Crim procedure

- 45 – 50
Office of the Ombudsman vs. Leticia Barbara B. Gutierrez, GR No. 189100, June 21, 2017

45. In administrative cases on appeal, may the Ombudsman intervene on appeal?

Yes. The Ombudsman has the legal standing to intervene on appeal in administrative cases
that it has resolved.

46. In administrative cases where the respondent was acquitted of the charges against him
or her in the quasi-legislative body, may the judgment of acquittal be appealed? Who may
appeal?

Yes. In a catena of cases, the Supreme Court had the opportunity to rule that the judgment
of acquittal in an administrative case may be appealed to the Court of Appeals. The
government party that can appeal is not the disciplining authority or tribunal which
previously heard the case and imposed the penalty. The government party appealing must
be the one that is prosecuting the administrative case against the respondent.

47. What is the nature of Intervention?

Jurisprudence describes intervention as a remedy by which a third party, not originally

impleaded in the proceedings, becomes a litigant therein to enable him or her or it to
protect or preserve a right or interest which may be affected by the proceedings.
Intervention is not a matter of right, but is addressed to the sound discretion of the courts.

48. In an administrative case, may the Ombudsman file a motion for intervention after the
Court of Appeals has already rendered its judgment?

No. The Rules of Court provides that a motion to intervene may be filed at any time before
rendition of the judgment. In this case, the Ombudsman should have filed its motion to
intervene before the Court of Appeals rendered its decision.

49. What is the reason for the strict observance of the period within which to intervene?

Intervention must be done timely, that is before judgment has been rendered. Undue delay
would result from many belated filings of motions for intervention after judgment has
already been rendered, because a reassessment of claims would have to be done. Thus,
those who slept on their lawfully granted privilege to intervene will be rewarded, while the
original parties will be unduly prejudiced.

Frederick F. Felipe vs. MGM Motor Trading Corporation, GR No. 191849, September 23,
2015

1150. What is the issue to be resolved in a demurrer to evidence?

Th e question to be resolved in a demurrer to evidence is whether the plaintiff has been

able to show that he is entitled to his claim.
Spec Pro 1-37

1. Contempt:
Is public disclosure of a disbarment proceeding punishable with contempt?

Yes.

Rule 139-B , Section 18 of the Rules of Court provide that proceedings against
attorneys shall be private and confidential (Confidentiality Rule). In one case, the SC
held that a good reputation is one of the best assets of a lawyer. Hence, the
confidentiality rule is, in part, intended to prevent the use of disbarment
proceedings as a tool to damage a lawyer’s reputation. Ultimately, the general rule is
public disclosure of a disbarment case may be punished with contempt.

2. Is the public disclosure of disbarment proceedings always a contemptuous act?

No. There are instances when the confidentiality rule gives way to the right of the
citizenry to be informed. Accordingly, matters of public interest should not be
censured for the sake of an unreasonably strict application of the confidentiality rule.

RP vs. Regina N. Cayanan (GR No. 181796, November 7, 2017)

3. What is the degree of evidence required in writ of amparo proceedings?

Substantial evidence is sufficient in proceedings for writ or amparo.

4. What is the degree if diligence required of the respondents in the return of a writ of
amparo?
The respondent must show in the return of the writ of amparo the observance of
extraordinary diligence.
5. What is the duty incumbent upon a respondent in a writ of amparo proceeding?
Once an enforced disappearance is established by substantial evidence, the relevant
State agencies, or the respondents, should be tasked to assiduously investigate and
determine the disappearance, and, if warranted, to bring to the bar of justice
whoever may be responsible for the disappearance.

Victoria Segovia et al. vs. The Climate Change Commission (GR 211010, March 7, 2017)

6. What are the requisites for the issuance of a writ of kalikasan?

For a writ of kalikasan to issue, the following requisites must concur:

a. there is an actual or threatened violation of the constitutional right to a balanced

and healthful ecology;

b. the actual or threatened violation arises from an unlawful act or omission of a

public official or employee, or private individual or entity; and
 c. the actual or threatened violation involves or will lead to an environmental damage
of such magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.
RP vs. Lorena Omapas Sali (GR No. 206023, April 3, 2017)

7. May a person validly petition the court to alter his or her name under Rule 108,
instead of Rule 103?

Yes. Jurisprudence holds that not all alteration allowed in one’s name are confined
under Rule 103 and that corrections for clerical errors may be set right under Rule
108. If the petitioner merely seeks to remove clerical fault or error in the first name, a
petition under Rule 108 is proper.

8. RA 9048 is the new law that governs change of first name. How did RA 9048 affect
Rules 103 and 108 of the Rules of Civil Procedure?

In one case, the Supreme Court explained that the intent and effect of the law is to
exclude the change of first name from the coverage of Rules 103 (Change of Name)
and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of
Court, until and unless an administrative petition for change of name under RA 9048
is filed with and subsequently denied by the city or municipal civil registrar. In sum,
the remedy and proceedings regulating change of first name are primarily
administrative in nature, not judicial.

