days from the submission of the case for decision.Circuit Trial Court. 3. the judge must keep a calendar of cases submitted for decision.

3 Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. and (7) delay reasonably attributable to any period.1 Any period of delay resulting from other proceedings concerning the accused.5 A reasonable period of delay when the accused is joined for trial with a co-accused over whom . not to exceed thirty (30) days. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence. Provided. during which any proceeding concerning the accused is actually under advisement. 3. (5) delay resulting from orders of inhibition. 3. 3.The following periods of delay shall be excluded in computing the time within which trial must commence: 3. any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. including but not limited to the following: (1) delay resulting from an examination of the physical and mental condition of the accused. (6) delay resulting from a finding of the existence of a prejudicial question. resulting from the absence or unavailability of an essential witness. (2) delay resulting from proceedings with respect to other criminal charges against the accused.4 If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense.2 Any period of delay. For purposes of this subparagraph. an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. (3) delay resulting from extraordinary remedies against interlocutory orders. that the delay does not exceed thirty (30) days. (4) delay resulting from pre-trial proceedings. or proceedings relating to change of venue of cases or transfer from other courts. 3.

and for the third twelve-month period. the court may extend it but not to exceed one hundred eighty (180) days from notice of said order for a new trial. Sec. Factors for granting continuance The following factors. Extended time limit Notwithstanding the provisions of section 1(g). Sec. 01 Ibid. or as to whom the time for trial has not run and no motion for separate trial has been granted. no continuance under section 3(f) of this Rule shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. 11. 10. the time limit shall be eighty (80) days. SC Circular No. the time limit shall be one hundred twenty (120) days. Sec. 3. or on motion of either the accused or his counsel or the prosecution. 1998. 98 99 . among others. 199 5. 38-98 for the first twelve-calendar-month period following its effectivity on September 15. due to the number of accused or the nature of the prosecution or otherwise. Sec. Time limit following an order for new trial If the accused is to be tried again pursuant to an order for a new trial.1 Whether or not the failure to grant a continuance in the proceeding would be likely to make a continuation of such proceeding impossible or result in a miscarriage of justice. the trial shall commence within thirty (30) days from notice of the order. shall be considered by a court in determining whether to grant a continuance under subparagraph (f) of Section 9 of SC Circular 38-98. 9. Rule 116 and Section 1.the court has not acquired jurisdiction.6 Any period of delay resulting from a continuance granted by any court motu proprio. 7. that it is unreasonable to expect adequate preparation within the periods of time established therein. 4. Ibid. if the court granted the continuance on the basis of his findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. 00 SC Circular 38-98.. 198 4. the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days.2 Whether or not the case taken as a whole is so novel. provided that if the period becomes impractical due to unavailability of witnesses and other factors. In addition. 201 1 1 2 2 SC Circular 38-98. 200 6. and 4. unusual and complex. For the second twelve-month period.

Sec. Public attorney’s duties where accused is imprisoned If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained.4 When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial. or prosecutor. the court may punish such counsel.1 Shall promptly undertake to obtain the presence of the prisoner for trial. 8. the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. 2 02 SC Circular 38-98. either because he is charged with a bailable crime and has no means to post bail.2 Upon receipt of that notice. as follows: (1) By imposing on a counsel privately retained in connection with the defense of an accused.7. . 202 8. or is serving a term of imprisonment in any penal institution. attorney. 7. Sanctions In any case in which private counsel for the accused. it shall be his duty to do the following: 7. 7. the latter shall cause notice to that effect to be sent promptly to the public attorney. 12. or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand trial. or is charged with a non-bailable crime.1 Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial. 8. the public attorney. the public attorney shall promptly seek to obtain the presence of the prisoner for trial.2 Files a motion solely for delay which he knows is totally frivolous and without merit. or 8. 7. or the prosecutor: 8.000.3 Upon receipt of such notice.4 Willfully fails to proceed to trial without justification consistent with the provisions hereof. a fine not exceeding Php 20.3 Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance. the prisoner shall be made available accordingly.

(3) The prosecution and the defense may. present rebuttal and sur-rebuttal evidence unless the court. article III. in the proper case. 03 04 . Sec. of the 1987 Constitution. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules. if any. Sec. 13. Rule 116 and Section 1. public attorney. or prosecutor a fine not exceeding Php 5. 205 11. 05 Circular 38-98. permits them to present additional evidence bearing upon the main issue. Order of trial The trial shall proceed in the following order: (1) The prosecution shall present evidence to prove the charge and. in furtherance of justice. as extended by Section 6 of this rule. 2 2 2 Circular 38-98.(2) By imposing on any appointed counsel de oficio. Circular 38-98. in that order. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under section 3 of this rule. the civil liability. 15. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section. The dismissal shall be subject to the rules on double jeopardy. 204 10. 14. 203 9. Sec. Law on speedy trial not a bar to provision on speedy trial in the Constitution No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by section 14(2). Remedy where accused is not brought to trial within the time limit If the accused is not brought to trial within the time limit required by Section 1(g). arising from the issuance of a provisional remedy in the case. and (3) By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days.000. (2) The accused may present evidence to prove his defense and damages. the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial.

(2) the substance of his/her testimony. 3. issue an order requiring compliance by movant with the notice requirement with the warning that the motion shall be disallowed if not complied with. 4. Sec. hear the motion at the time set therefor. issue an order denying it. particularly as regards notice and service thereof. 2 2 06 07 Rules of Court. and (3) that the witness is so sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial. or resides more than 100 kilometers from the place of trial and has no means to attend the same. the order of trial may be modified. 2. other similar circumstances exist that would make him unavailable or prevent him from attending the trial. Check sufficiency of the motion. (5) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. apart from the foregoing. If satisfied that the examination of the witness is necessary. if the order be granted by a court of superior jurisdiction. 4.3 that the motion shall be supported by affidavit of the accused and such other evidence as the court may require. Rule 119. Sec. before an inferior court designated in the order). keeping in mind that the governing rule206 requires the following: 1. . or that. the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. or. Rule 119. If the motion complied with the notice requirement. If the motion does not comply with the notice requirement. 5. Rules of Court. conformably with the governing rule207 as follows: 5. and the contents of the motion. with a concise statement of the reason(s) for the denial. If the motion is found to be unmeritorious.(4) Upon admission of the evidence of the parties. 4 . 5 . and 1. issue an order directing and providing.1 that the witness be examined at a specified time and place before the judge ordering the examination (or before any other judge or if not practicable. any member of the Bar in good standing so designated by the judge in the order.2 that the motion shall state: (1) the name and residence of the witness.1 that there be notice to all other parties: 1. How To Deal With Accused’s Motion For Examination Of His/Her Witness Before Trial 1.

with warning that the motion shall be disallowed if not complied with. Sec. 3. Rule 119. 1. . 3. issue an order denying it. such examination to be conducted in the same manner as an examination at the trial. hear the motion at the time set therefor. If the motion is found to be unmeritorious. issue an order directing and providing. 3.3 that the examination shall proceed notwithstanding the prosecutor’s absence.2 that a copy of the order be served on the prosecutor within a given time prior to that fixed for the examination.1 If the motion does not comply with the notice requirement. issue an ordering requiring compliance by movant with the notice requirement. How To Deal With Prosecution’s Motion For Examination Of Its Witness Before Trial 1. and 3.2 If the motion complied with the notice requirement.4 that a written record of the testimony shall be taken. 1. 2 08 Rules of Court. if it appears that he was duly notified of the hearing. and the contents of the motion. as follows: 3. and 5. 5. particularly as regards notice and service thereof. If the motion is found to be meritorious.5.1 that the witness be examined before the court at a specified time. conformably with the said governing rule. keeping in mind that the governing rule208 requires (a) that there be notice to the accused and (b) that there be a showing that the witness is too sick or infirm to appear at the trial or has to leave the Philippines with no definite date of returning thereto. 2. Check sufficiency of the motion. 7 .3 that the accused shall attend the said examination and his/her failure or refusal to do so despite due notice shall be deemed a waiver.4 that the statement thus taken may be admitted in behalf of or against the accused.2 that a copy of the order be served on the accused within a given time prior to that fixed for the examination. 5. with a concise statement of the reason(s) for the denial.

