Professional Documents
Culture Documents
RemedialLaw
CompactReviewer
CompiledbyRehneGibbN.Larena|JD-NT|2021|UniversityofSanCarlos
JurisdictionoverSmallClaimsCases
RULE29RefusaltoComplywithModesofDiscovery
RULE1GeneralProvisions
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 2of232
to
speak.
Thus,
it
is
the
authority
to
speak.
And,
it
is
conferred only by
I. GeneralPrinciples (3) Coercive powers of court, usually through service of
law.
summons.
Remedial Law — is that branch of law which
prescribes
the
method Jurisdiction Venue
May be acquired if party signed a compromise agreement
and procedures of enforcing rights and obtaining redress for their madeasbasisofthejudgmentrenderedbythecourt.
invasion. Istheauthoritytohearand Theplacewherethecaseistobe
decideacase. tried. c. Jurisdictionovertheissues;C
onferredby
➔ isbasicallycontainedintheRulesofCourt.
Amatterofs ubstantivel aw Amatterofp
rocedurallaw (1) Pleadings;
➔ Itisaprocedurallawasdistinguishedfromasubstantivelaw.
(2) Agreementinapretrialorderorstipulation;
➔ aregenerallyretroactive. Fixedbylawandcannotbe Maybeconferredbytheparties
conferredbytheparties (3) Impliedconsent,asbyfailuretoobjecttoevidencenot
Substantive Law — is
that
part
of law which creates rights concerning coveredbythepleadings
life, liberty or property, or the powers of instrumentalities for the
Establishesarelationbetween Establishesarelationbetween d. Jurisdictionovertheres(orthepropertyorthingsubjectof
administrationofpublicaffairs.(P rimiciasv.Ocampo)
thecourtandtheparties theparties litigation)
Procedural Law — refers to
adjective laws which
prescribe rules
and
forms of procedure in order that courts may be able to administer 1. Errorofjurisdictionanderrorofjudgmentd istinguished Acquired by the actual or constructive seizure by the court of
justice.(Lopezv.Gloria) the t
hing i
n
q
uestion, t
hus p
lacing i
t i
n c
ustodia l
egis,
a
s
in
Error in jurisdiction is the lack of
jurisdiction of
a court to hear
attachmentorgarnishment.
GR: ProceduralrulesaretobeappliedPROSPECTIVELY. and decide the case. The case should be dismissed for want of
jurisdiction. It is correctible by certiorari and can be assailed for Also acquired by provision of law, as in land registration
EXC: May be made applicable to actions pending and proceedings or suits involving civil status or
real property in
thefirsttimeonappeal.Itnullifiesthejudgmentrendered.
undeterminedatthetimeoftheirpassage. PHofanonresidentdefendant.
Error in the exercise of jurisdiction is simply an error in
EXtoEX: Theruledoesnotapplytopendingactions
judgment that is correctible by appeal. The court has jurisdiction 3. Questionsofjurisdictionmayberaisedforthefirsttimeon
(1) Where the statute itself or by necessary implication but
erred in
apprehending the
facts and applying the law, leading to appeal.
provides that pending actions are excepted from its amistakeinitsdecision.
A court c an motu proprio dismiss a case which is outside its
operation; jurisdiction( Sec1,Rule9).
2. Requisitesforexerciseofjurisdiction(Fixedbylaw)
(2) Ifapplyingtherulewouldimpairvestedrights; TheDoctrineo festoppelbylacheshoweverwasappliedinsome
a. Jurisdictionoverthesubjectmatter;
(3) When to do so would be infeasible or would work cases.
Conferred by law and not by agreement of parties, nor by
injustice;or Laches, in a general sense, is failure or neglect, for an unreasonable
silence.
(4) If doing so would involve intricate problems of due and unexplained length of
time, to
do
that which, by exercising due
b. Jurisdictionoverthepersonoftheparties;
processorimpairtheindependenceofthecourts. diligence, could or should have been done earlier; it is negligence or
Over the plaintiff or
petitioner — acquired by the filing of
the omission to assert a right within a reasonable time, warranting a
Jurisdictioningeneral complaintorpetition. presumption that the party entitled to assert it either has abandoned
Acourti sanentityorbodyvestedwithaportionofjudicialpower. itordeclinedtoassertit.( Tijamv.Sibonghanoy)
Overthedefendantorrespondent—acquiredby
JurisdictionandVenued istinguished GR: Jurisdiction of the court over the
subject matter is
determined
(1) Voluntaryappearance;
bytheallegationsofthec omplaint.
JURISDICTION is
the
power of
the
court to
hear
and
decide
cases. It is (2) Submissionofdefendantorrespondenttothecourt;or
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 3of232
by
the
litigants, but must rely
solely on what the law provides
II.PreliminaryConsiderations (2) Order a change of venue or place of trial to avoid a
on
the
given set of facts. If the facts are disputed or if the issues
miscarriageofjustice.(Sec5[4],ArtVIII)
require an examination of the evidence, the
question posed is
JurisdictionofCourts oneoffact. (3) Promulgate rules concerning the
protection and enforcement
1. SupremeCourt of
constitutional rights, pleading, practice, and procedure in all
The test, therefore, is not the appellation given to a question by
courts,
the
admission to
the
practice of
law,
the integrated
bar,
a. JudicialPower—thepowertohearanddecidecases; the
party raising it,
but
whether the appellate court can resolve
andlegalassistancetotheunderprivileged.( Sec5[5],ArtVIII)
the issue without examining or evaluating the evidence, in
(1) OriginalJurisdiction which case, it is a question of law; otherwise, it is a question of Thebasisoftherule-makingpowero
ftheSC.
(a) over cases affecting ambassadors, other public fact. (4) Appoint all officials and employees of the Judiciary in
ministersandc onsuls,and (3) OthercasesconferredbytheConstitution accordancewiththeCivilServiceLaw. ( Sec5[6],ArtVIII)
(b) over petitions for certiorari, prohibition, (a) Unless otherwise provided by
this
Constitution by ConstitutionalLimitationsoftheSC
or
mandamus, quo warranto, and habeas corpus. (Sec law, any
decision, order, or ruling of each Commission a. The Congress shall have the power to define, prescribe, and
5[1],ArtVIII) (COMELEC, COA, CSC) may be brought on certiorari by apportion the jurisdiction of the various courts but may not deprive
(2) Appellate Jurisdiction to review, revise, reverse, modify, or the
aggrieved party within thirty days from receipt of a the
SC
of
its
jurisdiction over cases enumerated in Section 5. (Sec 2,
affirm
on
appeal
or
certiorari,
as
the
law
or the
Rules
of
Court copythereof.( Sec7,ArtIX) ArtVIII)
mayprovide,finaljudgmentsandordersoflowercourtsin: NB: Cases from CSC now appealable to CA. See Sec b. No law shall be
passed
increasing
the
appellate
jurisdiction
of
the
(a) All
cases in which the constitutionality or validity of 9(3),BP129,asamendedbyRA7902. SCwithoutitsadviceandconcurrence.( Sec30,ArtVI)
any treaty, international or executive agreement, law, (b) Presidential Electoral Tribunal. Sitting en banc,
presidential decree, proclamation, order, instruction, Illustrative Case: “Section 27 of Republic Act No. 6770 cannot
shall be the sole judge of all contests relating to the validly authorize an appeal to this Court from decisions of the
ordinance,orregulationisinquestion. election, returns, and qualifications of the President or Office of the Ombudsman in administrative disciplinary cases. It
(b) All cases involving the legality of any tax, impost, Vice-President, and may promulgate its rules for the consequently violates the proscription in Section 30,
Article
VI of
assessment, or toll, or any penalty imposed in relation purpose.(Sec4[7],ArtVII) the Constitution against a law which increases the Appellate
thereto. (c) Martial Law Cases. Review, in an appropriate jurisdictionofthisCourt.”( Fabianov.Desierto)
(c) All cases in which the jurisdiction of any lower court proceeding filed by any citizen, the sufficiency of
the
2. CourtofAppeals
isinissue. factual basis of
the
proclamation of
martial law or the
suspension of the privilege of the writ or the extension a. Original Jurisdiction to issue writs of mandamus,
(d) All criminal cases in which the penalty imposed is prohibition, certiorari, habeas corpus, and quo warranto,
thereof, and must promulgate its decision thereon
reclusionperpetuaorhigher. and a
uxiliary w
rits
or
processes, w hether or
n ot
i n
aid
of
its
withinthirtydaysfromitsfiling.( Sec18[3],ArtVII)
(e) All cases in which only an
error or
question of
law appellatejurisdiction;( Sec9[1],BP129)
b. Administrative Power — Administrative supervision over all
isinvolved.( Sec5[2],ArtVIII) b. Exclusive Original Jurisdiction over actions for
annulment
courtsandthepersonnelthereof.(S ec6,ArtVIII)
A question of law arises when there is doubt as to
what the ofjudgementso fRTCs.( Sec9[2],BP129)
(1) Assign temporarily judges of lower courts to
other stations
law is on a certain state
of
facts, while there is
a question of c. Exclusive Appellate Jurisdiction over all final judgements,
as public interest may require. Such temporary assignments
fact when the doubt arises as to the truth or falsity of the resolutions, orders or awards of RTCs and quasi-judicial
shall not exceed six months without the consent of
the judge
allegedfacts. agencies, instrumentalities, boards or commission, including
concerned.(Sec5[3],ArtVIII)
For a question to be one of law, its resolution must not involve the SEC, the SSC, the ECC and the CSC, except those falling
an examination of the probative value of the evidence presented withintheappellatejurisdictionoftheSC.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 4of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 5of232
Tumpagv.Tumpag,199133,Sep29,2014
(4) Delegated Jurisdiction
to
hear
and cadastral
determine or applicable to the cases filed
before it.
Under Rule 16
of
the
Rules
of
landregistrationcasescoveringlots Court, and even under the
present 1997 Rules of
Civil Procedure, as Generally, the court should only look into the facts alleged in
amended, a motion to dismiss is not a prohibited pleading. the complaint to determine whether a suit is within its
(a) wherethereisn
ocontroversyoropposition,OR Consequently, the SAC had every right to admit and resolve the jurisdiction. In Marcopper Mining Corp. v. Garcia, we allowed the
(b) contested l ots the value of which does not exceed motionstodismissfiledbyrespondentsLBPandPNB. RTC to consider, in addition to the complaint, other pleadings
P100K,
submitted by the parties in deciding whether or not the complaint
should be dismissed for lack of cause of action. In Guaranteed
such value to
be
ascertained by
the
affidavit of the claimant or CityofManilav.Grecia-Cuerdo,etal,175723,Feb4,2014
Homes, Inc. v. Heirs of Valdez, et al., we held that the factual
by
agreement of
the
respective claimants if there are more than WON the
CTA has jurisdiction over a special civil action for certiorari allegations in a complaint should
be considered in
tandem with the
one, or from the corresponding tax declaration of the real assailing an
interlocutory order issued by the RTC in a local tax case. statements and inscriptions on the documents attached to it as
property. YES. annexesorintegralparts.
Their
decisions
in
these
cases
shall
be
appealable in
the
same The prevailing doctrine is that the authority to issue writs of In the present case, we find reason not to strictly apply the
mannerasdecisionsoftheRTCs.(Sec34,BP129) certiorari involves the exercise of original jurisdiction which must be above-mentioned general rule,
and to
consider
the facts contained in
(5) Special Jurisdiction in the absence of all the Regional Trial expressly conferred by the Constitution or by law and cannot be the Declaration of Real Property attached to the complaint in
Judges in a province or city, any Metropolitan, Municipal, implied from the mere existence of appellate jurisdiction, it can be determining whether the RTC had jurisdiction over the petitioner’s
Municipal Circuit Trial Judge may hear
and petitions
decide fairly interpreted that the power of the CTA includes that of case. A mere reference to the attached document could facially
for a writ of habeas
corpus
or
applications
for
bail determining whether or
not
there has
been grave abuse of discretion resolve the
question on jurisdiction and would have rendered lengthy
in criminal cases in the province or city where the absent amounting to
lack
or
excess of
jurisdiction on
the part
of the RTC in litigationonthispointunnecessary.
RegionalTrialJudgessit.( Sec35,BP129) issuing an interlocutory order in cases falling within the exclusive
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 6of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 7of232
evidence leading to an erroneous judgment. This is correctible by
Nonetheless, the
doctrine of
exhaustion of administrative remedies and A. Action In Personam — judgment is binding only
appeal.
the corollary doctrine of primary jurisdiction, which are based on uponthepartiesandtheirsuccessors-in-interest;
sound public policy and practical considerations, are not inflexible JurisdictionoverSmallClaimsCases
B. Action
In
Rem
— judgment is binding upon the whole
rules.Therearemanyacceptede xceptions,suchas:
The MTC has exclusive jurisdiction over cases falling under the
1991 world.
(a) where there is estoppel on the part
of
the
party
invoking
the Rules on Summary Procedure and the Rule of Procedure for Small
C. Action Quasi In Rem — like
an
action to
foreclose a
doctrine; Claims. REM against a non-resident defendant. Here, the
(b) where the challenged administrative act is patently illegal, jurisdiction of the court over the res, which is the
amountingtolackofjurisdiction; RULE1GeneralProvisions property mortgaged, is
sufficient for the court to order
the foreclosure. Summons must be served, however,
(c) where there is unreasonable delay or official inaction that
1. KindsofCivilAction upon the mortgagor-debtor to comply with due
willirretrievablyprejudicethecomplainant;
(a) A civil action is one by which a party sues another for the process.
(d) where the amount involved
is
relatively
small so as
to
make
enforcement or protection of a right, or the prevention or
theruleimpracticalandoppressive;
redressofawrong.
2. TowhatactionsNOTapplicable
(e) where the question involved is purely legal and will
A civil action may either be ordinary or special. Both are
ultimatelyhavetobedecidedbythecourtsofjustice; Section 4. In what case not applicable. — These Rules shall not
governed by the
rules
for
ordinary civil
actions, subject to
the
applyto
(f) wherejudicialinterventionisu rgent; specificrulesprescribedforaspecialcivilaction.(Sec3)
(g) when its application may cause great and irreparable I. AstoN
ATURE( Section3[a]) a. electioncases,
damage; b. landregistration,cadastral,
A. OrdinaryCivilActions
(h) wherethecontrovertedactsv
iolatedueprocess; c. naturalization
B. SpecialCivilActions
(i) when the issue of non-exhaustion of administrative remedies
II. AstoC
AUSEo
rFOUNDATION: d. insolvencyproceedings,and
hasbeenrenderedm oot;
A. Real Actions
— an
action
where the issue involved is e. other
cases not herein provided for, except by analogy or in a
(j) whenthereisn
ootherplain,speedyandadequateremedy;
title, ownership, possession or interest over a real suppletorycharacterandwheneverpracticableandconvenient.
(k) whenstrongpublicinterestisinvolved;and, property.
3. Commencementofaction
(l) inquowarrantoproceedings.(R
epublicv.Felix,2
020) B. Personal Actions — founded on the privity of
A
civil action is commenced by the filing of the original complaint in
contractorquasi-delict.
ErrorofJurisdictionandJudgment court.
C. MixedActions
An error of jurisdiction is one which occurs when the court exercises a ➔ Paymentofd
ocketfeeiswhatreallycommencesanaction.
jurisdiction not conferred upon it by law. It also happens when the III. AstoP
LACEO
FFILING
4. Liberalconstruction
court, although vested with jurisdiction, acts in excess of its jurisdiction A. Local Actions — an action which can be instituted
or
with grave abuse of discretion amounting to lack of jurisdiction. This To promote the objective of securing a just, speedy and inexpensive
onlyinaparticularplacesuchasarealaction.
iscorrectiblebyc ertiorari. dispositionofeveryactionandproceeding.
B. Transitory Actions — an action that follows the
An
error
of judgment, on
the other hand, presupposes that the court is residenceofthepartiessuchasapersonalaction. EXC: Rulesonreglementaryperiodtofilepleadingsorappeals.
vested with jurisdiction
over the
subject
matter
of
the action but, in the
process, it committed mistakes in the appreciation of facts and the IV. AstoO
BJECT
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 8of232
May the Rules of Court be suspended? Yes. Jurisprudence cite
specified the same has been left for determination by the party
importantfactorsthatwouldwarrantsuchsuspension:
court, the additional filing fee therefor shall constitute a
(a) Theexistenceofspecialorcompellingcircumstances; lieno
nthejudgment. PeriodtoappealwiththeCAis Periodtoappealis30daysand
generally15days therecordonappealisrequired
(b) Themeritsofthecase;
(c) A
cause not entirely attributable to the fault or negligence of the AyalaCorpv.Madayag,88421,30Jan1990
partyfavoredbythesuspensionofrules; RULE2CauseofAction
Such “awards of claims not specified in the pleading” refer only to
(d) A lack of any showing that the review sought is merely damages arising after
the
filing of the complaint or similar pleading.
frivolousanddilatory;and Cause
of action,
defined. — A cause of action is the act or omission by
Accordingly, the amount of any claim for damages arising on or
whichapartyviolatesarightofanother.
(e) The rights of the other party will not be unjustly prejudiced before the filing of the complaint or any pleading should be specified.
thereby. The exception contemplated as
to
claims not
specified or
to
claims ElementsofaCauseofAction(ROVD)
which although specified are left
to the
determination of
the court is
Note though that the
phrase, “in
the
interest
of
justice,”
is
not
a “magic a. Arightp
ertainingtotheplaintiff;
limited only to damages that may arise after the filing of the
wand that would automatically compel the suspension of procedural complaint or similar pleading since it will not be possible for
the b. A
correlative obligation
of the defendant to respect that right
rules.” Litigants
invoking liberality should exert an
effort
to
explain the claimanttospecifyorspeculateontheamountthereof. oftheplaintiff;
failure to abide by the rules and must hurdle the heavy burden of
provingthattheydeserveanexceptionaltreatment. c. Violationo fplaintiff’srightbythedefendant;AND
SpsDeLeonv.CA,104796,06Mar1998 d. Damage.
SunInsuranceOfficeLtdv.CA,170SCRA274 The question for decision is
whether in
assessing the
docket
fees to Right
of
Action — is
the
right
of
the
plaintiff
to
bring
an
action
and to
RelaxedtherulinginManchester be paid for the filing of an action for annulment or rescission of a prosecutethatactionuntilfinaljudgment.
contract of sale, the value of the
real
property, subject matter
of
the
1. It is not simply the filing of the complaint or appropriate Elements:
contract, should be used as basis, or whether the action should be
initiatory pleading, but the payment of the prescribed
considered as one which is not capable of
pecuniary estimation and a. Agoodcauseofaction;AND
docket fee, that
vests
a trial court with jurisdiction over the
thereforethefeechargedshouldbeaflatrateofP400.
subject-matter or nature of the action. Where the filing of the b. Performance all conditions precedent to the filing of the
of
initiatory pleading is not accompanied by payment of the The Court in Bautista v. Lim, held that an action for rescission of action.
docket fee,
the
court may allow payment of the fee within contract is one which cannot be estimated and therefore the
a reasonable time but in no case beyond the applicable docketfeeforitsfilingshouldbetheflatamount.
CauseofAction RightofAction
prescriptiveorreglementaryperiod.
2. The same rule applies to permissive counterclaims, III.OrdinaryCivilActions Thedelictorwrong Therightofplaintifftofileaction
third-party claims and similar pleadings, which shall
not
Createdbysubstantivelaw Regulatedbyprocedurallaw
be
considered filed until
and
unless the filing fee prescribed
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 9of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 10of232
A minor or a person alleged to be incompetent, may sue or be 2) Should the court find the reason for the omission interest in the question, but
one
in common in the
subject matter of
sued with
the assistance of
his father, mother, guardian, or if he has unmeritorious, it may order the inclusion of the omitted the suit; a community of interest growing out of the nature and
none,aguardiana dlitem. necessary party if jurisdiction over his person may be condition of the right in
dispute; for,
although there may
not
be
any
obtained. privity between the
numerous parties, there
is
a common title out of
4. Joinderofparties
which the question arises, and which lies at the foundation of the
3) The
failure
to
comply with the
order
for his inclusion, without
Husband and
wife
shall
sue
or
be
sued
jointly, except
as
provided proceedings.
justifiable cause, shall be deemed a waiver of the claim
bylaw.
againstsuchparty. Here, there is only one party plaintiff, and the
plaintiff corporation
PermissiveJoinderofParties does not even have an interest in the subject matter of the
4) The non-inclusion of a necessary party does not prevent the
1.) There is a right to relief in favor of or against or against the controversy, and cannot, therefore, represent its members or
court from
proceeding in the action, and the judgment rendered
parties joined in respect to or arising out of the same stockholders who claim to own in their individual capacities
therein shall be without prejudice to the rights of such
transactionorseriesoftransactions;and ownership of
the
said property. Moreover, a class suit does NOT lie
necessaryparty.
in actions for the recovery of property where several persons
2.) There is
a question
of
law or fact common to the parties joined 6. Effectofmisjoinderornon-joinder,unwillingco-plaintiff claim ownership of
their respective portions of the property, as
intheaction. each one could allege and prove his respective right in a different way
Unwilling co-plaintiff. — If the
consent of
any party
who should
When there is
joinder of
parties, there is
also a joinder of causes of be joined as plaintiff can not be obtained, he may be made a for each portion of the land, so
that
they cannot all
be
held to
have
action. But there can be a joinder of causes of action without a defendantandthereasonthereforshallbestatedinthecomplaint. identicaltitlethroughacquisitiveprescription.
joinderofparties. Oposav.Factoran,Jr.,1
01083
Misjoinder and non-joinder of parties. — Neither misjoinder
5. Necessaryandindispensableparties,effectsofnon-joinder nornon-joinderofpartiesisagroundfordismissalo fanaction. The civil case herein is
indeed a class suit. The subject matter of the
Compulsory joinder of indispensable parties. — Parties in Parties may be
dropped or
added by
order of
the
court on motion complaint is of common and
general interest not just
to
several, but
interest without whom no final determination can be had of an of
any
party
or
on
its
own initiative at
any stage of the action and to all citizens of the Philippines. Consequently, since the
parties are
actionshallbejoinedeitherasplaintiffsordefendants. on
such terms
as are
just.
Any claim against a misjoined party may so numerous, it
becomes impracticable, if
not totally impossible, to
besevereda ndproceededwithseparately. bring all of them before the court. We likewise declare that the
Non-inclusion or failure to implead
an
indispensable
party
shall plaintiffs therein are numerous and representative enough to
ensure
beagroundforthed
ismissalofthecase. 7. Classsuit—Conditions: the full protection of all concerned interests. Hence, all the requisites
Necessary party. — A necessary party is one who is not a. The subject matter of the controversy is one of common or for the filing of a valid class suit are present both in the said
civil
indispensablebutwhooughttobejoinedasaparty generalinteresttomanypersons; case and in
the instant petition, the
latter being but an incident to the
former.
a) if
complete
relief
is
to
be
accorded
as
to
those
already
parties, b. The parties
are
so
numerous that
it
is
impracticable
to
bring
or themallbeforethecourt(T
axpayersSuit); 8. Alternativedefendant
b) for
a complete determination or settlement of the claim subject c. A number of them which the court finds to be sufficiently Where the
plaintiff
is
uncertain against who of several persons he
oftheaction. numerousm aysueordefendforthebenefitofall. is
entitled to
relief,
he may
join
any or
all
of them as defendants in
Non-joinderofnecessarypartiestobepleaded.— the alternative, although a right to relief against one may be
SulongBayan,Inc.v.GregorioAraneta,Inc.,L-31061 inconsistentwitharightofreliefagainsttheother.
1) Whenever in any pleading in which a claim is asserted a
necessary party is not joined, the pleader shall set forth his The interest that will allow parties to
join
in
a bill
of
complaint, or 9. Unknownidentityofdefendant
name,ifknown,ands hallstatewhyheisomitted. that will enable the court to dispense with the presence of all the
Whenever the
identity
or
name
of
a defendant is
unknown, he may
parties, when numerous, except a determinate number, is not only an
be sued as the unknown owner, heir, devisee, or by such other
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 11of232
designation as
the case may require; when his identity or true name
2. Action that DOES NOT survive — annulment of marriage, 15. IndigentParty
isdiscovered,thepleadingmustbea mendeda ccordingly.
declarationonthenullityofmarriage,legalseparation.
A
party
may be authorized to litigate his action, claim or defense as
10. Entitywithoutjuridicalpersonalityasdefendant
12. Deathofapartywhoisapublicofficer an
indigent if
the court,
upon an ex parte application and hearing, is
When
two
or more persons not organized as an entity with juridical satisfied that the party is one who has no money or property
When a public officer
is
a party in
an action in his official capacity
personality enter into a transaction, they may be sued under the sufficient and available for food, shelter and basic necessities for
and during its pendency dies,
resigns, or
otherwise ceases to
hold
namebywhichtheyaregenerallyorcommonlyknown. himselfandhisfamily.
office, the action may be continued and maintained by
or
against
In the answer of such defendant, the name and addresses of the his
successor if,
within
thirty (30) days after
the
successor takes Such authority shall include an exemption from payment of
personscomposingsaidentitym ustallberevealed. office or such time as may be granted by the court, it is docket and other lawful fees, and
of
TSNs
which
the
court
may
satisfactorilyshowntothecourtbyanypartythat ordertobefurnishedhim.
11. Deathofaparty;dutyofcounsel(§16)
1) thereisasubstantialneedforcontinuingormaintainingitand The
amount of
the
docket and
other lawful fees
which the indigent
Whenever a party to a pending action dies, and the claim is not
was exempted from paying shall be a lien on any judgment
thereby extinguished, it shall be the
duty of
his counsel to
inform 2) that
the
successor
adopts
or
continues
or threatens to adopt or
the court within thirty (30) days after such death of the fact continuetoadoptorcontinuetheactionofhispredecessor. rendered in the case favorable to the indigent, unless the court
thereof, and to
give the name and address of his legal representative otherwiseprovides.
Before a substitution is made, the party or officer to be affected,
or
representatives. Failure
of
counsel to comply with his duty shall
unless expressly thereto, shall be given reasonable notice 16. NoticetoOSG
assenting
beagroundford isciplinaryaction.
oftheapplicationthereforandaccordedanopportunitytobeheard. In
any action involving the validity of any treaty, law, ordinance,
The heirs of the deceased may
be allowed to
be substituted for the executive order,
presidential decree, rules or regulations, the court,
13. Incompetenceorincapacityofparty;transferofinterest
deceased, without requiring the appointment of an executor or in its discretion, may require the appearance of the Solicitor
administrator and the
court may appoint a guardian ad litem for the If a party becomes incompetent or incapacitated, the court, upon General who may be heard in person or a representative duly
minorheirs. motion with notice, may allow the action to be continued by or designatedbyhim.
against the incompetent or incapacitated person assisted by his
The court shall forthwith order said legal representative or
legalguardiano rguardiana dlitem.
representatives to appear and be substituted within a period of RULE4VenueofActions
thirty(30)daysfromnotice. Transfer of interest. — In case of any transfer of interest, the
action may be
continued by or
against the original party, unless the 1. Realactions
If
no legal representative is
named by
the
counsel for
the deceased
court upon motion directs the person to whom the interest is Actions affecting title to
or
possession of real property, or
interest
party, or if the one so named shall fail to appear within the specified
transferred to be substituted in the action or joined with the therein, s
hall
b
e c
ommenced a
nd t
ried i
n t
he p
roper c
ourt which
period, the court may order the opposing party, within a specified
originalparty. has j
urisdiction o
ver t
he a
rea
w
herein t
he r
eal p
roperty
time to
procure the appointment of an executor or administrator for
the estate of the deceased and the latter
shall immediately appear 14. Actiononcontractualmoneyclaim,deathofdefendant involved,oraportionthereof,issituated.
for and on behalf of the deceased. The
court
charges
in
procuring 2. Personalactions
When the
action is for recovery of money arising from contract,
such appointment, if defrayed by the opposing party, may be
express or implied, and the defendant dies before entry of final Section
2.
Venue
of personal actions. — All other actions may be
recoveredascosts.
judgment in the court in which the action was pending at the time of commencedandtried
TwoKindsofAction: such death, it shall NOT be dismissed but shall instead be
a) where the plaintiff or any of the principal plaintiffs
1. Action that survives — substitution by an administrator,
allowedtocontinueuntilentryoffinaljudgment.
resides,or
executororthelegalheirs. A favorable judgment obtained by the plaintiff therein shall be b) where the defendant or any of the principal defendants
enforced in the manner especially provided in these Rules for resides,or
prosecutingclaimsagainstthee stateo fadeceasedperson.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 12of232
c) in
the
case
of
a non-resident
defendant
where
he
may be
of
suits in
the
residence of
plaintiff
or defendant. The plain meaning signature
thereon, he
signified his
assent
thereto.
Thus, the
ruling in
found,
is
that
the parties merely consented to be sued in Manila. Qualifying SweetLinesInc.v.Teves,etal.isnotapplicableinthiscase.
attheelectionoftheplaintiff. or restrictive words which would indicate that
Manila
and Manila
alone is the venue are totally absent therefrom. The parties solely
3. Actionsagainstnon-residents
agreed to ADD the courts of Manila as
tribunals to
which they
may PilipinoTelephoneCorpv.Tecson,156966,7May2004
Actions that may be filed against a nonresident defendant resort. They did
not
waive their right to pursue remedy in the courts Respondent filed with the RTC of Iligan City, Lanao Del Norte, a
whodoesnotresideandnotfoundinthe Philippines: specifically mentioned in Section 2(b) of Rule 4. Renuntiatio non complaint against petitioner for a “Sum of Money and Damages.”
1.) Actionsthataffectsthep
ersonalstatusoftheplaintiff;or praesumitur. Petitioner
moved for
the
dismissal of the complaint on the ground of
SweetLinesv.Teves,L-37750 impropervenue.
2.) Actions that
affect
the
property, or any portion thereof, of
saiddefendantlocatedhereinthePhilippines. May a common carrier engaged in inter-island shipping stipulate The provision contained in paragraph 22 of the “Mobile Service
thru a condition printed
at
the back
of passage tickets to
its
vessels Agreement,” states that the venue of all suits arising from the
The action may be commenced and tried
in
the
court
of
the
place
that any and all actions arising out of the contract of carriage should agreement, or any other suit directly or indirectly arising from the
where
be filed only
in
a particular province or city, in
this
case
the City
of relationship between PILTEL and subscriber, “shall
be
in
the
proper
1.) theplaintiffresides,or Cebu,totheexclusionofallothers? courts of Makati, Metro Manila.” The added stipulation that the
2.) thepropertyoranyportionthereofissituatedorfound. subscriber “expressly waives any other venue” should indicate,
NO. Although venue may be changed or transferred from one clearly enough, the intent of the parties to consider the venue
Where the plaintiff is a NRFC but allowed to sue here, then the province to another by agreement of the parties in
writing, such an stipulationasbeingpreclusiveincharacter.
venue
is
where the
defendant resides, or,
in
real
actions,
where the agreement will not be
held valid where it practically negates the
property or a portion thereof is situated. (Time, Inc. v. Reyes, action of the claimants, such as the private respondents herein. The A
contract duly
executed is
the
law
between the
parties, and they are
L-28882) philosophy underlying the
provisions on transfer of venue of actions obliged to comply fully and not selectively with its terms. A contract
is the convenience of the plaintiffs as well as his witnesses and to ofadhesionisnoexception.
4. WhenRulenotapplicable
promote the ends of justice. Considering the expense and trouble a Villanuevav.Mosqueda,58287
ThisRuleshallnotapply. passenger residing outside of Cebu City would incur to
prosecute a
claim in the City
of
Cebu,
he would most probably decide not to file An
agreement as
to venue in
a contract
of
lease is
valid
and binding.
(a) In those cases where a specific rule or law provides Thus, even if the real property is located in Manila but the
parties
the action at all. The condition will thus defeat,
instead of
enhance,
otherwise; have agreed on a venue at Masantol, Pampanga,the same has to be
theendsofjustice.
E.g.
Libel
cases;
Sec
5(4)
Art
VIII,
1987 Constitution — SC may followedandthefilingoftheejectmentcaseinMasantolisproper.
Arquerov.Flojo,68111
orderachangeofvenuetoavoidamiscarriageofjustice. ⭐HygienicPackagingv.Nutri-Asia,2
01302,2019,Leonen,J
In
the written contract sued upon, it was expressly stipulated that any
(b) Where the
parties
have
validly
agreed
in
writing before the The sales invoices, if viewed to
be
a contract on venue
stipulation,
action relative to the transmittal of the telegram against the RCPI
filingoftheactionontheexclusivevenuethereof. were not signed by petitioner's agent to be bound by such stipulation.
mustbebroughtintheCourtsofQuezonCitya lone.
The signature has to do with
the receipt of
the
purchased goods "in
Polytradev.Blanco,L-27033,31Oct1969 In the instant case, the condition with respect to venue in the good order and condition." Petitioner did not, therefore, agree to
be
telegram form for transmission was printed clearly in the upper front restricted to a venue in Manila and was never obliged
to observe
The forefront
question
is
whether
or
not
venue
was
properly
laid
in portion of the form. Considering the petitioner's educational thisunilateralstatementinthesalesinvoices.
theprovinceofBulacanwheredefendantisaresident. attainment (being a lawyer by profession and the Municipal Mayor of
Sta. Teresita Cagayan), he must be charged with notice of the
An
accurate reading, however, of the stipulation, "The parties agree to
sue
and
be
sued in
the
Courts of Manila", does not preclude the filing condition limiting the venue to Quezon City and by affixing his RULE5UniformProceduresinTrialCourts
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 13of232
IV.ProcedureinRTC 2. AnswerandKindsofDefenses NB: he 2019 Amendments have removed Rule 16 on Motion to
T
Dismiss. Now, instead of filing a motion to dismiss, the
An answer is a pleading in which a defending party sets forth his or grounds for
the
dismissal
of
a complaint
may be
incorporated
herdefenses. as a special affirmative defense. Note that these 3 grounds
RULE6KindsofPleadings
Defensesmayeitherbenegativeoraffirmative. arethosethatarenotwaivedevenifnotraisedintheanswer.
1. KindsofPleadings Additionalspecialaffirmativedefensesarefoundin§
12R8.
negative
(a) A defense is the specific denial of the material fact this plus S5 (p4) R8 no need for SH, resolve
➔ Pleadings are the written statements of the respective claims or
facts
alleged
in
the
pleading
of
the
claimant
essential
to
his w/in 30 days after answer
and defenses of the parties submitted to the court for causeorcausesofaction.
appropriatejudgment. 3. Counterclaims,kindsofcounterclaims
(b) An affirmative d
efense is an allegation of a new matter
➔ The claims of a party are asserted in a complaint, A counterclaim is any claim which a defending party may have
which, while
hypothetically admitting
the
material
allegations
counterclaim, cross-claim, third (fourth, etc.)-party againstanopposingparty.
in
the
pleading
of
the
claimant,
would
nevertheless prevent
or
complaint,orcomplaint-in-intervention. barrecoverybyhim. Purpose:Toavoidm
ultiplicityofsuits.
➔ The defenses of a party are alleged in the answer to the ExamplesofAffirmativeDefensesare: A compulsory counterclaim is one which, being cognizable by
pleadingassertingaclaimagainsthimorher. optional summary hearing w/in 15 the regular courts of
justice,
arises
out
of
or
is
connected with
the
1. Fraud, days from
➔ An answer may be responded to by a reply only if the transaction or occurrence constituting the subject matter of the
answer;
2. Statuteoflimitations, resolved w/in 30 days opposing party's claim and
does not require for its adjudication the
defending party attaches an actionable document to the
from termination of SH. presence of third parties of whom the court cannot acquire
answer. 3. Release,
jurisdiction.
➔ The complaint is the pleading alleging the plaintiff's or 4. Payment,
claiming party’s cause or causes of action. The names and Such a counterclaim must be within the jurisdiction of the court
5. Illegality, both as to the amount and the nature thereof, except that in an
residences of the
plaintiff
and
defendant must be
stated
in
the
complaint. 6. Statuteoffrauds, original action before the RTC, the counter-claim may be considered
compulsory regardless of the amount. A compulsory
Pleadings: 7. Estoppel,
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 14of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 15of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 16of232
The signature o f the affiant shall further serve as a The plaintiff or principal party shall certify under oath in the
Can a compulsory counterclaim pleaded
in
an
Answer be dismissed
certification of the truthfulness of the allegations in the complaint or other initiatory pleading asserting a claim for
on the ground of a failure to accompany it with a certificate of
pleading. relief, or in a sworn certification annexed thereto and
non-forumshopping?
simultaneouslyfiledtherewith:
Apleadingrequiredtobeverifiedthat
NO. The certification applies ONLY to permissive counterclaims and
(a) that
he
has
not
theretofore commenced any action
or
filed
any
a) containsaverificationbasedon"informationandbelief,or NOTtocompulsorycounterclaims.
claim involving the same issues in any court, tribunal or
b) upon"knowledge,informationandbelief,"or quasi-judicial agency and, to the best of his knowledge, no such FarEasternShippingCo.v.CA,1
30068
c) lacksaproperverification, otheractionorclaimispendingtherein;
It must be stressed that the certification against forum shopping
shallbetreatedasanunsignedpleading. (b) if there is such other pending action or claim, a complete ordained under the
Rules is to be executed by the petitioner, and NOT
statementofthepresentstatusthereof;and bycounsel.
NOTES
(c) if
he
should thereafter learn that the
same or
similar
action or
The purpose
of
verification is
to
insure good faith in the averments ⭐Section 6. Contents. — Every pleading stating a party’s claims or
claim has been filed or is pending, he shall report that fact
of
a pleading. Although lack of verification in a pleading is a formal defenses shall,
in
addition
to
those
mandated by Section 2, Rule 7, state
within five
(5)
calendar days therefrom to
the
court
wherein
defect, not jurisdictional defect, and can be cured by thefollowing:
hisaforesaidcomplaintorinitiatorypleadinghasbeenfiled.
amendment. (Phil. Bank
of
Commerce v. Macadaeg, L-14174, Oct. (a) Names witnesses
of who will be presented to prove a party’s
31,1960) The authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or a special claimordefense;
Proper:“b
asedonpersonalknowledgeandbelief.” powerofattorney,s houldbeattachedtothepleading. (b) Summary of the witnesses’ intended testimonies, provided
Improper:“b
asedonknowledge,i nformation,a
ndbelief” Failure to comply with the foregoing requirements shall not be that
the
judicial affidavits of said witnesses shall be attached to
curable by mere amendment of
the
complaint or other initiatory thepleadingandformanintegralpartthereof.
VerificationisgenerallyO
PTIONAL,except:
pleading but shall
be cause for the dismissal of the case without Only witnesses whose judicial affidavits are attached to the
1.) Rule
8 – when you deny the due execution of an actionable prejudice, unless otherwise provided, upon motion and after pleading shall be presented by the parties during trial. Except if
document; hearing. a party presents meritorious reasons as basis for the
2.) Summary Rules – all pleadings under summary rules admission of additional witnesses, no other witness or
shouldbeverified; The submission of
a false certification or non-compliance with any
affidavitshallbeheardoradmittedbythecourt;and
of the undertakings therein shall
constitute indirect
contempt of
3.) Special
Civil
Actions – petitions for certiorari, prohibition court, without prejudice to the corresponding administrative and (c) Documentary and object evidence in support of the
andmandamus; criminalactions. allegationscontainedinthepleading.
4.) PetitionforRelieffromJudgment;
If
the
acts
of
the
party
or
his counsel clearly constitute willful and
5.) PetitionsforReviewunderRules42and43; deliberate forum shopping, the same shall be ground for RULE8MannerofMakingAllegationsinPleadings
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 17of232
If a cause of action or defense relied on is based on law, the
pertinent provisions thereof and
their
applicability to
him
shall be
3. Averments 5. Howtocontestsuchdocument,e
xceptions
clearlyandconciselystated.
Judgment. — It is sufficient to aver the judgment or decision When an action or defense is founded upon
a written
instrument,
MattersNOTstatedinthepleading:
without setting forth matter showing jurisdiction to render it. An copied in
or
attached to
the
corresponding pleading as
provided in
1.) Factswhicharepresumedbylaw; authenticated copy of the judgment or decision shall be the preceding section, the genuineness and due execution
attachedtothepleading. of the instrument shall be deemed admitted unless the
2.) Conclusionsoffactorlaw;
GeneralAverment SpecificAverment adverse party, under oath specifically denies them, and sets
except If a defense relied on is based on law, the pertinent forth what he claims to be the facts, but
the
requirement of
an
provisions thereof and their applicability to him shall be oath
does not apply
when
the
adverse party does not appear to be a
Conditionsprecedent Capacitytosueorbesued
clearlyandconciselystated. party to the instrument or when compliance with an order
for an
3.) Matters
which
are
in
the
domain
of
judicial
notice
need
not be Malice,intent,knowledge Legalexistence inspectionoftheoriginalinstrumentisrefused.
alleged. GR: The genuineness and
due
execution
of
the
instrument
shall
be
Conditionofthemind Fraudormistake
NB: Evidentiary
Facts
are
now required to be stated in deemedadmitted.
thepleading. Judgment EXC: Unlesstheadverseparty,
1. underoath
Officialactordocument
2. Alternativecausesofactionordefenses 2. specificallydeniesthem,and
4. Actionordefensebasedondocument
A
party
may set
forth
two
or
more statements of a claim or defense 3. setsforthwhatheclaimstobethefacts
alternatively or hypothetically, either in one cause of action or Whenever an action or
defense is
based upon a written instrument
defense or in separate causes of action or defenses. When two
or or document, the substance of
such instrument or
document shall EXCtotheEXC:
more statements are made in the alternative and one of them if be set forth in the pleading, and the original or a copy thereof
Buttherequirementofanoathdoesnotapply
made independently would be sufficient, the pleading is
not made shall be attached to the pleading as an exhibit, which
shall be
insufficient by the insufficiency of one or more of the alternative deemed to be a part of the pleading, or said copy may with like 1. When the adverse party does not appear to be a party to the
statements. effectbesetforthinthepleading. instrument;or
Co-relatedprovisions An ACTIONABLE DOCUMENT is one which is the basis or the 2. When compliance with an order for an inspection of the
foundation of the cause of action or defense and not merely an originalinstrumentisrefused.
1.) Rule 2,
Section
5 —
where
a party
may,
in
one
pleading
state
evidenceofthecauseofactionordefense. 3. When the document to be denied is not classified as an
inthealternativeorotherwise,asmanycausesofaction;
HowtoPleadanActionableDocument? actionabledocumentbutmerelyanevidentiarymatter.
2.) Rule 3, Section 6 — on permissive joinder of parties. When
may 2 persons or more be joined as plaintiffs or defendants 1.) The substance shall be set forth in the pleading and the SpecificFactsDeemedAdmitted
and how are they joined? They are
joined jointly, severally,
or original
or
a copy
thereof
shall be
attached to
the pleading as 1.) Thepartywhosesignatureitbearssignedit;
alternatively;and anexhibit;OR
2.) If signed by another, it was signed for him and with his
3.) Rule
3,
Section
13 — on alternative defendants. When you are 2.) Copy of the document may with like effect be quoted in authority;
uncertain who is the real defendant, you may join them verbatim in the pleading in which case, there is no need to
attachthecopy. 3.) At
the
time it was signed, it was in words and figures exactly as
alternatively although the relief against one may be
setoutinthepleadingofthepartyrelyinguponit;
inconsistentwiththeother. Effectofviolation:GroundforMotiontoDismiss.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 18of232
that any sham or false, redundant, immaterial, impertinent, or
4.) Thedocumentwasdelivered;and What is only denied is the qualification to
the
averment.
The
scandalousmatterb estrickenouttherefrom.
substanceoftheallegationisactuallyadmitted.
5.) The formal requisites of law, such as seal, acknowledgement
(notarization) or revenue stamp which it
lacks,
are
waived
by 3.) Where a defendant is without knowledge or information
it. sufficient to
form a belief as to the truth of a material averment 8. AffirmativeDefenses⭐
made in the complaint, he shall so state, and this shall have the
Defensesnolongeravailable Section12.A ffirmativedefenses.—
effectofadenial.
1.) ThesignatureappearinginthedocumentisaForgery; (a) A
defendant shall
raise
his
or her affirmative defenses in his or
Must be done in
good faith. Otherwise, denial shall be treated
2.) In
case
it
was signed by an agent in behalf of the corporation or her ANSWER, which shall be limited to the
reasons
set
forth
asanadmission.
partnership,oraprincipal,thesignaturewasunauthorized; underSection5(b),Rule6,andthefollowinggrounds:
Denial based on lack of
knowledge or information sufficient to
3.) The corporation was not authorized under its charter to sign 1. That the court has no jurisdiction over
the
person
form a belief on the content of a document which is actually in
theinstrument; ofthedefendingparty;
the possession of the defendant is tantamount to an
4.) The party charged signed it in some other capacity than that admission(WarnerBarnes&Co.v.Reyes,L-9531). 2. Thatvenuei simproperlylaid;
allegedinthepleading;and 3. Thattheplaintiffhasnolegalcapacitytosue;
5.) Itwasneverdelivered.(H
ibberdv.Rhode,supra) Allegations not specifically denied deemed admitted. — 4. That the
pleading asserting
the
claim
states
no
cause
ImpliedAdmissionDeemedWaived Material averments in a pleading asserting a claim
or
claims, ofaction;and
other
than those
as to the amount of unliquidated damages, shall be
1.) Where the pleader presented witnesses to prove genuineness 5. That a condition precedent for filing the claim
has
deemedadmittedwhennotspecificallydenied.
and due
execution and the adversary proved, without objection, notbeencompliedwith.
thecontrary.(Y uChuckv.KongLiPo,46Phil.608); GR: aterial averment
M in
a complaint
shall
be
deemed
admitted
(b) Failure to raise the affirmative defenses at the earliest
whennotspecificallydenied.
2.) Where the
pleader
fails
to
object
to
evidence
controverting
the opportunityshallconstituteaw aivert hereof.
dueexecution.(L
egardaKohv.Ongsiaco,36Phil.185) EXC:
(c) The court shall motu proprio resolve the above affirmative
Official document or act. — In
pleading an
official
document or 1.) Amountofunliquidateddamages; defenses within thirty (30)
calendar days from
the filing
of
official act,
it
is
sufficient
to
aver
that
the
document was
issued or 2.) Immaterial averments (Worcester v.
Lorenzana, 56
O.G.
7932, theanswer.
theactwasd oneincompliancewithlaw. Dec.26,1960) (d) As to
the other affirmative defenses under the first paragraph of
3.) Evidentiarymatters;(A
gatonv.Perez,L-19548,Dec.22,1966) Section 5(b), Rule 6, the court may conduct a summary
hearing within fifteen (15) calendar days from the
filing of
6. Specificdenial;negativepregnant;effectofnospecificdenial 4.) Conclusionsoffactsorlaw. the answer. Such affirmative defenses
shall be resolved by
the
ThreeModesofSpecificDenial court within thirty (30)
calendar days from the
termination
ofthesummaryhearing.
1.) A defendant must specify each material allegation of fact the 7. Strikingoutofpleadings
truth of which he does not admit and, whenever practicable, (e) Affirmative defenses, if
denied, shall
NOT be
the subject of a
Upon motion made by
a party before responding to a pleading or, if motion for reconsideration or petition for certiorari,
shall set forth the substance of the matters upon which he
no responsive pleading is permitted by these Rules, upon
motion prohibition or
mandamus, but may be
among the matters to
reliestosupporthisdenial;
made by a party w
ithin twenty (20) calendar days after the beraisedonappealafterajudgmentonthemerits.
2.) Negative Pregnant. Where a defendant desires to deny only a service of
the pleading upon him, or upon the court's own initiative
part of an averment, he shall specify so much of
it
as
is
true at
any time, the court
may order
any
pleading to
be
stricken out or
andmaterialandshalldenyonlytheremainder; RULE9EffectofFailuretoPlead
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 19of232
court
shall
try
the
case
against
all
upon
the
answers
thus filed
1. Defenseandobjectionsnotpleadeddeemedwaived 5. MeritoriousDefense-throughanAffidavitofMerit.
andrenderjudgmentupontheevidencepresented.
GR: Defenses or objections not pleaded in
an
answer
are
deemed LimitationsonaDefaultJudgment
(d) Extent of relief to be awarded. — A judgment rendered
waived.
against
a party in default shall neither exceed the amount or be 1.) Shouldnotexceedtheamountprayedforinthecomplaint;
EXC: different in kind from that prayed for nor
award
unliquidated 2.) Should not be different in kind from that prayed for in the
1. Courthasnojurisdictionoverthesubjectmatter, damages. complaint;
2. Litis
pendentia. That
there
is
another
action
pending between (e) Where no defaults allowed. — If the defending party in an 3.) Shouldnotawardunliquidateddamages.
thesamepartiesforthesamecause,or action for annulment or declaration of nullity of marriage or for
legal separation fails to answer, the court shall order the Defendantfailedtoappearin
DefendantinDefault
3. Resjudicata.Thattheactionisbarredbyapriorjudgmentor Solicitor General or his or her deputized public court
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 20of232
that the actual merits of the controversy may speedily be
estoppel b. afternoticetotheadverseparty,and
determined, without regard to technicalities, and in the most
expeditiousandinexpensivemanner. c. anopportunitytobeheard.
ImportantRulesonDefault
➔ Amendment does not retroact to the
date
of
the
filing
of MatterofRight
➔ Must be initiated by the plaintiff. The court can not declare
defendantindefaultm otuproprio. theoriginalaction.
BeforeanAnswerisfiled(Complaint)
➔ Thegrantordenialisdiscretionaryuponthecourt. ➔ Amendments to pleadings are favored and should be
liberallyallowedinorder Beforeareplyisfiledorbeforetheperiodforfilingareplyexpires
➔ Answer may still
be
filed
even
after
lapse
of
period
as
long
as (Answer)
noorderofdefaultisrendered. (a) to
determine
every case as far as possible on its actual
meritswithoutregardtotechnicalities,
➔ The judge may be compelled by mandamus to accept an Anytimewithin10c alendardaysafteritisserved(Reply)
Answerfromadefendantwhohasnotbeendeclaredindefault. (b) tospeedupthetrialofcases,and
Formalamendment
➔ An
order
of
default
is
not
appealable since
it is interlocutory. (c) topreventunnecessaryexpenses.
TheonlyremedyisC ertiorarionRule65basedonG ADALEJ. TypesofAmendment 3. Formalamendments
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 21of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 22of232
2. Actionbythecourt,compliancewithorder,effectof Service
is the act of providing a party with a copy of the pleading a) Email;
non-compliance oranyothercourtsubmission. b) Fax;
Upon the filing of the motion, the clerk of court must immediately 2. ManneroffilingandModesofservice
c) Other electronic means as may be authorized by the
bring it
to the attention of the
court which may either deny or grant
The filing of pleadings and other court submissions shall be Court, or as provided for in
international conventions
itoutright,orallowthepartiestheopportunitytobeheard.
madeby towhichthePhilippinesisaparty
Compliance with order. — If the motion is granted, either in
(a) Submitting personally the original thereof, plainly
whole or in part, the compliance therewith must be effected within
ten (10) calendar days from notice of the order, unless a different indicatedassuch,tothecourt; 3. Personalservice,whenconsideredcomplete
period is fixed by the court. The bill of particulars or a more (b) Sendingthembyr egisteredmail; Court submissions may be served by personal delivery of a
definite statement ordered by the court may be filed either in a copy
(c) Sendingthembyaccreditedcourier;or
separate or in an amended pleading, serving a copy thereof on the
adverseparty. The date of
mailing as shown by the post office stamp on 1) to the party or to the party’s counsel, or to their authorized
the envelope or the registry receipt, shall be
considered representative n
amed i
n the appropriate pleading or
Effect of non-compliance. — If the order is
not obeyed, or in case motion , o
r
asthedateoftheirfiling.
of insufficient compliance therewith, the court may order the
striking out of the pleading or the portions thereof to which the (d) Transmitting them by electronic mail or other 2) by leaving it in his office with his clerk or with a person
orderwasdirectedormakesuchotherorderasitdeemsjust. electronic means as may be authorized by the Court in havingchargethereof.
placeswherethecourtiselectronicallyequipped. 3) If no person is found in his office, or his office is not known, or
3. Stayofperiodtofileresponsivepleadings
The date of
electronic transmission shall
be
considered he has no office, then by leaving the copy, between 8AM - 6PM,
After service of the bill of particulars or of a more definite pleading, at
t he p arty's o r c ounsel's residence, if known, with a person
asthedateoffiling.
or after notice of denial of his motion, the moving party may file his ofsufficientageanddiscretionthenresidingtherein.
responsive pleading within the period to which he
was entitled at
the time of filing his motion, which shall
not be
less
than
five
(5) 4. Servicebymail,whenitcanbeavailedof
MannerofFILING:
calendard aysinanyevent. By depositing the copy in the post office in a sealed envelope,
1) Personally; plainly addressed to the party or to the party’s counsel at his
A bill of particulars becomes part of the pleading for which it is
intended. 2) Registered M
ail; office, if
known, otherwise at
his residence, if known, with postage
fully prepaid, and with instructions to
the postmaster to return the
3) Byaccreditedcourier;or
mailtothesenderaftert en(10)c alendard aysifundelivered.
RULE 13 Filing and Service of Pleadings, Judgments and
4) Byelectronicmailorotherelectronicmeans.
OtherPapers If no registry service is available in the locality of either the
ModesofSERVICE: sendersortheaddressee,servicemaybedonebyo rdinarymail.
This Rule shall govern the filing of all pleading, motions, and
other court submissions, as well as the service thereof, except 1) Personal; 5. Substitutedservice,towhomdelivered
thoseforwhichadifferentmodeofserviceisprescribed. 2) Registeredmail; If service cannot be made personally or by mail, the office and
1. Meaningoffilingandservice place of residence of the party or his counsel being unknown,
3) Accreditedcourier;
service may be made by delivering
the copy
to the clerk of court,
Filing
is the act of submitting the pleading or other paper to the 4) Substitutedservice; with proof of failure of
both personal service and
service by
mail.
clerkofcourt. 5) Byelectronicmeans. Theserviceiscompleteatthetimeofsuchdelivery.
6. ServicebyELECTRONICmeans⭐(§9)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 23of232
be served upon him also by publication at the expense of the
Shall be made if
the
party consents
concerned to such modes of e) Electronicservice —
prevailingparty.
service. i) at the time of the electronic transmission of the
Conventional service or filing of orders, pleadings and other
Service by
electronic means shall
be
made by
sending an e-mail to document,or
documents. — Notwithstanding the
foregoing,
the
following must
the party’s or counsel’s electronic mail address, or through other ii) when available, at the time that the electronic
be served or filed personally or
by
registered
mail when
allowed,
electronic means of transmission as the parties may agree on, or notificationofserviceofthedocumentissent.
and shall not be served or filed electronically, unless express
upondirectionofthecourt.
permissionisgrantedbytheCourt: Electronic service is not effective or complete if the party
Service by facsimile
shall
be
made
by
sending
a facsimile
copy
to serving
the
document learns that
it did not reach the addressee
(a) Initiatory pleadings and initial responsive pleadings, such as
theparty’sorcounsel’sgivenfacsimilenumber. orpersontobeserved.
ananswer;
Change of electronic mail address or facsimile number. — A f) Service by facsimile transmission — upon receipt by the
(b) Subpoenae,protectionorders,andwrits;
party who changes his or her electronic mail
address or
facsimile otherparty,asindicatedinthefacsimiletransmissionprintout.
number while the
action is
pending must promptly file, within five (c) Appendices and exhibits to motions, or other
documents that
(5) calendar days from such change, a notice
of
change
of
e-mail are not readily amenable to electronic scanning may, at the 10. Proofoffiling
address or
facsimile number with
the court and serve the notice on option of the party filing such, be filed and served (a) Personally — by
the
written or
stamped acknowledgment
allotherparties. conventionally;and of
its
filing
by
the clerk of court on a copy of the pleading or
Service through the
electronic
mail
address
or facsimile number of (d) Sealedandconfidentialdocumentsorrecords. courtsubmission;
a party shall be presumed valid unless such party notifies the 9. Completenessofservice.— (b) By registered mail — by the registry receipt AND by the
courtofanychange,asaforementioned. affidavito fthepersonwhomaileditxxx.
a) Personalservice—uponactualdelivery.
7. PresumptiveService⭐(§10) (c) Through an accredited courier
service
— by an affidavit of
b) Service by ordinary mail — upon
the
expiration
of
ten
(10)
There shall be presumptive
notice
to
a party
of
a court
setting
if service of the person who brought the pleading or other
calendar days after mailing, unless the court otherwise
suchnoticeappearsontherecordstohavebeenmailed document to the service provider,
together
with the courier’s
provides.
officialreceipta nddocumenttrackingnumber.
a) at least twenty (20) calendar days prior to the scheduled date c) Servicebyr egisteredmail—
of
hearing and if the addressee is from within the same judicial (d) By electronic mail — by an
affidavit of
electronic filing
of
regionofthecourtwherethecaseispending,or i) uponactualreceiptbytheaddressee,OR the filing party
accompanied by a paper
copy of
the
pleading
b) at least thirty (30) calendar days if the addressee is from or other document transmitted or a written or stamped
ii) after
five
(5)
calendar days from the date he received
outsidethejudicialregion. acknowledgmentofitsfilingbytheclerkofcourt.
thefirstnoticeofthepostmaster,
8. Serviceofjudgment,finalordersorresolutions (e) Through other authorized electronic means — by an
whicheverdateisearlier.
affidavit of electronic filing of the filing
party
accompanied
Judgments, final orders or resolutions shall be served either d) Servicebyaccreditedcourier—
by
a copy
of
the
electronic acknowledgment of
its
filing by
personallyo rbyr egisteredmail. thecourt.
i) uponactualreceiptbytheaddressee,or
Upon ex parte motion of any party in the case,
a copy
of
the 11. Proofofservice
ii) after
at
least
two
(2) attempts to deliver by the courier
judgment, final order, or resolution may be delivered by
service,or Proofofp
ersonalserviceshallconsistof
accreditedcourierattheexpenseofsuchparty.
iii) upon the
expiration of
five
(5)
calendar
days
after
the a) awrittenadmissionofthepartyserved,or
When a party summoned by publication has
failed
to
appear in
firstattempttodeliver,
the
action, judgments,
final
orders
or
resolutions against
him shall b) theofficialreturnoftheserver,or
whicheverisearlier.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 24of232
the property in that province affected thereby. Only from the time of
c) theaffidavitofthepartyserving, The sheriff, his deputy, or other proper court officer, and in case of
filing such notice for record shall
a purchaser, or
encumbrancer of
failure of service of summons by them, the court may
containing a full statement of the date, place and manner of the property affected thereby, be deemed to have constructive notice
authorize the plaintiff - to
serve
the
summons - together with
service. of
the pendency of the action,
and
only
of
its
pendency against
the
thesheriff.
Iftheserviceismadeby: partiesdesignatedbytheirrealnames.
In cases where summons is to be served outside the judicial
(a) Ordinary mail. — An affidavit of
the
person
mailing
stating The notice of
lis
pendens
may be
cancelled only
upon
order
of
the
region of the court where the case is pending, the plaintiff
thefactsshowingcompliancewithSection7ofthisRule. court, after proper showing that the notice is for the purpose of
shallbeauthorizedtocausetheserviceofsummons.
molesting the adverse party, or that it is not necessary to protect the
(b) Registered mail. — By the affidavit mentioned above and rightsoftherightsofthepartywhocausedittoberecorded. If the plaintiff is
a juridical
entity, it
shall
notify
the
court,
in
theregistryreceiptissuedbythemailingoffice. writing, and name its authorized representative therein,
The registry return card shall
be filed
immediately upon its RULE14Summons attaching a board resolution or secretary’s certificate thereto,
receipt by the sender, or in lieu thereof, the unclaimed letter as the case may be, stating that such representative is duly
together with the certified or sworn copy of the notice given by 1. Whowillissueandwhatitcontains authorizedtoservethesummonsonbehalfoftheplaintiff.
thepostmastertotheaddressee. Clerk to
issue
summons. — Unless the complaint is
on
its face If
the
plaintiff MISREPRESENTS that the defendant was served
(c) Accredited courier service. — By an affidavit of service dismissible under
Section 1,
Rule
9,
the court shall, within five summons, and it
is
later
proved that no summons was served,
executed by the person who brought the pleading or
paper
to (5) calendar days from receipt of
the initiatory pleading and the case shall be DISMISSED WITH PREJUDICE, the proceedings
the service provider, together with the courier’s official proof of
payment of
the
requisite legal fees,
direct the
clerk of shall be
nullified, and the
plaintiff shall be meted appropriate
receiptordocumenttrackingnumber. courttoissuethecorrespondingsummonstothedefendants. sanctions.
(d) Electronic mail, facsimile, or other authorized electronic Contents. — The summons shall be directed to the defendant, If
summons is
returned
without being served on any or all the
means of transmission. — By an affidavit of service signedbytheclerkofcourtundersealandcontain defendants, the court shall order the plaintiff to cause the
executed
by the
person
who
sent the
email,
facsimile,
or
other serviceofsummonsbyothermeansavailableundertheRules.
(a) The name of the court and the names of the parties to the
electronic transmission, together with a printed proof of action; Failure to comply with the order shall
cause
the
dismissal
of
transmittal. theinitiatorypleadingwithoutprejudice.
(b) When authorized by the court upon ex parte motion, an
12. Court-issuedorders⭐(§18) authorization for the plaintiff to serve summons to the Service in person on defendant. — Whenever practicable, the
The court may electronically serve orders and other documents to defendant; summons shall be served by handing a copy thereof to the
all the parties in the case which shall have the same effect and defendant in
person
and informing the defendant that he or she
(c) A direction
that
the
defendant
answer
within
the
time
fixed
by is
being
served, or, if he or she refuses to receive and sign for it, by
validity as provided herein. A paper copy of the order or other theseRules;
document electronically served shall be retained and attached to the leaving the summons within the view and in the presence of
recordofthecase. (d) A notice that unless the defendant so answers, plaintiff will thedefendant.
take judgment by
default and may
be
granted
the
relief applied Whencanplaintiffbeauthorizedtoeffectserviceofsummons?
13. NoticeofL
isPendens for.