9. What are the entries in the birth certificate that may be corrected administratively
under RA 9048?

The following entries in the birth certificate may be corrected administratively under
RA 9048:
a. Typographical errors and change of name;
b. The day and month in the date of birth;
c. The sex of a person when it is patently clear that there was a clerical or
typographical error or mistake.

10. What is the effect if there has been no proceedings for change of name and
correction of entries before the city or municipal civil registry before a Rule 103 or
Rule 108 Petition is filed in court?

If no proceedings for change of name and correction of entries were undergone before
the city or municipal civil registry before a Rule 103 or Rule 108 petition is filed in
court, the petition should be dismissed for failure to exhaust administrative
remedies.

Amparo Cruz et al. vs Angelito Cruz et al (GR No. 211153, February 28, 2018)

11. Within what period may the heirs in an executed extrajudicial settlement of
estate assail the validity of the partition which is procured with fraud and unjustly
exclude other heirs therefrom?
 In the case of an extra judicial settlement of estate which was procured with fraud
and which excludes other forced heirs is an invalid extrajudicial partition, the action
to have it annulled does not prescribe.

12. What is the effect if one or some of the heirs are excluded from the execution of
the extrajudicial settlement of estate?

The exclusion of other forced heirs in the extra-judicial partition renders the extra-
judicial partition null and void. No extrajudicial settlement shall be binding upon
parties who has not participated therein and had no notice thereof. As to the
excluded heirs, the two year prescriptive period to assail the validity of the partition
does not apply. Ultimately, the partition being null and void, the right to annul the
same does not prescribe.

Security Bank Corporation vs. Great Wall Commercial Press Company et al, GR No.
219345, January 30, 2017

13. What is a writ of Preliminary Attachment?

A writ of preliminary attachment is a provisional remedy issued upon the order of the
court where an action is pending. Through the writ, the property or properties of the
defendant may be levied upon and held thereafter by the sheriff as security for the
satisfaction of whatever judgment might be secured by the attaching creditor against
the defendant.

14. What is the purpose of a writ of Preliminary Attachment?

The provisional remedy of attachment is available in order that the defendant may
not dispose of the property attached, and thus prevent the satisfaction of any
judgment that may be secured by the plaintiff from the former.
Bicol Medical Center vs. Noe B. Botor et al, GR No. 214073, October 4, 2017

15. What is the purpose of a writ of Preliminary injunction?

A writ of preliminary injunction is issued to preserve the status quo ante, upon the
applicant's showing of two important requisite conditions, namely:
a. the right to be protected exists prima facie, and
b. the acts sought to be enjoined are violative of that right. It must be proven that
the violation sought to be prevented would cause an irreparable injustice
16. What are the grounds for the issuance of a writ of preliminary injunction?
Under the Rules of Court, the following are the grounds for the issuance of a writ of
preliminary injunction:

a. that the applicant is entitled to the relief demanded, and the whole or part of such
relief consists in restraining the commission or continuance of the act or acts
complained of: or in requiring the performance of an act or acts, either for a
limited period or perpetually;
b. That the commission, continuance or non-performance of the act or acts
complained of during the litigation would probably work injustice to the applicant;
or
 c. That a party, court, agency or a person is doing, threatening, or is attempting to
do, or is procuring or suffering to be done, some act or acts probably in violation
of the rights of the applicant respecting the subject of the action or proceeding,
and tending to render the judgment ineffectual.

17. What are the requisites to be established before a writ of preliminary

injunction is issued?
Jurisprudence has established that the following requisites must be proven first
before a writ of preliminary injunction, whether mandatory or prohibitory, may be
issued:
a. The applicant must have a clear and unmistakable right to be protected, that is a
right in esse;
b. There is a material and substantial invasion of such right;
c. There is an urgent need for the writ to prevent irreparable injury to the applicant;
and (4) No other ordinary, speedy, and adequate remedy exists to prevent the
infliction of irreparable injury.

17. What governs the proceeding for the cancellation or correction of any entry
concerning the civil status of persons which has been recorded in the civil register?

Rule 108 of the Revised Rules of Court governs the proceeding for the cancellation or
correction of any entry concerning the civil status of persons which has been recorded in
the civil register.

18. What constitutes Clerical error?

A clerical error is one which is visible to the eyes or obvious to the understanding; an
error made by a clerk or a transcriber; a mistake in copying or writing, or a harmless
change such as a correction of name that is clearly misspelled or of a misstatement of the
occupation of the parent.

19. What constitutes Substantial and controversial alterations?

Substantial and controversial alterations include those which may affect the
citizenship, legitimacy of paternity or filiation, or legitimacy of marriage.

20. Are substantial or contentious alterations allowed in adversarial proceedings?

Yes, substantial or contentious alterations may be allowed only in adversarial
proceedings, in which all interested parties are impleaded and due process is properly
observed.

21. Who are made parties to the Change of name proceeding?

Section 3, Rule 108 of the Rules of Court provides that the civil registrar and all
persons who have or claim any interest which would be affected by the cancellation or
correction of an entry in the civil register, shall be made parties to the proceeding.
22. Are substantial alterations allowed in an action filed under Rule 108?
Yes. The Court ultimately recognized that substantial or controversial alterations in
the civil registry are allowable in an action filed under Rule 108 of the Rules of Court, as
long as the issues are properly threshed out in appropriate adversarial proceedings
effectively limiting the application of the summary procedure to the correction of clerical or
innocuous errors.

