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UP LAW BOC REMEDIAL LAW PRE-WEEK

GENERAL PRINCIPLES
Q1: DISCUSS THE DOCTRINE OF HIERARCHY OF COURTS AND THE EXCEPTIONS
THERETO
A1: The doctrine states that where courts have concurrent jurisdiction over a subject matter, a case must
be filed before the lowest court possible having the appropriate jurisdiction. The principle of hierarchy of
courts requires that recourse should be made to the lower courts before they are made to the higher
courts. The exceptions to this doctrine are as follows:
1) Where there are special and important reasons clearly stated in the petition;
2) When dictated by public welfare and the advancement of public policy;
3) When demanded by the broader interest of justice;
4) When the challenged orders are patent nullities;
5) When analogous exceptional and compelling circumstances call for and justify the immediate
and direct handling by the Court [Republic v. Caguioa, G.R. No. 174385 (2013)]

Q2: W HAT IS THE SLIP RULE?
A2: Where the dispositive portion of a final and executory judgment contains a clerical error of an
ambiguity arising from an inadvertent omission, the error of ambiguity may be clarified by reference to
the body of the decision itself. This is generally known as the slip rule – so called because the clerical
mistakes or errors arise from accidental slip or omission [Bersamin, Appeal and Review in the Philippines
(2000) p. 324, citing Reinsurance Company of the Orient v. Court of Appeals G.R. No. 61250 (1991) and
Reyes v. Court of Appeals, G.R. No. 124280 (1997)]

 

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UP LAW BOC REMEDIAL LAW PRE-WEEK

JURISDICTION
Q3: FOR HIS SUPPOSED INVOLVEMENT IN THE DRUG TRADE IN THEIR PROVINCE,
GOVERNOR R W AS CHARGED IN THE RTC W ITH ILLEGAL DRUG TRADING, A VIOLATION
OF RA 9165. GOVERNOR R’S COUNSEL FILED A MOTION TO QUASH, ALLEGING THAT
SINCE HE IS AMONG THE OFFICIALS ENUMERATED IN THE SANDIGANBAYAN LAW ,
AND THAT THE OFFENSE W AS ALLEGEDLY COMMITTED IN RELATION TO HIS OFFICE,
IT IS THE SANDIGANBAYAN THAT HAS JURISDICTION, NOT THE REGIONAL TRIAL
COURTS. DECIDE THE MOTION.
A3: His motion to quash should be denied, as it is the RTC which has jurisdiction in this case.
In Morales v. Court of Appeals, this Court categorically named the RTC as the court with jurisdiction over
drug related-cases. The exclusive original jurisdiction over violations of RA 9165 is not transferred to the
Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher, regardless of
whether the violation is alleged as committed in relation to office. Public officials were never considered
excluded from the scope of RA 9165
Section 4(b) of PD 1606, as amended by RA 10660, is the general law on jurisdiction of the
Sandiganbayan over crimes and offenses committed by high-ranking public officers in relation to their
office; Section 90, RA 9165 is the special law excluding from the Sandiganbayan's jurisdiction violations
of RA 9165 committed by such public officers. [De Lima v. Guerrero, G.R. 229781 (2017)]

Q4: DISCUSS THE CONCEPT OF RESIDUAL JURISDICTION, AND DIFFERENTIATE
RESIDUAL JURISDICTION IN RULE 41 (ORDINARY APPEAL) AND RULE 42 (PETITION
FOR REVIEW )
A4: The residual jurisdiction of trial courts is available at a stage in which the court is normally deemed
to have lost jurisdiction over the case or the subject matter involved in the appeal. This stage is reached
upon the perfection of the appeals by the parties or upon the approval of the records on appeal,
but prior to the transmittal of the original records or the records on appeal [Katon v.
Palanca, G.R. No. 151149 (2004)]. Corollary to this, there is no residual jurisdiction to speak of where no
appeal or petition has even been filed [Fernandez v. CA, G.R. No. 131094 (2005)].
In both Rule 41 and Rule 42, the court exercising residual jurisdiction may:
• issue orders for the protection and preservation of the rights of the parties which do not involve
any matter litigated by the appeal,
• approve compromises,
• permit appeals of indigent litigants,
• order execution pending appeal, and
• allow withdrawal of the appeal.
In Rule 41, the RTC exercises residual jurisdiction prior to transmittal of the original record or
the record on appeal to the CA. [Sec. 9, Rule 41] On the other hand, in Rule 42, the RTC exercises
residual jurisdiction before the CA gives due course to the petition. [Sec. 8, Rule 42]

 

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UP LAW BOC REMEDIAL LAW PRE-WEEK

CIVIL PROCEDURE
Q5: W HAT IS THE DIFFERENCE BETW EEN A CIVIL ACTION AND A SPECIAL
PROCEEDING?
A5: Unlike a civil action which has definite adverse parties, a special proceeding has no definite adverse
parties. The definitions of a civil action and a special proceeding, respectively, in the Rules illustrate this
difference. A civil action, in which “a party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong” necessarily has definite adverse parties, who are either the plaintiff or
defendant. On the other hand, a special proceeding, “by which a party seeks to establish a status, right,
or a particular fact,” has one definite party, who petitions or applies for a declaration of a status, right, or
particular fact, but no definite adverse party. [Montañer v. Sharia District Court, G.R. No. 174975 (2009)]

Q6: STATE THE RULE W HEN IT COMES TO SPLITTING A CAUSE OF ACTION.
A6: Institution of more than one suit for the same cause of action constitutes splitting the cause of action,
which is a ground for the dismissal. Thus, in Rule 2:
Section 3. One suit for a single cause of action — A party may not institute more than one suit for
a single cause of action.
Section 4. Splitting a single cause of action; effect of — If two or more suits are instituted on the
basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available
as a ground for the dismissal of the others. [Lanuza Jr. v. BF Corporation, G.R. No. 174938 (2014)]

Q7: STATE THE RULE AS TO MISJOINDER OF CAUSES OF ACTION.
A7: The rule is that a party’s failure to observe the following conditions under Section 5, Rule 2 of the
Rules results in a misjoinder of causes of action:
Section 5. Joinder of causes of action — A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against an opposing party, subject to the following
conditions:
(1) The party joining the causes of action shall comply with the rules on joinder of parties;
(2) The joinder shall not include special civil actions governed by special rules;
(3) Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and the venue lies therein; and
(4) Where the claims in all the causes of action are principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.

Q8: W HAT ARE THE REQUISITES OF A CLASS SUIT?
A8: The requisites of a class suit are:
(a) the subject matter of controversy is one of common or general interest to many persons;
(b) the parties affected are so numerous that it is impracticable to bring them all to court; and
(c) the parties bringing the class suit are sufficiently numerous or representative of the class and can
fully protect the interests of all concerned. [Juana Complex Homeowner’s Association v. Fil-Estate
Land, G.R. No. 152272 (2012)]

Q9: W HAT IS “ADEQUACY OF REPRESENTATION” IN RELATION TO A CLASS SUIT?

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” or words of similar import. No. not as limiting venue to the specified place. failure to implead does not result in the waiver of the right to implead. If there is a failure to implead an indispensable party. or the party entitled to the avails of the suit.UP LAW BOC REMEDIAL LAW PRE-WEEK A9: An element of a class suit or representative suit is the adequacy of representation. No. Aquino. No. David v. Rule 3. Moreover. (2) The injury is fairly traceable to the challenged action. the court must consider [MVRS Publications v. 3. No.R. [Galicto v.   Q13: W HAT ARE THE RULES ON VENUE W HEN THE PARTIES STIPULATE ON THE SAME? A13: The rules on venue finds no application where the parties. such as “exclusively” and “waiving for this purpose any other venue. 193978 (2012)] Q11: W HAT IS THE EFFECT OF A FAILURE TO IMPLEAD A PARTY? A11: If it is a necessary party.R. Islamic Dawah Council. In determining the question of fair and adequate representation of members of a class. as it so bears. if there is an order by the court to implead and there is failure to comply. before the filing of the action. the court may dismiss the case for failure to prosecute under Sec. 135306 (2003)]: (5) Whether the interest of the named party is coextensive with the interest of the other members of the class. [Sec.R. and (3) The injury is likely to be redressed by a favorable action. G. there is a waiver of claim. a party is allowed to “raise a constitutional question” when: (1) He can show that he will personally suffer some actual or threatened injury because of the allegedly illegal conduct of the government. the judgment rendered will be null and void. Thus. [Auction in Malinta v. have validly agreed in writing on an exclusive venue. G. the stipulation should be deemed as merely an agreement on an additional forum. 173979 (2007)] Page 4 of 65   . In the absence of qualifying or restrictive words. if there is an order by the court to implead and there is failure to comply. Luyaben. “to the exclusion of the other courts.R. It must be shown that such stipulation is exclusive. to the total membership of the class. 2. as a general rule. G. and (7) Any other factor bearing on the ability of the named party to speak for the rest of the class. the class suit will not prosper. (6) The proportion of those made a party. 171396 (2006)] Locus standi or legal standing has been defined as a personal and substantial interest in a case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. the court should order the indispensable party be impleaded. However. Q12: W HAT IS THE VENUE OF ACTIONS AGAINST NON-RESIDENTS W HERE (A) THE ACTION AFFECTS THE PERSONAL STATUS OF THE PLAINTIFF OR (B) ANY PROPERTY OF THE DEFENDANT IN THE PHILIPPINES? A12: Either (a) the residence of the plaintiff or (b) where the non-resident’s property may be found. Rule 17. Macapagal-Arroyo. Q10: DISTINGUISH BETW EEN REAL PARTY AND INTEREST AND LOCUS STANDI A10: A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. But note that the mere stipulation on the venue of an action is not enough to preclude parties from bringing a case in other venues. G. If it is an indispensable party. Where the interests of the plaintiffs and the other members of the class they seek to represent are diametrically opposed.” “shall only” preceding the designation of venue.

no such other action is pending. and to the best of his knowledge. G. the counterclaim may be considered compulsory regardless of the amount. CPR Promotions and Marketing. and (3) That if he should learn that the same or a similar action has been filed or is pending. (2) It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. (2) That if there is such other pending action or claim. he shall report such fact within 5 days to the court receiving his initiatory pleading. No. G.” [Metropolitan Bank and Trust v. 5. the following tests have been used: (1) Are the issues of fact or law raised by the claim and the counterclaim largely the same? (2) Would res judicata bar a subsequent suit on defendant’s claims. and (3) The court has jurisdiction to entertain the claim both as to its amount and nature. [Metropolitan Bank and Trust v.R. a complete statement of the present status thereof. 200567 (2015)] Q16: W HAT IS A CERTIFICATE OF NON-FORUM SHOPPING? A16: It is a sworn statement in which the plaintiff or principal party certifies in a complaint or initiatory pleading: (1) That he has not commenced any action or filed any claim involving the same issues in any court or tribunal. 200567 (2015)] Q15: W HAT TESTS HAVE BEEN USED BY THE COURT IN DETERMINING THE NATURE OF A COUNTERCLAIM? A15: In determining whether a counterclaim is compulsory or permissive. CPR Promotions and Marketing.R. Rule 7] Q117: W HAT ARE THE CONSEQUENCES OF FAILURE TO COMPLY W ITH THE REQUIREMENT FOR A CERTIFICATE OF NON-FORUM SHOPPING? A17: Defect Effect Not curable by mere amendment Failure to comply with the requirement Cause for dismissal of the case. such that the conduct of separate trials of the respective claims of the parties would entail a substantial duplication of effort and tim e by the parties and the court? This test is the “compelling test of compulsoriness. No. except that in an original action before the RTC. [Sec. upon motion and after hearing Page 5 of 65   . absent the compulsory counterclaim rule? (3) Will substantially the same evidence support or refute plaintiff’s claim as well as the defendant’s counterclaim? (4) Is there any logical relation between the claim and the counterclaim.UP LAW BOC REMEDIAL LAW PRE-WEEK Q14: W HEN IS A COUNTERCLAIM COMPULSORY? A14: A counterclaim is compulsory if: (1) It arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party’s claim. without prejudice unless otherwise provided as with prejudice.

Rule 8]   Q19: HOW DO YOU CONTEST AN ACTIONABLE DOCUMENT? A19: (1) By specific denial under oath. with prejudice Willful and deliberate forum shopping Direct contempt Cause for administrative sanctions The requirement specific to petitions filed with the appellate court simply provides as a penalty that the failure of the petitioner to comply with the listed requirements. and whenever practicable. the truth of which the defendant does not admit. which has the Page 6 of 65   . without prejudice to administrative and criminal actions Noncompliance with any undertaking Ground for summary dismissal. or (2) Compliance with an order for inspection of the document has been refused. “shall be sufficient ground for the dismissal of the petition. and (2) By setting forth what is claimed to be the facts [Sec. 163208 (2008)] Q18: W HAT IS AN ACTIONABLE DOCUMENT? A8: An actionable document is the written instrument upon which the action or defense is based. 7. (3) Disavowal of knowledge: by stating that the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment in the complaint. No. G. Note: there must nevertheless be a specific denial in these cases. 8. Court of Appeals. Rule 8] Q20: W HEN DOES DENIAL NOT NEED TO BE UNDER OATH? A20: (1) The adverse party does not appear to be a party to the instrument. Only the oath requirement may be dispensed with. setting forth the substance of the matters which he will rely upon to support his denial.R. among them the need for a certification against forum shopping. [Sec.UP LAW BOC REMEDIAL LAW PRE-WEEK False certification Constitutes indirect contempt. (2) Partial denial: by specifying so much of an averment in the complaint as is true and material and denying only the remainder. Q21: W HAT IS THE EFFECT OF FAILURE TO DENY AN ACTIONABLE DOCUMENT UNDER OATH? A21: (1) The genuineness and due execution is deemed admitted (2) The document need not be formally offered in evidence Q22: W HAT ARE THE THREE MODES OF SPECIFIC DENIAL? A22: (1) Absolute denial: by specifying each material allegation of the fact in the complaint.” [Heirs of Juan Valdez v.

UP LAW BOC REMEDIAL LAW PRE-WEEK effect of a denial. Personal service consists either in: (a) Handing a copy of the summons to the defendant in person. This is because the leased premises under the original contract was the whole commercial space itself and not just the subdivided portion. Boombastic will be entitled to remain not only as lessee for another five (5) years but also to the recovery of the portion earlier taken from him as well. HE THEN TOOK POSSESSION OF THE OTHER HALF. No.R. W ITH A MONTHLY RENT OF PHP 150. THEREFORE. G. BULACAN. JOE BOMB FILED A MOTION TO DISMISS CONTENDING THAT THE ACTION W AS A REAL ACTION W HICH SHOULD HAVE BEEN FILED W ITH REGIONAL TRIAL COURT OF MALOLOS W HERE THE PROPERTY IN QUESTION W AS SITUATED. While the instant action is for damages arising from an alleged breach of the lease contract. VENUE MAY BE LAID IN THE PLACE W HERE PLAINTIFF OR DEFENDANT RESIDES AT THE OPTION OF PLAINTIFF.00 WHICH IS PAID ON A MONTH-TO-MONTH BASIS. Rule 8. The instant action therefore does not operate to efface the fundamental and prime objective of the nature of the case which Page 7 of 65   . While it may be that the instant complaint does not explicitly pray for recovery of possession. I will grant the motion for dismiss. G. it likewise prays for the fixing of the period of lease at five (5) years. (b) If the defendant refuses to receive and sign for it. Jr. The action is a real action which shall be filed in the place where the property in question is located. or. and exists side-by-side with Supersedes the original the original A new copy of the entire pleading must be filed Does not require a new copy of the entire pleading Q24: W HAT IS PERSONAL SERVICE? A24: The service of the summons should firstly be effected on the defendant himself whenever practicable. BOOMBASTIC ELECTRONIC INDUSTRIES THEN FILED AN ACTION FOR DAMAGES AND FIXING OF THE TIME OF THE LEASE AT 5 YEARS BEFORE REGIONAL TRIAL COURT OF MANILA. Go. If found meritorious. [Macasaet v. in tendering it to him. No. IF YOU W ERE THE JUDGE. Co. HENCE. JOE BOMB LATER SUBDIVIDED THE LEASED PREMISES INTO TW O PORTIONS BY CONSTRUCTING A PARTITION W ALL IN BETWEEN. THE LEASE W AS FOR AN INDEFINITE PERIOD. such is the necessary consequence.R. 10. THE ISSUE OF RECOVERY OF POSSESSION IS MERELY INCIDENTAL. 175514 (2011)] Q23: W HAT ARE THE DIFFERENCES BETWEEN AN AMENDED AND A SUPPLEMENTAL PLEADING? A23: Amended pleadings Supplemental pleadings Reason for amendment is available at time of the Grounds for supplemental pleading arose after the first pleading filing of the first pleading Either as a matter of right or by leave of court Always by leave of court Merely supplements. 156759 (2013)] Q25: JOE BOMB OW NS A COMMERCIAL BUILDING IN MALOLOS CITY.. HE ENTERED INTO AN ORAL CONTRACT OF LEASE FOR THE USE OF COMMERCIAL SPACE W ITHIN HIS BUILDING TO BOOMBASTIC ELECTRONIC INDUSTRIES. BOOMBASTIC COUNTERS THAT THE PRESENT ACTION IS CHIEFLY FOR DAMAGES ARISING FROM AN ALLEGED BREACH IN THE LEASE CONTRACT. [Sec. PBC v. W ILL YOU GRANT THE MOTION TO DISMISS? A25: Yes.