In an action affecting the title or the right of possession of real 1) in case of failure of service of summons by the sheriff, his
A copy of
the complaint and
order for
appointment of
guardian ad deputy, or
other proper court
officers,
the
court may authorize
property, the plaintiff and the
defendant, when affirmative relief is litem if any, shall be attached to
the
original
and
each copy
of
the
claimed in his answer, may record in the office of the registry of theplaintiff-toservethesummons-togetherwiththesheriff;
summons.
deeds of
the province in which the property is situated notice of the 2) summons is to be served outside the judicial region of the
pendency of the action. Said notice shall
contain the names the 2.
of Whowillservicesummons courtwherethecaseispending;
parties and the
object
of
the
action or defense, and a description of
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 25of232
3) If the summons is returned without being served on any There is failure of service after unsuccessful attempts to By
the officer
having the management of such jail or institution
defendant. personally serve the summons on
the
defendant
in
his
or
her who is
deemed deputized as
a special
sheriff
for said purpose.
addressindicatedinthecomplaint. The jail warden shall
file a return within five (5) calendar
3. Returnofservice,issuanceofaliassummons⭐
daysfromserviceofsummonstothedefendant.
4. Substitutedserviceofsummons
Return. — Within thirty (30) calendar days from issuance of
c) Minororincompetent
summons by the clerk of court and receipt thereof, the sheriff
or If,
for
justifiable causes, the defendant cannot be served personally
process server, or person authorized by the court, shall complete after at least three (3) attempts on two (2) different dates, Upon him personally and on his legal guardian if he has one, or
its service. Within five (5) calendar days from service of servicemaybeeffected: if none his guardian ad litem whose appointment shall be
summons, the server shall file with the
court and
serve a copy
of applied for
by
the
plaintiff. In the case of a minor, service shall
(a) By leaving copies of
the
summons at the defendant's residence
the return
to
the
plaintiff’s counsel, personally, by registered mail, bemadeonhisorherparentorguardian.
to a person at least eighteen (18) years of age and of
orbyelectronicmeansauthorizedbytheRules.
sufficientdiscretionresidingt herein; d) Spouse
Should substituted service have been effected, the return shall
(b) By
leaving
copies of
the
summons at
the defendant's office or When
spouses are
sued jointly, service of summons should be
statethefollowing:
regular place of business with some competent person in madetoeachspousei ndividually.
(1) The impossibility of prompt
personal
service within a period charge thereof. A competent person includes, but is not
e) Domesticprivatecorporation
of thirty (30) calendar days from issue and receipt of limited to,
one
who customarily receives correspondences
summons; forthedefendant; Servicemaybemadeonthe
(2) The date and time of the three (3) attempts on at
least (2) (c) By leaving copies of the summons, if refused entry upon 1) president,
two different dates to cause personal service and
the details making his
or
her
authority and purpose known, with any 2) managingpartner,
of the inquiries made to locate
the
defendant residing thereat; of the officers of the homeowners’ association or 3) generalmanager,
and condominium corporation, or its chief security officer in 4) corporatesecretary,
charge of the community or the building where the 5) treasurer,or
(3) The name of the person at least eighteen (18) years of
age
defendantmaybefound;and 6) in-house counsel of
the
corporation
wherever they
and
of sufficient discretion residing thereat, name of competent
maybefound,or
person in charge of the defendant’s office or regular place of (d) By
sending an electronic mail to the defendant’s electronic
7) in their absence or unavailability, on their
business, or name of the officer of the homeowners’ mailaddress,ifallowedbythecourt.
secretaries.
association or condominium corporation or its chief
security
Service consistent with international conventions. — Service
officer in charge of the community or building where the If such
service
cannot
be
made upon
any
of
the
foregoing
may be made through methods which are consistent with
defendantmaybefound. persons,itshallbemadeupon
establishedinternationalconventionstowhichthePHisaparty.
NB: This has been transposed from Section 4 in the Old Rules. The 8) the person who customarily receives the
5. Howisitservedifthedefendantis:
entireprovisionhasalsobeenamended. correspondence for the
defendant
at
its
principal
a) Entitywithoutjuridicalpersonality office.
Validity of summons and issuance of alias summons. —
Summons shall remain valid until duly served, unless it is Upon all the defendants by serving upon any one of them,
or In
case the
domestic juridical entity
is
under receivership
recalled by the court. In case of loss or destruction of upon the person in charge of the office or place of business or liquidation, service of summons shall be made on
the
summons, the court may, upon motion, issue an alias maintained in such name. But such service shall not bind receiverorliquidator,asthecasemaybe.
summons. individually any person
whose connection with the entity has,
Should there be a refusal on the part of the persons
uponduenotice,beenseveredbeforetheactionwasf iled.
above-mentioned to receive summons despite at least
b) Prisoner
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 26of232
three
(3)
attempts
on
two (2)
different
dates, service may
h) Unknownidentityorwhereabout (4) as provided for in international conventions to which the
bemadeelectronically,ifallowedbythecourt.
Philippinesisaparty.
Within ninety (90) calendar days from the commencement
f) Foreignprivatecorporation
of
the
action, service may, by
leave
of
court,
be
effected upon GR: ServiceofsummonsbymailisNOTallowed.
Servicemaybemadeon him by
publication in
a newspaper of
general
circulation and
EXC: If the summons was sent abroad and was actually
insuchplacesandforsuchtimeasthecourtmayorder.
a. its
resident
agent designated
in accordance with law received by the defendant, then the service will be
forthatpurpose,or, Any
order
granting such leave shall specify a reasonable time, considered substantial compliance (Cariaga v.
which shall not be less than sixty (60) calendar days after Malaya)
b. if
there
be
no
such
agent,
on
the
government official
notice,withinwhichthedefendantmustanswer.
designatedbylawtothateffect,or Any order
granting such leave shall
specify a reasonable
time,
6. DutyofCounselofRecord⭐ which shall not be less than sixty (60) calendar days after
c. on
any
of
its
officers
or
agents,
directors or trustees
notice,withinwhichthedefendantmustanswer.
withinthePhilippines. Where
the summons is
improperly served and a lawyer
makes a
special appearance on behalf of the defendant to, among others,
If
it
is
not
registered in the
Philippines, or has no resident Arrietav.Arrieta,234808(2018)
question the validity of service of
summons, the counsel shall
be
agent but has transacted or is doing business in it, as
deputizedbythecourttoservesummonsonhisorherclient. The Court, in De Pedro, held that circumstances which negate the
defined by law, such service may, with leave of court,
be
effected outside of the Philippines through any of the 7. Extraterritorialserviceofsummonsisproper court's acquisition of jurisdiction – such as defective service of
followingmeans: summons–arecausesforanactionforannulmentofjudgment.
(1) whentheactionaffectsthepersonalstatusoftheplaintiff;
(a) By personal service coursed through the Personal service of summons is
the preferred mode of service of
(2) when the action
relates
to,
or
the
subject
of
which
is, property summons. However, other
modes of
serving summons may
be
done
appropriate court in
the
foreign
country
with
the
within the
Philippines, in
which the
defendant has
or
claims
a when justified. For instance, service of
summons by
extraterritorial
assistanceoftheDFA;
lienorinterest,actualorcontingent; service is allowed after leave of court when the defendant or
(b) By publication once in a newspaper of general respondent does not reside or is not found in the country or is
(3) when the relief demanded in such an action consists, wholly or
circulation in the country where the defendant temporarilyoutofthecountry.
in
part, in excluding the defendant from any interest in property
may be found and by serving a copy of the
locatedinthePhilippines,and Notably, publishing a copy of the summons does not necessarily
summons and the court order by
registered mail
atthelastknownaddressofthedefendant; (4) when defendant nonresident's property has been attached mean
that
the
trial
court
intended to
direct
extraterritorial
service
of
withinthePhilippines. summonsunderthesecondmodeofservice.
(c) Byfacsimile;
The service of
summons
may,
with leave
of
court,
be
effected
out In Romualdez-Licaros v. Licaros, the Court considered the trial court's
(d) By electronic means with the prescribed
proof
of order to publish the summons, together with furnishing a copy
ofthePhilippinesinthreeways:
service;or thereof to therein defendant by delivery through the DFA, as
(1) byp
ersonalservice;
(e) By such
other means as the court, in its discretion, extraterritorial service of summons under the third mode, and not the
maydirect. (2) by publication in a newspaper of general
circulation in
such second mode of service. Similar to this case, given that the
g) Publiccorporation places and for such time as the court may order, in which case a publication of summons was not complemented by
sending a copy
copy of
the
summons and
order of
the
court should be sent by thereof to the defendant's last known address specifically through
Service may be
effected
on the Solicitor
General; in case of
a
registeredmailtothelastknownaddressofthedefendant,and registered mail, it is thus reasonable to conclude that the RTC
province, city or municipality, or like public corporations,
intendedextraterritorialserviceofsummonsunderthet hirdmode.
service may be effected on its executive head, or on such (3) service of summons may be effected in any other manner
otherofficerorofficersasthelaworthecourtmaydirect. whichthecourtmayd
eemsufficient.
8. Residenttemporarilyoutofthecountry
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 27of232
Service may, by leave of court, be also effected out of the a. thereliefs oughttobeobtainedand
Since petitioner could not be personally served with summons
Philippines,asundertheprecedingsection.
despite diligent
efforts
to
locate his whereabouts, respondent sought b. thegroundsu
ponwhichitisbased,and
9. Proofofservice,personalserviceorbypublication and was granted leave of court to effect service of summons upon
c. if required by these Rules or necessary
to
prove
facts
alleged
him by publication in a newspaper of general circulation. Thus,
Proof of service. — Shall be made in writing by the server and therein, shall be accompanied by supporting affidavits and
petitionerwasproperlyservedwiths ummonsbypublication.
shall set forth
the
manner,
place, and date of
service; shall specify otherpapers.
any papers which have
been served with the process and the name The present rule expressly states that it applies "[i]n any action
3. Non-litigiousandLitigiousMotions⭐
of the person who received the
same; and shall
be
sworn to
when where the
defendant is
designated as
an
unknown owner, or the like,
madebyapersonotherthanasherifforhisdeputy. or whenever his whereabouts are unknown and cannot be ascertained Non-litigious motions. — Motions which the court may act
by diligent inquiry." Thus,
it
now
applies to ANY
action, whether in upon without prejudicing the rights of adverse parties are
If summons was served by electronic mail,
a printout of
said
personam,inremorquasiinrem. non-litigiousmotions.Thesemotionsinclude:
e-mail, with a copy of the summons as served, and the affidavit
ofthepersonmailing,shallconstituteasproofofservice. Moreover, even
assuming that the service of summons was defective, a) Motionfortheissuanceofana
liassummons;
the trial court acquired jurisdiction over the person of
Proof of service by publication.
— If
the
service
has
been
made b) Motionfore
xtensiontofileanswer;
petitioner by his own voluntary appearance in the action
bypublication,servicemaybeproved
against him. Petitioner voluntarily appeared in the action when he c) Motionforp
ostponement;
a) by the affidavit of the publisher, editor, business or advertising filed the "Omnibus Motion for Reconsideration and to Admit d) Motionfortheissuanceofaw
ritofexecution;
manager, to which affidavit a copy of
the
publication shall
be Attached Answer.” This was equivalent to service of summons and
attachedand vestedthetrialcourtwithjurisdictionoverthepersonofpetitioner. e) Motionfortheissuanceofana
liaswritofexecution;
b) by
an
affidavit showing the
deposit of a copy of the summons f) Motionfortheissuanceofaw
ritofpossession;
and order for publication in the post office, postage prepaid, g) Motion
for
the
issuance
of
an
order
directing the sheriff to
RULE15Motions
directed to the defendant
by registered mail
to his
last
known executethefinalcertificateofsale;and
address.
1. Motiondefined;mustbeinwriting h) Othersimilarmotions.
10. Effectofvoluntaryappearanceofdefendant
Amotionisanapplicationforreliefotherthanbyapleading. These motions
shall not
be
set
for hearing and shall be resolved by
Shall be equivalent to service of summons. The inclusion in a thecourtwithinfive(5)calendardaysfromreceiptthereof.
All motions
shall be
in writing except those made in open court or
motion to
dismiss of other
grounds aside
from lack
of jurisdiction
inthecourseofahearingortrial.
over the person of the defendant shall be deemed a voluntary Litigiousmotions.—
appearance. A
motion made in
open
court or
in
the
course
of
a hearing or
(a) Litigiousmotionsinclude:
trial should immediately be resolved in open court, after
the
ModesofServiceofSummons adverse party is given the opportunity to argue his or her 1) Motionforbillofparticulars;
oppositionthereto. 2) Motiontodismiss;
1) Personal;
When a motion is
based
on
facts
not
appearing on record, the 3) Motionfornewtrial;
2) Substituted; court MAY hear the matter on affidavits or depositions
3) ByPublication. presented by the respective parties, but the court
may
direct 4) Motionforreconsideration;
that
the matter
be heard wholly or partly on oral testimony or 5) Motionforexecutionpendingappeal;
PedroSantos,Jrv.PNOC,170943(2008)abandonedCitizens depositions.
6) Motion to amend after a responsive pleading has been
Insurance 2. Contents—
Amotionshallstate filed;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 28of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 29of232
thereof may, with leave of court, be allowed to intervene in the
a) If within 15 days from the time it is ordered dismissed, all As per
AM
03-01-09, failure
of
plaintiff
to
move
for
the setting
action.
that you have to do is to ask the court to set aside the order of ofcaseforpre-trialisn olongeragroundfordismissal.
dismissal and revive the case because the order of dismissal Thecourtshallconsider
3.) Comply with
the
Rules
of
Court or any order of the court for no
havenotyetbecomefinal.
justifiablereasonorcause. a) WON the intervention will unduly delay or prejudice the
b) However, if the order of the court dismissing the complaint adjudicationoftherightsoftheoriginalparties,and
GR: The
court
should not
dismiss the
case
upon
its
own initiative,
based on your own notice has become final after 15 days,
because the grounds for dismissal are waivable. If the b) WON the intervenor's rights may be fully protected in a
then
the
only way you can
revive it
is
to
file
an
entirely new
defendantfailstomovefordismissal,heiswaivingthedefect. separateproceeding.
action.
EXC: Thecourtmaydismissthecomplaintm
otupropio: 2. Grounds
2. Uponmotion
1. Section3,Rule17(Plaintiff’sfault); a) The intervenor has a legal interest on the matter under
A complaint shall not
be
dismissed at the plaintiff's instance save
litigation;
upon approval of
the
court and
upon such terms and conditions as 2. When on its face, the complaint shows that the court has no
thecourtdeemsproper. jurisdictionoverthesubjectmatter; b) The intervenor
has
a legal
interest
in
the
success
of either of
theparties;
If a counterclaim has been pleaded by a defendant prior to the 3. When there is litis pendentia; or res adjudicata; or when the
service upon him of the plaintiffs motion for dismissal, the actionhasprescribed; c) Theintervenorhasalegalinteresta
gainstboth;OR
dismissal shall
be
limited
to
the
complaint. The dismissal shall be 4. Under the
Summary Rules,
the
court is empowered to
dismiss d) The Intervenor is so situated as to be
adversely affected
by
a
without prejudice to the right of the defendant to prosecute his immediatelywithoutanymotion. distribution or other disposition of
property in
the custody
of
counterclaim in a separate action unless within fifteen (15) thecourtorofanofficerthereof.
calendar days from notice of the motion he manifests his Isdismissalwithprejudice?
preference to have his counterclaim resolved in the same action. GR: The interest referred to by the law is an interest that is direct,
YES. Dismissal due to the fault of the plaintiff is with
Unless otherwise specified in order, a dismissal under this
the immediate, actual, existing interest as
distinguished from expectant,
prejudice.
inchoateorcontingentinterest.
paragraph
shall
be
without prejudice. A class suit shall not
EXC: Unlessthecourtprovidesotherwise.
bedismissedorcompromisedwithouttheapprovalofthecourt. GR: Discretionary,asitisnotamatterofright.
Section 3 presupposes that the court acquired jurisdiction over
Alreadyd
iscretionaryo
nthepartofthecourt. EXC: Amatterofright:
the subject matter of the case, and
the
parties
in
the
previous
GR: If you
dismiss
the
complaint,
the
compulsory
counterclaim
is caseinorderthatthedismissalbewithprejudice. 1.) When the intervenor turns out to be an indispensable party;
alsodismissed. and
EXC: The defendant
can
revive
the
compulsory
counterclaim
within RULE19Intervention 2.) Classsuit(Section12,Rule3)
15days.
An
INTERVENTION is
a proceeding in
a suit or
action in which a third 3. Whentointervene
3. Dismissalduetothefaultofplaintiff person, not a party to the case, is permitted by the court to make The motion to intervene may be filed at a ny time before
Uponmotionofthedefendantoruponthecourt'sownmotion, himselfapartytothecase.
renditionofjudgmentbythetrialcourt.
Thecasemaybedismissediftheplaintifffailsto: 1. Whomayintervene
4. Remedyincaseofdenialofintervention
1.) Appear on
the
date
of
the
presentation
of
his
evidence-in-chief A person who has a legal interest in the matter in litigation, or in the
success of either of
the
parties, or
an interest against
both, or is so Mandamus is
not a remedy as
one cannot
compel the court to do a
onthecomplaint;
situated as to be adversely affected by a distribution or other discretionary act. But, if there is grave abuse of discretion,
2.) Prosecutehisactionforanunreasonablelengthoftime; disposition of property in
the
custody of
the court
or of
an
officer mandamusorcertiorarimayberesortedto.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 30of232
5. Pleadingsinintervention—
Theintervenorshallfile Subpoena is
a process directed
to a person requiring him to attend No prisoner sentenced to death, reclusion perpetua or life
and to testify at the hearing or the trial of an action, or at any imprisonment and
who is confined in any penal institution shall be
a) a complaint-in-intervention if he asserts a claim against
investigation conducted by
competent authority, or for the taking of brought outside the said penal institution for appearance or
eitheroralloftheoriginalparties,or
hisdeposition. attendanceinanycourtu nlessauthorizedbytheSupremeCourt.
b) an answer-in-intervention if he unites with the defending
It
may also require him to bring with him any books, documents, or 3. Groundsforquashingsubpoena— ifitis
partyinresistingaclaimagainstthelatter.
other things under his control, in which case it is called a subpoena
a. unreasonableandoppressive,or
Answer to complaint-in-intervention. — The answer to the ducestecum.
complaint-in-intervention shall be filed within fifteen (15) b. the relevancy of
the
books, documents or
things does not
Kinds
calendar days from notice of the order admitting the same, appear, o
r
unlessadifferentperiodisfixedbythecourt. a) Subpoena duces tecum — witness is directed to bring with
c. if the person in whose behalf the subpoena is issued fails
himanybooks,documents,orotherthingsunderhiscontrol.
EffectofDismissalofMainAction toadvancethereasonablecostoftheproductionthereof.
b) Subpoena ad testificandum — witness is required to
attend
GR: Interventionalsodismissed. The court may quash a subpoena ad testificandum on the
ground
andtotestify.
thatthew itnessisnotboundthereby.
EXC: Iftheinterventioncanstandonitsown,itshouldcontinue. c) Subpoenaducestecumadtestificandum.
In
either case, the subpoena may be quashed on the ground that the
Requisites witness f
ees a
nd k
ilometrage allowed by these Rules were not
RULE20CalendarofCases
Well-settled is the
rule
that before
a subpoena duces tecum may issue, tenderedw henthesubpoenawasserved.
1. Whopreparesthecalendar thecourtmustfirstbesatisfiedthatthefollowingrequisitesarepresent: VIATORY RIGHT. A witness is not bound to appear to testify if his
The clerk of court, under
the direct
supervision of
the judge, shall (1) the books, documents or other things requested must appear residenceismorethan1 00kmfromtheplaceoftrial.
keep a calendar of cases for pre-trial, for trial,
those whose trials prima facie relevant to the issue subject of the controversy 4. Howsubpoenaisserved
were adjourned or postponed, and those with motions to set for (testofrelevancy);and
hearing.Preferences hallbegivento Shall be made i n the same manner as personal or
(2) such books must be reasonably described by the parties to
be substituted service of summons. The original shall be
a) habeascorpuscases, readilyidentified(t estofdefiniteness). exhibited and a copy
thereof
delivered to
the
person
on whom it is
b) electioncases, 2. Whowillissuethesubpoena served. The service must be made so as to allow the witness a
reasonable time for preparation and travel to the place of
c) specialcivilactions,and (a) thecourtbeforewhomthewitnessisrequiredtoattend;
attendance.
d) thosesorequiredbylaw. (b) thecourtoftheplacewherethedepositionistobetaken;
Costs for court attendance and the production of documents
2. Assignmentofcases (c) the officer or body authorized by law to do so in connection and other materials subject of the subpoena shall be tendered
Shall be done exclusively by raffle. The assignment shall be
done with i
nvestigations c
onducted b
y s
aid o
fficer o
r b
ody; o
r
orc
harged a
ccordingly.
in open session of which adequate notice shall be given so as
to (d) any Justice of the SC or of
the
CA
in
any
case
or
investigation Personal appearance in court. — A person present in court
affordinterestedpartiestheopportunitytobepresent. pendingwithinthePhilippines. before a judicial officer
may
be
required
to
testify
as
if
he
were
in
attendanceuponasubpoenaissuedbysuchcourtorofficer.
When application for
a subpoena to a prisoner is made, the judge or
RULE21Subpoena officer shall examine and study carefully such application to GR: person can not be compelled to testify if he has not been
A
determinewhetherthesameismadeforavalidpurpose. servedwithasubpoena.
1. Kindsofsubpoena
EXC: Ifheispresentincourtbeforeajudicialofficer.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 31of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 32of232
(10) calendar
days
from termination of
the
pre-trial,
and the court
(a) Pre-trial; 2.) Failuretoappearinapre-trialconference(Rule18,§5);
torenderjudgmentonthebasiso ftheevidenceoffered.
(b) Court-AnnexedMediation;and 3.) Failuretofileapre-trialbrief(Rule18,§6)
GR: oth plaintiff AND
B counsel
must
appear,
otherwise,
the
action
(c) JudicialDisputeResolution,ifnecessary. shallbedismissedwithprejudice. F.Pre-TrialOrder
Non-appearance at
any of
the
foregoing settings shall
be
deemed EXC: Unlessotherwiseorderedbythecourt. Upon termination of the pre-trial, the court shall issue an order
as non-appearance at the pre-trial and shall merit the same within ten
(10) calendar
days which shall
recite in detail the matters
Remedy of
defendant
if
he
failed
to
attend
the pre-trial — Motion
sanctionsunderSection5hereof. takenup.x xxx
forReconsideration,NOTa motiontoliftdefault.
The non-appearance of a party
and
counsel
may
be
excused
only The direct testimony of witnesses for the plaintiff shall
be
in
the
GR: second
A pre-trial
cannot
be
granted.
The
remedy
instead
is
to
for form of judicial affidavits. After the identification of such
gototrial.
a) actsofGod, affidavits,cross-examinationshallproceedimmediately.
EXC: UNLESS the parties
themselves had
voluntarily
agreed
that
the
b) forcem ajeure,or Postponement of presentation of the parties’ witnesses at a
casebesetanewforpre-trial.
c) dulysubstantiatedphysicalinability. scheduleddateisprohibited,exceptifitisbasedon
A representative may appear on behalf of a party, but must be
E.Pre-trialBrief
a) actsofGod,
fullyauthorizedinwriting The parties shall file with the court and
serve
on
the
adverse party at b) forcem ajeureor
a) toenterintoanamicablesettlement, least three (3) calendar days before the date of the pre-trial, their c) duly substantiated physical inability of the witness to
b) tosubmittoalternativemodesofdisputeresolution,and respectivepre-trialbriefs. appearandtestify.
c) to enter i nto stipulations or admissions of facts and Failure to file
the
pre-trial
brief
shall
have
the
same
effect The party who caused the postponement is warned that the
documents. asfailuretoappearatthepre-trial. presentation of its evidence must still be terminated within the
GR: I n
a pre-trial,
the
law
requires the presence of the party and his remainingdatespreviouslyagreedupon.
Failstoappearatpre-trialorfileabrief
counsel because the purpose of a pre-trial is to consider the Should the opposing party fail to appear without valid cause
possibilityofanamicablesettlement. Plaintiff Dismissalwithprejudice. stated in the next preceding paragraph, the presentation of the
EXC: A valid cause is shown therefor or if a representative shall scheduled witness will proceed with the absent party being
Defendant Allowtheplaintifftopresenthisevidencee x-parte. deemed to have waived the right to interpose objection and
appear in his behalf fully authorized in writing through a
power of attorney, or in case of a corporation, through a conductcross-examination.
What are
the instances where the PLAINTIFF may be penalized by
boardresolution. The contents of the pre-trial order shall control the subsequent
thecourtwithadismissalofhiscomplaint?
proceedings, unless modified before trial to prevent manifest
D.EffectofFailuretoAppear 1.) Where plaintiff fails to appear during the presentation of his injustice.
Section 5. — When duly notified, the failure of the plaintiff and evidence-in-chieftoprovehiscauseofaction(Rule17,§3);
GR: he contents of the pre-trial order shall control the
T
counsel to appear without valid cause when so
required pursuant to 2.) Failuretoappearinthepre-trialconference(Rule18,§5); subsequentcourseoftheaction
the next preceding section shall
be cause for
dismissal of
the
action.
The dismissal shall be WITH prejudice, unless otherwise ordered by 3.) Failuretofileapre-trialbrief(Rule18,§6) EXC: UNLESSmodifiedbeforetrialtopreventmanifestinjustice.
thecourt. When would the DEFENDANT be penalized by the penalty that G.CAMandJDR⭐
A similar failure on the part of the defendant and counsel shall be plaintiff be allowed to present his evidence ex parte and
cause to
allow
the plaintiff to
present his
evidence
ex parte within ten judgmentberenderedbasedpurelyonsuchevidence? Court-Annexed Mediation. — AFTER pre-trial and, after issues are
joined, the court shall refer the parties for mandatory court-annexed
1.) FailuretofileananswerunderRule9onDefault;
mediation.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 33of232
The period for CAM shall not exceed thirty (30) calendar days (b) Beforeactionorpendingappeal(Rule24)I n (3) whetherrelatingtotheclaimordefenseofanyotherparty,
withoutfurtherextension. PerpetuamReiMemoriam;
(4) including the
existence, description, nature, custody, condition,
Judicial Dispute Resolution. — Only if the judge of the court to B. WRITTENINTERROGATORIESTOPARTIES(Rule25); and
location
of
any
books,
documents, or other tangible things
which the case was originally raffled is convinced that settlement is still and
C. REQUESTFORADMISSIONOFADVERSEPARTIES(Rule
possible,
the
case
may be referred to another court for judicial dispute 26); (5) the identity and location of persons having knowledge of
resolution. relevantfacts.
D. PRODUCTIONORINSPECTIONOFDOCUMENTSAND
The JDR shall be conducted within a non-extendible period
of
fifteen THINGS(Rule27);and LIMITATIONS
(15)calendardaysfromn oticeoff ailureo ftheCAM.
E. PHYSICALANDMENTALEXAMINATIONOFPERSONS(Rule 1. Matternotbeprivileged;
If JDR fails, trial before the original court shall proceed on the dates 28)
agreedupon. 2. Mustberelevanttothecase;
H.JudgmentAfterPre-Trial⭐ 4. UseofDeposition
1. When May be Taken — Upon ex parte motion of
a party, the
testimony of any person, whether a party
or
not,
may
be
taken, at At
the
trial or upon the hearing of a motion or an interlocutory
Shouldtherebe
theinstanceofanyparty,bydepositionupon proceeding, any part or all of a deposition may be used against any
a) nomorecontrovertedfacts,or party who was present or represented at the taking of the deposition
(1) oralexaminationo r or who had due notice thereof, in accordance
with any
one
of
the
b) nomoregenuineissueastoanymaterialfact,or
followingprovisions:
c) anabsenceofanyissue,or (2) writteninterrogatories.
The attendance of witnesses may be compelled by the use of a (a) Any deposition may be used by ANY party
f or t he
d) shouldtheanswerfailtotenderanissue,
subpoena. The deposition of
a person
confined
in
prison may be purpose of contradicting or impeaching the
the
court shall,
without
prejudice to a party moving for judgment on the takeno nlybyleaveofcourto nsuchtermsasthecourtprescribes. testimonyofthedeponentasawitness;
pleadings under Rule 34 or summary judgment under Rule 35, motu
proprio include in the pre-trial order that the case be submitted for DEPOSITION is the written testimony of a witness given in the (b) The deposition of a party or of any one who at the time of
summary judgment or judgment on the pleadings, without need of course of a judicial proceeding, in advance of
the
trial
or
hearing, taking the deposition was an officer, director, or managing agent
position papers or memoranda. In such cases, judgment shall be upon oral examination or in response to written interrogatories, and of a public or private
corporation, partnership, or association
rendered within ninety (90) calendar days from termination of the whereanopportunityisgivenforcross-examination. which is a party may be used by an adverse party for
any
pre-trial. LEAVEOFCOURTREQUIRED?Y ES,ifdeponentisconfinedinprison. purpose;
The order of the court to submit the case
for
judgment
shallnot
be 2. KindsofDeposition (c) The
deposition
of
a witness, whether or not a party,
thesubjecttoappealorcertiorari.
may
be
used
by
any
party
for any purpose if the court
1.) Depositionuponoralexamination;and
finds:
VI.ModesofDiscovery 2.) Depositionuponwritteninterrogatories.
(1) thatthewitnessisdead,or
3. ScopeofExamination—T
hedeponentmaybeexamined
A. DEPOSITIONS—
(2) that the witness resides at a distance more than one
(1) regardinganymatter,notprivileged,
(a) Pendingaction(Rule23)D
eBenneEssea nd hundred (100) kilometers from the
place of trial or
(2) whichisrelevanttothesubjectofthependingaction, hearing, or is
out
of
the
Philippines, unless
it
appears
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 34of232
Effect of
using depositions. — The introduction in evidence of the Inaforeignstateorcountry,depositionsmaybetakenonnotice The notice shall state the time
and place
for
taking
the
deposition
deposition or any part thereof for any purpose other than that of (a) before a secretary of embassy or legation, consul general, and
the name and address of each person to be examined, if known,
contradicting or impeaching the deponent makes the deponent consul,vice-consul,orconsularagentoftheRP and if the name is not known, a general description sufficient to
the witness of the party introducing the deposition, but this identifyhimortheparticularclassorgrouptowhichhebelongs.
(b) before such person or officer as may be appointed by
shall not apply to the use
by
an
adverse party
of
a deposition as 10. Powerofthecourttocontrolorlimitconductofexamination
commissionorunderlettersrogatory;or
describedinparagraph(b)ofSection4ofthisRule.
(c) thepersonreferredtoinsection14hereof.— After notice is served for
taking a deposition by oral
examination,
NOTES upon motion seasonably made by any party
or by the
person to be
If
the
parties so
stipulate
in
writing,
depositions may be taken examined and for
good
cause shown, the court in
which the
action
➔ Adepositionisnotasubstituteforthetestimonyofthewitness
before any person authorized to
administer oaths, at
any time ispendingmaymaket hefollowingorders:
incourt.
or place, in accordance with these Rules and when so taken
➔ Ifdeponentdeviatesfromhisearlierdepositionduringtrial,he maybeusedlikeotherdepositions. (1) Thatthedepositionshallnotbetaken,or
canbeIMPEACHED. (2) That it
may
be
taken
only
at
some
designated
place
other than
7. CommissionorLettersRogatory
➔ The deposition of a mere WITNESS is for strict purpose (for thatstatedinthenotice,or
Shall be
issued only when
necessary or
convenient, on application
impeachment only) and the deposition of
an
ADVERSE PARTY (3) Thatitmaybetakenonlyonwritteninterrogatories,or
and notice, and on
such
terms,
and
with such
direction as
are
just
is
for
any
purpose because it
can
either
be
used
to impeach or
andappropriate. (4) Thatcertainmattersshallnotbeinquiredinto,or
asevidence.
GR: Taking
deposition does not
make
deponent a witness.
LETTERS ROGATORY is an instrument whereby the foreign (5) That the scope of the examination shall be held with no one
Presenting deposition as evidence makes deponent a court is informed of
the pendency of
the
case
and the
name
of
the present except the parties to the action and their officers or
foreign witnesses, and is
requested
to cause their depositions to be counsel,or
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 35of232
petition,
stating
that
the
petitioner
will
apply
to
the court, at a time
(6) That
after
being
sealed the
deposition
shall
be
opened
only by (a) As to notice. — All errors and irregularities
in
the
notice
for
andplacenamedtherein,fortheorderdescribedinthepetition.
orderofthecourt,or taking a deposition are waived unless written objection is
promptlyserveduponthepartygivingthenotice. At
least
twenty (20)
calendar days before the date of the hearing,
(7) That secret processes, developments, or research
need
not
be
the
court shall
cause
notice
thereof to
be
served on
the parties and
disclosed,or (b) As to disqualification of officer. — waived unless made
prospective deponents in the manner provided for service of
before the
taking
of
the
deposition begins or as soon thereafter
(8) That the
parties
shall
simultaneously file
specified documents summons.
as
the disqualification becomes known or could be discovered
or information enclosed in sealed envelopes to be opened
as
withreasonablediligence. 3. Whenthecourtmayordertheexamination
directedbythecourt.
(c) As
to
competency relevancy of evidence. — not waived
or If the court
is
satisfied
that
the
perpetuation of
the
testimony may
The court may make any other order which justice requires to
by failure to make them before or during the taking of the prevent a failure or delay of justice, it shall make an order
protect the party or witness from annoyance, embarrassment, or
deposition, unless the ground of the objection is one which designating or describing the persons whose deposition may be
oppression.
mighthavebeenobviatedorremovedifpresentedatthattime. taken and specifying the subject matter of the examination and
Motion to
terminate or limit examination. — At any time during whether the depositions shall be taken upon oral examination or
the
taking of the deposition, on motion or petition of any party or of (d) As to oral examination and other particulars. — waived
writteninterrogatories.
the deponent, and upon a showing that the examination is being unless reasonable
objection
thereto
is made at the taking of the
deposition. 4. Depositionpendingappeal,wheretaken
conducted in
bad faith or in such manner as unreasonably to annoy,
embarrass, or
oppress the deponent or party, the court in which the (e) As to form of written interrogatories. — waived unless Use of deposition. — If a deposition to perpetuate testimony is
action is pending or the RTC of the place
where the
deposition is served in
writing upon
the
party
propounding them within the taken under this Rule, or if, although not so taken, it would be
being taken may order the officer conducting the examination to time allowed for serving succeeding cross or other admissible in
evidence, it
may be
used
in
any action
involving the
cease forthwith from taking the
deposition, or
may limit
the scope interrogatories and within three (3) days after service of the samesubjectmattersubsequentlybrought.
andmannerofthetakingofthedeposition. lastinterrogatoriesauthorized. Depositions pending appeal. — If an appeal has
been taken from
11. Proceduresindepositionuponwritteninterrogatories (f) As
to
manner of
preparation. — waived unless a motion to a judgment of a court, including the CA in
proper cases, or
before
suppress the deposition or some part thereof is made with the taking of an appeal if the time therefor has not expired, the
A
party desiring to take
the
deposition of
any person
upon written
reasonable promptness after such defect is, or with due court in
which the judgment was rendered may allow the taking
interrogatories shall serve them upon every other party with a
diligencemighthavebeen,ascertained. of depositions of
witnesses to
perpetuate their testimony for in the
notice stating the name and
address of the person who is to answer
eventoffurtherproceedingsinthesaidcourt.
them and the name or descriptive title and address of the officer
beforewhomthedepositionistobetaken. RULE24DepositionsBeforeActionorPendingAppeal In
such case
the
party who desires to perpetuate the testimony may
make a motion in the said court
for
leave
to
take
the
depositions,
Interrogatory DAYSTOPREPARE
1. Verifiedpetition,wheretofile upon the same notice and service thereof as if the action was
DIRECT A person who desires to perpetuate his own testimony or that
of pendingtherein.Themotionshallstate
another person regarding any matter that
may
be
cognizable in any (a) the
names and addresses of the persons to be examined and the
CROSS 10 court of
the
Philippines may file
a verified petition in the court of substance of the testimony which he expects to elicit from
theplaceoftheresidenceofanyexpectedadverseparty. each,and
REDIRECT 5
2. Noticeandservice (b) thereasonforperpetuatingtheirtestimony.
RECROSS 3 The petitioner shall
serve
a notice
upon each
person named in
the
petition as an expected adverse party, together with a copy
of
the RULE25InterrogatoriestoParties
12. Effectsoferrorsandirregularitiesindepositions
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 36of232
such objections are resolved, which resolution shall be made as
1. Whenmaybetaken Asto R23Sec25 R25
earlyaspracticable.
Upon ex parte motion, any party desiring to elicit material and
Beforewhom Depositionofficer Noneed 3. Effectofnotrespondingtotherequest
relevant facts from any adverse parties shall file and serve
upon the latter written interrogatories to
be
answered by
the
party Preparation Questionsprepared Questioningisdirect Any
admission made by a party
pursuant to
such request is for the
served or,
if
the
party
served is
a public or private corporation or a beforehand purpose of the pending action only and shall not constitute an
partnership or association, by any officer thereof competent to admission by him for
any other purpose nor may the same be used
testifyinitsbehalf. Towhom Anyperson Partiesonly againsthiminanyotherproceeding.
2. Answertointerrogatories(15days) 4. Withdrawalofadmission
The interrogatories shall be
answered fully
in
writing and
shall
be RULE26AdmissionbyAdverseParty court
The may allow the party making an admission under the
signed and sworn to by the person making them. The
party
upon Rule, whether express or implied, to withdraw or amend it upon
whom the interrogatories have been served shall file and serve a 1. Whentofilerequestforadmission suchtermsasmaybejust.
copy of the answers on the party submitting the interrogatories
within fifteen (15)
calendar daysafter
service thereof unless the a ny
At time
after
issues
have joined, a party may 5. Effectoffailuretofilerequestforadmission
been
court on motion and for good cause shown, extends or shortens the file and serve upon any other party a written request for the GR: I f you did not serve a request for admission on the adverse
time. admissionbythelatter party of material or
relevant facts at
issue
which
are,
or ought
a) of the genuineness of any material and relevant document to be, within the personal knowledge of the latter, you will NOT
3. Objectiontointerrogatories(10days)
describedinandexhibitedwiththerequestor bepermittedtopresentevidenceonsuchfacts.
Objections to any interrogatories may be presented to the court
b) of
the
truth
of
any
material
and
relevant
matter of fact set EXC:
within ten
(10) calendar days after service thereof, with notice as
in case of a motion; and answers shall be deferred until the forthintherequest. 1) Unless otherwise allowed by
the
court
for
good
cause
shown,
objections are resolved, which shall be at as early a time as is 2. Whatarethematterstobeadmitted AND
practicable.
Each of the matters of which an admission is requested shall be 2) Topreventafailureofjustice.
4. Scopeofinterrogatories
deemed admitted unless, within a period designated in the NOTES
No party may, without leave of court, serve more than one set request, which shall not be less than fifteen (15)
calendar
days
1. A
request must be
directed to
the
party
whose admission is
ofinterrogatoriestobeansweredbythesameparty. after
service thereof, the party to whom the request is directed files
sought. Service of request to any other person is not a valid
and serves upon the party requesting the admission a sworn
Interrogatories may relate to
any
matters that
can
be
inquired into, requestatall.
statementeither
and the answers may be used for the same purposes provided in 2. A request must always be directed to the party whose
section4ofthesameRule. a) denying specifically the matters of
which
an admission is
admission is
sought, but the
latter
may delegateto his lawyer
requestedor
5. Effectoffailuretoservewritteninterrogatories the right
to answer the request. Such is valid so long as there is
b) setting forth
in
detail the reasons why he cannot truthfully avalidauthorization.
Apartynotservedwithwritteninterrogatories eitheradmitordenythosematters.
a. may not be compelled by the adverse party to Objections to any request for admission shall be submitted to RULE27ProductionorInspectionofDocumentsor
givetestimonyinopencourt,or the court
by
the
party
requested
within the
period
for and
prior
to Things
the filing
of
his
sworn statement
as
contemplated in
the
preceding
b. togiveadepositionpendingappeal.
paragraph and his compliance therewith shall be deferred until
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 37of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 38of232
If any party or an officer or managing agent of a party refuses
to d) in its discretion, order him to pay reasonable expenses The party who caused the postponement is warned that the
obey an order, the court may make such orders in regard to the incurredbytheother,includingattorney'sfees. presentation of its evidence must still be terminated on the
refusalasarejust,andamongothersthefollowing: remainingdatespreviouslyagreedupon.
INSTANCESWHEREINDEFENDANTMAYBE
(a) An order that the matters regarding which the questions were DECLAREDINDEFAULT: A motion to
postpone a trial
on
the
ground of
illness
of
a party
or
asked, or the character or description of the thing or
land, or counsel may be granted if it appears upon affidavit or sworn
1.) FailuretofileanANSWER;
the
contents of the paper, or the physical or mental condition of certificationthatthe
the party, or any other designated
facts
shall be taken to
be 2.) Failuretoappearatthepre-trialconference(Rule18);and
1. presence
of
such
party
or counsel at the trial is indispensable
established for the purposes of the action in accordance 3.) Failuretocooperateinthemodeofdiscovery(§5,Rule29). and
withtheclaimofthepartyobtainingtheorder;
2. that the character of his illness is such as to render his
(b) An
order refusing to allow
the
disobedient party
to
support
or Sibayanv.Alda,233395,17Jan2018 non-attendanceexcusable.
oppose designated claims or defenses or prohibiting him
Technical
rules
of
procedure
and
evidence
are not strictly adhered to
from introducing in evidence designated documents or
inadministrativeinvestigations.
things or items of testimony, or
from
introducing evidence of
physicalormentalcondition; Thus, recourse to the discovery procedure, such as written
interrogatories and
production or
inspection of a document or things
(c) An order striking out pleadings or parts thereof,
or
staying
is
NOT
mandatory in
administrative proceedings. Although trial
further proceedings until the order is obeyed, or dismissing the
courts are enjoined to observe strict enforcement of the rules on
action or proceeding or any part thereof, or rendering a
evidence,thesamedoesnotholdtrueforadministrativebodies.
judgmentbydefaultagainstthedisobedientparty;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 VII.Trial
disobeying any of such orders except an order
to
submit to
a
physicalormentalexamination. TrialProper
4. Reimbursementofexpensesforrefusaltoadmit TRIAL is
an
examination before a competent tribunal of the facts or law
If a party
after
being
served with
a request under Rule 26
serves a put i
n i
ssue i
n a
c
ase, f
or t
he p
urpose ofdeterminingsuchissue.
sworn denial thereof and if the party requesting the admissions 1. ScheduleofTrial⭐
thereafter proves the
genuineness of such
document or the truth of
any such matter of fact, he may apply to the court for an order The parties shall strictly observe the scheduled hearings as agreed upon
requiring the other party to pay him the reasonable expenses andsetforthinthepre-trialorder. 3. OrderofTrial—SIMPLYPUT:
incurredinmakingsuchproof,includingattorney'sfees. 2. GroundsofMotionforPostponement
1. Plaintiff presents EVIDENCE-IN-CHIEF to prove his cause of
5. Effectoffailuretoattendorserveanswerstodeposition GR: Not more than one (1) month for its adjournment BUT a action;
IffailureisWILLFUL,thecourtonmotionandnotice,may maximum o
f t
hree (
3) p
ostponements. I
n
e
ffect, i
t
w
ill b
e
2. Defendant presents his EVIDENCE-IN-CHIEF in support of
his
exactly90days.
defense;
a) strikeoutalloranypartofanypleadingofthatparty,or
EXC: Whenauthorizedinwritingbythecourtadministrator.
3. PlaintiffpresentsREBUTTAL;
b) dismisstheactionorproceedingoranypartthereof,or
4. DefendantpresentsSUR-REBUTTAL;
c) enterajudgmentbydefaultagainstthatparty,and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 39of232
such orders concerning proceedings therein as may tend to avoid
5. PartiessubmittheirARGUMENTSthroughMEMORANDA. The
clerk of court shall have no power
to rule on objections to any
unnecessarycostsordelay.
question or to the admission of exhibits, which objections shall be
When the court may allow the party to present additional
resolved by the court upon submission of his report and the NOTES
evidenceinchiefduringrebuttaltoprovehiscauseofaction.
transcripts within ten (10) calendar days from termination of the
In
consolidation of cases, the case bearing the
higher docket number is
1.) Whenitisnewlydiscovered; hearing.
consolidatedwiththecasehavingthelowerdocketnumber.
2.) When the evidence was omitted through inadvertence or NB: Section 7 of
the old rules regarding Statement of Judge has been
Threewaysofconsolidatingcases
mistake; DELETED.Now,EVERYTHINGmustbeonrecord.
1) By recasting the cases already instituted, conducting only one
3.) Whenthepurposeistocorrectevidencepreviouslyoffered; 7. SuspensionofAction
hearingandrenderingonlyonedecision;
4.) When the additional evidence offered is material and not Art.2030.E verycivilactionorproceedingshallbesuspended:
2) By consolidating the existing cases and holding only one
merelycumulativeorimpeaching.
1. If willingness to
discuss a possible compromise is expressed hearingandrenderingonlyonedecision;
4. OralOfferofExhibits⭐ byoneorbothparties;or
3) By hearing only
the principal case and suspending the hearing
The offer of evidence, the comment or objection thereto, and the 2. If it
appears that one of
the parties,
before the commencement on the others until judgment has been rendered in the principal
courtrulingshallbemadeorally. of the action or proceeding, offered to discuss a possible case.
5. Agreedstatementoffacts compromisebuttheotherpartyrefusedtheoffer.
Consolidation of criminal and civil cases is ALLOWED, but the degree of
JUDGEMENT ON AGREED STATEMENT OF FACTS or JUDGEMENT What a
re t
he m
atters t
hat C
ANNOT b
e t
he
s
ubject o
f
proofwilldiffer.(C añosv.Peralta)
BASED ON STIPULATION OF FACTS. The parties to any action may compromise?UnderArticle2035,NewCivilCode,thefollowing:
Separate trials. — The court, in furtherance of convenience or to avoid
agree, in writing, upon the facts involved in the litigation, and (1) Thecivilstatusofpersons;(whetherlegitimateorillegitimate) prejudice, may order a s eparate trial of any claim, cross-claim,
submit the
case for judgment on
the facts agreed
upon, without the counterclaim, o
r t
hird-party complaint, or of any separate issue or of
(2) The validity of a marriage or a legal separation; (w/n a
introductionofevidence. any number of claims, cross-claims, counterclaims, third-party
marriagesettlementexists)
If
the parties agree only on
some of the facts in issue, the trial shall complaintsorissues.
(3) Anygroundforlegalseparation;
be held as to the disputed facts in such order as the court shall
prescribe. (4) Future support; (always depends on the means of the party RULE32TrialbyCommissioner
givingsupport)
6. Judgetoreceiveevidence,delegationtoclerkofcourt
Applies when there is something to be tried which requires some
(5) Thejurisdictionofcourts;
The judge of
the court where the case is pending shall personally technicalexpertise.
receive the evidence to be adduced by the parties. However, in (6) Futurelegitime.
1. Referencetoacommissioner
default or ex parte hearings, and in any case where the parties
agree in
writing, the court may delegate the reception of evidence RULE31ConsolidationorSeverance Bymutualagreementorconsent
toitsc lerkofcourtwhoisamemberofthebar. Bymotionofoneparty
Thus, delegation of reception of evidence to clerk of court Consolidation.—
Whenactions
a) When the trial of an issue of fact requires the examination of a
REQUIRES: 1. involvingacommonquestionoflaworfact long account on either side, in
which
case the
commissioner
a) Defendantisalreadyindefaultorine xpartehearing; 2. arependingbeforethecourt, may
be
directed to hear and report upon the whole issue or any
specificquestioninvolvedtherein;
b) Thepartiesagreeinwriting; it may order a joint hearing or trial of any or all the matters in issue in
c) Theclerkofcourtisalawyer. the actions;
it
may order
all
the
actions consolidated; and it may make
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 40of232
court
reverses the order of dismissal, the appellate court renders
b) When the
taking of
an
account is necessary for the information Objections to the report
based upon grounds which were
available
judgmentimmediatelyinfavoroftheplaintiff.
of the court before judgment, or for carrying a judgment or to the parties during the proceedings before the commissioner,
orderintoeffect; other than objections to the findings and conclusions therein set Action on demurrer to evidence. — A demurrer to evidence
forth, shall not be considered by
the
court
unless
they
were made shallbesubjecttotheprovisionsofRule15.
c) When a question
of
fact,
other
than
upon the pleadings, arises
beforethecommissioner.
upon motion or otherwise, in any stage of a case, or for The order
denying the
demurrer to evidence shall not be subject
carryingajudgmentororderintoeffect. 5. Hearinguponreport of an appeal or petition for certiorari, prohibition or mandamus
Bycourt’sownvolition Upon the expiration of the period referred to in the preceding beforejudgment.
section, the report shall be set for hearing, after which the
court WhataretheACCELERATEDJudgments:
OtherTrialsbyCommissioner:
shall issue an order adopting, modifying, or
rejecting the
report
in
1.) SpecialCivilActionofE
xpropriationu
nderRule67; whole or
in
part, or
recommitting it
with
instructions, or requiring a. JudgmentonthePleadings;and
2.) SpecialCivilActionofP
artitionu
nderRule69. the
parties to
present further
evidence before the
commissioner or b. SummaryJ udgments.
thecourt.
2. Orderofreference
When the parties stipulate that
a commissioner's findings of
fact RULE34JudgmentonthePleadings
When a reference is made, the clerk shall forthwith furnish the shall be FINAL, only questions of law shall thereafter be
commissionerwithacopyoftheo rderofreference. considered. Where an ANSWER fails to tender an issue, or otherwise admits the
material allegations of the adverse party's pleading, the
court
may,
on
3. Powersofthecommissioner 6. Compensationofcommissioner
motiono fthatparty,directjudgmentonsuchpleading.
a. regulatetheproceedingsineveryhearingbeforehimand The court shall allow the commissioner such reasonable
EXC: However, in actions for declaration of
nullity or
annulment of
b. to
do
all
acts
and
take all measures necessary or proper for the compensation as
the
circumstances of
the case warrant, to be taxed
marriage or for legal separation, the material facts alleged in
efficientperformanceofhisdutiesundertheorder. as costs against the defeated party, or apportioned, as justice
thecomplaintshallalwaysbeproved.
requires.
c. Hemayissuesubpoenasandsubpoenasducestecum, Thefollowingarethegrounds:
d. swearwitnesses,and RULE33DemurrertoEvidence 1.) Whenananswerfailstotenderanissue;or
e. unless otherwise provided in the order of reference, he may a.) when it neither admits nor denies the allegations in
Demurrer to evidence is a motion to
dismiss filed by the
defendant
ruleupontheadmissibilityofevidence. thecomplaint;
after the
plaintiff
had
rested
his
case,
on
the
ground of
insufficiency of
The refusal of a witness to obey a subpoena issued by the evidence. b.) when all
the
denials
in
the
answer
are
general denials
commissioner or to give evidence before him or her, shall be andnotspecific.
a. Groundfordemurrer
deemed a contempt of the court which appointed the
Uponthefactsandthelawthep
laintiffhasshownnorighttorelief. 2.) When an answer
otherwise admits
all
the
material
allegations
commissioner.
oftheadverseparty’spleading.
4. Reportofcommissioner b. Effectifmotionisgrantedordenied
Exceptions
Upon the filing of the report, the parties shall be notified by the When the demurrer is
denied, the
defendant
will
now
present his
evidence to prove his defense because the defendant does not waive 1) Plaintiff is
not
deemed
to have admitted irrelevant allegations
clerk, and they shall be allowed ten (10) calendar days within
hisrighttopresentintheeventthedemurrerisdenied. inthedefendant’sanswer;
which to
signify grounds of
objections to the findings of the report,
iftheysodesire. If the defendant’s demurrer is granted and the case is
dismissed 2) Defendant is not deemed to have admitted allegations of
and the plaintiff appeals to the appellate court and on appeal the damagesinthecomplaint.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 41of232
Action
on
motion
for
judgment
on
the
pleadings. — The court
therein;and VIII.Judgments,FinalOrdersandEntryThereof
may motu
proprio or
on
motion render
judgment on the pleadings if it 4.) Certified true
copies of
all
papers
of
parts
thereof
referred to
is
apparent that
the answer fails to tender an issue, or otherwise admits intheaffidavitshallbeattachedtheretoorservedtherewith. RenditionofJudgmentandFinalOrders
the material allegations of
the
adverse party’s pleadings. Otherwise, the ANY action of the court on a motion for summary judgment on the Judgment is the final consideration and determination by a court of the
motionshallbesubjecttotheprovisionsofRule15oftheseRules. pleadings shall not be subject of
an appeal or petition for certiorari, rights of the parties as those rights presently exist, upon matters
ANY action of the court on a motion for judgment on the pleadings shall prohibition o
r m
andamus .
submittedtoiti nanactionorproceeding.
not
be
subject of
an
appeal or petition for certiorari, prohibition or 1. Requisitesforavalidjudgment
Should it
appear to
its
satisfaction at any time that
any
of the affidavits
mandamus.
presented pursuant to
this Rule are presented in bad faith, or solely for 1.) the court rendering judgment must have jurisdiction over the
the purpose of delay, the court shall forthwith order the offending subjectmatter;
RULE35SummaryJudgments party or counsel to
pay to
the other party the amount of the reasonable
2.) the court rendering judgment must have jurisdiction over the
expenses which the filing of the affidavits caused him to incur, including
Summary judgment is
a method for
promptly disposing of actions in person o
f
t
he d
efendant ,
a
nd
i
n c
ase the defendant is a
attorney's fees. It may, after hearing, further adjudge the offending party
whichthereisn ogenuineissueastoanymaterialfact. non-resident, the court rendering judgment must have
orcounselguiltyofcontempt.
jurisdictionovertheres;
1. DistinguishJudgmentonthePleadingandSummary
PartialSummaryJudgment
Judgment 3.) the court rendering judgment must have jurisdiction over the
The Rules authorizes the rendition of partial summary judgment. Such issues, that is,
the
judgment shall decide only the issues raised
R34Judgmentonthe
Asto R35SummaryJudgment judgment is interlocutory in nature and is not final and appealable. The bythepartiesintheirpleadings;
Pleadings
appeal from such partial judgment should be taken together with the
4.) the court rendering judgment must be validly constituted
judgmentintheentirecaseaftertrialshallhavebeenconducted.
thereisnoissueoffactat nogenuineissueoffactto courtandthejudgethereof,ajudgedejureordefacto;
Ground
alltobetried betried GR: Judgmentcannotb esecuredbym eremotion.
5.) the judgment must be rendered after lawful hearing, meaning
EXC: thatdueprocessmustbeobserved.
How Basedonthepleadings onthebasisoffacts
1.) Rule33–DemurrertoEvidence; FormalRequisites
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 42of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 43of232
adverse parties
to
answer
the
same
within
fifteen
(15)
days
from
An MNT MR shall be resolved within thirty (30) days from the However, if the denial constitutes grave abuse of discretion, then
thereceiptthereof.
timeitissubmittedforresolution. theremedyisC ertiorari,pursuanttoAMNo.07-7-12.
5. Preliminaryinjunctionpendingproceeding
If
the
motion
is
DENIED, movant must
appeal the judgment within
15 days
from receipt of
order
denying his
motion and
not
just RULE38RelieffromJudgments,OrdersorOther The court may grant such preliminary injunction as may be
forthebalanceoftheperiod(N eypesRule). Proceedings necessary for
the
preservation of
the rights of
the parties, upon the
filing by the petitioner of a bond in
favor of
the
adverse party all
5. Secondmotionfornewtrialorreconsideration,Ruleand RemediesAfterJudgmentBecomesFinal damages and costs that may be awarded to him by reason of
exception
1. PetitionforRelieffromJudgment issuance of such injunction or
the other proceedings following the
A
motion
for
new trial shall include all grounds then available and petition; but such injunction shall not operate to discharge or
thosenotsoincludedshallbedeemedwaived. Grounds:F.A.M.E. extinguish any lien which the adverse party may have acquired
A second motion for new trial, based on a ground not existing nor 2. PetitionforRelieffromDenialofAppeal uponthepropertyofthepetitioner.
available when the
first motion was made, may be filed within the When a judgment or
final order
is
rendered by any court a case, In proceedings for relief from judgment, there may be two (2)
in
time herein provided excluding the time during which the first and
a party thereto, by FAME, has been
prevented from taking an hearings,towit:
motionhadbeenpending. appeal, he may file a petition in such court and in the
same case 1. a hearing to determine whether the judgment or order
No party shall be allowed a second motion for prayingthattheappealbegivenduecourse. complainedofshouldbesetaside,and
reconsiderationofajudgmentorfinalorder. Where the
denial of
an
appeal is
set
aside,
the
lower court shall be 2. if the decision thereon is in the affirmative, a hearing on the
TwoTypesofP
roformaMotionforNewTrial required to give due course to the appeal and to elevate the record of meritsoftheprincipalcase.
theappealedcaseasifatimelyandproperappealhadbeenmade.
1.) A
motion for
new
trial
which is not
supported by
affidavits of
merits – one which does not comply in
substance or
in
form 3. Timetofilepetition,contentsandverification IX.Execution,SatisfactionandEffectofJudgments
withSection2;and a. mustbeverified,
EXECUTION is the remedy provided by law for the enforcement of a
2.) A second motion for new trial on a ground available to the b. filed within sixty (60) days after the petitioner learns of the judgment.
partywhenthefirstmotionwasfiled(Section5). judgment, final order, or
other
proceeding to
be
set aside,
and
6. Partialnewtrialorreconsideration not more than six (6) months after such judgment or final Whenexecutionamatterofright
orderwase ntered,orsuchproceedingwastaken;and 1. Wheretofilethemotionforexecution
If the grounds for a motion under this
Rule appear to the
court to
affect the issues as to only
a part,
or
less
than all
of
the matter in NB:dateofentry=dateoffinalityofjudgment. It is generally done by filing a motion for execution by the
controversy, or only one, or less than all, of the parties to it, the c. must
be
accompanied with affidavits showing the FAME relied prevailing party and the court will then issue an order of
court may order a new trial or grant reconsideration as to such upon, and the facts constituting the petitioner's good and execution, which will be followed with a writ of
execution, and
issues if severable without interfering with the judgment or final substantialcauseofactionordefense,asthecasemaybe. thesheriffwillenforcethejudgment.
orderupontherest.
However, such affidavit of merit is NOT anymore required Whataretheconditionsforcompulsoryexecution?
7. Remedyfordenialofmotionfornewtrialorreconsideration when the judgment or order is VOID for want of jurisdiction 1.) If
a judgment has
disposed
already
of
the
action
or proceeding
An order denying a motion
for
new trial
or
reconsideration
is
not (Republicv.DeLeon) theni tcanbeexecuted;AND
appealable, the remedy being an appeal from the
judgment or 4. Ordertofileanswer,hearingofpetition
2.) The period to appeal has expired and no appeal has been
finalorder.
If the petition is sufficient in form and substance to
justify
relief, filed/takenfromthejudgment.
the court in which it is filed, shall issue an order requiring the
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 44of232
Are there any other instances where a judgement may be a.
When there has
been a change in the situation of the parties, Whatarether equisitesf ordiscretionaryexecution?
executedasamatterofright? which makes the execution inequitable; SUPERVENING FACT
1.) Theremustbeam otionfiledbytheprevailingparty;
DOCTRINE
If the appeal has been duly perfected and finally resolved, the
2.) There must be a notice of the motion given to the adverse
execution may forthwith be applied for in the court of origin, on b. When the judgment was novated by
subsequent agreement of
party;and
motion of the judgment obligee,
submitting therewith certified true theparties;
copies of the judgment or judgments or final order or orders sought 3.) There must be good reasons to execute to be stated in a special
c. When a
petition for
relief from
judgment is
filed and
a writ of
to be enforced and of the entry
thereof, with notice
to
the adverse orderafterduehearing.
preliminaryinjunctionisissued;
party. Wherecanyoufileyourmotionforexecutionpendingappeal?
d. When the
judgment has become dormant, the five year period
The appellate court may, on motion in the same case, when the 1.) TRIAL COURT — while it has jurisdiction over the case and the
toenforceitbyameremotionhavingexpired;
interest of justice so requires, direct the court of origin to issue the courtisstillinpossessionoftherecordsofthecase.Meaning:
writofexecution. e. Whenthejudgmentisincomplete.
(a) the judgment has not yet become final — it is still
Are there other instances when execution becomes a matter of 3. Whenthecourtmayamendthejudgmentdespitefinality withinthe15dayperiod,and
right?J udgmentsinactionfor a. Tomakecorrectionsorc lericale rrors;
(b) the court still is in possession of the records of the
a. Injunction, b. Toclarifya mbiguity; case.
b. Receivership, c. Injudgmentfors upportb
ecauseitcanbeamendedanytime. 2.) APPELLATE COURT — after the trial court has already lost
jurisdiction, the motion for execution pending appeal may
c. Accountinga nd 4. GroundsforQuashalofWritofExecution
alreadybefiledintheappellatecourt.
d. Support, a. When it appears that the controversy has never been
2. Grounds:GoodReasonsandcontainedinaspecialorder
submittedtothejudgmentofthecourt;
and such
other
judgments as
are
now
or may hereafter
be declared
1.) WhenthereisdangerofthejudgmentbecomingINEFFECTUAL.
to be immediately executory, shall be enforceable after their b. When it appears that the writ of execution has been
rendition and shall not be stayed by an appeal taken therefrom, improvidentlyissued; 2.) WheretheprevailingpartyisofADVANCEAGE;
unlessotherwiseorderedbythetrialcourt. c. Whenthewritofexecutionisd
efectivei nsubstance; 3.) WheretheappealisforthepurposeofDELAY;
The stay of execution shall be upon such terms as to BOND or d. When the
writ
of
execution
is
issued against the wrong party; 4.) WherethejudgmentisforSUPPORT;
otherwise as may be considered proper for the security or and
protectionoftherightsoftheadverseparty. 5.) WherethearticlesubjectofthecasewouldDETERIORATE;
e. Whenthejudgmentdebthasbeenpaidorotherwisesatisfied.
Is there another instance when execution becomes a matter of 6.) Wherethedefendantsareexhaustingtheirincome;
right? f. Issuedwithoutauthority;
7.) Where the judgment debtor is in imminent danger of
Under Rule 70 — a judgment of the MTC in a forcible entry or g. Changeofsituationofparties; INSOLVENCY.
unlawful detainer case is immediately executory even if it is not yet h. Thewritvariest hetermsofjudgment; The execution pending appeal may be proper for enforcing the
finalandexecutory. collection
of
ACTUAL DAMAGES, but
it
is
not
proper
to enforce the
i. Enforcedagainstpropertye xemptf romexecution.
