BAR OPERATIONS 2019

JORGE ALFONSO C. MELO

Bar Review Coordinator

LEILA S. LIM
Bar Review Secretariat

ATENEO CENTRAL BAR OPERATIONS

PATRICK EDWARD BALISONG

Chairman

KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO

GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO
Administration Committee Heads Academics Committee Heads Hotel Operations Committee Heads

JUDGE JAIME FORTUNATO A. CARINGAL

ATTY. JORGE ALFONSO C. MELO
ATTY. STEPHEN GEORGE S.D. AQUINO
ATTY. RONALD C. CHUA
ATTY. EUGENIO H. VILLAREAL
REMEDIAL LAW Faculty Advisers

MICHELLE KRISTINE ANTE

JERRY SANTOS JR
MEGAN MARCOS
ROSEL RICA VALLE
BIANA ISABEL SORIANO
MA. REGINE CALLUENG
MAYUMI GLOR MATSUMURA
JENNiSE ANN SEE
PETER PAOLO DIM III
REMEDIAL LAW Subject Heads

EUNICE A. MALAYO
FRANCES CHRISTINE F. SAYSON
Central Bar Operations
Academics Understudies

JAAMES ERWIN VELASCO GIA MORDENO ICA SALAZAR

ANDREA DE VERA GERARD ANDRE BARRON DEBBIE YRREVERRE
TOPHER BALAGTAS JOSE DA SILVA NICOLE VELANDRES
ABIGAYLE RECIO CHRISTIAN CANDELARIA GABBI SUNGCAD
HAZEL ORTEGA LEIGH NUFUAR ERVIN HILADO
MARIA ANGELICA TORIO REYNALEIGH DELOS REYES MARK SY
MYREEN RAGINIO HAZEL ORTEGA ENRIQUE LOPEZ III
PATRICIA DOLATRE MIKKI DOROJA WENDELL LAXAMANA
ALIJA PANDAPATAN CHOOGEE GUERRERO CHLOE NU~NEZ
JAY-EM CUNTAPAY

REMEDIAL LAW Volunteers

ATENEO CENTRAL
BAR OPERATIONS 2019 REMEDIAL LAW

I. GENERAL PRINCIPLES appropriate courts (Santiago v. Vasquez, G.R.

IN REMEDIAL LAW Nos. 99289-90, 1993).

A direct invocation of the Supreme Court’s original

Q: What is remedial law?
A: It is a branch of law that prescribes the methods
of enforcing rights and obligations created by
substantive law. (Bustos vs. Judge Lucero, G.R.
No. L-2068, 1948)
Q: Compare substantive and remedial law.
A:
SUBSTANTIVE LAW REMEDIAL LAW
Creates, defines and Prescribes the
regulates rights and methods of enforcing
duties concerning life, rights and obligations
liberty or property created by substantive
which when violated law. It provides a
gives rise to a cause of procedural system for
action. obtaining redress for
the invasion of rights
and violations of duties.
It also prescribes rules
as to how suits are
filed, tried and decided
upon by the courts.
(Bustos vs. Lucero,
G.R. No. L-2068, 1948)
Q: What are the limitations on the rule-making
power of the Supreme Court under the
Constitution?
A:
a. The rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases;
b. The rules shall be uniform for courts of the
same grade; and
c. The rules shall not diminish, increase, or
modify substantive rights (Phil. Const, art.
VIII, § 5.)
Q: What is the doctrine of hierarchy of courts?
A: The judicial system follows a ladderized
scheme which in essence requires the lower
courts to initially decide on a case before it is
considered by a higher court.
A higher court will not entertain direct resort to it
unless the redress cannot be obtained in the
jurisdiction to issue this writ should be allowed only
when there are special and important reasons,
clearly and specifically set out in the petition.
(Republic v. Caguioa, G.R. No. 174385, 2013)
Q: What is the exhaustion of administrative
remedies?
A: The general rule is that before a party may seek
the intervention of the court, he should first avail of
all the means afforded him by administrative
processes. The issues which administrative
agencies are authorized to decide should not be
summarily taken from them and submitted to a
court without first giving such administrative
agency the opportunity to dispose of the same
after due deliberation. (Addition Hills v.
Megaworld, G.R. No. 175039, 2012 citing
Republic v. Lacap, G.R. No. 158253, 2007)
Q: What is the doctrine of judicial hierarchy?
A: The judicial hierarchy of courts generally
applies to cases involving warring factual
allegations. For this reason, litigants are required
to repair to the trial courts at the first instance to
determine the truth or falsity of these contending
allegations on the basis of the evidence of the
parties. Cases which depend on disputed facts for
decision cannot be brought immediately before
appellate courts as they are not triers of facts.
Be that as it may, it is not an iron clad rule. A strict
application of the rule of hierarchy of courts is not
necessary when the cases brought before the
appellate courts do not involve factual but legal
questions. (Mangaliag v. Catubig-Pastoral, G.R.
No. 143951,2005)
Q: What is the doctrine of judicial non­
interference?
A: The doctrine of judicial stability or non­
interference in the regular orders or judgments of
a co-equal court is an elementary principle in the
administration of justice: no court can interfere by
injunction with the judgments or orders of another
court of concurrent jurisdiction having the power to
grant the relief sought by the injunction. The
rationale for the rule is founded on the concept of
jurisdiction: a court that acquires jurisdiction over

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the case and renders judgment therein has order of some lower
jurisdiction over its judgment, to the exclusion of all courts.
other coordinate courts, for its execution and over
all its incidents, and to control, in furtherance of Q: Distinguish between exclusive and
justice, the conduct of ministerial officers acting in concurrent jurisdiction.
connection with this judgment. (Cabili v. A:
Balindong, A.M. No. RTJ-10-2225, 2011). EXCLUSIVE CONCURRENT 1
It is the power or It is the power
II. GENERAL PRINCIPLES ON authority of the court conferred upon
JURISDICTION to hear and determine different courts,
cases to the exclusion whether of the same
of all other courts or different ranks, to
Q: Distinguish between general and special
take cognizance at
jurisdiction.
the same stage of
A:
the same case in the
GENERAL SPECIAL
same or different
The power of the One which restricts judicial territories
court to adjudicate ail the court's jurisdiction
controversies except only to particular
Q: What are the other classifications of
those expressly cases and subject to
jurisdiction?
withheld from the such limitations as A:
plenary powers of the may be provided by a. Exclusive Original - The power of the court to
court. It extends to all the governing law. It is
take judicial cognizance of a case instituted for
controversies which confined to particular judicial action for the first time under the
may be brought causes, or which can
conditions provided by law, and to the
before a court within be exercised only
exclusion of all other courts
the legal bounds of under the limitations
b. Delegated - The grant of authority to inferior
rights and remedies and circumstances courts to hear and determine cadastral and
prescribed by the land registration cases under certain conditions
statute
c. Territorial - It is the power and authority to
exercise its power within its territorial region
Q: Distinguish between original and appellate (Tan, Civil Procedure Book I: A Guide for the
jurisdiction. Bench and the Bar, 2017, pp. 99-104)
A:
ORIGINAL APPELLATE Q: What is the doctrine of hierarchy of courts?
The power of the The power and A: The judicial system follows a ladderized
court to take judicial authority conferred scheme which in essence requires the lower
cognizance of a case upon a superior court courts to initially decide on a case before it is
instituted for judicial to rehear and considered by a higher court.
action for the first time determine causes
under the conditions which have been tried A higher court will not entertain direct resort to it
provided by law in lower courts, the unless the redress cannot be obtained in the
cognizance which a appropriate courts (Santiago v. Vasquez, G.R.
superior court takes of Nos. 99289-90, 1993).
a case removed to it,
by appeal or writ of A direct invocation of the Supreme Court’s original
error, from the jurisdiction to issue this writ should be allowed only
decision of a lower when there are special and important reasons,
court, or the review by clearly and specifically set out in the petition.
a superior court of the (Republic v. Caguioa, G.R. No. 174385, 2013)
final judgment or

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Q: What is the doctrine of adherence of

JURISDICTION VENUE
jurisdiction?
A: Once jurisdiction has attached, it cannot be Authority to hear and Place where the case
ousted by subsequent happenings or events, determine a case is to be heard or tried
although the event is of such character which
would have prevented jurisdiction from attaching A matter of A matter of procedural
in the first instance. Once jurisdiction has been substantive law law
acquired by the court, it retains that jurisdiction
until it finally disposes of the case (Baritua v. Establishes a relation Establishes a relation
Mercader, G.R. No. 136048, 2001). between the court and between plaintiff and
the subject matter defendant, or
Q: How is jurisdiction over the plaintiff petitioner and
acquired? respondent
A: Jurisdiction over the person of the plaintiff is
acquired by the filing of the initiatory pleading, Fixed by law and May be conferred by
such as a complaint (De Joya v. Marquez, G.R. cannot be conferred the act or agreement
No. 162416, 2006). by the parties of the parties (e.g. a
contractual stipulation
Q: How is jurisdiction over the subject matter can contain the
acquired? following: “In case of
A: Jurisdiction of the Court over the subject matter dispute arising from
is conferred by law and determined by the this contract, a party
allegations in the complaint (Ursua vs. RP, GR No. shall file a suit
178193, 2012) exclusively with the
Regional Trial Court of
Q: How is jurisdiction over the issues Pasig City”) (Nocum v.
acquired? Tan, G.R. No. 145022,
A: It is acquired or conferred by the pleadings (De 2005)
Joya v. Marquez, G.R. No. 162416, 2006).
Lack of jurisdiction Not a ground for a
Q: How is jurisdiction over the res or property over the subject matter motu proprio dismissal
acquired? is a ground for a motu (except in cases
proprio dismissal subject to Summary
A: It is acquired by the seizure of the thing under Procedure)
legal process or it may result from the institution of
legal proceedings (De Joya v. Marquez, G.R. No. Cannot be waived May be waived only
162416, 2006). in civil cases. In
criminal cases, venue
Q: Compare venue and jurisdiction. is jurisdictional
A: (Nocum v. Tan, G.R.
No. 145022, 2005,
Dacoycoy v. IAC, G.R.
No. 74854, 1991)

Q: What happens when the venue is

improperly laid?
A: In civil proceedings, venue is procedural, not
jurisdictional, and it may be waived by the
defendant if not seasonably raised either in a
motion to dismiss or in the answer (BPI Family
Savings Bank, Inc. v. Yujuico, G.R. No. 175796,
2015).
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Q: Does exclusive venue stipulation apply
where the complaint assails the validity of the
written instrument?
A: No. In cases where the complaint assails only
the terms, conditions, and/or coverage of a written
instrument and not its validity, the exclusive venue
stipulation contained therein shall still be binding
on the parties, and thus, the complaint may be
properly dismissed on the ground of improper
venue. However, if the complaint assailis the
validity of the written instrument itself, the parties
should not be bound by the exclusive venue
stipulation contained therein. It would be inherently
inconsistent for a complaint of this nature to
recognize the exclusive venue stipulation when it,
in fact, precisely assails the validity of the
instrument in which such stipulation is contained
(Briones v. CA, G.R. No. 204444, 2015).
Q: What are some actions incapable of
pecuniary estimation?
A:
1. Actions for specific performance;
2. Actions for support which will require the
determination of the civil status;
3. The right to support of the plaintiff;
4. Those for the annulment of decisions of lower
courts;
5. Those for the rescission or reformation of
contracts;
6. Interpretation of a contractual stipulation (Heirs
of Bautista v. Undo, G.R. No. 108232, 2014).
Q: X filed a complaint to enforce his right
granted by law to recover the lot subject of free
patent. Which court has jurisdiction over the
complaint?
A: RTC. The action is for specific performance;
hence, incapable of pecuniary estimation and is
cognizable by the RTC. Although the selling price
is less than PHP 20,000, the RTC still has
jurisdiction because the repurchase of the lots is
only incidental to the exercise of the right to
redeem. The reconveyance of the title to
petitioners is not the principal or main relief or
remedy sought (Heirs of Bautista v. Undo G.R. No.
208232, 2014).
Q: What is the nature of an action to recover
deficiency on the extrajudicial foreclosure?
A: It is a personal action for it does not affect title
to or possession of real property, or any interest
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REMEDIAL LAW
therein (BPi Savings Bank v. Spouses Benedicio,
G.R. No. 175796, 2015).
Q: M filed before the DENR two Townsite Sales
Applications. Upon his death, his applications
were transferred to his heirs, X. N executed a
deed of transfer of rights, transferring his
hereditary share in the property covered by
TSA No. 123 to Sps Y and Z. Sometime
thereafter, an OCT was issued in favor o f X. X
filed before the RTC a Complaint or Recovery
of Possession of Real Property against Y and
Z. X allege that they are the true owners o f the
parcel of land that Y and Z’s TSA encroach
upon the subject property.
RTC ruled in favor of X, but CA reversed the
decision on the ground of lack o f jurisdiction.
Did RTC acquire jurisdiction over the
complaint?
A: No. The Court held that in an action for recovery
of possession, the assessed value of the property
sought to be recovered determines the court’s
jurisdiction. In this case, for the RTC to exercise
jurisdiction, the assessed value of the subject
property must exceed P20,000.00. Since X failed
to allege in their Complaint the assessed value of
the subject property, the CA correctly dismissed
the Complaint as petitioners failed to establish that
the RTC had jurisdiction over it. In fact, since the
assessed value of the property was not alleged, it
cannot be determined which trial court had original
and exclusive jurisdiction over the case.
In an action to recover, the property must be
identified. The plaintiff, therefore, is duty-bound to
clearly identify the land sought to be recovered, in
accordance with the title on which he anchors his
right of ownership. In this case, X failed to identify
the property they seek to recover as they failed to
describe the location, the area, as well as the
boundaries thereof. (Heirs of Julao v Alejandro,
G.R. No. 176020, September 29, 2014)
Q: Which is the basis in determining which
court has jurisdiction over a complaint for
accion publiciana?
A: It depends on the assessed value of the
property sought to be recovered (Supapo v. Sps.
de Jesus, G.R. No. 198356, 2015).
Q: The case is for the declaration of the nullity
of a contract of loan and its accompanying
continuing surety agreement, and the real
estate and chattel mortgages. What is the
nature of the action? Where should it be filed?
ATENEO CENTRAL
BAR OPERATIONS 2019
A: It is a personal action; under Section 2, Rule 4
of the Rules of Court, the venue of a personal
action is the place where the plaintiff or any of the
principal plaintiffs resides, or where the defendant
or any of the principal defendants resides, or in the
case of a non-resident defendant where he may
be found, at the election of the plaintiff, for which
reason the action is considered a TRANSITORY
one. Unlike a real action, where it has to be
commenced and tried in the proper court having
jurisdiction over the area wherein the real property
involved, or a portion thereof is situated, which
explains why the action is also referred to as a
LOCAL action (BPI v. Hontanosas, G.R. No.
15761325, 2014)
Q: How is jurisdiction of the court determined?
A:
General Rule: The jurisdiction of the court is
determined by the statute in force at the time of the
commencement of the action. (Narra Nickel Mining
v. Redmont, G.R. No. 195580, 2014)
Exception: Unless such statute provides for its
retroactive application, as where it is a curative
legislation. (Atlas Fertilizer v. Navarro, G.R. No.
72074, 1987)
The courts acquire jurisdiction over a case only
upon payment of the prescribed docket fee.
(Pacific Redhouse Corp v. EIB Securities, G.R.
No. 184036, 2010)
When several courts have concurrent jurisdiction,
the first court which acquires jurisdiction retains it
to the exclusion of the others. (Nenaria v. Veluz,
G.R. No. L-4683, 1952)
Q: Which cases are covered by Barangay
Conciliation?
A: All disputes are subject to Barangay conciliation
and prior recourse thereto is a pre-condition before
filing a complaint in court or any government
offices, except in the following disputes:
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. Where the dispute involves real properties
located in different cities and municipalities,
unless the parties thereto agree to submit their
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REMEDIAL LAW
difference to amicable settlement by an
appropriate Lupon;
4. Any complaint by or against corporations,
partnerships or juridical entities, since only
individuals shall be parties to Barangay
conciliation proceedings either as
complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules);
5. 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;
6. Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding
one (1) year or a fine over five thousand pesos
(P5,000.00);
7. Offenses where there is no private offended
party;
8. 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 his
liberty or one 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.
9. Any class of disputes which the President may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
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., 171 SCRA 442; Art. 226, Labor
Code, as amended, which grants original and
exclusive jurisdiction over conciliation and
mediation of disputes, grievances or problems
to certain offices of the Department of Labor
and Employment);
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12.Actions to annul judgment upon a compromise,
which may be filed directly in court (See
Sanchez vs. Tupaz, 158 SCRA 459).
(Guidelines on Katarungang Pambarangay
Conciliation Procedure, Supreme Court
Administrative Circular No. 14-93, 1993)
Q: What cases are covered by small claims?
Which court has jurisdiction over these cases?
A: Actions before the MeTCs, MTCCs, MTCs and
MTCTs for payment of money where the value of
the claim does not exceed the jurisdictional
amount of these court under RA No 76991 (Php
400,000.00 for the MeTCs and Php 300,000.00 for
the MTCCs, MTCs and MCTCs), exclusive of
interest and costs. (OCA Circular No 45-2019,
effective on 1 April 2019)
Q: What cases are covered by Summary
Procedure? Which court has jurisdiction over
these cases?
A: Actions in the Metropolitan Trial Courts, the
Municipal Trial Courts in Cities, the Municipal Trial
Courts, and the Municipal Circuit Trial Courts in
the following cases falling within their jurisdiction:
A, Civil Cases:
1 All cases of forcible entry and unlawful
detainer, irrespective of the amount of
damages or unpaid rentals sought to be
recovered. Where attorney's fees are awarded,
the same shall not exceed twenty thousand
pesos (P20,000.00).
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2. All other cases, except probate proceedings,
where the total amount of the plaintiff's claim
does not exceed one hundred thousand pesos
(P100,000.00) or, two hundred thousand pesos
(P200,000.00) in Metropolitan Manila,
exclusive of interest and costs.
B. Criminal Cases:
1. Violations of traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a
fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in
offenses involving damage to property through
criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten
thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where
the plaintiffs cause of action is pleaded in the
same complaint with another cause of action
subject to the ordinary procedure; nor to a
criminal case where the offense charged is
necessarily related to another criminal case
subject to the ordinary procedure. (Revised
Rule on Summary Procedure, Resolution of the
Court En Banc 1991, 1991)
ATENEO CENTRAL
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III. JURISDICTION OF COURTS

NOTE: The Jurisdiction tables below are taken from Feriaf , Justice Jose Y. and Atty. Maria Concepcion S.
Noche. Civil Procedure Annotated. Vol. 1. 2013 Ed. Quezon City: Central Book Supply, Inc., 2013. 665-
700, updated with jurisprudence and new laws.

1. SUPREME COURT
(Feria and Noche, pp.665-668)

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
1. Court of Appeals.
2. Commission on Elections.
3. Commission on Audit.
4. Sandiganbayan
5. Court of Tax Appeals.

ii. Original and Concurrent

1. With the CA 1. Petitions for the issuance of writs of certiorari, prohibition and
mandamus against:
a. NLRC. [However, the petitions should be filed with the CA based on
hierarchy of courts; otherwise, they shall be dismissed.]
b. CSC.
c. Quasi-Judicial Agencies. [However, the petitions should be filed with
the CA.]
d. RTC and lower courts.
2. Petitions for the issuance of a writ of kalikasan.

2. With the CA, SB and 1. Petition for writ of amparo.

RTC 2. Petition for writ of habeas data.

3. With the CA and RTC
1. Petitions for habeas corpus and quo warranto.
2. Petitions for the issuance of writs of certiorari, prohibition and
mandamus against lower courts or bodies.
3. Petitions for the issuance of writ of continuing mandamus in
environmental cases.

4. With the RTC Actions affecting ambassadors, other public ministers and consuls.

(b) APPELLATE JURISDICTION

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1- Appeal by Notice of
Appeal
2. Appeal by Petition fo r
Review on Certiorari
3. Special Civil Action of
Certiorari within 30 days
Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction.
REMEDIAL LAW
From the RTC or the SB in all criminal cases where the penalty imposed
is reclusion perpetua or higher, and those involving other offenses which,
although not so punished, arose out of the same occurrence or which may
have been committed by the accused on the same occasion, as that
giving rise to the more serious offense, regardless of whether the accused
are charged principals, accomplices or accessories, or whether they have
been tried jointly or separately.
By appeal, the SC reviews the questions of law and of fact decided by
the court a quo.
Appeals from the:
1. Court of Appeals
2. Sandiganbayan - on pure questions of law, except in cases where
the penalty imposed is reclusion perpetua, life imprisonment or
death
3. Court of Tax Appeals.
4. Regional Trial Courts - exercising original jurisdiction in the following
cases:
a. If no question of fact is involved and the cases involves:
(i) Constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or
regulation in question;
(ii) Legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto; or
(iii) Jurisdiction of lower courts is in issue.
(Note: If, in addition to constitutional, tax, or jurisdictional questions,
the cases mentioned in (i), (ii) and (iii) above also involve questions
of fact or mixed questions of fact and law, the aggrieved party shall
appeal to the CA; and the final judgment or decision of the latter may
be reviewed, revised, reversed, modified or affirmed by the SC on writ
of certiorari)
b. All cases in which only errors of questions of law are involved.
Decision, order or ruling of:
1. Commission on Elections.
2. Commission on Audit.
2. COURT OF APPEALS
(Feria and Noche, pp. 669-672)
(a) ORIGINAL JURISDICTION
Original and Exclusive
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ii. Original and Concurrent

1. With the SC 1. Petitions for the issuance of writs of certiorari, prohibition and
mandamus against:
a. NLRC. [However, the petitions should be filed with the CA;
otherwise, they shall be dismissed.]
b. CSC.
c. Quasi-Judicial Agencies. [However, the petitions should be filed
with the CA.]
d. RTC and lower courts.
2. Petitions for the issuance of a writ of kalikasan.

2. With the SC, SB, and 1. Petition for writ of amparo.

RTC 2. Petition for writ of habeas data.

3. With the SC and RTC 1. Petitions for habeas corpus and quo warranto.
2. Petitions for the issuance of writs of certiorari, prohibition and
mandamus against lower courts or bodies.
3. Petitions for the issuance of writ of continuing mandamus in
environmental cases.

i. Exclusive Appellate

1- Ordinary Appeal by Appeals from:

Notice o f 2. Appeal or 1. RTC in the exercise of its original jurisdiction, except in all cases where
Record on Appeal only questions of law are raised or involved, which are appealable to
the SC by petition for review on certiorari in accordance with Rule 45.
2. RTC on constitutional and jurisdictional questions which involve
questions of fact.
3. Family Courts.

3. Appeal by Petition fo r An appeal may be taken to the CA whether the appeal involves questions
Review of fact, mixed questions of fact and law, or questions of law, in the
following cases:

Reaular
1. Appeals from RTC in the exercise of its appellate jurisdiction.

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Special
1. Appeals from CSC.
2. Appeals from Quasi-Judicial Agencies:
a. Securities and Exchange Commission
b. Office of the President
c. Land Registration Authority
d. Social Security Commission
e. Civil and Aeronautics Board
f. Intellectual Property Office
g. National Electrification Administration
h. Energy Regulatory Commission
i. National Telecommunications Commission
j. Department of Agrarian Reform under RA 6657
k. Government Service Insurance System
L Employees Service Insurance System
m. Insurance Commission
n. Philippine Atomic Energy Commission
o. Board of Investments
p. Construction Industry Arbitration Commission
q. Voluntary Arbitrators authorized by law
r. Ombudsman, in administrative disciplinary cases
s. National Commission on Indigenous Peoples

From the judgments or final orders or resolutions of the CA, the aggrieved
party may appeal by certiorari to the SC as provided in Rule 45.

Judgments and final orders of the CTA en banc are now appealable to the
SC through a petition for review under Rule 45, pursuant to RA 9282.

3. SANDIGANBAYAN
(as amended by Section 4, R.A. 10660, promulgated April 16, 2015)

(a) EXCLUSIVE ORIGINAL

1. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, otherwise known as An Act Declaring Forfeiture in favor of the
State any Property Found to have been Unlawfully Acquired by any Public Officer or Employee and
Providing for the Proceedings therefor, and Chapter II, Section 2, Title VII, Book ISof the Revised Penal
Code, where one or more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim capacity, at the time of the commission of the
offense:

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a. Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as Grade 27 and higher, of the Compensation and Position Classification
Act of 1989 (Republic Act No. 6758), specifically including:
i. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads:
ii. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
iii. Officials of the diplomatic service occupying the position of consul and higher;
iv. Philippine army and air force colonels, naval captains, and all officers of higher rank;
v. Officers of the Philippine National Police while occupying the position of provincial director
and those holding the rank of senior superintendent and higher;
vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
vii. Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.
Note: Those specifically mentioned herein (a-g) need not be with a salary grade of 27 or higher to be
under the jurisdiction of the Sandiganbayan. finding v. Sandiganbayan, G.R. No. 143047, 2004)
b. Members of Congress and officials thereof classified as Grade 27 and higher under the
Compensation and Position Classification Act of 1989;
c. Members of the judiciary without prejudice to the provisions of the Constitution;
d. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions
of the Constitution; and

All other national and local officials classified as Grade 27 and higher under the Compensation and
Position Classification Act of 1989.

Note: In cases where none of the accused are occupying positions corresponding to Salary Grade ’27’
or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial
court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Big. 129, as amended.

r offenses or felonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a. of this section in relation to their office.

fense is in relation to the office when:

a. The offense is intimately connected with the office of the offender and perpetrated while he was
in the performance of his official functions
b. The crime cannot exist without the office
c. The office is a constituent element of the crime as defined in the statute

laracter of being “in relation to his office” is absent or is not alleged in the information, the crime committed
falls within the exclusive original jurisdiction of ordinary courts and not the Sandiganbayan.

and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,2, 14 and 14-A, issued
in 1986.

Note: Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted
with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts,

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the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and
no right to reserve the filing of such civil action separately from the criminal action shall be recognized.

Note: Where the civil action had heretofore been filed separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said
civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned.

4. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Note that the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.

(b) EXCLUSIVE APPELLATE

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or
orders of Regional Trial Courts whether in the exercise of their own original jurisdiction or of their
appellate jurisdiction as provided in R.A. 10660.

Note: The procedure prescribed in Batas Pambansa Big. 129, as well as the implementing rules that the
Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review
to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In
all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office
of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except
in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

4. COURT OF TAX APPEALS

(a) EXCLUSIVE APPELLATE JURISDICTION: BY APPEAL

1. Decisions from 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 underthe National Internal
Revenue Code (NIRC) or other laws administered by the Bureau of Internal Revenue (BIR).

2. Inaction by the COMMISSIONER 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 NIRC or other laws
administered by the BIR, where the NIRC provides a specific period of action, in which case the
inaction shall be deemed a denial.

3. Decisions, orders or resolutions of REGIONAL TRIAL COURTS

in local tax cases originally decided or resolved by them in the exercise of their original and
appellate jurisdiction.

4. Decisions of the COMMISSIONER OF CUSTOMS

in cases involving liability for custom duties, fees or other money charges, seizure, detention or

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release of property affected, fines, forfeitures or other penalties in relation thereto, or other
matters arising under 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/her 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 non-agricultural product, commodity or article; and

8. Decisions of the SECRETARY OF AGRICULTURE

in the case of agricultural product, commodity or article involving dumping and countervailing
duties under Sections 301 and 302, respectively, of the Tariff and Customs Code and safeguard
measures under the RA 8800, where either party may appeal the decision to impose or not to
impose said duties.

(b) CRIMINAL CASES

1. Exclusive Appellate Criminal cases arising from violations of the:

Jurisdiction 1. National Internal Revenue Code.
2. Tariff and Customs Code.
3. Other laws administered by the BIR or the Bureau of Customs.

Provided, however, that offenses or felonies mentioned in this

paragraph where the principal amount of taxes and fees, exclusive of
charges and penalties, claimed in less than P1M or where there is no
specified amount claimed shall be tried by the regular courts and the
jurisdiction of the CTA shall be appellate.

Any provision of law or the Rules of Court to the contrary

notwithstanding, the criminal action and the corresponding civil action
for the recovery of civil liability for taxes and penalties shall be at all
times be simultaneously instituted with, and jointly determined in the
same proceeding by the CTA, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no
right to reserve the filing of such civil action separately from the criminal
action will be recognized.

2. Exclusive Appellate 1. Over appeals from the judgments, resolutions or orders of the RTC
Jurisdiction in tax cases originally decided by them, in their respective territorial
jurisdiction.
2. Over petitions for review of the judgments, resolutions or orders of
the RTC in the exercise of their appellate jurisdiction over tax cases
originally decided the MeTC, MTC and MCTC in their respective
jurisdiction.

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(c) TAX COLLECTION CASES

1. Exclusive Original Cases involving final and executory assessment for taxes, fees,
Jurisdiction charges and penalties: Provided, however, that collection cases where
the principal amount of taxes and fees, exclusive of charges and
penalties, claimed is less than P1M shall be tried by the proper MIC,
MeTC and RTC.

2. Exclusive Appellate In tax collection cases:

Jurisdiction 1. Over appeals from the judgments, resolutions or orders of the RTC
in tax collection cases originally decided by them, in their respective
territorial jurisdiction.
2. Over petitions for review of judgments, resolutions or orders of the
RTC in the exercise of their appellate jurisdiction over tax collection
cases originally decided the MeTC, MTC and MCTC in their respective
jurisdiction.

5. REGIONAL TRIAL COURTS

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

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1. CIVIL Cases 1. Civil actions in which the subject of litigation is incapable of pecuniary
estimation
2. Civil actions which involve the title to, or possession of, REAL
property, or any interest therein, where the assessed value of the
property involved exceeds P20K, or P50K if in Metro Manila, except
actions forcible entry and unlawful detainer which are cognizable by the
MeTC, MTC, MCTC.
3. Actions in admiralty and maritime jurisdiction where the demand or
claim exceeds P300K, or P400K if in Metro Manila.
4. Matters of probate, both testate and intestate, where the gross value
of the estate exceeds P300K, or P400K if in Metro Manila.
5. Cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial functions.
6. Actions involving the contract of marriage and marital relations.
7. Civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of
the Special Agrarian Courts as now provided by law.
8. Other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney’s fees, litigation expenses, and costs or the
value of the property in controversy, exceeds P300k, or P400k if in
Metro Manila.

IMPORTANT: If the claim for damages is the main cause of action, the
amount thereof shall be considered in determining the jurisdiction of
the court.

2. CRIMINAL Cases Criminal cases not within the exclusive jurisdiction of any court, tribunal
or body, such as the following:
1. Penalty provided by law exceeds 6 years imprisonment, irrespective
of fine.
2. Those not falling under the original jurisdiction of the Sandiganbayan
where none of the principal accused are occupying positions
corresponding to salary grade ourts as now provided by law., except
actions for Manila.try and unlawful detainer which are co their equivalent
and the penalty provided by law exceeds 6 years imprisonment,
irrespective of fine.
3. Only penalty provided by law is a fine exceeding P4K.
4. Over criminal cases specifically conferred by special laws:
a. Libel and written defamation. Administrative Order No. 104-
96, 1996 designated the RTC as a special court having
jurisdiction in libel cases.
b. Violations of the Comprehensive Dangerous Drugs Act of
2002. Regardless of its penalty, the jurisdiction falls within
the Regional Trial Court designated as Drugs Court.
(People v. Morales, G.R. No. 126623, 1997; RA. No. 9165,
Sec. 90). But if the case involves a minor, the jurisdiction
lies with the Family Courts. (R.A. 8369)
c. Violations of intellectual property rights. (A.M. No. 03-03-
03-SC, 2003)
d. Election offenses

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e. Violations of the Anti-Violence against Women and their

Children Act of 2004 (specifically, those involving violence
against women and children as defined under Section 5).
f. Violations of the Comprehensive Agrarian Reform Law.

N.B.: Family Courts have exclusive original jurisdiction over criminal

cases where one or more of the accused is below 18 years old, or
when one or more of the victim s is a minor at the time of the
commission of the offense. However, if the victim has already died, such
as in homicide cases, the regular courts can have jurisdiction. (People
vDela Torre-Yadao, G.R. Nos. 162144-54).

3. OTHER Cases 1. Actions for recognition and enforcement of an arbitration agreement

or for vacation, setting aside, correction or modification of an arbitral
award, and any application with a court for arbitration assistance and
supervision.
2. Actions for determination of just compensation to land under the
CARL.
3. R.A. 10660 (promulgated April 16, 2015):
The REGIONAL TRIAL COURT shall have exclusive original
jurisdiction where the information involving civil and criminal cases
filed pursuant to and in connection with Executive Order Nos. 1, 2,
14 and 14-A(1986):
a. Does not allege any damage to the government or any bribery;
or
b. Alleges damage to the government or bribery arising from the
same or closely related transactions or acts in an amount not
exceeding One million pesos (P1,000,000.00).

Note: Subject to the rules promulgated by the Supreme Court, the

cases falling under the jurisdiction of the Regional Trial Court under
Section 4 of R.A. 10660 shall be tried in a judicial region other than
where the official holds office.

si. Original and Concurrent

1. With the SC Actions affecting ambassadors and other public ministers and consuls.

2. With the SC and CA 1. Issuance of writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus, and injunction which may be enforced in any part of their
respective regions.
2. Petition for the issuance of writ of continuing mandamus in
environmental cases.

3. With the SC, CA and SB 1. Petition for writ of amparo.

2. Petition for writ of habeas data.

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4. With the Insurance Claims not exceeding P100K. This is applicable if subject of the action
Commissioner is incapable of pecuniary estimation; otherwise, jurisdiction is
concurrent with the MeTC.

The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases which do not fall under the
jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the SC may
determine in the interest of a speedy and efficient administration of justice.

6. FAMILY COURTS

(Feria and Noche, pp. 690-692)

ORIGINAL AND EXCLUSIVE JURISDICTION

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1. Criminal cases where one or more of the accused is iSandle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction
of quasi-judicial bodies and agencies and ascertain any civil liability which the accused may have
incurred. The sentence, however, shall be suspended without need of application pursuant to the Child
and Youth Welfare Code (PD 603).
2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter.
3. Petitions for adoption of children and 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 or gains.
5. Petitions for support and/or acknowledgment.
6. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines (E.O
No. 209).
7. Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions
for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental
authority and other cases cognizable under the Child and Youth Welfare Code (PD 603), Authorizing the
Ministry of Social Services and Development to Take Protective Custody of Child Prostitutes and
Sexually Exploited Children, and for Other Purposes (E.O. 56), and other related laws.
8. Petitions for constitution of the family home.
9. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2005.
10. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act
(RA 7610), as amended by RA 7658 and RA 9231.

11. Cases of violence against:

a. Women - which are acts of gender-based violence that result, 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 of movement; and

b. Children - which include the commission of ail forms of abuse, neglect, exploitation,
violence and discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings
and the corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case pending in
the regular courts, said incident shall be determined in that court.

7. MUNICIPAL TRIAL COURTS and MeTC, MTC and MCTC

(Feria and Noche, pp.685-689)

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

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1. Civil cases 1. Civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the
value of the personal property, estate or amount of demand does NOT
exceed P300K, or P400K if in Metro Manila, exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses, and
costs, the amount of which must be specifically alleged. However,
interest, damages of whatever kind, attorney’s fees, litigation expenses,
and costs shall be included in the determination of the filing fees.
2. Admiralty and maritime cases where the demand or claim does NOT
exceed P300K, or P400K if in Metro Manila.
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.
3. Forcible entry and unlawful detainer regardless of value of property
involved, with jurisdiction to determine the issue of ownership only to
resolve the issue of possession.
4. Civil actions which involve title to, or possession of, REAL property,
or any interest therein where the assessed value of the property or
interest therein does NOT exceed P20K, or P50K if in Metro Manila,
exclusive of interest, damages of whatever kind, attorney’s fees,
litigation expenses, and costs. In cases of land not declared for taxation
purposes, the value of such property shall be determined by the
assessed value of the adjacent lots.
5. Inclusion and exclusion of voters.

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2. Criminal cases
Cadastral or land registration cases covering lots where there is no controversy or opposition, or
contested lots where the value of which does NOT exceed P100K, such value to be ascertained by the
affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from
the corresponding tax declaration of the real property. These cases are assigned and not
automatically delegated.
REMEDIAL LAW
1. Over all violations of city or municipal ordinances committed within
their respective territorial jurisdictions;
2. Over ail offenses punishable with imprisonment of not more than 6
years irrespective of the amount of fine (prision correctional);
3. Over all offenses punishable with fine only amounting to not more
than P4,000.00 without the penalty of imprisonment.
4. Over all offenses (except violations of RA 3019 and Arts. 210 to 212
of RPC) committed by public officers and employees in relation to their
office, including those employed in GOCCs and by private individuals
charged as co-principals, accomplices or accessories, punishable with
imprisonment of not more than 6 years or where none of the accused
holds a position classified as Grade “27” and higher;
5. In all cases of damage to property through criminal negligence,
regardless of other penalties and the civil liabilities arising therefrom;
6. In cases of summary procedure for violations of B.P. 22 (Bouncing
Checks Law). (A. M. No. 00-11-01-SC)
7. Summary procedure in cases of traffic violations, violations of the
rental law, violations of city or municipal ordinances, violations of BP
22, and all other offenses where the penalty does not exceed 6 months
imprisonment and/or P1,000 fine, irrespective of other penalties or civil
liabilities arising therefrom, and in offenses involving damage to
property through criminal negligence where the imposable fine does not
exceed P10,000.
8. Jurisdiction over cases where the imposable penalty is destierro
considering that in the hierarchy of penalties under Article 71 of the
Revised Penal Code, destierro follows arresto mayor which involves
imprisonment. (People v. Eduarte, G.R. No. 88232, 1990)
Municipal Trial Courts have no jurisdiction over cases which by
provision of special law are to be heard before the Regional Trial Courts
or the Sandiganbayan, even if the maximum penalty prescribed by such
special law is less than 6 years. Included in such exceptions are
election offenses, libel or written defamation, and violation of Section
39 of the Dangerous Drugs Act of 1972 (RA. No. 6425).
(b) DELEGATED JURISDICTION
(c) SPECIAL JURISDICTION
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In the absence of a ll the RTC Judges in a province or city:

1. Hear and decide petitions for writ of habeas corpus.
2. Hear and decide applications for bail in criminal cases.

(d) SUMMARY PROCEDURE

1. CIVIL cases 1. Forcible entry and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered.
2. All other cases, except probate proceedings, where the total amount
of the plaintiffs claim does not exceed one hundred thousand pesos
(P100,000) or two hundred thousand pesos (P200,000) in Metropolitan
Manila, exclusive of interest and costs. (AM. No. 02-11-09-SC)

NOTE: Under the Sec. 11 of the 2016 Revised Rules of Procedure for
Small Claims Cases, if the case does not fall under such Rule, but falls
under summary or regular procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed under the appropriate
procedure, and returned to the court where it was assigned, subject to
payment of any deficiency in the applicable regular rate of filing fees. If
a case is filed under the regular or summary procedure, but actually
falls under the Rule for Small Claims cases, the case shall be referred
to the Executive Judge for appropriate assignment.

2. CRIMINAL cases 1. Traffic violations.

2. Rental law violations.
3. Violations of city or municipal ordinances.
4. Violations of B.P. 22 (Bouncing Checks Law).
5. All other cases where penalty does NOT exceed 6 months and/or
fine of P1K.

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IV. CIVIL PROCEDURE
A* ACTIONS
Q: What are ordinary civil actions?
A: It is a formal demand of one’s legal rights in a
court of justice in the manner prescribed by the
court or by the law (Rule 1, Sec. 3(a) as
enunciated by Sps. Ochoa v. Chinabank, G.R. No.
192877, 2011). It is governed by ordinary rules.
Q: What is a real action?
A: A real action affects title to or possession of real
property or an interest therein (Rule 4, Sec. 1).
Q: What is a personal action?
A: A personal action is one brought for the
recovery of personal property, for the enforcement
of some contract or recovery of damages for its
breach, or for the recovery of damages for the
commission of an injury to the person or property
(Go v. UCPB, G.R. No. 156187, 2004).
Q: What are actions in rem, in personam and
quasi in rem?
A:
1. In Rem (DSC-ATI-JDA/R-JBWW)
a. A proceeding to determine the state or
condition of a thing (Lopez v. Director of
Lands, G.R. No. L-22136, 1924).
b. Directed against the thing itself (Alba v. CA,
G.R. No. 164041, 2005).
c. Jurisdiction over the person of the defendant
is not required (Biaco v. Carpo-Morales, G.R.
No. 161417, 2007).
d. Judgment is binding on the whole world
(Ang Lam V. Rosillosa, G.R. No. L-3595,
1950).
An action in rem is one where the action is directed
against the thing itself, as in land registration and
cadastral proceedings (Domagas v Jensen, G.R.
No. 158407, 2005).
2. In Personam (IRPD-APP-JDR-JBPISI)
a. An action to impose a responsibility or
liability upon a person directly (Domagas v
Jensen, G.R. No. 158407, 2005).
b. Directed against a particular person.
(Domagas v Jensen, G.R. No. 158407, 2005).
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c. Jurisdiction over the person of the
defendant is required (Domagas v Jensen,
G.R. No. 158407, 2005).
d. Judgment is binding only upon the parties
Impleaded or their successors-in-iriterest
lMunoz v. Yabut, G.R. No. 142676^2011).
An action in personam is one which has for its
object a judgment against the person. It is a
proceeding to enforce personal rights or
obligations (Domagas v. Jensen, G.R. No.
158407, 2005).
In an action in personam, personal service of
summons, within the forum is essential to the
acquisition of jurisdiction over the person of the
defendant, who does not voluntarily submit himself
to the authority of the court. In other words,
summons by publication cannot confer upon the
court jurisdiction over said defendant (Citizen's
Surety v. Meiencio-Herrera, G.R. No. L-32170,
1971).
3. Quasi In Rem (SIDPOL-APP-JDA/R, JRA-JPP)
a. It is a proceeding, the purpose of which is to
subject the Interest of a named defendant over
a particular property to an obligation or Hen
burdening it.
b. Directed against particular persons.
c. Jurisdiction over the person of the defendant is
not required as long as jurisdiction over the res
is acquired.
d. Judgment is binding upon the particular
persons.
A proceeding quasi in rem is one brought against
persons seeking to subject the property of such
persons to the discharge of the claims assailed. It
deals with the status or ownership of a particular
property (Domagas v. Jensen, supra)
Q: What is an independent civil action?
A: In the cases provided for in Articles 32, 33, 34
and 2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the
offended party. It shall proceed independently of
and simultaneously with 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 (Rule 111, Sec. 3).
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Requisites (PIO) violation of the primary action against a person

1. May be brought by the offended party; rights of the plaintiff. who has committed a
2. Shall proceed independently of criminal action; delict or wrong against
and him/her; it is the right of
3. Shall require only a preponderance of a person to bring and
evidence (Rule 111, Sec. 3). prosecute an action to
obtain a judgment, the
Note: An offended party cannot recover damages elements of which are as
twice for the same act or omission charged in the follows:
criminal action (Rule 111, Sec. 3). 1 There must be a
cause of action;
| B. CAUSE OF ACTION 2. Compliance with all
the conditions
precedents; and
Q: What is a cause of action?
3. Action must be
A: A cause of action is an act or omission of one
instituted by the
party in violation of the legal rights of another (Rule
proper party.
2, Sec. 2))
Reason for the action Remedy or means
(e.g. breach of contract) afforded or the
Q: What is a joinder o f causes of action?
consequent relief (e.g.,
A: A party may in one pleading assert, in the
filing a civil action for
alternative or otherwise, as many causes of action
recovery of damages on
as he may have against an opposing party, subject
the ground of breach of
to the following conditions:
contract).
1. The party joining the causes of action shall
Not affected by May be lost or waived
comply with the rules on joinder of parties;
affirmative defenses (e.g. through
2. The joinder shall not include special civil
(fraud, prescription, prescription if a
actions or actions governed by special rules;
estoppel etc.). complaint is not filed
3. Where the causes of action are between the
within the prescriptive
same parties but pertain to different venues or
period.)
jurisdictions, the joinder may be allowed in the
(Riano, 2014, p. 43).
Regional Trial Court provided one of the
causes of action falls within the jurisdiction of
said court and the venue lies therein; and C. PARTIES TO CIVIL ACTIONS
4. Where the claims in all the causes action are
principally for recovery of money, the Q: Who is a real party-in-interest?
aggregate amount claimed shall be the test of A: A real party-in-interest is one who stands to be
jurisdiction (Rule 2, Section 5). benefited or injured by the judgment in the suit, or
the party entitled to the avails of the suit. (Rule 3,
Q: What is a misjoinder of causes of action? Sec. 2).
A: When there is a misjoinder of causes of action,
the erroneously joined cause of action can be Q: What are the exceptions to the general rule
severed and proceeded with separately upon that one who is not privy to a contract may not
motion by a party or upon the court’s own initiative. bring an action to enforce it?
(Rule 2, Sec. 6) A: The exceptions are:
1. Stipulation pour atrui - If a contract should
Q: Compare right of action and cause of action. contain some stipulation in favor of a third
A: person, he may demand its fulfillment provided
CAUSE OF ACTION RIGHT OF ACTION he communicated his acceptance to the obligor
A delict or wrongful act A remedial right or right before its revocation. A mere incidental benefit
or omission committed to relief granted by law or interest of a person is not sufficient. The
by the defendant in to a party to institute an contracting parties must have clearly and

