AUSL Procedure and Professional Ethics

EXECUTIVE COUNCIL
JAYSON FRANCISCO JULIAN PAOLO FABROS LOUIE JOHN BAYON

Chairperson Operations Head Auditor
REA MAY HERMOSURA MA. ISIS DANIELLE VOLANTE CRISTOBAL RABINO

Vice Chairperson for Academics Secretary Creative Director
MIKYLA CORDERO TIMOTHY JAMES PACSON ARRIANE SANGALANG

Vice Chairperson for Administration Treasurer Volunteer Core Head
REMEDIAL LAW COMMISSION

MIDZFAR OMAR
Commissioner JESTER CONCEPCION
Subject Head, Criminal Procedure GENE CHRISTIAN ALEGRE
NOEL CAPULONG MHAREY ALMACHA
Deputy Commissioner JCHELLE DELIGERO ADRIAN ANTAZO
Subject Head, Civil Procedure ELEONOR ANTIQUIERA
JHAY SAR BARNUEVO
BRYAN DEL CASTILLO RIZEL BARSABAL
Subject Head, Provisional Remedies and AMABELLE CACATIAN
Special Civil Actions
CHARLENE CONCEPCION
MARVIN ERIC DELA CRUZ
AGATHA LOREN EDILLOR
JANELA CABUNGCAL
YVETTE DAWN GIANAN
Subject Head, Evidence
AIZEL ANGELIQUE HERNANDEZ
CLAUDINE FAE JAVIER
MARK BENEDICT FRANCISCO
Subject Head, Special Proceedings GENIRELL LECCIONES
MARC LESTER MAMURI
CHRISTINE JOY DAVID JOSEPH FERNAN PESIGAN
Subject Head, ADR and JUN PRECILLA
KatarungangPambaranggay ABDUL FAHAD SULTAN
CYDRICK VENTURANZA
Members
LEGAL AND JUDICIAL ETHICS COMMISSION

DONALD ADRIAN CASTILLO MA. ISIS DANIELLE VOLANTE
Commissioner Subject Head, Legal Ethics BIANCA CHIA CASTRO
GENI-PEARL CRYSTAL CAUILAN
PATRICIA MARIE ALONZO ESJAY ENRIQUEZ
Subject Head, Judicial Ethics PRECIOUS CLAIRE FORMAREJO
ARIANNE GARCIA
NICA CIELO LIBUNAO MA. DHELLTRIA GARNER
Subject Head, Legal Forms RAYMOND MEDINA
MARK JASON RELACION
Members
CENTER FOR LEGAL EDUCATION AND RESEARCH
ATTY. RODERICK M. VILLOSTAS
Director
ATTY. ANTONY J. PARREÑO

ATTY. LESTER NAZARENE V. OPLE
ATTY. RICKSON M. BUEVIAJE
Research Fellows
BRANDO DE TORRES
MARICAR ASUNCION
JAYSON GALAPON
Research Staff
PHILIPPINE COPYRIGHT
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ALL RIGHTS RESERVED © 2021-2022

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PRE-WEEK NOTES
DAY 2
A. REMEDIAL LAW
JURISDICTION
1. What are the different aspects of Jurisdiction?
Meaning How Conferred/Acquired

The power to hear and determine cases of
GR: Conferred by law.
the general class to which the proceedings in
Subject XPN: Jurisdiction of SC is not conferred
question belong and is conferred by the
Matter by law but Constitution [Sec. 5, Art. VIII,
sovereign authority which organizes the court
1987 Constitution]1
and defines its powers.
1. Plaintiff:
a. By the filing of the complaint; and
b. Timely payment of the correct docket
fees.
It is the legal power of the court to render 2. Defendant/Co-Defendant/3rd-4th-5th

Parties personal judgment against a party to an party Defendant
action or proceeding. a. Valid service of summons; or
b. Voluntary Appearance in Court.
3. Intervenor:
Upon the approval of the motion for
leave to intervene.
General Rule: Determined by the
allegations in the pleadings of the parties
that present the issues to be tried and
determined whether or not the issues
are of fact or of law
Power of the court to try and decide issues
raised in the pleadings of the parties or by XPN:
Issues
their agreement in a pre-trial order or those It may be conferred:
tried by the implied consent of the parties. 1. By stipulation of the parties, as when
in the pre-trial, the parties enter into
stipulations of facts and documents or
enter into an agreement simplifying the
issues of the case; or
2. By express or implied consent of the
1
Section 5. The Supreme Court shall have the following powers:
1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall
not exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in
all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
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parties, when issues not raised by the

pleadings are tried, such issues shall be
treated in all respects as if they had
been raised in the pleadings.
1. By the seizure of the property under

legal process, whereby it is brought into
Jurisdiction over the thing which is the actual custody of the law; or
Res
subject of the case. 2. As a result of the institution of legal
proceedings, in which the power of the
court is recognized or made effective.
Note: This applies only in criminal
Venue is jurisdictional in criminal cases. proceedings as venue is jurisdictional.
Territory The place where the crime was committed The offense must have been committed
determines not only the venue of the action or any one of its essential ingredients
but it is an essential element of jurisdiction. should have taken place within the
territorial jurisdiction of the court.
2. What is the Doctrine of Adherence to Jurisdiction or Continuity of Jurisdiction?
The Doctrine of Adherence to Jurisdiction or Continuity of Jurisdiction provides that jurisdiction,

once attached, cannot be ousted by subsequent happenings or events although of a character
which would have prevented jurisdiction from attaching in the first instance, and the court
retains jurisdiction until it finally disposes of the case. (Vda. De Ballesteros vs. Rural Bank of
Canaman, Inc., G.R. No. 176260, November 24, 2010)
3. Does Jurisdictional Estoppel apply to Jurisdiction over the person of the defendant?
No. The aspect of jurisdiction which may be barred from being assailed as a result of estoppel by
laches is jurisdiction over the subject matter.(Boston Equity Resources, Inc. vs. Court of Appeals,
G.R. No. 173946, June 19, 2013)
4. Discuss the Jurisdiction of Small Claims, Summary Procedure, and Barangay

Conciliation.
Jurisdiction Small Claims Cases Summary Procedure Barangay Conciliation

Actions for payment of 1. All cases of forcible All disputes between
money where the value of entry and unlawful parties actually residing in
the claim does not exceed detainer, irrespective the same city or
the jurisdictional amount of the amount of municipality for amicable
of P400,000 for MeTCs damages or unpaid settlement, EXCEPT the
and P300,000 for MTCCs, rentals sought to be following:
MTCS and MCTCs, recovered. Where
exclusive of interest and attorney‗s fees are Substantive Exceptions:
Civil Cases
costs. awarded, the same
shall not exceed a. Where one party is the
Note: Joinder of P20,000; government, or any
Claims. The plaintiff may subdivision or
join in a single statement 2. All other cases, except instrumentality thereof;
of claim one or more probate proceedings, b. Where one party is a
separate small claims where the total public officer or
against a defendant amount of the employee, and the
Bar Operations Commissions | 2

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provided that the total plaintiff‗s claim does dispute relates to the
amount claimed does not not exceed P100,000 performance of his
exceed the above (outside MM) or official functions;
jurisdictional amount. P200,000 (in MM), c. Offenses punishable by
exclusive of interest imprisonment
Actions covered are: and costs. exceeding one (1) year
a. purely civil in or a fine exceeding Five
nature where the Thousand Pesos
claim or relief (P5,000.00);
prayed for by the d. Offenses where there is
plaintiff is solely no private offended
for payment or party;
reimbursement of e. Where the dispute
sum of money; involves real properties
and located in different
b. the civil aspect of cities or municipalities.
criminal actions,
either filed before XPN to the XPN: the
the institution of parties thereto agree to
the criminal submit their differences to
action, or amicable settlement by an
reserved upon the appropriate Lupon;
filing of the
criminal action in f. Disputes involving
court, pursuant to parties who actually
Rule 111. reside in barangays of
different cities or
These claims may be: municipalities.
(MDE)
a. For Money owed XPN to the XPN: where
under the such barangay units adjoin
contracts of lease, each other and the parties
loan, services, thereto agree to submit
sale, or mortgage; their differences to
b. For liquidated amicable settlement by an
Damages arising appropriate Lupon;
from fault or
negligence, quasi- g. Such other classes of
contract, or disputes which the
contract; and President may
c. The determine in the
Enforcement of interest of Justice or
a barangay upon the
amicable recommendation of the
settlement or an Secretary of Justice.
arbitration award
involving a money Procedural Exceptions
claim pursuant to
Sec. 417 of RA a. Accused is under police
7160 (LGC). custody;
1. Violations of traffic b. Person has been
law, rules and deprived of personal
Criminal
regulations; liberty thus calling for a
Cases
2. Violation of the rental habeas corpus
law; proceeding;

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3. All other criminal c. Actions coupled with
cases where the provisional remedies;
penalty prescribed is d. Action barred by
imprisonment not prescription;
exceeding six (6) e. Labor disputes;
months, or fine not f. As determined by the
exceeding P1,000, or President in the
both, irrespective of interest of justice;
other imposable g. CARL disputes; and
penalties, accessory h. Those involving the
or otherwise, or of the traditions of indigenous
civil liability arising cultural community.
therefrom, provided,Notes
that in offenses In actions to annul
involving damage to judgment upon a
property through compromise, parties may,
criminal negligence, at any stage of the
RSP shall govern proceedings, agree in
where the imposable writing to have the matter
fine does not exceed in dispute decided by
P10,000. arbitration by either the
1. A civil case where the Punong Barangay or
plaintiff‗s cause of pangkat. Then,
action is pleaded in arbitrational hearings shall
the same complaint follow the order of
with another cause of adjudicative trials.
action subject to the
ordinary procedure; GR: No complaint, petition,
and action or proceeding
2. A criminal case where involving any matter within
the offense charged is the authority of the Lupon
necessarily related to shall be filed or instituted
another criminal case directly in court or any
subject to the government office for
ordinary procedure. adjudication.
Cases Not
Covered XPN:
1. There has been a
confrontation
between the
parties before the
Lupon chairman or
pangkat;and
2. No conciliation or
settlement has
been reached or if
a conciliation or
settlement is
reached, that it has
been repudiated by
the parties thereto.

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5. State the cases that fall within the exclusive original jurisdiction of the Regional Trial
Court.
By virtue of the BP 129, as amended as further amended by RA 11576, the Regional Trial Court
shall exercise exclusive jurisdiction:
a. Actions in which the subject of litigation is incapable of pecuniary estimation;

b. Actions which involve the title to, or possession of, real property, or any interest therein,
where the assessed value of the property involved exceeds P400,000, except forcible entry
and unlawful detainer;
c. In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds Two
Million Pesos (P2,000,000.00);
d. In all matters of probate, both testate and intestate, where the gross value of the estate
exceeds Two Million Pesos (P2,000,000.00);
e. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-
judicial functions;
f. In all other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or the value of the property in controversy
exceeds Two Million Pesos (P2,000,000.00);
g. In all civil actions and special proceedings falling within the exclusive original jurisdiction of a
Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided
by law;
h. Intra-corporate controversies under Sec. 5.2 of the Securities and Regulation Code (Special
Commercial Courts).
6. Determine the court’s jurisdiction on the following actions:
a. An action for foreclosure of mortgage where the mortgaged property’s assessed

value is P17,000.
Municipal Trial Court. As an action for foreclosure of mortgage is a real action, it is the
assessed value of the property which determines the court's jurisdiction. Considering that the
assessed value of the mortgaged property is only P17,000, the action falls within the
jurisdiction of the first level court. (Roldan vs. Barrios, G.R. No. 214803, April 23, 2018)
b. A complaint for quieting of title where the assessed value of the property involved
is P32,000 which is located in Candaba, Pampanga.
Regional Trial Court. An action for quieting of title falls under the second paragraph of Sec. 1,
Rule 63 (Declaratory Relief and Similar Remedies). Since an action for quieting of title
involves title to or possession of real property, it is the assessed value of the property which
determines the court's jurisdiction. Considering that the assessed value of the property
involved is P32,000 and it is located outside of Metro Manila, then it is the Regional Trial
Court which has jurisdiction. (Malana vs. Tappa, G.R. No. 181303, September 17, 2009)
c. An action filed on November 2, 2018 to recover the possession of a condo unit in

Pasig City being occupied by the defendant by mere tolerance of the plaintiff,
after the former ignored the last demand to vacate that was duly served upon and
received by him on August 1, 2017.
The instant action is an accionpubliciana considering that more than a year has lapsed from
the date of last demand. Thus, jurisdiction would depend on the assessed value of the
property. If the assessed value of the condo unit does not exceed P50,000.00, the
Metropolitan Trial Court has jurisdiction. On the other hand, if the assessed value exceeds
P50,000.00, the RTC has exclusive original jurisdiction over the action. (Penta Pacific Realty

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Corporation vs. Ley Construction and Development Corporation, G.R. No. 161589, November
24, 2014)
d. A criminal action charging the accused, a public officer who has a salary grade 30,
for violation of Sec. 5 in relation to Sec. (jj), Sec. 26(b), and Sec. 28 of RA 9165
(Comprehensive Dangerous Drugs Act of 2002).
Regional Trial Court. RA 9165 specifies the RTC as the court with the jurisdiction to
exclusively try and hear cases involving violations of the Comprehensive Dangerous Drugs Act
of 2002. (De Lima vs. Guerrero, G.R. No. 229781, October 10, 2017)
7. What will happen in an action involving real property where the assessed value is not
alleged in the initiatory pleading?
The action should be dismissed for lack of jurisdiction, for the trial court is not afforded the
means of determining its jurisdiction from the allegations of the pleading whether jurisdiction
over the subject matter pertains to it or to another court . (Cabling vs. Dangcalan, G.R. No.
187696, June 15, 2016)
8. Cassie, invoking the provisions of the Rule on Violence Against Women and their
Children, filed with the RTC of Manila designated as a Family Court a petition for
issuance of a Temporary Protection Order (TPO) against her husband, Kristoff.
Kristoff, in his opposition, raised the constitutionality of R.A. No. 9262 (Anti-VAWC
Law) arguing that the law authorizing the issuance of a TPO violates the equal
protection and due process clauses of the 1987 Constitution. Can the Family Court
rule on the constitutionality of R.A. No. 9262 despite being a special court of limited
jurisdiction?
Yes. Family Courts are special courts of the same level as Regional Trial Courts. In spite of its
designation as a family court, the RTC of Manila remains possessed of authority as a court of
general original jurisdiction to pass upon all kinds of cases whether civil, criminal, special
proceedings, land registration, guardianship, naturalization, admiralty or insolvency. (Garcia vs.
Drilon, G.R. No. 179267, June 25, 2013)
9. Tom filed a Complaint with the Shari'a District Court against the Municipality of
Tangkal, represented by Mayor Aamir, a Muslim, for recovery of possession and
ownership of a parcel of land. He alleged that he is the owner of the land, and that he
entered into an agreement with the Municipality of Tangkal allowing the latter to
"borrow" the land to pave the way for the construction of the municipal hall and a
health center building. The agreement allegedly imposed a condition upon the
Municipality of Tangkal to pay the value of the land within 35 years; otherwise,
ownership of the land would revert to Tom. Tom claimed that the Municipality of
Tangkal neither paid the value of the land within the agreed period nor returned the
land to him. Thus, he prayed that the land be returned to him. Does the Shari'a
District Court have jurisdiction over the case?
No. The Code of Muslim Personal Laws of the Philippines vests concurrent jurisdiction upon
Shari‘a district courts over personal and real actions wherein the parties involved are Muslims,
except those for forcible entry and unlawful detainer. It is clear from the title and the averments
in the complaint that Mayor Aamir was impleaded only in a representative capacity, as chief
executive of the local government of Tangkal. When an action is defended by a representative,
that representative is not -and neither does he become- a real party in interest. The person
represented is deemed the real party in interest; the representative remains to be a third party
to the action. To satisfy the requirement, it is the real party defendant, the Municipality of
Tangkal, who must be a Muslim. (Municipality of Tangkal vs. Balindong, G.R. No. 193340,
January 11, 2017)

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CIVIL PROCEDURE
10. Differentiate the kinds of civil actions and give an example.
Action in Personam Actions in Rem Actions Quasi in Rem

Nature Directed to a res Directed to a res but
Directed against a specific
which may be names a specific
defendant (specific person)
property or status of defendant and the
seeking to make such
the plaintiff seeking purpose of the action is to
defendant personally liable to
to bind any person subject the interest of the
pay a certain sum of money
who may have an defendant in the res to a
or to deliver property or to
interest in the res or lien or obligation
do or not to a particular act.
property. burdening the res.
To Particular person/s. The thing/rem itself. Particular person/s.
whom/what
the action is
directed
against
What is Where the action is in Jurisdiction over the res (or thing) is acquired
required to personam, that is, one either: (a) by the seizure of the property under
acquire brought against a person on legal process, whereby it is brought into actual
jurisdiction the basis of her personal custody of the law; or (b) as a result of the
liability, jurisdiction over the institution of legal proceedings, in which the
person of the defendant is power of the court is recognized and made
necessary for the court to effective.
validly try and decide the
case.
Whether Yes. No. Jurisdiction over the
acquisition of person of the defendant is
jurisdiction not required as long as
over the jurisdiction over the res is
person of the acquired.
defendant is
required
Requirement Service of summons upon the Not Not required. Similar to an
of summons defendants is essential in required.However, action in rem, in actions
order for the court to acquire summons must be quasi in rem, jurisdiction
jurisdiction over their served upon the over the person of the
persons. defendant not for the defendant is not a
purpose of vesting prerequisite to confer
the court with jurisdiction on the court
jurisdiction but provided that the court
merely for satisfying acquires jurisdiction over
the due process the res.
requirements.
Bound of Only upon the parties The whole world. Only upon the particular
judgment impleaded or their successors persons.
in interest.
11. Is it possible to convert an action in personam to an action in rem or quasi in rem?
Yes. If the defendant is a non-resident and, who remains beyond the range of the personal
process of the court and he refuses to come in voluntarily, the court never acquires jurisdiction
over the person at all. can validly hear the case. In converting an action in personam against a
non-resident defendant, to an action in rem or quasi in rem, jurisdiction over the res must be

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acquired by attachment. (Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corp., G.R. No.
172242, August 14, 2007)
12. What are the requisites for proper joinder of causes of action?
a. The party joining the causes of action shall comply with the rules on joinder of parties;
b. The joinder shall not include special civil actions or actions governed by special rules;
c. Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the
causes of action falls within the jurisdiction of said court and the venue lies therein; and
d. Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction (Totality Rule). (Sec. 5, Rule 2)
13. What is the importance of joinder of indispensable parties?
The joinder of indispensable parties is mandatory. The presence of indispensable parties is

necessary to vest the court with jurisdiction, which is the authority to hear and determine a
cause, the right to act in a case. Thus, the failure to implead an indispensable party to a suit
will render all the proceedings thereof null and void and prevent the judgment of the court
from attaining real finality. (De Santiago vs. Vilar, G.R. No. 225309, March 6, 2018)
14. Distinguish a necessary party from an indispensable party.
Necessary Parties Indispensable Parties

Definition A necessary party is one who is not On the other hand, an indispensable
indispensable but who ought to be party is a party-in-interest in interest
joined as a party if complete relief is without whom no final determination
to be accorded as to those already can be had of an action.
parties, or for a complete
determination or settlement of the
claim subject of the action.
Effect on The case may be finally determined The court cannot proceed without
Judgment in court, but the judgment therein him/them and any judgment
will not resolve the controversy. rendered will be considered null and
void.
Effect on the Those whose presence is necessary Those with such an interest that a
power of the to adjudicate the hole controversy final decree would necessarily affect
court to but whose interests are so far either right so that the court cannot
terminate separable that a final decree can be proceed without their presence.
the made in their absence without
Controversy affecting them.
Effect of If without justifiable cause, then, It warrants the dismissal of the
failure to the infirmity shall be deemed waiver complaint.
obey court of the claim against such party.
order to
implead the
party
15. Pedro filed an action to recover possession and ownership of a parcel of land
against Juan and Juana. During the pendency of the case, Pedro died but no
substitution by his heirs was effected. The trial court ruled in favor of the Heirs of
Pedro. Juan and Juana assert that the RTC’s decision was invalid for lack of
jurisdiction, since the heirs were not substituted for the deceased Pedro. Was the
trial court’s decision valid?

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Yes. The rule on the substitution of heirs is not a matter of jurisdiction but a requirement of
due process. Thus, when due process is not violated, as when the right of the representative or
heir is recognized and protected, non-compliance or belated compliance with the Rules cannot
affect the validity of a promulgated decision. Mere failure to substitute for a deceased plaintiff
is not a sufficient ground to nullify a trial court‘s decision. The alleging party must prove that
there was undeniable violation of due process (De la Cruz vs. Joaquin, G.R. No. 162788, July
28, 2005)
16. Radiopoor, Inc. extended a loan to Spouses Dizon in the amount of P800,000 as
evidenced by a Promissory Note. The Promissory Note states that "Any action to
enforce payment of any sums due under this Note shall exclusively be brought in
the proper court within the National Capital Judicial Region or in any place where
Radiopoor, Inc. has a branch/office, at its sole option." Due to Spouses Dizon’s
default, Radiopoor demanded payment of the whole remaining balance of the loan.
As the demands went unheeded, Radiopoor filed a Complaint for Sum of Money
before the RTC of San Mateo Rizal alleging that it has its branch in San Mateo. The
RTC dismissed the Complaint due to lack of jurisdiction since: (a) Radiopoor's
principal place of business is in Caloocan City; and (b) Spouses Dizon's residence is
in Porac, Pampanga, it has no jurisdiction over any of the party-litigants.
a. Rule on the propriety of the dismissal based on lack of jurisdiction.
The dismissal was not proper. The RTC confused the concepts of jurisdiction and venue
which are not synonymous with each other. Jurisdiction is defined as the authority to hear
and determine a cause or the right to act in a case. This is markedly different from the
concept of venue, which only pertains to the place or geographical location where a case is
filed.(Radiowealth Finance Company, Inc. vs. Pineda, G.R. No. 227147, July 30, 2018)
b. Was the venue properly laid in this case?
Yes. The venue stipulation in the Promissory Note is restrictive in nature, considering that it
effectively limits the venue of the actions arising therefrom to the courts of: (a) the National
Capital Judicial Region; or(b) any place where Radiopoor has a branch/office. In light of
Radiopoor's standing allegation that it has a branch in San Mateo, Rizal, it appears that
venue has been properly laid. (Radiowealth Finance Company, Inc. vs. Pineda, G.R. No.
227147, July 30, 2018)
c. If the venue was improperly laid, will this justify the dismissal of the complaint?
No, an improper venue is not a valid ground for dismissal. Under the Revised Rules of
Court, the defendant shall raise his or her affirmative defenses in his or her Answer on the
ground that the venue is improperly laid, else it is deemed waived. (Sec. 12, Rule 8)
17. Does a stipulation on the venue of an action preclude the parties from bringing a
case in other venues?
No, unless the parties are able to show that such stipulation is exclusive. In the absence of
qualifying or restrictive words, the stipulation should be deemed as merely an agreement or an
additional forum, not as limiting venue to the specified place. (Planters Development Bank vs.
Sps. Ramos, G.R. No. 228617, September 20, 2017)
18. What is a compulsory counterclaim, when should it be raised?
A compulsory counterclaim is one which, being cognizable by the regular courts of justice,
arises out of or is necessarily connected with the transaction or occurrence constituting the
subject matter of the opposing party‘s claim and does not require for its adjudication the

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presence of third parties of whom the court cannot acquire jurisdiction.A compulsory
counterclaim should be raised in the defending party‘s answer in the same action. Otherwise,
it shall be barred and deemed waived to his claim, unless otherwise allowed by the Rules.
(Sec 7, Rule 6; Sec 2, Rule 9)
19. Distinguish compulsory counterclaim and permissive counterclaim.
Compulsory Counterclaim Permissive Counterclaim

Nature It arises out of or is necessarily It does not arise out of or is it
connected with the transaction or necessarily connected with the
occurrence that is the subject subject matter of the opposing
matter of the opposing party‘s party‘s claim.
claim.
Manner of It shall be contained in the answer. It may be set up as an
allegation If not set up it shall be barred. independent action and will not
be barred if not contained in the
answer to the complaint.
Whether it is an It is not an initiatory pleading. It is an initiatory pleading.
initiatory
pleading
Certification Does not require certification Should be accompanied by a
against forum against forum shopping. certification against forum
shopping shopping.
Whether a A compulsory counterclaim that It must be answered by the
responsive merely reiterates special defenses party against whom it is
pleading is are deemed controverted even interposed otherwise, he may
required. without a reply.Issues raised in a be declared in default as to the
counterclaim are deemed counterclaim.The answer must
automatically joined by the be made within ten (10) days
allegations of the complaint, which from service.
need not be answered.
Whether the No requirement for the presence of May require for its adjudication
presence of third third parties whom the court the presence of third parties
parties is cannot acquire jurisdiction over for over whom the court cannot
required. its adjudication. acquire jurisdiction.
Whether the Does not require the payment of Requires the payment of docket
payment of docket fees. fees.
docket fees is
required
Effect of failure to Failure to answer is not a ground Must be answered by the party
answer to be declared in default. against whom it is interposed.
Otherwise, the party may be
declared in default.
Effect of failure to If not raised in the same action, it Failure to set it up in the same
set up or raise in shall be barred. action does not bar its filing.
the same action.
(Riano, The Civil Procedure: Bar Lecture Series, 2019, p 353-356)
20. What are the three (3) modes of Specific Denial?
a. Absolute Denial – done by specifying each material allegation of fact the truth of which a
party does not admit and, whenever practicable, setting forth the substance of the matters
upon which he relies to support his denial.

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b. Partial Denial – denial of only a part of an averment. It is done by specifying so much of the
material allegation of ultimate facts as is true and material, then denying only the
remainder.
c. Denial by Disavowal of Knowledge – done by stating in the answer that one is without
knowledge or information sufficient to form a belief as to the truth of a material averment
made in the complaint.
Note:It is settled that denials based on lack of knowledge or information of matters

clearly known to the pleader, or ought to be known to it, or could have easily been
known by it are insufficient, and constitute ineffective or sham denials. (Fernando Medical
Enterprises vs. Wesleyan University, G.R. No. 207920, January 20, 2016)
21. Joyce filed a complaint before the RTC in the name of Clive. However, it was Joyce
who executed the verification and certification of forum shopping, alleging that she
was Clive’s attorney-in fact, pursuant to a Special Power of Attorney (SPA). May the
complaint filed by Joyce be considered compliant with the rule requiring a valid
certification against forum shopping?
Yes. An SPA was constituted precisely to authorize the agent to file and prosecute on behalf of
the principal, then it is such agent who has actual and personal knowledge whether he or she
has initiated similar actions or proceedings before various courts on the same issue on the
principal‘s behalf. Thus, the rule on the certification against forum shopping has been properly
complied with when it is Joyce, as attorney-in-fact, who initiated the action on behalf of Clive
and subsequently signed the certification against forum shopping. (Heirs of Gabriel vs. Cebrero,
G.R. No. 222737, November 12, 2018)
22. Kobe filed a Complaint for Sum of Money for a total amount of P600,000 against
Ricci alleging that the latter borrowed from him certain amounts of money. In his
Answer, Ricci specifically denied his indebtedness to Kobe and claimed that it was
the latter who owed him P500,000.00, as evidenced by a receipt. The receipt reads:
June 13, 2003

I received a total amount of P500,000.
Signed
Kobe / Ricci
Kobe wanted to file a Reply to deny his alleged indebtedness to Ricci. May he be
allowed to file a Reply?
No. Under Sec. 10 of Rule 6 of the Revised Rules of Court, ―the plaintiff may file a Reply only
if the defending party attaches an actionable document to his or her answer.‖ In this case,
what is apparent is a mere written and signed acknowledgment that money was received.
There are no terms and conditions found therein from which a right or obligation may be
established. Hence, it cannot be considered an actionable document upon which an action or
defense may be founded. (Ogawa vs. Menigishi, G.R. No. 193089, July 9, 2012)
23. State the rules on non-compliance with the requirements on, or submission of
defective, verification and certification against forum shopping.
Certification against forum

Verification
shopping
Does not necessarily render the Generally not curable by its subsequent
pleading fatally defective. The court submission or correction thereof.
Effect and
may order its submission or
remedy
correction or act on the pleading if
the attending circumstances are such

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that strict compliance with the Rule

may be dispensed with in order that
the ends of justice may be served
thereby.
Deemed substantially complied with GR: Must be signed by all the plaintiffs
when one who has ample knowledge or petitioners in a case; otherwise,
to swear to the truth of the those who did not sign will be dropped
allegations in the complaint or as parties to the case.
petition signs the verification, and
when matters alleged in the petition XPN: Under reasonable or justifiable
have been made in good faith or are circumstances, however, as when all
true and correct. the plaintiffs or petitioners share a
common interest and invoke a common
cause of action or defense, the
Who signs
signature of only one of them in the
certification against forum shopping
substantially complies with the Rule.
XPN: If, however, for reasonable or

justifiable reasons, the party- pleader is
unable to sign, he must execute a
Special Power of Attorney designating
his counsel of record to sign on his
behalf.
(Heirs of Gabriel vs. Cebrero, G.R. No. 222737, November 12, 2018)
24. During trial, X did not object to the issues not previously raised in the pleadings.
However, X objected to the presentation of evidence of plaintiff Y on the ground
that it is not within the issues raised by the pleadings, may Y need to amend the
complaint to conform to the evidence?
No. When issues not raised by the pleadings are tried with the express or implied consent of
the parties, they shall be treated in all respects as if they had been raised in the pleadings. No
amendment of such pleadings deemed amended is necessary to cause them to conform to the
evidence. (Sec. 5, Rule 10)
Note: The amended rules provide that the issues not raised in the pleadings but tried with the
consent of the parties shall already be treated as if they had been raised in the pleadings and
as such, there no need to amend the pleadings to conform to evidence, as they are deemed
amended already.
25. What is the effect of the amendment on the original pleading?
An amended pleading supersedes the original one which it amends. However, admissions in
superseded pleadings may be received in evidence against the pleader, and claims or defenses
alleged therein not incorporated in the amended pleading shall be deemed waived. (Sec. 8,
Rule 10)
Note: The amended provision changes ―received‖ to ―offered‖ in evidence. This means that the
admissions in the superseded pleading may be offered, but not necessarily received in
evidence.

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26. When should a party file his or her responsive pleading?
Responsive Pleading Period to File

Natural person - 30 calendar days after service of
summons, unless a different period is fixed by the court
Answer to the Complaint Foreign private juridical entity

i. if it has a resident agent - 30 calendar days
ii. if no resident agent - 60 calendar days after receipt of
summons.
As a matter of right - 30 calendar days after service
Answer to Amended Complaint Not a matter of right - 15 calendar days after notice of
the order admitting the same.
Answer to Counterclaim or
20 calendar days from service.
cross-claim
Answer to Third (fourth, etc.)- 30 calendar days after service of summons, unless a
party Complaint different period is fixed by the court
Reply** 15 calendar days from service of the pleading.
Answer to Supplemental 20 calendar days from notice of the order admitting the
Complaint same, unless a different period is fixed by the court.
Counterclaim or cross-claim
Before judgment, with leave of court.
after answer
Omitted counterclaim or cross-
Before judgment, with leave of court.
claim
Answer to Complaint-in- 15 calendar days from notice of the order admitting the
Intervention same, unless a different period is fixed by the court.
10 calendar days from notice of the order, unless a
Bill of particulars
different period is fixed by the court.
Note: The amendment on the period to file a reply should be read with Rule 6, Sec. 10, on
the instances when a reply may only be filed. In which case, the period to file, if allowed,
under the amended rule was increased and qualified from 10 days to 15 calendar days.
27. Can a defendant file an extension to file an answer?
Yes. A defendant may, for meritorious reasons, be granted an additional period of not more
than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1)
motion for extension of time to file an answer. (Sec. 11(1), Rule 11)
28. Can a defendant file an extension to file any pleading other than an answer?
No. A motion for extension to file any pleading, other than an answer, is prohibited and
considered a mere scrap of paper. The court, however, may allow any other pleading to be
filed after the time fixed by these Rules. (Sec. 11(2), Rule 11)
29. State the rule in filing the motion for bill of particulars.
As to the timing of filing, before responding to a pleading, a party may move for a definite
statement or for a bill of particulars of any matter, which is not averred with sufficient
definiteness or particularity, to enable him or her properly to prepare his or her responsive
pleading. If the pleading is a reply, the motion must be filed within ten (10) calendar days
from service thereof.If the motion is granted, whether in whole or in part, the compliance
therewith must be effected within ten (10) calendar days from notice of the order, unless a
different period is fixed by the court.

