2021 UST Pre Week Procedure and Professional Ethics Remedial Law

University
of Santo Tomas
Faculty of Civil Law

Procedure and
Professional
Ethics
PRE-WEEK NOTES 2020/21 BAR EXAMINATIONS

REMEDIAL LAW, ETHICS & PRACTICAL EXERCISES

ACADEMICS COMMITTEE

SECRETARY GENERAL: Maria Frances Faye R. Gutierrez
EXECUTIVE COMMITTEE: John Edward F. Fronda, Angel Isah M. Romero, Kirby
Anne C. Renia, Karen Abbie C. Aspiras, Jose Christian Anthony I. Pinzon

University of Santo Tomas

REMEDIAL LAW
PRE-WEEK NOTES

REMEDIAL LAW COMMITTEE

COMMITTEE HEAD: John Kristoffer P. Pereda

SUBJECT HEADS: Louis-Mari R. Opina, Jamie Anne G. Jorge, Morel Dei G. Falgui,
Cassandra Marie Mendoza, Dainiele Renee R. Fajilagutan

MEMBERS: Diane Lorraine B. Balcos, Alphonse Luiz L. Carsi-Cruz, Sofi Marie B.
Clariño, Vince Andrew R. Muncal, Michael Luis D. Sabatin, Gelina Amor V.
Baltazar, Ma. Shemeda P. Caro, Arleigh Shayne A. Castillo, Ma. Carmina A. Dieta,
Krystal Gayle R. Digay, Maria Frances Faye R. Gutierrez, Nadine S. Nacar, Angel
Isah M. Romero, Karen M. Areta, Kathleen T. Beltran, Odylou Camille M. Montojo,
Katrina Andrea L. Bringas, Leo Darwin M. Dequito, Isnihayah M. Pangandaman,
Jan Matthew V. Teves

Judge Myra B. Quiambao
Atty. Ian Jerny E. De Leon
Judge Katlyn Aguilar-Bilgera
ADVISERS

Remedial Law

GENERAL PRINCIPLES OF REMEDIAL LAW HOW JURISDICTION OVER THE PLAINTIFF AND
DEFENDANT IS ACQUIRED
Remedial laws are adjective laws which prescribe rules and
forms of procedure of enforcing rights or obtaining redress PLAINTIFF DEFENDANT
for their invasion. They refer to rules of procedure by which Acquired when 1. By his or her voluntary
courts applying laws of all kinds can properly administer the action is appearance in court and his
justice. They include rules of pleadings, practice, and commenced by submission to its authority; or
evidence. (Tan, Jr. v. CA, G.R. No. 136368, January 16, 2002) the filing of the 2. By valid service of summons.
(2006 BAR) complaint. This
presupposes NOTE: Jurisdiction over the
RULE-MAKING POWER OF payment of the defendant is not essential in actions
THE SUPREME COURT docket fees. in rem or quasi in rem as long as the
court has jurisdiction over the res.
Extent of the rule-making power of the SC (Herrera, 2007)

It has the power to promulgate rules concerning: (Pro-
PAILa) Voluntary appearance

1. The protection and enforcement of constitutional Voluntary appearance is any appearance of the defendant
rights; in court, provided he or she does not raise the question of
2. Pleading, practice, and procedure in all courts; lack of jurisdiction of the court. (Flores v. Zurbito, 37 Phil.
746; Carballo v. Encarnacion, 92 Phil. 974)
NOTE: The constitutional faculty of the Court to
promulgate rules of practice and procedure necessarily It is equivalent to service of summons. (Sec.23, Rule 14, 2019
carries the power to overturn judicial precedents on Amendments to the Rules of Civil Procedure)
points of remedial law through the amendment of the
Rules of Court. (Pinga v. The Heirs Of German Santiago, Filing of pleadings seeking affirmative reliefs
G.R. No. 170354, June 30, 2006) constitutes voluntary appearance

3. The admission to the practice of law; GR: Seeking affirmative relief constitutes voluntary
4. The integrated bar; and appearance, and the consequent submission of one’s person
5. Legal assistance to the underprivileged. (Art. VIII, Sec. to the jurisdiction of the court.
5[5], 1987 Constitution)
XPNs: In the case of pleadings whose prayer is precisely for
NOTE: The power to repeal, alter, or supplement rules the avoidance of the jurisdiction of the court, which only
concerning pleading, practice and procedure in all courts leads to a special appearance. These pleadings are:
belongs exclusively to the Supreme Court.
1. In civil cases, motions to dismiss on the ground of lack of
Limitations on the rule-making power of the Supreme jurisdiction over the person of the defendant;
Court (SIU-DIM)
NOTE: The inclusion in a motion to dismiss of other
1. The rules shall provide a simplified and inexpensive grounds aside from lack of jurisdiction over the person of
procedure for the speedy disposition of cases; the defendant shall be deemed a voluntary appearance.
2. The rules must be uniform for all the courts of the same (Sec. 23, Rule 14, 2019 Amendments to the Rules of Civil
grade; and Procedure)
3. The rules must not diminish, increase or modify
substantive rights. (Sec.5 [5], Art. VIII, 1987 2. In criminal cases, motions to quash an Information on the
Constitution) ground of lack of jurisdiction over the person of the
accused; and
GENERAL PRINCIPLES ON JURISDICTION 3. Motion to quash a warrant of arrest.

Jurisdiction JURISDICTION OVER THE SUBJECT MATTER

The power and authority of a court to try, hear, decide a case It is the power to hear and determine cases of the general
and the power to enforce its determination. (21 CJS, 9; class to which the proceedings in question belong. (Herrera,
Echagaray v. Secretary of Justice, G.R. No. 132601, January 2007)
19, 1999)
GR: Jurisdiction over the subject matter cannot be waived,
Only jurisdiction over the subject matter is conferred by enlarged or diminished by stipulation of the parties.
substantive law. Jurisdiction over the parties, issues and res (Republic v. Estipular, 336 SCRA 333)
is governed by procedural laws. (Riano, 2011)
XPN: Estoppel by laches, by failure to object to the
ASPECTS OF JURISDICTION jurisdiction of the court for a long period of time and by
invoking its jurisdiction in obtaining affirmative relief.
JURISDICTION OVER THE PARTIES (Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968)

Jurisdiction over the person is the legal power of the court Doctrine of Primary Administrative Jurisdiction vs.
to render a personal judgment against a party to an action Doctrine of Exhaustion of Administrative Remedies
or proceeding. (Black's, 5th Edition)
UNIVERSITY OF SANTO TOMAS 1 PRE–WEEK NOTES

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
DOCTRINE OF PRIMARY DOCTRINE OF Totality or Aggregate Rule
ADMINISTRATIVE EXHAUSTION OF
JURISDICTION ADMINISTRATIVE Where there are several claims or causes of actions,
REMEDIES principally for recovery of money, between the same or
Courts cannot or will not A party must first avail of different parties embodied in one complaint, the amount of
determine a controversy all administrative the demand shall be the totality of the claims in all
involving a question which processes available before causes of action irrespective of whether the causes of
is within the jurisdiction of seeking the courts' action arose out of the same or different transaction. (Sec.
the administrative tribunal intervention. 5[d], Rule 2)
prior to the resolution of
that question by the The administrative officer
administrative tribunal, concerned must be given CIVIL PROCEDURE
where the question every opportunity to
demands the exercise of decide on the matter
sound administrative within his or her ACTIONS
discretion requiring the jurisdiction. Failing to

special knowledge, exhaust administrative Commencement of an action
experience and services of remedies affects the
the administrative tribunal party's cause of action as It is commenced by the filing of the original complaint in
to determine technical and these remedies refer to a court. (Sec. 5, Rule 1) It can be instituted by filing the
intricate matters of fact. precedent condition which
complaint by personal service, by registered mail, by
(Republic v. Gallo, G.R. No. must be complied with
accredited courier, by electronic mail or other electronic
207074, January 17, 2018, as prior to filing a case in
means as may be authorized by the Court. (Sec. 3, in relation
penned by J. Leonen, citing court. (Republic v. Gallo, to Section 14(a), Rule 13, Rules of Court 2020)
Republic v. Lacap) id.)

Instances when the Rules of Court are NOT applicable
NOTE: Refers to the NOTE: Failure to observe
competence of a court to the doctrine of exhaustion GR: It is not applicable in: (NICOLE)
take cognizance of a case at of administrative remedies
first instance. does not affect the court's 1. Naturalization proceedings;
jurisdiction.
2. Insolvency proceedings;
GR: Doctrine cannot be This doctrine may be 3. Cadastral proceedings;
waived. waived. (Republic v. Gallo, 4. Other cases not provided in the Rules of Court;
XPN: For reasons of equity, G.R. No. 207074, January 5. Land registration proceedings; and
failure to raise the issue of 17, 2018, as penned by J. 6. Election cases (Sec. 4, Rule 1)
non-compliance with the Leonen, citing Soto v.
doctrine of primary Jareno) XPNs:
administrative jurisdiction 1. By analogy or in a suppletory character; and
at an opportune time may 2. Whenever practicable and convenient. (Sec. 4, Rule 1)
bar a subsequent filing of a
motion to dismiss based on PERSONAL ACTIONS AND REAL ACTIONS
that ground by way of
laches. (Ibid.)
REAL ACTION PERSONAL ACTION

Scope When it affects title Recovery of personal

to or possession of property, the
JURISDICTION OVER THE ISSUES
real property, or enforcement of a
interest therein. contract or the
The power of the court to try and decide issues raised in the (Sec. 1, Rule 4) recovery of damages.
pleadings of the parties or by their agreement in a pre-trial (Chua v. TOPROS, G.R.
order or those tried by the implied consent of the parties. No. 152808, September
(Sec. 5, Rule 10) 30, 2005)

Basis When it is founded Founded on privity of
JURISDICTION OVER THE RES OR
upon the privity of a contract such as
THE PROPERTY IN LITIGATION
real estate. The damages, claims of

realty or interest money, etc. (Paper
Jurisdiction over the res refers to the court’s jurisdiction
therein is the Industries Corporation
over the thing or the property which is the subject of the
subject matter of the of the Philippines v.
action. It is acquired either by:
action. Samson, G.R. No. L-
1. The seizure of the property under legal process;
30175, November 28,
2. As a result of the institution of legal proceedings, in
NOTE: It is 1975)
which the power of the court is recognized and made
important that the
effective (Banco Español Filipino v. Palanca, 37 Phil. 291);
matter in litigation
3. The court by placing the property of thing under its
must also involve
custody (custodia legis), e.g. attachment of property; or
any of the following
4. The court through statutory authority conferring upon it
issues:
the power to deal with the property or thing within the

court’s territorial jurisdiction, e.g. suits involving the
1. Title
status of the parties or suits involving the property in the
2. Ownership
Philippines of non-resident defendants. (Riano, 2011)
3. Possession

4. Partition

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
5. Condemnation
(Albano, 2017)
6. Foreclosure of
mortgage
Any interest in real
property (Riano,
2014)
Venue A real action is ‘local’ Venue of action is
– i.e., its venue transitory – i.e., the
depends upon the place where the
location of the plaintiff or any of the
property involved in principal plaintiffs
the litigation. resides, or where the
defendant or any of the
Venue of action shall principal defendants
be commenced and resides, or in the case
tried in the proper of a non-resident
court which has defendant where he
jurisdiction over the may be found, at the
area wherein the election of the plaintiff.
real property (Sec. 2, Rule 4)
involved, or a
portion thereof is
situated. (Sec. 1, Rule
4)

Importance of distinction between real and personal
actions

The distinction between a real action and a personal action
is important for the purpose of determining the venue of
action.
NOTE: Questions involving the propriety or impropriety of
a particular venue are resolved by initially determining the
nature of the action, i.e., if the action is personal or real.
(Riano, 2014)

LOCAL AND TRANSITORY ACTIONS

LOCAL TRANSITORY
ACTIONS ACTIONS
Venue Must be brought in a Dependent on the
particular place where place where the
the subject property is party resides
located, unless there is regardless of where
an agreement to the the cause of action
contrary. (Sec. 4, Rule 4) arose. Subject to
Sec. 4, Rule 4.
Privity No privity of contract Founded on privity
of and the action is of contract between
contract founded on privity of the parties whether
estate only. (Riano, debt or covenant.
2014) (Paper Industries
Corporation of the
Philippines v.
Samson, supra.)


2021 GOLDEN NOTES 2021 & 2022
Remedial Law

ACTIONS IN REM, IN PERSONAM AND QUASI IN REM

ACTION IN REM ACTION IN PERSONAM ACTION QUASI IN REM
Nature A proceeding to determine title, A proceeding to enforce personal A proceeding to subject the
status or condition of property rights and obligations brought property of the named defendant
within its borders. against the person. (Riano, 2014) or his interests therein to the
obligation or lien burdening the
property. (Riano, 2014, citing
Asiavest Limited v. CA, G.R. No.
128803, September 25, 1998)
Purpose A proceeding to bar indifferently To impose through the judgment Deals with the status, ownership
all who might be minded to make of a court, some responsibility or or liability of a particular
any objection against the right liability directly upon the person property but which are intended
sought to be enforced, hence the of the defendant. (Domagas v. to operate on these questions
judgment therein is binding Jensen, G.R. No. 158407, January only as between the particular
theoretically upon the whole 17, 2005) parties to the proceedings and
world. not to ascertain or cut-off the
rights or interests of all possible
claimants. (Domagas v. Jensen,
supra)
Scope Directed against the thing itself Directed against particular Directed against particular
instead of against the person. persons. (Domagas v. Jensen, persons with respect to the res.

(Riano, 2014) supra)

Required Jurisdiction over the person of the Jurisdiction over the person of the Jurisdiction over the person of the
jurisdiction defendant is not required. defendant is required. (Biaco v. defendant is not required as long
Jurisdiction over the res is Philippine Countryside Rural as jurisdiction over the res is
acquired either (1) by the seizure Bank, supra.) acquired. (Biaco v. Philippine
of the property under legal Countryside Rural Bank, supra)
process; or (2) as a result of the
institution of legal proceedings. NOTE: Summons must be served
(Biaco v. Philippine Countryside upon the defendant in order to
Rural Bank, G.R. No. 161417, satisfy due process requirements.
February 8, 2007) (Riano, 2011)

Effect of Judgment is binding upon the Judgment is binding only upon Judgment will be binding only
judgment whole world. (Muñoz v. Yabut, Jr., parties impleaded or their upon the litigants, their privies,
G.R. No. 142676 & 146718, June 6, successors-in-interest, but not and their successors-in-interest,
2011) upon strangers. (Muñoz v. Yabut, but the judgment shall be
Jr., supra) executed against a particular
property. The res involved will
answer for the judgment.
Examples 1. Probate proceedings (Alaban 1. Action for specific 1. Action for partition;
v. Court of Appeals, G.R. No. performance (Jose v. Boyon, 2. Action for accounting (Riano,
156021, September 23, 2005); G.R. No. 147369, October 23, 2014, citing Valmonte v. CA,
2. Cadastral proceedings (In re 2003); G.R. No. 108538, January 22,
Estate of Johnson, 39 Phil 2. Action for breach of contract; 1996);
156); or or 3. Attachment; or
3. Land registration 3. Action for a sum of money or 4. Foreclosure of mortgage
proceedings (Republic v. damages (Riano, 2014) (Sahagun v. CA, G.R. No. 78328,
Herbieto, G.R. No. 156117, June 3, 1991)
May 26, 2005)

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
NOTE: The distinction between actions in rem, in personam, res action does not cause of action is a
and quasi in rem is important in determining the following: judicata constitute res decision on the
judicata. merits.
1. Whether jurisdiction over the person of the defendant is
required; and Dismissal of a
2. The type of summons to be employed (Gomez v. CA, G.R. complaint for
No. 127692, March 10, 2004) failure to state a
cause of action
CAUSE OF ACTION does not bar the
subsequent re-
Elements of a cause of action (LAC) filing of the
complaint. (Sec. 13,
1. A legal right in favor of the plaintiff; Rule 15, Rules of
2. A correlative legal duty of the defendant to respect such Court 2020)
rights; and
3. An act or omission on the part of such defendant in SPLITTING A SINGLE CAUSE OF ACTION
violation of the right of the plaintiff; or constituting a AND ITS EFFECTS
breach of the obligation of the defendant to the plaintiff
for which the latter may maintain an action for recovery Splitting of cause of action
of damages or other appropriate relief with a resulting
injury or damage which the latter may maintain an action It is the act of instituting two or more suits on the basis of
for the recovery of relief from the defendant. (Riano, 2019, the same cause of action. (Sec. 4, Rule 2) It is the act of
citing Metropolitan Bank and Trust Company v. Ley dividing a single or indivisible cause of action into several
Construction and Development Corporation, G.R. No. parts or claims and bringing several actions thereon. (Riano
185590, December 3, 2014) 2014, citing Quadra v. Court of Appeals, G.R. No. 147593, July
31, 2006)
FAILURE TO STATE A CAUSE OF ACTION vs.
LACK OF CAUSE OF ACTION Effect of splitting a cause of action

FAILURE TO LACK OF CAUSE If two or more suits are instituted on the basis of the same
STATE CAUSE OF OF ACTION cause of action, the filing of one or a judgment upon the
ACTION merits in any one is available as a ground for the dismissal
Definition Insufficiency of Where the of the others. (Sec. 4, Rule 2)
allegation in the evidence does not
pleading. (Dabuco sustain the cause of Remedies against splitting cause of action
v. Court of Appeals, action. (Domondon
G.R. No. 133775, v. Lopez, A.M. No. The defendant may file a motion to dismiss based on either
January 20, 2000) RTJ-02-1696, June of the following grounds:

20, 2002)
How May be raised as an Raised in a 1. Litis pendentia – that there is another action pending
interposed affirmative demurrer to between the same parties for the same cause; or
defense in the evidence under 2. Res judicata, if the first action has already been
defendant’s Rule 33 after the terminated – that the cause of action is barred by a
answer. (Sec. 12, plaintiff has rested prior judgment or by the statute of limitations.
Rule 8, Rules of his case. (Enojas v. (Section 12[a], Rule 15, Rules of Court 2020)
Court 2020) Comelec, G.R. No.

129938, December JOINDER AND MISJOINDER
12, 1997) OF CAUSES OF ACTION

Determinat Determined only Resolved only on
ion from the the basis of the Requisites of joinder of causes of action
allegations of the evidence he
pleading and not presented in 1. The party shall comply with the rules on joinder of
from evidentiary support of his claim. parties (Sec. 6, Rule 3):
matters. (Riano, (Riano, 2014 citing
2014, citing Domondon v. Lopez, a. Right to relief exists in favor of or against several
Domondon v. supra) persons;
Lopez, supra) b. Right to relief arises out of the same transaction

When Can be made at the Made after or series of transaction; and
made earliest stages of questions of fact c. There is common question of law of law or fact.
an action (Dabuco have been resolved
v. CA, G.R. No. on the basis of 2. The joinder shall not include special civil actions
governed by special rules;
133775, January stipulations,
3. Where the causes of action are between the same
20, 2000), i.e. filed admissions, or
parties but pertain to different venues or jurisdictions,
in an answer. evidence presented.
the joinder may be allowed in the RTC provided one of
(Dabuco v. CA, G.R.
No. 133775, January the causes of action falls within the jurisdiction of said
20, 2000) court and venue lies therein; and
4. Totality Test - Where claims in all causes of action are
Whether No, dismissal due Yes, because
principally for recovery of money, the aggregate
dismissal to the failure to dismissal on the
amounts to state a cause of ground of lack of

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
amount claimed shall be the test for jurisdiction. (Sec. REAL PARTIES-IN-INTEREST; INDISPENSABLE
5, Rule 2) (2002 BAR) PARTIES; REPRESENTATIVES AS PARTIES; NECESSARY
PARTIES; INDIGENT PARTIES; ALTERNATIVE
NOTE: A joinder of causes of action is only permissive, not DEFENDANTS
compulsory; hence, a party may desire to file a single suit
for each of his claims. (Riano, 2014) Kinds of parties in a civil action (RIR-NIP)

Misjoinder of causes of action 1. Real parties in interest;
2. Indispensable parties;
There is a misjoinder when two or more causes of action 3. Representatives as parties;
were joined in one complaint when they should not be so 4. Necessary parties;
joined. 5. Indigent parties; and
6. Pro-forma parties.
This is not a ground for dismissal of an action. A misjoined
cause of action may, on motion of a party or on the initiative REAL PARTY-IN-INTERST
of the court, be severed and proceeded with separately
by filing a motion in relation thereto. (Sec. 6, Rule 2) There He or she is the party who stands to be: (BIE)
is no sanction against non-joinder of separate causes of
action. 1. Benefited;
2. Injured by the judgment in the suit; or
However, if the plaintiff refuses to sever the misjoined cause 3. The party entitled to the avails of the suit
of action, the complaint may be dismissed pursuant to Sec. (Sec. 2, Rule 3)
3, Rule 17 of the 2019 Amendments to the Revised Rules on
Civil Procedure. Sole proprietorship has no juridical personality
separate and distinct from the personality of the owner
PARTIES TO CIVIL ACTIONS
The law merely recognizes the existence of a sole
Who may be parties to a civil action proprietorship as a form of business organization
conducted for profit by a single individual and requires its
1. Natural persons; proprietor or owner to secure licenses and permits, register
2. Juridical persons: its business name, and pay taxes to the national
government. The law does not vest a separate legal
a. The State and its political subdivisions; personality on the sole proprietorship or empower it to file or
b. Other corporations, institutions and entities for defend an action in court. The proprietor or proprietress can
public interest or purpose, created by law; and be considered as a real party-in-interest and has a standing
c. Corporations, partnerships and associations for to file a case. (Stanley Fine Furniture, Elena v. Gallano, G.R.
private interest or purpose to which the law No. 190486, November 26, 2014, as penned by J. Leonen)
grants a juridical personality, separate and
distinct from that of each shareholder, partner or Indispensable parties vs. Necessary parties
member (Art. 44, NCC);
INDISPENSABLE NECESSARY PARTIES
3. Entities authorized by law: PARTIES
a. Corporation by estoppel is precluded from Parties in interest without A necessary party is one
denying its existence and the members thereof whom no final who is not indispensable
can be sued and be held liable as general partners determination can be had but who ought to be joined
(Sec. 21, Corporation Code); of an action shall be joined as a party if:
b. A contract of partnership having a capital of three either as plaintiffs or
thousand pesos or more but which fails to comply defendants. (Sec. 7, Rule 3) 1. Complete relief is to
with the registration requirements is be accorded as to
nevertheless liable as a partnership to third Must be joined under any those already parties;
persons (Art. 1772 in relation to Art. 1768, NCC); and all conditions because or
c. Estate of a deceased person (Limjoco v. Intestate the court cannot proceed 2. For a complete
Estate of Fragante, G.R. No. L-770, April 27, 1948); without him or her. (Riano, determination or
d. A legitimate labor organization may sue and be 2014) settlement of the
sued in its registered name (Art. 242[e], Labor claim subject of the
Code of the Philippines); action. (Sec. 8, Rule 3)
e. The Roman Catholic Church may be a party and as
to its properties, the archbishop or diocese to Necessary parties should
which they belong (Versoza v. Hernandez, G.R. No. be joined whenever
L-25264, November 22, 1926); and possible; however, the
f. A dissolved corporation may prosecute and action can proceed even in
defend suits by or against it provided that the their absence because his
suits: interest is separable from
i. Occur within three (3) years after its that of indispensable party.
dissolution; and (Ibid.)
ii. The suits are in connection with the No valid judgment if they The case may be
settlement and closure of its affairs. (Sec. are not joined. determined in court but
112, Corporation Code) the judgment therein will
not afford a complete relief

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
in favor of the prevailing Rules on Civil Procedure; Marcos-Araneta, et al. v. CA, G.R. No.
party. 154096, August 22, 2008)

COMPULSORY AND PERMISSIVE NOTE: In civil cases, venue is not a matter of jurisdiction.
JOINDER OF PARTIES (Heirs. of Lopez v. de Castro, G.R. No. 112905, February 3,
2000)
Compulsory joinder of parties (2009 BAR)
Venue becomes jurisdictional only in a criminal case. Where
The joinder of parties becomes compulsory when the one the Information is not filed in the place where the offense
involved is an indispensable party. (Riano, 2014) was committed, the information may be quashed for lack of
jurisdiction over the offense charged. (Sec. 3, Rule 117)
The plaintiff is mandated to implead all the indispensable
parties, considering that the absence of one such party EFFECTS OF STIPULATIONS ON VENUE
renders all subsequent action of the court null and void for
want of authority to act, not only as to the absent parties but Stipulations on venue (WEB)
even as to those present. One who is a party to a case is not
bound by any decision of the court; otherwise, he will be The parties may stipulate on the venue as long as the
deprived of his right to due process. (Sepulveda, Sr. v. Pelaez, agreement is:
G.R. No. 152195, January 31, 2005)
1. In writing;
Effect of failure to join an indispensable party (2015, 2. Exclusive as to the venue; and
2017 BAR) 3. Made before the filing of the action. (Sec. 4[b], Rule 4)

The court will order the claiming party to implead in the The parties may agree on a specific venue which could be in
complaint the indispensable party inadvertently omitted. a place where neither of them resides. (Universal Robina
Failure to comply with the order of the court will lead to the Corp. v. Lim, G.R. No. 154338, October 5, 2007)
dismissal of the complaint under Sec. 3, Rule 17.
Example of words with restrictive meaning
Effect of non-joinder of a necessary party
1. Only;
1. The court may order the inclusion of the omitted 2. Solely;
necessary party if jurisdiction over his person may be 3. Exclusively in this court;
obtained; 4. In no other court save - ;
2. The failure to comply with the order for his inclusion, 5. Particularly;
without justifiable cause, shall be deemed a waiver of 6. Nowhere else but/except;
the claim against such party; 7. Words of similar import. (Pacific Consultants
3. The non-inclusion of a necessary party does not International Asia, Inc. v. Schonfeld, G.R. No. 166920,
prevent the court from proceeding in the action, and February 19, 2007)
the judgment rendered therein shall be without
prejudice to the rights of such necessary party. (Sec. 9, PLEADINGS
Rule 3)
Pleadings are the written statements of the respective
CLASS SUITS claims and defenses of the parties submitted to the court for
appropriate judgment. (Sec. 1, Rule 6) (2007 BAR)
Requisites of class suit (2005 BAR)
COMPLAINT
1. Subject matter of the controversy is one of common or
general interest to many persons; Pleading alleging the plaintiff’s or claiming party’s cause or
2. Parties affected are so numerous that it is cause of action. (Sec. 3, Rule 6)
impracticable to bring them all before the court;
3. Parties bringing the class suit are sufficiently NOTE: The names and residences of the plaintiff and
numerous or representative of the class and can fully defendant, if known, must be stated. (Sec. 3, Rule 6)
protect the interests of all concerned; and
4. Representatives sue or defend for the benefit of all. NOTE: The allegations of the complaint must be based on
(Sec. 12, Rule 3; Juana Complex I Homeowners the ultimate facts, including the evidence on which the
Association, Inc. v. Fil-Estate Land, Inc., G.R. No. 152272, party pleading relies for his claims or defenses which need
152397, March 5, 2012) to be attached to the complaint. (Sec. 1 Rule 8, 2019
Amendments to the Rules of Civil Procedure)
VENUE
ANSWER
Q: Can a complaint be dismissed by the court motu
proprio based on improper venue? It is the pleading in which the defending party sets forth his
or her affirmative or negative defenses. (Sec. 4, Rule 6, 2019
A: NO. Improper venue is not one of the grounds wherein Amendments to the Rules of Civil Procedure)
the court may dismiss an action motu proprio. (Universal
Corp. v. Lim, G.R. No. 154338, October 5, 2007) Improper It may likewise be the response to a counterclaim or a cross-
venue is an affirmative defense which the defendant may claim. It may be an answer to the complaint, an answer to a
raise in his or her answer seasonably, else it is deemed counter-claim, or an answer to a cross-claim. (Riano, 2014)
waived. (Sec. 12, Rule 8, 2019 Amendments to the Revised
COUNTERCLAIMS

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COMPULSORY PERMISSIVE Any claim by one party against a co-party arising out of the
COUNTERCLAIM COUNTERCLAIM transaction or occurrence that is the subject matter of
One which arises out of or is It does not arise out of nor is either the original action, or a counterclaim therein. Such
necessarily connected with it necessarily connected cross-claim may cover all or part of the original claim. (Sec.
the transaction or with the subject matter of 8, Rule 6, 2019 Amendments to the Rules of Civil Procedure)
occurrence that is the the opposing party’s claim.
subject matter of the There is an absence of a Effect if a cross-claim was not set up
opposing party’s claim. (Sec. logical connection with the
7, Rule 6, 2019 Amendments subject matter of the GR: Barred if not set up. (Sec.2, Rule 9)
to the Rules of Civil complaint.
Procedure) (1999, 2004 XPNs:
BAR) 1. Cross-claim arising after answer (Sec. 9, Rule 11, 2019
It does not require for its It may require for its Amendments to the Rules of Civil Procedure); and
adjudication the presence of adjudication the presence of 2. Omitted cross-claim. (Ibid.)
third parties of whom the third parties over whom the
court cannot acquire court cannot acquire THIRD (FOURTH, ETC.)-PARTY COMPLAINT
jurisdiction. (Sec. 4, Rule 6, jurisdiction.
2019 Amendments to the A third (fourth, etc.) party complaint is a claim that a
Rules of Civil Procedure)
defending party may, with leave of court, file against a
GR: Barred if not set up in Not barred even if not set up person not a party to the action, called the third (fourth,
the same action. (Sec. 7, Rule in the action. etc.) party defendant, for contribution, indemnity,
6; Sec. 2, Rule 9, 2019 subrogation or any other relief, in respect of his or her
Amendments to the Rules of opponent's claim. (Sec. 11, Rule 6, 2019 Amendments to the
Civil Procedure) Rules of Civil Procedure)

XPN: Unless otherwise COMPLAINT-IN-INTERVENTION
allowed by the Rules (Sec. 7,
Rule 6, 2019 Amendments to It is a pleading filed for the purpose of asserting a claim
the Rules of Civil Procedure): against either or all of the original parties. (Sec. 3, Rule 19,
2019 Amendments to the Rules of Civil Procedure)
a. Counterclaim arising
after answer (Sec. 9, NOTE: Intervention is a remedy by which a third party, not
Rule 11, 2019 originally impleaded in a proceeding, becomes a litigant
Amendments to the therein to enable him to protect or preserve a right or
Rules of Civil interest which may be affected by such proceeding.
Procedure); and (Restaurante Las Conchas v. Llego, G.R. No. 119085,
b. Omitted counterclaim. September 9, 1999, citing First Philippine Holdings
(Sec. 9, Rule 11, 2019 Corporation v. Sandiganbayan, G.R. No. 88345, February 1,
Amendments to the 1996)
Rules of Civil Requisites for an Intervention by a non-party in an
Procedure) action pending in court (2000 BAR)
Need not be answered; No Must be answered;
default (Gojo v. Goyala, G.R. Otherwise, default The requisites for intervention are:
No. L-26768, October 30, (Sarmiento v. Juan, G.R. No. L- 1. There must be a motion for leave to intervene filed
1970) 56605, January 28, 1983) before rendition of judgment by the trial court.
Not an initiatory pleading. Initiatory pleading. 2. Movant must show that he or she has a:

Need not be accompanied by Must be accompanied by a
a certification against forum certification against forum a. Legal interest in the matter in controversy;
shopping and certificate to shopping and whenever b. Legal interest in the success of either of the
file action by the Lupong required by law, also a parties; or
Tagapamayapa. certificate to file action by c. Legal interest against both; or
the Lupong Tagapamayapa d. So situated as to be adversely affected by a
(Santo Tomas University v. distribution or other disposition of property in
Surla, G.R. No. 129718, the custody of the court or of an officer thereof.
August 17, 1998) e. Intervention will not unduly delay or prejudice

GR: The court has Must be within the the adjudication of the rights of original parties;
jurisdiction to entertain jurisdiction of the court and
both as to the amount and where the case is pending f. Intervenor’s rights may not be fully protected in a
nature. and cognizable by regular separate proceeding. (Sec. 1, Rule 19, 2019
courts of justice otherwise, Amendments to the Rules of Civil Procedure)
XPN: In an original action defendant will have to file it
before the RTC, the in separate proceeding REPLY
counterclaim may be which requires payment of
considered compulsory docket fee. When a reply may be filed
regardless of the amount.
(Sec. 7, Rule 6, 2019 The plaintiff may file a reply ONLY if the defending party
Amendments to the Rules of attaches an actionable document to his answer. (Sec. 10,
Civil Procedure) Rule 6, supra.)

CROSS-CLAIM REJOINDER


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In the event of an actionable document attached to the Elements of forum shopping:
reply, the defendant may file a rejoinder if the same is based
solely on an actionable document. (Sec. 10, Rule 6, 2019 1. Identity of parties, or at least such parties representing
Amendments to the Rules of Civil Procedure) Therefore, the the same interests in both actions;
rejoinder is limited to said actionable document. 2. Identity of rights asserted and reliefs prayed for, the
relief being founded on the same facts; and
SIGNATURE AND ADDRESS 3. The identity of two preceding particulars, such that any
judgment rendered in the other action will, regardless
Every pleading and other written submissions to the court of which party is successful amount to res judicata in
must be signed by the plaintiff or counsel representing him the action under consideration. (Buan v. Lopez, G.R. No.
or her. (Sec. 3, Rule 7, 2019 Amendments to the Rules of Civil 75349, October 13, 1986)
Procedure)
Substantial compliance with the filing of certification
Effect of counsel’s signature against forum shopping (2016 BAR)

The signature of counsel constitutes a certificate by him GR: The rule is that the certificate of non-forum shopping
that: must be signed by all the petitioners or plaintiffs in a case
and the signing by only one of them is insufficient.
1. He has read the pleading and document;
2. To the best of his knowledge, information, and belief, XPN: Rules on forum shopping were designed to promote
formed after an inquiry reasonable under the and facilitate the orderly administration of justice and
circumstances: should not be interpreted with such absolute literalness as
to subvert its own ultimate and legitimate objective. The
a. It is not being presented for any improper rule of substantial compliance may be availed of with
purpose, such as to harass, cause unnecessary respect to the contents of the certification. This is because
delay, or needlessly increase the cost of litigation; the requirement of strict compliance with the provisions
b. The claims, defenses, and other legal contentions regarding the certification of non-forum shopping merely
are warranted by existing law or jurisprudence, underscores its mandatory nature in that the certification
or by a nonfrivolous argument for extending, cannot be altogether dispensed with or its requirements
modifying, or reversing existing jurisprudence; completely disregarded. It does not thereby interdict
c. The factual contentions have evidentiary support substantial compliance with its provisions under justifiable
or, if specifically so identified, will likely have circumstances. (Cavile v. Heirs of Clarita Cavile, G.R. No.
evidentiary support after availment of the modes 148635, April 1, 2003)
of discovery under these rules; and
d. The denials of factual contentions are warranted Example of substantial compliance
on the evidence or, if specifically so identified, are
reasonably based on belief or a lack of When the interests of the plaintiffs are closely intertwined
information. (Sec. 3, Rule 7, 2019 Amendments to and share a common cause of action such as when the
the Rules of Civil Procedure) plaintiffs are husband and wife and their residence is the
subject property alleged to be conjugal in the petition, the
VERIFICATION signature of one is considered as substantial compliance
with the rules on the filing of certification against forum
How pleadings are verified shopping. (Docena v. Lapesura, G.R. No. 140153, March 28,
2001)
It is verified by an affidavit of an affiant duly authorized to
sign said verification. The authorization of the affiant to act Undertakings of a party under the certification against
on behalf of a party, whether in the form of a secretary’s forum shopping (2007 BAR)
certificate of special power of attorney, should be attached
to the pleading, and shall allege the following attestations: 1. That the party has not commenced or filed any claim
involving the same issues in any court, tribunal, or
1. The allegations in the pleading are true and correct quasi-judicial agency and, to the best of his knowledge,
based on his or her personal knowledge, or based on no such other action or claim is pending;
authentic documents; 2. That if there is such other pending action or claim, a
2. The pleading is not filed to harass, cause unnecessary complete statement of the present status thereof; and
delay, or needlessly increase the cost of litigation; and 3. That if he or she should therefore learn that the same
3. The factual allegations therein have evidentiary or similar action or claim has been filed or is pending,
support or, if specifically so identified, will likewise he or she shall report that fact within five days
have evidentiary support after a reasonable therefrom to the court wherein his aforesaid
opportunity for discovery. complaint or initiatory pleading has been filed. (Sec. 5,
Rule 7, 2019 Amendments to the Rules of Civil
The signature of the affiant shall further serve as a Procedure)
certification of the truthfulness of the allegations in the
pleading. (Sec. 4, Rule 7, 2019 Amendments to the Rules of Defects and their effects
Civil Procedure)
DEFECT EFFECT
NOTE: Pleadings need not be under oath, verified or Non-compliancce It is not curable by mere
accompanied by affidavit, except when so required by law with any of the amendment and shall be a cause
or a rule (Ibid.) requirements on for the dismissal of action, unless
certification otherwise provided, upon motion
CERTIFICATION AGAINST FORUM SHOPPING against forum and after hearing. (Ibid.)


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shopping (2000, party pleading relies for his claims or defenses which need
2006 BAR) to be attached to the complaint. (Sec. 1 Rule 8, 2019
Submission of a It shall constitute indirect Amendments to the Rules of Civil Procedure)
false certification contempt of court, without
prejudice to the corresponding PLEADING AN ACTIONABLE DOCUMENT
administrative and criminal
actions. (Ibid..) Whenever an action or defense is based upon a written
Non-compliance It shall constitute indirect instrument or document:
with any of the contempt of court, without 1. The substance of such instrument or document shall
undertakings prejudice to the corresponding be set forth in the pleading; and
administrative and criminal 2. The original or a copy thereof shall be attached to the
actions. (Sps. Oliveros v. Sison, A.M. pleading as an exhibit, which shall be deemed to be a
NO. RTJ-07-2050, October 29, part of the pleading. (Sec. 7, Rule 8, 2019 Amendments
2008) to the Rules of Civil Procedure)
Commission of 1. If the forum shopping is not
forum shopping considered willful and AFFIRMATIVE DEFENSES
deliberate, the subsequent case
shall be dismissed without A defendant shall raise his or her affirmative defenses in his
prejudice, on the ground of or her answer, which shall be limited to the following
either litis pendentia or res
judicata. A. Under Sec. 5(b), Rule 6, 2019 Revised Rules on Civil
2. If the forum shopping is willful Procedure
and deliberate, both (or all, if
there are more than two) 1. Fraud;
actions shall be dismissed with 2. Statute of Limitations;
prejudice. (Chua v. Metropolitan 3. Release;
Bank & Trust Co., G.R. No. 4. Payment;
182311, August 19, 2009) It shall 5. Illegality;
be a ground for the summary 6. Statute of Frauds;
dismissal of the action, and shall 7. Estoppel;
constitute direct contempt, as 8. Former Recovery;
well as cause for administrative 9. Discharge of Bankruptcy;
sanctions on the party of the 10. Any other matter by way of confession or avoidance;
counsel. (Sec. 5, Rule 7) and

ALLEGATIONS IN A PLEADING NOTE: The court may conduct a summary hearing within
15 calendar days from the filing of the answer. Such
Ultimate facts vs. Evidentiary Facts affirmative defenses shall be resolved by the court within
30 calendar days from the termination of the summary
ULTIMATE FACTS EVIDENTIARY FACTS hearing. (Sec. 12[d], Rule 8, 2019 Amendments to the Rules of
Civil Procedure)
The essential facts of the Those facts which are

claim. A fact is essential if necessary for 11. Grounds for the dismissal of the complaint:
it cannot be stricken out determination of the
without leaving the ultimate facts; they are a. The court has no jurisdiction over the subject
statement of the cause of the premises upon matter;
action inadequate. which conclusions of b. There is another action pending between the
(Tantuico, Jr. v. Republic, ultimate facts are same parties for the same cause; or
204 SCRA 428) based. (Womack v. c. The action is barred by a prior judgment.
Industrial Comm., 168
A fact is essential if it Colo. 364) B. Under Sec. 12, Rule 8 of the 2019 Revised Rules on
Civil Procedure
cannot be stricken out

without leaving the 1. The court has no jurisdiction over the person of the
statement of the cause of defending party;
action insufficient. 2. The venue is improperly laid;
(Ceroferr Realty 3. The plaintiff has no legal capacity to sue;
Corporation v. CA, G.R. 4. That the pleading asserting the claim states no cause
No. 139539, February 5, of action; and
2002) 5. That a condition precedent for filing the claim has not
They are the principal, The details of probative been complied with.
determinate, matter or to the
NOTE: The court shall motu proprio resolve the above
constitutive facts, upon particulars of evidence
affirmative defenses within thirty (30) days from the filing
the existence of which, by which the material of the answer.
the entire cause of action elements are to be
rests. (Ibid) established. Denial of Affirmative Defenses; Prohibitions

Denial of affirmative defenses shall not be the subject of:
NOTE: The allegations of the complaint must be based on 1. Motion for reconsideration;
the ultimate facts, including the evidence on which the 2. Petition for Certiorari;

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3. Petition for Prohibition; and
4. Petition for Mandamus.
If MR is denied - Petition for
NOTE: The order of denial of affirmative defense is an certiorari under Rule 65.
interlocutory order. After judgment, but 1. Motion for New Trial (Rule
before judgment 37)
DEFAULT becomes final and 2. Appeal (Rule 40 or 41)
executory
WHEN A DECLARATION OF DEFAULT IS PROPER (Period of appeal)
(1999, 2000 BAR) After judgment has 1. Petition for Relief from
become final and judgment (Rule 38)
The court has no authority to motu proprio declare the executory 2. Annulment of Judgment (Rule
defendant in default. A motion to declare the defending 47)
party must be filed by the claiming party before a Defendant has He or she may avail of the special
declaration of default is made by the court. The rule is clear, been wrongly or civil action of certiorari under
as Sec. 3 of Rule 9 provides “upon motion of the claiming improvidently Rule 65.
party.” (Riano, 2014) declared in default

Actions of the court after the declaration/order of ACTIONS WHERE DEFAULT IS NOT ALLOWED
default 1. Actions for annulment;
2. Declaration of nullity of marriage;
1. Proceed to render judgment granting the claimant 3. Action for legal separation (Sec. 3[e], Rule 9, 2019
such relief as the pleading may warrant; or Amendments to the Rules of Civil Procedure); and
2. Require the claimant to submit to his evidence ex 4. In special civil actions of certiorari, prohibition and
parte. mandamus, where comment instead of an answer is
required to be filed. (Sec. 6, Rule 65)
NOTE: A judgment by default may be rendered in the
following cases despite an answer having been filed: FILING AND SERVICE OF PLEADINGS, JUDGMENTS,
FINAL ORDERS AND RESOLUTIONS
1. If a disobedient party refuses to obey an order

requiring him to comply with the various modes of
PERIODS OF FILING OF PLEADINGS
discovery (Sec. 3[c], Rule 29, 2019 Amendments to the

Rules of Civil Procedure); or
PERIODS FOR FILING A RESPONSIVE PLEADNG
2. If a party or officer or managing agent of a party
Answer to an Within thirty (30) calendar days after
willfully fails to appear before the officer who is to take
original service of summons, unless a different
his deposition or a party fails to serve answers to
complaint period is fixed by the court. (Sec. 1, Rule
interrogatories. (Sec. 5, Rule 29, 2019 Amendments to
11, 2019 Amendments to the Rules of Civil
the Rules of Civil Procedure)
Procedure)

RELIEF FROM AN ORDER OF DEFAULT
NOTE: When the service of summons is
(2001, 2002 BAR)
made by publication, the period to file an

answer is within sixty (60) calendar
REMEDIES FROM AN ORDER OF DEFAULT
days after notice. (Sec. 16, Rule 14, 2019
After notice of Motion under oath to set aside Amendments to the Rules of Civil
order and before the order of default on the Procedure)
judgment grounds of: Defendant is Within sixty (60) calendar days after
a foreign receipt of summons by the home office of
1. Fraud, accident, mistake or private the foreign private entity. (Sec. 2, Rule 11,
excusable negligence (FAME) juridical 2019 Amendments to the Rules of Civil
and entity Procedure)
2. He or she has meritorious
defense (affidavit of merit). NOTE: Summons is to be served with the
SEC which will then send a copy by
NOTE: “Meritorious defense” registered mail within 10 days to the
means that the motion must be home office of the foreign private
accompanied by a statement of corporation.
evidence which he intends to
Answer to Within thirty (30) calendar days from
present if the motion is granted
amended service of amended complaint. (Sec. 3,
and which is such as to warrant a
complaint Rule 11, 2019 Amendments to the Rules of
reasonable belief that the result
(Matter of Civil Procedure)
of the case would probably be right)
otherwise if a new trial is
Answer to Within fifteen (15) calendar days
granted.
amended counted from notice of the court order

complaint admitting the same. (Sec. 3, Rule 11, 2019

(Not a Amendments to the Rules of Civil
If denied – he or she may move
matter of Procedure)
for reconsideration;
right)

Reply (if Within fifteen (15) calendar days
Grounds: FAME
allowed) counted from the service of the pleading

responded to. (Sec. 6, Rule 11, 2019

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Amendments to the Rules of Civil
Procedure) MANNER OF FILING
Answer to Within twenty (20) calendar days from
Counterclai service. (Sec. 4, Rule 11, 2019 Revised Rules The filing of pleadings and other court submissions shall be
m or cross- on Civil Procedure)
made by:
claim
(Compulsory 1. Submitting personally the original thereof, plainly
or indicated as such, to the court;
Permissive) 2. Sending them by registered mail;
Answer to Like an original defendant – 15, 30, 60 3. Sending them by accredited courier; or
Third days, as the case may be. (Sec. 5, Rule 11)
4. Transmitting them by electronic mail or other
(fourth, etc.) electronic means as may be authorized by the Court
party in places where the court is electronically equipped.
complaint
Answer to Within twenty (20) calendar days from NOTE: The date of electronic transmission shall be
Supplement notice of order admitting the same unless considered as the date of filing. (Sec. 3, Rule 13, 2019
al complaint a different period is fixed by the court. Amendments to the Rules of Civil Procedure)
(Sec. 7, Rule 11, 2019 Revised Rules on Civil
Procedure) MODES OF SERVICE

NOTE: A defendant may, for meritorious reasons, be (PARE-FO)
granted an additional period of not more than 30 calendar 1. Personal service
days to file an answer. A defendant is only allowed to file 1 2. Accredited courier
motion for extension of time to file an answer. 3. Registered mail or
4. Electronic Mail
A motion for extension to file any pleading, other than an 5. Facsimile Transmission; and
answer, is prohibited and considered a mere scrap of paper. 6. Other electronic means (Sec 5, Rule 13)
The court, however, may allow any other pleading to be
filed after the time fixed by the Rules. (Sec. 11, Rule 11, 2019 Summary of the rules on service

MODE OF MANNER WHEN COMPLETE PROOF OF SERVICE
SERVICE
1. Delivering personally a copy to the party or Upon actual delivery. (Sec. 15, 1. Written admission
to the party’s counsel, or to their authorized Rule 13, 2019 Amendments to of the party served;
representative named in the appropriate the Rules of Civil Procedure) 2. Official return of
pleading or motion; or the server; or
2. Leaving it in the counsel’s office with his or 3. Affidavit of the
her clerk or with a person having charge party serving,
thereof; or containing the
Personal 3. If no person is found in his or her office or date, place and
Service his or her office is not known, or he or she manner of service.
has no office, then by leaving the copy (Sec. 17, Rule 13,
between the hours of eight (8) in the 2019 Amendments
morning and six (6) in the evening, at the to the Rules of Civil
party’s or counsel’s residence, if known, Procedure)
with a person of sufficient age and discretion
residing therein. (Sec. 6, Rule 13, 2019
By depositing the copy in the post office in a Upon actual receipt of the 1. Affidavit; and
sealed envelope, plainly addressed to the party addressee or five (5) calendar 2. Registry receipt
or his or her counsel at his or her office, if days from the date he or she issued by the
known, otherwise at his or her residence, if received the first notice to the mailing office (Sec.
(Registered)
known, with postage fully prepaid, and with postmaster, whichever date 17, Rule 13, 2019
Mail
instructions to the postmaster to return the is earlier (Sec. 15, Rule 13, Amendments to the
mail to the sender after ten (10) calendar days 2019 Amendments to the Rules of Civil
if undelivered. (Sec. 7, Rule 13, 2019 Rules of Civil Procedure); or Procedure)
If no registry service is available in the locality Upon expiration of ten (10) 1. Affidavit of mailer
of either the sender or the addressee, service calendar days after mailing, stating the facts
may be done by ordinary mail. (Sec. 7, Rule 13, unless the court otherwise showing
2019 Amendments to the Rules of Civil provides (Sec. 15, Rule 13, compliance with
Procedure) 2019 Amendments to the Sec. 7 of Rule 11;
(Ordinary)
Rules of Civil Procedure) and
Mail
2. Registry receipt
issued by the
mailing officer
(Sec. 17, Rule 13,
2019 Amendments

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
to the Rules of Civil
Procedure)
1. By Electronic Means - made by sending an e- 1. Electronic Service – at the Affidavit of service by
mail to the party’s or counsel’s electronic mail time of the electronic the person sending
address, or through other electronic means of transmission of the the e-mail, facsimile,
transmission as the parties may agree on, or document or when or other electronic
upon direction of the court. available, at the time that transmission,
2. By Facsimile – made by sending a facsimile the electronic notification together with printed
copy to the party’s or counsel’s given of service of the document proof of transmittal.
facsimile number. is sent; (Sec. 17, Rule 13, 2019
Electronic
Amendments to the
Mail,
NOTE: Service by electronic means and NOTE: It is not effective if the Rules of Civil
Facsimile
facsimile shall be made if the party concerned party serving the document Procedure)
Other
consents to such modes of service. learns that it did not reach
Electronic
the addressee or person to
Means
be served.

2.Facsimile – upon receipt by
other party as indicated in
the facsimile printout (Sec.
15, Rule 13, 2019
Amendments to the Rules of
Civil Procedure);
When a party summoned by publication has
failed to appear in the action, judgments, final
Publication orders or resolutions against him shall be
served upon him also by publication at the
expense of the prevailing party.
If service of pleadings, motions, notices, The service is complete at the
resolutions, orders and other papers cannot be time of such delivery. (Sec. 8,
made through personal service or by mail the Rule 13, 2019 Amendments to
office and place of residence of the party or his the Rules of Civil Procedure)
Substituted
or her counsel being unknown, service may be
Service
made by delivering the copy to the clerk of
court, with proof of failure of both personal
service and service by mail. (Sec. 8, Rule 13,
2019 Revised Rules on Civil Procedure)

AMENDMENT amended (Sec. 3, Rule 10, 2019 Amendments to the

Rules of Civil Procedure); or
AMENDMENTS AS A MATTER OF RIGHT 4. The cause of action or defense is substantially altered.
(2005, 2008 BAR) (Guiang v. Nadayag, G.R. No. 82630, September 30,
1992)
Amendment is considered as a matter of right: NOTE: An action of the court whether to grant or refuse
1. Once, at any time before a responsive pleading is leave must be made upon motion, and after notice to the
served; or adverse party, and an opportunity to be heard. (Sec. 3, Rule
2. In the case of a reply, at any time within ten (10) 10, 2019 Amendments to the Rules of Civil Procedure)
calendar days after it is served. (Sec. 2, Rule 10, 2019
Amendments to the Rules of Civil Procedure) EFFECT OF AMENDED PLEADING

If the court refuses to admit an amended pleading when its An amended pleading supersedes the pleading it amends.
exercise is a matter of right, such error is correctible by However, admissions in the superseded pleading can still be
mandamus. (Alpine Lending Investors vs. Corpuz, G.R. No. offered in evidence against the pleader. Claims or defenses
157107, November 24, 2006) alleged therein but not incorporated or reiterated in the
amended pleading are deemed waived. (Sec. 8, Rule 10, 2019
AMENDMENTS BY LEAVE OF COURT Amendments to the Rules of Civil Procedure)

Amendments by leave of court (2003 BAR) Effect of amended pleading on the admissions in the
original pleading
1. If the amendment is substantial (Sec. 3, Rule 10); or
2. A responsive pleading had already been served They cease to be judicial admissions. Thus, they are to be
(Siasoco v. CA, G.R. No. 132753, February 15, 1999) considered as extrajudicial admissions and may be proved
by the party relying thereon by formal offer in evidence of
When refusal of leave of court to amend is allowed such original pleading. (Ching v. CA, G.R. No. 110844, April
27, 2000)
1. The motion is made to delay the action;
2. The motion is made to confer jurisdiction on the court; AMENDED PLEADING vs. SUPPLEMENTAL PLEADING
3. When it appears to the court that the pleading stated
no cause of action from the beginning which could be

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
AMENDED SUPPLEMENTAL Summons is served by any of the following means: (SEPS)
PLEADING PLEADING
Refers to the facts existing Refers to facts occurring 1. Service in person on defendant;
at the time of filing of after the filing of the 2. Extraterritorial service;
original pleading.
original pleading. 3. Service by publication; or
Supersedes the original. Merely supplements the 4. Substituted service.
original pleading.

May be amended without Always with leave of court. WHO MAY SERVE SUMMONS
leave of court before a
responsive pleading is The summons may be served by the:
filed.
1. Sheriff;
It has retroactive It sets forth transactions, 2. Deputy of the sheriff;
application. occurrences or events 3. Other proper court officer; or
which have happened since 4. Plaintiff, provided:
the date of the pleading
sought to be a. There must be failure of service of summons by
supplemented. the sheriff or his deputy;
Amendment must be There is no such b. Authorized by the court;
appropriately marked. requirement in c. The summons is to be served outside the judicial
supplemental pleadings. region of the court where the case is pending.
(Herrera, 2007) (Sec. 3, Rule 14, 2019 Amendments to the Rules of
Civil Procedure)

SUMMONS
PERSONAL SERVICE

Summons in relation to actions in personam, in rem and
How effected
quasi in rem

1. By handing a copy of the summons to the defendant in
1. Action in personam –
person, and informing the defendant that he or she is
a. To acquire jurisdiction over the person of the
being served; or
defendant; and
2. If he or she refuses to receive and sign for it, by leaving
b. To give notice to the defendant that an action has
the summons within the view and in the presence of the
been commenced against him (Umandap v. Sabio,
defendant. (Sec. 5, Rule 14, 2019 Amendments to the Rules
Jr., G.R. No. 140244, August 29, 2000)
of Civil Procedure; Spouses Manuel v. Ong, G.R. No. 205249,

October 14, 2014, as penned by J. Leonen)
2. Actions in rem and quasi in rem – not to acquire

jurisdiction over the defendant but mainly to satisfy
SUBSTITUTED SERVICE
the constitutional requirement of due process

(Gomez v. CA, G.R. No. 127692, March 10, 2004)
When allowed

When summons are issued
It is allowed if, for justifiable causes, the defendant cannot

be served personally after at least 3 attempts on 2 different
GR: The court shall, within five (5) calendar days from
dates. (Sec. 6, Rule 14, 2019 Amendments to the Rules of Civil
receipt of the initiatory pleading and proof of payment of
Procedure)
the requisite legal fees, direct the clerk of court issue the

corresponding summons to the defendants. (Sec. 1, Rule 14, How effected
2019 Amendments to the Rules of Civil Procedure)

1. By leaving copies of the summons at the defendant's
Alias summons
residence to a person at least 18 years of age and of

sufficient discretion residing therein;
The only time that alias summons may be issued by the
2. By leaving copies of the summons at the defendant's
court is when summons has been lost or destroyed. The
office or regular place of business with some competent
issuance is upon motion. (Sec. 4, Rule 14, 2019 Amendments person in charge thereof. A competent person includes,
to the Rules of Civil Procedure)
but is not limited to, one who customarily receives

correspondences for the defendant;
Summons shall remain valid until duly served. (Ibid.)
3. By leaving copies of the summons, if refused entry upon

making his or her authority and purpose known, with
VOLUNTARY APPEARANCE
any of the officers of the homeowners’ association or
condominium corporation, or its chief security officer in
The defendant’s voluntary appearance shall be equivalent charge of the community or the building where the
to service of summons. The inclusion in a motion to dismiss
defendant may be found; and
of other grounds aside from lack of jurisdiction over the
4. By sending an electronic mail to the defendant’s
person of the defendant shall be deemed a voluntary
electronic mail address, if allowed by the court. (Ibid.)
appearance. (Sec. 23, Rule 14, 2019 Amendments to the Rules

of Civil Procedure)
CONSTRUCTIVE SERVICE

NOTE: Voluntary appearance cures the defect in the service SUMMONS BY PUBLICATION
of summons. (Sy v. Fairland Knitcraft Co., Inc, G.R. No.

