Bar Review Institute
University of the Philippines College of Law
LAST MINUTE TIPS IN
REMEDIAL LAW
BAR 2020/2021
N.B. Unless otherwise stated, the provisions cited
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herein pertain to the Rules of Court.
CIVIL PROCEDURE
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I. JURISDICTION
Q1: What confers jurisdiction?
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ANS: The law and the Constitution confer
jurisdiction.
Q2: How is jurisdiction determined?
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ANS: Jurisdiction is determined by the allegations
of the complaint.
Q3: May a special commercial court exercise
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jurisdiction over ordinary civil actions for
collection, specific performance, and damages?
ANS: Yes. A court, although designated as a
special commercial court, retains its general
jurisdiction to try ordinary civil cases. According
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to Gonzales, et al., v. GJH Land, Inc., a particular
branch which has been designated as a Special
Commercial Court does not shed the RTC's
general jurisdiction over ordinary civil cases
under the imprimatur of statutory law, i.e., Batas
Pambansa Bilang (BP) 129. The matter of whether
the RTC resolves an issue in the exercise of its
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general jurisdiction or of its limited jurisdiction as
a special court is only a matter of procedure and
has nothing to do with the question of
jurisdiction. [Ku v. RCBC Securities, G.R. No.
219491, October 17, 2018]
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Q4: When can an action be the subject of a
Summary Procedure?
ANS:
For Civil Cases:
● Within Metro Manila, when the claim does
not exceed P200,000.00.
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● Outside Metro Manila, when the claim
does not exceed P100,000.00
For Criminal Cases:
● Violations of traffic laws, rules and
regulations;
● Violations of the rental law;
● Violations of municipal or city ordinances;
● All other criminal cases where the penalty
prescribed by law for the offense charged
is imprisonment not exceeding six months,
or a fine not exceeding (P1,000.00), or
both, irrespective of other imposable
penalties, accessory or otherwise, or of the
civil liability arising therefrom: Provided,
however, that in offenses involving
damage to property through criminal
negligence, this Rule shall govern where
the imposable fine does not exceed ten
thousand pesos (P10,000.00).
Q5: When can an action be the subject of Small
Claims?
ANS:
● Within Metro Manila, if the claim does not
exceed P400,000.00.
● Outside Metro Manila, if the claim does
not exceed P300,000.00.
Q6: Do the jurisdictional amounts for Summary
Procedure and Small Claims conflict with one
another?
ANS: No. The applicable rules shall be at the
option of the complainant.
Q7: Should a court dismiss an action for
payment of insufficient docket fees?
ANS: No. Where the party does not deliberately
intend to defraud the court in payment of docket
fees, and manifests its willingness to abide by the
rules by paying additional docket fees when
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required by the court, it may allow payment of
the fee within a reasonable period of time, but in
no case beyond the applicable prescriptive or
reglementary period. Notwithstanding the
mandatory nature of the requirement of payment
of appellate docket fees, its strict application is
qualified by the following: first, failure to pay
those fees within the reglementary period allows
only discretionary, not automatic, dismissal;
second, such power should be used by the court
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in conjunction with its exercise of sound
discretion in accordance with the tenets of justice
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and fair play, as well as with a great deal of
circumspection in consideration of all attendant
circumstances. [Reinoso v. Court of Appeals, G.R.
No. 116121, July 18, 2011]
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II. CAUSES OF ACTION
Q8: What are the requisites of a cause of action?
ANS: The requisites of a cause of action are:
a. a right in favor of the plaintiff by whatever
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means and under whatever law it arises or
is created;
b. an obligation on the part of the named
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defendant to respect or not to violate such
right; and
c. an act or omission on the part of such
defendant in violation of the right of the
plaintiff or constituting a breach of the
obligation of the defendant to the plaintiff
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for which the latter may maintain an
action for recovery of damages or other
appropriate relief
[Anchor Savings Bank v. Furigay, G.R. No. 191178,
13 March 2013]
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Q9: Distinguish Splitting of Cause of Action,
Litis Pendencia and Forum Shopping
ANS:
Forum Shopping Splitting of
Cause of
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Res Judicata Litis
Action
Pendentia
multiple cases multiple cases multiple
cases
same cause of same cause of same cause
action action of action
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same prayer same prayer different
prayers
same issues same issues
previous case the other
having been case/s is not
resolved yet resolved
Q10: Can an ordinary civil action be joined with
a special civil action?
ANS: No. Actions governed by different rules
cannot be joined and must be pursued separately.
[Rule 2, Sec. 5(b)]
Q11: May the stipulation in the sales invoice
serve as a basis for the venue of an action for a
sum of money?
ANS: No. An instrument cannot be construed to
stipulate on venue when such was not included in
the intention of its signatories. Thus, a sales
invoice signed by representatives of either or both
parties, solely for the purpose of acknowledging
receipt of goods, cannot bind the parties to
stipulations as to venue in case of civil action.
[Hygienic Packaging Corporation v. Nutri-Asia, Inc.,
G.R. No. 201302, January 23, 2019] The venue for
collection of a sum of money is governed by Rule
4, Section 2 of the Rules of Court.
III. PARTIES
Q12: Who is an Indispensable Party?
ANS: Parties in interest without whom no final
determination can be had of an action. [Rule 3,
Sec. 7]
Q13: What would happen if an Indispensable
Party was not impleaded in the case?
ANS:
The non-joinder of indispensable parties is not a