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deliberately conferred a favor upon a third
person (Civil Code, Art. 1311).
2 . Those who are not principally or subsidiarily
obligated in a contract ma show the detriment
that could result from it i.e., when contracts
entered into in fraud of creditors may be
rescinded when the creditors cannot collect the
claims due them (Civil Code, Art. 1318).
Q: Spouses X are the registered owners of a
parcel of land, Y and Z are alleged to be the
owners of Company A, which owns the lots
adjacent to the property of Spouses X.
Company A claimed that Spouses X were
constructing a fence without a valid permit,
and the construction would destroy the wall of
its building. To gather evidence, Company A
set-up and installed two video surveillance
cameras facing the property of Spouses X. Y
and Z, as a defense, raised that they are not the
owners of Company A and were wrongfully
impleaded in this case. Are Y and Z’s
contention correct?
A: No, The fact that Y and Z are not the registered
owners of the building does not automatically
mean that they did not cause the installation of the
video surveillance cameras. Although Company A
has a juridical personality separate and distinct
from its stockholders, records show that it is a
family-owned corporation managed by the family
of Y and Z. In these instances, the personalities of
Company A and Y and Z seem to merge. As such,
Y and Z are merely using the corporate fiction of
Company A as a shield to protect themselves from
the suit. Y and Z are, thus, proper parties to the
suit (Sps. Hing v. Choachuy, G.R. No. 179736,
June 26, 2013).
Q: Who is an indispensable party?
A: A real party-in-interest without whom NO FINAL
DETERMINATION can be had of an action. They
are those with such an interest in the controversy
that a final adjudication cannot be made, in his
absence, without injuring or affecting that interest
(Rule 3, Sec. 7).
Q: What is the effect of the non-joinder of
indispensable parties?
A: The absence of an indispensable party renders
ail subsequent actions of the court null and void for
want of authority to act, not only as to the absent
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parties but even as to those present (Arcelona v.
CA, G.R. No. 102900, 1997).
However, it is not a ground for automatic dismissal
of complaint; hence, the court should order an
amendment and impleading of the indispensable
parties. The case would be dismissed if there is
refusal to comply with the directive of the court for
the joinder of an indispensable party to the case
(Contreras vs. Rovila Water Supply, G.R. No.
168979, 2013).
Q: What are the two tests to determine an
indispensable party?
A:
1. Whether a relief be afforded to the plaintiff
without the presence of the other party; and
2. Whether the case can be decided on its merits
without prejudicing the rights of the other party
(Republic v. Sandiganbayan, G.R. No.
152154, 2003).
Q: Who is a necessary party?
A: A necessary party is not an indispensable party.
He is ought to be joined as a party if COMPLETE
RELIEF is to be accorded as to those already
parties; he should be joined whenever possible.
Q: Is substitution of a party allowed?
A: Yes. In case of death of a litigant during the
pendency of an action. The heirs of the deceased
may be allowed to be substituted for the deceased,
without requiring the appointment of an executor
or administrator and the court may appoint a
guardian ad litem for the minor heirs (Rule 3, Sec.
16).
Q: Are alternative defendants allowed?
A: Yes. 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, although a
right to relief against one may be inconsistent with
a right of relief against the other (Rule 3, Sec. 13).
Q: When is a party misjoined?
A: A party is MISJOINED when he is made a party
to the action although he should not be impleaded
(Rule 3, Section 11).
Q: What is the remedy in case of misjoinder?
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A: in contract, in misjoinder of cause of action, the
court can order severance (Rule 3, Section 11).
Q: What is the effect of the death o f a party
upon a pending action?
A: The death of the client extinguishes the
attorney-client relationship and divests a counsel
of his authority to represent the client; neither does
he become the counsel of the heirs of the
deceased unless said heirs engage his services.
Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the
duty of his counsel to inform the court within thirty
(30) days after such death of the fact thereof, and
to give the name and address of his legal
representative or representatives. Failure of
counsel to comply with this duty shall be a ground
for disciplinary action. The heirs of the deceased
may be allowed to be substituted for the deceased,
without requiring the appointment of an executor
or administrator and the court may appoint a
guardian ad litem for the minor heirs (Rule 3, Sec.
16).
Q: Does unincorporated association have
capacity to sue?
A: No, because an unincorporated association
cannot be considered a juridical person or an
entity authorized by law, thus it cannot be a party
to a civil action (Association of Flood Victims vs.
COMELEC, G.R. No. 2037755, 2014).
I D. VENUE OF ACTIONS
Q: Can the parties stipulate on the venue?
A: Yes. Parties may stipulate on the venue, as
long as it is agreed in writing before the filing of the
action on the exclusive venue thereof (Rule 4, Sec.
4(b)).
Mere stipulation on the venue of an action,
however, is not enough to preclude parties from
bringing a case in other venues. The parties must
be able to show that such stipulation is exclusive.
In the absence of qualifying or restrictive words,
the stipulation should be deemed as merely an
agreement on an additional forum, not as limiting
venue to the specified place (Sps. Lantin v. Hon.
Lantion, G.R. No. 160053, 1992).
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Examples of qualifying or restrictive words:
"exclusively" and "waiving for this purpose any
other venue," "shall only" preceding the
designation of venue, "to the exclusion of the other
courts," or words of similar import (Auction in
Malinta, Inc. v. Luyaben, G.R. No. 173979, 2007).
Q: What is the venue for real actions?
A: Actions affecting title to or possession of real
property, or interest therein, shall be commenced
and tried in the proper court which has jurisdiction
over the area WHEREIN THE REAL PROPERTY
INVOLVED, or a portion thereof, IS SITUATED
(Rule 4, Sec. 1(1)).
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial court of
the municipality or city WHEREIN THE REAL
PROPERTY involved, or a portion thereof, IS
SITUATED. (Rule 4, Sec. 1(2)).
Real actions, as so opposed to personal actions,
are those which affect the title to or possession of
real property. Where a contrary claim to
ownership is made by an adverse party, and
where the relief prayed for cannot be granted
without the court deciding on the merits, the issue
of ownership and title, more specifically, as to who,
between the contending parties, would have a
better right to the property, the case can only be
but a real action (Gumabon v. Larin, G.R. No.
142523, 2001).
| Where a complaint is entitled as one for specific
performance but nonetheless prays for the
issuance of a deed of sale for a parcel of land, its
primary objective and nature is one to recover the
parcel of land itself and, thus, is deemed a real
action. In such a case, the action must be filed in
the proper court where the property is located
(Gochan v. Gochan, G.R. No. 146089, 2001).
An action to recover the deficiency after
extrajudicial foreclosure of a real property
mortgage is a personal action because it does not
affect title to or possession of real property, or any
interest therein (BPI Family v. Yujuico, G.R.
175796, 2015).
Q: What is the venue for personal actions?
A: All other actions may be commenced and tried
WHERE PLAINTIFF RESIDED, OR WHERE
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DEFENDANT RESIDES or any of the principal
defendants resides, or in the case of a non­
resident defendant WHEREVER HE MAY BE
FOUND, at the election of the plaintiff (Rule 4, Sec.
2).
When there is more than one plaintiff in a personal
action case, the residences of the principal parties
should be the basis for determining proper venue.
Eliminate the qualifying term “principal” [in the
Rules] and the purpose of the Rule would be
defeated where a nominal or formal party is
impleaded in the action since the latter would not
have the degree of interest in the subject of the
action which would warrant and entail the
desirably active participation expected of litigants
in a case (Marcos-Araneta v. Cam, GR No.
154096, 2008).
| E. RULES ON PLEADINGS
1. Kinds of Pleadings
Q: What are the kinds of pleadings?
A: (C3ART)
1. Complaint
2. Counterclaim
3. Cross-claim
4. Answer
5. Reply (Rule 6)
6. Third (fourth, etc. -party complaint)
Q: What is a complaint?
A: A complaint is the pleading alleging the
plaintiffs cause or causes of action. The names
and residences of the plaintiff and defendant must
be stated in the complaint (Rule 6, Sec. 3).
Q: What is an answer?
A: An answer is a pleading in which a defending
party sets forth his defenses. It may be an answer
to a complaint, a counterclaim or a cross-claim.
(Rule 6, Sec. 4)
Q: What is a counterclaim?
A: A counterclaim is any claim, which a defending
party may have against an opposing party. When
a defendant files a counterclaim against the
plaintiff, he becomes the plaintiff in the
counterclaim and the original plaintiff becomes the
defendant.
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A counterclaim may be COMPULSORY or
PERMISSIVE. (Rule 6, Sec. 6)
Q: What is a compulsory counterclaim?
A: Elements: (ATAC)
1. Arises out of or is necessarily connected with
the transaction or occurrence which is the
subject matter of the opposing party’s claim;
2. It does not require for its adjudication the
presence of third parties over whom the court
cannot acquire jurisdiction;
3. The court has jurisdiction over the amount and
nature of the case; and
4. It must be cognizable by the regular courts of
justice (Yulienco v. CA).
Q: May a compulsory counterclaim prosper
after dismissal of complaint for lack of
jurisdiction?
l A: Yes. If the compulsory counterclaim is by
reason of an unfounded suit then it may prosper
even with the main complaint having been
dismissed (Padilla vs Globe Asiatique, G.R. No.
207376, 2014).
Q: When should compulsory counterclaim be
filed?
A: At the time for filing of answer. A claim for
recovery of the excess in the bid price vis-a-vis the
amount due should be interposed as a compulsory
counterclaim in an action for recovery of a
deficiency filed by the mortgagee against the
debtor-mortgagor (MBTC vs CPR Promotions and
Marketing, G.R. No. 200567, 2015).
Q: What is a permissive counterclaim?
A: A counterclaim is permissive if any of the
elements of a compulsory counterclaim is absent
(see above). The most commonly treated feature
of a permissive counterclaim is its absence of a
logical connection with the subject matter of the
complaint. (International Container Terminal
Services Inc. v. CA, G.R. No. 90530, 1992).
A permissive counterclaim does not necessarily
arise out of or is not directly connected with the
subject matter of the first claim; it can be filed as a
separate case altogether. There is a need to pay
for docket fees since it is seen as a different action
altogether with defendants becoming “plaintiffs” in
respect of such counterclaim (Reillo v. San Jose,
G.R. No. 166393, 2009).
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Q: What is a cross-claim?
A: A cross-claim is any claim by one party against
a co-party arising out of the transaction or
occurrence that is the subject matter either of the
original action or of a counterclaim therein.
Such cross-claim may include a claim that the
party against whom it is asserted is or may be
liable to the cross-claimant for all or part of a claim
asserted in the action against the cross-claimant
(Rule 6, Sec. 8).
Requirements: (CAP)
1. A claim by one party against a co-party;
2. Must arise out of the transaction or occurrence
that is the subject matter either of the original
action or of a counterclaim; and
3. The cross-claimant is .prejudiced by the claim
against him by the opposing party. (Rule 6,
Sec. 8)
Q: What is a reply?
A: It is a pleading, the office or function of which is
to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the
answer and thereby join or make issue as to such
new matters.
If a party does not file such reply, all the new
matters alleged in the answer are deemed
controverted or denied. No admission follows from
the failure to file a reply (Rule 6, Sec. 10).
Q: What is a third- (fourth-, etc) party
complaint?
A: A claim that a defending party may, with leave
of court, file against a person not a party to the
action, called the third (fourth, etc.)-party
defendant, for contribution, indemnity, subrogation
or any other relief, in respect of his opponent’s
claim. (Rule 6, Sec. 11)
2. Parts of a Pleading
Q: What are the parts of a pleading?
A:
a. Caption and body - The caption sets forth the
following:
1. The name of the court;
2. The title of the action; and
3. The docket number, if assigned.
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The body sets forth the following:
1. Its designation;
2. The allegation of the party’s claims and
defenses;
3. The reliefs prayed for; and
4. The date of the pleading. (Rule 7)
Q: What is the significance of a lawyer’s
signature?
A: His signature constitutes a certification by him
that (a) he has read the pleading, (b) that to the
best of his knowledge and belief, there is good
ground to support it, and (c) that it is not interposed
for delay (Rule 7, Sec. 3).
What is the effect of an unsigned pleading? It has
NO LEGAL EFFECT. The court is authorized,
however, to allow the pleader to correct the
deficiency if the pleader shows, to the satisfaction
of the court, that the failure to sign the pleading
was due to the mere inadvertence and not to delay
the proceedings (Rule 7, Sec. 3).
Q: What are the actions of counsel that are
subject to disciplinary measures?
A:
1. When he deliberately files an unsigned
pleading
2. When he signs a pleading in violation of the
Rules
3. When he alleges in the pleading scandalous
or indecent matter, or
4. When he fails to promptly report to the court a
change of his address (Rule 7, Sec. 3).
Q: What is verification?
A: It is an affidavit declaring that: (a) the affiant has
read the pleading, and (b) the allegations therein
are true and correct of his personal knowledge
and/or based on authentic records (Rule 7, Sec. 4
as amended by AM No. 00-2-10). Generally,
pleadings need not be verified EXCEPT only
when the law or a rule requires it (Rule 7, Sec. 4).
Q: What is the significance of verification?
A: it is meant to secure an assurance that the
allegations of the petition have been made in good
faith, or are true and correct, not merely
speculative (Sarmiento v. Zaratan, G.R. No.
167471, 2007).
Q: What is Forum Shopping?
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A: it consists of filing multiple suits in different
courts, either simultaneously or successively,
involving the same parties, to ask the courts to rule
on the same related causes and/or to grant the
same or substantially the same relief. It exists
when the elements of litis pendentia are present or
where a final judgment in one case will amount to
res judicata in another. (Heirs of Sotto vs. Palicte,
G.R. No. 159691, 2014)
Q: What is the nature of a certification of non­
forum shopping?
A: It is a mandatory requirement and must be
attached to the initiatory pleading. Failure to do so
constitutes a cause for dismissal without prejudice
(Rule 7, Sec. 5).
Q: How is the certification against forum
shopping executed?
A: It is executed by the PLAINTIFF or the
PRINCIPAL PARTY under oath and must be
signed by the party himself/herself and not
merely by his attorney (Rule 7, Sec. 5).
Q: What are the undertakings of a party under
the certification against forum shopping?
A:
1. That the party has not commenced any action
or filed any claim involving the same issues in
any court, tribunal, or quasi-judicial agency
and, to the best of his/her knowledge, no such
other action or claim is pending therein;
2. That if there is such other pending action or
claim, a complete statement o f the present
status thereof; and
3. That if he/she should thereafter learn that the
same or similar action or claim has been filed
or is pending, he/she shall report that fact
within 5 days therefrom to the court wherein
his/her complaint or initiatory pleading was
been filed (Rule 7, Sec. 5).
Q: May an “ office manager and resident
interpreter” fo r 23 years sign the verification
and certification without need of a board
resolution?
A: Yes. X can be considered as having knowledge
of all matters in the office and is in a position to
verify “the truthfulness and the correctness of the
allegations in the Petition” (Fuji Television
Network, Inc. v. Arlene S. Espiritu, G.R. No.
204944-45, Decembers, 2014).
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3. Allegations in a Pleading
Q: What are the contents of a pleading?
A: A pleading should only contain ULTIMATE
FACTS, which are essential to a party’s cause of
action or defense. It must be stated in a logical
form and in a plain and concise manner (Sec. 1,
Rule 8).
Q: What are ultimate facts?
A: The ULTIMATE FACTS are the important and
substantial facts which form the basis of the
primary right of the plaintiff and which make up the
wrongful act or omission of the defendant. If the
ultimate facts are not alleged, the cause of action
would be insufficient (Riano, Civil Procedure: A
Restatement for the Bar; 2d ed., 2009).
Q: How do you allege fraud or mistake?
A: Fraud or mistake, the circumstances
constituting such fraud or mistake must be stated
with PARTICULARITY.
Q: How do you allege malice, intent,
knowledge or other conditions o f the mind o f a
person?
A: Malice, intent, knowledge or other conditions
of the mind of a person may be averred
GENERALLY. (Rule 8, Sec. 5)
Q: How do you allege an official document or
act?
A: It is sufficient to aver that the document or act
was issued or done in compliance with law (Rule
8, Sec. 9).
Q: How do you plead an actionable document?
A: (SUB-OR-COP)
1. The substance of such document shall be set
forth in the pleading; and the original or a copy
shall be attached as an exhibit; or
2. Said copy may with like effect be set forth in
the pleading (Rule 8, Sec. 7).
Q: What is the effect if the defendant fails to
deny under oath?
A:
1. The genuineness and due execution of an
actionable document is deemed admitted
(Implied Admission) (Casent Realty
Development Corp v. Philbanking Corporation,
G.R. No. 150731, 2007).
ATEMEO CENTRAL
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2. The document need not be formally offered In
evidence (Central Surety v. Hodges, G.R. No.
L-28633, 1971).
Q: What is specific denial?
A: A specific denial is made by specifying each
material allegation of fact, the truth of which the
defendant does not admit and, whenever
practicable, setting forth the substance of the
matters upon which he relies to support his denial
(UA vs. Wallem Philippines Shipping, Inc G.R. No.
171337, 2012).
Q: What is the effect of failure to make a
specific denial?
A:
General Rule: Allegations NOT specifically
denied are deemed admitted (Rule 8, Sec. 11).
Exceptions: (UC-COA)
1. Allegations as to the amount of unliquidated
damages (Rule 8, Sec. 11);
2. Conclusion of law; and
3. Allegations immaterial as to the cause of
action.
Q: When does a specific denial require an
oath?
A: (ADU)
1. Denial of an actionable document (Rule 8,
Section)
2. Denial of allegations of usury in a complaint to
recover usurious interest (Rule 8, Sec. 11)
Q: What is a negative pregnant?
A: Where a fact is alleged with some qualifying or
modifying language, and the denial is conjunctive,
a “negative pregnant” exists, and only the
qualification or modification is denied, while the
fact itself is admitted (Galofa v. Nee Bon Sing,
G.R. No. L-22018, 1968).
4. Effect of Failure to Plead
Q: What is the general rule on the effect of
failure to plead defenses or objections?
A: Defenses and objections not pleaded either in
a motion to dismiss or in the answer are deemed
waived (Rule 9, Sec. 1).
Q: What are the exceptions?
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A: However, there is no such waiver, and the
Court shall DISMISS the claim if it appears from
the pleadings or the evidence on record that there
is: (LLRP)
1. Lack of jurisdiction over the subject matter
2. Litis pendentia
3. Res judicata
4. Prescription (Rule 9, Sec. 1)
Q: What is the effect of the failure to plead a
compulsory counterclaim and cross-claim?
A:
General Rule: A compulsory counterclaim, or a
cross-claim, not set up shall be barred (Rule 9,
Sec. 2).
Exception: Permissive counterclaim shall not be
barred (International Container Terminal Services,
Inc. v. CA, G.R. No. 90530, 1992).
5. Default
Q: What are the remedies against an order o f
default?
A:
1. Remedy after notice of order and before
judgment - File a motion under oath to set aside
the order of default and properly show that:
a. The failure to answer was due to fraud,
accident, mistake, or excusable negligence
(FAME); and
b. Meritorious defense (i.e. affidavit of merit)
(Rule 9, Section 3 (b) of the Rules of Court)
2. Remedy after judgment and before it
become final and executory - File a motion for
new trial under Rule 37 and/or appeal from the
judgment as being contrary to law or evidence
(Lina v. CA, G.R. No. L-63397, 1985).
3. Remedy after judgment becomes final and
executory - File a petition for relief from judgment
under Rule 38.
4. Grave abuse of discretion amounting to lack
or excess of jurisdiction and no plain, speedy,
and adequate remedy available for those
improperly declared in default - Petition for
Certiorari under Rule 65
Q: What is the effect of order of default?
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A: The party in default loses his standing in court, A violation of this Rule may be the cause to
but he is entitled to notices of subsequent consider the paper as not filed (Rule 12, Sec. 11).
proceedings (Rule 9, Sec. 3 (a)).
Q: What papers are required to be filed with the
The party may still participate as a witness (Riano, Court and served upon the parties affected?
Civil Procedure (The Bar Lecture Series) Volume A: (J-PRQ2-WANDS)
i, 2014). L Judgments;
2. Pleadings subsequent to the complaint;
Q: What is the relief from an order of default? 3. Resolutions;
A: A judgment rendered against a party in default 4. Orders;
shall: (EDU) 5. Offers of judgment;
1. not exceed the amount or 6 . Written motion;
2. be different in kind from that prayed for 7. Appearances;
3. nor award unliquidated damages (Rule 9, Sec. 8. Notices;
3 (d)). 9. Demands;
iO.Similar papers (Rule 13, Sec. 4).
Q: What is the effect of partial default?
A: When a pleading asserting a claim states a Q: What are the papers required to be filed?
common cause of action against several A: (PAM-NO-JA)
defending parties, some of whom answer and the 1. Pleadings
others fail to do so, the court shall try the case 2. Appearances
against all upon the answers thus filed and render 3. Motions
judgment upon the evidence presented (Rule 9, 4. Notices
Sec. 3 (c)). 5. Orders
6. Judgments
Q: When is there no defaults allowed? (JAL) 7. All other papers (Rule 13, Sec. 3)
A:
1. Judicial Declaration of Nullity of Marriage Q: What are the papers required to be served
2. Annulment of marriages to the adverse party?
3. Legal Separation (Rule 9, Sec. 3 (e)). A: (POM-NO-JO)
1. Pleadings
6. Filing and Service of Pleadings 2. Orders
3. Motions
Q: What is filing? 4. Notices
A: The act of presenting the pleading or other 5. Judgments
papers to the CLERK OF COURT (Rule 13, Sec. 6. Other papers (Rule 13, Sec. 5)
2). For the purpose of filing, the original must be
presented personally to the clerk of court or by Q: An RTC decision rendered in favor of the
sending the same by registered mail (Rule 13, Republic to expropriate the property of X the
Sec. 3). RTC rendered judgment in favor of the
Republic condemning the subject property fo r
Q: What is service? the purpose of implementing the construction
A: The act of providing a party with a COPY of the of the C-5 Northern Link Road Project Phase 2.
pleading or paper concerned (Riano, p. 402). The RTC likewise directed the Republic to pay
respondents consequential damages
NOTE: Whenever practicable, the service and equivalent to the value of the capital gains tax
filing of pleadings and other papers shall be done and other taxes necessary for the transfer of
personally. Except with respect to papers the subject property in the Republic's name.
emanating from the court, a resort to other modes The Republic moved for partial
must be accompanied by a written explanation reconsideration, specifically on the issue
why the service or filing was not done personally. relating to the payment of the capital gains tax,
but the RTC denied the motion in its Order

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dated January 10, 2013 for having been
belatedly filed. Is the RTC correct to deny such
motion?
A: No. Section 3, Rule 13 of the Rules of Court
provides that if a pleading is filed by registered
mail, the date of mailing shall be considered as the
date of filing. It does not matter when the court
actually receives the mailed pleading. In this case,
the records show that the Republic filed its Motion
for Partial Reconsideration before the RTC via
registered mail on September 28, 2012. Although
the trial court received the Republic's motion only
on October 5, 2012, it should have considered the
pleading to have been filed on September 28,
2012, the date of its mailing, which is clearly within
the reglementary period of 15 days to file said
motion, counted from September 13, 2012, or the
date of the Republic's receipt of the assailed
Decision.Given these circumstances, we hold that
the RTC erred in denying the Republic's Motion for
Partial Reconsideration for having been filed out of
time. (Republic v Sps. Senando G.R. No. 205428,
June 7, 2017)
Q: What are the rules on the payment o f docket
fees?
A: A court acquires jurisdiction over the case only
upon payment of docket fees. (Manchester
Development Corporation vs. CA, GR no. 75919,
1987)
In Manchester, this Court stated that the allegation
in the body of the complaint of damages suffered
in the amount of P78,000,000.00, and the
omission of a specific prayer for that amount, was
intended for no other purpose than to evade the
payment of correct filing fees if not to mislead the
docket clerk in the assessment of the correct fee.
The ruling was intended to put a stop to such an
irregularity. (Yuchengco v. Republic, G.R. No.
131127, 2000)
Therefore where [a party] demonstrated his
willingness to abide by the rules by paying the
additional docket fees as required, a more liberal
interpretation of the rules is called for. (Sun
Insurance Office Ltd. v. Asuncion, 1989)
But the Court clarified that the ruling in Sun
Insurance regarding awards of claims not
specified in the pleading refers only to damages
arising after the filing of the complaint or similar
PAGE 31 OF 152
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pleading as to which the additional filing fee
therefor shall constitute a lien on the judgment.
(Proton Pilipinas Corp. v. Banque Nationale de
Paris, G.R. No. 151242, 2005)
Q: What is the effect of non-payment of docket
fees as required?
A: The Court will fail to acquire jurisdiction over the
case. (Manchester Development Corporation vs.
CA,GR no. 75919, 1987)
| G. AMENDMENT |
Q: How is an amendment made?
A: Pleadings MAY be Amended By: (AS2C2)
1. Adding or striking out an allegation of a party;
2. Adding or striking out the name of a party;
3. Correcting a mistake in the name of a party; and
4. Correcting a mistake or inadequate allegation or
description in any other respect. (Sec. 1, Rule
10)
Q: When is amendment a matter of right?
A: A party may amend his pleading ONCE as a
matter of right. Subsequent amendments must be
WITH LEAVE of court.
It may be exercised at ANY time BEFORE a
responsive pleading is SERVED. In the case of a
reply it may be amended at any time within ten (10)
days after it is SERVED (Rule 10, Sec. 2).
Pleader has a right to amend his complaint before
a responsive pleading is served even if it is to
correct a jurisdictional defect.
When Amendment is a Matter of Right:
1. A COMPLAINT may be amended before an
answer is served (regardless of whether a new
cause of action or change in theory is
introduced - thus, MAY be substantial);
2. An ANSWER may be amended before a reply
is served upon the defendant;
3. A REPLY may be amended any time within ten
(10) days after it is served; and
4. A defect in the designation of the parties and
other clearly clerical or typographical errors
may be summarily corrected by the court at any
stage of the action, at its initiative or on motion,
provided no prejudice is caused thereby to the
adverse party (Rule 10, Sec. 4).
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Section 2 Rule 10 refers to an amendment made
before the trial court and NOT to amendments
before the Court of Appeals. The Court of Appeals
is vested with jurisdiction to admit or deny
amended petitions filed before it (Navarro v. Vda
De Taroma, G.R. No. 160214, 2005).
Even if the motion to dismiss is granted by the
court, the plaintiff may still amend the complaint as
a matter of right before such dismissal becomes
final
Before the filing of any responsive pleading, a
party has the absolute right to amend his
pleading, regardless of whether a new cause of
action or change in theory is introduced. It is
settled that a motion to dismiss is not the
responsive pleading contemplated by the Rule
(Bautista v. Maya-Maya, G.R. No. 148361, 2005).
The plaintiff may amend his complaint once as a
matter of right, i.e. without leave of court, before
any responsive pleading is filed or served.
Responsive pleadings are those which seek
affirmative relief and/or set up defenses, like an
answer. A motion to dismiss is not a responsive
pleading for purposes of Section 2 of Rule 10
(Marcos-Araneta v. CA, G.R. No. 154096, 2008).
It is erroneous for a court to refuse an amendment
exercised as a matter of right and this error may
be corrected by mandamus (Ong Peng v.
Custodio, G.R. No. L-14911, 1961).
Q: When is leave of court required in
amendment?
A:
1 If the amendment is substantial; and
2. A responsive pleading had already been served
(Rule 10, Secs. 2-3).
Q: When can the court refuse to allow
amendments by leave of court?
A: Amendment by Leave of Court may NOT be
Allowed When:1
4
3
2 insufficiently states the cause of action. Such
1. Cause of action, defense or theory of the case
is changed;
2. Amendment is intended to confer jurisdiction to
the court;
3. Amendment to cure a premature or non­
existing cause of action; and
4. Amendment for purposes of delay.
PAGE 32 OF 152
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After a responsive pleading has been served, a
complaint cannot be amended to confer
jurisdiction on the court in which it is filed, if the
cause of action originally set forth was not within
the court's jurisdiction (Campos Rueda
Corporation v. Bautista, G.R. No. L-18453, 1962).
Q: What is a formal amendment?
A: A defect in the designation of the parties and
other clearly CLERICAL or TYPOGRAPHICAL
errors may be summarily corrected by the court at
ANY stage of the action, at its initiative or on
motion, provided so prejudice is caused thereby to
the adverse party (Rule 10, Sec. 4).
Q: When is amendment needed to conform to
or authorize presentation of evidence
applicable?
A: When Issues Not Raised by the Pleadings Are
Tried with the Express or Implied Consent of the
Parties
1. They shall be treated in all respects as if they
had been raised in the pleadings.
2. Such amendment of the pleadings as may be
necessary to cause them to conform to the
evidence may be made upon motion of any
party at any time, even after judgment.
3. BUT failure to amend does NOT affect the
result of the trial of these issues.
If Evidence is Objected to at the Trial on the
Ground That it is Not Within the Issues Made by
the Pleadings
1. The court may allow the pleadings to be
amended.
2. It shall do so with liberality if the presentation of
the merits of the action and the ends of
substantial justice will be sub served thereby.
3. The court may grant a continuance to enable
the amendment to be made (Rule 10, Sec. 5).
This also covers situations where a complaint
insufficiency may be cured by evidence presented
during the trial without objection. However, this is
applicable only if a cause of action in fact exists at
the time the complaint is filed, but the complaint is
defective for failure to allege the essential facts
(Swagman Hotels and Travel Inc., v. CA, G.R. No.
161135, 2005).
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Q: What is the effect of an amended pleading?
A: An amended pleading supersedes the pleading
that it amends.
Under the Rules, pleadings superseded or
amended disappear from the record, lose their
status as pleadings and cease to be judicial
admissions. While they may nonetheless be
utilized against the pleader as extrajudicial
admissions, they must, in order to have such
effect, be formally offered in evidence. If not
offered in evidence, the admission contained
therein will not be considered (Ching v. CA, G.R.
No. 110844, 2000).
Admissions made in the original pleadings are
considered as EXTRAJUDICIAL admissions.
However, admissions in superseded pleadings
may be received in evidence against the pleader
as long as they are formally offered in evidence
(Rule 10, Sec. 8).
Q: What is the procedure?
A: When any pleading is amended, a new copy of
the entire pleading, incorporating the
amendments, which shall be indicated by the
appropriate marks, shall be filed (Rule 10, Sec. 7).
I H, SUMMONS
Q: Nature and purpose of summons in relation
to actions in personam, in rem, and quasi in
rem
A: In actions in personam, the judgment is for or
against a person directly. Jurisdiction over the
parties is required in actions in personam because
they seek to impose personal responsibility or
liability upon a person. [On the other hand,] Courts
need not acquire jurisdiction over parties on this
basis in in rem and quasi in rem actions. Actions
in rem or quasi in rem are not directed against the
person based on his or her personal liability. (De
Pedro v. Romasan Development Corp., G.R. No.
194751, 2014)
Q: What is substituted service?
A: Substituted service can only be made if
personal service CANNOT be made within a
reasonable time for justifiable causes. (Rule 13,
Sec. 8)
PAGE 33 OF 152
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Q: What are the circumstances fo r substituted
service to be justified?
A: For Substituted Service of Summons to be
valid, the following MUST be demonstrated: (IE-
SAD-CP)
1. That personal service of summons within a
reasonable time was impossible;
2. That efforts were exerted to locate the party;
and
3. That 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 regular
place of business. (Macasaet vs. Francisco,
G.R. No. 156759, 2013)
It is likewise required that the pertinent facts
proving these circumstances be stated in the
proof of service or in the officer’s return (Sagana v.
Francisco, G.R. No.161952, 2009).
Q: How is personal service done?
A: How Served (HT)
1. By handing a copy thereof to the defendant in
person
2. If he/she refuses to receive and sign for it,
summons will be tendered by server to
defendant. (Section 6, Rule 13)
|
Q: What are the requirements for extra­
territorial service?
A: Involves a NON-RESIDENT defendant who
CANNOT be found in the Philippines and the
action against him is IN REM or QUASI IN REM.
Exception: When service may be effected OUT of
the Philippines (as provided in extra-territorial
service) for ANY ACTION involving residents who
are TEMPORARILY out of the Philippines. (Rule
14, Sec. 16).
Q: Instances When Extra-territorial Service
May be availed of
A: (PLEA)
1. Actions that affect the personal status of the
plaintiff;
2. Actions which relate to, or the subject matter of
which is property within the Philippines, in
which defendant claims a lien or interest,
actual or contingent;
3. Actions in which the relief demanded consists,
wholly or in part in excluding the defendant
ATENEO CENTRAL
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from an interest in the property located in the
Philippines; and
4. When defendant’s property has been attached
in the Philippines. (Perkin Elmore vs. Dakila
Trading, G.R. No. 172242, 2007)
Q: Petitioners had actually received the
summonses served through their substitutes,
as borne out by their filing of several pleadings
in the RTC, including their answer with
compulsory counterclaim ad cautelam and a
pre-trial brief ad cautelam. They also availed of
the modes of discovery, Can they insist on
personal service?
A: Nos their insistence was demonstrably
superfluous. Such acts evinced their voluntary
appearance in the action (Macasaet vs. Co, G.R.
No. 156759, 2013).
Q: When is summons by publication available
in an action in personam?
A: (DtJ-WU-RT)
1. Identity of the defendant is unknown
2. His whereabouts are unknown and cannot
be ascertained by diligent inquiry;
3. He is a resident of the Philippines but is
temporarily out of the country
If he 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.
Service of summons shall be effected by
publication in a newspaper of general circulation
and in such places and for such time as the court
may order. (Santos vs. PNOC, G.R. No. 170943,
2008)
In ANY suit against a resident of the Philippines
temporarily absent from the country, the defendant
may be served by SUBSTITUTED service
because he still leaves a definite place of
residence where he/she is bound to return. (Rule
14, Sec. 16)
In addition, EXTRA-TERRITORIAL service [by
personal service effected out of the Philippines OR
by publication in a newspaper of general
circulation in such places and for such time as the
court may order] MAY be resorted to WITH LEAVE
PAGE 34 OF 152
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OF COURT. (Riano, Civil Procedure: A
Restatement for the Bar, 2d ed., 2009, p. 400).
Summons by publication against a NON­
RESIDENT in an action IN PERSONAM is NOT a
proper mode of service.
Q: The Sandiganbayan issued summons on an
amended complaint. The summons as to X was
returned unserved. The Republic then filed an
ex parte motion for leave to serve summons by
publication. Alias summons were issued twice
but both were returned unserved. The Republic
then filed a motion to declare defendant X in
default for failure to answer despite summons
by publication, which was eventually granted.
X then filed a motion to lift order of default.
Throughout the proceeding, X also filed a
motion to expunge exhibits, and a motion fo r
leave to take deposition. Is the validity of the
service of summons deemed mooted?
A: Yes. In this case, X filed several motions, which
sought various affirmative reliefs. By doing such,
X was deemed to be submitting himself to the
jurisdiction of the Sandiganbayan. Service of
summons is not the only way to acquire jurisdiction
over the person of the defendant. Another is
through voluntary appearance (Disini v.
Sandiganbayan, G.R. No. 175730, May 7, 2010).
Q: What are the requisites of proof of service?
A: The following are the requisites and contents of
a valid proof of service (W-MPD-SN-S)
1. Made in writing by the server;
2. Shall set forth the manner, place, and date of
service
3. Shall specify any papers which have been
served with the process and the name of the
person who received the same; and
4. Shall be sworn to when made by a person other
than a sheriff or his deputy (Rule 14, Sec. 18).
I. MOTIONS
Q: What is a motion?
A: An application for relief other than by a
pleading.
The rules that apply to pleadings shall also apply
to written motions so far as concerns caption,
designation, signature, and other matters of form.
(Rule 15, Sec. 10)
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Q: Whai is a motion ex parte?
A: One that does not require a party to be heard
and which the court may act upon without
prejudice the rights of the other party.
This kind of motion is not covered by the hearing
requirement under Section 2, Rule 15 of the Rules
of Court. (Bautista vs. Judge Causapin, A.M. No.
RTJ -07-2044, 2011)
Examples:
1. Setting for pre-trial (Rule 18, Sec. 1)
2. Motion for extension of time (Bautista vs. Judge
Causapin, A M No. RTJ -07-2044, 2011)
Q: What is a litigated motion?
A: One which requires the parties to be heard
before ruling on the motion can be made by the
court (Riano, p. 368).
Examples
1. Motion to Dismiss (Rule 16)
2. Motion for Judgment on Pleadings (Rule 34)
3. Summary Judgment (Rule 35)
Q: What is a special motion?
A: A motion addressed to the discretion of the
court (Black’s Law Dictionary).
Q: What is omnibus motion?
A: The OMNIBUS MOTION RULE is a procedural
principle which requires that every motion
attacking a pleading, order, judgment or
proceeding shall include all objections then
available, and all objections not so included shall
be deemed waived (Rule 15, Sec. 8).
Q: What is a motion for bill of particulars?
A: It is a motion which seeks to clarify matters in
the complaint which are vague, ambiguous, or not
averred with sufficient definiteness.
It applies to ANY PLEADING which in the
perception of the movant contains ambiguous
allegations. (Rule 1, Sec. 12, Virata vs.
Sandiganbayan, G.R. No. 106527, 1993)
Q: What are the grounds fo r a motion to
dismiss?
A: (JV-L2-BaCa-ExUC)
1. Absence of jurisdiction over
a. Person of the defending party OR
PAGE 35 OF 152
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b. Subject matter of the claim
2. Venue is improperly laid
3. Plaintiff has no legal capacity to sue
4. Another action is pending between the same
parties for the same cause (Litis Pendentia)
5. Cause of action is barred by
a. A prior judgment (Res Judicata) OR
b. The statute of limitations (Prescription)
6. No cause of action stated in pleading
asserting the claim (Failure to state cause of
action)
7. Payment, waiver, abandonment, or
extinguishment of claim or demand set forth
in the plaintiffs pleading
8. Unenforceable (under the provisions of the
Statute of Frauds) claim under which the action
is founded
9. Non-compliance with a condition precedent
for filing the claim (Rule 16, Sec. 1)
It is subject to the OMNIBUS MOTION RULE. Any
objection available at the time of filing of the
pleading NOT raised will be DEEMED WAIVED.
Q: X raised the ground o f defective verification
and certification of forum shopping only when
they filed their second motion to dismiss,
despite the fact this ground was existent and
available to them at the time of the filing of their
first motion to dismiss. Is this ground waived?
A: Yes, absent any justifiable reason to explain
this fatal omission, the ground of defective
verification and certification of forum shopping was
deemed waived and could no longer be
questioned by the petitioners in their second
motion to dismiss (De Guzman vs. Ochoa, G.R.
No. 169292, April 13, 2011)
Q: What are the 3 courses of action of the court
fo r the resolution of the motion?
A: (DDA)
1. Dismiss the action or claim
2. Deny the motion
3. Order the amendment of the pleading.
Court shall NOT defer the resolution of the motion
for the reason that the ground relied upon is not
indubitable. The resolution shall state clearly and
distinctly the reasons therefor in every case. (Rule
16, Sec. 3)
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Q: What are the remedies of the plaintiff when
the complaint is dismissed?
A: (RAP)
1. Re-file complaint if ground for dismissal does
NOT bar refiling
2. Appeal from order of dismissal if ground for
dismissal is one which BARS refilling of
complaint such as: (RPES)
a. Res judicata
b. Prescription
c. Extinguishment of obligation
d. Violation of the Statue of Frauds (Rule 16,
Sea 5)
3. Petition for Certiorari if court gravely abuses
its discretion in a manner amounting to lack of
jurisdiction and is the appropriate remedy in
those instances when the dismissal is without
prejudice. (Strongworld Construction vs.
Perello, G.R. No. 148026, 2006)
Q: When do you file a motion to dismiss? State
the general rule and the exceptions.
A: General Rule: A motion to dismiss is filed within
the time for filing the answer but BEFORE filing
said answer. If a motion to dismiss is filed AFTER
the answer has been filed, it is to be considered
filed OUT OF TIME and the defending party is
estopped from filing the motion to dismiss.
Exceptions: (LLPS)
A Motion to Dismiss MAY be Filed AFTER the
Filing of an Answer or at any time during the
proceedings:
1. If the ground raised is lack of jurisdiction over
the subject matter;
2. If it is alleged that there is another action
pending between the same parties for the
same cause or litis pendentia;
3. If the ground filed is that the action is barred by
jprior judgment; or
4. If the action is barred by the statute of
limitations (Riano, Civil Procedure Volume 1,
477, 2014).
Q: What are the instances when a complaint
can no longer be re-filed after the court grants
a motion to dismiss?
A: (SURE)
1. Cause of action barred by statute of
limitations
2. Claim is unenforceable under the Statute of
Frauds
PAGE 36 OF 152
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3. Cause of action barred by prior judgm ent or
res judicata;
4. Claim or demand has been paid, waived,
abandoned, or extinguished (Rule 16, Sec. 5).
Q: Is the defense of lack of jurisdiction over the
person of a party one of the defenses which are
not deemed waived under Section 1 o f Rule 9?
A: No. Such defense must be invoked when an
answer or a motion to dismiss is filed in order to
prevent a waiver of the defense (Boston Equity
Resources, Inc. v. CA, G.R. No. 173946, 2013).
Q: Is the ground o f non-compliance with
condition precedent deemed waived if not
raised in motion to dismiss or answer?
A: Yes. The rule is that defenses and objections
not pleaded either in a motion to dismiss or in the
answer are deemed waived. Since the heirs of X
did not raise the defense of non-compliance with
Art 151 of the Family Code as a ground to dismiss
the complaint to annul the Deed of Donation, such
was deemed waived (Heirs of Favis v. Gonzales,
2014).
Q: Is a preliminary hearing on affirmative
defense raised in the answer necessary when
affirmative defense is failure to state a cause
of action?
A: No. When the motion is based on the ground of
insufficiency of the cause of action which must be
determined on the basis only of the facts alleged
in the complaint and no other (Aquino vs. Quiazon,
G.R. No. 201248, 2015).
Q: When can prescription be a ground for
motion to dismiss?
A: An allegation of prescription can effectively be
used in a motion to dismiss only when the
complaint on its face shows that indeed the action
has already prescribed. If the issue of prescription
is one involving evidentiary matters requiring a full­
blown trial on the merits, it cannot be determined
in a motion to dismiss (Sanchez v. Sanchez, G.R.
No. 187661, 2013).
Q: The RTC rendered a Decision in favor of X.
Thereafter, a w rit of execution was issued by
the trial court. Thereafter, the Branch Sheriff
conducted a public bidding and auction sale
over the property covered by TCT during which
X was the highest bidder. Consequently, a
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certificate of sale was executed in her favor on
even date and was annotated at the back of the
TCT. Thereafter, the taxes due on the sale of
the subject property were paid. X filed a
motion for the issuance of an order directing
the sheriff to execute the final certificate of
sale in her favor. Y opposed on the twin
grounds that the subject motion was not
accompanied by a notice of hearing and that
the trial court's Decision can no longer be
executed as it is barred by prescription. The
trial court granted the motion. Y moved for
reconsideration which was denied. Y thereafter
sought review via certiorari before the CA. The
CA denied the petition saying that the motion
is non-litigious so the three-day notice rule
does not apply. Was the CA correct?
A: Yes. The CA correctly ruled that the subject
motion is a non-litigious motion. While, as a
general rule, all written motions should be set for
hearing under Section 4, Rule 15 of the Rules of
Court, excepted from this rule are non-litigious
motions or motions which may be acted upon by
the court without prejudicing the rights of the
adverse party. As already discussed, respondent
is entitled to the issuance of the final certificate of
sale as a matter of right and petitioner is powerless
to oppose the same. Hence, the subject motion
falls under the class of non-litigious motions. (Jose
delos Reyes v. Josephine Ramnani, G.R. No.
169135, June 18, 2010)
| J. DISMISSAL OF ACTIONS
Q: When will the case be dismissed motu
propio or on motion due to the fault of the
plaintiff? (Rule 17, Sec. 3)
A: When, if for no justifiable cause, plaintiff FAILS
to:
1. Appear on the date of presentation of his
evidence in chief;
2. Prosecute his action for an unreasonable
length of time;
3. Comply with the Rules of Court;
4. Comply with any order of the Court; or
5. Appear at pre-trial
Q: What is the effect of dismissal upon motion
of the plaintiff on existing counterclaims?
A: The dismissal of the complaint does not
necessarily carry with it the dismissal of the
counterclaim, compulsory or otherwise. The
PAGE 37 OF 152
REMEDIAL LAW
dismissal of the complaint is without prejudice to
the right of the defendants to prosecute the
counterclaim. (Pinga v. Santiago, G.R. No.
170354, 2006).
| K. PRE-TRIAL |
Q: What are the purposes of pre-trial?
A: To allow the court to consider:
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 dismissing
the action should a valid ground 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 (Rule 18, Sec. 2).
Q: What are the effects of non-appearance in
Pre-trial?
A: If the plaintiff fails to appear, this shall be cause
| for dismissal of the action which is with
prejudice unless otherwise ordered by the
court. If the defendant fails to appear, it shall be
cause to allow the plaintiff to present his
evidence ex parte and the court to render the
judgment on the basis thereof. (Rule 18, Sec.
5)
| L. INTERVENTION |
Q: What are the requisites for intervention?
A:
1. Motion for intervention filed BEFORE rendition
of judgment. (Rule 19, Sec. 2)
2. Movant must show in his/her motion that he/she
a. has legal interest in the matter in litigation, in
the success of either of the parties in the
action, or against both parties; or
 ATENEO CENTRAL
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b. is situated as to be adversely affected by a
distribution or other disposition of property
in the custody of the court. (Rule 19, Sec. 1)
3. Intervention must not unduly delay or prejudice
the adjudication of rights of the original parties.
4. Intervenor’s rights may not be fully protected in
a separate proceeding. (Mactan Cebu vs. Heirs
of Mioza, G.R. No. 186045, 2011)
| M. SUBPOENA
Q: What is subpoena ad testificandum?
A: Process directed to a person requiring him to
attend and to testify at the hearing or for the taking
of his deposition (Rule 21. Sec. 1).
Q: When can subpoena duces tecum and ad
testificandum be quashed?
A: Subpoena duces tecum may be quashed upon
motion promptly made at or before the time
specified therein:
1. If it is unreasonable and oppressive
2. The relevancy of the books, documents, or
things does not appear
3. If the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of
the production thereof
4. That the witnesses’ fees and kilometrage
allowed by the Rules were not tendered when
the subpoena was served (Rule 21, Sec. 4)
Q: When may subpoena ad testificandum be
quashed?
A:
1. It is shown that the witness is not bound
thereby
2. The witness fees and kilometrage allowed by
the Rules were not tendered when the
subpoena was served (Rule 21, Sec. 4).
N. COMPUTATION OF TIME
Q: What is the correct rule on the computation
of time according to A.M. 00-2-14-SC?
A: When the due date falls on a Saturday, Sunday,
or legal holiday, in which case, the filing of the said
pleading on the next working days is deemed on
time. Any extension of time to file the required
pleading should be counted from the expiration of
the period regardless of the fact that said due date
is a Saturday, Sunday, or legal holiday (Reinier
PAGE 38 OF 152
REMEDIAL LAW
Pacific International vs. Guevarra, G.R. No.
157020, 2013).
| O. MODES OF DISCOVERY |
Q: What is a deposition?
A: Taking of the testimony of any person, whether
he/she be a party or not, but at the instance of a
party to the action. This testimony is taken out of
| court and it may either be an oral examination or a
written interrogatory (Rule 23, Sec. 1).
Q: When is leave of court necessary in taking
depositions pending appeal?
A:
1. Afterjslpj jurisdiction[sjpj h a s ^ beenjsEp] obtained^
over[sjpj any-sEp] defendant^] or[s£pj over^i the3£
property^] which[s£pj is[s_Epj they*] subject^] of-slpi
thejslp] action[s.Epj buty*] BEFORE[s|p] an [s|p]answer
has [sEpjbeen [spiled
2. Deposition's]*! oism a[s|pj person^ confinedy*]
in[s£p] prison (Rule 24, Sec. 1).
Q: What are the uses of deposition (under Sec.
4, Rule 23)?
A: (CIAW-D-100-ASI2-S-E)
1. For the purpose of contradicting or
Impeaching the testimony of the deponent as
witness by any party;
2. If the deponent is a party or anyone who was at
the time of the deposition was an officer,
director, or managing agent of a public or
private corporation, partnership or association
which is a party, his/her deposition can be used
by an adverse party for any purpose.
3. If the deponent is a witness, whether or not a
party to the case, his/her deposition may be
used by any party for any purpose if the court
finds that:
a. The witness is dead; or
b. The witness resides at a distance more than
one hundred (100) kilometers from the
place of trial or hearing, or is out of the
Philippines (UNLESS it appears that his/her
absence was procured by the party offering
the deposition); or
c. The witness is unable to attend or testify
because of age, sickness, Infirm ity or
Imprisonment; or
d. The party offering the deposition has been
unable to procure the attendance of the
witness by subpoena; or
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e. Upon application and notice, that such
exceptional circumstances exist as to
make it desirable, in the interest of justice to
allow the deposition to be used (Rule 23,
Sec. 4).
Q: What is 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:
1. Order any party to produce and permit the
inspection and copying or photographing, by or
on behalf of the moving party, 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
2. Order any party to 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.
The order shall specify the time, place and manner
of making the inspection and taking copies and
photographs, and may prescribe such terms and
conditions as are just (Rule 27, Sec. 1).
Q: What are the limitations on production or
inspection of documents or things?
A: (NPR) May be any matter not privileged and
which is relevant to the subject of the pending
action, including: (CD-BD-IL)
1. Claim or defense of any other party;
2. Existence, description, nature, custody,
condition and location of any books,
documents, or other tangible things; and
3. Identity and location of persons having
knowledge of relevant facts.
In civil cases, a person may not use the right
against self-incrimination as an objection to make
a deposition. Only when an incriminating question
is asked can a person invoke the right. (Rosete v.
Lim, G.R. No. 136051, 2006).
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Q: What are written interrogatories to adverse
parties?
A: Its purpose is to elicit material and relevant
facts from any adverse party, which may amount
to admission.
Unless thereafter allowed by the court for good
cause shown and to prevent a failure of justice, a
party not served with written interrogatories may
not be compelled by the adverse party to give
testimony in open court, or to give a deposition
pending appeal.
Since the calling party is deemed bound by the
adverse party’s testimony, and in view of failure to
avail of written interrogatories, compelling the
adverse party to take the witness stand may result
in the calling party damaging its own case (Sps.
Afulugencia v. Metrobank, G.R. No. 185145,
2014).
Q: When can a physical and mental
examination of a person be ordered?
A: When the mental or physical condition of a
party is in controversy, the court, UPON MOTION
FOR GOOD CAUSE SHOWN, may order the party
to submit to a physical or mental examination by a
physician.
The party examined MAY request the party
causing the examination to be made to deliver to
him a copy of a detailed report of the examining
physician (Rule 28, Sec. 1-3).
Q: What are the consequences of refusal to
answer any question upon oral examination?
A:
1. The proponent may apply for a court order to
compel an answer:
a. If the motion is GRANTED — the court shall
require the refusing party to answer. If the
refusal to answer was without
SUBSTANTIAL JUSTIFICATION, it may
require the refusing party or deponent or the
counsel advising the refusal, or both of
them, to pay the proponent the amount of
the reasonable expenses incurred in
obtaining the order, including attorney's
fees.
b. If the motion is DENIED — and the court
finds that it was filed WITHOUT
SUBSTANTIAL JUSTIFICATION, the court
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may require the proponent or the counsel
advising the filing of the application, or both
of them, to pay to the refusing party or
deponent the amount of the reasonable
expenses incurred in opposing the
application, including attorney's fees
2. If despite the court order, the party or deponent
still refuses to answer, the refusal may be
considered contempt of that court or the court
may make such order as are just under Section
3, Rule 29 of the Rules of Court (Rule 29, Sec.
1).
Q: What are the consequences of refusal to
produce document or thing for inspection,
copying or to submit to physical or mental
examination?
A: The court may make such orders in regard to
the refusal as are just, and among others, also
issue the following:
1. An order that the matters regarding which the
questions were asked shall be TAKEN TO BE
ESTABLISHED for the purposes of the action
in accordance with the claim of the party
obtaining the order.
2. An order
a. Prohibiting the disobedient party to support
or oppose claims or defenses, or
b. Prohibiting such disobedient party from
introducing in evidence designated
documents or things or items of testimony.
3. An order
a. Striking out pleadings or parts thereof, or
b. Staying further proceedings until the order
is obeyed,
c. Dismissing the action or proceeding or any
part thereof, or
d. Rendering a judgment by default against the
disobedient party.
4. In addition to any of the above orders, an order
directing the arrest of any party or agent of a
party for disobeying any of such orders (Rule
29, Sec. 3).
Q: What are the consequences of refusal to
request for admission by adverse party?
A: If a party after being served with a request
under Rule 26 to admit the genuineness of any
document or the truth of any matter of fact serves
a sworn denial thereof and if the party requesting
the admissions thereafter proves the genuineness
of such document or the truth of any such matter
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of fact, he may apply to the court for an order
requiring the other party to pay him/her the
reasonable expenses incurred in making such
proof, including attorney's fees.
Unless the court finds that there were good
reasons for the denial or that admissions sought
were of no substantial importance, such order
shall be issued (Rule 29, Sec. 4).
Q: X is the registered owner of a lot located in
Roxas City. In 1991, Foundation Y took
possession and occupancy of said lot by virtue
of a memorandum of agreement entered into
by and between it and the City o f Roxas. The
possession and occupancy of said land is in
the character of being lessee thereof. In
February and March 2003, X served notices
upon the Foundation Y to vacate the premises
of said land. Foundation Y did not heed such
notices because it still has the legal right to
continue its possession and occupancy o f said
land. In 2003, X filed a Complaint fo r Unlawful
Detainer against the Foundation Y before the
MTCC of Roxas City. In the complaint, X
judicially admitted that Foundation Y took
control and possession of subject property
without their consent and authority and that
respondent's use of the land was without any
contractual or legal basis. What is the effect if
this admission/allegation? Was there an
unlawful detainer in this case?
A: No. A judicial admission is one so made in
pleadings filed or in the progress of a trial as to
dispense with the introduction of evidence
otherwise necessary to dispense with some rules
of practice necessary to be observed and
complied with. The facts alleged in the complaint
are deemed admissions of the plaintiff and binding
upon him. In this case, X judicially admitted that
Foundation Y took control and possession of
subject property without their consent and
authority and that respondent's use of the land was
without any contractual or legal basis. Nature of
the action is determined by the judicial admissions
in the Complaint. In this case, the allegations in the
Complaint establish a cause of action for forcible
entry, and not for unlawful detainer. X’s Complaint
maintained that the Foundation Y took possession
and control of the subject property without any
contractual or legal basis. Assuming that these
allegations are true, it hence follows that
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Foundation Y’s possession was illegal from the

If demurrer is granted, Not appealable (will
very beginning. Therefore, the foundation of X’s the order of dismissal violate the right
complaint is one for forcible entry. Thus, and as
is appealable (Rule 33 against double
correctly found by the CA, there can be no
Sec. 1) jeopardy)
tolerance as X alleged Foundation Y possession
was illegal at the inception. Since the deprivation
of physical possession was attended by strategy If demurrer is denied, Accused may adduce
and force, the proper remedy was to file a the defendant may his evidence only if the
Complaint for Forcible Entry and not the instant proceed to present demurrer is filed with
suit for unlawful detainer. (Spouses Manuel and evidence (Rule 33 leave of court (Rule
Florentina Del Rosario v. Gerry Roxas Foundation, Sec. 1) 119, Sec. 23)
Inc., G.R. No. 170575, June 08, 2011)
Court cannot motu Court may motu
I P. TRIAL | proprio make a proprio do so
demurrer
Q: What is the effect of parties agreeing to
subm it the case for judgm ent based on the
facts agreed upon?
Q: What are the effects of granting the
A: A trial need not be conducted because
demurrer to evidence?
evidence would no longer be presented. But if the
A:
parties agree only to some facts in issue, trial will
1. The case shall be dismissed (Rule 33, Sec. 1;
be held as to the disputed facts (Rule 30, Sec. 6).
Republic v. Tuvera, 516 SCRA 113, 2007).
2. The appellate court, reversing the order
Q: What is the justification for consolidation?
granting the demurrer, should render judgment
A: It is to prevent a judge from deciding identical
on the basis of the evidence submitted by
issues presented in the case assigned to him in a
plaintiff. It is not correct to remand the case to
manner that will prejudice another judge from
the trial court (Villanueva Transit v. Javellana,
deciding a similar case before him. The rigid policy
33 SCRA 755, 1930).
is to [consolidate] all cases and proceedings
3. The appellate court, reversing the order of
resting on the same set of facts, or involving
denial by the lower court, should render
identical claims or interests or parties mandatory.
judgement on the basis of the evidence
[This] should be made regardless of whether or not
submitted by the plaintiff. A remand is not only
the parties or any of them requests it. A mandatory
frowned upon by the Rules, but is also logically
policy eliminates conflicting results concerning
unnecessary on the basis of the facts on record
similar or like issues between the same parties or
(Radiowealth Finance Corporation v. Del
interests even as it enhances the administration of
Rosario, 335 SCRA 288, 2000).
justice (Re: Letter Complaint Of Merlita B.
4. If reversed on appeal, the defendant loses his
Faviana, A.M. No. CA-13-51-J, 2013).
right to present evidence (Consolidated Bank
and Trust Corporation v. Del Monte Motor
Q. DEMURRER TO EVIDENCE Works, Inc., 465 SCRA 117, 2005).

Q: Compare demurrer to evidence in a civil Q: X, Vice Mayor of T City, was charged with
case and in a criminal case. violation of Sec. 89 of PD 1445 before the
A: Sandiganbayan for having obtained cash
CIVIL CASE CRIMINAL CASE advances which he received by reason of his
office. After the prosecution filed its formal
offer o f evidence and rested their case, X filed
Leave of court is not Filed with or without his demurrer to evidence. The Sandiganbayan
required before filing leave of court (Rule granted the demurrer to evidence because the
119, Sec. 23) testimony of the lone witness of the
prosecution that X had already liquidated the

PAGE 41 OF 152
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cash advances proved that the element of
“ Damage” was lacking in the case. Did the
Sandiganbayan act with grave abuse of
discretion amounting to lack or excess of
jurisdiction in giving due course to and
eventually granting the demurrer to evidence?
A: No, the Sandiganbayan did not act with
GADALEJ. In the case at bar, the Sandiganbayan
granted the demurrer to evidence on the ground
that the prosecution failed to prove that the
government suffered any damage from private
respondent’s non-liquidation of the subject cash
advance because it was later shown that private
respondent liquidated the same albeit belatedly.
Contrary to the findings of the Sandiganbayan,
actual damage to the government arising from the
non-liquidation of the cash advance is not an
essential element of the offense. The gravamen of
the offense is the mere failure to timely liqueidate
the cash advance since the law seeks to compel
the accountable officer to promptly render an
account of the funds which he has received by
reason of his office. (People v. Sandiganbayan
and Manuel Barcenas, G.R. 174504, March 21,
20111
Q: When does a defendant lose his right to
present evidence?
A: If the defendant’s motion is granted, and the
order is subsequently reversed on appeal, the
movant loses his right to present evidence
(Consolidated Bank and Trust Corporation v. Del
Monte Motor Works, Inc., 465 SCRA 117, 2005).
Q: What is the ground for granting a demurrer
to evidence?
A: Upon the facts and the law, the plaintiff has
shown no right to relief (Rule 33, Sec. 1).
| R. JUDGMENTS AND FINAL ORDERS
Q: What are the contents of a judgment?
A:
1. Opinion of the court (findings of fact and
conclusions of law) - Ratio Decidendi]
2. Disposition of the case (dispositive portion) -
Fallo,
3. Signature of the judge.
When there is a conflict between the dispositive
portion and the body of the decision, the FALLO
PAGE 42 OF 152
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control (Florentine v. Rivera, G.R. No. 167968,
2006).
A decision that does not clearly and distinctly state
the facts and the law on which it is based leaves
the parties in the dark and is especially prejudicial
to the losing party who is unable to point the
assigned error in seeking a review by a higher
tribunal (Shimizu Philippines Contractors, Inc. v.
Magsalin, G.R. No. 170026, 2012).
Q: What is a memorandum decision?
A: The judgment or final resolution of the appellate
court may adopt by reference the findings of facts
and conclusions of law contained in the decision
of the trial court (Solid Homes v. Laserna, G.R. No.
166051, 2008).
Q: What are the elements of res judicata?
A: (FMCI)
1. Former judgment or order must be final
2. The judgment or order must be on the merits
3. It must have been rendered by a court having
jurisdiction over the subject matter and the
parties
4. There must be, between the first and second
action, identity of parties, of subject matter, and
causes of action (Sps. Mendiola v. CA, G.R No.
159746, 2012)
Q: When is there a bar by prior judgment?
A: When there is identity of (PSC)
1. Parties
2. Subject matter
3. Causes of action (Spouses Ocampo v. Heirs of
Dionisio, G.R. No. 191101, 2014).
Q: When is there identity of parties?
A: There is identity of parties not only when the
| parties in the case are the same, but also between
those in privity with them, such as between their
successors-in-interest (Quintos v. Nicolas, G.R.
No. 210252, 2014)
Q: What is the test to determine identity of
causes of action?
A: Whether the same evidence will sustain the
actions, or whether there is an identity in the facts
essential to the maintenance of the actions (Sps.
Mendiola v. CA, G.R No. 159746, 2012).
Q: When is there conclusiveness of judgment?
ATENEO CENTRAL
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A: Where there is identity of parties in the first and
second cases but no identity of causes of action.
Res judicata only applies if there is identity of
causes of action. Thus, if the first cause of action
involves the entitlement to the de facto possession
of the property based on breach of contract it will
not bar a subsequent ejectment complaint raising
a different cause of action such as recovery of de
facto possession grounded on tolerance (De Leon
v. Dela Liana, G.R. No. 212277, 2014).
Q: When is a counterclaim fo r partition not
barred by prior judgment?
A: When there is no actual adjudication of
ownership of shares yet. Art. 494 of the Civil Code
is an exception to Sec. 3, Rule 17 in that even if
the order of dismissal for failure to prosecute is
silent on whether or not it is with prejudice, it will
be deemed to be without prejudice. The rights
granted to co-owners under Art. 494 should
prevail. But there can still be res judicata once the
respective shares of the co-owners have been
determined with finality or if the court determines
that partition is improper (such as when co-
ownership does not or no longer exists) (Quintos
v. Nicolas, G.R. No. 210252, 2014).
Q: When is judgm ent on the pleadings
allowed?
A: Where an answer FAILS TO TENDER AN
ISSUE, or otherwise ADMITS THE MATERIAL
ALLEGATIONS of the adverse party's pleading,
the court may, on motion of that party, direct
judgment on such pleading. However, in actions
for declaration of nullity or annulment of marriage
or for legal separation, the material facts alleged in
the complaint shall always be proved. (Rule 34,
Sec. 1).
Q: X filed a judicial separation of property
against his wife, Y. X suggested a separation
o f conjugal property but Y refused and denied
that the property in question is her paraphernal
property. X filed a request fo r admission o f the
genuineness of the certified true copies of the
complaint. Y failed to file her answer or
response for this request. X filed a motion for
judgement on the pleadings. Is a Motion for
judgment on the pleadings the proper remedy?
A: No. Judgment on the pleadings is proper where
an answer fails to tender an issue, or otherwise
PAGE 43 OF 152
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admits the material allegations of the adverse
party's pleading. Summary judgment, on the other
hand, will be granted if the pleadings, supporting
affidavits, depositions, and admissions on file,
show that, except as to the amount of damages,
there is NO GENUINE ISSUE as to any material
fact and that the moving party is entitled to a
judgment as a matter of law.
Here, there exists an ostensible issue in the
pleadings. Y merely failed to tender an issue when
she was not able to answer. (Adolfo v. Adolfo, G.R.
No. 201427, March 18, 2015).
Q: What is summary judgment? When is it
proper? What are the bases of summary
judgment?
A: The two types of summary judgment are:
Summary judgment for claimant — A party
seeking to recover upon a claim, counterclaim, or
cross-claim or to obtain a declaratory relief may, at
any time after the pleading in answer thereto has
been served, move with supporting affidavits,
depositions or admissions for a summary
judgment in his favor upon all or any part thereof
(Rule 35, Sec. 1).
Summary judgment for defending party. — A party
against whom a claim, counterclaim, or cross­
claim is asserted or a declaratory relief is sought
may, at any time, move with supporting affidavits,
depositions or admissions for a summary
judgment in his favor as to all or any part thereof
(Rule 35, Sec. 2).
Q: What is the rule when the case is not fully
adjudicated on motion?
A: If on motion under this Rule, judgment is not
rendered upon the whole case or for all the reliefs
sought and a trial is necessary, the court at the
hearing of the motion, by examining the pleadings
and the evidence before it and by interrogating
counsel shall ascertain what material facts exist
without substantial controversy and what are
actually and in good faith controverted. It shall
thereupon make an order specifying the facts that
appear without substantial controversy, including
the extent to which the amount of damages or
other relief is not in controversy, and directing such
further proceedings in the action as are just. The
facts so specified shall be deemed established,
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and the trial shall be conducted on the

OR
controverted facts accordingly (Rule 35, Sec. 4).

