7 - DLSU LCBO Remedial Law Animo Notes 2018

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations 2018
REMEDIAL LAW
Animo Notes Pre-Week Reviewer
Chel Sy Tet Valeza Carmela Wenceslao
LCBO Chairperson Academic Affairs Remedial Law Chairperson
Chairperson
Nico Garcia Mike Uy
LCBO Vice Chair for Azanith Payad Remedial Law Deputy
Internals Rod Zantua Chairperson
Academic Affairs Deputy
Steph Griar Chairpersons Celine Carpio
LCBO Vice Chair for Civil Procedure Subject Head
Externals
Khristel Calantoc
Pat Costales Criminal Procedure Subject
LCBO Executive Secretary Head
Jasfer Tagacay
Special Proceedings Subject
Head
Inno Loreto
Special Civil Actions Subject
Head
Karen Olivete
Evidence Subject Head
GENERAL PRINCIPLES OF REMEDIAL LAW
Q: Explain the Doctrine of Hierarchy of Courts.

A: The doctrine of hierarchy of courts does not accord litigants unrestrained freedom of choice of court to which
filing thereof may be directed. Petitions to courts exercising concurrent jurisdictions should be filed with the
court of lower level unless the importance of the issue involved deserves the action of a higher court. (Audi AG
v. Mejia, 2007)
Q: Explain the Doctrine of Exhaustion of Administrative Remedies.

A: The courts cannot or will not decide on a controversy where the controversy or issue demands the exercise of
sound administrative discretion requiring special knowledge. (Omictin v. CA, 2007)
Q: What is the Doctrine of Primary Jurisdiction?

A: Under this doctrine, courts must refrain from determining a controversy involving a question which is within
the jurisdiction of the administrative tribunal prior to its resolution by the latter, where the question demands
the exercise of sound administrative discretion requiring the special knowledge, experience, and services of the
administrative tribunal to determine technical and intricate matters of fact. (Bagunu v. Spouses Aggabao, 2011)
Q: What are the limitations on the rule-making power of the Supreme Court?
(1) It shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
(2) The rules must be uniform for all the courts of the same grade; and
(3) The rules must not diminish, increase or modify substantive rights. (Sec. 5(5), Art. VIII, Constitution)
GENERAL PRINCIPLES ON JURISDICTION
Q: How is jurisdiction determined?

A: The jurisdiction of the court is determined by the nature of the action pleaded as appearing from allegations
of the complaint irrespective of whether the plaintiff is entitled to recover upon all or some of the claims asserted
therein. (Rapsing v. Ables, 2012)
Q: Is lack of jurisdiction a valid defense?

A: Generally, yes. However, a party may be barred from raising the defense of lack of jurisdiction or estoppel by
laches after obtaining certain affirmative reliefs. (Tijam v. Sibonghanoy, 1968)
Q: Is the non-payment of docket fees a jurisdictional requirement?

A: Yes. The court cannot exercise jurisdiction over the case if the plaintiff does not pay the required docket fees.
(Union Bank v. Bignay, 2014)
However, the non-payment of which at the time of filing does not automatically cause the dismissal of the case
for as long as the fee is paid within the applicable prescriptive or reglamentary period. (Spouses Co v. Tong, 2003)
Q: What cases fall under the jurisdiction of the Supreme Court?

JURISDICTION OF THE SUPREME COURT
Petitions for certiorari, prohibition or mandamus against the:
(1) Court of Appeals (Sec. 17, RA 296);
Exclusive original jurisdiction (2) Commission on Elections (Rule 64, ROC);
(3) Commission on Audit (Rule 64, ROC);
(4) Sandiganbayan
Concurrent jurisdiction with Cases affecting ambassadors, other public ministers and consuls (BP
the RTC 129)
Concurrent jurisdiction with (1) Petitions for certiorari, prohibition or mandamus against the
the CA RTC (BP 129)
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Animo Notes
(2) Petitions for a Writ of Kalikasan (AM No. 09-6-8-SC)
(1) Petitions for Habeas Corpus (BP 129)
Concurrent jurisdiction with (2) Petitions for Quo Warranto (BP 129)
the RTC and CA (3) Petitions for certiorari, prohibition or mandamus against
inferior courts and other bodies (BP 129)
Concurrent jurisdiction with
(1) Petitions for a Writ of Amparo (AM No. 07-9-12-SC); and
the RTC, CA and
(2) Petitions for a Writ of Habeas Data (AM No. 08-1-16-SC)
Sandiganbayan
By way of appeal by Certiorari of the decisions of the:
(1) Court of Appeals;
(2) Sandiganbayan;
(3) RTC on pure questions of law;
(4) In cases involving the constitutionality or validity of a law or
Appellate jurisdiction
treaty, international agreement or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance
or regulation, legality of a tax, impost, assessment, toll or
penalty, jurisdiction of a lower court; and
(5) Court of Tax Appeals en banc
Q: What cases fall under the jurisdiction of the CA?

JURISDICTION OF THE COURT OF APPEALS
Exclusive original jurisdiction Actions for annulment of judgments of the RTC (Section 9(2), BP 129)
(1) Petitions for certiorari, prohibition or mandamus against the RTC;
(2) Petitions for a Writ of Kalikasan; and
(3) Petitions for certiorari, prohibition or mandamus against the
NLRC
the Supreme Court
NOTE: Such petitions should be initially filed in the CA in strict
observance of the rule on hierarchy of courts. The concurrent original
jurisdiction of the SA can be availed of only under compelling and
exceptional circumstances. (St. Martin Funeral Homes v. CA, 1998)
(1) Petitions for Habeas Corpus;
(2) Petitions for Quo Warranto; and
the Supreme Court and
(3) Petitions for certiorari, prohibition or mandamus against inferior
Regional Trial Court
courts and other bodies.
(1) Petitions for a Writ of Amparo; and
the Supreme Court, Regional
(2) Petitions for a Writ of Habeas Data.
Trial Court and Sandiganbayan
(1) By way of Ordinary Appeal from the RTC and the Family
Courts;
(2) By way of Petition for Review from the RTC rendered in the
exercise of its appellate jurisdiction;
(3) By way of Petition for Review from the final judgments,
decisions, resolutions, orders or awards of any quasi-judicial
agency in the exercise of its quasi-judicial functions;
(4) Exclusive appellate jurisdiction over decisions of the MTCs in
cadastral or land registration cases pursuant to its delegated
jurisdiction.
Q: What cases fall under the jurisdiction of the RTC and of the MTC?
Regional Trial Courts Municipal Trial Courts
Exclusive If the gross value, claim, or demand exceeds If the gross value, claim, or demand does not
original P300,000 (outside Metro Manila), or exceeds exceed P300,000 (outside Metro Manila), or
jurisdiction P400,000 (Metro Manila): does not exceed P400,000 (Metro Manila):
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(1) Actions involving personal property depending on the value;
(2) Admiralty and maritime cases depending on the amount of demand or claim;
(3) Probate proceedings (testate or intestate) depending on the gross value of the estate;
(4) Demand for money depending on the amount.
NOTE: Exclusive of Interest, Damages of whatever kind, Attorney’s fees, Litigation

Expenses, and Costs (IDALEC), the amount of which must be specifically alleged, but the
filing fees thereon shall be paid.
NOTE: The exclusion of the term “damages of whatever kind” applies to cases where the
damages are merely incidental to or a consequence of the main cause of action. However, in
cases where the claim for damages is the main cause of action, the amount of such claim
shall be considered in determining the jurisdiction of the court (Administrative Circular No.
09-94).
If the assessed value or interest in the real If the assessed value or interest in the real
property exceeds P20,000 (outside Metro property does not exceed P20,000 (outside
Manila), or exceeds P50,000 (Metro Manila): Metro Manila), or does not exceed P50,000
(Metro Manila):
(5) Actions involving title to or possession of real property, or any interest therein
depending on the assessed value.
(6) Actions the subject matter of which (6) Inclusion and exclusion of voters
is incapable of pecuniary estimation. (BP 881, Sec.138);
(7) Those covered by the Rules on
NOTE: The basic issue in an action incapable Summary Procedure
of pecuniary estimation is one other than the a. Forcible Entry and Unlawful Detainer
recovery of money. In this kind of action, the
money claim is merely incidental (Singsong v. NOTE: With jurisdiction to resolve issue of
Isabela Sawmill, 1979), ownership to determine only the issue of
possession;
NOTE: Annulment of judgments of the RTC
is also an action which is incapable of NOTE: Irrespective of the amount of
pecuniary estimation but is cognizable by the damages or unpaid rentals sought to be
CA by express mandate of BP 129. In other recovered;
words, all actions which are incapable of
pecuniary estimation is cognizable by the NOTE: Where attorney’s fees are
RTC except the annulment of judgments of awarded, the same shall not exceed
the RTC. P20,000.
(7) Cases not within the exclusive b. Other civil cases, except probate
jurisdiction of any court, tribunal, proceedings, where the total amount of
person or body exercising judicial or the plaintiff’s claim does not exceed
quasi-judicial functions (General PhP100,000 or does not exceed
Jurisdiction of RTC); PhP200,000 in Metro Manila, exclusive
of interests and costs (as amended by
(8) Under Sec. 5.2 of the Securities and A.M. No. 02-11-09-SC, effective
Regulations Code to hear and decide: November 25, 2002).
a. Devices or schemes employed by or any
acts of the board of directors, business
associates, its officers or partnership,
amounting to fraud and
misrepresentation;
b. Intra-corporate controversies;
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Animo Notes
c. Controversies in the elections or
appointments of directors, trustees,
officers or managers of corporations,
partnerships or associations;
d. Petitions of corporations, partnerships or
associations to be declared in a state of
suspension of payments.
SC may designate certain branches of RTC to Petition for Habeas Corpus or application for
try exclusively criminal cases, juvenile and bail in criminal cases in the absence of all
Special domestic relations cases, agrarian cases, RTC judges in the province or city.
jurisdiction urban land reform cases not falling w/in the
jurisdiction of any quasi-judicial body and
other special cases in the interest of justice.
With the SC
Actions affecting ambassadors, public
ministers and consuls.
With the SC and CA

a. Petitions for Habeas Corpus;
b. Petitions for Quo Warranto;
c. Petitions for certiorari, prohibition or
Concurrent
mandamus against inferior courts and other --------
jurisdiction
bodies.
With the SC, CA and Sandiganbayan

a. Petitions for a Writ of Amparo;
b. Petitions for a Writ of Habeas Data.
With the Insurance Commissioner

Claims not exceeding PhP100,000.
All cases decided by the lower courts in their
Appellate respective territorial jurisdiction except
---------
jurisdiction decisions of lower courts in the exercise of
delegated jurisdiction.
May be assigned by the SC to hear cadastral
or land registration cases where there is no
Delegated
------ controversy or opposition over the land or in
jurisdiction
case of contested lands, the value does not
exceed P100,000.
Q: What cases fall under the jurisdiction of the Sandiganbayan?

JURISDICTION OF THE SANDIGANBAYAN
(1) Violations of the Anti-Graft and Corrupt Practices Act;
(2) Forfeiture in favor of the state of any property found to have been
unlawfully acquired by any public officer or employee R.A. No. 1379;
(3) Violations of Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, where one or more of the principal accused are
Original jurisdiction occupying the following positions in the government, as enumerated
in Section 4, RA 8249, whether in a permanent, acting or interim
capacity at the same time of the commission of the offense;
(4) Other offenses or felonies committed by the public officials and
employees mentioned in Section 4(a) of R.A. No. 7975 as amended by
R.A. No. 8249 in relation to their office;
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(5) Civil and criminal cases filed pursuant to and in connection with
Executive Order No. 1, 2, 14, and 14-A. (Sec. 4, R.A. No. 8249); and
(6) Crimes committed by public officers and employees including those
employed in government-owned or controlled corporations,
embraced in Title VII of the Revised Penal Code, whether simple or
complexed with other crimes. (Sec. 4 (b), P.D. 1606)
NOTE: The original jurisdiction of the Sandiganbayan as a trial court was made to
depend not on the penalty imposed by law on the crimes and offenses within its
jurisdiction but on the rank and salary grade of accused government officials and
employees, i.e. public officials and employees occupying the positions with Salary
Grade 27 or higher. (Organ v. Sandiganbayan, 1999)
Concurrent (1) Petitions for a Writ of Amparo; and
jurisdiction (2) Petitions for a Writ of Habeas Data.
Q: What cases fall under the jurisdiction of the Court of Tax Appeals?
JURISDICTION OF THE COURT OF TAX APPEALS
(1) Tax collection cases involving final and executory assessments
for taxes, fees, charges and penalties;
(2) All criminal offenses arising from violations of the National
Exclusive original jurisdiction
Internal Revenue Code or Tariff and Customs Code and other
laws administered by the Bureau of Internal Revenue or the
Bureau of Customs
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Animo Notes
(1) Decisions of the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or other
matters arising under the National Internal Revenue or other
laws administered by the Bureau of Internal Revenue;
(2) Inaction by the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relations thereto, or
other matters arising under the National Internal Revenue Code
or other laws administered by the Bureau of Internal Revenue,
where the National Internal Revenue Code provides a specific
period of action, in which case the inaction shall be deemed a
denial;
(3) Decisions, orders or resolutions of the Regional Trial Courts in
local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
(4) Decisions of the Commissioner of Customs in cases involving
liability for customs duties, fees or other money charges, seizure,
detention or release of property affected, fines, forfeitures or
Exclusive appellate jurisdiction
other penalties in relation thereto, or other matters arising under
to review by appeal
the Customs Law or other laws administered by the Bureau of
Customs;
(5) Decisions of the Central Board of Assessment Appeals in the
exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by
the provincial or city board of assessment appeals;
(6) Decisions of the Secretary of Finance on customs cases elevated
to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the
Government under Section 2315 of the Tariff and Customs
Code;
(7) Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary
of Agriculture in the case of agricultural product, commodity or
article, involving dumping and countervailing duties under
Section 301 and 302, respectively, of the Tariff and Customs
Code, and safeguard measures under Republic Act No. 8800,
where either party may appeal the decision to impose or not to
impose said duties.
(1) Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax cases originally decided by them, in
their respected territorial jurisdiction;
Exclusive appellate jurisdiction (2) Over petitions for review of the judgments, resolutions or orders
in criminal offenses of the Regional Trial Courts in the exercise of their appellate
jurisdiction over tax cases originally decided by the
Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in their respective jurisdiction.
(1) Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax collection cases originally decided
Exclusive appellate jurisdiction by them, in their respective territorial jurisdiction;
in tax collection cases (2) Over petitions for review of the judgments, resolutions or orders
of the Regional Trial Courts in the Exercise of their appellate
jurisdiction over tax collection cases originally decided by the
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Animo Notes
Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts, in their respective jurisdiction."
Q: What are the cases that fall under the jurisdiction of the family courts?
JURISDICTION OF FAMILY COURTS
(1) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of age
but not less than nine (9) years of age or where one or more of
the victims is a minor at the time of the commission of the
offense:
(2) Petitions for guardianship, custody of children, habeas corpus
in relation to the latter;
(3) Petitions for adoption of children and the revocation thereof;
(4) Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property
relations of husband and wife or those living together under
different status and agreements, and petitions for dissolution of
conjugal partnership of gains;
(5) Petitions for support and/or acknowledgment;
(6) Summary judicial proceedings brought under the provisions of
Executive Order No. 209, otherwise known as the "Family Code
of the Philippines";
(7) Petitions for declaration of status of children as abandoned,
dependent o neglected children, petitions for voluntary or
Exclusive original jurisdiction involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order
No. 56, (Series of 1986), and other related laws;
(8) Petitions for the constitution of the family home;
(9) Cases against minors cognizable under the Dangerous Drugs
Act, as amended;
(10) Violations of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by Republic
Act No. 7658; and
(11) Cases of domestic violence against:
* Women - which are acts of gender based violence that results,
or are likely to result in physical, sexual or psychological harm
or suffering to women; and other forms of physical abuse such
as battering or threats and coercion which violate a woman's
personhood, integrity and freedom movement; and
*Children - which include the commission of all forms of abuse,
neglect, cruelty, exploitation, violence, and discrimination and
all other conditions prejudicial to their development.
Q: What is jurisdiction over the subject matter?

A: Jurisdiction over the subject matter is referred to as the power of a particular court to hear the type of case
that is then before it. It is the power or authority to hear and determine cases of the general class to which the
proceeding in question belongs (Reyes v. Diaz, 1941).
Q: How is jurisdiction over the subject matter conferred?

A; Since jurisdiction over the subject matter is conferred only by the Constitution or by law, it cannot be:
(a) granted by agreement of the parties;
(b) acquired, waived, enlarged, or diminished by any act or omission of the parties; or
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Animo Notes
(c) conferred by the acquiescence of the courts (Republic v. Estipular, 2000). Neither can jurisdiction over the
subject matter be conferred by the administrative policy of any court or a court’s unilateral assumption of
jurisdiction.
Q: How is jurisdiction over the plaintiff acquired?

A: Jurisdiction over the plaintiff is acquired by his filing of the complaint or petition. By doing so, he submits
himself to the jurisdiction of the court (Davao Light & Power Co., Inc. v. Court of Appeals, 1991)
Q: How is jurisdiction over the defendant acquired?

A: Jurisdiction over the defendant in civil cases is acquired either by his voluntary appearance in court and his
submission to its authority, or by service of summons (Ang Ping v. Court of Appeals, 2002)
Q: How is jurisdiction over the issues conferred?

A: Jurisdiction over the issues is conferred and determined:
(1) by the pleadings of the parties
(2) by stipulation of the parties as when in the pre-trial, the parties enter into stipulations of facts and
documents or enter into an agreement simplifying the issues of the case
(3) by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings
Q: How is jurisdiction over the res acquired?

A: It is acquired by the seizure of the thing under legal process whereby it is brought into actual custody of law,
or it may result from the institution of a legal proceeding wherein the power of the court over the thing is
recognized and made effective. (Banco-Español v. Palanca, 1918)
Q: Explain the Totality Rule.

A: Under the Totality Rule, where there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of action arose out of the same or different transactions.
CIVIL PROCEDURE
Q: Distinguish between an ordinary civil action and a special proceeding

Ordinary Civil Action Special Proceeding
One by which a party sues another for the A remedy by which a party seeks to establish a status,
enforcement or protection of a right, or the prevention a right or a particular fact.
or redress of a wrong (Rule 1, Sec. 3)
Q: Distinguish between personal action and real action.

Personal Action Real Action
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All other actions An action which affects title to or possession of real property, or an interest therein.
not considered The matter in litigation must involve:
as a real action a. Title to, ownership, possession, partition, foreclosure of mortgage, or any
interest in real property, not only incidental to the subject matter of the suit.
(Sec. 1, Rule 4, 1997 Rules of Civil Procedure)
b. Actions for reconveyance, cancellation of title fall under "title to, or possession
of, real property, or any interest therein" and are considered as real actions.
(Concha v. Lumocso, 2007)
Q: Differentiate an action in personam, in rem, and quasi in rem.

An action against a person on the basis of his personal liability; directed to a
Action in personam
particular person.
Action in rem An action against the thing itself; directed against the whole world.
One wherein an individual is named as defendant and the purpose of the
Action quasi in rem proceeding is to subject his interest therein to the obligation or lien burdening the
property.
Source: De Pedro v. Romasan Development, 2014
Q: When is a cause of action deemed sufficient?

A: The cause of action will depend on the allegations in the complaint and if they furnish sufficient basis by
which the complaint can be maintained, not by that which is asserted as defense by the defendant. (Juana Complex
v. Fil-Estate Land, 2012)
Q: Distinguish right of action and cause of action.

Cause of Action Right of Action
It refers to the delict or wrong committed by the It refers to the right of the plaintiff to institute the
defendant. action.
It is determined by the pleading It is determined by substantive law.
A right of action may be taken away by the running
Statute of limitations, estoppel or other
of the statute of limitations, estoppel or other
circumstances do not affect the cause of action.
circumstances.
Q: When are alternative defendants allowed?

A: Where the plaintiff cannot definitely identify who among two or more persons should be impleaded as a
defendant, he may join all of them as defendants in the alternative (Sec. 13, Rule 3, 1997 Rules of Civil Procedure).
Q: Distinguish between compulsory joinder of parties from permissive joinder of parties.

Compulsory Joinder of Parties Permissive Joinder of Parties
Involves parties in interest All persons in whom or against whom any right to relief in respect to or
without whom no final arising out of the same transaction or series of transactions is alleged to
determination can be had of an exist, whether jointly, severally, or in the alternative, may, except as
action shall be joined either as otherwise provided in these Rules, join as plaintiffs or be joined as
plaintiffs or defendants. (Sec 7, defendants in one complaint, where any question of law or fact common
Rule 3) to all such plaintiffs or to all such defendants may arise in the action; but
the court may make such orders as may be just to prevent any plaintiff or
defendant from being embarrassed or put to expense in connection with
any proceedings in which he may have no interest. (Sec 6, Rule 3)
Q: What is the proper remedy when there is misjoinder of parties?

A: The proper remedy in case of misjoinder or non-joinder is to implead the indispensable party at any stage of
the action. However, if there is refusal to comply with the orders of the court to implead the indispensable party
the case may be dismissed. (Leonis Navigation v. Villamater, 2010)
Q: What is the effect of non-joinder of parties?
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A: Non-joinder of indispensable parties is not a ground for the dismissal of an action; however if there is failure
to comply with the lawful orders of the court to implead indispensable parties, the complaint can be dismissed
for failure to comply with the lawful orders of the court. (Mesina v. Fian Sr., 2013)
Q: What is the effect of death of a party-litigant upon a pending action?

A: It depends on the kind of action.
(1) In a purely personal action, the death of either of the parties extinguishes the claim and the action is
dismissed.
(2) In an action that is not purely personal, the claim is not extinguished and the party should be substituted
by his heirs, executor or administrator. In case of minor heirs, the court may appoint a guardian ad litem
for them.
(3) In an action for recovery of money arising from contract and the defendant dies before entry of final
judgment, it shall not be dismissed but instead shall be allowed to continue until entry of judgment. A
favorable judgment obtained by the plaintiff shall be enforced in the manner provided in the rules for
prosecuting claims against the estate of a deceased person. (Sec. 20, Rule 3, 1997 Rules of Civil Procedure;
1999 Bar)
Q: What are the requisites of class suits?

A: It is an action where one or more may sue for the benefit of all if the requisites for said action are complied
with. (Sec. 12, Rule 3, 1997 Rules of Civil Procedure)
(1) Subject matter of the controversy must be of common or general interest to many persons;
(2) Persons are so numerous that is impracticable to join all as parties;
(3) Parties actually before the court are sufficiently numerous and representative as to fully protect the
interest of all concerned; and
(4) Representatives sue or defend for the benefit of all.
Q: What is the venue of actions against non-residents?

A: If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal
status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced
and tried in the court of the place where the plaintiff resides, or where the property of any portion thereof is
situated or found. (Sec. 3, Rule 4, 1997 Rules of Civil Procedure)
Q: When are the rules on venue not applicable?

(1) In those cases where a specific rule or law provides otherwise; or
(2) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue
thereof. (Sec. 4, Rule 4, 1997 Rules of Civil Procedure)
REMEMBER: If the parties failed to add qualifying, restrictive or exclusive words pertaining to the specific
venue, the venue shall not be exclusive. (Polytrade Corp. v. Blanco, 1969)
Q: What is the venue of real actions?

A: The venue is the place where the real property involved is situated. (Sec. 1, Rule 4, 1997 Rules of Civil Procedure).
If several parcels of land are the objects of one and the same transaction, the venye is in the court in ANY of the
provinces/places where the parcels of land are situated. (Filipino v. Seva, 1932)
If the parels of land are subject to separate and distinct transactions, separate actions should be laid in the court
of the province where each parcel of land is situated. (Mijares v. Piccio, 1957)
Q: What is the venue of personal actions?

A: Venue is transitory; hence, the venue is the residence of the plaintiff or deferendant at the option of the
plaintiff. (Sec. 2, Rule 4, 1997 Rules of Civil Procedure)
Q: What is the effect of unsigned pleading?
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A: An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for
delay. (Sec. 3, Rule 7, 1997 Rules of Civil Procedure)
Q: How is a pleading verified?
A: A pleading is verified by an affidavit, which states that:
(1) Affiant has read the pleading; and
(2) Allegations therein are true and correct of his personal knowledge or based on authentic records. (Sec.
4, Rule 7, 1997 Rules of Civil Procedure)
REMEMBER: Verification is deemed substantially complied with when one who has ample knowledge to swear
to the truth of the allegations in the complaint or petition signs the verification in good faith. (Estel v. Heirs of
Diego, 2012)
Q: What is the significance of verification?

A: It is intended to secure an assurance that the allegations in a pleading are true and correct and not the product
of the imagination or a matter of speculation, and that the pleading is filed in good faith. The absence of a proper
verification is cause to treat the pleading as unsigned and dismissible. (Chua v. Torres, 468 SCRA 358)
Q: Define Forum Shopping (2006 Bar)

A: It is an act of a party against whom an adverse judgment has been rendered in one frum of seeking and
possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari.
(Sps. Carpio v. Rural Bank of Sto. Tomas, Batangas, 2006)
Q: What are the undertakings of a party under the certification against forum shopping?
(1) That the party has not commenced or filed any claim involving the same issues in any court, tribunal,
or quasi0judicial agency and , to the best of his knowledge, no such other action or claim is pending;
(2) That if there is such other pending action or claim, a complete statement of the present status thereof;
(3) That if he should therefore learn that the same or similar action or claim has been filed or is pending, he
shall report that fact within five days therefrom to the court wherein his aforeseaid complaint or
initiatory pleading has been filed (Sec. 5, Rule 7, 1997 Rules of Civil Procedure)
Q: What are the requirements of a corporation executing the verification/certification of non-forum shopping?
A: It may be signed by a specially authorized lawyer who has personal knowledge of the facts required to be
disclosed in such document. The certificate of non-forum shopping must be accompanied by a board resolution
authorizing the counsel to sign the certification. (BA Savings Bank v. Sia, 2000)
Q: Distinguish between a compulsory counterclaim and a permissive counterclaim.

Compulsory Counterclaim Permissive Counterclaim
One which arises out of or is necessarily connected It does not arise out of nor is it necessarily connected
with the transaction or occurrence that is the subject with the subject matter of the opposing party's claim.
matter of the opposing party's claim. (Sec. 7, Rule 6, (Lafarga Cement v. Continental Cement, 2004)
1997 Rules of Civil Procedure)
Requisites:
(a) it arises out of or is necessarily connected with the
transaction or occurrence which is the subject matter
of the opposing party’s claim;
(b) it does not require for its adjudication the presence
of third parties of whom the court cannot acquire
jurisdiction; and
(c) the court has jurisdiction to entertain the claim
both as to its amount and nature, except that in an
original action before the RTC, the counterclaim may
be considered compulsory regardless of the amount.
(Alba v. Malapajo, 2016)
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Q: What is the effect on the counterclaim when the complaint is dismissed?
A: If a counterclaim has already been pleaded by the defendant prior to the service upon him of the plaintiff‘s
motion to dismiss, and the court grants the said motion to dismiss, the dismissal shall be limited to the complaint.
The dismissal of the complaint, due to the fault of the plaintiff, is without prejudice to the right of the defendant
to prosecute his counterclaim in the same action or in a separate action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise declared by the court. The dismissal of the main action does not
carry with it the dismissal of the counterclaim. (Sec. 6, Rule 17, 1997 Rules of Civil Procedure)
Q: What are ultimate facts?

A: They refer to the essential facts of the claim. A fact is essential if it cannot be stricken out without leaving the
statement of the cause of action insufficient (Ceroferr Realty Corporation v. CA, 2002)
Q: When must a specific denial be made under oath?

(1) A denial of an actionable document (Sec. 8, Rule 8, 1997 Rules of Civil Procedure);
(2) A denial of allegations of usury in a complaint to recover usurious interest (Sec. 11, Rule 8, 1997 Rules of
Civil Procedure).
REMEMBER: An answer raising a specific denial based on the above grounds is deemed to be under oath if it
contains verification.
Q: What is the effect of failure to make a specific denial?

A: Material averments, except as to the amount of unliquidated damages, not specifically denied are deemed
admitted. If the allegations are deemed admitted, there is no more triable issue between the parties and if the
admissions appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings
under Rule 34.
Q: What is a negative pregnant?

A: It is an admission in avoidance. It was said that if defendant's denial is a negative pregnant, it is equivalent to
an admission in avoidance.
Q: What is the effect of failure to plead?

A: As a general rule, defenses or objections not pleaded either in a motion to dismiss or in the answer are deemed
waived. (Sec. 1, Rule 9)
Exceptions:
(1) When it appears from the pleading or the pieces of evidence on record that the Court has no jurisdiction
over the subject matter;
(2) That there is another action pending between the same parties for the same cause;
(3) That the action is barred by the statute of limitations; (same as Sec. 8, Rule 117, Rules of Civil Procedure)
and
(4) Res judicata. In all these cases, the court shall dismiss the claim. (Sec. 1, Rule 9, 1997 Rules of Civil
Procedure)
Q: What is the effect of failure to plead a compulsory counterclaim and cross-claim?

A: A compulsory counterclaim or a cross-claim not set up shall be barred. (Sec. 2, Rule 9, 1997 Rules of Civil
Procedure.
Exception: If the compulsory counterclaim or cross-claim is an after- acquired counterclaim, that is, such claim
matured after filing of the answer, it may be pleaded by filing an amended answer or a supplemental answer or
pleading (Sec. 9, Rule 11, 1997 Rules of Civil Procedure)
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Animo Notes
REMEMBER: Counterclaims or cross-claims omitted through oversight, inadvertence, or excusable neglect or
when justice requires may be set up by amendment before judgment. Leave of court is necessary (Sec. 10, Rule
11, 1997 Rules of Civil Procedure)
Q: What are the remedies against an order of default?