ground for the dismissal of an action. At any
stage of a judicial proceeding and/or at such
times as are just, parties may be added on the
motion of a party or on the initiative of the
tribunal concerned. If the plaintiff refuses to
implead an indispensable party despite the order
of the court, that court may dismiss the complaint
for the plaintiff’s failure to comply with the order.
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[Rule 3, Sec. 11; Divinagracia v. Parilla, G.R. No.
196750 (2015)]
Q14: When can a Class Suit be filed?
ANS:
1. The subject matter of controversy is one of
common or general interest to many
persons
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2. The parties affected are so numerous that
it is impracticable to bring them all to
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court; and
3. The parties bringing the class suit are
sufficiently numerous or representative of
the class and can fully protect the interests
of all concerned. [Banda v. Ermita, G.R. No.
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166620 (2010)]
Q15: When can there be Substitution of Parties?
ANS:
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1. By reason of death of a party to an action
[Rule 3, Sec. 16]
2. By reason of resignation or cessation of
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holding of office [Rule 3, Sec. 17]
3. By reason of transfer of interest [Rule 3,
Sec. 19]
IV. SUMMONS
Q16: When is there failure of service of
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summons?
ANS: There is failure of service after unsuccessful
attempts to personally serve the summons on the
defendant in his address indicated in the
complaint. [Rule 14, Sec. 4]
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Q17: When is substituted service of summons
allowed?
ANS: It is allowed if, for justifiable causes, the
defendant cannot be served personally after at
least 3 attempts on 2 different dates. It may be
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effected by:
1. By leaving copies of the summons at the
defendant’s residence to a person at least
18 years of age and of sufficient discretion
residing therein;
2. By leaving the copies of the summons at
the defendant’s office or regular place of
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business with some competent person in
charge thereof.
3. By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with any of
the officers of the homeowners' association
or condominium corporation, or its chief
security officer in charge of the
community or the building where the
defendant may be found; and
4. By sending an electronic mail to the
defendant's electronic mail address, if
allowed by the court. [Rule 14, Section 6]
Q18: When can the plaintiff serve summons?
ANS:
1. When there is failure of service of
summons by the sheriff, his or her deputy,
or other court officer — the court may
authorize the plaintiff to serve summons
together with the sheriff.
2. Where summons is to be served outside
the judicial region of the court where the
case is pending — plaintiff alone shall be
authorized to cause the service of
summons. [Rule 14, Sec. 3]
Q19: When is extraterritorial service of
summons allowed?
ANS: Extraterritorial service is allowed in the
following instances:
1. The action affects the personal status of
the plaintiff;
2. The action relates to, or the subject of
which is the property within the
Philippines on which the defendant has or
claims a lien or interest, actual or
contingent;
3. The action in which the relief demanded
consists, wholly or in part, in excluding
the defendant from any interest therein;
and
4. When the property of the defendant has
been attached in the Philippines [NM
Rothschild & Sons (Australia) Ltd. v. Lepanto
Consolidated Mining Co., G.R. No. 175799
(2011)]
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Q20: How is service on a foreign juridical entity
registered in the Philippines made?
ANS: Service shall be made on its:
1. Resident agent designated in accordance
with law for that purpose;
2. If there be no such agent, on the
government official designated by law to
that effect; or
3. On any of its officers or agents, directors
or trustees within the Philippines [Rule 14,
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Section 14]
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Q21: How is service on a foreign private
juridical entity NOT registered in the
Philippines made?
ANS: Service may, with leave of court, be effected
outside of the Philippines through any of the
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following means:
1. By personal service coursed through the
appropriate court in the foreign country
with the assistance of the Department of
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Foreign Affairs;
2. By publication once in a newspaper of
general circulation in the country where
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the defendant may be found and by
serving a copy of the summons and the
court order by registered mail at the last
known address of the defendant;
3. By facsimile;
4. By electronic means with prescribed proof
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of service; or
5. By such other means as the court may in
its discretion direct. [Rule 14, Section 14]
V. PLEADINGS AND MOTIONS
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Q22: What is presumptive service?
ANS: There shall be presumptive service of a
notice to a party of a court setting in the following
instances:
(1) Addressee is in the same judicial region of
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the court where the case is pending – if
such notice appears on the records to have
been mailed at least 20 calendar days prior
to the scheduled date of hearing
(2) Addressee is from outside the judicial
region of the court where the case is
pending – if such notice appears on the
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records to have been mailed at least 30
calendar days prior to the scheduled date
of hearing. [Rule 13, Sec. 10]
Q23: What are the contents of a pleading?
ANS: Under Rule 7, Section 2, the body of the
pleading sets forth:
1. Its designation
2. The allegations of the party’s claims or
defenses
3. The relief prayed for, and
4. The date of the pleading.
In addition, under Rule 7, Section 6, every
pleading stating a party’s claims or defenses shall
state:
a. Names of witnesses who will be presented
to prove a party's claim or defense;
b. Summary of the witnesses' intended
testimonies, provided that the judicial
