PROCEDURE AND PROFESSIONAL A.

REMEDIAL LAW (12

ETHICS (18 QUESTIONS) QUESTIONS)
HOREB FELIX VILLA

USC LAW
I. CIVIL PROCEDURE (RULES 1-39)
SOURCES: GST NOTES 2021, UP
BOC 2020, LEGAL EDGE LECTURES,
RULE 1: GENERAL PROVISIONS
PROF. BALMES NOTES

Contents
A. REMEDIAL LAW (12 QUESTIONS) .......1 • These Rules shall apply in all the courts,
except as otherwise provided by the
I. CIVIL PROCEDURE (RULES 1-39) ...............1
Supreme Court (Sec. 2)
II. CRIMINAL PROCEDURE.......................... 57 • Dean Monteclar: when it says it “shall
III. APPEALS ............................................ 91 apply in all the courts”, it only refers to
the regular courts within the judiciary.
IV. ANNULMENT OF JUDGMENT (RULE 47) ... 96
What are these regular courts?
V. SMALL CLAIMS ..................................... 98
VI. EVIDENCE ........................................... 99 We have:

VII. SPECIAL CIVIL ACTIONS .................... 125 1. Municipal Trial Court, et. al. (MTC)
VIII. SPECIAL PROCEEDINGS ................... 134 – these are called the first-level
courts.
B. ETHICS (4 QUESTIONS) ................... 138 2. Regional Trial Courts (RTC) – they
I. QUALIFICATIONS FOR NEW LAWYERS .... 138 are called the second-level courts.
3. Court of Appeals (CA)
II. CODE OF PROFESSIONAL RESPONSIBILITY
4. Supreme Court (SC)
(CPR) .................................................... 139
III. DISQUALIFICATIONS/ INHIBITIONS FOR • Dean Monteclar: These rules will
JUDGES ................................................. 159 likewise apply to special courts which
IV. DIRECT/ INDIRECT CONTEMPT ............ 160 are still considered to be under the
judiciary.
C. PRACTICAL EXERCISES (2 QUESTIONS)
............................................................ 162 What are these special courts?
I. PARTS OF CONVEYANCING, AFFIDAVITS 162 A: These are:
II. PARTS OF PLEADINGS, MOTIONS ......... 166
1. Family courts – which are actually
RTCs;
2. Shari’a courts;
3. CTA; and
4. Sandiganbayan
• Note: CTA and Sandiganbayan are
included in the list because they are
appealable to the SC.

Cases where the Rules of Court are

applicable (Sec 3)

The Rules of Court are applicable in:

1

1. Civil;
2. Criminal; and
3. Special proceedings.
• Civil Action - A civil action is one by
which a party sues another for the
enforcement or protection of a right, or
the prevention or redress of a wrong. A
civil action may be either Ordinary or
Special
Why are they called “special” civil actions?
• Dean Monteclar: Because they are
governed by special rules not found in
ordinary civil actions. But it doesn’t
mean that in special civil actions, the
rules on ordinary civil actions no longer
apply. They still apply, but only
suppletorily.
• Dean Monteclar: They are called
special civil actions because they are
primarily governed by special rules.
But in the absence of a specific
provision in the rules that created that
special civil action, the rules in ordinary
civil actions may be applied
suppletorily. (Amberti vs. Court of
Appeals 195 SCRA 659)
Do these rules apply to quasi-judicial bodies?
• Dean: No, because these quasi-judicial
bodies have their own or are governed
by their own procedures. Normally, the
law creating these quasi-judicial bodies
also provide for the procedures to be
observed in the litigations in these
bodies. However, the Rules of Court
will apply to these judicial bodies only
suppletorily.
• Special Proceedings- A remedy by
which a party seeks to establish a
status, a right, or a particular fact.
• Criminal Action- An action by which the
State prosecutes a person for an act or
omission punishable by law.
Personal Actions and Real Actions
2
• Real Action- An action affecting title to
or possession of real property or
interest therein.
• Personal Action- An action where one
seeks to recover money or other
personal possession.
• Why distinction is important: For
purposes of VENUE.
1. Local Actions- filed in place where
property is located (real actions)
2. Transitory Actions- filed either in the
place of residence of plaintiff or place
of residence of defendant, at the option
of plaintiff, or in case of agreement,
place of agreement (personal actions).
As to Object
1. In personam- The action can only be
enforced against a specific person. The
action binds parties and their
successors-in-interest.
2. In rem- An action against the thing
itself. Binds the whole world.
3. Quasi-in rem- A particular person is a
defendant in the case, but the object of
litigation is a person’s interest in the
property.
e.g., A case for collection of a sum of
money is an action in personam. But it
can be converted into a quasi-in rem
action through the process of
preliminary attachment under Rule 57.
• Dean: The basis in determining
whether it is an action in rem or it is a
real action is this: where it is an action
to recover a real property – what is the
cause there, to recover a real property
– that is called a real action. Action in
rem and action in personam, on the
other hand, are not concerned with the
type of property to be recovered.
Rather, they are concerned more on
the effects of the judgment of the
court. So, when you say an action in
personam, it is an action filed by the
plaintiff against the defendant, and the
decision is generally binding only in
between them and their successors-in-
interest or heirs. While an action in
rem is not about real property, but it is
an action where the effects of the
 judgment is binding upon the whole
world.
• Dean Monteclar: So, a real action can
also be an action in personam. If you
file a case of quieting of title or accion
publiciana, you are filing a case against
the defendant; you are enforcing your
right against a particular action, that is
an action in personam. And that
judgment only binds the two of you.
But an action can be a personal action,
but at the same time it could be an
action in rem. A personal action, like
an action for annulment of marriage, is
a personal action of the wife against
the husband. But the effect of the
judgment of the court granting the
annulment is binding on the whole
world, and it is an action in rem. So, it
is a personal action, but also an action
in rem.
Cases where Rules of Court not Applicable
(Sec. 4)
In the following cases: (MemAid: ELINO)
1) Election cases;
2) Land registration cases;
3) Naturalization;
4) Insolvency proceedings; and
5) Other cases not herein provided, except
by analogy or suppletorily.
Commencement of Action (Sec. 5)
• A civil action is commenced by the
filing of the original complaint in court.
• A complaint is filed in court either (1)
personally, or (2) by registered mail.
• Payment of docket fees is what
really commences the action.
Effect of Non-Payment of Filing Fees:
• Dean: If you do that nowadays, the
Clerk of Court will not accept your
complaint. In fact, there was a time
when the Supreme Court was very,
very strict on the payment of the filing
fee. That if you did not pay the filing
fee, or if you paid but it was not the
correct amount, your complaint can be
dismissed by the court. (Manchester
Development Corp. v. CA, 149 SCRA
562 [1989])
3
• But now, because of the complaints of
many lawyers because of the strictness
of the Manchester rule, the SC said,
okay, if the amount of damages
claimed by the plaintiff is not specified
in the complaint, and so they were not
able to pay the filing fees for the
damages claimed, the court will just
call the attention of the plaintiff to
amend his complaint, and specify now
how much exactly is he asking by way
of moral/exemplary/nominal damages.
(Sun Insurance Office v. CA, 170 SCRA
274)
Liberal Construction of the Rules (Sec. 6)
• GEN: The Rules shall be liberally
construed in order to promote their
objective of securing a just, speedy
and inexpensive disposition of every
action and proceeding.
• XPN: The rules on the reglementary
period to file pleadings or appeals.
• Dean: The court cannot be liberal on
the reglementary periods, because
these are necessary for a just and
speedy disposition of cases. They have
to be strictly complied with.
RULE 2: CAUSE OF ACTION
• A cause of action is an act or omission
by which a party violates the right of
another.
Elements of a Cause of Action (ROVID):
• Right
• Obligation
• Violation
• Injury
• Damage
• Dean Monte: Damage is a very
important element. In torts and
damages, there is “damnum absque
injuria” which means there is damage
but there is no injury meaning there is
no right violated, then there could be
no basis for damages.
What if one of the elements is not present?
 • Dean: Your case will be dismissed. All
the elements must be present on the
ground of failure to state a cause of
action.
4.
Right of Action vs. Cause of Action:
• Right of Action- right of the plaintiff to
bring and prosecute the case until final
judgment.
Misjoinder of Causes of Action (Sec. 6)
• Cause of Action- Refers to the wrong
committed by the defendant towards
the plaintiff
• Failure to state a cause of action- one
of elements of COA are missing
(ROVID)
• Lack of cause of action- The evidence
presented during trial failed to prove
cause of action. This is a ground for
Demurrer of Evidence under Rule 33.
• Test of sufficiency of a cause of action:
Hypothetically admitting the facts to be
true, can court render a valid
judgment?
Splitting of a Cause of Action (Sec. 4)
• It is the practice of dividing one cause
of action into different parts and
making each part a subject of a
different complaint.
Effect of Splitting
• Dismissal of the case on the ground of
Litis Pendentia or Res Judicata.
• Misjoinder of actions, not a ground for
dismissal. Misjoined action may be
severed and tried separately.
Joinder of Causes of Action (Sec. 5)
• A party may in one pleading assert, in
the alternative or otherwise, as many
causes of action as he may have
against an opposing party, subject to
the following conditions:
1. The parties joining the causes of action
shall comply with the rules on joinder
of parties;
2. The joinder shall not include special
civil actions governed by special rules;
3.
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
4
Trial Court provided one of the causes
of action falls within the jurisdiction of
said court and the venue lies therein;
and
Where the claims of all the causes of
action are principally for recovery of
money the aggregate amount claimed
shall be the test of jurisdiction.
• There is misjoinder of causes of action
when two or more causes of action
were joined in one complaint when
they ought not be joined. For example,
you joined Accion Publiciana case and
Forcible Entry case. This is not allowed
because Forcible Entry case is a special
civil action which ought not to be
joined with an ordinary civil action.
• If there is misjoinder of causes of
action, the remedy is not dismissal of
the case but to ask the court that the
misjoined case be severed and tried
separately
RULE 3: PARTIES TO CIVIL ACTION
• Only natural or juridical persons, or
entities authorized by law may be
parties in a civil action. The parties
may either be a plaintiff or defendant.
• Monte: According to Section 1 of Rule
3, only natural or juridical persons, or
entities authorized by law may be
parties in a civil action. The parties
may either be a plaintiff or defendant.
• Only natural persons like us human
beings – either a citizen of the
Philippines or a foreigner, or a juridical
person which refers to corporations
such as private corporations that are
duly registered in the Securities and
Exchange Commission (SEC) or
partnership registered in the SEC.
Juridical persons may also include
public corporations such as the State,
the government, the municipal or the
local city government are considered
juridical persons which can also be
 parties to a civil action. Aside from
natural and juridical persons, there are
also entities authorized by law to
become a party of a civil action. An
example is a labor union which is an
entity authorized by law to be a party
in a civil action, or the estate of a
deceased person represented by the
administrator of the estate. Roman
Catholic Church is also an authorized
entity to become a party in a civil
action.
Parties in Interest (Sec. 2)
• Real party in interest- The party who
stands to be benefitted or injured by
the judgment in the suit, the party
entitled to the avails of the suit.
a. Indispensable parties- The parties
where no determination of the case can
be made if said party is not included in
the suit
b. Representative parties- one who
prosecutes in behalf of another.
Joinder of Parties (Secs. 7-11)
• Permissive Joinder of Parties- Two or
more persons may join in one
complaint as plaintiffs or as defendants
provided the following conditions are
present:
a. There is a right to relief in favor of or
against the parties joined in respect to
or arising out of the same transaction
or series of transactions; and
b. There is a question of law or fact
common to the parties joined in the
action.
Compulsory Joinder of Parties
• Indispensable Party – One without
whom no final determination can be
had of an action
• Necessary Party – One who is not
indispensable but who ought to be
joined if complete relief is to be had or
to have a complete determination of
the claim.
• Monte: If a party is an indispensable
party, he should be joined as a party to
that case. Otherwise, if he will not be
5
included as a party to that case, the
case will not prosper.
Non-joinder of Necessary Party
• Monte: When there is a necessary
party and the plaintiff did not include
the necessary party in his complaint,
he should state the reason why he did
not include the necessary party, he
must provide a justification.
What is the effect if you do not include a
necessary party?
• If not impleaded, pleader must set
forth his name and state why he was
omitted.
• If the court finds the reason to be
unmeritorious, it may order the
inclusion of the omitted party.
• Failure to comply without justifiable
cause shall be deemed a waiver of the
claim against said person.
• The non-inclusion of a necessary party
does not prevent the court from
proceeding in the action, and the
judgment rendered therein shall be
without prejudice to the rights of such
necessary party (Section 9, Rule 3)
Unwilling Co-Plaintiff (Sec. 10)
• If the consent of any party who should
be joined as plaintiff cannot be
obtained, he may be made a defendant
and the reason therefor shall be stated
in the complaint
Misjoinder and Non-joinder of Parties
(Sec. 11)
• Neither misjoinder nor non-joinder of
parties is not a ground for dismissal of
an action.
• Monte: Just like a misjoinder of cause
of action, neither misjoinder or non-
joinder of parties is not a ground for
dismissal.
Class Suit (Sec. 12)
• When the subject matter of the
controversy is one of common or
general interest to many persons so
numerous that it is impracticable to
join all as parties, a number of them
which the court finds to be sufficiently
 numerous and representative as to
fully protect the interest of all
concerned may sue or defend for the
benefit of all. Any party in interest shall
have the right to intervene to protect
his individual interest.
Requisites:
a. Subject matter of the controversy is
one of common or general interest to
many persons;
b. The persons are so numerous that it is
impracticable to join them all as
parties;
c. The court finds a number of them
sufficiently numerous and
representative of the class as to fully
protect the interests of all concerned;
and
d. The representative sues or defends for
the benefit of all. [Sec. 12, Rule 3]
Alternative Defendants; Entity without
Juridical Personality (Secs. 13-15)
What is an alternative defendant?
• Unknown identity or name of the
defendant
• Entity without juridical personality
• Monte: You are not sure who is
answerable to your claim.
Effect of Death of a Party; Substitution
(Sec. 16)
Distinguish:
• Action that survives
• Action that does not survive
• Actions that survive: Affects primarily
property rights. Damage to the person
is merely incidental.
• Actions that do not survive: Injury
complained is personal.
• Dean: Section 16 of Rule 3 provides
that whenever a party to a pending
action dies, and the claim is not
extinguished – meaning it survives, it
shall be the duty of his counsel to
informationrm the court within 30 days
after such death of the fact thereof,
and to give the name and address of
6
his legal representative(s). Meaning, it
is the duty of the lawyer of the
deceased defendant or plaintiff to
informationrm the court of the death of
his client.
• Dean: The lawyer must inform the
court immediately so that proper
substitution can be made. The lawyer
will tell the court: “Since my client
already died, I am no longer the
lawyer. But if the family of my client
would want me to continue then I will
continue.” IOW, the lawyer needs an
additional authority from the heirs of
the deceased person.
• Dean: In fact, there is a disciplinary
sanction for this if the lawyer fails to
inform the court of the death of his
client. If the court continues with the
case without knowing that a party is
already dead, that proceeding will be
null and void. No case may continue
without proper substitution of a party.
Effect of death of defendant on money
claims (Sec. 20)
• Monte: Under the old rules, the case
will be dismissed right away and the
plaintiff is required to file a case
against the estate of the defendant –
which is circuitous.
• The New Rules changed this. When a
defendant dies pending a case for
claim of sum of money, the case will be
allowed to continue until it is decided
by the court and until the decision of
the court becomes final and executory.
• In the meantime, while the case is
pending in court, proper substitution
will be made, either the administrator
or executor or the heirs of the
deceased-defendant will substitute in
the case.
• Once there is already a final decision,
the plaintiff will present the decision to
the executor or administrator of the
defendant as a claim against the estate
Indigent Parties (Sec. 21)
Rules with regard to indigent clients:
• See if requirements in Rule 141, Sec.
19 is complied with. If not, do not
 dismiss outright, but check if
requirements in Rule 21, Sec. 3 is
complied with. (Spouses Algura v. City
of Naga, 2006)
RULE 4: VENUE
• Venue refers to the place where a case
is tried.
Venue of Real Actions (Sec. 1)
• Venue of real actions: The place where
real property is located wholly or
partially.
• If a real property is located in two
different territorial jurisdictions, the
case can be filed in either place. The
court first taking cognizance of the
case excludes all other courts.
Venue of Personal Actions (Sec. 2)
• Venue of personal actions: Residence
of the plaintiff or the residence of the
defendant, at option the option of the
plaintiff.
Meaning of Residence
• Residence is ACTUAL RESIDENCE, not
domicile.
• Residence of corporation- principal
place of business.
Venues of actions involving non-residents
(Sec. 3)
• If personal action: Place where non-
resident may be found
• If Real Action: Place where real
property is located.
• If non-resident foreign corporation-
Venue where defendant resides or
where real property is located.
Where Rules on Venue are Not Applicable
(Sec. 4)
a) In those cases where a specific rule or
law provides otherwise (e.g., in libel
cases)
b) Where the parties have validly agreed
in writing before the filing of the action
on the exclusive venue
7
• Venue may be subject to agreement
among parties- unless restrictive words
are found in the agreement, such
venue is only an ADDITIONAL venue
along side the rules on venue.
• Stipulation on venue may be
disregarded if contrary to public policy.
• Venue may also be disregarded in
contracts of adhesion (Sweet Lines v.
Teves, 83 SCRA 361)
• If the case questions the validity of the
written agreement, exclusive
stipulation on venue, not binding.
Follow general rule on venue (Briones
v. CA, 2015).
RULE 6: PLEADINGS
Definition of a Pleading (Sec. 1)
• Pleadings are written statements of the
respective claims and defenses of the
parties submitted to the court for
appropriate judgment
Pleadings Allowed in Court (Sec. 2)
1. Complaint
2. Answer
3. Counterclaim
4. Cross-claim
5. Reply
6. Third Party Complaint (Fourth, Fifth,
etc.)
7. Complaint-in-Intervention
Complaint (Sec. 3)
• A complaint is the pleading alleging the
plaintiff’s cause or causes of action. A
complaint is also known as the
“Initiatory Pleading”.
• The allegations in the complaint must
contain the four elements of a cause of
action, to wit: (a) the right; (b) the
obligation; (c) the delict or wrong
committed in violation of your right;
and (d) damage.
Answer and Defenses (Secs. 4 & 5)
• An answer is a pleading in which a
defending party sets forth his defenses.
Defenses in the Answer:
1. Negative Defenses – Denial
2. Affirmative Defenses – Admission with
denial
a) Fraud
b) Prescription
c) Statute of Frauds
d) Illegality
e) Estoppel, release, payment, etc.
f) Discharge in bankruptcy
• Dean: In your complaint, you must
clearly state what are your rights under
the law and what are the obligations of
the defendant in respect to your rights.
What did the defendant do that
violated your right? Allege that what
the defendant did to you caused you
damage or injury.
• There are two kinds of defenses that
may be set up: negative defense and
affirmative defense. When a written
complaint is presented in court, the
allegations are presented
paragraphs. If you are the defendant,
you deny these material allegations by
saying “I specifically deny paragraph 3
of the complaint for it is not true that I
have done this or that…” or “I
specifically deny the material allegation
in paragraph 3 for the truth of the
matter is this…” Those are examples of
a negative defense.
• Now, an affirmative defense is actually
an admission of the averments in the
complaint but it invokes a right that
the plaintiff cannot recover from you.
Even if it is true, the plaintiff is barred
from recovering from you. It is
otherwise known as “confession and
avoidance”. What are these affirmative
defenses?
a. Fraud
b. Prescription
c. Statute of Fraud
d. Illegality
e. Estoppel, release, payment, etc.
f. Discharge in bankruptcy
• Usually, the answer of the defendant
would be “Answer with Counterclaim”
or “Answer with Special Affirmative
Defenses and Counterclaim”.
Affirmative Defenses may also include
grounds for dismissal of the complaint,
specifically (2019 amendment):
a) Lack of jurisdiction over subject
matter;
b) There is another action pending
between the same parties for the same
cause of action (litis pendentia);
c) The action is barred by prior judgment
(res judicata).
d) Prescription
Counterclaim (Secs. 6 and 7)
• A counterclaim is any claim which a
defending party may have against an
opposing party.
Kinds of Counterclaim
1. Compulsory
2. Permissive
Elements of Compulsory Counterclaim:
in
1. It is cognizable by a regular court of
justice;
2. It arises out of or is connected with a
transaction or occurrence constituting a
subject matter of the opposing party’s
claim;
3. It does not require for its adjudication
the presence of third parties whom the
court cannot acquired jurisdiction
4. It must be within the jurisdiction of the
court, both as to the amount and the
nature thereof, except that in an
original action before the RTC, the
counterclaim may be considered
compulsory regardless of the amount;
and
5. The defending party has a counterclaim
at the time he files his answer.
• If your counterclaim is compulsory, you
must have to set that up in your
answer, otherwise it is deemed waived.
• If your counterclaim is permissive, you
can file it separately anytime. For
example, you filed a complaint against
me for collection of sum of money
arising out of a contract of loan that I
did not pay, but then I remember that
you also have payables on me, I can
8
 set that up as a permissive
counterclaim in my answer. But if I did
not set that up, no one can prevent me
from treating that as a separate action.
Cross-Claims and Counter-Counterclaims
and Counter-Cross-Claims (Secs. 8 and 9)
• It is any claim by one party against a
co-party arising out of the transaction Third (Fourth etc.) Party Complaint (Sec.
or occurrence that is the subject 11)
matter either of the original action or
of a counterclaim therein.
• Dean: Here, it presupposes that there
are two or more defendants.
• A counter-counterclaim is a the third (fourth, fifth, etc.) party
counterclaim made by the plaintiff
against the defendant who filed a
counterclaim. A counter-cross claim is
a counterclaim of a cross- defendant
against a cross-plaintiff.
Reply (Sec. 10)
• Reply is a pleading, the office or
function of which is to deny, or allege
facts in denial or avoidance of new
matter alleged by way of defense in
the answer and thereby join or make
issue as to such new matters. If the
party does not file such reply, all new
matters alleged in the answer are
deemed controverted. The Purpose of 3rd Party Complaint:
• All new matters alleged in the answer
are deemed controverted. If plaintiff 1.
wishes to impose any claims arising 2.
out of the new matters so alleged, such 3.
claims shall be set forth in an amended 4.
or supplemental complaint. However,
the plaintiff may file a reply only if a
defending party attaches an actionable Four Tests to Determine Propriety of Third-
document to his or her answer. Party Complaint:
• In the event of an actionable document
attached to the reply, the defendant 1.
may file a rejoinder if the same Iis
based solely on an actionable
document. (Rule 6, Sec. 10, 2019 2.
Amendment).
• Dean: Under the old rules, if you filed
an Answer and you raised new matters
in your answer, I would have to file a 3.
Reply if I wanted to answer those new
matters.
• Under the new rules, that is no longer
necessary. The plaintiff does not have
to file a reply anymore if there are new
9
matters raised in the answer of the
defendant. All new matters raised in
the answer are deemed controverted
or denied by the plaintiff. Reply is
necessary only if the answer of the
defendant which raises new matters
contains an actionable document. If
there is none, no need to file a reply.
• It is a claim that a defending party
may, with leave of court, file against a
person not a party to the action, called
defendant, for contribution, indemnity,
subrogation or any other relief, in
respect of his opponent’s claim.
• THIRD PARTY COMPLAINT MUST
BE WITH LEAVE OF COURT.
• When the court denies a motion to file
third-party complaint, the remedy of
the party is appeal.
• Where the trial court has jurisdiction
over the main case, it also has
jurisdiction over the third-party
complaint regardless of the amount
involved as a third-party complaint is
merely ancillary to and is a
continuation of the main action.
Contribution
Indemnity
Subrogation
Any other relief in respect to
opponent’s claim
Whether it arises out of the same
transaction on which plaintiff’s claim is
based;
Whether the third-party’s complaint,
although arising out of another
transaction, is connected with the
plaintiff’s claim;
Whether third-party defendant would
be liable to the original plaintiff’s claim.
Although the third-party defendant’s
liability arises out of another
transaction;
 4. Whether the third-party defendant may includes the certificate for non-forum
assert any defense which the third- shopping.
party plaintiff has or may have against • The caption sets forth the name of the
plaintiff’s claim. court. The title of the action, and the
docket number if assigned, and the
• The third (fourth) party complaint shall parties to the action.
be denied, and the court shall require
Example of a Caption of a Pleading
the defendant to institute a separate
action where:
1. The third (fourth, etc.)
party defendant cannot be
located within 30 days from
the grant of such leave;
2. Matters extraneous to the
issue in the principal case
are raised;
3. Effect would be to
introduce a new and
separate controversy into
the action (Rule 6, Sec. 11,
2019 Amendment). The Body (Sec. 2)

Complaint-in-Intervention • The body of the pleading sets forth its

• Intervention is a remedy by which a
third party, not originally impleaded in a
proceeding, becomes a litigant therein
to enable him to protect or preserve a
right or interest which may be affected
by such proceeding. [Restaurante Las
Conchas v. Llego, G.R. No 119085
(1999), citing First Philippine Holdings
Corporation v. Sandiganbayan, G.R. No.
88345 (1996)] (lifted from UP BOC
2020)
RULE 7: PARTS AND CONTENTS OF A
PLEADING
Caption (Sec. 1)
The caption sets forth the:
1. Name of the court
2. Title of the action, and
3. Docket number, if assigned
• Monte: Basically, we only have three
parts of a pleading: the caption, the
body, and the verification which also
designation, the allegations of the party’s
claims or defenses, the relief prayed for,
and the date of the pleading.
1. Paragraphs
2. Headings
3. Relief
4. Date
• Monte: The pleading should be presented
by paragraph form. It should be contain a
heading, a relief prayed for, and the date
it was made.
• The body of the complaint is stated below
the heading ‘Complaint’, the designation
of the nature of the pleading whether it is
a complaint, an answer, a cross-claim or
a complaint in intervention, etc. After the
statement “comes now plaintiff, by the
undersigned counsel, unto this Honorable
Court, most respectfully States: xxx, you
will state your allegations or the material
averments of the complaint.
• The allegations of the complaint must be
presented in paragraph form or if
necessary, you may also put
subheadings. This is an example of a
body of a complaint:

10

1.
2.
3.
4.
After you have stated all the material
averments in paragraph form, you will
now ask for relief. For example:
What are you asking from the court?
• To rescind the contract, to order the
defendant to pay damages to the
plaintiff.
• Then you indicate the place where the
pleading was made and the date when
it was made. Below is the name for the
counsel of the plaintiff. Below the relief
is the verification and a certification of
non-forum shopping (CFNS).
Signature and Address (Sec. 3)
• The signature of the lawyer and the
address is an implied certification of
the lawyer in the pleading that he was
the one who prepared the pleading
upon the instruction of the plaintiff and
all the allegation therein are true and
correct.
11
• Signature of counsel constitutes a
certification that he has read the
pleading and documents; and to the
best of his knowledge,
informationrmation, and belief, formed
after an inquiry reasonable under the
circumstances:
It is not being presented for any
improper purpose
The claims, defenses are warranted by
existing laws and jurisprudence;
The factual contention have evidentiary
support
The denial of factual contentions are
warranted on the evidence (2019
Amendment)
• When the lawyer signs the pleading or
the complaint or answer, it is actually a
certification on her part that she has
read the pleading and documents and
to the best of her knowledge,
informationrmation, and belief, formed
after an inquiry reasonable under the
circumstances that the said pleading is
not being presented for any improper
purpose, the claims, defenses in the
pleading are warranted by existing
laws and jurisprudence; factual
contention have evidentiary support;
the denial of factual contentions are
warranted on the evidence. This is
introduced in the Rules of Court for the
first time.
• This is intended to discourage lawyers
from making frivolous claims. Some
lawyers would file complaints even if
they know that there is no sufficient
evidence to support the complaint. It
will only cause clogging of dockets.
• Under the new amendment, there is a
corresponding disciplinary sanction for
that. You can be punished by the court
upon discovery that you have filed
baseless complaints. Under the 2019
amendment, when you sign the
pleading, you warrant that it is not
presented for any improper purpose,
that the claims, defenses in the
pleading are warranted by existing
laws and jurisprudence and that the
factual contention have evidentiary
support.
Effect of Violation of the Rule
• Sec. 3 (c)- If the court determines, on
motion or motu proprio and after
notice and hearing, that this rule has
been violated, it may impose an
appropriate sanction or refer such
violation to the proper office for
disciplinary action, on any attorney,
law firm, or party that violated the
rule, or is responsible for the violation.
Absent exceptional circumstances, a
law firm shall be held jointly and
severally liable for a violation
committed by its partner, associate, or
employee. (2019 Amendment)
Verification (Sec. 4)
• Verification in the pleading refers to
that portion in the pleading where the
pleader certify that he caused the
preparation of the pleading and that all
the allegations therein are true and
correct of his own knowledge and
belief.
• The pleader’s affirmation of the truth
and correctness of his allegations in
the pleading must be based not only on
his “knowledge and belief” BUT on his
“personal knowledge” or “based on
authentic records”
• Monte: A verification is like a sworn
statement by the plaintiff stating that
he is the one who caused the
preparation of the pleadings and that
all the allegations stated therein are
true and correct of his own knowledge
and belief BUT according to the
amendment, the pleader’s affirmation
of the truth and correctness of his
allegations in the pleading must be
based not only on his “knowledge and
belief” BUT on his “personal
knowledge” or “based on authentic
records”.
• Should every pleading be verified?-
NO.
• As a general rule, pleadings need not
be verified. It is only required when the
law so provides as in the following:
a) Petition for Relief from Judgment
12
b) Petition for Review under Rule 42
c) Petition for Review under Rule 43
d) Appeal by Certiorari under Rule 45
e) Petition for Annulment of Judgment of
RTC
f) Petition for Certiorari, Prohibition,
Mandamus, etc.
• Monte: If the law does not require the
pleading to be verified, then you
should not verify the pleading.
What is the purpose of requiring a pleading to
be verified?
• It is to hold the pleader liable for
perjury if it turns out that the
statements in the pleading are not
true. If a document is verified,
meaning it is notarized by a lawyer –
because a verification must have a
notarization of a lawyer, it is like an
affidavit – if it turns out not to be true,
you will be held liable for perjury.
• The danger of verifying a pleading
even if the law does not require it to be
verified is that you will be exposing
yourself to perjury. You should not
verify it unless the law so provides.
Certification Against Non-Forum Shopping
(Sec. 5)
• A certification of non-forum shopping
(CNFS) is a certification by the pleader
that there is no other case similar to
the case filed still pending in other
courts.
• A CNFS is required only in an initiatory
pleading such as in a complaint. An
Answer is not an initiatory pleading. A
permissive counter-claim is considered
an initiatory pleading. A third-party
complaint is also an initiatory pleading.
A cross-claim is also an initiatory
pleading because you set into motion a
new case or allegation. These must be
verified and must have a CNFS.
What pleadings require a certification against
non- forum shopping (Initiatory pleadings)
1. Complaint
2. Permissive counterclaim
 3. Cross-claim When there is willful Ground for summary
4. Third (fourth, etc.) party complain and deliberate forum dismissal with prejudice;
5. Complaint-in-intervention shopping Direct contempt of court;
Cause for administrative
Who signs: sanctions

• General Rule: Plaintiff or Principal party

• Rationale: The plaintiff, not the
counsel, is in the best position to know
whether he or it has actually filed or
caused the filing of a petition.
Certification signed by counsel without
proper authorization is defective, and a
valid cause for dismissal [Anderson v.
Ho, G.R. No. 172590 (2013)]
• Exception: Authorized person, usually
counsel If, for 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 [Vda. de
Formoso v. PNB, G.R. No. 154704
(2011)] In cases of a juridical entity,
the certification may be executed by a
properly authorized person through
due authorization by a board
resolution. [Cosco v. Kemper, 670
SCRA 343 (2012)]
• Note: Similar to the new requirement
under verification, the authorization of
the affiant to act on behalf of the
party, should be attached to the
pleading.
Effect of Noncompliant CNFS (Sec 5, Rule 7)
Defect Effect
Failure to comply with Not curable by
the requirement amendment of
complaint or
initiatory pleading
Authorization of Client (Sec. 5 par. 2)
• The authorization of the affiant to act
on behalf of the party and sign the
verification and the certificate of non-
forum shopping should be attached to
the pleading.
• Non-compliance with this requirement
is not curable by amendment but is a
cause for the dismissal of the case
without prejudice.
• Monte: If you file a case as a
representative party, you are filing it
for and behalf the real owner of the
real party in interest, and sign the
verification and CNFS, you should
attach your authority which is the
Special Power of Attorney executed in
your favor by the real party in interest.
• Non-compliance with this requirement
is not curable by amendment but is a
cause for the dismissal of the case
without prejudice. If you do not have a
CNFS, your case will surely be
dismissed. You cannot amend it.
Contents of Pleadings (Sec. 6)
• Every pleading stating a party's claims
mere
the or defenses shall, in addition to those
other mandated by Section 2, Rule 7, state
the following:

Cause for dismissal of a) Names of witnesses who will be

the case, without presented to prove a party's claim or
prejudice, unless defense;
otherwise provided, upon b) Summary of the witnesses' intended
motion and after hearing testimonies, provided that the judicial
affidavits of said witnesses shall be
False Certification Constitutes indirect attached to the pleading and form an
Non-Compliance of the contempt of court, integral part thereof.
undertakings therein without prejudice to c) Documentary and object evidence in
administrative and support of the allegations contained
criminal actions therein

• Monte: This is entirely new.

13
 • Under the Amendment, when you file a
complaint you must indicate or
incorporate in the complaint or answer
the name of your witnesses and ALL
the judicial affidavit of your witnesses
must be attached to the pleading –
complaint or answer – and they shall
form an integral part thereof. Even the
documentary and object evidence must
be attached.
• Rationale: To ensure that a person
filing a case or a pleading would, at the
time of filing, already have evidentiary
basis to back the same up, and there
would be no delay caused by parties
still trying to find evidence as basis for
the claims during the pendency of the
case.
• General Rule: Only witnesses whose
judicial affidavits are attached to the
pleading shall be presented by the
parties during trial.
• Exception: If a party presents
meritorious reasons as basis for the
admission of additional witnesses.
RULE 8: MANNER OF MAKING
ALLEGATIONS IN PLEADING
• Every pleading shall contain in a
methodical and logical form, a plain,
concise and direct statement of the
ultimate facts including the evidence
on which the party pleading relies for
his claim or defense, as the case may
be.
• If a cause of action or defense relied is
based on law, the pertinent provision
thereof and their applicability to him or
her shall be clearly and concisely
stated.
Two Kinds of facts in a Pleading
1. Ultimate Facts
2. Evidentiary Facts
• Monte: This is one of the important
amendments introduced by the 2019
Amendments.
• Under the former rules, when you
make an allegation in the pleading, you
14
are supposed to state only the ultimate
facts. You should avoid divulging
evidentiary matters because these are
matters that you can present during
the trial. You just state the ultimate
facts without need of stating the
evidentiary matters. In the 2019
Amendments, you have to state
evidentiary facts.
• There are two facts that must be
stated in the pleading. The ultimate
facts and the evidentiary facts. The
ultimate facts support your claim or
defenses. The evidentiary facts support
the ultimate facts.
• Under the New Rules, you have to
divulge in the pleading both the
ultimate facts and the evidentiary
facts.
• If your pleading is based on a provision
of law, you have to quote the provision
of law in your pleading – the pertinent
provision thereof and the applicability
to you shall be clearly and concisely
stated in the pleading.
• Ultimate Facts- These are the
important and substantial facts which
either directly form the basis of the
plaintiff’s primary right and duty or
directly make up the wrongful Acts or
omissions by the defendant.
• Evidentiary Facts- Those which are
necessary to prove the ultimate fact
or which furnish evidence of the
existence of some other facts.
• Conclusions of Law- Not sustained
by declarations of facts. It does not
aid the complaint in setting forth a
cause of action.
• Note: One must not state conclusions
of law and statements or mere
evidentiary facts as this can be
subjected to a motion to strike.
Alternative Causes of Action or Defense
(Sec. 2)
• A party may set forth two or more
statements of a claim or defense
alternatively or hypothetically, either in
one cause of action or defense or in
separate causes of action or defenses.
When two or more statements are
made in the alternative and one of
them if made independently would be
sufficient, the pleading is not made
 insufficient by the insufficiency of one
or more of the alternative statements.
• Example: A plaintiff may be unsure as
to whether the liability of the carrier is
based either on breach of contract or a
quasi-delict. The rules allow him to
state both causes of action in the
alternative. [1 Riano 278, 2016
Bantam Ed.]
How allegations in a pleading made (Secs.
3-6)
a) Condition Precedent – General
b) Capacity to Sue – Particularity
c) Fraud or Mistake – Particularity
d) Malice, intent, condition of mind –
General
e) Allegations of Judgment – General
Action or Defense Based on Document
(Sec. 7)
If the action or defense is based on
document:
1. The substance of such shall be set
forth in the pleading, and
2. The original copy thereof be attached
as an exhibit, and be considered part
of the pleading as an exhibit.
• Monte: If your action or defense is
based on a document, you do not have
to copy in verbatim the document in
your pleading. You just pick the portion
in the document which is relevant to
your cause of action or defense.
• You quote the pertinent portion and
you attach the entire document as an
exhibit and part of the pleading.
• Note: The Amended Rules deleted the
provision allowing for the copying of
the instrument on the pleading.
Therefore, such is no longer allowed as
a means of pleading an actionable
document. This means that setting
forth the substance of the actionable
document and the attachment of such
to the pleading is the only way to plead
the document under the Amended
Rules. (UP BOC 2020)
What is an actionable document
• An actionable document is a document
which serves as the basis of plaintiff’s
cause of action or the defendant’s
defense.
How to plead an actionable document
• The party does not have to copy in
verbatim the entire actionable
document but you have to attach the
same to the pleading as an exhibit,
which shall be deemed to be a part of
the pleading.
How to Contest such Document
• General Rule: The adverse party, under
oath, specifically denies them, and sets
forth what he or she claims to be the
facts.
• Exceptions: The requirement of an
oath does not apply when:
1. The adverse party does not appear to
be a party to the instrument
2. Compliance with an order for an
a inspection of the original instrument is
refused
• Effect of failure to deny under oath an
actionable document: The genuineness and
due execution of the actionable document
is deemed admitted. (Section 8, Rule 8)
Specific Denial (Sec. 10)
Three ways to make a specific denial
1. By specifically denying the averment
and, whenever possible, setting forth
the substance of the matters relied
upon for such denial;
2. Partial denial – He may admit a portion
of the averments in the complaint and
specifically deny the rest and state
what is the truth of what is denied
3. By an allegation of lack of knowledge
or informationrmation sufficient to form
a belief as to the truth of the averment
in the opposing party’s claim.
Effect of Failure to Deny Material
Averments (Sec. 11)
• Effect of failure to specifically deny
material averments in the complaint is that
said averment are deemed admitted,
except:
a) Amount of unliquidated damages
b) Immaterial averments
15
 c) Conclusion of facts or law
Affirmative Defenses (Sec. 12)
• Aside from the affirmative defenses under
Section 5 of Rule 6, the following can also
be raised as affirmative defenses:
a) Lack of jurisdiction over the person
b) Venue is improperly laid
c) Plaintiff has no legal capacity to sue
d) Pleading states no cause of action
e) Failure to comply with condition
precedent to the filing of the case
• This Rule deals with the declaration of
default.
Effect if you failed to answer the complaint:
• The first section deals with the effect of
failure to plead the necessary defenses and
available objections.
• According to this rule, if you failed to plead
the defenses and objections available to
you, then these defenses and objections
are deemed waived.
What are these defenses?

a) Special affirmative defenses

• Note: These are grounds under Rule 16 in b) Defense of fraud
the former rules which has already been c) Illegality of contract
removed by the Amendments. d) The contract is unenforceable under the
Statute of Frauds

What are these affirmative defenses under Objections that are not deemed waived:
Section 5 of Rule 6?
1) Lack of jurisdiction over the subject
a. Fraud matter;
b. Statute of Limitations 2) Litis pendentia;
c. Release 3) Res judicata; and
d. Payment 4) Prescription of action
e. Illegality
f. Statute of Frauds
g. Estoppel When Defendant May Be Declared in
h. Former recovery Default (Sec. 3)
i. Discharge in Bankruptcy
j. Other matter by way of confession or • Monte: Under the Rules, once you receive
avoidance your complaint, which is usually served to
you together with the summons by the
• Failure to raise the above affirmative sheriff, you have a certain period to
defenses at the earliest opportunity answer. You had 15 days to answer under
constitutes a waiver. the old Rules. Now, under the amendment,
• The court shall motu proprio resolve the you now have 30 days to answer. Take
above affirmative defenses within 30 days note of that.
from the filing of the answer. • So, you have 30 days to answer. What
• As to the affirmative defenses under the happens when you fail to answer within the
first paragraph of Section 5 (b), Rule 6, the reglementary period of 30 days? The
court may conduct a summary hearing answer is that you MAY be declared in
within 15 days from the filing of the default.
Answer and the same shall be resolved • Declaration of default is not automatic. It
within 30 days from the termination of the requires a motion to be filed by the
summary hearing. plaintiff.
• Monte: So, if the period for the defendant
to file an answer expires, and no answer
was filed by him, it is incumbent upon the
RULE 9: EFFECT OF FAILURE TO plaintiff to move that the defendant be
PLEAD declared in default. The court cannot motu
propio declare the defendant in default.

16
• So, if the plaintiff did not file a motion to
declare the defendant in default, despite
the lapse of the reglementary period to file
the answer, and the defendant
immediately filed his answer, the court is
bound to accept the answer of the
defendant. This is because the defendant
has not been declared in default. So, the
answer may still be accepted by the court.
So, there must be a motion filed to that
effect.
• So, after the lapse of the 30-day period
and there is no answer filed by the
defendant, he can immediately file a
motion to declare the defendant in default.
Effect of Declaration of Default
• Monte: Now, when the plaintiff files
motion to declare the defendant in
default, the plaintiff must still have to
furnish a copy of his motion to the
defendant. So, even if the defendant did
not file his answer, he is still entitled to
notices from the time the plaintiff filed a
motion to declare defendant in default,
and up to the time the court decides the
case. So, even during the pendency of
the proceedings to declare him in default,
the defendant is entitled to subsequent
notices. But, although he is notified of the
motion to declare him in default, he
cannot participate in the ex-parte
hearing.
Relief Available to the Defendant in Default
• Monte: When the defendant is declared in
default, and he has a justifiable reason
why he failed to file his answer, he may
file a motion to lift or set aside the order
of default. And the ground that he can
use is FAME.
FAME:
a) Fraud
b) Accident
c) Mistake
d) Excusable negligence
• Monte: So, the defendant, when he files a
motion to lift the order of default, the
defendant can say, “I was not able to
answer within the reglementary period
17
because of fraud, accident, mistake and
excusable negligence.”
• And the motion to set aside the order of
default must be under oath or verified by
the defendant, and most important, it
must contain an affidavit of merit
attached to it.
Effect of Lack of Affidavit of Merit
• Monte: If your motion to lift order of
default is not accompanied by an
affidavit of merit, your motion will not
be acted upon by the court, or it will be
treated as a pro forma motion.
Partial default
• Partial default occurs when there are
several defendants, some of whom
filed their answer while others did not
file their answers. So, those who did
not file their answers can be declared
in default, while those who filed their
answer will have the opportunity to
oppose the claim of the plaintiff.
When Default is Not Allowed
• In cases of Annulment of marriage,
declaration of nullity of marriage or
legal separation, because these are
cases that also cannot be
compromised.
Extent of relief that the court can reward when
the defendant is in default
• The court can only grant the reliefs
stated in the complaint which are
proven by the plaintiff.
• The court can only grant liquidated
damages, and not unliquidated
damages.
RULE 10: AMENDED AND
SUPPLEMENTAL PLEADINGS
• Amendments and supplemental
pleadings refer to changes on the
original pleading filed.
How to Amend Pleadings
a. Adding an allegation;
b. Adding the name of any party;
c. Striking out an allegation; • Once the defendant has filed his/her
d. Striking out the name of any party; responsive pleading, amendments of
e. Correcting a mistake in the name of a pleadings will now require leave of
party; court.
f. Correcting a mistaken or inadequate
allegation or description in any other Formal Amendment (Sec. 4)
respect. • Formal amendment refers to the
Purpose amendment of the pleading in order to
correct some clerical or typographical
• So that the actual merits of the errors, or some statements that are
controversy may speedily be harmless and innocuous – it will not
determined, without regard to affect the right of the defendant.
technicalities, and in the most • Substantial amendments are
expeditious and inexpensive manner. amendments that will affect the rights
• The courts should be liberal in allowing of the defendant. Substantial
amendments to pleadings to avoid a amendments require leave of court.
multiplicity of suits and in order that
the real controversies between the Requisites:
parties are presented, their rights 1) Motion for leave of court, accompanied
determined, and the case decided on by the amended pleading sought to be
the merits without unnecessary delay admitted (Sec. 9, Rule 15);
[Tiu v. Phil. Bank of Communication,
G.R. No. 151932 (2009)] 2) Notice is given to the adverse party;
• As a general policy, liberality in and
allowing amendments is greatest in the
early stages of a law suit, decreases as 3) Parties are given the opportunity to be
it progresses and changes at times to a heard. (Sec. 3, Rule 10)
strictness amounting to a prohibition.
When Amendment Must Be Denied
This is further restricted by the
condition that the amendment should
not prejudice the adverse party or
place him at a disadvantage [Barfel 1) When amendment is to delay the
Development v. CA, G.R. No. 98177 action;
(1993)]
2) When amendment is for the purposes
How to file amended pleadings of making the complaint confer jurisdiction
upon the court; or
• When any pleading is amended, a new
copy of the entire pleading, 3) When the pleading states no cause of
incorporating the amendments, which action from the beginning, and the
shall be indicated by appropriate amendment is for the purpose of curing it.
marks, shall be filed [Sec.7., Rule 10]
Exceptions to the Rule that Defenses
Types of Amendments Not Raised are Deemed Waived (Sec.
5)
Two kinds of amendments:
1997 Rules 2019 Amendment
1. Amendment as a matter of right; or When issues not raised When issues not raised
2. Amendment as a matter of judicial by the pleadings are tried by the pleadings are tried
discretion with the express or with the express or
implied consent of the implied consent of the
Amendment as a matter of right parties, they shall be parties, they shall be
treated in all respects as treated in all respects as
• Rule 10 provides that amendment is a
if they had been raised in if they had been raised in
matter of right before the defendant the pleadings. the pleadings. No
files his responsive pleading (Answer). Amendment may be amendment of such

18
necessary to conform pleadings deemed • An amended pleading supersedes the
to evidence. amended is necessary pleading that it amends. However,
to cause them to admissions in superseded pleadings
conform to the may be offered in evidence against the
evidence. pleader, and claims or defenses alleged
therein not incorporated in the
amended pleading shall be deemed
Supplemental Pleadings (Sec. 6) waived.
• Supplemental pleading are those that
set forth transactions, occurrences or RULE 11: WHEN TO FILE RESPONSIVE
events which have happened since the PLEADINGS
date of the pleading sought to be
supplemented. It must be done upon
motion of the party, with reasonable Responsive Reckoning
Period
notice to the other party. Once Pleadings Point
approved by the court, the adverse Answer to the Within 30 Service of
party may plead thereto within ten Complaint calendar days Summons
(10) days from notice of order (Sec.1) (unless a
admitting the supplemental pleading. different period
• Unlike the amended pleading, the is fixed)
supplemental pleading always requires Answer of a Within Receipt of
leave of court. defendant 60 summons
• While, in the case of amended foreign private calendar by such
pleading, it can be with leave of court juridical entity days entity
whose
or without leave of court. If there is yet
summons was
no responsive pleading from the
served on the
defendant, it is a matter of right, so government
leave of court is not required. Leave of official
court is required only when there is a designated by
responsive pleading filed. Because law [Sec. 2]
amendment here is no longer a matter
of right, but a matter of judicial Answer to Within Service of a
amended 30 copy of the
discretion.
complaint as calendar amended
Amended vs. Supplemental Pleadings a days complaint
matter of
Amended Pleading Supplemental right [Sec. 3]
Pleading Answer to Within Notice of the
Refers to facts existing Refers to facts amended 15 order admitting
at the time of the arising after the complaint NOT calendar The amended
commencement of the filing of the as a matter of days complaint
action original pleading right [Sec. 3]
Results in the Is merely in Answer to an Same as Same as
withdrawal of the addition to, but amended answer answer
original pleading does not result in counterclaim to the to
the withdrawal of amended amended amended
the original crossclaim, complain complain
pleading amended third t t
Can be made as a Are always (fourth, etc.) -
matter of right with leave of party
court complaint, and
amended
complaint- in
Effect of Amended Pleading (Sec. 8) intervention
[Sec. 3]

19
Answer to Within Service
counterclaim 20
or cross-claim calendar
RULE 13: FILING AND SERVICE OF
[Sec. 4] days
PLEADINGS, JUDGMENT, AND
Answer to Same as Same as OTHER PAPERS
third (fourth, answer to the answer to the
etc.) - party complaint complaint
complaint [Sec.
• Filing- Delivery of the pleading into the
5]
hands of the clerk of court
Reply [Sec. 6] Within Service of the
• Service- Refers to the act of furnishing
15 pleading
calendar responded to a copy of the pleading to the other
days party
Answer to Within 20 Notice of the Manner of Filing
supplemental calendar days order admitting
complaint [Sec. (unless a the same 1. Personally
7] different 2. Registered Mail
period is fixed 3. By Accredited Courier
by the court)
4. By electronic mail or other electronic
means
RULE 12: BILL OF PARTICULARS
Modes of Service

• Pleadings, motions, orders, judgments,

Bill of Particulars
• A bill of particulars is a more definite
statement of any matter which is not
averred with sufficient definiteness or
particularity in a pleading so as to
enable the opposing party to prepare
his responsive pleading. It should not
be used to ask the Plaintiff to divulge
evidentiary matters.
Action of the Court (Sec. 2)
Proof of Filing
• The clerk must immediately bring it to
the attention of the court which may
either deny or grant it outright, or
allow the parties to be heard
Effect of Non-Compliance (Sec. 3)
• The Court may order the striking out of
the pleading or a portion thereof for
noncompliance.
Effect of Filing a Bill of Particulars (Sec. 5)
• The filing of a bill of particulars stops
or interrupts the running of the period
to file an answer. But, at least 5 days
to answer.
and other court submissions shall be
served:
1. Personally,
2. By registered mail,
3. By accredited courier,
4. By electronic mail, facsimile
transmission, or other electronic means
as may be authorized by the Court
5. By service as provided for in
international conventions to which the
Philippines is a party, and
6. Substituted service. [Sec. 5, Rule 13]
• Personal Filing- By the written or
stamped acknowledgment of its filing
by the clerk of court on a copy of the
pleading or court submission
• Filing by registered mail- By the
registry receipt and the 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 sealed envelope addressed to the
court, with postage fully prepaid, and
with the instructions to the postmaster
to return the mail to the sender after
10 calendar days if not delivered.
• Filing by accredited courier- By an
affidavit of service of the person who

20
 brought the pleading or other • Service by ordinary mail- Upon the
document to the service provider, and expiration of the 10 calendar days
the courier’s official receipt and after mailing, unless the court
document tracking number. otherwise provides.
• Electronic Filing- By an affidavit of • Service by registered mail-
electronic filing of the filing party, and Upon the actual receipt by the
a paper copy of the pleading or other addressee or after 5 calendar days
document transmitted, or A written or from the date he or she received the
stamped acknowledgment of its filing first notice of the
by the clerk of court. postmaster, whichever is
• Filing by other authorized earlier.
electronic means- By an affidavit of • Service by accredited
electronic filing of the filing party, and courier- Upon actual receipt by the
a copy of the electronic addressee or after at least 2
acknowledgment of its filing by the attempts to deliver or upon the
court. expiration of 5 calendar days after the
first attempt to deliver, whichever is
Proof of Service earlier
• Personal Service- A written • Electronic Service- At the time of the
admission of the party served, or the electronic transmission of the
official return of the server, or The document or at the time that the
affidavit of the party serving, electronic notification of serviceof the
containing a statement of the date, document is sent.
place, and manner of service
• Service by Ordinary mail- An RULE 14: SUMMONS
affidavit of the person mailing stating
the facts showing compliance with Sec.
7, Rule 13.
• Note: This mode of service may only Summons (Sec. 1)
be availed of if no registry service is
• Summons is a written order from the
available in the locality as per Sec. 7,
court informationrming the defendant
Rule 13.
that there is a case filed against him,
• Service by Registered Mail- An
and he has to file his answer to that
affidavit of the person mailing stating
complaint.
the facts showing compliance with Sec.
• So, the complaint will be attached to
7, Rule 13 and the registry receipt
the summons, and it will be served on
issued by the mailing office.
the defendant. The defendant is
• Service by accredited courier- An
informationrmed that he has to answer
affidavit of service executed by the
the summons within the reglementary
person who brought the pleading or
period, which is now thirty days. Now,
paper to the service provider, and the
there is also a warning found in the
courier’s official receipt or document
summons that should the defendant
tracking number.
fail to file his answer within the
• Service by Electronic Mail,
reglementary period, then the
Facsimile, or other authorized
defendant may be declared in default
electronic means of transmission-
by the court, and he loses his standing
An affidavit of service executed by the
in court.
person who sent the e-mail, facsimile,
• The summons is issued once the
or other electronic transmission, and
complaint is filed in court, within five
printed proof of transmittal.
(5) days from the filing of the
Completeness of Service complaint and the payment of docket
and other lawful fees, the judge will
• Personal Service- Upon actual direct the clerk of court to issue the
delivery summons. And, the summons is issued

