PHILIPPINE CHRISTIAN UNIVERSITY

COLLEGE OF LAW
Remedial Law Reviewer 2014

CIVIL PROCEDURE
A. Parts of the Pleading
a. Caption
b. Body
c. Signature and Address
d. Verification and Certification against Non-forum Shopping
FORUM SHOPPING – consists of filing multiple suits in different courts,
either simultaneously or successively, involving the same parties, to ask
the courts to rule on the same or related causes and/or to grant the same
or substantially the same relief.
Test to determine the presence of forum-shopping:
Whether in the two (or more) cases pending, there is identity of (a)
parties, (b) rights or causes of action, and (c) relief sought.
B. Manner of Making Allegations
Every pleading shall contain in a methodical and logical form a plain, concise
and direct statement of the ultimate facts, omitting the statement of mere
evidentiary facts.
a. Conditions Precedent- Pleading must state conditions precedent to the
cause of action, e.g. failure to compromise or non-compliance with
conciliation process at the barangay level.
b. Fraud, Mistake and Condition of Mind- Fraud or mistake must be stated
with particularity while malice or intent must be averred generally.
c. Actionable Document- Written instrument upon which the action or
defense is based; main object of the action. (e.g. Promissory note, deed of
mortgage, written contract)
d. Non-Actionable Document- It is some other extraneous document which is
not the main object of the action. (e.g. Demand letter)
e. How to Contest an Actionable Document
1. By specific denial under oath; and
2. By setting forth what is claimed to be the facts.
C. Specific Denial
a. Three Ways of making specific denial

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Adviser: Dean Poncevic Ceballos

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PHILIPPINE CHRISTIAN UNIVERSITY
COLLEGE OF LAW
Remedial Law Reviewer 2014

1. By specifically denying the averment and, whenever practicable, setting
forth the substance of the matters relied upon for such denial (GENERAL
DENIAL);
2. Part admission and part denial (PARTIAL DENIAL); and
3. By an allegation of lack of knowledge or information sufficient to form a
belief as to the truth of the averment in the opposing party’s pleading
(DENIAL BY DISAVOWAL OF KNOWLEDGE)
b. Negative Pregnant
A form of denial which at the same time involves an affirmative
implication favorable to the opposing party; it is in effect, an admission of
the averment to pregnant with an admission of the substantial facts in the
pleading responded to.
c. Allegations not Specifically Denied deemed Admitted
GENERAL RULE: Allegations NOT specifically denied are deemed admitted.
EXCEPTIONS:
1. Allegations as to the amount of unliquidated damages;
2. Allegations immaterial as to the cause of action; and
3. Conclusion of law.
D. Effect of Failure to Plead
GENERAL RULE: Defenses and objections that are not pleaded in a MOTION
TO DISMISS or in the answer are deemed waived.
EXCEPTIONS (not waived even if not raised):
(a)
Lack of jurisdiction over the subject matte
(b)
Litis pendentia
(c)
Res judicata
(d)
Prescription of the action
Amended Answer vs. Supplemental Answer
An AMENDED ANSWER is proper if the counterclaim or cross claim already
existed at the time the original answer was filed, but due to oversight,
inadvertence, or excusable neglect, it was not set up.
A SUPPLEMENTAL ANSWER is proper if the counterclaim or cross-claim
matures or is acquired after the answer is filed
E. Default
a. Effect of Order of Default
While the party in default cannot take part in the trial, he is nonetheless
entitled to notice of subsequent proceedings.
He may still be called on as a witness, in behalf of the non-defaulting
defendants
b. Remedies of a party declared in default
1. Before the rendition of judgment;
(a) file a motion to dismiss under oath to set aside the order of default on
the grounds of fraud, accident, mistake or excusable negligence and that

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Adviser: Dean Poncevic Ceballos

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PHILIPPINE CHRISTIAN UNIVERSITY
COLLEGE OF LAW
Remedial Law Reviewer 2014

he has a meritorious defense (Sec. 3[b] of Rule 9 ); and if reconsideration
is denied, he may file the special civil action of certiorari for grave abuse
of discretion tantamount to lack or excess of jurisdiction ( Sec. 1 of Rule
65 ); or
(b) file a petition for certiorari if he has been illegally declared in default
e.g. during the pendency of his motion to dismiss or before the expiration
of the time to answer. (Matute v. CA, 26 SCRA 768; Acosta-Ofalia v.
Sundial, 85 SCRA 412 ).
2. After judgment but before its finality;
(a.) file a motion for new trial on the grounds of fraud, accident, mistake,
excusable negligence or;
(b.) file a motion for reconsideration on the ground of excessive damages,
insufficient evidence or the decision or final order being contrary to law
( Sec. 2 of Rule 37); and thereafter, if the motion is denied, appeal is
available under Rules 40 or 41, whichever is applicable.
3. After finality of judgment
There are three ways to assail the judgment, which are:
(a) a petition for relied under Rule 38 on the grounds of fraud, accident,
mistake or excusable negligence;
(b) annulment of judgment under Rule 47 for extrinsic fraud or lack of
jurisdiction;
(c) certiorari if the judgment is void on its face or by the
judicial record.
F. Amended Pleading vs. Supplemental Pleading
AMENDED PLEADING
Refers to facts existing at the time of
the commencement of the action.
Take place of the original pleading
Can be made as a matter of right as
when no responsive pleading has yet
been filed.

SUPPLEMENTAL PLEADING
Refers to facts arising after the filing of the
original pleading.
Taken together with the original pleading
Always done with leave of court

G. When to File Responsive Pleading
ANSWER TO THE COMPLAINT - Within 15 days after service of summons,
UNLESS a different period is fixed by the court;
ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY
In case the defendant is a foreign private juridical entity;
a.) If it has a resident agent – within 15 days after service of summons to
him;

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Adviser: Dean Poncevic Ceballos

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PHILIPPINE CHRISTIAN UNIVERSITY
COLLEGE OF LAW
Remedial Law Reviewer 2014

b.) If it has no resident agent, but it has an agent or officer in the
Philippines – within 15 days after service of summons to said agent or
officer;
c.) If it has no resident agent nor agent nor officer – in which case service
of summons is to be made on the proper government office which will
then send a copy by registered mail to the home office of the foreign
private corporation within 30 days after receipt of summons by the home
office of the foreign private entity.
• In case of service of summons by publication – within the time
specified in the order granting leave to serve summons by publication,
which shall NOT be less than 60 days after notice (Rule 14, Section 15);
and
• In case of a non-resident defendant on whom extraterritorial service of
summons is made –at least 60 days.
• The court may extend the time to file the pleadings but may not
shorten them.
ANSWER TO AMENDED PLEADINGS
If the filing of an amended complaint is a MATTER OF RIGHT — within 15
days from service of amended complaint.
If the filing of an amended complaint is NOT A MATTER OF RIGHT — within
10 days counted from notice of the court order admitting the same.
ANSWER TO COUNTERCLAIM OR CROSS-CLAIM
A counterclaim or cross-claim must be answered within 10 days from
service.
ANSWER TO THIRD (FOURTH, ETC.)-PARTY COMPLAINT
The third party defendant is served with summons just like the original
defendant, hence, he also has 15, 30, 60 days from service of summons,
as the case may be, to file his answer.
REPLY
A reply may be filed within 10 days from service of the pleading
responded to.
ANSWER TO SUPPLEMENTAL COMPLAINT
Answer to a supplemental complaint must be filed within 10 days from
notice of the order admitting the same.
H. Bill of Particulars (Effects of motion if denied or granted)
BILL OF PARTICULARS – A more definite statement of any matter which is not
averred with sufficient definiteness or particularity.

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Upon the plaintiff’s own motion (Sec. or Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 5 . c. Summons a. EXCEPTIONS: 1. in whole or in part. If his motion is DENIED. The remedy of the defendant is to move for a bill of particulars or avail of the proper mode of discovery. Defendant does NOT RESIDE or is NOT FOUND in the Philippines. 2. or d. Rule 9). Demands a relief which consists wholly or in part in EXCLUDING the defendant from any interest in any property within the Philippines. Property of defendant has been ATTACHED in the Philippines. he will still have such balance of the reglementary period to file his responsive pleading. 2. 1.To acquire jurisdiction over the person of the defendant in a civil case. Motion to Dismiss GENERAL RULE: A court may not motu propio dismiss a case unless a motion to that effect is filed by a party thereto.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 An action cannot be dismissed on the ground that the complaint is vague or indefinite. It either: a. Affects the PERSONAL STATUS of plaintiff. b. 2. the motion must be filed within 10 days from service thereof. Relates to the subject which is property within the Philippines in which defendant has a LIEN or interest. Purpose . Galen 60 SCRA 234 (1976)) The motion for bill of particulars shall be filed BEFORE responding to a pleading. NOTE: In either case. the MOVANT can wait until the bill of particulars is served on him by the opposing party and then he will have the balance of the reglementary period within which to file his responsive pleading. If the pleading is a reply. it must be filed within the period granted by the Rules (Rule 11) for the filing of a responsive pleading. Modes of Service • Personal service • Substituted service c. EFFECTS OF MOTION: If the motion is GRANTED. he shall NOT have less than 5 days to file his responsive pleading. and b. counted from service of the order denying his motion. J. The action must be an action IN REM or QUASI IN REM. Rule 17). Those cases where the court may dismiss a case motu proprio (Sec. Hence. (Galeon v. Extraterritorial Service and its Requisites REQUISITES: 1. I.

