Remedial Law Areas in the 2019 Bar

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GENERAL PRINCIPLES
JUDICIAL POWER
1. It includes the duty of the courts of justice to CIVIL PROCEDURE
settle actual controversies involving rights which --------------------------------------------------------------------------
are legally demandable and enforceable, Actions
2. and to determine whether or not there has A cause of action is the act or omission by which a party
been a grave abuse of discretion amounting violates a right of another.
to lack or excess of jurisdiction on the part Requisites
of any branch or instrumentality of the 1) Existence of legal right of the plaintiff;
Government (Sec. 1 Art. VIII 1987 Const.) 2) Correlative duty on the part of the defendant to
(Extended judicial review power found under Rule respect the right of the plaintiff;
65) 3) An act or omission of the defendant in violation of
plaintiff’s legal right
SUBSTANTIVE LAW REMEDIAL LAW 4) Damage (optional)
It is that part of law that It refers to the law that
creates, defines or provides the means or SPLITTING THE CAUSE OF ACTION
regulates rights methods whereby causes of It is the act of dividing a single or indivisible cause of
concerning life, liberty or action may be effectuated, action into several parts or claims and bringing several
property, or the powers of wrongs redressed and actions thereon. It is not allowed.
agencies or reliefs obtained
instrumentalities for the ( ADJECTIVE LAW) GR: A contract embraces only one cause of action even
administration of public if it contains several stipulations.
affairs. Exception: A contract to do several things at several
Makes vested rights NO vested rights times is divisible, and judgment for single breach of a
Prospective in application Retroactive continuing contract is not a bar to a suit for subsequent
Cannot be enacted by the Supreme Court is expressly breach (eg. promissory note payable in installments)
Supreme Court empowered to promulgate Exception to exception:
procedural rules subject to  There is an acceleration clause in the contract;
certain limitations that the  All the obligations are already mature at the time of
rules cannot diminish, the commencement of the action; if not included may be
increase or modify barred.
substantive rights.
-------------------------------------------------------------------------- DOCTRINE OF ANTICIPATORY BREACH
Jurisdiction An UNQUALIFIED and POSITIVE REFUSAL to perform
Requisites For Valid Exercise of Jurisdiction a contract , though the same is not yet due, may, if the
1. Must have jurisdiction over the parties. renunciation goes into the whole of the contract, be
2. Must have jurisdiction over the subject matter of tested as a complete breach which will entitle the injured
the controversy. party to bring his action at once (Blossom and Co. vs.
Manila Gas Corp. 55 Phil 226)
3. Must have jurisdiction over the res (thing or
property under litigation). VENUE OF REAL ACTIONS.
4. Must have jurisdiction over the issues. Actions affecting title to or possession of real property, or
interest therein, shall be commenced and tried in the
DOCTRINE OF ADHERENCE TO JURISDICTION proper court which has jurisdiction over the area wherein
(Aka Continuity of Jurisdiction) the real property involved, or a portion thereof, is
Once jurisdiction is acquired, the court retains it until the situated.
final termination of the case. Forcible entry and detainer actions shall be commenced
GR: Law enacted during the pendency of a case which and tried in the municipal trial court of the municipality or
transfers jurisdiction to another court does not affect city wherein the real property involved, or a portion
cases prior to its enactment. thereof, is situated.
EXCEPTIONS: (RCRT)
1. When the law expressly provides for a retroactive PLEADING:AMENDMENT
application. Jurisdiction must be conferred by the contents of the
2. When change of jurisdiction is curative in nature. original complaint. Amendments are not proper and
3. When the law (penalizing law) is repealed. should be denied where the court has no jurisdiction
4. When the proceeding is already terminated, over the original complaint and the purpose of the
abandoned, or avoided. amendment is to confer jurisdiction on the court.