182915, December 12, 2011)
Within ninety (90) calendar days from the commencement

of action, service may, by leave of court, be effected upon
HOW SUMMONS IS SERVED
him or her by publication in the following situations:

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1. The identity of the defendant is unknown; Non-litigious Motions
2. The whereabouts of the defendants are unknown and
cannot be ascertained by diligent inquiry; (Sec. 16, Rule Motions which the court may act upon without prejudicing
14, Rules of Court 2020) the rights of adverse parties. These motions shall not be set
3. The defendant is a resident of the Philippines but is for hearing and shall be resolved by the court within 5
temporarily out of the country; or calendar days from receipt thereof. (Sec. 4, Rule 15, 2019
4. In case the defendant does not reside and cannot be Amendments to the Rules of Civil Procedure)
found in the Philippines, the remedy of the plaintiff in
order to acquire jurisdiction to try the case is to Non-litigious motions include:
convert the action into a proceeding in rem or quasi in 1. Motion for the issuance of an alias summons;
rem by attaching the property of the defendant. 2. Motion for extension to file answer;
(Philippine Commercial International Bank v. 3. Motion for postponement;
Alejandro, G.R. No. 175587, September 21, 2007) 4. Motion for the issuance of a writ of execution;
5. Motion for the issuance of an alias writ of execution;
NOTE: Those enumerated from 1 to 3 applies to any 6. Motion for the issuance of an order directing the sheriff
action, which necessarily includes personal action. to execute the final certificate of sale; and
(Riano, 2014) 7. Other similar motions. (Ibid)

Summons by publication may be made only with leave NOTE: They are usually permissible in procedural matters
of court. and also in situations and under circumstances of
emergency; and an exception to a rule requiring notice is
EXTRATERRITORIAL SERVICE, sometimes made where notice of the resulting delay might
WHEN ALLOWED tend to defeat the objective of the motion. (Sarmiento v.
Zaratan, G.R No. 167471, February 5, 2007)
Requisites of extra-territorial service of summons
(2009 BAR) OMNIBUS MOTION RULE

1. The defendant is nonresident; GR: The omnibus motion rule requires that a motion that
2. He or she is not found in the Philippines; and attacks a pleading, order, judgment, or proceeding should
3. The action against him is either in rem or quasi in rem. be invoked at one time; otherwise, they shall be deemed
waived. (Sec. 9, Rule 15) (2010 BAR)
NOTE: There is no extraterritorial service of summons in an
action in personam. Hence, extraterritorial service upon a XPNs:
nonresident in an action for injunction which is in personam 1. Lack of jurisdiction over the subject matter;
is not proper. (Kawasaki Port Service Corp. vs. Amores, G.R. 2. Litis pendentia;
No. 58340, July 16, 1991; Banco Do Brasil vs. CA, G.R. No. 3. Res judicata; and
121576-78, June 16, 2000) 4. Prescription. (Sec. 1, Rule 9)

MOTIONS PROHIBITED MOTIONS

LITIGIOUS AND NON- LITIGIOUS MOTIONS The following motions shall not be allowed:
Litigious Motions
1. Motion to dismiss
Litigious motions include:
1. Motion for bill of particulars; XPNs (Grounds):
2. Motion to dismiss; a. That the court has no jurisdiction over the
3. Motion for new trial; subject matter of the claim;
4. Motion for reconsideration; b. That there is another action pending between
5. Motion for execution pending appeal; the same parties for the same cause; and
6. Motion to amend after a responsive pleading has been c. That the cause of action is barred by a prior
filed; judgment or by the statute of limitations;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for writ of NOTE: The 2019 Amendments to the Rules of Civil
demolition; Procedure deleted the entire Rule on Motion to
9. Motion for intervention; Dismiss. Thus, motions to dismiss are now
10. Motion for judgment on the pleadings; generally prohibited, except the grounds provided
11. Motion for summary judgment; herein.
12. Demurrer to evidence;
13. Motion to declare defendant in default; and Aside from the allowed motion to dismiss on the
14. Other similar motions. (Sec. 5[a], Rule 15, 2019 grounds enumerated under Sec. 12(a), Rule 15,
Amendments to the Rules of Civil Procedure) there are also other grounds for dismissal of
actions, such as that in Rule 17 (upon notice by
Hearing on litigious motions; discretionary plaintiff; upon motion of plaintiff; due to fault of
plaintiff) and that in Rule 33 (Demurrer to
The court may, in the exercise of its discretion, and if evidence, which is, in effect, a motion to dismiss).
deemed necessary for its resolution, call a hearing on the
motion. Notice of hearing shall be addressed to all parties 2. Motion to hear affirmative defenses
concerned and shall specify date and time of hearing. (Sec.
6, Rule 15, 2019 Amendments to the Rules of Civil Procedure) REASON: The court shall motu proprio resolve the
affirmative defenses within 30 calendar days from the

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filing of the answer. (Sec. 12[b], Rule 8, 2019
Amendments to the Rules of Civil Procedure); XPNs: If it is based on:

NOTE: As to affirmative defenses under Sec. 5(b), Rule 1. Acts of God;
6, the court may conduct a summary hearing. 2. Force majeure; or
3. Physical inability of the witness to appear and
3. Motion for reconsideration of the court’s action on the testify.
affirmative defenses
NOTE: If the motion is granted based on such
NOTE: Affirmative defenses, if denied, shall not be exceptions, the moving party shall be warned that the
the subject of a motion for reconsideration or petition presentation of its evidence must still be terminated on
for certiorari, prohibition or mandamus, but may be the dates previously agreed upon. (Sec. 12, Rule 15,
among the matters to be raised on appeal after a 2019 Amendments to the Rules of Civil Procedure)
judgment on the merits. (Sec. 12[e], Rule 8, 2019
Amendments to the Rules of Civil Procedure);

4. Motion to suspend proceedings without a temporary
restraining order or injunction issued by a higher court;
5. Motion for extension of time to file pleadings, affidavits
or any other papers;

XPN: A motion for extension to file an answer as
provided by Section 11, Rule 11; and

6. Motion for postponement intended for delay;

DISMISSAL OF ACTIONS

DISMISSAL UPON NOTICE BY THE DISMISSAL UPON MOTION DISMISSAL DUE TO THE FAULT OF
PLAINTIFF; TWO-DISMISSAL RULE OF PLAINTIFF; EFFECT ON PLAINTIFF
EXISTING COUNTERCLAIM
A complaint may be dismissed by the plaintiff by After service of the answer or 1. If, for no justifiable cause, the
filing a notice of dismissal at any time before a motion for summary plaintiff fails to appear on the date
service of the answer or of a motion for judgment by the adverse of the presentation of his evidence
summary judgment. Upon such notice being party. (Sec. 2, Rule 17) (2010 in chief on the complaint
filed, the court shall issue an order confirming BAR) 2. If the plaintiff fails to prosecute his
the dismissal. Unless otherwise stated in the action for an unreasonable length
notice, the dismissal is without prejudice, except of time (nolle prosequi)
that a notice operates as adjudication upon the 3. If the plaintiff fails to comply with
merits when filed by a plaintiff who has once the Rules or any order of the court
dismissed in a competent court an action based (Sec. 3, Rule 17) (2008 BAR)
on or including the same claim. (Sec. 1, Rule 17)
NOTE: The plaintiff’s failure to appear
at the trial after he has presented his
evidence and rested his case does not
warrant the dismissal of the case on
the ground of failure to prosecute. It is
merely a waiver of his right to cross-
examine and to object to the
admissibility of evidence.
It is a matter of right. A matter of discretion upon Matter of evidence.
the court. A complaint shall
GR: A dismissal without prejudice i.e. the not be dismissed at the GR: Dismissal is with prejudice
complaint can be re-filed plaintiff's instance save upon because it has an effect of an
approval of the court and adjudication on the merits.
XPNs: upon such terms and
1. The notice of dismissal by the plaintiff conditions as the court XPN: Unless otherwise declared by the
provides that the dismissal is with deems proper. (Sec. 2, Rule court. (Sec. 3, Rule 17)
prejudice; or 17) (2010 BAR)
2. The plaintiff has once dismissed in a
competent court an action based on or GR: It is a dismissal without
including the same claim (Two-Dismissal prejudice.
Rule) (Sec. 1, Rule 17).
3. Even where the notice of dismissal does not XPN: If the order of dismissal
provide that it is with prejudice but it is specifies that it is with
premised on the fact of payment by the prejudice. (Sec. 2, Rule 17)
defendant of the claim involved (Serrano v.
Cabrera, G.R. No. L-5189, September 21, NOTE: A class suit shall not
1953) be dismissed or


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NOTE: The dismissal as a matter of right ceases compromised without the
when an answer or a motion for summary approval of the court.
judgment is served on the plaintiff and not when
the answer or motion is filed with the court. If a counterclaim has been
Thus, if a notice of dismissal is filed by the pleaded by a defendant prior
plaintiff even after an answer has been filed in to the service upon him of the
court but before the responsive pleading has plaintiff's motion for
been served on the plaintiff, the notice of dismissal, the dismissal shall
dismissal is still a matter of right. be limited to the complaint.
Since there is no answer yet filed by the adverse GR: It is without prejudice to Dismissal upon motion of the
party, no counterclaim is recoverable. the right of defendant to defendant or upon the court's own
prosecute his counterclaim motion is without prejudice to the right
in a separate action. of the defendant to prosecute his
counterclaim on the same or separate
XPN: Unless within fifteen action.
(15) calendar days from
notice of the motion he
manifests his preference to
have his counterclaim
resolved in the same action.

TWO-DISMISSAL RULE APPEARANCE OF PARTIES;
EFFECT OF FAILURE TO APPEAR
The second notice of dismissal will bar the refiling of the
action because it will operate as an adjudication of the claim Appearance of parties at pre-trial, CAM and ADR
upon the merits.
Both the parties and their counsel must appear. The non-
It applies when the plaintiff has: appearance of a party and counsel may be excused only for
1. Twice dismissed the actions; acts of God, force majeure or duly substantiated physical
2. Based on or including the same claim; and inability. (Sec. 4, Rule 18, 2019 Revised Rules on Civil
3. In a court of competent jurisdiction (Riano, 2014) Procedure)

NOTE: Rule 17 governs dismissal of actions at the instance Failure to appear during pre-trial when duly notified
of the plaintiff. Hence, the “two-dismissal rule” under Sec. 1,
Rule 17 will not apply if the prior dismissal was done at the 1. Plaintiff’s and counsel’s failure to appear without
instance of the defendant. (Ramon Ching and Powing valid cause - shall be a cause for the dismissal of the
Properties, Inc. v. Cheng, G.R. No. 175507, October 8, 2014, as action, with prejudice, unless otherwise ordered by the
penned by J. Leonen) court.

EFFECT ON EXISTING COUNTERCLAIM NOTE: The plaintiff’s remedies from the order of
dismissal include:
1. If a counterclaim has already been pleaded by the
defendant prior to the service upon him or her of the a. Appeal; or
plaintiff’s motion to dismiss, and the court grants the b. Re-filing of the complaint, if the order of
said motion to dismiss, the dismissal shall be limited to dismissal is without prejudice (Sec. 1 [g], Rule
the complaint since it does not carry with it the 41)
dismissal of the counterclaim. (Sec. 2, Rule 17)
2. Defendant’s and counsel’s non-attendance - shall be a
NOTE: The nature of the counterclaim cause to allow the plaintiff to present his or her
notwithstanding, the dismissal of the complaint does evidence ex parte, within ten (10) calendar days from
not ipso jure result in the dismissal of the counterclaim, termination of the pre-trial, and the court to render
and the latter may remain for independent adjudication judgment on the basis of the evidence offered (Sec. 5,
of the court, provided that such counterclaim, states a Rule 18, 2019 Amendments to the Rules of Civil
sufficient cause of action and does not labor under any Procedure)
infirmity that may warrant its outright dismissal. (Dio
v. Subic Bay Marine Exploratorium, Inc., G.R. No. 189532, NOTE: The defendant may move for the
June 11, 2014) reconsideration of the order and if the denial is tainted
with grave abuse of discretion, he may file a petition for
2. The defendant, if he or she so desires, may prosecute certiorari.
his or her counterclaim either in a separate action or in
the same action. Should he or she choose to have his When non-appearance of a party in a pre-trial
counterclaim resolved in the same action, he or she conference excused
must notify the court of his preference within 15 days
from notice of the plaintiff’s motion to dismiss. (Sec. 2, 1. If a valid cause is shown therefore; or
Rule 17) 2. If a representative shall appear on behalf of a party fully
authorized in writing to:
PRE-TRIAL
a. Enter into an amicable settlement;

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b. Submit to alternative modes of dispute resolution; 3. Intervention will not unduly delay or prejudice the
and adjudication of the rights of original parties; and
c. Enter into stipulations or admissions of facts and of 4. Intervenor’s rights may not be fully protected in a
documents (Sec. 4, Rule 18, 2020 Revised Rules on separate proceeding. (Mabayo Farms, Inc. v. CA, G.R. No.
Civil Procedure) 140058, August 1, 2002)

PRE-TRIAL BRIEF; Intervention may be allowed after judgment has been
EFFECT OF FAILURE TO FILE rendered by the court

Effect of Failure to file a Pre-trial Brief GR: After rendition of judgment, a motion to intervene is
barred, even if the judgment itself recognizes the right of the
It shall have the same effect as failure to appear at the pre- movant. The motion to intervene must be filed at any time
trial. (Section 6, Rule 18, 2019 amendments to the Rules of before rendition of judgment by the trial court. (Sec. 2, Rule
Civil Procedure) 19) Hence, intervention after trial and decision can no
longer be permitted. (Yau v. Manila Banking Corporation,
1. If plaintiff fails to file a pre-trial brief - such failure G.R. No. 126731, July 11, 2002)
shall be a cause for dismissal of the action;
2. If defendant fails to do so - such failure shall be a cause XPNs: Although Rule 19 is explicit on the period when a
to allow the plaintiff to present his evidence ex parte. motion to intervene may be filed, the Supreme Court
allowed exceptions in several cases (Rodriguez v. CA, G.R.
NOTE: The dismissal of the complaint for failure to file pre- No. 184589, June 13, 2013), such as:
trial brief is discretionary on the part of the trial court.
(Ramos v. Spouses Lavendia, G.R. No. 176706, October 8, 1. With respect to indispensable parties, intervention may
2008) be allowed even on appeal (Falcasantos v. Falcasantos,
G.R. No. L-4627, May 13, 1952); and
PRE-TRIAL ORDER 2. When the intervenor is the Republic (Lim v. Pacquing,
G.R. No. 115044, January 27, 1995);
Postponement of presentation of the parties’ witnesses
NOTE: Prescription does not lie against the State. The
GR: Prohibited. State is not estopped by the inaction or mistakes of its
XPNs: agents.
1. Acts of God;
2. Force majeure; or 1. Where necessary to protect some interest which
3. Physical inability of the witness to appear and cannot otherwise be protected, and for the purpose
testify of preserving the intervenor’s right to appeal
(Pinlac v. CA, G.R. No. 91486, September 10, 2003);
The party who caused the postponement is warned that the or
presentation of its evidence must still be terminated within 2. May be allowed during the pendency of the appeal,
the remaining dates previously agreed upon. (Ibid.) where the interest of justice so requires. (Tahanan
Dev. Corp. v. CA, G.R. No. L-55771, November 15,
Should the opposing party fail to appear without valid 1982)
cause, the presentation of the scheduled witness will
proceed with the absent party being deemed to have waived The allowance or disallowance of a motion for intervention
the right to interpose objection and conduct cross- rests on the sound discretion of the court after
examination. (Ibid.) consideration of the appropriate circumstances. The rule on
intervention is a rule of procedure in which the subject is to
INTERVENTION make the powers of the court fully and completely available
for justice. Its purpose is not to hinder or delay, but to
REQUISITES FOR INTERVENTION facilitate and promote the administration of justice.”

1. There must be a motion for intervention filed before SUBPOENA
rendition of judgment by the trial court (Sec. 1, Rule 19);
ISSUANCE OF SUBPOENA
NOTE: A motion is necessary because leave of court is
required before a person may be allowed to intervene. The subpoena may be issued by any of the following:
(Sec. 1, Rule 19)
1. The court before whom the witness is required to
2. The movant must show in his or her motion that he or attend;
she: 2. The court of the place where the deposition is to be
taken;
a. Has an immediate legal interest in the matter in 3. The officer or body authorized by law to do so in
controversy, not merely contingent; connection with investigations conducted by said
b. Has legal interest in the success of either of the officer or body; or
parties in the action; 4. Any Justice of the SC or of the CA in any case or
c. Has legal interest against both parties; or investigation pending within the Philippines. (Sec. 2,
d. Is so situated as to be adversely affected by a Rule 21, 2019 Amendments to the Rules of Civil
distribution or other disposition of the property in Procedure)
the custody of the court or of an officer thereof (Sec. COMPELLING ATTENDANCE OF WITNESSES;
1, Rule 19) (2000 BAR); CONTEMPT


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Effect of failure to comply with subpoena QUASHING OF SUBPOENA

GR: The court or judge which issued the subpoena, upon Grounds for quashal of subpoena
proof of the service thereof and of the failure of the witness,
may issue a warrant for the arrest of the witness and Subpoena duces tecum:
require him or her to pay the cost of such warrant and
seizure, if the court should determine that his disobedience Upon motion promptly made and, in any event, at or before
was willful and without just cause. the time specified therein:

The refusal to obey a subpoena without adequate cause 1. If it is unreasonable and oppressive;
shall be deemed contempt of the court issuing it. If the 2. The relevancy of the books, documents or things does
subpoena was not issued by a court, disobedience thereto not appear;
shall be punished in accordance with the applicable law or 3. If the person in whose behalf the subpoena is issued
Rule. (Secs. 8 and 9, Rule 21, 2019 Amendments to the Rules fails to advance the reasonable cost of the production
of Civil Procedure) thereof (Sec. 4, Rule 21;) or
4. That the witness fees and kilometrage allowed by the
XPNs: Rules were not tendered when the subpoena was
1. Viatory right – where the witness resides more than served.
100 kms. from his or her residence to the place where
he or she is to testify by the ordinary course of travel; Subpoena ad testificandum:
or
2. When the permission of the court in which the 1. That the witness is not bound thereby; or
detention prisoner’s case is pending was not obtained. 2. That the witness fees and kilometrage allowed by the
(Sec. 10, Rule 21, 2019 Amendments to the Rules of Civil Rules were not tendered when the subpoena was
Procedure) (2009 BAR) served. (Sec. 4, Rule 21)

MODES OF DISCOVERY

MODES OF DISCOVERY (2000 BAR)
Deposition Pending Upon ex parte motion of a party, the testimony of any person, whether a party or not, may be
Action taken by deposition upon oral examination or written interrogatories. The attendance of
(Rule 23) witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall
be taken only in accordance with these Rules. The deposition of a person confined in prison may
be taken only by leave of court on such terms as the court prescribes.
Depositions before action A person who desires to perpetuate his or her own testimony or that of another person regarding
or pending appeal any matter that may be cognizable in any court of the Philippines, may file a verified petition in
(Rule 24) the court of the place of the residence of any expected adverse party.
Written interrogatories Upon ex parte motion, any party desiring to elicit material and relevant facts from any adverse
to adverse parties party shall file and serve upon the latter written interrogatories to be answered by the party
(Rule 25) served or, if the party served is a public or private corporation or a partnership or association,
by any officer thereof competent to testify in its behalf.
Admission by adverse At any time after issues have been joined, a party may file and serve upon any other party a
party written request for the admission by the latter of the genuineness of any material and relevant
(Rule 26) document or of the truth of any material and relevant matter of fact.
Production or inspection Upon motion of any party showing good cause therefor, the court in which an action is pending
of documents or things may order any party to produce and permit the inspection and copying of any designated
(Rule 27) documents or order any party to permit entry upon designated land or other property in his
possession or control for the purpose of inspecting or photographing the property or any
designated relevant object or operation thereon. (2002, 2009 BAR)
Physical and mental In an action in which the mental or physical condition of a party is in controversy, the court in
examination of persons. which the action is pending may in its discretion order him or her to submit to a physical or
(Rule 28) mental examination by a physician. (2005 BAR)

DEPOSITIONS PENDING ACTION; DEPOSITIONS it may be applied suppletorily in criminal proceedings so
BEFORE ACTION OR PENDING APPEAL long as there is compelling reason.

Q: May the testimony of a prosecution witness, who is Effect of taking depositions
imprisoned in a foreign country due to drug-trafficking
charges, against her illegal recruiters be taken by way A party shall not be deemed to make a person his or her
of deposition by written interrogatories? own witness for any purpose by taking his or her
deposition. (Sec. 7, Rule 23, 2019 Amendments to the Revised
A: YES. In People v. Sergio (G.R. No. 240053, October 9, 2019), Rules of Civil Procedure)
the Supreme Court permitted the taking of the testimony of
Mary Jane Veloso, who is presently imprisoned in Effect of using depositions
Indonesia, by way of deposition of written interrogatories.
Although the rule on deposition by written interrogatories GR: The introduction in evidence of the deposition, or any
is inscribed under Rule 23 of the Rules on Civil Procedure, part thereof, makes the deponent the witness of the party
introducing the deposition. (Sec. 8, Rule 23)

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XPN: Introduction of deposition does not make the 7. Refuse to allow the disobedient party to support or
deponent his or her witness: oppose claims or defenses;
8. Strike out all or any part of the pleading of the
1. If the deposition is used for impeaching or disobedient party;
contradicting the deponent (Sec. 8, Rule 23); or 9. Stay further proceedings until order is obeyed; or
2. If the adverse party uses the deposition of the other 10. Order the arrest of the refusing party.
party (Sec. 4[b], Rule 23). REFUSAL TO PRODUCE DOCUMENT OR THING FOR
INSPECTION, COPYING OR PHOTOGRAPHING
WRITTEN INTERROGATORIES 1. Designated facts shall be taken to be established for
TO ADVERSE PARTIES the purposes of the action in accordance with the
claim of the party obtaining the order;
EFFECT OF FAILURE TO SERVE WRITTEN 2. Refuse to allow the disobedient party to support or
INTERROGATORIES oppose claims or defenses;
3. Strike out all or any part of the pleading of the
GR: A party not served with written interrogatories may not disobedient party;
be compelled by the adverse party to give testimony in open 4. Dismiss the action or the proceeding;
court, or to give a deposition pending appeal. 5. Render a Judgment by default against the
disobedient party;
XPN: When allowed by the court and there is good cause 6. Stay further proceedings until order is obeyed;
shown and the same is necessary to prevent a failure of 7. Render a Judgment by default against the
justice. (Sec. 6, Rule 25) disobedient party; or
8. Order the arrest of the refusing party.
REQUEST FOR ADMISSION REFUSAL TO SUBMIT TO
PHYSICAL OR MENTAL EXAMINATION
Matters requested to be admitted by the adverse party 1. Designated facts shall be taken to be established for
the purposes of the action in accordance with the
1. Genuineness of any material and relevant document claim of the party obtaining the order;
described in and exhibited with the request; or 2. Prohibit the disobedient party to introduce
2. Truth of any material and relevant matter of fact set evidence of physical and mental conditions;
forth in the request. (Sec. 1, Rule 26) 3. Strike out all or any part of the pleading of the
disobedient party;
The answer to a request for admission properly served 4. Dismiss the action or the proceeding;
which was signed and sworn to by the counsel of the party 5. Render a Judgment by default against the
so requested is sufficient compliance with this rule, disobedient party;
especially in the light of counsel’s authority under Secs. 21 6. Stay further proceedings until order is obeyed; or
and 23, Rule 138. (Nestle Philippines, Inc. v. CA, G.R. No. 7. Render a Judgment by default against the
102404, February 1, 2002) disobedient party.
REFUSAL TO THE REQUEST FOR
IMPLIED ADMISSION BY ADVERSE PARTY; ADMISSION BY ADVERSE PARTY
CONSEQUENCES OF FAILURE TO ANSWER REQUEST 1. Require payment of reasonable fees incurred by the
FOR ADMISSION proponent (Secs. 1-4, Rule 26); and
2. Each of the matters of which an admission is
GR: Each of the matters of which an admission is requested requested is deemed admitted (Sec. 5, Rule 26).
shall be deemed admitted.
NOTE: The remedy of the party, in this case, is to file a
XPN: The request for admission must be served directly motion to be relieved of the consequences of the implied
upon the party; otherwise, the party to whom the request is admission. The amendment of the complaint per se
directed cannot be deemed to have admitted the cannot set aside the legal effects of the request for
genuineness of any relevant document described in and admission since its materiality has not been affected by
exhibited with the request or relevant matters of fact set the amendment.
forth therein on account of failure to answer the request for
admission. (Briboneria v. CA, G.R. No. 101682, December 14,
TRIAL
1992)

CONSEQUENCES OF REFUSAL TO COMPLY REQUISITES OF MOTION TO POSTPONE TRIAL
WITH MODES OF DISCOVERY
FOR ABSENCE OF EVIDENCE

REFUSAL TO ANSWER ANY QUESTION
A motion to postpone trial for absence of evidence has been
UPON ORAL EXAMINATION
deleted under the 2019 Revised Rules on Civil Procedure.
1. Order to compel an answer;

2. Contempt;
NOTE: Motion for postponement shall only be allowed if it
3. Require payment of reasonable fees incurred by
is based on acts of God, force majeure, or physical inability
the proponent;
of the witness to appear and testify. (Sec. 12, Rule 15, 2019
4. Designated facts shall be taken to be established
Amendments to the Rules on Civil Procedure)
for the purposes of the action in accordance with

the claim of the party obtaining the order.
FOR ILLNESS OF PARTY OR COUNSEL
5. Dismiss the action or the proceeding;

6. Render a Judgment by default against the
1. A motion for postponement must be filed;
disobedient party;
2. The motion must be supported by an affidavit or sworn
certification showing:

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a. The presence of the party or counsel at the trial is 3. An order denying a demurrer to evidence is not
indispensable; and appealable because it is interlocutory;
b. That the character of his or her illness is such as to
render his or her non-attendance excusable. (Sec. 3, WAIVER OF RIGHT TO PRESENT EVIDENCE
Rule 30, 2019 Amendments to the Rules on Civil
Procedure) If the demurrer is granted but on appeal the order of
dismissal is reversed, the defendant is deemed to have
DEMURRER TO EVIDENCE waived his or her right to present evidence. (Sec.1, Rule 33,
2019 Amendments to the Rules on Civil Procedure)
When to file demurrer to evidence
MOTION FOR DEMURRER
MOTION FOR DEMURRER
After the plaintiff has completed the presentation of his or GRANTED BUT
DENIED
her evidence, the defendant may move for dismissal on the REVERSED ON APPEAL
ground that upon the facts and the law the plaintiff has Denial is interlocutory, Order of the court is
shown no right to relief. (Sec 1, Rule 33, 2019 Amendments hence, not appealable. Sec. adjudication on the merits.
to the Rules on Civil Procedure) 1, Rule 36 (that judgment Hence, the requirement in
should state clearly and Sec. 1, Rule 36 should be
Effect of denial distinctly the facts and the complied with.
law on which it is based),
1. The defendant shall have the right to present his or her will not apply.
evidence. (Sec. 1, Rule 33) This means that the denial of
the demurrer to evidence does not deprive the ACTION ON DEMURRER TO EVIDENCE
defendant the opportunity to adduce evidence in his
behalf; The order denying the demurrer to evidence shall not be
2. The court shall set the date for the reception of the subject of an appeal or petition for certiorari, prohibition or
defendant’s evidence-in-chief. It should not proceed to mandamus before judgment. (Sec. 2, Rule 33, 2019
grant the relief demanded by the plaintiff (Northwest Amendments to the Rules on Civil Procedure)
Airlines, Inc. v.CA, G.R. No. 112573, February 9, 1995);

DEMURRER TO EVIDENCE IN A CIVIL CASE vs. DEMURRER TO EVIDENCE IN A CRIMINAL CASE
(1991, 1996, 2001, 2003, 2007 BAR)

CIVIL CASE CRIMINAL CASE
How filed After the plaintiff has completed the The court may dismiss the action on the ground of
presentation of his or her evidence, the insufficiency of evidence (1) On its own initiative after
defendant may move for dismissal on the giving the prosecution the opportunity to be heard or (2)
ground that upon the facts and the law the Upon demurrer to evidence filed by the accused with or
plaintiff has shown no right to relief. (Sec. 1, without leave of court. (Sec. 23, Rule 119)
Rule 33)
Leave of court Not required With or Without (Sec. 23, Rule 119)
If granted The plaintiff may appeal from the order of The plaintiff cannot make an appeal from the order of
dismissal of the case. (Sec. 1, Rule 33) dismissal due to the constitutional prohibition against
double jeopardy.
If denied The defendant may proceed to adduce his The defendant may adduce his evidence only if the
evidence. demurrer is filed with leave of court.

If there was no leave of court, accused can no longer
present his evidence and submits the case for decision
based on the prosecution’s evidence. (Sec. 23, Rule 119)
If the plaintiff If plaintiff appeals and judgment is reversed If the court finds the prosecution’s evidence insufficient,
appeals from the by the appellate court, it will decide the case it will grant the demurrer by rendering judgment
order of on the basis of the plaintiff’s evidence with acquitting the accused. Judgment of acquittal is not
dismissal the consequence that the defendant already appealable because double jeopardy sets in.
loses his or her right to present evidence. No
res judicata in dismissal due to demurrer.

JUDGMENTS AND FINAL ORDERS 3. There is an absence of any issue; or

4. The answer fails to tender an issue.
JUDGMENT AFTER PRE-TRIAL
In such cases, judgment shall be rendered within ninety
The court shall motu proprio include in the pre-trial order (90) calendar days from termination of the pre-trial.
that the case be submitted for summary judgment or
judgment on the pleadings, without need of position papers NOTE: This is without prejudice to a party moving for
or memoranda, when: judgment on the pleadings under Rule 34 or summary
1. There is no more controverted facts; judgment under Rule 35,
2. There is no more genuine issue as to any material
fact;

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This order of the court to submit the case for judgment An issue of material fact exists if the answer or responsive
pursuant to this Rule shall not be the subject to appeal or pleading filed specifically denies the material allegations of
certiorari. (Sec. 10, Rule 18, 2019 Amendments to the Rules fact set forth in the complaint or pleading. If the issue of fact
on Civil Procedure) requires the presentation of evidence, it is a genuine issue
of fact. (Ibid.)
JUDGMENT WITHOUT TRIAL
JUDGMENT ON THE PLEADINGS vs.
Instances when there can be a Judgment without a trial SUMMARY JUDGMENTS (2016 BAR)

1. Judgment on the pleadings - where the pleadings of JUDGMENT ON THE
SUMMARY JUDGMENT
the parties tender no issue at all, a judgment on the PLEADINGS
(Rule 35)
pleadings may be directed by the court (Rule 34); (Rule 34)
2. Summary Judgment - where from the pleadings, Based solely on the Based on the pleadings,
affidavits, depositions and other papers, there is pleadings. depositions, admissions
actually no genuine issue, the court may render a and affidavits.
summary judgment (Rule 35); Generally available only to Available to both plaintiff
3. Where the parties have entered into a compromise or the plaintiff, unless the and defendant.
an amicable settlement either during the pre-trial or defendant presents a
while the trial is in progress (Rule 18; Art. 2028, NCC); counterclaim.
4. Where the parties agree in writing, upon the facts The answer fails to tender There is no genuine issue
involved in the litigation, and submit the case for an issue or there is an between the parties, i.e.
judgment on the facts agreed upon, without the admission of material there may be issues but
introduction of evidence. If however, there is no allegations. these are irrelevant.
agreement as to all the facts in the case, trial may be No notice to the adverse No notice to the adverse
held only as to the disputed facts (Sec. 6, Rule 30); party is required. party is required. However,
5. Where the complaint has been dismissed with the adverse party may file a
prejudice (Sec. 5, Rule 16; Sec. 3, Rule 17; last. par.; Sec. comment and serve
5, Rule 7); opposing affidavits,
6. Where the civil case falls under the operation of the depositions, or admissions
Rules on Summary Procedure (Rule 17); within a non-extendible
7. When the case falls under the Rule on Small Claims. period of five (5) calendar
days from receipt of motion.
JUDGMENT ON THE PLEADINGS On the merits. May be interlocutory (i.e.
(2012, 2014, 2015, 2016 BAR) partial summary
judgments) or on the
Grounds for judgment on the pleadings (1999 BAR) merits.
1. The answer fails to tender an issue because of:
a. General denial of the material allegations of the ENTRY OF JUDGMENT AND FINAL ORDER
complaint;
b. Insufficient denial of the material allegations of the Entry of judgment (2000 BAR)
complaint;
It refers to the physical act performed by the clerk of court
2. The answer admits material allegations of the adverse in entering the dispositive portion of the judgment in the
party’s pleadings. (Sec. 1, Rule 34) book of entries of judgment and after the same has become
final and executory. The record shall contain the dispositive
Action on motion for judgment on the pleadings portion of the judgment or final order and shall be signed
by the clerk of court, with a certificate by said clerk that the
The court may motu proprio or on motion render judgment judgment has already become final and executor. (Sec. 2,
on the pleadings if it is apparent that the answer fails to Rule 36)
tender an issue, or otherwise admits the material
allegations of the adverse party’s pleadings. Otherwise, the When entered: If no appeal or motion for new trial or
motion shall be subject to the provisions of Rule 15 of these reconsideration is filed within the time provided in the
Rules. Rules, the judgment or final order shall forthwith be
entered by the clerk in the book of entries of judgments.
Any action of the court on a motion for judgment on the (Sec. 2, Rule 36)
pleadings shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (Sec. 2, Rule 34, 2019 There are some proceedings the filing of which is reckoned
Amendments to the Rules on Civil Procedure) from the date of the entry of judgment:

SUMMARY JUDGMENTS 1. The execution of a judgment by motion is within 5 years
from the entry of the judgment (Sec. 6, Rule 39);
It is proper where, upon motion filed after the issues had 2. The filing of a petition for relief must be filed not more
been joined and on the basis of the pleadings and papers than 60 days from knowledge of the judgment and not
filed, the court finds that there is no genuine issue as to any more than 6 months from the entry of the judgment or
material fact except as to the amount of damages. (Ley final order. (Sec. 3, Rule 38)
Construction & Dev. Corp. v. Union Bank of the Phil., G.R. No.
133801, June 27, 2000)
POST-JUDGMENT REMEDIES

Genuine issue on any material facts


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1. Before a judgment becomes final and executory, the 2. After the judgment becomes executory, the aggrieved
aggrieved party or losing party may avail of the party or losing party may avail of the following:
following remedies: a. Petition for relief from judgment;
a. Motion for Reconsideration; b. Action to annul judgment;
b. Motion for New Trial; and c. Certiorari; and
c. Appeal. d. Collateral attack of a judgment.

MOTION FOR NEW TRIAL VS. RECONSIDERATION

MOTION FOR NEW TRIAL (MNT) MOTION FOR RECONSIDERATION (MR)

Grounds 1. Extrinsic fraud, accident, mistake or excusable 1. The damages awarded are excessive;
negligence (FAME) which ordinary prudence 2. The evidence is insufficient to satisfy the
could not have guarded against and by reason decision or final order; or
of which the rights of the aggrieved party were 3. The decision or final order is contrary to law.
impaired; or (Sec. 1, Rule 37)
2. Newly discovered evidence, which could not
with reasonable diligence, have been
discovered and produced at the trial, and
which if presented, would probably alter the
result. (Sec. 1, Rule 37)
Requisites 1. They shall be in writing, stating the ground or 1. They shall be in writing, stating the ground or
grounds therefore, a written notice of which grounds therefore, a written notice of which
shall be served by the movant on the adverse shall be served by the movant on the adverse
party (Sec. 2, Rule 37); party (Sec. 2, Rule 37);
2. Affidavit of merit setting forth the particular 2. Must point out specifically the conclusion of
facts claimed to constitute a meritorious cause judgment;
of action in case the ground relied upon is 3. Express reference to testimonial or
FAME; documentary evidence or to provisions of
3. In case of newly discovered evidence: law.
a. Affidavit of new witnesses; and
b. Duly authenticated documents to be
introduced.

NOTE: The requirements are mandatory and non-
compliance therewith is fatal and renders the
motion pro forma or a mere scrap of paper and will
not toll the reglementary period for appeal.
When to file Within the period for taking an appeal or within 15 days after notice to the appellant of the judgment or
final order appealed from. Where a record on appeal is required the appellant shall file a notice of appeal
and a record on appeal within 30 days after notice of the judgment or final order. (Sec. 1, Rule 37) The
filing of a timely motion interrupts the period to appeal. (Sec. 2, Rule 40; Sec. 3, Rule 41)

NOTE: No motion for extension of time to file a Motion for New Trial or Motion for Reconsideration shall
be allowed. (Sec. 2, Rule 40)
Limitations Second motion may be allowed so long as based on GR: Single motion rule
grounds not existing or available at the time the first No party shall be allowed a second motion for
motion was made. (Sec. 5, Rule 37) reconsideration of a judgment or final order. (Sec.
5, Rule 37)

XPN: The SC may allow a second MR in the higher
interest of justice by the Court en banc upon a vote
of at least 2/3 of its actual membership. There is
reconsideration “in the higher interest of justice”
when the assailed decision is not only legally
erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and
irremediable injury or damage to the parties.

A second motion for reconsideration can only be
entertained before the ruling sought to be
reconsidered becomes final by operation of law or
by the Court’s declaration.
In the Division, a vote of three Members shall be
required to elevate a second motion for
reconsideration to the Court En Banc. (Sec. 3, Rule
15, A.M. No. 10-4-20-SC)
When to file If denied, the remedy is to appeal from the judgment or final order. (Sec. 9, Rule 37)
Resolution Both must be resolved within 30 days from the time it is submitted for resolution
Rule under Both are prohibited motions under Summary Procedure and Small Claims
Summary

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Procedure and
Small Claims

Fresh Period Rule or Neypes Rule PETITION FOR REVIEW

To standardize the appeal periods provided in the Rules and 1. Petition for review under Rule 42 – RTC in its appellate
to afford litigants fair opportunity to appeal their cases, the jurisdiction to CA;
Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal, counted from the Issues to be raised: Questions of fact, of law, or mixed
receipt of the order dismissing a motion for new trial or questions of fact and law.
motion for reconsideration. (Neypes v. CA, G.R. No. 141524,
September 14, 2005) 2. Petition for review under Rule 43 – Quasi-judicial bodies
to CA.
APPEALS
Issues to be raised: Questions of fact, of law, or mixed
JUDGMENTS AND FINAL ORDERS questions of fact and law.
SUBJECT TO APPEAL
PETITION FOR REVIEW ON CERTIORARI
An appeal may be taken only from judgments or final orders
that completely dispose of the case, or of a particular matter Appeal by certiorari under Rule 45
therein when declared by the Rules of Court to be
appealable. (Sec.1, Rule 41) 1. RTC to SC (Sec. 2(c), Rule 41) – questions of law
2. CA to SC (Sec. 1, Rule 45) - questions of law
Matters not appealable 3. Sandiganbayan to SC (Sec. 1, Rule 45) – questions of law
4. CTA en banc to SC (Sec. 11, RA 9282; Sec. 1, Rule 45, as as
1. Order denying a petition for relief or any similar motion amended by A.M. No. 07-7-12-SC) – questions of law
seeking relief from judgment; 5. Appeals from a judgment or final order in a petition for
2. Interlocutory order; petition for a writ of amparo to the SC (AM No. 07-9-12-
3. Order disallowing or dismissing an appeal; SC) – questions of fact and law
4. Order denying a motion to set aside a judgment by 6. Appeals from a judgment or final order in a petition for
consent, confession or compromise on the ground of a writ of Habeas Data (AM No. 08-1-16-SC) - questions of
fraud, mistake or duress, or any other ground vitiating fact and law
consent; 7. Appeals from judgment or final order in a petition for
5. Order of execution; writ of Kalikasan (AM No. 09-6-8-SC) - questions of fact
6. Judgment or final order for or against one or more of and law
several parties or in separate claims, counterclaims,
cross-claims and third-party complaints, while the PERIOD OF APPEAL
main case is pending, unless the court allows an appeal
therefrom; Period of appeal via notice of appeal under Rule 40, 41,
7. Order dismissing an action without prejudice (Sec. 1, 42, 43, and 45 (2003 BAR)
Rule 41, as amended by A.M. No. 07-7-12-SC); and
8. A judgment based on compromise Within 15 days from receipt of court’s decision or final
order denying his motion for new trial or motion for
In those instances where the judgment or final order is not reconsideration.
appealable, the aggrieved party may file the appropriate
special civil action under Rule 65. (Sec. 1, Rule 41) Function of notice of appeal

MODES OF APPEAL To notify the trial court that the appellant is availing of the
ORDINARY APPEAL right to appeal, and not to seek the court’s permission that
he be allowed to pose an appeal. (Crisologo v. Daray, AM No.
1. Ordinary Appeal under Rule 40 – from MTC to RTC RTJ-07-2036, August 30, 2006) It does not require the
approval of the court. (2009 BAR)
a. Notice on appeal – 15-day period
b. Record on appeal – 30-day period Appeal by record on appeal

Issues to be raised: Questions of fact or of law or Where a record on appeal is required, the appellant shall file
mixed questions of fact and law. a notice of appeal and a record on appeal within 30 days
after notice of the judgment or final order denying his
2. Ordinary Appeal under Rule 41 – from RTC in the motion for new trial or motion for reconsideration. (Sec. 2,
exercise of its original jurisdiction to CA Rule 40)

a. Notice on appeal – 15-day period Notice of appeal vs. Record on appeal
b. Record on appeal – 30-day period
NOTICE OF APPEAL RECORD ON APPEAL
Issues to be raised: Questions of fact or of law or Normally, appeal is made Required only in Special
mixed question of fact and law that has been raised in by filing a notice of appeal Proceedings and other
the court below and is within the issues framed by the with the court which cases of multiple or
parties. rendered the judgment or separate appeals.
final order appealed from

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Remedial Law
and serving a copy thereof However, even in cases NOTE: However, the failure to pay appellate court docket
upon the adverse party.
where multiple appeals are fees within the reglementary period allows only
allowed, if all the issues discretionary dismissal of the appeal, not automatic
have already been dismissal. (Rep. v. Sps. Luriz, G.R. No. 158992, January 26,
dispensed with by the trial 2007)
court, filing a record on
appeal is no longer APPEAL FROM JUDGMENTS
necessary. (Marinduque OR FINAL ORDERS OF THE RTC
Mining and Industrial
Corporation v. CA, 567 Three Modes of Appeal from the decisions of the RTC
SCRA 483) (2002, 2005, 2006, 2009 BAR)
Deemed perfected as to Deemed perfected as to
him upon the filing of the him upon the approval of 1. Rule 41: Ordinary appeal or appeal by writ of error
notice of appeal. record on appeal. (Riano, – This presupposes that the RTC rendered the judgment
2014) or final order in the civil action or special proceeding in
Period of appeal is 15 days. Period of appeal is 30 days. the exercise of its original jurisdiction and appeal is
taken to the CA on questions of fact or mixed questions
The court loses jurisdiction The court loses jurisdiction of fact and law. The appeal is taken by notice of appeal
over the case upon (a) only over the subject or by record on appeal.
perfection of the appeal matter thereof upon (a)
filed in due time and (b) approval of the records on NOTE: An appeal on pure questions of law cannot be
expiration of the time of appeal filled in due time taken to the CA and such improper appeal will be
the appeal of the other and (b) expiration of the dismissed pursuant to Sec. 2, Rule 50. (Regalado, 2012)
parties time to appeal of the other
parties. 2. Rule 42: Petition for review – The questioned
judgment or final order was rendered by RTC in the
Instances when record on appeal is required exercise of its appellate jurisdiction over a judgment or
final order in a civil action or special proceeding
A record on appeal is required in the following cases: originally commenced in and decided by a lower court.
1. In special proceedings and in other cases of multiple or The appeal is taken by a petition for review filed with
separate appeals (Sec. 3, Rule 40); CA on questions of facts, of law or on mixed questions
of fact and law. (1998, 1990, 2009 BAR)
NOTE: Not all special proceedings require record on
appeal. It is necessary only in special proceedings 3. Rule 45: Petition for review on certiorari – Taken to
where there are multiple appeals, such as settlement of the SC only on questions of law from a judgment or final
estate. (De Leon, 2013) order rendered in a civil action or special proceeding by
RTC in the exercise of its original jurisdiction. The
2. In a judgment for recovery of property or partition with appeal is taken by filing a petition for review on
accounting (Roman Catholic Archbishop of Manila v. CA, certiorari with the SC. (Regalado, 2010)
G.R. No. 111324, July 5, 1996);
3. In a foreclosure of mortgage (Roman Catholic Subject of an appeal under Rule 41
Archbishop of Manila v. CA, G.R. No. 111324, July 5,
1996); GR: An appeal may be taken from:
4. In a judgment for or against one or more of several 1. A judgment or final order that completely disposes of
defendants, leaving the action to proceed against the the case; or
others (Sec. 4, Rule 36); and 2. A particular matter therein when declared by the Rules
5. In an action for partition of property with accounting. to be appealable. (Sec. 1, Rule 41)
(Ibid.)
XPNs: No appeal may be taken from:
PERFECTION OF APPEAL 1. An order denying a petition for relief or any similar
motion seeking relief from judgment;
Perfection of an appeal as a jurisdictional requirement 2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
GR: Perfection of appeal within the reglementary period is 4. An order denying a motion to set aside a judgment by
jurisdictional. consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating
XPN: When there has been FAME, resort to Petition for consent;
relief from judgment under Rule 38. (Habaluyas v. Japson, 5. An order of execution;
G.R. No. 70895, May 30, 1986) (1998, 2002, 2007 2009 6. A judgment or final order for or against one or more of
BAR) several parties or in separate claims, counterclaims,
cross-claims, and third-party complaints, while the
Effect of non-payment of appellate docket fees (2009 main case is pending, unless the court allows an appeal
BAR) therefrom; and
7. An order dismissing an action without prejudice. (2004
Payment of docket fee is jurisdictional. Without such BAR)
payment, the appellate court does not acquire jurisdiction
over the subject matter of the action and the decision NOTE: In any of the foregoing circumstances, the aggrieved
sought to be appealed from becomes final and executory party may file an appropriate special civil action as
(Regalado v. Go, G.R. No. 167988, February 6, 2007). provided under Rule 65. (Ibid.)


2021 GOLDEN NOTES 2021 & 2022
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Appeals from quasi-judicial bodies NOT included under A continuation of the Not part of the appellate
Rule 45 appellate process over process, it is an independent
the original case.
action.
Under the present Rule 45, appeals may be brought through Raises questions of law Raises questions of
a petition for review on certiorari but only from judgments jurisdiction
and final orders of the court enumerated in Sec. 1 thereof. Filed within 15 days Filed not later than 60 days
Appeals from judgments and final orders of quasi-judicial from notice of from notice of judgment,
agencies are now required to be brought to the CA on a judgment, final order or order or resolution sought to
verified petition for review, under the requirements and resolution appealed be assailed, or from notice of
conditions in Rule 43 which was precisely formulated and from. denial of an MR or MNT.
adopted to provide for a uniform rule of appellate Stays the judgment Does not stay the judgment or
procedure for quasi-judicial agencies. (Fabian v. Desierto, sought to be appealed order subject of the petition,
G.R. No. 129742, September 16, 1998) unless enjoined or restrained.

APPEAL FROM JUDGMENTS Does not require a prior Requires, as a general rule, a
OR FINAL ORDERS OF THE CA motion for prior motion for
reconsideration reconsideration. (Bases
Review by SC on the findings of fact of the CA Conversion and Development
Authority v. Uy, G.R. No.
GR: CA’s findings of fact are final and conclusive and cannot 144062, November 2, 2006)
be reviewed on appeal to the SC. (Natividad v. MTRCB, G.R. The parties are the The tribunal, board, or officer
No. 161422, December 13, 2007) original parties with the exercising judicial or quasi-
XPNs: appealing party as the judicial functions is impleaded
petitioner and the as respondent. (Sec. 5 Rule 65)
1. The conclusion of the CA is grounded entirely on adverse party as the
speculations, surmises and conjectures; respondent, without
2. The inference made is manifestly mistaken, absurd or impleading the lower
impossible; court or its judge. (Sec.
3. There is grave abuse of discretion; 4(a), Rule 45)
4. The judgment is based on misapprehension of facts; Filed with the SC. (Sec. Filed with the RTC (Sec. 21, BP
5. The findings of facts are conflicting; 1, Rule 45) 129);
6. The CA in making its findings went beyond the issues of With the CA (Sec. 9, BP 129); or
the case and the same is contrary to the admissions of With the SC (Sec. 5[1], Article
both appellant and appellee; VIII, 1987 Constitution)
7. The findings are contrary to those of the trial court;
8. The findings of facts are conclusions without citation of THE “HARMLESS ERROR RULE”
specific evidence on which they are based; IN APPELLATE DECISIONS
9. The facts set forth in the petition as well as in the
petitioner’s main and reply briefs are not disputed by No error in either the admission or the exclusion of
the respondents; evidence and no error or defect in any ruling or order or in
10. The findings of fact of the CA are premised on the anything done or omitted by the trial court or by any of the
supposed absence of evidence and contradicted by the parties is ground for granting a new trial or for setting aside,
evidence on record; or modifying, or otherwise disturbing a judgment or order,
11. Those filed under Writs of amparo, habeas data, or unless refusal to take such action appears to the court
kalikasan. inconsistent with substantial justice. The court at every
stage of the proceeding must disregard any error or defect
Only questions of law under Rule 45 which does not affect the substantial rights of the parties.
(Sec. 6, Rule 51)
The SC is not a trier of facts, and is not to review or calibrate
the evidence on record. Moreover, the findings of facts of In dealing with evidence improperly admitted in trial, we
the trial court, as affirmed on appeal by the CA, are examine its damaging quality and its impact to the
conclusive on the SC. (Boston Bank of the Philippines v. substantive rights of the litigant. If the impact is slight and
Manalo, G.R. No. 158149, February 9, 2006; Frondarina v. insignificant, we disregard the error as it will not overcome
Malazarte, G.R. No. 148423, December 6, 2006) the weight of the properly admitted evidence against the
prejudiced party. (People v. Teehankee, Jr., G.R. No. 111206-
Petition for Review on Certiorari under Rule 45 vs. 08, October 6, 1995)
Certiorari under Rule 65
RELIEF FROM JUDGMENTS OR FINAL ORDERS AND
PETITION FOR SPECIAL CIVIL ACTION FOR RESOLUTIONS
REVIEW ON CERTIORARI
CERTIORARI (Rule 65) It is a legal remedy whereby a party seeks to set aside a
(Rule 45) judgment rendered against him by a court whenever he was
A mode of appeal which A special civil action that is an unjustly deprived of a hearing or was prevented from taking
seeks to review final original action (Rule 65) an appeal because of fraud, accident, mistake or excusable
judgments and orders. directed against an neglect. (Sec. 1, Rule 38; Quelnan v. VHF Philippines, G.R. No.
(Sec. 2, Rule 41) interlocutory order or matters 138500, September 16, 2005)
where no appeal may be taken It is an equitable remedy that is allowed only in exceptional
from. (Sec. 1, Rule 41) cases when there is no other available or adequate remedy.
(Trust International Paper Corp. v. Pelaez, G.R. No. 164871,
Aug. 22, 2006)


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Motion for new trial/reconsideration vs. Petition for court through fraud, accident, mistake, or excusable
Relief from judgment (1990 BAR) negligence (Sec. 1, Rule 38); or
2. The petitioner has been prevented from taking an
MOTION FOR NEW TRIAL PETITION FOR RELIEF appeal by fraud, accident, mistake, or excusable
/ RECONSIDERATION FROM JUDGMENT negligence. (Sec. 2, Rule 38)
(Rule 37) (Rule 38)
Available before judgment Available after judgment Fraud
becomes final and has become final and
executory. executory. Fraud as a ground for a petition for relief from judgment
Applies to judgments or Applies to judgments, final pertains to extrinsic or collateral fraud. (City of Dagupan v.
final orders only. orders and other Maramba, G.R. No. 174411, July 2, 2014, as penned by J.
proceedings: Leonen)
Grounds for motion for new Grounds: (FAME)
trial: ANNULMENTS OF JUDGMENTS
1. Fraud; OR FINAL ORDERS AND RESOLUTIONS
1. Fraud, accident, 2. Accident;
mistake or 3. Mistake; or Annulment of Judgment
excusable 4. Excusable
negligence; negligence It is a remedy in law independent of the case where the
(FAME) and judgment sought to be annulled was rendered.
2. Newly discovered
evidence. (Sec. 1) Like a petition for relief, an action for annulment of a
judgment is a recourse equitable in character, allowed only
Grounds for motion for in exceptional cases where there is no available adequate
reconsideration: remedy. (Ramos v. Combong, G.R. No. 144273, October 20,
1. The damages 2005)
awarded are
excessive; NOTE: A co-equal court cannot annul the final judgment of
2. That the evidence a similar court. CA has exclusive jurisdiction over actions
is insufficient to for annulment of judgments of RTC. An action to annul a
justify judgment or final order of MTC shall be filed in the RTC
the decision or having jurisdiction in the former and it shall be treated as
final order, or an ordinary civil action. (Secs. 1 and 10, Rule 47)
3. That the decision
or final order is Who may file
contrary to law.
(Sec. 1) An action for annulment can be filed by one who was not a
Filed within the time to Filed within 60 days from party to the action in which the assailed judgment was
appeal. knowledge of the rendered. It is a remedy in law independent of the case
judgment and within 6 where the judgment sought to be annulled is promulgated.
months from entry of (Villanueva v. Nite, G.R. No. 148211, July 25, 2006)
judgment.
Legal Remedy Equitable Remedy A person need not be a party to the judgment sought to be
The order of denial is not The order of denial is not annulled. What is essential is that he can prove his
appealable. The remedy is appealable; the remedy is allegation that the judgment was obtained by the use of
to appeal from the appropriate special civil fraud and collusion and he would be adversely affected
judgment or final order on action under Rule 65. thereby. (Islamic Da’wah Council v. CA, G.R. No. 80892,
the merits. September 29, 1989)
Motion need not be Petition must be verified.
verified. When available

NOTE: A party who has filed a timely motion for new trial The remedy of annulment of judgment may be availed of
cannot file a petition for relief after the former is denied. when the ordinary remedies of new trial, appeal, petition
The two remedies are exclusive of one another. (Sec. 9, Rule for relief or other appropriate remedies are no longer
38; Francisco v. Puno, G.R. No. L-55694, October 23, 1981) available through no fault of the petitioner. (Sec. 1, Rule 47)

Who may avail NOTE: If the petitioner fails to avail of those other remedies
without sufficient justification, he cannot resort to the
A petition for relief from judgment together with a MNT and action for annulment provided in the Rules, otherwise he
MR are remedies available only to parties in the proceedings would benefit from his own inaction or negligence.
where the assailed judgment is rendered. A person who was (Regalado, 2012)
never a party to the case, or even summoned to appear
therein, cannot avail of a petition for relief from judgment. Grounds for the Annulment of judgment of the RTC
(Alaban, et. al. v. CA, G.R. No. 156201, September 23, 2005) (2008 BAR)

GROUNDS FOR AVAILING OF THE REMEDY 1. Lack of jurisdiction over the subject matter and over
the person – May be barred by estoppels by laches,
1. A judgment or final order is entered, or any other which is that failure to do something which should be
proceeding is thereafter taken against a party in any done or to claim or enforce a right at a proper time or a
neglect to do something which one should do or to seek
or enforce a right at a proper time.

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2. Extrinsic Fraud After the lapse of such time, and before it is barred by the
stature of limitations, a judgment may be enforced by
NOTE: Fraud is regarded as extrinsic where it prevents action. (Ting v. Heirs of Diego Lirio, G.R. No. 16891, March 14,
a party from having a trial or from presenting his entire 2007)
case to the court, or where it operates upon matters
pertaining not to the judgment itself but to the manner NOTE: No appeal may be taken from an order of execution.
in which it is procured. (Alaban, et al., v. CA, G.R. No. (Sec. 1[e], Rule 41) A party desiring to assail an order of
156021, September 23, 2005) execution may instead file an appropriate special civil
action under Rule 65 of the Rules of Court. (Ibid.)
3. Denial of due process. (Alaban, et al., v. CA, G.R. No.
156021, September 23, 2005) EXECUTION AS A MATTER OF RIGHT
NOTE: While under Section 2, Rule 47 of the Rules of
Court a Petition for Annulment of Judgment may be Execution will issue as a matter of right when:
based only on the grounds of extrinsic fraud and lack of 1. The judgment has become final and executory (Sec. 1,
jurisdiction, jurisprudence recognizes lack of due Rule 39);
process as additional ground to annul a judgment. 2. Judgment debtor has renounced or waived his right to
(Intestate Estate of the Late Nimfa Sian v. PNB, G.R. No. appeal;
168882, January 31, 2007, Diona v. Balangue, et al., G.R. 3. The period for appeal has lapsed without an appeal
No. 173559, January 7, 2013) having been filed; or
4. Having been filed, the appeal has been resolved and the
PERIOD TO FILE ACTION records of the case have been returned to the court of
origin. (Florendo v. Paramount Insurance Corp, now
1. If based on extrinsic fraud, the action must be filed MAA General Insurance Inc., G.R. No. 167976, January 20,
within 4 years from its discovery. 2010)
2. If based on lack of jurisdiction, the action must be
brought before the action is barred by laches or Remedy if a Motion for Execution is denied
estoppels (Sec. 3, Rule 47).
The remedy is mandamus. The issuance of writ of execution
EXECUTION, SATISFACTION AND is a ministerial duty of court under Sec. 1 of Rule 39,
EFFECT OF JUDGMENTS compellable by writ of mandamus. (Greater Metropolitan
Manila Solid Waste Management Committee v. Jancom
Final judgments for purposes of appeal vs. Final Environmental Corporation, G.R. No. 163663, June 30, 2006)
judgments for purposes of execution
DISCRETIONARY EXECUTION
FINAL JUDGMENTS FINAL JUDGMENTS FOR
FOR PURPOSES OF PURPOSES OF EXECUTION Requisites for discretionary execution
APPEAL
Dispose of, adjudicate, Becomes final and executory 1. There must be a motion filed by the prevailing party
or determine the by operation of law. with notice to the adverse party;
rights of the parties. 2. There must be a hearing of the motion for discretionary
Still subject to appeal. No further action can be had execution;
when no appeal was 3. There must be good reasons to justify the discretionary
perfected until the lapse of the execution; and
period to appeal 4. The good reasons must be stated in a special order. (Sec.
Execution of judgment Execution of judgment is a 2, Rule 39)
is not a matter of right. matter of right. Staying the discretionary execution

The following judgments are not stayed by appeal and are It may be stayed upon approval by the proper court of a
immediately executory: sufficient supersedeas bond filed by the party against whom
1. In actions for Injunction, Receivership, Accounting, and execution is directed, conditioned upon the performance of
Support (Sec. 4, Rule 39); the judgment or order allowed to be executed in case it shall
2. In ejectment cases; be finally sustained in whole or in part. The bond thus given
3. Summary Procedure; may be proceeded against on motion with notice to the
4. Deficiency Judgment in Judicial Foreclosure; surety. (Sec. 3, Rule 39)
5. Indirect Contempt;
6. Expropriation Proceedings; EXECUTION BY MOTION OR
7. Intra-corporate disputes; BY INDEPENDENT ACTION
8. Environmental cases. (Riguera, 2020)
Modes of execution of final and executory judgment or
The following judgments are immediately final and order and revived Judgment
executory:
1. Summary Judgments under the Family Code; 1. Execution by motion – if the enforcement of the
2. Direct Contempt; judgment is sought within five (5) years from the date
3. Compromise Judgments; of its entry; (2007 BAR) and
4. Small Claims. (Riguera, 2020) 2. Execution by independent action – if the five year
period has elapsed and before it is barred by statute of
WHEN EXECUTION SHALL ISSUE limitations which is 10 years from the date entry under
Art. 1144 (3) of the Civil Code. This action is a personal
A final and executory judgment or order may be executed one and not quasi in rem. (Sec. 6, Rule 39)
on motion within five (5) years from the date of its entry.
EXECUTION OF JUDGMENTS FOR MONEY

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Three ways to enforce a judgment for money 1. The property is levied;
2. The claimant is a person other than the judgment
1. Immediate payment on demand; obligor or his agent;
2. Satisfaction by levy; and 3. The claimant makes an affidavit of his title thereto or
3. Garnishment of debts and credits. right to the possession thereof stating the grounds of
such right or title; and
Right to choose may be waived by the judgment obligor 4. The claimant serves the same upon the officer making
the levy and the judgment oblige. (Sec. 16, Rule 39)
If the judgment obligor does not exercise the option, he
waives such right, and the sheriff shall levy first on personal Duty of the officer if the property sought to be levied on
property, then on real property. The sheriff shall only sell is claimed by another person and proper proof of
property sufficient to satisfy the judgment and other lawful ownership or possession is served such officer
fees. (Villarin v. Munasque, G.R. No. 169444, Sept. 17, 2008)
If the property levied on is claimed by any person other than
EXECUTION OF JUDGMENTS the judgment obligor or his agent, and such person makes
FOR SPECIFIC ACTS an affidavit of his title thereto or right to the possession
thereof, stating the grounds of such right or title, and serves
Execution of Judgments for the following specific acts if the same upon the officer making the levy and a copy
the judgment debtor refuses/fails to comply thereof upon the judgment obligee, the officer in such a case
shall not be bound to keep the property, unless the
JUDGMENTS FOR judgment obligee, on demand of the officer, files a bond
SPECIFIC ACTS MANNER OF EXECUTION approved by the court to indemnify the third-party claimant
(Sec. 10) in a sum not less than the value of the property levied on. In
Conveyance, Court can appoint some other case of disagreement as to the value, the same shall be
delivery of deeds, person at the cost of the determined by the court issuing the writ of execution. No
or other specific disobedient party and the act when claim for damages for the taking or keeping of the property
acts, vesting title. so done shall have the same effect may be enforced against the bond unless the action therefor
as if done by the required party. is filed within 120 days from the date of the filing of the
Sale of real and Sell such property and apply the bond. (Sec. 16, Rule 39)
personal proceeds in conformity with the
property judgment. RULES ON REDEMPTION
Delivery or If the party refuses to deliver, a writ
restitution of of execution directing the sheriff to Availability of the right of redemption
real property cause the defendant to vacate is in
the nature of a habere facias There is no right of redemption as to personal properties for
possesionem and authorizes the the sale is absolute. Such right is available only to real
sheriff to break open the premises properties. (Sec. 27, Rule 39)
where there is no occupant therein.
NOTE: The period of redemption is not suspended by an
If the party refuses to vacate action to annul the foreclosure sale. The periods for
property, the remedy is not redemption are not extendible. However, the parties may
contempt. The sheriff must oust the agree on a longer period, in a in such case, it would be a
party. But if demolition is involved, conventional redemption.
there must be a special order. A
demolition order from the court is ENFORCEMENT AND EFFECT OF
required to effect removal of an FOREIGN JUDGMENTS OR FINAL ORDERS
improvement constructed by the
defeated party. Effect of a Foreign Order (2007 BAR)

A writ of execution directing the 1. Against a specific thing – conclusive upon title to the
sheriff to cause the defendant to thing
vacate is in the nature of a habere 2. Against a person – presumptive evidence of a right as
facias possesionem and authorizes between the parties and their successors-in-interest by
the sheriff to break open the a subsequent title (Sec. 48, Rule 39)
premises where there is no
occupant therein. NOTE: In both instances, the judgment may be repelled by
Removal of The officer may destroy, demolish evidence of want of jurisdiction, notice, collusion, fraud, or
improvements on or remove the improvements upon clear mistake of law or fact.
property subject special order of the court, issued
of execution upon motion of the judgment Enforcement of a judgment of a foreign court (2007
obligee. BAR)
Delivery of The officer shall take possession
personal and deliver to the party entitled Judgment of foreign courts may only be enforced in the
property thereto. Philippines through an action validly heard in a RTC. Thus,
it is actually the judgment of the Philippine court enforcing
PROCEEDINGS WHERE PROPERTY the foreign judgment that shall be executed.
IS CLAIMED BY THIRD PERSONS
SPECIAL CIVIL ACTIONS
Requisites for a claim by a third person (Terceria)
ORDINARY CIVIL ACTIONS vs.

