UP LAW BOC

PROCEDURE AND
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LAST MINUTE TIPS

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UP LAW BOC LAST MINUTE TIPS
REMEDIAL LAW
CIVIL PROCEDURE
Q1: Over which cases do Regional Trial
Courts exercise original jurisdiction over?
A1:
1. All civil actions in which the subject of the
litigation is incapable of pecuniary
estimation [Sec. 19(1), B.P. 129, as
amended by R.A. 7691]
2. Civil actions involving title to, or possession
of real property, or any interest therein,
where assessed value exceeds P400,000
[Sec. 19(2), B.P. 129, as amended by R.A.
11576]
3. Any action if the amount involved exceeds
P2,000,000 in the following cases [B.P.
129, as amended by R.A. 11576]:
a. Actions in admiralty and maritime
jurisdiction, where the amount refers to
demand or claim [Sec. 19(3)]
b. Matters of probate (testate or
intestate), where the amount refers to
gross value of estate [Sec. 19(4)]
c. In all other cases where the amount
refers to the demand, exclusive of
interest, damages of whatever kind,
attorney’s fees, litigation expenses,
and costs [Sec. 19(8)]
4. All actions involving the contract of
marriage and family relations [Sec. 19(5),
B.P. 129, as amended by R.A. 7691], and
all civil actions and special proceedings
falling within exclusive original jurisdiction
of Juvenile and Domestic Relations Court
[Sec. 19(7), B.P. 129, as amended by R.A.
7691]
Note: This jurisdiction is deemed modified
by Sec. 5, R.A. 8369, the law establishing
the Family Courts. However, in areas
where there are no Family Courts, the
cases within their jurisdiction shall be
adjudicated by the RTC [Sec. 17, R.A.
8369]
5. All civil actions and special proceedings
falling within exclusive original jurisdiction
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REMEDIAL LAW
of the Court of Agrarian Reform [Sec.
19(7), B.P. 129, as amended by R.A. 7691]
6. All cases not within exclusive jurisdiction of
any court, tribunal, person, or body
exercising judicial or quasi-judicial
functions [Sec. 19(6), B.P. 129, as
amended by R.A. 7691]
Q2: Over which cases do Municipal,
Metropolitan and Municipal Circuit Trial
Courts exercise exclusive original
jurisdiction over?
A2: Municipal, Metropolitan and Municipal
Circuit Trial Courts exercise exclusive original
jurisdiction over cases:
1. Where the value of personal property,
estate, or amount of demand does not
exceed P2,000,000, exclusive of interest,
damages of whatever kind, attorney’s fees,
litigation expenses, and costs, in the
following cases:
a. Civil actions,
b. Probate proceedings, (testate or
intestate)
c. Provisional remedies in proper cases.
[Sec. 33(1), B.P. 129, as amended by
R.A. 7691 and RA 11576]
2. Forcible entry and unlawful detainer
(FEUD)
Note: When a defendant raises questions
of ownership in his pleadings and the
question of possession cannot be resolved
without deciding issue of ownership, the
latter issue shall be resolved only to
determine the former issue [Sec. 33(2),
B.P. 129, as amended by R.A. 7691]
3. All civil actions involving title to, or
possession of, real property, or any interest
therein where assessed value of property
or interest therein does not exceed
P20,000 outside Metro Manila, or does not
exceed P50,000 in Metro Manila [Sec.
33(3), B.P. 129, as amended by R.A. 7691]
4. Inclusion and exclusion of voters [Sec. 49,
Omnibus Election Code]
Q3: What is the totality rule in computing
the jurisdiction of courts?
A3: Where there are several claims or causes
of actions between the same or different
parties, embodied in the same complaint, the
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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
[Sec 33(1), B.P. Blg 129]
Restated, if several claims or causes of action
are embodied in the same complaint, the
amount of all the demands shall be the basis in
computation of the amount involved, if
1. Claims are in the same complaint
2. Claims are against the same defendant
3. There is no misjoinder of parties [1 Riano
104, 2016 Bantam Ed.]
Q4: Prohibited Pleadings in Small Claims
and Summary Procedure
A4:
1. Motion to dismiss the complaint except on
the ground of lack of jurisdiction;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration
of a judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file
pleadings, affidavits, or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions.
Q5: What is an indispensable party?
A5: An indispensable party is a party in interest
without whom no final determination of an
action can be had.
Q6: Is the non-impleading of an
indispensable party a ground for dismissal
of action?
A6: No. Failure to implead an indispensable
party is not a ground for dismissal of an action,
as the remedy in such a case is to implead the
party claimed to be indispensable, considering
that the parties may be added by order of the
court, on motion of the party or on its own
initiative at any stage of the action. [Galido v.
Magrare, G.R. No. 206584 (2016)]
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It is when the order of the court to implead an
indispensable party goes unheeded that the
case may be dismissed. The court has
authority to dismiss a complaint due to the fault
of the plaintiff when he does not comply with
any order of the court [Plasabas v. CA, G.R.
No. 166519 (2009)]
Q7: What must every pleading contain?
A7: Every pleading stating a party's claims or
defenses shall, in addition to those mandated
by Section 2, Rule 7, state the following:
1. Names of witnesses who will be presented
to prove a party's claim or defense;
2. Summary of the witnesses' intended
testimonies, provided that the judicial
affidavits of said witnesses shall be
attached to the pleading and form an
integral part thereof, and
GR: Only witnesses whose judicial
affidavits are attached to the pleading shall
be presented by the parties during trial.
XPN: If a party presents meritorious
reasons as basis for the admission of
additional witnesses
3. Documentary and object evidence in
support of the allegations contained in the
pleading. [Sec. 6, Rule 7]
Q8: What are the elements of forum
shopping?
A8: The elements of forum shopping are:
1. Identity of parties, or at least such parties
representing the same interests in both
actions;
2. Identity of rights asserted and reliefs
prayed for, the relief being founded on the
same facts; and
3. The identity of two preceding particulars,
such that any judgment rendered in the
other action will, regardless of which party
is successful amount to res judicata in the
action under consideration [Buan v. Lopez,
G.R. No. 75349 (1986)]
Q9: What is the period to invoke the rule on
forum shopping?
A9: GR: It should be raised at the earliest
opportunity.
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XPN: It may be invoked in later stages only if
the violation arises from or will result in:
1. The loss of jurisdiction over the subject
matter;
2. The pendency of another action between
the same parties for the same cause;
3. Barring of the action by a prior judgment; or
4. The Statute of Limitations has been
crossed [Young v. Keng Seng, G.R. No.
143464 (2003)]
Q10: Who signs a certificate of non-forum
shopping?
A10: The general rule is that the Plaintiff or
Principal party signs the certificate of non-
forum shopping. This is because the plaintiff,
not the counsel, is in the best position to know
whether he or it has actually filed or caused the
filing of a petition. [Anderson v. Ho, G.R. No.
172590 (2013)]
However, if, for justifiable reasons, the party-
pleader is unable to sign, he must execute a
Special Power of Attorney designating his
counsel of record to sign on his behalf [Vda. de
Formoso v. PNB, G.R. No. 154704 (2011)]
In cases of a juridical entity, the certification
may be executed by a properly authorized
person through due authorization by a board
resolution. [Cosco v. Kemper, 670 SCRA 343
(2012)] Note: Similar to the new requirement
under verification, the authorization of the
affiant to act on behalf of the party, should be
attached to the pleading.
Q11: Can a party move to extend the time
for filing pleadings?
A11: Generally, no. A motion for extension to
file any pleading is prohibited and is considered
a mere scrap of paper. [Sec. 11, Rule 11] A
motion for extension of time to file pleadings,
affidavits, or any other papers is a prohibited
motion and shall not be allowed. [Sec. 12 (e),
Rule 15]
However, there are exceptions to this rule. A
party may move to extend the time for filing
pleadings:
1. For meritorious reasons,
2. For a period not more than 30 calendar
days, and
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REMEDIAL LAW
3. A party may only avail of 1 motion for
extension The court may still allow, in its
discretion, any other pleading to be filed
after the time fixed by the Rules. [Sec. 11,
Rule 11]
Q12: What is to be alleged in the pleadings?
A12: Every pleading shall contain in a
methodical and logical form:
1. A plain, concise and direct statement of the
ultimate facts,
2. The evidence on which the party pleading
relies for his or her claim or defense, as the
case may be
3. If the cause of action or defense is based
on law, the pertinent provisions of the law
and its applicability. [Sec. 1, Rule 8]
Note: Prior to the Amended Rules, evidentiary
facts were supposed to be omitted from
pleadings, as these matters should be
presented during trial. However, the contents of
pleadings are no longer limited to ultimate facts
since under Sec. 6, Rule 7, the witnesses,
summaries of their testimonies, their judicial
affidavits, and documentary and object
evidence should already be included in the
pleading. Likewise, Sec. 1 of Rule 8 also states
that every pleading must contain the ultimate
facts, including the evidence on which the party
pleading relies
Q13: What are the affirmative defenses?
A13: The affirmative defenses include
1. fraud,
2. statute of limitations, release,
3. payment, illegality,
4. statute of frauds,
5. estoppel, former recovery,
6. discharge in bankruptcy, and
7. any other matter by way of confession and
avoidance. [Par 1, Sec. 5 (b), Rule 6]
Affirmative defenses may also include grounds
for the dismissal of a complaint, specifically:
1. That the court has no jurisdiction over the
subject matter
2. That there is another action pending
between the same parties for the same
cause (lis pendens), or
3. That the action is barred by a prior
judgment. [Par 2, Sec. 5 (b), Rule 6]
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Note: The foregoing three (3) grounds need not
be included in the answer due to the use of the
word “may”. Also note that these grounds for
dismissal (in addition to statute of limitations)
may still be raised at any time since they are
not waivable. [Sec. 1, Rule 9 in relation to Sec.
12 (a), Rule 15]
The following are also affirmative defenses:
1. Lack of jurisdiction over the person of the
defendant,
2. Improper venue,
3. Lack of legal capacity to sue of the plaintiff,
4. Failure to state a cause of action, and
5. Failure to comply with a condition
precedent. [Sec 12(a), Rule 8]
Note: The court must motu proprio resolve
these affirmative defenses within 30 calendar
days from the filing of the answer. [Sec. 12(c),
Rule 8]
Q14: Can lack of jurisdiction be raised for
the first time on appeal? If so, are there any
exceptions to this rule?
A14: The general rule is that lack of jurisdiction
over the subject matter may be raised at any
stage of the proceedings, even for the first time
on appeal. The reason for this is that
jurisdiction is conferred by law, and lack of it
affects the very authority of the court to take
cognizance of the action [Asiatrust
Development Bank v. First Aikka Development,
Inc., G.R. No. 179558 (2011)]
However, in Tijam v. Sibonghanoy [G.R. No.
L21450 (1968)], the Court espoused the
doctrine of estoppel by laches, which held that
a party may be barred from questioning a
court’s jurisdiction after invoking the court’s
authority in order to secure affirmative relief
against its opponent, when laches would
prevent the issue of lack of jurisdiction from
being raised for the first time on appeal by a
litigant whose purpose is to annul everything
done in a trial in which it has actively
participated.
Note that Tijam v. Sibonghanoy must be
construed as an exception to the general rule
and applied only in the most exceptional cases
where the factual milieu is similar to that in the
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REMEDIAL LAW
said case [Figueroa v. People, G.R. No.
147406 (2008)]
Even if Sec. 12(b), Rule 8 of the Amended
Rules provides that the failure to raise an
affirmative defense at the earliest opportunity
constitutes a waiver thereof, the failure to raise
lack of jurisdiction over the subject matter as an
affirmative defense in the answer does not
waive such defense. The retention of Sec. 1,
Rule 9 maintains the status of lack of
jurisdiction over the subject matter as a non-
waivable defense. As such, the proper action if
one failed to raise the court’s lack of jurisdiction
over the subject matter in the answer would be
to file a motion to dismiss, which can be filed at
any point during the proceedings, subject to the
doctrine in Tijam.
Q15: When may the Court decline to issue
summons?
A15: Under Rule 14, Section 1, summons shall
not be issued, and the case shall be dismissed
if the complaint on its face is dismissible under
Sec. 1, Rule 9. Such provides for the non-
waivable grounds for dismissal of a complaint,
to wit:
1. The court has no jurisdiction over the
subject matter
2. Litis pendentia
3. Res judicata
4. The action is barred by the statute of
limitations.
Q16: How is summons served on domestic
private juridical entities?
A16: Service shall be made on the:
1. President;
2. In-house counsel wherever they may be
found,
3. General manager;
4. Corporate secretary;
5. Managing partner; or
6. Treasurer;
7. On their secretaries, in case of their
absence or unavailability [Sec 12, Rule 14]
If such service cannot be made upon any of the
foregoing persons, it shall be made upon the
person who customarily receives the
correspondence for the defendant at its
principal office.
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The enumeration above is exclusive [Cathay
Metal Corporation v. Launa West Multi-
Purpose Cooperative Inc., G.R. No. 172204
(2014)]
Q17: When may substituted service of
summons be made?
A17: Substituted service of summons may be
made when, for justifiable causes, the
defendant cannot be served personally after at
least three (3) attempts on two (2) separate
dates, service may be effected:
1. By leaving copies of the summons at the
defendant’s residence to a person at least
eighteen (18) years of age and of sufficient
discretion residing therein;
2. By leaving copies of the summons at the
defendant’s office or regular place of
business with some competent person in
charge thereof. A competent person
includes, but not limited to, one who
customarily receives correspondences for
the defendant;
3. By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with any of
the officers of the homeowners’ association
or condominium corporation, or its chief
security officer in charge of the community
or the building where the defendant may be
found; and
4. By sending an electronic mail to the
defendant’s electronic mail address, if
allowed by the court. [Rule 14, Sec 6]
Q18: In which situations can extraterritorial
service of summons be availed of?
A18: Extraterritorial service of summons may
be made in the following cases:
1. When the defendant does not reside and is
not found in the Philippines, and
2. The action affects the personal status of
the plaintiff
3. The action relates to, or the subject of
which is, property in the Philippines, in
which the defendant has or claims a lien or
interest, actual or contingent, or in which
the relief demanded consists, wholly or in
part, in excluding the defendant from any
interest therein, or;
4. The property of the defendant has been
attached within the Philippines [Rule 14,
Sec 17]
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Q19: How is extraterritorial service of
summons effected?
A19: Extraterritorial service may, by leave of
court, be effected out of the Philippines by:
1. Personal service as under Section 5, Rule
14; or a
2. As provided for in international conventions
to which the Philippines is a party; or
3. By publication in a newspaper of general
circulation in such places and for such time
as the court may order, in which case a
copy of the summons and order of the court
shall be sent by registered mail to the last
known address of the defendant, or in any
other manner the court may deem
sufficient.
Any order granting such leave shall specify a
reasonable time, which shall not be less than
sixty (60) calendar days after notice, within
which the defendant must answer. [Rule 14,
Sec 17]
Q20: What is the current rule on motions to
dismiss?
A20: Motions to dismiss are currently
prohibited motions under Sec 12(a), Rule 15.
However, the following may still be grounds for
a motion to dismiss:
1. The court has no jurisdiction over the
subject matter
2. Litis pendentia
3. Res judicata
4. The action is barred by the statute of
limitations.
Notably, the Amended Rules empower the
court to dismiss a case motu proprio if the
aforementioned non-waivable grounds are
apparent on the face of the complaint. [Sec. 1,
Rule 14]. Moreover, subject to the right of
appeal, an order granting a motion to dismiss
on the above grounds shall bar the refiling of
the same action or claim. [Sec 13, Rule 15]
Q21: State the omnibus motion rule
A21: Under the omnibus motion rule, a motion
attacking a pleading, order, judgment, or
proceeding shall include all objections then
available, and all objections not so included
shall be deemed waived. [Sec 9, Rule 15]
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Q22: Differentiate a Written Interrogatory Q23: State the rule on requests for
under Rule 25 from a Written Interrogatory admission as a mode of discovery
in Deposition under Rule 23 A23: In order to avoid unnecessary
A22: inconvenience before trial, a party may request
the other to:
Written
1. Admit the genuineness of any material and
Interrogatory in
Written Interrogatory relevant document described in and
Deposition
[Rule 25] exhibited with the request, or
[Rule 23, Sec.
2. Admit the truth of any material and relevant
25-28]
matter of fact set forth in the request. [Sec.
A mode of discovery A mode of 1, Rule 26]
distinct from deposition deposition
A party may file and serve upon any other party
Purpose is: Purpose is to take a written request for the purpose mentioned
1. To elicit material the testimony of a above, at any time after issues have been
and relevant facts party out of court joined. [Sec. 1, Rule 26] Issues are joined when
from any adverse through written all the parties have pleaded their respective
parties [Sec 1, Rule interrogatories theories and the terms of the dispute are plain
25] before the court. [Rosete v. Sps. Lim, G.R. No.
2. To assist the parties 136051 (2006)]
in clarifying the
issues and in Q24: Can the admissions made by a party
ascertaining the be used for proceedings aside from the
facts involved in a pending action?
case. [Philippine A24: No. Any admission made by a party
Health Insurance pursuant to such request is for the purpose of
Corp vs Our Lady of the pending action only and shall not constitute
Lourdes Hospital, an admission by him for any other purpose nor
G.R. No. 193158 may the same be used against him in any other
(2015)] proceeding [Sec. 3, Rule 26]

Interrogatories may relate to any matter, not Q25: What is the effect of granting demurrer
privileged, which is relevant to the subject of to evidence?
the pending action, whether relating to the A25: If the demurrer is granted, the case shall
claim or defendant of any other party, be dismissed. However, if, on appeal, the order
including the existence, description, nature, granting the motion is reversed, the defendant
custody, condition, and location of any loses his right to present evidence [Sec. 1, Rule
books, documents, or other tangible things 33, Rules of Court; Republic v. Tuvera, 516
and the identity and location of persons SCRA 113, 136]
having knowledge of relevant facts. [Rule 23,
Sec. 4] Q26: What is the difference between
demurrer in a civil case and demurrer in a
Written interrogatories Written criminal case?
are served directly to interrogatories in A26:
the adverse party deposition are not
Demurrer in Civil Demurrer in
served upon the
Case Criminal Case
adverse party
directly. They are Leave of court is not A demurrer is filed
instead delivered required before filing with or without leave
to the officer a demurrer. of court [Sec. 23,
designated in the Rule 119].
notice