(TWO-DISMISSAL RULE) b. Dismissal of Actions a. and 4. Claim or demand has been paid. Res judicata. No jurisdiction over the person of the defending party. No legal capacity to sue. 4. Where the plaintiff has previously dismissed the same case in a court of competent jurisdiction. EXCEPTIONS: 1. the remedy of the plaintiff is APPEAL. Effects of Dismissal GENERAL RULE: The action or claim may be re-filed. 9. Failure to state a cause of action. Claim is unenforceable under the Statute of Frauds. Prescription. waived. The possibility of an AMICABLE SETTLEMENT or of a submission to alternative modes of dispute resolution. ( the complaint can be re-filed) EXCEPT: 1. Pre-Trial a. 3. Unenforceability under the Statue of Frauds. Upon Motion of the Plaintiff The dismissal of the complaint is subject to the DISCRETION of the court and upon such terms and conditions as may be just.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 3. Res judicata. EXCEPTIONS: The action cannot be re-filed if it was dismissed on any of these grounds: 1. Rule on Summary Procedure (Section 4. 8. and 11. 2. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 6 . Litis pendentia. Improper venue. 2. a. 3. Grounds 1. 6. Nature and Purpose The court shall consider: 1. L. 5. The SIMPLIFICATION OF ISSUES. Extinguishment of the claim or demand. In these instances. Prescription. b. Non-compliance with a condition precedent for filing a claim. When stated to be with prejudice in the order of the court. When otherwise stated in the motion to dismiss. 2. No jurisdiction over the subject matter of the calm. abandoned. or 2. Upon Notice by the Plaintiff GENERAL RULE: Such dismissal is WITHOUT PREJUDICE. 10.Where the notice of dismissal so provides. Dismissal under this rule is WITHOUT PREJUDICE. or otherwise extinguished. 7. K. 1991 Revised Rule on Summary Procedure). or 2.

If motion granted but reversed on appeal. 1. on the ground that upon the facts presented by the plaintiff and the law on the matter. The remedy of the plaintiff is to appeal the order of dismissal. The denial is NOT appealable.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 3. Denial is INTERLOCUTORY. will not apply. The necessity or desirability of AMENDMENTS TO THE PLEADINGS. b. The advisability or necessity of SUSPENDING THE PROCEEDINGS. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 7 . 1.. The order to present evidence exparte is interlocutory and thus not appealable. a. 4. Effect of Non-appearance of defendant Cause the plaintiff to present evidence ex-parte and for the court to render judgment on the basis thereof. Judgment on Demurrer to Evidence. Rule 36 (That judgment should state clearly and distinctly the facts and the law on which it is based). the requirement in Sec. c. or of dismissing the action should a valid ground therefore be found to exist. and 9. Hence. The decision of the appellate court will be based only on the evidence of the plaintiff as the defendant loses his right to have the case remanded for reception of his evidence Order of the court is an ADJUDUCATION ON THE MERITS. Demurrer to Evidence NATURE: There is only a one-sided trial.e.A judgment rendered by the court dismissing a case upon motion of the defendant. plaintiff has not shown any right to relief. The limitation of the number of WITNESSES. b. c.Movant is deemed to have waived his right to present evidence. The defendant may ask for reconsideration and if the denial is with grave abuse of discretion he may file a petition for certiorari. Rule 36 should be complied with. The dismissal shall have the effect of adjudication on the merits and is thus final. Effect of Non-appearance of plaintiff Cause for the dismissal of the action. it is only the plaintiff who has presented evidence. 7. If motion denied. 6. made after plaintiff has rested his case.Movant shall have the right to present his evidence. or summary judgment. 8. The advisability of a PRELIMINARY REFERENCE of issues to a commissioner. i. Sec. M. 5. The possibility of obtaining STIPULATIONS or ADMISSIONS of facts and documents to avoid unnecessary proof. PURPOSE: To discourage prolonged litigations. This dismissal shall be with prejudice EXCEPT when the court orders otherwise. Such OTHER MATTERS as may aid in the prompt disposition of the case. The propiety of RENDERING JUDGMENT on the pleadings.

In criminal cases. when the RTC imposes death penalty. accident. O. Judgment on the Pleadings JUDGMENT ON THE PLEADINGS – A judgment rendered by the court upon motion of the claimant on the ground that an answer fails to tender an issue. Evidence is insufficient to justify the decision or final order 3. the losing party must never have had a chance to controvert the adverse party’s evidence. A writ of execution to be valid must conform strictly to the decision or judgment which gives it life. 2. and 2. It CANNOT VARY the terms of the judgment it seeks to enforce S. First Appeal is a matter of right EXCEPT: In civil cases. Essential Requisites of a Writ of Execution 1. the Court of Appeals shall automatically review the judgment (Section 3(d) Rule 122). 2. When is appeal a matter of right 1.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 N. Ordinary Appeal (Rule 40 and 41) a. Notice of Appeal b. Judgment or final order entered against a party by FAME. or otherwise admits the material allegations of the adverse party’s pleading. Appeal a. Motion for New Trial GROUNDS: MOTION FOR NEW TRIAL 1. Decision is contrary to law Q. If the Court of Appeals finds that death penalty should be imposed. or excusable negligence (FAME). the CA Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 8 . Motion for Reconsideration Grounds: 1. or 2. Petition for Review (Rule 42) 3. first appeal is not a matter of right of filed with the Supreme Court. Record on Appeal 2. Appeal by Certiorari (Rule 45) b.is a judicial writ issued to an officer authorizing him to execute the judgment of the court. Damages awarded are excessive 2. Writ of Execution . Newly discovered evidence P. Judgment or final order is rendered and party has been prevented by FAME from taking an appeal • For fraud to be extrinsic. Fraud. • Uniform procedure for relief from judgments of MTC and RTC R. Three modes of appeal 1. mistake. Petition for Relief GROUNDS FOR PETITION FOR RELIEF 1.

At the commencement of the action.55&) REMEDY OF THE THIRD PERSON: 1. Directed against a court. File independent action to recover his property. or 2. 16. or 3. and not allowed under Rule 39 B. agency or person to refrain from a particular act or acts. PROHIBITION 1. At any time before entry of judgment.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 shall not render judgment but certify and elevate the case to the Supreme Court for review (Section 13(a) Rule 124). ATTACHMENT: WHEN APPLICATION FOR ATTACHMENT MAY BE MADE: 1. HOW TO PREVENT THE ATTACHMENT 1. 3.BY DEPOSITING with the court from which the writ was issued an amount equal to the value of the bond fixed by the court in the order of attachment or an amount equal to the value of the property to be attached. requiring the performance of a particular act or acts. in amount equal to the bond posted by the latter to secure the attachment or in an amount equal to the value of the property to be attached exclusive of costs (Riano. TWO-FOLD PURPOSE OF ATTACHMENT: 1 . INJUNCTIONS PRELIMINARY PROHIBITORY INJUNCTION An order granted at any stage of an action or proceeding prior to judgment or final order. or ministerial functions 2. File a terceria or third party claim (similar to Sec. hence. On the ground that the court against whom the writ is sought had acted without or in excess of jurisdiction. or 2. TEMPORARY RESTRAINING ORDER Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 9 . p. PRELIMINARY MANDATORY INJUNCTION An order granted at any stage of an action or proceeding prior to the judgment or final order. or a person exercising judicial. exclusive of costs. quasi-judicial. PROVISIONAL REMEDIES A. Rule 39) 2.BY GIVING A COUNTERBOND executed to the applicant. tribunal. File a motion for intervention (This is available only before a judgment is rendered. 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. Always a main action C. requiring a party or court.To seize the property of the debtor in advance of final judgment and to hold it for purposes of satisfying the said judgment.

RECEIVERSHIP IN WHAT CASES RECEIVER MAY BE APPOINTED: Upon a verified application. 72 hours from issuance (issued ex parte): if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. removed. Procedure for the application for Replevin (Requisites): 1. 3. 2. OR that the parties have so stipulated in the contract of mortgage. SUPPORT PENDENTE LITE Support Pendente Lite is an amount of support provisionally fixed by the court in favour of the person or persons entitled thereto during the pendency of an Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 10 . one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending. in the following cases: 1. 2. or dispose of the property in litigation.In an action by the mortgagee for foreclosure of mortgage when the property is in danger of being wasted or materially injured and that its value is probably insufficient to discharge the mortgage debt.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 GENERAL RULE: No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. F. E. or by the Supreme Court. which shall be double the value of the property as stated in the affidavit. to preserve the property during the pendency of the appeal.After judgment. D.In other cases where it appears appointing one is the most convenient and feasible means to preserve. or to carry out the judgment. or to aid in execution when execution has been returned unsatisfied or the judgment debtor refuses to apply his property to satisfy judgment.  extension of the 72-hour TRO 1. or materially injured unless a receiver is appointed. REPLEVIN Replevin is the provisional remedy seeking for the possession of the property prior to the determination of the main action for replevin. 2. or by the Court of Appeals. EXCEPTION: When temporary restraining order may be issued ex parte. DURATION OF TEMPORARY RESTRAINING ORDER: 20 days from notice: if great or irreparable injury would result to the applicant before the matter can be heard on notice. or a member thereof. administer. 4. File an APPLICATION at the commencement of the action or at any time before defendant answers. executed to the adverse party.The party applying for the appointment of a receiver has an interest in the property or fund subject of the action and such is in danger of being lost. or to dispose of it according to the judgment. Applicant must give a BOND.

or other governmental regulation. or 3. SPECIAL CIVIL ACTIONS A. ordinance. or under a statute or ordinance. It also adjudicates the legal rights. b. either wholly or partially. or obligation be required to litigate among themselves in order to determine finally who is entitled to the same. Interpleader Interpleader is a special civil remedy where a person. and Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 11 . In excess of jurisdiction.Any person interested under a deed.to ask the court to make a proper interpretation of a written instrument. CERTIORARI Directed against an entity or person exercising judicial or quasi-judicial functions. or whose interest.or 2. contract or other written instrument. Do the act required. or whose rights are affected by a statute. In excess of jurisdiction. goes to court and asks that conflicting claimants to the property. or who claims no interest in the subject. With grave abuse of discretion amounting to lack or excess of jurisdiction Purpose is to annul or nullify a proceeding PROHIBITION Directed against an entity or person exercising judicial. quasi-judicial. or any other governmental regulation. executive order or regulation. Neglected a ministerial duty. Here the main action is for support and support pendent lite is the provisional remedy. With grave abuse of discretion amounting to lack or excess of jurisdiction Entity or person is alleged to have acted: 1. Who files the petition. or ministerial functions MANDAMUS Directed against an entity or person exercising ministerial functions Entity or person is alleged to have acted: 1.Before breach or violation of a right under a deed. When to file the petition. Entity or person is alleged to have acted: 1. Purpose. 2. Declaratory Relief a.1) c. 2. ordinance. will contract. without claiming any right to either. will. (Sec. Excluded another from a right or office Purpose is to have respondent desist from further proceeding Purpose is for respondent to 1. executive order.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 action for support. in whole or in part. or other written instrument. who has property (personal or real) in his possession or an obligation to perform. is not disputed by others. Without jurisdiction. B. or 3. or status of parties. or a statute. Without jurisdiction. duties.