Checklist Steps To Take When Demurrer To Evidence Is Filed 1.1 Suspend the proceeding and order his/her mental examination and/or confinement in the National Centre for Mental Health or any mental institution in the locality recognized by the government. Determine whether the filing of the demurrer to evidence is made after the prosecution has rested its 2 2 09 10 Rules of Court. Demurrer to Evidence 1. Rules of Court. 6. 2. with notice to the parties. in the presence of the accused or notwithstanding his/her absence. 209 7. the prosecutor and the person having charge of the accused or his/her relatives. If the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully comprehend or stand trial: 2. hold the hearing for the examination of the witness. the same to be conducted in the same manner as an examination at the trial. . At the same time set therefor. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt. Set the motion for hearing on the date suggested by the movant or fixed by the court.4. 2. the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. Sec. If A Motion For Confinement Of An Accused In A Mental Hospital Is Filed 1. 210 3. order his/her immediate discharge and set the case for the continuation of the proceedings. Rule 101 . A demurrer to evidence is a motion to dismiss the case on the ground of insufficiency of evidence after the prosecution has rested its case 2. 23. if it appears that he was duly notified of the hearing. The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. their counsel. Rule 119. After the prosecution rests its case. with a directive to the Director of the hospital or mental institution to submit a quarterly report on the accused’s mental condition.2 On the basis of the report that the accused has fully recovered and can stand trial.

G. otherwise. 5. the judge may. Certiorari does not lie to challenge the trial court’s interlocutory order denying the accused’s motion to dismiss. 11 . 4. 7. 165 SCRA 148. If the demurrer to evidence is properly filed after the prosecution has rested its case.case. 1989. 6. Sison. is an error of judgment and not of jurisdiction. of the trial court. 3. the trial court’s denial of the motion may not be disturbed and may only be reviewed in the ordinary courts of law by an appeal from the judgment after trial. When demurrer to evidence is granted The dismissal is one on the merits which is equivalent to an acquittal. The appellate court will not review in such special civil action the prosecution’s evidence and decide in advance that such evidence has or has not yet established the guilt of the accused beyond reasonable doubt. with hearing in either case. the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. 211 2. Court’s discretion in the grant or denial of demurrer to evidence Judicial action on a demurrer to evidence or motion to dismiss is left to the exercise of sound judicial discretion. 1976. Court of Appeals. deny the motion for being prematurely filed. No. motu proprio or upon motion. December 9. L-80814. R. 179 SCRA 648. the accused may adduce evidence in his/her defense. If leave of court is granted. amounting to lack of jurisdiction. When demurrer to evidence is denied If the court denies the demurrer to evidence filed with leave of court. No. 86025. 12 People v. The City Court of Silay. November 28. reopen the proceedings to avoid a miscarriage of justice. The proceedings shall be 2 2 Aquino v. Reopening At any time before finality of the judgment of conviction. for the error. When the demurrer to evidence is filed without leave of court. 212 8. 74 SCRA 247. Certiorari is not the proper remedy. give the prosecution an opportunity to be heard whether in oral argument or in writing. August 30. the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. hence. Godoy v. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. 1988. the prosecution cannot appeal as it would place the accused in double jeopardy. if any. L-43790. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. In the absence of a clear showing of grave abuse thereof.

Rule 120. Prepare the judgment personally and directly in the official language and sign the same. 2. 15 Abay v. 13 14 . 16 People v. Rule 120. No. 2 1. and the imposition of the proper penalty and civil liability provided for by law on the accused. JUDGMENT 1. Definition Judgment means that adjudication by the court that the accused is guilty or is not guilty of the offense charged. 66132. 213 7. Garcia. 24. January 29. 162 SCRA 665. G. 69564. Sec. Sec. 215This holds true with orders of dismissal. R. R. state: 2 2 2 2 Rules of Court. 1 .terminated within thirty (30) days from the order granting it. Sec. June 27. 1988. 1988. G. Rule 119. 157 SCRA 541. No. See to it that the judgment contains a clear and distinct statement of facts proved or admitted by the accused and the law upon which the judgment is based: 216 3. 214 Checklist Steps To Take In Rendering Judgment Rules of Court. If it is of conviction. Rules of Court. Escobar.

whether as principal. constitute the latter. Sec. and the aggravating or mitigating circumstances attending the commission thereof. Licerio. and impose on him the penalty for each and every one of them setting out separately the findings of fact and law in each offense. 17 18 .2 the participation of the accused in the commission of the offense. 219 An offense charged necessarily includes that which is proved. 61 Phil. February 28. the judgment shall determine if the act or omission from which the civil liability might arise did not exist. R. 105004. 68578. and the accused fails to object to it before trial. 217 3. or of the offense charged which is included in the offense proved. When two or more offenses are charged in a single complaint or information. Section 3 . and that proved or established by the evidence.3 the penalty imposed upon the accused. No. when the essential ingredients of the former constitute or form part of those constituting the latter. 1997. 361 [1935]. when some of the essential elements or ingredients of the former. Sec. In case the judgment is of acquittal. 220 2. 3. 3. 21 People v. if there are any. 1985. Rule 120. 4 . if there is any. G. 135 SCRA 280. convict the accused of as many offenses as are charged and proved.1 the legal qualification of the offense constituted by the acts committed by the accused. And an offense charged is necessarily included in the offense proved. 66387-88. Basoy. Extent of Damages Awarded in Civil Liability Arising from Crimes Civil liability arising from crime includes. Rule 120. No. 5 . Alcid. 1986. G.3. When there is a variance between the offense charged in the complaint or information. In either case. 218 6. No. accomplice. and the offense as charged is included in or necessarily includes the offense proved. 5. July 24. exemplary damages and loss of earning capacity. as this is alleged in the complaint or information. moral damages. People v. 4. 20 Rules of Court. Rule 120. R. Morallano. unless the enforcement of the civil liability by a separate action has been reserved or waived. People v. or accessory after the fact. the accused shall be convicted of the offense proved which is included in the offense charged. Rules of Court. 276 SCRA 84. July 7.4 the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party. 142 SCRA 476. it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his/her guilt beyond reasonable doubt. R. 19 Rules of Court. G. 221 Attorney’s fees may be awarded but only when a separate civil action to recover civil liability has been 2 2 2 2 2 People v.