Q: What is the rule on affidavits and

attachments? A party against whom
A: Supporting and opposing affidavits shall be a claim, counterclaim,
made on personal knowledge, shall set forth such or cross-claim is
facts as would be admissible in evidence, and asserted or a
shall show affirmatively that the affiant is declaratory relief is
competent to testify to the matters stated therein. sought may, at any
Certified true copies of all papers or parts thereof time, move with
referred to in the affidavit shall be attached thereto supporting affidavits,
or served therewith (Rule 35, Sec. 5). depositions or
admissions for a
NOTE: Affidavits in bad faith. — Should it appear summary judgment in
to its satisfaction at any time that any of the his favor as to all or
affidavits presented pursuant to this Rule are any part thereof (Rule
presented in bad faith, or solely for the purpose of 35, Sec. 2).
delay, the court shall forthwith order the offending
party or counsel to pay to the other party the
amount of the reasonable expenses which the Q: What is rendition of judgment?
filing of the affidavits caused him to incur including A: The filing of the signed decision with the clerk
attorney’s fees, it may, after hearing further of court (Riano, 2014, p. 583).
adjudge the offending party or counsel guilty of
contempt (Rule 35, Sec. 6). NOTE: It is not the writing or signing of the
judgment which constitutes rendition of the
Q: What Is the difference between judgment on judgment. (Castro v. Malazo, 99 SCRA 164,
the pleadings and summary judgments? 1980).
A:
Judgment on the Summary Judgment A case is deemed SUBMITTED FOR
Pleadings RESOLUTION upon the filing of the last pleading,
brief or memorandum required by the Rules of
Court or by the court (Riano, p. 609; Philippine
Where an answer fails A party seeking to Constitution, Art. VIII, Sec. 15).
to tender an issue, or recover upon a claim,
otherwise admits the counterclaim, or cross­ Even if the judgment has already been put in
material allegations of claim or to obtain a writing and signed, it is STILL subject to
the adverse party's declaratory relief may, amendment if it has not yet been filed with the
pleading, the court at any time after the Clerk of Court (Riano, p. 529, Ago v. Court of
may; on motion of that pleading in answer Appeals, 6 SCRA 530, 535).
party, direct judgment thereto has been
on such pleading. served, move with A judgment is considered RENDERED upon the
However, in actions for supporting affidavits, FILING of the signed decision with the Clerk of
declaration of nullity or depositions or Court. (Ago v. Court of Appeals, 6 SCRA 530,
annulment of marriage admissions for a 535). This includes an amended decision because
or for legal separation, summary judgment in an amended decision is a distinct and separate
the material facts his favor upon all or judgment and must follow the established
alleged in the any part thereof (Rule procedural rule.
complaint shall always 35, Sea 1).
be proved (Rule 34, Q: What is promulgation?
Sec. 1). A: The process by which a decision is published,
officially announced, made known to the public or
PAGE 44 OF 152
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delivered to the clerk of court for filing, coupled
with notice to the parties or their counsel (Baldado
v. Mejica, A.C. No. 9120, 2013).
Q: Can the SC decide a case on the merits even
if main case was already closed and
terminated fo r being moot and academic?
A: Yes. In a case, not to reverse the decision of
the CA would prejudice X because it would allow
Y to claim possession despite the fact that the
contract, on which it based its right has long since
expired (Pasig Printing vs Rockland Construction,
G.R. No. 193592, 2014).
Q: What are exceptions to immutability of
judgment?
A: The doctrine of immutability of judgment has
not been absolute. Some of the exceptions are the
following: (VUNC)
1. Void judgments
2. Whenever circumstances transpire after the
finality of the decision that render its execution
unjust and inequitable
3. Nunc pro tunc entries that cause no prejudice
to any party
4. Correction of clerical errors (University of the
Philippines vs Dizon, G.R. No. 171182, 2012).
A supervening event is an exception to the
execution as a matter of right of a final and
immutable judgment rule, only if it directly affects
the matter already litigated and settled, or
substantially changes the rights or relations of the
parties therein as to render the execution unjust,
impossible or inequitable. The supervening event
cannot rest on unproved or uncertain facts (Abrigo
v. Flores, G.R. No. 160786, 2014).
The interested party may properly seek the stay of
execution or the quashal of the writ of execution,
or he may move the court to modify or alter the
judgment in order to harmonize it with justice and
the supervening event (Abrigo vs Flores, G.R. No.
160786, 2013).
I S. POST-JUDGMENT REMEDIES
1. Motion for new trial or reconsideration
Q: What are the grounds for a motion for
reconsideration?
A: (DED)
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1. Damages awarded are excessive;
2. Evidence is insufficient to justify the decision
or final order; and
3. Decision or final order is contrary to law (Rule
37, Sec. 1).
Q: What are the grounds fo r a motion for new
trial? (FAME & NDE)
A: A motion for new trial may be filed upon any
of the following grounds:
1. Fraud, accident, mistake 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, which he could
not, with reasonable diligence, have
discovered and produced at the trial, and which
if presented would probably alter the result
(Rule 37, Sec. 1).
NOTE: A new trial can be granted only
1. On motion of the accused; or
2. On motion of the court but with the consent of
the accused (Rule 121, Sec. 1).
Q: What are the requisites of newly discovered
evidence?
A:
1. New evidence discovered after trial
2. It could not have been previously discovered
and produced at the trial even with reasonable
diligence
3. It is new and material evidence
4. If introduced and admitted, it would probably
change judgment (Ybiernas vs. Tanco-
Gabaldon, G.R.178925, 2011).
NOTE: Newly discovered evidence need not be
newly created evidence. It may and does
commonly refer to evidence already in existence
prior or during trial, but which could not have been
secured and presented during the trial despite
reasonable diligence on the part of the litigant
(Tumang v CA, G.R. Nos. 8234647, 1989).
|
Q: May an appeal be taken from the denial of a
motion for reconsideration?
A: Yes, if the subject of the MR is a judgment or
final order.
ATENEO CENTRAL
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An order denying the motion for reconsideration of A: While an appeal in a criminal case throws the
a decision is the final resolution of the issues a trial case wide open for review, in civil cases it is limited
court earlier passed upon and decided. Thus, the to the errors and grounds raised in the appeal.
notice of appeal filed against the order of denial is (People v. Bagamano, G.R. No. 222658, 2016).
deemed to refer to the decision subject of the MR
(Sps, Mendiola v. CA, G.R No. 159746, 2012). Q: What are the basic guidelines regarding
appeal?
The denial of a motion for reconsideration of an A: The right to appeal is not a natural or inherent
order granting the defendant’s motion to dismiss is right; it is not a part of due process but a mere
not an interlocutory order but a final order because statutory privilege that has to be exercised only in
it puts an end to the particular matter involved. the manner and in accordance with law (Polinsan
Accordingly, the claiming party has a fresh period v. People, G.R. No. 161827, 2009).
of 15 days from the notice of the denial within
which to appeal the denial (Alma Jose v. Q: What matters are appealable?
Javellana, G.R No. 158239, 2012). A: An appeal may be taken only from judgments
or final orders that completely dispose of the case
(Bergomia v. CA,G.R. No. 189151, 2012).
Denial of a motion Denial of a motion
for reconsideration for reconsideration
Q: What matters are not appealable?
of an interlocutory ^ of a final order
A: (RID-CES-WP)
order
1. An order denying a petition for Relief or any
similar motion seeking relief from judgment;
Not appealable via Appealable via 2. An Interlocutory order;
ordinary appeal; ordinary appeal (Sps. 3. An order disallowing or Dismissing an appeal;
certiorari is proper Mendiola v. CA, G.R 4. An order denying a motion to set aside a
remedy No. 159746, 2012). judgment by Consent, confession or
compromise on the ground of fraud, mistake or
Example: MR of an Example: MR of an duress, or any other ground vitiating consent;
order denying bill of order of dismissal of a 5. An order of Execution;
particulars complaint ((Sps. 6. A judgment or final order for or against one or
Mendiola v. CA, G.R more of Several parties or in separate claims,
No. 159746, 2012). counterclaims, cross-claims, and third party
complaints, while the main case is ending,
unless the court allows an appeal therefrom;
Q: What is the Fresh Period Rule: Neypes and
Rule? 7. An order dismissing an action Without
A: A party shall have a FRESH PERIOD of 15 Prejudice (Rule 41, Sec. 1).
days to file a notice of appeal to the RTC from
receipt of the order denying a motion for new trial Q: What are the available remedies in case
or motion for reconsideration. This rule shall apply there is no appeal?
to Rules 40, 41, 42, 43 and 45 (Neypes v. CA, A: The aggrieved party may file an appropriate
G.R. No. 141524, 2005) and in criminal cases special civil action as provided in Rule 65 (Rule 41,
under Section 6 of Rule 122 of the Revised Rules Sec. 1)
of Criminal Procedure (Yu vs. Tatad, G.R. No. Q: What is the nature of judgments or orders
170979, 2011). that are subject to the performance of a
condition precedent?
Note: The period is 30 days if record on appeal is A: They are not final until the condition is
required. performed. Before the condition is performed or
the contingency has happened, the judgment is
2 . Appeal not effective and is not capable of execution. Such
judgment contains no disposition at all and is a
Q: What is an appeal? mere anticipated statement of what the court shall

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do in the future when a particular event should
happen
Q: What is the final judgm ent rule?
A: In those instances where the judgment or final
order is not appealable because it is interlocutory,
the aggrieved party may file the appropriate
special civil action under Rule 65.
Q: What is the effect of noncompliance with the
finality o f judgment rule?
A: The appellate court will be held to lack
jurisdiction and the recourse is the dismissal of the
appeal
Q: What are the exceptions to the final
judgm ent rule?
A:
General Rule: Immediate review on appeal of
judgments or orders which do not decide all
portions of a case is disallowed by virtue of the
final judgment rule.
Exceptions:
1. Statutory exception - Example: Appeal from a
partial judgment or order render for or against one
or more of several parties, or in separate claims,
counterclaims, cross-claims, and third-party
complaints, while the main case is pending, of
allowed by the trial court
2. Discretionary exception - Supreme Court s
plenary discretion to accept or refuse invocations
of its appellate jurisdiction
3. Collateral order exception - The decision or
order determines a matter collateral to the rights
underlying the action and which is too important to
be denied review. This depends upon finding that
the decision or order being appealed truly involves
collateral matters and is a final determination of
those issues.
Example: When a party or counsel is charged for
indirect contempt which is related to a principal
action pending in court. Sec. 4, Rule 71 requires
that the petition for contempt, which shall allege
such connection with the pending action, should
be docketed, heard and decided separately from
the pending action. If there is no consolidation, and
the respondent is convicted, an appeal to the
proper court may be taken immediately as in
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criminal cases. The immediate appeal is allowed
because the contempt incident was collateral to
the main case and the conviction is a final
determination of the issue of contempt. However,
no immediate appeal is proper if the order of
contempt is purely civil (only to coerce compliance,
not punish).
4. Where immediate harm might occur to the
appellant if review is postponed because the trial
court’s decision is such that it requires some
immediate act by the parties that will be
irremediable should later review suggest that it
was improperly ordered.
Q: What is the participation of the Solicitor
General during appeal?
A: The Solicitor General is the sole representative
of the People of the Philippines in appeals before
the CA and the Supreme Court. Failure to have a
copy of a petition served on the People of the
Philippines, through the OSG, is a sufficient
ground for the dismissal of the petition as provided
in Section 3, Rule 42 of the Rules of Court (People
v. Duca, G.R. No. 171175, 2009).
Q: What are the modes of appeal?
A:
1. Ordinary Appeal from MTC to RTC (Rule 40)
2. Ordinary Appeal from RTC to CA (Rule 41)
3. Petition for Review (Rule 42)
4. Petition for Review on Certiorari (Rule 45)
5. Appeal from Quasi-Judicial Agencies to CA
(Rule 43)
Q: What is the period of appeal via notice of
appeal under Rules 40, 41, 42, 43 and 45?
A:
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Rule 40 15 days or 30 days (if
record on appeal is
Appeal from M IC required) from notice of
to RTC final judgment or final order
Full payment of appeal fees
within the period to appeal
Non-extendible, but
MR/MNT will trigger fresh
period from receipt of order
of denial
Rule 41 ^ GR: 15 days or 30 days (if
record on appeal is
Appeal from RTC required) from notice of
(original) to CA final judgment or final order
EXC: 48 hours for habeas
corpus cases
Full payment of appeal fees
within the period to appeal
Non-extendible, but
MR/MNT will trigger fresh
period from receipt of order
of denial
Rule 42 15 days from notice of
decision
Petition for
Review from RTC
(appellate) to CA
Extendible for 15 days
upon proper motion and
payment of the full amount
of docket and other lawful
fees and deposit for costs
before the expiration of the
reglementary period
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Extendible for another 15
days for the most
compelling reasons
Rule 43 15 days from notice of the
award, judgment, final
Appeals from QJA order or resolution, or from
to CA the date of its last
publication, if publication is
required by law for its
effectivity, or of the denial
of petitioner's motion for
new trial or reconsideration
duly filed in accordance
with the governing law of
the court or agency a quo
Only one (1) motion for
reconsideration shall be
allowed
»■*
Extendible for another 15
days for the most
compelling reasons with
full payment of docket fees
Q: What is the function of notice of appeal?
A: An appeal by notice of appeal is a mode that
envisions the elevation of the original records to
the appellate court as to thereby OBSTRUCT the
trial court in its further proceedings regarding the
other parts of the case (Lebin v. Mirasol, G.R. No.
164255, 2011).
Q: What is the rationale for allowing multiple
appeals?
A: The rationale behind allowing more than one
appeal in the same case is to enable the rest of the
case to proceed in the event that a separate and
distinct issue is resolved by the court and held to
be final (Rovira v. Heirs of Deleste, G.R. No.
160825, 2010).
Q: What issues are to be raised on appeal?
A:
1, Questions of FACT - exists when the doubt or
difference arises as to the truth or the falsehood
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of alleged facts; or when the query necessarily
invites calibration of the whole evidence
considering mainly the credibility of witnesses,
existence and relevancy of specific
surrounding circumstances, their relation to
each other and to the whole and the
probabilities of the situation (Sesbreno vs. CA,
G.R. No. 84096, 1995); (Cirtek Employees
Labor Union vs. Cirtek Electronics, Inc., G.R.
No. 190515, 2011).
2. Questions of LAW - exists when the doubt or
difference arises as to what the law is on
certain state of facts (Sesbreno vs. CA, G.R.
No. 84096, 1995); (Cirtek Employees Labor
Union vs. Cirtek Electronics, Inc., G.R. No.
190515, 2011). It also pertains to the legal
consequences or effects of the law on a given
set of facts.
3. MIXED Questions of Fact and Law
Q: What issues are allowed to be raised for the
firs t time on appeal?
A:
1. Those affecting jurisdiction over subject matter.
2. Evidently plain and clerical errors within
contemplation of law.
3. In order to serve ends of justice.
4. Matters raised in trial court having some
bearing on issue which parties failed to raise or
which lower court ignored.
5. Matters closely related to error assigned. (Sps.
Mario and Julia Campos v. Republic, G.R. No.
184371, 2014).
Q: What is the Harmless Error Rule in appellate
decisions?
A: The Court at every stage of proceedings must
disregard any error or defect which does not affect
substantial rights of parties (Rule 51, Sec. 6).
Q: What is the remedy from denial of motion to
dismiss?
A:
General Rule: Appeal from decision.
Exception: If ground for dismissal is lack of
jurisdiction over the subject matter, the remedy
should be certiorari from the order denying the
motion to dismiss. (Boston Equity Resources, Inc.
vs. Court of Appeals, G.R. No. 173946, 2013)
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Q: Is the trial court's order denying petitioner
Republic’s motion for reconsideration of the
decision granting respondent Ortigas the
authority to sell its property to the government
appealable?
A: Yes, since the order denying the motion for
reconsideration is not an interlocutory order
because it completely disposed of a particular
matter. However, the Court of Appeals correctly
dismissed Petitioner’s appeal to the CA because
the Republic used the wrong mode of appeal
(Republic v. Ortigas, G.R. No. 171496, 2014).
Q: Differentiate between the first and second
paragraphs of Sec. 8, Rule 40.
A: If an appeal is taken from an order of the
lower court dismissing the case without a trial
on the merits, the Regional Trial Court may affirm
or reverse it, as the case may be. In case of
affirmance and the ground of dismissal is lack of
jurisdiction over the subject matter, the Regional
Trial Court, if it has jurisdiction thereover, shall try
the case on the merits as if the case was originally
filed with it. In case of reversal, the case shall be
remanded for further proceedings. (1st paragraph)
If the case was tried on the merits by the lower
court without jurisdiction over the subject
matter, the Regional Trial Court on appeal shall
not dismiss the case if it has original jurisdiction
thereof, but shall decide the case in accordance
with the preceding section, without prejudice to the
admission of amended pleadings and additional
evidence in the interest of justice (Rule 40, Sec. 8).
(2nd paragraph)___________________________
ST 2 nd
PARAGRAPH PARAGRAPH
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NATURE Contemplates The trial court’s order denying petitioner’s MR of

an appeal from Appeal from an the decision granting respondent the authority
an order of order of to sell its property to the government was not
dismissal of dismissal of an interlocutory order because it completely
the MTC the MTC but disposes of a particular matter. An appeal from it
issued the case was would not cause delay in the administration of
without trial tried on the justice (Republic v. Ortigas, G.R No. 171496,
o f the case on merits 2014).
the merits
G: X filed a petition to claim attorney’s fees for
REMEDY Rule 41 (as if it services rendered for Y. The RTC ruled granted
was originally the award to X, thus, Y filed a Notice of Appeal.
Rule 42
filed in the The RTC granted that Notice of Appeal, but on
RTC) Motion for Reconsideration by X, alleging that
the such Notice of Appeal failed to comply with
GROUND the requirements o f Rule 13 of the Rules of
FOR Lack of jurisdiction Court; failure to state material dates; contained
DISMISSAL deliberate suppression and omissions; and did
not contain full names of the petitioners. The
CA reversed the decision on the ground that
Q: The counsel for petitioner filed the Notice of the RTC by granting the Notice of Appeal had
Appeal via a private courier, a mode o f filing been perfected, and that the RTC had already
not provided in the Rules. When is the pleading been divested o f jurisdiction. Whether or not
considered filed? there was reversible error by the CA
A: Although not prohibited by the Rules, the date A: No. Since the case has not been made out for
of delivery of pleadings to a private letter­ multiple appeals - Rule 41, Sec. 2 of the Rules of
forwarding agency is not to be considered as the Court - a record on appeal is unnecessary to
date of filing thereof in court. Instead, the date of perfect the appeal. The only requirement to perfect
actual receipt by the court is deemed the date of the appeal in the present case is the filing of a
filing of that pleading. Records show that the notice of appeal in due time. Y complied with such,
Notice of Appeal was mailed on the 15th day and and the RTC had already decided with finality up
was received by the court on the 16th day or one to the appeal stage and is already in the execution
day beyond the reglementary period (Heirs of stage. Hence, there is no reason why the original
Miranda vs. Miranda, July 3, 2013). records of the case must remain with the trial
court.
Q: What is not appealable under Sec. 1, Rule
41? As for the jurisdiction of the CA over the petition
A: What Sec 1, Rule 41 prohibits an appeal from for certiorari, the discretion on initially determining
an interlocutory order. An interlocutory order, the sufficiency of a petition lies with the court
unlike a final judgment, does “not completely before which petition was filed. As to compliance
dispose of the case [because it leaves to the court] with Rule 13, Sec. 11, the Court has the discretion
something else to be decided upon.” Appeals from to relax the rules since they are mere tools
interlocutory orders are generally prohibited to designed to facilitate the attainment of justice. For
prevent delay in the administration of justice and the statement of material dates, such may be
to prevent “undue burden upon the courts.” excused since the dates are evident from the
records. For the oppression of documents or
Orders denying motions for reconsideration (MR) pleadings, the Rules only state that such
are not always interlocutory orders. When the MR documents, pleadings or records should be
is on a final order, as when it is an MR of an order relevant or pertinent to the assailed resolution,
of dismissal of the complaint, it is considered an judgment or orders, where the sufficiency of such
appeal from a final decision or order and thus is left with the CA. As to the caption, although it
appealable. may not have individually specified the names, the

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verification contained all the names and
signatures. (Rovira v. Heirs of Jose C. Deleste,
G.R. No. 160825, March 26, 2010)
Q: When does Rule 42 apply?
A: Rule 42 applies when the case involves an
appeal from an order of the RTC in its appellate
jurisdiction (Rule 41, Sec. 2 & Lebin v. Mirasol,
G.R. No. 164255, 2011).
Q: X filed an ejectment complaint against the
Municipality of Y. MTC decided in X’s favor and
ordered the Municipality to vacate the
property. The latter filed a notice of appeal but
the MTC did not give due course thereto. Thus,
the Municipality filed a petition for certiorari
with the RTC. The RTC granted the
Municipality’s petition. X filed a Rule 42
petition with the CA. Is A correct?
A: No. Since the Municipality filed a petition for
certiorari instead of an appeal from the MTC’s
order. X’s remedy should be an appeal under
Rule 41, not under Rule 42 (Heirs of Arturo
Garcia v. Municipality of Iba, G.R. No. 162217,
2015).
Q: The sole issue raised by petitioner Republic
o f the Philippines to the CA is whether
respondent Ortigas’ property should be
conveyed to it only by donation. This question
involves the interpretation and application of
Sec. 50 of PD 1529. What is the proper mode of
appeal?
A: The issue raised before the CA was purely a
question of law. The proper mode of appeal is
through a petition for review under Rule 45.
Hence, the Court of Appeals did not err in
dismissing the appeal on this ground (Republic v.
Ortigas, G.R. No. 171496, 2014).
Q: Which court has jurisdiction to review final
judgments or orders of the COA?
A: A judgment, resolution or final order of the
Commission on Audit may be brought by the
aggrieved party to the Supreme Court on certiorari
under Rule 64.
Q: Which court has jurisdiction to review final
judgments or orders of the COMELEC en
banc?
A: A judgment, resolution or final order of the
Commission on Elections may be brought by the
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aggrieved party to the Supreme Court on certiorari
under Rule 64.
Q: Which court has jurisdiction to review final
judgments or orders of the CSC?
A: A judgment, resolution or final order of the Civil
Service Commission may be brought by the
aggrieved party to the Supreme Court on certiorari
under Rule 64.
Q: Which court has jurisdiction to review final
judgments or orders of the Ombdusman?
A: The Court of Appeals, under Rule 43, has
jurisdiction over orders, directives and decisions of
the Office of the Ombudsman in administrative
cases only. It cannot therefore review orders,
directives or decisions of the Office of the
Ombudsman in criminal and nonadministrative
cases. For criminal cases, the ruling of the
Ombudsman should be elevated to the Supreme
Court by way of Rule 65. (Indoyon vs. CA, G.R.
No. 193706, 2013); (Tirol vs. Sandiganbayan, G.
R. No. 135913, 1999); (Fabian vs. Desierto, G.R.
No. 129742, 1998)
3. Petition for relief from judgment
Q: What is a Petition fo r Relief from judgment?
A: A petition for relief from judgment is a remedy
available ONLY to those PARTIES in the case
which is only allowed in exceptional cases when
there is NO OTHER AVAILABLE ADEQUATE
REMEDY and for the following grounds - fraud,
accident, mistake or excusable negligence. It is
filed with the same court which rendered the
judgment. (Tuason v. CA, G.R. No. 116607, 1996).
Q: What are the grounds for availing the
remedy?
A: A petition for Relief may be filed based on the
following grounds:
1. When a judgment or final order is entered into,
or any other proceeding is thereafter taken
against the petitioner in any court through
fraud, accident, mistake or inexcusable
negligence; or
2. When the petitioner has been prevented from
taking an appeal by fraud, accident, mistake or
inexcusable negligence (City of Dagupan v.
Maramba, G.R. No. 17441, 2014).
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Q: What is the time to file a petition for relief of
judgment?
A: The petition shall be filed within sixty (60) days
after the petitioner learns of the judgment, final
order or proceeding, and NOT more than six (6)
months after such judgment or final order was
entered, or such proceeding was taken (Rule 38,
Sec. 3).
4. Annulments o f judgment
Q: What is a petition for annulment of
judgment?
A: It is a remedy in law independent of the case
where the judgment sought to be annulled was
rendered. Consequently, an action for annulment
of judgment may be availed of even if the judgment
to be annulled had already been fully executed or
implemented (Bulawan v. Aquende, G.R. No.
182819, 2011; Diona v. Balangue, G.R. No.
173559, 2013).
Q: What kind of fraud is contemplated as a
ground for annulment of judgment?
A: Extrinsic fraud fSy Bang v. Sy, 604 Phi. 606,
625, 2009).
Q: Can gross negligence be equated to
extrinsic fraud?
A: No. By its very nature, extrinsic fraud relates toa
cause that is collateral in character. It relates to
any fraudulent act of the prevailing party in
litigation which is committed outside the trial of
the case, where the defeated party has been
prevented from presenting fully his side of the
cause, by fraud or deception of his opponent.
Even in the presence of fraud, annulment will
not lie unless the fraud is committed by the
adverse party, not by one’s own lawyer. In the
latter case, the remedy of the client is to proceed
against his own lawyer and not re-litigate the case
where judgment had been rendered (Pinasukan
Seafood House v. FEBTC, G.R. No. 159926,
2014).
Q: Can a judgment based on a compromise
agreement be nullified because of extrinsic
fraud?
A: No. A compromise agreement is a contract
whereby the parties make reciprocal concessions
to avoid litigation or to put an end to one already
commenced. Once it is approved by the RTC, it
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ceases to be a mere contract of the parties and is
transformed into a final judgment. If the ground of
the respondent to assail the judgment based on
the compromise agreement was extrinsic fraud,
his action should be brought under Rule 47. If the
ground relied upon is extrinsic fraud, the action
must be filed within 4 years from the discovery of
the extrinsic fraud; of the ground is lack of
jurisdiction, the action must be brought before it is
barred by laches or estoppel. This remedy could
only be availed if the ordinary remedies of new
trial, appeal, or petition for relief or other
appropriate remedies are not available. In the
present case, respondent could have availed of
Rule 38, relief from judgment (Tung Hui Chung
and Tong Hong Chung v. Shih Chi Huang, G.R.
No. 170679, 2016).
Grounds:
1. Extrinsic fraud
2. Lack of Jurisdiction
3. Lack of Due Process (under jurisprudence)
T. EXECUTION, SATISFACTION, AND
EFFECT OF JUDGMENTS
Q: How should a judgment be executed?
A: Judgment should be executed on motion within
five (5) years from entry; or by filing an
independent action for revival of judgment after
five years but before ten (10) years from entry. The
Revived judgment may be enforced by motion five
(5) years from date of its entry; or by action, after
the lapse of five (5) years, before it is barred by the
statute of limitations (Rule 38, Sec. 6).
Q: What must the judgm ent creditor
accomplish within the 5-year prescriptive
period in execution by motion?
A:
1. The filing of the motion for the issuance of the
writ of execution
2. The court’s actual issuance of the writ
Execution by independent action is mandatory
if the five-year prescriptive period has already
elapsed. However, it must be filed before it is
barred by the statute of limitations, which is 10
years from the finality of judgment (Olongapo City
v. Subic Water and Sewerage Co., Inc., G.R. No.
171626, 2014).
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Q: When does execution of judgment by
motion prescribe?
A:
General rule: In 5 years; If issued, valid until
satisfied fully.
Exception: When delay caused by actions of
judgment debtor and/or is incurred for his benefit
or advantage (Olongapo City v. Subic Water and
Sewerage, G.R. No. 171626, 2014).
Q: Is execution a matter of right?
A: Execution is a matter of right on motion either
upon judgment or order that disposes of the action
or proceeding, upon expiration of the period to
appeal therefrom and no appeal has been duly
perfected, or when an appeal has been duly
perfected and resolved with finality. (Rule 39, Sec.
V-
Q: Is there discretionary execution?
A: Yes in two instances. Execution of a judgment
or a final order pending appeal and execution of
several, separate or partial judgments (Rule 39,
Sec. 2).
Q: What are the properties exempt from
execution?
A:
1. The judgment obligor’s family home as
provided by law, or the homestead in which he
resides, and the land necessarily used in
connection therewith;
2. Ordinary tools and implements personally used
by him in his trade, employment, or livelihood;
3. Three horses, or three cows, or three
carabaos, or other beasts of burden, such as
the judgment obligor may select necessarily
used by him in his ordinary occupation;
4. His necessary clothing and articles for ordinary
personal use, excluding jewelry;
5. Household furniture and utensils necessary for
housekeeping, and used for that purpose by
the judgment obligor and his family, such as the
judgment obligor may select, of a value not
exceeding 100,000 pesos.
6. Provisions for individual or family use sufficient
for four months;
7. The professional libraries and equipment of
judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not
exceeding 300,000 pesos;
8. One fishing boat and accessories not
exceeding the total value of 100,000 pesos
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owned by a fisherman and by the lawful use of
which he earns his livelihood;
9. So much of the salaries, wages, or earnings of
the judgment obligor for his personal services
with 4 months preceding the levy as are
necessary for the support of his family;
10. Lettered gravestones;
11. Monies, benefits, privileges, or annuities
accruing or in any manner growing out of any
life insurance;
12. The right to receive legal support, or money or
property obtained as such support, or any
pension or gratuity from the government; and
13. Properties specially exempted by law (Rule 39,
Sec. 13).
Q: What are the requirements to stay the
execution of judgment in plaintiff’s favor in an
ejectment suit under Sec. 19, Rule 70?
A: The defendant must: (PSR)
1. Perfect an appeal
2. File a supersedeas bond
3. Periodically deposit the rentals becoming due
during the pendency of the appeal.
Failure to comply with all would make the
judgment immediately executory (Acbang v.
Luczon, Jr., G.R. No. 164246, 2014).
Q: What are the characteristics of execution
pending appeal in ejectment cases? (Rule 70,
sec. 21)
A: The judgment of the RTC against the defendant
is immediately executory.
The RTC’s duty to issue a writ of execution is not
discretionary but ministerial and may be
compelled by mandamus.
Rationale: To avoid injustice to a lawful possessor
Nevertheless, the appellate court may stay the writ
of execution should the circumstances so require.
Such judgment of the RTC is not stayed by appeal
therefrom, unless otherwise ordered by the RTC
or, in the appellate court’s discretion, suspended
or modified
Execution of the RTC’s judgment under Sec. 21,
Rule 70 is not governed by Sec. 2, Rule 39 but by
Sec. 4, Rule 39 on judgments not stayed by
appeal. Thus the general rule that the judgment of
ATENEO CENTRAL
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the RTC is stayed by appeal to the CA is not
applicable (ATO v. CA, G.R. No. 173616, 2014).
Discretionary Execution in an
execution ejectment case
May be availed of in May be availed of at
the RTC only before any stage of the
the CA gives due appeal to the CA (ATO
course to the appeal v. CA, G.R. No.
(ATO v. CA, G.R. No. 173616, 2014).
173616, 2014).
Q: What are the requisites o f execution
pending appeal?
A:
General Rule: Only a final judgment may be
executed.
Exception: Execution of a judgment pending
appeal (Diesel Construction Company v. Jollibee
Foods, G.R. No. 136805, 2000).
Requisites: (MGS)
1. Motion by the prevailing party with notice to the
adverse party.
2. Good reason for execution pending appeal.
3. Good reason must be stated in the special
order (Navarosa v.COMELEC, G.R. No.
157957, 2003).
Q: What are considered good reasons?
A: Compelling circumstances warranting
immediate execution for fear that favorable
judgment may yield to an empty victory (GSIS v.
Prudential, G.R. No. 165585, 2013).
Q: Can GSIS funds and assets be subject to
execution?
A: Yes, because the exemption under Sec. 39 of
RA 8291 does not deny private entities the right to
enforce their contractual claims against GSIS.
GSIS may be held liable for the contracts it has
entered into in the course of its business
investments, especially since the right of redress
arose from a purely contractual relationship of a
private character (GSIS v. Prudential Guarantee &
Assurance, Inc., G.R. No. 165585, 2015).
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Q: Does the execution o f the judgm ent mean
that the issues on appeal have become moot
and academic?
A: No. The execution of the RTC judgment cannot
be considered as a supervening event that would
automatically moot the issues in the appealed
case. Otherwise, there would be no use appealing
a judgment, once a writ of execution is issued and
satisfied. That situation would be absurd.
The Rules of Court provides for reversal or
annulment of an executed judgment, where there
would be restitution or reparation. Thus, there is
still possibility of the appellate court’s reversal of
the appealed decision - even if already executed
— and, consequently, of a restitution or a
reparation (Carpio v. CA, G.R. No, 183102, 2013).
Q: Against whom can a w rit o f execution be
issued against?
A: A writ of execution can only be issued against
a party and not to strangers to a case or those who
did not have his day in court (Olongapo City v.
Subic Water and Sewerage Co., Inc., G.R. No.
171626, 2014).
Q: Is an appeal from the decision in an action
for revival of judgment allowed?
A: Yes. The party aggrieved may appeal the
decision but only insofar as the merits of the action
for revival is concerned. The original judgment,
which is already final and executory, may no
longer be reversed, altered, or modified (Heirs of
Miranda v. Miranda, G.R. No. 179638, 2013).
Q: What is the remedy of the third party
claimant to prevent the inclusion o f his
property in the execution sale?
A:
1. Third party claim - affidavit under Sec. 16,
R39.
2. Separate action under Sec. 16, Rule 39 to
vindicate his claim of ownership and/or
possession. In that action, he may secure an
injunction to restrain the sale of the property
(Arabay, Inc. v. Salvador, G.R. No L-31077,
1978)
3. Motion for summary hearing
A third person whose property was seized may
invoke the supervisory power of the court which
authorized such execution. Upon due application
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by the third person and after summary hearing, the

court may command that the property be released
from the mistaken levy and restored to the rightful
owner or possessor. However, the court can only
determine whether the sheriff has indeed taken
hold of property not belonging to the judgment
debtor. It does not and cannot pass upon the
question of title to the property, with any character
of finality (Villasi v. Garcia, G.R. No. 190106,
2014).

The timing of the filing of the third party claim is

important because it determines the remedies that
a third party is allowed to file. He may vindicate his
claim to the property in a separate action,
because intervention is no longer allowed as
judgment has already been rendered. He may also
vindicate his claim by intervention because he
has a legal interest in the matter in litigation (Fort
Bonifacio Development Corp. v. Yllas Lending
Corp., G.R. No. 158997, 2008).

PAGE 55 OF 152
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[ V. PROVISIONAL REMEDIES
f A. PRELIMINARY ATTACHMENT
Q: What is preliminary attachment?
A: Attachment is a provisional remedy by which
the property of an adverse party is taken into legal
custody, either at the commencement of an action
or at any time thereafter, as a security for the
satisfaction of any judgment that may be
recovered by the plaintiff or any proper party (Olib
v. Pastoral, G.R. No. 81120, 1990)
The attachment of the property of the defendant
converts an ordinary action in personam into an
action quasi in rem. In such case, jurisdiction over
the person of the defendant is not required as long
as the court acquires jurisdiction over the res
(Biaco v. Countryside Rural Bank, G.R. No.
161417, 2007).
Q: What are the grounds for issuance of
preliminary attachment?
A: The following are the grounds: (DEC-CR)
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 the
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; and
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| 6. In an action against a party who does not
reside in the Philippines, or on whom summons
may be served by publication (Rule 57, Sec. 1).
|
NOTE: In grounds 1-5, fraud (in fraud of creditors,
fraudulent detention or removal, embezzlement,
etc.) is an essential requirement.
NOTE: The fact that the applicant is willing to post
the attachment bond is not by itself a ground for
the issuance of the writ of attachment.
Q: What are the requisites for the issuance of
an order of w rit of preliminary attachment?
A:
1. Affidavit To ensure that the applicant states
the truth by requiring him to allege the presence
of all the legal requirements under oath. The
affidavit is the foundation of the writ and if none
be filed or one be filed wholly fails to set out
some facts required by law to be stated therein,
there is no jurisdiction and the proceedings are
null and void (Callo-Claridad v. Esteban, G.R.
No. 191567, 2013)
The affidavit is the foundation of the writ and if
none be filed or one be filed wholly fails to set
out some facts required by law to be stated
therein, there is no jurisdiction and the
proceedings are null and void (Jardine-Manila
France v. CA, G.R. No. 55272,1989).
Contents of the affidavit
a. A sufficient cause of action exists
b. The case is one of those mentioned in Sec.
1, Rule 57
c. There is no sufficient security for the claim
sought to be enforced by the action
d. The amount due to the applicant is as much
as the sum for which the order is granted
above all legal counterclaims (Rule 57, Sec.
3).
It is not enough to state that a sufficient cause of
action exists. The applicant must state the facts
showing cause of action.
To convince the court that the case is one of those
mentioned in Section 1 of the Rule, the applicant
must state facts, i.e. place, time, date, to illustrate
the grounds for attachment relied upon.
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A bare allegation that an encumbrance of property
is in fraud of creditors does not suffice. Factual
bases for such conclusion must be clearly averred
(Adlawan v Torres, G.R. No. 65957-58, 1994).
The amount due to the applicant must be as much
as the sum for which the order is granted above all
legal counterclaims, because if the adverse party
has a counterclaim against the applicant, this may
off-set the claim (See Rule 57, Sec 3).
2. Attachment Bond - Executed in favor of the
adverse party in an amount fixed by the court,
the bond is conditioned to pay all the costs
which will be adjudged the adverse party and
all damages he may sustain if the court should
later rule that the applicant is not entitled to the
attachment ("See Rule 57, Sec. 4).
The surety is liable for all damages and not only
for damages sustained during the appeal as
this is its commitment (Phil. Charter Ins. v CA,
G.R. No. 88379, 1989).
The writ will not be issued if a real estate
mortgage exists to secure the obligation.
(Salgado v. Court of Appeals, G.R. No. 55381,
1994)
Q: What is required prior to execution or
implementation of a w rit of attachment?
A:
1. Prior or contemporaneous service on defendant
of summons, writ of attachment, copy of the
complaint, application for writ of PI, attachment
bond, and order granting the writ.
Absence of summons renders the court unable to
act on or implement the writ of attachment (Sievert
case) and any such implementation will be void.
Note: While writ of attachment can be ISSUED ex
parte, it cannot be IMPLEMENTED without service
of summons, etc.
| B. PRELIMINARY INJUNCTION
Q: What is preliminary injunction?
A: It is an order granted at any stage of an action
or proceeding before the judgment or final order,
requiring a party or a court, agency or person to:
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1. Refrain from a particular act or acts (prohibitory
injunction); or
2. Perform a particular act or acts (mandatory
injunction) (Rule 58, Sec. 1).
Q: What is its purpose?
A: Injunction is resorted to only when there is a
pressing necessity to avoid injurious
consequences which cannot be remedied under
any standard compensation. The sole objective of
a writ of preliminary injunction is to preserve the
status quo until the merits of the case can be heard
fully (Unilever vCA, G.R. No. 119280, 2006).
Right of applicant to the injunction must be clear
and unmistakable.
Q: What is a Temporary Restraining Order?
A: It is a temporary or provisional order to maintain
the subject of controversy in status quo until the
hearing of an application for a temporary
injunction.
Unlike the injunction, it is intended as a restraint
upon the defendant until the propriety of granting
an injunction pendente lite can be determined, and
it goes no further than to preserve the status quo
until such determination. Accordingly, the grant,
denial, or lifting thereof does not in any way pre­
empt the court’s power to decide the issue in the
main action which is the injunction suit (Regalado
2008 ed.).
The court to which the application for preliminary
injunction was made may issue a TRO, effective
for 20 days from notice to the party or person
sought to be enjoined, if it shall appear from facts
shown by affidavits or by the verified application
that great or irreparable injury would result to the
applicant before the matter can be heard on
notice.
Meanwhile, the executive judge of a multiple-sala
court or the presiding judge of a single-sala court
may issue ex parte a TRO effective for seventy-
| two (72) hours from issuance if:
a. The matter is of extreme urgency; and
b. The applicant will suffer grave injustice or
irreparable injury (Rule 58, Sec. 5).
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Q: What are the procedural requirements for
the issuance of a w rit of preliminary injunction
or temporary restraining order?
A: (VERB NH)
1. There must be a verified application;
2, The application must show facts entitling the
applicant to the relief demanded;
3. A bond must be filed, unless exempted in the
court where the action is pending; and
4, Prior notice and hearing for the party/persons
sought to be enjoined (Rule 58, Sec. 4), except
In cases of 72 hour TRO, which can be issued
ex parte.
Q: What are the substantive requisites for the
issuance of a w rit of PI or TRO?
A:
1. Clear and unmistakable legal right
2. Actual or imminent and material violation of
such right;
3. Grave and irreparable injury if the acts are not
restrained.
Q: What is grave and irreparable injury?
A: Capable of pecuniary estimation; and/or even if
capable of pecuniary estimation, where redress at
law for damages cannot adequately compensate
the plaintiff because the damage is so frequent,
continuous or recurring.
Q: Is the w rit of injunction proper to restrain
foreclosure of mortgage in a case where
respondents principally feared the loss of the
mortgaged properties, and faced the
possibility of a criminal prosecution for the
post-dated checks they issued?
A: No. Such fears did not constitute the requisite
irreparable injury, because ultimately the amount
to which the mortgagee-bank shall be entitled will
be determined by the RTC’s disposition of the
case (Bank of the Philippine Islands vs.
Hontanosas, G.R. No. 15761325, 2014).
Q: Can courts issue writs o f prohibition or
injunction in order to enjoin or restrain any
criminal prosecution?
A: As a general rule, no. But there are extreme
cases in which exceptions to the general rule have
been recognized, including:
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1. When the injunction is necessary to afford
adequate protection to the constitutional rights
of the accused:
2. When it is necessary for the orderly
administration of justice or to avoid oppression
or multiplicity of actions;
3. When there is a prejudicial question that is sub
judice;
4. When the acts of the officer are without or in
excess of authority:
5. When the prosecution is under an invalid law,
ordinance, or regulation:
6. When double jeopardy is clearly apparent;
7. When the court has no jurisdiction over the
offense;
8. When it is a case of persecution rather than
prosecution;
9. When the charges are manifestly false and
motivated by the lust for vengeance: and
10. When there is clearly no prima facie case
against the accused and a motion to quash on
that ground has been denied (Bank of the
Philippine Islands vs Hontanosas, G.R. No.
15761325, 2014).
Q: In stressing that the RTC is bereft of
jurisdiction to entertain the injunction case,
the Republic avers that it is the POEA which
has original and exclusive jurisdiction to hear
and decide all pre-employment cases which
are administrative in character involving or
arising out of violations of recruitment
regulations, or violations of conditions fo r the
issuance of license to recruit workers. Is this
correct?
A: No. The RTC can take cognizance of the
injunction complaint, which "is a suit which has for
its purpose the enjoinment of the defendant,
perpetually or for a particular time, from the
commission or continuance of a specific act, or his
compulsion to continue performance of a particular
act." Actions for injunction and damages lie within
the exclusive and original jurisdiction of the RTC
pursuant to Section 19 of Batas Pambansa Big.
129, otherwise known as the Judiciary
Reorganization Act of 1980, as amended by RA
7691. (Republic v. Principalia Management, G.R.
No. 198426, September 2, 2015).
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[ C. RECEIVERSHIP
Q: What is receivership?
A: Receivership is aimed at the preservation of,
and at making more secure, existing rights. It
cannot be used as an instrument for the
destruction of those rights (Arranza v. B.F. Homes,
Inc., 33 SCRA 799, 2000).
Property subject of receivership must be under
litigation (See Rule 59, Sec. 1 & Ralla v. Alcasid,
G.R. No. L-17176, 1962).
The purpose of Receivership is to protect and
preserve the rights of the parties during the
pendency of the main action, during the pendency
of an appeal, or as an aid in the execution of a
judgment when the writ of execution has been
returned unsatisfied (Rule 59, Sec. 1).
Q: What are the rules on the appointment of a
receiver?
A: Upon a verified application, one or more
receivers of the property subject of the action or
proceeding may be appointed by the court where
the action is pending, or by the Court of Appeals
or by the Supreme Court, or a member thereof, in
the following cases:
1. When it appears from the verified application
and such other proof as the court may require,
that the party applying for the appointment of a
receiver has an interest in the property or fund
which is the subject of the action or proceeding,
and that such property or fund is in danger of
being lost, removed, or materially injured
unless a receiver be appointed to administer
and preserve it;
2. When it appears in an action by the mortgagee
for the foreclosure of a mortgage that the
property is in danger of being wasted or
dissipated or materially injured, and that its
value is probably insufficient to discharge the
mortgage debt, or that the parties have so
stipulated in the contract of mortgage;
3. After judgment, to preserve the property during
the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution
when the execution has been returned
unsatisfied or the judgment obligor refuses to
apply his property to the satisfaction of the
PAGE 59 OF 152
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| judgment or otherwise carry the judgment into
effect; or
4. Whenever in other cases it appears that the
appointment of a receiver is the most
convenient and feasible means of preserving,
administering, or disposing the property in
litigation.
Sec. 1(d), Rule 59 of the Rules of Court is
couched in general terms and broad in scope,
encompassing instances not covered by the
other grounds enumerated under the said
section. Courts must remain mindful of the
basic principle that receivership may be
granted only when the circumstances so
demand, either because the property sought to
be placed in the hands of a receiver is in danger
of being lost or because they run the risk of
being impaired, and that being a drastic and
harsh remedy, receivership must be granted
only when there is a clear showing of necessity
for it in order to save the plaintiff from grave and
immediate loss or damage (Tantano v.
Caboverde, G.R. No. 203585, 2013).
During the pendency of an appeal, the
appellate court may allow an application for the
appointment of a receiver to be filed in and
decided by the court of origin and the receiver
appointed to be subject to the control of said
court (Rule 59, Sec. 1).
| D. REPLEVIN |
Q: What is replevin?
A: Replevin, broadly understood, is both a form of
principal remedy and of a provisional relief. It may
refer either to the action itself, i.e. to regain the
possession of personal chattels being wrongfully
detained from the plaintiff by another, or to the
provisional remedy that would allow the plaintiff to
retain the thing during the pendency of the action
and hold it in pendente lite (Tillson v. Court of
Appeals, 197 SCRA 587, 1991).
The action is primarily possessory in nature and
determines nothing more than the right of
possession. Replevin is so usually described as a
mixed action, being partly in rem and partly in
personam, is primarily recovery of specific
property is concerned, and in personam as
regards to damages involved. Replevin is so
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usually described as a mixed action, being partly

in rem and partly in personam or of his having a
special interest therein (BA Finance Corporation v.
Court of Appeals, 258 SCRA 102, 1996).

Q: X filed a case of Recovery of Possession

with Prayer for Replevin against Y. X then
appointed Z as his agent to sell the subject
vehicle, surrendering to Z all documents of
title. Z sold the vehicle to another person. Will
the case prosper?
A: It will not. Rule 60 allows a plaintiff in an action
for the recovery of possession of personal
property, to apply for a writ of replevin if it can be
shown that he is the owner of the property claimed
or is entitled to the possession thereof. In this
case, when X authorized Z to sell the vehicle and
Z subsequently sold the vehicle, X ceased to be
the owner of the vehicle and also lost his right of
possession over it. Hence, X may no longer seek
a return of the same through replevin. For a writ of
replevin to prosper, plaintiff must show that he is
entitled to possession over the thing. (William Siy
v, Alvin Tomlin, G.R. No. 205998, April 24, 2017).

Note however that ownership is not necessary; as

long as plaintiff can show entitlement to possess.

PAGE 60 OF 152
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I VI. SPECIAL CIVIL ACTIONS
| A. INTERPLEADER
Q: What is an interpleader?
A: An interpleader is a remedy whereby a person
who has property whether personal or real, in his
possession, or an obligation to render wholly or
partially, without claiming any right in both, or
claims an interest which in whole or in part is not
disputed by the conflicting claimants, comes to
court and asks that the persons who claim the said
property or who consider themselves entitled to
demand compliance with the obligation, be
required to litigate among themselves, in order to
determine finally who is entitled to one or the other
thing (Ocampo v. Tirona, G.R. No. 147812, 2005).
One must distinguish between a double liability or
recovery and double vexation because the remedy
is afforded not to protect a person against a double
liability or recovery but to protect him against a
double vexation in respect of one liability. (Belo
Medical Group, Inc. v. Santos, G.R. No. 185894,
August 30, 2017)
Q: What are the requisites for interpleader?
A:
1. There must be two or more claimants with
adverse or conflicting interests to a property in
the custody or possession of the plaintiff;
2. The plaintiff in an action for interpleader has no
claim upon the subject matter of the adverse
claims or if he has an interest at all, such
interest is not disputed by the claimants;
3. The subject matter of the adverse claims must
be one and the same; and
4. The parties to be interpleaded must make
effective claims (Rule 62, Sec.1).
| B. DECLARATORY RELIEF
Q: What is an action for Declaratory Relief?
A: An action brought by any 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 in the
appropriate Regional Trial Court to determine any
question of construction or validity arising, and for
PAGE 61 OF 152
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| a declaration of his rights or duties thereunder
before breach or violation is committed.
j Q: What are its requisites?
A: (JALR)
1. There must be a justiciable controversy;
2. The controversy must be between persons
whose interests are adverse;
3. The party seeking declaratory relief must have
a legal interest in the controversy; and
4. The issue involved must be ripe for judicial
determination (CJH Development vs. BIR, G.R.
No. 172457, 2008).
Q: Is declaratory relief a proper remedy for
decisions of quasi-judicial agencies?
A: No. In the same manner that court decisions
cannot be the proper subjects of a petition for
declaratory relief, decisions of quasi-judicial
agencies cannot be subjects ot a petition tor
declaratory relief for the simple reason that if a
party is not agreeable to a decision either on
Questions of law or of fact, it may avail of the
various remedies provided in the Rules of Court.
Thus, a decision of the BSP Monetary Board,
issued pursuant to its quasi-judicial powers,
cannot be a proper subject for declaratory relief.
(Monetary Board v. Philippine Veteran Board,,
G.R. No. 189571,2015)
Q: Children A, B and C are descendants of X by
his first wife while D is a descendant by X’s
second wife. An OCT registered in the name of
the second wife covered a land in Leyte. X
appeared as the owner of the land in its tax
declaration and that a free patent was issued
in the name of the second wife’s heirs. A
certain 3rd person claims exclusive ownership
of the land alleging that such land has been
sold to him by the second wife’s heir, D after
the former died. A, B, and C, on the ground that
| D had no right to sell a portion of the land filed
an action to quiet the title. Should the quieting
of title apply in this case?
A: No. The issues in a case for quieting of title are
fairly simple; A et.al need to prove only two things,
namely: (1) the plaintiff or complainant has a legal
or an equitable title to or interest in the real
property subject of the action; and (2) that the
deed, claim, encumbrance or proceeding claimed
to be casting a cloud on his title must be shown to
be in fact invalid or inoperative despite its prima
ATENEQ CENTRAL
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facie appearance of validity or legal efficacy. It is
evident from the title that the land belongs to no
other than the heirs of the second wife. The land
could not have belonged to X, because he is not
even named in OCT. With greater reason may it
be said that the land could not belong to A et.al,
who are X’s children by his first wife. Unless the
first wife and second wife were related by blood
such fact is not borne out by the record they could
not be heirs to each other. (Chung vs. Mondragon
G.R. No. 179754, November 21, 2012)
Q: X filed an action for quieting of title before
the RTC. The assessed value of the land is
merely P1,230.00. Does the RTC have
jurisdiction over the case?
A: YES. On the question of jurisdiction, it is clear
under the Rules that an action for quieting of title
may be instituted in the RTCs, regardless of the
assessed value of the real property in dispute.
Under Rule 63 of the Rules of Court, an action to
quiet title to real property or remove clouds
therefrom may be brought in the appropriate RTC.
(Sps. Clemencio C. Sabitsana v. Juanito F.
Muertegui Del Castillo, J., G.R. No. 181359,
August 05, 2013)
C, CERTIORARI, PROHIBITION, AND
MANDAMUS
1. Certiorari
Q: What is a Writ of certiorari?
A: A writ directed against any tribunal, board, or
officer exercising judicial or quasi-judicial
functions, to annul or nullify a proceeding because
the entity or person either acted without/in excess
of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, by a
person who has no appeal, nor any plain, speedy,
and adequate remedy in the ordinary course of law
(Rule 65, Sec. 1).
Q: What Is the nature of Certiorari?
A: A petition for certiorari is a special civil
action/original action and not a mode of appeal.
The sole office of a certiorari is the correction
errors of jurisdiction, including the commission
grave abuse of discretion amounting to lack
jurisdiction and does not include correction
PAGE 62 OF 152
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public respondent’s evaluation of the evidence and
factual findings based thereon (Riano, 2016).
Q: What is the purpose of Certiorari?
A: That the judgment, order, or resolution subject
of the petition for certiorari be annulled or
modified (Rule 65, Sec. 1).
Q: What are the requisites of a valid Certiorari?
A:
a. Tribunal, board, or officer exercises judicial or
quasi-judicial functions;
b. Tribunal, board, or officer has acted without or
in excess of jurisdiction or with grave abuse
o f discretion; and
c. There is no appeal or any plain, speedy, and
adequate remedy in the ordinary course of law
(Rule 65, Sec. 1).
Q: What are the grounds?
A: That the public respondent acted either with
1. Lack of jurisdiction
2. Excess of jurisdiction
3. Grave abuse of discretion amounting to lack or
excess of jurisdiction (Rule 65, Sec.1)
Q: Why is a motion fo r reconsideration
required before certiorari can be filed?
A: General Rule: Its purpose is to grant an
opportunity for the court to correct any actual or
perceived error attributed to it.
Exceptions: (When MR not required)
1. Where the order is a patent nullity, as where
the court a quo has no jurisdiction
2. Questions raised have been raised and passed
upon by the lower court or are the same as
those raised and passed upon in the lower
court
3. Urgent necessity for the resolution of the
question and any further delay would prejudice
the interests of the government or the petitioner
or the subject matter of the action is perishable
4. A motion for reconsideration would be useless
5. Petitioner was deprived of due process and
there is extreme urgency for relief
6. In a criminal case, relief from an order of arrest
is urgent and the granting of such relief by the
of
trial court is improbable
of
7. The proceedings in the lower court are a nullity
of
for lack of due process
of
ATENEO CENTRAL
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8. The proceedings was ex parte or in which the
petitioner had no opportunity to object
9. Issue raised is purely of law or where public
interest is involved
10 Judicial intervention is urgent
11 .Its application may cause great and irreparable
damage
12. Failure of a high government official from whom
relief is sought to act on the matter
13. The issue of non-exhaustion of administrative
remedies has been rendered moot
14.Special circumstances warrant immediate and
more direct action (Republic v. Bayao, G.R. No.
179492, 2013).
Considering that the matter brought to the CA —
whether the act complained against justified the
filing of the formal charge for grave misconduct
and the imposition of preventive suspension
pending investigation — was a purely legal
question, the defendant had no need to
exhaust the available administrative remedy of
filing the motion for reconsideration (Garcia v.
Molina, G.R. No. 165223, January 11, 2016).
Q: Is a motion fo r reconsideration still required
before a petition for certiorari may be instituted
even if it is prohibited by the agency?
A: Yes. While a government agency may prohibit
altogether the filing of a motion for reconsideration
with respect to its decisions, the fact remains that
certiorari requires the filing of a motion for
reconsideration, which is the tangible
representation of the opportunity given to the office
to correct itself.
Thus, regardless of the proscription against the
filing of the motion for reconsideration, it may be
filed on the assumption that rectification of the
decision or order must be obtained, and before a
petition for certiorari may be instituted (Philtranco
Service Enterprises v. Philtranco Service Union,
G.R. No. 180962, 2014).
Q: Is certiorari the proper remedy fo r assailing
an order GRANTING a motion to dismiss?
A: No. The proper remedy is to file an appeal.
X filed an action for quieting of title. Y filed a motion
to dismiss. The RTC granted the said motion. X
filed a motion for reconsideration, but the RTC
denied the same. X assailed the dismissal via
PAGE 63 OF 152
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petition for certiorari. The Court held that the order
granting Y’s motion to dismiss was a final and not
an interlocutory order, against which the proper
remedy was an appeal. Certiorari is not a
substitute for appeal (Heirs of Sps. Teofilo M.
Reterta v. Sps. Lorenzo Mores, G.R. No. 159941,
2011).
Q: Is certiorari the proper remedy for assailing
an order DENYING a motion to dismiss?
A: Yes. The denial of a motion to dismiss is not
appealable since it is merely an interlocutory
order. However, while a petition for certiorari
may be filed, it must satisfy the requirements
that the assailed denial is issued without
jurisdiction, or with excess of jurisdiction, or in
grave abuse of discretion amounting to lack of
excess of jurisdiction (Banez v. Concepcion,
G.R. No. 159508, 2012). (Also, the proper remedy,
technically, is prohibition)
The remedy against an interlocutory order not
subject of an appeal is an appropriate special civil
action under Rule 65, provided that the
interlocutory order is rendered without or in excess
of jurisdiction or with grave abuse of discretion
(Aranas v. Mercado, G.R. No. 156407, 2014).
Q: Does the CTA have jurisdiction over a
certiorari assailing an interlocutory order
issued by the RTC in a local tax case?
A: Yes. The authority of the CTA is included in the
powers granted by the Constitution as well as
inherent in the exercise of its appellate jurisdiction.
It would be more logical to conclude that the grant
of appellate jurisdiction to the CTA over tax cases
filed in and decided by the RTC carries with it the
power to issue a writ of certiorari when necessary
in aid of such appellate jurisdiction (City of Manila
v. Cuerdo, G.R. No, 175723, 2014).
The CA’s original jurisdiction over a petition for
certiorari assailing the DOJ resolution in a
preliminary investigation involving tax and tariff
offenses was transferred to the CTA (Bureau of
Customs v. Hon. Devanadera, G.R. No. 193253,
2015).
Q: Does the fresh period rule apply to a petition
for certiorari under Rule 64?
A: No. The fresh period rule does not apply to a
petition for certiorari under Rule 64 as it is not akin
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to a petition for review brought under Rule 42;
hence, the period to file a Rule 64 petition should
not be reckoned from the receipt of the order
denying the motion for reconsideration or the
motion for new trial. Pursuant to Sec. 3, Rule 64, it
had only 5 days from receipt of the denial of its
motion for reconsideration to file the petition.
Therefore, since X received the decision denying
its motion on July 14, 2014, it had only until July
19 to file the petition (Fortune Life Insurance
Company, Inc. v. COA Proper, G.R. No. 213525,
2015).
2. Prohibition
Q: What is a Writ of Prohibition?
A: A writ directed against any tribunal, board, or
officer exercising judicial or quasi-judicial or
ministerial functions, to desist from further
proceeding in the action or matter specified
because the entity or person either acted
without/in excess of jurisdiction, or with grave
abuse of discretion amounting to lack or excess of
jurisdiction, by a person who has no appeal, nor
any plain, speedy, and adequate remedy in the
ordinary course of law (Rule 65, Sec. 2).
Q: What are the requisites of a Valid
Prohibition?
A:
a. There must be a controversy;
b. Respondent is exercising judicial, quasi­
judicial, or ministerial functions;
c. Respondent acted without or in excess of
jurisdiction, or acted with grave abuse of
discretion; and
d. There must be no appeal or other plain,
speedy, and adequate remedy (Rule 65, Sec.
2h
Q: What is the purpose of Prohibition?
A: A petition for prohibition is intended to prohibit
or prevent FUTURE acts done without authority or
jurisdiction, and is not proper for acts already
accomplished.
Exceptions: In specific cases wherein the SC
allowed a writ of prohibition even when the act is
already fait accompli:
1. Where it would prevent the creation of a new
province by those in the corridors of power who
could avoid judicial intervention and review by
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merely speedily and stealthily completing the
commission of such illegality (Tan v. Comelec,
G.R. No. 73155, 1986).
2. Where it would provide a complete relief by not
only preventing what remains to be done but by
undoing what has been done, such as
terminating a preliminary investigation instead
of filing a motion to quash (Aurillo v. Rabi, G.R.
No. 120014, 2002).
3. Where the acts sought to be enjoined were
performed after the injunction suit is brought
(Versoza v. Martinez, G.R. No. 119511, 1998).
3. Mandamus
Q: What is a W rit of Mandamus?
A: A writ directed against any tribunal, corporation,
board, or officer who unlawfully neglects the
performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or
station, or unlawfully excludes another from the
use or enjoyment of a right or office to which such
is entitled for it to do the act required to be done to
protect the rights of the petitioner and to pay
damages, because the entity or person either
acted without/in excess of jurisdiction, or with
grave abuse of discretion amounting to lack or
excess of jurisdiction, by a person who has no
appeal, nor any plain, speedy, and adequate
remedy in the ordinary course of law (Rule 65,
Sec. 3).
Q: What are the grounds for Mandamus?
A: The officer had an imperative duty to perform
the act required and the officer unlawfully neglects
the performance of the duty enjoined by law (Rule
65, Sec. 3 & Eng v. Lee, G.R. No. 176831, 2010).
Q: What are the exceptions to the rule on
exhaustion of administrative remedies?
A:
1. Where the order questioned is a patent nullity;
2. Where the questions raised in the certiorari
proceeding have already been duly raised and
passed upon by the lower court or are the same
as those raised and passed upon in the lower
court;
3. Where there is an urgent necessity for the
resolution of the question;
4. Where an MR would be useless or is
prohibited;
5. Where petitioner is deprived of due process;
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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 issue raised is one purely of law or
where public interest is involved;
8. Where the proceedings in the lower court are a
nullity for lack of due process;
9. Where the proceeding was ex parte or in which
the petitioner had no opportunity to object; and
10. Where the subject matter of the action is
perishable (Nuque v. Aquino, G.R. No. 193058,
2015).
Q: When is Mandamus available to a
discretionary duty?
A: Act sought to be performed involves the
exercise of discretion, respondent may only be
directed by mandamus to act but not to act in one
wav or another. Available to compel action, when
refused, even in matters involving judgment and
discretion, but not to direct the exercise of
judgment in a particular matter.
When there is gross abuse of discretion, manifest
injustice, or palpable excess of authority. (Riano,
2016 citing Dejuras v. Villa, G.R. No. 173428,
2010; MA Jimenez Enterprises v. Ombudsman,
G.R. No. 155307, 2011).
D. QUO WARRANTO
Q: What is quo warranto?
A: Nature of a quo warranto proceeding:
1. It is a direct, not a collateral attack, on the
matter assailed.
2. It is a proceeding against a public officer, not in
his official capacity, because no official power
or right or duty is sought, but because the
officerss of authority, but not to direct the exe
3. It is a proceeding of a public nature filed by a
prosecuting attorney ex officio such as by the
Solicitor General or fiscal. (But it is personal in
nature as to the person claiming office.)
(Topacio v. Ong, G.R. No. 179895, 2008).
Q: To whom may the action fo r quo warranto
be filed?
A: The action is brought against:
1. A person who usurps, intrudes into, or
unlawfully holds or exercises a public office,
position or franchise;
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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 (Rule 66, Sec. 1).
Q: Is quo warranto a valid remedy to remove an
impeachable officer?
A: Yes. While the Constitution mentions the list of
impeachable officers, the wording of provision
implied that impeachment is not the only remedy
for removing said officers. (Republic v. Sereno,
G.R. No. 237428, 2018).
| E, EXPROPRIATION |
Q: What is expropriation?
A: It is a process by which the power of eminent
domain is carried out; taking as of private owned
property, by government under eminent domain
(Barangay Sindalan v. CA, G.R. No. 150640,
2007).
Q: What are the two stages in an action for
Expropriation?
A:
Stage 1: Determination of the plaintiffs authority to
exercise the power of eminent domain and the
propriety of its exercise in the context of the facts
involved in the suit.
Stage 2: Determination by the court of the just
compensation for the property sought to be taken
(Suguitan v. City of Mandaluyong, 123 SCRA 73,
2000).
Q: What is the scope of expropriation?
A: Expropriation is not limited to the acquisition of
real property with a corresponding transfer of title
or possession. The right-of-way easement
resulting in a restriction or limitation on property
rights over the land traversed by transmission lines
also falls within the ambit of the term
“expropriation” (National Power Corporation vs.
Vda. De Capin, G.R. No. 175176, 2008).
F. FORECLOSURE OF
REAL ESTATE MORTGAGE
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Q: What is foreclosure of real estate whichever is earlier.