Q28: W HILE ON A DINNER DATE. [Spouses Algura v. provided that jurisdiction over the person of Cathy can be obtained. or foreclosure of mortgage on. if jurisdiction over them can be obtained. THE DOCTOR TOLD THEM THAT THE MOLD IN THE CEILING OF BRYAN’S APARTMENT CAUSED THEM A SERIOUS ILLNESS. the court shall order him to be brought in as a defendant. CAN IT DO SO? A27: Yes. THEY HAD TO TAKE MEDICINE AND W AS FORCED TO TAKE A LEAVE FROM W ORK. COST THEM MEDICAL EXPENSES AND BROUGHT ANGUISH TO THEIR LIVES. partition or condemnation of. granting of complete relief to the determination of the counter-claim requires Cathy’s presence. Section 12 of the Rules of Court.” The relief asked in Bryan’s counter-claim consists of actual and moral damages brought about by the mold in the apartment that Adam leased to him. and basic necessities) and use its sound discretion in determining the merits of the prayer for exemption. ADAM SUED BRYAN FOR A MONTH’S W ORTH OF RENT. SHE TOLD BRYAN THAT SHE COULD HAVE AVOIDED GETTING SICK IF BRYAN HAD ONLY AGREED FOR THEM TO SPEND MORE TIME IN HER APARTMENT. BRYAN ALLEGED IN HIS ANSW ER W ITH COUNTERCLAIM. No. the court should apply the "indigency test" under Section 21 of Rule 3 (no money or property sufficient and available for food.000. BRYAN ASKED THE COURT TO ORDER ADAM TO REIMBURSE HIM THE MEDICAL EXPENSES AND LOST SALARIES AS ACTUAL DAMAGES AND TO PAY HIM MORAL DAMAGES. BRYAN REFUSED TO PAY THE RENT FOR THAT MONTH. Since my client owns real property with FMV of above PHP 300. THAT THERE W AS MOLD IN THE APARTMENT W HICH MADE HIM AND CATHY SERIOUSLY ILL. LGU of the City of Naga. “When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim. shelter. If the applicant meets BOTH the salary (gross income and that of their immediate family’s do not exceed an amount double the monthly minimum wage) and property requirements (does not own real property with a fair market value of more than PHP 300. On the other hand.000. G.000) under Section 19 of Rule 141. YOU DISCOVER THAT HE OWNS A PARCEL OF LAND W ITH A FAIR MARKET VALUE OF PHP 400. CATHY BLAMED BRYAN FOR GETTING HER EXPOSED TO THE MOLD AND THE RESULTING FINANCIAL AND EMOTIONAL COSTS SHE INCURRED. UPON INVESTIGATION.R.UP LAW BOC REMEDIAL LAW PRE-WEEK is to recover the one-half portion repossessed by the lessor. G.” [Paderanga vs Buissan. BRYAN’S GIRLFRIEND CATHY FREQUENTLY VISITS AND SPENDS THE NIGHT THERE. Both Bryan and Cathy suffered the actual and moral damages alleged. when the application does not satisfy one or both requirements. and they suffered due to the same exposure to the mold. where the ultimate purpose of an action involves title to or seeks recovery of possession.R. Therefore. 49475 (1993)] Q26: YOU ARE SEEKING TO HAVE YOUR CLIENT DECLARED AS AN INDIGENT LITIGANT. real property. THEY W ENT TO HOSPITAL ONE DAY BECAUSE THEY HAD NOT BEEN FEELING W ELL FOR SEVERAL DAYS. CAUSED THEM TO TAKE LEAVE FROM W ORK. THE TRIAL COURT ORDERED CATHY TO BE BROUGHT IN AS A DEFENDANT. Indeed. then the grant of the application is mandatory. INTER ALIA. the court shall order them to be brought in as defendants. s/he cannot be mandatorily considered an indigent. HOW EVER. then the application should not be denied outright. No. Joe Bomb. 150135 (2006)] Q27: BRYAN IS LEASING ONE OF THE UNITS IN THE APARTMENT BUILDIN G THAT ADAM OW NS. W OULD IT STILL BE POSSIBLE FOR YOUR CLIENT TO BE CONSIDERED AN INDIGENT PARTY? A26: Yes. Hence. instead. Page 8 of 65   . but it would be subject to the discretion of the court using the indigency test. such an action must be deemed a real action and must perforce be commenced and tried in the province where the property or any part thereof lies. According to Rule 6.

THE TRIAL COURT ISSUED AN ORDER DECLARING HIM IN DEFAULT. the plaintiff fails to appear on the date of the presentation of his evidence in chief. The Order is an interlocutory order that cannot be appealed under Rule 41. speedy and adequate remedy in the ordinary course of law. Therefore. DID NOT MOVE TO DECLARE ADAM IN DEFAULT. the RTC cannot declare parties in default motu proprio. NEVERTHELESS. Adam has no plain. W HAT IS ADAM’S REMEDY? A28: Adam’s remedy is to file a petition for certiorari with the Court of Appeals on the ground that the RTC gravely abused its discretion in issuing an Order declaring him in default. BRYAN FILED ANOTHER COMPLAINT AGAINST ADAM ON THE SAME CAUSE OF ACTION OF ALIENATION OF AFFECTIONS. Bryan failed to appear on the date of the presentation of his evidence in chief because he was preoccupied with his break-up. accident. BRYAN. Rule 9. Rule 17. Section 3 and Rule 11. Q30: HOW SHOULD SUMMONS BE SERVED ON A FOREIGN PRIVATE JURIDICAL ENTITY THAT IS NOT REGISTERED IN THE PHILIPPINES? A30: According to Sec. for no justifiable cause. Since this dismissal is on the merits. In ordinary proceedings. The facts state that Adam failed to file within 10 days from service. Moreover. 12 Rule 14. the options are as follows. Note: The same modes are available to a foreign private juridical entity without a resident agent. allows the court to declare the defending party in default only upon motion of the claiming party with notice to such defending party and proof of such failure. thereby allowing the court to dismiss his complaint. that the cause of action is barred by prior judgment is a ground to dismiss Bryan’s subsequent complaint. Section 3. which is not a justifiable cause. Section 1 because the RTC still has to decide on the merits of Bryan’s complaint. Section 1. A motion to set aside the order of default under Rule 9. Section 3. ADAM DID NOT FILE AN ANSW ER WITHIN 10 DAYS FROM SERVICE OF SUMMONS. Page 9 of 65   . Section 3(b) is not a remedy as well because Adam’s ground in challenging the Order does not consist of failure to answer due to fraud. Thus. the RTC committed grave abuse of discretion in disregarding these two provisions of the Rules of Court. Q29: IN THE QUESTION ABOVE. IF YOU W ERE ADAM’S COUNSEL. the petition for certiorari is the proper remedy. BRYAN SUED ADAM BEFORE THE REGIONAL TRIAL COURT FOR ALIENATION OF AFFECTIONS AND CLAIMED DAMAGES. W HAT W OULD YOU DO? A29: I will file a motion to dismiss on the ground that the cause of action is barred by prior judgment (res judicata). PREOCCUPIED W ITH THE BREAK-UP. unless otherwise declared by the court. mistake or excusable negligence and existence of a meritorious defense. Rule 11 allows the defendant 15 days after service of summons to file his Answer. all with leave of court and out of the Philippines: (a) Personal service coursed through the foreign court with the assistance of the DFA (b) Publication AND registered mail to last known address (c) Facsimile or any recognized electronic means. and (d) Other means at the discretion of the court.UP LAW BOC REMEDIAL LAW PRE-WEEK THEY BROKE UP AFTER THE ARGUMENT. The provision also says that such dismissal shall have the effect of an adjudication upon the merits. His ground is the trial court’s disregard of Rule 9. SUPPOSE ADAM W AS ABLE TO FILE HIS ANSW ER W ITHIN THE ALLOW ED PERIOD. BUT NEITHER BRYAN NOR HIS COUNSEL APPEARED ON THE DATE OF THE PRESENTATION OF HIS EVIDENCE IN CHIEF BECAUSE THEY W ERE PREOCCUPIED W ITH BRYAN’S BREAK-UP. states that the court may dismiss the complaint if. Section 1. THE TRIAL COURT MOTU PROPRIO DISMISSED THE COMPLAINT.

or (b) By leaving the copy at his office or regular place of business with some competent person in charge thereof.R. or the subject of which is. [Macasaet v.R. [Macasaet v. [Perkin Elmer Singapore PTE LTD v. which statement should be found in the proof of service or sheriff’s return. and actions are quasi in rem. The impossibility of prompt personal service should be shown by stating the efforts made to find the defendant himself and the fact that such efforts failed. 156759 (2013)] Q32: HOW DO YOU EFFECT SUBSTITUTED SERVICE? A32: If. Dakila Trading. actions in rem are actions against the thing itself instead of against the person. G. (2) He is not found in the Philippines.R. 147369 (2003)] The following cases are specifically stated by the rules: a) Those which affect the personal status of the plaintiff. Co Jr.. 156759 (2013)] Q33: DIFFERENTIATE BETW EEN ACTIONS IN PERSONAM.UP LAW BOC REMEDIAL LAW PRE-WEEK Q31: W HEN CAN THERE BE RESORT TO SUBSTITUTED SERVICE? A31: To warrant the substituted service of the summons and copy of the complaint. Boyon. in excluding the defendant from any interest in property located in the Philippines. No. c) Those in which the relief demanded consists. property within the Philippines in which defendant claims a lien or interest. G. 172242 (2007)] Q34: W HEN MAY EXTRATERRITORIAL SERVICE OF SUMMONS BE RESORTED TO. wholly or in part. actual or contingent. AND W HAT ARE THE MODES OF EFFECTING IT? A34: Extraterritorial service is applicable in cases where: (1) Defendant is a nonresident. Being in derogation of the usual method of service. G. the defendant cannot be served in person within a reasonable time. the service of the summons may then be effected through substituted service either: (a) By leaving a copy at his residence with some person of suitable age and discretion then residing therein. Co. G. No. the serving officer must first attempt to effect the same upon the defendant in person. or d) Those wherein property of defendant within the Philippines has been attached Page 10 of 65   . or quasi in rem [Jose v. where an individual is named as defendant and the purpose of the proceeding is to subject his or her interest in a property to the obligation or loan burdening the property. The rule on personal service is to be rigidly enforced. for justifiable reasons. Jr.. the requisite showing of the impossibility of prompt personal service as basis for resorting to substituted service may be waived by the defendant either expressly or impliedly. No. No. and (3) The action is either in rem. Only after the attempt at personal service has become futile or impossible within a reasonable time may the officer resort to substituted service. Nonetheless. A33: Actions in personam. are those actions brought against a person. ACTIONS IN REM AND ACTIONS QUASI IN REM. b) Those which relate to.R. substituted service may be used only as prescribed and in the circumstances authorized by statute.

(e) treasurer. in the following modes: (1) By personal service (outside of the Phils. (b) managing partner. PARTNERSHIP OR OTHER JURIDICAL ENTITY? A35: It is governed by Rule 14. and after the Petition for annulment of judgment under period to file petition for relief under Rule 38 Rule 47 on the ground of extrinsic fraud. Rule 14 is void. TO A PARTY W HO W AS DECLARED IN DEFAULT? A36: [Riguera. (2) By publication (outside of the Phils. excusable negligence [FAME]. within 4 years from discovery of the extrinsic fraud Page 11 of 65   . but within 6 months from entry thereof (must be within both periods) After judgment becomes final. before judgment is rendered After judgment is rendered. or (f) in-house counsel. and a meritorious defense. limited and exclusive. Rizal Commercial Banking Corporation. Rule 14. within 60 days from notice of the judgment. which amounts to a valid service of summons. It provides that service must be made on any of the following: (a) president. However. if one of the persons in the enumeration empowers another to act as his/her agent to receive summons in representation.) in a newspaper of general circulation in such places and for such time as court may order AND. accident.UP LAW BOC REMEDIAL LAW PRE-WEEK Service of summons is effected.). a copy of the summons and order of the court shall be sent by registered mail to the last known address of defendant. or (3) In any other manner the court may deem sufficient. Q35: HOW IS SERVICE OF SUMMONS DONE TO A DOMESTIC CORPORATION. as under Sec. IN VARIOUS STAGES OF THE PROCEEDINGS. [Nation Petroleum Gas v. p. (d) corporate secretary. Section of the Rules of Court. but before the same Motion for new trial under Rule 37 on the becomes final and executory ground of FAME. defective and not binding to said corporation. mistake. but before Motion to set aside the order of default. (c) general manager. 183370 (2015)]   Q36: W HAT ARE THE REMEDIES AVAILABLE. 274] Situation Remedy After order declaring in default. by leave of court. physical handing of the summons to the corporate secretary. The enumeration of persons to whom summons may be served is restricted. Substantial compliance cannot be invoked. 6. No.R. the latter could at least be charged with having constructively received the same. Service of summons upon persons other than those officers specifically mentioned in Section 11. G. upon judgment is rendered showing any of the following grounds: fraud. before the judgment becomes final and executory After judgment becomes final Petition for relief from judgment under Rule 38 on the ground of FAME. while it may be true that there was no direct.

” the Supreme Court has issued an administrative rule that if the plaintiff fails to file said motion within the given period. The Rules also provide that failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. G. Moreover. JUAN FAILED TO MOVE THAT THE CASE BE SET FOR PRE-TRIAL. AFTER THE LAST PLEADING W AS SERVED AND FILED. 03-1- 09-SC]. A40: Civil (Rule 18) Criminal (Rule 118) After the last pleading has been served After arraignment and within 30 When set and filed (Sec. PEDRO CONTENDS THAT FAILURE TO COMPLY W ITH SUCH DUTY W ARRANTS DISMISSAL OF THE CASE.UP LAW BOC REMEDIAL LAW PRE-WEEK If grave abuse of discretion attended the grant of Special civil action for certiorari under Rule 65 order of default   Q37: W HAT ARE THE GROUNDS FOR A MOTION TO DISMISS? A37: (1) Lack of jurisdiction over the defendant’s person (2) Lack of jurisdiction over the subject matter of the claim (3) Improper venue (4) Plaintiff’s lack of legal capacity to sue (5) Litis pendentia (6) Res judicata (7) Prescription (8) Failure to state a cause of action (9) Extinguished claim (10) Unenforceable claim under the Statute of Frauds (11) Non-compliance with a condition precedent Q38: W HAT IS THE EFFECT OF FAILURE TO FILE A PRE-TRIAL BRIEF? A38: Section 6. 156606 (2007)] Q39: JUAN IS A PLAINTIFF IN A CIVIL CASE FOR DAMAGES. A39: The Motion to Dismiss must be denied. [Republic v. FILED A MOTION TO DISMISS STATING THAT PRE-TRIAL IS MANDATORY AND THE RULES STATE THAT IT IS THE PLAINTIFF W HO HAS THE DUTY TO MOVE FOR PRE-TRIAL AFTER THE LAST PLEADING IS FILED. THE DEFENDANT. Therefore. If the trial court has discretion to dismiss the case because of plaintiff’s failure to appear at pre-trial. RULE ON THIS CONTENTION. PEDRO. Rule 18) days after the court acquires Page 12 of 65   . plaintiff’s failure to file the pre-trial brief shall be cause for dismissal of the action. then the trial court also has discretion to dismiss the case because of plaintiff’s failure to file the pre-trial brief. the branch clerk shall issue a Notice of Pre-Trial [AM No. states that “After the last pleading has been served and filed. Rule 18.R. Furthermore. 1. whether an order of dismissal should be maintained under the circumstances of a particular case or whether it should be set aside depends on the sound discretion of the trial court. No. Although Section 1. Q40: DISTINGUISH PRE-TRIAL IN CIVIL CASES AND PRE-TRIAL IN CRIMINAL CASES. it shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial. Oleta. failing to move for pre-trial is not one of the grounds in a motion to dismiss. Rule 18 of the Rules of Court mandates that parties shall file with the court and serve on the adverse party their pre-trial briefs at least three days before the scheduled pre-trial.

(Sec. trial otherwise they cannot be used against the accused. AFTER JUAN PRESENTED HIS EVIDENCE. No. sickness.M. (Sec.03-01-09-SC) ex parte that the case be set for pre- Who moves to set trial conference. Not specifically required. 6. Rule 18). infirmity. shall be cause for the plaintiff to present Rule 118). The minutes may be signed shall be reduced and writing Agreements and by either party or counsel [Riano] and signed by both the admissions in the pre.UP LAW BOC REMEDIAL LAW PRE-WEEK jurisdiction over the person of the accused (Sec. 3. evidence ex parte and obtain judgment based thereon. or imprisonment (d) Inability to procure attendance of witness-deponent by subpoena (e) Exceptional circumstances. Pre-trial brief Failure to file PTB has same effect as failure to appear Q41: W HEN MAY DEPOSITIONS OF A W ITNESS BE USED FOR ANY PURPOSE? A41: (a) Witness-deponent is dead (b) Witness-deponent resides more than 100 km from the place of trial or hearing. 2. filed). unless absence was procured by the proponent of the deposition (c) Disability of a witness-deponent due to age. Rule 18). (A. when the interest of justice may require. the plaintiff must promptly move No. accused and counsel. If the plaintiff fails to file said motion within the given period. 5. Q42: JUAN IS A PLAINTIFF IN A CIVIL CASE AGAINST PEDRO.03-01-09-SC) Mandatory Yes Yes Not required to be signed by both party All admissions and agreements and counsel. the and serving of the last pleading joining court shall set the pre-trial the issues (or the expiration of time to file conference within thirty (30) such pleading without it having been days from arraignment. the Branch Clerk of Court shall issue a notice of pre-trial (A. Rule 118) Failure of a plaintiff to appear results to Failure of the counsel of the the dismissal of the case with prejudice accused or the prosecutor to unless otherwise ordered by the court appear without an acceptable excuse results to sanctions and Effect of failure to penalties on the appear Failure of the defendant to appear counsel/prosecutor (Sec. or is out of the country. Specifically required (Sec.M. 1. PEDRO FILED A DEMURRER W HICH W AS GRANTED BY THE TRIAL Page 13 of 65   . Rule 118) Within five (5) days from date of filing After the arraignment.