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SPECIAL CIVIL ACTIONS Venue
1. If personal action G.R.: Governed by the general
ORDINARY CIVIL SPECIAL CIVIL ACTION – residence of the rules of venues.
ACTION parties;
Governing Law 2. If real action – XPN: Otherwise indicated by
Governed by the Governed by ordinary rules but location of the special rules (Regalado, 2016)
ordinary rules. (Sec. subject to specific rules property. (Sec. 1-
3, Rule 1) prescribed. (Sec 3, Rule 1) 2, Rule 4)
Cause of Action Jurisdiction
It is based on a cause Not all special civil actions are May be filed initially There are special civil actions
of action (Sec. 1, Rule based on a cause of action, i.e. in either the which can only be filed in a
2) declaratory relief (Rule 63) and Municipal Trial Court Municipal Trial Court like the
interpleader. (Rule 62) or Regional Trial actions for forcible entry and
Court depending unlawful detainer. There are
Declaratory relief – action is upon the also special civil actions which
brought before there is breach. jurisdictional amount cannot be commenced in the
or nature of the Municipal Trial Court foremost
Interpleader – plaintiff files a action involved. of which are the petitions for
complaint even if he has (Riano, 2012) certiorari, prohibition and
sustained no actual mandamus. (Ibid)
transgression of his rights.
(Riano, 2012)

JURISDICTION AND VENUE

JURISDICTION VENUE
Certiorari, 1. RTC; 1. RTC, if it is directed against a municipal trial court, corporation,
Prohibition, 2. CA; board, an officer or a person;
Mandamus 3. SC; 2. CA or with the SB, whether or not the same is in aid of the court’s
(Rule 65) Sandiganbayan, COMELEC in aid appellate jurisdiction;
of their appellate jurisdiction (A.M. 3. If the petition involves an act or an omission of a quasi-judicial
No. 07-7-12-SC). agency, unless otherwise provided by law or the Rules, the
petition shall be filed with and be cognizable only by the Court of
Appeals;
In election cases involving an act or omission of MTC/RTC, it shall be
filed exclusively with the COMELEC, in aid of its appellate
jurisdiction. (Sec. 4, Rule 65)
Quo warranto RTC, CA, Supreme Court (Sec. 7, Where the respondent or any of the respondents resides. When the
Rule 66) Solicitor General commences the action, it may be brought in the
RTC of the City of Manila, in the CA, or in the SC. (Sec. 7, Rule 66)
Sandiganbayan in aid of its
appellate jurisdiction (PD 1606, as NOTE: Subject to the principle of Hierarchy of Courts
amended by RA No. 8249)
Expropriation RTC since incapable of pecuniary Real Property: where the property is located
(Rule 67) estimation (Barangay San Roque v. Personal property: the place where the plaintiff or defendant
Heirs of Pastor, G.R. No. 138896, resides, at the election of the plaintiff (Sec. 2, Rule 4).
June 20, 2000)
_________________________________________________________________________________________________________________________________________________
CERTIORARI, PROHIBITION AND MANDAMUS

CERTIORARI PROHIBITION MANDAMUS
Definition Certiorari is an extraordinary Prohibition is an extraordinary Mandamus is an extraordinary
writ annulling or modifying the writ commanding a tribunal, writ commanding a tribunal,
proceedings of a tribunal, board corporation, board or person, corporation, board or person, to
or officer exercising judicial or whether exercising judicial, quasi- do an act required to be done:
quasi-judicial functions when judicial or ministerial functions, to
such tribunal, board or officer desist from further proceedings a. When he or she unlawfully
has acted without or in excess of when said proceedings are neglects the performance of
its or his jurisdiction, or with without or in excess of its an act which the law
grave abuse of discretion jurisdiction, or with abuse of its specifically enjoins as a
amounting to lack or excess of discretion, there being no appeal duty, and there is no other
jurisdiction, there being no or any other plain, speedy and plain, speedy and adequate
appeal or any other plain, adequate remedy in the ordinary remedy in the ordinary
speedy and adequate remedy in course of law. (Sec. 2, Rule 65) course of law; or
the ordinary course of law. (Sec. b. When one unlawfully
1, Rule 65) excludes another from the
use and enjoyment of a
right or office to which the
other is entitled. (Sec. 3,
Rule 65)

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Against Directed against any tribunal, Directed against any tribunal, Directed against any tribunal,
whom board or officer exercising corporation board officer or corporation board officer or
judicial or quasi-judicial person exercising judicial, quasi- person exercising ministerial
function. judicial or ministerial function. function.
Ground The tribunal, board or officer is The tribunal, corporation board The tribunal, corporation board
alleged to have acted without officer or person is alleged to have officer or person is alleged to
jurisdiction; in excess of acted: without jurisdiction; in have unlawfully neglected a
jurisdiction; or with grave abuse excess of jurisdiction; or with ministerial duty; or excluded
of discretion amounting to lack grave abuse of discretion another from the use of a right
or excess of jurisdiction. amounting to lack or excess of or enjoyment of a office.
jurisdiction.
Purpose Purpose is to annul or nullify a Purpose is to have respondent Purpose is for respondent to:
proceeding. desist from further proceeding.
1. Do the act required; and
2. To pay damage.
Nature This remedy is corrective – to This remedy is preventive and This remedy is affirmative or
correct usurpation of negative – to restrain or prevent positive (if the performance of a
jurisdiction. (Sec. 1, Rule 65) usurpation of jurisdiction. (Sec. 2, duty is ordered) or it is negative
Rule 65) (if a person is ordered to desist
from excluding another from a
right or office). (Sec. 3, Rule 65)
Scope Extends to discretionary acts. Extends to discretionary and Only for ministerial acts.
ministerial acts.

CERTIORARI under Rule 65. (Chua v. People of the Philippines, G.R. No.
195248, November 22, 2017)
Requisites of a valid certiorari
XPN: In some recognized situations, the filing of a motion
1. The petition is directed against a tribunal, board or for reconsideration is a condition sine qua non to the filing
officer exercising judicial or quasi-judicial functions; of a petition for certiorari. The reason for this is to allow the
2. Such tribunal, board or officer has acted without or in court an opportunity to correct its imputed errors.
excess of jurisdiction or with grave abuse of discretion;
and PROHIBITION
3. There is neither appeal nor any plain, speedy and
adequate remedy in the ordinary course of law for the Requisites of a valid prohibition
purpose of annulling or modifying the proceeding.
There must be capricious, arbitrary and whimsical 1. The impugned act must be that of a tribunal,
exercise of power for it to prosper. (Sec. 1 Rule 65; corporation, board or person;
Aggabao v. Comelec, G.R. No. 163756, January 26, 2005; 2. The respondent must be exercising judicial, quasi-
Riano, 2009) judicial functions or ministerial functions;
3. Respondents acted without or in excess of its
NOTE: jurisdiction or with grave abuse of discretion
1. Excess of jurisdiction – Is where the respondent, being amounting to lack of jurisdiction; and
clothed with the power to determine the case, 4. There must be no appeal or other plain, speedy and
oversteps his authority as determined by law. adequate remedy. (Sec. 2, Rule 65)
2. Grave abuse of discretion – The abuse must be grave
as where the power is exercised in an arbitrary or Prohibition vs. Injunction
despotic manner by reason of passion or personal
hostility; or, it must be so patent and gross as to amount PROHIBITION INJUNCTION
to an evasion of positive duty or to a virtual refusal to Directed to court itself, Directed only to the party
perform the duty enjoined or to act at all in commanding it to cease litigants, without in any
contemplation of law. (Planters Products, Inc. v. Court of from the exercise of a manner interfering with
Appeals, G.R. No. 10150, September 15, 1993) jurisdiction to which it has the court. (De Los Angeles v.
3. Plain, speedy and adequate remedy – Is one which no legal claim. (Esquivel v. CA, G.R. Nos. L-34317 & L-
promptly relieves the petitioner from the injurious Ombudsman, GR No. 34335, September 30,
effects of the judgment and the acts of the lower court 137237, September 17, 1974)
or agency. 2002)

Remedies of appeal and certiorari NOT exclusive
MANDAMUS
GR: Where the proper remedy is appeal, the action for
certiorari will not be entertained. Certiorari is not a remedy Requisites of a valid mandamus
for errors of judgment. Errors of judgment are correctible
by appeal; errors of jurisdiction are reviewable by 1. There must be a clear legal right to the act demanded;
certiorari. 2. It must be the duty of the defendant to perform the act
because it is mandated by law;
Necessity for a motion for reconsideration 3. The defendant:

GR: As a general rule, a motion for reconsideration is a a. unlawfully neglects the performance of the
prerequisite for the availment of a petition for certiorari duty enjoined by law; or

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b. unlawfully excludes another from the use and action must be commenced proclamation of the
enjoyment of a right or office which such other within 1 year from cause of candidate. (Riano, 2012)
is entitled; ouster or from the time the
right of petitioner to hold
4. The act to be performed is ministerial, not office arose.
discretionary; Petitioner is person Petitioner may be any
5. There is no appeal or other plain, speedy and adequate entitled to office. (Riano, voter even if he is not
remedy in the ordinary course of law. (Sec. 3, Rule 65; 2012) entitled to the office.
Riano, 2012) (Riano, 2012)
Filed before the Supreme a. Filed before the
Discretionary duty Court, CA or RTC Manila if COMELEC if filed against
filed by the Solicitor the election of a Member
GR: Mandamus is only applicable to a ministerial duty. General. Otherwise, RTC of Congress, regional,
However, mandamus can be used to the extent of requiring with jurisdiction over the provincial or city officer;
the performance of a discretionary duty to act but not to territorial area where b. Filed before the
require performance of such duty in a particular manner. respondent or any of the appropriate RTC or
respondents resides, CA, or MTC, if filed against a
XPNs: SC. (Sec. 7, Rule 66) municipal or barangay
1. There has been gross abuse of discretion; official, respectively.
2. Manifest injustice; or Should be filed within one Should be filed within 10
3. Palpable excess of authority. year after the cause of such days after proclamation of
ouster, or the right of the results
Mandamus vs. Injunction petitioner to hold such
office or position arose.
MANDAMUS INJUNCTION (Sec. 11, Rule 66)
Remedial; To perform Preventive; To prevent an Person adjudged entitled Actual or compensatory
positive legal duty. It is a act to maintain status quo to the office may bring a damages are recoverable
special civil action. between parties. It is an separate action against the in quo warranto
ordinary civil action. respondent to recover proceedings under the
To set in motion and to To restrain motion or to damage. (Sec 11, Rule 66) Omnibus Election Code.
compel action (active). enforce inaction
(conservative). WHEN GOVERNMENT COMMENCES AN ACTION
AGAINST INDIVIDUALS AND CORPORATIONS
Directed against a tribunal, Directed against a litigant
corporation board, or An action for the usurpation of a public office, position or
officer franchise may be commenced by a verified petition brought
in the name of the Republic of the Philippines against:
Material dates in the petition
1. A person who usurps, intrudes into, or unlawfully holds
Under the material date rule, the following material dates or exercises a public office, position or franchise;
must be stated in the petition: 2. A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture
1. When notice of the judgment, final order or of his office; and
resolution subject of the petition was received; 3. An association which acts as a corporation within the
2. When a motion for new trial or reconsideration Philippines without being legally incorporated or
was filed, if any; and without lawful authority so to act. (de facto
3. When notice of the denial of the motion for new corporation) (Sec. 1, Rule 66)
trial or reconsideration was received. (Sec. 3, Rule
46) When directed by the President of the Philippines, or when
______________________________________________________________________ upon complaint or otherwise he or she has good reason to
QUO WARRANTO believe that any case specified in the Rules can be
established by proof, the Solicitor general or the public
DISTINGUISHED FROM QUO WARRANTOUNDER prosecutor must commence the action. (Sec. 2, Rule 66)
THE OMNIBUS ELECTION CODE
NOTE: Actions of quo warranto against corporations now
QUO WARRANTO UNDER QUO WARRANTO IN fall under the jurisdiction of the RTC acting as Special
RULE 66 ELECTORAL Commercial Courts. (Sec. 5.2, Securities Regulations Code)
PROCEEDINGS Quo warranto will only lie against de facto corporations.
Issue is legality of the Issue is eligibility of the
occupancy of the office by person elected. (Riano, WHEN INDIVIDUAL MAY COMMENCE AN ACTION
virtue of a legal 2012)
appointment. (Riano, A person claiming to be entitled to a public office or position
2012) usurped or unlawfully held or exercised by another may
Grounds: usurpation, Grounds: ineligibility or bring an action therefor in his own name. (Sec. 5, Rule 66)
forfeiture, or illegal disqualification to hold the
association (Sec. 1, Rule 66) office (Sec. 253, Omnibus However, not any person may file the petition. The person
Election Code) authorized to file the same is the one who claims to be
Presupposes that the Petition must be filed entitled to a public office or position which was usurped or
respondent is already within 10 days from the unlawfully held or exercised by another person. (Sec. 6, Rule
actually holding office and 66)

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Such person may maintain action without the intervention 2. Second stage – the determination of just compensation
of the Solicitor General and without need for any leave of through the court-appointed commissioners. (Riano,
court. He must show that he has a clear right to the office 2016)
allegedly being held by another (Cuevas v. Bacal, 347 SCRA
338). GR: Just Compensation must be reckoned from the time
of taking or filing of the complaint, whichever came
NOTE: The Solicitor General or public prosecutor may first.
commence the action at the instance of another person. In
this case, leave of court is necessary. (Sec. 3, Rule 66) XPN: As a measure of simple justice and ordinary
fairness to them, therefore, reckoning just
Period within which a person ousted from office must compensation on the value at the time the owners
file a petition for quo warranto commenced these inverse condemnation proceedings
when:
GR: An action for quo warranto must be commenced within
1 year after the cause of such ouster, or the right of the a. Stealth is employed instead of complying with the
petitioner to hold such office or position, arose (Sec. 11, Rule legal process of expropriation. (National Power
66). The failure to institute the same within the Corporation v. Heirs of Macabangkit Sangkay, 671
reglementary period constitutes more than a sufficient Phil. 569, 2011)
basis for its dismissal (Alejo v. Marquez, G.R. No. L-40575, b. There is no intention to pay the owners just
September 28, 1987), since it is not proper that the title to a compensation. (National Power Corporation v.
public office be subjected to continued uncertainty. Spouses Saludares, 686 Phil. 967 2012)
(Villegas v. De la Cruz, G.R. No. L-23752, December 31, 1965)
ORDER OF EXPROPRIATION
XPN:
a. If the failure to file the action can be attributed to the An order of expropriation (or order of condemnation) will
acts of a responsible government officer and not of the be issued declaring that the plaintiff has a lawful right to
dismissed employee. (Conchita Romualdez-Yap v. CSC, take the property.
et al., G.R. No. 104226, August 12, 1993)
b. When the action is filed by the State. (Republic v. Sereno, It is issued when:
G.R. No. 237428, May 11, 2018)
1. The objections to and the defenses against the right
NOTE: The periods within which quo warranto action of the plaintiff to expropriate the property are
should be brought are a condition precedent to the overruled; and
existence of a cause of action. 2. No party appears to defend as required by this
_______________________________________________________________________ Rule. (Sec. 4, Rule 67)
EXPROPRIATION
NOTE: After the rendition of such an order, the plaintiff
Requisites of the Exercise of a Valid Expropriation shall not be permitted to dismiss or discontinue the
(DCP) proceeding except on such terms as the court deems
just and equitable.
1. Due process of law;
2. Payment of just compensation; and NOTE: After the rendition of the order of expropriation, the
3. Taking must be for public use. plaintiff shall not be permitted to dismiss or discontinue the
proceeding except upon such terms as the court deems just
Properties that are subject to expropriation and equitable. (Sec. 4, Rule 67)

All properties can be expropriated, except money and ASCERTAINMENT OF JUST COMPENSATION
choses in action.
Formula for the determination of just compensation
Scope of expropriation
JC = FMV + CD – CB
Expropriation is not limited to the acquisition of real If CB is more than CD, then
property with a corresponding transfer of title or
JC = FMV
possession. The right-of-way easement resulting in a
restriction or limitation on property rights over the land
traversed by transmission lines also falls within the ambit JC – Just compensation
of the term "expropriation.” (National Power Corporation v. FMV – Fair market value
Vda. De Capin, G.R. No. 175176, October 17, 2008) CD – Consequential damages
CB – Consequential benefits
TWO STAGES IN EVERY ACTION FOR EXPROPRIATION
NOTE: Sentimental value is not included
1. First stage – the determination of the authority of the
plaintiff to expropriate. This determination includes an SPECIAL PROCEEDINGS
inquiry into the propriety of the expropriation – its
necessity and the public purpose. It is a remedy by which a party seeks to establish a status, a
right or a particular fact. (Sec. 3[c], Rule 1)
NOTE: The first stage will end in the issuance of an
order of expropriation if the court finds for plaintiff or Subject matter of Special Proceedings (SEGTA-RR-HH-
in dismissal of the complaint if it finds otherwise. CCC-DD)


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1. Settlement of the estate of deceased persons; Issued when a Issued when the cause of
2. Escheat; government officer has the detention appears to be
3. Guardianship and custody of children; the person in his custody, patently illegal and the
4. Trustees; the illegality of which is non-compliance herewith
5. Adoption; not patent, to show cause is punishable. (Lee Yick Hon
6. Rescission and revocation of adoption; why the writ of habeas v. Collector of Customs, G.R.
7. Hospitalization of insane persons; corpus should not issue. No. 16779, March 30, 1921)
8. Habeas Corpus;
9. Change of name; Habeas corpus is NOT applicable when the purpose is
10. Voluntary dissolution of corporations; to:
11. Judicial approval of voluntary recognition of minor
natural children; 1. Enforce a right of service;
12. Constitution of family home; 2. Determine whether a person has committed a crime;
13. Declaration of absence and death; and 3. Determine a disputed interstate boundary line;
14. Cancellation or correction of entries in the civil registry. 4. Punish respondent;
(Sec. 1, Rule 72) 5. Recover damages or other money award;
6. Assert or vindicate denial of right to bail; (In re: Azucena
NOTE: The list under Rule 72, Section 1 is NOT exclusive. Garcia, G.R. No. 141443, November 18, 2000)
7. Correct errors in appreciation of facts or law; (Sotto v.
E.g. petition for liquidation of an insolvent corporation, Dir. Of Prisons, G.R. No. L-18871, May 30, 1962) or
corporate rehabilitation, declaration of nullity of marriage, 8. Enforce marital rights including living in conjugal
protection orders (VAWC), arbitration, etc. dwelling.

As long as the remedy seeks establishment of a right, status, Person discharged not to be again imprisoned
or a particular fact, then such may be called a special
proceeding, regardless of whether it is included in the GR: A person who is set at liberty upon a writ of habeas
foregoing enumeration. (De Leon & Wilwayco, 2015) corpus shall not be again imprisoned for the same offense.

Applicability of General Rules XPN: He is imprisoned by virtue of lawful order or process
of court having jurisdiction of the offense or cause. (Sec. 17,
In the absence of special provisions, the rules provided for Rule 102)
in ordinary actions, shall be, as far as practicable, applicable
in special proceedings. (Sec. 2, Rule 72) (2008 BAR) WHEN WRIT DISALLOWED OR DISCHARGED

WRIT OF HABEAS CORPUS When writ not allowed or discharge authorized
(Rule 102)
The writ of habeas corpus shall not be allowed when the
It is a writ directed to the person detaining another and person alleged to be restrained of his liberty is in the
commanding him to produce the body of the prisoner at a custody of an officer:
certain time and place with the day and the cause of his
caption and detention, to do, submit to and receive 1. Under process issued by a court or judge;
whatsoever, the court or judge awarding the writ shall 2. By virtue of a judgment or order of a court of record;
consider in that behalf. (Illusorio v. Bildner, G.R. No. 139789, and
May 12, 2000) 3. The court or judge had jurisdiction to issue the
process, render the judgment, or make the order.
Scope of the writ (Sec. 4)

1. All cases of illegal confinement or detention by which a In addition, the discharge of the writ of habeas corpus shall
person is deprived of his liberty; or not be authorized upon showing that a person is:
2. Cases by which the rightful custody of the person is
withheld from the person entitled thereto (Sec. 1, Rule 1. Charged with;
102) (2005 & 2009 BAR); 2. Convicted of an offense; or
3. As a post-conviction remedy or when there is an alleged 3. Suffering imprisonment under lawful judgment. (Sec.
violation of the liberty of abode (Osorio v. Navera, G.R. 4)
No. 223272, February 26, 2018, as penned by J. Leonen);
and Habeas corpus as post-conviction remedy
4. If the results of the post-conviction DNA testing are
favorable to the convict. (Sec. 10 in relation to Sec. 6, GR: The writ may not be availed of when the person in
A.M. No. 06-11-5-SC, effective October 15, 2007). custody is under a judicial process or by virtue of a valid
judgment.
Period of appeal
XPN: However, as a post-conviction remedy, it may be
Under BP 129, the period of appeal in habeas corpus cases allowed when, as a consequence of a judicial proceeding,
shall be 48 hours from the notice of the judgment or final any of the following exceptional circumstances is attendant:
order appealed from.
1. There has been a deprivation of a constitutional right
Kinds of Writ of Habeas Corpus resulting in the restraint of a person;
2. The court had no jurisdiction to impose the sentence;
PRELIMINARY PEREMPTORY WRIT or
CITATION

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3. The imposed penalty has been excessive, thus voiding 1. For protection of a property right
the sentence as to such excess. (Go v. Dimagiba, G.R. No. 2. In a labor dispute
151876, June 21, 2005) 3. For protection of right to travel
4. Inclusion of name in the Order of Battle
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS
CORPUS IN RELATION TO CUSTODY OF MINORS (A.M. State participation
No. 03-04-4-SC)
State participation is an indispensable element for the
Requisites in petitions for habeas corpus involving issuance of a writ of amparo. Proof of disappearance alone
minors (RWB) is not enough. It is likewise essential to establish that such
disappearance was carried out with the direct or indirect
1. That the petitioner has the right of custody over the authorization, support or acquiescence of the
minor; government. While the writ may lie if the person sought to
2. That the rightful custody of the minor is being withheld be held accountable or responsible in an amparo petition is
from the petitioner by the respondent; and a private individual or entity, still, government involvement
3. That it is to the best interest of the minor concerned to in the disappearance remains an indispensable element.
be in the custody of petitioner and not that of the This hallmark of State participation differentiates an
respondent. (Sombong v. CA, G.R. No. 11876, January 31, enforced disappearance case from an ordinary case of a
1996) missing person. (Navia et al v. Pardico, G.R. No. 184467, June
19, 2012)
Temporary visitation rights
QUANTUM OF PROOF IN APPLICATION FOR ISSUANCE
The court shall provide in its order awarding provisional OF WRIT OF AMPARO
custody appropriate visitation rights to the non-custodial
parent or parents unless the court funds said parent or In a petition for a writ of amparo, the parties shall establish
parents unfit or disqualified. (Sec. 15, A.M. No. 03-04-04-SC) their claims by substantial evidence. (Sec. 17, A.M. No. 07-9-
12-SC)
Issuance of Hold Departure Order
Command responsibility
The minor child cannot be brought out of the country
without leave from court while the petition is pending. The The doctrine of command responsibility is a rule of
minor child subject of the petition shall not be brought out substantive law that establishes liability and, by this
of the country without prior order from the court while the account, cannot be a proper legal basis to implead a party-
petition is pending. respondent (President) in an amparo petition. Since the
application of command responsibility presupposes an
The court, motu proprio or upon application under oath, imputation of individual liability, it is more aptly invoked in
may issue ex parte a hold departure order, addressed to the a full-blown criminal or administrative case rather than in a
Bureau of Immigration and Deportation, directing it not to summary amparo proceeding. The obvious reason lies in
allow the departure of the minor from the Philippines the nature of the writ itself. (Roxas v. Macapagal Arroyo, G.R.
without the permission of the court. (Sec. 16, AM No. 03-04- No. 189155, September 7, 2010)
04-SC)
Appeal (2012 BAR)
WRIT OF AMPARO
A.M. NO. 07-9-12-SC Any party may appeal from the final judgment or order to
Effectivity Date: September 25, 2007 the SC under Rule 45 within five (5) days. The appeal may
raise not only questions of law but also questions of fact or
It is a remedy available to any person whose right to life, both because its subject is extralegal killings or enforced
liberty and security is violated or threatened with violation disappearances, which might necessitate a review of errors
by an unlawful act or omission of a public official or of fact. (Sec. 19, Ibid.)
employee, or of a private individual or entity. The writ shall
cover extralegal killings and enforced disappearances or Reason: Amparo proceedings involve determination of
threats thereof. (Sec. 1, A.M. No. 07-9-12-SC) facts considering its subject-extralegal killings and enforced
disappearances.
Extralegal killings
WRIT OF HABEAS DATA
These are killings committed without due process of law, (A.M. No. 08-1-16-SC)
legal safeguards or judicial proceedings. (Secretary of Effectivity Date: February 2, 2008
National Defense v. Manalo, G.R. No. 180906, October 7, 2008)
As an independent and summary remedy to protect the
Enforced disappearance right to privacy – especially the right to informational
privacy – the proceedings for the issuance of the writ of
The arrest, detention, or abduction of persons by, or with habeas data does not entail any finding of criminal, civil or
the authorization, support or acquiescence of, a State or a administrative culpability.
political organization followed by a refusal to acknowledge
that deprivation of freedom or to give information on the Reliefs granted by the court
fate or whereabouts of those persons, with the intention of
removing from the protection of the law for a prolonged If the allegations in the petition are proven through
period of time. (Section 3[g], RA No. 9851) substantial evidence, then the Court may:

When writ NOT available 1. Grant access to the database or information;

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2. Enjoin the act complained of; or
3. In case the database or information contains erroneous CRIMINAL PROCEDURE
data or information, order its deletion, destruction or
rectification. (Rodriguez vs. Arroyo, G.R. No. 191805,
November 15, 2011) Due process in criminal proceeding

Where the writ of habeas data is not applicable Due process in criminal proceeding is mandatory and
indispensable. It cannot be met without “a law which hears
While the writ of habeas data is a remedy available for the before it condemns as well as proceeds upon inquiry and
protection of one’s right to privacy, the state interest in renders judgment only after trial.”
dismantling private armed groups outweighed the alleged
intrusion of a person’s private life. Requirements of due process in a criminal proceeding

AVAILABILITY OF WRIT 1. Court or tribunal is properly clothed with judicial
power to hear and determine the matter before it;
1. To any person; 2. Jurisdiction is lawfully acquired over the person of the
2. Whose right to privacy in life, liberty and security is accused;
violated or threatened; 3. That the accused is given the opportunity to be heard;
3. With violation by an unlawful act or omission of a and
public official or employee, or of a private individual or 4. That judgment is rendered only upon lawful hearing.
entity engaged in: (Alonte v. Savellano, Jr., G.R. No. 131652, March 9, 1998)

a. Gathering; REQUISITES FOR EXERCISE OF CRIMINAL
b. Collecting; or JURISDICTION
c. Storing of data or information regarding the person
family, home and correspondence of the aggrieved 1. Jurisdiction over the subject matter - Jurisdiction
party. (Sec. 1, A.M. No. 08-1-16-SC) over the subject matter refers to the authority of the
court to hear and determine a particular criminal case.
NOTE: The writ however will not issue on the basis merely It is, in simple terms, jurisdiction over the offense
of an alleged unauthorized access to information about a charged. (Riano, 2016);
person. Availment of the writ requires the existence of a 2. Jurisdiction over the territory - Venue in criminal
nexus between the right to privacy on the one hand, and the cases is an essential element of jurisdiction. Hence, for
right to life, liberty or security on the other. Thus, the jurisdiction to be acquired by a court in a criminal case,
existence of a person’s right to informational privacy and a the offense should have been committed or any one of
showing, at least by substantial evidence, of an actual or its essential ingredients should have taken place
threatened violation of right to privacy in life, liberty, or within the territorial jurisdiction of the court. It is in
security of the victim are indispensable before the privilege that court where the criminal action shall be instituted.
of the writ may be extended. (Sec. 15[a], Rule 110, Rules of Court; Foz, Jr. v. People,
G.R. No. 167764, October 9, 2009) Stated otherwise, in
Right to informational privacy is defined as the right of criminal cases, venue is jurisdictional. (Pilipinas Shell
individuals to control information about themselves. And Petroleum Corporation v. Romars International Gases
such right depends on the existence of “expectational Corporation, G.R. No. 189669, February 16, 2015); and
privacy” a person has toward particular information. Before 3. Jurisdiction over the person of the accused -
one can have expectational privacy, it must be shown the Jurisdiction over the person of the accused is acquired
the person intended such information to be private (Vivares upon his arrest or apprehension, with or without a
v. St. Theresa’s College, G.R. No. 202666, September 29, 2014) warrant, or his voluntary appearance or submission to
EFFECT OF FILING OF A CRIMINAL ACTION the jurisdiction of the court. (Valdepenas v. People, G.R.
No. L-20687, April 30, 1966)
When a criminal action has been commenced, no separate
petition for the writ shall be filed. The reliefs under the writ CUSTODY OF LAW vs.
shall be available by motion in the criminal case. (Sec. 22, JURISDICTION OVER THE PERSON
A.M. No. 08-1-16-SC)
CUSTODY OF LAW JURISDICTION OVER
INSTITUTION OF SEPARATE ACTION THE PERSON
Required before the court can Required for the
This Rule shall not preclude the filing of separate criminal, act upon the application for adjudication of reliefs.
civil or administrative actions. (Sec. 20, A.M. No. 08-1-16-SC) bail.
Accomplished either by arrest Acquired upon his
Appeal or voluntary surrender. arrest or voluntary
appearance.
Any party may appeal from the final judgment or order to A person can be under the A person can be subject
the Supreme Court under Rule 45. The appeal may raise custody of the law but not yet to the jurisdiction of the
questions of fact or law or both. The period of appeal shall subject to the jurisdiction of court over his person,
be five (5) working days from the date of notice of the the court over his person, such and yet not be in the
judgment or final order. The appeal shall be given the same as when a person arrested by custody of the law, such
priority as in habeas corpus and amparo cases. (Sec. 19, A.M. virtue of a warrant files a as when an
No. 08-1-16-SC) motion before arraignment to accused escapes
quash the warrant. (Miranda custody after his trial
vs. Tuliao, G.R. No. 158763, has commenced.
March 31, 2006)

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PROSECUTION OF OFFENSES representative of the State shall direct and control the
RULE 110 prosecution thereof.

CRIMINAL ACTIONS, HOW INSTITUTED XPN: The private prosecutor (private counsel) may
prosecute the case provided that:
Criminal action 1. The public prosecutor has heavy work schedule; or
2. There is lack of public prosecutors.
One by which the State prosecutes a person for an act or
omission punishable by law. NOTE: The private prosecutor must be authorized in
writing by the Chief Prosecution Office or Regional State
Criminal actions are instituted by: Prosecution; and such will be subject to the court’s
approval. (Sec. 5, Rule 110)
1. Where preliminary investigation is required - filing
the complaint with the proper officer for the purpose SUFFICIENCY OF COMPLAINT OR INFORMATION
of conducting the requisite preliminary investigation;
or A complaint or information is deemed sufficient if it
2. For all other offenses - filing the complaint or contains the following:
information directly with the MTC and MCTC, or the
complaint with the office of the prosecutor. (Sec. 1, 1. Name of the accused, if the offense is committed by
Rule 110) more than one person, all of them shall be included in
the complaint or information;
Effect of institution of a criminal action 2. Designation of the offense given by the statute;
3. Acts or omissions complained of as constituting the
GR: Interrupts the running of the period of prescription of offense;
the offense charged. (Sec. 1, Rule 110) 4. Name of the offended party;
5. Approximate date of the commission of the offense;
XPN: When a different rule is provided for in special laws. and
6. Place where the offense was committed (Sec. 6, Rule
WHO MAY FILE THEM, CRIMES THAT CANNOT BE 110)
PROSECUTED DE OFFICIO
Information vs. Complaint
GR: All criminal actions initiated by complaint or
information are filed by the prosecutor. INFORMATION COMPLAINT
An accusation in writing A sworn written
XPNs: Offenses or crimes that cannot be prosecuted de charging a person with an statement charging a
officio. offense, subscribed by the person with an offense,
prosecutor and filed by him subscribed by the
These are crimes or offenses which cannot be prosecuted with the court. (Sec. 4, Rule offended party, any peace
except on complaint filed by the offended party or, if the 110) officer, or other public
offended party is a minor, by the parents, grandparents or officer charged with the
the guardian. These crimes are: enforcement of the law
violated. (Sec. 3, Rule 110)
1. Adultery and concubinage; Requires no oath because Must be “sworn,” hence
2. Seduction, abduction and acts of lasciviousness; and the prosecutor filing the under oath.
3. Criminal actions for defamation imputing the information is acting under
abovementioned offenses. (Sec. 5, Rule 110) the oath of his office.
Subscribed by the Subscribed by:
NOTE: These crimes are known as private crimes. prosecutor. a) Offended party;
b) Peace officer; or
Effect of death of the offended party to the criminal c) Other public officer
action charged with the
enforcement of the
1. Prior to the filing of the case in court but after a law violated.
complaint was filed before the prosecutor - the death
of the complainant will not be sufficient justification for Form of a valid complaint or information
the dismissal of the information. (People v. Ilarde, G.R.
No. L-57288, April 30, 1984) 1. In writing;
2. During the pendency of the case - the death of the 2. In the name of the People of the Philippines; and
complainant will not extinguish the criminal liability of 3. Against all persons responsible for the offense
the accused whether total or partial. (Donio-Teves v. involved. (Sec. 2, Rule 110)
Vamenta, G.R. No. L-38308, December 26, 1984)
NOTE: In case of variance between the complaint filed by
CONTROL OF PROSECUTION the offended party and the information, the complaint
controls.
GR: The public prosecutor shall prosecute, direct, and
control all criminal actions commenced by a complaint or DESIGNATION OF OFFENSE (2001 BAR)
information.
Conflict between the designation of the crime and the
Since a criminal offense is an outrage against the recital of the facts constituting the offense
sovereignty of the State, it necessarily follows that a

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The title of the information or designation of the offense is After plea and during the trial
not controlling. It is the actual facts recited in the 1. With leave of court; and
information that determines the nature of the crime. 2. Without causing
(Santos v. People, G.R. No. 77429, January 29, 1990) Formal Amendment prejudice to the rights of
the accused. (Sec. 14, Rule
Effect of failure to designate the offense by the statute 110)
GR: Not allowed
The failure to designate the offense by statute, or to mention
the specific provision penalizing the act, or an erroneous XPN: If the amendment is
specification of the law violated does not vitiate the Substantial Amendment
beneficial to the accused.
information if the facts alleged clearly recite the facts (Riano, 2016 citing Ricarze
constituting the crime charged. What controls is not the title v. CA, 515 SCRA 302)
of the information or the designation of the offense but the
actual facts recited in the information. In other words, it is Tests to determine the propriety of amendment after
the recital of facts of the commission of the offense, not the plea
nomenclature of the offense that determines the crime
being charged in the information. (Malto v. People, G.R. No. 1. Whether a defense under the information as it
164733, September 21, 2007) originally stood would be available after the
amendment is made; and
Q: May the accused be convicted of a crime more serious 2. Whether any evidence defendant might have would be
than that named in the information? equally applicable to the information in the one form
as in the other. An amendment to an information
GR: YES. The accused may be convicted of a crime more which does not change the nature of the crime alleged
serious than that named in the title or preliminary part if therein does not affect the essence of the offense or
such crime is covered by the facts alleged in the information cause surprise or deprive the accused of an
and its commission is established by evidence. (Buhat v. CA, opportunity to meet the new averment had each been
G.R. No. 120365, December 17, 1996) held to be one of form and not of substance. (Ricarze v.
CA, G.R. No. 160451, February 9, 2007)
XPN: An accused could not be convicted under one act when
he is charged with a violation of another if the change from SUBSTITUTION
the statute to the other:
When substitution is proper
1. Involves change in the theory of the trial;
2. Requires of the defendant a different defense; or If it appears any time before judgment that a mistake has
3. Surprises the accused in any way. (U.S. v. Panlilio, been made in charging the proper offense, the court shall
G.R. No. L-9876, December 8, 1914) dismiss the original complaint or information upon the
filing of a new one charging the proper offense, provided the
DUPLICITY OF THE OFFENSE; EXCEPTION accused shall not be placed in double jeopardy. (Sec. 14, Rule
110)
GR: A complaint or information must charge only one
offense. Limitations on substitution (2002 BAR)

XPN: When the law prescribes a single punishment for 1. No judgment has yet been rendered;
various offenses (Sec. 13, Rule 110): 2. The accused cannot be convicted of the offense
charged or of any other offense necessarily included
1. Complex crimes; therein; and
2. Special complex crimes; 3. The accused would not be placed in double jeopardy.
3. Continuous crimes or delito continuado; (Herrera, 2007)
4. Crimes susceptible of being committed in various
modes; and Amendment vs. Substitution (2001, 2002 BAR)
5. Crimes of which another offense is an ingredient.
AMENDMENT SUBSTITUTION
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR May involve either formal Involves substantial
INFORMATION or substantial changes. change from the original
charge.
AMENDMENT Amendment before the It must be with leave of
plea is entered can be court as the original
KIND OF AMENDMENT HOW AMENDMENT effected without leave of information has to be
TO BE MADE IS MADE court. dismissed.
Before plea An amendment as to form Substitution of the
1. Formal amendment; or Without leave of court will not require another information entails
2. Substantial preliminary investigation another preliminary
amendment. and retaking of plea of the investigation and plea to
Substantial amendment 1. Upon a motion by the accused. the new information.
which: prosecutor; An amended information Requires or presupposes
a. Downgrades the nature 2. With notice to the refers to the same offense that the new information
of the offense charged; or accused; and charged in the original involves a different offense
b. Excludes any accused 3. With leave of court. information or to an which does not include or
from the complaint or offense which necessarily is not necessarily included
information includes or is necessarily in the original charge;

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Remedial Law
included in the original hence the accused cannot where the offense was committed but it may also be
charge, hence substantial claim double jeopardy. filed where the offended party actually resides at the
amendments to the time of the commission of the offense. The first court
information after the plea to acquire jurisdiction excludes others;
has been taken cannot be 10. Article 315(2)(d) of the RPC – It may be instituted at
made over the objection of the place where the deceit or damage may arise;
the accused, for if the 11. Where the Supreme Court, pursuant to its
original would be constitutional powers orders a change of venue or
withdrawn, the accused place of trial to avoid a miscarriage of justice (Section
could invoke double 5[4], Article VIII, 1987 Constitution of the Philippines);
jeopardy. 12. Cases cognizable by Sandiganbayan – Where the
case is cognizable by the Sandiganbayan, the
VENUE OF CRIMINAL ACTIONS jurisdiction of which depends upon the nature of the
offense and the position of the accused the offense
Venue for the institution of criminal actions need not be tried in the place where the act was
committed but where the court actually sits in Quezon
GR: Subject to existing laws, criminal action shall be City.
instituted and tried in the court of the municipality or PROSECUTION OF CIVIL ACTIONS
territory where the offense was committed or any of its RULE 111
essential ingredients occurred. (Sec. 15, Rule 110)
RULE ON IMPLIED INSTITUTION OF CIVIL ACTION
XPNs: WITH CRIMINAL ACTION
1. An offense was committed on a railroad train, in an
aircraft, or in any other public or private vehicle in GR: The institution or filing of the criminal action includes
the course of trip – The criminal action may be the institution therein of the civil action for recovery of civil
instituted and tried in the court of any municipality or liability arising from the offense charged.
territory where such train, aircraft or other vehicle
passed during such trip, including the place of XPNs: When the offended party:
departure and arrival (Sec. 15 [b], Rule 110);
2. Where the offense is committed on board a vessel on 1. Waives the civil action;
its voyage – The criminal action may be instituted and 2. Reserves his right to file a separate civil action; or
tried in the proper court of the first port of entry or of 3. Institutes a civil action prior to the criminal action.
any municipality or territory through which the vessel (Sec. 1, Rule 111)
passed during such voyage subject to the generally
accepted principles of international law (Sec. 15[c], Reservation to file a separate civil action
Rule 110);
3. Felonies under Art. 2 of the RPC – Shall be cognizable Jurisprudence instructs that the reservation may not be
by the proper court where the criminal action was first necessarily expressed, but may be implied, which may be
filed (Sec. 15[d], Rule 110); inferred not only from the acts of the offended party, but
4. Continuous or transitory crimes – Such offenses may also from acts other than those of the latter. (Herrera, 2007)
be tried by the court of any jurisdiction wherever the
offender may be found, but the complainant should Instances when the reservation to file a separate civil
allege that the offense was committed within the action is NOT allowed
jurisdiction of the court (Herrera, 2007);
5. Piracy – The venue of piracy, unlike all other crimes, 1. Criminal action for violation of BP 22 (Sec. 1[b], Rule
has no territorial limits. It is triable anywhere; 111);
6. Libel – The action may be instituted at the election of 2. A claim arising from an offense which is cognizable by
the offended or suing party in the municipality or city the Sandiganbayan (Herrera, 2007); and
where: 3. Tax cases (RA 9282, Sec.7[b][1]).

a. The libelous article is printed and first published; Instances when civil actions may proceed
b. If one of the offended parties is a private independently (2005, 2010 BAR)
individual, where said private individual actually
resides at the time of the commission of the 1. Arising from breach of contract; and
offense; or 2. Independent civil actions or those based on Arts.
c. If the offended party is a public official, where the 32, 33, 34 and Art. 2176 of the NCC or quasi-delict
latter holds office at the time of the commission (Herrera, 2007)
of the offense.
The quantum of evidence required is merely
7. BP 22 cases – The criminal action shall be filed at the preponderance of evidence. (Sec. 3, Rule 111)
place where the check was drawn, issued, delivered, or
dishonored. In case of crossed check, the place of the EFFECT OF DEATH OF ACCUSED OR
depositary or the collecting bank. CONVICT ON CIVIL ACTION
8. Perjury – The criminal action may be instituted at the
place where the testimony under oath is given or If the accused died:
where the statement is submitted, since both are
material ingredients of the crime committed (Union 1. After arraignment and during the pendency of the
Bank vs. People, G.R. No. 192562, February 28, 2012); criminal action
9. Violation of Sec. 9 of Migrant Worker and Oversees
Filipino Act of 1995 – It shall be filed not only in RTC

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Remedial Law
GR: The civil liability of the accused based on the crime XPNs:
(civil liability ex delicto) is extinguished. 1. Where an information or complaint is filed pursuant to
Sec. 7, Rule 112, i.e. the complaint or information is
XPNs: filed directly in court (Ibid.); or
a. Independent civil action based on Arts. 32 33, 34 and 2. For cases requiring preliminary investigation, when a
2176 of the Civil Code; and person is lawfully arrested without a warrant
b. Civil liability predicated on other sources of provided that inquest was made in accordance with
obligations, i.e. law, contract, and quasi-contract, Rule 112. (Sec. 6, Rule 112)
which are subsequently instituted.
WHO MAY CONDUCT DETERMINATION OF
2. Before arraignment – the offended party may file the EXISTENCE OF PROBABLE CAUSE
civil action against the estate of the deceased. (Sec. 4,
Rule 111) PROBABLE PROBABLE CAUSE AS
CAUSE AS DETERMINED BY
3. Pending appeal DETERMINED BY THE JUDGE
THE
a. Civil liability arising from the crime is extinguished PROSECUTOR
b. Civil liability predicated from another source survives Purpose For the filing of an For the issuance of
i.e. civil liability arising from law, contracts, quasi- information in warrant to determine
contract and quasi-delict. court by whether there is a
determining necessity for placing
NOTE: In nos. 1 and 3(b), the civil action may be continued whether there is the accused under
against the estate or legal representative of the accused reasonable ground immediate custody in
after proper substitution, as the case may be. (Sec. 4, Rule to believe that the order not to frustrate
111) accused is guilty of the ends of justice.
the offense (P/Supt. Cruz v. Judge
Where the civil liability survives, it may be pursued by the charged and Areola, A.M. No. RTJ-01-
filing of a separate civil action unless otherwise waived, should be held for 1642, March 6, 2002)
reserved or instituted prior to the institution of the criminal trial.
action. (Herrera, 2007) Function Executive function Judicial function
Basis Reasonable The report and the
PRELIMINARY INVESTIGATION ground to believe supporting documents
RULE 112 that a crime has submitted by the fiscal
been committed. during the preliminary
It is an inquiry or proceeding to determine whether there is investigation and the
sufficient ground to engender a well-founded belief that a supporting affidavits
crime has been committed and the respondent is probably that may be required to
guilty thereof and should be held for trial. (Sec. 1, Rule 112) be submitted.

Right to a Preliminary Investigation WHEN WARRANT OF ARREST MAY ISSUE

The holding of a preliminary investigation is not required Determination of probable cause
by the Constitution. The right thereto is of a statutory
character and may be invoked only when specifically Within 10 days from the filing of the complaint or
created by statute. (Marinas v. Siochi, G.R. No. L-25707, May information, the judge shall personally evaluate the
14, 1981) resolution of the prosecutor. In conducting the evaluation
of the resolution, the judge shall look into supporting
Waiver of the right to preliminary investigation evidence. (Sec. 5, Rule 112)

It shall be deemed waived by: Options of the judge upon the filing of Information
1. Express waiver or by silence (Herrera, 2007);
2. Failure to invoke it during arraignment (People v. De 1. Dismiss the case if the evidence on record clearly failed
Asis, G.R. No. 105581, December 7, 1993); to establish probable cause;
3. Consenting to be arraigned and entering a plea of not 2. If he or she finds probable cause, issue a warrant of
guilty without invoking the right to preliminary arrest or issue a commitment order of the accused has
investigation (People v. Bulosan, G.R. No. 58404, April 15, already been arrested pursuant to a warrant of arrest
1988); or or lawfully arrested without warrant; or
4. Failure to request for it within 5 days from the time he 3. In case of doubt as to the existence of probable cause,
learns of the filing of the complaint or information, in order the prosecutor to present additional evidence
those instances where the accused is lawfully arrested within five days from notice, the issue to be resolved
without a warrant. (Sec. 6, Rule 112) by the court within thirty days from the filing of the
information.
NOTE: The waiver, whether express or implied, must be in
a clear and unequivocal manner. (Herrera, 2007) Instances when no warrant of arrest is necessary
When preliminary investigation is required
1. If the accused is already under detention pursuant to a
GR: Before the filing of a complaint or information for an warrant of arrest issued by the municipal trial court
offense where the penalty prescribed by law is pursuant to its power to conduct preliminary
imprisonment of at least 4 years, 2 months and 1 day investigation;
without regard to the imposable fine. (Sec. 1, Rule 112)

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
2. If the accused is lawfully arrested without a warrant; ARREST, HOW MADE
or
1. By an actual restraint of a person to be arrested; or
NOTE: If the offense by which the person was arrested 2. By his submission to the custody of the person
requires a preliminary investigation, an inquest making the arrest. (Sec. 2 Rule 113)
proceeding shall be conducted.
NOTE: Arrest may be made on any day, at any time
3. If the offense is penalized by fine only. (Sec. 6[c], Rule of the day or night. (Sec.6, Rule 113)
112)
4. When there was no need for prior preliminary ARREST WITHOUT WARRANT, WHEN LAWFUL
investigation and the case is not governed by the Rules
on Summary Procedure, the judge may issue summons Instances when warrant of arrest is NOT necessary
instead of a warrant of arrest, except when he fails to
appear whenever required; and 1. Accused is already under detention;
5. When the case is subject to the Rules on Summary 2. Complaint or information was filed pursuant to a valid
Procedure, except when he fails to appear whenever warrantless arrest; and
required. 3. Complaint or information is for an offense penalized
by fine only. (Sec. 5[c], Rule 112)
REMEDIES OF ACCUSED IF THERE WAS NO
PRELIMINARY INVESTIGATION Instances of a valid warrantless arrest

1. Before the complaint or information is filed, the person 1. In flagrante delicto arrest;
arrested may ask for a preliminary investigation but he 2. Doctrine of hot pursuit; and
must sign a waiver of the provisions of Art. 125 of the 3. Escapee (Sec. 5, Rule 113); and
RPC, as amended, in the presence of his counsel; 4. Other lawful warrantless arrests:

NOTE: Art. 125 of the RPC deals with the period of a. When a person previously and lawfully arrested,
delay in the delivery of detained persons to the proper escapes or is rescued any person may immediately
judicial authorities. pursue or retake him without a warrant at any time
and in any place within the Philippines (Sec 13, Rule
Accused may file a petition for certiorari if preliminary 113);
investigation is refused; b. When an accused released on bail attempts to
depart from the Philippines without permission of
The waiver by the person lawfully arrested of the the court where the case is pending (Sec 23, Rule
provisions of Art. 125 of the RPC does not preclude him 114); and
from applying for bail; c. For the purpose of surrendering the accused, the
bondsmen may arrest him or upon written
2. After the filing of the complaint or information in court authority endorsed on a certified copy of the
without a preliminary investigation, the accused may, undertaking, cause him to be arrested by a police
within 5 days from the time he learns of its filing, ask officer or any other person of suitable age and
for a preliminary investigation with the same right to discretion (Sec 23, Rule 114)
adduce evidence as provided in the Rule (Sec. 6, Rule
112); METHOD OF ARREST
3. Refuse to enter a plea upon arraignment and object to
further proceedings upon such ground; METHOD OF ARREST EXCEPTION TO THE RULE ON
4. Raise lack of preliminary investigation as error on GIVING INFORMATION
appeal (US v. Banzuela, G.R. No. 10172, October 1, 1915) Arrest by officer by virtue of a warrant
and; (Sec. 7, Rule 113)
5. File for prohibition (Conde v. CFI, G.R. No. 21236, The officer shall inform 1. When the person to be
October 1, 1923). the person to be arrested arrested flees;
of (a) the cause of the 2. When he forcibly resists
INQUEST arrest; and (b) the fact before the officer has an
that the warrant has opportunity to inform
It is an informal and summary investigation conducted by a been issued for his him; and
public prosecutor in criminal cases involving persons arrest. 3. When the giving of such
arrested and detained without the benefit of a warrant of information will imperil
arrest. It is informal and summary and is issued by the court NOTE: The officer need the arrest.
for the purpose of determining whether or not said persons not have the warrant in
should remain under custody and correspondingly be his possession at the time
charged in court. (Sec. 1, DOJ Circular No. 61) of the arrest but must
show the same after the
PRELIMINARY INQUEST PROCEEDING arrest, if the person
INVESTIGATION arrested so requires.
Conducted to To determine whether the (Section 7, Rule 113)
determine probable accused should remain under
cause. custody and be charged in court. It must also be noted that
warrant is not
ARREST jurisdictional.
RULE 113


2021 GOLDEN NOTES 2021 & 2022
Remedial Law
The officer assigned to 5. It must be in connection with specific offense or crime.
execute the warrant of
arrest has, after the BAIL
arrest of the accused, the RULE 114
duty to deliver the
person arrested to the Conditions attached to the grant of bail
nearest police station or
jail without unnecessary 1. The undertaking shall be effective upon approval, and
delay. (Section 3, Rule unless cancelled, shall remain in force at all stages of
113) the case until promulgation of the judgment of the
Arrest by officer without a warrant Regional Trial Court, irrespective of whether the case
(Sec. 8, Rule 113) was originally filed in or appealed to it;
The officer shall inform 1. When the person to be 2. The accused shall appear before the proper court
the person to be arrested is engaged in the whenever required by the court or the Rules;
arrested of his (a) commission of an offense or 3. The failure of the accused to appear at the trial without
authority and (b) the is pursued immediately after justification and despite due notice shall be deemed a
cause of the arrest its commission; waiver of his right to be present thereat. In such case,
without a warrant 2. When he has escaped, flees, the trial may proceed in absentia; and
or forcibly resists before the 4. The bondsman shall surrender the accused to the
officer has an opportunity to court for execution of the final execution. (Sec. 2, Rule
do so inform him; and 114)
3. When the giving of such
information will imperil the WHEN A MATTER OF RIGHT; EXCEPTIONS
arrest.
Arrest by a private person Bail as a matter of right
(Sec. 9, Rule 113)
The private person 1. When the person to be 1. Before or after conviction by the MeTC, MTC, MTCC or
shall inform the person arrested is engaged in the MCTC;
to be arrested of (a) the commission of an offense or
intention to arrest him is pursued immediately after NOTE: All criminal cases under their jurisdiction are
and (b) the cause of the its commission; bailable offense because these courts have no
arrest. 2. When he has escaped, flees, jurisdiction to try cases punishable by death, reclusion
or forcibly resists before the perpetua, or life imprisonment. (Enrile v.
NOTE: The private officer has an opportunity to Sandiganbayan, G.R. No. 213847, August 18, 2015)
person must deliver do so inform him; and
the arrested person to 3. When the giving of such 2. Before conviction by the RTC of an offense not
the nearest police information will imperil the punishable by death, reclusion perpetua or life
station or jail, arrest. imprisonment (Sec. 4, Rule 114); and
otherwise, he may be 3. Before final conviction by all children in conflict with
held criminally liable the law for an offense not punishable by reclusion
for illegal detention. perpetua or life imprisonment.

Consequences of Illegal Arrests WHEN A MATTER OF DISCRETION (2017 BAR)

1. The court does not acquire jurisdiction over the 1. Upon conviction by the RTC of an offense not
person of the accused; punishable by death, reclusion perpetua or life
2. Law enforcers incur criminal liability for the illegal imprisonment;
arrest; 2. Regardless of the stage of the criminal prosecution, a
3. Any search incident to the arrest becomes invalid person charged with a capital offense, or an offense
rendering the evidence acquired as constitutionally punishable by reclusion perpetua or life imprisonment,
inadmissible; (Veridiano v. People, G.R. No. 200370, when evidence of guilt is not strong (Sec. 7, Rule 114);
June 7, 2017, as penned by J. Leonen) and
4. The documents, things or articles seized following the 3. A child in conflict with the law charged with an offense
illegal arrest are inadmissible in evidence; punishable by death, reclusion perpetua or life
5. Arresting officer may be held civilly liable for the imprisonment when evidence of guilt is not strong.
damages under Art. 32, NCC; and (Sec. 28, A.M. No. 02-1-18-SC)
6. He may also be held administratively liable.
APPLICATION NOT A BAR TO OBJECTIONS IN ILLEGAL
REQUISITES OF A VALID WARRANT OF ARREST ARREST, LACK OF OR IRREGULAR PRELIMINARY
INVESTIGATION
1. Issued upon probable cause;
2. Probable cause is to be determined personally by the An application for bail is not a bar to objections in illegal
judge after examination under oath of the complainant arrest or irregularity or lack of preliminary investigation,
and the witnesses he may produce; provided that he raises them before entering his plea. The
3. The judge must personally evaluate the report of the court shall resolve the matter as early as possible, not later
prosecutor and the evidence adduced during the than the start of the trial on the case. (Sec. 26, Rule 114)
preliminary examination (Soliven v. Makasiar, G.R. No.
L-82585, November 14, 1988); HOLD DEPARTURE ORDER
4. The warrant must particularly describe the person to AND BUREAU OF IMMIGRATION WATCHLIST
be arrested; and

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Remedial Law
An accused released on bail may be re-arrested without the within 60 days from commencement of the trial and to
necessity of a warrant if he attempts to depart from the be decided within 30 days from the submission of the
Philippines without permission of the court where the case case.
is pending. (Sec 23, Rule 114)
Absence of arraignment
Hold Departure Order (HDO)
GR: Judgment is void if accused has not been validly
It is an order issued by the Secretary of Justice or the proper arraigned.
RTC commanding the Commissioner of the Bureau of
Immigration to prevent the departure for abroad of XPN: If accused went into trial without being arraigned, the
Filipinos and/ or aliens named therein by including them in procedural defect was cured. The active participation in
the Bureau’s Hold Departure List. (DOJ Dept. Order No. 17) hearing is a clear indication that the accused is fully aware
of the charges against him. (People v. Pangilinan, G.R. No.
NOTE: The proper court may issue an HDO or direct the 171020, March 14, 2007) In such case, an arraignment may
Department of Foreign Affairs to cancel the passport of the be made after the case has been submitted for decision.
accused. This is a case of a valid restriction on a person’s
right to travel so that he may be dealt with in accordance NOTE: If the accused has not been arraigned, he cannot be
with the law. (Silverio v. CA, G.R. No. 94284, April 8, 1991) tried in absentia. (Sec. 14(2), Art. III, 1987 Constitution)

Who may issue an HDO WHEN SHOULD PLEA OF NOT GUILTY BE ENTERED

1. The RTC pursuant to SC Circular 39-97; or 1. When the accused so pleaded;
2. The RTC, sitting as a Family Court pursuant to A.M. No. 2. When he refuses to plead (Sec. 1[c], Rule 116);
02-11-12-SC; 3. When he enters a conditional plea of guilty (Sec. 1[c],
Rule 116);
NOTE: The DOJ Circular No. 41 granting the DOJ the power
to issue an HDO was held to be unconstitutional as it is NOTE: A plea of guilt subject to a proviso that a certain
violative of the person’s right to travel as enshrined in our penalty be imposed upon the accused is equivalent to a plea
constitution. (Genuino v. De Lima, G.R. No. 197930, April 17, of not guilty and would, therefore require a full-blown trial.
2018) (People vs. Magat, G.R. No. 130026, May 31, 2000)

ARRAIGNMENT AND PLEA 4. Where after a plea of guilty but presents exculpatory
RULE 116 circumstances, his plea shall be deemed withdrawn
and a plea of not guilty shall be entered for him (Sec.
Arraignment is a proceeding in a criminal case, the object of 1[d], Rule 116); or
which is to fix the identity of the accused, to inform him of 5. When the plea is indefinite or ambiguous.
the charge and to give him an opportunity to plead, or to
obtain from the accused his answer, in other words, his plea Plea of guilty
to the information.
It is an unconditional plea of guilt which admits the truth of
The arraignment is made in open court by the judge or clerk the material facts and all the attendant (e.g. aggravating)
by furnishing the accused with a copy of the complaint or circumstances alleged in the information. (People v. Koloh
information, reading the same in the language or dialect Pohong, G.R. No. L-32332, August 15, 1973)
known to him, and asking him whether he pleads guilty or
not guilty. (Sec. 1[a], Rule 116) NOTE: A plea of guilty shall be definite, unambiguous, and
absolute, otherwise, it shall be considered as a plea of not
Period of arraignment guilty.

GR: Arraignment shall be made within 30 days from the WHEN MAY ACCUSED ENTER A PLEA OF GUILTY TO A
date the court acquires jurisdiction over the person of the LESSER OFFENSE
accused. (Sec. 1[g], Rule 116)
NOTE: The time of the pendency of a motion to quash or for The accused, with the consent of the offended party and the
a bill of particulars or other causes justifying suspension of prosecutor, may plead guilty to a lesser offense which is
the arraignment shall be excluded in computing the period. necessarily included in the offense charged. (Sec. 2, Rule
116)
XPNs:
1. When an accused is under preventive detention, his Requisites for a plea of guilty to a lesser offense made
case should be raffled within 3 days from filing and at the arraignment
accused shall be arraigned within 10 days from receipt
by the judge of the records of the case (RA 8493 Speedy 1. The lesser offense is necessarily included in the
Trial Act); offense charged; and
2. Where the complainant is about to depart from the 2. The plea must be with the consent of both the offended
Philippines with no definite date of return, the accused party and the prosecutor. (Sec. 2, Rule 116) Consent of
should be arraigned without delay; the offended party will not be required if said party,
3. Cases under RA 7610 (Child Abuse Act), the trial shall despite due notice, fails to appear during arraignment.
be commenced within 3 days from arraignment; (Riano, 2011)
4. Cases under RA 9165 (Dangerous Drugs Act); and
5. Cases under SC AO 104-96 i.e. heinous crimes, Q: May the accused enter a plea of guilty to a lower
violations of the Intellectual Property Rights law, these offense?
cases must be tried continuously until terminated
A: YES.