A: Remedies against an order of default:
(1) Motion to set aside order of default – File a motion, under oath, to set aside the order of default on the
ground that his failure to answer was due to fraud, accident, mistake, or excusable neglect, and that he
has a meritorious defense.
(2) If there is already a judgment, the remedies are motion for reconsideration, motion for new trial, appeal,
and if the judgment is already final, a petition for relief from judgment (Lina v. CA, 1985); and
(3) An action for annulment or nullity of judgment may also be filed. (Rule 47, 1997, Rules of Civil Procedure;
Gomez v. Montalban, 2009)
Q: What is the effect of order of default?

A: A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. (Sec. 3
(a), Rule 9, 1997 Rules of Civil Procedure)
Q: What is the effect of partial default?

A: When a pleading asserting a claim states a common cause of action against several defending parties, some
of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed
and render judgment upon the evidence presented (Sec. 3 (c), Rule 9, 1997 Rules of Civil Procedure)
Q: What is the extent of relief in case of default?

A: Where a party has been declared in default, the amount of damages that should be adjudged against him
cannot exceed the amount alleged in the complaint even if the complainants are able to prove during the
reception of evidence a higher amount of damages. If the amount of damages is not specified, the court in cases
of default would not be able to make such a determination. (Sec. 3 (d), Rule 9, 1997 Rules of Civil Procedure).
Q: When is default not allowed?

A: If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation
fails to answer, the court shall order the prosecuting attorney to investigate whether or not a collusion between
the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence
submitted is not fabricated. (Sec. 3 (e), Rule 9, 1997 Rules of Civil Procedure)
Q: Upon whom shall service be made?

A: If a party has not appeared by counsel, then service must be made upon him. If a party has appeared by
counsel, then service upon said party shall be made upon his counsel or one of them, unless service upon the
party himself is ordered by the court (Sec. 2, Rule 13, Rules of Court).
The rule is that when a party is represented by counsel in an action in court, notices of all kinds, including
motions, pleadings, and orders must be served on counsel and notice to him is notice to the client (People vs.
Gabriel, 2006)
REMEMBER: It has been held that notice or service made upon a party who is represented by counsel is a nullity.
As a rule, notice to the client and not to his counsel of record is not notice in law unless for instance when the
court or tribunal orders service upon the party or when the technical defect in the manner of notice is waived.
(Heirs of Benjamin Mendoza vs. CA, 2008)
Q: What are the periods for the filing of pleadings?
GR: Within 15 days from service of summons, unless a different period is fixed
by the court (Rule 11, Sec. 1, 1997 Rules of Civil Procedure)
Answer to the Complaint
Foreign private juridical entity defendant summons through government
official: Within 30 days (Rule 11, Sec. 2, 1997 Rules of Civil Procedure)
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Animo Notes
Non-resident: defendant, with extraterritorial service of summon: reasonable
time not less than 60 days set by court from service of extrajudicial summons
(Rule 14, Sec. 15, 1997 Rules of Civil Procedure)
Made as a matter of right: 15 days from service of copy of the amended
complaint (Sec. 3, Rule 11, 1997 Rules of Civil Procedure)
Answer to Amended
Complaint
Not as a matter of right: within 10 days from notice of the order admitting the
same (Sec. 3, Rule 11, 1997 Rules of Civil Procedure)
Answer to Counterclaim Within 10 days from service (Sec.4, Rule 11, 1997 Rules of Civil Procedure)
or Cross-claim
Answer to Third (fourth- Within 15 days (Sec.5, Rule 11, 1997 Rules of Civil Procedure)
etc.) party Complaint
Within 10 days from service of the pleading responded to. (Sec. 6, Rule 11, 1997
Reply
Rules of Civil Procedure)
Answer to Supplemental Within 10 days from notice of the order submitting the same (Sec. 6, Rule 10, 1997
complaint Rules of Civil Procedure)
Q: What are the modes of service of pleadings?

A: The following are the modes of service, with personal service being the preferred mode.
(1) Personal service: The service and filing of pleadings and other papers shall be done personally,
whenever practicable. This is the preferred mode of service (Sec. 9, Rule 13, Rules of Court)
(2) Service by mail: The preferred service by mail is by registered mail. Service by ordinary mail may be
done only if no registry service is available in the locality of either the sender or the addressee (Sec. 7,
Rule 13, Rules of Court) Service by registered mail shall be done by depositing the copy in the post office,
in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, or otherwise
at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return
the mail to the sender after 10 days if not delivered. (Sec. 7, Rule 13, Rules of Court)
(3) Substituted service: This mode is availed of only when there is failure to effect service personally or by
mail. This failure occurs when the office and residence of the party or counsel are unknown (Sec. 8, Rule
13, Rules of Court). It is effected by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail (Sec. 8, Rule 13, Rules of Court)
Q: When may an amendment be made?

A: A plaintiff has the right to amend his complaint once at any time before a responsive pleading is served by
the other party or in case of a reply to which there is no responsive pleading, at any time within ten (10) days
after it is served. (Sec. 2, Rule 10, 1997 Rules of Civil Procedure)
REMEMBER: A motion to dismiss is not a responsive pleading and its filing does not preclude the exercise of
the plaintiff's right to amend his complaint. (Paeste Jaurigue, 94 Phil 179)
Leave of court is required for substantial amendment made after service of a responsive pleading. (Sec. 3, Rule
10, 1997 Rules of Civil Procedure; 1994 Bar)
Q: When may amendments to conform to or authorize presentation of evidence be made?

A:
(1) When issues not raised by the pleadings are tried with the express or implied consent of the parties.
(2) Amendment may also be made to authorize presentation of evidence if evidence is objected to at the
trial on the ground that it is not within the issues made by the pleadings, if the presentation of the merits
of the action and the ends of substantial justice will be subserved thereby. (Sec. 5, Rule 10, 1997 Rules of
Civil Procedure)
REMEMBER: Failure to amend does not affect the result of the trial of said issue.
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Animo Notes
Q: Distinguish between an amended pleading from a supplemental pleading.
Amended pleading Supplemental pleading
In order to allege facts which occurred prior to the
filing of the original pleadings, but because of In order to allege facts which occurred after the
oversight, inadvertence, or subsequent discovery, filing of the original pleadings
such facts were not alleged therein
As a matter of right, or by leave of court Always by leave of court
Merely supplements and exists side-by-side with the
Supersedes the original one which it amends
original
A new copy of the entire pleading must be filed Does not require a new copy of the entire pleading
Q: What is Filing?
A: It is an act of presenting the pleading or other papers to the clerk of court. (Sec. 2, Rule 13, 1997 Rules of Civil
Procedure)
Q: What is Service?
A: It is the act of providing a party with a copy of the pleading or paper concerned. (Sec. 2, Rule 13, 1997 Rules of
Civil Procedure)
Q: How is substituted service made?

A: If the defendant cannot be served in person within a reasonable time, service can be effected:
(1) By leaving copies of the summons at the defendant's dwelling house or residence with some person of
suitable age and discretion then residing therein;
(2) By leaving copies at defendant's office or regular place of business with some competent person in
charge thereof. (Sec. 7, Rule 14, 1997 Rules of Civil Procedure)
Q: What are the circumstances that must be established in order to justify the resort to substituted service?
(1) Service of summons in person within a reasonable time was impossible;
(2) Efforts were exerted to locate the party; and
(3) The summons was served upon a person of sufficient age and discretion residing at the party's residence
or upon a competent person in charge of the party's office or place of business.
Note: Failure to ask would invalidate all subsequent proceedings on jurisdictional grounds. (Planter's
Development Bank v. Chandumal, 2012)
The validity of personal service of summons is how the service was personally served to the person of the
defendant and NOT the place of service. (Sps. Manuel v. Ong, 2014)
Q: What are the requisites for extra-territorial service?

(1) Defendant is a non-resident;
(2) He is not found in the Philippines; and
(3) Action against him is either in rem or quasi in rem; does not apply in actions in personam. (Sec. 15, Rule
14, 1997 Rules of Civil Procedure)
Q: When is extra-territorial service allowed?

(1) The action affects the personal status of the plaintiffs;
(2) The action relates to, or the subject of which is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent;
(3) The relief demanded in such action consists, wholly or in part, of excluding the defendant from any
interest in property located in the Philippines;
(4) The defendant non-resident's property has been attached within the Philippines. (Sec. 15, Rule 14, 1997
Q: What is the rule on voluntary appearance?
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Animo Notes
A: Voluntary appearance pertains to any form of appearance in court, by the defendant, by his agent authorized
to do so, or by attorney. It is equivalent to service except where such appearance is precisely to object the
jurisdiction of the court over the person of the defendant (Carballo v. Encarnacion, 1953)
As a general rule, the defendant's voluntary appearance in the action shall be equivalent to service of summons.
Exception: Special appearance to file a motion to dismiss.
Q: When may constructive service (by publication) be resorted to?

A: Generally, it is available only in actions in rem or quasi in rem. Publication is notice to the whole world that
the proceeding has for its object to bar indefinitely all who might be minded to make an objection of any sort
against the right sought to be established. It is the publication of such notice that brings the whole world as a
party in the case and vests the court with jurisdiction to hear and decide it. (Alaban v. CA, 2005)
It is also available in an action in personam in the following situations:

(1) The identity of the defendant is unknown;
(2) The whereabouts of the defendants are unknown and cannot be ascertained by diligent inquiry;
(3) The defendant is a resident of the Philippines but is temporarily out of the country.
(4) The defendant does not reside and is not found in the Philippines but the suit can be properly
maintained against him in the Philippines, it being in rem or quasi in rem. (Sec. 14, Rule 14, ROC)
Q: Distinguish between motions and pleadings.

Motion Pleading
Contains allegations of facts Contains allegations of the ultimate facts
Grant of the relief does not extinguish the action Grant of the relief extinguished the action (final relief)
(interlocutory)
There are instances when it need not be in writing Always in writing
Q: What is a motion ex parte?

A: It is a motion made without the presence of a notification to the other party because the question generally
presented is not detable. (Denso (Phils), Inc. v. IAC, 1987)
Q. What is a litigated motion?

A: It is the opposite of a motion ex parte – one made with notice to the adverse party so that an opposition hereto
may be made.
Q: What is a motion of course?

A: It is a motion for a certain kind of relief or remedy to which the movant is entitled as a matter of right, and
not as a matter of discretion on the part of the court. Moreover, the allegations contained in such a motion do not
have to be investigated or verified. (Black's Law Dictionary, free 2nd edition)
Q: What is a special motion?

A: It is the opposite of a motion of course, here the discretion of the court is involved; moreover, usually an
investigation of the facts alleged is required. (Black 's Law Dictionary, free 2nd edition)
Q: What is pro-forma motion?

A: A pro forma motion is one which does not satisfy the requirements of the rules and one which will be treated
as a motion intended to delay the proceedings (Marikina Development Corporation v. Flojo, 1995)
Q: What is an omnibus motion?

A: It is a motion which in a broad sense combines different motions all filed at the same time either to save time
or for convenience. In a strict sense, it is a motion attacking a proceeding, and containing all the objections
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Animo Notes
available at said time, because all objections not so included shall be deemed waived. (Sec. 8, Rule 15, 1997 Rules
of Civil Procedure)
Q: When is a motion for bill of particulars applied for?

A: Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any
matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his
responsive pleading. If the pleading is a reply, the motion must be filed within 10 days from service thereof. (Sec.
Q: What is the effect of non-compliance with the order of bill of particulars?

A:
(1) If the order is not obeyed or in case of insufficient compliance therewith, the court:
a. May order the striking out of the pleading or the portion thereof to which the order is directed;
or
b. Make such order as it may deem just (Sec. 4, Rule 12, 1997 Rules of Civil Procedure)
(2) If plaintiff is disobedient for no justifiable cause, his complaint will be dismissed upon motion of the
defendant or upon the court's own motion. (Sec. 3, Rule 17, 1997 Rules of Civil Procedure)
(3) If defendant is disobedient, his answer will be stricken off and his counterclaim dismissed, and he will
be declared in default upon motion of the plaintiff. (Sec. 4, Rule 17; Sec. 3, Rule 9, 1997 Rules of Civil
Procedure)
Q: Is Motion to dismiss a pleading?

A: No. A motion to dismiss is not a pleading. It is merely a motion. It is an application for relief other than by a
pleading. (Sec. 1, Rule 15, 1997 Rules of Civil Procedure)
Q: What are the grounds for a motion to dismiss?

(1) The court has no jurisdiction over the person of the defending party;
(2) The court has no jurisdiction over the subject matter of the claim;
(3) The venue is improperly laid;
(4) The plaintiff has no legal capacity to sue;
(5) There is another action pending between the same parties and for the same cause (lis pendentia)
(6) The cause of action is barred by a prior judgment (res judicata) or by the statute of limitations
(prescription);
(7) The pleading asserting the claim states no cause of action;
(8) The claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise
extinguished;
(9) The claim on which the action is founded is unenforceable under the provisions of the statute of frauds;
and
(10) A condition precedent for filing the action has not been complied with. (Sec. 1, Rule 16,1997 Rides of Civil
Procedure)
Q: What are the elements of res judicata - bar by prior judgment?

(1) The former judgment must be final;
(2) The court which rendered it has jurisdiction over the subject matter and the parties;
(3) The judgment must be on the merits; and
(4) There must be between the first and the second actions, identity of parties, subject matter and causes of
actions (Taganas v. Emuslan, 2003)
Q: Distinguish between bar by prior judgment and conclusiveness of judgment.

Bar by Prior Judgment Conclusiveness of Judgment
The judgment or final order is a bar to the prosecution The judgment or final order precludes the relitigation
of a subsequent action based on the same claim or of particular issues or facts on a different demand or
cause of action cause of action
Q: What are the requisites in order for an action to be dismissed on the ground of litis pendentia?
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Animo Notes
(1) The identity of parties or at least such as representing the same interest in both actions;
(2) The identity of rights asserted and relief prayed for, the relief being founded on the same facts; and
(3) The identity of the two cases such that judgment in one, regardless of which party is successful would
amount to res judicata in the other (Yap v. CA, 2012)
Q: What are the effects of non-compliance with the rule on certification against non- forum shopping?
(1) It is not curable by mere amendment and shall be a cause for the dismissal of the action.
(2) The dismissal for failure to comply shall not be done by the court motu proprio. The rule requires that
the dismissal be upon motion and hearing.
(3) If a case is dismissed for failure to comply with the certification requirement, the dismissal is, as a rule,
without prejudice, unless the order of dismissal otherwise provides (Sec. 5, Rule 7, Rules of Court)
Q: Which cases require barangay mediation?

A: All disputes, civil or criminal in nature, where parties actually residing in the same city or municipality for
amicable settlement of all disputes. (Sec. 408, RA 7160)
If residents of adjacent cities or municipalities, the parties thereto may agree to submit their differences to
amicable settlement by an appropriate lupon. (Sec. 408, RA 7160)
Q: What are the cases requiring barangay conciliation as a pre-condition in filing a case before the courts and
what are the exceptions?
A: The lupon of each barangay shall have authority to bring together the parties actually residing in the same
city or municipality for amicable settlement of all disputes except:
(1) Where one party is the government, or any subdivision or instrumentality thereof;
(2) Where one party is a public officer or employee, and the dispute relates to the performance of his official
functions;
(3) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos
(P5,000.00);
(4) Offenses where there is no private offended party;
(5) Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(6) Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(7) Such other classes of disputes which the President may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
(8) The court in which non-criminal cases not falling within the authority of the lupon under this Code are
filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable
settlement. (Sec. 408, Local Government Code)
(9) Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued, specifically the following: [a] Criminal cases where accused is under police custody or
detention (See Sec. 412 (b) (1), Revised Katarungang Pambarangay Law); [b] Petitions for habeas corpus by a
person illegally deprived of his rightful custody over another or a person illegally deprived of or on
acting in his behalf; [c] Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the action; and; [d]
Actions which may be barred by the Statute of Limitations.
(10) Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Secs. 46 & 47, R. A.
6657);
(11) Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al.,
19890
(12) Actions to annul judgment upon a compromise, which may be filed directly in court (See Sanchez vs.
Tupaz, 1988).
Q: Is the non-referral of a case for barangay conciliation waivable?
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Animo Notes
A: Yes, non-referral of a case for barangay conciliation may be waived if not raised seasonably in a motion to
dimiss. (Banares v. Balising, 2000)
Q: What are the remedies of the defendant when the motion to dismiss is denied?
A: If the motion is denied, the movant shall file his answer:
(1) Within the balance of the period prescribed under Rule 11 to which he was entitled at the time of serving
his motion; or
(2) Within 5 days, whichever is higher.
If the pleading is ordered to be amended, the movant shall file his answer within the period prescribed by Rule
11, counted from service of amended pleading, unless a longer period is prescribed by the court. (Sec. 4, Rule 16,
The denial may be assailed by certiorari, if there is a showing that the denial was tainted by with grave abuse of
discretion amounting to lack of jurisdiction. (Banez v. Concepcion, 2014)
Q: What are the remedies of plaintiff when the complaint is dismissed?

A:
(1) Dismissal is without prejudice – the plaintiff may re-file the complaint
(2) Dismissal is with prejudice – the plaintiff may file an appeal
Q: When should a motion to dismiss be filed?

A: It should be filed within the time for but before filing the answer to the complaint or pleading asserting a
claim (Sec. 1, Rule 16, 1997 Rules of Civil Procedure)
Exceptions: Even after an answer has been filed, the defendant can still file a motion to dismiss, with leave of
court, on the following grounds:
(1) Lack of jurisdiction over the subject matter of the claim;
(2) Litis pendentia;
(3) Res judicata; or
(4) Prescription of action.
Q: Distinguish between Motion to dismiss under Rule 16 from Demurrer to Evidence under Rule 33.
Motion to dismiss Demurrer to evidence
Made before the filing of the answer (as a general Made after the plaintiff rests his case, i.e., after the
rule) completion of the presentation of his evidence
There are several grounds for a motion to dismiss Only one ground: that upon the facts and the law, the
plaintiff has shown no right to relief
If denied, the defendant may file his responsive If denied, the defendant may present evidence
pleading
If granted, the complaint may be refiled, depending If granted, complaint may no longer be refiled and the
on the ground for dismissal remedy of the plaintiff is to appeal from the order of
dismissal
Q: When may the plaintiff dismiss the complaint?

A: A complaint may be dismissed by the plaintiff by filing a notice of dismissal any time before service of the
answer or of a motion for summary judgment. Upon filing, the court shall issue an order confirming the
dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates
as adjudication upon the merits when filed by a "plaintiff who has once dismissed in a competent court an action
based on or including the same claim." (Sec. 1, Rule 17, 1997 Rules of Civil Procedure)
Dismissal upon motion by the plaintiff after service of answer is a matter of discretion upon the court. (Sec. 2,
Rule 17, 1997 Rules of Civil Procedure)
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Animo Notes
Q: Explain the two-dismissal rule.
A: As a general rule, dismissals under Section 1 of Rule 17 are without prejudice except when it is the second
time that the plaintiff caused its dismissal. Accordingly, for a dismissal to operate as an adjudication upon the
merits, i.e., with prejudice to the re-filing of the same claim, the following requisites must be present:
(1) There was a previous case that was dismissed by a competent court;
(2) Both cases were based on or include the same claim;
(3) Both notices for dismissal were filed by the plaintiff; and
(4) When the motion to dismiss filed by the plaintiff was consented to by the defendant on the ground that
the latter paid and satisfied all the claims of the former.
The purpose of the “two-dismissal rule” is “to avoid vexatious litigation.” When a complaint is dismissed a
second time, the plaintiff is now barred from seeking relief on the same claim. (Ching v. Ching, 2014)
Q: When is there dismissal due to the fault of plaintiff?

(1) If he fails to appear during a scheduled trial especially on the date for the presentation of his evidence
in chief.
(2) If he fails to prosecute for an unreasonable length of time
(3) If he fails to comply with the rules or any order of the court
(4) If the plaintiff fails to appear when so required at the pre-trial. (Corpus v. Villanueva, 2009)
REMEMBER: A dismissal under Sec. 3, Rule 17 is a dismissal with prejudice unless the court provides otherwise.
Q: Define pre-trial.
A: It is a procedural device by which the court is called upon, after the filing of the last pleading, to compel the
parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal
statement and embody in a single document the issues of fact and law involved and such other matters as may
aid in the prompt disposition of the action.
Q: What is the nature of pre-trial?

A: The pre-trial is mandatory in civil cases. (DBP v. CA, 1982; Sec. 2, Rule 18, 1997 Rules of Civil Procedure)
Under the Supreme Court Guidelines on Pre-Trial and Discovery (A.M. No. 03-1-09-SC, effective 16 August 2004),
if the plaintiff fails to file the motion to set the case for pre-trial, the clerk of court shall issue a notice of pre-trial.
Q: What are the purposes of pre-trial?

A: A pre-trial is a procedural device held prior to the trial for the court to consider the:
(1) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
(2) The simplification of the issues;
(3) The necessity or desirability of amendments to the pleadings;
(4) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary
proof;
(5) The limitation of the number of witnesses;
(6) The advisability of a preliminary reference of issues to a commissioner;
(7) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the
action should a valid ground therefor be found to exist;
(8) The advisability or necessity of suspending the proceedings; and
(9) Such other matters as may aid in the prompt disposition of the action. (Sec. 2, Rule 18, 1997 Rules of Civil
Procedure)
Q: Is sending of a notice of pre-trial mandatory?

A: Yes. Sec. 6, 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. 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. Therefore, plaintiff’s
failure to file the pre-trial brief shall be cause for dismissal of the action
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Animo Notes
The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with
such notice is charged with the duty of notifying the party represented by him.
REMEMBER: Notice is so important that it would be grave abuse of discretions for the court to allow the plaintiff
to present his evidence ex parte for failure of the defendant to appear before the pre-trial who did not receive
notice.
Q: What is the effect of failure to appear during pre-trial?

A: It shall be the duty of both the parties and their counsels to appear at the pre-trial.
Plaintiff's non-appearance shall be cause for the dismissal of the action with prejudice, unless otherwise
provided, the same shall have the effect of adjudication on the merits, and thus, final. The remedy of the plaintiff
is to appeal from the order of dismissal.
Defendant's non-appearance shall be a cause to allow the plaintiff to present his evidence ex parte. (Secs. 4 and 5,
Rule 18, 1997 Rules of Civil Procedure).
REMEMBER: If it is the defendant who fails to appear at the pre-trial, the plaintiff is given the privilege to
present his evidence without objection from the defendant, the defendant having forfeited the opportunity to
rebut or present its own evidence. (Benavidez v. Salvador, 2013)
Q: Distinguish between pre-trial in a civil case from pre-trial in a criminal case.

Pre-Trial in Civil Cases Pre-Trial in Criminal Cases
Set when the plaintiff moves ex parte to set the case Ordered by the court and no motion is required from
for pre-trial either party
Made after the last pleading has been served and filed Ordered by the court after arraignment, and within
30 days from the date the court acquired jurisdiction
over the person of the accused
Possibility of an amicable settlement as an important Possibility of amicable settlement of criminal liability
objective not among its purposes
The sanctions for non- appearance are imposed upon Sanctions are imposed upon the counsel for the
the plaintiff and the defendant accused or the prosecutor
Pre-trial brief is specifically required to be submitted Pre-trial brief is not specifically required
Q: Define Alternative Dispute Resolution.

A: Any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding
judge of a court or an officer of a government agency in which a neutral third party participates to assist in the
resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or
any combination thereof. (Sec.3 [a], R.A. No. 9285)
Q: What is arbitration?
A: Arbitration refers to the voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by
rendering an award (Sec.3(d), RA 9285)
Q: When may the court refer a case for arbitration?

A: When the subject matter of an arbitration agreement is filed before the court, it may, if at least one party so
requests not later that the pre-trial conference, or upon the request of both parties thereafter, refer the parties to
arbitration unless it finds that the arbitration agreement is null and void, inoperative or incapable of being
performed. (Sec. 24, RA 9285)
Q: When is ADR not applicable?
Remedial Law 23
Animo Notes
(1) Labor disputes under the Labor Code;
(2) Civil status of persons;
(3) Validity of a marriage;
(4) Any ground for legal separation;
(5) Jurisdiction of courts;
(6) Future legitime;
(7) Criminal liability; and
(8) Those which by law cannot be compromised (Sec. 6, RA 9285)
Q: What are the requisites for intervention?

(1) Motion for Intervention must be filed before judgment. Leave of court is required before a person may
be allowed to intervene. (Section 2, Rule 19, 1997 Rules of Civil Procedure);
(2) Movant must show in his motion that:
a. He has legal interest in the matter in litigation; or
a. The success of either of the parties in the action, or against both parties; or
b. He is so adversely affected by the disposition of property in the custody of the court; and
c. Intervention does not unduly delay or prejudice the adjudication of the rights of the original
parties and that the intervenor's rights may not be fully protected in a separate proceeding. (Sec.
Q: What is the remedy for denial of motion to intervene?

A: The movant may file a motion for reconsideration since the denial of a motion for intervention is an
interlocutory order. He may also file a certiorari case, alleging grave abuse of discretion.
Q: Distinguish between a subpoena duces tecum and subpoena ad testificandum

Subpoena duces tecum Subpoena ad testificandum
Process directed to a person requiring him to
A process directed to a person requiring
attend and to testify at the hearing or for the
him to bring with him books, documents,
Definition taking of his deposition. (Sec. 1, Rule 21, 1997
or other things under his control (Sec. 1,
(1) If it is unreasonable and oppressive;
(2) The relevancy of the books,
documents or things does not appear;
(1) It is shown that the witness is not bound
(3) If the person in whose behalf the
thereby;
subpoena is issued fails to advance
(2) The witness fees and kilometrage
How to Quash the reasonable cost of the production
allowed by the Rules were not tendered
thereof;
when the subpoena was served. (Sec. 4,
(4) That the witnesses' fees and
kilometrage allowed by the Rules
were not tendered when the
subpoena was served.
Q: What are the different modes of discovery?

(1) Depositions Pending Action (Rule 23, ROC)
(2) Depositions Before Action or Pending Appeal (Rule 24, ROC)
(3) Interrogatories to Parties (Rule 25, ROC)
(4) Admission by Adverse Party (Rule 26, ROC)
(5) Production or Inspection of Documents or Things (Rule 27, ROC)
(6) Physical and Mental Examination of Persons (Rule 28, ROC)
Q: May the modes be availed after pre-trial stage?

A: Yes. The said motion under the modes of discovery can be granted even beyond the pre-trial stage. The rules
only require that it be made with leave of court. (Oben v. Asset Management, 2014)
Remedial Law 24
Animo Notes
Q: Define deposition.
A: Deposition is a written testimony of a witness given in the course of a judicial proceeding in advance of the
trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is
given for cross-examination. (Republic v. Sandiganbayan, 2001)
Q: When are depositions before action availed of?

A: It is availed of when a person desires to perpetuate his own testimony or that of another regarding any matter
that may be cognizable in any court of the Philippines. (Sec. 1, Rule 24, 1997 Rules of Civil Procedure)
Q: What is the scope of the examination?

A:
(1) Not privileged;
(2) Relevant to the subject of pending action; and
(3) Under the limitations the court may order under Sec. 16 and 18. (Sec. 3, Rule 23, 1997 Rules of Civil
Procedure)
Q: When may objections to admissibility be made?

A: The objection may be made at the trial or hearing, to receiving in evidence any deposition or part thereof for
any reason which would require the exclusion of the evidence if the witness were then present and testifying.
Q: What are the consequences of refusal to answer to interrogatories to adverse parties?

A: The court, on motion and notice, may
(1) Strike out all or any part of any pleading of that party, or
(2) Dismiss the action or proceeding or any part thereof, or
(3) Enter a judgment by default against that party, and in its discretion, order him to pay reasonable
expenses incurred by the other, including attorney's fees. (Sec. 5, Rule 29, 1997 Rules of Civil Procedure)
Q: What is the scope of the request for admissions?

A: The scope of the request for admissions are as follows:
(1) Admission of the genuineness of any material and relevant document described in and exhibited with
the request;
(2) Admission of the truth of any material and relevant matter of fact set forth in the request;
(3) A matter of fact not related to any documents may be presented to the other party for admission or
denial. (Rule 26, Sec. 1)
Q: What is the rule on implied admission by adverse party?

A:
(1) There is an implied admission of each of the matters of which an admission is requested
(2) If the party to whom the request is made does NOT file and serve a sworn statement either denying
specifically the matters of which an admission is requested or setting forth the reasons why he cannot
either admit or deny those matters
(3) Within fifteen (15) days after service thereof or with such further time as the court may allow on motion
Q: How may one avail of production or inspection of documents or things?

A: Upon motion of any party showing good cause therefor, the court in which an action is pending may order
any party to:
(1) Produce and permit the inspection and copying or photographing, by or on behalf of the moving party,
or of any designated documents, papers, books, accounts, letters, photographs, objects or tangible
things, not privileged, which constitute or contain evidence material to any matter involved in the action
and which are in his possession, custody or control; or
Remedial Law 25
Animo Notes
(2) Permit entry upon designated land or other property in his possession or control for the purpose of
inspecting, measuring, surveying, or photographing the property or any designated relevant object or
operation thereon. (Sec. 1, Rule 27, 1997 Rules of Civil Procedure)
Q: What are the limitations for production or inspection of documents or things?

(1) Should not be privileged;
(2) Should constitute or contain evidence material to any matter involved in the action and which are in his
(the party ordered) possession, custody, or control (Sec. 1, Rule 27, 1997 Rules of Civil Procedure);
(3) In the petition, the papers and documents to be produced must be sufficiently described.
REMEMBER: This mode of discovery does not authorize the distrain of the articles or deprive the person who
produced the same of their possession even temporarily. (Rule 27,1997 Rules of Civil Procedure)
Q: When may physical and mental examination of persons be made?