(Rosario v. Carandang, G.R. No. L-7076, April 28,
EXCLUSIONARY RULE 1955) While a plaintiff is entitled to amend the complaint
The court first acquiring jurisdiction excludes all others. before a responsive pleading is served (Sec. 2, Rule 10,
DOCTRINE OF PRIMARY JURISDICTION 1997 Rules of Civil Procedure; Remington Industrial
Courts will not resolve a controversy involving a question Sales Corporation v. Court of Appeals, G.R. No.
which is within the jurisdiction of an administrative 133657, May 29, 2002), still, a complaint cannot be
tribunal especially where the question demands the amended to confer jurisdiction on a court where there
exercise of sound administrative discretion requiring the was none to begin with.
special knowledge and experience of said tribunal in
KATARUNGANG PAMBARANGAY LAW (KPL)
determining technical and intricate matters of fact
No complaint, petition, action, or proceeding involving
(Villaflor vs. CA 280 SCRA 297). any matter within the authority of the Lupon shall be filed
or instituted directly in court or any other government
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office for adjudication UNLESS: 1. Lack of jurisdiction

1. There has been a CONFRONTATION BETWEEN 2. Failure to comply with conciliation proceeding
THE PARTIES before the Lupon Chairman or the 3.
Pangkat; and
2. That no conciliation or settlement has been reached COUNTERCLAIM
OR unless the settlement has been repudiated the NATURE OF A COUNTERCLAIM
parties thereto. A Counterclaim is in the nature of a cross-complaint.
Although it may be alleged in the answer, it is not part
CASES NOT COVERED BY THE KPL of the answer. Upon its filing, the same proceedings are
(Substantive exceptions): had as in the original complaint. For this reason, it must
1. Where one party is the GOVERNMENT or any be answered within 10 days from service.
subdivision or instrumentality thereof;
2. Where one party is a PUBLIC OFFICER or employee, COMPULSORY COUNTERCLAIM.
and the dispute relates to the performance of his official A compulsory counterclaim is one which, being
functions; cognizable by the regular courts of justice, arises out of
3. Offenses punishable by imprisonment exceeding 1 or is connected with the transaction or occurrence
year or a fine exceeding 5,000 pesos; constituting the subject matter of the opposing party's
4. Offenses where there is no private offended party; claim and does not require for its adjudication the
5. Where the dispute involves real properties located in presence of third parties of whom the court cannot
different cities or municipalities, UNLESS the parties acquire jurisdiction. Such a counterclaim must be within
thereto agree to submit their differences to amicable the jurisdiction of the court both as to the amount and
settlement upon an appropriate Lupon; the nature thereof except that in an original action
6. Disputes involving parties who actually reside in before the Regional Trial Court, the counter-claim
barangays of different cities or municipalities, may be considered compulsory regardless of the
AMOUNT.
EXCEPT;
a) Where such barangay units adjoin each other; and COMPULSORY PERMISSIVE
b) The parties thereto agree to submit their differences COUNTERCLAIM CONTERCLAIM
to amicable settlement by an appropriate lupon. Arises out of or is Does not arise out of nor
necessarily connected is it necessarily
7. Such other classes of disputes which the PRESIDENT
with the transaction or connected with the
may determine in the interest of justice;
occurrence that is the subject matter of the
8. Where one of the parties is a juridical entity.
subject matter of the opposing party’s claim
opposing party’s claim
The court at any time of the trial, motu proprio, refer the
Does not require the It may require the
case concerned, to the lupon for amicable settlement
presence of third parties, presence of third parties
non-criminal cases not falling within the authority of the
whom the court for its
latter.
cannot acquire jurisdiction, adjudication over whom
for its adjudication the court cannot acquire
JOINDER jurisdiction
The rule on JOINDER OF CAUSES OF ACTION is that
a party may in one pleading assert, in the alternative or Barred if not set up in the Not barred if not set up
otherwise join as many causes of action as he may have action in the action
against an opposing party, provided that the rule on
joinder of parties is complied with; Need not be answered Must be answered,
1.] the joinder shall not include special civil actions or otherwise , the plaintiff
actions governed by special rules, but may include (now defendant of the
causes of action pertaining to different venues or counterclaim) may be
jurisdictions provided one cause of action falls within the declared in default
jurisdiction of a RTC and venue lies therein; and
2.] the aggregate amount claimed shall be the test of A plaintiff who fails or chooses not to answer a
jurisdiction where the claims in all the causes of action compulsory counterclaim may not be declared in default,
are principally principally because the issues raised in the counterclaim
are deemed automatically joined by the allegations in the
GROUNDS FOR MOTION TO DISMISS (Rule 16) complaint (Goyola vs. Goyola, 35 SCRA 557)