CA. G. (b) Be resorted to only in cases where the facts are in the main accepted by both parties and easily determinable by the judge and there are no doctrinal complications involved that will require an extended discussion of the laws involved. or (b) In the success of either of the parties.R. Republic v. L-18103 (1992)] Q45: W HAT IS A MEMORANDUM DECISION. Del Monte Motor Works. Tuvera. 313. [Sec. 1. PEDRO FILES A PETITION BEFORE THE SUPREME COURT CONTENDING THAT THE PROPER ORDER SHOULD HAVE BEEN A REMAND OF THE CASE TO THE TRIAL COURT FOR PEDRO TO PRESENT HIS OW N EVIDENCE. If a demurrer is granted but later reversed on appeal. 148246 (2007)]. citing Francisco v.R. [Consolidated Bank and Trust Corp. [Bersamin. or (c) Against both. Manila Oil. IF YOU W ERE THE COURT. which must be contained in a statement attached to the said decision (and not merely a remote reference). v. No. that incorporates by reference the findings of fact or the conclusions of law contained in the decision. Appeal and Review in the Philippines (2000).. it must: (a) Provide for direct access to the facts and the law being adopted. No. Q43: W HAT ARE THE REQUISITES FOR INTERVENTION? A43: (1) The intervenor has legal interest: (a) In the matter in controversy. p. order or ruling under review. the defendant loses his right to present evidence. AND IS IT VALID? A44: It is one rendered upon confession made pursuant to a clause in a promissory note or contract that upon default. the holder may confess judgment as the maker’s attorney-in-fact. AND W HEN CAN IT BE CONSIDERED VALID? A45: It is a decision rendered by an appellate court. G.R. 125302 (1998)] Q44: W HAT IS A JUDGMENT COGNOVIT ACTIONEM. No. G. THE APPEAL W AS GRANTED AND THE COURT OF APPEALS RENDERED JUDGMENT AGAINST PEDRO. Inc. This is considered void in our jurisdiction for denying a party his right to a day in court [PNB vs. or (d) Is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an office thereof. G. the appellate court should not remand the case for further proceedings but should render judgment on the basis of the evidence submitted by the plaintiff.R. No. G. If the order granting the demurrer is reversed on appeal.R. No. 81006 (1989)] Q46: W HAT ARE THE GROUNDS FOR QUASHING A SUBPOENA? Page 14 of 65   . Rule 33. UPON APPEAL TO THE COURT OF APPEALS. To be valid. (2) Intervention will not unduly delay or prejudice the adjudication of rights of original parties (3) Intervenor’s rights may not be fully protected in a separate proceeding [Ortega v. 143338 (2005)]. HOW W OULD YOU RULE ON PEDRO’S ARGUMENT? A42: Pedro’s argument has no merit. Permskul.UP LAW BOC REMEDIAL LAW PRE-WEEK COURT.

or other documents. A. The grounds are as follows: (1) There exists no genuine issue as to any material fact. Heirs of Oribello. or (b) That there was no tender of witness fees and kilometrage. 981-CFI (1977)] Q48: W HAT ARE THE DIFFERENT KINDS OF CONSOLIDATION? A48: [Republic v. This viatory right applies only in civil cases. not criminal cases. For quashing subpoena ad testificandum (a) That the witness is not bound thereby. or even without a pre-trial.M. and become one single action in which judgment is rendered (3) Consolidation for Trial – where several actions are ordered to be tried together.R. It is rendered without a trial. except one. 1. and (2) The party presenting the motion must be entitled to judgment as a matter of law [Rule 35] Page 15 of 65   . Insufficient denial of the material allegations of the complaint. summary Judgment is a judgment which the court may render before trial. (c) That the applicant does not advance the cost for the production of the articles desired. in which case. (b) That the articles sought do not appear prima facie relevant to the issues. The grounds are as follows: (1) The answer fails to tender an issue because of: a. No. with notice upon the adverse party who may file an opposition supported also by such documents. and requires the entry of separate judgment Q49: DISTINGUISH A JUDGMENT ON THE PLEADINGS FROM A SUMMARY JUDGMENT. citing 1 Regalado. except as to the amount of damages. or otherwise admits the material allegations of the adverse party’s pleading. Q47: W HAT IS THE VIATORY RIGHT OF A W ITNESS. Rule 34] On the other hand. not actually consolidation but is referred to as such (2) Actual consolidation – where several actions are combined into one. the judgment in the one trial is conclusive as to others. or (d) That there was no tender of witness fees and kilometrage.UP LAW BOC REMEDIAL LAW PRE-WEEK A46: [Sec. upon application by one party supported by affidavits. 4. A49: Judgment on the pleadings is a judgment rendered by the court if the answer fails to tender an issue. of several actions are stayed until one is tried. that there exists no genuine issue between them. General denial of the material allegations of the complaint. or (2) The answer otherwise admits material allegations of the adverse party’s pleading [Sec. b. in the ordinary course of travel [Riguera. but each retains its separate character. No. G. after summarily hearing both parties with their respective proofs. but after both parties have pleaded. depositions. should the court find. 199501 (2013)] (1) Quasi-consolidation – where all. Rule 23] For quashing subpoena duces tecum: (a) That the subpoena is unreasonable and oppressive. 300]. p. [Genorga v. AND IS IT APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES? A47: The viatory right of a witness is the right to not be compelled to attend in court under a subpoena if s/he resides more than 100 kilometers from his residence to where he is to testify. lose their separate identity. Quitain.

v. Dejapa.R.. or of a particular longer be disturbed. same as the general rule Requires a 10-day notice. [Apo Fruits Corp. 167332 (2011)] one or more separate claims 3) Whenever circumstances transpire c. Rule 41 of the Rules of Court states that appeal a judgment that has attained finality can no may be taken from a judgment or final order that completely disposes of the case. J.UP LAW BOC REMEDIAL LAW PRE-WEEK Other differences are as follows [Riguera]: Judgment on the Pleadings Summary Judgment Based on the pleadings only May be based on the pleadings as well as affidavits. and civil action for certiorari. v. Land Bank of the Phils. Supreme Court’s plenary (2010)] discretion to accept or refuse invocations of its appellate 4) In cases of special and exceptional jurisdiction nature. 1.] 2) To put an end to judicial controversies at the expense of occasional errors. No. the remedy from an justice. Cases under Sec. Dejapa. G. when it is necessary in the interest of justice to direct Page 16 of 65   . 158239 (2012). Rule 35] for motions [Sec. Moreover. Bersamin.R. 167332 (2011)] a. No. 120] 1) Correction of clerical errors [Filipinas 1) Statutory exception Palmoil Processing. [Riano] Exceptions to the final judgment rule are as Exceptions to the doctrine of immutability of follows: [Bersamin. b. No. 164195 a. Rule 15] No such thing as a partial judgment on the Partial summary judgment may be allowed pleadings May only be prayed for by the claiming party or May be prayed for by either claiming or defending plaintiff party Q50: DISTINGUISH THE FINAL JUDGMENT RULE FROM THE DOCTRINE OF IMMUTABILITY OF JUDGMENTS A50: Final judgment rule Doctrine of immutability of judgment Applies to final judgments and orders Applies to final and executory judgments and orders The final judgment rule as enunciated in Section Under the Doctrine of Immutability of Judgments.R. and to make orderly the discharge interlocutory order is not an appeal but a special of judicial business. 3. Javellana. The reason of two-fold: matter therein when declared by these Rules to 1) To avoid delay in the administration of be appealable. depositions and admissions. [Sec. Requires a 3-day notice. v. 1. Rule 109 after finality of the decision. [Jose v. G. Inc. G. Appeal and Review in the judgment as seen in jurisprudence: Philippines (2000) p. rendering (special proceedings): its execution unjust and 2) Discretionary exception inequitable. Inc. Partial judgment for or against No. G.R. Partial judgment for or against one or more of several parties 2) Nunc Pro Tunc entries [Filipinas Palmoil Processing. 4.

Recognition and enforcement of a foreign judgment or final order requires only proof of fact of the said judgment or final order. AND HOW MAY THEIR ENFORCEMENT BE REPELLED? A52: In case of judgment or final order upon a specific thing.UP LAW BOC REMEDIAL LAW PRE-WEEK 3) Collateral order exception modification in order to harmonize the disposition with the prevailing a. it is presumptive evidence of a right as between parties and successors in interest Foreign judgments in either case may be repelled by the following grounds: (1) Want of jurisdiction (2) Want of notice (3) Collusion (4) Fraud (5) Clear mistake of law or fact Q53: W HAT ARE THE REQUISITES AND GROUNDS FOR THE ISSUANCE OF A W RIT OF PRELIMINARY INJUNCTION AND A FINAL W RIT OF INJUNCTION? A53: For a writ of preliminary injunction: Page 17 of 65   . 4. it is conclusive upon the thing. v. But the filing of a civil complaint is an appropriate measure for such purpose brought before the regular courts. G. No.R. Rule 67] for relief [Gochan v. G. a judgment or final order of a foreign tribunal cannot be enforced simply by execution. Insurance v.R. No. specifically declared by the Rules to be People.164518 (2006)] rights underlying the action and which is too important to be 5) In case of void judgments [FGU denied review. In case of judgment or final order against a person. p. [BPI Securities v. 167052 (2015)] Q52: W HAT IS THE EFFECT OF FOREIGN JUDGMENTS. 2. RTC Makati. Such judgment or order merely creates a right of action.R.R. An action for the enforcement of a foreign judgment or final order in this jurisdiction is governed by Rule 39. and its non-satisfaction is the cause of action by which a suit can be brought upon for its enforcement. The rules are silent as to what initiatory procedure must be undertaken in order to enforce a foreign judgment in the Philippines. 580]: 7) When there are grounds for (1) The order of expropriation in annulment of judgment or petition expropriation cases [Sec. Section 48 of the Rules of Court. 161282 (2011)] 6) Where there is a strong showing that a Examples of cases where the particular matter grave injustice would result from an (although not completely disposing of the case) is application of the Rules [Almuete v. No. The decision or order determines circumstances [Industrial Timber Corp. Rule 69] Q51: HOW MAY A FOREIGN JUDGMENT BE ENFORCED? A51: In the Philippines. G. G. (2) The order of partition in partition 182314 (2013)] cases [Sec. 179611 (2013)] appealable are the following [Riguera. Mancao.R. G. No. No. Guevara. a matter collateral to the Ababon.

embezzled or fraudulently misapplied or converted to his own use by either: (a) A public officer. Also.R. continuance. the grounds for issuance of a preliminary injunction are as follows [Sec. 3. (2) Action for money or property. AND DIFFERENTIATE IT FROM A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION? A54: A status quo ante order is an order to maintain the last. or is procuring to be done acts probably in violation of rights of the applicant and tending to render the judgment ineffectual For a final writ of injunction: If after the trial. unlike the amended rule on restraining orders. Lacson. Bersamin. 134971 (2006)] Moreover. court. Rule 58]: (1) The applicant is entitled to the relief demanded. Majestic Finance. Page 18 of 65   . The status quo order was thus issued motu proprio on equitable considerations. it can be granted even if the affected party neither sought such relief or the allegations in his pleading nor did not sufficiently make out a case for a temporary restraining order. unlike a temporary restraining order or a preliminary injunction. Compared to a temporary restraining order or a preliminary injunction. (b) An officer of a corporation.] Q55: ON W HAT GROUNDS MAY A PRELIMINARY ATTACHMENT BE GRANTED? A55: (1) Action for recovery of a specified amount of money or damages. delict. [Megaworld Properties v. quasi-contract. agency or a person is doing.UP LAW BOC REMEDIAL LAW PRE-WEEK According to jurisprudence. 9. it appears that the applicant is entitled to have the acts complained of permanently enjoined [Sec. the requisites are: (1) Right in esse or a clear and unmistakable right (2) Violation of that right (3) Urgent and permanent act and urgent necessity for the writ to prevent serious damage [Tayag v. a status quo order does not require the posting of a bond. G. contract. No. a status quo order is more in the nature of a cease and desist order. peaceable and uncontested state of things that preceded the controversy. No. or quasi-delict (ii) Against a party who is: (1) about to depart from the Philippines (2) with intent to defraud his creditors. and such relief consist in whole or in part of restraining the commission or continuance of an act or requiring performance of an act (2) The commission. J.R. it is a remedy apart from the provisional remedies expressly recognized and made available under Rule 56 to Rule 61 of the Rules of Court. since it neither directs the doing or undoing of acts as in the case of prohibitory or mandatory injunctive relief. according to the rules. 169694 (2015). or non-performance would probably work injustice to the applicant (3) A party. Further. attempting to do. threatening. Rule 58] Q54: W HAT IS A STATUS QUO ANTE ORDER. G. except moral and exemplary (i) On a cause of action arising from law. actual.

Rule 14 Q56: W HAT IS THE LIFETIME OF A W RIT OF EXECUTION? A56: Under the present Section 14. A foreign arbitral award cannot be enforced under Section 48 because it is not a foreign judgment. NOTE: The persons on whom summons may be served by publication are: (a) Resident defendants whose identity or whose whereabouts are unknown [Sec. 16. NOTE: The delivery of counterfeit money or knowingly issuing a bounced check are considered as grounds under this rule [Riano] (5) Action against a party who: (i) has removed or disposed of his property. or disposed of (ii) To prevent its being found or taken by the applicant or an authorized person. removed. broker. or any part thereof. or (d) Any other person in a fiduciary capacity. OR in the performance thereof. in the course of his employment as such. p. It may be enforced under Rule 12 of the Special Rules of Court on Alternative Dispute Resolution. within 5 years from entry thereof [Bajet v. (3) Action to recover the possession of property unjustly or fraudulently taken. or (b) On whom summons may be served by publication.UP LAW BOC REMEDIAL LAW PRE-WEEK (c) An attorney.M. Baclig. or is about to do so. or clerk. A. has been concealed. AND W HEN MAY IT BE BY INDEPENDENT ACTION? Page 19 of 65   . No. Rule 14] (b) Resident defendants who are temporarily out of the country [Sec. the lifetime of the writ of execution during the period within which the judgment may be enforced by motion. or for a willful violation of duty. Rule 39. 14. NOTE: The rule makes no distinction between real and personal property [Riano] (4) Action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought. (i) When the property. agent. (ii) with intent to defraud his creditors (6) Action against a party who: (a) Does not reside and is not found in the Philippines. detained or converted. 569-570] Q58: HOW MAY A JUDGMENT BE EXECUTED BY MOTION. factor. that is. as a petition to recognize or enforce the arbitral award with any of the following RTCs: (a) Where the arbitration proceedings were conducted (b) Where any of the assets to be attached or levied upon are located (c) Where to act to be enjoined is being performed (d) Where any of the parties to arbitration resides or has its place of business (e) In the National Capital Judicial Region [Riguera. RTJ-00-1598 (2002)] Q57: CAN A FOREIGN ARBITRAL AW ARD BE ENFORCED UNDER SECTION 48 OF RULE 39 OF THE RULES OF COURT? EXPLAIN BRIEFLY A57: No.

Bondoc. It is settled that one of the requisites for a writ of prohibition to issue is that there is no plain. (e) where petitioner was deprived of due process and there is extreme urgency for relief. relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable. the petitioner must first exhaust all administrative remedies. (b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court. (g) where the proceedings in the lower court are a nullity for lack of due process. or are the same as those raised and passed upon in the lower court. et al vs. and before it is barred by the statute of limitations (ten (10) years from entry [Art. After the lapse of such time. the venue should be the special commercial court having jurisdiction over the area where respondent or any of the respondents reside. original and exclusive jurisdiction is vested on the special commercial courts. in these cases. No.R. the Court of Appeals. a judgment may be enforced by action. speedy and adequate remedy in the ordinary course of law. under the circumstances. Once the judgment is revived. 140777. 1(c). and (i) where the issue raised is one purely of law or where public interest is involved. Rule 65]. 173840 (2012)] Q61: W HAT IS THE PROPER VENUE FOR THE SPECIAL CIVIL ACTION OF QUO W ARRANTO? A61: Generally. 1144(3)]). it should be in the Supreme Court. Seludo.UP LAW BOC REMEDIAL LAW PRE-WEEK A58: A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. (c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the Government or of the petitioner or the subject matter of the action is perishable. Inc. No. as where the court a quo has no jurisdiction. Hence. [PNB v. L-20236 (1965)] Q59: W HAT ARE THE EXCEPTIONS TO THE RULE THAT A MOTION FOR RECONSIDERATION IS A PREREQUISITE TO A PETITION FOR CERTIORARI? A59: (a) where the order is a patent nullity. a motion for reconsideration would be useless. Northwestern University.. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations. In order that prohibition will lie. (d) where. in a criminal case. Rule 66 (An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act). [Abacan vs. Page 20 of 65   . 7. Jr. G. the Court of Appeals. (2005)] Q60: DOES FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES BAR RESORT TO A PETITION FOR PROHIBITION? A60: Yes.R. the 10- year prescriptive period commences to run from the date of finality of the revived judgment and not the original judgment. [Samar II Electric Cooperative. it should be filed with the Supreme Court. or an RTC in the City of Manila [Sec. G. Note: If the quo warranto under Sec. (h) where the proceeding was ex parte or in which the petitioner had no opportunity to object. No.. or the RTC exercising jurisdiction over the area where the respondent or any of the respondents reside. Inc. The availability of an administrative remedy via a complaint filed before the NEA precludes the filing a petition for prohibition before the court.R. If filed by the Solicitor General. (f) where. G.

Thus. and the order must be served upon him. reckoning just compensation on the value at the time the owners commenced these inverse condemnation proceedings is warranted. it is not necessary that jurisdiction over the person of the defendant be first obtained. Court of Appeals (1992). v. In Davao Light & Power Co. A63: The distinction is indispensably necessary to determine when jurisdiction over the person of the defendant should be acquired in order to validly implement the writ of attachment upon his person. In short. but also the summons addressed to said defendant as well as a copy of the complaint. it is indispensable not only for the acquisition of jurisdiction over the person of the defendant. as explicitly required by Section 5 of Rule 57. once the im plem entation of the writ com m ences. (3) the writ is implemented. even though no formal exercise of the power of eminent domain has been attempted by the taking agency. Inc. jurisdiction over the person of the defendant is necessary only in the implementation of the writ. 166759 (2009)] Page 21 of 65   . Rule 57 on preliminary attachment speaks of the grant of the remedy “at the commencement of the action or at any time before entry of judgment. and costs of litigation. (2) the writ of attachment issues pursuant to the order granting the writ.R. together with a copy of the complaint. 179334 (2015) states that in cases where there was taking before the filing of complaint. [National Power Corporation v.” This phrase refers to the date of the filing of the complaint. No. hence the requirement of service of summons prior or contemporaneous to the implementation of the writ. J. [Torres v. or even before summons issues. in view of the expropriating agency’s deprivation of the owners of the beneficial ownership over their property without the benefit of a timely expropriation proceeding. the Court clarified that whatever be the acts done by the Court prior to the acquisition of jurisdiction over the person of defendant do not and cannot bind and affect the defendant until and unless jurisdiction over his person is eventually obtained by the court. the just compensation is based on the value at the time of taking. exemplary damages. to apprise the defendant of the complaint against him and the issuance of a writ of preliminary attachment and the grounds therefor that prior or contemporaneously to the serving of the writ of attachment. and of the order of attachment." The reference plainly is to a time before summons is served on the defendant. G. Spouses Tecson.UP LAW BOC REMEDIAL LAW PRE-WEEK Q62: W HAT IS INVERSE CONDEMNATION? A62: It is the action to recover just compensation from the State or its expropriating agency when the property taken in fact by the governmental defendant. Court of Appeals (1991). service of summons. It is not an action for damages. However.R. attorney's fees. Makabangkit. the Court held that the grant of the provisional remedy of attachment involves three stages: (1) the court issues the order granting the application. Q63: DISCUSS THE DIFFERENCE BETW EEN. Any order issuing from the Court will not bind the defendant. Hence. 165828 (2011). AND THE IMPORTANCE OF. the court has no power and authority to act in any manner against the defendant. In Cuartero v. when the sheriff or other proper officer commences implementation of the writ of attachment. the application for attachment. the applicant’s affidavit and bond. No. for without such jurisdiction. G. No. THE ISSUANCE AND THE IMPLEMENTATION OF THE W RIT OF ATTACHMENT. but also upon consideration of fairness. Satsatin. The owner is then compensated in those cases by the award of interest. In these cases. G. For the initial two stages.] NOTE: The case of DPWH v. the court m ust have acquired jurisdiction over the defendant. it is essential that he serve on the defendant not only a copy of the applicant’s affidavit and attachm ent bond. The subsequent service of summons does not confer a retroactive acquisition of jurisdiction over her person because the law does not allow for retroactivity of a belated service. Bersamin.. which is the moment that marks "the commencement of the action.R.