affidavits of said witnesses shall be
attached to the pleading and form an
integral part thereof; and
c. Documentary and object evidence in
support of the allegations contained in the
pleading. [Rule 7, Sec. 6]
Q24: What are affirmative defenses?
ANS: An allegation of a new matter which, while
hypothetically admitting the material allegations
in the pleading of the claimant, would
nevertheless prevent or bar recovery by him or
her. [Rule 6, Sec. 5(b)]
Q25: What affirmative defenses may be raised in
an Answer?
ANS:
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
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 10. Any other matter by way of confession or
avoidance
11. No subject matter jurisdiction
12. Litis pendentia
13. Res judicata [Rule 6, Sec. 5(b)]
Q26: What is the effect of failure to raise an
affirmative defense?
ANS: Failure to raise shall be deemed a waiver of
the affirmative defense. [Rule 9, Sec. 1]
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Q27: Is a defendant allowed to file a motion to
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dismiss?
ANS: Yes, but only for the following grounds: (1)
that the court has no jurisdiction over the subject
matter of the claim; (2) that there is another action
pending between the same parties for the same
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cause; and (3) that the cause of action is barred by
a prior judgment or by the statute of limitations.
[Rule 15, Sec. 12 (a)]
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Q28: What does the signature of a lawyer in a
pleading represent?
ANS: It is a certificate by him or her that:
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1. He or she has read the pleading and
document
2. To the best of his or her knowledge,
information, and belief formed after an
inquiry reasonable under the
circumstances:
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a. It is not being presented for any
improper purpose, such as to
harass, cause unnecessary delay, or
needlessly increase the cost of
litigation
b. The claims, defenses, and other
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legal contentions are warranted by
existing law or jurisprudence, or
by a non-frivolous argument for
extending, modifying, or reversing
existing jurisprudence;
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c. The factual contentions have
evidentiary support or, if
specifically so identified, will likely
have evidentiary support after
availment of the modes of
discovery under the Rules; and
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d. The denials of factual contentions
are warranted on the evidence or, if
specifically so identified, are
reasonably based on belief or a lack
of information. [Rule 7, Sec. 3]
Q29: What Modes of Filing are allowed by the
Court and when are they deemed filed?
ANS:
1. Personal filing – the date that the Court
that the pleading is received.
2. Registered Mail – the date of mailing.
3. Accredited Courier – the date it is
brought to the courier for filing.
4. Electronic mail or other electronic means
as may be authorized by the court – the
date of transmission. [Rule 13, Sec. 3]
Q30: What Modes of Service are allowed by the
Court?
ANS:
1. Personal service
2. Registered mail
3. Accredited courier
4. Electronic mail
5. Facsimile transmission
6. Other electronic means as may be
authorized by the court or as provided for
in international conventions to which the
Philippines is a party [Rule 13, Sec. 5]
Q31: What is the omnibus motion rule?
ANS: Subject to the provisions of Section 1 of Rule
9, a motion attacking a pleading, order, judgment,
or proceeding shall include all objections then
available, and all objections not so included shall
be deemed waived [Rule 15, Sec. 9].
VI. PRE-TRIAL
Q32: When must the court issue the Pre-Trial
Notice?
ANS: Within 5 days after the last responsive
pleading has been served and filed. [Rule 18, Sec.
1]
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Q33: When must the Court schedule the Pre-trial
Conference?
ANS: No later than 60 days from the filing of the
last responsive pleading. [Rule 18, Sec. 1]
Q34: Who must be present at the Pre-trial
Conference?
ANS: The Plaintiff/s and their Counsel, and the
Defendant/s and their Counsel. [Rule 18, Sec. 4]
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Q35: What is the effect of the failure to submit a
Pre-Trial Brief?
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ANS: The party who fails to submit a Pre-trial
Brief within the prescribed period shall be
deemed to be absent at the Pre-trial Conference.
[Rule 18, Sec. 6]
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Q36: What is the effect of non-appearance
without just cause of a party and counsel in the
pre-trial?
ANS: The failure without just cause of a party and
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counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
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genuineness and due execution. [Sec. 2, Rule 18]
Furthermore, the failure of the plaintiff and
counsel to appear without valid cause when so
required, shall cause the dismissal of the action. A
similar failure on the part of the defendant and
counsel shall be cause to allow the plaintiff to
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present his or her evidence ex-parte within ten
(10) calendar days from termination of pre-trial,
and the court to render judgment on the basis of
the evidence offered. [Sec. 5, Rule 18]
Q37: May the court render Judgment after
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Pre-Trial?
ANS: Yes. Should the court find that there are no
controverted facts, no genuine issue, the court
may motu proprio incorporate in the Pre-Trial
Order that case will be submitted for judgment on
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the pleadings or summary judgment. Within 90
days from termination of Pre-trial, the court must
render judgment. [Rule 18, Sec. 10]
VII. MODES OF DISCOVERY
Q38: What are the uses of a deposition?
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ANS:
1. To impeach a witness.
2. To include a person’s testimony in
evidence when the deponent is more than
100 kilometers from place of hearing or is
out of the Philippines, UNLESS it appears
that his or her absence was procured by
the party offering the deposition
3. To include a person’s testimony in
evidence when:
a. The deponent is dead
b. The deponent is unable to attend
or testify because of age, sickness,
infirmity, or imprisonment
c. The party offering the deposition