21
 in the name of the Republic of the
Philippines, contains the caption of the
case; the court where it is filed or the
court which issued the summons.
By whom Issued (Sec. 2)
Who Serves the Summons
1. Sheriff
2. Deputy Sheriff
3. Other proper court officer (like the
process server)
4. Plaintiff, in case of failure by (1) to
(3), if authorized by the court.
• Monte: This is something very new and
introduced for the first time by the
2019 Amendment. Now, the plaintiff
can already serve the summons if the
sheriff, the deputy sheriff and other
proper court officers fail to serve it
upon the defendant. But the plaintiff
cannot serve it alone; he must be
accompanied by the sheriff.
• Now, if the plaintiff is the one who
serves the summons, and he
misrepresents to the court – meaning,
he told the court the summons was
already served to the defendant when
in truth and in fact it was not yet
served. What are the consequences?
• A: The complaint or the case will
immediately be dismissed with
prejudice, and the plaintiff will also
suffer the consequences of his action
because the court may impose
disciplinary action on him.
Lifespan of Summons (Sec. 4)
• The validity of the summons is until it
is served, unless it is recalled by the
court.
• In the event that the summons is
destroyed or lost in the hands of the
plaintiff or the sheriff, the court may
issue an alias summons.
Personal Service of Summons (Sec. 5)
• Summons must be served to the
defendant personally. Meaning, it must
be served personally to the defendant,
wherever the defendant may be.
22
• Summons may be served at any time
of the day. Monte: It can be served
anywhere. But the first rule is that you
have to serve it at the residence of the
defendant, or if not, at his office.
• But, if he cannot be found at his
residence or at his office, the sheriff
can serve it in any other place where
the defendant can be found.
If Defendant Refuses to Receive Summons
• If the defendant refused to receive the
summons, the sheriff can leave the
summons in front of him, and the
sheriff can go and report to the court.
Because once the summons is served,
it is the duty of the sheriff to
immediately make a report. We call
that return of service of summons.
Substituted Service (Sec. 6)
• Dean Monteclar: This simply means
that the sheriff can give the summons
to another person for and in behalf of
the defendant.
• In the event the defendant cannot be
located, in spite of diligent efforts of
the sheriff, he could not find the
defendant despite several attempts,
then, the sheriff may now resort to
substituted service of summons.
• The meaning of “several attempts”
here is that the sheriff will have to
make at least three (3) attempts on
two different dates.
Where Substituted Service can be Made:
1) Defendant’s Residence
2) Defendant’s Place of Work
Time of Service:
• The summons shall be served, if it is
substituted service, between the time
of eight (8:00AM) in the morning up to
six o’clock (6:00PM) in the evening.
Service of Summons on Different
Individuals/Entitles (Secs. 7-16)
How Service of
Defendant
Summons is
Made
(1) Entity Service shall be made: d. Corporate Secretary;
without (1) On the manager of the e. Treasurer;
juridical entity; or f. In-house Counsel;
personality (2) On each of the owners g. Their secretaries; or
of the entity, if known. h. Any person who normally receives
(2) Prisoners Service shall be made to letters
the jail warden, who must • Monte: In the old Rules, this is
prepare a return of service exclusive. These are the only persons
of summons within 5 days who can receive summons on behalf of
from actual service a corporation. If you served summons
to the prisoner.
to other officers, the summons is not
(3) Minor or If incompetent:
properly served, and the service can be
Incompetent 1) The incompetent
questioned.
himself; and
• There were cases before that the
2) His/her legal
guardian. summons were served to the secretary
of the President, and the SC said that
If minor: is not a valid service of summons. But
On his parents.
now, this is already rectified.
(4) Spouses who Each of them must be served • Now, under the amendment, even the
are sued with summons individually. secretary of any of these officers can
jointly receive summons for the corporation,
(5) Defendant Service may be done but only in the absence of these
through
officers. So, if these officers
whose publication.
mentioned, if none of them is around,
identity is
unknown none of them can receive the summons
for the corporation, then, the summons
(6) Public On the officer-in-charge of
corporation can be served on the secretary of any
the corporation.
of them.
• Or, it can even be served on any
Duty of Counsel in Case of Improper person in the company who normally
Service of Summons (Sec. 13) receives letters or communications. So,
if we have the overall secretary, or
• In case of improper service of whoever is the person in charge of
summons, you can ask the court to receiving letters or communications,
dismiss because the court has not yet summons can be served on any of
acquired jurisdiction over the person of them.
the defendant.
• Although, it’s no longer a ground for a Service Upon Foreign Corporations Not
motion to dismiss, you can however Registered/Not Doing Business in the
incorporate that in your special Philippines
affirmative defense – improper service
• Service upon a foreign corporation not
of summons. But that is not applicable
registered in the Philippines, or has no
now, under the new Rules.
resident agent but is doing business in
Service Upon Private Juridical Persons the Philippines: service may, with leave
(Secs. 12 & 14) of court, be effected outside the
Philippines through:
Who can receive summons for corporations? a) Personal service coursed through the
court in the foreign country with the
• If the defendant is a private
assistance of the DFA;
corporation, the summons must be
b) Publication once in a newspaper in the
served to the following officials:
country where the defendant resides;
c) By facsimile;
a. President;
d) Electronic means with proof of service;
b. Managing Partner;
or
c. General Manager;

23
 e) Other such means as the court may
direct.
• Note: Service of summons through
electric means can be done through
email, but with proof of service.
Service of Summons by Plaintiff (Sec. 6)
When service of summons may be done by the
plaintiff:
a) In case of failure of service of
summons by the sheriff, the court may
authorize the plaintiff to serve the
summons together with the sheriff;
b) In case the summon shall be served
outside the judicial regional of the
court that issued it;
c) If the summons is returned without
being served on any defendant, the
court may order the plaintiff to serve
by other means
Service of Summons by Publication (Secs.
14-16)
When allowed:
1. In any action where the defendant
designated is an unknown owner, or
the like; or whenever his whereabouts
are unknown and cannot be
ascertained by diligent inquiry (Sec.
14). Within 90 days from
commencement by action, and by
leave of court; and
2. When the defendant does not reside
AND is not found in the Philippines, and
the action affects the personal status of
the plaintiff; or relates to or the
subject of which is property within the
Philippines, in which the defendant has
or claims a lien or interest; or the
property of the defendant has been
attached within the Philippines
(extraterritorial service).
3. Any action commenced against a
defendant who ordinarily resides within
the Philippines, but who is temporarily
out of it, service may, by leave of
court, be also effected by publication.
(Sec. 16)
24
• Service of summons by publication
may be resorted to when the
defendant is sued as an unknown
owner of a thing OR he is known, but
his whereabouts are unknown and
cannot be ascertained by diligent
inquiry, although he is just within the
Philippines. Here, leave of court is
required for the service of summons by
publication.
Extraterritorial Service of Summons
• When the defendant cannot be found,
or is outside the country, summons
may be served by:
a. Personal service;
b. Publication, only if:
• The case affects the personal status of
the plaintiff;
• It involves a property located in the
Philippines, in which defendant has a
claim, interest or lien; or
• The property of the defendant has
been attached.
c. In any manner the court may deem
sufficient.
Return of Service of Summons
• This refers to the report of the sheriff
to the court that he has already served
the summons.
• Monte: Now, the sheriff must describe
how the summons was served. If it
was personally served on the
defendant, the return of service must
specify: (1) when it was served to the
defendant, and (2) where.
Now, if it was done by substituted service of
summons, the sheriff must state:
a) The name of the person who received
the summons at the residence of the
defendant;
b) When the summons was served
c) That the substituted service of
summons was resorted to because he
could not locate the defendant despite
several attempts;
d) That he made at least three attempts
on two separate dates to serve the
summons personally on the defendant,
but it failed, so that’s why he resorted
to substituted service.
Proof of Service of Summons (Secs. 21-
22)
Proof of service of summons shall be made:
1) In writing by the server;
2) Set forth the manner, place, and date of
service;
3) Specify any papers which have been
served with the process;
4) The name of the person who received the
same; and
5) Shall be sworn when made by a person
other than a sheriff or the sheriff’s
deputy.
If through publication:
• Monte: The editor-in-chief will execute
an (1) affidavit of publication; and then
you (2) attach a newspaper copy
where the publication of summons
appeared.
• If through electronic mail:
1) A print-out of the email;
2) Copy of the summons as served;
and
3) Affidavit of the person mailing.
Voluntary Appearance (Sec. 23)
• Any form of appearance in court, by
the defendant, by his agent authorized
to do so, or by attorney, is equivalent
to service except where such
appearance is precisely to object the
jurisdiction of the court over the
person of the defendant [Carballo v.
Encarnacion, G.R. No. L- 5675 (1953)]
• Note: It is submitted that despite Sec.
23, Rule 14 mentioning lack of
jurisdiction over the person as a
ground to be included in a motion to
dismiss, such still remains to be a
prohibited motion under Sec. 12, Rule
15, as the only allowable grounds for a
motion to dismiss are lack of
jurisdiction over the subject matter,
litis pendencia, res judicata, and
prescription. A motion to dismiss on
the basis of lack of jurisdiction over the
defendant should be dismissed
outright. [Sec. 12, Rule 15]
• It is also submitted that the allegation
of any of the old grounds for a motion
25
to dismiss under Rule 16 of the old
rules of Civil Procedure would be
tantamount to a voluntary appearance
by the defendant. (UP BOC 2020)
RULE 15: MOTIONS
Motion Defined (Sec. 1)
• It is an application for relief from the
court but it is not among the pleadings
defined in Rule 6. As a rule, it must be
in writing.
Requisites for a Valid Motion (Sec. 2)
• Dean Monteclar: It must be in writing
except in open court. The innovation
introduced by the 2019 amendment is
that when a motion is made in open
court, it must be resolved immediately
by the court, right then and there. This
will prevent unnecessary delay. Now,
the amendment requires that the judge
should be firm and knowledgeable of
the rules so he can immediately
resolve an oral motion in open court.
Contents (Sec. 3)
• A motion contains the relief being
prayed for and the laws that back it up.
• Hearing a litigious motion is
discretionary on the court. Hearing is
no longer mandatory.
2 KINDS OF MOTIONS:
1) Non-Litigious
2) Litigious – there is an issue to be
discussed by the parties. If the court
feels that there is need to present
evidence, the court may call a hearing.
Non- Litigious Motions (Sec. 4)
a) Motion for issuance of alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for issuance of writ of
execution’
e) Motion for issuance of alias writ of
execution
f) Motion for issuance of writ of
possession
 g) Motion for issuance of an order Prohibited Motions (Sec. 12)
directing the sheriff to execute final
certificate of sale; Prohibited Motions:
h) Other similar motions 1. Motion to Dismiss, except:
• N.B. Must be resolved within 5 days. a) Lack of jurisdiction over the subject
Litigious Motions (Sec. 5) matter
b) Litis pendentia
Litigious Motions where the other party will c) Res judicata, and
have the opportunity or would normally d) Prescription
oppose:
• Dean: This is why Rule 16 has already
a) Motion for bill of particulars; been deleted from the rules of court.
b) Motion to dismiss; But even so, you can still file a motion
c) Motion for new trial; to dismiss based on these three
d) Motion for reconsideration; grounds. These are very important
e) Motion for execution pending appeal; grounds for dismissal because even the
f) Motion to amend after a responsive court can motu proprio dismiss based
pleading has been filed; on these grounds.
g) Motion to cancel statutory lien;
h) Motion for an order to break in or for 2. Motion to hear affirmative defenses;
a writ of demolition; • In the former rules, you may ask the
i) Motion for intervention; court to hear first the affirmative
j) Motion for judgment on the defenses. If the court is convinced on
pleadings; the validity of your affirmative defense,
k) Motion for summary judgment; the court can dismiss the case. But
l) Demurrer to evidence; now, if your affirmative defenses
m) Motion to declare defendant in incorporated in your answer is not
default; and based on any of the four grounds
n) Other similar motions. mentioned here, the court can right
away resolve the affirmative defenses
• N.B. All motions shall be served by without you asking for a hearing. There
personal service, accredited private will no longer be a trial on the merits of
courier or registered mail or electronic the case.
means.
• Litigious motions shall be opposed 3. Motion for reconsideration of the
within five (5) calendar days from court’s action on the affirmative
receipt. defenses;
• Motion shall be resolved by the court • If the court dismissed the complaint for
within fifteen (15) days from receipt of the reason that it is clear from the
opposition. allegations of the complaint that it does
• Notice of hearing on litigious motions is not state a cause of action, can the
discretionary. plaintiff file a motion for
• Proof of service – no written motion reconsideration? NO.
shall be acted upon without proof of
service. 4. Motion to suspend proceedings
Omnibus Motion Rule (Sec. 8) without TRO or Injunction issued by
the higher court.
• It is a motion that contains several • You cannot anymore ask the court to
grounds as basis. suspend the proceeding if there is no
• The rule is that if you file a motion TRO or PI issued by the higher court.
in court such as a motion to 5. Motion for extension of time to file
dismiss, you have to state all the pleadings, affidavits or any other
ground available to you. You must papers, except a motion for extension
not present a piece-meal. to file an answer.

26

• The only pleading that you can ask for
an extension of time to file is the
Answer.
6. Motion for postponement intended for
delay, except if it is based on acts of
God, force majeure or physical
inability of the witness to appear and
testify. If the motion is granted based
on such exceptions, the moving party
shall be warned that the presentation
of its evidence must still be terminated
on the dates previously agreed upon.
Motion for postponement is allowed only on
two grounds:
a) Force Majeure
b) Physical inability of the witness to
appear – it should be supported with a
medical certificate which is subscribed
and sworn to before a notary public.
Such that if the doctor who issued it is
not telling the truth, then the doctor
can be sued for perjury.
• If you ask for postponement, be sure
that you will be able to finish the
presentation of evidence within the
given time of 90 days.
Dismissal with Prejudice (Sec. 13)
Grounds:
1) Res Judicata or Prescription;
2) The claim has already been paid,
waived, or abandoned or extinguished;
3) Claim in unenforceable under the
statute of frauds.
Effect:
• Cannot be re-filed but it is subject to
appeal.
• Dean: This means that if the ground
for dismissal is other than these three,
then the dismissal is without prejudice
to the refiling. What are the other
grounds for the dismissal?
a) Lack of jurisdiction over the subject
matter – This time you have to state
27
clearly that it is filed in the court which
has jurisdiction.
b) Improper Venue
c) Lack of legal capacity to sue
d) Failure to state a cause of action – this
time, make sure your complaint states
all the elements of a cause of action.
e) Failure to comply with a condition
precedent
RULE 17: DISMISSAL OF ACTIONS
• The dismissal of a case is normally at
the instance of the defendant. This is
done by way of a motion to dismiss if
the ground is lack of jurisdiction over
the subject matter, litis pendentia, res
judicata, or prescription. The defendant
can also ask for the dismissal of the
case through his answer which contains
the affirmative defenses.
• There are times where the case will be
dismissed at the instance of the
plaintiff.
• This could be done as a matter of right
or as a matter of judicial discretion.
Sec.1 refers to the dismissal of the
complaint as a matter of right.
When a Matter of Right (Sec. 1)
• If the defendant has not yet filed an
Answer or a Motion for Summary
Judgment.
• If there is yet no answer, the plaintiff
can always dismiss the case that he
filed and all he has to do is to send a
notice of dismissal to the defendant
and copy furnish the court. This is not
a Motion because you are not asking a
favor from the court. It is your right to
withdraw. The appropriate term here is
“Notice of Withdrawal of the
Complaint” or Notice of Dismissal”.
By Notice of Dismissal
• Dismissal is without prejudice EXCEPT
when the order of dismissal provides
otherwise OR under the Two Dismissal
Rule.
Two-Dismissal Rule
• The notice of dismissal operates as an
adjudication upon the merits [Sec. 1,
Rule 17]
Applies when the plaintiff has:
1) A twice dismissed action,
2) Based on or including the same claim,
3) In a court of competent jurisdiction. [1
Riano 490, 2014 Bantam Ed.]
Dismissal Upon Motion of Plaintiff (Sec. 2)
• When the defendant has already filed
an answer, the plaintiff can still ask for
the dismissal of the complaint but this
time, there must be leave of court.
• The dismissal does not include the
counterclaim that has already been
incorporated in the answer of the
defendant unless the defendant
manifested her intention to have her
counterclaim be tried in the same
action.
• Dean: The withdrawal of the case does
not include the counterclaim, meaning
the counterclaim can stand if the
defendant, within 15 days from receipt
of the order of the court allowing the
dismissal of the complaint, manifests
that she wants her counterclaim to be
tried in the same court. Or she may
manifest that the counterclaim be tried
in a separate action.
• Dismissal is without prejudice unless
otherwise specified.
Dismissal Due to Fault of Plaintiff (Sec. 3)
Grounds:
1. When the plaintiff fails to appear on
the date of the presentation of his
evidence in chief;
2. When the plaintiff fails to prosecute his
case for unreasonable length of time;
3. When plaintiff fails to comply with the
Rules of Court or any order of the court
for no justifiable reason or cause.
Dismissal of Counterclaim, Cross- Claim,
or Third-Party Complaint. (Sec. 4)
• Provisions of Rule 17 shall apply to the
dismissal of any counterclaim, cross-
claim, or third-party complaint.
28
Voluntary dismissal by the claimant by notice
as in Sec. 1, Rule 17 shall be made:
a) Before a responsive pleading or a
motion for summary judgment is
served; or
b) If there is none, before the introduction
of evidence at trial or hearing.
RULE 18: PRE-TRIAL
• Pre-trial is MANDATORY in civil
cases.
When Conducted (Sec. 1)
• Pre-Trial is conducted after receipt of
the Answer or Reply for cases where
Reply is needed.
• The Clerk of Court has the duty to set
the date of Pre-Trial within 5 days after
receipt of the last responsive pleading.
• Pre-Trial should be set not more than
60 days from the date of the receipt of
the last responsive pleading.
Pre-Trial Notice (Sec. 3)
The Notice of Pre-Trial shall state the dates for
the following:
a. Pre-Trial
b. Court Annexed Mediation (CAM)
c. Judicial Dispute Resolution (JDR)
• Notice of Pre-Trial shall be served on
counsel, or on the party if the party
has no counsel.
Purpose of Pre-Trial (Sec. 2)
• To simplify issues and to lay down
ground rules of trial.
• Dean: The other purpose of a pre-trial,
among others, is to ascertain the
possibility of an amicable settlement or
submission to alternative modes of
dispute resolution.
• Dean: This is why there is resort to
CAM. If CAM cannot resolve the
dispute, then JDR will be resorted to.
• CAM is presided by the Judge handling
the case. If he/she cannot settle the
dispute, then another Judge will step in
 to try to settle the dispute. This is now • The Pre-Trial Brief is to be filed 3 days
called JDR. before pre-trial.
• Effect of failure to file pre-trial brief:
Other purposes of Pre-Trial: Tantamount of failure to appear at pre-
a. Simplification of Issues trial.
b. Possibility of obtaining stipulations or Pre-Trial Order (Sec. 7)
admissions of facts of documents to avoid
unnecessary proofs. • Pre-trial order is an order issued by
c. Limitation of number of witnesses and the court after pre-trial.
setting of trial dates
d. Advisability of having trial by Contents:
commissioners 1) Enumeration of admitted facts
e. Propriety of rendering summary 2) Minutes of pre-trial conference
judgment or judgment on the pleadings 3) Issues
Marking of Evidence 4) Applicable law
5) Evidence marked
• Parties may mark or reserve evidence 6) Specific Trial dates
during pre-trial. 7) Case Flowchart
• Dean: The requirement of parties to
mark their respective evidence during Pre-Trial
pre-trial is new under the 2019 Rules.

What the evidence during pre-trial consist of CAM

1) Testimonial evidence: Name of

witnesses and the nature of their JDR
testimony
2) Documentary/ object: A brief
description of the evidence.
Hearing
Appearance of Parties (Sec. 4)

• Parties and their Counsels must appear Judgment

personally during pre-trial.
• Failure to attend pre-trial without
Appeal
justifiable reason will be considered a
waiver of any objection to the
faithfulness of the reproductions
marked or their genuineness and due
• Courts are advised to adhere strictly to
execution.
the one day examination of witness
Effect of non-appearance (Sec. 5) rule.
• One-day examination of witness rule-
1) Plaintiff- Dismissal of case w/ prejudice As much as possible, witnesses are to
2) Defendant- Plaintiff may present be examined in one day only.
evidence ex parte • Parties are enjoined to present only the
• If parties appear through most important witnesses. Other
representative, must have SPA with corroborative/ cumulative witnesses
specific authority to enter into may be excluded by the court.
settlements, ADR or other stipulations. • The witnesses’ testimonies must be
If corporation, board resolution. through Judicial Affidavits (Mandatory).

Pre-trial Brief (Sec. 6) Motion for Postponement of Pre-Trial

• Pre-trial brief is MANDATORY in civil

cases.

29
 • Motion for postponement
presentation of witnesses
allowed except:
a. Act of God
b. Force majeure
c. Inability of witness to testify.
• The Party causing the postponement
must finish presentation of evidence
on date agreed upon.
Judgment after Pre-Trial (Sec. 10)
• If there are no more controverted
issues, the court can immediately
proceed to judgment either by
judgment on the pleadings
summary judgment.
• Court has 90 days to render decision.
• Decision of the court in judgment after
pre-trial shall not be subject to appeal
or certiorari.
RULE 19: INTERVENTION
• An intervention is a remedy where a
Person not a party to the case may
intervene if he has legal interest in the
matter under litigation.
When to Intervene (Sec. 2)
• Parties may intervene at any time
before judgment.
Pleadings-in-Intervention (Sec. 3)
• File complaint/ Answer-in-intervention
Requirements for Intervention
1) Intervenor must have legal interest in
the matter under litigation
2) Intervention must not delay the case
Factors to Consider in Allowing Intervention
• If intervention will delay the case
• Intervention not proper if intervenor’s
right may be protected in a similar
proceeding.
Effect of dismissal of main action
intervention
of • If the main action is connected to
not intervention, intervention also
dismissed.
RULE 21: SUBPOENA
• A Subpoena is an order issued by the
court compelling a witness to testify or
to bring certain documents to court.
2 kinds:
1) Subpoena duces tecum-to bring
documents
2) Subpoena ad testificandum- to testify
or
3) If both: Subpoena ad testificandum
duces tecum
Who may Issue a Subpoena (Sec. 2)
1) The court before whom the witness is
required to attend
2) The court where the witness is required
to attend a deposition
3) Any law enforcement authority with
investigative powers
4) Justice of the Supreme Court or Court
of Appeals in connection with any
investigation.
Service of Subpoena (Sec. 6)
• Service of Subpoena may be done
personally or via registered mail
Compelling Attendance (Sec. 8)
• Dean: Once a court issues a subpoena,
the witness is compelled to attend.
Failure to heed subpoena may lead to
the witnesses’ arrest or the court may
cite the witness in contempt.
Grounds for Quashal of subpoena (Sec. 4)
1) The subpoena is unreasonable
2) The books or documents sought to be
brought to court are irrelevant
3) The person in whose behalf the
subpoena is issued fails to advance
costs of production (Duces Tecum)
4) Witness subject to viatory right: If
witness resides more than 100 km
on
from court.
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 January 1 up to January 30, that’s your
RULE 22: COMPUTATION OF TIME period to answer.
• Now, on January 20, you filed a motion
to dismiss. The motion to dismiss
interrupts the period to answer. Now, if
• Under the Rules, if you are given a
that motion to dismiss is denied by the
certain period of time to file a pleading,
court, how many days is left for you to
when does that period start to run?
file your answer? Most lawyers will say
• A: In the case of an answer to the
that the defendant has thirteen (13)
complaint, for example, the
days to answer. Because he filed on
reglementary period to file your answer
January 20. So, it stopped. And if
is 30 days. And, the 30-day period is
denied, then it started to run all over
supposed to start on the date you
again, and so he has until January 30.
actually received your summons.
• Dean: But actually, under Rule 22, it
• That is wrong. Because, under the
does not start on the day you received
Rules, if there is an interruption, the
the summons. The basic rule in the
day of the act or event from which
computation of time is that you
the designated period of time
exclude the first day, include the last
begins to run is to be excluded,
day. In other words, you don’t include
and the date of the performance,
the day you received your summons;
included. So, the day of the
you start counting the first day the day
interruption will not be included in the
after.
computation.
• So, the first day of the 30-day period
will start tomorrow if you received the
• Now, normally you would say, “You
summons today.
have used up 20 days, and if your
• Dean: Now, the important thing to
motion to dismiss is denied, you only
remember is: what is the effect if there
have the 10 days remaining to file an
is an interruption to the period to file
answer.” That is wrong. When you file
your answer? Now, what are the
a motion to dismiss on the 20th day,
instances that an interruption may
that day you filed the motion that
occur?
causes the interruption will not be
• A: One instance is a motion to dismiss.
included in the counting. And
If a motion to dismiss is file, the
therefore, you have used up only 19
running of the reglementary period to
days of your 30-day period. Therefore,
file an answer will be momentarily
you still have 11 days to answer in the
suspended until the court can resolve
event that your motion to dismiss is
your motion to dismiss.
denied.
• The filing of a motion to dismiss and
the bill of particulars tolls the running
of the period to answer.
MODES OF DISCOVERY
• And so, when the interruption is
already resolved, when will you file
your answer?
• A: You will only have the balance of the
RULE 23: DEPOSITION PENDING
remaining days to answer.
ACTION
Situation (Dean Monteclar)

• Now, let us say for example, you

received the summons on December
31. So, you have 30 days to file your
answer. You start counting on the first
day of January – but anyway,
assuming that’s not a holiday –
• Deposition- Advanced taking of
the testimony of a prospective
witness.
• Rule 23 is also called a deposition
de bene esse.

31
 • Now, who are those persons whom
you can take a deposition of? The
answer is any person. Anyone. You
can take the deposition of your
opponent. You can take the
deposition of any person whom you
suspect will be utilized by your
opponent as his witness.
Manner of Taking Depositions
1. Deposition by written interrogatories; or
2. Deposition by oral examinations.
Difference:
• In a deposition upon oral examination,
you ask the question directly to the
witness, just like in the trial before
judge, and it will be recorded.
Whereas, in a deposition by written
interrogatories, the questions are
prepared/written beforehand – it is in
writing – and it is sent by the deponent
(the person who will testify), and it will
be read to him by the deposition
officer, and his answer will be reduced
to writing.
How do you avail of this deposition pending
action?
• The party to the case may file an ex
parte motion for the taking of the
deposition if the deposition-taking is
with leave of court.
Two Kinds:
1) With leave of court – after jurisdiction has
been obtained over any defendant, or over the
property but before the answer; and
2) Without leave of court – after an answer has
been served.
Scope of Examination (Sec. 2)
• The deponent may be examined on any
matter, provided: (1) It is not
privileged; and (2) It is relevant to
the subject of a pending action.
Use of Deposition (Sec. 3)
Depositions may be Used:
1. To contradict or impeach the testimony
of the deponent as witness;
32
2. Deposition of a party or an officer of
the corporation may be used by the
adverse party for any purpose;
3. Deposition of a witness, whether or not
a party in the case, may be used by
any party for any purpose if the court
finds that:
a. The witness is dead;
b. The witness resides more than
100km from the court;
c. The witness cannot testify because
of age, sickness or infirmity; or
d. The witness did not appear despite
the subpoena issued.
Deposition Cannot Be Used If the Deponent Is
Present or Available
• Monte: One of the important rules in
deposition is that a deposition cannot
be used if the deponent is present or
available.
Objections to Admissibility (Sec. 6)
• Deposition Officer Cannot Rule on
Objection.
• Monte: Now, any objections to the
admissibility of the deposition cannot
be ruled by the deposition officer. The
deposition officer has no authority to
rule on the objection. He will just note
it down on his record. And it’s the
judge who is handling the case who will
eventually decide whether the
objection is valid or not.
Effect of Taking and using Depositions
(Sec. 7-8)
• A party shall not be deemed to make a
person his or her own witness for any
purpose by taking his or her
deposition.
• But if you use that person, if you
present his deposition in court, then
you are deemed to have used him as
your own witness EXCEPT if the
purpose of your having presented his
deposition is to impeach or contradict
him.
• But, if you use his deposition for other
purposes, then you are considered to
have used him as a witness.
Who can be a Deposition Officer (Sec. 10)
If deposition is to be taken within
Philippines:
1) Judge;
2) Notary Public; or
3) Persons authorized to administer oaths
under Sec. 14.
If deposition is to be taken outside
Philippines:
1. On notice before a secretary of
embassy or legation, consul general,
consul, vice-consul, or consular agent
of the Republic of the Philippines;
2. Before such person or officer as may
be appointed by commission or under
letters rogatory; or
3. The person referred to in Sec. 14
thereof.
Commission and Letters Rogatory (Sec.
12)
• A letter commission is an appointment
made by our court here to a qualified
person living abroad to act as a
deposition officer (consul, vice-consul,
consular agent of the PH, or secretary
of embassy or legation of the PH, or
any lawyer or person authorized to
administer oath in that country.
If the witness will not come, what is the
remedy of the requesting party in the
Philippines?
• He will ask the court for the issuance of
a letters rogatory. It is the request of
our court in the PH for a judge in that
foreign country to take the deposition
of the witness. That judge will have
coercive power because he can cite
that witness in contempt. Our court is
requesting its counterpart court in that
country for some cooperation under
the theory of reciprocity where our
court will promise that in the event
that that foreign court will make a
request, they will also be
accommodated.
Disqualification of Deposition Officer (Sec.
13)
A deposition officer should not be:
the 1. A relative within the sixth degree of
consanguinity or affinity, or employee
or counsel of any of the parties; or
2. Who is a relative within the same
degree, or employee of such counsel.
Deposition upon Oral Examination
(Sec. 15)
the
• A party desiring to take the deposition
of any person upon oral examination
shall give reasonable notice in writing
to every other party to the action.
• The notice shall state the time and
place for taking the deposition and the
name and address of each person to be
examined, if known, and if the name is
not known, a general description
sufficient to identify him or her or the
particular class or group to which he or
she belongs.
• On motion of any party upon whom the
notice is served, the court may for
cause shown enlarge or shorten the
time.
• If there is already an answer, leave of
court is no longer required so the
requesting party will send a notice to
take deposition of a prospective
witness. He will notify the other party
so the other party can participate and
even ask cross-examination questions.
The requesting party will informationrm
the court where the case is pending.
Deposition Upon Written Interrogatories
(Secs. 25-28)
1. Written interrogatories shall be served
upon every party with notice.
2. The notice shall state the name and
address of the person to answer it.
3. The name, title, and address of the
deposition officer.
4. Within 10 days, the person asked may
serve cross-interrogatories.
5. Deposition officer shall give notice of its
filing in court.
RULE 24: DEPOSITIONS BEFORE
ACTION OR PENDING APPEAL
33
 • Also called Depositions in “perpetuam
rei memoriam”
• Petition to take deposition before
action:
1. Must be done with leave of court.
2. In the court of the place where the
expected adverse party resides.
Contents of Petition (Sec. 2)
Contents:
1. That the petitioner expects to be a
party to an action in a court of the
Philippines but is presently unable to
bring it or cause it to be brought;
2. The subject matter of the expected
action and his or her interest therein;
3. The facts which he or she desires to
establish by the proposed testimony
and his or her reasons for desiring to
perpetuate it;
4. The names or a description of the
persons he or she expects will be
adverse parties and their addresses so
far as known;
5. The names and addresses of the
persons to be examined and the
substance of the testimony which he or
she expects to elicit from each, and
shall ask for an order authorizing the
petitioner to take the depositions of the
persons to be examined named in the
petition for the purpose of perpetuating
their testimony.
Notice and Service; Order and
Examination (Secs. 3-4)
• The petitioner shall serve a notice upon
each person named in the petition as
an expected adverse party, together
with a copy of the petition, stating that
the petitioner will apply to the court, at
a time and place named therein, for
the order described in the petition.,
• The court will decide whether the
deposition shall be by oral examination
or by written interrogatories.
Depositions Pending Appeal (Sec. 7)
WHEN TAKEN:
1. During the pendency of an appeal.
34
2. Even before appeal is filed, but, the
period to appeal has not yet expired.
WHERE TO FILE:
In the court which renders the judgment (court
of origin, not the appellate court).
HOW:
• Same as Rule 23.
• Monte: Deposition pending appeal
means there was a case filed, in fact, it
has already been decided and the
decision of the court was appealed. The
deposition is taken during the
pendency of the appeal of even before
it is filed but the period to appeal has
not yet expired.
RULE 25: INTERROGATORIES TO
PARTIES
• Is leave of court required before one
can avail of interrogatories to parties?
• The same as Sec. 1 of Rule 23. Leave
of court is required if there is no
Answer filed yet. If the defendant has
already filed an Answer, leave of court
is no longer required.
• Interrogatories to parties are written
questions directly addressed to your
opponent in the case. Such opponent
will have to answer within 15 calendar
days after service thereof, unless the
court, on motion and for good cause
shown, extends or shortens the time.
Difference Between Written Interrogatories in
Rule 23 From Interrogatories Under Rule 25:
1. There is a deposition officer in Rule 23
while there is none in Rule 25;
2. Written questions are coursed through
a deposition officer while in Rule 25,
the questions are directed to the
opposing party;
3. Under Rule 23, questions may be
addressed to any persons while in Rule
25 it should be addressed to a party
only.
Objections to Interrogatories (Sec. 3)
 • Objections to any interrogatories may
be presented to the court within ten
(10) calendar days after service
thereof, with notice as in case of a
motion; and answers shall be deferred
until the objections are resolved, which
shall be at as early a time as is
practicable.
Scope of Interrogatories (Sec. 5)
• Same as in Rule 23, the person asking
for interrogatories can ask any
question provided they are not
privileged and they are relevant to the
case.
Effect of Failure to Serve Written
Interrogatories (Sec. 6)
• A party not served with written
interrogatories may not be compelled
by the adverse party to give the
testimony in open court, or to give a
deposition pending appeal.
• This is to compel parties to avail of the
modes of discovery. If there are
questions you really want to ask the
opposing party, do not wait for trial to
begin. If you do not avail of this mode
of discovery, the dire consequence is
you will no longer be allowed to compel
the adverse party to give testimony in
open court or to give deposition
pending appeal.
RULE 26: ADMISSION BY ADVERSE
PARTY
• At any time after issues have been
joined, a party may file and serve upon
any other party a written request for
the admission by the latter of the
genuineness of any material and
relevant document described.
• Leave of court is not necessary here.
This is because there is already an
answer when you avail of this mode of
discovery. The issues have already
been joined. You can request for
admission of the genuineness of any
35
material and relevant document. What
is the difference of Rule 25 and Rule
26? In rule 26, you are requesting for
the admission of the genuineness of
any material and relevant document.
In rule 25, you are asking for the
opposing party to answer some
questions maybe to admit certain facts
but not documents.
What is the difference of Rule 25 and Rule 26?
• In rule 26, you are requesting for the
admission of the genuineness of any
material and relevant document. In
rule 25, you are asking for the
opposing party to answer some
questions maybe to admit certain facts
but not documents.
Implied Admission (Sec. 2)
• The request is deemed admitted if the
party requested fails to answer the
request within fifteen (15) days after
service thereof.
• BUT, when a matter is already
effectively denied in the pleading, as in
the case of an actionable document
attached to the complaint (i.e.,
Promissory note) but was specifically
denied in the answer, there is no need
any more to ask it again under Rule
26. If requested and not denied, there
is no admission. (Po v. Court of
Appeals, 164 SCRA 668)
Withdrawal of Admission and Effect of
Failure to File Request for Admission
(Secs. 4-5)
• Can you withdraw the admission that
you have made? Yes.
• What is the effect of failure to file and
serve a request for admission? The
same as that of Rule 25.
• The party to whom a request for
admission was not made may not be
compelled by the adverse party to give
the testimony in open court, or to give
a deposition pending appeal.
RULE 27: PRODUCTION OR
INSPECTION OF DOCUMENTS OR
THINGS

• When can you avail of this? When the
documents presented by the opposing
party are not very clear, you can file a
motion for requesting the party to
produce the document in court for
inspection so that you can have it
photocopied in a brand-new
photocopier.
Requisites for a valid inspection of documents
or things
1. A motion (leave of court) must be filed;
2. The motion must show good cause for its
grant;
3. Notice of motion must be furnished to all
parties.
4. The motion must sufficiently describe the
documents or things to be produced or
examined;
5. The documents or things to be examined
must contain evidence material to the
pending action;
6. The documents or things to be examined
must not be privileged; and
7. The documents or things to be examined
must be in the possession of the adverse
party or, at least, under his control.
• A party has all the right to examine the
documents presented by the opposing
party. If the subject matter of the case
is a thing that is not movable, you can
request for ocular inspection.
RULE 28: PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
When Examination May be Ordered (Secs.
1-2)
• In an action in which the mental or
physical condition of a party is in
controversy, the court in which the
action is pending may in its discretion
order him or her to submit to a
physical or mental examination by a
physician.
• The order for examination may be
made only on motion for good cause
36
shown and upon notice to the party to
be examined and to all other parties,
and shall specify the time, place,
manner, conditions and scope of the
examination and the person or persons
by whom it is to be made.
• Dean Monteclar: Like in a civil case for
Declaration for Nullity of Marriage on
the ground of psychological incapacity,
you can be forced to submit yourself to
an examination by a psychologist or
psychiatrist. When the issue of the
mental condition of the person is
involved such as when he is insane
when he entered into the contract,
then you can request for an
examination of the mental condition of
the person.
Report of Findings (Sec. 3)
• If requested by the party examined,
the party causing the examination to
be made shall deliver to him or her a
copy of a detailed written report of the
examining physician setting out his or
her findings and conclusions.
• Dean Monteclar: As the plaintiff, if you
ask the court to let the defendant
submit himself for the mental or
physical examination, the defendant
has the right to demand for a copy of
the findings of the doctor.
Waiver of Privilege (Sec. 4)
• If the person examined insisted that he
should be given a copy of the findings
of the doctor, the one who requested
the examination has also the right to
demand from him to show the findings
of the other doctors who examined him
in the past.
• Because by requesting for a copy of
the examination, the person who was
examined is deemed to have waived
the physician-patient privilege.
• Note: Since the results of the
examination are intended to be made
public, the same are not covered by
physician-patient privilege under Sec.
24(b), Rule 130 [1 Regalado 376, 2010
Ed.]
RULE 29: REFUSAL TO COMPLY
WITH THE MODES OF DISCOVERY

Summary of Sanctions for Refusal to Comply
with Modes of Discovery:
Refusal to answer any question:
Upon refusal to answer, the proponent may apply to
the court for an order to compel an answer.
If the application is granted, the court shall
a. require the refusing party or deponent to
answer the question or interrogatory, and
b. if it also finds that the refusal to answer
was without substantial justification, it may
require including attorney’s fees. If the
application is denied and the court finds that
it was filed without substantial justification,
the court may require the proponent or the
counsel advising the filing of the application,
or both of them, to pay to the refusing party
or deponent the amount of the reasonable
expenses incurred in opposing the
application, including attorney’s fees. [Sec.
1, Rule 29]
The refusal may be considered a contempt of
that court. [Sec. 2, Rule 29]
Refusal to be sworn:
The refusal may be considered a contempt of
that
court. [Sec. 2, Rule 29]
RFERefusal to answer designated questions or
refusal to produce documents or to submit to
physical or mental examination:
The court may make such orders in regard to
the refusal as are just, and among others the
following:
(a) An order that the matters regarding which
the questions were asked, or the character
or description of the thing or land, or the
contents of the paper, or the physical or
mental condition of the party, or any other
designated facts shall be taken to be
established for the purposes of the action in
accordance with the claim of the party
obtaining the order;
(b) An order refusing to allow the disobedient
party to support or oppose designated
claims or defenses or prohibiting him or her
from introducing in evidence designated
documents or things or items of testimony,
37
or from introducing evidence of physical or
mental condition;
(c) An order striking out pleadings or parts
thereof, or staying further proceedings until
the order is obeyed, or dismissing the action
or proceeding or any part thereof, or
rendering a judgement by default against
the disobedient party; and
(d) In lieu of any of the foregoing orders or in
addition thereto, an order directing the
arrest of any party or agent of a party for
disobeying any of such orders except an
order to submit to a physical or mental
examination. [Sec. 3, Rule 29]
Refusal to admit under Rule 26
The court, upon proper application, may issue an
order requiring the other party to pay him
reasonable expenses incurred, including attorney’s
fees PROVIDED that party requesting proves
genuineness of such document or truth UNLESS the
court finds:
a. There were good reasons for denial, or
b. Admissions sought were of no importance.
[Sec. 4, Rule 29]
Failure of party to attend or serve answers to
written interrogatories (Sec. 5)
The court on motion and notice may:
a. Strike out all or any part of any pleading of
that party, or
b. Dismiss the action or proceeding or any part
thereof, or
c. Enter a judgment by default against that
party, and
d. In its discretion, order him or her to pay
reasonable expenses incurred by the other,
including attorney's fees.
RULE 30: TRIAL
• Trial- Trial actually refers to the stage in
the litigation process where the parties
will be presenting their evidence-in-
chief.
• Monte: So, the plaintiff will present
evidence in support of his complaint,
and after that, the defendant will
present his evidence in support of his or
her defense. That is trial.
Schedule of Trial (Sec. 1)
• The schedule of trial – the schedule of
the presentation of evidence of the
plaintiff and the defendant – is already
provided in the pre-trial order of the
court. So, during the pre-trial
conference, the parties will already
agree with the judge on the dates for
the plaintiff to present his evidence,
and the dates for the defendant to
present his evidence.
• The parties must strictly adhere to the
schedule of hearing agreed upon in the
Pre-Trial.
a. Initial presentation of evidence for the
plaintiff shall not be later than 30
calendar days from the termination of
the pre-trial. Plaintiff shall have 90
days to finish presenting his evidence,
which includes the JDR1, if necessary.
b. The initial presentation of defendant’s
evidence shall be set not later than 30
calendar days after the court’s ruling
on the plaintiff’s formal offer of
evidence. The defendant shall be
allowed to present its evidence within a
period of 3 months or 90 calendar
days;
• Monte: Now, after the plaintiff is
through with the presentation of his
evidence, the defendant will now
present his evidence. But before the
defendant will present his evidence,
right after the plaintiff will finish
presenting his last witness or evidence,
the plaintiff will now have to formally
offer his exhibits.
What do you mean by formal offer of exhibits?
• Formal offer of exhibits means that you
will now offer to the court all
documentary exhibits that you have
marked during the trial. And then, you
offer these exhibits, and then you state
what is the purpose of offering these
exhibits.
c. The period for the presentation of
evidence on the third (fourth, fifth,
etc.)-party claim, counterclaim or
cross-claim shall be determined by the
38
court, the total of which shall in no
case exceed 90 calendar days; and
d. If deemed necessary, the court shall
set the presentation of the parties’
respective rebuttal evidence, which
shall be completed within a period of
30 calendar days.
• Dean: The court shall decide and serve
copies of its decision to the parties
within a period not exceeding ninety
(90) calendar days from the
submission of the case for resolution,
with or without memoranda.
• Dean: So, a total of 13 months, the
case will be finished. So nice. So nice
to hear about this but I am sad to say
that I’ve noted this has not been
strictly observed by many, of if not,
almost all courts.
Adjournments and Postponements (Sec.
2)
Adjournment vs. Postponement
• Monte: There can be an adjournment
or postponement of the trial of the
case. Are adjournment and
postponement the same?
• Well, technically, they are more or less
the same. But there is a difference
between the two, actually. Because
adjournment means continuance of the
case for lack of material time.
Example: Like, for example, you
present your case today, this morning.
But the evidence, the testimony of
your witness is very long that you were
not able to finish it until 12 noon. So,
the court will always have to ask for a
recess or an adjournment. “So, shall
we continue it in the afternoon or the
next day?” That is adjournment.
• So, for lack of material time, the court
might order the adjournment of the
hearing of this case to another date for
the continuance of the testimony of the
witness. That is adjournment.
Postponement, on the other hand,
means there is already a scheduled
day, but for some valid reason, that
scheduled date of trial cannot proceed.
 Because: the witness is in the hospital
or is in the ICU, or the lawyer is very
sick, or whatever/for some valid
reason.
Adjournments and Postponements
• Monte: Now, the rule on adjournment
or postponement is that: − Not more
than one month for each adjournment,
nor more than three months in all,
EXCEPT if allowed the Court
Administrator of the SC, but there is a
warning that the movant must still
have to finish the presentation of his
evidence within the period allotted to
him.
Motion to Postpone Trial Due to Illness of
a Party (Sec. 3)
• A motion to postpone a trial on the
ground of illness of a party or counsel
may be granted if it appears upon
affidavit or sworn certification that
the presence of such party or counsel
at the trial is indispensable and that
the character of his or her illness is
such as to render his or her non-
attendance excusable.
There are two conditions here:
1) That party must be the one to testify
on that scheduled hearing – his
presence must be indispensable.
2) The character of the illness must be
such as to render his or her non-
attendance excusable. He must be very
sick.
• The claim for illness must be duly
supported by a medical certificate, duly
notarized.
Order of trial (Sec. 5)
The order of trial is:
a. Plaintiff to present evidence;
b. Defendant shall then adduce evidence;
Stipulation of Facts (Sec. 7)
c. The third-party defendant, if any, shall
adduce evidence;
d. The fourth-party defendant, and so forth,
if any, shall present evidence;
e. The parties against whom any
counterclaim or cross-claim has been
39
pleaded shall adduce evidence in support
of his defense;
f. The parties may then adduce rebutting
evidence; − Monte: And, as I have
already said a while ago, the defendant is
also given the chance to rebut the
rebuttal evidence of the plaintiff, and that
is by way of a sur-rebuttal evidence.
g. Upon admission of evidence, the case
shall be deemed submitted for decision,
unless the court directs the parties to
argue or to submit their respective
memoranda. –
• Monte: That is the discretion of the
court. It may ask the lawyer to orally
argue the case. But that is very, very
seldom now. Most of the time, the
court will instead require them to
submit their memoranda, which is a
written argument why the court should
rule in their favor.
• Nota Bene: The foregoing order of trial
applies only to regularly controverted
claims. (Yu vs. Magpayo, G.R. No. L-
29742, March 29, 1972)
• Dean: In civil cases, the court may
require instead the defendant to
present evidence first. Like, in a case
for collection of sum of money, plaintiff
claims that the defendant is indebted –
evidence by promissory note – and
that the defendant has not yet paid
him. The answer of the defendant says,
“I have already paid you, and I have
no more obligation to you.” Now, if
that’s the case, if that’s the defense of
the defendant – payment of the
obligation – then, the court will ask the
defendant to present his evidence first.
“Just show us your receipt that the
obligation has already been paid and
extinguished.” If you have that receipt,
okay, we don’t have to go further. If
you prove that you have already paid, I
will dismiss the case right away.” That
is in a civil case.
• Dean: This actually happens during the
pre-trial, as what we have already
discussed. Trial can already be
dispensed with if, during the pre-trial,
the parties could agree on all the
material facts of the case. So, there is
 no more controverted facts. This is
what we call stipulation of facts. During
the pre-trial, the court will ask the
parties, “Do you agree on certain facts,
so we don’t have to prove those facts
anymore? Only the controverted facts,
only those facts which you do not
agree, will be the subject of trial.” But
if they agree on all material facts,
there will be no more need for a trial.
Consolidation
Remember, a trial is only intended to
determine the facts so that the court
will now what law will apply to that
certain set of facts.
When Stipulation of Facts is Not Allowed
• Monte: Stipulation of facts, however,
are not permitted in the following
cases:
1) Annulment of marriage;
2) Declaration of nullity of marriage;
and
3) Legal separation
Consolidation Involving Several Parties
Suspension of Actions (Sec. 8)
• The suspension of actions shall be
governed by the provisions of the Civil
Code and other laws.
• Article 2030 of the Civil Code provides
In which court consolidated
that civil actions or proceedings may
be suspended:
1) If willingness to discuss possible
compromise is expressed by one or
both parties; or
2) If it appears that one of the parties,
before the commencement of the
action or proceeding, offered to
discuss a possible compromise but the
other party refused the offer.
Delegation of Receipt of Evidence to the
Clerk of Court (Sec. 9)
• The reception of evidence of the
plaintiff and the defendant in the trial
of the case may be delegated by the
When Consolidation Will Not Apply
judge to the clerk of court.
When can the judge delegate the reception of
evidence to the clerk of court?
1. The defendant is already in default,
and the hearing will be an ex-parte
hearings;
2. The parties agree in writing;
40
3. The clerk of court is a lawyer;
4. The clerk of court has no power to rule
on objections.
RULE 31: CONSOLIDATION OR
SEVERANCE
• Consolidation means that when there
are several actions or cases pending
before the same judge involving a
common question of law or fact, it may
order a joint hearing or trial.
• Monte: Now, we have discussed
already before the joinder of causes of
action. The plaintiff may have several
causes of action against the defendant,
and he can join them together in one
case.
• Consolidation involving several parties
can only happen if the case to be
consolidated involves a common
question of law or fact.
• The consolidation shall be done in the
court that is handling the case with the
lowest number of cases.
• In consolidation of cases, the case
bearing the higher docket number is
consolidated with the case having the
lower docket number.
• Dean: So, let us say, Case 1, 2, 3, 4 –
all of these will be consolidated to Case
No. 1. Why? Because the case that has
lowest docket number – meaning it
was the first case filed – so, all other
cases will be consolidated to the first
case filed.
• The rule on consolidation will not apply
if these other cases were filed in
different courts.
• The rule on consolidation of cases
generally applies only to cases pending
before the same court, not to cases
pending in different areas of the same
 court, or in different courts. (PAL v.
Teodoro, 97 Phil. 461)
Three Ways of Consolidating Cases
1. By recasting the cases already
instituted, conducting only one hearing
and rendering only one decision;
2. By consolidating the existing cases and
holding only one hearing and rendering
only one decision; or
3. By hearing only the principal case and
suspending the hearing on the others
until judgment has been rendered in
the principal case.
• Consolidation of criminal and civil cases
is allowed, but the degree of proof will
differ. (Caños vs. Peralta, 115 SCRA
843)
Separate Trials (Sec. 2)
• In furtherance of convenience or to
avoid prejudice, the court may order a
separate trial of any claim, cross-claim,
counterclaim, or third-party complaint.
• When a separate trial of claims is
conducted by the court under this
section, it may render separate
judgments on each claim. [see Sec. 5,
Rule 36]
• This provision permitting separate
trials presupposes that the claims
involved are within the jurisdiction of
the court.
• When one of the claims is not within its
jurisdiction, the same should be
dismissed, so that it may be filed in the
proper court. [1 Regalado 394, 2010
Ed.]
RULE 32: TRIAL BY COMMISSIONER
Commissioner
• A person to whom a case pending in
court is referred, for him to take
testimony, hear the parties and report
thereon to the court, and upon whose
report, if confirmed, judgment is
rendered.
When can we have a trial by commissioner?
41
• It is necessary only when there are
factual issues that are beyond the
competence of the judge to resolve.
These are very technical issues that
the judge cannot resolve.
Reference (Secs. 1-2)
When can this trial by commissioner occur?
There are three instances:
1. Reference by consent of the parties;
2. Reference ordered on motion;
3. The court on its own volition, motu propio.
Order of Referece; Powers of
Commissioner (Sec. 3)
Order of Reference
When a reference is made, the clerk shall
furnish the commissioner with a copy of the
order of reference, which may contain the ff:
Specifications or limitations of the powers of
the commissioner;
A direction to report only upon particular
issues, to do or perform particular acts, or to
receive and report evidence only; and
The date for beginning and closing the
hearings and that for the filing of his report.
(Sec. 3)
Powers of the Commissioner:
1. The power to regulate the proceedings
in every hearing before him or her;
and
2. To do all acts and take all measures
necessary or proper for the efficient
performance of his or her duties under
the order;
3. He or she may issue subpoenas and
subpoenas duces tecum;
4. Swear in witnesses; and
5. Unless otherwise provided in the order
of reference, he or she may rule upon
the admissibility of evidence.
• The commissioner must conduct a
hearing. The requirement for him to
hold a hearing cannot be dispensed
with as this is the essence of due
 process (Aljem’s Corp., etc. v. CA, G.R.
No. 122216, March 28, 2001)
• When the commissioner did not hold a
hearing in violation of Section 3 of this
Rule, it is error for the trial court to
issue an order approving said
commissioner’s report over the
objection of the aggrieved party. (Jaca
v. Davao Lumber Co., et al., GR No. L-
25771, March 29, 1982)
Report of the Commissioner (Secs. 9-11)
• Upon completion of hearing, the
commissioner must file his report in
court stating his findings of facts and
conclusion of law.
• Dean Monte: The conclusions of law
are not binding, merely
recommendatory.
Notice and Objections
• The clerk shall notify the parties of the
filing of the report and they are given
ten (10) days to file their comment.
Hearing upon the Report
• After ten days, the court will set the
report for hearing and thereafter issue
an order adopting, modifying or
rejecting it.
Stipulations as to Findings (Sec. 12)
• The parties may stipulate that the
commissioner’s findings of fact shall be
final. Thus, only questions of law shall
thereafter be considered.
• They cannot anymore question the
factual findings of the commissioner.
The only thing they can raise are
questions of law.
RULE 33: DEMURRER TO EVIDENCE
Demurrer to Evidence
• It is a motion to dismiss filed after the
plaintiff finished presenting his
evidence on the ground of insufficiency
of evidence.
42
Ground
• Insufficiency of evidence, that upon the
facts and the law the plaintiff has
shown no right to relief.
• The ground is lack of cause of action as
distinguished from failure to state
cause of action.
Effects of The Grant or Denial of Demurrer to
Evidence
• If granted, but reversed on appeal, the
defendant loses his right to present
evidence.
• If denied, the defendant can still
present his evidence.
• If the court grants the Demurrer, the
case will be dismissed and that is
considered as an adjudication on the
merits.
Remedy of the Parties
1. If granted, the dismissal is considered an
adjudication on the merits, hence, the remedy
is appeal.
• The appellate court should not remand
the case for further proceedings but
should render judgment on the basis of
the evidence submitted by the plaintiff.
2. If denied, the order of denial is merely
interlocutory and appeal is not the
remedy. (Certiorari may be availed if
there abuse of discretion on the court).
What is the remedy of the plaintiff if the
Demurrer is granted?
• Plaintiff can appeal the dismissal of the
case. If the appellate court reverses
the decision of the trial court, and finds
that there is sufficient evidence, the
defendant loses his right to present
evidence. So, the plaintiff wins the
case and the defendant loses without
him being able to present his evidence.
That is the danger of a demurrer to
evidence in civil cases.
RULE 34: JUDGMENT ON THE
PLEADINGS
 • Rule 34 and Rule 35 are both called
accelerated judgments. These are
instances where the court may proceed
to decide the case without conducting a
trial.
• The first one is called Judgment on the
Pleadings.
When to File Judgment on the Pleadings
1. Where an answer FAILS TO TENDER
AN ISSUE, or
2. Otherwise admits the material
allegations of the adverse party’s
pleading.
Effects of Filing a Motion for Judgment on the
Pleading
• Plaintiff is deemed to have admitted all
the relevant allegations of fact of the
defendant in his answer.
Exceptions:
1. Plaintiff is not deemed to have
admitted irrelevant allegations in the
defendant’s answer;
2. Defendant is not deemed to have
admitted allegations of damages in the
complaint.
How is judgment on the pleading done?
1. By motion of the plaintiff
2. By the court’s own volition or motu
propio, if the court during pre-trial finds
the same to be proper.
When Not Proper
• Judgment on the Pleading is not
allowed in the following actions:
1. Declaration of Nullity of Marriage
2. Annulment of Marriage
3. Legal Separation
Action on Motion for Judgment on the
Pleadings. (Sec. 2)
• Any action of the court on a motion for
judgment on the pleadings shall not be
subject of an appeal or petition for
certiorari, prohibition or mandamus.
43
RULE 35: SUMMARY JUDGMENTS
• The party here is asking the court to
immediately decide the case because
although the answer of the defendant
tenders an issue, that issue is not true
or genuine. Summary judgment is
proper only if there is clearly no
genuine issue as to any material fact in
the action. If there is any question or
controversy, there is should be trial on
the merits.
• Example: I filed a case against you for
collection of sum of money. In your
answer, you said “I have already paid
my debt. I have here the receipt to
prove that I have paid.” Is there an
issue? Yes. The issue is whether or not
you have paid the debt. But then I, the
plaintiff, says “that is not true. That
receipt is fake! That is falsified and I
can prove that you have not yet paid
me.”
What is the remedy here?
• I will file a motion for summary
judgment and I will challenge your
allegation that you have already paid
me through depositions and affidavits.
How Is It Done
1. By filing a motion for summary judgment
with supporting affidavits, depositions or
admissions.
2. The adverse party may file his comment or
opposition within 5 days from receipt of the
motion.
3. A hearing will be conducted only if ordered
by the court. (UP BOC: There is no longer a
mandatory hearing for the motion due to
the amendment of the rules. This is also
consistent with the amendments to Rule
15)
Partial Summary Judgment
• The rules authorize the rendition of
partial summary judgment. Such
judgment is interlocutory in nature and
is not a final and appealable judgment.
The appeal from such partial judgment
should be taken together with the
 judgment in the entire case after trial 3. Stating clearly and distinctly the facts and
shall have been conducted. the law on which it is based;
4. Signed by the judge;
Motions and Proceedings Thereon (Sec. 3) 5. Filed with the clerk of court
• For you to file a motion for summary Decision and Fallo
judgment, it must be accompanied by
supporting affidavits, depositions or Is judgment the same as a decision? No.
admissions, and the specific law relied
upon. The other party’s Answer must • Decision is much broader in scope
also be supported by affidavits, than a judgment. A decision
depositions, or admissions. So that if it contains the findings of fact of the
turns out that the other party is lying, court and the law relied upon in
he will be liable for perjury because an support of the court’s decision.
affidavit is to be notarized. • A decision of the court refers to the
• Any action of the court on a motion for entire document prepared and
summary judgment shall not be promulgated by the judge
subject of an appeal or petition for adjudicating and determining the
certiorari, prohibition or mandamus. rights of the parties to the case.
• It contains the findings of facts and
Difference Between Judgment on the Pleading the conclusions of law, the reasons
and Summary Judgment and the evidence to support such
JUDGMENT ON THE SUMMARY findings, as well as the discussion
PLEADINGS (RULE JUDGMENT (RULE of issues leading to the its
34) 35) determination.
Absence of a factual Involves an issue, but • Judgment is part of the decision. In
issue in the case the issue is not fact, it is found in the last part. It
because the answer genuine. is otherwise known as the
tenders no issue at all. dispositive portion of the decision
Motion for judgment Motion for summary or the fallo – the decretal portion.
on the pleadings is judgment may be It is the WHEREFORE clause.
filed by a claiming filed by either the
party like a plaintiff or claiming or the • What happens if there is a conflict
a counterclaimant. defending party (Sec.
between the decision and the fallo?
1-2)
The judgment or the fallo has a
May be ordered May be ordered conflict with the body. Which one
motu propio by the motu propio by the will prevail?
court. court.
Based on the pleadings Based on the • General Rule: The judgment of the
alone. pleadings, affidavits, fallo will prevail.
depositions, and
admissions. • Exception: If it is very clear that
from the discussion in the body of
the decision, it is really different
RULE 36: JUDGMENTS, FINAL ORDERS
from the fallo.
AND ENTRY THEREOF
Submission of decision