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As to the effect when the order issued by the court is not complied with, the court may order
the striking out of the pleading or the portions thereof to which the order was directed, or
make such other order as it deems just.
As to the stay period to file responsive pleading, after service of the bill of particulars or of a
more definite pleading, or after notice of denial of his or her motion, the moving party may
file his or her responsive pleading within the period to which he or she was entitled at the
time of filing his or her motion, which shall not be less than five (5) calendar days in any
event.
30. A filed a case of sum of money against B. The summons was validly received by B
on January 1, 2021 then, on January 10, 2021, B filed a motion for bill of
particulars. By January 12, 2021, the Court denied the motion. B received an order
from the Court that the said motion is denied on January 15. When B should file
his answer?
B can file his answer within February 5, 2021. Under the rules, responsive pleading is
ordinarily need to be filed within 30 days from the receipt of summons. The adverse party
may file his responsive pleading within the period to which he was entitled at the time of
filing his motion which shall not be less than 5 days. (Sec. 5, Rule 12)
31. From the previous problem, if B filed the motion January 29, 2021 and the order
was received by B on the same day denying the same, when B should file his
answer?
B can file within his answer within February 3, 2021. Under the rules, the adverse party may
file his responsive pleading within the period to which he was entitled at the time of filing his
motion which shall not be less than 5 days.
32. What are the modes of filing pleadings and other court submissions?
The filing of pleadings and other court submissions shall be made by:
a. Submitting personally the original thereof, plainly indicated as such, to the court;
b. Sending them by registered mail;
c. Sending them by accredited courier; or
d. Transmitting them by electronic mail or other electronic means as may be authorized
by the Court in places where the court is electronically equipped.
In the first case, the clerk of court shall endorse on the pleading the date and hour of filing.
In the second and third cases, the date of the mailing of motions, pleadings, and other court
submissions, and payments or deposits, as shown by the post office stamp on the envelope
or the registry receipt, shall be considered as the date of their filing, payment, or deposit in
court.In the fourth case, the date of electronic transmission shall be considered as the dateof
filing.(Sec. 3, Rule 13)
33. When is there presumptive service?
There shall be presumptive notice to a party of a court setting if such notice appears on the
records to have been mailed at least twenty (20) calendar days prior to the scheduled date of
hearing and if the addressee is from within the same judicial region of the court where the
case is pending, or at least thirty (30) calendar days if the addressee is from outside the
judicial region. (Sec. 10, Rule 13)
34. When is a service deemed complete service? How can it be proven?

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Mode of Service Completeness of Service Proof of Service

Actual delivery. Written admission of the party
served, or the official return of
the server, or the affidavit of
Personal service
the party serving, containing a
statement of the date, place,
and manner of service.
Expiration of 10 calendar days after Affidavit of the person mailing
Service by ordinary mailing, unless the court otherwise stating the facts showing
mail provides compliance with Sec. 7 of this
Rule
Whichever date is earlier: Affidavit mentioned above and
a. Actual receipt by the addressee, or the registry receipt issued by
Service by registered
b. After five (5) calendar days from the mailing office.
mail
the date he or she received the
first notice of the postmaster
Whichever date is earlier: Affidavit of service executed
a. Actual receipt by the addressee, or by the person who brought
b. After at least two (2) attempts to the pleading or paper to the
Service by accredited
deliver by the courier service, or service provider, together with
courier.
c. Upon the expiration of five (5) the courier‘s official receipt or
calendar days after the first document tracking number.
attempt to deliver
At the time of the electronic transmission Affidavit of service executed
of the document, or when available, at the by the person who sent the e-
Electronic service
time that the electronic notification of mail, facsimile, or other
service of the document is sent. electronic transmission,
Upon receipt by the other party, as together with a printed proof
Service by facsimile
indicated in the facsimile transmission of transmittal.
transmission
printout.
Other electronic No specific rule.
means as may be
authorized by the
Court
International No specific rule.
Conventions.
35. How shall filing be proved?
The filing of a pleading or any other court submission shall be proved by its existence in the
record of the case.
Mode of Filing Proof of Filing (Sec. 16, Rule 13)

Written or stamped acknowledgment of its filing by the clerk of court
Filed personally
on a copy of the pleading or court submission.
1. Registry receipt; and
2. Affidavit of the person who mailed it, containing a full statement of
the date and place of deposit of the mail in the post office in a
Registered mail
sealed envelope addressed to the court, with postage fully prepaid,
and with instructions to the postmaster to return the mail to the
sender after ten (10) calendar days if not delivered
Affidavit of service of the person who brought the pleading or other
Accredited courier
document to the service provider, together with the courier‘s official
service.
receipt and document tracking number.
Electronic mail Affidavit of electronic filing of the filing party accompanied by a paper

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SCHOOL OF LAW
copy of the pleading or other document transmitted or a written or

stamped acknowledgment of its filing by the clerk of court.
If the paper copy sent by electronic mail was filed by registered mail,
paragraph (b) of this Section applies.
Other authorized Affidavit of electronic filing of the filing party accompanied by a copy of
electronic means. the electronic acknowledgment of its filing by the court.
36. In a proceeding in rem or quasi in rem, is service of summons upon the defendant
necessary to vest the court with jurisdiction?
No. In a proceeding in rem or quasi in rem, summons must be served upon the defendant
not for the purpose of vesting the court with jurisdiction but merely for satisfying the due
process requirements. (Biaco vs. Philippine Countryside Rural Bank, G.R. No. 161417,
February 8, 2007).
37. May a trial court acquire jurisdiction over the person of a defendant domestic
corporation by service of summons upon its mere employee?
No. When the defendant is a corporation, partnership or association organized under the laws
of the Philippines with a juridical personality, service may be made on the president,
managing partner, general manager, corporate secretary, treasurer, or in-house counsel of
the corporation wherever they may be found, or in their absence or unavailability, on their
secretaries.If such service cannot be made upon any of the foregoing persons, it shall be
made upon the person who customarily receives the correspondence for the defendant at its
principal office.
In case the domestic juridical entity is under receivership or liquidation, service of summons
shall be made on the receiver or liquidator, as the case may be.Should there be a refusal on
the part of the persons above mentioned to receive summons despite at least three (3)
attempts on two (2) different dates, service may be made electronically, if allowed by the
court. (Sec. 12, Rule 14)
38. X Corporation filed an action for damages against Y Corporation. The summons
was served by the sheriff and was received by Mau, Y Corporation’s Liaison
Officer. Mau received the summons upon telephone instruction of Tricia, Y
Corporation’s Corporate Secretary. Was there a valid service of summons?
Yes. There was constructive service of summons. Although there was no direct, physical
handling of the summons to the corporate secretary, the latter could at least be charged with,
which having constructively received the same, amounts to a valid service of summons. In so
receiving the summons, Mau did so in representation of the corporate secretary, who is one
of the officers competent to receive summons on behalf of a private juridical person. (Nation
Petroleum Gas vs. RCBC, G.R. No. 183370, August 17, 2015)
39. How may substituted service of summons be effected and what should be state?
If, for justifiable causes, the defendant cannot be served personally after at least three (3)
attempts on two (2) different dates, service may be effect:
a. By leaving copies of the summons at the defendant's residence to a person at least

eighteen (18) years of age and of sufficient discretion residing therein;
b. By leaving copies of the summons at the defendant's office or regular place of

business with some competent person in charge thereof. A competent person

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includes, but is not limited to, one who customarily receives correspondences for the
defendant;
c. By leaving copies of the summons, if refused entry upon making his or her authority
and purpose known, with any of the officers of the homeowners' association or
condominium corporation, or its chief security officer in charge of the community or
the building where the defendant may be found; and
d. By sending an electronic mail to the defendant's electronic mail address, if allowed by

the court. (Sec. 6, Rule 14)
40. Is there a period to effect service upon a defendant whose identity or

whereabouts are unknown?
Yes. Under the 2019 Revised Rules of Court, there is now a period of 90 calendar days from
the commencement of action. Additionally, if leave is granted, the order should specify a
reasonable time that is not less than 60 calendar days from notice within which the defendant
must answer. (Sec. 16, Rule 14)
41. Who is a person of suitable age and discretion?
A person of suitable age and discretion is one who has attained the age of full legal capacity
(18 years old) and is considered to have enough discernment to understand the importance
of a summons. Discretion" is defined as "the ability to make decisions which represent a
responsible choice and for which an understanding of what is lawful, right or wise may be
presupposed". Also, the person must have the "relation of confidence" to the defendant,
ensuring that the latter would receive or at least be notified of the receipt of the summons.
42. Cardo and Catriona were married. Sometime in 1991, Catriona left for the US due
to her alleged “irreconcilable differences” with Cardo. In 1992, she obtained a
divorce decree and subsequently married Ted in California. Cardo filed a petition
for the declaration of nullity of his marriage with Catriona. He also filed a Motion
for Issuance of Summons by Publication because Catriona, who already resided
abroad, could not be personally served with summons. The motion was granted
and the summons, along with a copy of the petition, was published in the San
Pedro Express. No answer was filed by Catriona and so the RTC granted the
petition, which decision had become final and executory. After more than seven
years, Catriona filed a petition for annulment of judgment before the CA, claiming
that the RTC Decision was rendered without jurisdiction. The CA granted the
petition for annulment, stating that Cardo should have also sent a copy of the
summons to Catriona’s last known address. For his part, Cardo lamented that the
RTC only ordered that the summons be published in a newspaper of general
circulation, which mode of service falls under the third mode of extraterritorial
service of summons and should be differentiated from the second mode which
requires publication and service by registered mail to the defendant’s last known
address. Is the CA correct?
No. If the RTC intended to direct extraterritorial service of summons under the second mode,
then it should have so indicated that the publication be complemented by sending a copy
thereof to the last known address of Catriona through registered mail. However, it clearly did
not. The RTC's call not to have a copy of the summons sent to Catriona's last known address
in addition to the publication of the summons is amply justified by the circumstances of this
case. It is undisputed that Catriona had left the Philippines and had been estranged from
Cardo as early as 1991. Catriona has been residing in San Diego, California, without any
showing that she had informed Cardo, or that Cardo knew, of her foreign address. It is quite

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understandable why it would have been futile, more so, logistically improbable, to have the
summons sent to Catriona's "last known address." At the very least, the publication of
summons should be considered as substantial compliance with the rules on service. (Arrieta
vs. Arrieta, G.R. No. 234808, November 19, 2018; Sec. 16, Rule 14)
43. Under what instances may the summons of a non-resident defendant who is not
found in the Philippines be effected upon him by extraterritorial service?
a. When the action affects the personal status of the plaintiffs;

b. When the action relates to, or the subject of which is property within the Philippines, in
which the defendant claims a lien or interest, actual or contingent;
c. When the relief demanded in such action consists, wholly or in part, in excluding the
defendant from any interest in property located in the Philippines; and
d. When the defendant non-residents‘ property has been attached within the Philippines
(Sec. 17, Rule 14; Banco do Brasil vs. Court of Appeals, G.R. No. 121576, June 16, 2000).
44. Anafiled a petition before the RTC, and prayed that Nina be ordered to surrender
to the Register of Deeds of Lucena City the owner's duplicate copy of a parcel of
land. Instead of filing an Answer, Nina filed an Omnibus Motion to Dismiss
including other grounds and that the RTC did not acquire jurisdiction over her
person as she was not able to receive summons Did the trial court acquire
jurisdiction over the defendant?
Yes. Under the 2019 Revised Rules of Court, raising the ground of lack of jurisdiction together
with other grounds shall be deemed as voluntary appearance. Thus, to effectively assail
jurisdiction, the defendant must only raise the ground of lack of jurisdiction. If he raises other
grounds, he is deemed to have submitted his person to the jurisdiction of the court. This rule
is now consistent with the rule on motion to quash information for lack of jurisdiction over the
person of accused. (Sec. 23, Rule 14)
45. Distinguish litigious motions with non-litigious motions.
Litigious Motions Non-Litigious Motions

Motions which the court may act upon without Motions that the court may act upon
prejudicing the rights of the party, wherein a without prejudicing the rights of the
hearing shall be based on the exercise of adverse parties, wherein such need not be
discretion by the court. set for hearing.
46. On what grounds may the court dismiss the case motu proprio?
a. Lack of jurisdiction over the subject matter (Sec. 1, Rule 9);

b. Litis Pendentia(Sec. 1, Rule 9);
c. Res Judicata (Sec. 1, Rule 9);
d. Prescription (Sec. 1, Rule 9);
e. When the plaintiff fails to appear on the date of the presentation of his evidence in chief
on the complaint (Sec. 3, Rule 17);
f. When the plaintiff fails to prosecute his action for an unreasonable length of time (Sec. 3,
Rule 17);
g. Failure to comply with the Rules or any order of the court (Sec. 3, Rule 17);
h. Summary Procedure. (Sec. 4, Revised Rules on Summary Procedure)
47. What are prohibited motions?
a. Motion to dismiss, except if the court has no jurisdiction over the subject matter, litis
pendentia, res judicata or prescription;
b. Motion to hear affirmative defenses ;
c. Motion for reconsideration of the court‘s action on affirmative defenses;

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d. Motion to suspend proceedings without TRO or Injunction order;

e. Motion for extension of time to file pleadings and affidavits or any other papers, except for
filing of an answer; and
f. Motion for postponement intended for delay, except if due to Acts of God, Force Majeure
or physical inability of the witness to appear and testify.
48. Briefly explain the situations of dismissal of actions under Rule 17 of the Rules of
Court.
a. Where a plaintiff requests the dismissal of the case before any responsive pleadings have
been served by the defendant. It is done through notice by the plaintiff and confirmation
by the court. The dismissal is without prejudice unless otherwise stated in the notice.
(Sec. 1, Rule 17)
b. Where a counterclaim has been pleaded by the defendant before the service on him or her
of the plaintiff‘s motion to dismiss. It requires leave of court, and the dismissal is generally
without prejudice unless otherwise declared by the court. (Sec. 2, Rule 17)
c. Dismissals due to the fault of the plaintiff such as failure to prosecute. The case is
dismissed either upon motion of the defendant or by the court motu proprio. Generally,
the dismissal is with prejudice unless otherwise declared by the court. (Sec. 3, Rule 17)
49. What is the effect of the failure of the parties and respective counsel to appear at
pre-trial, without valid justification?
Upon notification, failure of the plaintiff and his counsel to appear without valid cause shall
cause the dismissal of the action without prejudice unless the court declares that the
dismissal with prejudice. While a similar failure for the defendant and his counsel to appear
shall cause to allow the plaintiff to present his evidence ex-parte within 10 days from
termination of pre-trial and a judgment be rendered based on the evidence offered. (Sec. 5,
Rule 18)
50. What is an intervention?
It is a remedy by which a third party, not originally impleaded in the proceedings, becomes a
litigant therein for a certain purpose: to enable the third party to protect or preserve a right
or interest that may be affected by those proceedings . It is filed any time before rendition of
judgment by the trial court. (Sec. 2, Rule 19)
51. Who may intervene?
a. Those having a legal interest in the matter in litigation;

b. Those having legal interest in the success of either of the parties;
c. Those having an interest against both parties; or
d. A party that is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer thereof. (Sec. 1, Rule
19).
52. When does the court acquire the jurisdiction over the person of the intervenor?
The court acquires the jurisdiction over the person of the intervenor upon theapproval of the
motion to leave intervene. (Sec. 1, Rule 19)
53. What is the remedy of the party when the court denied the motion to intervene?
Intervention results in an interlocutory order ancillary to a principal action. Its grant or denial
is subject to the sound discretion of the court. Interlocutory orders, or orders that do not
make a final disposition of the merits of the main controversy or cause of action, are

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generally not reviewable. The only exception is a limited one, in that when there is no plain,
speedy, and adequate remedy, and where it can be shown that the court acted without, in
excess, or with such grave abuse of discretion that such action ousts it of jurisdiction. Thus,
certiorari may lie. (E.I. Dupont De Nemours and Co. vs. Francisco, G.R. No. 174379, Aug. 31,
2016).
54. What is the effect of dismissal of the original action on the complaint-in-
intervention?
It has been held that the simple fact that the trial court properly dismissed plaintiff‘s action
does not require dismissal of the action of the intervenor. An intervenor has the right to claim
the benefit of the original suit and to prosecute it to judgment. The right cannot be defeated
by dismissal of the suit by the plaintiff after the filing of the petition and notice thereof to the
other parties. (Metropolitan Bank and Trust Co. vs. Presiding Judge, RTC Manila, Br. 39, G.R.
No. 89909, September 21, 1990)
55. What is a subpoena?
It is a process directed to a person requiring him or her to attend and to testify at the hearing
or the trial of an action, or at any investigation conducted by competent authority, or for the
taking of his or her deposition.
56. How is a subpoena to detainees served?
It shall be served through the officer having the management of the jail or penal institution
where the inmate is detained.
57. Can subpoena be made aside from personal and substituted service?
Yes, the Supreme Court extended the service of subpoena in civil cases through electronic
mail, telephone calls (landline or mobile phones) or by short messaging service (SMS) (OCA
Circular no. 265-2016, December 1, 2016)
58. What are the grounds available to quash either subpoena ad testificandum and
subpoena duces tecum?
The witness fees and the kilometrage allowed under the Rules were not tendered when
subpoena was served.
59. What is the viatory right of the witness?
The viatory right of a witness refers to the right not to be compelled by subpoena to attend
the court hearing in a civil case if he resides more than 100 kilometers to the place where he
is to testify by the ordinary course of travel. (Sec. 10, Rule 21)
60. X filed a complaint against B. B, instead of filing an Answer, filed a motion to

dismiss. X, without prior leave, filed and served a notice to take deposition upon B
and upon the person to be deposed, and the deposition was subsequently taken.
Can such deposition be given probative value?
No. A deposition which did not comply with Sec. 1, Rule 23 of the Rules of Court may not be
given probative value. Here, the deposition should have been taken with leave of court since
the defendant has not yet served an answer. (Georg vs. Holy Trinity College, G.R. No.
190408, July 20, 2016)

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61. Before whom may deposition be taken within the Philippines?
a. Before any judge or notary public;

b. Before any person authorized to administer oaths, provided it is stipulated by parties in
writing
62. Before whom may a deposition be taken in foreign countries?
a. On notice before a secretary of embassy or legation, consul general, consul, vice

consul, or consular agent of the Republic of the Philippines;
b. Before such person or officer as may be appointed by commission or under letters
rogatory; or
c. Before any person authorized to administer oaths as stipulated in writing by the
parties. (Dulay vs. Dulay, G.R. No. 158857, November 11, 2005)
63. Where should the Motion to Terminate or Limit Examination in a deposition

pending action be filed?
It may be filed in the court in which the action is pending or in the Regional Trial Court of the
place where the deposition is being taken.
64. May the rules on taking deposition in civil cases be applied in criminal cases?
Yes, it may be applied suppletory as long as there is compelling reason, in the interest of
substantial justice and fairness.
65. What is the effect if a party failed to serve answers to interrogatories?
The court, on motion and notice, may strike out all or any part of any pleading of that party,
or dismiss the action or proceeding or any part thereof, or enter a judgment by default
against the party.
66. Inna filed a Complaint for Nullification of Mortgage, Foreclosure, Auction Sale, and
Certificate of Sale with Damages against Gahaman Bank. After Pre-Trial, Inna filed
a Motion for issuance of subpoena duces tecum and ad testificandum to require
Gahaman Bank’s officers to appear and testify as Inna’s initial witness during the
pre-scheduled hearing for her presentation of evidence in chief and to bring
documents relative to Inna’s loan with Gahaman Bank and all documents relative
to the extrajudicial foreclosure sale. Gahaman Bank opposed the motion on the
ground that they are adverse parties and hence, cannot be compelled to testify for
Inna. May the officers of Gahaman Bank be compelled to testify in favor of Inna?
No. Sec. 6, Rule 25 of the Rules provides that a party not served with written interrogatories
may not be compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal. Here, it does not appear that Inna served Gahaman Bank‘s
officers with written interrogatories. Thus, Gahaman Bank‘s officers may not be compelled to
testify in open court. (Afulugencia vs. Metrobank, G.R. No. 185145, February 5, 2014)
67. What is the period allowed for the plaintiff to adduce his/her evidence in support
of the complaint?
The plaintiff shall be allowed to present its evidence within a period of three (3) months or
ninety (90) calendar days.
68. A judge where the case is pending shall personally receive evidence adduced by
parties. When may a judge delegate the reception of such evidence to its clerk of
court who is a member of the bar?

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SCHOOL OF LAW
It may be delegated in default or ex parte hearings and in any case where the parties agree
in writing.
69. What are the requisites for postponement of trial on the ground of illness?
1. Presence of such party or counsel at the trial is indispensable

2. Character of his or her illness is such as to render his or her non-attendance excusable
70. When may a court still direct a reference to the commissioner, even if parties do
not consent to it?
1. When the trial of an issue of fact requires the examination of a long account either side
2. When taking of an account is necessary for the information of the court
3. When a question of fact, other than upon pleadings, arises
71. In a trial by commissioner, when should a party raise his/her objection for
grounds arising during the proceeding?
Except for objections on findings and conclusions on the Commissioner's report, objections on
grounds arising during the proceeding must be immediately raised by the party before the
Commissioner. If denied, the objection will be recorded so it may be raised again before the
court upon submission of the report. Otherwise, the court will not consider said objections.
72. What are the requisites for an intervention by a non-party in an action pending in
court?
a. Legal interest in the matter in controversy; or

b. Legal interest in the success of either of the parties; or
c. Legal interest against both; or
d. So situated as to be adversely affected by a distribution or other disposition of property in
the custody of the court or of an officer thereof;
e. Intervention will not unduly delay or prejudice the adjudication of the rights of original
parties;
f. Intervenor‘s rights may not be fully protected in a separate proceeding (Acenas II vs.
Court of Appeals, G.R. No. 107762, August 29, 1995; Sec. 1, Rule 19).
73. Carlos filed a complaint against Pedro in the RTC of Ozamis City for the recovery
of the ownership of a car. Pedro filed his answer within the reglementary period.
After Carlos has completed the presentation of his evidence, Pedro filed a
Demurrer to Evidence on the ground that under the facts proven and under the
law applicable to the case, Carlos is not entitled to the ownership of the car. The
RTC granted the demurrer and dismissed the complaint. Carlos appealed the order
of dismissal. The appellate court reversed the order and remanded the case to the
trial court. Thereafter, Pedro filed a motion with the RTC asking the latter to allow
him to present his evidence. Carlos objected to the presentation of evidence by
Pedro.
a. Should the RTC grant Pedro’s motion to present his evidence? Why?
No. The Rules provide that if the demurrer is granted by the trial court but on appeal, the
order of dismissal is reversed, the defendant shall be deemed to have waived his right to
present evidence. (Sec. 1, Rule 33; Radiowealth Finance Co. vs. Del Rosario, G.R. No.
138739, July 6, 2000)
b. Is the CA correct in remanding the case to the trial court? Why?

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No, the CA should have rendered judgment on the basis of the evidence submitted by
Carlos. The CA had sufficient evidence on record to decide the case. To add, a remand is not
only frowned upon by the Rules, it is also logically unnecessary on the basis of the facts on
record. (Radiowealth Finance Co. vs. Del Rosario, G.R. No. 138739 July 6, 2000)
74. Ernie filed a petition for guardianship over the person and properties of his father,
Ernesto. Upon receipt of the notice of hearing, Ernesto filed an opposition to the
petition. Ernie, before the hearing of the petition, filed a motion to order Ernesto
to submit himself for mental and physical examination which the court granted.
After Ernie's lawyer completed the presentation of evidence in support of the
petition and the court's ruling on the formal offer of evidence, Ernesto's lawyer
filed a demurrer to evidence. Ernie's lawyer objected on the ground that a
demurrer to evidence is not proper in a special proceeding. Was Ernie's counsel's
objection proper?
No. The Rule on demurrer to evidence is applicable to Special Proceedings. Moreover, Sec. 2
of Rule 72 of the Rules of Court provides that in the absence of special rules, the rules
provided for in ordinary actions shall be applicable, as far as practicable, to special
proceedings. (Oropesa vs. Oropesa, G.R. No. 184528, April 25, 2012)
75. What is the effect of the Revised Guidelines for Continuous Trial of Criminal Cases
to Demurrer?
Under the Revised Guidelines for Continuous Trial of Criminal Cases, the need to file a motion
for leave to file Demurrer remains, but it is now at the instance of the court.Part III, No.
13(d) of the Revised Guidelines specifically provides that after the prosecution has rested its
case, the court shall inquire from the accused his/her desire to move for leave of court to file
demurrer to evidence or to proceed with the presentation of his/her evidence. If the accused
orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve
the same. (A.M. No. 15-06-10-SC)
76. Distinguish Demurrer to Evidence in Civil and Criminal Cases
CIVIL ACTIONS CRIMINAL ACTIONS

1. Demurrer is a kind of a Motion to Dismiss. But is NOT a prohibited pleading
under the Rules on Summary Procedure.
2. The ground is insufficiency of evidence.
Similarities
3. Only available after the presentation of the evidence of the plaintiff or after
the prosecution rested its case.
4. Court may either grant or deny the demurrer.
More difficult to file because the Easier to file because the prosecution is
plaintiff is only required to present required to prove the guilt of accused
his case by preponderance of beyond reasonable doubt
evidence
If DENIED – defendant presents its If DENIED - distinguish whether there
evidence. Order of denial of had been prior leave of court (1) if with
demurrer is not appealable nor leave, accused may proceed with
Differences subject to petition for certiorari, presentation of his evidence; (2) if
prohibition or mandamus before without leave, accused can no longer
judgment present his evidence.
If GRANTED - the case is dismissed; If GRANTED - accused is acquitted; order

order of dismissal is a FINAL order, of acquittal is NOT appealable; otherwise,
hence appealable. it will be a violation of his right against
double jeopardy. XPN: Appeal can be had

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SCHOOL OF LAW
as to the civil aspect.
If plaintiff appeals and the appellate

court REVERSES - defendant is no
longer allowed to present evidence.
77. Distinguish Summary Judgment, Judgment on the Pleadings, and Judgment by

Default.
SUMMARY JUDGMENT JUDGMENT ON THE JUDGMENT BY DEFAULT

(RULE 35) PLEADINGS (RULE 34) (RULE 9)
Based on the pleadings, Based on the complaint and
depositions, admissions and Based solely on the pleadings. evidence, if presentation is
affidavits. required.
Generally available to the plaintiff,
Available to both plaintiff and Available to the claiming
unless the defendant presents a
defendant. party.
counterclaim.
The answer fails to tender an There is no issue because no
There is no genuine issue
issue or there is an admission of answer is filed by the
between the parties.
material allegations. defending party.
10-day notice required. 3-day notice required. 3-day notice rule applies.
Available in any action except for
May be interlocutory or on the declaration of nullity or annulment
On the merits.
merits. of marriage or legal separation
cases
Shall not be subject of an appeal
or petition for certiorari,
prohibition or mandamus.
78. May there be a partial summary judgment?
Yes. A partial summary judgment arises where a motion for summary judgment is filed, but
the trial court finds that judgment cannot be rendered upon the whole case or for all the
reliefs sought because there are controverted facts, in which case trial shall be conducted on
such controverted facts (Rule 35, Sec. 4). No appeal, however, may be taken from partial
summary judgment because a partial summary judgment is interlocutory. A partial summary
judgment shall be taken together with the judgment that the trial court may render in the
entire case after trial is conducted on the controverted facts. Hence, a partial summary
judgment cannot be enforced by execution if the entire case has not been resolved yet
(Province of Pangasinan vs. Court of Appeals, G.R. No. 104266, March 31, 1993)
(Agranzamendez 2018, Questions and Answer in Remedial Law, p. 214).
79. How to determine if a genuine issue of a material fact exists?
An issue of material fact exists if the answer or responsive pleading filed specifically denies
the material allegations of fact set forth in the complaint or pleading. If the issue of fact
"requires the presentation of evidence, it is a genuine issue of fact." However, if the issue
"could be resolved judiciously by plain resort" to the pleadings, affidavits, depositions, and
other papers on file, the issue of fact raised is sham, and the trial court may resolve the
action through summary judgment. (Olivarez Realty Corporation vs. Benjamin Castillo, G.R.
No. 192651, July 9, 2014, J. Leonen)

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80. May the court motu proprio render judgment on the pleadings?
Yes. Under Sec. 2 of Rule 34, the court may motu proprio or on motion render judgment on
the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party‘s pleadings.
81. What is the difference between an “interlocutory order” and a “final order”?
Interlocutory Order Final Order

The word interlocutory refers to something ―Final‖ judgment or order is one that
intervening between the commencement and the finally disposes of a case, leaving nothing
end of the suit which decides some point or more to be done by the Court in respect
matter but is not a final decision of the whole thereto.
controversy.
(Sps.Limso vs. Philippine National Bank, G.R. No. 158622, January 27, 2016, J. Leonen)
82. What are the remedies against FINAL JUDGMENTS, the period and grounds for
their filing?
Remedy When to file Grounds

Within the period for taking an appeal: 1. That the damages awarded
are excessive;
▪ Appeal by notice of appeal – within 15 2. That the evidence is
days from notice of the judgment or insufficient to justify the
final order appealed from decision or final order; or
▪ Appeal by record on appeal – within 30 3. That the decision or final
days from notice of the judgment or order is contrary to law
Motion for
final order appealed from. A record on (Sec. 1, Rule 37)
Reconsideration
appeal shall be required only (a) in
(Rule 37)
special proceedings; and (b) other
cases of multiple or separate appeals
(Sec. 3, Rule 40)
Notes:No motion for extension of time to

file a motion for reconsideration shall be
allowed.
Within the period for taking an appeal: 1. Fraud, accident, mistake or
excusable negligence
▪ Appeal by notice of appeal – within 15 a. which ordinary
days from notice of the judgment or prudence could not
final order appealed from have guarded against
▪ Appeal by record on appeal – within 30 and,
days from notice of the judgment or b. by reason of which,
final order appealed from. A record on such aggrieved party
appeal shall be required only (a) in has probably been
Motion for New special proceedings; and (b) other impaired in his rights;
Trial (Rule 37) cases of multiple or separate appeals or
(Sec. 3, Rule 40) 2. Newly-discovered evidence
a. which the aggrieved
Notes:No motion for extension of time to party could not, with
file a motion for new trial shall be allowed. reasonable diligence,
(Sec. 2, Rule 40; Sec. 3, Rule 41) have discovered and
produced at the trial,
and
b. which, if presented,
would probably alter

ARELLANO UNIVERSITY
SCHOOL OF LAW
the result (Sec. 1, Rule

37)
1. Appeal from MTC to RTC (Rule 40) –
within 15 days (if by notice of appeal)
or within 30 days (if by record on
appeal)
2. Appeal from RTC to CA (Rule 41) –

same period as above.
▪ Ordinary Appeal
▪ Petition for Review
▪ Petition for Review on Certiorari
Note: In habeas corpus cases, the appeal

shall be taken within 48 hours from notice
of judgment or final order (Sec. 3, Rule 41).
3. Petition for Review from RTC to CA

(Rule 42) – within 15 days from notice
of the decision sought to be reviewed
or of the denial of petitioner‘s MNT or
MR.
Appeal
Notes:
▪ The court may grant an additional
period of 15 days only provided the
extension is sought (a) upon proper
motion; and (b) there is payment of the
full amount of the docket and other
lawful fees.
▪ No further extension shall be granted
except for the most compelling reason
and in no case to exceed 15 days.
4. Appeal by Certiorari to the Supreme

Court (Rule 45) – within 15 days from
notice of judgment, final order or
resolution appealed from (Sec. 2, Rule
45)
5. Other Appeals/Reviews
▪ Appeal from Quasi-Judicial bodies
(Rule 43) – within 15 days from
notice of judgment or final order
83. What are the remedies against EXECUTORY JUDGMENTS, the period and grounds
for their filing?
Remedy When to file Grounds

Petition for Relief Beyond the 15-day period but within 60 Fraud, accident, mistake or
from Judgment days from knowledge of the judgment and excusable negligence.
(Rule 38) within 6 months from entry of judgment.
Annulment of 1. If based on extrinsic fraud - within four 1. Extrinsic fraud or
Judgment or Final (4) years from its discovery. collateral fraud;

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Orders or 2. If based on lack of jurisdiction - before 2. Lack of jurisdiction over