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
1. During arraignment to fully understand the charge against him and to plead
a. If the offended party is present, the latter must intelligently thereto;
consent with the prosecutor to the plea; and 2. There exists a valid prejudicial question;
b. That the lesser offense is necessarily included in 3. A petition for review of the resolution of the prosecutor
the offense charged. is pending at the Department of Justice or the Office of
the President (Sec. 11, Rule 116); and
2. After arraignment but before trial, provided the 4. There are pending incidents such as:
following requisites are present:
a. Motion to Quash;
a. The plea of guilty is withdrawn; b. Motion for Inhibition; or
b. The plea of not guilty and the withdrawal of the c. Motion for Bill of Particulars.
previous guilty plea shall be made before trial;
c. The lesser offense is necessarily included in the NOTE: The period of suspension shall not exceed sixty (60)
offense charged; and days counted from the filing of the petition with the
d. The plea must have the consent of the prosecutor reviewing office. (Sec. 11, Rule 116)
and the offended party. (Sec. 2, Rule 116)
MOTION TO QUASH
NOTE: No amendment of complaint or information is RULE 117
necessary. (Sec. 2, Rule 116) A conviction under this
plea shall be equivalent to a conviction of the offense Period to file motion to quash an information or
charged for purposes of double jeopardy. (People v. complaint
Magat, G.R. No. 130026, May 31, 2000)
GR: At any time before entering his plea, the accused may
3. During Pre-trial- Under Sec. 1(a), Rule 118, Plea- move to quash the complaint or information. (Sec. 1, Rule
bargaining is one of the matters to be considered. 117)
4. After prosecution rests – Allowed only when the
prosecution does not have sufficient evidence to XPNs: Instances where a motion to quash may be filed after
establish guilt for the crime charged. entering plea:
1. The facts charged do not constitute an offense;
ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, 2. Lack of jurisdiction over the offense charged;
WHAT THE COURT SHOULD DO 3. The criminal action or liability has been
extinguished; and
Duty of the court after the accused pleads guilty to a 4. Double Jeopardy. (Sec. 9, Rule 117)
capital offense
NOTE: These grounds may be invoked at any stage of the
When the accused pleads guilty to a capital offense, the proceedings.
court shall:

1. Conduct a searching inquiry into the: GROUNDS
a. Voluntariness of the plea, and [F-O-P-A-C-M-E-L-D]
b. Full comprehension of the consequences of the
plea; 1. The Facts charged do not constitute an offense
It is fundamental that the complaint or information must
2. Require the prosecution to prove guilt and the precise state every fact necessary to make out an offense for the
degree of his culpability; and Constitution guarantees that in all criminal prosecutions
3. Ask the accused if he desires to present evidence in his the accused should be informed of the nature and cause of
behalf and allow him to do so if he desires. the accusation against him (Sec. 14 [2] Art. III, 1987
Constitution).
NOTE: The defendant after pleading guilty may not present
evidence as would exonerate him completely from criminal
2. Lack of jurisdiction over the Offense charged
liability such as proof of self-defense.
If the trial court has no jurisdiction, but the case was tried

and decided upon the theory that it had jurisdiction, the
This procedure is mandatory, and a judge who fails to
parties are not barred, on appeal, from assailing such
observe it commits grave abuse of discretion. The reason
jurisdiction, for the same must exist as a matter of law, and
for this strictness is to assure that the State makes no
may not be conferred by consent of the parties or by
mistake in taking life except the life of the guilty. (People v.
estoppel.
Diaz, G.R. No. 119073, March 13, 1996)

Jurisdiction over the offense charged may also be
IMPROVIDENT PLEA
considered as jurisdiction over the subject matter, which is

the power to adjudge concerning the general question
It is a plea without information as to all the circumstances
involved. (Herrera v. Barreto, GR. No. 8692, September 10,
affecting it. It is based upon a mistaken assumption or
1913)
misleading information or advice. (Black’s Law Dictionary)

GROUNDS FOR SUSPENSION OF ARRAIGNMENT

Upon motion by the proper party, the arraignment shall be
suspended in the following cases:

1. The accused appears to be suffering from an unsound
mental condition which effectively renders him unable

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
Filed before the defendant Filed after the prosecution
3. Lack of jurisdiction over the Person of the accused enters his plea. has rested its case.
Jurisdiction over the person is that acquired by the Does not go into the merits Based on the ground of
voluntary appearance of a party in court and his submission
of the case but is anchored insufficiency of evidence
to its authority, or by the coercive power of legal process
on matters not directly adduced by the prosecution
exerted over the person through an arrest. Unlike related to the question of in support of the accusation.
jurisdiction over the subject matter and territory, guilt or innocence of the
jurisdiction over the person of the accused may be waived, accused.
either expressly or by implication.
Governed by Rule 117 of the Governed by Rule 119 of the
Rules of Court. Rules of Court.
4. Lack of Authority of the officer to file information Does not require a prior May be filed by the accused
Criminal prosecutions are brought by authority of the leave of court. either with leave or without
sovereign, and, therefore, only the officers possessed of leave of court.
legal power to do so must be allowed to file criminal When it is granted, An order granting the
information. dismissal of the case will not demurrer to evidence
necessarily follow. The operates as an acquittal. Any
5. When the complaint or information does not court may even order the subsequent prosecution of
Conform substantially to the prescribed form filing of a new complaint or the same offense would
Lack of substantial compliance with the requirements for a information because an tantamount to double
good complaint or information required under Secs. 3 to 13, order sustaining the motion jeopardy. (People vs. Laguio,
Rule 110 render the accusatory pleading quashable. is generally not a bar to G.R. No. 128587, March 16,
another prosecution, (Sec. 2007)
6. Multiplicity of offenses charged 5-6, Rule 116)
A complaint or information must charge only one offense, If the court, in denying the The order denying the
except when the law prescribes a single punishment for motion to dismiss or motion motion for leave to file a
various offenses. (Sec. 13, Rule 110) to quash acts without or in demurrer or the demurrer
excess of jurisdiction or itself shall not be reviewable
with grave abuse of by appeal or by certiorari
7. Extinction of criminal action or liability
discretion, then certiorari before judgment. (Sec. 23,
Under Art. 89 of the RPC, criminal liability is totally
or prohibition lies. (Lazarte Rule 119)
extinguished by:
v. Sandiganbayan, G.R. No.

180122, March 13, 2009)
1. The death of the convict, as to the personal penalties;

and as to pecuniary penalties, liability therefor is
DOUBLE JEOPARDY
extinguished only when the death of the offender
(RES JUDICATA IN PRISON GREY)
occurs before final judgment;

Double jeopardy, as a criminal law concept, refers to
NOTE: The death of the offended party before final
jeopardy of punishment for the same offense, suggesting
conviction will not abate prosecution where the
that double jeopardy presupposes two criminal
offense charged is one against the State involving peace
prosecutions. (Riano, 2016 citing Garcia v. Sandiganbayan,
and order as well as in private crimes. (People v. Misola,
G.R. No. L-3606, December 29, 1950) 603 SCRA 348, 361)
A person who has been convicted, acquitted or the case
against him dismissed or otherwise terminated without his
2. Service of the sentence;
express consent cannot again be charged with the same or
3. Amnesty, which completely extinguishes the penalty
identical offense.
and all its effects;

4. Absolute pardon;
5. Prescription of the crime; The Philippine Constitution does not prohibit placing a
6. Prescription of the penalty; person in jeopardy. What it prohibits is putting the accused
in double jeopardy in which he is put in danger of conviction
7. The marriage of the offended woman, as provided in
and punishment for the same offense for more than once.
Article 344 of the Revised Penal Code; and
(Riano, 2016)
8. By Pardon or express consent of the offended party to

the accused in some private crimes in Art. 344 of the
Elements of Double Jeopardy
Revised Penal Code.

1. Conviction or acquittal, or dismissal was made without
8. The complaint or information contains averments, the consent of the accused;
which if true, would constitute a Legal excuse or 2. Conviction or acquittal, or dismissal was made by a
justification court of competent jurisdiction;
Only exempting circumstances constitute a legal excuse or 3. A valid information sufficient in form and substance to
justification. Justifying circumstances such as self-defense sustain a conviction of the crime charged;
must be proven. 4. Accused enters a valid plea; and
5. The subsequent prosecution is for an offense which is:
9. Double Jeopardy a. the same as in the former complaint or
The right against double jeopardy prohibits the information;
prosecution for a crime of which he has been previously b. frustration of; or
convicted or acquitted. c. for any offense which is necessarily included in the
offense charged in the former complaint or
information.
DISTINGUISH FROM DEMURRER TO EVIDENCE
Finality-of-Acquittal Doctrine
MOTION TO QUASH DEMURRER TO EVIDENCE

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Remedial Law
GR: An acquittal rendered by a court of competent 6. Such matters as will promote a fair and expeditious trial
jurisdiction after trial on the merits is immediately final and of the criminal and civil aspects of the case. (Sec. 1, Rule
cannot be appealed. (People vs. Sandiganbayan, G.R. No. 118)
164068-69, November 19, 2013)
Plea bargaining
XPN: When the proceedings were rigged, and a sham and a
mock trial held with pre-determined judgment of acquittal, A process whereby the accused and the prosecution work
the proceedings are unlawful and void ab initio. Double out a mutually satisfactory disposition of the case subject to
jeopardy then cannot be invoked in setting aside such court approval. (Estipona Jr. vs. Lobrigo, GR No. 226679,
judgment because the prosecution was denied of due August 15, 2017)
process. (Galman vs. Sandiganbayan, 144 SCRA 43, 86-87)
TRIAL
XPN TO XPN: Where there are facts that supervened after RULE 119
the filing of the information which change the nature of the
offense. Summary of Periods

Doctrine of Supervening Fact Arraignment
a. Within 30 days from the date the court acquires
Where after the first prosecution a new fact supervenes for jurisdiction over the accused, unless a shorter period
which the defendant is responsible, which changes the is provided by special law or Supreme Court circular.
character of the offense and, together with the facts existing (Sec. 1(g), Rule 116)
at the time, constitutes a new and distinct offense, the
accused cannot be said to be in second jeopardy, if indicted b. When the accused is under preventive detention, the
for the new offense. accused shall be arraigned within 10 days from date
of raffle. (Sec. 1(e), Rule 116)
PROVISIONAL DISMISSAL Pre-trial
a. After arraignment and within 30 days from the date
It contemplates that the dismissal of the action is not
the court acquires jurisdiction over the person of the
permanent and can be revived within the period set by the
accused, unless a shorter period is provided by
Rules of Court. (Riano, 2016)
special law or Supreme Court circular. (Sec. 1, Rule

118)
Period when provisional dismissal becomes permanent
b. If the accused is under preventive detention, the pre-
1. Offenses punishable by imprisonment not exceeding trial shall be held within 10 days after arraignment.
6 years or a fine of any amount, or both - shall (Sec. 1(e), Rule 116)
become permanent 1 year after issuance of the order
Trial
without the case having been revived.
The general period applicable is 30 days from receipt of
2. Offenses punishable by imprisonment of more than 6
the pre-trial order. (Sec. 1, Rule 119)
years – shall become permanent 2 years after issuance

of the order without the case having been revived. (Sec.
Continuous Trial
8, Rule 117)

The trial once commenced, shall continue from day to day
Time-bar Rule
as far as practicable until terminated. However, it may be

postponed for a reasonable period of time for good cause.
If no revival of the case is made within the prescribed
period, the dismissal shall be removed from being (Sec. 2, Rule 119)
provisional and shall become permanent.
Time limit for the trial of criminal cases

PRE-TRIAL GR: Trial shall not exceed 180 days from the first day of
RULE 118 trial. (Sec. 2, Rule 119)

MATTERS TO BE CONSIDERED DURING PRE-TRIAL XPNs:
1. Those governed by the rules on summary procedure;
1. Plea bargaining; 2. Those where the penalty prescribed by law does not
2. Stipulation of facts; exceed 6 months imprisonment or a fine of P1,000 or
both; and
NOTE: In order for the accused to be bound, it must be 3. Those authorized by the Chief Justice of the Supreme
signed by him. Court. (Sec. 6, RA 8493, Speedy Trial Act)

3. Marking for identification of evidence of parties; Commencement of trial may be extended based on the
following conditions:
NOTE: No evidence shall be allowed to be presented and
offered during the trial other than those identified and 1. For the 180 days, for the first 12 calendar month
marked during the pre-trial except when allowed by the period from the effectivity of the law;
court for good cause shown. (I-B [2], AM No. 03-1-09-SC) 2. 120 days for the second 12-month period; and
3. 80 days for the third 12-month period. (Sec. 9, RA
4. Waiver of objections to admissibility of evidence; 8493)
5. Modification of the order of the trial if one of the
accused admits the charge but interposes a lawful INSTANCES WHEN PRESENCE OF ACCUSED IS
defense (reverse trial); and REQUIRED BY LAW

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
basis of the evidence for
In the following instances, the presence of the accused is the prosecution.
required: Grant of Demurrer
1. At arraignment and plea, whether of innocence or of The case is dismissed and the effect is an acquittal.
guilt; (Sec. 1[b], Rule 116) Motion for Leave of Court
2. During trial whenever necessary for identification The motion for leave of court
purposes; and (Sec. 1[c], Rule 115) to file a demurrer to evidence
3. At the promulgation of sentence, unless it is for a light shall specifically state its
offense, in which case, the accused may appear by grounds and shall be filed
counsel or representative. (Sec. 6, Rule 120) within a non-extendible
period of 5 days after the
Waiver of Right prosecution rests its case.
The prosecution may oppose
GR: The accused may waive his presence at the trial the motion within a non-
pursuant to the stipulations set forth in his bail. (Sec. 1 [c], extendible period of 5 days
Rule 115) from its receipt.
If leave of court is granted,
XPN: Unless his presence is specifically ordered by the the accused may file the
court for purposes of identification. (Sec. 1 [c], Rule 115) demurrer to evidence within
10 days. The prosecution
TRIAL IN ABSENTIA may however, oppose the
demurrer to evidence within
Sec. 14 (2), Art. III of the Constitution provides that trial a non-extendible period of
may proceed notwithstanding the absence of the accused 10 days from the receipt of
provided that he has been duly notified and his failure to the demurrer. (Sec. 23, Rule
appear is unjustifiable. (Parada v. Veneracion, A.M. No.RTJ- 119)
96-1353, March 11, 1997)

REVISED GUIDELINES FOR CONTINUOUS TRIAL OF
Requisites of trial in absentia:
CRIMINAL CASES

A.M. 15-06-10-SC
1. The accused has already been arraigned;

2. He has been duly notified of the trial; and
Motions
3. His failure to appear is unjustified. (Sec. 14(2), Art. III,

1987 Constitution of the Philippines; Bernardo v. People,
1. Motion for Inhibition - Motions for inhibition based
G.R. No. 166980, April 4, 2007)
on grounds provided for under Rule 137 shall be

resolved immediately or within two (2) calendar days
Effects of trial in absentia
from date of their filing.

2. Prohibited Motions - Prohibited motions shall be
The accused waives the right to present evidence and cross-
denied outright before the scheduled arraignment
examine the witnesses against him. The accused’s waiver
without need of comment and/ or opposition.
does not mean, however, that the prosecution is deprived of

the right to require the presence of the accused for
The following motions are prohibited: (JuDePre-
purposes of identification by the witnesses which is vital for
ReQua-BiSu-SuPo)
conviction of the accused, except where he unqualifiedly

admits in open court after his arraignment that he is the
person named as defendant in the case on trial. a. Motion for judicial determination of probable
cause.
b. Motion for preliminary investigation filed beyond
DEMURRER TO EVIDENCE
the five (5)-day reglementary period in inquest

proceedings under Sec. 6, Rule 112, or when
RULES ON DEMURRER TO EVIDENCE
preliminary investigation is required under Sec. 8,
How made 1. Court on its own initiative; or
Rule 112, or allowed in inquest proceedings and
2. Upon filing of the accused for
the accused failed to participate in the preliminary
demurrer of evidence:
investigation despite due notice.
a. With leave of court; or

b. Without leave of court.
c. Motion for reinvestigation of the prosecutor
When made After the prosecution rests its case. recommending the filing of information once the
Ground Insufficiency of evidence information has been filed before the court
Effect The court may dismiss the case. (Sec. 23, i. if the motion is filed without prior leave of
Rule 119) court;
ii. when preliminary investigation is not
DEMURRER WITH LEAVE DEMURRER WITHOUT required under Sec. 8, Rule 112; and
OF COURT LEAVE OF COURT iii. when the regular preliminary investigation
Denial of Demurrer is required and has been actually conducted,
The accused may proceed It is tantamount to a and the grounds relied upon in the motion
with the presentation of his waiver of the accused’s are not meritorious, such as issues of
evidence. right to present evidence credibility, admissibility of evidence,
and as a consequence the innocence of the accused, or lack of due
case will be submitted process when the accused was actually
for judgment on the notified, among others.


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d. Motion to quash information when the ground is JUDGMENT
not one of those stated in Sec. 3, Rule 117. RULE 120
e. Motion for bill of particulars that does not conform
to Sec. 9, Rule 116. REQUISITES OF A JUDGMENT
f. Motion to suspend the arraignment based on
grounds not stated under Sec. 11, Rule 116. 1. Written in official language;
g. Petition to suspend the criminal action on the 2. Personally and directly prepared by the judge;
ground of prejudicial question, when no civil case 3. Signed by the judge; and
has been filed, pursuant to Sec. 7, Rule 111. 4. Contains clearly and distinctly a statement of the facts
h. Motion for postponement, except if it is based on and the law upon which it is based. (Sec. 1, Rule 120)
acts of God, force majeure or physical inability of
the witness to appear and testify. CONTENTS OF JUDGMENT

3. Meritorious Motions - Motions that allege plausible The judgment must state:
grounds supported by relevant documents and/ or 1. If of conviction:
competent evidence, except those that are already
covered by the Revised Guidelines, are meritorious a. Legal qualification of the offense constituted
motions, such as: by the acts committed by the accused, and the
aggravating or mitigating circumstances
a. Motion to withdraw information, or to attending its commission;
downgrade the charge in the original b. Participation of the accused whether as
information, or to exclude an accused originally principal, accomplice or accessory;
charged therein, filed by the prosecution as a c. Penalty imposed upon the accused; and
result of a reinvestigation, reconsideration, and d. Civil liability or damages caused by the
review; wrongful act or omission unless a separate
b. Motion to quash warrant of arrest; civil action has been reserved or waived. (Sec.
c. Motion to suspend arraignment on the ground 2, Rule 120)
of an unsound mental condition (Sec. 11 [a], Rule
116); 2. If of acquittal:
d. Motion to suspend proceedings on the ground a. Whether the evidence of the prosecution
of a prejudicial question where a civil case was absolutely failed to prove the guilt of the
filed prior to the criminal case (Sec. 11 [b], Rule accused or merely failed to prove his guilt
116); beyond reasonable doubt; and
e. Motion to quash information on the grounds b. In either case, the judgment shall determine if
that the facts charged do not constitute an the act or omission from which the civil
offense, lack of jurisdiction, extinction of liability might arise did exist. (Sec. 2, Rule 120)
criminal action or liability, or double jeopardy
(Sec. 3, pars. [a], [b], [g], and [i] Rule 117); Variance doctrine
f. Motion to discharge accused as a state witness
(Sec. 17, Rule 119); GR: An accused can be convicted of an offense only when it
g. Motion to quash search warrant under (Sec. 14, is both charged and proved.
Rule 126) or motion to suppress evidence; and
h. Motion to dismiss on the ground that the XPN: When the offense as charged is included in or
criminal case is a Strategic Lawsuit Against necessarily includes the offense proved, the accused shall
Public Participation (SLAPP) under Rule 6 of the be convicted of the offense proved which is included in the
Rules of Procedure for Environmental Cases. offense charged, or of the offense charged which is included
in the offense proved. (Sec. 4, Rule 120)
Rules on Motion for Postponement
NOTE: The accused can be convicted of an offense only
1. A motion for postponement may be written or oral; when it is both charged and proven.
2. It shall be at all times accompanied by the original
receipt from the Office of the Clerk of Court evidencing The mere fact that the evidence presented would indicate
payment of the postponement fee under Sec. 21 (b), that a lesser offense outside the court’s jurisdiction was
Rule 141; committed does not deprive the court of its jurisdiction,
3. The original receipt of payment shall be submitted to which had vested in it under the allegations in the
either at the time of the filing of said motion or not information. (People v. Ocaya, G.R. No. L-47448, May 17,
later than the next hearing date; and 1987)
4. The Clerk of Court shall not accept the motion unless
accompanied by the original receipt. PROMULGATION OF JUDGMENT; INSTANCES OF
PROMULGATION OF JUDGMENT IN ABSENTIA
GR: Motion for postponement is prohibited.
Effects of the absence of the accused in the
XPN: If it is based on acts of God, force majeure or physical promulgation of judgment; remedies
inability of the witness to appear and testify.
If judgment is one of conviction and the accused is absent
NOTE: If the motion is granted based on such exceptions, without justifiable cause, the court shall order his arrest
the moving party shall be warned that the presentation of and he shall lose the remedies available in the rules against
its evidence must still be finished on the dates previously the judgment and his bail shall be forfeited.
agreed upon.


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However, the accused may surrender and file a motion for Any party may appeal from a judgment or final order, unless
leave of court to avail of these remedies within 15 days from the accused will be placed in double jeopardy. (Sec. 1, Rule
the promulgation of judgment. 122)
If such motion is granted, he may avail of these remedies
within 15 days from notice of such order granting the Effect of appeal by the accused
motion. (Sec. 6, Rule 120) He must however, state the
reasons for his absence at the promulgation and prove that When the accused appeals his conviction, he waives the
his absence was for a justifiable cause. protection on the prohibition against double jeopardy and
runs the risk of being sentenced to a penalty higher than
NEW TRIAL OR RECONSIDERATION that imposed by the trial court. (Philippine Rabbit Bus Lines,
RULE 121 Inc. v. People, GR No. 147703 April 14, 2004)

GROUNDS FOR NEW TRIAL Q: May the prosecution appeal a judgment of acquittal?

1. Errors of law have been committed during the trial; A:
2. Irregularities prejudicial to the substantial rights of GR: NO. The accused would be subjected to double jeopardy.
the accused have been committed during the trial; or
3. New and material evidence has been discovered which XPNs:
the accused could not, with reasonable diligence, have 1. If the dismissal is made upon motion or with the
discovered and produced at the trial and which if express consent of the accused;
introduced and admitted would probably change the
judgment. (Sec. 2, Rule 121) XPNs to the XPN:

GROUNDS FOR RECONSIDERATION a. Insufficiency of the prosecution evidence; or
b. Violation of the accused’s right to speedy trial.
Grounds
1. Errors of law in the judgment which requires no 2. If the dismissal is not an acquittal or based upon
further proceedings; or consideration of the evidence on the merits;
2. Errors of fact in the judgment which requires no 3. If the question is purely legal so that should the
further proceedings. (Sec. 3, Rule 121) dismissal be found incorrect, the case shall be
remanded for further proceedings to determine the
Recantation vs. Desistance guilt or innocence of the accused; and
4. If there is a showing of grave abuse of discretion
RECANTATION AFFIDAVIT OF amounting to lack or excess of jurisdiction, certiorari
DESISTANCE under Rule 65 may be available.
A witness who previously The complainant states that
gave a testimony he did not really intend to Modes of appeal
subsequently declares institute the case and he is
that his statements are no longer interested in Modes of appeal that may be taken from a judgment
untrue publicly. (People v. testifying or prosecuting. convicting the accused are:
Ballabare, G.R. No. 1. The accused may seek a review of said judgment as
108871, November 19, regards both criminal and civil actions; or
1996) 2. The private offended party may appeal only with
GR: It is not a ground for It is not by itself a ground for respect to the civil action either because the lower
granting a new trial and dismissal of the action. court has refused or failed to award damages or
are hardly given weight (People v. Ramirez, G.R. Nos. because the award made is unsatisfactory to him.
150079-80, June 10, 2004)
XPN: When there is no Modes of review recognized by the Rules of Court:
evidence sustaining the It is merely an additional 1. Ordinary appeal;
judgment of conviction ground to buttress the 2. Petition for review;
other than the testimony defense and not a sole 3. Petition for review on certiorari; and
of the recanting witness. consideration for acquittal. 4. Automatic appeal.
(Tan Ang Bun v. CA, G.R. (People v. Ballabare, G.R. No.
No. L-47747, February 15, 108871, November 19, 1996) Death of the accused pending appeal
1990)
Upon the death of the accused pending appeal of his
conviction, the criminal action is extinguished inasmuch
The Neypes rule (Fresh Period Rule)
as there is no longer a defendant to stand as the accused;
the civil action instituted therein for the recovery of civil
The period for appeal is not only within 15 days from notice
liability ex delicto is ipso facto extinguished, grounded as it
of the judgment but also within 15 days from notice of the
is on the criminal action. (People v. Paras, G.R. No. 192912,
final order appealed from.
October 3, 2014)
NOTE: A fresh period of 15 days to appeal is counted from
the denial of the motion for reconsideration or new trial. WHERE TO APPEAL
(Neypes v. CA, G.R. No. 141524, September 14, 2005)
Appeals shall be taken before the:

APPEAL
1. To the RTC, in cases decided by the MTC, MTCC, MeTC,
RULE 122
or MCTC;
2. To the CA or to the SC in the proper cases provided by
Who may appeal law, in cases decided by the RTC;

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Remedial Law
3. To the SC, in cases decided by the CA (Sec. 2, Rule 122); Probable cause for a search warrant is the existence of such
4. To the SC, in cases decided by CTA En Banc (Sec. 1 Rule facts and circumstances which would lead a reasonably
116; A.M. No. 05-11-07-CTA); discreet and prudent man to believe that an offense has
5. To the SC, in cases decided by Sandiganbayan. (Sec. 1, been committed and that the objects sought in connection
Rule 45) with the offense are in the place to be searched. (Century
Chinese Medicine Co. v. People, 709 SCRA 177, 192; See also
Probation People v. Breis, G.R. No. 205823, August 17, 2015)

The court may, after it shall have convicted and sentenced a How the examination shall be conducted by the judge
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the 1. Must be personally conducted by the judge;
defendant on probation for such period and conditions it 2. Must be in the form of searching questions and
may deem best. No application for probation shall be answers;
entertained or granted if the defendant has perfected an 3. The complainant and the witnesses shall be examined
appeal from the judgment of conviction. (Sec. 4, PD 968 as on those facts personally known to them;
amended) Therefore, that an appeal should not bar the 4. The statements must be in writing and under oath; and
accused from applying for probation if the appeal is taken 5. The sworn statements of the complainant and the
solely to reduce the penalty (in order to “qualify” for witnesses, together with the affidavits submitted, shall
probation) is contrary to the clear and express mandate of be attached to the record. (Sec. 5, Rule 126)
the law. (Boado, 2015)
PROBABLE CAUSE TO PROBABLE CAUSE TO
NOTE: Appeal and probation are mutually exclusive ARREST SEARCH
remedies. Implicit in an application for probation is an In determining probable Probable cause to search
admission of guilt. (Almero v. People, GR No. 188191, March cause to arrest, the judge requires facts to show that
12, 2014) must have sufficient facts in particular things connected
his hands that would tend with a crime are found in a
SEARCH AND SEIZURE to show that a crime has specific location.
RULE 126 been committed and that a
particular person
WARRANT OF ARREST SEARCH WARRANT committed it.
Order directed to the peace Order in writing in the
officer to execute the name of the People of the PARTICULARITY OF PLACE TO BE SEARCHED AND
warrant by taking the Philippines signed by the THINGS TO BE SEIZED
person stated therein into judge and directed to the Tests to determine particularity of the place to be
custody so that he may be peace officer to search searched
bound to answer for the personal property
commission of the offense. described therein and to 1. When the description therein is as specific as the
bring it to court. ordinary circumstance will allow (People v. Rubio, G.R.
Does not become stale. Valid for 10 days only. No. L-35500, October 27, 1932);
May be served on any day To be served only in 2. When the description expresses a conclusion of fact,
and at any time of day or daytime unless the affidavit not of law which the warrant officer may be guided in
night. alleges that the property is making the search and seizure; and
on the person or in the place 3. When the things described therein are limited to those
to be searched. which bear direct relation to the offense for which the
Searching examination of The judge must personally warrant is being issued.
witnesses is not necessary. conduct an examination of
the complainant and the PERSONAL PROPERTY TO BE SEIZED
witnesses.
Judge is merely called upon Examination must be A search warrant may be issued for search and seizure of
to examine and evaluate the probing. Not enough to the following:
report of the prosecutor merely adopt the questions
and the evidence. and answers asked by a 1. Personal property subject of the offense;
previous investigator. 2. Personal property stolen or embezzled and other
Concerned with the seizure Concerned with the seizure proceeds, or fruits of the offense; or
of a person so he may be of personal property 3. Personal property used or intended to be used as a
made to answer for the subject of the offense, means of committing an offense.

commission of an offense. It stolen or embezzled
NOTE: It is not required that the property to be seized
involves taking of a person property, fruits of the
into custody. offense, or those intended should be owned by the person against whom the search
to be used to commit an warrant is directed. It is sufficient that the person against
offense. whom the warrant is directed has control or possession of
the property sought to be seized. (Burgos v. Chief of Staff,
Presupposes the existence Does not require the
G.R. No. L-65332, December 26, 1984)
of a pending criminal case existence of a criminal case.

that gave rise to the It may be issued prior to the
Human remains as subject of a search warrant
warrant. filing of the case.

Human remains can be a subject of a search warrant, since
PROBABLE CAUSE FOR THE ISSUANCE OF SEARCH
“personal property” refers to the thing’s mobility, and not
WARRANT
its capacity to be owned or alienated by a particular person.

Article 416 of the Civil Code states that all things which can

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
be transported from place to place are deemed to be In body checks in airports, passengers attempting to board
personal property. Considering that human remains can an aircraft routinely pass through metal detectors; their
generally be transported from place to place, considering carry-on baggage as well as checked luggage are routinely
further that they qualify under the phrase “subject of the subjected to x-ray scans. Should these procedures suggest
offense” given that they prove the crime’s corpus delicti, it the presence of suspicious objects, physical searches are
follows that they may be valid subjects of a search warrant. conducted to determine what the objects are.
(Laud v People, G.R. No. 199032, November 19, 2014)
5. Plain view doctrine;
EXCEPTIONS TO SEARCH WARRANT REQUIREMENT Objects falling in the plain view of an officer has a right to
be in the position to have that view are subject to seizure
GR: The procurement of a warrant is required before a law and may be presented as evidence.
enforcer can validly conduct a search and seizure.
For the doctrine to apply, the following requisites must be
XPNs: Instances of a valid warrantless search met:

1. Search incident to lawful arrest; a. There must have been a legal presence in the place
where the search is made;
This includes searching the person who is arrested, in order b. The evidence was discovered inadvertently by an
to find and seize the things connected with the crime as officer with a right to be where he is;
fruits or as the means by which it was committed.
NOTE: The ‘Inadvertence’ requirement means that
NOTE: In searches incident to lawful arrest, the arrest must the officer must not have known in advance of the
precede the search and the process cannot be reversed, location of the evidence and intend to seize it.
unless, the police officers have probable cause to make the Discovery should not be anticipated. (United
arrest at the outset of the search. Laboratories v. Isip, G.R. No. 163858. June 28, 2005)

2. Consented search (waiver of right); The plain view doctrine does not apply where
officers did not just accidentally discover the
Consent cannot be presumed simply because the accused evidence but actually searched for it. (Valeroso v.
failed to object to the search. To constitute a waiver, the CA, G.R. No. 164815, September 3, 2009)
following requisites must concur:
c. The evidence is immediately apparently illegal; and
a. The right exists;
b. The person involved had knowledge, actual or NOTE: To be immediately apparent, the rule does
constructive, of the existence of such rights; and not require an unduly high degree of certainty as to
c. Actual intention to relinquish such rights. (People v. the incriminating character of the evidence. “It
Burgos, G.R. No. 92739, August 2, 1991) requires merely that the seizure be presumptively
reasonable assuming that there is probable cause
3. Search of moving vehicle (Caroll doctrine); to associate the property with criminal activity;
that a nexus exists between a viewed object and
A search warrant may readily be obtained when the search criminal activity.” (United Laboratories v. Isip, G.R.
is made in a store, dwelling house or other immobile No. 163858, June 28, 2005)
structure. But it is impracticable to obtain a warrant when
the search is conducted on a mobile ship, on an aircraft, or d. There is no need for any further search to obtain the
in other motor vehicles since they can quickly be moved out evidence. (People v. Compacion, G.R. No. 124442, July 20,
of the locality or jurisdiction where the warrant must be 2001; People v. Sarap, G.R. No. 132165, March 26, 2003;
sought. (People v. Mariacos, G.R. No. 188611, June 16, 2010) People v. Go; G.R. No. 144639, September 12, 2003)

Peace officers in such cases, however, are limited to routine 6. Stop and frisk situations (Terry doctrine);
checks where the examination of the vehicle is limited to
visual inspection. When a vehicle is stopped and subjected This is a limited protective search of the outer clothing of a
to an extensive search, such would be constitutionally person to determine the presence of weapons. Probable
permissible only if the officers made it upon probable cause, cause is not required, but a genuine reason (not mere
i.e., upon a belief, reasonably arising out of circumstances suspicion) must exist, in the light of the officer’s experience
known to the seizing officer, that an automobile or other and surrounding circumstances, to warrant the belief that
vehicle contains as item, article or object which by law is the persons has concealed weapons. (Malacat v. Court of
subject to seizure and destruction. (People v. Libnao, G.R. No. Appeals, G.R. No. 123595. December 12, 1997)
136860, January 20, 2003)
Terry Doctrine
4. Checkpoints; body checks in airports;
A valid “stop” by an officer requires that he has a reasonable
Searches conducted in checkpoints are valid for as long as and articulable belief that criminal activity has happened or
they are warranted by the exigencies of public order and are is about to happen. The “frisk” made after the “stop” must
conducted in a way least intrusive to motorists. For as long be done because of a reasonable belief that the person
as the vehicle is neither searched nor its occupants stopped is in possession of a weapon that will pose danger
subjected to a body search, and the inspection of the vehicle to the officer and others. The “frisk” must be a mere pat
is limited to a visual search, said routine checks cannot be down outside the person’s outer garment and not
regarded as violative of an individual’s right against unreasonably intrusive. (Riano, 2016)
unreasonable search. (People v. Vinecario, G.R. No. 141137,
January 20, 2004) NOTE: The officer may search the outer clothing of the
person in an attempt to discover weapons which might be

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used to assault him. (Manalili v. CA, G.R. No. 113447, October 3. Signed by a judge, upon application of law
9, 1997) enforcement authorities;
4. Authorizing the latter to carry out any or all of the
7. Enforcement of custom laws; following activities:

The Collector of Customs is authorized to effect searches a. listening to;
and seizure for the enforcement of customs duties and tariff b. recording;
laws. (General Travel Services v. David, G.R. No. L-19259, c. monitoring; or
September 23, 1966) d. surveillance of the content of communications,
including procuring of the content of computer
The RTCs are devoid of any competence to pass upon the data, either directly, through access and use of a
validity or regularity of seizure and forfeiture proceedings computer system or indirectly, through the use of
conducted by the Bureau of Customs and to enjoin or electronic eavesdropping or tapping devices, at the
otherwise interfere with these proceedings. (Asian same time that the communication is occurring.
Terminals, Inc. v. Bautista-Ricafort, G.R. No. 166901, October (Sec. 5.2, A.M. 17-11-03-SC)
27, 2006)
NOTE: The verified application for a WICD, as well as the
8. Immediate control test; supporting affidavits, shall state the essential facts similar
to those in Section 4.3 of this Rule, except that the subject
Search incidental to a lawful warrantless arrest may extend matter is the communication or computer data sought to be
beyond the person where the exigencies of the situation intercepted. (Sec. 5.3, A.M. 17-11-03-SC)
justify a warrantless search for dangerous weapons and to
prevent the arrestee from destroying evidence of the crime Warrant to Search, Seize and Examine Computer Data
within reach. (People v. Musa, G.R. No. 95329, January 27, (WSSECD)
1993)
It is an order in writing issued in the name of the People of
9. Exigent and emergency circumstances; and the Philippines, signed by a judge, upon application of law
10. Inspection of buildings and other premises for the enforcement authorities, authorizing the latter to search the
enforcement of fire, sanitary, and building particular place for items to be seized and/or examined.
regulations. (Sec. 6.1, A.M. 17-11-03-SC)

REMEDIES FROM UNLAWFUL SEARCH AND SEIZURE Venue

1. Motion to quash the search warrant; The venue for criminal actions for violation of Secs. 4
2. Motion to suppress as evidence the objects illegally (Cybercrime offenses) and 5 (Other offenses) of R.A. 10175,
taken; shall be filed before the designated cybercrime court of the
3. Replevin, if the objects are legally possessed; and province or city:
4. Certiorari, where the search warrant is a patent nullity.
1. Where the offense or any of its elements is committed
NOTE: The remedies are alternative. OR
2. Where any part of the computer system used is
Rule with respect to waiver of legality and admissibility situated, OR
of a search warrant 3. Where any of the damage caused to a natural or
juridical person took place:
Objection to the legality of the search warrant, or as to the
admissibility of the evidence obtained is deemed waived Provided, that the court where the criminal action is first
where no objection of the search warrant was raised during filed shall acquire jurisdiction to the exclusion of the other
the trial of the case nor to the admissibility of the evidence courts. (Sec. 2.1, A.M. 17-11-03-SC)
obtained through said warrant. (Demaisip v. CA, G.R. No.
89393, January 25, 1991) PROVISIONAL REMEDIES
RULE 127
RULE ON CYBERCRIME WARRANTS
A.M. NO. 17-11-03-SC Availability of Provisional Remedies
Warrant to Disclose Computer Data (WDCD)
The provisional remedies in civil actions, insofar as they are
1. An order in writing; applicable, may be availed of in connection with the civil
2. Issued in the name of the People of the Philippines; action deemed instituted with the criminal action. (Sec. 1,
3. Signed by a judge, upon application of law Rule 127)
enforcement authorities (LEA);
4. Authorizing the LEA to issue an order to disclose and KINDS OF PROVISIONAL REMEDIES
accordingly, require any person or service provider to
disclose or submit subscriber's information, traffic Kinds of Provisional Remedies available in criminal
data, or relevant data in his/her or its possession or cases
control. (Sec. 4.2, A.M. 17-11-03-SC)
1. Attachment (Rule 57);
Warrant to Intercept Computer Data (WICD) 2. Preliminary injunction (Sec. 58);
3. Receivership (Rule 59);
1. In writing; 4. Replevin (Rule 60); and
2. Issued in the name of the People of the Philippines; 5. Support pendente lite (Rule 61)


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1. Rules on Electronic Evidence, e.g. compliance with

EVIDENCE authentication requirements for electronic
evidence;
2. Rule on Examination of Child Witness, e.g. sexual
Principle of Uniformity abuse shield rule; and
3. Judicial Affidavit Rule.
The rules of evidence shall be the same in all courts and in
all trials and hearings, except as otherwise provided by law DIRECT AND CIRCUMSTANTIAL EVIDENCE
or the Rules of Court.
Direct Evidence
Applicability of the Rules on Evidence
That which proves a fact without the need to make an
The rules of evidence, being part of the Rules of Court, apply inference from another fact. (Riano, 2016)
only to judicial proceedings. (Sec. 1, Rule 128)
Circumstantial Evidence or Indirect Evidence

ADMISSIBILITY OF EVIDENCE
That which proves a fact in issue indirectly through an
inference which the fact finder draws from the evidence
REQUISITES FOR ADMISSIBILITY OF EVIDENCE established. (People v. Matito, G.R. No. 144405, February 24,
2004)
1. The evidence is relevant to the issue; and
2. The evidence is competent. Difference between Direct Evidence and Circumstantial
Evidence
The rules of exclusion are rules of exception to the general The difference involves a relationship of the fact inferred to
admissibility of all that is rational and probative. the facts that constitute the offense. Their difference does
not relate to the probative value of the evidence. Direct
EXCLUSIONARY RULES evidence proves a challenged fact without drawing any
inference. Circumstantial evidence, on the other hand,
A. Constitutional exclusionary rules indirectly proves a fact in issue, such that the fact-finder
must draw an inference or reason from circumstantial
1. Unreasonable searches and seizures (Sec. 2, Art. III, evidence. (Planteras v. People, G.R. No. 238889, October 3,
1987 Constitution) 2018)
2. Privacy of communication and correspondence
(Sec. 3, Art. III, 1987 Constitution)
BURDEN OF PROOF AND BURDEN OF EVIDENCE
3. Right to counsel, prohibition on torture, force,
violence, threat, intimidation or other means which
vitiate the free will; prohibition on secret detention BURDEN OF PROOF BURDEN OF EVIDENCE
places, solitary, incommunicado (Sec. 12, Art. III, It is the duty of a party to It is the duty of a party to
1987 Constitution) present evidence on the present evidence sufficient
4. Right against self-incrimination (Sec. 17, Art. III, facts necessary to establish to establish or rebut a fact
1987 Constitution) his or her claim or defense in issue to establish prima
by the amount of evidence facie case. (Sec. 1, Rule 131,
B. Statutory exclusionary rules required by law. (Sec. 1, 2019 Amendments to the
Rule 131, 2019 Revised Rules on Evidence)
1. Lack of documentary stamp tax in documents, Amendments to the Revised
instruments, or papers required by law to be Rules on Evidence) Burden of evidence is that
stamped makes such documents inadmissible as Burden of proof or “onus logical necessity which
evidence in court until the requisite stamp/s shall probandi” traditionally rests upon a party at any
have been affixed thereto and cancelled. (Sec. 201, refers to the obligation of a particular time during the
NIRC) party to the litigation to trial to create a prima facie
2. Any communication obtained by a person, not persuade the court that he case in his favor or to
being authorized by all the parties to any private is entitled to relief. overthrow one created
communication, by tapping any wire/cable or against him.
using any other device/arrangement to secretly Duty of a party to present Duty of the party to go
overhear/intercept/record such information by evidence to establish his forward with the evidence
using any device, shall not be admissible in claim or evidence by the to overthrow the prima
evidence in any judicial/quasi- amount of evidence facie evidence against him.
judicial/legislative/administrative hearing or required by law, which is (Bautista v. Sarmiento, G.R.
investigation. (Secs. 1 and 4, R.A. No. 4200 or Anti- preponderance of No. L-45137, September, 23,
Wire Tapping Act) evidence in civil cases. 1985)
3. Any confession, admission or statement obtained (Supreme Transliner, Inc. v.
as a result of torture shall be inadmissible in CA, G.R. No. 125356,
evidence in any proceedings, except if the same is November 21, 2001)
used as evidence against a person or persons Never shifts. (Sec. 1, Rule May shift from one party to
accused of committing torture. (Section 8, RA 9745 131, 2019 Amendments to the other in the course of
or Anti Torture Act of 2009) the Revised Rules on the proceedings,
Evidence) depending on the
C. Under the Rules of Court, Rule 130 is the applicable exigencies of the case. (Sec.
rule in determining the admissibility of evidence. It remains throughout the 1, Rule 131, 2019
D. Court issuances, such as: entire case exactly where Amendments to the Revised
the pleadings originally Rules on Evidence)

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placed it or with the party 7. Res ipsa loquitur; and
upon whim it is imposed. 8. Admissions by adverse party (Rule 26)
(Republic v. Mupas, G.R. No.
181892, September 8, MATTERS OF JUDICIAL NOTICE
2015)

Generally determined by Generally determined by Judicial notice
the pleadings filed by the the developments of the
party. trial, or by the provisions It is the cognizance of certain facts which judges may
of substantive law or properly take and act upon without proof because they are
procedural rules which supposed to be known to them. It is based on considerations
may relieve the party from of expediency and convenience. It displaces evidence, being
presenting evidence of the equivalent to proof. (Regalado, 2008)
facts alleged.
Kinds of judicial notice
PRESUMPTIONS
1. Mandatory – insofar as those matters enumerated
1. Conclusive présomptions (presumptions juris et de under Sec. 1, Rule 129;
jure) - A presumption which is irrebuttable and any 2. Discretionary – on matters which are of public
evidence tending to rebut the presumption is not knowledge, or are capable of unquestionable
admissible. This presumption is in reality a rule of demonstration, or ought to be known to judges
substantive law. (Riano, 2016) because of their functions (Sec. 2, Rule 129, 2019
2. Disputable presumptions (presumptions juris Amendments to the Revised Rules on Evidence)
tantum) - This refers to a presumption which is
satisfactory if uncontradicted, but may be contradicted When judicial notice is mandatory (EPOL-APOL-MG)
and overcome by other evidence. (Sec. 3, Rule 131)
1. Existence and territorial extent of states;
QUANTUM OF EVIDENCE 2. Political history, forms of government and symbols of
nationality;
(WEIGHT AND SUFFICIENCY OF EVIDENCE)
3. Law of nations;

4. Admiralty and maritime courts of the world and their
Hierarchy of quantum of evidence
seals;

5. Political constitution and history of the Philippines;
6. Official acts of legislative, executive and judicial
departments of the National Government of the
Philippines;
7. Laws of nature;
8. Measure of time; and
9. Geographical divisions (Sec. 1, Rule 129, 2019
Amendments to the Revised Rules on Evidence)

When judicial notice is discretionary (PDF) (2005 BAR)

1. Matters which are of public knowledge;
2. Capable of unquestionable demonstration; or
3. Ought to be known to judges because of their judicial
functions. (Sec. 2, Rule 129)

JUDICIAL NOTICE OF FOREIGN LAWS,
LAW OF NATIONS AND MUNICIPAL ORDINANCE (2005
BAR)

GR: Courts cannot take judicial notice of foreign laws. They
must be alleged and proved.

XPN: When said laws are within the actual knowledge of the
court and such laws are:

JUDICIAL NOTICE AND JUDICIAL ADMISSIONS 1. Well and generally known; or
2. Actually ruled upon in other cases before it; and none
WHAT NEED NOT BE PROVED of the parties claim otherwise. (PCIB v. Escolin, G.R. Nos.
L-27860 L-278896, March 29, 1974)
1. Those of which the courts may take judicial notice
(Rule 129); Doctrine of Processual Presumption
2. Those that are judicially admitted (Rule 129);
3. Those that are conclusively presumed (Rule 131); In international law, the party who wants to have a foreign
4. Those that are disputably presumed but law applied to a dispute or case has the burden of proving
uncontradicted (Rule 131); the foreign law. Where a foreign law is not pleaded or even
5. Immaterial allegations; if pleaded, is not proved, the presumption is that the foreign
6. Facts admitted or not denied provided they have been law is same as ours. (ATCI Overseas Corporation v. Echin, G.R.
sufficiently alleged (Sec. 1, Rule 8); No. 178551, October 11, 2010)


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When a foreign law refers to the law of nations Rule 130, 2019 Amendments to the Revised Rules on
Evidence)
The Philippines adopts the generally accepted principles of
international law as part of the law of the land. (Sec. 2, Art. REQUISITES FOR ADMISSIBILITY
II, 1987 Constitution of the Philippines)
1. It must be relevant and competent;
Being part of the law of the land, they are therefore, 2. It must be authenticated;
technically in the nature of local laws and hence, are subject
to mandatory judicial notice under Sec. 1 of Rule 129. NOTE: To authenticate the object, it must be shown that the
(Riano, 2016) object is the very thing that is either the subject matter of
the lawsuit or the very one involved to prove an issue in the
JUDICIAL ADMISSIONS case.

Requisites of judicial admission 3. The authentication must be made by a competent
1. It must be made by a party to the case or his counsel; witness who should identify the object to be the actual
2. It must be made in the course of the proceedings in the thing involved; and
same case; and 4. The object must be formally offered in evidence.
3. It can be oral or written. (Sec. 4, Rule 129, 2019 (Riano, 2016)
CHAIN OF CUSTODY IN RELATION TO SECTION 21 OF
Judicial admissions vs. Extrajudicial admissions THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002
JUDICIAL ADMISSIONS EXTRAJUDICIAL
ADMISSIONS Links in the chain of custody
Those made in the course of the Those made out of
proceeding in the same case. court or in a judicial 1. Seizure and marking, if practicable, of the illegal
proceeding other drug recovered from the accused;
than the one under 2. Turnover of the illegal drug by the apprehending
consideration. officer to the investigating officer;
Do not require proof and may be Regarded as 3. Turnover by the investigating officer to the forensic
contradicted only by showing that evidence and must chemist for laboratory examination; and
it was made through palpable be offered as such, 4. Turnover and submission of the marked illegal
mistake or that the imputed otherwise the court drug by the forensic chemist to court. (People v.
admission was not, in fact, made. will not consider it Gayoso, G.R. No. 206590, March 27, 2017)
(Sec. 4, Rule 129, 2019 in deciding the case.
Amendments to the Revised Rules Procedure to be followed in the custody and handling of
on Evidence) seized dangerous drugs (Sec. 21, Art. II of R.A. 9165, as
Judicial admissions need not be Requires formal amended by R.A. 10640)
offered in evidence since it is not offer for it to be
evidence. It is superior to considered. Apprehending team shall, immediately after seizure
evidence and shall be considered and confiscation, make a physical inventory and
by the court as established. photograph of the same in the
Conclusive upon the admitter. Rebuttable. presence of:
Admissible even if self-serving. Not admissible if
self-serving.
1. Accused or the person/s from which such
Subject to cross-examination. Not subject to cross-
examination.
items were confiscated and/or seized;
2.His/her representative or counsel; WITH
EFFECT OF JUDICIAL ADMISSIONS 3. A representative of the National Prosecution
Service (NPS) OR the media; AND
1. They do not require proof; and 4. Any elected public official who shall be required to
2. They cannot be contradicted because they are sign the copies of the inventory and be given a copy.
conclusive upon the party making it. (Solivio v. CA, G.R. (Sec. 21[1], RA 9165, as amended by RA 10640; People
No. 83484, February 12, 1990) v. Santos, G.R. No.243627, 27 November 2019)

Grounds for contradicting judicial admissions
The objects seized must be submitted to PDEA for
1. Upon showing that the admission was made through
qualitative and quantitative examination within 24
palpable mistake; or
2. When it is shown that the imputed admission was not, hours from the confiscation/seizure.
in fact, made. (Sec. 4, Rule 129)
The forensic laboratory examiner is required to
OBJECT (REAL) EVIDENCE issue within 24 hours after receipt of the drugs a

certification of the forensic laboratory examination
NATURE OF OBJECT EVIDENCE (2005 BAR) results which shall be done under oath.

Object as evidence are those addressed to the senses of the After filing of the criminal case, the court shall,
court. When an object is relevant to the fact in issue, it may
within 72 hours, conduct an ocular inspection and
be exhibited to, examined or viewed by the court. (Sec. 1,

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the PDEA shall within 24 hours proceed with the planting of evidence. (People of the Philippines v. Banding,
destruction of the same. supra.)

Integrity and evidentiary value of the seized items
Dangerous Drugs Board shall then issue a sworn
certification as to the fact of destruction or burning Failure to strictly comply with rules of procedure, however,
to be submitted to the court. Also to be submitted are does not ipso facto invalidate or render void the seizure and
the representative samples (only minimum custody over the items. Minor deviations from the chain of
custody rule are justified when the prosecution is able to
quantity) of the substances in the custody of PDEA.
show that:

Strict compliance with Section 21
1. There is justifiable ground for non-compliance; and
2. The integrity and evidentiary value of the seized items
From the language of Section 21, the mandate to conduct are properly preserved (People v. Dumagay, G.R. No.
inventory and take photographs "immediately after 216753, February 7, 2018).
seizure and confiscation" necessarily means that these

shall be accomplished at the place of arrest. When this is Presumption of regularity
impracticable, the Implementing Rules and Regulations of The presumption of regularity in the performance of duties
Republic Act No. 9165 allows for two (2) other options: at cannot be applied given the flagrant procedural lapses the
the nearest police station or at the nearest office of the
police committed in handling the seized shabu and the
apprehending officer/team, whichever is practicable, in
obvious evidentiary gaps in the chain of its custody. The
case of warrantless seizures. To sanction non-compliance,
presumption applies when nothing in the record suggests
the prosecution must prove that the inventory was
that the law enforcers deviated from the standard conduct
conducted in either practicable place. (People of the of official duty required by law; where the official act is
Philippines v. Banding, G.R. No. 2333470, August 14, 2019, as
irregular on its face, the presumption cannot arise. (People
penned by J. Leonen) of the Philippines v. Holgado, G.R. No. 207992, August 11,
2014, as penned by J. Leonen)
In the case of People of the Philippines v. Ramos, the Supreme
Court ruled that the witnesses' absence at the time of DNA EVIDENCE
seizure is not a justifiable ground for not immediately
marking the items, since they should have, at the onset, Application for DNA Testing Order
been present or near the place of seizure. Since the law

requires the apprehending team to conduct the inventory in
DNA testing order may be done motu proprio or on
front of the required witnesses and immediately after
application of any person having legal interest in the matter
seizure, this necessarily means that, in buy-bust operations,
in litigation.
the required witnesses must be present at the time of

seizure. (G.R. No. 225335, August 28, 2019, as penned by J.
DNA testing order shall issue after due hearing and notice
Leonen)
to the parties upon showing that:

The phrase "immediately after seizure and confiscation"
1. A biological sample exists that is relevant to the case;
means that the physical inventory and photographing of the
2. The biological sample:
drugs were intended by the law to be made immediately

after, or at the place of apprehension. It is only when the a. was not previously subjected to the type of DNA
same is not practicable that the law allows the inventory testing now requested; or
and photographing to be done as soon as the buy-bust team b. was previously subjected to DNA testing, but the
reaches the nearest police station or the nearest office of the results may require confirmation for good reasons;
apprehending team/officer.
3. The DNA testing uses a scientifically valid technique;
Well-entrenched in jurisprudence is the rule that the 4. The DNA testing has the scientific potential to produce
conviction of the accused, must rest, not on the weakness of new information that is relevant to the proper
the defense, but on the strength of the prosecution. Since, resolution of the case; and
there is no showing that a proper inventory and taking of 5. The existence of other factors, if any, which the court
pictures was done by the apprehending officers, the Court may consider as potentially affecting the accuracy of
is left with absolutely no guarantee of the integrity of the integrity of the DNA testing.
sachets other than the self-serving assurances of the police

officers. (People of the Philippines v. Que, G.R. No. 212994,
Assessment of probative value of DNA evidence and
January 31, 2018, as penned by J. Leonen)
admissibility

Citing People v. Que, what is critical in drug cases is not the The courts must consider the following standards, known
bare conduct of the inventory, marking, and photographing. as the Vallejo Standards, in assessing the probative value
Instead, it is the certainty that the items allegedly taken of DNA evidence: (2009, 2010 BAR)
from the accused retain their integrity, even as they make

their way from the accused to an officer effecting the
a. How the samples were collected;
seizure, to an investigating officer to a forensic chemist, and
b. How they were handled;
ultimately, to courts where they are introduced as evidence.
c. The possibility of contamination of the samples;
Sec. 21(1)’s requirements are designed to make the first and d. The procedure followed in analyzing the samples;
second link foolproof. Conducting the inventory and e. Whether the proper standards and procedures
photographing immediately after seizure, exactly where the were followed in conducting the tests; and
seizure was done, or at a location as practicably close to it, f. The qualification of the analyst who conducted the
minimizes, if not eliminates, room for adulteration or tests. (People v. Vallejo, G.R. No. 144656, May 9,
2002)

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DNA is admissible evidence of paternity 2. When the original is in the custody or under the
control of the party against whom the evidence is
DNA analysis that excludes the putative father from offered, and the latter fails to produce it after
paternity should be conclusive proof of non-paternity. If the reasonable notice, or the original cannot be obtained
minimum value of the Probability of Paternity is less than by local judicial processes or procedures;
99.9%, the results of the DNA analysis should be considered 3. When the original consists of numerous accounts or
as corroborative evidence. If the value of minimum value of other documents which cannot be examined in court
the Probability of Paternity is 99.9% or higher, then there is without great loss of time and the fact sought to be
refutable presumption of paternity. (Herrera v. Alba, G.R. established from them is only the general result of the
No. 148220, June 15, 2005) whole;
4. When the original is a public record in the custody of a
DOCUMENTARY EVIDENCE public officer or is recorded in a public office; and
5. When the original is not closely-related to a controlling

Documents as evidence consist of writings, recording, issue. (Sec. 3, Rule 130, 2019 Amendments to the Revised
photographs or any material containing letters, words, Rules on Evidence)
sounds, numbers, figures, symbols, or their equivalent, or
WHEN APPLICABLE
other modes of written expressions, offered as proof of their

contents. Photographs include still pictures, drawings,
stored images, x-ray films, motion picture or videos. (Sec. 2, 1. The original document of the writing is the writing
Rule 130, 2019 Amendments to the Revised Rules on itself;
2. The contents of which is the subject of the inquiry; and
Evidence)
3. The original document must be produced if the purpose

is to prove its contents. (Tan, 2019)
REQUISITES FOR ADMISSIBILITY

The requisites for admissibility of documentary evidence MEANING OF ORIGINAL DOCUMENT AND DUPLICATE
are: (RAMO)
An “original” of a document is either:
1. the document itself; or
1. The document should be relevant;
2. any counterpart intended to have the same effect
2. The documents should be authenticated and proved in
by a person executive or issuing it.
the manner provided in the Rules of Court. Such

authentication must be done by a competent witness;
3. The documents should be identified and marked; and NOTE: An original of a photograph includes the negative or
4. They should be formally offered to the court and any print therefrom.
shown to the opposing party so that the latter may NOTE: If data is stored in a computer or similar device, any
have the opportunity to object thereto. (Ramcar, Inc. v. printout or other output readable by sight or other means,
Hi-Power Marketing, G.R. No. 157075, July 17, 2006) shown to reflect the data accurately, is an “original.” This is
considered as the “Functional Equivalent” of the original

under the Rules on Electronic Evidence
Theory of Indivisibility (Rule on Completeness)

When part of an act, declaration, conversation, writing or A “duplicate” is a counterpart produced by the same
record is given in evidence by one party, the whole of the impression as the original, or from the same matrix, or by
same subject may be inquired into by the other; and when a means of photography, including enlargements and
detached act, declaration, conversation, writing, or record miniatures, or by mechanical or electronic re-recording, or
is given in evidence, any other act, declaration, by chemical reproduction, or by other equivalent
conversation, writing or record necessary to its techniques which accurately reproduce the original.
understanding may also be given in evidence. (Sec. 17, Rule
132) GR: A duplicate is admissible to the same extent as an
original.
ORIGINAL DOCUMENT RULE
(PREVIOUSLY KNOWN AS THE BEST EVIDENCE RULE) XPNs:
1. A genuine question is raised as to the authenticity of
The “Best Evidence Rule” is a misnomer because it the original; or
2. In the circumstances, it is unjust or inequitable to
misleadingly suggests that the doctrine applies to all types
admit the duplicate in lieu of the original. (Sec. 4, Rule
of evidence. The Best Evidence Rule only applies to
documents or writings; there is no requirement that parties 130, 2019 Amendments to the Revised Rules on
introduce the best evidence bearing on other matters they Evidence)

seek to prove in court. Thus, the more accurate or apt label
for the doctrine is the “Original Document Rule.”(Rules SECONDARY EVIDENCE; SUMMARIES

Committee Notes, as cited in Peralta & Peralta, 2020)
Evidence other than the original instrument or document

itself. It is the class of evidence that is relevant to the fact in
GR: It provides that when the subject of the inquiry is the
contents of the document, writing, recording, photograph issue, it being first shown that the primary evidence of the
or other record, no evidence shall be admissible other than fact is not obtainable. It performs the same functions as that
the original document itself. of primary evidence. (EDSA Shangri-La Hotel and Resort, Inc.
v. BF Corporation, G.R. Nos. 145842 & 145873, June 27, 2008;
XPNs: (LoCus-JuN-PuC) Francisco, 1992)
1. When the original is lost, or destroyed, or cannot be
produced in court, without bad faith on the part of the Requisites before the contents of the original document
may be proved by secondary evidence (laying the
offeror;
basis/laying the predicate) (2000 BAR)


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The offeror must prove the following: all of which are shown by the testimony of the custodian or
other qualified witnesses, is excepted from the rule on
1. The execution or existence of the original document; hearsay evidence. (Sec. 1, Rule 8, A.M. No.01-07-01-SC)
2. The cause of its unavailability; and
3. The unavailability of the original is not due to bad faith NOTE; The presumption provided for in Sec. 1, Rule 8 may
on his or her part. (Sec. 5, Rule 130, 2019 Amendments be overcome by evidence of the untrustworthiness of the
to the Revised Rules on Evidence) source of information or the method or circumstances of the
preparation, transmission or storage. (Sec. 2, Rule 8, A.M.
NOTE: Accordingly, the correct order of proof is as follows: No.01-07-01-SC)
existence, execution, loss, and contents. This order may
be changed if necessary, at the sound discretion of the court. PAROL EVIDENCE RULE
(Citibank, N.A. MasterCard v. Teodoro, G.R. No. 150905,
September 23, 2003) When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed
RULES ON ELECTRONIC EVIDENCE upon and there can be, as between the parties and their
(A.M. No. 01-7-01 SC) successors-in-interest, no evidence of such terms other
Effectivity Date: August 1, 2001 than the contents of the written agreement. (Sec. 10, Rule
130, 2019 Amendments to the Revised Rules on Evidence)
ELECTRONIC DOCUMENT (2012 BAR) AND ELECTRONIC
DATA MESSAGE Requisites for the application of the rule
Electronic document
1. There must be a valid contract;
1. Information or the representation of information, data, 2. The terms of the agreement must be reduced to
figures, symbols or other modes of written expression, writing. The term “agreement” includes wills;
described or however represented, by which a right is 3. The dispute is between the parties or their successors-
established, or an obligation extinguished, or by which in-interest; and
a fact may be proved and affirmed, which is received, 4. There is dispute as to the terms of the agreement.
recorded, transmitted, stored processed, retrieved or
produced electronically; and Application of the rule to wills
2. It includes digitally signed documents and any print-
out or output, readable by sight or other means, which The parol evidence rule applies to agreements, i.e.,
accurately reflects the electronic data message or contractual obligations. However, the term “agreement”
electronic document. (Sec. 1[h], Rule 2, A.M. No. 01-07- includes wills. Therefore, there can be no evidence of the
01-SC) terms of the will other than the contents of the will itself.
(Riano, 2016)
For the document to be deemed electronic, it is important
that it be received, recorded, transmitted, stored, Exceptions to Parol Evidence Rule
processed, retrieved, or produced electronically. The Rule
does not absolutely require that that the electronic A party may present evidence to modify, explain or add to
document be initially generated or produced electronically. the terms of the written agreement if he or she puts in issue
(Riano, 2016) in a verified pleading the following: (FIVE)

