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    0 2017 REMEDIA!. LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. —<—$<_—<— —$— $$ PRAYER FOR THE BAR EXAMINATIONS © God, we come before You this day, ‘as we are preparing/studying for the bar examinations, This is the most important event in our lives, ‘one full of consequences for our own future, ‘and for the hopes and expectations of many who love us and ‘are concerned for us. our parents and relatives, our friends, ‘our professors who have worked hard to prepare us for it. We ask for help. Make our memories ready to recall all the knowledge we have stored in them by our study, Help us to understand the full meaning of the questions and to see the exact answers. Give us the facility of expression to answer clearly and accurately. Give us peace of soul that we may not get upset under the pressure of the task. | ‘We do not ask this by our own merits. ‘We cannot point to our faithful service in the past as deserving of this special help. We have in fact been careless and disobedient, We ask this from Your Fatherly mercy and compassion through Your Son, our Lord Jesus Christ. Listen to our prayers through the intercession of our Blessed Mother, ‘patroness of our University and of St. Thomas More, patron of our Law School, Amen. eee 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. Pssst... Makapal kaya yung Blue Tips ng REM? ‘Sana ma-NEYPES lang. ial thanks to Justice Magdangal de Leon, Judge Jose Lorenzo Dela Rosa, Atty. Francis ‘Lim, Alty. Stephen George Aquino, Ally. Jorge Melo, and Atty. Laurence Arroyo Specie 6 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. a! CIVIL PROCEDURE Q1: What is a memorandum decision? ‘The judgment or ina resolution of the appellate court which adopts by reference (7 findings of Te sey er clusioné of law contained in the decision of the trial court. (Solid Homes v Laserna, 2008) 2: What is the final judgment rule? (BERSANIN) The tue ‘abuse of discretion ‘tof any branch or instrumentality of the ‘Gmounting to lack or excess of jurisdiction on the pay unting to Jartnere is no other claim speedy remedy available 10 2 party in the ordinary Course of law. (PALS Suggested Answers) sal ‘ARTICLE Vill, SECTION 1 RULE 65 Governs a branches orinstrumentaities | Limited to acts done without or in excess of ‘of the government as long as there is @ futisdiction or grave abuse of discretion Grave abuse of discretion amounting to] amount © Tack or excass of jurisdiction, by @ tack or excess of jurisdiction ‘tribunal, board or officer exercising judicial or ‘quasi-judicial functions only. ition together with a Writ of Amparo? ides that if the allegations in the petition are proven the prvilege of the writ and such reliefs as may @32: Can the court issue a writ of prohibit Yes. The Rules on the Writ of Amparo provi by substantial evidence, the court shall grant 2d proper and appropriate, (Section 18, A.M 07-9-12-SC) 933: What are the different kinds of Amparo petitions? What began as a protection against acts ot omissions of Constitutional rights later evolved for several purposes: Smo Hberad forthe protection of personal freedom, equivalent tothe hebeas corbus wit; 2. Smparo contra lees forthe judicial review of the consttutionality of statutes: F araro casacion forthe jusicial review of the constitutional and legality of a judicial decision; mipero administrativo forthe judicial review of administrative actions: and arparo agrar forthe protection of peasants’ rights derived from the agrarian reform process. (Secretary of National Defense v. Manel, 2008) f public authorities in violation of 34: What are the rules in appeals from the decisions/orders of t! ‘Ombudsman? jers of the Office of the NATURE OF CASE REMEDY ‘Administrative a. General Rule: ‘a. Rule 43 to the CA (Fabian v. Desierto, 1998) b. @) Absolved, of (i) Convicted but penatty | b. Rule 65 to the CA (Dagan v. OMB, imposed is public censure or reprimand, | 2013) suspension of not more than one month, of Ty 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited, oo — — fine equivalent to one month's salary eral riminal Rule 65 to the SC (Perez v. OMB, 2004) Consolidated Administrative and Criminal | Rule 43 to the CA OR Rule 65 fo the SC at the option of the appeliant/petitioner (Cortes v. OMB, 2013) Q35: Differentiate review on certiorari (Rule 