23.Who are the made to be parties in a cancellation or correction proceedings?

The persons who must be made parties to a proceeding concerning the cancellation
or correction of an entry in the civil register are:

(1) the civil registrar, and

(2) all persons who have or claim any interest which would be affected thereby.

24. Enumerate the adversarial procedure to be followed in correcting substantial

errors.

Upon the filing of the petition, it becomes the duty of the court to-

(1) issue an order fixing the time and place for the hearing of the petition, and (

2) cause the order for hearing to be published once a week for three (3) consecutive
weeks in a newspaper of general circulation in the province.

The following are likewise entitled to oppose the petition: (1) the civil registrar, and
(2) any person having or claiming any interest under the entry whose cancellation or
correction is sought.

25. Is Rule 108 a summary proceeding?

No. The procedure laid down in Rule 108 is not a summary proceeding per se. It
requires publication of the petition; it mandates the inclusion as parties of all persons who
may claim interest which would be affected by the cancellation or correction; it also
requires the civil registrar and any person in interest to file their opposition, if any; and it
states that although the court may make orders expediting the proceedings, it is after
hearing that the court shall either dismiss the petition or issue an order granting the same.

26. May the requirements in Rule 103 be substituted with that of Rule 108?

No. The Court does not agree that the requirements under Rule 103 of the Rules of
Court may be substituted with that of Rule 108. These remedies are distinct and separate
from one another, and compliance with one rule cannot serve as a fulfillment of the
requisites prescribed by the other.
27. Is change of name only filed under Rule 103?

No. Changes in one's name are not necessarily confined to a petition filed under
Rule 103 of the Rules of Court. Rule 108, Section 2 of the Rules of Court include "changes
of name" in the enumeration of entries in the civil register that may be cancelled or
corrected.

28. May Habeas Corpus be used as post- judgment remedies?

Yes. jurisprudence has recognized that the writ of habeas corpus may also be availed
of as a post-conviction remedy when, as a consequence sentence as to circumstance of a
judicial proceeding, any of the following exceptional circumstances is attendant: 1) there
has been a deprivation of a constitutional right resulting in the restraint of a person; 2) the
court had no jurisdiction to impose the sentence; or 3) the imposed penalty has been
excessive, thus voiding the sentence as such excess.

29. What is the concern of Writ of Habeas Corpus in a court proceeding?

The inquiry on a writ of habeas corpus is addressed, not to errors committed by a

court within its jurisdiction, but to the question of whether the proceeding or judgment
under which the person has been restrained is a complete nullity.

30. What evidence is required to justify issuance of Writ of Amparo?

The petition for the writ of amparo partakes of a summary proceeding that requires
only substantial evidence to make the appropriate interim and permanent reliefs available
to the petitioner.

31. What kind of evidence is allowed in the issuance of a Writ of Amparo?

The proceedings related to the petition for the issuance of the writ of amparo should
allow not only direct evidence, but also circumstantial evidence. The Rules of Court has
made no distinction between direct evidence of a fact and evidence of circumstances from
which the existence of a fact may be inferred. One kind of evidence is not superior to the
other, for the trier of facts must weigh the evidence upon admission.

32. Is hearsay testimony considered in a writ of amparo proceeding?

Even hearsay testimony may be considered by the amparo court provided such
testimony can lead to conclusions consistent with the admissible evidence adduced.

33. May the incumbent Chief Executive be haled to court even for the limited
purpose under the Rules on the Writ of Habeas Data?
 No. presidential immunity from suit remained under our system of government,
despite not being expressly reserved in the 1987 Constitution, and declared that the
President could not be sued during her tenure.

34. Is suspension of privilege of the writ of habeas corpus reviewable by the Court?

The manner by which Congress approved the extension of martial law and the
suspension of the privilege of the writ of habeas corpus is a political question that is not
reviewable by the Court.

35. What are the limitations on the extension of martial law and suspension of writ
of habeas corpus?

The only limitations to the exercise of congressional authority to extend such

proclamation or suspension:

a) the extension should be upon the President's initiative;

b) it should be grounded on the persistence of the invasion or rebellion and the

demands of public safety; and

c) it is subject to the Court's review of the sufficiency of its factual basis upon the
petition of any citizen.

36. Is a Petition which seeks the release of petitioners from detention rendered
moot by their subsequent release from detention?

The Court reiterated that the release of the persons in whose behalf the application
for a writ of habeas corpus was filed is effected, the petition for the issuance of the writ
becomes moot and academic.

37. Is the filing of the petition for the issuance of a writ of Amparo before this Court
while the Habeas Corpus Petition before the CA still pending proper?

No. Even in civil cases pending before the trial courts, the Court has no authority to
separately and directly intervene through the writ of Amparo.

38. Is the question of ownership of properties belonging to the exclusive property of

a spouse within the jurisdiction of a probate court?