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Q29: When may summary judgment be

Demurrer in Civil Demurrer in
resorted to?
Case Criminal Case
A29: A summary judgment can be resorted to
If the demurrer is The order of only where there are no questions of fact in
granted, the order of dismissal is not issue or where the material allegations of the
dismissal is appealable because pleadings are not disputed. [National Irrigation
appealable [Sec. 1, of the constitutional Administration v. Gamit, 215 SCRA 436
Rule 33, Rules of policy against double (1992)]. Where the defense interposed by the
Court] jeopardy. The defendant is not a valid defense, the court may
dismissal is render a summary judgment [Solid Manila Corp
equivalent to the v. Bio Hong Trading Co Inc., 195 SCRA 748
acquittal of the (1991)]
accused.
For the Claimant
If the demurrer is The accused may A party seeking to recover upon a claim,
denied, the adduce his evidence counterclaim, or cross-claim or to obtain a
defendant may only if the demurrer declaratory relief may, at any time after the
proceed to present is filed with leave of pleading in answer thereto has been served,
his evidence [Sec. 1, court. He cannot move with supporting affidavits, depositions or
Rule 33, Rules of present his evidence admissions for a summary judgment in his or
Court] if he filed the her favor upon all or any part thereof. [Sec. 1,
demurrer without Rule 35]
leave of court [Sec.
23, Rule 119, Rules For the Defendant
of Court] 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
Q27: What are the grounds for judgment on affidavits, depositions or admissions for a
the pleadings? summary judgment in his or her favor as to all
A27: The grounds for judgment on the or any part thereof. [Sec. 2, Rule 35]
pleadings are:
1. where an answer fails to tender an issue, Q30: May there be partial summary
or judgment? If so, what is its nature?
2. otherwise admits the material allegations of A30: Yes, there can be a partial summary
the adverse party’s pleading [Sec. 1, Rule judgment. Such judgment is merely
34] interlocutory and not a final judgment.
[Province of Pangasinan v. CA, 220 SCRA 726
Q28: What is a summary judgment? (1992)]. It does not dispose of a case totally
A28: A judgment which a court may render because the case can still be tried on the basis
before trial, but after both parties have pleaded of the remaining issues.
upon application by one party supported by
affidavits, depositions, or other documents, Q31: May the Court motu proprio order
with notice upon the adverse party who may file judgment on the pleadings and summary
an opposition supported also by affidavits, judgment?
depositions or other documents, should the A31: Yes. The court may motu proprio include
court find after summarily hearing both parties in the pretrial order that the case be submitted
with their respective proofs that there exists no for summary judgment or judgment on the
genuine issue between them [2 Herrera 118, pleadings without need of position papers or
2007 Ed., citing Evangelista v. Mercator memoranda, and without prejudice to a party
Financing Corporation, G.R. No. 148864 moving for either judgment on the pleadings or
(2003)] summary judgment when:
1. There be no more controverted facts,

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2. No more genuine issue as to any material

Discretionary Matter of Right
fact,
3. There be an absence of any issue, or to the adverse the court, execution
4. Should the answer fail to tender an issue. party; shall issue only on
[Sec. 10, Rule 18] 2. The motion must motion. A judge may
be filed in the trial not order execution
Q32: Compare and Contrast Discretionary or appellate of judgment in the
Execution v. Execution as a Matter of Right court; decision itself. Even
A32: 3. There must be if immediately
Discretionary Matter of Right good reason to executory, there
justify execution must be a motion to
When issued pending appeal that effect and a
4. The good hearing called for
May issue before the Period to appeal has reason/s must be that person.
lapse of period to already lapsed and stated in a
appeal, and even no appeal is special order
during appeal perfected after due
hearing.
Discretionary upon Ministerial duty of the
the court; there is court provided there
inquiry on are no supervening Q33: How long is a writ of execution
whether there is events enforceable?
good reason for A33: A final and executory judgment or order
execution, stated in a may be executed on motion within five (5)
special order after years from the date of its entry. After the lapse
hearing [Sec 2(a), of such time, and before it is barred by the
Rule 39] statute of limitations, a judgment may be
enforced by action.
Who may issue
Q34: What is the nature of an action for
The court which has Only the court of revival of judgment? How many it be
jurisdiction over the origin can issue the enforced?
case: writ of execution. A34: An action for revival of judgment is a
1. May be the trial procedural means of securing the execution of
court while it has a previous judgment which has become
jurisdiction over dormant after the passage of 5 years without it
the case and is in being executed upon motion of the prevailing
possession of party. [Saligumba vs Palanog, 573 SCRA 8,
either the original 15-16 (2008)]
record or the
record on appeal A revived judgment is deemed a new judgment
2. The appellate separate and distinct from the original
court after the judgment. It is not a continuation. [PNB v.
trial court has Bondoc, G.R. No. L-20236 (1965)]
lost jurisdiction
over the case The revived judgment may also be enforced by
motion within five (5) years from the date of its
Procedure for issuance entry and thereafter by action before it is barred
by the statute of limitations. [Sec. 6, Rule 39].
1. There must be a While the issuance of
motion filed by the writ is ministerial Note: The action must be filed within 10 years
the prevailing upon from the date the judgment became final since
party with notice the action to enforce a judgment prescribes in

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10 years from the finality of judgment. [Art.
1144(3), CC]. The 10-year prescriptive period
commences to run from the date of finality of
the revived judgment and not the original
judgment. [PNB v. Bondoc, G.R. No. L-20236
(1965)]
Q35: What are the properties exempt from
execution?
A35: The properties exempt from execution
are:
1. The judgment obligor's family home as
provided by law, or the homestead in which
he resides, and 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 one
hundred thousand 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 three hundred thousand pesos
in value;
8. One fishing boat and accessories not
exceeding the total value of one hundred
thousand pesos 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 within the four 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;
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12. The right to receive legal support, or money
or property obtained as such support, or
any pension or gratuity from the
Government;
13. Properties specially exempted by law.
[Sec. 13, Rule 39]
Note: No article or species of property
mentioned in this section shall be exempt from
execution issued upon a judgment recovered
for its price or upon a judgment of foreclosure
of a mortgage thereon.
Q36: What are the remedies of a third
person claimant over property subject to
execution?
A36: A party claiming any property that has
been levied upon has the following remedies:
1. Summary hearing before the court which
authorized the execution
2. “Terceria” or third-party claim filed with the
sheriff [Sec. 16, Rule 39]
3. Action for damages on the bond posted by
the judgment creditor
4. Independent reinvindicatory action
These are cumulative remedies and may be
resorted to by a third-party claimant
independently of or separately from and
without need of availing of the others. [Sy v.
Discaya, G.R. No. 86301 (1990)]
Q37: What are the requisites for a claim by
a third person?
A37: The requisites are:
1. The property is levied;
2. The claimant is a person other than the
judgment obligor or his agent;
3. The claimant makes an affidavit of his title
thereto or right to the possession thereof
stating the grounds of such right or title;
and
4. The claimant serves the same upon the
officer making the levy and the judgment
oblige [Sec. 16, Rule 39]
Q38: What is the effect of a third-party
claim?
A38: The officer shall not be bound to keep the
property, unless such judgment obligee, on
demand of the officer, files a bond approved by
the court to indemnify the third-party claimant
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in a sum not less than the value of the property
levied on [Sec. 16, Rule 39]
Q39: What are the dual aspects of res
judicata?
A39: The dual aspects of res judicata are:
1. Judgment on the merits in the first case
constitutes an absolute bar to the
subsequent action not only as to every
matter which was offered and received to
sustain or defeat the claim or demand, but
also to any other admissible matter which
might have been offered for that purpose
and to all matters that could have been
adjudged in that case. This is called ‘bar by
prior judgment’. [Sec 47(b) Rule 39]
2. The second action is upon a different claim
or demand, the judgment in the first case
operates as an estoppel only with regard to
those issues directly controverted, upon
the determination of which the judgment
was rendered. This is called
‘conclusiveness of judgment’ [Sec 47(c)
Rule 39]
Q40: What are the requisites of res judicata
by bar by prior judgment?
A40: The requisites of res judicata are:
1. A final judgment or order;
2. Jurisdiction over the subject matter and the
parties by the court rendering it;
3. Judgment on the merits;
4. Between the two cases, there is:
a. Identity of parties
b. Identity of subject matter;
c. Identity of causes of action [Villarino v.
Avila, G.R. No. 131191 (2006)]
Q41: What must first be done before the
Courts can give effect to a foreign
judgment?
A41: A valid judgment rendered by a foreign
tribunal may be recognized insofar as the
immediate parties the underlying cause of
action are concerned so long as it is
convincingly shown that:
1. There has been an opportunity for a fair
hearing before a court of competent
jurisdiction,
2. Trial upon registered proceedings has
been conducted, and
3. There is nothing to indicate either a
prejudice in court and in the system of laws
Page 11 of 54
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under which it is sitting or fraud in procuring
the judgment. [Philippine Aluminum v.
Fasgi Enterprises, G.R. No. 137378
(2000)]
Before our courts can give the effect of res
judicata to a foreign judgment, it must be
shown that the parties opposed to the judgment
had been given ample opportunity to do so on
grounds under Section 48 of Rule 39 of the
ROC. [Roehr v. Rodriguez, G.R. No. 142480
(2003)]
Q42: What matters may be the subject of
appeal?
A42: An appeal may be taken from a judgment
or final order that completely disposes of the
case, or of a particular matter therein when
declared by the ROC to be appealable [Sec. 1,
Rule 41]
Note: Not every judgment or final order is
appealable. An example of judgments or final
orders which do not completely dispose of a
case and are, hence, not appealable are
several and separate judgments provided for
under Secs. 4 and 5 of Rule 36.
Q43: What matters are not appealable?
A43: The following matters are not appealable:
1. An order denying a petition for relief or any
similar motion seeking relief from
judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an
appeal;
4. An order denying a motion to set aside a
judgment by consent, confession or
compromise on the ground of fraud,
mistake or duress, or any other ground
vitiating consent;
5. An order of execution;
6. A judgment or final order 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, unless the court allows an
appeal therefrom; and
7. An order dismissing an action without
prejudice. [Sec. 1, Rule 41, as amended by
A.M. No. 07- 7-12-SC]
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Q44: When can a Rule 45 petition be filed?

Rule 45 Rule 65
A44: The petition shall be filed within fifteen
(15) days from notice of the judgment or final or in excess of
order or resolution appealed from, or of the jurisdiction or with
denial of the petitioner's motion for new trial or grave abuse of
reconsideration filed in due time after notice of discretion
the judgment.
Jurisdiction
On motion duly filed and served, with full
payment of the docket and other lawful fees Court exercises Court exercises
and the deposit for costs before the expiration appellate jurisdiction original jurisdiction
of the reglementary period, the Supreme Court
may for justifiable reasons grant an extension Where Filed
of thirty (30) days only within which to file the
petition. [Sec. 2, Rule 45] Brought only before May be filed in the
the Supreme Court appropriate court
Q45: What kind of questions may be having jurisdiction
resolved under a Rule 45 petition? over the lower court,
A45: A Rule 45 petition may only deal with tribunal, board, or
questions of law, which must be distinctly set officer.
forth in the petition. [Sec. 1, Rule 45]
Purpose
A question of law exists when there is a
Review of judgment, Directed against an
doubt/controversy as to what the law is on a
award or final order interlocutory order or
certain state of facts. There is a question of fact
on the merits where there is no
when the doubt/ difference arises as to the
truth/ falsehood of facts. [Ramos v. Pepsi, G.R. appeal or any other
No. L-22533 (1967)] plain, speedy, or
adequate remedy
If the test is whether the appellate court can
Pre-conditions
determine the issue raised without reviewing or
evaluating the evidence, it is a question of law. No need for Motion Motion for
The question must not involve the examination for Reconsideration Reconsideration is
of the probative value of the evidence required as a rule
presented. [Vda. De Arroyo v. El Beaterio, G.R.
No. L22005 (1968)] Time of Filing

Q46: Compare and Contrast Rule 45 vs. Appeal is taken Petition is filed not
Rule 65 within 15 days from later than 60 days
A46: notice of judgment, from notice of
Rule 45 Rule 65 final order, or judgment, order, or
resolution, or of resolution sought to
As to designation denial of be assailed. Fresh
petitioner’s motion period rule is
Petition for review on Petition for certiorari for new trial or applicable (Sec. 4)
certiorari reconsideration

Issues involved Parties

Issues involved are Issues of jurisdiction; Lower court or judge Tribunal, board, or
purely questions of i.e. whether the lower which rendered the officer has to be
law court acted without final order appealed impleaded as