or persons. Writ of Certiorari. Judicial and Extrajudicial Foreclosure JUDICIAL FORECLOSURE -requires court intervention . or from operation of law.Governed by Act 3135 . E. H. Petition for Mandamus. tribunal. which is the right of the State to acquire private property for public use upon payment of just compensation. in the name of the state or sovereign. Expropriation. or to some corporation or person.There is only an equity of redemption . corporations. directed to some inferior court. from usurping or exercising a jurisdiction with which they have not been vested by law. or other tribunals. D.Legal remedy available to prevent inferior courts.It is the remedy or proceeding by which the sovereign or state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Covers discretionary acts Covers discretionary and ministerial acts 2. boards.the procedure to be followed in the exercise of the right of eminent domain. which duty results from the official station of the party to whom the writ is directed.Command issuing from a court of law of competent jurisdiction.Governed by Rule 68 EXTRAJUDICIAL FORECLOSURE . G. Quo Warranto.does not require court intervention . if the claim is not well founded.It is a writ issued by a superior court to an inferior court. or if the right to enjoy the privilege has been forfeited or lost. to prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of justice.Right of redemption exists EQUITY OF REDEMPTION RIGHT OF REDEMPTION Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 12 . officers. or board. Petition for Prohibition. requiring the performance of a particular duty therein specified. To pay damages Covers ministerial acts C. board or officer exercising judicial or quasi-judicial functions whereby the record of a particular case is ordered to be elevated for review and correction in matters of law. F.

KINDS OF PARTITION 1. EXCEPTION: If a co-owner asserts adverse title to the property in which case the period of prescription runs from such time of assertion of adverse title. UNLAWFUL DETAINER Possession of defendant is inceptively lawful but becomes illegal by reason of termination of right of possession Demand is jurisdictional Plaintiff need not have been in prior physical possession 1-year period demand from date of THREE KINDS OF ACTION FOR RECOVERY OF POSSESSION ACCION INTERDICTAL ACCION PUBLICIANA Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 13 ACCION REIVINDICATORIA last . J.The process of dividing and assigning property owned in common among the various co-owners thereof in proportion to their respective interests in the property. Judicial .PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the debt within 90-120 days after the entry of judgment or even after the foreclosure sale but prior to confirmation Governed by Rule 68 Period is 90-120 days after entry of or even after the foreclosure sale but prior to confirmation Right of the debtor. strategy or stealth No requirement of previous demand for defendant to vacate premises Plaintiff must prove that he was in prior physical possession until he was deprived thereof by defendant 1-year period counted from date of actual entry or when plaintiff learned thereof. threat. Partition. Forcible Entry and Unlawful Detainer FORCIBLE ENTRY Possession of land is unlawful from the beginning due to force.procedure governed by Rule 69 2. Sections 2931 Period is within 1 year from the registration of the Sheriff’s certificate of foreclosure title I. his successor in interest or any judicial creditor or judgment creditor of said debtor or any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold to redeem the property within 1 year from the registration of the Sheriff’s certificate of foreclosure title Governed by Rule 39. Extrajudicial -no court intervention is required WHEN PARTITION MADE GENERAL RULE: It can be made anytime and the right to demand partition is imprescriptible. intimidation.

which necessarily includes the recovery of possession RTC if value of property exceeds P20.SUMMARY SETTLEMENT OF ESTATES GENERAL RULE: The settlement of the estate of the decedent should be judicially administered through an administrator or executor.000/P400. Settlement of estate of deceased persons i. litigation expenses and costs. Contempt DIRECT CONTEMPT Committed in the presence of or so near a court or judge Punished summarily without hearing.000/P400. or P50.000.000 (Manila) • If resident – place where deceased resided at time of death • If non-resident – place where deceased had estate • NOTE: MTC jurisdiction is exclusive of interest.00 in Metro Manila An action for the recovery of ownership. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 14 . attorney’s fees.00. B. MTC – Gross value of the estate does not exceed P300. provided a bond fixed by the court is filed Remedy is certiorari or prohibition Certiorari/prohibition suspends execution provided there is a bond INDIRECT CONTEMPT Not committed in the presence of the court Punished only after hearing – complaint in writing or motion or party or order of court requiring person to appear and explain.000 (Manila) ii. RULE 73 .00 in Metro Manila K.VENUE AND PROCESS JURISDICTION AND VENUE 1. damages of whatever kind. opportunity to appear and show cause Remedy is appeal Immediately executory bond is filed unless a SPECIAL PROCEEDING A. No appeal may be taken but the party adjudged in contempt may avail himself of actions of certiorari or prohibition which shall stay the execution of the judgment.00.000.000. RULE 74 . or P50.000.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Summary action for the recovery of physical possession where the dispossession has not lasted for more than 1 year MTC only A plenary action for the recovery of the real right of possession when the dispossession has lasted for more than 1 year RTC if value of property exceeds P20. RTC – Gross value of the estate exceeds P300.

Summary settlement of estate of small value (not exceeding P10. RULE 76 . within twenty (20) days after he knows of the death of the testator. D. Executor 5. Extrajudicial settlement. it is subject to a lien in favor of creditor for full period of 2 years from such distribution and such lien cannot be substituted by a bond (Rebong vs. registered and its provisions carried insofar as they are in accordance with law. If real. 2. • Bond filed is required only when personal property is involved. CUSTODIAN OF WILL TO DELIVER The person who has custody of a will shall. Devisee or legatee 3.ALLOWANCE OR DISALLOWANCE OF WILL PROBATE It is the act of proving in a court a document purporting to be the last will and testament of a deceased person in order that it may be officially recognized. 79 Phil. 324 (1947)) C. Any creditor as preparatory step for filing his claim therein. RULE 75 . Rule 74. Ibanez.000) BOND It is the value of the personal property certified by the parties under oath and conditioned upon payment of just claims under Sec. separate proceedings must be had to cover the same. Testator himself during his lifetime. 2. 4. or to the executor named in the will.PRODUCTION OF WILL. Person interested in the estate (heirs) 4.ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER WILL PROVED OUTSIDE PHILIPPINES MAY BE ALLOWED HERE It is a requirement that a will which was probated in a foreign country be reprobated in the Philippines. E. If the decedent owns properties in different countries. TWO TYPES OF ADMINISTRATION OF ESTATE PRINCIPAL ADMINISTRATION – Granted in the jurisdiction of the decedent’s domicile ANCILLARY ADMINISTRATION – Instituted where the decedent left his estate Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 15 . WHO MAY PETITION FOR THE ALLOWANCE OF A WILL: 1. Subject to the right of appeal. RULE 77 . ALLOWANCE OF WILL NECESSARY No will shall pass either real or personal estate unless it is proved and allowed in the proper court. such allowance of the will shall be conclusive as to its due execution. deliver the will to the court having jurisdiction.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 EXCEPTIONS: 1.

WHEN AND TO WHOM ISSUED WHO CAN ADMINISTER THE ESTATE 1. compensation under Rule 85. although there is a will. (Leon vs.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 • Administration extends only to the assets of a decedent found within the state or country where it was granted. ADMINISTRATOR – One appointed by the Court in accordance with the Rules or governing statutes to administer and settle the intestate estate 3. Sec. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 16 . the will does not appoint any executor. or if appointed.. LETTERS OF ADMINISTRATION It is the authority issued by the court to a competent person to administer the estate of the deceased who died intestate. ADMINISTRATOR WITH A WILL ANNEXED – One appointed by the court in cases when. 7 Must always post bond Governed by Rule 85.LETTERS TESTAMENTARY AND OF ADMINISTRATION. EXECUTOR – One named by the testator in his will for the administration of his property after his death 2. 90 Phil. Manufacturers Life Insurance Co. 7 LETTERS TESTAMENTARY It is the authority issued to an executor named in the will to administer the estate. Sec. 459 (1951) F. so that an administrator found in one state or country has no power over property in another state or country. unless the will has reached the court in any manner No such duty Testator may provide that he may serve without a bond (Court may still require but conditioned only in payment of debts) Compensation may be provided for by testator otherwise. said person is either incapacitated or unwilling to serve as such Executor Nominated by the testator appointed by the court Administrator and Appointed by the court in case the testator did not appoint and executor or if the executor refused or if the will was disallowed or there is no will (intestacy) Must present will to the court within 20 days after knowledge of death or of such appointment. RULE 78 . LETTERS OF ADMINISTRATION WITH A WILL ANNEXED It is the authority issued by the court to a competent person to administer the estate if the executor named in the will refused to accept the office.

at the same time. • A petition may.8. after hearing upon notice. WHEN MAY A PROBATE COURT APPOINT A SPECIAL ADMINISTRATOR: 1.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 G. Publication for 3 weeks 2. shall pass upon the sufficiency of such grounds.OPPOSING ISSUANCE OF LETTERS TESTAMENTAY. REQUIRED BEFORE HEARING: 1. Notice to heirs. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 17 . RULE 80 . Executor is a claimant of the estate he represents (Sec. • Any person interested in a will may state in writing the grounds why letters testamentary should not issue to the persons named therein executors. including an appeal from the allowance or disallowance of the will. a person must have material and direct. RULE 79 . PERSONS TO OPPOSE THE ISSUANCE OF LETTERS: Any person interested in the will. be filed for letters of administration with the will annexed. PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION The main issue is the determination of the person who is rightfully entitled to administration. In order to be a party. interest. Merely an interlocutory order One of the obligations is to pay the debts of the estate Cannot pay debts of the estate Appointed when deceased died intestate or did not appoint an executor in the will or will was disallowed Appointed when there is delay in granting letters testamentary or administration GENERAL RULE: Only one special administrator may be appointed to administer an estate temporarily. creditors and other persons believed to have an interest in the estate H. and the court.SPECIAL ADMINISTRATOR SPECIAL ADMINISTRATOR He is appointed when there is a delay in granting letters testamentary or of administration by any cause. The opposition may be accompanied by a Petition for the issuance of Letters of Administration with the will annexed. Rule 86) Administrator Special Administrator Appointment may be subject of appeal Appointment not subject of appeal. and not one that is only indirect or contingent. or any of them. Delay in granting of letters by any cause including appeal in the probate of the will 2.