Yes. The court held that the question of ownership of certain properties, whether they
belong to the conjugal partnership or to the husband exclusively, is within the jurisdiction
of the probate court, which necessarily has to liquidate the conjugal partnership in order to
determine the estate of a decedent.(Bernardo v CA)

39. What is the meaning of liquidation?

It means determination of all the assets of the estate and payment of all the debts and
expenses.

40. What is the nature of the distribution proceeding of the decedent’s liquidated
estate?

The proceeding is in the nature of an action of partition in which each party is

required to bring into the mass whatever community property he has in his possession.
(Mutilan v Mutilan) GR No.216109

41. Determinatin of ownership over properties forming part of the estate in probate
court is provisional. To whom it is applicable?

This rule is applicable only as between the representatives of the estate and strangers
thereto. (Romero v CA)

42. What is meant by “well-founded belief” in the petition of the declaration of

Presumptive Death?

It depends upon the circumstances of each particular case. To be able to comply with this
requirement, the present spouse must prove that his/her belief was the result of diligent
and reasonable efforts and inquiries to locate the absent spouse and that based on these
efforts and inquiries, he/she believes that under the circumstances, the absent spouse is
already dead. It requires exertion of active effort. ( RP v Quinonez)

43 Is a Motion to Dismiss on the ground of improper venue in Rule 73 applicable in

an ordinary action?

No. Improper venue on the basis of Rule 73 refers exclusively to the special proceeding of
settlement of estate and not to ordinary civil actions. (Treyes v Larlar)

44 To whom is the provisions of Rule 74 Sec 4 barring distributes or heirs from

objecting to an extrajudicial partition after the expiration of two years from such
extrajudicial partition is applicable?

It is applicable only to person who have participated or taken part or had notice of
the extrajudicial partition and when the provision of Sec 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 represented by themselves or through guardians.( Treyes v
Larlar)

45 Can determination of legal heirs of a deceased be filed in an ordinary civil case?

No.Jurisprudence dictates that the determination of who are the legal heirs of the
deceased must be made in the proper special proceedings in court, and not in an ordinary
suit for recovery of ownership and possession of property. Trial courts cannot make a
declaration of heirship in the civil action for the reason that such a declaration can only be
made in a special proceedings.( Heirs of Teofilo Gabatan v CA)

46 Is the rule absolute?

No. By way of exception, the need to institute a separate special proceeding for the
determination of heirship may be dispensed with for the sake of practicality, as when the
parties in the civil case had voluntarily submitted the issue to the trial court and already
presented their evidence regarding the issue of heirship, and the RTC had consequently
rendered judgment thereon, or when a special proceeding had been instituted but had been
finally closed and terminated , and hence, cannot be reopened.( Treyes v Larlar)

47 Is there a need to file for separate judicial proceeding for declaration of heirs in
summary settlement of estates?

No. From the moment of death of the decedent, heirs become the absolute owners of
the decedent’s property. The heirs may undertake the extrajudicial settlement of the estate
of the decedent amongst themselves through the execution of a public instrument even
without a prior declaration in a separate judicial proceedings that they are the heirs of the
decedent. (Treyes v Larlar)

48 When may an heir assert his or her the property of a deceased relative?

No judicial declaration of heirship is necessary in order that an heir may assert his
or her right to the property of the deceased. This is upon a theory that the property of a
deceased person, both real and personal, becomes the property of the heir by the mere fact
of death of his predecessor in interest.(Treyes v Larlar)

49 What is an adoption?

It is the process of making a child, whether related or not to the adopter, possess in
general, the rights accorded to a legitimate child. It is a juridical act, a proceeding in rem
which creates a relationship that is similar to that which results from legitimate paternity
and filiation.( Hayashi v Office of the Solicitor Gen)

50 Can minor children be legally adopted without the written consent of a natural
parent on the ground the latter had abandoned them?

No. The written consent of the natural parent is indispensable for the validity of the
decree of adoption. However, if proven that there is abandonment, written consent of the
parent who abandoned the minor children may be dispensed with. (Cang v CA)

Evidence

1. Can circumstantial evidence alone can convict an accused?

Yes provided that there is more than once circumstance, the facts from which the
inferences are derived are proven and the combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt. People v Liberato Pentecostes

2. Can an accused who fled to avoid the police be taken as evidence of guilt?

Yes. In countless occasions, the court has held that the flight of an accused may be taken
as evidence to establish his guilt. The court stated that the wicked flee when no man
pursueth but the righteous are as bold as a lion. People v Liberato Pentecostes

3. How can an alibi and denial be proved?

 An alibi must be established by positive, clear and satisfactory proof that it was
physically impossible for the accusded to have been at the locus criminis at the time of the
commission and not merely that he was somewhere else. Also, it must be substantiated by
clear and convincing evidence, because such defenses are considered self-serving and are
bereft of weight in courts of law. People v Liberato Pentecostes

4.What is a demurrer to evidence?

