General Principles

1. Miranda Rights:
The Constitution and based on the case of Miranda vs. Arizona provide that person detained or
under the custody of the law shall have the right to remain silent, right to confer with counsel of
his choice, at any time of the day/night, if he cannot afford one, he shall be provided with an
independent and competent counsel.

Answer: (No valid waiver)

The accused shall not be adjudged of guilt based on his alleged extrajudicial confession as it is in
contravenes the Miranda Rights.

Under the Constitution, evidence taken in violation of the Bill of Rights shall be inadmissible
before any proceedings.
Art. III states any admissions shall be made in writing and in the presence of counsel.

In the case at bar, the alleged confession is neither in writing nor was made in the presence or
with the assistance of the accused’s counsel. Hence, the Court erred in giving credence to the
confession.

2. Error of Jurisdiction vs. Error of Judgment

Error of Jurisdiction – the Court has no authority to try, hear and decide the case filed before it.
Any adjudication shall be treated as null and void and has no force or effect.

Error of Judgment – the trial judge incorrectly applied the laws or misapprehended the facts.
The error of judgment may be questioned on appeal. (correctible) (commit in the exercise of
jurisdiction)

3. Jurisdiction

The motion to dismiss shall be denied.

Jurisprudence dictates the Court acquires jurisdiction over the person of the plaintiff upon the
filing of the action before it. The plaintiff seeking affirmative reliefs from the court voluntarily
gave consent to the court. There’s nothing in the rules nor in the law the proscribed non-resident
person from availing recourse on our courts.
Further, the 2020 ROC has abrogated the motion to dismiss except on the grounds of lack of
jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.
Being a prohibited motion, the same may be denied.

c.
No, the action will not prosper.
(Jurisdiction of real action involving title to, possession of, or any interest on the lot shall be
determined by the assessed value: the assessed value of the lot in Bulacan is different from the
assessed value of the land in Pampanga.

VENUE MAY BE WAIVED.

d.

Permissive counterclaim (totality rule)

Yes, it has jurisdiction
Yes, it has to pay docket fees (Logical relation between the claim alleged in the complaint and the
counterclaim) ---- pay only the permissive 30 aircons (neither arises out of nor is it connected
with the transaction or occurrence.