has been unable to procure the
attendance of the witness by
subpoena. [Rule 23, Sec. 4]
Q39: What are the grounds to oppose the taking
of a deposition?
ANS:
1. Lack of relevance
2. The intended subject matter of the
deposition is covered by privileged
communications
3. The taking of deposition is intended to
oppress, annoy, or embarrass the
deponent.
Q40: What are the grounds for quashing a
subpoena?
ANS: A subpoena may be quashed:
● For subpoena duces tecum - a.
Unreasonable, oppressive, irrelevant
● For subpoena ad testificandum - a.
Witness is not bound thereby, b. The
witness fees and kilometrage were not
tendered when the subpoena was served
[Sec. 4, Rule 21]
Q41: Where should a petition to take deposition
before action be filed?
ANS: The verified petition shall be filed in the
court of the place of the residence of any expected
adverse party [Sec. 1, Rule 24].
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Q42: When can a physical and mental
examination of persons be ordered by the court?
ANS: In an action in which the mental or physical
condition of a party is in controversy, the court in
which the action is pending may in its discretion
order him or her to submit to a physical or mental
examination by a physician. [Sec. 1, Rule 28]
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VIII. TRIAL, JUDGMENT, AND
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POST-JUDGMENT REMEDIES
Q43: What are the allowable grounds for motion
for postponement?
ANS: The allowable grounds are: (1) Acts of God;
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(2) Force majeure; (3) Physical inability of the
witness to appear and testify. [Rule 15, Sec. 12(f)]
Q44: How may Final Judgments be served?
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ANS: Final Judgments may be served by Personal
Service and Registered Mail ONLY. However, a
party can apply ex-parte for service of Final
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Judgment by Accredited Courier costs of which
will be shouldered by the requesting party. Final
Judgments may be served by publication if the
party was previously summoned by publication,
at the expense of the prevailing party. [Rule 13,
Sec. 13]
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Q45: What is the effect of granting demurrer to
evidence?
ANS: If the demurrer is granted, the case shall be
dismissed. However, if, on appeal, the order
granting the motion is reversed, the defendant
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loses his right to present evidence [Sec. 1, Rule 33,
Rules of Court; Republic v. Tuvera, 516 SCRA 113,
136]
Q46: What is the difference between demurrer
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in a civil case and demurrer in a criminal case?
ANS: The difference between demurrer in a civil
case and demurrer in a criminal case are:
1. In a civil case, leave of court is not
required before filing a demurrer. In a
criminal case, a demurrer is filed with or
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without leave of court [Sec. 23, Rule 119,
Rules of Criminal Procedure].
2. In a civil case, if the demurrer is granted,
the order of dismissal is appealable [Sec. 1,
Rule 33, Rules of Court]. In a criminal
case, the order of dismissal is not
appealable because of the constitutional
policy against double jeopardy. The
dismissal is equivalent to the acquittal of
the accused.
3. In a civil case, if the demurrer is denied,
the defendant may proceed to present his
evidence [Sec. 1, Rule 33, Rules of Court].
In a criminal case, the accused may
adduce his evidence only if the demurrer
is filed with leave of court. He cannot
present his evidence if he filed the
demurrer without leave of court [Sec. 23,
Rule 119, Rules of Court].
4. In a civil case, the court cannot, on its own,
make a demurrer. In a criminal case, the
court may do so [Sec. 23, Rule 119, Rules
of Court].
Q47: What are the grounds for new trial?
ANS: The following are the grounds for new trial:
a. Fraud, accident, mistake or excusable
negligence which ordinary prudence
could not have guarded against and by
reason of which such aggrieved party has
probably been impaired in his rights; and
b. Newly discovered evidence, which he
could not, with reasonable diligence, have
discovered, and produced at the trial, and
which if presented would probably alter
the result. [Sec 1, Rule 37]
Q48: What are the grounds for a motion for
reconsideration?
ANS: The grounds for reconsideration are:
a. The damages awarded are excessive;
b. That the evidence is insufficient to justify
the decision or final order, or
c. That the decision or final order is contrary
to law [Sec. 1, Rule 37].
Q49: Which court has exclusive jurisdiction over
actions to annul judgments of the RTC?
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ANS: It is the Court of Appeals that has exclusive
original jurisdiction over actions for annulment of
judgments of the Regional Trial Court [Sec. 1,
Rule 47; Sec. 9(2), B.P. 129]
Q50: When is the remedy of annulment of
judgments available?
ANS: It is available if the ordinary remedies of
new trial, appeal, petition for relief, or other
appropriate remedies are no longer available
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through no fault of the petitioner. [Sec. 1, Rule 47].
However, it is not a substitute for a lost appeal.
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[Mercado v. Security Bank, G.R. No. 160445
(2006)] If the loss of the remedy of appeal is due
to the party’s and his former counsel’s fault, the
remedy is not available. [Sps Sanchez v. Vda de
Aguilar, G.R. No. 228680 (2018)]
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Q51: What are the grounds for annulment of
judgment of a Regional Trial Court?
ANS: Annulment of judgment may be based on
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the ground of (1) extrinsic fraud; or (2) lack of
jurisdiction [Sec. 2, Rule 47]
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Q52: What is the effect of the action to annul
judgment?
ANS: A judgment of annulment shall set aside the
questioned judgment or final order or resolution
and render the same null and void, without
prejudice to the original action being refiled in the
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proper court. However, where the judgment or
final order or resolution is set aside on the ground
of extrinsic fraud, the court may on motion order
the trial court to try the case as if a timely motion
for new trial had been granted therein. [Sec. 7,
Rule 47]
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The prescriptive period for the refiling of the
