REMEDIAL LAW MNEMONICS

CIVIL PROCEDURE

PROHIBITED PLEADINGS IS SMALL CLAIMS CASES [BREN MID TP RID]

B Motion for a Bill of particulars

R Petition for Relief from judgment;
E Motion for Extension of time to file pleadings, affidavits or any other paper
N Motion for New trial, or for reconsideration of a judgment, or for reopening of trial

M Memoranda
I Petition for certiorari, mandamus, or prohibition against any Interlocutory order issued by the
court
D Motion to Dismiss the complaint

T Third-party complaints
P Dilatory motions for Postponement

R Reply and rejoinder

I Interventions
D Motion to declare the defendant in Default

AFFIRMATIVE DEFENSES UNDER THE FIRST PARAGRAPH OF SECTION 5(B) OF RULE 6 [PDEA – IF2RS2]

P Payment
D Discharge in bankruptcy
E Estoppel
A Any other matter by way of confession and avoidance

I Illegality
F2 Fraud
Former recovery
R Release
S2 Statute of limitations (Prescription)
Statute of frauds

TO WHOM SUMMONS ON DOMESTIC PRIVATE JURIDICAL ENTITIES MAY BE SERVED [PM - GCTI]

P President
M Managing partner

G General manager
C Corporate secretary
T Treasurer
I In-house counsel
NON-LITIGIOUS MOTIONS [W2P – SEA2]

W2 Motion for the issuance of a Writ of possession

Motion for the issuance of a Writ of execution;
P Motion for Postponement

S Motion for the issuance of an order directing the Sheriff to execute the final certificate of sale
E Motion for Extension to file answer
A2 Motion for the issuance of an Alias summons
Motion for the issuance of an Alias writ of execution

PROHIBITED MOTIONS [PARES Dismiss]

P Motion for Postponement intended for delay, save for certain exceptions
A Motion to hear Affirmative defenses
R Motion for Reconsideration of the court's action on the affirmative defenses
E Motion for Extension of time to file pleadings, affidavits or any other papers, except a motion
for extension to file an answer;
S Motion to Suspend proceedings without a temporary restraining order or injunction issued by
a higher court

Dismiss Motion to dismiss, except for certain grounds

DISMISSALS WITH PREJUDICE BY MOTION TO DISMISS OR AFFIRMATIVE DEFENSES [SWAPPER] – Subject to the right of
appeal, an order granting a motion to dismiss or an affirmative defense based on the following shall bar the refiling of
the same action:

S The claim or demand of the plaintiff has been unenforceable under the Statute of Frauds
W The claim or demand of the plaintiff has been Waived
A The claim or demand of the plaintiff has been Abandoned
P Prescription
P The claim or demand of the plaintiff has been Paid
E The claim or demand of the plaintiff has been Extinguished
R Res judicata

OTHER DISMISSALS WITH PREJUDICE [MP – FAD3] - The following dismissal shall likewise bar the refiling of the same
action:

M Plaintiff’s Misrepresentation that he or she has served summons to the defendant, in cases
where plaintiff is authorized by the court to serve summons
P Failure of the party to file his or her Pre-trial brief (Sec. 5 and 6, Rule 18)

F Willful and deliberate Forum shopping by the party or his or her counsel (Sec. 5, Rule 7)
A Failure of the plaintiff or counsel to Appear, without valid cause, during the pre-trial,
courtannexed mediation, and judicial dispute resolution (Secs. 3 and 5, Rule 18)
D3 Dismissal by notice of the plaintiff where such notice provides that the dismissal is with
 prejudice (Sec. 1, Rule 17)
Dismissal by notice of the plaintiff covered by the two-dismissal rule
Dismissal by motion of the plaintiff and the court orders that it is with prejudice. (Sec. 2, Rule
17)

LEGAL INTEREST [MIDAS] - The interest contemplated by law must be:

M Material
I Immediate, not simply contingent or expectant
D Direct
A Actual
S Substantial

REQUISITES FOR INTERVENTION [L(masa)DP]

L A person has Legal interest:

M In the Matter in litigation
A An interest Against the parties
S In the Success of any of the parties
A He is so situated as to be Adversely affected by a distribution or disposition of property in the
custody of the court or an officer thereof
D The intervention will not unduly Delay or prejudice the adjudication of the rights of the original parties
P The intervenor’s rights may not be fully Protected in a separate proceeding

TESTS FOR A VALID SUBPOENA DUCES TECUM [DR]

D Test of Definiteness – Whether the subpoena calls for the production of specific documents,
or rather for specific proof
R Test of Relevancy – Whether that proof is prima facie sufficiently relevant to justify enforcing
its production

WHO MAY ISSUE A SUBPOENA [SODA]

S Any justice of the Supreme Court or of the Court of Appeals in any case or investigation
pending within the Philippines
O The Officer or body authorized by law to issue a subpoena in connection with investigations
conducted by said officer of body
D The court of the place where the Deposition is to be taken
A The court before whom the witness is required to Attend
QUASHING A SUBPOENA DUCES TECUM [POWiR] – The quashal must be based on the following grounds:

P The person in whose behalf the subpoena was issued failed to advance the reasonable cost of
the Production
O The subpoena is unreasonable and Oppressive
Wi The person in whose behalf the subpoena was issued failed to tender WItness fees and
kilometrage
R The Relevancy of the books, documents, or things sought to be produced does not appear

MODES OF DISCOVERY UNDER THE RULES OF COURT [P2AD2I]

P2 Production or inspection of documents or things (Rule 27)

Physical and mental examination of persons (Rule 28)
A Admission by adverse party (Rule 26)
D2 Depositions pending action (Rule 23)
Depositions before action or pending appeal (Rule 24)
I Interrogatories to parties (Rule 25)

USE OF DEPOSITIONS [PADRE] - If the deponent is a witness, whether or not a party to the case, his/her deposition may
be used by any party for any purpose if the court finds that:

P The party offering the deposition has been unable to Procure the attendance of the witness
by subpoena
A The witness is unable to attend or testify because of Age, sickness, infirmity or imprisonment
D The witness is Dead
R The witness Resides at a distance more than one hundred (100) kilometers from the place of
trial or hearing, or is out of the Philippines (UNLESS it appears that his/her absence was
procured by the party offering the deposition)
E Upon application and notice, that such Exceptional circumstances exist as to make it
desirable, in the interest of justice to allow the deposition to be used

REQUISITES IN ORDER THAT A PARTY MAY COMPEL THE OTHER PARTY TO PRODUCE OR ALLOW THE INSPECTION OF
DOCUMENT OR THINGS [MoNDe - PEP]

Mo The party must file a Motion for the production or inspection of documents or things,
showing good cause therefor
N Notice of the motion must be served to all other parties of the case
De The motion must Designate the documents, papers, books, accounts, letters, photographs,
objects or tangible things which the party wishes to be produced and inspected

P Such documents, etc., are not Privileged

E Such documents, etc., constitute or contain Evidence material to any matter involved in the
action
P Such documents, etc., are in the Possession, custody or control of the other party
REFERENCE ORDERED BY THE COURT [ECQT] – Reference to a commissioner may be made by the court in only the
following cases:

E When the trial of an issue of fact requires the Examination of a long account on either side, in
which case the commissioner may be directed to hear and report upon the whole issue or any
question involved
C When Carrying a judgment or order into effect
Q When a Question of fact, other than upon the pleadings, arises upon motion or otherwise, in
any stage of the case
T When the Taking of an account is necessary for the information of the court before judgment

WHEN JUDGMENT ON THE PLEADINGS MADE [FO] – The court upon motion of the claimant on the ground that an
answer:

F Fails to tender an issue; or

O Otherwise admits the material allegations of the adverse party’s pleading.

EXCEPTIONS TO THE IMMUTABILITY OF FINAL JUDGMENTS [CiNu Vo Co]

Ci Whenever Circumstances transpire after the finality of the decision rendering its execution
unjust and inequitable
Nu Nunc pro tunc entries which cause no prejudice to any party

Vo Void judgments

Co Correction of clerical errors

RES JUDICATA – BAR BY PRIOR JUDGMENT [F-JIM] – To be an absolute bar to the subsequent action, the following
requisites must concur:

F There must be a Final judgment or order

J The court rendering it must have Jurisdiction over the subject matter and the parties
I There must be between the two cases Identity of parties, subject matter and causes of action
M It must be a judgment or order on the Merits

GROUNDS FOR MOTION FOR RECONSIDERATION [ICE]

I Insufficient evidence (factual ground)

C Contrary to law (legal ground)
E Excessive damages
REQUISITES OF NEWLY-DISCOVERED EVIDENCE [MARC]

M It is Material, not merely cumulative, corroborative or impeaching

A The evidence was discovered After trial
R Such evidence could not have been discovered and produced at trial despite the exercise of
Reasonable diligence
C It is of such weight that, if admitted, will probably Change the judgment

EXCEPTIONS TO THE GENERAL RULE UNDER RULE 45 THAT ONLY QUESTIONS OF LAW MAY BE RAISED IN APPEALS
FROM RTC TO SC [C4 – GSMB – MF]

C4 When the factual findings of the Court of Appeals and the trial court are Contradictory
When the findings of fact are themselves Conflicting
When the findings of fact are Conclusions without citation of the specific evidence on which
they are based
When the findings of fact of the Court of Appeals are premised on the absence of evidence
but the evidence on record Contradicts such findings

G When there is a Grave abuse of discretion in the appreciation of facts

S When the conclusion is a finding grounded entirely on Speculation, surmises, or conjectures
M When the inference made by the Court of Appeals from its findings of fact is manifestly
Mistaken, absurd, or impossible
B When the appellate court, in making its findings, went Beyond the issues of the case and such
findings are contrary to the admissions of both appellant and appellee

M When the judgment of the Court of Appeals is premised on a Misapprehension of facts

F When the Court of Appeals Failed to notice certain relevant facts which, if properly
considered, would justify a different conclusion