129 SCRA 558. R. September 25. August 28. 31 People v. note 227. 1997. G. 1998. People v. however. specify how much is the indemnity for death and how much is for moral damages and not lump the whole amount. 108919. 127569. October 21. R. 22 . No. Castillo. 24 People v. the indemnity for the victim shall be increased to the amount of Php 75. 127903. R. People v. 1998. 1998. Cordero. as in the following cases: (a) Where the acquittal is based on reasonable doubt232 as only preponderance of evidence is required in civil cases. People v. 227 Civil indemnity or actual and compensatory damages if committed or effectively qualified by any of the circumstances under which the death penalty is authorized by law. 1998. People v. 293 SCRA 411. August 25. People v. 249 SCRA 54. July 9. September 6. supra. 1994. R. People v. 130203-4. No. 306 SCRA 228. 32 Padilla v. R. R. People v. Malapo.filed or when exemplary damages are awarded. supra. Quilaton. February 15. No. 274 SCRA 387. 26 People v. Prades. note 227. January 23. Nos. G. 268 SCRA 764. G. 1996. 39999. 2 2 2 2 2 2 2 2 2 2 2 People v. supra. Nos. Mangila. Mostrales. Jalandoni. R. February 18. 225 In rape cases a civil indemnity of Php 50. Prades. Teehankee. 224Civil indemnity is separate from moral damages. 263 SCRA 122. 1992. Court of Appeals. Court of Appeals. 296 SCRA 658. R. No. 123115. G. 1998. May 31. 205 SCRA 279. People v. 1984. 125080. 1999. 129529. People v. 226In addition. R. 222Life expectancy must be included in award of damages. No. February 26. R. G. No. April 21. G. July 30. L-57555. R. G. 116122. R. 25 People v.000. Victor. Villanueva. 122764. 1999. 263 SCRA 122. 296 SCRA 403. Perez. R. 231 Acquittal does not necessarily preclude civil liability. No. Jr. it is necessary to prove with a reasonable degree of certainty.000 is mandatory. 123404. the actual amount of loss. 294 SCRA 701. 30 Sumalpong v. G. Ilao. 28 People v. 123073. G. G. People v. 96469. People v. 228 Actual damages should be supported by receipts. R. Sumalpong v. R. Cordero. 1995. No. Cayabyab. 296 SCRA 17. October 11. No. 108919. No. 131 SCRA 454. G. 105004. R. 1997. G. September 24. 276 SCRA 84. 125397. Malapo. 229 To justify a grant of actual or compensatory damages. G. Marabillas. No. No. People v. R. G. 303 SCRA 352. No.. 1998. G. 294 SCRA 579. G. 126124. 127494. Manggasin. 69666. 230 Where there are no aggravating circumstances. 1999. People v. October 11. No. G. 27 People v. note 229. No. January 30. Morollano. Lozano. 1998. 1996. 1996. 292 SCRA 186. G. exemplary damages should not be awarded. Court of Appeals. No. 223 The court should. premised upon competent proof and on the best evidence obtainable by the injured party. 1997. 29 People v. R. No. 261 SCRA 493. G. R. 215 SCRA 22. moral damages in rape is automatic without the need of pleading or any proof. No. 23 People v. August 28. July 24. 130599-600. Padilla. So also actual damages if not supported by evidence may not be awarded. No. R. 111206-08. 1992. G. 2000. No. June 19. September 20. October 6.

No. 1. January 27. 2 2 De Guzman v. 97 Phil. 1. 1. 96 Phil 558 [1955]. direct the clerk of court/branch clerk of court to read the same in the presence of the accused and counsel de-parte or de officio. L-34906.5 If the accused is confined or detained in another province or city.2 To promulgate the judgment. request the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention to promulgate the judgment. Castro v. or through the warden if detained. Rules of Court).3 If the conviction is for a light offense.4 When the judge is absent or outside of the province or city. Pantig. 1962. 233and (c) Where there is a finding that the civil liability does not arise from or is not based upon the criminal act of which the accused was acquitted234 as where the accused was acquitted of malversation but was held liable for the funds which were spent for unauthorized purposes.6 The proper clerk of court shall give notice to the accused personally or through his/her bondsman or warden and counsel. L-12174.1 Direct the clerk of court/branch clerk of court to give notice to the accused personally or through his/her bondsman if bonded. Section 6. that if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal provided. the promulgation shall be made by recording the judgment in the criminal docket and serving him/her a copy thereof at his/her last known address or thru his/her counsel. 1983. 748.7 In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice. or through the custodian if out on recognizance. Promulgation Of Judgment 1. 3. 1. 1. 4 SCRA 1093. What to do (Rule 120. direct the clerk of court/branch clerk of court to promulgate the judgment. April 26. the judgment may be read in the presence of the accused’s counsel or representative. requiring him/her to be present at the promulgation of the decision. Alvia. 1. the application for bail can only be filed and resolved by the appellate court. Bello. People v. Collector of Internal Revenue. the notice to him/her shall be served at his/her last known address. 33 34 . Republic v.(b) Where there is a finding that the accused’s liability is not criminal but only civil in nature. 120 SCRA 203. If the accused was tried in absentia because s/he jumped bail or escaped from prison. 1.

35 36 . Modification of Judgment235 1. Rule 121. Ramos v. have it entered in the book of entries of judgments. No. Except when the death penalty is imposed. After the judgment has become final. Rule 36. August 31. 1976.1 Upon motion of the accused and 1. That errors of law or irregularities have been committed during the trial prejudicial to the substantial 2 2 2 2 2 Rules of Court. 37 Rules of Court.1. L-42010. Entry of Judgment 237 1.2 Before the judgment has become final or appeal has been perfected. Modify or set aside a judgment of conviction only 1. however. MOTION FOR NEW TRIAL OR RECONSIDERATION 1. 8. 238 2. Sec. 2. the accused may surrender and file a motion for leave of court to avail of these remedies. 236 5. 72 SCRA 559. direct the clerk of court/branch clerk of court to enter the judgment and prepare a certificate that such judgment has become final and executory.8 If the judgment is for conviction and the failure of the accused to appear was without justifiable cause. 39 Rules of Court. s/he shall be allowed to avail of said remedies within fifteen (15) days from notice. Within fifteen (15) days from promulgation of judgment. Rule 120. Section 7. 4. he shall lose the remedies available in these rules against the judgment and the court shall order his/her arrest. 38 The record shall contain the dispositive part of the judgment and shall be signed by the Clerk of Court. Section 2. a judgment for conviction becomes final (a) after the lapse of the period for perfecting an appeal or (b) when the sentence has been partially or totally satisfied or (c) the accused has expressly waived in writing his/her right to appeal or (d) the accused has applied for probation. Grounds For New Trial239 1. Gonong. S/he shall state the reasons for his/her absence at the scheduled promulgation and if s/he proves that his/her absence was for a justifiable cause. If no appeal or motion for new trial is filed within the time provided in the rules.

44 Rules of Court. 3. Court of Appeals. March 31. L-15256-7. 3 SCRA 495. If based on newly discovered evidence. November 29. 41 Negligence or incompetence is not a ground for new trial unless it is so gross as to amount to deprivation of due process. 1976.4 disqualification of an attorney de officio to represent the accused in trial court242 2. Ground For Reconsideration243 1. Errors of law or fact in the judgment. Form Of Motion For A New Trial Or Reconsideration244 1. 70 SCRA 257 43 Rules of Court. 2. No. 45 In criminal cases.2 negligence or incompetency of counsel241 3. That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. People v. The motion shall be in writing and filed with the court. 4. 3. Sec. 42 Jose v. 97 Phil. Rule 121. it must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which it is proposed to introduce in evidence. 40 . 398 [1955]. 9 SCRA 323. Steps to take 2 2 2 2 2 2 People v. 3. 9 SCRA 323. Sec. L-15559. Paredes v. 1963. It shall state the grounds on which it is based. October 31.1 retraction of a witness240 3.3 improvident plea of guilty. 3. 245 2. L-38581. 1961. Curiano. Borja. 3.rights of the accused. Nos. Rule 121. Bocar. such as: 3. 4. the lack of affidavits of merit in a motion for new trial is not a fatal defect and can be cured by the testimony presented at the new trial. Meritorious circumstances as determined by the court on a case-to-case basis.

246 3. Sec. In all cases. in the interest of justice. 6 . 5. In the interest of justice. take and consider together with the evidence already in the record the newly discovered and such other evidence allowed to be introduced. 247 2 2 46 47 Rules of Court. see to it that all the proceedings and evidence not affected by the commission of such errors and irregularities remain: set aside those affected thereby. let the evidence already taken stand. Rule 121. allow the introduction of additional evidence. When a new trial on the ground of errors of law or irregularities committed during the trial is granted. 5 . Rule 121. Where a motion for the decision of any question of fact: hear evidence of such motion by affidavits or otherwise. when a new trial or reconsideration is granted. 4. set aside the original judgment and render a new judgment accordingly. Sec.1. When a new trial is granted on the ground of newly discovered evidence. Ascertain whether motion is seasonably filed with notice to the prosecutor and in due form. 2. . Rules of Court.