1. No jurisdiction over the person of the defendant;
2. No jurisdiction over the subject matter of the claim; DEFAULT
3. Improper venue; ELEMENTS OF A VALID DECLARATION OF
4. No legal capacity to sue; DEFAULT:
AMENDED
5. Litis pendentia; 1. The court must have acquired jurisdiction over the
6. Res judicata person of the defendant;
7. Prescription; 2. Defendant fails to answer within the time allowed;
8. Failure to state a cause of action 3. There must be a motion to declare the defendant in
9. Claim or demand has been paid, waived, abandoned, default;
or otherwise extinguished; 4. There must be notice to the defendant
10. Claim is unenforceable under Statute of Frauds; 5. There must be proof or such failure to answer.
11. Non-compliance of a condition precedent.
NO DEFAULT IN THE FOLLOWING:
GROUND FOR MOTION TO DISMISS UNDER RULE 1. Annulment of marriage;
ON SUMMARY PROCEDURE (like cases for Unlawful 2. Declaration of Nullity of Marriage;
Detainer and Forcible Entry cases) 3. Legal separation; (Ratio: (constitutional mandate of
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protection of marriage as the basic social institution) representatives. Failure of counsel to comply with his
4. Special civil actions of CPM (no answer is required duty shall be a ground for disciplinary action.
but instead order to comment); and The heirs of the deceased may be allowed to be
5. Under Summary Procedure. substituted for the deceased, without requiring the
appointment of an executor or administrator and the
RELIEFS FROM ORDER OF DEFAULT: court may appoint a guardian ad litem for the minor
1. A motion to set aside the order of default; heirs.
2. If denied, and denial is tainted with GRAVE ABUSE The court shall forthwith order said legal representative
OF DISCRETION, petition for certiorari under Rule 65. or representatives to appear and be substituted within a
3. Wait for the judgment by default and then Appeal the period of thirty (30) days from notice.
judgment
SUMMONS
RIGHTS OF PARTY DECLARED IN DEFAULT Substituted Service of Summon
Entitled to notice of: For substituted service to be valid, it is necessary to
a) Motion to declare him in default establish the following;
b) Order declaring him in default; 1. The impossibility of personal service of summons
c) Subsequent proceedings; within a reasonable time;
d) Service of final orders or judgments 2. The efforts exerted to locate the person to be served;
and
ORDER OF DEFAULT JUDGMENT BY 3. Service upon a person of sufficient age and discretion
DEFAULT residing in the same place as defendant or some
Issued by the court on Rendered by the court competent person in charge of the office or regular place
plaintiff’s motion for following the order of of business.
failure of the defendant default or after it In substituted service, the sheriff’s return must show
to file his responsive received, ex parte, that an effort or attempt was exerted to personally serve
pleading seasonably plaintiff’s evidence the summons on the defendant and that the same had
Interlocutory- not Final- appealable failed (Venturanza vs. CA, 156 SCRA 305)
appealable
Dwelling house or RESIDENCE refers to the place
Parties where the person named in the summons is living at the
A real party in interest is the party who stands to be time when the service is made, even though he may
benefited or injured by the judgment in the suit, or the be temporarily out of the country at the time. Service on
party entitled to the avails of the suit. Unless otherwise a person at the place where he was a visitor – not
authorized by law or these Rules, every action must be considered to have been left at the residence or place or
prosecuted or defended in the name of the real party in abode, where he has another place at which he
interest. ordinarily stays and he intends to return. (Dumagas vs
Jensen, L-158407, Jan. 17, 2005, 448 SCRA 663, 2nd
INDESPENSABLE NECESSARY PARTIES Div.)
PARTIES Invalid service of summons. This issue shall be
Must be joined under any Should be joined raised at the very start.
condition, their presence whenever possible, the Note: Presumption of regularity of performance of official
being a sine qua non for action can proceed even duty does not apply in substituted service of summons.
the exercise of judicial in their absence The duty to be performed has the direct bearing on the
power acquisition of jurisdiction over the person of the
Non- joinder of an The case may be defendant.