aforesaid original action shall be deemed
suspended from the filing of such original action
until the finality of the judgment of annulment.
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However, the prescriptive period shall not be
suspended where the extrinsic fraud is
attributable to the plaintiff in the original action
[Sec. 8, Rule 47]
IX. APPEAL
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Q53: What are the modes of appeal?
ANS: The modes of appeal are:
1. Ordinary appeals from decisions rendered
by the MTC [Rule 40] and the RTC [Rule
41] in the exercise of original jurisdiction
2. Petition for review under Rule 42, for
cases decided by RTC in exercise of
appellate jurisdiction.
3. Petition for review under Rule 43, from
awards, judgments, final orders or
resolutions of or authorized by any quasi-
judicial entity in the exercise of its quasi-
judicial functions
4. Petition for review on certiorari under
Rule 45, from judgments or final orders or
resolutions of the CA, the Sandiganbayan,
the RTC or other courts whenever
authorized by law, for cases where only
questions of law are raised or involved.
Q54: Distinguish a Rule 45 Petition for Review
on Certiorari and a Rule 65 Petition for
Certiorari.
ANS:
Petition for Review Petition for Certiorari
Appeal Original Action
Hierarchy of courts
apply
Pure question of Grave Abuse of
law Discretion, amounting
to excess or lack of
jurisdiction
15 days 60 days reglementary
reglementary period, no extensions
period, allowed allowed, except for
extension of 30 compelling reasons
days
There is no plain
speedy remedy
Q55: What is the fresh period rule?
ANS: To standardize the appeal periods provided
in the Rules and to afford litigants fair
opportunity to appeal their cases, the Court
deems it practical to allow a fresh period of 15
days within which to file the notice of appeal,
counted from the receipt of the order dismissing a
motion for new trial or motion for reconsideration
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[Neypes v. CA, G.R. No. 141524, September 14,
2005].
Note: This is applicable to:
● Rule 40 governing appeals from the MTCs
to the RTCs
● Rule 41 governing appeals from the RTCs
to CA
● Rule 42 on petitions for review from the
RTCs to the CA
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● Rule 43 on appeals from quasi-judicial
agencies to the CA, and
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● Rule 45 governing appeals by certiorari to
the SC [Ibid]
Q56: When may a court grant a motion for
execution pending appeal?
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ANS: The Court may grant a motion for execution
pending appeal while it has jurisdiction over the
case and is in possession of either the original
record or the record on appeal, at the time of the
I2
filing of such motion. It can do so even before the
expiration of the period to appeal. [Sec. 2(a), Rule
39]. The prevailing party may file a motion for
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execution pending appeal with the court that
rendered the judgment before it loses jurisdiction
over the case or the subject matter thereof. [Abe
Ind Inc. v. IAC]
X. PROVISIONAL REMEDIES
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Q57: When may Preliminary Attachment be
applied for and on what grounds?
ANS: It may be filed at the commencement of the
action or at any time before entry of judgment, on
the following grounds:
PL
a. In an action for the recovery of a specified
amount of money or damages, other than
moral and exemplary, on a cause of action
arising from law, contract, quasi-contract,
delict or quasi-delict against a party who
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is about to depart from the Philippines
with intent to defraud his creditors
b. In an action for money or property
embezzled or fraudulently misapplied or
converted to his own use by a public
officer, or an officer of a corporation, or an
attorney, factor, broker, agent, or clerk, in
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the course of his employment as such, or
by any other person in a fiduciary
capacity, or for a willful violation of duty;
c. In an action to recover the possession of
property unjustly or fraudulently taken,
detained or converted, when the property,
or any part thereof, has been concealed,
removed, or disposed of to prevent its
being found or taken by the applicant or
an authorized person;
d. In an action against a party who has been
guilty of a fraud in contracting the debt or
incurring the obligation upon which the
action is brought, or in the performance
thereof;
e. In an action against a party who has
removed or disposed of his property, or is
about to do so, with intent to defraud his
creditors; or
f. In an action against a party who does not
reside and is not found in the Philippines,
or on whom summons may be served by
publication [Rule 57, Sec. 1]
XI. SPECIAL CIVIL ACTIONS
Q58: What are the requisites of a valid
certiorari?
ANS: The requisites of a valid certiorari petition
are:
1. The petition is directed against a tribunal,
board or officer exercising judicial or
quasi-judicial functions;
2. Such tribunal, board or officer has acted
without or in excess of jurisdiction or with
grave abuse of discretion; and
3. There is neither appeal nor any plain,
speedy and adequate remedy in the
ordinary course of law for the purpose of
annulling or modifying the proceeding.
There must be capricious, arbitrary and
whimsical exercise of power for it to
prosper [Rule 65, Sec. 1]
Q59: What are the requisites of a valid
mandamus?
ANS: The requisites of a valid mandamus are:
Page 9 of 15
 1. There must be a clear legal right to the act
demanded;
2. It must be the duty of the defendant to
perform the act because it is mandated by
law;
3. The defendant unlawfully neglects the
performance of the duty enjoined by law;
4. The act to be performed is ministerial, not
discretionary; and
5. There is no appeal or other plain, speedy
1
and adequate remedy in the ordinary
course of law [Rule 65, Sec. 3]
02
Q60: What are the requisites of a valid
prohibition?
ANS: The requisites of a valid prohibition are: (1)
The impugned act must be that of a tribunal,
02
corporation, board or person; (2) The respondent
must be exercising judicial, quasi-judicial
functions or ministerial functions; (3)
Respondents acted without or in excess of its
I2
jurisdiction or with grave abuse of discretion
amounting to lack of jurisdiction; and (4) There
must be no appeal or other plain, speedy and
BR
adequate remedy [Sec. 2, Rule 65].