The period is no less than 90 days but no more than 120 days from the entry of judgment [Sec. should always be borne in mind. Inc. or disobedience to. (b) The expiration or termination of the possessors right to hold possession. (d) Letter of demand upon lessee to pay the rental or comply with the terms of the lease and vacate the premises. express or implied. In its broad sense. An act of a court or tribunal can only be considered as with grave abuse of discretion when such act is done in a capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. Rule 68] Note: This is only applicable to judicial foreclosure. Bersamin. In its restricted and more usual sense. Judge Rabaca. Tobias. could stay the execution..R. MTJ-05-1580 (2010)] Q64: W HAT ARE THE ESSENTIAL REQUISITES OF AN UNLAW FUL DETAINER? A64: (a) The fact of lease by virtue of a contract. [Ferrer v. or to act at all in contemplation of law. A. G. 2. contempt is a disregard of. 177780 (2012). J. HOW DO YOU STAY ITS EXECUTION? A66: The perfection of the appeal by the defendant does not forbid the favorable action on the plaintiff’s motion for immediate execution. No.]   Q65: W HAT IS EQUITY OF REDEMPTION? A65: It is the right of the mortgagor to extinguish the collateral and retain ownership of it exercised after default in the performance of the condition
of the mortgage but before the foreclosure sale of the collateral by paying the mortgage obligation. G. No. as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.R.M.” A64: The term grave abuse of discretion has a specific meaning. (c) Withholding by the lessee of possession of the land or building after the expiration or termination of the right to possess. which is to prevent the plaintiffs from being further deprived of their rightful possession. justice.   Q66: THE EXECUTION OF JUDGMENT IN AN EJECTM ENT CASE IS IMMEDIATELY EXECUTORY. Only the filing of the sufficient supersedeas bond and the deposit with the appellate court of the amount of rent due from time to time. The execution of the decision could not be stayed by the mere taking of the appeal. coupled with the perfection of the appeal. Don Luis Dison Realty. and (e) The filing of the action within one year from the date of the last demand received by the defendant [Pasricha v. or dignity of Page 22 of 65   . 136409 (2008)] Q65: W HAT IS CONTEMPT O F COURT? A65: Contempt of court has been defined as a willful disregard or disobedience of a public authority. [Metrobank v. The summary nature of the special civil action under Rule 70 and the purpose underlying the mandate for an immediate execution.UP LAW BOC REMEDIAL LAW PRE-WEEK Q64: DEFINE “GRAVE ABUSE OF DISCRETION AMOUNTING TO LAW OR EXCESS OF JURISDICTION. No. The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law. contempt comprehends a despising of the authority. the rules or orders of a legislative or judicial body or an interruption of its proceedings by disorderly behavior or insolent language in its presence or so near thereto as to disturb its proceedings or to impair the respect due to such a body.

and is one which.]     Q68: W HAT ARE THE GROUNDS OF THE COURT OF APPEALS IN DISMISSING AN APPEAL? A68: An appeal may be dismissed by the CA. (c). Bersamin. and constructive or indirect contempt. Bersamin. written charges. ANDREW BOGADO W AS CHARGED OF INDIRECT CONTEMPT OF COURT. No. which consists of willful disobedience of the lawful process or order of the court. that is. and no process or evidence is necessary because the act is committed in facie curiae. J. or of page references to record as required in Sec. the second usually requires proceedings less summary than the first. or additions in approved record on appeal as provided in Sec. A person should not be condemned for contempt where he contends for what he believes to be right and in good faith institutes proceedings for the purpose. J. DMAP. A66: Contempt of court is of two kinds. however erroneous may be his conclusion as to his rights. 155849 (2011). G. To constitute contempt. 4. DMAP. the presence or absence of a contumacious intent is. and an opportunity to deny and to defend such charges before guilt is adjudged and sentence imposed. therefore. on its own motion. notice. Thus.]   Q66: COMPARE AND CONTRAST THE TW O KINDS OF CONTEMPT OF COURT. in some instances.R. DMAP. Rule 44 (5) Failure of appellant to serve and file required number of copies of his brief or memorandum within time provided by Rules (6) Absence of specific assignment of errors in the appellant’s brief. [Lorenzo Shipping Corporation v. MAY GOOD FAITH BE USED AS DEFENSE? A67: Yes. 13. of the alleged contemnor should be considered. No.R.R. ON THE GROUND OF MISBEHAVIOR OF AN OFFICER OF THE COURT FOR CRITICIZING A DECISION OF THE COURT OF APPEALS. [Lorenzo Shipping Corporation v. The punishment for the first is generally summary and immediate. 4. No. J.UP LAW BOC REMEDIAL LAW PRE-WEEK a court. 155849 (2011). held to be determinative of its character. (f) of Rule 44 (7) Failure of appellant to take necessary steps for correction or completion of record within time limited by the court in its order Page 23 of 65   . G. Misbehavior means something more than adverse comment or disrespect. The test for criticizing a judges decision is. the act must be done willfully and for an illegitimate or improper purpose. embracing within its legal signification a variety of different acts. which is committed in the presence of or so near the judge as to obstruct him in the administration of justice. and does not spill over the walls of decency and propriety. The proceedings for the punishment of the contumacious act committed outside the personal knowledge of the judge generally need the observance of all the elements of due process of law. Bersamin. The phrase contempt of court is generic. the good faith. Rule 41 (4) Unauthorized alterations. omissions. 155849 (2011). whether or not the criticism is bona fide or done in good faith. or on that of the appellee on certain grounds: (1) Failure of record on appeal to show on its face that appeal was taken within the period fixed by Rules (2) Failure to file notice of appeal or record on appeal within prescribed period (3) Failure of appellant to pay docket and other lawful fees as provided in Sec. if the party is acting in good faith. or lack of it.] Q67: ATTY. (d). Where the act complained of is ambiguous or does not clearly show on its face that it is contempt. is within his rights. G. In contrast. There is no question that in contempt the intent goes to the gravamen of the offense. [Lorenzo Shipping Corporation v. namely: direct contempt. (a).

Bersamin. A. Fabiana against presiding justice Andres B. The second is the institutional function.. circulars. J. No. the MTC or RTC.R. the withdrawal may be allowed in the discretion of the appellate court. the authoritative interpretation of statutes.R. citing Sec. withdrawal of appeal shall be subject to the following rules: (1) Before the record has been forwarded to the clerk of court of the appellate court. which refers to the progressive development of the law for general application in the judicial system. CA-13-51-J (2013).UP LAW BOC REMEDIAL LAW PRE-WEEK (8) Failure of appellant to appear at preliminary conference under Rule 48 or comply with orders. directives of the court without justifiable cause (9) Fact that the order or judgment appealed from is not appealable Other Grounds (1) Appeal under Rule 41 from the RTC. Sebastian Enterprises v. 355. No. The discretion to reinstate is implied from discretion to dismiss the appeal. 252.” [Bersamin. et al. Appeal and Review in the Philippines (2000) p.e. 3. whereby the case is reviewed on appeal to assure that substantial justice has been done. 12. 41862 (1992)] Q71: EXPLAIN THE DUAL FUNCTION OF APPELLATE COURTS A71: “An appellate court serves a dual function. quoted in Re: Letter complaint of Merlita B. (2) Appeal by notice of appeal from a decision rendered by the RTC in its appellate jurisdiction. 2000. the RTC in its discretion may allow withdrawal provided a motion is filed before judgment on the appeal is rendered [Bersamin. With each level of the appellate structure. Differently stated. increases. Rule 50] In criminal cases. [Bersamin. The reinstatement should be justified by a showing of good and sufficient cause. Appeal and Review in the Philippines. The appellate court has the discretion on whether or not to reinstate. Thereafter. citing B. (3) Appeals erroneously taken to the CA (4) By agreement of the parties (i. the review for correctness function diminishes and the institutional function. and the formulation of policy within the proper sphere of the judicial function. which concerns itself with uniformity of judicial administration and the progressive development of the law.P. the review for correctness function is concerned with the justice of the particular case while the institutional function is concerned with the articulation and application of constitutional principles.M. Appeal and Review in the Philippines (2000) p. AND W HEN MAY IT BE W ITHDRAW N UPON DISCRETION OF THE COURT? A69: In civil cases. amicable settlement) (5) Where appealed case has become moot or academic (6) Where appeal is frivolous or dilatory Q69: W HEN MAY APPEALS BE W ITHDRAW N AS A MATTER OF RIGHT. withdrawal may be allowed (2) After the records have already been received by the RTC from the MTC. Jr. 251. [Sec. Reyes.] Page 24 of 65   . The first is the review for correctness function.. p. L. Rule 122] Q70: MAY DISMISSED APPEALS BE REINSTATED? A70: Yes. raising only questions of law. an appeal may be withdrawn as a matter of right at any time before the filing of the appellee’s brief. Court of Appeals. G.

reversal on appeal should not be handed down by the appellate courts. and no error or defect in any ruling or order. The errors are harmless if they do not produce substantial prejudice to the appellant. The court at every stage of the proceedings must disregard any error or defect which does not affect the substantial rights of the parties. G. Accordingly. 111206-08 (1995)] Page 25 of 65   . 6. If the impact is slight and insignificant.UP LAW BOC REMEDIAL LAW PRE-WEEK Q72: STATE THE HARMLESS ERROR RULE IN APPELLATE DECISIONS A72: No error in either the admission or the exclusion of evidence. or otherwise disturbing a judgment or order. we examine its damaging quality and its impact to the substantive rights of the litigant. Teehankee.R. [People v. 362] We have likewise followed the harmless error rule in our jurisdiction. Rule 51] “It is not enough for the counsel of the appellant to point out errors to the appellate court..]. we disregard the error as it will not overcome the weight of the properly admitted evidence against the prejudiced party. [Sec. minor. In dealing with evidence improperly admitted in trial.” [Bersamin. Appeal and Review in the Philippines (2000) p. or inconsequential. modifying. for there must be a persuasive demonstration that the errors were reversible. An error is considered reversible only if it is sufficiently serious or grave that the substantial rights of the appellant are prejudiced [. unless refusal to take such action appears to the court inconsistent with substantial justice. They are minor or inconsequential if they do not affect the results of the cases differently. when the errors are harmless.. or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside. Nos.

organization. in cases of immediate family extralegal killings and (2) Any ascendant. or by some person on any qualified person or file a petition. liberty or is deprived of his liberty. home and thereof. Covers entity engaged in the extralegal killings gathering. on any day and justice of such courts petitioner. association descendant or collateral or institution relative of the aggrieved party within the fourth civil degree of Filing by the aggrieved consanguinity or affinity suspends the right of all [Sec. 2 Where filed (1) SC or any member (1) SB. 2] others [Sec. or of entitled thereto. [Sec. family. (2) Any ascendant. or any (1) At the option of thereof. W HO MAY APPLY. 1] individual or entity.UP LAW BOC REMEDIAL LAW PRE-WEEK SPECIAL PROCEEDINGS Q73: DIFFERENTIATE W RIT OF HABEAS CORPUS AND W RIT OF AMPARO AND THE W RIT OF HABEAS DATA AS TO THE INSTANCES COVERED BY EACH RULE. his behalf [Sec. collecting or storing of data or and enforced information regarding the disappearances or threats person. 1] Who may By the party for whose relief it is The aggrieved party or by Any aggrieved party may file intended. AND W HERE THE PETITION MAY BE FILED A73: [Note: Comprehensive comparative table is attached as Annex] Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data Coverage All cases of illegal confinement Involves right to life. CA. 1] correspondence of the aggrieved party. employee or a private a private individual or [Sec. descendant or collateral the petition may be filed relative of the aggrieved by (also successive): within the 4th civil degree (1) Any member of the of affinity or consanguinity immediate family of the aggrieved (3) Any concerned citizen. 3] entity in the following order: (1) Any member of the However. Involves the right to and detention which any person liberty and security privacy in life. SC. violated or threatened security violated or with violation by an threatened by an unlawful Deprivation of rightful custody unlawful act or omission act or omission of a public of any person from the person of a public official or official or employee. RTC Page 26 of 65   . [Sec. enforced disappearances.

FORMED A NONGOVERNMENTAL ORGANIZATION — ALYANSA LABAN SA MINAHAN SA AHOYHOY (ALMA) TO PROTEST TH E MINING OPERATIONS OF ORO NEGRO MINING IN THE MOUNTAIN. or any thereof in instances element occurred (c) That which has jurisdiction over the place authorized by law [Sec. MAYUMI AND ALM SOUGHT THE ASSISTANCE OF THE LOCAL POLICE TO SEARCH FOR MASIGASIG. which effectively places such persons outside the protection of the law. THE W IFE OF MASIGASIG. ON ORDER OF MAPUSOK. of National Defense v. collected or stored (3) RTC or a judge thereof. ALMA ALSO FILED A PETITION FOR THE ISSUANCE OF THE W RIT OF AMPARO W ITH THE COURT OF APPEALS AGAINST MAPUSOK AND APKA. which. 3] judicial region [Sec. which include an arrest. 3] where the data or information is gathered. A MEMBER OF APKA. MAPAGMATYAG. No. SUBSEQUENTLY. is auxiliary to the local police force and therefore serve as agents of the State. 35. MAYUMI. ALMA MEMBERS PICKETED DAILY AT THE ENTRANCE OF THE MINING SITE BLOCKING THE INGRESS AND EGRESS OF TRUCKS AND EQUIPMENT OF ORO NEGRO. MAYUMI FILED W ITH THE RTC A PETITION FOR THE ISSUANCE OF THE W RIT OF AMPARO AGAINST MAPUSOK AND APKA. RESPONDENTS MAPUSOK AND APKA. HENCE. HAMPERING ITS OPERATIONS. Manalo. IS THEIR DEFENSE TENABLE? A74: No. although being a civil volunteer organization. on any day and at any time. or omission (2) CA or any member (b) Respondent resides or was committed. G. 2] public data files of government offices (4) MTC or first level courts in the absence of RTC judges in a [Sec. The writ of Amparo covers enforced disappearances. MASIGASIG DISAPPEARED.R. Page 27 of 65   .UP LAW BOC REMEDIAL LAW PRE-WEEK at any time where: (2) RTC of place where the (a) Petitioner resides or threat. CANNOT BE IMPLEADED AS RESPONDENTS IN AN AMPARO PETITION. LEARNED FROM MAINGAY. [Sec. DURING THEIR BINGE DRINKING THAT MASIGASIG W AS ABDUCTED BY OTHER MEMBERS OF APKA. and may be impleaded as respondents in an amparo petition. BUT THEY REFUSED TO EXTEND THEIR COOPERATION. A CIVILIAN VOLUNTEER ORGANIZATION SERVING AS AUXILIARY FORCE OF THE LOCAL POLICE TO MAINTAIN PEACE AND ORDER IN THE AREA. CA. or SB – If judicial district [Sec. enforceable only within his (2) SC. Masigasig was abducted by APKA. HEADED BY MASIGASIG. BUT ALL THEIR EFFORTS PROVED FUTILE. A MEMBER OF ALMA. detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government [Section 1. IN THEIR RETURN FILED W ITH THE RTC RAISED AMONG THEIR DEFENSES THAT THEY ARE NOT AGENTS OF THE STATE. AHOHOY. MASIGASIG HAD AN ALTERCATION W ITH MAPUSOK ARISING FROM THE COM PLAINT OF THE MINING ENGINEER OF ORO NEGRO THAT ONE OF THEIR TRUCKS W AS DESTROYED BY ALMA MEMBERS. 180906 (2008)] In this case. act. BP 129] Q74: THE RESIDENTS OF MT. MAPUSOK IS THE LEADER OF THE ASSOCIATION OF PEACE KEEPERS OF AHOYHOY (APKA). AND THE MEMBERS OF ALMA SEARCHED FOR MASIGASIG. Rule on Writ of Amparo] as well as cases where the State refuses to disclose the fate or whereabouts of the person concerned or acknowledge the deprivation of liberty.

STATING THAT THAT THE ISSUANCE OF THE W ARRANT OF ARREST W AS W ITHOUT SUFFICIENT JUSTIFICATION OR W ITHOUT A PRIOR FINDING OF PROBABLE CAUSE. HOW W ILL THE CASES AFFECT THE AMPARO PETITITON SHE EARLIER FILED? A76: The Writ of Amparo shall be consolidated with the criminal action. the latter shall be consolidated with the criminal action. the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition. Bersamin. 23 of the Rule of Amparo.R. association or institution. b) qualified persons or entities. [Mangila v. Mayumi. IN THEIR RETURN FILED W ITH THE CA. M FILED A PETITION FOR HABEAS CORPUS ALLEGING PROCEDURAL FLAW S. RAISED AS THEIR DEFENSE THAT THE PETITION SHOULD BE DISMISSED ON THE GROUND THAT ALMA CAN NOT FILE THE PETITION BECAUSE OF THE EARLIER PETITION FILED BY MAYUMI W ITH THE RTC. or any concerned citizen. the writ of habeas corpus could not be used as a substitute for another available remedy.UP LAW BOC REMEDIAL LAW PRE-WEEK Q75: RESPONDENTS MAPUSOK AND APKA. No. ARE RESPONDENTS CORRECT IN RAISING THEIR DEFENSE? A75: Yes. organization. following the transmittal of the records to it for appropriate action. 2(c) of the Rule on the Writ of Amparo. G. the aggrieved party’s wife. J. any ascendant. if there is no known member of the immediate family or relative of the aggrieved party. This is because the restraint. see also Sec. parents of the aggrieved party). in the following order: any member of the immediately family (i. in default of the former. Q76: MAYUMI LATER FILED SEPARATE CRIMINAL AND CIVIL ACTIONS AGAINST MAPUSOK. being lawful and pursuant to a court process. children. Since her arrest and is virtue of an order lawfully issued by a judge.e. could not be inquired into through habeas corpus. Under Sec. spouse. AND THAT THE PRELIMINARY INVESTIGATION W AS NOT YET COMPLETED W HEN THE WARRANT W AS ISSUED. Rule 102] Q78: DISTINGUISH PEREMPTORY W RIT FROM PRELIMINARY CITATION A78: Preliminary Citation Peremptory Writ Requires the respondent to appear and show A written document which unconditionally cause why the peremptory writ should not be commands the respondent to have the body of granted the detained person before the court at a Page 28 of 65   .” Q77: M W AS ARRESTED AND DETAINED THROUGH A SEARCH W ARRANT ISSUED BY JUDGE C OF THE RTC AND AFTER A PRELIMINARY INVESTIGATION BY THE INVESTIGATING OFFICER. the filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. “when a criminal and separate civil action are filed subsequent to the Writ of Amparo. Pangilinan. In this case. the writ of habeas corpus was not an appropriate remedy to relieve her from the restraint on her liberty. After consolidation. or.. 4. Moreover. ALMA may no longer file the same petition. 160739 (2013). W ILL THE PETITION PROSPER? A77: No. descendant or collateral relative of the aggrieved party within the fourth civil degree of consagunity or affinity. Under Sec. had already filed a petititon. Her proper recourse was to bring the supposed irregularities attending the conduct of the preliminary investigation and the issuance of the warrant for her arrest to the attention of the City Prosecutor. Those who may file under the rule are: a) the aggrieved party.