1989. for use as a guide in drafting the Order. within fifteen (15) days from the promulgation or notice of the judgment appealed from. and (5) already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.Checklist I Steps From Filing Of Application To Referral Thereof To Probation Officer 1. (3) previously convicted by final judgment of an offense punished by imprisonment of not less than one (1) month and one (1) day and/or fine of not less than Php200. June 29. If the application appears meritorious. 248requires the following: 1. 49 Last sentence. otherwise. 84850.1 that an application for probation be filed with the trial court. second paragraph. R. issue Order giving due course to the application. November 16. 251 2. that is.3 that the applicant is not a disqualified offender. 84623. issue Order for post-sentence investigation to be conducted by the probation officer of the territory where the court sits. keeping in mind that the governing law. A disqualified offender is: (1) sentenced to serve a maximum term of imprisonment of not more than six (6) years.2 that the application be filed within the period for perfecting an appeal. (4) once on probation under the provisions of this Decree. Refer to the copy of Probation Court form for use as a guide in drafting the Order. as amended. 48 . 208 SCRA 595. Sec. 9. 249 1. issue Order denying due course to the application. 50 Llamado v. Sec. G. R. Pres. the application shall not be entertained or granted. No. 174 SCRA 566. G. Court of Appeals. G. (2) convicted of any crime against the national security or the public order. PD 965. 968. 4. Refer to the copy of Probation Court form for use as a guide in drafting the Order. 1992. Balagot. 250 1. In the absence of any showing that the applicant may not be placed on probation under existing laws. R. Decree No. Determine whether or not the probation application may be given due course. 3. as amended. Refer to the copy of Probation Court form. 4. 51 PD 968. Sample 1 REPUBLIC OF THE PHILIPPINES 2 2 2 2 Toribio v. No. If the application does not appear to be meritorious. 86561. May 8. 1992. Diaz. No. Bernardo v. 215 SCRA 526.

his/her 'Application for Probation' filed with this Court on ____________________ is hereby denied due course. is disqualified for probation for the reason that (state reason. ______________ For: _________________________ (Crime) x----------------------------------x ORDER It appearing from the records that the accused. The Branch Clerk of Court is hereby instructed to issue corresponding notices to bondsman/custodian to produce the accused or to the accused himself for the execution of sentence. sentenced to suffer imprisonment of more than six (6) years. e. (name) .REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District Criminal Case No. direct Branch Clerk of Court to issue . (If the accused is detained.g.

______________ For: _________________________ (Crime) x----------------------------------x ORDER It appearing from the 'Application for Probation' dated __________ filed with this Court on ___________ that the applicant (name) .corresponding commitment order). the application is hereby given due course. may be placed on probation under existing laws. . SO ORDERED Judge ___________________ Or other appropriate court Sample 2 REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District Criminal Case No.

the accused. Pending consideration of his/her application. ---------------------------------- --------------------------------- (Place) (Date) Judge ___________________ Or other appropriate court Sample 3 REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District .Let a copy of this Order be served upon the (Prosecuting Officer) who may take appropriate action or submit his/her comments on the application within ten (10) days from receipt thereof. (name) shall remain under confinement at the ____________/or is allowed temporary liberty under his/her bail bond/or is released to the custody (name) on the latter’s recognizance. SO ORDERED.

as well as the necessary data pertinent to the case. (name) is hereby ordered to report to the aforesaid Probation Officer within seventy-two (72) hours from receipt of this Order. The accused. 968. ______________ For: _________________________ (Crime) x----------------------------------x ORDER The Probation Officer of ____________(Province/City)__________ is hereby directed to conduct an investigation on the application for probation of the accused (name) and to submit his/her report thereon within 60 days from receipt hereof in accordance with Section 5 and 7 P. as amended.Criminal Case No. SO ORDERED. ----------------------------------------------------------------------- (Place) (Date) .D. The Clerk of Court is hereby ordered to furnish said Probation Officer with a copy of the decision.

environment. and available institutional and community resources. mental and physical condition of the offender. the offender will commit another crime. or (b) there is an undue risk that during the period of probation. that probation shall be denied if the court finds that: (a) the offender is in need of correctional treatment that can be provided most effectively by his/her commitment to an institution. 252 keeping in mind the criteria for placing an offender on probation established in Sec. Examine and consider the probation officer’s post-sentence investigation report upon receipt thereof. and. the court shall consider all information relative to the character.Judge ___________________ Or other appropriate court Checklist II Steps From Receipt Of Post-Sentence Investigation Report To Issuance Of Probation Order 1. 2 The post-sentence investigation report must be submitted by the probation officer to the Court within 60 Days from receipt of the court’s order to conduct the investigation. 8 of the Probation Law. 52 . antecedents. to wit: that in determining whether an offender may be placed on probation. or (c) probation will depreciate the seriousness of the offense committed.

. 257 Checklist III How To Deal With Incidents During Probation I. 53 54 . keeping in mind that the governing law258 provides that during the probation period. the court may. 1st par. (b) that the probation order shall state the period of probation. Hear the probationer and the probation officer on the application on the date and hour set for hearing thereof. that the Order does not set aside or otherwise do away with the judgment of conviction and that it merely suspends the execution of the sentence to give way to the probation) and explaining that upon his/her failure to comply with any of the conditions prescribed in the Order or his/her commission of another offense. Modification of Probation Condition/s or Period 1. Secs. 58 PD 968. Determine after such examination and consideration of said report whether to deny or grant the application for probation. 255and (c) that the court may impose other conditions provided the same are related to the rehabilitation of the probationer and not unduly restrictive of his/her liberty or incompatible with his/her freedom of conscience. direct the clerk of court to set the application for hearing. 10( k). PD 968. Last para.2. 253 2. he shall serve the penalty imposed in the said judgment.2 If you resolve to grant the probation application. setting forth a concise statement of the reason/s for the denial. 56 PD 968. Issue probation order to the accused. PD 968. to wit: (a) that the probation order shall contain the following mandatory conditions. keeping in mind the following particulars required by the governing law. Sec. 12. 4. 10 and 14. 2 2 2 2 2 2 An order granting or denying probation shall not be appealable. keeping in mind that the court must resolve the said application not later than fifteen (15) days after receipt of the post-sentence investigation report from the probation officer. 11. 2. Sec. 2. 256 3. Sec. issue Order denying the application. issue Order (referred to in the Probation Law as the 'probation order') 254granting the application (see attached copy of such order for use as a guide in drafting the probation order). Sec. with due notice to the probationer and the probation officer. 55 PD 968. at the same time informing him of the consequences of said Order (such as. 4. namely: (1) that the probationer shall present himself to the probation officer designated to undertake his/her supervision at such place as may be specified in the order within 72 hours from receipt of said order. and (2) that the probationer shall report to the probation officer at least once a month at such time and place as specified by said officer. 57 PD 968. sec. upon application of either the probationer or the probation officer. as amended. revise or modify the conditions or period of probation and that both probationer and probation officer must be given an opportunity to be heard thereon. On receipt of the application for modification of the condition/s and/or period of probation.1 If you resolve to deny the probation application.