(Matias vs. Prosecute or defend actions commenced by or against the former executor or administrator 3. Insanity or incapability to discharge the trust POWERS OF NEW EXECUTOR OR ADMINISTRATOR 1.BONDS OF EXECUTORS AND ADMINISTRATORS WHEN FILED: Before and executor or administrator enters upon the execution of his trust AMOUNT: To be fixed by the court CONDITIONS OF BOND OF SPECIAL ADMINISTRATOR: 1. Neglect to render account within 1 year and whenever required by the court 2. Neglect to perform an order or judgment of the court or a duty expressly provided by these rules 4. RESIGNATION. Make and return a true inventory 2. RULE 83 . Deliver the estate to the person appointed executor or administrator or other authorized persons J. Neglect to settle estate according to these rules 3.INVENTORY AND APPRAISAL. However. RULE 81 .REVOCATION OF ADMINISTRATION. justice and equity demand that both factions be represented in the management of the estate of the deceased. Have execution on judgments recovered in the name of former executor or administrator K. Martin) • The 3-month period is not mandatory.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 EXCEPTION: If there are two factions among the heirs and the court deems it best to appoint more than one special administrator. 101 Phil. PROVISION FOR SUPPORT OF FAMILY INVENTORY AND APPRAISAL TO BE RETURNED WITHIN THREE MONTHS • Approval of an inventory is not a conclusive determination of what assets constituted the decedent’s estate and of the valuation thereof. 852 (1957)) I. Absconding 5. DEATH. Gonzales. (Garcila vs. Render accounting when required by court 3. RULE 82 . Such determination is only provisional and a prima facie finding of the issue of ownership. an administrator’s unexplained delay in Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 18 . The fact that an inventory was filed after the 3-month period would not deprive the probate court of jurisdiction to approve it. AND REMOVAL OF EXECUTORS AND ADMINISTRATORS WHEN LETTERS REVOKED AND POWERS CEASE: When the decedent’s will is allowed and proved by the court after the issuance of letters of administration GROUNDS FOR REMOVAL OF EXECUTOR OR ADMINISTRATOR: 1. Collect and settle the estate not administered 2.

64 SCRA 385 (1975)) L. 3. Sebial.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 filing the inventory may be a ground for his removal. inquiry on the legality of the detention. RULE 85 . (Sebial vs. 2. N. COLLATERAL attack Failure to file return constitute CONTEMPT (indirect) Respondent is the DETAINER. concerned with errors committed by a court DIRECT attack Failure of respondent to file comment will not be punished by CONTEMPT and will not even be declared in default. To have access to. COURT and PREVAILING PARTY are named as respondents. 5. To possess and manage the estate when necessary. the executor or administrator failed to recover part of the estate which came to his knowledge. To make improvements on the properties under administration with the necessary court approval except for necessary repairs. a. EXCEPTION: He is not accountable for properties which never came to his possession. To examine and make invoices of the property belonging to the partnership in case of a deceased partner. For payment of expenses of administration. .ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS GENERAL RULE: The executor or administrator is accountable for the whole estate of the deceased. M. RULE 102: HABEAS CORPUS Certiorari. houses and other structures and fences and to deliver in such repair to the heirs or devisees when directed so to do by the court. Prohibition And Mandamus Special Civil Action (Rule 65) It reaches the RECORD. EXCEPTION TO THE EXCEPTION: when through untruthfulness to the trust or his own fault or for lack of necessary action. and examine and take copies of books and papers relating to the partnership in case of a deceased partner. RULE 84 .GENERAL PROVISIONS AND DUTIES OF EXECUTORS AND ADMINISTRATORS POWERS OF THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE (BERIP): 1. Reaches the body but not the record. 4. To maintain in tenantable repairs. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 19 Habeas Corpus Special proceeding. For the payment of debts b.

6) WRIT OF AMPARO (Sec. liberty. liberty. 1 To any person whose right to life.covers extralegal killings and enforced disappearances Kind of violation actual violation of aggrieved party’s rights Remedy for Sec.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 O. EXCEPTION: On the ground of lack of jurisdiction over the subject matter or over the parties. GENERAL RULE: motion to dismiss is NOT allowed. The writ covers extralegal killings and enforced disappearances or threats thereof.M NO. liberty or security is violated or threatened by an unlawful act or omission of a public official or employee. THE WRIT OF HABEAS DATA (SEC. liberty or security of the aggrieved party . WHERE TO FILE PETITION (Sec. or of a private individual or entity. 3) Family courts in the province or city where the petitioner resides or where the minor may be found. 1) It is a remedy available to any person whose right to privacy in life. RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN RELATION TO THE CUSTODY OF MINORS (A. liberty and security of the aggrieved party . or of a private individual or entity engaged in the gathering. 2) A verified petition for the rightful custody of a minor may be filed by any person claiming such right. (Sec. home and correspondence of the aggrieved party HABEAS CORPUS WRIT OF AMPARO HABEAS DATA (2007) (2008) Rights involved right to liberty of and rightful custody by the aggrieved party right to life. and security is Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 20 the RIGHT TO PRIVACY in life. 03-04-04-SC) WHO MAY FILE PETITION (Sec. 1 To any person whose right to privacy in life. and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee. family.covers extralegal killings and enforced disappearances actual or threatened violation of aggrieved party’s right Sec. liberty. collecting or storing of data or information regarding the person. and . 1) It is a remedy available to any person whose right to life. 1 To all cases of illegal confinement or detention: an actual or threatened violation of aggrieved party’s rights Sec.

organization. i. By which any person is deprived of his liberty. ascendant or collateral relatives up to the 4th civil degree of consanguinity or affinity c) Any concerned citizen. By which the rightful custody of any person is withheld from the person entitled thereto violated or threatened with violation by an unlawful act or omission of a public official or employee.e.e. collecting or storing of data or information regarding the person. i. or 2. or of a private individual or entity Respondent may or may not be an officer public official or employee or a private individual or entity Who files by the party for whose relief it is intended or by some other person in his behalf by the aggrieved party or by any qualified person or entity in the following order: a) Any member of the immediate family of the aggrieved party. spouse. but in cases of extralegal killing and enforced disappearances. may be filed by: a) Any member of the immediate family of the aggrieved party. children and parents b) Descendant. storing of data or information regarding the person. colleting c.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 1. or of a private individual or entity engaged in: a. spouse. association or institution (right to Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 21 security is violated or threatened with violation by any unlawful act or omission of a public official or employee. gathering b. children and parents b) Descendant. family. home and correspondence of the aggrieved party By the aggrieved party. ascendant or collateral relatives up to the 4th civil degree of consanguinity or affinity . home and correspondence of the aggrieved party public official or employee or a private individual or entity engaged in the gathering. family.

CA or any member thereof in instances authorized by law b. SC. SC or any justice thereof b. collected or stored. Docket and other fees Consequences of refusal to obey the writ or making a false return Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 22 c.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 file is successive) Where filed a. RTC or any judge thereof a. Sandiganbayan or any justice thereof a. 4: EXEMPT e. rules on substituted service will apply if it cannot be served. or who. 5: Only indigent petitioner is exempted Date and Time of Hearing Specified in the writ Summary hearing: shall be conducted not later than 10 working days from the date To Whom Writ is Served to the person to whom it is directed. CA or any justice thereof b. he may be punished with Imprisonment or fine for committing contempt. Sec. upon demand made by or on behalf of the prisoner. at the option of the petitioner d. Sec. RTC where petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered. RTC of the place where the threat act or omission was committed or any of its elements occurred a. If the respondent refuses to make a return or makes a false return. it is served upon the person having custody of the prisoner If the person to whom the writ is directed neglects or refuses to obey or make return thereof. SC or any member thereof a. and if not found or prisoner not in his custody. rules on substituted service will apply If the respondent refuses to make a return or makes a false return. refuses to Summary hearing: shall be conducted not later than 7 days from the date of issuance of the writ upon the respondent personally if it cannot be served. CA or Sandiganbayan when the action concerns public data files of government offices Docket and other fees upon the respondent personally . he may be punished with Imprisonment or fine for committing contempt.

it shall be returnable before such court or judge. justice. the court. If issued by the CA or Sandiganbayan or .000 and may be punished for contempt. it is returnable before such court or judge. he shall forfeit to the party aggrieved the sum of Php1. YES YES Enforceable anywhere in the Philippines regardless of which court issued the writ Enforceable anywhere in the Philippines regardless of which court issued the writ Respondent files return Respondent files return If issued by the RTC or any judge thereof. Hearing Ex Parte May the application be consolidated with a criminal action filed subsequent to the petition? Enforceability of Writ Who files the return? To Which Court the Writ is Returnable NO Enforceable anywhere in the Phil. a true copy of the warrant or order of commitment. within 6 hours after the demand therefore. – if granted by SC/CA or any member of such courts: Enforceable only within judicial district — if granted by the RTC Officer by whom the prisoner is imprisoned or the person in whose custody the prisoner is found If granted by the SC or CA or any member of such courts. it may be made returnable before the court or any member Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 23 If the respondent fails to file a return. If issued by the Sandiganbayan or the CA or any of their If issued by the RTC or any judge thereof.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 deliver to the person demanding. or judge shall proceed to hear the petition ex parte.

Sec. 9 Verified written return .may be reasonably extended by the court for justifiable grounds A general denial of the allegations in the petition shall not be allowed. justices. or before the CA or the Sandigandbayan or any of its justices. it may be returnable before such court or any justice thereof. If issued by the SC or any of its justices. or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered. or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered. it is returnable before himself. it may be returnable before such court or any justice thereof. or to any RTC of the place where the threat. collected or stored. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 24 Within 10 days from the time the petition any of their justices. of the Sandiganbayan or CA or any of their justices. Within 10 days from the time the petition . If issued by the SC or any of its justices. 9 Verified written return -period to file cannot be extended except on highly meritorious grounds A general denial of the allegations in the petition shall not be allowed. Sec. 10 Signed and shall also be sworn to if the prisoner is not produced Sec. it may be returnable before such court or any justice thereof.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Contents of Return Allowance or Disallowance of General Denial on Allegations Quantum of Proof Judgment thereof or before an RTC or any judge thereof. After the court has examined the Quantum of proof is substantial evidence. collected or stored. act or omission was committed or any of its elements occurred. or to any RTC or the place where the threat. Quantum of proof is clear and convincing evidence. act or omission was committed or any of its elements occurred. If granted by the RTC or a judge thereof. it may be returnable before such court or any justice thereof.