Resolutions the action is barred by laches or the subject matter and
(Rule 47) estoppel (Sec. 2, Rule 47). over the person;
3. Denial of due process.
1. The petition shall be filed not later than Lack of jurisdiction or excess
sixty (60) days from notice of the of jurisdiction, or grave
judgment, order or resolution. abuse of discretion
Certiorari 2. In case a motion for reconsideration or amounting to lack or excess
(Rule 65) new trial is timely filed, whether such of jurisdiction.
motion is required or not, the sixty (60)-
day period shall be counted from notice
of the denial of said motion.
A collateral attack is done through an action Void judgments.
which asks for a relief other than the
Collateral attack
declaration of the nullity of the judgment
of a judgment
but requires such a determination if the
issues raised are to be definitively settled.
84. What is a nunc pro tunc judgment or order?
A judgment nunc pro tunc is made to enter into the record an act previously done by the
court, which had been omitted either through inadvertence or mistake. It neither operates to
correct judicial errors nor to "supply omitted action by the court." Its sole purpose is to make
a present record of a "judicial action which has been actually taken ." (Mercury Drug
Corporation vs. Sps. Huang, G.R. No. 197654, August 30, 2017)
85. CASAP, a union in PHIAL, filed a Complaintagainst PHIAL for unfair labor practice,
and illegal retrenchment before the Labor Arbiter. The Labor Arbiter ruled in favor
of CASAP. Aggrieved, PHIAL appealed to the NLRC, which reversed the LA’s
decision. CASAP went to the Court of Appeals. The CA affirmed the ruling of the
NLRC. PHIAL filed a Petition for Certiorari before the Supreme Court. The Supreme
Court granted the petition and held that PHIAL was guilty of illegal dismissal.
PHIAL filed a Motion for Reconsideration. It was denied. PHIAL filed its Second
Motion for Reconsideration. The Supreme Court denied with finality PHIAL’s
second motion for reconsideration. Thus, PHIAL sent a series of letters to the
Supreme Court. The Supreme Court then issued a resolution (a) recalling the
resolution denying the second motion for reconsideration and (b) ordering the re-
raffle of the case.
a. CASAP also argued that the second motion for reconsideration filed by PHIAL
is a prohibited pleading. Is the contention correct?
No. The rule prohibiting the filing of a second motion for reconsideration is by no means
absolute. Although Sec. 2, Rule 52 of the Rules of Court disallows the filing of a second
motion for reconsideration, the Internal Rules of the Supreme Court (IRSC) allows an
exception.The conditions that must concur in order for the Court to entertain a second
motion for reconsideration are the following, namely:
a. The motion should satisfactorily explain why granting the same would be in the
higher interest of justice;
b. The motion must be made before the ruling sought to be reconsidered attains finality;
c. If the ruling sought to be reconsidered was rendered by the Court through one of its
Divisions, at least three members of the Division should vote to elevate the case to
the Court En Banc; and

ARELLANO UNIVERSITY
SCHOOL OF LAW
d. The favorable vote of at least two-thirds of the Court En Banc‘s actual membership
must be mustered for the second motion for reconsideration to be granted.
b. CASAP argues that the Resolutions of the Supreme Court have already
become final, since a second motion for reconsideration is prohibited. Did the
Court’s action violate the doctrine of immutability of judgment?
No. The doctrine of immutability of decisions applies only to final and executory
decisions. Since the present case may involve a modification or reversal of a Court-
ordained doctrine or principle, the judgment rendered by the Special Third Division may
be considered unconstitutional, hence, it can never become final. A decision rendered by
a Division of this Court in violation of this constitutional provision would be in excess of
jurisdiction and, therefore, invalid. Any entry of judgment may thus be said to be
"inefficacious" since the decision is void for being unconstitutional. (FASAP vs. PAL, G.R.
No. 178083, March 13, 2018)
86. Explain the doctrine of immutability of judgment and its exceptions.
A judgment that has acquired finality becomes immutable and unalterable, and may no
longer be modified in any respect even if the modification is meant to correct erroneous
conclusions of fact or law and whether it will be made by the court that rendered it or by the
highest court of the land. Its exceptions are the following:
a. Correction of clerical errors;

b. Nunc pro tunc entries that cause no prejudice to any party;
c. Void judgments; and
d. Whenever circumstances transpire after the finality of the decision rendering its execution
unjust and inequitable. (Apo Fruits and Hijo Plantation vs. CA, G.R. No. 164195, April 5,
2011)
87. When is the execution of judgment is a matter of right?
a. Upon judgment or order that disposes of the action or proceeding;

b. Upon expiration of the period to appeal therefrom and no appeal has been duly perfected;
c. When appeal has been duly perfected and resolved with finality. (Sec. 1, Rule 39)
Execution shall issue as a matter of right upon motion. (Id.)
88. What is the nature of writ of execution?
A judicial writ issued to an officer authorizing him/her to execute the judgment of the
court.The issuance of the writ of execution is the ministerial duty of the court. Thus, it is
compellable by Mandamus, with the following exceptions:
a. Where the judgment turns out to be incomplete or conditional;

b. Judgment is novated by the parties (e.g., compromise);
c. Change in the situation of the parties which would render execution of judgment unjust;
d. Execution is enjoined (e.g., there is a preliminary injunction);
e. Judgment has become dormant; or
f. Execution is unjust or impossible.(Sonley vs. Anchor Savings Bank, G.R. 205623, August
10, 2016)
89. Is the decision on a compromise agreement final and executory?
Yes. A compromise agreement, once approved by final order of the court, has the force of res
judicatabetween the parties and should not be disturbed except for vices of consent or
forgery. Hence, a decision on a compromise agreement is final and executory and it has the

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force of law and is conclusive between the parties. It transcends its identity as a mere
contract binding only upon the parties thereto as it becomes a judgment that is subject to
execution in accordance with the Rules of Court. (Sonley vs. Anchor Savings Bank/Equicom
Savings Bank)
90. Enumerate the grounds to quash the writ of execution.
a. When the writ of execution varies the judgment;

b. When there has been a change in the situation of the parties making the execution
inequitable or unjust;
c. When execution is sought to be enforced against property exempt from execution;
d. When it appears that the controversy has never been submitted to the judgment of the
court;
e. When the terms of the judgment are not clear enough and there remains room for
interpretation thereof;
f. When it appears that the writ of execution has been improvidently issued; or
g. When it appears that the writ of execution is defective in substance, or is issued against
the wrong party or that the judgment debt has been paid or otherwise satisfied, or the writ
was issued without authority.
91. Enumerate the instances wherein judgments are immediately executory:
a. Injunction;
b. Receivership;
c. Accounting;
d. Support;
e. Other judgments declared to be immediately executory as ordered by the trial court. (Sec.
4, Rule 39)
92. Distinguish Revival of Judgment under Sec. 6 and in Sec. 34 of Rule 39.
Revival of Judgment Revival of Judgmentunder

under Sec. 6 Sec. 34
Nature An independent action A motion filed in court and not an
assigned with a new docket independent action.
number, requires the
payment of filing fees, and
assigned to a new court.
Assumptions Assumes that there is no Assumes that a judgment is
execution within the first five executed within the first five
years. years.
As to the party who filed The party who files the action The party who files the motion is
is the judgment creditor not the original judgment creditor
himself, or his assignee, or but the highest bidder in the
successor-in-interest. public auction sale.
Purpose of filing Filed due to lapse of the five- Filed because movant is deprived
year period. of the property purchased.
93. Explain the rule on execution in case of death or party.
In case of death of the judgment obligee, execution will issue upon the application of the
executor or administrator or successor-in-interest.
In case of death of judgment obligor:
BEFORE levy:

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SCHOOL OF LAW
a. Execution will issue if the action is for the recovery of real or personal property or any lien
thereon; and b. Execution will not issue if the action is for the recovery of a sum of money.
The judgment obligee must file a claim against the estate of the judgment obligor under Rule
86.
AFTER levy: Execution will continue even in money judgment. The property may be sold for
the satisfaction of the judgment obligation, and the officer making the sale shall account to
the corresponding executor or administrator for any surplus in his hands. (Sec. 7, Rule 39)
94. What is garnishment, and when is it proper?
It is an act of appropriation by the court when the property of a debtor is in the hands of a
third person. It is a species of attachment for reaching any property or credits pertaining or
payable to a judgment debtor.It is proper only when the judgment to be enforced is one for
payment of a Sum of Money. It cannot be employed to implement a special judgment such as
that rendered in a special civil action for mandamus. (National Home Mortgage vs. Alpajaro,
G.R. No. 166508, October 2, 2009)
95. What are the properties exempt from execution?
a. Family home, or homestead, land necessarily used in connection therewith;

b. Ordinary tools and implements used in trade, employment, or livelihood;
c. Three (3) horses, cows, carabaos, or other beast of burden necessarily used in his/her
ordinary occupation;
d. Necessary clothing and articles for ordinary personal use, except jewelry;
e. Household furniture and utensils necessary for housekeeping that has value not
exceeding P100K;
f. Provisions for individual or family use sufficient for 4 months;
g. Professional libraries and equipment;
h. One fishing boat and accessories value of which does not exceed P100K used in
livelihood;
i. Salaries, wages, or earnings as are necessary for support of family within 4 months
preceding levy;
j. Lettered gravestones;
k. Monies, benefits, privileges, or annuities accruing out of any life insurance; and
l. Properties specially exempt from execution. (Sec. 13, Rule 39)
Others in Special Laws:
a. Property mortgaged to DBP. (Section 26, C.A. 458);

b. Property taken over by Alien Property Administration. (Section 9[f], US Trading With The
Enemy Act);
c. Savings of national prisoners deposited with the Postal Savings Bank. (Act 2489);
d. Backpay of pre-war civilian employees. (R.A. 304);
e. Philippine Government backpay to guerillas. (R.A. 897);
f. Produce, work animals, and farm implements of agricultural lessees, subject to
limitations. (Section 21, R.A. 6389);
g. Benefits from private retirement systems of companies and establishments, with
limitations. (R.A. 4917);
h. Labor wages, except for debts incurred for food, shelter, clothing, andmedical
attendance. (Civil Code, Art. 1708);
i. Benefit payments from the SSS. (Section 16 R.A. 1161 as amended by P.D.s 24, 65, and
177);
j. Copyrights and other rights in intellectual property under the former copyright law. (P.D.
49 cf. Section 239.3, R.A. 8293);
k. Bonds issued under R.A. 1000. (NASSCO v. CIR G.R. No. L-17874, 31 August 1963)

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96. Sgt Yahon was married to Daisy Yahon. A Temporary Protection Order (TPO) has
been issued against Sgt Yahon to protect the respondent from further abuses. In
the TPO, Sgt Yahon was ordered to provide reasonable financial spousal support
to the respondent. It was also reiterated that Sgt Yahon should provide for the
financial spousal support to his wife from his retirement benefits. However, the
Armed Forces of the Philippines Finance Center argues that half of the retirement
benefits of Sgt Yahon cannot be given to Daisy as it is from a military institution.
AFP contended that money due to government employees is not liable to the
creditors of the said employees in the process of garnishment. Is the contention of
AFP correct?
No. Retirement benefits of Sgt Yahon are subject to the financial spousal support of
respondent. Based on Section 8(g) of R.A. 9262, the court has the power to direct the
employer to withhold the appropriate amount from the Respondent‘s salary and to
automatically remit the same to the woman, despite what other laws provide. The Supreme
Court ruled that Section 8(g) of R.A. 9262, which is a later law, should be understood to be
an exception to the general rule prohibiting garnishment of the government benefits. In
addition, the Supreme Court declared that the law‘s use of the term ―employer‖ applies to all
employers, whether private or government. (Republic of the Philippines vs. Daisy R. Yahon,
G.R. No. 201043, June 16, 2014)
97. What is terceria and its effects?
Terceria is a remedy available to a third person other than the judgment obligor or his agent
who claims a property levied on. A terceria may be filed at any time, so as long as the sheriff
has the possession of the property levied upon, or before the property is sold under
execution.
Its effect is that the officer shall not be bound to keep the property, unless the judgment
obligee, on demand the officer files an Indemnity Bond approved by the court to indemnify
the third party claimant in a sum not less than the value of the property levied on.In case of
disagreement as to the value of the property, the court issuing the writ shall determine the
same.The officer shall not be liable for damages to any third-party claimant if such bond is
filed by the judgment obligee for the taking or keeping of the property. (Fermin vs. Esteves,
G.R. No. 147977, March 26, 2008)
98. What are the periods to redeem property?
A. Judgment Debtor: Within one (1) year from the date of registration of the certificate of
sale.
B. Redemptioner:
a. Within one (1) year from the date of registration of the certificate of sale if he/she is the
first redemptioner; and
b. Within 60 days from the last redemption, if he/she is a subsequent redemptioner.
Note: The periods for redemption are not extendible or interrupted. The parties may,
however, agree on a longer period. In such case, it would be a conventional redemption.
(Lazo vs. Republic Surety & Insurance Co., G.R. No. L-27365, January 30, 1970)
99. After the lapse of five (5) years from the entry of a final and executory judgment
or order, may the judgment still be enforced?
Yes. Under the law, when there is no motion filed within five (5) years from entry of
judgment, the prevailing party may still move for the execution of a final and executory

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judgment by instituting a complaint for the revival of judgment in a regular court within 10
years from finality of judgment. (Heirs of Piedad vs. Bobilles, G.R. No. 208614, November 7,
2017)
100. Bank R filed a Complaint for Specific Performance against Mr. S to compel the
latter to execute and deliver the proper deed of sale in favor of Bank A. The RTC
ruled in favor of Bank A. Mr. S appealed to the Court of Appeals. During the
pendency of the appeal, Mr. S donated the subject property to his mother. His
mother then sold it to Mr. L. Due. Thus, Bank R filed a Complaint for Nullification
of Deed of Donation and Deed of Sale (Annulment Case). The CA and later on the
Supreme Court affirmed the decision of the RTC in the Specific Performance case
and on April 15, 1994, the decision ordering Mr. S to execute and deliver the
proper deed of sale in favor of Bank R attained finality. While the Annulment Case
was pending, Bank R moved to execute the decision in the Specific Performance
case on August 25, 2011. Mr. S opposed the motion contending that Bank R is
barred from executing the April 15, 1994 Decision by motion because of the lapse
of the five-year period. Discuss.
No. While a final and executory judgment may be executed by motion within five years from
the date of its entry or by an action after the lapse of five years and before prescription sets
in, the Court allows exceptions when execution may be made by motion even after the lapse
of five years. These exceptions have one common denominator: the delay is caused or
occasioned by actions of the judgment obligor and/or is incurred for his benefit or advantage.
Clearly, the delay in the execution of the decision was caused by the judgment obligor his
own advantage. Thus, the pendency of the Annulment case effectively suspended the five-
year period to enforce through a motion the decision. (RCBC vs. Serra, G.R. No. 203241, July
10, 2013)
101. What are the requirements in order that discretionary execution may issue?
The general rule is that only judgments which have become final and executory may be
executed. However, discretionary execution of appealed judgments may be allowed under
Sec. 2(a) of Rule 39 of the Revised Rules of Civil Procedure upon concurrence of the following
requisites:
a. There must be a motion by the prevailing party with notice to the adverse party;
b. There must be a good reason for execution pending appeal; and
c. The good reason must be stated in a special order. (Abenion vs. Pilipinas Shell Petroleum
Corporation, G.R. No 200749, February 6, 2017)

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CRIMINAL PROCEDURE
102. Distinguish Jurisdiction over the Subject Matter from Jurisdiction over the Person
of the Accused?
Subject Matter Person of the Accused
Determined by the allegations Acquired upon his:

in the complaint or information 1. Arrest or apprehension, with or without a warrant, or
2. Voluntary appearance or submission to the
jurisdiction of the Court.
Court must have jurisdiction Court must have authority/ jurisdiction over the person
over the offense charged. charged.
103. Is venue jurisdictional in Criminal cases?
Yes. It determines not only the place where the criminal action is to be instituted, but also
the court which has the jurisdiction to try and hear the case.
104. What is the rule for the injunction of criminal prosecution?
It is a long-standing doctrine that injunction will not lie to enjoin a criminal prosecution for
the reason that public interest requires that criminal acts be immediately investigated and
prosecuted for the protection of society except in specified cases among which are to prevent
the use of the strong arm of the law in an oppressive and vindictive manner, and to afford
adequate protection to constitutional rights. However, it has the following exceptions:
a. To afford adequate protection to the constitutional rights of the accused;

b. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of suits;
c. When there is a prejudicial question which is subjudice;
d. When the acts of the officer are without or in excess of authority;
e. When the prosecution is under an invalid law, ordinance or regulation;
f. When double jeopardy is clearly apparent;
g. When the court has no jurisdiction over the offense;
h. When it is a case of persecution rather than prosecution;
i. When the charges are manifestly false and motivated by lust for vengeance; and
j. When there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied. (Brocka vs. Enrile, G.R. No. 69863-65, December 10, 1990)
105. When is Preliminary Investigation required?
Preliminary Investigation is required to be conducted before the filing of a complaint or

information for offenses where the penalty prescribed by law is at least 4 years, 2months and
1 day without regard to fine.

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106. Distinguish Amendment and Substitution of Complaint or Information.
AMENDMENT SUBSTITUTION
Refers to the same offense charged Requires or presupposes that

in the original information or to an the new information involves
offense which necessarily includes a different offense which
or is necessarily included in the does not include or is not
original charge.Substantial necessarily included in the
amendments to the information original charge. The accused
Definition
after the plea has been taken cannot claim double
cannot be made over the objection jeopardy.
of the accused. If the original
information would be withdrawn,
the accused could invoke double
jeopardy.
May be made before or after the Any time before judgment,

When made defendant pleads. provided double jeopardy
has not attached.
Changes Formal or Substantial. Substantial.
If before plea, can be With Leave of Court.

Leave of Court
effectedwithout Leave of Court.
If only as to form, there is no need Preliminary investigation is

Preliminary for another preliminary entailed and the accused has
Investigation investigation and the retaking of to plead anew to the new
the plea of the accused. information.
It is sufficient when the second It is sufficient when the new

information involves the same information charges an
offense, or an offense which offense which is distinct and
Rule
necessarily includes or is different from that initially
necessarily included in the first charged.
information.
BEFORE the plea – 1. No judgment has yet been

a. Made without leave of court; rendered;
b. Upon motion by the prosecutor; 2. The accused cannot be
and, convicted of an offense
c. With notice to the offended party. charged or of any other
offense necessarily
GR:Without leave of court. included therein; and
3. The accused would not be
Requisites and XPN:When the amendment placed in double jeopardy.
Limitations downgrades the nature of the
offense charged or it excludes any
accused from the complaint or
information.
AFTER the plea –
a. Covers only Formal amendment;
b. Leave of court is obtained; and
c. Amendment is not prejudicial to
the rights of the accused.

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AMENDMENT SUBSTITUTION
GR:A substantial amendment is

proscribed after arraignment.
XPN: If the same is beneficial to

the accused.
(Ricarze vs. CA, G.R. No. 160451, February 9, 2007)
107. What is the rule on the implied institution of Civil Action?
When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense charged shall be deemed instituted with the criminal action. (Sec. 1, Rule
111)
108. What are the exceptions to such a rule?
a. When the offended party waives the civil action;

b. When the offended party reserves his right to institute a separate civil action; or,
c. When the offended party institutes a civil action prior to the criminal action.
109. When does a civil action may proceed independently?
An independent civil action comprising of Article 32, 33, 34 and 2176 of the New Civil Code,
may proceed independently of the criminal action and shall require only a preponderance of
evidence. In no case shall the offended party recover damages twice for the same act or
omission.
110. What are the criteria to determine whether the Sandiganbayan has jurisdiction?
a. What offense was committed?
1. RA 3019 (Anti-Graft and Corrupt Practices Act);

2. RA 1379 (An Act Declaring Forfeiture in favor of the State any Property found to have
been unlawfully acquired by any Public Officer or Employee and Providing for the
Proceeding Therefor);
3. Violation of EO 1, 2, 14, 14-A (PCGG Cases);
4. Bribery under RPC;
5. Estafa (Serana vs. Sandiganbayan, G.R. No. 162059, January 22, 2008);
6. Falsification (Ramiscal vs. Sandiganbayan, G.R. Nos. 169727-28 August 18, 2006)
b. Who committed the offense?
1. Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as Grade 27 and higher, of the Compensation and Position
Classification Act of 1989, specifically including:
a. Provincial governors, vice-governors, members of the sangguniangpanlalawigan and
provincial treasurers, assessors, engineers and other provincial department heads;
b. City mayors, vice mayors, members of the sangguniangpanlunsod, city treasurers,
assessors, engineers and other city department heads;
c. Officials of the diplomatic service occupying the position of consul and higher;
d. Philippine army and air force colonels, naval captains and all officers of higher rank;
e. Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent or higher;

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f. City and provincial prosecutors and the assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
g. Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations;
2. Members of the Congress and officials thereof classified as Grade 27 and up under the
Compensation and Position Classification Act;
3. Members of the judiciary without prejudice to the provisions of the Constitution;
4. Chairmen and members of Constitutional Commissions, without prejudice the provisions
of the Constitution;
5. All other national and local officials classified as Grade 27 and higher under the
Compensation and Position Classification Act.
c. How the offense was committed?
In criminal cases, Sandiganbayan shall have original jurisdiction where there are specific
allegations of facts showing that the offense was committed in relation to their office.
Otherwise, regular courts shall take cognizance in accordance to their vested jurisdictions.―In
relation to the public office‖ means that the public office must be an essential ingredient to
the commission of the offense or that the office facilitated the commission of the offense.
(Riano, Criminal Procedure, p. 55, 2016 ed.).
111. Can a case against an accomplice be dismissed solely on the ground that the case
against the principal was previously dismissed?
No. It is a settled rule that the case against those charged as accomplices is not ipsofacto
dismissed in the absence of trial of the purported principals; the dismissal of the case against
the latter; or even the latter‘s acquittal, especially when the occurrence of the crime has in
fact been established. it was held thatcorresponding responsibilities of the principal,
accomplice, and accessory are distinct from each other. As long as the commission of the
offense can be duly established in evidence, the determination of the liability of the
accomplice or accessory can proceed independently of that of the principal. (People vs.
Bayabos, G.R. No. 174786 February 18, 2015)
112. How to determine whether the Information may be quashed on the ground that
the facts charged do not constitute an offense?
In assessing whether the Information must be quashed on that ground, the basic test is to
determine if the facts averred would establish the presence of the essential elements of the
crime as defined in the law. The information is examined without consideration of the truth or
veracity of the claims therein, as these are more properly proven or controverted during the
trial. In the appraisal of the information, matters aliunde are not taken into account. (People
vs. Bayabos, G.R. No. 174786 February 18, 2015)
113. Anne, Mazell, Joana, together with Congressman Rex were charged as co-
conspirators for their respective participations in the illegal pillaging of public
funds sourced from the Priority Development Assistance Fund (PDAF) of
Congressman Rex. The Ombudsman issued a Resolution finding probable cause to
indict Congressman Rex for Plunder and for violation of Sec. 3(e) of RA 3019 or
the Anti-Graft and Corrupt Practices Act. The bases of the Ombudsman were (1)
the testimonies of Anne, Mazell and Joana; and (2) the testimony of a certain Clive
who lacked personal knowledge of the disbursement of the PDAF.Congressman
Rex seeks to annul the Resolution of the Ombudsman on two grounds: (1) the
Ombudsman cannot consider the testimonies of Anne, Mazell and Joana who
purportedly were his co-conspirators pursuant to the res inter alios acta rule; and

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(2) the testimony of Clive should not have been considered based on the hearsay
rule.
a. Did the Ombudsman err in considering the testimonies of Anne, Mazell and
Joana?
No. Technical rules of evidence are not binding on the Ombudsman during preliminary
investigation. Here, the co-conspirators statements were sought to be excluded based on the
res inter alios acta rule under Sec. 28, Rule 130 of the Rules on Evidence, which states that
the rights of a party cannot be prejudiced by an act, declaration, or omission of another,
unless the admission is by a conspirator under the parameters of Sec. 30 of the same Rule.
The foregoing rule constitutes a technical rule on evidence which should not be rigidly applied
in the course of preliminary investigation proceedings. (Cambe vs. Office of the Ombudsman,
G.R. Nos. 212014-15, December 6, 2016)
b. Did the Ombudsman err in considering the testimony of Clive?
No. Hearsay evidence is admissible in determining probable cause in a preliminary

investigation because such investigation is merely preliminary, and does not finally adjudicate
rights and obligations of parties. Thus, probable cause can be established with hearsay
evidence, as long as there is substantial basis for crediting the hearsay. (Estrada vs. Office of
the Ombudsman, G.R. Nos. 212140-41, January 21, 2015)
174. What is a prejudicial question and its elements?
Prejudicial question is an issue involved in a civil action which is similar or intimately related
to the issue raised in a criminal action, the resolution of which determines whether or not the
criminal action may proceed. Its elements are:
a. The civil action must be instituted prior to the criminal action;

b. The civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action; and
c. The resolution of such issue determines whether or not the criminal action may proceed.
(Sec. 7, Rule 111)
114. While driving along a street in Concepcion, Tarlac, Cesar Fontano, a known race
car driver, figured in an accident with an SUV driven by Jericho Morales and
owned by Arnulfo Clavio. Because of such incident, Cesar filed a criminal case
against Jericho for reckless imprudence resulting in damage to property. Jericho
and Arnulfo, however, filed a civil case against Cesar for quasi-delict. The MCTC of
Concepcion, Tarlac dismissed the civil case pursuant to the motion to dismiss filed
by Cesar on the ground of forum shopping. Jericho and Arnulfo moved to
reconsider such dismissal alleging that the civil case is an independent action
which can proceed independently of the criminal action, but to no avail. Should
the motion for reconsideration be granted?
Yes. Sec. 3 of the present Rule 111 expressly allows the ―offended party‖ to bring an
independent civil action under Articles 32, 33, 34 and 2176 of the Civil Code. This civil action
shall proceed independently of the criminal action and shall require only a preponderance of
evidence. Clearly, Sec. 3 of Rule 111 refers to the offended party in the criminal action, not to
the accused. Under paragraph 6, Sec. 1 of the present Rule 111, the accused is barred from
filing a counterclaim, cross-claim or third-party complaint in the criminal case. However, the
same provision states that ―any cause of action which could have been the subject (of the
counterclaim, cross-claim or third-party complaint) may be litigated in a separate civil action.‖
The present Rule 111 mandates the accused to file his counterclaim in a separate civil action
which shall proceed independently of the criminal action, even as the civil action of the

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offended party is litigated in the criminal action. To disallow the accused from filing a
separate civil action for quasi-delict, while refusing to recognize his counterclaim in the
criminal case, is to deny him due process of law, access to the courts, and equal protection of
the law. (Casupanan vs. Laroya, G.R. No. 145391, August 26, 2002)
115. What is a preliminary investigation?
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a

well-founded belief that a crime has been committed and the respondent is probably guilty
thereof and should be held for trial
116. Will the absence of Preliminary Investigation affect the validity of the
Information?
No. The right to a preliminary investigation is not a constitutional right, but is merely a right
conferred by statute. The absence of a preliminary investigation does not impair the validity
of the Information or otherwise render the same defective and neither does it affect the
jurisdiction of the court over the case or constitute a ground for quashing the Information.
(Serapio vs. Sandiganbayan, G.R. No. 148468, January 28, 2003)
117. Distinguish Complaint from Information.
Complaint Information
A complaint must be sworn, hence, under oath. Information requires no oath. It merely
requires that it be an accusation in writing.
This is so because the prosecutor filing the
information is acting under oath of his
office.
A complaint is subscribed by (1) the offended Information is subscribed by the

party; (2) any peace officer; (3) or other public prosecutor.
officer charged with the enforcement of the law
violated.
118. Distinguish Executive Determination of Probable Cause from Judicial

Determination of Probable Cause.
Executive Judicial
It is made by the public prosecutor, during a It is made by the judge to ascertain
preliminary investigation, where he is given broad whether a warrant of arrest should be
discretion to determine whether probable cause issued against the accused. In this respect,
exists for the purpose of filing criminal information the judge must satisfy himself that, on the
in court. Whether or not that function has been basis of the evidence submitted, there is a
correctly discharged by the public prosecutor, i.e., necessity for placing the accused under
whether or not he has made a correct custody in order not to frustrate the ends
ascertainment of the existence of probable cause in of justice. If the judge, therefore, finds no
a case, is a matter that the trial court itself does probable cause, the judge cannot be forced
not and may not be compelled to pass upon. to issue the arrest warrant.
(De Los Santos-Dio vs. Court of Appeals, G.R. No. 178947, June 26, 2013)
119. Is the action of the Secretary of Justice on Petition for Review subject to the
review of the courts?
Yes. As a rule, the action of the Secretary of Justice is not subject to the review of the courts
unless there is a showing that he committed a grave abuse of discretion amounting to an

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excess or lack of jurisdiction in issuing the challenged resolution. (Salapudin vs. Court of
Appeals, G.R. No. 184681, February 25, 2013, February 25, 2013)
120. May the DOJ Secretary exercise its power of review even after the filing of
information in court?
Yes. The justice secretary is not precluded from exercising his power of review over the
investigating prosecutor even after the information has already been filed in court. However,
the justice secretary‘s subsequent resolution withdrawing the information or dismissing the
case does not cause the court to lose jurisdiction over the case. In fact, the court is duty-
bound to exercise judicial discretion and its own independent judgment in assessing the
merits of the resulting motion to dismiss filed by the prosecution.(Heirs of Nestor Trias vs.
Obias. G.R. No. 175887, November 24, 2010)
121. What are the requisites for the appeal, or petition for review to the Office of the
President?
a. New and material issues are raised which were not previously presented before the DOJ;
b. The new and material matters were not ruled upon in the subject
decision/order/resolution, in which case the President may order the Secretary of Justice
to re-open or review the case;
c. That, the prescription of the offense is not due to lapse within six (6) months from notice
of the questioned resolution/order/decision; and
d. Provided further, that, the appeal or petition for review is filed within thirty (30) days
from such notice. (Tan, Criminal Procedure, p. 471, 2015)
122. When is an inquest required, and what is its purpose?
An inquest is required when the accused has been lawfully arrested without a warrant. Its
purpose is todetermine whether or not the person detained should remain under custody and
then charged in court. (Sec. 6, Rule 112, Rules of Court)
123. What are the requisites of a valid warrant of arrest?
1. It must be based upon probable cause

2. The probable cause must be determined personally by the judge
3. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce
4. It must particularly describe the place to be searched and the persons or things to be
seized. (Isagani A. Cruz and Carlo L. Cruz, Constitutional Law, 2015 Edition,p. 289)
124. What is a probable cause?
It is defined as such facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed by the person sought to be
arrested. (Ocampo vs.Abando, G.R. No. 176830, February 11, 2014)
125. When is warrantless arrest lawful?
A peace officer or private person may arrest without warrant:
a. When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense(in flagrante delicto);
b. When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has
committed it;

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c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another. (Sec. 5, Rule 113)
d. When an accused released on bail attempts to depart from the Philippines without
permission of the court where the case is pending. (Sec. 23, Rule 114)
126. What are the requisites of an arrest in flagrante delicto?
1. The person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; and
2. Such overt act is done in the presence or within the view of the arresting officer . (Willard
B. Riano, Criminal Procedure Bar Lecture Series, 2016 Edition, p. 232)
127. Ygan,a neighborhood tough guy, was arrested by a police officer on suspicion that
he was keeping prohibited drugs in his clutch bag. When Ygan was searched
immediately after the arrest, the officer found and recovered 10 sachets of shabu
neatly tucked in the inner linings of the clutch bag. At the time of his arrest, Ygan
was watching a basketball game being played in the town plaza, and he was
cheering for his favorite team. He was subsequently charged with illegal
possession of dangerous drugs, and he entered a plea of not guilty when he was
arraigned.
During the trial, Ygan moved for the dismissal of the Information on the ground
that the facts revealed that he had been illegally arrested. He further moved for
the suppression of the evidence confiscated from him as being the consequence of
the illegal arrest, hence, the fruit of the poisonous tree.
The trial court, in denying the motions of Ygan, explained that at the time the
motions were filed, Ygan had already waived the right to raise the issue of the
legality of the arrest. The trial court observed that, pursuant to the Rules of Court,
Ygan, as accused, should have assailed the validity of the arrest before entering
his plea to the Information. Hence, the trial court opined that any adverse
consequence of the alleged illegal arrest had also been equally waived. Is the
ruling of the court correct?
The trial court is correct in so far as Ygan is considered to have waived his objections to the
illegality of his arrest. Objections to the irregularity of arrest must be made before his
arraignment. Any irregularity attending the arrest of an accused should be timely raised in a
motion to quash the Information at any time before arraignment, failing in which, he is
deemed to have waived his right to question the regularity of his arrest
However, as regards the waiverof right to assail the illegal search, the court is not correct. A
waiver of an illegal arrest is not a waiver of an illegal search. While the accused has already
waived his right to contest the legality of his arrest, he is not deemed to have equally waived
his right to contest the legality of the search. Therefore, accused may still move for the
suppression of the evidence confiscated from him being the consequences of the illegal
arrest. (Villanueva vs. People, G.R. No. 199042, November 17, 2014, People vs. Cunanan,
G.R. No. 198024, March 16, 2015)
128. What are the four (4) mandatory policies to be observed in drug cases?
The following are the mandatory policies to be observed in drug cases:
1. In the sworn statements/affidavits, the apprehending/seizing officers must state

theircompliance with the requirements of Sec. 21 (1) of R.A. No. 9165, as amended, and
its IRR.