A: It may be ordered in an action in which the physical or mental condition of a party is in controversy (Sec. 1,
REMEMBER: If a party refuses to deliver the report upon request to the person causing the examination to be
made, the court may require its delivery on such terms as are just.
If the physician refuses or fails to make a report, the court may exclude his testimony. (Sec. 3, Rule 28, 1997 Rules
of Civil Procedure)
Q: When can there be postponement of trial?

A: Postponements are to the sound discretion of the court and in the absence of grave abuse, it cannot be
controlled by mandamus. It is not a matter of right. If the adverse party admits the facts to be given in evidence,
the trial will not be postponed even if he objects or reserves the right to object to their admissibility.
Q: What are the requisites of motion to postpone trial?

(1) For Absence of Evidence - Motion supported by an affidavit showing
a. The materiality and relevancy of such evidence; and
b. That due diligence has been used to procure it
(2) For illness of party or counsel - Motion supported by an affidavit or sworn certification showing
a. The presence of such party or counsel at the trial is indispensable; and
b. That the character of his illness is such as to render his non-attendance excusable
Q: What is the effect if the parties make an agreed statement of facts?

A: If the parties have agreed to submit the case for judgment based on the facts agreed upon, a trial need not be
conducted because evidence would no longer be presented. But, if the parties agree only on some facts in issue,
the trial shall be held as to the disputed facts. (Sec. 6, Rule 30, Revised Rules on Evidence)
Q: Distinguish between consolidation and severance.

Consolidation Severance
When actions involving a common question of law or When the court, in furtherance of convenience or to
fact are pending before the court, it may order a joint avoid prejudice, may order a separate trial of any
hearing or trial of any or all the matters in issue in the claim, cross-claim, counterclaim, or third-party
actions; it may order all the actions consolidated; and complaint, or of any separate issue or of any number
it may make such orders concerning proceedings of claims, cross-claims, counterclaims, third-party
therein as may tend to avoid unnecessary costs or complaints or issues. (Rule 31, Section 2, 1997 Rules of
delay. (Rule 31, Section 1, 1997 Rules of Civil Procedure) Civil Procedure)
Q: What is the rule in Trial by commissioners?

A: Generally, trial by commissioners depend largely upon the discretion of the court. However, the appointment
of a commissioner is mandatory in:
Remedial Law 26
Animo Notes
(1) Expropriation
(2) Partition
(3) Settlement of Estate of a Deceased Person in case of contested claims
(4) Submission of accounting by executors or administrators
Q: What are the effects of denial of a demurrer to evidence?

A: The effects are the following
(1) If the demurrer is denied, the defendant shall have the right to present his evidence (Sec. 1, Rule 33, Rules
of Court). This means that the denial of the demurrer to evidence does not deprive the defendant of the
opportunity to adduce evidence in his behalf.
(2) Where a Court denies a demurrer to evidence, it should set the date for the reception of the defendant’s
evidence in chief. It should not proceed to grant the relief demanded by the plaintiff (Northwest Airlines,
Inc vs. Court of Appeals, 1998)
(3) An order denying a demurrer to the evidence is interlocutory and is, therefore, not appealable. It can,
however, be the subject of a petition for certiorari in case of grave abuse of discretion or an oppressive
exercise of judicial authority (Katigbak vs. Sandiganbayan, 2003)
REMEMBER: The provisions of the Rules of Court governing demurrer to evidence does not apply to an election
case (Gementiza vs. COMELEC, 2001) (Sec. 4, Rule 1, Rule 143)
Q: What are the effects of granting a demurrer to evidence?

(1) If the demurrer is granted, the case shall be dismissed. However, if, on appeal the order granting the
motion is reversed, the defendant loses his right to present evidence (Sec. 1, Rule 33, 1997 Rules of Civil
Procedure)
(2) Upon appeal, the appellate court reversing the order granting the demurrer should not remand the case
to the trial court. Instead, it should render judgment based on the evidence submitted by the plaintiff.
(Radiowealth Finance Corporation v. Del Rosario, 2000)
Q: Distinguish between demurrer to evidence in civil cases from demurrer to evidence in criminal cases.
Civil Case Criminal Case
Leave of court is not required With or without leave of court
If the demurrer is granted, the order of dismissal is Dismissal is not appealable because of the
appealable constitutional policy against double jeopardy
If the demurrer is denied, the defendant may proceed Accused may adduce his evidence only if the
to present his evidence. demurrer is filed with leave of court.
REMEMBER: In criminal cases, unlike in civil cases, it is strongly suggested that when you file a demurrer to
evidence it should always be with leave of court so that if it is denied, you can still present your evidence.
Q: What is judgment on the pleadings?

A: Where an answer fails to tender an issue or admits material allegations in the adverse party's pleading, the
court may, on motion of that party, direct judgment on such pleading. (Sec. 1, Rule 34, 1997 Rules of Civil Procedure)
Q: What is summary judgment?

A: It is a procedural technique to promptly dispose of cases where the facts appear undisputed and certrain from
the pleadings, depositions, admissions and affidavits on record, for weeding out sham claims or defenses at an
early stage of the litigation. (Monterey foods v. Eserjose, 2006)
Q: Distinguish between Judgment on the Pleadings and Summary Judgments.

Judgment on the Pleadings Summary Judgments
There is an issue tendered in the answer, but it is not
genuine or real issue as may be shown by affidavits
The answer does not tender an issue.
and depositions that there is no real issue and that the
party is entitled to judgment as a matter of right.
Remedial Law 27
Animo Notes
The movant must give a three (3) day notice of
The opposing party is given ten (10) days notice.
hearing.
The entire case may be termianted. It may only be partial.
Motion is instituted only by a claiming party. Either the defendant or petitioner may file the same.
Q: What are the grounds for motion for reconsideration?

(1) That the damages awarded are excessive;
(2) that the evidence is insufficient to justify the decision or final order; and
(3) that the decision or final order is contrary to law. (Sec. 1, Rule 37, 1997 Rules of Civil Procedure)
Q: What are the grounds for a motion for new trial?

(1) Fraud (extrinsic), accident, mistake (of fact) or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably been impaired in his
rights; or
(2) Newly discovered evidence (Berry Rule), which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if presented would probably alter the result. (Sec. 1,
Q: What are the requisites of newly discovered evidence?

(1) The evidence was discovered after trial;
(2) Such evidence could not have been discovered and produced at the trial with reasonable diligence; and
(3) Such evidence is material, not merely cumulative, corroborative or impeaching, and is of such weight
that if admitted would probably change the judgement. (CIR v. A. Soriano Corporation, 1997)
Q: What are the modes of appeal?

Rule Mode of Appeal What May be Raised Period
Ordinary appeal Questions of fact or mixed (a) Notice on appeal — 15-day
MTC → RTC questions of fact and law period
(b) Record on appeal — 30-day
40
period
(Sec. 2, Rule 40, 1997 Rules of
Civil Procedure)
Ordinary Appeal Questions of fact or of law or (a) Notice on appeal — 15-day
RTC (in the exercise of its mixed question of fact and law period
original jurisdiction) → that has been raised in the court (b) Record on appeal — 30-day
41
CA below and is within the issues period
framed by the parties. (Sec. 3, Rule 41, 1997 Rules of
Civil Procedure)
Petition for review Questions of fact, of law, or 15-day period (Sec. 1, Rule 42,
42 RTC (in its appellate mixed questions of fact and law 1997 Rules of Civil Procedure)
jurisdiction) → CA
Petition for review Questions of fact, of law, or 15-day period (Sec. 4, Rule 43,
43 Quasi-judicial bodies → mixed questions of fact and law 1997 Rules of Civil Procedure)
CA
Appeal by certiorari Questions of Law: 15-day period (Sec. 2, Rule 45,
• RTC → SC (Sec. 2c, 1997 Rules of Civil Procedure)
Rule 41)
• CA → SC (Sec. 1, Rule
45 45)
• Sandiganbayan → SC
(Sec. 1, Rule 45)
• CTA en banc → SC
(Sec. 11, RA 9282; Sec.
Remedial Law 28
Animo Notes
1, Rule 45 as amended by
AM No. 07-7-12-SC)
Questions of Fact and Law:

• Appeals from a
judgment or final
order in a petition for a
writ of amparo to the
SC (AM No. 07-9-12-
SC)
• Appeals from a
judgment or final
order in a petition for a
writ of habeas data
(AM No. 08-1-16-SC)
• Appeals from
judgment or final
order in a petition for
writ of kalikasan (AM
No. 09-6-8-SC)
Q: What is the function of a notice of appeal?

A: The function of the notice of appeal is merely to notify the trial court that the appellant is availing of the right
to appeal, and not to seek the court's permission that he be allowed to pose an appeal and does not require the
approval of the court. (Crisologo v. Daray, 2006)
Q: What is the Neypes Rule or Fresh Period Rule?

A: Under this rule, a party litigant may file his notice of appeal within 15 days from receipt of the order denying
his motion for new trial or reconsideration. (Neypes v. CA, 2005)
Q: What are the issues allowed to be raised for the first time on appeal?
A: Issues allowed to be raised for the first time on appeal
(1) Lack of jurisdiction;
(2) Where the lower court committed plain error; and
(3) Where there are jurisprudential developments affecting the issues, or when the issues raised present a
matter of public policy.
Q: What is the rule on review of final judgments of final orders of the Ombudsman?
A: In administrative disciplinary actions, the appeal should be brought to the CA under Rule 43.
But in cases in which it is alleged that the Ombudsman has acted with grave abuse of discretion amounting to
lack or excess of jurisdiction, a special civil action of certiorari under Rule 65 may be filed with the SC to set aside
the Ombudsman’s order or resolution.
In criminal or non-administrative case, the ruling of the Ombudsman shall be elevated to the SC by way of Rule
65.
The SC‘s power to review over resolutions and orders of the Office of the Ombudsman is restricted on to
determining whether grave abuse of discretion has been committed by it.
Note: The Court is not authorized to correct every error or mistake of the Office of the Ombudsman other than
grave abuse of discretion. (Villanueva v. Ople, 2005)
Q: When may an appeal be withdrawn?
Remedial Law 29
Animo Notes
A: An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the
withdrawal may be allowed in the discretion of the court. (Sec. 3, Rule 50, 1997 Rules of Civil Procedure)
Q: What are the dual functions of appellate courts?

A: An appellate court serves a dual function. The first is the review for correctness function, whereby the case
is reviewed on appeal to assure that substantial justice has been done. The second is the institutional function,
which refers to the progressive development of the law for general application in the judicial system. 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, the authoritative interpretation of
statutes, and the formulation of policy within the proper sphere of the judicial function. (Re: Letter Complaint Of
Merlita B. Fabiana Against Presiding Justice Andres B. Reyes, Jr., Associate Justices Isaias P. Dicdican And Stephen C.
Cruz, 2013)
Q: What is the Harmless Error Rule?

A: No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order 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, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears
to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any
error or defect which does not affect the substantial rights of the parties. (Sec 5, Rule 61)
Q: What are the grounds for availing of a petition for relief from judgment?
(1) When a judgment or final order is entered, or any other proceeding is thereafter taken against a party
in any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such
court and in the same case praying that the judgment, order or proceeding be set aside. (Sec. 1, Rule 38,
(2) When the petitioner has been prevented from taking an appeal by fraud, mistake, or excusable
negligence. (Sec. 2, Rule 38, 1997 Rules of Civil Procedure)
Q: May a Petition for Relief be availed of in the Court of Appeals or in the Supreme Court?
A: No. Rule 38 uses the phrase "any court," it refers only to Municipal/Metropolitan and Regional Trial Courts.
There is no provision in the Rules of Court making the petition for relief applicable in the CA or this Court.
(Purcon v. Court of Appeals, 2008)
Q: What are the grounds for availing a Petition for Annulment of Judgment?
A: A petition for annulment of judgment is a remedy in equity only if the judgment, final order or final resolution
sought to be annulled was rendered by a court lacking jurisdiction or through extrinsic fraud. (Dare Adventure
Farm Corporation v. Spouses Ng, , 2012). Jurisprudence recognizes lack of due process as additional ground to
annul a judgment. (Marcelina Diona v. Balangue, 2013)
REMEMBER: The remedy of annulment of judgment may be availed of when the ordinary remedies of new
trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the
petitioner. (Sec. 1, Rule 47,1997 Rules of Civil Procedure)
In case of extrinsic fraud, the action must be filed within four (4) years from its discovery. (Sec. 3, Rule 47). In case
of lack of jurisdiction, the action must be brought before the action is barred by laches or estoppel. (Sec. 3, Rule
47)
Q: When is Annulment of Judgment not available?

A: Annulment of judgment does not apply to judgments rendered by quasi-judicial bodies. It does not also apply
to decisions or orders of the Ombudsman in administrative cases whose decisions or orders may be appealed to
the Court of Appeals under Rule 43. (Macalalag v. Ombudsman, 2004)
Q: What are the effects of granting a Petition for Annulment of Judgment?

Ground Effect
Remedial Law 30
Animo Notes
The court, upon motion, may order the trial court to try the case as if a motion for
new trial was granted. (Sec. 7, Rule 47)
Extrinsic Fraud
As a general rule, the prescriptive period is deemed suspended. However, The
prescriptive period shall not be suspended where the extrinsic fraud is attributable to
the plaintiff in the original action. (Sec. 8, Rule 47)
It shall have the effect of setting aside the questioned judgment or final order
rendering the same null and void but the judgment of annulment is without
prejudice to the refiling of the original action in the proper court. (Sec. 7, Rule 47)
Lack of Jurisdiction
The prescriptive action shall be deemed suspended from the filing of such original
action until the finality of the judgment of annulment. (Sec. 8, Rule 47)
Q: Distinguish between finality of judgment for purposes of appeal and finality of judgment for purposes of
execution.
Finality of judgment for purposes of appeal Finality of judgment for purposes of execution.
Finality for purposes of appeal refers to the Finality for purposes of execution refers to the
distinction between “final judgments or orders” and judgment being “final and executory” upon the lapse
“interlocutory orders,” which cannot be appealed. of the appeal period if no appeal is taken, upon which
(Rule 41, Sec. 1(b)) execution shall issue as a matter of right. (Rule 39, Sec.
1)
REMEMBER: A judgment becomes “final and executory” by operation of law. Finality becomes a fact upon the
lapse of the reglementary period to appeal if no appeal is perfected.
Q: What is the effect of a judgment or final order?

A: In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the
title to the thing.
In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a
right as between the parties and their successors in interest by a subsequent title.
Q: When should execution be made by independent action?

A: Failure to move for execution within five (5) years but before ten (10) years from the date of entry of judgment,
the same can only be revived by means of new action or petition. (Sec. 6, Rule 39, 1997 Rules of Civil Procedure)
Q: What is the rule on the issuance of a writ of execution?

A: Execution is a matter of right upon the expiration of the period to appeal and no appeal was perfected from a
judgment or order that disposes of the action or proceeding (Sec. 1, Rule 39, Rules of Court). Once a judgment
becomes final and executory, the prevailing party can have it executed as a matter of right, and the issuance of a
writ of execution becomes the ministerial duty of the court (Buaya v. Stronghold Insurance Co., Inc., 2000).
Q: How is execution of judgments for money made?

A: In executing a judgment for money, the sheriff shall follow the following steps:
(a) Demand from the judgment obligor the immediate payment of the full amount stated in the judgment
including the lawful fees in cash, certified check payable to the judgment obligee or any other form of
payment acceptable to him (Sec. 9[a], Rule 39, Rules of Court).
(b) If the judgment obligor cannot pay all or part of the obligation in cash, certified check or other mode of
payment, the officer shall levy upon the properties of the judgment obligor. The judgment obligor shall
have the option to choose which property or part thereof may be levied upon. If the judgment obligor
does not exercise the option, the officer shall first levy on the personal properties, if any, and then on
the real properties if the personal properties are insufficient to answer for the personal judgment but the
sheriff shall sell only so much of the property that is sufficient to satisfy the judgment and lawful fees
(Sec. 9[b], Rule 39, Rules of Court).
Remedial Law 31
Animo Notes
(c) The officer may levy on the debts due the judgment debtor including bank deposits, financial interests,
royalties, commissions and other personal property not capable of manual delivery in the possession or
control of third parties. The process of effecting this form of levy is called garnishment.
Q: How is execution of special judgments made?

A: When a judgment requires the performance of any act other than those mentioned in the two preceding
sections, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the
officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law,
to obey the same, and such party or person may be punished for contempt if he disobeys such judgment. (Sec.
Q: What is the effect of levy on third persons?

A: The levy on execution shall create a lien in favor of the judgment obligee over the right, title and interest of
the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing.
Q: When may the court direct the examination of a judgment obligor?

A: When the return of a writ of execution against the property of a judgment obligor shows that the judgment
remains unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ,
that a person, corporation, or other judicial entity, has property of such judgment obligor or is indebted to him,
the court may direct his examination concerning the same. (Sec, 37, Rule 39, 1997 Rules of Civil Procedure)
Q: What are the modes of enforcing judgments?

A: The two modes are the following:
(1) Execution by a motion if the enforcement of the judgment is sought within 5 years from the date of entry
(2) Execution by independent action if the 5-year period has elapsed and before it is barred by statute of
limitations. (Sec. 6, Rule 39, 1997 Rules of Civil Procedure)
Q: What are the effects of foreign judgments or final orders?

(1) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon
the title to the thing.
(2) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence
of a right as between the parties and their successors in interest by a subsequent title.
(3) In either case, the judgment or final order may be repelled by
a. Evidence of a want of jurisdiction;
b. Want of notice to the party; and
c. Collusion, fraud, or clear mistake of law or fact. (Section 48, Rule 39, 1997 Rules of Civil Procedure)
A foreign judgment on the mere strength of its promulgation is not yet conclusive. A foreign judgment may be
barred from recognition if it runs counter to public policy. (Republic v. Gingoyon, 2006)
Q: What is the rule on jurisdiction over provisional remedies?

A: The court which grants or issues a provisional remedy is the court which has jurisdiction over the main action.
Even a municipal trial court may grant a provisional remedy in action pending with it and within its jurisdiction.
But where the main action is for support, provisional remedy of support pendente lite may not be granted by a
municipal trial court because the main action is within the jurisdiction of the family court.
Q: What are the grounds for issuance of preliminary attachment?

A: At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party
may have the property of the adverse party attached as security for the satisfaction of any judgment that may be
recovered in the following cases:
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Animo Notes
(1) In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi - delict against
a party who is about to depart from the Philippines with intent to defraud his creditors;
(2) In an action for money or property embezzled or fraudulently misapplied or converted to his own use
by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the
course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation
of duty;
(3) In an action to recover the possession of property unjustly or fraudulently taken, detained or converted,
when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being
found or taken by the applicant or an authorized person;
(4) In an 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, or in the performance thereof;
(5) In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
(6) In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication. (Sec. 1, Rule 57)
Q: What is the manner of attaching real and personal property?

A: Levy shall not be made unless preceded or contemporaneously accompanied by:
(1) Service of summons, except in instances when contemporaneous service is not required;
(2) Copy of the complaint
(3) Application for attachment
(4) Affidavit and bond of the applicant; and
(5) Order and writ of attachment.
Q: How is discharge of attachment made?

A: After a writ of attachment has been enforced, the party whose property has been attached, or the person
appearing on his behalf, may move for the discharge of the attachment wholly or in part on the secudrity given:
(1) Movant makes a cash deposit, or files a counter-bond executed to the attaching party with the clerk of
the court where the application is made, in an amount equal to that fixed by the court in the order of
attachment, exclusive of costs. (Sec. 12, Rule 57)
(2) Movant may file for an order on the ground that the same was improperly or irregularly issued or
enforced, or that the bond is insufficient. (Sec. 13, Rule 57)
Q: When is a preliminary injunction allowed?

A: A preliminary injunctive writ under Rule 58 issues only upon a showing of the applicant's "clear legal right"
being violated or under threat of violation by the defendant. "Clear legal right," within the meaning of Rule 58,
contemplates a right "clearly founded in or granted by law." (Executive Secretary, et al. v. Forerunner Multi
Resources, Inc., 2013)
Q: Can the Court of Appeals issue a provisional writ of injunction against a preventive suspension order
issued by the Office of the Ombudsman?
A: Yes. The concept of Ombudsman independence cannot be invoked as basis to insulate the Ombudsman from
judicial power constitutionally vested unto the courts. Courts are apolitical bodies, which are ordained to act as
impartial tribunals and apply even justice to all. Hence, the Ombudsman’s notion that it can be exempt from an
incident of judicial power – that is, a provisional writ of injunction against a preventive suspension order - clearly
strays from the concept's rationale of insulating the office from political harassment or pressure. (Carpio- Morales
vs. CA and Binay, 2015)
Q: Distinguish between an injunction as the main action from a preliminary injunction.

Injunction as a Main Action Preliminary Injunction
Ancillary remedy, which cannot exist except only as part, or an incident
Independent action of an independent action or proceeding.
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Animo Notes
It can be granted at any stage of an action or proceeding prior to the
judgment or final order. It persists until it is dissolved or until the
termination of the action without the court issuing a final injunction.
Seeks a judgment embodying a
Seeks to preserve the status quo until the merits can be heard.
final injunction
Assailed by appeal Assailed by petition for certiorari
Q: What are the grounds for issuance of preliminary injunction?

(1) The applicant is entitled to the relief demanded, and the whole or part of such relief consists in
restraining the commission or continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually; or
(2) The commission, continuance or non-performance of the act or acts complained of during the litigation
would probably work injustice to the applicant; or
(3) A party, court, agency or a person is doing, threatening or is attempting to do, or is procuring or
suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment ineffectual. (Sec 3, Rule 58)
Q: What is the rule on prior contemporaneous service of summons?

A: When an application for a writ of preliminary injunction or TRO is made in a complaint or other initiatory
pleading, the case, if filed in a multi-sala court, shall be raffled only after notice to and in the presence of the
adverse party. In any event, such notice shall be preceded or contemporaneously accompanied by a service of
summons, together with a copy of the complaint or initiatory pleading and the applicant’s affidavit and bond,
upon the adverse party in the Philippines.
However, it is not available where the summons could not be served personally or by substituted service despite
diligent efforts or where the adverse party is a resident of the Philippines temporarily absent therefrom or is a
non-resident thereof. (Sec. 4(c), Rule 58)
Q: What is quantum of evidence required in a preliminary injunction?

A: Mere prima facie evidence is needed to establish the applicant’s rights or interests in the subject matter of the
main action because the applicant is required to show only that he has an ostensible right to the final relief prayed
for in his complaint. (Republic v. Evangelista, 2005)
Q: What is a Temporary Restraining Order?

A: It is an interlocutory order issued as a restraint to the defendant to preserve the status quo on the ground of
irreparable injury and is granted to a party until the hearing of the injunction for preliminary injunction.
Q: What are the requisites of a 72-hour ex parte temporary restraining order (TRO) issued by the executive
judge?
A:
(1) The applicant has a right to refief, a right in esse or a right to be protected and the act against which the
injunction is directed is violative of such right;
(2) The matter is of extreme urgency such that the applicant will suffer grave injustice and irreparable injury
if the TRO is not issued;
(3) The Executive judge shall immediately summon the parties for conference and immediately raffle the
case in their presence;
(4) Before the expiration of the 72-hour period the Presiding judge to whom the case is assigned shall
conduct a summary hearing to determine whether the TRO can be extended up to 20 days, including
the original 72 hours (par. 3, Administrative Circular No. 20-95)
Q: What is receivership?
A: It is a provisional remedy wherein the court appoints a reprsentative to preserve, administer, dispose of and
prevent the loss or dissipation of the real or personal property during the pendencey of an action It may be the
principal action itself ofr a mere provisional remedy.
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Animo Notes
Q: What is replevin?
A: It is an action whereby the owner or person entitled to repossesion of goods or chattels may recover those
goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such goods or
chattels. (Black’s 6th edition)
Q: What are the requisites in applying for replevin?

A:
(1) The application for the writ must be filed at the commencement of the action or at anytime before the
defendant answers (Sec. 1, rule 60, 1997 Rules of Civil Procedure);
(2) The application must contain an affidavit where the applicant particularly describes the property that
he is the owner of the property of that he is entitled to the possesion therof;
(3) The applicant must give a bond, executed to the adverse party and double the value of the property (Sec.
SPECIAL CIVIL ACTIONS

Q: Distinguish between ordinary civil actions and special civil actions.
Ordinary Civil Actions Special Civil Actions
Generally governed by rules for ordinary civil
Governed by rules for ordinary civil actions
actions but subject to special rules
Not necessarily such as in certain special civil
Must be based on a cause of action meaning an act or actions:
omission has violated the rights of another 1. Declaratory relief – no actual violation of rights
2. Interpleader – no interest in the subject matter
May be filed initially in either the MTC or RTC There are some special civil actions which cannot be
depending upon the jurisdiction amount or the commenced in the MTC, i.e. petitions for certiorari,
nature of the action. prohibition and mandamus
Some special civil actions are filed as complaints, but
Ordinary civil actions are filed as complaints.
others are filed as petitions
Q: What are the Jurisdictions of Special Civil Actions

Special Civil
Jurisdiction
Action
MTC – value of claim or personal property does not exceed P300K outside Metro Manila
or
MeTC – does not exceed P400K in Metro Manila;
Interpleader MTC - if real property: does not exceed P20K and the case is filed outside Metro Manila
MeTC – does not exceed P50K in Metro Manila
RTC – if the value exceeds the amounts above or if exclusively within RTC’s jurisdiction
i.e. incapable of pecuniary estimation
Remedial Law 35
Animo Notes
Declaratory
Relief and other GR: RTC, because it is incapable of pecuniary estimation.
similar remedies
(a) Reformatio XPN: If the petition has far-reaching implications and it raises questions that should be
n of an resolved, it may be treated as one for prohibition or for mandamus, which the SC and CA
Instrument may take cognizance
(b) Consolidati
on of NOTE: Where the action is one for quieting of title the jurisdiction will depend upon the
Ownership assessed value of the property.
(c) Quieting of
Title
Review of
adjudication of
See Rule 65
the COMELEC
and COA;
Supreme Court - Original Jurisdiction
Note: Follow Doctrine of Hierarchy of Courts ,except for meritorious cases, SC can
entertain the petition.
Certiorari, Court of Appeals - whether or not in the aid of its appellate jurisdiction, and unless
Prohibition and otherwise provided, in its exclusive jurisdiction when it involves the acts or omission of
Mandamus quasi-judicial bodies.
Sandiganbayan - if it is in aid of appellate jurisdiction.
Regional Trial Court - exercising jurisdiction over the area
RTC, CA, SC
QUO WARRANTO UNDER RULE 66: Sandiganbayan has exclusive original jurisdiction
on quo warranto arising or that may arise in cases filed under EO No. 1,2,14,14-A but this
Quo Warranto
must be in aid of its appellate jurisdiction and not exclusive of the SC
QUO WARRANTO UNDR THE OMNIBUS ELECTION CODE: Comelec, RTC OR MTC
as the case may be
Expropriation RTC – incapable of pecuniary estimation
RTC – incapable of pecuniary estimation
MTC OR RTC- an action to forclose a rem may also be considered an action involving
Foreclosure of
interest in real property. Under B.P. 129, as amended, where the action is one “involving
Real Estate
title to, or possession of, real property or any interest therein, jurisdiction depends on the
Mortgage
assessed value (MTC: not more than 20k or in Metro Manila not more that 50K; mortgage
debt not more than 300k or in Metro Manila not more than 400k, othwerwise the action
shall be filed in RTC (Riano/ Feria and Noche 2007)
RTC – incapable of pecuniary estimation
However, an action for partition of real property also involves “interest in real property.”
Partition All civil actions involving title to, or possession of, real property or any interest therein,
the jurisdction depend on the assessed value. (Sec 19(2) of BP 129 as amended)
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Animo Notes
MTC – personal property not more than 300K and in Metro Manila not more than 400K;
real property not more than 20K and in metro manila not more than 50K. beyond these,
RTC. (Feria cited by Riano)
Forcible Entry
and Unlawful MTC, MCTC, METC or MTCC (1st level courts)
Detainer
Contempt MTC, RTC, CA or SC
Q: What are the requisites for interpleader?

A: The requisites are:
(1) The plaintiff claims no interest in the subject matter or his claim thereto is not disputed;
(2) There must be at least two or more conflicting claimants;
(3) The parties to be interpleaded must make effective claims; and
(4) The subject matter must be one and the same. (Sec. 1, Rule 62)
Q: When must an interpleader be filed?

A: As a general rule, it must be filed within a reasonable time after a dispute has arisen without waiting to be
sued by either of the contending parties. Otherwise, it may be barred by laches. (Wack Wack Golf v. Lee Won,
1976) Except where the stakeholder acts with reasonable diligence in view of environmental circumstances, the
remedy is not barred.
NOTE: An action for interpleader is proper when the lessee does not know the person to whom to pay rentals
due to conflicting claims on the property. (Ocampo v. Tirona, 455 SCRA 757 [2005])
Q: Who may file the action for Declaratory Reliefs?

A: It is brought by a person interested under a deed, will, contract or other written instrument, or whose rights
are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation, before
breach or violation thereof, asking the court to determine any question of construction or validity arising, and
for a declaration of his rights or duties thereunder. (Sec. 1, Rule 63)
Q: What are the requisites of an action for declaratory relief?

A: They are as follows:
(1) The subject matter of the controversy must be a deed, will, contract or other written instrument, statute,
executive order or regulation, or ordinance;
(2) The terms of said documents and the validity thereof are doubtful and require judicial construction;
(3) There must have been no breach of the documents in question;
(4) There must be an actual justiciable controversy or the ripening seeds of one between persons whose
interests are adverse;
(5) The issue must be ripe for judicial determination; and
(6) Adequate relief is not available through other means or other forms of action or proceeding. (Jumamil v.
Café, 2005)
Q: When may the court refuse to make judicial declaration?