indispensable party makes determined in court but
the judgment void the judgment will not PRE-TRIAL (Discussion infra)
resolve the entire DEMURRER TO EVIDENCE (Discussion infra)
controversy if a
necessary party is not Certiorari (Modes, R45 vs. R65)
joined CERTIORARI UNDER CERTIORARI UNDER
RULE 45 RULE 65
CLASS SUIT Petition based on Petition raises the issue
Requisites of a (clue words only) (C-A-N-S) questions of law as to whether the lower
a. Common or General interest in the subject matter; court acted without
Note: There is no class suit when the individual interests jurisdiction or in excess of
of numerous persons are identifiable. There is no jurisdiction or with grave
common or general interest. abuse of discretion
b. Numerous persons making it impractical to bring Mode of appeal An original action
together to court; Involves the review of the Directed against an
c. Sufficient number of persons representing the class; judgment or final order on interlocutory order of the
d. The representative sues or defends for the benefit of the merits court or where there is no
all. appeal or any other plain,
speedy or adequate
DEATH OF A PARTY remedy
Whenever a party to a pending action dies, and the Filed within the Filed not later than 60
claim is not thereby extinguished, it shall be the duty of reglementary period (15 days from notice of
his counsel to inform the court within thirty (30) days days) judgment, order or
after such death of the fact thereof, and to give the name resolution appealed from
and address of his legal representative or Stays the judgment Does not stay the
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appealed from challenged proceeding however,

unless a writ of irrelevant)
preliminary injunction or a 10-day notice 3-day notice 3-day notice
TRO issued required required rule applies
The petitioner and the The parties are the Maybe On the merits On the merits
respondent are the aggrieved party, the lower interlocutory or
original parties to the court or quasi-judicial on the merits
action, and the lower agency and the prevailing Available only in Available in any Available in
court or quasi-judicial party actions to action except in any action
agency is not impleaded recover a debt; annulment of except
Motion for Motion for or for a marriage, or annulment of
reconsideration is not reconsideration or for liquidated sum legal separation marriage or
required – Neypes Rule new trial is required. If of money or for legal
applies MR or MNT is filed, the declaratory relief separation
period shall not only be
interrupted but another 60
days shall be given to the
petitioner (SC Fresh Period Rule - a party litigant may either file his
Administrative Matter 02- notice of appeal within 15 days from receipt of the
03) decision of the RTC, or file it within 15 days from receipt
The court is in the Court exercises original of the order denying his motion for new trial or
exercise of its appellate jurisdiction reconsideration (Neypes vs. CA, GR No. 141524, Sept.
jurisdiction and power of 14, 2005)
review
Filed in SC only Filed in the RTC, CA, SC
Provisional Remedies
THE FOLLOWING ARE THE PROVISIONAL
REMEDIES PROVIDED BY THE RULES:
1. Preliminary Attachment;
Questions of Law Questions of Fact 2. Preliminary Injunction;
Doubt as to what the law Doubt or difference as to 3. Receivership;
is on certain facts the truth or falsehood of 4. Repliven;
facts, or as to probative 5. Support pendent lite.
value of evidence
presented PRELIMINARY ATTACHMENT - It may be sought at the
No need to evaluate the Needs evaluation of commencement of an action or at any time before entry
evidence evidence judgment where property of an adverse party may be
Can involve questions of The query involves the attached as security for the satisfaction of any judgment,
interpretation of the law calibration of the whole where this adverse party is about to depart from the
with respect to certain set evidence considering Philippines, where he has intent to defraud or has
of facts mainly the credibility of committed fraud, or is not found in the Philippines. An
witnesses, existence and affidavit and a bond is required before the preliminary
relevancy of specific attachment issues. It is discharged upon the payment of
surrounding a counterbond.;
circumstances and
relation to each other and GARNISHMENT- is a manner of satisfying or executing
the whole probabilities judgment where the sheriff may levy debts, credits,
royalties, commissions, bank deposits, and other
personal property not capable of manual delivery that
Judgment are in the control or possession of third persons and are
SUMMARY JUDGMENT ON JUDGMENT due the judgment obligor. Notice shall be served on third
JUDGMENT THE BY DEFAULT parties. The third party garnishee must make a written
PLEADINGS report on whether or not the judgment obligor has
Based on the Based solely on Based on the sufficient funds or credits to satisfy the amount of the
pleadings, the pleadings complaint and judgment. If not, the report shall state how much fund or
depositions, evidence, if credits the garnishee holds for the judgment obligor.
admissions and presentation is Such garnish amounts shall be delivered to the judgment
affidavits required oblige-creditor (Rule 39, Sec.9 [c]).