mortgage? (General Banking
A: Foreclosure is a procedure by which the holder Law, Sec. 47)
of a mortgage — an interest in land providing Mortgagee can move Mortgagee has to file
security for the performance of a duty or the for deficiency a separate action to
payment of a debt — sells the property upon the judgment in the same recover any
failure of the debtor to pay the mortgage debt and, action deficiency
thereby, terminates his or her rights in the property Buyer at public Buyer at public
(West's Encyclopedia of American Law, 2d ed.). auction becomes auction becomes
absolute owner only absolute owner only
Q: What are its requisites? after confirmation of after finality of an
A: The following are the requisites: the sale action for
1. A finding of the amount due the plaintiff consolidation of
including interest, cost, and other charges ownership
approved by the court; Mortgagee need not Mortgagee is given a
2. Order to defendant to pay said amount within a be given a special special power of
period of not less than ninety (90) days nor power of attorney attorney in the
more than 120 days from entry of judgment mortgage contract to
(equity of redemption); and foreclose the
3. If the defendant defaults, the court should order mortgaged property in
the sale at public auction of the mortgaged case of default
property (Sec. 2, Rule 68).
Q: Distinguish between equity of redemption
Q: Distinguish between judicial and extra­ and right of redemption.
judicial foreclosure. A:
A: EQUITY OF RIGHT OF I
JUDICIAL EXTRA-JUDICIAL REDEPTION REDEMPTION 1
FORE Equity of the Prerogative or right to
(Rule 68) (Act No. 3135) defendant mortgagor reacquire mortgaged
Complaint is filed with No complaint is filed. to extinguish the property after
the courts No court intervention mortgage and retain registration of the
There is only an There is a right of ownership of the foreclosure sale
equity of redemption. redemption. property by paying the
No right of redemption Mortgagor has a right secured debt within
except when of redemption for one the 90-120 day period
mortgagee is a year from registration set by the court after
banking institution; of the sale (except the judgment
equity of redemption where the mortgagee becomes final (Rule
is 90 to 120 days, and is a bank and the 68, Sec. 2
any time before mortgagor is a
confirmation of juridical entity, the
i G. PARTITION |
foreclosure sale right to redeem may
be exercised until, but
Q: What is partition?
Exception: Where the not after, the
A: Partition is the separation, division and
mortgagee is a bank, registration of the
assignment of property held in common among co­
the right of certificate of
owners in proportion to their respective interests in
redemption may be sale/foreclosure with
the said property (Marasigan v. Heirs of
exercised within 1 the Register of
Marasigan, G.R. No. 156078, 2008).
year after the sale of Deeds, which in no
the property (General case shall be more
Q: Who has jurisdiction over an action for
Banking Law of 2000, than three (3) months
partition?
Sec. 47)_______ after the foreclosure,
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A: The Municipal Trial Court has jurisdiction to
take cognizance of real actions or those affecting
title to real property, or for the recovery of
possession, or for the partition or condemnation of,
or foreclosure of a mortgage on real property
where the assessed value of the property or
interest therein does not exceed Php 20,000, or if
in Metro Manila, where the assessed value does
not exceed Php 50,000. If the value exceeds the
foregoing amounts, the Regional Trial Court shall
have jurisdiction (Barrido v. Nonanto, G.R. No.
176492, 2014).
Q: What are the instances when a co-owner
may not demand partition?
A: (AD/TPU)
1. Existence of an agreement among co-owners
to retain the property undivided for not
exceeding ten (10) years;
2. When co-owners are prohibited by the donor
or testator for a period not exceeding twenty
(20) years;
3. When partition is prohibited bv law: (Civil
Code, Art. 494) and
4. When the property is NOT subject to a
physical division and to do so would render it
unserviceable for the use which it is
unintended (Civil Code, Art. 495).
Q: Who may file?
A: The action shall be brought by the person who
has a right to compel the partition of real estate
(Rule 69, Sec. 1) or of an estate composed of
personal property, or both real and personal
property (Rule 69, Sec. 13), i.e. a co-owner.
| H. EJECTMENT
Q: What is forcible entry?
A: The possession of the defendant is illegal from
the very beginning having deprived the actual
possessor of his possession by: (FISTS)
1. Force,
2. Intimidation,
3. Strategy, or
4. Threat,
5. Stealth (Rule 70, Sec. 1)
Q: What are the requisites fo r Forcible Entry?
(PD)
A:
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1. Plaintiff had prior physical possession of the
property; and
2. Defendant deprived him of such possession
by FISTS (Abadv. Farrales, G.R. No. 178635,
2011).
Q: What is unlawful detainer?
A: The possession of the defendant is legal in the
beginning which, however, subsequently becomes
illegal because of the: (ED)
1. expiration or termination of the right to have
possession, by virtue of any contract, express
or implied,
2. and after a demand to vacate was not heeded
by the defendant (Rule 70, Section 1 of the
Rules of Court).
Q: What are its requisites fo r unlawful
detainer? (CNR1)
A:
1. Possession of property by the defendant was
by contract with or by tolerance of the plaintiff;
2. Such possession became illegal upon notice
by plaintiff to defendant of the termination of the
latter’s right of possession;
3. The defendant remained in possession of the
property and deprived the plaintiff of the
enjoyment thereof;
4. Within one (1) year from the last demand on
defendant to vacate the property, the plaintiff
instituted the complaint for ejectment (Romulo
v. Samahang Magkapitbahay ng Bayanihan
Compound Homeowners Association, Inc.,
G.R. No. 180687, 2010).
Q: In an appeal from the judgment of the MTC
| in an unlawful detainer case, is there a trial de
novo in the RTC?
A: No. Under Sec. 18, Rule 70, the RTC shall
decide the appeal on the basis of the entire record
of the proceedings had in the MTC and such
memoranda as may be submitted by the parties.
Thus, RTC erred in ordering the relocation and
verification survey “in aid of its appellate
jurisdiction” and by hearing the testimony of the
surveyor, for its doing so was tantamount to its
holding of a trial de novo (Manalang v. Bacani,
G.R. No. 156995, 2015).
Q: Is a boundary dispute a proper subject of
Rule 70?
 ATENEO CENTRAL
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A: No, A boundary dispute cannot be settled
summarily under Rule 70, the proceedings under
which are limited to unlawful detainer and forcible
entry (Manalang v. Bacani, G.R. No. 156995,
2015)
Q: What is the nature of possession required
in ejectment cases?
A: Possession in ejectment cases means nothing
more than actual physical possession, not legal
possession. A party who can prove prior physical
possession can recover such possession even
against the owner himself. If he has in his favor
prior possession in time, he has the security that
entitles him to remain on the property until a
person with a better right lawfully ejects him
(Calingasan v. Rivera, G.R. No. 171555, 2013).
Q: Is an action for recovery of physical
possession of real property extinguished by
the death of a party?
A: No. It is a real action and is thus not
extinguished by the death of a party. Such death
will not render moot the forcible entry case
(Calingasan v. Rivera, G.R. No. 171555, 2013).
| I. CONTEMPT
Q: What is contempt?
A: Contempt is disobedience and utter disregard
to the court by acting in opposition to its authority,
justice and dignity. It also includes conduct
which tends to bring the authority of the court and
the administration of law into disrepute or in a
manner which impedes the due administration of
justice (Siy v. National Labor Relations
Commission, G.R. No. 158971, 2005).
Q: What is the remedy if a person is cited in
contempt of Court?
A: Contempt in facie curiae
Remedy is certiorari/ prohibition (NOT appeal) and
filing of such petition for certiorari or prohibition
shall suspend the execution of the judgment,
provided a bond is filed (Rule 71, Sec. 2).
This bond is conditioned upon his performance of
the judgment should the petition be decided
against him (Baculi v. Belen, A.M. RTJ-09-2179,
2012).
Constructive contempt
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Remedy: Appeal (Rule 71, Sec. 11)
Q: What is the nature of indirect contempt?
A: Contempt is not a criminal offense. However, it
partakes of the nature of a criminal action. Rules
that govern criminal prosecution strictly apply to a
prosecution for contempt. In fact, Sec. 11, Rule 71
provides that the appeal in indirect contempt
proceedings may be taken as in criminal cases.
The Supreme Court has held that an alleged
contemnor should accorded the same rights as
that of an accused. Thus, the dismissal of the
indirect contempt charge against respondent
amounts to an acquittal, which effectively bars a
second prosecution (Digital Telecommunications
Philippines, Inc. v. Cantos, G.R. No. 180200,
2013).
Q: What are the acts that may constitute
Indirect Contempt?
A:
1. Misbehavior 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 manner
disturbs the possession given to the person
adjudged to be entitled thereto;
3. Any abuse of or any unlawful interference with
the processes or proceedings of a court not
constituting direct contempt under section 1 of
this Rule;
4. Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice;
5. Assuming to be an attorney or an officer of a
court, and acting as such without authority;
6. Failure to obey a subpoena duly served;
7. 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;
and
8. Failure by counsel to inform the court of the
death of his client, since it constitutes an
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improper conduct tending to impede the

administration of justice (Rule 71, Sec. 3).

Q: What are the procedural requisites before

the accused may be punished for Indirect
Contempt?
A: (COH)
1. Charge in writing to be filed or a show cause
order issued by the court;
2. Opportunity for person charged to appear and
explain his conduct; and
3. To be heard by himself or counsel (Inonog v.
Ibay, A.M. No. RTJ-09-2175, 2009).

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f VII- SPECIAL PROCEEDINGS
Q: What is a Special Proceeding?
A: A remedy by which a party seeks to establish a
status, a right or a particular fact (Rule 1, Sec.
m-
Q: What are the Subject Matter of Special
Proceedings?
A:
1. Settlement of estate of deceased persons
2. Escheat;
3. Guardianship and custody of children;
4. Trustees;
5. Adoption;
6. Rescission and revocation of adoption;
7. Hospitalization of insane persons;
8. Habeas corpus;
9. Change of name;
10. Voluntary dissolution of corporations;
11 . Judicial approval of voluntary recognition of
minor natural children;
12. Constitution of family home;
13. Declaration of absence and death;
14. Cancellation of correction of entries in the civil
registry (Rule 72, Sec. 1).
A. SETTLEMENT OF ESTATE OF
DECEASED PERSONS
Q: Which court has jurisdiction over
settlement of the estate?
A: Jurisdiction depends on the GROSS VALUE of
the estate.
If within Metro Manila, the Regional Trial Court
would assume jurisdiction if the estate exceeds
P400,000. If not, the Municipal Trial Court has
jurisdiction.
Outside Metro Manila, the Regional Trial Court
would assume jurisdiction if the estate exceeds
P300,000. If not, the Municipal Trial Court has
jurisdiction. (R.A. 7691)
Q: Where is the Venue of the Proceeding to
Settle the Estate?
A:
VENUE
DECEDENT
Philippine
Decedent’s place of residence
Resident
| Not Philippine In any place where any of the
Resident decedent’s properties are located
(Rule 73, Sec. 1).
Q: What is the extent of the jurisdiction of the
probate court?
A: General Rule: Questions as to TITLE to
property cannot be passed upon by the probate
court in the testate or intestate proceeding but
should be ventilated in a separate action.
Exception: To determine whether said property
should be included in the inventory or list of
properties to be administered by the administrator,
the court may make a provisional determination.
Such determination is provisional and NOT
conclusive and is subject to the final decision in a
separate action regarding ownership which may
be instituted by the parties (Pio Baretto Realty
Development, Inc. v. CA, G.R. No. 132362, 2001).
Q: What are the powers and duties of a probate
court?
A: In probate proceedings, the court:
1. Orders the probate of the will of the decedent
(Rule 77, Sec. 3)
2. Grants letters of administration of the party best
entitled thereto or to any qualified applicant
(Rule 79, Sec. 5)
3. Supervise and controls all acts of
administration; hears and approves claims
against the estate of the deceased (Rule 86,
Sec 11)
4. Orders payment of lawful debts (Rule 88, Sec.
11)
5. Authorizes sale, mortgage or any
encumbrance of real estate (Rule 89)
6. Directs the delivery of the estate to those
entitled thereto (Rule 90, Sec. 1)
7. Issues warrants and processes necessary to
compel the attendance of witnesses or to carry
into effect their orders and judgments, and all
other powers granted them by law (Rule 73,
Sec. 3); an
8. If a person defies a probate order, it may issue
a warrant for the apprehension and
imprisonment of such person until he perfoms
such order or judgment, or is released. (Rule
73, Sec . 3)
Q: What is the procedure in the settlement of
an estate?

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A: General Rule: Estate settlement should be
judicially administered through an
administrator/executor.
Exceptions:
1. Extra-judicial settlement by agreement
between or among heirs. (Rule 74, Sec. 1)
2. Summary settlement of estates of small value.
(Rule 74, Sec. 2)
Q: When is an extrajudicial settlement by
agreement between the heirs allowed?
A:
1. Decedent died intestate (left no will);
2. There are no outstanding debts at the time of
settlement;
3. Heirs are all of legal age or minors
represented by judicial guardians or legal
representatives;
4. Either of the following should be duly filed with
the Register of Deeds;
a. If the decedent left only one heir: the heir
executes an affidavit of self-adjudication.
b. If the decedent left more than one heir, the
settlement must be made in a public
instrument
5. Publication of the extrajudicial
settlement/affidavit of self-adjudication in a
newspaper of general circulation in the
province once a week for three consecutive
weeks; and
6. Filing of bond equivalent to the value of
personal property posted with the register of
deeds.
Q: When is a summary settlement of estates of
small value allowed?
A:
1. Petition filed by any interested person
2. Gross value of the estate, whether or not the
decedent died testate OR intestate, must not
exceed ten thousand pesos (P10,000).
3. Application must contain allegation of gross
value of estate.
4. Upon hearing, the date of which:
a. Shall be set by court not less than one (1)
month nor more than three (3) months from
date of last publication of notice.
b. Notice of hearing published once a week for
three (3) consecutive weeks in a newspaper
of general circulation.
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5. Notice shall be served upon such interested
persons as the court may direct.
6. Bond in an amount fixed by the court (not value
of personal property) conditioned upon
payment of just claims under Section 4, Rule
74 of the Rules of Court (Rule 74, Sec. 2).
After such requisites are met, the court MAY
proceed SUMMARILY, WITHOUT the
appointment of an executor or administrator.
Q: What are the rules on reconveyance for
claims against the estate (Rule 74, Sec. 4)?
A: If it shall appear at any time within two (2) years
after the settlement and distribution of an estate in
accordance with the provisions of either of the first
two sections of this rule, that an heir or other
person has been unduly deprived of his lawful
participation in the estate, such heir or such other
person may compel the settlement of the estate in
the courts in the manner hereinafter provided for
the purpose of satisfying such lawful participation.
If within the same time of two (2) years, it shall
appear that there are debts outstanding against
the estate which have not been paid, or that an heir
or other person has been unduly deprived of his
lawful participation payable in money, the court
having jurisdiction of the estate may, by order for
that purpose, after hearing, settle the amount of
such debts or lawful participation and order how
much and in what manner each distributee shall
contribute in the payment thereof, and may issue
execution, if circumstances require, against the
bond provided in the preceding section or against
the real estate belonging to the deceased, or both.
Such bond and such real estate shall remain
charged with a liability to creditors, heirs, or other
persons for the full period of two (2) years after
such distribution, notwithstanding any transfers of
real estate that may have been made.
Q: When is Rule 74, Sec. 4 applicable?
A: Rule 74, Sec. 4 is applicable only:
1. to persons who have participated or taken part
or had notice of the extrajudicial partition, and,
in addition,
2. when the provisions of Section 1 of Rule 74
have been strictly complied with, i.e., that all the
persons or heirs of the decedent have taken
part in the extrajudicial settlement or are
ATENEO CENTRAL
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represented by themselves or through
guardians. (Sampilo v. CA, 103 Phil 71)
ACTIONS for RECONVEYANCE - specific to
property of the estate
1. For participants in the EJS - 2 years from
publication (per Sampilo case)
2. For non-participants/no notice of the EJS:
a. Aggrieved heir is in possession of the
land/real property - the case is quieting of
title, which is imprescriptible.
b. Party/heir at fault or transferees who are not
transferees in good faith is still in
possession - reconveyance/ recovery of
possession can be filed 10 years from
notice (repudiation of the trust/issuance of
title)
c. If Property is in hands of an Innocent
purchaser for value and in good faith - No
action for reconveyance possible.
Recourse of heir/party is to seek damages
from co-heirs. (See PEZA v. Fernandez,
G.R. No. 138971. June 6, 2001, 358 SCRA
489)
Q: What are the remedies of the heir who was
deprived of the share in the estate because he
or she had not participated or had no notice of
the settlement of the estate?
A: If an aggrieved heir is in possession of the land
or real property, the remedy is a case of quieting
of title, which is imprescriptible.
If the heir is at fault or transferees who are not in
good faith are still in possession, the remedy is a
reconveyance or a recovery of possession which
can be filed within 10 years from notice
(repudiation of the trust or issuance of title).
If the property is in the hands of an innocent
purchaser for value and is in good faith, no action
of reconveyance is possible. The recourse of the
heir is to seek damages from co-heirs (PEZA v.
Fernandez, G.R. No. 138971. June 6, 2001, 358
SCRA 489).
Q: What are the remedies available to the
aggrieved party after extra-judicial settlement
of the estate:
1. Claim Against the Bond or Real Estate or Both
(Rule 74, Sec. 4)
2. Petition for Relief (Rule 38)
3. Reopening by Intervention Within
Reglementary Period
4. New Action to Annul Settlement Within
Reglementary Period of Two Years;
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5. Rescission in Case of Preterition of
Compulsory Heir in Partition Tainted with Bad
Faith (Civil Code, Art. 1104); and
6. Action for Reconveyance (Civil Code, Art.
1144)
7. Action to Annul Extrajudicial Settlement (Neri v.
Uy)
Q: What is the nature of a probate proceeding?
A: A probate decree finally and definitively settles
all questions concerning capacity of the testator
and the proper execution and witnessing of his last
will and testament, irrespective of whether its
provisions are valid and enforceable or otherwise
(Fernandez v. Dimagiba, G.R. No. L-23638, 1967).
Q: Who May Petition for Probate of Will?
A:
1. Executor;
2. Devisee/legatee named in the will;
3. Testator himself during his lifetime;
4. Any creditor: as a preparatory step for filing of
his claim therein.
5. Any person interested in the estate; (Rule 76,
Sec. 1).
Q: What are the grounds for Disallowance of
Will?
A:
1. If the formalities required by law (execution and
attestation) have not been complied with
2. If the testator was insane, or otherwise
mentally incapable of making a will at the time
of its execution
3. If it was executed through force or 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
5. If the signature of the testator was procured by
fraud or trick
6. If the testator acted by mistake or did not intend
that the instrument he signed should be his will
at the time of affixing his signature thereto
(Rule 76, Sec. 9; Civil Code, Art. 839)
Q: What are the Requisites Before a Will
Proved Abroad Will Be Allowed in the
Philippines
A:
1 The testator had his domicile in a foreign
country
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2. The will has been admitted to probate in such
country - due execution of the will in
accordance with foreign laws
3. The fact that the foreign tribunal is a probate
court with jurisdiction over the proceedings
4. The law on probate procedure of the said
foreign country and proof of compliance
therewith
5. The legal requirements in said foreign country
for the valid execution of the will (Vda. de Perez
v. Tolete, G.R. No. 76714, 1994).
Q: When and to whom letters o f administration
granted?
A:
Executor - The person named in the will to
administer the decedent’s estate and carry out the
provisions thereof.
Letters Testamentary - The authority issued to
an executor named in the will WHEN a will has
been proved and allowed and the person named
therein is competent, accepts the trust and gives a
bond.
Adm inistrator - The person appointed by the
court to administer the estate. Where the decedent
died intestate, or where the will was void and not
allowed to probate, or where no executor was
named in the will, or the executor named therein is
incompetent to serve as such.
Letters of Adm inistration - The authority issued
by the court to a competent person when:
1. The decedent died intestate; or
2. Although there is a will, the will does not
appoint any executor; or
3. Executor named in the will is incompetent,
refuses the trust or fails to give a bond.
Q: Who may oppose issuance?
A: Any interested person in the will can oppose.
Such opposition should state the grounds why the
letters testamentary should not issue in writing and
he may attach a petition for letters of
administration with the will annexed (Rule 79, Sec.
V-
Q: What is the Requirement to File Claims
Against the Estate?
A: AFTER granting letters testamentary or of
administration, the COURT shall issue a NOTICE
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requiring all persons having money claims against
the decedent to file them in the office of the clerk
of court (Rule 86, Sec. 1).
Q: What is a “ money claim” under Rule 86?
A: Money claims are such debts or demands
against the decedent as might have been enforced
against him in his lifetime by personal actions for
the recovery of money, and upon which only a
money judgment could have been rendered.
Q: What are the Claims That May Be Filed
Against The Estate?
A:
1. Money Claims;
2. Claims for Funeral Expenses;
3. Claims for Last Sickness of the Decedent;
4. Judgment for Money Against The Defendant
(Rule 86, Sec. 5).
Q: When should a claim be filed?
A: General rule: Within the time fixed in the notice
which shall not be more than twelve (12) months
nor less than six (6) months after the date of the
FIRST publication. (Sec. 2, Rule 86; also known
as the Statute of Non-Claims)
Otherwise, the claims are barred forever.
Exception: BELATED CLAIMS - Claims not filed
within the original period fixed by the court.
Q: How do you file a claim?
A: Two Methods:
1. Delivering the claim with the necessary
vouchers to the clerk of court and by serving a
copy to the executor/administrator
2. Serve a copy on the executor or administrator.
(Rule 86, Sec. 9).
Q: How is payment of the estate effectuated?
A: General rule: The payment of the debts of the
estate must be taken (by order of preference):
1. From the portion or property designated in the
will; (Rule 88, Sec. 2)
2. From the personal property, and
3. From the real property.
If there is still a deficiency, it shall be met by
contributions by devisees, legatees, or heirs who
have been in possession of portions of the estate
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BEFORE debts and expenses have been settled
and paid (Rule 88, Sec. 6).
Exception: Instances When Realty Can Be
Charged First:
1. When the personal property is not sufficient.
(Rule 88, Section 3)
2. Where the sale of such personalty would be
detrimental to the participants (everyone) of the
estate. (Rule 88, Section 3)
3. When sale of personal property may injure the
business or interests of those interested in the
estate. (Rule 89, Section 2)
4. When the testator has not made sufficient
provision for payment of such
debts/expenses/legacies. (Rule 89, Section 2)
5. When the decedent was, in his lifetime, under
contract, binding in law, to deed real property
to beneficiary. (Rule 89, Section 8)
6. When the decedent during his lifetime held real
property in trust for another person. (Rule 89,
Section 9)
Q: What is Liquidation?
A: It is the determination of all assets of the estate
and payment of all debts and expenses.
Q: How will the estate be partitioned?
A: General Rule: Order of distribution shall be
made after payment of all debts, funeral expenses,
expenses for administration, allowance of widow,
and inheritance taxes.
The order of distribution of residue shall be made
by the court upon application of the executor or
administrator or any interested persons and after
hearing and upon notice.
Exception: If the distributees or any of them gives
a bond conditioned for the payment of said
obligation, the order of distribution may be made
even before the payment of the debts and
expenses (Rule 90, Sec. 1).
I B. ESCHEAT
Q: What is an Escheat?
A: Escheat proceedings refer to the judicial
process in which the state, by virtue of its
sovereignty, steps in and claims abandoned, left
vacant, or unclaimed property, without there being
an interested person having a legal claim thereto
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(RCBC v. Hi-Tri Development Corporation, G.R.
No. 192413, 2013).
It is a special proceeding that is commenced by
petition (Mun. Council of San Pedro v. Colegio de
San Jose, G.R. No. L-45460, 1938).
The Government is the REAL PARTY-IN-
INTEREST in escheat proceedings (Manese v.
Sps. Velasco, G.R. No. 164024, 2009).
Q: When do you file an escheat?
A: When a person dies intestate, leaving no heir
or person by law entitled to the decedent’s real or
personal property. (Rule 91, Sec. 1).
Q: Who files an escheat?
A: The Solicitor General or his representative in
behalf of the Republic of the Philippines (Rule 91,
Sec. 1).
Q: Where is an escheat filed?
A: Regional Trial Court of the province where the
deceased last resided OR in which he had estate
(Rule 91, Sec. 1).
| C. GUARDIANSHIP |
Q: What is Guardianship?
A: It is the power of protective authority given by
law and imposed on an individual who is free and
in the enjoyment of his rights, over one whose
weakness on account of his age or other infirmity
renders him unable to protect himself.
Q: Who is a Guardian?
A: It is the person in whom the law has entrusted
the custody and control of the person or estate or
both of an infant, insane or other person incapable
of managing his own affairs.
Q: Who is a Ward?
A: it is the person under guardianship whom the
law regards as incapable of managing his own
| affairs.
Q: What are the Kinds of Guardians?
A:
According to Scope or Extent
1. Guardian of the person
2. Guardian of the property
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General guardian - those appointed by the
court to have care and custody of the person
AND all of his property.
According to Constitution
1. Legal - deemed as guardians WITHOUT need
for appointment
2. Guardian ad litem - appointed by the court in
an action in court
3. Judicial - appointed by the court in pursuance
to law (i.e. guardian for insane persons or
prodigals etc.)
Q: Where do you Institute Guardianship
Proceedings?
A:
1. Resident Incompetent: RTC of Ward’s
Residence
2. Non-Resident Incompetent: RTC of the place
where the Ward’s Property is located (Rule 92,
Sec. 1)
What are the Qualifications to Consider for
Guardians?
A:
1. Moral character;
2. Physical, mental, and psychological condition;
3. Financial status;
4. Relationship of trust with the minor;
5. Availability to exercise the powers and duties
of a guardian for the full period of the
guardianship;
6. Lack of conflict of interest with the minor; and
7. Ability to manage the property of the minor
Q: Who May Be Appointed Guardian?
A: In default of parents or a court-appointed
guardian, the court may appoint a guardian of a
minor, observing, as far as practicable, the
following order of preference:
1. Surviving Grandparent, and in case several
grandparents survive, the court shall select any
of them taking into account all relevant
considerations;
2. The oldest Brother or sister of the minor over
21 years of age, unless unfit or disqualified;
3. The Actual custodian of the minor over 21
years of age unless unfit or disqualified; and
4. Any Other person, who, in the sound discretion
of the court would serve the best interests of
the minor (Sec. 6),
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Q: Who May Be Considered as an
Incompetent?
A:
1. Persons suffering the penalty of civil
interdiction;
2. Hospitalized lepers;
3. Prodigals;
4. Deaf and dumb who are unable to read and
write;
5. Those who are of unsound mind even though
they may have lucid intervals;
6. Persons not being of unsound mind but by
reason of age, disease, weak mind or other
causes CANNOT without outside aid, take care
of themselves and manage their property.
(Rule 92, Sec. 2)
Q: How do parents exercise guardianship over
their children?
A: If the value of the property or the annual income
of the child is PhP 50,000 or less: The father and
mother jointly exercise legal guardianship.
If the value exceeds PhP 50,000: The parent
concerned files a verified petition for the approval
of the bond, the amount of which the court may
determine.
BUT: the value of the bond must not be less than
10% of the value of the property of annual income
of the child- (Family Code, Art. 225).
Q: How is Guardianship terminated?
A:
1. Competency of the ward has been judicially
determined; (Rule 97, Sec. 1)
2. Death of guardian or of ward;
3. Guardianship is no longer necessary. (Rule 97,
Sec. 3).
Q: What are the Grounds fo r Removal or
Resignation of Guardian?
A:
1. Guardian becomes insane;
2. Incapable of discharging trust;
3. Unsuitable to discharge functions;
4. Wastage or mismanagement of the property of
the ward
5. Failure to render account or make a return
within thirty (30) days after it was due. (Rule
97, Sec. 2).
Q: What is the proper mode of appealing a
judgment or final order in special
proceedings?
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A: It is by notice of appeal and record on appeal,
pursuant to Sec. 2(a), Rule 41. Failure to submit a
record on appeal means that the appeal is not
perfected. Thus, the judgment or final order will
become final and executory. Record on appeal
only in settlement of estate. (Chiongpian v.
Benitez-Litio, G.R. No. 162692, August 26, 2015),
I D. HABEASCORPUS
Q: What is the purpose of the Writ of Habeas
Corpus?
A: Its vital purposes are to obtain immediate relief
from illegal confinement, to liberate those who may
be imprisoned without sufficient cause, and to
deliver them from unlawful custody (Velasco v.
Court of Appeals, G.R. No. 118644, 1995).
The object of the writ of habeas corpus is to inquire
into the legality of the detention, and, if the
detention is found to be illegal, to require the
release of the detainee (Mangila v. Judge
Pangilinan, G.R. No. 160739, 2013).
Q: What is the scope of the Writ o f Habeas
Corpus?
A:
1. All cases of illegal confinement/detention by
which any party is deprived of his liberty;
2. If the rightful custody of a person is withheld
from the one entitled to it.
3. If, as a consequence of a judicial proceeding:
a. There is deprivation of a constitutional right
resulting in the person’s restraint;
b. The court has no jurisdiction to impose the
sentence; or
c. An excessive penalty was imposed,
because the sentence is void as to the
excess (Parulan v. Director of Prisons, G.R.
No. L-28519, 1968),
4. Invasion or Rebellion, when public safety
requires it (Art. VII, Sec. 18, 1987 Constitution).
Q: Who may grant a Writ of Habeas Corpus?
A:
1. Supreme Court or any member thereof -
enforceable anywhere in the Philippines and
made returnable before any court
2. Court of Appeals or any member thereof -
enforceable anywhere in the Philippines and
made returnable before any court
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3. Regional Trial Court or a judge thereof -
enforceable only within his judicial district,
returnable only to itself (Rule 102, Sec. 2).
The Supreme Court, the Court of Appeals and
Regional Trial Courts have CONCURRENT
jurisdiction to issue Writs of Habeas Corpus.
\ In the absence of ALL Regional Trial Court judges
in a province or city, Municipal Trial Court judges
MAY hear and decide petitions for a Writ of
Habeas Corpus in that province or city.
Family Courts have EXCLUSIVE ORIGINAL
JURISDICTION to issue Writ of Habeas Corpus
involving the custody of minors (R.A. 8369).
The Sandiganbayan may grant the writ only if it is
in aid of its appellate jurisdiction (Festin, Special
Proceedings: A Foresight to the Bar Exam, 2nd Ed.
2011).
Q: Differentiate the peremptory w rit of habeas
corpus from preliminary citation.
A: The Peremptory Writ under Sec. 6 is a
command to produce the body of petitioner or
detainee before the court at the time and place
specified, and to justify the detention or restraint.
While the preliminary citation is an order requiring
respondent to appear and show cause why the
peremptory writ should not issue. (Lee Vick Hon v.
Collector of Customs, 41 Phil 548).
Q: What is w rit o f Habeas corpus in Rules on
Custody of Minors?
A: Unlike under the regular writ of habeas corpus,
in custody of minors, the court will adjudge who is
entitled to custody upon return of the writ. (Sec.
20, A.M. No. 03-04-04-SC)
In cases involving minors, the purpose of a petition
for habeas corpus is not limited to the production
of the child before the court. The main purpose of
the petition for habeas corpus is to determine who
has the rightful custody over the child. ( Bagtas vs.
Hon. Santos, et a l, G.R. No. 166682, 27
November 2009)
Q: What are requisites fo r the petitions fo r
habeas corpus for the custody of a minor?
A:
1. The petitioner has a right of custody over the
minor;
2. The respondent is withholding the rightful
ATENEO CENTRAL
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custody over the minor; and

3. The best interest of the minor demands that he
or she be in the custody of the
petitioner. (Bagtas v. Hon. Santos, et al., G.R.
No. 166682, 27 November 2009)

Q: Where is the w rit enforceable?

A:
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, Sec. 2).

Q: When is a Writ o f Habeas Corpus not

allowed?
A: The Writ Is Not Allowed When:
1. Person is in custody of an officer
a. Under process issued by a court or judge;
or
b. By virtue of a judgment; or
c. By virtue of an order of the court;
AND that the court or judge HAD
JURISDICTION to issue the process, render
the judgment or make the order.
2. Jurisdiction appears after writ is allowed
3. Person is charged with or convicted of an
offense in the Philippines
4. Person is suffering imprisonment under lawful
judgment (Rule 102, Sec. 4).

Q: What is the remedy in case of denial of

petition for Writ of Habeas Corpus?
A: Recourse to the Supreme Court via a petition
for certiorari from the decision of the CA
dismissing his petition for writ of habeas corpus is
inappropriate. The petitioner should file an
ordinary appeal from the judgment of any court in
habeas corpus cases within 48 hours from notice
of the judgment appealed from (Caballes v. CA,
G.R. No. 163108, 2005).

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VIII. CRIMINAL PROCEDURE Q: What is the current composition of the

divisions of the Sandiganbayan?
A: R.A. 10660 otherwise known as Act
A. GENERAL MATTERS Strengthening Further for Functional and
Structural Organization of the Sandiganbayan,
Q: For Sandiganbayars to have jurisdiction increased the number of divisions from five to
over officers as enumerated under RA 10660, seven divisions which are still composed of 3
when should they be officers? At the time of members per division. (R.A. No. 10660)
commencement of action or at time of
commission of the crime?
| B. PROSECUTION OF OFFENSES |
A: At the time of the commission of the crime, from
the wording of RA 10660, “where one or more of
Q: How are criminal actions instituted?
the accused are officials... at the time of the
A: For Offenses Where a Preliminary Investigation
commission of the offense.” (RA 10660, Sec. 4(a))
is required: Instituted by filing the complaint with
the proper officer for preliminary investigation.
Q: Which officers in the executive department
(Sec 1, Rule 110, Revised Rules of Criminal
are under the jurisdiction of the
Procedure)
Sandiganbayan?
A: Only Regional Directors with Salary Grade 27
Preliminary investigation is required for offenses
and higher fall within the exclusive jurisdiction of
where the penalty prescribed by law is AT LEAST
the Sandiganbayan. Yet, those that are classified
4 years. 2 months and 1 day (prision correccional
as Salary Grade 26 and below may still fall within
max) of imprisonment without regard to the fine.
the jurisdiction of the Sandiganbayan, provided
that they hold the positions enumerated by law.
For all other offenses: Instituted DIRECTLY with
The specific inclusion constitutes an exception to
the Municipal Trial Court and Municipal Circuit
the general qualification. (Duncano v.
Trial Court or the complaint is filed with the Office
Sandiganbayan, G.R. No. 191894, 2015)
of the Prosecutor.
Q: Which court has jurisdiction over private
individuals charged as co-principals, In Manila and other chartered cities, the complaint
shall be filed with the Office of the Prosecutor
accomplices or accessories with public
unless otherwise provided in their charters. In
officers or employees?
contrast, for criminal offenses outside Metro
A: In case private individuals are charged as co­
Manila, the complaint/information must be filed
principals, accomplices or accessories with public
with the provincial prosecutor or Municipal Trial
officers or employees, including those employed in
Courts. (Rule 110, Sec. 1, Revised Rules of
government-owned or controlled corporations,
Criminal Procedure)
they shall be tried jointly with said public officers
and employees in the proper courts which shall
Q: Who may conduct a preliminary
exercise exclusive jurisdiction over them. (Disini v.
investigation?
Sandiganbayan, G.R. Nos. 169823-24, 2013)
A: The following may conduct preliminary
investigations:
Q: May a trial court deny a motion for
redetermination of probable cause on the a. Provincial or City Prosecutors and their
ground of lack of jurisdiction over the person assistants;
of the accused? b. Judges of the Municipal Trial Courts and
A: The trial court clearly erred in denying Municipal Circuit Trial Courts;
petitioner’s motion for redetermination of probable C. National and Regional State Prosecutors; and
cause due to lack of jurisdiction over the person of d. Other officers as may be authorized by law.
the accused, when the motion was filed prior to his (Rule 112, Secs. 1-2)
arrest. Custody of the law is not required for the
adjudication of reliefs other than an application for Q: Who may file a criminal complaint?
bail. (David v. Agbay, G.R. No. 199113, 2015) A:

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1. The offended party,
2. Any peace officer, or
3. Other public officer charged with the
enforcement of the law violated. (Rule 110,
Sec. 3)
Q: Who may prosecute criminal actions?
A: All criminal actions commenced by complaint or
information shall be prosecuted under the direction
and control of the prosecutor.
Private Prosecutor May Prosecute the Case in
Case of:
1. Heavy work schedule of the public prosecutor;
or
2. In the event of lack of public prosecutors.
Provided:
1. Authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecution; and
2. Subject to the approval of the Court.
Once so authorized, private prosecutor shall
continue to prosecute the case up to the end of
trial unless the authority is revoked or withdrawn.
(Sec 5, Rule 110, Revised Rules of Criminal
Procedure amended by A.M. No. 02-2-07-SC)
In upholding People v. Garfin, the court firmly
instructs that the filing of an Information by an
officer without the requisite authority to file the
same constitutes a jurisdictional infirmity which
cannot be cured by silence, waiver, acquiescence,
or even by express consent. Hence, such ground
may be raised at any stage of the proceedings
(Quisay v. People G.R. No. 216920, 2016
(PERLAS-BERNABE)
Q: What is the effect if the information is filed
by someone not authorized by law?
A: (PERLAS-BERNABE) The court does not
acquire jurisdiction. The accused’s failure to assert
lack of authority on the part of the prosecutor in
filing the information does not constitute a waiver
thereof. (People v. Garfin, G.R. No. 153176,
2004. Quisay v. People G.R. No. 216920, 2016).
Q: What crimes cannot be prosecuted de
officio?
A: Private offenses (concubinage, adultery,
seduction, abduction, acts of lasciviousness);
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Q: Who may prosecute private offenses?
A:
1. Adultery and Concubinage -
a. Only by the offended spouse who should
have the status, capacity, and legal
representation at the time of filing of the
complaint regardless of age
b. Both guilty parties must be included in the
complaint.
c. The offended party did not consent to the
offense nor pardoned the offenders.
2. Seduction, Abduction and Acts of
Lasciviousness - Prosecuted exclusively and
successively by the following persons in this
order:
a. By the offended woman;
b. By the parents, grandparents or legal/
judicial guardians in that successive order,
if the offended party is a minor or of age
but suffers from physical or mental
disability;
c. By the State pursuant to the doctrine of
parens patriae, when the offended party
dies or becomes incapacitated before she
could file the complaint and she has no
known parents, grandparents or
guardians.
3. Defamation imputing to a person any of the
foregoing crimes of concubinage, adultery,
seduction, abduction, rape or acts of
lasciviousness - Only by the party or parties
defamed (Revised Penal Code, Art. 360)
If the offended party is of legal age and does not
suffer from physical or mental disability, she alone
can file the complaint to the exclusion of all. (Rule
110, Sec. 5)
Q: Who can give pardon?
A:
1. Adultery and Concubinage - Only the
offended spouse not otherwise incapacitated,
can validly extend the pardon or consent
contemplated therein.
2. Seduction, abduction and acts of
lasciviousness
a. The offended minor, if with sufficient
discretion can validly pardon the accused by
herself if she has no parents or where the
 ATE INIEO CENTRAL
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accused is her own father and her mother is
dead;
b. The parents, grandparents or guardian of
the offended minor, in that order, cannot
extend a valid pardon in said crimes without
the conformity of the offended party, even if
the latter is a minor;
c. If the offended woman is of age and not
otherwise incapacitated, only she can
extend a valid pardon.
The pardon refers to pardon BEFORE filing of the
criminal complaint in court. Pardon effected after
the filing of the complaint in court does not prohibit
the continuance of the prosecution of the offense
EXCEPT in case of marriage between the offender
and the offended party. (Rule 110, Sec. 5)
Q: What is the general rule on the effect of
pardon?
A: Pardon under Art. 344 of the RPC does not
extinguish criminal liability but merely constitutes a
bar to criminal prosecution. (Estrada, Criminal 3.
Law: Book I of the Revised Penal Code)
Q: What is the effect of pardon in the form of 4.
marriage?
A: Pursuant to Article 344 of the Revised Penal
Code dealing with seduction, abduction, acts of
lasciviousness and rape, the subsequent
marriage of the offender with the offended party
shall extinguish the criminal action or remit the
penalty already imposed upon him, the co-
principals, accomplices and accessories.
Exception/s:
1. Where the marriage was invalid or contracted
in bad faith in order to escape criminal liability
(People v. Santiago, G.R. No. L-27972, 1927);
2. In “private libel” or the libelous imputation of the
commission of the crimes of concubinage,
adultery, seduction, abduction, rape, or acts of
lasciviousness, and in slander by deed (People
v. Orzame, 39 O.G. 1168); and
3. In multiple rape, insofar as the other accused in
the other acts of rape respectively committed
by them are concerned (People v. Bernardo, 38
O.G. 3749)
4.
Q: What constitutes a sufficient complaint or
information?
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A: A complaint or information is sufficient if it states
the: (NDANAP)
1. Name of the accused;
2. Designation of the offense by a statute
3. Acts or omission complained of as constituting
the offense;
4. Name of the offended party;
5. Approximate date of the commission of the
offense; and
6. Place where the offense was committed.
Q: What constitutes as a sufficient designation
of an offense?
A: The Information or Complaint must state or
designate the following whenever possible:
1. The designation of the offense given by the
statute. (If there is no designation of the
offense, reference shall be made to the section
or subsection of the statute punishing it)
2. The statement of the acts or omissions
constituting the offense, in ordinary, concise
and particular words.
The specific qualifying and aggravating
circumstances must be stated in ordinary and
concise language. (Rule 110, Sec. 8)
For qualifying and aggravating circumstances to
be appreciated, it must be alleged in the complaint
or information. (People v. Lapore, G.R. No.
191197, 2015)
Q: A along with B were charged with the crime
of rape committed against "AAA" in an
Information-which reads:
“ That on or about 3:00 o’clock dawn o f March
28, 1996 in Barangay "XXX", Municipality of
"YYY", Province of Quirino, Philippines and
within the jurisdiction of this Honorable Court,
[A], with prurient desires, and by means of
force and intimidation, after conspiring and
mutually helping one another, did then and
there wilfully, unlawfully and feloniously have
carnal knowledge [of] "AAA" against the
latter’s will.
CONTRARY TO LAW.”
During trial, the prosecution was able to prove
that A was armed with a knife when he
committed the crime. Thereafter, the RTC
convicted A of the crime of rape while B was
acquitted for insufficiency of evidence. In
ATENEO CENTRAL
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finding the A guilty, the RTC held that he had
sexual intercourse with the victim through the
use of force and imposed upon him the penalty
of Reclusion Perpetua. Was the RTC correct?
A: Yes. Under Article 335 of the Revised Penal
Code which is the law then in force at the time of
the commission of the crime, when the rape is
committed with the use of a deadly weapon, the
crime takes a qualified form and the imposable
penalty is reclusion perpetua to death.
In the instant case, we note that the use of the
knife, which is a deadly weapon, was not
specifically alleged in the Information. However, it
was duly proven during the proceedings below that
A armed himself with a knife which facilitated the
commission of the crime. In People v. Begino, we
held that "the circumstances that qualify a crime
should be alleged and proved beyond reasonable
doubt as the crime itself.
These attendant circumstances alter the nature of
the crime of rape and increase the penalty. As
such, they are in the nature of qualifying
circumstances. If the same are not pleaded but
proved, they shall be considered only as
aggravating circumstances since the latter admit
of proof even if not pleaded." Consequently, the
use of a deadly weapon may be considered as an
aggravating circumstance in this case. (People v.
Pedro Banig, G.R. No. 177137, Aug. 23, 2012)
Q: Can an accused be convicted of an offense
not clearly charged in the complaint or
information?
A: As a rule, an accused cannot be convicted of
an offense that is not clearly charged in the
complaint or information. To convict him of an
offense other than that charged in the complaint or
information would be violative of the Constitutional
right to be informed of the nature and cause of the
accusation. (Patula v. People, G.R. No. 164457,
2012)
EXCEPTION: Crimes necessarily included or
includes the offenses charged in the complaint.
Q: Must the elements of the crime be alleged in
the information?
A: Yes. Every element of the offense must be
stated in the information. What facts and
circumstances are necessary to be included
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therein must be determined by reference to the
definitions and essentials of the specified crimes.
The requirement of alleging the elements of a
crime in the information is to inform the accused of
the nature of the accusation against him so as to
enable him to suitably prepare his defense. The
presumption is that the accused has no
independent knowledge of the facts that constitute
the offense. (People v. Valdez, G.R. No. 175602,
2013)
Q: The information charged Tionloc o f rape by
sexual assault against AAA. Prosecution
claimed that Tionloc and AAA had a drinking
session and when the latter was intoxicated
enough, the former proceeded with having
carnal knowledge with her. Tionloc denied
having carnal knowledge and alleged that the
minor he was drinking with was the one who
had sex with AAA. RTC convicted Tionloc of
rape based on the allegations of the
information to which the CA affirmed. Can the
accused be tried on the crime o f Rape through
sexual intercourse under paragraph 1 of Art.
266-A of the RPC based on the allegations of
the information instead of rape by sexual
assault under paragraph 2 of Art. 266-A o f the
RPC based on the designation o f the crime in
the information.
A: YES. When there is a discrepancy between the
designation of the crime in the information and the
recital of facts in the information, the latter would
prevail and determine the nature of the crime
committed. “The character of the crime is not
determined by the caption or preamble of the
Information nor from the specification of the
provision of law alleged to have been violated, but
by the recital of the ultimate facts and
circumstances in the complaint or information.”
Nevertheless, accused Tionloc was acquitted for
failure of the prosecution to prove the use of force,
threat, or intimidation on AAA, which is one of the
elements of the crime of rape under Art. 266-A of
the RPC. (People vs Tionloc, G.R. No. 212193,
February 15, 2017).
Q: Is the right to be informed of the nature and
cause of accusation against the accused
violated when the appellate court affirmed his
conviction despite the fact that he was able to
present evidence on his whereabouts at the
date when the alleged crime was committed?
ATENEO CENTRAL
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A: No. As embodied in Section 14 (1), Article III of
the 1987 Constitution, no person shall be held to
answer for a criminal offense without due process
of law. Further, paragraph 2 of the same section,
it provides that in all criminal prosecutions, the
accused has a right to be informed of the nature
and cause of the accusation against him.
It is further provided under Sections 8 and 9 of
Rule 110 of the Revised Rules of Court that a
complaint or information to be filed in court must
contain a designation given to the offense by the
statute, besides the statement of the acts or
omissions constituting the same, and if there is no
such designation, reference should be made to the
section or subsection of the statute punishing it
and the acts or omissions complained of as
constituting the offense. (People v. Taundo, G.R.
No. 207816, 2016)
Q: Company A has allegedly been refilling
branded LPG cylinders in its refilling plant
absent any authority per certifications from
gas companies owning the branded LPG
cylinders, thus violating BP 33. As such,
P/Supt. X filed applications for search warrant
against the officers of ACCS, and later found
Gen. Manager Y primarily responsible for such
activity. A criminal prosecution against
Company A ’s Board o f directors was moved
for. Will it prosper?
A: No. A member of the board of directors of a
corporation is not necessarily an 'officer charged
with the management of the business affairs
thereof.' Even if the corporate powers of a
corporation are reposed in the board of directors
Sec. 23 of the Corporation Code, the board of
directors is not directly engaged or charged with
the running of the recurring business affairs of the
corporation. Depending on the powers granted
to them by the Articles of Incorporation, the
members of the board generally do not
concern themselves with the day-to-day affairs
of the corporation, except those corporate
officers who are charged with running the business
of the corporation and are concomitantly members
of the board, like the President who is also
required to be also a member of the board of
directors.
Since BP 33 expressly provides that only the
“ President, General Manager, Managing
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Partner, or such other officer charged with the
management of the business affairs of the
corporation, or the employee responsible for the
violation shall be criminally liable,” everything
else must necessarily and by implication be
excluded from its operation and effect
(Federated LPG Dealers Association v. Del
Rosario, G.R. No. 202639, November 9, 2016).
Q: What shall be averred in an information
charging an offense for violating the Anti-
Hazing Law?
A: Section 6, Rule 110 of the Rules of Court,
expressly states that the information must include,
inter alia, both "the designation of the offense
given by the statute" and "the acts or omissions
complained of as constituting the offense." Failure
to aver this crucial ingredient - that the purported
acts were employed as a prerequisite for
admission or entry into the organization - would
prevent the successful prosecution of the criminal
responsibility of the accused, either as principal or
as accomplice, for the crime of hazing. Plain
reference to a technical term - in this case, hazing
- is insufficient and incomplete, as it is but a
characterization of the acts allegedly committed
and thus a mere conclusion of law.
However, failure to allege that the purported acts
were not covered by the exemption relating to the
duly recommended and approved "testing and
training procedure and practices" for prospective
regular members of the AFP and the PNP is not
fatal. This exemption is an affirmative defense in,
not an essential element of, the crime of
accomplice to hazing. It is an assertion that must
be properly claimed by the accused, not by the
prosecution. (People v. Bayabos, G.R. No.
171222, 2015)
Q: Differentiate Amendment from Substitution
A: Both may be made before or after the
defendant pleaded.______________________
AMENDMENT SUBSTITUTION
May involve either Involves substantial
formal or substantial change from original
changes. charge.
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Amendment before the Substitution of Supreme Court

plea has been entered information must be orders change of
can be effected without with leave of court as venue, pursuant to Court of new venue
leave of court. the original Phil. Const, art. VIII,
information has to be §5(4)
dismissed. Court of any
municipality or territory
When an amendment Another preliminary where such train,
is only as to form, there investigation is Offense is committed aircraft or other vehicle
is no need for another entailed and the in a train, aircraft, or passed during such its
preliminary accused has to plead other public or private trip, including the place
investigation and the anew to the new vehicle while in the of its departure and
retaking of the plea of information. course of its trip arrival
the accused.
Includes departure and
An amended Requires or arrival ports
information refers to presupposes that the
Court of the first port of
the same offense new information
entry or of any
charged in the original involves a different
municipality or territory
information or to an offense which does Offense is committed
where the vessel
offense which not include or is not on board a vessel in
passed during such
necessarily includes or necessarily included the course of its
voyage
is necessarily included in the original voyage
in the original charge, charge, hence the
Departure and arrival
hence substantial accused cannot
ports NOT included
amendments to the claim double
Generally, RTC where
information after the jeopardy.
the alleged libelous
plea has been taken
article was printed and
cannot be made over
first published
the objection of the
accused, for if the
If offended party is a
original would be
public officer: where
withdrawn, the
the offended party held
accused could invoke
Offense is written office at the time at the
double jeopardy.
defamation commission of the
(Riano, Criminal Procedure [The Bar Lecture offense
Series])
If offended party is a
Q: What are the rules on venue? private individual,
A: Penal laws are territorial. The criminal action where the officer
shall be instituted in the court of the municipality or actually resided at the
territory where the offense or any of its essential time of the commission
elements occurred. of the crime