2. Whenthecourtmayrefusetoissuethewritdespitefinality paymentofmoralorexemplarydamages.
DiscretionaryExecution
3. Stayofdiscretionaryexecution:SupersedeasBond
1. BeforeexpirationofperiodtoappealORduringthependency
ofappeal
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 45of232
GR: When a defendant puts up a supersedeas bond, the court shall The petitioner for revival of judgment is entitled to another 10 (b) Judgment obligor — against his
executor or administrator or
recall the execution pending appeal because discretionary yearsf romthedateoftherevivedjudgment. successor
in
interest,
if the judgment be for the recovery of real
executionistheexceptionratherthanthegeneralrule. or
personal
property, or the
enforcement of
a lien thereon, as a
Republicv.ClaroYap,G
RNo231116,7Feb2018 moneyclaim;
EXC: Notwithstanding the filing of the supersedeas bond by the
appellant, execution
pending
appeal may
still be granted by the The statute of limitations and Sec 6 of R39 DO NOT apply in
land (c) Judgment obligor, after
execution is
actually levied
upon any
court IF THERE ARE SPECIAL AND COMPELLING REASONS registrationproceedings. of
his
property, the same may be sold for the satisfaction of the
justifying the same outweighing the security offered by the judgment obligation, and the officer making the sale shall
supersedeasbond. This
provision refers
to civil
actions and is not applicable to special account to
the
corresponding executor or administrator for any
proceedings. This is so because a party in civil action must surplusinhishands.
4. Judgmentnotstayedbyappeal immediately enforce a judgment that is secured as against the adverse
Judgment for
SUPPORT. The same may be executed pending appeal party, and his failure to
act
to enforce the
same within
a reasonable Executionofjudgment,howenforced
even notwithstanding the filing of a supersedeas bond by the timemakesthedecisionunenforceableagainstthelosingparty. 1. MoneyJudgment(Sec9)
appellant. ImmediatePaymentonDemand
Howdoyouexecuteajudgment? Perezv.ManotokRealty,G
RNo216157,19Oct2019 1.) Thesheriffmustdemandpaymentfromtheobligor;
By filing a motion for execution before the same court which A judgment may be executed on motion within five years from the 2.) The obligor can pay in cash, certified bank check payable to the
renderedthejudgment. date of
its
entry or from the date it becomes final and executory. After judgment obligee or any other form of
payment acceptable to
Executionbymotionorbyindependentaction that, a judgment may be
enforced by
action before
it
is barred by the thelatter.
statute of
limitations. However, there are
instances where this
Court
Howistheexecutionenforced? allowed execution by motion even after the lapse of five
years 3.) Thepaymentshallgototheobligee;
1.) Execution by motion – within five (5) years from the uponmeritoriousgrounds. 4.) The
lawful fees
shall
be
paid
to
the
executing sheriff who shall
dateofitsentryorfinalityofjudgment;and In
computing the
time limited
for suing out of an execution, although turn over the said
amount within the
same
day
to
the
clerk
of
there
is
authority to
the contrary, the general rule is that there should courtofthecourtthatissuedthewrit.
2.) Execution by independent action through revival of
judgment–within5to10years. notbeincludedthetimewhenexecutionisstayed,either Satisfactionbylevy
Execution BY MOTION means that the prevailing party shall ask the a) byagreementofthepartiesforadefinitetime, If
the
judgment obligor
cannot pay
all
or
part
of
the
obligation, the
court to issue a writ
of
execution
by
simply
filing
a motion in
the b) byi njunction, officer shall LEVY upon the properties of the
judgment obligor of
samecase. c) by the
taking
of
an appeal or writ of error so as to operate as every kind and nature whatsoever which may be disposed of for
asupersedeas, value and not
otherwise exempt from execution giving the latter the
After the lapse of 5 years, the judgment becomes DORMANT. To d) bythedeathofapartyorotherwise. option to immediately choose which
property or part
thereof may
revive the dormant judgment, a civil action for revival of judgment
Any interruption or delay occasioned by the debtor will extend the beleviedupon,sufficienttosatisfythejudgment.
must be filed. That is what you call EXECUTION BY
INDEPENDENT ACTION which must be
filed
before
it
is
barred time w
ithin w
hich t
he w
rit m
ay b
e i
ssued w
ithout s
cire f
acias .
If the judgment obligor does not exercise the option, the officer
by the statute of limitations. According to Article 1144 of the shall first levy on the personal properties, if any, and
then
on
New Civil Code, the judgment may be enforced only within ten (10) Executionincaseofdeathofaparty the real properties if
the
personal
properties
are not
sufficient to
years. (a) Judgment obligee — upon the application of
his executor or answerforthejudgment.
The only
exception is
the
judgment for
SUPPORT which does not administrator, o
r s
uccessor i
n i
nterest;
LEVY
is
the
act
whereby a sheriff sets apart or appropriates, for the
becomedormant,nordoesitprescribe. purpose of
satisfying
the
command of the
writ, a part or the whole
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 46of232
of the judgment-debtor’s property. It is a prerequisite to the
a) toexecuteaconveyanceoflandorpersonalproperty,or A judgment which requires the defendant to perform an act
other
auction sale. In order that an execution sale may be valid, there
than payment of money or delivery of property. It refers to a
must be a previous valid levy. A sale not preceded by a valid levy is b) todeliverdeedsorotherdocuments,or
specific act which a party or person must personally do
voidandthepurchaseracquiresnotitle. c) toperformanyotherspecificactinconnectiontherewith, because his personal qualifications and circumstances have been
Garnishmentofdebtsandcredits and the party fails to comply within the time specified, the
court takenintoconsideration.
The officer may levy
on
debts
due
the
judgment obligor
and
other may direct the
act
to be done at the cost of the disobedient partyby A
special
judgment may
be
enforced by contempt if
the defendant
credits, including bank deposits, financial interests, royalties, some other person appointed by
the court and
the act when so refuses to comply with the judgment. But if it is an ordinary
commissions and other personal property not
capable of
manual doneshallhavelikeeffectasifdonebytheparty. judgment and
the
defendant refuses to comply, it is not a ground for
deliveryinthepossessionorcontrolofthirdparties. If real or personal property is situated
within
the
Philippines, the contempt.
1.) Levy shall be made by serving notice upon
the
person owing court in lieu of directing a conveyance thereof may by an order Levyonexecution,itseffect
such debts
or
having in his
possession or
control such credits divestthetitleofanypartyandvestitinothers.
The levy on execution shall create a lien in favor of the
to which the judgment obligor is entitled. The garnishment Saleofrealorpersonalproperty judgment obligee over
the right, title
and interest of the judgment
shall cover only such amount as will
satisfy the
judgment and
To sell such property, describing it, and apply the proceeds in obligor in such property at the time of the levy, subject to
liens
alllawfulfees.
conformitywiththejudgment. andencumbrancesthenexisting.
2.) The garnishee shall make a written report to
the court
within
five
(5) days from service of the notice of garnishment stating Deliveryorrestitutionofrealproperty Propertyexemptfromexecution
whether or not the judgment obligor has sufficient funds or The officer shall demand of the judgment obligor and all
persons (a) Familyhome,orthehomesteadinwhichheresides,andland;
credits to
satisfy
the amount of the
judgment. If
not, the report claiming rights under him
to
peaceably vacate the
property within (b) Ordinary tools
and
implements personally used by him in his
shall state how much funds or credits the
garnishee holds for three (3) working days, and restore possession thereof to the trade,employment,orlivelihood;
thejudgmentobligor. judgment obligee; otherwise, the officer
shall
oust all such persons
therefrom with the assistance, if necessary, of appropriate peace (c) Three horses,
or
three cows, or three carabaos, or other beasts
3.) The garnished amount in cash, or
certified bank
check
issued
officers, and employing such means as may be reasonably of burden, such as the judgment obligor may select
in
the
name of
the
judgment obligee, shall be delivered directly
necessary to retake possession, and place
the
judgment obligee in necessarilyusedbyhiminhisordinaryoccupation;
to the judgment obligee within ten (10) working days from
service of notice on said garnishee requiring such delivery, possessionofsuchproperty. (d) His
necessary
clothing and articles for ordinary personal use,
exceptthelawfulfeeswhichshallbepaiddirectlytothecourt. Removalofimprovementsonpropertysubjectofexecution excludingjewelry;
4.) In
the
event there
are
two or
more garnishees holding deposits The officer shall not destroy, demolish or remove said (e) Household furniture and utensils necessary for
or credits sufficient to satisfy the judgment, the judgment improvements except upon special order of the court, issued housekeepingofavaluenotexceedingP
hp100K;
obligor, if available, shall have the right to indicate the upon
motion of
the
judgment
obligee after due hearing and after the (f) Provisions for individual or family use sufficient for four
garnishee or garnishees who shall be required to deliver the obligor has failed to remove the same within a reasonable time months;
amount due; otherwise, the choice shall be made by the fixedbythecourt.
judgmentobligee. (g) The
professional
libraries and
equipment
of
judges, lawyers,
Deliveryofpersonalproperty physicians, pharmacists, dentists, engineers, surveyors,
2. Judgmentforspecificacts(Sec10)
The officer
shall
take
possession of
the
same and forthwith deliver clergymen, teachers, and other professionals, not exceeding
Conveyance, delivery of deeds, or other specific acts; vesting it to
the
party
entitled thereto
and
satisfy any
judgment
for
money Php300Kinvalue;
title asthereinprovided.
Ifajudgmentdirectsaparty 3. Specialjudgment(Sec11)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 47of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 48of232
does
not exceed
the
amount
of
his
judgment. If it does, he shall pay
3. Penaltyforsellingwithoutnotice Meaning, there were serious irregularities committed by the
onlytheexcess.
officer
in
conducting
the sale
like
no publication, no notice, no
a) Sellingwithoutnotice—P
hp5K+ActualDamages;
7. Conveyanceofpropertysoldonexecution priorlevy,etc.;
b) Willfully removing or defacing the notice posted, if done before
Personalpropertycapableofmanualdelivery 2.) When the price obtained at the execution sale is
the sale, or before the satisfaction of the judgment if it be
shockingly inadequate and
it
is shown that a better price can
satisfiedbeforethesale—P hp5K+ActualDamages. The officer making the sale must deliver the property to the
beobtainedataresale.
purchaser and,
if desired, execute and deliver to him a certificate of
4. Howtopreventexecutionsale
sale. EXCtotheEXC:
At any time
before
the sale
of property
on execution,
the
judgment
Personalpropertynotcapableofmanualdelivery The rule
that you can question the validity of the auction sale if
obligor may prevent
the sale
by
paying
the amount required
by
the price obtained is shockingly inadequate applies ONLY when
theexecutionandthecoststhathavebeenincurredt herein. The officer making the sale MUST execute and deliver to the
thepropertysoldisP ERSONALp roperty.
purchaserac ertificateofsale.
5. Whowillconductanddirectmannerandorderofexecution
When a property sold by virtue of a writ of execution has been
The
sale
conveys to
the purchaser all the rights which the judgment
All sales of property under execution must be made at PUBLIC claimed by a third person, the certificate of sale to be issued
obligor had in such property as of the date of the levy on
AUCTION, to the highest bidder, to start at the exact time fixed in the shallmakeexpressmentionoftheexistenceofsuchclaim.
executionorp reliminaryattachment.
notice.
GroundstoattackValidityofSale
Realproperty
After sufficient property has been
sold
to
satisfy the
execution, no
1) Irregularity in
the
sale
such
as
no
publication,
no notice, or no
more shall
be
sold and
any excess property or proceeds of the sale The officer must give to the purchaser a certificate of sale
priorlevy;
shallbepromptlydeliveredtothejudgmentobligor. containing:
2) Grossinadequacyofthepriceofsale,ifpersonalproperty.
The judgment obligor, if
present at
the
sale,
may
direct the
order (a) Aparticulardescriptionoftherealpropertysold;
in which property, real or personal, shall be sold, when such NB: This is
not
applicable for
real
property as
a low price
(b) Thepricepaidforeachdistinctlotorparcel;
property consists of several known lots or parcels which can be would actually be
beneficial to the judgment debtor as
soldtoadvantageseparately. (c) Thewholepricepaidbyhim; itwouldbeeasierforhimtoredeemtheproperty.
Neither
the
officer
conducting
the
execution
sale,
nor
his
deputies, (d) A statement that the right of redemption expires one RightofRedemption
canbecomeapurchaser,norbeinteresteddirectlyorindirectly. (1) year from the date of the registration of the
1. Whomayredeem
6. Whocanbuypropertysoldonexecution?Effectof certificateofsale.
(a) The judgment obligor, or his successor in interest in the
nonpayment Such certificate must be registered in
the
registry
of
deeds
of
wholeoranypartoftheproperty;
If a purchaser refuses to pay the amount bid by
him
for property theplacewherethepropertyissituated.
(b) A
creditor
having a lien
by virtue of an attachment, judgment
struck off to him at a sale under execution, the officer may again GR: The validity of an auction sale can not be attacked on the
or mortgage on the property sold, or on some part thereof,
sell the
property to
the highest bidder and
shall not be responsible presumption that every fair sale is final. There is a
subsequent to the lien under which the property was sold. Such
for any loss occasioned thereby; but the court may order the presumptionofregularperformanceofdutybythesheriff.
redeemingcreditoristermedaR EDEMPTIONER.
refusing purchaser to pay into the court the amount of
such
EXC: Whenanexecutionmaybesetaside:
loss, with costs, and may punish him for contempt if he TN: Redemptioners cannot redeem if the judgment debtor
disobeystheorder. 1.) When it
is
shown
from
the
nature
of
the
irregularity
or
from redeems.
intrinsicfactsinjuryresultedtherefrom.
When
the
purchaser is
the judgment obligee, and no third-party 2. Periodofredemption
claim has been filed, he need not
pay
the
amount of
the
bid
if
it
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 49of232
➔ ONE YEAR from the date of registration of the certificate of (C) to make the necessary repairs to
buildings
thereon
while a) Helostpossessionoftheproperty;
sale; heoccupiestheproperty.
b) Hewasevicted;
➔ Allsubsequentredemptionersaregiven6
0days. All rents, earnings and income
derived
from
the
property pending
c) Therewasirregularityoftheproceedings;
Judgment obligor pays the purchaser the amount of
his purchase, redemption shall belong to the judgment obligor until the expiration
with 1%
per month interest thereon in addition, up to the time of ofhisperiodofredemption. d) The judgment has been reversed or set aside on
redemption, together
with the amount
of
any assessments or taxes, appeal;
6. Deedofpossessiontobegivenupon
andinterestonsuchlastnamedamountatthesamerate. expirationofredemptionperiod e) Thepropertysoldwasexemptfromexecution;or,
3. Mannerandamountpayableonsuccessiveredemption a) If
no
redemption be made within one (1) yearfrom
the date of f) A third person has validity of his claim of the
Property so redeemed may again be redeemed within sixty (60) the registration of the certificate of sale, the purchaser is property.
days after the last redemption upon payment of the sum paid on the entitledtoaconveyanceandpossessionoftheproperty;or,
WhataretheRemediesofaJudgmentCreditorinAidofExecution
last redemption, with 2% thereon in addition, plus other b) if
so redeemed whenever sixty
(60) days have elapsed and no
1) Examinationofjudgmentobligor;
assessmentsandtaxes. other redemption has
been made,
and notice thereof given, and
the time for redemption has expired, the last
redemptioner is 2) Examinationofobligorofjudgmentobligor;
4. Proofrequiredofredemptioner
entitledtotheconveyanceandpossession;
3) Enforcementofattendanceandconductofexamination;
A
redemptioner must
produce to
the
officer,
or
person
from whom
c) but in all cases the judgment obligor shall have the entire
heseekstoredeem,andservewithhisnoticetotheofficer 4) Obligorofjudgmentobligormaypayexecutiontoobligee;
period of one
(1)
year from
the
date
of
the
registration of
the
(a) a
copy of the judgment or final order under which he claims the saletoredeemtheproperty. 5) Garnishment of income more than enough for the support of
righttoredeem,certifiedbytheclerkofthecourt;or, d) The deed shall be executed by the officer making the sale or by hisfamily;
(b) if
he
redeems
upon a mortgage or other lien, a memorandum of hissuccessor. 6) AppointmentofReceiver;
therecordthereof,certifiedbytheregistrarofdeeds;or Upon the expiration of the right of redemption, the purchaser or 7) Saleofascertainableinterestofjudgmentobligorinrealestate;
(c) an original or certified copy of any assignment necessary to redemptioner shall
be substituted to and acquire all the rights, title,
8) Proceedings when
indebtedness
is
denied
or
property
claimed
establishhisclaim;A ND interest and claim of the judgment obligor to the property as of
byotherpersons.
(d) an
affidavit
executed
by
him
or
his agent, showing the amount
thetimeofthel evy.
ExaminationofJudgmentObligor
thenactuallydueonthelien. The possession of the property shall be given
to the
purchaser or
WhenJudgmentUnsatisfied
5. Usageofthepropertypendingredemption last redemptioner by the same officer unless a third party is
actuallyholdingthepropertyadverselytothejudgmentobligor. The judgment obligee, at any time after
such return is
made, shall
Until the expiration of the time allowed for
redemption,
the court be entitled to an order requiring such judgment obligor to
appear
may, as
in
other
proper cases, restrain
the commission of waste In
an
extra-judicial foreclosure, there
is
no need for
a deed
of
sale.
and be examined concerning his property and income before such
on the property by INJUNCTION, on the application of the Only an affidavit of consolidation is needed under the mortgage
court or
before a commissioner appointed by
it, at a specified time
purchaserorthejudgmentobligee,withorwithoutnotice. law.
and place; and proceedings may thereupon be had for the
Itisnotwasteforapersontocontinueto What are the remedies of a purchaser if he is ousted due to a valid application of the property and income of the judgment obligor
third-partyclaim? towardsthesatisfactionofthejudgment.
(A) use it
in the same manner in which it was previously used;
or 1.) Recoverthemoneyfromobligee;or But no judgment obligor shall be so required to appear before a
2.) Have the judgment revived in your name and you look for court or commissioner outside the province or
city in
which
such
(B) touseitintheordinarycourseofhusbandry;or obligorresidesorisfound.
otherpropertiesoftheobligortoexecutebecause:
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 50of232
When the return of a writ of execution against the property of a Entryofsatisfactionofjudgment 1.) When the parties in the second action are the same as the
judgment obligor shows that
the judgment remains unsatisfied, the partiesinthefirstaction;or
Satisfaction of a judgment shall
be
entered
by
the
clerk
of
court
court may, by
an
order, require an obligor
of
the
judgment obligor,
inthecourtdocket,andintheexecutionbook, 2.) When the parties in the second action are
to appear before the court or a commissioner appointed by it
for
successors-in-interest of
the
parties
in
the
first action,
such as
examination. (a) upon the return of a writ of execution showing
the
FULL
heirs or purchasers who acquired title after the commencement
satisfactionofthejudgment,or
1. Sanctionfornotattendingexamination ofthefirstaction.
(b) upon the filing of an admission to
the satisfaction of
the
Maybepunishedforc ontempta sinothercases. The
doctrine of
res
adjudicata applies
not
only
to
the
decisions
of
judgment executed and acknowledged in
the
same
manner
regular courts but can be invoked even in
administrative cases.
It
2. AppointmentofReceiver as a conveyance of real property by the judgment obligee
alsoappliestodecisionsofadministrativebodies.
The court may appoint a receiver of
the
property of
the
judgment or by his counsel unless a revocation of his authority is
filed,or TESTS
TO DETERMINE WHETHER OR NOT THE CAUSES OF ACTION
obligor; and it
may
also
forbid a transfer or other disposition of, or
ARETHESAME:
any interference with, the property of the judgment obligor not (c) upon
the
endorsement of
such admission by the judgment
exemptfromexecution. obligee or his counsel on the face of the record of the 1) SAMEEVIDENCETest;
Ifitappearsthatthejudgmentobligor judgment. 2) INCONSISTENCYTest;
a) hasaninterestinrealestate SATISFACTION OF JUDGMENT is the compliance with or 3) The causes
of
action
can
not
be
the
same
if
the cause of action
fulfillment of the mandate thereof. It may be compelled by the inonecaseonlyaroseafterthejudgmentintheother.
b) intheplaceinwhichproceedingsarehad, judgment-creditor by means of execution, or by the judgment-debtor
bymeansofvoluntarypayment. Conclusivenessofjudgment
c) asmortgagorormortgageeorotherwise,and
EXECUTIONi sthemethodofenforcementofajudgment. In
any other litigation between the same parties or their successors
d) hisinterestthereincanbeascertainedw
ithoutcontroversy,
in interest, that only is
deemed to
have
been
adjudged in
a former
the
receiver may
be
ordered
to
sell
and
convey
such
real estate or When a judgment is
rendered against
a party who stands as surety judgment or
final order which appears upon its face to have been so
theinterestoftheobligortherein. for
another, the
latter is also bound from the time that he has notice adjudged, or which was actually and necessarily included therein or
of the action or proceeding, and an opportunity at the surety's necessarythereto.
3. Proceedingswhenindebtednessisdeniedbythirdperson requesttojoininthedefense.
BarbyaFormerJudgment ConclusivenessofJudgment
If it appears that
a person or corporation, alleged
to
have
property
Effectofjudgmentorfinalorders
of the judgment obligor or to be indebted to him, claims an interest
absolutebartoallmatters thefirstjudgmentisconclusive
in the property adverse to him or denies the debt, the court may 1. ByaPhilippinecourt
directlyadjudgedaswellas onlyonmattersactuallylitigated
authorize,byanordermadetothateffect, Resjudicata mattersthatmighthavebeen andadjudgedinthefirstaction
a) the judgment obligee to institute an
action against such person adjudged.
1.) Thejudgmentororderinvokedasresadjudicatamustbef inal;
orcorporationfortherecoveryofsuchinterestordebt,
2.) The court
rendering
the
same must have
jurisdiction over the theremustbeidentityofparties, notnecessarythatthereis
b) forbid a transfer or other disposition of such interest or
debt
subjectmatterandoftheparties; subjectmatter,andcauseof identityofcausesofaction.
within one hundred twenty (120) days from notice of
the
order,and 3.) Thejudgmentorordermustbeuponthem erits;and action
c) maypunishdisobedienceofsuchorderasforc ontempt. 4.) There must be, between the two cases, identity of parties, There is
"bar
by
prior judgment" when, as
between
the first case
identityofsubjectmatter,andidentityofcauseofaction. where the judgment was rendered and the second case that is sought
Thereisi dentityofpartiesforthepurposeofresjudicata: to
be
barred, there is
identity
of
parties,
subject matter,
and causes
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 51of232
of action. The judgment or decree of the court of competent briefly discuss the errors imputed to the lower court, a copy of
RULE40AppealfromMTCstoRTCs
jurisdiction on the merits concludes the litigation between the which shall be furnished by him to the
adverse party. Within
parties, as well as their privies, and constitutes a bar to a new 1. Where — To the RTC which has territorial jurisdiction over the fifteen (15) days from receipt of the appellant's
action or
suit
involving the same cause of action before the same or placewheretheMTCsits. memorandum, the appellee may file his memorandum. Failure
anyothertribunal. of
the
appellant to file
a memorandum shall
be
a ground
2. When fordismissaloftheappeal.
But where there is
identity
of
parties
in
the
first
and
second cases,
but no
identity of
causes of
action,
the
first judgment is conclusive a. 15days;or (c) Upon the filing of the memorandum of the appellee, or the
only as to those matters actually and directly controverted and b. 30daysiftherecordsonappealisrequired expiration of the period to
do
so,
the
case
shall
be considered
determined and not as to
matters merely involved therein.
This
is submitted for decision. The RTC shall decide the case on the
the concept of res judicata known as "conclusiveness of periodisinterruptedbyMRorMNT. basis
of the entire record of the proceedings held in the court of
judgment." 3. How originandsuchmemorandaasarefiled.
2. ByaForeigncourt a. ByN
oticeofAppeal—forordinarycivilactions; 6. Appealfromordersdismissingcasewithouttrial
Cannotbeenforcedbyexecution within 15
days
from
receipt
of
adverse
decision
in the court a a. If
MTC has
no
JD,
RTC
has,
RTC will treat the case as originally
quo. filed;
Recognitionofforeignjudgment
MATERIALDATARULE: b. IfMTChasJD,RTCwillremandcasetoMTC;
Allowthelosingpartyanopportunitytochallengeit
1. Thedatedecisionisr eceived; c. If both MTC and RTC have no JD, RTC will dismiss appeal
(a) In
case
of
a judgment or
final
order
upon a specific thing, the
without prejudice to
the
filing
of
case in
the
appropriate body,
judgment or final order is conclusive upon the title to the thing; 2. Thedatenoticeofappealisf iled. e.g.DARAB.
and
b. By Records on Appeal — for special proceedings and cases
(b) In case of a judgment or final order against a person, the involvingmultipleappeals. RULE41AppealfromtheRTCs
judgment or final
order
is
presumptive evidence of a right as
between the parties and their successors in interest by a 4. DutyoftheClerkofCourtuponperfectionofappeal
1. Whatrulingmaybeappealed
subsequenttitle. Appeal is
deemed perfected as to the
appellant the moment he files
An appeal may be taken from a judgment or final order that
In
either
case,
the
judgment
or
final
order
may
be
repelled
by evidence the notice of appeal. But it is not yet deemed perfected as to the
completely disposes of
the
case, or
of
a particular
matter
therein
ofaJNCFM whole case until
after
the
lapse of the period of appeal for the other
whendeclaredbytheseRulestobeappealable.
party.
1. wantofj urisdiction, Noappealmaybetakenfrom:
Once the appeal is already perfected as to both of them,
the
MTC
2. wantofn
oticet otheparty, willforwardtherecordsofthecasetotheRTCforreview. (a) An
order
denying
a petition
for
relief
or
any
similar
motion
3. collusion, seekingrelieffromjudgment;
The
Clerk
of
Court
of
the
RTC
will
then
notify
both
parties
that the
4. fraud,or recordsarenowintheRTC. (b) Aninterlocutoryo
rder;
5. clearmistakeo
flaworfact. 5. ProcedureintheRTC (c) Anorderdisallowingord
ismissinganappeal;
(a) Upon receipt of the complete record or the record on appeal, the (d) An order denying a motion to set aside a judgment by
X.ModesofAppeal clerkofcourtoftheRTCshallnotifythepartiesofsuchfact. consent, confession or compromise on the ground of fraud,
mistakeorduress,oranyothergroundvitiatingconsent;
(b) Within fifteen
(15)
days
from such notice, it shall be the duty
of the appellant to submit a memorandum which shall (e) Anorderofe
xecution;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 52of232
(f) A
judgment or
final
order for
or
against
one
or more of several 4. Wheretopayappellatecourtdocketfees—I nthecourtaquo. b. approvec ompromises,
parties or
in
separate claims, counterclaims, cross-claims and
5. Noticeofappeal—s hallindicate c. permitappealsofindigentlitigants,
third-party complaints, while the main case is pending,
unlessthecourtallowsanappealtherefrom;and a. thepartiestotheappeal, d. order
execution pending
appeal
in
accordance with 2 of
Rule39,and
(g) Anorderdismissinganactionwithoutprejudice. b. specify the judgment or final order or part thereof
appealed
from, e. allowwithdrawaloftheappeal.
In
any
of
the
foregoing
circumstances, the
aggrieved
party may file
anappropriatespecialcivilactionasprovidedinR ule65. c. specifythecourtt owhichtheappealisbeingtaken,and 8. Dismissalofappeal
2. ModesofappealfromRTC d. statethem
aterialdatesshowingthetimelinessoftheappeal. Prior to the transmittal of the original record or the record on
appeal to the appellate court, the trial court may motu propio or on
A. OrdinaryAppeal 6. Recordonappeal,whenrequired
motiondismisstheappeal
EitherbyN
oticeofAppealorRecordsonAppeal. a. specialproceedingsand
a) forhavingbeentakenoutoftime;
B. PetitionforReviewunderRule42 b. othercasesofmultipleorseparateappeals
b) non-paymentofdocketfee.
Appeal from the decision of the RTC in its appellate 7. Perfectionofappeal,residualjurisdictionofcourt
jurisdiction. A
party's
appeal by
notice
of
appeal
is
deemed perfected
as to him RULE42PetitionforReviewfromtheRTCstoCA
C. AppealbyCertiorariu
nderRule45 uponthefilingofthenoticeofappeali nduetime.
1. Howappealtakenandtimetofile
Direct appeal to the SC of the decision of the RTC in its original A
party's
appeal by
record on appeal is deemed perfected as to him
jurisdictionbasedonp urequestionoflaw. with
respect
to
the subject matter thereof upon the approval of the a. FileaverifiedpetitionforreviewwiththeCA,
recordonappealf iledinduetime.
3. Periodofappeal b. Paying at the same time to the clerk of said court the
In appeals by notice of appeal, the court
loses
jurisdiction
over correspondingdocketandotherlawfulfees,
a. 15or30daysforOrdinaryAppeal;
thecase
c. DepositingtheamountofP500.00forcosts,and
b. 48hoursforh
abeascorpuscases.
a. upontheperfectionoftheappealsfiledinduetimeand
d. Furnishing the RTC and the adverse party with a copy of the
Neypesv.CA,141524,14Sep2005 b. theexpirationofthetimetoappealoftheotherparties. petition.
This "fresh period rule" shall apply to Rule 40 governing appeals In appeals
by
record
on
appeal, the
court
loses
jurisdiction
only The petition shall be filed and served within fifteen (15) days
from the
Municipal Trial Courts to
the Regional Trial Courts; Rule 42 overthesubjectmatterthereof from notice of the decision sought to be reviewed or of the denial of
on petitions for
review from
the Regional Trial Courts to the Court of petitioner's motion for new trial or reconsideration filed in due
a. upon the approval of the records on appeal filed in due
Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court timeafterjudgment.
timeand
of Appeals and Rule 45 governing appeals by certiorari to the Upon
b. theexpirationoftheappealoftheotherparties.
Supreme Court. The new rule aims to regiment or make the
appeal
a. propermotionand
period uniform, to be counted from receipt
of
the
order
denying the In either case, prior to the transmittal of the original record or the
motion for new trial, motion for reconsideration (whether full or recordonappeal,thecourtmay b. the payment of the full amount of the docket and other
partial)oranyfinalorderorresolution. lawfulfeesand
a. issue orders for the protection and preservation of
the
NB: Applies only to final orders and NOT to interlocutory orders. rights of the parties which do not involve any matter c. thedepositforcosts
(Rubiov.MTCCofCDO) litigatedbytheappeal,
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 53of232
a. Requirerespondenttoc ommentw
ithin10days;OR SecuritiesandExchangeCommission, StMartinFuneralHomesv.NLRC,130866,16Sep1998
b. Dismisso
utright. c. OfficeofthePresident, All references in
the
amended Section 9 of
B.P.
No.
129
to
supposed
d. LandRegistrationAuthority, appeals from the NLRC to the Supreme Court are interpreted and
i. Petitionispatentlywithoutmerit;
hereby declared to mean and refer to petitions for certiorari
e. SocialSecurityCommission,
ii. Prosecutedmanifestlyfordelay; under Rule 65. Consequently, all such petitions should henceforth
iii. Questions raised therein are too unsubstantial to f. CivilAeronauticsBoard, be initially filed in
the
Court
of Appeals in strict observance
requireconsideration. g. BureauofPatents,TrademarksandTechnologyTransfer, of the doctrine on the hierarchy of courts as the appropriate forum for
thereliefdesired.
3. Duecourse h. NationalElectrificationAdministration,
Remember:R65fromNLRCtoCA;thenR
45fromCAtoSC.
If the Court of
Appeals
finds prima facie
that the
lower court
has i. EnergyRegulatoryBoard,
committed an error of fact or law that will warrant a reversal or 3. Wheretoappeal—T
oCA,evenonpurequestionoflaw.
j. NationalTelecommunicationsCommission,
modificationoftheappealeddecision.
k. DepartmentofAgrarianReformunderRepublicActNo.6657, 4. Periodofappeal
4. Perfectionofappeal,effectthereof
l. GovernmentServiceInsuranceSystem, a. 15 days from receipt of judgment OR order denying motion
GR: The RTC
loses jurisdiction over
the case upon the perfection of forreconornewtrial(freshperiodof15daysapplicable);
the appeals filed in due
time and
the
expiration of
the
time
to m. EmployeesCompensationCommission,
appealoftheotherparties. b. Onlyo
neMRisallowed;
n. AgriculturalInventionBoard,
EXC: ResidualJurisdictionofRTC. c. Motion for
extension of time to file petition can be granted only
o. InsuranceCommission, for1
5daysafterpaymentofrequiredfees.
Except in civil cases decided under the Rule on Summary
p. PhilippineAtomicEnergyCommission, d. No further extension shall be granted except for the most
Procedure, the appeal shall stay the judgment or final
q. BoardofInvestments, compellingreasonandinnocasetoexceedf ifteen(15)days.
order unless the Court of Appeals, the law, or these Rules shall
provideotherwise. r. ConstructionIndustryArbitrationCommission,and 5. Howappealistaken( SeeR42)
5. Submissionfordecision s. VoluntaryArbitrators. 6. Contentsofpetition( SeeR42)
If
the
petition is
given due course, the Court of Appeals may set the 2. Casesnotcovered 7. Actiononthepetition( SeeR42)
case for oral
argument or
require the parties to submit memoranda
a. RA9282(CTA)—directtoSC; a. Require
the
respondent
to
file a comment on the petition not a
within a period of
fifteen (15)
days from notice. The case shall be
motiontodismiss,withinten(10)daysfromnotice,or
deemed submitted for decision upon the
filing of
the
last
pleading ThefollowingarealreadyappealabletotheCAunderR43
ormemorandumrequiredbytheseRulesorbythecourtitself. b. Dismissthepetitionifitfindsthesametobe
a. RA8799(CommercialCourts)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 54of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 55of232
b. StatementofFactsorCounter-Statementoffacts; 2. Contentsofthepetition,effectsoffailuretocomply
RULE44OrdinaryAppealedCases c. Arguments; Thepetitionshallcontainthe
1. Whentofilerecordonappeal An appellee who has not appealed CANNOT make assignment of a) full names and actual addresses of all the petitioners and
errorsinhisbrief. respondents,
a. Within ten (10) days from receipt of said notice, the appellant,
in
appeals by record on appeal, shall file with the clerk of court 4. Appellant’sreplybrief,whentofile b) a concise statement of the matters involved, the factual
seven (7) clearly legible copies of the approved record on backgroundofthecase,and
Within twenty (20) days from receipt of
the
appellee's brief,
the
appeal, together with the proof of service of two (2) copies appellant may file a reply
brief
answering points
in
the
appellee's c) thegroundsrelieduponforthereliefprayedfor.
thereofupontheappellee. briefnotcoveredinhismainbrief.
InactionsfiledunderRule65,thepetitionshallfurtherindicate
b.
Any unauthorized alteration, omission or addition in the 5. Timetofilememorandainspecialcases
d) the material dates showing when notice of the judgment or
approved record
on
appeal shall
be
a ground for dismissal of
In certiorari, prohibition, mandamus, quo warranto and habeas final order or resolution subject
thereof
was received, when a
theappeal.
corpus cases,
the parties shall file in
lieu of
briefs, their respective motion for new trial or reconsideration, if any, was filed
and
2. Appellant’sbrief,whentofileandcontents memoranda within a non-extendible period of thirty (30) days whennoticeofthedenialthereofwasreceived.
Within forty-five (45)
days from receipt of the
notice
of
the
clerk from receipt
of
the notice issued by the clerk that
all
the evidence,
Docket Fee — The petitioner shall pay the corresponding docket
that all the evidence, oral and documentary, are attached to the oral a
nd d
ocumentary, i
s a
lready a
ttached t
o t
he r
ecord.
and
other lawful fees to the clerk of court and deposit the amount of
record, seven (7) copies of his brief, with
proof
of
service
of
two The failure of the appellant to file his memorandum within the P500.00forcostsatthetimeofthefilingofthepetition.
(2)copiesthereofupontheappellee. periodthereformaybeagroundford ismissaloftheappeal.
The failure of the petitioner to comply with any of the
The filing of the appellant’s brief is required
only
in
the
ordinary 6. Questionsthatmayberaisedonappeal requirements shall be sufficient ground for the dismissal of
appeal. thepetition.
Whether or
not
the
appellant has
filed
a motion for new trial in the
GR: Only errors specifically assigned
and
properly
argued
in
brief court below he may include in his assignment of errors any 3. Whenjurisdictionoverpersonofrespondentisacquired
shallbeconsideredbytheappellatecourt. question of
law or fact that has been raised in the court below and
A. serviceonhimofitsorder;or
EXC: whichiswithintheissuesframedbytheparties.
B. resolutionindicatingitsinitialactiononthepetition;or
1) Errorsaffectingj urisdiction;
RULE46OriginalCases C. byhisvoluntarysubmissiontosuchjurisdiction
2) Plainandclericalerrors;
1. WhataretheoriginalactionsintheCA 4. Actionbythecourt,effectoffailuretofilecomment
3) Unassigned errors closely related to or dependent upon an
a. Concurrentw
ithRTCandSC: Thecourtmay
assignederrorandproperlyarguedinthebrief.
i. Certiorari; a. dismiss the petition outright with specific reasons for such
3. Appellee’sbrief,whentofileandcontents
dismissalor
Within forty-five (45) days from receipt of the appellant's brief, ii. Prohibition;
b. require the respondent
to
file
a comment
on
the
same
within
the appellee shall file with
the
court
seven (7)
copies
of
his
brief, iii. Mandamus; ten(10)daysfromnotice.
with proof of service of two (2) copies thereof upon the appellant. It
shallcontainthefollowing: iv. Quowarranto; When no
comment is
filed
by any of the respondents, the case may
b. Exclusive: be decided on the basis of the record, without prejudice to
any
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 56of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 57of232
GR: The
prescriptive period
for
the refiling of the aforesaid original (b) ⭐Failure to file the notice of appeal or the record on Thereafter, the withdrawal
may
be
allowed
in
the
discretion
of
the
action shall be deemed suspended from the filing of such appealwithintheperiodprescribedbytheseRules; court.
originalactionuntilthefinalityofthejudgmentofannulment.
(c) Failure of the appellant to pay the docket and other lawful
EXC: However, the
prescriptive period shall not be suspended where fees as
provided in
section 5 of
Rule
40
and
section
4 of
Rule RULE51Judgment
the extrinsic fraud is attributable to the plaintiff in the 41;
originalaction. 1. Whencasedeemedsubmitted
(d) Unauthorized alterations, omissions or additions in the
8. AnnulmentofjudgmentofMTCdecision,wheretofile approvedrecordonappealasprovidedinsection4ofRule44; A. InOrdinaryappeals.—
An action to annul a judgment or final order of a Municipal Trial (e) Failure of the appellant to serve and file the required 1) Where no hearing on the merits of the main case is
Court shall be filed in the Regional Trial Court having jurisdiction number of copies of his brief or memorandum within the time held,
over the former. It shall be treated
as
an ordinary civil
action
and providedbytheseRules; a. upon the filing of the last pleading, brief, or
sections2,3,4,7,8and9ofthisRuleshallbeapplicablethereto. memorandum required by
the Rules or by the
(f) Absence of specific assignment of errors in the appellant’s
brief,
or
of
page
references to
the
record
as
required in section courtitself,or
RULE48PreliminaryConference 13,paragraphs(a),(c),(d)and(f)ofRule44; b. theexpirationoftheperiodforitsfiling.
a. Toconsiderthepossibilityofanamicablesettlement; (g) Failure of the appellant to take the necessary steps for the 2) Wheresuchahearingisheld,
correction or completion of the record within the time
b. Todefine,simplifyandclarifytheissuesfordetermination; a. uponitsterminationor
limitedbythecourtinitsorder;
c. To formulate stipulations of facts and admissions of b. upon the filing of the last pleading o
r
(h) Failure of the appellant to appear at the preliminary
documentaryexhibits,limitthenumberofwitnesses. memorandum as may be required or
conference under Rule
48
or
to
comply with orders, circulars,
permittedtobefiledbythecourt,or
ordirectivesofthecourtwithoutjustifiablecause;and
RULE49OralArgument c. theexpirationoftheperiodforitsfiling.
(i) The fact that the order or judgment appealed from is not
OnedifferencebetweenmotionsfiledintheRTCandintheCAisthat: appealable. B. Inoriginalactionsandpetitionsforreview.—
a. in the
RTC, there
must
be
notice
of
hearing
(Rule
15)
attached 2. Dismissalofimproperappeal 1) Wherenocommentisfiled,
tothemotion,otherwiseitwillbedenied; An
appeal
under Rule
41 taken from the RTC to the CA raising only a. upontheexpirationoftheperiodtocomment.
b. in the CA, there is no need for notice of hearing to be questions of law shall be dismissed, issues purely of law not being
2) Wherenohearingisheld,
attachedtothemotion. reviewablebysaidcourt.
a. upon
the filing of the last pleading required or
Similarly, an appeal by notice of appeal instead of by
petition
for
permittedtobefiledbythecourt,or
RULE50DismissalofAppeal reviewfromtheappellatejudgmentofaRTCshallbedismissed.
b. theexpirationoftheperiodforitsfiling.
An appeal erroneously taken to the CA shall not be transferred to the
1. Grounds 3) Whereahearingonthemeritsofthemaincaseisheld,
appropriatecourtbutshallbed ismissedoutright.
Motupropriooruponmotion: a. uponitsterminationor
3. Withdrawalofappeal
(a) Failure of the record on appeal to show on its face that the b. upon the filing of the last pleading o
r
An appeal may be withdrawn as of right at any time before the
appealwastakenwithintheperiodfixedbytheseRules; memorandum as may be required or
filingoftheappellee’sbrief.
permittedtobefiledbythecourt,or
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 58of232
final order
to
be
executed,
with a directive
for
such
court
of
origin
c. theexpirationoftheperiodforitsfiling. A majority of the actual members of the
court
shall
constitute
a
toissuetheproperwritforitsenforcement.
quorumforitssessionse nbanc.
2. Whowillpenthedecision
The judgment shall be rendered by the
members of
the
court
who RULE52MotionforReconsideration The affirmative votes of the majority of the members present
participated
in
the
deliberation on the merits
of
the
case before
its shallbenecessarytopassaresolutionofthecourte nbanc.
assignmenttoamemberforthewritingofthedecision. 1. Whentofile
Three members shall constitute a quorum for the sessions of
a
3. Quorumandvotinginthecourt Withinfifteen(15)daysfromnoticethereof,withproofof
division.
serviceontheadverseparty.
Unanimousp
articipationandvoteofthethreeJusticesisrequired;
2. Nosecondmotionforreconsideration The affirmative votes of three members of a division shall be
If
unanimous decision
not
reached, the Presiding Justice designates necessary for
the pronouncement of
a judgment or final resolution,
2additionalJusticesviaraffletocomposeaspecialdivisionof5; 3. Whentoresolve which shall be reached in consultation before the writing of the
From there,
only
a majority
of
3 votes
is
required
for
a decision to Withinninety(90)daysf romthedatewhenthecourtdeclares opinionbyanymemberofthedivision.
bereached. itsubmittedforresolution.
4. Effectonexecution RULE55PublicationsofJudgmentsandFinalResolutions
4. Errorsnotaffectingsubstantialrightsoftheparties
The court
at
every
stage
of the proceeding must disregard any error stay
Shall the execution of the judgment or final resolution 1. Where to publish decision — The judgments and final
ordefectwhichdoesnotaffectthesubstantialrightsoftheparties. sought to be reconsidered unless the court, for good reasons, resolutions of the court
shall
be
published
in
the
Official
Gazette
shallotherwisedirect. andintheReports.
5. Questionsthatmaybeentertainedonappeal
No error which does not affect the jurisdiction over the subject RULE53NewTrial XII.ProcedureintheSupremeCourt
matter or the validity of the judgment appealed from or the
proceedings therein will be considered unless stated in the 1. Whentofileandconductofhearing A.OriginalCases
assignment of errors, or closely related to or dependent on an
At any time after the appeal from the lower court has been 1. WhataretheoriginalcasesintheSC
assigned error and properly argued in the brief, save as
the
court
perfected and before the Court of Appeals loses jurisdiction
maypassuponplainerrorsandclericalerrors. a. petitionsforcertiorari,
overthecase;
6. Promulgationandnotice,entryandexecutionofjudgment b. prohibition,
Ground:N
ewlydiscoveredevidenceONLY.
In original actions in the CA, its writ of execution shall be c. mandamus,
2. Whentoresolve
accompanied by a certified true copy of the entry of judgment
or
final resolution and addressed to any appropriate officer for its Withinninety(90)daysfromthedatewhenthecourtdeclares d. quowarranto,
enforcement. itsubmittedforresolution. e. habeascorpus,
In
appealed cases, where the
motion for execution pending appeal 3. Procedureinnewtrial,sameaswithRTC f. disciplinary
proceedings
against
members
of
the
judiciary and
is filed in the CA at a time that it is in
possession
of
the
original attorneys,and
record or the record on appeal, the resolution granting such motion RULE54InternalBusiness g. cases affecting ambassadors, other public ministers and
shall be transmitted to the lower court from which the case
consuls.
originated, together with a certified true copy of the judgment or 1. Quorumofthecourt
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 59of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 60of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 61of232
owed by
such
stranger
to
the defendant. Such stranger is called
as
much as
the
sum
for
which
the
order is granted above all (c) The
laborer's wages shall
not be subject to attachment
thegarnishee.
legalcounterclaims. except for debts incurred for food, shelters, clothing
andmedicalattendance. Obligation of Garnishee — By means of the citation the
The affidavit, and the bond required by the next succeeding section,
mustb edulyf iledwiththecourtb eforetheorderissues.
stranger becomes a forced intervenor required to pay his debt
(3) Preference of Preliminary Attachment to Lis Pendens. not to his former creditor, but to
the
new
creditor,
who
is
the
Preference is given to a duly-registered attachment over a creditor in
the
main litigation.
The garnishee has no choice but
NOTE
subsequent notice of
lis
pendens, even
if
the beneficiary of the toobeythegarnishment.
(1) RequisitesforIssuanceofWritMayBeIssuedExParte. notice acquired the subject property before the
registration of
the
attachment. Under the torrens system, the auction sale of an It
is
a settled rule
that upon service of the writ of garnishment,
(a) Affidavit; the garnishee becomes a
“virtual
party” or
“forced intervenor”
attachedrealtyretroactstothedatethelevywasregistered.
(b) Bondofapplicant. to the case and the
trial court
thereby acquires jurisdiction to
(4) How levy on personal property made. To constitute
a valid bind the garnishee to comply with its orders and processes.
levy of an attachment, the officer levying it
must
take
actual
(BPIv.Lee,GRNo190144,01Aug2012)
Section5.Mannerofattachingproperty.—xxxx possessionofthepropertyattachedasfarasxxxpracticable.
(7) Property levied and attached pursuant to a writ of
The requirement of prior or contemporaneous service of summons shall
(5) Attachment—Howdone attachment annotated in the books of the Register of
notapplywhere
Deeds
is
in custodia legis. Consequently a writ of possession
1. the summons could not be served personally or by (a) Realproperty—thrutherecordsintheRD; issued by another court in favor of a third party, such as a
substitutedservicedespitediligentefforts,or purchaser in foreclosure under Act 3135 is null and void
(b) Personal property — by taking and keeping it in
the because it interferes with the jurisdiction of a coordinate and
2. the defendant is a resident of the Philippines temporarily
custodyofthesheriff; co-equalcourt.
absenttherefrom,or
3. thedefendantisanon-residentofthePhilippines,or (c) Stocks or shares — by
leaving
the
writ
of
attachment (8) ContinuityofAttachment.Anattachmentliencontinuesuntil
withthepresidentormanagingagentthereof;
4. theactionisoneinremorquasiinrem. (a) thedebtispaid,or
(d) Debts and
credits
— by
leaving
the
writ
to the person (b) saleishadunderexecutionissuedonthejudgmentor
NOTES in possession of said credit with notice of its
(c) judgmentissatisfied,or
(1) Counterbond. A counterbond equal to the value of the property attachment.
is sufficient to prevent the levy, it must however be made (d) theattachmentdischargedorvacated.
If
property is
in
custodia
legis, a copy of the writ of attachment
priortothereturnotherwisethesherifflosesauthority. (9) Attachment is in the nature of a proceeding in rem. It is
shall be filed with the proper court, and the notice of
Several writs may be issued at the same time by the court attachment shall also be served upon the custodian of such against the particular property. The attaching creditor thereby
addressedtoSheriffsofthecourtsofdifferentjudicialregions. property. acquires specific
lien
upon
the
attached property which ripens
intoajudgmentagainstther esw hentheorderofsaleismade.
(2) Propertieswhichcannotbeattached.
Attachment of salary. This is
allowed, but
only at
the
end of (10) The lien obtained by attachment stands upon as high
(a) Thosestatutorilyexemptfromattachment; the month or on a pay day, as prior thereto, the same is not equitable grounds as a mortgage lien.
The
lien
or
security
consideredduetothedebtor. obtained by an
attachment even before judgment, is a fixed and
(b) Title is not in the name of defendant (unless it is
shownthathehasbeneficialinterestinproperty); positive security, a specific lien,
and,
although whether it
will
(6) Garnishment. A species of attachment by means of which
ever be made available to the creditor depends on
plaintiff seeks to subject his claim over the property of the
contingencies, its existence is in no way contingent,
defendant in
the
hands of
a stranger
to
the
litigation
or
money
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 62of232
conditioned or
inchoate.
It
is
a vested
interest, an actual and office seizes a stranger's property, the rules
do
not
apply
and
(b) Thebondisinsufficient;
substantialsecurity. interference with his custody is not interference with
(c) If the attachment is excessive, the discharge shall be anothercourt'sorderofattachment.
(11) Sequestration is defined as the process, which may be
limitedtotheexcess;
employed as a conservatory writ whenever the right of the (2) Sale and Attachment of Properties of Third Person Null
property is involved, to preserve, pending litigation, specific (d) Propertyattachedisexemptfromexecution; and Void. The sale of the disputed properties at the public
property subject to conflicting claims of ownership or liens (e) Attachingcreditorlostthecase. auction, in satisfaction of a judgment of
a co-equal
court does
and privileges. Sequestration, freezing and provisional takeover not render the
case
moot and academic. The undeviating ruling
are akin to the provisional remedy
of
preliminary attachment (3) Garnishmentordermaybelifted.I fitisestablished: in such cases is that attachment and sale of properties
orreceivership. (a) that
the
party
whose
accounts has been
garnished has belonging to a third person is void because such properties
posted a counterbond or has made the requisite cannot be
attached and sold at
public auction judgment against
(12) Effect of Attachment or Garnishment. There
will be
forced thejudgmentdebtor.
deposit;
novation and the applicant will be substituted to
the
right of
the debtor over the property or money being attached. The (b) the
order was improperly or
irregularly issued, as NOTESONSATISFACTIONOFJUDGMENT
garnishee shall hold the money for the applicant until judgment there is
no
ground
for
garnishment or
affidavit
and or
(1) HowJudgmentissatisfied.AJudgmentissatisfiedby:
isrendered. bondfiledthereforaredefectiveorinsufficient.
(a) Paymentofproceedsofsaleofperishableproperty.
If
what
is attached is the interest of the debtor over the estate of (4) Burden of Proof. Where, however, a petition to dissolve is
applied for, the attaching creditor must prove that the (b) Saleofpropertyifthereisabalance.
his deceased predecessor, the power of the administrator or
executorisnotimpaired. attachment was not irregularly issued. He should prove his (c) Collection of property of garnishee without need of
allegationoffraud.Theremustbenoticeofmotiontolift. prior
permission to
file action, but may be enforced in
Section 11. When attached property may be sold after levy on (5) Necessity of Hearing of Motion to Discharge. When the sameaction.
attachment and before entry of judgment. — Whenever it shall b e made attachment is challenged for having been illegally or (d) Return must be made within ten (10) days from
toappeartothecourt improperly issued,
there
must
be
a hearing
with
the
burden of receiptofwrit.
a) thatthepropertyattachedisp
erishable,or prooftosustainthewritbeingontheattachingcreditor.
b) that the interests of all the parties to the action w ill be Section 17.
Recovery upon the counter-bond. — When the judgment h as
NOTESONTHIRD-PARTYCLAIM
subservedbythes alethereof, become executory, the surety or sureties on any counter-bond given
the court may order such property to b e sold at public auction, and the (1) Authority of Another Court to Issue Writ of Attachment pursuant to the provisions of this Rule to secure the payment of the
Over Property Attached. In
Esteban Uy v.
CA, the
main
issue judgment shall b ecome charged on such counter-bond and b ound to pay
proceeds of such sale to b e deposited in court to abide the judgment in
is whether or not properties levied and seized by virtue of
a the judgment obligee u pon demand the amount due u nder the
theaction.
writ of
attachment and
later
by a writ
of execution, were under judgment, which amount may b e recovered f rom such surety or sureties
NOTESONDISCHARGE custodia legis and therefore not subject to the jurisdiction of afternoticeandsummaryhearinginthesameaction.
another co-equal court where a third-party claimant claimed
(1) Bond for issuance of writ
vs.
bond for
lifting
of writs. The NOTESONRECOVERY
ownershipofthesameproperties.
first
is
for
damages by
reason of the issuance of the writ (Sec.
While it
is true
that
property in custody of
the
law may not be (1) Requisites for recovery upon counter-bond: To recover upon
4) while the second is to secure the payment of the
interfered with, without the permission of the proper court, counter-bond,thefollowingrequisitesmustbepresent:
judgmenttoberecovered(Secs.5and12).
this
rule is confined to cases where the property belongs to the 1. The creditor demands upon the surety for satisfaction
of
(2) DischargeofAttachmentonothergrounds
defendant or one in which the defendant has proprietary thejudgment.
(a) Itwasimproperlyorirregularlyissuedorenforced; interests. But when the Sheriff, acting beyond the bounds of his
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 63of232
2. The surety be given notice and a summary hearing in Nothing h erein contained shall prevent the party against whom the 3. Where a writ of attachment was declared illegal,
the same action as to his
liability
for
judgment
under
the attachment was issued f rom recovering in the same action the damages the
defendant against whom it was issued may file his
counterbond. awarded to h im f rom any property of the attaching party not exempt claim for damages in the CA
before the
latter
decides
from execution should the b ond or deposit given by the latter b e the
appeal on
the merits. The CA must hear the motion
a. The Bondsmen are not liable on the bond when the
insufficientorfailtof ullysatisfytheaward. and not dismiss the appeal for not filing appellants'
obligation assumed is premised upon the issuance of a
briefwhosedefermentwasrequested.
writ of attachment by
a court
which was not
actually
NOTESONCLAIMFORDAMAGES
issued. (4) The final reckoning is when "the court shall finally adjudge
(1) Remedy is Exclusive. The foregoing remedy has
been
said
to that
the
attachment
creditor was not
entitled
to the issuance of
b. The motion by the surety to quash the writ of
be exclusive such that no claim for recovery of damages may be theattachmentwritinthefirstplace."
executionissufficientnotice.
filedafterthejudgmenthasbecomefinalandexecutory.
(5) Requisites for application for damages: As laid down in
c. After demand, the
amount may be
recovered from the
(2) Requisites. To
claim
for damages upon the bond, the following MalayanInsurancev.Salas:
surety in the same action. There is no need for a
requisitesmustbepresent:
separateaction. a. That the defendant-claimant has secured a favorable
1. There must be an application before the trial court judgment in the main action — (plaintiff has no
d. The rule of exclusion cannot be invoked by a
either
by motion or counterclaim with notice to surety causeofaction);
bondsman of a counterbond against an attachment
who must be given opportunity to present such
writ where there is already a final and executory b. That the application for damages showing claimant's
defense as he may have with the principal and to
judgment sentencing the bondsman as solidarity liable right thereto and the amount thereof, be filed in the
cross-examinewitnessesifhesodesires.
proindiviso. same action before trial or
before
appeal is perfected
2. A judgment for the defendant is tantamount to a orbeforethejudgmentbecomesexecutory;
e. The bond answers for the judgment even if not
declaration that plaintiff has no cause of action and,
expressly
stipulated. The law under which this bond is c. That due notice be given to the other party and his
therefore not entitled to attachment. The phrase "not
issuedshallbeconsideredaspartofthebond. surety or sureties, notice to the principal not being
entitled
thereto" means no cause of action, no fraud, or
sufficient;and
hasothersecurity.
Section 20. Claim for damages on account of improper, irregular or d. That there should be a proper hearing
and
the
award
excessive attachment. — An application for damages on account of 3. Damages must be awarded before
judgment
becomes
fordamagesshouldbeincludedinthefinaljudgment.
improper, irregular or excessive attachment must b e f iled b efore the final.
trial or b efore appeal is perfected or b efore the judgment b ecomes e. Exception Where defendant seasonably files his
4. Claims for
damages against
the
bond must be
filed in
executory, with due notice to the attaching party and h is surety or application for damages in
the
CA
it
was not his
fault
the
same action which issued the writ of attachment.
sureties setting forth the facts showing h is right to damages and the that the damages claimed by him against the surety,
Otherwise,itisbarred.
amount thereof. Such damages may
be
awarded only after
proper
hearing were not included in
the
judgment of the
CA affirming
andshallbeincludedinthejudgmentonthemaincase. (3) Exceptions to
the
rule
that
claim must be filed in the same the trial court's award of damages payable by the
If the judgment of the appellate court b e favorable to the party against case: principalinthereplevinbond.
whom the attachment was issued he must c laim damages s ustained 1. Where the
principal case was dismissed for lack of (6) Favorable Judgment against whom attachment issued
during the pendency of the appeal by f iling an application in the jurisdiction and no claim for damages could have NOT Required. A party against whom an attachment was
appellate court, with notice to the party in whose favor the attachment
beenpresentedinthesaidcase. issued may apply for damages under the rule, it is not
was issued or h is surety or sureties, before the j udgment of the
2. A separate case for damages resulting from the necessarythatthejudgmentisfavorabletohim.
appellate court becomes executory. The appellate court may allow the
applicationtob eh eardanddecidedbythetrialcourt. attachmentmaybeconsolidatedifitiss tillpending. (7) To hold
a surety
on
a counterbond
liable
what
is
entailed
is:
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 64of232
(a) the filing of an application therefor with the Court g. The damages — against
the
bond
includes
exemplary 2. Prohibition is directed to a court,
commanding it
to
havingjurisdictionoftheaction; damagesandattorney'sfees. cease from
exercising a jurisdiction to
which it has no
legalclaim.
(b) the presentation thereof before the judgment (9) When Damages may be granted for issuance of writ of
becomes executory (or before the trial or before appeal preliminary attachment. Actual or compensatory damages 3. Mandamus is a remedial writ to redress past
isperfected); may be recovered for wrongful, though not malicious, grievances.
attachment. Lazatin also held that attorney's fees may be
(c) the
statement in said application of the facts showing (3) Distinguished from TRO. Injunction is a judicial writ,
recoveredunderArticle2208oftheCivilCode.
the applicant's right to damages and the amount process or proceeding whereby a party is ordered to do or
thereof; refrain from doing a certain
act.
It
may
be
the
main
action
or
RULE58PreliminaryInjunction merely a provisional remedy for and as an incident in the main
(d) the giving of due notice of the application to the
action.
attachingcreditorandhissuretyorsureties;and
Section 1. Preliminary injunction defined; classes. — A preliminary A restraining order, on the
other
hand, is
issued
to
preserve
(e) the holding of a proper hearing at which the injunction is an order granted at any stage of an action or proceeding the status quo until the hearing of the application for
attaching creditor and the sureties may be heard on the prior to the judgment or f inal order, requiring a party or a court, agency preliminaryinjunctionwhichcannotbeissuede xparte.
application. or a person to refrain f rom a particular act or acts. It may also require the
performance of a particular act or acts, in which case it shall b e known as (4) Purpose. In order to preserve and protect certain rights and
AppliesalsoincasesunderRules58,59and60.
apreliminarymandatoryinjunction. interests during the pendency of an action. It is issued to
(8) MeasureofDamages preserve the status quo ante, the last actual, peaceful, and
a. It
is not the value of property attached but the extent of NOTES uncontestedstatusthatprecededtheactualcontroversy.
actualdamagesthatisthemeasureofdamages. (1) Kinds. 1. Prohibitory — commands
a party
to
refrain
from
a (5) The doctrine of non-jurisdiction is limited merely to
b. If
the
property
levied upon
remained in possession of particularact. injunctive or
prohibitory writs. The jurisdiction or authority
defendant, depreciation, deterioration or damage 2.
Mandatory — commands the performance of some positive of
the
regional trial
courts to
control or
restrain acts by means
must be borne by him and cannot be charged to the acttocorrectawronginthepast. of
the
writ
of
injunction is
limited only to acts which are being
plaintiff. committed within the
territorial boundaries of
their respective
What are the
requisites
for
the
issuance
of
a preliminary
regions except where the sole issue is the legality of the
c. Attorney's fees for service rendered in securing the MANDATORYinjunction?
decisionoftheadministrativeofficials.
releaseofthepropertyc annotbeallowed.
a) Theinvasiono
ftherightismaterialandsubstantial;
(6) Where the sole issue
in
court is the legality of the decision
d. Surety is not answerable for all costs and damages
b) The right of the complainant is clear and of administrative officials, the power of judicial review
adjudged against its principal in excess of that
unmistakable; should not be confined to the RTC of the locality where the
adjudgedinthedecision.
offices of respondents are maintained, to the exclusion of
the
c) There is
an
urgent
and
paramount
necessity
for
the
e. Even if in good faith liability for damages
is
there.
If RTCs in
those localities where
the plaintiffs reside,
and
where
writtopreventseriousdamage;
thereisbadfaithm oraldamagesmaybeawarded. thequestioneddecisionsarebeingenforced.
d) The effect would not be to create a new relation
f. In order that moral damages may be recovered in (7) Power Exists Even if Person Who Issued Order Holds Office
between the parties which was arbitrarily interrupted
connection with the writ of attachment under Outside of Court's
Jurisdiction. On the
other
hand, where the
bythedefendant.
consideration, malice is an essential ingredient principal office of the corporation is within the court's
thereof. However, malice or lack of good faith is not an (2) DistinguishedfromProhibitionandMandamus territorial jurisdiction, the writ may issue even if the act sought
elementofrecoveryonthebond. toberestrainedistobecarriedoutsideofitsjurisdiction.