Available to both Generally Available to
plaintiff and available only to plaintiff PRELIMINARY INJUNCTION. NATURE
defendant the plaintiff, Suit for injunction is an action in personam. In the early
unless case of Auyong Hian vs. Court of Tax Appeals [59 SCRA
defendant 110 [1974]), it was held that a restraining order like an
presents a injunction, operates upon a person. It is granted in the
counterclaim exercise of equity of jurisdiction and has no in rem effect
There is no The answer fails No issues as to invalidate an act done in contempt of an order of the
genuine issue to tender an there is no court except where by statutory authorization, the decree
between the issue or there is answer filed by is so framed as to act in rem on property. (Air Materiel
parties ( there an admission of defendant Wing Savings and Loan Association, Inc. vs. manay, 535
may be issues the material SCRA 356 [2007]).
but are , allegations
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REPLEVIN dismissal is acquittal is not appealable.

Replevin or delivery of personal property consists in appealable. If plaintiff Double jeopardy sets-in
the delivery, by order of the court, of personal appeals and
property by the defendant to the plaintiff, upon the judgment is reversed
filing of a bond. (Calo v. Roldan, 76 Phil. 445 [1946]) by the appellate
court, it will decide
the case on the basis
of the plaintiff’s
evidence with the
consequences that
CRIMINAL PROCEDURE the defendant
already loses his
REQUISITES OF A COMPLAINT: right to present
1. It must be in writing and under oath; evidence. There is no
2. It must be in the name of the People of the res judicata in
Philippines; dismissal due to
3. It must charge a person with an offense; demurrer
4. It must be subscribed by the offended party, by any The plaintiff files a The court may deny the
peace officer or public officer charged with the motion to deny motion
enforcement of the law violated. motion to demurrer
evidence
REQUISITES OF INFORMATION: If court denies the If court denies the
1. It must be in writing; demurrer, defendant demurrer:
2. it must charge a person of an offense; will present his 1. Demurrer was WITH
3. It must be subscribed by the prosecutor; and evidence LEAVE, accused may
4. It must be filed in court. present his evidence;
2. WITHOUT LEAVE,
CRIMINAL PROSECUTION: PRESCRIPTION accused could no longer
The institution of the criminal action shall interrupt the present his evidence and
running period of prescription of the offense charged submits the case for
unless otherwise provided in special laws. decision based on the
In Panaguiton v DOJ, filing of the complaint in the prosecution’s evidence
prosecution’s office interrupts the running of the
prescriptive period for violation of special laws as BP22. Only by motion of Court may motu proprio
In Zaldivia vs. Reyes, En Banc, filing of complaint in the defendant dismiss/acquit
court for violation of ordinance interrupts the running of Upon motion of the a. Upon motion of the
prescriptive period and not filing of complaint in the defendant accused, with or without
prosecutor’s office. leave of court.

The institution of a criminal action depends upon the PRE-TRIAL

sound discretion of the prosecutor. But once the case is PRE-TRIAL IN CIVIL PRE-TRIAL IN CRIMINAL
filed in court, the same can no longer be withdrawn or CASES CASES
dismissed without the tribunal’s approval. Should the The presence of the The accused is merely
fiscal find it proper to conduct a reinvestigation of the defendant is required, required to sign the written
case at such stage, the permission of the court must be unless he is duly agreement arrived at in
secured (Crespo vs. Mogul, 151 SCRA 462). represented at the the pre-trial conference, if
pre-trial conference by he is in conformity with it.
PRIVATE CRIMES his counsel with the Unless otherwise required
The crimes of adultery and concubinage shall not be requisite authority to by the court, his presence
prosecuted except upon a complaint filed by the enter into a therefore is not
offended spouse. The offended party cannot institute compromise indispensable.
criminal prosecution without including the guilty parties, if agreement, failing in NOTE: This is aside from
both alive, nor, in any case, if the offended party has either of which the the consideration that the
consented to the offense or pardoned the offenders. case will proceed as if accused may waive the
Note that the doctrine of parens patriae does not the defendant has right to be present at any
apply. been declared in stage of the proceeding
default except at arraignment,
DEMURRER DEMURRER promulgation of judgment,
CIVIL CASES CRIMINAL CASES or required by the court for
Defendant need not Maybe filed with or without purposes of identification.