A: Except in actions falling under the second paragraph of section 1 of this Rule, the court, motu proprio or upon
motion, may refuse to exercise the power to declare rights and to construe instruments in any case where a
decision would not terminate the uncertainty or controversy which gave rise to the action, or in any case where
the declaration or construction is not necessary and proper under the circumstances. (Sec. 5, Rule 63)
Q: When is a petition for Declaratory Relief converted into an ordinary action? 

A: If before the final termination of the case, a breach or violation of an instrument or a statute, executive order
or regulation, ordinance, or any other governmental regulation should take place, the action may thereupon be
converted into an ordinary action, and the parties shall be allowed to file such pleadings as may be necessary or
proper. (Section 6. Rule 63.)
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Animo Notes
Q: What are the proceedings considered as similar remedies?
A:
(1) Reformation of an instrument
a. There must have been a meeting of the minds of the parties to the contract;
b. The instrument does not express the true intention of the parties;
c. The failure of the instrument to express the true intention of the parties is due to mistake, fraud,
inequitable conduct or accident (Emilio v. Rapal, 2010)
(2) Consolidation of ownership
(3) Quieting of title to real property
a. The plaintiff or complainant has a legal or an equitable title or interest in the real property
subject of the action; and
b. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be
shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal
efficacy (Eland Philippines, Inc v. Garcia, 201)
Q: What is the application of Rule 65 under Rule 64?

A: A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may
be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as hereinafter
provided. (Sec. 2, Rule 65, Rules of Civil Procedure)
Q: What is a writ of certiorari?

A: It is a writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi-judicial
functions whereby the case is elevated for review and correction in matters of law. (Sec. 1, Rule 65, Rules of Civil
Procedure)
Q: Distinguish Certiorari, Prohibition and Mandamus.

Certiorari Prohibition Mandamus
May be directed against judicial May be directed against entities May be directed against judicial
and quasi-judicial entities exercising judicial or quasi- and non-judicial entities
judicial, or ministerial functions
Alleging that the entity acted - Alleging that the entity acted - Alleging that the entity -
(a) Without jurisdiction; (a) Without jurisdiction; (1) Neglected a ministerial
(b) In excess of jurisdiction; (b) In excess of jurisdiction; duty; or
or or (2) Excluded another from a
(c) With grave abuse of discretion (c) With grave abuse of discretion right or office
amounting to lack or excess of amount to lack or excess of
jurisdiction jurisdiction
To annul or modify the judgment, To compel the performance of a To prevent an encroachment,
order, resolution, or proceedings ministerial and legal duty; excess, usurpation or assumption
of the public respondent of jurisdiction;
Q: When is a petition for certiorari proper?

A: The petition lies only when there is no appeal, or plain, speedy and adequate remedy in the ordinary course
of law. As a rule, a petition for certiorari under Rule 65 is valid only when the question involved is an error of
jurisdiction, or when there is grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
the court or tribunal exercising quasi-judicial functions. (Maglalang v. Philippine Amusement and Gaming
Corporation (PAGCOR), 2013)
Q: When is a Motion for Reconsideration not required before the filing of petition?
A:
(1) Where the order is a patent nullity, as where the court a quo has no jurisdiction;
(2) Where the questions raised in the certiorari proceedings have been duly raised and passed upon by the
lower court, or are the same as those raised and passed upon in the lower court;
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Animo Notes
(3) 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 petition is
perishable;
(4) Where, under the circumstances, a motion for reconsideration would be useless;
(5) Where petitioner was deprived of due process and there is extreme urgency for relief;
(6) Where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the
trial court is improbable;
(7) Where the proceedings in the lower court are a nullity for lack of due process;
(8) Where the proceeding was ex parte or in which the petitioner had no opportunity to object; and,
(9) Where the issue raised is one purely of law or public interest is involved. (Sim v. National Labor Relations
Commission, G.R. No. 157376, October 2, 2007)
Q: What is a writ of prohibition?

A: It is an order to prevent inferior court, or other tribunals, corporations, boards, officers, or persons, from
usurping or exercising a jurisdiction not vested by law, or prevent unlawful and oppressive exercise of legal
authority. (Sec. 2, Rule 65)
Q: What are the requisites for a valid prohibition?

A:
(1) There must be a controversy;
(2) Respondent is exercising judicial, quasi-judicial functions or ministerial functions;
(3) Respondents acted without or in excess of its jurisdiction or with grave abuse of discretion amounting
to lack of jurisdiction; and
(4) There must be no appeal or other plain, speedy and adequate remedy. (Sec. 2, Rule 65)
Q: What is a writ of mandamus?

A: It is a writ issued in the name of the State, to an inferior tribunal, corporation, board, officer or person,
commanding the performance of an act which the law enjoins as a duty resulting from an office, trust, or station.
Q: What are the requisites of a valid mandamus?

A: They are as follows:
(1) There must be a clear legal right or duty;
(2) The act to be performed must be within the powers of the respondent to perform;
(3) The respondent must be exercising a ministerial duty;
(4) The duty or act to be performed must be existing (a correlative right will be denied in not performed by
the respondent); and
(5) There must be no appeal or other plain, speedy and adequate remedy in the ordinary course of law.
Q: When is Mandamus applicable to a discretionary duty?

A:
(1) There has been gross abuse of discretion;
(2) Manifest injustice; or
(3) Palpable excess of authority. (Kant Wong v. PCGC, C.R. No. 79484, December 7, 1987)
Q: What are the reliefs petitioner entitled to?

A:
(1) Certiorari - nullify, set aside or modify the proceedings of a judicial or quasi-judicial body
(2) Prohibition - desist from further proceedings tribunal, board, officer, corporation, person who has
judicial, quasi-judicial, or ministerial duty
(3) Mandamus - command to do the act required with damages tribunal, board, officer, corporation, person
who has a Ministerial function or who excludes another from the use and enjoyment of a right or office
to which the other is entitled
Q: What is a Quo Warranto?
Remedial Law 39
Animo Notes
A: Remedy or proceeding by which the state determines the legality of a claim which a party asserts to the use
or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded, or
if the right to enjoy the privilege has been forfeited or lost. (Sec. 1, Rule 66, 1997 Rules of Civil Procedure)
Q: To whom a Quo Warranto may be filed against?

A:
(1) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position, or
franchise;
(2) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the
forfeiture of his office or,
(3) An association which acts as a corporation within the Philippines without being legally incorporated or
without lawful authority so to act. (Sec. 1, Rule 66,1997 Rules of Civil Procedure)
Q: Who has the authority to file a Quo Warranto?

A: An action for quo warranto may be brought by the Solicitor General or a public prosecutor, when directed by
the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any
case falling under Section 1 of Rule 66 can be established. (Sec. 2, Rule 66, 1997 Rules of Civil Procedure)
Q: Distinguish between mandamus and quo warranto.

Mandamus Quo warranto
Brought against the person who is responsible for Brought against the holder of the office, who is the
unlawfully excluding the petitioner from office. The person claiming the office as against the petitioner,
respondent here does not have to usurp, intrude into not the one who excludes the petitioner
or hold office (See Cornejo v. Gabriel, 41 Phil, 188, 189)
Q: Distinguish between Quo Warranto under Rule 66 and Quo Warranto in the Omnibus Election Code.
Quo Warranto (Rule 66) Quo Warranto (Election Code)
Subject of the petition is in relation to an appointive Subject of the petition is in relation to an elective
office; office;
The issue is the legality of the occupancy of the office Grounds relied upon are: (a) ineligibility to the
by virtue of a legal appointment; position; or (b) disloyalty to the Republic.
May be instituted with the COMELEC by any voter
Petition is brought either to the Supreme Court, the contesting the election of any member of Congress,
Court of Appeals or the Regional Trial Court; regional, provincial or city officer; or to the MeTC,
MTC or MCTC if against any barangay official;
Filed within one (1) year from the time the cause of
Filed within ten (10) days after the proclamation of
ouster, or the right of the petitioner to hold the office
the results of the election;
or position arose;
Petitioner may be any voter even if he is not entitled
Petitioner is the person entitled to the office;
to the office;
When the tribunal declares the candidate-elect as
ineligible, he will be unseated but the person
The court has to declare who the person entitled to occupying the second place will not be declared as the
the office is if he is the petitioner. one duly elected because the law shall consider only
the person who, having duly filed his certificate of
candidacy, received a plurality of votes.
Q: What is an Expropriation?
A: Definition An exercise of the State's power of eminent domain wherein the government takes a private
property for public purpose upon payment of just compensation. (Sec. 1, Rule 67, 1997 Rules of Civil Procedure)
Q: When is Expropriation proper?

A: Expropriation is proper only when:
(1) The owner refuses to sell;
Remedial Law 40
Animo Notes
(2) If the latter agrees, and agreement as to the price cannot be reached.
Q: What are the two stages in an action for expropriation?

A:
(1) Determination by the court of the authority of the plaintiff to exercise is and the propriety of the grant;
(2) Determination of the just compensation by the three (3) commissioners as compulsorily designated by
the court. (NPC v. Jocson, 1992)
Q: When can plaintiff immediately enter into possession of the real property in relation to RA 8974?
A: RA No. 8974 requires that the Government make a direct payment to the property owner before the writ of
possession may issue. Moreover, such payment is based on the zonal valuation of the BIR in the case of land, the
value of the improvements or structures under the replacement cost method, or if no such valuation is available
and in cases of utmost urgency, the proffered value of the property to be seized. It is the plain intent of RA No.
8974 to supersede the system of deposit under Rule 67 with the scheme of "immediate payment" in cases
involving national government infrastructure projects. (Republic vs. Gingoyon, 2005)
Q: What is the new system of immediate payment of initial just compensation?

A: The only requirement for immediate possession is notice to the owner of the property and deposit of the
amount equivalent to the assessed value of the property. (National Power Corporation v. Jocson, 1992) The issuance
of the writ of possession becomes a ministerial duty of the court if the preliminary deposit has already been made
by the expropriator. (Biglang-Awa v. Bacalla, 2000)
Q: What is a Foreclosure of Real Estate Mortgage?

A: It is the remedy used for the satisfaction of any monetary obligation, which a person owes to another, by
proceeding against the property used to secure said obligation.
Q: What are the requisites of a Foreclosure of Real Estate Mortgage?

A:
(1) A finding of the amount due the plaintiff including interest, cost and other charges approved by the
court;
(2) Order to defendant to pay said amount within a period of not less than ninety (90) days nor more than
120 days from entry of judgment; and
(3) If the defendant defaults, the court should order the sale at public auction of the mortgaged property.
(Sec. 2 Rule 68)
Q: What is Deficiency Judgment?

A: If upon the sale of any real property there be a balance due to the plaintiff after applying the proceeds of the
sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the
record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if
the balance is all due at the time of the rendition of the judgment; otherwise, the plaintiff shall be entitled to
execution at such time as the balance remaining becomes due under the terms of the original contract, which
time shall be stated in the judgment. (Sec 6, Rule 68)
Q: Distinguish between extra judicial foreclosure and judicial foreclosure.

Extra-judicial Foreclosure (Act 3135) Judicial foreclosure (Rule 68)
No complaint is filed; Complaint is filed with the courts;
No right of redemption except when mortgagee is a
There is a right of redemption. Mortgagor has a right
banking institution; equity of redemption only (90 to
of redemption for 1 year from registration of the
120 days, and any time before confirmation of
sale;
foreclosure sale);
Mortgagee has to file a separate action to recover Mortagagee can move for deficiency judgment in the
any deficiency; same action
Remedial Law 41
Animo Notes
Buyer at public auction becomes absolute owner
Buyer at public auction becomes absolute owner
only after finality of an action for consolidation of
only after confirmation of the sale;
ownership;
Mortgagee is given a special power of attorney in the
Mortgagee need not be given a special power of
mortgage contract to foreclose the mortgaged
attorney.
property in case of default.
Q: Distinguish between Equity of Redemption and the Right of Redemption.

Equity of redemption Right of redemption
No right of redemption in a judicial foreclosure of
mortgage. Exists only in extrajudicial foreclosures
May be exercised even after the foreclosure sale
where there is always a right of redemption within
provided it is made before the sale is confirmed by
one year from the date of sale, but interpreted by the
order of the court.
Court to mean one year from the registration of the
sale.
May also exist in favor or other encumbrances. If
subsequent lien holders are not impleaded as parties
in the foreclosure suit, the judgment in favor of the
foreclosing mortgagee does not bind the other lien
General rule: In judicial foreclosures there is only an
holders. In this case, their equity of redemption
equity of redemption.
remains unforeclosed. A separate foreclosure
proceeding has to be brought against them to require
them to redeem from the first mortgagee or from the
party acquiring the title to the mortgaged property.
Exception: there is a right of redemption if the
If not by banks, the mortgagors merely have an equity
foreclosure is in favor of banks as mortgagees,
of redemption, which is simply their right, as
whether the foreclosure be judicial or extrajudicial.
mortgagor, to extinguish the mortgage and retain
The redemption period is one year counted from the
ownership of the property by paying the secured debt
date of registration of the certificate in the Registry of
prior to the confirmation of the foreclosure sale.
Property.
Q: What is a Partition?
A: It is a process of dividing and assigning property owned in common among the various co-owners thereof in
proportion to their respective interests in said property.
Q: Who may file a complaint for Partition?

A: The action shall be brought by the person who has a right to compel the partition of real estate (Sec. 1, Rule
69) or of an estate composed of personal property, or both real and personal property (Sec. 1:3, Rule 69). The
plaintiff is a person who is supposed to be a co-owner of the property or estate sought to be partitioned. The
defendants are all the co-owners.
Q: Who should be made defendants in an action for partition?

A: All the co-owners must be made defendants. All the co-owners are indispensable parties.
Q: What is the jurisdiction over a complaint for partition?

A: The action is cognizable by the RTC since it is considered incapable of pecuniary estimation.
However, since the action affects interest in real property, jurisdiction shall be determined by inquiring into the
assessed value of the property [Sec. 19 (2), B.P. 129, as amended by RA 7691]. Hence an action for partition may be
filed in the MTC, if the assessed value is not more than Php20,000 or Php50,000 for civil actions in Metro Manila.
(Heirs of Valerian Concha, Sr. v. Lumocso, G. R. No. 158121, December 12, 2007)
Q: What are the stages in partition?
Remedial Law 42
Animo Notes
A: The first phase of a partition is taken up with the determination of whether or not a co-ownership in fact
exists, and a partition is proper (not prohibited by law) and may be made by voluntary agreement. This phase is
terminated with a declaration that plaintiff is not entitled to have a partition either because a co-ownership does
not exist, or it is legally prohibited, or that there is co-ownership and partition is proper and accounting is in
order, in which case, the co-owners may agree and make partition among themselves and the court will confirm
the partition agreed upon. In either case, either the action is dismissed or partition and/or accounting is decreed.
These orders are final, and therefore appealable. (Bagayas v. Bagayas, 2013).
Q: Define an action for forcible entry.

A: It is an action to recover possession founded upon illegal possession from the beginning when one is deprived
of physical possession of real property by means of force, intimidation, threat, strategy, or stealth. It is
commenced by a verified complaint. (Sec. 1, Rule 70)
Q: What are the requisites for an action for forcible entry?

A:
(1) A person is deprived of possession of any land or building;
(2) By force, intimidation, threat, strategy, or stealth (FISTS); and
(3) Action brought within 1 year from unlawful deprivation.
Q: What is unlawful detainer?

A: It is where one illegally withholds possession after the expiration or termination of his right to hold possession
under any contract, express or implied. It is commenced by a verified complaint. (Sec. 1, Rule 70)
Q: What are the requisites in an action for unlawful detainer?

A:
(1) Possession of any land or building is unlawfully withheld from a lessor, vendor, vendee, or other person
after the expiration or termination of the right to hold possession by virtue of any contract express or
implied;
(2) Action is brought within 1 year after such unlawful deprivation or withholding of possession; and
(3) Demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee. (Sec.
1, Rule 70)
Q: When must the action for forcible entry or unlawful detainer be filed?
A: The action must be filed within 1 year after withholding or unlawful deprivation. (Sec. 1, Rile, 70) The one-
year period shall be counted from the date of discovery and prohibition in forcible entry. (Elan v. CA, 1989) The
one-year period shall be counted from the last demand in unlawful detainer. (Sps. Penas v. CA, 1994)
Q: Is demand necessary for an unlawful detainer case?

A: Yes, demand is necessary where the case for unlawful detainer is based on failure to pay the rent due or to
comply with the conditions of lease. Previous demand to vacate is not necessary when the action is based on the
expiration of the term. The one-year period is reckoned from the date of last demand. (Arquelada v. Philippine
Veterans Bank, 2000)
Q: Is demand to vacate necessary in a forcible entry case?

A: No. Demand to vacate is not necessary in forcible entry because the occupancy is illegal from the very
beginning. (p.441 Riano, 2012)
Q: Distinguish between accion publiciana and accion reinvindicatoria.

Accion Publiciana Accion Reinvindicatoria
A plenary ordinary civil action for the recovery of the
better right of possession (juridical possession), must An action for the recovery of the exercise of
be filed after the expiration of one year from the ownership, particularly recovery of possession as an
accrual of the cause of action or from the unlawful attribute or incident of ownership;
withholding of possession of the realty.
Remedial Law 43
Animo Notes
The basis of the recovery of possession is the
plaintiff’s real right of possession or jus possessionis, The basis for the recovery of possession is ownership
which is the right to the possession of the real itself.
property independent of ownership.
Q: How to stay the immediate execution of judgment?

A: To stay the immediate execution of the judgment in an ejectment case, the defendant must perfect an appeal,
file a supersedeas bond, and periodically deposit the rentals becoming due during the pendency of the appeal.
Otherwise, the writ of execution will issue upon motion of the plaintiff. (Acbang vs. Luczon, 2014)
Q: What is the rule summary procedure in ejectment cases?

A: All ejectment cases are covered by the summary procedure regardless of whether they involve questions of
ownership.
The adjudication of the case is done on the basis of affidavits and position papers. The court is no longer allowed
to hold hearings to receive testimonial evidence.
Should the court find it necessary to clarify certain issues, it may require the parties instead to submit affidavits
or other evidence. The proceeding is required to be summary so as to promote the speedy disposition of
ejectment cases.
Q: What is Contempt?
A: A disregard of, or disobedience to the rules or orders of a judicial body, or an interruption of its proceedings
by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to
impair the respect due to such body. (Lorenzo Shipping Corp. v. Distribution Management, C.R No. 155849, August
31, 2011)
Q: What is the remedy if a person is cited for contempt?

A: If a person is cited in contempt of Court he may not appeal, but he may avail himself of the remedies of
certiorari or prohibition. (Sec. 2; see also Austria v. Masaquel, 20 SCRA 124; Royeca v. Animals, 71 SCRA 1)
Q: What are the acts that constitutes as indirect contempt?
(1) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
(2) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act
of a person who, after being dispossessed or ejected from any real property by the judgment or process
of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such
real property, for the purpose of executing acts of ownership or possession, or in any
(3) manner disturbs the possession given to the person adjudged to be entitled thereto;
(4) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting
direct contempt under Section 1 of Rule 71;
(5) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the.
administration of justice;
(6) Assuming to be an attorney or an officer of a court, and acting as such without authority;
(7) Failure to obey a subpoena duly served;
(8) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order
or process of a court held by him. (Sec. 3, Rule 71); and
(9) Forum shopping punishable as contempt: It is so because it is deplorable practice, it resulting in the
unnecessary clogging of the already heavily burdened dockets of the courts. (Ruiz v. Drilon, 209 SCRA
695 [1992])
Q: Distinguish between direct and indirect contempt.

Direct contempt Indirect contempt
Remedial Law 44
Animo Notes
May not appeal therefrom. Remedy is to file a A person adjudged in indirect contempt may appeal
petition for certiorari or prohibition against the court from the judgment or final order of the court in the
which adjudged him in direct contempt (Sec.2, Rule same manner as in criminal cases.
71, Rules of Court)
Pending the resolution of the petition for certiorari The appeal will not however, have the effect of
or prohibition, the execution of the judgment for suspending the judgment if the person adjudged in
direct contempt shall be suspended. The suspension contempt does not file a bond in an amount fixed by
however, shall take place only if the person the court from which the appeal was taken. This
adjudged in contempt files bond fixed by the court bond is conditioned upon his performance of the
which rendered the judgment. This bond is judgment or final order if the appeal is decided
conditioned upon his performance of the judgment against him (Sec 11, Rue 71, Rules of Court)
should the petition be decided against him (Sec 2,
Rule 71, Rules of Court; Canada v. Suerte).
Q: What is contempt against quasi-judicial bodies?

A: The rules on contempt apply to contempt committed against persons or entities exercising quasi-judicial
functions or in case there rules for contempt adopted for such bodies or entities pursuant to law, Rule 71 shall
apply suppletorily. Quasi-judicial bodies that have the power to cite persons for indirect contempt can only do
so by initiating them in the proper RTC. It is not within their jurisdiction and competence to decide the indirect
contempt cases. The RTC of the place where contempt has been committed shall have jurisdiction over the
charges for indirect contempt that may be filed. (Sec. 12, Rule 71; LBP v. Listana, 2003)
Q: Distinguish between civil and criminal contempt 

Civil Contempt Criminal Contempt
Consists in conduct that is directed against
Consists in the failure to do something the authority and dignity of a court or of a
ordered to be done by a court or judge in judge acting judicially, as in unlawfully
Nature
a civil case for the benefit of the assailing or discrediting the authority and
opposing party therein. dignity of the court or judge, or in doing a
duly forbidden act.
By aggrieved party, or his successor, or
Who institutes
someone who has a pecuniary interest in The state is the real prosecutor.
the action
the right.
SPECIAL PROCEEDINGS
Q: What is Special Proceeding?

A: It is a remedy by which a party seeks to establish a status, right, or a particular fact. (Rule 1, Section 3(c))
Q: Distinguish Special Proceeding from Ordinary Civil Action?

A:
Ordinary Civil Action Special Proceeding
Remedial Law 45
Animo Notes
1. An affirmative relief for injury arising from a 1. No cause of action needed. What is necessary
party’s wrongful act or omission is prayed for. is the establishment of a status, right, or a
Thus, cause of action is necessary. particular fact.
2. Initiated by filing a Complaint. The Defendant 2. Initiated by filing a Petition. The Defendant
files an Answer. files an Opposition.
3. Parties involved are adversaries. 3. Parties are not adversaries, except when in
the course of the proceedings, there are
oppositors.
4. Nature is in personam: Jurisdiction is acquired 4. Nature is in rem:

through service of summons or voluntary Jurisdiction is acquired through publication
appearance [binding against the whole world]
5. Summons required for acquisition of 5. Summons required for due process purposes
jurisdiction. only.
Q: May a remedy in Special Proceedings be granted upon mere application or motion?

A: Yes. Formal pleadings and a hearing may be dispensed with, and the remedy is granted upon mere application
or motion. However, a special proceeding is not always summary. (Republic v. Olaybar, G.R. No. 189538, February
10, 2014)
Q: Which court has jurisdiction in Settlement of Estate proceedings?

A: Under (Rule 73, Section 1)
Deceased was an inhabitant of the Philippines at Regional Trial Court (RTC) in the province
the time of his death in which he resided at the time of his death
Regional Trial Court (RTC) of any province
Deceased was an inhabitant of a foreign country
in which he had an estate
Q: What is the venue for Judicial Settlement of Estate?

A: In proceedings of settlement of estate of deceased persons, the court in which the action is pending may
properly pass upon with consent of all the heirs the issue of ownership of estate asset, contested by an heir if no
3rd person is affected. (Bar 2011)
Q: What are the exceptions to the limited jurisdiction of a probate court?

A:
(1) In a provisional manner to determine whether said property should be included in the inventory,
without prejudice to final determination of title in a separate action. (Cuizon v. Ramolete, 129 SCRA
495)
(2) With consent of all the parties. without prejudice to the rights of third persons (Trinidad v. CA, G.R. No.
75579 (1991))
(3) If the question is one of collation or advancement (Coca v. Borromeo, 81 SCRA 278)
(4) When the estate consists of only one property (Portugal v. Portugal-Beltran, 467 SCRA 184)
Q: What is Summary Settlement of Estate?

A: Summary Settlement of Estates of Small Value refers to a summary proceeding for the settlement of the
deceased person’s estate, without need of an appointment of an administrator or executor, whether the deceased
died testate or intestate. It applies only if the gross value of the estate does not exceed P10,000.
Q: What is the nature of Probate Proceedings?

A:
(1) In rem: With notice by publication to the whole world and with personal notice to each of the known
heirs, legatees, and devisees of the testator. (Guevara v. Guevara, G.R. No. L-48840, December 29, 1943)
Remedial Law 46
Animo Notes
(2) Mandatory: A person having custody of a will after the death of the testator who neglects without
reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may
be committed to prison and there kept until he delivers the will. (Rule 75, Section 1)
(3) Imbued with public policy: Imprescriptible and doctrine of estoppel does not apply. (Fernandez v.
Dimagiba, L-23638, October 18, 1967)
Q: Is probate proceeding limited only to the determination of extrinsic validity?

A: As a general rule, Yes. However, the limitation is subject to the exception, when there are notable
circumstances wherein the intrinsic validity was first determined as when the defect of the will is apparent on
its face and the probate of the will may become a useless ceremony if it is intrinsically invalid, such as:
(1) When the intrinsic validity of a will may be passed upon because practical considerations
demanded it as when there is preterition of heirs or the testamentary provisions are of doubtful
legality;
(2) Where the parties agree that the intrinsic validity be first determined. (Reyes v. CA, G.R. No. 124099,
October 30, 1997);
(3) The court may hear and pass upon questions of ownership when its purpose is to determine
whether or not a property should be included in the inventory. (Pacioles v. Chuatoco-Ching, G.R. No.
127920, August 9, 2005)
NOTES:
(1) The determination of ownership of a property during probate is provisional, not conclusive, and is subject
to the final decision in a separate action to resolve title. (Id.)
(2) Whether the properties belong to the conjugal partnership or not, the probate court has to liquidate the
conjugal partnership in order to determine the estate of the decedent that shall be distributed to the heirs
who are all parties to the proceeding. (Romero v. Court of Appeals, G.R. No. 188921, April 18, 2012)
Q: May a codicil discovered after probate proceeding has become final and executory still be subject to
probate proceeding?
A: Yes. The fact that a will has been probated and the order allowing the same has become final and executory
is not a bar to the presentation and probate of a codicil, although its existence was known at the time of the
probate of the will.
Corollary: The failure of the oppositor to the probate of a codicil to file opposition to the probate of the will,
having knowledge of such proceedings, does not constitute an abandonment of a right, nor does it deprive her
of the right to oppose the probate of said codicil. (Estate of Macam v, Gatmaitan, G.R. No. 40445, August 17, 1934)
Q: What are the jurisdictional facts that must be alleged in a Petition for Probate?
A:
(1) That a person died leaving a will;
(2) In case of a resident, that he resided within the territorial jurisdiction of the court; and
(3) In the case of non-resident, that he left an estate within such territorial jurisdiction.
Q: Who are entitled to notice in a Petition for Probate?

A: Under (Rule 76, Section 4)
Who files petition for Executor, devisee, or legatee named in a will or

Testator himself
Probate any other person interested in the estate
Remedial Law 47
Animo Notes
1. Designated or known heirs, legatees, and
Who are entitled to the devisees Compulsory Heirs
Notice Requirement 2. Executor named in the will, and co-executor, if only.
any
Q: What are the grounds for disallowance of the will?

A:
(1) If not executed and attested as required by law;
(2) If the testator was insane, or otherwise mentally incapable to make a will at the time of its execution;
(3) If it was executed under duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of
some other person for his benefit;
(5) If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument
should be his will at the time of fixing his signature thereto. (Rule 76, Section 10)
Q: What are the requisites for allowance of a will proved abroad?

A:
(1) Duly authenticated Copy of the will
(2) Duly authenticated Order or decree of the allowance in foreign country;
Q: What pieces of evidence are required for reprobate of a will?

A: At the re-probate proceedings, the proponent must prove the following:
(1) that the testator was domiciled in the foreign country;
(2) that the will has been admitted to probate in such country;
(3) that the foreign court was, under the laws of said foreign country, a probate court with jurisdiction over
the proceedings;
(4) the law on probate procedure in said foreign country and proof of compliance therewith;
(5) the legal requirements in said foreign country for the valid execution of the will. (Fleumer v. Hix, 54 Phil.
610)
Q: To whom can letters of administration be granted?

A: As a general rule, it may be issued to any person who is competent. He must be capable of making a will or
is not especially disqualified. A person or association authorized to conduct the business of a trust company in
the Philippines may be appointed in the same manner as an individual.
(1) Of age
(2) Resident of the Philippines
(3) The court deems him fit (i.e. not a drunkard)
Exceptions: Those who are incompetent under law:
(1) Minor
(2) Non-resident of the Philippines
(3) Those who, in the opinion of the court are unfit to exercise the duties of the trust by reason of:
a) Drunkenness
b) Improvidence
c) Want of understanding
d) Want of integrity
e) Conviction of an offense involving moral turpitude.
Q: When can Letter of Testamentary/Administration be granted?

A: Letter of Testamentary/Administration may be granted when:
(1) Letters testamentary: It is an authority issued to an executor named in the will to administer the estate.
It is issued once the will has been proved and allowed, and if the executor named is competent, accepts
the trust, and gives bond.
(2) Letters of administration: It is an authority issued by the court to a competent person to administer the
estate of the deceased if:
Remedial Law 48
Animo Notes
a) No executor is named in the will
b) If executor is appointed, such person named is incompetent, refuses the trust, or fails to give
bond
c) Person dies intestate
Q: What is the order of preference to whom letters of testamentary/administration be granted?