1. Injunctionisdirectedonlytothepartieslitigant,etc.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 65of232
(8) Injunctions to Restrain Extrajudicial Foreclosure Involving requiring the performance of an act or acts either for a limited (4) An injunction to stay a final and executory decision is
Several Parcels Located in Different Provinces. Separate periodorperpetually; unavailing except only after a showing that facts and
injunction suits
may be
filed
without violating
the rule against (b) That the commission, continuance or non-performance of the act circumstances exist which would render execution unjust or
forum shopping since injunction is enforceable only within the or acts complained of during the litigation would probably inequitable, or that a change in the situation of the parties
territoriallimitsofthetrialcourt. workinjusticetotheapplicant;or occurred.(C
OCLAIv.CA)
(9) Authority of
Any
Member of
the
Court
to Issue a TRO. Only (c) That a party, court, agency or a person is doing, threatening, or is (5) Clear Legal Right.
Means one clearly founded in or granted by
incaseofextremeurgency. attempting to do, or is procuring or suffering to b e done some law or is enforceable as a matter of law. In its absence, the
act or acts probably in violation of the rights of the applicant issuanceofthewritconstitutesgraveabuseofdiscretion.
(10) JurisdictionalRulesonInjunction
respecting the subject of the action or proceeding, and tending
Petitioner's rights under the MOA have already been declared
(a) SC
can
issue
WPI
on
cases
appealed before it or in original torenderthejudgmentineffectual.
inferior or inexistent in
relation to
respondent in the RTC case,
actionscommencedtherein;
NOTES under a judgment that has become final and executory. At
the
(b) CA can now issue WPI even if it is not in aid of its appellate very least, their rights
under the MOA are
precisely disputed
jurisdiction; (1) EssentialRequisites.— by respondent. Where the complainant’s right or title is
(c) RTC can
issue WPI
in cases pending before
it
and those in (a) First: That
the
petitioner
applicant
must a clear
have doubtful or disputed, injunction is not proper. (Australian
Professional Realty, Inc. v. Municipality of Padre Garcia,
lower courts under its territorial jurisdiction. It now has andunmistakableright;rightinesse
thepowertoissueWPIwithinthejudicialregion; Batangas,G.R.No.183367,14March2012)
a material
(b) Second: That there is and
substantial
(d) RTC cannot issue WPI against DOLE, SSS, SEC, Patent (6) There Must Be Showing of Irreparable Injury. A writ of
invasionofsuchright; injunction should never issue when an action for damages
Office,Comelec,astheremedyliesineithertheCAorSC.
(c) Third: That there is an urgent and permanent wouldadequatelycompensatetheinjuriescaused.
This is
an
example
wherein the
court has jurisdiction over
necessity for the writ to prevent serious and (7) Injury is irreparable where there is no standard by which
thesubjectmatterofthecase,butnotovertheremedy.
irreparabledamage. their amount can be measured with reasonable accuracy,
that
(e) Formerly, the
municipal courts
could
originally
grant
WPI is, it is not susceptible of mathematical computation. It has
(2) Issuance of injunction to be avoided
to dispose of
merits.
only in forcible
entry
cases
but
NOT
in
unlawful
detainer been held that an injury is irreparable where it
is
continuous
The prevailing rule is that courts
should
avoid
issuing a WPI
cases. and repeated since from its constant and frequent recurrence,
whichwouldineffectdisposeofthemaincasewithouttrial.
However, the RTC may grant WPI in unlawful detainer no
fair and reasonable redress can be had therefor by petitioner
(3) Fait
accompli. An injunction suit becomes moot and academic insofar as his goodwill and business reputation as sole
cases appealed before it where the appeal appears to be
after the act sought to be enjoined had already been distributorareconcerned.
frivolousordilatory.
consummated.
(f) No injunction can be issued by the courts except the SC, Foreclosure of mortgaged property is NOT an irreparable
However, even if
the
act
had
already been committed, but such damage that will merit for the debtor-mortgagor the
that would adversely affect the expeditious
acts are continuing in nature and were in derogation of extraordinary provisional remedy of preliminary injunction.
implementationofgovernmentprojects.
plaintiff’s rights, preliminary mandatory injunction may be (Solid Builders,
Inc.
v.
China
Banking,
G.R.
No.
179665, 03
Apr
availed of
to
restore the
parties
to
the status
quo. (Dayrit v. De 2013)
Section 3. Grounds for issuance of preliminary injunction. — A
losSantos,18Phil275)Applicablein:
preliminaryinjunctionmayb egrantedwhenitisestablished: (8) Nature of
Evidence. While the evidence to be submitted at the
a) Forcibleentrycases; hearing on the motion for preliminary injunction need
not
be
(a) That the applicant is entitled to the relief demanded, and the
b) Reconnection of
electricity
if
the
act
is
assailed
in the conclusive and complete, there must be a showing, at least
whole or part of such relief consists in restraining the
maincase. tentatively of irreparable injury. While
merely a s
ampling of
commission or continuance of the act or acts complained of, or in
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 66of232
the
evidence
is
required,
such
evidence must, however, rest on
EXC: inaclearcaseofabuse. (d) Government Financing Institutions. Prohibition to
solidgroundsandnotonmerehearsayorunfoundedfears.
issue injunction against any government financing
(12) Since
injunction the strong
is arm
of
equity, he who must
The Rules provide that
a TRO may be issued not only based on institution in any action taken by such institution in
applyforitmustcomewithequityorwithcleanhands.
affidavit, but
also based simply on the verified application and connection with the mandatory foreclosure where
its
supporting documents, provided there is notice and hearing. (13) Injunction Against Courts or Tribunals of Co-Equal Rank arrears amount to at least 20% of the total outstanding
(Sps Crisologo v.
Judge Omelio, A.M. No. RTJ-12-232, 3 October Prohibited. Under
the doctrine of separation of powers, courts obligations including interest and other charges as
2012) have no jurisdiction to restrain Congress from performing its appearing in the book of accounts and/or related
constitutionally vested function to conduct investigations in recordsofthefinancialinstitutionsconcerned.
(9) Mandatory injunction NOT to be issued ex parte;
aid
of
legislation and from requiring respondent to
appear and
exceptions. A writ of preliminary mandatory injunction does (e) Agrarian Reform. No court in the Philippines shall
testifybeforeit.
more than to maintain the status quo and should not issue have jurisdiction
to
issue any restraining order or writ
withouthearingE XCEPT: As a rule, a court cannot issue an injunctive writ against the of preliminary injunction against PARC or any of its
decision of a co-equal court.
However, if the property of a third duly authorized or designated agencies in any case,
(a) incasesofextremeurgency;
person was erroneously levied on execution pursuant to the dispute or controversy arising from, necessary to,
or
(b) wheretherightisclear; decision of a court, and the third party files an independent in connection with the application, implementation,
(c) where considerations of relative inconvenience bear action or
terceria to
recover his
property in
another court, the enforcement, or interpretation of this Act and other
stronglyincomplainant'sfavor; said court may issue a writ of injunction to prevent the sale pertinentlawsonagrarianreform.
which was intended to satisfy the judgment of
the
first
court.
(d) where there is a willful and unlawful invasion of (f) AssetsPrivatizationTrust.
(Abierav.CA,GRNoL-26294,31May1972)
plaintiff'srightagainsthisprotestandremonstrance; EXC( fora-f):
(14) InjunctionI MPROPER:
(e) theinjurybeingacontinuingone; (i) A court should issue a WPI only when the
(a) Labor Disputes. It is the NLRC that issues an
(f) and the effect is to re-establish and maintain a petitioner assailing a statute or
injunctioninlabordisputes.
pre-existing relationship recently and arbitrarily administrative order has made out a case of
interrupted by defendant rather than to establish a (b) Disposition of Natural Resources. Prohibition of unconstitutionality.
newrelation. Injunction involving Concessions, licenses and other
(g) CollectionofTaxes.
permits issued by public administrative office or
(10) GR: A court should NOT, by means of a preliminary bodiesfortheexploitationofnaturalresources. EXC:
injunction, transfer property in litigation
from
the possession
(c) Infrastructure and Public Utilities. The (i) Where there are special circumstances that
ofonepartytoanother.
prohibitions under
PD 605 and PD 1818 pertain to the bear the existence of irreparable injury. CTA
EXC: When there is a clear finding of ownership and issuance of injunction or restraining order by courts has exclusive jurisdiction to issue in proper
possession of the land or
unless the
subject property against administrative acts
in
controversies involving cases,aWPI.
is covered by a torrens title pointing to one of the facts or the exercise of discretion in technical cases. (h) RestrainCriminalProsecution.
parties as
the
undisputed owner. (Cagayan de Oro City However, on issues definitely outside of their
Landless Residents Assoc.
Inc.
v. CA, G.R. No. 106043, 4 dimension and involving questions of law, like EXC:
March1996) non-compliance with the rules on bidding, courts (i) To afford adequate protection to the
(11) GR: Grant or denial of an injunction rests on the sound should not be prevented by PD 605 from exercising constitutionalrightsoftheaccused.
discretion of the lower court in the exercise of
which the
SC theirpowertorestrainorprohibitadministrativeacts.
willnotintervene
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 67of232
(ii) When necessary for the orderly (16) The complaint must be verified. Absence of verification makes 2. the adverse party is a resident of the Philippines
administration of justice or to avoid an application or petition for preliminary injunction patently temporarily absent therefrom or is a non-resident
oppressionormultiplicityoractions; insufficientbothinformandsubstance. thereof;
(iii) Whenthereisap
rejudicialquestion; (17) GR: No preliminary injunction shall be granted without (e) Application for TRO shall thereafter be acted upon only
hearing and prior notice to the party or person sought to be after all parties are heard in a summary hearing
which
(iv) When
the
acts of the officer are without or in
enjoined. shall be conducted within 24 hours after the sheriff's
excessofauthority;
returnofserviceand/ortherecordsarereceived;
(v) Where the prosecution is under an invalid EXC: I f
it
shall
appear from facts shown
by affidavits or
by
the verified application that great or irreparable (f) Within the aforesaid 72 hours, a summary hearing is
law,ordinanceorregulation
injury would
result to
the
applicant before the matter conducted to determine whether the TRO shall be extended
(vi) Whendoublejeopardyisclearlyapparent; until the application for preliminary injunction can be
can be heard on notice, the court may issue a TRO
(vii) Where
the court
has
no jurisdiction over the effective for 20 days from service on the party or heard; In no case shall the
period
of
effectivity
exceed
20
offense; personsoughttobeenjoined. days;
(viii) Where
it
is
a case
of persecution rather than (18) Procedureinamulti-salacourt. (g) Determination within 20
days
from
service
of the
TRO on
prosecution; the party sought to be enjoined whether a preliminary
(a) Verified
application and bond for preliminary injunction or injunctionshallissueornot;
(ix) Where the charges are manifestly false
and TRO;
motivatedbythelustforvengeance; (h) The
effectivity of
a TRO is NOT extendible without need of
(b) Determination that great or irreparable injury would any judicial declaration to that effect and no court shall
(x) When there is clearly no prima facie case result to the applicant before the matter can be heard
on have authority to extend or renew the same on the same
against the
accused and a motion to quash on notice; ground for
which it
was
issued. Another restraining order
thatgroundhasbeendenied;and may, therefore, be issued provided it is not based on the
(c) If the matter is extreme
of urgency and the applicant
(xi) Preliminary injunction has been issued by the will suffer grave injustice and irreparable injury, the sameground.
Supreme Court to prevent the threatened executive judge of a multiple-sala court or the presiding However, the
period
of
effectivity
in
CA
is 60 days, while
unlawfularrestofpetitioners. judge of a single-sala court may issue ex parte a TRO intheSC,untilfurtherorders.
(i) Against Ombudsman to Delay Investigation. Under effectiveforonly7 2hoursfromissuance;
(19) Temporary Restraining Orders. Is generally granted without
Section 14 of Republic Act No. 6770: No writ of (d) The case shall be raffled only after notice to and in the notice to the
opposite party, and is intended only as a restraint
injunction shall be issued by any court to delay an presence of
the
adverse party
or the person to be enjoined. on him until the propriety of granting a temporary injunction
investigation being conducted by the Ombudsman Such notice shall be preceded, or contemporaneously can be determined, and it
goes
no further than to
preserve the
under this act,
unless
there is
a prima
facie evidence accompanied, by service of summons, together with a status quo until that determination. Its
issuance is
IMPROPER
that the subject matter of the
investigation is outside copy of the complaint or initiatory pleading and the totransferpossession.
thejurisdictionoftheofficeoftheOmbudsman. applicant's affidavit and bond, upon the adverse party in
the Philippines. However, the requirement of prior or (20) Lifetime of
Preliminary Injunction. A preliminary injunction
(15) GR: FilingofnecessarybondMANDATORY. contemporaneousserviceofsummonsshallN OTa pply: issued in an action to enforce a contract, which prohibits an
EXC: Unlessexempted. employee from working in a competing enterprise within
two
1. where the summons could not be served personally or
years from resignation, has the same lifetime as the prohibition
bysubstitutedservicedespitediligentefforts,or
— two years also. Therefore, upon the expiration of the said
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 68of232
period, a suit questioning the validity of the issuance of the continuance thereof, as the case may be, would cause
dissipated or materially injured, and that its value is probably
writbecomesf unctusofficioandthereforemoot. irreparable damage to the party or person enjoined while
the insufficient to discharge the mortgage debt, or that the parties
applicant can be fully compensated for such damages as he havesostipulatedinthecontractofmortgage;
NOTESONOBJECTINGORDISSOLVINGWPI
maysuffer.
(1) GroundsforObjectionorDissolutionofInjunctionorTRO (c) After judgment, to preserve the property during the
(a) Under the Central Bank Act. Upon filing of a bond by pendency of an appeal, or to dispose of it according to the
(a) Uponshowingofthei nsufficiencyofthecomplaint; the BSP, the court is under obligation to
dissolve
the judgment, or to aid execution when the execution h as b een
(b) Bya
ffidavito
fthepartyenjoined; injunction once the counterbond in the required returned u nsatisfied or the judgment obligor refuses to apply
amountisposted.
his property in satisfaction of the judgment, or otherwise to
e.g. when the bond posted by the applicant is carrythejudgmentintoeffect;
insufficientorineffective. FINALNOTES
(d) In other cases where the appointment of a receiver is the most
(c) If
it
appears after hearing that although the applicant is (1) Need For Application in Same Case. In order that the convenient and feasible means of preserving,
entitledtothePIorTRO,theissuancethereof judgment should include the damages against the party and administering, or disposing of the property in
sureties it must be applied for in the same case before litigation.
(i) Would cause irreparable
damage
to
the
party
judgmentbecomesexecutory,otherwise,itisbarredforever.
enjoined During the pendency of an appeal, the appellate court may allow an
(2) Limit of Recovery. Recovery of damages is limited to the application for the appointment of a receiver to b e f iled in and decided by
(ii) While the
applicant
can be fully compensated
amountofthebond. the court of origin and the receiver appointed to b e subject to the control
forsuchdamagesashemaysuffer;and
ofsaidcourt.
(iii) The enjoined party files a counterbond to (3) Penalty for Refusal to Comply. Under Section 1, Rule 71, if the
answer for whatever damage the applicant contempt consists in the violation of a writ of injunction, NOTES
may suffer as a result of the dissolution of the temporary restraining order or status quo order, he may also be
ordered to
make complete restitution to
the
party injured by (1) Concept of a Receiver. A receiver is a person appointed by
injunction.
such violation of
the property involved or such amount as may the court in behalf of all the parties to the action for the
(2) Summary Denial Without Adequate Hearing Improper. purpose of preserving and conserving the property in litigation
beallegedandproved.
Courts should not just summarily issue an order of denial and preventing its possible destruction or dissipation, if it
without an adequate hearing and judicious evaluation of the wereleftinthepossessionofanyoftheparties.
meritsoftheapplication. RULE59Receivership
GR: either party to a litigation
N should
be
appointed
as
a
(3) When Summary Denial Allowed. If the ground is the
receiverwithouttheother'sconsent.
Section 1. Appointment of receiver. — Upon a verified application, one
insufficiency of the complaint, the same is apparent from the
or more receivers of the property subject of the action or proceeding Under Article
101 of the Family Code, if a spouse without just
complaintitself.
may b e appointed by the court where the action is pending or by the CA cause abandons the other or fails to comply with his or her
(4) Necessity of Hearing. If there is a prima facie showing that orbytheSCt,oramemberthereof,inthefollowingcases: obligations to
the family, the aggrieved spouse may petition the
preliminary injunction is proper, a hearing should be courtforreceivership.
(a) When the applicant h as an interest in the property or f und
conducted, since under such circumstance, only in cases of
which is the subject of the action or proceeding, and that such Under Section 41, Rule 39 on Execution of Judgments, the
extremeurgencywillthewritissuepriortoafinalhearing.
property
or
fund
is
in danger of being lost, removed, or judge
may,
by
order,
appoint the sheriff
or
other proper
officer
(5) The Mere Filing of Counterbond does NOT Necessarily materially injured unless a receiver b e appointed to orpersons,receiverofthepropertyofthejudgmentdebtor.
Warrant Dissolution. The preliminary injunction may be administerandpreserveit;
(2) Requisites.Whentheapplicanthas:
dissolved, if
it
appears after hearing that although the applicant (b) When in an action
by
the mortgagee for the foreclosure of a
is
entitled
to
the injunction or restraining order, the issuance or mortgage that the property is in danger of being wasted or 1. anactualinterestinit;and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 69of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 70of232
— May b e punished for contempt and shall b e liable to the receiver for Maybecausedbeforethe Canbeaskedonlyifthe Evenifthepersonalpropertyisin
the money or the value of the property and other things s o refused or receiverqualifiesortakes defendantisinactual thecustodyofathirdperson
neglected to b e surrendered, together with all damages that may h ave possessionoftheproperty possessionofthesubject
been sustained by the party or parties entitled thereto as a consequence property
ofsuchrefusalorneglect. liabilityrestsonstatute restsonthenegligenceor
misconductofthereceiver Extendsonlytopersonal AppliestoANYproperty,whether
propertycapableofmanual real,personalorincorporeal
Section 8. Termination of receivership; compensation of receiver. — thepersonobtainingthe personobtainingthe delivery
Whenever the court, motu proprio or on motion of either party, shall appointmentofthereceiveris appointmentisnotresponsible
determinethatthenecessityforareceivernolongerexists,itshall, responsibleforthedamages inanyevent Canbeavailedofevenifthe Presupposesthatthesubject
(a) afterd
uenoticetoallinterestedpartiesandh
earing, propertyisnotbeingconcealed, propertyisconcealedordisposed
removedordisposedof oftopreventitsbeingfound
(b) settletheaccountsofthereceiver,
RULE60Replevin
(c) direct the delivery of the funds and other property in his (2) WhoMayAvailofRemedy.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 71of232
effort
at
vindication may
take
the
form
of a separate
action for
thereof; (5) Rule deemed written into bond. The failure of the replevin
recovery of
the
property,
or
intervention in the
replevin action
bond to state expressly
that
it
was
"conditioned for
the
return
(b) That
the is wrongfully detained by the adverse
property itself.
of the property to the defendant, if the return thereof be
party,
alleging the cause of detention thereof according to the
adjudged." is not fatal to the validity of the replevin (11) Requisites for Recovery on replevin bond. To allow recovery
bestofhisknowledge,information,andbelief;
bond.NOTES against the replevin bond, the following requisites must be
(c) That the property has not been distrained or taken
present:
(6) Remedy for Return of Seized Property. If a defendant in a
for a tax assessment or a fine pursuant to law, or
replevin case wants to have the property returned to him,
he 1. Application showing right to damage. Must be made
seized under
a writ
of
execution
or
preliminary attachment,
must within five days from the date the Sheriff took before judgment is executory; if there is an appeal, the
or otherwise placed under custodia legis, or if so seized, that
possessionoftheproperty: application may
be
made in
the
appellate court before
the
itisexemptfromsuchseizureorcustody;and
judgment of appellate the court becomes final and
(a) putupabondindoublethevalueofthechattel;and
(d) Theactualmarketvalueoftheproperty. executory.
(b) furnishtheplaintiffwithacopyoftheundertaking.OR
The applicant must also give a bond, executed to the adverse party in 2. Noticeg iventoplaintiffandhissurety.
double the value of the property as stated in the affidavit (c) object to the sufficiency of
the
bond,
without
need
of
3. There must be a hearing in case recovery is opposed.
aforementioned, for the return of the property to the adverse party if filingacounterbond.
EXC: Where by the terms of the contract, the surety has
such return b e adjudged, and for the payment to the adverse party of
(7) Motion to dissolve or discharge writ not
allowed. The law promisedtoabidebythejudgmentagainsttheprincipal.
suchsumash emayrecoverf romtheapplicantintheaction.
does not allow the defendant to file a motion to dissolve or
4. Award for damages must
be
included
in
judgment
of
the
discharge the
writ
of
seizure
(or
delivery) — on
the ground of
NOTES court.
insufficiency of the complaint or of the grounds relied upon
(1) Statement of the actual value
is
REQUIRED
because
the
actual therefor, as in proceedings on preliminary attachment or It was pointed out in Maningo v. CA that an action for
valuewillbethebasisofthereplevinbond. injunction, and thereby put at issue the matter of the title or damages against the person obtaining the
writ
of
replevin
(2) The defense of lack of proper affidavit of
merit
is
no
longer right of possession over the specific chattel being replevied, and the sheriff who enforced the writ of replevin, assuming
available where the defendant failed to raise it either in a the policy apparently being that said matter should be that the seizure of the property was unlawful, should be
motion to dismiss or in the answer as
required
by Section
1, ventilatedanddeterminedonlyatthetrialonthemerits. litigated in the replevin suit and not by independent
Rule9. action.
(8) Five-day period
from actual seizure. Begins from the
taking
(3) Replevin against DENR for seized lumber is not likewise of the property by the Sheriff and not from the service of 5. Redelivery may
be refused where the property is not in the
available. There must be exhaustion of administrative remedies summons. same condition as taken and the party may go after the
before the DENR. The complaint was dismissed for lack of redeliverybond.
(9) Substantial compliance on furnishing plaintiff with copy.
causeofaction. JusticeNarvasainT
illsonv.CourtofAppeals,stressed:
RULE61SupportP
endenteLite
(4) Property Seized by Virtue of Search Warrant not Subject to
There
is
no provision in Rule 60 imposing the requirement that
Replevin. The remedy for
questioning the
validity of
a search
service of the counterbond on the plaintiff must be made
warrant may be sought in the court that issued it, not in the sala Section
1.
Application. — At the commencement of the proper action or
within five (5) days after the taking of the property by the
ofanotherJudge,andnotthroughreplevin. proceeding, or at any time prior to the j udgment or f inal order, a verified
officer.
application for support pendente lite may b e f iled by any party stating the
EXC: if
the seizure is illegal even if the article is delivered to
grounds for the claim and the f inancial conditions of b oth parties, and
thecustodyoftheCourt. (10) Intervention Allowed. In lieu
of,
or
in
addition to the filing of
accompanied by affidavits, depositions or other authentic documents in
a terceria, the third party may, as Section 7 points out,
supportthereof.
vindicate "his claim to the property by any proper action." This
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 72of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 73of232
SPECIALCIVILACTIONS
Section 5. Enforcement of order. — If the adverse party fails to comply
WhataretheSpecialCivilActions?
with an order granting support pendente lite, the court shall, motu Rules62–71
proprio or u pon motion; issue an order of execution against h im, a) Interpleader;
withoutprejudicetoh isliabilityforc ontempt. RULE62Interpleader b) DeclaratoryRelief;
When the person ordered to give support pendente lite refuses or fails to
RULE63DeclaratoryReliefandSimilarRemedies c) ReviewofJudgmentofComelecandCOA;
do so, any third person who f urnished that support to the applicant
may, after due notice and h earing in the same case obtain a writ of RULE64ReviewofJudgmentsandFinalOrdersor d) Certiorari,Prohibition,andMandamus;
execution to enforce his right of reimbursement against the
ResolutionsoftheComelecandCOA e) QuoWarranto;
personorderedtoprovidesuchsupport.
RULE65Certiorari,ProhibitionandMandamus f) Expropriation;
Certiorari g) ForeclosureofRealEstateMortgage;
Section 7.
Restitution. — When the judgment or f inal order of the court
finds that the person who h as b een providing support pendente lite is Prohibition h) Partition;
not liable therefor, it shall order the recipient thereof to return to the
i) ForcibleEntryandUnlawfulDetainer;and
former the amounts already paid with legal interest f rom the dates of Mandamus
actual payment, without prejudice to the right of the recipient to obtain j) Contempt.
reimbursement in a separate action f rom the person legally obliged to CommonProvisions
give the support. Should the recipient fail to
reimburse said
amounts, the WritofContinuingMandamus RULE62Interpleader
person who provided the same may likewise seek reimbursement thereof in a
separateactionf romthepersonlegallyobligedtogivesuchsupport. WritofKalikasan
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 74of232
2. the interpleader action or on other appropriate grounds specified in Rule
16. The period to f ile the answer shall b e tolled and if the motion is RULE63DeclaratoryReliefandSimilarRemedies
claimants.
denied, the movant may f ile h is answer within the remaining period, b ut
effective
3. The parties to be interpleaded must make which shall not b e less than five (5) days in any event, reckoned f rom
Section1.Whomayfilepetition.—Anyperson
claims. noticeofdenial.
(a) interested under a deed, will, contract or other written
4. Thesubjectmattermustbeo
neandthesame. NB: Since
R16
has
already
been
removed by the 2019 Amendments, the instrument,or
(4) CaseswhereinterpleaderP
ROPER. defendant should incorporate in his or her answer the following
(b) whose rights are affected by a statute, executive order
or
groundsasspecialaffirmativedefense:
(a) An action
by the lessee who does not know the person regulation, ordinance, or any other governmental
to whom to pay rentals due to conflicting claims on a) Lackofjurisdictionoverthesubjectmatter; regulation
theproperty. b) Resjudicata; may, before breach or violation thereof b ring an action in the
(b) ConflictingclaimstopropertyseizedbytheSheriff. appropriate Regional Trial Court to determine any q uestion of
c) Litispendentia;or
construction or validity arising, and for a declaration of h is rights or
(c) Interpleader is
an issuing bank's proper remedy where d) Prescription. duties,thereunder.
the purchaser of a cashier's check claims it
was
lost
An action for the reformation of an instrument, to quiet title to real
andanotherhaspresenteditforpayment.
Section 5. Answer and other pleadings. — Each claimant shall f ile h is property or remove c louds therefrom, or to consolidate ownership
(d) Where a principal created a lien in favor of another answer setting forth h is claim within fifteen (15) days f rom service of the underArticle1607oftheCivilCode,mayb eb roughtu nderthisRule.
person on
funds
in
the
hands of an agent, the action of summons u pon h im, serving a copy thereof u pon each of the other
the agent
against
his principal and the other claimants conflicting claimants who may f ile their reply thereto as provided by (1) Original jurisdiction of a petition for declaratory relief is with
isacomplaintofinterpleader. these Rules. If any claimant fails to plead within the time h erein f ixed, the the RTC. Thus, where a petition seeks a declaration of the
court may, on motion, declare h im in default and thereafter render unconstitutionality and/or nullity of a law, it must be treated as
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 75of232
one
seeking
declaratory relief and should be brought before the concerning a real,
and
not
a mere
theoretical question or
(7) OtherinstanceswherepetitionIMPROPER
RTCandnottheSCevenifonlyquestionsoflawareinvolved. issue."
(a) When the petition is based on the happening of a
(a) An exception lies where the petition has far-reaching Courts have no judicial power to review cases involving
contingentevent.
implications and raises questions that should be political questions and as a rule, will desist from taking
resolved. Such petition may be treated as one for cognizance of speculative or hypothetical cases, advisory (b) Whenpetitionerisnottherealparty-in-interest.
mandamus. opinionsandincasesthathavebecomem oot. (c) Where administrative remedies have not yet been
(2) Requisites. (4) InstanceswhenDeclaratoryReliefI MPROPER. exhausted.
(a) The
subject
matter of
the
controversy
must
be a deed, (a) ToObtainJudicialDeclarationofCitizenship; (8) Othersimilarremedies.
will,contract,orstatute; (b) ToResolveaPoliticalIssueorQuestion; (a) ReformationofInstrument;
(b) The terms of
said
documents
and
the
validity
thereof (c) ToSeekReliefonMootQuestions; Articles1359-1369
isdoubtfula ndrequirejudicialinterpretation;
(d) Where
a Decision
would
not Terminate Uncertainty or (b) ActionstoQuietTitle;
(c) The petition
must
be before
filed there is a breach Controversy; Articles476-481
orviolation;
(e) Petition must be Filed before Breach of Contract or (c) PetitionforConsolidationofOwnership.
(d) Theremustbeaj usticiablecontroversy; Statute;
Article1607
theremustbe: (5) SubjectMatterofPetition
(9) Purpose of
joinder of
all
necessary parties. Failure to do so
(i) realpartiesininterest; (a) deed,
would deprive the declaration of that final and pacifying
(ii) assertingadverseclaims;and (b) will, function the action for declaratory relief is calculated to
(iii) presentingaripeissue. subserve as they would not be bound by the declaration and
DeterminationofHereditaryRightsIMPROPER
mayraisetheidenticalissue.E .g.trusteeinWill.
(e) The controversy must b
e between persons whose (c) contract,or
interestsareadverse; Section 6. Conversion into ordinary action. — If b efore the f inal
AlienCertificateofRegistrationisNOTaContract.
termination of the case, a b reach or violation of an instrument or a
(f) The parties must have legal interest in the statute, executive order or regulation, ordinance, or any other
(d) otherwritteninstrument,
controversy; governmental regulation should take place, the action may thereupon b e
(e) statute, converted into an ordinary action, and the parties shall b e allowed to f ile
(g) The controversy must be ripe for judicial
(f) executiveorderor suchpleadingsasmayb enecessaryorproper.
determination
(h) Adequate relief is not available through other means or (g) regulationor
otherformsofactionorproceedings.
RULE64ReviewofJudgmentsandFinalOrdersor
(h) ordinanceor
ResolutionsoftheComelecandCOA
(3) Actual Case or Controversy means an existing case or (i) anyothergovernmentregulation.
controversy that is appropriate or ripe for determination,
not
CourtDecisionsareNOTIncluded.
conjecturaloranticipatory. Section 1.
Scope. — This Rule shall govern the review of judgments and
(6) A
counterclaim may be
filed
in
a petition for declaratory relief. final orders or resolutions of the Commission on
Elections and
the
The petition
must show "an
active antagonistic assertion of
But
a third-party complaint is inconceivable where the main CommissiononAudit.
a
legal
right
on
one side and a denial thereof on the other
caseisaspecialcivilactionfordeclaratoryrelief.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 76of232
(1) Discretion of SC to Review Cases. It is the Supreme Court's (c) when the need for the relief is extremely urgent and Extendsto Discretionaryand
Ministerialacts
prerogative under the law
to
determine whether or
not
it
shall certiorari is the only adequate and speedy remedy discretionaryacts ministerialacts
consent to
exercise its appellate jurisdiction to accept or refuse available.
invocations of that appellate jurisdiction; it will refuse to Againstjudicialor
acceptappealswhichare: Section 3. Time to file petition. — The petition shall b e f iled within quasi-judicial Bothjudicialandnon-judicialacts.
thirty (30) days from notice of the judgment
or
final
order
or functions
(a) "withoutmerit,or
resolutionsoughttob ereviewed.
(b) prosecutedmanifestlyfordelay,"or
The f iling of a motion for new trial or reconsideration of said judgment or Certiorari
(c) which raise questions too unsubstantial to require final order or resolution, if allowed u nder the procedural rules of the
consideration"; Commission concerned, shall interrupt the period h erein f ixed. If the
Section
1.
Petition
for
certiorari. — When any tribunal, b oard or officer
motion is denied, the aggrieved party may f ile the petition within the
and will grant review "only when there are special and exercisingjudicialorq uasi-judicialf unctionsh asacted
remaining period, b ut which shall not b e less than f ive ( 5) days in any
importantreasonstherefor." event,reckonedf romnoticeofdenial. a) withoutorinexcessitsorh isjurisdiction,OR
b) with grave abuse of discretion amounting to lack or excess of
Section 2.
Mode of
review.
— A judgment or f inal order or resolution of (1) The filing of a motion
for
new trial
or
reconsideration of
said jurisdiction,AND
the Commission on Elections and the Commission on Audit may b e judgment or final order or resolution, if allowed under the
brought by the aggrieved party to the Supreme Court on certiorari u nder c) there is no appeal, or any plain, speedy, and adequate remedy in
procedural rules of the commission concerned, shall
Rule65,exceptash ereinafterprovided. theordinarycourseoflaw,
interrupttheperiodhereinfixed.
a person aggrieved thereby may f ile a verified petition in the proper
(1) REMEDY AGAINST COA AND COMELEC IS RULE 65. Article (2) NB: The Neypes Rule will not apply herein since
said
rule
is court, alleging the facts with certainty and praying that judgment b e
IX-A, Section 7 of the Constitution provides that decisions, meant to reconcile the different periods to appeal. Take note rendered annulling or modifying the proceedings of such tribunal, b oard
orders or rulings of the COA may be brought to the SC on that
R64
in
relation to R65 is not a mode of appeal governed by or officer, and granting such incidental reliefs as law and justice may
certioraribytheaggrievedparty. therulesonordinarycivilaction,butisaspecialcivilaction. require.
(2) GR: The decision must be
a FINAL
decision
or
resolution
Section 8. Effect of filing. — The f iling of a petition for certiorari s hall not (1) Purpose and Function. A prerogative writ, the purpose of
of the COMELEC en
banc.
The Supreme Court
has
no power to stay the execution of the judgment or f inal order or resolution sought to
review via certiorari an interlocutory order or even a final which is to secure a judgment “annulling or modifying the
be reviewed, unless the Supreme Court shall direct otherwise u pon such
resolution of a Division of the COMELEC. Failure to abide
by proceedings of a tribunal, board or officer, and granting such
termsasitmaydeemjust.
this procedural requirement constitutes a ground for incidentalreliefsaslawandjusticemayrequire.
DISMISSALo fthepetition.
Its
sole
office the correction of errors of jurisdiction,
is
EXC: Topreventamiscarriageofjustice, RULE65C
ertiorari,ProhibitionandM
andamus including the commission of grave abuse of discretion
amountingtolackorexcessinjurisdiction.
(a) when the
issue involves the
principle
of social justice BriefDistinctions
ortheprotectionoflabor, The abuse must be grave which means either the
judicial
or
CERTIORARI PROHIBITION MANDAMUS quasi-judicialpowerwas
(b) when the
decision or
resolution sought to be set aside
isanullity,or Toc ompelt he (a) exercised
in an arbitrary or despotic manner by reason
Intendedtoc orrect Top
reventt he ofpassionorpersonalhostility,or
performanceofan
anact commissionofanact
act (b) that the respondent judge, tribunal
or
board
evaded
a
positiveduty,or
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 77of232
(c) virtually
refused to perform the duty enjoined or to act Maybedirectedagainstan Directedtojudgmentsandfinal (b) Whenthebroaderinterestsofjusticesorequire;
in contemplation of law, such as when such interlocutoryorder orders
(c) Whenthewritsissuedarenullandvoid;
respondentactedinacapriciousorwhimsicalmanner.
FilednotmorethanS IXTY(60) (d) When the
questioned order
amounts
to
an
oppressive
(2) Conditions Filedwithin15DAYSfrom
DAYSfromnoticeofjudgment, exerciseofjudicialauthority.
noticeifthroughnoticeof
(a) There
is
no
appeal,
or
any
plain, speedy, and adequate orderorresolution
appeal,30DAYSifrecordon (6) EssentialREQUISITES
remedyintheordinarycourseoflaw; IfMNTorMRfiled,periodshall
appeal.
startfromdenialofthemotion (a) Directed
against
a tribunal,
board
or
officer exercising
(b) Aggrieved party shall file a verified petition
seeking
JUDICIALorQUASI-JUDICIALfunctions;
theannulmentofsubjectorder; GenerallyrequiresanMR DoesnotrequireanMR
(b) Respondent has acted without or in e xcess of
(c) Petition to
be
accompanied
by
CTC
of
the judgment or
RULE65 RULE45 jurisdiction or with grave abuse of discretion
order;
amountingtolackorexcessofjurisdiction.
(d) Certification of
non-forum shopping — remember that SpecialCivilAction ModeofAppeal
(c) There is neither appeal nor any plain, speedy and
certiorariisanoriginalaction;
adequate remedy in
the
ordinary course of
law for the
Original Continuation
(e) Propertocorrecterrorofjurisdiction,notofjudgment. purposeofannullingormodifyingtheproceeding.
(3) It is an ORIGINAL and INDEPENDENT action and NOT a Usuallydirectedatinterlocutory Reviewsfinaljudgmentsor There must be capricious, arbitrary and whimsical
mode of appeal. The remedies of appeal and certiorari are orders orders exerciseofpower.
mutually exclusive and not alternative or successive.
Raisesquestionsofjurisdiction Raisesonlyquestionsoflaw (7) Judicial function is the power to determine what the law is
CertiorariCANNOTbeasubstituteforalostappeal.
and what
the
legal rights of the parties are, and then undertakes
Being an
original
action,
the
decision
rendered on such action 60DAYS 15DAYS to
determine these questions and
adjudicate upon the
rights of
is appealable, and NOT reviewable by another petition for theparties.
certiorari. MRrequired MRnotrequired
(8) Quasi-judicial function applies to the action, discretion of
(4) CertiorarivsAppealingeneral public
administrative officers
or
bodies,
which are
required to
Doesnotstayjudgmentu nless Generallystaysthejudgment
CERTIORARI APPEAL enjoinedorrestrained appealedfrom investigate facts or ascertain the existence of facts, hold
hearings, and draw conclusions from them as basis for their
Correctse rrorsofjudgment Thetribunal,board,orofficeris Partiesareoriginalpartiestothe officialactionandtoexercisediscretionofajudicialnature.
Correctse
rrorsofjurisdiction
(factorlaw) impleadedasrespondent action Thus, where the function is merely investigative or
recommendatory without
passing judgment,
Rule
65 will not
OriginalandIndependentaction Continuationoftheoriginalsuit FiledwiththeRTC,CA,
FiledONLYwiththeSC lie.
SandiganbayanorSC
Highercourtexerciseso riginal It
will
also not
lie against officers exercising quasi-legislative
Exerciseofa
ppellate
jurisdictionviaitspowerof (5) When certiorari available despite loss of appeal. When functions such as those promulgating IRRs in the exercise of
jurisdictionandpowerofr eview
controlandsupervision appeal is lost without the appellant’s negligence. Other delegated powers. It
is
also
improper in assailing an EO issued
exceptionsi nclude: pursuanttotheexecutivefunctionsofacitymayor.
Partiesincludethelowercourt
(a) When the public welfare and the advancement of However, if the EO is based on findings that require the exercise
orquasi-judicialagencyissuing Originalpartiestotheaction
publicpolicydictate; of quasi-judicial functions such as determining whether a
assailedorder
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 78of232
construction is
illegal
and
should
be
demolished,
Certiorari
is
Republicv.Quiñonez,GRNo237412,6January2020 (b) When a motion for new trial or reconsideration was
PROPER.
filed,ifany;AND
As a general rule, an MR must first be filed with the lower court
(9) EXPANDED Scope of Certiorari. Now, it includes raising
before the
extraordinary remedy of
certiorari is
resorted to,
since
an (c) WhennoticeofdenialoftheMNTorMRwasreceived.
constitutional issues and reviewing and/or nullifying the
acts
MR is considered a plain, speedy and adequate remedy in the
of
legislative
and
executive officials. The basis is the definition (13) GR: The60-dayperiodisNON-EXTENDIBLE.
ordinary course of law. Nevertheless, this general rule admits of
ofjudicialpowerunderSec1ArtVIIIofthe1987Constitution.
well-established exceptions, one
of
which is when the issue raised EXC:
(10) Exceptionst otheMRRequirement. isapurequestionoflaw.
(a) Mostpersuasiveandweightyreasons;
(a) The order is a patent nullity, as where the court a quo There is a question of law in a given case when the doubt or
(b) To relieve a litigant from an injustice not
hasnojurisdiction; difference arises as to what law is on a certain state of facts, and there
commensuratewithhisfailuretocomply;
is a question of fact when the doubt or difference arises as to the
(b) The questions raised in the certiorari proceedings (c) Good faith by immediately paying within reasonable
truthorthefalsehoodofallegedfacts.
have been duly raised and passed upon by the timefromtimeofdefault;
lowercourt; Here, the Republic does not dispute the truthfulness of Remar’s
allegations, particularly, the specific acts he claims
to
have
done
to (d) Existenceofspecialorcompellingcircumstances;
(c) There
is an urgent necessity to resolve the issue as locate
Lovelyn, What the
Republic does question is the sufficiency of (e) Meritsofthecase;
further delay would
prejudice
the interest of either the theseactstomeritalegaldeclarationofLovelyn’spresumptivedeath.
governmentorpetitioner; (f) Cause not entirely attributable to the fault or
Clearly, the Republic’s Petition for Certiorari raised a pure legal negligenceoftheparty;
(d) Subjectmatterisp
erishable; question. Hence, direct resort to the CA via Rule 65, without filing
withtheRTCapriorMR,wasproper. (g) Lack of any showing that review sought is merely
(e) MRwouldbeu
selessunderthecircumstances;
frivolousordilatory.
(f) Petitioner deprived of due process and there is (11) FilingofPetitionforCertiorari.TheVERIFIEDpetitionmust (h) Otherpartywillnotbeunjustlyprejudiced;
extremeurgencyforrelief. (a) Allegethefactswithcertainty; (i) Fraud, accident, mistake or excusable negligence
(g) In a criminal relief
case, from
order of
arrest is (b) Pray that judgment be rendered annulling or modifying (FAME)withoutappellant’sfault;
urgent and the granting by the trial court is theproceedingsofrespondent;and (j) Peculiar legal and equitable circumstances attendant
improbable;
(c) Grant such incidental reliefs as law and justice may tothecase;
(h) Proceedings in the lower court are
a nullity lack
for require. (k) Forsubstantialjusticeandfairplay;
ofdueprocess;
Thepetitionshallbeaccompaniedby (l) Importanceofissuesinvolved;AND
(i) Proceedings
were
done
ex parte or in which petitioner
(a) ACTCofthejudgment,orderorresolutionassailed; (m) Exerciseofsounddiscretionbyjudge.
hadn
oopportunitytoobject;
(b) Copiesofallpertinentpleadingsanddocuments;and RULE65 RULE64
(j) Issueraisedisonep
urelyoflaw;OR
(c) Asworncertificationofnon-forumshopping.
(k) Wherep
ublicinterestisinvolved; Directedagainstotherentitiesor Directedspecificallyagainst
(12) Material Data Rule. The following must be stated in the offices COMELECa ndCOA
petition:
(a) When notice of judgment, final order or resolution Filedwithin60DAYS Filedwithin30DAYS
wasreceived;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 79of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 80of232
expressly authorized by the text of the second paragraph of
For mandamus to lie, the act sought to
be
enjoined must be
a (d) Actism
inisterial;AND
Section1,ArtVIIIofthe1987Constitution.
ministerial act or duty. An act is ministerial if the act should
(e) There is no appeal or any other plain, speedy and
Thus, petitions
for
certiorari
and prohibition are
appropriate be performed "under a given state of facts, in a prescribed
adequateremedyintheordinarycourseoflaw.
remedies to raise constitutional issues and to review manner, in obedience to the mandate of a legal authority,
and/or prohibit or nullify the acts of legislative and without regard to or the exercise of the tribunal or (4) When mandamus may lie to compel discretionary acts.
executive officials. (Araullo v. Aquino III, GR No
209287,
1 corporation's own judgment upon the propriety or impropriety Where
there
is
gross
abuse
of discretion, manifest injustice, or
July2014) of the act done." The tribunal, corporation, board, officer, or palpableexcessofauthority.
person must have no choice but to perform the act
Certiorari Prohibition specifically enjoined by law. This is opposed to a CommonProvisions
discretionary act whereby the officer has
the
choice to
decide
Directedonlyagainstthose Alsothoseperforming howorwhentoperformtheduty. (1) Instead
of
summons, the
court
shall issue an ORDER requiring
performingjudicialor ministerialfunctions respondent to comment on the petition
within 10
DAYS
from
quasi-judicialfunctions MunicipalityofMakativ.CA,GRNos89898-99,01Oct1990 receiptofacopythereof.
In a money judgment against the municipality where its officials (2) The
petition
may be outrightly dismissed if insufficient in both
Directedagainsttheaction Directedagainstthetribunal
unjustifiably refuse to pay
the
judgment, the
remedy
of
the
claimant formandsubstance.
itself
istosuetheofficialsforMANDAMUS.
Purposeistoannulormodify Purposeistocommand Section 7. Expediting proceedings; injunctive relief. — The court in
This is because the Sheriff cannot attach or levy on execution the which the petition is f iled may issue orders expediting the proceedings,
thejudgment,order,or respondenttodesistfromfurther
public funds. It is the ministerial duty of the public officials to obey a and it may also grant a temporary restraining order or a writ of
resolutionorproceedings proceedings
final
judgment, thus, mandamus will lie, otherwise, the claimant will preliminary injunction for the preservation of the rights of the parties
bestuckwithanemptyjudgment. pendingsuchproceedings.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 81of232
officer, or quasi-judicial agency shall decide the main case or
PROCEDURAL OUTLINE. The procedure in the foregoing special (b) unlawfully excludes another from the use or
petitionwithin6MONTHSfromtheissuanceofthewrit.
civilactionsmaybeoutlinedasfollows: enjoymentofsuchright
(3) Thecourthastheoptionto 1. FilingofPetition(Secs.1,2,3); and
there
is
no
other
plain,
speedy
and adequate remedy in the
(a) Hearthecase;or ordinarycourseoflaw.
2. Outright Dismissal (if not sufficient in form and substance)
(b) Requirepartiestosubmitmemoranda. (Sec.6); (3) Wheretofile.Thepetitionshallbefiledwiththe
(4) After hearing or submission of memoranda, the court shall 3. Order to Comment if the petition is sufficient in form and (a) RTC exercising jurisdiction over the territory where
renderjudgment. substance(toacquirejurisdictionoverrespondent)(Sec.6). theactionableneglectoromissionoccurredor
(5) GroundsforDISMISSAL The Court, however, may dismiss the petition if it finds the (b) withtheCAor
same to be patently without merit, prosecuted manifestly for (c) theSC.
(a) Petitionpatentlywithoutmerit; delay, or
that the
questions raised therein are too unsubstantial
(b) ItisprosecutedmanifestlyF
ORDELAY; torequireconsideration(Sec.8); (4) NODocketFees.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 82of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 83of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 84of232
(2) Under the OEC. The remedy of quo warranto has been (2) Quo warranto is the remedy to nullify the appointment of
an
extended to cover a voter's action contesting the election of any Section 9. Judgment where
usurpation found. — When the respondent employee, not certiorari. The prescriptive period is one year.
i neligibility
officer on the ground of or d
isloyalty
to
the is found guilty of u surping into, intruding into, or u nlawfully h olding or And resort to administrative remedy does not abate judicial
exercising a public office, position or f ranchise, judgment shall b e action.
State and jurisdiction over such action is vested in the
rendered
COMELEC. Exceptions
(a) that such respondent b e ousted and altogether excluded
Where the issue is the qualification of an elected member of the 1. Laches does
not
attach and failure to file quo warranto
therefrom,and
House
of
Representatives, quo
warranto is
properly
filed with proceedings does not operate adversely against a
theH
RET. (b) that the petitioner or relator, as the case may b e, recover h is dismissed employee, where it was the act of
costs. responsible government officials which contributed in
(3) Quowarrantoinelectiveofficevsinappointiveoffice.
(c) Such f urther judgment may b e rendered determining the the delay of the filing of the complaint for
ELECTIVE APPOINTIVE respective rights in and to the public office, position or f ranchise reinstatement.
ofallthepartiestotheactionasjusticerequires.
GoverninglawisOEC RulesofCourt 2. Under the principle of equity, Courts will not be guided
or bound strictly by the Statute of
Limitations
or
the
Rightsofthepersonentitledtotheoffice
Issueisineligibilityor Illegalityoftheoccupancyof dictum of laches when to do so, manifest wrong
and
disloyalty office 1) To assume the office after taking the oath of office and injusticewouldresult.
executinganofficialbondasmayberequiredbylaw;
Filedwithin1yearfromthetime
Filedwithin10daysafter 2) Demand from respondent all the
books,
papers
or
documents RULE67Expropriation
ofcauseofouster,orrightto
proclamationofelectionresults inhispossession;
holdofficearose.
3) To
ask
the
court
to
cite
the
respondents in contempt of court if Section 1. The complaint. — The right of eminent domain shall b e
BroughtinComelec,RTCorMTC SC,CA,RTC herefusestoobey; exercisedbythef ilingofav
erifiedcomplaintwhichshall
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 85of232
observance of due process of law and payment of just made a
party,
he
is
given
the right to intervene and lay claim to
(d) the property must be devoted to p
ublic use or
compensation. thecompensationwithouttheneedofahearing.
otherwise, informally appropriated or injuriously
Expropriation proceedings are not adversarial in t he (6) Allegations in
complaint.The provision that
the complaint in affected;and
conventional sense for the condemning authority is not condemnation proceedings shall state with certainty the
right
(e) the utilization of the property for
public
use
must
be
requiredtoassertanyconflictinginterestintheproperty. of condemnation is not of necessary application to a case
in a way as to oust the
owner
and
deprive
him
of
all
where the
power of
eminent domain is specially and expressly
Thus, by filing the action, the condemnor in effect merely beneficialenjoymentofhisproperty.
conferredupontheplaintiffbystatute.
serves notice that it is taking title and possession of the (3) The only requisites for authorizing immediate entry in
property, and the defendant asserts title or interest in the NOTESONENTRYANDDEPOSIT expropriationproceedingsare:
property, not to
prove a right to possession, but to prove a right
tocompensationforthetaking. (1) Duty of court. to promptly and provisionally ascertain the (a) the
filing
of
a complaint for expropriation sufficient in
value of
the
land involved and when
satisfied in
this
regard to formandsubstance;and
(2) Requisites
enter the order for the prescribed deposit even though upon full (b) the making of a deposit equivalent to the assessed
(a) thetakingmustbeforpublicuse, inquiry its estimate may prove less or in excess of the true valueo fthepropertysubjecttoexpropriation.
value and even though claimants and owners have not been
twoapproachesareutilized— Upon compliance with the requirements the issuance of the
heard.
(i) public employment or the actual use by the writofpossessionbecomes"ministerial."
(2) When is there ‘taking’? There is "taking" of property under
public,and (4) PurposeofDeposit.Servethedoublepurposefor
thepowerofeminentdomain:
(ii) publicadvantageorbenefit.
(a) when the owner is actually
deprived or
dispossessed (a) pre-payment if
the
property
is finally expropriated,
(b) that just compensation must be given to the ofhisproperty,or and
privateowneroftheproperty,and
(b) when there is a practical destruction or a material (b) an indemnity for damages if the proceedings are
(c) Dueprocessmustbeobserved. impairmentofthevalueo fhisproperty,or dismissed.
(3) Basis. Expropriation lies only when it is made necessary by the (c) when he is deprived of the ordinary use of his RA10752ortheRight-of-WayAct
opposition of
the
owner to the sale or by lack of any agreement property,or
astothepriceofthepropertysubjecttoexpropriation. RA 8974 was repealed by RA 10752 on March 7, 2016 which
(d) when he is deprived of the jurisdiction, supervision provides that
real
property
needed
for
right
of
way site or locations for
Under the LGC, the power of eminent domain may not be andcontrolofhisproperty. national government projects may
be
acquired by
donation, negotiated
exercised unless a valid and definite offer has been A number of circumstances must be present in the taking of sale,expropriation,oranyothermodesofacquisition.
previouslymadetotheowner,andsuchofferwasnotaccepted. propertyforpurposesofeminentdomain: In negotiated sale, the government will offer, as compensation, the
(4) Who may exercise? either directly by the legislature or (a) theexpropriatormustenterprivateproperty; following:
through the medium of corporate bodies or individual
enterprises, by
virtue
of
delegation
of
power. It
may be validly (b) the entrance into private property must be for more 1) Currentmarketvalueoftheland;
delegated to local governments, other public entities and public thanamomentaryperiod; 2) Replacementcostofstructuresandimprovements;
utilities. (c) the entry into property should be under warrant or 3) Currentmarketvalueofcropsandtrees.
(5) Real Parties-in-Interest. They include all other persons coloroflegalauthority;
In negotiated sale, the government will pay ALL the taxes except real
owning, occupying or
claiming to own the property. If a person
propertytaxes.
claiming an
interest
in
the
land
sought
to
be condemned is not
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 86of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 87of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 88of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 89of232
(9) Effects of confirmation. As the title to mortgaged real (14) When may writ of possession issue. Until
the
sale
is
validly mortgagor shall b e cancelled, and a new one issued in the name of the
property does not vest in the purchaser until after the confirmed by the Court, the purchaser is
nothing more than
a purchaser.
confirmation of the
sale,
he
has,
prior
to
that
time,
no
right
to preferredbidder. Where a r ight of redemption exists, the certificate of title in the name of
the possession of such property, and no legal cause of the mortgagor shall not b e cancelled, b ut the certificate of sale and the
In contrast, the purchaser at an extra-judicial foreclosure sale
complaint against the defendants, who remain in possession order confirming the sale shall b e registered and a b rief memorandum
has a right to the possession of the property even
during
the
exercisingtherightsofownership. thereof made by the registrar of deeds u pon the certificate of title. In the
one year redemption period provided he files an indemnity
event the property is redeemed, the deed of redemption shall b e
On the other hand, the mortgagors have no
means, until
after bond.
registered with the registry of deeds, and a b rief memorandum thereof
the confirmation, of compelling the
purchaser to
comply with
shallb emadebytheregistrarofdeedsonsaidcertificateoftitle.
thetermsofthesale. Section 4.
Disposition of
proceeds of
sale.
— The amount realized f rom
the foreclosure sale of the mortgaged property shall, after deducting the If the property is not redeemed, the f inal deed of sale executed by the
The confirmation operates to divest the title out of the
costs of the sale, b e paid to the person foreclosing the mortgage, and sheriff in favor of the purchaser at the foreclosure sale shall b e registered
former owner and to vest in the purchaser. It is at this time with the registry of deeds; whereupon the certificate of title in the name
when there shall b e any b alance or residue, after paying off the
whentherightsortitlepasses,andnotbefore. of the mortgagor shall b e cancelled and a new one issued in the name of
mortgagedebtdue,thesameshallb epaidto
(10) Valid confirmation is a FINAL
order. Confirmation of sale of thepurchaser.
(a) junior encumbrancers in the order of their priority, to b e
real estate in judicial proceedings cuts off
and all
interests of
ascertainedbythecourt,or
the mortgagor in the real property sold and vests them in
the
(b) if there b e no such encumbrancers or there b e a b alance or Extrajudicialforeclosureofmortgage
purchaser. Confirmation retroacts to the date of the sale. An
order of confirmation in court foreclosure residue after payment to them, then to the mortgagor
or his (1) Presumption of Regularity. Foreclosure proceedings have
in
dulyauthorizedagent,ortothepersonentitledtoit. their favor the presumption of regularity and the burden of
proceedingsisafinalorder,notmerelyinterlocutory.
evidencetorebutthesameisonthepetitioner.
(11) Right of purchaser to issuance of writ of possession. The (1) Whenmaytherebedeficiencyjudgment
general rule is
that
after
a sale
had been made under a decree (2) Personal notice not required. It
requires
only the
posting of
1. A motion for deficiency judgment may be
made
only
in a foreclosure suit, the Court has the power to give notices of sale in three public places and publication of the
after the sale and after it becomes known that a
possession to
the purchaser, and the latter will not be driven to same in
a newspaper of
general
circulation. Personal notice is
deficiencyexists.
anactionatlawtoobtainsuchpossession. notrequired.
2. Deficiency judgment cannot be rendered against a
(12) Issuance of writ of possession not an execution of EXC:Shouldthemortgagecontractsostipulate.
nonresidentdefendant.
judgment but is merely a ministerial and complementary (3) Notice and posting of Extrajudicial Foreclosure
duty of
the court
to
put
an
end to the litigation which the court 3. No deficiency judgment may be rendered against the
Indispensable. Thus, where personal notice
of
foreclosure
is
can undertake even after the lapse of five years,
provided the owner who is not a mortgagor and has not assumed
stipulatedintheagreementasalewithoutsuchnoticeisVOID.
statute of limitations and the rights of third
persons
have not personal liability for the debt. The remedy is an
ordinaryactionagainstthedebtor. (4) Effect of
Redemption. Redemption is an implied admission of
intervenedinthemeantime.
the regularity of the sale and estops the mortgagor from
(13) The judgment of foreclosure loses its executory force by the 4. Death of
debtor.
If
the
debtor
dies,
the
deficiency may
impugningitsvalidityandthevenueofthepublicauction.
lapse f ive
of years which must have to be enforced by action. befiledasaclaimagainsthisestate.
(5) Right of
purchaser to
writ of
possession. Under Section 7 of
After the property is sold pursuant to the judgment and
Section
7.
Registration. — A certified copy of the f inal order of the court
Act 3135 the Purchaser is entitled to the possession of the
confirmed by
the
court,
the
purchaser is entitled to a writ of
confirmingthesaleshallb eregisteredintheregistryofdeeds. propertyduringtheredemptionperiod,providedthat
possession.
If no r ight of redemption exists, the certificate of title in the name of the (a) apropermotionhasbeenfiled,
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 90of232
the determination of whether or not a co-ownership in fact
(b) abondapprovedand (1) Basic principle of partition in Civil Law. It is a basic
exists, and a partition is proper (i.e., not otherwise legally
principle in
civil
law that before a property owned in common
(c) nothirdpersonisinvolved. proscribed) and may be made by voluntary agreement of all the
is actually partitioned, all
that the co-owner has is
an
ideal
or
(6) Issuance of Writ of Possession. May be filed after the partiesinterestedintheproperty.
abstract quota or proportionate share in the entire property. A
expiration of
the
period to
redeem by the nature of the petition, co-owner has no right to demand a concrete, specific or The second phase commences when it appears that "the
no notice needed to be served upon
persons interested in
the determinate part of the thing owned in common because until parties are unable to agree
upon
the
partition"
directed
by
the
subjectproperty. division is
effected his right over the thing is represented only Court.
(7) Intervention not proper under Act 3135 whereby under byanidealportion.
(6) An
action for
partition
and accounting under Rule
69, is
in
the
settled jurisprudence, the judge has to order the immediate (2) Complaint in Action for Partition
of
Real Estate. An
action nature of an action q
uasi in rem. Such an action is essentially
issuanceofawritofpossession for partition — which is typically brought by a person claiming for
the purpose of affecting the defendant's interest in a specific
(a) uponthefilingofthepropermotionand to be co-owner of a specified property against a defendant or propertyandnottorenderajudgmentagainsthim.
defendants whom the plaintiff
recognizes to be co-owners may
(b) theapprovalofthecorrespondingbond. beseentopresentsimultaneouslytwoprincipalissues. (7) When it is made to
appear
to
the
commissioners that
the
real
The intervener's remedy is a separate, distinct, and estate, or a portion thereof cannot be divided without
First, there is the issue of whether the plaintiff is indeed a
independentsuit,providedforinSection8ofActNo.3135. co-ownerofthepropertysoughttobepartitioned.
great
prejudice to the interests of the parties, the court may
order it assigned to one of the parties willing to take the
(8) Pending Case For Annulment Not a Prejudicial Question. Second, assuming that the plaintiff successfully hurdles the same, provided he
pays to
the
other parties
such sum or sums
Until the
foreclosure sale
of the property is annulled by a court first issue,
there
is
the
secondary
issue of
how
the
property is of money as the
commissioners deem suitable, unless
one
of
of competent jurisdiction, the mortgagor is
bereft
of
any
valid to be divided between plaintiff and defendants, i.e., what the parties interested asks that
the
property be
sold
instead
title and right to
prevent the issuance
of
a writ of
possession. portionshouldgotowhichco-owner. of being assigned, in which case the court shall order the
Until then,
it
is
the ministerial function of the court to grant the
(3) Prescription of Action. The action for partition of the thing commissioners to sell the real estate at public sale and the
possessorywrit.
owned in
common (actio
communi dividendo or actio familias commissionersshallsellthesameaccordingly.
(9) Order for issuance of Writ is appealable. The wisdom or erciscundae)d oesnotprescribe.
soundness of the order granting the writ of possession is a (8) The judgment in this action
for
partition
is
res
judicata
only
matter of judgment in connection with which the remedy is onthepartiestheretoandtheirsuccessors-in-interest.
(4) Procedure after judgment. If the parties can agree among
ordinaryappeal. themselves then the partition can be made by the parties by the
Certiorari may, however, be allowed particularly when it is proper instruments of conveyance which shall be submitted for RULE70ForcibleEntryandUnlawfulDetainer
filed within the period to appeal to prevent any possible approval of the court and such partition with the
court order
irreparable damage to private respondent as against an confirming the same shall be recorded in the Office of the
Section 1.
Who may institute
proceedings, and when.