ask for leave of court leave of court. Leave of The presence of the The presence of the
court is necessary so that plaintiff is required at private offended party is
the accused could present the pre-trial unless not required at the pre-
his evidence if demurrer is excused therefrom for trial. Instead, he is
denied valid reasons or if he required to appear at the
If the court finds If the court finds the is represented by a arraignment of the
plaintiff’s evidence prosecution’s evidence person fully authorized accused for the purposes
insufficient, it will insufficient, it will grant the in writing to perform of plea
grant the demurrer by demurrer by rendering the acts specified in bargaining, determination
dismissing the case. judgment acquitting the sec. 4, Rule 18. of civil liability, and other
The judgment of accused. Judgment of Absent such matters requiring is
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justification, the case presence.
may be dismissed with Should he fail to appear
or with out prejudice. therein, and the accused
offers to plead to a lesser
offense necessarily
included in the offense
charged, he may be
allowed to do so with the
conformity of the
prosecutor alone.
No pre-trial brief but only
requires the attendance at
the pre-trial conference to
consider matters stated in
sec. 2 Rule 118
MOTION TO QUASH Grounds: (Sec. 3, Rule 117)
(a) Facts charged do not constitute an offense;
(b) Court trying the case has no jurisdiction over the
offense charged;
(c) That the court trying the case has no jurisdiction
over the person of the accused;
(d) Officer who filed the information had no authority to
do so;
(e) Does not conform substantially to the prescribed
form;
(f) More than one offense is charged except when a
single punishment for various offenses is prescribed by
law;
(g) Criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
(i) That 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. (Double jeopardy)
PREJUDICIAL QUESTION. Elements
(a) the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and
(b) the resolution of such issue determines whether or
not the criminal action may proceed.
DOUBLE JEOPARDY
Requisites for the first jeopardy to attach
1.The complaint or information or other formal charge
was sufficient in form and substance to sustain a
conviction;
2. The court had jurisdiction;
3. The accused had been arraigned and pleaded; and
4. He was convicted or acquitted or the case was
dismissed without his express consent.
When all this circumstances are present, they
constitute a BAR to second prosecution for:
1. The same offense;
2. An attempt to commit such offense;
3. A frustration of said offense;
4. Any offense which is necessarily included or
necessarily includes the first offense.
WARRANTLESS ARREST
Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested
has committed, is actually committing, or is attempting to
commit an offense;
(b) 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; and
(c) When the person to be arrested is a prisoner who
has escaped from a penal establishment or place where
he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.
SEARCH WARRANT
Section 4. Rule 126. — A search warrant shall not issue
except upon probable cause in connection with one
specific offense to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
things to be seized which may be anywhere in the
Philippines.
WHEN MAY THERE BE A SEARCH WITHOUT A
WARRANT:
1. In times of war, within the area of military operation
(exceptional circumstances);
2. As an incident of a lawful arrest subject to the
following requisites:
a. Arrest must be lawful;
b. Search and search and seizure must be
contemporaneous with the arrest;
c. Search must be within the permissible area or within
the immediate control of the accused;
3. Under plain view doctrine—prohibited articles open
to eye and hand;
REQUISITES:
a) Prior valid intrusion based on the valid warrantless
arrest in which the police are legally present in the
pursuit of their official functions;
b) The evidence is inadvertently discovered;
c) Evidence is immediately apparent without any further
search;
d) Apparent illegality of the evidence.
BAIL AS A MATTER OF RIGHT VS. DISCRETIONARY
Bail is a matter of right (a) before or after conviction by
the inferior courts; (b) before conviction by the RTC of an
offense not punishable by death, reclusion perpetua or
life imprisonment., when the evidence of guilt is not
strong (Sec. 4, Rule 114, 2000 Rules of Criminal
Procedure). Bail is discretionary: Upon conviction by the
RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment (Sec. 5, Rule 114, 2000
Rules of Criminal Procedure).
BAIL IN RELATION TO EXTRADITION
While extradition is not a criminal prosecution, it is
characterized by deprivation of liberty when one is under
provisional arrest. The means employed to attain the
purpose of extradition is the same machinery for criminal
cases. While extradition law does not provide for the
right to bail, there is no prohibition thereon. Hence bail is
available provided the person is not a flight risk and
circumstances warrant. (Gov. of Hongkong vs. Olalia)
JUDGMENT: EFFECT OF FAILURE TO APPEAR ON
PROMULGATION
If the judgment is for conviction and the failure of
the accused to appear was without justifiable cause,
he shall lose the remedies available in these rules
against the judgment and the court shall order his
arrest. Within fifteen (15) days from promulgation of
judgment, however, the accused may surrender and file
a motion for leave of court to avail of these remedies. He
shall state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said
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remedies within fifteen (15) days from notice. (Sec. 6.