45) v. petition for certiorari (Rule 65). RULE 48 RULEss | Purpose -{a7es0Nve a question ofiaw | To correct an error of jurisdiction | or grave abuse of discretion _| Nature “ppeal, Rents, @ continuation of Independent and orginal action | onginal case = = aa Parties Grinal parties tothe adion | Aagrieved “par against our court or quasi-judicial agency and __| prevailing party _____ [where filed ‘Supreme Court TRTC, CA, Sandiganbayan, aa a COMELEC, SC (Note: hierarchy \_ of courts must be observed) _| Subject matter “jadgment, fal order, of] May be directed egeinst resolution of CA, | interlocutory order of the lower etenbayan, GTA, RTC, of | court prior to an appeal from the Seer courts whenever | judgment or when there iS 0 authorized by aw ‘appeal or any plain, speedy, oF adequate remedy a frat order, of resolution of from | of judgment, order, resolution oF Seaial of motion for new tial or | form denial of motion for new tial ‘motion for reconsideration. ‘or motion for reconsideration, ‘whether or not such is required | Necessity of motion | Not required Generally, motion for for consideration reconsideration is condition precedent i [Effect of fing Siays the Judgment, order, or| Does not inferupt the course of resolution appealed from the principal, unless a temporary restraining order or a writ of preliminary injunction has been | issued L {duslice De Leon, Appellate Remedies) 36: What is the effect of the dismissal of the principal action to the ancillary remedy? ftis also dismissed. As ancillary remedies, they are dependent upon the principal action. (United ‘Alloy Philippines v. UCPB, 2015) Q37: What is the proper remedy to raise constitutional issues and to review and/or prohibit or nullify the acts of legislative and executive officials? Certiorari to the Supreme Court under Rule 65 and in accordance with the Constitution. The remedies of certiorari and prohibition are necessarily broader in scope and reach, and the writ of ‘ertiorar or prohibition may be issued to correct errors of jurisdiction committed not only by @ tribunal, corporation, board or officer exercising judicial, quastjudicial, or ministerial functions eS ry) OTE, esses 0 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. but also to set right, undo and restrain any act of grave abuse of discretion amounting to lack or excess of jurisdiction by any branch or instrumentality of the Government, ever! if the latter does not exercise judicial, quasi-judicial or ministerial functions. (Araullo v. Aquino, 2014) 038: What is the difference between preliminary citation and peremptory writ? Prelimmnary cation lies against a public official to require him to appear and show cause Wty the peremptory writ should not be granted, while a peremptory writ unconditionally ‘commands the puble offelal to have the body of the detained person before the court at a time and place therein specified. (Lee Yick Hon v. Insular Collector of Customs, 1921) Q39: Will the writ of habeas data lie against any violation of right to privacy? Fae vulinvatof tne wrt requires the existence of a nexus between the right to privacy on the eo hand! and the right to Ife, liberty, or security on the other. Thus, the existence of a person's Tight to informational privacy and a showing, at least by substantial evidence, of an actual or fovetened violation of the right to privacy in life, liberty, or security of the victim are indispensable before the privilege of the writ may be extended. (Vivares v. STC, 2074) 40: What are the modes of discovery avaitable under the Rules of Court? 1. Depositions pending action (Rule 23) 2. Depositions before action or pending appeal (Rule 24) 3. Interrogatories to parties (Rule 25) 4, Admission by adverse party (Rule 26); 5. Production or inspection of documents and things (Rule 27) &. Physical and mental examination of persons (Rule 28) Q44; Distinguish real party-in-interest from locus standi. Tho rule concerning real party-in-interest is applicable to private litigation, while the rule on ocus standi applies to genuine issues of constitutionality. (Kilosbayan v. Morato, 1995) 942: Differentiate Preliminary Injunction, Temporary Restraining Order, and Status Quo Ante Order. PRELIMINARY INJUNCTION | TEMPORARY RESTRAINING | STATUS QUO ANTE ORDER ORDER { PURPOSE To prevent future injury and | To preserve the status quo | To maintain