It is a motion to dismiss on the ground of insufficiency of evidence. It is a remedy available

to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in
point of law, whether true or not, to make out a case or sustain an issue. Republic v De
Borja

5. What is a burden of proof?

It is the duty to establish the truth of a given proposition or issue by such quantum of
evidence as the law demands in the case at which the issue arises. Republic v De Borja

6. What is a preponderance of evidence?

Evidence which is of greater weight, or more convincing than that which is offered in
opposition to it. Republic v De Borja

7. Give the reason on the rule that “ the court shall consider no evidence which has
not been formally offered”

A formal offer is necessary because judges are mandated to rest their findings of facts and
their judgment only and strictly upon the evidence offered by the parties at the trial. Its
function is to enable the trial judge to know the purpose/s for which the proponent is
presenting the evidence. It also allows opposing parties to examine the evidence and object
to its admissibility. Republic v Gimenez

8. What is the effect if an evidence is not formally offered?

Evidence not formally offered has no probative value and must be excluded by the court.
Republic v Gimenez

30-50

G.R. No. 219955

February 5, 2018

PEOPLE OF THE PHILIPPINES

vs.

GLENN DE GUZMAN y DELOS REYES

 9. Stated Simply what are the guidelines to show that the unbroken chain of custody of
seized dangerous drugs?
In simpler terms, the following links must be established in order to ensure that the
identity and integrity of the seized items had not been compromised: 

a. First, the seizure and marking, if practicable, of the illegal drug recovered
from the accused by the apprehending officer; 
b. Second, the turnover of the illegal drug seized by the apprehending officer
to the investigating officer; 
c. Third, the turnover by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination and;
d. Lastly, the turnover and submission of the marked illegal drug seized from
the forensic chemist to the court.

10. Does the non-compliance of the chain of custody rule results in the non-
admissibility of the items seized?
No, the last sentence of Section 21(1), Article II of RA 9165 states that,
noncompliance of these requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are properly preserved by
the apprehending officer, shall not render void and invalid such seizures and
custody over said items.

G.R. No. 216753

February 7, 2018

PEOPLE OF THE PHILIPPINES

vs.
JESUS DUMA GAY y SUACITO

11. Define the Concept of Chain of Custody in accordance with RA 9165.

Chain of custody according to RA 9165 is the duly recorded authorized movements and
custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or
laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping, to presentation in court for destruction.
G.R. No. 225642-43

January 17, 2018

PEOPLE OF THE PHILIPPINES

vs.
JUVY D. AMARELA AND JUNARD G. RACHO

12. What is the reason behind the Women’s Honor Doctrine?

In the case of People v. Tana it states that, it is a well-known fact that women, especially
Filipinos, would not admit that they have been abused unless that abuse had actually
happened. This is due to their natural instinct to protect their honor. We cannot believe
that the offended party would have positively stated that intercourse took place unless it
did actually take place.

13. In case of inconsistency between the affidavit of a witness and the testimony,
which is preferred?
It has often been noted that if there is an inconsistency between the affidavit and the
testimony of a witness, the latter should be given more weight since affidavits being
taken ex parte are usually incomplete and inadequate.

14. What degree of evidence is needed to establish the identity of the Accused?
The identity of the offender, like the crime itself, must be established by proof beyond
reasonable doubt.

15. What does proof beyond reasonable guilt mean?

A conviction in a criminal case must be supported by proof beyond reasonable doubt or
moral certainty that the accused is guilty. Absolute guarantee of guilt is not demanded by
the law to convict a person of a criminal charge but there must, at least, be moral certainty
on each element essential to constitute the offense and on the responsibility of the
offender.

G.R. No. 231359

February 07, 2018

PEOPLE OF THE PHILIPPINES
vs.
CRISANTO CIRBETO y GIRAY

16. What is the degree of evidence in order to prove alibi?

On the other hand, for the defense of alibi to prosper, appellant must prove through clear
and convincing evidence that not only was he in another place at the time of the
commission of the crime but also that it was physically impossible for him to be at the
scene of the crime.
G.R. No. 229882

February 13, 2018

CAMILO L. SABIO
vs.
FIELD INVESTIGATION OFFICE (FIO), OFFICE OF THE OMBUDSMAN

17. What is Substantial Evidence

Substantial Evidence is defined as such amount of relevant evidence that a reasonable
mind might accept as adequate to support a conclusion, even if other minds equally
reasonable might conceivably opine differently.

18. Would an acquittal in an administrative case work in favor of a person accused

in a criminal case?
An administrative case is, as a rule, independent from criminal proceedings. As such, the
dismissal of a criminal case on the ground of insufficiency of evidence or the acquittal of an
accused who is also a respondent in an administrative case does not necessarily preclude
the administrative proceeding nor carry with it relief from administrative liability. This is
because the quantum of proof required in administrative proceedings is merely substantial
evidence, unlike in criminal cases which require proof beyond reasonable doubt or that
degree of proof which produces conviction in an unprejudiced mind.
G.R. No. 225709

Feb. 14, 2018

JASPER GONZALEZ y DO LENDO

vs.
PEOPLE OF THE PHILIPPINES

19. What is the duty of the court when there is reasonable doubt as to the guilt of
the accused?
When the court entertains a reasonable doubt as to the guilt of the accused, it is not only
the right of the accused to be freed; it is the court's constitutional duty to acquit them.