A: The order of preference in the grant of administration are as follows:
(1) Surviving spouse or next of kin, or both, in the discretion of the court, or to such person as such
surviving spouse or next of kin, requests to have appointed, if competent and willing to serve
(2) The principal creditors, if competent and willing to serve, if the surviving spouse or next of kin, or the
person selected by them be incompetent or unwilling or if the surviving spouse or next of kin neglects
for 30 days after the death of the person to apply for administration or to request that administration be
granted to some other person
(3) Such other person as the court may select if there is no such creditor competent and willing to serve.
Q: Is this order of preference absolute?

A: No, the order of preference is not absolute for it depends on the attending facts and circumstances of each
case. In the appointment of an administrator, the principal consideration is the interest in the estate of the one to
be appointed. (In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay v. Isabel Cojuangco-Suntay, G.R. No.
183053, October 10, 2012)
Q: Who may oppose the issuance of letters testamentary?

A: Any interested person may file a written opposition. i.e.:
(1) One who would be benefited by the estate, such as an heir; or
(2) One who has a claim against the estate, such as a creditor, and whose interest is material and direct, not
merely incidental or contingent. (Maloles II v, Phillips, G.R. No. 129505, January 31, 2000)
Q: Can an opposing party file a petition for letters of administration simultaneously?

A: Yes, a petition for letters of administration may be filed, at the same time with the opposition, to himself, or
to any competent person or persons named.
Q: What are the grounds for opposition to petition for administration?

A:
(1) Incompetency of the person(s) named in the will as executor(s); and
(2) Contestant’s right to the administration. (Rule 79, Section 4)
Q: What are the general powers of an executor and administrator?

A:
(1) Have access to, and examine and take copies of books and papers relating to the partnership in case of
a deceased partner;
(2) Examine and make invoices of the property belonging to the partnership in case of a deceased partner;
(Rule 84, Section 1)
(3) Right to possession and management of the real as well as the personal estate of the deceased so long as
it is necessary for the payment of the debts and expenses for administration. (Rule 84, Section 3)
Q: What are the duties of executors and administrators?

A:
(1) Render an account of his administration within 1 year from the time of receiving letters testamentary or
of administration (Rule 85, Section 8) or at any such time that the court directs; (Rule 82, Section 1)
(2) Settle the estate according to law; (Rule 82, Section 2)
(3) Return to the court a true inventory and appraisal of all real and personal estate of the deceased which
has come into his possession or knowledge within 3 months after his appointment; (Rule 83, Section 1)
(4) Maintain in tenantable repair the houses and other structures and fences belonging to the estate; (Rule
84, Section 2)
Remedial Law 49
Animo Notes
(5) Cause a publication of money claims against the estate as notice to the creditors. (Rule 86, Section 3)
Q: What are the restrictions on these powers?

A:
(1) He cannot acquire by purchase, even at public or judicial action, either in person or mediation of another,
the property under administration;
(2) He cannot borrow money without authority from the court;
(3) He cannot speculate with funds under administration, nor place them where they may not be
withdrawn at once by order of the court [even if it means depositing the funds in a current account with
a lower interest rate];
(4) He cannot lease the property under administration for more than 1 year;
(5) He cannot continue the business of the deceased unless authorized by the court. (If he does so, he is
chargeable for all the losses without allowing to receive the benefits of any profit he might make);
(6) He cannot profit by the increase or decrease in the value of the property under administration;
(7) He cannot exercise the right of legal redemption over a portion of the property owned in common sold
by one of the other co-owners. (Herrera, Vol. III-A, pp. 116-117, 2005 ed.)
Q: What are the grounds for the removal of an administrator?

A: If an administrator or executor:
(1) Neglects to render his account, settle the estate according to law, or perform an order or judgment of
the court, or a duty expressly provided by the Rules;
(2) Absconds;
(3) Becomes insane; or
(4) Becomes incapable or insuitable to discharge the trust. (Rule 82, Section 2)
Q: Are these ground for removal of an administrator exclusive?

A: No, the court is invested with ample discretion in the removal of an administrator for as long as there is
evidence of an act or omission on the part of the administrator not conformable to or in disregard of the rules or
the orders of the court which it deems sufficient or substantial to warrant the removal of the administrator.
Q: Which court has jurisdiction over Intestate Proceedings?

A: The Regional Trial Court (RTC) has jurisdiction over intestate proceedings. However, in intestate proceedings,
the RTC cannot adjudicate title to properties claimed to be part of the estate. (Aranas v. Mercado, G.R. No. 156407,
January 15, 2014)
Q: What is the procedure for claims of Executor or Administrator against the Estate?
A: The procedure for claims of executor or administrator against the estate are the following:
(1) The executor or administrator shall give notice in writing to the court;
(2) The court shall appoint a special administrator who shall have the same powers and liabilities
as the general executor or administrator in the adjustment of such claim; and
(3) The court may order the executor or administrator to pay the special administrator necessary
funds to defend such claim. (Rule 86, Section 8)
Q: What actions may be commenced directly against the Executor or Administrator?

A:
(1) Recovery of real or personal property from the estate or any interest therein;
(2) Enforcement of lien; and
(3) Recovery of damages for any injury to person or property. (Rule 87, Section 1)
Q: Who is a Special Administrator?

A: A Special Administrator is an officer of the court who is subject to its supervision and control, expected to
work for the best interest of the entire estate, with a view to its smooth administration and speedy settlement.
When appointed, he or she is not regarded as an agent or representative of the parties suggesting the
appointment. (Ocampo v. Ocampo, G.R. No. 187879, July 5, 2010)
Remedial Law 50
Animo Notes
Q: Distinguish a regular administrator from a special administrator.
Regular Administrator Special Administrator
Appointed when: Appointed when:
a) Decedent died intestate a) there is delay in granting letters testamentary or of

b) Did not appoint any executor in his will administration
c) Will subsequently disallowed b) executor is a claimant of the estate
d) There is no will (intestacy) c) by any cause, including an appeal from allowance
or disallowance of a will
Obliged to pay debts of the estate Not obliged to pay debts of estate
Appointment may be subject of appeal Regarded as an interlocutory order and not subject to
appeal
Q: When should claims against the estate be filed?

A: Claims must be filed within the time specified by court which shall not be less than 6 months nor more than
12 months from first publication of the notice. (Rule 86, Section 2)
Q: Are there exceptions to period of claiming against the estate?

A: At any time before an order of distribution is entered, on application of a creditor who failed to file his claim
within the time previously limited, the court may allow such claim to be filed within a time not exceeding 1
month. (Rule 86, Section 2)
Q: What is the Statute of Non-claims?

A: Failure to make a money claim within the time fixed by the courts will bar any recovery. (Rule 86, Section 5)
Exceptions:
(1) When set forth as counterclaims in any action that the executor or administrator may bring against
the claimants; and
(2) If the decedent is a creditor and the executor or administrator commences an action or continues
the action, the debtor may set forth in his answer, the claims he has against the decedent, instead of
presenting them independently. (Id.)
Q: What is the scope of Statute of Non-claims?

A: The exclusive scope of the statute of non-claims are the following:
(1) All claims for money against the decedent, arising from contract, express or implied, whether the
same be due, not due, or contingent;
(2) Funeral expenses of deceased;
(3) Expenses for the last sickness of the deceased;
(4) Judgment for money against the decedent. (Id.)
Q: How can a party claim against the estate?

PROCEDURE
First: Deliver the claim with the necessary vouchers to the clerk of court.
Remedial Law 51
Animo Notes
If executor or administrator
demands original: Original must
be exhibited.
If founded on a bond, bill, note, or
other instrument: Original need UNLESS: lost or destroyed. Claim
Second: Serving a copy of claim on
not be filed but copy with all must then be accompanied by an
the executor or administrator.
indorsements must be attached to affidavit containing a copy or
the claim filed. particular description of the
instrument and stating its loss or
destruction.
If claim is due: accompanied by affidavit stating the amount justly due, that no payments have been made
which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
If claim is not due, or is contingent: accompanied by affidavits stating the particulars thereof.
Q: What are the actions that may be brought against the executors and administrators?
A: The following are the actions that may be commenced directly against the executor or administrator:
(1) Recovery of real or personal property or any interest therein from the estate
(2) Enforcement of a lien thereon
(3) Action to recover damages for any injury to person or property, real or personal.
NOTE: These instances are deemed actions that survive the death of the decedent.
Q: What are the requisites before creditor may bring an action for recovery of property fraudulently conveyed
by the deceased?
A: A creditor may commence and prosecute to final judgment, in the name of the executor or administrator, an
action for the recovery of property fraudulently conveyed or attempted to conveyed by the deceased, when the
following circumstances concur:
(1) That the deceased in his lifetime had conveyed real property or a right or interest therein, or a debt or
credit, with intent to defraud his creditors or to avoid any right, debt or duty;
(2) That the deceased had so conveyed such property, right, interest debt or credit, that by law the
conveyance would be void against his creditors;
(3) That the subject of the attempted conveyance would be liable to attachment by any of the creditors in
his lifetime;
(4) That there is a deficiency of assets in the hands of an executor or administrator for the payment of the
debts and expenses for administration; and
(5) That the executor or administrator has failed to commence the action for recovery of the subject of the
conveyance or attempted conveyance.
(6) That leave is granted by the court to the creditor to file the action
(7) That a bond is filed by the creditor as prescribed in this provision; and
(8) That the action by the creditor is in the name of the executor or administrator.
NOTE: The last three requisites are unnecessary where the grantee is the executor or administrator himself, in
which case the action should be in the name of all the creditors.
Q: What is the Order of Preference for payment of debts of the estate?

A: Payment of debts of the estate must be taken, in the following order, from:
(1) Portion or property designated in the will. The debts of the testator, expenses from administration,
or family expenses, shall be paid according to the provisions of the will. If such are insufficient, the
properties not disposed of by will shall be appropriated for that purpose;
(2) Personal property; and
(3) Real property. (Rule 88, Sections 2 and 3)
Q: Are there circumstances when the order is not followed?

A: Yes. On application by executor or administrator, with written notice to persons interested, and after hearing,
Remedial Law 52
Animo Notes
real properties can be charged first even though the personal properties are not exhausted when:
(1) Personal property is not sufficient to pay the debts, expenses of administration, and legacies; (Id.)
(2) Sale of such personal property would be detrimental to the participants of the estate; (Id.)
(3) Sale of personal property may injure the business or other interests; (Rule 89, Section 2)
(4) Testator has not made sufficient provision for payment of such debts, expenses, or legacies; (Id.)
(5) Decedent under contract, binding in law, to deed real property to beneficiary; (Rule 89, Section 8)
(6) Decedent during his lifetime held real property in trust for another person. (Rule 89, Section 9)
Q: What is the concept of liquidation?

A: It is a determination of all assets of the estate and payment of all debts and expenses. (Bernardo v. CA, 117 Phil.
385 (1963))
NOTE: The disposition by sale of a portion of the conjugal property by the surviving spouse without prior
liquidation mandated by Article 130 of the Family Code is not necessarily void if said portion has not yet been
allocated by judicial or extrajudicial partition to another heir of the deceased spouse. (Heirs of Go v. Servacio, G.R.
No. 157537, September 7, 2011)
Q: Is the executor or administrator required to conduct project partition?

A: The executor/administrator has no duty to prepare and present the same under the Rules. The court may,
however, require him to present such project to better inform itself of the condition of the estate. (3 Moran 541,
1980 Ed.)
Q: What is the remedy of an heir entitled to residue but who has yet to receive his share?
A: The better practice for the heir who has not received his share is to:
(1) Demand his share through a proper motion in the same probate or administrative proceedings, or
(2) Motion for reopening of the probate or administrative proceedings if it had already been closed, and not
through an independent action. (Guilas v. Judge of the CFI of Pampanga, G.R. No. L-26695, January 31, 1972)
Q: What are the conditions of the bond?

A: The following conditions shall be deemed to be a part of the bond whether written or not:
(1) INVENTORY: Make and return to the court, at such time as it may order, a true inventory of all the real
and personal estate belonging to him as trustee, which at the time of the making of such inventory shall
have come to his possession or knowledge;
(2) FAITHFUL MANAGEMENT AND DISCHARGE OF TRUST: Manage and dispose of all such estate,
and faithfully discharge his trust in relation thereto, according to law and the will of the testator or the
provisions of the instrument or order under which he is appointed;
(3) RENDER ACCOUNTING: Upon oath at least once a year until his trust is fulfilled, a true account of
the property in his hands and the management and disposition thereof (unless he is excused therefrom
in any year by the court);
(4) SETTLEMENT OF ACCOUNT AND DELIVERY FO THE ESTATE: At the expiration of his trust he
will settle his account in court and pay over and deliver all the estate remaining in his hands, or due
from him on such settlement, to the person or persons entitled to thereto.
Q: What are the grounds for removal and resignation of a trustee?

A: The following are grounds for removal and resignation of a trustee:
(1) Insanity;
(2) Incapability if discharging the trust or unsuitability therefor;
(3) Resignation; but propriety is to be determined by the court; (Rule 98, Section 8)
(4) Death of trustee;
(5) When the termination appears essential to the interest of the person beneficially interested.
Q: What is the nature of Escheat Proceedings?
Remedial Law 53
Animo Notes
A: Escheat proceedings are actions in rem whereby an action is brought against the thing itself instead of the
person. Thus, an action may be instituted and carried to judgment without personal service upon depositors or
other claimants. (RCBC v. Bakunawa, 2012)
Q: When do you file a Petition for Escheat Proceedings?

A:
(1) When the decedent died without leaving a will; or
(2) When the decedent dies without leaving legal heirs to succeed; or 
(3) When there is a will but was not allowed to be admitted to probate. (Rule 91, Section 1)
Q: What are the requisites for filing of Petition for Escheat?

A:
(1) Person dies intestate leaving no heirs or someone entitled by law to succeed; 
(2) The petition must be filed in behalf of the real party in interest, the Republic of the Philippines;
(3) Filed in the CFI of the province where the deceased last resided or where he had his estate (if non-
resident). (Rule 91 Sec. 1)
Q: What are the remedies of respondent against petition, period for filing a claim?
A:
(1) Respondents have opportunity to file an opposition in the scheduled hearing set forth by the court;
(2) Respondents can file an action to recover the escheated property within 5 years from date of judgment.
If already sold, the municipality or city shall be accountable for the proceeds after deducting reasonable
charges for the care of the estate.
Q: What is the purpose of Guardianship proceedings?

A: Guardianship is designed for the ward’s well-being. It is intended to preserve the ward’s property as well as
to render any assistance that the ward may personally inquire. (Oropesa v. Oropesa, 2012)
NOTE: Only a guardian granted by the court can dispose or encumber the property of the minor, not even the
mother or father as the natural guardian of the minor. (Neri v. Uy, G.R. No, 194366, October 10, 2012)
Q: What is the order of preference for the appointment of guardian of minors?

A:
(1) Surviving grandparent
(2) Oldest brother or sister of the minor over 21 years of age unless unfit or disqualified
(3) Actual custodian of the minor over 21 years of age
(4) Any other person whom the court deems would serve the best interest of the minor. (A.M. No. 03-02-
050-SC, Section 6)
Q: What are the general powers and duties of guardians?

A:
(1) Care and Custody of Ward, and/or Management of the ward’s estate;
(2) Pay debts of the ward o If not sufficient, then out of the ward’s real estate upon obtaining an order for
the sale or encumbrance thereof;
(3) Settle accounts, collect debts, and appear in actions for the ward;
(4) Frugally manage the estate and apply proceeds to maintain the ward;
(5) Join in an assent to a partition of real or personal estate held by the ward jointly or in common with
others, when authorized by the court;
(6) Render Inventory within 3 months after appointment and annually upon request of interested persons;
(7) Account for his settlement and allowance. (Rule 96)
Q: Who may file Petition for Appointment of Guardian?

A:
(1) Any relative, friend, or other person;
(2) Ward himself if 14 yrs. old/over;
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Animo Notes
(3) Secretary of Social Welfare or Secretary of Health (in case insane minor needs hospitalization). (A.M. No.
03-02-05-SC)
Q: What is the rule on venue for Petition for Appointment of Guardianship?

A:
(1) If resident: The venue is the Family Court of province or municipality where ward resides. 
(2) If non-resident: The venue is the Family Court where property or part is situated. (Id.)
Q: What are the grounds for Termination of Guardianship?

A:
a) Emancipation of ward; 
b) Death of ward;
c) Death of guardian. (Id.)
Q: What is the purpose of a Writ of Habeas Corpus?

A:
(1) To determine whether or not a particular person is legally held;
(2) As a speedy and effectual remedy to relieve persons from unlawful restraint, and as the best and only
sufficient defense of personal freedom;
(3) To inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a
person therefrom if such restraint is illegal (Veluz v. Villanueva, G.R. No. 169482 [2008]);
(4) To deliver those who are imprisoned without sufficient cause. (Velasco v. CA, G.R. No. 118644, July 7,
1995)
Q: What is the Scope of the Writ of Habeas Corpus?

A: As a general rule, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by
which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the
person entitled thereto. (Rule 102, Section 1)
Exception: Except as otherwise expressly provided by law. (Id.)
Q: When can a Writ of Habeas Corpus be issued?

A: A writ of habeas corpus may be issued only when the “rightful custody of any person is withheld from the
person entitled thereto”. It has no application where, a mother took her son, who was less than 7 years of age,
from the residence of her estranged spouse absent any showing that the mother was unfit to provide custody to
her child. (Pablo-Gualberto v. Gualberto, G.R. No. 154994, June 28, 2005)
Q: What are the Writs of Habeas Corpus issued by Family courts under Section 5(b) of R.A. 8369?
A: These pertain to the ancillary remedy that may be availed of in conjunction with a petition for custody of
minors under Rule 99 of the Rules of Court. The writ must be issued by the same court to avoid splitting of
jurisdiction, conflicting decisions, interference by a co-equal court, and judicial instability. (Madrian v. Madrian,
G.R. No. 159374 [2007])
Q: Where is the Writ of Habeas Corpus enforceable?

A: It is enforceable in:
(1) If granted by the Supreme Court or the Court of Appeals, it shall be enforceable anywhere in the Philippines;
or
(2) If granted by the Regional Trial Court, it is enforceable only within his judicial district. (Rule 102, Section 2)
Q: What are the instances when Writ of Habeas Corpus will not be allowed?
A:
(1) If the person restrained is in the custody of an officer under process issued:
a) By a court;
b) Judge; or
c) By virtue of a judgment or order of a court of record;
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Animo Notes
(2) The court had jurisdiction to issue the process, render the judgment or make the order prior to the writ;
(3) Person restrained is charged with or convicted of an offense in the Philippines; and
(4) Person suffering imprisonment under lawful judgment. (Rule 102, Section 4)
Q: What is the remedy in case Petition for Writ of Habeas Corpus is denied?
A: The petitioner should file an ordinary appeal from the judgment of any court in habeas corpus cases within
48 hours from notice of judgment appealed from in compliance with A.M. No. 01-1-03-SC amending Rule 41,
Section 3. Recourse to the Supreme Court via a petition for certiorari from the decision of the CA dismissing his
petition for a writ of habeas corpus is inappropriate. (Caballes v. CA, G.R. No. 163108, February 23, 2005)
Q: What is a Petition for a Writ of Amparo?

A: The remedy available to any person whose right to life, liberty and security is violated or threatened with
violation by an unlawful act or omission. (A.M. No. 07 -9-12-SC, Section 1)
Q: What must accompany the allegations so that a Writ of Amparo may issued?
A: For a writ of amparo to be issued, allegations and proof that the persons subject thereof are missing must be
accompanied by the evidence that the disappearance was carried out by the state or political organizations.
(Buising v. Pardico, G.R. No. 184467, June 19, 2012)
Q: Will the remedy of Amparo lie if the issue involved in the case is child custody and exercise of parental
rights over the child?
A: No. The privilege of the writ of amparo is a remedy available to victims of extrajudicial killings and enforced
disappearances or threats of a similar nature, regardless of whether the perpetrator of the unlawful act or
omission is a public official or employee or a private individual. It is envisioned basically to protect and
guarantee the right to life, liberty and security of persons, free from fears and threats that vitiate the quality of
life (Caram v. Segui, 2014)
Q: What is the limitation of the Writ of Amparo?

A: While the principal objective of its proceedings is the initial determination of whether an enforced
disappearance, extralegal killing or threats thereof had transpired, the writ does not, by so doing, fix liability for
such disappearance, killing or threats, whether that may be criminal, civil or administrative under the applicable
substantive law. (Roxas v. Macapagal-Arroyo, G.R. No. 189155, September 7, 2010)
Q: Who may file a Writ of Amparo?

A: The following may file in order:
(1) Any member of the immediate family: spouse, children and parents of the aggrieved party;
(2) Any ascendant, descendant or collateral relative of aggrieved party within the 4th civil degree of
consanguinity or affinity;
(3) Any concerned citizen, organization, association or institution, if no known member of immediate
family. (A.M. 07-9-12-SC, Section 2)
Q: What is the remedy in case of denial or grant of Petition for a Writ of Amparo?
A: Any part may appeal from the final judgment or order to the Supreme Court through a petition for review
(Rule 45) within 5 working days from the date of notice of judgment. (A.M. No. 07-9-12-SC, Section 19)
Q: Explain the rules on consolidation in amparo cases.

A: When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated
with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action.
After consolidation, the procedure in the amparo case shall continue to apply to the disposition of the reliefs in
the petition. (A.M. No. 07-9-12-SC, Section 23)
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Animo Notes
Q: Is complete detail of violation of victim’s rights not required in the petition for writ of amparo?
A: No. To require to elaborately specify the names, personal circumstances, and addresses of the investigating
authority, as well as the manner and conduct of the investigation is an overly strict interpretation of Section 5(d)
of the Rules of Writ of Amparo. Under these circumstances, the Supreme Court was more than satisfied that the
allegations of the petition on the investigations undertaken are sufficiently complete for purposes of bringing
the petition forward. (Razon v. Tagitis, G.R. No. 182498, December 3, 2009)
Q: What are the interim reliefs available to the petitioner and respondent?
A: Upon filing of the petition or at any time before final judgment, the court, justice or judge may grant any of
the following reliefs:
(1) Temporary Protection Order – upon motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be protected in a government agency or by
an accredited person or private institution capable of keeping and securing their safety.
(2) Inspection Order — upon verified motion and after hearing, may order any person in possession or
control of a designated land or other property, to permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object or operation thereon.
(3) Production Order – upon verified motion and after hearing, may order any person in possession,
custody or control of any designated documents, papers, books, accounts, letters, photographs, objects
or tangible things, or objects in digitized or electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit their inspection, copying or photographing
by or on behalf of the movant.
(4) Witness Protection Order – upon motion or motu proprio, may refer the witnesses to the Department
of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to RA 6981
(A.M. No. 07-9-12-SC, Section 14)
Q: When is the Writ of Habeas Data available?

A: The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security
is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual
or entity engaged in the gathering, collecting or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.
It is an independent and summary remedy designed to protect the image, privacy, honor, information, and
freedom of information of an individual, and to provide a forum to enforce one’s right to the truth and to
informational privacy. It seeks to protect a person’s right to control information regarding oneself, particularly
in instances in which such information is being collected through unlawful means in order to achieve unlawful
ends. (Vivares vs. St Theresa's College, 2014)
Q: What is the indispensable requirement in availing of the remedy of Writ of Habeas Data?
A: An indispensable requirement before the privilege of the writ may be extended is the showing, at least by
substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the
victim (Roxas v. Macapagal-Arroyo, 2010).
Q: Who may file writ for habeas data?

A: Any aggrieved party may file the petition. However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:
(1) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents;
or
(2) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of
consanguinity or affinity, in default of those mentioned in the preceding paragraph (A. M. No. 08-1-16-
SC, Section 2)
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Animo Notes
Q: Distinguish between peremptory writ from preliminary citation.
Preliminary citation Peremptory writ
If the person is detained under governmental If the cause of the detention appears to be patently
authority and the illegality of his detention is not illegal, the court issues the habeas corpus writ,
patent from the petition for the writ, the court issues noncompliance with which is punishable
the citation to the government officer having custody
to show cause why the habeas corpus writ should not
issue
Q: Distinguish Habeas Corpus, Writ of Amparo, and Habeas Data

Habeas Corpus Writ of Amparo Habeas Data
Involves the right to liberty. It
extends to illegal
Involves the right to life,
confinement or detention by
liberty, and security. It
which any person is deprived Involves the right to privacy
Essence covers extrajudicial killings,
of his liberty, or by which the in life, liberty, and security
enforced disappearances,
rightful custody of any
and threats thereof
person is withheld from the
person entitled thereto.
Remedy available to any
Remedy available to one
Writ directed to a person person whose right to privacy
whose right to life, liberty,
detaining another, in life, liberty, or security is
and security are violated or
commanding him to produce violate or threatened by any
threatened with violation
the body of the prisoner at a unlawful act or omission of a
by an unlawful act or
designated time and place, public official or employee, or
omission of a public official
Availability with the day and cause of his of a private individual or
or employee, or of a private
caption and detention, to do, entity engage in the
individual or entity; the
submit to, and receive gathering, collecting, or
writ covers extrajudicial
whatever the court or judge storing data or information
killings and enforced
awarding the writ shall regarding the person, family,
disappearances or threats
consider in that behalf home and correspondence of
thereof
the aggrieved party
A violation or threatened
violation of the right to
privacy in life, liberty, or
security by an unlawful act or
A violation or threatened
omission of:
violation by an unlawful act
(1) Deprivation of liberty; (1) A public official;
or omission of:
Available and (2) A public employee;
(1) A public official;
Against (2) Withholding the rightful (3) A private individual or
(2) A public employee; and
custody of any person entity engaged in the
(3) A private individual or
gathering, collecting, or
entity
storing data or information
regarding the person family,
home and correspondence of
the aggrieved party
Q: Who is an Absentee?
A: One who disappears from his domicile and his whereabouts are unknown without an agent to administer his
property or the power of agent has expired. (Rule 107, Section 1)
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Animo Notes
Q: When to declare absence?
In case of disappearance without any news After a lapse of 2 years
In case the absentee left a person in charge of the
After a lapse of 5 years
administration of his property
Q: What is the nature of proceedings for Cancellation or Correction of entries in civil registrar?
A: Proceedings under Rule 108 of the Rules of Court, which has now been interpreted to be adversarial in nature.
(2005 Bar)
Q: What are the entries subject to cancellation or correction under Rule 108, in relation to R.A. No. 9048?
A: (Rule 108 Sec. 2)
(1) Birth;
(2) Marriage; 
(3) Death;
(4) Legal separation; 
(5) Annulment of marriage;
(6) Marriages void from the beginning;
(7) Legitimations;
(8) Adoption;
(9) Acknowledgment of natural children;
(10) Naturalization;
(11) Election;
(12) Loss or recovery of citizenship;
(13) Civil interdiction; 
(14) Judicial determination of filiation; 
(15) Voluntary emancipation of minor;
(16) Change of name.
Q: What are the grounds for change of name?

A:
a) When the name is ridiculous, dishonorable, or extremely difficult to write or pronounce
b) When the change results as a legal consequence, as in legitimation;
c) When the change will avoid confusion;
d) When one has continuously used and been known since childhood by a Filipino name, and was unaware
 of alien parentage;
e) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without
 prejudicing anybody;
f) When the surname causes embarrassment and there is no showing that the desired change of name was
for a fraudulent purpose or that the change of name would prejudice public interest. (In re: Petition for
change of name and/or correction/cancellation of entry in civil registry of Julian Lin Carusalan Wang, G.R. No.
159966, March 30, 2005)
Q: When is correction of entry available without judicial order?

A: Clerical or typographical errors in entries of the civil register are now to be corrected and changed without
need of a judicial order under Republic Act No. 9408. (Leev. CA, G.R No. 118387, October 11, 2001)
Q: What is a Clerical or Typographical Error?

A: A mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry
in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the
like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by
reference to other existing record or records (R.A. 9048, Section 2(c))
Q: What is the essential requisite that you must comply with for the purpose of establishing jurisdictional
facts before the court can hear the petition?
A: It is essential to prove the foreign judgment as a fact under section 24 and 25 of Rule 132, in relation to Section
Remedial Law 59
Animo Notes
48 (b) Rule 39. (Fujiki v. Marinay, G.B. No. 196049, June 26, 2013)
Q: Distinguish Rules 103, 108, and R.A. 9048.

RULE 103 RULE 108 R.A. No. 9048
Name of Cancellation/Correction of
Change of Name Clerical Error Act
Law Entries in the Civil Registry
Change of First Name and
Change or corrections in
Subject Change of Full Name (substantial Nickname and Civil Entries
the civil entries
Matter corrections) (only typographical or clerical
(substantial corrections)
errors)
Any person interested in
any act, event, order or Any person interested in any
decree concerning the act, event, order, or decree
Who may A person desiring to change his
civil status of persons concerning the civil status of
File name (Section 1)
which has been recorded persons which has been
in the civil register. recorded in the civil register
(Section 1)
1. Local Civil Registry Office
of the city or municipality
where the record being
RTC of the province wherein the
sought to be corrected or
petitioner resides for 3 years prior RTC of city or province
changed is kept
Venue to filing, or, in the City of Manila, where the corresponding
2. Local Civil Registrar of the
to the Juvenile and Domestic civil registry is located.
place where the interested
Relations Court.
party is presently residing
or domiciled
3. Philippine Consulates
CRIMINAL PROCEDURE
Q: What are the requisites for a valid exercise of criminal jurisdiction?