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2. In case of non-observance of the provision, the apprehending/seizing officers must state

the justification or explanation therefor as well as the steps they have taken in order to
preserve the integrity and evidentiary value of the seized/confiscated items;
3. If there is no justification or explanation expressly declared in the sworn statements or
affidavits, the investigating fiscal must not immediately file the case before the court.
Instead, he or she must refer the case for further preliminary investigation in order to
determine the (non) existence of probable cause; and
4. If the investigating fiscal filed the case despite such absence, the court may exercise its
discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss
the case outright for lack of probable cause in accordance with Sec. 5, Rule 112, Rules of
Court.
129. What are the grounds to quash the complaint or information?
The accused may move to quash the complaint or information onany of the following
grounds:
1. That the facts charged do not constitute an offense;

2. That the court trying the case has no jurisdiction over the offense charged;
3. That the court trying the case has no jurisdiction over the person of the accused;
4. That the officer who filed the information had no authority to do so;
5. That it does not conform substantially to the prescribed form;
6. That more than one offense is charged except when a single punishment for various
offensesis prescribed by law;
7. That the criminal action or liability has been extinguished;
8. That it contains averments which, if true, would constitute a legal excuse or justification;
and
9. That the accused has been previously convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise terminated without his express consent
(Sec. 3, Rule 117).
130. What are the effects of sustaining the motion to quash?
If the motion to quash is sustained, the court may order that another complaint or
information be filed except if the ground for sustaining the motion to quash is either the
extinguishment of the criminal liability or double jeopardy. If the order is made, the accused,
if in custody, shall not be discharged unless admitted to bail. If no order is made or if having
been made, no new information is filed within the time specified in the order or within such
further time as the court may allow for good cause, the accused, if in custody, shall be
discharged unless he is also in custody for another charge (Sec. 5, Rule 117).
131. What is the exception to the rule that sustaining the motion is not a bar to
another prosecution?
If the motion to quash is sustained, the court may order that another complaint or
information be filed except when the information is quashed on the ground of extinction of
criminal liability or double jeopardy (People vs. Odtuhan, G.R. No. 191566, July 17, 2013).
132. Distinguish Motion to Quash from Demurrer to Evidence.
Motion to Quash Demurrer to Evidence

A motion to quash is filed before the accused A demurrer to evidence is filed after the
enters a plea. prosecution rests its case; hence, it
presupposes that the accused has already
entered his plea.
It does not require a prior leave of court. It may be filed either with leave or without

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leave of court.
The ground for a motion to quash is generally The grounds for a motion to quash are not
based on the matters found on the face of the grounds for a demurrer to evidence. The sole
complaint or information. ground for demurrer is insufficiency of
evidence.
When a motion to quash is granted, a An order granting demurrer to evidence is a
dismissal of the case will not necessarily follow resolution of the case on the merits amounting
as the order sustaining the motion is generally to acquittal.
not a bar to another prosecution.
133. What is Bail?
Bail is the security given for the temporary release of a person who has been arrested and
detained but ―whose guilt has not yet been proven‖ in court beyond reasonable doubt.
(People vs. Escobar, G.R. No. 214300 July 26, 2017)
134. May a Petition for Bail be granted without hearing?
No. The Court has always stressed the indispensable nature of a bail hearing in petitions for
bail. Where bail is a matter of discretion, the grant or the denial of bail hinges on the issue of
whether or not the evidence on the guilt of the accused is strong and the determination of
whether or not the evidence is strong is a matter of judicial discretion which remains with the
judge. In order for the judge to properly exercise this discretion, he must first conduct a
hearing to determine whether the evidence of guilt is strong. This discretion lies not in the
determination of whether or not a hearing should be held, but in the appreciation and
evaluation of the weight of the prosecution's evidence of guilt against the accused. In any
event, whether bail is a matter of right or discretion, a hearing for a petition for bail is
required in order for the court to consider the guidelines set forth in Sec. 9, Rule 114 of the
Rules of Court in fixing the amount of bail. Even if the prosecution fails to adduce evidence in
opposition to an application for bail of an accused, the court may still require the prosecution
to answer questions in order to ascertain, not only the strength of the State's evidence, but
also the adequacy of the amount of bail. (Balanay vs. Judge White, A.M. No. RTJ16-2443,
January 11, 2016)
135. Is the filing of second petition for bail allowed under the present rules?
Yes. An accused may file a second petition for bail, particularly if there are sudden
developments or a ―new matter or fact which warrants a different view.‖ (People vs. Escobar,
G.R. No. 214300 July 26, 2017)
136. When the accused is entitled as a matter of right to bail, may the Court refuse to
grant him bail on the ground that there exists a high degree of probability that he
will abscond or escape? Explain.
No. If the bail is a matter of right, it cannot be denied on the ground that there exists a high
degree of probability that the accused will abscond or escape. What the court can do is to
increase the amount of bail. One of the guidelines that the judge may use in fixing a
reasonable amount of bail is the probability of the accused appearing in the trial. (Sec. 9(g)
Rule 114)
137. Is arraignment required before the court may grant a Petition for Bail?
No. The arraignment of an accused is not a prerequisite to the conduct of hearings on his
petition for bail. A person is allowed to petition for bail as soon as he is deprived of his liberty
by virtue of his arrest or voluntary surrender. An accused need not wait for his arraignment
before filing a petition for bail. (People vs. Escobar, G.R. No. 214300, July 26, 2017).

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138. When is bail a matter of right?
a. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court; and
b. Before conviction by the Regional Trial Court.
139. When is bail a matter of discretion?
a. Before conviction, in cases, where the offense charged is punishable by reclusion

perpetua; and
b. After accused‘s conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua or life imprisonment.
140. Is the inclusion of the summary of evidence for the prosecution required in the
court’s grant or refusal of bail? If yes, what is the effect of its absence?
Yes. The court‘s grant or refusal of bail must contain a summary of the evidence for the
prosecution, on the basis of which should be formulated the judge‘s own conclusion on
whether such evidence is strong enough to indicate the guilt of the accused. The summary
thereof is considered an aspect of procedural due process for both the prosecution and the
defense; its absence will invalidate the grant or the denial of the application for bail. (Narciso
vs. Sta. Romana-Cruz, G.R. No. 134504 March 17, 2000)
141. What is the quantum of evidence required for bail?
Clear and convincing evidence, or that amount of evidence that is highly and substantially
more probable to be true than not. (Hong Kong vs. Olalia, Jr., G.R. No. 153675, April 19,
2007)
142. Is an extraditee entitled to bail?
Yes. The grant of bail to an extraditee is absolutely within the sound discretion of the court.
The court took into consideration the new trends in international law, the law of nations to
which we are a signatory, etc.(Hong Kong vs. Olalia, Jr., G.R. No. 153675, April 19, 2007)
143. Is an Order of the trial court dismissing a criminal case on the ground of violation
of the constitutional right of the accused to speedy trial appealable? Explain.
No. A dismissal on the ground of the denial of the accused‘s right to a speedy trial will have
the effect of acquittal that would bar further prosecution of the accused for the same offense.
The Dismissal Order grounded on the denial of accused‘ right to speedy trial is a final order
that is not appealable and is immediately executory. (Bonsurbe, Jr. vs. Yerro, G.R. No.
205952 February 11, 2015)
144. May the court grant bail as a matter of right based on humanitarian grounds?
Yes. Bail for the provisional liberty of the accused, regardless of the crime charged, should be
allowed independently of the merits of the charge, provided continued incarceration is clearly
shown to be injurious to health or to endanger his life. Indeed, denying bail despite imperiling
health and life would not serve the true objective of preventive incarceration during the trial.
(Enrile vs. Sandiganbayan (Third Division), G.R. No. 213847 August 18, 2015)
145. What is the nature of the right to bail?
The right to bail is a constitutional right. The right to bail springs from the presumption of
innocence accorded to every accused upon whom should not be inflicted incarceration at the

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outset, since after the trial, he would be entitled to acquittal, unless guilt be established
beyond reasonable doubt (Paderanga vs. Court of Appeals, G.R. No. 115407, August 28,
1995).
146. What is the general rule when it comes to granting bail?
The general rule is that any person, before being convicted of any criminal offense, shall be
bailable, unless he is charged with a capital offense, or with an offense punishable with
reclusionperpetua or life imprisonment, and the evidence of his guilt is strong.Once it has
been established that the evidence of guilt is strong, no right to bail shall be recognized.
(Enrile vs. Sandiganbayan (Third Division), G.R. No. 213847, August 18, 2015)
147. What are the requisites for provisional dismissal in criminal cases?
a. The prosecution with the express conformity of the accused, or the accused, moves for a
provisional dismissal (sin perjuicio) of his case; or both the prosecution and the accused
move for its provisional dismissal;
b. The offended party is notified of the motion for a provisional dismissal of the case;
c. The court issues an Order granting the motion and dismissing the case provisionally; and
d. The public prosecutor is served with a copy of the Order of provisional dismissal of the
case. (Atty. Bonsubre, Jr. vs. Yerro, G.R. No. 205952, February 11, 2015)
148. What is the rule on Revival of Provisionally Dismissed Cases?
If the offense is punishable by imprisonment not exceeding six (6) years or a fine of any
amount or both, the provisional dismissal shall become permanent one (1) year after issuance
of the order without the case having been revived.If the offense is punishable by
imprisonment of more than six (6) years, the provisional dismissal shall become permanent
two (2) years after the issuance of the order without the case having been revived. (Sec. 8,
Rule 117)
149. Is promulgation of judgment in absentia in criminal cases allowed?
Yes. If the accused has been notified of the date of promulgation, but does not appear, the
promulgation of judgment in absentia is warranted. This is intended to obviate a repetition of
the situation when the judicial process could be subverted by the accused by jumping bail to
frustrate the promulgation of judgment. (Javier vs. Gonzales, G.R. No. 193150, January 23,
2017)
150. Can a motion for reconsideration be filed by the accused to assail a judgment of
conviction despite the fact that he did not appear in the promulgation of
judgment?
No. The filing of a motion for reconsideration to question a decision of conviction can only be
resorted to if the accused did not jump bail, but appeared in court to face the promulgation
of judgment. (Javier vs. Gonzales, G.R. No. 193150, January 23, 2017)
151. What is the effect of an acquittal rendered in grave abuse of discretion amounting
to lack or excess of jurisdiction?
An acquittal rendered in grave abuse of discretion amounting to lack or excess of jurisdiction

does not really ―acquit‖ and therefore does not terminate the case as there can be no double
jeopardy based on a void indictment. (Javier vs. Gonzales, G.R. No. 193150, January 23,
2017)

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152. What are the requisites for double jeopardy to attach?
a. a valid information sufficient in form and substance to sustain a conviction of the crime
charged;
b. a court of competent jurisdiction;
c. the accused has been arraigned and had pleaded; and
d. the accused was convicted or acquitted or the case was dismissed without his express
consent. (Chiok v. People, et al., G.R. No. 179814, December 7, 2015)
153. What are the requisites for the discharge of the accused as state witness?
a. Two or more accused are jointly charged with the commission of an offense;
b. The motion for discharge is filed by the prosecution before it rests its case;
c. The prosecution is required to present evidence and the sworn statement of each
proposed state witness at a hearing in support of the discharge;
d. The accused gives his consent to be a state witness; and
e. The trial court is satisfied that:
1. There is absolute necessity for the testimony of the accused whose discharge is
requested;
2. There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;
3. The testimony of said accused can be substantially corroborated in its material points;
4. Said accused does not appear to be the most guilty; and
5. Said accused has not at any time been convicted of any offense involving moral
turpitude. (Sec. 17, Rule 119)
154. Do private parties in a criminal proceeding have legal personality to file certiorari
petitions assailing trial court’s orders in a criminal case?
Yes. Offended parties in criminal cases have sufficient interest and personality as ―persons
aggrieved‖ to file a special civil action of prohibition and certiorari under Secs. 1 and 2 of Rule
65. That ruling was in line with the underlying spirit of adopting a liberal construction of the
Rules of Court in order to promote their object. (Javier vs. Gonzales, G.R. No. 193150
January 23, 2017)
155. Is x-ray scanning in ports an unreasonable search in itself?
No. Searches pursuant to port security measures are not unreasonable per se. The security
measures of x-ray scanning and inspection in domestic ports are akin to routine security
procedures in airports. (Dela Cruz vs. People, G.R. No. 209387, January 11, 2016)
156. What are the requisites for a valid customs search?
a. the person/s conducting the search was/were exercising police authority under customs
law;
b. the search was for the enforcement of customs law; and
c. the place searched is not a dwelling place or house (Dela Cruz vs. People, G.R. No.
209387, January 11, 2016)
157. Lala is a receiving clerk at the Docket Section of the National Prosecution Services
of the DOJ. Part of her job is to encode into the system cases which are filed with
the DOJ. She is aware that visiting website which contains pornographic materials
is prohibited in the workplace. However, one afternoon, she felt boredom to the
extent of visiting a prohibited webpage, i.e., a pornographic website. As she was
enjoying watching some graphical representations from such site, she did not

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notice that Ella, her co-worker, was watching her silently. As such, Ella reported it
to the head of the department. In response, Coney, the department head,
searched the computer of Lala despite the latter’s plea not to do it because she
alleged that such search was a violation of her right to privacy. As a result of the
search, Coney found some traces proving that Lala had indeed visited prohibited
websites. Did Coney’s search amount to violation of Lala’s right to privacy?
No. A search by a government employer of an employee‘s office is justified at inception when

there are reasonable grounds for suspecting that it will turn up evidence that the employee is
guilty of work-related misconduct. In one case, it was held that a government agency‘s
computer use policy prohibited electronic messages with pornographic content and in addition
expressly provided that employees do not have any personal privacy rights regarding their
use of the agency information systems and technology, the government employee had no
legitimate expectation of privacy as to the use and contents of his office computer, and
therefore evidence found during warrantless search of the computer was admissible. (Pollo
vs. Constantino-David, G.R. No. 181881, October 18, 2011)
158. What are the requisites for the issuance of a search warrant?
a. Probable cause is present;

b. Such probable cause must be determined personally by the judge;
c. The judge must examine, in writing and under oath or affirmation, the complainant and
the witnesses he or she may produce;
d. The applicant and the witnesses testify on the facts personally known to them; and
e. The warrant specifically describes the place to be searched and the things to be seized.
(Sec. 4, Rule 126)
159. Where is the venue for criminal actions under the Rule on Cybercrime Warrant?
Criminal actions under the Rule on Cybercrime Warrant shall be filed before the designated
cybercrime court of the province or city where the offense or any of the its elements is
committed, or where any part of the computer system used is situated, or where any of the
damage caused to a natural or juridical person took place; provided, that the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of the other courts. All
other crimes under the RPC and other special laws committed by or through the use of
Information and Communications Technology shall be filed before the regular court or other
specialized regional trial courts. (Sec. 2.1, A.M. 17-11-03-SC)
160. What is the period of effectivity of warrants under the Rule on Cybercrime
Warrants? Can it be extended?
It shall not exceed the period of ten (10) days from its issuance .The court issuing the warrant
may, upon motion, extend its effectivity based only on justifiable reasons, for a period not
exceeding ten (10) days from the expiration of the original period. (Sec. 2.5, A.M. 17-11-03-
SC)
161. Can a person be charged of Obstruction of Justice for non-compliance with the
orders from law enforcement authorities under the Cybercrime Prevention Act of
2012? If yes, where should it be filed?
Yes. Failure to comply with the provisions of Chapter IV, specifically the orders from law
enforcement authorities shall be punished under P.D. 1829.The criminal charge for
obstruction of justice shall be filed before the designated cybercrime court that has
jurisdiction over the place where the non-compliance was committed. (Sec. 2.7, A.M. 17-11-
03-SC)

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162. Under the Rule of Cybercrime Warrants, would it be possible to serve warrant and
court processes outside the Philippines?
Yes. For persons or service providers situated outside of the Philippines, service of warrants
and/or other court processes shall be coursed through the Department of Justice-Office of
Cybercrime. (Sec. 2.8, A.M. 17-11-03-SC)
163. What is a Warrant to Disclose Computer Data (WDCD)?
a. it is an order in writing;
b. issued in the name of the People of the Philippines;
c. signed by a judge upon application by the law enforcement authorities;
d. authorizing the latter to issue an order to disclose and accordingly, require any person or
service provider to disclose or submit subscriber‘s information, traffic data, or relevant
data in his/her or its possession or control. (Sec. 4.2, A.M. 17-11-03-SC)
164. When a computer device or computer system has been possessed through a lawful
warrantless arrest, may the law enforcement authorities search it without a
warrant?
No. Upon acquiring possession of a computer device or computer system via a lawful
warrantless arrest, or by any other lawful method, the law enforcement authorities shall first
apply for a warrant before searching the said computer device or computer system. Such
warrant shall be denominated as a Warrant to Examine Computer Data (WECD). (Sec. 6.9,
A.M. 17-11-03-SC)
165. Who are the other persons allowed to witness the destruction of the computer
data?
The accused, or the person/s from whom such items were seized, or his/her representative or
counsel, as well as the law enforcement officer allowed access to such items as indicated in
the inventory, or his/her duly authorized representative; provided that, they appear during
the scheduled date of destruction upon written notice to them by the Branch Clerk-of-Court at
least three (3) days prior to the aforementioned date. (Sec. 8.3, A.M. 17-11-03-SC)
166. What are Prohibited Motions under A.M. 15-06-10-SC or the Revised Guidelines
for Continuous Trial of Criminal Cases?
a. Motion for judicial determination of probable cause;

b. Motion for preliminary investigation filed beyond the 5-day reglementary period in inquest
proceedings, or when preliminary investigation is required, or allowed in inquest
proceedings and the accused failed to participate in the preliminary investigation despite
due notice;
c. Motion for re-investigation of the prosecutor recommending the filing of information once
the information has been filed before the court (1) if the motion is filed without prior
leave of court; (2) when preliminary investigation is not required; and (3) when the
regular preliminary investigation is required and has been actually conducted, and the
grounds relied upon in the motion are not meritorious;
d. Motion to quash information when ground is not one of those under Sec. 3, Rule 117;
e. Motion for bill of particulars that does not conform to Sec. 9, Rule 116;
f. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule
116;
g. Petition to suspend the criminal action based on prejudicial question, when no civil case
has been filed, pursuant to Sec. 7, Rule 111. (Sec. 2(b), III, A.M. No.15-06-10-SC)

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167. Krema filed a criminal complaint against Erika for qualified theft. After the
preliminary investigation, the investigating prosecutor found probable cause to
indict Erika of the crime charged. Subsequently, an Information for qualified theft
was filed against Erika before the Regional Trial Court of Manila. Before
arraignment, Erika filed a Motion for Judicial Determination of Probable Cause
with Prayer to Dismiss the Case Outright. This was opposed by the investigating
prosecutor. After hearing on the Motion, the RTC Judge issued an order dismissing
the case for lack of probable cause.
a. Was the dismissal proper?
No. A Motion for Judicial Determination of Probable Cause is a prohibited pleading under the
Revised Guidelines for Continuous Trial in Criminal Cases. Under this rule, a prohibited motion
shall be denied outright before the scheduled arraignment without need of comment and/ or
opposition. (Sec. 2(b), III, A.M. No.15-06-10-SC)
b. After the conduct of the arraignment and the pre-trial/preliminary conference,

should the RTC refer the case for mediation on the civil liability to the
Philippine Mediation Center (PMC) in accordance with the Revised Guidelines
for Continuous Trial in Criminal Cases?
No. Although certain criminal cases may be referred for mediation on the civil liability to the
Philippine Mediation Center (PMC), qualified theft is not one of those cases. Only simple theft
cognizable by first level courts shall be referred to mediation. (Sec. 9, Rule III, A.M. No.15-
06-10-SC)
168. When can there be archiving of criminal cases under A.M. 15-06-10-SC or the
Revised Guidelines for Continuous Trial of Criminal Cases?
A criminal case shall be archived only if, after the issuance of the warrant of arrest, the
accused remains at large for six (6) months from the delivery of the warrant to the proper
peace officer.Also, it can be archived when the proceedings are ordered suspended for an
indefinite period because:
a. The accused appear to be suffering from an unsound mental condition effectively

rendering him unable to fully understand the charge against him and to plead intelligently,
or to undergo trial, and he has to be committed to a mental hospital;
b. A valid prejudicial question in a civil action is invoked during the pendency of the criminal
case, unless the civil and criminal cases are consolidated;
c. An interlocutory order or incident in the criminal cases is elevated to, and is pending
resolution/decision for an indefinite period before a higher court which has issue a TRO or
writ of preliminary injunction; and
d. When the accused has jumped bail before arraignment and cannot be arrested by the
bondsman.
169. When may the accused enter a plea of guilty to a lesser offense?
The accused may enter a plea of guilty to a lesser offense in any of the following
circumstances:
a. At arraignment, the accused, with the consent of the offended party and the prosecutor,
may be allowed by the trial court to plead guilty to a lesser offense which is necessarily
included in the offense charged. After arraignment but before trial, the accused may still
be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty.
No amendment of the complaint or information is necessary (Sec. 2, Rule 116)

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b. Under Sec. 1(a), Rule 118 of the Rules of Court, the plea bargaining is one of the matters
to be considered during the pre-trial stage.
c. Plea bargaining may also be made during the trial proper and even after the prosecution
has finished presenting its evidence and rested its case. It is immaterial that plea
bargaining was not made during the pre-trial stage or that it was made only after the
prosecution already presented several witnesses (Daan vs. Sandiganbayan, G.R. Nos.
163972-77, March 28, 2008).
170. What is a searching inquiry?
The searching inquiry must determine whether the plea of guilt was based on a free and
informed judgment. Hence, it must focus on: (a) the voluntariness of the plea, and (b) the
full comprehension of the consequences of the plea. Although there is no definite and
concrete rule as to how a trial judge must conduct a "searching inquiry," we have held that
the following guidelines should be observed:
1. Ascertain from the accused himself (a) how he was brought into the custody of the law;
(b) whether he had the assistance of a competent counsel during the custodial and
preliminary investigations; and (c) under what conditions he was detained and
interrogated during the investigations. This is intended to rule out the possibility that the
accused has been coerced or placed under a state of duress either by actual threats of
physical harm coming from malevolent quarters or simply because of the judge's
intimidating robes.
2. Ask the defense counsel a series of questions as to whether he had conferred with, and
completely explained to, the accused the meaning and consequences of a plea of guilty.
3. Elicit information about the personality profile of the accused, such as his age, socio-
economic status, and educational background, which may serve as a trustworthy index of
his capacity to give a free and informed plea of guilty.
4. Inform the accused the exact length of imprisonment or nature of the penalty under the
law and the certainty that he will serve such sentence. For not infrequently, an accused
pleads guilty in the hope of a lenient treatment or upon bad advice or because of
promises of the authorities or parties of a lighter penalty should he admit guilt or express
remorse. It is the duty of the judge to ensure that the accused does not labor under
these mistaken impressions because a plea of guilty carries with it not only the admission
of authorship of the crime proper but also of the aggravating circumstances attending it,
that increase punishment.
5. Inquire if the accused knows the crime with which he is charged and fully explain to him
the elements of the crime which is the basis of his indictment. Failure of the court to do
so would constitute a violation of his fundamental right to be informed of the precise
nature of the accusation against him and a denial of his right to due process.
6. All questions posed to the accused should be in a language known and understood by the
latter.
7. The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty.
The accused must be required to narrate the tragedy or reenact the crime or furnish its
missing details (People vs. Pastor, G.R. No. 140208, March 12, 2002).
171. Discuss the rule on Improvident Plea?
As a general rule, convictions based on an improvident plea of guilt are set aside and the
cases are remanded for further proceedings if such plea is the sole basis of judgment. If the
trial court, however, relied on sufficient and credible evidence to convict the accused, as it did
in this case, the conviction must be sustained, because then it is predicated not merely on
the guilty plea but on evidence proving the commission of the offense charged. The manner
by which the plea of guilty is made, whether improvidently or not, loses legal significance
where the conviction can be based on independent evidence proving the commission of the
crime by the accused (People vs. Gambao, G.R. No. 172707, October 1, 2013).

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APPEAL
172. What are the modes of appeal from the decision of the Regional Trial Court?
a. By Ordinary Appeal, where judgment was rendered by the Regional Trial Court in the
exercise of its original jurisdiction, and is taken to the Court of Appeals on questions of
fact or mixed questions of fact and law.
b. By Petition For Review, where judgment was rendered by the Regional Trial Court in the
exercise of its appellate jurisdiction.
c. By Petition for Review onCertiorari to the Supreme Court. This mode is brought to the
Supreme Court from the decision of the Regional Trial Court in the exercise of its original
jurisdiction and only on questions of law.
173. The Ombudsman put Mayor Kenneth Salot under preventive suspension. Kenneth
filed a Petition for Certiorari before the Court of Appeals seeking the nullification
of the preventive suspension order. The Office of the Ombudsman filed a Motion to
Dismiss contending that the Court of Appeals has no jurisdiction over the petition
because under Sec. 14 of the Ombudsman Act, the decisions or findings of the
Ombudsman can only be appealed to the Supreme Court via Rule 45. Is the
contention tenable?
No. The second paragraph of Sec. 14 of the Ombusdman Act is unconstitutional because it
attempts to effectively increase the Supreme Court's appellate jurisdiction without its advice
and concurrence. As a consequence of this unconstitutionality, the Supreme Court has ruled
that Rule 65 petitions for certiorari against unappealable issuances of the Ombudsman should
be filed before the Court of Appeals, and not directly before the Supreme Court. (Carpio-
Morales vs. Court of Appeals, G.R. Nos. 217126-27, November 10, 2015)
174. What is the remedy of the aggrieved party in an application for land registration
before the MeTC in the exercise of its delegated jurisdiction?
The remedy would be an ordinary appeal to the Court of Appeals under Rule 41. Under Sec.
34 of B.P. 129, as amended, judgment of the MeTC in the exercise of its delegated
jurisdiction in the land registration cases shall be appealable in the same manner as decisions
of the RTC. Hence, an ordinary appeal to the Court of Appeals is the appropriate remedy.
175. As a general rule, the Supreme Court is not a trier of fact, and thus, only questions
of law may be raised, what are its exceptions?
a. When the conclusion is a finding grounded entirely on speculation, surmises or

conjectures.
b. When the inference made is manifestly mistaken, absurd or impossible;
c. Where there is a grave abuse of discretion;
d. When the judgment is based on a misapprehension of facts;
e. When the findings of fact are conflicting;
f. When the Court of Appeals, in making its findings, went beyond the issues of the case
and the same is contrary to the admissions of both appellant and appellee;
g. The findings of the Court of Appeals are contrary to those of the trial court;
h. When the findings of fact are conclusions without citation of specific evidence on which
they are based;
i. When the facts set forth in the petition as well as in the petitioner's main and reply briefs
are not disputed by the respondents; and
j. The finding of fact of the Court of Appeals is premised on the supposed absence of
evidence and is contradicted by the evidence on record. (Spouses Miano vs. Manila
Electric Company, G.R. No. 205035, November 16, 2016, J. Leonen)

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ANNULMENT OF JUDGMENTS (RULE 47)
176. Is Annulment of Judgment available to assail decisions of quasi-judicial bodies?
No. The remedy is not available to decisions of quasi-judicial bodies. Rule 47 limits its
application to Regional Trial Courts and Municipal Trial Courts. (Imperial vs. Armes, G.R. Nos.
178842 & 195509, January 30, 2017).
177. What are the grounds for annulment of judgment?
1. Extrinsic Fraud;
2. Lack of Jurisdiction over the person of the defending party or over the subject matter of
the claim; and
3. Denial of Due Process
178. What is the nature of extrinsic fraud as a ground for annulment of judgment?
Extrinsic or collateral fraud connotes any fraudulent scheme executed by a prevailing litigant
outside the trial of a case against the defeated party, or his agents, attorneys or witnesses,
whereby said defeated party is prevented from presenting fully and fairly his side of the case.
(Libudan vs. Gil, G.R. No. L-21163, May 17, 1972)
179. What are the periods provided by Rule 47 in filing an action?
a. If based on Extrinsic Fraud, the action must be filed within four (4) years from its
discovery.
b. If based on Lack of Jurisdiction, the action does not prescribe since the judgment is void.
c. If based on Denial of Due Process, the action does not prescribe. Lack of due process
renders the judgment void. (Sps. Benatiro vs. Heirs of Cuyos, G.R. No. 161220, July 30,
2008)
180. Describe the effects of judgment of annulment.
A judgment of annulment shall set aside the questioned judgment or final order or resolution
and render the same null and void, without prejudice to the original action being re-filed in
the proper court.However, where the judgment or final order or resolution is set aside on the
ground of extrinsic fraud, the court may, on motion, order the trial court to try the case as if
a timely motion for new trial had been granted therein.
SMALL CLAIMS
181. What is the scope of the rules of procedure for small claims?
It shall govern the procedure in actions before theMetropolitan Trial Courts, covering the
jurisdictional amount of Four Hundred Thousand Pesos (PhP400,000.00), and in Municipal
Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Court, covering the
jurisdictional amount of Three Hundred Thousand Pesos (PhP300,000.00), both exclusive of
cost and interest.
182. When do the rules apply?
The rules apply in all actions that are purely civil in nature where the claim or relief prayed
for by the plaintiff is solely for payment or reimbursement of sum of money. The claim or
demand may be:
a. For money owed under any of the following:

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1) Contract of Lease;
2) Contract of Loan;
3) Contract of Services;
4) Contract of Sale; or
5) Contract of Mortgage;
b. For liquidated damages arising from contracts;

c. The enforcement of a barangay amicable settlement or an arbitration award involving a
money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160 (The Local
Government Code of 1991). (Sec. 5, A. M. No. 08-8-7-SC)
183. What are the prohibited pleadings and motions in Small Claims cases?
a. Motion to dismiss the Statement of Claim/s;

b. Motion for a bill of particulars;
c. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension of time to file pleadings, affidavits, or any other paper;
f. Memoranda;
g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
h. Motion to declare the defendant in default;
i. Dilatory motions for postponement;
j. Reply and rejoinder;
k. Third-party complaints; and
l. Interventions. (Sec. 16, A. M. No. 08-8-7-SC)
184. What is the rule regarding the appearance of attorneys?
No attorney shall appear in behalf of or represent a party at the hearing,unless the attorney
is the plaintiff or defendant.If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court may, in its discretion, allow another
individual who is not an attorney to assist that party upon the latter's consent. (Sec. 19, A. M.
No. 08-8-7-SC)
185. What is the effect of the plaintiff's non-appearance?
Failure of the plaintiff to appear shall be cause for the dismissal of the Statement of Claim/s
without prejudice. The defendant who appears in the absence of the plaintiff shall be entitled
to judgment on a permissive counterclaim. (Sec. 20, A. M. No. 08-8-7-SC)
186. What is the effect of the defendant’s non-appearance?
Failure of the defendant to appear, the court shall render judgment on the same day, as may
be warranted by the facts alleged in the Statement of Claim/s. (Sec. 20, A. M. No. 08-8-7-SC)
187. What is the effect if both parties failed to appear?
It shall cause the dismissal with prejudice of both the Statement of Claim/s and the
counterclaim. (Sec. 20, A. M. No. 08-8-7-SC)
188. What is the remedy of the aggrieved party in a Small Claims case, if any,
considering that judgments are final and unappealable?
Petition for Certiorari under Rule 65. Considering the final nature of a small claims case
decision under the above-stated rule, the remedy of appeal is not allowed, and the prevailing

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party may, thus, immediately move for its execution. Nevertheless, the proscription on
appeals in small claims cases, similar to other proceedings where appeal is not an available
remedy,does not preclude the aggrieved party from filing a petition for certiorari under Rule
65 of the Rules of Court. (A.L. Ang Network v. Mondejar, G.R. No. 200804, 22 January 2014)

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EVIDENCE
189. What is evidence?
The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth
respecting a matter of fact.
190. Distinguish Factum Probandum from Factum Probans.
Factum Probandum Factum Probans

The ultimate fact sought to be The intermediate facts.
established.
Proposition to be established. Materials which establish the proposition.
Hypothetical. Existent.
191. When is the evidence admissible, and what its requisites?
When it is relevant to the issue and is not excluded by the law or these rules. Two elements
must concur:
a. Relevance- when the evidence has such a relation to the fact in issue as to induce belief
in its existence or non-existence; and
b. Competence- not excluded by the Constitution, the law, or the Rules of Court
192. What are the kinds of Admissibility of Evidence?
a. Multiple Admissibility - Evidence that is plainly relevant and competent for two or more
purposes will be received if it satisfies all the requirements prescribed by law in order that
it may be admissible for the purpose for which it is presented, even if it does not satisfy
the other requisites of admissibility for other purposes.
b. Conditional Admissibility - Evidence that appears to be immaterial is admitted by the
court subject to the condition that its connection with another fact subsequent to be
proved will be established. Otherwise, such fact already received will be stricken off the
record at the initiative of the adverse party.
c. Curative Admissibility - Evidence that is otherwise improper is admitted (despite objection
from the other party) to contradict improper evidence presented or introduced by the
other party, and to cure or neutralize such improper evidence. (Regalado, Vol. II, p.706,
2008 ed.)
193. What are the distinctions between burden of Proof and burden of Evidence?
Burden of proof Burden of evidence
Does not shift as it remains throughout the Shifts from party to party depending on the
trial with the party upon whom it is imposed. exigencies of the case in the course of trial.
Generally determined by the pleadings filed Generally determined by the developments in

by the party. the trial, or by the provisions of substantive law
or procedural rules which may relieve the party
from presenting evidence of fact alleged.
(Tan, Evidence: A Compendium for the Bench and the Bar, p. 527, 2020)

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194. What are the kinds of legal presumptions?
Conclusive presumption Disputable presumption
Presumptions which always hold as true and cannot Presumptions of law which always holds
be overcome by evidence to the contrary. true only as long as they are not
overcome by competent evidence to the
contrary.
Instances of conclusive presumption: Satisfactory if uncontradicted, but may

a. Whenever a party has, by his own be contradicted and overcome by other
declaration, act, or omission, intentionally evidence.
and deliberately led another to believe a
particular thing true, and to act upon such
belief, he cannot, in any litigation arising out
of such declaration, act or omission, be
permitted to falsify it.
b. The tenant is not permitted to deny the title
of his landlord at the time of the
commencement of the relation of landlord
and tenant between them.
(Tan, Evidence: A Compendium for the Bench and the Bar, p. 527, 2020)
195. What is the rule of presumption against an accused in criminal cases?
If a presumed fact that establishes guilt, is an element of the offense charged, or negates a
defense, the existence of the basic fact must be proved beyond reasonable doubt and the
presumed fact follows from the basic fact beyond reasonable doubt. (Sec. 6, Rule 131)
196. What need not be proved?
a. Facts which are subject of Judicial Notice;

b. Judicial admissions; and
c. Conclusive presumptions. (Rule 129)
197. What is judicial notice?