Electronic data message 1. Failure of the written agreement to express the true
intent of the parties thereto (2001 BAR);
Information generated, sent, received, or stored by 2. Intrinsic ambiguity, mistake or imperfection in the
electronic, optical or similar means. (Sec. 1[f], Rule 2, A.M. written agreement;
No. 01-07-01-SC) 3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or
Admissibility their successors in interest after the execution of the
written agreement. (Sec. 10, Rule 130, 2019
1. It must comply with the rules on admissibility Amendments to the Revised Rules on Evidence)
prescribed by the Rules of Court and related laws; and
2. If must be authenticated in the manner prescribed by ORIGINAL DOCUMENT PAROL EVIDENCE
these Rules. RULE RULE
The original document is Presupposes that the
Privileged communication not available or there is a original document is
dispute as to whether said available in court
The confidential character of a privileged communication is writing is original
not denied solely on the ground that it is in the form of an Prohibits the introduction Prohibits the varying of the
electronic document. of secondary evidence in terms of a written
lieu of the original agreement
Inapplicability of the hearsay rule document regardless of
whether it varies the
A memorandum, report, record or data compilation of acts, contents of the original
events, conditions, opinions, or diagnoses, made by Applies to all kinds of Applies only to written
electronic, optical or other similar means at or near the time writings agreements (contracts) and
of or from transmission or supply of information by a wills
person with knowledge thereof, and kept in the regular Can be invoked by any party Can be invoked only when
course or conduct of a business activity, and such was the to an action whether he has the controversy is between
regular practice to make the memorandum, report, record, the parties to the written
or data compilation by electronic, optical or similar means,

2021 GOLDEN NOTES 2021 & 2022
Remedial Law
participated in the writing agreement, their privies, or Evidence even against Binds only the parties who
involved any party affected thereby third persons, of the fact executed them or their
like a cestui que trust which gave rise to its due privies, insofar as due
execution and to the date execution and date of the
AUTHENTICATION AND PROOF OF DOCUMENTS of the latter document are concerned
As to validity of certain transactions
When authentication is NOT required Certain transactions must
be contained in a public
1. The writing is an ancient document (Sec. 21, Rule 132); document; otherwise they
2. The writing is a public document or record (Sec. 19, will not be given any
Rule 132); validity.
3. The writing is a notarial document acknowledged,
proved or certified (Sec. 30, Rule 132); WHEN A PRIVATE WRITING REQUIRES
4. The genuineness and authenticity of an actionable AUTHENTICATION; PROOF OF A PRIVATE WRITING
document have not been specifically denied under
oath by an adverse party (Sec 8, Rule 8, 2019 How to prove the due execution and authenticity of a
Amendments to the Revised Rules on Evidence); private document
5. When such genuineness and due execution are
immaterial to the issue; Before any private document offered as authentic is
6. The genuineness and authenticity of the document received in evidence, its due execution and authenticity
have been admitted (Sec 4, Rule 129, 2019 Amendments must be proved by any of the following means:
to the Revised Rules on Evidence); and
7. The document is not being offered as genuine. (Sec. 20, 1. By anyone who saw the document executed or written;
Rule 132, 2019 Amendments to the Revised Rules on 2. By evidence of the genuineness of the signature or
Evidence) handwriting of the maker; or
3. By other evidence showing its due execution and
CLASSES OF DOCUMENTS authenticity,

PUBLIC DOCUMENT PRIVATE DOCUMENT Any other private document need only be identified as that
What comprises it which it is claimed to be. (Sec. 20, Rule 132, 2019
1. The written official All other writings are Amendments to the Revised Rules on Evidence)
acts, or records of the private. (Sec. 19, Rule 132,
official acts of the 2019 Amendments to the WHEN EVIDENCE OF AUTHENTICITY OF A PRIVATE
sovereign authority, Revised Rules on Evidence) WRITING IS NOT REQUIRED
official bodies and
tribunals, and public 1. When the private document is more than thirty (30)
officers, whether of the years old (ancient document/authentic document
Philippines, or of a rule) (Sec. 21, Rule 132, 2019 Amendments to the
foreign country; Revised Rules on Evidence);
2. Documents 2. When the genuineness and authenticity of an
acknowledged before a actionable document have not been specifically denied
notary public except under oath by the adverse party;
last wills and 3. When the genuineness and authenticity of the
testaments; document have been admitted; and
3. Documents that are 4. When the document is not offered as authentic as
considered public implied. (Patula v. People, G.R. No. 164457, April 11,
documents under 2012)
treaties and
conventions which are Requisites of ancient document/authentic document
in force between the rule (2011 BAR)
Philippines and the
country of source; and 1. That the private document be more than 30 years old;
4. Public records, kept in 2. That it be produced from a custody in which it would
the Philippines, of naturally be found if genuine; and
private documents 3. That it is unblemished by any alteration or
required by law to be circumstances of suspicion. (Sec. 21, Rule 132, 2019
entered therein. (Sec. Amendments to the Revised Rules on Evidence)
19, Rule 132, 2019
Amendments to the NOTE: This rule applies only if there are no other witnesses
Revised Rules on to determine authenticity.
Evidence)
As to authenticity and admissibility as evidence GENUINENESS OF HANDWRITING
Admissible as evidence Before any private
without need of further document offered as Handwriting may be proved by:
proof of its genuineness authentic is received in
and due execution evidence, its due execution 1. A witness who actually saw the person writing the
and authenticity must first instrument;
be proved. 2. A person who is familiar or has acquired
knowledge of the handwriting of such person, his
As to persons bound

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opinion as to the handwriting being an exception to agent or by any officer in the foreign service of the
the opinion rule; Philippines stationed in the foreign country in which the
3. A comparison by the court of the questioned record is kept, and authenticated by the seal of his or her
handwriting from the admitted genuine specimens office. (Sec. 24, Rule 132, 2019 Amendments to the Revised
thereof; or Rules on Evidence)
4. An expert witness. (Secs. 20 & 22, Rule 132; Sec. 52,
Rule 130, 2019 Amendments to the Revised Rules on HOW A JUDICIAL RECORD IS IMPEACHED (2009 BAR)
Evidence)
Any judicial record may be impeached by: (WCF)
NOTE: The law makes no preference, much less distinction
among and between the different means stated above in 1. Want of jurisdiction in the court or judicial officer;
proving the handwriting of a person. Courts are not bound 2. Collusion between the parties (e.g. legal separation,
to give probative value or evidentiary value to the opinions annulment cases); or
of handwriting experts, as resort to handwriting experts is 3. Fraud in the party offering the record, in respect to
not mandatory. (Heirs of Salud v. Rural Bank of Salinas, G.R. the proceedings. (Sec. 29, Rule 132, 2019
No. 202756, April 6, 2016) Amendments to the Revised Rules on Evidence)

PUBLIC DOCUMENTS AS EVIDENCE TESTIMONIAL EVIDENCE

Public documents as evidence QUALIFICATION OF A WITNESS

When a public officer in the performance of his or her duty Who may be a witness
makes an entry in the public record, the document of such
entry is deemed prima facie evidence of the facts stated in A person may be a witness if he or she:
the entry. (Sec. 24, Rule 132, 2019 Amendments to the
Revised Rules on Evidence) Its probative value may either be 1. Can perceive;
substantiated or nullified by other competent evidence. 2. Can make known his perceptions to others (Sec. 21, Rule
130, 2019 Amendments to the Revised Rules on
NOTE: Public or official records of entries made in excess of Evidence);
official duty are not admissible in evidence. As to matters 3. Must take either an oath or an affirmation; and
which the officer is not bound to record, his certificate, 4. Must not possess any of the disqualifications imposed by
being extrajudicial, is merely the statement of a private law or the rules. (Riano, 2016)
person.
Factors that do not affect the competency of a witness
PROOF OF OFFICIAL RECORD
1. Religious belief;
Official records are written official acts, or records of the 2. Political belief;
official acts of the sovereign authority, official bodies and 3. Interest in the outcome of the case; or
tribunals, and public officers, e.g. a written foreign law. 4. Conviction of a crime, unless otherwise provided by
Official records may be evidenced by: law. (Sec. 21, Rule 130, 2019 Revised Rules on Evidence)

1. If it is within the Philippines: COMPETENCY CREDIBILITY
a. An official publication thereof; or OF WITNESS OF WITNESS
b. By a copy attested by the officer having the legal Refers to the basic Refers to the believability
custody of the record, or by his deputy. (Sec. 24, qualifications of a witness. of a witness.
Rule 132, 2019 Amendments to the Revised Rules on
It is a matter of law or a Refers to the weight and
Evidence)
matter of rule. trustworthiness or

reliability of the testimony.
2. If the office in which the record is kept is in a foreign
It also includes the absence
country,
of any of the
a. An official publication thereof; or
disqualifications imposed
b. By a copy attested by the officer having the legal
upon a witness.
custody of the record, or by his deputy AND a

certificate that such officer has the custody.
DISQUALIFICATIONS OF WITNESSES
(Apostille Certificate or its equivalent) (Sec. 24,

1. Disqualification by reason of marriage or the Marital
Evidence)
Disqualification Rule (Sec. 23, Rule 130, 2019

Amendments to the Revised Rules on Evidence);
NOTE: If the office in which the record is kept is in a foreign
2. Disqualification by reason of privileged
country, which is a contracting party to a treaty or
communication:
convention to which the Philippines is also a party, or

considered a public document under such treaty or
a. Marital privilege;
convention pursuant to paragraph (c) of Section 19, the
b. Attorney-client privilege;
certificate or its equivalent shall be in the form prescribed
c. Doctor-patient privilege;
by such treaty or convention subject to reciprocity granted
d. Minister-penitent privilege; or
to public documents originating from the Philippines.
e. Public officer as regards communications made in

official confidence. (Sec. 24, Rule 130, 2019
For documents originating from a foreign country which is
not a contracting party to a treaty or convention, the

certificate may be made by a secretary of the embassy or
DISQUALIFICATION BY REASON OF MARRIAGE
legation, consul general, consul, vice-consul, or consular

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(MARITAL DISQUALIFICATION/
SPOUSAL IMMUNITY RULE) DISQUALIFICATION BY DISQUALIFICATION BY
REASON OF MARRIAGE REASON OF MARITAL
Requisites for the applicability of spousal immunity (SEC. 23) PRIVILEGE
(SEC. 24[A])
1. That the spouse for or against whom the testimony of When can be invoked
the other is offered is a party to the case; Can be invoked only if one Can be claimed whether the
2. That the spouses are legally married (valid until of the spouses is a party other spouse is a party to the
annulled); to the action. action.
3. That the testimony is offered during the existence of Coverage
the marriage; and Includes facts, Only to confidential
4. That the case is not by one against the other. (Herrera, occurrences or information received during
1999) information even prior to the marriage.
the marriage.
Exceptions to spousal immunity Duration
Applies only if the Can be claimed even after the
1. Consent is given by the party-spouse; marriage is existing at the marriage has been dissolved.
2. In a civil case filed by one against the other; time the testimony is
3. In a criminal case for a crime committed by one against offered.
the other or the latter’s direct descendants or Limitations
ascendants (Sec. 23, Rule 130);
Constitutes a total Applies only to
4. Where the testimony was made after the dissolution of
prohibition against any confidential communications
the marriage (Riano, 2016); or
testimony for or against between the spouses.
5. Where the spouse-party fails to raise the
the spouse of the witness. (Regalado, 2008)
disqualification, it is deemed a waiver.
Can no longer be invoked The spouse affected by the
Waiver of spousal immunity once the marriage is disclosure of the information
dissolved. or testimony may object even
Objections to the competency of a husband or wife to testify after the dissolution of the
in a criminal prosecution against the other may be waived marriage. (Riano, 2016)
as in the case of the other witnesses generally. Thus, the
accused waives his or her privilege by calling the other NOTE: It is not affected by
spouse as a witness for him or her. It is also true that the death of the other spouse.
objection to the spouse's competency must be made when In both cases, it is essential that the marriage be valid in
he or she is first offered as witness, and that the order to claim such privilege.
incompetency may be waived by the failure of the accused
to make timely objection to the admission of the spouse's ATTORNEY AND CLIENT
testimony, although knowing of such incompetency, and the [SEC. 24(B), RULE 130]
testimony admitted. (People v. Francisco, 78 Phil. 694, citing
3 Wharton's Criminal Evidence, 11th Ed., Section 1205, pp. Requisites for the privilege
2060-2061)
1. There must be a communication made by the client to
DISQUALIFICATION BY REASON OF the attorney, or and advice given by the attorney to his
PRIVILEGED COMMUNICATIONS client;
2. The communication or advice must be given in
HUSBAND AND WIFE confidence; and
(SEC. 24[A], RULE 130) 3. The communication or advice must be given either in
the course of the professional employment or with a
Requisites for the application of marital privilege view of professional employment. (Riano, 2016)

1. There must be a valid marriage between the husband Waiver of Attorney-Client Privilege
and wife;
2. There is a communication received in confidence by The privilege belongs to the client and if he waives the
one from the other; privilege, no one else, including the attorney, can invoke it.
3. The confidential communication was received during (Riano, 2016, citing In Re: Young’s Estate, 33 Utah 382, 94 P
the marriage (Riano, 2016); and 731, 732)
4. The spouse against whom such evidence is being
offered has not given his or her consent to such PHYSICIAN AND PATIENT
testimony. (Regalado, 2008) [SEC. 24(C), RULE 130]

Cases when marital privilege is NOT applicable Requisites for the applicability of the privilege

1. In a civil case by one against the other; 1. The privilege is claimed in a civil case;
2. In a criminal case for a crime committed by one against
the other or the latter’s direct descendants or NOTE: This privilege cannot be claimed in a criminal case
ascendants (Sec. 24[a], Rule 130); or presumably because the interest of the public in criminal
3. Information acquired by a spouse before the marriage prosecution should be deemed more important than the
even if received confidentially will not fall squarely secrecy of the communication. (Riano, 2016)
within the privilege. (Riano, 2016)

Marital Disqualification vs. Marital Privilege

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2. The person against whom the privilege is claimed is a Investigations, G.R. No. 180643, March 25, 2008)
physician, psychotherapist or a person reasonably
believed by the patient to be authorized to practice Deliberative Process Privilege
medicine or psychology; and
3. It refers to any confidential communication made for The privilege protects from disclosure advisory opinions,
the purpose of diagnosis or treatment of the patient’s recommendations, and deliberations comprising part of a
physical, mental or emotional condition, including process by which governmental decisions and polices are
alcohol or drug addiction. formulated. (Riguera, 2020, citing Department of Foreign
Affairs v. BCA International Corp., G.R. No. 210858, June 29,
PRIEST AND PENITENT 2016)
[SEC. 24(D), RULE]
Written advice from variety of individuals is an important
Requisites for the applicability of the priest-penitent element of the government’s decision-making process and
privilege the interchange of advice could be stifled if courts forced the
government to disclose those recommendations; thus the
1. The communication, confession, or advice must have privilege is intended to prevent the “chilling” of deliberative
been made to the priest in his or her professional communications. The deliberative process privilege applies
character in the course of discipline enjoined by the if its purpose is served, that is, to protect the frank exchange
church to which the minister or priest belongs. (Sec. of ideas and opinions critical to the government’s decision-
24[d], Rule 130, 2019 Amendments to the Revised Rules making process where disclosure would discourage such
on Evidence); and discussion in the future. (Ibid.)
2. Communications made must be confidential and must
be penitential in character, e.g., under the seal of the PARENTAL AND FILIAL PRIVILEGE RULE
confessional. (Regalado, 2008) (SEC. 25, RULE 130)

Extent of the priest-penitent privilege No person shall be compelled to testify against his or her
parents, other direct ascendants, children or other direct
The communication must be made pursuant to confession descendants, except when such testimony is indispensable
of sins. Where the penitent discussed business in a crime against that person or by one parent against the
arrangements with the priest, the privilege does not apply. other.
(Riano, 2016)
NOTE: It is a privilege which consist of exempting the
A third person who overheard the confession is not witness, having attended the court where his testimony is
disqualified. (Herrera, 1999) desired, from disclosing a certain part of his knowledge. (Fit
for a Queen Agency, Inc. v. Ramirez, SP-06510, November 15,
PUBLIC OFFICERS 1977)
[SEC. 24 (E), RULE 130]
Two types of privileges under Sec. 25, Rule 130
Requisites for its application
1. Parental privilege rule - a parent cannot be
1. The holder of the privilege is the government, acting compelled to testify against his child or other direct
through a public officer; descendants.
2. The communication was given to the public officer in
official confidence; NOTE: A person, however, may testify against his parents
3. The communication was given during or after his or or children voluntarily but if he refuses to do so, the rule
her tenure; and protects him from any compulsion. Said rule applies to both
4. The public interest would suffer by the disclosure of criminal and civil cases since the rule makes no distinction.
the communication. (Herrera, 1999) (Sec. 25, Rule 130, 2019 Amendments to the Revised Rules on
Evidence; Riano, 2016)
Executive privilege
2. Filial privilege rule – a child may not be compelled to
The power of the President and other high-ranking testify against his parents, or other direct descendants.
executive officers to withhold information from the public,
the courts, and the Congress. NOTE: The filial privilege rule applies only to “direct”
ascendants and descendants, a family tie connected by a
Requisites of Presidential Communications Privilege common ancestry – a stepdaughter has no common
ancestry by her stepmother. (Lee v. Court of Appeals, G.R. No.
1. The protected communication must relate to a 177891, July 13, 2010)
“quintessential and non-delegable presidential
power;” NOTE: An adopted child is covered by the rule.
2. The communication must be authored or “solicited
and received” by a close advisor of the president or the Criminal Cases
president himself. The judicial test is that an advisor
must be in operational proximity with the president; GR: No descendant shall be compelled, in a criminal case, to
3. The presidential communication privilege remains a testify against his parents and grandparents.
qualified privilege that may be overcome by a showing
of adequate need, such that the information sought XPNs: The descendant may be compelled to give his
“likely contains important evidence” and by the testimony in the following instances:
unavailability of the information elsewhere by an
appropriate investigating authority. (Neri v. Senate 1. When such testimony is indispensable in a crime
Committee on Accountability of Public Officers and committed against said descendant; or

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2. In a crime committed by one parent against the other.
(Art. 215 of the Family Code) USE IMMUNITY TRANSACTIONAL
IMMUNITY
TRADE SECRETS Prohibits the use of the Grants immunity to the
[SEC. 26, RULE 130] witness' compelled witness from prosecution
testimony and its fruits in for an offense to which his
Trade secret any manner in connection compelled testimony
with the criminal relates.
A secret formula or process not patented, but known only prosecution of the witness.
to certain individuals using it in compounding some article It is immunity from
of trade having a commercial value. Trade secrets are It is immunity from use of prosecution by reason or
privilege matters whose disclosure is proscribed and any statement given by the on the basis of the
penalized under the Securities and Exchange Commission witness. testimony.
and the Revised Penal Code. By the grant of use-and- Transactional immunity is
derivative-use immunity, a broader in the scope of its
Other privileged matters (GEV-STB-CAP) witness is only assured protection. By its grant, a
that his or her particular witness can no longer be
1. The guardian ad litem shall not testify in any testimony and evidence prosecuted for any offense
proceeding concerning any information, statement, or derived from it will not be whatsoever arising out of
opinion received from the child in the course of serving used against him or her in the act or transaction to
as guardian ad litem, unless the court finds it necessary subsequent prosecution. which the testimony
to promote the best interests of the child (Sec. 5[e], relates.
Rule on Examination of a Child Witnes);
2. Editorial Privilege – Editors may not be compelled to ORDER IN THE EXAMINATION
disclose the source of published news (R.A. 53, as OF AN INDIVIDUAL WITNESS
amended by R.A. 1477);
3. Voters may not be compelled to disclose for whom The order in which an individiual witness may be examined
they voted; iis as follows;
4. Information contained in tax census returns (Ibid.);
5. Bank deposits, except in certain cases provided for by 1. Direct examination by the proponent.
law (Sec. 2, R.A. 1405); 2. Cross-examination by the opponent.
6. Information and statements made at conciliation 3. Re-direct examination by the propnent.
proceedings (Art. 233, Labor Code); 4. Re-cross examination b the opponent.
7. Institutions covered by the law and its officers and
employees who communicate a suspicious transaction EVIDENCE OF THE GOOD CHARACTER OF A WITNESS
to the Anti-Money Laundering Council (Sec. 6 of R.A.
9194 amending Sec. 9 of R.A. 9160); and GR: Evidence of the good character of a witness is not
8. Informer’s Privilege - The prosecutor may not be admissible for the purpose of proving action in conformity
compelled to present an informer to protect his therewith on a particular occasion. (Sec. 54, Rule 130, 2019
identity and when his testimony would be merely Amendments to the Revised Rules on Evidence)
corroborative and cumulative. (Herrera, 1999)
9. Media Practitioner’s Privilege XPNs:
i. In Criminal cases:
EXAMINATION OF A WITNESS 1. The character of the offended party may be proved
if it tends to establish in any reasonable degree the
Rights of a witness (PDEA-R) probability or improbability of the offense charged.
2. The accused may prove his or her good moral
1. To be protected from irrelevant, improper, or insulting character, pertinent to the moral trait involved in
questions, and from harsh or insulting demeanor; the offense charged. However, the prosecution may
not prove his or her bad moral character unless on
NOTE: The trial court’s duty is to protect every witness rebuttal. (Sec. 54, Rule 130)
against oppressive behavior of an examiner and this is
especially true where the witness is of advanced age. (Lee v. ii. In Civil cases:
CA, G.R. No. 177861, July, 13, 2010) 1. Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue
2. Not to be detained longer than the interests of justice of character involved in the case. (Sec. 54, Rule 130)
require;
3. Not to be examined except only as to matters pertinent iii. In Criminal and Civil cases
to the issue;
4. Not to give an answer which will tend to subject him 1. Evidence of the good moral character of a witness
or her to a penalty for an offense unless otherwise is not admissible until such character has been
provided by law (right against self-incrimination); impeached. (Sec. 54, Rule 130)
5. Not to give an answer, which will tend to degrade his
or her reputation, unless it be to the very fact at issue NOTE: in all cases in which evidence of character or a trait
or to a fact from which the fact in issue would be of character of a person is admissible, proof may be made
presumed. But a witness must answer to the fact of his by testimony as to reputation or by testimony in the form of
or her previous final conviction for an offense. (Sec. 3, an opinion.
Evidence) In cases in which character or a trait of character of a person
is an essential element of a charge, claim or defense, proof
Classifications of Immunity Statutes

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may also be made of specific instances of that person’s XPN: Evidence of specific instances of sexual behavior by
conduct. (Sec. 54, Rule 130) the alleged victim to prove that a person other than the
accused was the source of semen, injury, or other physical
RULE ON EXAMINATION OF CHILD WITNESS evidence shall be admissible. (Sec. 30, A.M. No. 004-07-SC)
(A.M. No. 004-07-SC)
Effectivity Date: December 15, 2000 ADMISSIONS AND CONFESSIONS

Child witness Requisites for admissions to be admissible

1. Any person who at the time of giving testimony is 1. They must involve matters of fact and not of law;
below the age of 18 years old; or 2. They must be categorical and definite;
2. A person over 18 years of age, if he/she is found by the 3. They must be knowingly and voluntarily made; and
court as unable to fully take care of himself or protect 4. They must be adverse to the admitter’s interests,
himself from abuse, neglect, cruelty, exploitation or otherwise it would be self-serving and inadmissible.
discrimination because of physical or mental disability (Regalado, 2008)
or condition. (Sec. 4[a], A.M. No. 004-07-SC)
ADMISSION CONFESSION
Presumption of competency A statement of fact which A statement of fact which
does not involve an involves an
GR: Every child is presumed qualified to be a witness. The acknowledgment of guilt acknowledgment of guilt
burden of proof to rebut such presumption lies in the party or liability. or liability.
challenging his competence. May be made by third Can be made only by the
persons and in certain party himself and, in some
XPN: When the court finds that substantial doubt exists cases, are admissible instances, are admissible
regarding the ability of the child to perceive, remember, against a party. against his co-accused.
communicate, distinguish from falsehood, or appreciate the
duty to tell the truth in court, the judge shall conduct a Applies to both criminal Applies only to criminal
competency examination of a child. (Sec. 6, A.M. No. 004-07- and civil cases. cases.
SC) May be express or tacit. Must be express.
(Regalado, 2008)
Examination of a child witness
ADMISSION BY A PARTY
The examination of a child witness presented in a hearing
or any proceeding shall be done in open court. Unless the Requisites for the admissibility of an admission
witness is incapacitated to speak, or the question calls for a
different mode of answer, the answers of the witness shall 1. The act, declaration or omission must have been made
be given orally. (Sec. 8, A.M. No. 004-07-SC) by a party or by one by whom he is legally bound;
2. The admission must be as to a relevant fact; and
A statement made by a child describing any act or 3. The admission may only be given in evidence against
attempted act of child abuse, not otherwise admissible him. (Herrera, 1999)
under the hearsay rule, may be admitted in evidence in any
criminal or non-criminal proceeding. In ruling on the RES INTER ALIOS ACTA RULE
admissibility of such hearsay statement, the court shall
consider the time, content and circumstances thereof which Res inter alios acta alteri nocere non debet
provide sufficient indicia of reliability. It shall consider the
following factors: This principle literally means “things done between
strangers ought not to injure those who are not parties to
a. Whether there is a motive to lie; them.” (Black’s Law Dictionary, 5th Ed.; Dynamic Signmaker
b. The general character of the declarant child; Outdoor Advertising Services, Inc. v. Potongan, G.R. No.
c. Whether more than one person heard the statement; 156589, June 27, 2005)
d. Whether the statement was spontaneous;
e. The timing of the statement and the relationship Two branches of res inter alios acta rule
between the declarant child and witness;
f. Cross-examination could not show the lack of 1. Admission by third party. The rights of a party cannot
knowledge of the declarant child; be prejudiced by an act, declaration, or omission of
g. The possibility of faulty recollection of the declarant another (Sec. 29, Rule 130, 2019 Amendments to the
child is remote; and Revised Rules on Evidence) (2003 BAR); and
h. The circumstances surrounding the statement are such 2. Similar Acts Rule. Evidence that one did or did not do
that there is no reason to suppose the declarant child a certain thing at one time is not admissible to prove
misrepresented the involvement of the accused. (Sec. that he did or did not do the same or similar thing at
28, A.M. No. 004-07-SC) another time. (Sec. 35, Rule 130, 2019 Amendments to
the Revised Rules on Evidence)
Sexual abuse shield rule
NOTE: The rule has reference to extrajudicial declarations.
GR: The following evidence is not admissible in any criminal Hence, statements made in open court by a witness
proceeding involving alleged child sexual abuse: implicating persons aside from him are admissible as
declarations from one who has personal knowledge of the
a. Evidence offered to prove that the alleged victim facts testified to. (Riano, 2016)
engaged in other sexual behavior; and
b. Evidence offered to prove the sexual predisposition of The testimony of the accused against his co-accused in open
the alleged victim.

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court is considered as admissible testimony and not subject title. (Sec. 32, Rule 130, 2019 Amendments to the Revised
of the res inter alios acta rule since such testimony is subject Rules on Evidence)
to cross examination.
The declarations of a person are admissible against a party
ADMISSION BY A THIRD PARTY whenever a "privity of estate" exists between the declarant
and the party, the term "privity of estate" generally
The rights of a party cannot be prejudiced by an act, denoting a succession in rights. Consequently, an admission
declaration, or omission of another. (Sec. 28, Rule 130, 2019 of one in privity with a party to the record is
Amendments to the Revised Rules on Evidence) competent. Without doubt, privity exists among the
respondents in this case. And where several co-parties to
GR: The act, declaration or omission made out of court of a the record are jointly interested in the subject matter of the
party as to a relevant fact may be given in evidence against controversy, the admission of one is competent against all.
him but may not be given in evidence against another (Republic v. Sandiganbayan, Ferdinand E. Marcos, and
person. Imelda Romualdez Marcos, G.R. No. 152154, July 15, 2003)

XPN: The act or omission of one party made out of court Requisites of an admission by privies
may be used as evidence against another when its
admission is made by: 1. There must be an act, declaration, or omission by a
1. A partner, during the existence of the partnership (Sec. predecessor-in-interest;
30, Rule 130, 2019 Amendments to the Revised Rules on 2. The act, declaration, or omission of the predecessor
Evidence); must have occurred while he was holding (not after)
2. An agent authorized by the party to make a statement the title to the property; and
concerning the subject or within the scope of his or her 3. The act, declaration, or omission must be in relation to
authority, during the existence of the agency (Ibid.); the property. (Sec. 32, Rule 130, 2019 Amendments to
3. A joint owner; the Revised Rules on Evidence; Riano 2016)
4. A joint debtor;
5. A person jointly interested with the party; ADMISSION BY SILENCE
6. A conspirator; or
7. A privy or successor in interest (Suarez and De la There is admission by silence when a party does or says
Banda, 2006) nothing when he hears or observes an act or declaration
made in his presence when such act or declaration is such
ADMISSION BY A CO-PARTNER OR AGENT as naturally to call for action or comment if not true, and
when proper and possible for him or her to do so. Such may
Requisites for an admission of a partner to bind his co- be given in evidence against him or her. (Sec. 33, Rule 130,
partners or for an agent to bind his principal 2019 Amendments to the Revised Rules on Evidence)

1. The act or declaration of a partner or agent of the party Requisites of an admission by silence
must be within the scope of his authority;
2. The admission was made during the existence of the 1. The party heard and understood the statement;
partnership or agency; and 2. He or she was at a liberty to make a denial;
3. The existence of the partnership or agency is proven 3. The statement was about a matter affecting his or her
by independent evidence other than such act or rights or in which he or she was interested and which
declaration. The Articles of Incorporation or a Special naturally calls for a response;
Power of Attorney may be presented for such purpose. 4. The facts were within his or her knowledge; and
(Suarez and De la Banda, 2000) 5. The fact admitted from his or her silence is material to
the issue. (People v. Paragsa, G.R. No. L-44060, July 20,
ADMISSION BY A CONSPIRATOR 1978; Sec. 33, Rule 130; Riano 2016)

The act or declaration of a conspirator in furtherance of the NOTE: The silence of a person under investigation for the
conspiracy and during its existence may be given in evidence commission of an offense should not be construed as an
against the co-conspirator after the conspiracy is shown by admission by silence because a person has the right to
evidence other than such act or declaration. (Sec. 31, Rule remain silent and to be informed of that right. (Sec. 12, Art.
130, 2019 Revised Rules on Evidence) III, 1987 Constitution; Riano, 2016)

Requisites of an admission by a conspirator Principle of adoptive admission

1. The declaration or act be made or done during the It is a party’s reaction to a statement or action by another
existence of the conspiracy; person when it is reasonable to treat the party’s reaction as
2. The declaration or act must be in furtherance of the an admission of something stated or implied by the other
purpose and object of the conspiracy; and person. The basis for admissibility of admissions made
3. The conspiracy must be shown by evidence other than vicariously is that arising from the ratification or adoption
the declaration or act (evidence aliunde). (Sec. 31, Rule by the party of the statements which the other person had
130, 2019 Amendments to the Revised Rules on made. (Estrada v. Desierto, G.R. Nos. 146710-15, April 3,
Evidence) 2001)
ADMISSION BY PRIVIES
CONFESSIONS
Where one derives title to property from another, the
latter’s act, declaration, or omission of the latter, while The declaration of an accused acknowledging his guilt of the
holding the title, in relation to the property, is evidence offense charged, or of any offense necessarily included
against the former if done while the latter was holding the therein, may be given in evidence against him or her. (Sec.

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34, Rule 130, 2019 Amendments to the Revised Rules on proving an effort to b. Sec. 408, Local
Evidence) obstruct a criminal Government Code –
investigation or Allowed in minor
Requisites for the admissibility of a confession prosecution. offenses whose penalties
(Sec. 28, Rule 130, 2019 do not exceed one year;
1. It must involve an express and categorical Amendments to the c. Art. 266-C, Revised Penal
acknowledgement of guilt Revised Rules on Code – In cases of marital
2. Facts admitted must be constitutive of a criminal Evidence) rape, where subsequent
offense forgiveness by the wife
3. It must have been given voluntarily extinguishes the criminal
4. It must have been intelligently made, the accused action or penalty. (Suarez
realizing the importance or legal significance of his act and De la Banda, 2006)
5. There must have been no violation of Sec. 12, Art. III,
1987 Constitution; and
6. It must be in writing and signed by such person in the HEARSAY RULE
presence of his counsel or in the latter’s absence, upon
a valid waiver and in the presence of any of the Hearsay is a statement other than one made by the
parents, elder brothers and sisters, his spouse, the declarant while testifying at a trial or hearing, offered to
municipal mayor, the municipal judge, district school prove the truth of the facts asserted therein. (Sec. 37, Rule
supervisor or priest or minister of the gospel as chosen 130, 2019 Amendments to the Revised Rules on Evidence)
by him or her.
When a statement is NOT considered as hearsay
SIMILAR ACTS AS EVIDENCE
A statement is not hearsay if the declarant testifies at the
GR: Evidence that one did or did not do a certain thing at trial or hearing and is subject to cross-examination
one time is not admissible to prove that he or she did or did concerning the statement, and the statement is:
not do the same or similar thing at another time.(Sec. 35,
Rule 130, 2019 Amendments to the Revised Rules on a. Prior inconsistent statement under oath -
Evidence) This is also referred to as the “Propensity Rule.” Inconsistent with the declarant’s testimony, and was
(2002 Bar) given under oath subject to the penalty of perjury at a
trial, hearing, or other proceeding, or in a deposition;
NOTE: This provision constitutes as the second branch of b. Prior consistent statement - Consistent with the
the res inter alios acta rule as previously mentioned. declarant’s testimony and is offered to rebut an express
or implied charge against the declarant of recent
XPNs: Evidence of similar or previous acts may be received fabrication or improper influence or motive; or
to prove the following: (SKIPS-SCHUL) c. Prior statement of identification - One of
1. Specific intent; identification of a person made after perceiving him or
2. Knowledge; her. (Par. 2, Sec. 37, Rule 130, 2019 Amendments to the
3. Identity; Revised Rules on Evidence)
4. Plan;
5. System; Elements of hearsay evidence
6. Scheme;
7. Custom; 1. There must be an out-of-court statement; and
8. Habit; 2. The statement made out-of-court, is repeated and
9. Usage; and offered by the witness in court to prove the truth of the
10. The like (Ibid.) matters asserted by the statement. (Riano, 2016)

ADMISSIBILITY OF OFFERS OF COMPROMISE EXCEPTIONS TO THE HEARSAY RULE
(1999 BAR)
CIVIL CASE CRIMINAL CASE
GR: It is NOT an GR: It may be received in DYING DECLARATION
admission of any evidence as an implied admission (Sec. 38, Rule 130)
liability and is NOT of guilt.
admissible against the The declaration of a dying person, made under the
offeror. XPNs: consciousness of an impending death, may be received in
1. In quasi-offenses where any case wherein his death is the subject of inquiry, as
Neither is evidence of there is no criminal intent evidence of the cause and surrounding circumstances of
conduct nor statements (negligence), such as reckless such death. (Sec. 38, Rule 130, 2019 Amendments to the
made in compromise imprudence; Revised Rules on Evidence) (1991, 1992, 1993, 1996,
negotiations 2. In criminal cases allowed by 1998, 1999, 2007, 2010, 2017 BAR)
admissible. law to be compromised such
as: Time interval
XPN: Evidence a. Sec. 7(c), National
otherwise discoverable Internal Revenue Code – GR: The intervening time from the making of a dying
or offered for another The CIR has the power to declaration up to the time of death is immaterial in its
purpose, such as compromise minor admissibility, as long as it was made under the
proving bias or criminal violations as consciousness of impending death.
prejudice of a witness, may be determined by
negativing a contention the Secretary of Finance; XPNs:
of undue delay, or

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1. If there is retraction made by the declarant before he evidence other than such act or declaration. (Tecson v.
died; or COMELEC, G.R. No. 161434, March 3, 2004).
2. His declaration is ambiguous as to whether he believed FAMILY REPUTATION OR TRADITION
that his death was imminent when he made such REGARDING PEDIGREE
declaration. (Regalado, 2008) (Sec. 42, Rule 130)

It is of no moment that the victim died seven days from the Requisites for the admissibility of family reputation or
stabbing incident and after receiving adequate care and tradition regarding pedigree
treatment, because the apparent proximate cause of his
death was a consequence of the stabbing. (People of the 1. There is controversy in respect to the pedigree of any
Philippines v. Rarugal, G.R. No. 188603, January 16, 2013) member of the family;
2. The reputation or tradition of the pedigree of the
STATEMENT OF DECEDENT OR A PERSON OF person concerned existed previous to the controversy;
UNSOUND MIND 3. The statement is about the reputation or tradition of
(Sec. 39, Rule 130) the family in respect to the pedigree of any member of
Requisites: the family; and
4. The witness testifying to the reputation or tradition
1. There is an action against an executor or administrator regarding pedigree of the person concerned must be a
or other representative of a deceased person, or member of the family of said person either by
against a person of unsound mind; consanguinity, affinity or adoption.
2. The action is upon a claim or demand against the estate
of such deceased person or against such person of How to establish family reputation or tradition with
unsound mind; respect to one’s pedigree
3. A party or assignor of a party or a person in whose
behalf a case is prosecuted testifies on a matter of fact 1. Through testimony in open court of a witness who
occurring before the death of the deceased person or must be a member of the family either by
before the person became of unsound mind.; consanguinity, affinity, or adoption; or
4. There was a statement made by the deceased or the 2. Through entries in:
person of unsound mind;
5. Such statement was made upon the personal a. Family bible;
knowledge of the deceased or the person of unsound b. Family books or charts;
mind at a time when: c. Engravings on rings; or
d. Family portraits and the like.
a. the matter had been recently perceived by him or
her; and COMMON REPUTATION
b. while his or her recollection was clear. (Sec. 43, Rule 130)

DECLARATION AGAINST INTEREST Matters that may be established by common reputation
(Sec. 40, Rule 130)
1. Matters of public and general interest more than 30
Requisites of declaration against interest years old;
2. Matters respecting marriage or moral character and
1. The declarant is dead or unable to testify; related facts; and
3. Individual moral character.
NOTE: The inability to testify must be serious.
PART OF THE RES GESTAE
2. The declaration relates to a fact against the interest of (Sec. 44, Rule 130) (2005, 2007, 2014 BAR)
the declarant;
3. At the time he made said declaration, he was aware It is a Latin phrase which literally means “things done.”
that the same was contrary to his interest; and
4. The declarant had no motive to falsify and believed Statements made by a person while a startling occurrence
such declaration to be true. is taking place or immediately prior or subsequent thereto,
under the stress of excitement caused by the occurrence
ACT OR DECLARATION ABOUT PEDIGREE with respect to the circumstances thereof, may be given in
(Sec. 41, Rule 130) evidence as part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue, and
Requisites for the admissibility of acts or declarations giving it a legal significance may be received as part of the
about pedigree res gestae.

1. The declarant is dead or unable to testify; Test of Admissibility
2. The pedigree should be in issue; The test is whether the act, declaration, exclamation is so
3. The declarant must be a relative of the person whose intimately interwoven or connected with the principal fact
pedigree is in question, either by birth or marriage or or even that it characterizes as to be regarded as a part of
adoption (Sec. 4, Rule 130) or in the absence thereof, by the transaction itself, and also whether it clearly negates
person whose family he or she was so intimately any premeditation or purpose to manufacture testimony.
associated as to be likely to have accurate information (Ibid.)
concerning his or her pedigree;
4. The declaration must be made ante litem motam or Requisites for the admissibility of res gestae
before the controversy occurred; and
5. The relationship between the declarant and the person 1. That the principal act, the res gestae, be a startling
whose pedigree is in question must be shown by occurrence;

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2. The statements were made before the declarant had 4. Such is generally relied upon by them.
the time to contrive or devise a falsehood; and
3. That the statements must concern the occurrence in LEARNED TREATISES
questions and its immediate attending circumstances. (Sec. 48, Rule 130)
(People of the Philippines v. Estibal, G.R. No. 208749,
November 26, 2014) Requisites for the admissibility of learned treatises

Factors to determine spontaneity of declaration 1. When the court can take judicial notice of them; or
2. When an expert witness testifies that the author of
1. The time that has lapsed between the occurrence of the such is recognized as expert in that profession. (Sec. 48,
act or transaction and the making of the statement; Rule 130, 2019 Amendments to the Revised Rules on
2. The place where the statement is made; Evidence)
3. The condition of the declarant when the utterance is
given; TESTIMONY OR DEPOSITION AT A FORMER
4. The presence or absence of intervening events PROCEEDING
between the occurrence and the statement relative; (Sec. 49, Rule 130)
and
5. The nature and the circumstances of the statement Requisites for the rule on former testimony to apply
itself. (Francisco, 1992)
1. The witness is dead or unable to testify;
RECORDS OF REGULARLY CONDUCTED BUSINESS 2. His testimony or deposition was given in a former case
ACTIVITY or proceeding, judicial or administrative, between the
(Sec. 45, Rule 130) same parties or those representing the same interests;
3. The former case involved the same subject as that in
Requisites for the admission of a business record as an the present case, although on different causes of
exception to the hearsay rule action;

1. There is a memorandum, report or data compilation of NOTE: Section 47 (now Sec. 49), Rule 130 requires that the
acts, events, conditions, opinions, made by writing, issues involved in both cases must, at least, be substantially
typing, electronic, optical or other similar means; the same; otherwise, there is no basis in saying that the
2. The memorandum etc. is made at or near the time of former statement was - or would have been - sufficiently
the act, event, etc.; tested by cross-examination or by an opportunity to do so.
3. The memorandum etc, is made by, or from The requirement of similarity though does not mean that all
transmission or supply of information by, a person the issues in the two proceedings should be the
with knowledge of the act, event, etc.; same. Although some issues may not be the same in the two
4. The memorandum, etc. is kept in the regular course or actions, the admissibility of a former testimony on an issue
conduct of a business activity; which is similar in both actions cannot be questioned.
5. It was the regular practice of the business activity to
make the memorandum, report, record or data These considerations, among others, make Section 47, Rule
compilation by writing, typing, electronic, optical or 130 a distinct rule on evidence and therefore should not be
similar means; confused with the general provisions on deposition under
6. All of the foregoing conditions are shown by the Rule 23 of the Rules of Court. In other words, even if the
testimony of the custodian or other qualified petitioner complies with Rule 23 of the Rules of Court on
witnesses. (Riguera, 2020) the use of depositions, the observance of Section 47, Rule
130 of the Rules of Court cannot simply be avoided or
ENTRIES IN OFFICIAL RECORDS disregarded. (Republic v. Sandiganbayan, G.R. No. 152375,
(Sec. 46, Rule 130) December 13, 2011)
Requisites for the admissibility of entries in official
records (KPOP) 4. The issue testified to by the witness in the former trial
is the same issue involved in the present case; and
1. Entrant had personal knowledge of the facts stated by 5. The adverse party had an opportunity to cross-
him or such facts were acquired by him from reports examine the witness in the former case. (Ambray v.
made by persons under a legal duty to submit the Tsuorous, G.R. No. 209264, July 5, 2016)
same.
2. Entries were made by a public officer in the RESIDUAL EXCEPTION
performance of his duties or by a person in the (Sec. 50, Rule 130)
performance of a duty especially enjoined by law; and
3. Entries must have been made in official records. (Ibid.) Requisites for admissibility

COMMERCIAL LISTS AND THE LIKE 1. The statement, having equivalent circumstantial
(Sec. 47, Rule 130) guarantees of trustworthiness, must not be covered by
any of the foregoing exceptions;
Requisites for the admissibility of commercial lists and 2. The statement is offered as evidence of a material fact;
the like 3. The statement is more probative on the point for
which it is offered than any other evidence which the
1. Statements of matters of interest to persons engaged proponent can procure through reasonable efforts;
in an occupation; and
2. Statements must be contained in a list, register, 4. The general purposes of these rules and the interests
periodical, or other published compilation; of justice will be best served by admission of the
3. Compilation is published for use by persons engaged statement of evidence. (Sec. 50, Rule 130, 2019
in that occupation; and Amendments to the Revised Rules on Evidence)

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INDEPENDENTLY RELEVANT STATEMENTS tends to pertinent to the establish in any
establish in moral trait reasonable
These are statements which are relevant independently of any involved in the degree the
whether they are true or not. They are neither hearsay nor reasonable offense charged, probability or
an exception to the hearsay rule as the purpose thereof is degree the unless in improbability of
not to prove the truth of the declaration or document. probability or rebuttal when the offense
(Estrada v. Desierto, supra) It merely proves the fact that a improbability the accused charged. (2002,
statement was made and not the truth of the fact asserted of the offense opens the issue 2010 Bar)
in the statement. (1999, 2005, 2009, 2010 BAR) charged. by introducing
2. The accused evidence of his
An out-of-court statement which is relevant not for the may prove good moral
truth off a matter asserted therein, but for something else, his or her character.
e.g., state of mind, intent, belief, the mere fact of utterance, good moral
or legal effect. It is a statement relevant ffor something else character
ther than its truth. Not being hearsay, an independently pertinent to
relevant evidence is admissible. (Riguera, 2020) the moral
trait involved
Classification of independently relevant statements in the offense
charged.
1. Those statements which are the very facts in issue; and
2. Those statements which are circumstantial evidence CIVIL CASES
of the fact in issue. It includes the following:
Evidence of the moral character of a party in a civil case is
a. Statements of a person showing his state of mind, admissible only when pertinent to the issue of character
that is, his mental condition, knowledge, belief, involved in the case. (Sec. 54[b], Rule 130, 2019 Amendments
intention, ill-will and other emotions; to the Revised Rules on Evidence)
b. Statements of a person which show his physical
condition, as illness and the like; Proof of bad character
c. Statements of a person from which an inference
may be made as to the state of mind of another, 1. Cross-examination; or
i.e., the knowledge, belief, motive, good or bad 2. Independent evidence of bad character.
faith, etc. of the latter
d. Statements which may identify the date, place NOTE: It is permitted only when pertinent to the issue of
and person in question; and character involved in the case like in a civil action for
e. Statements showing the lack of credibility of a damages emanating from the offense of libel, slander, or
witness. seduction. (Peralta, 2020)

OPINION RULE Personal opinion as to the moral character of the accused
and the specific conduct of the part exhibiting character is
GR: The opinion of a witness is not admissible. (Sec. 51, Rule excluded as evidence. However, reputation in the
130, 2019 Amendments to the Revised Rules on Evidence) A community is admissible.
witness testifies only with respect to facts personally
observed by him and it is for the court to draw conclusions JUDICIAL AFFIDAVIT RULE
from the facts testified to. (2011 Bar) A.M. No. 12-8-8-SC
Effectivity Date: January 1, 2013
XPNs: ,
1. Opinion of expert witness; and SCOPE AND WHERE APPLICABLE
2. Opinion of ordinary witnesses.
This Rule shall apply to all actions, proceedings, and
NOTE: Opinion testimony involving questions of law or the incidents requiring the reception of evidence before:
ultimate fact in issue is not admissible.
1. The MeTC, MTC in Cities, MTC, and the MCTC, and the
CHARACTER EVIDENCE Shari‘a Circuit courts;

GR: Evidence of a person’s character or a trait of character NOTE: It shall not apply to small claims cases under A.M.
is INADMISSIBLE for the purpose of proving action in No. 08-8-7-SC;
conformity therewith on a particular occasion, except as
provided in the rules. 2. The RTC and the Shari‘a District Courts;
3. The Sandiganbayan, CTA, CA and the Shari‘a Appellate
XPNs: Courts;
4. The investigating officers and bodies authorized by
CRIMINAL CASES the Supreme Court to receive evidence, including the
AS TO THE IBP; and
AS TO THE AS TO THE
OFFENDED 5. The special courts and quasi-judicial bodies, whose
ACCUSED PROSECUTION
PARTY rules of procedure are subject to disapproval of the
1. The character They may not His good or bad Supreme Court, insofar as their existing rules of
of the prove the bad moral character procedure contravene the provisions of this Rule.
offended moral character may be proved (Sec. 1, JAR)
party may be of the accused as long as it
proved if it which is tends to SUBMISSION IN LIEU OF DIRECT TESTIMONY

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Every time a new witness The evidence is only
Requirements of the JAR which the parties are bound to is called to testify, there offered once, after all the
follow must be an offer of testimonial evidence are
evidence. offered and prior to the
The parties shall file with the court and serve on the adverse resting of the case for a
party, personally or by licensed courier service, not later party.
than 5 days before pre-trial or preliminary conference or
the scheduled hearing with respect to motions and NOTE: The presentation of
incidents, the following: a documentary or object
evidence for marking and
1. The judicial affidavits of their witnesses, which shall identification during trial
take the place of such witnesses' direct testimonies; is not the offer
and contemplated in the rules.
2. The parties' documentary or object evidence, if any, (Riano, 2016)
which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the OBJECTION
complainant or the plaintiff, and as Exhibits 1, 2, 3, and
so on in the case of the respondent or the defendant. Ways of impeaching the evidence of the proponent
(Sec. 2, JAR)
1. By objection to offer of evidence(Sec. 36, Rule 132); or
OFFER AND OBJECTION 2. By motion to strike out answer. (Sec. 39, Rule 132)

GR: The court shall consider only the evidence which has TENDER OF EXCLUDED EVIDENCE (2017 Bar)
been formally offered. The purpose for which the evidence is
offered must be specified. (Sec. 34, Rule 132, 2019 How tender of excluded evidence is made
Amendments to the Revised Rules on Evidence) (2007 BAR)
1. As to documentary or object evidence: It may have
XPNs: the same attached to or made part of the record. (Sec.
1. Marked exhibits not formally offered may be admitted 40, Rule 132) (1991, 1996 Bar)
provided it complies with the following requisites:
NOTE: The party should ask that evidence ruled out at the
a. Must be duly identified by testimony duly trial be attached to the record of case in order that same
recorded; and may be considered on appeal. (Bañez v. CA, G.R. No. L-30351,
b. Must have been incorporated in the records of the September 11, 1974)
case (Ramos v. Dizon, G.R. No. 137247, August 6,
2006); 2. As to oral evidence: It may state for the record the
name and other personal circumstances of the witness
2. Under the Rule on Summary Procedure, where no full- and the substance of the proposed testimony. (Sec. 40,
blown trial is held in the interest of speedy Rule 132)
administration of justice;
3. In summary judgments under Rule 35 where the judge
based his decisions on the pleadings, depositions,
admissions, affidavits and documents filed with the
court;
4. Documents whose contents are taken judicial notice of
by the court;
5. Documents whose contents are judicially admitted;
6. Object evidence which could not be formally offered
because they have disappeared or have become lost
after they have been marked, identified and testified on
and described in the record and became the subject of
cross-examination of the witness who testified on them
during the trial (Tabuena v. CA, G.R. No. 85423, May 6,
1991; People v. Napat-a, G.R. No. 84951, November 14,
1989); or Documents and affidavits used in deciding
quasi-judicial or administrative cases. (Bantolino v.
Coca-Cola Bottlers Inc., G.R. No. 153660, June 10, 2003)

WHEN TO MAKE AN OFFER

TESTIMONIAL EVIDENCE DOCUMENTARY AND
OBJECT EVIDENCE
The offer of the testimony The offer of documentary
of a witness in evidence and object evidence shall
must be made at the time be made after the
the witness is called to presentation of a party’s
testify. (Sec. 35, Rule 132) testimonial evidence. (Sec.
(2009 BAR) 35, Rule 132)


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7. Petition for certiorari, mandamus, or prohibition
SPECIAL RULES against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
REVISED RULES ON SUMMARY PROCEDURE 10. Reply;
11. Third party complaints; and
CASES COVERED BY THE RULE 12. Interventions (Sec. 19, Ibid.)

1. Civil cases: APPEAL

a. All cases of forcible entry and unlawful detainer, The judgment or final order shall be appealable to the
irrespective of amount of damages or unpaid rentals appropriate regional trial court which shall decide the same
sought to be recovered. When attorney’s fees are in accordance with the appellate jurisdiction of regional
awarded, the same shall not exceed Php 20,000.00; trial courts contemplated in Sec. 22 of B.P. 129. (Sec. 21,
and Ibid.)
b. All other civil cases, except probate proceedings,
where the total amount of the plaintiff’s claim does NOTE: The decision of the regional trial court in cases
not exceed Php 100,000 (outside Metro Manila) or governed by the Revised Rules on Summary Procedure,
Php 200,000 (in Metropolitan Manila), exclusive of including forcible entry and unlawful detainer, shall be
interest and costs. (As amended by A.M. No. 02-11-09- immediately executory, without prejudice to a further
SC effective November 12, 2002) appeal that may be taken therefrom.

2. Criminal cases: KATARUNGANG PAMBARANGAY

a. Violations of traffic laws, rules and regulations; CASES COVERED
b. Violations of rental law;
c. Violations of municipal or city ordinances; All disputes are subject to Barangay conciliation pursuant
d. All other criminal cases where the penalty to the Revised Katarungang Pambarangay Law (formerly
prescribed by law for the offense charged is P.D. 1508, repealed and now replaced by Secs. 399-422,
imprisonment not exceeding 6 months or a fine not Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV,
exceeding Php 1,000.00, or both, irrespective of R.A. 7160, otherwise known as the Local Government Code
other imposable penalties, accessory or otherwise, of 1991), and prior recourse thereto is a pre-condition
or of the civil liability arising there from. Provided before filing a complaint in court or any government offices,
however, that in offenses involving damage to except in certain cases provided for by law. (Circular No. 14-
property through criminal negligence, this Rule shall 93, July 15, 1993)
govern where the imposable fine does not exceed
Php 10,000.00; and SUBJECT MATTER FOR AMICABLE SETTLEMENT
e. Violation of BP 22. (Sec. 1, Revised Rules on Summary
Procedure) GR: The lupon of each barangay shall have authority to
bring together the parties actually residing in the same city
PLEADINGS AND MOTIONS or municipality for amicable settlement of all disputes.

Allowed pleadings XPNs:
1. Where one party is the government, or any subdivision
1. Complaint; or instrumentality thereof;
2. Compulsory counterclaim, pleaded in the answer; 2. Where one party is a public officer or employee, and
3. Cross-claim, pleaded in the answer; and the dispute relates to the performance of his official
4. Answer to these pleadings (Sec. 3) functions;
3. Where the dispute involves real properties located in
NOTE: Permissive counterclaims are not allowed. different cities and municipalities, unless the parties
thereto agree to submit their difference to amicable
Prohibited motions settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership
1. Motion to dismiss the complaint or to quash the or juridical entities, since only individuals shall be
complaint or information; parties to Barangay conciliation proceedings either as
complainants or respondents (Sec. 1, Rule VI,
XPNS: Katarungang Pambarangay Rules);
a. lack of jurisdiction over the subject matter; or 5. Disputes involving parties who actually reside in
b. failure to refer the case to the Lupong barangays of different cities or municipalities, except
Tagapamayapa in cases covered by the where such barangay units adjoin each other and the
Katarungang Pambarangay Law; parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon;
2. Motion for a bill of particulars; 6. Offenses for which the law prescribes a maximum
3. Motion for new trial, or for reconsideration of a penalty of imprisonment exceeding one (1) year or a
judgment, or for opening of trial; fine over five thousand pesos (P5,000.00);
4. Petition for relief from judgment; 7. Offenses where there is no private offended party;
5. Motion for extension of time to file pleadings, affidavits 8. Disputes where urgent legal action is necessary to
or any other paper; prevent injustice from being committed or further
6. Memoranda; continued, specifically the following:

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a. Criminal cases where accused is under police These Rules shall govern procedure in actions before the
custody or detention [Sec. 412 (b)(1), Revised MeTcs, MTCCs, MTCs and MTCTs for payment of money
Katarungang Pambarangay Law]; where the value of the claim does not exceed the
b. Petitions for habeas corpus by a person illegally jurisdictional amount of these courts under RA No. 7691
deprived of his rightful custody over another or a (P400,000.00 for MeTCs and P300,000.00 for the MTCCs,
person illegally deprived or on acting in his behalf; MTCs, and MCTCs), exclusive of interest and costs. (A.M. No.
c. Actions coupled with provisional remedies such as 08-8-7-SC, as amended, effective April 1, 2019)
preliminary injunction, attachment, delivery of
personal property and support during the NOTE: Where the plaintiff has a claim the value thereof
pendency of the action; and exceeds the jurisdictional threshold of the Rules for Small
d. Actions which may be barred by the Statute of Claims Cases, and he or she files an action under the same
Limitations. Rules, he or she waives any amount in excess of the
jurisdictional threshold, excluding interest and costs.
9. Any class of disputes which the President may
determine in the interest of justice or upon the Cases covered by the Rule on Small Claims
recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Those which are purely civil in nature where the claim or
Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657); relief prayed for by the plaintiff is solely for payment or
11. Labor disputes or controversies arising from reimbursement of sum of money. The claim or demand may
employer-employee relations (Montoya v. Escayo, G.R. be:
No. 82211-12, March 21, 1989; Art. 226, Labor Code, as 1. For money owed under any of the following:
amended, which grants original and exclusive
jurisdiction over conciliation and mediation of disputes, a. Contract of Lease;
grievances or problems to certain offices of the b. Contract of Loan;
Department of Labor and Employment); and c. Contract of Services;
12. Actions to annul judgment upon a compromise which d. Contract of Sale; or
may be filed directly in court. (Sanchez vs. Tupaz, G.R. e. Contract of Mortgage;
No. 76690, February 29, 1988)
2. For liquidated damages arising from contracts; and
VENUE 3. For the enforcement of a barangay amicable
settlement or an arbitration award involving a money
The venue of the conciliation proceedings shall be: claim covered by this Rule pursuant to Sec. 417 of
Republic Act 7160. (Sec. 5, Ibid.)
1. Where the parties reside in the same barangay – the
dispute shall be brought in said barangay; COMMENCEMENT OF SMALL CLAIMS ACTION;
2. Where the parties reside in different barangays in the RESPONSE
same city or municipality – the dispute shall be settled
in the barangay where the respondent or any of the A small claims action is commenced by filing with the court
respondents actually resides, at the choice of the an accomplished and verified Statement of Claim in
complainant; duplicate, accompanied by a Certification Against Forum
3. Disputes involving real property shall be brought for Shopping, Splitting a Single Cause of Action, and Multiplicity
settlement in the barangay – where the real property of Suits, and 2 duly certified photocopies of the actionable
or larger portion thereof is situated; or document/s subject of the claim, as well as the affidavits of
4. Disputes arising at the workplace where the contending witnesses and other evidence to support the claim.
parties are employed or at the institution where such
parties are enrolled for study – shall be brought in the No evidence shall be allowed during the hearing which was
barangay where such workplace or institution is not attached to or submitted together with the Statement of
situated. (Sec. 409, RA No. 7160; Sec. 3, Rule VI, Claim, unless good cause is shown for the admission of
Katarungang Pambarangay Rules) additional evidence.

NOTE: Objections to venue shall be raised in the mediation The plaintiff must state in the Statement of Claim if
proceedings before the punong barangay; otherwise, the he/she/it is engaged in the business of lending, banking and
same shall be deemed waived. (Sec. 409, RA No. 7160) similar activities, and the number of small claims cases filed
within the calendar year regardless of judicial station.
WHEN PARTIES MAY GO DIRECTLY TO COURT
No formal pleading, other than the Statement of Claim/s
1. Where the accused is under detention; described in this Rule, is necessary to initiate a small claims
2. Where a person has otherwise been deprived of action. (Sec. 6, bid.)
personal liberty calling for habeas corpus proceedings;
3. Where actions are coupled with provisional remedies APPEARANCES
such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and The parties shall personally appear on the designated date
4. Where the action may otherwise be barred by the of hearing. Appearance through a representative must be
statute of limitations. [Sec. 412(b), RA No. 7160] for a valid cause.