RESIDUAL JURISDICTION OF THE COURT [WIPE App] – Prior to the transmittal of the original record or record on appeal,
the court which rendered judgement may:

W Allow Withdrawal of the appeal

I Permit appeals of Indigent litigants
P Issue orders for the Protection and preservation of the rights of the parties, which do not
involve any matter litigated by the appeal
E Order Execution pending appeal in accordance with Sec. 2, Rule 39;

App Approve compromises

DISMISSAL OF APPEAL [UP-PDP-SCAN] – Sec. 1, Rule 50 lists 9 grounds wherein the CA may, on its own motion or on
that of the appellee, dismiss an appeal. These are:

U Unauthorized alterations, omissions or additions in the approved record on appeal as

 provided in Section 4 of Rule 44
P Failure of the record on appeal to show on its face that the appeal was taken within the
Period fixed by these Rules

P Failure to file the notice of appeal or the record on appeal within the Period prescribed by
these Rules
D Failure of the appellant to pay the Docket and other lawful fees as provided in section 5, Rule
40 and section 4 of Rule 41
P Failure of the appellant to appear at the Preliminary conference under Rule 48 or to comply
with orders, circulars, or directives of the court without justifiable cause

S Failure of the appellant to Serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules
C Failure of the appellant to take the necessary steps for the Correction or completion of the
record within the time limited by the court in its order
A Absence of specific assignment of errors in the appellant's brief, or of page references to the
record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44
N The fact that the order or judgment appealed from is Not appealable

PROPERTIES EXEMPT FROM EXECUTION [THoN – F2L2OP2S2]

T Three (3) horses, cows, carabaos, or other beast of burden necessarily used in his/her
ordinary occupation
Ho Family Home, or homestead, land necessarily used in connection therewith
N Necessary clothing and articles for ordinary personal use, except jewelry

F2 Household Furniture and utensils necessary for housekeeping that has value not exceeding
P100K
One Fishing boat and accessories value of which does not exceed P100K used in livelihood
L2 Professional Libraries and equipment
Lettered gravestones
O Ordinary tools and implements used in trade, employment, or livelihood
P2 Provisions for individual or family use sufficient for 4 months
Monies, benefits, Privileges, or annuities accruing out of any life insurance
S2 Salaries, wages, or earnings as are necessary for support of family within 4 months preceding
levy
Properties Specially exempt from execution

RECOVERY OF PRICE IF SALE NOT EFFECTIVE; REVIVAL OF JUDGMENT [TIRE] - The purchaser may recover the purchase
price if the purchaser or his/her successor-in-interest is evicted therefrom:

T Because a Third person has vindicated his/her claim to the property

I In consequence of Irregularities in the proceedings concerning the sale
R Because the judgment has been Reversed or set aside
E Because the property sold was Exempt from execution
 CRIMINAL PROCEDURE

EXCLUSIVE ORIGINAL JURISDICTION OF THE MUNICIPAL TRIAL COURT [C3-BONDS]

C3 Over all violations of City or municipal ordinances committed within their respective territorial
jurisdictions
Over all offenses punishable with imprisonment of not more than 6 years irrespective of the
amount of fine (prision Correccional)
??? Over all offenses punishable with fine only amounting to not more than P4,000.00 without
the penalty of imprisonment

B In cases of summary procedure for violations of B.P. 22

O Over all offenses (except violations of RA 3019 and Arts. 210 to 212 of RPC) committed by
public officers and employees in relation to their Office, including those employed in GOCCs
and by private individuals charged as co-principals, accomplices or accessories, punishable
with imprisonment of not more than 6 years or where none of the accused holds a position
classified as Grade “27” and higher
N In all cases of damage to property through criminal Negligence, regardless of other penalties
and the civil liabilities arising therefrom
D Jurisdiction over cases where the imposable penalty is Destierro considering that in the
hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto
mayor which involves imprisonment
S Summary procedure in cases of traffic violations, violations of the rental law, violations of city
or municipal ordinances, violations of BP 22, and all other offenses where the penalty does
not exceed 6 months imprisonment and/or P1,000 fine, irrespective of other penalties or civil
liabilities arising therefrom, and in offenses involving damage to property through criminal
negligence where the imposable fine does not exceed P10,000

WHEN INJUNCTION MAY BE USED TO RESTRAIN CRIMINAL PROSECUTION; EXCEPTIONS [AID-PNP-CAMP] – As a

general rule, writs of injunction or prohibition to restrain a criminal prosecution are NOT available. The following are the
exceptions:

A When necessary for the orderly Administration of justice or to avoid oppression or multiplicity
of actions
I Where the prosecution is under an Invalid law, ordinance or regulation
D When Double jeopardy is clearly apparent

P To afford adequate Protection to the constitutional rights of the accused

N Where the court has No jurisdiction over the offense
P When there is a Prejudicial question which is sub judice