the status quo raptain the status quo for the | ante until the hearing of the __| ante or the condition prevailing Guration of the proceedings | application for preliminary _| before the controversy until injunction further orders by the Supreme Court REQUISITES {@) Verified application; ‘Same with preliminary Ifissued by the Supreme (6) Application must show | injunction. Court — facts entitling the applicant to the relief demanded; RO shall be acted upon only | Where the conservation of the (©)A bond must be filed, after the sheriffs return of | status quo is desirable or unless exempted service and/or the records are | essential. (@) Prior notice and hearing for | received by the branch ITissued by a lower court — the party/persons sought to be | selected by raffle, ‘Must comply with requisites enjoined. for a TRO under the Rules. Tey} CURR Ger 0 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. WHERE TO FILE Pl and TRO: RTC of the judicial region where the act sought to be enjoined is threatened to bbe committed; Court of Appeals; Supreme | \Court | PERIOD OF EFFECTIVITY ee RTC — 20 days, non- RTC — the period of effectivity ‘extendible (including the is the same as that of a TRO original 72 hours) Until the final disposition of the principal action ‘SC — until the final disposition A= may be effective for €0._ | of the principal action oF a5 GANS trom service on the party | may be directed by the or person sought to be ‘Supreme Court enjoined SC - may be effective until further orders Q43: What is the provisional remedy available to a possessor deprived of his possession through forcible entry? He may fle a wit of preliminary mandatory injunction to restore him in his possession. (Art. 539, Civil Code of the Phi.) CRIMINAL PROCEDURE Qas: For Sandiganbayan to have jurisdiction over officers as enum rated under RA Seago" when should they be officers? At the time of commencement of action or at time cof commission of the crime? eerie of the commission ofthe crime, from the wording of RA 10660, “where ore more AL ne te oad are officals at the time of the commission of the offense.” (Sec. 4(a), RA 10660) Q45: Which court has jurisdiction over private individuals charged as co-principats, Sccomplices, or accessories with public officers or employees? {SERSAMIN) In case private individuals are charged as co-princpals, accomplices, oF Cae a aaa yth public officers or employees, including those employed in government owned aceite corporations, they shall be tried jointly with said public officers and employees fhe proper courts which shal exercise exclusive jurisdiction over them, (Oisiniv. ‘Sandiganbayan, 2013) Q46: Is the allegation of “treachery” in an information sufficient without the details constituting the same? {SERSAMIN) No. The ultimate facts and circumstances must be alleged. (People v valdez, 2013) Q47: What must be averred in an information charging an offense for violating the Anti- Hazing Law? Under Section 6, Rule 110 of the Rules of Court, the information must include both ‘the designation of the offense given by the statute” and "the acts or omissions complained of as ‘constituting the offense.” Plain reference to a technical term (i.e. hazing) is insufficient, a8 i is @ rere conclusion of law. Also, the reference to “psychological pain and physical injuries” without statement that the "purported acts were employed as a prerequisite for admission or entry into the organization’ is insufficient. (People v. Bayabos, 2015) SY CENTRALL QS) BAR SUNS ces ra 0 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. Q48: What must be alleged in an information for qualified rape? The State is mandated to sufficiently allege in the information and to completely pice during trial the qualifying circumstances of minority and relationship with the same certainty, a8 the crime itself This is because conviction based on qualified rape not only condemns him to nae smote] anes asec i to an even greater liability. (People v. Jaranilla, 48: What is the rule on venue for estafa? sre crrve of esto is a continuing oF transitory offense which may be prosecuted at the Place where any of the essential elements of the crime took place, One of the essential elements of stata is Homage or prejudice to the offended party. In cases where the offended party © © juridical entity, the court which has jurisdiction over