160792 (2005). Inspection Order (IO). Production Order (PO). be protected in a property. The rulings of the RTC and CA were improper. 166682 (2009)] Q81: W HAT ARE THE INTERIM RELIEFS AVAILABLE TO PARTIES IN CASES FOR W RIT OF AMPARO. RATIOCINATING THAT THERE THE CASE W AS MOOT AND ACADEMIC AND THERE WAS NOTHING LEFT TO BE DONE IN THE HABEAS CORPUS PROCEEDINGS SINCE THE MINOR W AS ALREADY PRODUCED. L-15548 (1962) and 1 Regalado. Director of Prisons. Thus. 3. (a) The Department of member of the control of a designated custody or control of any Justice for admission to immediate family shall land or other designated the Witness Protection. The RTC should then conduct a trial to determine who has rightful custody over the minor. citing Kabigting v.R. where it was ruled that the order to present an individual before the court is a preliminary step in the hearing of the petition. and Sec. 303] Q80: N FILED A PETITION FOR HABEAS CORPUS INVOLVING HIS 9-YEAR OLD CHILD A. No. Santos. the 48-hour period starts to run on the day after the notice was received [Riguera. 1. Security and Benefit government agency or Page 29 of 65   . For respondents: IO and PO are available upon motion. THE RTC DISMISSED THE CASE. Rule 22. as stated in In the Matter of the Petition for Habeas Corpus of Alejano v. AFTER PRODUCING THE MINOR CHILD IN COURT. In cases involving minors. W HO W AS TAKEN BY HIS EX-HUSBAND T. while the IO and PO are upon motion.R. G. to permit entry documents. The main purpose of the petition for habeas corpus is to determine who has the rightful custody over the child. Remedial Law Compendium (4th ed). No. p. the day of the act or event from which the period begins to run is excluded and the day of the performance included. ARE THE ACTIONS OF THE COURTS A QUO PROPER? A80: No. Rule 102. papers. the order to produce the body is not equivalent to a grant of the writ of habeas corpus.R. and Witness Protection Order (WPO). G. [See Sec. 19. The TPO and WPO may be granted upon motion or by the court motu proprio. Hence. Rule 41] Note: By virtue of Sec. Q79: W HAT IS THE PERIOD AND THE MODE TO APPEAL A JUDGMENT OR FINAL ORDER IN A HABEAS CORPUS CASE? A79: The appeal should be within 48 hours from notice of the judgment or the final order. G. by ordinary appeal/notice of appeal. AND W HEN MAY THEY BE AVAILED OF? A81: The interim reliefs are available upon the filing of the petition and anytime thereafter until final judgment. the purpose of a petition for habeas corpus is not limited to the production of the child before the court. For petitioners: the interim reliefs for the petitioners are the following: Temporary Protection Order (TPO). This order is not a ruling on the propriety of the remedy or on the substantive matters covered by the remedy. THE CA AFFIRM ED THIS. Cabuay. W ITHOUT PREJUDICE ON THE PETITIONERS TO FILE PROPER ACTION FOR CUSTODY OF THE MINOR.UP LAW BOC REMEDIAL LAW PRE-WEEK time and place therein specified NOTE: The peremptory writ is different from the grant of the writ of habeas corpus. [Bagtas v. Temporary Protection Inspection Order (IO) Production Order (PO) Witness Protection Order (TPO) Order (WPO) Petitioner or the Direct any person in Direct any person in Refer the witnesses to aggrieved party and any possession or possession. No.

Program.” IS THIS CONTENTION CORRECT? A84. 19 and 24. [Sec. FOR ALLEGEDLY VIOLATING THEIR RIGHT TO SECURITY IN COLLECTING COMPROMISING PHOTOS ONLINE AND STORING THEM IN SCHOOL COMPUTERS. referred to in Section thereon. Sec. AS THE RULES REQUIRE THAT THE PRIVATE INDIVIDUAL BE “ENGAGED IN THE GATHERING. or objects or tangible agencies.: No. Whether such undertaking carries the element of regularity. COLLECTING OR STORING OF DATA OR INFORMATION.UP LAW BOC REMEDIAL LAW PRE-WEEK by an accredited person for the purpose of books. collecting or storing said data or information about the aggrieved party or his or her family. letters. photographs. IT CANNOT BE HELD LIABLE ON A W RIT OF HABEAS DATA. or (2) When the data or information cannot be divulged to the public due to its nature or privileged character. Rule on Writ of Amparo. measuring. or to securing their safety. the relevant to the petition protection may be or the return. or private institution inspecting. 19 and 25. A PRIVATE INSTITUTION. capable of keeping and association or institution object or operation form which constitute or securing their safety. COUNSEL FOR SCHOOL X ARGUES THAT SINCE THE SCHOOL IS NOT IN THE BUSINESS OF GATHERING. B. To "engage" means "to do or take part in something. to extended to the officers concerned. 14(b)] contain evidence [Sec. Thus. COLLECTING OR STORING DATA. 14(a)] produce and permit their inspection. copying or photographing by or on behalf of the movant [Sec." It does not necessarily mean that the activity must be done in pursuit of a business. or both. 14(c)] Q82: W HAT IS THE PERIOD AND MODE TO APPEAL W RIT OF AMPARO AND HABEAS DATA CASES? A82: Any party may appeal the final judgment or order within 5 working days from notice of the final judgment or order (or MR/MNT denying it) to the Supreme Court by a petition for review on certiorari under Rule 45. for any other reason or even for no reason at all. 14(d)] 3(c) of this Rule. [Sec. AND C. (b) Other government capable of keeping and surveying. and is in the nature of a personal endeavour. the defense that the respondent is not Page 30 of 65   . [Sec. 12] Q84: A. The appeal may raise questions of fact and law. Rule on Writ of Habeas Data] Q83: W HEN MAY THE PETITION FOR HABEAS DATA BE HEARD IN THE CHAMBERS OF THE COURT W HERE IT IS FILED? A83: (1) Where the respondent invokes the defense that the release of the data or information in question shall compromise national security or state secrets. or objects in the petitioner is an private institutions property or any relevant digitized or electronic organization. K-12 MEMORIAL HIGH SCHOOL. What matters is that the person or entity must be gathering. If accredited persons or photographing the things. accounts. FILED A PETITION FOR W RIT OF HABEAS DATA AGAINST THEIR SCHOOL. as when one pursues a business. STUDENTS. [Sec. is immaterial and such will not prevent the writ from getting to said person or entity.

Theresa’s College. storing and collecting data is erroneous [Vivares v. 202666 (2014)].UP LAW BOC REMEDIAL LAW PRE-WEEK engaged in the business of gathering. Page 31 of 65   . No. St.R. G.

Q86: DISCUSS THE PARTICIPATION OF THE SOLICITOR-GENERAL DURING APPEALS IN CRIMINAL CASES A86: The authority to represent the State in appeals of criminal cases before the CA and the Supreme Court is vested solely in the OSG. while the 2nd paragraph refers to the substitution of the information or complaint. A85: The 1st paragraph of Section 14. p. hence the accused cannot substantial amendments to the information after claim double jeopardy. but they differ in the following respects: Amendment Substitution May involve either formal or substantial changes Necessarily involves a substantial change from the original charge If before plea.R. Madayag. Service on the deputized lawyer is insufficient and not valid and binding on the OSG. 1987 Administrative Code] The Solicitor-General is the lawyer of the Government of the Republic of the Philippines. [Section 35(1). No. 171175 (2009)] Page 32 of 65   . hence the original charge. 1992] objection of the accused. there is no need for another Another preliminary investigation is entailed and preliminary investigation and the retaking of plea the accused has to plead anew to the new of the accused information An amended information refers to the same Substitution requires or presupposes that the new offense charged in the original information or to information involves a different offense which an offense which necessarily includes or is does not include or is not necessarily included in necessarily included in the original charge. 103102. Rule 42 of the Rules of Court [People v. Both amendment and substitution of the information may be made before or after the defendant pleads. Title III of Book IV. G. the plea has been taken cannot be made over the G. The OSG shall have the following specific powers and functions: represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings. the accused could invoke double jeopardy. Duca.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] CRIMINAL PROCEDURE Q85: DISTINGUISH AMENDM ENT OF AN INFORMATION FROM SUBSTITUTION. Appeal and Review in the Philippines (2000). [Bersamin. Rule 110 provides the rules for amendment of the information or complaint. Chapter 12. service on the OSG is the proper basis for computing the reglementary period for filing appeals and for finality of decisions. through the OSG. for if the original information would be withdrawn. March 6. 157-158] The respondent’s failure to have a copy of his petition [for review under Rule 42] served on the People of the Philippines. and all other courts or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party.R. may be effected without leave of Must be with leave of court as the original court information has to be dismissed If only as to form. is a sufficient ground for the dismissal of the petition as provided in Section 3. Therefore. represent the Government and its officers in the Supreme Court and Court of Appeals. [Teehankee v.

R. however. No. Alameda. Rule 114]. provided he duly signs a waiver of Article 125 of the RPC. there being no substantial distinction between a preliminary investigation and a reinvestigation. since such remedy applies only in cases subject of preliminary investigation / reinvestigation. (4) In cases. Rule 114]: a. and the accused failed to actively participate in such re-investigation despite his knowledge of such. b. 182677 (2010)] (1) In cases of inquest proceedings.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] Q87: W HAT ARE THE REMEDIES OF AN ACCUSED IN CASE THERE W AS A LACK OF OR AN IRREGULAR PRELIMINARY INVESTIGATION? A87: [Leviste v. the accused may ask for a preliminary investigation within five days from the time he learns of its filing. and upon a showing by the prosecution of the following or similar circumstances [Sec. Page 33 of 65   . or life imprisonment. quasi-recidivism. before the filing of the complaint or information in court. The decision of the inquest prosecutor is not appealable to the DOJ. reclusion perpetua or life imprisonment and evidence of guilt is not strong. (3) The accused may also move for a Judicial Determination of Probable Cause. reclusion perpetua or life imprisonment. (2) Before conviction by RTC of an offense not punishable by death. reclusion perpetua. the accused is barred from praying for a conduct of preliminary investigation. or life imprisonment (2) After conviction by the RTC and the penalty imposed is imprisonment exceeding 6 years. W HEN IS IT DISCRETIONARY. Bail is a matter of discretion (1) Before conviction of an offense punishable by death. G. 5. [Sec. 5. or habitual delinquency or commission of a crime aggravated by reiteration of the accused. reclusion perpetua. 4. Q88: W HEN IS BAIL A MATTER OF RIGHT. [Sec. where a re-investigation was already conducted by the prosecution upon motion of the private complainant after the filing of the information but before arraignment. AND W HEN SHOULD IT BE DENIED? A88: Bail is a matter of right: (1) Before or after conviction by the MTC. The accused previously escaped from legal confinement. the arrested person has the option to avail of a 15-day preliminary investigation. (2) Once a complaint or information is filed in court. Rule 114]: Bail should be denied: (1) After conviction by the RTC of an offense punishable by death. evaded sentence or violated bail conditions without valid justification. Recidivism. (2) After conviction by the RTC of an offense not punishable by death.

AFTER THE PRESENTATION OF THE PROSECUTION’S EVIDENCE. 3(b). parole or conditional pardon by the accused. If the court grants the demurrer it will dismiss the action on the ground of insufficiency of evidence. Rule 119 of the Rules of Court expressly provides that "the order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. W HICH W AS DENIED. A91: Petition for certiorari may be the proper remedy. THE W ITNESS REAPPEARED. Probability of flight. RULE 119 OF THE RULES OF COURT EXPRESSLY PROVIDES THAT "THE ORDER DENYING THE MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE OR THE DEMURRER ITSELF SHALL NOT BE REVIEW ABLE BY APPEAL OR BY CERTIORARI BEFORE JUDGMENT. e. Moreover.R. Commission of offense while under probation. Rule 119. THE ACCUSED MOVED FOR THE DISMISSAL OF THE CASE ON THE GROUND OF VIOLATION OF HIS RIGHT TO SPEEDY TRIAL. ESPECIALLY CONSIDERING THAT SECTION 23. G. If filed with leave and the court denies the demurrer the accused can present evidence in his defense. 24." Page 34 of 65   . AND C W ERE CHARGED W ITH VIOLATION OF RA 3019 IN THE SANDIGANBAYAN.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] c. 23. Parocha. if filed without leave the accused is deemed to have waived his right to present evidence and the court will render judgment based on the evidence presented by the prosecution. No. On the other hand. THEY THEN FILED A SPECIAL CIVIL ACTION FOR CERTIORARI TO ASSAIL THE DEMURRER TO EVIDENCE. Rule 114] Q89: DURING TRIAL OF A CASE FOR ROBBERY W ITH HOMICIDE. HOW W ILL YOU OPPOSE THE MOTION? A89: Under Sec. IF YOU W ERE THE PROSECUTION. SAYING THAT HIS CONSCIENCE W OULD NOT LET HIM REST AND SO HE IS READY TO TESTIFY. The special civil action for certiorari is generally not proper to assail such an interlocutory order issued by the trial court because of the availability of another remedy in the ordinary course of law. d. Section 23. Q90: W HAT IS A DEMURRER TO EVIDENCE (IN CRIMINAL CASES) AND W HAT ARE ITS EFFECTS? A90: A demurrer to evidence is an objection or exception by one of the parties in an action at law. to the effect that the evidence which his adversary produced is insufficient in point of law (whether true or not) to make out his case or sustain the issue” [Pasag v. unless the accused applied for probation [Sec. THEY FILED A DEMURRER TO EVIDENCE. THE ONLY EYEW ITNESS FOR THE PROSECUTION FAILED TO APPEAR AND TESTIFY BECAUSE HE CANNOT BE CONTACTED OR LOCATED. Rule 119] Q91: PETITIONERS A. any period of delay resulting from the absence or unavailability of a witness shall be excluded in computing the time for trial. AFTER A YEAR OF POSTPONEMENTS. This amounts to an acquittal for the accused [Sec. 155483 (2007). B." RESOLVE THE OBJECTION. It can be filed by the accused after the prosecution rests its case with or without leave of court. THIS W AS OBJECTED TO ON THE GROUND THAT SAID PETITION FOR CERTIORARI IS UNDER ANY CIRCUMSTANCE AN IMPROPER REMEDY FOR THE DENIAL OF A DEMURRER TO EVIDENCE. Undue risk that the accused may commit another crime during pendency of appeal. (3) Upon finality of the judgment of conviction. The absent witness must be essential and his whereabouts are unknown or cannot be determined with due diligence.

Exceptions/Qualifications When the judge is absent or Judgment may be promulgated by the clerk of court. 121212 (1999)] Q94: W HEN IS A SEARCH INCIDENTAL TO A LAW FUL ARREST VALID? A94: An arrest incidental to a lawful arrest is valid when: (1) The arrest preceded the search. No. Bersamin. No. G. the petitioners as the accused could avail themselves of the remedy of certiorari when the denial was tainted with grave abuse of discretion. J.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] However. Calayca. or if he jumped thereof at his last known address or thru his counsel bail. Rule 120] General Rule Judgment must be promulgated in the presence of the accused and any judge of the court in which it was rendered. the Supreme Court’s constitutionally granted judicial power to correct grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government cannot be thwarted by rules of procedure. outside of the province or city if the conviction is for a light Judgment may be pronounced in the presence of his counsel or offense representative If the accused is confined or Judgment may be promulgated by the executive judge of the detained in another province or city RTC having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. or if he escaped from prison Q93: W HAT IS THE EFFECT OF AN APPEAL IN A CRIMINAL CASE? A93: An appeal in a criminal proceeding throws the whole case open for review and it becomes the duty of the appellate court to correct an error as may be found in the appealed judgment. 6. If the accused fails to attend the Judgment may be validly promulgated in absentia by recording promulgation even if he was the judgment in the criminal docket and serving him a copy notified thereof. notwithstanding the interlocutory character and effect of the denial of the demurrer to evidence. (2) The arrest is valid Page 35 of 65   . Thus. [Macapagal-Arroyo v. 220598 (2016). Sandiganbayan.R.R. G. whether or not it is made the subject of assignment of errors [People v.] Q92: HOW IS THE JUDGMENT IN A CRIMINAL CASE PROMULGATED? A92: [Sec.

[Sanchez v. and (9) The possibly vulnerable subjective state of the person consenting [Caballes v. 136292 (2002)]. (2) The person involved had knowledge.R. (6) The defendant's belief that no incriminating evidence will be found. ordinance or regulation. (2) Whether he was in a public or secluded location. Relevant to the determination of consent are the following characteristics of the person giving consent and the environment in which consent is given: (1) The age of the defendant. There are however exceptions. CA. (4) When the acts of the officer are without or in excess of authority. G. No. either actual or constructive. No. but as an incident of an arrest. and (3) The said person had an actual intention to relinquish the right [People v. People. Page 36 of 65   . (3) When there is a pre-judicial question which is sub judice. Nuevas. among which are: (1) To afford adequate protection to the constitutional rights of the accused. 204589 (2014)] Q95: W HEN IS A CONSENTED SEARCH. AS AN EXCEPTION TO THE SEARCH W ARRANT REQUIREMENT.R.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] (3) The search is confined to the person arrested. (5) Where the prosecution is under an invalid law. (8) The environment in which the questioning took place. VALID? A95: In cases of consented searches. (3) Whether he objected to the search or passively looked on. preliminary or final.R. or that which may be used as evidence. No. The extent and reasonableness of the search must be decided on its own facts and circumstances. (2) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions. or the fruit of the crime. Assuming a valid arrest. the place or premises where the arrest was made can also be searched without a search warrant. the arresting officer may search the person of the arrestee and the area within which the latter may reach for a weapon or for evidence to destroy. 170233 (2007)]. of the existence of such right. (4) The education and intelligence of the defendant. or which might furnish the arrestee with the means of escaping or committing violence. (5) The presence of coercive police procedures. and seize any money or property found which was used in the commission of the crime. it must first appear that: (1) The right exists. G. G. (7) The nature of the police questioning. Q96: MAY AN INJUNCTION BE ISSUED BY A COURT TO RESTRAIN CRIMINAL PROSECUTION? A96: The general rule is that criminal prosecution may not be restrained or stayed by injunction.

HE W AS ALREADY BONDED AND READY TO ENTER A PLEA.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] (6) When double jeopardy is clearly apparent. (7) Where the court has no jurisdiction over the offense. DISMISSED THE CASE EVEN BEFORE HE W AS ABLE TO ENTER A PLEA BECAUSE OF A DEFECT IN THE INFORMATION. G. 9282. 1] General rule: The civil action for the recovery of civil liability arising from the offense charged is deemed instituted with the criminal action.P. Exception: The civil action is not deemed so instituted if the offended party: (1) Waives the civil action. HOW EVER. 1606 as amended by R. No.A. 8249. Sec. (8) Where it is a case of persecution rather than prosecution. THE RTC. The claim for civil liability survives notwithstanding the death of the accused. B DIED. SHOULD DISMISSAL OF THE CIVIL ACTION BE GRANTED? A98: No. PENDING TRIAL. Enrile. W HO PUBLICLY IMPUTED TO A ACTS CONSTITUTING VIOLATIONS OF THE ANTI- GRAFT AND CORRUPT PRACTICES ACT. notwithstanding the fact that he did not reserve the right to institute a separate civil action based on Article 33 of the Civil Code. SAID CASE W AS SCHEDULED FOR ARRAIGNMENT. IN A SUBSEQUENT Page 37 of 65   . (9) Where the charges are manifestly false. and (10) When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied.R. Rule 111 of the Rules on Criminal Procedure. Court of Appeals (1997)] Q99: C PREVIOUSLY HAD A CASE FILED AGAINST HIM. Sec. [Villegas v. 1 [b]. [Brocka v. 4] (3) Tax cases [R.A. Sec. An action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1. if the same may also be predicated on a source of obligation other than delict. 7 [b][1]] Q98: A INSTITUTED A CRIMINAL COMPLAINT FOR LIBEL AGAINST THE ACCUSED B. A FILED A CIVIL ACTION FOR DAMAGES BASED ON ARTICLE 33 OF THE CIVIL CODE AGAINST THE EXECUTOR OF B’S ESTATE.D. ASSERTING THAT THE CIVIL LIABILITY OF B W AS EXTINGUISHED BY HIS DEATH. Instances where reservation to file the civil action separately shall not be allowed: (1) B. (2) Institutes the civil action prior to the criminal action. The extinguishment of the criminal and civil liability arising from an ex- delicto will not bar the private offended party from pursuing his claim for damages against the executor or administrator of the former's estate. or (3) Reserves the right to institute it separately. 69863-65 (1990)] Q97: W HAT IS THE RULE ON THE IMPLIED INSTITUTION OF THE CIVIL ACTION IN THE CRIMINAL ACTION? A97: [Rule 111. THE HEIRS OF B MOVED FOR THE DISMISSAL OF THE CIVIL ACTION. SUBSEQUENTLY. Rule 111] (2) Cases cognizable by the Sandiganbayan [P. 22 cases [Sec.