20. What is the quantum of evidence to overthrow the presumption of innocence?

Under Jurisprudence, it must be emphasized that the constitutional right to be presumed
innocent until proven guilty can only be overthrown by proof beyond reasonable doubt,
that is, that degree of proof that produces conviction in an unprejudiced mind.
G.R. No. 226494

February 14, 2018

PEOPLE OF THE PHILIPPINES

vs.
JOMAR SISRACON y RUPISAN, MARK VALDERAMA y RUPISAN, ROBERTO CORTEZ y
BADILLA, LUIS PADUA y MITRA and ADONIS MOTIL y GOLONDRINA

21. Can circumstantial evidence support a judgement of conviction?

Yes, to justify a conviction upon circumstantial evidence, the combination of circumstances
must be such as to leave no reasonable doubt in the mind as to the criminal liability of the
accused. Jurisprudence requires that the circumstances must be established to form an
unbroken chain of events leading to one fair reasonable conclusion pointing to the accused,
to the exclusion of all others, as the author of the crime."

22. When is circumstantial evidence sufficient for conviction;

Circumstantial evidence is sufficient for conviction if:

a. there is more than one circumstance;

b. the facts from which the inferences are derived are proven; and

c. the combination of all the circumstances is such as to produce a conviction beyond

reasonable doubt.
G.R. No. 218130

February 14, 2018

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee

vs.
HERMIE PARIS y NICOLAS
RONEL FERNANDEZ y DELA VEGA

23. When is an extrajudicial Confession admissible as evidence?

It is settled that for an extrajudicial confession to be admissible in evidence against the

accused, the same must be:

a. voluntary

b. made with the assistance of a competent and independent counsel,

c. express, and

d. in writing
G.R. No. 215720

February 21, 2018

PEOPLE OF THE PHILIPPINES

vs.
OSCAR MAT-AN Y ESCAD

24. What is the rule when the credibility of the witness is put in issue?
The established rule in our criminal jurisprudence is that when the issue is one of
credibility of witnesses, the appellate courts will not disturb the findings of the trial court
considering that the latter is in a better position to decide the question, having heard the
witnesses themselves and observed their deportment and manner of testifying during the
trial. Unless it can be shown that the trial court plainly overlooked certain facts of
substance and value which, if considered, may affect the result of the case; or in instances
where the evidence fails to support or substantiate the trial court's findings of fact and
conclusions; or where the disputed decision is based on a misapprehension of facts; the
trial court's assessment of the credibility of witnesses will be upheld.
G.R. No. 212195

February 21, 2018

PEOPLE OF THE PHILIPPINES

vs.
NAMRAIDA ALBOKA Y NANING @ "MALIRA"

25. What is the exception to the rule that the Appellate Courts will not disturb the
findings of the trial court in relation to the credibility of witnesses?
The exceptions to the general rule are:

(1) when the factual findings of the CA and the trial court are contradictory;

(2) when the conclusion is a finding grounded entirely on speculation, surmises or

conjectures;

(3) when the inference made by the CA from the findings of fact is manifestly mistaken,
absurd or impossible;

(4) when there is grave abuse of discretion in the appreciation of facts;

(5) when the appellate court, in making its findings, went beyond the issues of the case,
and such findings are contrary to the admissions of both appellant and appellee;

(6) when the judgment of the CA is premised on misapprehension of facts;

(7) when the CA failed to notice certain relevant facts which, if properly considered, would
justify a different conclusion;

(8) when the findings of fact are themselves conflicting;

(9) when the findings of fact are conclusions without citation of the specific evidence on
which they are based; and

(10) when the findings of fact of the CA are premised on the absence of evidence but such
findings· are contradicted by the evidence on record.
G.R. No. 221732

August 23, 2017

FERNANDO U. JUAN

Vs.

ROBERTO U. JUAN (SUBSTITUTED BY HIS SON JEFFREY C. JUAN) AND

LAUNDROMATIC CORPORATION

26. What is Judicial Notice?

Judicial notice is the cognizance of certain facts that judges may properly take and act on
without proof because these facts are already known to them. Put differently, it is the
assumption by a court of a fact without need of further traditional evidentiary support.

27. What are the material Requisites for Judicial Notice?

The Material Requisites for Judicial Notice are:

a. the matter must be one of common and general knowledge;

b. it must be well and authoritatively settled and not doubtful or uncertain; and
c. it must be known to be within the limits of the jurisdiction of the court.

28. What is Deemed to be Common Knowledge in relation to judicial Notice?

Things of common knowledge, of which courts take judicial notice, may be matters coming
to the knowledge of men generally in the course of the ordinary experiences of life, or they
may be matters which are generally accepted by mankind as true and are capable of ready
and unquestioned demonstration. 

29. Can the Personal knowledge of the Judge be the basis of a Judicial Notice?
No, judicial notice is not judicial knowledge. The mere personal knowledge of the judge is
not the judicial knowledge of the court, and he is not authorized to make his individual
knowledge of a fact, not generally or professionally known, the basis of his action.
G.R. No. 225745

February 28, 2018

THE PEOPLE OF THE PHILIPPINES

vs.
ARSENIO ENDAYA, JR. Y PEREZ

30. When the Burden of Evidence shifts, Can the accused rely on the weakness of
the Prosecution’s evidence?

It is settled that when the accused pleads self-defense and effectively admits that he killed
the victim, the burden of evidence shifts to him. By admitting the commission of the act
charged and pleading avoidance based on the law, he must rely on the strength of his own
evidence to prove that the facts that the legal avoidance requires are present; the weakness
of the prosecution's evidence is immaterial after he admitted the commission of the act
charged.