It is the cognizance of certain facts that judges may properly take and act on without proof
because these facts are already known to them. Put differently, it is the assumption by a
court of a fact without need of further traditional evidentiary support. (Juan vs. Juan, G.R.
No. 221732, August 23, 2017)
198. When is judicial notice Mandatory and when Discretionary?

Mandatory Discretionary
a. Existence and territorial extent of states; a. Matters which are
b. Their political history; public knowledge;
c. Forms of government and symbols of nationality; b. Matters which are
d. Law of nations; capable to
e. Admiralty and maritime courts of the world and their seals; unquestionable
f. Political constitution and history of the Philippines; demonstration; and
g. The official acts of legislative, executive, and judicial c. Matters which are
departments of the National Government of the Philippines; ought to be known to
h. Laws of nature; judges because of
i. Measure of time; and their judicial functions.
j. Geographical divisions.

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199. Differentiate Judicial Admissions from Extrajudicial Admissions.
Judicial Admissions Extrajudicial Admissions

As to how made
Those made in the course of the proceeding in the Those made out of court or in a judicial
same case. They do not require proof and may be proceeding other than the one under
contradicted only by showing that it was made consideration.
through palpable mistake or that no such admission
was made.
As to being offered as evidence
Judicial admissions need not be offered in evidence Regarded as evidence and must be
since it is not evidence. It is superior to evidence offered as such. Otherwise, the court will
and shall be considered by the court as established. not consider it in deciding the case.
As to conclusiveness
Conclusive upon the party making them. Rebuttable except when elements of
estoppel are present.
As to admissibility
Admissible even if self-serving. Not admissible if self-serving.
Subject of cross-examination
Subject to cross-examination. Not subject to cross-examination.
200. What is the effect of judicial admissions in the pleading?
An admission made in the pleadings cannot be controverted by the party making such
admission and are conclusive as to such party, and all proofs to the contrary or inconsistent
therewith should be ignored, whether objection is interposed by the party or not. (Gonzales-
Saldana vs. Sps. Niamatali, G.R. No. 226587, November 21, 2018)
201. How judicial admissions may be contradicted?
It can be contradicted only by showing that: (a) it was made through palpable mistake; or (b)
no such admission was made (Sec. 4, Rule 129)
202. What is the nature of object evidence?
Evidence addressed to the senses of the court. (Sec. 1, Rule 130)
It includes any object which may be known by the senses of vision, hearing, touch, taste, or
smell.
Instead of relying on the recollection of the witness, object evidence will enable the court to
have its own first-hand perception of the evidence. (Evidence: The Bar Lecture Series, p. 98,
Riano [2016 ed.])
203. What are the requisites for admissibility of object evidence?
The requisites for admissibility of object evidence are as follows:
1. must be relevant to the fact in issue – There must be a logical connection between the
evidence and the point at which it is offered;
2. must be competent – It should not be excluded by law or the rules;
3. must be authenticated before it is admitted – Authentication normally consists in showing
that the object is the object that was involved in the underlying event;
4. The authentication must be made by a competent witness; and

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5. must be formally offered in evidence. (Evidence: The Bar Lecture Series, p. 101, Riano
[2016 ed.])
204. What are the categories of object evidence?
a. Actual, physical or ―autoptic‖ evidence have a direct relation or part in the fact or
incident sought to be proven and those brought to the court for personal examination by
the presiding magistrate. It is further subdivided into 3 categories:
1. Unique objects - those that have readily identifiable marks,
2. Objects made unique - those that are made readily identifiable, and
3. Non- unique objects - those with no identifying marks; and
b. Demonstrative evidence represents the actual or physical object (or event in the case of
pictures or videos) being offered to support or draw an inference or to aid in
comprehending the verbal testimony of a witness. (People vs. Olarte, G.R. No. 233209,
March 11, 2019)
205. Ramos was charged and found guilty of violating Article II, Secs. 5 and 11 of
Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act. Ramos filed
an appeal, arguing that there were gaps in the chain of custody, which put the
seized items' integrity in doubt, to wit: (a) the seized items were not immediately
marked; (b) the prosecution failed to establish how the seized items were
received and brought to the crime laboratory; (c) the forensic chemist failed to
mention the name of the person to whom he turned over the seized items, or the
custodian of the seized items; and (d) there was no explanation given on what
degree of precautions were taken before and after the examination to preserve
the integrity of evidence. Discuss.
The appeal should be granted. The prosecution failed to show that the buy-bust team had
strictly complied with the requirements under Sec. 21. Thus, it failed to prove the accused‘s
guilt beyond reasonable doubt. The first step in the mandatory procedure for chain of custody
is the immediate marking, physical photographing of the seized items, which must be done in
the presence of certain witnesses. Here, the witnesses' absence at the time of seizure is not a
justifiable ground for not immediately marking the items, since they should have, at the
onset, been present or near the place of seizure. Police officers are given time to prepare for
a buy-bust operation and make necessary arrangements beforehand, fully aware of the strict
procedure to follow under Sec. 21 of the Comprehensive Dangerous Drugs Act. Assuming that
the apprehending team in this case really could not have immediately marked the seized
drugs because they had no marker or because the required witnesses were absent, both
circumstances were entirely of their own making. If these rendered the immediate marking
impracticable, such impracticability was 'their fault and cannot be used as an excuse to not
immediately mark the items. If anything, the lack of foresight that led to these circumstances
shows that the team did not exert genuine effort to comply with the chain of custody rule.
Furthermore, even the circumstances surrounding the admittedly belated marking of the
seized drugs are nebulous. The testimonies of the witnesses who were allegedly present
during inventory did not corroborate the police officers' testimonies.All these circumstances
cast doubt on the source, identity, and integrity of the drugs allegedly seized. Thus, accused
should be acquitted.(People vs. Ramos y Bondoc, G.R. No. 225325, August 28, 2019, J.
Leonen).
206. What is the rule on application for DNA Testing?
The appropriate court may, at any time, either motu proprio or on application of any person
who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue
after due hearing and notice to the parties upon a showing of the following:

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1. A biological sample exists that is relevant to the case;

2. The biological sample: (a) was not previously subjected to the type of DNA testing now
requested, or (b) was previously subjected to DNA testing, but the results may require
confirmation for good reasons;
3. The DNA testing uses a scientifically valid technique;
4. The DNA testing has the scientific potential to produce new information that is relevant to
the proper resolution of the case; and
5. The existence of other factors, if any, which the court may consider as potentially
affecting the accuracy or integrity of the DNA testing. (Sec. 4, Rule on DNA Evidence
A.M. No. 06-11-5-SC, October 2, 2007)
207. When to avail a post-conviction DNA Testing?
Post-conviction DNA testing may be available, without need of prior court order, to the
prosecution or any person convicted by final and executory judgment provided that: (a) a
biological sample exists, (b) such sample is relevant to the case, and (c) the testing would
probably result in the reversal or modification of the judgment of conviction. (Sec. 6, Rule on
DNA Evidence A.M. No. 06-11-5-SC, October 2, 2007)
208. What is the remedy in case of favorable post-conviction DNA Testing?
The convict or the prosecution may file a petition for a writ of habeas corpus in the court of
origin if the results of the post-conviction DNA testing are favorable to the convict. (Sec. 10,
Rule on DNA Evidence A.M. No. 06-11-5-SC, October 2, 2007)
209. What are the courses of action of the court in case of favorable DNA Testing?
In case the court, after due hearing finds the petition to be meritorious, it shall: (a) Reverse
or modify the judgment of conviction; and(b) Order the release of the convict, unless
continued detention is justified for a lawful cause. ( Sec. 10, Rule on DNA Evidence A.M. No.
06-11-5-SC, October 2, 2007)
210. Where to file the petition?
1. The Court of Appeals or

2. The Supreme Court, or with any member of said courts, which may conduct a hearing
thereon or remand the petition to the court of origin and issue the appropriate orders.
(Sec. 10, Rule on DNA Evidence A.M. No. 06-11-5-SC, October 2, 2007)
211. What are the instances where the rule that “evidence willfully suppressed would
be adverse if produced” does not apply?
a. The evidence is at the disposal of both parties;

b. The suppression was not willful;
c. It is merely corroborative or cumulative; and
d. The suppression is an exercise of a privilege (Sec. 3[e], Rule 131; People vs. Padrigone,
G.R. No. 137664. May 9, 2002)
212. State the Original Document Rule / Best Evidence Rule, and its exceptions.
The Original Document Rule provides that when the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original document itself. Its
exceptions are:
a. When the original has been lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offeror;

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b. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
c. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from
them is only the general result of the whole;
d. When the original is a public record in the custody of a public officer or is recorded in a
public office; and
e. When the original is not closely related to a controlling issue. (Sec. 3, Rule 130)
213. When is a document original?
(a) An ―original‖ of a document is the document itself or any counterpart intended to have
the same eff ect by a person executing or issuing it. An ―original‖ of a photograph includes
the negative or any print therefrom. If data is stored in a computer or similar device, any
printout or other output readable by sight or other means, shown to reflect the data
accurately, is an ―original.‖
(b) A ―duplicate‖ is a counterpart produced by the same impression as the original, or from
the same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original. (Sec. 4, Rule 130)
214. What must be proved before the introduction of Secondary Evidence?
a. Existence or due execution of the original;

b. Loss and destruction of the original, or the reason for non-production in court;
c. Unavailability of the original is not due to bad faith of the offeror (BPI vs. Mendoza, G.R.
No. 198799, March 20, 2017)
215. State the Parol Evidence Rule, and its exceptions.
The Parol Evidence Rule states that when the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon, and there can be between
the parties and their successors in interest, no evidence of such terms other than the
contents of the written agreement. It seeks to preserve what the parties have reduced in
writing and prohibits evidence aliunde or oral testimonial evidence from being presented to
vary the terms of, or add stipulations to, the written agreement. Its exceptions, wherein a
party may present evidence to modify, explain or add to the terms of the written agreement
if he puts in issue in his pleadings, are the following:
a. An intrinsic ambiguity, mistake or imperfection in the written agreement;

b. Failure of the written agreement to express the true intent of the parties thereto;
c. Validity of the written agreement; or
d. Existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement (Sec. 10, Rule 130)
216. State the qualifications of a witness.
a. Can perceive, and perceiving, can make known their perception to others;
b. Must take either an oath or an affirmation; and
c. Must not possess the disqualifications imposed by law or the rules. (Sec. 1, Rule 132;
Riano, Evidence: A Restatement for the Bar, p. 245, 2009 ed.); and

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217. What is the Marital Disqualification Rule?
Under the Marriage Disqualification Rule, a spouse cannot testify for or against the other
during the marriage, except in a civil case by one against the other or a criminal case
committed by one spouse against the other or the other‘s ascendants or descendants.
Marriage must be existing at the time of the offer of the testimony.
218. Distinguish Marital Disqualification from Marital Privilege.
Marital Disqualification Marital Privilege

(Sec. 23, Rule 130) (Sec. 24(a), Rule 130)
Who may Can be invoked only if one of the Can be claimed whether or not the
invoke spouses is a party to the action. spouse is a party to the action;
Applies only if the marriage is Can be claimed even after the
Duration existing at the time the testimony is marriage has been dissolved;
offered.
Ceases upon the death or either Continues even after the termination
Limitation spouse, and constitutes a total of the marriage, applies only to
s prohibition against any testimony for confidential communications between
or against the spouse of the witness. the spouses.
What is prohibited is the testimony What is prohibited is the examination
Prohibition for or against the other. of a spouse as to matters related in
confidence by the other spouse.
219. Discuss the rule on attorney-client privilege communication rule, and its
exceptions.
An attorney or person reasonably believed by the client to be licensed to engage in the

practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney‘s secretary,
stenographer, or clerk, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which
has been acquired in such capacity. Its exceptions are:
a. Furtherance of crime or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
b. Claimants through same deceased client. As to a communication relevant to an issue
between parties who claim through the same deceased client, regardless of whether the
claims are by testate or intestate or by inter vivos transaction;
c. Breach of duty by lawyer or client. As to a communication relevant to an issue of breach
of duty by the lawyer to his or her client, or by the client to his or her lawyer;
d. Document attested by the lawyer. As to a communication relevant to an issue concerning
an attested document to which the lawyer is an attesting witness; or
e. Joint clients. As to a communication relevant to a matter of common interest between
two [(2)] or more clients if the communication was made by any of them to a lawyer
retained or consulted in common, when offered in an action between any of the clients,
unless they have expressly agreed otherwise. (Sec. 24[c], Rule 130)
220. What are the requisites for the Application of the Dead Man’s Statute?
a. The plaintiff is the person who has a claim against the estate of the decedent or person
of unsound mind;

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b. The defendant in the case is the executor or administrator or a representative of the

deceased or the person of unsound mind;
c. The suit is upon a claim by the plaintiff against the estate of said deceased or person of
unsound mind;
d. The witness is the plaintiff, or an assignor of that party, or a person in whose behalf the
case is prosecuted; and
e. The subject of the testimony is as to any matter of fact occurring before the death (ante
litem motam) of such deceased person or before such person became of unsound mind
(Sec. 39, Rule 130).
Note: Dead Man‘s Statute applies only to a civil case or a special proceeding. The former
Dead Man‘s rule has now been superseded.The former Dead Man‘s rule prohibited the
survivor from testifying against the deceased or person of unsound mind; the Dead Man‘s
Statute put the two parties on equal footing: Where death has sealed the lips of the dead,
the law seals the lips of the living.However, now, a party, a party‘s assignor or a person in
whose behalf a case is being prosecuted in an action demanding or claiming against the
executor, administrator or other representative of the deceased or the person of unsound
mind, may now testify on amatter of fact occurring before the death of the deceased or
before the person became of unsound mind.
221. Differentiate Admission from Confession.
Admission Confession
An act, declaration or The declaration of an accused
omission of a party as to a acknowledging his guilt of the offense
Nature
relevant fact. charged, or of any offense necessarily
included therein.
A statement of fact which A statement of fact which involves an
Acknowledgement does not involve an acknowledgment of guilt or liability.
of Guilt acknowledgment of guilt or
liability.
Broader than confession. Specific type of admission which refers
Scope
only to an acknowledgment of guilt.
How made Express or Tacit. Must be express.
Application Both criminal and civil Only to criminal cases
222. Distinguish Judicial from Extrajudicial Confession.
Judicial Confessions Extrajudicial Confessions

Those made in the course of the Those made out of court or in a judicial
proceeding in the same case. proceeding other than the one under
consideration.
Do not require proof and may be It shifts from side to side as the trial of the case.
contradicted only by showing that it was Regarded as evidence and must be offered as
made through palpable mistake or that such, otherwise the court will not consider it in
no such admission was made. deciding the case.
Judicial admissions need not be offered Requires formal offer for it to be considered
in evidence since it is not evidence. It is
superior to evidence and shall be
considered by the court as established.
Conclusive upon the admitter. Rebuttable.
Admissible even if self-serving. Not admissible if self-serving.
Subject to cross-examination. Not subject to cross-examination.

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223. What is thereason for exclusion of hearsay evidence?
This rule proceeds from the basic rationale of fairness, as the party against whom it is
presented is unable to cross-examine the person making the statement.(DST Movers
Corporation vs. People's General Insurance Corporation, G.R. No. 198627, January 13, 2016,
Leonen, J.)
224. Dr. Mijares examined the victim AAA and executed a medical report on his
findings. At the scheduled hearing, Dr. Mijares appeared after several subpoenas
and warnings from the court. However, instead of presenting him to be examined
on his medical report on the alleged rape of AAA, the prosecutor manifested that
she was dispensing with his testimony provided the defense agreed to the
prosecution’s offer of stipulation that AAA submitted herself to medical
examination one week after the alleged rape, to which the defense acceded. Is the
medical report hearsay?
Yes since Dr. Mijares did not testify in court regarding the same. In fact, his testimony was
dispensed with. Note that the stipulation was not on the authenticity of the medical report
but on the fact simply that the victim submitted herself to medical examination one week
after the alleged rape. (People vs. Rondina, G.R. No. 207763, June 30, 2014)
225. What are the requisites for a Dying Declaration to be admissible in evidence?
a. The declaration is one made by a dying person;

b. The declaration was made by said dying person under a consciousness of his impending
death;
c. The declaration refers to the cause and circumstances surrounding the death of the
declarant and not of anyone else;
d. The declaration is offered in a case wherein the declarant‘s death is the subject of the
inquiry; and
e. The declarant is competent as a witness had he survived (Geraldo vs. People, G.R. No.
173608, November 20, 2008)
226. In case there is doubt as to whether the declarant was aware of his impending
death, may his statement still be considered as an exception to the hearsay rule?
Yes, but not as dying declaration but as part of the res gestae. Granting there is such doubt,
the statement, nevertheless, is admissible as an exception to the hearsay rule for being part
of res gestae. In order for a statement to be considered part of res gestae, the following
elements must concur:
a. a.the principal act, the res gestae, is a startling occurrence;

b. the statement was made before the declarant had time to contrive or devise; and
c. the statement concerns the occurrence in question and its immediately attending
circumstances. (People vs. Calinawan, G.R. No. G.R. No. 226145, February 13, 2017)
227. What is the rule on independently relevant statements?
The doctrine on independently relevant statements holds that conversations communicated to

a witness by a third person may be admitted as proof that, regardless of their truth or falsity,
they were actually made. Evidence as to the making of such statements is not secondary but
primary, for in itself it (a) constitutes a fact in issue or (b) is circumstantially relevant to the
existence of such fact. Under the doctrine of independently relevant statements, only the fact
that such statements were made is relevant, and the truth or falsity thereof is
immaterial.(Gubaton vs. Atty. Amador, A.C. No. 8962, July 9, 2018).

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228. Distinguish the right against self-incrimination of an accused from that of an

ordinary witness.
Accused Ordinary Witness

Cannot be compelled to testify or produce evidence in the May be compelled to testify by
criminal case in which he is the accused or one of the subpoena, having only the right
accused. He cannot be compelled to do so even by to refuse to answer a particular
subpoena or other process or order of the court. He cannot incriminating question at the
be required either for the prosecution, for co-accused or time it is put to him.
even for himself.
229. What are the modes of impeaching a witness?
A witness may be impeached through the following modes:
a. By contradictory evidence;
b. By evidence that his general reputation for truth, honesty or integrity is bad; or
c. By evidence that he has made at other times statements inconsistent with his present
testimony (Sec. 11, Rule 132).
230. State the procedure for impeaching a witness by evidence of prior inconsistent
statements.
a. The witness must be confronted with such statements with the circumstances of the
times, places and the persons present in which they were made;
b. The witness must be asked whether he made such statements, and if so, allowed to
explain them; and
c. If the statement be in writing it must be shown to the witness before any question is put
to him concerning them (Sec. 13, Rule 132).
Note: This procedure is also called the rule on laying the predicate. Where the previous
statements of a witness are offered as evidence of an admission, and not merely to impeach
him, the rule on laying the predicate does not apply.
231. How can a handwriting be authenticated?
a. By any witness who actually saw the person writing the instrument;
b. By any person who is familiar or has acquired knowledge of the handwriting of such
person, his opinion as to the handwriting being an exception to the opinion rule under
Secs. 48 and 50 of Rule 130;
c. By a comparison of the questioned handwriting from the admitted genuine specimens
thereof; or
d. Byan expert witness.(Secs. 20 & 22, Rule 132; Sec. 49, Rule 130).
232. What is the Contemporaneous Objection Rule?
It requires that a specific and timely objection be made to the admission of evidence.
Objections to the admission of evidence must be made seasonably, at the time it is
introduced or offered, otherwise they are deemed waived, and will not be entertained for the
first time on appeal. (People vs. Banares, G.R. No. 68298, November 25, 1986)
Objections to admissibility of evidence cannot be raised for the first time on appeal. When a
party desires the court to reject the evidence offered, he must so state in the form of
objection. Without objection, he cannot raise the question for the first time on appeal.
(People vs. Salak, G.R. No. 181249, March 14, 2011)

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233. What is the rule on Continuing Objections?
When it becomes reasonably apparent in the course of the examination that the questions
asked are of the same class as those to which objection has been made (whether sustained
or overruled), it shall not be necessary to repeat the objection, it being sufficient for the
adverse party to record his continuing objection to such class of questions.Its exceptions are
the following:
a. Where the question has not been answered, it is necessary to repeat the objection when
the evidence is again offered or the question is again asked;
b. Incompetency is shown later;
c. Where objection refers to preliminary question, objection must be repeated when the
same question is again asked during the introduction of actual evidence;
d. Objection to evidence was sustained but reoffered at a later stage of the trial;
e. Evidence is admitted on condition that its competency or relevance be shown by further
evidence and the condition is not fulfilled, the objection formerly interposed must be
repeated or a motion to strike out the evidence must be made; and
f. Where the court reserves the ruling on objection, the objecting party must request a
ruling or repeat the objection.
234. What is tender of excluded evidence/proffer of evidence?
Tender of excluded evidence is a remedy embodied under Sec. 40 of Rule 132 of the Rules
of Court. The rule is that evidence formally offered by a party may be admitted or excluded
by the court through the following:
1. If a party's offered documentary or object evidence is excluded, he may move or request

that it be attached to form part of the records of the case.
2. If the excluded evidence is oral, he may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony.
(Fortune Tobacco Corporation vs. Commissioner of Internal Revenue, G.R. No. 192024, July
1, 2015)
235. When may circumstantial evidence be sufficient to warrant a conviction?
Circumstantial evidence, to be sufficient to warrant a conviction, must form an unbroken

chain which leads to a fair and reasonable conclusion that the accused, to the exclusion of
others, is the perpetrator of the crime. To determine whether there is sufficient circumstantial
evidence, three requisites must concur: (1) there is more than one circumstance; (2) facts on
which the inferences are derived are proven; and (3) the combination of all the circumstances
is such as to produce a conviction beyond reasonable doubt.
236. When is Judicial Affidavit Rule applicable in Criminal Actions?
a. When Maximum Penalty does not exceed six years;

b. Where accused agrees to Judicial affidavits;
c. With respect to civil aspect, whatever the penalties involved are (Sec. 9, AM No. 12-8-8-
SC, September 4, 2012)
237. What is an Electronic Document?
It refers to information or the representation of information, data, figures, symbols or other

modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be proved and affirmed,
which is received, recorded, transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents and any print-out or output, readable by

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sight or other means, which accurately reflects the electronic data message or electronic
document (Sec. 1(h), Rule 2, Rules on Electronic Evidence).
238. What is an electronic data message?
Information generated, sent, received or stored by electronic, optical or similar means (Sec.1
(g), Rule 2, REE).
239. When is electronic document admissible as evidence?
a. If it complies with the rules on admissibility prescribed by the Rules of Court and related
laws; and
b. If authenticated in the manner prescribed by the Rules on Electronic Evidence (A.M. No.
01-7-01-SC)
240. Can the trial court allow the submission of Supplemental Judicial Affidavit,
together with the documentary evidence attached thereto, even though trial had
already commenced when it submitted the same, and hence, had not been
submitted and pre-marked during the pre-trial?
Yes. Sec. 10 of the Judicial Affidavit Rule contains a caveat that the failure to timely submit
the affidavits and documentary evidence shall be deemed to be a waiver of their submission.
However, the submission of evidence beyond the mandated period in the Rules strictly
subject to the conditions that:
a. the court may allow the late submission of evidence only once;
b. the party presenting the evidence proffers a valid reason for the delay; and
c. the opposing party will not be prejudiced thereby.
However, the rules confer upon the trial court the discretion to allow the introduction of
additional evidence during trial other than those that had been previously marked and
identified during the pre-trial, provided there are valid grounds. (Lara‘s Gift and Decors, Inc.
vs. PNB General Insurers Co., Inc. G.R. No. 230429, January 24, 2018)
SPECIAL CIVIL ACTIONS

(EXPROPRIATION, CERTIORARI, PROHIBITION, MANDAMUS, QUO WARRANTO)
Expropriation
241. Distinguish the procedures for expropriation proceedings under (a) Rule 67 of the
Rules of Court, (b) Expropriation for national infrastructure project pursuant to
R.A. 8974 and (c) Expropriation under the Local Government Code.
Rule 67, ROC RA 8974 LGC

Initiated by filing of the Initiated by filing of the Initiated by filing of the
complaint and due notice to the complaint and due notice to the complaint for expropriation
defendant defendant sufficient in form and substance.
Requires the deposit with an Requires the immediate Requires the deposit of the
authorized government payment of 100% of the amount equivalent to 15% of
depository of the assessed value following: the fair market value of the
of the property for  value of the property based property based on the current
expropriation. on the current relevant zonal tax declaration of the property
valuation of the BIR; and to be expropriated provided that
 value of the improvements the amount to be paid for the
and/or structures. expropriated property shall be

ARELLANO UNIVERSITY
SCHOOL OF LAW
determined by the proper court,

If there is no existing valuation based on the fair market value
and expropriation is of utmost at the time of the taking of the
urgency and importance, there property.
shall be payment of the
proffered value.
242. What are the two (2) phases in every action for expropriation?
The first is concerned with the determination of the authority of the plaintiff to exercise the
power of eminent domain and the propriety of its exercise in the context of the facts involved
in the suit. It ends with an order, if not of dismissal of the action, of condemnation declaring
that the plaintiff has a lawful right to take the property sought to be condemned, for the
public use or purpose described in the complaint, upon the payment of just compensation to
be determined as of the date of the filing of the complaint. An order of dismissal, if this be
ordained, would be a final one, of course, since it finally disposes of the action and leaves
nothing more to be done by the Court on the merits. So, too, would an order of
condemnation be a final one, for thereafter, as the Rules expressly state, in the proceedings
before the Trial Court, no objection to the exercise of the right of condemnation (or the
propriety thereof) shall be filed or heard.
The second phase of the eminent domain action is concerned with the determination by the
Court of the just compensation for the property sought to be taken. This is done by the Court
with the assistance of not more than three (3) commissioners. The order fixing the just
compensation on the basis of the evidence before, and findings of, the commissioners would
be final, too. It would finally dispose of the second stage of the suit, and leave nothing more
to be done by the Court regarding the issue. Obviously, one or another of the parties may
believe the order to be erroneous in its appreciation of the evidence or findings of fact or
otherwise. Obviously, too, such a dissatisfied party may seek a reversal of the order by taking
an appeal therefrom. (National Corporation vs. Socorro Posada, G.R. No. 191945, March 11,
2015, J. Leonen)
243. If there is a pending unlawful detainer case and the same property subject
thereon is expropriated by the Government, what is the effect of that
expropriation proceeding to the unlawful detainer case?
The unlawful detainer case is suspended for a period of one (1) year. But the unlawful or
informal settlers will have to pay the rental to the owner of the property also within that one-
year period. (Sec. 1, CA No. 538;Abad vs. Fil-Homes Realty Development Corporation, G.R.
No. 189239, November 24, 2010)
244. X, the registered owner of a parcel of land which was subjected to compulsory
acquisition under the Comprehensive Agrarian Reform Program (CARP), received
an order of land valuation from the Department of Agrarian Reform (DAR)/ Land
Bank of the Philippines (LBP). 15 days had lapsed from the receipt of the order.
a. Can X still file a petition for determination of just compensation with the
Special Agrarian Court?
Yes. Since the determination of just compensation is a judicial function, the Court must
abandon its ruling in Veterans Bank, Martinez, Soriano and Limkaichong that a petition for
determination of just compensation before the SAC shall be proscribed and adjudged
dismissible if not filed within the 15-day period prescribed under the DARAB Rules. To
maintain the rulings would be incompatible and inconsistent with the legislative intent to
vest the original and exclusive jurisdiction in the determination of just compensation with
the SAC.

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b. When should X file a petition for determination of just compensation with the
Special Agrarian Court?
While R.A. No. 6657 itself does not provide for a period within which a landowner can file a
petition for the determination of just compensation before the SAC, it cannot be
imprescriptible because the parties cannot be placed in limbo indefinitely. The Civil Code
settles such conundrum. Considering that the payment of just compensation is an obligation
created by law, it should only be ten (10) years from the time the landowner received the
notice of coverage. (LBP vs. Dalauta, G.R. No. 190004, August 8, 2017)
Certiorari, Prohibition, Mandamus
119. Distinguish among Certiorari, Prohibition and Mandamus.
Certiorari Prohibition Mandamus

Petitioner Aggrieved party
a. Tribunal a. Tribunal a. Tribunal
b. Board b. Board b. Board
c. Officer c. Officer c. Officer
Respondents
d. Person (w/ d. Person (w/
quasi-judicial quasi-judicial
function) function)
a. Lack of jurisdiction (on subject matter) a. Neglect in the
b. Excess of jurisdiction performance of
c. Grave abuse of discretion amounting to duty enjoined by
lack/excess of jurisdiction (whimsical, law; or
Grounds capricious, arbitrary and despotic) b. Excludes
someone from
the enjoyment of
office of
franchise
Discretionary Ministerial or Ministerial.
judicial/quasi-judicial Discretionary.
only . Note: Applies to
Note: Applies to judicial/quasi-judicial
Functions Note: It cannot be judicial/quasi-judicial only. It cannot be
brought against only. It cannot be brought against
legislative or executive brought against legislative or executive
functions. legislative or executive functions.
functions.
Condition No appeal or any other adequate, speedy remedy in the ordinary courts of law
Nullify the final Cease and desist from To do or perform plus
judgment, or final doing something. No damages, if any.
Prayer
orders, or resolutions. claim for damages.
No claim for damages.
245. What is grave abuse of discretion as contemplated in Rule 65?
By grave abuse of discretion is meant such capricious and whimsical exercise of judgment
which is equivalent to an excess or lack of jurisdiction. The abuse of discretion must be so
patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform
a duty enjoined by law or to act at all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner by reason of passion or hostility. (Republic vs.
Yang, G.R. No. 165332, October 2, 2009)

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SCHOOL OF LAW
246. What are the remedies to address grave abuse of discretion by any government
branch or instrumentality, particularly through petitions for certiorari and
prohibition?
The remedies are the following:

a. When any tribunal, board or officer exercising judicial or quasi-judicial functions has
acted without or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law, a person aggrieved thereby may file
a verified petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered annulling or modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and justice may require. The petition
shall be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto,
and a sworn certification of non-forum shopping as provided in the paragraph of Sec. 3,
Rule 46. (Sec.1, Rule 65; KMU vs. Hon. Benigno Simeon C. Aquino III, G.R. No. 210500,
April 2, 2019, J. Leonen)
b. When the proceedings of any tribunal, corporation, board, officer or person, whether
exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or
his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in
the ordinary course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action or matter
specified therein, or otherwise granting such incidental reliefs as law and justice may
require. The petition shall likewise be accompanied by a certified true copy of the
judgment, order or resolution subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum shopping as
provided in the third paragraph of Sec. 3, Rule 46. (Sec. 2, Rule 65; KMU vs. Hon.
Benigno Simeon C. Aquino III, G.R. No. 210500, April 2, 2019, J. Leonen)
247. What is the Doctrine on Hierarchy of Courts?
The doctrine on hierarchy of courts is a practical judicial policy designed to restrain parties
from directly resorting to a higher court when relief may be obtained before the lower courts.
The logic behind this policy is grounded on the need to prevent inordinate demands upon the
higher court‘s time and attention which are better devoted to those matters within its
exclusive jurisdiction, as well as to prevent the congestion of the higher court‘s dockets.
Hence, for the higher court to be able to satisfactorily perform the functions assigned to it by
the fundamental charter, it must remain as a court of last resort. This can be achieved by
relieving the higher court of the task of dealing with causes in the first instance. (Aala vs.
Mayor Uy, G.R. No. 202781, January 10, 2017, J. Leonen)
248. What are the exceptions to the doctrine on hierarchy of courts where direct resort
to the Court is allowed for petitions for the extraordinary writs of certiorari,
prohibition and mandamus?
The following are the exceptions to the doctrine on hierarchy of courts:
1. When genuine issues of constitutionaly are raised that must be addressed immediately;
2. When the case involves transcendental importance;
3. When the case is novel;
4. When the constitutional issues raised are better decided by the higher court;
5. When time is of the essence;

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6. When the subject of review involves acts of a constitutional organ;

7. When there is no other plain, speedy, adequate remedy in the ordinary course of law;
8. When the petition includes questions that may affect public welfare, public policy, or
demanded by the broader interest of justice;
9. When the order complained of was a patent nullity; and
10. When the appeal was considered as an inappropriate remedy. (Aala vs. Mayor Uy, G.R.
No. 202781, January 10, 2017, J. Leonen)
249. What are the instances when certiorari can be considered as the proper remedy
despite the availability of appeal, or other remedy in the ordinary course of law?
a. When it is necessary to prevent irreparable damages and injury to a party;

b. Where the trial judge capriciously and whimsically exercised his judgment;
c. Where there may be danger of a failure of justice;
d. Where an appeal would be slow, inadequate, and insufficient;
e. Where the issue raised is one purely of law;
f. Where public interest is involved; and
g. In case of urgency.
Specifically, the availability of appeal as a remedy does not constitute sufficient ground to
prevent or preclude a party from making use of certiorari if appeal is not an adequate
remedy, or an equally beneficial, or speedy remedy. It is inadequacy, not the mere absence
of all other legal remedies and the danger of failure of justice without the writ, that must
usually determine the propriety of certiorari. A remedy is plain, speedy and adequate if it will
promptly relieve the petitioner from the injurious effects of the judgment, order, or resolution
of the lower court or agency. (Heirs of Spouses Reterta vs. Spouses Mores, G.R. No. 159941,
August 17, 2011)
250. What are the requisites for a petition for certiorari?
1. The petition is directed against a tribunal, board or officer exercising judicial or quasi-
judicial functions;
2. Such tribunal, board or officer has acted without or in excess of jurisdiction or with grave
abuse of discretion amounting to excess or lack of jurisdiction; and
3. There must be no appeal or other plain, speedy and adequate remedy (ROC, Rule 65,
Sec. 2)
251. Distinguishcertiorari as a Mode of Appeal (Rule 45) from certiorari as a Special

Civil Action (Rule 65).
Petition for Review on Certiorari Petition for Certiorari

Nature Mode of Appeal. Special Civil Action.
Questions of jurisdiction because
a tribunal, board or officer
exercising judicial or quasi-
judicial functions has acted:
Basis Questions of law. a. without jurisdiction;
b. in excess of jurisdiction; or
c. with grave abuse of
discretion amounting to lack
of jurisdiction
Interlocutory orders prior to
appeal or matters where no
Subject Final judgments or final orders. appeal or any other plain, speedy
or adequate remedy may be
taken from.