Petition for certiorari. Motion to dismiss 2. 3. justice or judge within 5 working days) 5 working days from date of notice of the adverse judgment (via Rule 45. Third-party complaint 7. affidavit. and is satisfied that prisoner is unlawfully imprisoned or restrained is submitted for decision (substantial evidence only) Within 48 hours from notice of the judgment or final order appealed from Order shall not be effective until a copy of the order has been served on the officer pr person detaining the prisoner and there is no appeal 5 working days from date of notice of the adverse judgment (via Rule 45. reply 8. the judgment shall be enforced by the sheriff or any lawful officers as may be designated by the court. Third-party complaint 7. Motion to dismiss 2. 3. position paper and other pleadings. Motion for a bill of particulars 5. reply 8. Prohibited Pleadings Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 25 . Motion for extension of time to file opposition.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Period to Appeal cause of the capture and restraint. Intervention 10. affidavit. Counterclaim and cross-claim 6. Counterclaim and cross-claim 6. to the SC) is submitted for decision (upon finality. Intervention 10. 1. Petition for certiorari. to the SC) 1. Memorandum for reconsideration of interlocutory orders or interim relief orders 11. Motion for extension of time to file opposition. Dilatory motion for postponement 4. position paper and other pleadings. Motion to declare respondent in default 9. Dilatory motion for postponement 4. Memorandum for reconsideration of interlocutory orders or interim relief orders 11. Motion for a bill of particulars 5. Motion to declare respondent in default 9.

Witness Protection order Criminal Procedure 1. Inspection Order 3. if the offense is punishable by fine only 3. in which event the court shall make an order for the safe keeping of the person imprisoned or restrained as the nature of the case requires 2. the judge may issue summons instead of warrant Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 26 . 14 1. Preliminary Investigation  For offenses which require preliminary investigation:  By filing the complaint with the proper officer for preliminary investigations  Refers to a complaint-affidavit. Prosecution of Offenses. 2. 3. if the complaint or information was filed after the accused was lawfully arrested without warrant 2. Unless for good cause shown. The court or judge must be satisfied that the person’s illness is so grave that he cannot be produced without any danger mandamus. or prohibition against any interlocutory order mandamus. Temporary Protection order 2.It is an action by which the State prosecutes a person for an act or omission punishable by law. or prohibition against any interlocutory order *motion for extension to file return is not allowed for writ of amparo *motion for extension to file return is not allowed for writ of amparo Sec. Arrest INSTANCES WHEN A WARRANT OF ARREST IS NOT NECESSARY (Sec.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Interim Reliefs Sec. 12 1. Rule 112 1. if the complaint or information is filed with the MTC and it involves an offense which does not require PI.9 (c). and is different from the complaint defined in Section 3 of Rule 110. the hearing is adjourned. Production Order 4.

After conviction by the RTC wherein a penalty of imprisonment exceeding 6 but not more than 20 years is imposed and not one of the circumstances below is present and proved. Upon conviction by the RTC of an offense not punishable by death. to guarantee his appearance before any court as required under the conditions hereinafter specified by the rule.It is the security given for the release of a person in custody of the law. No. 10. 1990). The power to determine the existence of probable cause is a function of the judge and such power lies in the judge alone (People vs. Who may issue a warrant of arrest. Modes of Arrest a) Arrest by virtue of a warrant b) Arrest without a warrant under exceptional circumstances as may be provided by statute. 4. bail is a matter of discretion.R. Cash deposit 4. TO BE PRESENT AND DEFEND IN PERSON AND BY COUSEL AT EVERY STAGE OF THE PROCEEDING.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 of arrest if he satisfied that there is no necessity for placing the accused under custody. Bail when discretionary 1. July 25. reclusion perpetua or life imprisonment. Bail a matter of right 1. Plea of guilty is mitigating if it is made before prosecution starts to present evidence. TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM c.  When the accused did not fully understand the meaning and consequences of his plea. Before or after conviction by the MTC 2.Rule 113) 5. This power may not be limited much less withdrawn by Congress. Corporate surety 2. 88919. admission to bail is discretionary. Before conviction by RTC except when the imposable penalty is death. 9. Arraignment and Plea ARRAIGNMENT means bringing the accused into court and informing him of the nature and cause of the accusation against him. TO BE PRESUMED INNOCENT b.  Where the information is insufficient to sustain conviction of the offense charge. Property bond 3. Bail. 7. G. 6. (Sec 5. Rights of the Accused a. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 27 . 11. Except:  Where the plea of guilty was compelled by violence or intimidation. 2. Inting. furnished by him or a bondsman. Recognizance 8. Forms of Bail 1.The 1987 Constitution speaks of a judge which means judges of all levels. reclusion perpetua or life imprisonment AND the evidence of guilt is strong.

Demurrer to Evidence -It is a motion to dismiss due to the insufficiency of the evidence presented by the prosecution to overturn the presumption of innocence in favour of the accused. • The trial shall commence within 30 days from receipt of the pre-trial order. that the court has no jurisdiction over the offense charged. On its own initiative after giving the prosecution the opportunity to be heard. This means that a MTQ may still be filed after arraignment on the ground: 1.is the examination before a competent tribunal according to the laws of the land.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014  Where the information does not charge an offense. Accused has been previously convicted or acquitted of the offense charged. 16. Effects of Motion to quash if denied or granted If the ground for the motion is either: 1. 3. EXCEPTIONS: Under Sec. Information contains averments which. Time to move to quash GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at any time before the accused enters his plea. or Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 28 . Court trying the case has no jurisdiction over the person of the accused 4.  Where the court has no jurisdiction. this adopts the omnibus motion rule. that the doctrine of double jeopardy precludes the filing of the information 14. Facts charged do not constitute an offense 2. Motion to Quash – Grounds 1. • After a plea of not guilty is entered. if true. 9. the accused shall have at least fifteen (15) days to prepare for trial. That more than one offense is charged (duplicitous information) 7. that the offense or penalty has prescribed. 2. Officer who filed the information had no authority to do so 5. facts charged do not constitute an offense 2. 17. Trial. or the case against him was dismissed or otherwise terminated without his express consent (double jeopardy) 13. 12. information does not conform substantially to the prescribed form 4. Criminal action or liability has been extinguished 8. any conviction thereunder being void. Rule 117. or 4. the court may dismiss the action on the ground of insufficiency of evidence: 1. When it can be filed? After the prosecution rests its case. no MTQ can be entertained by the court. of the facts put in issue in a case for the purpose of determining such issue. Thereafter. Court trying the case has no jurisdiction over the offense charged 3. Information does not conform substantially to the prescribed form 6. officer who filed the information had no authority to do so 3. that the facts alleged in the information charge no offense. would constitute a legal excuse or justification 9. duplicitous information 15.

4. 2. That no such admission was made. as in the pre-trial of the case. Remedy of a party who gave a judicial admission: 1. Relevant – such a relation to the fact in issue as to induce belief in its existence or non-existence. Doctrine of the “Fruit of the Poisonous Tree” – posits that all evidence (the fruit) derived from an illegal search (the poisonous tree) must be suppressed. It was made through palpable mistake. Evidence A. Judicial Admissions may be made in:  1. signed by a judge and directed to a peace officer. In the course of the trial either by verbal or written manifestations or stipulations. 2. motion or other written instrument containing such admission. 18. Search Warrant. Judgment . Upon demurrer to evidence filed by the accused with or without leave of court. In case of a WRITTEN judicial admission Motion to withdraw the pleadings. The pleadings filed by the parties. the credibility of the witness is always an issue. • Evidence on the credibility or lack of it of a witness is always relevant. Judicial admission can be made by either a party or counsel. The “chain of custody” method of authentication requires that every link in the chain of custody – every person who possessed the object since it was first recognized as being relevant to the case. In other stages of the judicial proceeding. written interrogatories or requests for admissions. commanding him to search for personal property described therein and bring it to the court. In case of an ORAL judicial admission Counsel in open Court may move for the exclusion of such admission. 2. must explain what he did with it. A matter of relationship between the evidence and a fact in issue. In every proceeding. 3. Admissibility of Evidence The evidence must be: 1. Competent – if not excluded by the law or the rules. 19. D.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 2. Admissions obtained through depositions. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 29 .is an order in writing issued in the name of the People of the Philippines.is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability provided for by law. Judicial admissions may be contradicted only when it is shown that: 1. or 2. B.

Deletions. 3. To admit as to contents of writing and where subject of preliminary crossexamination to lay the basis for confrontation. EXCEPTIONS GENERAL RULE: The original document must be produced. Any person acquainted with the object represented and testifies that the same faithfully represents the object. Establishment of the correctness or authenticity of the recording. The recording device was capable of recording testimony. and 4. EXCEPTIONS: 1. 2. When the original is a public record in the custody of a public officer or is recorded in a public office BEST EVIDENCE RULE . or b. Identification of the speakers. It must be verified by: a.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 In order that photographs may be given as evidence1. Manner of the preservation of the recording 2. When the original has been lost or destroyed. 6. execution or delivery without reference to its terms. The photographer. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 30 . 5. The operator of the device was competent 4. must be shown: (PRO-ANIV) 1. The Best Evidence Does NOT Apply in the following cases: 1. and 7. and the latter fails to produce it after reasonable notice. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole. 3. the ff. Documentary Evidence a. Testimony elicited was voluntarily made. without bad faith on the part of the offeror. When the original is in the custody or under the control of the party against whom the evidence is offered. To make testimony coherent and intelligible. additions. 2.is that rule which requires the highest grade of evidence obtainable to prove a disputed fact. It must be shown that it is the true and faithful representation of the place or object which to which they refer. 3. changes have not been made. Best Evidence Rule ORIGINAL DOCUMENT MUST BE PRODUCED. Authenticated fingerprints may be compared to fingerprints found on the crime scene. 2. When the purpose is to show the existence. For tape recordings. E. or cannot be produced in court.