— Subject to the
ordinaryappealwhichmayprovetobetediousandinadequate. RegisterofDeedsoftheprovince.
provisions of the next succeeding section, a person deprived of the
(10) Not Applicable to Chattel Mortgage. Act No. 3135 only But
if
the
parties unable
are to agree upon the partition, the possessionofanylandorb uilding
covers real
estate
mortgages and is intended merely to regulate court shall by
order appoint not more than three (3) competent a) Forcible Entry — by force, intimidation, threat, s trategy, or
the
extrajudicial sale of the mortgaged property if and when the disinterestedpersonsasc ommissionerst omakethepartition. stealth,or
mortgagee is given a special power or
express
authority to
do (5) TwoPhasesofPartitionandAccountingSuit. b) Unlawful Detainer — a lessor, vendor, vendee, or other person
sointhedeeditselforinadocumentannexedthereto.
against whom the possession of any land or b uilding is
Finality of Order of Partition: Order Appealable The first
unlawfully withheld after the expiration or termination of the
RULE69Partition phase of a partition and/or accounting suit is taken up with right to h old possession, by virtue of any contract, express or
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 91of232
implied, or the legal representatives or assigns of any such (5) Tacita Reconduccion. An implied new lease or tacita beginningasheacquires becomesillegalbyreasonofthe
lessor,vendor,vendee,orotherperson, reconduccion will set in when the following requisites are possessionthereofbyforce, terminationofhisrighttothe
may, at any time within one (1) year after such u nlawful deprivation or foundtoexist: intimidation,threat,strategyor possessionofthepropertyunder
withholding of possession, b ring an action in the proper MTC against the stealth thecontractwiththeplaintiff
a) thetermoftheoriginalcontractofleasehasexpired;
person or persons u nlawfully withholding or depriving of possession, or
any person or persons claiming u nder them, for the restitution of such b) the lessor has not given
the
lessee
a notice
to
vacate; thelawdoesnotrequirea plaintiffmustfirstmakesuch
possession,togetherwithdamagesandcosts. and previousdemandforthe demand,whichisjurisdictional
defendanttovacate
c) the lessee continued enjoying the thing leased for
(1) Any of the co-owner may
bring
an
action
for
forcible
entry
or
fifteendayswiththeacquiescenceofthelessor.
unlawfuldetainer. plaintiffmustprovethathewas plaintiffneednothave
Thisconstitutesavaliddefenseinanunlawfuldetainercase. inpriorphysicalpossession beeninpriorphysical
(2) There are three (3) kinds of possessory actions involving possession
realproperty,viz.: (6) Whomayfileaction
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 92of232
right from the start of possession sought to be recovered to
(d) An action for quieting of title
to property is not a (a) thepartiesarethelandownerandthetenant;
categorizeacauseofactionasoneofunlawfuldetainer.
bartoanejectmentsuitinvolvingthesameproperty. (b) thesubjectmatterisagriculturalland;
(20) Unlawful detainer is the act of withholding the possession
(e) Suits for specific performance with damages do (c) thereisconsent; of land or
building
from another who is
entitled to it
after
the
not affect
ejectment actions (e.g., to compel renewal of
(d) thepurposeisagriculturalproduction; expiration or termination of the right of
the
illegal detainer to
aleasecontract).
hold possession by virtue of a contract, express or implied,
(e) there
is
personal
cultivation by the tenant; and there is
(f) An action for reformation of instrument (e.g., when one year had not yet elapsed from the
time the original
asharingofharvestsbetweentheparties. possessionhadbecomeillegal.
from deed
of absolute sale to one of sale with pacto de
retro) does not suspend
an ejectment suit between the (15) Cases under jurisdiction of HLURB. The MTC is, without (21) Breach of compromise agreement as basis for
ejectment.
sameparties. jurisdiction where the ground for ejectment would involve a Where the lessee entered into a compromise agreement with
consideration of the rights and obligations of the parties
in
a the lessors after he refused to pay the increase in rent of
the
(g) An action for reconveyance of property or "accion
sale of real estate under PD 957 which falls under the lease premises to
vacate at a fixed period without the necessity
reivindicatoria" also has no effect on ejectment jurisdictionoftheHLURB.
suitsregardingthesameproperty. of further demand no further demand is necessary for
him to
(16) Stealth. In cases of "stealth" the one year period is counted vacate the premises. An
unlawful detainer case
can
spring not
(h) Neither do suits for annulment of sale, or title, or only from a contract of lease but may also spring from a
from the
time the plaintiff
learned thereof. Stealth is defined as
document affecting property operate to abate compromiseagreementwhichisalsoacontract.
any
secret, sly or clandestine act to avoid discovery and to gain
ejectmentactionsrespectingthesameproperty.
entrance into or remain within residence of another without (22) Appeal may be dismissed where contract of lease had
(12) Jurisdiction of MTC to Resolve Issue of Ownership. As the permission. expired. Upon expiration of a contract of lease during the
law now stands, inferior courts retain jurisdiction over pendency of
the
appeal,
the
appeal may be dismissed for being
(17) When Complaint one
for Forcible Entry. The questions to be
ejectment cases even if the question of possession cannot be moot and academic and the subleases is without any
right to
resolvedinanactionforforcibleentryare:
resolved without passing upon the issue of ownership; but this remaininpossessionofthepropertybeyondtheleaseperiod.
is subject to the same caveat that the issue posed as to (a) First, who had actual possession over the piece of real
property? (23) An ejectment case survives the death of a party. The
ownership could be resolved by the court for the sole
lessor's demise
did not extinguish the desahucio suit instituted
purposeofdeterminingtheissueofpossession. (b) Second, was the possessor ousted therefrom within by her through her guardian. That action, not being a purely
(13) When Ownership is
a Valid Defense. Ownership is, however, one year from the filing of the complaint by force, personal one, survived her death, her heirs have taken her place
a
valid
defense in unlawful detainer cases. While possession is threat,strategyorstealth?And andnowrepresentherinterestsintheappealatbar.
the main issue in ejectment, it is also one of the essential (c) Lastly, does
the
plaintiff
ask
for
the
restoration of his (24) Incidents to the main issue of possession de facto. The
attributes of ownership. It follows that an owner of real possession? following are incidents to the main issue of possession de facto
propertyisentitledtopossessionofthesame.
(18) Where Possession is by Tolerance. A person who occupies whichfallsunderthejurisdictionofMunicipalCourt:
(14) Agricultural Tenants. The rule is not applicable to cases that land of another at the latter's tolerance or permission, (a) Whether or
not
the
relationship
between the parties is
covered by the Agricultural Tenancy Act. Municipal courts have without any
contract
between them, is necessarily bound by an oneoflandlordandtenant.
no jurisdiction over a forcible entry and detainer case involving impliedpromisethathewillvacateupondemand.
agricultural tenants. But there must be evidence of tenancy (b) Whether or not there is a lease contract and whether or
(19) Tolerance Cannot Convert Forcible Entry Into Unlawful nottheleasecontracthadalreadyexpired.
relationship.Mereallegationisnotenough.
Detainer. Where the possession of
the
defendants
was illegal
The following essential requisites must concur in order to at the inception as alleged in the complaint there can be no (c) The just and reasonable amount of the rent and the
establishatenancyrelationship: tolerance. Elsewise stated, the tolerance must be presented datewhenitwilltakeeffect.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 93of232
(3) Time to commence action. Within one year after unlawful requisitesmustconcur,namely: 1. Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter, or failure to comply with
deprivationorwithholdingofpossession. (a) there must be failure to pay rent or comply section12;
(4) Period to
File
Unlawful
Detainer. Unlawful
detainer
must be withtheconditionsoftheleaseand 2. Motionforab illofparticulars;
filed within one year from the date of last demand
(b) there be demand both to pay or to comply
must 3. Motion for new trial, or for reconsideration of a judgment, or for
with the MTC, otherwise,
it
is
an
accion
publiciana cognizable
and
vacate within the periods specified in Section 2, reopeningoftrial;
bytheRTC.
Rule
70, namely
15 days in case of lands and 5 days in 4. Petitionforrelieff romjudgment;
Exception. But where the subsequent demands were mere caseofbuildings. 5. Motion for extension of time to f ile pleadings, affidavits or any
reminders to comply with an alleged previous agreement to otherpaper;
voluntarily
vacate and
the
reason why no action was taken was
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 94of232
6. Memoranda; b. Preliminary injunction under Rule 58 in both (2) Attorney's Fees may be Awarded in Ejectment Cases. The
forcible entry and unlawful detainer also in cases award of attorney's fees in ejectment cases has been upheld
7. Petition for certiorari, mandamus, or prohibition against any
mentionedintheprecedingparagraph. wheretheprovisionsofArticle2208areapplicable.
interlocutoryorderissuedbythecourt;
8. Motiontodeclarethedefendantindefault; (4) Resolution of Issue of Ownership. Under the Judiciary (3) Limited Rule
on
Conclusiveness of
Judgment. The judgment
9. Dilatorymotionsforpostponement Reorganization Act, the issue of ownership shall be resolved is
still conclusive only
with respect to
the
issue of possession
10. Reply; onlytodeterminetheissueofpossession:P rovided, of the premises but not with respect to ownership or other
facts.
11. Third-partycomplaints; (a) The defendant raises the issue of ownership in the
12. Interventions. pleadingsand (4) Against whom is Judgment Binding. The judgment is binding
againstthepartiesandallpersonsclaimingunderthem,v iz.:
(b) The question of possession cannot be resolved
(1) Certiorari filed with the Regional Trial Court is not withoutdecidingtheissueofownership. (a) Trespassers, squatters, or agents of the defendant
permissible. fraudulently occupying the property to frustrate the
Gatchalianv.Flores,GRNo225176,19January2018 judgment;
EXCEPTION unless some form of relief is made available to
defendant the grave injustice
and irreparable injury that visited (b) Guests or other occupant of the premises with the
The
owners of
a parcel of land which have been used as a road lot for
him through no fault or negligence on his part will only be permissionofthedefendant;
years has the right to file an ejectment suit against the people residing
perpetuated, the Court treated pro hac vice the petition for relief
therein by
tolerance if
the road lot
has
not
yet been expropriated nor (c) TransfereesPendentelite;
from judgment which defendant filed either
as an
exception to
paidbythegovernment.
the rule, or a regular appeal to the RTC, or even an action to (d) Sublessees;
annultheorder(decision)oftheMCTC. Hence, absent expropriation and without evidence that it was donated
(e) Members of the family, relatives and
other
privies
of
orsoldtothegovernment,thesameisprivateproperty.
thedefendant.
(2) Motion for issuance of Preliminary Injunction in ejectment
cases must be filed within five(5) days from the filing
of
the (1) DamagesRecoverableinEjectmentcases (5) Notbindingagainstnon-parties
complaint and the same must be
resolved by
the
court within
(a) The only damage that may be
recovered in a forcible (a) An alias writ of execution cannot legally be issued
thirty(30)days.
entry and unlawful detainer cases is the fair rental against respondent-lessees who are not
parties to
the
Should there be
an
appeal by
the defendant to the RTC, plaintiff value or the reasonable compensation for the
use case.
may within ten(10) days
from the
perfection
of
the appeal, file andoccupationoftheleasedproperty.
(b) A
writ
of
possession
and
order
of demolition directed
a motion for preliminary mandatory injunction to
restore
(b) Otherdamagesmustbeclaimedinanordinaryaction. againstpersonswhowerenotpartiesarev
oid.
him in possession which the court may grant if it finds the
appealfrivolousordilatory. But while actual, moral and exemplary damages are (c) A judgment in an ejectment case cannot be enforced
not permissible, a counterclaim for moral and againstpersonswhowerenotdefendants.
(3) Under the present law, an inferior court has jurisdiction to grant
exemplary damages within the court's jurisdiction is
provisional remedies in proper cases. These proper cases (6) Power of Court in Ejectment Case to Decide Issue of
permissible.
wouldbe: Builder in Good Faith. As an incident to the main issue of
(c) Summary judgment is proper where payments of rents possession de facto the inferior court can decide if the
a. Preliminary
attachment
under Rule 57, provided anddefaultareadmitted. defendant has built on the land a substantial and valuable
the principal action is
within
its
jurisdiction,
such
as
building and there is no dispute
between the parties
as to
the
anactionofforcibleentryandunlawfuldetainer.
ownership of the land and building, their rights according to
theCivilCode.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 95of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 96of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 97of232
policy requires should be kept private, as for example the
Unlawful interference with judicial process is also 4. On the date of the hearing,
the
court
shall
proceed
to
secretsofthejuryroom,orproceedingsincamera.
contempt,suchas investigate the charge and consider the answer or
(10) Publications after judgment is final. Criticisms of courts testimonywhichtheaccusedmaymakeoroffer;and
(a) procuring unlawfully the arrest of a person for the
afteracaseisfinallydisposedofdoesnotconstitutecontempt
purpose of preventing him from testifying as a 5. If found guilty of contempt, he shall be punished
However, one may still be cited for contempt of court even witness,or accordingly.
after a case had ended, where such punitive action is necessary
(b) any unlawful interference with the possession of a (3) Information need not be filed. Although contempt
to
protect the court
and its dignity and to vindicate it from acts
receiverorofanassignee. proceedings are in their nature
penal,
no
procedural necessity
or
conduct intended or
calculated to
degrade, ridicule or
bring
exists for the filing of separate criminal cases, as the acts
the court into disfavor and thereby erode or destroy public (c) And
the
attorney
on
whose advice such interference is
complainedofareincidentsinthesameproceedings.
confidenceinthatcourt. committedisalsoguiltyofcontempt.
(4) Satisfying the Requirements of Due Process. Summing up,
(11) Thus, the GENERAL RULE is that in case of a post-litigation NOTESONCONTEMPTPROCEEDINGS
the procedural requisites
before
the
accused
may be
punished
newspaper publication, fair criticism of the court, its (1) Two modes of commencing proceedings for indirect forindirectcontempt:
proceedingsanditsmembers,areallowed.E XCEPT contempt:
(a) a complaint in writing which may either
be
a motion
(a) where it
tends
to
bring
the
court
into
disrespect
or,
in
(a) It may be initiated motu proprio by the court for contempt
filed by
a party or an order issued by the
otherwords,tos candalizet hecourt;OR
againstwhichthecontemptwascommitted. court requiring a person to appear and explain his
(b) where there is a clear and present danger that conduct;and
(b) In all other
cases,
charges
for
indirect
contempt
shall
theadministrationofjusticewouldbeimpeded. becommencedbyav erifiedpetition. (b) an opportunity for the person charged to appear and
(12) Criticisms by lawyers. The rule now is post litigation explainhisconduct.
If
the contempt charges arose out of or are related to a principal
utterances or publications, made by lawyers, critical of the action pending in the court, the petition for contempt shall (5) Contempt by non-party. Generally no contempt is
courts and their judicial actuation, whether amounting to a allege that fact but said petition shall be docketed,
heard
and committed by
one
not
a
party
to
the
case.
The
remedy
against
crime or not, which transcend the permissible bounds of fair decided separately, unless the court in its discretion orders suchpersoniseitheracivilorcriminalaction.
comment and legitimate criticism and thereby tend to bring the consolidation of the contempt charge and the principal
them into disrepute or to subvert public confidence in their actionforjointhearinganddecision. However, persons who
are
not
parties in
a proceeding may be
integrity and in the orderly administration of justice constitute declared guilty of contempt for willful violation of an order
graveprofessionalmisconduct. (2) Procedure. Briefly, the procedure for the punishment of a issued in a case
if
said
persons are
guilty of
conspiracy with
person
alleged
to
have committed an act
amounting to indirect anyoneofthepartiesinviolatingtheCourt'sorder.
(13) Any abuse of legal process
or
proceeding
is
also
contempt contemptareasfollows:
undersubdivision(c)
1. A charge must be filed and a copy thereof furnished Section 5. Where charge to be filed. — Where the charge for indirect
(a) As when a person who is not a pauper
alleges
under the person who must be given the opportunity to contempt h as b een committed against a Regional Trial Court or a court
oathtobesuchinordertoavoidpaymentofcosts. answerandbeheard; of equivalent or h igher rank, or against an officer appointed by it, the
(b) The institution of fictitious suits
merely
to
obtain
an chargemayb ef iledwithsuchcourt.
2. The charge shall be filed with the court o
r judge
opinionofthecourt, against whom the alleged contemptuous act was Where such contempt h as b een committed against a lower court, the
charge may b e f iled with the Regional Trial Court of the place in which
(c) an
application
for
continuance
of trial on a pretense of committed.
the lower court is sitting; b ut the proceedings may also b e instituted in
sickness. 3. The accused may be released on bail pending the such lower court subject to appeal to the RTC of such place in the same
hearingofthecharge; mannerasprovidedinsection11ofthisRule.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 98of232
(1) Authority of Appellate Court. The rule, as now accepted is Section 12. Contempt against quasi-judicial entities. — Shall apply to Rule107.Absentees
that where the entire case has already been appealed, contempt committed against persons, entities, b odies or agencies Rue108.CancellationorCorrectionofEntriesintheCivil
jurisdiction to punish for contempt rests with the appellate exercising q uasi-judicial f unctions, or shall h ave suppletory effect to such Registry
court where the appeal completely transfers the proceedings rules as they may h ave adopted pursuant to authority granted to them by
Rule109.AppealsinSpecialProceedings
thereto or
where there
is
a tendency
to
affect
the
status quo or law to punish for contempt. The RTC of the place wherein the contempt
has b een committed shall h ave jurisdiction over such charges as may b e
otherwiseinterferewiththejurisdictionoftheappellatecourt.
filedtherefor. Special Proceedings is an application or proceeding to
(2) When double jeopardy exists. A contempt charge partakes of establish the status or right of a party, or a particular fact,
the nature of a criminal action even where the action generally commenced by application, petition or special form of
complained of is an incident of a civil
action. An appeal
does
SPECIALPROCEEDINGS pleadingasmaybeprovidedforbytheparticularruleorlaw.
not lie
from an order dismissing a charge of contempt of court.
SubjectMatterandApplicabilityofGeneralRules
The denial of the motion for
contempt on grounds of failure of SubjectMatterandApplicabilityofGeneralRules
movants to
appear and prosecute such motion is
equivalent to SettlementofEstateofDeceasedPersons
ajudgmentofacquittal. Rule73. VenueandProcess Rulesofspecialproceedingsareprovidedforinthefollowingcases:
Civil contempt cannot be a basis for second jeopardy. But Rule74. SummarySettlementofEstates (a) Settlementofestateofdeceasedpersons;
criminalcontemptcouldbeadifferentmatter. Rule75. ProductionandProbateofWill (b) Escheat;
An
acquittal in
contempt
proceedings being in nature penal "its Rule76. AllowanceorDisallowanceofWill (c) Guardianshipandcustodyofchildren;
denial after
trial
amounts
to
a virtual
acquittal
from
which an Rule77. AllowanceofWillProvedOutsideofthePhilippines
(d) Trustees;
appealwouldnotlie." Rules78-85.LettersTestamentaryandAdministration;
ExecutorsandAdministrators (e) Adoption;
(3) Multiple Appeal Allowed. An Appeal from a judgment for
indirect contempt may be prosecuted without waiting for the Rule86. ClaimsAgainsttheEstate (f) Rescissionandrevocationofadoption;
termination of the principal case, just as in contempt Rule87. ActionsbyandagainstExecutorsandAdministrators (g) Hospitalizationofinsanepersons;
committedinspecialproceedings.
Rules88-89.PaymentoftheDebtsoftheEstate;Encumbrances
(h) Habeascorpus;
(4) Appeal lies from a verdict of acquittal in civil contempt. onPropertyofDecedent
Where the contempt is civil in nature, it does not constitute Rule90. DistributionandPartitionofEstate (i) Changeofname;
doublejeopardy.
Rule91. Escheats (j) Voluntarydissolutionofcorporations;
(5) Availability of libel as additional remedy not a bar to GeneralGuardiansandGuardianship (k) Judicial approval of voluntary recognition of minor natural
contempt. The availability, however, of the power to punish for
Rules92-97.Guardianship children;
contempt does
not
and will
not
prevent a prosecution for libel,
either before, during, or after the institution of contempt Rule98. Trustees (l) Declarationofabsenceanddeath;
proceedings. Rules99-100.AdoptionandCustodyofMinors (m) Cancellationofcorrectionofentriesinthecivilregistry.
(6) Contempt Not
Res Judicata to
Disbarment. Moreover, it
has Rule101.HospitalizationofInsane
NB: The list under Sec 1, Rule 72 is NOT EXCLUSIVE. Any petition
been held that the imposition of the fine as a penalty in a Rule102.HabeasCorpus which has for
its
main
purpose the
establishment of
a status, right or a
contempt proceeding is not considered res judicata to a WritofAmparo particularfactmaybeincludedasaspecialproceeding.
subsequentchargeforunprofessionalconduct.
WritofHabeasData Assuch,thefollowingarealsospecialproceedings:
Rule103-105.ChangeofName
1. Liquidationproceedings;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 99of232
a) §10, Rule 85 in reference to the time and place of 4. Is
certification against forum shopping required in special 1. The residence of the decedent at the time of his death is
examining and allowing the
account of the executor or proceedings? YES. In the absence of special provisions, rules determinativeofthevenueoftheproceeding.
administrator; in ordinary actions may be applied in special
proceedings
as
2. Venue is NOT jurisdictional. The question of residence is
b) §7(b), Rule 89 concerning the petition to authorize much as possible and where doing so would not pose an
determinative only of the venue and does not affect the
the executor or administrator to sell personal estate, or obstacle to said proceedings which includes the requirement of
jurisdictionofthecourt.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 100of232
3. If decedent was a resident of the Philippines, venue is laid 5. The rule that the determination of a decedent's lawful heirs 5) Determinethefollowing:
exclusively in the province of
his residence at
the
time
of his should be made in the corresponding special proceeding
a) Heirsofthedecedent;
death. precludes the RTC, in an ordinary action for cancellation of title
and reconveyance, from granting the same. (Heirs of Ypon v. b) Recognitionofnaturalchild;
Residence means
his
personal,
actual,
or physical
habitation,
Ricaforte) c) Validityofthedisinheritanceeffectedbytestator;
hisACTUALresidenceorplaceofabode.
6. However, in Treyes
v.
Larlar, G.R.
No.
232579,
September
8, d) Status
of
a woman
who
claims to be the lawful wife of
4. It is only where the decedent was a nonresident of the
2020 thedecedent;
Philippines at the time of his death that venue lies in any
provinceinwhichhehadanestate. Unless there is a pending special proceeding for the e) Validityofwaiverofhereditaryheirs;
settlement of the decedent's estate or for the
ExtentofJurisdictionofProbateCourt f) Statusofeachheir;
determination of
heirship, the
compulsory or
intestate heirs
1. The main function of a probate court is to settle and may commence an ordinary civil action to declare the nullity of g) Whatever property in inventory is conjugal or
liquidate the
estates of deceased persons either summarily a
deed
or instrument, and for recovery of property, or any other exclusivepropertyofdeceasedspouse;and
orthroughtheprocessofadministration. action
in the enforcement of their ownership rights acquired by
virtue of succession, without the necessity of a prior and h) Matters incidental or collateral to the settlement
and
2. The
probate court exercises limited jurisdiction, thus it has NO distributionoftheestate.
power to
take cognizance of
and
determine the issue of title to separatejudicialdeclarationoftheirstatusassuch.
property claimed by a third person adversely to
the
decedent The ruling of the trial court shall only be in relation to the
unless the claimant and all other parties who have legal cause of action of the ordinary civil action, i.e., the nullification Rule74. SummarySettlementofEstates
interest in the
property
consent, expressly
or
impliedly, to
the of a deed or instrument, and recovery or reconveyance of
submissionofthequestiontotheprobatecourt. property, which ruling is
binding only between and among Summary settlement of estate is a judicial proceeding wherein,
theparties. without the appointment of executor or administrator, and without
In that case, if the probate court allows the introduction of
delay,thecompetentcourtsummarilyproceedsto
evidence on ownership it is for the SOLE purpose of 7. May the probate court pass upon the title
of
the
property
determining whether the subject properties should be with FINALITY? IT MAY. Where the interested parties are
the a) valuetheestateofthedecedent;
included in the inventory, which is within the probate heirs who have
all
appeared in
the proceeding and the rights of b) ascertainhisdebtsandorderpaymentthereof;
court’scompetence. third parties are not impaired (Munsayac-De Villa v. CA,
2003). c) allowhiswillifany;
The determination is only provisional subject to a proper
actioninaseparateactiontoresolvethetitle. PowersandDutiesofProbateCourt d) declare his heirs, devisee and legatees; and distribute his
net
estate among his known heirs, devisees, and legatees, who
3. The jurisdiction
of the
probate
court
merely
relates
to
matters Thepowersanddutiesofaprobatecourt: shall thereupon be entitled to receive and enter into the
havingtodowith possession of the parts of the estate so awarded to them,
1) Distributeshares;
a. thesettlementoftheestateandtheprobateofwills, respectively.
2) Determinethelegalheirs;
b. the appointment and removal of administrators, ExtrajudicialSettlementbyAgreementbetweenHeirs
3) Issue warrants and processes to secure attendance of
executors,guardiansandtrustees. 1. The parties may, without securing letters of administration,
witnesses;
4. The question of ownership is, as a rule, an extraneous divide the estate
among themselves as
they see fit by means of
4) Determine and rule upon issues relating to the settlement of the a
public instrument filed in the office of the register of deeds,
matterwhichtheprobatecourtc annotresolvewithfinality.
estate, such as administration, liquidation, and distribution and should they
disagree, they may do so in an ordinary action
oftheestate;and ofpartition.Thiscanbedoneif:
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 101of232
a. Intestate—t hedecedentleftnowilland 4) The partition was made by means of a public 5. If
on the date of the expiration of the period of two (2) years the
instrument or affidavit
duly
filed
with
the
Register
of personauthorizedtofileaclaimis
b. Nodebtsand
Deeds;and
a. aminoror
c. Theheirsareallofage,or
5) The fact of the extrajudicial settlement or
b. mentallyincapacitated,or
d. The minors are represented by their judicial or
legal administration shall be published in a newspaper of
representativesdulyauthorizedforthepurpose. generalcirculation. c. isinprisonor
2. Thepartiestoanextrajudicialsettlement,whether Two-yearPrescriptivePeriod d. outsidethePhilippines,
a. bypublicinstrumentor 1. It shall be presumed that the decedent left no debts if no he may present his claim within one (1) year after such
creditor files a petition for letters of administration within two disabilityisremoved.
b. bystipulationinapendingactionforpartition,or
(2)yearsafterthedeathofthedecedent. AffidavitofSelf-AdjudicationbySoleHeir
c. the sole heir who adjudicates the entire estate to
himselfbymeansofanaffidavit 2. If it shall
appear at
any
time
within two (2)
years
AFTER the If
there
is
only
one
heir, he
may adjudicate to
himself the entire estate
settlement and distribution of an estate, that an heir or
other bym eansofana
ffidavitf iledintheofficeoftheregisterofdeeds.
shall file,
simultaneously
with
and as
a condition precedent to person has been
unduly
deprived of
his
lawful participation in
thefilingoftheabovementioned, the estate, such heir or such other person may compel the SummarySettlementofEstatesofSmallValue
a. a
BOND in an amount equivalent to the value of the settlement of the estate in the courts for the purpose of 1. Whenever the gross value of the estate of a deceased person,
personalpropertyinvolvedand satisfyingsuchlawfulparticipation. whether he died testate or intestate, does not exceed ten
3. And if within the same time of
two (2) years, it
shall appear thousand pesos (P10K), and that fact is made to appear to the
b. conditioned upon the payment of any just claim
that
that there are debts outstanding against the
estate which have RTC having jurisdiction of the estate by the petition of an
maybefiledunderSection4ofthisRule.
not
been paid,
or
that an
heir
or other
person has
been unduly interested person and upon hearing, which shall be held not
3. The fact
of
the
extrajudicial
settlement or
administration shall deprived of his lawful participation payable in money, the court less
than one (1) month nor
more than three (3)
months
be published in a newspaper of general circulation once a having jurisdiction of
the
estate may, by order for that purpose, from the
date of the last
publication of
a notice which shall be
weekforthreeconsecutiveweeks. after hearing, settle the amount of such debts or lawful published once a week for three (3) consecutive weeks in a
4. No extrajudicial settlement shall be binding upon any
person participation and order how much and in what manner each newspaper of general circulation in the province, and after such
whohasnotparticipatedthereinorhadnonoticethereof. distributee shall contribute in the payment thereof, and may other notice to interested persons
as
the court may direct, the
issue execution, if circumstances require, against the bond or court may proceed summarily, without the appointment of an
5. Extrajudicial partition of the estate shall be valid when executororadministrator,andwithoutdelay,
againsttherealestatebelongingtothedeceased,orboth.
thefollowingconditionsconcur:
Such bond and such real estate shall remain charged with a a. to grant,
if
proper,
allowance
of
the
will, if
any
there
1) Thedecedentleftnowill; be,
liability to
creditors, heirs,
or other
persons for the full period
2) The decedent
left
no
debts,
or
if
there
were
debts
left, of two (2) years after
such distribution, notwithstanding any b. to determine who are the persons legally entitled to
allhadbeenpaid; transfersofrealestatethatmayhavebeenmade. participateintheestate,and
3) The heirs
are
all
of
age
or if they are minors, the latter 4. Section 4, Rule 74 is only applicable to persons who have c. to apportion and divide it among them after the
are represented by their judicial guardian or legal participated or taken part or had notice of extra-judicial payment of
such debts
of the
estate
as
the
court
shall
representative; partition. (Pedrosa v. CA, 353 SCRA 620) There is nothing thenfindtobedue;and
therein which clearly shows a statute of limitation and a bar
againstthirdperson. d. such persons, in their
own right, if
they
are
of
lawful
age and legal capacity, or by their guardians or trustees
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 102of232
2. Where the estate has been summarily settled, the unpaid 4. What is the purpose of the probate of the will? To Rule76. AllowanceorDisallowanceofWill
creditor may, within
the
two-year period, file
a motion in the determinethee xtrinsicv
alidityofthewill.
court wherein such summary settlement
was for the
payment ContentsofPetitionforAllowanceofW ill
5. May
a probate
court
pass upon the intrinsic validity of the
ofhiscredit. will? A
petition
for
the
allowance
of
a will must show, so far as known to the
After the lapse of the two-year period, an ordinary action may petitioner:
GR: NO.
be instituted against the distributees within the statute of (a) The jurisdictional facts — refer to the fact of death of the
limitations,butn otagainstthebond. EXC: If
the
intrinsic
defect
is
apparent from the will,say for
decedent, his
residence
at
the
time
of
his death in the province
instance absolute preterition, then the probate may
3. The action to annul a deed of extrajudicial settlement on the wherethecourtissitting.
pass upon the intrinsic validity of the will.
ground of fraud should be filed within FOUR YEARS from (Nepomuceno v. CA; Nuguid v Nuguid; Cayetano v. (b) The names, ages, and residences of the heirs, legatees, and
thediscoveryofthefraud. Leonides) deviseesofthetestatorordecedent;
4. What is the remedy of an heir who is deprived of one’s WhomayPetitionforProbate;PersonsEntitledtoNotice (c) Theprobablevalueandcharacterofthepropertyoftheestate;
share in the estate because he did not participate, take
1. Any executor, devisee, or legatee named in a will, or any (d) Thenameofthepersonforwhomlettersareprayed;
part,orhadnonoticeofthesettlementofestate?
other person interested in the estate, at any time after the
(e) If
the
will
has
not
been
delivered
to
the
court,
the
name
of
the
An
heir may file
an
action for reconveyance within ten
(10) deathofthetestator.
personhavingcustodyofit.
years, which is
based on
an implied trust (Teves v. CA). This
implied or constructive trust is an obligation created by law, 2. The testator himself may, during his lifetime, petition the
But no
defect
in
the
petition shall render void the allowance of the will,
which an interested person may enforce within 10 year courtfortheallowanceofhiswill.
or the issuance of letters testamentary or of administration with the will
prescriptive period. This prescriptive period shall commence If the testator asks for the allowance of his own will,
notice annexed.
upon the
issuance of
a new title over
the
property (Marquez v. shallbesentONLYtohiscompulsoryheirs.
Howisalostordestroyedwillproved?
CA, 300 SCRA 653) or from actual notice in case of unregistered
3. What are the jurisdictional facts? They refer to
the fact
of
deed(Neriv.HeirsofUy,October10,2012). a) Byprovingitsexecutionandvalidity;
death, his residence at the time of his death in the province
where the
probate court is
sitting, or if
he
is
an
inhabitant of a
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 103of232
b) Will is
shown to
have been in existence at the time of the death That which is granted in the jurisdiction of the decedent’s d) Any residue shall be disposed of as provided for
ofthetestator; domicile is termed the principal administration, while any estates in the Philippines belonging to persons who do
otheradministrationistermeda ncillarya dministration. notresideinthecountry(Section4).
c) It
was
fraudulently
or
accidentally
destroyed
in
the
lifetime
of
thetestatorwithouthisknowledge;
Rule77. AllowanceofWillProvedOutsideofthe Rules78-85. LettersTestamentaryandAdministration;
d) The provision of the will must be proved by two credible
Philippines ExecutorsandAdministrators
witnesses(Section6).
GroundsforDisallowance 1. Whatmustbeproved? Letters
testamentary is the appointment issued by a probate court,
after
the will
has been admitted to probate, to the executor named in the
Thewillshallbedisallowedi nanyofthefollowingcases: a. The due execution of the will in accordance with
will to administer the estate of the deceased testator, provided the
(a) Ifnotexecutedandattestedasrequiredbylaw; foreignlaw;
executor named in the
will
is
competent, accepts the trust and gives
(b) If the testator was insane, or
otherwise
mentally
incapable
to b. Thetestatorisaresidentofaforeigncountry; abond.
makeawill,atthetimeofitsexecution; c. The will
has
been
admitted
to
probate and allowed by WhenandtoW homLettersofAdministrationGranted
(c) If it was executed under duress, or the influence of fear, or aprobatecourt;
1. Who are incompetent to serve as executors o r
threats; d. The laws of the foreign country on procedure and administrators. — No person incompetent to serve as
(d) If it was procured by undue and improper pressure and allowanceofwill. executororadministratorwho:
influence, on the part of the beneficiary, or of some other 2. Is
it
necessary that the will
executed in foreign country be (a) Isaminor;
personforhisbenefit; probated first in that country before it may be probated
(b) IsNOTaresidentofthePhilippines;and
(e) If the signature of the
testator
was
procured
by
fraud
or
trick, here in
the Philippines? NO. It is
not
required. Our laws do
not prohibit the
probate of
wills
executed by foreigners abroad (c) Is
in the opinion of the court unfit to execute the duties
and
although the same have not as yet been probated and allowed in of the trust by
reason
of
drunkenness, improvidence,
(f) If the testator acted by mistake or did not intend that the the countries of their execution. A foreign will can be given or want of
understanding or
integrity, or
by
reason
of
instrument should be
his will at the time of fixing his signature legal effects in our jurisdiction. Article 816 of the Civil Code convictionofanoffenseinvolvingmoralturpitude.
thereto. states that
the
will
of
an
alien who is abroad produces effect in 2. Executor of executor not to administer estate. — The
Reprobate;EffectsofProbate the Philippines if made in accordance with the formalities executor of
an
executor
shall not, as such, administer the estate
prescribed by the law of the place where he resides, or ofthefirsttestator.
1. Wills proved and allowed in a foreign country, according to the according to the formalities observed in his country
laws of such country, may be allowed, filed,
and
recorded by (Palaganasv.Palaganas) 3. Married women may
serve.
— A married woman may serve
theproperRTCinthePhilippines. as executrix or administratrix, and the marriage of a single
3. Whataretheeffectsofadmissionoftheforeignwill? woman shall not affect her authority so to serve under a
2. The general rule is that administration extends only to
the
assets of the decedent found within the state or country a) The
court
shall
grant
letters
testamentary
or
letters of previousappointment.
where it was granted, so that
an
administrator appointed in administrationwiththewillannexed. 4. Where some co-executors disqualified others may act. —
one
state
or
country has no power over the property in another b) The said letters shall extend only to the testator’s When ALL of the executors named in a will can not act
stateorcountry. estatelocatedinthePhilippines. because of
incompetency, refusal to
accept the
trust,
or
failure
3. Ancillary Administration. When a person dies intestate to give bond, on the part of one or more of them, letters
c) The
estate
shall
be disposed of following the will after
owning property in the country of his domicile as well
as
in testamentary may issue to such of them as are competent,
justdebtsandexpensesofadministrationarepaid.
foreigncountry,administrationshallbehadinbothcountries.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 104of232
accept and give bond, and they may perform the duties and examine and take copies of, books and papers relating to the
2) where justice and equity demand that opposing parties
dischargethetrustrequiredbythewill. partnership business, and make examine and
make invoices of
or factions be represented in the management of the
the property belonging to such partnership; and the
surviving
5. When and to whom letters of administration granted. estateofthedeceased;
partner or partners, on request, shall exhibit to him all such
Order of Preference — If
no
executor is
named in the will, or
3) where the estate is large or, from any cause, an books,papers,andpropertyintheirhandsorcontrol.
the executor or executors are incompetent, refuse
the
trust,
or
intricateandperplexingonetosettle;
fail to give bond, or a person dies intestate, administration 4. To keep buildings in repair. — Shall maintain in tenantable
shallbegranted: 4) to have all interested persons satisfied a nd the repair the
houses and
other structures and fences belonging to
representatives to work in harmony for the best the estate, and deliver the same in
such repair
to the heirs
or
(a) To the surviving husband or wife, as the
case
may
interestsoftheestate; deviseeswhendirectedsotodobythecourt.
be, or next of kin, or both, in the discretion of the
court, or
to
such person as such surviving husband or 5) when a person entitled to the administration of an 5. To retain whole estate to pay debts, and to administer
wife, or next of kin, requests to have appointed, if estate desires to have another competent person estate not
willed. — Shall have the right to the possession and
competentandwillingtoserve; associated with him in the office (Suntay III, v. management of the real as well as the personal estate of the
Cojuangco-Suntay,2012) deceased so
long as it is necessary for the payment of the debts
(b) If
such
surviving husband
or
wife, as the case may be,
8. Next of Kin. — The "next of kin" has been
defined as
those andtheexpensesofadministration.
ornextofkin,orthepersonselectedbythem,
persons who are entitled under the statute of distribution to the 6. An administrator of an intestate cannot exercise the right of
(i) beincompetentorunwilling,or
decedent's property. It
is
generally said that "the nearest of kin, legal redemption over a portion of the property owned in
ifthehusbandorwidow,ornextofkin, whose interest in
the
estate is
more
preponderant, is preferred common sold by one of the
other
co-owners since
this is
not
in the choice of
administrator. Among members of a class the withinthepowersofadministration.
(ii) neglects for
thirty (30) days after the death of
strongest ground for preference is the amount or
the person to apply for administration or to 7. Where the estate
of
a deceased
person is
already the subject of
preponderance of
interest. As
between next of kin, the nearest
request that administration be granted to a
testate or intestate proceeding, the administrator cannot enter
ofkinistobepreferred.”(V enturav.Ventura)
someotherperson, into
any transaction involving
it
without any prior approval of
9. Interested Party. — One who would be benefited in the estate, theCourt.
it may be granted to one or more of the principal
such as
an
heir,
or
one
who has a claim against the estate, such
creditors,ifcompetentandwillingtoserve; 8. The right
of
an
executor or administrator to the possession and
ascreditor(Q uiazonv.Belen,G.R.No.189121,July31,2013).
(c) If there is no such creditor competent and
willing to management of the real and personal properties of the deceased
PowersandDutiesofExecutorsandAdministrators;
is not absolute and can only be exercised so long as it is
serve, it
may be granted
to
such
other
person as the
RestrictionsontheirPowers(Rule84) necessary for the payment of the debts and expenses of
courtmayselect.
1. An EXECUTOR is the person nominated by
a testator
to
carry administration.
6. In determining who
should
be
appointed as administrator, the
out
the
directions and requests in his will and to dispose of his AppointmentofSpecialAdministrator
primary consideration is the interest in the said estate of
property according to his testamentary provisions after his
theonetobeappointed. 1. When there is delay in granting letters testamentary or of
death.
7. May co-administrators be appointed? YES, under the administration by any cause including an appeal from the
2. An ADMINISTRATOR is a person appointed by the court, in allowance or disallowance of a will, the court may
appoint
a
followinginstances:
accordance with
the
governing statute, to administer and settle special administrator to take possession and charge of the
1) to have the benefits of their
judgment
and
perhaps
at intestate estate and such testate estate as no competent estate
of
the
deceased until the questions causing the delay are
alltimestoh avedifferentinterestsrepresented; executorwasdesignatedbythetestator. decidedandexecutorsoradministratorsappointed.
3. To have access to partnership books and property. How 2. When the executor or administrator is a claimant against the
right enforced. — Shall at all
times
have
access
to,
and
may estateherepresents.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 105of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 106of232
ActionsthatmaybebroughtagainstExecutorsand
4) The executor or
administrator has
shown to
have
no
desire
to If the estate is insolvent, the debts shall be paid in the following
Administrators file the action or failed to institute the same within a manner:
reasonabletime;
1. No
action
upon
a claim for the
recovery of money or debt or 1) Pay the debts in accordance with the preference of credits
interest thereon shall be commenced against the executor or 5) Leavei sgrantedbythecourttothecreditortofiletheaction; establishedbytheCivilCode(§7);
administrator.
6) Abondisfiledbythecreditor; 2) No creditor of any one class shall receive any payment until
2. Anactionto thoseoftheprecedingclassarepaid(§8);
7) The action by the creditor is in the name of the executor or
a. recover real or personal property, or an interest administrator. 3) If there are no assets sufficient to pay the credits of any one
therein, from the estate, or to enforce a lien thereon, class of
creditors, each creditor within such class shall be paid
and Rules88-89. PaymentoftheDebtsoftheEstate; adividendinp roportiont ohisclaim(§8);
b. recover damages for an injury to person or EncumbrancesonPropertyofDecedent 4) Where the deceased was a nonresident, his estate in the
property,realorpersonal, Philippines shall
be
disposed
of in such a way that creditors in
Ifthereares ufficientproperties,thedebtsshallbepaid,thus: the Philippines
and elsewhere may receive an
equal share
in
maybecommencedagainsttheexecutororadministrator.
1) All debts shall be paid in full within the time limited
for
the proportiont otheirrespectivecredits(§9);
3. When the action is for recovery of money arising from purpose(§1); 5) The owner of claims duly proved against the estate of an
contract, express or implied, and the defendant dies before
2) If the testator makes provision by his will, or designates the insolvent residents
shall
be entitled to a just distribution of the
entry of final judgment in the court in which the action was
estate to
be
appropriated for the payment of debts they shall be estate in
accordance with
the
preceding rules if the property of
pending at
the time of
such death, it shall not be dismissed but
paid according to the provisions of the will, which must be such deceased person in another country is likewise equally
shall instead be allowed to continue until entry of final
respected(§2); apportioned to the creditors residing in the Philippines and
judgment. A favorable judgment obtained by the plaintiff
othercreditors,accordingtotheirrespectiveclaims(§10);
therein shall be enforced in
the
manner especially provided
in 3) If the estate
designated in
the
will
is
not
sufficient, such
part
these Rules for prosecuting claims against the estate of a of the estate
as
is
not disposed of by will shall be appropriated 6) It must be noted that the payments of debts of the decedent
deceasedperson. forthepurpose(§2); shallbemadepursuanttotheorderoftheprobatecourt(§11).
RequisitesbeforeCreditorsmaybringanActionforRecovery
4) The personal estate not disposed of by will shall be first On granting letters testamentary or administration the court shall allow
ofPropertyFraudulentlyConveyedbytheDeceased chargeablewithpaymentofdebtsandexpenses(§3); to the executor or administrator a time for
disposing of
the
estate and
paying the debts and legacies of the deceased, which shall not, in the
1) There
is
a deficiency
of
assets
in
the
hands
of
an
executor
or 5) If the personal estate is not sufficient, or its sale would be
first instance, exceed one (1) year; but the court may, on application
administrator for the payment of debts and expenses of detrimental to
the participants of the estate, the real estate not
administration; of
the executor or
administrator and after hearing on
such notice of the
disposed of by will shall be sold or encumbered for that
time and place therefor given to all
persons interested as it shall direct,
2) The
deceased in
his
lifetime
had made or attempted to
make a purpose(§3);
extend the time as the circumstances of the estate require not
fraudulent conveyance of his real
or
personal property,
or a 6) Any deficiency shall be met by
contributions from
devisees, exceeding six (6)
months for a single extension nor
so that the whole
right or interest therein, or a debt or credit, with intent to legatees and heirs who have entered into possession of period allowed to the original executor or administrator shall exceed
defraudh iscreditorsortoavoidanyright,debtorduty; portions of
the estate before debts and expenses have been paid two(2)years(§15).
3) The subject of the attempted conveyance would be liable to (§6);
attachmentbyanyoftheminhislifetime; 7) Retain
sufficient
estate
to
pay
contingent
claims
when
the Rule90. DistributionandPartitionofEstate
samebecomesabsolute(§4).
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 107of232
sum to be fixed by the court, conditioned for the
payment
of
Before there could be a distribution of the estate, the following two Escheat is a proceeding whereby the real and personal property of a
saidobligationswithinsuchtimeasthecourtdirects.
stagesmustbefollowed: deceased person in
the
Philippines,
who
died
without
leaving
any
will
ProjectofPartition orlegalheirs,becomesthepropertyofthestateuponhisdeath.
1) Payment of obligations (liquidation of estate) — under the
Rules, the distribution of a decedent‘s assets may only be 1. Project of partition is a document prepared by the WhentoF ile;Requisites
orderedunderanyofthefollowingthreecircumstances: executor or
administrator setting forth the manner in which the
1. Whenapersondiesintestate,
a. whenthei nheritancetax,amongothers,ispaid; estateofthedeceasedistobedistributedamongtheheirs.
2. SeizedofrealpropertyinthePhilippines,
b. when a sufficient
bond
is
given
to
meet
the
payment 2. If the estate is a testate estate, the project of partition must
conform to the terms of the will; if intestate, the project of 3. Leavingnoheirorpersonbylawentitledtothesame,
oftheinheritancetaxandallotherobligations;and
partition must be in accordance with the provisions of the Civil the Solicitor General or his representative in behalf of
the Republic of
c. when the payment of the said tax and all other Code. the
Philippines, may file a petition in the RTC of the province where the
obligationshasbeenprovidedfor;and
RemedyofanHeirEntitledtoResiduebutnotGivenhisShare deceased last resided or
in which he had estate,
if
he resided out of the
2) Declaration of heirs — there must first be a declaration of Philippines, setting forth the facts, and praying that the estate of the
heirs to
determine to
whom the residue of the estate should be 1. The better practice for the heir who has
not received his share
deceasedbedeclarede scheated.
distributed. A separate action for
the declaration of heirs is not is to demand his share through a proper motion in
the
same
proper. probate administration proceedings, or for reopening of the May
or the
court declare a person presumptively dead in an escheat
probate or administrative proceedings if it had already been proceeding? Y
ES. (
T
an v
.C
ity o
fD
avao )
Liquidation closed, and not through an independent action, which would be RemedyofRespondent;PeriodforF ilingaClaim
1. Whenorderfordistributionofresiduemade.—Whenthe triedbyanothercourtorjudge.
1. If a devisee, legatee, heir, widow, widower, or other person
a. debts, 2. It has been held that an order which determines the distributive entitled to such estate appears and files a claim thereto with the
share of the heirs of a deceased person is appealable. If not court within five (5) years from the date of such judgment,
b. funeralcharges,and appealedwithinthereglementaryperiod,itbecomesfinal. such person shall have possession of and title to the same, or if
c. expensesofadministration, 3. The Court allowed the continuation of a separate action to sold, the municipality or city shall be accountable to him for
d. theallowancetothewidow,and annul t
he p
roject o
f
p
artition b
y a
p
reterited h
eir, s
ince t
he
the p roceeds after d educting r easonable c harges for
t he c are
of
estate proceedings have been closed and terminated for over the e
state.
e. inheritancetax,ifany,chargeabletotheestate, 2. A claim not made within the said time shall be forever
threeyears,andonthegroundoflesion,preteritionandfraud.
have been paid, the court, upon application, and after
hearing barred.
InstanceswhenProbateCourtmayIssueaWritofExecution
upon notice, shall assign the residue of the estate to the KindsofEscheat
personsentitledtothesame. 1. To satisfy the contributive shares of devisees, legatees and
heirsinpossessionofthedecedent‘sassets; 1. UnderSection1,Rule91;
If there is a controversy before the court as to who are the
lawful heirs of the deceased person or as the distributive 2. Toenforcepaymentofexpensesofpartition;and 2. Under Section 5, id., — reversion of property alienated in
shares to which each person is entitled under the law, the violationoftheconstitutionorlaw
3. To satisfy the costs when a person is cited for examination in
controversyshallbeheardanddecidedasinordinarycases. probateproceedings. 3. Under Act 3936 — Unclaimed balances in
the bank — credits
No distribution shall be allowed until the payment of the anddepositsinfavorofpersons
obligations above mentioned has been made or provided for, Rule91. Escheats a. knowntobedead,or
unless the distributees, or any of them, give
a BOND, in
a
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 108of232
b. who have not made further deposits or withdrawals c) Judicial — those who are appointed by the court in SellingandEncumberingPropertiesofWards
duringtheprecedingt enyearsormore. pursuance to law, as guardian for insane persons,
1. Petition of guardian for leave to
sell
or
encumber estate.
prodigals, minor heirs or deceased was veterans and
— When the income of the estate under guardianship is
otherincompetentpersons.
GeneralGuardiansandGuardianship insufficient
a. tomaintainthewardandhisfamily,or
Guardianship is the power of protective authority given by law and Rules92-97. Guardianship
imposed on an individual who is free and in the enjoyment of his rights, b. tomaintainandeducatethewardwhenaminor,or
over one whose weakness on account of his age or other infirmity GeneralPowersandDutiesofGuardians
c. when it appears that it is for the benefit of the
ward
rendershimunabletoprotecthimself. a) To have care and
custody
over
the
person
of
his
ward,
and/or that his real estate or some part thereof be sold, or
guardian is a person lawfully invested with power and charged with
A themanagementofhisestate(§1); mortgaged or otherwise encumbered, and the proceeds
the duty
of
taking care of a person who for some peculiarity or status or b) Topayjustdebts(§2); thereof put out at interest, or invested in some
defect of age, understanding or self-control is considered incapable of productive security, or in the improvement or security
c) To bring or defend suits in behalf of the ward, and, with the ofotherrealestateoftheward.
administeringhisownaffairs.
approval of
the court,
compound for debts and give discharges
NB: Publication is NOT required in a petition for appointment of tothedebtors(§3); 2. The
original bond of the guardian shall stand as security for the
guardians. proper appropriation of
the
proceeds of
the
sale,
but
the
judge
d) To
manage
the
estate
frugally
and
without waste, and apply the may, if deemed expedient, require an additional bond as a
KindsofGuardians: income and profits to the comfortable and suitable conditionforthegrantingoftheorderofsale.
1) Accordingtos copeorextent maintenanceofthewardandhisfamily(§4);
3. No
order
of
sale
granted
shall
continue
in
force more than one
a) Guardian of the person — one who has been e) To sell or encumber the real estate of the ward upon being (1)yearaftergrantingthesame,withoutasalebeinghad.
lawfully invested with
the
care
of
the person of minor authorizedtodoso(§4);
RulesonGuardianshipoverMinors
whose father is dead. His authority is derived
out
of f) To
join
in
an assent to a partition of real or personal estate held
thatoftheparent; bythewardjointlyorincommonwithothers(§5). SeeA
MNo03-02-05-SC
b) Guardian of the property — that appointed by the ConditionsoftheBond 1. The father and the mother shall jointly exercise legal
court
to
have
the
management of
the
estate of a minor guardianship over the person and property of their
a) To file with the court complete
inventory
of
the
estate
of
the unemancipated common child
without the necessity of a court
orincompetentperson;
wardwithin3 months; appointment.
c) General Guardians — those appointed by the court
b) To faithfully execute the duties of his trust to manage and 2. WhomayPetitionforAppointmentofGuardian.—
to have the care and custody of
the
person
and
of
all
dispose of the estate for the
best
interests of
the
ward,
and to
thepropertyoftheward. a. Anyrelativeor
providefortheproperuse,custody,andeducationoftheward;
2) Accordingtothec onstitution b. otherpersononbehalfofaminor,or
c) To render a true account of all the estate, and of the
a) Legal — those
deemed as guardians without need of a managementanddispositionofthesame; c. theminorhimselfiffourteenyearsofageorover,
courtappointment(Art225,FamilyCourt);
d) To settle
his
accounts with
the
court
and
deliver
over
all
the may
petition
the
Family
Court
for
the
appointment of a general
b) Guardian ad litem — those appointed by courts of estateremaininginhishandstothepersonentitledthereto; guardianoverthepersonorproperty,orboth,ofsuchminor.
justice to prosecute or defend a minor, insane or
e) To
perform
all
orders
of
the
court
by him to be performed (§1;
person declared to be incompetent, in an action in
§14,AM03-02-05-SC).
court;and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 109of232
The petition may also be filed by the Secretary of Social a) Topaythejustdebtsoftheward; d. any
other
person, who
in the sound discretion of the
Welfare and Development and by the Secretary of Health in court,wouldservethebestinterestsoftheminor.
b) To settle all accounts of his ward, and demand, sue for,
thecaseofaninsaneminorw honeedstobehospitalized.
receive all
debts due him, or
may, with the approval of the 8. Factors to consider in determining custody. - In awarding
3. WheretoFilePetition.—
court, compound for the same and give discharges to
the custody, the court shall consider the best interests of the
debtor on
receiving a fair
and just dividend of the property minor and shall give paramount consideration to his
a. In the Family Court of the province or city where the
and effects; and
to
appear for
and represent the ward in all materialandmoralwelfare.
minoractuallyresides.
actions and special proceedings, unless another person is
best
The interests of
the minor refer to the totality of the
b. If
he
resides
in
a foreign
country,
with the
Family Court of appointedforthatpurpose;
the province or city where his property or any part circumstances and conditions as are most congenial to the
c) To manage the property of the ward frugally
and
without survival, protection, and feelings of security of the minor
thereofiss ituated.
waste; and if income and profits be insufficient for that encouraging to his physical, psychological and emotional
4. GroundsofPetition.—
purpose, to
sell or
encumber the real or personal property, development. It also means the least detrimental available
a. death,continuedabsence,orincapacityofhisparents; uponbeingauthorizedbythecourttodoso; alternative for
safeguarding the
growth and development of the
d) Toconsenttoapartitionofrealorpersonalproperty; minor.
b. suspension, deprivation or termination of parental
authority; e) To submit to the court a verified inventory of the property Thecourtshallalsoconsiderthefollowing:
c. remarriage of his surviving parent, if the latter is found of his ward within three months after his appointment, a. Any extrajudicial agreement, except when there
is
an
unsuitabletoexerciseparentalauthority;or andannuallythereafter; existing threat
or
danger
of
physical, mental, sexual or
f) To report to the court any property of the ward not emotional violence which endangers the safety and
d. whenthebestinterestsoftheminorsorequire. bestinterestsoftheminor;
includedintheinventory;and
5. QualificationsofGuardians.— b. The desire
and ability
of
one
parent
to
foster
an
open
g) To render to the court for its approval an accounting of the
a. moralcharacter; property one year from his appointment, and every year and loving relationship between the minor and the
thereafterorasoftenasmayberequired. otherparent;
b. physical,mentalandpsychologicalcondition;
7. Who may
be
Appointed Guardian. — In default of parents or c. Thehealth,safetyandwelfareoftheminor;
c. financialstatus;
a court-appointed guardian, the court may appoint a guardian of d. Anyhistoryofchildorspousalabuse;
d. relationshipoftrustwiththeminor; the person
or
property,
or
both,
of
a minor, observing as far as
e. Thenatureandfrequencyofcontactwithbothparents;
e. availability to
exercise
the powers and duties of a guardian practicable,thefollowingo rderofpreference:
forthefullperiodoftheguardianship; f. Habitual use
of
alcohol,
dangerous
drugs
or
regulated
a. the surviving grandparent and in case several
substances;
f. lackofconflictofinterestwiththeminor;and grandparents survive, the court shall select any of
themtakingintoaccountallrelevantconsiderations; g. Maritalmisconduct;
g. abilitytomanagethepropertyoftheminor.
b. theoldestbrotherorsister; h. The most suitable physical, emotional, spiritual,
Courts should NOT appoint persons as
guardians who are
not
psychological and educational environment for the
within the jurisdiction of our courts for they will find it c. theactualcustodian
holisticdevelopmentandgrowthoftheminor;and
difficult to protect the wards. (Vancil v. Belmes, G.R. No. of the minor over twenty-one (21) years of age,
132223,June19,2001) i. The preference of the minor over seven years of
age
unlessu nfitordisqualified;and
and of sufficient discernment, unless the parent
6. Shallperformthefollowingduties:
chosenisunfit.(§14AMNo03-04-04-SC)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 110of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 111of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 112of232
years
of
age,
or
with the assistance of the Department, if he is a
b) if one spouse seeks to adopt his own illegitimate 3) Cancellation of
the
amended
certificate of birth of the
minor,orincapacitated,byhisguardianorcounsel.
child: adoptee and restoration of his/her original birth
The adoption
may
be
rescinded
based
on
any
of
the
following certificate;and
Provided,
however,
That the other spouse has signified
groundscommittedbytheadopter:
hisconsentthereto;or 4) Succession rights shall revert to its status prior to
1) repeated physical and verbal maltreatment by the adoption, but only as of the date of judgment of
c) ifthespousesarel egallyseparatedfromeachother.
adopterdespitehavingundergonecounseling; judicial rescission. Vested rights acquired prior to
In case husband and wife jointly adopt or one
spouse
adopts judicialrescissionshallberespected.
2) attemptonthelifeoftheadoptee;
the illegitimate
child
of
the other,
joint
parental authority shall
Inter-CountryAdoption
beexercisedbythespouses. 3) sexualassaultorviolence;or
1. Governing law
is
Inter-Country
Adoption
Act
of
1995
or
RA
6. Whomaybeadopted.—
Thefollowingmaybeadopted: 4) abandonment or failure to comply with parental
No8043.
obligations.
1) Any person below eighteen (18) years of age who
has been voluntarily committed to the Department Adoption, being
in
the
best
interests
of
the
child,
shall not
be
2. Inter-Country Adoption refers to the socio-legal process
orjudiciallydeclaredavailablef oradoption; subject to rescission by the adopter. However, the adopter of
adopting
a Filipino
child
by a foreigner
or
a Filipino citizen
may disinherit the adoptee for
causes
provided in Article
919 permanently residing abroad where the petition is filed, the
2) The legitimate child of one spouse, by the other supervised trial custody is undertaken, and the decree of
oftheCivilCode.
spouse; adoptionisissuedinthePhilippines.
Venue. — The petition for rescission shall be filed with the
3) An illegitimate child, by
a qualified
adopter
to
raise 3. An application to adopt a Filipino child shall be filed either
Family Court of the city or province where the adoptee
thestatusoftheformertothatoflegitimacy; with the Philippine RTC having jurisdiction over the child,
or
resides.
4) A
person of legal age regardless of civil status, if, prior with the Board, through an intermediate agency, whether
Timewithinwhichtofilepetition.—Theadoptee, governmental or an authorized and accredited agency, in the
to the adoption, said person has been consistently
considered and treated by the adopters as their a) if incapacitated, must file the petition for rescission country of
the
prospective adoptive parents, which application
ownchildsinceminority; or revocation
of
adoptionwithin
five
(5) years after shall be
in
accordance with the requirements as set forth in the
hereachestheageofmajority,or implementingrulesandregulations.
5) A
child whose adoption has been previously rescinded;
or b) if he was incompetent at the time of the adoption, 4. Who may be adopted. — Only a legally free child may
be
within five (5) years after recovery from such adopted.
6) A child whose biological or adoptive parents have
incompetence. a) Below15yearsofage;and
died.
9. EffectsofRescissionofAdoption b) Has been voluntarily or involuntarily committed to
No proceedings shall be initiated within six (6)
monthsfromthetimeofdeathofsaidparents. 1) Parental authority of the adoptee‘s biological theDSWDinaccordancewithPD603.
parent(s), if
known,
or the
legal
custody of the DSWD 5. Whomayadopt.
7) A child not otherwise disqualified by law or these
shall be restored if the adoptee is still a minor or
rules. FILIPINOCITIZENS
incapacitated;
7. Venue. — The petition for adoption shall be filed with the 1) Permanentresidentofaforeigncountry;
2) Reciprocal
rights and obligations of the adopter(s) and
Family Court of the province or city where the prospective
theadopteetoeachothershallbee xtinguished; 2) Has the capacity to act and assume all rights and
adoptiveparentsreside.
responsibilitiesofparentalauthority;
8. Rescission of
Adoption of
the
Adoptee.
— The
petition shall
be verified and filed
by
the
adoptee
who
is
over
eighteen (18) 3) Hasundergonetheappropriatecounseling;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 113of232
alternative
for
safeguarding
the
growth
and development of the
4) Has not been convicted of a crime involving moral b. for
the
welfare
of
said
person
who, in his judgment, is
child.
turpitude; insaneand
⭐Suzukiv.OSG,GRNo212302,2Sep2020
5) EligibletoadoptunderPhilippinelaws; c. such person or the one having charge of him is
Under Philippine jurisdiction, a judicial recognition of a opposed to his being taken to a hospital or other place
6) In a position to provide the proper care and
support
foreign decree of adoption is ALLOWED. It is an established fortheinsane.
and to
give
the necessary moral values and example to
international legal principle that final judgments of foreign courts of
allhischildren,includingthechildtobeadopted; 2. Hearing and judgment. — Upon satisfactory
proof,
in
open
competent jurisdiction are reciprocally respected and rendered
courtonthedatefixedintheorder,
7) Agreestoupholdthebasicrightsofthechild; efficacious subject to certain conditions that vary in different
countries. "In the recognition of foreign judgments, Philippine a. that the commitment applied for is for the public
8) Residing in a country
with
whom
the
Philippines has
courts are
incompetent to
substitute their
judgment on how a case welfareorforthewelfareoftheinsaneperson,and
diplomatic relations and whose government maintains
a similarly
authorized and
accredited
agency
and
that was decided under foreign law." Thus, in a foreign judgment b. that his relatives are unable for any reason to take
adoptionisallowedinthatcountry; relating to the status of adoption involving a citizen of a foreign propercustodyandcareofhim,
country, Philippine courts will only decide whether to extend its
9) Possesses all the qualifications and none of the effecttotheFilipinoparty.Philippinecourtswillonlydetermine: the
court shall
order
his
commitment to such hospital or other
disqualifications provided in the ICAA and in other place
for
the
insane as may be recommended by the Director of
applicablePhilippinelaws; (1) whether the foreign judgment is contrary to an overriding Health.
publicpolicyinthePhilippines;and
10) At 27 years of age at the time of the application;
least The court shall make proper provisions for the custody of
(2) whether any alleging party
is
able to
prove an extrinsic ground property or
money belonging
to
the
insane
until a guardian
be
and
to
repel the foreign judgment, i.e.,
want of
jurisdiction, want of properlyappointed.
11) At
least
16 years older than the child to be adopted at notice to the party,
collusion, fraud, or
clear mistake
of
law or
thetimeofapplication,u nless fact. 3. Discharge of insane. —
When, in
the
opinion
of
the
Director
of
Health, the person ordered to
be
committed to
a hospital or
a) adopted
is
the
parent
by nature of the child to For Philippine courts to judicially recognize a foreign judgment other place for the
insane is temporarily or permanently cured,
beadopted;or relating to the status of an adoption where one of
the
parties
is
a or may be released without danger he may file the proper
b) adopter is
the
spouse
of
the
parent
by
nature citizen of a foreign country, the
petitioner
only
needs to
prove
the petitionwiththeRTCwhichorderedthecommitment.
ofthechildtobeadopted foreignjudgmentasafactundertheRulesofCourt.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 114of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 115of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 116of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 117of232
3) identifywitnessesandtheirstatements; 13. Effect of filing criminal action. A criminal action first
filed b) On the other hand, the issuance of the writ itself
excludes the filing of
the
writ;
relief
shall
be
by
motion in the sets in motion presumptive judicial protection for
4) determine cause, manner, location and time of criminal case. A criminal case filed subsequently shall be thepetitioner.
death or disappearance as well as
pattern
or consolidatedwiththepetitionforthewritofamparo. 1. The court compels the respondents to
practice; appear before a court of law to show
14. Quantum of proof. By substantial evidence. Private
5) identify and apprehend person/s
involved
in whether the grounds for more permanent
respondent to prove ordinary diligence was observed in the
protection and interim reliefs are
thedeath/disappearance; performance of duty. Public official/employee respondent to necessary.