31. What is forbidden in Parol Evidence?

The parol evidence rule forbids any addition to or contradiction of the terms of a written
instrument by testimony or other evidence purporting to show that, at or before the
execution of the parties' written agreement, other or different terms were agreed upon by
the parties, varying the purport of the written contract. (Felix Plazo Urban Poor Settlers
v. Lipat, G.R. No. 182409 2017)

32. What is the rule in making a diagnosis of mental retardation to be used as

evidence in order to determine complainant's mental status?

The rule is that in making a diagnosis of mental retardation, a thorough evaluation based
on history, physical, and laboratory examination made by a clinician is necessary.  The
reason for this requirement is well-explained in both medical and psychology literature:
mental retardation is a recognized clinical syndrome usually traceable to an organic cause,
which determinants are complex and multifactorial. As the boundaries between normality
and retardation are difficult to delineate, proper identification requires competent clinical
evaluation of psychosomatic parameters in conjunction with medical and laboratory tests.
(THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. RAYMUNDO RAPIZ Y
CORREA, ACCUSED-APPELLANT, G.R.No. 240662, September 16, 2020)

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EMILIANO BATERINA Y

CABADING, ACCUSED-APPELLANT
G.R. No. 236259, September 16, 2020
33. What is the rule in conducting physical inventory and photograph of the seized
drugs?

As a rule, under the Implementing Rules and Regulations (IRR) of RA No. 9165, the
physical inventory and photograph of the seized drugs shall be conducted at the place
where the search warrant is served. Likewise, the marking should be done upon immediate
confiscation.

34. Is there an exception in conducting physical inventory and photograph of the

seized drugs?

Yes. Under Section 21 of the Implementing Rules and Regulations (IRR) of RA No. 9165, it
provides an exception that the physical inventory and photography of the seized items may
be conducted at the nearest police station or the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures.

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. HENRY SORIANO Y

SORIANO, ACCUSED-APPELLANT.
G.R. No. 248010, September 08, 2020

35. Who are the persons that are required during the physical
inventory and photograph of the seized illegal drug?

The physical inventory and photograph of the seized illegal drug must be done in the
presence of the following persons:

a) the accused or his representative or counsel;

b) representative from the media;
c) representative from the DOJ; and
d) any elected public official who shall be required to sign the copies of the inventory and
be given a copy thereof.

36. What is the concept behind the phrase “immediately after seizure and
confiscation"?

The phrase "immediately after seizure and confiscation" means that the physical inventory
and photographing of the drugs must be at the place of apprehension and/or seizure. If
this is not practicable, it may be done as soon as the apprehending team reaches the
nearest police station or nearest office.

37. May the physical inventory and photograph of the confiscated drugs be excused
to be conducting at the place of arrest?

Yes. Immediate physical inventory and photograph of the confiscated items at the place of
arrest may be excused in instances when the safety and security of the apprehending
officers and the witnesses required by law or of the items seized are threatened by
immediate or extreme danger such as retaliatory action of those who have the resources
and capability to mount a counter-assault.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROWENA BUNIEL Y RAMOS
AND ROWENA SIMBULAN Y ENCARNADO, ACCUSED,
G.R. No. 243796, September 08, 2020

38. Is the absence of those required witnesses during the physical inventory and
photographing of the items render the confiscated items inadmissible?

No.  The absence of those required witnesses does not render the seizure and custody over
the confiscated items as void and invalid, provided that the prosecution satisfactorily
proves that: (1) there is justifiable ground for non-compliance; and (2) the integrity and
evidentiary value of the seized items are properly preserved.

39. What are the precautionary steps required for forensic chemist in order to
preserve the integrity and evidentiary value of the seized items?

The precautionary steps required for forensic chemist in order to preserve the integrity and
evidentiary value of the seized items are the following:

(1) that the forensic chemist received the seized article as marked, properly sealed, and
intact;
(2) that he resealed it after examination of the content; and
(3) that he placed his own marking on the same to ensure that it could not be tampered
with pending trial.

40. What kind of defense are denial and alibi?

It is well-settled that denial is an "intrinsically weak defense which must be supported by

strong evidence of non-culpability to merit credibility." Alibi, on the other hand, is the
"weakest of all defenses, for it is easy to contrive and difficult to disprove and for which
reason it is generally rejected. (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs.
ROGELIO BAGUION A.K.A. "ROGEL," Defendant-Appellant, G.R. No. 223553 July 4,
2018)

41. What is the rule with regards to the trial court's conclusions on the credibility of
witnesses in rape cases?

Settled is the rule that the trial court's conclusions on the credibility of witnesses in rape
cases are generally accorded great weight and respect and, at times, even finality, unless
there appears certain facts or circumstances of weight and value which the lower court
overlooked or misappreciated and which, if properly considered, would alter the result of
the case. The assessment of the credibility of witnesses is a domain best left to the trial
court judge because of his unique opportunity to observe their deportment and demeanor
on the witness stand, a vantage point denied appellate courts; and when his findings have
been affirmed by the Court of Appeals, these are generally binding and conclusive upon
this Court. (PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DDD @ ADONG
ACCUSED-APPELLANT, G.R. No. 243583, September 03, 2020)