A: The following are the requisites for valid exercise of criminal jurisdiction:
(1) Jurisdiction over the subject matter: The offense must be one which the court is by law authorized to
take cognizance of.
(2) Jurisdiction over the territory: The offense must have been committed or any one of its essential
ingredients (transitory offense) should have taken place within the territorial jurisdiction of the court.
(3) Jurisdiction over the person of the accused: The person charged with the offense must have been brought
to the court’s presence for trial, by warrant of arrest or upon his voluntary submission thereto.
(4)
Q: What is the jurisdiction of the MTC/MeTC/MCTC/MTCC in criminal cases.
Except in cases falling within the exclusive jurisdiction of the RTC and
Sandiganbayan:
(1) Violations of city or municipal ordinances committed within their
respective territorial jurisdiction (Sec. 32(1), B.P. 129)
(2) Offenses punishable with imprisonment not exceeding six (6)
years, irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon,
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Animo Notes
irrespective of kind, nature, value, or amount thereof (Sec. 32(2),
B.P. 129)
(3) Offenses involving damage to property through criminal
negligence (Sec. 32(2), BP 129)
(4) Violations of traffic laws, rules, or regulations;
(5) Violations of rental law;
(6) Cases where the penalty prescribed by law for the offense charged
is imprisonment not exceeding six (6) months, or a fine not
Cases under Revised Rules on exceeding P1,000, or both, irrespective of other imposable
Summary Procedure penalties, accessory or otherwise, or of the civil liability arising
therefrom;
(7) Offenses involving damage to property through criminal
negligence where the imposable fine does not exceed P10,000;
(8) Violations of B.P. 22 (A.M. 00-11-01-SC, 2003);
(9) Application for bail in criminal cases in the absence of all RTC
Special jurisdiction
judges in a province or city. (Sec. 35, B.P. 129)
Q: What is the jurisdiction of the RTC in criminal cases?

Except in cases falling within the exclusive and concurrent jursidiction of
the Sandiganbayan:
(1) All criminal cases not within the exclusive jurisdiction of any
court, tribunal or body (Sec. 20, B.P. 129);
(2) All cases decided by the MTC within its territorial jurisdiction
(Sec. 22, B.P. 129);
Special jurisdiction (3) Criminal cases as designated by the SC;
(4) Criminal and civil aspects of written defamation (At. 360, RPC);
(5) Criminal cases where one or more of the accused is below 18 years
of age but not less than 15 years, or where one or more of the
victims is a minor at the time of the commission of the offense
(R.A. 9344);
(6) Cases against minors cognizable under the Dangerous Drugs Act,
as amended (R.A. 8369);
(7) Violations R.A. 7610 (Special Protection of Children Against Abuse,
Jurisdiction under specific
Exploitation and Discrimination Act);
laws
(8) Violation of P.D. 957 (Sale of Subdivision Lots and Condominiums);
(9) Cases of domestic violence against women and children (R.A.
8369; R.A. 9262);
(10) Violations of intellectual property rights (A.M. 03-03-03-SC);
(11) Money laundering cases (R.A. 9160), except those committed by
public officers and private persons who are in conspiracy with
such public officer and who shall be under the jurisdiction of the
Sandiganbayan.
Q: What is the jurisdiction of the Sandiganbayan in criminal cases.

(1) Violations of R.A. 3019 (Anti-Graft and Corrupt Practices Act), and
R.A. 1379 (Forfeiture of Property Unlawfully Acquired), and Title VII,
Book II, RPC (Crimes Committed by Public Officers) where one or
more of the accused are officials occupying the following
positions, whether in a permanent, acting or interim capacity, at
the time of the commission of the offense:
a. Officials of the executive branch occupying the positions
of regional director and higher (Grade “27” and higher),
specifically including:
• Provincial governors, vice-governors, members
Remedial Law 61
Animo Notes
of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other
provincial department heads;
• City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurer, assessors,
engineers and other city department heads;
• Officials of the diplomatic service occupying the
position of consul and higher;
• Philippine army and air force colonels, naval
captains and all officers of higher rank;
• PNP while occupying the position of provincial
director and senior superintendents or higher;
• City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;
• Presidents, directors or trustees, or managers of
GOCCs, state universities or educational
institutions or foundations;
b. Members of Congress and officials thereof classified as
Grade “27” and up;
c. Members of the Judiciary;
d. Chairmen and members of Constitutional Commissions;
e. All other national and local officials classified as Grade
“27” and higher;
(2) Other offenses or felonies whether simple or complexed with
other crimes committed by those mentioned in (a) in relation to
their office;
(3) Civil and criminal cases filed pursuant to and in connection with
Executive Orders 1, 2, 14 and 14-A;
(4) Petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunction, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, provided that jurisdiction over these petitions
shall not be exclusive of the SC;
Exclusive appellate (5) Final judgment, resolutions or orders of the RTC whether in the
jurisdiction exercise of its original or appellate jurisdiction;
(6) Private individuals who are charged as co-principals, accomplices
or accessories with the public officers or employees shall be tried
Exclusive jurisdiction
jointly in the proper courts which exercise exclusive jurisdiction
over them.
Q: When may injunction issue to restrain criminal prosecution?

A: As a general rule, the prosecution of a criminal case may not be enjoined by prohibition or injunction, whether
preliminary or final, because public interest requires that criminal acts be immediately investigated and
prosecuted for the protection of society (Domingo v. Sandiganbayan, 2000). The following are the exceptions:
(1) When necessary for the protection of the constitutional rights of the accused;
(2) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of suits;
(3) Where there is a prejudicial question which is subjudice;
(4) When acts of the officer are without or in excess of authority;
(5) Where the prosecution is under an invalid law, ordinance or regulation;
(6) When double jeopardy is clearly apparent;
(7) Where court has no jurisdiction over the offense;
(8) Where it is a case of persecution rather than prosecution;
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(9) Where the charges are manifestly false and motivated by vengeance;
(10) Where there is no prima facie case against the accused and a motion to quash on that ground has been
denied;
(11) Where preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of
petitioner.
Q: How are criminal actions instituted?

A: Criminal actions may be instituted as follows:
(1) Where a preliminary investigation is required, by filing the complaint with the proper officer.
(2) For all other offenses, either by:
a. Filing the complaint or information directly with the MTC. MeTC or MCTC, or the complaint
with the office of the prosecutor;
b. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor
unless otherwise provided in their charters. (Sec. 1, Rule 110, ROC)
Q: Who may file a criminal action?

A: The following persons are authorized:
(1) For complaints:
a. The offended party;
b. Any peace officer; or
c. Any other public officer charged with the enforcement of the law violated. (Sec. 3, Rule 110,
ROC)
(2) For informations:
a. The city or provincial prosecutor and their assistants; or
b. The duly appointed special prosecutors. (Sec. 4, Rule 110, ROC)
Q: What are the crimes that cannot be prosecuted de officio?

A: The following private crimes may only be prosecuted by a complaint filed by the private offended party:
(1) Adultery and concubinage: The complaint must have been filed by the offended spouse against both
guilty parties, unless one of them is no longer alive. Furthermore, the former must not have consented
to the offense or has pardoned the offenders. (Sec. 5, Rule 110, ROC)
(2) Seduction, abduction, and acts of lasciviousness: The offense must not have been pardoned by the
offended party, and the complaint must be filed exclusively and successively by the following persons
in this order:
a. The offended party, even though a minor, except when such minor is incompetent or incapable
of doing so;
b. The parents;
c. The grandparents;
d. The guardian; or
e. The State. (Sec. 5, Rule 110, ROC)
(3) Defamation which consists in the imputation of the offenses mentioned above: The criminal action can
only be initiated by the offended party. (Sec. 5, Rule 110, ROC)
Note: The criminal action for damages in cases of written defamations shall be filed with the RTC of the province
or city where the libelous article is printed and first published or where any of the offended parties actually
resides at the time of the commission of the offense. (Art. 360, RPC; Boto v. Villena, 2013)
Q: When is a complaint or information deemed sufficient?

A: A complaint or information is deemed sufficient if it contains the following:
(1) The name of the accused; if the offense is committed by more than one person, all of them shall be
included;
(2) The designation of the offense given by statute;
(3) The acts or omissions complained of as constituting the offense;
(4) The name of the offended party;
(5) The approximate date of the commission of the offense; and
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(6) The place where the offense was committed. (Sec. 6, Rule 110, ROC)
Q: What are the rules on the designation of the offense?

A: In designating the offense, the following rules must be observed:
(1) The name given to the offense by statute must be stated in the complaint or information;
(2) If the statute gives no designation, then reference shall be made to the section or subsection punishing
it;
(3) An averment of the acts or omissions constituting the offense must be included in the designation.
(4) The complaint or information shall specify the qualifying and aggravating circumstances of the offense.
(Sec. 8, Rule 110, ROC)
Q: What is duplicity of offense?

A: Duplicity means that there is a joinder of two or more separate and distinct offenses in one and the same
information or complaint. Should there be a duplicity of the offense in the information, the accused must move
for its quashal before trial (Sec. 3, Rule 120, ROC), otherwise, he is deemed to have waived the objection and may
be found guilty of as many offenses as those charged and proved during the trial.
Q: What is the rule on the duplicity of offenses?

A: As a general rule, a complaint or information must charge only one offense. However, an exception is when
the law prescribes a single punishment for various offenses such as for:
(1) Complex crimes;
(2) Special complex crimes;
(3) Continuous crimes;
(4) Crimes susceptible of being committed in various modes; and
(5) Crimes of which another offense is an ingredient.
Q: Explain the rules on the amendment and substitution of the complaint or information.
Amendment Substitution
It may be made:
(1) Before plea, with or without
leave of court; or
(2) After plea, with leave of court.
It may be made at any time before
An amendment is effected without leave
judgment where it appears that a mistake
When made of court when it involves formal or
has been made in charging the proper
substantial changes. It is effected with
offense.
leave of court when the amendment:
(1) Downgrades the nature of the
offense charged; or
(2) Excludes any accused from the
complaint or information.
It is acquired by:
(1) A warrant of arrest;
(2) Voluntary appearance,
How acquired It is conferred by law. submission to the court or consent
of the accused; or
(3) Failure to object to the court’s
jurisdiction
General Rule: An objection that the court An objection can be made through a
has no jurisdiction over the subject special appearance to question the
matter may be raised or considered motu jurisdiction of the court over the person of
How objected to
proprio at any stage of the proceedings or the accused. If he fails to make a timely
on appeal. objection, he will be deemed to have
waived the same.
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Animo Notes
Exception: A party may be estopped from
questioning the jurisdiction of the court
for reasons of public policy when he
initially invokes the court’s jurisdiction
and then later on repudiates the same.
(Tijam v. Sibonghanoy, 23 SCRA 29)
Q: What is the rule on venue of criminal actions?

A: As a general rule, the action must be instituted and tried in the courts of the municipality or territory where
the offense was committed or where any of its essential ingredients occurred. An exception is made to the
following:
(1) Felonies under Article 2 of the RPC;
(2) When the SC orders a change of venue or place of trial to avoid a miscarriage of justice (Sec. 5 (4), Art.
VIII, 1987 Constitution;
(3) Complex crimes;
(4) Transitory or continuing offense;
(5) Offenses committed on a train, aircraft, or other public or private vehicle while in the course of its trip;
(6) Offenses committed on board a vessel in the course of its voyage;
(7) When the case is cognizable by the Sandiganbayan;
(8) Libel; and
(9) Piracy.
Note: The jurisdiction of a court over the criminal case is determined by the allegations in the complaint or
information. However, if the evidence adduced during the trial show that the offense was committed somewhere
else, the court should dismiss the action for want of jurisdiction. (Navaja v. Judge De Castro, 2015)
Q: Can the offended party intervene in criminal actions?

A: Yes. As a general rule, the offended party has the right to intervene by counsel in the prosecution of the
criminal action, where the civil action for recovery of civil liability is instituted in the criminal action. The
following are exceptions:
(1) Where from the nature of the crime and the law defining and punishing it, no civil liability arises in
favor of the offended party;
(2) Where the offended party has waived his right to civil indemnity or has expressly reserved his right to
institute a civil action or has already instituted said action.
Q: Is the civil action impliedly instituted in criminal actions?

A: Yes. As a general rule, when a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged shall be deemed instituted with the criminal action. As an exception, the civil
action is not impliedly instituted in the following instances:
(1) The offended party waives the civil action;
(2) The offended party reserves the right to separately institute the civil action;
(3) The offended party institutes the civil action prior to the criminal action; (Sec. 1, Rule 111, ROC)
(4) No civil damage results from the offense; and
(5) Independent civil actions and quasi-delicts.
Note: The criminal action for violation of B.P. Blg. 22 shall be deemed to include the corresponding civil action.
No reservation to file such civil action separately shall be allowed or recognized. (SC Circular No. 57-97)
Q: When may the civil action proceed independently?

A: In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be
brought by the offended party without reservation of the same. It shall proceed independently of the criminal
action and shall require only a preponderance of evidence. In no case, however, may the offended party recover
damages twice for the same act or omission charged in the criminal action. (Sec. 3, Rule 111, ROC)
Q: When can a separate civil action be suspended?
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Animo Notes
A: The rule provides that there is a primacy of criminal action over civil action. As a general rule, the civil action
is suspended when:
(1) After the filing of the criminal action, the civil action which has been reserved cannot be instituted until
final judgment has been rendered in the criminal action;
(2) If the civil action is instituted before the filing of the criminal action and the criminal action is
subsequently commenced, the pending civil action shall be suspended until final judgment in the
criminal action has been rendered, as long as no judgment on the merits has yet been entered in the civil
action.
However, as an exception, the civil action is not suspended in:

(1) Cases of independent civil actions based on Articles 32, 33, 34 and 2176 of the New Civil Code;
(2) Where the civil action presents a prejudicial question;
(3) Where the civil action is consolidated with the criminal action; and
(4) Where the civil action is not one intended to enforce civil liability arising from the offense.
Q: What is the effect of death of the accused?

A: The death of the accused prior to final judgment extinguished his criminal liability (People v. Paras, 729 SCRA
179). If the death occurred before arraignment, the case shall be dismissed without prejudice to any civil action
against estate of deceased. If the death occurred after arraignment and during the pendency of the criminal
action, the civil liability arising from the crime is extinguished.
Q: What are the requisites of a prejudicial question?

A: Prejudicial question sets in when the following situations are present:
(1) The civil action must be instituted prior to the criminal action;
(2) The civil action involves an issue similar or intimately related to the issue in the criminal action;
(3) The issue in the civil case is determinative of the issue in the criminal case; (Sec. 7, Rule 111, ROC)
(4) Jurisdiction to try said question is lodged in another court or tribunal.
Note: It is the issue in the civil action that is prejudicial to the continuation of the criminal action, not the criminal
action that is prejudicial to the civil action. (Yap v. Paras, 1992)
Q: What are the instances in which a prejudicial question may not be invoked?
A: A prejudicial question cannot be invoked in the following instances:
(1) When both cases are criminal;
(2) When both are civil;
(3) When both cases are administrative;
(4) When one case is administrative and the other civil; or
(5) When one case is administrative and the other criminal.
Q: What is a preliminary investigation?

A: Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial. (Sec. 1, Rule 112, ROC)
Q: What are the cases requiring a preliminary investigation?

A: A preliminary investigation is required to be conducted before the filing of a complaint or information for an
offense, where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine. (Sec. 1, Rule 112, ROC).
Q: What are the purposes of a preliminary investigation?

A: A preliminary investigation has the following purposes:
(1) To inquire concerning the commission of a crime and the connection of the accused with it, in order that
he may be informed of the nature and character of the crime charged against him, and, if there is
probable cause for believing him guilty, that the State may take the necessary steps to bring him to trial;
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Animo Notes
(2) To secure the innocent against hasty, malicious, and oppressive prosecutions, and to protect him from
an open and public accusation of crime, from the trouble, expense, and anxiety of a public trial, and also
to protect the State from useless and expensive trials (Sausi v. Querubin, 1975).
(3) To preserve the evidence and keep the witnesses within the control of the State; and
(4) To determine the amount of bail, if the offense is bailable (Callo-Claridad v. Esteban, 2013).
Q: What are the rules on the review of the resolution of the investigating officer?
A: The following rules or procedure shall apply:
(1) Within five (5) days from the issuance of the resolution, the record of the case shall be forwarded to the
Chief State Prosecutor, Regional State Prosecutor, Provincial/City Prosecutor, or to the Ombudsman or
his deputy. (Sec. 4, Rule 112, ROC)
(2) Within ten (10) days from receipt of the resolution, the Chief State Prosecutor, Regional State Prosecutor,
Provincial/City Prosecutor, or the Ombudsman or his deputy may reverse or affirm the resolution and
shall immediately inform the parties of such action. (Sec. 4, Rule 112, ROC)
(3) Where the investigating prosecutor recommends the dismissal, but his recommendation is disapproved
by the Chief State Prosecutor, Regional State Prosecutor, Provincial/City Prosecutor, or the
Ombudsman or his deputy on the ground that probable cause exists, the latter may:
a. File the information himself; or
b. Direct another assistant prosecutor or state prosecutor to do so without conducting another
preliminary investigation. (Sec. 4, Rule 112, ROC)
(4) Within fifteen (15) days from receipt of the assailed resolution, the aggrieved party may file a motion
for reconsideration. (Sec. 3, NPS Rule on Appeal)
(5) Within fifteen (15) days from denial of the motion for reconsideration, the aggrieved party may appeal
to the Secretary of Justice. (Sec. 1, NPS Rule on Appeal)
(6) The appeal before the Secretary of Justice shall not hold or prevent the filing of the corresponding
information in court, unless the Secretary of Justice directs otherwise. However, the appellant and
prosecutor may hold in abeyance the proceedings in court pending resolution of the appeal. (Sec. 9, NPS
Rule on Appeal)
(7) The proper party, upon motion, may ask for the suspension of the arraignment if the petition for review
of the resolution of the prosecutor is still pending. (Sec. 11(c), Rule 116, ROC)
(8) The resolution of the Secretary of Justice may be assailed by a petition for certiorari under Rule 65 before
the CA on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, and not a
petition for review under Rule 43. (Salapudin v. CA, 2013)
Q: When may a warrant of arrest be issued?

A: After the judge personally evaluates the resolution of the prosecutor and he finds probable cause:
(1) A warrant of arrest shall be issued;
(2) Summons instead of warrant of arrest shall be issued if the judge is satisfied that there is no necessity
for placing the accused under custody;
(3) A commitment order shall be issued instead of a warrant of arrest if a complaint or information was
already filed pursuant to a lawful warrantless arrest or a previous valid arrest pursuant to other legal
processes.
Q: What are the cases not requiring a preliminary investigation?

A: A preliminary investigation is not required when the imposable penalty is less than four (4) years, two (2)
months and one (1) day, in which case the criminal action may be initiated by:
(1) Filing a complaint or information directly with the prosecutor who shall observe the procedure laid
down in Section 3(a) of Rule 112; or
(2) Filing a complaint or information directly with the MTC which shall observe the procedure laid down
in Section 3(a) of Rule 112.
Q: What are the remedies of the accused if there was no preliminary investigation?
A: The accused may:
(1) Question the regularity or absence of a preliminary investigation before he enters his plea;
(2) Insist on a preliminary investigation;
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Animo Notes
(3) File a motion for reinvestigation or motion to remand the case to the office of the prosecutor to conduct
a preliminary investigation;
(4) File a motion for judicial determination of probable cause;
(5) If preliminary investigation is refused, file a petition for certiorari (Sec. 7(2) and (3), Rule 112, ROC);
(6) Raise lack of preliminary investigation as error on appeal; or
(7) File for prohibition.
Q: When are warrantless arrests lawful?

A: As a general rule, no peace officer or person has the power or authority to arrest anyone without a warrant.
However, the following instances are exceptions to the rule:
(1) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense (in flagrante delicto arrest) (Sec. 5(a), Rule 113, ROC);
(2) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it (hot pursuit) (Sec.
5(b), Rule 113, ROC);
(3) 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, or has escaped while
being transferred from one confinement to another (Sec. 5, Rule 113, ROC);
(4) When a person previously lawfully arrested has escaped or is rescued, any person may immediately
pursue or retake him without a warrant at any time and in any place within the country (Sec. 13, Rule
113, ROC); and
(5) When an accused released on bail attempts to depart from the Philippines without permission of the
court where the case is pending. (Sec. 23, Rule 114, ROC)
Q: What are the different methods of arrest?

A: An arrest may be made by:
(1) An officer with a warrant;
(2) An officer without a warrant; or
(3) A private person.
Q: What information should be given when the person is being arrested?

By officer with warrant By officer without warrant By private person
What person (1) The cause of his arrest;
to be and (1) His intention to arrest
(1) His authority; and
arrested (2) The fact that a warrant him; and
(2) The cause of his arrest.
must be has been issued for his (2) The cause of his arrest.
informed of arrest.
(1) The person to be arrested is engaged in the commission of an offense;
(2) The person to be arrested is in the process of being pursued immediately after the
When such
commission of the offense;
information
(3) The person to be arrested escapes or flees; or
need not be
(4) The person to be arrested forcibly resists before the officer has the opportunity to so
given
inform him; or
(5) When the giving of such information will imperil the arrest.
Q: What are the requisites of valid warrant of arrest?

A: The requisites of a valid warrant of arrest are as follows:
(1) It must be issued only upon probable cause;
(2) Probable cause must be determined personally by the judge;
(3) The determination must be made after examination under oath or affirmation of the complainant and
the witnesses he may produce; and
(4) The warrant must particularly describe the place to be searched and the persons or things to be seized.
(Sec. 2, Art. III, 1987 Philippine Constitution)
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Animo Notes
Note: Personal examination is not mandatory and indispensable in the determination of probable cause for the
issuance of a warrant of arrest. What the law requires as personal determination on the part of the judge is that
he should not rely solely on the report of the investigating prosecutor. If the report, taken together with the
supporting evidence, is sufficient to sustain a finding of probable cause, it is not compulsory that a personal
examination of the complainant and his witnesses be conducted. The necessity thereof arises only when there is
an utter failure of the evidence to show the existence of probable cause. (AAA v. Judge Carbonell, 2007)
Q: What are the kinds of determination of probable cause? Distinguish.

A: The determination of probable cause may be executive or judicial.
Executive Judicial
Determined by The prosecutor. The judge.
Determined
The preliminary investigation. The preliminary examination/inquiry.
during
Pertains to facts and circumstances Pertains to facts and circumstances which
sufficient to support a well-founded would lead a reasonably discreet and
Probable cause belief that a crime has been committed prudent man to believe that an offense has
and the accused is probably guilty been committed by the person sought to
thereof. be arrested.
Effect if probable
cause is found to An information is filed with the court. An arrest warrant is issued.
exist
Q: When is bail a matter of right?

A: As a general rule, all persons in custody shall be admitted to bail as a matter of right, with sufficient sureties,
or released on recognizance as prescribed by law or this Rule—
(1) Before or after conviction by the MeTC, MTC, MTCC or MCTC;
(2) Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment. (Sec. 4, Rule 114, ROC)
As an exception, bail is not a matter of right if the accused is charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, and the evidence of his guilt is strong. (Sec. 7, Rule 114,
ROC)
Note: Minors shall be entitled to bail as a matter of right regardless of whether the evidence of guilt is strong.
Q: When is bail a matter of discretion?

A: Bail is a matter of discretion in the following instances:
(1) Before conviction, in offenses punishable by death, reclusion perpetua, or life imprisonment and
evidence of guilt is not strong;
(2) Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment (Sec. 5, Rule 114, ROC).
(3) If the penalty imposed by the trial court is imprisonment exceeding six (6) years, bail may be granted
provided that there be no showing by the prosecution of the following or other similar circumstances:
a. That he is a recidivist, quasi recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
b. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c. That he committed the offense while under probation, parole, or conditional pardon;
d. That the circumstances of his case indicate the probability of flight if released on bail; or
e. That there is undue risk that he may commit another crime during the pendency of the appeal.
(Sec. 5(3), Rule 114, ROC)
Q: What are the guidelines in fixing the amount of bail?

A: The following guidelines are to be followed:
(1) Excessive bail shall not be required. (Sec. 13, Art. III, 1987 Constitution)
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Animo Notes
(2) The judge shall fix a reasonable amount of bail considering primarily, but not limited to, the following
factors:
a. Financial ability of the accused to give bail;
b. Nature and circumstances of the offense;
c. Penalty for the offense charged;
d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the accused;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that the accused was a fugitive from justice when arrested; and
j. Pendency of other cases where the accused is on bail.
Q: When is bail not required?

A: The following are the instances wherein the accused may be released immediately without applying for bail:
(1) When the offense charged is for violation of an ordinance, a light felony or a criminal offense, the
imposable penalty of which does not exceed six (6) months imprisonment and/or a fine of P 2,000 or
both under R.A. 6036.
(2) When the accused has applied for probation and before the same has been resolved, no bail was filed or
the accused is incapable of applying for one, in which case he may be released on recognizance.
(3) In case of a youthful offender held for physical or mental examination, trial or appeal, if unable to furnish
bail and under the circumstances under P.D. 603, as amended.
(4) When a person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, without prejudice to the continuation of the trial or
the proceedings on appeal.
(5) If the maximum penalty is destierro, in which case he shall be released after thirty (30) days of preventive
imprisonment.
(6) In cases filed with the MTC/MCTC for an offense punishable by an imprisonment of less than four (4)
years, two (2) months and one (1) day, and the judge is satisfied that there is no necessity for placing the
accused under custody.
Q: When can there be an increase or reduction of bail?

A: After the accused is admitted to bail, the court may, upon good cause, either increase or reduce its amount.
When increased, the accused may be committed to custody if he does not give bail in the increased amount
within a reasonable period. (Sec 20, Rule 114, ROC)
Q: Is an application for bail a bar to objections in illegal arrest, or lack of or irregular preliminary
investigation?
A: No. 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, 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. The
court shall resolve the matter as early as practicable, but not later than the start of the trial of the case. (Sec. 26,
Rule 114, ROC)
Q: What is the effect of a hold departure order and a watch list order to a person on bail?
A: The accused may be prevented from leaving the country during the pendency of his case. If the accused
released on bail attempts to depart from the Philippines without the permission of the court where his case is
pending, he may be re-arrested without warrant. (Sec. 23, Rule 113, ROC)
Q: How is an arraignment and plea made?

A: Arraignment is made:
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Animo Notes
(1) Before the court where the complaint or information has been filed or assigned for trial (Sec. 1(a), Rule
116, ROC);
(2) In open court, by the judge or clerk by furnishing accused a copy of the complaint or information with
the list of witnesses, reading it in a language or dialect known to him and asking him of his plea (Sec.
1(a), Rule 116, ROC);
(3) The accused must be present at the arraignment and must personally enter his plea (Sec. 1(b), Rule 116,
ROC);
(4) The arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the
proceedings (Sec. 1(b), Rule 116, ROC).
Q: When should a plea of not guilty be entered?

A: The following are the instances when a plea of not guilty shall be entered:
(1) When the accused so pleaded;
(2) When he refuses to plead;
(3) When the accused admits the facts in the information but alleges that he performed the acts as a matter
of defense with lawful justification;
(4) When he enters a conditional plea of guilt;
(5) Where, after a plea of guilt, he presents exculpatory evidence in which case the guilty plea shall be
deemed withdrawn;
(6) When the plea is indefinite or ambiguous;
(7) When there is a withdrawal of an improvident plea of guilt.
Q: When may the accused enter a plea of guilty to a lesser offense?

A: The accused may enter a plea of guilty to a lesser offense:
(1) During arraignment: The lesser offense must be necessarily included in the offense charged with the
consent of the offended party and prosecutor. (Bar 2002)
(2) After arraignment but before trial: Accused may be allowed to plead guilty to a lesser offense after
withdrawing his plea. No amendment of the complaint or information is necessary.
(3) After trial has begun: Change of plea to a lesser offense may be granted with the approval of the
prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the
guilt of the accused for the crime charged. (Sec. 2, Rule 116, ROC; People v. Kayanan, 1978)
Note: If the accused withdraws his plea and pleads guilty to a lesser offense at the pre-trial, the Court should
allow the withdrawal of the earlier plea and arraign the accused for the lesser offense and render judgment
without need of an amendment of the complaint or information (Sec. 2, Rule 116, ROC). However, the Court still
has to receive evidence on the civil liability which is impliedly instituted with the criminal action before it renders
a judgment. (Heirs of Cevero v. Guihing Agricultural Development Corp., 2006; Sec. 1, Rule 111, ROC)
Q: What must the court do when the accused pleads guilty to a capital offense?
A: When the accused pleads guilty to a capital offense, the court shall:
(1) Conduct a searching inquiry to ascertain the voluntariness of the plea and whether the accused has full
comprehension of the consequences of his plea;
(2) Require the prosecution to prove the guilt and precise degree of culpability of the accused; and
(3) Ask the accused if he desires to present evidencein his behalf and allow him to do so if he desires. (Sec.
3, Rule 116, ROC)
Q: What is a searching inquiry?

A: A searching inquiry is conducted after the accused pleads guilty to a capital offense. The following guidelines
must be complied with in making such inquiry:
(1) Ascertain from the accused himself the voluntariness of his plea;
(2) Ask the defense counsel a series of questions as to whether he had conferred with, and completely
explained to the accused the meaning and consequences of a plea of guilty;
(3) Elicit information about the personality profile of the accused (e.g. age, socio-economic status, and
educational background);
(4) Inform the accused of the exact length of imprisonment or nature of the penalty under the law and the
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certainty that he will serve such sentence;
(5) Inquire if the accused knows the crime with which he is charged and fully explain to him the elements
of the crime which is the basis of his indictment;
(6) All questions posed to the accused should be in a language known and understood by the latter.
(7) The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must
be required to narrate the tragedy or reenact the crime or furnish its missing details. (People v. Pastor,
2002)
Q: What are the instances of an improvident plea?

A: The following are the instances of an improvident plea:
(1) The plea of guilt was compelled by violence or intimidation;
(2) The accused did not fully understand the meaning and consequences of his plea;
(3) There is insufficient information to sustain conviction of the offense charged;
(4) The information does not charge an offense, hence, any conviction thereunder is void;
(5) The court has no jurisdiction;
(6) There was a failure to conduct searching inquiry, if necessary.
Q: What are the grounds for a motion to quash?