C When there is Clearly no prima facie case against the accused and the motion to quash on
that ground has been denied
A When the acts of the officer are without or in excess of Authority
M Where the charges are manifestly false and Motivated by the lust for vengeance
P Where it is a case of Persecution rather than prosecution
SUFFICIENCY OF COMPLAINT OR INFORMATION [PANDAN] – A complaint or information is sufficient if it states the:

P Place where the offense was committed

A Acts or omission complained of as constituting the offense
N Name of the accused
D Designation of the offense by a statute
A Approximate date of the commission of the offense
N Name of the offended party

WHEN BAIL SHOULD BE DENIED [PAFER] – If the penalty imposed by the trial court is imprisonment exceeding 6 years,
the accused shall be denied bail or his bail be cancelled upon a showing by the prosecution of the following:

P That he committed the offense while under Probation, parole or conditional pardon
A That there is undue risk that he may commit Another crime during the pendency of the
appeal
F That the circumstances of his case indicate the probability of Flight if released on bail
E That he has previously Escaped from legal confinement, evaded sentence or violated the
condition of his bail without valid justification
R Accused is a Recidivist, quasi-recidivist or habitual delinquent or has committed the crime
aggravated by the circumstance of reiteration

REQUISITES OF A PROVISIONAL DISMISSAL [CCNP]

C Consent of the prosecutor

C Consent of the accused;
N Notice to the offended party
P Public prosecutor is served with a copy of the order of provisional dismissal

EXCLUSIONS IN COMPUTING 180-DAY PERIOD OF TRIAL [CAMP-DJ]

C Continuance
A Delay resulting from Absence or unavailability of an essential witness
M Mental incompetence or physical inability of the accused to stand trial
P Information dismissed upon motion of the Prosecutor

D Delay by reason of the accused

J Accused is Joined for trial with a coaccused

DELAY BY REASON OF THE ACCUSED [POEA-PIE]

P Existence of a Prejudicial question

 O Proceedings with respect to Other criminal charges
E Extraordinary remedies and interlocutory orders
A Reasonably Attributable to any period, not exceeding 30 days

P Pre-trial proceedings not exceeding 30 days

I Orders of Inhibition, or proceedings related to change of venue or transfer from other courts
E Examination of the physical and medical condition

REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS [OSAMA]

O No Other direct evidence available for the prosecution

S Testimony of said accused can be Substantially corroborated in its material points
A There is Absolute necessity for the testimony of the accused whose discharge is requested
M Accused has never been convicted of a crime involving Moral turpitude
A Accused does not Appear to be the most guilty

PROHIBITED MOTIONS [PPQ-BIRA]

P Motions for judicial determination of Probable cause

P Petition to suspend the criminal action on the ground of Prejudicial question and no civil case
has been filed
Q Motion to Quash information when the grounds stated are not in Sec. 3 Rule 117

B Motion for Bill of particulars that does not conform to Sec. 9, Rule 116
I Motion for preliminary Investigation if filed beyond the five (5)-day reglementary period in
inquest proceedings
R Motion for Reinvestigation of the prosecutor when the motion is filed (1) without prior leave
of court; (2) when preliminary investigation is not required under Sec. 8 Rule 112, and when
the preliminary investigation is required and has been conducted, the grounds not being
meritorious
A Motion to suspend the Arraignment If motion is based on grounds not stated in Sec. 11, Rule
116

WHEN JUDGMENT BECOMES FINAL [LAWS] – As a general rule, judgment becomes final after:

L Lapse of period for appeal

A Accused has Applied for probation
W Accused Waives in writing his right to appeal
S Sentence partially or totally Served

ELEMENTS OF NEWLY DISCOVERED EVIDENCE [NARC]

N It is New and material evidence

A New evidence discovered After trial
 R It could not have been previously discovered and produced at the trial even with Reasonable
diligence
C If introduced and admitted, it would probably Change judgment

AUTHORITY OF THE EXECUTIVE JUDGE AND VICE-EXECUTIVE JUDGE RE SEARCH WARRANTS IN MANILA AND QUESZON
CITY [GLHF-DT] – Executive Judges of the RTC’s of Manila and Quezon City may issue search warrants outside their
territorial jurisdiction for the following crimes:

G Illegal Gambling
L Anti-Money Laundering Act
H Heinous crimes
F Illegal possession of Firearms

D Dangerous Drugs
T Violation of Tariff and Customs Code

LIMITATIONS OF SEARCH INCIDENTAL TO LAWFUL ARREST [DaUP] – The search is limited to the following:

Da For Dangerous weapons

U Anything which may have been Used in the commission of an offense
P Anything which constitute Proof in the commission of the crime

REQUISITES OF CHECK POINTS [BEVS]

B Passengers not subjected to Body search

E Under Exceptional circumstances, as where: (a) Survival of the government is on the balance,
or (b) Lives and safety of the people are in peril
V Limited to Visual search
S Vehicle not Searched

REQUISITES OF PLAIN VIEW SITUATION [PIA-Further]

P A Prior valid intrusion

I Evidence was Inadvertently discovered by the police.
A The evidence must be immediately Apparent

Further Plain view is justified seizure of evidence without Further search

REQUISITES STOP AND FRISK SITUATION [FRISC]