ARELLANO UNIVERSITY
SCHOOL OF LAW
Petition for Review on Certiorari Petition for Certiorari

Parties are the original parties to the Parties are:
action:
a. Petitioner (appealing party) a. Petitioner (aggrieved party)
Parties b. Respondent (adverse party) b. Respondents (lower court or
quasi-judicial agency and
The lower court or its judge is not prevailing parties)
impleaded.
Concurrent with the RTC, Court
Where to File Only with the Supreme Court. of Appeals, Sandiganbayan and
Supreme Court.
Must be filed not later than 60
Must be filed within 15 days from
days from notice of judgment,
Period for Filing notice of judgment, final order or
order or resolution or denial of
resolution appealed from.
MR or MNT.
It does not stay the judgment or
order subject of the petition
Effect It stays the judgment appealed from.
unlessan injunctive relief was
sought for and granted.
Motion for Required.
Not required.
Reconsideration
a. Concurrent original
jurisdiction of the Supreme
Court with the RTC and
Appellate jurisdiction of the Supreme
Court of Appeals.
Court over judgments of the Court of
Jurisdiction b. Exclusive original jurisdiction
Appeals, Sandiganbayan, CTA, RTC
of the Supreme Court as to
and other courts.
judgment, final order or
resolution of COMELEC and
COA.
Quo Warranto
252. DistinguishQuo Warranto from Impeachment as a remedy to remove an

impeachable officer.
QUO WARRANTO IMPEACHMENT

Nature Judicial in nature. Political in nature.
Character of the Cause of action lies on usurping, Cause of action is the
cause of action intruding or unlawfully holding/ commission of impeachable
exercising a public office. offense.
Effect of judgment Respondent is ordered to cease Conviction shall result to

holding a public position, which removal of the respondent
he/she is ineligible to hold. from the public office that
he/she is legally holding.
Commencement Commenced by a verified It must be initiated by filing of
petition brought in the name of the Articles of Impeachment
the Republic of the Philippines. before the senate.
An act or omission committed prior to or at the time of appointment or election relating to an

official‘s qualifications to hold office as to render such appointment or election invalid is
properly the subject of a quo warranto petition, provided that the requisites for the

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commencement thereof are present. On the contrary, acts or omissions, even if it relates to
the qualification of integrity, being a continuing requirement but nonetheless committed
during the incumbency of a validly appointed and/or validly elected official, cannot be the
subject of a quo warranto proceeding, but of something else, which may either be
impeachment if the public official concerned is impeachable and the act or omission
constitutes an impeachable offense, or disciplinary, administrative or criminal action, if
otherwise. (Republic vs. Sereno, G.R. No. 237428, May 11, 2018)
Note: In the case of Republic vs. Sereno, supra, the following are the enhanced and new
doctrines introduced by the Supreme Court:
Enhanced doctrines:
1. Jurisdiction over quo warranto petition is concurrent with the SC, CA, and RTC;
2. Doctrine of hierarchy of courts, emphasizing the exception to this principle, i.e.,
transcendental importance (Chief Justice being the highest official in the Judiciary); and
3. When it is the Office of the Solicitor General who instituted the petition, the venue is in
Manila.
New doctrines:
1.Prescription (one year from the accrual of the cause of action) does not lie against the
State;
2.Quo warranto may be used even against impeachable officials. The Constitution used the
word ―may.‖
253. What is quo warranto under the Omnibus Election Code?
Quo Warranto under the Omnibus Election Code - refers to an election contest relating to the
qualifications of an elective official on the ground of ineligibility or disloyalty to the Republic of
the Philippines. The issue is whether respondent possesses all the qualifications and none of
the disqualifications prescribed by law. (A.M. No. 07-4-15-SC)
254. If the petitioner in a petition for quo warranto is the Solicitor General, does the
one-year prescriptive period provided under Rule 63 apply?
No. The one-year limitation is not applicable when the petitioner is not a mere private
individual pursuing a private interest, but the government itself seeking relief for a public
wrong and suing for public interest. In the three instances enumerated by Rules of Court, the
Solicitor General is mandated under the Rules to commence the necessary quo warranto
petition, as seen in the use of the word ―must.‖ As a general principle, it may be stated that
ordinary statutes of limitation, civil or penal, have no application to quo warranto proceeding
brought to enforce a public right. In effect, when the government is the real party in interest,
and is proceeding mainly to assert its rights, there can be no defense on the ground of laches
or prescription. (Republic vs. Sereno, G.R. No. 237428, May 11, 2018)
SPECIAL PROCEEDINGS(HABEAS CORPUS, HABEAS DATA, WRIT OF AMPARO,

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES)
175. Distinguish writ of habeas corpus, amparo, and habeas data.
HABEAS CORPUS AMPARO HABEAS DATA
Translation You have the body. To protect. You have the data.

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SCHOOL OF LAW
Description Writ directed to the person Remedy available to Remedy available to

detaining another, any person whose any person whose
commanding him to right to life, liberty, right to privacy in life,
produce the body of the and security is liberty or security is
prisoner at a designated violated or threatened violated or threatened
time and place, with the with violation by an by an unlawful act or
day and cause of his unlawful act or omission of a public
capture and detention, to omission of a public official or employee, or
do, submit to, and receive official or employee, of a private individual
whatsoever the court or or of a private or entity engaged in
judge awarding the writ individual or entity. the gathering,
shall consider in that collecting, or storing of
behalf. data or information
regarding the person,
family, home and
correspondence of the
aggrieved party.
Office of the To direct the person To direct the public To order the
Remedy detaining another to officers involved to disclosure or
produce the body of the conduct an destruction of data
person being detained and investigation as to the relating to the right to
show the cause of whereabouts and life, liberty or security
detention. legality of the of a person.
detention of a missing
person.
Rights Involved Right to liberty of and Right to life, liberty, Right to informational
rightful custody by the and security privacy, honor, self-
aggrieved party determination and
freedom of expression
Coverage 1. All cases of illegal 1. Extrajudicial 1. Gathering;

confinement or detention killings; and 2. Collecting; or
by which any person is 2. Enforced 3. Storing data or
deprived of liberty; and disappearances. information regarding:
2. Cases where the rightful a. Person
custody of any person is b. Family;
withheld from the person c. Home; or
entitled thereto d. Correspondence

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Where to file 1. RTC where the person is 1. RTC where the 1. RTC where the
detained; person is detained; petitioner or
2. Sandiganbayan; 2. Sandiganbayan; respondent resides, or
3. Court of Appeals; 3. Court of Appeals; that which has
4. Supreme Court; or 4. Supreme Court; or jurisdiction over the
5. Any justice of the three 5. Any justice of the place where the data
preceding courts. three preceding or information is
courts. gathered, collected or
stored, at the option
of the petitioner;
2. SB;
3. CA; or
4. SC when the action
concerns public data
files or government
offices.
Who may file a 1. Party for whose relief it In the following 1. Any aggrieved
petition is intended; or order: party;
2. Any person on his behalf 1. Any member of the 2. However, in cases
immediate family; of extralegal killings
2. Any ascendant, and enforced
descendant, or disappearances:
collateral relative of a. Any member of the
the aggrieved party immediate family; or
within the 4th civil b. Any ascendant,
degree of descendant, or
consanguinity or collateral relative of
affinity; or the aggrieved party
3. Any concerned within the 4th civil
citizen, organization, degree of
association or consanguinity or
institution. affinity.
Respondent May or may not be an Public official or Public official or

officer. employee or a private employee or a private
individual or entity individual or entity
engaged in the
gathering, collecting or
storing of data or
information regarding
the person, family,
home and
correspondence of the
aggrieved party
Enforceability If granted by SC or CA: Enforceable anywhere Enforceable anywhere

of the writ enforceable anywhere In in the Philippines in the Philippines.
the Philippines;If granted regardless of who
by RTC: enforceable only issued the same
within the judicial district.
Docket fees Payment is required.Rule Petitioner is exempted Payment is

ARELLANO UNIVERSITY
SCHOOL OF LAW
on indigent petitioner from payment. required.Rule on

applies. indigent petitioner
applies.
Service of writ Served upon the person to Served upon the Served upon the
whom it is directed, and if respondent respondent personally;
not found or has not the personally; or or substituted service
prisoner in his custody, to substituted service
the other person having or
exercising such custody.
Person who Officer by whom the Respondent. Respondent.

makes the prisoner is imprisoned or
return the person in whose
custody the prisoner is
found.
When to file a On the day specified in the Within 5 working days The respondent shall
return writ. after service of the file a verified written
writ, the respondent return together with
shall file a verified supporting affidavits
written return within 5 working days
together with from service of the
supporting affidavits. writ, which period may
be reasonably
extended by the Court
for justifiable reasons.
If granted by the SC or CA: If issued by RTC: If issued by RTC:

returnable before the court returnable before returnable before such
or any member or before such court; court;
RTC or any judge thereof;
If granted by If issued by SB or CA If issued by SB or CA
RTC:returnable before such or any of their or any of their
court. justices: returnable justices: returnable
before such court or before such court or to
In writ of habeas corpus in to any RTC of the any RTC of the place
relation to custody of place where the where the petitioner or
minors, the writ may be threat, act or respondent resides or
made returnable to a omission was that which has
Return Family Court or to any committed or any of jurisdiction over the
regular court within the its elements occurred; place where the data
region where the petitioner If issued by SC or any or information is
resides or where the minor of its justices: gathered, collected or
may be found for hearing returnable before stored;
and decision on the merits such court, or before
(Sec. 20, A.M. No. 03-04- SB, CA, or to any RTC If issued by SC or any
04-SC). of the place where of its justices:
the threat, act or returnable before such
omission was court, or before SB,
committed or any of CA, or to any RTC of
its elements occurred. the place where the
petitioner or

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respondent resides or
that which has
jurisdiction over the
place where the data
or information is
gathered, collected or
stored.
Hearing of the 1. Hearing of the

petition shall proceed petition shall proceed
ex parte. ex parte; and
2. The Court may also
grant the petitioner
Effect of failure
such relief as the
to file a Return
petition may warrant,
UNLESS the Court, in
its discretion, requires
the petitioner to
submit evidence.
1. Temporary
Protection Order;
2. Inspection Order;
3. Production Order;
Available and
interim 4. Witness Protection
remedies Order
Quantum of Preponderance of evidence. Substantial evidence. Substantial evidence.

proof
General denial Not prohibited. Not allowed. Not allowed.
Liability of the Forfeit to the aggrieved Imprisonment or fine Imprisonment or fine

person to party the sum of P1000, for committing for committing
whom the writ and may also be punished contempt. contempt.
is directed if he for contempt.
refuses to
make a return
Hearing Date and time of hearing is Summary hearing Summary hearing shall
specified in the writ. shall be conducted be conducted not later
not later than 7 days than 10 working days
from the date of from the date of
issuance of the writ. issuance of the writ.

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Period of Within 48 hours from 5 working days from 5 working days from
appeal notice of the judgment or the date of notice of the date of notice of
final order appealed from. the adverse the judgment or final
judgment. order
Prohibited 1. Motion to dismiss; 1. Motion to dismiss;

pleadings 2. Motion for 2. Motion for
extension of time to extension of time to
file opposition, file return;
affidavit, position 3. Motion for
paper and other postponement;
pleadings; 4. Motion for a bill of
particulars;
NOTE: In writ of 5. Counterclaim or
amparo, a motion for cross-claim;
extension of time to 6. Third-party
file the return is no complaint;
longer a prohibited 7. Reply; and
pleading, as it may be 8. Motion to declare
granted by the court respondent in default.
on highly meritorious
cases.
3. Dilatory motion for

postponement;
4. Motion for a bill of
particulars;
5. Counterclaim or
cross - claim;
6. Third - party
complaint;
7. Reply;
8. Motion to declare
respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for
reconsideration of
interlocutory orders or
interim relief orders;
and
12. Petition for
certiorari, mandamus
or prohibition against
any interlocutory
order.

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255. Distinguish Peremptory Writ from Preliminary Citation.
Peremptory Writ is a written document unconditionally commanding the respondent to have

the body detained person before the court at a time and place specified therein. It is issued if
the cause of the detention appears to be patently illegal. Noncompliance with this is
punishable.
On the other hand, preliminary citation is when the person is detained under governmental
authority and the illegality of his detention is not patent from the petition for the writ, the
court issues the citation to the government officer having custody to show cause why the
habeas corpus writ should not issue. (Lee Yick Hon vs. Insular Collector of Customs, G.R. No.
L-16779, March 30, 1921).
256. Who may file a petition for writ of Habeas Corpus involving the custody of minors?
A verified petition for the rightful custody of a minor may be filed by any person claiming
such right.The grant of the writ depends on the concurrence of the following requisites:
a. that the petitioner has the right of custody over the minor;
b. that the rightful custody of the minor is being withheld from the petitioner by the
respondents; and
c. that it is to the best interest of the minor concerned to be in the custody of petitioner and
not that of the respondents. (Masbate vs. Relucio, G.R. No. 253498, July 30, 2018)
257. In what court should the petition for writ of Habeas Corpus involving the custody
of minors be filed?
The petition shall be filed with:

a. Family Court of the province or city where the petitioner resides or where the minor may
be found
b. Regular Court in the absence of the presiding judge of the Family Court
c. Regular court in places where there are no Family Courts
d. Supreme Court, Court of Appeals, or with any of its members (Sec. 20, A.M. No. 03-04-
04-SC)
258. Is a motion to dismiss allowed in case of petitions for writ of habeas corpus
involving custody of minors?
No. A motion to dismiss the petition is not allowed except on the ground of lack of jurisdiction
over the subject matter or over the parties. Any other ground that might warrant the
dismissal of the petition may be raised as an affirmative defense in the answer . (Sec. 6 of
A.M. No. 03-04-04-SC)
259. When is the writ of habeas corpus not proper or applicable?
The writ of habeas corpus is not proper or applicable in the following instances:
a. For asserting or vindicating denial of right to bail;
b. For correcting errors in appreciation of facts or appreciation of law. Where the trial court
had no jurisdiction over the cause, over the person of the accused, and to impose the
penalty provided for by law, the mistake committed by the trial court, in the appreciation
of the facts and/or in the appreciation of the law cannot be corrected by habeas corpus
(Sotto vs. Director of Prisons, May 30, 1962);
c. Once a person detained is duly charged in court, he may no longer file a petition for
habeas corpus. His remedy would be to quash the information or warrant (Rodriguez vs.
Judge Bonifacio, A.M. No. RTJ-99-1510, November 26, 2000).

ARELLANO UNIVERSITY
SCHOOL OF LAW
260. What is the order of preference in the award of custody of minors in habeas
corpus cases?
As far as practicable, the following order of preference shall be observed in the award of
custody:Both parents jointly;
1. Either parent, taking into account all relevant considerations, especially the choice of the
minor over seven years of age and of sufficient discernment, unless the parent chosen is
unfit;
2. The grandparent, or if there are several grandparents, the grandparent chosen by the
minor over seven years of age and of sufficient discernment, unless the grandparent
chosen is unfit or disqualified;
3. The eldest brother or sister over twenty-one years of age, unless he or she is unfit or
disqualified;
4. The actual custodian of the minor over twenty-one years of age, unless the former is
unfit or disqualified; or
5. Any other person or institution the court may deem suitable to provide proper care and
guidance for the minor
261. Is the court empowered to grant temporary custody of minors in habeas corpus
cases?
No. Sec. 15 of A.M. No. 03-04-04-SC provides for temporary visitation rights, not temporary
custody. Here, the court shall provide in its order awarding provisional custody appropriate
visitation rights to the non-custodial parent or parents, unless the court finds said parent or
parents unfit or disqualified.The temporary custodian shall give the court and non-custodial
parent or parents at least five (5) days' notices of any plan to change the residence of the
minor or take him out of his residence for more than three (3) days provided it does not
prejudice the visitation rights of the non-custodial parent or parents (A.M. No. 03-04-04-SC,
Sec. 15)
NOTE: Judgment on the issue of custody in the nullity of marriage, regardless of which party
would prevail, would constitute res judicata on the subsequent petition for habeas corpus of
minors since the former has jurisdiction over the parties and the subject matter (Yu vs. Yu,
G.R. No. 164915, March 10, 2006)
262. What is the nature of hearing on the petition for writ of amparo?
The hearing on the petition shall be summary. The court, justice or judge may call for a
preliminary conference to simplify issues and determine possibility of obtaining stipulations
and admissions. Hearing will be day to day until completed, and has the same priority as
habeas corpus petitions. (Sec. 13, A.M. No. 07-9-12-SC).
263. Distinguish a writ of amparo and a search warrant.
Writ of Amparo Search Warrant
Supreme Court exercising its Sec. 2, Article III, 1987

enhanced power to promulgate Constitution
Source
rules to protect and enforce
constitutional rights.
Amparo production order may Protection of the people from

Coverage
be likened to the production of the unreasonable intrusion of

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documents or things under the government to the right of

Section 1, Rule 27 of the Rules the people to be secure in their
of Civil Procedure. person, houses, papers, and
effects.
As to whom it may Public official or employee; or Government intrusion.

be invoked against Private individual or entity
264. What are the interim reliefs available to the petitioner and the respondent in a
petition for writ of amparo?
a. Temporary Restraining Order. The court, justice or judge, upon motion or motu proprio,
may order that the petitioner or aggrieved and any member of the immediate family be
protected in a government agency or by any accredited person or private institution
capable of keeping and securing their safety. If the petitioner is an organization,
association, or institution referred to in Sec. 3(c) of this Rule, the protection may be
extended to the officers involved.
b. Inspection Order. The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of designated land or other propter, to
permit entry for the purpose of inspection, measuring, surveying, or photographing the
property or any relevant object or operation thereon.
c. Production Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession, custody, or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant.
d. Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may
refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981.
On the other hand, the following are available to the respondent:
a. Inspection Order. The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of designated land or other propter, to
permit entry for the purpose of inspection, measuring, surveying, or photographing the
property or any relevant object or operation thereon.
NOTE: A motion for inspection order shall be supported by affidavits or testimonies of

witnesses having personal knowledge of the defenses of the respondent.
b. Production Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession, custody, or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant.
265. What is standard of diligence required from the respondent in amparo cases?
If the respondent is a public official or employee, he:

1. Must prove that extraordinary diligence as required as required by the applicable laws,
rules and regulations was observed in the performance of duty.

ARELLANO UNIVERSITY
SCHOOL OF LAW
2. Cannot invoke the presumption that official duty has been regularly performed to evade
responsibility or liability.
If respondent is a private individual or entity, he:

1. Must prove that ordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty. (Sec. 17, A.M. No. 07-9-12-SC).
266. When is a writ of habeas data available?
The writ of habeas data can be availed of as an independent remedy to enforce one‘s right to
privacy, more specifically the right to informational privacy. The court still found that the
remedy is wrong in this case. The Supreme Court found that there was no reasonable
expectation of privacy in cases of Facebook photos being posted specially if there is no
evidence to prove that there are only a handful of people who may view the same. Since
there is no informational privacy that may be expected on social media, the Court found the
petition to be without merit (Vivares vs. St. Theresa‘s College, G.R. No. 202666, September
29, 2014)
267. What is the quantum of proof in amparo and habeas data cases?
The parties in a petition for writ of amparo shall establish their claims by substantial evidence.
(Sec. 17, A.M. No. 07-9-12- SC). On the other hand, the allegations in the petition for habeas
data must also be proven by substantial evidence. (Sec. 16, A.M. No. 08-1-16- SC)
Rules of Procedure for Environmental Cases
268. What is the prohibition against temporary restraining order and preliminary
injunction?
No court can issue a TRO or writ of preliminary injunction against lawful actions of
government agencies that enforce environmental laws or prevent violations thereof.
Exception: The Supreme Court (Sec. 10, Rule 2 of Rules of Procedure for Environmental
Cases)
269. What happens in a pre-trial conference for environmental cases?
It is where the judge shall put the parties and their counsels under oath, and they shall
remain under oath in all pre-trial conferences. The judge shall exert best efforts to persuade
the parties to arrive at a settlement of the dispute. The judge may issue a consent decree
approving the agreement between the parties in accordance with law, morals, public order
and public policy to protect the right of the people to a balanced and healthful
ecology.Evidence not presented during the pre-trial, except newly-discovered evidence, shall
be deemed waived. (Sec. 5, Rule 3 of Rules of Procedure for Environmental Cases)
270. What is a Consent Decree under the Rules of Procedure for Environmental Cases?
Consent Decree refers to a judicially approved settlement between concerned parties based
on public interest and public policy to protect and preserve the environment. (Sec. 4[b], Rule
1 of A.M. No. 09-6-8-SC)
271. What are the prohibited pleading and motions?
a. Motion to dismiss the complaint;

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b. Motion for a bill of particulars;

c. Motion for extension of time to file pleadings, except to file answer, the extension not to
exceed 15 days;
d. Motion to declare the defendant in default;
e. Reply and rejoinder; and
f. Third party complaint. (Sec. 2, Rule 2 of Rules of Procedure for Environmental Cases)
272. What is a Temporary Environmental Protection Order (TEPO)?
Order issued by the court directing or enjoining any person or government agency to perform
or desist from performing an act in order to protect, preserve, or rehabilitate the
environment. (Annotation to the Rules of Procedure for Environmental Cases)
273. Who may file a Citizen Suit?
Any Filipino citizen in representation of others (minors or generations yet unborn), may file an
action to enforce rights or obligations under environmental laws. ( Sec. 5, Rule 2 of Rules of
Procedure for Environmental Cases)
274. What are the entitled reliefs in a citizen’s suit?
If warranted, the court may grant to the plaintiff proper reliefs which shall include the
protection, preservation or rehabilitation of the environment and the payment of attorney‘s
fees, costs of suit and other litigation expenses. It may also require the violator to submit a
program of rehabilitation or restoration of the environment, the costs of which shall be borne
by the violator, or to contribute to a special trust fund for that purpose subject to the control
of the court. (Sec. 1, Rule 2 of Rules of Procedure for Environmental Cases)
275. May the court convert a Temporary Environmental Protection Order to a

Permanent Environmental Protection Order?
Yes. In the judgment, the court may convert the TEPO to a permanent EPO or issue a writ of
continuing mandamus directing the performance of acts which shall be effective until the
judgment is fully satisfied.The court may, by itself or through the appropriate government
agency, monitor the execution of the judgment and require the party concerned to submit
written reports on a quarterly basis or sooner as may be necessary, detailing the progress of
the execution and satisfaction of the judgment. The other party may, at its option, submit its
comments or observations on the execution of the judgment. ( Sec. 3, Rule 2 of Rules of
Procedure for Environmental Cases)
276. What is Strategic Lawsuit Against Public Participation (SLAPP)?
SLAPP Refers to an action whether civil, criminal or administrative, brought against any
person, institution or any government agency or local government unit or its officials and
employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse
that such person, institution or government agency has taken or may take in the enforcement
of environmental laws, protection of the environment or assertion of environmental rights
(Rule 1, Sec. 1(g), Rules of Procedure For Environmental Cases)
277. How SLAPP as a defense is alleged?
In a SLAPP filed against a person involved in the enforcement of environmental laws,

protection of the environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be supported by
documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for

ARELLANO UNIVERSITY
SCHOOL OF LAW
damages, attorney‘s fees and costs of suit. The court shall direct the plaintiff or adverse party
to file an opposition showing the suit is not a SLAPP, attaching evidence in support thereof,
within a non-extendible period of five (5) days from receipt of notice that an answer has been
filed.
The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file
an opposition within fifteen (15) days from filing of the comment or the lapse of the period.
(Sec. 2, Rule 6 of Rules of Procedure for Environmental Cases)
278. What is the quantum of evidence required for a party seeking the dismissal of the
case?
The party must prove by substantial evidence that his act for the enforcement of
environmental law is a legitimate action for the protection, preservation and rehabilitation of
the environment. (Sec. 3, Rule 6 of Rules of Procedure for Environmental Cases)
279. What is the quantum of evidence required for a party filing the action?
The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that
the action is not a SLAPP and is a valid claim. (Sec. 3, Rule 6 of Rules of Procedure for
Environmental Cases)
280. What is a Writ of Kalikasan?
It is a remedy available to a natural or juridical person, entity authorized by law, people‘s

organizations, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual or entity without involving
environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
281. What are the Prohibited Pleadings and Motions?
a. Motion to dismiss;
b. Motion for extension of time to file return;
c. Motion for postponement;
d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
f. Third-party complaint;
g. Reply; and
h. Motion to declare respondent in default. (Rule 7, Sec. 9, Rules of Procedure for
Environmental Cases, A.M. 09-6-8-SC)
NOTE: A motion for intervention is excluded from the enumeration. Allowing this motion is a
reaffirmation of the public participation aspect in the writ of kalikasan since there may be a
large, qualified pool of possible representatives interested in availing of the remedy.
282. What discovery measures are available to the parties?
A party may file a verified motion for the following reliefs:

1. Ocular Inspection; and
2. Production or inspection of documents or things (Rule 7, Sec. 12, Rules of Procedure
for Environmental Cases, A.M. 09-6-8-SC)
283. What is the Writ of Continuing Mandamus?

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Continuing mandamus is a writ issued by a court in an environmental case directing any

agency or instrumentality of the government or officer thereof to perform an act or series of
acts decreed by final judgment which shall remain effective until judgment is fully satisfied.
(Sec. 4 [c] A.M. No. 09-6-8-SC, Rules of Procedure for Environmental Case)
It is a command of continuing compliance with a final judgment as it ―permits the court to

retain jurisdiction after judgment in order to ensure the successful implementation of the
reliefs mandated under the court‘s decision.‖ ( Dolot vs. Paje, G.R. No. 199199, August 27,
2013).
284. Distinguish a Writ of Continuing Mandamus from a Writ of Kalikasan.
Writ of Kalikasan Writ of Continuing Mandamus

Venue SC and CA only. RTC, CA and SC.
Respondents Include private individuals or entities. Only Government or its officers.
Petitioners Any citizen. Only those who are aggrieved.
Subject Matter Unlawful act or omission involving Unlawful neglect in the performance
environmental damage affecting two of duty; unlawful exclusion from use
or more cities or provinces. or enjoyment of a right.
Docket Fees Exempt. Exempt.
Discovery Ocular inspection & production of None.
documents.
Damages Award not available to individual Personal damages may be awarded.
petitioner. Must file separate action
for damages.
285. Is a prior final judgment a condition precedent in filing a petition for the issuance
of a writ of continuing mandamus?
No. The final court decree, order or decision referred to in Sec. 4 of the Rules actually
pertains to the judgment or decree that a court would eventually render in an environmental
case for continuing mandamus and which judgment or decree shall subsequently become
final.
Under the Rules, after the court has rendered a judgment in conformity with Rule 8, Sec. 7
and such judgment has become final, the issuing court still retains jurisdiction over the case
to ensure that the government agency concerned is performing its tasks as mandated by law
and to monitor the effective performance of said tasks. It is only upon full satisfaction of the
final judgment, order or decision that a final return of the writ shall be made to the court and
if the court finds that the judgment has been fully implemented, the satisfaction of judgment
shall be entered in the court docket. A writ of continuing mandamus is, in essence, a
command of continuing compliance with a final judgment as it "permits the court to retain
jurisdiction after judgment in order to ensure the successful implementation of the reliefs
mandated under the court‘s decision. (Dolot vs. Paje, G.R. No. 199199, August 27, 2013)
286. Who may file a criminal action?
Any offended party, peace officer or any public officer charged with the enforcement of an
environmental law may file a complaint before the proper officer in accordance with the Rules
of Court. (Rule 9, Sec. 1, Rules of Procedure for Environmental Cases, A.M. 09-6-8-SC)
287. What is the effect of the institution of Criminal and Civil Action?