Page 12 of 54
UP LAW BOC LAST MINUTE TIPS
Rule 45 Rule 65
from shall not be nominal party
impleaded in the respondent/public
appeal respondent
Q47: Which court has exclusive original
jurisdiction over actions to annul
judgments of the RTC?
A47: It is the Court of Appeals that has
exclusive original jurisdiction over actions for
annulment of judgments of the Regional Trial
Court [Sec. 1, Rule 47; Sec. 9(2), B.P. 129]
Q48: When is the remedy of annulment of
judgments available?
A48: It is available if the ordinary remedies of
new trial, appeal, petition for relief, or other
appropriate remedies are no longer available
through no fault of the petitioner. [Sec 1, Rule
47]. However, it is not a substitute for a lost
appeal. [Mercado v. Security Bank, G.R. No.
160445 (2006)] If the loss of the remedy of
appeal is due to the party’s and his former
counsel’s fault, the remedy is not available.
[Sps Sanchez v. Vda de Aguilar, G.R. No.
228680 (2018)]
Q49: State the grounds for annulment of a
judgment of the Regional Trial Court
A49: Annulment of judgment may be based on
the ground of (1) extrinsic fraud; or (2) lack of
jurisdiction [Sec. 2, Rule 47]
Q50: What is the effect of the action to annul
judgment?
A50: A judgment of annulment shall set aside
the questioned judgment or final order or
resolution and render the same null and void,
without prejudice to the original action being
refiled in the proper court. However, where the
judgment or final order or resolution is set aside
on the ground of extrinsic fraud, the court may
on motion order the trial court to try the case as
if a timely motion for new trial had been granted
therein [Sec. 7, Rule 47]
The prescriptive period for the refiling of the
aforesaid original action shall be deemed
suspended from the filing of such original
action until the finality of the judgment of
annulment. However, the prescriptive period
Page 13 of 54
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shall not be suspended where the extrinsic-
fraud is attributable to the plaintiff in the original
action [Sec. 8, Rule 47]
Q51: Is the issuance of a writ of possession
and final deed of sale after the expiration of
the one year redemption period in an
extrajudicial foreclosure of real estate
mortgage ministerial in nature?
A51: Yes. In extrajudicial foreclosure of real
estate mortgage, the rule is upon the expiration
of the one year redemption period, it forecloses
the obligors' right to redeem and that the sale
thereby becomes absolute. The time-honored
precept is that after the consolidation of titles in
the buyer’s name, for failure of the mortgagor
to redeem, the writ of possession becomes a
matter of right. Its issuance to a purchaser in
an extrajudicial foreclosure is merely a
ministerial function which cannot be enjoined or
stayed, even by an action for annulment of the
mortgage or the foreclosure sale itself. The
issuance of the final deed of sale, therefore, is
mere formality. [Erdenberger v. Aquino, A.M.
No. P-10-2739, August 24, 2011)]
Q52: What are the grounds under which a
writ of preliminary attachment may issue?
A52: A plaintiff or any party may, at the
commencement of the action or at any time
thereafter, have the property of the adverse
party attached as security for the satisfaction of
any judgment that may be recovered in the
following cases:
1. In an action for recovery of money or
damages on a cause of action arising from
contract, express or implied, against a
party who is about to depart from the
Philippines with intent to defraud his
creditors;
2. In an action for money or property
embezzled or fraudulently misapplied or
converted to his own use by a public officer,
or an officer of a corporation, or an
attorney, factor, broker, agent or clerk, in
the course of his employment as such, or
by any other person in a fiduciary capacity,
or for a willful violation of duty
3. In an action to recover the possession of
personal property unjustly detained, when
the property, or any part thereof, has been
concealed, removed or disposed of to
UP LAW BOC LAST MINUTE TIPS
prevent is being found or taken by the
applicant or an officer
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 concealing or
disposing of the property for the taking,
detention or conversion of which the action
is brought;
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
6. In an action against a party who resides out
of the Philippines, or on whom summons
may be served by publication.
Q53: What are the stages of attachment?
A53: The Court laid out the procedure as
follows in the case of Torres v. Satsatin [G.R.
No. 166759 (2009)]
1. Court issues order granting application
2. The writ of attachment issues pursuant to
the order
3. Implementation of the writ
For the first two stages, jurisdiction over the
defendant is not required. It is only required
during implementation of the writ. Such
jurisdiction may be acquired by service of
summons, together with a copy of the
complaint, the application of attachment, the
applicant’s affidavit and bond, and the order
and writ of attachment on the defendant within
the Philippines, prior to or contemporaneous
with the order for implementation. [Sec. 5, Rule
57]
Q54: What are the means to discharge an
attachment?
A54: There are two ways of discharging the
attachment.
1. First, to file a counter-bond in accordance
with Section 12 of Rule 57.
2. Second, to quash the attachment on the
ground that it was irregularly or
improvidently issued, as provided for in
Section 13 of the same rule.
Whether the attachment was discharged by
either of the two ways indicated in the law, the
attachment debtor cannot be deemed to have
waived any defect in the issuance of the
Page 14 of 54
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attachment writ by simply availing himself of
one way of discharging the attachment writ,
instead of the other. The filing of a counter-
bond is merely a speedier way of discharging
the attachment writ instead of the other way
[Torres v. Satsatin, G.R. No. 166759 (2009)]
Q55: What is the effect of dissolution of
preliminary attachment on plaintiff’s
attachment bond?
A55: Dissolution of preliminary attachment
upon security given, or a showing if its irregular
issuance, does not operate to discharge the
sureties on the attachment bond [Davao Light
and Power Co. v. CA, G.R. No. 93262 (1991)]
The bond is conditioned that the applicant will
pay all the costs which may be adjudged to the
adverse party and all damages which he may
sustain by reason of the attachment, if the court
shall finally adjudge that applicant was not
entitled thereto. [Sec. 4, Rule 57]
Until that determination is made, as to
applicant’s entitlement to attachment, his bond
must stand and cannot be withdrawn.
[Mindanao Savings & Loan Association Inc v.
CA, G.R. No. 84481 (1989)]
Q56: What must an applicant for a writ of
preliminary injunction establish?
A56: The applicant must establish:
1. The existence of a clear and unmistakable
right that must be protected; that is, right in
esse
2. This right in esse is directly threatened by
an act sought to be enjoined
3. A material and substantial invasion of such
right; and
4. An urgent and paramount necessity for the
writ to prevent serious damage. [Dulnuan
v. Metrobank, G.R. No. 196864 (2015)]
Q57: What kind of right must the applicant
have?
A57: The applicant's right must be clear or
unmistakable, that is, that the right is actual,
clear and positive especially calling for judicial
protection. An injunction will not issue to protect
a right not in esse and which may never arise
or to restrain an act which does not give rise to
a cause of action. [Marquez v. Sanchez, G.R.
No. 141849 (2007)]
UP LAW BOC LAST MINUTE TIPS
Q58: In what situations is an injunction not
allowed?
A58: Injunction is not allowed in the following
instances:
1. Under RA 8975 (An Act to Ensure the
Expeditious Implementation and
Completion of Government Infrastructure
Projects);
2. Under the Rule of Procedure in
Environmental Cases, no court can issue a
TRO or a preliminary injunction against
lawful actions of government agencies that
enforce environmental laws. [Sec. 10, Rule
2, Part II, AM No. 09-6-8-SC]
3. No TRO or injunction in any case involving
or growing out of a labor dispute shall be
issued by any court except as otherwise
provided in Arts. 218 and 264 of the Labor
Code. It is the NLRC which may grant
injunctive relief. [Ravago v. Esso, 453
SCRA 381 (2005)]
4. No court shall have the authority to grant
injunction to restrain the collection of any
national internal revenue tax except when
special circumstances warrant. [Sarasola
v. Trinidad, 40 Phil. 252 (1919)]
5. An injunction cannot be issued against
consummated acts. The established
principle is that when the events sought to
be prevented have already happened,
nothing more could be enjoined. [Ramos
Sr. v. CA, 173 SCRA 550 (1989)]
Q59: What is the writ of replevin?
A59: Replevin is the provisional remedy
seeking for the possession of the property prior
to the determination of the main action for
replevin. [BA Finance Corp. v. CA, G.R. No.
102998 (1996)]
Q60: What issues are determined by a writ
of replevin?
A60: Primarily, the action of replevin
determines nothing more than the right of
possession. However, by way of exception,
when the title to the property is distinctly put in
issue by the defendant's plea, the question of
ownership may be resolved in the same
proceeding. [Chiao Liong v. CA, G.R. No.
106251 (1993)]
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Q61: What is the proper remedy when a writ
of replevin is improperly implemented?
A61: The proper remedy to an improperly
implemented writ of replevin is to file a motion
to quash. [Siy v. Tomlin, G.R. No. 205998
(2017)]
However, the failure of a party to file a motion
to quash does not prevent a party from
assailing the improper service via a petition for
certiorari. The trial court is deemed to have
acted without or in excess of its jurisdiction if
improperly served. It must restore the parties to
their former positions by returning the seized
property and by discharging the replevin bond.
[Rivera v. Vargas, G.R. No. 165895 (2009)]
Q62: What are the requisites for the
issuance of a writ of replevin?
A62: For a writ of replevin to issue, the
requisites are:
1. The application for the writ must be filed at
the commencement of the action or at any
time before the defendant answers [Sec. 1,
Rule 60]
2. The application must contain an affidavit
where the applicant particularly describes
the property that he is the owner of the
property or that he is entitled to the
possession thereof;
The affidavit must contain the following:
1. That the applicant is the owner of the
property claimed, particular description of
such entitlement to possession particularly
describing it, or is entitled to the possession
thereof;
2. That the property is wrongfully detained by
the adverse party, alleging the cause of
detention according to applicant’s
knowledge, information and belief;
3. That the property has not been distrained
or taken for tax assessment or fine, or
seized by writ of execution, preliminary
attachment, or placed in custodia legis, or
if so seized, that is exempt or should be
released from custody;
4. Actual market value of the property [Sec. 2,
Rule 60]
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Q63: What are the requisites of a petition for
certiorari under Rule 65?
A63: A petition for certiorari under Rule 65 can
only be filed if the following requisites are
present:
1. Respondent is exercising judicial or quasi-
judicial function;
2. Respondent acted without or in excess of
its jurisdiction or acted with grave abuse of
discretion amounting to lack of jurisdiction;
and
3. There must be no appeal or no other plain,
speedy, and adequate remedy. [Sec. 1,
Rule 65; Barbers v. COMELEC, G.R. No.
165691 (2005)]
Q64: When can certiorari be granted even if
appeal is available?
A64: The general rule is that where an appeal
is available, certiorari will not lie [Jose v.
Zulueta, G.R. No. L-16598 (1961)]
The exceptions are:
1. Where appeal does not constitute a speedy
and adequate remedy;
2. Where orders were also issued either in
excess of or without jurisdiction;
3. For certain special considerations, as
public welfare or public policy;
4. Where, in criminal actions, the court rejects
the rebuttal evidence for the prosecution
as, in the case of acquittal, there could be
no remedy;
5. Where the order is a patent nullity; and
6. Where the decision in the certiorari case
will avoid future litigations. [Villarica
Pawnshop v. Gernale, G.R. No. 163344
(2009)]
Q65: Against whom may a quo warranto
petition be brought?
A65: A quo warranto petition may be brought
against:
1. A person who usurps, intrudes into, or
unlawfully holds or exercises a public
office, position, or franchise
Note: Sec. 2, Article XI of the Constitution
allows the institution of a quo warranto
action against an impeachable officer. After
all, a quo warranto petition is predicated on
grounds distinct from those of
impeachment. The former questions the
Page 16 of 54
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validity of a public officer’s appointment
while the latter indicts him for so-called
impeachable offenses without questioning
his title to the office he holds [Republic v.
Sereno, G.R. No. 237428 (2018)]
2. A public officer who does or suffers an
act, which, by the provision of law,
constitutes a ground for forfeiture of office;
or
3. An association which acts as a
corporation within the Philippines without
being legally incorporated or without lawful
authority so to act. [Sec. 1, Rule 66]
Q66: When are quo warranto petitions
improper?
A66: When not proper
1. Against persons who usurp an office in a
private corporation [Calleja v. Panday, G.R.
No. 168696 (2006)]
2. If the dispute is as to the counting of votes
or on matters connected with the conduct
of the election, a quo warranto is not the
proper remedy but an election protest.
[Cesar v. Garrido, G.R. No. 30705 (1929)]
3. Acts or omissions, even if it relates to the
qualification of integrity, being a continuing
requirement but nonetheless committed
during the incumbency of a validly
appointed and/or validly elected official,
cannot be the subject of a quo warranto
proceeding. [Republic v. Sereno, G.R. No.
237428 (2018)]
Q67: What are the rules on jurisdiction over
quo warranto petitions?
A67: The jurisdiction over courts in quo
warranto petitions is as follows:
1. Original jurisdiction to issue the writ of quo
warranto is vested in the SC, CA, and RTC.
[Sec. 5(1), Art. VIII, Constitution; Secs. 9
and 21, B.P. 129]
2. Quo warranto actions against corporations
with regard to franchises and rights granted
to them, as well as the dissolution of
corporations now fall under the jurisdiction
of the RTC. [Sec. 5.2, RA No. 8799 in
relation to P.D. 902-A; Unilongo v. CA,
G.R. No. 123910 (1999)]
3. The usurpation of an office in a private
corporation falls under the jurisdiction of
the RTC [Sec. 5.2, R.A. 8799 in relation to
UP LAW BOC LAST MINUTE TIPS
P.D. 902-A; Calleja v. Panday, G.R. No.
168696 (2006)]
Q68: May a quo warranto petition be
brought to the Supreme Court in all cases?
A68: No. In cases where the Supreme Court
and the Regional Trial Court have concurrent
jurisdiction, the same will not be entertained by
the Supreme Court unless a justified showing
is made as to why the petition is filed therein
instead of the Regional Trial Court (see Piit vs.
De Lara, et al., 58 Phil. 765) Absent sufficient
reasons, the action will be left for determination
by the Regional Trial Court which is better
equipped to take testimony and resolve factual
questions involved therein [see Veraguth vs.
Isabela Sugar Co., 57 Phil. 266].
Q69: What are the requisites of a valid
exercise of eminent domain?
A69: The requisites are:
1. The property taken must be private
property;
2. TThere must be genuine necessity to take
the private property;
3. The taking must be for public use;
4. There must be payment of just
compensation; and
5. The taking must comply with due process
of law. [Manapat v. CA, G.R. No. 110478
(2007)]
Q70: When does taking occur?
A70: There is taking when the expropriator
enters private property not only for a
momentary period but for a more permanent
duration for the purpose of devoting the
property to a public use in such a manner as to
oust the owner and deprive him of all the
beneficial enjoyment thereof. [Republic v.
Sarabia, G.R. No. 157847 (2005)]
Q71: What are the two stages in every
action for expropriation?
A71: The two stages in an expropriation suit
are:
1. The stage dealing with the propriety of
expropriation This stage involves the
determination of the authority of the plaintiff
to exercise the power of eminent domain
and the propriety of its exercise in the
context of the facts involved in the suit. It
ends with an order of dismissal or order of
Page 17 of 54
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condemnation declaring that the plaintiff
has a lawful right to take the property
sought to be condemned, for the public use
or purpose described in the complaint,
upon the payment of just compensation to
be determined as of the date of the filing of
the complaint.
2. The second stage, which deals with the
payment of just compensation. This stage
involves the determination by the Court of
"the just compensation for the property
sought to be taken” with the assistance of
not more than three (3) commissioners.
Q72: What does the just compensation
stage involve?
A72:
1. This stage involves the determination by
the Court of "the just compensation for the
property sought to be taken” with the
assistance of not more than three (3)
commissioners.
2. The order fixing the just compensation on
the basis of the evidence before, and
findings of, the commissioners would be
final, too. It would finally dispose of the
second stage of the suit, and leave nothing
more to be done by the Court regarding the
issue. [National Power Corporation v.
Posada, G.R. No. 191945 (2015)]
Q73: Where does RA 10752, or the Right of
Way Act, apply?
A73: Republic Act 10752, also known as “The
Right of Way Act” ensures that owners of real
property acquired for national government
infrastructure projects are promptly paid just
compensation for the expeditious acquisition of
the required right-of-way for the projects
For non-government infrastructure projects If
expropriation is engaged in by the national
government for purposes other than national
infrastructure projects, the assessed value
standard and deposit mode prescribed in Rule
67 continues to apply. In such a case, the
government is required only to make an initial
deposit with an authorized government
depository. [2 Riano 297-298, 2016 Bantam
Ed.]
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Q74: How is just compensation determined
and paid under the Right of Way Act?
A74: Upon the filing of the complaint or at any
time thereafter, and after due notice to the
defendant, the implementing agency shall
immediately deposit to the court in favor of the
owner the amount equivalent to the sum of
1. 100% of the value of the land based on the
current relevant zonal valuation of the BIR
issued not more than 3 years prior to the
filing of the expropriation complaint
2. The replacement cost at current market
value of the improvements and structures
as determined by
a. The implementing agency
b. A government financial institution with
adequate experience in property
appraisal, and
c. An independent property appraiser
accredited by the BSP.
3. The current market value of crops and
trees located within the property as
determined by a government financial
institution or an independent property
appraiser to be selected as indicated in
Sec. 5(a)
Upon compliance with the guidelines above
mentioned, the court shall immediately issue to
the implementing agency an order to take
possession of the property and start the
implementation of the project. [Sec. 6, R.A.
10752]
Q75: What are the kinds of foreclosure?
A75: The two kinds of foreclosure are:
1. Judicial foreclosure, which is foreclosure in
a court done pursuant to Rule 68 of the
Rules of Court.
2. Extrajudicial foreclosure, which is done
outside of court and follows the provisions
of Act No. 3135, as amended by Act No.
4118
Extrajudicial foreclosure is the mode to be used
if there is a special power inserted in the real
estate mortgage contract allowing an
extrajudicial foreclosure sale. Where there is
no such special power, the foreclosure shall be
done judicially following Rule 68. [2 Riano 313,
2016 Bantam Ed.]
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Q76: What are the requisites for a valid
foreclosure?
A76:
1. A finding of the amount due the plaintiff
including interest, cost and other charges
approved by the court;
2. Order to defendant to pay said amount
within a period of not less than 90 days nor
more than 120 days from entry of
judgment; and
3. If the defendant defaults, the court should
order the sale at public auction of the
mortgaged property [Sec. 2, Rule 68].
Q77: What is the difference between the
right of redemption and equity of
redemption?
A77: Equity of redemption is the right of the
mortgagor to extinguish the collateral and
retain ownership of it by paying the debt before
the foreclosure sale. The court may set the
equity of redemption to be exercised within a
period of not less than 90 days and not more
than 120 days [Sec. 2, Rule 68]. Right of
redemption is a statutory right. In order to claim
it, there must be a specific law that
exceptionally allows it such as RA 8791, which
grants the mortgage debtor of a bank a right to
redeem the property within 1 year after the sale
of the collateral in a judicial foreclosure.
Q78: Compare and Contrast Forcible
Entry/Unlawful Detainer
A78:
Forcible Entry Unlawful Detainer
Who May File
1. A person who has been deprived of the
possession of any land or building by
force, intimidation, threat, strategy, or
stealth
2. A lessor, vendor, vendee, or other
person against whom the possession of
any land or building is unlawfully
withheld after the expiration or
termination of the right to hold
possession, by virtue of any contract,
express or implied
3. The legal representatives or assigns of
any lessor, vendor, vendee, or other
person
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Forcible Entry Unlawful Detainer
When to File
The action must be The action must be
filed within one year filed within one year
from illegal entry from the date of the
last demand
Where to File
METCs, MTCs, and MCTCs have exclusive
original jurisdiction over cases of forcible
entry and unlawful detainer: provided, that
when, in such cases, the defendant raises
the question of ownership is his pleadings
and the question of possession cannot be
resolved without deciding the issue of
ownership, the issue of ownership shall be
resolved only to determine the issue of
possession.
CRIMINAL PROCEDURE
A. Bail
Q: Is the right to bail a constitutional right?
A: Yes, it is provided for in the Bill of Rights. All
persons, except those charged with offenses
punishable by reclusion perpetua when
evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or
be released on recognizance as may be
provided by law. The right to bail shall not be
impaired even when the privilege of the writ of
habeas corpus is suspended. Further,
excessive bail shall not be required. [Sec. 13,
Art. III, Constitution]
Q: When is bail a matter of right?
A: Bail is a matter of right:
1. before or after conviction, but pending
appeal, by the first-level courts; and
2. before conviction by RTC of an offense not
punishable by death, reclusion perpetua, or
life imprisonment [Sec. 4, Rule 114]
Q: When is bail a matter of discretion?
A: Upon conviction by the RTC of an offense
not punishable by death, reclusion perpetua, or
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life imprisonment, admission to bail is
discretionary [Sec. 5, Rule 114].
Q: When is bail not allowed?
A: No person charged with a capital offense, or
an offense punishable by reclusion perpetua or
life imprisonment, shall be admitted to bail
when evidence of guilt is strong, regardless of
the state of the criminal prosecution. [Sec. 7,
Rule 114]
Q: May bail be granted for humanitarian
reasons?
A: Yes, the 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)]
In Enrile, the Court considered the accused’s
old age and physical condition.
Q: Is the accused required to present
evidence in the hearing for application for
bail?
A: No. The accused may file a petition for bail
to determine whether evidence of guilt is
strong. If the judge finds that evidence of guilt
is not strong, bail may be granted. In such
determination, the prosecution has the burden
of showing that evidence of guilt is strong. [Sec.
8, Rule 114]
Q: In what instances may bail be denied or
cancelled?
A: If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail
cancelled upon a showing by the prosecution,
with notice to the accused, of the following or
other similar circumstances:
1. That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the
crime aggravated by the circumstance of
reiteration;
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2. That he has previously escaped from legal
confinement, evaded sentence, or violated
the conditions of his bail without a valid
justification;
3. That he committed the offense while under
probation, parole, or conditional pardon;
4. That the circumstances of his case indicate
the probability of flight if released on bail; or
5. That there is undue risk that he may
commit another crime during the pendency
of the appeal. [Leviste v. Court of Appeals,
G.R. No. 189122 (2010)]
Q: In the absence of the above
circumstances, will the court automatically
grant bail?
A: No, a finding that none of the circumstances
is present will not automatically result in the
grant of bail. Such finding will simply authorize
the court to use the less stringent sound
discretion approach. [Leviste v. Court of
Appeals, G.R. No. 189122 (2010)]
Q: Is arraignment a requirement before any
hearings on an application for bail?
A: No, the arraignment of an accused is not a
prerequisite to the conduct of hearings on his
petition for bail. A person is allowed to petition
for bail as soon as he is deprived of his liberty
by virtue of his arrest or voluntary
surrender. An accused need not wait for his
arraignment before filing a petition for bail.
[Serapio v. Sandiganbayan, G.R. No. 148468
(2003)]
Q: After denial of the first, is a second
application for bail barred by res judicata?
A: No, because res judicata does not apply to
criminal proceedings. Expressly applicable in
civil cases, res judicata settles with finality the
dispute between the parties or their
successors-in-interest. As found in Rule 39 of
the Rules of Civil Procedure, it is a principle in
civil law and “has no bearing on criminal
proceedings.” [People v. Escobar, G.R. No.
214300 (2017)]
Q: Does an application for bail amount to a
waiver of objections?
A: No, bail is not a bar to objections on illegal
arrest, lack of or irregular preliminary
investigation. An application for or admission to
bail shall not bar the accused from challenging
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the validity of his arrest or the legality of the
warrant issued therefore, or from assailing the
regularity or questioning the absence of a
preliminary investigation of the charge against
him, provided that he raises them before
entering his plea. The court shall resolve the
matter as early as practicable but not later than
the start of the trial of the case. [Sec. 26, Rule
114]
B. Motion to Quash
Q: What are the grounds for a motion to
quash? Are they exclusive?
A:
1. Facts charged do not constitute an offense;
2. Court trying the case has no jurisdiction
over the offense charged;
3. Court trying the case has no jurisdiction
over the person of the accused;
4. officer who filed the information had no
authority to do so;
5. The information does not conform
substantially to the prescribed form; (e.g. if
there is no certification);
6. More than one offense is charged, except
when a single punishment for various
offenses is prescribed by law;
7. Criminal action or liability has been
extinguished;
8. Averments which, if true, would constitute
a legal excuse or justification;
9. Accused has been previously convicted or
acquitted of the offense charged, or the
case against him was dismissed or
otherwise terminated without his express
consent.
These are exclusive.
Q: Can matters of defense be raised in a
motion to quash?
A: No, matters of defense cannot be raised in
a motion to quash. Matters of defense may be
raised only during the presentation of evidence.
[People v. Odtuhan, G.R. No. 191566 (2013)]
Q: What is the effect of failure to move to
quash or to allege any grounds therefor?
A: Generally, the failure of the accused to
assert any ground of a motion to quash before
he pleads to the complaint or information shall
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be deemed a waiver of any objections. This
rule does not apply to the following objections:
1. The facts charged do not constitute an
offense;
2. Lack of jurisdiction over the offense
charged;
3. Extinguishment of criminal action or
liability; and
4. Double Jeopardy. [Sec. 9, Rule 117]
Q: Under the Revised Guidelines for
Continuous Trial of Criminal Cases, when is
a motion to quash meritorious?
A: Motions that allege plausible grounds
supported by relevant documents and/or
competent evidence, except those that are
already covered by the Revised Guidelines, are
meritorious motions, such as a motion to quash
the 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 under Sec. 3, par.
(a), (b), (g), and (i), Rule 117. If the grounds
mentioned are not present, it is a prohibited
motion that will be denied outright before the
scheduled arraignment without need of
comment and/or opposition.
Q: May a complaint or information be
amended if a motion to quash such
complaint or information is based on an
alleged defect of such?
A: If the motion to quash is based on an alleged
defect in the complaint or information which
can be cured by amendment, the court shall
order the amendment to be made. [Sec. 4, Rule
117]
Q: What is the exception to the rule
prohibiting duplicity of offenses in a single
information?
A: Excepted from rule prohibiting duplicity of
offenses in a single information are special
complex crimes or those crimes that may be
complexed under Art. 48 of the Revised Penal
Code.
Q: What is the effect if the accused does not
file a motion to quash on the ground that the
information alleges more than one offense?
A: If the accused does not file a motion to
quash on the ground that the information
alleges more than one offense, he may be
Page 21 of 54
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convicted of all those offenses charged and
proved during trial.
Q: Is the order denying the motion to quash
appealable?
A: Generally, it is interlocutory and not
appealable. Certiorari and prohibition are not
the correct remedies against an order denying
a motion to quash. The defendant should
instead go to trial and raise the special defense
he had invoked in his motion. If after trial on the
merits, an adverse decision is rendered, the
remedy is to appeal in the manner authorized
by law [Bulaong v. CA, G.R. No. 78555 (1990)].
However, this does not apply when:
1. the act has ceased to be an offense;
2. when intervention by higher court is
required for the orderly administration of
justice or in the interest of both the accused
and the public;
3. it is unfair and unjust to make the accused
go to trial;
4. when the circumstances warrant that
technicalities of procedure should be set
aside; and
5. if the court denying the motion to quash
acted without or in excess of jurisdiction or
with grave abuse of discretion.
Note: In Macapagal-Arroyo v. People, it was
held that an interlocutory order (in this case, an
order denying a demurrer to evidence) may be
questioned via a Rule 65 petition for certiorari
if the order was attended by grave abuse of
discretion.
Q: What is the remedy of the accused if his
motion to quash is denied?
A: When the motion to quash is denied, the
accused should:
1. plead;
2. go to trial without prejudice to the special
defenses he invoked in the motion; and
3. appeal from the judgment of conviction, if
any, and interpose the denial of the motion
as an error.
C. Provisional Dismissal
Q: What is a provisional dismissal?
A: Provisional dismissal is dismissal without
prejudice to its being refiled or revived. Cases
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are provisionally dismissed where there has
already been arraignment and the accused
consented to a provisional dismissal.
Q: What are the requisites for a provisional
dismissal?
A:
1. There must be express consent of the
accused; and
2. There must be notice to the offended party.
Q: When does provisional dismissal
become permanent?
A: The provisional dismissal of offenses
punishable by imprisonment not exceeding six
(6) years or a fine of any amount, or both, shall
become permanent one (1) year after issuance
of the order without the case having been
revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their
provisional dismissal shall become permanent
two (2) years after issuance of the order without
the case having been revived. [People v.
Lacson, G.R. No. 149453 (2003)]
D. Discharge as State Witness
Q: What are the conditions to discharge an
accused as state witness?
A:
1. Two or more persons are jointly charged
with the commission of any offense;
2. The motion to discharge is filed by the
prosecution before it rests its case;
3. The prosecution is required to present
evidence and the sworn statement of each
propose state witness at a hearing in
support of the discharge;
4. The accused gives his consent to be a
state witness; and
5. The trial court is satisfied that:
a. there is absolute necessity for the
testimony of the accused (not merely
corroborative);
b. there is no other direct evidence
available for the proper prosecution of
the offense committed, except the
testimony of said accused;
c. the testimony of said accused can be
substantially corroborated in its
material points;
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d. said accused does not appear to be the
most guilty; and
e. said accused has not been at any time
convicted of any offense involving
moral turpitude. [Sec. 17, Rule 119]
E. Demurrer to Evidence
Q: What is a demurrer to evidence?
A: A demurrer to evidence is a motion to
dismiss due to the insufficiency of the evidence
presented by the prosecution to overturn the
presumption of innocence in favor of the
accused. It can be done with leave of court and
without leave of court.
Q: What is the effect of granting the
demurrer to evidence?
A: The court dismisses the action on the
ground of insufficiency of evidence [Sec. 23,
Rule 119] This amounts to acquittal and double
jeopardy will attach. [People v.
Sandiganbayan, G.R. No. 164577 (2010)]
Q: Is the order granting the demurrer
appealable?
A: No, but it may be reviewed via certiorari
under Rule 65 [People v. Sandiganbayan, G.R.
No. 164577 (2010)]
Q: What is the effect of the denial of the
demurrer to evidence?
A: If filed with leave of court, the accused may
still present evidence in his defense. If not filed
with leave of court, the accused is deemed to
have waived his right to present evidence.
[Sec. 23, Rule 119]
Q: Is the order denying the demurrer
appealable or reviewable via certiorari?
A: No, it is not reviewable by appeal or by
certiorari before judgment [Sec. 23, Rule 119]
F. Plea of Guilty
Q: What is required of the court when there
is a plea of guilty to a capital offense?
A: The three (3)-fold duty of the trial court in
instances where the accused pleads guilty to a
capital offense is as follows:
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1. conduct a searching inquiry into the
voluntariness and full comprehension of
the consequences of the plea of guilt,
2. require the prosecution to prove the
accused's guilt and precise degree of
culpability, and
3. inquire whether or not the accused wishes
to present evidence in his behalf and allow
him to do so if he desires. [People v. Pagal,
G.R. No. 241257 (2020)]
Q: What is the essence of the ‘searching
inquiry’ requirement?
A: The searching inquiry requirement means
more than informing cursorily the accused that
he faces a jail term but also, the exact length of
imprisonment and the certainty that he will
serve time in jail. The searching inquiry of the
trial court must be focused on:
1. the voluntariness of the plea, and
2. the full comprehension of the
consequences of the plea.
The inquiry must also expound on the events
that actually took place during the arraignment,
the words spoken and the warnings given, with
special attention to the age of the accused, his
educational attainment and socio-economic
status as well as the manner of his arrest and
detention, the provision of counsel in his behalf
during the custodial and preliminary
investigations, and the opportunity of his
defense counsel to confer with him. These
matters are relevant since they serve as
trustworthy indices of his capacity to give a free
and informed plea of guilt. Lastly, the trial court
must explain the essential elements of the
crime he was charged with and its respective
penalties and civil liabilities, and also direct a
series of questions to defense counsel to
determine whether he has conferred with the
accused and has completely explained to him
the meaning of a plea of guilty. This formula is
mandatory and absent any showing that it was
followed, a searching inquiry cannot be said to
have been undertaken. Simply, the
requirement ensures that the plea of guilty was
voluntarily made and that the accused
comprehends the severe consequences of his
plea. This means asking a myriad of questions
which would solicit any indication of coercion,
misunderstanding, error, or fraud that may
have influenced the decision of the accused to
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plead guilty to a capital offense. [People v.
Pagal, G.R. No. 241257 (2020)]
Q: What are the guidelines for the
‘searching inquiry’ to be conducted?
A:
1. Ascertain from the accused himself:
a. how he was brought into the custody of
the law;
b. whether he had the assistance of a
competent counsel during the custodial
and preliminary investigations; and
c. under what conditions he was detained
and interrogated during the
investigations.
This is intended to rule out the possibility
that the accused has been coerced or
placed under a state of duress either by
actual threats of physical harm coming
from malevolent quarters or simply
because of the judge's intimidating robes.
2. Ask the defense counsel a series of
questions as to whether he had conferred
with, and completely explained to, the
accused the meaning and consequences
of a plea of guilty.
3. Elicit information about the personality
profile of the accused, such as his age,
socio-economic status, and educational
background, which may serve as a
trustworthy index of his capacity to give a
free and informed plea of guilty.
4. Inform the accused the exact length of
imprisonment or nature of the penalty
under the law and the certainty that he will
serve such sentence. For not infrequently,
an accused pleads guilty in the hope of a
lenient treatment or upon bad advice or
because of promises of the authorities or
parties of a lighter penalty should he admit
guilt or express remorse. It is the duty of the
judge to ensure that the accused does not
labor under these mistaken impressions
because a plea of guilty carries with it not
only the admission of authorship of the
crime proper but also of the aggravating
circumstances attending it, that increase
punishment.
5. Inquire if the accused knows the crime with
which he is charged and fully explain to him
the elements of the crime which is the basis
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of his indictment. Failure of the court to do Executive Judicial