When is the case deemed submitted for

A final judgment on the merits of the case decision?
must be:
• Upon submission of the last pleading
1. In writing; required by the court
2. Personally and directly prepared by the • Monte: The last pleading normally is
judge; the memorandum submitted by both
parties in support of their stance. Upon

44
 the receipt of the memorandum or
upon the lapse of time to submit that
memorandum, the case will be
submitted for decision.
When decision is Made
• Supreme Court- 24 months
• Court of Appeals- 12 months
• Trial Courts- 3 months
Entry of Judgment and Final Orders (Sec. 3)
• The date of the finality of judgment or
final order shall be deemed to be the
date of its entry.
Final Judgment Rule (Immutability
Judgments)
• General rule: Once a decision or order
becomes final and executory, it is
removed from the power or jurisdiction
of the court which rendered it to
further alter or amend it. [Siliman
University v. Fontelo-Paalan, G.R. No.
170948 (2007)]
• Under the doctrine of immutability of
judgments, a judgment that has
attained finality can no longer be
disturbed. The reason is two-fold:
a. To avoid delay in the administration of
justice, and to make orderly the
discharge of judicial business; and
b. To put an end to judicial controversies
at the expense of occasional errors. [1
Riano 538-539, 2011 Ed.]
Exceptions:
a. Correction of clerical errors [Filipinas
Palmoil Processing, Inc. v. Dejapa, G.R.
No. 167332 (2011)]
b. Nunc pro tunc entries [Filipinas Palmoil
Processing, Inc. v. Dejapa, G.R. No.
167332 (2011)]
c. Whenever circumstances transpire after
finality of the decision, rendering its
execution unjust and inequitable [Apo
Fruits Corp. v. Land Bank of the Phils.,
G.R. No. 164195 (2010)]
d. In cases of special and exceptional
nature, when it is necessary in the
interest of justice to direct modification in
order to harmonize the disposition with
the prevailing circumstances [Industrial
Timber Corp. v. Ababon, G.R. No.164518
(2006)]
e. In case of void judgments [FGU
Insurance v. RTC Makati, G.R. No.
161282 (2011)]
f. Where there is a strong showing that a
grave injustice would result from an
application of the Rules [Almuete v.
People, G.R. No. 179611 (2013)]
g. When there are grounds for annulment of
judgment or petition for relief [Gochan v.
Mancao, G.R. No. 182314 (2013)]
RULE 37: NEW TRIAL OR
RECONSIDERATION
of
Grounds for New Trial
1. Fraud, accident, mistake, and excusable
negligence
2. Newly discovered evidence
Note: Fraud must refer only to extrinsic fraud.
Fraud, Accident, Mistake, Excusable
Negligence (FAME)
• Monte: This means you were not able
to answer and participate in the trial
which resulted already to the rendition
of judgment that is adverse to you
because of FAME.
Ground Definition
Fraud The fraud must be extrinsic.
Any fraudulent scheme executed
outside of the trial by the
prevailing party against the losing
party, who, because of such
fraud, is prevented from
presenting his side of the case, or
judgment was procured without
fair submission of the
controversy.
Mistake It may either be a mistake of fact
or mistake of law made in good
faith by the defendant who was
misled in the case
Excusable It must be one that is imputable
45
 negligence to the party Done after promulgation Properly presented
of judgment after either or both
Note: Negligence of counsel is parties have
binding on the client except if it formally offered and
was so great as to prejudice the closed
client and prevent fair evidence before
presentation of the case. judgment

• Monte: In a New Trial, there is already

Affidavit of Merits a decision but you want it to be set
aside to allow you to present newly
• Monte: Your Motion for New Trial must discovered evidence.
be accompanied by an affidavit of • In reopening of trial, there is no
merits just like in Rule 9 – Declaration decision yet. Both parties have already
of Default. presented their evidence and the case
is now submitted for decision. While
What does the Affidavit of Merit contain?
waiting for the decision to come, you
• The Affidavit of Merit contains a discovered evidence you failed to
statement that you have very good include and it is very strong evidence
meritorious defense if only you are that could help you win.
allowed to present evidence. You have
Grounds for Motion for Reconsideration
to state that in addition to your
statement how the fraud, accident, 1. The damages awarded are excessive
mistake, excusable negligence was
committed. The last part of your • That means you admit that you lost the
affidavit of merit will state that: if only case but the damages awarded was too
the court will allow me to present my much. You can ask the court to lower
evidence, I have a good and the damages awarded.
meritorious defense.
2. The evidence is insufficient to justify
Newly Discovered Evidence
the decision or final order
Elements: • You argue that the decision of the case
is not supported by sufficient evidence
a. The evidence was discovered only after – the evidence presented by the
trial; prevailing party is not enough to justify
b. It could not have been discovered a decision in his favor.
despite due diligence;
c. It will surely alter the result of the case 3. That the decision or final order is
contrary to law
• N.B. Newly discovered evidence does
not refer to forgotten evidence. • Monte: You have to point the part of
the decision which is not supported by
New Trial vs. Reopening of Trial
sufficient evidence or which are
New Trial Reopening of contrary to law.
Trial • If you do not comply with these
There is already a There is yet no requirements, it is a pro forma motion.
decision of the court after decision and you
trial want to introduce • A motion for new trial will not toll the
additional evidence running of the reglementary period to
which you forgot to appeal if not accompanied by an
present affidavit of merit because it will be
treated as a pro forma motion. The
affidavit of merit must not only allege
that the movant has a meritorious

46
 defense, he must recite and describe
the facts constituting FAME.
Effect when Motion is Granted (Secs. 3
and 6)
• If a new trial is granted, the original
judgment or final order shall be
vacated and the action shall stand for
trial de novo.
• When the court grants the motion for
reconsideration and finds that
excessive damages have been awarded
or that the judgment or final order is
contrary to the evidence or law, it may
amend such judgment or final order
accordingly.
Effect if Motion is Denied
• Movant must appeal the judgment
within 15 days from receipt of the
order denying his motion and not just
for the balance of the period. (Neypes
vs CA, G.R. No. 141524, September 14
2005)
• Monte: Remember that you filed the
MR or MNT within the reglementary
period to appeal. When you file the MR
or MNT, the running of the period to
appeal will stop until your motion is
granted or denied.
If your MNT was denied, what is your remedy?
Can you appeal the order of the court denying
your motion?
• No. You cannot appeal the order
denying your MNT. But you can appeal
the judgment itself.
• What you should do is to immediately
file a Notice of Appeal. The same is
true for a denial of your MR. You
appeal from the judgment of the main
case and not from the order denying
your Motion for Reconsideration.
Resolution of Motion (Sec. 4)
• A motion for new trial or
reconsideration must be resolved
within 30 days from the time it is
submitted.
Second Motion for New Trial or
Reconsideration (Sec. 5)
47
Can you file a second motion for new trial and
a second motion for reconsideration?
• Motion for New Trial – Yes, you can file
a second motion for new trial provided
that it is based on another ground that
was not yet existing at the time you
filed the first MNT.
• Motion for Reconsideration – No, you
are not allowed to file a second MR. It
is only in the Supreme Court where
you can file a second MR.
• Can there be a partial new trial or
reconsideration? Yes. But only if the
issue partially resolved can be severed
from the other cases.
RULE 38: RELIEF FROM JUDGMENTS,
ORDERS, OR OTHER PROCEEDINGS
• Rule 38- The petition from relief from
judgment is one of the remedies
available to a person who lost the case
because he was not able to answer the
complaint, and who was not able to
participate in the trial of the case.
• In other words, he lost because he was
not able to present his evidence in
court. In other words, he was denied
his day in court. So, if you lost the case
because of not being able to answer
and present your evidence in court,
you still have another remedy even
though there is already a final
judgment.
• If there is already a final judgment of
the court or the judgment has already
become final, your remedy now – if
you were deprived of your day in court
because of fraud, accident, mistake or
excusable negligence (FAME) – your
remedy now is to file a petition for
relief from judgment, where you ask
the court to set aside that judgment
and allow you to present your
evidence. Now, actually, petition for
relief from judgment is your
penultimate remedy, second to the last
remedy under the Rules if you were
deprived of your day in court.
Venue of Petition for Relief from Judgment
 • The Petition for Relief from Judgment
should be filed in the very same court
which rendered the judgment.
Petition for Relief (PFR) from Judgment
vs. PFR from the Denial of Appeal (Sec. 2)
• Here, in Sec. 2, you have your day in
court. You were able to answer the
complaint, you were able to participate
in the trial, you have presented your
evidence, and despite that, you lost the
case.
• But if you lost the case, and the
decision came out, you were not able
to file your appeal within the
reglementary period of 15 days. Why?
Because also of FAME – fraud,
accident, mistake and excusable
negligence – you were not able to file
your appeal on time.
So, what is your remedy?
• A: Your remedy now is not a PFR from
Judgment, but a PFR from the Denial of
Appeal. You were denied your right to
appeal. You were prevented from
appealing because of fraud, accident,
mistake or excusable negligence.
Time of Filing of Petition (Sec. 3)
• Your petition from relief from judgment
must be filed within sixty (60) days
after the petitioner learns of the
judgment, final order or other
proceeding to be set aside, and not
more than six (6) months after
such judgment or order was
entered.
Contents of Petition
• A petition for relief from judgment
must be verified and accompanied with
affidavits showing the fraud, accident,
mistake, or excusable negligence relied
upon, and the facts constituting the
petitioner’s good and substantial cause
of action or defense, as the case may
be. (Sec. 3)
• Such affidavit of merit is not anymore
required when the judgment or order is
void for want of jurisdiction. (Republic
v. De Leon, 101 Phil 773)
48
Order of the Court Requiring Answer (Sec.
4)
• Dean: When a petition for relief from
judgment is filed in court, the court will
examine whether your petition is
sufficient in form and substance to
justify relief. If the court finds that
your petition is sufficient in form and
substance, the court will issue an order
requiring the adverse party – the
plaintiff – to answer your petition for
relief from judgment within fifteen (15)
days from receipt thereof.
• After the plaintiff filed his answer or
comment to your petition for relief
from judgment, the court will now set
the petition for relief from judgment for
hearing, where the movant-defendant
– the petitioner-defendant – will
present evidence to support his petition
for relief from judgment, and the other
party will also be given a chance to
present evidence to rebut or contradict
the claim of the petitioner-defendant.
Hearing of the Petition
• If the court grants the petition, it will
then conduct a hearing of the case on
the merits. So, there are actually two
hearings to be conducted by the court:
a. To determine whether the petition will be
granted; and
b. The other will be on the merits if the
petition is granted.
Procedure Where the Denial of an Appeal
is Set Aside. (Sec. 7)
• Where the denial of an appeal is set
aside, the lower court shall be required
to give due course to the appeal and to
elevate the record of the appealed case
as if a timely and proper appeal had
been made.
RULE 39: EXECUTION, SATISFACTION
AND EFFECTS OF JUDGMENT
• After the trial where both parties were
given the chance to present their
evidence, the court will now render
judgment. And once that judgment is
 rendered, the losing party or either
party – because it’s possible that even
the winning party may want to appeal
– so any party may appeal the decision
of the trial court within a period of 15
days. But if no appeal is filed within the
reglementary period for appeal, then
that judgment becomes final and
executory.
Kinds of Execution
As to nature:
1) Execution as a matter of right;
2) Execution as a matter of judicial
discretion
As to enforcement:
1) By motion;
2) By independent action
Execution upon Judgments or Final Orders
(Sec. 1)
• Execution becomes a matter of right
when the judgment of the court has
already become final, and no appeal
was filed within the reglementary
period to appeal by the losing party.
• So, what will you do if you are the
prevailing party?
• A: You file a motion for writ of
execution in the court that rendered
judgment. Now, when execution is a
matter of right, it becomes a
ministerial duty of the court to grant
your motion for execution. The court
cannot deny it as a general rule.
Discretionary Execution (Sec. 2)
• Now, the second one is what we call as
the execution as a matter of judicial
discretion. Here, there is already a
judgment, but the judgment has not
yet become final. The reglementary
period to appeal has not yet expired.
So, you can ask for execution of a
judgment even though that judgment
has not yet become final if there is a
valid ground for discretionary
execution.
• So here, it’s called execution as a
matter of judicial discretion, because it
is within the discretion of the court.
49
Where will you file your execution as a matter
of right?
• A: In the same very same court that
rendered judgment.
When you file a motion for execution in the
court that rendered judgment, do you have to
notify the losing party? Do you have to furnish
them a copy of your motion in order for them
to attend?
• A: The answer is no because there he
has no more standing there in court.
Once he lost, no more. He should not
be notified anymore.
Where to File Motion for Execution:
1. Court of origin; or
2. Appealed case
Where will you file you motion for execution of
judgment? In the RTC or in the CA?
• A: In the RTC; in the court of origin. It
is not the appellate court that will issue
the writ of execution.
Do you have to informationrm the losing party
of your motion for execution in the RTC in this
appealed case?
• A: The answer is yes. This time, you
have to notify the other party because
the RTC may even conduct a hearing
on your motion for execution.
When the court may refuse to issue the writ of
execution despite finality of judgment:
1) When subsequent facts and
circumstances (supervening events)
transpire, which render such execution
unjust or impossible (Butuan City vs.
Ortiz, et. al); or
2) When the judgment has been novated
by the parties (Fua Cam Lu vs. Yap
Fauco);
3) When a petition for relief from
judgment is filed, and a writ of
preliminary injunction is issued;
4) When the judgment has become
dormant and the five-year period to
enforce it by a mere motion has
expired; and
5) When the judgment is incomplete.
Grounds for Quashal of a Writ of Execution
• Monte: Now, the writ of execution can
be quashed on the following grounds.
So, even if there is already a writ of
execution issued by the court, the
losing party can ask file a motion for
the quashal of the writ of execution on
the following grounds:
1. It was improvidently issued;
2. It is defective in substance;
3. It was issued against the wrong party;
4. The judgment was already satisfied;
5. It was issued without authority;
6. There is a change in the situation of
the parties;
7. The controversy was never validly
submitted to the court;
8. The writ of execution varies the terms
of the judgment
9. It is enforced against property which is
exempt from execution.
Discretionary Execution
• It is a kind of execution done even if
the period to appeal for the losing
party has not yet expired, or there has
already been an appeal made.
• We have Discretionary Execution and
Execution Pending Appeal.
• Discretionary Execution may only issue
upon good reasons to be stated in a
special order after due hearing.
• After the trial court has lost
jurisdiction, the motion for execution
pending appeal may be filed in the
appellate court.
• The Court of Appeals, has no authority
to issue immediate execution pending
appeal of its own decisions therein.
• Discretionary execution is allowed
pending appeal only on a judgment of
the trial court upon good reason to be
stated in a special order. A judgment of
the CA cannot be executed pending
appeal.
• If the decision is that of the Municipal
Trial Court, and the period to appeal
the decision to the RTC has not yet
expired, you can ask the MTC to make
an immediate or discretionary
execution. But if there is already an
appeal and the records of the case has
50
already been forwarded to the RTC,
you can file with the RTC an execution
pending appeal.
• If the case is pending with the SC,
discretionary execution cannot be
asked for.
Good reasons for the court to grant execution
pending appeal
1. Where the lapse of time will make the
judgment ineffective;
2. Where the appeal is clearly dilatory;
• It is the CA who decides whether the
appeal is dilatory.
3. Where the judgment is for support;
4. Where the article subject of the case
would deteriorate; (somewhat related
to par.1)
5. Where the defendants are exhausting
their income;
6. Where the judgment debtor is in
imminent danger of insolvency;
7. Where the prevailing party is of
advance age.
How To Prevent Execution Pending Appeal
• By offering to put up a supersedeas
bond.
• However, the filing of a supersedeas
bond does not entitle the judgment
debtor to the suspension of execution
as a matter of right (NAWASA VS.
CATOLICO, L21705 AND L-24327,
APRIL 27, 1967). Hence, where the
needs of the prevailing party are
urgent, the court can order immediate
execution despite such supersedeas
bond (DE LEON V. SORIANO).
Judgments Not Stayed by Appeal (Sec. 4)
1. Injunction
2. Receivership
3. Accounting
4. Support
Execution by Motion or by Independent
Action (Secs. 5-6)
• Execution by mere motion can be done
only within 5 years from the ENTRY
OF JUDGMENT/TIME THE
JUDGMENT BECOMES FINAL.
 • The prevailing party must have to
execute the judgment by filing a
motion for issuance of a writ of
execution in the court that renders the
judgment.
• If the 5-year period has already
expired, you have to revive the
judgment by filing an independent
action, a case for revival of judgment.
This can be done after 5 years but not
beyond 10 years from the finality of
the judgment.
Revival of Judgment
• An action for revival of judgment is a
procedural means of securing the
execution of a previous judgment
which has become dormant after the
passage of 5 years without it being
executed upon motion of the prevailing
party.
• The action must be filed within 10
years from the date the judgment
became final since the action to
enforce a judgment prescribes in 10
years from the finality of judgment.
[Art. 1144(3), CC]
Execution in Case of Death of Party (Sec.
7)
• If prevailing party died- Decision can
be enforced by his executor or
administrator
• If losing party died- Prevailing party
may still ask for execution against the
executor or administrator of the losing
party’s estate.
If Money Judgment
• Death of judgment obligor - after
execution is actually levied upon any of
his property, the same 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.
• If it is a case for collection of sum of
money where the defendant died after
judgment, the plaintiff cannot ask for a
writ of execution. What he should do is
bring the judgment in his favor to the
51
administrator or executor of the
defendant and present it as a money
claim.
Execution Of Judgments for Money, How
Enforced (Sec. 9)
1. SHERIFF TO DEMAND PAYMENT
• The judgment obligor shall pay in cash,
certified bank check payable to the
judgment obligee, or any other form of
payment acceptable to the latter.
Personal check is not allowed.
2. SATISFACTION BY LEVY
• The officer shall levy upon the properties
of the judgment obligor of every kind and
nature whatsoever which may be
disposed of for value and not otherwise
exempt from execution giving the latter
the option to immediately choose which
property or part thereof may be levied
upon, sufficient to satisfy the judgment.
3. GARNISHMENT OF DEBTS AND
CREDITS
• The officer may levy on debts due the
judgment obligor and other credits,
including bank deposits, financial
interests, royalties, commissions and
other personal property not capable of
manual delivery in the possession or
control of third parties.
Execution of Judgment for Specific Act
(Sec. 10)
• Means that the act such as a judgment
ordering the defendant to deliver the title
to the court so it can be cancelled and a
new title can be issued or to execute a
deed of sale in favor of the plaintiff.
Refusal to Comply
• If the judgment obligor refuses to
comply, he cannot be cited in contempt
because that form of judgment can be
complied by other persons. For example,
if he will not surrender the title, the court
can always order the register of deeds to
cancel the title of the judgment obligor. If
he refuses to execute a deed of sale, the
clerk of court can be ordered to execute
such deed in favor of the plaintiff.
Execution of Special Judgment (Sec. 11)
 • Here, the judgment of the court orders
the judgment obligor to do a particular
act which only he can do. It cannot be
delegated to another person. If he will
not obey the judgment, it cannot be done
by others. The failure to obey will
constitute contempt of court.
Effects of Levy on Execution (Sec. 12)
• Levy means the act or acts by which an
officer sets apart or appropriates a part
or the whole of the property of the
judgment debtor for purposes of the
prospective execution sale.
• The levy on execution shall create a lien
in favor of the judgment obligee over the
right, title and interest of the judgment
obligor in such property at the time of the
levy, subject to liens and encumbrances
then existing.
Properties Exempt from Execution (Sec.
13)
Property exempt from execution:
1. Family home;
2. Ordinary tools and implements personally
used by him in his trade;
3. Three horses or three cows used by him
in his ordinary occupation;
4. Necessary clothing and articles for
ordinary personal use, excluding
jewelry;
5. Household furniture and utensil necessary
for housekeeping of a value not
exceeding 100,000
6. Provisions for individual or family use
sufficient for four months;
7. Professional libraries and equipment of
judges, lawyers, physicians, pharmacists,
dentists, etc. not exceeding 300,000 in
value;
8. One fishing boat and accessories not
exceeding the total value of 100,000
owned by a fisherman;
9. So much of the salaries, wages, or
earnings of the judgment obligor for his
personal services within the four months
preceding the levy as are necessary for
the support of his family;
10. Lettered gravestone;
11. Monies, benefits, privileges, or annuities
accruing or in any manner growing out of
any life insurance
52
12. The right to receive legal support
13. Properties specially exempted by law
Return of Writ of Execution (Sec. 14)
Lifespan of the Writ of Execution
• The lifespan of a Writ of Execution is
the same as that period within which
you can enforce judgment by mere
motion which is 5 years from the time
the judgment becomes final. The
period to file a motion for execution is
also the same period within which the
Writ of Execution is valid.
• Every 30 days, the sheriff is supposed
to report to the court of the progress of
his execution of the judgment of the
court or how the writ of execution was
implemented.
Alias Writ of Execution
• If the writ is lost or destroyed, you can
ask for an alias writ of execution.
Execution Sale: Notice (Sec. 15)
• Once the sheriff executes the
judgment, and started to levy the
properties of the judgment debtor, the
next step is to sell the properties that
the sheriff has levied on execution.
What will take place after the levy is
the execution sale.
• Before the sheriff conducts the
execution sale, the sheriff must send
notice not only to the judgment debtor
but notice to the whole world or to the
community so that they will participate
in the execution sale.
Who will conduct?
• It is the sheriff who will conduct the
execution sale
Where will the sheriff conduct the execution
sale?
• It depends on what property is levied
and up for sale.
a. Real property or immovable property –
the sale shall be conducted in the office
of the Clerk of Court of the court who
rendered the decision and issued the
writ of execution.
 b. Personal property – can be sold where
the personal property is located.
Third Party Claim (Terceria) (Sec. 16)
What is a Terceria?
• A terceria is a third-party claim – when
a property that was levied by the
sheriff is claimed by another person,
not the judgment debtor.
What the Sheriff must do
• The sheriff must not proceed with the
execution sale. Otherwise, the sheriff
will be personally liable to the third-
party claimant in the event the third
party claimant proves that he is the
real owner of the property
Bond to be put by creditor
• If the judgment creditor is confident
that he can prove that it is not owned
by the third-party claimant, he can tell
the sheriff that he will answer for
whatever damages the sheriff may be
held liable. The judgment creditor will
put up a bond.
Remedy of Third-Party Claimant
• What will the third-party claimant do?
The third party claimant must have to
go to court – not to the court which
issued the writ of execution – but he
must file a case known as a
reinvindicatory action to prove his
ownership of the property.
Court cannot resolve issue of ownership
• The court who issued the execution
cannot resolve the issue of ownership.
Lifespan of the bond (120 days)
• If the third-party complainant will not
file a case in court within 120 days
from the time that the property was
levied, the bond put up by the
judgment creditor will be free. IOW,
the bond has a lifespan only of 120
days.
Creditor may also claim damages
53
• The 1997 Rules also allow the creditor
to file a claim against the third-party
claimant if during the hearing he was
able to prove that the third-party claim
is frivolous, unfounded, or baseless.
Execution Sale of Personal Property
• Personal Property– the sale conveys to
the purchaser all the rights which the
judgment obligor had in such property
as of the date of the levy on execution
or preliminary attachment.
Personal Property Not Capable of Manual
Delivery
• If the property sold is not capable of
manual delivery, the ownership is
transferred upon the delivery to you by
the sheriff of the Certificate of Sale. It
will still retroact to the time of the levy.
• e.g., ship, airplane
Execution Sale of Real Property
Real Property – the officer must give to the
purchaser a certificate of sale containing:
a. A particular description of the property
sold;
b. The price for each distinct lot or parcel;
c. The whole price paid by him
d. A statement that the right of redemption
expires one (1) year from the date of
registration of the certificate of sale. Such
certificate must be registered in the
Registry of Property of the place where
the property is situated.
• Monte: It is different if what was sold
during the execution sale is a real
property. If what is sold is real
property, ownership is not immediately
transferred to the buyer.
• What the sheriff will issue to him is
only a certificate of sale but that
certificate of sale will not transfer
ownership of the real property to the
highest bidder. It is only an evidence
that he bought the property in the
execution sale but he is not yet the
owner of the property.
Why?
 • Because the judgment debtor is still place in which the property is situated,
given the right to redeem the property and the registrar of deeds must note
within 1 year from the registration of the record thereof on the margin of the
the certificate of sale. record of the certificate of sale.
• The payments mentioned in this and
REDEMPTION the last preceding sections may be
Who can redeem real property sold? made to the purchaser or
redemptioner, or for him to the officer
A:
• The judgment obligor, when he
1. Judgment obligor, his heirs or redeems, must pay the amount owed,
successors-in-interest; plus, all taxes and expenses of
2. Redemptioners execution, plus 1% interest per
• Monte: The one who can redeem the month.
property is the judgment debtor
himself, or his heirs, or his successors- • Redemptioners have 60 days from last
interest, and the second one, the redemption to redeem, and reimburse
redemptioner. the prior redemptioners, plus all taxes
and expenses of execution, plus 2%
Now, who are these successors-in-interest?
interest per month.
1. The heirs;
When Redemptioners Cannot Redeem
2. Any person, even not related to the
judgment debtor, to whom the right of • Monte: But one thing to remember
redemption was transferred to by the here: once the original debtor, who is
judgment debtor. the original owner of the property,
decides to exercise his right of
Now, who are considered as redemptioners?
redemption, all other redemptioners
• The redemptioners are creditors with a cannot redeem
lien on the property subsequent to the
judgment which was the basis of the
execution sale. And that lien was Two documents which the sheriff
acquired by attachment or through a executes in case of real property
judgment or through a mortgage
foreclosure. a. Certificate of sale

Effect of Redemption by Judgment 1. Upon a sale of real property, the officer

Obligor, and A Certificate to be Delivered
and Recorded Thereupon; to Whom
Payments on Redemption Made (Sec. 29)
• If the judgment obligor redeems, he
must make the same payments as are
required to effect a redemption by a
redemptioner, whereupon, no further
redemption shall be allowed and he is
restored to his estate.
• The person to whom the redemption
payment is made must execute and
deliver to him a certificate of
redemption acknowledged before a
notary public or other officer
authorized to take acknowledgments of
conveyances of real property.
• Such certificate must be filed and
recorded in the registry of deeds of the
must give to the purchaser a certificate of sale
containing:
• A particular description of the real
property sold;
• The price paid for each distinct lot or
parcel; The whole price paid by him;
and
• A statement that the right of
redemption expires one year from the
date of the registration of the
certificate of sale
2. Must be registered in the registry of deeds
of the place where the property is situated.
[Sec. 25, Rule 39] –

54
 • From registration of said certificate, the
1-year redemption period starts [Sec.
28, Rule 39]
3. Certificate of sale after execution sale is
merely a memorial of the fact of sale and does
not operate as conveyance [1 Regalado 508,
2010 Ed.]
b. Deed of Conveyance
1. Executed upon the expiration of the period
to redeem.
Note: The purchaser or redemptioner shall be
substituted to and acquire all the rights, title,
interest and claim of the judgment obligor to
the property as of the time of the levy.
2. Executed by the officer making the sale.
3. Under the expiration of the right
redemption, [Sec. 33, Rule 39]
Note: Hence, the certificate of sale of real
property does not confer any right to the
possession or ownership, of the real property
purchased. It is the deed of sale executed by
the sheriff at the expiration of the period of
redemption which entitles the purchaser to
possession of the property sold. [1 Regalado
508, 2010 Ed.]
Recovery of purchase price if sale not
effective (Sec. 34)
a. If the purchaser of real property sold on
execution, or his successor in interest,
(1) fails to recover the possession
thereof, or (2) is evicted therefrom, in
consequence of irregularities in the
proceedings concerning the sale, or
b. Because the judgment has been reserved
or set aside, or
c. Because the property sold was exempt
from execution, or
d. Because a third person has vindicated his
claim, to the property.
Remedies in Aid of Execution (Sec. 36-
43.)
• Now, what are the aids of a creditor in
case the judgment obligor appears to
have no property that the sheriff can
levy?
• A: These are what we call remedies in
aid of execution:
1. Examination of judgment obligor;
2. Examination of obligor of judgment
obligor;
3. Enforcement of attendance and
conduct of examination;
4. Obligor of judgment obligor may pay
execution to obligee;
5. Garnishment of income more than
enough for the support of his family;
6. Appointment of receiver;
7. Sale of ascertainable interest of
judgment obligor in real estate;
8. Proceedings when indebtedness is
denied or property claimed by other
persons
of Examination of Judgment Obligor When
Judgment is Unsatisfied (Sec. 36)
When applicable
• When the return of the writ issued
against property of a judgment obligor
shows that judgment remains
unsatisfied. [Sec. 36, Rule 39]
Procedure
• The judgment obligee, at any time
after such return is made, shall be
entitled to an order from the court
which rendered the said judgment:
a. Requiring such judgment obligor to
appear and be examined
concerning his property and income
before such court or before a
commissioner appointed by it, at a
specified time and place; and
b. Proceedings may thereupon be had
for the application of the property
and income of the judgment obligor
towards the satisfactions of the
judgment.
When judgment obligor not required to appear/
be examined
a. When he is required to appear before a
court or commissioner outside the
province or city in which such obligor
resides or is found. [Sec. 36, Rule 39]
55
 b. After the lapse of the five years within
which a judgment may be enforced by
motion. [Umali v. Coquia, G.R. No. L-
46303 (1988)]
• Order for payment in fixed monthly
installments If upon investigation of his
current income and expenses, it
appears that the earnings of the
judgment obligor for his personal
services are more than necessary for
the support of his family, the court
may order that:
a. He pay the judgment in fixed
monthly installments, and
b. Upon his failure to pay any such
installment when due without good
excuse, may punish him for indirect
contempt. [Sec. 40, Rule 39]
Examination of Obligor of Judgment
Obligor (Sec. 37)
When applicable
a. When the return of a writ of execution
against the property of a judgment
obligor shows that the judgment remains
unsatisfied, in whole or in part, and
b. Upon proof that a person, corporation, or
other juridical entity has property of such
judgment obligor or is indebted to him.
[Sec. 37, Rule 39]
Procedure
The court may, by an order:
a. Require such person, corporation, or other
juridical entity, or any officer or member
thereof, to appear before the court or a
commissioner appointed by it, at a time
and place within the province or city where
such debtor resides or is found, and
b. Be examined concerning the same.
Effect of order
The service of the order shall:
a. Bind all credits due the judgment obligor
and all money and property of the
judgment obligor in the possession or in
the control of such person, corporation,
56
or juridical entity from the time of
service, and
b. The court may also require notice of such
proceedings to be given to any party to
the action in such manner as it may
deem proper. [Sec. 37, Rule 39]
• Note: This is not applicable if there is
no issue concerning the indebtedness
of the bank and there is no denial by
the depositor of the existence of the
deposit with the bank which is
considered a credit in favor of the
depositor against the bank. [PCIB v.
CA, G.R. No. 84526 (1991)]
When alleged obligor denies debt or claims
property The court may:
a. Authorize the judgment obligee to
institute an action against such person or
corporation for the recovery of such
interest or debt,
b. Forbid a transfer or other disposition of
such interest or debt within 120 days
from notice of the order, and
c. May punish disobedience of such order as
for contempt. [Sec. 43, Rule 39]
Impropriety of an action for damages as a
remedy
• Where the writ of execution is
unsatisfied, the remedy to enforce it is
Secs. 38-39, and not a complaint for
damages. [Phil. Transmarine Carriers
v. CA, G.R. No. 122346 (2000)]
Order for application of property or
income (Sec. 39-40)
• The court may order any property of
the judgment obligor, or money due
him, not exempt from execution, in the
hands of either himself or another
person, or of a corporation or other
juridical entity, to be applied to the
satisfaction of the judgment, subject to
any prior rights over such property.
[Sec. 40, Rule 39]
• After a writ of execution against
property has been issued, a person
indebted to the judgment obligor may
pay to the sheriff holding the writ of
execution the amount of his debt or so
much thereof as may be necessary to
 satisfy the judgment, in the manner c. One party is a public officer and the
prescribed in Sec. 9, Rule 39 and the compliant arises from officer’s official
sheriff’s receipt shall be a sufficient duties
discharge for the amount so paid or d. Parties reside in different
directed to be credited by the cities/municipalities
judgment obligee on the execution e. Accused is under Police Custody
[Sec. 39, Rule 39]
Crimes that cannot be prosecuted De
oficio (must be instituted by offended
II. CRIMINAL PROCEDURE party) [CASAAD]

1. Concubinage
2. Adultery
PROSECUTION OF OFFENSES (RULE
3. Seduction
110)
4. Abduction
5. Acts of Lasciviousness
6. Defamation of above imputed crimes.
How to institute a criminal action:
Who supervises and controls prosecution of
• If offense needing Preliminary offenses
Investigation (PI) (4 years, 2 months,
• GR: The criminal case must be under
and 1 day), file a complaint before the
the direct control and supervision of
prosecutor’s office (fiscal).
the prosecutor.
• For offenses not needing PI (less than
• In absence of prosecutor, or when they
4 years, 2 months and 1 day), file
have heavy work load, the private
complaint directly with MTC or file with
prosecutor may be authorized in
the prosecutor.
writing by the Chief of Prosecution
• In Manila and other chartered cities,
Office to prosecute the case subject to
complaint must be filed with
the approval of the court (Rule 110,
prosecutor’s office.
Sec.5).
• Effect of institution: Tolls running of
• Rationale: The real offended party in
prescriptive period.
the commission of a crime is the
• For cases needing Barangay
People of the Philippines. The private
Conciliation (Lupon) first, filing of
offended party is just merely a witness.
complaint with Brgy captain tolls
Thus, the prosecutor, who represents
prescriptive period, but only for 60
the People, must be the one to
days.
supervise and control the criminal
• For violation of ordinance, prescriptive
proceedings.
period only tolled upon institution of
JUDICIAL proceedings, or the filing of Who can file (private crimes):
the case before the MTC. The filing
before the fiscal’s office does not toll Adultery
the prescriptive period (2 months)
a. Only the offended spouse can file
(Jadewell Parking v. Judge Lidua,
b. Must include both parties if both are still
2013).
alive.
• Criminal cases that need to be brought
c. There must be no consent/pardon
before the Lupon: Offenses punishable
d. The marriage must be subsisting.
by imprisonment not exceeding 1 year
or fine not exceeding 5,000 pesos, Seduction, Abduction, Acts of
where both parties reside in the same Lasciviousness
city/municipality.
Offended party which includes:
XPNS:
• Minors, even independently except if
a. No private offended party incapable
b. One party is the Government

57
 • Parents, Grandparents, guardian- right
is SUCCESSIVE
• State- if offended party dies or
becomes incapacitated before filing the
complaint.
• Offender must not have been
pardoned.
Defamation of above imputed crimes
• Only Offended party may file.
• Desistance of private offended party
(POP) will not bar criminal prosecution,
but such will waive civil liability.
Pardon vs. Consent
Pardon Consent
Refers to past acts Refers to future acts
• Only the Office of the Solicitor General
may bring or defend actions on behalf
of the People of the Philippines before
the Supreme Court or Court of
Appeals.
• It is a settled rule that the private
offended party cannot appeal the
criminal aspect of a case. But, if it is
only the civil aspect of the judgment,
which is appealed, the private offended
party may appeal (Cu v. Ventura,
2018).
• Cases before the Sandiganbayan are
prosecuted through the Office of the
Ombudsman through the Special
Prosecutor
• When the complaint or information is
filed with the court, any disposition is
upon the sound discretion of the trial
court (Crespo v. Mogul, 1987)

Must be extended to May be granted only Sufficiency of complaint or information:

both parties to offending spouse
Complaint
Given after Given before • A complaint is a sworn statement charging
commission of the commission of the a person with an offense and is subscribed
crime but before filing crime
by the offended party.
of the case Can only be done
• Subscribed either by: Offended party, any
In Adultery and expressly
peace officer, other officer charged with
Concubinage, pardon
may be done enforcement of the law violated.
expressly or impliedly • It is either filed either in court directly, or
in prosecutor’s office.
In Seduction, In Seduction, • A complaint must be under oath.
Abduction, Acts of Abduction, Acts of
Lasciviousness, Lasciviousness, Information
pardon must be offended party cannot
• An Information is an accusation in
express give consent.
writing, in the name of the People of
the Philippines, charging a person with
Remedies if the prosecutor refuses to file an offense, subscribed by the
information: prosecutor, and filed in court.
• The subscription by prosecutor or fiscal
1. Mandamus is indispensable.
2. Complaint before the court which has • It must be filed with the court
jurisdiction over the offense • The Information need not be under
3. File a complaint before the DOJ oath. (The Fiscal is already acting
4. File an administrative charge against under oath of office when filing the
erring prosecutor information, hence, information need
5. File a case for negligence to prosecute not be under oath.)
or tolerance of the crime (Art. 208,
Contents required for a valid information:
RPC) with a corresponding civil case for
failure to render service by a public 1. Name and surname of the accused
officer (Art. 27, New Civil Code). 2. Designation of the offense

58
 3. Acts or omissions complained of as
constituting the offense (elements of
the crime)
• Allegations of treachery, evident
premeditation in the information is
insufficient. The particular acts
constituting the said conclusions must
be averred in the information. Failure
to aver those specific acts, renders the
information defective and the accused
may file a motion to quash on the
ground that the information does not
follow the prescribed form (Solar v.
People, 2019).)
4. Name of offended party
5. Date of offense (For purposes of
prescription)
6. Place where the crime was committed
(To determine the territorial
jurisdiction of the court.)
• Test for sufficiency of an information:
Whether or not the accused is
sufficiently appraised of the offense
charged.
• GR: A defective information cannot
support a conviction.
• XPN: When such defect is cured by
evidence and not objected to by the
accused.
Name of the Accused
• The Information must state name &
surname of accused.
• If name unknown, use a fictitious name
(John/Jane Doe).
• If name subsequently known, the
name shall be inserted in the
information.
• If all accused are named, John Does,
the information is defective.
Name of offended Party
• To determine the victim
• If there are no means of identification
of the offended party, use fictitious
name.
• In Crimes against property, the
property must be described with
particularity.
59
• If name subsequently known, the
name shall be inserted in information
• Offended party a juridical person,
name of juridical person sufficient.
Date of commission of the Offense
• Purpose: To determine whether or not
crime has prescribed
• It is not necessary to indicate precise
date, but the date must be a date as
near as possible to date of commission.
• XPN: When the date is an essential
element of the crime (i.e., infanticide,
abortion, bigamy).
• A Variance in date is not fatal to the
prosecution. Discrepancy may be cured
by evidence.
• XPN: When discrepancy is so great,
that the information and evidence no
longer pertain to the same offense.
Information should be struck down as
violative of accused’s right to be
informed (People v. Delfin, 2014).
Place of Commission
• Purpose: To determine the territorial
jurisdiction of the court
• It is sufficient if the accused can
understand that the offense and its
elements were committed in a place
within territorial jurisdiction of the
court.
Designation of the offense
• All acts and omissions constituting the
offense as stated by statute must be
stated in the information.
• Aggravating/qualifying circumstances
must be alleged in the information.
• It is not sufficient to just alleged
“treachery” in the information. The
specific acts constituting the act of
treachery must be stated.
• The accused may be convicted of a
crime more serious than the crime
stated in information if such crime is
covered by the facts alleged in
information, and commission
established by evidence.
Cause of the Accusation
• All acts and omissions constituting the
offense as stated by statute must be
 stated in information as well as • Not all informations may be cured by
Aggravating/ qualifying circumstances amendment. Informations void ab initio
must be stated in the information may not be cured by amendment.

1. Kinds of amendment:
In common and ordinary language
2. Not needed to be language used in 1. Formal: Only states facts with
statute additional precision, adds nothing to
3. In terms that make it understandable the essential elements of the crime
to the accused to know what crime he charged
is being charged for. 2. Substantial: Changes nature of offense
charged.
Effect of failure to allege in information:
• When amendment should be made:
1. Elements of the crime- no conviction Before arraignment
2. Aggravating/ qualifying circumstances: • XPN: If the amendment would
Cannot be considered by the court, downgrade the offense or exclude any
even if supplanted by evidence. oof the accused, such amendment
3. Negative averments need not be stated needs motion by prosecutor, leave of
in information for such is a matter of court must be obtained, and there
defense. must be notice to offended party.
4. • After arraignment: Only formal
Rule on complex crime: It is sufficient
amendments allowed with leave of
if stated that one crime is a means to
court. Substantial amendments are not
commit another, or one act resulted in
allowed.
2 or more grave or less grave crimes
• Test of Formal Amendment: WON a
(Art. 48, RPC).
defense under original information
Duplicity of offenses would still be available under amended
information, and WON evidence that
• GR: Not allowed accused may have would still apply in
• XPN: Multiple offenses may be joined the amended information.
in one information if the law prescribes • Substitution of Information: When
a single punishment for such offenses during trial, it is apparent that the
crime charged is wrong, the accused
1. Complex crime shall not be discharged if there is good
2. Special Complex Crimes reason to detain him. Original case
3. Continuous Crimes shall be dismissed, a new information
4. Crimes susceptible of being committed should be filed.
in various modes
Limitations:
5. Crimes of which another offense is an
element 1. At any time before judgment
6. When a single act violates different 2. Accused cannot be convicted of offense
statutes. charged or any offense necessarily
included therein
Remedy to duplicitous information: File a
3. Accused will not be placed in double
motion to quash before arraignment.
jeopardy.
Failure to object before arraignment: Waiver.
Thus, the accused may be convicted for as Amendment Substitution
many offenses as charged. Applicability Attempt or Involves
frustration or different
Amendment or Substitution of necessarily offense
Information includes or
necessarily
• Amendment- change in form or included in
substance of information the offense
Scope Formal or Substantial

60
 substantial changes CRIME VENUE
changes Felonies under Where case was first
Necessity of Amendment Must be with Article 2, RPC filed.
LOC before plea leave of Committed on a In the court of any
has been court train, aircraft, or municipality or
entered, other public or territory where such
need not private vehicle in the train, aircraft, or
have leave of course of its trip vehicle passed
court during the course of
Necessity of If Another PI is its trip, place of
new PI and amendment needed; departure or arrival.
Plea is merely Accused has Those committed on Court of point of first
formal, no to plead a vessel in the entry or of any
need for new again course of its voyage territory where such
PI and plea vessel passed in the
Offense Amended Involves an course of its trip,
involved info refers to entirely new subject to the
the same offense. generally accepted
offense principles of
charged; can international law.
invoke Piracy May be instituted
double anywhere being a
jeopardy crime against
Double Can be Cannot be national security and
jeopardy as invoked only invoked as the law on nations
a defense if new info is the info (PP v. Lol-lo)
substantial involves an Libel Offended party is a
amendment entirely new private individual:
and was offense. Where libelous
done after article was first
plea published;
Where individual
actually resides.
Rule on Variance:
Offended party is a
VARIANCE CONSEQUENCE public official:
When offense proved Convicted of offense Where official holds
is LESS than offense PROVED. office at the time
charged offense was
When offense proved Convicted of offense committed (If in
is GREATER than CHARGED. Manila, RTC Manila;
offense charged If office is in any
When the offense SUBSTITUTION. other city or
proved is different province, where
and not necessarily official holds office.)
included/includes the
offense charged Where libelous
article was first
printed and
(Whatever is beneficial to the accused) published.
BP 22 Where the check was
Venue of Criminal Actions
dishonored or
GR: Venue in criminal cases is jurisdictional. issued, in the place
Must be filed and tried in the place where: of the depositary or
collecting bank
a. Offense was committed; Illegal Recruitment Where victim resides
b. Where any of the essential elements of or where the crime
the crime were committed. was committed

61
Violations of RTC has jurisdiction fraud, physical injuries, refusal or
cybercrime law regardless of place failure to render protection by
of commission members of police or fiscal, quasi-
In exceptional SC may order a delict. (Sec. 3, Rule 111; Arts. 32-35,
circumstances change of venue to 2176 NCC)
prevent a • Prohibition on double recovery: In no
miscarriage of justice case may the offended party recover
Transitory or The courts where
damages TWICE for the same act or
continuing crimes any of the essential
omission in the criminal action.
elements of the
• The judgment must state the civil
crime took place
have CONCURRENT liability of the accused, except when
JURISDICTION. The civil action was waived or reserved.
court first taking • Reservation of right to file civil action:
cognizance excludes Must be done before prosecution
all other courts. presents evidence.
• When reservation to file separate civil
action is not allowed: BP 22 and tax
Intervention of Offended Party cases.
• GR: Where there is institution of civil • No counterclaims or cross claims are
liability, offended party may intervene. allowed in criminal cases.

XPN: When Civil Action is suspended

1. • If civil action was instituted before

Waiver
criminal action, and criminal action was
2. Reservation
already filed, the civil action shall be
3. Separate institution
suspended until final resolution of
criminal action (Supremacy of criminal
action).
PROSECUTION OF CIVIL ACTION (RULE XPNS:
111)
1. Independent civil actions
2. Prejudicial question
3. Where civil action does not arise from
• GR: The civil action in a crime is
the crime.
deemed instituted with criminal action.

XPN: When offended party: • Suspension must be made by motion.

It cannot be done motu propio by the
1. Waives civil action court.
2. Reserves the civil action • The civil case can be consolidated with
3. Institutes civil action prior to criminal criminal case by mere motion.
action. • Where there was a prior institution of
criminal action, the civil action cannot
When civil action may proceed independently: be filed until resolution of criminal
A. Independent Civil Actions action.

Effect of death of Accused/convict on civil

• Proceeds independently from criminal action
actions
• When accused is acquitted based on 1. If death was before arraignment: Case
reasonable doubt, a separate civil will be dismissed the claim must be
action for damages may be instituted filed with estate of the accused.
(Art. 29, NCC) 2. After arraignment, during trial= Civil
• Cases involving violation of liability extinguished. But independent
constitutional rights, defamation, civil actions may continue.