ARELLANO UNIVERSITY
SCHOOL OF LAW
When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense charged, shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
Unless the civil action has been instituted prior to the criminal action, the reservation of the
right to institute separately the civil action shall be made during arraignment. (Rule 10, Sec.
1, Rules of Procedure for Environmental Cases, A.M. 09-6-8-SC)
288. What is the precautionary principle? When can it be applied?
It states when human activities may lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat (Rule 1, Sec. 3(f), Rules of Procedure for Environmental Cases, A.M. 09-
6-8-SC).
When there is a lack of full scientific certainty in establishing a causal link between human
activity and environmental effect, the court shall apply the precautionary principle in resolving
the case before it. (Rule 20, Sec. 1, Rules of Procedure for Environmental Cases, A.M. 09-6-8-
SC)
289. What are the factors to consider when precautionary principle should be applied?
The following factors, among others, may be considered: (a) threats to human life or health;
(b) inequity to present or future generations; or (c) prejudice to the environment without
legal consideration of the environmental rights of those affected (Rule 20, Sec 2 Rules of
Procedure for Environmental Cases).
290. How did the Supreme Court apply the precautionary principle as cited in the BT
Talong Case?
The Court held that the precautionary principle applies since the risk of harm from the field
trials of BT Talong remains uncertain and there exists a possibility of serious and irreversible
harm. The Court observed that eggplants are a staple vegetable in the country that is mostly
grown by small-scale farmers who are poor and marginalized; thus, given the country's rich
biodiversity, the consequences of contamination and genetic pollution would be disastrous
and irreversible. (International Service for the Acquisition of Agri-Biotech Applications, Inc.vs.
Greenpeace Southeast Asia (Philippines), G.R. No. 209271, July 26, 2016)
291. Can the validity of an Environmental Compliance Certificate (ECC) be challenged

in a Petition for the Issuance of a Writ of Kalikasan?
Yes. In general, the proper procedure to question a defect in an ECC is to follow the appeal
process provided in DAO 2003-30 and the Revised Manual. After complying with the proper
administrative appeal process, recourse may be made to the courts in accordance with the
doctrine of exhaustion of administrative remedies. However, in exceptional cases, a writ of
kalikasan may be availed of to challenge defects in the ECC provided that (1) the defects are
causally linked or reasonably connected to an environmental damage of the nature and
magnitude contemplated under the Rules on Writ of Kalikasan, and (2) the case does not
violate, or falls under an exception to, the doctrine of exhaustion of administrative remedies
and/or primary jurisdiction. (Paje vs. Casiño, G.R. No. 207257, February 3, 2015)

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B. ETHICS
QUALIFICATIONS FOR NEW LAWYERS

(INCLUDES THOSE WHO REACQUIRE CITIZENSHIP)
1. What are the qualifications for Admission to the Bar?

a. Good moral character (continuing requirement);
b. Resident of the Philippines;
c. At least 21 years of age;
d. Citizen of the Philippines;
e. Must produce satisfactory evidence of good moral character;
f. No charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines;
g. Sign the Roll of Attorneys and receive from the clerk of court of the SC a certificate of
license to practice;
h. Take the Lawyer‘s Oath;
i. Must have complied with the academic requirements;
j. Pass the Bar Examinations. (Sections 1, 2, 5 & 6, Rule 138, Revised Rules of Court )
Note: A successful bar candidate who was allowed to sign by the Clerk of the SC to sign in
the Roll of the Attorney‘s but was unable to take an oath although he has paid his IBP dues
and listed as ―qualified voter‖ in IBP affairs, cannot be admitted to the Bar ( In re: Elmo S.
Abad, B.M. No. 139, March 18, 1983).
2. What are the requirements for admission to the Bar if a Filipino citizen has
graduated from a foreign law school?
Filipino citizen who graduated from a foreign law school shall be admitted to the bar
examination only upon submission to the Supreme Court of certifications showing:
a. completion of all courses leading to the degree of Bachelor of Laws or its equivalent
degree;
b. recognition or accreditation of the law school by the proper authority; and
c. completion of all the fourth year subjects in the Bachelor of Laws academic program in a
law school duly recognized by the Philippine Government ( Section 5, Rule 138-A as
amended by A.M. No. 19-03-24-SC).
A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its
equivalent in a foreign law school must present proof of having completed a separate
bachelor's degree course (Bar Matter No. 1153).
3. Explain the meaning of a crime which involves moral turpitude?
To consider a crime as one involving moral turpitude, the act constituting the same must
have been ―done contrary to justice, honesty, modesty, or good morals. [It must involve] an
act of baseness, vileness, or depravity in the private duties which a man owes his fellowmen,
or to society in general, contrary to the accepted and customary rule of right and duty
between man and woman, or conduct contrary to justice, honesty, modesty, or good morals.‖
(Re: Decision dated 17 March 2011 in Criminal Case No. SB-28361 entitled ―People of the
Philippines vs. Joselito C. Barrozo.‖, 763 SCRA 243, A.C. No. 10207 July 21, 2015)
4. What are the conditions before a repatriated lawyer can resume his practice of
law in the Philippines?
Under RA 9225, if a person intends to practice the legal profession in the Philippines and
he/she reacquires his/her Filipino citizenship pursuant to its provisions ―(he or she) shall apply
with the proper authority for a license or permit to engage in such practice.‖ Stated

ARELLANO UNIVERSITY
SCHOOL OF LAW
otherwise, before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can
resume his law practice, he/she must first secure from the Supreme Court the authority to do
so, conditioned on:
a. the updating and payment in full of the annual membership dues in the IBP;
b. the payment of professional tax;
c. the completion of at least 36 credit hours of mandatory continuing legal education; and
d. the retaking of the lawyer‘s oath which will not only remind him of his duties and
responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines ( Petition for Leave to Resume Practice
of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007, J. Corona ).
CODE OF PROFESSIONAL RESPONSIBILITY

(INCLUDING DUTIES INCORPORATED IN THE LAWYER’S OATH)
5. State the Lawyer’s Oath.
―I,________________________, do solemnly swear that I will maintain allegiance to the

Republic of the Philippines, I will support the Constitution and obey the laws as well as the
legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to
the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false
or unlawful suit, or give aid nor consent to the same; I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my clients; and I impose upon
myself these voluntary obligations without any mental reservation or purpose of evasion. So
help me God.‖
6. What are the Four-fold Duties of a Lawyer?
a. Duty to Society: A lawyer should not violate his responsibility to society, exemplar for
uprighteousness, ready to render legal aid, foster social reforms, guardian of due process,
aware of special role in the solution of special problems and be always ready to lend
assistance in the study and solution of social problems.
b. Duty to the Court: Candor; Respect; Assist in the administration of justice; Refrain from
impropriety.
c. Duty to the Profession: Maintain the dignity of the profession; Courtesy towards fellow
lawyers; Fairness to fellow lawyers, Prevent unauthorized practice of law; and
d. Duty to the Client: Make himself available; Confidentiality; Loyalty; Fidelity; Fiduciary;
Fair; Competence and diligence.
1. Society
7. In dealing with clients, Canon 1 of the Code of Professional Responsibility states

that a lawyer shall uphold the law and promote respect for law and the legal
processes. Statethe four (4) rules under this Canon.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

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Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.(Canon 1, Code of Professional Responsibility)
8. MJ, an OFW staying in Norway, asked her parents in the Philippines to seek legal
services for the nullification of her marriage. MJ’s parents contracted Atty. Dino’s
legal services for said purpose. Atty. Dino then drafted a Petition for Annulment of
Marriage to which a decision granting the same was granted only seven (7)
months after its alleged filing. MJ’s family became skeptical as the said decision
seemed to come to soon and was poorly crafted. It was later discovered that the
RTC Branch and the judge who allegedly promulgated said decision did not exist.
After due investigation, it was confirmed that Atty. Dino notarized the verification
and certification of non-forum shopping of the petition without the personal
presence of MJ; that he was the author of the fake decision; and that he retaliated
against MJ for confronting him with the fake decision.
What violations of the Code of Professional Responsibility did Atty. Dino make?
Atty. Dino‘s acts constitute violations of Canon 1, Rule 1.01 and Rule 1.02 of the Code.
Hecommitted unlawful, dishonest, immoral and deceitful conduct, and lessened the
confidence of the public in the legal system. Instead of being an advocate of justice, he
became a perpetrator of injustice. (Taday vs. Apoya, A.C. No. 11981, July 03, 2018, Per
Curiam)
Note: The Supreme Court ordered the disbarment of the erring lawyer in this case.
9. What is the difference between an "immoral conduct" and a "grossly immoral

conduct"?
Immoral Conduct Grossly Immoral Conduct

Involves acts that are willful, flagrant, or Immoral conduct is gross when it is so
shameless, and that show a moral corrupt as to constitute a criminal act, or so
indifference to the opinion of the upright and unprincipled as to be reprehensible to a high
respectable members of the community. degree, or when committed under such
scandalous or revolting circumstances as to
shock the community's sense of decency.
The Court makes these distinctions, as the supreme penalty of disbarment arising from
conduct requires grossly immoral, not simply immoral, conduct (Perez v. Catindig, A.C. No.
5816, March 10, 2015)
10. What are the three-fold obligation of a lawyer after admission to practice?
The three-fold obligations are:

a. He owes it to himself to continue improving his knowledge of the law;
b. He owes it to his profession to take an active interest in the maintenance of high standards
of legal education; and
c. He owes it to the lay public to make the law a part of their social consciousness (Pineda,
2009).
11. Atty. N recently passed the Bar and wanted to specialize in marine labor law. He
gave out calling cards with his name, address and telephone number in front, and

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the following words at the back: "We provide legal assistance to overseas seamen
who are repatriated due to accident, illness, injury, or death. We also offer
Financial Assistance." Does this constitute ethical misconduct?
Yes, the calling card contains advertisements in violation of Canon 3 of CPR. The phrase ―we
also offer financial assistance‖ was clearly used to entice clients who already had
representation to change counsels with a promise of loans to finance their legal actions.
Money was dangled to lure clients away from their original lawyers, thereby taking advantage
of their financial distress and emotional vulnerability. This crass commercialism degraded the
integrity of the bar and deserves no place in the legal profession (Linsangan v. Atty.
Tolentino, A.C. No. 6672, September 4, 2009)
12. Can a disbarred lawyer’s name be part of a firm’s name?
No. Maintaining a disbarred lawyer's name in the firm name is different from using a
deceased partner's name in the firm name. Canon 3, Rule 3.02 allows the use of a deceased
partner's name as long as there is an indication that the partner is deceased. This ensures
that the public is not misled. On the other hand, the retention of a disbarred lawyer's name in
the firm name may mislead the public into believing that the lawyer is still authorized to
practice law. A lawyer who appears under a firm name that contains a disbarred lawyer's
name commits indirect contempt of court (Yu Kimteng vs. Young, G.R. No. 210554, August
05, 2015, J. Leonen).
13. Does the Code of Professional Responsibility cease to apply when a lawyer has
joined the government service?
No. Canon 6 of the Code of Professional Responsibility states that the rules governing the
conduct of lawyers ―shall apply to lawyers in government service in the discharge of their
official tasks‖.
14. May a lawyer who holds a government office be disciplined as a member of the
Bar?
As a rule, a lawyer who holds a government office may not be disciplined as a member of the
Bar for misconduct in the discharge of his duties as a government official. However, a lawyer
may be disciplined as a member of the Bar if his governmental infractions also constitute a
violation of his oath as a member of the Bar ( Vitriolo vs. Dasig, A.C. No. 4984, April 1, 2003;
Gonzales-Austria vs. Abaya, A.M. No. R-705-RTJ, August 23, 1989).
15. State the rules under Canon 6 of the Code of Professional Responsibility.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE

DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but
to see that justice is done. The suppression of facts or the concealment of witnesses capable
of establishing the innocence of the accused is highly reprehensible and is cause for
disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his public position to promote or
advance his private interests, nor allow the latter to interfere with his public duties.
Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said
service.(Canon 6, Code of Professional Responsibility)

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2. The legal profession
16. What is the nature of the Integrated Bar of the Philippines?
The Integrated Bar shall be strictly non-political, and every activity tending to impair this
basic feature is strictly prohibited and shall be penalized accordingly.
No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government

or any political subdivision or instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or any Chapter.
From the time a lawyer files his certificate of candidacy for any elective public office or
accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or
any political subdivision or instrumentality thereof, he shall be considered ipso facto resigned
from his position (Sec. 13, Rule 139-A).
17. Is the membership fee paid to the IBP a form of tax?
No. A membership fee in the bar association is an exaction for regulation, while tax purpose
of a tax is a revenue. If the judiciary has inherent power to regulate the bar, it follows that as
an incident to regulation, it may impose a membership fee for that purpose. It would not be
possible to put on an integrated bar program without means to defray the expenses (Letter
of Atty. Cecilio Arevalo Jr. B.M. 1370, May 9, 2005).
18. Are senior citizens exempt from the payment of the IBP membership dues?
No. In the payment of IBP dues, lawyers who are senior citizens are NOT exempted from the
payment of dues. Republic Act 7432 or the Senior Citizens Act in its exemption from payment
of income tax does not include payment of membership or association dues of the IBP.
Payment of dues is a necessary consequence of membership in the IBP, of which no one is
exempt. This means that the compulsory nature of payment of dues subsists for as long as
one‘s membership in the IBP remains regardless of the lack of practice of, or the type of
practice, the member is engaged in (Santos, Jr. vs. Llamas, A.C. No. 4749, January 20,
2000).
19. Is the failure to disclose the true civil status in the application for admission to the
Bar a valid ground not to admit a person to practice law?
Yes. The court held that a lawyer‘s declaration in his application for Admission to the Bar
Examinations that he was ―single‖ was a gross misrepresentation of a material fact made in
utter bad faith, for which he should be made answerable. Rule 7.01, Canon 7, Chapter II of
the Code of Professional Responsibility explicitly provides: ― ―A lawyer shall be answerable
for knowingly making a false statement or suppression of a material fact in connection with
his application for admission to the bar‖ ( Leda vs. Tabang, A.C. No. 2505, February 21,
1992).
20. May lawyers be disciplined in their private capacity?
Yes. Lawyers may be disciplined even for any conduct committed in their private capacity, as
long as their misconduct reflects their want of probity or good demeanor, a good character
being an essential qualification for the admission to the practice of law and for continuance of
such privilege. When the Code of Professional Responsibility or the Rules of Court speaks of
conduct or misconduct, the reference is not confined to one's behavior exhibited in
connection with the performance of lawyers' professional duties, but also covers any
misconduct, which—albeit unrelated to the actual practice of their profession—would show

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them to be unfit for the office and unworthy of the privileges which their license and the law
invest in them" (Belo-Henares vs. Atty. Guevara, A.C. No. 11394, December 01, 2016).
21. Is the utterance of inflammatory language to annoy, humiliate, incriminate, and

discredit his colleague in the presence of lawyers, court personnel, and litigants
befitting of a lawyer?
No. Though a lawyer's language may be forceful and emphatic, it should always be dignified
and respectful, befitting the dignity of the legal profession. The use of intemperate language
and unkind ascriptions has no place in the dignity of judicial forum. Atty. Ferrer ought to have
realized that this sort of public behavior can only bring down the legal profession in the public
estimation and erode public respect for it. Whatever moral righteousness Atty. Ferrer had
was negated by the way he chose to express his indignation ( Atty. Barandon, Jr. vs. Atty.
Ferrer, Sr., A.C. No. 5678, March 26, 2010).
22. May a lawyer delegate to a layman any work involving the application of law?
No. A lawyer should not delegate to a layman any work which involves the application of law,
such as the computation and determination of the period within which to appeal an adverse
judgement, the examination of witnesses or the presentation of evidence, because these
involve the practice of law which may be undertaken only by a lawyer.
However, a lawyer can employ lay secretaries, lay investigators, lay detectives, lay
researchers, accountants or non-lawyer draftsmen, to undertake any task not involving
practice of law. He may also avail himself of the assistance of law students ( Agpalo, Legal
and Judicial Ethics, 2009 edp. 115-116).
23. Johaidadiscovered that a certain Serena paid the real estate tax on her property.
Upon verification, a deed of absolute sale transferring the property to Serena was
notarized by Atty. Aaron. However, the National Archives disclosed that the
notarial details appearing in the deed of absolute sale pertained to another
document. Atty. Aaron asserted that his secretary failed to record the assailed
document in his notarial book and used the samenotarial details in notarizing
another document. May Atty. Aaron delegate the tasks of recording entries in his
notarial register to his secretary?
No. The delegation of his notarial function of recording entries in his notarial register to his
secretary is a clear contravention of the explicit provision of the notarial rules that such duty
should be fulfilled by him and not by anyone else. This is a direct violation of Canon 9, Rule
9.01 of the Code, which provides that:A lawyer shall not delegate to any unqualified person
the performance of any task which by law may only be performed by a member of the Bar in
good standing.(Buenafe vs. Lirazan, A.C. No. 9361, March 20, 2019)
24. May a lawyer divide or stipulate to divide a fee for legal services with persons not
licensed to practice law?
A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:
a. Where there is a pre-existing agreement with a partner or associate that, upon the
latter's death, money shall be paid over a reasonable period of time to his estate or to
persons specified in the agreement; or
b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer;
or

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c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if
the plan is based in whole or in part, on a profit sharing agreement. (Rule 9.02, Canon 9,
Code of Professional Responsibility)
3. The courts
25. What is the duty of lawyers towards the courts?
Lawyers should obey court orders and processes and willful disregard thereof will subject the
lawyer not only to punishment for contempt but to disciplinary sanctions as well. In fact,
graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the
courts and to show respect to their processes ( Bantolo vs. Castillon Jr., A.C. No. 6589,
December 19, 2005).
Willful disobedience of the lawful order of courts under Section 27, Rule 138 of the Rules of
Court is in itself a sufficient cause for suspension or disbarment ( Ong vs. Grijaldo, 450 Phil 1,
April 30, 2003).
26. What if court orders are erroneous, do lawyers still have the duty to respect it?
Yes. Court orders, however erroneous they may be, must be respected especially by lawyers
who are themselves officers of the courts. Court orders are to be respected not because the
judges who issue them should be respected, but because of the respect and consideration
that should be extended to the judicial branch of the government (De Leon vs. Torres, A.C.
No. 180, June 30, 1956).
It is a matter of public policy that in the absence of fraud, dishonesty or corruption, the acts
of a judge in his judicial capacity are not subject to disciplinary action even though such acts
are erroneous (Boquiren vs. Del Rosario-Cruz, A.C. No. MTJ-94-894, June 2, 1995).
27. What are the elements of forum shopping?
The elements of forum shopping are:
a) Identity of parties or at least such parties represent the same interests in both actions;
b) Identity of the rights asserted and the reliefs prayed for, the relief being founded on the
same facts; and
c) The identity of the two preceding particulars, such that any judgment rendered in the
other action will, regardless of which party in successful amount to res judicata in the action
under consideration (Collantes vs. Court of Appeals, G.R. No. 169604, March 6, 2007).
28. When does a trial by publicity become prejudicial?
To warrant a finding of prejudicial publicity, there must be allegation and proof that the
judges have been unduly influenced, not simply that they might be, by the barrage of
publicity (People vs. Teehankee, Jr., G.R. No. 111206-08, October 6, 1995).
In so far as criminal proceedings are concerned, two classes of publicized speech made
during the pendency of the proceedings can be considered as contemptuous: first, comments
on the merits of the case, and second, intemperate and unreasonable comments on the
conduct of the courts with respect to the case ( Lejano vs. People, G.R. No. 176389,
December 14, 2010).

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SCHOOL OF LAW
29. What is the Sub judice rule?
The sub judice rule restricts comments and disclosures pertaining to the judicial proceedings
in order to avoid prejudging the issue, influencing the court, or obstructing the administration
of justice (Maranatan vs. Diokno, G.R. No. 205956, February 12, 2014, J. Mendoza) .
4. The clients
30. Will the absence of a written contract preclude the establishment of Attorney-
Client Relationship?
No. The absence of a written contract will not preclude the finding that there was a
professional relationship which merits attorney's fees for professional services rendered.
Documentary formalism is not an essential element in the employment of an attorney; the
contract may be express or implied. To establish the relation, it is sufficient that the advice
and assistance of an attorney is sought and received in any matter pertinent to his
profession. An acceptance of the relation is implied on the part of the attorney from his
acting on behalf of his client in pursuance of a request from the latter (Dee vs. CA, G.R. No.
77439, August 24, 1989).
31. What is the nature of relationship created between a counsel and a client?
The agency created between a counsel and a client is a highly fiduciary relationship. A
counsel becomes the eyes and ears in the prosecution or defense of his or her client‘s case.
This is inevitable because a competent counsel is expected to understand the law that frames
the strategies he or she employs in a chosen legal remedy. Counsel carefully lays down the
procedure that will effectively and efficiently achieve his or her client‘s interests. Counsel
should also have a grasp of the facts, and among the plethora of details, he or she chooses
which are relevant for the legal cause of action or defense being pursued (Ong Lay Hin v.
Court of Appeals, G.R. No. 191972, January 26, 2015, J. Leonen).
a. Availability of service without discrimination
32. When may a lawyer validly refuse to accept representation of an indigent client?
A lawyer may validly refuse to accept representation of an indigent client when:

(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client. (Rule 14.03, CPR)
33. How is Counsel de Oficio appointed?
Under Section 7, Rule 116 of the Rules of Court, counsel de oficio may come from the private
sector. However, the courts have been reminded that the frequent appointment of the same
attorney as counsel de oficio should be avoided ( People vs. Daeng, G.R. No. L-34091,
January 30, 1973). Only indigents may avail of the services of the Public Attorney‗s Office.
b. Candor, Fairness, and loyalty to clients
34. What is this confidentiality rule?

This mandates that an attorney is not permitted to disclose communications made to him in
his professional character by a clientunless the latter consents. This obligation to reserve the
confidence and secrets of a client arises at the inception of their relationship. It even survives
the death of the client (Genato vs. Silapan, A.C. No. 4078, July 14, 2003).

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35. What are the essential factors to establish the existence of the attorney-client
privilege communication?
a. Where legal advice of any kind is sought;

b. From a professional legal adviser in his capacity as such;
c. The communication relating to that purpose;
d. Made in confidence;
e. By the client;
f. Are at his instance permanently protected;
g. From disclosure by himself or by legal advisor;
h. Except the protection be waived. (Hadjula vs. Madianda, A.C. No. 6711, July 3, 2007)
36. What are the exceptions to the Rule on Privileged Communication?
The rule on privilege communication is not applicable to the following:
a. When there is consent or waiver of client;

b. When the law requires disclosure;
c. When disclosure is made to protect the lawyer‘s rights (i.e. to collect his fees or defend
himself, his employees or associates or by judicial action);
The rule on privilege communication will also not apply in the following cases:
a. Furtherance of Crime or fraud;

b. Claimants through same Deceased client;
c. Breach of duty by lawyer or client;
d. Document Attested by the lawyer; and
e. Joint clients (Section 24(b), Rule 130 as amended by A.M. No. 19-08-15-SC)
37. What is the relevant Rule on Conflict of Interests?
Rule 15.03, Canon 15 of the CPR which states that, ―a lawyer shall not represent conflicting
interests except by written consent of all concerned given after a full disclosure of the facts.‖
A lawyer is prohibited from representing new clients whose interests oppose those of a
former client in any manner, whether or not they are parties in the same action or on totally
unrelated cases. The prohibition is founded on the principles of public policy and good taste.
It behooves lawyers not only to keep inviolate the client‘s confidence, but also to avoid the
appearance of treachery and double-dealing for only then can litigants be encouraged to
entrust their secrets to their lawyers, which is of paramount importance in the administration
of justice (Orola vs. Ramos, A.C. No. 9860, September 11, 2013, J. Perlas-Bernabe).
38. What are the tests to determine conflicting interest?
a. Conflicting Duties: Will the attorney be required to contest for that which his duty to
another client requires him to oppose? (Pineda, Legal Ethics Annotated, p. 247);
b. Invitation of Suspicion: Will the acceptance of a new relation invite suspicion and/or
actually lead to unfaithfulness or double-dealing towards another client? (Santos vs.
Beltran, A.C. No. 5858, December 11, 2003); and
c. Use of Prior Knowledge Obtained: Will the attorney be called upon in his new
relation to use against his former client any knowledge acquired in the previous
employment? (Gonzales vs. Cabucana, A.C. No. 6836, January 23, 2006).

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39. When is there conflict of interest?
There is conflict of interest when a lawyer represents inconsistent interests of two or more
opposing parties. The test is "whether or not in behalf of one client, it is the lawyer‘s duty to
fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he
argues for one client, this argument will be opposed by him when he argues for the other
client."
The rule on conflict of interest is based on the fiduciary obligation in a lawyer-client

relationship. Lawyers must treat all information received from their clients with utmost
confidentiality in order to encourage clients to fully inform their counsels of the facts of their
case (Bernardino v. Santos, A.C. No. 10583, February 18, 2015, J. Leonen).
40. Is influence-peddling included in practice of law?
No. It is improper for a lawyer to show in any way that he has connections and can influence
any tribunal or public official, like justices, judges, prosecutors, etc., specially so if the
purpose is to enhance his legal standing and to entrench the confidence of the client that his
case or cases are assured of victory (Pineda, Legal and Judicial Ethics, 2009 ed, p. 265).
41. What if the lawyer advises his client to disobey court orders, what would be the
sanctions?
A lawyer who advises his client not to obey the order of the courts is guilty of contempt and
misconduct (Conge vs. Deret C.A., G.R. No. 08848-CR, March 25, 1974).
42. Is a lawyer engaged in another profession barred from dealing with a client in his
latter capacity?
No. Rule 15.08, Canon 15 of CPR states that a lawyer who is engaged in another profession
or occupation concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
A lawyer is not barred from dealing with his client, but the business transaction must be
characterized with utmost honesty and good faith. Business transactions between an attorney
and client are disfavored and discouraged by policy of law because by virtue of a lawyer‘s
office, he is in an easy position to take advantage of the credulity and ignorance of his client.
Thus, there is no presumption of innocence or improbability of wrongdoing in favor of
lawyers (Nakpil vs. Valdez, A.C. No. 2040, March 4, 1998).
c. Client’s money and properties
43. What is the duty of the lawyer as regards to the client's funds?
The highly fiduciary and confidential relations of attorney and client require that the lawyer
should promptly account for all the funds received or held by him for the client‗s benefits ( In
re: Berrbeger, 49 Phil 962).
44. What is the duty of the lawyer if he collected or received money or property for or
from the client?
When a lawyer collects or receives money from his client for a particular purpose, he should
promptly account to the client how the money was spent. If he does not use the money for
its intended purpose, he must immediately return it to the client.

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His failure either to render an accounting or to return the money (if the intended purpose of
the money does not materialize) constitutes a blatant disregard of Rule 16.01 of the CPR.
Moreover, a lawyer has the duty to deliver his client‘s funds or properties as they fall due or
upon demand. His failure to return the client‘s money upon demand gives rise to the
presumption that he has misappropriated it for his own use to the prejudice of and in
violation of the trust reposed in him by the client ( Hector Trenas vs. People of the Philippines,
G.R. No. 195002, January 25, 2012, J. Sereno).
45. What is the reason for prohibiting lawyers to borrow nor lend money from or to
his client?
If the lawyer lends money to the client in connection with the client‘s case, the lawyer in
effect acquires an interest in the subject matter of the case or an additional stake in its
outcome. Either of these circumstances may lead the lawyer to consider his own recovery
rather than that of his client, or to accept a settlement which may take care of his interest in
the verdict to the prejudice of the client in violation of his duty of undivided fidelity to the
client‘s cause (Linsangan vs. Atty. Tolentino, A.C. No. 6672, September 4, 2009).
d. Fidelity to client's cause
46. Does a lawyer’s duty of fidelity to client’s cause require absolute adherence?
No. A lawyer‗s duty of fidelity to the cause of the client does not necessarily mean absolute
adherence to the client‗s views or activities. In case of conflicting views, a lawyer‘s personal
interests and loyalties may not dilute the diligence or vigor with which a client is represented
(Funa, Legal and Judicial Ethics: With Bar Examination Questions, 2009, p. 263 ).
47. How should a lawyer attain the objectives of his client?

Rule 19.01, Canon 19 of the Code of Professional Responsibility states that a lawyer shall
employ only fair and honest means to attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to present unfounded criminal charges to obtain
an improper advantage in any case or proceeding.
48. X, the lawyer, has knowledge that the Court Order given by Y, a former court
employee, was falsified but he still shared it with his client Z. Z used the Court
Order and presented it to A, the owner of the land, and advised the latter to
refrain from planting on the land. Upon verification, A discovered that there was
no such case pending before the RTC and the judge’s signature was forged. Y filed
a criminal complaint for falsification against X considering that Y was the one who
handed the fake document to Z. X maintained that he merely shared the
document to Z without any instruction of using it. X maintained that the fake
Order is inexistent, useless, and without value. Must X be penalized for his
carelessness in entrusting a forged document in the hands of his client despite the
danger of using it for a wrongful purpose?
Yes, X must be penalized for his carelessness in entrusting a forged document in the hands of
his client despite the danger of using it for a wrongful purpose. In no case shall an attorney
allow a client to perpetrate fraud upon a person or commit any act which shall prejudice the
administration of justice.
Rule 19.02, Canon 19 of the Code of Professional Responsibility provides that a lawyer who
has received information that his clients has, in the course of the representation, perpetrated
a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with such client in accordance with the Rules
of Court.

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Here, X should have immediately alerted the trial court or reported the matter to the
authorities upon knowledge of falsification. However, X's negligence encouraged Y to assert
their supposed claim against A (Tiongson vs. Flores, A.C. No. 12424, September 1, 2020, J.
Lopez).
49. Y, the client, engaged the services of X, the lawyer, in the filing and handling of a
case for the Termination of Tenancy Relationship against tenant, A. The DARAB
required the parties to submit their position papers within 40 days from the date
of the hearing. Y repeatedly called the office of X until the last day of its
submission but failed to contact X. Y was then compelled to go to X’s law office,
but failed to see X. The secretary of X told Y that the position paper had already
been filed but there was no copy provided to Y since it was X who prepared the
position paper on his computer. After 8 months, Y received the decision of DARAB
dismissing the case and discovered that Y did not file the position paper in the
case. X pointed out that Y lost the case because there was a difference of opinion
between them; Y wanted to impose upon him his own view and opinion and would
dictate to him what he wanted to be done in the course of the proceedings, while
refusing all his advice on how to pursue the case. Is the defense of X correct?
No. The defense of X is not correct. X was engaged by Y to plead his case in the tenancy
dispute in the way the lawyer believed the case should be handled, not in any other way.
Rule 19.03, Canon 19 of the Code of Professional Responsibility provides that a lawyer ―shall
not allow his client to dictate the procedure in handling the case.‖Thus, the Court cannot
accept X‘s lame excuse that he and Y had a difference of opinion on how the case should be
handled. Notably, Y submitted documents to X; whatever was lacking could not be submitted
because Y could not even contact X despite repeated attempts. In short, X should have acted
as a lawyer in the case, not as a mere agent waiting for Y‘s instructions. He should not have
wasted several months doing nothing about the position paper he knew had to be filed as
required by the DARAB Adjudicator. (Olvida vs. Gonzales, A.C. No. 5732, June 6, 2015, Per
Curiam).
e. Competence and diligence
50. Y, the client, sought the services of a lawyer to assist in the naturalization of her
son who is a British national, and paid X, the lawyer, the sum of ₱80,000.00. Y
alleged that about 3 months have passed without the lawyer doing anything
substantial. Y wrote to X informing him that she was terminating his services
since the former was not satisfied with the way things are going regarding the
petition and the latter did not show up on the scheduled appointments. X failed to
return the acceptance fee in full causing Y to file a complaint before the Supreme
Court charging X with violating Canon 18 of the Code of Professional
Responsibility. X asserted that he never required Y to immediately pay him the
acceptance fee. Did X fall short of the standards imposed by Canon 18 of the Code
of Professional Responsibility?
Yes. X violated the Canon 18 of the Code of Professional Responsibility.
Rule 18.01, Canon 18 of Code of Professional Responsibility provides that a lawyer shall not
undertake a legal service which he knows or should know that he is not qualified to render.
However, he may render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter.
Here, X failed to timely and diligently deliver on his professional undertaking despite having
received fees for his services and failed to keep complainant abreast of relevant
developments in the purposes for which his services were engaged. It is proper that X be

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required to return to Y the amount of ₱80,000.00. This amount was delivered to X during Y‘s
engagement of his professional services, or in the context of an attorney-client relationship
(Murray vs. Cervantes, A.C. No. 5408, February 7, 2017, J. Leonen).
51. Y, the client who is an American citizen of Filipino descent, sought the services of
X, the lawyer, to handle the cases to be filed against his cousin A and adopted
brother B, and to work on the settlement of the estate of his late mother. X
represented that he would take on the cases and assured that the Law Firm where
was an associate was able and willing to act as his legal counsel. Being based in
the United States of America, Y maintained constant communication with X thru
email but realized that the latter made misrepresentations such that X filed the
annulment of adoption of B, that B opposed the cancellation of the adoption but
that the Judge will rule in favor of Y only if he would give to the Judge 10% of the
value of the property and that the Judge received the money promulgated the
decision in favor of Y. X constrained to give him requested amounts in belief that
he had no choice. On April 10, 2001, Y sent a demand letter after he repeatedly
requested the original or copies of decisions and the titles by email but X
repeatedly failed to comply with the requests, giving various reasons or excuses.
X tried to avoid Y by cutting off communications between them. Y wrote to the
Law Firm but the latter informed him that he had never been its client, and that X
had been forced to resign. On July 24, 2001, Y filed a complaint for disbarment in
the Supreme Court. On August 27, 2001, X filed the case for the annulment of the
adoption decree. IBP concluded that X was guilty of negligence in the
performance of his duties. Is X guilty of negligence?
Yes. X is guilty of negligence.
Rule 18.03, Canon 18 of the Code of Professional Responsibility provides that a lawyer shall
not neglect a legal matter entrusted to him and his negligence in connection therewith shall
render him liable. The mere failure of the lawyer to perform the obligations due to the client
is considered a violation. The Court has consistently held, in respect of this Rule, that the
mere failure of the lawyer to perform the obligations due to the client is considered per se a
violation.
X filed the case for the annulment of the adoption decree only on August 27, 2001after Y had
sent him the demand letter dated April 10, 2001.Such filing was already during the pendency
of the administrative investigation of the complaint against him in the IBP. Had the
complainant not threatened to charge him administratively, he would not have filed the
petition for annulment of the adoption at all.
Despite the fact that Y engaged his services and advanced sums of money to cover the court
fees and related expenses to be incurred along the way, X did not file the petition for
annulment. His conduct was reprehensible because it amounted to dishonesty and plain
deceit. His filing of the petition for annulment later on did not mitigate his sin because he did
so only because he had meanwhile received the complainant's demand letter that contained
the threat of filing administrative charges against him. Moreover, he repeatedly did not
inform the complainant on the actual status of the petition although the latter regularly
sought to be updated. Instead, the respondent kept on making up excuses and conjured up
pretenses to make it appear that the case was moving along. His conduct of accepting money
for his legal services in handling the annulment of the adoption decree, and of failing to
render the contracted legal services violated Canon 18 of the Code of Professional
Responsibility.Also, the highly fiduciary and confidential relation of attorney and client
required that he as the lawyer should promptly account for all the funds received from, or
held by him for, the complainant as the client (Domingo vs. Revilla, A.C. No. 5473, January
23, 2018, Per Curiam).