Rule 120)
---------------------
An appeal taken by one or more of several accused shall
not affect those who did not appeal, except insofar as
the judgment of the appellate court is favorable and
applicable to the latter. Sec. 11 or Rule 122.
This is true in Probation Law as amended by RA. 10707.
If there are several accused and only one appealed from
a non-probationable penalty, and on appeal or review, a
probationable penalty is imposed, the other co-accused
who did not appeal may apply for probation. Sec 4.
PROVISIONAL DISMISSAL
A case shall not be provisionally dismissed except with
the express consent of the accused and with notice to
the offended party.
The provisional dismissal of offenses punishable by
imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one (1)
year after issuance of the order without the case having
been revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their
provisional dismissal shall become permanent two (2)
years after issuance of the order without the case
having been revived.
Evidence
Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting
a matter of fact.
EVIDENCE ADMISSIBILITY
Evidence is admissible when it is relevant to the issue
and is not excluded by the law of these rules.
RELEVANT---has a logical connection with the fact in
issue or if it establishes directly or indirectly the
existence or non-existence of the facts in issue.
Relevancy is determined by logic and common sense.
Component of Relevant Evidence:
a. Materiality--- whether the evidence is offered upon a
matter properly in issue;
b. Probativeness--- the tendency of the evidence to
establish the proposition that it is offered to prove.
COMPETENT--- if not excluded by law or the Rules.
Competency is determined by the constitution and the
laws.
WHAT ARE EXCLUDED BY LAW OR RULES (a.k.a.
EXCLUSIONARY RULES (rights protected)
1. right against unreasonable search and seizure;
2. right to privacy and inviolability of communication;
3. right of a person under investigation of an offense;
4. right against self-incrimination.
Best Evidence Rule and Exceptions
When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than
the original document itself, except in the following
cases:
(a) When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on the
part of the offeror;
(b) When the original is in the custody or under the
control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable
notice;
(c) When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of the
whole; and
(d) When the original is a public record in the custody of
a public officer or is recorded in a public office.
BURDEN OF BURDEN OF EVIDENCE
PROOF
Does not shift and Shifts from party to party
remains throughout depending upon the
the entire case exigencies of the case in the
exactly where the course of the trial
pleadings originally
placed it
Generally Generally determined by the
determined by the developments of the trial, or
pleadings filed by by the provisions of
the party substantive law or procedural
rules which may relieve the
party from presenting
evidence
Preponderance - That which is of greater weight or
more convincing than that which is offered in opposition
to it.
Substantial - Required to reach a conclusion in an
administrative proceedings or to establish a fact before
administrative/quasi-judicial bodies. Such relevant
evidence as a reasonable mind might accept as
adequate to support a conclusion.
Proof of guilt beyond reasonable doubt -
That which is the logical and inevitable result of the
evidence on record, exclusive of any other
consideration, of the moral certainty of the guilt of the
accused or that degree of proof which produces a
conviction in an unprejudiced mind.
CLEAR AND CONVINCING EVIDENCE
This is adduced to overcome a prima facie case or a
disputable presumption. 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.
Hearsay Evidence and its exceptions
Two concepts of hearsay evidence: Any evidence,
whether oral or documentary, is hearsay if its probative
value is not based on the personal knowledge of the
witness but on the knowledge of some other person not
on the witness stand (Regalado, p. 736).
Hearsay evidence also includes all assertions which
have not been subject of cross-examination by the
adverse party at the trial in which they are being offered
against him (Herrera, vol. V., p.564).
Exceptions:
1. Dying Declaration;
2. Declaration Against Interest;
3. Act or Declaration About Pedigree;
4. Family Reputation or Tradition Regarding Pedigree;
5. Common Reputation;
6. Res Gestae;
7. Entries in the Ordinary Course of Business;
8. Entries in Official Records;
9. Commercial Lists;
10. Learned Treatises;
11. Testimony or Deposition at Former Proceeding.
Res inter alios acta Things done between strangers
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ought not to injure those who are not parties to it admission

In the course of a Out of court
Opinion Rule The opinion of witness is not admissible, proceeding in the same case declaration
except if the opinion is about: Does not require proof Requires proof
a) the identity of a person about whom he has adequate Conclusive upon the Rebuttable
knowledge; admitter
(b) A handwriting with which he has sufficient Admissible even if self- Admissible only if
familiarity; and serving disserving
(c) The mental sanity of a person with whom he is Subject to cross-examination Not subject to cross-
sufficiently acquainted. examination.