Q61: Who may file a Quo Warranto Petition?
1. As a general rule, the government through
the OSG if directed by the president, the
OSG upon sufficient complaint, and the
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OSG upon the relation of another person,
“a relator”. In the third case, OSG can ask
the Court if they could file the action.
2. The person who was dispossessed of
government office or government office
was usurped.
PL
Q62: Against whom may a quo warranto petition
be brought?
ANS: A quo warranto petition may be brought
against:
1. A person who usurps, intrudes into, or
U
unlawfully holds or exercises a public
office, position, or franchise;
Note: Sec. 2, Article XI of the Constitution
allows the institution of a quo warranto
action against an impeachable officer.
After all, a quo warranto petition is
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predicated on grounds distinct from those
of impeachment. The former questions the
validity of a public officer’s appointment
while the latter indicts him for so-called
impeachable offenses without questioning
his title to the office he holds [Republic v.
Sereno, G.R. No. 237428 (2018)]
2. A public officer who does or suffers an act,
which, by the provision of law, constitutes
a ground for forfeiture of office; or
3. An association which acts as a corporation
within the Philippines without being
legally incorporated or without lawful
authority so to act. [Sec. 1, Rule 66]
Q63: What are the two stages in every action for
expropriation?
ANS: The two stages in an expropriation suit are:
1. The stage dealing with the propriety of
expropriation. This stage involves the
determination of the authority of the
plaintiff to exercise the power of eminent
domain and the propriety of its exercise in
the context of the facts involved in the
suit. It ends with an order of dismissal or
order of condemnation declaring that the
plaintiff has a lawful right to take the
property sought to be condemned, for the
public use or purpose described in the
complaint, upon the payment of just
compensation to be determined as of the
date of the filing of the complaint.
2. The second stage, which deals with the
payment of just compensation. This stage
involves the determination by the Court of
"the just compensation for the property
sought to be taken” with the assistance of
not more than three (3) commissioners.
[Municipality of Biñan v. Judge Garcia, G.R.
No. 69260 (1989)]
Q64: When does taking in an expropriation case
occur?
ANS: There is taking when the expropriator
enters private property not only for a momentary
period but for a more permanent duration for the
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purpose of devoting the property to a public use
in such a manner as to oust the owner and
deprive him of all the beneficial enjoyment
thereof. [Republic v. Sarabia, G.R. No. 157847
(2005)]
CRIMINAL PROCEDURE
XII. INFORMATION
Q65: When may the Criminal Information be
1
Amended?
ANS:
02
1. Before the Accused enters a plea, matters
of form and substance may be amended.
NOTE: for any amendment which
02
downgrades the nature of the offense
charged in or excludes any accused from
the complaint, it must be made upon the
motion of the prosecution with notice to
the offended party and with leave of court.
I2
2. After the Accused enters a plea, the only
amendment allowed is on matters of form
as long as it would not prejudice the rights
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of the accused. [Rule 110, Sec. 14]
XIII. PRELIMINARY INVESTIGATION
Q66: What is a preliminary investigation?
ANS: It is an inquiry to determine whether there
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is sufficient ground to engender a well-founded
belief that a crime was probably committed, and
the accused is probably guilty thereof. [Rule 112,
Sec. 1]
XIV. ARREST
PL
Q67: Can the Ombudsman issue a warrant of
arrest?
ANS: No. Only courts can issue a warrant of
arrest. [See Rule 112, Sec. 6]
U
Q68: When can there be an arrest without a
warrant?
ANS: An officer of the peace or a private person
may arrest a person without a warrant when:
1. The latter has committed, or is attempted
or committing a crime in their presence;
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2. The latter has just committed a crime and
the former has probable cause to believe
based on personal knowledge of facts and
circumstances that such person to be
arrested committed it.
3. The latter escaped lawful detention or
imprisonment. [Rule 113, Sec. 5]
XV. BAIL
Q69: When is bail a matter of right?
ANS:
1. In the MTC, before and after conviction
2. In RTC, before conviction and the penalty
is not death, life imprisonment, reclusion
perpetua [Rule 114, Sec. 4]
Q70: When is bail a matter of discretion?
ANS:
1. NEVER in MTC.
2. In RTC, after conviction during pendency
of appeal (Leviste vs. Alameda). Provided:
the convicted person is NOT a flight risk,
habitual delinquent, recidivist,
quasi-recidivist, or has violated condition
of parole or conditional pardon. [Rule 114,
Sec. 5]
Q71: Which offenses are non-bailable?
ANS: Those whose penalties are death, life
imprisonment, reclusion perpetua. (Examples:
Plunder, Murder, Rape, Large-Scale Estafa) [Rule
114, Sec. 7]
Q72: Is the grant of bail ABSOLUTELY
prohibited in cases for non-bailable offenses?
ANS: No. The accused may file a Petition for Bail
which the court may act upon AFTER
ARRAIGNMENT on the GROUND that the
PROSECUTION’S EVIDENCE IS NOT STRONG.
Under the 2017 Guidelines on Continuous Trial,
the Court shall order a BAIL HEARING where
the PROSECUTION has the burden to establish
that the EVIDENCE OF GUILT IS STRONG. The
court must resolve the Petition within a period of
30 days from termination of the bail hearing. [See
also People v. Tanes, G.R. No. 240596 (2019)]
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XVI. DEMURRER TO EVIDENCE
Q73: What is the effect of filing a Demurrer to
Evidence without leave of court in a criminal
case?
ANS: If the demurrer is denied, the presentation
of evidence of the Accused shall not be allowed
and the court will render judgment. [Rule 119,
Sec. 23]
1
XVII. PROMULGATION OF JUDGMENT
02
Q74: What is the effect of the failure of the
Accused to appear at promulgation despite due
notice?
ANS: It shall constitute a waiver of his remedies
02
from judgment, UNLESS he appears before the
court to explain the reason for his absence, and
EXCEPT for persons accused of light offenses
who may send a representative to appear at
I2
promulgation. [Rule 120, Sec. 5]
XVIII. SEARCHES AND SEIZURES
BR
Q75: What are the requisites for a valid search