6) bring
suspected
offenders
before a competent prove extraordinary diligence was observed, and cannot invoke
2. The respondents are required to file a
court. the presumption that official duty has been regularly
Return after the issuance of the writ
performedtoevaderesponsibilityorliability.
10. Effects of failure to file return. The court, justice or judge through the clerk of court. The Return
shallproceedtohearthepetitionexparte. 15. What is standard of totality of evidence? It is the serves as the responsive pleading to the
consideration of all the pieces of evidence adduced in their petition. Unlike an Answer, the
Return
has
11. Procedure for hearing. The hearing on the petition shall be totality, and to consider any
evidence otherwise inadmissible other purposes aside from identifying the
summary. However the court, justice or judge may call for a issues in the case. Respondents are also
under our usual rules to
be
admissible if
it
is
consistent
with
preliminary conference to simplify the issues and determine required to detail the actions they had
theadmissibleevidenceadduced.
taken to
determine the
fate or whereabouts
the possibility of obtaining stipulations and admissions from
In
other words, it is the reduction of the rules to the most basic oftheaggrievedparty.
the parties. The hearing shall be from day to day until
completed and given the
same priority
as petitions
for
habeas test of reason — i.e., to the relevance of the evidence to the If the respondents are public officials o r
corpus. issue at hand and its consistency with all other pieces of employees, they are also required to state the
adduced evidence. Thus, even hearsay evidence can be actionstheyhadtaken.
12. Interimreliefsavailablebeforefinaljudgment: admitted if it satisfies this basic minimum test (Razon, Jr. v. 4) There will be
a summary hearing only
after
the
Return is
a) Temporary Protection Order — protected in a Tagitis,December3,2009,606SCRA598) filed to determine the merits of the petition and whether
government agency of by an accredited person or interim reliefs are warranted. If the Return is not
filed,
the
DeLimav.Gatdula,Leonen,J⭐
private institution capable of keeping and securing hearingwillbedoneexparte.
theirsafety; Due to the delicate and urgent nature of these controversies, the
5) After the hearing,
the
court
will
render
the
judgment
within
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 118of232
ten (10) days from the time the petition is submitted for 2. Indigent petitioner is exempted from paying docket and other 5. Effects of failure to file return: The court, justice or judge
decision. lawfulfees. shall proceed to hear the petition ex parte, granting the
a) If the allegations are proven with substantial petitioner such relief as the petition may warrant unless the
3. Contentsofverifiedpetition:
evidence, the court shall grant the privilege of
the courtinitsdiscretionrequirespetitionertosubmitevidence.
writ and such reliefs as may be proper and a) Personalcircumstancesofpetitionerandrespondent;
6. Procedure for hearing: The hearing on the petition shall be
appropriate. It is this judgment that could be subject
b) The manner the right to privacy is violated or summary. However, the court, justice or judge may call for a
toappealtotheSupremeCourtviaRule45.
threatened and how it affects the right to life, liberty or preliminary conference to simplify the issues and determine
6) After the
measures have
served
their
purpose,
the
judgment securityofaggrievedparty; the possibility of obtaining stipulations
and admissions from
willbesatisfied.
c) Actions and recourses taken by petitioner to secure theparties.
The privilege of
the Writ of
Amparo should be
distinguished from thedataorinformation; 7. Effect of filing criminal action: A criminal action
first
filed
the actual order called the Writ of Amparo. The privilege
includes
d) Location of files, registers or databases, government excludes the filing of
the
writ;
relief
shall
be
by
motion in the
availment of the entire procedure outlined in A.M. No. 07-9-12-SC, the
Rule on the Writ of Amparo. After examining the petition and its office, and the person in charge, in possession or in criminal case; A criminal case filed subsequently shall be
attached affidavits, the Return and the evidence presented in the controlofthedataorinformation,ifknown; consolidatedwiththepetitionforthewritofhabeasdata.
summary hearing, the
judgment should detail
the
required acts from
e) Reliefs prayed for, which may include the updating, 8. Quantum of proof: The court shall render judgment within 10
the respondents that will mitigate, if not totally eradicate, the
rectification, suppression or destruction of the days from the time the petition is submitted for decision. If the
violationoforthethreattothepetitioner'slife,libertyorsecurity.
databaseorinformationorfileskeptbyrespondent; allegations are proven by s ubstantial evidence, the court
A
judgment which simply
grants
“the
privilege of the writ” cannot be shall enjoin the act
complained of,
or the deletion, destruction,
executed. The procedural
irregularities in
the
RTC affected
the
mode f) In case of threats, relief may include a prayer for an
or rectification of
the erroneous data or
information and
grant
ofappealthatpetitionersusedinelevatingthemattertothisCourt. orderenjoiningtheactcomplainedof;and
other reliefs as may be just and equitable; otherwise the
g) Suchotherreliefsasarejustandequitable. privilegeshallbedenied.
4. Contentsofreturn: 9. Instances When Petition be
Heard in
Chambers. A hearing
WritofHabeasData
in chambers may
be
conducted where
the
respondent invokes
a) Lawful defenses such as national security, state
thedefense
➔ WritofHabeasData(A.M.No.08-1-16-SC) secrets,
privileged
communications, confidentiality of
sourceofinformation; a. that
the
release
of
the
data
or
information
in
question
1. Whereisthevenue:IffiledintheRTC:
shallcompromisenationalsecurityorstatesecrets,or
b) Disclosure of data/info about petitioner, nature of
a) intheplacewherethepetitionerresides;
data/info,purposeofcollection; b. when the data or information cannot be divulged to the
b) intheplacewheretherespondentsreside; publicduetoitsnatureorprivilegedcharacter.
c) Steps or actions taken by respondent to ensure
c) in
the
place
where
the
data or information is gathered, securityandconfidentialityofdataorinformation; 10. ThreeStrandsofRighttoPrivacy
collectedorstored.
d) Currencyandaccuracyofdataorinformation; a. Locational or Situational — Refers to the privacy
Attheoptionofthepetitioner. that is felt in
physical
space,
such
as
that
which
may
e) Other allegations relevant to resolution of the
The petition may also be filed with the SC or the CA or the be violated by trespass and unwarranted search and
proceedings.
Sandiganbayan when the action concerns public data files seizure;(S ec2ArtIII1987Constitution)
A
general denial
of
the
allegations
in
the
petition
ofgovernmentoffices. b. Decisional — The right of individuals to make certain
isnotallowed.
kinds of fundamental choices with respect to their
personalandreproductiveautonomy;and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 119of232
c. ✔ Informational — The right of individuals to e) Change is based
on
a sincere desire to adopt a Filipino Involveschangeof Involvesfirstname Allcancellationor
control information about themselves. (Writ of name to erase
signs of
former alienage, all in
good nameonly andnickname correctionofentries
HabeasData) faithandwithoutprejudicetoanybody;and
Involvessubstantial Involvesclericalor Substantialand
11. It
seeks
to
protect
a person's right
to
control information f) Surname causes embarrassment and there is no changes typographicalerrors adversaryifc hange
regarding oneself, particularly in instances in which such showing that the desired change of name was for a affectsthecivil
information is being collected through unlawful means in order fraudulent purpose, or
that
the
change of
name
would status,citizenshipor
prejudicepublicinterest. nationalityofaparty;
toachieveunlawfulends.
Summaryifinvolves
It is NOT only confined to cases of extralegal killings and 5. ForRA9048,thegroundsare: mereclericalerrors.
enforceddisappearances.(V ivaresv.STC,September29,2014)
a) First name or nickname is found to be ridiculous, Orderforhearingto Petitionshallbe Ordershallalsobe
12. NB: Availment of the writ requires the existence of a NEXUS tainted with dishonor or extremely difficult to write or bepublishedoncea publishedatleast publishedoncea
between the right to privacy on
the
one hand,
and the right
to pronounce; weekforthree onceaweekfortwo weekforthree
life,libertyorsecurityontheother. consecutiveweeksin consecutiveweeksin consecutiveweeksin
b) The first name or nickname has been habitually and anewspaperof anewspaperof anewspaperof
continuous used
by petitioner
publicly known by that generalcirculationin generalcirculation. generalcirculationin
Rule103-105.ChangeofName firstnameornicknameinthecommunity; theprovince. Alsotobepostedina theprovince,and
conspicuousplace courtshallcause
1. A change of name is a special proceeding to establish the c) Changewillavoidconfusion. fortenconsecutive reasonablenoticeto
status of a person involving his relation with others, that is, his 6. See comparison between Rules 103 and 108 and
the
Clerical days. personsnamedinthe
legalpositionin,orwithregardto,therestofthecommunity. petition.
ErrorActorRA9048.
2. It is proceeding in rem and as such, strict compliance with Entryiscorrectbut Entryisincorrect. Cancellationor
jurisdictional requirements, particularly on publication, is Rule103 RA9048 Rule108 petitionerdesiresto correctionofcorrect
essentialinordertovestthecourtwithjurisdictiontherefor. changetheentry orincorrectentries
filedintheRTC filedwiththecityor Verifiedpetitionfiled
3. A change of name granted by the court affects only the wherethepetitioner municipalcivil intheRTCwherethe Anappropriate Anappropriate Anappropriate
petitioner.
A separate
petition
for
change of name must be filed resides registrar,orwith correspondingCivil adversary administrative summaryoradversary
consulgeneralfor Registryislocated. proceeding proceeding. proceedingdepending
byhiswifeandchildren. oneffects
citizensliving
4. Groundsforchangeofname abroad Requiresjudicial Doesnotrequire Directedorchanged
a) Name is ridiculous, dishonorable or extremely order judicialorder. bythecityor
CivilRegistraris CivilRegistrarisan
difficultt owriteorpronounce; municipalcivil
NOTaparty. indispensable
registrarorconsul
b) Change is a legal consequence of legitimation or SolicitorGeneralto party.OSGmustalso
generalwithout
adoption; benotifiedby benotifiedby
judicialorder
serviceofacopyof serviceofacopyof
c) Changewilla
voidconfusion; petition. thepetition. Serviceofjudgment Transmittalof Serviceofjudgment
d) One has continuously used and been known since shallbeuponthe decisiontocivil shallbeuponthe
bytheperson byanypersonhaving Byaperson
childhood by a Filipino name and was unaware of civilregister registrargeneral civilregister
desiringtochange directandpersonal interestedinany
concerned concerned
alienparentage; hisname interestinthe acts,event,orderor
correction decree
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 120of232
Appealmaybe Incasedenied, Appealmaybe 4. When To File. After the lapse of two (2) years from his (d) legalseparation;
availedofif petitionermayeither availedofif disappearance and without any news about the absentee or
judgmentorfinal appealthedecision judgmentorfinal (e) judgmentsorannulmentsofmarriage;
since the receipt of
the last
news, or
of
five
(5)
years
in
case
orderrendered tothecivilregistrar orderrendered the absentee has left a person in charge of the administration of (f) judgments declaring marriages void from the
affectssubstantial generalorfile affectssubstantial beginning;
his property, the
declaration of his absence and appointment of
rightsofperson appropriatepetition rightsofperson
appealing. withpropercourtby appealing,totheRTC atrusteeoradministratormaybeappliedfor. (g) legitimations;
petitionforreview ortotheCA. When a
person
disappears from his domicile, his whereabouts
underRule43. (h) adoptions;
being unknown, and
without having
left
an agent to administer
his property, or the power conferred upon the agent has (i) acknowledgmentsofnaturalchildren;
expired, any interested party, relative or friend, may petition the (j) naturalizations;
Rule107. Absentees
RTC of the place where the absentee resided before his
disappearance for the appointment of a person to represent him (k) election,lossorrecoveryofcitizenship;
1. Stagesofabsence:
provisionallyinallthatmaybenecessary. (l) civilinterdiction;
1) provisionalabsence
5. Termination of administration. — The trusteeship or (m) judicialdeterminationoffiliation;
2) declarationofabsence administration of
the
property of the absentee shall cease upon
(n) voluntaryemancipationofaminor;and
3) presumptionofdeath orderofthecourtinanyofthefollowingcases:
(o) changesofname.
2. Purpose of the Rule. To allow the court to appoint an (a) When the
absentee
appears
personally
or by means of
administrator or representative to take
care
of
the
property
of anagent; ⭐Rules 103
and
108,
and
RA
9048,
as amended as distinguished
the person who is sought to be judicially declared absent. It inB
artolomev.Republic,GRNo243288,28Aug2019
(b) When the death of the absentee is proved and his
also aims to have the court appoint the present spouse as testateorintestateheirsappear; Theforegoingrulesmaybesummarizedasfollows:
administrator or administratrix of the absent spouse‘s 1. Apersonseeking
(c) When a third person appears, showing by a proper
properties,orfortheseparationofpropertiesofthespouses.
document that
he has acquired the absentee's property 1) tochangehisorherfirstname,
3. Who May File. The following may file an application
for
the bypurchaseorothertitle. 2) to correct clerical or typographical errors in the
declarationofabsenceofaperson: civilregister,
In these cases the trustee or administrator shall cease in the
a) Spousepresent; performance of his office, and the property shall be
placed at 3) to change/correct the day and/or month of his or
herdateofbirth,and/or
b) Heirs instituted in a will, who may present an thedisposalofwhosemayhavearightthereto.
4) to
change/correct his or her sex, where it is patently
authenticcopyofthesame; clear
that there was a clerical or typographical error
Rue108. CancellationorCorrectionofEntriesinthe ormistake,
c) Relatives who
would
succeed
by
the
law
of
intestacy;
CivilRegistry must first file
a verified
petition
with the local civil registry
and
office of the city or municipality where the record being
d) Those who have over the property of the absentee 1. Cancellationorcorrectionofentriesof: sought to be corrected or changed is kept, in accordance
somerightsubordinatedtotheconditionofhisdeath. with the administrative proceeding provided under R.A.
(a) births;
9048inrelationtoR.A.10172.
e) Those who have over the property of the absentee
(b) marriages; A
person may only avail of the appropriate judicial remedies
somerightsubordinatedtotheconditionofhisdeath.
(c) deaths; under Rule
103 or
Rule 108
in the aforementioned entries
after the petition in the administrative proceedings is filed
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 121of232
days is provided for the perfection of appeals in special
andlaterd
enied. 1. Orders or judgments from which appeals may be taken. —
proceedings.
2. Apersonseeking An interested person may appeal in special proceedings from
1) tochangehisorhersurnameor an order or judgment rendered by a RTC or a Family Court, 4. Modes of
Appeal — While under
the concept in ordinary civil
wheresuchorderorjudgment: actions some of
the
orders stated
in Sec.
1 may
be
considered
2) tochangebothhisorherfirstnameandsurname
interlocutory, the nature of special proceedings declares them
may file a petition for change of name under Rule 103, (a) Allowsordisallowsawill;
as appealable orders, as exceptions to the provisions of Rule
provided that the jurisprudential grounds discussed in (b) Determines who are the lawful heirs of a deceased 41.Thus:
Republicv.Hernandezarepresent.
person,
or
the
distributive share
of the estate to which
3. A person seeking substantial cancellations or corrections 1) Ordinary appeal. The appeal to the CA in cases
suchpersonisentitled;
of entries in the civil registry may file a petition for decided by the RTC in the exercise of its original
cancellationorcorrectionofentriesunderR ule108. (c) Allows or disallows, in whole or in part, any claim jurisdiction shall be
taken by
filing a notice
of
appeal
As discussed in Lee v. CA and more
recently, in
Republic v. against the estate of a deceased person, or
any claim with the court which rendered the judgment or final
Cagandahan, R.A. 9048 "removed from the ambit of Rule presented on behalf of the estate in offset to a claim order appealed from and
serving a copy thereof upon
108 of
the
Rules
of
Court the correction of such errors. Rule againstit; the adverse party. No record on appeal shall be
108 now applies only to substantial changes and corrections required except in
special proceedings and other cases
inentriesinthecivilregister." (d) Settles the account of an executor, administrator,
trusteeorguardian; of multiple or separate appeals where the law or
the
Rules so require. In such cases, the record on
appeal
Republicv.Ontuca,GRNo232053,15Jul2020 (e) Constitutes, in proceedings relating to the settlement shallbefiledandservedinlikemanner.
WON there
is
a need to
file
two separate petitions, one with the LCR, of the estate of a deceased person, or the
and
with
the
court if
what is sought to be corrected are both clerical administration of a trustee or guardian, a final 2) Petition for review. The appeal to the CA in cases
errors,aswellassubstantialones. determination in the lower court of the rights of the decided by the RTC in the exercise of its appellate
party appealing, except that no appeal shall be allowed jurisdiction shall be by petition for review in
NO. To require petitioner to file a new petition with the local civil
fromtheappointmentofaspecialadministrator;and accordancewithRule42.
registrar
and
start
the process all
over
again would not be in keeping
with
the
purpose of RA No.
9048, that
is,
to
give
people an option to 3) Petition for
review on
certiorari. In
all
cases where
(f) Is
the
final order or judgment rendered in the case, and
have
the
erroneous entries in their civil records corrected through an only questions of law are raised or involved, the
administrative proceeding that is less expensive and more affects the substantial rights of the person appealing
unless it
be
an
order granting
or
denying a motion for appeal shall be to the SC by petition for review on
expeditious.
anewtrialorforreconsideration. certiorariinaccordancewithRule45.
Consequently, it will be more prudent and judicious to allow the
filing
of
a single petition under Rule 108, rather than two separate 2. Advance distribution in special proceedings. — CRIMINALPROCEDURE
petitions before the
RTC
and
the
local
civil
registrar.
This
will avoid Notwithstanding a pending controversy or appeal in
multiplicity of
suits and
further litigation between the parties, which
proceedings to settle the estate of
a decedent, the court may, in PreliminaryConsiderations
isoffensivetotheorderlyadministrationofjustice.
its
discretion and upon such terms as
it
may
deem proper and
Jurisdiction
If the
indispensable or interested party is
not
impleaded, will just, permit
that such part of
the estate may
not
be
affected
by
the controversy or appeal be distributed among the heirs or OvertheSubjectMatter
it make the proceedings void? The publication of the order of
hearing under Section
4 of
Rule
108
cured the failure to implead an legatees, upon compliance with the conditions set forth in Rule OverthePersonoftheAccused
indispensable party. Thus, publication will cure the defect 90ofthisrules. OvertheTerritory;VenueinCriminalCases
(Republicv.Kho,2007). 3. When to
Appeal — Appeals in special proceedings necessitate ExceptionstoTerritorialityPrinciple
a record on appeal as the original record
should
remain with CriminalJurisdictionofCourts
Rule109. AppealsinSpecialProceedings
the trial court; hence the reglementary period of thirty (30) RegularCourts
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 122of232
PreliminaryConsiderations ➔ It
CANNOT be conferred upon the court by the accused, express i) Seekingtodismissthecase;
waiver or otherwise. It also CANNOT be conferred by the
ii) Appearsforarraignment;
CriminalProcedure consentoracquiescenceofanyoralloftheparties.
iii) Actively participates in trial and presents
➔ Definition — it is a generic term to describe the network of ➔ How determined. By the allegations in the complaint or
evidenceforthedefense;
laws
and rules
which governs the procedural administration of information and NOT by
the
findings based
on
the evidence of
justice.
It
deals
with the rules and processes by which criminal the
court
after trial. Neither is it determined by the defenses set iv) Filing
a motion
for determination of probable
laws are enforced and by which the State prosecutes persons upbythedefendantortheaccused. cause.
whoviolatesuchlaws. It
is
also
determined by
the
penalty
IMPOSABLE
by law on the ➔ As
a rule, one who seeks an affirmative relief, such as seeking
It
provides or
regulates the steps by which one who committed offense,N OTb ythepenaltyA CTUALLYi mposedaftertrial. for the dismissal of the criminal case, is deemed to have
acrimeistobepunished. submittedtothejurisdictionofthecourt.
➔ It is measured
by
the
law
in
effect
at
the
time
of
the
filing
of
CriminalProcedure CriminalLaw thecomplaintorInformation. ➔ When an accused appears for arraignment, voluntary
submission is
accomplished.
If he subsequently fails to appear
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 123of232
during trial and escapes from the custody of the law, such municipality or territory where such train, aircraft or other not exceeding P1K, or both,
irrespective
of
other
jurisdiction is
NOT lost.
Once
acquired, jurisdiction continues vehicle passed during such its trip,
including
the
place of
its imposable penalties, accessory or otherwise, or of
untilthecaseisterminated. departurea ndarrival. thecivilliabilityarisingtherefrom;AND
➔ NOT ALL acts, however, seeking affirmative relief would 4. Where an
offense is
committed on board a vessel in the course vi. Offenses involving damage to property through
constitutevoluntaryappearanceorsubmission. of
its voyage, the criminal action shall be instituted and tried in criminal negligence where the imposable fine
the court of the first port of
entry or
of
any
municipality or doesnotexceedtenthousandpesosP 10K.
a) Making a special appearance in court by way of a
territory where the vessel
passed during such voyage, subject
motion to quash to question the jurisdiction of the 2. Special jurisdiction to decide application for bail in the
tothegenerallyacceptedprinciplesofinternationallaw.
court over the person of the accused is NOT a absenceofallRTCjudgesinaprovinceorcity.
voluntaryappearance. 5. Where the case is cognizable by the Sandiganbayan, since it
RegionalTrialCourts
onlyactuallysitsinQC.
b) Accused files a motion to quash the warrant of
1. Exclusive original jurisdiction in ALL criminal cases not
arrest because it is the very legality of the court 6. Where the offense is written defamation, the criminal action
withintheexclusivejurisdictionofanycourt,tribunalorbody.
process forcing the submission of the person of the need
not necessarily be
filed
in
the
RTC
of the province or city
accusedthatistheveryissue. where the alleged libelous article was printed and first 2. Original jurisdiction in the issuance of writs of certiorari,
published. prohibition, mandamus, quo warranto, habeas corpus, and
OvertheTerritory;VenueinCriminalCases
injunction.
➔ VENUE IS JURISDICTIONAL. A court is
bereft
of
jurisdiction
CriminalJurisdictionofCourts
3. Appellate jurisdiction over all cases decided by the MTC
totryanoffensecommittedoutsideitslimitedterritory. RegularCourts withinitsterritorialjurisdiction.
➔ The offense should have been committed or any of its MunicipalCourts
4. Special jurisdiction of certain branches to
handle
exclusively
essential ingredients should have taken place within the
1. Exclusiveoriginaljurisdictionover criminalcasesasmaybedeterminedbytheSC.
territorialjurisdictionofthecourt.
a. All offenses punishable with imprisonment NOT exceeding 5. Jurisdictionunderspecificlaws:
➔ Territorial jurisdiction in criminal cases is the territory
six (6) years irrespective of the
fine
and other accessory a. Art360oftheRPConwrittendefamation;
where the
court has jurisdiction to take cognizance or to try the
penalties, except
those
cases within the
EOJ of
the RTC or
offenseallegedlycommittedthereinbytheaccused. b. ViolationofRA9165;
SBasexpresslyprovidedforbylaw.
➔ If
the
evidence adduced during trial shows that the offense was c. ViolationofIntellectualPropertyRights;
b. Offenses involving damage to property through criminal
committed elsewhere, the court should dismiss the
action
for
negligence; d. Money laundering
cases
except
where
a public
officer
wantofjurisdiction.
c. SummaryProcedure; isinvolved.
ExceptionstoTerritorialityPrinciple
i. Violationsoftrafficlaws,rulesandregulations; FamilyCourt
1. Where the offense was committed under the circumstances
ii. Violationsoftherentallaw; Exclusiveoriginaljurisdictiontohearanddecidethefollowingcases:
enumerated in
Art 2 of the RPC, the offense is cognizable before
PhilippinecourtsevenifcommittedoutsideofthePHterritory. iii. BP22cases; a) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine
(9)
years of
2. Where the
SC
orders
a change of venue or place of trial to avoid iv. Violationsofmunicipalorcityordinances; age or
where
one or
more of the victims is
a minor at the time
amiscarriageofjustice(S ec5[4]ArtVIII).
v. All other criminal cases where the penalty ofthecommissionoftheoffense;
3. Where an offense is committed in a train, aircraft, or
other prescribed by law for the offense charged is b) CasesagainstminorscognizableunderRA9165;
public or private vehicle while in the course of
its
trip,
the imprisonment not exceeding six months, or a fine
criminal action
shall be
instituted
and tried
in
the court of any c) ViolationsofRA7610, asamendedbyRA7658;and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 124of232
d) Casesofdomesticviolence. NB: The abovementioned (a) to (g) are regardless of the ➔ In case private individuals are charged as co-principals,
SalaryGrade. accomplices or accessories with the public officers or
SpecialCourtsandOtherQuasi-judicialBodies
(2) Members of Congress and officials thereof classified as employees, including those employed in
GOCCs, they
shall
be
Sandiganbayan
Grade’27’andhigher; tried jointly with said public officers and employees in the
Exercisese
xclusiveoriginaljurisdictioninallcasesinvolving: proper courts which shall exercise exclusive jurisdiction
over
(3) MembersoftheJudiciary;
them.
a. Violations of RA No. 3019, RA No. 1379, and Chapter II,
(4) Chairmen and members of the Constitutional
Section 2,
Title VII, Book II of the RPC, where one or more of ➔ Offenses committed in relation to the office. As a rule,
the
Commissions;and
the accused are officials
occupying the
following
positions in relation has to be such that, in the legal sense, the offense
the government, whether in a permanent, acting or interim (5) Other national and local officials classified as Grade
’27’ cannot exist without the office. IOW, the office must be a
capacity,a tthetimeofthecommissionoftheoffense: andhigher. constituentelementofthecrimeasdefinedbystatute.
(1) Officials of
the
executive branch occupying the positions b. Other offenses or
felonies whether simple or complexed with
However, even if the
position is
not
an
essential
ingredient
of
of regional director and higher, otherwise classified as other
crimes
committed by
the
public officials and employees
the offense charged, if the information avers the intimate
Grade’27’andhigher,specificallyincluding: mentioned in subsection (a) of this section in relation to
connection between the office and the offense, this would
(a) Provincial
governors,
vice-governors, members of
the theiroffice.
bring the offense within the definition of an offense “committed
sangguniang panlalawigan, and provincial treasurers, c. Civil and criminal cases filed pursuant to and in connection inrelationtothepublicoffice.”
assessors, engineers, and other provincial withEONos.1,2,14and14-A,issuedin1986.
departmentheads; This
requires that the information contain the specific factual
TheRTCs hallhaveE
OJwheretheinformation: averments that would indicate the close intimacy between the
(b) City mayors, vice-mayors, members of the
(a) does not allege
any
damage
to
the
government
or
any discharge of official duties and
the commission of
the
offense
sangguniang panlungsod, city treasurers, assessors,
bribery;or charged. It is NOT enough that the information contains the
engineers,andotherc itydepartmentheads;
phrase“i nrelationtotheirofficialduties.”
(c) Officials of the diplomatic service occupying the (b) alleges damage to the government or bribery arising
positionofconsulandhigher; from the same or closely
related transactions
or
acts ProceduretoDetermineWhetherSBhasJurisdiction
inanamountnotexceedingP 1M.
(d) Philippine army and air force colonels, naval 1) Offense—WONthecrimechargedis
captains,andallofficersofhigherrank; ➔ Exclusive appellate jurisdiction over final judgments,
resolutions or orders of RTCs
whether
in
the
exercise
of
their a) among the violations of RA No. 3019, RA No. 1379,
(e) Officers of the PNP while occupying the position of and
Chapter II,
Section
2,
Title VII,
Book II
of
the RPC,
ownoriginaljurisdictionoroftheirappellatejurisdiction.
provincial director and those holding the rank of Anti-PlunderLaw,Anti-MoneyLaunderingLaw;or
seniorsuperintendentandhigher; ➔ Exclusive original jurisdiction over petitions for the issuance
b) pursuant to and in connection with EO Nos. 1, 2,
14
(f) City and provincial prosecutors and their assistants, of the writs of mandamus, prohibition, certiorari, habeas and14-As.1986;or
and officials and prosecutors in the Office of the corpus, injunctions, and other
ancillary writs
and processes in
Ombudsmanandspecialprosecutor; aid of
its appellate jurisdiction and over petitions of similar c) Other offenses or felonies whether simple or
nature, including quo warranto, arising or that may arise in complexed with
other crimes committed by the public
(g) Presidents, directors or trustees, or managers of officials and employees mentioned in (a) in relation to
cases filed or which may be filed under EO
Nos. 1,
2,
14
and
GOCCs, state universities or educational institutions theiroffice,whichmeansthat
14-A,issuedin1986.
orfoundations.
i) The office must be a constituent element of
thecrime,OR
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 125of232
IfYES,proceedtonextstep; xxxx Provided, further, That the OMB may refer/endorse any
complaint filed before it to any prosecution office of the
if NO = Regular courts — if punishable by imprisonment of OfficeoftheOmbudsman DOJhavingjurisdictionoverthecomplaint.
morethan6years=R TC;otherwise,MTC.
1) Has primary jurisdiction over cases cognizable by the d) The Prosecutor General or provincial/city prosecutors
3) Damages — WON there was damage to the Republic exceeding Sandiganbayan and, in
the exercise of this primary jurisdiction, shall
resolve
the
cases
referred
by
the
OMB to
the DOJ for
P1M.(asperRA10660) it
may
take
over,
at
any stage, from any investigatory agency of preliminary investigation without need of approval from
Government,theinvestigationofsuchcases; theOMB.
IfYES,Sandiganbayan;ifNO=RTC.
2) Shall have
the
power to
investigate any serious misconduct in e) In cases where the preliminary investigation was
CourtofTaxAppeals
office allegedly committed by officials removable by conducted by the OMB but referred to the DOJ for
1) Exclusive original jurisdiction over all criminal offenses impeachment, for
the
purpose of
filing a verified complaint for prosecution, reinvestigation, if
ordered
by the
court,
shall
arising from violations of the NIRC or Tariff and Customs impeachment,ifwarranted. beconductedbytheOMB.
CodeandotherlawsadministeredbytheBIRorBOC.
3) FromtheMOAbetweentheOMBandDOJ 4) RemediesAvailable
Offenses or
felonies herein where the principal amount of taxes
a) The OMB has primary jurisdiction in the conduct of a) As to the Criminal Aspect — File a Motion for
and fees, exclusive of charges and penalties, claimed is less
preliminary investigation and inquest proceedings over ReconsiderationfirstwiththeOMB;
than P1M or where there is no specified amount claimed shall
complaintsforcrimescognizablebytheSandiganbayan.
be
tried by the Regular
Courts and
the
jurisdiction of the CTA thenaRule65C
ertiorariwiththeS
C.
shallbeappellate. b) If, upon the filing of a complaint, the prosecutor
determines that
the
same is
for
a crime falling jurisdiction b) As to the Administrative Aspect — Rule
43
Petition
for
2) Exclusiveappellatejurisdictionincriminaloffenses: ReviewwiththeC A;
of the Sandiganbayan, it shall advise the complainant to file
itdirectlywiththeOMB: thenRule45withtheSC.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 126of232
a. JudicialAffidavitRule; a. in civil cases, motions to dismiss on the ground
of (b) Forallotheroffenses,byf iling
lack of jurisdiction over the person of
the
defendant,
b. RevisedGuidelinesforContinuousTrial; (i) thecomplaintorinformationd
irectlyw
iththeMTC,or
whether or not other grounds for dismissal are
included; (ii) thecomplaintwiththeofficeoftheprosecutor.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 127of232
of the court. Once so authorized to prosecute the criminal action, the
In Manila and
other chartered
cities, the complaint shall b e f iled Sec3-4. ComplaintandInformationdefined private prosecutor shall continue to prosecute the case u p to the end of
with the office of the prosecutor unless otherwise provided in
A complaint is a s worn w ritten statement charging a person with an the trial even in the absence of a public prosecutor, u nless the authority
theircharters.
offense,s ubscribedbythe isrevokedorotherwisewithdrawn.
The institution
of
the
criminal
action
shall
interrupt
the
running period
a) offendedparty, The crimes of adultery and concubinage shall not b e prosecuted
of prescription of the offense charged unless otherwise provided in
except u pon a complaint f iled by the offended spouse. The offended
speciallaws. b) anypeaceofficer,or partyc annotinstitutecriminalprosecution
NOTES c) other public officer charged with the enforcement of the law a) without including the guilty parties, if b oth alive, nor, in any
1. As a rule, there is NO direct filing of an information or violated. case,
complaint with
the RTC since its jurisdiction covers offenses An information is an accusation in writing charging a person with an b) iftheoffendedpartyh asc onsentedt otheoffenseor
which require preliminary investigation. This is qualified by offense,s ubscribedbythep rosecutorandf iledwiththecourt.
c) pardonedt heoffenders.
thelastsentenceofSec6ofRule112:
NOTE The offenses of s eduction, abduction and acts of lasciviousness shall
After the filing of the complaint or information in court not b e prosecuted except u pon a complaint f iled by the offended party
1. Note that an information need not be sworn, unlike the
without a preliminary investigation, the accused may or h er parents, grandparents or guardian, nor, in any case, if the
complaint. This is because the prosecutor, who is solely
within five (5) days from the time he
learns of
its
filing, offender h as b een expressly pardoned by any of them. If the offended
authorized to subscribe to the information, is acting under
ask
for a preliminary investigation with the
same right to party dies or b ecomes incapacitated b efore she can f ile the complaint,
theoathofhisoffice.
adduceevidenceinhisdefense. and she h as no known parents, grandparents or guardian, the State
2. An Information falls squarely within the ambit of BM No. shallinitiatethecriminalactioninh erb ehalf.
2. In cases involving special laws, the case of Zaldivia is not 1922, in relation to BM 850 which REQUIRES practicing
controlling. In said cases, the institution of proceedings for members of the bar to INDICATE in
all
pleadings, the
number The offended party, even if a minor, h as the right to initiate the
preliminary investigation against the
accused interrupts the and date of issue of their MCLE Certificate of Compliance or prosecution of the offenses of s eduction, abduction and acts of
periodofprescription. CertificateofExemption. lasciviousness independently of h er parents, grandparents, or
The rule under the amendatory Resolution, dated January 14, guardian, unless she is incompetent or incapable of doing so. Where the
Zaldivia and Jadewell
Parking Systems involve ordinances offended party, who is a minor, fails to f ile the complaint, h er parents,
2014 failure will subject the lawyer to the prescribed fine
wherein
the
prevailing
rule
is
that
the
period of prescription is grandparents, or guardian may f ile the same. The right to f ile the action
and/or disciplinary action, and will
no
longer cause
for
the
interruptedonlyuponf ilingofinformationincourt. dismissalofthecase. granted to parents, grandparents or guardian shall b e exclusive of all
3. The running of the period of prescription is interrupted with The more
prudent and practical thing that the trial court should other persons and shall b e exercised successively in the order h erein
have done in the first place, so as to avoid delay in the provided,exceptasstatedintheprecedingparagraph.
the
filing
of the action even if the court in which the action was
filediswithoutjurisdiction. disposition of
the
case,
was not to dismiss the Information but No criminal action for defamation which consists in the imputation of
to simply require the investigating prosecutor to indicate the
offenses
mentioned above
shall b e b rought except at the instance of
Sec2. TheComplaintorInformation therein the
number and
date of
issue of her MCLE Certificate of andu poncomplaintf iledbytheo ffendedparty.
Compliance.(Peoplev.Arrojado)
1. The bringing of the action in the name of the city of Manila The prosecution for violation of special laws shall b e governed by the
instead of the United States (now
People of Philippines) is Sec5.
the Whomustprosecutecriminalaction provisionsthereof.
an error merely and not a jurisdictional defect. The defect is All criminal actions either commenced by complaint or by information NOTES
one which could have been cured at
any stage of
the trial shall b e prosecuted u nder the direction and control of a public
by an amendment on the motion of the court itself or
upon prosecutor. In case of heavy work schedule of the public prosecutor, or 1. The public prosecutor directs and controls the prosecution of
the motion of any person interested in the prosecution. (Ngo in the event of lack of public prosecutors, the private prosecutor may acriminalcase.Hehasthepowerandd iscretionto
YaoTitv.SheriffofManila) be authorized in writing by the Chief of the Prosecution Office or the a. Determinewhetherap
rimafaciecaseexists;
Regional State Prosecutor to prosecute the case subject to the approval
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 128of232
b. Decide
which of
the
conflicting testimonies should be Consequently, the imposition of fine as penalty may be Evidence presented during trial can cure the defect in the
believed free from the interference or control of the questioned only by the People through the OSG. (People v. information. Thus, an accused is deemed to have waived his
offendedparty;and Alapan) righttoassailthesufficiencyoftheinformationwhenhe
c. Determine which witnesses to present in court, Sec6. SufficiencyofComplaintorInformation a. Voluntarilyenteredapleawhenarraigned;and
subjecttotherightagainstself-incrimination. b. Participatedinthetrial.
Acomplaintorinformationissufficientifitstates
2. The
People are
the
real
parties in interest whereas the offended However, where
the
objection
is
based on lack of jurisdiction
party is deemed a witness. As such,
an
appeal
of
the
criminal a) thenameoftheaccused;( §7)
over the subject matter, the same may be raised or
case not filed by the People as represented by the OSG is b) thedesignationoftheoffensegivenbythestatute;( §8) considered motu proprio by the court at ANY stage of the
perforcedismissible. proceedingsorappeal.
c) the acts or omissions complained of as constituting the
However, the private complainant may appeal without the offense; 4. The nature of the offense is determined NOT from the
intervention of
the
OSG
but
only
insofar
as the civil liability of caption or the preamble of the information, or from the
Includingitsqualifyingandaggravatingcircumstances( §9)
theaccusedisconcerned. specification of the provision of law alleged to have been
d) thenameoftheoffendedparty;( §12)
NB: For cases
elevated to
the
SB
and
from the SB to the SC, violated,
which are conclusions of law, but by the actual
mere
the Office of the Ombudsman, through its special e) the approximate date of the commission of the offense; ( §11) recitalofthefactsinthecomplaintorinformation.
prosecutor,shallrepresentthePeople. and
5. Thetaskoftheprosecutionistwofold
3. Villareal v.
Aliga
upheld the
doctrine that
it
is
only the OSG, as f) theplacew
heretheoffensewascommitted.( §10)
a. To
prove
beyond
reasonable
doubt
the commission of
representative of the State, which may question the acquittal When an offense is committed by more than one person, all of them thecrimecharged;AND
of the accused via a petition for certiorari under Rule 65. shallb eincludedinthecomplaintorinformation.
(Chiokv.People) b. To establish with the same quantum of proof the
NOTES identityoftheperson/sresponsiblethereof.
4. A private prosecutor may be authorized in writing by either
the Chief of the Prosecution Office or the Regional State 1. The test for sufficiency is whether the crime is described in 6. A mistake in the name is not fatal. Positive identification
Prosecutor to prosecute the criminal action up to the end of intelligible terms with such particularity as to apprise the pertainstop roofofidentity.
trialforeitherofthefollowingreasons: accused, with reasonable certainty, of the offense charged to
7. Identification may be had either through direct evidence or
enable the accused to suitably prepare for his defense
a. Thepublicprosecutorhasaheavyworkschedule;or circumstantiale vidence—which,
since he
is
presumed to
have no
independent knowledge of
b. Thereisalackofpublicprosecutors. thefactsthatconstitutedtheoffense. a. whentakentogetherwiththeotherpiecesofevidence
5. Extinction of criminal liability for rape may be had only 2. An information validly charges an offense when the material b. constitutinganunbrokenchain,
through pardon and marriage — which must occur prior
to facts alleged in the complaint or information shall establish the c. leadstoonlyfairandreasonableconclusion,
theinstitutionofthecriminalaction. essentialelementsoftheoffensecharged.
d. whichisthattheaccusedistheauthorofthecrime
An affidavit of desistance executed merely as an afterthought 3. Objections relating to the form or insufficiency of the
e. totheexclusionofallothers.
hasnopersuasiveeffect.(P eoplev.DelaCerna) information must be made prior to arraignment either
through a bill
of
particulars or motion to quash, and not for the 8. Aggravating circumstances, whether qualifying or generic, must
6. The penalty of fine and the imposition of subsidiary
first time on appeal. Failure to pursue either remedy be
alleged in
the
information
before they
can be considered by
imprisonment in case of nonpayment thereof pertain to
the
constitutesaw aivert oobjectionstoanyformaldefect. the court. (People v. Torrecampo, People v. Lapore, People v.
criminalaspectofthecase.
Canceran)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 129of232
9. Sufficient if the offense was committed or some of the essential of or with the intent to prejudice a third person, regardless charged and proved, and impose upon him the proper
ingredients occurred at some place within the jurisdiction of whether or
not
the falsified document is put to the improper or penaltyforeachoffense.(P
eoplev.Jugueta)
the court, unless the
particular
place
where
it
was committed illegaluseforwhichitwasintended.(N avajav.DeCastro)
Sec14. AmendmentorSubstitution
constitutes an essential element of the offense or is Sec13. Duplicityoftheoffense
necessaryforitsidentification. 1. Before accused enters plea— the complaint or information
A complaint or information must charge b ut one offense, except
when may be
amended in
form
or
in
substance
without
the
need
for
10. It
is
not
necessary to state in the complaint or information the thelawprescribesasinglepunishmentforvariousoffenses. leaveofcourt.
precise date the offense was committed except when
it
is
a
materialingredientoftheoffense. NOTES However, leave of court plus motion by the prosecutor, with
1. Where a single act violates two or more entirely distinct
and notice
to
offended party,
is
required
even if
the
amendment is
11. In offenses against property, if the subject matter of the
unrelated provisions of
law,
the
prosecution of
the accused for madebeforepleaiftheamendment:
offense is specific and identifiable, an error in the
designationoftheoffendedpartyisi mmaterial. morethanoneoffenseins eparateinformationsisjustified. a. Downgradesthenatureoftheoffensecharged;or
12. When a motion to quash is filed challenging the validity and However, if a single penalty is imposed, such as when various b. Excludes any accused from the complaint or
sufficiency of an Information, and the
defect may
be
cured by offenses can be complexed or compounded as per
Art.
48
of information.
amendment, courts must deny the motion to
quash
and order the RPC, then a single
information suffices.
This
also includes
2. After accused enters plea and during trial — any
formal
the prosecution to file an amended Information. Generally, a if
an
alleged offense is
a series
of
acts
committed on
the same
amendmentmayonlybemadeif
defect pertaining to the failure of an Information to period and impelled by single intent or resolution known as
charge facts constituting an offense is one that may be “delitocontinuado.” a. Leaveofcourtissecured;and
correctedbyanamendment.
2. Each incident of sexual intercourse and lascivious act is a b. The amendment does
not
cause
prejudice to the rights
An Information need only state the ultimate facts constituting separate and distinct offense that must be subject
of
separate oftheaccused.
the offense
and
not
the
finer details of
why
and
how the crime informations.
GR: fter arraignment, a substantial amendment is
A
was committed. (People v. Sandiganbayan and Castillo, et
3. With the amendments introduced by RA 8294 to PD 1866, proscribed.
al)
separate informations for homicide and illegal possession of
13. The indictment merely states that psychological pain and EXC: Ifthesameisbeneficialtotheaccused.
firearms are no longer in order. The latter offense shall be
physical injuries were inflicted on the victim. There is no appreciatedasanaggravatingcircumstancetotheformer. 3. Anamendmentisformalifitdoesnot
allegation that the purported acts were employed as a
Where a person was
arrested for illegal possession of multiple a. changethenatureofthecrimealleged,
prerequisite for
admission or entry into the organization.
firearms, each firearm should be the subject of a separate b. affecttheessenceoftheoffense,
Failure to aver this crucial ingredient would prevent the
information because
the law provides for a separate penalty for
successful prosecution of the criminal responsibility of the
eachtypeoffirearm. c. causesurprise,or
accused, either as
principal
or
as accomplice, for
the
crime of
hazing.(Peoplev.Bayabos) 4. Waiver. Duplicity of the offense or multifariousness is a d. deprive
the
accused
of an opportunity to meet the new
ground for a motion to quash, but it should be timely averment.
14. Positive identification pertains essentially to proof of identity
and not necessarily to the name
of
the
assailant. A mistake in interposed; otherwise, said defect is deemed waived. (People v. Otherwise,itissubstantial.
the name of the accused is not equivalent, and does not GiananyMolina)
4. The test
as
to
when
the
rights
of
an
accused
are
prejudiced
by
necessarily amount to,
a mistake in the identity of the accused. When two or more offenses
are charged in
a single complaint
theamendmentis,
(Peoplev.Amodia) or
information but
the
accused fails
to
object to
it
before
trial,
15. In cases
of
falsification
of
private
documents, the venue is
the the court may convict him of as many offenses as are
place where the
document is
actually
falsified,
to the prejudice
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 130of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 131of232
c. BP 22 — Violations of BP 22 are transitory or a. The crime of perjury committed through the making c. Quasi-delict.
continuing crimes. Suit can be filed in any of the of a false affidavit under Article 183 of the RPC is
3. As
one
of
the direct consequences of the independent character
places where any of the elements occurred, that is, committed at the time the affiant subscribes and
of
actions brought under Arts. 32,
33,
34
and
2176 of
the Civil
wherethecheckis swears to his or her affidavit since it is at that time
Code, even if a civil action is filed separately, the ex delicto civil
i. Drawn; that all the elements of the crime of perjury are
liability in the
criminal prosecution remains, and
the offended
executed.
ii. Issued; party may — subject to the control of the prosecutor — still
b. When the crime is committed through false intervene in the criminal action, in order to protect the
iii. Delivered;or
testimony under oath in a proceeding that
is
neither remainingcivilinteresttherein.
iv. Dishonored. criminal nor civil, venue is at the place where the
testimonyunderoathisgiven. NB: This is qualified by the proscription against double
d. Estafa by
postdating or issuing a bad check is also
recovery.
atransitorycrime. c. If in lieu of or
as
supplement to the
actual
testimony
e. Theft is NOT a transitory crime since it is made in
a proceeding that is neither criminal nor civil, 4. Whether public or private crimes are involved, it is
consummatedupontaking. a
written sworn statement is submitted, venue may erroneous for
the
trial court to consider the intervention of the
eitherb e offended party by counsel as merely a matter of tolerance.
4. Therearetwoclassesoft ransitoryo
rc ontinuingc rimes
i. At the place where the sworn statement is Thus, where the private prosecution has asserted its right to
a. The first class are
those
where
some
acts
material
or intervene in the proceedings, that right must be respected.
submittedor
essentialtothecrimeoccurindifferentplaces: (Liongv.Lee)
ii. wheretheoathwastaken
i. Estafa;
as the taking
of
the
oath
and
the
submission
are
both
ii. Malversation; Rule111.ProsecutionofCivilActions
materialingredientsofthecrimecommitted.
iii. Abduction,etc. d. In
all
cases, determination of
venue
shall be
based on Sec1. Institutionofcriminalandcivilaction
b. The second class are those although all the
elements the
acts alleged in the Information to be constitutive of
(a) When a criminal action is instituted, the civil action for the recovery
thereof for its
consummation may have occurred in a thecrimecommitted.(U nionBankv.People) of civil liability arising f rom the offense charged shall b e deemed
single place, yet by reason of the very nature of the institutedwiththecriminalactionu nlesst heoffendedparty
Sec16. Interventionoftheoffendedpartyincriminal
offense committed, the violation of
the
law is deemed
continuing: action (i) waivest hecivilaction,
i. Kidnapingandillegaldetention; 1. Theoffendedpartym
aynotinterveneifhe (ii) reservestherighttoinstituteitseparatelyor
5. Section 9 of R.A. 8042 allowed the filing of criminal actions b. Reservestherighttoinstituteitseparately;or The reservation shall b e made before the prosecution starts
arising from “illegal recruitment” before the RTC of the presentingitsevidence.
provinceorcity c. Institutesthecivilactionp
riortothecriminalaction.
When the offended party seeks to enforce civil liability against the
a. wheretheoffensewascommittedOR 2. There
are
cases
where
the
criminal
action
also
gives
rise to an accused by way of moral, nominal, temperate, or exemplary
independentcivilactionasincrimesinvolving: damages without specifying the amount thereof in the complaint
b. where the offended party actually resides
at the
time
or information, the f iling fees thereof shall constitute a first lien on
of the commission of the offense. (Sto. Tomas v. a. Physicalinjuries;
thejudgmentawardingsuchdamages.
Salac)
b. Fraudordefamation;or
Except
as otherwise provided in these Rules, no f iling fees shall b e
6. WithregardtoP
erjury:
Whenthecriminalactalsoconstitutesa requiredforactualdamages.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 132of232
⭐No counterclaim, cross-claim or third-party complaint may b e b. Based on reasonable doubt — civil liability may 1. Consequencesofindependentcharacterofactions
filed by the accused in the criminal case, b ut any cause of action stillbeprovedbymerepreponderanceofevidence.
a. The right to bring the civil action shall proceed
which could h ave b een the subject thereof may b e litigated in a
2. If the accused is not found to
be
criminally liable,
it
does
not independently of
the
criminal action and regardless of
separatec ivilaction.
necessarily mean that he will not likewise be held civilly liable theresultsofthelatter;
(b) The criminal action for violation of BP 22 shall b e deemed to because extinction of the penal action does not carry with it the
include the corresponding civil action. NO reservation to f ile such extinction of the civil action. This rule more specifically b. The quantum of
evidence
required is preponderance
civilactionseparatelyshallb eallowed. applieswhen ofevidence.
Filing fees s hall be based on the amount of the c heck involved, (a) the acquittal is based on reasonable doubt as only c. No
reservation
in
the criminal action is required since
whichshallbeconsideredasthea ctuald amagesclaimed. preponderanceofevidenceisrequired; theyareNOTdeemedincluded;
If the criminal action is f iled AFTER the said civil action h as already (a) the
act
or
omission from which
the civil liability may 2. Civil liability coexists with criminal responsibility. In
been instituted, the latter shall b e s uspended in whatever stage it may arisedidnotexistor negligence cases, the offended party (or his heirs) has the
be found b efore judgment on the merits. The suspension shall last u ntil OPTIONbetween
(b) the accused did not commit the acts or omissions
final judgment is rendered in the criminal action. Nevertheless, b efore a. an action for enforcement of civil liability based on
imputedtohim.(N issanGallery-Ortigasv.Felipe)
judgment on the merits is rendered in the civil action, the same may, culpacriminalunderArticle100oftheRPC;and
upon motion of the offended party, b e consolidated with the criminal 3. Incipient criminal
liability. — While it
is true
that novation
actioninthecourttryingthecriminalaction. does not extinguish criminal liability, it
may however, prevent b. an action for recovery of damages based on culpa
the rise of criminal liability as long as it occurs prior to
the aquilianaunderArticle2177oftheCivilCode.
In case of consolidation, the evidence already adduced in the civil
filingofthecriminalinformationincourt.
action shall b e deemed automatically reproduced in the criminal action The action for enforcement of civil liability based on culpa
without prejudice to the right of the prosecution to cross-examine the Any incipient criminal liability would be avoided but there will criminal deems simultaneously instituted with the criminal
witnesses presented by the offended party in the criminal case and of stillbeacivilliability.(G
uingona,Jr.v.CityFiscalofManila) action, unless expressly waived or reserved for a separate
the parties to present additional evidence. The consolidated criminal and application by the offended party. Article 2177 of the Civil
civilactionsshallbetriedanddecidedj ointly.
Sec3. Whencivilactionmayproceedindependently
Code, however, precludes
recovery of damages twice for the
During the pendency of the criminal action, the running of the period of In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil samenegligentactoromission.(P aduav.Robles)
prescription of the civil action which cannot b e instituted separately or Code, the independent civil
action may b e b rought by the offended
party. It s hall proceed independently of the c riminal action and s hall Sec4. Effectofdeathoncivilactions
whoseproceedingh asb eensuspendedshallb et olled.
requireonlyap reponderanceo fevidence. The death of the accused AFTER arraignment and during the
NOTES
In no
case, h owever, may the offended party recover
damages
twice for pendency of the criminal action shall extinguish the civil liability arising
1. Therearetwokindsofa
cquittal fromthedelict.
thesameactoromissionchargedinthecriminalaction.
a. Accused is not the author of the act or omission However, the independent c ivil action instituted to enforce liability
NOTES
complainedof— absolutelynocivilliability; arising f rom other sources of obligation may b e continued against
the
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 133of232
estate
or
legal
representative of
the
accused after proper substitution or knowledge of insufficiency of funds to support the
2. A prejudicial question accords a civil case preferential
againstsaidestate,asthecasemayb e. check.
treatment and constitutes an
exception
to
the
general
rule
that
If the accused dies BEFORE arraignment, the case shall b e dismissed the
civil
action
shall
be
suspended when the criminal action is Simply
put, the
agreement surrounding the issuance of
without prejudice to any civil
action
the
offended
party may file
against instituted. dishonored checks is
irrelevant
to the prosecution of
thee stateofthedeceased. violationofBP22.
GR: If the civil action was commenced before the
NOTES institution of
the
criminal action, the civil action shall d. In
a case
for
concubinage, an
action
for
declaration
of
1. Death of the accused pending appeal of his conviction be suspended in whatever stage it may be found before nullityofmarriageisnotaprejudicialquestion.
extinguishes his criminal liability as well as the civil judgment on the merits, once the criminal action is
e. In a case involving Sec 74 in rel to 144 of the
liabilitybasedsolelythereon. commenced.
Corporation Code, a finding that the accused
Corollarily, the claim for civil liability survives EXC: Ifthereisaprejudicialquestion. mishandled the funds will have no effect on the
notwithstanding the death of the accused, if the same may determination of
guilt
in
the
criminal action. The civil
3. Suspensionofthecriminalaction,NOTdismissal.
also be predicated on a source of obligation other than action for accounting and damages has no bearing in
delict. 4. The petition
for
suspension of
the criminal action based upon the criminal action for illegally preventing the
Where the civil liability survives, an action for recovery the
pendency of
a prejudicial
question in
a civil
action is to be complainants from getting inside company premises
filedinthecriminalcase: andinspectingcorporatebooks.
therefore may be
pursued but
only by
way of filing a separate
civil action. This separate civil
action may be
enforced either a. If in the preliminary investigation stage — with the 6. Caseswheretheprinciplea
pplies:
against the
executor/administrator or
the estate of the accused, officeoftheprosecutororthecourtconductingthePI;
In a case for estafa with abuse of confidence, if
the
supposed
depending on
the
source of
obligation upon which the same is
b. If filed in court for trial — with the court before authority of the
one
demanding in behalf
of
the corporation is
based.(Asilo,Jr.v.People,seealsoPeoplev.Lipata)
prosecutionrests. found to be defective, it is as if no demand was ever made,
Sec7. ElementsofPrejudicialQuestion hence, the prosecution for estafa cannot prosper. Thus, a
5. CaseswheretheprincipledoesNOTapply:
separate case questioning the authority of the operations
Theelementsofaprejudicialq uestionare:
a. In a case for parricide, the annulment of marriage is manager to demand the return of the company vehicle from the
(a) the previously instituted civil action involves an issue similar or not a PQ since during the commission of the crime, the accused raises a prejudicial question that
determines the
guilt
intimately related to the issue raised in the subsequent criminal accused and the victim were still married. A of accused in the estafa case. See also case of People v.
action,and subsequent dissolution of
the
marriage
will not
affect Arambulo
(b) the resolution of such issue determines whether or not the theguiltoftheaccused.
7. Remember that an administrative case does not raise a
criminalactionmayproceed. b. In
a case for perjury, the purchase of the accused of the prejudicialquestion.
NOTESONPREJUDICIALQUESTION land or his execution of a real estate mortgage will
have no bearing on whether he knowingly and However, an action for specific performance, even if pending
1. A prejudicial question is that which arises in a case the fraudulentlyexecutedafalseaffidavitofloss. with an administrative agency, raises a prejudicial question.
resolution of which is a logical antecedent of the issue involved (San Miguel Properties v. Perez) Said action is civil in nature
in the criminal case, and the cognizance of which
pertains to c. In BP 22 cases, even if the accused is declared not thatcouldnotbeinstitutedelsewhereexceptintheHLURB.
anothertribunal. liable for the payment of the value of the checks,
he
cannot be adjudged free from criminal liability for The action for specific performance in the HLURB would
The civil
action
must precede the
filing
of the criminal action violation of
BP 22.
Remember that the gravamen in BP determine WON the buyer was entitled
to
demand delivery of
for a prejudicial question to exist. Also, the resolution of the 22 is the mere issuance of a worthless check with the
TCTs because there was a prior need to determine WON the
civil case does not affect the outcome of the criminal case. buyer was duly
represented by
an
authorized officer
when
the
(DreamworksConstructionInc.v.Janiola)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 134of232
lots were sold. If the buyer was not entitled, the basis for 4. The
right to
a PI
is
not constitutional in nature but a statutory d. Issuanceofsearchwarrants.
criminalliabilityforviolationofPD957wouldnotexist. one. Since it has been established by statute, it becomes a 8. AuthorizedOfficerstoconductPI(§2)
componentofdueprocessincriminaljustice.
a. ProvincialorCityProsecutorsandtheirassistants;
Rule112.PreliminaryInvestigation However, this right is waivable
for
failure
to
invoke
the
right
b. NationalandRegionalStateProsecutors;and
priortooratthetimeoftheplea.
Sec1. PreliminaryInvestigationdefined c. Otherofficersasmaybeauthorizedbylaw.
5. Probable cause requires more than bare suspicion but less
Preliminary investigation is an inquiry or proceeding to determine thanevidencetojustifyconviction. i. COMELEC for all election
offenses
under
the
whether there is sufficient ground to engender a well-founded b elief OmnibusElectionCode;
It has
been
held that
evidence
based on hearsay may
support
that a crime h as b een committed and the respondent is probably guilty
the finding of probable cause,
so
long
as there
is
substantial ii. OmbudsmanforcasescognizablebytheSB;
thereof,andshouldb eh eldfortrial.
basisincreditingthehearsay. iii. PCGG with the assistance of OSG for cases
Except as provided in Section 6 of this Rule, a preliminary investigation
is required to b e conducted b efore the f iling of a complaint or PreliminaryInvestigationv s.PreliminaryExamination involvingEO1,214,14As.1986.
information for an offense where the penalty prescribed by law is at PI PE 9. When required. PI required before the filing
of
a complaint
least4 Y-2M-1Dwithoutregardtothef ine. or information for an offense where the imposable penalty is at
Branch Executive Judiciary least4Y-2M-1Dimprisonment,withoutregardtothefine.
NOTESONPRELIMINARYINVESTIGATION
10. Whennotrequired
1. Specificpurposes Doneby Prosecutor Judge
A. Direct filing with the prosecutor. Prosecutor must
a. To inquire concerning
the
commission of
a crime
and
the
Ascertainwhetheracharge Whetherawarrantof act
on
the
complaint based
on
the
affidavits and other
connectionoftheaccusedwithit,inorderthat Purpose
shouldbefiled arrestshouldbeissued
supporting documents submitted by complainant
i. he may be informed of the nature and the within10daysfromfiling.
6. When courts may review findings of probable cause by
characterofthecrimechargedagainsthim,and,
prosecutor.Whenthereis: A subpoena need not
be
issued
or
that
respondent
be
ii. if there is probable cause for believing him requiredtosubmitcounter-affidavits.
a. Capricious and whimsical exercise of judgment
guilty, that the
State
shall take the necessary steps
evidencing a clear case of
GAD, amounting
to
lack
or B. DirectfilingwiththeMTC
tobringhimtotrial;
excessofjurisdiction;
a. Within 10 days from filing, the judge must
b. To
preserve the evidence and
keep
the witnesses within
b. Grosslym
isapprehendst hefacts; personally:
thecontroloftheState;and
c. Acts
in a manner so patent and gross as to amount to i. evaluatetheevidencesubmitted;
c. Todeterminetheamountofb
ail,iftheoffenseisbailable.
anevasionofapositiveduty;
ii. examine in writing and under oath the
2. The
determination of probable cause is an executive function,
d. Virtual
refusal
to
perform
the
duty enjoined by law; complainant and
his
witnesses in
the form of
lodged at the first instance with the public prosecutor who
or searchingq uestionsandanswers.
conducted the
PI and ultimately, with
the
SOJ.
Courts generally
cannot reverse findings of
probable
cause unless upon proof of e. Whenheactsoutsidethecontemplationoflaw. b. Thecourtmayeither:
graveabuseofdiscretion. 7. Whenprobablecauseneedstobeestablished i. Dismissoutright;or
3. It
is
not
the
occasion
for
the
full
and
exhaustive
display
of
the a. PreliminaryInvestigation; ii. May require submission of additional
parties’evidence. evidencew
ithin10daysfromnotice;
b. PreliminaryExamination;
c. WarrantlessArrests;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 135of232
iii. Dismiss the case within 10 days after Thejudgemayfindthattheevidence: 16. The SOJ has
the
discretion, upon motion or
motu
proprio, to
submission of additional evidence
if
there
is act on any matter that may cause a probable miscarriage of
a. Fails to establish
probable cause
— to
which
he
may
stillnoprobablecause. justice in the conduct of a preliminary investigation. This
immediatelyd ismissthecase; action may include, but is not limited to, the conduct of a
iv. Ifhefindsprobablecauseheshallissuea: b. Establishes probable cause — to which he shall issue reinvestigation.
1. Warranto
farrest; awarrantofa
rrest,oracommitmentorder Furthermore, a petition for certiorari under Rule 65 questioning
2. Commitment order, if accused is c. Engenders doubt as to the existence of probable the
regularity of
preliminary investigation becomes moot after
alreadyarrested;or cause
— to which he may order prosecution to submit the trial court completes its determination of probable cause
3. Summons, if he finds no need to place additional evidence within 5 days.
The
issue must be and issues a warrant of
arrest pursuant to Crespo v. Mogul. (De
accusedunderarrest. resolvedwithin3 0daysfromfiling. Limav.Reyes,L eonen,J)
GR: hen
W accused
was
lawfully
arrested
without warrant, Judge is not required to personally examine the complainant Sec3.