The witness may also testify on his impressions of the Witness (Competence and Examination)
emotion, behavior, condition or appearance of a person. A witness can testify only to those facts which he knows
of his personal knowledge; that is, which are derived
Parol Evidence Rule from his own perception
The parol evidence rule, embodied in Section 9, Rule
130 of the Rules of Court holds that when the terms of
an agreement have been reduced into writing, it is
considered as containing all the terms agreed upon and BP 129: Jurisdiction
there can be, between the parties and their successors-
in-interest, no evidence of such terms other than the JURISDICTION IN CIVIL CASES.
contents of the written agreement. (Leighton Contractors REGIONAL TRIAL COURTS: Civil Cases
Phils. Inc., vs. CNP industries, Inc., G.R. No. 160972, (1) Incapable of pecuniary estimation;
March 9, 2010). Evidently, parol evidence only applies to (2) In all civil actions which involve the title to, or
written agreements or contractual documents. possession of, real property, or any interest therein,
where the assessed value of the property involved
Disqualification by reason of marriage: exceeds Twenty thousand pesos (P20,000.00) or for
During their marriage, neither the husband nor the wife civil actions in Metro Manila, where such the value
may testify for or against the other without the consent of exceeds Fifty thousand pesos (50,000.00) except
the affected spouse, except in a civil case by one actions for forcible entry into and unlawful detainer of
against the other, or in a criminal case for a crime lands or buildings, original jurisdiction over which is
committed by one against the other or the latter's direct conferred upon Metropolitan Trial Courts, Municipal Trial
descendants or ascendants. Courts, and Municipal Circuit Trial Courts;
Privilege Communication (Marital) (3) In the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction
The husband or the wife, during or after the marriage,
which may be enforced in any part of their respective
cannot be examined without the consent of the other as
regions;
to any communication received in confidence by one
(4) In actions affecting ambassadors and other public
from the other during the marriage except in a civil case
ministers and consuls;and
by one against the other, or in a criminal case for a crime
(5) In all cases not within the exclusive jurisdiction of any
committed by one against the other or the latter's direct
court, tribunal, person or body exercising jurisdiction or
descendants or ascendants.
any court, tribunal, person or body exercising judicial or
quasi-judicial functions.
Disqualification by Disqualification by
REASON OF REASON OF MARITAL
MARRIAGE (sec. 23) PRIVILEGED (sec. 24 [a])
FIRST LEVER COURTS: Civil Cases
Can be invoked only Can be claimed whether or
1, Courts of the first level have jurisdiction over civil
when one of the not the other spouse is a
actions where the demand is for sum of money not
spouses is a party to the party to the case
exceeding P300,000.00 or in Metro Manila,
case
P400,000.00, exclusive of interest, damages, attorney’s
Applies only if marriage Can be claim even if after fees, litigation expenses and costs: this jurisdiction
is still existing when the the marriage is dissolved includes admiralty and marine cases. And where the
testimony is offered main cause of action is the claim for damages, the
Constitutes a total Applies only to confidential amount thereof shall be considered in determining the
prohibition for or against communications between jurisdiction of the court (Adm. Circular No. 09-94, June
the spouse of the the spouses 14, 1994).
witness 2 Forcible entry and unlawful detainer; and
The objection would be The married person is on 3 All civil actions which involve the title to, or
raised on the ground of the stand but the objection possession of, real property, or any interest therein,
marriage. The married of the privileged is raised where the assessed value of the property involved is
witness would not be when confidential marital less than Twenty thousand pesos (P20,000.00) or for
allowed to take the communication is inquired civil actions in Metro Manila, where such the value is
stand at all because of into less than Fifty thousand pesos (50,000.00)
the disqualification.
Even if the testimony is Totality Rule: where there are several claims or causes
for or against the of action between the same or different parties,
objecting spouse, the embodied in the same complaint, the amount of the
spouse cannot testify demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of
RULE 129, Sec. 4 RULE 130, Sec. 26 action arose out of the same or different transactions
Judicial admission Extra-judicial
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