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SCHOOL OF LAW
52. Y filed a Petition to change his name and wished to remove his father’s name and
instead use his mother’s maiden name. RTC dismissed the petition and concluded
that instead of changing his name in his birth certificate, Y should have corrected
his private and public records to his true and correct name. Z, Y’s counsel, had
figured in a shooting incident and failed to report to work and filed a notice of
appeal beyond the filing period. Y filed an appeal with his new counsel, X,
reiterating Z’s excusable negligence, but was still denied for having been filed out
of time. X worked as a collaborating counsel who entered his appearance for Y,
the client, 6 months before the termination of the proceedings. Y claims that the
failure to file the appeal are bereft of carelessness or inattention on the part of Z,
and thus constitute excusable negligence. Is the claim of Y valid?
No. Y's claim for judicial relief in view of Z's alleged excusable negligence is incongruous, to
say the least, considering that Y was represented by more than one (1) lawyer.
A lawyer has the responsibility of monitoring and keeping track of the period of time left to
file an appeal. He cannot rely on the courts to appraise him of the developments in his case
and warn him against any possible procedural blunder.
Although working merely as a collaborating counsel who entered his appearance more or less
six (6) months before the termination of the proceedings a quo, X, had the bounden duty to
monitor the progress of the case. Knowing that the lead counsel was no longer participating
actively in the trial of the case several months before its resolution, X, who alone was left to
defend Y should have put himself on guard and thus anticipated the release of the decision. Z
might have been negligent but Y was never really deprived of proper representation. This fact
alone militates against the grant of the petition (Alanis III vs. CA, G.R. No. 216425, November
11, 2020, J. Leonen).
53. Y, the client, alleged that he engaged the service of X as legal counsel for Quieting
of Title initiated in RTC on the condition that she be given 30% of the land subject
of controversy instead of attorney’s fees. RTC promulgated a Decision adverse to
Y and X committed to file the Appeal before the Court of Appeals. The Appeal was
perfected and the Court of Appeals directed Y to file his Appellant’s Brief. X was
notified by Y who replied that she would have one prepared. Y followed up on the
status of the brief, but was told that there was still no word from the Court of
Appeals. Y informed X that his Appeal had been denied. X went to CA and
discovered that the Appellant’s Brief was filed beyond the reglementary period.
IBP Commissioner on Bar Discipline found that X allowed the reglementary period
for filing an Appellant’s Brief to lapse by assuming that Y no longer wanted to
pursue the case, and X had been remiss in her duties as counsel resulting in the
loss of Y’s statutory right to seek recourse with the Court of Appeals. IBP
approved the penalty of suspension from practice of law for 2 years. X filed a
Petition for Review alleging that the penalty of suspension was too severe
considering that this was the first time a Complaint was filed against her. Is X
correct?
No. The Petition of X should be denied for lack of merit.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in
connection therewith shall render him liable. Rule 18.04 provides that a lawyer shall keep the
client informed of the status of his case and shall respond within a reasonable time to the
client's request for information.
The lack of communication and coordination between X and her client was palpable but was
not due to the lack of diligence of her client. This cost Y his entire case and left him with no
appellate remedies. His legal cause was orphaned not because a court of law ruled on the

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merits of his case, but because a person privileged to act as counsel failed to discharge his
duties with the requisite diligence. X‘s assumption that complainant Y was no longer
interested to pursue the Appeal is a poor excuse. There was no proof that X exerted efforts
to communicate with his client. This is an admission that X abandoned his obligation as
counsel on the basis of an assumption. X failed to exhaust all possible means to protect Y‘s
interest, which is contrary to what she had sworn to do as a member of the legal profession.
For these reasons, X clearly violated Canon 18, Rules 18.03 and 18.04 of the Code of
Professional Responsibility. (Ramirez vs. Buhayang-Margallo, A.C. No. 10537, February 3,
2015, J. Leonen)
f. Representation with zeal within legal bounds
54. In case of postponement of trial, whose decision should prevail – the client or his
attorney? Explain the governing rule.
The lawyer‘s decision should prevail. Rule 19.03, Canon 19 of the CPR provides that a lawyer
shall not allow his client to dictate the procedure in handling the case. Further, Section 23,
Rule 138 of the ROC likewise provides that, attorneys have authority to bind their clients in
any case by any agreement in relation thereto made in writing, and in taking appeals, and in
all matters of ordinary judicial procedure.
g. Attorney’s fees
55. What are the considerations in determining attorney’s fees?
A lawyer shall be guided by the following factors in determining his fees:
a. The time spent and the extent of the services rendered or required;
b. The novelty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the proffered case;
f. The customary charges for similar services and the schedule of fees of the IBP chapter to
which he belongs;
g. The amount involved in the controversy and the benefits resulting to the client from the
service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer (Rule 20.01, Code of Professional Responsibility).
56. What is a contingency fee agreement/contract?
A contingency contract is a written contract whereby the lawyer would be paid attorney‘s fees
only if the suit or litigation ends favorably to the client. Contingent fee contracts are
permitted in this jurisdiction because they redound to the benefit of the poor client and the
lawyer especially in cases where the client has meritorious cause of action, but no means
with which to pay for legal services unless he can, with the sanction of law, make a contract
for a contingent fee to be paid out of the proceeds of litigation (Atty. Orocio vs. Angulan et.
al., G.R. No. 179892-93 January 30, 2009).
57. Is the lawyer entitled to a professional fee in a contingent fee arrangement if the
client terminates the relationship with or without cause?
Yes. When a client agrees to pay an attorney under a contingency fee agreement and
terminates the attorney before occurrence of the contingency, the attorney may recover

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SCHOOL OF LAW
based on quantum meruit. In contrast to withdrawal, this rule applies whether the client
terminates the relationship with or without cause. However, there are two exceptions to this
rule:
1. If an attorney violates the CPR, then compensation is not available and

2. If the attorney substantially performs the duties owed to the client, then the attorney
may recover the full contingency, not just quantum meruit. The substantial performance
exception only applies in the rare case where full performance is delinquent by "minor
and relatively unimportant deviations" (Ross vs. Scannell, 97 Wn.2d 598, 1982) .
58. What constitutes a champertous agreement?
A champertous agreement is similar to a contingent fee agreement wherein the lawyer will be
paid only if he is successful in handling the case. But what makes it champertous is the
provision that the lawyer will shoulder all expenses of litigation. That makes the lawyer a
businessman who invested in the case in the hope that he will profit from such investment. A
contingent fee contract is valid, while a champertous agreement is invalid. ( The Conjugal
Partnership of the Spouses Cadavedo vs. Lacaya, G.R. No. 173188, January 15, 2014 )
59. What are the kinds of attorney’s lien?
a. The retaining lien is the right of the attorney to retain the funds, documents, and papers
of his client which have lawfully come into his possession until his lawful fees and
disbursements have been paid and to apply such funds to the satisfaction thereof.
b. The charging lien is the right which the attorney has upon all judgments for the payment
of money, and executions issued in pursuance of said judgments, which he has secured in
litigation of his client (Section 33, Rule 127; Rustia vs. Abeto, G.R. No. L-47914, April 30,
1941).
60. Can a retaining lien be attached to a property which is not in the lawyer’s
possession?
No. The right of a lawyer to insure the payment of his professional fee is either to retain the
funds, documents, and papers of his client which may have lawfully come into his possession,
or to enforce it upon any judgment for the payment of money he may secure in favor of his
client. A retaining lien is dependent upon possession and does not attach to anything not in
attorney's hands (Vda de. Caiña vs. Victoriano, G.R. No. L-12905, February 26, 1959).
61. Mr. W and Mr. X engaged the services of Atty. Y for the recovery of properties
from Mr. Z. both signed a written contract of legal services stating that he would
not pay acceptance and appearance fees to Atty. Y, but the docket fees would
instead be paid by Mr. W and Mr. X. It is also stated in the contract that Mr. W and
Mr. X would pay Atty. Y 50% of whatever would be recovered of the properties.
Did Atty. Y violate the Code of Professional Responsibility?
Yes. Atty. Y violated Canon 16.04 of the CPR which states that lawyers shall not lend money
to a client, except when interests of justice, they have to advance necessary expenses in a
legal matter they are handling for the client. He violated said canon because the contract for
legal services he has executed with clients is champertous contract, an agreement whereby
an attorney undertakes to pay the expenses of the proceedings to enforce the client‘s rights
in exchange for some bargain to have a part of the thing in dispute. (Baltazar et al. vs. Atty.
Banez Jr., AC No. 9091, December 11, 2013)

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62. What is quantum meruit and when is it authorized?
The principle of quantum meruit justifies the payment of the reasonable value of the
services rendered by the lawyer and may be used to determine his compensation in the
absence of a written agreement for that purpose. ( International Hotel Corporation vs.
Joaquin, G.R. No. 158361, April 10, 2013).
It may be authorized in the following cases:
a. There is no express contract for attorney‘s fees agreed upon between the lawyer and the
client;
b. When although there is a formal contract of attorney‘s fees, the stipulated fees are bound
unconscionable or unreasonable by the court;
c. When the contract for attorney‘s fees is void due to purely formal matters or defects of
execution;
d. When the counsel, for justifiable cause, was not able to finish the case to its conclusion;
e. When lawyer and client disregard the contract of attorney‘s fees;
f. When there is a contract but no stipulation as to attorney‘s fees; and
g. When the client dismissed his counsel or the latter withdrew therefrom, for valid reasons.
h. Preservation of client's confidences
63. What are the instances where a lawyer may disclose the names of his or her
client?
While as a general rule, a lawyer may not invoke the privilege and refuse to divulge the name
or identity of his clients, this admits some exceptions. These are:
a. when there is a strong possibility that revealing the clients‘ name would implicate the
client in the very activity for which he sought the lawyer‘s advice;
b. when disclosure would open the client to civil liability; and
c. when government‘s lawyers have no case against an attorney‘s client and revealing the
clients name would furnish the only link that would form the chain of testimony necessary
to convict him (Regala vs Sandiganbayan, G.R. No. 105938, September 20, 1996).
64. When may a lawyer reveal the confidences or secrets of his client?
As a rule, a lawyer shall not reveal the confidences or secrets of his client except in the
following cases:
a. When authorized by the client after acquainting him of the consequences of the
disclosure;
b. When required by law; and
c. When necessary to collect his fees or to defend himself, his employees or associates or by
judicial action (Rule 21.1, Canon 21, Code of Professional Responsibility).
i. Withdrawal of services
65. Is failure to pay Attorney’s fees a valid ground to withdraw as counsel?
No. Although a lawyer may withdraw his services when client fails to pay the fees for the
services he has rendered, such failure must be deliberate. Mere failure to pay is not
considered deliberate when the client exerted honest efforts to fulfill his obligation (Montano
vs. IBP, A.C. No. 4215, May 21, 2001).

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SCHOOL OF LAW
66. May a lawyer withdraw from a case without notice to the client?
A lawyer cannot simply withdraw from a case without notice to the client and complying with
the requirements in Rule 138, Section 26 of the Rules of Court. Otherwise, the lawyer will be
held liable for violating Canons 17 and 18 of the Code of Professional Responsibility (Chang v.
Hidalgo, A.C. No. 6934, April 6, 2016, J. Leonen).
An attorney may retire at any time from any action or special proceeding, by the written
consent of his client filed in court. He may also retire at any time from an action or special
proceeding, without the consent of his client, should the court, on notice to the client and
attorney, and on hearing, determine that he ought to be allowed to retire. In case of
substitution, the name of the attorney newly employed shall be entered on the docket of the
court in place of the former one, and written notice of the change shall be given to the
adverse party (Section 26, Rule 138, Revised Rules of Court).
j. Duties of lawyers in case of death of parties represented
67. What is the duty of the lawyer when his or her client has died?
It is the duty of the attorney for the deceased party to inform the court of his client‘s death
and to furnish the court with the names and residences of the executor, administrator, or
legal representative of the deceased.
Whenever a party to a pending case dies, becomes incapacitated or incompetent, it shall be

the duty of his attorney to inform the court promptly of such death, incapacity or
incompetency, and to give the name and residence of his executor, administrator, guardian
or other legal representative. (Section 16, Rule 3, Revised Rules of Court)
After a party dies and the claim is not thereby extinguished, the court shall order, upon
proper notice, the legal representative of the deceased to appear and to be substituted for
the deceased, within a period of thirty (30) days, or within such time as may be granted. If
the legal representative fails to appear within said time, the court may order the opposing
party to procure the appointment of a legal representative of the deceased within a time to
be specified by the court, and the representative shall immediately appear for and on behalf
of the interest of the deceased. The court charges involved in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs. The heirs of the deceased may
be allowed to be substituted for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint guardian ad litem for the minor heirs
(Section 17, Rule 3, Revised Rules of Court).
DISQUALIFICATIONS/INHIBITION FOR JUDGES
68. Distinguish Disqualification from Inhibition.
DISQUALIFICATION INHIBITION
Grounds The Rules enumerate the specific and The Rules does not expressly enumerate
exclusive grounds under which any judge or the specific grounds for inhibition but
judicial officer is disqualified from acting as merely gives a broad basis thereof, i.e.
such. good sound or ethical grounds
Discretion Rules give the judicial officer NO Rules leave the matter of inhibition to
DISCRETION to try or sit in a case. the SOUND DISCRETION of the judge.
69. What are the grounds for mandatory or compulsory disqualification of a judge?
a. He or his wife or his child is pecuniary interested as heir, legatee, creditor or otherwise;

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b. He is related to either party within the sixth degree of consanguinity or affinity or to

counsel within the fourth civil degree;
c. When he has been an executor, guardian, administrator, trustee or counsel; and
d. When he has presided in an inferior court where his ruling or decision is subject to review
(Section 1, Rule 137, Rules of Court, as amended by A.M. No. 08-4-1 SC).
70. What are the two kinds of inhibition?
The two kinds of inhibition are the following:
a) compulsory – it is conclusively presumed that judges cannot actively andimpartially sit in

the instances mentioned.
b) voluntary - leaves to the sound discretion of the judges concerned whether to sit in a case
for other just and valid reasons(Rule 137, Sec. 1, paragraph 2), with only their conscience as
guide.
(Ramiscal, Jr. vs. Justice Hernandez, G.R. Nos. 173057-74, September 20, 2010)
DIRECT AND INDIRECT CONTEMPT
71. What are the kinds of Contempt?
a. Direct Contempt – consists of misbehavior  in the presence of or near a court or judge
as to interrupt or obstruct the proceedings before the court or the administration of
justice.
b. Indirect or Constructive Contempt – one committed away from the court involving
disobedience of or resistance to a lawful writ, process, order, judgment or command of
the court, tending to belittle, degrade, obstruct, interrupt or embarrass the court.
c. Civil Contempt – failure to do something ordered by the court which is for the benefit of
the party.
d. Criminal contempt – consists of any conduct directed against the authority or dignity of
the court.
72. Provide the ruleson direct contempt and indirect contempt.
“Rules of Court, Rule 71, Sec. 1. Direct contempt punished summarily. — A person
guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the
proceedings before the same, including disrespect toward the court, offensive personalities
toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit
or deposition when lawfully required to do so, may be summarily adjudged in contempt by
such court and punished by a fine not exceeding two thousand pesos or imprisonment not
exceeding ten (10) days, or both, if it be a Regional Trial Court or a court of equivalent or
higher rank, or by a fine not exceeding two hundred pesos or imprisonment not exceeding
one (1) day, or both, if it be a lower court.‖
“Rules of Court, Rule 71, Sec. 3. Indirect contempt to be punished after charge
and hearing. — After a charge in writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be fixed by the court and to be
heard by himself or counsel, a person guilty of any of the following acts may be punished for
indirect contempt:
a. Misbehavior of an officer of a court in the performance of his official duties or in his

official transactions;
b. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court,
including the act of a person who, afterbeing dispossessed or ejected from any real
property by the judgment or process of any court of competent jurisdiction, enters or

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SCHOOL OF LAW
attempts or induces another to enter into or upon such real property, for the purpose of
executing acts of ownership or possession, or in any manner disturbs the possession
given to the person adjudged to be entitled thereto;
c. Any abuse of or any unlawful interference with the processes or proceedings of a court
not constituting direct contempt under section 1 of this Rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
e. Assuming to be an attorney or an officer of a court, and acting as such without authority;
f. Failure to obey a subpoena duly served;
g. The rescue, or attempted rescue, of a person or property in the custody of an officer by
virtue of an order or process of a court held by him.
But nothing in this section shall be so construed as to prevent the court from issuing process
to bring the respondent into court, or from holding him in custody pending such
proceedings.‖

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C. PRACTICAL EXERCISES
PARTS OF CONVEYANCING, AFFIDAVITS
1. Draft a Deed of Absolute Sale of a Real Property (i.e. parcel of land).
DEED OF ABSOLUTE SALE
This Deed of Sale is made and entered into by and between:
(name of seller/s and personal circumstances), herein referred to as ―SELLER‖,
-and-
(name of buyer/s and personal circumstances), hereinafter referred to as ―BUYER‖.
WITNESSETH THAT:
WHEREAS, the SELLER is the absolute owner and title holder of a parcel of land located at (address of the property),
particularly described in TCT No. ________ as follows:
(Description of the property)
WHEREAS, the SELLER hereby warrants his valid title to and peaceful possession of the property herein sold and
conveyed and further declare that the same is free and clear of all liens and encumbrances of any kind whatsoever;
WHEREAS, the SELLER, is willing to sell, transfer and convey the abovementioned lot with improvements thereon to
the BUYER, free from any liens and encumbrances, and the latter has accepted the offer;
WHEREAS, the Parties mutually agree that the BUYER shall bear all the expenses for the execution and registration of
this Deed of Sale (or state any other stipulations/agreements between the parties);
NOW THEREFORE, for and in consideration of the total sum of (purchase price in words) (Php_______) Philippine
Currency, the receipt of which is hereby acknowledged in full sum from the BUYER, the SELLER hereby SELLS,
TRANSFERS, CONVEYS and DELIVERS, by way of ABSOLUTE SALE, unto said BUYER the property above described
with all the improvements existing thereon.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures, this __________________ at
_____________.
_______________________ _________________________
(Name of Seller) (Name of seller‘s spouse)
Seller Marital Consent (if necessary)
_______________________
(Name of Buyer)
Buyer
SIGNED IN THE PRESENCE OF:

_______________________________ ______________________________
[A C K N O W L E D G M E N T]

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2. Draft a Deed of Absolute Sale of a Personal Property (i.e. Motor Vehicle).
DEED OF SALE OF MOTOR VEHICLE
This Deed of Sale is made and entered into by and between:
(name of seller/s and personal circumstances), herein referred to as ―SELLER‖,
-and-
(name of buyer/s and personal circumstances), hereinafter referred to as ―BUYER‖.
WITNESSETH THAT:
WHEREAS, the SELLER is the absolute and registered owner of a motor vehicle which is more particularly described as
follows:
Make and Type : ___________

Vehicle Number : ___________
Serial/Chassis No. : ___________
Plate No. : ___________
MV FILE NO. : ___________
COLOR : ___________
WHEREAS, the SELLER hereby warrants his valid title to the property herein sold and conveyed and further declare that
the same is free and clear of all liens and encumbrances of any kind whatsoever;
WHEREAS, the SELLER, is willing to sell, transfer and convey the subject property to the BUYER, free from any liens
and encumbrances, and the latter has accepted the offer;
WHEREAS, the Parties mutually agree that (state any other stipulations/agreements between the parties);
NOW THEREFORE, for and in consideration of the total sum of (purchase price in words) (Php______) Philippine
Currency, the receipt of which is hereby acknowledged in full sum from the BUYER, the SELLER hereby SELLS,
TRANSFERS, CONVEYS and DELIVERS, by way of ABSOLUTE SALE, unto said BUYER the above-described
property.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures, this __________________ at
_____________.
_______________________ _________________________
(Name of Seller) (Name of seller‘s spouse)
Seller Marital Consent (if necessary)
_______________________
(Name of Buyer)
Buyer
SIGNED IN THE PRESENCE OF:

_______________________________ ______________________________
[A C K N O W L E D G M E N T]

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3. Draft a Judicial Affidavit.
[CAPTION]
JUDICIAL AFFIDAVIT
(of __________________)
PRELIMINARY STATEMENT
I, ____________________________, ___ years old, born on __________, (single/married) employed as

_______________ at _____________________, after having been duly sworn to in accordance with law, hereby depose
and state that:
The person examining me is Atty. ___________________ with address at ___________________;

The examination is being held at the same address; and
I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony
and perjury.
OFFER OF TESTIMONY
The testimony of the witness, (name of the witness), is being offered to prove that:
________________________________
________________________________
________________________________
EXAMINATION OF THE WITNESS
Q : _____________________________________
A : _____________________________________
Q : _____________________________________
A : _____________________________________
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________ 2019 at ___________.
___________________
Affiant
[JURAT]
ATTESTATION
I, ___________________, of legal age, Filipino, with postal address ______________________ after being duly sworn
depose and say:
1. I was the one who conducted the examination of witness ___________ at my aforementioned office in
___________________;
2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that
the witness gave; and
3. I nor any other person then present or assisting her coached the witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2019 at ___________.
ATTY. __________________
Affiant
[JURAT]
Copy furnished:
(Counsel of Other Party/ies)
(Office Address)

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4. Distinguishjurat and acknowledgment.
JURAT ACKNOWLEDGMENT
Definition a. Part of an affidavit where the a. Act of one who has executed a deed,
officer certifies that the same in going before some competent
was sworn before him; and officer or court and declaring it to be
b. Accompanies any notarized his act or deed; and
document that is declaratory in b. Accompanies any notarized document
nature. that transmits rights or properties.
Where it is a. Affidavits; a. To authenticate an agreement
Used b. Certifications; between two or more persons; and
c. Judicial Affidavit; b. Where a document pertains to a
d. Complaint; disposition of property or transfer of
e. Information; and rights (i.e. Contract of Sale, Special
f. Whenever the affiant makes a Power of Authority).
statement of facts or attests to
the truth of an event under
oath
Purpose Gives the document legal character a. To authorize the deed to be given in
evidence without further proof of its
execution; and
b. To entitle it to be recorded.
5. Draft a jurat.
SUBSCRIBED and sworn to before me this __(date)____ in _____(place)____, affiant after exhibiting to me his/her
__(valid government id)___, as competent evidence of his/her identity.
Notary Public
Commission Expires on _______
Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email address)
Doc. No. _____:

Page No. _____;
Book No. _____;
Series of 2019.

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6. Draft an acknowledgment.
Simple Acknowledgment
REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.
BEFORE ME, this ____ day of ____, 2019 in the City of _________, personally appeared:
Name Competent Evidence of Identity Place and Date of Issue

____________________ _________________________ ___________________
____________________ _________________________ ___________________
known to me to be the same persons who executed the foregoing instrument, and acknowledged that the same are their
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and place above written.
NOTARY PUBLIC
DOC/PAGE/BOOK/SERIES
Note: S.S. – abbreviation for ―Scilicet‖, which means ―to wit, namely.‖ It is the statement of the
venue. Even without the letters S.S., the document is still valid.
Acknowledgment of Instrument Consisting of Two or More Page

CITY OF ___________________ ) S.S.

____________________ _________________________ ___________________
____________________ _________________________ ___________________
known to me to be the same person who executed the foregoing instrument, and acknowledged that the same are their
free act and deed.
This instrument, consisting of __ pages, including the page on which this acknowledgement is written, has been signed on
the left margin of each and every page thereof by _________________________ and _______________________, and
their witnesses, and sealed with my notarial seal.
NOTARY PUBLIC

ARELLANO UNIVERSITY
SCHOOL OF LAW
Acknowledgment by a Corporation

CITY OF ___________________ ) S.S.

____________________ _________________________ ___________________
____________________ _________________________ ___________________
representing to be the President (or manager) of _______________________________, and known to me to be the same
person who executed the foregoing instrument for and in behalf of the said corporation, and he acknowledged to me that
the same is the corporate act and deed of _______________________________, and that he is duly authorized to sign
the same.
NOTARY PUBLIC
Note: In Acknowledgment by a juridical entity, always attach the appropriate Secretary‘s Certificate,
Board Resolution, and Special Power of Attorney, as the case may be, authorizing the person to sign
for the corporation.
Acknowledgment of Instrument Conveying Two or More Parcels of Land

CITY OF ___________________ ) S.S.

____________________ _________________________ ___________________
____________________ _________________________ ___________________
known to me to be the same person who executed the foregoing instrument, and acknowledged that the same are their
free act and deed.
This instrument relates to the sale (or mortgage) of ______________ parcels of land, and consists of ____ pages,
including the page on which this acknowledgement is written, has been signed on the left margin of each and every page
thereof by _________________________________ and __________________________ and their witnesses, and sealed
with my notarial seal.
NOTARY PUBLIC

20 21
22
PRE-WEEK NOTES
DAY 2
PARTS OF PLEADINGS, MOTIONS
7. Draft a Verification.
[JURAT]
Note: Except when otherwise specifically required by law or rule, pleadings need notbe under oath or
verified. (Sec. 4, Rule 7, 1997 Rules of Civil Procedure, as amended)
8. Draft a Certification Against Forum Shopping.
REPUBLIC OF THE PHILIPPINES)

City of ___________________ ) S.S.
CERTIFICATION AGAINST FORUM SHOPPING
I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in accordance with law,
depose and state that:
I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused the preparation of the
foregoing petition (complaint/pleading);
I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or claim is pending therein;
If there is such other pending action or claim, I will furnish this Honorable Court with a complete statement of the present
status thereof; and
If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact
within five (5) days therefrom to this Honorable Court wherein my aforesaid petition (complaint/pleading) has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, 2019 at (Place of Execution),
Philippines.
(NAME OF AFFIANT)
AFFIANT
[JURAT]Center for Legal Education And Research | 111

ARELLANO UNIVERSITY
SCHOOL OF LAW
9. Draft a Verification and Certification of Non-forum Shopping.
[JURAT]

20 21
22
PRE-WEEK NOTES
DAY 2
10. Draft a Motion for Extension of Time.
[CAPTION]
MOTION FOR EXTENSION
Defendant through undersigned counsel in the above-entitled case respectfully alleges that:
The defendant was served with summons and a copy of the complaint on _____ and consequently has only up to ____
within which to file an Answer;
The undersigned counsel has started to prepare the Answer but, unfortunately, due to pressure of work in attending to
other equally important cases, he will need additional time of 15 days from _____, to complete and file the same;
That this motion is being filed solely for the foregoing reason and not for purposes of delay.
WHEREFORE, it is respectfully prayed that defendant be given an extension of time of 15 days from _____, within which to
file an Answer to the Complaint.
City of ___, Philippines, (date)_.
ATTY. ______________
Counsel for Defendant
(Office Address)
Copy furnished:
Name and Address of Counsel
and Other Parties
[PROOF OF SERVICE]

ARELLANO UNIVERSITY
SCHOOL OF LAW
11. Draft a Motion to Dismiss on the ground of prescription.
[CAPTION]
MOTION FOR DISMISS
COMES NOW the defendant, through counsel, to this Honorable Court most respectfully avers:
In the Complaint, it was stated that his obligation was due last _____;
Nothing was mentioned therein thereafter he acknowledged in writing said obligation or that the plaintiff made a demand
for its payment therefore, that obligation has, by now, prescribed (cite the peculiarity of your case and the appropriate
ground/s for dismissal);
This motion is not intended for delay.
WHEREFORE, it is respectfully prayed that Complaint be dismissed on the ground of prescription of action (or other
ground/s as the case may be).
ATTY. ______________
(Office Address)
12. Draft
(Contact Details a Motion
– Phone to Declare
number Defendant
and/or email address) in Default.
[NOTICE OF HEARING]
Copy furnished:
and Other Parties
[PROOF OF SERVICE/EXPLANATION]

20 21
22
PRE-WEEK NOTES
DAY 2
15. Draft aMotion to Declare Defendant in Default.
[CAPTION]
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFF, by counsel, to this Honorable Court most respectfully states that:
Plaintiff filed its Complaint against Defendant on ______; summons were served on Defendant on _______, as indicated
by the Sheriff‘s Return on even date, a copy of which is attached as “ANNEX A.”
Defendant‘s reglementary period to file Answer ended on _____; no motion for extension of such period was filed nor was
any granted motu propio by this Honorable Court; and
Despite the lapse of time, Defendant has failed to answer the Complaint against her; Plaintiff is entitled to a declaration of
default and right to present evidence ex parteagainst Defendant.
- END -
WHEREFORE, it is respectfully prayed that Defendant be declared in default and that Plaintiff be allowed to present
evidence ex parte before the Clerk of Court acting as Commissioner.
ATTY. ______________
(Office Address)
[NOTICE OF HEARING]
Copy furnished:
and Other Parties
[PROOF OF SERVICE/EXPLANATION]
- HAIL TO THE CHIEFS! -

AUSL Procedure and Professional Ethics

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AUSL Procedure and Professional Ethics

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EXECUTIVE COUNCIL

JAYSON FRANCISCO JULIAN PAOLO FABROS LOUIE JOHN BAYON

REA MAY HERMOSURA MA. ISIS DANIELLE VOLANTE CRISTOBAL RABINO

MIKYLA CORDERO TIMOTHY JAMES PACSON ARRIANE SANGALANG

REMEDIAL LAW COMMISSION

LEGAL AND JUDICIAL ETHICS COMMISSION

ATTY. ANTONY J. PARREÑO

ALL RIGHTS RESERVED © 2021-2022

1. What are the different aspects of Jurisdiction?

Meaning How Conferred/Acquired

It is the legal power of the court to render 2. Defendant/Co-Defendant/3rd-4th-5th

Center for Legal Education And Research | 1

parties, when issues not raised by the

1. By the seizure of the property under

2. What is the Doctrine of Adherence to Jurisdiction or Continuity of Jurisdiction?

The Doctrine of Adherence to Jurisdiction or Continuity of Jurisdiction provides that jurisdiction,

4. Discuss the Jurisdiction of Small Claims, Summary Procedure, and Barangay

Jurisdiction Small Claims Cases Summary Procedure Barangay Conciliation

Bar Operations Commissions | 2

Jurisdiction Small Claims Cases Summary Procedure Barangay Conciliation

Center for Legal Education And Research | 3

Jurisdiction Small Claims Cases Summary Procedure Barangay Conciliation

Bar Operations Commissions | 4

a. Actions in which the subject of litigation is incapable of pecuniary estimation;

6. Determine the court’s jurisdiction on the following actions:

a. An action for foreclosure of mortgage where the mortgaged property’s assessed

c. An action filed on November 2, 2018 to recover the possession of a condo unit in

Center for Legal Education And Research | 5

Bar Operations Commissions | 6

10. Differentiate the kinds of civil actions and give an example.

Action in Personam Actions in Rem Actions Quasi in Rem

11. Is it possible to convert an action in personam to an action in rem or quasi in rem?

Center for Legal Education And Research | 7

13. What is the importance of joinder of indispensable parties?

The joinder of indispensable parties is mandatory. The presence of indispensable parties is

14. Distinguish a necessary party from an indispensable party.

Necessary Parties Indispensable Parties

Bar Operations Commissions | 8

a. Rule on the propriety of the dismissal based on lack of jurisdiction.

b. Was the venue properly laid in this case?

18. What is a compulsory counterclaim, when should it be raised?

Center for Legal Education And Research | 9

19. Distinguish compulsory counterclaim and permissive counterclaim.

Compulsory Counterclaim Permissive Counterclaim

20. What are the three (3) modes of Specific Denial?

Bar Operations Commissions | 10

Note:It is settled that denials based on lack of knowledge or information of matters

June 13, 2003

Certification against forum

Center for Legal Education And Research | 11

that strict compliance with the Rule

XPN: If, however, for reasonable or

25. What is the effect of the amendment on the original pleading?

Bar Operations Commissions | 12

26. When should a party file his or her responsive pleading?

Responsive Pleading Period to File

Answer to the Complaint Foreign private juridical entity

27. Can a defendant file an extension to file an answer?

Center for Legal Education And Research | 13

33. When is there presumptive service?

34. When is a service deemed complete service? How can it be proven?

Bar Operations Commissions | 14

Mode of Service Completeness of Service Proof of Service

35. How shall filing be proved?