A: The following are the grounds for a motion to quash:
(1) The facts charged do not constitute an offense;
(2) The court trying the case has no jurisdiction over the offense charged;
(3) The court trying the case has no jurisdiction over the person of the accused;
(4) The officer who filed the information had no authority to do so;
(5) The motion does not conform substantially to the prescribed form;
(6) More than one offense is charged except when a single punishment for various offenses is prescribed by
law;
(7) The criminal action or liability has been extinguished;
(8) It contains averments which, if true, would constitute a legal excuse or justification;
(9) The accused has been previously convicted or acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his express consent. (Sec. 3, Rule 117, ROC)
Q: Distinguish motion to quash from demurrer to evidence.

Motion to Quash (Rule 117) Demurrer to Evidence (Rule 119)
Filed before the accused enters a plea. Filed after the prosecution rests its case, hence, during
trial.
No prior leave of court is required. Either with or without leave of court.
Grounds under Sec. 3, Rule 117. Ground is for insufficiency of evidence.
Based on matters found on the face of the complaint Based on matters outside the complaint or
or information. information.
When granted, a dismissal of the case will not When granted, it amounts to an acquittal.
necessarily follow as the court may order the filing
of a new complaint or information.
When denied, certiorari or prohibition may lie when When denied but filed with leave of court, the
the court acts with grave abuse of discretion. accused may adduce evidence in his defense. When
denied but filed without leave of court, the accused
waives his right to present evidence and submits the
case for judgment.
An order sustaining the motion is generally not a bar An order granting a demurrer is a resolution of the
to another prosecution. case on the merits.
Q: What are the effects of sustaining a motion to quash?

A: As a general rule, an order sustaining a motion to quash is not a bar to another prosecution for the same
offense. Hence, the court may order that another complaint or information be filed. As an exception to the rule,
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another complaint or information cannot be filed when the ground relied upon for sustaining the motion is
either:
(1) The extinction of the criminal liability; or
(2) Double jeopardy.
Q: What are the requisites to invoke double jeopardy?

A: The following are the requisites of double jeopardy:
(1) A first jeopardy must have attached;
(2) The first jeopardy must have been validly terminated; and
(3) The second jeopardy must be for:
a. The same offense;
b. An attempt to commit the same offense;
c. The frustration to commit the same offense;
d. Any offense which necessarily includes the offense charged in the previous complaint or
information; or
e. Any offense which is necessarily included in the offense charged in the previous complaint or
information. (Sec. 7, Rule 117, ROC)
Q: What are the requisites for the first jeopardy to attach?

A: There must have been:
(1) A valid indictment;
(2) Before a competent court;
(3) After arraignment;
(4) When a valid plea has been entered; and
(5) When the defendant was acquitted or convicted, or the case was dismissed or otherwise terminated
without the express consent of the accused.
Q: What are the requisites for a valid provisional dismissal?

A: The following are the requisites for provisional dismissal:
(1) Express consent of the accused;
(2) Notice to the offended party;
(3) Approval of the court. (Sec. 8, Rule 117, ROC)
Q: What is the effect of a provisional dismissal of a criminal case?

A: The provisional dismissal of the case is not permanent and can be revived within the period set by the Rules.
It does not operate as an acquittal since its dismissal was made with the express consent of the accused, thus,
there is no double jeopardy. (Philippine Savings Bank v. Bermoy, 2005)
Q: When does a provisional dismissal become permanent?

A: The provisional dismissal shall become permanent after the lapse of the following periods:
(1) For offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both,
the provisional dismissal shall be permanent one (1) year after issuance of the order without the case
having been revived.
(2) For offenses punishable by imprisonment of more than six (6) years, the provisional dismissal shall be
permanent two (2) years after issuance of the order without the case having been revived. (Sec. 8, Rule
117, ROC)
Reinstatement must be done before the lapse of the said period, otherwise, any action for reinstatement of the
case shall be time-barred (time-bar rule), if the requisites for provisional dismissal are complied with in filing the
motion.
Q: What are the matters to be considered in pre-trial?

A: The court shall order a pre-trial conference to consider the following:
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(1) Plea bargaining;
(2) Stipulation of facts;
(3) Marking for identification of evidence;
(4) Waiver of objections to admissibility of evidence;
(5) Modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(6) Such other matters as will promote fair and expeditious trial of the civil and criminal aspects of the case.
Q: What should the court do when the prosecution and the offended party agree to the plea offered by the
accused (plea bargaining)?
A: The Court shall:
(1) Issue an order which contains the plea bargaining arrived at;
(2) Proceed to receive evidence on the civil aspect of the case; and
(3) Render and promulgate judgment of conviction, including the civil liability or damages duly established
by the evidence. (A.M. 03-1-09-SC)
Q: What a pre-trial agreement?

A: A pre-trial agreement contains all agreements and admissions made or entered during the pre-trial
conference, and which shall be:
(1) Reduced in writing; and
(2) Signed by the accused and his counsel.
Failure to reduce the pre-trial agreement into writing shall make the admissions contained therein inadmissible
in evidence. It is essential to reduce the stipulation into writing in order to bind the parties for these become
judicial admissions. (2008 Bar)
Q: What is the rule on the non-appearance of a party at pre-trial?

A: If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer
an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties. (Sec. 3, Rule
118, ROC)
Q: What is a pre-trial order?

A: A pre-trial order is issued by the judge within ten (10) days after the termination thereof, setting forth the
following:
(1) The actions taken during the pre-trial conference;
(2) The facts stipulated;
(3) The admissions made;
(4) The evidence marked;
(5) The number of witnesses to be presented; and
(6) The schedule of the trial.
The pre-trial order shall bind the parties, limit the trial to matters not disposed of and control the course of the
action during trial, unless modified by the court to prevent manifest injustice. (I-B(10), A.M. 03-1-09-SC)
Q: What is the rule on the referral of some cases for court annexed mediation and judicial dispute resolution?
A: After the arraignment, the court shall forthwith set the pre-trial conference within thirty (30) days from the
date of arraignment, and issue an order:
(1) Requiring the private offended party to appear thereat for purposes of plea bargaining except for
violations of the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his
presence;
(2) Referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three
days prior to the pretrial to mark the documents or exhibits to be presented by the parties and copies
thereof to be attached to the records after comparison and to consider other matters as may aid in its
prompt disposition; and
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(3) Informing the parties that no evidence shall be allowed to be presented and offered during the trial other
than those identified and marked during the pre-trial except when allowed by the court for good cause
shown. In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for
purposes of mediation if available (AM No. 03-1-09-SC).
Q: What are the instances when the presence of the accused is required during trial?
A: The presence of the accused is required in the following instances:
(1) At arraignment and plea, whether of innocence or guilt;
(2) During trial, whenever necessary for identification purposes; and
(3) At the promulgation of sentence, unless it is for a light offense, in which case, the accused may appear
by counsel or representative (People v. De Grano, 2009).
Q: What are the requisites before trial can be suspended on account of the absence of a witness?
A: For the trial to be suspended on account of the absence of a witness, the following requisites must concur:
(1) The essential witness is absent or unavailable;
(2) The witness must be an essential witness. (Casilan v. Gancatco, 1958)
Q: What is the rule on trial in absentia?

A: As a general rule, the accused shall be entitled to be present from arraignment to the rendition of judgment.
However, he may be tried in absentia if the following requisites are present:
(1) He has been arraigned;
(2) He has been duly notified of the trial or hearings; and
(3) His absence or failure to appear is unjustified. (Sec. 14, Art. III, 1987 Constitution)
Note: The accused may waive his presence at the trial pursuant to the stipulations set forth in his bail, except
when his presence is specifically ordered by the court for purposes of identification.
Q: What is the remedy when the accused is not brought to trial within the prescribed period?
A: If an accused is not brought to trial within the prescribed period, he may move to have the information
dismissed on the ground of having been denied a speedy trial. However, he has the burden of proving the
ground for his motion, and the prosecutor shall have the burden of going forward with the evidence to establish
that the delay belongs to the exclusion of time mentioned in Section 3, Rule 119 of the Rules of Court. (2007 Bar)
Q: What are the requisites for the discharge of an accused to become a state witness?
A: The requisites are as follows:
(1) Two or more persons are jointly charged with the commission of any offense;
(2) The prosecution files a motion to discharge one or more, but not all, of the accused to be discharged;
(3) The accused consent to be a state witness;
(4) The prosecution files the motion before resting its case;
(5) The prosecution presents evidence and the sworn statement of each proposed state witness at a hearing
in support of the discharge; and
(6) The court is satisfied that the following conditions are met:
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. There is no other direct evidence other than the testimony of the accused;
c. The testimony can be substantially corroborated in its material points;
d. The accused sought to be discharged does not appear to be the most guilty; and
e. He has not at any time been convicted of any offense involving moral turpitude. (Sec. 17, Rule
119, ROC)
Q: What are the effects of the discharge of an accused as state witness?

A: The effects of the discharge are the following:
(1) If the motion is granted:
a. The evidence adduced during the discharge hearing shall automatically form part of the trial.
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b. The discharge of the accused shall amount to an acquittal and shall be a bar to another
prosecution for the same offense, except if the accused fails or refuses to testify against his co-
accused in accordance with his sworn statement constituting the basis for his discharge. (Sec.
18, Rule 119, ROC)
c. Where an accused becomes a state witness on the promise of immunity, but later retracts and
fails to keep his part of the agreement, his confession of his participation in the commission of
the crime is admissible as evidence against him.
(2) If the motion is denied:
a. The accused’s sworn statement shall be inadmissible in evidence. (Sec. 17, Rule 119, ROC)
b. The proposed state witness shall be prosecuted like his co-accused.
Q: What is demurrer to evidence in criminal cases?

A: A demurrer to evidence is a motion to dismiss due to the insufficiency of evidence. It is filed after the
prosecution rests its case by the court on its own initiative, or by the accused with or without leave of court. (Sec.
23, Rule 119, ROC)
Q: How is a demurrer to evidence made and what are its effects?

With leave of court Without leave of court
(1) A motion for leave of court to file a demurrer to
evidence shall be filed by the accused, specifically
stating the grounds therefor and shall be filed
within a non-extendible period of five (5) days
after the prosecution rests its case.
(2) The prosecution may oppose the motion within a
non-extendible period of five (5) days from its
receipt. (Sec. 23, Rule 119, ROC) (1) If granted, the case is dismissed and the effect is
(3) If granted, the accused shall file the demurrer to an acquittal.
evidence within a non-extendible period of ten (2) If denied, the accused waives the right to present
(10) days from notice. evidence and submits the case for judgment on
(4) The prosecution may oppose the motion within a the basis of the evidence for the prosecution.
similar period from its receipt. (Sec. 23, Rule 119, (Sec. 23, Rule 119, ROC)
ROC)
(5) If the demurrer is granted, the case is dismissed
and the same shall amount to an acquittal. (Mupas
v. People, 2011)
If the demurrer is denied, the accused may present
evidence in his defense (Sec. 23, Rule 119, ROC),
then to appeal if he is convicted.
Q: What are the requisites of a judgment?

A: The requisites of a judgment are:
(1) It must be written in the official language;
(2) It must be personally and directly prepared and signed by the judge;
(3) It must contain clearly and distinctly a statement of:
a. The facts; and
b. The law upon which it is based. (Sec. 1, Rule 120, ROC)
Q: What are the contents of a judgment?

Judgment of conviction Judgment of acquittal
(1) The legal qualification of the offense constituted (1) Whether or not the evidence of the prosecution:
by the acts committed by the accused; a. Absolutely failed to prove the guilt of the
(2) The aggravating and mitigating circumstances accused; or
which attended the commission of the offense; b. Merely failed to prove his guilt beyond
(3) The participation of the accused in the offense reasonable doubt;
whether as: (2) A determination if the act or omission from which
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a. Principal; the civil liability might arise did not exist. (Sec. 2,
b. Accomplice; or Rule 120, ROC)
c. Accessory.
(4) The penalty imposed upon the accused;
(5) The civil liability or damages caused by his
wrongful act or omission, if any, unless the
enforcement of the civil liability by a separate civil
action has been reserved or waived. (Sec. 2, Rule
120, ROC)
Q: How is a promulgation of judgment made?

A: As a general rule, the judgment is promulgated by reading it in the presence of the accused and any judge of
the court in which it was rendered. The following are the exceptions:
(1) If the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel
or representative.
(2) The judgment may be promulgated by the clerk of court if the judge is absent or outside the province or
city. (Sec. 6, Rule 120, ROC)
(3) If the accused is confined or detained in another province or city, the judgment may be promulgated by
the executive judge of the RTC having jurisdiction over the place of confinement or detention upon
request of the court which rendered judgment. (Sec. 6, Rule 120, ROC)
Q: What are the instances of a promulgation in absentia?

A: If the accused fails to appear at the scheduled date of promulgation despite notice, the promulgation shall be
made by:
(1) Recording the judgment in the criminal docket; and
(2) Serving him a copy thereof at his last known address or through his counsel. (Sec. 6, Rule 120, ROC)
If the judgment is for conviction, and the failure of the accused to appear was without justifiable cause, the latter
shall:
(1) Lose the remedies available in the Rules of Court against the judgment; and
(2) The court shall order his arrest. (Pascua v. Court of Appeals, 2000)
If the accused surrenders within fifteen (15) days from promulgation of judgment, he may file a motion for leave
of court to avail of his remedies. He shall state the reasons for his absence and, if he proves his absence was for
a justifiable cause, he shall be allowed to avail of the remedies within fifteen (15) days from notice. (Sec. 6, Rule
120, ROC)
Q: What does judgment become final?

A: Judgment becomes final in any of the following instances:
(1) The period for perfecting an appeal has lapsed;
(2) The sentence has been partially or totally satisfied or served;
(3) The accused expressly waives in writing his right to appeal; or
(4) The accused applies for probation. (Sec. 7, Rule 120, ROC)
Q: What are the grounds for new trial?

A: The following are the grounds for new trial:
(1) Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed
during the trial; or
(2) New and material evidence has been discovered which the accused could not, with reasonable diligence,
have discovered and produced at the trial and which if introduced and admitted would probably change
the judgment. (Sec. 2, Rule 121, ROC)
Q: What are the grounds for reconsideration?

A: The following are the grounds for reconsideration:
(1) Errors of law in the judgment which requires no further proceedings; or
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(2) Errors of fact in the judgment, which also requires no further proceedings. (Sec. 3, Rule 121, ROC)
Q: What are the requisites before a new trial may be granted on the ground of newly-discovered evidence?
A: The following requisites must be present:
(1) The evidence must have been discovered after the trial;
(2) It could not have been previously discovered and produced at the trial even with the exercise of
reasonable diligence;
(3) It is a new and material evidence, and not merely cumulative, corroborative or impeaching; and
(4) If introduced and admitted, it would probably change the judgment. (Sec. 2, Rule 121, ROC)
Q: What are the effects of granting a new trial or reconsideration?

A: The following are the effects of granting a new trial or reconsideration:
(1) When a new trial is granted on the ground of errors of law or irregularities committed during the trial,
all proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the
interest of justice, allow the introduction of additional evidence;
(2) When a new trial is granted on the ground of newly discovered evidence, evidence already taken shall
stand, and the newly discovered and such other evidence as the court may, in the interest of justice,
allow to be introduced, shall be taken and considered together with the evidence already in the record;
(3) In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside
and a new judgment rendered accordingly.
The effect of the granting of a new trial is to set aside said judgment so that the case may be tried de novo as if
no trial had been done before. An order granting a new trial rendered in criminal cases is interlocutory but is
controllable by certiorari or prohibition at the instance of the prosecution.
Q: What is the Neypes Rule?

A: The Neypes rule gives the movant a "fresh period" of fifteen (15) days within which to file an appeal, counted
from receipt of the order denying the motion for reconsideration or new trial. (Neypes v. CA, 2005)
Q: What are the effects of an appeal?

A: An appeal has the following effects:
(1) An appeal throws the case wide open for review and the reviewing tribunal can correct errors or even
reverse the trial court’s decision on grounds other than those that the parties raised as error. (Guy v.
People, 2009)
(2) When the accused appeals from a final conviction, he waives the protection on the prohibition against
double jeopardy and runs the risk of being sentenced to a penalty higher than that imposed by the trial
court. (Philippine Rabbit v. People, 2004)
(3) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed
as to the appealing party. (Sec. 11(c), Rule 122, ROC)
Q: What is the effect of an appeal by any of several accused?

A: As a general rule, an appeal taken by one or more of several accused shall not affect those who did not appeal.
However, an exception is when the judgment of the appellate court is favorable and applicable to those who did
not appeal or to those who withdrew their appeal. (People v. Gandia, 2008)
Q: What are the grounds for the dismissal of an appeal?

A: The following are the grounds for dismissal of an appeal:
(1) The People/State cannot appeal when it will put the accused in double jeopardy. The constitutional
mandate against double jeopardy prohibits not only a subsequent prosecution in a new and
independent cause but extends also to appeal in the same case by the prosecution after jeopardy had
attached.
(2) The prosecution cannot appeal from a judgment of acquittal.
(3) Appeal from dismissal of case upon filing of demurrer by the accused.
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(4) Dismissal due to the mistake of TC ruling that it had no jurisdiction (People vs. Duran, 1960).
(5) Appeal by People to correct an imposable penalty ruled by the RTC or to include in a judgment a penalty
erroneously omitted is improper.
Q: What is the nature of search warrant?

A: A search warrant is an order in writing issued in the name of the People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to search for personal property described therein and
bring it before the court. (Sec. 1, Rule 126, ROC)
Q: Distinguish a search warrant from a warrant of arrest.
Search Warrant Arrest Warrant

Concerned with the seizure of personal property Concerned with the seizure of a person so he may be
subject of the offense, stolen or embezzled property, made to answer for the commission of an offense.
fruits of the offense, or those intended to be used to
commit an offense.
Probable cause is the existence of sufficient facts and Probable cause requires sufficient facts that would
circumstances to show that particular things tend to show that a crime has been committed and
connected with a crime are found in a specific that a particular person committed it.
location.
Valid for ten (10) days only.
It is generally served in the day time, unless there be It may be served on any day and at any time of the
a direction in the warrant that it may be served at any day or night.
time of the day or night.
It does not require the existence of a criminal case and It presupposes the existence of a pending criminal
may be issued prior to the filing of a case. case that gave rise to the warrant.
Q: Where should an application for a search warrant be filed?

A: As a general rule, the application for search warrant shall be filed with the court within whose territorial
jurisdiction the crime was committed (Sec. 2, Rule 126, ROC). The following are the exceptions:
(1) For compelling reasons stated in the application:
a. any court within the judicial region where the crime was committed if the place of the
commission of the crime is known, or
b. Any court within the judicial region where the warrant shall be enforced. (Ibid.)
(2) If the criminal action has already been filed, the application shall only be made in the court where the
criminal action is pending (Sec. 2(b), Rule 126, ROC);
(3) For heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms and
ammunitions, as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual
Property Code, the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, it shall be filed
with the Executive judges or whenever they are on official leave of absence or are not physically present
in the station, the Vice Executive Judges of RTCs of Manila and Quezon City shall act on the application
filed by the NBI, PNP and the. Anti-Crime Task Force (ACTAF). (A.M. No. 99-10-09-SC)
Q: What is probable cause in the issuance of a search warrant?

A: Probable cause in the issuance of a search warrant means such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that objects sought in
connection with the offense are in the place sought to be searched. (Century Chinese Medicine Co. v. People, 2013)
Q: What is the rule on the particularity of the place or person to be searched and the items to be seized?
A: The general rule is that the person to be arrested or te property to be seized must be described particularly,
otherwise, it will be considered as a general search warrant which is not allowed. In such instances, the search
and seizure of the items in the implementation of the general warrant shall be illegal and the items seized shall
be inadmissible in evidence (Sec. 2, Art. III, 1987 Constitution).
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Q: What is the rule on personal property to be seized?
A: The property subject of a search warrant shall only be limited to personal property and not real property. The
following are the kinds of property to be seized by virtue of a warrant:
a. Personal property subject of the offense;
b. Personal property stolen or embezzled and other proceeds or fruits of the offense;
c. Personal property used or intended to be used as a means of committing an offense. (Sec. 3, Rule 126,
ROC)
Note: The rule does not require that the property to be seized should be owned by the person against whom the
search warrant is directed. It may or may not be owned by him, it being sufficient that the person aginst whom
the warrant is directed has control and possession of the property sought to be seized. (Yao v. People, 2007)
Q: What are the exceptions to the search warrant requirement?

A: Unannounced intrusion into the premises is permissible under the following circumstances:
(1) A party whose premises or is entitled to the possession thereof refuses, upon demand, to open it;
(2) Such person in the premises already knew of the identity of the officers and of their authority and
persons;
(3) The officers are justified in the honest belief that there is an imminent peril to life or limb;
(4) Those in the premises, aware of the presence of someone outside, are then engaged in activity which
justifies the officers to believe that an escape or the destruction of evidence is being attempted. Suspects
have no constitutional right to destroy evidence or dispose of evidence (People v. Huang Zhen Hua, 2004);
(5) In times of war within the area of military operation;
(6) Warrantless search incidental to a lawful arrest;
(7) Search of evidence in plain view (plain view doctrine);
(8) Search of a moving vehicle (Carroll doctrine);
(9) Consented warrantless search;
(10) Customs search;
(11) Stop and frisk (Terry searches);
(12) Exigent and emergency circumstances;
(13) Search of vessels and aircraft; and
(14) Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations.
(People v. Vasquez, 2014)
Note: These exceptions are not exclusive or conclusive. At times, without the benefit of hindsight and ordinarily
on the spur of the moment, the officer must decide whether or not to make an unannounced intrusion into the
premises. Law enforcement interest may also establish the reasonableness of an unannounced entry.
Q: What are the remedies from an unlawful search and seizure?

A: The following are the remedies from an unlawful search:
(1) File a motion to quash the search warrant;
(2) File a motion to suppress as evidence the objects illegally taken;
(3) File for replevin, if the objects are legally possessed;
(4) Resist the search;
(5) File a criminal action against the public officer or employee as he is criminally liable under Article 129
of the RPC (Search warrants maliciously obtained and abuse in the service of those legally obtained); or
(6) File a motion to return the seized items.
Q: What is the nature of provisional remedies in criminal cases?

A: Provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the
civil action deemed instituted with the criminal action. (Sec. 1, Rule 127, ROC)
Where the civil action arising from a criminal offense is suspended by the filing of the criminal action, the court
wherein said civil case is pending can issue the aforesaid auxiliary writs since such orders do not involve a
determination of the merits of the case
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Q: What are the kinds of provisional remedies?
A: The kinds of provisional remedies under the Rules of Court are the following:
(1) Attachment;
(2) Preliminary injunction;
(3) Receivership;
(4) Replevin; and
(5) Support pendent lite.
EVIDENCE
Q: Concept of Evidence.
A: Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule 128, Revised Rules on Evidence)
Q: Scope of the Rules of Evidence.

A: The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise
provided by law or these rules (Sec. 2, Rule 128, Revised Rules on Evidence), such as in the following:
(1) Naturalization proceedings;
(2) Insolvency proceedings;
(3) Cadastral proceedings;
(4) Land registration cases;
(5) Election cases; and
(6) Other cases as may be provided by law.
NOTE: Rules on evidence do not apply to administrative or quasi-judicial proceedings. Administrative bodies
are not bound by the technical niceties of the rules obtaining in the court of law. (El Greco Ship v. Commissioner of
Customs, 2008)
Q: Distinguish between Factum Probans and Factum Probandum.

Factum Probans Factum Probandum
Factum Probans is the material evidencing the The ultimate facts or proposition sought to be
Factum Probandum. It is the evidentiary fact by established
which the Factum Probandum or the ultimate fact can
be established.
Q: What are the Classes of Documents?

A: The classes of documents are Public and Private.
(1) Public documents are:
a. The written official acts, or records of the official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
b. Documents acknowledged before a notary public except last wills and testaments; and
c. Public records, kept in the Philippines, of private documents required by law to be entered
therein.
(2) Private documents: all other writings (Sec. 19, Rule 132, Revised Rules on Evidence)
Q: When is Evidence Admissible?

A: Evidence is admissible when it is:
(1) Relevant to the issue – evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence. (Sec. 4, Rule 128, Revised Rules on Evidence)
(2) Competent – not excluded by the law or these rules. (Sec. 3, Rule 128, Revised Rules on Evidence)
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NOTE: Any evidence obtained in violation of Section 3 (Privacy of Communication or Correspondence) and
Section 4 (Right against Unreasonable Searches and Seizures) of Article III of the Constitution shall be
Inadmissible for any purpose in any proceeding. (Sec. 3 (2), Art. III, 1987 Constitution)
Q: Distinguish between Burden of Proof and Burden of Evidence.

Burden of Proof Burden of Evidence
Duty of a party to present evidence on the facts in issue Duty of a party to go forward with the evidence to
necessary to establish the claim or defense by the overthrow any prima facie presumption against him.
amount of evidence required by law. (Sec. 1, Rule 131,
Revised Rules on Evidence)
Does not shift throughout the trial. Shifts from party to party depending upon the
exigencies of the case in the course of the trial.
Generally determined by the pleadings filed by the Generally determined by the developments at the trial,
party. or by the provisions of substantive or procedural law.
The burden of proof lies with the party who asserts his/her right. In a counterclaim, the burden of proving the
existence of the claim lies with the defendant by the quantum of evidence required by law. (Ogawa v. Menigisbi,
2012)
Q: What are the different categories of Presumptions?

A:
(1) Presumption of Law – A deduction which the law expressly directs to be made from particular facts.
This is mandatory.
a. Conclusive Presumption – rules determining the quantity of evidence requisite for the support
of any particular averment which is not permitted to be overcome by any proof that the fact is
otherwise, if the basic facts are established. (1 Greenleaf, Ev 44; 29 Am Jur 2d, Evidence 164)  
b. Disputable Presumption - A disputable presumption has been defined as species of evidence
that may be accepted and acted on when there is no other evidence to uphold the contention
for which it stands, or one which may be overcome by other evidence. (People v. de Guzman,
1994)  
(2) Presumption of Fact - A deduction which reason draws from facts proved without an express direction
from the law to that effect. This is not mandatory.
NOTE: A presumption affects the burden of proof that is normally lodged in the State. The effect is to create the
need of presenting evidence to overcome the prima facie case that shall prevail in the absence of proof to the
contrary. As such, a presumption of law is material during the actual trial of the criminal case where in the
establishment thereof the party against whom the inference is made should adduce evidence to rebut the
presumption and demolish the prima facie case. This is not so in a preliminary investigation, where the
investigating prosecutor only determines the existence of a prima facie case that warrants the prosecution of a
criminal case in court. (METROBANK v. Tobias, 2012)
Q: What is the Hierarchy of Evidentiary Values?

A: The Hierarchy of Evidentiary Values consists of the following:
(1) Proof Beyond Reasonable Doubt - does not mean such a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is required, or that degree of proof which produces
conviction in an unprejudiced mind. (Sec. 2, Rule 133, Revised Rules on Evidence)
(2) Preponderance of Evidence - in civil cases, the party having burden of proof must establish his case by
a preponderance of evidence. (Sec. 1, Rule 133, Revised Rules on Evidence)
(3) Substantial Evidence – that amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion. (Sec.5, Rule 133, Revised Rules on Evidence)
(4) Clear and Convincing Evidence - that degree of proof which will produce in the mind of the trier of
facts a firm belief or conviction as to the allegations sought to be established.
Q: When is Judicial Notice Discretionary?
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A: Courts may take judicial notice on:
(1) Matters which are of public knowledge,
(2) Matters which are capable of unquestionable demonstration, or
(3) Matters which ought to be known to judges because of their judicial functions. (Sec. 2, Rule 129, Revised
Rules on Evidence)
Q: Explain the rule on judicial admissions.

A: An admission, verbal or written, made by the party in the course of the proceedings in the same case, does
not require proof. The admission may be contradicted only by showing that it was made through palpable
mistake or that no such admission was made. (Sec. 4, Rule 129, Revised Rules on Evidence)
Q: Distinguish between judicial and extrajudicial admissions.

Judicial Admission Extrajudicial Admissions
(1) Made by a party to the case; (1) The admission is made by a party to the case;
(2) In the course of the proceedings in the same case; (2) It is against interest;
and (3) Made out of court;
Note: As regards judicial admissions made in the (4) Offered and presented in court in an
trial of another case, the same would be admissible manner (e.g. non-hearsay); and
considered an extrajudicial admission for the (5) It is an ACT, OMISSION, or DECLARATION
purpose of the other proceeding where such
admission is offered.
(3) May be verbal or written. (Sec. 4, Rule 129)
Q: What is demonstrative evidence?

A: It is a tangible object that represents or demonstrates the real thing. To be admissible, it must show that the
object fairly represents or illustrates what is alleged to illustrate.
Q: When is documentary evidence admissible?

A: Documentary evidence is admissible when it is:
(1) Relevant to the issue;
(2) Competent – not excluded by the law or the Rules of Court. (Secs. 3, Rule 128, Revised Rules on Evidence)
Q: What are the Rules of Exclusion for Documentary Evidence?

A:
(1) Best Evidence Rule
(2) Parol Evidence Rule
(3) Hearsay and Double Hearsay Rule
(4) Offer of Compromise in Civil Cases – In civil cases, an offer of compromise is not an admission of any
liability, and is not admissible in evidence against the offeror. (Sec. 27, Rule 130, Revised Rules on
Evidence)
NOTE: In criminal cases, an offer of compromise by the accused may be received in evidence as an
implied admission of guilt. (Ibid.)
EXCEPTION: those involving quasioffenses (criminal negligence) or those allowed by law to be
compromised (Ibid.)
(5) Disqualification of Witness by Reason of Mental Incapacity or Immaturity
(6) Disqualification by Reason of Death or Insanity of Adverse Party
(7) Disqualification by Reason of Marriage
(8) Disqualification by Reason of Privileged Communications
Q: What is an electronic document?