Procedure
aninquestproceedingisrequired,notPI. and
his
witnesses. This is
only
done
if
complaint was directly
filedtotheMTCwheretherewasnopreviousPIconducted. The preliminary investigation shall b e conducted in the following
EXC: manner:
13. Whenarrestwarrantunnecessary
a. May be dispensed with in the absence of an inquest (a) The complaint shall state the address of the respondent and shall
a. Accused already detained via lawful warrantless
prosecutor. Complaint is then directly filed to the court beaccompaniedby
(Sec6Rule112). arrest;
(i) affidavitso
fthecomplainant
b. When accused requests for PI. He however must waive b. Accused is
charged
for
an
offense
punishable
only
by
fine; (ii) andh iswitnesses,aswellas
the
provisions of Art
125 of
RPC,
as
amended, in the
presence of his counsel. The PI must be terminated c. When the case is subject to the Rules
on
Summary (iii) othersupportingdocuments
within 15 days from its
inception. Such
waiver must Procedure, unless he fails to appear when required. to establish probable cause. They shall b e in such number of copies
be: (Sec5[c]) as there are respondents, plus two ( 2) copies for the official f ile.
i. Inwriting; 14. Withdrawal of information already filed in court. Having The affidavits shall b e s ubscribed and s worn to b efore any
acquired jurisdiction over
the
case, the
trial court is not bound prosecutor or government official authorized to administer
ii. Signedbyaccused; oath, or, in their absence or u navailability, b efore a notary public,
by
the resolution of the SOJ, but is required to evaluate it before
iii. Inthepresenceofhiscounsel. each of whom must certify that h e personally examined the
proceedingfurtherwiththetrial.
affiants and that h e is satisfied that they voluntarily executed and
11. Absence of
PI. Accused may question the absence or regularity Separation of
powers dictates that the court is not bound by the understoodtheiraffidavits.
ofaPIbeforeheentershisplea,otherwise,deemedwaived. rulingoftheexecutiveviatheSOJ.
(b) Within ten (10) days after the f iling of the complaint, the
Courtshallresolven
otlaterthanthestartoftrial. It is the court’s bounded duty to assess independently the investigatingofficershalleither
It does not affect jurisdiction of
the
court
nor
does
it
impair merits of
the
motion, and the assessment must be embodied in
(i) dismiss it if h e f inds no ground to continue with the
thevalidityoftheinformation. a written order disposing of the motion. (Junio v.
investigation,or
Proper
remedy is
to remand the case to the prosecutor so that a Cacatian-Beltran)
(ii) issue a s ubpoena to the respondent attaching to it a copy
PImaybeconductedandn otdismissalofthecase. 15. It is
a fundamental
principle that the
accused
in
a preliminary
of the complaint and its supporting affidavits and
12. Action of judge upon filing of the complaint or investigation has no right to cross-examine the witnesses
document.
information. Within 10 days, he
shall
personally
evaluate which the complainant may present. (Estrada v.
theresolutionoftheprosecutor. Ombudsman)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 136of232
The respondent shall h ave the right to examine the evidence Where the investigating prosecutor recommends the dismissal of the b. New and material issues are raised which were not
submitted by the complainant which h e may not h ave b een complaint b ut is disapproved on the ground that a probable cause previously presented before the DOJ and were not,
furnishedandtocopythemath isexpense. exists,theauthorizingofficermay, hence,ruledupon;
(c) Within ten (10) days f rom receipt of the subpoena with the a) byh imself,f iletheinformationagainsttherespondent,or c. The prescription of the offense is not due to lapse
complaint and supporting affidavits and documents, the b) direct another assistant prosecutor or state prosecutor to do so within 6 months from notice of the questioned
respondent shall submit h is counter-affidavit and that of h is withoutconductinganotherpreliminaryinvestigation.
resolution;and
witnesses and other supporting documents relied u pon for h is
If u pon petition by a proper party or motu
proprio, the SOJ reverses or
defense. The counter-affidavits shall b e s ubscribed and s worn to d. The
appeal or petition for review is filed within thirty
modifies the resolution of the provincial or city prosecutor or chief state
and certified, with copies thereof f urnished by h im to the (30)daysf romnotice.
prosecutor,h eshalldirecttheprosecutorconcernedeither
complainant. The respondent s hall NOT be allowed to file a
5. From the OP, the aggrieved party may file an appeal with the CA
motiontodismissinlieuofacounter-affidavit. a) to f ile the corresponding information without conducting
pursuanttoRule43.
anotherpreliminaryinvestigation,or
(d) If the respondent cannot b e subpoenaed, or if subpoenaed, does
b) to dismiss or move for dismissal of the complaint or 6. From the CA, the aggrieved party may avail of an appeal by
not submit counter-affidavits within the ten (10) day period, the
informationwithnoticetotheparties. certioraritotheS CunderRule45.
investigating officer shall resolve the complaint b ased on the
evidencepresentedbythecomplainant. The same rule shall apply in preliminary investigations conducted by 7. Where the findings of the Ombudsman on the existence of
theofficersoftheOfficeoftheOmbudsman. probable cause is tainted with GADALEJ, the aggrieved party
(e) Clarificatory Hearing. The investigating officer may set a h earing
if there are such facts and issues to b e clarified f rom a party or a NOTES may
file
a Rule 65 Petition for Certiorari with the SC, and NOT
witness. The parties can b e present at the h earing b ut without the withtheSandiganbayan.
1. Motion for
Reconsideration. The aggrieved party may
file an
right to examine or cross-examine. They may, h owever, submit to
MR within 15 days from receipt of the
assailed
resolution — NPSRuleonAppeal
the investigating officer q uestions which may b e asked to the party
eitherfindingprobablecause,ordismissingthecomplaint. In Cariaga v. Sapigao, the Court harmonized the DOJ Circulars, and
orwitnessconcerned.
accordingly, interpreted the prevailing appeals process of the NPS as
The h earing shall b e h eld within ten (10) days f rom submission of If
the
MR
is
denied,
the
aggrieved party may appeal within 15
follows,Ifthecomplaintisfiled:
the counter-affidavits and other documents or f rom the expiration daysfromthedenialoftheMR.
(a) Outside the NCR + cognizable by the MTCs/MCTCs, the
of the period for their submission. It shall b e terminated within five 2. The party filing a petition for review is allowed to file a ruling of the OPP may be appealable by way of petition for
(5)days. motion for the
suspension of
the
arraignment. (Sec
11[c]
Rule reviewbeforetheO RSP;
(f ) Within ten (10) days after the investigation, the investigating 116)
(b) Outside the NCR
+ NOT
cognizable by the MTCs/MCTCs, the
officer shall determine whether or not there is sufficient ground to
3. The resolution of the SOJ
may
be
assailed through
a Rule
65 rulingoftheOPPmaybeappealablebeforeS OJ;
holdtherespondentfortrial.
petition with the CA, and NOT
a Rule
43
petition
for review,
(c) Within
the
NCR
+ cognizable
by
the
MeTCs,
the
ruling of the
Sec4. ResolutionofInvestigatingprosecutorandits solelyonthegroundofG ADALEJ.
OCPmaybeappealablebeforetheP rosecutorGeneral;
review 4. An administrative appeal to the Office of
the
President is (d) Within the NCR + NOT cognizable by the MeTCs, the ruling of
xxxx not proscribed
subject to
the
following conditions which
have
theOCPmaybeappealablebeforetheS OJ
tobeestablishedasjurisdictionalfacts:
No complaint or information may b e f iled or dismissed by an whoserulingshallbewithfinality;
investigating prosecutor without the prior w ritten authority or a. The offense involved is punishable by reclusion
(e) In instances covered by (a) and (c), the SOJ
may,
pursuant
to
approval of the provincial or city prosecutor or the Ombudsman or h is perpetuatodeath;
his power of control and supervision over the entire NPS,
deputy.
review, modify, or reverse the ruling of the ORSP or the
ProsecutorGeneral,asthecasemaybe.(M inav.CA)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 137of232
OCACirc.39-97andRuleonPrecautionaryHDO 2. The
inquest proceedings shall be deemed commenced from the (b) Record of preliminary investigation. — The record of the
time the Inquest Officer receives the complaint and the preliminary investigation conducted by a prosecutor OR OTHER
followingreferraldocumentsfromLEAs OFFICERS AS MAY BE AUTHORIZED BY LAW shall NOT form part of
therecordofthecase.
a. Affidavitofarrest;
However, the court, on its own initiative or on motion of any party,
b. Theinvestigationreport; mayordertheproductionoftherecordoranyofitspart
c. Thestatementsofthecomplainantandwitnesses;and 1) when necessary in the resolution of the case or any
incidenttherein,or
d. Othersupportingevidencegathered.
3. PossibleoptionsofInquestProsecutor 2) when it is to b e introduced as an evidence in the case by
therequestingparty.
a. The initial duty of
an
inquest
officer
is
to
determine
the legality of the warrantless arrest in accordance
withSec5(a)and(b)ofRule113.
Rule113.Arrest
i. If
not
proper — the officer shall not proceed Sec1. DefinitionofArrest
with the inquest proceedings. Instead, he
Arrest is the taking of a person into custody in order that he may b e
shall recommend the release of the detainee
boundtoanswerforthecommissionofanoffense.
to the City or Provincial Prosecutor for
appropriateaction. Art. III, Sec. 2. The right of the people to be secure in their
persons, houses, papers and effects against unreasonable
ii. If proper — the officer shall proceed with the
searches and seizures of
whatever nature
and for any
purpose
inquest but shall first ask the detainee if he
shall be inviolable, and no search warrant or warrant of arrest
desires a PI,
and if
he
does, he
shall
be
made
shall issue except upon probable cause to be determined
to execute a waiver of the provisions of Art
personally by the judge after examination under oath or
125oftheRPC.
affirmation of
the complainant and witnesses he may produce,
b. If the inquest officer finds probable cause, he
shall and particularly describing the place to be searched and the
Sec6. Whenaccusedlawfullyarrestedwithoutwarrant prepare an
information with
the
recommendation that personsorthingstobeseized.
thesamebefiledincourt.
NOTESONINQUEST NOTES
c. If no probable cause is found, he
shall
recommend
1. An inquest is an investigation conducted by
a prosecutor in 1. Probable cause for the issuance of a warrant of arrest has
thereleaseofthedetainedperson.
criminal cases where a person
has been
lawfully arrested
and been defined as such facts and circumstances which would
detainedwithoutawarrantofarrest. See:R.A.9372HumanSecurityActof2007 lead a reasonably discreet and prudent
man
to
believe
that
an
Itisinformalandsummaryanditspurposeis Sec7. Records offense has been committed by the person sought to be
arrested.
a. To
determine WON the person detained should remain (a) Records supporting the information or complaint. — An
2. What the Constitution underscores is the exclusive and
undercustodyand information or complaint f iled in court shall b e supported by the
personal responsibility of the issuing judge
to
satisfy himself
affidavits and counter-affidavits of the parties and their witnesses,
b. Thenchargedincourt. of the
existence
of
probable cause. In
satisfying himself of
the
together with the other supporting evidence and the resolution on
thecase. existence of probable cause for the issuance of a warrant of
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 138of232
arrest, the
judge
is
not
required
to
personally
examine
the
3. The head of office shall cause the warrant to be executed within Sec5. Arrestwithoutwarrant;whenlawful
complainant and his witnesses. Following established
10daysfromreceipt.
doctrineandprocedure,heshall: ⭐NOTESONWARRANTLESSARRESTS
4. The arrest may be
made on
any day
and
at any
time of the day
(1) personally evaluate the report and the supporting 1. A peace officer or a private person may, without a warrant,
ornight.( Sec6)
documents submitted by the fiscal regarding the arrestaperson:
existence of probable
cause and,
on
the
basis
thereof, 5. When making the
arrest, the
officer
shall
inform the person to
(a) When, in his presence, the person to be arrested has
issueawarrantofarrest;or bearrested:
committed, is actually committing, or is attempting to
(2) if on the basis thereof he
finds
no
probable cause,
he a. Thecauseofhisarrest;and commitanoffense;( Inflagrantedelicto)
may disregard the fiscal's report and require the
b. Thefactthatawarranthasbeenissuedforhisarrest. (b) When an offense has just been committed, and he has
submission of supporting affidavits of witnesses to
aid him in arriving
at
a conclusion as
to
the existence EXCwhenperson: probable cause
to
believe
based on personal knowledge of
ofprobablecause.(S olivenv.Makasiar) facts or circumstances that the person to be
arrested
has
a. Flees; committedit;( HotPursuit)and
3. True, there are
cases
where
the
circumstances may call for the
b. Forciblyresists;or (c) When the person to be arrested is a prisoner who has
judge's personal examination of the complainant and his
witnesses. But it must be emphasized that such personal c. The giving
of
information
will
imperil the arrest. (Sec escaped from a penal establishment or place where
he is
examination is not mandatory and indispensable in the 8) serving final judgment or is temporarily confined while his
determination of probable cause for
the
issuance
of
a warrant case is pending, or has escaped while being transferred
6. The
officer need not have the warrant at the time of arrest. After
ofarrest. fromoneconfinementtoanother.( Escapedconvict)
arrest,
the
warrant shall
be shown as soon as practicable, if the
Thus, it
was
grave abuse of
discretion
for
the Judge to dismiss personarrestedsorequires.( Sec7) Othergrounds( notfoundinSec5)
the
criminal case
for lack
of
probable
cause premised only
on
7. No
person
arrested
shall be subject to a greater restraint than is (d) When
a person,
previously
lawfully arrested escapes or is
the complainant's and her witnesses' absence during the
necessaryforhisdetention.( Sec2) rescued. Any person may retake him at any time and
hearing scheduled by him for the judicial determination of
anywhereinthePhilippines.( Sec13)
probablecause.(A AAv.Carbonell) 8. The arresting officer has the authority to summon as many
persons as he deems necessary to assist him in effecting the (e) When an
accused
released on bail
attempts to depart from
Sec4. ExecutionofWarrant PH without permission of the court, he may be arrested.
arrest.
(Sec 10) This is subject to the safety of the person being
The h ead of the office to whom the warrant of arrest was delivered for summoned. (Sec23Rule114)
execution shall cause the warrant to b e executed within ten (10) days
9. If
said person is
inside a building refuses admittance after NOTESONARRESTSI NFLAGRANTEDELICTO
and
from its receipt. Within ten (10) days after the expiration of the period,
arresting officer announces his authority and purpose, the 1. Tworequisitesmustconcur:
the officer to whom it was assigned for execution shall make a report to
the judge who issued the warrant. In case of h is failure to execute the lattermaybreakininordertoeffectthearrest.( Sec11)
a. The person to
be arrested must an overt
execute act
warrant,h eshallstatethereasonstherefor. 10. After entering, he may break out from said place to liberate
indicating that he has just committed, is actually
NOTESONARRESTVIAWARRANT himself.(Sec12)
committing,orisattemptingtocommitacrime;and
1. Judgeissuesawarrantofarrest. 11. The arresting officer must deliver the person to the nearest
b. Such overt
act
is done in the presence of the arresting
policestationorjailwithoutunnecessarydelay.( Sec3)
2. The warrant
is
delivered
to
the
proper law enforcement agency officer.
forexecution. 12. After expiration of such period, the arresting officer assigned
2. Mere suspicion and reliable information not proper
shall make a report to the judge,
and
must state
the
reason
of
grounds.
non-executionshouldhefailtoexecutethewarrant.( Sec4)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 139of232
There should be "presence of more than one seemingly 10. Petitioner was merely a passenger who did not exhibit any b. Toremainsilent;
innocent activity from which, taken together, warranted a unusual conduct in the presence of the law enforcers that
c. Tobeinformedoftheaboverights;and
reasonable inference of criminal activity." (People v. would incite suspicion. In
effecting the
warrantless arrest,
the
CompradoyBronola) police officers relied solely on the tip they received. There d. To
be
visited by the immediate members of his family,
was no valid in flagrante delicto arrest. (Veridiano y Sapi
v. by his counsel, or by any NGO, national or
3. Flight per se is not synonymous with guilt. A person’s past
People,Leonen,J) international.( RA7438)
criminal record is
not sufficient
to
justify
a lawful warrantless
arrest.P Pv.Villareal. NOTESONHOTPURSUIT CUSTODIALINVESTIGATION
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 140of232
(d) If
he
cannot
afford
an
attorney, one will be provided before any c) signedbyajudgeand personintocustody. commitanoffense.
questioningifhesodesires. d) directedtoapeaceofficer,
Thejudgemusthave
EFFECTOFILLEGALITYOFARREST e) commanding h im to search for personal property described sufficientfactsinhis Requiresfactstoshowthat
1. Affects only jurisdiction of the court over the person of the thereinandb ringitb eforethecourt. handthatwouldtendto particularthings
Probable
showthatacrimehas connectedwithacrimeare
accused. It
cannot,
in
itself,
be
the basis of acquittal. It will not NOTESONSEARCHWARRANT cause
beencommittedandthat foundinaspecific
negatethevalidityoftheconvictionoftheaccused. aparticularperson location.
1. A search warrant is NOT a criminal action nor does it
2. Objection
over validity of arrest must be made before accused committedit.
represent a commencement of
a criminal prosecution even if it
entershisplea,otherwisedeemedwaived. isentitledlikeacriminalaction. Generallyservedinthe
3. A continuing objection is interposed when
accused does not It is NOT a proceeding against a person but is solely for the daytime,u nlesstherebea
Maybemadeonanyday
enter plea, and does not actively participate during trial. He When directioninthewarrant
discovery and to
get
possession of personal property. It is akin andatanytimeofthe
maythenstillobjectvalidityofarrest. served thatitmaybeservedat
toaJ ohnDoep roceeding. dayornight.
anytimeofthedayor
4. When timely
objection to
the
arrest
is
not
made, only the right Any
aggrieved party may question an order quashing the search night.
to assail the arrest is waived. The right to question warrant without the need for the conformity of the public
admissibility of evidence seized by
virtue of
the
illegal
arrest Presupposesthe Doesnotrequireone.It
prosecutor.(W
orldwideWebCorporationv.People) Criminal
isnotwaived. existenceofapending maybeissuedPRIORto
case
2. The rule
against unreasonable searches and seizures does NOT criminalcase thefilingofcriminalcase.
PERSONSNOTSUBJECTTOARREST extend to acts committed by private individuals and entities. It
(a) Senatorsandcongressmenwhen is
intended as a restraint against the Government and its agents Sec2.
Courtwhereapplicationforsearchwarrantshall
taskedwithlawenforcement. befiled
(i) Congressisinsession;a
nd
3. The omission of
the People of the Philippines from the petition Anapplicationforsearchwarrantshallb ef iledwiththefollowing:
(ii) Offense is punishable by imprisonment
of
not
more is
fatal. Every search warrant is
applied
for
and
issued by and a) Any court within whose territorial jurisdiction a crime was
than6years. under the authority of the
State,
regardless of
who initiates
its committed.
(b) Sovereigns, chiefs of state, ambassadors, ministers applicationorcausesitsissuance.(Tev.Breva)
b) For compelling reasons stated in the application, any court
plenipotentiary,ministersresident,andc hargesd’affaires. 4. Exclusionary Rule — any evidence obtained in violation of within the judicial region
where the crime was committed if
(c) Duly accredited ambassadors, public ministers of a foreign this or the preceding section shall be inadmissible for any the place of the commission of the crime is known, or any court
country, their duly registered domestics, subject to the purposeinanyproceeding. withinthejudicialregionwherethewarrantshallb eenforced.
principleofreciprocity.(RA75) 5. Arrestvs.SearchandSeizure However, if the criminal action h as already b een f iled, the application
shallonlyb emadeinthecourtwherethecriminalactionispending.
Rule126.SearchandSeizure ARREST SEARCHANDSEIZURE NOTES
Sec1. Searchwarrantdefined Seizureofapersonsohe Seizureofpersonal 1. An application for a search warrant is heard ex parte. It is
maybemadetoanswer propertysubjectofthe neitheratrialnorapartofthetrial.
As earchwarrantis
Concerned forthecommissionofan offense,stolenor
with embezzledproperty,fruits 2. Search warrants involving heinous crimes. The following
a) anorderinwriting offense.
oftheoffense,orthose are authorized to act on all applications for search warrants
b) issuedinthenameofthePeopleo
fthePhilippines, Involvestakingofa intendedtobeusedto
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 141of232
involving heinous crimes, illegal gambling, dangerous drugs and identify the place intended and distinguish it from other
(a) Subjectoftheoffense;
andillegalpossessionoffirearms: placesinthecommunity.
(b) Stolen or embezzled and other proceeds, or f ruits of the
a. The Executive Judge and Vice Executive Judges of offense;or The executing officer’s prior knowledge as to the place
RegionalTrialCourts,M anilaandQuezonCity, intendedinthewarrantisrelevant.
(c) Used or intended to b e u sed as the means of committing an
b. filed by the PNP, the NBI, The Presidential offense. The
owner or
occupant
of the place to be searched is irrelevant
Anti-Organized Crime Task Force (PAOC-TF) and the andneednotbenamedinthewarrant.
NOTES
ReactionAgainstCrimeTaskForce(REACT-TF)
A designation or description that points out the place to be
1. A search warrant is not a sweeping authority empowering a
c. withtheRTCsofManilaandQuezonCity. searched to the exclusion of all others, and on inquiry
raiding party to undertake a fishing expedition to confiscate any
unerringly leads the peace officers to it, satisfies the
The applications shall be
personally endorsed by
the Heads and all
kinds of evidence or articles relating to a crime. Objects
constitutional requirement of definiteness. (People v.
Tuan y
of
the said agencies, for the search of places to be particularly taken not specified in
the
search warrant should be restored to
Baludda)
described therein,
and the
seizure
of
property or things, and to theowner.
issue the warrants, if
justified, which may be
served in
places 4. A general warrant is a search or arrest
warrant that
is
NOT
outside the territorial jurisdiction of said courts. (A.M. No. Sec4. Requisitesforissuingsearchwarrant particular as
to
the
person to
be
arrested or
the
property to be
99-20-09-SC) Asearchwarrantshallnotissuee xcept seized.
The fact that a search warrant application involves
a “special 1) uponprobablec ause It is one that allows the seizure of one
thing
under
a warrant
criminal case” excludes it from the compelling reason describing another and gives the officer executing
the warrant
requirementu nderSection2,Rule126.(L audv.People) 2) inconnectionwithones pecificoffense thediscretionoverwhichitemstotake.
3. Special Commercial Courts of the Cities of Manila, Quezon, 3) tob ed
eterminedpersonallybythejudge 5. A search warrant need not describe the items to be
seized
in
Makati and Pasig may issue search warrants applicable precise and
minute detail. The
warrant is valid when it enables
nationwide,forcommerciallawcases. 4) after examination u nder oath or affirmation of the the police officers to readily identify the properties to be seized
complainantandthewitnessesh emayproduce,and
and leaves
them with no discretion regarding the articles to be
4. Venue in an application for search warrant is NOT
5) particularly describing the place to b e searched and the seized.Thedescriptionmustbe
jurisdictional. The issue of whether the application should
have been filed in RTC-Iriga City or RTC-Naga, is not one thingstob eseizedwhichmayb eanywhereinthePhilippines. a. Asspecificasthecircumstanceswillordinarilyallow;
involving jurisdiction because the power to issue a special NOTES b. Expresses a conclusion of fact — not of law — by
criminal process is inherent in all courts. (Pilipinas Shell
v.
1. Probable cause for the issuance of a search warrant means whichthepeaceofficersmaybeguided;and
RomarsInternational)
the existence of such facts and circumstances which would c. Limits the things to be seized which bear direct
5. In certain cases when no criminal action has yet been filed, lead a reasonably discreet and prudent
man
to
believe
that
an relation to the offense for which
the
warrant
is
being
any court may issue a search warrant even though it has no offense has been committed and that the objects sought in issued.
jurisdiction over the offense allegedly committed, provided connectionwiththeoffenseareintheplacetobesearched.
that all the requirements for the issuance
of
such
warrant are Theseprevente xploratorys earches.
present.(P eoplev.Castillo) 2. There should be
substantial
basis
for
the
judge
to
determine
6. Ownership is
of
no consequence. It is sufficient that the person
probablecause.
Sec3. Personalpropertytobeseized against whom the warrant is directed has control and
3. A
description of
the
place
to be
searched is sufficient if the possessionofthepropertysoughttobeseized.
A search warrant may b e issued for the search and seizure of personal officer with the warrant can, with reasonable
effort,
ascertain
property: 7. In Columbia Pictures,
Inc.
v.
CA, the
Court
settled
that
a search
warrant that covers several counts of a certain specific offense
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 142of232
does NOT violate the one-specific-offense rule. (Laud v. 3) in the absence of the latter, two witnesses of sufficient
age h. Searchofvesselsandaircrafts;and
People) anddiscretionr esidinginthesamelocality.
i. Inspection of buildings and other premises for the
8. A
search warrant fulfills
the
requirement of particularity in the NOTE: Even if the barangay officials were not present during the initial enforcementoffire,sanitaryandbuildingregulations.
description of the things to be seized when the things described search, the search was witnessed by accused-appellants
are limited
to
those that
bear a direct relation to the offense themselves, hence, the search was valid since the rule that "two 2. Routine baggage inspections conducted by port authorities,
for which the warrant is being issued. (Worldwide Web witnesses of sufficient age and discretion residing in
the same although done without search warrants, are not unreasonable
Corporationv.People) locality" must be
present applies only
in
the
absence of
either searches per se. Constitutional provisions protecting privacy
the
l
awful o
ccupant o
f
t
he p
remises o
r a
ny m
ember of his should
not
be so
literally
understood so
as
to deny reasonable
9. Objects of lawful commerce confiscated in the course of an
family.(P eoplev.Punzalan) safeguards to ensure the safety of the traveling public. (Libo-on
enforcement of
RA 9165 that
are the
property of a third person
DelaCruzv.People,Leonen,J)
are
subject to
be
returned to the lawful owner who is not liable Sec9. Timeofmakingsearch
for the unlawful act. But the trial
court
may
not
release such SEARCHINCIDENTTOALAWFULARREST
objectspendingtrialandbeforejudgment.(PDEAv.Brodett) The warrant must direct that it b e served in the day
time, unless the
1. ItisareasonableexerciseoftheState’spolicepowertoprotect
affidavit asserts that the property is on the person or in the place
Sec5. Examinationofcomplainant;record ordered to b e searched, in which case a direction may b e inserted that it a. law
enforcers from
the
injury
that
may
be
inflicted on
beservedatanytimeofthedayornight. thembyapersontheyhavelawfullyarrested;and
Thejudgemust,b eforeissuingthewarrant,
1) personallyexamine Sec10. Validityofsearchwarrant b. evidencefrombeingdestroyedbythearrestee.
2) intheformofs earchingquestionsandanswers, A search warrant shall b e valid for ten (10) days f rom its date. It seeks to ensure the safety of the arresting officers and the
3) inwritingandu nderoath, Thereafteritshallb evoid. integrity of
the
evidence under the control and within the reach
4) the complainant and the witnesses h e may produce on facts ofthearrestee.
Sec13. Searchincidenttolawfularrest
personallyknowntothemand 2. The law requires that there be first a lawful arrest before a
A person lawfully arrested may b e searched for dangerous weapons or
5) attach to the record their sworn statements, together with the searchcanbemade—theprocesscannotbereversed.
anything which may h ave b een u sed or constitute proof in the
affidavitssubmitted.
commissionofanoffensewithoutasearchwarrant. Nevertheless, a search substantially contemporaneous with
NOTES an arrest can precede the arrest if the police have probable
NOTESONE
XCEPTIONST
OTHESEARCHWARRANT
1. The examination must be probing and exhaustive, not causetomakethearrestattheoutsetofthesearch.
REQUIREMENT
merelyroutinary,general,peripheral,perfunctoryorp
roforma. 3. Immediate Reach and Control Rule. The provision limits the
1. These are the well-recognized instances where warrantless
The judge
must
not
simply
rehash
the contents of
the affidavit searchtothefollowing:
searchesandseizuresareallowed:
but must make
his
own
inquiry
on the
intent
and justification a. Fordangerousweapons;
a. Warrantlesssearchincidentaltolawfularrest;
oftheapplication.
b. For anything which may have been used in the
b. Seizureofevidencein“p
lainview”;
Sec8. Searchofhouse,room,orpremises,tobemade commissionofanoffense;or
inpresenceoftwowitnesses c. Searchofamovingvehicle;
c. For anything which constitutes proof in the
Nosearchofah ouse,room,oranyotherpremiseshallb emadee xcept
d. Consentedwarrantlesssearch; commissionofanoffense.
1) inthepresenceofthelawfuloccupantthereofor e. Customssearch; 4. It
becomes
the duty and right of the arresting officer to conduct
2) anymemberofh isfamilyor f. StopandfriskorTerrysearches; a
warrantless search not
only
on the
person
of
the
suspect but
alsowithinthepermissibleareawithinthelatter’sreach.
g. Exigentandemergencycircumstances;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 143of232
A valid arrest allows the seizure of evidence or dangerous 3. It is the police officer who should observe facts that would lead (2) thesearchmustnotbediscriminatory;
weapons either
on
the person of the one arrested or within the to a reasonable degree of suspicion of a person. The police (3) as
to
the
purpose
of
the
search,
it
must be confined to
areaofhisimmediatecontrol. officer should not adopt the suspicion initiated by another ensuringpublicsafety;and
person. This is necessary to justify
that
the
person suspected
5. The arresting officers
served the warrant of arrest without any (4) the courts must be convinced that precautionary
be stopped and reasonably searched. Anything less than this
resistance from Valeroso. They placed him immediately under measures were in place to ensure that no evidence was
would be
an
infringement upon one’s basic
right
to security of
their control by pulling him out of the bed, and bringing him plantedagainsttheaccused.
one’spersonandeffects.
out of the room with his hands tied. The cabinet, which was
To emphasize, the guidelines do not apply to
locked, could no longer be considered as an "area within his CHECKPOINTS
privately-owned cars. Neither are they
applicable to
moving
immediate control" because there was
no way for him
to
take
1. Checkpointsareallowedunderexceptionalcircumstances. vehicles dedicated
for
private
or
personal use, as in the case of
any weapon or to destroy any evidence that could be used
taxis.(Saludayv.People)
againsthim. 2. For
as
long
as the
vehicle is neither searched nor its occupants
subjected to
a body search,
and the
inspection of the vehicle is 8. The
Court
now holds that the cases adhering to the doctrine
Thus, the search exceeded the bounds of what may be that exclusive reliance on an unverified, anonymous tip
limitedtoavisualsearch,saidroutinechecksareproper.
consideredasanincidenttoalawfularrest.(V
alerosov.CA) cannot engender probable cause that permits a
3. Routine checks, when conducted in a FIXED area, are even less
6. The marijuana was found in a black bag in Calantiao’s warrantless search of a moving vehicle that goes beyond a
intrusiveandarepermissible.
possession and within his immediate control. He could have visual search — which include both long-standing and the
easily taken
any
weapon from the
bag
or
dumped it
to destroy 4. Searches here are valid for as long as they are warranted by most recent jurisprudence — should be the
prevailing and
the evidence inside it. As the black bag containing the exigencies of public order and are
conducted in
a way
least controllinglineofjurisprudence.
marijuana was in Calantiao’s possession, it was within the intrusivetomotorists. In
Comprado, Cogaed, and Veridiano, the Court
has held that
permissible area that the apprehending officers could validly 5. NB: There is nothing in the law that authorizes mere reliance on
information relayed by an informant does not
conduct a warrantless search incident to a lawful arrest. checkpoint-manning policemen to order the occupant of
a car suffice to
provide a genuine
reason for
the
police to
conduct a
(Peoplev.CalantiaoyDimalanta) to get out of the
vehicle
for
a search
of
both
his
body
and the warrantless search and seizure. In other words, information
SEARCHOFMOVINGVEHICLES vehicle. from an informant is mere suspicion that does not
validate a
stop and frisk search. (People v. Sapla y Guerrero, June
1. Or the Carroll Doctrine, or the warrantless search of a moving 6. In People v. Johnson, the Court declared airport searches as
2020)
vehicle that is
justified on
the ground that
it
is
not
practicable outside the protection of the search
and seizure clause due
to
to secure a warrant because the vehicle can be quickly
moved the lack
of an expectation of
privacy that society will regard as PLAINVIEWDOCTRINE
out of
the locality or jurisdiction in which the warrant must be reasonable.
1. Theelementsare:
sought. Similarly, in Dela Cruz
v.
People, the Court described seaport
a. a prior valid intrusion based on the valid
2. Here, police
officers
are limited only to routine checks where searches as reasonable searches on the
ground that the
safety
warrantless arrest in which the police are legally
theexaminationofavehicleislimitedtov isualinspection. ofthetravelingpublicoverridesaperson'srighttoprivacy.
presentinthepursuitoftheirofficialduties;
In
People v.
Breis, the
Court also justified a bus search owing
However, an extensive search becomes permissible only if the b. the evidence was inadvertently discovered by the
tothereducedexpectationofprivacyoftheridingpublic.
officers made it upon probable cause, i.e. upon a belief, policewhohavetherighttobewheretheyare;
reasonably arising out of circumstances known to
the
seizing 7. Aside from public transport buses, any moving vehicle that
officer, that an automobile or other vehicle contains an item, similarly accepts passengers at the terminal and along its route c. The illegality of the evidence must be immediately
article or object which by law is subject to seizure and islikewisecoveredbythefollowingguideline. apparent;and
destruction. (1) themannerofthesearchmustbeleastintrusive; d. "plain view" justified mere seizure of evidence
withoutfurthersearch;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 144of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 145of232
1. In
Jardines, the
use
of
a trained drug-detection dog to sniff for Sec14. Motiontoquashasearchwarrantortosuppress This liability is separate and distinct from any criminal
narcotics on the front porch of a private home, in the absence of evidence;wheretofile liabilitythatmayarisefromtheRPC:
consentofthehomeowner,requiresasearchwarrant.
A motion to q uash a search warrant and/or to suppress evidence a. Violationofdomicile(Art128);
2. However, if the dog-sniff is in an airport, then a warrantless obtained thereby may b e f iled in and acted u pon only by the court b. Search
warrant maliciously obtained
and
abuse
in
the
search
is
permissible. The sniff merely reveals the presence or wheretheactionhasbeeninstituted. serviceofthoselegallyobtained(A
rt129);
absence of narcotics. Thus it is sui generis and does not
If no criminal action h as b een instituted, the motion may b e f iled in and c. Searchingdomicilewithoutwitnesses(A
rt130).
constitutea“search.”
resolved by the court that issued the search warrant. However, if such
In the case of Place, however, the seizure had become court failed to resolve the motion and a criminal case is subsequently
unreasonable since it
took
the
agents
a great
length
of time
— filedinanothercourt,themotionshallb eresolvedbythelattercourt. Rule114.Bail
90 minutes — to possess the
luggage
before the
dog sniff
had
NOTES Sec1. Baildefined
beenconducted.
1. The legality of a seizure can be contested ONLY by the party Bail is the security given for the release of a person in custody of the
3. In Edmond, because the checkpoint program’s primary
whose rights have been
impaired thereby,
and
the
objection to law, f urnished by h im or a b ondsman, to guarantee his appearance
purpose was indistinguishable from the general interest in
an
unlawful search and
seizure ispurely
personal and cannot before any court as required under the conditions hereinafter
crimecontrol,thecheckpointsviolatedtheFourthAmendment.
beavailedofbythirdparties. specified. Bail may b e given in the form of corporate surety, property
However, as
to the validity of a canine sniff test, the US SC ruled bond,cashdeposit,orrecognizance.
2. When order quashing the
warrant a proper subject of an
that the mere use of narcotics-detection dogs to sniff on the
appeal. Where the
search warrant is
issued as an incident to a NOTES
exteriorofcarsdonotconstitutea“search.”
pending criminal case, the quashal of a search warrant is
1. Therighttobailisaconstitutionalright:
4. In
Caballes, a warrantless
dog
sniff
of a vehicle is permissible merelyinterlocutory.Thus,anappealisnotaproperremedy.
at routine lawful traffic stops where the stop is NOT All persons, except those charged with offenses
On the other hand, where a search warrant is applied for and
unreasonably prolonged.
Here,
the
dog sniff occurred while the punishable by reclusion perpetua when evidence
issued in anticipation of a criminal case yet to be filed, the
accusedwasstopped. of
guilt is
strong, shall, before conviction, be bailable
quashal, and
denial of
the MR, ends the judicial process. Here,
by sufficient sureties, or be released on recognizance
This is in contrast to
the
case
of
Rodriguez where the search appealisproper.
as
may be provided by
law.
The right to
bail shall not
was invalidated because the dog sniff added time to the stop.
3. The most important effect is the exclusion of the evidence be impaired even when the privilege of the writ of
The
routine check
was already done and the canine dog arrived
obtained from being used against the person whose rights were habeas corpus is suspended. Excessive bail shall not be
minutesafter.
violated by the search, the evidence being the proverbial and required.
THERMALIMAGINGDEVICE jurisprudential“fruitofthepoisonoustree.”
2. Theruleisthusstatedas
1. In Kyllo, the US SC ruled that where the government uses a 4. The violation of an individual’s rights also inevitably results
GR: A person shall, before conviction, be accorded the
device that is not in
general public
use, to
explore details
of
a into civil, criminal, and administrative charges against the
righttobail.
private home that would previously have been unknowable erringofficer.
without physical intrusion, the surveillance is
a “search,”
and EXC: Unless he is charged with a capital offense and the
5. The aggrieved have the
right
to
seek damages by separate civil
ispresumptivelyunreasonablewithoutawarrant. evidenceofguiltisstrong.
action. There is civil liability based on the concept of an
independent civil action for violation of a person’s right to be 3. The test is not whether the evidence establishes guilt
beyond
secure in his person, house, papers, and effects against reasonable doubt but
rather whether it shows evident guilt or a
unreasonablesearchesandseizures.(A rt32[9]oftheNCC) greatpresumptionofguilt.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 146of232
4. It
is
not
meant
to
cover the civil liability of the accused. It may 10. Bail of
those
not yet charged. Any
person in
custody who is
First, we note that the exercise of the State's power to deprive an
however be applied to
the
payment of
fines and
costs
while not yet charged in court may apply for
bail
with
any
court
in
individual of his liberty is not necessarily limited to criminal
theexcessshallbereturned.( Sec14) the province, city, or municipality where he is held. (Sec
proceedings. Respondents in administrative proceedings, such
17[c])
5. The amount of bail should be high enough to assure the asdeportationandquarantine,havelikewisebeendetained.
presence of
the
accused when
so
required, but
it
should
be
no 11. Effect of failure
to appear at
the trial. Unjustified
failure
to
Second, to limit bail to criminal proceedings would be
to
close
our
higherthanisreasonablycalculatedtofulfillthispurpose. appear despite
due
notice shall be deemed a waiver of his right
eyes to
our jurisprudential history. Philippine jurisprudence has
not
to be present and the trial may proceed in absentia. (Sec
6. The accused has NO right to bail when he is charged with a limited the
exercise of the right
to
bail
to
criminal proceedings only.
2[c])
capital offense and that the evidence of his guilt is
strong. In This Court has admitted to bail persons who are not involved in
this case, the proper action of a judge is to cancel the bail The bondsmen may arrest him or, upon written authority criminal proceedings. In fact, bail has been allowed in this
insteadofincreasingit. endorsed on a certified copy of
the
undertaking, cause him
to jurisdiction to persons in detention during the pendency of
be arrested by a police
officer or any
other
person
of
suitable administrative proceedings, taking into cognizance the
7. Applicant for Bail MUST be in Custody. A fugitive may not
ageanddiscretion.(S ec23) obligation of the Philippines under international conventions
apply for bail unless he gives himself up first so he may be
toupholdhumanrights.
placedunderthecustodyofthelaw. 12. Sec 3 of Rule 114 provides that
No person under
detention by
legal process shall be released or transferred except upon order
Custody of the law is required before the court can
act
on
an OBLIGATIONANDRIGHTOFTHEBONDSMAN
of the court or when he is admitted to bail. Indubitably, the
application for
bail, but is NOT required for the adjudication of
power to order the release or transfer of a person under 1. Shall s urrender the accused to the court for execution of
otherreliefssoughtbythedefendant.
detention by legal process is vested in the court, not in the judgment.( Sec2[d])
The mere application for bail constitutes a waiver of the provincial government, much less the governor. (Ambil v. 2. May arrest the
accused, or, upon written authority endorsed on
defenseoflackofjurisdictionoverthepersonoftheaccused. Sandiganbayan) a
certified
copy of
the undertaking, cause him to be arrested by
Thus,thegrantofbailrequires BAILINEXTRADITIONPROCEEDINGS a police officer or any other person of suitable age and
discretion.( Sec23)
a) Jurisdictionovertheperson;AND GovernmentoftheUSv.Purganan
b) Custodyo vert heperson. 3. Becomes the jailer of the accused and
is
subrogated
to
all
the
Accordingly and to best serve the
ends of
justice,
we
believe and
so
rights and
means which the government possesses to make his
8. Being in the custody of the law signifies restraint on the hold that, after a potential extraditee has been arrested or placed
controloverhimeffective.
person.Itincludesbutisnotlimitedtodetention. under the
custody of
the
law, bail
may be applied for
and
granted
as
anexception,onlyuponac learandconvincings howing WHENBAILNOTREQUIRED
However, an accused, who is
confined
in
the
hospital, may
be
deemed to be in the custody of the law if he clearly (1) that, once
granted bail,
the
applicant
will
not
be a flight risk 1. No bail shall be required when the law or these Rules so
communicateshissubmissiontothecourtwhileconfined. oradangertothecommunity;and provide.(S ec16)
9. To Guarantee Appearance of Witnesses. Bail likewise (2) that there exist special, humanitarian and compelling 2. In custody for a period equal to or more than the possible
applies to a material witness. However, it does not require circumstances including, as a matter of reciprocity, those maximum imprisonment prescribed for the offense charged, he
prior
custody of
the
law.
It
is
only
when the witness refuses to cited by the highest court in the requesting state when it shall be released immediately, without prejudice to the
postbailshallhebecommittedtoprison. grantsprovisionallibertyinextraditioncasestherein. continuation of the trial or the proceedings on appeal. If the
maximum penalty to which the accused may be sentenced is
Bail may also be required of witnesses when there is a
destierro, he shall be released after thirty (30) days of
substitutionofacriminalinformation(S ec14,Rule110)
GovernmentofHongKongSARv.Olalia,Jr. preventiveimprisonment.(S ec16)
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 147of232
3. In
cases
filed
with the MTC or
MCTC for an offense punishable 2. Remedy when
Bail
Denied.
Petition
for
certiorari
if
the trial The appellate court may, motu proprio or on motion of any party,
by imprisonment of less than 4Y-2M-1D, and the judge is courtcommittedGADALEJ. review the resolution of the RTC after notice to the adverse party in
satisfied that there is no necessity for placing accused under eithercase.
Mandamus may be availed of to compel the grant of bail
custody, he
may issue summons instead of a warrant of arrest. NOTES
which is
a matter of right. The probability that the accused will
(Sec8[b]Rule112)
escape or not
appear in
trial
is
NOT
a ground for denial
of
the 1. Thegrantofbailisd
iscretionary:
Sincenoarrestismade,bailisnotrequired. right to bail. The proper course for the judge is to INCREASE the
bail bond, instead of denying bail, subject to
the proscription a. After conviction of the RTC of an offense NOT
4. When offense charged is
for
violation of an ordinance, a light punishable by death, reclusion perpetua, or life
againstexcessivebail.
felony, or a criminal
offense punishable by
imprisonment not imprisonment.
exceeding 6 months and/or fine of P2K where it is established 3. Where it has been established without objection that the
that the accused is unable to post the required cash or bail accused is only 16 years old, it follows that, if convicted,
he 2. Where to Apply
After Conviction by
the
RTC. With the trial
bond. would be
given
"the penalty next lower than that prescribed by court
despite the
filing of a notice of appeal, provided it has not
law," which effectively rules out the death penalty. It results transmittedtheoriginalrecordtotheappellatecourt.
WHENBAILNOTALLOWED
that petitioner is entitled to bail as a matter of right Corollarily,
if
the
records
have
been
transmitted,
then
file with
1. A person charged with a capital offense, or an offense (Bravo,Jr.v.Borja) theappellatec ourt.
punishable by reclusion perpetua or
life
imprisonment, when
evidence of guilt is strong, regardless of the stage of the
Sec5. Bail,whendiscretionary If the decision of the trial court convicting the accused
criminalprosecution.(S ec7) changed the nature of the offense from non-bailable to
xxxx
bailable, the application for bail can only be filed with and
2. Afterthejudgmentofconvictionhasbecomefinal.(S
ec24) Should the court grant the application, the accused may b e allowed to resolvedbythea ppellatec ourt.
continue on provisional liberty during the pendency of the appeal
3. Aftertheaccusedhascommencedtoservesentence.(S
ec24) 3. Bail Pending Appeal Where Penalty Imposed Exceeds 6
underthesameb ailsubjecttotheconsentofthebondsman.
Sec4. Bail,amatterofright;exception Years.Thiscontemplatesof2situations:
If the penalty imposed by the trial court is imprisonment exceeding
All persons in custody shall b e admitted to b ail as a matter of right, with six (6) years, the accused shall b e denied bail, or h is b ail shall b e a. If NONE of
the
conditions
under the
3rd
paragraph of
sufficient sureties, or released on recognizance as prescribed by law or cancelled u pon a showing by the prosecution, with notice to the Section 5 are present, the grant of bail is still
thisRule accused,ofthefollowingorothersimilarc ircumstances: discretionary but authorizes the court to
use
the
less
stringentsounddiscretionapproach;
(a) beforeorafterconvictionbytheMTC,and (a) That h e is a recidivist, quasi-recidivist, or habitual
delinquent, or h as committed the crime aggravated by the b. However, if ONE
or
more
is
present, the
court
has
no
(b) before conviction by the RTC of an offense not punishable by circumstanceofreiteration; optionbuttod enyorrevokeb ailpendingappeal.
death,reclusionperpetua,orlifeimprisonment.
(b) That h e h as previously escaped f rom legal confinement, Sec8. Burdenofproofinbailapplication
NOTES evaded sentence, or violated the conditions of h is b ail without
1. Bailisamatterofrightinthefollowingsituations: validjustification; At the h earing of an application for b ail f iled by a person who is in
custody for the commission of an offense punishable by death, reclusion
a. Beforeconvictionbythemunicipalcourts; (c) That h e committed the offense while under probation,
perpetua, or life imprisonment, the prosecution has the burden of
parole,orconditionalpardon;
showingthatevidenceofguiltisstrong.
b. Afterconvictionbythemunicipalcourts;and
(d) That the circumstances of h is case indicate the probability of
The evidence presented during the b ail h earing shall b e considered
c. Before conviction by t he RTC of an offense n
ot flightifreleasedonb ail;or
automatically reproduced at the trial, b ut u pon motion of either party,
punishable by death, reclusion perpetua, or life
(e) That there is u ndue risk that h e may commit another c rime the court may recall any witness for additional examination u nless the
imprisonment.
duringthependencyoftheappeal. latterisdead,outsidethePhilippines,orotherwiseu nabletotestify.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 148of232
NOTES (d) Characterandreputationoftheaccused; ➔ Within 10 days from performing such act, accused
(e) Ageandh ealthoftheaccused;
shallsubmitcompliancetothecourt.
1. Hearing is MANDATORY for bail applications involving a
capital offense. A public
prosecutor’s
recommendation of
bail (f ) Weightoftheevidenceagainsttheaccused; ➔ Failure to do so shall cancel the bond, cause his
is not material in deciding whether to conduct mandatory re-arrestanddetention( Sec11)
(g) Probabilityoftheaccusedappearingatthetrial;
hearingornot.
c. Cashdeposit;
(h) Forfeitureofotherb ail;
The fact that the prosecutor interposed no objection to the
➔ With the nearest collector of internal revenue or
application for
bail
by the accused does not relieve the judge of (i) The fact that accused was a f ugitive f rom justice when
provincial, city,
or
municipal
treasurer or
the
clerk
of
thedutytosetthemotionforbailforhearing. arrested;and
courtwherecaseispending.
The duty to exercise discretion on the matter is not reposed (j) Pendencyofothercaseswheretheaccusedisonb ail.
➔ Accused is discharged
upon
submission
of
certificate
upon the prosecutor because judicial discretion is
the
domain Excessivebails hallnotberequired. of deposit and a written undertaking showing
of the judge. (see People v. Gako, Jr., Narciso v. Sta.
NOTES compliance.(Sec14)
Romana-Cruz)
2. The bail hearing is separate and distinct from the initial SECTION 3.
A.M.
No.
12-11-2-SC. When Amount of
Bail
may be ➔ Section 14 specifies the persons with whom a cash
Reduced. — If the accused does not have the financial ability to bail
bond may be
deposited, namely: the collector of
hearingtodeterminetheexistenceofprobablecause.
post the amount of
bail
that
the court initially
fixed, he
may
move internal revenue or the provincial, city or
Thus, to grant bail because the
evidence
of
the
prosecution is for its reduction, submitting for
that
purpose such documents or municipal treasurer. A judge is
not authorized to
weak in
a hearing to determine probable
cause,
is
grave
abuse receive the
deposit of cash as bail nor should such
affidavits as may warrant the reduction he seeks. The hearing of
ofdiscretiononthepartofthejudge. cashbekeptinhisoffice.( seeLachica)
thismotionshallenjoypriorityinthehearingofcases.
d. Recognizance. — An obligation of record entered into
before
3. Duties of trial judge in a petition for bail in offense SECTION 4, supra. Order Fixing the Amount of Bail some court
duly
authorized to
take
it,
with
the condition to do
punishablebyRP,LifeImprisonmentorDeath Unappealable. — The
order
fixing
the amount of the bail shall not some particular act, such as appearance during trial. Allowed in
(a) Notifytheprosecutoroftheh
earing; besubjecttoappeal. thefollowingcases:
(b) Conductahearing; NOTESONFORMSOFBAIL 1. A person in custody for a period equal to or more
(c) Decide whether the evidence of guilt of accused is a. Corporatesurety; than the minimum of the principal penalty
strong based on the summary of evidence of the prescribed for the offense charged, without
➔ Furnished by any domestic or foreign corporation,
prosecution;and application of the ISLaw or any modifying
licensedasasuretyandauthorizedtoactassuch.
circumstance, shall be released on a reduced bail or on
(d) Ifnotstrong—grantbail;Otherwise,denypetition. ➔ Subscribed
jointly
by the accused and an officer of the hisownrecognizance,atthediscretionofthecourt.
Sec9. Amountofbail;guidelines corporationdulyauthorizedbytheBOD.( Sec10)
2. When offense charged is for violation of an
The judge who issued the warrant or granted the application shall f ix a b. Propertybond; ordinance, a light felony, or a criminal offense
reasonable amount of b ail considering primarily, b ut not limited to, the punishable by
imprisonment not exceeding 6 months
➔ An undertaking constituted as a lien on the real
followingfactors: and/orfineofP2000.
property.
(a) Financialabilityoftheaccusedtogiveb ail; 3. Where accused has applied for probation pending
➔ Within 10
days
from
approval of
bond,
accused shall
finality of judgment, but no bail was filed or the
(b) Natureandcircumstancesoftheoffense; cause the annotation on the certificate of title
on
file
accusedisincapableoffilingone.(Sec24)
withtheRoD.
(c) Penaltyfortheoffensecharged;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 149of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 150of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 151of232
2. RighttobeInformedofthenatureandcauseofthe
Right Waivable. The right to an independent and competent c) when without cause or justifiable motive, a long
accusation counsel may be waived in writing and in the presence of period of time is allowed
to
elapse
without
the
party
counsel. havinghiscasetried.
What is specifically required is that the acts or omissions
complained of as constituting the offense, including the Competent and Independent. The counsel should be, as
far Thefactorstoconsiderarethefollowing:
qualifying and aggravating circumstances, must be stated in as reasonable, the choice of the individual undergoing the
a) Durationofthedelay;
ordinary and concise language; in
terms sufficient to
enable
a questioning.
person of common understanding to know what offense is b) Reasontherefor;
Counsel should be willing to fully safeguard the
beingcharged. c) Assertionoftherightorfailuretoassertit;and
constitutional rights of the accused, as distinguished
from
The ultimate aim is so that the accused can properly defend one who would be merely giving a routine, peremptory and d) Prejudicecausedbysuchdelay.
himself. meaningless recital of such rights. There must be a
transmission of meaningful information from counsel to Contrast to
Right to
Speedy Disposition of Cases. This right
3. Righttocounsel extends to
all
parties
in
all
cases,
be
it
civil
or
administrative,
accused.
This right is available not only during trial. Every person aswellasinjudicialorquasi-judicialoradministrativebodies.
It
means
an
efficient and truly decisive legal assistance and not
undercustodyofthelawe njoystheright. Mere mathematical reckoning of the time
involved
would
not
asimpleperfunctoryrepresentation.
Any person arrested,
detained or under custodial investigation suffice.
InAdministrativeCases.NOTindispensable.
shall at
all
times be
assisted
by counsel. Included in
this right Dismissal Based on a Violation of the Right to Speedy
istherighttobeinformedofhisrighttocounsel. Custodial Investigation. Any questioning initiated by law DispositionofCases.SeecaseofCoscolluela
enforcement authorities after
a person is
taken into custody or
The purpose
of
providing counsel to
a person under custodial Approaches to Speedy Trial. Our SC has adopted the
otherwise deprived
of
his
freedom of
action in
any
significant
investigation is
to
curb
the
police-state practice of
extracting
a balancing test, in which
the
conduct
of
both the
prosecution
manner.
confession that leads suspects to make self-incriminating and defense are weighed on an ad hoc basis. The
statements. 4. RighttoSpeedyTrial aforementioned factors
must
be
assessed in determining WON
Failure to inform the suspect of his right to counsel during AlsoseeSpeedyTrialAct,and therightoftheaccusedhasbeendeprived.
custodial investigation attains significance if he makes a GuidelinesforDecongestingHoldingJails Effect
of
the
Violation of the Right to Speedy Trial. Criminal
confession in writing without aid of
counsel, and which is case
is
dismissed that
is
equivalent
to an acquittal, and double
Right of an accused in a criminal case. In all criminal
then
sought to
be
admitted
against the accused during the trial. jeopardymayattach.
prosecutions, the accused shall enjoy the right to have a speedy,
Thetaintedconfessionisinadmissibleinevidence.
impartialandpublictrial. If the accused wants to exercise his
right
to
a speedy
trial,
he
It is only
after
the
investigation
ceases to
be
a general inquiry shouldfirstaskforthetrialofthecase,notforitsdismissal.
This involves a degree of flexibility. While justice is
into an unsolved crime and begins to focus on a particular
administered with dispatch, the essential ingredient is orderly, Thefollowingarethepertinenttimelimits:
suspectwhereintherighttocounselistriggered.
expeditiousa ndnotmerespeed.
Police line-up.
It is NOT part of the custodial inquest since the a) 3 DAYS — from filing of information to raffling and
WhenDeemedViolated.Onlywhentheproceedingsare referraltotrialcourt;
accused at that stage is not yet being investigated. Here, the
right to counsel does NOT yet attach. (People v. Pepino y a) attended by vexatious, capricious, and oppressive b) 10DAYS—fromdateofraffletoarraignment;
Ruera) delays,or
c) 30 DAYS
— from
arraignment to
pre-trial
conference;
b) when unjustified
postponements
of
the
trial
are asked or10DAYSifaccusedunderpreventivedetention;
forandsecured,or
20DAYS—timefromarraignmenttosubmitJAs;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 152of232
Peoplev.Gonzales)
d) 30
DAYS — not later than 30 days from termination of Purpose. To prevent the State, with all its coercive powers,
pre-trialconferencetotrial; The burden of proving delay depends on whether delay is from extracting from the suspect testimony that may convict
allegedwithintheperiodsprovidedbylaworproceduralrules. him and to avoid a person subject to such compulsion to
e) 180 DAYS — start of trial to termination of regular
a. If the delay is alleged to have occurred during the perjurehimselfforhisownprotection.
trial;or
given periods, the burden is
on
the
respondent or
the
60DAYS—
iftrialbyJAs; accusedt oprovethatthedelaywasinordinate. ACCUSED ORDINARYWITNESS
minus the excluded delays or postponements b. If the delay is alleged to have occurred beyond the
specifiedinSec3Rule119andtheSpeedyTrialAct. Mayaltogetherrefuse Maybecompelledtotakethe
given periods, the burden shifts to the prosecution to
witnessstandandclaimthe
Factors for Granting Continuance. The factors, among prove that the delay was reasonable under the Compelled totakethewitness
privilegeaseachquestion
circumstances and that no prejudice was suffered by totestify standandrefuseto
others, which a justice or judge
shall
consider
in
determining answeranyandall requiringanincriminating
whethertograntacontinuanceareasfollows: theaccusedasaresultofthedelay. answerisshotathim
questions
Ifthedefensehastheburdenofproof,itmustprove
a) Whether the
failure to
grant
such
a continuance in the
Onlywhenthespecific
proceeding would be
likely
to
make a continuation of 1. first, whether the case is motivated by malice or
Canbe question,incriminatoryin
such proceeding impossible, or result in a miscarriage clearly only politically motivated and is attended by Atanytime
claimed character,isactuallyputto
ofjustice. utterlackofevidence,and thewitness.
b) Whether the case taken as a whole is so novel, so 2. second,thatthedefensedidnotcontributetothedelay.
Scope. Protects a person only
from testimonial
compulsion
unusual and so complex, due to the number of accused Once the burden of proof shifts to the prosecution, the or a compelled testimony of a communicative character, and
or
the
nature of
the prosecution or otherwise, that it is prosecutionmustprove NOTwhenthebodyoftheaccusedisproposedtobeexamined.
unreasonable to expect adequate preparation within
a. first, that it followed the prescribed procedure
in
the Cases where non-testimonial compulsion has been allowed
theperiodsoftimeestablishedbythisAct.
conduct of preliminary investigation and in the reveal, however, that the pieces of
evidence obtained were
Nocontinuanceshallbegrantedb
ecauseof prosecutionofthecase; all MATERIAL to the principal cause of
the
arrest.
A urine
a) generalcongestionofthecourt'scalendar,or b. second, that the complexity of the issues and the sample is
immaterial to
the
charge of
extortion. (Dela
Cruz v.
volumeofevidencemadethedelayinevitable;and People)
b) lackofdiligentpreparationor
c. third, that no prejudice was
suffered by
the
accused Forced Reenactments. Like uncounselled and coerced
c) failure
to
obtain
available
witnesses
on
the part of the
as a result of the
delay.
(Cagang v.
Sandiganbayan, confessions, come within
the
ban against
self-incrimination. It
publicprosecutor.
Leonen,J,2018) is
akin
to
making the
accused to
admit criminal responsibility
As per Section 3 of Rule 119, the only delays that may be againsthiswill.
5. PrivilegeAgainstSelf-incrimination
excluded from the time limit within which trial must Written Exemplars. The privilege extends to the giving or
commence are those
resulting from proceedings concerning Theprivilegeisexpressedthusly: furnishing of
evidence.
Writing
is
not
a purely
mechanical act,
the accused. The time involved in the proceedings in a petition a) No person
shall
be
compelled
to
be
a witness
against becauseitrequirestheapplicationofintelligenceandattention.
for transfer of
venue
can
only
be
excluded from said time limit himself(Sec17ArtIII); In the case of Beltran v. Samson, the
witness
is
compelled to
if it was the accused who instituted the same. Hence, in this
b) In all criminal prosecutions, the accused shall be write and create, by means of the act of writing, evidence which
case, the time during which the petition for transfer of venue
entitled to the right to be exempt from being does not exist, and which may identify him as the falsifier. This
filed by
the
private complainant is pending, cannot be excluded
compelled to be a witness against himself. (Sec 1[e] is in contrast with Villamor v. Summers, since the pregnancy
from the time limit of thirty (30) days from receipt of the
Rule115) testthereinsoughttoexhibitsomethingalreadyinexistence.
pre-trial order imposed in Section 1, Rule 119. (Mari and
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 153of232
The privilege may be asserted in ANY proceeding. The right 8. RighttoConfrontandCross-examineW itnesses
10. RighttoAppeal
however is NOT self-executing. It must be claimed by, or in AgainstHim
This
right
is
statutory
in
nature.
Its
suppression would violate
behalfofthewitness.Theprivilegemaybewaived.
It
is a fundamental right which is part of due process. The right dueprocess.
Privilege Inapplicable When Witness Given Immunity is, however, a personal one
which may be
waived,
expressly,
In criminal cases, an appeal throws the whole case wide
from Prosecution. The government may grant immunity in impliedly or by conduct such that where a party had the
open for review and the reviewing tribunal can
correct
errors
oneofthetwofollowingforms: opportunity to cross-examine a witness but failed to avail
or
even
reverse
the trial court’s decision on grounds other than
himselfofit,therightisforfeited.
a) TRANSACTIONAL immunity — aka “blanket” or thosethatthepartiesraiseaserrors.
“total” immunity, which completely protects the What is prohibited is the absence of the opportunity to
witness from future
prosecution
for
crimes
related
to cross-examine. Mere opportunity and not actual Rule116.ArraignmentandPlea
histestimony; cross-examination is the essence of the right to
cross-examine.(Ibañezv.People) Sec1. ArraignmentandPlea:howmade
b) USE AND DERIVATIVE USE immunity — prevents
the prosecution only from using the witness’ own Right of Confrontation. Does not apply in preliminary NOTES
testimony or
any evidence derived from the testimony investigation.
againstthewitness. 1. Arraignment is
the formal mode and manner of implementing
The remedy for one deprived of an opportunity to the constitutional right of an accused to be informed of the
Should evidence be later acquired independently of the cross-examine is
to
have
the
direct
examination stricken from natureandcauseoftheaccusationagainsthim.
witness’ testimony, the witness may still be therecord.
prosecuted. Its purpose is to apprise the accused why he is being
right
The to
confrontation is part of due process not only prosecutedbytheState.
6. RighttoDefendSelf,tobePresentatTrial,tobe
in
criminal
proceedings but also in civil proceedings as well as
Heard in proceedings in administrative tribunals with
quasi-judicial Absence of
such
results
in
the
nullity
of
the trial. Accused can
powers.Ithasatwo-foldpurpose: notbetriedinabsentiawithoutbeingarraignedfirst.