its principal place of business the proper seit, Wocase such is presumed to be where the damage is caused. (Buaya v Polo, 1989) Q50: Under what circumstances as provided in the Revised Rules of C does probable cause need to be established? + Pty the investigating ofcer in a preliminary investigation (Section 1 and 3, ule 112) 2. By a judge in the issuance of warrants of arrest or commitment orders (Section 6 and 9, Rule 112), 3, By a peace officer or private person in making a warrantless arrest (Section 5(b), Rule 113) 4. By a judge in the issuance of search warrants (Section 4, Rule 126) nat thee Goes. the evidence necessary to establish probable cause is based only on the jikelihood, of probability of guit. (Estrada v. OMB, 2015) inal Procedure (Q51: Can there be a reservation of the civil aspect for violations of BP 22? GSERSAMIN) No, there can be no reservation to fie such civi action, (Sec, 1), Rule 117 Heirs of Eduardo Simon v. Eivin Chan and CA, 2011) 052: Gan the civil action corresponding to a criminal action pending before the ‘Sandiganbayan be reserved? Fase ning of the criminal action shall be deemed to necessarily carry with tthe fing Ofte Meee et no right to reserve the fling of such civil action separately from the criminal Setion shall be recognized. (P.D. No, 1606, as amended by R.A. No. 10660, Sec. 4) Q53: Can an independent civil action be a prejudicial question? (GERSAMIN) No, Under Rule 111, Section 3 of the Revised Rules on Criminal Procedure. (ee Races provided in Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be brought by the offended party, and it shall proceed independently of the criminal action. (Consing, Jr. vs. People, 2013) {Q54: Gan the pendency of the administrative case be considered as a ground to suspend the criminal case on the ground of prejudicial question? {BERSAMIN) No. The concept of a prejudicial question involves a civil action and a criminal sere As an exception, an administrative case raises a prejudicial question sufficient to suspend the criminal case if the action is civil in nature and cannot be instituted except in the ‘administrative agency concerned. (San Miguel Properties vs. Sec. Perez, 2013) QS5: Does an action for rescission constitute a prejud case? Ro. The issue in the criminal actions upon the violations of Batas Pambansa Big. 22 is, whether DP not the accused issued the dishonored checks knowing them to be without funds upon presentment. On the other hand, the issue in the civil action for rescission is whether or not the Breach in the fulfilment of the obligation warranted the rescission of the conditional sale. (Reyes v. Rossi, 2013). I question to a B.P. 22 criminal Q56: What are the purposes of preliminary investigation? TE Se / © 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. — eee {BERSAMIN) Torte determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof. 2. To preserve evidence and keep the witnesses within the control of the State. 3. ye BStermine the amount of bai, ifthe offense is bailable. (Callo-Caridad v. Esteban, et , 2013) 57: Can the Secretary of Justice conduct motu propio review of tt Prosecutor's. affirmance of former resolutions issued by previous investigating prosecutors without conducting an actual reinvestigation of the case? eros athe Secretary of Justice is empowered to review the actions of 'he Provincial Fiscal during the preliminary investigation or the reinvestigaion By virtue of Session ‘4, Rule 112 of the Rules wre Pret which recognizes the Secretary of Justice's power {0 ew the actions of the isougating prosecutor, even motu proprio. (Fortaleza v. Gonzales, 2016) Q58: Is the respondent entitled to copies of co-respondent affidavit, as well as the Gehscripts of the clarificatory hearings conducted by the ‘Ombudsman with said co- respondent? ree sernye, the Court had already resolved in detal that under both Rule 112 of the 2000 aon rectal Procedure and Section 4, Rule I ofthe Rules of Procedire of the Office of the Be et oar respondent to a preliminary investigation proceed ‘only entitled to the Ombudsman mitted by the complainants, and not to those submitted PY @ co-respondent. (Reyes v. OMB, 2016) Q59: Can a judge issue a warrant of arrest even though the preliminary investigation Is not yet finished? (SERGAMIN) Section 6(b) of Rule 112 also states that the investiact Cg judge could issue 