TABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 GENERAL PRINCIPLES ‘Substantive Law vs. Remedial Law CLASSIFICATION OF COURTS .. Court Courts of Law ys. Courts of Equity Consttaional Court vs. Statutory Court ‘Superior Court vs. inferior Court Gn Coun ve. Criminal Court As to Level Courts of Record JURISDICTION .. 7 Four Concapis of Jurisdiction in Civ Gases Requisttes forthe Exercise of Juredicion and How the Court Acquires such Jurediction AA. Joriscction over the Subject Matter How jurssicton over the subject matter is conferred Erect of lack of jurisdiction over the subject matter ofthe action “Jurisdiction over the subject matter cannot be conferred by Exception "When jurisdiction by estoppel may be applied ‘What law governs the jrtsdietton of he court How jurisdiction over the subject mater is determined ‘The cours jurisdiction aver the subject matter cannot be made to depend upon ‘Motu proprio dismissal ofthe case by the cou B, Jurisdiction over the Parties Unauthorized Complaint Examples of Voluntary Appearance ‘Special appearance operates as an exception to the general rule on voluntary appearance: Concept of Special Appearance co Surisateton over the issues “risition over the issues may also be determi Dr urtedetion over the Ros Jurisdiction over the Res acauited either ‘Comparieon of urtadction over the Subject Mater, over the Person, and aver the Issues sorssetion ve. Exercise of Jurisdiction Error of suridiction ve. Error of Judgment and conferred by CLASSIFICATION OF JURISDICTION As to.Cases Tried ‘As to Nature of he Cause [AS to Nature and Extent of Exercise ‘a3 10 Situs OTHER PRINCIPLES .. Policy of Judicial Hierarchy Doctrine of Judeal Stabity oF Non-interterence Doctrine of Adherence of Jurisdiction (Continusty of Jurisdiction) Exclusionary Principle Doctrine of Primary Juriedietion FRule on Exhaustion of Administrative Remedies Doctrine of Ancilary Jursdiction Residval Jurisdiction Dolagated Jursaiction of inferior Courts Special Jurisdiction of MTC. Distinctions between @ Court and a Judge JURISDICTION OF COURTS IN CIVIL CASES Supreme Court Court of Appeals Sandiganbayan Regional Taal Courts and Municipal Tal Courts Family Courts ‘Shorts Courts Jurisdiction JURISDICITON OF COURTS IN CRIMINAL CASES Supreme Court (Court of Appeals Fogional Trial Cours 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Municipal Trial Courts Sandiganbayan CIVIL PROCEDURE RULE 1: GENERAL PRINCPLES ....... ‘SECTION 1. TITLE OF THE RULES When Procedural Rules do not apply to pending actions Rulo-Making Powor ofthe Supreme Cour ‘Causes which may Warrant the Suspension of the Sit Application ofthe Rules Limitations on the Rulemaking power of tie Supreme Cour SECTION 2. IN WHAT COURTS APPLICABLE SECTION 3. CASES GOVERNED “Ration” distinguished fom “Clais” A. Cull Acton. 8 Criminal Action . Special Proceeding Cingsication of Actions An InGenera 8 Asto Object Distinctions between action in personam, action in rem, and action quast in rem ©. As to Cause or Foundation DAS to Place. ‘Actions the subject matter of which i incapable of pecuniary estimation ‘SECTION 4. INWHAT CASES NOT APPLICABLE SECTION 5. COMMENCEMENT OF ACTION ‘Ackil acton is commenced by Fring of Compiaint, Docket Fees Effect of Non-Payment of Docket Fees Instances whan the docket fees ned not be paid at the commencement ofthe sult but may be considered as a en on the judgment award ‘SECTION 6. CONSTRUCTION. Exceptions, RULE 2: CAUSE OF ACTION . SECTION 1. ORDINARY CIVIL ACTIGI SECTION 2. CAUSE OF ACTION, DEFINED. Elements of a cause of action. Tost ofthe Sufcioncy ofthe Statement of a Cause of Action Fight of Acton Requisties ‘Aston Distinguished from Cause of Action ‘SECTION 3. ONE SUIT FOR A SINGLE CAUSE OF ACTION SECTION 4, SPLITTING A SINGLE CAUSE OF ACTION, EFFECT OF Prohibition against spiting a single cause of action Romedy ofthe defendant where 2 single cause of action has been split ‘Three Tests to Ascertan Whether Two oF More Suits Relate 10a Single or Common Cause of Action Res in Determining he Singleness of a Cause of Action Docttine of Anipatory Breach SECTION 5, JOINDER OF CAUSES OF ACTION Totaly Rule Determination of Jurscictonal