F There is reasonable Fear for his own or other’s safety

R Makes Reasonable inquiries
 I Identifies himself as a policeman upon approach
S Reasonable Suspicion that person is engaged in some type of criminal activity
C Police officer observes unusual Conduct

VENUE (CYBERCRIME WARRANTS) [CDO] – Criminal actions for violation of RA10175 shall be filed before a cybercrime
court of the province or city where:

C Any part of the Computer system used is situated

D Any of the Damage caused to a natural or juridical person took place
O The Offense or any of its elements is committed

AUTHORITY OF LAW ENFORCEMENT AUTHORITIES UNDER A WARRANT TO INTERCEPT COMPUTER DATA [SuRe-LiMo]
– WICD authorizes law enforcement authorities to:

Su Conduct Surveillance of content of communications

Re Record content of communications

Li Listen to content of communications

Mo Monitor content of communications
 EVIDENCE

ESTOPPEL IN PAIS; REQUISITES AS TO THE PARTY TO BE ESTOPPED [CIK]

C Conduct amounting to false representation or concealment

I Intent or at least expectation that the conduct shall be acted upon
K Knowledge, actual or constructive, of the real facts

ESTOPPEL IN PAIS; REQUISITES AS TO THE PARTY CLAIMING ESTOPPEL [LRA]

L Lack of knowledge of truth as to the facts in question

R Reliance in good faith upon the conduct or statements of the party to be estopped
A Action or inaction based thereon led to his detriment or prejudice

INFERENCE OF GUILT ARISING FROM POSSESSION OF RECENTLY STOLEN GOODS [ARPU] – The doctrinal rule is that
before an inference of guilt arising from possession of recently stolen goods can be made, the following basic facts need
to be proved by the prosecution:

A The crime was Actually committed

R The crime was committed Recently
P The stolen property was found in the Possession of the accused
U The accused is Unable to satisfactorily explain his possession thereof

INSTANCES WHEN THE PRESUMPTION OF REGULARITY CANNTO BE INVOKED [FADI]

F Where the official act in question is irregular on its Face

A In writ of Amparo cases
D When there is gross Disregard of the procedural safeguards set forth in Republic Act No. 9165
I In custodial Investigations

REQUISITES OF CIRCUMSTANCTIAL EVIDENCE [M FaC] – For circumstantial evidence to suffice to convict an accused, the
following requisites must concur:

M There is More than one circumstance;

Fa The Facts from which the inferences are derived are proven
C The combination of all the circumstances is such as to produce a Conviction beyond
reasonable doubt
REQUISITES OF ADMISSIBILITY [F/O RAW]

F/O The object must be Formally Offered in evidence

R The object must be Relevant to the fact in issue

A The object must be Authenticated before it is admitted
W The authentication must be made by a competent Witness

ADMISSIBILITY OF TAPE RECORDINGS [VACCIn PO] – Before a tape recording is admissible in evidence and given
probative value, the following requisites must first be established:

V A showing that the testimony elicited was Voluntarily made without any kind of inducement
A Establishment of the Authenticity and correctness of the recording
C A showing that the recording device was Capable of taking testimony
C A showing that Changes, additions, or deletions have not been made
In Identification of the speakers

P A showing of the manner of the Preservation of the recording

O A showing that the Operator of the device was competent

NON-COMPLIANCE WITH THE DOCTRINE OF CHAIN OF CUSTODY; EXCEPTIONS [JuIn] – As a general rule, non-
compliance is fatal; the accused’s arrest becomes illegal. The following circumstances are the exceptions, where non-
compliance is not fatal and will not make the accused’s arrest illegal nor render the items seized as inadmissible:

Ju There is Justifiable ground; and

In The Integrity and evidentiary value of the items are properly preserved

DNA TESTING ORDER [BSP POP] – The order for a DNA testing shall not, however, be issued as a matter of course and
from the mere fact that the person requesting for the testing has a legal interest in the litigation. For the order to be
issued:

B A Biological sample exists that is relevant to the case

S The DNA testing uses a Scientifically valid technique
P The biological sample: (i) was not Previously subjected to the type of DNA testing being
requested; or (ii) was previously subjected to DNA testing, but the results may require
confirmation for good reasons

P The DNA testing has the scientific Potential to produce new information that is relevant to the
proper resolution of the case
O The existence of Other factors, if any, which the court may consider as potentially affecting
the accuracy of integrity of the DNA testing
P There must be a prima facie showing of relationship or Paternity
POST-CONVICTION DNA TESTING [ERR] – A person convicted under a final and executory judgement may still avail
himself of DNA testing. It may be available to (a) the prosecution, or (b) the person convicted by a final and executory
judgement, provided that the following requirements are met:

E A biological sample Exists

R Such sample is Relevant to the case
R The testing would probably result in the Reversal or modification of the judgement of
conviction

DATA TO BE CONSIDERED IN ASSESSING THE PROBATIVE VALUE OF DNA EVIDENCE [CHP ASA]