62
 3. During appeal=Extinguished
4. After judgment= not extinguished. File
claim with estate of accused.
Prejudicial Question
Elements:
1. There are two cases pending. One civil
case and one criminal case.
2. The civil case instituted prior to
criminal case.
3. The civil case has a similar issue with
the criminal case.
4. Resolution of such issue determines
whether or not the criminal action can
proceed.
Effect of a prejudicial question:
• SUSPENSION of criminal action.
Where filed
1. Petition for suspension may be filed
either in:
2. Fiscal’s office (PI Stage)
3.
Court conducting PI
4. Court where case is filed.
• Rationale: To avoid conflicting
decisions in the civil and criminal case.
• The pendency of a civil case for
declaration of nullity of marriage is not
a prejudicial question to a prosecution
for bigamy (Bobis v. Bobis, 2000).
• A Prejudicial question may also be
raised even if the other case is not civil
but administrative in nature. The SC
has held that an administrative case
before the HLURB raised a prejudicial
question that merited suspension of
the criminal case since the action
before the HLURB was “civil in nature”
and could not be instituted anywhere
but the HLURB which had exclusive
jurisdiction over the action (San Miguel
Properties v. Perez, 2013).
Rules on Docket Fees
• GR: For actual damages, no filing fee
required.
• For moral, exemplary, nominal,
temperate damages:
63
1. If amount specified in information:
Filing fees must be paid
2. If amount not specified: The filing fees
shall constitute a first lien on the
judgment awarding damages.
XPN:
1. Estafa- offended party shall pay in full
the filing fees based on amount
involved.
2. BP22- filing fees to be paid is based on
the amount of the check involved,
which shall constitute actual damages.
PRELIMINARY INVESTIGATION (RULE
112)
• Preliminary Investigation (PI) defined:
A PI is a proceeding to inquire whether
or not a crime has been committed and
whether or not the respondent is
probably guilty thereof.
• It is merely inquisitorial; it is not a trial
on the merits.
• It is part of accused’s substantive
rights. To deny right to PI is denial of
right to due process.
• Courts cannot interfere with conduct of
PI absent any finding of grave abuse of
discretion. (Executive function)
• Accused may waive right of PI, but
waiver must be clear.
Purposes of PI
1. To inquire WON a crime was committed
and WON respondent is probably guilty
thereof
2. To preserve the evidence
3. To determine the amount of bail
Who may conduct PI and determine existence
of Probable Cause
• Probable Cause (PC)- pertains to facts
and circumstances sufficient to support
a well-founded belief that a crime was
committed and whether or not
respondent is probably guilty thereof
• Hearsay evidence is admissible in PI
since it is not a judicial proceeding.
 Hence, the rules on evidence do not Procedure for PI:
strictly apply to the conduct of PI
(Estrada v. Ombudsman, 2015). 1. Filing of complaint before
prosecutor’s office.
Who may conduct PI: • State name and address of respondent
• With accompanying affidavits of
1. Prosecutors complainant and witnesses
2. Ombudsman for cases involving public 2. Action of investigating officer:
officers • Within 10 days, the investigating
3. PCGG for Marcos ill-gotten wealth officer may dismiss the complaint or
4. COMELEC for election offenses. issue subpoena

Judicial Determination of PC vs. Executive 3. Respondent may then submit

Determination of PC counter-affidavit within 10 days
4. Clarificatory Hearing (optional): To
Executive Judicial
clarify some issues from a party or
Nature Ascertains To ascertain
WON a crime WON to issue witness.
was a warrant of 5. Resolution of Investigating
committed arrest against Prosecutor:
and should the accused.
be filed in a. If PC is found: File information
court. Fiscal b. No PC found: Dismiss the case.
is given wide
discretion to 6. Within 5 days from resolution, the
determine investigating prosecutor shall forward
WON PC findings to provincial/ city prosecutor.
exists and to
7. Provincial/city prosecutor may affirm
charge those
or dismiss findings of investigating
who are
probably prosecutor.
responsible 8. No complaint/information may be
for the dismissed by investigating prosecutor
crime. w/o approval of provincial/city
Made by Fiscal Judge prosecutor.
whom 9. Where investigating prosecutor
Purpose To file an To determine recommends dismissal, but is
info in court; WON accused reversed by provincial/city
to hold a should be prosecutor, such officer may directly
person for arrested. file information without need for
trial conducting another PI.
Standard Well- Facts and 10. The Secretary of Justice (SOJ) may
founded circumstances
direct the prosecutor to either file
belief that a which would
information or dismiss information.
crime was lead a
committed reasonably Remedies to Review Resolution of Investigating
and accused prudent man Officer:
is probably to believe
guilty thereof that the 1. File appeal with investigating officer
and should offense
be held for charged has Where to file petition for review must be
trial. been qualified as to where cognizable:
committed by
the person • If with MTC: Regional State Prosecutor
sought to be (RSP)
arrested. • If with RTC: SOJ

64
Steps in appealing resolution of investigating
officer:
• Outside NCR:
1. MTC: Office of the Provincial Prosecutor
(OPP) -> RSP-> SOJ-> MR -> CA
(Rule 65) -> SC (Rule 45)
2. RTC: OPP -> SOJ -> MR -> CA (65) ->
SC (45)
Within NCR:
1. MTC: Office of the City Prosecutor
(OCP) -> Prosecutor General (PG) ->
SOJ -> MR -> CA (R65) -> SC (R45)
2. RTC: OCP -> SOJ -> MR -> CA (R65) -
> SC (R45).
Appeals from SOJ:
1. SOJ -> MR -> CA (R65) -> SC (R45)
OR
2. SOJ -> OP -> CA (R43) -> SC (R45)
Requisites:
1. Offense is punishable by reclusion
perpetua or life imprisonment;
2. New and material issues are raised
which were not raised before the SOJ
and hence not ruled upon;
3. The prescription of the offense is not
due in 6 months from notice of the
questioned resolution;
4. The appeal/petition for review is filed
within 30 days from notice.
• Rulings of Ombudsman on Criminal
Cases, go to SC on Rule 65. Admin
cases, go to CA on Rule 43.
When Warrant of Arrest may be Issued:
1. Within 10 days from filing of
complaint/information, judge shall
personally evaluate the resolution of
fiscal with supporting evidence.
2. If judge finds no PC, he/she shall
dismiss the case.
3. If finds PC, he/she shall issue the
warrant of arrest or commitment order.
65
4. If judge doubts existence of PC, he/she
may order fiscal to present additional
evidence.
5. If accused is already detained the
judge will issue a commitment order.
Cases not needing PI
1. Cases under summary procedure
2. Those offenses with imprisonment of
less than 4 years, 2 months and 1 day.
• XPN: Manila and other chartered cities
3. If less than 4 years, 2 months and 1
day and not chartered city, file directly
before MTC.
Remedies of Accused if no PI was conducted
• Absence of PI does not affect
jurisdiction of the court.
• The remedy of absence of PI is for
accused to ask that PI be conducted.
• After filing of complaint/information,
without PI, accused may ask that PI be
conducted within 5 days from the time
he learns of the filing.
• Trial court should suspend the case
until PI is fully conducted.
Inquest
• A proceeding to determine whether or
not a warrantless arrest was legal.
• In absence of inquest prosecutor,
direct filing to the RTC is allowed (Rule
112, Sec.6).
• No PI in inquest proceedings, but
accused may ask that PI be conducted,
but he must first sign a waiver of Art.
125 of RPC. (Light penalties, 12 hours;
Correctional Penalties, 18 hours;
ARREST (RULE 113)
• Arrest is the taking of the person into
custody in order that he may be bound
to answer for an offense. (Sec. 1)
How made:
1. Actual restraint
2. Submission to arresting officer.
Arrest without Warrant, when lawful:
(Sec. 5)
A. IN FLAGRANTE DELICTO ARRESTS
• When a police officer in his presence,
sees that a crime is about to be
committed, being committed, or has
just been committed
• There must be an OVERT ACT
indicating that a crime is about to be
committed, being committed, or has
just been committed.
• Such overt act must be done in the
presence or within the view of the
arresting officer.
• If there is no overt act of committing a
crime, arrest is illegal.
• No overt act in accused who was
arrested by police officers clinching his
stomach, and looking side to side
(People v. Mengote, 1992)
• No overt act of commission of a crime
done by accused upon arrest, when
accused was merely disembarking from
a gangplank. (People v. Amminudin,
1988)
• The accused was caught in possession
of hashish, a prohibited drug. He was
caught in flagrante delicto. The overt
act committed to sustain the validity of
the arrest was when the police officer
dipped his finger in the bag, and
smelled what seemed to be dangerous
drugs. There was therefore probable
cause to effect the arrest. Thus, the
warrantless arrest effected on him was
valid (People vs. Maelmstedt, 1991).
B. HOT PURSUIT ARRESTS
• When an offense has just been
committed and officer has PC to
believe, based on PERSONAL
KNOWLEDGE, of the facts and
circumstances that the person to be
arrested has just committed it.
• Offense has just been committed, and
there must be an element of
IMMEDIACY from commission of the
crime to the subsequent arrest.
• Arresting officer need not be in the
crime scene, personal knowledge is
sufficient.
• There must be a large measure of
immediacy between the time of the
66
offense was committed and the time of
the warrantless arrest. If there was a
significant lapse of time between the
arrest and the commission of the
crime, a warrant of arrest must be
secured (People v. Del Rosario, 305
SCRA 740)
C. ARREST OF ESCAPEES
• An arresting officer may arrest a
person who has just escaped
confinement or escaped while being
transferred.
• Escapee may immediately be pursued
and arrested without warrant.
• Rationale: At the time of arrest, the
escapee is in continuous commission of
a crime (Evasion of service of
sentence)
Rules on Illegality of Arrest:
1. Affects only the jurisdiction over the
person of the accused.
2. Objection to illegality of arrest must be
done before arraignment.
3. Applying for bail does not bar the
questioning of legality of arrest.
Method of Arrest
With Warrant:
• Duties of arresting officer:
• Execute warrant within 10 days from
receipt
• Officer must inform the accused of
cause of arrest and the fact that a
warrant has been issued against him.
XPNS:
1. Accused flees;
2. Forcibly resists;
3. Such information would imperil the
arrest
• Officer need not have the warrant at
the time of arrest, but if the accused
would like to be shown a copy of the
warrant, then he must be furnished
with one.
• Arrest the accused and deliver him to
the nearest jail or police station.
• There must be no unnecessary use of
force or violence when making an
arrest.
Rights of Arresting officer (with or without
warrant):
• To orally summon as many persons to
help him make an arrest
• To break into a building or enclosure
provided:
1. The person to be arrested is reasonably
believed to be inside the building;
2. He has announced his authority and
purpose for entering;
3. To break out of building;
• To search the person arrested for
dangerous weapons.
Without Warrant:
• GR: The officer shall inform the person
to be arrested of:
1. His authority
2. The cause of the arrest.
XPNS:
1. The crime is currently being
committed;
2. When pursued immediately upon
commission;
3. When accused flees, escapes, or
forcibly resists before officer has
opportunity to inform;
4. When the giving of such information
will imperil the arrest.
Citizen’s Arrest
1. The private person shall inform the
person of his intention to arrest him.
2. Private person must deliver the
accused to the nearest jail or police
station. Otherwise, the citizen may be
liable for illegal detention or even
unlawful arrest under the Revised
Penal Code.
Requisites for a Valid Warrant of Arrest:
1. Be Issued upon PC, to be determined
personally by the judge upon oath or
affirmation of the complainant and the
witnesses he may produce (Art. III,
Sec. 2, 1987 Constitution).
2. Particularly describe the person to be
arrested.
3. Personal examination by the judge of
complainant and his witnesses
67
unnecessary for issuance of warrant of
arrest. Judge merely issues warrant of
arrest based on resolution of
prosecutor and other supporting
evidence (Soliven v. Makasiar, 1988;
AAA v. Carbonell, 2007).
4. If judge finds PC, he/she shall issue
warrant of arrest.
5. If he/she does not find PC, he shall
dismiss the case.
6. If he/she doubts existence of PC, he
may order the fiscal to present
additional evidence within 5 days. (AAA
v. Carbonell, 2007)
When warrant of arrest not necessary:
1. Accused is under detention;
2. When in absence of inquest prosecutor,
direct filing to the RTC is resorted to
(Rule 112, Sec.6).
3. Offense only penalized by fine (Luz v.
People, 2012)
BAIL (RULE 114)
• Bail is the security given for the release
of a person in custody of the law,
furnished by him or a bondsman,
conditioned upon his appearance
before any court as may be required
(Sec. 1).
When Available
• Only available in criminal proceedings.
• Any person under detention or custody
of law (meaning, he was arrested),
even if no formal charges have yet
been filed (as long as deprived of
physical liberty), can invoke the right
to bail.
• Amount of bail, no charges yet: Ask
the charge and determine the amount
of bail. This is summary hearing.
• Q. Charge not file yet. Fiscal wants the
penalty of the charge for murder:
• A: Bail is a matter of right because
there is no charge yet. The Judge will
presume it as homicide. Prevailing rule
is to protect the person’s right to bail.
The Court will still determine that the
evidence of guilt is strong. It is not
limited to the fiscal’s determination
 that just because it is Murder (so, the
charge is capital offense), no right of
bail.
Types of bail bonds:
a. Cash
b. Surety
c. Property – can be anyone’s property,
annotate in the title that it is used as
bail.
• Bail may be a matter of right or
discretion.
• Whether bail is a right or discretionary,
reasonable notice of hearing is required
to be given to the prosecutor or at
least, he must be asked for his
recommendation because in fixing the
amount of bail, the judge must
consider a number of factors. In any
case, bail should not be excessive so
as to assume civil liability.
Bail as a Matter of Right
• Before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities
and Municipal Circuit Trial Court; and
• Before conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment, be admitted to bail as a
matter of right, with sufficient sureties,
or be released on recognizance as
prescribed by law or this Rule [Sec. 4,
Rule 114].
• Bail is a matter of right regardless of
the times he jumps bail. Even if
evidence of guilt is strong, so long as
not capital offense. The remedy of the
Judge to discourage jumping of bail is
to increase the amount of bail.
Bail, When Discretionary
• Upon conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment — The court, on
application, may admit the accused to
bail. The court, in its discretion, may
allow the accused to continue on
provisional liberty under the same bail
bond during the period to appeal
68
subject to the consent of the
bondsman.
• After conviction with the Regional Trial
Court, if the court imposed a penalty of
imprisonment exceeding six years but
not more than twenty years, the
accused shall be denied bail, or his bail
previously granted shall be cancelled,
upon a showing by the prosecution,
with notice to the accused, of the
following or other similar
circumstances:
a. That the accused is a recidivist, quasi-
recidivist, or habitual delinquent, or
has committed the crime aggravated
by the circumstance of reiteration;
b. That the accused is found to have
previously escaped from legal
confinement, evaded sentence or has
violated the conditions of his bail
without valid justification;
c. That the accused committed the
offense while on probation, parole, or
under conditional pardon;
d. That the circumstances of the accused
or his case indicate the probability of
flight if released on bail; or
e. That there is undue risk that during the
pendency of the appeal, the accused
may commit another crime (Sec. 5)
• If the case was elevated to the Court of
Appeals, the bail application should be
filed there. Bail here is discretionary.
Bail is no longer available to cases
appealed to the Supreme Court.
Standards for Fixing Bail (Sec. 6)
Among the factors to be considered by the
judge in fixing bail are:
1. The financial ability of the accused;
2. The nature and circumstances of the
offense;
3. The penalty for the offense charged;
4. The character and reputation of the
accused, his age and health;
5. The weight of the evidence against
him;
6. The probability of his appearing at the
trial;
7. The forfeiture of other bonds by him;
8. The fact that he was a fugitive from
justice when arrested; and
 9. The pendency of other cases in which
he is under bond.
Bail Bond
• Bail bond is a guaranty of the
appearance or the attendance of the
accused when he is out on bail or when
he is enjoying his provisional liberty
that whenever the court requires his
attendance, he would appear in court.
• It could either be posted in cash, the
title of his property or tax declaration
or it could simply be a surety
guarantying his appearance in court.
Q. What if accused jumps bail?
a. If Cash- forfeited in favor of
government
b. If Property- forfeited to the extent of
the amount of bail
c. If Surety- court will order the surety to
surrender the body of the accused.
Recognizance
• Recognizance is another form of
guaranty to the court that while he is
out on provisional liberty, he would
appear in court. He is just being
released to a responsible authority or
individual to guaranty his appearance
in court whenever it is needed in court.
• This can be availed if even if convicted
if he applies for probation because the
possibility of escaping is rather remote.
Right to Bail and Extradition
• GR: Not a matter of right in extradition
(diplomatic proceeding) and
deportation (administrative
proceeding) – as these are not criminal
in nature
• BUT, in Government of Hongkong
Special Administrative Region v. Judge
Olalia (G.R. No. 153675 April 19,
2007), The decision of the SC in
Government of the USA v. Judge
Purganan which says that “no bail rule
applies in extradition since bail is
available only to one who had arrested
and detained for violation of Philippine
criminal laws” was re-examined and,
after re-examination, the rule now is
that an extraditee may be allowed to
69
post bail during the pendency of an
extradition proceeding. However, for
him to be allowed to post bail, still he
must prove that (1) once granted bail
he will not be a flight risk or a danger
to the community; and (2) that there
exists special, humanitarian and
compelling circumstances that will
justify the grant of bail to him, by a
clear and convincing evidence.
• The reason why the Purganan ruling
was re-examined is because of the
modern trend in public international
law where an individual person is no
longer considered a mere object of
international law but rather as a
subject thereof, and the primacy given
to human rights, among which is the
right to liberty.
Right to Bail and the Military
• Military cannot avail the right to bail.
• Reason: Right to speedy trial is given
more emphasis in the military where
the right to bail does not exist. Valid
exception considering the substantial
distinctions between the military and
civilians.
When Denied
• When the accused is (1) charged with a
capital offense, or an offense
punishable by reclusion perpetua or
higher and (2) evidence of guilt is
strong, then bail shall be denied, as it
is neither a matter of right or of
discretion (Padilla v. Court of Appeals,
260 SCRA 155).
• Where the offense is punishable by RP,
it is the duty of the judge to determine
if evidence of guilt is strong to decide
whether bail may be granted or not.
Bail is not a matter of right when
accused is charged for an offense
punishable by RP when evidence of
guilt is strong.
• Bail for the provisional liberty to the
accused, regardless of the crime
charged, should be allowed
independently of the merits of the
charge, provided his continued
incarceration is clearly shown to be
injurious to his health or to endanger
his life. Indeed, denying him bail
 despite imperiling hid health and life
would not serve the true objective of
preventive incarceration during the
trial. (Juan Ponce Enrile v.
Sandiganbayan 3rd Div., G.R. No.
213847, August 18, 2015)
Waiver of the Right to Bail
• The right to bail is another of the
constitutional rights which can be
waived. It is a right which is personal
to the accused and whose waiver
would not be contrary to law, public
order, public policy, morals, or good
customs, or prejudicial to a third
person with a right recognized by law
(People v. Judge Donato, 198 SCRA
130).
• The failure of the accused to call the
attention of the trial court to the
unresolved petition for bail is deemed a
waiver of the right to bail.
Furthermore, the conviction of the
accused renders the petition for bail
moot and academic (People v. Manes,
G.R. No. 122737, February 17, 1999).
RIGHTS OF THE ACCUSED (RULE 115)
Elements of Criminal Due Process:
1. Accused must be heard in a court of
competent jurisdiction
2. Must have orderly processes of law
3. Accused must be given notice and
opportunity to be heard
4. Judgment was awarded via authority of
Constitutional law.
Rights of the Accused at Trial:
A. Right to be presumed innocent (Art.
III, Sec. 14 (2), 1987 Constitution)
• Quantum of evidence in criminal cases
is proof beyond reasonable doubt.
• Absolute certainty of guilt not required,
only MORAL certainty.
• Statutes providing for presumptions of
guilt are constitutionally valid. There is
nothing objectionable with passing a
law providing that the presumption of
70
innocence may be overcome by a
contrary reasonable presumption based
on experience of human conduct.
(People v. Mingoa, 92 Phil. 856 [1953])
• The legislature may enact laws that
certain facts, when proven, are prima
facie evidence of existence of guilt of
the accused, provided that there is a
rational connection between the facts
proved and the ultimate fact presumed
(Tio v. Videogram Regulatory Board,
151 SCRA 208).
B. Right to be informed of the Nature
and Cause of the Accusation Against
Him
• This right is not waivable
• The full reading of information during
arraignment may be waived upon full
understanding and consent of both
accused and his counsel.
C. Right to be Present and Defend by
Counsel at every stage of the
proceeding
GR: Presence of the accused is not required
during trial.
XPN:
1. During arraignment
2. Promulgation of sentence except light
offenses
3. When ordered by the court to be
present for purposes of identification.
• Right to appear may be waived.
Requisites:
1. Knowledge of existence of the right
2. Must be with assistance of counsel
when required by law.
Effects of non-attendance at trial:
1. Waiver of right to present evidence and
cross-examine witnesses
2. Prosecution can present evidence if
witness fails to appear
3. Court can decide without accused’s
evidence.
Requisites for Trial in Absentia (Article III, Sec.
14 par. 2, 1987 Constitution):
1. Accused has been arraigned;
2. Accused has been notified of trial;
3. Accused’s failure to appear is
unjustifiable.
D. Right to Counsel
• During custodial investigation, accused
must be informed of his right to
competent and independent counsel,
preferably of his own choice. If he
cannot afford the services of counsel,
he must be afforded with one (Article
III, Sec. 12, 1987 Constitution).
• During Arraignment, court must inform
accused of his right to counsel and
provide him with one in case he cannot
afford one.
• During trial- accused must assert his
right to counsel.
• Right to counsel may be waived but
must be done in writing and in the
presence of counsel (Art. III, Sec. 12,
1987 Constitution)
• Accused may be allowed visits and
conferences with family members, a
doctor, priest, any NGO or human
rights organization.
E. Right to testify as witness on his own
behalf
• A witness has every right to testify on
his behalf. But if he does so, he waives
his right against self-incrimination, and
he may be asked any type of question
on the stand, even if it would expose
him to criminal liability.
F. Right Against Self Incrimination
(Article III, Sec. 17, 1987
Constitution)
Scope and coverage
• The kernel of the right is not against all
compulsion but testimonial compulsion
only (Alih v. Castro, 151 SCRA 279).
• The right against self-incrimination is
simply against the legal process of
extracting from the lips of the accused
71
an admission of his guilt. It does not
apply where the evidence sought to be
excluded is not an incriminating
statement but an object evidence
(People v. Malimit, 264 SCRA 167).
Examples of mechanical acts:
a. Results of the gunpowder
examination
b. Blue powder examination
c. Weighing, measuring the accused
d. Taking pictures of the accused
e. Putting his foot in a footdrip
f. Getting a sample of his hair or saliva
for a DNA test
• Note: Handwriting in connection with
a prosecution for falsification is not
allowed.
• Rationale: Writing is something more
than moving the body, or the hands,
or the fingers; writing is not a purely
mechanical act, because it requires
the application of intelligence and
attention; and in the case at bar
writing means that the petitioner
herein is to furnish a means to
determine whether or not he is the
falsifier, as the petition of the
respondent fiscal clearly states.
(Beltran v. Samson 53 Phil 570;
Marcelo v. Sandiganbayan, G.R. No.
109242, January 26, 1999)
Application
• GR: The privilege is available in any
proceedings, even outside the court,
for they may eventually lead to a
criminal prosecution.
Expanded Application
• The right of the accused against self-
incrimination is extended to
respondents in administrative
investigations that partake of the
nature of or are analogous to criminal
proceedings. The privilege has
consistently been held to extend to all
proceedings sanctioned by law; and
to all cases in which punishment is
sought to be visited upon a witness,
whether a party or not (Standard
Chartered Bank v. Senate Committee
 on Banks, G.R. No. 167173, • The right against self-incrimination is
December 27, 2007). not self-executing or automatically
• It also applies to administrative operational. It must be claimed. If
proceedings with penal aspect i.e., not claimed by or in behalf of the
medical board investigation (Pascual witness, the protection does not
v. Board of Medical Examiners, G.R. come into play. It follows that the
No. L-25018, May 26, 1969). right may be waived, expressly, or
• It has also been held to apply in impliedly, as by a failure to claim it at
forfeiture proceedings. (Cabal v. the appropriate time. (People v.
Kapunan Jr., G.R. No. L-19052, Ayson, G.R. No. 85215, July 7, 1989)
December 29,1962)
• Fact-Finding investigation by an ad Immunity statutes
hoc body (Galman v. Pamaran, G.R. • When a witness is being compelled to
Nos. 71208-09, August 30, 1985) testify notwithstanding the fact that
• When an accused was charged for the testimony he is compelled to give
violation of the Dangerous Drugs Law may be self-incrimination, such
(RA No. 9165) because of a positive witness may testify if he is granted
finding in a urinalysis upon his arrest an immunity.
for extortion, the charge is illegal for
violating the right of the accused to 1. Transactional Immunity Statute
privacy and his right against self- provides that the testimony of any
incrimination (De la Cruz v. People, person or whose possession of
GR No. 200748, July 23, 2014) documents or other evidence
Right against self-incrimination of accused vs. necessary or convenient to determine
ordinary witness the truth in any investigation
conducted is immune from criminal
ACCUSED ORDINARY prosecution for an offense to which
WITNESS such compelled testimony relates.
The defendant in a An ordinary witness
criminal case cannot may be compelled to • Example: One of the functions of the
be compelled by testify and invoke the Commission on Human Rights is to
subpoena or any right only against grant immunity from prosecution to
other process or each question any person whose testimony or
order of the court to requiring an whose possession of documents or
testify or produce incriminating other evidence is necessary or
evidence in the answer. [People vs. convenient to determine the truth in
criminal case in which Ayson, supra] any investigation conducted by it or
he is the accused or under its authority (Art. XIII, Sec.
one of the accused. 18[8]).
In other words, s/he
can refuse to testify 2. Use-and-Derivative-Use
altogether. Immunity - prohibits the use of a
witness’ compelled testimony and its
fruits in any manner in connection
with the criminal prosecution with the
If the witness is criminal prosecution of the witness
accused, he may (Galman vs. Pamaran, 138 SCRA
totally refuse to 272).
take
the stand. • This is a “limited edition” immunity.

Not Self-Executing; May Be Waived

G. Right to meet the witnesses face to
face

72
 • Pertains to the right of the accused to
cross-examine the witnesses of the
prosecution.
• Right is also available to the
prosecution.
• May be waived if accused or
prosecution fails to avail of such.
H. Right to have compulsory process
• Right to compel the production of
evidence or to compel the attendance
of witnesses on his behalf by securing
a subpoena duces tecum or ad
testificandum.
• This right is also available to the
prosecution.
I. Right to a Speedy, impartial and
public trial
Factors to consider in determining whether or
not right of speedy trial was violated:
1. The conduct of parties;
2. The length of delay;
3. The reason for delay;
4. The accused’s assertion or non-
assertion of the right;
5. The prejudice brought to the accused
by the delay (Coscoluella v.
Sandiganbayan, G.R. No. 191411,
July 15, 2013)
• There is no violation of right of speedy
trial if delay is imputable to the
accused (Solis v. Agloro, 173 Phil. 551
[1978])
• Delay, however, is not determined
through mere mathematical reckoning
but through the examination of the
facts and circumstances surrounding
each case. Courts should appraise a
reasonable period from the point of
view of how much time a competent
and independent public officer would
need in relation to the complexity of a
given case. Nonetheless, the accused
must invoke his or her constitutional
rights in a timely manner. The failure
to do so could be considered by the
courts as a waiver of right. (Cagang v.
Sandiganbayan, G.R. No. 237997, July
31, 2018)
73
• The reckoning point when delay starts
to run is the date of the filing of a
formal complaint by a private
complainant or the filing by the Field
Investigation Office with the
Ombudsman of a formal complaint
based on an anonymous complaint or
as a result of its motu proprio
investigations. The period devoted to
the fact-finding investigations prior to
the date of the filing of the formal
complaint with the Ombudsman shall
NOT be considered in determining
inordinate delay. After the filing of the
formal complaint, the time devoted to
fact finding investigations shall always
be factored in. (Cagang v.
Sandiganbayan, G.R. No. 237997, July
31, 2018)
Remedies of accused in case of violation of
right to speedy trial:
1. Motion to Dismiss on ground of
violation of right to speedy trial
2. Habeas corpus
3. Mandamus to compel dismissal.
• Effect of dismissal based on violation of
right to speedy trial: Tantamount to
acquittal; double jeopardy sets in.
• Trial is open to the public to anyone
who wishes to observe.
The public may be excluded by the court or by
motion when:
1. Evidence to be produced is offensive
to morals and decency
2. Upon motion of the accused.
J. Right to Appeal
• This right may be waived, for appeal is
not a natural or constitutional right,
but a mere statutory right that may be
regulated and waived.
• All requisites for perfection of an
appeal must be complied with, and the
reglementary period to file an appeal
must be strictly complied with.
ARRAIGNMENT AND PLEA (RULE 116)

• Arraignment- Mechanism to inform the
accused of the nature and the cause of
the accusations against him.
• Where made: Before the court where
complaint/information was filed.
• By who: By clerk of court or judge, by
reading the information, and asking the
accused whether he pleads guilty or
not guilty
• The accused should be arraigned within
30 days from the time court acquires
jurisdiction over his person.
Excluded in 30-day period:
1. Time for filing of a Motion to Quash
2. Time for Bill of Particulars
3. Other causes
Instances when the offended party’s
presence is needed:
1. Plea bargaining
2. Determination of civil liability
3. Other matters requiring his
presence.
• Court must inform the accused of his
right to counsel and inquire whether he
desires to have one and if he does
desire but does not have a counsel, the
court must appoint a counsel de oficio
to represent the accused.
• Accused must be personally present
during his arraignment.
• If accused has not been arraigned,
judgment is void. But if subsequently
arraigned, defect is cured.
• Default plea: NOT GUILTY
• Conditional plea of guilty- A plea
entered by the accused with a proviso
that a certain penalty be imposed upon
him. It is equivalent to a not guilty
plea.
When Accused May Enter a Plea of Guilty
to a Lesser Offense
• The offense is necessarily included in
the offense charge (e.g., from murder
to homicide)
• Consent of offended party must be
obtained.
• After arraignment but before trial, the
accused may withdraw his plea. No
74
amendment of the information is
necessary.
If accused pleads guilty to a capital
offense (Sec. 6)
• Capital Offense- An offense punishable
by death. (Not anymore applicable
pursuant to law abolishing of death
penalty, RA No. 9346)
• The Court must conduct a searching
inquiry of comprehension of the
accused.
• A searching inquiry to the
understanding of the accused to
pleading guilty to a capital offense is
mandatory.
• The plea must be clear, unequivocal
and unconditional.
• The prosecution is still required to
present evidence to determine precise
degree of culpability of accused.
• The accused may present evidence on
his behalf.
Improvident plea of guilty
• A plea of guilty without proper
information as to the circumstances
surrounding it, and its effects.
• An improvident plea of guilty is
insufficient to sustain a conviction.
• An improvident plea may be set aside
at any time before judgment becomes
final.
• The withdrawal of improvident plea of
guilty is upon the sound discretion of
the trial court.
MOTION TO QUASH (RULE 117)
• A Motion to Quash (MTQ) is a
hypothetical admission of the facts
alleged in the information.
• In an MTQ, accused assails the validity
of the information against him.
• Evidence aliunde is not required.
• When filed: Before arraignment
XPNS:
 1. Failure to charge an offense • XPN: If accused fails to object at the
2. Lack of jurisdiction over the subject earliest opportunity (before
matter arraignment), he may be convicted for
3. Lack of jurisdiction over the person as many offenses as charged.
of the accused
4. Lack of jurisdiction over the subject Extinguishment of Criminal Liability (Art.
matter 89, RPC)
5. Double jeopardy a. By the death of the convict, as to the
6. Prescription personal penalties and as to pecuniary
Grounds for MTQ: penalties, liability therefor is
extinguished only when the death of
1. That the facts charged do not the offender occurs before final
constitute an offense; (NOT judgment.
WAIVABLE) b. By service of the sentence;
2. That the court trying the case has c. By amnesty, which completely
no jurisdiction over the offense extinguishes the penalty and all its
charged; charged; (NOT effects;
WAIVABLE) d. By absolute pardon;
3. That the court trying the case has e. By prescription of the crime;
no jurisdiction over the person of f. By prescription of the penalty;
the accused; (WAIVABLE) g. By the marriage of the offended
4. That the officer who filed the woman, as provided in Article 344 of
information had no authority to do this Code.
so; (WAIVABLE)
5. That it does not conform The averments, if true constitute a legal
substantially to the prescribed justification
form; form; (WAIVABLE) a. Exempting Circumstances (Article 12,
6. That more than one offense is RPC)
charged except when a single b. Justifying Circumstances (Article 11,
punishment for various offenses is RPC)
prescribed by law; (WAIVABLE) c. Absolutory causes (such as relationship
7. That the criminal action or liability in the crimes of theft, estafa, malicious
has been extinguished; (NOT mischief) (Article 332, RPC)
WAIVABLE)
8. That it contains averments which, Dismissal vs. Acquittal
if true, would constitute a legal
excuse or justification; (NOT Dismissal
WAIVABLE)
• Does not decide case on the merits
9. That the accused has been
• Double jeopardy will not always attach
previously convicted or acquitted of
the offense charged, or the case Acquittal
against him was dismissed or
otherwise terminated without his • Always based on merits
express consent. (NOT • Double jeopardy will always attach.
WAIVABLE)
Motion to Quash v. Demurrer to Evidence

Motion to Demurrer
• Formal defects in information may be Quash to
cured by amendment. Evidence
When Before After
Duplicity of offenses filed arraignment prosecution
has
• GR: It is a ground for MTQ (before presented
arraignment). evidence

75
 Basis for Insufficiency Insufficiency Requisites for Jeopardy to attach:
grant of of info on its of evidence
denial face 1. Valid complaint or information
Grounds Multiple Insufficiency 2. Such valid complaint or information
grounds of evidence must be filed with the proper court
Leave of Not needed May be filed 3. Accused must have been validly
Court with or w/o arraigned or accused must have
LOC already plead to the charge
Effect of Filing of new Acquittal 4. The case is dismissed without the
grant info express consent of the accused or that,
Effect of Proceed to Accused it is terminated or dismissed, resulting
denial trial may still in the acquittal or the conviction of the
present accused
evidence
XPN: Jeopardy attaches:
If filed w/o
LOC • Upon good indictment;
Remedy Certiorari Not • Before a competent court;
reviewable • After arraignment;
by appeal or • After plea.
certiorari
FIRST REQUISITE: VALID COMPLAINT OR
INFORMATION
Effects of sustaining MTQ
• This requirement is very important,
• Another information can be filed such that, if an Information is filed in
court, and that is not signed by the
XPN:
fiscal, then that information is valid.
a. Criminal liability extinguished Such that, if the case is dismissed for
b. Double jeopardy the reason that the information is
invalid, then the case will be filed
Effects of Denying MTQ vs. Effects of anew, then the accused cannot put up
Granting MTQ the defense of double jeopardy.
• If an information, for example, is filed
Denying Granting
in court and validly signed by a person
MTQ MTQ
Nature of Interlocutory Final order who has no authority to file the same.
order In that, instead of having it signed by
Appealable? Not Appealable the prosecutor, it is rather signed by a
appealable except mere clerk of the fiscal’s office. That is
absent GAD double definitely invalid. Such that, if the case
jeopardy is dismissed and a new information,
Is main case No On the this time, signed by authorized
decided on merits if personnel is filed in court, then the
the merits? prescription accused cannot put up the defense of
or double double jeopardy.
jeopardy • If the case is dismissed at the fiscal
Remedy to Appeal after Appeal the level, it follows that the information
be availed of trial order
has not been filed in court. So if the
Consequence Arraignment Amend info if
complainant in that case, refiles the
of order possible
case, advancing some newly
discovered evidence, then the filing of
the case before the prosecutor will not
give rise to accused or respondent’s
Double Jeopardy invocation of double jeopardy because
in the first place, no complaint or
Requisites; scope
information has yet been filed in court

76
 (Icasiano v. Sandiganbayan, 209 SCRA
377).
SECOND REQUISITE: SUCH VALID
INFORMATION MUST BE FILED WITH THE
PROPER COURT
• As a rule, venue in criminal cases is
jurisdictional. Such that, if the crime is
committed in Cebu City, then that case
should be tried before Cebu City
courts.
• Conversely, if the offense is committed
in Mandaue City, then such offense
should be tried before Mandaue City
courts. Such that, if the offense, for
example is committed in Cebu City but
the case is rather filed in Mandaue
City, then if that case is dismissed by
Mandaue City court and if that case is
refiled before the Cebu City courts,
accused cannot interpose the defense
of double jeopardy because the second
requirement is one thing. It requires
that the information must be filed with
the appropriate court.
• Conversely, if the offense is cognizable
by the MTC, but perhaps by share of
advertence, and filed by RTC, and such
case is filed by the RTC, and the same
is filed, this time with the MTC,
accused cannot also interpose the
defense of double jeopardy.
THIRD REQUISITE: ACCUSED MUST HAVE
BEEN VALIDLY ARRAIGNED OR THE
ACCUSED MUST HAVE ALREADY PLED TO
THE CHARGE
• The plea must be valid. If the plea is
invalid, there will be no double
jeopardy.
• SITUATION: An accused pled guilty to
an offense. (e.g., homicide based on a
mitigating circumstance), but in the
course of the trial, the defense
presented evidence showing self-
defense of the accused. The Court then
acquitted the accused based on self-
defense.
• Q: Can the prosecution appeal the
acquittal in this case?
• A: YES. The presentation of evidence
by the accused of evidence trying to
exculpate his guilt despite a plea of
guilty is an implied revocation of his
77
previous plea of guilty. Thus, there is
no longer any valid plea entered, and
thus there is no first jeopardy that can
attach, and the case/appeal can
prosper.
• If before arraignment, accused,
through his lawyer, filed a motion to
quash the information, say for
example, for want of jurisdiction over
his person because he questioned the
validity of his arrest, and if the case
was dismissed, then it is refiled,
accused cannot invoke double jeopardy
because the third requisite is wanting
that accused must have been validly
arraigned.
FOURTH REQUISITE: THE CASE IS
DISMISSED WITHOUT THE EXPRESS
CONSENT OF THE ACCUSED OR THAT, IT
IS TERMINATED OR DISMISSED,
RESULTING IN THE ACQUITTAL OR THE
CONVICTION OF THE ACCUSED.
• In other words, there should be
termination of the first jeopardy before
the accused can invoke his right
against double jeopardy.
• Termination of the first jeopardy may
be through:
a. The acquittal of the accused;
b. The conviction of the accused;
c. The termination of a case without his
express consent of conformity.
• If there are 2 information or complaints
filed at a same accused arising from a
same act or offense, then the
pendency of these cases would not
afford the accused the right to invoke
double jeopardy. The requirement is
that the case must have been
terminated already before he can
interpose the defense of double
jeopardy.
• As a rule, a judgment of acquittal
cannot be reconsidered because it
places the accused under double
jeopardy. (Lejano vs. People, G.R. No.
176398, January 18, 2011)
Limitations
• The conviction of the accused shall not
be a bar to another prosecution for an
 offense which necessarily includes the
offense charged in the former
complaint or information under the
following instances, pursuant to Sec. 7,
Rule 117, Rules of Court:
a. Supervening Event: The graver
offense developed due to "supervening
facts" arising from the same act or
omission constituting the former
charge. (e.g., A person convicted of
physical injuries may still be
prosecuted for homicide if the victim
dies later.)
b. Newly Discovered Event: The facts
constituting the graver charge became
known or were discovered only after
the filing of the former complaint or
information.
c. Defective Plea Bargain: The plea of
guilty to the lesser offense was made
without the consent of the fiscal and
the offended party, except as provided
in Sec. 1 (f) of Rule 116.
• Note: In case of failure of the offended
party to appear despite due notice, the
court may allow the accused to enter a
plea of guilty to a lesser offense which
is necessarily included in the offense
charged with the conformity of the trial
prosecutor alone.
Situation
• You are driving your car in a reckless
manner and you ended up in a
vehicular accident with another motor
vehicle where there are 2 passengers
thereon. In the process or as a result,
one of the passengers died on the spot
while other one sustained Slight PI.
Assume further that 2 information were
filed in court. 1 is for reckless
imprudence resulting in slight PI and
other is reckless imprudence resulting
in homicide. Accused pleaded guilty to
the offense of reckless imprudence
resulting in slight physical injuries.
• Q: May accused move for the dismissal
of the other case for reckless
imprudence resulting in homicide citing
78
his previous conviction in the other
related case (R.I. resulting in Slight PI)
• A: NO. In the case of Ivler v. Hon
Judge San Pedro (GR No. 172716,
November 17, 2010), the accused
pleaded guilty to the lower charge and
used that to plead for the dismissal of
the graver offense grounded on his
right against double jeopardy. That
was sustained by the SC. After all, the
offense was for reckless imprudence.
• An accused may be charged with many
different crimes, even if such crimes
arose from a single set of acts,
provided that the crimes committed
have different elements to each other.
When appeal of an acquittal is allowed:
• The GENERAL RULE is that, if there is a
judgment of acquittal in a criminal
case, the State cannot file an motion
for reconsideration and it cannot file for
an appeal EXCEPT if there is a denial of
due process that was committed
against the State or against the
prosecution (Tacas v. People, GR No.
L-37406, August 31, 1976)
Exceptions:
Appeal from acquittal is not double jeopardy if:
1. Deprivation of due process: Where
the prosecution is deprived of a fair
opportunity to prosecute and prove its
case (Villareal v. People, GR No.
151258, December 1, 2014)
• Provided, that the judge considered the
evidence, even if the appreciation of
the evidence leading to the acquittal is
erroneous, an appeal or motion for
reconsideration by the prosecution will
not be allowed. (People v. Judge
Velasco, G.R. No. 127444 September
13, 2000)
2. Mistrial (Galman v. Sandiganbayan,
G.R. No. 72670, September 12, 1986)
3. Grave abuse of discretion
amounting to lack or excess of
jurisdiction (People v. Uy, G.R. No.
158157, Nov. 17, 2005)

4. Appeal on the civil aspect of the
case (Lumantas v. Calapiz, G.R. No.
163753, January 15, 2014).
5. The facts constituting the graver
offense became known or
discovered only after accused had
entered his plea under the
previous complaint or Information.
Provisional Dismissal
• This provision allows provisional
dismissal of cases. Under this section,
a case before the MTC may be
provisionally dismissed and it may be
refiled within a period of 1 year reckon
from the date of its provisional
dismissal.
• Where the case however, is cognizable
in RTC, then the case may be refiled
within 2 years from the date of its
dismissal. But under this Section, there
may only be valid provisional dismissal
of cases if such is done with the
conformity of the accused.
• Precisely, the case may be filed within
1 year or 2 years as the case may be,
because accused cannot invoke his
right against double jeopardy because
he consents to the provisional
dismissal of the case.
• If ever the fiscal would suggest that
instead of having the case dismissed
because of the violation of your client
to speedy trial, do not consent to such
proposal because if you give your
consent, the case may be refiled within
1 or 2 years as the case may be and
you cannot interpose the defense of
double jeopardy. After all, you had
given your consent to such provisional
dismissal.
• GR: If the termination is with the
consent of the accused, he cannot
invoke his right against double
jeopardy in the event the case is
refiled.
XPNS:
1. When even the dismissal or
termination of the case is upon the
79
instance of the accused or with his
consent, such termination of the case
would not foreclose his right to invoke
his right against double jeopardy. - If
this is anchored in the violation of his
right to speedy trial.
• If the case is terminated even upon the
instance of the accused because there
is an apparent violation of his right to
speedy trial because of unreasonable
postponement, then such dismissal,
although upon the instance of the
accused, will not foreclose his right to
invoke double jeopardy in the event
that the case would be refiled.
2. When the termination of the case is
with the consent, or even upon the
instance of the accused is grounded on
insufficiency of the evidence for
prosecution
• In such case, any such dismissal would
be treated as acquittal. Hence, the
case may no longer be refiled without
violating the rights of the accused
against double jeopardy.
• This is the ruling in the case of People
v. Vera, (GR No.134732, May 19,
2002). While as a rule, that the case is
terminated with the expressed consent
of the accused, then the event the case
is refiled, accused cannot invoke his
right against double jeopardy EXCEPT
when such termination, upon the
instance of the accused, or his consent,
is anchored on his right to speedy trial
or the same is anchored is anchored on
the insufficiency of the evidence of the
prosecution.
• Note: In Criminal Cases, after the
prosecution has rested in the case and
the defense is of the considered view
that the evidence would not sustain
conviction, the defense may want to
file a demurer to evidence. By filing
such demurer to evidence, the defense
is asking the court to forthwith render
a judgment on the basis solely on the
evidence for the prosecution. If the
 motion is granted, then that’s the end
of the case. Meaning to say, the State
cannot anymore refile the case even
the State would contend that it had
found newly discovered evidence
because that is already adjudication on
the merits.
PRE-TRIAL (RULE 118)
• Pre-trial is mandatory in criminal
cases.
• Arraignment and pre-trial in 30 days
• Plea bargaining- The defendant pleads
guilty to a lesser offense
• A Plea of guilty to a lesser offense
needs consent of offended party and
fiscal.
• Drugs cases may now be plea
bargained (Estipona v. Lobrigo, G.R.
No. 226679, August 15, 2017).
• But such plea bargaining cannot be had
if the prosecutor objects to plea
bargaining (Sayre v. Xenos, GR No.
244413, February 18, 2020)
Pre-trial Agreement
1. Must be reduced into writing;
2. Must be signed by accused and
counsel;
3. Must be with court approval.
• If the above requisites are not
followed, any agreement made during
the pre-trial shall be inadmissible as
evidence against the accused.
Non-appearance during pre-trial
• The lawyers must be present during
pre-trial
• The accused is not required to appear
during pre-trial unless court orders him
to do so.
Effect of non-appearance of counsels, Pre-Trial
Brief
• It shall be a ground for appropriate
penalties
• A Pre-trial brief is not required in
criminal cases, but is recommended to
be made.
80
When Witnesses must testify via Judicial
Affidavit:
1. The penalty for the crime committed
does not exceed 6 years;
2. Accused agrees to the use of Judicial
Affidavits;
3. Where the demeanor of the witness is
not essential in determining the
credibility of said witness, such as
forensic chemists, medico-legal
officers, investigators, auditors,
accountants, engineers, custodians,
expert witnesses and other similar
witnesses.
TRIAL (RULE 119)
• Trial shall be set not later than thirty
30 days from the termination of the
pre-trial conference (A.M. No 12-11-2-
SC).
• Trial once commenced shall continue
from day to day as far as practicable
until terminated It may be postponed
for a reasonable period of time for
good cause.
• The court shall, after consultation with
the prosecutor and defense counsel,
set the case for continuous trial on a
weekly or other short term trial
calendar at the earliest possible time
so as to ensure speedy trial. In no case
shall the entire trial period exceed one
hundred eighty (180) days from the
first day of trial, except as otherwise
authorized by the Supreme Court.
• The time limitations provided under
this section and the preceding section
shall not apply where special laws or
circulars of the Supreme Court provide
for a shorter period of trial.

FLOW OF TRIAL (REGULAR CASES)
ARRAIGNMENT AND PRE-TRIAL
(30 DAYS)
PRESENTATION BY PROSECUTION
AND DEFENSE OF EVIDENCE
(180 DAYS EACH)
PROMULGATION OF DECISION
(90 DAYS)
DRUGS CASES
Trial to be finished 60 days
from the filing of information
Promulgation of decision within 15
days from time of submission
Accused is Entitled to a Speedy disposition
of his case (Sec. 10)
• The law on speedy trial not a bar to
provision on speedy trial in the
Constitution No provision of law on
speedy trial and no rule implementing
the same shall be interpreted as a bar
to any charge of denial of the right to
speedy trial guaranteed by Section 14
(2) Article III, of the 1987 Constitution.
• In determining whether there is
violation of the right of a respondent to
speedy disposition of cases in cases
filed before the Ombudsman, the
period for fact finding investigation
should not be counted for the purpose
81
of determining whether inordinate
delay exists, a case is deemed to have
commenced from the filing of the
formal complaint and subsequent
conduct of preliminary investigation
(Cagang vs Sandiganbayan, GR No.
206438, July 31 2018)
Order of Trial
a) The prosecution shall present evidence to
prove the charge and, in the proper case,
the civil liability
b) The accused may present evidence to
prove his defense and damages, if any,
arising from the issuance of a provisional
remedy in the case.
c) The prosecution and the defense may, in
that order, present rebuttal and sur
rebuttal evidence unless the court, in
furtherance of justice, permits them to
present additional evidence bearing upon
the main issue.
d) Upon admission of the evidence of the
parties, the case shall be deemed
submitted for decision, unless the court
directs them to argue orally or to submit
written memoranda
e) When the accused admits the act or
omission charged in the complaint or
information but interposes a lawful
defense, the order of trial may be
modified.
What are the circumstances under which
the accused may file for the taking of
deposition of his witness?
(1) The witness is sick or infirm as to
afford reasonable ground for believing
that he will not be able to attend the
trial
(2) The witness resides more than one
hundred 100 kilometers from the place
of trial and has no means to attend the
same
(3) Other similar circumstances exist that
would make him unavailable or prevent
him from attending the trial
Instances where the witnesses for the
prosecution may be conditionally
examined:
1. Witness for the prosecution is too sick
or infirm to appear at the trial.
 2. Witness has to leave the Philippines
with no definite date of returning
• Note: The conditional examination of
prosecution’s witnesses can only be
done before the Court where the case
is pending (Vda de Manguera vs. Risos
563 SCRA 499)
May Rule 23 of the Rules on Civil Procedure be
applied in criminal cases?
• Under exceptional circumstances, such
as when the accused is detained in a
foreign country with no means to
testify before the court where the case
is pending, Rule 23 can be made
applicable in criminal cases (People v.
Sergio, G.R. No. 240053, October 9,
2019)
How to Secure Attendance of a Material
Witness (Sec. 14)
• When the court is satisfied, upon proof
or oath, that a material witness will not
testify when required, it may, upon
motion of either party order the
witness to post bail in such sum as
may be deemed proper Upon refusal to
post bail, the court shall commit him to
prison until he complies or is legally
discharged after his testimony has
been taken.
Discharge to Become a State Witness
(Sec. 17)
1. The prosecution shall file a motion.
2. The motion shall be filed before the
prosecution rests its case.
3. The court shall require the prosecution
to present evidence and the sworn
statement of each proposed witness
4. The Court shall conduct a hearing in
support of the discharge.
Requisites to become a State Witness:
1. Two or more accused are jointly
charged with the commission of an
offense
2. The motion for discharge is filed by the
prosecution before it rests its case
3. The prosecution is required to present
evidence and the sworn statement of
each proposed state witness at a
hearing in support of the discharge
82
4. The accused gives his consent to be a
state witness
5. The trial court is satisfied that:
a) There is ABSOLUTE NECESSITY for
the testimony of the accused whose
discharge is requested
b) There is NO OTHER DIRECT
EVIDENCE available for the proper
prosecution of the offense committed
except the testimony of said accused
c) The testimony of said accused can be
SUBSTANTIALLY CORROBORATED in its
material points
d) Said accused DOES NOT APPEAR to be
the MOST GUILTY and
e) Said accused has NOT AT ANY TIME
BEEN CONVICTED OF ANY OFFENSE
INVOLVING MORAL TURPITUDE
(Salvanera vs People, GR No. 143093, May
21, 2007)
• The order discharging the witness shall
amount to an acquittal of the
discharged accused and shall be a bar
to future prosecution for the same
offense, unless the accused fails or
refuses to testify against his co
accused in accordance with his sworn
statement constituting the basis for his
discharge.
Demurrer to Evidence
• It is filed after the prosecution rested
its case
• It is filed either with leave of court or
without leave of court
• If filed with leave of court and is denied
by the Court, the accused will still be
allowed to present evidence.
• If filed without leave of court and is
denied by the Court, the accused will
not be allowed to present evidence and
the case will be submitted for decision.
• The granting of demurrer to evidence
is tantamount to acquittal.
• Although the grant of a demurrer to
evidence amounts to an acquittal and
that the order of dismissal is not
subject to appeal, it may be reviewed
 thru certiorari (People vs
Sandiganbayan, August 5 2015)
• The order denying the motion for leave
of court to file demurrer to evidence or
the demurrer itself shall not be
reviewable by appeal or by certiorari
before judgment (Section 23 Rule 119)
• While Section 23 Rule 119 provides
that the order denying the motion for
leave of court to file demurrer to
evidence or the demurrer itself shall
not be reviewable by appeal or by
certiorari before judgment, the petition
can be entertained if the trial court (or
in this case the Sandiganbayan)
commits a grave abuse of discretion
amounting to lack or excess of
jurisdiction. (Macapagal-Arroyo v.
People, GR No. 220598, July 19 2016)
JUDGMENT (RULE 120)
• A judgment is an adjudication by the
court that accused is guilty/not guilty
of the offense charged.
Requisites:
1. Written in official language
2. Personally prepared by the judge
3. Signed by the judge
4. Contains the facts, issues and the law
based upon.
Contents of Judgment
Conviction:
1. Legal Qualification of Offense
2. Degree of Participation of the Accused
3. Penalty imposed on the accused
4. Civil liability for damages
5. If complex crime and only one offense
proven, the accused can be convicted
of offense proven.
Acquittal:
That evidence failed to prove guilt of accused
That the guilt of the accused was not proven
beyond reasonable doubt.
83
If the acquittal was based on reasonable
doubt, civil liability may still be adjudged.
(Lumantas v. Calapiz, GR No. 163753, January
15, 2014)
Promulgation of Judgment
• It is the official announcement of
court’s decision.
Requisites:
1. Done by a legally constituted court, by
a judge legally appointed.
2. The decision must be signed and
promulgated during incumbency of the
judge
3. Judgment is promulgated by reading it
in the presence of the accused and the
judge which rendered it.
Promulgation in Certain Instances:
• If judge is absent during promulgation,
the clerk or court may promulgate
judgment.
• If judgment was promulgated and it
was of conviction and accused was not
present, the accused loses all remedies
under the Rules of Court and the court
shall order his arrest.
• Accused may file motion for leave of
court to avail of these remedies.
Probation
• Probation- a disposition under which a
defendant, after conviction and
sentence, is released subject to
conditions imposed by the court and to
the supervision of a probation officer.
• Probation can only be availed of if the
penalty imposed is less than 6 years
imprisonment.
• Probation and appeal are mutually
exclusive. Availment of one precludes
the other.
• XPN: If the original judgment imposed
a penalty that is non-probationable
(more than 6 years) and on appeal, the
appellate court modified the penalty to
a probationable penalty, probation can
be applied for (Colinares v. People,
G.R. No. 182748, December 13, 2011;
Section 1, RA No. 100707)
Remedies of an accused against a judgment of shall be
conviction: taken
together with
1. Modification of judgment the other
2. Reopening of proceedings evidence
3. Motion for New Trial (MNT)
4. Motion for Reconsideration (MR)
5. Appeal the judgment • Fresh 15-day period rule in Neypes v.
CA, where parties are given a fresh 15
days to appeal the judgment after
denial of their MR or MNT, applicable in
NEW TRIAL OR RECONSIDERATION criminal cases (Judith Yu v. Samson-
(RULE 121) Tatad, GR No. 170979, February 9,
2011).