If you find the application to be meritorious. issue Order either revoking the probation or continuing the probation and modifying the conditions thereof. 1990. 1984.3. direct the clerk of court to set the charge against the probationer for hearing. Mutia. L-59298. Upon receipt of the return on the probationer’s arrest and detention pursuant to said warrant. with due notice to the probationer and the probation officer. that the probationer shall have the right to be informed of the violation charged and to adduce evidence in his/her favor. as the case may be. the court may issue a warrant for the arrest of the probationer for any serious violation of the probation conditions. If the grant of probation is revoked. Sec. 2 2 2 2 2 PD 968. 59 60 . Bala v. the court shall order the probationer to serve the sentence originally imposed and that an Order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. No. that once arrested. PD 968. 61 PD 968.. and. that the State shall be represented by a prosecuting officer in any contested hearing. 13. with due notice to the probationer and the probation officer. January 29. 12. 2nd par. 2. issue Order of commitment on final sentence. 2nd par. 3. keeping in mind that the governing law261 provides pertinently that the hearing shall be summary in nature. 67301. that the provisions regarding release on bail of persons charged with a crime shall be applicable to the probationer in such case. On your own initiative or upon receipt of proper application. issue Order granting it259 with due notice to the probationer and the probation officer. keeping in mind that the governing law262 provides pertinently that if the grant of probation is revoked. Martinez. 4. the probationer shall immediately be brought before the Court for a hearing of the violation charged. 263 5. with corresponding directive for the probationer’s immediate release from custody or the cancellation of his/her bail bond. 18. issue Order denying it. II. and. Conduct the hearing as scheduled. Sec. 181 SCRA 459. 6. If you find the application to be unmeritorious. April 30. If the violation is established. Sec. 4. Revocation of Probation 1. Sec. issue Order dismissing the charge and continuing the probation under the same terms and conditions of the Probation Order. 63 Baclayon v. that the defendant may be admitted to bail pending such hearing. G. 1st par. If the violation is not established. 129 SCRA 148. that the court shall not be bound by the technical rules of evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity of the charge. No. issue Order setting forth the violation of the probation conditions charged against the probationer and directing the issuance of a warrant for his/her arrest since the governing law260 provides pertinently that at any time during probation. 2nd par. 13. 62 PD 968. R. last par.

IV. Termination of Probation 1. and other pertinent records shall be furnished the said Executive Judge. 66 Sec. 64 65 . supra. control over him shall be transferred to the Executive Judge of the Regional Trial Court (formerly. issue Order directing the final discharge of the probationer if you find that he has fulfilled the terms and conditions of his/her probation. 16. Transfer of Control over Probationer 1. On receipt of application therefor. keeping in mind that the governing law266 provides pertinently that upon the issuance of such Order the case is deemed terminated. the postsentence investigation report. the Court of First Instance) of that place265 and in such a case. keeping in mind that the governing law264 provides pertinently that whenever a probationer is permitted to reside in a place under the jurisdiction of another court. 13. 2nd par. examine and determine if the same is meritorious or not. (Order Revoking Probation) REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District Criminal Case No. ______________ 2 2 2 2 PD 968. 267 Probation Court Form No. the said Executive Judge shall have the power with respect to the probationer that was previously possessed by the court which granted the probation to the defendant. supra. note 262. Martinez. After the period of probation and upon consideration of the corresponding report and recommendation of the probation officer. a copy of the Probation Order.III. 2. that the final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his/her conviction and to fully discharge his/her liability for any fine imposed as to the offense for which probation was granted and that the probationer and the probation officer shall each be furnished a copy of such Order. Bala v. Martinez. issue Order granting the application. If meritorious. note 262. and thereafter. PD 968 67 Bala v. Sec.

The execution of the sentence originally imposed upon the said accused is . the same is approved and the probation granted to the accused. (name) .For: _________________________ (Crime) x----------------------------------x ORDER Upon the recommendation dated ______________ of the Probation Officer assigned to this case and finding the same to be well taken. is hereby revoked.

Let copies of this Order be furnished the probationer and the probation officer.hereby set for (Date) at (Place) . SO ORDERED -------------------------------- ------------------------------------- .

(Place) (Date) Judge ___________________ Or other appropriate court Probation Court Form No. . the probation is hereby modified as follows: Let copies of this Order be furnished the probation and the probation officer. (Order Modifying the Conditions of Probation) REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District Criminal Case No. ______________ For: _________________________ (Crime) x----------------------------------x ORDER Upon the recommendation dated ________________ of the Probation Officer assigned to this case and finding the same to be well taken.

______________ For: _________________________ (Crime) x----------------------------------x ORDER .SO ORDERED -------------------------------- ------------------------------------- (Place) (Date) Judge ___________________ Or other appropriate court Probation Court Form No. (Order Modifying the Conditions of Probation) REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______________________ Branch ______________________ ____________________ Judicial District Criminal Case No.

the probation is hereby modified as follows: Let copies of this Order be furnished the probation and the probation officer.Upon the recommendation dated ________________ of the Probation Officer assigned to this case and finding the same to be well taken. SO ORDERED -------------------------------- ------------------------------------- (Place) (Date) Judge ___________________ Or other appropriate court .

1996. Savage v. requires only initiatory pleading to be accompanied with a certificate of nonforum shopping omitting any mention of 'applications' as in Supreme Court Circular No. R. However. 04-94. 2000. 269 Rules of Court Rule 126 Sec. – An application for search warrant shall be filed with the following: (a) Any court within whose territorial jurisdiction a crime was committed. 2 2 68 69 Washington Distillers v. if the criminal action has already been filed.— A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense. ISSUANCE OF SEARCH WARRANTS Rules of Court Rule 126 Sec. May 11. 268 The Rules of Court. Taypin. or any court within the judicial region where the warrant shall be enforced. . the application shall only be made in the court where the criminal action is pending. (b) For compelling reasons stated in the application. 134217. G. Court of Appeals. August 22. Personal property to be seized. G. however. 3. 260 SCRA 821. Rule on Forum Shopping A search warrant was quashed because the applicant had been guilty of forum shopping as the applicant sought the search warrant from a Manila Regional Trial Court after was denied by the courts of Pampanga.VIII. No. 118151. 2. No. Hence. 1. the absence of such certification will not result in the dismissal of the application for search warrant. any court within the judicial region where the crime was committed if the place of the commission of the crime is known. R. Court where application for search warrant shall be filed.

180 SCRA 69. October 9. Chief of Staff. Sec. personally examine in the form of searching questions and answers. June 23. Meaning of knowledge. 71 Prudente v. before issuing the warrant. No. Court of Appeals. 5. the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements. R. 271in order to convince the judge. Nos. G. and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. 70 . No. 1998. R. 72 Alvarez v. December 14. Meaning of Probable Cause Probable cause for a search is defined as such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. together with the affidavits submitted. G. October 21. note 269. 1991. Silva v. National Bureau of Investigation. B. R. 285 SCRA 703. Chief of Staff. Burgos. 82870. are based on personal knowledge or not — The true test of sufficiency of a deposition or affidavit to warrant issuance of a search warrant is whether it has been drawn in a manner that perjury could be charged thereon and the affiant be held liable for damage caused. 162 SCRA 483. 1989. 1984. No. not the individual making the affidavit and seeking the issuance of the warrant of the existence of a probable cause. in writing and under oath. Manalili v. 1997. 133 SCRA 815. v. or (c) Used or intended to be used as the means of committing an offense. Personal Knowledge This probable cause must be shown to be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay. 113447. No. No. Quintero v. 280 SCRA 400. January 30. 4. August 19. Court of Appeals. The oath required must refer to the truth of the facts within the 2 2 2 Burgos. December 26. 123872. L-35149. 33 [1937]. 1988. Examination of complainant. Sr. record. R.— A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. 272 1. L-64261. supra. or fruits of the offense. G. 164 SCRA 655. Regional Trial Court of Negros Oriental. 81756. Montilla. v. Court of Appeals. 191 SCRA 429. People v. No. R. 1990. Court of First Instance of Tayabas 64 Phil. L-76649-51. Requisites for issuing search warrant. 203 SCRA 140. Basis of Probable Cause. 84873. 20th Century Fox Film Corporation v. November 16. Dayrit. 270 3. Sec. G.(b) Stolen or embezzled and other proceeds. G. Pendon v.— The judge must. No. Sr. 1988. test is liability for perjury The following test was laid in determining whether the allegations in an application for search warrant or in supporting deposition.