Exceptions: Piracy - has no territorial limits as it is a crime

COURT WITH against all mankind.
EXCEPTION
JURISDICTION
Offense committed Perjury
outside PH but under Perjury is committed through the making of a false
Court where criminal
the circumstances in affidavit under Article 183 of the RPC is committed
action is first filed
(Revised Penal at the time the affiant subscribes and swears to his
Code, Art. 2)
PAGE 83 OF 152
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or her affidavit since it is at that time that ail the
elements of the crime of perjury are executed.
When the crime is committed through false
testimony under oath in a proceeding that is
neither criminal nor civil, venue is at the place
where the testimony under oath is given.
If in lieu of or as supplement to the actual
testimony made in a proceeding that is neither
criminal nor civil, a written sworn statement is
submitted, venue may either be at the place where
the sworn statement is submitted or where the
oath was taken as the taking of the oath and the
submission are both material ingredients of the
crime committed (Union Bank v. People, G.R. No.
192565, 2015)
Illegal Recruitment under R.A. No. 8042 -
Criminal action arising from illegal recruitment
shall be filed in the RTC:
1. Where the offense was committed; or
2„ Where the offended party actually resides (Sto.
Tomas v. Salac, G.R. No. 152642, 2012)
Trafficking in Persons - the action shall be filed
where:
1. Where the offense was committed
2. Where any of its elements occurred
3. Where the trafficked persons actually resides
at the time of the commission of the offense
The court where the criminal action is first filed
shall acquire jurisdiction to the exclusion of other
courts. (R.A. 9208, Sec. 9)
In exceptional circumstances, to ensure a fair
trial and impartial inquiry, the Supreme Court shall
have the power to order a change of venue or
place of trial to avoid the miscarriage of justice
(1987 Constitution, Section 5(4), Art. Vlli)
Trafficking cases shall prescribe in ten (10) years:
Provided, however, That trafficking cases
committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty
(20) years. (R.A. 9208, Sec. 12)
Trafficking may be committed with or without
victim’s consent or knowledqe (R.A. 9208, Sec.
3(a))
PAGE 84 OF 152
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Cases involving trafficking in persons should not
be dismissed based on the affidavit of
desistance executed by the victims or their
parents or legal guardians. (R.A. 10364, Sec. 8(c))
B.P. 22 cases - One can file either in the place of
issuance of the check or where the check was
deposited and bounced. (Isip v. People, G.R. No.
170298, 2007)
The Court held that the venue was properly laid
where the accused delivered the checks and/or
transactions occurred.
Estafa cases - elements may be committed in
different places.
Q: May venue be waived in criminal cases?
A: No. It is an essential element of jurisdiction.
(Navaja v De Castro, G.R. No. 182926, 2015)
Q: What determines the venue in a criminal
action?
A: The jurisdiction of a court over the criminal
case is determined by the allegations in the
complaint or information. . What must thus be
followed is the venue alleged in the information
(Evangelista v. People, G.R. No. 163267, 2010).
Q: An information alleging X was in
possession, custody, and control of
unlicensed firearms at NAIA prompted his
arrest therein. X traveled an Angola-Dubai-
Manila route. During investigation, he admitted
that he brought the subject firearms
from Angola, but the same were confiscated
by the Dubai authorities, who turned over the
same to a PAL personnel in Dubai. X contends
that the RTC of Pasay has no jurisdiction over
the case since his alleged possession
transpired while he was at the Dubai Airport.
Hence, such possession has ceased when he
left for the Philippines. He insists that since
Dubai is outside the territorial jurisdiction o f
the Philippines and his situation is not one of
the exceptions provided in Art. 2 of
the Revised Penal Code, he had not committed
a crime within the Philippines. Is X correct?
A: NO. X fails to establish by sufficient and
competent evidence that the present charge
happened in Dubai. The jurisdiction of a court over
the criminal case is determined by the allegations
 ATEMEO CENTRAL
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in the complaint or information. Since there is no delict, UNLESS, the judgment of acquittal
pending criminal case when X left Dubai, it stands expressly declares that the act or omission from
to reason that there was no crime committed in which the civil liability may arise did not exist.
there. What must thus be followed is the venue (Coscuella v. Sandiganbayan. G.R. No. 191411,
alleged in the information (Evangelista v. People, 2013)
G.R. No. 163267, May 5, 2010).
Q: Is there an independent civil action for
| C. PROSECUTION OF CIVIL ACTIONS | violations of BP 22?
A: There is no independent civil action to recover
the value of a bouncing check issued in
Q: When may civil action proceed
contravention of BP 22. This is clear from Rule 111
independently?
of the Rules of Court, effective December 1, 2000,
A: General Rule: Independent civil actions under
which provides among others that the criminal
Articles 32 (violation of civil and political rights), 33
action for violation of Batas Pambansa Big. 22
(defamation, fraud, physical injuries), 34 (refusal of
shall be deemed to include the corresponding civil
police officer to render aid) and 2176 (quasi-delict)
action. No reservation to file such civil action
of the Civil Code:
separately shall be allowed. (Heirs of Eduardo
1. May be brought by the offended party;
Simon v. Elvin Chan and CA, G.R. No. 157547,
2. Proceed independently of criminal action; and
2011)
3. Require only a preponderance of evidence
(Rule 111, Sec. 3)
Q: Can the civil action corresponding a
criminal action pending before the
Exception: A plaintiff cannot recover damages
Sandiganbayan be reserved?
twice for the same act or omission of the
A: No. The filing of the criminal action shall be
defendant. (Civil Code, Art. 2177)
deemed to necessarily carry with it the filing of the
civil action, and no right to reserve the filing of such
Q: What is the rule on the implied institution of
civil action separately from the criminal action shall
civil action with criminal action?
be recognized. However, where the civil action
A: General Rule: The institution or filing of the
had heretofore been filed separately but judgment
criminal action includes therein the institution of
has not been rendered, and a criminal case is filed
civil action for recovery of civil liability arising from
before the Sandiganbayan or appropriate court,
the offense charged. (Rule 111, Sec. 1)
said civil action shall be transferred thereto.
Otherwise, the civil action shall be abandoned.
Exception/s: When the offended party:
(P.D. No. 1606, as amended by R.A. No. 10660,
1. Waives the civil action;
Sec. 4)
2. Reserves his right to institute the civil action
separately; or
Q: What is the effect of the death of the
3. Institutes the civil action prior to the criminal
accused on civil and criminal liability?
action. (Rule 111, Sec. 1)
A:
a) Before Arraignment
Q: What civil action is deemed instituted with
The criminal action shall be dismissed without
the criminal action?
prejudice to the offended party’s filing any civil
A: The civil action for the recovery of civil liability
action against the estate of the deceased.
that is deemed instituted with the criminal action
refers only to that arising from the offense
b) After Arraignment and During the Pendency
charged. (Solidum v. People, G.R. No. 192123,
of the Criminal Action
2014)
General Rule: Death extinguishes the civil liability
Q: Does the acquittal of the accused bars the
arising from delict or the offense.
filing of a civil case against the accussed?
A: (PERLAS-BERNABE) The acquittal of
Exception: Where civil liability is predicated on
petitioner does not bar the offended party from
other sources of obligations such as law, contract,
pursuing a subsequent civil case based on the
PAGE 85 OF 152
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quasi-contract, and quasi-delict (Asilo v. People
G.R. Nos. 159017-18, 2011) - Independent civil
action
Note: Both may be continued against the estate or
legal representative of the accused after proper
substitution, or against said estate, whatever the
case may be. Heirs of the deceased shall be
substituted for the deceased defendant without
requiring the appointment of an executor or
administrator. The court may also appoint a
guardian ad litem for minor heirs. The criminal
case is reduced to a civil action. (People v. Lipata
y Ortiza, G.R. No. 200302, 2016)
If the civil action has been reserved and
subsequently filed or such civil action has been
instituted, when the accused died, then such civil
action will proceed and substitution of parties shall
be ordered by the court pursuant to Section 16
Rule 3 of the Rules of Court.
c) After Final Judgment
The action is enforced as a money claim against
the estate. (Rule 86)
Q: What Is a prejudicial question?
A: One which arises in a case, the resolution of
which is a logical antecedent of the issue involved
in the criminal case and the cognizance of which
pertains to another tribunal. (Zapata v. Montesa, 4
SCRA 510[1962])
Q: What are the elements of a prejudicial
question?
A: Based on Jurisprudence
1. The civil case involves facts intimately related
to those upon which the criminal prosecution
would be based
2. In the resolution of the issue or issues raised in
the civil action, the guilt or innocence of the
accused would necessarily be determined; and
3. Jurisdiction to try said question must be lodged
in another tribunal. (People v. Arambulo, G.R.
No. 186597, 2015)
B. Based on the Rules of Court
1 I he previously instituted civil action involves
an issue similar or intimately related to the
issue raised in the subsequent criminal action.
2. The resolution of such issue determines
whether or not the criminal action may proceed.
PAGE 86 OF 152
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Q: Is there a prejudicial question if the civil and
criminal action can proceed independently?
A: There is no prejudicial question if the civil and
the criminal action can, according to law, proceed
independently of each other. Under Rule 111,
Section 3 of the Revised Rules on Criminal
Procedure, in the cases provided in Articles 32, 33,
34 and 2176 of the Civil Code, the independent
civil action may be brought by the offended party.
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. (Consing,
Jr. vs. People, G.R. No. 161075, 2013)
Q: Must a civil case precede the criminal case
for the doctrine of prejudicial question to
apply?
A:
General Rule: There must be a previously
instituted civil action and a subsequent criminal
action for the doctrine of prejudicial question to
apply.
Exception: The Supreme Court has relaxed this
rule and applied the doctrine to a previously
instituted administrative case and a subsequent
civil case (Quiambao v. Osorio, G.R. No. L-48157,
1998) and also a previously instituted
administrative case and a subsequent criminal
case (San Miguel Properties, Inc. vs. Sec.
Hernando Perez, G.R. No. 166836, 2013).
The Supreme Court acknowledged in those cases
that there was an INTIMATE CORRELATION OR
INTIMATE RELATION between the two cases.
Q: Can a prejudicial question in an
administrative case filed with the HLURB
suspend the criminal action?
A: Yes, because the action for specific
performance was an action civil in nature but could
not be instituted elsewhere except in the HLURB
whose jurisdiction over the action was exclusive
and original. (San Miguel Properties, Inc. vs. Sec.
Hernando Perez, G.R. No. 166836, 2013)
Q: Can criminal liability be extinguished by
novation of the contract?
 ATENEO CENTRAL
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A: Criminal liability for estafa is not affected by a 3. To determine the amount of bail, if the offense
compromise or novation of contract, since it is a is bailable. (Callo-Claridad vs. Esteban, G.R.
public offense (Metrobank v. Reynaldo, G.R. No. No. 191567, 2013)
G.R. No. 164538, 2010)
Q: How is probable cause defined for purposes
However, novation is relevant only to determine if of filing a criminal information?
the parties have meanwhile altered the nature of A: Probable cause for purposes of filing a criminal
the obligation prior to the commencement of the information is defined as such facts as are
criminal prosecution in order to prevent the sufficient to engender a well-founded belief that a
incipient criminal liability of the accused. (Deganos crime has been committed and that the
v. People, G.R. No. 162826, 2013) respondent is probably guilty thereof. Probable
cause, although it requires less than evidence
| D. PRELIMINARY INVESTIGATION | justifying a conviction, demands more than bare
suspicion. (Callo-Claridad vs. Esteban, G.R. No.
191567, 2013)
Q: What is the nature o f a preliminary
investigation?
Q: What are the instances in the Rules where
A: The preliminary investigation, which is the
probable cause needs to be established?
occasion for the submission of the parties’
A: Instances When Probable Cause Needs To Be
respective affidavits, counter-affidavits and
Established
evidence to buttress their separate allegations, is
WHO PURPOSE OF
merely inquisitorial, and is often the only means of
DETERMINE DETERMINATION
discovering whether a person may be reasonably
S
charged with a crime, to enable the prosecutor to
prepare the information. It is not yet a trial on the To determine W/N there is
merits, for its only purpose is to determine whether sufficient ground to engender
a crime has been committed and whether there is a well-founded belief that the
probable cause to believe that the accused is respondent is guilty thereof,
Investigating
guilty thereof. What is required is only that the and should be held for trial
Officer (Rule
evidence be sufficient to establish probable cause 112, Secs. 1 &
that the accused committed the crime charged, not Required before the filing of a
3)
that all reasonable doubt of the guilt of the accused complaint or information for
be removed. (Enrile and Enrile v. Judge an offense where the penalty
Manalastas, etal., G.R. No. 166414, 2014) prescribed by law is > 4 yr, 2
mo, and 1 day
Q: When is it required? To determine W/N a warrant
A: General Rule: BEFORE the filing of a of arrest or a commitment
complaint or information for an offense where the Judge (Rule order shall be issued and that
penalty prescribed by law is at least 4 years, 2 112, Secs. 5 & there is a necessity of placing
months and 1 day without regard to the fine. 8) respondent under immediate
custody in order not to
Exception: If the accused was arrested by virtue frustrate the ends of justice
of lawful arrest without warrant (Rule 112, Sec. 1) When making a warrantless
arrest, and he has probable
Peace Officer
Q: What are the purposes o f preliminary cause to believe based on
or Private
investigation? personal knowledge of facts
Person (Rule
A: or circumstances that the
113, Sec. 5[b])
1. To determine whether a crime has been person to be arrested has
committed and whether there is probable committed it
cause to believe that the accused is guilty Judge (Rule To determine W/N a search
thereof. 126, Sec. 4) warrant shall be issued
2. To preserve evidence and keep the witnesses
within the control of the State.
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Q: Can the courts rule on the validity of the
Secretary of Justice's determination of the
existence of lack of probable cause?
A: No. The settled policy is that the courts will not
interfere with the executive determination of
probable cause for the purpose of filing an
information, in the absence of grave abuse of
discretion. That abuse of discretion must be so
patent and gross as to amount to an evasion of a
positive duty or a virtual refusal to perform a duty
enjoined by law or to act at all in contemplation of
law, such as where the power is exercised in an
arbitrary and despotic manner by reason of
passion or hostility. (Metropolitan Bank and Trust
Co. V. Tobias, G.R. No. 177780, 2012)
Q: Can the Secretary of Justice conduct
automatic review of the Provincial
Prosecutor's affirmance of former resolutions
issued by previous investigating prosecutors
without conducting an actual reinvestigation
of the case?
A: Yes. The Secretary of Justice is empowered to
review the actions of the Provincial Fiscal during
the preliminary investigation or the reinvestigation
by virtue of Section 4, Rule 112 of the Rules of
Court which recognizes the Secretary of Justice’s
power to review the actions of the investigating
prosecutor, even motu proprio. (Fortaleza v.
Gonzales, G.R No. 179287, 2016)
Q: Can the Secretary of Justice issue an Order
creating a new panel of investigators to
conduct a reinvestigation of the case?
A: Yes. Under Rule 112, Section 4 of the Rules of
Court, the Secretary of Justice may motu proprio
reverse or modify resolutions of the provincial or
city prosecutor or the chief state prosecutor even
without a pending petition for review. The
Secretary of Justice exercises control and
supervision over prosecutors and it is within her-
authority to affirm, nullify, reverse, or modify the
resolutions of her prosecutors.
Section 4 of R.A. No. 10071 also gives the
Secretary of Justice the authority to directly act on
any ’’probable miscarriage of justice within the
jurisdiction of the prosecution staff, regional
prosecution office, and the provincial prosecutor or
the city prosecutor." Accordingly, the Secretary of
Justice may step in and order a reinvestigation
even without a prior motion or petition from a party
PAGE 88 OF 152
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in order to prevent any probable miscarriage of
justice. (De Lima v. Reyes, G.R. No. 209330,
2016)
Q: Is the respondent entitled to copies of co­
respondent's affidavit, as well as the
transcripts of the clarificatory hearings
conducted by the Ombudsman with said co­
respondent?
A: No. In Estrada v. Ombudsman, the Court had
already resolved in detail that under both Rule 112
of the 2000 Rules of Criminal Procedure and
Section 4, Rule II of the Rules of Procedure of the
Office of the Ombudsman, a respondent to a
preliminary investigation proceeding is only
entitled to the evidence submitted by the
complainants, and not to those submitted by a co­
respondent. (Reyes v. OMB, G.R. Nos. 212593-
94, 2016)
Q: Do judges have the authority to immediately
dismiss the case for lack o f probable cause?
A: Yes. The Court declared in Santos-Dio v. CA
(Santos-Dio) that while a judge's determination of
probable cause is generally confined to the limited
purpose of issuing arrest warrants, he is
nonetheless authorized under Section 5 (a), Rule
112 of the Revised Rules of Criminal Procedure to
immediately dismiss the case if the evidence on
record clearly fails to establish probable cause. A
judge may dismiss the case for lack of probable
cause only in clear-cut cases when the evidence
on record plainly fails to establish probable cause
- that is when the records readily show
uncontroverted, and thus, established facts which
unmistakably negate the existence of the elements
of the crime charged. (Young v. People, G.R. No.
213910, 2016)
Q: A complaint-affidavit was filed by X
accusing Y of libel. After the preliminary
investigation, the investigating prosecutor
issued a resolution finding that there is
probable cause to indict Y of libel. The
resolution was approved and an information
fo r libel was filed against Y. Y filed an appeal
with the NCR Regional Prosecutor and then to
the DOJ Secretary but was denied. Y filed a
petition for certiorari saying there was abuse
of discretion in finding a prima facie case of
libel against her. CA denied the petition. Is
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there sufficient probable cause to file the
information?
A : Yes. Probable cause for the purpose of filing a
criminal information needs only to rest on evidence
showing that more likely than not, a crime has
been committed and was committed by the
suspect. Prosecutor alone determines sufficiency
of evidence to establish probable cause justifying
the filing of a criminal information since the
determination of the existence of probable cause
is the function of the prosecutor. Judicial review is
allowed only when there is a clearly established
grave abuse of discretion. (Corpuz v. Del Rosario,
G.R. 149261, December 15, 2010)
Q: When may a warrant of arrest be issued?
A: (BERNABE) The judge, upon the filing of the
complaint or information with the court, finds
probable cause, he/she shall issue a warrant of
arrest or a commitment order (if the accused had
already been arrested) and hold him/her for trial.
If the judge is satisfied that there is no necessity
for placing the accused under custody, he/she
may issue summons instead of warrant of arrest.
If the judge does not find probable cause, he may
either dismiss the case or yive the pruseculur a
period of 10 days to file additional evidence. If the
judge dismisses the case, he must state the basis
of his dismissal.
However, if the evidence on record shows that,
more likely than not, the crime charged has been
committed and that respondent is probably guilty
of the same, the judge should not dismiss the case
and thereon, order the parties to proceed to trial.
(People vs. Young, GR No. 213910, 2016)
Q: What procedures does the prosecutor need
to follow in deciding whether to issue warrants
of arrest?
A: In satisfying himself of the existence of
probable cause for the issuance of a warrant of
arrest, the judge is not required to personally
examine the complainant and his witnesses.
Following established doctrine and procedure, he
shall:
1. Personally evaluate the report and the
supporting documents submitted by the fiscal
regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest
[Personal determination]; or
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2. If on the basis thereof he finds no probable
cause, he may disregard the fiscal’s report and
require the submission of supporting affidavits
of witnesses to aid him in arriving at a
conclusion as to the existence of probable
cause. (Soliven v. Makasiar, G.R. Nos. L-
82585, L-82827, and L-83979, 1988)
Q: Distinguish Probable cause of Fiscal from
that of a Judge?
A: (PERLAS-BERNABE) Determination of
probable cause is either executive or judicial in
nature. The first pertains to the duty of the public
prosecutor during preliminary investigation for the
purpose of filing an information in court. At this
juncture, the investigating prosecutor evaluates if
the facts are sufficient to engender a well-founded
belief that a crime has been committed and that
the accused is probably guilty thereof. On the
other hand, judicial determination of probable
cause refers to the prerogative of the judge to
ascertain if a warrant of arrest should be issued
against the accused. At this stage, the judge
makes a preliminary examination of the evidence
submitted, and on the strength thereof, and
independent from the findings of the public
prosecutor, determines the necessity of placing
the accused under immediate custody in order to
frustrate the ends of justice. (People v. Young, GR
213910, 2016)
Q: Can a judge issue a warrant of arrest even
though the preliminary investigation is not yet
finished?
A: Section 6(b) of Rule 112 also states that the
investigating judge could issue a warrant of arrest
during the preliminary investigation even without
awaiting its conclusion should he find after an
examination in writing and under oath of the
complainant and the witnesses in the form of
searching questions and answers that a probable
cause existed, and that there was a necessity of
placing the respondent under immediate custody
in order not to frustrate the ends of justice.
(Mangila v. Pangilinan, G.R. No. 160739, 2013)
Q: When is warrant of arrest not necessary?
A:
1. When the accused is already under detention
2. When the accused is lawfully arrested without
a warrant
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3. When the offense is penalized by a fine only.
(Rule 112, Secs. 5[c]-[d])
Q: What are the remedies of the accused if
there was no preliminary investigation?
A:
1. Refuse to enter a plea upon arraignment and
object to further proceedings on ground of
absence of preliminary investigation.
2. Insist on a preliminary investigation.
3. Raise lack of preliminary investigation as error
on appeal.
4. File a petition for prohibition and certiorari.
If the accused files a petition for prohibition and
certiorari, he can also ask for the remedy for
injunctive relief. If the court where the petition was
filed does not grant the injunctive relief within 10
days from the filing of the petition, the lower court
shall proceed with the hearing of the case or
arraignment. (Rule 65, Sec. 7)
Q: Can Hearsay evidence establish probable
cause?
A: (PERLAS-BERNABE) Since a preliminary
investigation does not finally adjudicate the rights
and obligations of parties, "probable cause can be
established with hearsay evidence, as long as
there is substantial basis for crediting the hearsay”
(Reyes v. Ombudsman, G.R. Nos. 212593-94,
2016).
Q: What is the effect of absence of preliminary
investigation?
A: The absence of a preliminary investigation does
not impair the validity of the information or
otherwise render it defective. Neither does it affect
the jurisdiction of the court or constitute a ground
for quashing the information. The trial court,
instead of dismissing the information, should hold
in abeyance the proceedings and order the public
prosecutor to conduct a preliminary investigation.
(Villaflorv. Viva, G.R. No. 134744, 2001)
Q: X filed a criminal complaint against Y for
violation of the Forestry Reform Code for
illegally cutting timber. The Office of the City
Prosecutor recommended the filing of
information against Y and was approved by the
Office of the Ombudsman. An information was
filed against Y. Y filed for a Motion for
Reinvestigation stating that the complaint filed
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by X did not mention him as one o f the
perpetrators of the crime, this was denied by
the Office of the Ombudsman. Trial ensued and
the trial court found Y guilty o f the crime
charged. CA affirmed the lower court’s
decision. Y filed an appeal with the SC arguing
that the refusal o f the Ombudsman to conduct
a reinvestigation was tantamount to a denial o f
the right to due process, and claimed that he
was not afforded a preliminary investigation
because he was not named in the complaint
filed by X. Was Y denied of due process when
he was not afforded a preliminary
investigation?
A: NO. Absence of a proper preliminary
investigation must be timely raised and must not
have been waived. This is to allow the trial court to
hold the case in abeyance and conduct its own
investigation or require the prosecutor to hold a
reinvestigation which, necessarily involves a re­
examination and re-evaluation of the evidence
already submitted by the complainant and the
accused, as well as the initial finding of probable
cause which led to the filing of the information after
the requisite preliminary investigation. There was
no basis on the assertion Y was not afforded
preliminary investigation, Y participated in the
scheduled preliminary investigation conducted
prior to filing the criminal case and even denied
involvement in the crime, and he also never raised
the issue again after the Ombudsman denied his
motion and entered a plea of not guilty and
participated in the trial. By entering his plea, and
actively participating in the trial, he is deemed to
have waived his right to preliminary investigation.
(Villarin v People, GR No. 175289, August 31,
2011)
Q: What is an inquest?
A: Inquest is an informal and summary
investigation conducted by a public prosecutor in
criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining
whether or not said persons should remain under
custody and correspondingly charged in court.
(DOJ Department Circular No. 61, 1993)
l E. ARREST l
Q: When is a warrantless arrest valid and
lawful?
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A: Lawful Warrantless Arrest:
1. When IN HIS/HER PRESENCE, the person to
be arrested has committed, is actually
committing or is attempting to commit an
offense (IN FLAGRANTE DELICTO
ARRESTS). (Rule 113, Sec. 5[aJ)
2. When an offense has just been committed and
he has probable cause to believe based on
PERSONAL KNOWLEDGE of fact and
circumstance that the person to be arrested
has committed it. (DOCTRINE OF HOT
PURSUIT).(T?i//e 113, Sec. 5[b])
Note: (BERNABE) This doctrine is different from
in flagrante delicto in the sense that this does not
require the arresting officer or person to personally
witness the commission of the offense. What is
important is the immediacy of the arrest reckoned
from the commission of the crime. However, it is
not enough that the arresting officer had
reasonable ground to believe that the accused had
just committed a crime; a crime must, in fact, have
been committed first and that the arresting officer
knows for a fact that it has been committed.
(Comerciante v. People, G.R. No. 205926, 2015)
Note: The standards for evaluating the factual
basis supporting a probable cause assessment
are not less stringent in warrantless arrest
situation than in a case where a warrant is sought
from a judicial officer. The probable cause
determination of a warrantless arrest is based on
information that the arresting officer possesses at
the time of the arrest and not on the information
acquired later. (People vs. Pestilos, GR No.
182601, 2014)
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
temporarily confined while his case is pending
or has escaped while being transferred from
one confinement to another [Escaped
Prisoner]. (Rule 113, Sec. 5[c])
4. When a person who has been lawfully arrested
escapes or is rescued (Rule 113, Sec. 13)
5. By the bondsman for the purpose of
surrendering the accused (Rule 113, Sec. 23)
6. Where the accused released on bail attempts
to leave the country without permission of the
court (Rule 114, Sec. 23)
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Q: What are the requisites to constitute a valid
arrest in flagrante delicto? What are the effects
o f such a valid warrantless arrest?
A: To constitute a valid In flagrante delicto arrest,
two requisites must concur: (1) the person to be
arrested must execute an overt act indicating that
he has just committed, is actually committing, or is
attempting to commit a crime; and (2) such overt
act is done in the presence or within the view of
the arresting officer. (Martin Villamor v. Victor
Bonaobra, G.R. No. 200396, 2017)
A valid warrantless arrest gives the officers the
right to search the area for objects relating to the
crime and seize them only if they are in plain view.
In the course of their lawful intrusion, if items
plainly visible were discovered, the police officers
would be justified in seizing them. A valid
warrantless arrest means that the search and
seizure that resulted from it are likewise lawful.
The objects obtained from such lawful search and
seizures are admissible in evidence. (Saraum v.
People, G.R. No. 205472, 2016)
Q: Are routine baggage inspections conducted
by port authorities, done without a search
warrant, unreasonable per se? Is it the same as
a customs search?
A: With port security personnel's functions having
the color of state-related functions and deemed
agents of government, the Bill of Rights applies in
this case.
Searches pursuant to port security measures are
not unreasonable per se. The security measures
of x-ray scanning and inspection in domestic ports
are akin to routine security procedures in airports.
The reason behind it is that there is a reasonable
reduced expectation of privacy when coming into
airports or ports of travel.
Travelers are often notified through airport public
address systems, signs and notices in their airline
tickets that they are subject to search and, if any
prohibited materials or substances are found, such
would be subject to seizure. These
announcements place passengers on notice that
ordinary constitutional protections against
warrantless searches and seizures do not apply to
routine airport procedures.
It is also important to note that routine baggage
ATEMEO CENTRAL
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inspections are different from a customs search.
Although customs searches usually occur within
ports or terminals, it is important that the search
must be for the enforcement of customs laws.
(Dela Cruz v. People, G.R. No. 209387, 2016)
Q: is consent considered invalid If it is
premised on one’s belief that there are no
prohibited items in his bag?
A: One’s belief that no incriminating evidence
would be found does not automatically negate
valid consent to the search when incriminating
items are found. His or her belief must be
measured against the totality of the
circumstances. (Dela Cruz v. People, G.R. No.
209387, 2016)
Q: What are the requisites of a valid warrant of
arrest?
A:
1. The arrest warrant must be issued upon
probable cause.
2. Probable cause must be determined personally
by a judge.
3. There must be an examination under oath or
affirmation of the complainant and the
witnesses he may produce.
4. The warrant must particularly describe the
person to be seized. (Tabujara III v. People,
G.R. No. 175162, 2008)
Q: May the defense file a motion fo r judicial
declaration of probable cause when a warrant
of arrest or a commitment order has already
been issued or when arraignment has already
been set?
A: No. The motion shall be denied by the courts.
Section 6 of Rule 112 specifically provides that
before a warrant of arrest or a commitment order
may be issued by the judge, there must first be a
judicial determination of probable cause by the
judge himself. In one case, it was held that a
motion for judicial declaration of probable cause is
moot and academic when a warrant of arrest is
subsequently issued. (Hao v. People, G.R. No.
183345, 2014)
Q: How is an arrest made?
A:
1. By actual restraint of the person to be arrested;
or
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2. By his/her submission to the custody of the
person making the arrest. (Rule 113, Secs. 1-
2)
Q: What is the effect of the failure to raise an
objection to the irregularity of arrest before
arraignment?
A: An accused is estopped from assailing any
irregularity of his arrest if he fails to raise this issue
or to move for the quashal of the information
against him on this ground before
arraignment. Any objection involving a warrant of
arrest or the procedure by which the court
acquired jurisdiction over the person of the
accused must be made before he enters his plea;
otherwise, the objection is deemed
waived.(Salvador V. Rebellion v. People, G.R. No.
175700, 2010)
Q: X was caught through a buy-bust operation
fo r selling shabu wherein she was convicted
fo r the same. She insists that the warrantless
arrest, search and seizure carried out by the
police offers was illegal since they merely
suspected her to have committed a crime. She
further alleges that the evidence recovered
from her had no evidentiary value for the
failure of the buy-bust team to photograph the
seized shabu in the presence o f a media
representative, the DOJ, and any elected
public official. Was X’s warrantless arrest
valid?
A: YES. In cases involving the illegal sale of
dangerous drugs, “credence should be given to
the narration of the incident by the prosecution
witnesses, especially when they are police officers
who are presumed to have performed their duties
in a regular manner, unless there is evidence to
the contrary. Here, X was arrested after
committing a criminal offense that resulted from a
successful buy-bust operation. Having been
apprehended in flagrante delicto, the police
officers were not only authorized but were even
duty-bound to arrest her even without a warrant.
Besides, X’s objection to the evidence’s
admissibility must have been manifested prior to
entering her plea, otherwise, it is deemed waived.
(People v. Gloria Nepomuceno y Pedraza, G.R.
No. 194999, February 9, 2015)
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| F. BAIL [Recidivist]
2. That he has previously escaped from legal
confinement, evaded sentence or violated the
Q: What is Bail?
condition of his bail without valid justification;
A: It is the security given for the release of a
[Escaped]
person in custody of the law, furnished by him or a
3. That he committed the offense while under
bondsman, to guarantee his appearance before
probation, parole or conditional pardon;
any court as required under the conditions
[Probation]
hereinafter specified. (Rule 114, Sec. 1)
4. That the circumstances of his case indicate the
probability of flight if released on bail; [Flight-
Q: What are the forms o f bail?
risk] or
A: These are:
5. That there is undue risk that he may commit
1. Corporate surety;
another crime during the pendency of the
2. Property bond;
appeal. [Crime-risk] (Rule 114, Sec. 5)
3. Cash deposit; and
4. Recognizance. (Rule 114, Sec. 1)
Q: What is the rule on bail pending appeal
when the conviction by the RTC is punishable
Q: When is a person under custody of the law?
by imprisonment exceeding 6 years but not
A: A person is “in the custody of law” when he has
been arrested or otherwise deprived of his more than 20 years?
A: Two scenarios under Rule 114, Sec. 5:
freedom or when he has voluntarily submitted
1. If the accused is convicted and sentenced by
himself to the jurisdiction of the court by
the RTC to imprisonment exceeding 6 years
surrendering to the proper authorities. As bail is
but not more than 20 years AND none of the
intended to obtain or secure one’s provisional
above circumstances (recidivist, etc.) is
liberty, the same cannot be posted before the court
present, the grant of bail is a matter of
has acquired custody over him. Upon assumption
discretion. The court may or may not grant bail.
of the obligation of bail, the sureties become in law
2. If the accused is convicted and sentenced by
the jailers of their principal. (People v. Gako, G.R.
the RTC to imprisonment exceeding 6 years
No. 135045, December 15, 2000)
but not more than 20 years AND one or more
of the above circumstances (recidivist, etc.) is
Q: When is bail a matter o f right?
present, bail should be denied. (Leviste v. CA,
A:
G.R. No. 189122, 2010)
1. Before or after conviction by the MTC; and
2. Before conviction by RTC for all offenses
Q: When is hearing for bail mandatory?
punishable by a penalty lower than reclusion
A: Although in theory, the only function of bail is to
perpetua, death, or life imprisonment. (Rule
ensure the appearance of the accused at the time
114, Sec. 4)
set for the arraignment and trial; and in practice,
bail serves the further purpose of preventing the
Q: When is bail a matter o f discretion?
release of an accused who may be dangerous to
A:
society or whom the judge may not want to
1. Before conviction, in offenses punishable by
release, a hearing upon notice is mandatory
death, reclusion perpetua or life imprisonment
before the grant of bail, whether bail is a matter of
2. After conviction by the RTC of a non-capital
right or discretion. With more reason is this true in
offense. (Rule 114, Sec. 5)
criminal prosecutions of a capital offense, or of an
offense punishable by reclusion perpetua or life
Q: What are the bail-negating circumstances?
imprisonment.
A: If the penalty imposed by the trial court is
imprisonment exceeding 6 years, the accused
Even if the accused did not file an application for
shall be denied bail or his bail be cancelled upon
bail and even if the public prosecutor had
a showing by the prosecution of the following:
recommended bail, a hearing should still be held.
1. Accused is a recidivist, quasi-recidivist or
Such hearing is separate and distinct from the
habitual delinquent or has committed the crime
initial hearing to determine the existence of
aggravated by the circumstance of reiteration;
PAGE 93 OF 152
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probable cause. (Atty. Franklin G. Gacal v. Judge
Jaime L Infante, A M No. RTJ-04-1845, 2011)
Q: What are the duties of trial judge In a
petition for ball in offenses punishable by
reclusion perpetua, life imprisonment, or
death?
A:
1. In all cases, whether bail is a matter of right or
of discretion, notify the prosecutor of the
hearing of the application for bail or require him
to submit his recommendation
2. Where bail is a matter of discretion, conduct a
hearing of the application for bail regardless of
whether or not the prosecution refuses to
present evidence to show that the guilt of the
accused is strong for the purpose of enabling
the court to exercise its sound discretion;
3. Decide whether the guilt of the accused is
strong based on the summary of evidence of
the prosecution;
4. If the guilt of the accused is not strong,
discharge the accused upon the approval of the
bailbond (Enrile v. Sandiganbayan, G.R. No.
213847, 2015)
Q: What are the conditions for bail?
A:
1. The undertaking shall be effective upon
approval, and unless cancelled, shall remain in
force at all stages of the case until promulgation
of the judgment of the Regional Trial Court,
irrespective of whether the case was originally
filed in or appealed to it;
2. The accused shall appear before the proper
court whenever required by the court of these
Rules;
3. The failure of the accused to appear at the trial
without justification and despite due notice shall
be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in
absentia] and
4. The bondsman shall surrender the accused to
the court for execution of the final judgment.
(Rule 114, Sec. 2)
Q: Is arraignment required before the granting
of bail?
A: No. Bail does not require arraignment. As long
as there is deprivation of liberty or voluntary
surrender, one can apply for bail. (Serapio v.
Sandiganbayan, G.R. No. 148468, 2003)
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The trial court could ensure the presence of the
accused at the arraignment precisely by granting
bail and ordering his presence at any stage of the
proceedings such as arraignment. (Rule 114, Sec.
2)
Requiring arraignment would place the accused in
a position where he has to choose between 1)
filing a motion to quash and thus delay his release
on bail and; 2) foregoing the filing of a motion to
quash so that he can be arraigned at once and
thereafter be released on bail. These scenarios
certainly undermine the accused’s constitutional
right not to be put on trial except upon valid
complaint or information sufficient to charge him
with a crime and his right to bail. (Lavides v. Court
of Appeals, G.R. No. 129670, 2000)
Q: Is the application fo r bail a bar to objections
on illegal arrest, lack of or irregular preliminary
investigation?
A: Bail is not a bar to objections on illegal arrest,
lack of or irregular preliminary investigation. An
application for admission to bail shall not bar the
accused from:
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued therefore; or
3. From assailing the regularity or questioning the
absence of a preliminary investigation of the
charge against him.
PROVIDED: That the accused 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. (Rule 114, Sec. 26)
Q: What happens when an accused who is
granted bail fails to appear before the court
who requires his appearance?
A: When bail is granted, the accused must appear
whenever the court requires his presence;
otherwise, his bail shall be forfeited. This
authorizes the court to cancel the bail bond. Any
motion for bail pending appeal will also be denied
because of violation of the conditions of the
previous bail. Once an accused escapes from
prison or confinement, jumps bail or flees to a
foreign country, he loses his standing in court.
Unless he surrenders or submits to the jurisdiction
of the court, he is deemed to have waived any right
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to seek relief from the court. (People v. Piad, G.R.
No. 213607, 2016)
Q: Under R.A. No. 9344 (Juvenile Justice and
Welfare Act of 2006), is the child in conflict with
the law entitled to bail?
A: Yes. The child has a right to bail and
recognizance or to be transferred to a youth
detention home / rehabilitation center. The court
cannot order the child’s detention in a jail pending
trial or hearing. (Sec. 35, R.A. No. 9344)
Q: Will a clear showing of fragile health justify
admission to bail?
A: Yes. A clear showing of fragile health justifies
one’s admission to bail. The court recognizes the
country’s responsibility to the international
community which arises from the Universal
Declaration of Human Rights. This national
commitment to uphold the fundamental human
rights as well as value the worth and dignity of
every person has authorized the grant of bail not
only to those charged in criminal proceedings but
also to extraditees upon a clear and convincing
showing: (1) that the detainee will not be a flight
risk or a danger to the community; and (2) that
there exist special, humanitarian and compelling
circumstances. (Enrile v. Sandiganbayan, G.R.
No. 213847, 2015)
G. ARRAIGNMENT AND PLEA
Q: What is an arraignment?
A: Arraignment means the proceeding in a
criminal case, whose object is to fix the identity of
the accused, to inform him of the charge and to
give him an opportunity to plead, or to obtain from
the accused his answer, in other words, his plea to
the information. (People v. Pillado, G.R. No. L-
7254, 1954)
Q: When should arraignment be held?
A: Accused should be arraigned within 30 days
from the date the court acquires jurisdiction over
his person, unless a shorter period is provided for
by law. The time of the pendency of a motion to
quash or a bill of particulars or other causes
justifying suspension of arraignment shall be
excluded in computing the period. (Rule 116, Sec.
1[Q])
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Q: What are the instances where the law
provides a shorter period of time?
A:
1. When an accused is under preventive
detention, his case should be raffled within 3
days from filing and accused shall be arraigned
within 10 days from receipt by the judge of the
records of the case. [R.A. 8493 Speedy Trial
Act]
2. Where the complainant is about to depart from
the Philippines with no definite date of return,
the accused should be arraigned without delay.
[R.A. 4908]
3. Cases under R.A. 7610 (Child Abuse Act), the
trial shall be commenced within 3 days from
arraignment.
4. Cases under the Dangerous Drugs Act.
5. Cases under SC AO 104-96, i.e., heinous
crimes, violations of the Intellectual Property
Rights Law, these cases must be tried
continuously until terminated within 60 days
from commencement of the trial and to be
decided within 30 days from the submission of
the case.
Q: What is plea bargaining?
A: Plea Bargaining is the process whereby the
accused, the offended party and the prosecution
work out a mutually satisfactory disposition of the
case subject to the court’s approval. It usually
involves the defendant’s pleading guilty to a lesser
offense or to only one or some of the counts of a
multi-count indictment in return for a lighter
sentence than that for the graver charge. (Daan v.
Sandiganbayan, G.R. No. 163972-77, 2008)
NOTE: Acceptance of an offer to plead guilty is not
a demandable right but depends on the consent of
the offended party and the prosecutor. It is further
addressed to the sound discretion of the trial court.
(Estipona v. Lobrigo, G.R. No. 226679, 2017)
Q: Section 23 of the Comprehensive
Dangerous Drugs Act prohibits plea
bargaining in drugs cases. Is this valid?
A: NO. This is unconstitutional for being contrary
to the rule-making authority of the Supreme Court,
given that plea bargaining is a rule of procedure
which only the Supreme Court has the sole
prerogative to allow or disallow. (Estipona v.
Lobrigo, G.R. No. 226679, 2017)
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Q: When may accused enter a plea of guilty to
a lesser offense?
A:
1. Plea to Lesser Offense During Arraignm ent
During arraignment, the accused may enter a plea
of guilty to a lesser offense PROVIDED there is
consent of the offended party AND of the
prosecutor to the plea of guilty to a lesser offense
that is necessarily included in the offense charged.
The accused may also enter a plea of guilty to a
lesser offense if the offended party was notified
and did not appear in the arraignment of the
accused. (Rule 116, Sec. 2)
2. Plea to Lesser After Arraignment But Before
Trial. After arraignment but before trial, the
accused may still be allowed to plead guilty to a
lesser offense after withdrawing his previous plea
of not guilty. No amendment to the complaint or
information is necessary. (Rule 116, Sec. 2)
3. Plea to Lesser Offense after Trial Has Begun.
After the prosecution has rested its case, a change
of plea to a lesser offense may be granted by the
judge, 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. The judge cannot
on its own grant the change of plea. (People vs.
Kayanan, G.R. No. L-39355, 1978)
Q: What should the ruling on the motion to
plead guilty to a lesser offense contain?
A: The ruling on the motion must disclose the
strength and weaknesses of the prosecution’s
evidence. Absent any finding on the weight of the
evidence on hand, the judge’s acceptance of the
defendant’s change of plea is improper and
irregular. (Estipona v. Lobrigo, G.R. No. 226679,
2017)
Q: What should the court do when the accused
pleads guilty to a capital offense:
A:
1. Conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of the plea.
2. Require prosecution to present evidence to
prove the guilt and precise degree of culpability
of the accused.
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3. Ask the accused if he desires to present
evidence in his behalf and allow him to do so if
he desires. (Rule 116, Sec. 3)
Q: What are the grounds fo r suspension of
arraignment?
A:
1. There exists a prejudicial question
2. Accused appears to be suffering from an
unsound mental condition which renders him
unable to understand the charge against him
and to plead intelligently thereto.
3. There is a petition for review pending before the
DOJ or Office of the President, however the
period of suspension shall not exceed 60 days
counted from the filing of the petition for review.
While the pendency of a petition for review is a
ground for suspension of the arraignment, the
Rules on Criminal Procedure limits the deferment
of the arraignment to a period of 60 days reckoned
from the filing of the petition with the reviewing
office. It follows, therefore, that after the expiration
of said period, the trial court is bound to arraign the
accused or to deny the motion to defer
arraignment. The trial court has to set the date of
arraignment even before the lapse of 60 days.
(Aguinaldo vs. Ventus, G.R. No. 176033, 2015)
H. MOTION TO QUASH
Q: What are the grounds for a motion to
quash?
A:
L Facts charged do not constitute an offense
2. Court has no jurisdiction over offense charged
3. Court has no jurisdiction over the person of
the accused
4. Officer who filed the information had no
authority to do so
5. Does not conform substantially to the
prescribed form
6. More than one offense is charged except
when a single punishment for various offense
is prescribed by law
7. Criminal action or liability has been
extinguished by prescription
8. Contains averments w/c, if true, would
constitute a legal excuse or justification
9. Accused has been previously convicted or
acquitted of offense charged, or case has
been dismissed or otherwise terminated w/o
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the express consent of the accused (double If granted, dismissal If granted, is deemed
jeopardy). (Rule 117, Sec. 3) of the case will not an acquittal of the
necessarily follow accused
An affidavit of desistance or pardon is not a ground [See Sections 5 and 6
for the dismissal of an action, once it has been of this Rule, where
instituted in court. (People v. Salazar, G.R. No. another complaint or
181900, 2010) information may be
filed by order of the
Q: Is the personal examination of the court]
complainant and his witnesses by the judge If denied by grave If denied, shall not be
mandatory in finding probable cause fo r the abuse of discretion, reviewable by appeal
issuance of a warrant of arrest? Would lack of then certiorari or or certiorari before
this examination be a valid ground to quash prohibition lies judgment but may be
the warrant? reviewable via Rule 65
A: No. What the Constitution underscores is the (Choa v. Choa, G.R.
exclusive and personal responsibility of the issuing No. 143376.
judge to satisfy himself of the existence of November 26, 2002).
probable cause. In satisfying himself o f the
existence of probable cause fo r the issuance Q: Is the filing o f a Demurrer w ithout express
of a warrant of arrest, the judge is not required leave o f court a waiver of the accused’s right
to personally examine the complainant and his to present evidence?
witnesses. A: “When the accused files such motion to dismiss
without express leave of court, he WAIVES the
Following established doctrine and procedure, he right to present evidence and submits the case for
shall: (1) personally evaluate the report and the judgment on the basis of the evidence for the
supporting documents submitted by the fiscal prosecution.” The RTC did not need to inquire into
regarding the existence of probable cause and, on the voluntariness and intelligence of the waiver, for
the basis thereof, issue a warrant of arrest; or (2) her opting to file her demurrer to evidence without
if on the basis thereof he finds no probable cause, first obtaining express leave of court effectively
he may disregard the fiscal's report and require the waived her right to present her evidence. (People
submission of supporting affidavits of witnesses to v. Cristobal, G.R. No. 159450, 2011)
aid him in arriving at a conclusion as to the
existence of probable cause. (Soliven v. Makasiar, Q: What is the primary test in deciding whether
G.R. No. 825885, November 14, 1988) a motion to quash must be sustained on the
ground that the complaint o r information
Q: Distinguish Motion to Quash from Demurrer charges no offense?
to Evidence. A: The fundamental test in determining whether a
A: motion to quash may be sustained based on this
MOTION TO QUASH DEMURRER TO ground is whether the facts alleged, if
EVIDENCE HYPOTHETICALLY ADMITTED, will establish the
Filed before the Filed after the essential elements of the offense as defined in the
defendant enters his prosecution has rested law. Extrinsic matters or evidence aliunde are not
plea its case considered. (Herminio Disini v. Sandiganbayan,
Does not require prior May be filed either w/ G.R. Nos. 169823-24, 2013)
leave of court or w/o leave of court
Based on matters Predicated upon Q: What is the effect o f sustaining a motion to
found on the matters outside of the quash?
complaint or complaint or A:
information information such as GROUNDS EFFECT
the evidence or lack of
it

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• Facts charged do not • Court may order A: A petition for certiorari is not the proper remedy
constitute an offense that another absent any showing of arbitrariness. The remedy
• Officer who filed the information be is for the movant to go to trial without prejudice to
information had no filed or an reiterating the defenses invoked in the motion to
authority to do so amendment quash, in case of conviction, he may appeal and
• It does not conform thereof be made assign as error the denial of the motion to quash.
substantially to the (Lailean v. Vergara, G.R. No. 108619, July 31,
prescribed form 1997)
• More than one offense
is charged Q: What are the requisites required to invoke
• Criminal action or • Court must double jeopardy?
liability has been state, in its A:
extinguished order granting 1. First jeopardy must have attached
• Averments would the motion, the a. Accused must have been convicted or
constitute a legal release of the acquitted, or the case against him was
excuse or justification accused if he is dismissed or terminated without his
in custody or the express consent
• Accused has been
previously convicted or cancellation of b. Made by a court of competent jurisdiction
acquitted of the offense his bond if he is
C. Valid complaint or information
charged on bail
d. Accused has been arraigned
• Court cannot
order a new 2. First jeopardy must have been validly
complaint or terminated
information 3. The second jeopardy must be for the same
• Court has no jurisdiction Court should offense or the second offense includes or is
over the offense remand or forward necessarily included in the offense charged in
the case to the the first information or is an attempt or
• Court has no jurisdiction
proper court, not frustration thereof. (Rule 117, Sec. 7)
over the person of the
accused to quash the
complaint or Q: What are the requisites of a provisional
information dismissal?
(Rule 117, Secs. 5-6) A:
1. Consent of the prosecutor
Q: What happens when the court 1) orders a 2. Consent of the accused;
new complaint or information to be filed and 2) 3. Notice to the offended party; and
does not order/orders but no new information 4. Public prosecutor is served with a copy of the
is filed? order of provisional dismissal. (Rule 117, Sec.
A:
8)
NOT ORDERED OR IF
ORDERED AND HAVING ORDERED, NO Q: Are there exceptions to the general rule on
MADE NEW INFORMATION IS provisional dismissals?
FILED A: Yes. The general rule provides that a criminal
The accused, if in The accused, if in custody, case that results to an acquittal with the consent or
custody, shall not shall be discharged unless upon motion of the accused will not constitute
be discharged he is also in custody for double jeopardy. The exceptions would include the
unless admitted another charge following:
to bail 1. Insufficiency of evidence
(Rule 117, Sec. 5) 2. Denial of the right to a speedy trial
(Philippine Savings Bank v. Bermoy, G.R.
Q: What is the remedy of the accused should No. 151912, September 26, 2005)
the motion to quash be denied?