(c) after arraignment. and (e) the case was dismissed or otherwise terminated without the express consent of the accused. MR in 2016). considering that under Section 26 of Rule 114 of the Rules of Court. is actually committing. X W AS ARRESTED W ITHOUT A W ARRANT. [Canceran v. Sec. The case was not terminated by reason of acquittal nor conviction but simply because he posted bail. the person to be arrested has committed. or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. provided that he raises them before entering his plea. and (2) There exist special. humanitarian. three requisites must be present: (1) a first jeopardy must have attached prior to the second. No. He himself admitted that he was just about to enter a plea. X W ANTS TO FILE AN APPLICATION FOR BAIL PENDING TRIAL. without a warrant. X to proceed with the filing of the application for bail. BUT IS CONCERNED THAT HE MAY NO LONGER BE ABLE TO QUESTION THE VALIDITY OF HIS ARREST. Second. he never entered a valid plea. Page 38 of 65   . People. W HAT W OULD YOU SAY TO MR. No. Sec. (d) a valid plea having been entered. [Rule 114.] (1) The detainee will not be a flight risk or a danger to the community. 206442 (2015). in his presence. Sec. arrest a person: (a) When. Sandiganbayan. an application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor. Absent these two elements. there can be no double jeopardy. 7]   Q100: W HAT ARE THE INSTANCES OF A VALID W ARRANTLESS ARREST? A100: A peace officer or a private person may. G. CAN C INVOKE DOUBLE JEOPARDY? A99: To raise the defense of double jeopardy. 14] Q101: MR.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] PROSECUTION FOR THE SAME ACTS AND THE SAME CRIME. or has escaped while being transferred from one confinement to another. ALLEGEDLY CAUGHT IN POSSESSION OF 200 GRAMS OF MARIJUANA AFTER A BUY-BUST OPERATION. or is attempting to commit an offense. 5. [Rule 113. G. J. 213847 (2015. First. SANDIGANBAYAN? A102: [Enrile v. Here legal jeopardy did not attach. Legal jeopardy attaches only (a) upon a valid indictment.R.R. (b) before a competent court. AFTER BEING CHARGED BEFORE THE REGIONAL TRIAL COURT OF ILLEGAL POSSESSION OF DANGEROUS DRUGS. 26] Q102: W HAT ARE THE GROUNDS CITED FOR THE GRANT OF BAIL IN ENRILE V. Bersamin. MR. and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending. (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. there was no unconditional dismissal of the complaint. X IF HE COMES TO YOU FOR LEGAL ADVICE? A101: I would advise Mr. and compelling circumstances. and (3) the second jeopardy must be for the same offense as that in the first. (2) the first jeopardy must have been validly terminated. but the first case was dismissed even before he was able to do so. applying Rule 117 Sec.

Q105: DOES THE NEYPES DOCTRINE APPLY TO CRIMINAL CASES? A105: The Supreme Court has ruled that Neypes doctrine (“fresh period” after denial of MR/MNT) should equally apply to criminal cases since although Rule 41 Section 3 of the Rules on Civil Procedure and Rule 122 Section 6 on the Rules of Criminal Procedure are differently worded. X W AS INVITED BY POLICE OFFICERS TO THE POLICE STATION FOR AN “INTERVIEW ” REGARDING AN ALLEGED CRIME W HICH MR. custodial investigation includes the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed. IS MR. Section 4. Rule 120 of the Rules of Court provides for the “variance doctrine” which allows conviction for an offense that is different from the one charged in the Information when the offense proved is included in the offense charged. 170979 (2011)] Q106: S INC. HENCE. THE DIRECTORS AND OFFICERS OF B FILED A MOTION TO SUSPEND THE PROCEEDINGS BEFORE THE CITY PROSECUTOR. THE POLICE OFFICERS HAVE NO INTENTION OF DETAINING HIM. INC. IN THEIR JOINT COUNTER-AFFIDAVIT. HOWEVER. AS THE BUYER. [Yu v. RA 7438. ENTERED INTO A CONTRACT OF SALE OF REAL ESTATE PROPERTIES W ITH B. S DEMANDED THAT B DELIVER TO IT THE TCTS PERTAINING TO THEIR OBJECTS OF SALE. SHOULD THE CRIMINAL ACTION BE SUSPENDED? Page 39 of 65   . THE SELLER. Samson- Tatad. G.. Lara. Under Section 2 of RA 7438. B. REFUSED TO DELIVER.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] Q103: MR. 7438? A103: Yes. HOW EVER. AS WELL AS A CRIMINAL COMPLAINT BEFORE THE CITY PROSECUTOR FOR THE CRIMINAL VIOLATION OF SECTION 25 OF PRESIDENTIAL DECREE NO. 2. 199877 (2012)] Q104: R AND E W ERE CHARGED W ITH FOR THE SALE OF ILLEGAL DRUGS. People vs. No. X IS SUSPECTED TO HAVE COMMITTED. S SIMULTANEOUSLY FILED AN ADMINISTRATIVE COMPLAINT FOR SPECIFIC PERFORMANCE BEFORE THE HLURB. R and E can properly be convicted of possession of drugs. Jurisprudence also provides that custodial investigation starts when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who starts the interrogation and propounds questions to the person to elicit incriminating statements. or of the offense charged which is included in the offense proved. DETAINED OR UNDER CUSTODIAL INVESTIGATION UNDER REPUBLIC ACT NO..” HE W AS NOT ARRESTED. No. [Sec.R. IS THEIR CONVICTION PROPER? A104: Yes. G. AVERRING THAT THE PROCEEDINGS BEFORE THE HLURB W AS A PREJUDICIAL QUESTION W HICH WOULD W ARRANT THE SUSPENSION OF THE CRIMINAL ACTION AGAINST THEM. X ENTITLED TO THE RIGHTS OF A PERSON ARRESTED. without prejudice to the liability of the “inviting” officer for any violation of law.R. THERE W AS NO COMPLAINT OR INFORMATION FILED BEFORE ANY PROSECUTOR OR ANY COURT AS OF THE DATE OF THE “INTERVIEW . THEY W ERE CONVICTED ONLY OF ILLEGAL POSSESSION OF PROHIBITED DRUGS. 957. there is no substantial difference between the two provisions insofar as legal results are concerned. Since sale of dangerous drugs necessarily includes possession of the same. AFTER THE CONTRACT OF SALE BETW EEN S AND B W AS PERFECTED.

The action for specific performance in the HLURB would determine whether or not S. warranted the suspension of the latter until after termination of the administrative proceedings. was legally entitled to demand the delivery of the TCTs. although the rule on prejudicial question only pertains to civil cases. the previous action instituted is a civil action. This is true simply because the action for specific performance was an action civil in nature but could not be instituted elsewhere except in the HLURB. the action for specific performance in the HLURB raises a prejudicial question that sufficed to suspend the proceedings determining the criminal charge. whose jurisdiction over the action was exclusive and original. [San Miguel Properties. the buyer.   Page 40 of 65   . Note: Section 7 of Rule 111 clearly states that in the elements of a prejudicial question. [Quiambao v. v. while the criminal action would decide whether or not B’s directors and officers were criminally liable for withholding the TCTs. Inc.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] A106: Yes. consequently. the rules on prejudicial question may be applied in analogous situations where an issue in an administrative case was considered a prejudicial question to the resolution of a civil case which. Perez (2013)]. Osorio (1988)] Here.

De Jesus. A110: Extrajudicial Confession Extrajudicial Admission A declaration of an accused acknowledging his An act. and (2) he was so far away that he could not have been physically present at the place of the crime. 26. (10) the measure of time. (6) the admiralty and maritime courts of the world and their seals. and (11) the geographical divisions [Sec. of the: (1) existence and territorial extent of states. Rule 129] Q108: W HEN IS JUDICIAL N OTICE DISCRETIONARY? A108: A court may take judicial notice of matters which are: (1) of public knowledge. Rule 130] Page 41 of 65   . [Sec. executive and judicial departments of the Philippines. at the time of its commission. (7) the political constitution and history of the Philippines. or of any offense relevant fact [Sec. [People v.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] EVIDENCE Q107: W HEN IS JUDICIAL N OTICE MANDATORY? A107: A court shall take judicial notice. or (3) ought to be known to judges because of their judicial functions. (9) the laws of nature. (2) their political history. or (2) are capable of unquestionable demonstration. 2. 1. without the introduction of evidence. G. Rule 129]   Q109: W HAT SHOULD AN ACCUSED ESTABLISH IN ORDER FOR HIS DEFENSE OF ALIBI TO PROSPER? A109: For the defense of alibi to prosper. (8) the official acts of legislative. declaration or omission of party as to a guilt of the offense charged.R. the accused must establish that: (1) he was in another place at the time of the commission of the offense. 186528 (2011)] Q110: DIFFERENTIATE EXTRAJUDICIAL CONFESSION AND EXTRAJUDICIAL ADMISSION. or its immediate vicinity. (3) forms of government and (4) symbols of nationality. (5) the law of nations. No.

an admission is something less than a confession. and the latter fails to produce it after (b) By a recital of its contents in some authentic document reasonable notice.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] necessarily included therein [Sec. 112983 (1995)]. 26 and 32. (b) By a recital of its contents in some authentic document (c) By the testimony of witnesses [Rule 130. or cannot be produced in (a) By a copy court without bad faith on the offeror’s part. Sec. in connection the crime charged with proof of other facts. Note however. G. 33. A confession is an acknowledgment in express An admission may be express or implied. of his guilt of pertinent to the issue and tending. AND W HAT MAY BE PRESENTED IN ITS STEAD? A112: Situation What to present instead When the original has been lost or In the order stated: destroyed. Q112: IN W HICH SITUATIONS MAY THE PRESENTATION OF AN ORIGINAL DOCUMENT BE DISPENSED W ITH. declaration. even an extrajudicial confession made by the accused is not sufficient for conviction unless corroborated by evidence of corpus delicti. that under Section 3 of Rule 133. Rule 130] In a confession. thus. Act. thus. or silence. Q111: W HAT IS THE DIFFERENCE BETW EEN A JUDICIAL ADMISSION AND AN EXTRAJUDICIAL ADMISSION? A111: Judicial [Sec. deemed automatically May be given in evidence. Maqueda. of facts terms. No. there is an acknowledgment of The term admission is usually applied to guilt statements of fact by the accused which do not directly involve an acknowledgment of his guilt or of the intent to commit the offense. by a party in a criminal case. omission. Rule 130] Made in connection with a judicial proceeding in Any other admission as to a relevant fact which it is offered Requires no proof. and is but an acknowledgment of some fact or circumstance which in itself is insufficient to authorize a conviction and which tends only to establish the ultimate fact of guilt. must still be part of the case formally offered in evidence May be contradicted by showing that that either Rebuttable a) it was made through palpable mistake or b) that no such admission was made Verbal or written. [People v. Rule 129] Extrajudicial [Secs. Page 42 of 65   . 5] When the original is in the custody or In the order stated: under the control of the party (a) By a copy against whom it is offered.R. to prove his guilt In other words. 4.

involved their privies or any party directly affected thereby Q114: W HAT ARE THE REQUISITES FOR THE ATTORN EY-CLIENT PRIVILEGE TO APPLY? A114: (1) There must be a communication made by the client to the attorney or an advice given by the attorney to his client. 
 (3) The communication or advice must have been given either in the course of the professional employment or with a view to professional employment. 
 (2) The communication must have been given in confidence. and the fact sought to be established from them is only the general result of the whole. Sec. When the original is a public record Certified copy issued by the public officer in custody thereof in the custody of a public officer or is recorded in a public office Q113: DIFFERENTIATE THE BEST EVIDENCE RULE FROM THE PAROL EVIDENCE RULE A113: Best Evidence Rule Parol Evidence Rule Contemplates the situation wherein the original Presupposes that the original document is writing is not available and/or there is a dispute as available in court to whether said writing is the original Prohibits the introduction of substitutionary evidence in lieu of the original document Prohibits the varying of the terms of a written regardless of WON it varies the contents of the agreement original Applies only to documents contractual in nature Applies to all kinds of documents (Exception: wills) Can be invoked by any party to an action regardless Can be invoked only when the controversy is of WON such party participated in the writing between the parties to the written agreement. and
 (4) The client has not given his consent to the attorney’s testimony thereon. 5] When the original consists of The general result of the whole. 
 Page 43 of 65   . numerous accounts or other documents which cannot be examined in court without great loss of time.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] (c) By the testimony of witnesses [Rule 130.

no. The Offer of Compromise dated 5 December 2000 was made prior to the filing of the criminal complaint against her on 9 March 2001 for a violation of the Bouncing Checks Law. joint debtor. (4) Adm ission by privies. Q115: THE ACCUSED MADE AN OFFER OF COMPROMISE ON DECEMBER 5. No. The Offer of Compromise was clearly not made in the context of a criminal proceeding and. the exception is when the opposing party fails to object to the evidence being presented. G. therefore. June 13. However. may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency. The act or declaration of a conspirator relating to the conspiracy and during its existence. Where one derives title to property from another. Kalalo. [Heirs of Dela Cruz v. all duplicates and/or counterparts must be accounted for. or other person jointly interested with the party. MAY THE OFFER OF COMPROM ISE BE USED AGAINST THE ACCUSED? A115: No. THE CRIMINAL COMPLAINT FOR VIOLATION OF BOUNCING CHECKS LAW W AS FILED AGAINST THE ACCUSED ON 9 MARCH 2001. the act. MAY A PHOTOCOPY OF ONE OF THE ORIGINALS OF A DEED OF SALE BE USED AS EVIDENCE TO PROVE THE SALE? A117: Generally. It is a well-settled principle that before secondary evidence can be presented. A118: The hearsay rule is a rule of evidence to the effect that a witness can testify only to those facts which he knows of his own knowledge or derived from his own perception. (3) Adm ission by conspirator. cannot be considered as an implied admission of guilt. except as otherwise provided in the Rules of Court [Sec. G. stenographer. [San Miguel v. is evidence against the former. 2012] Q116: W HAT ARE THE EXCEPTIONS TO THE RES INTER ALIOS ACTA RULE? A116: (1) Adm ission by co-partner or agent. Rule 130] Page 44 of 65   . 117384 (1998)] Q118: W HAT IS THE HEARSAY RULE? DIFFERENTIATE BETW EEN HEARSAY EVIDENCE AND OPINION EVIDENCE. 185522. [Sections 29-31. in relation to the property. may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. while holding the title.R. or omission of the latter. and no excuse for the non-production of the original documents can be regarded as established until all its parts are unavailable. It is inadmissible. CA. declaration. (2) Adm ission of a joint owner. Rule 130] Q117: A DEED OF SALE OVER A REGISTERED PARCEL OF LAND W AS EXECUTED IN FIVE (5) ORIGINAL CARBON COPIES.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] Attorney’s secretary. R. the same becomes primary evidence. 36. No. 2000. or clerk are also covered by the rule and cannot be examined concerning any fact the knowledge of which has been acquired in such capacity without the consent of the client AND their employer.

LETICIA. iii. Rule 130) It includes evidence of an ordinary witness on limited matters (as enumerated under Sec 50. Cusi. belief. Q119: W HAT ARE INDEPENDENTLY RELEVANT STATEMENTS. G.R. L-20986 (1965)) Q120: LETICIA W AS SEPARATED IN FACT FROM HER HUSBAND ANTONIO FOR OVER A YEAR. GINA CONTINUED INVESTIGATING AND FOUND OUT THAT ANTONIO HAD FATHERED A CHILD W ITH THE SAID OTHER WOM AN. THEREAFTER. good or bad faith. but only to prove that such were actually made. ii. THEY DISCOVERED THAT ANTONIO W AS IN FACT HAVING AN AFFAIR W ITH ANOTHER W OMAN. his mental condition. ill will and other emotions. Desierto. IN THE LATTER’S CONDOMINIUM UNIT IN QUEZON CITY. and v. knowledge. Statements of a person from which an inference may be made as to the state of mind of another. [People v. 146710 (2001)] These statements are not covered by the hearsay rule [People v. Rule 130). No. place and person in question. CITING MARITAL PRIVILEGE AND ARGUING THAT THE DECEASED GINA Page 45 of 65   . skill. which are being offered not to prove the truth of the facts stated therein. G.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] Hearsay Evidence Opinion Evidence Testimony that is not based on personal Expert evidence based on the personal knowledge of the person testifying (Sec 36. experience of the person Rule 130). G. testifying.R. intention. SINCE THEIR ESTRANGEMENT. and (2) Statements which are circumstantial evidence of the facts in issue. which include the following: i. Desierto. ONE W EEK LATER. GINA’S CONDOMINIUM UNIT W AS SET ON FIRE. belief. Cusi. of the latter.R. Statements which may identify the date. G. L-20986 (1965)] These are statements which are relevant independently of whether they are true or not. that is. No. (Sec 49. [Estrada v. Statements showing the lack of credibility of a witness. that is. [Estrada v. the knowledge. ANTONIO IMMEDIATELY OBJECTS TO THIS. SHE STAYED W ITH HER BEST FRIEND. No. W HO SURVIVED BECAUSE SHE W AS AS A MERE MATTER OF CHANCE. GINA. THE PROSECUTOR SOUGHT TO ELICIT THE SAID TESTIMONY FROM LETICIA. motive. AND AS A RESULT. INDICATING THAT LETICIA HAD BEEN STAYING WITH HER SINCE THEIR SEPARATION. 146710 (2001)] Jurisprudence has enumerated two classes of independently relevant statements: (1) Statements which are the very facts in issue. knowledge. NOT IN THE UNIT W HEN THE FIRE BROKE OUT. as illness and the like. etc. AND ARE THEY INADMISSIBLE DUE TO THE HEARSAY RULE? A119: Independently relevant statements are those statements or writings attributed to a person not on the witness stand. GINA CONFRONTED ANTONIO ABOUT THE AFFAIR.R. CLAIMS TO HAVE SEEN ANTONIO IN THE LOBBY OF THE CONDOMINIUM UNIT MINUTES BEFORE THE FIRE W AS FOUND TO HAVE STARTED. Statements of a person which show his physical condition. No. Statement of a person showing his state of mind. GINA DIED. IN A CRIMINAL CASE FOR ARSON AGAINST ANTONIO. iv.