so would constitute a violation of his Determination Determination
fundamental right to be informed of the evidence to support v. People, G.R. No.
precise nature of the accusation against an Information being 197293 (2014)]
him and a denial of his right to due process. filed. [Mendoza v.
6. All questions posed to the accused should People, G.R. No.
be in a language known and understood by 197293 (2014)]
the latter. Courts cannot
7. The trial judge must satisfy himself that the interfere, except
accused, in pleading guilty, is truly guilty. upon showing of
The accused must be required to narrate grave abuse of
the tragedy or reenact the crime or furnish discretion amounting
its missing details. [People v. Pagal, G.R. to lack or excess of
No. 241257 (2020)] jurisdiction (special
civil action for
Q: What is the effect of failure to follow the certiorari). [Callo-
‘searching inquiry’ requirement? Claridad v. Esteban,
A: The plea will be an improvident plea of G.R. No. 191567
guilty. The failure of the court to inquire into (2013)]
whether the accused knows the crime with
which he is charged and to fully explain to him Q: Can probable cause be established by
the elements of the crime constitutes a violation hearsay evidence?
of the accused's fundamental right to be A: Yes, probable cause can be established
informed of the precise nature of the with hearsay evidence, as long as there is
accusation against him and a denial of his right substantial basis for crediting the hearsay.
to due process. [People v. Pagal, G.R. No. Hearsay evidence is admissible in determining
241257 (2020)] probable cause in a preliminary investigation
because such investigation is merely
G. Determination of Probable preliminary, and does not finally adjudicate
rights and obligations of parties. However, in
Cause administrative cases, where rights and
obligations are finally adjudicated, what is
Q: Distinguish executive determination
required is "substantial evidence" which cannot
from judicial determination of probable
rest entirely or even partially on hearsay
cause.
evidence. Substantial basis is not the same as
A:
substantial evidence because substantial
Executive Judicial evidence excludes hearsay evidence while
Determination Determination substantial basis can include hearsay
It is made during It is made by the evidence. [Estrada v. Ombudsman, G.R. Nos.
preliminary judge to ascertain 212140-41 (2015)]
investigation by the whether a warrant of
public prosecutor arrest should be
who has quasi- issued against the H. Arrests
judicial authority to accused. The judge
determine whether must satisfy himself Q: Is a warrantless arrest allowed?
probable cause that based on the A: Generally, no peace officer or person has
exists to charge evidence submitted, the power or authority to arrest anyone without
those whom he there is a necessity a warrant except in those cases expressly
believes to have for placing the authorized by law [Umil v. Ramos, G.R. No.
committed the crime accused under 81567 (1991)]. These are the exceptions:
as defined by law. It custody in order not 1. In flagrante delicto [Sec. 5(a), Rule 113];
determines whether to frustrate the ends 2. Hot pursuit arrest [Sec. 5(b), Rule 113];
there is enough of justice. [Mendoza