2 (aes 2 during the preliminary investigation even without awatting its concise should warrant of asa examination in wrting and under oath of the complainant and ine wieerese in Pe fn ot pearching questions and answers that a probable cause existed. fd at there was the form of placing tne respondent under immediate custody in order not to frustrate the ends, of justice. (Mangila v. Pangilinan, 2013) Q60: Is consent considered invalid if It fs premised on one's belief that there are no prohibited items in his bag? prohibited ret that no inenminating evidence would be found does net negate vali consent & No, One's Penn ineriminating tems are found. His or her belief must be measured against the totality ofthe circunstances. (Dela Cruz v. People, 2016) 64: May the defense file a motion for judicial declaration of probable cause when 4 oer of arrest or a commitment order has already been issued or when arraignment has already been sot? has areaty on shall be denied by the courts, Section 6 of Rule 112 specifically provicies that No rea warrant of arrest of @ commitment order may be issued by the judge, there must fret Per jucclal determination of probable cause by the judge himself. In one case, it was held that oe an for judicial declaration of probable cause Is moot and academic when a warrant of arrest is subsequently issued. (Hao v. People, 2014) 962: Where should the bail bond be filed? ee ia iy (a), Rule 114 ofthe Revised Rules on Criminal Procedure, the bail Bond may Under Section Tanne court where the case Is pending, or with any RTC of the place of arrest or san Shy judge of the MTC or the MTC of the place of arrest. (Tormis v. Judge Paredes, 263: What is the difference between custody of the law and custody of the body? ey ES }; 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. ed of his own will of the law is literally detention. (David v. Custody of the law signifies restraint on the person, who is thereby deps' liberty, binding him to become obedient to the will of the law. Custody custody over the body of the accused. It includes, but is not limited to Aghay, 2015) Q64: When is bail a matter of right? 1. Before or after conviction by the MTC; and 2. Before conviction by RTC for all offenses punishable b) perpetua, death, or life imprisonment. (Sec 4, Rule 114) yy a penalty lower than reclusion Q65: When is bail a matter of discretion? “1. Before conviction, in offenses punishable imprisonment 2, for convietion by the RTC of a non-capital offense, (Sec ifthe penalty imposed by the trial court is imprisonment exceeding 6 years, the accused shall be I the pea aris ball cancelled upon a showing by the prosecute ‘of the following: ee oa erad ig a recidvis, quasirecidvist, or habitual delinave frime aggravated by the circumstance of reiteration: : 2, That he has previously escaped from legal confinement, evaded sentence, or violated the condition of his bail without valid justification: Teatro committed the offense while under probation, parole, oF conditional pardon; That he corcumstanies of his case incicae the probably of iOht f released on bail; or That here is undue risk that he may commit another crme during the pendency of the appeal. (Sec 5, Rule 114) by death, reclusion perpetua oF life 5, Rule 114) gee Q66: What may the court consider in determining whether oF not the accused, charged ee nsital offense, may be granted ball as a matter of discretion? with Sour may consider the reputation and respectable name of 116 ‘accused, which they want {oprotedt or preserve, as they are unlikely to jump bail, (People v. ‘Sandiganbayan, 2007) (BERSAMIN) Also, in the case of Ennile, the Court took info consideration Enrile’s social and Colca! standing and his having immediately surrendered to the authorities upon his being Prarged in court in ruling that he was not a fight risk. With his solid reputation ft both his public cra Pas prvate Ives, his long years of public service, and history's Judgment of him being at ‘take, he should be granted bail. (Ennile v. Sandiganbayan, 2015) Q67: What are the instances where the law provides a shorter period of time for arraignment? “(O When an accused is under preventive detention, his case should be raffied within 3 days from fling and accused shall be arraigned within 10 days from receipt by the judge of the case records (R.A, 8493) 2. If complainant is about to depart from the Philippines with no definite date of return, the r sesused shoul be arraigned without delay (R.A. 4908) 7 ses under Chil \buse Act, the trial shall be eases ment (RA 7510) commenced within 3 days from 4. Case under the Dangerous Drugs Act 5. Cases under SC AO 104-96, i.e., heinous crimes, violations of the Intel Rights Law, these cases must be tried continuously until terminated LIRR COuER ae Cleat of the trial and to be decided within 30 days from the submission of the 68: What are the requisites of a provisional dismissal? 