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Q: When does the provisional dismissal
become permanent?
A: The provisional dismissal shall become
permanent if not revived within:
PERIOD OF NON
PENALTY
REVIVAL
If penalty is 6
years and below, 1 year after issuance of
or a fine of any order
amount, or both
If penalty 2 years after issuance of
exceeds 6 years order
One year shall start from the receipt of the
prosecutor of the order of provisional dismissal.
If no reinstatement is made within the period, the
accused can no longer be prosecuted. (Rule 117,
Sec. 8)
Q: When can the State revive a case
provisionally dismissed with consent of the
accused?
A: When a criminal case is provisionally dismissed
with the express consent of the accused, the case
may be revived by the State within the time
prescribed by the rules. There is no violation of
due process as long as the revival of a
provisionally dismissed complaint was made
within the time-bar provided under the law.
(Saldariega v. Panganiban, G.R. Nos. 211933 &
211960, 2015)
I. PRE-TRIAL
Q: Where is pre-trial mandatory?
A: It is mandatory in:
1. Sandiganbayan
2. Regional Trial Court
3. Metropolitan Trial Court, Municipal Trial Court
in Cities, Municipal Trial Court, Municipal
Circuit Trial Court (Rule 118, Sec. 1)
Q: What are the purposes of pre-trial?
A:
1. To simplify the issues
2. To shape up the testimonial and documentary
evidence
3. To clear the desks for trial
Pre-trial is not a mere technicality in court
proceedings for it serves a vital objective: the
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simplification, abbreviation, and expedition of trial,
if not indeed its dispensation. (Tolentino v. Heirs of
Laurel-Ascalon, G.R. No. 181368, 2012)
Q: What are the matters considered during pre­
trial?
A: The matters considered in a pre-trial are:
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
6. Such matters as will promote a fair and
expeditious trial of the criminal and civil aspects
of the case (Rule 118, Sec. 1)
All proceedings during the pre-trial shall be
recorded, the transcripts prepared and the minutes
signed by the parties and/or their counsels. (I-B[9],
A.M. No. 03-1-09-SC)
Q: Who is in charge of questioning in pre-trial?
A: During the pre-trial, the judge shall be the one
to ask questions on issues raised therein and all
questions must be directed to him to avoid
hostilities between parties. (I-B[7], A.M. No. 03-1-
09-SC)
| J. TRIAL |
|
Q: What are the instances when presence of
the accused is required by law?
A: Accused is required to be present during:
1. At arraignment and plea, whether of innocence
or of guilt;
2. During trial, whenever necessary for
identification purposes;
3. Whenever required by the court for purposes
of identification; and at
4. Promulgation of sentence. Exception: In light
offenses, when the accused may appear by
counsel or representative. (People v. De
Grano, G.R. No. 167710, 2009)
Q: Are modes of Discovery available to
Criminal Procedure?
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A: The Modes of Discovery under Rules 23 to 29 Q: Is a grant o f demurrer appealable?

do not apply to criminal procedure. The applicable A: In criminal cases, the grant of a demurrer is
provision is Sections 12 and 13 of Rule 119 tantamount to an acquittal and the dismissal order
may not be appealed because this would place the
Q: What is a demurrer to evidence? accused in double jeopardy. The dismissal order
A: A motion to dismiss filed by the accused after is not subject to appeal; however, it is still
the prosecution has rested its case; the grounds reviewable but only through certiorari under
being insufficiency of the evidence of the Rule 65 of the Rules o f Court. For the writ to
prosecution.(Sec, 23, Rule 119, Revised Rules of issue, the trial court must be shown to have acted
Criminal Procedure) with grave abuse of discretion amounting to lack
or excess of jurisdiction such as where the
Q: What is the effect of the denial of a demurrer prosecution was denied the opportunity to present
to evidence? its case or where the trial was a sham thus
A: rendering the assailed judgment void. The burden
W/ LEAVE OF W/O LEAVE OF is on the petitioner to clearly demonstrate that the
COURT trial court blatantly abused its authority to a point
COURT
so grave as to deprive it of its very power to
I Accused may still Accused waives the dispense justice. (People v. Sandiganbayan and
adduce evidence in his right to present Manuel Barcenas, G.R. 174504, 2011)
defense evidence and submits
the case for judgment Q: What are the requisites of a Trial in
Absentia?
(Rule 119, Sec. 23)
A: Requisites of a Trial in Absentia:
1. Accused has already been arraigned
Q: What is the difference of a demurrer to
2. Accused has been duly notified of the trial or
evidence in a civil case and a criminal case?
hearings
A:
3. Absence of the accused is unjustified (People
CIVIL CASE CRIMINAL CASE
v. Salas, 227 Phil. 152 [1986])
Based on plaintiffs Predicated upon
failure to prove his insufficiency of
Q: What are the requisites fo r an accused to be
entitlement to relief evidence
discharged to be a state witness?
Requires no prior May be filed w/ or w/o
A: The following elements must concur:
leave of court leave of court
1. There is absolute necessity for the testimony of
Defendant may still Accused may adduce the accused whose discharge is requested
adduce evidence if evidence only if the 2. No other direct evidence available for the
denied demurrer was filed w/ prosecution
leave of court 3. Testimony of said accused can be substantially
Plaintiff may appeal if No appeal if granted corroborated in its material points
granted, and if 4. Accused does not appear to be the most guilty;
reversed, defendant is AND
deemed to have 5. Accused has never been convicted of moral
waived his right to turpitude. (Rule 119, Sec. 17)
present his evidence
It is the defendant The court may, in its Q: What are the effects o f discharge of
who invokes a own initiative, dismiss accused as state witness?
demurrer by moving the action after giving A: Unless the accused fails or refuses to testify
for the dismissal of the the prosecution an against his co-accused in accordance w/ his sworn
case. The court does opportunity to be hear. statement constituting the basis for his discharge,
not do so in its own the discharge shall operate as:
initiative. 1. An acquittal on the case; AND
(Rule 119, Sec. 33) 2. A bar to future prosecution for the same
offense. (Rule 119, Sec. 18)

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Q: What is meant by “ absolute necessity” of were subsequently postponed due to his

the testimony of the accused as a condition to unavailability. On October 13, 2005, the private
be a state witness? prosecutor filed with the MTC a Motion to Take
A: Absolute necessity exists for the testimony of Oral Deposition of Mr J. Is Mr J’s deposition
valid?
an accused sought to be discharged when he or
A: (PERLAS-BERNABE): Nowhere in the said
she alone has knowledge of the crime. In more
rule (119) permits the taking of deposition (for the
concrete terms, necessity is not there when the
prosecution) outside the Philippines whether the
testimony would simply corroborate or otherwise
deponent is sick or not. Certainly, to take the
strengthen the prosecution’s evidence. The
deposition of the prosecution witness elsewhere
requirement of absolute necessity for the
and not before the very same court where the case
testimony of a state witness depends on the
is pending would not only deprive a detained
circumstances of each case regardless of the
accused of his right to attend the proceedings but
number of the participating conspirators. (Jimenez
also deprive the trial judge of the opportunity to
v. People, G.R. No. 209195, 2014)
observe the prosecution witness' deportment and
properly assess his credibility, which is especially
Q: What is meant by the “ accused does not
intolerable when the witness' testimony is crucial
appear to be most guilty” as a condition to be
to the prosecution's case against the accused. (Go
a state witness?
v. People, G.R No. 185527, 2012)
A: By jurisprudence, "most guilty" refers to the
highest degree of culpability in terms of
Q: Is assistance by counsel mandatory in
participation in the commission of the offense and
administrative cases?
does not necessarily mean the severity of the
A: There is no law, jurisprudence or rule which
penalty imposed. While all the accused may be
mandates that an employee should be assisted by
given the same penalty by reason of conspiracy,
counsel in an administrative case. On the contrary,
yet one may be considered to have lesser or the
jurisprudence is in unison in saying that assistance
least guilt taking into account his degree of
of counsel is not indispensable in administrative
participation in the commission of the offense.
proceedings. (Perez v. People, G.R. No. 164763,
(Jimenez v. People, G.R. No. 209195, 2014)
2008)
Q: What are covered by the right against self­
Q: Does the counsel de officio’s failure to
incrimination?
attend one court hearing constitute a violation
A: The constitutional right of an accused against
of the right of the accused to counsel?
self-incrimination proscribes the use of physical or
A: Not necessarily. In the case of Ibanez v.
moral compulsion to extort communications from
People, since the beginning of the proceedings in
the accused and not the inclusion of his body in
the trial court until the filing of the petition before
evidence when it may be material. Thus, cases
the Supreme Court, three counsel de oficio were
where non-testimonial compulsion has been
appointed to represent the accused. Their counsel
allowed reveal that the pieces of evidence
de oficio actively participated in the proceedings
obtained must be material to the principal cause of
before the trial court including the direct and cross-
the arrest. In one case, since the urine sample for
examination of the witnesses. The accused were
drug testing is immaterial to the charge of
duly represented by a counsel de oficio all
extortion, there is a violation against right to self­
throughout the proceedings except for one hearing
incrimination. The evidence is inadmissible. (Dela
when their court appointed lawyer was absent.
Cruz v. People, G.R. No. 200748, 2014)
Going by the records, there was no indication that
any of the counsel de oficio had been negligent in
Q: W, X, Y and Z were charged before the MTC
of Manila fo r Other Deceits . Upon arraignment, protecting the accused's interests. The counsel de
they pleaded not guilty to the charge. The, oficio kept on attending the trial court hearings in
prosecution's complaining witness, Mr J , a representation of the accused despite the latter's
frail old businessperson from Laos, Cambodia, unjustified absences. The Court was not
traveled from his home country back to the persuaded that the absence of the counsel de
Philippines in order to attend the hearing held oficio in one of the hearings of amounts to a denial
on September 9, 2004. However, trial dates of right to counsel. Nor does such absence warrant
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the nullification of the entire trial court proceedings b. Merely failed to prove guilt beyond
and the eventual invalidation of its ruling. (Ibanez reasonable doubt
v. People, G.R. No . 190798, 2016) 2. In either case, judgment shall determine if the
act or omission from which the civil liability
Q: Must the suspect be provided with a might arise did not exist (Rule 120, Sec. 2)
counsel during police line-ups?
A: The right to counsel attaches upon the start of Note that a verdict of acquittal is immediately final.
the custodial investigation, i.e., when the (People v. Serrano, G.R. No. 135451, 1999)
investigating officer starts to ask questions to elicit
information and/or confessions or admissions from Q: What are the rules on judgm ent fo r two or
the accused. Custodial investigation starts when more offenses charged in the complaint or
the police investigation is no longer a general information?
inquiry into an unsolved crime but has begun to A: Accused may file a motion to quash. If accused
focus on a particular suspect taken into custody by fails to object to it before trial, the accused is
the police who starts the interrogation and deemed to have waived the defect and the court
propounds questions to the person to elicit may convict him of as many offenses as charged
incriminating statements. Police line-up is not part and proved, and impose a penalty for each
of the custodial investigation; hence, the right to offense. (Rule 120, Section 3)
counsel guaranteed by the Constitution cannot yet
be invoked at this stage. (People v. Pepino, G.R. While Sec. 13 of Rule 110 frowns upon multiple
No. 174471, 2016) offenses being charged in a single information, the
failure to raise this issue during arraignment
K. JUDGMENT amounts to a waiver, and the objection can no
longer be raised on appeal. (Abalos v. People,
G.R. No. 136994, 2002)
Q: What are the contents of a judgment?
A:
Q: What is the rule for judgm ent in case of
a. Judgment of Conviction
variance between allegation and proof?
1. Legal qualification of the offense constituted by
A: General Rule: The accused may be convicted
the acts committed by the accused
only of the crime with which he is charged.
2. Aggravating and mitigating circumstances
3. Participation of the accused whether as
Exception: Rule on Variance. When there is
principal, accomplice or accessory
variance between the crime charged and the crime
4. Penalty imposed
proved, and the offense as charged is included or
5. Civil liability or damages, unless reserved or
necessarily includes offense proved, the accused
waived (Rule 120, Sec. 2)
shall be convicted of the offense proved which is
included in the offense charged, or of the offense
Well-entrenched in jurisprudence is the rule that
charged which is included in the offense proved.
the conviction of the accused must rest, not on the
(People v. Chi Chan Liu, G.R. No. 189272, 2015)
weakness of the defense, but on the strength of
the prosecution. The burden is on the prosecution
An offense charged necessarily includes the
to prove his innocence. (Chua v. Court of Appeals,
offense proved when some essential elements of
520 SCRA 729, 2007)
the former, as alleged in the complaint or
information, constitute the latter.
Judgment is not rendered defective just because
of the absence of a declaration of guilt beyond
An offense charged is necessarily included in the
reasonable doubt in the dispositive portion {O'
offense proved when the essential ingredients of
Aigle v. People, G.R. No. 174181, June 27, 2012).
the former constitute the latter.
b. Judgment of Acquittal
If there is variance, the accused can only be
1. State whether or not evidence of the
convicted of the lesser offense which is included in
prosecution:
a. Absolutely failed to prove guilt
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the graver offense. (People v. Pareja, G.R. No. promulgation of the decision in the presence
202122, 2014) o f Y and Z. SC reversed the acquittal and
reinstated the decision of the RTC. Is the
Q: When does a judgment become final? promulgation valid despite the absence of X, Y,
A: Judgment becomes final after: and Z?
1. Lapse of period for appeal A: Yes. There was no reason to postpone the
2. Sentence partially or totally served promulgation because the absence of X, Y, and Z
3. Accused waives in writing his right to appeal was unjustifiable, there was no abuse of discretion
4. Accused has applied for probation which could be attributed to the RTC in
promulgating the decision despite the absence of
Exception is when the death penalty is imposed. the accused. According to Administrative Circular
(Teodoro vs. Court of Appeals and People, G.R. No. 16-93, when the CA or SC affirmed the
No. 103174, 1996) decision of the lower courts, there is no more deed
to require convicts to appear before the trial courts
Q: What are the effects of the accused’s failure for promulgation of the affirmance or modification
to appear at the promulgation of judgment? by the SC or CA of judgments of conviction.
A: The accused who fails to appear at the (Almuete v. People, G.R. No. 179611, March 12,
promulgation of the judgment of conviction loses 2013, En Banc)
the remedies available under the Rules of Court
against the judgment, specifically: (a) the filing of | L. NEW TRIAL OR RECONSIDERATION |
a motion for new trial or for reconsideration (Rule
121), and (b) an appeal from the judgment of
Q: What are the grounds fo r new trial?
conviction (Rule 122).
A: A motion for new trial may be filed upon any
of the following grounds:
However, the Rules of Court permits him to regain
1. Errors of law during trial
his standing in court in order to avail himself of
2. Irregularities prejudicial to the substantial rights
these remedies within 15 days from the date of
of the accused during trial
promulgation of the judgment conditioned upon:
3. New and material evidence has been
(a) his surrender; and (b) his filing of a motion for
discovered
leave of court to avail himself of the remedies,
stating therein the reason for his absence. Should
NOTE: A new trial can be granted only
the trial court find that his absence was for a
1. On motion of the accused; or
justifiable cause, he should be allowed to avail
2. On motion of the court but with the consent of
himself of the remedies within 15 days from notice
the accused.
of the order finding his absence justified and
allowing him the available remedies from the
The rule does not provide for a motion for new trial
judgment of conviction (Rule 120, Sec. 6)
by the prosecution as the reopening of the case
(Salvador v. Chua, G.R. No. 212865, 2015)
would result in double jeopardy.
Q: X, Y, and Z were charged with violation of
Q: What are the grounds fo r reconsideration?
the Forestry Code of the Philippines. During
A: A motion for reconsideration may be filed
the date of promulgation of judgment, counsel
upon any of the following grounds:
o f X informed the court that X and Y were ill
1. Errors of law.
and Z was not notified of the scheduled
2. Errors of fact in the judgment.
promulgation, but court found their absence
inexcusable and proceeded to promulgate the
Note: Requires no further proceedings
decision as scheduled wherein they were
found guilty. Their bail bonds were cancelled
Q: When may a new trial be granted on the
and warrants of arrest were issued against
basis of newly discovered evidence?
them. X, Y, and Z questioned the validity of the
A: The following elements must concur
promulgation. CA granted the petition for
1. New evidence discovered after trial
certiorari and acquitted X, while ordered the re­

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2. It could not have been previously discovered
and produced at the trial even with reasonable
diligence
3. It is new and material evidence
4. If introduced and admitted, it would probably
change judgment (Ybiernas v. Tanco-
Gabaldon, G.R. No. 179825, 2011)
NOTE: A new trial may not be had on the basis
of evidence which was available during trial but
was not presented due to its negligence. (People
v. Senit, G.R. No. 192914, 2016)
Q: Does the Neypes Rule apply to criminal
cases?
A: YES. A party shall have a fresh period of 15
days to file a notice of appeal to the RTC from
receipt of the order denying a motion for new trial
or motion for reconsideration. (Neypes vs. CA,
G.R. No. 141524, 2005)
This rule applies in criminal cases under Section 6
of Rule 122 of the Revised Rules of Criminal
Procedure. (Yu vs. Tatad, G.R. No. 170979, 2011)
M . APPEAL
Q: W ho may appeal?
A: Any party may appeal from a judgment or final
order, unless the accused will be placed in double
jeopardy. Note that since the rule refers to “any
party,” the prosecution may appeal provided the
accused will not be placed in double jeopardy.
(Sec. 1, Rule 122, Revised Rules on Criminal
Procedure)
Q: Can the prosecution appeal a judgm ent of
acquittal?
A: The prosecution cannot appeal from a
judgment of acquittal because a verdict of that
nature is immediately final and to try him on the
merits, even in an appellate court, is to put him a
second time in jeopardy for the same offense.
(Central Bank of the Phils, v. CA, G.R. No. 41859,
1989)
Despite acquittal, however, either the offended
party or the accused may appeal, but only with
respect to the civil aspect of the decision. Or, said
judgment of acquittal may be assailed through a
petition for certiorari under Rule 65 of the Rules of
Court showing that the lower court, in acquitting
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the accused, committed not merely reversible
errors of judgment, but also exercised grave abuse
of discretion amounting to lack or excess of
jurisdiction, or a denial of due process, thereby
rendering the assailed judgment null and void.
(AAA v. CA, G.R. No. 183652, 2015)
Q: W hat happens when the accused appeal a
judgm ent?
A: In an appeal by an accused, he waives his right
not to be subject to double jeopardy. An appeal in
a criminal case opens the entire case for review on
any question including one not raised by the
parties. (People v. Reynaldo Torres, G.R. No.
189850, 2014)
Q: W hat is the effect of an appeal by any of
several accused?
A: 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 him.
Appeal of the offended party of the civil aspect
shall not affect the criminal aspect of the judgment
or order appealed from.
Upon perfection of appeal, the execution of
judgment or final order appealed from shall be
stayed as to the appealing party. (Rule 122, Sec.
11)
Q: In a robbery with homicide case, X is the
accused and was convicted by the trial court
with only murder for having failed to establish
his intent to rob the victim . On appeal, the CA
modified X ’s conviction to robbery with
homicide. He, now raises the defense that his
acquittal from the robbery charge should not
have been reviewed by the CA because he only
appealed his conviction fo r his m urder charge.
Did the CA commit any error in reviewing X ’s
conviction?
A: NO. In an appeal by an accused, he waives his
right not to be subject to double jeopardy. An
appeal in a criminal case opens the entire case for
review on any question including one not raised by
the parties. Thus, when X appealed the RTC’s
judgment of conviction for murder, he is deemed
to have abandoned his right to invoke the
prohibition on double jeopardy since it became the
duty of the CA to correct errors that may be found
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in the appealed judgment. (People v. Torres, G.R.
No. 189850, September 14, 2014)
N. SEARCH AND SEIZURE
Q: W hat is the nature of a 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.
(Rule 126, Sec. 1)
Q: How must be the place described in order
fo r a w arrant to be issued?
A: A description of a place to be searched is
sufficient if the officer with the warrant can, with
reasonable effort, ascertain and identify the place
intended and distinguish it from other places in the
community. Any designation or description known
to the locality that points out the place to the
exclusion of all others, and on inquiry leads the
officers unerringly to it, satisfies the constitutional
requirement. (Laud v. People, G.R. No. 199032,
2014)

Q: When does a search warrant particularly

Q: Is an application for a search warrant a
describe the things to be seized?
criminal action?
A:
A: No. A warrant such as a warrant of arrest or a
The description therein is as specific as the
search warrant merely constitutes process. It is in
circumstances will ordinarily allow (People v.
the nature of a criminal process askin to a writ of
Rubio, 57 Phil. 384, 1932)
discovery. It is a speacial and peculiar remedy,
drastic in its nature, and made necessary because
The description expresses a conclusion of fact- not
of a public necessity.
of law- by which the warrant officer may be guided
in making the search and seizure (idem., dissent
In American jurisdictions, from which we have
of Abad Santos, J.) or
taken our jural concept and provisions on search
warrants, such warrant is definitively considered
Things described are limited to those which bear
merely as a process, generally issued byt a court
direct relation to the offense for which the warrant
in the exercise of its ancilliary jurisdiction.
is being issued. (Sec. 2, Rule 126, Revised Rules
(Pilipinas Shell Petroleum Corp., et al. v. Romars
of Court; Laud v. People, G.R. No. 199032, 2014)
International Gases., G.R. No. 189669, 2015)
Q: W here is the application for search warrant
Q: W hen can a search w arrant or w arrant of
filed?
arrest be issued?
A: General Rule: Before any court w/in whose
A: No search warrant or warrant of arrest shall
territorial jurisdiction a crime was committed. (De
issue except upon probable cause to be
Joya v. Marquez, citing Regalado, Remedial Law
determined personally by the judge after
Compendium, Vol. 1, pp. 7-9; Sps. Marimla v.
examination under oath or affirmation of the
People, G.R. No. 158467, 2009)
complainant and the witnesses he may produce,
and particularly describing the place to be
Exception/s:
searched and the persons or things to be seized.
1. Before any court w/in the judicial region where
(Phil. Const, art. Ill, § 2)
the crime was committed if the place of the
crime is known. (A.M. No. 00-5-03-SC as cited
Q: W hat are the purposes o f the constitutional
in Sps. Marimla v. People, G.R. No. 158467,
provision against unlawful searches and
2009)
seizure?
2. Before any court w/in the judicial region where
A: To prevent the officers of the law from violating
private security in person and property and illegally the warrant shall be enforced. (A.M. No. 00-5-
03-SC as cited in Sps. Marimla v. People, G.R.
invading the sanctitu of the home; and give
No. 158467, 2009)
remedy against such usurpations when attempted
or committed. (PLDT v. Razon, G.R. No. 179408,
Note: In both exceptions, filing in such courts
2014)
requires compelling reasons stated in the
application.

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3. Application shall be made only in the court
where the criminal action is pending, if criminal
action has already been filed. (Sec. 2, Rule
126, Revised Rules of Criminal Procedure)
Q: W hat are the exceptions in the Search
W arrant requirement?
A: Search warrant is not required in the following
instances:
1. Search incidental to lawful arrest
2. Seizure of evidence in “plain view”
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and frisk (Terry searches)
7. Checkpoints
8. Exigent and emergency circumstances
9. Search of vessels and aircraft
10.Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations (People v. Bacla-an Lapitaje, G.R.
No. 132042, February 19, 2003)
Q: Is omission of the People of the Philippines
in a petition for certiorari questioning the
issuance of a search warrant a fatal defect?
A: The omission of the People of the Philippines
from the petition was fatal. A search warrant is not
similar to a criminal action but is rather a legal
process that may be likened to a writ of discovery
employed by no less than the State to procure
relevant evidence of a crime. In that respect, it is
an instrument or tool, issued under the State’s
police power, and this is the reason why it must
issue in the name of the People of the Philippines.
If one wishes to contest the finding of probable
cause or any other aspect of the issuance of the
search warrant, then he must implead the entity
who in legal contemplation made the finding and
in whose name the finding was made; otherwise,
there can be no final determination of the case
because the party indispensable to its resolution
had been omitted. (Te v. Breva, G.R. No. 164974,
2015)
Q: W hat’s the procedure to be observed in
terms of custody and disposition of illegal
drugs?
A: Section 21 of R.A 9165
1. Inventory and photograph
a. In the presence of the accused and counsel
or his representative
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b. In the presence of representative of media,
DOJ
c. In the presence of elected official, who shall
sign and be given a copy thereof
d. In case a warrant has been issued:
e. This shall be done in the place where the
warrant was presented
f. In case of warrantless seizure:
• In the nearest police station
• Office of the apprehending team,
whichever is more practicable
• NOTE: failure to comply with this
requirement shall not make void seizure
provided. There is justifiable reason
provided that the integrity and
evidentiary value of the seized materials
are preserved
2. Submission to PDA forensic laboratory within
24 hours
3. Certification (quality and quantity) within 24
hours
4. Filing of case in court
a. If big amount/quantity, initial report shall be
given to be followed within 24 hours with the
complete report
5. Ocular inspection (72 hours from filing)
6. PDEA to burn/destroy the seized items leaving
aside a representative sample (24 hours from
ocular inspection)
a. In the presence of accused or
representative or counsel
b. In the presence of representative of media,
DOJ, and civil society
c. In the presence of elected official
7. Sworn certification of the burning/destroying
8. Submission of certificate with court
a. In case there’s no person apprehended, or no
case filed, must be burnt immediately
9. Promulgation leave of court PDEA
(representative sample to be burned 24 hours
from receipt)
10. After conviction, hearing on forfeiture assets
disproportionate to lawful income
11 Proceeds applied to expenses of proceedings
excess for the campaign against drug
12.DDB shall be notified of the termination of the
case
Q: What’s the doctrine laid down in People v.
Romy Lim?
A: In order to weed out early on from the courts’
already congested docket any orchestrated or
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poorly built drug-related cases, the following
should henceforth be enforced as a mandatory
policy -
1. In the sworn statements/affidavits, the
apprehending/seizing officers must state their
compliance with the requirements of Section
21 (1) of RA No. 9165, as amended and its IRR.
2. In case of non-observance of the provision, the
apprehending/ seizing officers must state the
justification or explanation therefor as well as
the steps they have taken in order topreserve
the integrity and evidentiary value of the
seized/ confiscated items.
3. If there is no justification or explanation
expressly declared in the sworn statements or
affidavits, the investigation fiscal mustnot
immediately file the case before the court.
Instead, he or she must refer the case for
further preliminary investigation inorder to
determine the (non) existence of probably
cause.
4. If the investigating fiscal filed the case despite
such absence, the court may exercise its
discretion to either refuse to issue a
commitment order (or warrant of arrest) or
dismiss the caseoutright for lack of probable
cause in accordance with Section 5, Rule 112,
Rules of Court. (People v. Romy Lim G.R. No.
231989, September 04, 2018)
O. PROVISIONAL REMEDIES
Q: W hat are the provisional remedies available
to criminal cases?
A: These are:
1. Attachment (Rule 57)
2. Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support pendent lite (Rule 61)
To avail of a provisional remedy in a criminal
action, it must be one with a corresponding civil
liability, which must be one arising from the
offense charged. If the civil action has been
waived, reserved, or instituted separately, a
provisional remedy may not be availed of in the
criminal action. Instead, the provisional remedy
should be applied for in the separate civil action
instituted. (Rule 127, Sec. 1)
Q: W hen is attachm ent proper?
A:
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1. Accused is about to abscond from the
Philippines;
2. Criminal action is based on a claim of money or
property embezzled or fraudulently misapplied
or converted;
3. When the accused has concealed, removed, or
disposed of his property, or is about to do so;
and
4. When the accused resides outside the
Philippines. (Rule 127, Sec. 2)
Note that under R.A. 9208, in cases of trafficking
in persons, the court may motu proplo issue
attachment and injunction.
P. REVISED GUIDELINES ON
CONTINUOUS TRIAL
Q: To w hat cases does the Revised
Guidelines apply?
A: The Revised Guidelines shall apply to all:
a. Newly-filed criminal cases including those
governed by Specila Law and Rules in the
First and Second Level Courts, the
Sandiganbayan and the CTA as of Sept 1,
2017.
b. Pending criminal cases with respect to the
remainder of the proceedings.
Q: What motions are prohibited?
A: These motions shall be denied outright before
the scheduled arraignment without need of
comment and/ or opposition. The following shall be
denied outright:
a. Motion for judicial determination of probable
cause.
b. Motion for Preliminary Investigation
c. Motion for Reinvestigation
d. Motion to Quash Informatio when the ground is
not one of those stated in Sec. 3, Rule 117.
e. Motion for Bill of Particulars
f. Motion to Suspend Arraignment
g. Petition to Suspend Criminal Action on the
ground of prejudicial question, when no civil
case has been filed.
h. Motion for Postpontment unless the ground are
based on acts of God, Force Majeure, or
physical inability of the witness to appear and
testify then said motion will be allowed.
Q: What are meritorious motions?
A: Motions that allege plausible grounds
supported by relevant documents and/ or
competent evidence:
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a. Motion to withdraw information, or to
downgrade the charge in the original or to
exclude an accused originally charged.
b. Motion to quash warrant of arrest;
c. Motion to suspend arraignment on the ground
of an unsound mental condition
d. Motion to suspend proceedings on the ground
of a prejudicial question where a civil case was
filed prior to the criminal case.
e. Motion to quash information on the grounds
that the facts charged do not constitute an
offense, lack of jurisdiction, extinction of
criminal action or liability, or double jeopardy.
f. Motion to discharge accused as a state witness
g. Motion to disnuss on the ground that the
criminal case is a Strategic Lawsuit Against
Public Participation (SLAPP) in eveironmental
cases.
Q: W hat are the rules for arraignment and pre­
trial?
A: Once the court has acquired jurisdiction over
the person of the accused, the arraignment of the
accused and the pre-trial shall be set:
a. Within 10 calendar days from date of the court’s
receipt of the case for a detained accused
b. Within 30 calendar days from the date the court
acquires jurisdiction (either by arrest or
voluntary surrender) over a non-detained
accused
i. Unless a shorter period is provided by
special law or Supreme Court circular.
c. Notice of Arraignment and Pre-Trial shall be
sent to to the:
i. Accused
ii. Counsel of accused
iii. Private Complainant or complaining law
enforcement
iv. Public Prosecutor
v. Witnesses whose names appear in the
information.
d. Waiver of Reading of information may be
allowed upon the full understanding and
express consent of the accused and his
counsel
Q: W hat are the rules during arraignment
proper?
A:
a. Plea Bargaining Except in Drug Cases. - If the
accused desires to enter a plea of guilty to a
lesser offense, plea bargaining should
immediately proceed, provided that the private
offended party in private crimes or the arresting
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officer in victimless crimes, is present to give
his conformity to the plea bargaining.
Thereafter, judgment shall immediately be
rendered in the same proceedings
i. Sec. 23 of R.A. No. 9165 of the
Comprehensive Dangerous Drugs Act of
2002 which prohibits plea-bargaining in
drugs cases is unconstitutional for being
contrary to the rule-making authority of the
Supreme Court, given that plea bargaining
is a rule of procedure which only the
Supreme Court has the sole prerogative to
allow or disallow. (Estipona v. Lobrigo, G.R.
No. 226679., 2017
b. Plea of Guilty to the Crime Charged in the
Information. - If the accused pleads guilty to
the crime charged in the Information, judgment
shall immediately be rendered, except in those
cases involving capital offenses.
c. Where No Plea Bargaining or Plea of Guilty
Takes Place. - If the accused does not enter a
plea of guilty, whether to a lesser offense or the
offense charged in the Information, the court
shall immediately proceed with the arraignment
of the accused and, thereafter, indicate the pre­
trial and trial dates in the Order.
d. The schedule of the pre-trial and trial dates for
both the prosecution and the defense should
be within the periods provided in the Regular
Rules/Special Rules. The trial dates may be
shortened depending on the number of
witnesses to be presented. In this regard, a
flowchart shall be prepared by the court which
shall serve as the final schedule of hearings.
Q: What are the rules in the conduct o f Pre-
Trial?
A:
a. The court shall proceed with the pre-trial
despite the absence of the accused and/or
private complainant provided they were duly
notified of the same, and the counsel for the
accused, as well as the public prosecutor, are
present
b. Stipulations:
i. Shall be done with the active participation of
the court itself and shall not be left alone to
the counsels
ii. The court shall require the parties to enter
into stipulations on the subject of both direct
and cross-examinations of witnesses who
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have no personal knowledge of the material
facts constituting the crimes
c. Marking of evidence. — The documentary
evidence of the prosecution and the accused
shall be marked
Q: W hat are the rules for ball?
A:
a. Petition for bail filed after the filed of the
Information shall be set for summary hearing
after arraignment and pre-trial. Testimony of a
witness in petition for bail may be in the form
allowed by subheading III, item no. 11, par. b
(Form of Testimony) of the Revised Guidelines,
provided that the demeanor of the witness is
not essential in determining his/her credibility
b. Petition for bail shall be heard and resolved
within a non-extendible period of 30 calendar
days from date of the first hearing, except in
drug cases which shall be heard and resolved
within 20 calendar days, without need of oral
argument and submission of memoranda,
consistent with the summary nature of the
proceedings.
i. Motion for reconsideration on the resolution
of petition for bail shall be resolved within a
non-extendible period of 10 calendar days
from date of submission of the motion
Q: W hat are the rules fo r dem urrer to
evidence?
A: After the prosecution has rested its case, the
court shall inquire from the accused if he/she
desires to move for leave of court to file a demurrer
to evidence, or to proceed with the presentation of
his/her evidence
a. If the accused orally moves for leave of court to
file a demurrer to evidence, the court shall
orally resolve the same. If the motion for leave
is denied, the court shall issue an order for the
accused to present and terminate his/her
evidence on the dates previously scheduled
and agreed upon, and to orally offer and rest
his/her case on the day his/her last witness is
presented
b. If despite the denial of the motion for leave, the
accused insists on filing the demurrer to
evidence, the previously scheduled dates for
the accused to present evidence shall be
cancelled
i. The demurrer to evidence shall be filed
within a non-extendible period of 10
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calendar days from the date leave of court
is granted, and the corresponding comment
shall be filed within a non-extendible period
of 10 calendar days counted from date of
receipt of the demurrer to evidence,
ii. The demurrer shall be resolved by the court
within a non-extendible period of 30
calendar days from date of the filing of the
comment or lapse of the 10-day period to
file the same.
| Q. THE RULE ON CYBERCRIM E W ARRANTS |
Q: W here to File an Application fo r a W arrant?
A: An application for a warrant under this Rule
concerning a violation of Section 4 (Cybercrime
Offenses) and/or Section 5 (Other Offenses),
Chapter II of RA 10175 shall be filed by the law
enforcement authorities before any of the
designated cybercrime courts of the province or
the city where the offense or any of its elements
has been committed, is being committed, or is
about to be committed, or where any part of the
computer system used is situated, or where any of
the damage caused to a natural or juridical person
took place (Sec. 2.2, 17-11-03-SC).
However, the cybercrime courts in Quezon City,
the City of Manila, Makati City, Pasig City, Cebu
City, Iloilo City, Davao City and Cagayan De Oro
City shall have the special authority to act on
applications and issue warrants which shall be
enforceable nationwide and outside the
Philippines (Sec. 2.2, 17-11-03-SC)..
On the other hand, an application for a warrant
under this Rule for violation of Section 6, Chapter
II of RA 10175 (all crimes defined and penalized
by the Revised Penal Code, as amended, and
other special laws, if committed by, through, and
with the use of ICT) shall be filed by the law
enforcement authorities with the regular or other
specialized regional trial courts, as the case may
be, within its territorial jurisdiction in the places
above-described (Sec. 2.2, 17-11-03-SC).
Q: W hat happens to incidents related to the
warrant when a criminal action is instituted?
A: Once a criminal action is instituted, a motion to
quash and other incidents that relate to the warrant
shall be heard and resolved by the court that
subsequently acquired jurisdiction over the
criminal action. The prosecution has the duty to
move for the transmittal of the records, as well as
the transfer of the items' custody to the latter court,
which procedure is set forth in Section 7.2 of this
Rule (Sec. 2.3, 17-11-03-SC).
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Q: How can extraterritorial service of warrants
and other court processes be made?
A: For persons or service providers situated
outside of the Philippines, service of warrants
and/or other court processes shall be coursed
through the Department of Justice - Office of
Cybercrime, in line with all relevant international
instruments and/or agreements on the matter
(Sec. 2.8, 17-11-03-SC).
Q: W hat are the rules on the preservation of
computer data?
A: Pursuant to Section 13, Chapter IV o f R A
10175, the integrity o f traffic data and subscriber's
information shall be kept, retained, and preserved
by a service provider for a minimum period of six
(6) months from the date of the transaction. On the
other hand, content data shall be preserved for six
(6) months from the date of receipt of the order
from law enforcement authorities requiring its
preservation (Sec. 3.1, 17-11-03-SC).
Law enforcement authorities may order a one-time
extension for another six (6) months: Provided,
that once computer data that is preserved,
transmitted or stored by a service provider is used
as evidence in a case, the receipt by the service
provider of a copy of the transmittal document to
the Office of the Prosecutor shall be deemed a
notification to preserve the computer data until the
final termination of the case and/or as ordered by
the court, as the case maybe (Sec. 3.1, 17-11-03-
SC).
The service provider ordered to preserve
computer data shall keep the order and its
compliance therewith confidential (Sec. 3.1, 17-
11-03-SC).
Q: What are the rules on disclosure of
computer data?
A: Pursuant to Section 14, Chapter IV of RA
10175, law enforcement authorities, upon
securing a Warrant to Disclose Computer Data
(WDCD) under this Rule, shall issue an order
requiring any person or service provider to
disclose or submit subscriber's information, traffic
data or relevant data in his/her or its possession or
control within seventy-two (72) hours from receipt
of the order in relation to a valid complaint officially
docketed and assigned for investigation and the
disclosure is necessary and relevant for the
purpose of investigation . (Sec. 4 ,1 ,17-11-03-SC).
Q: What are the contents of application for a
WDCD?
A: The verified application for a WDCD, as well as
the supporting affidavits, shall state the following
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essential facts:
1. The probable offense involved;
2. Relevance and necessity of the computer data
or subscriber's information sought to be
disclosed for the purpose of the investigation;
3. Names of the individuals or entities whose
computer data or subscriber's information are
sought to be disclosed, including the names of
the individuals or entities who have control,
possession or access thereto, if available;
4. Particular description of the computer data or
subscriber's information sought to be
disclosed;
5. Place where the disclosure of computer data or
subscriber's information is to be enforced, if
available;
6. Manner or method by which the disclosure of
the computer data or subscriber's information
is to be carried out, if available; and
7. Other relevant information that will persuade
the court that there is a probable cause to issue
a WDCD (Sec. 4.3, 17-11-03-SC).
Q: W hat is “Interception of Com puter Data?
A: Interception, as defined under Section 3 (m),
Chapter I of RA 10175, may be carried out only by
virtue of a court issued warrant, duly applied for by
law enforcement authorities (Sec. 5.1, 17-11-03-
SC).
Q: W hat are the contents o f application fo r a
W SSECD?
A: The verified application for a WSSECD, as well
as the supporting affidavits, shall state the
essential facts similar to those in Section 4.3 of this
Rule, except that the subject matter is the
computer data sought to be searched, seized, and
examined, and all other items related thereto. In
addition, the application shall contain an
explanation of the search and seizure strategy to
be implemented, including a projection of whether
or not an off-site or on-site search will be
conducted, taking into account the nature of the
computer data involved, the computer or computer
system's security features, and/or other relevant
circumstances, if such information is available
(Sec. 6.2, 17-11-03-SC).
Q: W hat are the allowable activities during the
implementation of the WSSECD?
A: Pursuant to Section 15, Chapter IV of RA
10175, the interception of communications and
computer data may be conducted during the
implementation of the WSSECD: P ro vid e d that
the interception activities shall only be limited to
communications and computer data that are
reasonably related to the subject matter of the
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WSSECD; and that the said activities are fully said law, service providers and law enforcement
disclosed, and the foregoing relation duly authorities, as the case may be, shall immediately
explained in the initial return (Sec. 6.5, 17-11-03- and completely destroy the computer data subject
SC).. of preservation and examination (Sec. 7.1, 17-11-
Likewise, law enforcement authorities may order 03-SC).
any person, who has knowledge about the
functioning ofthe computer system and the
measures to protect and preserve the computer
data therein, to provide, as is reasonable, the
necessary information to enable the undertaking of
the search, seizure and examination (Sec. 6.5,17-
11-03-SC).

Q: W hen should the court issue an order fixing

the period to conclude the exam ination?
A: After the initial return is submitted to the court
pursuant to the WSSECD, the court shall issue an
order fixing the period to conclude the examination
of all the items seized, which period may be
extended not exceeding thirty (30) days, upon
motion, for justifiable reasons (Sec. 6.7,17-11-03-
SC).

1. Final Return on the WSSECD - Within forty-

eight (48) hours after the expiration of the period
to examine as provided under Section 6.7 of this
Rule, the authorized law enforcement officers shall
submit a final return on the WSSECD to the court
that issued it, and simultaneously turn-over the
custody ofthe seized computer data, as well as all
other items seized and/or the communications or
computer data intercepted in relation thereto,
following the procedure under Section 7.1 of this
Rule (Sec. 6.8, 17-11-03-SC).
It is the duty ofthe issuing judge to ascertain if the
final return has been made, and if none, to
summon the law enforcement officer to whom the
WSSECD was issued and require him to explain
why no final return was made, without prejudice to
any action for contempt as provided under Section
2.6 of this Rule.

2. Deposit and Custody of Seized Computer

Data - upon the filing of the return for a WDCD or
WICD, or the final return for a WSSECD or WECD,
all computer data subject thereof shall be
simultaneously deposited in a sealed package with
the same court that issued the warrant. It shall be
accompanied by a complete and verified inventory
of all the other items seized in relation thereto, and
by the affidavit ofthe duly authorized law
enforcement officer (Sec. 7.1, 17-11-03-SC).

3. Duty of Service Providers and Law

Enforcement Authorities to Destroy - Pursuant
to Section 17 of RA 10175, upon expiration ofthe
periods as provided in Sections 13 and 15 ofthe

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VIII. RULES ON EVIDENCE [ PROOF EVIDENCE

The result or the
probative effect of
A. GENERAL CONCEPTS evidence. When the
The medium or
requisite quantum of
Q: Explain the concept of evidence. means by which a fact
evidence of a
A: EVIDENCE is the means sanctioned by the is proved or
particular fact has
Rules of Court, ascertaining in a judicial disproved.
been duly admitted
proceeding the truth respecting a matter of fact and given weight, the
(Rule 128, Sec. 1) result is called the
proof of such fact.
Q: What are not covered under the Rules on
Evidence? Q: Distinguish between Factum Probans and
A: [NICOLE] Factum Probandum.
1. Naturalization Proceedings A:
2. Insolvency Proceedings FACTUM FACTUM
3. Cadastral Proceedings PROBANS PROBANDUM
4. Other cases as may be provided for by law The probative or
5. Land Registration Cases evidentiary fact
6. Election Cases (Rule 1, Sec. 4) tending to prove the
fact in issue or the The ultimate fact to be
Q: When do the Rules on Evidence apply? FACTUM proved or proposition
A: The rules on evidence, being part of the Rules PROBANDUM. It is to be established.
of Court, apply only to judicial (as opposed to the material
administrative or quasi-judicial) proceedings. evidencing the
proposition.________
In quasi-judicial proceedings, the Rules on
Evidence shall not apply except by analogy or in a G: What is the “ Burden of P roof?
suppletory character and whenever practicable A: Burden of proof is the duty of a party to present
and convenient. (Ferrer v. Carganillo, G.R. No. evidence on the facts in issue necessary to
170956, May 12, 2010) establish his claim or defense by the amount of
evidence required by law. (Rule 131, Sec. 1).
Q: What are the rules on waiver of the Rules on
Evidence? Q: Upon whom does the Burden of Proof Rest?
A: When an otherwise objectionable piece of A:
evidence is not objected to, the evidence becomes 1. In CIVIL CASES - the plaintiff has the burden of
admissible because of a waiver. However, when proof to show the truth of his allegations, IF the
the waiver amounts to a transgression of the law, defendant raises a negative defense. However, IF
principles of morality, good customs and public the defendant raises an affirmative defense on the
policy or when the rights of third persons are complaint of the plaintiff, the burden of proof rests
violated, then there can be no waiver. upon him. (Far East Bank Trust Company v.
Chante, G.R. No. 170598, October 9, 2013)
Q: Distinguish between Proof and Evidence.
A: 2. In CRIMINAL CASES - The burden of proof as
to the guilt of the accused must be borne by
prosecution, by reason of presumption of
innocence. The exception to this rule are cases
where the accused pleads self-defense or other
justifiable defenses, in which case, the accused
has the burden of proving the existence of the
defense. (People v. Campos et. al, G.R. No.
176061, July 4, 2011)
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Q: What is the rule when the accused is not
brought to trial within the time lim it set by law?
A: Under the Speedy Trial Act, if the accused was
NOT brought to trial within the time required, the
information shall be dismissed on the motion of the
accused.
The accused shall have the burden of proof of
supporting such motion BUT the prosecution shall
have the burden of going forward with the
evidence in connection with the exclusion of time
under this Act. (R.A. No. 8483, Sec. 13)
Q: What the degree o f proof required for
successful prosecution?
A:
1. In Civil Cases - preponderance of evidence is
required. (Rule 133, Sec. 1)
2. In Criminal Cases -
a) To sustain conviction - Evidence of guilt
beyond reasonable doubt
b) Preliminary investigation - probable cause -
engenders a well-founded belief of the fact
of the commission of a crime.
c) Issuance of warrant of arrest- Probable
cause (i.e., that there is reasonable ground
to believe that a criminal offense has been
committed and that the accused committed
the offense). (Rule 133, Sec. 2)
3. In Administrative Cases - Substantial
evidence. (Rule 133, Sec. 5)
Q: What is the Hierarchy o f Evidence?
A:
1. Proof beyond reasonable doubt
2. Clear and convincing evidence
3. Preponderance of evidence
4. Substantial evidence (Rule 133, Secs. 1-5)
Q: Distinguish Burden o f Proof vs. Burden of
Evidence.
A:
BURDEN OF PROOF BURDEN OF
EVIDENCE
Obligation of a party to Duty of a party to go
present evidence on forward with the
the facts in issue evidence to overthrow
necessary to establish any prima facie
his claim or defense by presumption against
the amount of him
evidence required by
law
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The burden of proof is Generally determined
fixed by the pleadings by the developments
of the trial or by
provisions of
substantive law or
procedural rules
which may relieve the
party from presenting
evidence on the facts
alleged.
Does not generally May shift from one
shift during the course side to the other as
of the trial. trial unfolds.
(Bautista v. Sarmiento, G.R. No. L-45137,
September 23, 1985)
Q: What is the principle of Negative
Averments?
A: Negative Allegations need not be proved,
whether in a civil or criminal action.
Exception: When such negative allegations are
essential parts of the cause of action or defense in
a civil case or are essential ingredients of the
offense in a criminal case or defenses thereto.
(see People v. Yang, G.R. No. 148077, 2004)
Exception to the exception:
In CRIMINAL CASES, if the subject of a negative
averment inheres to the offense as an essential
ingredient thereof, the prosecution has the burden
of proving the same. In view, however, of the
difficult office of proving a negative allegation, the
prosecution, under such circumstance, needs to
do no more than make a prima facie case from the
best evidence obtainable. For example, in a case
for illegal possession of firearms, the prosecution
has to present a certification from the Firearms
and Explosives Division of the Philippine National
Police that the accused is not licensed to carry a
firearm outside of his or her residence. (People v.
Quebral, G.R. No. 46094, 1939)
Q: What is the Equipoise Rule?
A: Where the evidence gives rise to two
probabilities, one consistent with defendant’s
innocence, and another indicative of his guilt, that
which is favorable to the accused should be
considered. (People v. Erguiza, G.R. No. 171348,
2008)
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B. ADMISSIBILITY OF EVIDENCE
Q: What is curative admissibility?
A: When a party is allowed to present inadmissible
Q: What are the requisites for adm issibility of
evidence over the objection of the opposing party,
evidence?
such opposing party may be allowed to introduce
A:
otherwise inadmissible evidence to contradict the
1. Relevant - Relevant to the issue
previously admitted inadmissible evidence and to
2. Competent - Not excluded by the Rules on
remove any prejudice caused by its admission.
Evidence, the law and the Constitution (Rule
128, Sec. 3)
Q: Distinguish between Direct and
Circumstantial Evidence.
Q: Distinguish between Adm issibility and
A:
Weight of Evidence.
A: DIRECT CIRCUMSTANTIAL
EVIDENCE EVIDENCE
ADMISSIBILITY WEIGHT
Evidence that
Refers to the question Refers to the
That which proves indirectly proves a fact
of whether or not the question of whether
the fact in dispute in issue through an
evidence is to be or not the evidence
without the aid of any inference which the
considered at all proves an issue
inference or fact finder draws from
Pertains to its
Pertains to its presumption. the evidence
tendency to
relevance and established._________
convince and
competence Example: Witness
persuade
testified that he saw
Depends on the
the accused with blood
Depends on logic and guidelines provided
on his shirt and hands
the law in Rule 133 and
and running from the
jurisprudence
scene of the crime
(Tating v. Marcella, G.R. No. 15508, 2007) Example: Witness
where the victim was
saw the accused
lying dead. The next
Q: What are the components of relevant inflict a blow which
day, the accused was
evidence? caused the victim’s
nowhere to be found in
A: death
his place of residence.
1. Material - evidence offered upon a matter
Taken altogether,
properly in issue. It is directed towards a fact within
inference of guilt can
the range of allowable controversy.
be drawn that the
2. Probative - tendency of evidence to establish
accused killed the
the proposition that it is offered to prove.
victim.
Q: What is multiple admissibility?
Q: Distinguish between Positive and Negative
A: When a proffered evidence is admissible for
Evidence.
two or more purposes. It may be admissible for
A:
one purpose but inadmissible for another or vice
versa. It may also mean that it may be admissible
against one party but not against another.

Q: What is conditional admissibility?

A: When a piece of evidence appears to be
relevant as it is connected with other pieces of
evidence not yet offered or proved, such piece of
evidence may be conditionally admitted subject to
the condition that its relevancy and competency be
established at a later time. If the condition is not
met, the evidence should be rejected.
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POSITIVE NEGATIVE Q: What is the Exclusionary Rule?

EVIDENCE EVIDENCE A: Commonly used for evidence excluded by the
When the witness Constitution. It is applied to cases where the
affirms that a fact did challenged evidence is quite clearly direct or
occur. Such evidence When the witness primary in its relationship to the prior arrest or
is entitled to greater states that an event search. (Herrera, Remedial Law Vol V, 37)
weight since the did not occur or that
witness represents of the state of facts Q: Give some exclusionary rules.
his or her personal alleged to exist does A:
knowledge the not actually exist. 1. 1987 Constitution
presence or absence • Section 2 The right of the people to be
of a fact. secure in their persons, houses, papers,
Example: X said he and effects against unreasonable
drank liquor. Y says X searches and seizures of whatever nature
did not. and for any purpose shall be inviolable,
and no search warrant or warrant of arrest
Note: They have the Example: Y said that shall issue except upon probable cause to
same weight because he does not know that be determined personally by the judge
they are both positive. X drank liquor. after examination under oath or
It is different from Y affirmation of the complainant and the
saying that he does witnesses he may produce, and
not know that X drank particularly describing the place to be
liquor. searched and the persons or things to be
seized.
Q: Distinguish between Competent and • Section 3 (1) The privacy of
Credible Evidence. communication and correspondence shall
A: be inviolable except upon lawful order of
COMPETENT CREDIBLE 1 the court, or when public safety or order
EVIDENCE EVIDENCE I requires otherwise, as prescribed by law.
When evidence is not (2) Any evidence obtained in violation of
One that is not only admissible this or the preceding section shall be
excluded by the evidence but is inadmissible for any purpose in any
Rules, statutes or believable and used proceeding.
Constitution. by the court in • Section 12 (1) Any person under
deciding a case. investigation for the commission of an
offense shall have the right to be informed
Q: What is Circumstantial Evidence? of his right to remain silent and to have
A: Evidence that indirectly proves a fact in issue competent and independent counsel
through an inference which the fact finder draws preferably of his own choice. If the person
from the evidence established. cannot afford the services of counsel, he
must be provided with one. These rights
(PERLAS-BERNABE) Circumstantial evidence is cannot be waived except in writing and in
sufficient for conviction if: the presence of counsel. (2) No torture,
(a) There is more than one circumstance; force, violence, threat, intimidation, or any
(b) The facts from which the inferences are other means which vitiate the free will
derived are proven; and shall be used against him. Secret
(c) The combination of all the circumstances detention places, solitary,
is such as to produce a conviction beyond incommunicado, or other similar forms of
reasonable doubt. (Candelaria v. People detention are prohibited. (3) Any
of the Philippines, G.R. No. 209386, confession or admission obtained in
December 8, 2014.)). violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
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(4) The law shall provide for penal and civil
sanctions for violations of this section as
well as compensation to and rehabilitation
of victims of torture or similar practices,
and their families.
• Section 17 No person shall be compelled
to be a witness against himself.
2. Section 201, Tax Reform Act of 1997 - A
document required by law to be stamped shall not
be admitted or used in evidence until the requisite
stamps are affixed thereto.
3. R.A. 1405, Law on Secrecy of Bank Deposits:
All deposits of whatever nature are absolutely
confidential and may not be examined, inquired,
looked into except upon written permission of the
depositor, or in cases of impeachment, or upon
order of a competent court in cases of bribery or
dereliction of duty of public officials or in cases
where the money is the subject matter of litigation
4. R.A. 4200, Wire-Tapping Act - Any
communication or spoken word or the existence,
contents, substance or any information contained
therein secured in violation of the Act shall not be
admissible in evidence in any judicial, quasi­
judicial, legislative or administrative hearing or
investigation.
5. R.A. 9372, Human Security Act - Any listened
to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken
or written words, or any part or parts thereof, or
any information or fact contained therein, including
their existence, content, substance, purport,
effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act,
shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi­
judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
6. R.A. 9745, Anti-Torture Act - Any confession,
admission or statement obtained as a result of
torture shall be inadmissible in evidence in any
proceedings, except if the same is used as
evidence against a person or persons accused of
committing torture.
7. A.M. 02-6-02-SC, Confidentiality Rule in
Adoption Cases - All hearings in adoption cases,
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after compliance with the jurisdictional
requirements shall be confidential and shall not be
open to the public. All records, books and papers
relating to the adoption cases in the files of the
court, the Department, or any other agency or
institution participating in the adoption
proceedings shall be kept strictly confidential.
8. R.A. 9285, Alternative Dispute Resolution
Act of 2004 - Information obtained through
mediation proceedings shall be subject to the
following principles and guidelines:
(a) Information obtained through mediation shall
be privileged and confidential.
(b) A party, a mediator, or a nonparty participant
may refuse to disclose and may prevent any other
person from disclosing a mediation
communication.
(c) Confidential Information shall not be subject to
discovery and shall be inadmissible in any
adversarial proceeding, whether judicial or quasi­
judicial, However, evidence or information that is
otherwise admissible or subject to discovery does
not become inadmissible or protected from
discovery solely by reason of its use in a
mediation.
(d) In such an adversarial proceeding, the
following persons involved or previously involved
in a mediation may not be compelled to disclose
confidential information obtained during
mediation: (1) the parties to the dispute; (2) the
mediator or mediators; (3) the counsel for the
parties; (4) the nonparty participants; (5) any
persons hired or engaged in connection with the
mediation as secretary, stenographer, clerk or
assistant; and (6) any other person who obtains or
possesses confidential information by reason of
his/her profession.
(e) The protections of this Act shall continue to
apply even of a mediator is found to have failed to
act impartially.
(f) a mediator may not be called to testify to provide
information gathered in mediation. A mediator who
is wrongfully subpoenaed shall be reimbursed the
full cost of his attorney's fees and related
expenses.
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9. R.A. 8505, Rape Victim Assistance and
Protection Act of 1998
In prosecutions for rape, evidence of
complainant's past sexual conduct, opinion thereof
or of his/her reputation shall not be admitted
unless, and only to the extent that the court finds,
that such evidence is material and relevant to the
case. (Section 6)
Q: What is JUDICIAL NOTICE?
A: It is cognizance of certain facts which judges
may properly take and act on without proof
because they already know them.
Q: When is Judicial Notice Mandatory?
A:
1. Existence and territorial extent of states
2. Their political history, Forms of government
and symbols of nationality,
3. The law of nations
4. The admiralty and maritime courts of the world
and their seals
5. The political constitution and history of the
Philippines,
6. The official acts of legislative, executive and
judicial departments of the Philippines,
7. The laws of nature,
8. The measure of time
9. The geographical divisions (Rule 129, Sec. 1)
Q: When is Judicial Notice Discretionary?
A:
1. The mailer is one of public or common
knowledge
2. The matter must be capable of unquestionable
demonstration
3. The matter is one that is ought to be known to
judges because of their judicial functions. (Rule
129, Sec. 2)
Q: What is the rule on Judicial Notice of
records of other cases?
A: General Rule: Courts are not authorized to
take judicial notice of the contents of the records
of other cases, even when such have been tried or
are pending in the same court and with the same
judge.
Exceptions:
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• A party clearly makes reference to the records
of another case and there is no objection by
the other party;
• Judicial notice is at the request or with the
consent of the parties; or
• The original or part of the records of the case
are actually withdrawn from the archives and
are admitted as part of the record of the case
pending.
Q: Respondent B filed with the MTC an
application fo r original registration of a parcel
of land in Batangas. To support its claim that
the land formed part o f the alienable and
disposable land of the public domain, one of
the documents that Respondent B presented
was a certification issued by the Department of
Environment and Natural Resources (DENR)
stating that the land is within the alienable and
disposable zone, based on DENR
Administrative Order (DAO) No. 97-37. The
certified photocopies of DAO 97-37 were also
presented. The MTC granted the registration,
as it took judicial notice, due to the absence of
the legal custodian of DENR’s official records,
of the authenticity of DAO 97-37 based on a
previous land registration case filed by
Respondent B involving a different parcel of
land decided by the same MTC, handled by the
same Government Prosecutor, and the
represented by the same counsel for
Respondent B. Petitioner A argues that the
MTC should not have taken Judicial notice of
the record of other cases even when the said
other cases have been heard or pending in the
same court. Was the MTC correct in taking
judicial notice of such?
A: (PERLAS-BERNABE) Yes. Under the law,
judicial notice is the cognizance of certain facts
which judges may properly take and act on without
proof because they already know them. As a
general rule, the courts are not authorized to take
judicial notice of the contents of the records of
other cases, even when such cases have been
tried or are pending in the same court, and
notwithstanding the fact that both cases may have
been tried or are actually pending before the same
judge. However, this rule is subject to the
exception that in the absence of objection and as
a matter of convenience to all parties, a court may
properly treat all or any part of the original record
of the case filed in its archives as read into the
records of a case pending before it, when with the
knowledge of the opposing party, reference is
ATENEO CENTRAL
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made to it, by name and number or in some other
manner by which it is sufficiently designated. In
this case, Petitioner B did not object, and satisfied
himself that the copy was presented and duly
certified. Therefore, the MTC was correct in taking
judicial notice of such. (Republic vs. Science Park
of the Philippines, G.R. No. 237714, November 12,
2018.)
Q: Distinguish between Mandatory and
Discretionary Judicial Notice?
A:
MANDATORY DISCRETIONARY
JUDICIAL NOTICE JUDICIAL NOTICE
Court is compelled to
Court not compelled
take judicial notice
At the court’s own
By own initiative of
initiative or on request
the court
of any of the parties
No hearing Hearing required
Q: What are Judicial Admissions?
A: Admissions, verbal or written, made by a party
in the course of the proceedings in the same case.
(Rule 129, Sec. 4)
Q: What are the elements of Judicial
Admissions? (PPP)
A:
1. Must be made by a party to a case; and
2. Must be made in the course of the proceedings
in the same case.
3. No particular form is required, thus a judicial
admission may be verbal or written.
NOTE: Judicial admissions may be made by either
a party or his counsel. (Adolfo v. Adolfo, G.R. No.
201427, 2015)
Q: What is the effect of 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. (Rule 128, Sec. 4)
Q: How may judicial admissions may be
contradicted?
A:
General Rule: A judicial admission is conclusive
upon the party making it and does not require
proof
Exceptions: Judicial admissions may be
contradicted ONLY by showing that:
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1. The admission was made through PALPABLE
MISTAKE
2. NO ADMISSION was made. (Rule 129, Sec. 4)
Q: What are the effects of admissions made in
pleadings?
A: Such admissions cannot be controverted by the
party making such admission and are conclusive
as to such party. (Sps. Noynay vs. Citihomes
Builder and Development, Inc., G.R. No. 204160,
2014)
Q: X filed a complaint fo r sum of money and
damages against A, a domestic corporation,
and Y, its President/CEO due to A and Y’s
failure to pay X his rightful commissions fo r
serving as marketing consultant. A and Y
argued in their Answer that they did not have
an employer-employee relationship with X. The
RTC ruled in favor o f X and ordered A and Y to
pay X solidarily. A and Y appealed to the CA
and this time argues that NLRC instead should
have jurisdiction over the case because such
deals with a monetary dispute arising from an
employer-employee relationship. The CA
affirmed the RTC ruling on solidary liability but
ruled that A and Y’s arguments on jurisdiction
constitute new case theory which cannot be
introduced fo r the first time on appeal. Is the
CA correct?
A: (PERLAS-BERNABE) Yes. As a rule, a party
who deliberately adopts a certain theory upon
which the case is tried and decided by the lower
court, will not be permitted to change theory on
appeal. Points of law, theories, issues and
arguments not brought to the attention of the lower
court need not be, and ordinarily will not be,
considered by a reviewing court, as these cannot
be raised for the first time at such late stage. It
would be unfair to the adverse party who would
have no opportunity to present further evidence
material to the new theory, which it could have
done had it been aware of it at the time of the
hearing before the trial court. A and Y’s statements
in their Answer constitute judicial admissions,
which are legally binding on them. (Mactan Rock
Industries v. Germo, G.R. No. 228799, January
10, 2018
Q: What is the effect when a pleading
superseded or amended?
A: Pleadings that are superseded or amended
“disappear” from the record and any admissions
made in such pleadings cease to be judicial
admissions. In order that any statement contained
therein may be considered as evidence, a party
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should formally offer the superseded or amended resignation. Estrada did not object to the
pleading in evidence. (Lucido v. Calupitan, G.R. suggested option but simply said he could never
No. L-8200, 1914) leave the country. His silence on this and other
related suggestions can be taken as an admission
Q: What are the remedies of a Party Who Gave by him. (Estrada v. Deslerto, G.R. Nos. 146710-
a Judicial Admission?
15, 2001)
A:
1. Motion to Withdraw: for written judicial
admissions, by filing a motion to withdraw the Q: What are the rules on judicial notice of
pleadings, motion or other written instrument foreign laws?
containing such admission; or by moving that A: Courts cannot take judicial notice of foreign
such admission be deemed withdrawn or laws. Foreign laws have to be proved like any
disregarded due to palpable mistake. other fact. (Del Socorro v. Van Wilsem, G.R.
2. Motion fo r Exclusion: for oral judicial 193707, 2014)
admissions, counsel in open court may move
for the exclusion of such admission due to Exceptions:
palpable mistake.
1. When the said laws are already within the
actual knowledge of the court, such as when
Q: What are Extra-Judicial Admissions? they are well and generally known or they have
A: Those made out of court, or in a judicial been actually ruled upon in other cases before
proceeding other than the one under it and none of the parties concerned do not
consideration. claim otherwise. (PCIB v. Escolin, G.R. Nos. L-
27860 and L-27896, 1974)
Q: What is the difference between admissions 2. A published treatise, periodical or pamphlet on
in pre-trial in civil and criminal cases? a subject of history, law, science, or art is
A: admissible as tending to prove the truth of a
PRE-TRIAL IN CIVIL PRE-TRIAL IN matter stated therein if the court takes judicial
CASES CRIMINAL CASES notice, or a witness expert in the subject
Admissions in pre-trial, testifies, that the writer of the statement in
as well as those made the treatise, periodical or pamphlet is
[The admission] must recognized in his profession or calling as
during the depositions,
be: expert in the subject. (Rule 130, Sec. 46) For
interrogatories or
(1) reduced in writina example, courts can cite the treatise of
requests for admission
and Wigmore on Evidence without need of
are deemed judicial
(2) signed by both the testimony from a witness.
admissions since they
accused and counsel
are made in the course
of the proceedings of Q: How are foreign laws proved?
the case A: A written foreign law maybe proved by:
• An official publication; or
Q: What is adoptive admission? • A copy attested by the officer having legal
A: An adoptive admission is a party’s reaction to a custody of the record, or by his deputy.
statement or action by another person when it is
reasonable to treat the party’s reaction as an If the record is not kept in the Philippines, the
admission of something stated or implied by the proponent of the foreign law must also submit a
other person. The basis for admissibility of certificate that such officer has the custody of the
admissions made vicariously is that arising from record. The certificate may be made by any of the
the ratification or adoption by the party of the following officers and must be authenticated by
statements which the other person had made. In the seal of his office:
the Angara Diary, Estrada’s options started to o Secretary of the embassy or legation