Page 24 of 54
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3. Arrest of escaped prisoner [Sec. 5(c), Rule
113]; and
4. Other lawful warrantless arrests
specifically:
a. If a person lawfully arrested escapes or
is rescued, any person may
immediately pursue or retake him
without a warrant at any time and in any
place within the Philippines [Sec. 13,
Rule 113];
b. For the purpose of surrendering the
accused, the bondsmen may arrest
him or, upon written authority endorsed
on a certified copy of the undertaking,
cause him to be arrested by a police
officer or any other person of suitable
age and discretion [Sec. 23, Rule 114];
c. An accused released on bail may be re-
arrested without the necessity of a
warrant if he attempts to depart from
the Philippines without permission of
the court where the case is pending
[Sec. 23, Rule 114]
Q: What are the requisites for a warrantless
arrest under in flagrante delicto?
A: A peace officer or a private person may,
arrest when, in his presence, the person to be
arrested has committed or is actually
committing, or is attempting to commit an
offense [Sec. 5(a), Rule 113]. These are the
requisites:
1. The person to be arrested executes 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,
meaning the arresting officer sees the
offense, even though at a distance, or
3. He hears the disturbances created by the
offense and proceeds at once to the scene
[People v. Evaristo, G.R. No. 93828 (1992)]
Q: What are the requisites for a warrantless
arrest under a hot pursuit?
A: A peace officer or a private person may
make an arrest when an offense has just been
committed and the officer or private person has
probable cause to believe, based on personal
knowledge of facts that the person to be
arrested has committed it [Sec. 5(b), Rule 113].
These are the requisites:
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1. An offense has just been
Committed. There must be a large
measure of immediacy between the time
the offense was committed and the time of
the arrest. [People v. del Rosario, G.R. No.
127755 (1999); People v. Agojo , G.R. No.
181318 (2009)]; and
2. The person making the arrest has probable
cause to believe, based on Personal
Knowledge of facts and circumstances,
that the person to be arrested has
committed it.
Q: What are the requisites for a warrantless
arrest of an escaped prisoner?
A: A peace officer or a private person may
arrest 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 while being transferred from
one confinement to another [Sec. 5(c), Rule
113]
Q: Is a person arrested or detained entitled
to ask for preliminary investigation during
inquest after a valid warrantless arrest?
A: Yes. When a person is lawfully arrested
without warrant involving an offense which
requires a preliminary investigation, where the
offense is at least 4 years, 2 months and 1 day,
the complaint or information may be filed by a
prosecutor without need of a preliminary
investigation provided an inquest has been
conducted. In the absence or unavailability of
an inquest prosecutor, the complaint may be
filed by the offended party or a peace officer
directly with the proper court on the basis of the
affidavit of the offended party or arresting
officer or person. Before the complaint or
information is filed by the prosecutor, the
person arrested may ask for a preliminary
investigation but he or she must sign a waiver
of the provision of Article 125 of the Revised
Penal Code, in the presence of his counsel.
Article 125 provides penalties against the
public officer or employee who shall delay in
the delivery of detained persons to the proper
judicial authorities within the period of: 12
hours, 18 hours, or 36 hours, depending on the
gravity of the offense. Notwithstanding the
waiver, the person arrested may apply for bail
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and the investigation must be terminated within
15 days from its inception.
Q: Is a person arrested or detained entitled
to assistance of counsel?
A: Yes, any person arrested, detained, or
under custodial investigation shall at all times
be assisted by counsel who is competent and
independent. Any public officer or employee, or
anyone acting under his order or his place, who
arrests, detains or investigates any person for
the commission of an offense shall inform the
latter, in a language known to and understood
by him, of his rights to remain silent and to have
competent and independent counsel,
preferably of his own choice, who shall at all
times be allowed to confer privately with the
person arrested, detained or under custodial
investigation. If such person cannot afford the
services of his own counsel, he must be
provided with a competent and independent
counsel by the investigating officer. [Sec. 2(a)
and (b), R.A. No. 7438]
Q: What is required is an arrest or seizure
related to illegal drugs?
A: The following should 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 9165(Comprehensive
Dangerous Drugs Act of 2002), and its
Implementing Rules and Regulations
(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 to preserve the integrity and
evidentiary value of the seized/confiscated
items;
3. If there is no justification or explanation
expressly declared in the sworn
statements/affidavits, the investigating
fiscal must not immediately file the case
before the court. Instead, he or she must
refer the case for further preliminary
investigation in order to determine the
(non) existence of probable cause; and
4. If the investigating fiscal filed the case
despite such absence, the court may
exercise its discretion to either refuse to
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issue a commitment order (or warrant of
arrest) or dismiss the case outright for lack
of probable cause in accordance with
Section 5, Rule 112, Rules of Court.
[People v. Lim, G.R. No. 231989 (2018)]
I. Searches and Seizures
Q: What is a search warrant?
A: It is an order in writing; issued in the name
of the People of the Philippines; signed by a
judge; and directed to a peace officer,
commanding him to search for personal
property described in the warrant and bring it
before the court [Sec. 1, Rule 126]
Q: What are the contents of a search
warrant?
A: The search warrant must be in writing and
contain:
1. Name of person against whom it is
directed;
2. Offense for which it was issued;
3. The place to be searched;
4. The description of the specific things to be
seized;
5. A directive to law enforcement officers to
search and seize and for them to bring in
court the things seized; and (6) Signature
of the judge issuing it. The absence of such
requisites will cause the search warrant’s
downright nullification [Santos v. Pryce
Gases, Inc., G.R. No. 165122 (2007)]
Q: When is the description of the place to
be searched considered sufficiently
particular?
A: Description of the place to be searched is
sufficient if the officer with the search warrant
can, with reasonable efforts, ascertain and
identify the place intended [People v. Veloso,
G.R. No. L-23051 (1925)]
Q: What is the effect of a search warrant
containing both general and particular
descriptions of items to be seized?
A: The general description of the documents
listed in the search warrant does not render it
void if it is severable, and those items not
particularly described may be cut off without
destroying the whole [Uy v. BIR, G.R. No.
129651 (2000)]
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Q: What are the valid warrantless searches?
A:
1. Warrantless search incidental to a lawful
arrest;
2. search of evidence in plain view;
3. search of a moving vehicle;
4. consented warrantless search;
5. customs search;
6. stop and frisk;
7. exigent and emergency circumstances;
8. searches conducted in check points;
9. in flagrante delicto;
10. hot pursuit; and
11. arrested escaped prisoner.
Q: When is a search incidental to a lawful
arrest allowed?
A: The rule assumes that the arrest is legal. If
the arrest is illegal, then the search is illegal
and as a result, the things seized are
inadmissible as evidence [People v. Aruta,
G.R. No. 120195 (1998)] Even without a
warrant, the person arrested may be searched
for:
1. Dangerous weapons;
2. Anything which may have been used in the
commission of an offense, or
3. Anything which may constitute proof in the
commission of the offense [Sec. 13, Rule
126]
Q: What are the requirements of a
consented search?
A:
1. The right exists;
2. The person involved had knowledge, either
actual or constructive, of the existence of
such right; and
3. The said person had an actual intention to
relinquish the right. [People v. Nuevas,
G.R. No. 170233 (2007)]
It is the State which has the burden of proving,
by clear and positive testimony, that the
necessary consent was obtained and that it
was freely and voluntarily given.
Q: When is a search of a moving vehicle
allowed?
A: When a vehicle is stopped and subjected to
an extensive search, such a warrantless
search should be constitutionally permissible
only if the officers conducting the search have
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reasonable or probable cause to believe,
before the search, that either:
1. the motorist is a law-offender; or
2. they will find the instrumentality or evidence
pertaining to a crime in the vehicle to be
searched [Caballes v. CA, G.R. No.
136292 (2002)]
However, these searches would be limited to
visual inspection, and the vehicles or their
occupants cannot be subjected to physical or
body searches, except where there is probable
cause to believe that the occupant is a law
offender or the contents of the vehicles are
instruments or proceeds of some criminal
offense.
Q: What are the requirements of a plain view
search?
A:
1. Police must have prior justification to a prior
valid intrusion i.e., based on the valid
warrantless arrest in which the police are
legally present in the pursuit of their official
duties;
2. Evidence was inadvertently discovered by
the police who have a right to be where
they are;
3. Evidence must be immediately and
apparently illegal (i.e., drug paraphernalia);
and
4. Plain view justified mere seizure of
evidence without further search [People v.
Martinez, G.R. No. 191366 (2010)]
Q: When is a stop and frisk search
allowed?
A: Stop and frisk is a limited protective search
of outer clothing for weapons [Malacat v. CA,
G.R. No. 123595 (1997)]. Where a police
officer observes unusual conduct, which leads
him reasonably to conclude in the light of his
experience that criminal activity may be afoot,
and that a person with whom he is dealing may
be armed and presently dangerous, he is
entitled to conduct a stop and frisk search.
Q: What is the chain of custody?
A: It 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
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seizure/confiscation to receipt in the forensic
laboratory to safekeeping to presentation in
court for destruction. Such record of
movements and custody of seized items shall
include the identity and signature of the person
who held temporary custody of the seized item,
the date and time when such transfer of
custody were made in the course of
safekeeping and use in court as evidence, and
the final disposition. [Sec. 1(b) of the
Dangerous Drugs Board Regulation No. 1
(2002)].
Q: What links in the chain of custody must
be proven?
A: The links in the chain of custody that must
be established are:
1. the seizure and marking, if practicable, of
the illegal drug recovered from the accused
by the apprehending officer;
2. the turnover of the seized illegal drug by the
apprehending officer to the investigating
officer;
3. the turnover of the illegal drug by the
investigating officer to the forensic chemist
for laboratory examination; and
4. the turnover and submission of the illegal
drug from the forensic chemist to the court.
[People v. Lim, G.R. No. 231989 (2018)]
Q: What is required is an arrest or seizure
related to illegal drugs?
A: The following should 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 9165(Comprehensive
Dangerous Drugs Act of 2002), and its
Implementing Rules and Regulations
(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 to preserve the integrity and
evidentiary value of the seized/confiscated
items;
3. If there is no justification or explanation
expressly declared in the sworn
statements/affidavits, the investigating
fiscal must not immediately file the case
before the court. Instead, he or she must
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refer the case for further preliminary
investigation in order to determine the
(non) existence of probable cause; and
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 case outright for lack
of probable cause in accordance with
Section 5, Rule 112, Rules of Court.
[People v. Lim, G.R. No. 231989 (2018)]
J. Promulgation of Judgment
Q: Is the presence of the accused required
during promulgation of judgment?
A: Generally, yes. The presence of the
accused is mandatory. However, if the
conviction is for a light offense, the judgment
may be pronounced in the presence of his
counsel or representative [Sec. 6, Rule 120]
Q: What is the consequence of the
accused’s absence?
A: If the judgment is for conviction and the
failure of the accused to appear was without
justifiable cause, he shall lose the remedies
available in the Rules of Court against the
judgment and the court shall order his arrest.
However, within 15 days from promulgation of
judgment, he may surrender and file a motion
for leave of court to avail of these remedies. He
shall state the reasons for his absence. If he
proves his absence was for a justifiable cause,
he shall be allowed to avail of the remedies
within 15 days from notice [Sec. 6, Rule 120;
People v. De Grano, G.R. No. 167710 (2009)]
K. Precautionary Hold Departure
Order
Q: What is a precautionary hold departure
order?
A: It is an order in writing issued by a court
commanding the Bureau of Immigration to
prevent any attempt by a person suspected of
a crime to depart from the Philippines, which
shall be issued ex parte in cases involving
crimes where the minimum of the penalty
prescribed by law is at least 6 years and 1 day
or when the offender is a foreigner regardless
UP LAW BOC LAST MINUTE TIPS
of the imposable penalty. [Sec. 1, A.M. No. 18-
07-05-SC]
Q: What is the dissent of Justice Leonen
regarding A.M. No. 18-07-05-SC?
A: Justice Leonen opines that the Rule is too
broad, as citizens will be surprised to discover
that they have been subject to ex parte
proceedings when they want to travel. This
implicitly presumes guilt and denies due
process to a person who has not yet been
subject to arrest, preliminary investigation, or
arraignment. The right to travel can only be
impaired in 2 instances:
1. when Congress passes a statute
specifically restricting the right in the
interest of national security, public safety,
or public health; and
2. upon an order of a court in a pending
criminal case.
None of these instances is applicable to justify
the enactment of the Rule. Further, there is no
law allowing the issuance of a hold departure
order in a pending preliminary investigation.
The Rule amounts to judicial legislation.
L. Designation of Offense
Q: What are the guidelines in designating or
charging the proper offense in case
lascivious conduct is committed against a
child, and in determining the imposable
penalty?
A:
1. The age of the victim is taken into
consideration in designating or charging
the offense, and in determining the
imposable penalty.
2. If the victim is under twelve (12) years of
age, the nomenclature of the crime should
be "Acts of Lasciviousness under Article
336 of the Revised Penal Code in relation
to Section 5(b) of R.A. No. 7610." Pursuant
to the second proviso in Section 5(b) of
R.A. No. 7610, the imposable penalty is
reclusion temporal in its medium period.
3. If the victim is exactly twelve (12) years of
age, or more than twelve (12) but below
eighteen (18) years of age, or is eighteen
(18) years old or older but is unable to fully
take care of herself/himself or protect
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herself/himself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental disability
or condition, the crime should be
designated as "Lascivious Conduct under
Section 5(b) of R.A. No. 7610," and the
imposable penalty is reclusion temporal in
its medium period to reclusion perpetua.
It is only when the victim of the lascivious
conduct is 18 years old and above that
such crime would be designated as "Acts
of Lasciviousness under Article 336 of the
RPC" with the imposable penalty of prision
correccional. [People v. Tulagan, G.R. No.
227363 (2019)]
Q: What are the guidelines in designating or
charging the proper offense in case rape is
committed against a child, and in
determining the imposable penalty?
A: Sexual intercourse with a victim who is
under 12 years old or is demented is statutory
rape. Under Section 5(b) of R.A. No. 7610, the
proper penalty when sexual intercourse is
committed with a victim who is under 12 years
of age or is demented is reclusion perpetua,
pursuant to paragraph 1(d), Article 266-A in
relation to Article 266-B of the RPC, as
amended by R.A. No. 8353, which in turn
amended Article 335 of the RPC. [People v.
Tulagan, G.R. No. 227363 (2019)]
EVIDENCE
Q: Differences between Burden of Proof and
Burden of Evidence
A:
Burden of
Burden of Proof
Evidence
As to definition
Duty of a party to Duty of a party to
present evidence on present evidence
the facts in issue sufficient to establish
necessary to or rebut a fact in
establish his or her issue to establish a
claim or defense prima facie case
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5. When the original is not closely-related to

Burden of
Burden of Proof the controlling issue [Rule 130, Sec. 3, as
Evidence
amended]
As to definition
Q: What is considered an “original”?
Never shifts May shift from one A: An “original” of a document is the document
party to the other itself or any counterpart intended to have the
same effect by a person executing or issuing it.
As to determination [Sec. 4(a), Rule 130, as amended]

Determined by the Determined by the An “original” of a photograph includes the

pleadings filed by the developments at trial negative or any print therefrom.
party or laws and rule
which may relieve If data is stored in a computer or similar device,
the party from any printout or other output readable by sight
presenting evidence or other means, shown to reflect the data
(e.g., presumptions, accurately, is an “original.” [Sec. 4(a), Rule
judicial notice, and 130, as amended]
admissions)
Q: When is the Original Document Rule not
applicable?
Q: What is the Original Document Rule?
A: Where the issue is only as to whether such
A: When the subject of inquiry is the contents
document was actually executed, or exists, or
of a document, writing, recording, photograph
on the circumstances relevant to or
or other record, no evidence is admissible other
surrounding its execution, the best evidence
than the original document itself. [Rule 130,
rule (now original document rule) does not
Sec. 3, as amended].
apply and testimonial evidence is admissible.
Any other substitutionary evidence is likewise
Q: What are the exceptions to the Original
admissible without need for accounting for the
Document Rule?
original. [Republic v. Gimenez, G.R. No.
A: The exceptions to such rule are the
174673 (2016)]
following:
1. When the original has been lost or
Q: When is Secondary Evidence allowed?
destroyed, or cannot be produced in court,
A: When the original document has been lost
without bad faith on the part of the offeror;
or destroyed, or cannot be produced in court,
2. When the original is in the custody or under
the offeror, upon proof of its execution or
the control of the party against whom the
existence and the cause of its unavailability
evidence is offered, and the latter fails to
without bad faith on his or her part, may prove
produce it after reasonable notice, or the
its contents:
original cannot be produced by local
1. by a copy, or
judicial processes or procedures; [Rule
2. by recital of its contents in some authentic
130, Sec. 3, as amended]
document, or
3. When the original consists of numerous
3. by the testimony of witnesses in the order
accounts or other documents which cannot
stated.
be examined in court without great loss of
time and the fact sought to be established
The order stated must be followed.
from them is only the general result of the
whole;
Q: What is a “duplicate”?
4. When the original is a public record in the
A: A "duplicate" is a counterpart produced by
custody of a public officer or is recorded in
the same impression as the original, or from the
a public office [Rule 130, Sec. 3, as
same matrix, or by means of photography,
amended]; and
including enlargements and miniatures, or by
mechanical or electronic re-recording, or by

Page 30 of 54
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chemical reproduction, or by other equivalent complete and enforceable agreement

techniques which accurately reproduce the embodied in a document.
original. [Sec. 4(b), Rule 130, as amended]
Q: When may Parol Evidence be allowed?
Q: When is duplicate admissible in A: A party may present evidence to modify,
evidence? explain, or add to the terms of the written
A: A duplicate is admissible to the same extent agreement if he or she puts in issue in his
as an original unless: verified pleading: (VISA)
1. a genuine question is raised as to the 1. Validity of a written agreement;
authenticity of the original, or 2. The failure of the written agreement to
2. in the circumstances, it is unjust or express the true Intent of the parties
inequitable to admit the duplicate in lieu of thereto;
the original. 3. Subsequent agreements or the existence
of other term; and
Q: When are summaries admissible in 4. Ambiguity (intrinsic), imperfection, or
evidence? mistake in the written agreement [Sec. 10,
A: When the contents of documents, records, Rule 130]
photographs, or numerous accounts are
voluminous and cannot be examined in court Q: When is the Parol Evidence Rule not
without great loss of time, and the fact sought applicable?
to be established is only the general result of A: It does not apply when third parties are
the whole, the contents of such evidence may involved or those not privy to the written
be presented in the form of a chart, summary, instrument in question and does not base a
or calculation. [Sec. 7, Rule 130, as amended] claim or assent to a right originating in the
instrument [Lechugas v. CA, G.R. No. L39972
Note: The originals shall be available for & L-40300 (1986)]
examination or copying, or both, by the adverse
party at a reasonable time and place. The court Q: Differences between Original Document
may order that they be produced in court. Rule and Parol Evidence Rule
A:
Q: What is the Parol Evidence Rule?
Original Document Parol Evidence
A: It provides that when the terms of an
Rule Rule
agreement have been reduced to writing, it is
considered as containing all the terms agreed As to applicability
upon and there can be, as between the parties
and their successors-in-interest, no evidence Applies only to Applies only to
of such terms other than the contents of the written agreements written agreements,
written agreement. [Sec. 10, Rule 130, as with the exception of
amended] wills

It forbids any addition to or contradiction of the As to availability of original document

terms of a written agreement by testimony or
other evidence purporting to show that different Contemplates a Presupposes that
terms were agreed upon by the parties, varying situation where the the original is
the purport of the written contract. Whatever is original is not available in court
not found in the writing is understood to have available in court
been waived and abandoned. [Edrada v. and/or there is a
Ramos, G.R. No. 154413 (2009)] dispute as to whether
said writing is the
Q: What is Parol Evidence? original
A: Parol evidence refers to any evidence
aliunde, whether oral or written, which is As to purposes
intended or tends to vary or contradict a

Page 31 of 54
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implied charge against the declarant of

Original Document Parol Evidence
recent fabrication or improper influence or
Rule Rule
motive; or
Prohibits the Prohibits 3. one of identification of a person made after
introduction of modification of the perceiving him or her. [Sec. 37, par. 2, Rule
substitutionary terms of the written 130, as amended]
evidence in lieu of contract
the original Q: What is the Principle of Independently
document regardless Relevant Statements?
of W/N it varies the A: The doctrine on independently relevant
contents of the statements holds that conversations
original communicated to a witness by a third person
may be admitted as proof that, regardless of
As to persons who may invoke the rule their truth or falsity, they were actually made.
Evidence as to the making of such statements
Can be invoked by Can be invoked only is not secondary but primary, for in itself it (a)
any party to an action when the constitutes a fact in issue or (b) is
regardless of controversy is circumstantially relevant to the existence of
whether such party between the parties such fact. [Republic v. Heirs of Alejega, G.R.
participated or not in to the written No. 146030 (2002)]
the writing involved agreement, their
privies, or any party Q: What are the exceptions to the hearsay
directly affected rule and their requisites?
thereby. A: The following are the exceptions to the
hearsay rule:
1. Dying declaration
Q: What is the Hearsay Rule?
a. That death is imminent and the
A: Hearsay evidence is inadmissible, except as declarant is conscious of that fact;
otherwise provided in these Rules. [Sec. 37,
b. That the declaration refers to the cause
par. 1, Rule 130, as amended]
and the surrounding circumstances of
such death;
Q: What is hearsay?
c. That the declaration relates to facts
A: Hearsay is a statement other than one made
which the victim is competent to testify
by the declarant while testifying at a trial or
to;
hearing, offered to prove the truth of the facts
d. That the declaration is offered in a case
asserted therein.
wherein the declarant’s death is the
subject of the inquiry [People v.
A statement is
Serenas, G.R. No. 188124, 29 June
1. an oral or written assertion or
2010; People v. Umapas, G.R. No.
2. a non-verbal conduct of a person, if it is
215742, 22 March 2010].
intended by him or her as an assertion. 2. Statement of decedent or person of
unsound mind
Q: What is NOT hearsay? a. An action upon a claim or demand
A: A statement is not hearsay if the declarant
against the estate of the deceased
testifies at the trial or hearing and is subject to person or against the person of
cross-examination concerning the statement,
unsound mind;
and the statement is:
b. The action is against an executor or
1. inconsistent with the declarant’s testimony,
administrator or other representative of
and was given under oath subject to the
a deceased person, or against a
penalty of perjury at a trial, hearing, or other
person of unsound mind;
proceeding, or in a deposition;
c. A party or assignor of a party or a
2. consistent with the declarant’s testimony
person in whose behalf a case is
and is offered to rebut an express or
prosecuted testifies on a matter of fact