1. Consent of the prosecutor; 2. Consent of the accused; 3. Notice to the offended party; and 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. 7 Public prosecutor is served with a copy ofthe order of provisional dsm 117) n of the 968: The general rule provides that a dismissal with the consert et upon motio ‘accused will not constitute double jeopardy. What are the ‘exceptions? 1. Insufficiency of evidence A athe ight toa speedy tal (Philiine Savings Bank v. Boney. 3. Discharge as a state witness (Sec. 18, Fule 119) 2008) ning Motion to Quash bar another prosecution {oF the same minal ection or lability has been extinguish opie v. Bayabos, 2015) Q70: Will an order sustain offense? No, unless the ground is (a) cri jeopardy has already attached. (Pe .ce of a demurrer to evidence in ac} 1ed or (p) double case and a criminal case? Q71: What Is the differen ‘CRIMINAL CASE CIVIL CASE ‘sufficiency of evidence Based on plaintiff's failure to prove Nis Predicated upon ins entitlement to relief ‘Requires no prio leave of court will adduce evidence if denied Way be fied with or without leave of Court Fosused may adauce evidence only f he ant m9 Sane demurrer was filed with leave of court Prantit may appeal f granted, and if reversed No appeal if granted rrairgant ie deemed to have waived his ight f° present his evidence The court may, on its own initiative, dismiss the action after giving the prosecution an opportunity to be heard. invokes @ demurrer by itis the defendant who 1 of the case. The court ‘moving for the dismissal does not do so on its own intative Rae 33,775, Ries of Court) ar2: What are the requisites for an accused to become a state witness? The following elements must concur folowing errolue necessity forthe testimony of the accused whose discharge is requested Notetner direct evidence available forthe prosecution Nose dred acrused canbe substantalycoroborated in its mater points ‘Recused does not appear to be the most guilty: and ‘Acouse’ has never been convicted of moral turpitude. (See. 17, Rule 119) fe of variance between the crime charged and the crime Q73: What Is the rule in casi proven? Prony Rule: The accused may be convicted ony ofthe crime with which Ne is charged, Eeteption: I there is variance, the accused can only be convicted ofthe lesser offense which is included in the graver offense. (People v. Pareja, 2014) 74: What are the effects of the accused's failure to appear at the promulgation of judgment? {BERSAMIN) The accused who fis to appear atthe promulgation of the judgment of conviction Joses the remedies available under the Rules of Court against the judgment, , specifically: 1. the filing of @ motion for new tial or for reconsideration (Fue TE, ond realy TE yes 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction of this material is prohibited. | Papal ee judgment of conviction (Rule 122). ewe a eules of a Permit him to regain his standing in court in order to avail himself of hee ae ied ae | premigaton ‘of the judgment conditioned upon: a eee ey EI) Q75: Does the Neypes Rul A party shall have a fresh per e order denying a motion for new trial or motion for reconsiderat ration. (Neypes vs. CA, G.R. No. 141524, 2005). This rule applies in criminal cases under Section 6 ‘4 Rule 122 of the Revised Rules of Criminal Procedure. (Yu vs. Tated, 2011) Q76: What is the effect of an order quashing a search warrant? Poe a te search warrant is issued as an incident in a pending criminal case, the quashal of & Winere reraant ig merely intriocatory. Thee is stil “something more to be done in the said See atte. Le. the determination ofthe guit of the accused therein” In contrast wiry & criminal case, 6 applied for and issued in anticipation of criminal case yet to be Ped, fe Seger quashing the warrant ends the juical process. Thus, an