dwindle when the armed forces withdrew its o Consul general

support. Thus, Executive Secretary Angara had to o Consul

ask Senate President Pimentel to advise petitioner o Vice consul

to consider the option of dignified exit or o Consular agent

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o Any officer in the foreign service of the
Philippines stationed in the foreign country in
which the record is kept. (Rule 130, Sec. 24)
Q: What is the doctrine of processual
presumption?
A: If the foreign law is not properly proved, the
foreign law is presumed to be the same as the law
in the Philippines (Northwest Orient Airlines v.
Court of Appeals, G.R. No. 112573, 1995)
Q: What is a 'Presumption’?
A: It is an assumption of fact resulting from a rule
of law which requires such fact to be assumed
from another fact found or otherwise established
in the action. (Estate of Honorio Poblador, Jr. v.
Manzano, G.R. No. 192391, 2017)
Q: What are the Effects of Presumptions?
A: A party in whose favor the legal presumption
exists may invoke such presumption to establish a
fact in issue and need not introduce evidence to
prove the fact for the presumption is prima facie
proof of the fact presumed. (Diesel Construction
Co. v. UPSI Property Holdings Inc., G.R. No.
154937, 2008)
A presumption shifts the burden o f evidence or
the burden of going forward with the evidence. It
imposes on the party against whom it is directed
the burden of going forward with evidence to meet
or rebut the presumption. However, it does not
shift the burden of proof. (REGALADO, p.819)
Q: How can PRESUMPTION JURIS be further
divided?
A:
Conclusive Presumption (juris et de jure) -
inferences which the law makes so peremptory
that it will not allow them to be overturned by
any contrary proof however strong. (Rule 131,
Sec. 2)
Disputable Presumption - presumptions are
satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence.
(Rule 131, Sec. 3)
Q: What are examples of conclusive
presumptions?
A:
1. Estoppel in pais
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2. Estoppel against tenant (Rule 131, Sec. 2)
Q: What are some relevant examples of
disputable presumptions?
A:
1. Presumption of innocence
2. A person takes ordinary care of his concerns
3. Possession of stolen goods means you are the
thief
4. A person acting in a public office was regularly
appointed or elected to it
5. An official duty has been regularly performed
(presumption of regularity)
6. Ordinary course of business has been followed
7. Private transactions have been done with
regularity and fairly.
8. Evidence willfully suppressed would be
adverse if produced.
Q: What is Proof Beyond Reasonable Doubt?
A: Proof beyond reasonable doubt does not mean
such a degree of proof as excluding the possibility
of error, produces absolute certainty.
Moral certainty only is required, or that degree of
proof which produces conviction in an
unprejudiced mind. (Rule 133, Sec. 2)
Q: What is Preponderance of Evidence?
A: It does not mean absolute truth; rather, it means
that the testimony of one side is more believable
than that of the other side, and that the probability
of truth is on one side than on the other. (Rivera v.
Court of Appeals, G.R. No. 115625, 1998)
Q: What is Substantial Evidence?
A: In cases filed before administrative and quasi­
judicial bodies, a fact may be deemed established
if it is supported by substantial evidence.
Substantial evidence is that amount of relevant
evidence which a reasonable mind might accept
as adequate to justify a conclusion. (Rule 133,
Sec. 5)
Q: What is Clear and Convincing Evidence?
A: Evidence is clear and convincing if it produces
in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be
established. (Black’s Law Dictionary, 5th ed.f 596)
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This is a greater burden than preponderance of 4. The object must be formally offered in
evidence, the standard applied in most civil trials, evidence. (Riano)
but less than evidence beyond a reasonable
doubt, the norm for criminal trials. (Black’s Law Q: What are the categories of object evidence?
Dictionary, 8th ed., 596) A:
1. UNIQUE OBJECTS - objects that have readily
The rule is that charges of misconduct against identifiable marks, e.g., a gun with a serial
judges should be proven by clear and convincing number.
evidence, otherwise they should be dismissed. 2. OBJECTS MADE UNIQUE - objects with no
(Pesole v. Rodriguez, A.M. No. 755-MJ, 1978) unique characteristics but are made readily
identifiable, e.g., a typical kitchen knife with
Q: How can these different types of quantum identifying marks placed on it by the witness.
of evidence be summarized? 3. NON-UNIQUE OBJECTS - Objects with no
A: identifying marks and cannot be marked, e.g.
QUANTUM OF narcotic substances. A proponent offering
FOR WHICH CASES
EVIDENCE i! evidence which falls under the third category
Proof Beyond must establish a chain of custody. (People v.
Reasonable Doubt Criminal cases Bardaje, G.R. No. L-29271, 1980).
(Rule 133, Sec. 2)
Clear and Convincing Q: What are Demonstrative Evidence?
Evidence Extradition cases A: Demonstrative evidence is not the actual thing
(Gov’t of HK v. Olalia, Charges filed against but it is referred to as “demonstrative” because it
G.R. No. 153675, judges and justices represents or demonstrates the real thing. It is not
2007) strictly “real” evidence because it is not the very
Preponderance of thing involved in the case. (Riano, pp.189-190)
Evidence Civil cases
(Rule 133, Sec. 1) Q: When can an object or scene be viewed?
Administrative Cases, A: When an object is relevant to the fact in issue,
Substantial Evidence it may be exhibited to, examined or viewed by the
Quasi-Judicial Bodies,
(Rule 133, Sec. 5) court. (Rule 130, Sec. 1)
Writ of Amparo

A place or scene can fall under the classification

C.OBJECT EVIDENCE
Q: What is the nature of Object Evidence?
A: Objects as evidence are those addressed to the
senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined
or viewed by the court. (Rule 130, Sec. 1)
It refers to the real thing itself and it consists of
tangible things, not merely perceptions of the
witness and a recollection of those perceptions.
Q: What are the requisites for adm issibility of
Object Evidence?
A:
1. The object must be relevant to the fact in issue;
2. The object must be authenticated before it is
admitted;
3. The authentication must be made by a
competent witness;
of object evidence. The court has to go to the
object if the object cannot be produced in court
due to its immovability or the difficulty or
inconvenience in removing it and producing it in
court.
D. DOCUMENTARY EVIDENCE
Q: What is Documentary Evidence?
A: Documents as evidence consists of writings or
any material containing letters, words, numbers,
figures, symbols or other modes of written
expression offered as proof of their contents.
Q: What are the requisites for Adm issibility of
documentary evidence?
A: To be admissible, documentary evidence, like
any other evidence, must be relevant and
competent. It is also subject to general

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exclusionary rules such as the rule on hearsay,
best evidence rule, and parol evidence rule.
Q: What is the Best Evidence Rule?
A: General Rule: The original document must be
produced.
Exceptions:
1. When the original has been lost or destroyed,
or cannot be produced in court, without bad
faith on the part of the offeror;
2. 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;
3. 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
4. When the original is a public record in the
custody of a public officer or is recorded in a
public office. (Rule 130, Sec.3)
Q: When does the Best Evidence Rule apply?
A: The best evidence rule applies only when the
subject of the inquiry is the contents of a
document. The rule requires that the original of the
writing must be produced. It is also known as the
“original document rule” or the “primary evidence”
rule. (National Power Corporation v. Codilla, G.R.
No. 170491, 2007)
Q: What are the exceptions to the Best
Evidence Rule?
A:
1. When the original has been lost or destroyed, or
cannot be produced in court, without bad faith
on the part of the offeror;
2. 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;
3. 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
4. When the original is a public record in the
custody of a public officer or is recorded in a
public office. (Rule 130, Sec. 3)
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Q: XYZ Bank filed a Complaint fo r Sum of
Money against A, alleging that A failed to its
obligation XYZ Bank allegedly received a
notice that the subject check given by A was
dishonored due to "amount altered", as
evidenced by (1) an electronic mail (e-mail)
advice and (2) a photocopy of the subject
check with a notation "endorsement
cancelled" as the original copy of the subject
check was allegedly confiscated by the
government of the United States of America
(US government). Was CA correct in reversing
the RTC and dismissing the case because BPI
failed to prove the dishonor o f the subject
check since (a) the presentation of a mere
photocopy of the subject check is in violation
of the Best Evidence Rule; and (b) the e-mail
advice from Bankers Trust was not properly
authenticated In accordance with the Rules on
Electronic Evidence as the person who sent
the e-mail advice was neither identified nor
presented in court?
A: (PERLAS-BERNABE) Yes. Anent the subject
check, while the Best Evidence Rule under
Section 3, Rule 130 of the Rules of Court states
that generally, the original copy of the document
must be presented whenever the content of the
document is under inquiry, the rule admits of
certain exceptions, such as “[wjhen the original
has been lost or destroyed, or cannot be produced
in court, without bad faith on the part of the
offeror.” In order to fall under the aforesaid
exception, it is crucial that the offeror proves: (a)
the existence or due execution of the original; (b)
the loss and destruction of the original, or the
reason for its nonproduction in court; and (c) the
absence of bad faith on the part of the offeror to
which the unavailability of the original can be
attributed. In this case (1) the existence or due
execution of the subject check was admitted by
both parties, (2) the reason for the non­
presentation of the original copy of the subject
check was justifiable as it was confiscated by the
US government for being an altered check. The
subject check, being a US Treasury Warrant, is not
an ordinary check, and practically speaking, the
same could not be easily obtained and (3) absent
any proof to the contrary and for the reasons
already stated, no bad faith can be attributed to
BPI for its failure to present the original of the
subject check. Thus, applying the exception to the
Best Evidence Rule, the presentation of the
photocopy of the subject check as secondary
evidence was permissible. (Bank of the Philippine
Islands v. Mendoza, G.R. No. 198799, March 20,
2017)
ATEMEO CENTRAL
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Q: What effect arises in case the proponent
fails to adduce the original documents?
A: The non-production of the original document by
an accused unless justified under the exceptions
gives rise to the presumption of suppression of
evidence adverse to him. (Vallarta v. CA, G.R. No.
36543, 1988)
Q: What is an original document?
A:
1. The original of a document is one the contents
of which are the subject of inquiry.
2. When a document is in two or more copies,
executed at or about the same time, with
identical contents, all such copies are equally
regarded as originals.
3. When an entry is repeated in the regular
course of business, one being copied from
another at or near the time of the transaction,
all entries are likewise equally regarded as
originals. (Rule 130, Sec. 4)
Q: When may secondary evidence be admitted
when original is lost, destroyed or cannot be
produced in court?
A:
1. Proof of the existence and the due execution
of the original;
2. Loss, destruction or unavailability of all such
originals;
3. Reasonable diligence and good faith in the
search for or attempt to produce the original.
(Rule 130, Sec. 5)
NOTE: the correct order of proof is as follows-
existence, execution, loss, and contents (EELC)
(MCMP Construction vs. Monark, G.R. No. 20100,
2014).
Q: What facts must be shown by the party
offering Secondary Evidence when original is
under the adverse party’s custody or control?
A:
1. The adverse party’s custody or control of the
original document;
2. That reasonable notice was given to the
adverse party who has the custody or control
of the document;
3. Satisfactory proof of its existence;
4. Failure or refusal by the adverse party to
produce it in court. (Rule 130, Sec. 6)
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Q: What is the order by which presentation of
secondary evidence for lost or unavailable
originals be done?
A:
1. A copy of the document;
2. Recital of its contents in an authentic
document;
3. The recollection or testimony of the witnesses.
(Rule 130, Sec. 5)
Q: What must be shown in order for the
testimony regarding the original document be
admissible?
A:
1. The original was read by him or read to him by
another person;
2. He reads the copy; and
3. Finds that the latter corresponds with what was
read to him.
Q: How do you prove the contents of an
Authentic Document?
A: In proving the contents of the original in some
authentic document, it is sufficient if it appears in a
private document which is proved to be authentic.
Q: What happens in case the documents
sought to be presented are too voluminous
and only the general result is sought?
A: There is no need to present the original where
the documents are too voluminous. Secondary
evidence may consist of a summary of the
voluminous documents or records. The
voluminous records must, however, be made
accessible to the adverse party so that the
correctness of the summary may be tested on
cross-examination. (Rule 130, Sec. 3[d])
Q: What evidence is admissible in case the
original document is a public record?
A: Secondary evidence may consist of a Certified
True Copy issued by the public officer in custody
thereof. (Rule 130, Sec. 7)
Q: Is a party calling for the production o f a
document bound to offer it?
A: No. Production of papers or documents upon
the trial, pursuant to a notice duly served, does not
make such papers or documents evidence. It is
not until the party who demanded the production
of the papers examines them and offers them in
ATENEQ CENTRAL
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evidence that they assume the status of
evidentiary matter. (Rule 130, Sec. 8)
Q: Can the Best Evidence Rule be waived?
A: Yes, If there is no timely objection to a
document on the ground that it violates the Best
Evidence Rule, the secondary evidence will be
admitted. Evidence is the means, sanctioned by
these rules, of ascertaining in a judicial
proceeding the truth representing a matter of fact.
(Rule 128, Sec. 1)
Q: To what type of proceedings and actions do
the REE apply?
A: The Rules apply to civil actions and
proceedings, as well as quasi-judicial and
administrative cases. (REE, Rule 1, Sec. 2) It has
also been held that they apply to criminal actions.
(People v. Enojas, G.R. No. 204894, 2014)
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.
(REE, Rule 2, Sec. 1(h))
Q: What is an electronic data message?
A: It is information generated, sent, received or
stored by electronic, optical, or similar means.
(REE, Rule 2, Sec. 1(g))
For purposes of the REE, the term “electronic
document” may be used interchangeably with
electronic data message.” (REE, Rule 2, Sec 1(h))
Q: What is the “ functional equivalent” principle
in relation to electronic evidence?
A: The REE provides that electronic evidence is
deemed to be the functional equivalent of paper
based documents. As such, 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. (REE, Rule 3, Sec. 1)
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Q: When is an electronic document
admissible?
A: An electronic document is admissible in
evidence if:
1. It complies with the rules on admissibility
prescribed by the Rules of Court and related
laws; and
2. It is authenticated in the manner prescribed by
these Rules. (REE, Rule 3, Sec. 2)
Q: What is the Best Evidence Rule under the
REE?
A: 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. (REE, Rule 4, Sec. 1)
Q: When is a copy or duplicate o f a document
regarded as original under the REE?
A: When -
1. It is in two or more copies executed at or about
the same time with identical contents; or
2. It is a counterpart produced by the same
impression as the original, or from the same
matrix, or by mechanical or electronic re­
recording, or by chemical reproduction, or by
other equivalent techniques which accurately
reproduces the original
Such copies or duplicates shall be regarded as the
equivalent of the original. (REE, Rule 4, Sec. 2)
Q: When are copies or duplicates not
admissible to the same extent as the original?
A: They are not admissible to the same extent as
the original if:
1. A genuine question is raised as to the
authenticity of the original; or
2. In the circumstances, it would be unjust or
inequitable to admit the copy in lieu of the
original. (REE, Rule 4, Sec. 2)
Q: How is the adm issibility and evidentiary
weight o f an electronic document established?
A: All matters relating to the admissibility and
evidentiary weight of an electronic document may
be established by an affidavit stating facts of:
1. direct personal knowledge of the affiant; or
2. based on authentic records
ATENEO CENTRAL
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The affidavit must affirmatively show the 4. The existence of other terms agreed to by the
competence of the affiant to testify on the matters parties or their successors in interest after the
contained therein. (REE, Rule 9, Sec. 1) execution of the written agreement.
(Rebusquillo vs. Galvez, G.R. No. 204029,
Q: What must be done before a private 2014)
electronic document offered as authentic is
received in evidence? Q: When does the Parol Evidence rule apply?
A: Before any private electronic document offered A:
as authentic is received in evidence, its 1. Existence of a valid contract;
authenticity must be proved. (REE, Rule 5, Sec. 2) 2. The terms of the agreement must be in writing.
This may refer to either public or private writing;
Q: How are private electronic documents 3. The dispute is between parties and their
authenticated? successors in interest; and/or
A: By any of the following means: 4. There is dispute as to the terms of the
1. By evidence that it had been digitally signed by agreement with the party basing his claim or
the person purported to have signed the same; asserting a right originating in the instrument or
2. By evidence that other appropriate security the relation established thereby.
procedures or devices as may be authorized by
the Supreme Court or by law for authentication Q: Distinguish between the Parol Evidence and
of electronic documents were applied to the Best Evidence Rule.
document; or A:
3. By other evidence showing its integrity and Best Evidence
Parol Evidence Rule
reliability to the satisfaction of the Judge. (REE, Rule
Rule 5, Sec. 2) Establishes a
It presupposes that the preference for the
Q: Is there such a thing as electronic original document is original document
notarization? available in court over secondary
A: Yes. A document electronically notarized in evidence thereof.
accordance with the rules promulgated by the Precludes the
Supreme Court shall be considered as a public admission of other
document and proved as a notarial document Precludes the
evidence to prove the
under the Rules of Court. (REE, Rule 5, Sec. 3) admission of
terms of a document
secondary evidence
other than the contents
Q: What is Parol Evidence? if the original
of the document itself
A: Any evidence aliunde (extraneous evidence), document is
for the purpose of
available.
whether oral or written, which is intended or tends varying the terms of the
to vary or contradict a complete and enforceable writing.
agreement embodied in a document. (Rule 130, Can be invoked by
Sec. 9) Can be invoked only by any litigant to an
the parties to the action whether or not
Q: What are the exceptions to the Parol document and their i said litigant is a party
Evidence rule? successors-in-interest. j to the document
A: A party may present evidence to modify, I involved.
explain or add to the terms of the written Applies to written
agreement if he puts in issue in his pleading any agreements Applies to all forms
of the following: (contracts), including of writings
1. An intrinsic ambiguity, mistake or imperfection wills.
in the written agreement; When the subject of When the subject of
2. The failure of the written agreement to express the inquiry is the terms the inquiry is the
the true intent and agreement of the parties of the agreement, one contents of a writing,
thereto; must, as a rule, read he must look at the
3. The validity of the written agreement; or the agreement itself original writing. This
PAGE 125 OF 152
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and not seek guidance is the best evidence
on sources outside the rule.
writing. Sources
outside the writing are
considered parol
evidence, and are
inadmissible.
Q: What is Authentication?
A: Process of proving the due execution and
genuineness of the document.
in order to be admissible in evidence, the object
sought to be offered must authenticated, that is, it
must be shown to have been the very thing that is
the subject matter of the lawsuit or the very one
involved to prove an issue in the case.
Q: What is a private document?
A: A private document is any other writing, deed,
or instrument executed by a private person without
the intervention of a notary or other person legally
authorized by which some disposition or
agreement is proved or set forth. (Patula v.
People, G.R. No. 164457, 2012)
Q: How do you authenticate 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 or written;
or
2. By evidence of the genuineness of the
signature or handwriting of the maker.
Any other private document need only be identified
as that which it is claimed to be. (Rule 132, Sec.
20)
Q: What is a public document?
A:
1. 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;
2. Documents acknowledged before a notary
public except last wills and testaments; and
3. Public records, kept in the Philippines, of
private documents required by law to the
entered therein.
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All other writings are PRIVATE (Rule 132, Sec.
19).
Q: Is a USAID Certification used as basis in
computing the award for loss of income a
public document?
A: Yes. Sec. 19 (a), Rule 132 of the Rules of Court
classifies as public documents 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. USAID is the principal United States
agency that extends assistance to countries
recovering from disaster, trying to escape poverty,
and engaging in democratic reforms and that it is
an independent federal government agency that
receives over-all foreign policy guidance from the
Secretary of State of the United States. In view of
this, it is clear that the USAID Certification is a
public document. (Heirs of Jose Marcia! K. Ochoa
Namely: Ruby B. Ochoa Micaela B. Ochoa v. G&S
Transport Corporation, GR No. 170071, July 16,
2012)
Q: How do you authenticate genuineness of
signature or handwriting?
A: The rule is that he who disavows the
authenticity of his signature on a public document
bears the responsibility of presenting evidence to
that effect. Section 22, Rule 132, Rules of Court
instructs that genuineness of handwriting may be
proved by a comparison, made by the witness or
the court, with writings admitted or treated as
genuine by a party against whom the evidence is
offered, or proved to be genuine to the satisfaction
of the Judge. (Wyna Marie P. Garingan-Ferreras
v. Eduardo T. Umblas, AM No. P-11-2989,
January 10, 2017 [en banc])
The handwriting of a person may be proved by any
witness who believes it to be the handwriting of
such person because he has seen the person
write, or has seen writing purporting to be his upon
which the witness has acted or been charged, and
has thus acquired knowledge of the handwriting of
such person. (Sps. Bernales v. Heirs of
Sambalaan, G.R. No. 163271, January 15, 2010)
Q: What is the ancient document rule?
A: Where a private document is more than 30
years old, is produced from the custody in which it
would naturally be found if genuine, and is
ATENEO CENTRAL
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unblemished by any alterations or circumstances
of suspicion, no other evidence of its authenticity
need be given. (Rule 132, Sec. 21)
Q: What must an attestation contain?
A: Whenever a copy of a document or record is
attested for the purpose of evidence, the
attestation must state, in substance, that the copy
is a correct copy of the original, or a specific part
thereof, as the case may be.
The attestation must be under the official seal of
the attesting officer, if there be any, or if he be the
clerk of a court having a seal, under the seal of
such court (Rule 132, Sec. 25).
Q: How is lack of record proved?
A: A written statement signed by an officer having
the custody of an official record or by his deputy
that after diligent search no record or entry of a
specified tenor is found to exist in the records of
his office, accompanied by a certificate as above
provided, is admissible as evidence that the
records of his office contain no such record or
entry (Rule 132, Sec. 28).
Q: How is judicial record impeached?
A: Any judicial record may be impeached by
evidence of:
1. Want of jurisdiction in the court or judicial
officer;
2. Collusion between the parties; or
3. Fraud of the party offering the record, in
respect to the proceedings (Rule 132, Sec.
29).
Q: How are notarial records proved?
A: Every instrument duly acknowledged or proved
and certified as provided by law, may be presented
in evidence without further proof, the certificate of
acknowledgment being prima facie evidence of the
execution of the instrument or document involved
(Rule 132, Sec. 30).
A public document duly acknowledged before a
notary public, under his hand and seal with his
certificate thereto attached, is admissible in
evidence without further proof of its due execution
and delivery until some question is raised as to the
verity of said acknowledgment and certificate
(Antillon v. Barcelon, G.R. No. L-12483, 1917).
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Q: X was the owner o f a 1.4017-hectare parcel
of agricultural land situated at Dulong
Malabon, Pulilan, Bulacan). During his lifetime,
Benjamin obtained from the Y sisters, who are
distant relatives, a loan in the amount of
P600,000.00, as evidenced by a Kasulatan Ng
Ukol sa Utang7 dated June 26, 2006. Under
the Kasulatan, the Y sisters shall have the
right to the fruits of the subject land fo r six (6)
years or until the loan is fully paid. After X
passed away, and doubting the authenticity of
the said Kasulatan, the heirs of X filed a
Complaint fo r Recovery o f Possession,
Declaration o f Nullity of the Kasulatan and
Damages with Prayer fo r W rit of Preliminary
Injunction and Temporary Restraining Order
claiming that the Ksulatan was forged even
though it was notarized. Is a notarized
document document enough to prove the
transaction?
A: (PERLAS-BERNABE) Yes. Generally, a
notarized document carries the evidentiary weight
conferred upon it with respect to its due execution,
and documents acknowledged before a notary
public have in their favor the presumption of
regularity which may only be rebutted by clear and
convincing evidence. However, the presumptions
that attach to notarized documents can be affirmed
only so long as it is beyond dispute that the
notarization was regular. A defective
notarization will strip the document of its
public character and reduce it to a private
document. Consequently, when there is a defect
in the notarization of a document, the clear and
convincing evidentiary standard normally attached
to a duly-notarized document is dispensed with,
and the measure to test the validity of such
document is preponderance of evidence.
(Spouses Reyes v. Heirs of Malartce, G.R. No.
219071, August 24, 2016)
Q: How are alterations to a document
explained?
A:
1. The alteration was made by another, without
his concurrence; or
2. It was made with the consent of the parties
affected by it; or
3. It was otherwise properly or innocently made;
or
4. The alteration did not change the meaning or
language of the instrument.
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If he fails to do that, the document shall not be
admissible in evidence (Rule 132, Sec. 31).
Q: How do you prove a document in an
unofficial language?
A: Documents written in an unofficial language
shall not be admitted as evidence, unless
accompanied with a translation into English or
Filipino. To avoid interruption of proceedings,
parties or their attorneys are directed to have such
translation prepared before trial (Rule 132, Sec.
33).
However, more than once, this Court has taken
into consideration documents written in a
Philippine dialect, unaccompanied by the required
translation but which had been admitted in
evidence without objection by the accused. In
those instances, the Court merely ordered official
translations to be made. (People v. Salison, G.R.
No. 115690, 1996).
J. TESTIMONIAL EVIDENCE
Q: What are the rules as to the qualifications of
a witness?
A:
1 All persons who can perceive, and perceiving,
can make known their perception to others,
may be witnesses. (Rule 130, Sec. 20)
Exceptions: Except as provided by law or the
Rules, such as:
a. Disqualification by reason of mental
capacity or immaturity (Rule 130, Sec. 21)
b. Disqualification by reason of marriage (Rule
130, Sec. 22)
c. Disqualification by reason of death or
insanity of adverse party (Rule 130, Sec.
23)
d. Disqualification on ground of privileged
communication (Rule 130, Sec. 24)
2. Religious or political belief, interest in the
outcome of the case, or conviction of a crime
shall not be a ground for disqualification. (Rule
130, Sec. 20)
Exception: Unless otherwise provided by law.
3. Conviction of a crime is not a ground for
disqualification of a witness.
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Exceptions:
1. Those convicted of falsification of a
document, perjury or false testimony
cannot be witnesses to a will. (Civil Code,
Art. 821)
2. An accused convicted of a crime involving
moral turpitude, whenever made a co­
accused in any criminal case, cannot be
discharged to become a witness for the
Government. (Rule 119, Sec. 17)
Q: X was indicted fo r murder and plead guilty
to a lesser offense o f homicide. Before X was
indicted, X executed an extrajudicial
confession wherein he admitted to shooting Y
and implicated his co-conspirator Z. Based on
X’s confession, Z was charged with murder. Is
X, a co-conspirator, a credible witness?
A: Yes. Conviction of a crime, unless otherwise
provided by law, shall not be a ground for
disqualification of witnesses. X’s previous
conviction neither detracts his competency as a
witness nor necessarily renders his testimony
totally untrustworthy and inadmissible. The
determination of the character of a witness is not a
prerequisite to belief in his testimony. His alleged
bad reputation, even if true, should not sway the
court in the evaluation of the veracity of his
testimony. The inconsistencies enumerated to
discredit X only refers to minor details, and not to
the central fact of the crime. (Virgilio Bug-atan v.
People, G.R. 174195, September 15, 2010)
Q: What are the qualities a person must show
before he could be a qualified witness?
A: A prospective witness must show that he has
the following abilities: (ORRR)
1. To Observe testimonial quality of perception;
2. To Remember the perception;
3. To Relate the perception;
4. That he has to Recognize a duty to tell the
truth, under oath or affirmation. (Herrera, p.
278)
Q: When is a deaf-mute qualified as a witness?
A: A deaf-mute is competent to be a witness so
long as he/she has the faculty to make
observations and he/she can make those
observations known to others (People v. Aleman y
Longhas, G.R. No. 181593, 2012)
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Q: Are parties in default disqualified as to be
witnesses?
A: No. Parties declared in default are not
disqualified from taking the witness stand for non-
disqualified parties. The law does not provide
default as an exception. (Marcos v. Heirs of
Navarro, G.R. No. 198240, 2013)
Q: Is an authorization required before a
witness can testify on behalf o f a party?
A: No. There is no substantive or procedural rule
which requires a witness for a party to present
some form of authorization to testify as a witness
for the party presenting him or her. (AFP
Retirement and Separation Benefits System v.
Republic, G.R. No. 188956, 2013)
Q: Distinguish competency from credibility of
a witness.
A: Competency is the legal fitness or ability of a
witness to be heard on a trial of a cause. Credibility
of a witness refers to the believability of a witness
and has nothing to do with the law or the rules. It
refers to the weight and trustworthiness or
reliability of the testimony. To hold that a particular
person is competent to testify upon a given matter
does not mean that his testimony thereon must be
believed by the court or must be deemed by it to
be of sufficient probative value to establish the
point which it was intended to prove. Competency
of a witness is one thing, and it is another to be a
credible witness. (Regalado 2008 ed.)
Q: Can rape be established by the sole
testimony of the victim?
A: Yes. Rape can be established by the sole
testimony of the victim that is credible and
untainted with serious uncertainty. With more
reason is this true when the medical findings
supported the testimony of the victim, as in this
case. When the victim's testimony of her violation
is corroborated by the physical evidence of
penetration, there is sufficient foundation for
concluding that there was carnal knowledge.
(People of the Philippines v. Allan Rodriguez y
Grajo, G.R. No. 208406, 2016)
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Q: What is the test of competency?
A: Whether the individual has sufficient
understanding to appreciate the nature and
obligation of an oath and sufficient capacity to
observe and describe correctly the facts in regard
to which he is called to testify.
Q: When is there presumption o f competency?
A: As a general rule, when a witness takes the
stand to testify, the law presumes that he is
competent. The burden is upon the party objecting
to the competency of a witness to establish the
grounds of incompetency.
Q: When must objection to competency be
made?
A: The objection to the competency of a witness
must be made:
1. Before the witness testifies
2. As soon as it becomes apparent on the trial
Q: What is the effect of failure to object to a
witness’ competency?
A: Failure to object to the competency of a witness
amounts to a waiver and once the evidence is
admitted, it shall stay in the records and can be
weighed according to its merits.
K. DISQUALIFICATION OF WITNESS
Q: What are the two (2) Kinds of
Disqualifications of Witnesses?
A:
1. ABSOLUTE DISQUALIFICATION (Rule 130,
Secs. 21-22)
2. RELATIVE DISQUALIFICATION (Rule 130,
Secs. 23-24)
1. DISQUALIFICATION BY REASON OF
MENTAL CAPACITY OR IMMATURITY
Q: Who cannot be witnesses?
A:
1. Those whose mental condition, at the time of
their production for examination, is such that
they are incapable of intelligently making
known their perception to others; (By reason of
mental incapacity); and
2. Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
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relating them truthfully. (By reason of
immaturity) (Rule 130, Sec. 21)
NOTE: The law presumes that every person is of
sound mind, in the absence of proof to the
contrary. (Torres v. Lopez, G.R. No. 1-24569,
1926)
Q: Distinguish mental incapacity from
immaturity.
A:
DQ: MENTAL DQ: IMMATURITY
INCAPACITY
Incompetent at the Incompetent at the
time he is produced time he perceives the
for examination event
Inability to intelligently Inability to relate his
make known what he perceptions truthfully
has perceived
Q: What is the rule on child witnesses?
A: Every child is now presumed qualified to be a
witness. To rebut this presumption, the burden of
proof lies on the party challenging the child’s
competency. Only when substantial doubt exists
regarding the ability of the child to perceive,
remember, communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in
court will the court, motu proprio or on motion of a
party, conduct a competency examination of a
child. (Rule on Examination of a Child Witness,
A M No. 004-07-SC)
Q: When can a child become a witness?
A: For a child witness to be competent, it must be
shown that he has the capacity of (1) observation,
(2) of recollection, and (3) of communication.
(People v. Mendoza, G.R. No. 113791, 1996)
Q: Is a mental retardate disqualified as a
witness?
A: A mental retardate is not per se disqualified
from being a witness. As long as his senses can
perceive facts and he can convey his perceptions
in court, he can be a witness. (People of the
Philippines v. Espahole, G.R. No. 119308, 1997)
2. DISQUALIFICATION BY REASON OF
MARRIAGE (MARITAL DISQUALIFICATION
RULE)
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Q: What are the requisites fo r disqualification
by reason of marriage?
A:
1. Spouses are legally married; and
2. Either spouse must be a party to a case
Exceptions:
1. The case in which the husband or wife is
called to testify is a civil case instituted by
one against the other
2. That it is a criminal case for a crime
committed by one against the other, or the
latter’s direct descendants or ascendants.
(Rule 130, Sec. 22)
NOTE: The privilege lasts only during marriage.
Q: When does the Marital Disqualification Rule
not apply?
A: Where the marital and domestic relations are
so strained that there is no more harmony to be
preserved nor peace and tranquility which may be
disturbed, the reason based upon such harmony
and tranquility fails. In such a case, identity of
interests disappears and the consequent danger
of perjury based on that identity is non-existent.
Thus, there is no longer any reason to apply the
Marital Disqualification Rule. (Alvarez v. Ramirez,
G.R. No. 143349, 2005)
3. DISQUALIFICATION BY REASON OF DEATH
OR INSANITY OF ADVERSE PARTY
Q: What are the requisites for disqualification
by reason of death or insanity of adverse
party?
A:
1. The witness is a party or assignor of a party to
a case or is a person in whose behalf a case
is prosecuted;
2. The action is against an executor or
administrator or other representative of a
deceased person or against a person of
unsound mind;
3. The subject matter of the action is a claim or
demand against the estate of a deceased
person or a person of unsound mind; and
4. The testimony of witnesses and the testimony
of the party or assignor of a party to the case
refer to any matter of fact which occurred
before the death of the deceased or before the
person became insane. (Rule 130, Sec. 23)
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Q: W hen does the Dead M an’s Statute not

apply? a. Husband and Wife (Marital
A: Communications Privilege)
1. To a witness who is not party or assignor of a
party or person in whose behalf a case is being Q: What are the requisites for disqualification
prosecuted. (Lichauco v. Atlantic Gulf, G.R. No. by Marital Communications Privilege:
L-2016, 1949) A:
2. Where the case is not a claim or demand 1. The spouses must be legally married; and
against the estate of a deceased person. 2. The communication must be confidential and
3. When there is waiver. made during the marriage.
a. Defendant failed to timely object to the
admission of such evidence. The privilege applies to any form of confident
b. Defendant filed a counterclaim against the disclosure both in words and in conduct.
plaintiff.
4. To a witness who is an officer and/or Q: When does the privilege not apply?
stockholder of a corporation testifying for or A:
against the corporation which is a party to an 1. When the husband or wife is called to be a
action upon a claim or demand against the witness in a civil case instituted by one against
estate of a deceased person. (Lichauco v. the other.
Altantic Gulf, G.R. No. L-2016, 1949) 2. When the husband or wife is called to be a
5. When the testimony of plaintiff denies the witness in a criminal case for a crime
occurrence of a transaction with the deceased. committed by one against the other or the
6. When the testimony refers to fraudulent latter’s direct ascendants or descendants.
transactions as the rule was never intended to 3. Communications between husband and wife
serve as shield for fraud. overheard by a third person.
7. If the case is prosecuted by an executor or 4. Where the privileged communication came
administrator or other representative of a into the hands of a third party.
deceased person or by a person of unsound 5. When there is waiver. (People v. Francisco,
mind. G.R. No. L-568, 1947)
8. The dead man's statute is applied to cases filed
AGAINST the administrator for claims Q: What is the distinction between the Marital
AGAINST the estate of the deceased. In this Disqualification Rule and the Marital
case, it the administrator who filed the case for Communications Privilege?
delivery of the stocks and it was not a claim A:
against the estate so the dead man's statute MARITAL DQ MARITAL
does not apply. (Razon vs. IAC, G.R. No. RULE COMMUNICATIONS
74306, 1992) (Sec 22) PRIVILEGE
9. When the testimony is favorable to the (Sec 24[a])
representative of the deceased person or Prohibits adverse Prohibits only as to
person of unsound mind. testimony knowledge obtained
regardless of source through confidence in
4. BY REASON OF PRIVILEGED the marital relation
COMMUNICATION Exists only when a Exists whether the
party to the action is husband or the wife is a
Q: W hat are privileged com m unications under the husband or wife party to the action or
the Rules of Court? not
A: Ceases upon death Continues even after
1. Husband and Wife the termination of the
2. Attorney and Client marriage
3. Physician and Patient
4. Priest and Penitent b. Attorney and Client
5. Public Officers (Rule 130, Sec. 24)

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Q: What are the requisites?
A:
1. There must be a relation of attorney and client;
2. Communication by client to attorney; and
3. Communication must have been made to the
attorney in the course of or with a view to
professional employment (Rule 130, Sec. 24)
Q: When does the attorney-client privilege
does not apply?
A:
1. When there is no attorney-client relationship.
2. When the communication was not intended to
be confidential.
3. When the communication is for an unlawful
purpose having for its object the commission
of a crime.
4. When the communication was made in the
presence of third persons.
5. When the communication is overheard by third
persons.
6. When the communication comes to the hands
of a third party.
7. When the action is one brought by the client
against the attorney and the disclosure of the
confidential information becomes necessary
for the attorney (But limited only for what is
necessary for attorney's own protection).
8. When there is waiver.
a. Client of the attorney consents to disclose
privileged communication.
b. Giving evidence on the privileged
communication.
c. When the privileged communication falls
into the hands of the adverse party.
d. In calling or cross-examining his attorney
regarding the privileged communication.
9. The receipt of fees from a client is not usually
within the privilege because the payment of a
fee is not normally a matter of confidence or a
communication. The ministerial or clerical
services of an attorney in transferring funds to
or from a client is not a matter of confidence
that is protected by the privilege. (In re Grand
Jury Investigation, 732 F.2d 447, 1983)
Q: Crime or Fraud as Exception to the Privilege
A: There is no privilege if the services of the lawyer
were sought or obtained to enable or aid anyone
to commit or plan to commit a crime or a fraud.
(People v. Sandiganbayan, 1997)
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Q: When is the identity of a client privileged?
(LAST LINK DOCTRINE)
A:
1. where a strong probability exists that revealing
the client's name would implicate that client in
the very activity for which he sought the
lawyer's advice.
2. Where disclosure would open the client to civil
liability, his identity is privileged.
3. Where the government's lawyers have no
case against an attorney's client unless, by
revealing the client's name, the said name
would furnish the only link that would form the
chain of testimony necessary to convict an
individual of a crime, the client's name is
privileged. (Regala v Sandiganbayan, 1996)
Q: What is the work-product privilege?
A: Here is simply an attempt, without purported
necessity or justification, to secure written
statements, private memoranda and personal
recollections prepared or formed by an adverse
party’s counsel in the course of his legal duties. As
such, it falls outside the arena of discovery and
contravenes the public policy underlying the
orderly prosecution and defense of legal claims.
Not even the most liberal of discovery theories can
justify unwarranted inquiries into the files and the
mental impressions of an attorney. (Hickman v.
Taylor, 329 U.S. 495, 1947)
c. Physician and Patient
Q: What are the requisites for disqualification
by reason of Physician and Patient privilege?
A:
1. The privilege is claimed in a civil case;
2. The person against whom the privilege is
claimed is one duly authorized to practice
medicine, surgery or obstetrics;
3. Such person acquired the information while he
was attending to the patient;
4. The information was necessary to enable him
to act in that capacity; and
5. The information was confidential and if
disclosed would blacken the reputation of the
patient. (Krohn v. CA, 1994)
Q: What is the scope of the Privilege?
A: The prohibition applies not only to
communications made by the patient to the
physician but also to opinions or prescriptions.
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The privilege does not cover all obtained
confidentially or necessary for treatment. The
information must be one, if disclosed, would
blacken the reputation of the patient. (Rule 130,
Sec. 24[c])
Q: When does the physician-patient privilege
does not apply?
A:
1. When the case is a criminal case.
2. When the testimony refers to information
regarding a patient which the physician
acquired either before the relation of physician
and patient began or after its termination.
3. When there is waiver.
4. If the physician acted for purposes other than
to prescribe for the patient.
5. When the information was not necessary for
the proper treatment of the patient.
6. When the information does not blacken the
reputation of the patient.
7. Where an action for damages is brought by the
patient against his physician.
8. When the physician is presented as an expert
witness and the facts testified to are merely
hypothetical. (Lim v. Court of Appeals, G.R. No.
91114, 1992)
9. When the information was intended to be
public, such as results of physical and mental
examinations ordered by the court and results
of autopsies.
d. Priest and Penitent
Q: What are the requisites for Priest and
Penitent Privilege?
A:
1. The confession must be made to the minister
or priest in his professional character, and in
the course of discipline enjoined by the rules of
practice of the denomination to which the priest
or minister belongs; and
2. The confession must be of a penitential
character. (Rule 130, Sec. 24)
Q: When does the priest-penitent privilege
does not apply?
A:
1. Where a minister is consulted not as such (e.g.,
he is consulted as a friend or interpreter).
2. Where the confession is not made in the course
of religious discipline.
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3. When there is waiver,
e. Public Officers
Q: What are the requisites for public officers
Privilege?
A:
1. The communication must have been made to
a public officer;
2. The communication was made in official
confidence; and
3. Public interest would suffer by the disclosure
of the information (Rule 130, Sec. 24[e])
Q: What is the Presidential Communications
Privilege?
A: There is a Recognized Presumptive
Presidential Communications Privilege - it was the
President herself, through Executive Secretary
Ermita, who invoked executive privilege on a
specific matter involving an executive agreement
between the Philippines and China, which was the
subject of the three. (Neri v. Senate Committee,
G.R. No. 180643, 2008)
Q: What are the elements of the Presidential
Communications Privilege?
A:
1. Must relate to a “quintessential and non­
delegable presidential power;”
2. Must be authored or “solicited and received” by
a close advisor of the President or the
President himself; and
3. Privilege may be overcome by a showing of
adequate need such that the information
sought “likely contains important evidence” and
by the unavailability of the information
elsewhere (Neri v. Senate Committee, G.R.
No. 180643, 2008)
Q: What is the Newsman’s Privilege (R.A. 1477,
Sec. 1)?
A: Without prejudice to his liability under the civil
and criminal laws, the publisher, editor, columnist
or duly accredited reporter of any newspaper,
magazine or periodical of general circulation
cannot be compelled to reveal the source of any
news-report or information appearing in said
publication which was related in confidence to
such publisher, editor or reporter unless the court
or a House or committee of Congress finds that
ATENEO CENTRAL
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such revelation is demanded by the security of the
State.
Q: W hat is the Privileged Communication in
Labor Conciliation Proceedings (Labor Code,
Art, 233)
A: Information and statements made at
conciliation proceedings shall be treated as
privileged communication and shall not be used as
evidence in the Commission. Conciliators and
similar officials shall not testify in any court or body
regarding any matters taken up at conciliation
proceedings conducted by them.
Q: Define the concept of Secrecy of Bank
Deposits (R.A. 1405, Sec, 2)
A: All deposits of whatever nature with banks or
banking institutions in the Philippines including
investments in bonds issued by the Government of
the Philippines, its political subdivisions and its
instrumentalities, are hereby considered as of an
absolutely confidential nature and may not be
examined, inquired or looked into by any person,
government official, bureau or office, except upon
written permission of the depositor, or in cases of
impeachment, or upon order of a competent court
in cases of bribery or dereliction of duty of public
officials, or in cases where the money deposited or
invested is the subject matter of the litigation.
Q: W hat is Judicial Privilege?
A: At the most basic level and subject to the
principle of comity, Members of the Court, and
Court officials and employees may not be
compelled to testify on matters that are part of the
internal deliberations and actions of the Court in
the exercise of their adjudicatory functions and
duties, while testimony on matters external to their
adjudicatory functions and duties may be
compelled by compulsory processes. (Per Curiam
Supreme Court Decision in connection with the
letter of the House Prosecution Panel to
subpoena Justices of the Supreme Court, 2013)
Q: What is Witness Protection Security and
Benefit Act (R.A. 6981, Sec. 7)?
A: All proceedings involving application for
admission into the Program and the action taken
thereon shall be confidential in nature. No
information or documents given or submitted in
support thereof shall be released except upon
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written order of the Department or the proper
court.
Q: What are the factors in determining if an
information is a trade secret and hence
protected from disclosure?
A:
1. The extent to which the information is known
outside of the employer’s business;
2. The extent to which the information is known by
employees and others involved in the business;
3. The extent of measures taken by the employer
to guard the secrecy of the information;
4. The value of the information to the employer
and to competitors;
5. The amount of effort or money expended by the
company in developing the information; and
6. The extent to which the information could be
easily or readily obtained through an
independent source. (Air Philippines vs.
Pennswell, Inc., G.R. No. 172835, 2007)
f. Parental and Filial Privilege
Q: What is the rule with regard to parental and
filial privilege?
A: No person may be compelled to testify against
his parents, other direct ascendants, children and
other direct descendants. (Rule 130, Sec. 25)
Q: Distinguish parental privilege from filial
privilege.
A:
1. Parental Privilege: A parent cannot be
compelled to testify against his child or direct
descendants
2. Filial Privilege: A child may not be compelled
to testify against his parents or other direct
ascendants
Q: When does the privilege does not apply?
A:
1. A person who voluntarily testifies against his
parents
2. Persons other than direct ascendants and
descendants testifies against the person. The
privilege under the provision mentioned applies
only to direct ascendants and descendants, a
family tie connected by a common ancestry. A
stepdaughter has no common ancestry by her
stepmother. (Lee v. Court of Appeals, G.R. No.
177861, 2010)
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Q: To which courts does the Judicial Affidavit
Rule apply?
A:
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,
whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as
their existing rules of procedure contravene the
provisions of this Rule. (JAR, Sec. 1(a))
Q: What are the contents of a judicial affidavit?
A: 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:
(a) The name, age, residence or business
address, and occupation of the witness;
(b) The name and address of the lawyer who
conducts or supervises the examination of the
witness and the place where the examination is
being held;
(c) 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;
(d) 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;
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(e) The signature of the witness over his printed
name; and
(f) 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.
(JAR, Sec. 3)
(g) A sworn attestation at the end, executed by the
lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness
gave; and
(2) Neither he nor any other person then
present or assisting him coached the
witness regarding the latter's answers.
(JAR, Sec. 4(a))
Q: What is the procedure in using judicial
affidavits?
A:
1. The parties shall file with the court and serve
on the adverse party, personally or by licensed
courier service, not later than five (5) days
before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and
incidents, the following:
a. The judicial affidavits of their witnesses,
which shall take the place of such
witnesses' direct testimonies; and
b. The parties' documentary or object
evidence, if any, which shall be attached to
the judicial affidavits and marked as Exhibits
A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits
1, 2, 3, and so on in the case of the
respondent or the defendant. (JAR, Sec.
2(a))
2. Should a party or a witness desire to keep the
original document or object evidence in his
possession, he may, after the same has been
identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit
that the copy or reproduction attached to such
affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall
bring the original document or object evidence
for comparison during the preliminary
conference with the attached copy,
reproduction, or pictures, failing which the latter
shall not be admitted.
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• This is without prejudice to the introduction
of secondary evidence in place of the
original when allowed by existing rules.
(JAR, Sec. 2(b))
3. The party presenting the judicial affidavit of his
witness in place of direct testimony shall state
the purpose of such testimony at the start of the
presentation of the witness. The adverse party
may move to disqualify the witness or to strike
out his affidavit or any of the answers found in
it on ground of inadmissibility. The court shall
promptly rule on the motion and, if granted,
shall cause the marking of any excluded
answer by placing it in brackets under the
initials of an authorized court personnel,
without prejudice to a tender of excluded
evidence under Section 40 of Rule 132 of the
Rules of Court. (JAR, Sec. 6)
4. The adverse party shall have the right to cross-
examine the witness on his judicial affidavit and
on the exhibits attached to the same. The party
who presents the witness may also examine
him as on re-direct. In every case, the court
shall take active part in examining the witness
to determine his credibility as well as the truth
of his testimony and to elicit the answers that it
needs for resolving the issues. (JAR, Sec. 7)
5. Upon the termination of the testimony of his last
witness, a party shall immediately make an oral
offer of evidence of his documentary or object
exhibits, piece by piece, in their chronological
order, stating the purpose or purposes for
which he offers the particular exhibit. (JAR,
Sec. 8(a))
6. After each piece of exhibit is offered, the
adverse party shall state the legal ground for
his objection, if any, to its admission, and the
court shall immediately make its ruling
respecting that exhibit. (JAR, Sec. 8(b))
7. Since the documentary or object exhibits form
part of the judicial affidavits that describe and
authenticate them, it is
8. sufficient that such exhibits are simply cited by
their markings during the offers, the objections,
and the rulings, dispensing with the description
of each exhibit. (JAR, Sec. 8(c))
Q: What are the effects of failure to comply with
the Judicial Affidavit Rule?
A:
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1. A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment. (JAR, Sec. 4(b))
2. If the government employee or official, or the
requested witness, who is neither the witness
of the adverse party nor a hostile witness,
unjustifiably declines to execute a judicial
affidavit or refuses without just cause to make
the relevant books, documents, or other things
under his control available for copying,
authentication, and eventual production in
court, the requesting party may avail himself of
the issuance of a subpoena ad testificandum or
duces tecum under Rule 21 of the Rules of
Court. The rules governing the issuance of a
subpoena to the witness in this case shall be
the same as when taking his deposition except
that the taking of a judicial affidavit shall be
understood to be ex parte. (JAR, Sec. 5)
3. A party who fails to submit the required judicial
affidavits and exhibits on time shall be deemed
to have waived their submission.
• The court may, however, allow only once
the late submission of the same provided,
the delay is for a valid reason, would not
unduly prejudice the opposing party, and
the defaulting party pays a fine of not less
than P 1,000.00 nor more than P 5,000.00
at the discretion of the court.
4. The court shall not consider the affidavit of any
witness who fails to appear at the scheduled
hearing of the case as required. Counsel who
fails to appear without valid cause despite
notice shall be deemed to have waived his
client's right to confront by cross-examination
the witnesses there present.
5. The court shall not admit as evidence judicial
affidavits that do not conform to the content
requirements of Section 3 and the attestation
requirement of Section 4.
• The court may, however, allow only once
the subsequent submission of the compliant
replacement affidavits before the hearing or
trial provided the delay is for a valid reason
and would not unduly prejudice the
opposing party and provided further, that
public or private counsel responsible for
their preparation and submission pays a fine
of not less than P 1,000.00 nor more than P
5,000.00, at the discretion of the court.
(JAR, Sec. 10)
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Q: What is the one-day examination of witness
rule?
A: 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. (OCA Circ. 05-
2012)
Q: What happens on the last hearing day
allotted for each party?
A:
1. Presentation of last witness
2. Formal offer of evidence
3. Opposing party interposes objections
4. Judge rules on the offer of evidence in open
court
NOTE: However, the judge has the discretion to
allow the offer of evidence in writing in conformity
with sec. 35 Rule 132. (Par.5(i), SCA.M. No. 03—
1-09)
Q: How is a witness examined?
A:
1. In open court; and
2. Under oath or affirmation. (Rule 132, Sec. 1)
Q: How shall the witness give his answer?
A: The answers shall be given orally, EXCEPT if:
1. The witness is incapacitated to speak;
2. The question calls for a different mode of
answer. (Rule 132, Sec. 1)
NOTE: However, check the Judicial Affidavit Rule
which now allows the testimonies of witnesses to
be in affidavits.
Q: What are the obligations of a witness?
A: A witness must answer questions, although
his/her answer may tend to establish a claim
against him/her.
Note: Refusal of a witness to answer is punishable
by Contempt (Rule 71).
Q: What are the different kinds of immunity?
A:
“USE” IMMUNITY “TRANSACTIONAL”
IMMUNITY
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Prohibits the use of the Grants immunity to
witness’s compelled the witness from
testimony and its fruits prosecution for an
in any manner in offense to which his
connection with the compelled testimony
criminal prosecution of relates. This second
the witness. immunity is broader.
(Galman v. Pamaran, G.R. Nos. L-71208-09 and
L-71212-13, 1905)
Note:
Under R.A. 6981 (Witness Protection, Security
and Benefit Act), A witness admitted into the
witness protection program cannot refuse to testify
or give evidence, produce books, documents,
records, or writings necessary for the prosecution
of the offense or offenses for which he has been
admitted on the ground of the right against self­
incrimination. (R.A 6981, Sec. 14)
Q: What is direct examination?
A: Direct examination is the examination-in-chief
of a witness by the party presenting him on the
facts relevant to the issue.
Q: What is cross examination?
A: Cross examination is the questioning of a
witness at a trial or hearing by the party opposed
to the party who called the witness to testify as to
any matter stated in the direct examination, or
connected therewith and all important facts
bearing upon the issue. But, where the witness is
an unwilling or hostile witness so declared by the
court or is an adverse party, the cross-examination
shall only be on the subject matter of his
examination-in-chief. The same rule applies to an
accused who takes the stand. (Rule 132, Sec. 12)
Q: What are the different rules on cross
examination?
A:
1. AMERICAN RULE - Cross-examination must
be confined to matters inquired about in the
direct examination.
2. ENGLISH RULE - A witness may be cross-
examined not only upon matters testified by
him on his direct examination but also on all
matters relevant to the issue. We follow the
English Rule.
Q: Who can waive the right to conduct cross
examination?
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A: The right is a personal one which may be
waived expressly or impliedly by conduct
amounting to a renunciation of the right of cross-
examination. Thus, where a party has had the
opportunity to cross-examine a witness but failed
to avail himself/herself of it, he/she necessarily
forfeits the right to cross-examine and the
testimony given on direct examination of the
witness will be received or allowed to remain in the
record. (Fulgado v. CA, G.R. No. L-61S70, 1990)
Q: What happens when a witness dies before
he can be cross examined?
A: If the witness dies before his cross-examination
is completed, his testimony on the direct may be
stricken out only with respect to the testimony not
covered by the cross-examination. The absence
of the witness is not enough to warrant striking out
his testimony for failure to appear for further cross-
examination where the witness has already been
sufficiently cross-examined, and the matter on
which the cross-examination is sought is not in
controversy. (People v. Seneris, G.R. No. L~
48883, 1980)
Q: What happens when a witness is not cross
examined?
A: If the witness was not cross-examined because
of causes attributable to the cross examining party
and the witness had always made himself
available for cross examination, the direct
testimony of witness shall remain in the record and
cannot be ordered stricken off because the cross
examiner is deemed to have waived the right to
cross-examine witness. (De la Paz v. IAC, G.R.
No. 71537, 1987)
Q: What Is re-direct examination?
A: It is the further examination by a party of his/her
own witness after cross-examination on matters
dealt with during the cross-examination and on
other matters may be allowed by the court in its
discretion in order to allow the witness-in-chief to
explain or supplement his answers given during
the cross-examination.
Q: What is re-cross examination?
A: It is the examination of a witness who has
finished his/her examination-in-chief, cross-
examination, and re-direct examination, by the
counsel who cross-examined on matters stated in
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the re-direct examination. However, other matters
may be allowed by the court in its discretion.
Q: What is the rule on recalling a witness?
A: After the examination of a witness by both sides
has been concluded, the witness cannot be
recalled without leave of the court.
Q: What is a leading question?
A: It is a question which suggests to the witness
the answer which the examining party desires. It is
not allowed, EXCEPT:
1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty in getting direct and
intelligible answers from a witness who is
ignorant, or a child of tender years, or is of
feeble mind, or a deaf-mute;
4. Of an unwilling or hostile witness; or
5. Of a witness who is an adverse party or an
officer, director, or managing agent of a public
or private corporation or of a partnership or
association which is an adverse party. (Rule
130, Sec. 10)
Q: How do you test whether a question is
leading or misleading?
A: The test is whether a question is leading or not
is the suggestiveness of its substance and not the
form of the question. If the question suggests the
answer desired by putting words into the mouth of
the witness, it is leading. (Rule 130, Sec. 10)
Q: How can an adverse party’s witness be
impeached?
A:
1. Contradictory evidence;
2. Evidence of bad character;
3. Evidence of bias, interest, prejudice, or
incompetence; and
4. Evidence that he/she has made at other times
statements inconsistent with his/her present
testimony. (PRIOR INCONSISTENT
STATEMENTS)
General Rule: The adverse party’s witness cannot
be impeached by evidence of particular wrongful
acts.
Exception: it may be shown by the examination
of the witness or the record of the judgment that
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the adverse party’s witness has been convicted of Q: Can a party impeach his own witness?
an offense. A: General Rule: A party producing a witness is
not allowed to impeach his/her own witness’
Q: Distinguish between impeaching through credibility.
contradictory evidence and through prior
inconsistent statements. Exceptions:
A: 1. If the witness is an adverse party.
2. If the witness has become an unwilling or
CONTRADICTORY PRIOR INCONSISTENT hostile witness.
EVIDENCE STATEMENTS 3. If the witness is not voluntarily offered but is
required by law to be presented by the
Prior inconsistent proponent, as in the case of subscribing
statements refer to witnesses to a will (Fernandez v. Tantoco,
statements, oral or G.R. No. 25489, 1926)
documentary, made by
the witness sought to be Q: How can a party impeach his own witness?
impeached on occasions A:
Contradictory
other than the trial in 1. Evidence contradictory to witness’ testimony;
evidence refers to
which he is testifying. or
other testimony of
(Regalado, Evidence, 2. Evidence of prior inconsistent statements of
the same witness,
851) the witness.
/ or other evidence
presented by him in
...witnesses have given Q: Who is an adverse party witness?
the same case.
conflicting testimonies, A: In order to be considered an adverse party, the
(Regalado,
which are inconsistent witness must be adverse to the party calling
Evidence, 851)
with their present him/her and be actively seeking a recovery
testimony and which against, or opposing a recovery by, such party, or
would accordingly cast a a person for whose immediate benefit the action
doubt on their credibility. was brought or defended.
(VillaIon v. IAC, G.R. No.
73751, 1986) Q: When can a witness be considered as a
hostile or unwilling witness?
Q: What are the other modes of impeaching a A: A witness will be considered hostile or unwilling
witness? upon:
A: 1. Declaration by the court;
1. Impeachment by showing improbability or 2. Adequate showing of his/her adverse interest,
unreasonableness of testimony. unjustified reluctance to testify, or his/her
2. Impeachment by showing bias, prejudice, and having misled the party into calling him/her to
hostility. the witness stand.
3. Impeachment by prior inconsistent acts or
conduct. Q: What is a hostile witness?
4. Impeachment by showing social connections, A: A hostile witness is one who manifests so much
occupation and manner of living. hostility or prejudice under examination-in-chief
5. Impeachment by showing interest. that the party who has called such witness is
6. Impeachment by showing intent or motive. allowed to cross-examine him/her, that is to treat
him/her as though he/she had been called by the
opposite party.