2. The person who executed it. Loss. The person before whom its execution was acknowledged. Where the collateral agreement constitutes a condition precedent which determines whether the written contract may become operative or effective. Secondary Evidence SECONDARY EVIDENCE – shows that better or primary evidence exists as to the proof of fact in question. 2. It is deemed less reliable. Where there is no bona fide dispute on the contents of the documents and no useful purpose would be served by its production. explain or add to the terms of the written agreement if he puts in issue in his pleading any of the following: 1. The validity of the written agreement. it is to be considered as containing all the terms agreed upon and there can be. The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. c. 3. The due execution of the original. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 31 . Reasonable diligence and good faith in the search for or attempt to produce the original.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 4. 2. b. between the parties and their successors in interest. mistake or imperfection in the written agreement. Any person who was present and saw it executed and delivered or who thereafter saw it and recognized the signatures. EXCEPTION: A party may present evidence to modify. 3. whether oral or written. b. and 4. c. but this exception shall not apply to a condition subsequent not stated in the agreement. WHAT MUST BE PROVED TO ADMIT SECONDARY EVIDENCE a. Parol Evidence Rule EVIDENCE OF WRITTEN AGREEMENTS GENERAL RULE: When the terms of an agreement have been reduced to writing. 3. or 4. Where the collateral agreement is not inconsistent with the terms of the written contract. which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. THE DUE EXECUTION CAN BE PROVED THROUGH THE TESTIMONY OF EITHER: 1. The failure of the written agreement to express the true intent and agreement of the parties thereto.. destruction or unavailability of all such originals. or one to whom the parties thereto had previously confessed the execution thereof. no evidence of such terms other than the contents of the written agreement. PAROL EVIDENCE – any evidence aliunde. Where the collateral agreement is subsequent to or nugatory of the written contract. An intrinsic ambiguity. Where the collateral agreement has not been integrated in and is independent of the written contract as where it is suppletory to the original contract. 1.

October 14. Who May Object: Only the spouse-party and not the other spouse who is offered as a witness. Ramirez. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 32 . 2. Requisites: 1. Where the spouse-party fails to raise the disqualification seasonably. In a civil case by one spouse against the other.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 E. REASON FOR THE EXCEPTION The identity of the interest of person disappears and the consequent danger of perjury based on that identity is non-existent. It is sometimes called viva voce or by word of mouth. where the marital and domestic relations are so strained that there is no more harmony to be preserved nor peace and tranquillity which may be disturbed (Alvarez vs. 4. 3. presumes that he is competent. Testimonial Evidence . That the spouse for or against whom the testimony is offered is a party to the case. Purpose: To obviate perjury and to prevent domestic disunity and unhappiness. the security and confidence of private life which the law aims at protecting will be nothing but ideals which. a.  It does not also apply in the case of estranged spouses. That the spouse are legally married (valid until annulled). EXCEPTIONS: The rule on disqualification DOES NOT APPLY in the following: 1. Castaneds. DISQUALIFICATION BY REASON OF MARRIAGE WHEN RULE APPLICABLE The rule applies to any form of testimony. 271 SCRA 504). 473 SCRA 72. Where the testimony was made outside the marriage. The case is not one of the exceptions provided in the rule. In a criminal case for a crime committed by one spouse against the other or the latter’s direct descendants or ascendants.or oral evidence is evidence elicited from the mouth of a witness as distinguished from real and documentary evidence. merely leave a void in the unhappy home. therefore it protects against using the spouse-witness’s admission or against compelling him to produce documents. the law. 2005 citing People vs. o The disqualification does not apply where an offense directly attacks or directly and vitally impairs the conjugal relations. through their absence. Testimony is offered during the existence of marriage. 3. COMPETENCY OF A WITNESS – is the legal fitness or ability of a witness to be heard on the trial of a cause. GENERAL RULE: When a witness takes the stand to testify. and 4. on grounds of public policy. The person who gives the testimony is called a “witness”. 5. B. Where the spouse-party gives his/her consent. 2. And in such a situation. The court cannot reject the witness if there is no proof of his incompetency.

That the case in which the husband or the wife is called to be examined is not a civil case instituted by one against the other. concerning any fact the knowledge of which has been acquired in such capacity. professional employment. without the consent of the client and his employer. without the consent of his client. 2. The privilege is invoked with respect to a confidential communication between the spouses during said marriage. unlike the marital disqualification rule which is complete and absolute disqualification. without the consent of the person making the confession. or clerk be examined. DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION THE FOLLOWING PERSONS CANNOT TESTIFY AS TO MATTERS LEARNED IN CONFIDENCE IN THE FF CASES: 1. 5. be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs. during or after the marriage. when the court finds that the public interest would suffer by the disclosure. or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants 2. 3. It constitutes only a partial disqualification as the witness is not completely disqualified but is only prohibited from testifying on the matters therein specified. a. 4. A person authorized to practice medicine. DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY This section is called THE SURVIVORSHIP DISQUALIFICATION RULE OR DEAD MAN’S STATUTE. be examined as to any evidence or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity. as to communications made to him in official confidence. A public officer cannot be examined during his term of office or afterwards. cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other. without the consent of the patient. or his advice given thereon in the course of. An attorney cannot. Marital Privilege 1. The husband or the wife. nor can an attorney’s secretary. The spouse against whom such evidence is being offered has not given his or her consent to such testimony. 3. be examined as to any communication made by the client to him.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 C. or with a view to. A minister or priest cannot. That it is not a criminal case for a crime committed by one against the other. surgery or obstetrics cannot in a civil case. There was a valid marital relation. D. which information was necessary to enable him to act in that capacity. 2. EXCEPTIONS: 1. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 33 . and which would blacken the reputation of the patient. stenographer.

advice or treatment. 2. Can be claimed whether or not the spouse is a party to the action. The information was acquired or the advice or treatment was given by him in his professional capacity for the purpose of treating and curing the patient. The client has not given his consent to the attorney’s testimony. That it was made to the public officer in official confidence. d. Privileged communications to Minister or Priest and Penitent REQUISITES: 1. c. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 34 . Physician-Patient Privilege REQUISITES: 1. The information. Privileged communications to Public Officers REQUISITES: 1. The privilege is invoked in a civil case. and 5. The holder of the privilege is the government acting through a public officer. Applies only if the marriage is existing at the time the testimony is offered Constitutes a total prohibition against the spouse of the witness Can be claimed even after the marriage has been dissolved b. and 3. That the same were made pursuant to a religious duty enjoined in the course of discipline of the sect or denomination to which they belong. The communication was given during the term of office of the public officer but the privilege may be invoked not only during the term of office of the public officer but also after. 3. Must be confidential and penitential in character. 2. as in the case of State secrets. There is an attorney and client relation. The physician is authorized to practice medicine. surgery. Example: under seal of the confessional d. 4. whether patient is a party or not. and 2. The information is confidential. The privilege is invoked with respect to a confidential communication between them in the course of professional employment. or obstetrics. That public interest would suffer by the disclosure of such communication. would blacken the reputation of the patient. 3. Applies only to confidential communications between the spouse Attorney-Client Privilege REQUISITES: 1. 4. if revealed.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 DISQUALIFICATION BY REASON OF MARRIAGE MARITAL PRIVILEGE Can be invoked only if one of the spouses is a party to the action. 2.

(Estrada v.The ante mortem statements made by a person after the mortal wound has been inflicted under the belief that the death is certain. It was not correctly a rule of disqualification. on the competency and credibility of some persons other than the witness by whom it sought to produce it. DYING DECLARATION. 2. Admissions and Confessions a. Newspaper articles) SECTION 37. that is which are derived from his own perception except as otherwise provided in these rules. joint debtor or has a joint interest with the party (Section 29). F. . stating the fact concerning the cause of and the circumstances surrounding the attack. That the declaration refers to the cause and the surrounding circumstances of such death Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 35 . agent.g. whether oral or documentary is hearsay if its probative value is not based on the personal knowledge of the witness but on the knowledge of some other person not on the witness stand A witness can testify only to those facts which he knows of his personal knowledge.. is found in Section 34 of Rule 130. REQUISITES: 1. SECTION 25. G. Co-conspirator (Section 30). Its probative value depends. as the descendant was not incompetent or disqualified to testify against his ascendants. hence it was referred to as “filial privilege”. (e. children or other direct ascendants. 3. Hearsay includes all assertions which have not been subject to opportunity for cross examination by the adversary at the trial in which they are being offered against him. Res Inter Alios Acta Rule This section refers to the first branch of the rule of “RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET. but was actually a privilege to testify. PARENTAL AND FILIAL PRIVILEGE No person may be compelled to testify against his parents. 356SCRA108) Double Hearsay are those which are derived from another who also has no personal knowledge of the matters testified to. HEARSAY RULE Any evidence. That the death is imminent and the declarant is conscious of such fact.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 e. 2. It covers written or oral statements. in whole or in part. Privy of the party (Section 31).” It is corollary known as the second branch of the rule. Desierto. joint owner. EXCEPTIONS: 1. Third person is a partner. other direct ascendants.

birth. 2. 1997) REQUISITES: 1. De Joya. The declarant should have died. SECTION 39. death. ADMISSIONS Covered by the hearsay rule Primary evidence and admissible even if the declarant is available as a witness Need not be considered by the declarant as opposed to his interest at the time when made. DECLARATION AGAINST INTEREST DECLARATION AGAINST INTEREST Exception to the hearsay rule admissible Secondary evidence and admissible only if the declarant is already dead or unavailable to testify The fact asserted in the declaration must have been at the time it was made so far contrary to the declarant’s own interest. (Francisco. That at the time he made the said declaration the declarant was aware that the same was contrary to his aforesaid interest. The act or declaration is made by a person related to the subject by birth or marriage. It also embraces facts or family history intimately connected with pedigree. That the declarant is dead and unable to testify. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 36 . PEDIGREE includes relationship. The actor or declarant is dead or unable to testify. ACT OR DECLARATION ABOUT PEDIGREE. 203 SCRA 343). 3. The relationship between the declarant or the actor and the subject is shown by evidence other than such act or declaration and 4. Sec 39) It is the history of family descent which is transmitted from one generation to another by both oral and written declarations and by traditions. REQUISITES: 1. SECTION 38. 3. The act or declaration was made ante litem motam or prior to the controversy. That the declaration refers to the facts which the victim is competent to testify to. family geneology. (People v. the dates when and the places where these facts occurred and the names of the relatives.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 3. (Rule 130. That the statement must be complete in itself. and 4. That it relates to facts against the interest of the declarant. 4. That the declarant had no motive to falsify and he believed such actual declarant to be true. 5. 2. it is enough if it is inconsistent with his present claim and defenses. 6. That the declaration is offered in a case wherein the declarant’s death is subject of the inquiry (the victim necessarily must have died). marriage .