RULES OF PROCEDURE FOR SMALL CLAIMS CASES NOTE: The representative of an individual-party must not
(A.M. No. 08-8-7-SC) be a lawyer and must be related to or next-of-kin of the
individual-party. Juridical entities shall not be represented
SCOPE AND APPLICABILITY OF THE RULE by a lawyer in any capacity.

Non-appearance of a party

UNIVERSITY OF SANTO TOMAS PRE–WEEK NOTES
2021 GOLDEN NOTES
72 2021 & 2022
Remedial Law
1. If the plaintiff does not appear, the claim shall be Q: When may the court convert a TEPO to a permanent
dismissed without prejudice. The defendant who EPO? When may the court issue a writ of continuing
appears shall be entitled to judgment on a permissive mandamus?
counterclaim.
2. If the defendant does not appear, the effect will be the A: In the judgment, the court may convert the TEPO to a
same as failure to file a Response. This shall not apply permanent EPO or issue a writ of continuing mandamus
where one of two or more defendants who are sued directing the performance of acts which shall be effective
under a common cause of action and have pleaded a until the judgment is fully satisfied. (Sec. 3, Rule 5, A.M. No.
common defense appears at the hearing. 09-6-8-SC).
3. If both parties do not appear, the claim and
counterclaim shall be dismissed with prejudice. (Sec. NOTE: The court may, by itself or through the appropriate
20, Ibid.) government agency, monitor the execution of the judgment
and require the party concerned to submit written reports
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES on a quarterly basis or sooner as may be necessary,
(A.M. No. 09-6-8-SC) detailing the progress of the execution and satisfaction of
the judgment. The other party may, at its option, submit its
CIVIL PROCEDURE comments or observations on the execution of the
judgment. (Sec. 3, Rule 5, A.M. No. 09-6-8-SC)
PROHIBITION AGAINST
TEMPORARY RESTRAINING ORDER AND PRELIMINARY Issuance of TEPO in a petition for a writ of continuing
INJUNCTION mandamus

Only the SC can issue a TRO or writ of preliminary The court in which the petition for a writ of continuing
injunction against lawful actions of government agencies mandamus is filed may:
that enforce environmental laws or prevent violations
thereof. (Sec. 10, Rule 2, A.M. No. 09-6-8-SC) 1. Issue such orders to expedite the proceedings; and
2. Grant a TEPO for the preservation of the rights of the
NOTE: The judge shall report any action taken on a TEPO, parties pending such proceedings. (Sec. 5, Rule 8, A.M.
EPO, TRO or a preliminary injunction, including its No. 09-6-8-SC)
modification and dissolution within 10 days from the action
taken to the SC, through the Office of the Court NOTE: A writ of continuing mandamus is issued by a court
Administrator. (Sec. 11, Rule 2, A.M. No. 09-6-8-SC) in an environmental case directing any agency or
instrumentality of the government or officer thereof to
Q: What is the difference between a TEPO and the perform an act or series of acts decreed by final judgment
prohibition against issuance of TRO? which shall remain effective until judgment is fully satisfied.
[Sec. 4 (c), Rule 1, A.M. No. 09-6-8-SC]
A: A TEPO is premised on the violation of an environmental
law or a threatened damage or injury to the environment by STRATEGIC LAWSUIT AGAINST
any person, even the government and its agencies while the PUBLIC PARTICIPATION (SLAPP)
prohibition against the issuance of a TRO or preliminary
injunction is premised on the presumption of regularity on SLAPP as a legal defense
the government and its agencies in enforcing
environmental laws and protecting the environment. The defendant may file an answer interposing as a defense
(Annotation to the Rules of Procedure for Environmental that the case is a SLAPP and shall be supported by
Cases, pp. 116-117) documents, affidavits, papers and other evidence; and, by
way of counterclaim, pray for damages, attorney’s fees and
Consent Decree costs of suit. (Sec. 1, Rule 6, A.M. No. 09-6-8-SC)

It is a judicially-approved settlement between concerned WRIT OF CONTINUING MANDAMUS
parties based on public interest and public policy to protect
and preserve the environment. [Sec. 4(b), Rule 1, A.M. No. 09- When any agency or instrumentality of the government or
6-8-SC] officer thereof unlawfully neglects the performance of an
act which the law specifically enjoins as a duty resulting
NOTE: The judge may issue a consent decree approving the from an office, trust or station in connection with the
agreement between the parties in accordance with law, enforcement or violation of an environmental law rule or
morals, public order and public policy to protect the right of regulation or a right therein, or unlawfully excludes another
the people to a balanced and healthful ecology. (Sec. 5, Rule from the use or enjoyment of such right and there is no
3, A.M. No. 09-6-8-SC) other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a
Citizen’s suit verified petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence, specifying
It is an action to enforce rights or obligations under that the petition concerns an environmental law, rule or
environmental laws, which any Filipino citizen in regulation, and praying that judgment be rendered
representation of others, including minors or generations commanding the respondent to do an act or series of acts
yet unborn, may file. (Sec. 5, Rule 2, AM No. 09-6-8-SC) until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious
PERMANENT ENVIRONMENTAL PROTECTION ORDER neglect to perform the duties of the respondent, under the
(EPO); WRIT OF CONTINUING MANDAMUS law, rules or regulations. The petition shall also contain a
sworn certification of non-forum shopping. (Sec. 1)

Where to file

2021 GOLDEN NOTES
73 2021 & 2022
Remedial Law
The petition shall be filed with the Regional Trial Court recovery of
exercising jurisdiction over the territory where the damages.
actionable neglect or omission occurred or with the Court (Philippine Judicial Academy, 2011)
of Appeals or the Supreme Court. (Sec. 2)
EVIDENCE
Judgment
PRECAUTIONARY PRINCIPLE (2019 BAR)
If warranted, the court shall grant the privilege of the writ
of continuing mandamus requiring respondent to perform The court in upholding the constitutional right of the people
an act or series of acts until the judgment is fully satisfied to a balanced and healthful ecology shall give the evidence
and to grant such other reliefs as may be warranted presented the benefit of the doubt even when there is a lack
resulting from the wrongful or illegal acts of the respondent. of full scientific certainty in establishing a causal link
The court shall require the respondent to submit periodic between human activity and the environmental effect. (Sec.
reports detailing the progress and execution of the 1, Rule 20, A.M. No. 09-6-8-SC)
judgment, and the court may, by itself or through a
commissioner or the appropriate government agency, NOTE: For purposes of evidence, the precautionary
evaluate and monitor compliance. The petitioner may principle should be treated as a principle of last resort,
submit its comments or observations on the execution of where application of the regular Rules of Evidence would
the judgment. cause in an inequitable result for the environmental
plaintiff. (Annotation to the Rules of Procedure for
SPECIAL PROCEEDINGS Environmental Cases)

Writ of kalikasan vs. Writ of continuing mandamus Factors to consider in applying the precautionary
(2019 BAR) principle

WRIT OF WRIT OF CONTINUING 1. Threats to human life or health;
KALIKASAN MANDAMUS 2. Inequity to present or future generations; or
Subject An unlawful Unlawful neglect in the 3. Prejudice to the environment without legal
Matter act or performance of an act consideration of the environmental rights of those
omission of a which the law specifically affected. (Sec. 2, Rule 20, A.M. No. 09-6-8-SC)
public official enjoins as a duty resulting
or employee, from an office, trust or DISCOVERY MEASURES
or private station in connection with
individual or, the enforcement or Interim reliefs available to the petitioner upon filing a
entity, of such violation of an verified motion
magnitude as environmental law rule or
to prejudice regulation, or a right 1. Ocular inspection; or
the life, health, therein. 2. Production or inspection of documents or things.
or property of The unlawful exclusion of (Sec. 12, Rule 7, A.M. No. 09-6-8-SC)
inhabitants in another from the use or
two or more enjoyment of such right
cities or and both instances, there
provinces. is no other plain, speedy
and adequate remedy in
the ordinary course of law.
Who may One who is One who is personally
file personally aggrieved by the unlawful
aggrieved act or omission
Respondent Public or Government and its
private entity officers
or individual
Exemption Exempted Exempted
from docket
fees
Venue SC and CA SC, CA and RTC that has
jurisdiction over the
territory where the
actionable neglect or
omission occurred
Discovery Ocular None
Measures inspection
order

Production
order
Damages None; the Allow damages for
for party must malicious neglect of the
personal institute a performance of the legal
injury separate duty of the respondent.
action for the

2021 GOLDEN NOTES
74 2021 & 2022
University of Santo Tomas

LEGAL ETHICS
PRE-WEEK NOTES 2021 & 2022

LEGAL & JUDICIAL ETHICS COMMITTEE

COMMITTEE HEAD: Hannah Camille N. Lacap

MEMBERS: Hannah Mae M. Medes, Christian Danielle A. Austria, Ma. Bernadette
Basa, Ma. Andrea D. Cabatu, Vanessa L. Galindo, Airah Joy F. Ibardoloza, Rebecca
Joy M. Malitao, Jhea Veronica V. Mendoza, Michaella G. Ramirez, Bianca F. Ramos,
Joana Gracelyn S. Santos, Alexandra Nicole D. Sugay, Cara Louise L. Tecson,
Danice Go Gan, Anne Marvelou J. Tuazon

Atty. Emma Ruby J. Aguilar
ADVISER
Legal Ethics
QUALIFICATIONS FOR NEW LAWYERS e. Public and private international law;

(INCLDUING REACQUISITION OF CITIZENSHIP) f. Political law;
g. Labor and social legislation;
Who may practice law? h. Medical jurisprudence;
i. Taxation;
Any person heretofore duly admitted as a member of the j. Legal ethics; and
bar, or hereafter admitted as such in accordance with the k. Clinical legal education program. (Sec. 5, Rule
provisions of the rule, and who is in good and regular 138, RRC)
standing, is entitled to practice law. (Sec. 1, Rule 138, Rules
of Court) 8. Pass the bar examinations;
9. Take the lawyer’s Oath; and
QUALIFICATIONS FOR ADMISSION TO THE BAR 10. Sign the Roll of Attorneys.

Admission to Philippine Bar The 5-Strike Rule is LIFTED

Passing the Bar examination is not sufficient for admission Under the 5-strike rule, a bar candidate shall be disqualified
of a person to the Philippine Bar. He still has to take the oath after failing thrice; provided that the candidate may take a
of office and sign the Roll of Attorneys as prerequisites to fourth or fifth examination if he successfully completes a
admission. one-year refresher course for each examination.
On September 3, 2013, the Supreme Court
Requirements for admission to the Bar resolved to lift the five-strike rule on bar repeaters,
provided that the candidates have enrolled in and passed in
Under Sections 2, 5 and 6 of Rule 138, the applicant must be regular fourth-year review classes and attended a pre-bar
(C21-GRENAPOS): review course every time they take the Bar Examinations
after failing for the third time, under a curriculum prepared
1. Citizen of the Philippines; by the LEB and in law schools accredited by it for that
2. At least 21 years of age; purpose. This took effect during the 2014 Bar
3. Of Good moral character; Examinations.
4. A Resident of the Philippines;
5. Must produce before the SC satisfactory Evidence of Requirements for admission of a Filipino citizen who
good moral character; graduated from a foreign law school
6. No charges against him, involving moral turpitude,
have been filed or are pending in any court in the He may be admitted to the bar only upon submission to the
Philippines; (Sec. 2, Rule 138, RRC) Supreme Court certifications showing:
7. Must have complied with the Academic requirements: 1. Completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree;
Pre-Law – Pursued and satisfactorily completed in an 2. Recognition or accreditation of the law school by the
authorized and recognized university or college, proper authority;
requiring for admission thereto the completion of a 3. Completion of all fourth-year subjects in the Bachelor
four-year high school course, the course of study of Laws academic program in a law school duly
prescribed therein for a bachelor’s degree in arts or recognized by the Philippine Government; and
sciences. (Sec. 6, Rule 138, RRC) 4. Present proof of completing a separate bachelor’s
degree.
NOTE: Pursuant to the power of the Legal Education
Board (LEB) to prescribe the minimum standards for A Filipino citizen who completed and obtained his or her
law admission under Section 7 (e) of Republic Act No. degree in Bachelor of Laws or its equivalent in a foreign law
7662, titled the “Legal Education Reform Act of 1993,” school must also present proof of completion of a
the LEB required the PhiLSAT as a prerequisite for separate bachelor’s degree. (Bar Matter No. 1153, Re: Letter
admission to the basic law courses leading to either a of Atty. Estelito P. Mendoza Proposing Reforms in the Bar
Bachelor of Laws or Juris Doctor degree beginning Examinations through Amendments to Rule 138 of the Rules
school year 2017 – 2018. of Court, March 9, 2010).

However, in Pimentel v. LEB, LEBMC No. 18-2018 CONTINUING REQUIREMENTS FOR
which prescribes the passing of PhiLSAT as a MEMBERSHIP IN THE BAR
prerequisite for admission to law schools has been
permanently enjoined by the Supreme Court. The GOOD MORAL CHARACTER
regular admission of students who were conditionally
admitted and enrolled is left to the discretion of the Good moral character is a continuing requirement
law schools in the exercise of their academic freedom.
(Pimentel v. LEB, G.R. No. 230642, September 10, 2019) The nature of the office of an attorney requires that a lawyer
shall be a person of good moral character. Since this
Law proper - satisfactorily completed the following qualification is a condition precedent to a license to enter
courses in a law school or university duly recognized upon the practice of law, the maintenance thereof is equally
by the government: essential during the continuance of the practice and the
exercise of the privilege. (Grande v. Atty. De Silva, A.C. No.
a. Civil law; 4838, July 29, 2003)
b. Commercial law;
c. Remedial law; The requirement of good moral character has four
d. Criminal law; general purposes, namely:

2021 GOLDEN NOTES 2021 & 2022
Legal Ethics
so delicately affected with public interest that it is both the
1. To protect the public; power and duty of the state (through the Supreme Court) to
2. To protect the public image of lawyers; control and regulate it in order to protect and promote the
3. To protect prospective clients; and public welfare.
4. To protect errant lawyers from themselves.
Adherence to rigid standards of mental fitness,
Each purpose is as important as the other. (Garrido v. Attys. maintenance of the highest degree of morality, faithful
Garrido and Valencia, A.C. No. 6593, February 4, 2010) observance of the legal profession, compliance with the
mandatory continuing legal education requirement, and
CITIZENSHIP payment of membership fees to the Integrated Bar of the
Philippines (IBP) are the conditions required for
The practice of law is a privilege denied to foreigners. The membership in good standing in the bar and for enjoying
requirement of Filipino citizenship and of residence in the the privilege to practice law. Any breach by a lawyer of any
Philippines is not harsh nor unreasonable, but is based on of these conditions makes him unworthy of the trust and
wise and sound principles of public policy, which takes into confidence which the courts and clients repose in him for
account the close connection of the practice of law with the the continued exercise of his professional privilege. (In re:
administration of justice and the other branches of the petition to re-acquire the privilege to practice law in the
government. (Agpalo, Legal and Judicial Ethics, 2009) Philippines, Epifanio B. Muneses, B.M. No. 2112, July 24, 2011)

REACQUISITION OF THE PRIVILEGE TO PRACTICE LAW He should file the petition with the Supreme Court, through
IN THE PHILIPPINES UNDER R.A. NO. 9225 OR THE the Bar Confidant, accompanied by the original or certified
CITIZENSHIP RETENTION AND REACQUISITION copies of the following documents:
ACT OF 2003
1. Showing that he is still a Filipino citizen. “The Court
How is Citizenship retained under this Act? reiterates that Filipino citizenship is a requirement for
admission to the bar and is, in fact, a continuing
Any provision of law to the contrary notwithstanding, requirement for the practice of law.” (Ibid.) Having
natural-born citizens by reason of their naturalization as retained Philippine citizenship could be evidenced by
citizens of a foreign country are hereby deemed to have re- the Philippine passport, the U.S. Green Card showing
acquired Philippine citizenship upon taking the following Philippine citizenship and U.S. residency, or other
oath of allegiance to the Republic: authentic documents which the Supreme Court may
require.
"I _____________________, solemnly swear (or affirm) that I will
support and defend the Constitution of the Republic of the On the other hand, if Atty. Repatriar has lost his
Philippines and obey the laws and legal orders promulgated Philippine citizenship, he must submit the following:
by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme a. Petition for Re-Acquisition of Philippine
authority of the Philippines and will maintain true faith and Citizenship;
allegiance thereto; and that I imposed this obligation upon b. Order (for Re-Acquisition of Philippine
myself voluntarily without mental reservation or purpose Citizenship);
of evasion." (Sec. 3, RA 9225) c. Oath of Allegiance to the Republic of the
Philippines;
Derivative Citizenship d. Identification Certificate (IC) issued by the Bureau
of Immigration.
The unmarried child, whether legitimate, illegitimate or
adopted, below eighteen (18) years of age, of those who re- The loss of Filipino citizenship means termination of
acquire Philippine citizenship are deemed citizens of the Atty. Repatriar’s membership in the bar; ipso jure the
Philippines. (Sec. 4, RA 9225) privilege to engage in the practice of law. “Under R.A.
No. 9225, natural-born citizens who have lost their
Q: Atty. Repatriar, a law school classmate, approached Philippine citizenship by reason of their naturalization
you on your 25th Class Reunion, with questions on how as citizens of a foreign country are deemed to have re-
he can resume the practice of law in the Philippines. He acquired their Philippine citizenship upon taking the
left the country in 1977 after two (2) years of initial law oath of allegiance to the Republic. Thus, a Filipino
practice and migrated to the United States where he lawyer who becomes a citizen of another country and
was admitted to the practice of law in the State of New later re-acquires his Philippine citizenship under R.A.
York. He asks that you give him a formal legal opinion No. 9225 remains to be a member of the Philippine bar.”
on his query. Outline briefly the steps and the (Ibid.)
supporting legal reasons you would state in your legal
opinion on what Atty. Repatriar should do to resume 2. Certification from the IBP indicating updated payments
his Philippine practice. (2013 BAR) of annual membership dues;
3. Proof of payment of professional tax; and
A: Atty. Repatriar must prepare a sworn petition to re- 4. Certificate of compliance issued by the MCLE Office
acquire the privilege to practice law in the Philippines. He (Ibid.)
should manifest in his petition his desire to resume his law 5. A certificate of good moral character attested to by at
practice in the Philippines, and he is not disqualified to least three (3) members of the bar; and
practice law. The “right to resume the practice of law” is not 6. A certification from the State Bar of New York that Atty.
automatic. R.A. No. 9225 provides that a person who Repatriar does not have any previous or pending
intends to practice his profession in the Philippines must disciplinary action filed against him before that body.
apply with the proper authority for a license or permit to
engage in such practice. It cannot be overstressed that the THE LAWYER’S OATH
practice of law is a privilege burdened with conditions. It is
I, ___________________, of _____________, do solemnly swear that I
2021 GOLDEN NOTES
77 2021 & 2022
Legal Ethics
will maintain allegiance to the Republic of the Philippines, I laws of the Philippines;
will support the Constitution and obey the laws as well as the 2. Not to encourage either the commencement or the
legal orders of the duly constituted authorities therein; I will continuance of an action or proceeding, or
do no falsehood, nor consent to the doing of any in court; I will Delay any man’s cause, from any corrupt motive or
not wittingly or willingly promote or sue any groundless, false interest;
or unlawful suit, or give aid nor consent to the same; I will 3. To counsel or maintain such Actions or proceedings
delay no man for money or malice, and will conduct myself as only as appear to him to be just, and such defenses only
a lawyer according to the best of my knowledge and as he believes to be honestly debatable under the law;
discretion, with all good fidelity as well to the courts as to my 4. To observe and maintain the Respect due to the courts
clients; and I impose upon myself these voluntary obligations of justice and judicial officers;
without any mental reservation or purpose of evasion. So help 5. To Employ, for the purpose of maintaining the causes
me God. confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or
Importance of the lawyer’s oath any judicial officer by an artifice or false statement of
fact or law;
The lawyer’s oath is not a mere ceremony or formality for 6. To maintain inviolate the Confidence and at every peril
practicing law to be forgotten afterwards nor is it mere to himself, to preserve the secrets in connection with
words, drift and hollow; it is a sacred trust that every lawyer his client and to accept no compensation in connection
must uphold and keep inviolable at all times. (Cheng v. with his client’s business except from him or with his
Agravante, A.C. No. 6183, March 23, 2004) knowledge and approval;
7. To abstain from all Offensive personality and to
DUTIES AND RESPONSIBILITIES OF A LAWYER advance no fact prejudicial to the honor and reputation
of a party or witness unless required by the justice of
Four-fold duty of a lawyer under the Code of the cause with which he is charged;
Professional Responsibility (1966, 1979, 1985 BAR) 8. Never to Reject, for any consideration, the cause of the
defenseless or oppressed; and
1. To the Public/Society – He must not undertake any 9. In the Defense of a person accused of a crime, by all fair
action, which violates his responsibility to the society and honorable means, regardless of his personal
as a whole; he must be an example in the community for opinion as to the guilt of the accused, to present every
his uprightness as a member of the society. The lawyer defense that the law permits to the end that no person
must be ready to render legal aid, foster legal reforms, may be deprived of life, liberty, but by due process of
be a guardian of due process, and be aware of his law. (Sec. 20, Rule 138, RRC)
special role in solving special problems and be always
ready to lend assistance in the study and solution of THE CODE OF PROFESSIONAL RESPONSIBILITY
social problems. (Canon 1-6, CPR)
CHAPTER 1
2. To the Bar/Legal Profession – A lawyer observes LAWYER AND SOCIETY
candor, fairness, courtesy and truthfulness in his (Canons 1-6)
conduct towards other lawyers, avoid encroachment in
the business of other lawyers and uphold the honor of 1. Uphold the Constitution and obey the laws of the land
the profession. (Canon 7-9, CPR) and legal processes.
2. Make legal services available in an efficient and
3. To the Courts – A lawyer must maintain towards the convenient manner.
court a respectful attitude, defend against unjust 3. Use of true, honest, fair, dignified and objective
criticisms, uphold the court’s authority and information in making known legal services.
dignity, obey court orders, processes, and assists in the 4. Participate in the improvement of the legal system.
administration of justice. (Canon 10-13, CPR) 5. Keep abreast of legal development and participate in
continuing legal education program and assist in
4. To the Clients– The lawyer owes entire devotion to the disseminating information regarding the law and
interest of his client, warm and zeal in the maintenance jurisprudence.
of the defense of his rights and exertion of utmost 6. Applicability of the CPR to lawyers in the government
learning ability to the end that nothing be taken or service.
withheld from his client except in accordance with law.
He owes a duty of competent and zealous CHAPTER 2
representation to the client, and should preserve his THE LAWYER AND THE LEGAL PROFESSION
client’s secrets, preserve his funds and property and (Canons 7-9)
avoid conflicts of interest. (Canon 14-22, CPR)
7. At all times uphold integrity and dignity of the
NOTE: The first and most important duty of a lawyer is his profession and support the activities of the IBP.
duty to the courts. The lawyer is an officer of the court who 8. Conduct himself with courtesy, fairness and candor
sets the judicial machinery with the main mission of toward his colleagues and avoid harassing tactics
assisting the court in the administration of justice. His against opposing counsel.
public duties take precedence over his private duties. 9. Not to directly or indirectly assist in the unauthorized
practice of law.
Duties of lawyers under the Rules of Court (2006, 2016
BAR) CHAPTER 3
THE LAWYER AND THE COURTS
The following are the duties of a lawyer under the Rules of (Canons 10-13)
Court: (ADA-RECORD)
10. Owes candor, fairness and good faith to the court.
1. To maintain Allegiance to the Republic of the 11. Observe and maintain the respect due to the courts and
Philippines, to support the Constitution and obey the
2021 GOLDEN NOTES
78 2021 & 2022
Legal Ethics
judicial officers and should insist on similar conduct by unauthorized by, or in defiance of, disobedient to, or
others. disregards the law. "Unlawful” conduct does not necessarily
12. Duty to assist in the speedy and efficient administration imply the element of criminality although the concept is
of justice. broad enough to include such element. (Jimenez v.
13. Rely upon the merits of his cause, refrain from any Francisco, A.C. No. 10548, December 10, 2014)
impropriety which tends to influence courts, or give the
appearance of influencing the courts. NOTE: The presence of evil intent on the part of the lawyer
is not essential in order to bring his act or omission within
CHAPTER 4 the terms of this Rule.
THE LAWYER AND THE CLIENT
(Canons 14-22) 3. Immoral Conduct

14. Not to refuse his services to the needy. Conduct which is willful, flagrant, or shameless, and which
15. Observe candor, fairness and loyalty in all his dealings shows a moral indifference to the opinion of the good and
and transactions with clients. respectable members of the community.
16. Hold in trust all the moneys and property of his client
that may come to his possession. The supreme penalty of disbarment arising from conduct
17. Owes fidelity to client’s cause and be mindful of the requires grossly immoral, not simply immoral, conduct.
trust and confidence reposed in him. (Garrido v. Garrido, A.C. No. 6593, February 4, 2010)
18. Serve client with competence and diligence.
19. Represent client with zeal within the bounds of law. Grossly immoral conduct is one that is so corrupt and false
20. Charge only fair and reasonable fees. as to constitute a criminal act or so unprincipled or
21. Preserve the confidence and secrets of client even after disgraceful as to be reprehensible to a high degree. It is
the attorney-client relation is terminated. willful, flagrant, or shameless act, which shows a moral
22. Withdraw services only for good cause and upon notice indifference to the opinion of respectable members of the
appropriate in the circumstances. community. (Figueroa v. Barranco, SBC Case No. 519, July 31,
1997)
DUTIES AND RESPONSIBILITIES OF A LAWYER
TO SOCIETY 4. Dishonesty

RESPECT FOR LAW AND LEGAL PROCESSES Conduct that includes the disposition to lie, cheat, deceive,
defraud or betray; be unworthy; lacking in integrity,

CANON 1 honesty, probity, integrity in principle, fairness and straight
A lawyer shall uphold the Constitution, obey the laws forwardness (Jimenez v. Francisco, A.C. No. 10548, December
of the land and promote respect for law and legal 10, 2014). The concealment or distortion of truth in a matter
processes. relevant to one’s office or connected with the performance
of his duties. (Japson v. CSC, G.R. No. 189479, April 12, 2011)

Two-fold duty under Canon 1 Instances of Gross Immorality and the resulting
consequences
1. Obey the laws and the legal processes; and
2. Inspire others to maintain respect and obedience 1. Abandonment of wife and cohabiting with another
thereto. woman. DISBARRED (Obusan v. Obusan, Jr., A.C. No.
1392, April 2, 1984; Ceniza v. Ceniza, A.C. No. 8335, April
NOTE: The portion of Canon 1, which calls for lawyers to 10, 2019);
“promote respect for law and for legal processes”, is a call 2. A lawyer who had carnal knowledge with a woman
to uphold the ‘Rule of Law. (Funa, 2009) through a promise of marriage which he did not fulfill.
DISBARRED (In re: Disbarment of Armando Puno, A.C.
Concept of “Rule of Law” No. 389, February 28, 1967);
3. Seduction of a woman who is the niece of a married
“The supremacy of the law” provides that decisions should woman with whom respondent lawyer had an
be made by the application of known legal principles or adulterous relation. DISBARRED (Royong v. Oblena,
laws without the intervention of discretion in their A.C. No. 376, April 30, 1963);
application. (Black’s Law Dictionary) 4. Lawyer arranging marriage of his son to a woman with
whom the lawyer had illicit relations. DISBARRED
NOTE: A lawyer’s oath to uphold the cause of justice is (Mortel v. Aspiras, A.M. No. 145, December 28, 1956);
superior to his duty to his client; its primacy is indisputable. 5. Lawyer inveigling a woman into believing that they
(Cobb-Perez v. Lantin, G.R. No. L-22320, July 29, 1968) have been married civilly to satisfy his carnal desires.
DISBARRED (Terre v. Terre, A.M. No. 2349, July 3, 1992);
Definitions 6. Lawyer taking advantage of his position as chairman of
the college of medicine and asked a lady student to go
1. Deceitful Conduct with him to Manila where he had carnal knowledge of
her under threat that if she refused, she would flunk in
An act that has the proclivity for fraudulent and deceptive all her subjects. DISBARRED (Delos Reyes v. Aznar, A.M.
misrepresentation, artifice or device that is used upon No. 1334, November 28, 1989);
another who is ignorant of the fact, to the prejudice and 7. Bigamy perpetrated by the lawyer. DISQUALIFIED
damage of the party imposed upon. (Jimenez v. Francisco, FROM ADMISSION TO THE BAR (Royong v. Oblena,
A.C. No. 10548, December 10, 2014) A.C. No. 376, April 30, 1963);
8. Concubinage coupled with failure to support
2. Unlawful Conduct illegitimate children. SUSPENDED INDEFINITELY
(Laguitan v. Tinio, A.M. No. 3049, December 4, 1989);
Any act or omission that is contrary to, or prohibited or
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9. Maintaining adulterous relationship with a married Proceedings Against Atty. Diosdado Q. Gutierrez, A.C. No.
woman. SUSPENDED INDEFINITELY (Cordova v. L- 363, July 31, 1962);
Cordova, A.M. No. 3249, November 29, 1989); 4. Conviction of illegal marriage before admission to the
10. A retired judge who penned a decision 7 months after bar. DISQUALIFIED FROM BEING ADMITTED TO THE
he retired, antedating the decision and forcing his BAR (Villasanta v. Peralta, 101 Phil.313, April 30, 1957);
former court staff to include it in the expediente of the 5. Conviction of falsification of public document.
case. DISBARRED (Radjaie v. Alovera, A.C. No. 4748, REMOVED FROM HIS OFFICE/NAME ERASED FROM
August 4, 2000); ROLL OF ATTORNEYS (De Jesus-Paras v. Vailoces, A.C.
11. Forging a Special Power of Attorney. SUSPENDED FOR No. 439, April 12, 1961);
3 YEARS (Rural Bank of Silay, Inc. v. Pilla, A.C. No. 3637, 6. Conviction of Estafa through falsification of public
January 24, 2001); document. DISBARRED (Villanueva v. Sta. Ana, CBD
12. Attempting to engage in an opium deal SUSPENDED Case No. 251, July 11, 1995);
FOR 1 YEAR (Piatt v. Abordo, 58 Phil. 350, September 1, 7. Conviction of Abduction. SUSPENDED FROM OFFICE
1933); or FOR 1 YEAR (In Re Basa, 41 Phil. 275, December 7,
13. Facilitating the travel of a person to the U.S. using 1920);
spurious travel documents. DISBARRED. (Sebastian v. 8. Conviction of Concubinage. SUSPENDED FROM
Calis, A.C. No. 5118, September 9, 1999) OFFICE FOR 1 YEAR (In re Isada, 60 Phil. 915,
November 16, 1934);
Morality vs. Immoral Conduct 9. Conviction of Smuggling. DISBARRED (In re Rovero,
A.C. No. 126, October 24, 1952); or
MORALITY IMMORAL CONDUCT 10. Conviction of homicide. DISBARRED (Garcia v.
Sesbreno, A.C. No. 7973 and A.C. No. 10457, February 3,
Morality as understood in Immoral conduct has been 2015).
law is a human standard defined as that conduct
based on natural moral which is willful, flagrant, or NOTE: Psychological incapacity of a lawyer does not
law which is embodied in shameless and which shows necessarily make him an unfit member of the Bar. (Paras v.
man’s conscience and a moral indifference to the Paras, G.R. NO. 147824, August 2, 2007)
which guides him to do opinion of the good and
good and avoid evil. respectable members of the Examples of activities aimed at defiance of the law or at
community. (Arciga v. lessening confidence in the legal system
Maniwang, A.M. No. 1608,
August 14, 1981) 1. Advising his clients to execute another Deed of Sale
antedated to evade payment of capital gains taxes
Moral turpitude (Chua v. Mesina, A.C. No. 4904, August 12, 2004);
2. Lawyer who engages in prohibited campaigning, use of
An act of baseness, vileness, or depravity in the private government resources and solicitation of votes, in
duties which a man owes to his fellow men or to society in campaigning for national positions in the IBP (Re: 1989
general, contrary to justice, honesty, modesty, or good Elections of IBP, B.M. No. 491, October 6, 1989); or
morals. (Garcia v. Sesbreno, A.C. No. 7973 and A.C. No. 10457, 3. Repeatedly disobeying orders of SEC to appear in its
February 3, 2015) hearings and repeatedly failing to substantiate his
excuse for failing to appear. (Batac et. al. v. Cruz, Jr., A.C.
NOTE: Moral turpitude is not involved in every criminal act No. 5809, February 23, 2004)
and is not shown by every known and intentional violation Barratry vs. Ambulance chasing (1993 BAR)
of statute, but whether any conviction involves moral
turpitude may be a question of fact and frequently depends BARRATRY AMBULANCE CHASING
on all the surrounding circumstances. An offense of An act of chasing victims of
frequently exciting and accidents to talk to the said
While generally but not always, crimes mala in se involve stirring up quarrels victims (or relatives) and to
moral turpitude, while crimes mala prohibita do not, it and suits, either at law offer his legal services for the
cannot always be ascertained whether moral turpitude or otherwise; lawyer’s filing of a case against the
does or does not exist by classifying a crime as malum in se act of fomenting suits person(s) who caused the
or as malum prohibitum, since there are crimes which are among individuals and accident(s). It has spawned a
mala in se and yet rarely involve moral turpitude and there offering his legal number of recognized evils
are crimes which involve moral turpitude and are mala services to one of them. such as (FSMD):
prohibita only.
Barratry is not a crime 1. Fomenting of litigation
It follows therefore, that moral turpitude is somewhat a under the Philippine with resulting burdens on
vague and indefinite term, the meaning of which must be laws. However, it is the courts and the public;
left to the process of judicial inclusion or exclusion as the proscribed by the rules 2. Subordination of perjury;
cases are reached. (Garcia v. Sesbreno, A.C. No. 7973 and A.C. of legal ethics. 3. Mulcting of innocent
No. 10457, February 3, 2015) persons by judgments,
upon manufactured causes
Examples of acts involving moral turpitude and the of action; and
resulting consequences 4. Defrauding of injured
persons having proper
1. Conviction of Estafa and/or BP 22. DISBARRED (In the causes of action but
Matter of Disbarment Proceedings v. Narciso N. ignorant of legal rights and
Jaramillo, En Banc A.C. No. 229, April 30, 1957); court procedures by
2. Conviction of bribery/ attempted bribery. DISBARRED means of contracts which
(In Re: Dalmacio De los Angeles, A.C. No. L-350, August 7, retain exorbitant
1959; 7 C.J.S., p. 736; 5 Am. Jur. p. 428); percentages of recovery
3. Conviction of murder. DISBARRED (In Re: Disbarment

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and illegal charges for 4. Relation to the colleagues at the bar is characterized by
court costs and expenses candor, fairness, and unwillingness to resort to
and by settlement made current business methods of advertising and
for quick returns of fees encroachment on their practice or dealing directly
and against just rights of with their clients.
the injured persons.
(Hightower v. Detroit Advertisements
Edison Co. 247 NW 97,
1993) GR: Advertisement by lawyers is NOT allowed. The most
worthy and effective advertisement possible is the
Crime of maintenance establishment of a well-merited reputation for professional
capacity and fidelity to trust. (Director of Religious Affaits v.
Maintenance is the intermeddling of an uninterested party Bayot, A.C. No. L-1117, March 20, 1944)
to encourage a lawsuit. It is a taking in hand, a bearing up or
upholding of quarrels or sides, to the disturbance of the REASON: The proscription against advertising of legal
common right (Funa, 2009). A lawyer owes to society and to services or solicitation of legal business rests on the
the court the duty not to stir up litigation. fundamental postulate that the practice of law is a
profession. (Ulep v. Legal Aid, Inc., B.M. No. 553, June 17,
EFFICIENT AND CONVENIENT LEGAL SERVICES 1993)

It is the lawyer’s prime duty to see to it that justice is XPNs: (LEPO-LABAN-PD) (2015 BAR)
accorded to all without discrimination. 1. Reputable Law lists, in a manner consistent with the
standards of conduct imposed by the canons, of brief
Definitions: biographical and informative data;
2. Advertisements or simple announcement of the
1. Defenseless Existence of a lawyer or his law firm posted anywhere
where it is proper such as his place of business or
Those who are not in a position to defend themselves due residence except courtrooms and government
to poverty, weakness, ignorance or other similar reasons. buildings;
3. Ordinary, simple Professional Card. It may contain only
2. Oppressed a statement of his name, the name of the law firm which
he is connected with, address, telephone number and
Those who are the victims of the cruelty, unlawful exaction, the special branch of law practiced;
domination or excessive use of authority. 4. A simple announcement of the Opening of a law firm or
of changes in the partnership, associates, firm name or
A lawyer so appointed as counsel for an indigent prisoner, office address, being for the convenience of the
as the Canons of Professional Ethics demands, should profession;
always “exert his best efforts” in the indigent’s behalf. 5. Advertisements or announcement in any Legal
(People v. Estebia, G.R. No. L-26868, December 27, 1972) publication, including books, journals, and legal
magazines and in telephone directories (Ulep v. Legal
NOTE: The inability to pay for legal services is not a valid Clinic, Inc., B.M. No. 553, June 17, 1993);
reason to refuse acceptance of a case. This is because the 6. Writing legal Articles;
profession is a branch of the administration of justice and 7. Engaging in Business and other occupations except
not a mere money-getting trade. (CPR Annotated, PhilJA) when such could be deemed improper, be seen as
indirect solicitation or would be the equivalent of a law
RULE 2.02, CANON 2 practice;
In such cases, even if the lawyer does not accept a case, 8. Activity of an association for legal representation;
he shall not refuse to render legal advice to the person 9. Notice to other local lawyers and publishing in a legal
concerned if only to the extent journal of one’s availability to act as an associate for
necessary to safeguard the latter’s rights. them;
10. Seeking a Public office, which can only be held by a
Rendering of Legal Advice includes preliminary steps that lawyer or, in a dignified manner, a position as a full-
should be taken, at least, until the person concerned has time corporate counsel; and
obtained the services of a proper counsel’s representation. 11. Listing in a phone Directory, but not under a
Even though no attorney-client relationship is created designation of a special branch of law. (Atty. Khan Jr. v.
between the parties, the lawyer, by providing interim Atty. Simbillo, A.C. No. 5299, August 19, 2003)
advice, preserves the dignity of the profession by inspiring
public faith in the profession. (CPR Annotated, PhilJA) NOTE: For solicitation to be proper, it must be compatible
with the dignity of the legal profession. If made in a modest
Rationale behind the rule that legal profession is not and decorous manner, it would bring no injury to the lawyer
considered as a business (2006 BAR) or to the bar. (Pineda, 2009)

It is not a business because it is a: Rationale for the Prohibition of Advertisements
1. Duty of public service, of which the emolument is a
byproduct, and in which one may attain the highest 1. The profession is primarily for public service;
eminence without making much money; 2. Commercializes the profession;
2. Relation, as an “officer of the court”, to the 3. Involves self-praise and puffing;
administration of justice involving thorough sincerity, 4. Damages public confidence; and
integrity and reliability; 5. May increase lawsuits and result in needless litigation.
3. Relation to clients with the highest degree of fiduciary;
and Examples of indirect solicitation

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1. Writing and selling for publication articles of general
nature on legal subjects; and RULE 3.02, CANON 3
2. Writing unsolicited articles on a legal subject. In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the
NOTE: If engaged in another profession or occupation name of a deceased partner is permissible provided that
concurrently with the practice of law, the lawyer shall make the firm indicates in all its communications that said
clear to his client whether he is acting as a lawyer or in partner is deceased. (1994, 1996, 2001 BAR)
another capacity.
A lawyer is not authorized to use a name other than the
RULE 2.04, CANON 2 name inscribed in the Roll of Attorneys in his practice of
A lawyer shall not charge rates lower than those law. (Pangan v. Atty. Ramos, A.M. No. 1053, September 7,
customarily prescribed unless the circumstances so 1979)
warrant. (1997, 2005 BAR)
Rationale behind the rule that the name of deceased
GR: A lawyer shall not charge rates lower than those partner may still be used
customarily prescribed.
All the partners have, by their joint and several efforts over
XPN: When clients are relatives, co-lawyers, or are a period of years contributed to the goodwill attached to the
indigents. firm name. In the case of a firm having widespread
connections, this goodwill is disturbed by a change in firm
What the rule prohibits is a competition in the matter of name every time a partner dies, and that reflects a loss in
charging professional fees to attract clients in favor of the some degree of the goodwill to the building up of which the
lawyer who offers lower rates. The rule does not prohibit a surviving partners have contributed their time, skill and
lawyer from charging a reduced fee or none at all to an labor through a period of years. (CPR Annotated, PhilJA)
indigent. (Comments of the IBP Committee)
NOTE: No name not belonging to any of the partners or
TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE associates may be used in the firm name for any purpose.
INFORMATION ON LEGAL SERVICES
RULE 6.03, CANON 6
Brazen commercialization of legal services is not A lawyer shall not, after leaving government service,
allowed accept engagement or employment in connection with
The practice of law is not a trade like the sale of any matter in which he had intervened while in said
commodities to the general public where "the usual service. (1992, 1993, 2001 BAR)
exaggerations in trade, when the proper party had the
opportunity to know the facts, are not in The restriction provided under the rule covers engagement
themselves fraudulent.” (Art. 1340, NCC) or employment which means that he cannot accept any work
or employment from anyone that will involve or relate to
RULE 3.01, CANON 3 the matter in which he intervened as a public official, except
A lawyer shall not use or permit the use of any false, on behalf of the body or authority which he served during
fraudulent, misleading, deceptive, undignified, self- his public employment. (CPR Annotated, PhilJA)
laudatory or unfair statement or claim regarding his
qualifications or legal services. (1997 BAR) NOTE: Sec. 7(b) of R.A. 6713 prohibits former public official
or employee for a period of 1 year after retirement or
Any false, exaggerating or untrue claims about his separation from office to practice his profession in
qualification are clearly unethical. connection with any matter before the office he used to be
with.
Example: When a lawyer makes representation to a
prospective client that he has never lost a single case in his Adverse-interest Conflict vs. Congruent-interest
entire career. Certainly, this is impossible for the best Conflict
lawyers in the country have experienced losing cases.
(Antiquiera, 1992) ADVERSE-INTEREST CONGRUENT-INTEREST
CONFLICTS REPRESENTATION
Self-laudation is prohibited CONFLICTS
Exist where the matter in The disqualification does not
Certain self-laudatory information such as election to a which the former involve a conflict at all,
public office, scholastic honors and achievements, and legal government lawyer because it prohibits the
authorships may be disseminated. What is prohibited is that represents a client in lawyer from representing a
which “creates an unjustified expectation about results the private practice is private practice client even if
lawyer can achieve.” (Funa, 2009) substantially related to the interests of the former
the matter that the government client and the
Examples of Advertisements considered as deceptive lawyer dealt with while new client are entirely
employed by the parallel.
1. Misstatements of fact; government and the
2. Suggestions that the ingenuity or prior record of a interests of the
lawyer rather than the justice of the claim are the government and the
principal factors likely to determine the result; interests of the current
3. Inclusion of information irrelevant in selecting a and former are adverse.
lawyer; and
4. Representations concerning the quality of service, NOTE: “Congruent-interest representation conflict,” unlike
which cannot be measured or verified. (CPR Annotated, the “adverse-interest conflict,” is unique to former
PhilJA) government lawyers. (PCGG v. Sandiganbayan, G.R. Nos.

2021 GOLDEN NOTES
82 2021 & 2022
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151809-12. April 12, 2005) Concealment will be taken against him. It is the fact of
concealment and not the commission of the crime itself that
DUTIES AND RESPONSIBILITIES OF A LAWYER TO THE makes him morally unfit to become a lawyer. When he made
LEGAL PROFESSION concealment he perpetrated perjury. (In re: Victorino
Lanuevo, A.M. No. 1162, August 29, 1975)
CANON 7
A lawyer shall at all times uphold the integrity and RULE 7.02, CANON 7
dignity of the legal profession and support the A lawyer shall not support the application for
activities of the integrated bar. admission to the bar of any person known by him to be
unqualified in respect to character, education, or other
INTEGRATED BAR OF THE PHILIPPINES relevant attribute.

It is an official national body composed of all persons whose The rationale behind the rule goes beyond the personal
names now appear or may hereafter be included in the Roll responsibility to be upright and honest. It further extends
of Attorneys of the Supreme Court. (Sec. 1, Rule 139-A, RRC) to the lawyer’s responsibility to uphold the integrity and
dignity of the profession, by not blindly issuing
NOTE: The Integrated Bar is a state-organized bar, to which certifications in support of applications for admission to the
every lawyer must belong, as distinguished from bar bar of persons known to him or her to have questionable
associations organized by lawyers themselves, where character, inadequate education or other relevant
membership is voluntary. It is a national organization of attributes not consistent with any or all of the requirements
lawyers created on 16 January 1973 under Rule 139-A of for admission (CPR Annotated, PhilJA).
the Rules of Court, and constituted on 4 May 1973 into a
body corporate by PD No. 181. RULE 7.03, CANON 7
Fundamental purposes of the IBP A lawyer shall not engage in conduct that adversely
1. To elevate the standards of the legal profession; reflects on his fitness to practice law, nor shall he,
2. Improve the administration of justice; and whether in public or private life, behave in a
3. Enable the Bar to discharge its public responsibility scandalous manner to the discredit of the legal
more effectively. (Sec. 2, Rule 139-A, RRC) profession. (2004 BAR)

NOTE: The Philippines is divided into nine (9) Regions of NOTE: A member of the Bar and officer of the court is not
the Integrated Bar, with a Chapter organized in every only required to refrain from adulterous relationships or
province. Each Chapter shall have its own local government the keeping of mistresses but must also so behave himself
as provided for by uniform rules to be prescribed by the as to avoid scandalizing the public by creating the belief that
Board of Governors and approved by the Supreme Court. he is flouting those moral standards. (Zaguirre v. Castillo,
(Secs. 3 and 4, Rule 139-A, RRC) A.C. No. 4921, March 6, 2003)

UPHOLDING THE DIGNITY AND INTEGRITY OF THE Defense of In Pari Delicto is sufficient ground for
PROFESSION disbarment

The concealment of an attorney in his application to take In a disbarment proceeding, it is immaterial that the
the bar exams of the fact that he had been charged with or complainant was also at fault, in pari delicto, because this is
indicted for an alleged crime, is ground for revocation of his not a proceeding to grant relief to the complainant, but one
license to practice law. (In re: Victorino Lanuevo, A.M. No. to purge the law profession of unworthy members, to
1162, August 29, 1975) protect the public and the courts. Pari delicto is not always
a complete defense. (Mortel v. Aspiras, A.M. No. 145,
Honest mistake as excuse in making false statement December 28, 1956)

An honest mistake in making false statement may be a valid COURTESY, FAIRNESS, AND CANDOR TOWARDS
excuse but the burden of proof lies on the one who alleges PROFESSIONAL COLLEAGUES
it.
CANON 8
On the other hand, to be liable for suppressing a fact or A lawyer shall conduct himself with courtesy, fairness
information in the application, the suppression must be: and candor towards his professional colleagues, and
shall avoid harassing tactics against opposing counsel.
1. Deliberately or knowingly made; and
2. The fact or information suppressed must be material. The lawyer’s arguments, whether written or oral, should be
(CPR Annotated, PhilJA) gracious to both the court and opposing counsel and be of
such words as may be properly addressed by one
Discovery of False statements or Supression of Material gentleman to another. (National Security Co. v. Jarvis, 278
Fact in the application for admission to the Bar U.S. 610)

1. Before the candidate could take the bar examinations - A lawyer’s language should be forceful but dignified,
he will be denied permission to take the examinations. emphatic but respectful as befitting an advocate and in
2. After the candidate had passed the examinations but keeping with the dignity of the legal profession. The use of
before having been taken his oath - he will not be unnecessary language is proscribed if we are to promote
allowed to take his oath as a lawyer. high esteem in the courts and trust in judicial
3. After the candidate had taken his oath as a lawyer - his administration. (Lacurom v. Jacoba, A.C. No. 5921, March 10,
name will be stricken from the Roll of Attorneys. 2006)

Effect of concealment of a crime which does not involve Instances of Lack of Candor (Honesty)
moral turpitude

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83 2021 & 2022
Legal Ethics
1. Misquoting the contents of paper, testimony of a contempt. (Bildner v. Ilusorio, G.R. No. 157384, June
witness, the language or the argument of opposing Ilusorio, G.R. No. 157384, 5, 2009)
counsel; or the language of the decision or a textbook; June 5, 2009)
2. With knowledge of its invalidity, to cite as authority a
decision that has been overruled or a statute that has RULE 8.02, CANON 8
been repealed, or in the argument to assert as a fact that A lawyer shall not, directly or indirectly, encroach
which has not been proved, or in those jurisdictions upon the professional employment of another lawyer;
where the side has the opening and closing arguments however, it is the right of any lawyer, without fear or
to mislead his opponent by concealing or withholding favor, to give proper advice and assistance to those
positions in his opening argument upon which his side seeking relief against unfaithful or neglectful counsel
then intends to rely; (1995, 1997, 2001, 2005, 2006 BAR)
3. Offering evidence which he knows the court should
reject; or A person without a retained lawyer is a legitimate
4. Introducing into an argument, addressed to the court, prospective client for any lawyer whom he approaches for
remarks or statements intended to influence the legal services. But, as soon as he had retained one and had
bystanders. (Pineda, 2009) not dismissed the retained counsel, efforts on the part of
another lawyer to take him as client constitutes an act of
Instances of disrespectful language encroaching upon the employment of another lawyer.

1. Categorizes the Supreme Court decision as false, A lawyer should not in any way communicate upon the
erroneous and illegal (Surigao Mineral Reservation subject of controversy with a party represented by counsel,
Board v. Cloribel, G.R. No. L-27072, January 9, 1970); much less should he undertake to negotiate or compromise
2. Description of judges attitude as “unjust, hostile, the matter with him but should deal with his counsel.
vindictive and dangerous.” (Cornejo v. Judge Tan, G.R.
No. L-2217, March 23, 1950); Any act which is aimed to ease out a previous lawyer with
3. Stating that “justice is not only blind, but also deaf and the intention to grab the case is highly unethical and should
dumb.” (In Re: Almacen, G.R. No. L-27654, February 18, be avoided. (Antiquiera, 1992)
1970);
4. Attributing to the Supreme Court acts of dismissing Exceptions
judges “without rhyme and reason” and disbarring 1. A lawyer may properly interview any witness or
lawyers “without due process.” (Zaldivar v. Gonzales, prospective witness for the opposing side in any civil or
G.R. Nos. 79690-707, February 1, 1989); criminal action without the consent of opposing
5. Calling an adverse counsel as “bobo” or using the word counsel or party (Canon 39 of Canons of Professional
“ay que bobo” in reference to the manner of offering Ethics); and
evidence (Castillo v. Padilla Jr., A.M. No. 2339, February 2. Any person who seeks relief against an unfaithful or
24, 1984); neglectful lawyer may approach another lawyer for
6. Calling an adverse counsel as “polpol” (Noble III v. Atty. proper advice and assistance. (Rule 8.02, Canon 8 of the
Ailes, A.C. No. 10628, July 1, 2015); and Code of Professional Responsibility)
7. Any other analogous cases.
NOTE: Any advice or assistance extended after proper
Criticism verification is not encroaching upon the business of
another lawyer for such act is justified under the
Mere criticism or comment on the correctness or circumstances.
wrongness, soundness or unsoundness of the decision of
the court in a pending case made in good faith may be NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW
tolerated; but to hurl the false charge that the Supreme
Court has been committing deliberately so many blunders Unauthorized Practice of Law
and injustices would tend necessarily to undermine the
confidence of the people in the honesty and integrity of its Unauthorized practice of law is committed when a person,
members, and consequently to lower or degrade the not a lawyer, performs acts which are exclusive to members
administration of justice, and it constitutes contempt. of the bar. (Pineda, 2009)
(Bildner v. Ilusorio, G.R. No. 157384, June 5, 2009)
REASON: To protect the public, the court, the client, and the
Criticism vs. Insult bar from the incompetence or dishonesty of those
unlicensed to practice law and not subject to the
CRITICISM INSULT disciplinary control of the court. (Cambaliza v. Cristal-
Confined to the facts and Passes beyond that line and Tenorio, A.C. No. 6290, July 14, 2004)
is based on the decisions charge that judicial conduct
of the court. was influenced by improper, There is no violation of this canon if a lawyer employs a
corrupt, or selfish motives, paralegal graduate to assist him in the practice of law since
or that such conduct was the job of a paralegal is limited to drafting of documents,
affected by political case management, etc. (Antiquiera, 1992)
prejudice or interest, the
tendency is to create distrust Q: Will a lawyer violate the CPR if he forms a
and destroy the confidence partnership with professionals of other disciplines like
of the people in their courts. doctors, engineers, architects or accountants? (2014
A criticism after a case has An insult hurled to the court, BAR)
been disposed of can no even after a case is decided,
longer influence the court, can under no circumstance A: YES. The CPR prohibits unauthorized practice of law so
and on that ground, it be justified. (Bildner v. that lawyers cannot directly or indirectly assist said
does not constitute practice or delegate its practice to one who is not qualified
to do so. In partnership, the act of a partner is the act of the
2021 GOLDEN NOTES
84 2021 & 2022
Legal Ethics
partnership; hence, a non-lawyer cannot perform an act Arayata, Per. Rec. Nos 3527, 3408, August 23, 1935);
that has a legal effect and in the name of the partnership. 3. Lawyer encashing a check payable to a deceased
cousin by signing the latter’s name on the check (In re:
DUTIES AND RESPONSIBILITIES OF A LAWYER Samaniego, A.C. No. 74, November 20, 1959);
TO THE COURTS 4. Lawyer falsified a power of attorney and used it in
collecting the money due to the principal and
CANDOR, FAIRNESS & GOOD FAITH TO THE COURTS appropriated the money for his own benefit (In re:
Rusiana, A.C. No. 270, March 29, 1974);
The burden cast on the judiciary would be intolerable if it 5. Lawyer alleging in one pleading that his clients were
could not take at face value what is asserted by counsel. merely lessees of the property involved, and alleged in
(Muñoz v. People, G.R. No. L-33672, September 28, 1973) a later pleading that the same clients were the owners
of the same property where there are false allegations
As officers of the court, lawyers have the primary obligation in the pleadings (Chavez v. Viola, A.C. No. 2152, April 19,
towards the administration of justice. To mislead the court 1991);
is contumacious and clearly a ground for disciplinary 6. Lawyer uttering falsehood in a Motion to Dismiss
action. (Antiquiera, CPR) (Martin v. Moreno, A.C. No. 1432, May 21, 1984);
7. Lawyer denying having received the notice to file brief
Requirements of candor which is belied by the return card (Ragasajo v. IAC, G.R.
No. L-69129, August 31, 1987);
1. A lawyer shall not suppress material and vital facts 8. Lawyer presenting falsified documents in court which
which bear on the merit or lack of merit of a complaint he knows to be false (Berenguer v. Carranza, A.C. No.
or petition; 716, January 30, 1969; Umaguing v. Atty. De Vera, A.C.
2. A lawyer shall volunteer to the court any development No. 10451, February 4, 2015);
of the case which has rendered the issue raised moot 9. Lawyer filing false charges or groundless suits (Retuya
and academic; v. Gorduiz, A.C. No. 1388, March 28, 1980); and
3. Disclosure to the court of any decision adverse to his 10. Lawyer making untruthful and false statements before
position of which opposing counsel is apparently the court. (Molina v. Magat, A.C. No. 1900, June 13,
ignorant and which court should consider in deciding a 2012)
case; and
4. He shall not represent himself as a lawyer for a client, Instances when lawyers can be disciplined based on the
appear in court and present pleadings in the latter’s pleadings they filed
behalf only to claim later that he was not authorized to
do so. When a counsel deliberately:
1. Files an unsigned pleading in violation of the rules;
RULE 10.01, CANON 10 2. Alleges scandalous matters therein; or
A lawyer shall not do any falsehood, nor consent to the 3. Fails to promptly report to the court a change of his
doing of any in court; nor shall he mislead, or allow address. (Sec. 3, Rule 7, RRC)
the court to be misled by any artifice.
NOTE: A lawyer should not abuse his right of recourse to
A lawyer must be a disciple of truth. He should bear in mind the courts for the purpose of arguing a cause that had been
that as an officer of the court his high vocation is to correctly repeatedly rebuffed. Neither should he use his knowledge
inform the court upon the law and the facts of the case and of law as an instrument to harass a party nor to misuse
to aid it in doing justice and arriving at a correct conclusion. judicial processes, as the same constitutes serious
The courts on the other hand are entitled to expect only transgression of the CPR. For while he owes fidelity to the
complete honesty from lawyers appearing and pleading cause of his client, it should not be at the expense of truth
before them. While a lawyer has the solemn duty to defend and the administration of justice. (Garcia v. Francisco, A.C.
his client’s cause, his conduct must never be at the expense No. 3923, March 30, 1993)
of truth. (Young v. Batuegas, A.C. No. 5379, May 9, 2003).
RESPECT FOR COURTS AND JUDICIAL OFFICERS
NOTE: A lawyer owes fidelity to the cause of his client but
not at the expense of truth and the administration of justice. Disrespect toward the court would necessarily undermine
(Garcia v. Francisco, A.C. No. 3923, March 30, 1993). the confidence of the people in the honesty and integrity of
the members of the court, and consequently, to lower or
Presenting false evidence is not justifiable. It is a clear degrade the administration of justice by the court. (In re
violation of Canon 10 and Rule 10.01 of the CPR. Aside from Sotto, 82 Phil. 595, January 21, 1949)
violations of the CPR, the lawyer is also guilty of a crime
under Art. 184, Revised Penal Code, which states: All lawyers are expected to recognize the authority of the
Supreme Court and obey its lawful processes and orders.
"Any person who shall knowingly offer in evidence a Despite errors which one may impute on the orders of the
false witness or testimony in any judicial or official Court, these must be respected, especially by the bar or the
proceeding, shall be punished as guilty of false lawyers who are themselves officers of the courts. (Yap-
testimony and shall suffer the respective penalties Paras v. Atty. Paras, A.C. No. 4947, June 7, 2007)
provided in this section.”
NOTE: The fact that a person is a lawyer does not deprive
Examples of falsehood him of the right, as enjoyed by every citizen, to comment on
and criticize the actuations of a judge but it is the cardinal
1. Lawyers falsely stating in a deed of sale that property condition of all criticisms that it shall be bona fide, and shall
is free from all liens and encumbrances when it is not not spill over the walls of decency and propriety. (Zaldivar v.
so (Sevilla v. Zoleta, A.C. No. 31, March 28, 1955); Gonzales, G.R. Nos. 79690-707, February 1, 1989)
2. Lawyers making it appear that a person, long dead,
executed a deed of sale in his favor (Monterey v. What a lawyer can ordinarily say against a concluded
litigation and the manner the judge handed the decision
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therein may not generally be said to a pending action. The involving the same parties for the same cause of action,
court, in a pending litigation, must be shielded from either simultaneously or successively, to obtain a favorable
embarrassment and influence in performing the important judgment. (Foronda v. Atty. Guerrero, A.C. No. 5469, August
duty of deciding it (In re Almacen, G.R. No. L-27654, February 10, 2004)
18, 1970). On the other hand, once litigation is concluded,
the judge who decided on it is subject to the same criticism NOTE: If same evidence supports both actions, there is also
as any other public official because then his ruling becomes forum shopping.
public property and is thrown open to public consumption.
(Strebel v. Figueras, G.R. No. L-4722, Dec 29, 1954; In re It is an act of malpractice for it trifles with the courts, abuses
Almacen, G.R. No. L-27654, February 18, 1970) their processes, degrades the administration of justice and
adds to the already congested court dockets. What is critical
Proper venue/forum for the filing of the following is the vexation brought upon the courts and the litigants by
cases: a party who asks different courts to rule on the same or
related causes and grant the same or substantially the same
NATURE OF THE CASE WHERE TO FILE relief, which creates the possibility of conflicting decisions
being rendered by different forums upon the same issues,
If administrative in nature It shall be filed with the regardless of whether the court, in which one of the suits
Office of the Court was brought, has no jurisdiction over the action. (Top Rate
Administrator of the Construction and General Services v. Paxton Devt. Corp., G.R.
Supreme Court. No. 151081, September 11, 2003)

If criminal and not purely It shall be filed with the
Prevention Against Forum Shopping
administrative Office of the Ombudsman,

also with the Office of the
City Prosecutor (OCP). The Supreme Court, in several Circulars it had issued,
required the attachment to all initiatory pleadings a sworn
If it involves a Justice of the It must be coursed through certification, that:
Supreme Court based on the House of
impeachable offenses Representative and the 1. The initiating party has not therefore commenced any
Senate in accordance with action or filed any claim involving the same issues in
the rules on impeachment. any court, tribunal or quasi-judicial agency and, to the
best of his knowledge, no such other action or claim is
Source: (CPR Annotated, PhilJA) pending therein;
2. If there is such other pending action or claim, a
NOTE: An administrative complaint is not an appropriate complete statement of the present status thereof; and
remedy where judicial recourse is still available, such as a 3. If he should thereafter learn that the same or similar
motion for reconsideration, an appeal, or a petition for action or claim has been filed or is pending, he shall
certiorari, unless the assailed order or decision is tainted report that fact within his aforesaid complaint or
with fraud, malice, or dishonesty. (Santiago III v. Justice initiatory pleading has been filed. (Sec. 5, Rule 7, Revised
Enriquez, Jr., A.M. No. CA-09-47-J, February 13, 2009) Ruled of Civil Procedure)

ASSISTANCE IN THE SPEEDY AND EFFICIENT Possible consequences of forum shopping
ADMINISTRATION OF JUSTICE
1. Summary dismissal without prejudice unless there is
CANON 12
a willful or deliberate forum-shopping (Sec. 5, Rule 7,
A lawyer shall exert every effort and consider it his
RRC);
duty to assist in the speedy and efficient 2. Penalty for direct contempt of court on the party and
administration of justice. his lawyer in case of willful and deliberate forum-
shopping (Sec. 5, Rule 7, RRC);
3. Criminal action for a false certification of non-forum
A lawyer is bound by his oath to serve his client with utmost shopping and indirect contempt; and
zeal and dedication and shall conduct himself according to 4. Disciplinary proceedings for the lawyer concerned.
the best of his knowledge and discretion. (Antiquiera, CPR) (Sec. 5, Rule 7, RRC)

The filing of another action concerning the same subject Compliance with the certification against forum
matter, in violation of the doctrine of res judicata, runs shopping is separate from the avoidance of forum
contrary to this Canon. (Lim v. Montano, A.C. No. 5653, shopping itself
February 27, 2006)
The requirement to file a certificate of non-forum shopping
RULE 12.02, CANON 12 is mandatory. Failure to comply cannot be excused by the
A lawyer shall not file multiple actions arising from fact that plaintiff is not guilty of forum shopping. (Melo v. CA,
the same cause. (1991, 1997, 1998, 2002 BAR) G.R. No. 123686, November 16, 1999; Ong v. CA, G.R. No.
144581, July 5, 2002; Crisostomo v. Atty. Nazareno, A.C. No.
Forum Shopping 6677, June 10, 2014)

The mere filing of several cases based on the same incident False Certification against Forum Shopping vs. Forum
does not necessarily constitute forum shopping. The Shopping
question is whether the several actions filed involve the
same transactions, essential facts and circumstances. If they FALSE CERTIFICATION FORUM SHOPPING
involve essentially different facts, circumstances and causes AGAINST FORUM PROPER
of action, there is no forum shopping. (Paredes v. SHOPPING
Sandiganbayan, G.R. No. 108251, January 31, 1996)
The essence of forum shopping is the filing of multiple suits
2021 GOLDEN NOTES
86 2021 & 2022
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Failure to comply Violation thereof A: An attorney can talk with his witnesses before the trial,
warrants: warrants: but it is unethical to do so if the client is already on the
witness stand during the trial. (Agpalo, 2009)
1. Criminal action for a 1. Summary dismissal
false certification of without prejudice NOTE: Although the law does not forbid an attorney to be a
non-forum witness and at the same time an attorney in a case, the
shopping; XPN: When there is a courts prefer that counsel should not testify as a witness
2. Indirect contempt; willful or deliberate unless it is necessary and that they should withdraw from
3. Disciplinary forum-shopping (Sec. 5, the active management of the case. (PNB v. Uy Teng Piao,
proceedings for the Rule 7, RRC); G.R. No. L- 35252, October 21, 1932)
lawyer concerned. 2. Direct contempt of
(Sec. 5, Rule 7, RRC) court on the party and GR: A lawyer is not disqualified from being a witness.
his lawyer in case of (Santiago v. Rafanan, A.C. No. 6252, October 5, 2004)
willful and deliberate
forum-shopping (Sec. 5, XPN: In certain cases pertaining to privileged
Rule 7, RRC); communication arising from an attorney-client
3. Disciplinary relationship. (Santiago v. Rafanan, A.C. No. 6252, October 5,
proceedings for the 2004)
lawyer concerned. (Sec.
5, Rule 7, RRC) RELIANCE ON MERITS OF CASE AND AVOIDANCE FROM
ANY IMPROPRIETY WHICH TENDS TO INFLUENCE OR
RULE 12.03, CANON 12 GIVES THE APPEARANCE OF INFLUENCE UPON THE
A lawyer shall not, after obtaining extensions of time COURTS
to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an CANON 13
explanation for his failure to do so. (2003 BAR) A lawyer shall rely upon the merits of his cause and
refrain from any impropriety which tends to
The court censures the practice of counsels who secure influence, or gives the appearance of influencing the
repeated extensions of time to file their pleadings and court
thereafter simply let the period lapse without submitting
the pleading or even an explanation or manifestation of
their failure to do so. (Achacoso v. CA, G.R. No. L-35867, June It is unethical for a lawyer to give an appearance as if he is
28, 1973) capable of influencing judges and court personnel. Giving of
gifts to the judges are discouraged as it tends to give an
Asking for extension of time must be in good faith. appearance of influencing the conduct of judicial function or
Otherwise, it is an obstruction of justice and the lawyer is breeding familiarity with judges. (Antiquiera, 1992)
subject to discipline. (CPR Annotated, PhilJA)
It is reprehensible for a lawyer to wrongfully use the name
The same rule applies more forcefully to motion for of the law office for the purpose of “giving more weight and
continuance. Postponement is not a matter of right but of credit to the pleading.” Motions and pleadings filed in courts
sound judicial discretion. (Edrial v. Quilat-Quilat, G.R. No. are acted upon in accordance with their merits or lack of it,
133625, September 6, 2000) and not on the reputation of the law firm or the lawyer filing
the same. (Rodica v. Atty. Lazaro, et al. A.C. No. 9259, August
Guidelines in interviewing witnesses (2001, 2005 BAR) 23, 2012)

1. A lawyer may interview a witness in advance of the trial Prejudicial Publicity
to guide him in the management of the litigation;
2. A lawyer may also interview a “prospective witness” for There must be an allegation and proof that the judges have
the opposing side in any civil and criminal action been unduly influenced, not simply that they might be, by
without the consent of opposing counsel or party; barrage of publicity. (CPR Annotated, PhilJA)
3. A lawyer must properly obtain statements from
witnesses whose names were furnished by the NOTE: The restriction does not prohibit issuances of
opposing counsel or interview the employees of the statements by public officials charged with the duty of
opposing party even though they are under subpoena prosecuting or defending actions in court. (Lejano v. People,
to appear as witnesses for the opposite side; G.R. No. 176389, December 14, 2010)
4. If after trial resulting in defendant’s conviction, his
counsel has been advised that a prosecution witness In a concluded litigation, a lawyer enjoys a wider latitude of
has committed perjury, it is not only proper but it is the commenting on or criticizing the decision of a judge of his
lawyer’s duty to endeavor honorable means to obtain actuation. Thus, it has been held that a newspaper
such witness’ reaction, even without advising the publication tending to impede, obstruct, embarrass or
public prosecutor of his purpose and even though the influence the courts in administering justice in a pending
case is pending appeal; and case constitutes criminal contempt, but the rule is
5. An adverse party, though he may be used as a witness, otherwise after the litigation is ended. (In re: Lozano, 54
is not however a witness within the meaning of the rule Phil. 801, July 24, 1930)
permitting a lawyer to interview the witness of the
opposing counsel. RULE 13.03, CANON 13
A lawyer shall not brook or invite interference by
Q: May an attorney talk to his witnesses before and another branch or agency of the government in the
during the trial? (2014 BAR) normal course of judicial proceedings.