Grounds for MNT:

APPEALS (RULES 122-125)
1. Errors in law prejudicial to substantial
rights of the accused
2. Newly discovered evidence
• Effect of an appeal: Throws the whole
Grounds for Reconsideration: case wide open for review. So, the
appellate court may impose the proper
1. Errors of law and fact in the judgment.
offense even if not raised. (Salvador v.
Chua, G.R. No. 212865, July 15, 2015)
Requisites before a New Trial May be Granted
Where to appeal:
on Ground of Newly Discovered Evidence:
For cases decided Appeal to
1. Newly discovered evidence was
by
discovered after trial
First level courts RTC
2. Evidence could not have been
RTC CA or SC (if pure
discovered during trial despite due
questions of law)
diligence RTC/MTC (if Sandiganbayan
3. The newly- discovered evidence, if supposedly
admitted, could have altered the cognizable by SB,
results of the trial. but lacking
requirements)
Effects of Granting of MNT or MR: CA SC
• In general: Original Judgment is set SB SC
aside and new judgment will be
rendered. How To Appeal:
GROUND EFFECT ACTION OF Decided App Mode Period to
COURT by eal file
Errors of law All The court will to appeal
or proceedings allow MTC RTC Notice 15 days
irregularities shall be set introduction of from
during trial aside and of additional appeal promulga
taken aside. evidence. and tion of
Newly- Evidence Court shall servin judgment
discovered already allow g a
evidence adduced introduction copy If
shall stand, of such to MR/MNT
and newly evidence in advers filed,
discovered the interest e period to
evidence of justice.

84
 party file penalty is w
appeal is imposed
suspende (inapplica
d ble)
RTC CA Notice 15 days CA (not SC Petitio 15 days
(Original of from death n for from
Jurisdictio appeal promulga penalty, review notice of
n) and tion of RP, life) on judgment
servin judgment certior / final
g a ari order
copy If (Rule
to MR/MNT 45) Court
advers filed, may
e period to grant 30
party file day
appeal is extension
suspende ,
d (discretio
RTC CA Petitio 15 days nary)
(Appellat n for from CA (death SC Notice Automatic
e review promulga penalty, of Review
jurisdictio (Rule tion of RP, life) appeal
n 42) judgment

If Who may appeal:

MR/MNT
filed, • GR: Any party may appeal from a
period to judgment/final order
file • XPN: If the accused would be placed in
appeal is double jeopardy.
suspende • If judgment is of conviction, and
d accused fails to appear during
RTC Notice 15 days promulgation without just cause, he
where of from loses his remedy of appeal.
penalty appeal promulga • If accused flees after case is submitted
imposed and tion of for decision on appeal, his right to
is RP, life servin judgment
appeal is waived.
imprison g a
• Effect of erroneous mode of appeal: SC
ment, or copy If
may still decide the case.
where a to MR/MNT
lesser advers filed, • Decision if opinion of the Court is
penalty e period to equally divided: Acquittal
was party file • Effect of appeal of any of the several
imposed appeal is accused: Appeal taken by one of the
but suspende several accused should not affect those
arising d who did not file an appeal.
from the • XPN: If appealed judgment is of
same acquittal, even those who did not
occasion appeal will be benefitted.
which
gave rise
to the
graver SEARCH AND SEIZURE (RULE
offense 126)

RTC CA Autom No period

where atic to file
death Revie appeal Concept of a Search

85
 • Search Warrant - A search warrant is
an order in writing issued in the name
of the People of the Philippines, signed
by a judge and directed to a peace
officer, commanding him to search for
personal property described therein
and bring it before the court. (Sec. 1)
• Validity of a Search Warrant - A search
warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be
void. (Sec. 10)
• When Any Court May Issue Search
Warrant: In certain cases when no
criminal action has yet been filed, any
court may issue a search warrant even
though it has no jurisdiction over the
offense allegedly committed, provided
that all the requirements for the
issuance of such warrant are present.
(People v. Hon. Castillo, Sr., G.R. No.
204419, Nov. 7, 2016)
Requisites for a Valid Search Warrant
1. Probable cause is present (in
connection with one specific offense);
2. Such probable cause must be
determined personally by the judge;
3. The judge must examine, in writing
and under oath or affirmation, the
complainant and the witnesses he or
she may produce;
4. The applicant and the witnesses testify
on the facts personally known to them;
and
5. The warrant specifically describes the
place to be searched and the things to
be seized. (People v. Mamaril, G.R. No.
171980, Oct. 6, 2010)
• A search warrant must conform strictly
to the constitutional requirements for
its issuance; otherwise, it is void. (Diaz
v. People, G.R. No. 188794, Sept. 2,
2015)
Probable Cause
• Probable cause for a search warrant is
defined as such facts and
circumstances which would lead a
reasonably discrete and prudent man
to believe that an offense has been
committed and that the objects sought
in connection with the offense are in
the place sought to be searched. (Laud
86
v. People, G.R. No. 199032, Nov. 19,
2014)
• A finding of probable cause needs only
to rest on evidence showing that, more
likely than not, a crime has been
committed and that it was committed
by the accused. Probable cause
demands more than bare suspicion; it
requires less than evidence which
would justify conviction.
• Information received through text
message is not only hearsay evidence;
it is double hearsay. Thus, information
received through text message alone
cannot be basis for probable cause
(People v. Jerry Sapla, G.R. No.
244045, June 16, 2020).
Personal Determination by the Judge
• Probing and Exhaustive Examination:
In determining the existence of
probable cause for the issuance of a
search warrant, the examining
magistrate must make probing and
exhaustive, not merely routine or pro
forma examination of the applicant and
the witnesses. (Nala v. Barroso, G.R.
No. 153087, Aug. 7, 2003)
Personal Examination of the Complainant and
the Witnesses
• Affidavits are Insufficient: Affidavits of
the complainant and his witnesses are
insufficient to establish the factual
basis for probable cause. Personal
examination by the judge of the
applicant and his witnesses is
indispensable, and the examination
should be probing and exhaustive, not
merely routinary or a rehash of the
affidavits. (Diaz v. People, G.R. No.
188794, Sept. 2, 2015)
Facts Personally Known to the Applicant and
the Witnesses
• Testimony Must Not be Based on Mere
Hearsay: The testimony must be
within the personal knowledge of the
complainant or the witnesses he may
produce and not based on mere
hearsay. The applicant and the witness
must testify on their personal
 knowledge, not personal belief. (Nala
v. Barroso, G.R. No. 153087, Aug. 7,
2003)
Particularity of Description
• Test of Sufficiency: A description of a
place to be searched is sufficient if the
officer with the warrant can, with
reasonable effort, ascertain and
identify the place intended and
distinguish it from other places in the
community.
• Any designation or description known
to the locality that points out the place
to the exclusion of all others, and on
inquiry leads the officers unerringly to
it, satisfies the constitutional
requirement. (Laud v. People, G.R. No.
199032, Nov. 19, 2014)
Technical Precision of Description Not Required
• Technical precision of description is not
required. It is only necessary that
there be reasonable particularity and
certainty as to the identity of the
property to be searched for and seized,
so that the warrant shall not be a mere
roving commission.
• Indeed, the law does not require that
the things to be seized must be
described in precise and minute detail
as to leave no room for doubt on the
part of the searching authorities. If this
were the rule, it would be virtually
impossible for the applicants to obtain
a warrant as they would not know
exactly what kind of things to look for.
Any description of the place or thing to
be searched that will enable the officer
making the search with reasonable
certainty to locate such place or thing
is sufficient. (Worldwide Web
Corporation v. People, G.R. No.
161106, Jan. 13, 2014)
Mistake in the Name of the Person Does Not
Invalidate the Warrant
• A mistake in the name of the person to
be searched does not invalidate the
warrant, especially when the
authorities had personal knowledge of
the drug-related activities of the
87
accused. In fact, a "John Doe" warrant
satisfies the requirements so long as it
contains a descriptio personae such as
will enable the officer to identify the
accused. A mistake in the identification
of the owner of the place does not
invalidate the warrant provided the
place to be searched is properly
described. (People v. Tiu Won Chua,
G.R. No. 149878, July 1, 2003)
General Warrants are Void
• A general warrant is defined as a
search or arrest warrant that is not
particular as to the person to be
arrested or the property to be seized.
It is one that allows the seizure of one
thing under a warrant describing
another and gives the officer executing
the warrant the discretion over which
items to take. (Worldwide Web
Corporation v. People, G.R. No.
161106, Jan. 13, 2014)
• General warrants do not meet the
requirement in Art. III, Sec. 1, of the
Constitution, and of Sec. 3, Rule 126 of
the Revised Rules of Court, that the
warrant should particularly describe
the things to be seized. (Uy v. BIR,
G.R. No. 129651, Oct. 20, 2000)
Properties Subject to Seizure
• Not necessary that the property is
owned by the person against whom the
warrant is issued; sufficient if it is
within his control or possession.
1. Subject of the offense
2. Stolen or embezzled property and
other proceeds or fruits of the offense
3. Property used or intended to be used
as means for the commission of the
crime
Conduct of the Search
• Police may use force in entering the
dwelling if justified by Rule 126. Where
the occupants refused to open the door
when the searching party knocked
several times, and the agents saw
suspicious movements of the people
inside, it justified the searching party’s
 forcible entry (People v. Salanguit,
G.R. No. 133254-55, April 19, 2001)
WARRANTLESS SEARCHES
GR: All searches must have a warrant,
otherwise, the search is void.
XPNS:
1. Search incidental to lawful arrest
2. Search of a moving vehicle
3. Seizure in plain view
4. Customs search
5. Consented Search
6. Stop & frisk or Terry Search
7. Check points
8. Exigent and emergency circumstances
9. Searches conducted at airports
1. SEARCH INCIDENTAL TO A LAWFUL
ARREST
• The Rules of Court provides that a
person lawfully arrested may be
searched for dangerous weapons or
anything which may be used as proof
of the commission of an offense,
without a Search Warrant. (Rule 126,
Sec. 13).
• Purpose is to protect the officer from
being harmed by the person arrested
and to prevent him from destroying
evidence within reach.
Requisites:
1. Arrest precedes the search;
2. There is probable cause to effect
the arrest and the subsequent
search.
• When the arrest precedes the search,
the arresting officer must have seen
the overt act indicative of criminal
activity.
• However, if search precedes the arrest,
probable cause to do so is sufficient.
• Permissible area of search: Search
incidental to lawful arrest may extend
beyond the person of the arrested so
as to include the premises or
surroundings under his immediate
control. (People v. Tiu Won Chua, 405
SCRA 280; People v. Estella, 395 SCRA
553)
88
• Accused was searched and arrested
while transporting prohibited drugs
(hashish). A crime was actually being
committed by the accused and he was
caught in flagrante delicto. Thus, the
search made upon his personal effects
falls squarely under paragraph (1) of
the foregoing provisions of law, which
allow a warrantless search incident to a
lawful arrest (People v. Maelmstedt,
198 SCRA 401 [1991])
2. SEARCH OF A MOVING VEHICLE
• Carroll vs. United States 267 US
132 (1925): Carroll doctrine: a
vehicle could be searched without a
search warrant if there was
probable cause to believe that
evidence is present in the vehicle,
coupled with exigent circumstances
to believe that the vehicle could be
removed from the area before a
warrant could be obtained (People
vs. Tampis, 407 SCRA 582).
3. SEIZURE IN PLAIN VIEW
Requisites:
1. Prior valid intrusion – May be based on
the valid warrantless arrest where the
police are legally present in the pursuit
of official duties;
2. Evidence was inadvertently discovered
– Discovered by the police who have
the right to be there;
3. Evidence must be immediately
apparent – Illegality of the object is
immediately apparent. There exists a
nexus between the viewed object and
criminal activity. IOW, there is
probable cause to associate the
property with criminal activity;
4. “Plain view” justified the seizure
without any further search – “Plain
view” if the object is plainly exposed to
sight. Not in “plain view” if inside a
closed package, unless the package
proclaims its contents by its distinctive
configuration, transparency or if its
contents are obvious to an observer. If
the package is such that an
experienced observer could infer
prohibited articles from its appearance,
 then the article is deemed in plain
view.
• NOTE: Plain view not literally
exclusive to “view”, it may also
refer to smell, touch, etc. The
search is considered over when the
operatives are already making an
inventory.
• If the seized materials were not
illegal per se and were presented
as evidence in the case, you may
ask the court to order its release.
Prior to presentation of the case,
however, replevin may lie.
• The counterfeit nature of the seals
and stamps was not apparent and
established until after they have
been turned over to the Chinese
embassy and the Bureau of
Immigration for verification. Hence,
not considered as evidence in plain
view (People vs. Go, 411 SCRA 81)
4. CUSTOMS SEARCH
• Customs searches are allowed when
persons exercising police authority
under the customs law effect search
and seizure in the enforcement of
customs laws (Salvador vs. PP, July 15,
2005).
5. CONSENTED SEARCH
Requisites:
a. Right to be waived exists;
b. Person waiving has knowledge of such
right, actually or constructively; and
c. He/she has actual intention to
relinquish the right.
• Consent must be intelligently given and
voluntary. It must be shown by clear
and convincing evidence which the
State has the burden to prove.
Whether the consent was voluntary is a
question of fact, determined from the
totality of the circumstances.
• NOTE: Waiver must be given by the
person whose right is violated
• It is the State which has the burden of
proving, by clear and positive
testimony, that the necessary consent
was obtained and that it was freely and
89
voluntarily given (Valdez vs. People,
538 SCRA 611)
6. STOP AND FRISK (TERRY SEARCH)
Requisites:
a. Police officer should properly introduce
himself and make initial inquiries
b. Approach and restrain a person who
manifests unusual and suspicious
conduct to check the latter’s outer
clothing for concealed weapons
c. Search and seizure must precede the
arrest: Police officer must have a
genuine reason in accordance with his
experience and the surrounding
conditions, to warrant the belief that
the person to be held has weapons or
contraband concealed. In some cases,
the warrantless search and seizure
preceded the arrest was held valid by
the SC as it was effected on the basis
of probable cause (see Posadas v CA,
188 SCRA 288; People v Tangliben,
184 SCRA 220). However, it was not
termed by the SC strictly as “stop and
frisk”.
7. CHECKPOINTS
• Limited to visual search (People v.
Escaño, GR No. 129756-58, January
28, 2000);
2 kinds of Checkpoint search:
1. Mere routine inspection: Permissible
when it is limited to a mere visual
search or visual inspection
Search is limited to:
a. Officer merely draws aside the curtain
of a vacant vehicle parked on the
public fair grounds
b. Officer simply looks into a vehicle
c. Officer flashes a light therein without
opening the doors
d. Occupants are not subjected to a
physical or body search
e. Routine check is conducted in a fixed
area
2. Extensive search
 • Permissible only if the officers
conducting it had reasonable or
probable cause to believe, before the
search, that either the motorist is a law
offender or they will find the
instrumentality or evidence pertaining
to a crime in the vehicle to be searched
(e.g., when they receive confidential
reports from a reliable source or smell
marijuana in the vehicle)
8. EXIGENT AND EMERGENCY
CIRCUMSTANCES
• Where a warrantless search was
allowed where there was a prevailing
general chaos and disorder because of
an ongoing coup (People v. De Gracia,
233 SCRA 716).
9. ROUTINE AIRPORT SECURITY
PROCEDURE
• Under RA 6235, every ticket issued to
a passenger by the airline contains a
condition that the holder and his hand-
carried luggage are subject to search
and seizure of prohibited materials.
Holders refusing shall not be allowed to
board the aircraft. This condition
constitutes a contract between the
passenger and the airline (People v.
Suzuki, G.R. No. 120370, October 23,
2003; People v. Johnson, G.R. No.
138881, December 18, 2000).
PROVISIONAL REMEDIES IN CRIMINAL
CASES (RULE 127)
1. Preliminary Attachment (Rule 57)
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pindente Lite (Rule 61)
Preliminary Attachment, grounds for
issuance:
1. When accused is about to abscond the
Philippines
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2. When criminal action is based on a
claim of money for stolen or embezzled
property fraudulently misapplied or
converted for the use of the accused
(e.g., estafa)
3. When the accused has concealed,
removed, or disposed of his property or
is about to do so.
4. When accused resides outside the
Philippines.
• Attachment is issued ex parte.
• However, it may be implemented only
after acquisition of jurisdiction over the
person of the accused.
• The prosecutor has authority to apply
for attachment only to protect the
interest of the offended party.
• No notice to the adverse party is
required before a writ of preliminary
attachment can be issued. If such was
the requirement, the writ may be
rendered useless as the adverse party
could have time to hide the properties
which may be subject of the
attachment (Mindanao Savings and
Loan Association v. CA, G.R. No.
84481, April 18, 1989)
Preliminary Injunction:
GR: Injunction will generally not lie to restrain
criminal prosecution.
XPNS:
1. To protect constitutional rights of the
accused
2. Orderly administration of justice
3. Avoid oppression and multiplicity of
suits
4. Prejudicial question which is sub judice
5. Where the acts of the officers are
without or in excess of authority.
6. Prosecution is under an invalid law
7. There is double jeopardy involved
8. The court has no jurisdiction over the
offense
9. In cases of persecution rather than
prosecution
10. The charges are motivated by
vengeance
11. There is no prima facie case, and
motion to quash has been denied
 12. Where writ of preliminary injunction
was issued by SC to prevent unlawful
arrest of petitioners (Brocka v. Enrile).
13. To prevent the use of the strong arm of
the law in an oppressive and vindictive
manner.
Support Pindente Lite
Support in criminal cases:
• Only in cases of Rape, seduction,
abduction
• Only if civil case instituted in criminal
action.
• Restitution if person providing support
is not liable therefor.
III. APPEALS
RULE 41: APPEAL FROM RTC TO CA
b. An order denying a petition for relief or
any similar motion seeking relief from
judgment;
c. An interlocutory order;
d. An order disallowing or dismissing an
appeal;
e. An order denying a motion to set aside
a judgment by consent, confession or
compromise on the ground of fraud,
mistake or duress, or any other ground
vitiating consent;
f. An order of execution;
g. A judgment or final order for or against
one or more of several parties or in
separate claims, counterclaims, cross-
claims and third-party complaints,
while the main case is pending, unless
the court allows an appeal therefrom;
and
h. An order dismissing an action without
prejudice.

REMEDY
• An appeal may be taken from a
judgment or final order that completely • Since you cannot appeal the orders
disposes of the case. If that order does mentioned above, the remedy is to file
not dispose of the case with finality, it Certiorari under Rule 65.
is called an interlocutory order which is
not appealable. MODES OF APPEAL

FINAL ORDER INTERLOCUTORY 1. Ordinary Appeal

ORDER
One that finally One that determines • Refers to an appeal from the decision
disposes of a case, incidental matters of the RTC in the exercise of its original
leaving nothing more that does not touch jurisdiction. You can appeal it by a
to be done by the on the merits of the mere (1) notice of appeal. when it is an
Court in respect case or put an end to ordinary civil action; or (2) an appeal
thereto. the proceedings. by notice of appeal plus records on
Subject to appeal Proper remedy to appeal if it involves special proceedings
question an or multiple appeals.
improvident
interlocutory order is 2. Petition for Review under Rule 42
a petition for certiorari
under Rule 65.
• This is a mode of appeal from the
Must express clearly Not considered
decision of the RTC done in the
and distinctly the decisions or
facts and the law on judgments within the exercise of its appellate jurisdiction.
which it is based. constitutional The case originated in the Municipal
definition. Trial Court and it was appealed to the
Regional Trial Court.

No appeal may be taken from: 3. Appeal by Certiorari under Rule 45

a. An order denying a motion for new trial
• This is different from Rule 65. Here,
or reconsideration;
this is an appeal from the decision of
the RTC directly taken to the Supreme

91
 Court. The basis of the appeal is pure
question of law.
PERIOD OF APPEAL
1. Ordinary Appeal – 15 or 30 days
(Record on Appeal);
2. Habeas Corpus – 48 hours.
INTERRUPTION OF PERIOD TO APPEAL
• Interruption of period to appeal by
motion for new trial or motion for
reconsideration. No motion for
extension of time to file motion for new
trial or reconsideration is allowed.
(See: NEYPES v. CA, Sept. 14, 2005).
The fresh period rule shall apply to:
1. Rule 40 governing appeals from the
MTCs to the RTCs
2. Rule 41 governing appeals from the
RTCs to CA
3. Rule 42 on petitions for review from
the RTCs to the CA
4. Rule 43 on appeals from quasi-judicial
agencies to the CA, and
5. Rule 45 governing appeals by certiorari
to the SC
DOCKET FEE AND OTHER LAWFUL FEES
• Assuming that the Clerk of Court
accepts your notice of appeal despite
not having paid the docket fee, you still
have to pay it provided it is still within
the reglementary period to file the
docket fee. If beyond the reglementary
period, it is now the court’s discretion
whether to accept it or not.
CONTENTS OF NOTICE OF APPEAL
• Notice of Appeal – for ordinary civil
actions. All you have to do is to file a
Notice of Appeal that consists only of
one paragraph where you state the
date when you received the adverse
decision and you are not contented
with the decision. Hence, appeal to the
higher court.
Contents
1. Parties to the appeal
2. Judgment or final order or part thereof
appealed from
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3. Court to which the appeal is being
taken, and
4. Material dates showing the timeliness
of the appeal (Sec. 5, Rule 41)
RECORD ON APPEAL
• A Record on Appeal is a summary of all
that transpired in the RTC in relation to
that particular case. You have to
present in chronological form all of the
copies of pleadings, motions,
interlocutory orders issued by the court
that are related to the appealed
judgment or final order for the proper
understanding by the appellate court of
the issue involved in that particular
case. You have to reproduce the entire
records of the case.
• You attach the Complaint, the Answer,
the Reply, and all subsequent
pleadings filed until the appealed
decision is issued. You also incorporate
the orders and interlocutory orders
relative to the case. They are to be
presented in chronological order so
that the appellate court will have a
better understanding of the case.
When a Record on Appeal is Proper:
1. In cases with Multiple Appeals (e.g.,
expropriation cases)
2. In Special Proceedings
Contents of the record on appeal
1. Full names of all the parties to the
proceedings shall be stated in the
caption of the record on appeal
2. The judgment or final order from which
the appeal is taken and,
3. In chronological order, copies of only
such pleadings, petitions, motions and
all interlocutory orders as are related
to the appealed judgment or final order
for the proper understanding of the
issue involved,
4. Together with such data as will show
that the appeal was perfected on time.
[Sec. 6, Rule 41]
• Note: The requirement that the record
on appeal must show on its face that
 the appeal was perfected on time is
mandatory and jurisdictional that if not
complied with, the appeal must be
dismissed. [1 Regalado 563, 2010 Ed.]
• Exception: If the trial court issued an
order to the effect that the appeal was
seasonably perfected with the filing of
the notice of appeal and the record on
appeal within the reglementary period.
[Pimentel v. CA, G.R. No. L-39684
(1975)]
Approval of Records on Appeal
• Dean Monteclar: When you file an
appeal by Record on Appeal, you
submit a Record on Appeal with the
RTC for approval. You do not bring the
record right away to the CA. You file
your appeal with the RTC, the court of
origin. You will file a Notice of Appeal
and then a Record on Appeal, which is
practically a sort of reproduction of
records of the case before the court.
The appeal by Records of Appeal is
subject to the approval of the RTC.
If no objection within 5 days
• The RTC will require the other party to
make a comment on your appeal. After
the comment is made, the RTC will
decide whether the records are
complete and accurate before it will
grant the same.
• If no objection is made within 5 days
by the other party, the RTC will
approve the Record on Appeal.
Order Amendment to be complied within 10
days
• If there is an objection by the other
party arguing that the Record of Appeal
is not very accurate since there are
some orders or pleadings that were not
included in the Records of Appeal
submitted to the appellant because
apparently it was not favorable to him.
it is incumbent to the other party to
call the attention of the court that it is
not accurate.
• The court will order the appellant to
amend the Record on Appeal. That
order must be complied with within a
period of 10 days.
93
Joint Record on Appeal
• Joint Record on Appeal. — Where both
parties are appellants, they may file a
joint record on appeal within the time
fixed by Section 3 of this Rule, or that
fixed by the court.
Can you ask the court for an extension to file
the Records on Appeal?
• Yes. The court may extend the period
to file Records on Appeal but not the
Notice of Appeal.
Why?
• Because it is very easy to make the
Notice of Appeal. It is only one
paragraph. It is just composed of 1-3
sentences.
• But the records of appeal needs time to
prepare. 30 days may not be enough
to prepare the Records on Appeal.
• That is why you may ask the court for
an extension of time to file Records on
Appeal. Normally, the RTC will grant an
extension of time to file Records on
Appeal but not the Records on Appeal.
Perfection of Appeal
(a) As to appellant:
• Upon filing of Notice of Appeal
• This is in case of ordinary civil actions.
(b) Upon approval of Records on Appeal
• It is not upon the filing of Notice of
Appeal
(c) As to the other party (appellee):
• Upon his filing also of the Notice of
Appeal or the lapse of the period to
appeal.
Effect of Perfection of Appeal
• Effect of the perfection of an appeal:
The court loses jurisdiction over the
case.
• Once the appeal is perfected, the RTC
loses jurisdiction over the case, and
the jurisdiction is now transferred to
the CA.
 • Therefore, as a rule, the RTC could no
longer act on anything regarding the
case.
• Exception: Residual Jurisdiction
Residual Jurisdiction
Means that even if the court has already lost
jurisdiction by the perfection of appeal, it may
still do the following:
1. Issue protective orders;
2. Approve compromises;
3. Permit appeals of indigent litigants;
4. Order discretionary execution
• N.B. This can be done only if the
records of the case are still with the
trial court.
Dismissal of Appeal
• The trial court may motu proprio or on
motion dismiss the appeal on the
following grounds:
1. Appeal taken out of time
2. Non-payment of docket fee
• Dean Monteclar: The dismissal of the
appeal by non-payment of docket fee is
one of the grounds for the dismissal of
appeal under Rule 15 but the court is
given the discretion not to dismiss the
case and instead allow the parties to
file the correct amount of docket fee.
• But when the appeal is taken out of
time, normally the court is very strict
on this. It will dismiss the case because
compliance with the reglementary
period to perfect an appeal is
mandatory and jurisdictional.
RULE 45: APPEAL BY CERTIORARI TO
THE SUPREME COURT
SCOPE
• Decisions of the CA, CTA,
Sandiganbayan, and RTC;
• QUESTION OF LAW- Only question of
law may be raised to the Supreme
Court.
94
Except in Writs of:
a) Amparo
b) Habeas Corpus, and
c) Kalikasan.
Question of Law vs. Question of Fact
• Question of Law- A question of law
exists when there is a
doubt/controversy as to what the law
is on a certain state of facts. If the test
is whether the appellate court can
determine the issue raised without
reviewing or evaluation the evidence, it
is a question of law.
• Question of Fact- When the issue
involves a determination of whether or
not the facts as alleged by a particular
party is true or not. It involves the
calibration of the evidence presented
by the parties to the case. Normally,
the parties will differ in their
interpretation of what are the true
facts in the case. So the court will
determine what really are the facts.
The court will require the parties to
present evidence in support of their
respective claims.
• GENERAL RULE: Only question of law
may be raised to the Supreme Court.
The SC is not a trier or facts.
EXCEPTIONS:
1) When conclusion is a finding grounded
entirely on speculations, surmises or
conjectures.
2) When inference made is manifestly
mistaken, absurd, or impossible.
3) When there is grave abuse of discretion
in the appreciation of facts.
4) When the judgment is based on
misapprehension of facts.
5) When the findings of fact of the Court of
Appeals are conflicting.
6) When the Court of Appeals went beyond
the issues of the case and the same is
contrary to the admissions of both
parties.
7) When the CA manifestly overlooked
certain relevant facts not disputed by the
parties, which if considered would justify
a different conclusion.
 8) When the findings of fact of CA are 3. Failure to observe contents of petition
contrary to the trial court’s findings. and the documents (at least the
certified true copies or the duplicate
Certiorari under Rule 45 vs. Certiorari copies) that must accompany it.
under Rule 65
ADDITIONAL GROUNDS
RULE 45 RULE 65
Question of law. Grave abuse of 1. Appeal is without merit.
discretion 2. Prosecuted manifestly for delay.
Mode of appeal. Original action and is 3. Question is too unsubstantial
Review judgments on directed on
the merit. interlocutory
orders.
Must be made within Must be filed not later REVIEW IS DISCRETIONARY
reglementary period than 60 days
• A review is not a matter of right, but of
to appeal (15 days) from notice of
sound judicial discretion, and will be
judgment
Appeal stays Does not stay granted only when there are special
judgment, award or judgment unless a and important reasons therefore.
order appealed from TRO is issued
Reasons for the Court to Grant the Petition
by the court
Petition and Aggrieved party 1. When the court a quo has decided a
respondent are the against the lower question of substance, not theretofore
original parties. Lower court or quasi- judicial
determined by the Supreme Court, or
court judge not to agency and the
has decided it in a way not in accord
be impleaded prevailing party
with law;
Prior filing of a motion Filing of a motion for
for reconsideration reconsideration is a 2. When the court a quo has so far
not required condition precedent departed from the accepted and usual
Appellate court is in Higher court exercises course of judicial proceeding as to call
the exercise of its its original jurisdiction for an exercise of the power of
appellate jurisdiction and power of control supervision.
and power of review and supervision over
lower court • Dean Monteclar: The court can
outrightly dismiss your petition for
certiorari under Rule 45 in one
TIME TO FILE PETITION sentence. We call that minute
1. Within 15 days from receipt of the resolution.
judgment appealed from or from denial
of motion for reconsideration or new • General Rule - A decision of a court
trial; must contain a discussion on how the
2. Motion for extension may be granted court arrived on the conclusion. There
only for 30 days. should be findings of fact and a
• Note: The Neypes doctrine is also conclusion of law.
applicable to Rule 45 petitions. • Exception: The Supreme Court, being
the highest court of the land, can
PAYMENT OF DOCKET FEES outright dismiss a petition by way of a
minute resolution. When the Court
• Pay with docket fee with the Supreme does this, it means that the SC affirms
Court and with proof of service on the the decision of the lower court.
other party and the court.
Pleadings and Documents which may be
GROUNDS FOR DISMISSAL OF APPEAL Required; Sanctions
1. Failure to comply with the requirement SANCTION
regarding payment of docket and other
lawful fees, and deposit for cost;
2. Failure to show proof of service;

95
 • A REPLY is not mandatory but the
Supreme Court may require or allow
the petitioner to file a reply.
• For example, you file a petition or
appeal by certiorari to the SC
questioning the ruling of the CA. The
SC gave due course to your petition
and required the respondent to give his
comment or answer. After that, the SC
may require petitioner to file a reply to
the comment. If you don’t file a reply,
it would not result to the dismissal of
the petition because a reply is not
mandatory BUT if it is the SC who
ordered you to file a reply and you did
not obey, it would lead to the dismissal
of your appeal by certiorari. This is the
sanction.
DUE COURSE; ELEVATION OF RECORDS
• If the court finds that indeed there are
prima facie evidence of error
committed by the court a quo, the SC
will give due course to your petition. It
will issue an order giving due course to
your petition and thereafter order the
CA to elevate all your records to the SC
for appropriate review.
RULE APPLICABLE TO BOTH CIVIL AND
CRIMINAL CASES
• This is the only mode of appeal to the
SC EXCEPT in criminal cases where the
penalty imposed by the lower court is
death, reclusion perpetua, or life
imprisonment.
• If it is RP or life imprisonment, the
decision of the trial court can be
appealed to the SC by an ordinary
appeal, mere notice of appeal.
• When we had death penalty before, it
was an automatic review. (UP BOC
2020)
IV. ANNULMENT OF JUDGMENT (RULE 47)
RULE 47: ANNULMENT OF JUDGMENT
OR FINAL ORDERS AND RESOLUTIONS
Coverage (Sec. 1)
96
• The Court of Appeals may annul the
judgment of the RTC if the remedies of
new trial, appeal, petition for relief
from judgment or other remedies are
no longer available through no fault of
the petitioner.
• Dean Monteclar: This is the last
remedy available to a party who lost
the case because he was not able to
present his evidence – he was denied
in court. This remedy is the Annulment
of Judgment of the RTC by the Court of
Appeals.
• This petition falls under the exclusive
and original jurisdiction of the Court of
Appeals. It is exclusive because you
cannot file it in any other court. It is
original because you can commence it
only in the Court of Appeals.
• It is a continuation of the remedies
that were already provided in the Rules
under Rule 9 (Declaration of Default),
Rule 37 (New Trial or Reconsideration),
and Rule 38 (Petition for Relief).
FIRST REMEDY: Rule 9 – Declaration of
Default
• If you were not able to file your Answer
and thus declared in default by the
court – if the case is still pending, your
remedy is to file a motion to lift the
order of the court or a motion to set
aside the order of default. So that you
will be given the opportunity to present
your evidence.
SECOND REMEDY: Rule 37 – New Trial or
Reconsideration
• When you learn about the case AFTER
the trial court has rendered a judgment
by default, your next remedy is a
motion for new trial which you can
bring within the reglementary period of
15 days to appeal that judgment by
default.
THIRD REMEDY: Rule 38 – Relief from
Judgments, Orders, other Proceedings
• If the 15-day period has already
expired, and the judgment of default
has become final and executory, your
next remedy is a petition for relief from
judgment which you can avail of within
 60 days from knowledge of the
decision but not more than 6 months
from the entry of judgment.
FOURTH AND LAST REMEDY: Rule 47 –
Annulment of Judgment of the RTC
• What happens if you learn about the
case after 6 months from the time the
judgment has become final and
executory? What is your remedy? Your
last remedy is Rule 47 – Annulment of
Judgment of the RTC.
• When you file an annulment of
Judgment, it is necessary to state in
your petition that you were not able to
avail of the Petition for New Trial, or
you were not able to appeal, or avail of
Petition for Relief, or other remedies
through no fault of your own. IOW, you
knew only of the case for the first time
only AFTER the lapse of 6 months from
the time the judgment becomes final
and executory.
Grounds for Annulment (Sec. 2):
Two (2) Grounds for Annulment:
1. Extrinsic Fraud
2. Lack of Jurisdiction
• If the ground is extrinsic fraud, the
petitioner must allege that he failed to
avail of new trial, appeal, or petition
for relief through no fault of his own.
However, if the ground of lack of
jurisdiction is also included, then there
is no need to allege said condition
precedent. (Ancheta vs Ancheta, G.R.
No. 145370 March 4 2004)
Period to File Action (Sec. 3)
• There is a prescriptive period of filing
the action for annulment of judgment:
a. Extrinsic fraud – 4 years from
discovery of fraud
b. Lack of jurisdiction – before it
is barred by laches or estoppel
• Dean Monteclar: In the case of Tijam
vs Sibonghanoy, (23 SCRA 29 [1968])
the court applied the principle of laches
in the issue of lack of jurisdiction.
97
Contents of a Petition for Annulment of
Judgment (Sec. 4)
1. Verified petition in 7 copies
2. Affidavits of witnesses or documents
3. Certification of non-forum shopping
Action by the Court (Sec. 5)
• Should the court find no substantial
merit in the petition, the same may be
dismissed outright with specific reasons
for such dismissal.
• Should prima facie merit be found in
the petition, the same shall be given
due course and summons shall be
served on the respondent.
Effect if the court grants the annulment of
the judgment (Sec. 7)
It depends on the ground:
4. If the ground is Lack of jurisdiction –
judgment is set aside without prejudice to
refiling of the case If the defendant is able
to prove that he was really not served with
Summons, the entire proceeding will be
null and void but it will not prevent the
plaintiff from refiling the case. This time,
he must see to it that the sheriff will serve
the Summons properly on the defendant.
5. If the ground is extrinsic fraud – trial
de novo, as if a timely motion for new trial
is filed. The judgment will be vacated and
it is as if a new trial is granted by the
court. There will be a trial de novo as if a
timely motion for new trial is filed. The
defendant will be allowed to file his Answer
and present his evidence.
Suspension of Prescriptive Period (Sec. 8)
• The prescriptive period is suspended
when you file a petition for annulment
of judgment. If the court grants the
petition and the basis is lack of
jurisdiction, the plaintiff can still refile
the cases. However, if the basis of the
annulment is due to intrinsic fraud, the
court will allow trial de novo.
• Except: If the extrinsic fraud is
attributable to the plaintiff in the
original action – If the extrinsic fraud
was committed by the plaintiff, the
 suspension of the prescriptive period 6. Liquidated damages in contracts
will not apply. 7. Execution of barangay settlement.

Relief (Sec. 9) • Counterclaims and cross-claims are

• Judgment may include awards of allowed in small claims as long as they
damages, attorney’s fees and other are within the jurisdictional amounts
reliefs and order of restitution. • If engaged in business of banking or
lending, the plaintiff must state so.
Annulment of Judgment of MTC (Sec. 10) • The Statement of claim is filed by
creditor
• Annulment of judgment under Rule 47 • Summons is to be issued; response
refers to annulment of judgment of the must be filed by the defendant in 10
RTC and you file it with the Court of days.
Appeals. This rule will likewise apply to • The Court may dismiss the case
judgments of the Municipal Trial Courts outright if ground for dismissal is
(MTC). So you will file it to the next found.
higher court which is the RTC.
Prohibited Motions and Pleadings:
• If the judgment of the MTC is already
final and the period to file a petition for 1. Motion to dismiss, except if the
relief of judgment has already expired, ground is lack of jurisdiction.
you can still have the judgment of the 2. Bill of particulars
MTC vacated by filing a petition for 3. Motion for New Trial or Motion for
annulment of judgment before the Reconsideration
RTC. You apply the same procedure in 4. Petition for Relief from judgment
Rule 47. 5. Motion for Extension of time
6. Memoranda
7. Petition for certiorari, prohibition
and mandamus of interlocutory
V. SMALL CLAIMS orders
8. Motion to declare defendant in
default
SMALL CLAIMS CASES (SUMMARY) 9. Dilatory motions for postponement
10. Reply and Rejoinder
• Where claim does not exceed 300,000
11. Third party complaints
pesos (400,000 pesos in Metro Manila).
12. Interventions
Follow rule on jurisdiction as per BP
129.
• Personal appearance of parties is a
• N.B.: These jurisdictional amounts may
must.
no longer apply as per the amendment
• Lawyers are generally prohibited from
of BP 129 by RA No. 11576 expanding
appearing unless they are a party to
the jurisdictional amounts of the MTCs.
the case.
There is still no Supreme Court Circular
• Hearing to be conducted not more than
regarding the new amounts. But it is
30 days after filing of statement of
submitted, that the new amounts will
claims
apply (If claim is less than 2 million
• Finality of judgment- 24 hours after
pesos, cognizable by MTC; although
hearing
the author could be wrong hahaha)
• Judgment is final, unappealable and
Arising from Contract of: executory.

1. Loan
2. Lease
3. Services
4. Sale
5. Mortgage

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 Factum probans vs. Factum probandum
VI. EVIDENCE
• Factum Probans: Evidentiary fact;
materials evidencing the proposition;
CONCEPT OF EVIDENCE Fact by which the factum probandum is
to be proved.
• Evidence- It is a means sanctioned by
• Factum Probandum: The Ultimate fact;
these rules of ascertaining in a judicial
Proposition itself; the fact sought to be
proceeding the truth regarding a
established.
matter of fact (Rule 128, Sec. 1).
• One must adduce during trial the
• Truth refers to legal or judicial truth,
factum probans or the evidentiary facts
not the necessarily the actual truth.
by which the factum probandum or the
ultimate fact can be established (De la
Scope of application
Llana v. Biong, GR No. 182356,
• Rules of Evidence applicable only in December 4, 2013).
JUDICIAL PROCEEDINGS. Thus, the
technical rules on evidence do not Admissibility of Evidence
strictly apply in quasi-judicial or
• Admissibility of evidence- Admissible if
administrative proceedings such as the
relevant to the issue of the case and it
Labor Arbiter, the conduct of
is not excluded by the Constitution, the
preliminary investigation, or
law, or the Rules of Court.
investigations committed by the Office
• Admissibility- Concerned with
of the Ombudsman (Mayon Hotel v.
Competence and relevance.
Adana, G.R. No. 157634, May 16,
• Weight- Concerned with the ability to
2005; Shu v. Dee, G.R. 182573, April
convince and persuade the court.
23, 2014; Estrada v. Ombudsman,
• ADMISSIBILTY DOES NOT EQUATE
2015 G.R. No. 212140-41, January 21,
TO WEIGHT OF EVIDENCE.
2015).
• The Rules on Evidence can only apply
Competency vs. Relevancy
when there are FACTUAL ISSUES
involved in the case. If there are no
• Competency- Whether or not the
factual issues involved in the case, the
evidence is excluded by the
remedy is to avail of the remedies of
Constitution, the law, or the Rules of
Judgment on the Pleadings under Rule
Court.
34 or Summary Judgments under Rule
• Relevancy- tendency to establish a fact
35, as the case may be.
in issue.
• Material- if offered to prove a fact in
• The Rules on evidence shall be the
issue.
same in all courts, in all trials and
• Importance of formal offer- The Court
hearings.
cannot consider evidence that is not
• XPN: Otherwise provided by Law, the
formally offered.
Rules, and SC issuances
• Objection- made orally, after offer is
• The time of reckoning for evidence is
made.
the law in effect at the time the
• An objection to the statement of a
evidence is offered. The law in effect
witness for lack of formal offer must be
during trial.
made as soon as the witness begins to
• The rules on Evidence may be waived,
testify (Catuira v. CA, GR No. 105813,
except if waiver is against public policy.
Sept. 12, 1994).
• The grounds for objection must be
Proof vs. Evidence
specified.
• Proof: Result of evidence
• Evidence: Means to prove competent Constitutional exclusionary rules:
facts.

99
 Violation Consequence • GR: Evidence on collateral matters,
Unreasonable Inadmissible for any NOT ALLOWED.
searches and purpose in any • XPN: When it tends in any reasonable
seizure (Art. III, proceeding tendency to establish the probability or
Sec. 2, 1987 improbability of the fact in issue (Rule
Constitution) 128, Sec. 4)
Rights under Inadmissible against
custodial the accused, but
investigation, right may be used by the 1. Multiple admissibility- Where
against self- offended party evidence is relevant for 2 or more
incrimination (Art. against the violator. purposes (Uniwide Sales Realty v.
III, Secs. 12 and Titan Ikeda, G.R. No. 126619,
17, 1987
December 20, 2006).
Constitution)
2. Curative Admissibility- when
• An Extrajudicial Confession to be the court admits otherwise
admissible the same must be done incompetent evidence of adverse
in writing, done voluntarily, made party, the other party has the
with assistance of counsel, and right to also introduce
made expressly. incompetent evidence.

• Statutory exclusionary Rules: 3. Conditional Admissibility-

1. Lack of documentary stamp tax Evidence that was immaterial at
2. Against Anti-Wiretapping law the time of offer unless it is
connected to other facts that may
be subsequently proved, such
• The exclusionary rule in the Anti- evidence may be conditionally
wiretapping law also applies even if the admitted, provided that other
one who recorded was a party to the facts must be proved thereafter.
conversation (Ramirez v. CA, G.R. No.
93883, Sept. 28, 1995) 4. Cumulative evidence- evidence
• There has to be a law that renders the of the same kind and character as
evidence inadmissible (Ejercito v. already given which tend to
Sandiganbayan, G.R. No. 157294-95, support the proposition.
November 30, 2006)
5. Corroborative evidence-
Exclusions under the Rules and Court additional evidence of different
issuances: character.

1. Original Document Rule 6. Direct evidence- proves the fact

2. Hearsay in issue without any inference or
3. Offer of compromise (civil cases) presumption.
4. Electronic Evidence
5. Rules on Child Witnesses 7. Circumstantial evidence- Proof
6. Judicial Affidavit Rule of facts, which, taken collectively,
the existence of a particular fact
Relevancy of Evidence may be inferred.