the applicant and his witness had no personal knowledge of the facts and circumstances which became the basis for issuing the questioned search warrant. as the only support to P/Major Dimagmaliw’s application. vis-á-vis the said applicant. 1984. P/Major Alladin Dimagmaliw stated that 'he has been informed' that Nemesio Prudente 'has in his control and possession' the firearms and explosives described therein. For it avers that they (presumably. note 270. L-50720. The Hon. Burgos v. Court of First Instance. in his supporting deposition. Angeles. vague or doubtful basis of fact. He might have clarified this point if there had been searching questions and answers. the records yield no questions and answers. Prudente v. and April 6 Movement. but there were none. supra. P/Lt. Executive Judge A. Movement for Free Philippines. The facts recited in an affidavit supporting the application for a search warrant must be stated with sufficient definiteness. Florencio C. affidavits which go no further than to allege conclusions of law. P/Lt. whether searching or not. Dayrit In his/her application for search warrant.personal knowledge of the applicant for search warrant. No. Hence. 128 SCRA 388 75 Quintero v. Mata v. they gathered informations from verified sources that the holders of the said firearms and explosives are not licensed to possess them. if they are false. 2 2 2 Alvarez v. or of fact. 73 74 .M. illegal organizations such as the Light-A-Fire Movement. While it is true that in his application for search warrant. supra. not of the facts merely reported by a person whom one considers to be reliable. Such written deposition is necessary in order that the Judge may be able to properly determine the existence or non-existence of the probable cause. so that. In other words. and/or his/her witnesses. as a result of their continuous surveillance for several days. nor on mere suspicion or belief.' 3. and the said deposition is based on hearsay. Chief of Staff. Bayona. March 26. Angeles declared that. National Bureau of Investigation. 275 Equally insufficient as a basis for the determination of probable cause is a statement contained in a joint affidavit 'that the evidence gathered and collated by our unit clearly shows that the premises abovementioned and the articles and things above-prescribed were used and are continuously being used for subversive activities in conspiracy with and to promote the objective of.' On the other hand. are insufficient. What the records show is the deposition of witness. to hold liable for perjury the person giving it if it will be found later that his/her declarations are false. and that he 'has verified the report and found it to be a fact. 273 2. note 272. 274 Search warrants are not issued on loose. and that he found it to be a fact. note 270. applicant P/Major Dimagmaliw stated that he verified the information he had earlier received that petitioner had in his possession and custody the firearms and explosives described in the application. The examining Judge has to take depositions in writing of the complainant and the witnesses he may produce and to attach them to the record. but acquired knowledge thereof only through information from other sources or persons. Insufficiency of Affidavits Mere affidavits of the complainant and his/her witnesses are not sufficient. supra. yet there is nothing in the record to show or indicate how and when said applicant verified the earlier information acquired by him as to justify his conclusion that he found such information to be a fact. In fact. perjury may be assigned on the affiant.

Factors that may be considered in determination of probable cause: time of application in relation to alleged offense considered in determination of probable cause The Supreme Court observed: It has likewise been observed that the offenses alleged took place from 1961 to 1964. Seizures and Immunities.277 (Italics ours. As held in the Prudente case: The oath required must refer to the truth of the facts within the personal knowledge of the petitioner or his witnesses. not the individual making the affidavit and seeking the issuance of the warrant. Thus. Dayrit. L-25232. supra. Angeles in his deposition were insufficient basis for the issuance of a valid search warrant. 276 4. note 271. Asian Surety and Insurance Co. but. Mr. Herrera. they 'gathered information from verified sources' that the holders of the subject firearms and explosives are not licensed to possess them. as a result thereof. (3) There is no rigid rule for determining whether the stated time of observation of the offense is too remote from the time when the affidavit is made or the search warrant issued.the police authorities) had conducted continuous surveillance for several days of the suspected premises and. generally speaking. while a lapse of four weeks will be held to be so. 1965. 1973. Joseph Varon. A good and practical rule of thumb to measure the nearness of time given in the affidavit as to the date of the alleged offense. and the application for search warrant was made on October 27. The time of the application is so far remote in time as to make the probable cause of doubtful veracity and the warrant vitally defective. of the existence of probable cause. the following general rules are said to apply to affidavits for search warrants: (1) x x x (2) Such statement as to the time of the alleged offense must be clear and definite and must not be too remote from the time of the making of the affidavit and issuance of the search warrant. No. because the purpose thereof is to convince the committing magistrate. has this to say on this point: subject. v. . the allegations contained in the application of P/Major Alladin Dimagmaliw and the declaration of P/Lt Florencio C. 54 SCRA 312. December 20. and the time of making the affidavit is thus expressed: "The nearer the time at which the observation of the offense is alleged to have been made. an eminent authority on Searches.) The Supreme Court observed that had the respondent judge been cautious in issuing the questioned 2 2 76 77 Prudente v. a lapse of time of less than three weeks will be held not to invalidate the search warrant. the more reasonable the conclusion of establishment of probable cause". Evidently.

leading to an administrative investigation. L-19550. L63796-7. La Chemise Lacoste. None of these requirements has been complied with in the contested warrants. and therefor asked the affiant why the said incident was reported only on May 31. 129 SCRA 373. of the complainant and the witnesses he may produce. 1967. May 21. under their provisions. to convict anybody of a 'violation of Central Bank Laws. The averments thereof with respect to the offense committed were abstract.' — as alleged in the aforementioned applications — without reference to any determinate provision of said laws or codes. either by an executive or legislative officer or agency duly authorized for the purpose. Diokno pointed to the need of competent proof of particular acts or specific omissions in the ascertainment of probable cause: Two points must be stressed in connection with this constitutional mandate. note 270. The Constitution does not distinguish between warrants in administrative proceedings. Indeed. and (2) that the warrant shall particularly describe the things to be seized. The Need of Competent Proof of Particular Acts or Specific Omissions The Supreme Court in the celebrated case of Stonehill v. 80 Qua Chee Gan v. v. A. of the highest order. As a matter of fact. 1972 when he allegedly witnessed it on May 29. Probable Cause to be Determined only by Judge A notable innovation in this guarantee is found in the Constitution in that it specifically provides that the probable cause upon which a warrant of arrest may be issued. would be a warrant of arrest to carry out a final order of deportation. or to effect compliance of an order of contempt. S. violating a given provision of our criminal laws. supra. No. Constitution. Fernandez. 279 6. by a judge. 20 SCRA 383. to be determined by the judge in the manner set forth in said provision. As a consequence. September 30. National Bureau of Investigation. Tariff and Customs Laws. and thereafter issue the warrant of arrest. Under the express terms of the Constitution. no specific offense had been alleged in said applications. Diokno. 1972. It would be a legal heresy. in the Philippine Bill or in the Jones Act. No. Internal Revenue Code and Revised Penal Code. Stonehill v. therefore. June 19. it is. Internal Revenue (Code) and Revised Penal Code. 280 2 2 2 Quintero v. even doubtful whether the arrest of an individual may be ordered by any authority other than the judge if the purpose is merely to determine the existence of a probable cause. And. the same were issued upon applications stating that the natural and juridical persons therein named had committed a 'violation of Central Bank Laws. Such. This requirement — 'to be determined by the judge' — is not found in the Fourth Amendment of the U.search warrants he would have wondered. 9 SCRA 27. if one suspected of having committed a crime is entitled to a determination of the probable cause against him. etc. namely: (1) that no warrant shall issue but upon probable cause. Hence. Deportation Board.' In other words. L-10280. for example. the applications involved in this case do not allege any specific acts performed by herein petitioners.S. No. it was impossible for the judges who issued the warrants to have found the existence of probable cause for the same presuppose the introduction of competent proof that the party against whom it is sought has performed particular acts or committed specific omissions. why should one suspected of a violation of an administrative nature deserve less guarantee? Of course it is different if the order of arrest is issued to carry out a final finding of a violation. any public officer may be authorized by the Legislature to make such determination. 278 5. 1984.. as then the warrant is not that mentioned in the Constitution which is issuable only on probable cause. 78 79 . all of which do not specify who will determine the existence of a probable cause. Tariff and Customs Laws. 1963. must be determined by the judge after examination under oath.