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occurring before the death of the
deceased person or before the person
became of unsound mind;
d. the statement was made upon the
personal knowledge of the deceased or
the person of unsound mind;
e. at a time when the matter had been
recently perceived by him or her and
while his or her recollection was clear;
and
f. such statement should not be made
under circumstances indicating its lack
of trustworthiness [Rule 130, Sec. 39,
as amended]
3. Declaration against interest
a. The declaration is made by:
i. a person deceased; or
ii. a person who is unable to testify
[i.e., in foreign country or with
physical/mental impairments];
b. The declaration is against the interest
of the declarant;
c. The fact asserted in the declaration
was at the time it was made so far
contrary to declarant's own interest,
that a reasonable man in his position
would not have made the declaration,
unless he believed it to be true [Rule
130, Sec. 40; Fuentes v. Court of
Appeals, G.R. No. 111692, 9 February
1996].
4. Act or declaration about pedigree
a. The actor or declarant is dead or
unable to testify;
b. The act or declaration is made by the
person related to the subject by birth,
adoption, or marriage or, in the
absence thereof, with whose family he
or she was so intimately associated as
to be likely to have accurate
information concerning his or her
pedigree;
c. The relationship between the declarant
or the actor and the subject is shown by
evidence other than such act or
declaration;
d. The act or declaration was made prior
to the controversy. [Rule 130, Sec. 41,
as amended]
5. Family reputation or tradition regarding
pedigree
a. Witness testifying as to reputation or
tradition must be a member, by
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consanguinity, affinity, or adoption, of
the same family as the subject;
b. Such tradition or reputation must have
existed in that family ante litem motam.
[Rule 130, Sec. 42, as amended; see
also People v. Soriano, G.R. No.
154278, 27 December 2002].
6. Common reputation
a. The subject of inquiry must be facts as
to boundaries of or customs affecting
lands in the community, and reputation
as to events of general history
important to the community, or
respecting marriage or moral
character;
b. The evidence must refer to facts ante
litem motam;
c. The facts may be established by:
i. Testimonial evidence of competent
witness;
ii. Monuments and inscription in
public places;
iii. Documents containing statements
of reputation.
7. Part of the Res Gestae
a. For spontaneous statements:
i. the principal act, the res gestae, is
a startling occurrence;
ii. the statements were made before
the declarant had time to contrive
or devise;
iii. the statements were under the
stress of excitement caused by the
occurrence; and
iv. the statements concerned the
occurrence in question and its
immediately attending
circumstances (prior or
subsequent) [Rule 130, Sec. 44;
People v. Calinawan, G.R. No.
226145, 13 February 2017]
b. For verbal acts:
i. The principal act to be
characterized must be equivocal;
ii. The equivocal act must be relevant
to the issue;
iii. The verbal act must be
contemporaneous with the
equivocal act;
iv. The verbal act must give legal
significance to the equivocal act
[Talidano v. Falcom Maritime &
UP LAW BOC LAST MINUTE TIPS
Allied Service, Inc. G.R. No.
172031, 14 July 2008].
8. Records of regularly conducted
business activity
a. Testimony of a custodian or other
qualified witness;
b. On a memorandum, report, record or
data compilation of acts, events,
conditions, opinions, or diagnoses,
made by writing, typing, electronic,
optical or other similar means;
c. The memorandum, report, record, or
data compilation was made at or near
the time of or from transmission or
supply of information;
d. Such are kept in the regular course or
conduct of a business activity;
e. It was a regular practice to make the
memorandum, report, record, or data
compilation; and
f. The person testifying has personal
knowledge thereof [Rule 130, Sec. 45,
as amended]
9. Entries in official records
a. Entries were made by:
i. a public officer in the performance
of his or her duties; or
ii. by a person in the performance of
a duty specially enjoined by law;
b. The entrant had personal knowledge of
the facts stated by him or such facts
were acquired by him or her from
reports made by persons under a legal
duty to submit the same; and
c. Such entries were duly entered in a
regular manner in the official records
[Alvarez v. PICOP Resources, G.R.
No. 162243, 3 December 2009].
10. Learned treatises
a. The court takes judicial notice of
published treatise, periodical or
pamphlet on a subject of history, law,
science or art; or
b. 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 an expert in the subject [Rule 130,
Sec. 47].
11. Testimony or deposition at a former trial
a. Witness is dead or out of the
Philippines or cannot, with due
diligence, be found therein, or is
Page 34 of 54
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unavailable or otherwise unable to
testify;
b. His testimony or deposition was given
in a former case or proceeding, judicial
or administrative, between the same
parties or those representing the same
interests;
c. The former case involved the same
subject as that in the present case,
although on different causes of action;
d. The issue testified to by the witness in
the former trial is the same issue
involved in the present case; and
e. The adverse party had an opportunity
to cross-examine the witness in the
former case. [Rule 130, Sec. 48, as
amended]
12. Residual Exception
a. the statement is offered as evidence of
a material fact;
b. the statement is more probative on the
point for which it is offered than any
other evidence which the proponent
can procure through reasonable
efforts; and
c. the general purposes of these rules
and the interests of justice will be best
served by admission of the statement
into evidence.
Q: What is the Residual Exception to the
Hearsay Rule?
A: A statement not specifically covered by any
of the foregoing exceptions, having equivalent
circumstantial guarantees of trustworthiness, is
admissible if the court determines that:
1. the statement is offered as evidence of a
material fact;
2. the statement is more probative on the
point for which it is offered than any other
evidence which the proponent can procure
through reasonable efforts; and
3. the general purposes of these rules and the
interests of justice will be best served by
admission of the statement into evidence.
However, a statement may not be admitted
under this exception unless the proponent
makes known to the adverse party sufficiently
in advance of the hearing, or by the pre-trial
stage in the case of a trial of the main case, to
provide the adverse party with a fair opportunity
to prepare to meet it, the proponent’s intention
UP LAW BOC LAST MINUTE TIPS REMEDIAL LAW

to offer the statement and the particulars of it, to be licensed to engage in the practice of
including the name and address of the law;
declarant. [Rule 130, Sec. 49] 2. Privilege is invoked with respect to a
confidential communication between them
Q: Difference between Marital in the course of, or with the view of
Disqualification (Spousal Immunity) Rule professional employment; and
and Marital Privilege Rule 3. Client has not given his consent to the
A: disclosure of the communication [Rule 130,
Sec. 24(b); Disini v. Sandiganbayan, G.R.
Marital
Marital Privilege No. 180564, 22 June 2010]
Disqualification

As to who can invoke Q: What are the exceptions to the Attorney-

Client Privilege Rule?
Can be invoked only Can be claimed A: These are the exceptions:
if one of the spouses whether or not the 1. Furtherance of crime or fraud.
is a party to the spouse is a party to a. If the services or advice of the lawyer
action. the action. were sought or obtained to enable or
aid anyone to commit or plan to commit
As to applicability what the client knew or reasonably
should have known to be a crime or
Applies only if Can be claimed even fraud;
marriage is existing after the marriage 2. Claimants through the same deceased
at the time the had been dissolved. client.
testimony is offered. a. As to a communication relevant to an
issue between parties who claim
As to prohibition through the same deceased client,
regardless of whether the claims are by
Constitutes a total Applies only to testate or intestate or by inter vivos
prohibition against confidential transaction;
any testimony communications 3. Breach of duty by lawyer or client.
against the spouse of between the a. As to a communication relevant to an
the witness. spouses. issue of breach of duty by the lawyer to
his or her client or by the client to his or
Q: What is the Attorney-Client Privilege her lawyer;
Rule and its requisites? 4. Document attested by the lawyer.
A: An attorney or person reasonably believed a. As to a communication relevant to an
by the client to be licensed to engage in the issue concerning an attested document
practice of law cannot, without the consent of to which the lawyer is an attesting
the client, be examined as to any witness; or
communication made by the client to him or 5. Joint clients.
her, or his or her advice given thereon in the a. As to a communication relevant to a
course of, or with a view to, professional matter of common interest between
employment, nor can an attorney’s secretary, two or more clients if the
stenographer, or clerk, or other persons communication was made by any of
assisting the attorney be examined, without the them to a lawyer retained or consulted
consent of the client and his or her employer, in common, when offered in an action
concerning any fact the knowledge of which between any of the clients, unless they
has been acquired in such capacity. [Rule 130, have expressly agreed otherwise.
Sec. 24] [Rule 130, Sec. 24(b)]

The following are the requisites of such rule: Q: Who are the persons covered by the
1. Relationship of lawyer and client or when a Attorney-Client Privilege Rule?
person is reasonably believed by the client A: These are the covered persons of the rule:

Page 35 of 54
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1. The attorney;
2. Person reasonably believed by the client to
be licensed to engage in the practice of
law;
3. The attorney's secretary, stenographer, or
clerk, or other persons assisting the
attorney, without the consent of the client
and his employer, concerning any fact the
knowledge of which has been acquired in
such capacity [Rule 130, Sec. 24(b)].
Q: What is the Physician-Patient Privilege
and its requisites?
A: A physician, psychotherapist or person
reasonably believed by the patient to be
authorized to practice medicine or
psychotherapy cannot in a civil case, without
the consent of the patient, be examined as to
any confidential communication made for the
purpose of diagnosis or treatment of the
patient’s physical, mental or emotional
condition, including alcohol or drug addiction,
between the patient and his or her physician or
psychotherapist. This privilege also applies to
persons, including members of the patient’s
family, who have participated in the diagnosis
or treatment of the patient under the direction
of the physician or psychotherapist. [Rule 130,
Sec. 24(c)]
Its requisites are the following:
1. The physician, psychotherapist is
authorized to practice medicine or
reasonably believed by the patient to be
authorized to practice medicine or
psychotherapy;
2. The information was acquired or the advice
or treatment was given by him in his
professional capacity for the purpose of
treating and curing the patient;
3. The information, advice or treatment, if
revealed, would blacken the reputation of
the patient;
4. The privilege is invoked in a civil case
whether the patient is a party thereto or not
[Rule 130, Sec. 24 [c], as amended].
Note: This privilege only applies to civil cases.
Q: What is a psychotherapist?
A: A “psychotherapist” is:
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1. A person licensed to practice medicine
engaged in the diagnosis or treatment of a
mental or emotional condition, or
2. A person licensed as a psychologist by the
government while similarly engaged. [Rule
130, Sec. 24(c)]
Q: What is the effect of the presence of third
parties?
A: Under the Amended Rules, the privilege
also applies to persons, including members of
the patient's family, who have participated in
the diagnosis or treatment of the patient under
the direction of the physician or
psychotherapist. [Rule 130, Sec. 24(c)]
Q: What is the Minister/Priest-Penitent
Privilege Rule?
A: A minister, priest or person reasonably
believed to be so cannot, without the consent
of the affected person, be examined as to any
communication or confession made to or any
advice given by him or her, in his or her
professional character, in the course of
discipline enjoined by the church to which the
minister or priest belongs. [Rule 130, Sec.
24(d), as amended]
Q: What is the State Secrets Rule?
A: A public officer cannot be examined during
or after his or her tenure as to communications
made to him or her in official confidence, when
the court finds that the public interest would
suffer by the disclosure.
The communication shall remain privileged,
even in the hands of a third person who may
have obtained the information, provided that
the original parties to the communication took
reasonable precaution to protect its
confidentiality. [Rule 130, Section 24, last par.]
Q: What is the Parental and Filial Privilege
Rule?
A: No person shall be compelled to testify
against his or her parents, other direct
ascendants, children or other direct
descendants, except when such testimony is
indispensable in a crime against that person or
by one parent against the other. [Rule 130,
Sec. 25, as amended].
UP LAW BOC LAST MINUTE TIPS
No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the
descendant or by one parent against the other
[Family Code, Article 215]
Q: What is the rule on the privilege relating
to trade secrets?
A: A person cannot be compelled to testify
about any trade secret, unless the non-
disclosure will conceal fraud or otherwise work
injustice. When disclosure is directed, the court
shall take such protective measure as the
interest of the owner of the trade secret and of
the parties and the furtherance of justice may
require. [Rule 130, Sec. 26]
Q: What is the Res inter alios acta Rule?
A: “Res inter alios acta alteri nocere non debet”
— Things done between strangers ought not to
injure those who are not parties to them
[Black’s Law Dictionary]
This principle provides that the rights of a party
cannot be prejudiced by an act, declaration, or
omission of another. Consequently, an
extrajudicial confession is binding only upon
the confessant, is not admissible against his or
her co-accused, and is considered hearsay
against them. [Tamargo v. Awingan, G.R. No.
177727 (2010)]
This rule has two branches:
1. First branch: Admission by a third party
[Sec. 29, Rule 130]
2. Second branch: Similar acts as evidence
[Sec. 35, Rule 130]
Q: What is the rule on Admissions by a
Third Party?
A: The general rule is that the rights of a party
cannot be prejudiced by an act, declaration, or
omission of another. [Sec. 29, Rule 130]
Admission by a third party is inadmissible as
against another. The act, declaration or
omission of another is generally irrelevant, and
that in justice, a person should not be bound by
the acts of mere unauthorized strangers.
The exceptions to this rule and their requisites
are the following:
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1. Partner’s or Agent’s Admission [Sec. 30,
Rule 130]
a. Evidence aliunde of the partnership or
agency apart from the act or
declaration;
b. Authority from the party to make a
statement on the subject or the act or
declaration was within the scope of the
authority; and
c. Existence of the partnership or agency
at the time of the act or declaration
2. Admission by conspirator [Sec. 31, Rule
130]
a. Evidence aliunde of the conspiracy
apart from the act or declaration of a
conspirator;
b. The admission relates to a common
object
c. The admission was made while the
declarant was engaged in carrying out
the conspiracy [People v. Tena, G.R.
No. 100909 (1992)]
3. Admission by privies [Sec. 32, Rule 130]
a. There must be an act, declaration, or
omission by a predecessor-in-interest
b. The act, declaration, or omission of the
predecessor-in-interest must have
occurred while he was holding the title
to the property;
c. The admission relates to the property.
4. Interlocking confession [People v. Muit,
G.R. No. 181043 (2008)]
5. Admission by silence [Sec. 33, Rule 130]
a. He must have heard or observed the
act or declaration of the other person;
b. He must have had the opportunity to
deny it;
c. He must have understood the act or
declaration;
d. The facts are within his knowledge;
e. He must have an interest to object, as
he would naturally have done if the act
or declaration was not true; and
f. The fact admitted or the inference to be
drawn from his silence is material to the
issue [People v. Coral y Pabrua, G.R.
No. 86220 (1990)]
Q: What is the rule on similar acts as
evidence?
A: Evidence that one did or did not do a certain
thing at one time is not admissible to prove that
UP LAW BOC LAST MINUTE TIPS
he or she did or did not do the same or similar
thing at another time. [Sec. 35, Rule 130]
Evidence is nor admissible when it shows, or
tends to show, that the accused in a criminal
case has committed a crime independent from
the offense for which he is on trial. A man may
be a notorious criminal, and may have
committed many crimes, and still be innocent
of the crime charged on trial. [People v. Pineda,
G.R. No. 141644 (2004)]
Q: What are the exceptions to the rule on
similar acts as evidence?
A: Such evidence may be received to prove the
following:
1. Specific intent
2. Knowledge
3. Identity
4. Plan
5. System
6. Scheme
7. Custom
8. Habit
9. usage
10. The like [Sec. 35, Rule 130]
Q: What is the rule on presumptions in civil
cases?
A: In all civil actions and proceedings not
otherwise provided for by the law or these
Rules, a presumption imposes on the party
against whom it is directed the burden of going
forward with evidence to rebut or meet the
presumption.
If presumptions are inconsistent, the
presumption that is founded upon weightier
considerations of policy shall apply.
If considerations of policy are of equal weight,
neither presumption applies. [Sec. 5, Rule 131]
Q: What is the rule on presumptions in
criminal cases?
A: If a presumed fact that establishes guilt is an
element of the offense charged, or negates a
defense, the existence of the basic fact must
be proved beyond reasonable doubt and the
presumed fact follows from the basic fact
beyond reasonable doubt. [Sec. 6, Rule 131]
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Q: When is judicial notice mandatory?
A: A court shall take judicial notice, without the
introduction of evidence, of the existence and
territorial extent of states, their political history,
forms of government and symbols of
nationality, the law of nations, the admiralty and
maritime courts of the world and their seals, the
political constitution and history of the
Philippines, official acts of the legislative,
executive and judicial departments of the
National Government of the Philippines, the
laws of nature, the measure of time, and the
geographical divisions.
Note: While courts are required to take judicial
notice of the laws enacted by Congress, the
rule with respect to local ordinances is different.
Ordinances are not included in the
enumeration of matters covered by mandatory
judicial notice under Section 1, Rule 129 of the
Rules of Court. [Social Justice Society v. Hon.
Atienza, Jr., G.R. No. 156052, February 13,
2008]
Q: When may extrajudicial confession of
guilt be considered a ground for
conviction?
A: As a general rule, an extrajudicial
confession made by an accused, shall not be a
sufficient ground for conviction.
Exception: When corroborated by evidence of
corpus delicti [Sec. 3, Rule 133]
Corpus delicti refers to the substance of the
crime; the fact that a crime has actually been
committed. [People v. De Leon, G.R. No.
180762 (2009)]
Q: What is the rule on DNA evidence vis-a-
vis a person’s right against self-
incrimination?
A: Obtaining DNA samples from an accused in
a criminal case or from the respondent in a
paternity case, contrary to the belief of
respondent in this action, will not violate the
right against self-incrimination. [Herrera v.
Alba, G.R. No. 148220 (2005)]
UP LAW BOC LAST MINUTE TIPS
SPECIAL PROCEEDINGS
Q: What is the remedy to the convict or
prosecution if the results of a post-
conviction DNA testing are favorable to the
convict?
A: Under the Rules on DNA testing, the convict
or the prosecution may file a petition for a writ
of habeas corpus in the court of origin. In case
the court, after due hearing, finds the petition to
be meritorious, it shall reverse or modify the
judgment of conviction and order the release of
the convict, unless continued detention is
justified for a lawful cause.
A similar petition may be filed either in the
Court of Appeals or the Supreme Court, or with
any member of said courts, which may conduct
a hearing thereon or remand the petition to the
court of origin and issue the appropriate orders.
[Sec. 10, A.M. No. 06-11-5-SC]
Q: When is a Writ of Habeas Corpus In
Relation to Custody of Minors granted?
A: The grant of the writ depends on the
concurrence of the following requisites:
1. that the petitioner has the right of custody
over the minor;
2. that the rightful custody over the minor is
being withheld from the petitioner by the
respondents; and
3. that it is to the best interest of the minor
concerned to be in the custody of petitioner
and not that of the respondents. [Masbata
v. Relucio, G.R. No. 235498 (2018)]
Q: What are the interim reliefs available to
the petitioner in a petition for a writ of
amparo?
A:
1. Temporary Protection Order
● Issued upon motion or motu proprio
● That the petitioner or the aggrieved
party and any member of the
immediate family be protected in a
government agency or by an
accredited person or private institution
capable of keeping and securing their
safety. If the petitioner is an
organization, association or institution
Page 39 of 54
REMEDIAL LAW
referred to in Section 3(c) of this Rule,
the protection may be extended to the
officers concerned [Sec. 14(a)]
● Different from the inspection and
production order in that the temporary
protection order and the witness
protection order do not need a
verification and may be issued motu
proprio or ex parte
2. Inspection Order
● Issued only upon verified motion and
after due hearing
● Directed to any person in possession or
control of a designated land or other
property, to permit entry for the
purpose of inspecting, measuring,
surveying, or photographing the
property or any relevant object or
operation thereon.
● The order shall expire five (5) days
after the day of its issuance, unless
extended for justifiable reasons [Sec.
14(b)]
● Requires hearing, may be availed of
both the petitioner and the respondent
● If the court, justice or judge gravely
abuses his or her discretion in issuing
the inspection order, the aggrieved
party is not precluded from filing a
petition for certiorari with the SC
3. Production Order
● Issued only upon verified motion and
after due hearing
● Directed to any person in possession,
custody or control of any designated
documents, papers, books, accounts,
letters, photographs, objects or
tangible things, or objects in digitized or
electronic form which constitute or
contain evidence relevant to the
petition or the return, to produce and
permit their inspection, copying or
photographing by or on behalf of the
movant.
● In case of opposition, the court, justice
or judge may conduct a hearing in
chambers to determine the merit of the
opposition [Sec. 14(c)] Opposition may
be had on the following grounds:
a. National security
b. Privileged nature of the information
4. Witness protection order
● Issued upon motion or motu proprio
UP LAW BOC LAST MINUTE TIPS REMEDIAL LAW