C How the samples were Collected

H How they were Handled
P Possibility of contamination

A Procedure followed in Analyzing the samples

S Whether proper Standards of procedure were followed in conducting the tests
A Qualification of the Analyst who conducted the test

ORIGINAL DOCUMENT RULE, WHEN NOT APPLICABLE [LP NPC]

L When the original is Lost or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror
P 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, or the original
cannot be obtained by local judicial processes or procedures

N 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
P When the original is a Public record in the custody of a public officer or is recorded in a public
office
C When the original is not closely-related to a Controlling issue

BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE [NKRR] – A memorandum made by electronic, optical or
other similar means is an exception to the hearsay rule provided that the following are shown by the testimony of the
custodian or other qualified witness:

N That it was made at or Near the time of or from transmission or supply of information
K That it was made by a person with Knowledge thereof
R That it was kept in the Regular course or conduct of a business activity
R That such was the Regular practice to make the memorandum, report, record, or data
compilation by electronic, optical or similar means
JUSTIFYING REFORMATION OF WRITTEN INSTRUMENT UPON THE GROUND OF MISTAKE [FAM] – To justify the
reformation of a written instrument upon the ground of mistake, the concurrence of three things is necessary:

F Mistake should be of Fact

A The mistake should be Alleged and proved by clear and convincing evidence
M Mistake should be Mutual or common to both parties to the instrument

WHEN A PRIVATE WRITING REQUIRES AUTHENTICATION; PROOF OF A PRIVATE WRITING [SaGO] – Before any private
document offered as authentic is received in evidence, its due execution and authenticity must be proved by any of the
following means:

Sa By anyone who Saw the document executed or written

G By evidence of the Genuineness of the signature or handwriting of the maker
O By Other evidence showing its due execution and authenticity

WHEN EVIDENCE OF AUTHENTICITY OF A PRIVATE WRITING IS NOT REQUIRED [SAAN]

S When the genuineness and authenticity of an actionable document have not been Specifically
denied under oath by the adverse party
A Ancient Documents
A When the genuineness and authenticity of the document have been Admitted
N When the document is Not being offered as authentic

HOW A JUDICIAL RECORD IS IMPEACHED [Fr. WaC] – Any judicial record may be impeached by evidence of:

Fr. Fraud in the party offering the record, in respect to the proceedings

Wa Want of jurisdiction in the court or judicial officer

C Collusion between the parties

HOW A PARTY MAY ACCOUNT FOR ALTERATION IN A DOCUMENT [C2PA]

C2 It was made with the Consent of the parties affected by it

The alteration did not Change the meaning or language of the instrument
P It was otherwise Properly or innocently made
A The alteration was made by Another, without his or her concurrence

QUALIFICATIONS OF A WITNESS; EXCEPTIONS [CTPM] – As a general rule, all persons who can perceive, and perceiving,
can make known their perception to others, may be witnesses; EXCEPT as provided by law or the Rules, such as:

C Disqualification by reason of privileged Communication

T Privilege relating to Trade secrets
 P Parental and filial privilege
M Disqualification by reason of Marriage

PRIVILEGED COMMUNICATIONS [HAPPP]

H Husband and Wife

A Attorney and Client
P Physician and Patient
P Priest and Penitent
P Public Officers

WHEN THE PRIVLEGE (PRVLEGED COMMUNICATION) DOES NOT APPLY [WIND CEBO]

W When there is Waiver

I When the information was Intended to be public, such as results of physical and mental
examinations ordered
N When the information was Not Necessary for the proper treatment of the patient
D Where an action for Damages is brought by the patient against his physician

C When the case is a Criminal case

E When the physician is presented as an Expert witness and the facts testified to are merely
hypothetical
B When the testimony refers to information regarding a patient which the physician acquired
either Before the relation of physician and patient began or after its termination
O If the physician acted for purposes Other than to prescribe for the patient

IMPEACHMENT OF ADVERSE PARTY’S WITNESS [CIR] – The adverse party’s witness may be impeached by:

C Contradictory evidence
I Evidence that he/she has made at other times statements Inconsistent with his/her present
testimony. (PRIOR INCONSISTENT STATEMENTS)
R Evidence that his or her general Reputation for truth, honesty, or integrity is bad

REQUISITES FOR ADMISSIBILITY OF SPONTANEOUS STATEMENTS [SBC]

S There must be a Startling occurrence;

B The statement must be made Before the declarant had the time to contrive or devise a
falsehood
C The statement must Concern the occurrence in question and its immediate attending
Circumstances
REQUISITES FOR ADMISSIBILITY OF VERBAL ACTS [EV CR]

E Act or occurrence characterized must be Equivocal

V Verbal acts must characterize or explain the equivocal act

C Verbal acts must be Contemporaneous with equivocal act

R Equivocal act must be Relevant to the issue

REQUISITES FOR ADMISSIBILITY OF COMMERCIAL LISTS [ML UP]

M It is a statement of a Matter of interest to persons engaged in an occupation;

L Such statement is contained in a List, register, periodical or other published compilation