Great reliance has to be accorded by the judge to the testimonies under oath of the complainant and the witnesses. Far more important is that the examination or investigation is not merely routinary but one that is thorough and elicit the required information. 284The examination or investigation which must be under oath may not be in public. Court of Appeals. Manner of examination In determining the existence of probable cause. 81 . 84 La Chemise Lacoste. Nos. Ponsica v. R. supra. note 278. note 274. 145 SCRA 686. A. supra. 1968. Examination is heard ex-parte and may be done in chambers but action must be expedited An application for a search warrant is heard ex-parte. 83 Pendon v. 279. 82 Luna v. S. 152 SCRA 647. It may be even be held in the secrecy of his/her chambers. Plaza. it is required that: 1) the judge must examine the witnesses personally. and 3) the examination must be reduced to writing in the form of searching questions and answers. Bayona. be merely routinary but one that is thorough and elicit the required information. not merely routinary or pro forma. No. and said answers particularly describe with certainty the place to be searched and the persons or things to be seized. 2) the examination must be under oath. 1986. supra. 87 Mata v. 1990. 1987. 288 9. Bayona. 287 The searching questions propounded to the applicants of the search warrant and his/her witnesses must depend to a large extent upon the discretion of the Judge just as long as the answers establish a reasonable ground to believe the commission of a specific offense and that the applicant is one authorized by law. 285Action on these applications must.7. supra. The examination or investigation which must be under oath may not be in public. 290 2 2 2 2 2 2 2 2 2 2 Marinas v. note 274. G. 1981. R. 84873. 283 8. The need for searching questions and answers by the judge More emphatic and detailed is the implementing rule of the constitutional injunction. be expedited for time is of the essence. 89 Mata v. 90 Roan v. 191 SCRA 429. note 274. note. 281These requirements are provided under Section 5. It is neither a trial nor a part of the trial. G. it must be under oath and must be in writing. Ignalaga. note 274. November 16. Gonzales. 282however. L-25707 and 25753-4. Fernandez. July 31. It has been ruled that the existence of probable cause depends to a large degree upon the finding or opinion of the judge conducting the examination. L-71410. if the claimed probable cause is to be established. 286The examination or investigation must not. the opinion or finding of probable cause must. Bayona. supra. L-27511. v. to a certain degree. May 14. The examining magistrate must not simply rehash the contents of the affidavits but must take his/her own inquiry on the intent and justification of the application. Rule 126 of the Rules of Court. November 25. 289 The examination must be probing and exhaustive.104 SCRA 423. Siochi. November 29. It must be under oath and must be in writing. 88 Mata v. Bayona. 72301. 26 SCRA 310. Section 4 of Rule 126 which provides that the judge before issuing the warrant personally examine on oath or affirmation the complainant and any witnesses he may produce and take their depositions in writing and attach them to the record in addition to any affidavits presented to him. 86 La Chemise Lacoste v. To repeat. No. be substantiated or supported by the record. It may be even held in the secrecy of the chambers. 85 Mata v. No. Fernandez. G. supra. however. R.

L-32409. Regional Trial Court of Negros Oriental. however. receipts. 1985. 93 People v. note 270. 272. supra. documents. 69803. 3. particularly because it is difficult to give a particular description of the contents thereof. supra. 4 of the Rules of Court. financial records. lists. Rubio. 37 SCRA 823. Rubio. 296 It was. thus authorizing the seizure of books of accounts and records 'showing all the business transactions' of 2 2 2 2 2 2 Nolasco v. R. would not satisfy the requirements for issuance of a valid search warrant. III. journals. February 27. No. it is clear that no other more adequate and detailed description could have been given. the Court said: Taking into consideration the nature of the articles so described. supra. Requisite of particular description of things to be seized The description 'is required to be specific only in so far as the circumstances will ordinarily allow' and 'where by the nature of the goods to be seized their descriptions must rather be general. 294 So also was the description 'books. held in a much later case that search warrants describing the effects to be seized as follows: Books of accounts. 1971. charging a usurious rate of interest. in violation of the law. NBI. G. correspondence. par. Court of First Instance of Tayabas. 95 Alvarez v. receipts. typewriters. 94 People v. note 272. and Rule 126. 139 SCRA 132. October 8. No. note 272. 291 Personal examination by the judge of the complainant and his/her witnesses is necessary to enable him to determine the existence or non-existence of a probable cause. 292 10. and other documents and/or papers showing all business transactions including disbursements receipts. 384 [1932].Asking of leading questions to the deponent in an application for search warrant. The description so made substantially complies with the legal provisions because the officer of the law who executed the warrant was thereby placed in a position enabling him to identify the articles. supra. vouchers. CFI. Paño. as this would mean that no warrant would issue.' The determination of whether or not a probable cause exists calls for the exercise of judgment after a judicial appraisal of facts and should not be allowed to be delegated in the absence of any rule to the contrary. credit journals. the description 'fraudulent books. Silva v." 295Justifying the sufficiency of the later description. portfolios. 293. 1. both of which prohibit the issuance of warrants except 'upon probable cause. and conducting of examination in a general manner. Ruiz. of the Constitution. Sec. pursuant to Art. 91 . which he did. 92 Bache v.' 293 Thus. chits and other papers used by him in connection with his/her activities as moneylender. 96 Alvarez v. ledgers. 57 Phil. Sec. Quintero v. supra. invoices and records' was found sufficient. balance sheets and related profit and loss statements.

U. and the articles subject of search and seizure should come in handy merely to strengthen such evidence. checks. June 26. supra. G. that it be based on probable cause. Abad Santos. too. Ruiz. if the articles desired to be seized have any direct relation to an offense committed. among others. 00 Rules of Court.. 1996. No.S. the description contained in the disputed warrant should have mentioned. Tests to Determine Particularity A search warrant may be said to particularly describe the things to be seized: (1) When the description therein is as specific as the circumstances will ordinarily allow. deeds of sale. personally determined by the judge. bank deposits and withdrawals. that it particularly describes the place to be searched. supra. amounts. dissent of J. R. ed. regardless of whether the transactions were legal or illegal. 302 Where the affidavit for the search warrant and the search warrant itself described the building to be searched as 'the building No. 02 People v. Sec. note 279. No. In this event. September 20. People v. 298or (2) When the description expresses a conclusion of fact . enumerated in the warrant.certain persons. Columbia Pictures v. 291 SCRA 400. 757. and other pertinent data regarding the receipts of payments. contracts. Rubio. 299or (3) When the things described are limited to those which bear direct relation to the offense for which the warrant is being issued. 126379. Diokno. 297 11. 01 Bache v. and to confiscate the evidence of the 2 2 2 3 3 3 3 Stonehill v. other than those articles. 301 12. 124 Calle Arzobispo. the dates. Court of Appeals. City of Manila. [1925]. 300 Thus. 262 SCRA 219.' this is a sufficient designation of the premises to be searched. 99 Ibid. it is essential. 03 Steele vs. When inside.. Description of place to be seized It does not suffice. persons. promissory notes. with reasonable effort. the applicant must necessarily have some evidence. contravene the explicit command of the Bill of Rights that the things to be seized should be particularly described and defeat its major objective of eliminating general warrants. they then had the right to arrest the persons presumably engaged in a prohibited game. It is the prevailing rule that a description of a place to be searched is sufficient if the officer with the warrant can. to prove the said offense. R. 97 98 . 303The police officers were accordingly authorized to break down the door and enter the premises of the building occupied by the so-called Parliamentary Club. ascertain and identify the place intended. for a search warrant to be deemed valid. G. Court of Appeals. 1998. messages and communication. U. Supreme Court Advance Opinions. certificates of stocks and securities. Rule 126. Philippine Islands. 2. at least. 69 Law.S. the manifest intention being that the search be confined strictly to the place also described. note 293.not of law by which the warrant officer may be guided in making the search and seizure. supra. note 292. 1924-1925. records of foreign remittances. 111267.