● Order may refer the witnesses to

a. The Department of Justice for
admission to the Witness
Protection, Security and Benefit
Program.
b. Other government agencies, or to
accredited persons or private
institutions capable of keeping and
securing their safety [Sec. 14(d)]
Q: What are the interim reliefs available to
the respondent in a writ of amparo?
A:
1. Inspection Order
2. Production Order [Sec. 15]

Q: Distinguish writ of habeas corpus, writ of amparo, and writ of habeas data.
A:
Habeas corpus Amparo Habeas data
Involves the right to
1. All cases of illegal privacy in life, liberty
confinement and Involves right to life, or security violated or
detention by which liberty and security threatened by an
any person is violated or threatened unlawful act or
deprived of his with violation by an omission of a public
liberty unlawful act or omission official or employee, or
2. Deprivation of of a public official or of a private individual or
Nature, scope,
rightful custody of employee or a private entity engaged in the
function
any person including individual or entity gathering, collecting or
minors from the storing of data or
person entitled [Sec. Covers extralegal information regarding
1] killings and enforced the person, family,
disappearances or home and
Actual violation before threats thereof [Sec. 1] correspondence of the
writ issues. aggrieved party [Sec.
1]
May not be suspended
except in cases of Shall not diminish, Shall not diminish,
invasion or rebellion increase or modify increase or modify
Limitations
when public safety substantive rights [Sec. substantive rights [Sec.
requires it [Sec. 15, Art. 23] 23]
III, 1987 Const.]
Petition filed by the Any aggrieved party
aggrieved party or by any may file a petition.
qualified person or entity
in the following order: However, in cases of
1. Any member of the extralegal killings and
immediate family enforced
By a petition signed and
2. Any ascendant, disappearances, the
verified by the party for
descendant or petition may be filed by
whose relief it is
Who may file collateral relative of (also successive):
intended, or by some
the aggrieved within 1. Any member of the
person on his behalf
the 4th civil degree of immediate family of
[Sec. 3]
affinity or the aggrieved
consanguinity 2. Any ascendant,
3. Any concerned descendant or
citizen, organization, collateral relative of
association or the aggrieved party
institution within the fourth

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Habeas corpus Amparo Habeas data

Filing by the aggrieved civil degree of
suspends the right of all consanguinity or
others [Sec. 2] affinity [Sec. 2]
1. At the option of
1. SC or any member
petitioner, RTC
thereof, on any day
where:
and at any time
a. Petitioner
2. CA or any member
resides or
thereof in instances
b. Respondent
authorized by law 1. SB, CA, SC, or any
resides or
3. RTC or a judge justice of such courts
c. That which has
thereof, on any day 2. RTC of place where
jurisdiction over
and at any time, the threat, act or
Where filed the place
enforceable only omission was
where the data
within his judicial committed or any of
or information
district [Sec. 2] its elements occurred
is gathered,
4. MTC or first level [Sec. 3]
collected or
courts in the
stored
absence of RTC
2. SC, CA, or SB – If
judges in a judicial
public data files of
region [Sec. 35, B.P.
government offices
129]
[Sec. 3]
If SC/CA issued,
anywhere in
Philippines.

If granted by the RTC or

judge thereof, it is
Where Anywhere in Philippines
enforceable in any part
enforceable [Sec. 4]
of the judicial region
[Sec. 21, B.P. 129 which
modified the term judicial
district in Sec. 2, Rule
102 into judicial region]
where the judge sits
If issued by:
1. SC or any of its
justices, returnable
If issued by: before such court or
1. SC/CA, or a member any justice thereof, or
thereof, returnable before the CA/SB or
before such court or any of their justices, or
Where any member thereof to any RTC of the
returnable or an RTC place where the
2. RTC, or a judge threat, act or omission
thereof, returnable was committed or any
before himself [Sec. of its elements
2] occurred
2. CA/SB or any of their
justices, returnable
before such court or
Anywhere in
Philippines [Sec. 3]
If issued by:
1. SC or any of its
justices, before
such Court or any
justice thereof, or
CA/SB or any of its
justices, or the RTC
of the place where
the petitioner or
respondent
resides/has
jurisdiction over the
place where the
data or information
is gathered, stored
or collected

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Habeas corpus Amparo Habeas data

any justice thereof, or 2. CA/SB or any of its
to any RTC of the justices, before
place where the such court or any
threat, act, or justice thereof, or
omission was RTC (same with
committed or any of scenario SC issued
its elements occurred and then returned
3. RTC or any judge in RTC)
thereof, returnable 3. RTC, returnable
before such court or before such court
judge [Sec. 3] or judge [Sec. 4]
None for indigent
petitioner
Petitioner shall be
exempted from the
Upon the final Petition shall be
payment of the docket
disposition of such docketed and acted
and other lawful fees
proceedings the court or upon immediately,
Docket fees
judge shall make such without prejudice to
Court, justice or judge
order as to costs as the subsequent
shall docket the petition
case requires [Sec. 19] submission of proof of
and act upon it
indigency not later than
immediately [Sec 4]
15 days from filing
[Sec. 5]
Verified and written
petition shall contain
Signed and verified and
1. Personal
shall allege
Signed and verified circumstances of
1. The personal
either by the party for petitioner and
circumstances of the
whose relief it is respondent
petitioner
intended or by some 2. Manner the right to
2. Name or appellation
person on his behalf, privacy is violated
and circumstances of
setting forth or threatened and
the respondent
1. The person in whose its effects
3. The right to life,
behalf the 3. Actions and
liberty, and security
application is made recourses taken by
Essential violated or threatened
is imprisoned or the petitioner to
allegations/ with violation
restrained of his secure the data or
Contents of 4. The investigation
liberty information
petition conducted, if any, plus
2. Name of the person 4. The location of the
circumstances of
detaining another or files, registers, or
each
assumed appellation databases, the
5. The actions and
3. Place where he is government office,
recourses taken by
imprisoned or and the person in
the petitioner
restrained of his charge or control
6. Relief prayed for
liberty 5. The reliefs prayed
4. Cause of detention for
May include a general
[Sec. 3] 6. Such other relevant
prayer for other just and
reliefs as are just
equitable reliefs [Sec. 5]
and equitable [Sec.
6]

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Habeas corpus Amparo Habeas data

Court or judge must,
Upon filing of the
when a petition is
petition, the court,
presented and it appears
justice, or judge shall
that it ought to issue,
Upon the filing of the immediately order the
grant the same and then:
petition, the court, justice, issuance of the writ if
1. the clerk of court
or judge shall immediately on its face it ought to
(CoC) shall issue the
order the issuance of the issue:
writ under the seal of
writ if on its face it ought to 1. CoC shall issue the
the court or
issue: writ under the seal
2. in case of
1. CoC shall issue the of the court and
emergency, the
writ under the seal of cause it to be
judge may issue the
When proper the court or served within 3
writ under his own
2. In case of urgent days from issuance
hand, and may
necessity, the justice or
deputize any officer
or the judge may 2. In case of urgent
or person to serve it
issue the writ under necessity, the
his or her own hand, justice or judge
Also proper to be issued
and may deputize any may issue the writ
when the court or judge
officer or person to under his or her
has examined into the
serve it [Sec. 6] own hand, and may
cause of restraint of the
deputize any officer
prisoner, and is satisfied
or person to serve it
that he is unlawfully
[Sec. 7]
imprisoned [Sec. 5]
Writ may be served in
any province by the (a)
sheriff, (b) other proper
The writ shall be served
officer, or (c) person The writ shall be served
upon the respondent by
deputed by the court or upon the respondent by a
a judicial officer or by a
judge. judicial officer or by a
person deputized by
person deputized by the
the court, justice or
Service is made by court, justice or judge who
judge who shall retain a
leaving the original with shall retain a copy on
copy on which to make
the person to whom it is which to make a return of
Service a return of service.
directed and preserving service.
a copy on which to make
In case the writ cannot
return of service. In case the writ cannot be
be served personally
If that person cannot be served personally on the
on the respondent, the
found, or has not the respondent, the rules on
rules on substituted
prisoner in his custody, substituted service shall
service shall apply
service shall be made on apply [Sec. 8]
[Sec. 9]
any other person having
or exercising such
custody [Sec. 7]
A public official or
Respondent is a public employee or a private
May or may not be an official or employee or individual or entity
Respondent
officer [Sec. 6] private individual or entity engaged in gathering,
[Sec. 1] collecting or storing
data [Sec. 1]

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Habeas corpus Amparo Habeas data

The officer to whom the
writ is directed shall
convey the person so
imprisoned or restrained
before:
1. the judge allowing
the writ, or
2. in his absence or
disability, before
some other judge of
the same court

How executed on the day specified in Respondent files the Respondent files the
and returned the writ, unless person return [Sec. 9] return [Sec. 10]
directed to be produced
is sick or infirm, and
cannot, without danger,
be brought therein.

Officer shall then make

the due return of the writ,
with the day and cause
of the caption and
restraint according to the
command thereof [Sec.
8]
Within 5 working days
When to file On the day specified on Same as Amparo [Sec.
after service of the writ
return the writ [Sec. 8] 10]
[Sec. 9]
When the person to be Within 5 working days 1. Lawful defenses
produced is imprisoned after service of the writ, such as national
or restrained by an the respondent shall file a security, state
officer, the person who verified written return secrets, privileged
makes the return shall together with supporting communications,
state, and in other cases affidavits which shall, confidentiality of
the person in whose contain the source of
custody the prisoner is 1. Lawful defenses information of
found shall state in 2. The steps or actions media etc.
writing to the court or taken to determine the 2. In case of
judge before whom the fate or whereabouts of respondent in
Contents of
writ is returnable: the aggrieved party charge, in
return
1. Truth of 3. All relevant possession or in
custody/power over information in the control of the data
the aggrieved party possession of the or information
2. If he has custody or respondent pertaining subject of the
power, or under to the threat, act or petition
restraint, the omission against the a. A disclosure of
authority and the aggrieved party the data or
cause thereof, with a 4. If the respondent is a information
copy of the writ, public official or about the
order, execution or employee, the return petitioner, the
other process, if any shall further state acts nature of such

Page 44 of 54
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Habeas corpus Amparo Habeas data

upon which the party a. To verify identity data or
is held of aggrieved party information,
3. If the party is in his b. To recover and and the
custody or power, preserve purpose for its
and is not produced, evidence collection
particularly the c. To identify and b. The steps or
nature and gravity of collect witness actions taken
the sickness or statements by the
infirmity d. To determine respondent to
4. If he has had the cause, manner, ensure the
party in his custody location, and time security and
or power, and has of death or confidentiality
transferred such disappearance of the data or
custody or restraint e. To identify and information
to another, apprehend c. The currency
particularly to whom, persons involved and accuracy
at what time, for f. To bring of the data or
what cause, and by suspected information
what authority such offenders before a held
transfer was made competent court d. Other
[Sec. 10] [Sec.9] allegations
relevant to the
resolution of
the proceeding
[Sec.10]
Return or statement
shall be signed and
sworn to by the person Respondent shall file a
Respondent shall file a
who makes it if the verified written return
Formalities of verified written return
prisoner is not produced, together with
return together with supporting
unless the return is supporting affidavits
affidavits [Sec. 9]
made and signed by a [Sec. 10]
sworn public officer in his
official capacity [Sec. 11]
1. CoC who refuses to 1. Contempt without
1. Contempt without
issue the writ after prejudice to other
prejudice to other
allowance and disciplinary actions
disciplinary actions
demand, or a. CoC who
a. CoC who refuses
2. A person to whom a refuses to issue
to issue the writ
writ is directed, who the writ after its
after its
a. neglects/refuses allowance, or
Penalties for allowance, or
to obey or make b. A deputized
refusing to b. A deputized
return of the person who
issue or serve person who
same according refuses to
OR for faulty refuses to serve
to the command serve the writ
return the writ [Sec. 7]
thereof, [Sec. 8]
2. Contempt punishable
b. or makes false 2. Contempt
by imprisonment or a
return, punishable by
fine
c. or upon demand imprisonment or a
a. A respondent who
made by or on fine
refuses to make a
behalf of the a. A respondent
return, or
prisoner, refuses who refuses to

Page 45 of 54
UP LAW BOC LAST MINUTE TIPS
Habeas corpus
to deliver to the
person
demanding,
within 6 hours a
true copy of the
warrant or order
of commitment,
shall forfeit to the party
aggrieved the sum of
P1000, recoverable in a
proper action, and may
also be punished for
contempt [Sec. 16]
Is period of
return
extendable?
Is a general
denial allowed?
Effect of failure
to file return
Summary.
The writ does not act
upon the prisoner who
Nature of seeks relief, but upon the
Hearing person who holds him in
what is alleged to be
unlawful authority
[Caballes v. CA, G.R.
No. 163108 (2005)
Date and time of As specified in the writ
hearing [Sec. 8]
Page 46 of 54
Amparo
b. A respondent who
makes a false
return, or
c. Any person who
otherwise
disobeys or resist
a lawful process
or order of the
court [Sec. 16]
No, not even on highly
meritorious grounds.
Note: Motion for
extension of time to file a
return is a prohibited
pleading [Sec. 11]
Not allowed [Sec. 9]
Court or justice shall
proceed to hear the
petition ex parte [Sec. 12]
Summary.
However, the court,
justice, or judge may call
for a preliminary
conference to simplify the
issues and look at the
possibility of obtaining
stipulations and
admissions from the
parties.
Same priority as petitions
for Habeas corpus [Sec.
13]
As specified in the writ,
not later than 7 days from
REMEDIAL LAW
Habeas data
make a return,
or
b. A respondent
who makes a
false return, or
c. Any person
who otherwise
disobeys or
resist a lawful
process or
order of the
court [Sec. 11]
Yes, for justifiable
reasons [Sec. 10]
Not allowed [Sec. 10]
Court, judge, or justice
shall hear the motion
ex parte, granting the
petitioner such reliefs
as the petition may
warrant
Unless the court in its
discretion requires the
petitioner to submit
evidence [Sec. 14]
Summary.
With possibility of
preliminary conference
similar to Amparo [Sec.
14]
Hearing in chambers
may be conducted
where respondent
invokes the defense of
national security or
state secrets, or the
data is of privileged
character [Sec. 12]
As specified in the writ,
not later than 10
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Habeas corpus Amparo Habeas data

the issuance of the writ working days from the
[Sec. 6] date of issuance of the
writ [Sec. 7]
1. Motion to dismiss
2. Motion for extension
of time to file
opposition, affidavit,
position paper and
other pleadings
3. Dilatory motion for
postponement
4. Motion for bill of
particulars
In custody of minors a
5. Counterclaims or
motion to dismiss,
cross-claims
Prohibited except on the ground of Same as Amparo [Sec.
6. Third-party complaint
pleadings lack of jurisdiction [Sec. 13]
7. Reply
6, Rule on Custody of
8. Motion to declare
Minors and WHC]
respondent in default
9. Intervention
10. Memorandum
11. Motion for
reconsideration of
interlocutory orders or
interim relief orders
12. Petition for certiorari,
mandamus, or
prohibition [Sec. 11]
Substantial evidence
1. if respondent is a
private individual or
Clear and convincing Substantial evidence
Burden of entity, ordinary
evidence [Dizon v. required to prove the
proof/Standard diligence
Eduardo, G.R. No. L- allegations in the
of diligence 2. if public official or
59118 (1988)] petition [Sec. 16]
employee,
extraordinary
diligence [Sec. 17]
Yes. If warrant of Public official or employee
commitment is in cannot invoke the
Presumption of
pursuance with law, it presumption that official
official duty
serves as prima facie duty has been regularly
cause of restraint. performed [Sec. 17]
Upon filing of the petition
or at any time before final
judgment, the court,
justice or judge may grant
Interim reliefs any of the following
reliefs:
1. temporary protection
order
2. inspection order

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Habeas corpus Amparo Habeas data

3. production order
4. witness protection
order [Sec. 14]
Within 10 days from the Within 10 days from the
time the petition is time the petition is
Judgment
submitted for decision submitted for decision
[Sec. 18] [Sec. 16]
5 working days from
Within 48 hours from 5 working days from the
the date of notice of
notice of the judgment of date of notice of adverse
Appeal adverse judgment to
final order appealed judgment to the SC under
the SC under Rule 45
[Sec. 39, B.P. 129] Rule 45 [Sec. 19]
[Sec. 19]
Institution of
separate Not precluded
actions
Consolidated with a Consolidated with a
Consolidation criminal action filed criminal action filed
of actions subsequent to the petition subsequent to the
[Sec. 23] petition [Sec. 21]
No more separate petition
Effect of filing shall be filed. Reliefs Same as Amparo [Sec.
criminal action available by motion in the 21]
criminal case [Sec. 22]

Q: What is a strategic lawsuit against public government agency, on behalf of persons

participation (SLAPP)?
A: This refers to an action whether civil,
criminal or administrative, brought against any
person, institution or any government agency
or local government unit or its officials and
employees, with the intent to harass, vex, exert
undue pressure or stifle any legal recourse that
such person, institution or government agency
has taken or may take in the enforcement of
environmental laws, protection of the
environment or assertion of environmental
rights. [Sec. 4, Rule 1, A.M. No. 09-6-8-SC]
Q: What is a writ of kalikasan?
A: The writ is a remedy available to a natural or
juridical person, entity authorized by law,
people’s organization, non-governmental
organization, or any public interest group
accredited by or registered with any
whose constitutional right to a balanced and
healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a
public official or employee, or private individual
or entity, involving environmental damage of
such magnitude as to prejudice the life, health
or property of inhabitants in two or more cities
or provinces. [Sec. 1, Rule 7, A.M. No. 09-6-8-
SC]
Q: What is a writ of continuing mandamus?
A: It is a writ issued by a court in an
environmental case directing any agency or
instrumentality of the government or officer
thereof to perform an act or series of acts
decreed by final judgment which shall remain
effective until judgment is fully satisfied. [Sec.
4, Rule 1, A.M. No. 09-6-8-SC]

Page 48 of 54
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Q: How is a writ of kalikasan distinguished from a writ continuing mandamus?