warrant?
ANS:
1. Probable cause is present
2. Such probable cause must be determined
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personally by the judge
3. The judge must examine, in writing and
under oath or affirmation, the complainant
and the witnesses he or she may produce
4. The applicant and the witnesses testify on
the facts personally known to them; and
PL
5. The warrant specifically describes the
place to be searched and the things to be
seized. [Rule 126, Sec. 4 and 5; People v.
Mamaril, G.R. No. 147607 (2004)]
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EVIDENCE
XIX. DOCUMENTARY EVIDENCE
Q76: When can the Original Document Rule be
dispensed with?
ANS:
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1. When the original is lost or destroyed, or
cannot be produced in court, without bad
faith on the part of the offeror
2. When the original is in the custody or
under the control of the party against
whom the evidence is offered, and the
latter fails to produce it after reasonable
notice, or the original cannot be obtained
by local judicial processes or procedures
3. When the original consists of numerous
accounts or other documents which
cannot be examined in court without great
loss of time and the fact sought to be
established from them is only the general
result of the whole
4. When the original is a public record in the
custody of a public officer or is recorded in
a public office; and
5. When the original is not closely-related to
a controlling issue. [Rule 130, Sec. 3]
XX. WRITS
SPECIAL PROCEEDINGS
OF HABEAS CORPUS,
AMPARO, AND HABEAS DATA
Q77: What is the coverage of habeas corpus?
ANS: Extends to all cases of illegal confinement or
detention by which any person is deprived of his
liberty, or by which the rightful custody of any
person is withheld from the person entitled
thereto. [Sec. 1, Rule 102]
Q78: What is the Rule on Writ of Habeas Corpus
In Relation To Custody of Minors?
ANS: Rule applies to petitions for custody of
minors and writs of habeas corpus in relation
thereto. The Rules of Court apply suppletorily.
[Sec. 1, A.M. No. 03-04-04-SC]
In custody cases involving minors, the writ of
habeas corpus is prosecuted for the purpose of
determining the right of custody over a child.
Q79: Where is a petition for the issuance of a
Writ of Habeas Corpus In Relation To Custody
of Minors filed?
Page 12 of 15
ANS: A verified petition shall be filed with the
Family Court of the province or city where the
petitioner resides or where the minor may be
found, or with the CA or the SC.
The writ is returnable to the Family Court, or to
any regular court within the judicial region where
the petitioner resides or where the minor may be
found, for hearing and decision on the merits.
1
Upon return of the writ, the court shall decide the
issue on custody of minors. [Sec. 20]
02
Q80: When is an application for a writ of Habeas
Corpus in Relation to Custody of Minors
granted?
ANS: The grant of the writ depends on the
02
concurrence of the following requisites: (1) that
the petitioner has the right of custody over the
minor; (2) that the rightful custody over the minor
is being withheld from the petitioner by the
I2
respondents; and (3) that it is to the best interest
of the minor concerned to be in the custody of
petitioner and not that of the respondents
BR
[Masbata v. Relucio, G.R. No. 235498 (2018)]
Q81: What is the writ of habeas data?
ANS: The writ of habeas data is a remedy
available to any person whose right to privacy in
life, liberty or security is violated or threatened by
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an unlawful act or omission of a public official or
employee, or of a private individual or entity
engaged in the gathering, collecting or storing of
data or information regarding the person, family,
home and correspondence of the aggrieved party.
[Sec. 1, A.M. No. 08-1-16-SC]
PL
Q82: Who can file for a writ of habeas data?
ANS: Any aggrieved party may file a petition.
However, in cases of extralegal killings and
enforced disappearances, the petition may be filed
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by (successive):
1. Any member of the immediate family of
the aggrieved
2. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
affinity [Sec. 2, Ibid.]
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Q83: What is a writ of amparo?
ANS: It is a remedy available to any person
whose right to life, liberty, and security has been
violated or is threatened with violation by a
public official or employee or a private individual
or a private individual or entity. The writ covers
extralegal killings and enforced disappearances or
threats thereof. [Sec. 1, A.M. No. 07-9-12-SC]
Q84: Who can file for a writ of amparo?
ANS: The aggrieved party or by any qualified
person or entity in the following order: (1) Any
member of the immediate family; (2) Any
ascendant, descendant or collateral relative of the
aggrieved within the 4th civil degree of affinity or
consanguinity; (3) Any concerned citizen,
organization, association or institution. Filing by
the aggrieved suspends the right of all others
[Sec. 2]
Q85: What are the interim reliefs available to the
petitioner in a writ of amparo case?
ANS: The interim reliefs available are:
(a) Temporary Protection Order – Issued
upon motion or motu proprio
(b) Inspection Order – Issued only upon
verified motion and after due hearing.
Directed to any person in possession or
control of a designated land or other
property, to permit entry for the purpose
of inspecting, measuring, surveying, or
photographing the property or any
relevant object or operation thereon.
Note: Expires within 5 days after the day
of its issuance, unless extended for
justifiable reasons [Sec. 14(b)]
(c) Production Order – Issued only upon
verified motion and after due hearing.
Directed to any person in possession,
custody or control of any designated
documents, papers, books, accounts,
letters, photographs, objects or tangible
things, or objects in digitized or electronic
Page 13 of 15
 form which constitute or contain evidence Concerned zations -ONLY
relevant to the petition or the return, to Citizens/Organi when there is no
produce and permit their inspection, zations -ONLY KNOWN
copying or photographing by or on behalf when there is no member of the
of the movant. KNOWN family or relative
(d) Witness protection order – Issued upon member of the of the aggrieved.
motion or motu proprio family or But filing by the
relative of the Aggrieved
Q86: What are the interim reliefs available to the aggrieved. But suspends all
respondent? filing by the other