Q: When can a witness be impeached by prior

inconsistent statements?

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A: General Rule: A witness cannot be impeached
by proof of inconsistent statements until the proper
foundation or predicate has been laid.
Exception: Failure to lay a proper foundation may
be waived by the failure of the adverse party to
object in proper form to the instruction of the
alleged inconsistent statement.
Q: How is “ laying the predicate” done?
A:
1. By relating to him such statements with the
circumstances of the times and places and the
persons present.
2. By asking him whether he made such
statements
3. By giving him a chance to explain the
inconsistency.
4. If the statements be in writing, they must be
shown to the witness before any question is put
to him concerning them. (Rule 132, Sec. 13)
Unless the witness is given the opportunity to
explain the discrepancies, the impeachment is
incomplete. However, such defect can be waived
if no objection is raised when the document
involved is offered for admission. (Regalado,
Evidence, 852)
Q: When does the “ laying down the predicate”
does not apply?
A:
1. If the prior inconsistent statement appears in a
deposition of the adverse party, and not a mere
witness, as such statements are in the nature
of admissions of said adverse party.
(Regalado, Evidence, 852)
2. Where the previous statements of a witness
are offered as evidence of an admission, and
not merely to impeach him. (Regalado,
Evidence, 852 citing Juan Ysmael & Co., Inc, v.
Hashim, et. al, G.R. No. L-26247)
Q: What is the rule on good character of a
witness?
A: Evidence of the good character of a witness is
not admissible until such character has been
impeached. (Rule 132, Sec. 14)
Q: What is an ADMISSION?
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A: A voluntary acknowledgement in express terms
or by implication by a party interest or by another
by whose statement he is legally bound, against
his interest, of the existence or truth of a fact in
dispute material to the issue. (In other words, it is
an acknowledgement of fact/s opposite to the
fact/s raised or positions taken in court.) (see Rule
130 Sec. 26)
Q: What are the two (2) types of Admissions?
A:
1. JUDICIAL ADMISSION - 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
one made in a judicial proceeding under
consideration. (Rule 129 Sec. 4)
2. EXTRAJUDICIAL ADMISSION - one made
out of court or in a judicial proceeding other
than the one under consideration. (Perry v.
Simpson, Conn. 313 cited in Riano)
Q: What are the components of the res inter
alios acta rule?
A:
1. The rights of a party cannot be prejudiced by
an act, declaration, or omission of another
(Rule 130, Sec. 28)
2. Previous Conduct Rule: Evidence of 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 (Rule 130, Sec.
34)
NOTE: This rule only applies to extrajudicial
declarations (People v. Raquel, G.R. No. 119006,
2006)
Q: What are the exceptions to the res Inter alios
actarule?
A:
1. Admission by a Co-Partner or Agent (Rule 130,
Sec. 29);
2. Admission by a Co-Conspirator (Rule 130, Sec.
30);
3. Admission by Privies (Rule 130, Sec. 31);
4. Admission by Silence (Rule 130, Sec. 32; see
Tan Siok Kuan v. Returta, G.R. No. 175085,
2016, J. Perez); and
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5. Interlocking Confessions (People v. Muit, G.R.
No. 181043, 2008)
6. Statements made by an employee against his
employer are admissible against the latter,
where the statements while in employ and
where they concerned a matter within the
scope of his employment. (Mahlandt v. Wild
Canid Survival & Research Center, 588 F.2d
626, 8th Cir. 1978)
Q: What is the Rule on Admissions by a Party?
A: The act, declaration, or omission of a party as
to a relevant fact may be given in evidence against
him. (Rule 130, Sec. 26)
Q: Does an admission by the president of a
company binding upon such company?
A: The admissions of the president of a company
are binding on the company under the rule that
admissions of liability by a party may be given
against it. (Keller & Co. v. COB, G.R. No. L-68097,
1986)
Q: What are SELF-SERVING DECLARATIONS?
A: Unsworn statements made by the declarant out
of court and which are favorable to his interests.
(People v. Omictin, G.R. No. 188130, 2010)
Q: Are Self-Serving Declarations admissible?
A: Self-serving declarations are not admissible.
(People v. Omictin, G.R. No. 188130, 2010)
Q: When are self-serving admissions
admissible?
A:
1. Diaries, if it is against interest, or if it is in the
nature of books of accounts. Letters prepared
not in anticipation of litigation are not
considered self-serving declarations. (See Rule
130 Sec. 5)
2. Part of the res gestae, including spontaneous
statements and verbal acts. (See Rule 130 Sec.
42)
3. When in the form of complaint and exclamations
of pain and suffering.
4. When part of a confession offered by the
prosecution, (such as those favorable to the
accused, e.g. I shot him because he was going
to stab me.)
5. When the credibility of a party has been assailed
on the ground that his testimony is a recent
fabrication.
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6. When offered by the opponent.
7. When offered without objection or there is
waiver.
Q: What is the Rule on Compromises?
A:
1. In CIVIL CASES: An offer of compromise is not
an admission of any liability and is not
admissible in evidence against the offeror. (Rule
130, Sec. 27)
2. In CRIMINAL CASES:
General Rule: an offer of compromise by the
accused may be received in evidence as an
implied admission of guilt. (Rule 130, Sec. 27)
Q: What are the Exceptions?
A:
1. Those involving quasi-offenses (criminal
negligence); or
2. Those allowed by law to be compromised. (Rule
130, Sec. 27)
Q: What are those NOT admissible in evidence
against the accused who made the plea or
offer?
A:
1. A plea of guilty later withdrawn, or
2. An unaccepted offer of a plea of guilty to a lesser
offense. (Rule 130, Sec. 27)
Q: What is the Rule on Offer of Payment of
Expenses occasioned by injury (Good
Samaritan Doctrine)?
A: An offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury
is not admissible in evidence as proof of civil or
criminal liability for the injury. (Rule 130, Sec. 27)
Q: What is the Rule on Admissions by a third
party (Res Inter A lios Acta)?
A: The rights of an accused cannot be prejudiced
by the extra-judicial declarations of another
person. (People v. Raquel, G.R. No. 119006,
1996)
NOTE: Section 28, Rule 130 refers to the first
branch of the res inter alios acta rule. The second
branch can be found in Section 34, Rule 130—
similar acts as evidence. (Regalado 2008 ed., 758)
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Q: What are the requisites for an act or
declaration of a partner or agent of the party to
be admitted in evidence against his co-partner
or agent? (PSE)
A:
1. That the partnership or agency be previously
proven by evidence other than the admission
itself.
2. The acts or declarations refer to a matter within
the scope of his authority.
3. The acts or declarations were made during the
existence of the partnership or agency. (Rule
130, Sec. 29)
NOTE: The same rule applies to the act or
declaration of a joint owner, joint debtor, or other
person jointly interested with the party. (Rule 130,
Sec. 29)
Q: When can the act or declaration of a
conspirator be given in evidence against the
co-conspirator? (P)
A: When the following requisites are present:
1. That the conspiracy be first proved by evidence
other than the admission itself.
2. That the admission relates to the common
object.
3. That it has been made while the declarant was
engaged in carrying out the conspiracy.
NOTE: Applicable only to extrajudicial acts or
declaration but NOT to testimony given on the
stand at the trial where the defendant has the
opportunity to cross-examine the declarant.
(People v. Serrano, G.R. No. L-7973, 1959)
Q: What is the rule on Admission by Privies?
A: Where one derives title to property from
another, the act, declaration, or omission of the
latter, while holding the title, in relation to the
property, is evidence against the former. (Rule
130, Sec. 31)
Q: What are the Exceptions?
A: The declaration made subsequent to the
transfer of the property shall be admissible:
1. Where the declaration was made in the
presence of the transferee and he acquiesces
in the statements or asserts no rights where he
ought to speak.
2. Where there has been prima facie case of fraud
established.
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3. Where the evidence establishes a continuing
conspiracy to defraud which conspiracy exists
between the vendor and the vendee.
Q: What is the Rule on Admission by Silence?
A: An admission by silence or an ADOPTIVE
ADMISSION may be given in evidence against the
party who does or says nothing where the
statement would naturally call for a response or
reaction. (People v. Kenrick Development Corp.,
G.R. No. 149576, 2006)
Q: What are the requisites before the Silence
of a Party can be Taken as an Admission of
What is Said?
A:
1. He heard and understood the statement;
2. He was at liberty to interpose a denial;
3. The statement was in respect to some matter
affecting his rights or in which he was then
interested, and calling, naturally, for an answer;
4. The facts were within his knowledge; and
5. The fact admitted or the inference to be drawn
from his silence would be material to the issue.
(People v. Paragsa, G.R. No. L-44060, 1978)
Q: What is a CONFESSION?
A: A confession is an acknowledgement in
express terms, by a party in a criminal case, of his
guilt of the crime charged, while an admission is
a statement by the accused, direct or implied, of
facts pertinent to the issue and tending, in
connection with proof of other facts, to prove his
guilt. (People v. Maqueda, G.R. No. 112983, 1995)
Q: What are the differences between an
Admission and a Confession?
A:
ADMISSION CONFESSION
A statement of fact Involves an
which does not acknowledgement of
involve an guilt or liability
acknowledgement of
guilt or liability
May be express or Must be express
tacit
May be made by third Can be made only by
persons and, in the party himself and,
certain cases, are in some instances,
admissible against a are admissible
party against his co­
accused
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(Ladiana v. People, G.R. No. 144293, 2002)
Q: What are the requisites for the Adm issibility
of Extrajudicial Confessions?
A:
1. The confession must involve an express and
categorical acknowledgement of guilt.
2. The facts admitted must be constitutive of a
criminal offense.
3. The confession must have been given
voluntarily.
4. The confession must have been intelligently
made, the accused realizing the importance or
legal significance of his act.
5. There must have been no violation of Section
12, Art. Ill of the 1987 Constitution. (People v.
Muleta, G.R. No. 130189, 1999)
Q: Are extra-judicial confessions binding?
A: The extrajudicial confession of an accused is
binding only upon himself and is not admissible
against his co-accused. (People v. Using, G.R.
No. 106210-11, 1998)
Q: X is employed as a Service Manager by
Company A. He was in charge of day-to-day
operations and has the authority to sign
checks, vouchers, and purchase orders.
Before payment may be made fo r purchasing
supplies, it must be approved by both the X
and Y, who is the accounting assistant.
Company A got wind that it had been issuing
anomalous checks. Y was confronted and she
confessed that she issued the anomalous
checks under X’s instruction. X and Y were
terminated from employment. Can Y’s
confession be admitted as evidence against X?
A: (PERLAS-BERNABE) Yes. The general rule is
that extrajudicial confessions is binding only to the
confessant and is not admissible against his or her
co-accused because it is considered hearsay
against them. However, the treatment of hearsay
is bound by the exception on independently
relevant statements. Under this doctrine,
independent relevant statements , regardless if
true, that fact that such statements were made is
relevant. The hearsay rule will not apply, and the
statements will be admitted into evidence. Y’s
confession should be admitted as evidence
against X because of X’s vital role in the process
of procuring checks in the first place. Y’s
statements were independently relevant.
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(Buenaflor Car Services, Inc. v. David, Jr., G.R.
No. 222730, November 1, 2016)
Q: When are extra-judicial confessions binding
against a co-accused?
A:
1. If the co-accused impliedly acquiesced in or
adopted the confession by not questioning its
truthfulness, as where it was made in his
presence and he did not remonstrate against
his being implicated by it; (waiver)
2. If the co-accused persons voluntarily and
independently executed identical confessions
without conclusions; Confessions corroborated
by other evidence and without contradiction by
the co-accused who was present
(INTERLOCKING CONFESSIONS)
3. Where the co-accused admitted the facts stated
by the confessant after being apprised of such
confession;
4. If the confession is used only as a corroborating
evidence against the other co-accused charged
as co-conspirators;
5. Where the confession is used as circumstantial
evidence to show the probability of participation
by the co-conspirator;
6. Where the co-conspirator used as
circumstantial evidence corroborated by other
evidence of record. (People v. Using, G.R. No.
106210-11, 1998)
Q: What is the General Rule on Previous
conduct as evidence?
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. (Rule 130, Sec. 34)
Q: What are the Exceptions?
A: Similar acts may be received as evidence to
prove. (SIPPS-HCU)
1. A specific intent or knowledge
2. Identity
3. Plan
4. System
5. Scheme
6. Habit
7. Custom or usage
8. and the like. (Rule 130, Sec. 34)
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NOTE: Rule 130, Sec. 34 is the second branch of
the res inter alios acta rule and applies to both civil
and criminal cases. (Regalado 2008 ed.)
Q: What is an Unaccepted offer?
A: An offer in writing to pay a particular sum of
money or to deliver a written instrument or specific
personal property is, if rejected without valid
cause, equivalent to the actual production and
tender of the money, instrument, or property. (Rule
130, Sec. 35)
Q: What is the rule on Hearsay?
A: A witness can testify only to those facts which
he knows of his personal knowledge; that is, which
are derived from his own perception, except as
otherwise provided in these rules. (Rule 130, Sec.
36)
NOTE: It may be verbal or in writing.
Q: X filed a case against Y. Y then presented
hearsay evidence in the trial court which was
erroneously admitted by the latter. The public
prosecutor who represents X, interposed no
objection to the admission of the hearsay
evidence. Can the hearsay evidence presented
in the lower court and not objected to be
accorded probative value?
A: No. (PERLAS-BERNABE) The general rule is
that hearsay evidence is not admissible. However,
the lack of objection to hearsay testimony may
result in its being admitted as evidence. But one
should not be misled into thinking that such
declarations are thereby impressed with probative
value. Admissibility of evidence should not be
equated with weight of evidence. Hearsay
evidence whether objected to or not cannot be
given credence for it has no probative value.
Hearsay evidence, whether objected to or not, has
no probative value unless the proponent can show
that the evidence falls within the exceptions to the
hearsay evidence rule. (Republic v. Galeno, G.R.
No. 215009, January 23, 2017.)
Q: What is the Doctrine of Independently
Relevant Statements?
A: The doctrine on independently relevant
statements that conversations communicated to a
witness by a third person may be admitted as proof
that, regardless of their truth or falsity, they were
actually made. Evidence as to the making of such
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statements is not secondary but primary, for in
itself it (a) constitutes a fact in issue or (b) is
circumstantially relevant to the existence of such
fact. (Republic v. Heirs of Alejaga, G.R. No.
146030, 2002)
Q: What are the two classes of Independently
Relevant Statements?
A:
1. Those statements which are the very facts in
issue.
2. Those statements which are circumstantial
evidence of the facts in issue.
Examples:
Statement of a person showing his state
of mind;
Statement of a person showing his
physical condition;
Statement of a person to infer a state of
mind of another person;
Statements which may identify the date,
place and person in question;
Statements to show a lack of credibility of
a witness. (Estrada v. Desierto, G.R.
Nos. 146710-15, 2001)
Q: What are the EXCEPTIONS TO THE
HEARSAY RULE?
A:
1. Dying declaration
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding
pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former trial (Rule
130(C)(6), Secs. 37-47)
NOTE: The list is not exclusive. There are other
exceptions laid down by special laws and
jurisprudence.
Q: What are the Requisites for DYING
DECLARATIONS?
A:
1. Declaration is made by dying person
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2. Made under the consciousness of an
impending death
3. Must relate to the cause and circumstances
surrounding declarant’s death (not the death
of another person)
4. Declaration is offered in a case where
declarant’s death is the subject of inquiry
5. That the declarant would have been
competent to testify had he survived.
6. Declarant should have died. (Rule 130, Sec.
37)
NOTE: Dying declarations are admissible in both
civil and criminal cases.
Q: What are the Requisites fo r DECLARATION
AGAINST INTEREST?
A:
1. Declarant must not be available to testify due
to death, mental incapacity, or physical
incompetence, or outside the territorial
jurisdiction of the country if exact whereabouts
are unknown.
2. The declaration must concern a fact
cognizable by the declarant.
3. The circumstances must render it improbable
that a motive to falsify existed. (Rule 130, Sec.
38)
Q: What are the requisites for act or
declaration about pedigree?
A:
1. Declarant is dead or unable to testify;
2. Necessity that pedigree be in issue;
3. Declarant is a relative of the person whose
pedigree is in question;
4. Declaration was made before the controversy
occurred; and
5. The relationship between the declarant and
the person whose pedigree is in question must
be shown by evidence other than such act or
declaration. (Rule 130, Sec. 39)
NOTE: Where the subject of the declaration is the
pedigree of the declarant, it must be shown by
evidence other than such act or declaration. (Rule
130, Sec. 39)
Q: What are the requisites for Family
reputation or tradition regarding pedigree?
A:
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1. There is controversy in respect to the pedigree
of any member of a family;
2. The reputation or tradition of the pedigree of
the person concerned existed previous to the
controversy; and
3. The witness testifying to the reputation or
tradition regarding the pedigree of the person
concerned must be a member of the family of
said person either by consanguinity or affinity.
(Rule 130, Sec. 40)
Q: What may be Established by Common
Reputation?
A:
1. Facts of public or general interest more than
30 years old.
2. Marriage and related facts.
3. Individual moral character. (Rule 130, Sec. 41)
Q: What are the requisites for Adm issibility of
Common Reputation Respecting Facts of
Public or General Interest?
A:
1. The facts must be of public or general interest;
2. The common reputation must have been
ancient, i.e., more than thirty (30) years old;
3. The reputation must have been formed among
a class of persons who were in a position to
have some sources of information and to
contribute intelligently to the formation of the
opinion; and
4. The reputation must have been existing
previous to the controversy. (Rule 130, Sec.
41)
Q: What are the requisites for Adm issibility of
Common Reputation Respecting Moral
Character?
A:
1. That it is the reputation in the place where the
person in question is best known; and
2. That it was formed previous to the
controversy. (People v. Alegado, G.R. No.
93030-31, 1991)
Q: What are the 2 types o f res gestae
utterances?
A:
a. Spontaneous Statements
Requisites:
1. There must be a startling occurrence;
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2. The statement must be made before the
declarant had the time to contrive or devise a
falsehood, and
3. The statement must concern the occurrence in
question and its immediate attending
circumstances. (People v. Estibal, G.R. No.
208749, 2014)
b. Verbal Acts - utterances which accompany
some equivocal act or conduct to which it is
desired to give a legal effect.
Requisites:
1. Act or occurrence characterized must be
equivocal;
2. Verbal acts must characterize or explain the
equivocal act;
3. Equivocal act must be relevant to the issue;
and
4. Verbal acts must be contemporaneous with
equivocal act
(Talidano v. Falcom, G.R. No. 172031, 2008)
Q: What is the difference between Res Gestae
and Dying Declaration?
A:
DYING
RES GESTAE
DECLARATION
It is the event itself A sense of impending
which is speaking death takes the place
through the witness of an oath and the law
regards the declarant
as testifying
It may precede, Confined to matters
accompany or follow surrounding or
the events occurring occurring after the
as a part of the homicidal act. (People
principal act (People v. Peralta, G.R. No.
v. Peralta, G.R. No. 94570, 1994)
94570, 1994)
Q: RTC convicted X for the crime of Murder of Y.
X shot Y and as Y being rushed to the hospital, he
told his stepson and wife that it was X who shot
him. Y did not survive and died thereafter. The
RTC held that Y’s statements prior to his death
constituted an ante mortem statement and formed
part of the res gestae, and, thus, admissible as
evidence against X. The CA affirmed this. Should
X’s conviction for the crime of Murder be upheld?
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A: (PERLAS-BERNABE) Yes. In the case at bar,
Y’s statements constitute a dying declaration,
given that they pertained to the cause and
circumstances of his death and taking into
consideration the number and severity of his
wounds, it may be reasonably presumed that he
uttered the same under a fixed belief that his own
death was already imminent Y’s statements may
likewise be deemed to form part of the res gestae.
Res gestae refers to the circumstances, facts, and
declarations that grow out of the main fact and
serve to illustrate its character and are so
spontaneous and contemporaneous with the main
fact as to exclude the idea of deliberation and
fabrication. The test of admissibility of evidence as
a part of the res gestae is, therefore, whether the
act, declaration, or exclamation is so intimately
interwoven or connected with the principal fact or
event that it characterizes as to be regarded as a
part of the transaction itself, and also whether it
clearly negates any premeditation or purpose to
manufacture testimony. While on his way to the
hospital, Y had no time to contrive the identification
of his assailants. Hence, his utterance was made
in spontaneity and only in reaction to the startling
occurrence of being shot by X. (People v. Palanas,
G.R. No. 214453, June 17, 2015)
Q: What are the requisites fo r entries in the
course of business?
A:
1. Person who made the entry must be dead or
unable to testify
2. Entries must have been made at or near the
time of the transaction to which they refer;
3. Entrant must have been in a position to know
the facts stated in the entries;
4. Entries must have been made by entrant in his
professional capacity or in the performance of
his duty;
5. Entries were made in the ordinary or regular
course of business or duties. (Rule 130, Sec.
43)
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Q: What is the difference between the
Business Records Exception to Hearsay under
the Rules on Evidence and under the Rules on
Electronic Evidence?
A:
UNDER RULES ON
UNDER THE RULES
ELECTRONIC
OF EVIDENCE
EVIDENCE
The person who made The person who
the entry must be dead made the entry need
or unable to testify not be dead or
unable to testify
The entrant/custodian Personal knowledge
must have personal is not required
knowledge of the facts
stated in the entries
(Rule 130, Sec. 43 & Rule 8, REE)
Q: What are the requisites fo r entries in official
records?
A:
1. Entry was made by a public officer, or by
another person, specially enjoined by law to
do so;
2. That it was made by the public officer in the
performance of his duties, or by such other
person in the performance of a duty specially
enjoined by law; and
3. That the public officer or other person had
sufficient knowledge of the facts stated by him,
which must have been acquired by him
personally or through official information.
(Africa v. Caltex,, G.R. No. L-12986, 1966)
Q: What are the requisites fo r commercial lists
and the like?
A:
1. It is a statement of matters of interest to persons
engaged in an occupation;
2. Such statement is contained in a list, register,
periodical or other published compilation;
3. Said compilation is published for the use of
persons engaged in that occupation, and
4. It is generally used and relied upon by persons
in the same occupation. (Rule 130, Sec. 45)
Q: What are the requisites for learned
treatises?
A:
1. A published treatise, periodical or pamphlet on
a subject of history, law, science, or art
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2. Offered to prove the truth of a matter stated
therein
3. Court takes judicial notice, or a witness expert
in the subject testifies, that the writer of the
statement in the treatise, periodical or
pamphlet is recognized in his profession or
calling as expert in the subject. (Rule 130,
Sec. 46)
Q: What are the requisites fo r testimony or
deposition at a formal trial:
A:
1. The witness whose testimony is offered in
evidence is dead or unable to testify;
2. Identity of parties;
3. Identity of issues; and
4. Opportunity of cross-examination of witness.
NOTE: Actual cross-examination of the witness in
the former trial is not a prerequisite. It is enough if
there was an opportunity to cross-examine. (Rule
130, Sec. 47)
Q: Are opinions admissible in evidence?
A: The opinion of a witness is not admissible.
Exceptions:
1. Opinion of expert witness (Rule 130,
Section 49)
2. Opinion of ordinary witness (Rule 130,
Section 50)
Q: What are the rules on expert witnesses?
A: The opinion of a witness on a matter requiring
special knowledge, skill, experience or training
which he shown to possess, may be received in
evidence. (Rule 130, Sec. 49)
Q: When may the opinion o f a witness for
which proper basis is given be received in
evidence?
A:
1. The identity of a person about whom he has
adequate knowledge
2. A handwriting with which he has sufficient
familiarity; and
3. The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of
the emotion, behavior, condition or appearance of
a person. (Rule 130, Sec. 50)
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Q: When can character evidence be admitted?
A: The general rule is character is not admissible
in evidence. (Rule 30, Section 51).
Character evidence may only be admissible in
evidence in:
(a) CRIMINAL CASES -
a) The accused may prove his good moral
character, which is pertinent to the moral trait
involved in the offense charged.
b) The prosecution may prove his bad moral
character pertinent to the moral trait involved
in the offense charged in rebuttal.
In rebuttal, the prosecution may present evidence
that the Accused has a reputation for being a
quarrelsome person
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. (Rule 130, Section 51(a))
and in (b) CIVIL CASES -
when the evidence of the moral character of a
party in a civil case is admissible only when
pertinent to the issue of character involved in the
case. (Rule 130, Section 51(h)).
Q: What is the reckoning period for the
determination of the character of the person?
A: Settled is the principle that evidence of one’s
character or reputation must be confined to a time
not too remote from the time in question. In other
words, what is to be determined is the character or
reputation of the person at the time of the trial and
prior thereto, but NOT at a period remote from the
commencement of the suit. (CSC v. Belagan, G.R.
No. 132164, 2004)
L. OFFER AND OBJECTION
Q: What is the rule on offer of evidence?
A: The court shall consider no evidence which has
not been formally offered. The purpose for which
the evidence is offered must be specified. (Rule
132, Sec. 34)
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Q: What are the exceptions to the formal offer
rule?
A:
1 the same must have been duly identified by
testimony duly recorded, and
2 . the same must have been incorporated in the
records of the case. (People v Libnao, G.R. No.
13860, 2003)
3. Exhibits which were not formally offered by the
prosecution but were repeatedly referred to in
the course of the trial by the counsel of the
accused. (People v. Vivencio De Roxas et al,
G.R No. L-16947, 1962)
4. Evidence which have not been formally offered,
but 1) have been duly identified by testimony
duly recorded, and 2) have been incorporated
to the records of the case. (Guyamin v. Flores,
G.R. No. 202189, April 25, 2017)
Q: Why is offer of evidence necessary?
A: Formal offer is necessary because it is the duty
of the judge to rest his findings of facts and his
judgment only and strictly upon the evidence
offered by the parties at the trial. (Candido, v CA,
G.R. No. 107493, 1996
Q: How is evidence offered?
A: The purpose for which the evidence is offered
must be specified. (Rule 132, Sec. 34)
Q: Why must the purpose of the evidence be
specified?
A: Evidence submitted for one purpose may not
be considered for any other purpose. Such
evidence may be admissible for several purposes
under the doctrine of multiple admissibility, or may
be admissible for one purpose and not for another;
otherwise the adverse party cannot interpose the
proper objection. (Catuira v. CA, G.R. No. 105813,
1994)
NOTE:
1. A party who has introduced evidence is NOT
entitled as a matter of right to withdraw it on
finding that it does not answer his purpose.
2. A party has the option of not offering into
evidence the evidence identified at the trial
and marked as an exhibit. The party may
decide to formally offer it if it believes this will
advance its cause, and then again it may
decide not to do so at all. (Interspecific Transit
v. Aviles, G.R. No. 86062, 1990)
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Q: When to make an offer? document must be made immediately after the

A:
DOCUMENTARY
TESTIMONIAL
AND OBJECT
EVIDENCE
EVIDENCE
It shall be offered after
the presentation of a
The offer must be party’s testimonial
made at the time the evidence.
witness is called to
testify. (Rule 132, Such offer shall be
Sec. 35) done orally unless
allowed by the court to
be done in writing.
(Rule 132, Sec. 35)
offer is made.
2. As to evidence offered in writing - to a
question put to a witness or to prevent the
receipt of a document shall be objected within
period allowed by the court.
3. As to questions propounded in the course
of the oral examination - to questions
propounded in the course of the oral
examination or to prevent the receipt of a
document shall be made as soon as the
grounds therefor shall become reasonably
apparent.
In any case, the grounds for the objections must
be specified.

Q: What are the purposes o f objections? Q: What are the rules on objections in relation
A: to the type of evidence offered?
1. To keep out inadmissible evidence that would A:
cause harm to a client’s cause. The rules of WHEN WHEN IT MAY
evidence are not self-operating and hence, OFFERED BE OBJECTED
must be invoked by way of an objection; When the
2. To protect the record, i.e. to present the issue same is
of inadmissibility of the offered evidence in a presented for
way that if the trial court rules erroneously, the its view or
error can be relied upon as a ground for a evaluation, as
Should be made
future appeal; in ocular
either at the time
3. To protect a witness from being embarrassed inspection or
it is presented in
on the stand or from being harassed by the demonstratio
Object an ocular
adverse counsel; ns, or when
evidence inspection or
4. To expose the adversary’s unfair tactics like the party rests
demonstrations
his consistently asking obviously leading his case and
or when it is
questions; the real
formally offered.
5. To give the trial court an opportunity to correct evidence
its own errors and, at the same time, warn the consists of
court that a ruling adverse to the objector may objects
supply a reason to invoke a higher court’s exhibited in
appellate jurisdiction; and court.
6. To avoid a waiver of the inadmissibility of an
otherwise inadmissible evidence. (Riano,
Evidence, 517-518)
7. To stop an answer to a question put to a
witness or to prevent the receipt of a document
in evidence until the court has had opportunity
to make a ruling upon its admissibility.

Q: What are the rules on objections in relation

how evidence was offered?
A:
1. As to evidence offered orally - to a question
put to a witness or to prevent the receipt of a
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As to the admissibility becomes apparent, otherwise the

qualification of objection will be considered waived and such
the witness - evidence will form part of the records of the case
should be made as competent and admissible evidence. (Chua v.
at the time he is CA, G.R. No. 109840, 1999). At this point, the
called to the court has no power, on its own motion, to
stand and disregard the evidence. (People v. Yatco, G.R. No.
immediately after L-9181, 1955)
the opposing
party offers Q: What is the rule on repetition of objection?
When witness
his/her A: When it becomes reasonably apparent in the
is called to the
Testimo testimony. course of the examination of a witness that the
witness
nial If otherwise questions being propounded are of the same class
stand, before
evidence qualified as those to which objection has been made,
he/she
objection should whether such objection was sustained or
testifies
be raised when overruled, it shall not be necessary to repeat the
the objectionable objection, it being sufficient for the adverse party
question is asked to record his/her continuing objection to such class
or after the of question. (Rule 132, Sec. 37)
answer is given if
the objectionable Q: When must the ruling of the court be given?
features became A:
apparent by General Rule: The ruling of the court must be
reason of such given immediately after the objection is made.
answer.
Formally Exception: Unless the court desires to take a
offered by the reasonable time to inform itself on the question
proponent presented.
after the
presentation At the time it is However, notwithstanding the exception, the ruling
Docume
of his/her last formally offered. shall always be made:
ntary
witness and (Francisco, 1. During the trial; and
evidence
before he supra) 2. At such time as will give the party against
rests his whom it is made an opportunity to meet the
case. situation presented by the ruling. (Rule 132,
(Francisco, Sec. 38)
supra)
Q: When must the reason for a ruling be
NOTES: stated?
1. An objection to evidence cannot be made in A: The reason for sustaining or overruling an
advance of the offer of the evidence sought to objection need not be stated. However, if the
be introduced. objection is based on two or more grounds, a
2. Objection to evidence cannot be raised for the ruling sustaining the objection on one or some of
first time on appeal. (People v. Jimmy Gabuya them must specify the ground or grounds relied
y Adlawan, G.R. No. 195245, February 16, upon. (Rule 132, Sec. 38)
2015)
Q: How are rulings of the trial court on
Q: What is the importance of offer and procedural questions and on adm issibility of
objection in relation to admissibility? evidence challenged?
A: Any objection to the admissibility of evidence A: The rulings of the trial court on procedural
should be made at the time such evidence is questions and on admissibility of evidence during
offered or as soon thereafter as the objection to its the course of a trial are interlocutory in nature and

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may not be the subject of separate appeals or A:

review on certiorari. These are to be assigned as
errors and reviewed in the appeal taken from the
trial court on the merits of the case. (Gatdula v.
People, G.R. No. 140688, Jan. 26, 2001)
Q: What is the rule on striking out an answer?
A: An objection to questions propounded in the
course of oral examination must be interposed as
soon as the ground(s) become evident. Failure to
interpose a timely objection may be taken as a
waiver of the right to object and the answer will be
admitted.
Q: What are the exceptions on the rule on
striking out an answer?
A: A motion to strike out the answer is available as
a remedy where:
1. A witness answers a question after an
objection has been sustained;
2. The irrelevance of the evidence becomes
apparent only after an objection has been
overruled;
3. Where a witness answers a question before
an attorney can object. (Rule 132, Sec. 39)
1. To inform the court what is expected to be
proved.
2. So that a higher court may determine from the
record whether the proposed evidence is
competent.
Q: What is the rule on Tender of Excluded
Evidence?
A:
1. If the excluded evidence is documentary or
object - the offeror may have the same
attached to or made part of the record. (Rule
132, Sec. 40)
2. If the evidence excluded is oral - If the
evidence excluded is oral attached to or made
part of the record

Q: How may an answer be stricken o ff the

record?
A:
1. On initiative of the court - Should a witness
answer the question before the adverse party
had the opportunity to voice fully its objection
to the same, and such objection is found to be
meritorious, the court shall sustain the
objection and order the answer given to be
stricken off the record.
2. On motion of party - of answers, which are
incompetent, irrelevant, or otherwise
improper.

Q: What is tender o f excluded evidence?

A: Where the court refuses to permit the counsel
to present evidence which he thinks is competent,
material and necessary to prove his case, the
method to properly preserve the record to the end
that the question may be saved for the purpose of
review during appeal, is through the making of an
offer of proof. (Jose Catacutan v. People, G.R. No.
175991, August 31, 2011)

Q: What are the purposes of the rule on tender

of excluded evidence?

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I IX. WRIT OF AMPARO | Q: Is W rit of Amparo the proper remedy for

child custody?
Q: When is a Writ of Amparo available?
A: The remedy of Writ of Amparo is available to A: No. If the child is not missing but the parent is
those whose right to life, liberty and security is merely asserting her parental authority over the
violated or threatened with violation by an child and contesting custody over him, the Writ of
unlawful act or omission of a public official or Amparo is not the proper remedy (infant Juliian
employee or a private individual or entity. It Yusa y Caram v. Segui, G.R. No. 193652, 2014).
covers extra-legal killings and enforced
disappearances or threats thereof (Sec. 1, A M . X, WRIT OF HABEASDATA |
No. 07-9-12-SC).
Q: When is a Writ of Habeas Data available?
Q: What is the limitation of the Writ o f Amparo?
A: The Writ of Amparo covers extra-legal killings A: The Writ of Habeas Data is available when the
and enforced disappearances or threats thereof right of any person to privacy in life, liberty o r
(Sec. 1, A M . No. 07-9-12~SC). security is violated or threatened by an unlawful
act or omission of a public official or employee, or
Q: What is the remedy in case of denial of of a private individual or entity engaged in the
petition for Writ of Amparo? gathering, collecting or storing of data or
A: Ordinary appeal information regarding the person, family, home
1. The period of appeal shall be five (5) working and correspondence of the aggrieved party (Sec.
days from the date of notice of the adverse 1, AM . No. 08-1-16-SC).
judgment.
2. Appeal shall be made directly to the Supreme Q: What are the periods fo r appeal fo r the
Court under Rule 45 where questions of fact or of different special proceedings?
law or both may be raised (Sec. 19, AM. No. 07- A:
9-12-SC). PROCEEDING DEADLINE TO FILE
AN APPEAL
Q: is complete detail of violation of victim ’s Special Proceedings 15 days from notice of
rights required? the order or judgment
appealed from OR 30
A: No. The Amparo petitioner needs only to days from notice of
properly comply with the substance and form the order or judgment
requirements of a Writ of Amparo petition, and appealed from if the
prove the allegations by substantial evidence, an case involves multiple
Amparo proceeding is summary in nature (Section appeals
13), and the use of substantial evidence as the Writ of Habeas 48 hours from service
required level of proof reveal the clear intent of the corpus of judgment
framers of the Amparo Rule to have the equivalent Writ of amparo 5 working days from
of an administrative proceeding, albeit judicially notice of judgment
conducted, in addressing Amparo situations Writ of habeas data 5 working days from
(Razon v. Tagitis, G.R. No. 182498, 2009). notice of judgment
Writ of kalikasan 15 days from notice of
judgment or denial of
motion for
reconsideration

PAGE 152 OF 152

 ANNEX A: Comparative Table: Habeas Corpus, Amparo, Habeas Data
WRIT OF HABEAS CORPUS
Governing law Rules of Court - Rule 102
Definition 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.
Who may file Shall be bv Detition sianed and Shall be bv Detition sianed and
verified
(1) Either the party for whose
relief it is intended or
(2) by some person on his
behalf
WRIT OF AMPARO
A.M. No. 07-9-12-SC
Remedy available to any person
whose right to life, liberty and
security is violated or threatened
with violation by an unlawful act or
omission of a public official or
employee, or of a private
individual or entity.
The writ shall cover extralegal
killings and enforced
disappearances or threats thereof.
verified
(1) Aggrieved party or
(2) Any qualified person or
entity
In the following order:
1. Any member of the
immediate family (spouse,
children and parents of the
aggrieved party)
2. Any ascendant,
descendant or collateral
relative of the aggrieved
party within the 4th civil
degree of consanguinity or
affinity, or
3. Any concerned citizen,
organization, association
or institution, if there is no
WRIT OF HABEAS DATA
A. M. No. 08-1-16-SC
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.
Shall be bv Detition verified
Any aggrieved party.
However, in cases of extralegal
killings and enforced
disappearances, the petition may
be filed by:
(a) Any member of the immediate
family of the aggrieved party
(spouse, children and parents)
or
(b) Any ascendant, descendant or
collateral relative of the
aggrieved party within the
fourth civil degree of
consanguinity or affinity
 known member of the
immediate family or
relative of the aggrieved
party.

Where to file Enforceable anywhere in the (1) Regional Trial Court of the
Philippines: place where the threat, act
(1) Sandiganbayan or omission was
(2) Court of Appeals committed or any of its
(3) Supreme Court elements occurred
(2) Sandiganbayan, the Court
Enforceable in the Judicial District: of Appeals, the Supreme
(1) Regional Trial Court Court, or any justice of
such courts. The writ shall
be enforceable anywhere
in the Philippines.
(1) Regional Trial Court where the
petitioner or respondent
resides, or that which has
jurisdiction over the place
where the data or information
is gathered, collected or
stored, at the option of the
petitioner.
(2) Supreme Court or the Court of
Appeals or the Sandiganbayan
when the action concerns
public data files of government
offices.

Record of writ, fees, and costs
The proceedings upon a writ of No docket fees No docket fees
habeas corpus shall be recorded
by the clerk of the court, and upon
the final disposition of such
proceedings the court or judge
shall make such order as to costs
as the case requires.

The fees of officers and witnesses

shall be included in the costs
taxed, but no officer or person
shall have the right to demand
payment in advance of any fees to
which he is entitled by virtue of the
proceedings.

When a person confined under

color of proceedings in a criminal
case is discharged, the costs shall
be taxed against the Republic of
 the Philippines, and paid out of its
Treasury; when a person in
custody by virtue or under color of
proceedings in a civil case is
discharged, the costs shall be
taxed against him, or against the
person who signed the application
for the writ, or both, as the court
shall direct.

Contents of petition Application for the writ shall be by 1. The personal 1. The personal
petition signed and verified either circumstances of the circumstances of the
by the party for whose relief it is petitioner; petitioner and the
intended, or by some person on 2. The name and personal respondent;
his behalf, and shall set forth: circumstances of the 2. The manner the right to
respondent; if the name is privacy is violated or
(a) That the person in whose unknown or uncertain, the threatened and how it
behalf the application is made respondent may be affects the right to life,
is imprisoned or restrained on described by an assumed liberty or security of the
his liberty; appellation; aggrieved party;
3. The right to life, liberty and 3. The actions and recourses
(b) The officer or name of the security of the aggrieved taken by the petitioner to
person by whom he is so party violated or secure the data or
imprisoned or restrained; or, if threatened with violation information;
both are unknown or by an unlawful act or 4. The location of the files,
uncertain, such officer or omission of the registers or databases, the
person may be described by respondent, and how such government office, and the
an assumed appellation, and threat or violation is person in charge, in
the person who is served with committed with the possession or in control of
the writ shall be deemed the attendant circumstances the data or information, if
person intended; detailed in supporting known;
affidavits; 5. The reliefs prayed for,
(c) The place where he is so 4. The investigation which may include the
imprisoned or restrained, if conducted, if any, updating, rectification,
known; specifying the names, suppression or destruction
personal circumstances, of the database or
(d) A copy of the commitment or and addresses of the information or files kept by
cause of detention of such investigating authority or the respondent. In case of
person, if it can be procured individuals, as well as the threats, the relief may
 without impairing the
efficiency of the remedy; or, if
the imprisonment or restraint
is without any legal authority,
such fact shall appear.
Issuance of w rit May be granted by the Supreme
Court, or any member thereof in
the instances authorized by law,
and if so granted it shall be
enforceable anywhere in the
Philippines, and may be made
returnable before the court or any
member thereof, or before a Court
of First Instance, or any judge
thereof for the hearing and
decision on the merits. It may also
be granted by a Court of First
Instance, or a judge thereof, on
any day and at any time, and
returnable before himself,
enforceable only within his judicial
district.
(Sec 2)
A court or judge authorized to
grant the writ must, when a
petition therefor is presented and it
appears that the writ ought to
manner and conduct of include a prayer for an
the investigation, together order enjoining the act
with any report; complained of; and
5. The actions and recourses 6. Such other relevant reliefs
taken by the petitioner to as are just and equitable.
determine the fate or
whereabouts of the
aggrieved party and the
identity of the person
responsible for the threat,
act or omission; and
6. The relief prayed for.
The petition may include a general
prayer for other just and equitable
reliefs.
Upon the filing of the petition, the Upon the filing of the petition, the
court, justice or judge shall court, justice or judge shall
immediately order the issuance of immediately order the issuance of
the writ if on its face it ought to the writ if on its face it ought to
issue. The clerk of court shall issue. The clerk of court shall
issue the writ under the seal of the issue the writ under the seal of the
court; or in case of urgent court and cause it to be served
necessity, the justice or the judge within three (3) days from the
may issue the writ under his or her issuance; or, in case of urgent
own hand, and may deputize any necessity, the justice or judge may
officer or person to serve it. issue the writ under his or her own
hand, and may deputize any
officer or person serve it.
 issue, grant the same forthwith,
and immediately thereupon the
clerk of the court shall issue the
writ under the seal of the court; or
in case of emergency, the judge
may issue the writ under his own
hand, and may depute any officer
or person to serve it.
(Sec 5)

When w rit not allowed If it appears that the person

alleged to be restrained of his
liberty is in the custody of an
officer under process issued by a
court or judge or by virtue of a
judgment or order of a court of
record, and that the court or judge
had jurisdiction to issue the
process, render the judgment, or
make the order, the writ shall not
be allowed; or if the jurisdiction
appears after the writ is allowed,
the person shall not be discharged
by reason of any informality or
defect in the process, judgment, or
order. Not shall anything in this
rule be held to authorize the
discharge of a person charged
with or convicted of an offense in
the Philippines, or of a person
suffering imprisonment under
lawful judgment.

To whom w rit directed In case of imprisonment or The writ shall be served upon the The writ shall be served upon the
restraint by an officer, the writ respondent. respondent.
shall be directed to him, and shall
command him to have the body of
the person restrained of his liberty

Penalty for refusing to issue or
serve the w rit
before the court or judge
designated in the writ at the time
and place therein specified. In
case of imprisonment or restraint
by a person not an officer, the writ
shall be directed to an officer, and
shall command him to take and
have the body of the person
restrained of his liberty before the
court or judge designated in the
writ at the time and place therein
specified, and to summon the
person by whom he is restrained
then and there to appear before
said court or judge to show the
cause of the imprisonment or
restraint.
A clerk of a court who refuses to A clerk of court who refuses to Same as Writ of Amparo
issue the writ after allowance issue the writ after its allowance,
thereof and demand therefor, or a or a deputized person who refuses
person to whom a writ is directed, to serve the same, shall be
who neglects or refuses to obey or punished by the court, justice or
make return of the same judge for contempt without
according to the command prejudice to other disciplinary
thereof, or makes false return actions.
thereof, or who, upon demand
made by or on behalf of the
prisoner, refuses to deliver to the
person demanding, within six (6)
hours after the demand therefor, a
true copy of the warrant or order of
commitment, shall forfeit to the
party aggrieved the sum of one
thousand pesos, to be recorded in
a proper action, and may also be
punished by the court or judge as
for contempt.
How w rit is served The person to be produced should The writ shall be served upon the Same as Writ of Amparo
be designated in the writ by his respondent by a judicial officer or
name, if known, but if his name is by a person deputized by the
not known he may be otherwise court, justice or judge who shall
described or identified. The writ retain a copy on which to make a
may be served in any province by return of service. In case the writ
the sheriff or other proper officer, cannot be served personally on
or by a person deputed by the the respondent, the rules on
court or judge. Service of the writ substituted service shall apply.
shall be made by leaving the
original with the person to whom it
is directed and preserving a copy
on which to make return or
service. If that person cannot be
found, or has not the prisoner in
his custody, then the service shall
be made on any other person
having or exercising such custody.

Who files return The return or statement shall be Respondent Respondent

sianed bv the person who makes
it; and shall also be sworn by him
if the prisoner is not produced, and
in all other cases unless the return
is made and signed by a sworn
public officer in his official capacity

Contents of return When the person to be produced 1. The lawful defenses to
is imprisoned or restrained by an show that the respondent
officer, the person who makes the did not violate or threaten
return shall state therein, and in with violation the right to
other cases the person in whose life, liberty and security of
custody the prisoner is found shall the aggrieved party,
state, in writing to the court or througn any act or
judge before whom the writ is omission;
returnable, plainly and 2. The steps or actions taken
unequivocably: by the respondent to
determine the fate or
(a) Whether he has or has not the whereabouts of the
1. The lawful defenses such
as national security, state
secrets, privileged
communications,
confidentiality of the
source of information of
media and others;
2. In case of respondent in
charge, in possession or
in control of the data or
information subject of the
 party in his custody or power,
or under restraint;
(b) If he has the party in his
custody or power, or under
restraint, the authority and the
true and whole cause thereof,
set forth at large, with a copy
of the writ, order execution, or
other process, if any, upon
which the party is held;
(c) If the party is in his custody or
power or is restrained by him,
and is not produced,
particularly the nature and
gravity of the sickness or
infirmity of such party by
reason of which he cannot,
without danger, be bought
before the court or judge;
(d) If he has had the party in his
custody or power, or under
restraint, and has transferred
such custody or restraint to
another, particularly to whom,
at what time, for what cause,
and by what authority such
transfer was made.
 aggrieved party and the petition;
person or persons (i) a disclosure of the data
responsible for the threat, or information about
act or omission; the petitioner, the
3. All relevant information in nature of such data or
the possession of the information, and the
respondent pertaining to purpose for its
the threat, act or omission collection;
against the aggrieved (ii) the steps or actions
party; and taken by the
4. If the respondent is a respondent to ensure
public official or employee, the security and
the return shall further confidentiality of the
state the actions that have data or information;
been or will still be taken: and,
1. to verify the identity of the (iii) the currency and
aggrieved party; accuracy of the data or
2. to recover and preserve information held; and,
evidence related to the
death or disappearance of 3. Other allegations relevant to
the person identified in the the resolution of the proceeding.
petition which may aid in
the prosecution of the
person or persons
responsible;
3. to identify witnesses and
obtain statements from
them concerning the death
or disappearance;
4. to determine the cause,
manner, location and time
of death or disappearance
as well as any pattern or
practice that may have
brought about the death or
disappearance;
5. to identify and apprehend
the person or persons
involved in the death or
 disappearance; and
6. to bring the suspected
offenders before a
competent court.
A general denial of the allegations
in the petition shall not be allowed.

How executed and returned The officer to whom the writ is The officer who executed the final
directed shall convey the person judgment shall, within 3 days from
so imprisoned or restrained, and its enforcement, make a verified
named in the writ, before the judge return to the court. The return shall
allowing the writ, or in case of his contain a full statement of the
absence or disability, before some proceedings under the writ and a
other judge of the same court, on complete inventory of the
the day specified in the writ, database or information, or
unless, from sickness or infirmity documents and articles inspected,
of the person directed to be updated, rectified, or deleted, with
produced, such person cannot, copies served on the petitioner
without danger, be bought before and the respondent.
the court or judge; and the officer
shall make due return of the writ, The officer shall state in the return
together with the day and the how the judgment was enforced
cause of the caption and restraint and complied with by the
of such person according to the respondent, as well as all
command thereof. (Sec 8) objections of the parties regarding
the manner and regularity of the
service of the writ.

Defect of form No writ of habeas corpus can be

disobeyed for defect of form, if it
sufficiently appears therefrom in
whose custody or under whose
restraint the party imprisoned or
restrained is held and the court or
judge before whom he is to be
bought.

Date and time of hearing When the writ is returned before The writ shall set the date and The writ shall set the date and
one judge, at a time when the time for summary hearing of the time for summary hearing of the
 court is in session, he may petition which shall not be later petition which shall not be later
forthwith adjourn the case into the than 7 days from the date of its than 10 work days from the date
court, there to be heard and issuance. of its issuance.
determined. The court or judge
before whom the writ is returned
or adjourned must immediately
proceed to hear and examine the
return, and such other matters as
are properly submitted for
consideration, unless for good
cause shown the hearing is
adjourned, in which event the
court or judge shall make such
order for the safekeeping of the
person imprisoned or restrained
as the nature of the case requires.
If the person imprisoned or
restrained is not produced
because of his alleged sickness or
infirmity, the court or judge must
be satisfied that it is so grave that
such person cannot be produced
without danger, before proceeding
to hear and dispose of the matter.
On the hearing the court or judge
shall disregard matters of form
and technicalities in respect to any
warrant or order of commitment of
a court or officer authorized to
commit by law.

Burden of proof Preponderance of evidence The parties shall establish their Substantial evidence
claims by substantial evidence.

If the respondent is:

(1) A private individual or
entity - must prove that
ordinary diligence as
required by applicable
 laws, rules and regulations
was observed in the
performance of duty.
(2) A public official or
employee - must prove
that extraordinary
diligence as required by
applicable laws, rules and
regulations was observed
in the performance of
duty. He cannot invoke the
presumption that official
duty has been regularly
performed to evade
responsibility or liability.

Appeal 48 hours from notice of judgment
appealed from by ordinary appeal
Any party may appeal from the
final judgment or order to the
Supreme Court under Rule 45.
The appeal may raise questions of
fact or law or both.
Same as Writ of Amparo
The appeal shall be given the
same priority as in habeas corpus
and amparo cases.

The period of appeal shall be 5

working days from the date of
notice of the adverse judgment.

The appeal shall be given the

same priority as in habeas corpus
cases.

Prohibited pleadings None 1. Motion to dismiss; Same as Writ of Amparo

2. Motion for extension of
time to file return,
opposition, affidavit,
position paper and other
pleadings;
3. Dilatory motion for
postponement;
4. Motion for a bill of
 particulars;
5. Counterclaim or cross-
claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare
respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration
of interlocutory orders or
interim relief orders; and
12. Petition for certiorari,
mandamus or prohibition
against any interlocutory
order.