A: It is information or the representation of information, data, figures, symbols or other modes of written
expression, described or however represented, by which a right is established or an obligation extinguished, or
by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed,
retrieved or produced electronically.
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It includes digitally signed documents and any print-out or output, readable by sight or other means, which
accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term
"electronic document" may be used interchangeably with "electronic data message." (Sec. 1(b), Rule 2. A.M. No.
01 -7-01 -SC)
Q: When is an electronic document admissible in evidence?

A: An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed
by the Rules of Court and related laws and is authenticated in the manner prescribed by the Rules on
Electronic Evidence. (Sec. 2, Rule 3, A.M. No. 01 -7-01 -SC)
Q: What are the means of authenticating electronic documents?

A: Before any private electronic document offered as authentic is received in evidence, its authenticity must be
proved by any of the following means:
(1) By evidence that it had been digitally signed by the person purported to have signed the same;
(2) By evidence that other appropriate security procedures or devices as may be authorized by the
Supreme Court or by law for authentication of electronic documents were applied to the document; or
(3) By other evidence showing its integrity and reliability to the satisfaction of the judge. (Sec. 2 Rule 5,
A.M. No. 01-7-01-SC)
Q: What is an electronic data message?

A: It refers to information generated, sent, received or stored by electronic, optical or similar means. (Sec. 1(g),
Rule 2, A.M. No. 01 -7-01-SC)
Q: When are electronic documents considered functional equivalent of paper-based documents?

A: Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum or any
other form of writing, such term shall be deemed to include an electronic document as defined in these Rules.
(Sec. 1, Rule 3, A.M. No. 01 -7-01 -SC)
Q: Explain the Best Evidence Rule.

A: When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the
original document itself. An electronic document shall be regarded as the equivalent of an original document
under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect the
data accurately. (Sec. 1, Rule 4, A.M.No. 01 -7-01 -SC)
Q: What are Original Documents?

A: The following are considered original documents:
(1) One the contents of which are the subject of inquiry
(2) All such copies of document executed at or about the same time, and with identical contents. Carbon
copies are deemed duplicate originals; and
(3) All such entries made and repeated in the regular course of business, at/near the time of the transaction.
(Sec. 4, Rule 130, Revised Rules on Evidence)
Q: When are copies of a document considered equivalent of the originals?

A: When a document is in two or more copies, such copies or duplicates shall be regarded as the equivalent of
the original if:
(1) The copies are executed at or about the same time;
(2) The copies have identical contents, or are counterparts produced by the same impression as the original,
or from the same matrix, or by mechanical or electronic rerecording, or by chemical reproduction, or by
other equivalent techniques, which accurately reproduces the original.
Q: When is the Best Evidence Rule applicable?

A: The Best Evidence Rule is applied to Documentary Evidence only. It operates as a rule of exclusion.
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Q: When may secondary evidence be introduced?
A: Secondary evidence may be introduced in the following instances:
(1) Original has been lost or destroyed, or can’t be produced in court, without bad faith on the offeror’s
part;
(2) Original is in the custody or under the control of the party against whom it is offered, and the latter fails
to produce it after reasonable notice
(3) Original consists of numerous accounts or other documents which can’t be examined in court without
great loss of time, and the fact sought to be established from them is only the general result of the whole;
and
(4) Original is a public record in the custody of a public officer or is recorded in a public office.
Q: When is the Parol Evidence Rule applicable?

A: When the terms of an agreement (including wills) have been reduced to writing, it is considered as containing
all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of
such terms other than the contents of the written agreement. (Sec. 9, Rule 130, Revised Rules on Evidence)
Q: What are the exceptions?

A: A party may present evidence to modify, explain or, or add to the terms of written agreement if he puts in
issue in his pleading:
(1) An intrinsic ambiguity, mistake, or imperfection in the written agreement;
(2) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(3) The validity of the written agreement; or
(4) The existence of other terms agreed to by the parties or their successors-in-interest after the execution of
the written agreement (Sec. 9, Rule 130, Revised Rules on Evidence)
Q: What does the Parol Evidence Rule exclude?

A: It excludes all evidence of such terms which may modify, explain or add to the terms of the agreement, other
than the contents in the written agreement. (Sec. 9, Rule 130, Revised Rules on Evidence)
Q: Distinguish between the Best Evidence Rule and the Parole Evidence Rule.
Parol Evidence Rule Best Evidence Rule
No issue as to the contents of a writing Issue is as to contents of a writing
Parol evidence is offered Secondary evidence is offered
Presupposes that original is available Applies when the original is not available
Cannot present any evidence on the contents other than
Cannot add, subtract, or explain the contents
the original
Invoked only if the controversy is between parties to Invoked by anybody, whether a party to the instrument
the agreement or not
Applies only to agreements and wills Applies to all kinds of writing
Q: What is authentication?
A: It is the process of proving the due execution and genuineness of a document. It is needed only in private
documents offered as evidence. Public documents enjoy the presumption of regularity.
Q: Distinguish between public documents and private documents.

Public Documents Private Documents
As a general rule, it is admissible in It must be proved relative to its due execution
evidence without further proof of its and genuineness before it may be received in
genuineness and due execution. evidence
As to authenticity
The exception is where a special rule of law
requires proof thereof.
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Evidence even against 3rd persons, of the Binds only the parties who executed it or
As to persons
fact which gave rise to its due execution and their privies, insofar as due execution and
bound
to the date of the latter. date of the document concerned.
Q: What is the rule on authentication of a private document?

A: Before any private document offered as authentic is received in evidence, its due execution and authenticity
must be proved either:
(1) By anyone who saw the document executed or written; or
(2) By evidence of the genuineness of the signature or handwriting of the maker. (Sec. 20, Rule 132, Revised
Rules on Evidence)
a. Any other private document need only be identified as that which it is claimed to be. Thus, if
not being offered in evidence as genuine, it need not be authenticated.
b. Evidence when presented in court is not automatically presumed authentic. The general rule
therefore is to prove its authenticity unless it is self-authenticating.
Q: When is evidence of authenticity of a private writing not required?

A: The requirement of authentication of private document is excused only in 4 instances, specifically:
(1) When the document is ancient one within the context of Sec. 21, Rule 132 of the Rules of Court;
a. The private document is more than 30 yrs. old;
b. It is produced from the custody in which it would naturally be found if genuine;
c. It is unblemished by any alterations or circumstances of suspicion. (Sec. 21, Rule 132, Revised
Rules on Evidence; Heirs of Lacsa v. CA, 1991)
(2) When the genuineness and authenticity of an actionable document have not been specifically denied
under oath by the adverse party;
(3) When the genuineness and authenticity of the document have been admitted; or
(4) When the document is not being offered as genuine. (Otero v. Tan, 2012)
Q: How do you prove genuineness of a hand-writing?

A: The means or methods by which the handwriting of a person may be proven, which may be either by:
(1) Any witness who believes it to be the handwriting of such person, and has seen the person write; or
(2) Any witness who has seen writing purporting to be his upon which the witness has acted or been
charge and has thus acquired knowledge of the handwriting of such person, or
(3) By comparison made by a witness or the court, with writings admitted or treated as genuine by the
party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.
(Lopez v. CA, 1978)
Q: How is a public record of a public document authenticated?

A: An authorized public record of a private document may be proved by the original record, or by a copy thereof,
attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody.
Q: Who can be a Qualified Witness?
A: All persons who:
(1) Can perceive; and
(2) In perceiving, can make known their perceptions to others.
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided
by law, shall not be a ground for disqualification.
Q: When do the qualifications and disqualifications of witness determined?

A: It is determined as of the time said witness is produced for examination in court or at the taking of their
depositions. (Regalado, 2008)
Q: How can a Witness be disqualified?

A: The disqualifications to a witness are the following:
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By Reason of Mental
By Reason of Death or By Reason of Privileged
Incapacity or By Reason of Marriage
Insanity of Adverse Communications (Sec.
Immaturity (Sec. 21, (Sec. 22, Rule 130, Rules
Party (Sec. 23, Rule 30, 24, Rule 130, Rules on
Rule 130, Rules on on Evidence)
Rules on Evidence) Evidence)
Evidence)
Requisites:
The witness offered for
examination is a party,
or a person in whose
behalf a case is
Mental Incapacity
prosecuted;
Those whose mental General Rule
condition, at the time of During their marriage,
The case is against the
their production for neither the husband nor
executor or
examination, is such that the wife may testify for
administrator or other
they are incapable of or against the other
representative of a 1. Husband and wife
intelligently making without the consent of
deceased or of unsound 2. Attorney and client
known their perception the affected spouse.
mind; 3. Physician and patient
to others.
4. Priest and penitent
Exceptions
The case is upon a claim 5. Public Officers
Immaturity In a civil case by one
or demand against the 6. Parental and filial
Children whose mental against the other; or in a
estate of such person privilege
maturity is such as to criminal case for a crime
who is deceased or of
render them incapable of committed by one
unsound mind;
perceiving the facts against the other or the
respecting which they latter’s direct
The testimony to be
are examined and of descendants.
given is on a matter of
relating them truthfully.
fact occurring before the
death of such deceased
person or before such
person became of
unsound mind.
Q: What is Competency of a Witness?

A: Competency of a Witness refers to the legal fitness or ability of a witness to be heard on the trial of a cause.
(Bouvier's Law Dictionary)
Q: What is the “Test of Credibility”?

A: The test of credibility means that the testimony should not only come from the
mouth of a credible witness, it should likewise be credible and reasonable in itself, candid, straightforward and
in accord with human experience. (People v. Torion, 1999)
When the victim's testimony is straightforward, convincing, and consistent with human nature and the normal
course of things, unflawed by any material or significant inconsistency, it passes the test of credibility, and the
accused may be convicted solely on the basis thereof. Inconsistencies in the victim's testimony do not impair her
credibility, especially if the inconsistencies refer to trivial matters that do not alter the essential fact of the
commission of rape. The trial court's assessment of the witnesses' credibility is given great weight and is even
conclusive and binding. (Medina v. People, 2014)
Q: Distinguish between competency and credibility of a witness.

Competency Credibility
Refers to a witness who can perceive, and
perceiving, can make known his perception others Refers to a witness whose testimony is believable
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Q: What is the scope and applicability of a Judicial Affidavit?
A: All actions, proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari a Circuit Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including
the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies. (Sec. 1(a), A.M. No. 12-8-8-SC)
Q: What are the contents of a Judicial Affidavit?

A: According to Sec.3, A.M. No. 12-8-8-SC, a judicial affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain
the following:
(1) The name, age, residence or business address, and occupation of the witness;
(2) The name and address of the lawyer who conducts or supervises the examination of the witness
and the place where the examination is being held;
(3) A statement that the witness is answering the questions asked of him, fully conscious that he
does so under oath, and that he may face criminal liability for false testimony or perjury;
(4) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court;
(5) The signature of the witness over his printed name; and
(6) A jurat with the signature of the notary public who administers the oath or an officer
who is authorized by law to administer the same.
Q: Is the Judicial Affidavit Rule (JAR) applicable to criminal actions?

A: Yes, provided that:
(1) The maximum of the imposable penalty does not exceed six years;
(2) 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.
Q: What is the effect of non-compliance with the JAR?

A: The party is deemed to have waived his submission of the required judicial affidavits and exhibits.
Q: What is the One-Day Examination Rule?

A: The Rule states that a witness has to be fully examined in one (1) day only. This rule shall be strictly adhered
to subject to the court’s discretion during trial on whether or not to extend the direct and/or cross-examination
for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal offer of
evidence after the presentation of his last witness and the opposing party is required to immediately interpose
his objection thereto. Thereafter, the judge shall make the ruling on the offer of evidence in open court. However,
the judge has the discretion to allow the offer of evidence in writing in conformity with Sec. 35 Rule 132. (Par.
5(i), SC A.M. No. 03-1-09; Bar 2009)
Q: How is examination of defense witness done?

A: The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so
designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior
court to be designated therein.The examination shall proceed notwithstanding the absence of the prosecutor
provided he was duly notified of the hearing.A written record of the testimony shall be taken. (Sec. 13, Rule 119,
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Q: How is an examination of witness for the prosecution done?
A: Examination of the witness for the prosecution shall be conducted in the same manner as an examination at
the trial, in the presence of the accused, or in his absence after reasonable notice to attend the examination has
been served on him. (Sec. 15, Rule 119, Revised Rules on Evidence)
NOTE: Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The
statement taken may be admitted in behalf of or against the accused. (Ibid.)
A witness for the prosecution may be conditionally examined when it satisfactorily appears that a witness for the
prosecution is:
(1) too sick or infirm to appear at the trial as directed by the order of the court, or
(2) has to leave the Philippines with no definite date of returning.
NOTE: The conditional examination is conducted before the court where the case is pending.
Q: What is the order in the examination of an individual witness (Sec.4, Rule 132, Rules on Evidence)
A: The order in the examination of an individual witness are the following:
(1) Direct examination – is the examination-in-chief of a witness by the party presenting him on
the facts relevant to the issue.
(2) Cross examination – done by the adverse party after the termination of the direct examination
of the witness of the other party either to discredit the witness, his/her terstimony, clarify certain
matters and/or elicit admission from witnesses.
(3) Re-direct examination – done after the cross-examination of the witness has been concluded
to explain or supplement his answers given during cross-examination.
(4) Re-cross examination – done after the conclusion of the re-direct examination to re-cross examine
the matters stated in his/her re-direct examination and on such other matters may be allowed by the court in its
discretion.
(5) Recalling the witness – done after the examination of a witness by both sides has been
concluded with leave of court.
Q: What is a leading question?

A: It is a question which suggests to the witness the answer which the examining party so desires.
Q: Are leading questions allowed?

A: As a general rule, no it is no allowed because leading questions cause the witness to testify in accordance
with the suggestion rather than a genuine recollection of events.
As an exception, leading questions are allowed on:

(1) cross-examination;
(2) preliminary matters;
(3) difficulty in getting a direct and intelligible answers;
(4) unwilling or hostile witness; and
(5) adverse party or an officer, director or a corporation or partnership which is an adverse party.
NOTE: Also, SC has allowed leading questions, when the witness is immature, aged and infirm, in bad
physical condition, uneducated, ignorant, unaccustomed to court proceedings, feeble-minded, confused, has
slow comprehension, deaf and dumb, unable to speak or understand English (People vs. Dela Cruz, 2002).
Q: What is a misleading question?

A: It is a question which assumes ffacts not in evidence or without sufficient basis or which assumes testimony
or proof which has not been given.
Q: Are misleading questions allowed?

A: As a general rule, no, it is not allowed.
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As an exception, misleading questions can be allowed when the same is waived or when such questions are
directed to an expert witness.
Q: How can an adverse party’s witness be impeached?

A: A witness can be impeached:
(1) By the party against whom he was called;
(2) By contradictory evidence from testimony in the same case;
(3) By evidence of bad character;
(4) By evidence of bias, interest, prejudice or incompetence;
(5) By evidence of mental, sensory derangement or defect; and
(6) By evidence of conviction of an offense which affects credibility of witness (People vs. Givera
349 SCRA 573 (2001)
Q: How is the witness impeached by evidence of inconsistent statements (laying the predicate)?
A: A witness can be impeached by laying the predicate:
(1) By confronting him with such statements, with the circumstances under which they were made;
(2) By asking him whether he made such statements; and
(3) By giving him a chance to explain the inconsistency.
Q: Does the evidence of a Good Character of a witness admissible?

A: No, it is inadmissible until such character has been impeached.
Q: What are the two branches of Res Inter Alios Acta?

A: The two branches of the Res Inter Alios Acta are:
(1) The rule that the rights of a party cannot be prejudiced by an act, declaration or omission of another.
(2) The rule that evidence of a previous conduct or similar acts at one time is not admissible to prove that
one did or did not do the same act at another time. (Sec. 34, Rule 130, Revised Rules on Evidence)
Q: What is the first branch of Res Inter Alios Acta?

A: The rule on Res Inter Alios Acta provides that the rights of a party cannot be prejudiced by an act, declaration,
or omission of another. The reason for this rule is that: on a principle of good faith and mutual convenience, a
man’s own acts are binding upon himself, and are evidence against him. So are his conduct and declarations. Yet
it would not only be rightly inconvenient, but also manifestly unjust that a man should be bound by the acts of
mere unauthorized strangers; and if a party ought not to be bound by the acts of strangers, neither out their acts
or conduct be used as evidence against him. (Tamargo v. Awingan, 2010)
Q: What are the Exceptions to the first branch of Res Inter Alios Acta?
A: The Exceptions to the first branch of the Res Inter Alios Acta Rule, including their requisites, are the following:
(1) Admission by co-partner or agent (Sec. 29, Rule 130, Revised Rules on Evidence);
a. The act or declaration was made by a partner or agent of the party within the scope of his
authority;
b. It was made during the existence of the partnership or agency;
c. The partnership or agency is shown evidence other than such act or declaration.
(2) Admission by conspirator (Sec. 30, Ride 130, Revised Rides on Evidence);
a. The act or declaration of a conspirator must relate to the conspiracy;
b. It was made during the existence of the conspiracy;
c. The conspiracy is shown by evidence other than such act of declaration.
(3) Admission by privies (Sec. 31, Rule 130, Revised Rules on Evidence);
a. The act or declaration was made by the predecessor-in-interest, from whom the party derives
title to a property (relation of privity);
b. The act, declaration, or omission of the -predecessor-in-interest was made while the party is
holding the title;
c. The act or declaration is in relation to the property.
(4) Admission by silence (People v. Paragsa, 1978)
a. Party heard and understood the statement;
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Animo Notes
b. He was at liberty to interpose a denial;
c. The statement was in respect to some matter affecting his rights or in which he was then
interested, and calling, naturally, for an answer;
d. The facts were within his knowledge; and
e. The fact admitted or the inference to be drawn from his silence would be material to the issue.
Q: Define confession.
A: Confession is the declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein, may be given in evidence against him. (Sec. 33, Rule 130, Revised Roles on Evidence)
An extrajudicial confession is binding only on the confessant, is not admissible against his or her co-accused and
is considered as hearsay against them. (Tamargo v. Awingan, 2010)
While a judicial confession by the accused may sustain a conviction, an extrajudicial confession is not sufficient
for conviction. The rule requires that the confession be corroborated by evidence of corpus delicti. (Sec. 3, Rule
133, Revised Rules on Evidence; People v. Robles, 2000)
Q: Distinguish between Confession and Extrajudicial Admission.

A: In a confession, there is an acknowledgment of guilt; in an admission, there is merely a statement of fact not
directly involving an acknowledgement of guilt or the criminal intent to commit the offense with which one is
charged. (Secs. 26 and 33, Rule 130, Revised Rules on Evidence)
Q: Distinguish between Extrajudicial and Judicial Confession.

A: An extrajudicial confession maybe given in evidence against the confessant but not against his co-accused as
they are deprived of the opportunity to cross examine him. A judicial confession is admissible against the
declarant’s co accused since the latter are afforded opportunity to cross examine the former. (PPL v. Janjalani,
2011)
Q: What is the second branch of Res Inter Alios Acta?

A: Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did
not do the same or similar thing at another time.
Q: What is the general rule on hearsay rule?

A: A witness can testify only to those facts, which he knows of his personal knowledge; which are derived from
his own perception. (Sec. 36, Rule 130, Revised Rules on Evidence)
Q: What are the exceptions to the hearsay rule?

A: The exceptions are:
(1) Dying declaration (Sec. 37, Rule 130, Rules on Evidence)
a. The dying declaration of a person, made under the consciousness of an impending death, may
be received in any case wherein his death is the subject of inquiry, as evidence of the cause
and surrounding circumstances of such death.
b. A testimony made in dying declaration where it is not is established that it was testified at the
point of death cannot be admitted as hearsay but can be admitted as part of res gestae (People v.
Laquinon, 1985)
(2) Declaration against interest (Sec. 38, Rule 130, Rules on Evidence)
a. The declaration made by a person deceased, or unable to testify, against the interest of the
declarant, if the fact is asserted in the declaration was at the time it was made so far contrary
to declarant’s own interest, that a reasonable man in his position would not have made the
declaration unless he believed it to be true, may be received in evidence against himself or his
successors in interest and against 3rd persons.
(3) Act or declaration about pedigree (Sec. 39, Rule 130, Rules on Evidence)
(4) Family reputation or tradition regarding pedigree (Sec. 40, Rule 130, Rules on Evidence)
(5) Common reputation (Sec. 41, Rule 130, Rules on Evidence)
(6) Part of res gestae (Sec. 42, Rule 130, Rules on Evidence)
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Animo Notes
(7) Entries in the course of business (Sec. 43, Rule 130, Rules on Evidence)
(8) Entries in official records (Sec. 44, Rule 130, Rules on Evidence)
a. Entries in official records made in the performance of the duty of a public officer or in the
performance of duty specially enjoined by law, are prima facie evidence of the facts therein
stated. (Dimaguila v. Monteiro., 2014)
(9) Commercial lists and the like (Sec. 45, Rule 130, Rules on Evidence)
(10) Learned treaties (Sec. 46, Rule 130, Rules on Evidence)
(11) Testimony or deposition at a former proceeding (Sec. 47, Rule 130, Rules on Evidence)
NOTE: Independent relevant statement is a statement not prohibited by the hearsay rule if it is merely offered
for proving the fact that the statement was made (United States v. Zenni, 492 F Supp. 464 (1980))
Q: What is the Opinion Rule?

A: Opinion Rule provides that, as a general rule, the opinion of a witness is not admissible. (Sec. 48, Rule 130,
Q: What are the two (2) exceptions to the Opinion Rule?

A: As an exception to the Opinion Rule, the following are admissible as evidence:
(1) Opinion of an expert witness: on a matter requiring special knowledge, skill, experience or training
which he is shown to possess. (Sec. 49, Rule 130, Revised Rules on Evidence)
(2) Opinion of an ordinary witness: for which proper basis is given, with respect to:
a. The identity of a person about whom he has adequate knowledge;
b. The handwriting with which he has sufficient familiarity; and
c. The mental sanity of a person with whom he was sufficiently acquainted. (Section 50, Rule 130,
NOTE: The ordinary witness may also testify on his impressions of the emotion, behavior, condition or
appearance of a person. (Ibid.)
Q: Is the Character of a Party admissible as Evidence?

A: As a general rule, character evidence is generally not admissible. The exceptions are as follows:
(1) In Criminal Cases:
a. The accused may prove his good moral character which is pertinent to the moral trait involved
in the offense charged;
b. Unless in rebuttal, the prosecution may prove the accused’s bad moral character which
pertinent to the moral trait involved in the offense charged;
c. The good or bad moral character of the offended party may be proved if it tends to establish in
any reasonable degree the probability or improbability of the offense charged. (Sec. 51(a), Rule
130, Revised Rules on Evidence)
(2) In Civil Cases: Evidence of the moral character of a party is admissible only when pertinent to the issue
of character involved in the case. (Sec. 51(b), Rule 130, Revised Rules on Evidence)
Q: Explain the rule on Formal Offer of Evidence. When is it necessary?

A: General Rule: The court shall consider no evidence which has not been formally offered. The purpose for
which the evidence is offered must be specified. (Sec. 34, Rule 132, Revised Rule on Evidence)
Exception:
(1) In a summary proceeding because it is a proceeding where there is no full-blown trial;
(2) Documents judicially admitted or taken judicial notice of;
(3) Documents, affidavits, and depositions used in rendering a summary judgment;
(4) Documents or affidavits used in deciding quasi-judicial or administrative cases (Bantolino v. Coca Cola
Bottlers, 2003); and
(5) Lost objects previously marked, identified, described in the record, and testified to by witness who had
been subjects of cross- examination in respect to said objects (Tabuena v. CA, 1991)
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The offer must be made at the time the witness is called to testify. Documentary and object evidence shall be
offered after the presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by
the court to be done in writing, (Sec. 35, Rule 132, Revised Rules on Evidence)
Q: Explain the rule of Tender of Excluded Evidence.

A: The procedure in Section 40 is known as offer of proof or tender of excluded evidence and is made for
purposes of appeal. If an adverse judgment is eventually rendered against the offeror, he may in his appeal
assign as error the rejection of the excluded evidence. The appellate court will better understand and appreciate
the assignment of error if the evidence involved is included in the record of the case (Cruz-Arevalo v. Querubin-
Layosa, 2006)
If an exhibit sought to be presented in evidence is rejected, the party producing it should ask the courts
permission to have the exhibit attached to the record. Any evidence that a party desires to submit for the
consideration of [a higher] court must be formally offered by him otherwise it is excluded and rejected and
cannot even be taken cognizance of on appeal. (Catacutan v. People, 2011)
SPECIAL RULES
Q: What are the prohibited pleadings and motions under the Revised Rules on Summary Procedure?
A: The following are prohibited:
(1) Motion to dismiss the complaint or to quash the complaint or information except on the ground
of lack of jurisdiction over the subject matter or failure to comply with the requirement of
Barangay Conciliation Proceedings under P.D. 1508;
(2) Motion for Bill of Particulars;
(3) Motion for New Trial or for Reconsideration of a judgment or for reopening of trial;
(4) Petition for Relief from Judgment
(5) Motion for extension of time to file pleadings, affidavits or any other paper;
(6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the
court;
(8) Motion to declare defendant in default;
(9) Dilatory motions for postponement;
(10) Reply;
(11) Third-party complaints;
(12) Interventions. (Rules on Summary Proceedings, Rule IV, Sec. 19)
Q: What are the prohibited pleadings and motions under the Rules of Procedure of Small Claims Cases?
(1) Motion to dismiss the Statement of Claims
(2) Motion for Bill of Particulars
(3) Motion for New Trial or for Reconsideration of a judgment or for reopening of trial;
(4) Petition for Relief from Judgment
(5) Motion for extension of time to file pleadings, affidavits or any other paper;
(6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the
court;
(9) Dilatory motions for postponement;
(10) Reply and rejoinder
(11) Third-party complaints;
(12) Interventions. (2016 Revised Rules of Procedure for Small Claims Cases, Sec. 16)
Q: What are the prohitibited pleadings and motions under the Rules of Procedure for Environmental Cases?
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Animo Notes
(1) Motion to dismiss the complaint;
(2) Motion for a Bill of Particulars;
(3) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed
fifteen (15) days;
(5) Reply and rejoinder; and
(6) Third-party complaint. (Rules of Procedure for Environmental Cases, Rule 2 Sec. 2)
Q: What is SLAPP?
A: SLAPP stands for Strategic Lawsuit Against Public Participation. It refers to a legal action, whether civil,
criminal or administrative, brought against any person, institution or any government agency or local
government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any
legal recourse that such person, institution or government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights.
Q: What is Writ of Kalikasan?

A: It is a writ available to a natural or juridical person, entity authorized by law, people’s organization, non-
governmental organization or any public interest group accredited by or registered with any government agency
on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened
with violation by an unlawful act or omission of a public official or employee, or private individual or entity,
involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
Q: What is Writ of Continuing Mandamus?

A: It is a writ issued by a court in an environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain
effective until fully satisfied.
Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence.
- Helen Keller
Remedial Law 94
Animo Notes

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations 2018

Q: Explain the Doctrine of Hierarchy of Courts.

Q: Explain the Doctrine of Exhaustion of Administrative Remedies.

Q: What is the Doctrine of Primary Jurisdiction?

GENERAL PRINCIPLES ON JURISDICTION

Q: How is jurisdiction determined?

Q: Is lack of jurisdiction a valid defense?

Q: Is the non-payment of docket fees a jurisdictional requirement?

Q: What cases fall under the jurisdiction of the Supreme Court?

Q: What cases fall under the jurisdiction of the CA?

NOTE: Exclusive of Interest, Damages of whatever kind, Attorney’s fees, Litigation

With the SC and CA

With the SC, CA and Sandiganbayan

With the Insurance Commissioner

Q: What cases fall under the jurisdiction of the Sandiganbayan?

Q: What is jurisdiction over the subject matter?

Q: How is jurisdiction over the subject matter conferred?

Q: How is jurisdiction over the plaintiff acquired?

Q: How is jurisdiction over the defendant acquired?

Q: How is jurisdiction over the issues conferred?

Q: How is jurisdiction over the res acquired?

Q: Explain the Totality Rule.

Q: Distinguish between an ordinary civil action and a special proceeding

Q: Distinguish between personal action and real action.

Q: Differentiate an action in personam, in rem, and quasi in rem.

Q: When is a cause of action deemed sufficient?

Q: Distinguish right of action and cause of action.

Q: When are alternative defendants allowed?

Q: Distinguish between compulsory joinder of parties from permissive joinder of parties.

Q: What is the proper remedy when there is misjoinder of parties?

Q: What is the effect of non-joinder of parties?

Q: What is the effect of death of a party-litigant upon a pending action?

Q: What are the requisites of class suits?

Q: What is the venue of actions against non-residents?

Q: When are the rules on venue not applicable?

Q: What is the venue of real actions?

Q: What is the venue of personal actions?

Q: What is the effect of unsigned pleading?

Q: What is the significance of verification?

Q: Define Forum Shopping (2006 Bar)

Q: Distinguish between a compulsory counterclaim and a permissive counterclaim.

Q: What are ultimate facts?

Q: When must a specific denial be made under oath?

Q: What is the effect of failure to make a specific denial?

Q: What is a negative pregnant?

Q: What is the effect of failure to plead?

Q: What is the effect of failure to plead a compulsory counterclaim and cross-claim?

Q: What are the remedies against an order of default?

Q: What is the effect of order of default?

Q: What is the effect of partial default?

Q: What is the extent of relief in case of default?

Q: When is default not allowed?

Q: Upon whom shall service be made?

Q: What are the modes of service of pleadings?

Q: When may an amendment be made?

Q: When may amendments to conform to or authorize presentation of evidence be made?

Q: How is substituted service made?

Q: What are the requisites for extra-territorial service?

Q: When is extra-territorial service allowed?

Q: What is the rule on voluntary appearance?

Exception: Special appearance to file a motion to dismiss.

Q: When may constructive service (by publication) be resorted to?