42. What is Circumstantial evidence?

Circumstantial evidence, also known as indirect or presumptive evidence, refers to proof of
collateral facts and circumstances whence the existence of the main fact may be inferred
according to reason and common experience. (PEOPLE OF THE PHILIPPINES,
PLAINTIFF-APPELLEE, VS. EDDIE MANANSALA Y ALFARO, ACCUSED-APPELLANT,
G.R. No. 233104, September 02, 2020)

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. HEROFIL OLARTE Y

NAMUAG, ACCUSED-APPELLANT
G.R. No. 233209, March 11, 2019

43. What are the classification of Object Evidence?

Object evidence is classified into:

(a) actual, physical or "autoptic" evidence: those which have a direct relation or part in the

fact or incident sought to be proven and those brought to the court for personal
examination by the presiding magistrate; and
(b) demonstrative evidence: those which represent the actual or physical object (or event in
the case of pictures or videos) being offered to support or draw an inference or to aid in
comprehending the verbal testimony of a witness.

44. What are the categories under Actual Evidence?

Actual evidence is subdivided into three categories:

(a) those that have readily identifiable marks (unique objects); 

(b) those that are made readily identifiable (objects made unique); and
(c) those with no identifying marks (non-unique objects).

45. Is the testimony of the prosecution witnesses prevails over the defense of denial?

Yes. The direct, positive and categorical testimony of the prosecution witnesses, absent any
showing of ill-motive, prevails over the defense of denial. Like alibi, denial is an inherently
weak and easily fabricated defense. It is a self-serving negative evidence that cannot be
given greater weight than the stronger and more trustworthy affirmative testimony of a
credible witness. (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JELMER
MATUTINA y MAYLAS and ROBERT ROMERO y BUEN SALIDA, G. R. No. 227311,
September 26, 2018)

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. CHRISTOPHER BADILLOS,

Accused-Appellant
G.R. No. 215732, June 6, 2018

46. What are the requisites for dying declaration to be admissible in evidence?

A dying declaration is admissible in evidence if the following circumstances are present:

(1) it concerns the cause and the surrounding circumstances of the declarant's death;
(2) it is made when death appears to be imminent and the declarant is under a
consciousness of impending death;
(3) the declarant would have been competent to testify had he or she survived; and
(4) the dying declaration is offered in a case in which the subject of the inquiry involves the
declarant's death.

47. What are the elements that must concur in order for a statement to be
considered part of res gestae?

For a statement to be considered part of res gestae, the following elements must concur:

(a) the principal act, the res gestae, is a startling occurrence;

(b) the statement was made before the declarant had time to contrive or devise; and
(c) the statement concerns the occurrence in question and its immediate attending
circumstances. All the foregoing elements are present in this case.

48. When may the Best Evidence Rule be applied?

The best evidence rule applies only when the contents of the document are the subject of
inquiry. Where the issue is only as to whether or not such document was actually
executed, or exists, or in the circumstances relevant to or surrounding its execution, the
best evidence rule does not apply and testimonial evidence is admissible. (PO2 JESSIE
FLORES y DE LEON, Respondent
vs. PEOPLE OF THE PHILIPPINES, G.R. No. 222861 April 23, 2018)

49. Is minor inconsistencies impair the credibility of witnesses?

No. Jurisprudence holds that "a few discrepancies and inconsistencies in the testimonies of
witnesses referring to minor details and not in actuality touching upon the central fact of
the crime do not impair the credibility of the witnesses." In fact, such inconsistencies
strengthen the credibility of the witness as these discount the possibility of being
rehearsed. (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. CAJETO CABILIDA, JR.
y CANDAWAN, Accused-Appellant, G.R. No. 222964, July 11, 2018)

50. What is the rule with regards to testimonies of child victims in cases of rape?

It is settled jurisprudence that testimonies of child victims are given full weight and credit,
because when a woman, more so if she is a minor, says that she has been raped, she says
in effect all that is necessary to show that rape was committed. Youth and immaturity are
generally badges of truth and sincerity. (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs. DIONESIO ROY y PERALTA, Accused-Appellant, G.R. No. 225604, July 23, 2018)

51. May a child be considered a competent witness?

Yes. Under the Rules of Court, a child may be a competent witness, unless the trial court
determines upon proper showing that the child's mental maturity is such as to render him
incapable of perceiving the facts respecting which he is to be examined and of relating the
facts truthfully. The testimony of the child of sound mind with the capacity to perceive and
make known the perception can be believed in the absence of any showing of an improper
motive to testify. Once it is established that the child fully understands the character and
nature of an oath, the testimony is given full credence. (PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee vs. EDUARDO GOLIDAN y COTO-ONG, FRANCIS
NACIONALES y FERNANDEZ, and TEDDY OGSILA y TAHIL, Accused, G.R. No. 205307,
January 11, 2018)