words.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 SECTION 40. 1. it is not necessary for him to establish by independent evidence his relationship to the family. The witness is himself the one to whom the fact relates. That the entrant made the entry in his professional capacity or in the performance of a duty. 3. RES GESTAE – literally means things done. SECTION 39 Act or declaration against pedigree SECTION 40 Family reputation or tradition regarding pedigree Witness need not be a member of the family Testimony is about what declarant. RES GESTAE IN CONNECTION DYING DECLARATIONS WITH A HOMICIDAL ACT May be made by the killer himself after or during the killing OR that of a 3rd person May precede or be made after the homicidal attack was committed Justification in the spontaneity of the statement Can be made only by the victim Made only after the homicidal attack has been committed Trustworthiness based upon in its being given in awareness of impending death SECTION 43. and declarations incidental to the main facts or transaction necessary to illustrate its character and also includes acts. said concerning the pedigree of the declarant’s family Witness is a member of the family Relation of the declarant and the person subject of the inquiry must be established by independent evidence. COMMON REPUTATION. matters respecting marriage or moral character and related facts. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 37 . SECTION 41. ENTRIES IN THE COURSE OF BUSINESS REQUISITES: 1. or declarations which are closely connected therewith as to constitute part of the transaction. The entry was made in the ordinary course of business or entry. FAMILY REPUTATION OR TRADITION. 2. matters of public interest more than 30 years old. 4. 2. it includes circumstances. matters of general interest more than 30 years old. who is dead or unable to testify. Individual moral character. facts. Testimony is about family reputation or tradition covering matters of pedigree.

That the court can take judicial notice of it. or art may be admissible. 3. Needs authentication Best evidence applies Need not be authenticated Exception best evidence (irrevocability of public records) The entries are made pursuant to a duty. The statements must be contained in a list. it is necessary either: 1. The compilation was published for use by persons engaged in that occupation. register. science. That it was made by any a public officer in the performance of his duty specially enjoined by law. The entrant is a public officer. A witness expert on the subject testifies that the writer of the statement in the treatise. rule SECTION 45. SECTION 47. or if a private individual must have acted pursuant to a specific legal duty. There is no such requirement. That it was made by a public officer or by another person specially enjoined by the law to do so. SECTION 46. ENTRIES IN OFFICIAL RECORDS REQUISITES: 1. ENTRIES IN THE COURSE OF BUSINESS ENTRIES IN OFFICIAL RECORDS The person who made the entries must be dead or unable to testify. The entries must have been made at or near the time of the transaction to which they relate.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 3. COMMERCIAL LIST AND THE LIKE REQUISITES: 1. periodical. 2. or pamphlet on a subject of law. and 5. Is generally relied upon by them. LEARNED TREATISES In order that a published treatise. The entrant must be deceased or unable to testify. or pamphlet is recognized in his profession or calling as expert in the subject. or 2. The public officer or the other person has sufficient knowledge of the facts by him stated which must have been acquired by him personally or through official information. periodical. TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING REQUISITES: Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 38 . 4. The entrant must have been in a position to know the facts stated in the entries. contractual. moral or religious. 2. periodical or other published compilation. history. and 4. and 3. legal. Statements of matters of interest to persons engaged in an occupation. SECTION 44.

Independent of whether the facts stated are true or not. 3. or opinions. On a matter requiring SPECIAL knowledge. say its tenor merely. A declarant assertion based on the say-so of another is hearsay only if offered to prove the truth of the assertion. INDEPENDENTLY RELATIVE STATEMENTS An out of court declaration which while having certain characteristics of hearsay evidence. they are relevant since they are the facts in issue or are circumstantial evidence of the facts in issue. 2. to prove the fact that the assertion was made and NOT the truth of the assertion. If the assertion were offered to prove something else. DOCTRINE OF INDEPENDENTLY RELEVANT STATEMENT The witness may testify to the statements made by a person. A handwriting with which he has sufficient familiarity (Section 50 [b]). The identity of a person about whom he has adequate knowledge (Section 50[a]).PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 1. The witness’ impressions of the emotion. behavior. OPINION RULE OPINION – an inference or conclusion drawn from facts observed. shown to reflect the data accurately. 2007) RULES ON ELECTRONIC EVIDENCE August 1. The testimony was given in a former case or proceeding. The testimony or depositions of a witness deceased or unable to testify. (Bautista.e. 2. skill. 5. the fact that such statements were made by the latter would indicate the latter’s mental state and physical condition. and 5. These are statements which are relevant independently whether they are true or not. EXCEPTIONS: 1. then it is not hearsay and is a direct unattributed assertion for that purpose i. 2001 Q. 4. When is electronic evidence regarded as being the equivalent of an original document under the Best Evidence Rule? (Bar Question 2003) An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means. experience or training which he is shown to possess (Section 49). 4. 3. The mental sanity of a person with whom he is sufficiently acquainted (Section 50[c]). Involving the same parties. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 39 . is not actually hearsay but is original evidence. condition. conclusions. GENERAL RULE: Witnesses must give the facts and not their inference. judicial or administrative. It is also called the apparent hearsay. or appearance of a person (Section 50[d]). if for instance. Relating to the subject matter. The adverse party having had an opportunity to cross-examine him.

tissues.388). whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis). that is susceptible to DNA testing. The totality of an individual’s DNA is unique for the individual.WEIGHT AND SUFFICIENCY OF EVIDENCE Weight of Evidence is the probative value or credit that the court gives to particular evidence admitted to prove a fact in issue. with reasonable certainty. No. facts which reasonably follow. Substantial eviden inference or merely provides presumption. FOR CONVICTION An extrajudicial confession is not sufficient The witnesses Each proof is ground for conviction UNLESS corroborated testify directly of given of facts and by evidence of corpus delicti. This includes blood. other connected TWO ELEMENTS: . The admissibility of evidence depends on its relevance and competence. results and other genetic information directly generated from DNA testing of biological samples. DNA Evidence – constitutes the totality of the DNA profiles. NOT SUFFICIENT GROUND exists. Circumstantial Evidence to sustain Establishes the Does not prove conviction existence of a fact the existence of a 3. EXTRAJUDICIAL such fact really CONFESSION. while the weight of evidence pertains to evidence already admitted and its tendency to convince and persuade (Agpalo. but 5. DNA (Deoxyribonucleic Acid) – the chain of molecules found in every nucleated cell of the body. hairs and bones. saliva. their own circumstances knowledge as to from which the CORPUS DELICTI is the actual commission the main facts to court may infer by someone of the particular crime charged. RULE 133 . 2007 Biological Sample – any organic material originating from a person’s body. Proof beyond reasonable doubt 2. Direct Evidence Circumstantial HIERARCHY OF EVIDENCE Evidence 1. even if found in inanimate objects. the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining . for logical inference that SECTION 3. Clear and convincing evidence in issue without fact in issue 4.M. according to the common Remedial Law Class of 2014 experience of Adviser: Dean Poncevic Ceballos 40 mankind. DNA Testing – verified and credible scientific methods which include the extraction of DNA from biological samples. Preponderance of evidence the aid of any directly. p. . Admissibility of evidence and its weight are different. and other body fluids. except identical twins. 11-5-SC Effective October 15.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 RULE ON DNA EVIDENCE A. be proved.

00). 2. EXCEPTIONS: a. That someone is criminally responsible for the act. Offenses where there is no private offended party.00. That a certain result has been proved. Litis pendentia. 000. d. c.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 1. unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. Lack of jurisdiction over the subject matter of the case. b. except where such barangay units adjoin each other and the parties thereto to submit their differences to amicable settlement by an appropriate lupon. b. Res judicata. g. GROUNDS FOR THE DISMISSAL OF THE SMALL CLAIM CASES MOTU PROPIO: a. Such other classes of disputes which the President may determine in the interest or upon the recommendation of the Secretary of Justice. c. SMALL CLAIMS SCOPE – The rule shall apply in all action before the MTC/MCTC for payment of money where the value of the claim does not exceed P100. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 41 . The remedy of the plaintiff would be to re-file the case. e. The case shall be dismissed without prejudice. Where one party is a public officer or employee. Disputes involving parties who actually reside in barangays of different cities or municipalities. Parties residing in the same city or municipality are bound to submit their disputes to the Lupon for conciliation/amicable settlement. b. Where one party is the government or any subdivision or instrumentality thereof. and the dispute relates to the performance of his official functions. Where the dispute involves real properties located in different cities or municipalities. KATARUNGAN PAMBARANGAY LAW (RA 7160) Objectives – to reduce the number of court litigations and prevent the deterioration of the quality of justice which has been brought by the indiscriminate filing of cases in the courts. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand pesos (P5. 000. f. exclusive of interest and cost (Sec 2 of the Rule) EFFECT OF NON-PAYMENT OF DOCKET FEES: a.