• Evidence is relevant when related to

the fact in issue (Dean Torregosa: This Requisites to warrant a conviction based on
concerns itself with a matter of logic). circumstantial evidence:

1. There is more than one

Kinds of Evidence and Admissibility
circumstance;

100
 2. The facts from which the inferences
are derived are duly proven;
3. The combination of circumstances
is such as to produce a conviction
beyond reasonable doubt.
Burden of Proof vs. Burden of Evidence
and Presumptions (Rule 131)
BURDEN OF PROOF VS. BURDEN OF
EVIDENCE
• Burden of Proof- the duty of the
party to present evidence on the facts
in issue necessary to establish his
claim or defense by the amount of
evidence required by law. Burden of
proof never shifts (Rule 131, Sec. 1).
• Burden of evidence- duty of a party
to present evidence sufficient to
establish or rebut a fact in issue to
establish a prima facie case. Burden of
evidence may shift from one party to
the other in the course of the
proceedings, depending on the
exigencies of the case (Rule 131, Sec.
1).
• He who avers an affirmative fact has
the burden of proof.
• Burden of evidence is shifted to the
other party once one party has already
established the ultimate fact.
PRESUMPTIONS
• Presumptions are inferences to the
existence of a fact not actually known.
• Presumptions can only be based on
ascertained facts. It cannot be based
on other presumptions.
• When two presumptions are applicable,
the one with weightier policy
considerations shall apply.
• If two presumptions are inconsistent,
neither presumption applies.
• Presumptions are not allegations, nor
do they supply their absence.
Presumptions are conclusions. They do
not apply when there are no facts or
101
allegations to support them (University
of Mindanao Inc. v. Bangko Sentral ng
Pilipinas, G.R. No. 194964-65, January
11, 2016).
Conclusive Presumptions (Rule 131, Sec.
2)
• These presumptions are binding. They
do not allow contrary evidence.
1. A party is not permitted to falsify a
thing:
a. By his own declaration, act or
omission;
b. He deliberately led another to
believe that a particular thing is
true
c. To act upon such belief
d. The litigation arises from such act
or omission (Estoppel)
2. A tenant is not permitted to deny the
title of his or her landlord at the time
of the commencement of the relation
of landlord and tenant between them.
• The conclusive presumption between
landlord and tenant applies only if what
is being denied is the relationship at
the commencement, not the
relationship that existed after the
commencement (Ermitano v. Paglas,
G.R. No. 174436, January 23, 2013)
• Sources of conclusive presumption
other than the Rules of Court:
1. Conclusiveness of registration of
land titles after one year
2. Children born within the marriage
are considered legitimate
(Concepcion v. CA, G.R. No.
123450, Aug. 31, 2005)
Disputable Presumptions (Rule 131, Sec.
3)
• Disputable presumptions may be
overcome by contrary evidence, but if
not controverted and if allowed to
stand uncontroverted, it may be
sufficient to support a conclusion. In
criminal cases, it may be sufficient to
support a conviction.
Kinds of Disputable Presumptions:
a. That a person is innocent of crime or
wrong;
b. That an unlawful act was done with an
unlawful intent;
c. That a person intends the ordinary
consequences of his or her voluntary
act;
d. That a person takes ordinary care of
his or her concerns;
e. That evidence willfully suppressed
would be adverse if produced;
• For this presumption to apply the
Resuppression must be willful, meaning
it maliciously done not when it is done
pursuant to the exercise of a right.
Here the patient was merely exercising
her right, referring to the confidential
nature of the medical record. She
cannot be faulted for exercising her
right. That can hardly constitute willful
suppression (Blue Cross v. Olivares,
G.R. No. 169737, February 12, 2008).
• This presumption does not apply if the
evidence supposedly suppressed is
equally available at the disposal of all
the parties (People v. Padiernos, G.R.
No. L-37284, February 27, 1976).
f. That money paid by one to another
was due to the latter;
g. That a thing delivered by one to
another belonged to the latter;
h. That an obligation delivered up to the
debtor has been paid;
i. That prior rents or installments had
been paid when a receipt for the later
one is produced;
j. That a person found in possession of a
thing taken in the doing of a recent
wrongful act is the taker and the doer
of the whole act; otherwise, that things
which a person possess, or exercises
acts of ownership over, are owned by
him or her;
102
• One in possession of the stolen item is
presumed to be the taker as the doer
of the entire thing. (People v.
Newmann, G.R. No. L-45354, July 26,
1988)
• NOTE: There is also a presumption of
ownership. As between the two, the
presumption of ownership prevails. The
possessor is not required to file an
action for replevin as she could have
stood her ground and refuse turning it
over to the police consistent with the
presumption of ownership. (Edu v.
Gomez, G.R. No. L-33397, June 22,
1984).
k. That a person in possession of an order
on himself for the payment of the
money, or the delivery of anything, has
paid the money or delivered the thing
accordingly;
l. That a person acting in a public office
was regularly appointed or elected to
it;
m. That official duty has been regularly
performed;
n. That a court, or judge acting as such,
whether in the Philippines or
elsewhere, was acting in the lawful
exercise of jurisdiction;
o. That all the matters within an issue
raised in a case were laid before the
court and passed upon by it; and in
like manner that all matters within an
issue raised in a dispute submitted for
arbitration were laid before the
arbitrators and passed upon by them;
p. That private transactions have been
fair and regular;
q. That the ordinary course of business
has been followed;
r. That there was a sufficient
consideration for a contract;
s. That a negotiable instrument was given
or indorsed for a sufficient
consideration;
t. That an endorsement of negotiable
instrument was made before the
 instrument was overdue and at the
place where the instrument is dated;
u. That a writing is truly dated;
v. That a letter duly directed and mailed
was received in the regular course of
the mail;
w. That after an absence of seven years,
it being unknown whether or not the
absentee still lives, he is considered
dead for all purposes, except for those
of succession.
• The absentee shall not be considered
dead for the purpose of opening his or
her succession until after an absence of
ten years. If he or she disappeared
after the age of seventy-five years, an
absence of five years shall be sufficient
in order that his or her succession may
be opened.
• This presumption must yield to
preponderance of evidence. If the heirs
of the deceased can prove by
preponderance of evidence that a
person has already died, this
presumption cannot apply (Eastern
Shipping Lines v. Lucero, G.R. No. L-
60101, August 31, 1983; Victoria
Shipping v. Workmen’s Compensation
Commission, G.R. No. L-9268,
Presumptions
November 28, 1959).
disappearance regarding marriage:
Presumptions Regarding Death
1. Presumption of simultaneity in
death- When two or more persons
who are called to succeed each other,
die, they shall be presumed to have
died at the same time.
2. Presumption of Survivorship- In
survivorship, when two persons perish
in a calamity, like wreck, conflagration,
or battle, and it cannot be determined
as to who of them died first, from the
circumstances; the survivorship is
determined by the probabilities arising
from the ages and the sexes of the
parties subject to the following rules:
• Both less than 15 years old: Older is
deemed to have survived.
103
• Both more than 60 years old: Younger
is deemed to have survived.
• One is less than 15, other is more than
60: The one less than 15 is deemed to
have survived.
• Both less than 15 or Both over 60, of
different sexes: The male is deemed to
have survived. If they are both of the
same sexes, the older person is
deemed to have survived.
• Less than 15 or over 60 and a person
between those ages of 15-60: The
person between 15-60 is deemed to
have survived.
• TAKE NOTE: Ages are relevant only if
the purpose is other than succession
because the rule applicable is
presumption of survivorship.
• Dean Torregosa: So, if the issue as to
who died first arises from contract,
apply survivorship; the ages of the
parties matter. But if the issue is
about succession, whether one can
inherit from the other, the rule
applicable is simultaneity in death; the
ages of the parties are irrelevant.
• In other words, these ages are
irrelevant if what is being talked about
is successional right. Apply
simultaneity of deaths.
regarding absence or
• If the disappearance is under ordinary
circumstances- Absence of 4 years is
sufficient.
• If the disappearance was in danger of
death- Absence of 2 years is sufficient.
• If remarriage is sought, and the spouse
cannot be found within these periods,
there must still be a declaration of
presumptive death for the parties to
marry (Art. 42, Family Code).
x. That acquiescence resulted from a
belief that the thing acquiesced in was
conformable to the law or fact;
y. That things have happened according
to the ordinary course of nature and
ordinary nature habits of life;
• Normalcy is presumed, things happen
normally in the course of nature. You
don’t need to presume that something
is normal because normalcy is
presumed. It is incumbent upon the
party who claims otherwise to prove
abnormality. (Reyes v. BPI, G.R. No.
157177, February 11, 2008; Atienza v.
Board of Medicine, G.R. No. 177407,
February 9, 2011).
z. That persons acting as copartners have
entered into a contract of co-
partnership;
aa. That a man and woman deporting
themselves as husband and wife have
entered into a lawful contract of
marriage;
bb. That property acquired by a man and a
woman who are capacitated to marry
each other and who live exclusively
with each other as husband and wife
without the benefit of marriage or
under void marriage, has been
obtained by their joint efforts, work or
industry.
cc. That in cases of cohabitation by a man
and a woman who are not capacitated
to marry each other and who have
acquired properly through their actual
joint contribution of money, property
or industry, such contributions and
their corresponding shares including
joint deposits of money and evidences
of credit are equal.
dd. That if the marriage is terminated and
the mother contracted another
marriage within three hundred days
after such termination of the former
marriage, these rules shall govern in
the absence of proof to the contrary:
ee. That a thing once proved to exist
continues as long as is usual with
things of the nature;
ff. That the law has been obeyed;
gg. That a printed or published book,
purporting to be printed or published
by public authority, was so printed or
published;
104
hh. That a printed or published book,
purporting contain reports of cases
adjudged in tribunals of the country
where the book is published, contains
correct reports of such cases;
ii. That a trustee or other person whose
duty it was to convey real property to a
particular person has actually conveyed
it to him or her when such presumption
is necessary to perfect the title of such
person or his or her successor in
interest;
jj. That except for purposes of succession,
when two persons perish in the same
calamity, such as wreck, battle, or
conflagration, and it is not shown who
died first, and there are no particular
circumstances from which it can be
inferred, the survivorship is determined
from the probabilities resulting from
the strength and the age of the sexes,
according to the following rules:
kk. That if there is a doubt, as between
two or more persons who are called to
succeed each other, as to which of
them died first, whoever alleges the
death of one prior to the other, shall
prove the same; in the absence of
proof, they shall be considered to have
died at the same time.
• Presumptions in civil cases-
Presumption imposes on a party the
burden of presenting evidence to rebut
the presumptions.
• Presumptions cannot be based on
another presumption. There must be
facts to derive to form such a
presumption.
• If presumptions are inconsistent, the
presumption with weightier policy
considerations shall apply.
• Presumptions in criminal cases- The
existence of the basic fact consisting
the presumption must be proved
beyond reasonable doubt.
Weight and Sufficiency of Evidence (Rule
133)
1. Proof Beyond Reasonable Doubt-
Quantum of Evidence in Criminal cases.
 • Only moral certainty is required, and
not absolute certainty.
2. Preponderance of Evidence- Quantum
of Evidence in Civil Cases, concerns itself
with the greater weight of evidence.
• Factors to consider in determining the
preponderance of evidence:
1. Facts of judicial notice
2. Judicial Admissions
3. Conclusive Presumptions
Matters of Judicial Notice:
• Judicial Notice- Matters that Judges
must take notice of, or take cognizance
of certain facts.

a. The facts and circumstances of the • When mandatory:

case; 1. The Existence and territorial extent
b. The witnesses’ manner of of States;
testifying; 2. Their political history, symbols of
c. The number of witnesses (although nationality, forms of government;
preponderance is not necessarily 3. The Law of nations;
with the greater number)
• Dean Torregosa: This pertains to
the principles of International
3. Substantial Evidence- Quantum of Law. Judges cannot take judicial
evidence in Administrative and quasi- notice of foreign laws. Such must
judicial bodies be duly proven.
• It is that amount of evidence that is 4. The admiralty and maritime courts
sufficient to justify a conclusion in the of the world;
mind of a reasonable person. 5. The political constitution and
history of the Philippines;
(e.g., Amparo and habeas data) 6. Official acts of the legislative,
4. Clear and Convincing Evidence- More executive, and judicial departments
than preponderance, less than proof of the NATIONAL GOVERNMENT
beyond reasonable doubt. of the Philippines;

Instances where clear and convincing evidence • Dean Torregosa: This now
is needed: excludes the taking of judicial
notice of local ordinances (Social
1. Bail in extradition cases; Justice Society v. Atienza, G.R.
2. In overturning presumptions; No. 156052, Feb. 13, 2008)
3. To substantiate defenses of denial;
4. To prove justifying circumstances; 7. The laws of nature;
5. Prove Bad Faith or fraud; 8. The measure of time;
6. Evidence to pierce the veil of corporate 9. The geographical divisions.
fiction;
7. Invocation of alibi. Judicial Notice, When discretionary

Hierarchy of quantum of evidence: 1. In matters of public knowledge;

2. Matters capable of unquestionable
1. Proof beyond reasonable doubt determination;
2. Clear and convincing evidence 3. Matters that judges ought to know
3. Preponderance of evidence by reason of their judicial
4. Substantial evidence. functions.

JUDICIAL NOTICE AND JUDICIAL Requisites:

ADMISSIONS (RULE 129)
1. Common and general knowledge
What need not be proved: 2. Authoritatively settled

105
 3. Known within the limits of the
jurisdiction of the court.
• Dean Torregosa: Judicial notice is not
judicial knowledge. The mere personal
knowledge of the judge is not
knowledge of the court.
• Courts may conduct a hearing on the
propriety of taking judicial notice of a
particular matter.
• During pre-trial or trial, the court,
motu propio or upon motion, shall hear
the parties on the propriety of taking
judicial notice of any matter. (Rule
129, Sec. 3).
• Courts take judicial notice of its own
acts in the same case (Republic v. CA,
277 SCRA 633)
• Courts must take judicial notice of the
records of its own acts in the same
case.
• Courts are not authorized to take
judicial notice of other cases even if
such cases are tried or pending in the
same court. (Land Bank of the
Philippines v. Yatco Agricultural
Enterprises, G.R. No. 172551, January
15, 2014)
• XPN:
1. Specific reference to the said case
2. Removal of specific case from the
archives and admitting it as part of
the case.
• Courts may also take judicial notice of
proceedings in other cases because of:
1. Close connection with matter in
controversy
2. Determination of mootness in the
case
3. Res judicata on a current case
before the court.
Judicial Admissions
1. May be oral or Written
2. Made by a party to the case
3. Made in the course of the proceedings
in the same case.
• Judicial admissions may be made in:
1. Pleadings
106
2. In the course of the trial; other
stages in the case.
• Note: Admissions made by a party
pursuant to a request for admission is
for the purpose of the pending action
only (Rule 26, Sec. 3).
• In criminal cases, all admissions or
agreements made during pre-trial must
be in writing and signed by the accused
and his counsel, otherwise, it is
inadmissible against the accused.
• In the civil aspect, it may be admissible
against any other party.
• Adoptive admission- A party’s reaction
to a statement or action by another
person when it is reasonable to treat
the party’s reaction as an admission of
something stated or implied by the
other person (Estrada v. Desierto G.R.
No. 146710-15, April 3, 2001).
Effect of Judicial Admissions
• Judicial Admissions do not require
proof.
• Admissions made in superseded
pleadings must be offered in evidence
(Rule 10, Sec. 8).
• Party who admits a thing cannot later
withdraw such admission.
How Judicial Admissions may be contradicted
1. Mad through palpable mistake;
2. Prove that implied admission was
in fact, not made.
3. Admissions against interest, it
binds the person who makes the
same.
4. Admissions made in a pleading can
still be corrected if the pleading is
subsequently amended.
5. Stipulations of facts in pre-trial
constitute judicial admissions.
OBJECT EVIDENCE
• Object Evidence- Those addressed to
the senses of the court.
Requisites for admissibility
 1. Relevant;
2. Authenticated;
3. Formally offered.
• Authentication must be done by a
competent witness.
Categories of Object Evidence
• Actual physical evidence
1. Unique Objects= those with readily
identifiable marks (e.g., gun with a
serial number)
2. Objects made unique= objects with
no unique characteristics but are
made readily identifiable by law
enforcers. (e.g., shabu with initials
of police officer who confiscated it.)
3. Non-unique objects= Objects with
no identifying marks (e.g., narcotic
substances, body fluids)
• Demonstrative evidence- those which
represent the actual objects such as
pictures or videos
• Pictures and videos are admissible if:
1. Shown to the court
2. Identified and authenticated by
person making the recording or by
some other person competent to
testify to the accuracy thereof.
Chain of custody in Drugs Cases (Sec. 21,
RA No. 9165, as amended)
• The whole process of authenticating
illegal drugs rests in Sec 21 RA 9165
as amended by RA 10640.
1. Seizure and marking
• The seizing or the apprehending officer
is required to mark the seized illegal
drugs at the place of seizure
immediately after the seizure. The rule
employs the terminology “immediately
after the seizure” which means place of
seizure itself.
• XPN: For justifiable reasons, marking
may be done somewhere else: nearest
police station or at the nearest office of
the apprehending officer, whichever is
most practicable. Remember, not just
anywhere.
107
2. Required witnesses during seizure,
marking, inventory and photographing
• The witnesses required are:
a. The accused or his representative or
counsel;
b. An elected public official;
c. Representative from DOJ OR media.
• The rule now is, that three third party
witnesses should be present not only
during the inventory and photograph
taking but also during the seizure and
marking of the seized illegal drugs. The
reason why the presence of the third-
party witnesses is needed under the
law is to prevent planting, substitution
and contamination of illegal drugs
(People v. Larry Mendoza, G.R. No.
192432, June 23, 2014; People v.
Joshua Que, G.R. No. 212994, January
31, 2018).
3. Physical Inventory
• The received physical inventory should
be documented, there has to be a
physical inventory sheet detailing all
the seized illegal drugs recovered from
the suspect, describing them in details,
like the marking trace of each and
every sachet of shabu, kilos of shabu,
and the likes. So, the physical
inventory sheet will prove that an
inventory of the seized illegal drug is
actually made. The 3 witnesses
required must be required to sign the
inventory AND they must also receive a
copy of such inventory.
• Recording of barangay blotter is not
enough and is not a substitute for the
conduct and giving of copy of the
physical inventory (People v.
Manansala, G.R. No. 229092, February
21, 2018).
4. Photograph of the seized items
• The law only requires the photographs
of the seized item. But to make sure
that the seized items are the very
items photographed, a particular police
operation and recovered from that
particular suspect, the practice is, to
include everyone present in the
photograph. You have the photo of the
 seized items and photos that show the DNA Evidence
presence of those people during the
operation.
• GR: Sec. 21 of RA 9565 should be
strictly complied with.
• XPN: If not strictly complied with,
apply the substantial compliance rule
Requisites:
1. The police officer of the prosecution shall
admit that there is non-compliance;
2. They should offer a justifiable reason for the
non- compliance.
Links in the Chain of Custody involving
illegal drugs:
1. Seizure of the apprehending or seizing
officer;
2. Turnover of the illegal drugs by the
apprehending officer to the investigating
officer;
3. Turnover of the illegal drugs by the
investigating officer to the chemist/crime
laboratory to determine the contents of the
substance;
4. Turnover or submission of the illegal drugs
by the chemist to the court.
• If the illegal drugs come to the hands
of people who are not mentioned
above, the link is broken.
Illustration:
Rules on evaluation of Reliability of DNA
• Accused to Apprehending officer;
Testing Methodology:
Apprehending officer to Investigating
Officer; Investigating Officer to
Forensic Chemist; Forensic Chemist to
Court.
Effect if section 21 which requires the process
of authentication is not sufficiently complied
with
• Jurisprudence has said it that failure to
DOCUMENTARY EVIDENCE
comply with section 21 which is a
process of authentication merely
affects the weight and sufficiency of
the evidence. So, it is a concern of the
test of weight and sufficiency.
108
• DNA evidence- constitutes the totality
of the DNA profiles, results, and other
genetic information directly generated
from DNA testing of biological samples.
• Court may order DNA testing motu
propio or by motion.
Requisites:
1. A sample exists
2. It was not subjected to previous
tests or tests need further
confirmation
3. The methods used are scientifically
valid
4. The DNA testing has potential to
produce new information relevant
to the case.
5. Existence of other factors that
would affect the integrity and
accuracy of DNA testing.
• DNA Testing may be availed of as a
post-conviction remedy if the testing
would probably result in the reversal or
modification of the conviction (Sec. 6,
Rule on DNA Evidence).
• If DNA Evidence is favorable to the
accused, remedy is habeas corpus
• Factors to consider in probative value
of DNA Tests:
1. Chain of custody
2. Testing methodology
3. The reputation of the testing
laboratory
4. The reliability of the testing results.
1. LESS THAN 99.9%-
CORROBORATIVE evidence of
paternity
2. GREATER THAN OR EQUAL TO
99.9% - DISPUTABLE
presumption of paternity.
• Consists of recordings, photographs, or
any material containing letters, words,
sounds, numbers, figures, symbols or
their equivalent, or other modes of
 written expressions offered as proof of
their contents.
Requisites for Admissibility
a. Relevant
b. Authenticated by a competent witness
c. Formal offer
Original Document Rule (ODR)
• When subject of the inquiry are the
contents of the document, only the
original is admissible.
• ODR, only applicable in documentary
evidence.
• Original- The document itself or any
counterpart includes negative or any
print therefrom.
• Printout, also considered as original.
• Duplicate and photocopy, also original.
• Duplicate is admissible to the same
extent as the original.
XPNS:
1. Genuine question is raised as to its
authenticity
2. Unjust to produce the duplicate
over the original.
• Dean Torregosa: Carbon copies now
considered as original under the New
Rules.
Secondary evidence, when available
1. When original is unavailable
a. Original is lost or destroyed;
b. Proof as to its execution
c. No bad faith on offeror’s part
• What to present to prove contents
1. A copy (What is the meaning of
copy? Doubtful under 2019 Rules)
2. A recital of its contents in some
authentic document
3. The testimony of witness
• In order that secondary evidence may
be admitted, the following must be
complied with:
1. Due execution of original
109
2. Loss/destruction of all originals
3. Good faith to produce all the
original.
• The correct order of proof is Existence,
execution, loss, contents
How to prove due execution
Testimony of:
1. Person who saw the document
executed;
2. Person to whom it was
acknowledged;
3. Any person who saw it executed.
When secondary evidence allowed (Exceptions
to the ODR):
1. When original is lost or destroyed,
or it cannot be produced in court,
without bad faith on the part of the
offeror.
• Dean Torregosa: Only when all
originals are lost and destroyed can
secondary evidence be admitted.
2. When original is in the hands of
adverse parties and it cannot be
obtained by judicial processes
(EDSA Shangrila v. BF Corporation,
G.R. No. 145842, June 27, 2008)
3. When the contents of the
documents, records, photographs,
or numerous accounts are
voluminous and cannot be
examined in court without great
loss of time, and the fact sought to
be established is the general result
of the whole.
• What to present: Charts, summary of
the contents of such evidence.
• It must be made available for
examination by the other party.
(Compania Maritima v. Allied Free
Union Workers, 77 SCRA 24 [1977])
4. When original is in the custody of a
public officer
 • How to prove: Get a certified copy by
such public officer.
5. When original is outside the
jurisdiction of the court.
Electronic Evidence
• Applicable whenever electronic data
message is available in evidence.
• Electronic evidence is evidence, the use
of which sanctioned by the rules on
evidence of ascertaining in a judicial
proceeding the truth regarding a
matter of fact, which evidence is
received, recorded, transmitted,
stored, processed, retrieved, or
produced electronically.
• Electronic signature- any distinctive
mark in electronic form representing
the identity of a person.
• An e-signature includes digital
signature.
• Ephemeral electronic communication-
Must not be retained or recorded
(Fading message)
• Ephemeral communication includes
text messages (People v. Enojas, G.R.
No. 204894, March 10, 2014).
Ephemeral electronic communications, proved
by the testimony of:
1. A person who was a party to the same;
2. A person who has personal knowledge
thereof (People v. Enojas, G.R. No.
204894, March 10, 2014).
Factors to consider in assessing the evidentiary
weight of electronic evidence:
1. Reliability of storage;
2. Reliability of identification of originator;
3. Integrity of information;
4. Familiarity of witnesses who made the
entry;
5. Nature and quality of the information;
6. Other factors affecting the integrity of the
evidence
110
• Burden of proof in authenticating
electronic evidence: Person seeking to
introduce electronic evidence must
prove its authenticity.
Manner of authentication:
1. Digitally signed by the person;
2. Other appropriate security measures;
3. Other evidence to prove integrity.
• Electronic documents and the hearsay
rule: Hearsay does not apply to
electronic documents as long as it is
testified to by the custodian and other
witnesses.
Parol Evidence Rule (PER)
• PER only applicable to WRITTEN
AGREEMENTS. If oral agreement, PER
not applicable.
• PER is only applicable to contracts. If
not a contract, such as a receipt, PER
not applicable (Cruz v. Court of
Appeals, 192 SCRA 209 [1990])
• PER dictates that no other evidence
other than the written agreement is
applicable.
• PER does not also apply if one of the
parties to the suit is not a party, or a
privy or a successor-in-interest to the
written agreement (Victoria Lechugas
v. Court of Appeals, G.R. No. L-39972,
August 6, 1986; Heirs of Parces v.
Heirs of Ygona, G.R. No. 174719, May
5, 2010).
• If the agreement is independent of the
written agreement, PER does not apply
and evidence aliunde may be admitted
to prove the other agreement
(Collateral agreement rule) (Robles
v. Lizarraga Hermanos, G.R. No.
26173, July 13, 1927).
• GR: With respect to written
agreements, no other evidence is
admissible as between the parties,
their privies, or their successors-in-
interest, other than the contents of the
written agreement.
 • Exceptions: Parties may present
evidence to modify, explain or add to
the terms of a written agreement if
such is placed in a VERIFIED
pleading: (The 2019 Amended Rules
now require that if parties seek to
invoke an exception to the PER, that
their arguments should be placed in a
verified pleading)
1. Intrinsic Ambiguity, mistake or
imperfection in the written agreement
(Palanca v. Wilson & Co., 37 Phil. 506
[1918]).
2. The failure of the agreement to express
the true intent of the parties (Ramos v.
Enriquez, G.R. No. L-18077,
September 29, 1962).
3. The validity of the written agreement.
• Take note: The operation of the PER is
founded on an existing, valid contract.
So, if the written agreement is alleged
to be invalid, PER will not apply and
extraneous evidence tending to prove
the invalidity of the written agreement
is admissible. (Ureta v. Ureta, G.R. No.
165748, September 14, 2011).
4. The existence of other terms agreed
upon the parties and their successors-
in-interest subsequent to the written
agreement (Canuto v. Mariano, 37 Phil.
840 [1918]).
Authentication and Proof of Documents
How to authenticate private documents
1. Anyone who saw the document
executed;
2. Evidence of genuineness of
handwriting
3. Other evidence showing its due
execution or authenticity.
When evidence of authenticity of a private
writing not required:
1. Ancient document rule- when
document is more than 30 years
old, and produced in a place where
it would be naturally found if
genuine.
2. Reply-communication rule
3. Doctrine of self-authentication
111
• Handwriting of a person may be
testified to by the opinion of an
ordinary witness.
• Public documents are prima facie
evidence of facts stated therein.
Proof of official record referred to is Rule 132,
Sec.19 (a) and (c)
1. Official publication thereof;
2. Copy attested to by the officer having
custody of the record;
a. If record is not kept in the Philippines,
accompany with certification that such
officer has custody.
b. If foreign country is a contracting party
to a treaty or convention to which the
Philippines is also a party, the certificate
shall be in the form prescribed therein,
subject to reciprocity.
c. If not a contracting party, certificate
made by any foreign service officer
where the record is kept.
Attestation of a copy of a document or record:
1. Correct copy
2. Under official seal of attesting officer.
Public record of private documents:
1. By original record; or
2. By a copy thereof, attested by legal
custodian of the record, with a certificate
that such officer has custody.
• Proof of lack of record: Written
statement/ certificate accompanied by
statement of officer having custody
• How a judicial record is impeached:
Establish: Want of JD; Collusion
between parties; Fraud in the party
offering the record.
• Alterations in a document: Party who
presents an altered document must
account for its alteration, otherwise,
inadmissible.
• Documentary evidence in an unofficial
language: Must be translated to
English or Filipino.
TESTIMONIAL EVIDENCE
 • Witness- any person who can perceive Total prohibition on Prohibition limited
and make his perception known to any testimony to matters of
others. confidential
• Witnesses’ testimony, generally limited communication.
to personal knowledge.
• Witness must be under oath. 2. Attorney-client
• Convicted witnesses are not
disqualified to be a witness, but their
conviction may affect the WEIGHT of • Includes people reasonably believed to
their testimony. be licensed to practice law.
• Interest only affects WEIGHT, not • Includes assistants of the lawyer.
admissibility. • Subject matter of the privilege:

Marital Disqualification Rule: a. Communications

b. Observations by the lawyer
c. Documents or evidence given to
Elements: the lawyer.

1. Existence of a valid and existing XPNS:

marriage;
2. Other spouse is a party to the action;
3. The spouse testifies without consent of a. Furtherance of crime or fraud
affected spouse.
• Services of the lawyer were sought
• If marital relations are strained, the to be obtained.
marital disqualification rule no longer • To be able to commit a fraud or a
applies. (Alvarez v. Ramirez G.R. No. crime
143439, October 14, 2005)
• Made in furtherance of crime or
PRIVILEGED COMMUNICATION RULE fraud. This is an offshoot of People
(SEC. 24, RULE 130) v Sandiganbayan, G.R. No.
115439-41, July 16, 1997, where
1. Husband and Wife Congressman Paredes w lawyer
suggested they falsify some court
records. Lawyer became state
• Purpose: To preserve marital harmony
witness. Objected to on the ground
of private communication.
Elements:
• SC said that it only involves
legitimate professional
1. There are spouses; engagement. Only future crime or
2. During or after marriage;
fraud.
3. One of the spouses is a party in the
case;
4. The spouse cannot be examined b. Claimants through the same
without consent of the other spouse;
deceased client
5. As to any communication received in
confidence by one from the other. • Lawyer used to have a client
who then died. After death, a
Marital Marital Privilege dispute arises out of some
Disqualification transactions/acts of the client
Rule and other parties are involved.
One spouse should Spouses need not Disputing parties assert claims
be a party to the be a party to the through deceased client. Any
case case
communication of dead client
Applies only if Does not cease
to lawyer is not under the
marriage is existing even if marriage is
privilege.
at the time of dissolved
testimony

112
 c. Breach of duty by lawyer or
client
• If client sues lawyer, client can
disclose info between them. If
client is the one who
breachers, can lawyer disclose?
Yes, even if he is not the
privilege holder
• Based on principle of self
defense
d. Client sues lawyer
• If client sues lawyer, client can
disclose information between
them. This amounts to a waiver
to invoke privileged
communication. Lawyer now
has all the right to defend
himself
• If client is the one who
breaches, the lawyer can
disclose even if he is not the
privilege holder. This is based
on principle of self defense
e. Document attested to by the
lawyer
• Dean Torregosa: Some writers
comment that this is not an
exception. There is no legal service
done
f. Joint clients
• Identity of client is not confidential.
Lawyer may be compelled to
disclose identity
• XPN: Regala v Sandiganbayan
(G.R. No. 105938, September 20,
1997) If identity will provide link to
incriminate client.
• Hospital records are included in the
privilege (Chan v. Chan, G.R. No.
179786, July 24, 2013)
4. Priest-Penitent
• Minister or priest or people reasonably
believed to be so.
• The priest or minister cannot be
examined Without consent of the
affected person
• The priest or minister cannot be
examined as to any communication or
confession made, or even as to advice
given.
5. Public officers
• Public officers cannot be compelled to
testify to official communications if such
would prejudice public interests.
Communications in Hands of Third Persons
• The Communication shall remain
privileged, even in the hands of 3 rd
persons provided that reasonable
precaution is taken to preserve its
confidentiality. (Rule 130, Sec. 24)
Testimonial Privileges:
a. Parental-Filial Privilege- No person
shall be compelled to testify against
parents, Ascendants or descendants.
• XPN: Crimes against that person; By
one parent against the other.
• Parental Privilege, not applicable in
step-relationships (Lee v. CA, G.R. No.
177861, July 23, 2010)
b. Trade Secrets- a person cannot be
compelled to divulge trade secrets.

3. Physician-Patient • XPN: If non- disclosure would

perpetuate fraud or do injustice.
• Now includes psychotherapy.
• Still limited to civil cases. c. Newsman’s Privilege- Journalists
• Privilege also applies to people cannot be compelled to divulge their
participating in diagnosis and sources.
treatment of patients.
• Privilege extends to people d. Data Privacy Act- Personal
reasonably believed to be licensed to Information Controllers cannot be
practice medicine. compelled to testify as to information
• Privilege survives death of the received by them.
patient.

113
EXAMINATION OF WITNESSES (RULE 132)
Examination of witnesses shall be done:
1. In open court
2. Under oath or affirmation.
• The court may, motu propio or by
motion, order witnesses excluded so
they cannot hear the testimonies of
other witnesses.
XPNS:
1. A party who is a natural person
2. A representative of a juridical entity
3. A person whose presence is essential
to the presentation of a party’s cause
4. A person authorized by statute to be
present.
Rights and obligations of a witness:
Rights of a witness:
1. To be protected from irrelevant/insulting
question
• Only asked questions w/c are pertinent
to case
• Witness must be competent to answer
the questions
2. To be protected from disrespectful
demeanor
3. Witness may not be detained longer than
interest of justice requires.
• Take Note: ONE DAY EXAMINATION
RULE
• Admits to some reasonable exceptions
such as if testimony of witness is
lengthy
4. Right against self-incrimination
5. Right against self-degradation
• Right to not answer questions which
degrade his or her reputation unless it
is the very issue of the case
• Note: The witness may be compelled to
answer a question re: final conviction
of a crime as it will not expose witness
to possible prosecution/liability
114
• The ACCUSED may refuse altogether
to take the witness stand. The only
conceivable reason to take witness
stand is to incriminate him or her. Can
refuse to obey subpoena.
b. ORDINARY WITNESS cannot refuse
to take witness stand. Can only invoke
right when question is asked to witness
Obligations of Witnesses
• Make himself available and answer all
questions
• Effect if witness unjustifiably refuses to
answer: direct contempt of court as it
is done in the presence of court.
Order of examination of Witnesses
1. Direct examination
2. Cross examination
3. Re-direct examination
4. Re-cross examination
• Cross-examination is an ABSOLUTE
RIGHT of a party. To test the credibility
of the witness.
• Effect if no cross-examination:
Testimony may be stricken off the
record.
• Types of questions during Trial:
1. LEADING QUESTION
• Suggests to witness an answer desired
by conducting party.
• Not allowed in direct examination. May
be reformed. However if adverse party
fails to object then it will be allowed.
• It is however advantageous in cross
examination.
Allowed during:
a. Preliminary Matters - example establish
personal circumstance
b. When direct examiner is conducting
examination on one who has difficulty
giving intelligible answers/child of
tender years
c. Hostile Witness/Adverse Witness
QUESTION:
How to object leading question in JA?
 • Dean Torregosa: You may object in
writing to be decided during trial or you
may do so during trial when offered by
proponent.
• JA is offered as direct testimony. That
is testimonial evidence. This is objected
when witness is called to the stand and
asked to identify JA.
• Pretrial is not the time to non-
admissibility of other party’s evidence.
Also in JDR or CAM.
If there is difficulty in getting answers,
how to establish they are ignorant or
feeble minded?
• Dean Torregosa: You just state so. This
is still subject to observation of the
court. Ask questions that are not
leading and court will observe difficulty
of witness. Then state so and proceed
with leading questions. JA is not
documentary evidence. If affidavit is
offered in lieu of testimony. The proper
time to offer is when they are called to
the witness stand.
What if questions are objected and
sustained by court? Can lawyer just ask
question orally?
• Dean Torregosa: Yes. You can reform
through an oral question. But it will
depend on the court.
2. MISLEADING QUESTION
• Question that assumes as true a fact
which is not yet testified by a witness
or even contrary to what the witness
has testified. It is absolutely
prohibited. But if not objected to, the
witness can answer a misleading
question.
• Only invoked by adverse party such as
during cross-examination. But if you
are the one asking misleading question
to your own witness, the adverse party
shall object that the witness lacks
foundation to answer the question.
Other types of questions not allowed:
1. Vague or indefinite questions
2. Argumentative questions
3. Questions are asking opinion
4. Question is repetitive
115
Impeachment of witnesses, how done:
1. By introducing contrary evidence
• Presented by witness in the same case.
2. Impeachment by prior inconsistent
statement
• Refers to statements made by witness
at some other time.
Ex. A Witness who testified at the Preliminary
Investigation of a is inconsistent with
testimony during trial.
Requisites for Impeachment by Prior
Inconsistent Statements:
(1) Laying of the predicate
• Proponent/ impeaching party shall
relay to witness time, place and person
present during prior testimony
(2) Witness must be afforded the opportunity
to explain the inconsistency
• Only when witness can’t explain that
witness is impeached
Q. What if witness denies the prior
statement?
• Dean Torregosa: Resort to first mode,
contradictory evidence.
Ex. Present the one who witness made the
statement to.
QUESTION:
Does first statement have to be under
oath?
• Dean Torregosa: Prior inconsistent
statement doesn’t have to be under
oath as long as witness confirms that
statement was made.
3. Evidence of bad character
• Reputation for truth, honesty or
integrity is bad. Must be general. Not
all character reputation is allowed.
Must be done to destroy credibility for
truth, honesty and integrity. Ex.
accused of rape
 • Defense can’t impeach witness by
proving that witness is a rapist because
he was previously accused of rape
because
(1) Does not refer to reputation for truth,
honesty and integrity
(2) Deals with specific evidence of conduct
XPN:
a. Examining witness himself
b. Evidence of copy or final judgement
convicting witness of crime with
penalty of 1 year or crime of moral
turpitude
• GR: A party cannot impeach his/her
own witness
• XPN: Hostile witnesses as determined
by the court or witness is the adverse
party
Referral of a Witness to a Memorandum:
• To refresh witnesses’ memory as to
anything written or recorded by himself
or under his direction.
• Writing must also be given to the
adverse party.
Examination of Child Witnesses
• Applies to children who are victims of a
crime, accused of a crime, Witnesses
to a crime.
• Court may conduct a competency
hearing to determine the child’s ability
to perceive and remember, as well as
his ability to communicate his
perception to others.
Who is allowed in the proceeding:
1. Fiscal
2. Defense Counsel
3. Guardian Ad litem
4. Accused under certain circumstances
• A child may be allowed to testify on
hearsay matters, as long as intention is
made known to adverse party, and the
particulars of such statement.
• Hearsay evidence must be duly
corroborated. Otherwise, inadmissible.
116
• Sexual Abuse Shield Rule: Evidence
that child engaged in prior sexual
behavior
• Evidence to prove the sexual
predisposition of the child are
inadmissible in evidence.
Admissions and Confessions (Rule 130,
Secs. 27-34)
Admission by a party, elements:
1. An Act, declaration, or omission
2. Of a party
3. As to a relevant fact
4. Against his/her interests
5. Made out of court
6. Admissible in court
• Extrajudicial Admission- Any statement
against the party’s interests
• Effect of an admission: May be taken
against admitter.
Res inter alios acta
Applicable only in extrajudicial confessions
Two branches:
1. Admission by 3rd party
2. Similar acts as evidence
• Admission by 3rd party: Act, admission
of 3rd party, inadmissible against
another party.
• Res inter alios acta does not cover
judicial admissions because accused
has opportunity to cross-examine.
• Note: Res inter alios acta only covers
extrajudicial declarations. When the
declarant repeats his extrajudicial
declaration in court and his co-accused
are given the opportunity to examine
him, the declaration is admissible
against the co-accused.
• Admission by a co-partner or agent:
Act or declaration of a partner or agent
during the existence of the partnership
or agency, within the bounds of
authority of such partner or agent.
 • Admissions made after partnership is
dissolved are not admissible.
• Admission by co-conspirator: Must be
given be co-conspirator, in furtherance
of the conspiracy, and during its
existence.
• Evidence of conspiracy must also be
proven apart from the declaration.
• Extrajudicial admissions given after
termination of conspiracy but before
trial, not admissible.
• Doctrine of interlocking confessions-
Extrajudicial statements of co-accused
may be taken as circumstantial
evidence against persons implicated.
• Interlocking confessions may be used
to prove conspiracy.
• Similar acts as evidence, inadmissible
as direct evidence (Res inter alios acta,
2nd branch)
• XPN: May be offered as evidence to
prove:
1. Specific intent or knowledge
2. Identity
3. Plan, system or scheme
4. Habit
5. Custom, usage and the like.
Offers of Compromise (Rule 130, Sec. 28)
• Offers of compromise not an admission
of liability in civil cases.
• Evidence of statements or conduct
made in the course of compromise
negotiations also inadmissible.

Admission by privies
1. One derives title to property from another
2. Act, declaration, omission is from the
person whose title is derived from while
the person was holding title, in relation to
the property
3. Evidence vs. the former (City of Manila v.
Del Rosario, 5 Phil. 227 [1905])
Admission by silence
• Confessions: Confession of an accused
may be taken as evidence against him.
• Judicial confession, admissible against
the co-accused.
• XPN: Evidence otherwise discoverable
or offered for another purpose such as:
1. Proving bias or prejudice of a witness;
2. Negativing a contention of undue
delay;
3. Proving an effort to obstruct a criminal
investigation or prosecution.
• In criminal cases, offers of compromise
may be offered as evidence of guilt.
• XPN: Those allowed by law to be
compromised (quasi-offenses and tax
cases)
• Good Samaritan rule- offer to pay
medical, hospital expenses, not
admissible to prove liability.

Admission by a Confession HEARSAY RULE (RULE 130, SEC. 37)

party
A statement of Acknowledgement • Hearsay before the amendments was
fact of guilt or liability only understood as lack of personal
May be express Must be express knowledge. Now, it refers to statement
or implied other than the one made by declarant
May be made by Can only be made in court during a hearing.
3rd persons and by party himself
in certain cases, • The focus of the recent concept of
admissible hearsay is not on absence of personal
against a party knowledge but on fact that is made by
someone else and is attributed to
Acts, Declarations
declarant not testifying the statement.
declarations,
It no longer requires absence of
omissions
personal knowledge.
May be made in Criminal Case
any proceeding

117
 • Personal knowledge rule and hearsay
evidence rule are intertwined. The
difference is that personal knowledge
rule focuses on testimony based on
personal knowledge. On the other
hand, the hearsay evidence rule talks
about out of court statements subject
to certain exceptions.
• You can invoke both rules. When
witness testifies not bases on personal
knowledge may raise:
(1) Personal Knowledge Rule
(2) Hearsay Evidence Rule
People vs. Victor Padit (G.R. No. 202978,
February 1, 2016)
• Recall that SC said that hearsay
evidence are inadmissible because:
1. Statement is not given under
oath/affirmation,
2. The source of the statement is
not the one in court thus no
opportunity to cross examine and
denied opportunity to observe
demeanor of client.
• Because of these factors, a statement
made by someone who is not made in
court, this is inadmissible. SC said that
if problem is due to absence of cross-
examination, evil sought to be avoided
is negated when declarant is present in
court and subjected to cross
examination in court. So any person
can now appear in court for as long
declarant was presented in court.
CERTAIN CONDITIONS WHERE
STATEMENT IS ADMISSIBLE EVEN IF
DECLARANT IS NOT THE ONE PRESENT IN
COURT:
(a) Inconsistent with the declarant's
testimony, and was given under oath
subject to the penalty of perjury at a trial
hearing, or other proceeding, or in a
deposition;
Ex. Collection of sums of money. During trial A
testified that B owed 1M and failed to pay.
When A was cross-examined, the lawyer asked
A as to if A would confirm that obligation was
extinguished by subsequent payment but A
118
insists that B never paid. To rebut, B presented
C the BFF of A to testify that A told C that B
obtained a loan and paid the obligation plus
interest. The testimony of C is to relay what
she heard from A. This is inconsistent with A’s
statement. But C’s testimony is hearsay. But
because A already testified and was cross-
examined and statement made by A is
inconsistent with statement to C is still
admissible.
Q. Riguera states that prior statement
should be made under oath. Is this how
we construct this first exception?
• Dean Torregosa: That is one way to
look at it. So if statement is made to a
police statement and not under oath,
then it is still hearsay. We will go with
Riguera in this concept.
(b) consistent with the declarant's
testimony and is offered to rebut an
express or implied charge against the
declarant of recent fabrication or
improper influence or motive; or
A can provide witness in order to prove that
she is not lying. Suppose C will testify for A.
Even if C is testifying on statement made by A,
it is admissible as A actually testified in court.
(c) one of identification of a person made
after perceiving him or her.
EXCEPTIONS TO THE HEARSAY RULE
(RULE 130, SECS. 28-50)
1. Dying Declaration
2. Statement of decedent or person of
unsound mind
3. Declaration against interest
4. Act/declaration about pedigree
5. Common Reputation
6. Part of res gestae
7. Family Reputation regarding pedigree
8. Records of regularly conducted
business activity
9. Entries in official records
10. Commercial lists and the like
11. Learned treaties
12. Testimony or deposition at a former
trial
13. Residual exception
I. Dying declaration
Requisites:
1. Declaration must concern the cause and
circumstances of declarant’s death
2. At the time of declaration, defendant is
conscious of impending death
3. Declarant was a competent witness
Even if declarant survived, he should be
competent to testify.
4. The statement must be complete in itself.
(DOCTRINE OF COMPLETENESS) (People v.
De Joya, G.R. No. 75028, November 8, 1991).
5. The death must be the subject of inquiry.
• Dean Torregosa: It is not required that
the death happen immediately after
the statement is uttered; the death
may occur later. Dying declarations
are admissible in all cases, whether
civil, criminal, or special proceedings,
as long as the death is the subject of
inquiry. Such as case for insurance
proceedings.
II. Statement of Decedent or Person of
Unsound Mind
• Statement is admissible when made by
deceased before death or before they
when insane when made by party or an
assignor of a party or person on whose
behalf an action is prosecuted.
Requisites:
1. Action against the
executor/administrator or other
representatives of the deceased or the
person of unsound mind.
2. Upon a claim against the estate
3. Witness is a party or an assignor of a
party or person on whose behalf an
action is prosecuted
• “Persons on whose behalf an action is
prosecuted” refers to the claimants of
the estate. This is to prevent fraud
against the estate.
4. The witness testifies on a fact
occurring before the death of the person
or before that person became of
unsound mind.
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5. The declaration was made upon the
personal knowledge of the deceased or
person of unsound mind.
6. At a time when the event was
recently perceived by the declarant
(element of immediacy)
7. While the recollection of the declarant
was still clear.
8. The statement is inadmissible if there
are circumstances indicating that the
statement is not trustworthy.
• Dean Torregosa: This provision as an
exception to the hearsay rule is similar
to the Dead Man’s Statute (DMS) which
is now deleted under the New Rules.
Previously, it was a disqualification of a
witness to testify.
Q. If one party presents a statement,
administrator can provide rebuttal on
statement of the deceased?
• Dean Torregosa: That is allowed but
not under this rule. But this may fall
under the rule on self-serving
admission. It only refers to party or
assignor of a party or a person in
whose behalf a case is prosecuted.
• DMS applies only imposed upon party
or assignor of a party or a person in
whose behalf a case is prosecuted.
(Saint Claire Realty v. Guerrero, G.R.
No. L-58164, September 2, 1983)
• DMS is not applicable where a
company employee is testifying as the
employee who was a witness was not a
party or a person in whose behalf a
case is prosecuted. (Lichauco v.
Atlantic Gulf, 84 Phil. 330 [1949]).
III. Declaration Against Interest
• Declarant states a fact against his
interest and he believes such to be
true.
DECLARATION ADMISSION
AGAINST INTEREST AGAINST INTEREST
(1) secondary (1) primary evidence
evidence (2) No need that
(2) admissible only if declarant is 4. Act was made before the controversy
declarant is dead/unable to testify arose
dead/unable to testify (3) adverse nature of
(3) contrary to declaration can be REQUIREMENT OF INDEPENDENT
interest determined at time EVIDENCE OF PEDIGREE
(4) Has to be a party such adverse nature is
(5) Made before apparent • TISON v. CA (G.R. No. 121027, July
controversy arose (4) Can be 3rd party 31, 1997)
(6) admissible against (5) can be made at
declarant, successors any time even during
in interest and 3rd pendency
parties (6) Admissible only • Action by niece and nephew against
against husband of aunt. They claim to share
admitter/declarant in the title of aunt. One of them
testified as to declaration that the aunt
recognized the plaintiffs as her niece
• The mere absence or unavailability of
and nephew. Is such declaration
the declarant is not enough. The
enough or is there a need to adduce
witness must have exercised
independent evidence?
reasonable diligence to produce the
• SC: Qualify. When one seeks to
declarant in court for this exception to
recover from a party common to
apply (Fuentes v. Court of Appeals,
relative and declarant, but not
G.R. No.111692, February 9, 1996).
declarant himself, the claim shall be
• If declarant is exposed to criminal
established by independent evidence of
liability and the accused is exculpated
pedigree.
the testimony of the witness is
INADMISSIBLE. Unless there are
corroborating circumstances that
clearly indicate the trustworthiness of • Ex. 3 parties. Claimant, declarant, and
the statement. relative in common against which the
claim is directed. This requires
IV. Act or Declaration About Pedigree independent evidence of pedigree.
• If party claiming seeks to recover from
• Under the old rules, the declarant must estate of declarant himself,
be related by blood, birth or marriage requirement of independent evidence
to the person whose pedigree is in no longer applies because declaration
issue. was made against person whom the
• Now includes adoption as among the claim was directed.
relationships enumerated.
• Also now includes people intimately V. Family Reputation or Tradition
associated with the family (e.g. long- Regarding Pedigree
time servant, long-time family friend,
etc.) Only in the absence of declarant. • Who is going to testify here? Members
• Declarant here and the person whose of the same family.
pedigree is in question must be • Includes adoption as basis for
related. relationship to fall under this exception
Requisites:
Elements:
• Statement must be made by a family
1. Declarant is dead or unable to testify member (includes adoptive
2. Made by a person related to the relationship).
family or had an intimate connection to • Unlike Acts or declarations about
the family pedigree which does not have to be a
3. Other evidence of the relationship family member
other than the declaration is shown. • About the reputation of the pedigree of
(Tison v. Court of Appeals, G.R. No. a family member
121027, July 31, 1997).

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 • Act was made before the controversy
arose.
2 KINDS OF EVIDENCE:
1. Testimony of a family member
2. Family possessions which contain
declarations involving pedigrees of
members of the family
• How done: get someone who can
testify as to the family possessions
(entries in family bibles or other family
books, Charts, engravings on rings,
Family portraits and the like)
• Ordinary letter is not a family
possession (Jison v. CA, G.R. No.
124853, February 24, 1998).
VI. Common Reputation
• No more 30-year requirement
• Emphasis of history, through
consensus of the community.
WHAT CAN BE PROVEN THROUGH
COMMON REPUTATION:
(1) Land Boundaries
(2) Customs affecting lands of the community
(3) Events of general history important to the
people
(4) Marriage or non-marriage
(5) Moral Character
• No longer includes matters of general
and public interest.
VII. Part of Res Gestae
2 kinds:
1. Spontaneous Statements- made due to
a startling occurrence, made before
declarant had any opportunity to
concoct a falsehood.
2. Verbal Acts- must be clear and
equivocal.
• Statements must accompany the
equivocal act.
• Verbal act must be made at the time
the equivocal act was made.
VIII. Records of Regularly Conducted
Business Activity
Differences w/ old Rule:
• No requirement that the entrant of
records must be dead or unable to
testify
• BASIS: Trustworthiness
• HOW TO PROVE: Presented by
custodian or competent person
• Custodian does not have to have
personal knowledge on records.
Requisites:
1. Data compilation, report, memorandum, etc.
2. Made in writing by a person with personal
knowledge
3. Made and kept in the regular course of
business
4. Such was regular practice
5. May be testified by custodian or other
qualified witness
the 6. It is no longer needed that the person who
made the entry be dead or unable to testify.
• Entries in official records made by a public
officer done in official duties is exempt
from hearsay rule.
Take Note Of The Difference:
(1) BUSINESS RECORD- entrant must have
personal knowledge
(2) OFFICIAL RECORD-it is enough that
entrant learned facts via official information. It
cannot be information taken from bystanders.
Hence, they are not official records.
IX. Entries in Official Records
• Made by public officers in the
performance of their duties
• Entrant learned facts via official
information.
• Entries were entered in an official or
regular manner in the official records.
• Entries in official records are prima
facie evidence of the facts stated
therein.
X. Commercial Lists and the Like
• Evidence of statements of matters of
interest to persons engaged in an
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 occupation contained in a list, trustworthiness. (1) No reason for
periodical, or other published reporter to lie; (2) Given nature of
compilation. news reporting, it can be checked.
• Admissible as tending to prove the That’s the operative fact:
truth of any relevant matter so stated. circumstantial guarantees of
• If such compilation is published for use trustworthiness.
by such persons engaged in such
occupation and is regularly used by • Statements not specifically covered by
them. any of the foregoing exceptions as long
as there are guarantees of
XI. Learned Treatises trustworthiness. (e.g. dying declaration
offered in a proceeding where the
• Evidence of statements of matters of subject of the inquiry is not the death
interest to persons engaged in an of the declarant)
occupation contained in a list, • Catchall exception
periodical, or other published
compilation.
• Admissible as tending to prove the Residual Exception is Admissible if:
truth of any relevant matter so stated.
• If such compilation is published for use 1. Offered as evidence of a fact
by such persons engaged in such 2. Statement is more probative than other
occupation and is regularly used by evidence
them. 3. The general purpose of the Rules of Court
and justice will be served by the introduction of
XII. Testimony or Deposition at a Former the evidence.
Trial or Proceeding
Requisites for Residual Exception:
• Must be a testimony or deposition of a
witness 1. Proponent makes known the intention to
• Witness must be dead, outside of the avail of the residual exception in advance
Philippines, or otherwise unable to 2. Adverse party has fair opportunity to meet it
testify due to incapacity 3. The Proponent must offer the particulars of
• Given in a former proceeding such statement, including the names and
• It must involve the same parties and addresses of the declarant/s.
the same subject matter.
• Adverse party must have had the
opportunity to cross-examine the OPINION RULE
witness.
• TN: Rule is all-encompassing to any • GR: Witness cannot state his opinion
person who is competent. • XPN: Opinion of expert witness;
opinion of ordinary witness.
• Expert Witness- one with special
XIII. Residual Exception
knowledge, skill, training, experience,
• This exception comes from the US case and education on a particular matter.
of Dallas County v. Commercial Union • Ordinary Witness may give his opinion,
Assurance Company, 286 F.2d 388 provided that it is limited to personal
(5th Cir. 1961) knowledge and that there is sufficient
basis for such opinion.
Dallas County vs. Commercial Union
Matters that an ordinary witness can give an
• This is an insurance claim, and the opinion on:
evidence here is hearsay, but allowed
under this exception. The hearsay 1. Identity of a person
evidence consisted in an old 2. Handwriting of a person with which he has
newspaper, but it was admitted by the sufficient familiarity
3. Mental Sanity of a person with whom he is
court on the ground that that old
sufficiently acquainted
newspaper possesses the
4. Impressions on the:
circumstantial guarantees of

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 a. Emotion
b. Behavior
c. Condition
d. Appearance of a person.
CHARACTER EVIDENCE
• GR: Character evidence is inadmissible
in evidence
• Depends on whose character is being
proved
CRIMINAL CASE
• Prosecution cannot prove bad moral
character UNLESS in rebuttal, but
accused is always available to prove
good moral character
• Moral character must be related to the
offense charged
• Must tend to establish probability or
improbability of offense charged.
• Accused may prove his good moral
character pertinent to the offense
charged.
• Offended party’s character may be
proven to determine probability of
offense.
• TN of Rape Shield Rule: Evidence of
offended party’s alleged lascivious
conduct not admissible unless material
and relevant to the issue in the case.
CIVIL CASE
Civil Cases
• Character of both parties can always
be proved as long as relevant to moral
trait involved in the case
Ex. moral seduction. character is deception.
good character to be proved is righteousness
and honesty.
• Character evidence only admissible
when relevant to the issue in the case.
How to prove Character?
Proof depends on 2 situations:
1. If character is an element of the offense
or element of offense/defense
a. By testimony of witness to prove
character by reputation
• Ex. libel case where A is a child
molester. The defense is truth and
absence of malice. Accused can prove
the truth of the allegedly libelous
article. Truth is an essential element of
the defense. Reporter can prove truth
by presenting witness that belong to
same community as A who can testify
as to reputation NOT specific previous
acts.
b. Testimony of witness as to their opinion
of the party
• Personal opinion of the individual
witness
c. Evidence of specific wrongful conduct
• May present children who say they
were molested. This is allowed as truth
is essential element of defense
2. If character is circumstantially relevant to an
issue in the case
a. Testimony of witness as to reputation
b. Testimony of witness of opinion as to
character
c. By cross examining a witness on the
specific acts or conduct relating to the
accusation charged
GR: if character is not element of offense or
defense, evidence of specific wrong conduct is
not allowed
XPN: upon cross examination of party
Reason: possibility of unfair surprise,
possibility of delay
Q: Is it required that the one being
crossed is the offended party? Or are
character witness allowed to be cross
examined as to specific wrongful conduct.
Dean Torregosa: Rule does not specify. It can
be the accused or any witness who can be
cross examined as to the specific wrongful
conduct of the accused. But it must be done
during CROSS EXAMINATION. You cannot
provide your own witness to prove specific
wrongful conduct.
• Evidence of good character of a witness
is inadmissible until the character of
the witness is impeached.