note 302.' 305 The principle does not apply where there is no ambiguity on the face of the search warrant as to the description of the place to be searched. it has been held 'that the executing officer’s prior knowledge as to the place intended in the warrant is relevant. supra. 06 People v. it cannot be left to the discretion of the police officers conducting the search.commission of the crime. but not otherwise. It has been held that an officer making an arrest may take from the person arrested any money or property found upon his/her person. Armed Forces of the Philippines. 304 13. And it has also been said that the executing officer may look to the affidavit in the official court file to resolve an ambiguity in the warrant as to the place to be searched. which was used in the commission of the crime or was the fruit of the crime. and only in the warrant itself. 306 3 3 3 People v. supra. 169 [1925]. Burgos v. and when he knows that the judge who issued the warrant intended the building described in the affidavit. or which may be used as evidence on the trial of the case. or the evidence they adduced in support of their application for the warrant. This would seem to be especially true where the executing officer is the affiant on whose affidavit the warrant had issued. 48 Phil. Chief of Staff. Veloso. or which may furnish the person arrested with the means of committing violence or of escaping. x x x The particularization of the description of the place to be searched may properly be done only by the Judge. 04 05 . note 272. Determination of Whether Search Warrant Describes Premises with Particularity In the determination of whether a search warrant describes the premises to be searched with sufficient particularity. Court of Appeals. The place to be searched as set out in the warrant cannot be amplified or modified by the officer’s own personal knowledge of the premises.

attorney.When the civil actions is properly instituted in the criminal action as provided in Rule 111. and (d) When the accused resides outside the Philippines. insofar as they are applicable. may be availed of in connection with the civil action deemed instituted with the criminal action. officer of a corporation. or a willful violation of duty. Availability of provisional remedies. – The provisional remedies in civil actions. the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases: (a) When the accused is about to abscond from the Philippines. . removed. 2. or is about to do so. in the course of his employment as such. agent or clerk.IX PROVISIONAL REMEDIES Rules of Court Rule 127 Provisional Remedies In Criminal Cases Sec. (c) When the accused has concealed. or by any other person in a fiduciary capacity. factor. 1. (b) When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer. or disposed of his property.. Attachment. Sec. broker.

the Court shall cause the issuance of Warrant of Arrest and Hold-departure Order against the accused. STAGES IN CRIMINAL CASES 1. Filing of the Information after preliminary investigation conducted by the Office of the Ombudsman. why the information should not be quashed. Posting of Bail 4. the second by Division – that is three (3) Justices signing the order. 4.1 Possible motion for reinvestigation filed by accused. Arrest/Voluntary Surrender of the accused 4. the Court directs the Office of the Clerk of Court to schedule a hearing on the Information notifying only the prosecution (anent said hearing the Court may call the attention of the prosecution and to direct it to file a necessary pleading why the case should not be dismissed for lack of jurisdiction.3 Possible Motion to Amend Information filed by the prosecution.PART TWO PROCEDURE IN SANDIGANBAYAN I. why the accused should not be granted bail if the Office of the Ombudsman recommends no bail but the offense as seen by the Court is bailable). Arraignment and plea 5. 2. . the first through the Chairman only.1 Possible filing of a Motion to Suspend accused Pendente Lite by the prosecution.1 If the Court finds the existence of probable cause.2 In some cases.2 Possible Motion to Withdraw Information/To Quash Information/Motion to Dismiss even if Motion for Re-Investigation is denied and/or granted. 2. (alleging that accused was deprived of his/her right to file a motion for reconsideration before the Office of the Ombudsman on the latter’s resolution/decision as mandated by Section 27 of the Ombudsman Act of 1989). Judicial determination of probable cause to be determined by the Justices concerned. 5. 2. 3. 2.

3 Presentation of defense evidence if Demurrer to Evidence/Motion to Dismiss is denied. 6 Rule VI) 6. if applicable. 8.1 Prosecution presents evidence and rests case.3 Possible Motion for Consolidation. 5. 7. during the hearing on the said Motion shall conduct/require a conditional arraignment of the accused if the case is pending re-investigation so that in the event the accused fails/refuses to return in the country. 6.1 The court will require certain conditions in the event said motion is granted such as posting of additional travel cash bond.2.5. Trial 7. 7.1 Submission of Joint stipulation of facts. 6.2.2 Possible filing of Demurrer to Evidence/Motion to Dismiss.2 Issuance of Pre-Trial Inquest (Sec. conformity of the bondsmen if any. Judgment (Decision) 9. 5. Pre-trial 6. etc.3 Pre-Trial Order reciting the actions and/or proceedings taken and the alteration of presentation of evidence if warranted. New Trial or Reconsideration 10.2 Possible Motion to Travel Abroad filed by the accused.2. 7. Appeal – Petition for Review for Certiorari under Rule 45 2. the Court. CIVIL CASES .2 In some cases where accused files a Motion to Travel Abroad before his/her arraignment. the court may opt to conduct a trial in absentia. 5.

Cases Covered 1. 39 Batas Blg. Appeal 3.1 Plaintiff presents evidence and rests case 2. 3 07 Rep. 2. 14 and 14-A promulgated by President Corazon Aquino referring to the recovery of ill-gotten wealth of former President Ferdinand Marcos/members of his family/close relatives/subordinated/cronies/agents/ dummies – by the PCGG. 4 (b) Pres. Decree No. Mode of Appeal Petition For Review (not Notice Of Appeal) pursuant to Sec.A. 8249. Memoranda if requested by the parties 4. Hearing on the validity of Writ of Sequestration or freeze or Hold Order issued by the PCGG. Trial 2.2 Defendant presents evidence and rests case 3. Act No. Those filed under Exec. 2. 129. 1. B. Pre-trial after last pleading is filed 2. Motion for Reconsideration/New Trial by any party 6. Order Nos. 1606 and Sec. 4 . Sec. Judgment 5. PROCEDURE ON APPEALED CASES (Anti-Graft cases decided by the RTC involving minor officials) 307 A. Stages in Civil Cases 1.

blogspot. Appeal to the Supreme Court. 10 Ibid. Stages in Appeals 1. Judgment 5. 310 4. 7. 5. Within forty-five (45) days from receipt of the appellant’s brief. Rule 44. exhibits. the appellant may file a reply brief answering points in the appellees brief not covered in his/her main brief. http://raj-point. Sec. Ibid. through Petition for Review on certiorari under Rule 45. Rule 44. the appellee shall file with the court seven (7) copies of his/her brief with the court which shall be accompanied by proof of service of two (2) copies thereof upon the appellant. Sec. within forty-five (45) days from receipt of said notice seven (7) copies of his/her legibly typewritten. shall require the appellant to file with the court. by the court a quo to the Docket and Records Section. etc. mimeographed or printed brief. 9. oral and documentary. Sec. 2.2 Within twenty (20) days from receipt of the appellee’s brief. 11 Rules of Court. 5. 308 4. 311 4..1 Extension of Time for filing briefs will not be allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended.3 Possible filing of a Motion for New Trial. stenographic notes. 8. 08 09 . Transmittal of the entire record. Case shall be entered into the Sandiganbayan Docket and raffled off to the proper Division.B. 3. 309 4. Sec. The Court after ascertaining the completeness of all the evidence. attached to the record. with proof of service of two (2) copies thereof upon the appellee.com/ 3 3 3 3 Rules of Court.1 Possible Motion for Reconsideration 6.

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