Arellano University School of Law

Center for Legal Education and Research

2020/21/22 BAR OPERATIONS COMMISSION

ERRATA: LAST MINUTE TIPS
PROCEDURE AND PROFESSIONAL
ETHICS

ORIGINAL:

10. How may substituted service be effected?

After at least three (3) attempts on two (2) different dates, service may be effected:

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 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.
(Rule 14, Sec. 6, Revised Rules of Court)

CORRECTED:

10. How may substituted service be effected?

After at least three (3) attempts on two (2) different dates, service may be effected:

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 offi ce or regular place of business with
some competent person in charge thereof. A competent person 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.
(Rule 14, Sec. 6, Revised Rules of Court)

ORIGINAL:

14. What are the requisites of a valid warrant of arrest?

a. It must be based upon probable cause;
b. The probable cause must be determined personally by the judge;
c. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce;
d. 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)

CORRECTED:

14. What are the requisites of a valid search warrant?

a. It must be based upon probable cause;
b. The probable cause must be determined personally by the judge;
c. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce;
d. 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)
ORIGINAL

33. Distinguish Judicial Admissions from Extrajudicial Admissions.

JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS

Those made in the course of the proceeding in the
same case. They do not require proof and may be
contradicted only by showing that it was made through
palpable mistake or that no such admission was
made.
Judicial admissions need not be offered in evidence
since it is not evidence. It is superior to evidence and
shall be considered by the court as established.
Conclusive upon the party making them.
Admissible even if self-serving.
Subject to cross-examination.
Those made out of court or in a judicial proceeding
other than the one under consideration.
Regarded as evidence and must be offered as such.
Otherwise, the court will not consider it in deciding the
case.
Rebuttable except when elements of estoppel are
present.
Not admissible if self-serving.
Not subject to cross-examination.

CORRECTED

33. Distinguish Judicial Admissions from Extrajudicial Admissions.

JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS

Those made in the course of the proceeding in the
same case. They do not require proof and may be
contradicted only by showing that it was made through
palpable mistake or that the imputed admission
was not, in fact, made.
Judicial admissions need not be offered in evidence
since it is not evidence. It is superior to evidence and
shall be considered by the court as established.
Conclusive upon the party making them.
Admissible even if self-serving.
Subject to cross-examination.
Those made out of court or in a judicial proceeding
other than the one under consideration.
Regarded as evidence and must be offered as such.
Otherwise, the court will not consider it in deciding the
case.
Rebuttable except when elements of estoppel are
present.
Not admissible if self-serving.
Not subject to cross-examination.

ORIGINAL

34. What are the requisites for the application of the privilege communication between Patient and
Doctor?

a. That the privilege is being claimed in civil case;

b. That the person against whom the privilege is being claimed is a physician, psychotherapist or person
reasonably believed by the patient to be authorized to practice medicine or psychotherapy;
c. That such person acquired the information while he was attending to the patient in his professional
capacity for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional
condition, including alcohol or drug addiction between the patient and his or her physician or
psychotherapist;
d. That the information is necessary to enable the person to act in that capacity;
e. That the information is confidential and if disclosed would tend to blacken the reputation of the
patient.

CORRECTED

34. What are the requisites for the application of the privilege communication between Patient and
Doctor?

a. That the privilege is being claimed in civil case;

b. That the person against whom the privilege is being claimed is a physician, psychotherapist or person
reasonably believed by the patient to be authorized to practice medicine or psychotherapy; and
c. That such person acquired the information while he was attending to the patient in his professional
capacity for the purpose of diagnosis or treatment of the patient’s physical, mental, or emotional
condition, including alcohol or drug addiction between the patient and his or her physician or
psychotherapist. (Sec. 24, Rule 130, Revised Rules of Court)
ORIGINAL
38. Distinguish Marital Disqualification from Marital Privilege.
MARITAL DISQUALIFICATION
Can be invoked only if one of the spouses is a party to
the action.
Applies only if the marriage is existing at the time the
testimony is offered.
Ceases upon the death or either spouse, and
constitutes a total prohibition against any testimony for
or against the spouse of the witness.
What is prohibited is the testimony for or against the
other.
CORRECTED
38. Distinguish Marital Disqualification from Marital Privilege.
MARITAL DISQUALIFICATION
Can be invoked only if one of the spouses is a party to
the action.
Applies only if the marriage is existing at the time the
testimony is offered.
Ceases upon the death or either spouse and
constitutes a total prohibition against any testimony for
or against the spouse of the witness.
What is prohibited is the testimony against the other.
MARITAL PRIVILEGE
Can be claimed whether or not the spouse is a party to
the action;
Can be claimed even after the marriage has been
dissolved;
Continues even after the termination of the marriage,
applies only to confidential communications between
the spouses.
What is prohibited is the examination of a spouse as to
matters related in confidence by the other spouse.
MARITAL PRIVILEGE
Can be claimed whether or not the spouse is a party to
the action;
Can be claimed even after the marriage has been
dissolved;
Continues even after the termination of the marriage,
applies only to confidential communications between
the spouses.
What is prohibited is the examination of a spouse as to
matters related in confidence by the other spouse.