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JUDICIAL AFFIDAVIT RULE
• Applies to all actions or proceedings
requiring the reception of evidence.
• JAs are used in lieu of witnesses’ direct
testimony.
• Original of the document may be kept
by the witness as long as original has
been identified, marked, authenticated,
and stated in the JA that what is
attached to is a faithful reproduction of
the original.
Contents
1. Name, age, residence, Address,
Occupation of the witness
2. Name and address of the examining
lawyer
3. Statement that the witness
conscious that he is answering the
questions under oath, that he may face
criminal liability for false testimony or
perjury
4. Questions and answers of the witness
5. Signature of the witness
6. Jurat of notary public
7. Sworn attestation of lawyer
• Offer and Objection, when made:
Adverse party may state any
objections to the witnesses’ JA at the
time such witness is called to testify.
• After testimonial evidence, all object
and documentary evidence shall be
offered.
• Any objections to such offer must be
made upon formal offer.
• JAR also applies in criminal cases.
a. Where imposable penalty is
less than 6 years
b. Where accused agrees to the
use of JAs.
OFFER AND OBJECTION
• GR: Court will not consider any
evidence not formally offered.
• XPN:
1. Evidence is identified
2. Duly recorded
3. Incorporated in the records of
the case.
• Formal offer is done after the party
rests his case.
• No evidentiary value to pieces of
evidence not formally offered.
When formal offer NOT required:
1. Summary proceeding
2. Documents judicially admitted
3. Documents in quasi-judicial and
administrative cases
4. Documents used in rendering
summary judgment
5. Lost objects previously marked
6. When duly identified by testimony.
When to make an offer:
1. Testimonial: When witness is called
to testify.
is 2. Documentary and object: After
presentation of parties’ testimonial
evidence.
• Manner of offer: ORAL
Objection
• Objection is vital. No objection,
WAIVER.
• Manner: Objection is made orally,
immediately after objectionable
question is asked.
• Hearsay evidence, even when not
objected to, no probative value.
• Continuing objections need not be
repeated.
Ruling on an Objection
• Reasons for sustaining/overruling an
objection need not be stated, but if
based on two or more grounds, judge
must state the reasons therefor.
• Objections on relevancy need no
explanation.
Striking Out an Answer
Grounds:
1. Witness answers the question before
adverse party had the opportunity to
object
2. Answer is not responsive
3. Witness testifies without a question
being posed
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 4. Witness testifies beyond the limits set
by the court
5. Witness does a narration instead of
answering the question
6. Such objection is found to be
meritorious.
Tender of Excluded Evidence
• Made for purposes of appeal.
• Appeal as error the exclusion of
evidence.
• Excluded evidence must first be
identified, presented, and formally
offered in court.
a. If acted without or in excess of
jurisdiction, or
b. With abuse of discretion amounting to
lack or in excess of jurisdiction
• The remedy of certiorari under Rule 65
based on grave abuse of discretion
committed by the respondent court
applies only against a court or a quasi-
judicial body. It must be performing a
judicial or quasi-judicial function.
Meaning, it is tasked to decide a case.
CERTIORARI

Conditions for the filing of a petition for

How to make a Tender of excluded
certiorari under Rule 65
evidence:
a. There is no appeal, or any plain, speedy,
1. Documentary/object- attach to the
and adequate remedy in the ordinary
record
course of law Since there is no other
2. Testimonial- state for the record the
name and other personal plain, speedy, adequate remedy in order
circumstances of the witness and the to prevent the act of the respondent
substance of the excluded testimony. body, then you can avail of Certiorari
(May also be done in question-and- under Rule 65.
answer form) b. Aggrieved party shall file a verified
petition seeking the annulment of subject
• Party may present additional evidence order;
after it had rested its case, at the c. Petition to be accompanied by certified
discretion of the court. true copy of the judgment or order;
d. Certification of non-forum shopping A
petition for certiorari is considered an
VII. SPECIAL CIVIL ACTIONS original action and not an appeal. It is an
original case. That is why there should be
a certification of non-forum shopping.
e. Proper to correct error of jurisdiction not
RULE 65: CERTIORARI, PROHIBITION,
of judgment
AND MANDAMUS
• Error of jurisdiction – the court or
quasi-judicial body assumes
• Rule 65 is a remedy to correct errors jurisdiction over a case but it does not
made by courts, quasi-judicial bodies, really have jurisdiction under the law.
or administrative bodies. 3 remedies If the court has no jurisdiction, the
under Rule 65: entire proceeding is null and void. If
you call the attention of the court and
1. Certiorari filed a motion to dismiss showing that
2. Prohibition the court has no jurisdiction over the
3. Mandamus subject matter, yet the court denied
the motion to dismiss and insisted on
Against Whom Filed trying the case.

• Against any tribunal, board or officer Certiorari under Rule 45 vs. Rule 65
exercising judicial or quasi-judicial
functions RULE 45 RULE 65
Question of law. Grave abuse of
Basis of the Petition discretion

125
Mode of appeal. Original action and is the law or the Constitution the power
Review judgments on directed on or authority to conduct a hearing and
the merit. interlocutory decide a case.
orders.
Must be made within Must be filed not later Grave Abuse of Discretion
reglementary period than 60 days
to appeal (15 days) from notice of • The ground for your certiorari is that
judgment the court or the quasi-judicial body is
Appeal stays Does not stay acting without jurisdiction or in excess
judgment, award or judgment unless a of jurisdiction or has committed grave
order appealed from TRO is issued abuse of discretion amounting to lack
by the court or excess of jurisdiction.
Petition and Aggrieved party
respondent are the against the lower Without Excess of Grave Abuse
original parties. Lower court or quasi- judicial Jurisdiction Jurisdiction of
court judge not to agency and the Jurisdiction
be impleaded prevailing party Means he does Means he is It means such
Prior filing of a motion Filing of a motion for not have the clothed with the capricious and
for reconsideration reconsideration is a legal power to power to whimsical
not required condition precedent determine the determine the exercise of
Appellate court is in Higher court exercises case case but he judgment as is
the exercise of its its original jurisdiction oversteps his equivalent to lack
appellate jurisdiction and power of control authority of jurisdiction or in
and power of review and supervision over other words,
lower court where the power
is exercised in
an arbitrary or
Error of Judgment vs. Error of Jurisdiction
despotic
Error of Error of manner by
Jurisdiction Judgment reason of passion
The court or quasi- The court has or personal
judicial body assumes jurisdiction but it hostility, and it
jurisdiction over a case committed an error must be so
but it does not really in deciding the case patent and gross
have jurisdiction as to amount to
under the law an invasion of
Remedy is Remedy is an appeal positive duty or to
certiorari a virtual refusal to
under Rule 65 perform the duty
enjoined or to act
in contemplation
Respondent must be performing a judicial or
of law
quasi- judicial function

• Judicial Function – refers to the

Certiorari vs. Prohibition vs. Mandamus
power to determine what the law is,
what are the legal rights of the parties, Certiorari Prohibition Mandamus
and adjudicate their rights. This is Intended to Prevent the Compel the
exercised by the regular courts. correct an act commission of performance
performed by an act of an act
• Quasi-Judicial Function - Quasi- respondent
judicial bodies are bodies or entities of Extends to Applies to both Applies to
the government but they do not belong discretionary discretionary ministerial
to the judicial branch. acts and ministerial acts only. toministerial a
• They belong to the executive branch. acts
But although they belong to the
executive branch, they are given under

126
Lies only against Lies to both judicial and non- 7. Where the proceeding in the lower
respondent judicialacts court are a nullity for lack of due
doing judicial or process;
quasi-judicial 8. Where the proceeding was ex-parte;
functions 9. Where the issue raised is one purely of
law or where public interest is involved
by the trial court is highly improbable;
Where Petition Filed (Republic v. Remar Quinonez, G.R. No.
Where do you file your certiorari? 237412, January 6, 2020)

• In the next highest court – if the act PROHIBITION

was committed in the RTC, you will file Against whom filed:
it to the CA or you may file it also in
the Supreme Court. a. Tribunal
• General Rule: Where appeal is b. Corporation
available, certiorari will not lie. c. Board
d. Officer
Exceptions: e. Person
1. Where appeal does not constitute a
speedy and adequate remedy; • Whether exercising judicial, quasi-
2. Where Order is in excess of or without judicial, or ministerial functions
jurisdiction; • Dean Monteclar: Prohibition is a special
3. Where the Order is a patent nullity; civil action. The respondent here is
4. Where the decision in certiorari will exercising not only judicial or quasi-
avoid future litigation judicial functions but also ministerial
functions.
Motion for Reconsideration
Basis of the Petition for Prohibition
• Rule: A motion for Reconsideration
must be filed before filing the What are the bases of the petition?
certiorari. a. Without or in excess of jurisdiction – if
• Dean Monteclar: Filing a Motion for the respondent is a judicial or quasi-
Reconsideration is a condition judicial body
precedent in order to give the court or b. Grave abuse of discretion amounting
judicial body an opportunity to correct lack or in excess of jurisdiction – the
his mistake. You must first file an MR. same in letter (a)
Filing of an MR is the most immediate c. There is no appeal or any other plain,
remedy to you. speedy and adequate remedy in the
Exceptions: ordinary course of law.

1. Where the order is a patent nullity; Where to File

2. Where the issue raised in certiorari In the proper court, to wit:
have been duly passed upon by the
court; a. RTC
3. Where there is urgent necessity for b. CA
resolution of the question raised; c. SC
4. Where motion for reconsideration
would be useless; Prayer for TRO or Preliminary Injunction
5. Where petitioner is deprived of due
• A prayer for TRO or Preliminary
process
Injunction must be prayed for to
6. Where, in a criminal case, relief from
prevent the act during the pendency of
an order of arrest is urgent and the
the case.
granting of such relief;
• Dean Monteclar: One thing in common
with the three special civil actions

127
 (Certiorari, Prohibition, Mandamus) is • The petition must contain a certificate
that it does not stop the proceedings of non-forum shopping
because these are original actions and • Dean Monteclar: These conditions are
are not appeals. So the court whose common to the three special civil
decision or action you are questioning actions of mandamus, certiorari,
by way of certiorari or by way of prohibition.
prohibition will not stop the • Mandamus will lie to compel
proceedings not unless there is a TRO performance of a ministerial duty NOT
issued by the higher court where you a discretionary duty.
filed your Petition for Prohibition.
Discretionary Act Ministerial Act
Expanded Scope of Certiorari The law imposes a One which an officer
duty upon a public or tribunal performs
• While Rule 65 specifically requires that officer and gives him in a given state of
the respondent be a tribunal, board, or the right to decide facts, in a prescribed
officer exercising judicial or quasi- judicial how or when the duty manner, in obedience
functions, recent pronouncements of the shall be performed. to the mandate of a
Court have extended the reach of the legal authority,
petition to functions that are neither without regard to or
judicial or quasi-judicial. [Araullo v. the exercise of his
Aquino, G.R. No. 209287 (2014)] own judgment upon
The propriety or
MANDAMUS impropriety of the act
done.
Against whom Filed [Roble Arrastre, Inc. v. Villaflor, G.R. No.
128509 (2006)]
a. Tribunal
b. Corporation • Mandamus does not lie to compel the
c. Board performance of a contractual duty.
d. Office • A petition for mandamus is premature
e. Person if there are administrative remedies
available to the petitioner except when
• Dean Monteclar: In the special civil action the case involves only legal question.
for Prohibition, you ask the court to
prohibit a person, corporation, board, PROVISIONS COMMON TO CERTIOARI,
officer from performing a particular act. PROHIBITION, AND MANDAMUS
• Mandamus is the opposite where you ask
When to File
the court to compel that corporation,
person, board, etc. to do an act because • 60 days from notice of judgment or
that is his duty to perform. order denying the motion for
reconsideration
Grounds of Petition for Mandamus
• Dean Monteclar: From the time you
a. Respondent unlawfully neglects the receive the order, you have 60 days to
performance of an act which the law file the Petition for Certiorari,
specifically enjoins as a duty resulting Prohibition, and Mandamus.
from an office, trust, or station; • Within that 60 days, you may file an
b. He unlawfully excludes another from MR and if denied, you are given a fresh
the use and enjoyment of a right or period of another 60 days.
office to which said person is entitled.
Where to File
Conditions
• RTC or with the CA or Sandiganbayan,
• There is no other plain, speedy, and whether or not the same is in aid of its
adequate remedy in the ordinary appellate jurisdiction
course of law
• The petition must be verified

128
 • In election cases involving an act or
omission of the MTC or RTC, the
petition shall be filed exclusively with
COMELEC, in aid of its appellate
jurisdiction.
• These petitions should not be filed
directly with the Supreme Court even
though they fall under the concurrent
jurisdiction of the SC, CA, and RTC. We
have to observe the hierarchy of
courts.
Respondents
• If the act or omission refers to that of a
judge, court, quasi- judicial agency,
etc., the petitioner shall join as private
respondent the person interested in the
proceeding and it is his duty to appear
and defend the decision. The Judge will
be the public respondent but he need
not answer or appear in the case as he
is only a nominal party.
Order to Comment
• If sufficient in form and substance, the
trial court may require the respondent
to comment within 10 days from
receipt of the copy of order. In SC and
CA, reply may be required.
Continuation of Main Case
• Unless a TRO or Preliminary Injunction
is issued, the court may continue with
the proceeding within 10 days from
filing of the petition.
Action of the Court
• It may grant the petition or deny it if it
finds to be patently without merit, etc.
If unmeritorious, the court may award
in favor of the respondent treble costs
against petitioner and counsel.
The court may dismiss the petition if:
a. It finds the same patently without
merit or prosecuted manifestly for
delay, or
b. If the questions raised therein are too
insubstantial to require consideration.
Effect of dismissal
129
• The court may award in favor of the
respondent treble costs solidarily
against the petitioner and counsel, in
addition to subjecting counsel to
administrative sanctions under Rules
139 and 139-B.
• The Court may impose motu proprio,
based on res ipsa loquitur, other
disciplinary measures on erring lawyers
for patently dilatory and unmeritorious
petitioner for certiorari. [Sec. 8, Rule
65]
Service and Enforcement of Order or Judgment
• Judgment of the court shall be served
upon the court, quasi-judicial agency,
tribunal, corporation, board or officer in
such manner as the court may direct.
Disobedience thereto is punishable as
contempt. Execution may issue for any
damages or costs awarded.
RULE 66: QUO WARRANTO
• A quo warranto proceeding is the
proper legal remedy to determine the
right or title to the contested public
office and to oust the holder from its
enjoyment. [Defensor- Santiago v.
Guingona, Jr., G.R. No. 134577
(1998)]
• Literally means “by what authority”, it
is a prerogative writ by which the court
can call upon any person to show by
what warrant he holds a public office or
exercises a public franchise. [Tecson v.
COMELEC, G.R. No. 161434 (2004)]
(UP BOC 2020)
• Quo Warranto is an action to prevent
the usurpation of a public office,
position or franchise. It is commenced
by a verified petition in the name of
the Republic of the Philippines or by a
person entitled to the position.
Parties
• Petitioner: The Republic of the
Philippines except when filed by a
person who claims to be entitled to the
office.
Respondents: filed within ten (10) holding office, and the
days from prescriptive period is
a) A person who usurps, intrudes into, or proclamation of one (1) year.
unlawfully holds or exercises a public candidate.
office, position or franchise; In the Election Under Rule 66, the
b) A public officer who does or suffers an act, Code, the petition petitioner must be the
which, by provision of law, constitutes a may be filed by person entitled to the
ground for the forfeiture of his office; OR any registered office OR it could be
c) An association which acts as a corporation candidate for the the government of the
without being legally incorporated, or same office. Philippines, through
without lawful authority to act. the Solicitor General.

When Quo Warranto is Not Proper (UP 2020)

Who Commences Action
a. Against persons who usurp an office in
a private corporation [Calleja v. The SolGen or a public prosecutor,
Panday, G.R. No. 168696 (2006)] 1. Must bring the action (MANDATORY):
b. If the dispute is as to the counting of a. When directed by the President; or
votes or on matters connected with the b. Upon complaint, where the OSG
conduct of the election, a quo warranto has good reason to believe that
is not the proper remedy but an any of the cases in Sec. 1, Rule 66
election protest. [Cesar v. Garrido, exists.
G.R. No. 30705 (1929)] 2. May bring the action
c. Acts or omissions, even if it relates to (DISCRETIONARY):
the qualification of integrity, being a • At the request of another person; and
continuing requirement but • With the permission of the court.
nonetheless committed during the
incumbency of a validly-appointed
and/or validly-elected official, cannot
be the subject of a quo warranto • An individual may commence the
proceeding. (Republic v. Sereno, G.R. action if he claims to be entitled to the
No. 237428, May 11, 2018) office or position usurped or unlawfully
held or exercised by another. [Sec. 5,
Quo Warranto in Elective Positions vs. In Rule 66]
Appointed Positions • He must aver and be able to show that
he is entitled to the office in dispute,
Elective Office Appointive Position otherwise the action may be dismissed
In quo warranto In appointive offices, at any stage. [General v. Urro, G.R.
involving elective the issue is the
No. 191560 (2011)]
office, the issue is validity of the
• A public utility may bring a quo
the eligibility of the appointment and his
warranto action against another public
respondent right to hold office
In elective office, the In appointive offices, utility which has usurped the rights of
occupant declared to the court will oust the the former granted under a franchise.
be ineligible will be person illegally [Cui v. Cui, G.R. No. 39773 (1934)]
unseated, but the appointed and will
Venue
petitioner will not sit. order the seating of
the person legally You can file it in the:
appointed
Quo warranto in In appointive office, 1) Supreme Court
election cases is quo warranto is 2) Court of Appeals
governed by the governed by 3) RTC
Omnibus Election Rule 66. • Follow hierarchy of Courts.
Code.
Under the Omnibus Under Rule 66, it
Election Code, quo presupposes that the
warranto must be respondent is already

130
Period to File Pleadings
• Period to file pleadings may be reduced
by the court;
• Quo warranto may be given
precedence over any other civil matter
pending in court.
Judgment in Quo Warranto Action (UP 2020)
• When respondent is found guilty of
usurping into, intruding into, or
unlawfully holding or exercising a
public office, position, or franchise,
judgment shall be rendered that:
1. Such respondent is ousted and
altogether excluded therefrom; and
2. Petitioner, as the case may be,
recovers his costs.
• Note: Further judgment may be
rendered determining the respective
rights in and to the public office,
position, or franchise of all parties to
the action as justice requires.
Prescription
The prescriptive period for filing an action or
petition for quo warranto is:
1. One year after the cause of such ouster
arose; or
2. One year after the right of the
petitioner to hold such office or
position arose;
3. An action for damages will also
prescribe in one year from the entry of
judgment establishing petitioner’s right
to hold office.
• The prescriptive period of one year
under Sec. 11 of Rule 66 does not
apply if the one who initiated the
petition is the government because
prescription will not lie against the
government. (Republic v. Sereno, G.R.
No. 237428, May 11, 2018)
131
RULE 67: EXPROPRIATION
• Expropriation is a means of enforcing
one of the three inherent powers of the
State which is the power of eminent
domain. In your political law, the three
inherent powers are: police power,
power of taxation, and power of
eminent domain.
What is the power of eminent domain?
• It is the power of the State to acquire
private property for public use upon
payment of just compensation.
• Expropriation is the process of
acquiring private property for public
use upon payment of just
compensation. It is the means by
which the government can acquire the
property. It is an action that you file in
court commenced by the filing of a
verified complaint.
HOW COMMENCED
• By filing a verified complaint in court
(RTC) stating the right and purpose of
the expropriation and describe the real
or personal property to be
expropriated.
• N.B. Rule 67 primarily governs
expropriation by the State through the
national government. Expropriation by
local governments is governed by the
Local Government Code of 1991.
• It is a right given to the national
government and in some instances the
national government may delegate it to
some government-run companies.
R.A. NO. 8974 (Nov. 7, 2000): FOR
GOVERNMENT INFRASTRUCTURE
PROJECTS
• Special law to facilitate the acquisition
of right of way, site or location for
national government infrastructure
projects. This includes projects under
RA 6957 known as the Build- Operate-
and-Transfer Law. This law is deemed
to amend the standard of initial
compensation in Rule 67 from assessed
value to market value or zonal value.

• Dean Monteclar: We all know that the
assessed value can be determined from
the tax declaration and which is
determined by the assessor. The
assessed value as reflected in the tax
declaration is much less than the
market value or the zonal value.
• So, it is unfair for the private land
owner if his land is taken by the
government for public use kay “down-
an” lang ka and the land can already
be taken by the government.
• Expropriation procedure under RA 8974
specifically governs expropriation for
national government infrastructure
projects.
• Basis of initial deposit is market value
of the property as stated in the TD or
the relevant zonal valuation.
• If expropriation by national
government is not for national
infrastructure projects, the assessed
value standard and the deposit mode
prescribed in Rule 67 continues to
apply.
• RA 8974 was amended by RA 10752
(March 7, 2016) which provides that
real property needed for right of way
site or locations for national
government projects may be acquired
by donation, negotiated sale,
expropriation or any other modes
of acquisition under the law.
• In negotiated sale, the government will
offer, as compensation the following:
1. Current market value of the land;
2. Replacement cost of structures and
improvements;
3. Current market value of crops and
trees.
• This is fair, di para sauna where you
will be paid a small amount. Now, they
will pay you for the market value of the
land, replace you for the cost of
structures and improvements, and the
market value for the crops and trees.
TAXES
132
In negotiated sale, the government will pay all
the taxes except real property taxes.
DEFENSES AND OBJECTIONS
• If defendant has objections, he must
file his answer to the complaint within
the time stated in the summons. He
must state all the grounds for his
objections, otherwise, those not stated
are deemed waived. No counterclaim,
cross-claim, or third-party complaint is
allowed.
• However, during the trial of the issue
of just compensation, defendant may
present evidence as to the amount of
compensation even if he has not
answered.
There are actually two stages in expropriation:
1. Order of Expropriation
2. Determination of Just Compensation
FIRST STAGE: ORDER OF EXPROPRIATION
• This is issued after the objections and
defenses of the defendant are
overruled OR no party appears to
defend his right.
• Just compensation shall be determined
as of the date of the taking OR the
filing of the complaint, whichever came
first.
• A final order sustaining the right to
expropriate may be appealed. There
can be multiple appeal here. One. For
the order of expropriation and another
for the issue of just compensation.
SECOND STAGE: DETERMINATION OF
JUST COMPENSATION
• After the rendition of the order of
expropriation, the court shall appoint
not more than three (3) competent and
disinterested persons as commissioners
to ascertain and report to the court the
just compensation.
• Objections to the appointment of any
of the commissioners shall be filed with
the court within ten (10) days from
service, and shall be resolved within
thirty (30) days.
• Just compensation is generally the fair
market value
MARKET VALUE
• Is the price which it will command
where it is offered for sale by one who
desired, but is not obliged to sell, and
is bought by one under no necessity of
having it.
BASIS OF JUST COMPENSATION
• The basis of just compensation shall be
the value (FMV) of the property at the
time of its taking OR of the filing of the
complaint, whichever came first,
(Section 4) plus the consequential
damages minus the consequential
benefits, provided that the
consequential benefits do not exceed
the assessed consequential damages
(Sec. 6). Legal interest must be paid as
a matter of law from the time the
government takes over the land until it
pays the owner thereof.
FORMULA: JC = FMV + CD – CB
Proceedings by Commissioners
1. Taking of oath;
2. Reception of evidence;
3. Allow parties to argue during hearing;
4. The commissioner shall assess and add
the consequential damages of the
property not taken and deduct from such
the consequential benefits. In no case
shall the consequential benefits exceed
the consequential damage.
Report by Commissioners
• The commissioners shall render a
report to the court which shall then be
the basis of the court’s judgment. Such
report must be made within 60 days
from appointment unless extended by
the court. upon the filing of the report,
the clerk of court shall immediately
notify the parties who are given ten
(10) days to make their objection if
they so desire.
Action Upon Commissioners' Report
1. Accept the report and render judgment
in accordance therewith;
133
2. Recommit the same to the
commissioners for further report of
facts; or
3. Set aside the report and appoint new
commissioners; or it may
4. Accept the report in part and reject it
in part;
5. Make such order that is fair and
reasonable to the parties.
Conflicting Ownership
• The trial court handling the
expropriation proceeding has the
jurisdiction to determine conflicting
claims of ownership over the property
involved in expropriation and to declare
the lawful owner thereof. (Republic v.
CFI of Pampanga, June 30, 1970)
• Even if there are conflicting claims, it
will not prevent the government from
going on with the project because it
can pursue whoever is the owner. The
government will just deposit the
amount in the depository bank.
Whoever wins, you collect the money
there.
• The court may order the deposit with
the court of the sum awarded as just
compensation for the benefit of person
adjudged as the rightful owner.
Possession by the Government After Payment
1. Possession by the government after
payment. The plaintiff shall have the
right to enter upon the property
expropriated and to appropriate it for
the public use or purpose defined in
the judgment, or to retain it should he
have taken immediate possession
thereof.
2. Deposit if owner refuses to accept
payment. If the defendant and his
counsel absent themselves from the
court, or decline to receive the amount
tendered, the same shall be ordered to
be deposited in court.
Entry Not Delayed by Appeal; Effect of
Reversal
• Entry is not delayed by appeal. If on
appeal the judgment is reversed, the
owner may recover damages.
WHEN TITLE TO PROPERTY VESTS
1. Personal property – upon payment of
just compensation;
2. Real property – Upon:
a. Payment of just compensation, and
b. Registration of property by recording of
the judgment in the RD where the
property is situated.
EXPROPRIATION BY LOCAL GOVERNMENT
UNITS (RA 7160)
WHO CAN FILE?
• The chief executive acting through an
ordinance.
CONDITIONS
a. A valid and definite offer must have
been previously made to owner and
was not accepted.
b. The LGU may immediately take
possession of the property upon
making the deposit of at least 15% of
the fair market value at the time of
taking.
• Just compensation of lands
expropriated under the Comprehensive
Agrarian Reform Law (RA 6657) is to
be determined by the RTC acting as a
Special Agrarian Court. The
determination of just compensation by
the DARAB pursuant to RA 6657 is only
recommendatory and not binding. The
final decision on the value of just
compensation lies solely on the RTC
acting as a Special Agrarian Court (LBP
v. Manzano, GR No 188243, January
24, 2018)
• The jurisdiction over all agrarian
matters is not transferred to the
DARAB but there are still matters
retained by the RTC and these are the
determination of just compensation
and prosecution of criminal offenses
involving the Comprehensive Agrarian
Reform Law.
134
VIII. SPECIAL PROCEEDINGS
WRIT OF HABEAS CORPUS
• It is a prerogative writ of liberty
employed to test the validity of a
person’s detention. If he is restrained
of his liberty, he or someone acting on
his behalf may file a petition for habeas
corpus for his release. This action shall
take precedence in the calendar of the
court, and must be acted upon
immediately.
• A petition for the issuance of a writ of
habeas corpus is a special proceeding
governed by Rule 102 of the Rules of
Court.
• It is directed to the person detaining
another, commanding him to produce
the body of the prisoner at a
designated time and place, with the
day and cause of his caption and
detention, to do, to submit to, and
receive whatever the court or judge
awarding the writ shall consider on his
behalf.
• Note: The ultimate purpose of the writ
of habeas corpus is to relieve a person
from unlawful restraint. It is a speedy
and effectual remedy to relieve persons
illegally confined or imprisoned without
sufficient legal cause.
• Thus, one who is lawfully detained, as
when he is detained by virtue of a final
judgment of conviction for a criminal
offense, cannot avail himself of this
remedy.
When Available
1. Where an individual is subjected to
physical restraint, such as arbitrary
detention. Note however that even
moral restraint is ground for issuance
of this writ, as where a housemaid is
prevented from leaving her employ
because of the influence of the person
detaining her.
2. It is also applicable in cases involving
the rightful custody over a minor. The
general rule is that parents should
have custody over their minor children.
But the State has the right to intervene
 where the parents, rather than care for
such children, treat them cruelly and
abusively, impairing their growth and
well-being and leaving them emotional
scars that they carry throughout their
lives unless liberated from such
parents and properly counseled.
When the Privilege of the Writ of Habeas
Corpus can be Suspended
• The President of the Philippines is
entrusted with the power to suspend
the privilege of the writ of habeas
corpus on to suppress lawless violence,
invasion or rebellion. (Article VII,
Section 18)
• Note: The determination of the
President of the existence of any of
grounds is no longer a political
question, but is one that may be raised
with the Supreme Court by any citizen.
The Supreme Court has the authority
to determine the sufficiency of the
factual basis of the suspension of the
privilege of the writ of habeas corpus.
Limitations to the Suspension of the Privilege
of the Writ of Habeas Corpus:
1. The President may call out the armed
forces to prevent or suppress lawless
violence, invasion or rebellion only.
2. The grounds for the suspension of the
writ of habeas corpus and the
proclamation of martial law are not
limited to invasion or rebellion when
the public safety requires it.
3. The duration of such suspension or
proclamation shall not exceed 60 days,
following which it shall be automatically
lifted.
4. Within 48 hours after such suspension
or proclamation, the President shall
personally or in writing report his
action to the Congress.
5. If not in session, Congress shall
convene within 24 hours following the
proclamation or suspension.
6. The Congress may, by majority vote of
all its members voting jointly, revoke
the President’s action. The revocation
may not be set aside by the President
135
7. By the same vote and in the same
manner, Congress may, upon the
initiative of the President, extend his
suspension or proclamation for a period
to be determined by the Congress if
the invasion or rebellion shall continue,
and the public safety requires the
extension.
8. The action of the President and the
Congress shall be subject to review by
the Supreme Court, which shall have
the authority to determine the
sufficiency of the factual basis of such
action. Moreover, the Supreme Court
must decide the challenge within 30
days from the time it is filed. (Note:
The SC cannot motu propio review the
action of the President and the
Congress, but only upon a challenge
filed by any citizen of the Philippines).
9. Martial law does not automatically
suspend the privilege of the writ of
habeas corpus or the operation of the
Constitution. The civil courts and the
legislative bodies shall remain open.
Military courts and agencies are not
conferred with jurisdiction over civilians
where civil courts are functioning.
10. The suspension of the privilege of the
writ of habeas corpus shall apply only
to persons facing charges of rebellion
or offenses inherent/directly connected
with invasion.
11. Any person arrested for such offenses
must be judicially charged within three
days. Otherwise, he shall be released.
WRIT OF AMPARO
• It is a remedy available to any person
whose right to life, liberty, and security
is violated or threatened with a
violation by an unlawful act or omission
of a public official or employee, or of a
private person or entity acting under
the directions or with the acquiescence
of the State. (Rule on the Writ of
Amparo, A.M. No. 07-9-12-SC, Sec. 1)
• Purpose: It serves both preventive and
curative roles in addressing the
problem of extrajudicial killings and
enforced disappearances. It is
preventive in that it breaks the
expectation of impunity in the
 commission of these offenses, and it is
leading to subsequent investigation
and action. (Rodriguez vs. Macapagal-
Arroyo, G.R. No. 191805, November
15, 2011)
• Evidence Required: For the protective
writ of amparo to issue in enforced
disappearance cases, allegation and
proof that the persons subject thereof
are missing are not enough. It must
also be shown by the required
quantum of evidence (substantial
evidence) that their disappearance was
carried out by, or with the
authorization, support or acquiescence
of a political government, followed by a
refusal to acknowledge or give
information on the fate or whereabouts
of said missing persons.
• Note: Government involvement in the
disappearance remains an
indispensable element.
Where Writ of Amparo is Not Applicable
1. Persons merely in the custody of the
police, and allegedly “under threat of
deprivation of liberty”;
2. Protection of property or commercial
rights;
3. In connection with threatened
demotion of a dwelling by virtue of a
final judgement of court.
WRIT OF HABEAS DATA
• It is a remedy available to any person
whose right to privacy in life, liberty
and security is violated or threatened
by an unlawful act or omission of a
public official or employee, or of a
private 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.
• The writ of habeas data was
conceptualized as a judicial remedy
enforcing the right to privacy, most
especially the right to informational
privacy of individuals. The writ
operates to protect a person’s right to
control information about himself,
particularly in the instances where such
information is being collected through
136
unlawful means in order to achieve
unlawful ends.
• Needless to state, there is an
indispensable requirement that there
be, at least by substantial evidence, of
an actual or threatened violation of the
right to privacy in life, liberty or
security (LLS) of the victim. (This
requires concrete allegations of
unjustified or unlawful violation of the
right to privacy in LLS, and should not
issue for purpose of “fishing
expeditions.”)
• Note: In order for the privilege of the
writ to be granted, there must exist a
nexus between the right to privacy on
one hand, and the right to life, liberty
and security on the other.
• Without an actionable entitlement in
the first place to the right to
informational privacy, a habeas data
petition will not prosper. (Vivares v. St.
Theresa’s College, G.R. No. 202666
September 29, 2014)
WRIT OF KALIKASAN
• It is a remedy available to a natural or
juridical person, entity authorized by
law, people’s organization,
nongovernmental 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, involving
environmental damage of such
magnitude as to prejudice the life,
health or property of inhabitants in two
or more cities or provinces. (A.M. No.
09-6-8-SC, April 13, 2010)
Requisites for the Issuance of the Writ
a. There is an actual or threatened
violation of the constitutional right to a
balanced and healthful ecology;
b. The actual or threatened violation
arises from an unlawful act or omission
of a public official or employee, or
private individual or entity; and
 c. The actual or threatened violation • If the defendant does not answer, the
involves or will lead to an court can declare him in default motu
environmental damage of such propio
magnitude as to prejudice the life, • Only SC can issue a TRO in
health or property of inhabitants in two Environmental Cases
or more cities or provinces • Consent Decree - any judicially
approved settlement to preserve the
environment.
• Temporary Environmental Protection
• Who may file: Natural or juridical
Order (TEPO)- If matter of extreme
persons, NGO or public interest groups
urgency and applicant would suffer
in behalf of persons whose right is
grave and irreparable injury
violated.
• Period of effectivity of TEPO= 72 hrs.
• Who has jurisdiction: Supreme Court
• The Court must conduct a hearing to
or Court of Appeals
determine propriety of extending TEPO.
• When is writ issued: Within three (3)
• The Judgment in Environmental cases,
days from the date of filing of the
not stayed by appeal.
petition, if the petition is sufficient in
• Environmental protection order- an
form and substance.
order to desist from performing an act
• Return of Respondent: Within a non-
for purposes of protecting the
extendible period of ten (10) days after
environment.
service of the writ, the respondent
• Writ of continuing mandamus- To
shall file a verified return which shall
perform an act that remains effective
contain all defenses; all defenses not
until full satisfaction.
raised are deemed waived.
• Strategic Lawsuit Against Public
• Hearing: Preliminary conference; same
Protection (SLAPP)- filed to harass or
priority as other writs (no more than
prevent a person from filing an
60 days).
environmental case.
• Reliefs: Permanent cease and desist
• SLAPP is applicable not only to suits
order against the respondent, directive
that are filed but also to suits that are
to respondent to protect, preserve,
about to be filed.
rehabilitate or restore the
• SLAPP may be used as a defense. If
environment; to monitor strict
rejected, the environmental case will
compliance with the decision and
continue. If it is found to be a SLAPP,
orders of the court, to make periodic
the case filed by the defendant to
reports on the execution of the final
harass the plaintiff will be dismissed
judgment, and other reliefs [Sec. 15,
WITH PREJUDICE.
Rule 7].
• Writ of continuing mandamus is issued
RULES OF PROCEDURE FOR when a government official neglects
ENVIRONMENTAL CASES (SUMMARY) the performance of a duty mandated
by law.
Kinds of cases covered: • The writ of continuing mandamus
would require the respondent to
1. Civil
perform his duties until full satisfaction
2. Criminal
of the judgment.
3. Special Civil Action
Provisional remedies available in
Where filed:
Environmental cases:
• In MTC/RTC
1. Attachment
Basic Principles of Environmental Cases 2. Environmental Protection Order and
3. Temporary Environmental Protection
• Any Filipino citizen can file a suit Order.

137
• In environmental cases, civil action is
deemed instituted with criminal action.
B. ETHICS (4 QUESTIONS)
• There is a provision on arrest in the
Rules.
• GR: Arrest must be upon warrant.
• Execption: Valid warrantless arrests
I. QUALIFICATIONS FOR NEW LAWYERS
under Rule 113, Sec. 5. (No provision
on escapees)
• Those arrested for violation of • Rule 138, Section 1. Who may practice
environmental laws may also apply for law. — Any person heretofore duly
bail in the same manner as provided in admitted as a member of the bar, or
Rule 114. hereafter admitted as such in
• If court grants bail, it may also issue a accordance with the provisions of this
hold departure order. rule, and who is in good and regular
• Pre-trial, to be conducted in 30 days. standing, is entitled to practice law.
• In environmental cases, courts adopt • Only Natural Persons Can be admitted
Precautionary Principle: to the Philippine Barand be allowed to
1. Human activities that may lead to Practice Law in the Philippines. (Ulep v.
threats and environmental damage Legal Clinic, 1993)
which is possible but uncertain. • CORPORATIONS ARE NOT
2. If lack of scientific certainty that ALLOWED TO PRACTICE LAW HERE!
human activity and environmental
Qualifications to be a Lawyer in the Philippines
damage are related.
1. Must be a Filipino citizen
-END OF TOPIC-
2. At least 21 years old
3. Of good moral character
4. A resident of the Philippines
5. No charges filed against him involving
moral turpitude
6. Passing of the Bar Examinations
7. Taking the Lawyer’s oath
8. Signing the Roll of Attorneys
9. Anyone desiring to be a lawyer must
have first completed a Bachelor’s
degree before entering law school.

Other Qualifications:

• No applicant shall be admitted to the

bar examinations unless he has
satisfactorily completed the following
courses in a law school or university
duly recognized by the government:
civil law, commercial law, remedial law,
criminal law, public and private
international law, political law, labor
and social legislation, medical
jurisprudence, taxation and legal
ethics. (Rule 138, Sec. 5)
• Section 5 of Rule 138, has been
amended, it now provides that all
applicants for admission to the bar
shall satisfactorily show that they have
successfully completed all the
prescribed courses for the degree of

138
 Bachelor of Laws or its equivalent
II. CODE OF PROFESSIONAL
degree in a law school or university
RESPONSIBILITY (CPR)
officially recognized by the Philippine
Government or by the proper authority
in the foreign jurisdiction where the • Prof Balmes: The CPR being an action
degree has been granted. (Bar Matter of the SC has the force and effect of
1153, Re: Letter of Atty. Estelito law and should be obeyed since it was
Mendoza, Proposing Reforms in the Bar issued pursuant to Section 5(5) Article
Examinations, March 9, 2010) VIII of the 1987 Constitution.
• As amended, Section 5 of Rule 138 • It is not a request or a plain listing but
now provides that Filipino citizens who a judicial command.
graduated from a foreign law school
Lawyer’s Oath
shall be admitted to the bar
examinations only upon submission to I, ________ do solemnly swear that I will
the SC of a certification showing: maintain allegiance to the Republic of the
Philippines, I will support the Constitution
1. Completion of all courses leading to the and obey the laws as well as the legal
Bachelor of Laws or its equivalent orders of the duly constituted authorities
degree; therein, I will do no falsehood, nor
2. Recognition or accreditation of the law consent to the doing of the same in court,
school by the proper authority; I will not wittingly nor willingly promote
3. Completion of all fourth-year subjects in or sue any groundless, false or unlawful
the bachelor of laws academic programs suit, nor give aid or consent to the same. I
in a law school duly recognized by the will delay no man for money or malice,
Philippine government. and I will conduct myself as a lawyer
according to the best of my knowledge
Continuing Qualifications for Admission to the
and discretion, with all good fidelity as
Bar
well to the courts as to my clients, and I
1. Good Moral Character impose upon myself this voluntary
2. Citizenship obligation without any mental reservation
or purpose of evasion. So help me GOD.
Qualifications of Lawyers who reacquire their
Philippine Citizenship • Prof Balmes: THE LAWYER’S OATH
IS THE SUMMARIZED VERSION OF
• Under RA 9225, if a person intends to THE CPR.
practice the legal profession in the
Philippines and reacquires Philippine Lawyer’s Oath as a Condensed Code of
citizenship pursuant to its provision, he Ethics
shall apply with the proper authority
I will maintain Canon 1; Rule 1.01;
for a license or permit to engage in
allegiance to the Rule 1.02;
such practice. Republic of the
• The Authority comes from the Supreme Philippines; I will
Court subject to compliance with the support its
following conditions: Constitution and
obey laws as well as
1. Updating and payment in FULL of the the legal orders of the
Annual Membership dues in the IBP; duly constituted
2. The payment of the professional tax; authorities there;
3. The completion of the required hours of I will do no falsehood, Rule 1.01; Rule 7.01;
Mandatory Continuing Legal Education nor consent to the Canon 10; Rule
(MCLE) doing of any court; 10.01; Rule 10.02;
Rule 12.06; Rule
• Note: MCLE must be current.
15.05; Rule 19.01
4. Retaking of the Lawyer’s Oath.
I will not wittingly nor Rule 1.03; Rule 1.04;
willingly promote or Canon 10; Rule

139
sue any groundless, 10.01; Rule 10.02; client's business except from him or with
false or unlawful suit, Rule 12.06; Rule his knowledge and approval;
or give aid nor 15.05; Rule 19.01 f. To abstain from all offensive personality
consent to the same; and to advance no fact prejudicial to the
I will delay no man for Rule 1.01; Rule 1.03; honor or reputation of a party or witness,
money or malice Rule 1.04; Canon 12; unless required by the justice of the cause
Rule 12.01; Rule with which he is charged;
12.02; Rule 12.03;
g. Not to encourage either the
Rule 12.04; Rule
commencement or the continuance of an
14.04; Canon 18;
Rule 18.02; Rule action or proceeding, or delay any man's
18.03; Rule 18.04; cause for any corrupt motive or interest;
Canon 19; Rule h. Never to reject, for any consideration
20.03; Rule 20.04 personal to himself, the cause of the
I will conduct myself Canon 2; Canon 7; defenseless or oppressed;
as a lawyer according Canon 8; Canon 10; i. In the defense of a person accused of a
to the best of my Canon 11; Rule crime, by all fair and honorable means,
knowledge and 11.01; Rule 11.02; regardless of his personal opinion as to the
discretion with all Rule 11.03; Rule guilt of the accused, to present every
good fidelity as well to 11.04; Rule 11.05; defense that the law permits, to the end
the courts as to my Canon 12; Canon 13; that no person may be deprived of life or
clients; Canon 15; Rule
liberty, but by due process of law.
15.01; Rule 15.02;
Rule 15.03; Canon
16; Rule 16.01; Rule
16.02; Rule 16.03; • Lawyer’s role to the Society
Rule 16.04; Canon (Canons 1-6)
17; Canon 18; Rule
18.02; Rule 18.03; A. Respect for Law and Legal
Rule 18.04; Canon Processes
19; Rule 19.01; Rule
19.02; Canon 21; CANON 1- A lawyer shall uphold the
Canon 22
Constitution, obey the laws of the land and
promote respect for law and legal
Duties of an Attorney (Rule 138, Sec. 20) processes.

a. To maintain allegiance to the Republic of Rule 1.01- A lawyer shall not engage in
the Philippines and to support the any unlawful, dishonest, immoral or
Constitution and obey the laws of the deceitful conduct.
Philippines;
• This is a catch-all provision.
b. To observe and maintain the respect due
• Unlawful conduct- any action or
to the courts of justice and judicial officers;
omission which is against the law.
c. To counsel or maintain such act ions or
• Dishonesty involves lying and cheating
proceedings only as appear to him as just,
• Immoral conduct has been defined as
and such defenses only as he believes to
conduct which is willful, flagrant,
be honestly debatable under the laws;
shameless which shows an indifference
d. To employ, for the purpose of maintaining
to the opinion of the good and
the causes confided to him, such means
respectable members of the
only as are consistent with truth and
community (Ui v. Bonifacio, 2000)
honor, and never seek to mislead the
• Examples of grossly immoral acts:
judge or any judicial officer by an artifice
1. Pursuing a married woman
or false statement of fact or law;
2. Rape of a neighbor’s wife
e. To maintain inviolate the confidence, and
3. Obtaining money from the client
at every peril to himself, to preserve the
without rendering proper legal
secrets of his client, and to accept no
services
compensation in connection with his
4. Falsifying documents

140
 5. Issuing checks without sufficient
funds to cover the same.
Rule 1.02- A lawyer shall not counsel nor
abet activities aimed at defiance of the
law or at lessening confidence in the legal
profession.
• A lawyer should advise his client to
uphold the law, not disobey it.
Rule 1.03- A lawyer shall not, for any
corrupt motive or interest, engage in any
suit or delay for any man’s cause
• Barratry- stirring up quarrels for
litigation.
• Ambulance-chasing- unethical practice
of inducing personal injury victims to
bring up suits. Frequenting hospitals
and homes of injured people to
convince them to bring the matter up
to court.
Rule 1.04- A lawyer shall encourage his
clients to avoid, end or settle a
controversy if it will admit of a fair
settlement.
• Lawyers must encourage settlements
and try to avoid litigations.
• It is the duty of the lawyer to advise
his client who is ordinarily not well
versed in the law, of the merit or lack
thereof of his suit.
• A lawyer’s oath to uphold justice is
superior to his duty to the client.
B. Efficient and Convenient Legal
Services
CANON 2- A Lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness of
the profession.
• Free access to the courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty (Article
III, Section 11, 1987 Constitution)
Rule 2.01- A lawyer shall not reject,
except for valid reasons, the cause of the
defenseless or the oppressed.
141
• Lawyers shall not ordinarily reject an
appointment to be a counsel de oficio.
• Lawyers covered by the Rule on
Community Legal Aid Services are
mandated to render at least 120 hours
of legal services pro bono to qualified
clients (Although this has been
suspended by the SC)
Rule 2.02- In such cases, even if a lawyer
does not accept a case, he shall not refuse
to render legal advice to the person
concerned if only to the extent necessary
to the safeguard of the latter’s rights.
• Lawyers must still give legal advice to
the defenseless and the oppressed,
even in the absence of atty-client
relationship.
Rule 2.03- A lawyer shall not do or permit
to be done any act designed to primarily
solicit legal business.
• Lawyers cannot solicit legal business
• Law is not a business but a profession.
• A lawyer is not prohibited from
engaging in business or other lawful
occupation. There is impropriety
however, when the business is
conducted in a way that is inconsistent
with the lawyer’s duties as a member
of the Bar. (Villatuya v. Tabalingcos,
2012).
Rule 2.04- A lawyer shall not charge rates
lower than those primarily prescribed
unless the circumstances so warrant.
• Lawyers cannot charge lower than the
customary rates prescribed by the IBP
Chapter where he/she is practicing.
C. True, honest, fair, dignified, and
objective information on legal
services.
CANON 3- A lawyer, in making known his
legal services, shall use only true, honest, fair,
dignified and objective information or
statement of facts.
Rule 3.01- A lawyer shall not use or
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
regarding his qualifications or legal
services.
Allowable advertisement for lawyers:
1. Ordinary professional card;
2. Publication in a reputable law list, with
brief biological data such as:
a. Name
b. Associates
c. Address
d. Phone numbers
e. Branches of law practiced
f. Birthday
g. Date admitted to the Bar
h. Schools attended
i. Degrees and distinctions
j. Other relevant information (Ulep v.
Legal Clinic. 1993)
• Lawyers may enter into other business
ventures that is not inconsistent with
the duties and principles of the legal
profession.
Rule 3.02- In the choice of the firm name,
no false, misleading or assumed name
shall be used. The continued use of the
name of a deceased partner is permissible
provided the firm indicates in all its
communications that the said partner is
deceased.
• Deceased lawyer’s name may still be
used in partnership name. But all
communications must indicate him or
her as deceased, such as putting a
cross mark above his/her name.
Rule 3.03 - Where a partner accepts
public office, he shall withdrawal from the
firm and his name shall be dropped from
the firm name unless the law allows him
to practice law currently.
• A Partner who accepts public office
shall cause his name to be withdrawn
from the firm name.
• Purpose: To prevent the law firm from
using the public official’s name to
solicit and attract legal business, and
to avoid suspicion of undue influence.
Rule 3.04 – A lawyer shall not pay or give
anything of value to representatives of
the mass media in anticipation of, or in
return for, publicity to attract legal
business.
142
• Lawyers cannot pay for publicity
D. Participation in the improvements and
reforms in the legal system.
CANON 4 - A lawyer shall participate in the
development of the legal system by initiating
or supporting efforts in law reform and in the
improvement of the administration of justice.
Examples:
• Presenting position papers or
resolutions for the introduction of
pertinent bills to Congress
• Submitting petitions for the
amendment and improvements of the
Rules of Court
• Writing books or legal publications to
improve the legal system.
CANON 5 - A lawyer shall keep abreast of
legal developments, participate in continuing
legal education programs, support efforts to
achieve high standards in law schools as well
as in the practical training of law students and
assist in disseminating the law and
jurisprudence.
• Mandatory Continuing Legal Education
(MCLE)- A precondition to show proof
that lawyers are abreast with the latest
in law and jurisprudence.
CANON 6 - These Canons shall apply to
lawyers in government services in the
discharge of their tasks.
• These canons apply with equal force to
lawyers in the government.
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.
• A fiscal must also make sure that the
rights of the accused person is upheld,
the primary job of the fiscal is not to
win the case, but to ensure that justice
is served.
Rule 6.02 - A lawyer in the government • Every lawyer is required to be a
service shall not use his public position to member of the IBP.
promote or advance his private interests, • Integration does not make a lawyer a
nor allow the latter to interfere with his member of any group where he is not
public duties. already a member. Upon passing the
Bar Examinations, taking the oath, and
• Lawyers on government practice signing the Roll, he already
cannot use their positions to advance automatically becomes a member of
their private interests. the IBP.
• Government lawyers may engage in • Every IBP member is required to pay
private practice, as long as: his dues.
• Failure to pay IBP dues in 6 months=
1. Private practice is authorized by SUSPENSION.
the Constitution and the law • Failure to pay dues for 1 year=
2. The engagement in private practice removal from Roll of Attorneys.
will not tend to conflict with public • The SC has the inherent power to
duties regulate membership in the Bar, and to
3. In certain instances, the impose membership fees therefor.
permission of the head of the
government agency must first be
obtained before a government
lawyer can engage in private • The Lawyer and the Legal
practice. Profession

E. Upholding the Dignity and Integrity of the

Rule 6.03 - A lawyer shall not, after Profession
leaving government service, accept
engagement or employment in connection CANON 7 - A lawyer shall at all times uphold
with any matter in which he had the integrity and dignity of the legal profession
intervened while in said service. and support the activities of the Integrated
Bar.
• How government lawyers leave
government service: • Lawyers must uphold the dignity and
integrity of the legal profession.
1. Retirement • A lawyer must have high standards of
2. Resignation honesty, proficiency, and fairness to be
3. Expiration of term of office an effective instrument in the
4. Abandonment administration of justice.
5. Dismissal
6. Death while in office. Rule 7.01 - A lawyer shall be answerable
for knowingly making a false statement or
• GR: Private practice allowed suppressing a material fact in connection
immediately after termination of with his application for admission to the
government services. bar.
• XPN: If the government lawyer
• A student desiring to be a member of
intervened in the case, cannot
the Bar must study and observe the
represent in court PERMANENTLY
duties and responsibilities of the CPR.
• If not intervened, one year.
• The CPR also applies to law students.
2. The Legal Profession • Bar applicants cannot suppress any
material fact in his application to the
a. Integrated Bar of the Philippines (IBP) Bar.
• It is the concealment of any material
• The IBP was created to elevate the
fact that is punishable.
standards of the legal profession and to
• Penalties for concealment:
improve the administration of justice.

143
 1. If before admission to the Bar,
disqualification to take the Bar
2. If concealment discovered after the
taking of the Bar Exams,
prohibition from taking the oath
and signing the Roll.
3. If concealment was discovered
after admission to the Bar,
revocation of license.
Rule 7.02 - A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
respect to character, education, or other
relevant attribute.
• A lawyer should not execute an
affidavit of good moral character to a
person he knows does not fit the moral
standards to become a member of the
Bar.
Rule 7.03 - A lawyer shall not engage in
conduct that adversely reflects on his
fitness to practice law, nor shall he
whether in public or private life, behave in
a scandalous manner to the discredit of
the legal profession.
• Every lawyer should act in a way that
he conducts himself in a manner that
exudes confidence in the legal
profession.
• GR: Lawyers cannot be disciplined for
acts committed in his private capacity
• XPN: Where the violation is so gross,
flagrant, and shameless as to affect his
good moral character, which is a
continuing requirement to be a
member of the Bar.
CANON 8 - A lawyer shall conduct himself with
courtesy, fairness and candor towards his
professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Rule 8.01 - A lawyer shall not, in his
professional dealings, use language which
is abusive, offensive or otherwise
improper.
• A lawyer may use forceful language,
but it must at all times be dignified and
respectful.
144
• Lawyers should not use offensive
language in his pleadings and other
documents.
Examples of Improper Language:
1. Behaving badly in a trial court while a
case was pending (Bugaring v.
Espanol, 2001)
2. Calling the adverse counsel “bobo”
(Castillo v. Padilla, 1984)
3. Sating that justice is not only blind, but
“deaf and dumb” (In Re: Almacen,
1970)
4. Calling complainant “Reyna ng
Kaplastikan” “Reyna ng Kapalpakan”
and other derogatory remarks and
insinuating that she has been bribing
officials to get favorable dealings with
various government offices (Belo-
Henares v. Guevarra, 2016)
Rule 8.02 - A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer, however,
it is the right of any lawyer, without fear
or favor, to give proper advice and
assistance to those seeking relief against
unfaithful or neglectful counsel.
• A lawyer may accept a case previously
handled by another lawyer.
• He may also assist any client against a
negligent lawyer.
• A lawyer may also associate himself as
a colleague in a case provided that the
original lawyer was notified.
CANON 9 - A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
law.
Rule 9.01 - 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.
• A lawyer cannot give to those
unqualified to practice law duties that
would constitute the practice of law
such as:
1. Giving of legal advice
2. Preparation of documents requiring
legal knowledge
 3. Appearances in behalf of clients
before any court or quasi-judicial
or administrative agency.
• Appearance as counsel after passing
the Bar but before taking the oath or
signing the Roll is unauthorized
practice of law (Aguirre v. Rana,
2003).
• A lawyer who only signed the Roll of
Attorneys belatedly after practicing in
law for many years is also engaged in
unauthorized practice of law (In Re:
Petition to Sign the Roll of Attorneys
Michael Medado, 2013).
Rule 9.02 – 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
(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.
• Allowing non-lawyers to receive
attorney’s fees may confuse the public
as to who to consult.
• While non-lawyers may appear before
the Labor Arbiter or the NLRC, they are
not entitled to attorney’s fees.
• The Lawyer and the Courts
CANON 10 - A lawyer owes candor, fairness
and good faith to the court.
• The lawyer’s duty is first and foremost
to the court. Should there be a conflict
between the duties of the lawyer to his
clients, and the duty of the lawyer to
the courts, the latter should prevail.
• The lawyer should observe candor in all
his dealings with the court.
145
• The lawyer should not withhold vital
facts that could have an effect to the
outcome of the trial
• The lawyer has the duty to inform the
court as to any development in the
case outside the information of the
court, such as the death of parties, or
any other matter that could render the
petition moot and academic.
Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of any
in Court; nor shall he mislead, or allow the
Court to be misled by any artifice.
• A lawyer should not conceal the truth
from the court. The lawyer should not
mislead the court in any matter.
Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of
a paper, the language or the argument of
opposing counsel, or the text of a decision
or authority, or knowingly cite as law a
provision already rendered inoperative by
repeal or amendment, or assert as a fact
that which has not been proved.
• In citing the SC’s decisions, it should
be reproduced the same word-for-
word, and even the punctuation marks
should be on point.
• A mistake in the citation of the case
due to inadvertence is not a violation
of this rule.
Rule 10.03 - A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
• The rules of procedure are there to
facilitate the serving of justice and not
to defeat them. The SC has, in a
plethora of jurisprudence set aside
technical rules of procedure when its
application would frustrate rather than
promote the ends of justice (Pablo v.
People, 2016).
CANON 11 - A lawyer shall observe and
maintain the respect due to the courts and to
judicial officers and should insist on similar
conduct by others.