U That compilation is generally Used and relied upon by persons in the same occupation
P That compilation is Published for the use of persons engaged in that occupation

THE SECOND CLASS OF INDEPENDENTLY RELEVANT STATEMENTS INCLUDE THE FOLLOWING: [SPIIL]

S Statement of a person showing his State of mind

P Statement of a person showing his Physical condition
I Statements of a person from which Inference may be made as to the state of mind of another
person
I Statements which may Identify the date, place, and person in question
L Statements showing the Lack of credibility of a witness
 SPECIAL CIVIL ACTIONS

REQUISITES (UNDER JURISPRUDENCE) OF AN ACTION FOR DECLARATORY RELIEF [S-DARNA]

S The Subject matter of the controversy must be a deed, will, contract or other written
instrument, statute, executive order or regulation, or ordinance

D The terms of said documents and the validity thereof are Doubtful and require judicial
construction
A There must be an Actual justiciable controversy
R The issue must be Ripe for judicial determination
N Adequate relief is Not available through other means or other forms of action or proceeding
A??? There must have been no breach of the documents in question;

A MOTION FOR RECONSIDERATION IS REQUIRED BEFORE FILING A PETITION FOR CERTIORARI, EXCEPTIONS [QC-
PUL2EDU]

Q Where the Questions raised in the certiorari proceedings have been duly raised and passed
upon by the lower court, or are the same as those raised and passed upon in the lower court
C Where, in a Criminal case, relief from an order of arrest is urgent and the granting of such
relief by the trial court is improbable

P Where the order is a Patent nullity, as where the court a quo has no jurisdiction
U Where there is an Urgent necessity for the resolution of the question and any further delay
would prejudice the interests of the government or of the petitioner or the subject matter of
the action is perishable
L2 Where the proceedings in the Lower court are a nullity for lack of due process
Where the issue raised is one purely of Law or where public interest is involved
E Where the proceeding were Ex parte or in which the petitioner had no opportunity to object
D Where petitioner was Deprived of due process and there is extreme urgency for relief
U Where, under the circumstances, a motion for reconsideration would be Useless

PARTITION; WHO MAY FILE COMPLAINT; PLAINTIFF; EXCEPTIONS [PALTAC] – As a general rule, plaintiff is allowed to
file a petition for partition ANY TIME as the Civil Code provides that NO co-owner shall be obliged to remain in the co-
ownership. The following are the exceptions:

P When the property is NOT subject to a Physical division and to do so would render it
unserviceable for the use which it is unintended
A If a co-owner asserts Adverse title to the property, in which case the period of prescription
runs from such time of assertion of adverse title
L When partition is prohibited by Law
T When co-owners are prohibited by the donor or Testator for a period not exceeding twenty
(20) years
A Existence of an Agreement among co-owners to retain the property undivided for not
exceeding ten (10) years
 C When the Condition imposed upon voluntary heirs before they can demand partition has not
yet been fulfilled

PROHIBITED PLEADINGS AND MOTIONS [BREN-MID3-TReCe]

B Motion for a Bill of particulars

R Petition for Relief from judgment
E Motion for Extension of time to file pleadings, affidavits or any other paper
N Motion for New trial, or for reconsideration of a judgment, or for reopening of trial

M Memoranda
I Interventions
D3 Motion to Dismiss the complaint except on the ground of lack of jurisdiction over the subject
matter, or failure to comply with Section12
Motion to declare the defendant in Default
Dilatory motions for postponement

T Third-party complaints
Re Reply
Ce Petition for Certiorari, mandamus, or prohibition against any interlocutory order issued by the
court

ACTS CONSTITUTING DIRECT CONTEMPT [RUM-FORD]

R Refusal to be sworn as a witness or to answer as a witness

U Unfounded accusations or allegations or words in a pleading tending to embarrass the court
or to bring it into disrepute
M Misbehavior in the presence of or so near the court as to obstruct or interrupt the
proceedings before it

F Acts of a party or a counsel which constitute willful and deliberate Forum shopping
O Offensive personalities towards others
R Refusal to subscribe an affidavit or deposition when lawfully required to do so;
D Disrespect toward the court

ACTS CONSTITUTING INDIRECT CONTEMPT [SAMAR-ID]

S Failure to obey a Subpoena duly served

A Any Abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt
M Misbehavior of an officer of a court in the performance of his official duties or in his official
transactions
A Assuming to be an attorney or an officer of a court, and acting as such without authority
R 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
I Any Improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice
D Disobedience of or resistance to a lawful writ, process, order, or judgment of a court
 SPECIAL PROCEEDINGS

WHEN COURT MAY ISSUE WRITS OF EXECUTION [CPE]

C To satisfy the Contributive shares of the devisees, legatees and heirs on possession of the
decedent’s assets
P To enforce Payment of the expenses of partition
E To satisfy the cost when a person is cited for Examination in probate proceedings

REQUISTES BEFORE A WILL PROVED ABROAD WILL BE ALLOWED IN THE PHILIPPINES [L2APD]