When a case is already within the jurisdiction of a court, the

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87 2021 & 2022
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lawyer should not cause or seek the interference of another when he listens to his client’s preliminary statement of his
agency of the Government in the normal course of judicial case or gives advice thereon, then the professional
proceedings. (Pineda, 2009) employment is regarded as established just as effective as
when he draws his client’s pleading or advocates his client’s
The reason for this rule is that such action will be contrary cause in court. (Dee v. CA, G.R. No. 77439, August 24, 1989)
to the principle of separation of powers.
Formation of the lawyer-client relationship
All lawyers must uphold, respect and support the
independence of the judiciary. This independence from The lawyer-client relationship is formed through the
interference is made to apply against all branches and following:
agencies of the government. (Funa, 2009)
1. Oral – When the counsel is employed without a written
NOTE: In the case of De Bumanlag v. Bumanlag, the agreement, but the conditions and amount of attorney’s
Supreme Court reprimanded Atty. Bumanlag for gross fees are agreed upon.
ignorance of law and of the Constitution in having asked the
President to set aside by decree the Court’s decision which 2. Express – When the terms and conditions including the
suspended him for two years from the practice of law. amount of fees are explicitly stated in a written
document, which may be a private or public document.
DUTIES AND RESPONSIBILITIES OF A LAWYER Written contract of attorney’s fees is the law between
TO THE CLIENTS the lawyer and the client.

Characteristics of attorney-client relationship 3. Implied – When there is no agreement, whether oral or
written, but the client allowed the lawyer to render
1. Strictly personal – Prohibits the delegation of work legal services not intended to be gratuitous without
without the client’s consent. objection and client is benefited by reason thereof.

2. Highly confidential Rules protecting the attorney-client relationship
a. Communication made in the course of lawyers
professional employment; and 1. Best effort must be exerted by the attorney to protect
b. Communication intended to be confidential. his client’s interest;
2. The attorney must promptly account for any fund or
3. Fiduciary property entrusted by or received for his client;
a. Hold in trust all moneys and properties of his client 3. An attorney cannot purchase his client’s property or
that may come into his possession; interest in litigation;
b. When a lawyer enforces a charging lien against his 4. The privacy of communications shall be upheld; and
client, the relationship is terminated; and 5. An attorney cannot represent a party whose interest is
c. An attorney cannot represent adverse interest adverse to that of his client even after the termination
unless the parties consent to the representation of the relation.
after full disclosure of facts.
Three principal types of professional activity of a
Absence of a written contract will not preclude finding lawyer (LAP)
of an attorney-client relationship
1. Legal advice and instructions to clients to inform them
The absence of a written contract will not preclude a finding of their rights and obligations;
that there is a professional relationship. Documentary 2. Appearance for clients before public tribunals which
formalism is not an essential element in the employment of possess power and authority to determine rights of life,
an attorney; the contract may be express or implied. (Toledo liberty, and property according to law, in order to assist
v. Callos, A.M. No. RTJ-05-1900, January 28, 2005) in proper interpretation and enforcement of law; and
3. Preparation for clients of documents requiring
It is sufficient to establish the professional relation, that the knowledge of legal principles not possessed by
advice and assistance of an attorney is sought and received ordinary layman. (CPR Annotated, PhilJA)
in any matter pertinent to his profession. An acceptance of
the relation is implied on the part of the attorney from his AVAILABILITY OF SERVICE WITHOUT
acting on behalf of his client in pursuance of a request from DISCRIMINATION
the latter. (Hirach Bros. and Co. v. R. E. Kennington Co., 88 A.
L. R., 1. cited in Hilado v. David, G.R. No. L-961, September 21,
CANON 14
1949)
A lawyer shall not refuse his services to the needy.

Commencement of attorney-client relationship
The poor and indigent should not be further disadvantaged
Case law instructs that a lawyer-client relationship by lack of access to the Philippine legal system.
commences when a lawyer signifies his agreement to
handle a client's case and accepts money representing legal Lawyer’s right to decline employment
fees from the latter. (Egger v. Duran, A.C. No. 11323,
September 14, 2016; Samonte v. Atty. Jumamil, A.C. No. GR: A lawyer is not obliged to act as legal counsel for any
11668, July 17, 2017) person who may wish to become his client. He has the right
to decline employment. (Navarro v. Meneses III, A.C. No. 313,
NOTE: If a person, in respect to his business affairs or any January 30, 1998)
troubles of any kind, consults with his attorney in his
professional capacity with the view to obtaining XPNs:
professional advice or assistance and the attorney 1. A lawyer shall not refuse his services to the needy
voluntarily permits or acquiesce in such consultation, as (Canon 14);

2021 GOLDEN NOTES
88 2021 & 2022
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2. He shall not decline to represent a person solely on SERVICES AS COUNSEL DE OFFICIO
account of the latter’s race, sex, creed or status in life or
because of his own opinion regarding the guilt of said RULE 14.02, CANON 14
person (Rule 14.01); A lawyer shall not decline, except for serious and
3. He shall not decline, except for serious and efficient sufficient cause, an appointment as counsel de officio
causes like: or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for
a. If he is not in a position to carryout effectively or rendition of free legal aid.
competently; and
b. If he labors under a conflict of interest between him A court may assign an attorney to render professional aid
and the prospective client. (Rule 14.03) free of charge to any party in case, if upon investigation it
appears that the party is destitute and unable to employ an
Q: Are there instances where a lawyer has the duty to attorney and that the services of counsel are necessary to
decline employment? (1993 BAR) secure the ends of justice and to protect the rights of the
party. It shall be the duty of the attorney so assigned to
A: A lawyer should decline no matter how attractive the fee render the required service, unless he is excused therefrom
offered may be if its acceptance will involve: (RACCAA) by the court for sufficient cause shown. (Sec. 31, Rule 138,
RRC)
1. A violation of any of the Rules of the legal profession;
2. Advocacy in any manner in which he had intervened Counsel de officio
while in the government service;
3. Nullification of a Contract which he prepared; 1. Members of the bar in good standing;
4. Employment with a Collection agency which solicits 2. Any person, resident of the province and of good repute
business to collect claims; for probity and ability, in localities without lawyers
5. Employment, the nature of which might easily be used
as a means of Advertising his professional services of Considerations in appointing a counsel de officio
his skill; or
6. Any matter in which he knows or has reason to believe 1. Gravity of offense
that he or his partner will be an essential witness for 2. Difficulty of questions that may arise; and
the prospective client. 3. Experience and ability of appointee

Reasons why a lawyer may not accept a “losing case” VALID GROUNDS FOR REFUSAL TO SERVE

1. The attorney’s signature in every pleading constitutes a
certificate by him that there is good cause to support it RULE 14.03, CANON 14
and that it is not interposed for delay, and willful A lawyer may not refuse to accept representation of
violation of such rule shall subject him to disciplinary an indigent client unless:
action;
2. It is the attorney’s duty to “counsel or maintain such a. He is in no position to carry out the work effectively
actions or proceedings only as it appears to him to be or competently;
just and only such defenses as he believes to be
honestly debatable under the law;” b. He labors under a conflict of interest between him
3. A lawyer is not to encourage either the commencement and the prospective client or between a present client
or the continuance of an action or proceeding, or delay and a prospective client.
any man’s cause, for any corrupt motive or interest; and Grounds of refusal of appointment to be a Counsel de
4. A lawyer must decline to conduct a civil cause or to Oficio
make a defense when convinced that it is intended
merely to harass or injure the opposite party or to work 1. Too many de officio cases assigned to the lawyer
oppression or wrong. (People v. Daeng, G.R. No. L-34091, January 30, 1973);
2. Conflict of interest (Rule 14.03, CPR);
Q: Is there an instance when a lawyer may accept losing 3. Lawyer is not in a position to carry out the work
case? (1996, 2001, 2002, 2005 BAR) effectively or competently (supra);
4. Lawyer is prohibited from practicing law by reason of
a. In criminal case? his public office which prohibits appearances in court;
b. In civil case? 5. Lawyer is preoccupied with too many cases which will
spell prejudice to the new clients;
A: 6. Health reasons; and
a. A lawyer may accept a “losing” criminal case since an 7. Extensive travel abroad.
accused is presumed to be innocent until his guilt is
proven beyond reasonable doubt. Furthermore, CPR NOTE: A lawyer may refuse to handle cases due to these
provides that a lawyer shall not decline to represent a valid reasons. However, Rule 2.02 requires him to give
person because of his opinion regarding the guilt of said advice on preliminary steps if he is asked until the client
person. Otherwise, innocent persons might be denied secures the services of counsel. He shall refrain from giving
proper defense. (CPR, Rule 14.01) this preliminary advice if there is conflict of interest
between a present client and a prospective one for
b. A lawyer may also accept a losing civil case, provided extending such legal advice will create and establish an
that, in so doing, he must not engage in dilatory tactics attorney-client relationship between them and may involve a
and must advise his client about the prospects and violation of the rule prohibiting a lawyer from representing
advantage of settling the case through a compromise to conflicting interest.
the extent of representing indigents, defenseless and
the oppressed. Q: May a lawyer decline a request for free legal aid to an
indigent accused made by a chapter of the IBP? Explain.

2021 GOLDEN NOTES
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(2002 BAR) A privileged communication is one that refers to
information transmitted by voluntary act of disclosure
A: NO. Rule 14.02 of the CPR provides that “a lawyer shall between attorney and client in confidence and by means of
not decline, except for serious and sufficient cause, an which, in so far as the client is aware, discloses the
appointment as counsel de officio or as amicus curiae or a information to no third person other than one reasonably
request from the IBP or any of its chapter for rendition of necessary for the transmission of the information or the
free legal aid.” He may, decline such appointment only for accomplishment of the purpose for which it was given.
“serious and sufficient cause.” (Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005)

Q: Will your answer be different if the legal aid is RULE 15.02, CANON 15
requested in a civil case? (2002 BAR) A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him
A: The answer will not be exactly the same, because in a civil by a prospective client. (2008 BAR)
case, the lawyer can also decline if he believes the action or
defense to be unmeritorious. He is ethically bound to Two-fold purpose of the rule
maintain only actions and proceedings which appear to him
to be just and only such defenses which he believes to be 1. To encourage a client to make a full disclosure of the
honestly debatable under the law. facts of the case to his counsel without fear, and
2. To allow the lawyer freedom to obtain full information
RULE 14.04, CANON 14 from his client. (Pineda, 2009)
A lawyer who accepts the cause of a person unable to
pay his professional fees shall observe the same Disclosure of a prospective client
standard of conduct governing his relations with
paying clients. (2008 BAR) The foregoing disqualification rule applies to prospective
clients of a lawyer. Matters disclosed by a prospective client
CANDOR, FAIRNESS AND LOYALTY TO CLIENTS to a lawyer are protected by the rule on privileged
communication even if the prospective client does not
thereafter retain the lawyer or the latter declines the
CANON 15
employment. It covers crimes and offenses already
A lawyer shall observe candor, fairness and loyalty in
committed by the client. (Mercado v. Vitriolo, A.C. No. 5108,
all his dealings and transactions with his clients May 26, 2005)

A lawyer owes absolute fidelity to the cause of his client. He REASON: To make the prospective client free to discuss
owes his client full devotion to his interest, warm zeal in the whatever he wishes with the lawyer without fear that what
maintenance and defense of his rights. he tells the lawyer will be divulged or used against him, and
for the lawyer to be equally free to obtain information from
It demands of an attorney an undivided allegiance, a the prospective client. (Mercado v. Vitriolo, A.C. No. 5108,
conspicuous and high degree of good faith, May 26, 2005)
disinterestedness, candor, fairness, loyalty, fidelity and
absolute integrity in all his dealings and transactions with Requisites of privileged communication
his clients and an utter renunciation of every personal
advantage conflicting in any way, directly or indirectly, with 1. There is attorney-client relationship or a kind of
the interest of his client. (Oparel Sr. v. Abaria, A.C. No. 959, consultancy requirement with a prospective client;
July 30, 1971) 2. The communication was made by the client to the
lawyer in the course of the lawyer’s professional
If they find that their client’s cause is defenseless, then it is employment; and
their bounden duty to advise the latter to acquiesce and 3. The communication must be intended to be
submit rather than to traverse the incontrovertible. (Rollon confidential.
v. Atty. Naraval, A.C. No. 6424, March 4, 2005)
NOTE: The party who avers that the communication is
CONFIDENTIALITY RULE privileged has the burden of proof to establish the existence
of the privilege unless from the face of the document itself,
Confidentiality it clearly appears that it is privileged. The mere allegation
that the matter is privileged is not sufficient. (People v.
It means the relation between lawyer and client or guardian Sleeper, G.R. No. 22783, December 3, 1924; Lapeña Jr., 2009)
and ward, or between spouses, with regard to the trust that
is placed in the one by the other. (Black’s Law Dictionary 7th Client identity
Edition 1990, 2004)
Client identity is privileged where a strong probability
A lawyer shall preserve the confidences and secrets of his exists that revealing the client’s name would implicate that
client even after the attorney-client relation is terminated. client in the very activity for which he sought the lawyer’s
(Canon 21, CPR) advice. (Regala v. Sandiganbayan, G.R. No. 105938,
September 20, 1996)
It is one of the duties of a lawyer, as provided for in the Rules
of Court, to maintain inviolate the confidence, and at every Characteristics of privileged communication
peril to himself, to preserve the secrets of his client. (Sec.
20(e), Rule 138, RRC) 1. Attorney-client privilege where legal advice is
professionally sought from an attorney.
PRIVILEGED COMMUNICATIONS 2. The client must intend the above communication to be
confidential.
Privileged communication 3. Attorney-client privilege embraces all forms of

2021 GOLDEN NOTES
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communication and action. 105938, September 20, 1996)
4. As a general rule, attorney-client privilege also extends
to the attorney’s secretary, stenographer, clerk or agent Reasons why a lawyer may not invoke privileged
with reference to any fact acquired in such capacity. communication to refuse revealing a client’s identity
5. The above duty is perpetual and communication is
absolutely privileged from disclosure. 1. Due process considerations require that the opposing
6. Persons entitled to claim privileges. party should know their adversary;
2. The privilege pertains to the subject matter of the
Coverage of the attorney-client privilege relationship;
3. The privilege begins to exist only after attorney-client
1. Lawyer; relationship has been established hence, it does not
2. Client; and attach until there is a client; and
3. Third persons who by reason of their work have 4. The court has a right to know that the client whose
acquired information about the case being handled privileged information is sought to be protected is flesh
such as: and blood. (Regala v. Sandiganbayan, G.R. No. 105938,
a. Attorney’s secretary, stenographer and clerk; September 20, 1996)
b. Interpreter, messengers and agents transmitting
communication; and CONFLICT OF INTEREST
c. An accountant, scientist, physician, engineer who
has been hired for effective consultation. (Sec. Purpose of “conflict search”
24(b), Rule 130, RRC)
By conducting a conflict search, the lawyer will be able to
Duration of privileged communication determine, in the first instance, if he is barred from
accepting the representation through conflicts with his
The privilege continues to exist even after the termination present clients or the lawyer’s own interest. (CPR
of the attorney-client relationship. (Mercado v. Vitriolo, A.C. Annotated, PhilJA)
No. 5108, May 26, 2005)
Three tests to determine existence of conflict of interest
NOTE: The privilege character of the communication ceases
only when waived by the client himself or after his death, by 1. Conflicting Duties - When, on behalf of one client, it is
his heir or legal representative. (Lapeña Jr., 2009) the attorney’s duty to contest for that which his duty to
another client requires him to oppose or when
Instances when communication is not privileged possibility of such situation will develop.
A communication made by a client to a lawyer is not
privileged in the following instances: 2. Invitation of Suspicion - Whether the acceptance of
the new relation will prevent a lawyer from the full
1. After pleading has been filed because such becomes discharge of his duty of undivided fidelity and loyalty to
part of public records. his client or will invite suspicion of unfaithfulness or
2. When communication was intended by the client to be double-dealing in the performance thereof.
sent to a third person through his counsel.
3. When the communication sought by client is intended 3. Use of Prior Knowledge Obtained - Whether a lawyer
to aid future crime or perpetration of fraud. will be called upon in his new relation to use against the
4. When communication between attorney and client is first client any knowledge acquired in the previous
heard by a third party. employment.
5. When there is consent or waiver of the client.
6. When the law requires disclosure. Types of conflict of interest
7. When disclosure is made to protect the lawyer’s rights.
1. Concurrent or multiple representations – Generally
NOTE: Even if the communication is unprivileged, the rule occurs when a lawyer represents clients whose
of ethics prohibits lawyers from voluntarily revealing or objectives are adverse to each other, no matter how
using to his benefit or to that of a third person, to the slight or remote such adverse interest may be.
disadvantage of the client, the said communication unless
the client consents thereto. (Sec. 3, Rule 138-A, RRC) The tests for concurrent or multiple representations
are:
Privileged communication rule as to the client’s
identity a. Whether a lawyer is duty-bound to fight for an
issue or claim in behalf of one client and, at the
GR: A lawyer may not invoke privileged communication to same time, to oppose that claim for the other client;
refuse revealing a client’s identity. (Regala v. b. Whether the acceptance of a new relation would
Sandiganbayan, G.R. No. 105938, September 20, 1996) prevent the full discharge of the lawyer’s duty of
undivided fidelity or loyalty to the client;
XPNs: c. Whether the acceptance of new relation would
1. When there is a strong possibility that revealing the invite suspicion of unfaithfulness or double-
client’s name would implicate the client in the dealing in the performance of the lawyer’s duty of
activity for which he sought the lawyer’s advice; undivided fidelity and loyalty; and
2. When disclosure would open the client to civil d. Whether, in the acceptance of a new relation, the
liability; or lawyer would be called upon to use against a client
3. When the government’s lawyers have no case confidential information acquired through their
against an attorney’s client and revealing the connection.
client’s name would furnish the only link that
would come from the chain of testimony necessary 2. Sequential or successive representation – Involves
to convict him. (Regala v. Sandiganbayan, G.R. No. representation by a law firm of a present client who
2021 GOLDEN NOTES
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Legal Ethics
may have an interest adverse to a prior or former client Effects of representing adverse interests (DJ-FAC)

of the firm. (CPR Annotated, PhilJA)
1. Disqualification as counsel of new client on petition of

former client;
NOTE: What is material in determining whether there is a
2. Where such is unknown to, and becomes prejudicial to
conflict of interest in the representation is probability, not
the interests of the new client, a Judgment against such
certainty of conflict (see discussion on disqualification or
may, on that ground, be set aside;
limitation of public officials in practicing law, congruent-
3. The attorney’s right to Fees may be defeated if found to
interest representation conflict and adverse-interest
be related to such conflict and such was objected to by
conflict).
the former client, or if there was a concealment and

prejudice by reason of the attorney’s previous
There is no conflict of interest in a situation where a lawyer
professional relationship with the opposite party;
represents his present client against his former client, so
4. A lawyer can be held Administratively liable through
long as no confidential information acquired during the
disciplinary action and may be held Criminally liable for
previous employment was used against the former client by
betrayal of trust.
the lawyer. The prohibition does not cover a situation

where the subject matter of the present engagement is
CANDID AND HONEST ADVICE TO CLIENTS
totally unrelated to the previous engagement of the

attorney. Moreover, a mere allegation of the professional
Influence-peddling
misconduct would not suffice to establish the charge,

because accusation is not synonymous with guilt. (Seares, Jr.
It is improper for a lawyer to show in any way that he has
v. Atty. Gonzales-Alzate, A.C. No. 9058, November 14, 2012)
connections and can influence any tribunal or public official,

judges, prosecutors, congressmen and others, especially so
RULE 15.03, CANON 15 if the purpose is to enhance his legal standing and to
A lawyer shall not represent conflicting interests entrench the confidence of the client that his case or cases
except by written consent of all concerned given after are assured of victory. (Agpalo, 2009)
a full disclosure of the facts.
CONCURRENT PRACTICE OF ANOTHER PROFESSION
GR: An attorney cannot represent diverse interests. It is
highly improper to represent both sides of an issue. The RULE 15.08, CANON 15
proscription against representation of conflicting interest A lawyer who is engaged in another profession or
finds application where the conflicting interest arise with occupation concurrently with the practice of law shall
respect to the same general matter and is applicable make clear to his client whether he is acting as a
however slight such adverse interest may be. It applies lawyer or in another capacity.
although the attorney’s intention and motives were honest,

and he acted in good faith.
This rule is intended to avoid confusion; it is for the benefit

of both the client and the lawyer. (Funa, 2009)
XPN: Representation of conflicting interest may be allowed

where the parties consent to the representation after full
The lawyer should inform the client when he is acting as a
disclosure of facts. (Nakpil v. Valdez, A.C. No. 2040, March 4,
lawyer and when he is not, as certain ethical considerations
1998; Orola v. Atty. Ramos, A.C. No. 9860; September 11,
governing the client-lawyer relationship may be operative
2013)
in one case and not in the other. (Report of the IBP

Committee)
NOTE: A lawyer may at a certain stage of the controversy

and before it reaches the court represent conflicting
A party’s engagement of his counsel in another capacity
interests with the express written consent of all parties
concurrent with the practice of law is not prohibited, so
concerned given after disclosure of the facts (Rule 15.03,
long as the roles being assumed by such counsel is made
CPR; Canon 6, CPR). The disclosure should include an
clear to the client. (New Sampaguita Builder Construction,
explanation of the effects of the dual representation, such as
Inc. v. Philippine National Bank, G.R. No. 148753, July 30,
the possible revelation or use of confidential information.
2004)
(Nakpil v. Valdez, A.C. No. 2040, March 4, 1998; Orola v. Atty.

Ramos, A.C. No. 9860; September 11, 2013)
CLIENT’S MONEYS AND PROPERTIES

An attorney owes loyalty to his client not only in cases in
CANON 16
which he has represented him but also even after the
A lawyer shall hold in trust all moneys and properties
attorney-client relationship has been terminated.
of his client that may come into his possession
(Sumangil v. Romana, G.R. No. 25, October 25, 1949)

Money collected by the lawyer on a judgment favorable to
The termination of attorney-client relationship provides no
his client constitutes trust funds and should be immediately
justification for a lawyer to represent an interest adverse to
paid over to the client (Palencia v. Linsangan, A.C. No. 10557,
or in conflict with that of the former client. The client's
July 10, 2018). While Section 37, Rule 138 of the Rules of
confidence once reposed should not be divested by mere
Court grants the lawyer a lien upon the funds, documents
expiration of professional employment. (Anglo v. Atty.
and papers of his client, which have lawfully come into his
Valencia et. al, A.C. No. 10567, February 25, 2015)
possession, such that he may retain the same until his lawful

fees and disbursements have been paid, and apply such
Instances when lawyers cannot represent conflicting
funds to the satisfaction thereof, the lawyer still has the
interest even if the consent of both clients were secured
responsibility to promptly account to his client for such

moneys received. Failure to do so constitutes professional
Where the conflict is:
misconduct. (Tanhueco v. De Dumo, A.M. No. 1437, April 25,
1. Between the attorney’s interest and that of a client; or 1989)
2. Between a private client’s interests and that of the
government or any of its instrumentalities. The lawyer’s failure to turn over such funds, moneys, or

2021 GOLDEN NOTES
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properties to the client despite the latter’s demands would subject to client’s returning to his lawyer the purchase price
give rise to the presumption that the lawyer had converted thereof and the legal interests thereon. (Sotto v. Samson, G.R.
the money for his personal use and benefit. This failure also No. 16917, July 31,1962)
renders the lawyer vulnerable to judicial contempt under
Section 25, Rule 138 of the Rules of Court. (CPR Annotated, Exemption from liability
PhilJA)
A lawyer is exempted from liability for slander, libel or for
Prohibition of a Lawyer acquiring client’s property words otherwise defamatory, published in the course of
judicial proceedings, provided the statements are connected
Pursuant to Canon 16 of the CPR. with, relevant, pertinent and material to the cause in hand
or subject of inquiry. (Tolentino v. Baylosis, G.R. No. L-15742,
Furthermore, Article 1491 of the Civil Code states that: January 31, 1961)

The following persons cannot acquire or purchase, NOTE: Test of relevancy – The matter to which the privilege
even at public or judicial auction, either in person or does not extend must be palpably wanting in relation to the
through the mediation of another: subject of controversy, that no reasonable man can doubt
xxx its relevancy or propriety. (Uy v. Depasucat, A.C. No. 5332,
July 29, 2003)
(5) lawyers, with respect to the property and rights
which may be the object of any litigation in which they Criminal liability of lawyers
take part by virtue of their profession.” (See NCC)
A lawyer may be held criminally liable if he commits any of
NOTE: This prohibition is entirely independent of fraud and the following:
such need not be alleged or proven. Art. 1491 (5) of the NCC
applies only if the sale or assignment of the property takes 1. Causes prejudice to the client thru malicious breach of
place during the pendency of the litigation involving the professional duty or thru inexcusable negligence or
client’s property. (Ramos v. Ngaseo, A.C. No. 6210, December ignorance;
9, 2004) 2. Reveals client’s secrets learned in lawyer’s professional
capacity thru malicious breach of professional duty or
FIDUCIARY RELATIONSHIP inexcusable negligence or ignorance;
3. A lawyer who has undertaken the defense of a client or
RULE 16.01, CANON 1 has received confidential information from said client
A lawyer shall account for all money or property in a case may be criminally liable for undertaking
collected or received for or from the client. defense of opposing party in same cause without
consent of first client (Art. 209, RPC);
A lawyer must be careful in handling money entrusted to 4. A lawyer who shall knowingly introduce in evidence in
him in his professional capacity, because of the high degree any judicial proceeding or to the damage of another or
of fidelity and good faith expected on his part. (Medina v. who, with intent to cause such damage, shall use any
Bautista, A.C. No. 190, September 26, 1964) false document may be held criminally liable therefore
(Art. 172, RPC); and
Lawyer’s inexcusable act of withholding the property of 5. A lawyer who appropriates his client’s funds may be
client and imposing unwarranted fees in exchange for held liable for estafa.
release of documents deserve the imposition of disciplinary
action. (Miranda v. Carpio, A.C. No. 6281, September 26, NOTE: When a lawyer collects or receives money from his
2011) client for a particular purpose, he should promptly account
to the client how the money was spent. His failure either to
Fiduciary duty render an accounting or to return the money (if the
intended purpose of the money does not materialize)
The principle that an attorney derives no undue advantage constitutes a blatant disregard of Rule 16.01 of the CPR.
that may operate to the prejudice or cause an occasion for (Belleza v. Malaca, A.C. No. 7815, July 23, 2009)
loss of a client refers to fiduciary duty. The relationship
between the lawyer and the client is one of mutual trust and Costs of Suit
confidence of the highest degree. (Maturan v. Gonzales, A.C.
No. 2597, March 12, 1998) GR: Losing client and not the lawyer is liable for costs of suit
in favor of prevailing party, the lawyer not being a party-
Instances when civil liability of lawyers arises litigant. (Agpalo, 2009)

1. Client is prejudiced by lawyer's negligence or XPN: Where the lawyer insisted on client’s patently
misconduct; unmeritorious case or interposed an appeal to delay
2. Breach of fiduciary obligation; litigation or thwart prompt satisfaction of prevailing party’s
3. Civil liability to third persons; just and valid claim, the court may adjudge lawyer to pay
4. Libelous words in pleadings; treble costs of suit. (Agpalo, 2009)
5. Violation of communication privilege;
6. Liability for costs of suit (Treble Costs) – when lawyer is CO-MINGLING OF FUNDS
made liable for insisting on client's patently
unmeritorious case or interposing appeal merely to Failure of the lawyer to account all the funds and property
delay litigation of his client which may come into his possession would
amount to misappropriation which may subject him to
Remedy of the client disbarment on the ground of grave misconduct or a criminal
prosecution for estafa under Art. 315, par. 1(b) of the RPC.
Recover property from lawyer, together with its fruits,

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DELIVERY OF FUNDS COMPETENCE AND DILIGENCE

Counsel cannot unilaterally retain client’s property for CANON 17
his attorney’s lien A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed
A counsel has no right to retain or appropriate unilaterally in him.
as lawyer’s lien any amount belonging to his client which

may come into his possession. (Cabigao v. Rodrigo, 57 Phil.
20) CANON 18
A lawyer shall serve his client with competence and
NOTE: While this rule provides that the lawyer has the right diligence.
to retain the funds of his client as may be necessary to
satisfy his lawful fees and disbursements known as
attorney’s lien and his lien to the same extent on all Diligence is the attention and care required of a person in a
judgments and executions he has secured for his client given situation and is the opposite of negligence. It is
called charging lien, he is still duty bound to render an axiomatic in the practice of law that the price of success is
accounting of his client’s funds and property which may eternal diligence to the cause of the client. (Edquibal v.
come into his possession in the course of his professional Ferrer, A.C. No. 5687, February 3, 2005)
employment. In the application of attorney’s lien, a lawyer
shall give notice to his client otherwise, the same might be Degree of diligence required in the profession
construed as misappropriation which may subject him to
disciplinary action. (Antiquiera, 2007) The legal profession demands of a lawyer that degree of
vigilance and attention of a good father of a family (Lapeña
BORROWING OR LENDING Jr., 2009) or ordinary pater familias (Pineda, 2009). He is not
required to exercise extraordinary diligence. (Edquibal v.
A lawyer who takes advantage of his client’s financial plight Ferrer, Jr., A.C. No. 5687, February 3, 2005)
to acquire the latter’s properties for his own benefit is of the
confidence of the public in the fidelity, honesty and integrity Instances of lawyer’s lack of diligence and their
of the legal profession. (Hernandez, Jr. v. Go A.C. No. 1526, resulting consequences
January 31, 2005)
1. Lawyer failed to file his client’s position paper which
Prohibition from BORROWING money from client caused the client to be default in an ejectment case. The
complainant’s appeal was also denied since the lawyer
GR: A lawyer is not allowed to borrow money from his failed to file an appeal memorandum. The lawyer was
client. DISBARRED. (Enriquez v. Atty. Lavadia, A.C. No. 5686,
June 16, 2015)
XPN: The client’s interests are fully protected by the nature
of the case or by independent advice. 2. Lawyer failed to file his client’s position paper and he
did not inform the complainant that his case was
Prohibition of LENDING money to client dismissed by the court. The lawyer was suspended
from practice of law for three years. (Olvida v. Atty.
GR: A lawyer is not allowed to lend money to his client. Gonzales, A.C. No. 5732, June 16, 2015)

XPN: When in the interest of justice, he has to advance 3. Lawyer failed to file a motion for reconsideration on
necessary expenses in a legal matter he is handling for the behalf of his client and further neglected to regularly
client. (Rule 16.04, CPR) update his clients on the status of the case. The lawyer
was SUSPENDED for two years. (Ramiscal v. Atty. Orro,
NOTE: The prohibition from lending is intended to assure A.C. No. 10945, February 23, 2016)
the lawyer’s independent professional judgment, for if the
lawyer acquires a financial interest in the outcome of the COLLABORATING COUNSEL
case, the free exercise of his judgment may be adversely
affected. (Linsangan v. Tolentino, A.C. No. 6672, September 4, The lawyer’s acceptance, whether for a fee or not, is an
2009) implied representation that he possesses the requisite
degree of academic learning, skill and ability to handle the
Return of money in an administrative case case.

1. If the money is received in a transaction separate and A lawyer who accepts professional employment should be
distinct from, and not intrinsically linked to his professional in a position to render efficient and effective legal
engagement – the Court cannot order the return of the assistance. (Agpalo, 2009)
money. The clients must institute a separate civil action to
recover it. He is therefore directed not to take legal services which he
knows or should know he is not qualified or competent to
Ex. Money from a loan render except if his client consents, the lawyer can take as
collaborating counsel another lawyer who is competent on
2. If the money is received in a transaction intrinsically linked the matter. (Agpalo, 2009)
to his professional engagement – the Court can order the
return of the money. Q: When is professional incompetence a ground for
disbarment under the Rules of Court? Explain. (2010
Ex. Filing fees, acceptance fees, attorney’s fees BAR)

FIDELITY TO CLIENT’S CAUSE A: Professional incompetence of a lawyer may be a special

2021 GOLDEN NOTES
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ground for disbarment if his incompetence is so total, gross XPNs: (LIPIG)
and serious that he cannot be entrusted with the duty to
protect the rights of his clients. “A lawyer shall not 1. Lack of acquaintance with technical aspect of
undertake a legal service where he knows or should know procedure;
that he is not qualified to render” (Rule 18.01, CPR). If he 2. When adherence thereto results in
does so, it would constitute malpractice or gross outright deprivation of client’s liberty or property or
misconduct in office which are grounds for suspension or where Interest of justice so requires;
disbarment under Section 27, Rule 138 of the Rules of Court. 3. Where error by counsel is Purely technical which does
not substantially affect client’s cause;
Collaborating Counsel 4. Ignorance, incompetence, or inexperience of lawyer is
so great and error so serious that client, who has a good
One who is subsequently engaged to assist a lawyer already cause, is prejudiced and denied a day in court; and
handling a particular case for a client. (Pineda, 2009) 5. Gross negligence of lawyer.

NOTE: The handling lawyer cannot just take another NOTE: If by reason of the lawyer’s negligence, actual loss
counsel without the consent of the client. The new lawyer has been caused to his client, the latter has a cause of action
on the other hand cannot just enter his appearance as against him for damages. However, for the lawyer to be held
collaborating counsel without the conformity of the first liable, his failure to exercise reasonable care, skill and
counsel. diligence must be proximate cause of the loss.

NEGLIGENCE DUTY TO APPRISE CLIENT

RULE 18.03, CANON 18 A lawyer should notify his client of the adverse decision
A lawyer shall not neglect a legal matter entrusted to while within the period to appeal to enable the client to
him and his negligence in connection therewith shall decide whether to seek an appellate review. He should
render him liable. (1998, 2002 BAR) communicate with him concerning the withdrawal of
appeal with all its adverse consequences. The client is
A lawyer is enjoined not to neglect a legal matter entrusted entitled to the fullest disclosure of the mode or manner by
to him, and his negligence in connection therewith shall which his interest is defended or why certain steps are
render him liable. It is the duty of the lawyer to serve his taken or omitted.
client with competence and diligence and he should exert
his best efforts to protect within the bounds of the law, the As an essential part of their highly fiduciary relationship,
interest of his client. (Vda. De Enriquez v. San Jose, A.C. No. the client is entitled to the periodic and full updates from
3569, February 23, 2007) the lawyer on the developments of the case. (Ramiscal v.
Orro, A.C. No. 10945, February 23, 2016)
Diligence required
Doctrine of imputed knowledge
Prone to err like any other human being, he is not
answerable for every error or mistake, and will be The knowledge acquired by an attorney during the time
protected as long as he acts honestly and in good faith to the that he is acting within the scope of his authority is imputed
best of skill and knowledge. An attorney is not expected to to the client. It is based on the assumption that an attorney,
know all the laws. He is not liable for disbarment for an who has notice of matter affecting his client, has
honest mistake or error. He is not an insurer of the result in communicated the same to his principal in the course of
a case where he is engaged in as counsel. Only ordinary professional dealings. (Agpalo, 2009)
care and diligence are required of him. (Pineda, 2009)
NOTE: The doctrine applies regardless of whether or not
NOTE: What amounts to carelessness or negligence in a the lawyer actually communicated to the client what he
lawyer’s discharge of his duty to client is incapable of exact learned in his professional capacity, the attorney and his
formulation. It will depend upon the circumstances of the client being one judicial person. (Agpalo, 2009)
case.
Notice to counsel is notice to client, but not vice versa if
Instances of negligence by attorneys the latter appeared by attorney

1. Failure to appeal to CA despite instructions by the client GR: The law requires that service of any notice upon a party
to do so constitutes inexcusable negligence on the part who has appeared by attorney shall be made upon his
of the counsel. (Abiero v. Juanino, A.C. No. 5302, attorney. Notice sent to a party who has appeared by
February 18, 2005) counsel is not notice in law (Chainani v. Tnacinco, G.R. No. L-
2. Even if a lawyer was "honestly and sincerely" 4782, February 29, 1952), it being immaterial that the client
protecting the interests of his client, the former still had actually received the notice or volunteered to get a copy
no right to waive the appeal without the latter's thereof.
knowledge and consent. (Abay v. Atty. Montesino, A.C.
No. 5718, December 4, 2003) XPNs:
1. Strict application might foster dangerous collusion to
Q: Are the mistakes or negligence of a lawyer binding the detriment of justice;
upon the client? (1998, 2000, 2002 BAR) 2. Service of notice upon party instead of upon his
attorney is ordered by the court;
GR: Client is bound by attorney’s conduct, negligence and 3. Notice of pre-trial is required to be served upon parties
mistake in handling a case or in the management of and their respective lawyers; and
litigation and in procedural technique, and he cannot 4. In appeal from the lower court to the RTC, upon
complain that the result might have been different had his docketing of appeal.
lawyer proceeded differently.

2021 GOLDEN NOTES
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REPRESENTATION WITH ZEAL Requisites of implied ratification by silence
WITHIN LEGAL BOUNDS
1. The party represented by the attorney is of age or
CANON 19 competent or if he suffers from any disability, he has a
A lawyer shall represent his client with zeal within the duly appointed guardian or legal representative;
bounds of the law. 2. The party or his guardian, as the case may be, is aware
of the attorney’s representation; and
3. He fails to promptly repudiate assumed authority.
When a lawyer accepts a case, whether for a fee or not, his
acceptance is an implied representation that he: (CASE) NOTE: Ratification retroacts to the date of the lawyer’s first
appearance and validates the action taken by him. (Land
1. Will exercise reasonable and ordinary Care and Bank of the Philippines v. Pamintuan Development Co., G.R.
diligence in the pursuit or defense of the case; No. 167886, October 25, 2005)
2. Will possess the requisite degree of Academic learning,
skill and ability in the practice of his profession; Extent of lawyer’s authority in litigation
3. Will take steps as will adequately Safeguard his
client’s interests; and A lawyer has authority to bind the client in all matters of
4. Will Exert his best judgment in the prosecution or ordinary judicial procedure. The cause of action, the claim
defense of the litigation entrusted to him. (Islas v. or demand sued upon and the subject matter of the
Platon, G.R. No. L-23183, December 29, 1924) litigation are within the exclusive control of the client. A
client may waive, surrender, dismiss, or compromise any of
Authority to appear in court is presumed his rights involved in litigation in favor of the other party
even without or against the consent of his attorney.
GR: A lawyer is presumed to be properly authorized to (Bejarasco v. People, G.R. No. 159781, February 2, 2011;
represent any cause in which he appears. Agpalo, 2009)

XPN: On motion of either party and on reasonable grounds, Q: May a lawyer be held liable for damages by his clients
the presiding judge may require an attorney to prove the for the lawyer’s failure to file the necessary pleadings
authority under which he appears. (Sec. 21, Rule 138, RRC) to prosecute the client’s case and as a result of which
the client suffered damages? (2014 BAR)
Voluntary appearance of lawyer without authority
A: YES, a lawyer may be held liable for damages by his client
An attorney may not appear for a person until he is in fact for failure to represent his client with zeal (Canon 19, CPR)
employed by or retained for such person. An attorney and for not serving his client with competence and
willfully appearing in court for a person without being diligence. (Canon 18, CPR)
employed, unless by leave of court, may be punished for
contempt as an officer of the court, who has misbehaved in USE OF FAIR AND HONEST MEANS
his official transactions. (Sec. 21, Rule 138, RRC)
RULE 19.01, CANON 9
Effects of unauthorized appearance A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not
1. The party represented is not bound by attorney’s present, participate in presenting or threaten to
appearance in the case neither by the judgment present unfounded criminal charges to obtain an
rendered therein; improper advantage in any case or proceeding. (1997
2. Court does not acquire jurisdiction over the person of BAR)
the party represented;
3. The adverse party who has been forced to litigate as a Rule 19.01 of the CPR obligates a lawyer, in defending his
defendant by the unauthorized action on the part of the client, to employ only such means as are consistent with
attorney for the plaintiff may, on that ground, move for truth and honor. He should not prosecute patently frivolous
the dismissal of the complaint; and and meritless appeals or institute clearly groundless
4. If unauthorized appearance is willful, attorney may be actions. The act of a lawyer in preventing the execution of
cited for contempt as an officer of the court who has the judgment against his clients shows that he actually
misbehaved in his official transactions, and he may be committed what the above rule expressly prohibits. (Que v.
disciplined for professional misconduct. Revilla, A.C. No. 7054, December 4, 2009)

Ratification of unauthorized appearance Under this rule, a lawyer should not file or threaten to file
any unfounded or baseless criminal case or cases against
1. Express– Categorized assertion by client that he has the adversaries of his client designed to secure a leverage to
authorized a lawyer or that he confirms his compel the adversaries to yield or withdraw their own
authorization to represent him in the case. cases against the lawyer’s client. (Malvar v. Feir, A.C. No.
11871, March 5, 2018)
2. Implied– Where party with knowledge of fact that a
lawyer has been representing him in a case, accepts CLIENT’S FRAUD
benefits of representation or fails to promptly
repudiate the assumed authority. The lawyer’s duty to his client does not mean freedom to set
Forms of Implied Ratification up false or fraudulent claims especially with respect to
provisions of law or administrative rules and that while
Implied ratification may take various forms, such as by lawyers are bound to exert utmost legal skill in prosecuting
silence or acquiescence, or by acceptance and retention of their client’s cause or defending it, their duty, first and
benefits flowing therefrom. (Chong v. Court of Appeals, G.R. foremost, is to the administration of justice. (CPR Annotated,
No. 148280, July 10, 2007) PhilJA)

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NOTE: It is an unethical tactic for a lawyer to offer monetary court over his person. (Agpalo, 2009)
rewards to anyone who could give him information against
a party so that he could have leverage against all actions Entry of appearance vs. Appearance of counsel
involving such party. (CPR Annotated, PhilJA)
Entry of appearance is the written manifestation
PROCEDURE IN HANDLING THE CASE submitted by the counsel of record to inform the court that
he will act as the counsel of a party made before the date of
Who has control over the case the hearing while appearance of counsel is the verbal
manifestation of the counsel in order for the court to
1. As to matters of procedure - it is the client who yields recognize his presence during the hearing of the case. (Sec.
to the lawyer and not the lawyer yielding to the client. 21, Rule 138, Rules of Court)
(Lapeña Jr., 2009)
ATTORNEY’S FEES
NOTE: The basis of this rule is that the lawyer is better
trained and skilled in law. CANON 20
A lawyer shall charge only fair and reasonable fees.
2. As to subject matter - the client is in control.
GR: Only lawyers are entitled to attorney’s fees. The same
NOTE: Cause of action, claim or demand, and subject of cannot be shared with a non-lawyer. It is unethical.
litigation are within client’s control. Proceedings to
enforce the remedy are within the exclusive control of XPNs: A lawyer may divide a fee for legal services with
the attorney. another under the following instances: (CPR)
1. A lawyer undertakes to Complete the unfinished legal
Authority of counsel to compromise business of a deceased lawyer;
2. There is a Pre-existing agreement with a partner or
GR: The attorney has no authority to compromise his associate that, upon the latter’s death, money shall be
client’s case because the client, even if represented by paid over a reasonable period of time to his estate or to
counsel, retains exclusive control over the subject matter of persons specified in the agreement;
the litigation. The client can, of course, authorize his lawyer 3. A lawyer or law firm includes non-lawyer employees in
to compromise his case, and the settlement made by the Retirement plan, even if the plan is based, in whole or
lawyer will bind his client. in part, on a profit-sharing agreement. (Rule 9.02, CPR)

XPNs: NOTE: Entitlement to lawyer’s fees is presumed. (Funa,
1. When the lawyer is confronted with an emergency 2009)
where prompt and urgent action is necessary to protect
the interest of his client and there is no opportunity for Unless otherwise expressly stipulated, rendition of
consultation with the latter. professional services by a lawyer is for a fee or
2. Settlement of monetary obligation to client is full compensation and is not gratuitous. (Research and Services
payment in cash. Realty, Inc. v. CA, G.R. No. 124074, January 27, 1997)

NOTE: The Rules of Court requires lawyers to secure special NOTE: Generally, the amount of attorney’s fees due is that
authority from their clients when entering into a stipulated in the retainer agreement which is conclusive as
compromise agreement that dispenses with litigation (Luna to the amount of lawyer’s compensation (Funa, 2009)
v. Galarrita, A.C. No.10662, July 7, 2015, as penned by J. unless the stipulated amount in the written contract is
Leonen) found by the court to be unconscionable or unreasonable.
(Sec. 24, Rule 138, RRC)
Duty of the lawyer in gathering information regarding
the case In the absence thereof, the amount of attorney’s fees is fixed
on the basis of quantum meruit. (Sesbreno v. Court of
The lawyer cannot entirely depend on the information his Appeals, G.R. No. 117438, June 8, 1995; Funa, 2009)
client gave or the time his client wished to give. The lawyer
should take more control over handling the case. Where the Kinds of payment
client is based overseas, the lawyer should with more
reason, have moved to secure all the legal means available 1. Fixed or absolute fee – a fee which is payable
to him either to continue representing his client effectively regardless of the result of the case.
or to make the necessary manifestation in court, with the a. A fixed fee payable per appearance
client’s conformity, that he was withdrawing as counsel of b. A fixed fee computed upon the number of hours
record. (CPR Annotated, PhilJA) spent
Appearance c. A fixed fee based on piece work
d. Combination of any of the above
It is the coming into court as a party either as a plaintiff or
as a defendant and asking relief therefrom. (Agpalo, 2009) 2. Contingent fee – a fee that is conditioned on the
securing of a favorable judgment and recovery of
No more distinction between general and special money or property and the amount of which may be on
appearance a percentage basis.

By virtue of Sec. 20, Rule 14 of the 1997 Rules of Civil Requisites for the accrual of attorney’s fees
Procedure, there is no more distinction between general
appearance and special appearance, in the sense that a 1. Existence of attorney-client relationship; and
defendant may file a motion to dismiss not only on the 2. Rendition by the lawyer of services to the client.
ground of lack of jurisdiction over his person but also on
some other grounds without waiving the jurisdiction of the NOTE: A pauper, while exempted from payment of legal
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fees is not exempted from payment of attorney’s fees. usually in civil suits for money or property where the
(Cristobal v. Employees’ Compensation Commission, G.R. No. lawyer’s fee is taken from the award granted by the
L-49280, February 26, 1981) court.
4. Attorney de officio. The attorney is appointed by the
Factors in determining the attorney’s fees (1994, 2015 court to defend the indigent litigant in a criminal case.
BAR) The client is not bound to pay the attorney for his
services although he may be paid a nominal fee taken
In determining what is fair and reasonable, a lawyer shall from a public fund appropriated for the purpose.
be guided by the following factors: (STIP-SNACCC) 5. Legal aid. The attorney renders legal services for those
who could not afford to engage the services of paid
1. Skill demanded; counsel.
2. Time spent and the extent of the services rendered 6. Quantum meruit basis. If there is no specific contract
or required; between the lawyer and the client, the lawyer is paid on
3. Importance of the subject matter; quantum meruit basis, that is, what the lawyer deserves
4. Probability of losing other employment as a result for his services.
of acceptance of the proffered case;
5. Professional Standing of the lawyer; NOTE: When the claim for entitlement to attorney's fees is
6. Novelty and difficulty of the questions involved; contingent, but no written agreement has been executed
7. Amount involved in the controversy and the bearing the supposed contingent fees, the only way to
benefits resulting to the client from the services; determine the same is to apply the principle of quantum
8. Customary Charges for similar services and the meruit. The recovery of attorney's fees on the basis of
schedule of fees of the IBP chapter to which he quantum meruit is a device that prevents an unscrupulous
belongs; client from running away with the fruits of the legal services
9. Contingency or certainty of compensation; and of counsel without paying for it and it also avoids unjust
10. Character of the employment, whether occasional enrichment on the part of the attorney himself. (National
or established. (Rule 20.01) Power Corporation v. Heirs of Sangkay, G.R. No. 165828,
August 24, 2011)
NOTE: Imposition of interest in the payment of
attorney’s fees is not justified. (Funa, 2009) Retainer

Contracts for attorney’s services in this jurisdiction stands 1. This is the act of the client by which he employs a
upon an entirely different footing from other contract for lawyer to manage for him a cause to which he is a party,
the payment of compensation for any other services. or otherwise to advise him as counsel;
(Mambulao Lumber Co. v. Philippine National Bank, G.R. No. 2. It also refers to a fee which the client pays his attorney
L-22973, January 30, 1968) whom he retains. (Pineda, 2009)

No court shall be bound by the opinion of attorneys as Retaining fee
expert witnesses as to the proper compensation, and may
disregard such testimony and base its conclusion on its A retaining fee is a preliminary fee given to an attorney or
professional knowledge. A written contract for services counsel to insure and secure his future services, and induce
shall control the amount to be paid therefor, unless found him to act for the client. (Pineda, 2009)
by the court to be unconscionable or unreasonable. (Sec. 24,
Rule 138, RRC) Kinds of Retainer Agreements on Attorney’s Fees

Factors to consider in determining the amount of 1. General retainer or retaining fee – It is the fee paid to
attorney’s fees in the absence of any fee arrangement a lawyer to secure his future services as general counsel
(TINS) for any ordinary legal problem that may arise in the
ordinary business of the client and referred to him for
1. Time spent and the services rendered or required – A legal action. The client pays fixed retainer fees, which
lawyer is justified in fixing higher fees when the case is could be monthly or otherwise. The fees are paid
so complicated and requires more time and effort in whether or not there are cases referred to the lawyer;
fixing it.
2. Importance of subject matter – The more important the 2. Special retainer – It is a fee for a specific or particular
subject matter or the bigger the value of the interest of case or service rendered by the lawyer for a client.
the property in litigation, the higher is the attorney’s (Pineda, 2009)
fees.
3. Novelty and difficulty of questions involved – When the Instances when the measure of quantum meruit may be
questions in a case are novel and difficult, greater effort, resorted to (2007, 2015 BAR)
deeper study and research are bound to burn the
lawyer’s time and stamina considering that there are 1. There is no express contract for payment of attorney’s
no local precedents to rely upon. fees agreed upon between the lawyer and the client;
4. Skill demanded of a lawyer – The totality of the lawyer’s 2. Although there is a formal contract for attorney’s fees,
experience provides him skill and competence admired the stipulated fees are found unconscionable or
in lawyers. unreasonable by the court;
3. The contract for attorney’s fees is void due to purely
Different types of fee arrangements formal matters or defects of execution;
4. The counsel, for justifiable cause, was not able to finish
1. Retainer’s fee where the lawyer is paid for services for the case to its conclusion;
an agreed amount for the case. 5. Lawyer and client disregard the contract for attorney’s
2. The lawyer agrees to be paid per court appearance. fees; and
3. Contingent fee where the lawyer is paid for his services 6. The client dismissed his counsel before the termination
depending on the success of the case. This applies of the case.
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may get nothing if the suit fails. (Rayos v. Atty. Hernandez,
Instances when counsel cannot recover the full amount G.R. No. 169079, February 12, 2007)
despite written contract for attorneys’ fees (2006 BAR)
NOTE: If a lawyer employed on contingent basis dies or
1. When the services called for were not performed as becomes disabled before the final adjudication or
when the lawyer withdrew before the case was settlement of the case has been obtained, he or his estate
finished, he will be allowed only reasonable fees; will be allowed to recover the reasonable value of the
2. When there is a justified dismissal of the attorney, the services rendered. The recovery will be allowed only after
contract will be nullified and payment will be on the the successful termination of the litigation in the client’s
basis of quantum meruit only. A contrary stipulation favor (Morton v. Forsee, Ann. Cas. 1914 D. 197; Lapeña Jr.,
will be invalid; 2009; Pineda, 2009)
3. When the stipulated attorney’s fees are
unconscionable, when it is disproportionate as Rationale for contingent fee contracts
compared to the value of services rendered and is
revolting to human conscience; Contracts of this nature (contingent fee contract) are
4. When the stipulated attorney’s fees are in excess of permitted because they redound to the benefit of the poor
what is expressly provided by law; client and the lawyer especially in cases where the client
5. When the lawyer is guilty of fraud or bad faith toward has meritorious cause of action, but no means with which to
his client in the matter of his employment; pay for the legal services unless he can, with the sanction of
6. When the counsel’s services are worthless because of law, make a contract for a contingent fee to be paid out of
his negligence; the proceeds of the litigation. (Rayos v. Atty. Hernandez, G.R.
7. When contract is contrary to law, morals or public No. 169079, February 12, 2007)
policy; and
8. Serving adverse interest unless the lawyer proves that Limitation of the stipulation regarding contingent fee
it was with the consent of both parties. contract

Rationale behind the rule that the court may reduce It must be reasonable based on the circumstance of the case.
unconscionable attorney’s fees Contingent fee contracts are under the supervision and
close scrutiny of the court in order that clients may be
1. A lawyer is primarily an officer of the court hence fees protected from just charges. Its validity depends on the
should be subject to judicial control; measure of reasonableness of the stipulated fees under the
2. Sound public policy demands that courts disregard circumstances of the case. Stipulated attorney’s fees must
stipulations for attorney’s fees when they appear to be not be unconscionable wherein the amount is by far so
a source of speculative profit at the expense of the disproportionate compared to the value of the services
debtor or mortgagor. (Borcena v. IAC, et. al., G.R. No. rendered as to amount to fraud perpetrated to the client.
70099, January 7, 1987) (Sesbreno v. CA, G.R. No. 117438, June 8, 1995)

NOTE: A trial judge may not order the reduction of the Acceptance of an initial fee before or during the
attorney’s fees on the ground that the attorney is “below progress of the litigation does not detract from the
average standard of a lawyer.” The opinion of the judge as contingent nature of the fees
to the capacity of a lawyer is not a basis of the right to a
lawyer’s fees. (Fernandez v. Hon. Bello, G.R. No. L-14277, The acceptance of an initial fee before or during the
April 30, 1960) progress of the litigation does not detract from the
contingent nature of the fees, as long as the bulk thereof is
ACCEPTANCE FEES made dependent upon the successful outcome of the action.
(Francisco v. Matias, G.R. No. L-16349, January 31, 1964)
An acceptance fee is generally non-refundable, but such
rule presupposes that the lawyer has rendered legal service Champertous contract
to his client. In the absence of such service, the lawyer has
no basis for retaining complainant's payment. (Martin v. It is one where the lawyer stipulates with his client in the
Atty. Dela Cruz, A.C. No. 9832, September 4, 2017) prosecution of the case that he will bear all the expenses for
the recovery of things or property being claimed by the
CONTINGENCY FEE ARRANGEMENTS client, and the latter agrees to pay the former a portion of
the thing or property recovered as compensation. (Baltazar
Contingency fee contract et al. v. Bañez, A.C. No. 9091, December 11, 2013)

One which stipulates that the lawyer will be paid for his A champertous contract is considered VOID
legal services only if the suit or litigation ends favorably to
the client. (Taganas v. NLRC, G.R. No. 118746, September 7, It is void due to public policy because it would make him
1995) acquire a stake in the outcome of the litigation which might
lead him to place his own interest above that of the client.
It is like a contract subject to a suspensive condition (Bautista v. Gonzales, A.M. No. 1625, February 12, 1990)
wherein the obligation to pay the counsel is based upon the
outcome of the case. (Pineda, 2009) Contingent vs. Champertous contract

A contingent fee arrangement is valid in this jurisdiction CONTINGENT CHAMPERTOUS
and is generally recognized as valid and binding but must CONTRACT CONTRACT
be in an express contract. The amount of contingent fee Payable in cash – Payable in kind - a
agreed upon by the parties is subject to the stipulation that dependent on the success portion of the thing or
counsel will be paid for his legal services only if the suit or of the litigation property recovered as
litigation prospers. A much higher compensation is allowed compensation
as contingent fee in consideration of the risk that the lawyer
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Lawyers do not undertake Lawyers undertake to of such judgment secured in the main action by the attorney
to pay all expenses of pay all expenses of in favor of his client. (Rolloza et al. v. Eastern
litigation litigation Telecommunications Phils., Inc. G.R. No. 104600, July 2, 1999;
MEBTC v. CA, G.R. No. 86100-03, January 23, 1990)
Valid Void
Retaining Lien vs. Charging Lien

ATTORNEY’S LIENS 1. Retaining Lien - right of the attorney to retain the
funds, documents, and papers of his client which have
Attorney’s retaining lien lawfully come into his possession until his lawful fees
and disbursements have been paid and to apply such
A retaining lien is the right of an attorney to retain the funds to the satisfaction thereof.
funds, documents and papers of his client who have lawfully
come into his possession and may retain the same until his 2. Charging Lien - right which the attorney has upon all
lawful fees and disbursements have been paid and may judgments for the payment of money, and executions
apply such funds to the satisfaction thereof. (Vda. De Caiña, issued in pursuance of said judgments, which he has
et al. v. Victoriano et al., G.R. No. L-12905, February 26, 1959) secured in litigation of his client.