Generally determined by the pleadings filed Generally determined by the developments at by the party. 143439 (2005). and (4) Subject of the testimony is as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. Since the crime of arson was also committed against the spouse (a private offended party). Q121: W HAT ARE THE REQUISITES FOR THE APPLICATION OF THE DEAD MAN’S STATUTE OR SURVIVORSHIP DISQUALIFICATION RULE? A121: [Sec. during the marriage. Thus. the marital privilege rule should not apply in this case. 23. may testify for or against the other without the consent of the offended spouse. the court stated that the marital disqualification rule does not apply when the marital and domestic relations between spouses are strained. Rule 130] (1) Defendant is the executor or administrator or a representative of the deceased or of the person of unsound mind. While it is true that as a general rule. exigencies of the case in the course of the trial. or a person in whose behalf the case is prosecuted. neither the husband or wife. The court found a situation where the security and confidences of private life which the law aims to protect are nothing but ideals which through their absence. (3) Witness is the plaintiff. A123: Burden of Proof Burden of Evidence Duty of a party to present evidence on the Duty of the party to go forward with the facts in issue necessary to establish his claim evidence to overthrow the prima facie or defense by the amount of evidence evidence against him. Rule 131] G. G. (5) Applicable only in civil cases Q123: DIFFERENTIATE BURDEN OF PROOF FROM BURDEN OF EVIDENCE. AND THUS NOT AN ASCENDANT OR DESCENDANT SO AS TO FALL W ITHIN THE EXCEPTIONS IN THE RULES. No. Rule 130]. A120: Antonio’s objection is overruled. RULE ON ANTONIO’S OBJECTION. (2) Suit is upon a claim by the plaintiff against the estate of said deceased or person of unsound mind. merely leave a void in the unhappy home. and (2) In a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants [Sec. the rules provide for exceptions in the following cases: (1) In a civil case by one against the other. required by law. or an assignor of that party. No. 1. [Sec. in Alvarez v.R. L-45137 (1985)] Does not shift as it remains throughout the Shifts from party to party depending upon the trial with the party upon whom it is imposed.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] W AS LEGALLY A STRANGER. there is no reason to apply the Marital Disqualification Rule.R. Ramirez. Moreover. [Bautista v. Sarmiento. the trial or by the provisions of substantive law or procedural rules which may relieve the party from presenting evidence on the fact Page 46 of 65   . 22.

e. how they were handled. and (b) that the dangerous drugs subject of the transaction or sale is presented in court as evidence of the corpus delicti. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item. In People v. namely: (a) that the transaction or sale took place between the accused and the poseur buyer. as follows: (1) The chain of custody a. No. [People v. 1(b). No. NO OTHER FACTS OR DETAILS W ERE PROVEN BY THE PROSECUTION. how they were handled. including the procedure followed in analyzing the samples. THE CRIME LABORATORY CERTIFIED THAT THE CONTENTS OF THE SACHET W ERE SHABU. Gonzales. THE PLASTIC SACHET CONTAINING W HITE SUBSTANCES THAT HE SOLD W AS MARKED BY THE POLICEMAN A W ITH HIS INITIALS “AA”.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] alleged i. Chain of Custody means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage. i. and no records on the transfer of custody from the police station to the laboratory. from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. 182417 (2013)] To secure a conviction of the accused charged with the illegal sale of dangerous drugs as defined and punished by Section 5.R. [Sec. the following data: how the samples were collected.e. presumptions. CAN Z BE HELD LIABLE FOR SALE OF DANGEROUS DRUGS? A124: No. or when there are substantial gaps in the chain of custody of the seized dangerous drugs that raise doubts about the authenticity of the evidence presented in court. 144656 (2002). Series of 2002] Q125: W HAT IS THE VALLEJO STANDARD? A125: The Vallejo standard refers to jurisprudential norms considered by the court in assessing the probative value of DNA evidence. and compliance with the scientifically valid standards in conducting the tests. G. the advantages and disadvantages of the procedure. Q124: Z W AS ARRESTED IN A BUY-BUST OPERATION. Article II of Republic Act No. Vallejo. 9165. among other things. 1. the procedure followed in analyzing the samples. the marking of the drugs or related items was not proven to have been made in the presence of A nor immediately after A’s arrest. 7 of the Rule on DNA Evidence. G. and the possibility of contamination of the samples. courts should consider. and the final disposition.R. whether the proper standards and procedures were followed in conducting the tests. and the qualification of the analyst who conducted the tests. judicial notice and admissions. There is no proven violation when the dangerous drugs are missing. the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence. (2) The DNA testing methodology b. it was held that in assessing the probative value of DNA evidence. Page 47 of 65   . because of the substantial gaps in the chain of custody. DDB Regulation No. the State must establish the concurrence of the following elements. including how the biological samples were collected. NOTE: The Vallejo standard was incorporated in Sec. the possibility of contamination of the samples.

If the laboratory is not accredited. CAN MR. such as the nature of his wounds. statements made in his presence. including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. and (4) that the declaration is offered in a criminal case for homicide. The rule on electronic evidence considers an electronic data message or an electronic document as a functional equivalent of a written document for evidentiary purposes. B communicated his ante-mortem statement to his uncle. In ordinary fax printouts. the relevant experience of the laboratory in forensic casework and credibility shall be properly established. or parricide. There is ample authority for the view that the declarant’s belief in the imminence of his death can be shown by the declarant’s own statements or from circumstantial evidence. Mr. although generally inadmissible as evidence due to its hearsay character. unless they are computer-generated faxes. it is not an electronic document since in ordinary facsimile transmissions there exists an original paper-based information that is scanned or copied. and (4) The reliability of the testing result. W HY NOT? A127: Yes. B’S STATEMENT TO HIS UNCLE BE ADMITTED AS EVIDENCE? IF YES. in which the declarant is a victim. since the original data is not made electronically. it can be admitted both as a dying declaration and as part of res gestae.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] (3) The forensic DNA laboratory c. identifying Mr. In this case. HE W AS STILL ABLE TO W ALK TO THE HOUSE OF HIS UNCLE TO W HOM HE TOLD THAT IT W AS MR. S as the person who had stabbed him.R. G. murder. S W HO STABBED HIM. M R. 170633 (2007)] Q127: MR. then it is inadmissible if unauthenticated with the original written document [MCC Industrial v Ssangyong. According to jurisprudence. AS W HAT? IF NO. No. or by the opinion of his physician. the declarant is under a consciousness of an impending death. Fax transmissions therefore do not fall under the functional equivalent rule. although fax printouts or transmissions fall under the definition of an electronic data message since it is sent through electronic means. (2) that at the time the declaration is made. may nonetheless be admitted when the following requisites concur. A printout must thus first fall under the definition of an electronic document to be considered a written document. (3) that the declarant is competent as a witness. Q126: ARE FACSIMILE OR FAX PRINTOUTS ADMISSIBLE UNDER THE ELECTRONIC COMMERCE ACT? W HAT IS THE FUNCTIONAL EQUIVALENT RULE UNDER THE RULE ON ELECTRONIC EVIDENCE? A126: No. B DIED SHORTLY AFTER BEING ADMITTED TO THE HOSPITAL. As a dying declaration: A dying declaration. MANILA. B W AS STABBED NEAR THE DEL PAN SPORTS COMPLEX IN BINONDO. Page 48 of 65   . as hereinafter provided. namely: (1) that the declaration must concern the cause and surrounding circumstances of the declarant’s death.

Rule on Electronic Evidence] NOTE: The coverage of the Rule on Electronic Evidence was expanded to include criminal cases in SC Resolution dated 24 September 2002. the text message is admissible as a dying declaration since it came from X who died shortly thereafter and it concerns the cause and surrounding circumstances of his death. THANKED HER FOR EVERYTHING SHE HAS DONE FOR HIM.2. declaration. Rule 130] Note. or exclamation is so intimately interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself. As the recipient of those messages sent from and to the mobile phone in their possession. Mr.R. [People v.R.] Q128: LATE IN THE NIGHT. (2) the statements are made before the declarant had time to contrive or devise. The test of admissibility of evidence as a part of the res gestae is. J. HE LIKEW ISE. and the fact that he died shortly after he sent the text message. an offer of compromise by the accused may be received in evidence as an implied admission of guilt. the other contents of the message. G. His belief that he is dying is evident from his statement that the wound was fatal. Bersamin. No. [People v. and (3) the statements must concern the occurrence in question and its immediately attending circumstances. 2. except those involving quasi-offenses or those allowed by law to be compromised. NAMING Y AND Z AS THE PERSONS CAUSING SAID W OUNDS. the startling occurrence was the stabbing by Mr. Rule 11.R. [People v. 173476 (2012). Here. G. 136870-72 (2003)] Page 49 of 65   . Salvador. to wit: (1) the principal act. G. B was on board a taxi on the way to the hospital. S. BODE FAREW ELL TO HIS MOTHER. [Sec. [Sec. the parents are parties to the conversation and was competent to testify on them. IS THIS TEXT MESSAGE ADMISSIBLE AS EVIDENCE IN A MURDER CASE AGAINST THE NAMED INDIVIDUALS? IS THE MOTHER COMPETENT TO TESTIFY ON THE MESSAGES? A128: Yes. the res gestae. Salafranca. 204894 (2014) citing Sec. is a startling occurrence. and also whether it clearly negatives any premeditation or purpose to manufacture testimony. that in one case the Court ruled that the testimony of complainant’s father that the relatives of the accused made two offers to settle with the knowledge of the accused. No. however. S as the assailant. and thus had no time to contrive his identification of Mr. whether the act. Rule 1] Q129: W HEN IS AN OFFER TO SETTLE CONSIDERED AS AN ADMISSION OF GUILT? A129: In criminal cases. AND TOLD HER THAT SHE LOVES HER SO MUCH. should be taken as an implied admission of the guilt of the accused. Text messages (which are ephemeral electronic communications) are to be proved by the testimony of a person who was a party to the same or has personal knowledge of them. X DIED SHORTLY THEREAFTER. therefore. Enojas. X SENT A TEXT MESSAGE TO HIS MOTHER NARRATING THAT HE SUFFERED A FATAL STAB W OUND DUE TO HIS CONFRONTATION W ITH HIS DRINKING BUDDIES. 27.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] As part of the res gestae: A declaration or an utterance is deemed as part of the res gestae and thus admissible in evidence as an exception to the hearsay rule when the following requisites concur.

UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]

Q130: DIFFERENTIATE EXTRAJUDICIAL CONFESSION AND EXTRAJUDICIAL
ADMISSION.
A130:
Extrajudicial Confession Extrajudicial Admission
A declaration of an accused acknowledging his An act, declaration or omission of party as to a
guilt of the offense charged, or of any offense relevant fact [Sec. 26, Rule 130]
necessarily included therein [Sec. 33, Rule 130]
In a confession, there is an acknowledgment of The term admission is usually applied to
guilt statements of fact by the accused which do not
directly involve an acknowledgment of his guilt or
of the intent to commit the offense.
A confession is an acknowledgment in express An admission may be express or implied, of facts
terms, by a party in a criminal case, of his guilt of pertinent to the issue and tending, in connection
the crime charged with proof of other facts, to prove his guilt
In other words, an admission is something less than a confession, and is but an acknowledgment of
some fact or circumstance which in itself is insufficient to authorize a conviction and which tends only
to establish the ultimate fact of guilt. [People v. Maqueda, G.R. No. 112983 (1995)]. Note however, that
under Section 3 of Rule 133, even an extrajudicial confession made by the accused is not sufficient for
conviction unless corroborated by evidence of corpus delicti.

Q131: W HAT IS THE EQUIPOISE DOCTRINE?
A131: The equipoise rule provides that where the evidence of the parties in a criminal case is evenly
balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused.
[Malana v. People, G.R. No. 173612 (2008)] In a civil case, when the evidence of the parties is in
equipoise, or when there is a doubt as to where the preponderance of evidence lies, the party with the
burden of proof fails and the petition must thus be denied. [Marubeni v. Lirag, G.R. No. 130998, (2001)]

Q132: DODI W AS CHARGED W ITH QUALIFIED RAPE UNDER ARTICLE 266-B(6) OF
THE REVISED PENAL CODE AND W AS COMPELLED BY THE COURT TO UNDERGO HIV
TESTING. THE RESULT OF THE TEST SHOW S THAT HE IS HIV POSITIVE. CAN THE
PROSECUTION OFFER SUCH RESULT IN EVIDENCE TO PROVE THE QUALIFYING
CIRCUMSTANCE THAT HE KNEW THAT HE W AS AFFLICTED W ITH HIV AND THE
VIRUS W AS TRANSMITTED TO THE VICTIM, DESPITE DODI’S OBJECTION TO ITS
ADMISSIBILITY ON THE GROUND OF HIS RIGHT AGAINST SELF-INCRIMINATION,
RIGHT TO PRIVACY, AND FRUIT OF THE POISONOUS TREE DOCTRINE?
A132: Yes, the result of the testing can be offered is admissible evidence. Firstly, the right to be
presumed innocent of the crime charged, right to privacy, and against self-incrimination of the
accused are not violated because the compulsory testing is authorized by law. The court may compel
the accused to submit himself to a blood test to determine whether he has HIV under Section 17(a) of
RA No. 8054. Further, the right against self-incrimination refers to compulsory testimonial
compulsion and does not include the body of the accused as evidence when it may be material. [Tijing
v. Court of Appeals, G.R. No. 125901 (2001); Sec. 1, Rule 28] Secondly, the fruit of the poisonous tree
doctrine applies only where the primary source is shown to have been unlawfully obtained, or was the
result of an illegal act. [People v. Alicando, G.R. No. 117487 (1995)]

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UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]

Q133: IS THE JUDICIAL AFFIDAVIT RULE APPLICABLE TO CRIMINAL CASES?
A133: Yes, it is applicable to criminal actions in the following situations:
(1) where the maximum of the imposable penalty does not exceed six years;
(2) where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved;
or
(3) with respect to the civil aspect of the actions, whatever the penalties involved are. [Sec 9(a),
Judicial Affidavit Rule, A.M. No. 12-8-8-SC]

Q134: W HAT ARE LEADING QUESTIONS AND ARE THEY ALLOW ED?
A134: A question which suggests to the witness the answer which the examining party desires is a
leading question. [Sec 10, Rule 132]
General Rule: Not allowed.
Exceptions:
(1) On cross examination;
(2) On preliminary matters;
(3) When there is a difficulty is getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
(4) Of an unwilling or hostile witness;
(5) Of a witness who is an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party; [Sec. 10, Rule
132]
(6) In all stages of examination of a child if the same will further the interests of justice [Sec 20,
Rule on Examination of Child Witness]

Q135: HOW IS AN OFFICIAL RECORD PROVED?
A135: The record of public documents when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having the legal custody of the record, or
by his deputy, and accompanied. If the record is not kept in the Philippines, it may be evidenced with a
certificate that such officer has the custody. If the office in which the record is kept is in foreign country,
the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and authenticated by the seal of his office. [Sec. 24, Rule
132]

Q136: GIVE THE INSTANCES OF CONCLUSIVE PRESUMPTIONS.
A136:
(1) Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately
led to another to believe a particular thing true, and to act upon such belief, he cannot, in any
litigation arising out of such declaration, act or omission, be permitted to falsify it:
(2) The tenant is not permitted to deny the title of his landlord at the time of commencement of
the relation of landlord and tenant between them. [Sec. 2, Rule 131]

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Page 52 of 65  

or for reconsideration of (2) Motion for a bill of particulars. or (4) Petition for relief from judgment. or (2) Motion for a bill of particulars. AND LIKEW ISE Page 53 of 65   . a judgment.999. (6) Memoranda. and (10) Reply. and (12) Interventions. S. (5) Motion for extension of time to file pleadings. or any other paper. 19. (8) Motion to declare the defendant in default. (5) Motion for extension of time to file pleadings. (3) Motion for new trial. (4) Petition for relief from judgment.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] SPECIAL RULES Q137: DIFFERENTIATE AND ENUMERATE THE PROHIBITED PLEADINGS UNDER RULES ON SUMMARY PROCEDURE AND RULES OF PROCEDURE FOR SMALL CLAIMS CASES A137: The prohibited pleadings are generally identical as to both rules. (10) Reply and Rejoinder. or any other paper. Summary Procedure [Sec. or for reopening of trial. or for reconsideration. mandamus.99. FOR A SUM OF MONEY AMOUNTING TO PHP 199. except that motions to dismiss are not allowed in Small Claims. Q138: A FILED A CASE IN THE MTCC (UNDER THE RULE FOR SMALL CLAIM S) AGAINST ATTY. (12) Interventions. issued by the court. (9) Dilatory motions for postponement. (9) Dilatory motions for postponement. as compared to Summary Procedure which allows MTD if based on lack of subject-matter jurisdiction or failure to comply with barangay conciliation. no matter the ground. 16. affidavits. (11) Third-party complaints. affidavits. unlike the previous rules which allowed (a) Failure to comply with barangay an exception for the ground of lack of jurisdiction] conciliation proceedings. S DID NOT FILE A RESPONSE TO THE CLAIM THINKING THAT HE CAN CONVINCE A TO W ITHDRAW THE CASE AGAINST HIM AND THAT THE EVIDENCE PRESENTED BY A IS TOTALLY SPURIOUS. (b) Lack of jurisdiction over the subject matter (3) Motion for new trial. (11) Third-party complaints. mandamus. prohibition against any interlocutory order (7) Petition for certiorari. (7) Petition for certiorari. or issued by the court. or (6) Memoranda. for reopening of trial. Rule for Small Claims] Procedure] (1) Motion to dismiss the complaint except on the (1) Motion to dismiss the Statement of Claims [2016 Revised Rules prohibits any motion to ground of dismiss. prohibition against any interlocutory order (8) Motion to declare the defendant in default. A MEMBER IN GOOD STANDING OF THE BAR. Rule on Summary Small Claims [Sec.