Either by himself or by counsel. Accused has the right to be
presentateverystageoftheproceedings. a. primarily, to
afford the accused an opportunity to test 2. Dutyofthecourtbeforearraignment
the testimony of the witness by cross-examination; a. Informtheaccusedofhisrighttocounsel;
Upon
motion, the accused
may be allowed to defend himself in
and
person when it sufficiently appears to the court that he can b. Askhimifhedesirestohaveone;and
properlyprotecthisrightwithouttheassistanceofcounsel. b. secondarily, to allow the judge to observe the
deportment of the witness. (People v. Sergio and c. Must assign
a counsel
de
oficio
to
defend
him
unless
When the accused filed a leave to file a demurrer to Lacanilao,2
019) theaccused
evidence, which was granted by the trial court, and the
i. Isallowedtodefendhimselfinpersonor
demurrer was eventually denied, the accused should still be 9. RighttoCompulsoryProcess
giventheopportunitytopresenthisevidence. ii. Hasemployedacounselofhischoice( Sec6)
May be invoked by the accused to secure the attendance of
7. RighttoTestifyasW itness witnesses and the production of witnesses in his behalf. This is 3. Counseld
eoficio:
Subject to cross-examination on
matters
covered
by
the
direct aconstitutionalright. a. Membersofthebar;
examination. Thus, the
accused may move for the issuance of a subpoena ad b. Ingoodstanding;
If the accused maintains his silence and does not want to testificandum or
a subpoena duces tecum. Unjustified failure of
the witness to
comply may
cause for
the
issuance of a warrant c. By reason of their experience and ability, can
testify,hissilenceshallnotinanymannerprejudicehim.
ofarrestagainsthim. competentlydefendtheaccused.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 154of232
In localities where members of the bar are not available, the After the expiration of said period, the trial a. within ten (10) calendar days from date of the
courtmayappointanyperson court is bound to arraign the accused or to court'sreceiptofthecaseforad
etainedaccused,and
denythemotiontodeferarraignment.
a. Residentoftheprovince;and b. within thirty (30) calendar days from the date
the
In a case, 1 year and
10
months
had
already court acquires jurisdiction (either by arrest or
b. Ofgoodreputeforprobityandability.
lapsed, which is way beyond the 60-day limit. voluntarysurrender)overan on-detainedaccused,
Counsel de
oficio
must be
given ample time to consult with the (SpsTrinidadv.Ang)
unless a shorter
period
is
provided
by
special
law
or Supreme
accused as to
his
plea
before proceeding with
the
arraignment
The suspension of arraignment beyond the Courtcircular.( III-8[a]AMNo15-06-10-SC)
(Sec8)
60-day period is strictly NOT allowed.
Thefollowingshallbee
xcludedi ncomputingtheperiod:
4. Optionsofaccusedbeforearraignmentandplea (Aguinaldov.Ventus)
a. Timeofthependencyofamotiontoquash;
a. Bill
of
particulars — to
enable him to properly plead c. Motion to quash — at any time before entering his
andpreparefortrial.Themotionshallspecify: plea.(SeeSec3Rule117inrelationtoS ec1) b. Timeforthependencyofabillofparticulars;or
i. The alleged defects of the complaint or d. Challenge the validity of arrest or legality of c. Othercausesjustifyingsuspension(Sec1[g])
information,and warrant
or
question
the
absence of
a preliminary Ifaccusedpleadsnotguilty
ii. Thedetailsdesired.( Sec9) investigation(Sec26Rule114)
a. Hehasatleast15daystopreparefortrial;
5. Effectofamendedorsubstitutedinformation
The remedy against an indictment that fails to
allege b. He shall state whether he interposes a negative or
the time of the commission of the offense with If substantial or a substitution, accused must plead to the affirmativedefense.
sufficient definiteness is a motion for a bill of newinformation.
particulars and not a motion to quash. (Rocaberte i. Negative — prosecution shall prove guilt
v.People) Ifonlyastoform,noneedtoretakeplea. beyondreasonabledoubt.
b. Suspension of arraignment — for the following ARRAIGNMENTPROPER ii. Affirmative — modify the
order
of
trial
and
causes: 1. Where? Before
the
court where
complaint
or
information
was require
the
accused
to
prove such
defense by
i. Accused appears to be suffering from an filedorassignedfortrial( Sec1[a]). clearandconvincingevidence.
unsound mental condition. The court shall 2. How?
then order his mental examination, or In People v. Pangilinan, appellant’s belated arraignment was cured
confinement,ifneeded. a. Madeinopencourt; when his counsel participated in the trial without raising any
b. Bythejudgeorclerkofcourt; objection that his client had yet to be arraigned. It is a clear indication
ii. Thereexistsap
rejudicialquestion;and
that he
was
fully aware of the charges against him. Thus, arraignment
iii. There is a petition for review of the c. By furnishing the accused with a copy of the afterthecasehasbeensubmittedfordecisionisproper.
resolution of
the prosecutor which is pending complaintorinformation;
eitherattheDOJ,ortheOP. d. Reading the
same
in
the
language
or
dialect
known
to 4. Record. Arraignment and
plea
shall
be
of
record,
but failure to
him,and dososhallnotaffectthevalidityoftheproceedings( Sec1[b]).
Period of suspension shall not exceed 60
days
from the
filing
of
the
petition before the e. Asking him whether he pleads guilty or not guilty. 5. Presenceofparties.Accusedmustbepresent.( Sec1[b])
reviewingoffice. (Sec1[a]) Private offended party is required for the following
3. When? Once the court has acquired jurisdiction over the purposes:
personoftheaccused,
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 155of232
a. Pleabargaining; EXC: If such is disproved by evidence, it should be May be made at any time before trial. In Daan v.
disallowedinthejudgment. Sandiganbayan, it was held that plea bargaining may also
be
b. Determinationofcivilliabilities;and
doneintrialproper.
8. The need for arraignment pertains only to substantial
c. Othermattersrequiringhispresence( Sec1[f])
amendments and not to formal amendments. An amendment 3. The refusal of the prosecution to adopt the acceptable plea
If
private
offended party fails to
appear despite due
notice,
the done after the plea and during
trial
does
not call
for
a second bargain for the charge of Illegal Sale of Dangerous Drugs
accused may enter
a
plea of
guilty to
a lesser
offense with
the plea since the amendment is only as to form. (Kummer v. provided in A.M. No. 18-03-16-SC should be treated as a
conformityofthepublicprosecutoronly.( Sec1[f]) People) continuing objection that should be resolved by
the
RTC. This
6. WhenPleaofNOTGUILTYshallbeEntered. harmonizes the constitutional provision on the rule making
9. A
judge
was
found
guilty
of gross ignorance of the law when he
power of the Court under the Constitution and the nature of plea
a. Actualpleaofnotguilty; arraignedtheaccusedinhischambers.(B andoyv.Jacinto,Jr.)
bargaining in
Dangerous Drugs cases. DOJ Circular No. 27 did
b. Accusedrefusestoplea; Sec2. Pleaofguiltytoalesseroffense not repeal, alter, or modify the Plea Bargaining Framework in
A.M. No.
18-03-16-SC. DOJ Circular No. 27merely
serves as an
c. Makesac onditionalp
lea(Sec1[c]); At arraignment, the accused, with the consent of the offended party and
internal guideline for prosecutors to observe before they may
the prosecutor, may b e allowed by the trial court to plead guilty to a
d. Pleads guilty
but
presents
exculpatory evidence
- the lesser offense which is necessarily included in the offense charged.
give their consent to proposed plea bargains. (Sayre y
guiltypleaisw
ithdrawn.(Sec1[d]) After arraignment b ut before trial, the accused may still b e allowed to Malampadv.Xenos,2020)
Entering a plea
of not guilty cures any defect to his arrest. This, plead guilty to said lesser offense after withdrawing h is plea of not Sec3. Pleaofguiltytocapitaloffenserecipientof
guilty.Noamendmentofthecomplaintorinformationisnecessary.
however, does not equate to
a waiver to his right to question evidence
the admissibility of evidence procured during the illegal PLEABARGAINING
When the accused pleads guilty to a capital offense, the court shall
arrest.
1. Is a process whereby the
accused
and
the prosecution work a conduct a s earching inquiry into the voluntariness and f ull
Plea for leniency in the imposition of penalty is not mutually satisfactory disposition of the case,
subject
to
court comprehension of the consequences of h is plea and require the
conditional plea. But if he imposes it as a condition to his approval. prosecution to prove h is guilt and the precise degree of culpability. The
pleaofguilt,thenitbecomesconditional. accusedmaypresentevidenceinh isb ehalf.
2. Accused may plead guilty to a lesser offense. The court
may
In People v. Strong, a plea of guilty
to
the
charge
but
denying allowsuchgiventhefollowingconditions: NOTES
the specific
allegations in
the
information amounts to a plea of
a. The lesser offense is necessarily included in the 1. Thecourtismandatedto:
notguilty.
offensecharged;and a. Conductasearchinginquiry
In People v. Balisacan, after entering a plea of
guilty,
accused
- Some of the essential elements form part of i. Toascertainthevoluntarinessoftheplea,and
then presented evidence of self-defense after
being allowed to
thegraveroffense.
prove mitigating circumstances. This effectively vacated his ii. Whether or n ot accused has full
plea. In effect, there was no valid plea. Double jeopardy may b. With the consent
of
BOTH
the
offended
party
and
the comprehension of the consequences of his
notattach. prosecutor.( Sec2) plea;
7. WhenPleaofGUILTYisEntered - Consent of offended party not required if he b. Requireprosecutiontoprovethefollowing:
fails to appear during arraignment despite due
GR: A plea of guilty is an admission of all the material i. Guiltoftheaccused;and
notice.(Sec1[f])
facts alleged in the information including the
aggravatingcircumstances. It is
not
a matter
of
right
but
upon
the
sound
discretion
of
the ii. Precisedegreeofhisculpability.and
court.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 156of232
c. Ask the accused if he wishes to present evidence on Sec5. Withdrawalofimprovidentpleaofguilty 1. It is the mode by which an accused assails the validity of a
his behalf and be allowed to do so if he so desires. criminal complaint or information filed against him for
At any time before the judgment of conviction becomes final, the court
(Peoplev.Camay) insufficiency on its
face
in
point
of
law,
or
for
defects which
may permit an improvident plea of guilty to b e withdrawn and b e
areapparentinthefaceoftheinformation.
2. Guidelinesinthemakingofsearchinginquiry substitutedbyapleaofnotguilty.
2. A hypothetical admission of the facts alleged in the
a. Ascertainfromaccused IMPROVIDENTPLEAOFGUILTY
information.
i. Howhewasbroughtintocustody; 1. It may be withdrawn at any time before judgment of
3. The fundamental test in determining the sufficiency of the
convictionbecomesfinal.
ii. Whether he had legal assistance during material averments in an information is whether or not the
custodialandpreliminaryinvestigations;and 2. Failure to conduct searching inquiry renders the plea of guilty facts alleged therein would establish
the
essential
elements of
asanimprovidentone. thecrimedefinedbylaw.
iii. Under what conditions he was detained and
interrogated. 3. Convictions based on an
improvident plea
are set aside only if 4. Evidence aliunde or matters extrinsic
to
the
information
are
such plea is the sole basis of the judgment. If the court receives nottobeconsidered.
b. Ask defense
counsel
whether
he has fully explained to
additional evidence, then the judgment may not be set aside,
theaccusedthemeaningandconsequencesofhisplea. 5. It is an OMNIBUS motion since it is required that all
notwithstandingtheimprovidenceoftheplea.
c. Elicit information as to the profile of accused which objections available at
the
time
the
motion is
filed
should
be
4. A
plea of
guilty
to
an
information that charges
no offense such invoked.
would be
a trustworthy index of
his
capacity to give a
as “Illegal Possession of Counterfeit Treasury and Bank Notes”,
freeandinformedpleaofguilty: 6. GR: Failure to assert any ground before a plea to the
does not warrant conviction of the accused. It is well
i. Age complaint or information shall be deemed a waiver of any
recognized that a plea of guilty is an admission only of the
objections.
ii. Socio-economicstatus material allegations of the information but not that the facts
thusallegedconstituteanoffense.(P eoplev.Digoro) EXC: Thefollowingarenotwaived( Sec9):
iii. Educationalbackground
5. A
plea
of guilty with the qualification "hindi ko sinasadya." The a. That the facts charged do not constitute an offense
d. Inform accused of
the exact length of imprisonment or appellant's qualified plea of guilty is not a valid plea of (Sec3[a]);
natureofthepenalty. guilty.(Peoplev.DeLuna)
b. That the court has no jurisdiction over the offense
e. Inquire if accused knows the crime
with
which
he
is 6. Counsel de officio's haste in proceeding with the arraignment charged( Sec3[b]);
chargedandfullyexplaintohimtheelementsthereof. falls short of the standard mandated by the rules for an
c. That the criminal action or liability has been
f. Questions must be in a language known and effective and adequate counseling. The limited time allotted for
extinguished( Sec3[g]);
understoodbytheaccused. consultation with accused seriously casts doubt on whether
counsel de officio has indeed sufficiently explained to the d. Doublejeopardy( Sec3[i]).
g. Judge
must be
satisfied that the accused truly is guilty. accused the crime charged, the meaning of his plea, and its
Accused must be required to narrate the tragedy, or 7. Time for Filing. At any time before the accused enters his
consequences. A r emand of the case is thus proper. (People plea.(Sec1)
reenactitorfurnishthemissingdetails.
v.BascuguinyAgquiz)
h. The primordial purpose is to avoid improvident pleas 8. GR: Notallowedinsummaryprocedure.
ofguilt. Rule117.MotiontoQuash EXC: Onthegroundof
a. Lackofjurisdictionoverthesubjectmatter;or
NOTES
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 157of232
b. Failure to comply with barangay conciliation (g) That the criminal action or liability has been GR: etition for certiorari under Rule 65 not proper
P
proceedings (Sec 18, 1991 Rule on Summary extinguished.🟊 remedy.
Procedure)
(h) That it
contains
averments which, if true, would constitute The remedy is for the movant to go
to
trial
without
MotiontoQuashv s.DemurrertoEvidence alegalexcuseorjustification. prejudice
to
reiterating the special defenses invoked in
themotiontoquash.
(i) Double Jeopardy. That the accused has been previously
Quash Demurrer EXC: ourt
C acts
with
grave abuse of discretion amounting
convicted or acquitted of the offense
charged,
or
the
case
against him was dismissed or otherwise terminated tolackorinexcessofjurisdiction.
Beforeaccusedenters
When? Afterprosecutionrests
plea withouthisexpressconsent.🟊
4. When motion
is
granted. If
motion is based on alleged defect
of
the information, and
such can be cured, the court shall order
LeaveofCourt? Notrequired Withorwithout 🟊G roundsnotwaived that an amendment be made. If after such order, information
remains defective such that the material averments do not
NOTES
Insufficiencyof constituteanoffense,thecourtshallgrantthemotion.( Sec4)
Grounds Sec3Rule117
evidence GR: ourt shall only consider those
C grounds
stated
in
the
motion.
GR: Notabartoanotherprosecutionforthesameoffense.
(Sec2)
Mattersfoundinthe Outsideofthe EXC: o other complaint or information
N can
be
filed
if
the
Basedon EXC: ourt will still consider even if not stated in the motion if
C
Information Information groundforsustainingthemotiontoquashisbasedon:
groundislackofjurisdictionovertheoffensecharged.
Ifgranted Notadismissalofcase Amountstoacquittal a. Extinctionofcriminalliability;or
1. InvalidG
rounds
b. Doublejeopardy.( Sec6)
Sec3. Grounds a. Executionofaffidavitofdesistance;
5. Matters of defense cannot be raised in a motion to quash.
The accused may move to q uash the complaint or information on any of b. Absence of probable cause — but is a ground for
(Peoplev.Odtuhan)
thefollowinggrounds: dismissalofcase;
6. The handling prosecutor's authority, particularly as it does not
c. Matters of defense — EXC: double jeopardy or
onotconstituteanoffense;🟊
(a) Thatthefactschargedd appear on
the face of the
Information, has no connection to the
extinguishmentofcriminalliability.
trial court's power to hear and decide a case. Hence, Sec. 3 (d),
(b) That the court trying the case has no jurisdiction over
d. Absence of preliminary investigation — but is a Rule 117, requiring a handling prosecutor to secure a prior
theoffensecharged;🟊
groundforpetitionforreinvestigation. written authority or approval from the provincial, city or chief
(c) That the court trying the case has no jurisdiction over 2. Test in appreciating motion to quash. Whether the facts state prosecutor before filing an Information with the courts,
thepersonoftheaccused; alleged, if hypothetically admitted, would not establish the may be waived by the accused through silence, acquiescence,
essential elements of the offense as defined by law without or failure to raise such ground during arraignment or before
(d) That the officer who filed the information had no
consideringmattersa liunde. entering a plea. If,
at all,
such deficiency is
merely formal and
authoritytodoso;
can be
cured at
any stage of the proceedings in a criminal case.
(e) That it does not conform substantially to the prescribed Again, as exceptions, facts aliunde are considered if the (VillaGomezv.People,November2020)
form; ground is based on double jeopardy or extinguishment of
criminalliability. Sec7. Formerconvictionoracquittal,doublejeopardy.
(f) Multifariousness. That more than one o ffense is
3. RemedyfromDenial NOTESONDOUBLEJEOPARDY
charged except when a single punishment for various
offensesisprescribedbylaw;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 158of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 159of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 160of232
from arraignment, in time for pre-trial. (Sec 8[c], AM No
AMNo12-11-2-SC. Time-
NO YES 12-11-2-SC)
barred
GuidelinesforDecongestingHoldingJailsbyEnforcingtheRights
4. Petitioners' repeated
failure to
appear at the pre-trial amounted
ofAccusedPersonstoBailandtoSpeedyTrial
to
a failure to comply with the Rules and their non-presentation
SECTION10.P
rovisionalDismissal.— of evidence before the trial court was essentially due
to
their
Rule118.Pre-trial fault.(T olentinov.HeirsofLaurel-Ascalon)
(a) When the delays are due to the absence of an essential
witness whose whereabouts are unknown or cannot be Sec1. Pre-trial;mandatoryincriminalcases 5. A stipulation of facts in criminal cases is NOW expressly
determined and, therefore, are subject to exclusion in sanctioned by law. It is allowed not only during pre-trial but
determining compliance with
the
prescribed time limits which In ALL CRIMINAL CASES cognizable by the Sandiganbayan, RTC, MTC,
also and with more reason, during trial proper itself. (People v.
MeTC, MCTC, MTCC, the court shall after arraignment and within
caused the trial to exceed one hundred eighty (180) days, Hernandez)
thirty (30) days from the date the court acquires jurisdiction over the
the court shall provisionally dismiss the action with the
expressconsentofthedetainedaccused.
person of the
accused, unless a shorter period is provided for in special Sec3. Non-appearanceatpre-trialconference
laws or circulars of the Supreme Court, order a pre-trial conference to
(b) When the delays are due to the absence of an essential considerthefollowing: If the counsel for the accused or the prosecutor does not appear at the
pre-trial conference and does not offer an acceptable excuse for h is lack
witness whose presence cannot be obtained by due (a) pleab argaining; ofcooperation,thecourtmayimposepropers anctionsorpenalties.
diligence though his whereabouts are known, the court
shall
provisionally dismiss the action with the express consent (b) stipulationoffacts; Sec4. Pre-trialorder
ofthedetainedaccusedprovided: (c) markingforidentificationofevidenceoftheparties;
NOTES
(i) the hearing in the case has been previously twice (d) waiverofobjectionstoadmissibilityofevidence;
1. DutyoftheJudgebeforepre-trial.Thejudgemuststudy
postponed;and
(e) modification of the order of trial if the accused admits the
a. theallegationsoftheinformation,
(ii) there is proof of service of the pertinent notices of chargeb utinterposesalawfuldefense;and
hearings or
subpoenas upon the essential witness and (f ) such other matters as will promote a fair and expeditious trial b. thestatementsintheaffidavitsofwitnessesand
theoffendedparty. ofthecriminalandcivilaspectsofthecase. c. other documentary evidence which form part of the
(c) For the above purpose, the public or private
prosecutor
shall NOTES record of the preliminary investigation. (I-B[4], AM
first
present during the
trial
the
essential witness or witnesses No03-1-09-SC)
tothecasebeforeanyoneelse. 1. Underpresentrules:
2. Agreements. All agreements or admissions made or entered
An essential witness is one whose testimony dwells on the GR: Noevidenceotherthanthosepresentedandmarked duringthepre-trialconferenceshallbe
presence of
some or all of the elements of the crime and whose duringpre-trialareallowedtobeofferedduringtrial.
a. reducedinwriting,and
testimonyisindispensabletotheconvictionoftheaccused. EXC: Whenallowedforgoodcauseshown.
b. signedbytheaccusedandcounsel,
WithdrawalofInformationv s.M
otiontoDismiss 2. Mandatory.I nallcriminalcases.(seeNPCv.Adiong)
otherwise, they cannot be used against the accused. (I-B[8],
Withdraw Dismiss 3. When Held.
Under AM No 12-11-2-SC, the court shall hold the AMNo03-1-09-SC)
pre-trial conference within 30 days after arraignment or
Attainsfinality15days Attainsfinality15days within10daysiftheaccusedisunderpreventivedetention. All proceedings during the pre-trial shall be recorded, the
fromreceipt,w ithout fromreceipt,w ith transcripts prepared and the minutes signed by the parties
Effect Should direct testimonies be presented through judicial
prejudicetotherefilingof prejudicetotherefilingof and/ortheircounsels.(I-B[9],AMNo03-1-09-SC)
theinformation theinformation affidavits, prosecution should submit such within 20 days
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 161of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 162of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 163of232
3. Effect
when trial
not
within
prescribed period. Information 3. Motion for reinvestigation of the prosecutor 3. Motion to suspend arraignment on the ground
of
an
may
be dismissed upon motion of the accused on the ground of recommending the filing of information once the unsound mental condition under Sec. 11 (a), Rule
denialofrighttospeedytrial. informationhasbeenfiledbeforethecourt 116;
Prosecutor has the burden to prove that delay
belongs
to
the a. if the motion is filed without prior leave of 4. Motion to suspend proceedings on the ground of a
exclusionsmentionedinSec3. court; prejudicial question where a civil case was filed
priortothecriminalcaseunderSec.11(b),Rule116;
Motion for dismissal must be done before trial, otherwise, b. when preliminary investigation is not
deemedwaived.( Sec9) requiredunderSec.8,Rule112;and 5. Motiontoq
uashinformationonthegroundsthat
4. Continuous Trial. Trial shall
continue from day to
day
as
far c. when the
regular
preliminary investigation is a. thefactschargeddonotconstituteanoffense,
as practicable until terminated and may be postponed for a required and has been actually conducted,
b. lackofjurisdiction,
reasonableperiodupongoodcause.( Sec2) and
the
grounds relied upon in the motion are
not
meritorious, such as
issues of credibility, c. extinctionofcriminalactionorliability,or
Trial should not exceed 180
days
from
the
first
day
of
trial,
admissibility of evidence, innocence of the d. doublejeopardy.
excepta sotherwiseauthorizedbytheSC.(Sec2)
accused, or lack of due process when the
5. A.M. No. 15-06-10-SC. Revised Guidelines for Continuous accusedwasactuallynotified,amongothers. 6. Motion to discharge accused as a state witness
Trial of Criminal Cases.
Trial
shall be
held
from
Monday to underSec.17,Rule119;
4. Motion to
quash
information when
the ground
is
not
Thursday, and courts shall
call
the
cases at
exactly 8:30
A.M. 7. Motion to
quash
search
warrant
under
Sec. 14, Rule
oneofthosestatedinSec.3,Rule117.
and2:00P.M. 126,ormotiontosuppressevidence;and
5. Motion for bill of particulars
that
does
not
conform
NOTESONTHEREVISEDGUIDELINESFORCONTINUOUSTRIALOF 8. Motion to dismiss on the ground that the criminal case
toSec.9,Rule116.
CRIMINALCASES is a Strategic Law Suit against Public Participation
6. Motion to
suspend
the arraignment based on grounds (SLAPP) under Rule 6 of the Rules of Procedure for
Motions
notstatedunderSec.11,Rule116. EnvironmentalCases.
(a) Motion for Inhibition. — Motions for inhibition based on
7. Petition to
suspend
the
criminal action
on
the
ground
grounds provided for under Rule 137 shall be resolved Sec4. Factorsforgrantingcontinuance
of
prejudicial question, when no
civil
case has been
immediately or within two (2) calendar days from date of
filed,pursuanttoSec.7,Rule111. NOTES
theirfiling.
(c) Meritorious Motions. — Motions that allege plausible 1. Continuance or
postponement. May
be
granted
if
continuing
(b) Prohibited Motions. — Prohibited motions shall be denied theproceedingis
grounds supported by relevant documents and/or competent
outright
before
the
scheduled arraignment without need of
evidence, except
those
that
are
already
covered
by
the Revised a. impossible,or
commentand/oropposition.
Guidelines,aremeritoriousmotions,suchas:
b. wouldresultinamiscarriageofjustice( Sec4[a])
1. Motion for judicial determination of probable
1. Motion to withdraw information, or to downgrade
cause. When the case taken as a whole is so novel, unusual and
the charge in the original information, or to
exclude
complex, due to the number of accused or the nature of the
2. Motion for preliminary investigation filed beyond an accused originally charged therein, filed by the
prosecution, or that it is unreasonable to expect adequate
the five (5)-day reglementary period in inquest prosecution as a result of a reinvestigation,
preparation within the periods of time established therein. (Sec
proceedings, or when preliminary investigation is reconsideration,andreview;
4[b])
required, or allowed in inquest proceedings and the
2. Motiontoq
uashwarrantofarrest;
accused failed to participate in the preliminary Shallnotbegrantedbecauseof
investigationdespiteduenotice.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 164of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 165of232
GR: Theyshallbetriedj ointly; v. Said accused has not at any time been b. Originalcaseisdismissed;
convicted of any offense involving moral
Unless: The court, in its discretion, and upon motion of the c. Accused shall be
committed
to
answer
for
the
proper
turpitude.
prosecutor,ordersas eparatetrial. offense.
6. Evidence adduced
in
support
of the discharge shall form part
2. One or more may be discharged to be a state witness with Accused shall
not
be
discharged
if
there
appears good cause to
ofthetrial.
theirconsent. detainhim.
7. Ifthemotionisdenied,hisswornstatementisi nadmissible.
3. Theprosecutorthenshall: Sec23. DemurrertoEvidence
8. Discharge shall
mean acquittal, except
if
the
accused
fails
or
a. Fileam
otionforthedischargeoftheaccused;and After the prosecution rests its case, the court may dismiss the action on
refusestotestifyagainsthisco-accused.( Sec18)
thegroundofinsufficiencyofevidence
b. Filethemotionb
eforeprosecutionrests(Sec17).
9. Such motion shall be submitted for resolution from the
(1) on its own initiative after giving the prosecution the
4. The court will then conduct a hearing with the prosecutor termination of the hearing, and shall be resolved within a
opportunitytob eh eardor
presenting evidence and sworn statements of the proposed non-extendible period of ten (10) calendar days thereafter.
statewitnesses. (III-2[c],AMNo15-06-10-SC) (2) upon demurrer to evidence f iled by the accused with or
withoutleaveofcourt.
5. Thefollowingc onditionsm
ustbemetforproperdischarge: 10. As an exception to the general rule requiring corroboration, the
uncorroborated testimony of
a state
witness may
be
sufficient If the court denies the demurrer to evidence f iled with leave of court,
a. 2ormoreaccusedarejointlychargedwithanoffense; the accused may adduce evidence in h is defense. When the demurrer
when it
is
shown to
be sincere in
itself
because it is given
b. Motion for discharge is filed before prosecution unhesitatingly and in a straightforward manner and full of to evidence is f iled w ithout leave of court, the accused
waives the right
rests; to present evidence and submits the case for judgment on the b asis of
details which, by
their nature, could not have been the result of
theevidencefortheprosecution.
c. Prosecution presents evidence and sworn
statements deliberate afterthought. This exception, however, applies only
ofproposedstatewitnessesatah earing; if the state witness is an eyewitness since the testimony The motion for leave of court to f ile demurrer to evidence shall
wouldthenbed irectevidence.(Peoplev.AnabeyCapillan) specifically state its grounds and shall b e f iled within a non-extendible
d. Accusedgiveshisc onsent;a nd period of five (5) days after the prosecution rests its case. The
11. A
principal by
inducement is
not automatically the most guilty
prosecution may oppose the motion within a non-extendible period of
e. Trialcourtissatisfiedthat: in
a conspiracy. As a rule, for purposes of resolving a motion to
five(5)daysf romitsreceipt.
i. There is absolute necessity for the discharge an accused as a state witness, what is
controlling
are the specific acts of the accused in relation to the crime If leave of court is granted, the accused shall f ile the demurrer to
testimony of
the
accused whose discharge is
committed. evidence within a non-extendible period of ten (10) days f rom notice.
requested; The prosecution may oppose the demurrer to evidence within a similar
A state witness does
not need to be found to be the least guilty; periodf romitsreceipt.
ii. The is no other direct evidence available
he or she should not only “appear to be the most guilty.”
for the proper prosecution of the offense The order denying the motion for leave of court to f ile demurrer to
(Jimenez,Jr.v.People)
committed, except the testimony of said evidence or the demurrer itself s hall not be reviewable by appeal or by
accused; Sec19. Whenmistakehasbeenmadeinchargingthe certiorarib eforejudgment.
iii. The testimony of said accused can be properoffense NOTESONDEMURRERTOEVIDENCE
substantially corroborated in its material NOTES
1. Definition. It is actually a motion to dismiss filed by the
points;
1. Mistakeinchargingproperoffense accusedafterprosecutionrestsitscase.( Sec23)
iv. Said accused does not appear to be the
mostguilty;and a. Courtshallorderthefilingofan
ewinformation;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 166of232
It
is
an
objection
by
one
of
the
parties in an action to the effect (b) Thedemurreritself c. Orderisissuedafterah
earingisconducted;
that the
evidence
which
his
adversary produced is insufficient
Shall not be reviewable by appeal or certiorari before d. Itseekstopreventamiscarriageofjustice;and
inpointoflawtomakeoutacaseorsustaintheissue.
judgment.
e. Presentation of additional evidence should be
Grant of demurrer amounts to acquittal and cannot be
4. WITHOUTLeaveofCourt.Ifdemurrerisgranted,a
cquittal. terminated within 30 days from the issuance of the
appealed as it violates the right of accused against double
order.
jeopardy. If
denied,
the
accused waives the right to present evidence
andsubmitsthecaseforjudgment. 4. Triali nabsentia
Order is reviewable only by certiorari (Rule 65) upon
showing of grave abuse of discretion amounting to lack or DemurrerinCIVILv s.C
RIMINALcases a. Accusedhasalreadybeena
rraigned;
excessofjurisdiction. Civil Criminal b. Hehasbeendulynotifiedofthetrialorhearings;and
Demurrer may be upon motion or upon the initiative
of
the c. He unjustifiably fails to appear in court. (Sec 14[2]
court. Failureofplaintiffto
Insufficiencyof ArtIII1987Constitution)
Basis showthatheis
2. Sufficient Evidence. For purposes of frustrating a demurrer evidence
entitledtorelief 5. Presenceofaccusedisrequired
thereto is
such
evidence in
character,
weight or amount as will
legally justify the judicial or official action demanded LeaveofCourt Notrequired Withorwithout a. Arraignmentandplea;
accordingtothecircumstances. b. During trial, whenever necessary for identification
Effectofdenial,to Lostifdonewithout purposes;and
Tobeconsideredsufficient,evidencemustprove: Notlost
presentevidence leave.
a. Thecommissionofthecrime;and c. At
the
promulgation of
sentence unless it is for a light
Ifgranted Plaintiffmayappeal Noappealisallowed offense, in which case he may appear by counsel or
b. The precise degree of participation therein by the representative.
accused. Motionofdefendant.
Courtmayactm
otu
3. WITH Leave of Court. Motion for leave of court to file Upon Courtcannotact Rule120.Judgment
proprio
demurrer of evidence to be filed within 5 days after motuproprio
prosecutionrests. Sec1. Judgment;definitionandform
Sec24. Reopening
Prosecutionmayopposewithin5
daysf romreceipt. Judgment
is the adjudication by the court that the accused is guilty or
NOTES not guilty of the offense charged and the imposition on h im of the
If the court grants the motion for leave of court, the accused
1. At any time before finality of the judgment of conviction,
the properpenaltyandcivilliability,ifany.Itmustb e
shallfilethed emurrerwithin10daysfromnotice.
judge may, motu proprio or upon motion, with hearing in
Prosecutionhas1
0daystoopposefromreceipt. a) writtenintheofficiallanguage,
either case, reopen the proceedings to avoid a miscarriage of
Ifdemurrerisgranted,a
cquittal. justice. b) personally and directly prepared by the judge and signed by
himand
If denied, the accused presents evidence
in
his
defense,
then 2. The
proceedings shall be terminated within thirty (30) days
appealsifheisconvicted. fromtheordergratingit.( Sec24) c) shall contain clearly and distinctly a statement of the facts and
3. Followingrequirementsmustbemet: thelawu ponwhichitisb ased.
Orderd
enying:
(a) Motion
for
leave
of
court
to
file demurrer of evidence, a. Beforejudgmentbecomesfinal; Sec2. Contentsofthejudgments
or Ifthejudgmentisofconviction,itshallstate
b. Orderisissuedm
otuproprio,oruponmotion;
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 167of232
(1) the legal qualification of the offense constituted by the acts 1) of the offense proved which is included in the offense charged, Sec6. Promulgationofjudgment
committed by the accused and the aggravating or mitigating or
circumstanceswhichattendeditscommission; The judgment is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered. However,
2) oftheoffensechargedwhichisincludedintheoffenseproved.
(2) the participation of the accused in the offense, whether as if the conviction is for a light offense, the judgment may b e pronounced
principal,accomplice,oraccessoryafterthefact; NOTES in the presence of h is counsel or representative. When the judge is
(3) thepenaltyimposedu pontheaccused;and absent or outside of the province or city, the judgment may b e
1. Theruleis
promulgatedbythec lerkofcourt.
(4) the c ivil liability or damages caused by h is wrongful act or GR: he
T accused may
be
convicted
only
of
the
crime with
omission to b e recovered f rom the accused by the offended If the accused is confined or detained in another province or c ity, the
whichheischarged.
party, if there is any, unless the enforcement of the civil liability judgment may b e promulgated by the executive judge of the Regional
byaseparatecivilactionh asb eenreservedorwaived. EXC: RuleonV
ariance. Trial Court having jurisdiction over the place of confinement or
detention u pon request of the court which rendered the judgment. The
Incasethejudgmentisofa
cquittal,itshall 2. Variance in
the Mode of
Commission of
Offense. A variance
court promulgating the judgment shall h ave authority to accept the
in the
mode of
commission of the
offense
is
binding upon
the notice of appeal and to approve the b ail b ond pending appeal; provided,
(1) statewhethertheevidenceoftheprosecution
accused if
he
fails
to
object to evidence showing that the crime that if the decision of the trial court convicting the accused changed the
(a) absolutelyfailedtoprovetheguiltoftheaccusedor wascommittedinadifferentmannerthanwhatwasalleged. nature of the offense f rom non-bailable to b ailable, the application for
The variance
is
not
a bar
to
conviction
of
the crime charged in bailcanonlyb ef iledandresolvedbythea ppellatec ourt.
(b) merelyfailedtoproveh isguiltb eyondreasonabledoubt.
theinformation. The proper clerk of court shall give notice to the accused personally or
Ineithercase,thejudgmentshall through h is bondsman or warden and counsel, requiring h im to b e
3. Charging appellants with illegal possession when the
present at the promulgation of the decision. If the accused tried in
(2) determine if the act or omission f rom which the civil liability information filed against them charges the crime of
absentia b ecause h e jumped b ail or escaped f rom prison, the notice to
mightarisedidnotexist. importation does not violate their constitutional right to be
himshallb eservedath islastknownaddress.
informed of the nature and cause of the accusation brought
Sec3. Judgmentfortwoormoreoffenses In case the accused fails to appear at the scheduled date of
againstthem.
When two or more offenses are charged in a single complaint or promulgation of judgment despite notice, the promulgation shall b e
The rule is that when there is a variance
between
the
offense made
information b ut the accused fails to object to it before trial, the court
charged in the complaint or information, and that proved or
may 1) byrecordingthejudgmentinthecriminaldocketand
established by the evidence, and the offense as charged
1) convict h im of as many offenses as are charged and proved, necessarily includes the offense proved, the accused shall be 2) serving h im a copy thereof at h is last known address or thru
and convicted of the offense proved included in that which is hiscounsel.
charged.
2) imposeonh imthepenaltyforeachoffense, If the judgment is for conviction and the failure of the accused to
settingoutseparatelythef indingsoffactandlawineachoffense. An offense charged necessarily includes that
which is
proved, appear was without justifiable cause, h e shall lose the remedies available
when some of the essential elements or ingredients of the in these rules against the judgment and the court shall order h is arrest.
Sec4. Judgmentsincaseofvariancebetween former, as this is alleged in the complaint or information, Within fifteen (15) days from promulgation of judgment, h owever,
allegationandproof constitute the latter. Indeed, where an accused is charged with a the accused may surrender and f ile a motion for leave of court to avail
specific crime, he is duly informed not only of such specific of these remedies. He shall state the reasons for h is absence at the
When there is variance b etween the offense charged in the complaint scheduled promulgation and if h e proves that h is absence was for a
crime but also of lesser crimes or offenses included therein.
or information and that proved, and the offense as charged is included
(Peoplev.ChiChanLiu) justifiable cause, h e shall b e allowed to avail of said remedies within
in or necessarily includes the offense proved, the accused shall b e fifteen(15)daysf romnotice.
convicted
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 168of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 169of232
3. In criminal cases, an appeal throws the case wide open for (d) No notice of appeal is necessary in cases where the Regional Trial 1. An
appeal in a criminal proceeding throws the whole case open
review. When an accused appeals, he waives his
right
against Court imposed the death penalty. The Court of Appeals s hall for review of all its
aspects,
including
those not
raised
by
the
double jeopardy and runs the risk of being sentenced to a automatically review the judgment as provided in Section 10 of parties. The records show that Rodriguez had withdrawn his
penaltyhigherthanthatimposedbythetrialcourt. thisRule. appeal due to financial reasons. However, applying Section
(e) Except as provided in the last paragraph of section 13, Rule 124, all 11(a) of Rule 122, the evidence against and
the
conviction of
4. Change of Theory on Appeal. The rule is that a party
other appeals to the Supreme Court shall b e by petition for both appellant and Rodriguez are inextricably linked. Hence,
CANNOT change his theory on appeal, nor raise in the appellate
reviewoncertiorariunderRule45. appellant's acquittal, which is favorable and applicable to
court any question of law or fact that was not raised in the
Rodriguez, should benefit the latter. (People v. Rodriguez y
court below or which was not within the issue raised by the Sec5.
Waiverofnotice
Culo)
partiesintheirpleadings.
The appellee may
waive
his right to a notice that an appeal h as b een
Such issues cannot be raised because this would be offensive to
Sec12. Withdrawalofappeal
taken. The appellate court may, in its discretion, entertain an appeal
thebasicrulesoffairplay,justiceanddueprocess. notwithstanding failure to give such notice if the interests of justice so Notwithstanding the perfection of the appeal, the RTC, MTC as the case
require. may b e, may
allow
the
appellant to withdraw his appeal BEFORE the
5. FactualFindings
record has been forwarded by the clerk of court to the proper
GR: actual findings of the trial court, especially when
F
Sec6. Whenappealtobetaken
appellatecourt,inwhichcasethejudgmentshallb ecomef inal.
affirmed by the CA, deserve great weight and
respect Anappealmustb etakenwithinfifteen(15)daysf rom
The RTC may also, in its discretion, allow the appellant f rom the
andshouldnotbedisturbedonappeal;
judgment of a MTC to withdraw h is appeal, provided a motion to that
1) promulgationofthejudgmentor
EXC: nless there are facts of weight and substance that
u effect is filed before rendition of the j udgment in the c ase on appeal,
were overlooked or misinterpreted and that would 2) fromnoticeofthef inalorderappealedf rom. in which case the judgment of the court of origin shall b ecome f inal and
materiallyaffectthedispositionofthecase. the case shall b e remanded to the latter court for execution of the
This period for perfecting an appeal shall b e suspended f rom the time a judgment.
Sec3. Howappealtaken motion for new trial or reconsideration is f iled u ntil notice of the order
overruling the motion shall h ave b een served u pon the accused or h is
(a) The appeal to the Regional Trial Court, or to the Court of Appeals in counselatwhichtimetheb alanceoftheperiodb eginstorun. Rule124.ProcedureintheCA
cases decided by the Regional Trial Court in the exercise of its
original jurisdiction, shall b e by notice of appeal f iled with the N.B. Application of Neypes Doctrine in Criminal Cases. (see Yu v. Sec8.
Dismissalofappealforabandonmentorfailure
court which rendered the judgment or f inal order appealed f rom Samson-Tatad) toprosecute
andbyservingacopythereofu pontheadverseparty.
Sec11. Effectofappealbyanyofseveralaccused The Court of Appeals may, u pon motion of the appellee or motu proprio
(b) The appeal to the Court of Appeals in cases decided by the and with notice to the appellant in either case, dismiss the appeal if the
(a) An appeal taken by one or more of several accused shall not affect
Regional Trial Court in the exercise of its appellate jurisdiction appellant fails
to
file
his brief within the time prescribed by this Rule,
those who did not appeal, except insofar as the judgment of the
shallb ebyp
etitionforreviewunderRule42. exceptwheretheappellantisrepresentedbyacounseldeoficio.
appellatecourtisf avorablea ndapplicabletothelatter;
(c) The appeal in cases where the penalty imposed by the Regional The Court of Appeals may also, u pon motion of the appellee or
motu
(b) The appeal of the offended party f rom the civil aspect shall not
Trial Court is reclusion perpetua, life imprisonment or where a proprio,dismisstheappealif
affectthecriminalaspectofthejudgmentororderappealedf rom.
lesser penalty is imposed for offenses committed on the same
occasion or which arose out of the same occurrence that gave rise (c) Upon perfection of the appeal, the execution of the judgment or 1) theappellantescapesf romprisonorconfinement,
to the more serious offense for which the penalty of death, finalorderappealedf roms hallbes tayeda stotheappealingparty.
reclusion perpetua, or life imprisonment is imposed, shall b e by 2) jumpsbailor
NOTES
notice of appeal to the Court of Appeals in accordance with
3) fleestoaforeigncountryduringthependencyoftheappeal.
paragraph( a)ofthisRule.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 170of232
the motion for reconsideration. No party shall b e allowed a second RealObjectEvidence
Sec10. Judgmentnottobereversedormodifiedexcept motionforreconsiderationofajudgmentorf inalorder.
forsubstantialerror DemonstrativeObjectEvidence
OriginalDocumentRule
No judgment shall b e reversed or modified unless the Court of Appeals, Rule125.ProcedureintheSC
after an examination of the record and of the evidence adduced by the ParolEvidenceRule
parties, is of the opinion that error was committed which injuriously Sec3. Decisionifopinionisequallydivided Witnesses
affectedthesubstantialrightsoftheappellant.( H armlessErrorRule) Disqualifications
When the Supreme Court en b anc is equally divided in opinion or the
Sec13. Quorumofthecourt;certificationorappealof necessary majority cannot b e h ad on whether to acquit the appellant, ExecutivePrivilege
the case s hall again be deliberated u pon and if no decision is
casestoSupremeCourt TestimonialPrivilege
reached after re-deliberation, the judgment of conviction of the lower
(a) Whenever the Court of Appeals f inds that the penalty of death courtshallb ereversedandtheaccusedA CQUITTED. ExtrajudicialAdmissionsandConfessions
shouldb eimposed,thecourtshall AdmissionsAgainstInterest
(i) renderj udgment Rule127.ProvisionalRemedies ResInterAliosActaRule
(ii) butrefrainf rommakinganentryofjudgmentand SimilarActsorPreviousConductRule
Sec2. Attachment
HearsayEvidenceRule
(iii) forthwith certify the case and elevate its entire record to
When the civil action is properly instituted in the criminal action as ConceptofHearsayEvidence
theSCforreview.
provided in Rule 111, the offended party may h ave the property of the
(b) xxxx accused attached as security for the satisfaction of any judgment that
IndependentlyRelevantStatement
mayb erecoveredf romtheaccusedinthefollowingcases: ExceptionstoHearsayEvidenceRule
(c) In cases where the Court of Appeals imposes reclusion perpetua,
life imprisonment or a lesser penalty, it shall render and enter (a) Whentheaccusedisabouttoabscondf romthePhilippines; OpinionRule
judgment imposing such penalty. The judgment may b e appealed CharacterEvidence
(b) When the c riminal action is based on a c laim for money or
to the Supreme Court by notice of appeal f iled with the Court of
property embezzled or f raudulently misapplied or converted BurdenofProofandofEvidence
Appeals.
totheu seoftheaccusedxxxx; PresentationofEvidence
Sec14. Motionfornewtrial (c) When the accused h as concealed, removed, or disposed of h is OfferandObjection
At any time after the appeal f rom the lower court h as b een perfected property,orisabouttodoso;and WeightandSufficiencyofEvidence
and before the judgment of the Court of Appeals convicting the (d) WhentheaccusedresidesoutsidethePhilippines.
appellant becomes final, the latter may move for a new trial on the COURSEMATERIALS: Primarycoursematerialsare:
groundofn
ewly-discoveredevidencematerialtoh isdefense.
(a)LawsandRules:
EVIDENCE
Sec15. Wherenewtrialconducted (1) The Rules of Court, particularly the Revised Rules on
When a new trial is granted, the Court of Appeals may conduct the DefinitionofTermsandGeneralPrinciples Evidence(Rule128-133);
hearingandreceiveevidenceo rreferthetrialtothecourtoforigin. AdmissibilityofEvidenceanditsRequisites (2) The
Bill of Rights under the 1987 Constitution, particularly the
provisions governing the Rights of the Accused under Custodial
Sec16. Reconsideration JudicialNotice
Investigation, Right Against Self-Incrimination, Right Against
JudicialAdmissions
A motion for reconsideration shall b e f iled within fifteen (15) days after Unreasonable Search and Seizure, and Inviolability of the
from notice of the decision or f inal order of the Court of Appeals, with LegalPresumptions PrivacyandCommunication;
copies served u pon the adverse party, setting forth the grounds in ObjectEvidence
support thereof. The mittimus shall b e s tayed during the pendency of
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 171of232
This
refers
to
the
requirement
of
competency.
Evidence must not
beexcludedbytheRules,Constitutionorsomespeciallaw. (4) Itspurposeistoascertaintruth,LEGALTRUTH;
NB: Codal provisions are already derived from the 2019 Proposed
(3) Appliesonlyinjudicialproceedings; Moral truth is when a claim coincides with reality. If a witness
Amendments of the Revised Rules on Evidence or A.M. No.
claims that something exists and is consistent with
what actually
19-08-15-SC.Pleasenoteofthefollowing: The rules on evidence do not strictly apply in the proceedings happened, that is moral truth. But
it
may
not
necessarily be
legal
(a) Thisisanamendment; before non-judicial proceedings, but only by analogy or in a truth.
(b) Anentirelynewprovision. suppletorycharacter,wheneverpracticableandconvenient.
As
lawyers, we
are only concerned with the legal truth. It has been
SeecasesofJ inggoyEstradav.Ombudsman,andP
DICv.Casimiro. defined
as
that
which the
evidence says it is. It may not necessarily
coincidewithreality.
Respondents objected to admission of hearsay evidence as per the
DefinitionofTermsandGeneralPrinciples (5) Thetruthascertainedmustrelatetoamatteroffact
Rules of Court. SC ruled that the objections are improper since the
A. Evidencea
sd
efined rules on evidence do not apply in proceedings before the Evidence is
only
relevant when there are
issues
of
fact
in
the
case.
Ombudsman. Take judgment on the pleadings, or
summary judgment. These are
Section 1 Rule 128. Evidence defined. — Evidence is the means, remedies available when the
pleadings of the parties do not present
sanctioned by these rules, of ascertaining in a judicial proceeding the In appearing before administrative or quasi-judicial bodies, be genuine issues of facts; what remains are legal issues. When this
truthrespectingamatteroffact. acquaintedinsteadoftheirrespectiverulesofprocedure. happens, the
Court is
obliged to dispense with trial, because trial is
precisely required if there is evidence required, and evidence is
Not all types of judicial proceedings are governed by
the rules
on
B. Evidencea
ndP
roof onlyrequiredifthereisanyfactualissuetoresolve.
evidence, though. As
per
Rule
1 Sec
4,
these
Rules
shall not
apply
Proof is not evidence itself. There is proof only because of to:
C. FactumP
robanduma nd
evidence. It is merely the probative effect of evidence and is the (a) Electioncases, FactumP
robans
consideration of persuasion of the mind resulting from a (b) Landregistration,
considerationoftheevidence. (c) Cadastral, Evidencerelatestotwotypesoffacts
Proof is the effect or result of evidence, while evidence is the (d) Naturalizationand (a) Factumprobandum.Theultimatefacttobeproved.
mediumofproof. (e) Insolvencyproceedings.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 172of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 173of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 174of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 175of232
inside can only be done if a warrant to examine is duly
SC ruled that the police went inside for the purpose of looking for
obtained. SeizureofEvidenceinPlainView
incriminating evidence. For the plain view doctrine to operate, the
Take note also that these warrants, unlike the ordinary ones, have a The rationale behind this is the impracticability of authorities procuring discovery must be inadvertent such
that it should not be specifically
lifespan of 10 days and can be further extended to another 10 days. search warrant in the face of
an incriminating object
observed directly soughtfor.Thedriedmarijuanaleaveswerethereforei nadmissible.
Also, there is nothing in
the
rules
that
prohibit further extensions. by t
he s
eizing o
fficer. F
or t
his t
o p
rosper, 3
r
equisites m
ust b
e m
et:
So
it
can be argued that the warrant can be extended so long as there (c) Apparent Illegality of
Object. The incriminating nature of the
(a) Prior Valid Intrusion. The seizing officer
must have the right
existsanyjustifiableground. object must be apparent to the observation of the seizing
whereheiswhenhestumbledupontheincriminatingobject.
Take
note also of
the rule on VENUE. Here, there
are three (3) possible officer.Itsillegalitymustbeobvious.
TakethecaseofP pv.Salanguit
venues: Incriminating nature can be
determined by
any
of the senses.
When the purpose of the search warrant is already accomplished, any Take the case of Pp v. Claudio, G.R. No. 72564, 15 Apr 1988,
1. Placeofcommission;
furthersearchisnolongerjustified. where a plastic woven bag appearing to contain camote tops on
2. Placewherethecomputerdeviceorpartthereofislocated;OR
3. Place where the damage caused to the private complainant The case involves a search warrant commanding the police to search the top had a big
bundle of
plastic
of
marijuana at
the
bottom
occured. and d
etermine a
q
uantity o
f
s
habu and paraphernalia. While sincetheofficerrecognizeditssmell.
implementing the warrant, police further found dried marijuanan
ThecourtreferredhereinistheC ybercrimeCourt. Searchincidenttoalawfularrest
leaveswrappedinnewspaper.
ExclusionaryR ulesU
ndert he1
987 The seized marijuana leaves were disregarded for having been a fruit This
contemplates a situation where a search takes place after a
Constitution of
a further search. Given that the police officers already knew where VALIDarrest.Itcannotbethereverse.
to
find the shabu subject of the warrant, it’s logical to assume that the
RightAgainstUnreasonableSearchesandSeizure
An arrest is valid if done pursuant to a warrant of arrest or
police first found the
shabu and paraphernalia. And after
finding the
andtheRighttoPrivacy under the recognized exceptions. Under Rule 113 Sec 5, there
items subject of
warrant, police conducted further search. And in the
are3instancesofvalidwarrantlessarrests
process,seizedotheritemsnotindicatedinthewarrant.
GR: Anysearchandseizureisinvalid
(a) Inflagrantedelicto.Requirescompliancewith2requisites:
Thus, the further search can not be deemed a valid intrusion since the
EXC: nless made pursuant to a search warrant or falls
u among
the purposeofthesearchhasalreadybeenaccomplished. (i) Overt acts on the part of the person to be arrested
recognizedexceptions. indicating that a crime has just been, is being or about to be
ExceptionstotheSearchWarrantRequirement (b) Inadvertent Discovery. The seizing officer s hould not committed;
specifically look for the incriminating object. Pp v. Musa
(1) Plainview; Trail-blazedbycasessuchasPpv.Amminudin
demonstratesthisrequirement.
(2) Searchincidenttoalawfularrest; Arrest was illegal and cannot be justified under in
flagrante
delicto
A
buy-bust operation was
conducted outside the
house
of Musa. The because there is nothing illegal about a person disembarking from
(3) Consentedsearch; poseur-buyer handed Musa the marked money. Musa went back to thevesselwalkingonthegangplank.
(4) Searchincheckpoints; his
house
to get
the
illegal
drugs.
Indeed, he returned, and then Musa
deliveredtheshabutotheposeur-buyer. Ppv.Mengote
(5) Terrysearch;
When they
conducted a body search on Musa, they could not find the
(6) Searchinmovingvehicles; Police
obtained a report
of
3 persons
acting
suspiciously in an alley.
marked money.
The officers thus
barged in
the
house
to
look for the
Mengote was
arrested after being observed to be looking side-to-side,
(7) Customssearch; marked money. Lo and behold, they found a plastic container hanging
withhishandholdinghisabdomen.
overthekitchenwhicheventuallyyieldeddriedmarijuanaleaves.
(8) Searchinexigentcircumstances. Thereisnothingcriminalaboutthis.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 176of232
(b) Hotpursuit. The only allowed search is a visual one, done outside the (2) Suspectmustbetakenintoc ustodyo
flaw.
vehicle. It does not authorize the officers to demand the
(c) Arrestofanescapedprisoner. Peoplev.Guting
lowering of
the
windows, nor
to
demand that
occupants alight
fromthevehicle. The son stabbed his father to death. He
approached
two
policemen
TerrySearch
standingacrossthepolicestationandvoluntarilyconfessedtothem.
Exceptions would be when there is probable cause that the
A person is stopped and frisked. If the search of his body yields
occupants are
committing a crime or
that
the
vehicle contains SCsaysMirandarightsarenotavailablehere.
positive, that person may now
be arrested,
under in
flagrante
incriminating objects. Refer to Guanzon v. De Villa, G.R. No.
delicto. Under RA 7438, "custodial investigation" shall include the
80508.January30,1990.Alsoin
practice of issuing an "invitation" to a person who is
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 177of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 178of232
pupil. Accused sought the exclusion of these evidence for having USv.TanTeng When a person charged with falsification of documents was forced to
beenobtainedwithouttheassistanceofcounsel. This
involves a suspect compelled to
submit to physical tests where produce a sample of his
handwriting
to
compare it
with
the
alleged
SC rejected
this
contention
ruling
that
the
Miranda
rights
only
cover substances emitted by
his body were subjected to laboratory tests to falsifieddocument.
testimonialevidenceandnotobjectevidence. determine if
he is
afflicted with gonorrhea. The victim of the acts of The SC sustained Samson’s objection
holding
that
this
is
not
purely
Peoplev.Malimit lasciviousnesswasalsoafflictedwithgonorrhea. mechanical since producing one’s handwriting involves the
Tan Teng’s objection was rejected since this is not covered by the interventionofthemind.
Malimit was a suspect for robbery and while under custody, he
confessed and pointed to the location where they hid the stolen privilegeofself-incrimination. JaimedelaCruzv.People
goods. Villaflorv.Summers Even if evidence was taken by a purely mechanical act but it has
Malimit sought the exclusion of the goods as evidence contending Consistent with this doctrine, an accused of adultery may be absolutely no relation to the principal cause of the arrest of the
that these were procured in violation of
his
rights
under
Sec
12
Art compelled to
submit to
a pregnancy test to prove that the baby she is suspect, it is still subject to the protection of the right against
III. SC rejected such an argument, applying the rule that object carryingissiredbyamanotherthanherhusband. self-incrimination.
evidenceisnotcoveredundertheMirandawarnings. Peoplev.Vallejo Here, the suspect was arrested for alleged extortion but was subjected
toaurinetestthatyieldedpositiveresultsofdruguse.
Rape and slay of a minor child. DNA test was conducted on the
RightAgainstSelf-incrimination In
the prior cases discussed, the evidence was related to the principal
vaginal swab taken from
the
victim. This
was compared to
the DNA
profile of Vallejo which yielded a positive match. This
again is
not cause of arrest, unlike in this case. Urine has nothing to do with
§17ArtIII.Nopersonshallb ecompelledtob eawitnessagainsth imself. extortion.Unlessyouuseurinetoextort.
coveredbytherightagainstself-incrimination.
correlatewithRule130,Sections27,29&31
Thesameprincipleappliesaswhenaccusedissubjectedto: When is
the
right invocable? What kind of proceeding is this invocable?
Section 27. Admission of
a party. — The act, declaration or omission of a ANY, as long as the proceeding is initiated by the State. Remember
(a) Fingerprinting; Peoplev.Marti.
partyastoarelevantfactmayb egiveninevidenceagainsth imo rher.
Section 29. Admission by third
party. — The rights of a party cannot b e (b) Paraffintest; When is a question incriminating? When the question calls for an
prejudiced by an act, declaration, or omission of another, except as (c) Photographing; answer that may establish criminal liability or expose the witness to
hereinafterprovided. criminal prosecution. If it only tends to establish civil or
(d) Forcingaccusedtostripnakedtoshowconditionsofhisbody; administrativeliability,thequestionisNOTincriminating.
Section 31. Admission by conspirator. — The act or declaration of a
conspirator in furtherance of the conspiracy and during its existence, (e) Forcingaccusedtomeasurepartsofhisbodyforcomparison. Although the
right
may be
invoked in
any
proceeding, the
nature
of
the
may b e given in evidence against the co-conspirator after the conspiracy question
propounded is
an
entirely
different
matter. The right may only
These are purely mechanical, and not protected by the right against
isshownbyevidenceotherthansuchactofdeclaration. beinvokedagainstthosequestionsthatareincriminating.
self-incrimination.
If the question seeks an admission for a crime that
has
prescribed or
The kernel of the privilege is testimonial compulsion. Thus, covers The principle no longer applies if the process of examination would
it
that the person has already been granted immunity, this is
no
longer
generally testimonial evidence. Object or those that are purely require
evidence the
intervention of the mind or the mental faculty of the subject.
covered. This is no longer incriminating since the person would no
mechanicalarenotcovered. Thisp ieceofevidenceisnowprotected.
longerbeexposedtopossiblecriminalliabilityorprosecution.
USv.OngSiuHong Howdoyouinvoketherightagainstself-incrimination?
Beltranv.Samson
This involves compelling a suspect
to discharge
morphine from his Refusetotake Refusetoanswer
Proceeding
mouth. He invoked his right against self-incrimination. SC rebuffed witnessstand questions
him,rulingthattherightappliesonlytotestimonialcompulsion.
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 179of232
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL 180of232
3. upon order of a competent court in cases of bribery or TheclientwasprosecutedforviolationofRA4200.
derelictionofdutyofpublicofficials,or SC
ruled
that the use of an extension telephone line is not prohibited Ramirezv.CA
under RA
4200. Applying ejusdem generis, the prohibited devices are Involves 2 friends, or maybe not so. One day, they had a meeting,
4.in cases
where the
money deposited or
invested
is
the
subject
used for illegal purposes, but an extension telephone line is not Garcia lambasted Ramirez, calling her names, and unleashed her
matterofthelitigation.
intended for an illegitimate purpose. It was a common practice to vilifying words against Ramirez. Ramirez got offended and sued
Another law is RA 6426, Foreign Currency Deposits Act, a law of
allowextensionwires. Garciafordamagesarisingfromdefamation.
specific
application, that affords immunity of a foreign currency deposit
from being levied or attached on execution; as well as being examined or Ramirez presented a recording of the altercation hoping to nail
Needless to state, RA 4200 does not cover video recordings. Not all
inquired to. There is only one exception: CONSENT of depositor, as Garcia,butendedupbeingnailedbyit.
communicationsarecovered,onlyPRIVATE.
enunciated in PSB v. Senate Impeachment Court. Forgetting their Ramirez contended
that she
could
not be liable since she was a party
previousrulingin to the conversation. SC disagreed saying that the literal
language of
Navarrov.People
thelawsaysthatANYpersonnotbeingauthorizedisliable.
Two reporters proceeded to the police station to report the public
Salvacionv.CentralBank,GRNo94723,21Aug1997
exhibition of
women
in
a bar.
Navarro acted hostile to
the
reporters.
The rationale of FCDA is to help the PH economy by encouraging Their conversation turned violent that resulted in the death of a RapeShieldProtectionRule
foreign investors. The
law was enacted to
afford
absolute protection reporter. Section 6, Republic
Act
No.
8505, otherwise
known
as
the
“Rape
offoreigncurrencydeposits. VictimAssistanceandProtectionActof1998”
Unknownst to Navarro, the confrontation was secretly recorded by
In this case, accused was convicted of
raping
a Filipina girl
several the other reporter. Navarro objected to the presentation of the
times. SC said the accused was merely a transient. His deposit did not SEC. 6. Rape Shield. — In prosecutions for rape, evidence of complainant's
recordingasitallegedlyviolatedRA4200.
past sexual conduct, opinion thereof or of h is/ h er reputation shall not b e
in
any way serve the purpose of the law. Therefore, there is no reason
SC
rebuffed him
holding that
the recorded confrontation was PUBLIC, admitted unless, and only to the extent that the court f inds, that such
toapplythelawtohisbenefit.
takingintoaccountthat: evidenceism aterialandrelevanttothecase.
These prohibitions are imposed particularly on the bank officers and (a) Theconfrontationhappenedinapublicplace;
SexualAbuseShieldRule
institutions.Itisnotaprohibitionimposedonthedepositor. (b) Ittookplaceinthepresenceofmanyotherpeople.
Section 30, Rule on Examination of a Child Witness, A.M. No.
Anti-WireTappingAct Allthesenegateprivacy.
00-4-07dated21November2000,effective15December2000
R.A.4200,otherwiseknownastheWiretappingAct Gaananv.CA
SC took note that the conversations between the lawyers were private. Section30.Sexualabuseshieldrule.—
This law
punishes anyone who, without the permission of all parties to
(a) Inadmissible evidence. — The following evidence is NOT
a
private communication or spoken words, tap any wire or cable, or use Ifitwasonlymeanttobeheardtoaspecificperson,thenitisprivate.
admissible in any criminal proceeding involving alleged child
any device to
intercept,
overhear, record
such communication by using sexualabuse:
BasedontheSyllabusofD
eanMonteclar,Atty.Solenga ndDeanTorregosa ByRGL