A:
Writ of Kalikasan Writ of Continuing Mandamus
[Rule 7] [Rule 8]
Directed against
1. the unlawful neglect in the
performance of an act specifically
Available against an unlawful act or
enjoined by law in connection with
omission of a public official or employee, or
the enforcement/ violation of an
private individual or entity, involving
Subject environmental rule or
environmental damage of such magnitude
Matter 2. the unlawful exclusion of another
as to prejudice the life, health or property
from the use or enjoyment of such
of inhabitants in two or more cities or
right and in both instances, there
provinces [Sec. 1]
is no other plain, speedy and
adequate remedy in the ordinary
course of law. [Sec. 1]
1. Natural and juridical persons
2. Entities authorized by law
Who May 3. POs, NGOs, PIG, on behalf of persons Person personally aggrieved by the
File whose right to a balanced and healthful unlawful act or omission [Sec. 1]
ecology is violated or threatened to be
violated [Sec. 1]
May be public or private individual or entity
Respondent Government or its officers [Sec. 1]
[Sec. 1]
Docket Fees Exempted [Sec. 4] Exempted [Sec. 3]
1. RTC exercising territorial
jurisdiction,
Venue SC or CA [Sec. 2]
2. CA
3. SC [Sec. 3]
Discovery Ocular Inspection and Production or
None
Measures Inspection Order [Sec. 12]
Damages Not allowed [Sec. 17] Allowed [Sec. 1]

Q: What is the precautionary principle? In applying the precautionary principle, the

A: It states that when human activities may following factors, among others, may be
lead to threats of serious and irreversible considered:
damage to the environment that is scientifically 1. threats to human life or health;
plausible but uncertain, actions shall be taken 2. inequity to present or future generations; or
to avoid or diminish that threat. [Sec. 4, Rule 1, 3. prejudice to the environment without legal
A.M. No. 09-6-8-SC] consideration of the environmental rights of
those affected. [Sec. 2, Rule 20]
When there is a lack of full scientific certainty in
establishing a causal link between human
activity and environmental effect, the court
shall apply the precautionary principle in
resolving the case before it. The constitutional
right of the people to a balanced and healthful
ecology shall be given the benefit of the doubt.
[Sec. 1, Rule 20]

Page 49 of 54
UP LAW BOC LAST MINUTE TIPS
LEGAL AND JUDICIAL
ETHICS
I. Qualifications for new lawyers
(including reacquisition of
citizenship)
General Qualifications [Section 2, Rule 138]
Requirements for all applicants for admission
to the bar. - Every applicant for admission as a
member of the bar must be
1. a citizen of the Philippines;
2. at least twenty-one years of age;
3. of good moral character; and
4. resident of the Philippines; and
5. must produce before the Supreme Court
satisfactory evidence of good moral
character, and that no charges against him,
involving moral turpitude, have been filed
or are pending in any court in the
Philippines.
Qualifications under RA 9225 (Citizenship
Retention and Reacquisition Act of 2003):
● declares that natural-born citizens of the
Philippines who become citizens of another
country shall be deemed not to have lost
their Philippine citizenship.
● Only natural-born citizens of the Philippines
who have lost their Philippine citizenship by
reason of their naturalization as citizens of
a foreign country may retain/reacquire their
Philippine citizenship under this Act.
● RA 9225 does not apply to dual citizens,
i.e., those who have both Philippine as well
as foreign citizenship not acquired through
naturalization.
● The provisions of R.A. No. 9225 may be
used by an applicant seeking admission
to the practice of law.
Q: Roberto Lo was born in Australia of Filipino
parents. After completing his degree in
Business Administration in Australia, he
obtained his law degree in a Manila law school.
He successfully graduated with a law degree
and is now processing his documents to be
able to take the bar. Can he qualify to take the
bar examinations?
Page 50 of 54
LEGAL AND JUDICIAL ETHICS
A: Yes, Mr. Roberto law can qualify to take the
bar examinations. Under the 1987 Constitution,
he is considered a natural-born Filipino since
both his parents remain Filipino citizens at the
time of his birth. He also completed his law
degree from a local school in Metro Manila.
II. Code of Professional
Responsibility (Lawyer’s
Oath duties)
“I, ________________ do solemnly swear that
I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and
obey the laws as well as the legal orders of the
duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit,
neither give aid nor consent to the same; I will
delay no man for money or malice, and will
conduct myself as a lawyer according to the
best of my knowledge and discretion, with all
good fidelity as well to the courts as to my
clients; and I impose upon myself this voluntary
obligation without any mental reservation or
purpose of evasion. So help me God.” [Rules
of Court, Form 28]
A. The Lawyer and Society
● Canon 1 – A lawyer shall uphold the
Constitution, obey the laws of the land and
promote respect for law and legal
processes.
● Canon 2 – A lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness
of the profession.
● Canon 6 – These Canons shall apply to
lawyers in government service in the
discharge of their tasks.
Q: The Office of the Ombudsman suspended
Ceniza for six months for disgraceful and
immoral conduct for cohabiting with a woman
other than his wife while serving legal officer of
Mandaue City. Can a separate disbarment
case be filed against Ceniza?
UP LAW BOC LAST MINUTE TIPS
A: Yes, a separate disbarment case may be
filed against him. Canon 6 of the CPR applies
to government lawyers. A disbarment case is
sui generis and may be pursued independently
from any other action. Based on the facts,
Ceniza is guilty gross immoral conduct as a
member of society. He should be disbarred.
[Amalia Ceniza v. Atty. Eliseo B. Ceniza, A.C.
No. 8335, April 10, 2019, Per Curiam]
B. The Lawyer and the Legal
Profession
● Canon 7 - A lawyer shall at all times uphold
the integrity and dignity of the legal
profession and support the activities of the
integrated bar.
● Canon 9 - A lawyer shall not, directly or
indirectly, assist in the authorized practice
of law.
Q: Atty. Bancolo allowed his secretary to sign
the Complaint he filed for a client before the
Office of the Ombudsman. Can a lawyer
delegate to his secretary to sign a pleading on
his behalf?
A: No, Atty. Bancolo cannot delegate to his
secretary the signing of a pleading. The
permissive right conferred on the lawyer is an
individual and limited privilege subject to
withdrawal if he fails to maintain proper
standards of moral and professional conduct.
[Rodrigo Tapay v. Attys. Charlie Bancolo and
Janus Jarder, A.C. No. 9604, March 20, 2013,
Carpio, J.]
C. The Lawyer and the Courts
● Canon 10 - A lawyer owes candor,
fairness, and good faith to the court.
● Canon 11 - A lawyer shall observe and
maintain the respect due to the courts and
to judicial officers and should insist on
similar conduct by others.
● Canon 12 - A lawyer shall exert every effort
and consider it [their] duty to assist in the
speedy and efficient administration of
justice.
● Canon 13 - A lawyer shall rely upon the
merits of [their] cause and refrain from any
Page 51 of 54
LEGAL AND JUDICIAL ETHICS
impropriety which tends to influence or give
the appearance of influencing the court.
Q: Atty. Ramon represented to De Jesus and
Aquino that she could secure the acquittal of
Fajardo and even used the names of three
Associate Justices to accomplish her ill
motives. She drafted a fake decision regarding
the supposed acquittal of Fajardo. She placed
the names of three Associate Justices in the
fake decision even though the criminal case of
Fajardo was raffled in a different division and
assigned to a different Associate Justice as
ponente. What liability, if any, did Atty. Ramos
incur?
A: By her acts, she eroded public confidence in
the judiciary. She is not fit to remain a member
of the bar. [Justices Fernanda Lampas-
Peralta, Stephen Cruz and Ramon Paul
Hernando v. Atty. Marie Frances Ramon, A.C.
No. 12415, March 05, 2019]
Q: Atty. Cruz requested Mrs. Agaton, her client,
to procure a P2M Manager’s check as
consignation in the pending case for the titling
of the family’s ancestral home. Agaton
discovered that the consignation case was
already dismissed and that Atty. Cruz instead
applied the proceeds of the P2M check to settle
another civil case for another client. What
duties, if any, did Atty. Cruz violate?
A: Atty. Cruz clearly violated her Lawyer’s Oath
and the Canons of Professional Responsibility
through her dishonest, deceitful and fraudulent
conduct.” She defrauded the complainant by
misappropriating her manager’s check as
settlement for the obligation of a client in
another civil case. She likewise deceived the
RTC into believing that the complainant’s
manager’s check was issued for a civil case, to
which she was not a party but another client
she represented.
She should be disbarred and be ordered to
return to Mrs. Agaton the amount of P2 million
plus 6% interest per annum [Gracita P.
Domingo-Agaton v. Atty. Nini D. Cruz, A.C. No.
11023. May 4, 2021 (Date Uploaded:
8/05/2021)]
UP LAW BOC LAST MINUTE TIPS LEGAL AND JUDICIAL ETHICS

D. The Lawyer and The Client III. Disqualifications, inhibitions

● Canon 14 - A lawyer shall not refuse [their]
for judges
services to the needy.
These are the qualities a judge must possess.
● Canon 15 - A lawyer shall observe candor,
1. Canon 1. Independence
fairness, and loyalty in all [their] dealings
2. Canon 2. Integrity
and transactions with [their] clients.
3. Canon 3. Impartiality
● Canon 16 - A lawyer shall hold in trust all
4. Canon 4. Propriety
moneys and properties of [their] client that
5. Canon 5. Equality
may come into [their] profession.
6. Canon 6. Competence and Diligence [A.M.
● Canon 20 - A lawyer shall charge only fair
No. 03-05-01-SC]
and reasonable fees.
● Canon 21- A lawyer shall preserve the
Canon 3: Impartiality
confidence and secrets of [their] client even
SECTION 5. Judges shall disqualify
after the attorney-client relation is
themselves from participating in any
terminated.
proceedings in which they are unable to decide
the matter impartially or in which it may appear
Q: Atty. Regala and the other lawyers of their
to a reasonable observer that they are unable
office were directed to disclose to the
to decide the matter impartially. Such
Sandiganbayan the identity of their clients in
proceedings include, but are not limited to,
the documents presented by the prosecution
instances where –
for the recovery of alleged ill-gotten wealth,
a. The judge has actual bias or prejudice
which includes shares of stocks under the
concerning a party or personal knowledge
name of undisclosed principals. Can Atty.
of disputed evidentiary facts concerning
Regala be compelled to reveal the identity of
the proceedings;
the true owners of the shares of stocks under
b. The judge previously served as a lawyer or
litigation?
was a material witness in the matter in
controversy;
A: No, Atty. Regala cannot be compelled to
c. The judge, or a member of his or her family,
reveal the identity of his clients. Encouraging
has an economic interest in the outcome of
full disclosure to a lawyer by one seeking legal
the matter in controversy;
services opens the door to a whole spectrum of
d. The judge served as executor,
legal options which would otherwise be
administrator, guardian, trustee or lawyer in
circumscribed by limited information
the case or matter in controversy, or a
engendered by a fear of disclosure. An
former associate of the judge served as
effective lawyer-client relationship is largely
counsel during their association, or the
dependent upon the degree of confidence
judge or lawyer was a material witness
which exists between lawyer and client which
therein;
in turn requires a situation which encourages a
e. The judge’s ruling in a lower court is the
dynamic and fruitful exchange and flow of
subject of review;
information. It necessarily follows that in order
f. The judge is related by consanguinity or
to attain effective representation, the lawyer
affinity to a party litigant within the sixth civil
must invoke the privilege not as a matter of
degree or to counsel within the fourth civil
option but as a matter of duty and professional
degree; or
responsibility. [Teodoro R. Regala v.
g. The judge knows that his or her spouse or
Sandiganbayan, G.R. No. 105938, 1996-09-
child has a financial interest, as heir,
20]
legatee, creditor, fiduciary, or otherwise, in
the subject matter in controversy or in a
party to the proceeding, or any other
interest that could be substantially affected
by the outcome of the proceedings.

Page 52 of 54
UP LAW BOC LAST MINUTE TIPS LEGAL AND JUDICIAL ETHICS

Inhibition under Rule 137 of the Rules of IV. Direct and indirect contempt
Court
“SECTION 1. Disqualification of judges. — No Sanctions for practice or appearance
judge or judicial officer shall sit in any case - in without authority
which he, or his wife or child, is pecuniarily 1. Lawyers without authority - Contempt of
interested as heir, legatee, creditor or Court under Rule 71
otherwise, or in which he is related to either 2. Persons not lawyers - Indirect contempt for
party within the sixth degree of consanguinity unauthorized practice of law
or affinity or to counsel within the fourth degree
computed according to the rules of the civil law, Acts Constituting Contempt:
or in which he has been executor, 1. Misbehavior
administrator, guardian, trustee or counsel, or 2. Disobedience
in which he has presided in any inferior court 3. Publication concerning pending litigation
when the ruling or decision is the subject of 4. Publication tending to degrade the court;
review, without the written consent of all parties disrespectful language in pleadings
in interest, signed by them and entered upon 5. Misleading the court or obstructing justice
the record.” 6. Unauthorized practice of law
7. Belligerent attitude
The rule contemplates two kinds of inhibition 8. Unlawful retention of client’s funds
1. Voluntary - left to the judge's discretion
whether [they] should desist from sitting in
a case for other just and valid reasons with
only [their] conscience to guide [them] PRACTICAL EXERCISES
2. Compulsory - conclusively presumes that
a judge cannot actively or impartially sit on
a case A. Parts of conveyancing,
affidavits
A judge may not be legally prohibited from
sitting in litigation without any valid ground. But
when suggestion is made of record that he
1. Parts of Conveyancing
might be induced to act in favor of one party or
a. Document Title - Deed of Absolute Sale/
with bias or prejudice against a litigant arising
Contract of Lease/Memorandum of
out of circumstances reasonably capable of
Agreement
inciting such a state of mind, he should conduct
b. Preamble - used to easily show important
a careful self-examination. A judge who serves
details of the document. These include the
the cause of law must forestall the miscarriage
name of the agreement, the date of
of justice.
execution, and the involved parties.
c. Parties - refers to the persons, whether
Prejudice is not to be presumed. Especially if
natural or juridical persons, executing the
weighed against a judges legal obligation
contract
under his oath to administer justice without
d. Recitals - an optional form, called recitals,
respect person and do equal right to the poor
may be included to include background
and the rich. To disqualify or not to disqualify
information to the agreement.
himself then, as far as respondent judge is
concerned, is a matter of conscience."
Recitals can be a valuable resource for
[Pimentel v. Hon. Salanga, 21 SCRA 160
contract interpretation. They provide terms
(1967)]
that show intent on the part of the parties.

e. Agreement - legally called the

consideration is a general statement of
what is expected from the parties to fulfill
the contract.

Page 53 of 54
UP LAW BOC LAST MINUTE TIPS
2. Parts of Affidavits, four main
parts
a. A statement that the affiant is swearing
under oath to the truthfulness of the
information contained in the affidavit.
b. The information that is being sworn to;
c. The signature of the affiant;
d. The attestation of a notary public or other
official authorized to administer oaths.
B. Parts of pleadings, motions
1. Parts of a pleading
1. Caption
The caption sets forth:
a. the name of the court
b. the title of the action, and
c. the docket number if assigned
2. The Body
The body of the pleading sets forth:
a. its designation,
b. the allegations of the party’s claims or
defenses,
c. the relief prayed for, and
d. the date of the pleading
3. Signature and address
The signature of counsel constitutes a
certificate by him or her that he or she has
read the pleading and document; that to the
best of his or her knowledge, information,
and belief, formed after an inquiry
reasonable under the circumstances
4. Verification
A pleading is verified by an affidavit of an
affiant duly authorized to sign said
verification. The authorization of the affiant
to act on behalf of a party, whether in the
form of a secretary's certificate or a special
power of attorney, should be attached to
the pleading, and shall allege the following
attestations:
a. The allegations in the pleading are true
and correct based on his or her
personal knowledge, or based on
authentic documents;
b. The pleading is not filed to harass,
cause unnecessary delay, or
Page 54 of 54
LEGAL AND JUDICIAL ETHICS
needlessly increase the cost of
litigation; and
c. The factual allegations therein have
evidentiary support or, if specifically so
identified, will likewise have evidentiary
support after a reasonable opportunity
for discovery.
d. The signature of the affiant shall further
serve as a certification of the
truthfulness of the allegations in the
pleading.
5. Certification against forum shopping
Certify under oath in the complaint or other
initiatory pleading asserting a claim for
relief, or in a sworn certification annexed
thereto and simultaneously filed therewith:
a. that he has not theretofore 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 knowledge, no such other
action or claim is pending therein;
b. if there is such other pending action or
claim, a complete statement of the
present status thereof; and
c. if he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall report
that fact within five (5) days therefrom
to the court wherein his aforesaid
complaint or initiatory pleading has
been filed.
2. Motions
● All motions shall be in writing except those
made in open court or in the course of a
hearing or trial.
● A motion shall state the relief sought to be
obtained and the grounds upon which it is
based, and if required by these Rules or
necessary to prove facts alleged therein,
shall be accompanied by supporting
affidavits and other papers.
● Parts:
1. Captions
2. Nature of Motion – relief sought and
grounds to support the relief
3. Notice of Hearing on Litigious Motions
4. Signature
5. Proof of Service