Rule 70 of the Rules of Court clearly provides that “[t]he judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Court. No. The RTC. In contrast. S TO TAKE? A138: I will advise him that the remedy available is a petition for certiorari under Rule 65 in the RTC. the petition should be filed in the RTC. exert undue pressure or stifle any legal recourse that any person. Given that there is no appeal or any other plain. The Rule expressly states that the decision in small claims cases shall be final. [Sec. FORGETTING THAT AN EXCEPTION TO THE RULE THAT LAW YERS ARE NOT ALLOW ED TO APPEAR IN HEARINGS EXISTS W HEN THEY ARE PLAINTIFF OR DEFENDANT.L. Supreme Court Sub-Committee] Q141: MAY A CITIZEN’S SUIT AW ARD DAMAGES AND OTHER FEES? Page 54 of 65   . R APPEALED TO THE RTC. [Manalang v. 156995 (2015). a petition for certiorari under Rule 65 is proper. executory. [Annotation to the Rules of Procedure for Environmental Cases. in an appeal of the judgment in an ejectment case. 2 and 3. 24]. Bersamin. Moreover. Rule 6] NOTE: In a criminal case. [Sec. Ang v. vex. preservation or rehabilitation of the environment. JUDGMENT W AS RENDERED ORDERING RESPONDENT R TO VACATE PLAINTIFF P’S PREMISES. Section 18. [Sec. Hence. and unappealable. 1.] Q140: W HAT IS A STRATEGIC LAW SUIT AGAINST PUBLIC PARTICIPATION (SLAPP)? W HAT SHOULD THE PARTIES PROVE IN SUPPORT OF A CLAIM OR IN DEFENSE OF AN ALLEGATION OF SLAPP? A140: SLAPP refers to a legal action filed to harass. J. IS THIS ACTION PROPER? A139: No. A FELLOW MEMBER OF THE BAR W HO KNOW S MORE ABOUT THE RULE ON SMALL CLAIMS THAN HE DOES. To support a defense of a claim of SLAPP. shall not conduct a rehearing or trial de novo. speedy and adequate remedy in the ordinary course of law. Observing the hierarchy of courts. THE COURT ALLOW ED PRESENTATION OF TW O MORE W ITNESSES FOR THE RESPONDENT. JUDGMENT W AS RENDERED AGAINST HIM FOR TH E FULL AMOUNT. the grant of a motion to quash does not bar the filing of a subsequent Information. Rule 6. AS TO THE REMEDY HE MAY TAKE. institution or the government has taken or may take in the enforcement of environmental laws. the RTC’s action are contrary to the rule by allowing further presentation of witnesses for its doing so was tantamount to its holding of a trial de novo. AS A RESULT THEREOF. provided that there is grave abuse of discretion amounting to lack or excess of jurisdiction. [A. IN ORDER TO PROVE AN EXTENSION OF THE LEASE AGREEMENT. Mondejar.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] FAILED TO APPEAR AT THE HEARING.R. substantial evidence must be shown that the acts for enforcement of environmental laws are legitimate acts for the protection. protection of the environment or assertion of environmental rights.R. No. G. 200804 (2014)] Q139: IN AN UNLAW FUL DETAINER CASE IN THE MTCC. Bacani. the invocation of the defense of SLAPP is made in a motion to dismiss rather than a motion to quash. Rules of Procedure for Environmental Cases]. G. IN THE RTC. granting a motion to dismiss bars the refiling of a SLAPP in accordance with the law of the case. HE NOW APPROACHES YOU. The party against whom the defense of SLAPP is invoked should prove by a preponderance of evidence that the action is not a SLAPP and is a valid claim. W HAT REMEDY/IES W ILL YOU ADVISE ATTY.

[ISAAA v. for example: (a) settings in which the risks of harm are uncertain. G. Supreme Court Sub-Committee] As to attorney’s fees. Greenpeace.R. only when application of the regular Rules of Evidence would cause in an inequitable result for the environmental plaintiff. the precautionary principle shifts the burden of evidence of harm away from those likely to suffer harm and onto those desiring to change the status quo. Greenpeace. costs of suit and other litigation expenses: Yes. No. The only recourse of a party or person who wishes to recover damages for injury suffered is to file a separate action under Sec. 4. AND THE SITUATIONS CALLING FOR ITS APPLICATION A142: The precautionary principle states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain. the possibility of irreversible harm. (b) settings in which harm might be irreversible and what is lost is irreplaceable. 209271 (2015)] It is a principle of last resort.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] A141: As to damages: No. and the possibility of serious harm coincide. with the goal of preserving and protecting the environment. the court may construe a set of facts as warranting either judicial action or inaction. Rule 2. Rule 1] As to its application. and (c) settings in which the harm that might result would be serious When the features of uncertainty. [Annotation to the Rules of Procedure for Environmental Cases. By applying the precautionary principle. supra]   Page 55 of 65   . [Rule 5. 1] Q142: STATE THE PRECAUTIONARY PRINCIPLE. ITS APPLICATION. Sec. 4(f). actions shall be taken to avoid or diminish that threat [Rules of Procedure for Environmental Cases. Sec. the case for application of the precautionary principle is strongest [ISAAA v.

the verified by the party for petition may be filed by Who may file whose relief it is intended. storing of data or Covers extralegal information regarding killings and enforced the person. collateral relative of Page 56 of 65   . family. L-14639. qualified person or entity in the following order: However. collecting or issues. 1] correspondence of the 1919) on applicability of the aggrieved party. 23] 23] Art. NOTE: Villavicencio v. 1] of a public official or official or employee.] Petition filed by the Any aggrieved party aggrieved party or by any may file a petition. (also successive): or by some person on his (2) Any ascendant.R.  and  Habeas  Data  [De  Leon]     Habeas Corpus Amparo Habeas Data (1) All cases of illegal confinement and detention which any Involves the right to person is deprived of his Involves right to life. in cases of extralegal killings and (1) Any member of the enforced By a petition signed and immediate family disappearances. substantive rights [Sec. [Sec.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE] ANNEX Comparative  Table  of  the  Writs  Of  Habeas  Corpus. III. 15. safety requires it [Sec. 1] writ in case of constructive restraint. employee or a private of a private individual or function individual or entity entity engaged in the Actual violation before writ gathering. threats thereof. liberty liberty and security liberty or security (2) Deprivation of violated or threatened violated or threatened rightful custody of with violation by an by an unlawful act or any person from the unlawful act or omission omission of a public person entitled [Sec. or Nature. [Sec. scope. disappearances or home and Lukban (G.  Amparo. except in cases of invasion increase or modify increase or modify Limitations or rebellion when public substantive rights [Sec. No. descendant or (3) Any concerned citizen. privacy in life. 3] descendant or collateral relative of (1) Any member of the the aggrieved within immediate family of the 4th civil degree of the aggrieved affinity or consanguinity (2) Any ascendant. 1987 Const. behalf [Sec. May not be suspended Shall not diminish. Shall not diminish.

21. or CA/SB an RTC before the CA/SB or or any of its justices. 4] Philippines [Sec. returnable justices. or any thereof in instances resides or justice of such courts authorized by law (2) RTC of place where (c) That which has (3) RTC or a judge thereof. returnable justices. [Sec. enforceable only the data or committed or any within his judicial district information is element occurred [Sec. 35. jurisdiction over Where filed the threat. 2] Filing by the aggrieved suspends the right of all others [Sec. If granted by the RTC or Where Anywhere in the Anywhere in the judge thereof. or a member (1) SC or any of its (1) SC or any of its Where thereof. Page 57 of 65   . it is enforceable Philippines [Sec. or SB – If region [Sec. 2] gathered. RTC (1) SC or any member where: thereof. 3] enforceable in any part of the judicial region [Sec. anywhere in the Philippines. 2] (1) At the option of petitioner. SC. or on any day and at any the place where omission was time. BP 129 which modified the term judicial district in Sec. or thereof. the aggrieved party association or within the fourth institution civil degree of consanguinity or affinity [Sec. 3] (4) MTC or first level courts collected or in the absence of RTC stored judges in a judicial (2) SC. Rule 102 into judicial region] where the judge sits If issued by: If issued by: If issued by: (1) SC/CA. CA. 2. CA.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data organization. on any day and (a) Petitioner at any time resides or (2) CA or any member (b) Respondent (1) SB. 3] If SC/CA issued. BP 129] public data files of government offices [Sec. before such returnable before such court or before such court or Court or any justice any member thereof or any justice thereof. act.

before place where the such court or any threat.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data (2) RTC. 2] place where the petitioner or threat. and security (2) Name of the person violated or (3) Actions and detaining another or threatened with recourses taken by Page 58 of 65   . 19] shall docket the petition subsequent submission and act upon it of proof of indigency not immediately [Sec 4] later than 15 days from filing [Sec. or (2) CA/SB or any of its to any RTC of the justices. stored justices. any of their justices. setting forth: (1) The personal (1) Personal Essential circumstances of the circumstances of allegations/ petitioner petitioner and Contents of (1) The person in whose respondent (2) Name or appellation petition behalf the application and circumstances of (2) Manner the right to is made is imprisoned the respondent privacy is violated or restrained of his or threatened and liberty (3) The right to life. 4] None for indigent Petitioner shall be petitioner exempted from the payment of the docket Upon the final disposition of and other lawful fees Petition shall be such proceedings the court docketed and acted Docket Fees or judge shall make such upon immediately. 3] judge [Sec. 5] Signed and verified either Signed and verified and Verified and written by the party for whose relief shall allege: petition shall contain: it is intended or by some person on his behalf. or justice thereof. justice or judge without prejudice to requires [Sec. returnable or collected before such court or any justice thereof. returnable before such court or before such court or judge [Sec. order as to costs as the case Court. or or the RTC of the returnable before to any RTC of the place where the himself [Sec. act. act or omission respondent was committed or any resides/has of its elements jurisdiction over the occurred place where the data or information (2) CA/SB or any of their is gathered. its effects liberty. returnable (3) RTC. or a judge thereof. or omission was RTC (same with committed or any of scenario: SC issued its elements occurred and then returned in RTC) (3) RTC or any judge thereof.

and issue the writ under when the court or judge has may deputize any his or her own examined into the cause of officer or person to hand. 3] (5) The actions and government office. [Sec. grant the same and Upon the filing of the justice. if any. or judge shall then: petition. 6] Court or judge must. court. justice or judge who shall retain a copy on who shall retain a copy which to make a return of on which to make a Page 59 of 65   . justice or judge court. restrained of his liberty plus circumstances (4) The location of the of each files. the [Sec.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data assumed appellation violation. issue. in case of emergency. 5] reliefs as are just and equitable [Sec. the clerk of court (CoC) issuance of the writ if on shall issue the writ under its face it ought to issue the seal of the court or . registers. serve it. the court. or judicial officer or by a a judicial officer or by a Service (c) person deputed by the person deputized by the person deputized by the court or judge. 6] deputize any officer and is satisfied that he is or person to serve it unlawfully imprisoned [Sec. upon the respondent by a upon the respondent by (b) other proper officer. and may restraint of the prisoner. [Sec. . when a petition is presented and it Upon filing of the appears that it ought to petition. justice. . recourses taken by and the person in the petitioner charge or control (6) Relief prayed for (5) The reliefs prayed for May include a general prayer for other just and Such other relevant equitable reliefs [Sec. 7] 5] Writ may be served in any The writ shall be served The writ shall be served province by the (a) sheriff. the court. CoC shall issue the of the court and the judge may issue the When proper writ under the seal of cause it to be writ under his own hand. In case of urgent it necessity. immediately order the or judge shall issuance of the writ if on immediately order the its face it ought to issue. the petitioner to secure the data or (3) Place where he is (4) The investigation information imprisoned or conducted. the justice . CoC shall issue the writ under the seal . the the writ under his or justice or judge may Also proper to be issued her own hand. the court or served within 3 days and may depute any from issuance or officer or person to serve . In case of urgent or the judge may issue necessity. or (4) Cause of detention databases.

the judge allowing the writ. 1] The officer to whom the writ is directed shall convey the person so imprisoned or restrained before: . 10] on the day specified in the writ. prisoner in his custody. before some other judge of the same court How executed Respondent files the Respondent files the and returned return [Sec. 9] Contents of When the person to be Within 5 working days (1) Lawful defenses Page 60 of 65   . 8] 10] [Sec. 6] private individual or entity engaged in gathering. or has not the apply [Sec. 8] Within 5 working days When to file On the day specified on the Same as Amparo [Sec. [Sec. after service of the writ return writ [Sec. 1] collecting or storing data [Sec. 9] return [Sec. or . be brought therein. return of service. the If that person cannot be substituted service shall rules on substituted found. 8] service shall apply [Sec. the original with the person to whom it is directed and preserving a copy on which In case the writ cannot be In case the writ cannot to make return of service. 9] service shall be made on any other person having or exercising such custody [Sec. in his absence or disability. Officer shall then make due return of the writ. unless person directed to be produced is sick or infirm. with the day and cause of the caption and restraint according to the command thereof [Sec.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data Service is made by leaving service. and cannot. without danger. the rules on the respondent. 7] A public official or Respondent is a public employee or a private May or may not be an officer official or employee or individual or entity Respondent [Sec. served personally on the be served personally on respondent.

the authority possession of the the data or and the cause thereof. such as national restrained by an officer. the process. its collection shall further state particularly the nature acts: (b) The steps or and gravity of the actions taken by sickness or infirmity (a) To verify identity of the respondent aggrieved party (4) If he has had the party in to ensure the his custody or power. 10] location. (b) To recover and security and and has transferred such preserve evidence confidentiality of custody or restraint to the data or (c) To identify and another. to the threat. act or about the order. [Sec. manner. data or was made. respondent pertaining information with a copy of the writ.9] Page 61 of 65   . and in together with supporting communications.10] persons involved (f) Bring suspected offenders before a competent court [Sec. and time information held of death or (3) Other allegations disappearance relevant to the (e) To identify and resolution of the apprehend proceeding [Sec. in the fate or possession or in (1) Truth of custody/power whereabouts of the control of the data or over the aggrieved party aggrieved party information subject (2) If he has custody or of the petition: (3) All relevant power. state person who makes the verified written return secrets. execution or other omission against the petitioner. and public official or custody or power.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data return produced is imprisoned or after service of the writ. or under information in the (a) A disclosure of restraint. before whom the writ is (1) Lawful defenses (2) In case of returnable: (2) The steps or actions respondent taken to determine incharge. particularly to information collect witness whom. and is the purpose for employee. other cases the person in affidavits which shall. for statements (c) The currency and what cause. confidentiality of the whose custody the prisoner contain: source of is found shall state in information of media writing to the court or judge etc. privileged return shall state. the the respondent shall file a security. the return not produced. if any upon aggrieved party nature of such which the party is held data or (4) If the respondent is a (3) If the party is in his information. and by what (d) To determine accuracy of the authority such transfer cause. at what time.

UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data Return or statement shall be signed and sworn to by Respondent shall file a the person who makes it if Respondent shall file a verified written return Formalities of the prisoner is not verified written return together with return produced. 9] Not allowed [Sec. 16] or order of the [Sec. 10] sworn public officer in his official capacity [Sec. or allowance. for justifiable meritorious grounds. recoverable in a or resist a lawful disobeys or resist proper action. (2) Contempt punishable (2) Contempt punishable (c) or upon demand by imprisonment or a by imprisonment or a For faulty made by or on behalf fine fine return of the prisoner. refuses to deliver to (a) A respondent (a) A respondent the person whorefuses to whorefuses to demanding. or shall forfeit to the party (c) Any person who (c) Any person who aggrieved the sum of otherwise disobeys otherwise P1000. or make a return. 10] denial allowed? Defenses not Deemed waived if not pleaded raised in return [Sec. within 6 make a return. 13] Is a general Not allowed [Sec. or prejudice to other disciplinary actions disciplinary actions (2) A person to whom a writ (a) CoC who refuses is directed. 16] court [Sec. or return. 9] [Sec. 11] No. not even on highly Yes. and may also process or order of a lawful process be punished for contempt the court [Sec. 11] pleading [Sec. return. serve the writ [Sec. 11] (1) CoC who refuses to issue (1) Contempt without the writ after allowance (1) Contempt without prejudice to other and demand. or hours a true copy of (b) A respondent who (b) A respondent who the warrant or order makes a false makes a false of commitment. reasons [Sec. who: (a) CoC who refuses to to issue the writ issue the writ after after its (a) neglects/refuses to its allowance. 10] Page 62 of 65   . 8] (b) or makes false return. refuses to serve issue or serve 7] the writ [Sec. unless the return together with supporting supporting affidavits is made and signed by a affidavits [Sec. 10] Is period of return Note: Motion for Note: Motion for extendable? extension of time to file a extension of time to file return is a prohibited a return is a prohibited pleading [Sec. or Penalties obey or make return of the same according (b) A deputized person (b) A deputized to the command who refuses to person who For refusing to thereof.

on the ground of lack of pleadings 13] jurisdiction [Sec. motion to dismiss. the court. As specified in the writ. 6. may be conducted where respondent invokes the defense of Hearing shall be from day national security or to day until completed state secrets. 12] 13] As specified in the writ.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data Court. not later than 7 days from working days from the of hearing 8] the issuance of the writ date of issuance writ [Sec. except position paper and Prohibited other pleadings Same as Amparo [Sec. Rule on (3) Dilatory motion for Custody of Minors and WHC] postponement (4) Motion for bill of particulars (5) Counterclaims or Page 63 of 65   . character [Sec. 12] Unless the court in its discretion requires the petitioner to submit evidence [Sec. 6] [Sec. 7] (1) Motion to dismiss (2) Motion for extension of time to file In custody of minors: a opposition. justice. issues and look at 14] possibility of obtaining Nature of stipulations and Hearing admissions from the Hearing in chambers parties. or justice shall hear the motion ex parte. affidavit. or judge may call With possibility of for a preliminary preliminary conference conference to simplify the similar to Amparo [Sec. However. or the same priority as petitions data is of privileged for Habeas Corpus [Sec. granting the petitioner such reliefs as the petition may Court or justice shall Effect of failure warrant proceed to hear the to file return petition ex parte [Sec. 14] Summary. judge. Summary. not later than 10 Date and time As specified in the writ [Sec.

UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data cross-claims (6) Third-party complaint (7) Reply (8) Motion to declare respondent in default (9) Intervention (10) Memorandum (11) Motion for reconsideration of interlocutory orders or interim relief orders (12) Petition for certiorari. ordinary required to prove the Proof/Standard evidence [Dizon v. the court. production order . 13. facie cause of restraint 17] Upon filing of the petition or at any time before final judgment. mandamus. 17] Public official or Yes. or prohibition [Sec. L-59118 (1988)] • if public official or petition [Sec. 14] Page 64 of 65   . inspection order . No. justice or judge may grant any of the following reliefs: Interim reliefs . 16] employee. Eduardo. Consonant with Sec. witness protection order [Sec. employee cannot stating that if warrant of Presumption of invoke the presumption commitment is in pursuance Official Duty that official duty has been with law.11] Substantial evidence • if respondent is a private individual or Substantial evidence Burden of Clear and convincing entity. temporary protection order .R. diligence allegations in the of Diligence G. extraordinary diligence [Sec. serves as prima regularly performed [Sec.

39. 22] Page 65 of 65   . Effect of filing Same as Amparo [Sec. 23] petition [Sec. 18] [Sec. 21] No more separate petition shall be filed. 19] Institution of Separate Not precluded Not precluded Actions Consolidated with a Consolidated with a Consolidation criminal action filed criminal action filed of actions subsequent to the subsequent to the petition [Sec. 19] under Rule 45 [Sec. Reliefs available by criminal action 21] motion in the criminal case [Sec. 16] Within 48 hours from notice 5 working days from the 5 working days from the of the judgment of final date of notice of adverse date of notice of adverse Appeal order appealed [Sec.UP LAW BOC REMEDIAL LAW PRE-WEEK [EVIDENCE]   Habeas Corpus Amparo Habeas Data Within 10 days from the Within 10 days from the time the petition is time the petition is Judgment submitted for decision submitted for decision [Sec. BP judgment to the SC under judgment to the SC 129] Rule 45 [Sec.