L2 The Law on probate procedure of the said foreign country and proof of compliance therewith
The Legal requirements in said foreign country for the valid execution of the will
A The will has been Admitted to probate in such country – due execution of the will in
accordance with foreign laws
P The fact that the foreign tribunal is a Probate court with jurisdiction over the proceedings
D The testator had his Domicile in a foreign country

GROUNDS FOR REMOVAL OR RESIGNATION OF GUARDIAN OF INCOMPETENTS [UWII-Within 30 days]

U Unsuitable to discharge functions

W Wastage or mismanagement of the property of the ward
I Guardian becomes Insane
I Incapable of discharging trust

Within 30 days Failure to render account or make a return Within thirty (30) days after it was due

GROUNDS TO BE ALLEGED IN PETITION FOR APPOINTMENT OF GUARDIAN [Best DSR]

Best When the Best interests of the minor so require

D Death, continued absence, or incapacity of his parents

S Suspension, termination, or deprivation of parental authority
R Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental
authority

DOMESTIC ADOPTION; WHO MAY ADOPT [FAG]

F Any Filipino citizen

A Any Alien possessing the same qualifications for Filipino nationals
G The Guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities
HABEAS DATA; COVERAGE [GCS regarding PFHC]

G Gathering
C Collecting
S Storing of data or information
Regarding
P Person
F Family
H Home
C Correspondence

AMPARO; PROHIBITED PLEADINGS AND MOTIONS [P2R2TC-MED2IC]

P2 Dilatory motion for Postponement

Motion for bill of Particulars
R2 Reply
Motion for Reconsideration of interlocutory orders or interim relief orders
T Third party complaint
C Counter claim or cross-claim

M Memorandum
E Motion for Extension of time to file return, opposition, affidavit, position paper, and other
pleadings
D2 Motion to Dismiss
Motion to declare defendant in Default
I Intervention
C Petition for Certiorari, mandamus, or prohibition against any interlocutory order

HABEAS DATA; PROHIBITED PLEADINGS AND MOTIONS [P2R2TC-MED2IC]

P2 Dilatory motion for Postponement

Motion for bill of Particulars
R2 Reply
Motion for Reconsideration of interlocutory orders or interim relief orders
T Third party complaint
C Counter claim or cross-claim

M Memorandum
E Motion for Extension of time to file return, opposition, affidavit, position paper, and other
pleadings
D2 Motion to Dismiss
Motion to declare defendant in Default
I Intervention
C Petition for Certiorari, mandamus, or prohibition against any interlocutory order
WHEN HABEAS CORPUS IS PROPER AS A POST-CONVICTION REMEDY [JED] – As a post-conviction remedy, it may be
allowed when, as a consequence of a judicial proceeding, any of the following exceptional circumstances is attendant:

J The court had no Jurisdiction to impose the sentence

E The imposed penalty has been Excessive, thus voiding the sentence as to such excess
D There has been a Deprivation of a constitutional right resulting in the restraint of a person

WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS; REQUISITES [RWB]

R That the petitioner has the Right of custody over the minor
W That the rightful custody of the minor is being Withheld from the petitioner by respondent
B That it is to the Best interest of the minor concerned to be in the custody of petitioner and
not that of the respondent

ENFORCED DISAPPEARANCES; ATTENDED BY THE FOLLOWING CIRCUMSTANCES: [AARI]

A Arrest/detention/abduction of a person by a government official or organized groups or

private individuals acting with the in/direct acquiescence of the State
A Carried out by or with the Authorization, support or acquiescence of the State or a political
organization
R Refusal of the State to disclose the fate or whereabouts of the person concerned, or refusal to
acknowledge the deprivation of liberty, which places such persons outside the protection of
the law
I Intention is to remove the person from the protection of law for a prolonged period of time

GROUNDS FOR CHANGE OF NAME [RELACS]

R When the name is Ridiculous, dishonorable or extremely difficult to write or pronounce

E When the surname causes Embarrassment and there is no showing that the desired change of
name was for a fraudulent purpose or that the change of name would prejudice public
interest
L When the change results as a Legal consequence, as in legitimation
A Having continuously used and been known since childhood by a Filipino name, unaware of her
Alien parentage
C When the change will avoid Confusion
S A Sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith
and without prejudicing anybody

APPEALS IN SPECIAL PROCEEDINGS; JUDGMENTS AND ORDERS FOR WHICH APPEAL MAY BE TAKEN [ALAC-Final] – An
interested person may appeal in special proceedings from an order or judgment rendered by a Court of First Instance or
a Juvenile and Domestic Relations Court, where such order or judgment:

A Allows or disallows a will

L Determines who are the Lawful heirs of a deceased person, or the distributive share of the
 estate to which such person is entitled
A Settles the Account of an executor, administrator, trustee, or guardian
C Allows or disallows, in whole or in part, any claim against the estate of a deceased person, or
any Claim presented on behalf of the estate in offset to a claim against it

Final Is the Final order or judgment rendered in the case, and affects the substantial rights of the
person appealing unless it be an order granting or denying a motion for a new trial or for
reconsideration