appeal may be properly taken therefrom, (Worldwide Web Corporation v. People, 2014). EVIDENCE 77: When does the best evidence rule apply? Sy when the subject of the inquiry is the contents of @ document. The rule requires that the Shomal of the wring must be produced, Its also known as he “original document rule” or the “primary evidence rule,” (Nepocor v. Codie, 2007) Q78: May the Best Evidence Rule apply to prohibit a litigant from proving the existence ore sputed deed of sale through secondary evidence? {GERSAMIN) No, The Best Evidence Rule apples only whe? Te: terms of a writing are in issue, eRe gence sought to be inroduced concems external act, wc. Se the existence, Wen tn, or aelvery of the wring, without reference to ts tens, e Best Evidence Rule ere invoked. (Hels of Margarita Prodon v. Heirs of Maximo Alvarez, 2013) 79: Is it proper for a stepmother to invoke Parental and Filla Privilege 0 as not to testify against her stepdaughter? testify 2orrwiege under the provision mentioned applies only to, rset ascendants and No. ine eva vamiy tie connected by a common ancestry. A slepdaughier as no common Sroestty by her stepmother. (Lee v. Court of Appeals, 2000) ‘80: Can a child of tender age be qualified to testify? (BERSAMIN) Yes. Every chid is now presumed qualified to fe witness, To rebut this vrseumption, the burden of roof lies on the party challenging the cid ‘competency. Only Presume anal doubt exits regarding the abity of the chid to perceive, remember, era itingush tut fom falsehood, or appreciate the duty to tel the truth in Gaur wil cone arciu proprio or on mation of party, conduct a competency examination of @ chic (Raule on Examination of @ Child Waness, A.M. No. 004-07-SC) 81: What is judicial privilege? eek most basic level and subject to the principle of comity, Members of the Court, and Court Angi and employees may net be compelled to testify on matters that are part ofthe internal offal as and ations of the Court in the exercise of thelr adjudicatory functions and duties, ci testmony on matters external to their adjudicatory functions and duttes may be compelled Sy compulsary processes. (Per Curiam Supreme Court Decision in connection with the flier of the House Prosecution Panel fo subpoena Justices of the Supreme Cour, 2013) 082: May the declarations made by the bralgphind the consignee or importer? Ty nes Zz oO 2017 REMEDIAL LAW BLUE TIPS Unauthorized use and reproduction ofthis material is prohibited, —_—_—_—_—_—— (GERSAMIN) No, The hts of 4 pary cannot be prejudiced by an act, declaration, or omsion : laration of a conspirator relating to the conspiracy and du is existence, may be given in evidence again! he sa-coepratr ate the careprary shown Y enc ot than such act of declaration (Sec. 28, Rule 130; Sec. 30, Rule 130; Mercado Q83: May the protection under the dead man’s statute be waived? Yes. The protection under the dead man's statute is effectively waived when the adverse party's counsel cross-examines the witness on matters occurring during the deceased's ifetime. This is true also if the party fails to timely challenge the order denying the motion to disqualify the witness under dead man’s statute and allow the trial ensued and the witness was crossed ‘examined, because failure to appeal from the order allowing the witness testify is deemed @ waiver of histher right to invoke the dead man's statute (Santos vs. Santos, 2001) Q84: What is the effect of filing an amended pleading to an admission made in the original pleading? ‘Fry wil be considered only as extrajudicial admissions. Pleadings that are amended ise thei Tavs as pleacings and cease to be judicial admission, (Ching v. Court of Appeals, 2000) Q85: May the results of a polygraph test be admitted to prove the guilt or innocence of the accused? Na A polygraph test has not yet attained scientific acceptance as a reliable and accurate reans of ascertaining truth or deception. (People vs. Pablo Adoviso, 1999) 86: Does the rule on marta! disqualification apply to spouses who are separated In fact? fact? «a general rule, nether the husband nor the wife may testy for or against the ofner ret ine consent ofthe affected spouse except in a civil case by one against the other, 0 8 vo ese for a crime commited by one against the other or the latter's direct descendants

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