(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held.M. On both parties: Dismissal of both the claim and counterclaim with prejudice. and (3) Identify the attached docun1entary and object evidence and establish their authenticity in accordance with the Rules of Court. A. No. if not in English or Filipino accompanied by a translation in English or Filipino. fully conscious that he does so under oath. Sworn attestation of the lawyer. and the court. . On the part of the defendant: It shall have the effect of as failure to file a Response. that: (1) Show the circumstances under which the witness acquired the facts upon which he testifies. (b) A false attestation shall subject the lawyer mentioned to disciplinary action. 11-9-4-SC Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 42 . by itself render judgment based on the facts alleged in the Statement of Claims but only limited to what is prayed for therein. b. Prescription. (d) Questions asked of the witness and his corresponding answers. and (2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. On the part of the plaintiff: Dismissal of the claim without prejudice. EFFECT OF FAILURE OF THE PARTIES TO APPEAR: a.M. to the effect that: (1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave. and shall contain the following: (a) The name. Remedy: Refile the case. (c) A statement that the witness is answering the questions asked of him. and that he may face criminal liability for false testimony or perjury.A judicial affidavit shall be prepared in the language known to the witness and. (2) Elicit from him those facts which are relevant to the issues that the case presents.(a) The judicial affidavit shall contain a sworn attestation at the end. and (f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to adn1inister the same. age. including disbarment A. and the defendant who appeared shall be entitled to judgment on a permissive counterclaim. No. . consecutively numbered.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 d. 12-8-8-SC JUDICIAL AFFIDAVIT RULE Contents of judicial Affidavit. residence or business address. executed by the lawyer who conducted or supervised the examination of the witness. c. and occupation of the witness. (e) The signature of the witness over his printed name.

and similar papers intended for the court and quasi-judicial body's consideration and action (court-bound papers) shall be written in single space with a one and-a-half space between paragraphs. motions. using an easily readable font style of the party's choice. Sanitation Code. (d) PD 979. and Molave Trees. 09-6-8-SC Rules of Procedure for Environmental Cases Scope and applicability of the Rule (1) These Rules shall govern the procedure in civil.All pleadings. A. Prohibition Against the Cutting.The parties shall maintain the following margins on all court-bound papers: a left hand margin of 1. School Premises or in any Other Public Ground. (h) PD 1586. (o) RA 7942.5-inch white bond paper. proclamations and issuances establishing protected areas. . decrees. People’s Small-Scale Mining Act. Akli. criminal and special civil actions before the Regional Trial Courts.5 inches from the edge. Every page must be consecutively numbered. an upper margin of 1. Metropolitan Trial Courts. (m) RA 7586. and on a 13inch by 8. Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws. (g) PD 1433. Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes. Laguna Lake Development Authority Act. and a lower margin of 1.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 EFFICIENT USE OF PAPER RULE Format and Style. Marine Pollution Decree. National Integrated Protected Areas System Act including all laws. Municipal Trial Courts in Cities. (i) RA 3571. Revised Forestry Code.0 inch from the edge. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 43 . No. (n) RA 7611. of 14-size font. orders. (l) RA 7076. (j) RA 4850. (b) PD 705. Strategic Environmental Plan for Palawan Act. Water Code.0 inch from the edge. . (k) RA 6969. Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads. (e) PD 1067. Philippine Mining Act. (c) PD 856. Prohibition Against Cutting of Tindalo. rules and regulations such as but not limited to the following: (a) Act 3572.M. in Plazas. Parks. Destroying or Injuring of Planted or Growing Trees. Philippine Environmental Policy of 1977.2 inches from the edge. Plant Quarantine Law of 1978. a right hand margin of 1. (f) PD1151. Toxic Substances and Hazardous Waste Act. Margins and Prints.

Wildlife Conservation and Protection Act.A. RA 9072. Renewable Energy Act of 2008. Motion for discovery. R. criminal or administrative. High-Value Crops Development Act. Compulsory counterclaim. preservation. Clean Air Act. RA 9275. which may include: i. RA 8435. RA 8749. RA 9175. development. RA 9593. Pleadings and motions allowed. RA 7900. Philippine Biofuels Act. Answer. and Provisions in CA 141. with the intent to harass. exert undue pressure or stifle any legal recourse that such person. Clean Water Act. brought against any person. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 44 . and e. Motion for intervention. RA 9522. Local Government Code of 1991. Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC). Ecological Solid Waste Management Act. Strategic lawsuit against public participation (SLAPP). a. RA 9637. protection of the environment or assertion of environmental rights. Oil Spill Compensation Act of 2007. vex. RA 7160. Comprehensive Agrarian Reform Law of 1988. cross-claim c. Chainsaw Act. SLAPP Suit refers to an action whether civil. Philippine Fisheries Code. Continuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. 6657. and ii.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) RA 8371. RA 7308. protection and utilization of the environment and natural resources. and Other existing laws that relate to the conservation. No. RA 9003. Motion for reconsideration of the judgment. RA 7161. RA 8550. National Caves and Cave Resource Management Act. institution or government agency has taken or may take in the enforcement of environmental laws. – The pleadings and motions that may be filed are: a. Seed Industry Development Act of 1992. Agriculture and Fisheries Modernization Act of 1997. d. RA 9147. RA 8048. The Public Land Act.a. Indigenous Peoples Rights Act. institution or any government agency or local government unit or its officials and employees.k. RA 9483. Complaint. b. The Philippine Archipelagic Baselines Law. Coconut Preservation Act.

no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof (Sec. (e) Reply and rejoinder. Republic Act 9285 Alternative Dispute Resolution Act (ADR Act) Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 45 . preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the appellate court. – The payment of filing and other legal fees by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. the extension not to exceed fifteen (15) days. . Effect of failure to appear at pre-trial. Rule 2) .PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Motion for postponement. no court can issue a TRO or injunctive writ. the court shall receive evidence ex parte. Prohibition against Temporary Restraining Order and Preliminary Injunction (Sec. 10. (c) Motion for extension of time to file pleadings. Part 2. Citizen suit. motion for new trial and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice. The dismissal shall be without prejudice. Prohibited pleadings or motions. – Any judgment directing the performance of acts for the protection. (b) Motion for a bill of particulars. - In the absence of evidence overcoming this presumption of regularity. 10. – Any Filipino citizen in representation of others. except upon repeated and unjustified failure of the plaintiff to appear. – The following pleadings or motions shall not be allowed: (a) Motion to dismiss the complaint.Except the Supreme Court. and the court may proceed with the counterclaim. may file an action to enforce rights or obligations under environmental laws. It shall constitute a first lien on the judgment award. Judgment not stayed by appeal. except to file answer. Part 2. – The court shall not dismiss the complaint. (d) Motion to declare the defendant in default. including minors or generations yet unborn. and (f) Third party complaint. Payment of filing and other legal fees. It is only the SC which can issue a TRO or an injunctive writ in exceptional cases.If the defendant fails to appear at the pre-trial. Rule 2).

(f) future legitime. The petitioner shall establish that the country in which the foreign arbitration award was made is a party to the New York Convention. 442. (d) any ground for legal separation. i. resolve a dispute by rendering an award. (b) the civil status of persons. appointed in accordance with the agreement of the parties or these Rules. upon petition in writing to the Regional Trial Court. as amended". Scope of Application. shall be enforced subject to the provisions hereof. (e) the jurisdiction of courts. (a) A foreign arbitral award shall be recognized as binding and. These Rules apply to voluntary mediation. (b) The petition for recognition and enforcement of such arbitral awards shall be filed with the Regional Trial Court in accordance with the Special ADR Rules.The New York Convention shall govern the recognition and enforcement of arbitral awards covered by said Convention. ii. Convention Award . Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 46 . (g) criminal liability. Arbitration means a voluntary dispute resolution process in which one or more arbitrators. recognize and enforce a non-convention award as a convention award. other than court-annexed mediation and only in default of an agreement of the parties on the applicable rules. and its Implementing Rules and Regulations. INTERNATIONAL COMMERCIAL ARBITRATION Recognition and Enforcement. otherwise known as the "Labor Code of the Philippines. The provisions hereof shall not apply to the resolution or settlement of the following: (a) labor disputes covered by Presidential Decree No. whether ad hoc or institutional. (h) those disputes which by law cannot be compromised.The recognition and enforcement of foreign arbitral awards not covered by the New York Convention shall be done in accordance with procedural rules to be promulgated by the Supreme Court. Non-Convention Award . and (i) disputes referred to court-annexed mediation. These Rules shall also apply to all cases pending before an administrative or quasi-judicial agency that is subsequently agreed upon by the parties to be referred to mediation. (c) the validity of marriage. on grounds of comity and reciprocity.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 Exception to the Application of the ADR Act. The court may.

vacating. (e)A foreign arbitral award when confirmed by the Regional Trial Court shall be enforced in the same manner as final and executory decisions of courts of law of the Philippines. In the absence of said agreement. Appeal. modifying or correcting an arbitral award may be appealed to the Court of Appeals in accordance with Special ADR Rules. the party shall supply a duly certified translation thereof into such language. vacate or suspend the decision to enforce that award and may also. Upon the grant of an order confirming. shall be recognized and enforced as a foreign arbitral award and not as a judgment of a foreign court. Judgment will be enforced like court judgments. (d)A foreign arbitral award when confirmed by a court of a foreign country. Costs of the application and the proceedings subsequent thereto may be awarded by the court in its discretion. Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 47 . setting aside. the amount thereof must be included in the judgment. rules on Mediation shall first apply and thereafter. If awarded. Domestic Arbitration Judgment. if it considers the application to be proper.PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 (c) The party relying on an award or applying for its enforcement shall file with the Regional Trial Court the original or duly authenticated copy of the award and the original arbitration agreement or a duly authenticated copy thereof. If the award or agreement is not made in an official language of the Philippines. Mediation-Arbitration (a) A Mediation-Arbitration shall be governed by the rules and procedure agreed upon by the parties. (f) If the Regional Trial Court has recognized the arbitral award but an application for (rejection and/or) suspension of enforcement of that award is subsequently made. the Regional Trial Court may. order the other party seeking rejection or suspension to provide appropriate security. A decision of the court confirming. modifying or correcting an award. rules on Domestic Arbitration. The losing party who appeals from the judgment of the Court confirming an arbitral award shall be required by the Court of Appeals to post a counterbond executed in favor of the prevailing party equal to the amount of the award in accordance with the Special ADR Rules. on the application of the party claiming recognition or enforcement of that award. judgment may be entered in conformity therewith in the court where said application was filed.

(c) The mediator who becomes an arbitrator pursuant to this Rule shall make an appropriate disclosure to the parties as if the arbitration proceeding had commenced and will proceed as a new dispute resolution process. before entering upon his/her duties. following a failed mediation. expressly authorize the mediator to hear and decide the case as an arbitrator. execute the appropriate oath or affirmation of office as arbitrator in accordance with these Rules Remedial Law Class of 2014 Adviser: Dean Poncevic Ceballos 48 .PHILIPPINE CHRISTIAN UNIVERSITY COLLEGE OF LAW Remedial Law Reviewer 2014 (b) No person shall. having been engaged and having acted as mediator of a dispute between the parties. act as arbitrator of the same dispute. and shall. in a written agreement. unless the parties.