Rule 11.01 - A lawyer shall appear in
court properly attired.
• A lawyer who comes to court
improperly attired may be cited for
contempt.
• Proper attire:
1. For men: Barong Tagalog, black
slacks, black socks, leather shoes.
OR Suit and tie with necktie.
2. For Women: Blazer, skirt or slacks,
appropriate shoes.
• This dress code applies to the judge,
court staff, lawyers, the parties to the
case, and the witnesses.
Rule 11.02 - A lawyer shall punctually
appear at court hearings.
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing
language or behavior before the Courts.
• Lawyers may criticize the decisions and
actuations of judges and the courts, as
part of their freedom of expression and
right of redress of grievances towards
the government.
• Be that as it may, such criticisms must
also be respectful and should be done
through legitimate channels and means
(In Re: Almacen, 1970).
Rule 11.04 - A lawyer shall not attribute
to a Judge motives not supported by the
record or have no materiality to the case.
• The quantum of evidence in seeking
inhibitions of a judge is CLEAR AND
CONVINCING EVIDENCE.
• Absence of any proof to the allegation
against the judge is a ground for direct
or indirect contempt as the case may
be. (Rule 71, Rules of Court).
Rule 11.05 – A lawyer shall submit
grievances against a Judge to the proper
authorities only.
• A lawyer who has grievances towards a
Judge may file a case against such
Judge before the SC through the Office
of the Court Administrator, or even to
the IBP.
146
CANON 12 - A Lawyer shall exert every effort
and consider it his duty to assist in the speedy
and efficient administration of justice.
Rule 12.01 - A lawyer shall not appear for
trial unless he has adequately prepared
himself on the law and the facts of his
case, the evidence he will adduce and the
order of its preference. He should also be
ready with the original documents for
comparison with the copies.
• A lawyer must always come to court
prepared. This is so that he may be
able to effectively assist his client and
the court ultimately in the
administration of justice.
Consequences of non-preparation:
1. Postponement of the hearing of the
case;
2. The judge may consider the client in
default or non-suited;
3. The judge may consider the case
submitted for decision without the
client’s evidence, to the prejudice of
the client.
Rule 12.02 - A lawyer shall not file
multiple actions arising from the same
cause.
• This provision prohibits forum
shopping.
• There is forum shopping when there
exist:
a. Identity of parties, or at least such
parties as represent the same
interests in both actions,
b. Identity of rights asserted and
relief prayed for, the relief being
founded on the same facts, and
c. The identity of the two preceding
particulars is such that any
judgment (Fels Energy v. Province
of Batangas, 2007).
• The effect of forum shopping is that
the case should be dismissed on the
ground of res judicata or litis pendentia
as the case may be (Zamora v.
Quinan, 2017)
 • Every initiatory pleading must attach a
certification of non-forum shopping
(Rule 7, Sec. 5, 2019 Amended Rules
on Civil Procedure)
• Effect of failure to comply with this
requirement: Failure to comply with
the foregoing requirements shall not be
curable by mere amendment of the
complaint or other initiatory pleading
but shall be cause for the dismissal of
the case without prejudice, unless
otherwise provided, upon motion and
after hearing.
• Effect of submission of a false
certification: The submission of a false
certification or non-compliance with
any of the undertakings therein shall
constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions. If
the acts of the party or his counsel
clearly constitute willful and deliberate
forum shopping, the same shall be
ground for summary dismissal with
prejudice and shall constitute direct
contempt, as well as a cause for
administrative sanctions. (Rule 7, Sec.
5, 2019 Amended Rules on Civil
Procedure)
Rule 12.03 - A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting the same
or offering an explanation for his failure
to do so.
• This provision censures the practice of
lawyers who secure repeated
extensions of time to file pleadings and
other relevant documents and letting
the time pass without filing the said
documents without providing an
explanation why they failed to submit
such documents.
Rule 12.04 - A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse Court processes.
• Once a judgment has become final and
executory, the prevailing party should
not be denied the fruits of his victory
by some act by the losing party that
would frustrate the judgment
(Achacoso v. CA, 1973).
147
Rule 12.05 - A lawyer shall refrain from
talking to his witness during a break or
recess in the trial, while the witness is
still under examination.
• This is to prevent the suspicion that
the lawyer is coaching the witness as
to what to say during the resumption
of the examination.
• This is also to uphold and maintain
fairness to prevent the examining
lawyer from being tempted to coach
his own witness to suit his purpose
(Callanta).
Rule 12.06 - A lawyer shall not knowingly
assist a witness to misrepresent himself
or to impersonate another.
• While a lawyer may interview clients
and witnesses in advance of trials
(deposition), a lawyer should avoid any
instance or suspicion that the lawyer is
attempting to influence the witness.
• Lawyers and witnesses who engage in
this may be guilty of subordination to
perjury, perjury or false testimony,
among other crimes and other causes
of disciplinary action.
Rule 12.07 - A lawyer shall not abuse,
browbeat or harass a witness nor
needlessly inconvenience him.
• Rights and obligations of a witness. —
A witness must answer questions,
although his answer may tend to
establish a claim against him.
However, it is the right of a witness:
(1) To be protected from irrelevant, improper,
or insulting questions, and from harsh or
insulting demeanor;
(2) Not to be detained longer than the
interests of justice require;
(3) Not to be examined except only as to
matters pertinent to the issue;
(4) Not to give an answer which will tend to
subject him to a penalty for an offense unless
otherwise provided by law; or
(5) Not to give an answer which will tend to
degrade his reputation, unless it to be the very
fact at issue or to a fact from which the fact in
issue would be presumed. But a witness must
answer to the fact of his previous
conviction for an offense. (Rule 132, Sec. 3,
2019 Amended Rules of Evidence)
Rule 12.08 - A lawyer shall avoid
testifying in behalf of his client, except:
(a) on formal matters, such as the
mailing, authentication or custody of an
instrument, and the like; or
(b) on substantial matters, in cases where
his testimony is essential to the ends of
justice, in which event he must, during his
testimony, entrust the trial of the case to
another counsel.
• Purpose: To avoid the situation of
impropriety where the lawyer acts in a
dual capacity where he acts as a
witness and as an advocate. (Agpalo)
• When the lawyer may not testify as a
witness:
1. When such would adversely affect
any lawful interest of the client
with respect to the confidence that
has been reposed in him (referring
to confidential communications
between lawyer and client)
2. When, despite being on a retainer,
he testifies AGAINST his client
3. When his testimony would violate
confidentiality
4. When he is to testify in court in his
capacity as a lawyer.
When lawyer may testify:
1. On formal matters (mailing,
authentication, custody of
document)
2. As an expert on his fee
3. Acting as an Arbitrator
4. Deposition
5. On substantial matters where his
testimony is essential to the ends
of justice. In which case, he must
entrust the trial to another counsel
(PNB v. Uy Teng Piao, 1932).
CANON 13 - A Lawyer shall rely upon the
merits of his cause and refrain from any
impropriety which tends to influence, or gives
the appearance of influencing the court.
final • The judiciary, as the branch of
government tasked to administer
justice, to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
afford redress of wrongs for the
violation of said rights must be allowed
to decide cases independently, free of
outside influence and pressure (In Re:
Published Alleged Threats against the
Members of the Court in the Plunder
Case hurled by Atty. De Vera, 2002)
• The court will not hesitate to punish in
contempt those who will exert efforts
to attempt to pressure the courts into
deciding a particular way. (Nestle
Philippines Inc. v. Sanchez, 1987)
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to,
nor seek opportunity for cultivating
familiarity with Judges.
• In order to avoid suspicion to both the
lawyer and the judge, the practice of
making judges and prosecutors as
godfathers to their children should be
avoided.
• It is improper for a lawyer with a
pending case before a judge to talk to
such judge in her chambers on any
matter regarding the case pending
before her sala. (Austria v. Masaquel,
1967)
Rule 13.02 - A lawyer shall not make
public statements in the media regarding
a pending case tending to arouse public
opinion for or against a party.
• Purpose: To safeguard the rights of the
a
parties (whether in a civil, criminal or
administrative case) to a fair trial.
Interference by the media could distort
the trial and ultimately prejudice the
administration of justice.
• Making public statements to the media
about the merits of the case could
constitute indirect contempt under Rule
71 of the Rules of Court.
• When 2 fundamental rights are pitted
against each other, such as the right to
a free press and the right to
information on matter of public concern
on one hand, and the rights of the
accused on the other hand, the rights
148
 of the accused should be preferred to
win, considering the possibility of
losing either the life or liberty of the
accused (Re: Request for Radio-TV
Coverage of the Trial in the
Sandiganbayan of Former President
Joseph Estrada, 2001).
Rule 13.03 – A lawyer shall not brook or
invite interference by another branch or
agency of the government in the normal
course of judicial proceedings.
• This is to protect and preserve the
independence of the judiciary and to
give due respect to the other branches
of government in their fields, pursuant
to the principle of separation of
powers.
The Lawyer and the Client
• The relationship between a lawyer and
his client is:
1. Strictly personal
2. Highly confidential
3. Fiduciary
• A written contract, although the best
evidence of an atty-client relationship,
is not necessary to establish the
existence of such relationship.
• Retainer: An act where the client
engages the services of an atty for a
fee to defend or prosecute his case in
court (either general or special) OR a
fee which the client pays to an atty
when the latter is retained.
CANON 14 - A Lawyer shall not refuse his
services to the needy.
• A lawyer is not obliged to act as legal
counsel for everyone. He may decline
to represent a client.
• Instances when a lawyer MUST decline
employment:
1. When it would violate the rules of the
legal profession
2. Nullification of a contract he prepared
149
3. Advocacy in any matter which he
intervened while in government
service.
4. Employment would be a means to
advertise his skills
5. Any matter which he knows or has
reason to believe that his partner will
be an essential witness for the
perspective client.
XPNS:
1. A lawyer shall not refuse his services to
the needy
2. A lawyer cannot decline to render
services on account of one’s race, sex,
creed or status in life
3. A lawyer may not refuse to render
services to an indigent client unless:
a. He is not in a position to work for
such client (e.g., the lawyer is
absolutely prohibited from
engaging in the private practice of
law)
b. The lawyer would be laboring
under a conflict of interest.
Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of
the latter's race, sex. creed or status of
life, or because of his own opinion
regarding the guilt of said person.
• It is the duty of a lawyer to represent
his client, and defend him, regardless
of his personal opinion of the person of
the client or of his guilt thereof.
Rule 14.02 - A lawyer shall not decline,
except for serious and sufficient cause, an
appointment as counsel de officio or
as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
• Counsel de oficio- a lawyer appointed
by the court to represent an accused
who cannot afford the services of
counsel.
• Counsel de parte- One employed by
the party himself.
Who may act as counsel de officio:
 1. Any lawyer who can sufficiently defend
the rights of the accused.
2. In localities WITHOUT LAWYERS:
a. Any resident of good repute (this is
only available in the MTC in places
where there are no lawyers)
b. A municipal judge or court
employee may act as a counsel de
oficio for an indigent accused in
places where there are no
practicing attorneys.
A counsel de oficio may be appointed:
1. Before arraignment, when the
court informs the accused of his
right to counsel, and the accused
does not have a counsel and the
accused desires to have a counsel.
2. If accused is detained, and an
appeal is lodged, the clerk of court
is bound to ask the accused
whether he would like a counsel de
oficio to be appointed.
Rule 14.03 - A lawyer may not refuse to
accept representation of an indigent client
unless:
(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.
• Even if the lawyer declines
employment, he shall not refuse to
render legal advice to the person
concerned if only to protect his rights.
Rule 14.04 - A lawyer who accepts the
cause of a person unable to pay his
professional fees shall observe the same
standard of conduct governing his
relations with paying clients.
• Even if the client has no means to pay,
the lawyer must still act on the client’s
case with due diligence and adequate
preparation.
150
CANON 15 - A Lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.
Rule 15.01. - A lawyer, in conferring with
a prospective client, shall ascertain as
soon as practicable whether the matter
would involve a conflict with another
client or his own interest, and if so, shall
forthwith inform the prospective client.
• Conflict search — it is examining the
causes of action between the
prospective client and the lawyer’s
current clients.
• Purpose: By conducting a conflict
search, the lawyer will be able to
determine, in the first instance, if he is
barred from accepting the
representation through conflicts with
his present clients or the lawyer’s own
interest.
Three test to determine the existence of
conflicting Interests:
1. Conflicting Duties — When, on behalf
of one client, it is the attorney’s duty to
contest for that which his duty to
another client requires him to oppose
or when possibility of such situation
will develop.
2. Invitation of Suspicion — Whether the
acceptance of the new relation will
prevent a lawyer from the full
discharge of his duty of undivided
fidelity and loyalty to his client or will
invite suspicion of unfaithfulness or
double dealing in the performance
thereof.
3. Use of Prior Knowledge Obtained —
Whether a lawyer will be called upon in
his new relation to use against the first
client any knowledge acquired in the
previous employment.
Types of Conflict of Interest
1. Concurrent or Multiple Representations —
Generally occurs when a lawyer represents
clients whose objectives are adverse to each
other, no matter how slight or remote such
adverse interest may be.
 2. Sequential or Successive Representation
• Involves representation by a law firm
of a present client who may have an
interest adverse to a prior or former
client of the firm.
NOTE: What is material in determining whether
there is a conflict of interest in the
representation is probability, not certainty
of conflict.
• Good faith is not a defense
Tests for concurrent or multiple
representations:
XPNS:
a. Whether a lawyer is duty-bound to
fight for an issue or claim in behalf of
one client and, at the same time, to
oppose that claim for the other client;
b. Whether the acceptance of a new
relation would prevent the full
discharge of the lawyer’s duty of
undivided fidelity or loyalty to the
client;
• Under the 2019 Amendments, the
privilege does not only cover person
licensed to practice law. It extends to
any person reasonably believed to be
licensed to practice law.
• Communication must be given in
confidence. Includes advice given by
lawyer.
• If advice is for an illegitimate purpose,
the privilege no longer applies.
• It is not required that relationship must
be perfected and consummated for this
to apply. The privilege extends to any
preliminary information given.
(1) Furtherance of criminal cause
• Made in furtherance of crime or fraud.
This is an offshoot of People v
Sandiganbayan, G.R. No. 115439-41,
July 16, 1997, where Congressman
Paredes w lawyer suggested they
falsify some court records. Lawyer
became state witness. Objected to on
the ground of private communication.

c. Whether the acceptance of new

• SC said that it only involves legitimate
relation would invite suspicion of
professional engagement. Only future
unfaithfulness or double dealing in the
crime or fraud.
performance of the lawyer’s duty of
undivided fidelity and loyalty; and RECKONING DATE: look at date
communication was made. Not the date the
d. Whether, in the acceptance of a new
law was called to testify
relation, the lawyer would be called
upon to use against a client (2) Claimants thru same deceased
confidential information acquired client
through their connection. • Lawyer used to have a client who then
died. After death a dispute arises some
Rule 15.02.- A lawyer shall be bound by transactions/acts of client and other
the rule on privilege communication in parties are involved. Disputing parties
respect of matters disclosed to him by a assert claims through deceased client.
prospective client. Any communication of dead client to
lawyer is not under the privilege.
• Concept of extended privilege
communication. (3) Case between lawyer and client
• This is to encourage full disclosure of • If client sues lawyer, client can disclose
the facts by the client to the lawyer. info between them. If client is the one
• The privilege survives death and who breachers, can lawyer disclose?
termination of the attorney- client
Yes even if he is not the privilege
relationship.
holder
• The privilege extends to any person
who may have assisted in professional • Based on principle of self defense
service (attorney’s secretary,
assistants, paralegals, stenographers, (4) Client sues lawyer
etc.) • If client sues lawyer, client can disclose
information between them. This

151
 amounts to a waiver to invoke
privileged communication. Lawyer now
has all the right to defend himself
• If client is the one who breaches, the
lawyer can disclose even if he is not
the privilege holder. This is based on
principle of self defense
(5) Document attested by lawyer
• Some writers comment that this is not
an exception. There is no legal service
done.
(6) Joint clients
• Several clients under one lawyer for a
common interest. Exchange of
communication will transpire between
parties. If a dispute arises among
clients in the future, the common
lawyer may disclose information
obtained by any of the parties. Joint
client waives the privilege as they
know that their information shall be
shared amongst themselves. This will
not apply if parties agree that
information shall remain confidential.
• GR: Identity of client is not
confidential. Lawyer may be compelled
to disclose identity
• XPN: If identity will provide link to
incriminate client (Regala v.
Sandiganbayan, 1997)
Rule 15.03. - A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a full
disclosure of the facts.
• The rule prohibiting conflict of interests
is to prevent a situation where a lawyer
would be representing a client whose
interest is directly adverse to any of his
present or former clients (Tulio v.
Buhangin, 2016).
• There is the presence of conflicting
interests when a lawyer represents
inconsistent interests of two or more
opposing parties (Hornilla v. Salunat,
2003)
• When a lawyer is disqualified from
appearing as counsel because of
conflict of interest with the law firm he
represents, any member of such law
152
firm is also disqualified (Hilado v.
David, 1949).
• Representation of clients with
conflicting interests is allowed when
the client consents in writing and the
lawyer concerned disclosed all the
facts.
Rule 15.04. - A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
• A lawyer, who is knowledgeable in the
law, can act as arbitrator or mediator
to help the parties settle their dispute
amicably.
Rule 15.05. - A lawyer when advising his
client, shall give a candid and honest
opinion on the merits and probable results
of the client's case, neither overstating
nor understating the prospects of the
case.
• A lawyer is bound to give an honest
opinion on the merit or lack of merit of
a client’s case. He should give an
honest opinion on the outcome of a
case.
Rule 15.06. - A lawyer shall not state or
imply that he is able to influence any
public official, tribunal or legislative body
• This provision prohibits influence
peddling. Where a lawyer states that
he is able to win a case by influencing
or bribing the government agency
involved. This just shows the
incompetence of the lawyer that he has
to rely on connections or influence in
order to win a case, rather than
winning a case based on the merits
thereof.
Rule 15.07. - A lawyer shall impress upon
his client compliance with the laws and
the principles of fairness.
• A lawyer should impress on his clients
compliance with the law, and he should
not allow his clients to disobey or defy
the law.
• A lawyer is allowed to discharge
himself from representing a client who
 uses the lawyer to be able to commit a
crime or a fraud.
Rule 15.08. - 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.
• Exercise by a lawyer of a dual
profession is not prohibited but a
lawyer must make it clear when he is
acting in another capacity, especially in
occupations related to the practice of
law.
• Purpose: Certain ethical considerations
may be operative in one profession and
not in the other profession.
CANON 16 - A Lawyer shall hold in trust all
moneys and properties of his client that may
come into his profession.
• Lawyers cannot acquire or purchase,
even in a public or judicial auction,
either in person or through the
mediation of another, the property and
rights which may be the object of any
litigation in which they take part by
virtue of their profession. (Article 1491
(5), New Civil Code)
• Purpose: The prohibition is based on
the existing relation of trust or the
lawyer’s peculiar control over the
property.
When Art. 1491will not apply:
1. When the purchaser is a corporation,
2. When the sale is after litigation except
when fraud and abuse of use of
information obtained is present
3. When property in question is part of
attorney’s fees, and the fee is reasonable.
Rule 16.01 - A lawyer shall account for all
money or property collected or received
for or from the client.
• The lawyer merely holds in trust the
money and property of the client.
When the client demands for the
money back, it is the obligation of the
lawyer to return such money back to
the client.
153
• The fact that the lawyer holds a lien for
fees does not relieve him with the duty
of promptly accounting for the funds
received (Daroy v. Legaspi, 1975)
• It is supposed to be the practice that
the lawyer must issue receipts even if
not demanded and to keep copies of
his own records (Tarog v. Ricafort,
2011)
• A lawyer’s failure to return the money
or property of the client upon demand
gives rise to the presumption that the
lawyer misappropriated the funds for
his own use, in violation of the trust
reposed upon him by his client (Sison
v. Camacho, 2016)
Rule 16.02 - A lawyer shall keep the funds
of each client separate and apart from his
own and those of others kept by him.
• A lawyer should not comingle the funds
of his clients with that of his private
funds, nor use the money of the client
for personal purposes without consent
of the client (Daroy v. Legaspi, 1975).
Rule 16.03 - A lawyer shall deliver the
funds and property of his client when due
or upon demand. However, he shall have a
lien over the funds and may apply so
much thereof as may be necessary to
satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his
client. He shall also have a lien to the
same extent on all judgments and
executions he has secured for his client as
provided for in the Rules of Court.
• When a lawyer unjustly retains in his
hands money of his clients despite
demand, he may be punished with
contempt as an officer of the court.
• An attorney has a lien upon the funds,
documents and papers of his client
which lawfully came to his possession
and may retain the same until his
lawful fees and disbursements have
been paid and may apply such funds to
the satisfaction thereof (Rule 138, Sec.
37, Rules of Court).
Rule 16.04 - A lawyer shall not borrow
money from his client unless the client's
interest are fully protected by the nature
of the case or by independent advice.
Neither shall a lawyer lend money to a
client except, when in the interest of
justice, he has to advance necessary
expenses in a legal matter he is handling
for the client.
• A lawyer is prohibited from
borrowing money from his client.
• This is to prevent the lawyer from
taking advantage of his position as a
lawyer to prejudice his client.
• Similarly, a lawyer is prohibited
from lending money to his client.
• This is to prevent the free and
independent judgment of the lawyer. If
a lawyer were to have a financial
interest in the case, his judgment may
be adversely affected.
• The following persons cannot acquire
or purchase, even in a public or judicial
auction, either in person or through the
mediation of another, the property and
rights which may be the object of any
litigation:
1. Justices
2. Judges
3. Prosecuting Attorneys
4. Clerks of superior and inferior courts
5. Other officers and employees
connected with the administration of
justice,
6. Lawyers, with respect to the property
and rights which may be the object of
any litigation in which they may take
part by virtue of their profession.
• THIS PROHIBITION IS PERMANENT
AND RESTS UPON
CONSIDERATIONS OF PUBLIC
POLICY.
The prohibition does not apply when:
1. The property was bought before it
was subject of litigation
2. When the property was bought
after litigation
3. When the attorney who bought the
property is not involved in the case
4. When the purchaser of the
property is a corporation even if
the lawyer is part of such
corporation
154
CANON 17 - A Lawyer owes fidelity to the
cause of his client and he shall be mindful of
the trust and confidence reposed in him.
• The failure to exercise due diligence
and the abandonment of a client’s
cause makes the lawyer unworthy of
the trust which the client has reposed
upon him.
• Once he has decided to take on the
case of the client, no fear of retribution
or unpopularity should restrain him
from discharging his functions
(Santiago v. Fojas, 1995)
• In the discharge of his duty of entire
devotion to the client’s cause, a lawyer
should present every remedy or
defense authorized by law in support of
his client’s cause, despite his personal
views.
CANON 18 - A Lawyer shall serve his client
with competence and diligence.
• A lawyer must be competent and
diligent
• A lawyer must exercise ordinary
diligence in defending the cause of his
client (Pajarillo v. WCC, 1980)
Rules 18.01 - 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.
When a lawyer accepts a case, it is an implied
representation that:
1. He possesses adequate knowledge,
skill, and ability to practice his
profession;
2. That he will exert his best judgment in
prosecuting or defending his client’s
cause;
3. That he will exercise ordinary diligence
in defending the cause of his client;
4. That he will take all steps allowed by
law to safeguard his client’s interests.
• A collaborating counsel is still bound by
the same degree of diligence to the
case as the main counsel. A
 collaborating counsel cannot enter his
appearance for the case without the
consent of the main counsel.
Rule 18.02 - A lawyer shall not handle any
legal matter without adequate
preparation.
• A lawyer must always come to court
prepared.
• A lawyer should give adequate
attention, care and time to his cases.
Rule 18.03 - A lawyer shall not neglect a
legal matter entrusted to him, and his
negligence in connection therewith shall
render him liable.
• GR: A client is bound by the negligence
of his counsel. (Notice of counsel is
notice to client).
• XPN: When the negligence is so gross
that it is tantamount to a denial of the
client’s right to due process of law
(Alarcon v. CA, 2000).
Rule 18.04 - 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.
• It is the duty of the lawyer to keep his
client updated on the flow and the
outcomes of his case.
• The lawyer should also appraise the
client as to the procedures undertaken
to defend the client’s interests.
• The lawyer must advise the clients of
the risks of taking such course of
action, or its alternatives.
• The client must be informed within the
period to appeal whether or not to
appeal the case so that the client can
decide whether or not he would like to
appeal.
CANON 19 - A Lawyer shall represent his
client with zeal within the bounds of the law.
• A lawyer’s main duty is not to his client
but to the administration of justice. To
that end the success of his client’s case
is subordinate and the lawyer’s conduct
must be in accordance with law and
ethics.
155
Rule 19.01 - 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.
• It is the duty of the lawyer to employ
such means that are consistent with
the law and the code of ethics. A
lawyer should never mislead the courts
by a false statement of facts.
• The lawyer can validly withdraw his
services from a client if the client
would now resort to unlawful acts to
win his case. (Pena v. Aparicio, 2007).
Rule 19.02 - A lawyer who has received
information that his client 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.
• This rule simply allows the lawyer to
withdraw from the case should the
client fail to rectify the fraud
committed.
Rule 19.03 - A lawyer shall not allow his
client to dictate the procedure in handling
the case.
• The substantial aspect of the case is
within the client’s control. The cause of
action, the claim or demand sued
upon, the subject matter of litigation is
within the control of the client.
• The procedural aspect is within the
control of the counsel. All proceedings
in court to be able to defend or
prosecute a case is within the exclusive
control of the lawyer.
• A lawyer may not impair, compromise,
or settle his client’s case without his
client’s consent.
CANON 20 - A Lawyer shall charge only fair
and reasonable fees.
 • A lawyer has the right to be
compensated for the services he has
rendered.
• The compensation, however should be
reasonable taking into consideration
the various factors involved in the
rendering of services.
Factors such as, but not limited to:
1. The importance of the subject
matter in controversy;
2. The extent of services rendered;
3. The professional standing of the
lawyer.
• Manner of ways by which lawyers may
be paid:
1. A fixed or absolute fee that is to be
paid regardless of outcome of the case
2. A fixed fee computed by the number of
hours spent;
3. Based on a per piece of work basis;
4. A contingent fee conditioned upon
seeking a favorable judgment and
recovery of money or property and the
amount of which may be on a
percentage basis;
5. A combination of all above stipulated
fees.

Rule 20.02 - A lawyer shall, in case of

• Written contracts as to the referral, with the consent of the client, be
compensation of the lawyer shall be entitled to a division of fees in proportion
binding, unless the court finds the to the work performed and responsibility
same as unconscionable. assumed.

• A referral does not entitle the referred

Rule 20.01 - A lawyer shall be guided by attorney to a portion of the attorney’s
the following factors in determining his fees. It is only when legal services are
fees: performed that attorney’s fees become
(a) the time spent and the extent of the demandable.
service rendered or required; Rule 20.03 - A lawyer shall not, without
(b) the novelty and difficulty of the the full knowledge and consent of the
questions involved; client, accept any fee, reward, costs,
commission, interest, rebate or
(c) The importance of the subject matter; forwarding allowance or other
compensation whatsoever related to his
(d) The skill demanded; professional employment from anyone
other than the client.
(e) The probability of losing other
employment as a result of acceptance of • The purpose is designed to secure the
the proffered case; fidelity of the lawyer to the client’s
case.
(f) The customary charges for similar
• The payment of acceptance fees are
services and the schedule of fees of the
usually the start of the attorney-client
IBP chapter to which he belongs;
relationship between the parties.
(g) The amount involved in the • Champertous Contracts- is one where
controversy and the benefits resulting to it is stipulated where the lawyer shall
the client from the service; pay all the expenses of prosecution of
the case, and the client only pays upon
(h) The contingency or certainty of successful litigation. This is a VOID
compensation; agreement as it is against public policy.
• Contingent Contract- An agreement in
(i) The character of the employment,
which the lawyer’s fee is made to
whether occasional or established; and
depend upon the success in the effort
(j) The professional standing of the to enforce a client’s right. This is a
lawyer. VALID contract.

Kinds of Attorney’s Lien:

156
 1. Retaining lien: A lawyer shall have a
lien upon the funds, documents and
papers of his client which have lawfully
come into his possession. Thus, he
may retain such documents until all the
lawful fees are paid and he may apply
such funds to the satisfaction thereof.
2. Charging Lien: The lawyer shall also
have a lien to the same extent upon all
money judgments which he has
secured in a litigation of his client. The
lien shall exist from and after the time
when he shall have caused:
a. A statement of his claim of such
lien to be entered into the records
of the case;
b. A written notice to be delivered to
his client and the adverse party
Rule 20.04 - A lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial
action only to prevent imposition,
injustice or fraud.
• A lawyer should avoid controversies
with his clients concerning
compensation so as to preserve
respect and so that clients would still
want to engage in his services as
counsel. Lawyer should thus, seldom
file judicial actions for the recovery of
their funds unless meritorious reasons
call for such.
• Quantum Meruit- “as much as the
lawyer deserves”
• Essential Requisite of Quantum Meruit:
Acceptance of benefits by one sought
to be charged for services rendered
under circumstances as reasonably to
notify him that the lawyer expects
compensation.
Guidelines:
1. Time spent by the lawyer and extent of
services rendered
2. Nature and importance of the subject
matter
3. Novelty and difficulty of questions
involved;
4. Skill demanded of the lawyer;
5. Loss and opportunity for other
employment;
6. Results secured;
157
7. Whether the fee is contingent;
8. Capacity of the client to pay.
Concepts of atty’s fees:
• Ordinary- a reasonable compensation
to the lawyer for services rendered.
• Extraordinary- It is an indemnity for
damages ordered by the court to be
paid by the losing party to the
prevailing party in a litigation.
CANON 21 - A Lawyer shall preserve the
confidence and secrets of his client even after
the attorney-client relation is terminated.
• Unless the client knows that his lawyer
cannot be compelled to reveal the
communications between them, the
client might suppress certain material
facts vital to the prosecution of the
case or are vital to defend the client’s
cause.
• This is to encourage full disclosure by
the client of all facts necessary to
defend the client’s rights.
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after
acquainting him of the consequences of
the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or
to defend himself, his employees or
associates or by judicial action.
• These are the only instances when the
lawyer may reveal the confidential
communications of his client. Aside
from these instances, the lawyer may
not reveal the confidential
communications of the client under
pain of contempt, disciplinary action, or
even criminal liability for divulging
confidential communications under
Article 209 of the RPC.
• Since the privilege is for the protection
of a client, only the client in general,
may waive this privilege.
Rule 21.02 – A lawyer shall not, to the
disadvantage of his client, use information
acquired in the course of employment, nor
shall he use the same to his own
advantage or that of a third person,
unless the client with full knowledge of
the circumstances consents thereto.
Rule 21.03 – A lawyer shall not, without
the written consent of his client, give
information from his files to an outside
agency seeking such information for
auditing, statistical, bookkeeping,
accounting, data processing, or any
similar purpose.
• The work and product of the lawyer
such as his effort, research, and
thought, and the records of his client,
are also confidential. The lawyer must
not reveal these documents without
the consent of the client.
Rule 21.04 - A lawyer may disclose the
affairs of a client of the firm to partners or
associates thereof unless prohibited by
the client.
• When a client avails the services of a
law firm, the availment of one lawyer is
the availment of the entire firm. So, a
lawyer of a firm may validly disclose
the affairs of the clients to his law firm
partners, unless the client prohibits it.
• The professional employment of a law
firm is equivalent to the retainer of the
members thereof even though only one
of them is consulted; conversely, the
employment of one member of the law
firm is generally considered as
employment of the law firm (Agpalo,
2004).
Rule 21.05 - A lawyer shall adopt such
measures as may be required to prevent
those whose services are utilized by him,
from disclosing or using confidences or
secrets of the clients.
• The client’s secrets with the clerical
aids and assistants in the performance
of their duties, are covered by the
privileged communication (Rule 130,
Sec. 24, 2019 Amended Rules of
Evidence)
Rule 21.06 - A lawyer shall avoid
indiscreet conversation about a client's
affairs even with members of his family.
158
• A lawyer must also preserve the
communications of the client even
outside the law office, including in his
home.
Rule 21.07 - A lawyer shall not reveal that
he has been consulted about a particular
case except to avoid possible conflict of
interest.
• The privileged communication rule also
extends to perspective clients, and
even to preliminary information given.
CANON 22 - A Lawyer shall withdraw his
services only for good cause and upon notice
appropriate in the circumstances.
• An attorney-client relationship may be
terminated by the client, the lawyer, or
by the court for reasons beyond the
parties’ control.
Causes of termination of atty-client
relationship:
1. Withdrawal of the lawyer;
2. Death of the lawyer;
3. Disbarment and suspension of the
lawyer;
4. Declaration of suspensive death;
5. Conviction of a crime and
imprisonment of a lawyer;
6. Discharge or dismissal of a lawyer by
the client;
7. Appointment or election of a lawyer to
a government position that absolutely
prohibits practice of law;
8. Death of the client;
9. Intervening capacity;
10. Full termination of a case.
GR: The client may discharge his lawyer at any
time, with or without cause.
XPN:
1. If dismissal was without cause, the
lawyer still has the right to be
compensated.
2. Notice of discharge is required for both
the adverse party and the court
(Agpalo, 2004).
Rule 22.01 - A lawyer may withdraw his
services in any of the following case:
(a) When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
(b) When the client insists that the lawyer
pursue conduct violative of these canons
and rules;
(c) When his inability to work with co-
counsel will not promote the best interest
of the client;
(d) When the mental or physical condition
of the lawyer renders it difficult for him to
carry out the employment effectively;
(e) When the client deliberately fails to
pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or
appointed to public office; and
(g) Other similar cases.
• A lawyer may retire at any time from
any action or special proceeding:
1. With written consent of his client
filed in court and a copy thereof
shall be served upon the adverse
party; OR
2. 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 (Rule 138,
Sec. 26, Rules of Court).
• GR: A lawyer who withdraws in writing,
does not require the approval of the
court.
• XPN: If no new counsel has entered his
appearance, the court may, in order to
prevent a denial of the party’s right to
the assistance of counsel require that
the lawyer’s withdrawal be held in
abeyance until a new lawyer shall have
appeared for the party (Villasis v. CA,
1974)
• Although a lawyer may withdraw his
services when the client deliberately
fails to pay the fees for the services,
withdrawal is unjustified if the client
did not deliberately fail to pay
(Montano v. IBP, 2001).
159
Rule 22.02 - A lawyer who withdraws or is
discharged shall, subject to a retainer
lien, immediately turn over all papers and
property to which the client is entitled,
and shall cooperative with his successor
in the orderly transfer of the matter,
including all information necessary for the
proper handling of the matter.
• Death of the parties represented is a
cause for the termination of the
attorney- client relationship (Subject to
retaining lien):
Duties of a lawyer upon withdrawal of a case:
1. To immediately turn over all papers
and property to which the client is
entitled;
2. To cooperate with his successor in
the orderly transfer of the matter.
This includes all information
necessary for the proper handling
of the matter.
Requisites for a valid substitution of counsel:
1. Filing of a written application for
substitution;
2. The client’s written consent;
3. The written consent of the attorney to
be substituted.
III. DISQUALIFICATIONS/ INHIBITIONS
FOR JUDGES
Disqualification of Judicial Officers
• No judge or judicial officer shall sit in
any case in which:
1. He, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or
otherwise
2. He is related to either party within the
sixth degree of consanguinity or affinity,
or to counsel within the fourth degree,
computed according to the rules of the
civil law
3. He has been executor, administrator,
guardian, trustee or counsel,
4. He has been presided in any inferior
court when his ruling or decision is the
subject of review, without the written
consent of all parties in interest, signed
 by them and entered upon the record. 1. Criminal in nature – to vindicate public
(Canon 5, Sec. 3) authority.
2. Civil in nature – to protect the rights of
• A judge may, in the exercise of his litigants.
sound discretion, disqualify himself
from sitting in a case, for just or valid Direct Contempt, How Committed
reasons other than those mentioned
above. a. Misbehavior in the presence of or so
• The enumeration in Canon 3, Sec. 5 is near a court as to interrupt the
not exclusive. There may be other proceedings before the same;
cases in which a judge may inhibit b. Disrespect towards the court;
himself which are not found in the c. Offensive personalities towards others;
provision. Such as cases like: d. Refusal to be sworn or to answer as
1. Actual bias or prejudice witness, or to subscribe an affidavit or
2. Judge previously served as a
deposition when lawfully required to do
counsel or witness
so.
3. The judge or member of his family
has material interest in the PENALTY
outcome of the case
4. Judge ruling is subject of review in 1. RTC – Fine not exceeding P2,000 OR
an appellate court imprisonment not exceeding 10 days OR
5. And other analogous cases both;
2. MTC- Fine not exceeding P200 OR
Voluntary Grounds imprisonment not exceeding 1 day OR
both.
• A judge is given a wide latitude of
discretion over cases of inhibition. But REMEDY
such inhibition must not be based on
• A petition for certiorari or prohibition.
flimsy grounds.
• A judge cannot de disqualified from Appeal is not a remedy.
hearing a case just because the
Indirect Contempt, How Committed
counsel in the case was a former
classmate. a. Misbehavior of an officer of a court in
• The fact that the counsel was the one the performance of his official duties;
who recommended the judge’s b. Disobedience of or resistance to a
appointment to the Bench is not a lawful writ, process, order, or
sufficient ground for inhibition. judgment of a court;
c. Any abuse of or any unlawful
interference with the processes or
IV. DIRECT/ INDIRECT CONTEMPT proceedings of a court not constituting
direct contempt;
d. Any improper conduct tending, directly
(Rule 71, Rules of Court) or indirectly, to impede, obstruct, or
degrade the administration of justice;
TWO KINDS OF CONTEMPT e. Assuming to be an attorney or an
officer of a court, and acting as such
1. Direct Contempt – a misbehavior is
without authority;
committed by a person in the presence
f. Failure to obey a subpoena duly
of the judge. This can be summarily
served;
penalized by the judge.
g. The rescue, or attempted rescue, of a
2. Indirect Contempt – the act is
person or property in the custody of an
committed outside the court but is still
officer by virtue of an order or process
considered as an insult or an offense
of a court held by him.
against the dignity of the court.
How Contempt Proceedings are
AS TO PURPOSE
Commenced

160
 • It is commenced by filing a verified
petition OR by the court motu propio.
The proceeding is criminal in nature, so
no formal answer is required.
• In Direct Contempt, when initiated by a
party or a third person, it must be
done or commenced by a verified
petition.
• But in Indirect Contempt, it can also be
initiated by the Court whose dignity
was offended by the act of respondent.
• It can be initiated by the court motu
propio and the court does not have to
file a formal complaint. The offended
judge can simply issue an order
requiring you to answer why you
should not be cited for indirect
contempt. You will be given a certain
time to explain.
• The court must fix the date of hearing.
• Indirect contempt, being a special civil
action, cannot be adjudged without a
hearing.
Where to File
• In the same court where the
contumacious act was committed. But
if the contumacious act was committed
against a judge in a municipal court,
you can file the verified petition for
indirect contempt with that municipal
court or you can file it with the RTC
that has jurisdiction over the area
where that municipal court sits.
• There will be a hearing and the court
may in the meantime release the
respondent on bail.
PENALTY
a. RTC – Fine not more than P30,000 or
imprisonment not exceeding six
months or both.
b. MTC – Fine not more than P5,000 or
imprisonment not exceeding one
month or both.
Imprisonment until order is obeyed.
• If the respondent is ordered by the
court to do a particular act such as
there is a mandatory preliminary
injunction to do that particular act and
he stubbornly refused to do that act,
161
the court can order him arrested and
be imprisoned until he obeys the order.
Proceeding When Party Released on Bail
Fails to Answer
• If a person that is released on bail fails
to attend the hearing for the indirect
contempt, the court can order him
again arrested and can even confiscate
the bond that he set up.
Judgment in Indirect Contempt is
Appealable
• Judgment in indirect contempt is
appealable as in criminal cases. But,
appeal does not stay the execution
unless respondent files a bond.
Contempt Against Quasi-Judicial Bodies
• Normally, quasi-judicial bodies cannot
cite a person in contempt of court. So
if a party in the case they decided
disobeys the court, the court can file
an indirect contempt case before the
RTC.
• But if that quasi-judicial power is
vested with contempt powers by the
law that created it, they can exercise
contempt power.
• Contempt power is basically a judicial
power. That is why it can only be
exercised by the courts. Quasi-judicial
bodies cannot, not unless they are
expressly authorized.
Legislative Bodies
• Congress has contempt power.
Congress can cite you in contempt if
they are conducting a congressional
inquiry and you are being subpoenaed
to appear but you did not appear. This
contempt power of congress cannot be
delegated to the local governments.
Local legislature has no contempt
power. (Arnault v. Nazareno, 87 Phil.
29 [1950])
-END OF TOPIC-
 C. PRACTICAL EXERCISES (2 QUESTIONS)

I. PARTS OF CONVEYANCING, AFFIDAVITS

Deed of Sale of Motor Vehicle

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

That I, [NAME OF SELLER], Filipino, of legal age, single/married to [SPOUSE, IF APPLICABLE], a

resident of [ADDRESS OF SELLER], is the lawful owner of a certain motor vehicle which is more
particularly described as follows:

MAKE : MOTOR NO. :

SERIES : SERIAL/CHASSIS NO. :

TYPE OF BODY: PLATE NO. :

YEAR MODEL : FILE NO. :

C.R. NO. :

That for and in consideration of the sum of [AMOUNT IN WORDS PESOS] (PhP xxx, xxx.xx), Philippine
Currency, receipt whereof is hereby acknowledged to my entire satisfaction, I hereby sell, transfer and
convey by way of Absolute Sale unto [NAME OF BUYER], Filipino, of legal age, and resident of
[ADDRESS OF BUYER], the above described motor vehicle, free from all liens and encumbrances.

IN WITNESS WHEREOF, the parties have signed this agreement this __this day of [MONTH, YEAR] at
[PLACE OF SIGNING].

(sgd.) (sgd.)

[NAME OF BUYER] [NAME OF SELLER]

VENDEE VENDOR

[If Seller is married, include spousal consent as follows:]

With my consent:

(sgd.)

[NAME OF SPOUSE OF SELLER]

SIGNED IN THE PRESENCE OF:

_________________ _________________

[PLUS ACKNOWLEDGMENT FOR TWO-PARTY INSTRUMENT]

162
Unilateral Deed of Sale of Registered Land

REPUBLIC OF THE PHILIPPINES )

City/Municipality of ____________ ) S.S.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

I, [NAME OF SELLER], Filipino, single/married to [SPOUSE, IF APPLICABLE], and resident of [ADDRESS

OF SELLER] for and in consideration of the amount of [AMOUNT IN WORDS PESOS] (PhP xxx,xxx.xx),
paid to me today by [NAME OF BUYER], Filipino, single and resident of [ADDRESS OF BUYER] do
hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said [NAME OF BUYER] that
certain parcel(s) of land, together with the buildings and improvements thereon situated in the
[CITY/MUNICIPALITY OF ____], free from all liens and encumbrances whatsoever and more
particularly described as follows:

(Technical Description of property as indicated in the title)

of which I am the registered owner in fee simple, my title thereto being evidenced by
[TRANSFER/ORIGINAL CERTIFICATE TITLE NO.__________], issued by the Register of Deeds of
[CITY/MUNICIPALITY].

IN WITNESS WHEREOF, I have signed this instrument this __th day of [MONTH, YEAR]

at [PLACE OF SIGNING]

(sgd).

[NAME OF SELLER]

If Seller is married, include spousal consent as follows:]

With my consent:

(sgd.)

[NAME OF SPOUSE OF SELLER]

SIGNED IN THE PRESENCE OF:

_________________ _________________

[PLUS ACKNOWLEDGMENT]

163
Affidavit of Loss

REPUBLIC OF THE PHILIPPINES )

City/Municipality of ____________ ) S.S.

AFFIDAVIT OF LOSS

I,___________________, of Legal Age, Filipino, Married, born on with residential address at 123
Colon St, Cebu City, subscribing under oath, hereby depose and state:

1. That I was in possession of a Philippine Passport with Passport No. 12345 Issued in the DFA
Cebu on July 3, 2019, with expiry Date on July 2, 2019;
2. That due to the onslaught of Typhoon Odette last December 16, 2021, my house where the said
passport was kept got destroyed;
3. As a consequence of my houses’ destruction, I can no longer find my passport despite diligent
efforts to locate the same.
4. I execute this affidavit to attest to the truth of the foregoing.

(Signature over Printed Name)

Affiant

Competent Evidence of Identity

ID:

Date of Issue:

Place of Issue:

SUBSCRIBED and SWORN TO before me on the date and at the place indicated below. The affiant
exhibited to me his competent evidence of identity as indicated above. Signed this ______________at
________________, ______________________, Philippines.

WITNESS MY HAND AND SEAL.

Notary Public

Doc. No.

Page No.

Book No.

Series of

164
DEED OF DONATION

REPUBLIC OF THE PHILIPPINES )

City/Municipality of ____________ ) S.S.

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF DONATION, entered into by and between: ______________, Filipino, of legal age,
single, with residence at ______________ and hereafter called the DONOR,

— and —______________, Filipino, of legal age, single, with residence at _________________ and
hereafter called the DONEE.

WITNESSETH:

That the DONOR is the absolute owner of that certain real property situated at
____________________and more particularly described in Transfer Certificate of Title No. _______ of
the Register of Deeds of ________,as follows:

(Description of property)

That, for and consideration of the love and affection of the DONOR for the DONEE (insert consideration
for the donation such as “for faithful services the donee rendered the donor), the said DONOR by
theses presents does hereby TRANSFER AND CONVEY by way of DONATION, unto the said DONEE, the
above-mentioned real property, free from all kinds of liens and encumbrances whatsoever;

That the DONEE does hereby ACCEPT the foregoing donation of the above-described property for
which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality
shown by the DONOR.

IN WITNESS WHEREOF, the parties hereto have signed these presents, at _______ City, this ___ day
of __________, 2021.

_____________________ ________________________
(Donor) (Donee)
WITNESSES:
______________________

______________________

ACKNOWLEDGMENT

165
 II. PARTS OF PLEADINGS, MOTIONS

GENERAL FORMAT OF A PLEADING

Republic of the Philippines

National Capital Judicial Region
Regional Trial Court
Branch _____, Makati City
________________,
Plaintiff,
-versus- Civil Case No._____
For:_____________
________________,
Defendant.
x------------------------------------x

(TITLE)

(Plaintiff/Defendant), through Counsel, unto this Court, respectfully alleges:

(Body)xxxx

- Allegations –

. (Prayer)

WHEREFORE, it is respectfully prayed that____________________.

(Plaintiff/Defendant) prays for such other reliefs as this Honorable Court may deem just and equitable.

Makati City, Metro Manila, ____(Date)____.

Signature of Counsel

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, ___________, of legal age, after being sworn in accordance with law, depose and state that:

1. I am the plaintiff in this case. I have been duly authorized to execute this verification and
certification.

2. I have read the contents of the complaint and attest that the same are true and correct based on
the authentic records and my personal knowledge.

3. To the best of my/plaintiff's knowledge, no other similar action is pending in the Supreme Court,
the Court of Appeals, Regional Trial Court Metropolitan and Municipal Trial Court, or any other tribunal
or agency, I/plaintiff hereby undertake to report that fact to this Honorable Court within five (5) days
from discovery.

IN WITNESS HEREOF, I have hereunto set my hand this _________.

_____________________________

(Signature of Complainant)

166
MOTIONS

MOTION FOR EXTENSION OF TIME

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION

BRANCH______, MAKATI CITY

[PLAINTIFF] Civil Case No.: 123984

Plaintiff,

-versus- For: [NATURE OF ACTION]

[DEFENDANT],

Defendant.

x-------------------------------------------------------------------x.

MOTION FOR EXTENSION OF TIME

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

1. Defendant engaged the services of undersigned counsel only on [DATE];

2. Defendant was served with Summons and copy of the Complaint on [DATE] and thus has until
[DATE] within which to submit an [ANSWER OR OTHER RESPONSIVE PLEADING];

3. However, due to the pressured of equally urgent professional work and prior commitments, the
undersigned counsel will not be able to meet the said deadline;

4. As such, the undersigned counsel is constrained to request for an additional period of [NUMBER OF
DAYS] from [DATE TODAY] or until [DATE OF END OF EXTENSION] within which to submit Defendant’s
[ANSWER OR OTHER RESPONSIVE PLEADING]. Moreover, this additional time will also allow the
undersigned to interview the available witness and study this case further;

5. This motion is not intended for delay but solely due to the foregoing reasons.

PRAYER

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an additional
period of [NUMBER OF DAYS] from [DATE TODAY] or until [DATE OF END OF EXTENSION] within
which to submit an [ANSWER OR OTHER RESPONSIVE PLEADING].

Other just and equitable reliefs prayed for.

Makati City, [DATE].

[NAME OF COUNSEL]

Attorney for Defendant

[ADDRESS]

Roll No. [1234]

PTR No. [1234] / [Place] / [Date]

167
 IBP No. [[1234] / [Place] / [Date]

MCLE Compliance No. [1234]

NOTICE OF HEARING

The undersigned will submit the foregoing Motion for Extension of Time for the consideration and
approval of the Honorable Court on [DATE] at [TIME].

COPIES FURNISHED

[NAME OF COUNSEL]

Attorney for Plaintiff

[ADDRESS]

[BRANCH CLERK OF COURT]

Regional Trial Court of [VENUE]

Branch [NUMBER]

EXPLANATION

This motion will be served on Plaintiff’s counsel by registered mail due to lack of time and distance
between his office and the office of the undersigned.

168
MOTION TO DISMISS

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION

BRANCH_____, MAKATI CITY

[NAME OF PLAINTIFF] Civil Case No.: 123984

Plaintiff,

-versus- For: [NATURE OF ACTION]

[NAME OF DEFENDANT],

Defendant.

x-------------------------------------------------------------------x.

MOTION TO DISMISS

COMES NOW, the defendant by his undersigned counsel, and to this Honorable Court respectfully
moves that the complaint be dismissed on the following grounds:

[GROUNDS] XXX

Discussion XXXX

[ARGUMENTS] XXXX

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Makati City, [DATE].

[NAME OF COUNSEL]

Attorney for Defendant

[ADDRESS]

Roll No. [1234]

PTR No. [1234] / [Place] / [Date]

IBP No. [[1234] / [Place] / [Date]

MCLE Compliance No. [1234]

NOTICE OF HEARING

The undersigned will submit the foregoing Motion for Extension of Time for the consideration and
approval of the Honorable Court on [DATE] at [TIME].

169
 COPIES FURNISHED

[NAME OF COUNSEL]

Attorney for Plaintiff

[ADDRESS]

[BRANCH CLERK OF COURT]

Regional Trial Court of [VENUE]

Branch [NUMBER]

EXPLANATION

This motion will be served on Plaintiff’s counsel by registered mail due to lack of time and distance
between his office and the office of the undersigned.

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