1
ANS: The interim reliefs available are: (a) Aggrieved applications
Inspection Order; (b) Production Order [Sec. 15] suspends all

02
other
Q87: What are the differences between the writ applications
of amparo and writ of habeas data? Where to RTC, RTC, where
WRIT OF WRIT OF file? enforceable only petitioner or
AMPARO HABEAS DATA

02
within judicial respondent
A person’s right When a person’s region resides, where
to life, liberty, right to privacy SB,CA, SC – the place where
and security is in life, liberty, enforceable all the data is
violated or and security is over the country gathered,
I2 threatened
violation by
violated or
threatened
unlawful acts of violation by
collected or
stored.
* SB,CA, SC –
BR
a public officer unlawful acts of enforceable all
or employee, or a public officer, over the country,
a private person including private when it involves
and entity person and data in
entity, in government
gathering, offices
AW

collecting, Filing No payment of Yes, docket fees

storing data and Fees? docket fees or must be paid
those of his other lawful
immediate fees
family How PERSONAL. PERSONAL.
Who Member of the Member of the served? SUBSTITUTED SUBSTITUTED
PL

may file? Immediate Immediate SERVICE SERVICE

Family, spouse, Family, spouse,
children, children, parents XXI. RULES ON ENVIRONMENTAL CASES
parents Ascendant
Ascendant Descendants or Q88: What is the precautionary principle?
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Descendants or collateral ANS: It states that when human activities may

collateral relatives within lead to threats of serious and irreversible damage
relatives within the 4th degree of to the environment that is scientifically plausible
the 4th degree of consanguinity or but uncertain, actions shall be taken to avoid or
consanguinity affinity diminish that threat. [Sec. 4, Rule 1, A.M. No.
or affinity Concerned 09-6-8-SC]
Citizens/Organi

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Q89: Who may file a case for violations of
Environmental Laws?
Any real party-in-interest, including:
1. Government and juridical entities
authorized by law [A.M. No. 09-6-8-SC,
Sec. 4]
2. Any Filipino citizen in representation of
others including those yet unborn in a
citizen suit. [Ibid, Sec 5]
until judgment is fully satisfied. [Sec. 4, Rule 1,
A.M. No. 09-6-8-SC]
Q93: What is the main difference between a writ
of kalikasan and a writ of continuing
mandamus?
ANS: A writ of kalikasan is available against an
unlawful act or omission of a public official or
employee, or private individual or entity,

1
Q90: What is a strategic lawsuit against public involving environmental damage of such
participation (SLAPP)? magnitude as to prejudice the life, health or

02
ANS: This refers to an action whether civil, property of inhabitants in two or more cities or
criminal or administrative, brought against any provinces [Sec. 1, Rule 7, A.M. No. 09-6-8-SC] On
person, institution or any government agency or
the other hand, a writ of continuing mandamus is
local government unit or its officials and
directed against: (1) the unlawful neglect in the
employees, with the intent to harass, vex, exert

02
undue pressure or stifle any legal recourse that performance of an act specifically enjoined by law
such person, institution or government agency in connection with the enforcement/ violation of
has taken or may take in the enforcement of an environmental rule or, (2) the unlawful
environmental laws, protection of the exclusion of another from the use or enjoyment of
I2
environment or assertion of environmental rights.
[Sec. 4, Rule 1, A.M. No. 09-6-8-SC]
such right and in both instances, there is no other
plain, speedy and adequate remedy in the
ordinary course of law. [Sec. 1, Rule 8, A.M. No.
BR
Q91: What is a writ of kalikasan? 09-6-8-SC]
ANS: The writ is a remedy available to a natural
or juridical person, entity authorized by law,
people’s organization, non-governmental
organization, or any public interest group
AW

accredited by or registered with any government

agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is
violated, or threatened with violation by an
unlawful act or omission of a public official or
employee, or private individual or entity,
PL

involving environmental damage of such

magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces. [Sec. 1, Rule 7, A.M. No. 09-6-8- SC]
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Q92: What is the writ of continuing mandamus?

ANS: It is a writ issued by a court in an
environmental case directing any agency or
instrumentality of the government or officer
thereof to perform an act or series of acts decreed
by final judgment which shall remain effective

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