NOTE: A lawyer is not entitled to unilaterally appropriate Under this rule, this lien, whether retaining or charging,
his client’s money for himself by the mere fact alone that the takes legal effect only from and after, but not before,
client owes him attorney’s fees. (Rayos v. Hernandez, G.R. No. notice of said lien has been entered in the record and
169079, February 12, 2007) served on the adverse party. (Vda. De Caiña, et al. v.
Victoriano et al., G.R. No. L-12905, February 26, 1959)
Elements for the exercise of retaining lien (ALU)
RETAINING CHARGING LIEN
1. Attorney-client relationship; LIEN
2. Lawful possession by the lawyer of the client’s funds, As to Nature Passive lien. It Active lien. It can
documents and papers in his professional capacity; and cannot be be enforced by
3. Unsatisfied claim for attorney’s fees or disbursements. actively execution.
(Miranda v. Atty. Carpio, A.C. No. 6281, September 26, enforced.
2011; Ampil v. Judge Agrava, G.R. No. L-27394, July 31, It is a general It is a special
1970) lien. lien.
As to Basis Lawful Securing of a
Attorney’s charging lien possession of favorable money
A charging lien is the right of a lawyer to the same extent papers, judgment for
upon all judgments for the payment of money, and documents, client.
executions issued in pursuance of such judgments which he property
has secured in a litigation of his client, from and after the belonging to the
time when he shall have caused a statement of his claim of client.
such lien to be entered upon the records of the court
rendering such judgment, or issuing such execution, and As to Covers papers, Covers all
shall have caused written notice thereof to be delivered to Coverage documents, and judgments for
his client and to the adverse party; and he shall have the properties in the the payment of
same right and power over such judgments and executions lawful money and
as his client would have to enforce his lien and secure the possession of the execution issued
payment of his fees and disbursements. (Sec. 37, Rule 138, attorney by in pursuance of
RRC) reason of his such judgment.
professional
NOTE: The provision permits the registration of an employment.
attorney's lien, although the lawyer concerned does not
finish the case successfully in favor of his client, because an As to Effect As soon as the As soon as the
attorney who quits or is dismissed before the conclusion of attorney gets claim for
his assigned task is as much entitled to the protection of the possession of attorney’s fees
rule. Otherwise, a client may easily frustrate its purpose. papers, had been
(Palanca v. Pecson, G.R. Nos. L-6334 and L-6346, February 25, documents, or entered into the
1954) property. records of the
case.
Elements for exercise of charging lien (ASMoCAR)

As to May be exercised Generally,
1. Attorney-client relationship;
Applicability before judgment exercised only
2. Legal Services was rendered;
or execution or when the
3. Favorable Money judgment secured by the counsel for
regardless attorney had
his client;
thereof. already secured
4. The attorney has a Claim for Attorney’s fees or
a favorable
advances; and
judgment for his
5. A statement of the claim has been duly Recorded in the
client.
case with notice thereof served upon the client and the

adverse party.

NOTE: A charging lien, to be enforceable as a security for
the payment of attorney’s fees, requires as a condition sine
qua non a judgment for money and execution in pursuance

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As to When possession When client A lawyer shall avoid controversies with clients
Extinguish- lawfully ends as loses action as concerning his compensation and shall resort to
ment when lawyer lien may only be judicial action only to prevent imposition, injustice or
voluntarily parts enforced against fraud. (1998 BAR)
with funds, judgment
documents, and awarded in favor GR: A lawyer should avoid the filing of any case against a
papers of client of client, client for the enforcement of attorney’s fees.
or offers them as proceeds
evidence. thereof/ NOTE: The legal profession is not a money-making trade
executed but a form of public service. Lawyers should avoid giving
thereon. the impression that they are mercenary (Perez v. Scottish
Union and National Insurance Co., C.A. No. 8977, March 22,
1946). It might even turn out to be unproductive for him for
FEES AND CONTROVERSIES WITH CLIENTS potential clients are likely to avoid a lawyer with a
reputation of suing his clients.
RULE 20.02, CANON 20
A lawyer shall, in cases of referral, with the consent of XPNs:

the client, be entitled to a division of fees in
1. To prevent imposition
proportion to the work performed and responsibility
2. To prevent injustice
assumed.
3. To prevent fraud. (Rule 20.04, CPR)

NOTE: This is not in the nature of a broker’s commission. NOTE: A client may enter into a compromise agreement
without the intervention of the lawyer, but the terms of the
Lawyer-referral system agreement should not deprive the counsel of his
compensation for the professional services he had
Under this system, if another counsel is referred to the rendered. If so, the compromise shall be subjected to said
client, and the latter agrees to take him as collaborating fees. If the client and the adverse party who assented to the
counsel, and there is no express agreement on the payment compromise are found to have intentionally deprived the
of attorney’s fees, the said counsel will receive attorney’s lawyer of his fees, the terms of the compromise, insofar as
fees in proportion to the work performed and responsibility they prejudice the lawyer, will be set aside, making both
assumed. The lawyers and the client may agree upon the parties accountable to pay the lawyer’s fees. But in all cases,
proportion but in case of disagreement, the court may fix it is the client who is bound to pay his lawyer for his legal
the proportional division of fees. (Lapeña Jr., 2009) representation. (Atty. Gubat v. NPC, G.R. No. 167415,
February 26, 2010)
This rule makes it improper for a lawyer to receive
compensation for merely recommending another lawyer to Ways on how lawyers claim attorney's fees
his client, otherwise, it would tend to germinate
commercialism and destroy proper appreciation of 1. Same action in which the services of a lawyer had been
professional responsibility. The referral of a client by a rendered; or
lawyer to another lawyer does not entitle the former to a 2. In a separate action.
commission nor to a portion of the attorney's fees. It is only
when, in addition to referral, he performs legal service or With respect to the first situation, the remedy for recovering
assumes responsibility, thus, he will be entitled to a fee. attorney’s fees as an incident of the main action may be
(Agpalo, 2009) availed of only when something is due to the
client. Attorney’s fees cannot be determined until after the
RULE 20.03, CANON 20 main litigation has been decided and the subject of the
A lawyer shall not, without the full knowledge and recovery is at the disposition of the court. The issue over
consent of the client, accept any fee, reward, costs, attorney’s fees only arises when something has been
commission, interest, rebate or forwarding recovered from which the fee is to be paid.
allowance or other compensation whatsoever related
to his professional employment from anyone other While a claim for attorney’s fees may be filed before the
than the client. (1997, 2003 BAR) judgment is rendered, the determination as to the propriety
of the fees or as to the amount thereof will have to be held
It is intended to secure the fidelity of the lawyer to in abeyance until the main case from which the lawyer’s
his client’s cause and to prevent a situation in which the claim for attorney’s fees may arise has become final.
receipt by him of a rebate or commission from another with Otherwise, the determination to be made by the courts will
the client’s business may interfere with the full discharge of be premature. Of course, a petition for attorney’s fees may
his duty to his client. (Report of the IBP Committee) be filed before the judgment in favor of the client is satisfied
or the proceeds thereof delivered to the client. (Rosario, Jr.
There should be no room for suspicion on the part of the v. De Guzman et. al., G.R. No. 191247, July 10, 2013)
client that his lawyer is receiving a fee, reward, commission,
or compensation from third parties with hostile interests. Instances when an independent civil action to recover
(Agpalo, 2009) attorney’s fees is necessary

GR: Fees shall be received from the client only. 1. Main action is dismissed or nothing is awarded;
2. Court has decided that it has no jurisdiction over the
XPN: A lawyer may receive compensation from a person action or has already lost it;
other than his client when the latter has full knowledge and 3. Person liable for attorney’s fees is not a party to the
approval thereof. [Sec. 20 (e), Rule 138] main action;
4. Court reserved to the lawyer the right to file a separate
RULE 20.04, CANON 20 civil suit for recovery of attorney’s fees;

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5. Services for which the lawyer seeks payment are not secret acquired by the attorney during the consultation
connected with the subject litigation; with the prospective client, even if the attorney did not
6. Judgment debtor has fully paid all of the judgment accept the employment. (Pineda, 2009)
proceeds to the judgment creditor and the lawyer has
not taken any legal step to have his fees paid directly to Instances when a lawyer may testify as a witness in a
him from the judgment proceeds; and case which he is handling for a client
7. Failure to exercise charging Lien.
1. On formal matters, such as the mailing, authentication
Effects of the nullity of contract on the right to or custody of an instrument and the like;
attorney’s fees 2. Acting as an expert on his fee;
3. Acting as an arbitrator;
If the nullification is due to: 4. Depositions; and
5. On substantial matters in cases where his testimony is
1. Illegality of its object - the lawyer is precluded from essential to the ends of justice, in which event he must,
recovering; or during his testimony, entrust the trial of the case to
another counsel.
2. Formal defect (or because the court has found the
amount to be unconscionable) - the lawyer may Q: Certain government officers, armed with a search
recover for any services rendered based on quantum warrant duly issued, seized among other things, a filing
meruit. cabinet belonging to Atty. X. In seeking the return of the
cabinet, Atty. X claimed that the cabinet contained
PRESERVATION OF CLIENT’S CONFIDENCES documents and articles belonging to his clients but the
government refused to return the cabinet. Atty. X
CANON 21 petitioned the court which issued the warrant, praying
A lawyer shall preserve the confidence and secrets of his that the agents be prohibited from opening the cabinet.
client even after the attorney-client relation is
terminated. Should Atty. X’s petition be given due course?

The protection given to the client is perpetual and does not A: YES. The lower court cannot order the opening of said
cease with the termination of the litigation nor is affected cabinet. To do so is in violation of his rights as an attorney.
by the party ceasing to employ the attorney and employ It would be tantamount to compelling him to disclose his
another or any other change of relation between them. It client’s secrets. (Lapeña Jr., 2009)
even survives the death of the client (Bun Siong Yao v.
Aurelio, A.C. No. 7023, 30 March 2006). NOTE: Confidential information obtains even against
government agencies and instrumentalities. (Funa, 2009)
PROHIBITED DISCLOSURES AND USE
DISCLOSURE, WHEN ALLOWED
GR: A lawyer shall not reveal the confidences and secrets of
his client. Professional employment of a law firm is equivalent to
retainer of members thereof. In a law firm, partners or
NOTE: An attorney or person reasonably believed by the associates usually consult one another involving their cases
client to be licensed to engage in the practice of law cannot, and some work as a team. Consequently, it cannot be
without the consent of the client, be examined as to any avoided that some information about the case received
communication made by the client to him or her, or his or from the client may be disclosed to the partners or
her advice given thereon in the course of, or with a view associates. (Agpalo, 2009)
to, professional employment, nor can an attorney’s
secretary, stenographer, or clerk, or other persons assisting WITHDRAWAL OF SERVICES
the attorney be examined, without the consent of the client
and his or her employer, concerning any fact the knowledge CANON 22
of which has been acquired in such capacity. [Sec. 24(b), A lawyer shall withdraw his services only for good
Rule 130, 2019 Amendments to the 1989 Revised Rules on cause and upon notice appropriate in the
Evidence] circumstances.

XPNs:
1. When authorized by his client after acquainting him of Right to withdraw
the consequences of the disclosure;
GR: A lawyer lacks the unqualified right to withdraw once
NOTE: The only instance where the waiver of the client he has taken a case. By his acceptance, he has impliedly
alone is insufficient is when the person to be examined stipulated that he will prosecute the case to its conclusion.
regarding any privileged communication is the This is especially true when such withdrawal will work
attorney’s secretary, stenographer or clerk or other injustice to a client or frustrate the ends of justice. (Agpalo,
persons assisting the attorney, in respect to which, the 2009)
consent of the attorney is likewise necessary.
XPNs: The right of a lawyer to retire from the case before
2. When required by law; or its final adjudication, which arises only from:

3. When necessary to collect his fees or to defend himself, 1. The client’s written consent; or
his employees or associates by judicial action. 2. By permission of the court after due notice and hearing.

NOTE: Payment of retainer fee is not essential before an Instances when a lawyer may withdraw his services
attorney can be required to safeguard a prospective client’s WITHOUT the consent of his client (Rule 22.01, Canon
22) (IVIMFECO)
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1. When the client pursues an Illegal or immoral constitutes in itself a sufficient legal obstacle for
course of conduct in connection with the matter he recovery.
is handling;
2. When the client insists that the lawyer pursue 2. Without just cause
conduct in Violation of these canons and rules;
3. When his Inability to work with co-counsel will not a. No express written agreement as to fees –
promote the best interest of the client; reasonable value of his services up to the date of
4. When the Mental or physical condition of the his dismissal (quantum meruit).
lawyer renders it difficult for him to carry out the b. There is written agreement and the fee stipulated
employment effectively; is absolute and reasonable – full payment of
5. When the client deliberately Fails to pay the fees compensation.
for the services or fails to comply with the retainer
agreement; c. The fee stipulated is contingent.
6. When the lawyer is Elected or appointed to a public d. If dismissed before the conclusion of the action –
office; reasonable value of his services (quantum
7. Other similar cases (Rule 22.01, CPR); and meruit)
8. When there is Conflict of interest. e. If contingency occurs or client prevents its
occurrence – full amount.
Hot Potato Rule
NOTE: A lawyer should question his discharge otherwise he
GR: A lawyer may not unreasonably withdraw from will only be allowed to recover on quantum meruit basis.
representing a client.
Limitations on client’s right to discharge the services of
XPN: Withdrawal may be allowed if there is a conflict of his lawyer
interests arising from circumstances beyond the control of
the lawyer or the law firm. (Black’s Law Dictionary, 9th 1. When made with justifiable cause, it shall
edition) negate the attorney’s right to full payment of
compensation.
NOTE: In cases letters “a” to “e” (above), the lawyer must 2. The attorney may, in the discretion of the court,
file a written motion with an express consent of his client intervene in the case to protect his right to fees.
and the court shall determine whether he ought to be 3. A client may not be permitted to abuse his right to
allowed to retire. discharge his counsel as an excuse to secure repeated
extensions of time to file a pleading or to indefinitely
He may also retire at any time from an action or special avoid a trial.
proceeding without the consent of his client, should the
court, on notice to the client and attorney, and on hearing, Conditions for substitution of counsel
determine that he ought to be allowed to retire. (Sec. 26,
Rule 138, RRC) 1. Written application;
2. Written consent of the client; and
Procedure to follow when withdrawal is without 3. Written consent of the attorney to be substituted, or in
client’s consent the absence thereof, proof of service of notice of said
motion to the attorney to be substituted in the manner
1. File a petition for withdrawal in court. prescribed by the rules.
2. Serve a copy of this petition upon his client and the
adverse party at least 3 days before the date set for Heavy workload as excuse for withdrawal as counsel
hearing.
Standing alone, heavy workload is not sufficient reason for
NOTE: He should present his petition well in advance of the the withdrawal of a counsel. When a lawyer accepts to
trial of the action to enable the client to secure the services handle a case, whether for a fee or gratis et amore, he
of another lawyer. undertakes to give his utmost attention, skill and
competence to it regardless of its significance. Failure to
However, if no new counsel has entered his appearance, the fulfill his duties will subject him to grave administrative
court may, in order to prevent a denial of a party’s right to liability as a member of the Bar. (Ceniza v. Atty. Rubia, A.C.
the assistance of counsel require that the lawyer’s No. 6166, October 2, 2009)
withdrawal be held in abeyance until another lawyer shall
have appeared for the party. (Agpalo, 2009) Duties of a discharged lawyer or one who withdraws

A lawyer should not presume that the court will grant his 1. Immediately turn-over all papers and property to which
petition for withdrawal. Until his withdrawal shall have the client is entitled; and
been proved, the lawyer remains counsel of record who is 2. To cooperate with his successor in the orderly transfer
expected by his client and by the court to do what the of the case.
interests of his client require. (Pineda, 2009)
DUTIES OF LAWYERS IN CASE OF DEATH OF
Q: Can a client discharge the services of his lawyer PARTIES REPRESENTED
without a cause? (1994, 1997, 1998 BAR)
Whenever a party to a pending case dies, becomes
A: YES. A client has the right to discharge his attorney at any incapacitated or incompetent, it shall be the duty of his
time with or without a cause or even against his consent. attorney to inform the court promptly of such death,
incapacity or incompetency and to give the name and
1. With just cause – lawyer is not necessarily deprived of residence of his executor, administrator, guardian or other
his right to be paid for his services. He may only be legal representative.
deprived of such right if the cause for his dismissal
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That duty is imposed upon the attorney because he is in a 1. The judge, or his wife, or child is pecuniarily interested
better position than the counsel for the adverse party to as heir, legatee, or creditor;
ascertain who is the legal representative of the deceased or 2. The judge is related to either party of the case within
incapacitated or incompetent client. the sixth degree of consanguinity or affinity, or to the
counsel within the fourth degree (computed according
a. In case of death of parties represented – as the relation to the rule of civil law);
of attorney and client is personal and one of agency, it 3. The judge has been an executor, administrator,
terminates upon the death of the client. guardian, trustee or counsel;
GR: The attorney loses his or her standing in court to 4. The judge has presided in any inferior court when his
represent the deceased client or the latter’s estate. ruling or decision is the subject of review.

XPN: He is retained by the administrator, executor or XPN: The same rule also provides that the judge may hear
legal representative of the deceased client. and decide the case despite the presence of a
disqualification provided the interested parties both give
b. In case incapacity or incompetency of client – the their written consent, signed by them and entered upon the
relation of attorney and client also terminates upon the record. (Lazo v. Judge Tiong, A.M. No. MTJ-98-1173,
incapacity or incompetency of a client during the pendency December 15, 1998)
of the litigation.
VOLUNTARY
GR: The client loses the legal capacity to contract the
subject matter of the action. Voluntary Inhibition states that a judge may, through the
exercise of sound discretion, disqualify himself from sitting
XPN: The guardian of the incapacitated or incompetent in a case, for just or valid reasons other than those
client may authorize the lawyer to continue mentioned above. (People v. Governor Kho, G.R. No. 139381,
representing the client. April 20, 2001)

JUDICIAL ETHICS NOTE: A presiding judge must maintain and preserve the
trust and faith of the parties-litigants. He must hold himself
above reproach and suspicion. At the very sign of lack of
SIX (6) CANONS/QUALITIES UNDER NCJC
faith and trust in his actions, whether well-grounded or not,
the judge has no other alternative but to inhibit himself
Six canons (I3-PE-CD) from the case. (Gutang v. Court of Appeals, G.R. No. 124760,
July 8, 1998)
1. Independence (Canon 1, NCJC)
2. Integrity (Canon 2, NCJC) The self-examination of the judge is necessary. He should
3. Impartiality (Canon 3, NCJC) exercise his discretion in a way that people’s faith in the
4. Propriety (Canon 4, NCJC) courts of justice will not be impaired. His decision, as to
5. Equality (Canon 5, NCJC) whether to hear the case or not should be based and
6. Competence and Diligence (Canon 6, NCJC) dependent on giving importance to the public confidence in
the impartiality of a judge.
DUTIES OF THE JUDICIARY UNDER NCJC
A judge may not be legally prohibited from sitting in a
Duties of the judiciary litigation, but when circumstances appear that will induce
doubt as to his honest actuations and probity in favor of
1. Duty to be above reproach and to appear above either party, or incite such state of mind, he should conduct
reproach (Sec. 1, Canon 2, NCJC) a careful examination. He should exercise his discretion in a
2. Duty to be impartial (Canon 3, NCJC) way that people’s faith in the Courts of Justice is not
3. Duty to avoid improprieties and appearance of impaired. The better course for the judge under such
improprieties (Sec. 1, Canon 4, NCJC) circumstances is to disqualify himself. (Intestate Estate of
4. Duty of financial transparency and duty to avoid Borromeo v. Borromeo, G.R. No. L-41171, July 23, 1987)
financial conflicts of interest (Sec. 7, Canon 4, NCJC)
5. Duty to be efficient, fair and prompt (Sec. 5, Canon Intimacy or friendship between a judge and an attorney
6, NCJC) of record of one of the parties to a suit
6. Duty to be free from favor, bias, or prejudice (Sec.
1, Canon 3, NCJC) It is NOT a ground for disqualification. That one of the
counsels in a case was a classmate of the trial judge is not a
DISQUALIFICATION OF JUSTICES AND JUDGES legal ground for the disqualification of the said judge. To
(RULE 137) allow it would unnecessarily burden other trial judges to
whom the case would be transferred. But if the relationship
between the judge and an attorney for a party is such that
COMPULSORY there would be a natural inclination to prejudice the case,
the judge should be disqualified in order to guarantee a fair
Compulsory Disqualification conclusively presumes that trial. (Query of Executive Judge Estrada, A.M. 87-7-3918-RTC,
a judge cannot actively or impartially sit on a case. (People October 26, 1987)
v. Governor Kho, G.R. No. 139381, April 20, 2001)

Disqualification of justices and judges It is well-established that inhibition is not allowed at every
instance that a schoolmate or classmate appears before the
GR: Section 1 of Rule 137 provides that a judge is mandated judge as counsel for one of the parties. A judge, too, is not
by law to be disqualified under any of the following expected to automatically inhibit himself from acting in a
instances: case involving a member of his fraternity. (Jimenez, Jr. v.
People, G.R. No. 209195, September 17, 2014)

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104 2021 & 2022
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Rationale A municipal judge who filed complaints in his own
court for robbery and malicious mischief against a
The intendment of Rule 137 is incontestably that a judge, party to protect the property interests of the judge’s co-
sitting in a case, must at all times be wholly free, heirs, and then issued warrants of arrest against the
disinterested, impartial and independent. party, was found guilty of serious misconduct and
ordered dismissed from the bench before he was able
A judge has both the duty of rendering a just decision and to rescue himself (Oktubre v. Judge Velasco, A.M. No.
the duty of doing it in a manner completely free from MTJ-02-02-1444, July 20, 2004);
suspicion as to its fairness and as to his integrity. The law
conclusively presumes that a judge cannot objectively or 6. The restriction extends to judges who served as
impartially sit in such a case and, for that reason, prohibits lawyers in closely related cases.
him and strikes at his authority to hear and decide it.
(Garcia v. de la Pena, A.M. No. MTJ-92-687, February 9, 1994) An associate justice of the Court of Appeals refused to
inhibit himself from reviewing the decision in a case
Q: An information was filed charging Manuel Jimenez which he had partially heard as a trial judge prior to his
and several others of the crime of murder. One of the promotion, on the ground that the decision was not
alleged co-conspirators, Montero, filed a Motion for his written by him. The Supreme Court upheld his refusal,
discharge as a state witness for the prosecution. Judge but nevertheless commented that he "should have been
Docena acted upon the said motion and ruled that more prudent and circumspect and declined to take on
Montero is qualified to be a state witness. Jimenez then the case owing to his earlier involvement in the case”.
filed a motion for inhibition, praying that Judge Docena The Court has held that a judge should not handle a case
inhibit himself from further acting upon the case on the in which he might be perceived, rightly or wrongly, to
ground of bias, Jimenez being the judge’s fraternity be susceptible to bias and prejudice (Sandoval v. CA, G.R.
brother and State Prosecutor Villanueva was his No. 106657, August 1, 1996);
classmate.
NOTE: A preliminary injunction issued by a judge in
Should Judge Docena inhibit himself from hearing the favor of his sister before inhibiting himself was found
case? reprehensible. (Hurtado v. Judajena, G.R. No. L-40603,
July 13, 1978)
A: NO. The second paragraph of Section 1 of Rule 137 does
not give judges the unlimited discretion to decide whether 7. The judge is not wholly free, disinterested, impartial
or not to desist from hearing a case. The inhibition must be and independent (Garcia v. Judge De La Pena.
for just and valid causes. The mere imputation of bias or A.M.No.MTJ-92-637, February 9, 1994); or
partiality is likewise not enough ground for their inhibition, 8. Utang na loob (debt of gratitude)
especially when the charge is without basis.
It is well-established that inhibition is not allowed at every The judge admits that he may be suspected of
instance that a schoolmate or classmate appears before the surrendering to the persuasions of utang na loob or he
judge as counsel for one of the parties. In attributing bias may even succumb to it considering that he "and the
and prejudice to Judge Docena, Jimenez must prove that the members of his family, no less, shall ever remain
judge acted or conducted himself in a manner clearly obliged in eternal gratitude", Judge Masadao, Jr.'s
indicative of arbitrariness or prejudice so as to defeat the order of voluntary inhibition in further proceedings, is
attributes of the cold neutrality that an impartial judge must hereby upheld. Judge Elizaga is hereby ordered to take
possess. cognizance of the said case as re-raffled to his sala
(Query of Executive Judge Estrada, on the Conflicting
Unjustified assumptions and mere misgivings that the judge Views of Judges Masadao and Elizaga Re: Criminal Case
acted with prejudice, passion, pride and pettiness in the No. 4954-M, A.M. No. 87-9-3918-RTC)
performance of his functions cannot overcome the
presumption that a judge shall decide on the merits of a case Q: When Atty. Rojas was appointed as a judge, he
with an unclouded vision of its facts. (Jimenez, Jr. v. People, inherited a criminal case in which he acted as
G.R. No. 209195, September 17, 2014) prosecutor. He explained that his delay in inhibiting
himself from presiding on that case was because it was
MANDATORY DISQUALIFICATION only after the belated transcription of the stenographic
BY JUDGES THEMSELVES notes that he remembered that he handled that case. He
also said that the counsels did not object and he never
The phrase “any proceeding” includes, but is not limited held “full-blown” hearings anyway. Should Judge Rojas
to instances where: be reprimanded?

1. A judge has outside knowledge of disputed facts. To be A: YES. The Rules of Court prevents judges from trying
a ground for disqualification, the knowledge must have cases where they acted as counsel “without” the consent of
been obtained extra-judicially like out-of-court the parties. This prevents not only a conflict of interest but
observations. This prohibition also disallows extra- also the appearance of impropriety on the part of the judge.
judicial research on the internet;
2. The judge previously served as a lawyer or was a Here, the judge should not have taken part in the
material witness in the matter in controversy (Sec. 5(b), proceeding as his impartiality will naturally be questioned
Canon 3, CJC); considering that he previously handled the case as
3. A judge was formerly associated with one of the parties prosecutor. He should administer justice impartially &
or their counsel; without delay. The prohibition does not only cover hearings
4. A judge who previously notarized the affidavit of a but all judicial acts (e.g. orders, resolutions) some of which,
person to be presented as a witness in a case before him Judge Rojas did make. (Re: Inhibition of Judge Rojas, A.M. No.
(Mateo v. Villaluz, G.R. No. 34756-59, March 31, 1973); 98-6-185-RTC, October 30, 1998)
5. A judge or his family has financial or any interest in the
proceedings before him.
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Q: Judge Mijares was charged with grave misconduct for involving the birth record of her grandson, Joshua, who
taking cognizance and deciding a special proceeding for happened to be child of Judge Florante’s daughter,
correction of entry in the record of her grandson, Pilita. Judge Florante insisted that he committed no
notwithstanding such relationship. It was also alleged wrong since the proceeding was non-adversarial and
that the judge dispensed with the publication since it merely sought to correct an erroneous entry in
requirement in said proceeding. the child’s birth certificate. Is Judge Florante liable?
(2011 BAR)
In her answer, Judge Mijares contended that the
prohibition provided for under the Code did not apply A: YES. Sec. 5, Canon 3 provides that: “Judges shall
to special proceedings which are not controversial in disqualify themselves from participating in any
nature and that she does not have any pecuniary proceedings in which they are unable to decide the matter
interest in the case. Is the contention correct? impartially or in which it may appear to a reasonable
observer that they are unable to decide the matter
A: NO. A judge who is related to a party within the 6th degree impartially. Such proceedings include, but are not limited to
of consanguinity is mandated to inhibit himself from instances where: “xx 6. The judge is related by consanguinity
hearing the case “notwithstanding lack of pecuniary or affinity to a party litigant within the 6th civil degree or to
interest in the case”. This is so because lack of such interest counsel within the fourth civil degree.” This is considered as
does not mean that she can already be free from bias and a MANDATORY INHIBITION. Strict compliance with the
partiality in resolving the case by reason of her close blood rules on disqualification is required.
relationship. (Villaluz v. Judge Mijares, A.M. No. RTJ -98-1402
288, April 3, 1998) Inhibition

Degree of compliance required by the rule under Rule It is an act when a judge personally prevents himself from
3.05 of NCJC taking cognizance of the case. This is made through a
written petition to inhibit which shall state the grounds for
Strict compliance of the rule is required to protect the rights the same. The explanation of the judge whether or not to
of the parties, to assure an impartial administration of take cognizance of the case must also be in writing. (Rule
justice, and to prevent erosion of the people's confidence in 3.12, Canon 3, CJC)
the judiciary. (Marfil v. Judge Cuachon, A.M. No. 2360-MJ,
August 31, 1981) If the judge inhibits himself from taking cognizance of the
case, the same cannot be appealed. However, the judge
Types of disqualification should not immediately inhibit himself. He should make a
careful examination by first taking into consideration the
1. Mandatory or compulsory disqualification following:
2. Voluntary disqualification or inhibition
1. General consideration – whether the people’s faith in
Disqualification vs. Inhibition the judicial system will be impaired.
2. Special consideration – He must reflect on the
DISQUALIFICATION INHIBITION probability that the losing party will nurture at the
back of his mind that he tilted the scale of justice
There are specific The rule only provides
grounds enumerated broad basis for inhibition. Voluntary inhibition of a judge
under the rules of court
for disqualification. The judge may in his discretion inhibit himself, for just and
The judge has no The rule leaves the matter to valid reasons other than the grounds for mandatory
discretion; mandatory the judge’s sound discretion disqualification. The rule on voluntary disqualification or
inhibition is discretionary upon the judge on the basis of his
The right of a party to seek the inhibition or disqualification conscience. (Kilosbayan Foundation and Bantay Katarungan
of a judge who does not appear to be wholly free, Foundation v. Leoncio M. Janolo, Jr., G.R. No. 180543, July 27,
disinterested, impartial and independent in handling the 2010)
case must be balanced with the latter’s sacred duty to
decide cases without fear of repression. Thus, it was This leaves the discretion to the judge to decide for himself
incumbent upon a lawyer to establish by clear and questions as to whether he will desist from sitting in a case
convincing evidence the ground of bias and prejudice in for other just and valid reasons with only his conscience to
order to disqualify a Judge from participating in a particular guide him, unless he cannot discern for himself his inability
trial. (Judge Madrid v. Atty. Dealca, A.C. No. 7474, September to meet the test of cold neutrality required of him, in which
09, 2014) event the appellate court will see to it that he disqualifies
himself. (Castillo v. Juan, G.R. Nos. L-39516-17, January 28,
Grounds for mandatory disqualification 1975; Paredes v. Abad, G.R. Nos. L-36927-28, April 15, 1974)
1. When he, or his wife, or child is pecuniarily interested
as heir, legatee, creditor, or otherwise; A decision to disqualify himself is not conclusive and his
2. When he is related to either party within the 6th degree competency may be determined on application for
of consanguinity or affinity or to counsel within the 4th mandamus to compel him to act. A judge’s decision to
civil degree; continue hearing a case in which he is not legally prohibited
3. When he has been an executor, guardian, from trying notwithstanding challenge to his objectivity
administrator, trustee, or counsel; or may not constitute reversible error. (Masadao and Elizaga
4. When he has presided in an inferior court where his Re Criminal Case No. 4954-M, A.M. No. 87-9-3918-RTC,
ruling or decision is subject to review, without the October 26, 1987)
written consent of the parties. (Rule 137, RRC)
NOTE: The filing of an administrative case against a judge
Q: In a verified complaint, Kathy said that Judge does not automatically disqualify him from sitting in a case.
Florante decided a petition for correction of entry It must be shown that there are other acts or conducts by
2021 GOLDEN NOTES
106 2021 & 2022
Legal Ethics
the judge which constitute a ground for his disqualification. recognition of such value in Philippine society prevent the
(Aparicio v. Andal, G.R. Nos. 86587-93, July 25, 1989; Medina performance of one’s duties as judge. However, in order to
v. Judge De Guia, A.M. No. RTJ-88-216, March 1, 1993) avoid any suspicion of partiality, it is better for the judge to
voluntarily inhibit himself. (Query of Executive Judge
The inhibition must be for just and valid causes, and in this Estrada, on the Conflicting Views of Judges Masadao and
regard, we have noted that the mere imputation of bias or Elizaga Re: Criminal Case No. 4954-M, A.M. No. 87-9-3918-
partiality is not enough ground for inhibition, especially RTC, October 26, 1987)
when the charge is without basis. This Court has to be
shown acts or conduct clearly indicative of arbitrariness or Q: Does a judge’s active participation during the
prejudice before it can brand them with the stigma of bias hearing of the writ of preliminary injunction amount to
or partiality. Moreover, extrinsic evidence is required to an evident display of his bias and partiality in favor of
establish bias, bad faith, malice or corrupt purpose, in the private respondents and should he therefore
addition to palpable error which may be inferred from the disqualify himself from further hearing the civil case?
decision or order itself. (Philippine Commercial
International Bank v. Dy Hong Pi, G.R. No. 171137, June 5, A: NO. Mere intervention of the respondent judge during
2009) the hearing of preliminary injunction by simply asking the
materiality of a question directed upon the witness and
A judge may by mandamus be compelled to act on questions ruling against the petitioners are within the prerogatives
regarding his disqualification from sitting in a case. and powers of the judge. The fact that the judge asked
(Aparicio v. Andal, G.R. Nos. 86587-93, July 25, 1989) questions in the course of the trial does not make him a
biased judge. (Hizon v. Dela Fuente, G.R. No. 152328, March
Q: Judge Clint Braso is hearing a case between Mr. 23, 2004)
Timothy and Khristopher Company, a company where
his wife used to work as one of its Junior Executives for Remittal of disqualification
several years. Doubting the impartiality of the Judge,
Mr. Timothy filed a motion to inhibit Judge Clint Braso. A judge disqualified may, instead of withdrawing from the
Judge Clint Braso refused on the ground that his wife proceeding, disclose in the records the basis of
has long resigned from the company. Decide. (2014 disqualification. If, based on such disclosure, the parties and
BAR) lawyers, independently of the judge’s participation, all
agree in writing that the reason for the inhibition is
A: The matter of inhibition is addressed to the judicious immaterial or insubstantial; the judge may then participate
discretion of the judge; hence, only he can examine his in the proceeding. The agreement, signed by all parties and
conscience if he can answer to the call of cold neutrality. lawyers, shall be incorporated in the record of the
proceedings. (Sec. 6, Canon 3, NCJC)
Time to file the petition to disqualify a judge
Requirements for a judge to continue hearing a case
It must be filed before rendition of the judgment and it despite the existence of reasons for disqualifications
cannot be raised on appeal. Otherwise, the parties are
deemed to have waived any objection regarding the 1. The bona fide disclosure to the parties in litigation; and
impartiality of the judge. (Government vs. Heirs of Abella, 2. The express acceptance by all the parties of the cited
G.R. No. 25009, September 8, 1926) reason as not material or substantial.

NOTE: Under Canon 3, Sec. 5 (a), a judge should decide a CONTEMPT OF COURT
case on the basis of the evidence presented before him and
not on extraneous matters. This tendency will be for him to Power of Contempt vs. Power to Disbar
decide the case based on his personal knowledge and not
necessarily on the basis of the evidence that will be The power to punish for contempt and the power to disbar
presented. The judge, however, is not precluded from are separate and distinct, and that the exercise of one does
testifying about his personal knowledge of the case. After, not exclude the exercise of the other. (People v. Godoy, G.R.
disqualifying himself, he can be a presented as a witness in Nos. 115908-09, March 29, 1995)
the case before the substitute judge.
Kinds of Contempt
Q: A judge rendered a decision in a criminal case finding
the accused guilty of estafa. Counsel for the accused 1. Direct – Consists of misbehavior in the presence of or
filed a motion for reconsideration which was submitted so near a court or judge as to interrupt or obstruct the
without arguments. Later, another lawyer entered his proceedings before the court or the administration of
appearance for the accused. The judge issued an order justice; it is punished summarily. (Sec. 1, Rule 71, RRC)
inhibiting himself from further sitting in the case
because the latter lawyer had been among those who NOTE: An imputation in a pleading of gross ignorance
recommended him to the bench. Can the judge’s against a court or its judge, especially in the absence of
voluntary inhibition be sustained? any evidence, is a serious allegation, and constitutes
direct contempt of court.
A: The judge may not voluntarily inhibit himself by the mere
fact that a lawyer recommended him to the bench. In fact, Derogatory, offensive or malicious statements
the appearance of said contained in pleadings or written submissions
lawyer is a test as to whether the judge can act presented to the same court or judge in which the
independently and courageously in deciding the case proceedings are pending are treated as direct contempt
according to his conscience. “Inhibition is not allowed at because they are equivalent to a misbehavior
every instance that a friend, classmate, associate or patron committed in the presence of or so near a court or judge
of a presiding judge appears before him as counsel for one as to interrupt the administration of justice. This is true,
of the parties to a case. ‘Utang na loob’ per se, should not be even if the derogatory, offensive or malicious
a hindrance to the administration of justice. Nor should statements are not read in open court. (Habawel and
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Medina v. Court of Tax Appeals, G.R. No. 174459, A: YES. The Court does not see how the improper parking
September 7, 2011) by the driver could disrupt the speedy administration of
justice. It would cause the Judge inconvenience or
2. Indirect – One committed away from the court annoyance, but this does not fall under any of the acts for
involving disobedience of or resistance to a lawful writ, which a person could be cited for contempt. Neither does it
process, order, judgment or command of the court, or appear from the records, nor from the evidence presented,
tending to belittle, degrade, obstruct, interrupt or that the complainant intended any disrespect toward
embarrass the court. It is not summary in nature. (Sec. respondent Judge. (Nuñez v. Ibay, A.M. No. RTJ-06-1984, June
3, Rule 71, RRC) 30, 2009)

Two-fold aspect of Contempt Power (1998 BAR) Q: Balajadia filed a criminal case against Tan. In
paragraph 5 of the complaint-affidavit, Balajadia
1. The proper punishment of the guilty party for his appeared to have asserted that he is a "practicing
disrespect to the court or its order; and lawyer”. However, certifications issued by the Office of
2. To compel his performance of some act or duty required the Bar Confidant and the IBP showed that he has never
of him by the court which he refuses to perform. (People been admitted to the Philippine Bar. Hence, Tan filed a
v. Godoy, G.R. Nos. 115908-09, March 29, 1995) case against Balajadia, claiming that he is liable for
indirect contempt for misrepresenting himself as a
NOTE: The question of whether the contempt committed is lawyer. In defense, Balajadia claimed that the
civil or criminal does not affect the jurisdiction or the power allegation that he is a practicing lawyer was an honest
of a court to punish the same. (Halili v. CIR, G.R. No. L-24864, mistake. He stated that the secretary of Atty. Aquino
April 30, 1985) prepared the subject complaint-affidavit copying in
verbatim paragraph 5 of Atty. Aquino’s complaint-
A practicing lawyer and officer of the court facing contempt affidavit. It was inadvertently alleged that he was a
proceedings cannot just be allowed to voluntarily retire “practicing lawyer in Baguio City” which statement
from the practice of law which would negate the inherent referred to the person of Atty. Aquino and his law office
power of the court to punish him for contempt. (Montecillo address. Is Balajadia liable for indirect contempt?
v. Gica, G.R. No. L-36800 October 21, 1974)
A: NO. Balajadia never intended to represent himself as a
Q: Dela Cruz misrepresented himself as a lawyer in the lawyer to the public. It was a clear inadvertence on the part
application for habeas corpus of Gamido. What of the secretary of Atty. Aquino. The allegation that he is a
punishment should the court impose on Dela Cruz? practicing lawyer cannot, by itself, establish intent as to
make him liable for indirect contempt. (Tan v. Balajadia, G.R.
A: The Court declared him guilty of indirect contempt for No. 169517, March 14, 2006)
maliciously and falsely portraying himself as a member of Q: C and D are law partners using the firm name C and
the bar, appearing in court and filing pleadings. (In the D – Attorneys-at-Law. In an administrative case filed
Matter of the Application for Habeas Corpus of Maximino against C, the Supreme Court found that C was not
Gamido; Gamido v. New Bilibid Prison, G.R. No. 146783, July entitled to admission to the practice of law in the
29, 2002) Philippines and ordered his name stricken-off from the
Roll of Attorneys. As a result, C and D changed their firm
Q: At the start of the preliminary conference before the name to Law Office of D – Attorney-at-Law, C -
Supreme Court, Atty. Falcis failed to rise and manifest Counsellor, with C handling purely counselling and
his presence when appearances for petitioners were office work while D is the law practitioner. Are C and D
called. He also failed to rise during the initial round of liable for contempt of court? Explain your answer.
questioning by the Justices. When responding to them, (2014 BAR)
he failed to address them in keeping with customary
courtesies. Throughout the proceedings, he acted as A: YES. C and D are liable for indirect contempt. Indirect
though he was unprepared and without knowledge of contempt is committed away from the court involving
the decorum typical to appearing in court. Is Atty. Falcis disobedience of or resistance to a lawful order or judgment
guilty of direct contempt of court? of the court. Supreme Court found C not entitled to
admission to the practice of law. Although they changed the
A: YES. Atty. Falcis acted in a contumacious manner during firm name, C continued to practice law and D permitted it.
the preliminary conference. A person guilty of misbehaving Practice of law includes counselling or giving of advice or
in court and showing disrespect towards courts may be rendering any kind of service that involves legal knowledge.
punished for direct contempt. As an officer of the court, he
is duty bound to maintain towards this Court a respectful Q: The court ordered Atty. Z to testify as a witness for
attitude essential to the proper administration of justice. He his client in the case he is handling but he refused on
is charged with knowledge of the proper manner by which the ground that it would violate the rule on privileged
lawyers are to conduct themselves during judicial communication. Atty. Z is guilty of? (2014 BAR)
proceedings. His Lawyer’s Oath and the CPR exhort him to
maintain the requisite decency and to afford dignity to this A: Distinction should be made. If Atty. Z refuses to testify on
Court. (Falcis III v. Civil Registrar General, G.R. No. 217910, formal matters like mailing, authentication or custody of
July 3, 2018) documents, he can be cited for direct contempt (under
Section 1, Rule 71 of the Rules of Court) for refusal to be a
Q: A judge cited complainant, a driver at the witness. However, if the matter to be testified is substantial,
Engineering Department of the Makati City Hall, in he cannot be guilty of contempt or any violation of his duty
contempt for using the former’s parking space, and to the court based on Rule 12.08, CPR.
refused to accept the driver’s apology. Is the judge
administratively liable for grave abuse of authority in Q: Atty. Harry Roque, Jr., the counsel of the family of the
citing the driver for contempt of court? slain Jeffrey "Jennifer" Laude, 26-year old Filipino, who
was allegedly killed at a motel in Olongapo City by 19-
year old US Marine Private Joseph Scott Pemberton,
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was filed a disbarment complaint against after forcing A: NO. Respondents' threats were made before November
his and his clients' way inside the premises of the 4, 2014, and there was no proceeding to keep private.
Mutual Defense Board-Security Engagement Board and Where there are yet no proceedings against a lawyer, there
gained entry despite having been instructed by Military is nothing to keep private and confidential. An examination
Police personnel not to enter the compound. He filed a on the Press Statement made on November 4, 2014 also
Petition to Cite for Indirect Contempt against the reveals that it does not divulge anything that merits
respondents, alleging that the press statement of the punishment for contempt nor does it divulge any acts or
respondents was reported on, and generously quoted character traits on the part of petitioner that would damage
from by media, and he asserts that respondents' acts his personal and professional reputation. Its coverage of the
are contumacious violations of Section 18, Rule 139-B disbarment complaint was a brief, unembellished report
of the Rules of Court, to which the respondents that a complaint had been filed. Such an announcement
responded that the filing of the disbarment case was does not, in and of itself, violate the confidentiality rule,
not meant to malign petitioner as a lawyer but rather particularly considering that it did not discuss the
was a response to the events that transpired at Camp disbarment complaint itself. (Atty. Roque v. AFP Chief of
Aguinaldo. Is the respondents' public pronouncements Staff, G.R. No. 214986, February 15, 2017, as penned by J.
a violation of Section 18, Rule 139-B of the Rules of Leonen)
Court?

PRACTICAL EXERCISES

I. MOTION FOR EXTENSION OF TIME

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH #, VENUE

__________________________________,
Plaintiff, Civil Case No. _________________
For: __________________________
-versus-
__________________________________,
Defendant.
x ---------------------------------------------------------x

MOTION FOR EXTENSION OF TIME TO FILE ANSWER

COMES NOW the Defendant by undersigned counsel, and unto this Honorable Court respectfully states that:

1. Defendant was given by the Honorable Court fifteen (15) days from service of the summons or until (ORIGINAL
DATE) to submit an Answer in the above-entitled case;
2. Defendant is still in the process of gathering evidence including documents and testimonies of witnesses to be
incorporated to the Answer. Hence, Defendant respectfully requests that he be given additional fifteen (15) days or
until (REQUESTED DATE) to submit the Answer.
3. This motion is not intended for delay but solely due to the above stated reasons.

PRAYER

WHEREFORE, Defendant most respectfully prays that the Honorable Court GRANTS this Motion and give the defendant
additional fifteen (15) days or until (REQUESTED DATE) to submit his Answer and supporting documents, if any.

Other reliefs which are just and equitable are also prayed for.

(PLACE OF EXECUTION), Philippines, (DATE OF EXECUTION).

ATTY. (NAME OF COUNSEL)
Counsel for the Defendant
Address of Counsel on Record
Roll No._________
IBP No. ___________________
PTR No. ____________, issued on (DATE OF
ISSUANCE)
MCLE compliance Cert. No. ______

NOTICE OF HEARING

THE CLERK OF COURT
Court Branch
City/Municipality/ Province

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ATTY. (NAME OF OPPOSING COUNSEL)
Counsel for the Plaintiff

Greetings: Please take notice that the foregoing Motion for Extension of Time to File Answer shall be submitted for the
consideration and approval of the Honorable Court on (REQUESTED DATE), at (TIME) or as soon as counsel and matter may
be heard.

ATTY. NAME OF COUNSEL

EXPLANATION

The foregoing motion is being filed to the Honorable Court with copy theoreof furnished to other party by registered
mail due to distance of the undersigned to said other party, making personal filing and service thereof not practicable.

COPY FURNISHED:

NAME OF OPPOSING COUNSEL
Counsel for Plaintiff

II. MOTION TO DISMISS

BRANCH #, VENUE

__________________________________,
For: __________________________
-versus-
__________________________________,
Defendant.
x ---------------------------------------------------------x

MOTION TO DISMISS

COMES NOW the Defendant _____________ INC., through the undersigned counsel, appearing especially and solely for this
purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint on the following grounds:

[GROUNDS – (1) lack of jurisdiction over the subject matter; (2) prescription; (3) litis pendentia; and (4) res judicata]

DISCUSSION

(DISCUSSION)
PRAYER

WHEREFORE, it is respectfully prayed that the Complaint be dismissed for (ground).

Other reliefs just and equitable are likewise prayed for.


Roll No._________
IBP No. ___________________
ISSUANCE)


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NOTICE OF HEARING

THE CLERK OF COURT
Court Branch


Greetings: Please take notice that the foregoing Motion to Dismiss shall be submitted for the consideration and approval of
the Honorable Court on (REQUESTED DATE), at (TIME) or as soon as counsel and matter may be heard.


EXPLANATION


COPY FURNISHED:

Counsel for Plaintiff

III. MOTION TO DECLARE DEFENDANT IN DEFAULT

BRANCH #, VENUE

__________________________________,
For: __________________________
-versus-
__________________________________,
Defendant.
x ---------------------------------------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

COMES NOW the Plaintiff by counsel and unto this Honorable Court respectfully states that:

1. The records of the Honorable Court show that Defendant (NAME OF DEFENDANT) was served with copy of the
summons and of the complaint, together with annexes thereto on (DATE OF SERVICE);
2. Upon verification however, the records show that Defendant has failed to file his Answer within the reglementary
period specified by the Rules of Court despite the service of the summons and the complaint;

P R A Y E R

WHEREFORE, it is respectfully prayed that Defendant be declared in default pursuant to the Rules of Court and that
the Honorable Court proceed to render judgment as the complaint may warrant.

Other relief just and equitable are likewise prayed for.


Roll No._________
IBP No. ___________________
ISSUANCE)

2021 GOLDEN NOTES
111 2021 & 2022
Legal Ethics

NOTICE OF HEARING

THE CLERK OF COURT
Court Branch


Greetings: Please take notice that the foregoing Motion to Declare Defendant in Default shall be submitted for the
consideration and approval of the Honorable Court on (REQUESTED DATE), at (TIME) or as soon as counsel and matter may
be heard.


EXPLANATION


COPY FURNISHED:

Counsel for Defendant

IV. DEED OF ABSOLUTE SALE

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ____________________ ) S.S

DEED OF ASOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

(NAME OF SELLER), of legal age, single/married to (NAME OF SPOUSE, IF ANY), Filipino, and with residence and
postal address at (ADDRESS OF SELLER), hereinafter referred to as the SELLER

-AND-

(NAME OF BUYER), Filipino and with residence and postal address at (ADDRESS OF BUYER), hereinafter referred to
as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at (Address of
property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) containing a total area of (Land Area
of Property in Words) (000) SQUARE METERS, more or less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. XXXX

(Technical Description Of The Property On The Title) Example: A PARCEL OF LAND (Lot 20 Blk 54 of consolidation
subdivision plan (LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3,
Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071 situated in the
Bo. of San Donisio, Mun of Paranaque, Prov of Rizal, Is. of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22, on.to the point
of beginning; containing an area of (280) square meters more or less."

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property for
the amount of (AMOUNT IN WORDS) (₱ ______________) Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of (AMOUNT IN WORDS) (₱ ______________) Philippine
Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute

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Sale unto the said BUYER, his heirs and assigns, the certain parcel of land together with all the improvements found
thereon, free from all liens and encumbrances of whatever nature including real estate taxes as of the date of this sale.

____________________________ _____________________________
(NAME OF SELLER) (NAME OF BUYER)
Seller Buyer
WITH MARITAL CONSENT:

______________________________________ _____________________________________
NAME OF SELLER’S SPOUSE NAME OF BUYER’S SPOUSE
Seller's Spouse Buyer's Spouse

SIGNED IN THE PRESENCE OF:
_______________________ ______________________
WITNESS NO. 1 WITNESS NO. 2

ACKNOWLEDGMENT

CITY/MUNICIPALITY OF ___________ ) SS.

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared the
following persons, with their respective Community Tax Certificates as follows:

NAME C.T.C. NO. DATE / PLACE ISSUED
1. (NAME OF SELLER) _____________ ________________________
2. (NAME OF BUYER) _____________ ________________________

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to
me that the same are their free act and voluntary deed.

This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been signed
on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL on this ___day of __________________20__ at_______________.

__________________________________
NAME OF NOTARY PUBLIC
Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

V. LEASE CONTRACT


CONTRACT OF LEASE


This CONTRACT OF LEASE is made and executed at the City of _________, this day of _______________, 20____, by and between:

(NAME OF LESSOR), of legal age, single/married to (NAME OF SPOUSE, IF ANY), Filipino, and with residence and
postal address at (Address), hereinafter referred to as the LESSOR.

-AND-

(NAME OF LESSEE), Filipino and with residence and postal address at (ADDRESS), hereinafter referred to as
the LESSEE.
WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of
property to be leased);


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WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the
LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and shall
not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other purposes, the
LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be
renewed under such terms and conditions as may be mutually agreed upon by both parties, written notice of intention to
renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein
agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be in (AMOUNT IN WORDS) (P______________),
Philippine Currency. All rental payments shall be payable to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount
equivalent to the rent for THREE (3) MONTHS or the sum of (AMOUNT IN WORDS) (P______________), Philippine
Currency, wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one
(1) month deposit shall answer partially for damages and any other obligations, for utilities, such as Water, Electricity, CATV,
Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.

5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored,
the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises
when the LESSEE is in default of payment for ONE (1) MONTH and may forfeit whatever rental deposit or advances have been
given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in
whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person
or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other
public services and utilities during the duration of the lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning,
typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises
during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without
compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have
the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the
same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased premises to
prospective LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE
will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as
the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind.
Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to
accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) %
thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the
LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing
party shall pay an amount of ONE HUNDRED (100)% of the amount claimed in the complaint as attorney's fees which shall in
no case be less than FIFTY THOUSAND PESOS (₱50,000.00) in addition to other cost and damages which the said party may
be entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.

_____________________________ ______________________________
(NAME OF LESSOR) (NAME OF LESSEE)
Lessor Lessee


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_______________________ ______________________
ACKNOWLEDGMENT

CITY/MUNICIPALITY OF ____________ ) SS.

following persons, with their respective Community Tax Certificates as follows:

NAME C.T.C. NO. DATE / PLACE ISSUED
1. (NAME OF LESSOR) _____________ ________________________
2. (NAME OF LESSEE) _____________ ________________________


notarial seal.


__________________________________
Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

VI. SPECIAL POWER OF ATTORNEY


SPECIAL POWER OF ATTORNEY


I, (NAME OF PRINCIPAL), single/married to (NAME OF PRINCIPAL’S SPOUSE, IF ANY), of legal age, with residence
and postal address at (ADDRESS OF PRINCIPAL) do hereby APPOINT (NAME OF AGENT), single/married to (NAME OF
AGENT’S SPOUSE, IF ANY), likewise of legal age, with postal address at (ADDRESS OF AGENT) whose specimen signature
appears below, to be my true and lawful Attorney-in-fact, for me and in my name, place and stead, and for my own use and
benefit to do the following acts and deeds:

1. To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for me and in my name and
receive payment from the sale of my property more particularly described as follows: (Technical Description of the
Property on the Title)

HEREBY GIVING AND GRANTING unto my said Attorney-in-fact full power and authority to do and perform all and
every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and
purposes as I might or could lawfully do if personally present, and hereby ratifying and confirming all that my said attorney-
in-fact shall lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand at _____________, this ___ day of _______________, 20___.

______________________________________ _________________________________
(NAME OF PRINCIPAL) (NAME OF AGENT),
Principal Attorney-In-Fact

_______________________ ______________________

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SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant exhibiting to me his/her
________________ issued on ________________ and expiring on ________________.

__________________________________
Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

ACKNOWLEDGMENT

CITY/MUNICIPALITY OF ____________ ) SS.

following persons:


notarial seal.


__________________________________
Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

VII. JUDICIAL AFFIDAVIT

BRANCH #, VENUE

__________________________________,
For: __________________________
-versus-
__________________________________,
Defendant.
x ---------------------------------------------------------x

This Judicial Affidavit of (NAME OF AFFIANT) is executed to serve as his/her direct testimony in the instant case. This
Judicial Affidavit is being offered to prove: (1) All the allegations in the ______________________, including all annexes appended
thereto and which he/she respectfully requests to be marked as exhibits in this case; and (2) All other related matters, facts
and circumstances relevant and material to this case.

This Judicial Affidavit was taken at the office of Atty. ________________ at ________________. Questions were propounded by
Atty. ________________ and these questions, asked in the English/Filipino language, known and can be understood by the affiant,
are numbered consecutively and each question is followed by the answer of the witness in the English/Filipino language.

QUESTIONS AND ANSWERS

Q1: Do you swear to tell the truth and nothing but the truth?

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A: I do.

Q2: Are you aware that you may face criminal liability for false testimony or perjury if you will not tell the truth?
A: Yes, I am.

Q3: Please state your name, age address and occupation.
A: I am ______________________, ___ years old, single/married, and residing at _____________.

Q4: Question.
A: Answer.

That this affidavit is being executed to attest to the truthfulness and veracity of the foregoing facts which are based on
my personal knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature at _____________, this ___ day of _______________, 20___.

______________________________
(NAME OF AFFIANT)
Affiant


__________________________________
Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

SWORN ATTESTATION CLAUSE

I, (NAME OF COUNSEL), of legal age, Filipino citizen, after having duly sworn to in accordance with law do hereby
depose and say:

1. That I am the counsel of record of the plaintiff/defendant in the above-entitled case;
2. That I personally conducted the foregoing judicial affidavit of the plaintiff/defendant (NAME OF CLIENT);
3. That I hereby certify that I faithfully recorded the questions I asked and the answer of the witness;
4. That I likewise certify that neither I, nor any person then present, coached the witness regarding the latter’s
answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature at _____________, this ___ day of _______________, 20___.

_________________________________________
(NAME OF COUNSEL)
Counsel for Plaintiff/Defendant


__________________________________
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;


2021 GOLDEN NOTES
117 2021 & 2022

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AMENDMENT amended (Sec. 3, Rule 10, 2019 Amendments to the

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JUDGMENTS AND FINAL ORDERS 3. There is an absence of any issue; or

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MOTION FOR NEW TRIAL (MNT) MOTION FOR RECONSIDERATION (MR)

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Fresh Period Rule or Neypes Rule PETITION FOR REVIEW

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1. Rules on Electronic Evidence, e.g. compliance with

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