Amount in Relation tothe Totality Rule SECTION 6. MISJOINDER OF CAUSES OF ACTION RULE 3: PARTIES TO CIVIL ACTION SECTION 1. WHO MAY BE PARTIES; PLAINTIFF ANO DEFENDANT quiremoris fora person to be a party toa evil action Enis Authorized by Law to be Parties Effect when @ party impleaded Is not authorized tobe a party ‘SECTION 2. PARTIES IN INTEREST Real Partysnintorest Locus Stand Classticaton of parties in interest ‘SECTION 3. REPRESENTATIVES AS PARTIES ‘SECTION 4 SPOUSES AS PARTIES Exceptions under the Family Code SECTION 6. MINOR OR INCOMPETENT. SECTION 6, PERMISSIVE JOINDER OF PARTIES Rule on Permissive Joindor of Parties Requistes ‘Series of transactions SECTION 7. COMPULSORY JOINDER OF INDISPENSABLE PARTIES. |i] 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Indiepensabie panics ules on co-owners as indispensable partes n actions to recover property SECTION 8 NECESSARY PARTY, Necessary party Effect of Justitad Nor-incusion of a Necessary Party SECTION 9. NON-JOINDER OF NECESSARY PARTIES TO BE PLEADED Duty of Pieader Whenever a Necessary Party is Not Joined SECTION 10, UNWILLING CO-PLAINTIFF ‘SECTION 11. MISJOINDER AND NON-JOINDER OF PARTIES SECTION 12 CLASS SUIT Roquistes ofa Ciass Sut Instances when there is No Class Suit Example of class suit Example of permissive jinder of parties SECTION 18, ALTERNATIVE DEFENDANTS ‘SECTION 14. UNKNOWN IDENTITY OR NAME OF DEFENDANT. ‘SECTION 15. ENTITY WITHOUT JURIDICAL PERSONALITY AS DEFENDANT INSTANCES WHEN SUBSTITUTION OF PARTIES IS PROPER: A. SECTION 16. DEATH OF PARTY: DUTY OF COUNSEL “eat to Determine Whather an Action Survives the Death of a Party Examples of actions which survive the deat of he party When Formal Substitution is Not Necessary Rules in cases where the acon survives the death of a party 1B. SECTION 17. DEATH OR SEPARATION OF A PARTY WHO IS A PUBLIC OFFICER ‘SECTION 18. INCOMPETENCY OR INCAPACITY SECTION 19. TRANSFER OF INTEREST Atransleree pendente tte SECTION 20. ACTION ON CONTRACTUAL MONEY CLAMS. SECTION 21. INDIGENT PARTY SECTION 22, NOTICE TO THE SOLICITOR GENERAL RULE 4: VENUE OF ACTIONS .... Venue compared to Jurisdiction Basie Venue Anaiysie SECTION 1. VENUE OF REAL ACTIONS. Real Actions SECTION 2 VENUE OF PERSONAL ACTIONS. Personal Action It the defendant non-esident ‘SECTION 3. VENUE OF ORDINARY CIVIL ACTIONS AGAINST NON-RESIDENTS [Non-resident found inthe Phitppines Non-resident rot found i the Philippines SECTION 4. WHEN RULE NOT APPLICABLE Requisttes of Stipulations on Venue Effect of venue stipulation when the vay of the written instrument is controverted ‘Complementary-Contracts-Construed Together Doctrine RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS .. SECTION 1, UNIFORM PROCEDURE RULE 6: KINDS OF PLEADINGS ..... SECTION 1. PLEADINGS DEFINED. Purpose of Pleadings SECTION 2, PLEADINGS ALLOWED SECTION 3, COMPLAINT. ‘Test of Suficiancy of the Facts Alleged in the Complaint to Gonstitule a Cause of Action SECTION 4. ANSWER. SECTION 5, DEFENSES ‘Two kinds f dofonses that may be sot forth in the answer Incuificiont denial or denial amounting to admissions SECTION 6. COUNTERCLAIM Nature of 8 Counterclaim Permissive Counterclaim ‘Compulsory Counterciaim ‘SECTION 7. COMPULSORY COUNTERCLAIM. Requistes of a Compulsory Counterclaim CGoferiaor tests that may be used in termining whether @ counterciaim is compulsory oF permissive Rules on Compulscry Counterclaim Etfoct ofthe Diemiseal of a Complaint on the Counterclaen Already Set up SECTION 8, CROSS-CLAIM mations on Cross-Claim Effect of Falluro to Filo @ Gross-claim SECTION 9. COUNTER-COUNTERCLAIMS AND COUNTER-CROSS-CLAIMS SECTION 10. REPLY 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Failure to File a Reply Distinctions between Answer fo Countereiaim and Reply SECTION 11. THIRD (FOURTH, ETC }-PARTY COMPLAINT Tosis fo determine whether the Third-Party Complaint is in Respect of Piaint's Claim SECTION 12. BRINGING NEW PARTIES Distinguished from a This Party Complaint ‘SECTION 13, ANSWER TO THIRD (FOURTH, ETC. PARTY COMPLAINT RULE 7: PARTS OF PLEADINGS ....... a SECTION 1. CAPTION SECTION 2 THE BODY ‘SECTION 3. SIGNATURE AND ADDRESS Significance of the Signature of Gounsal ‘A counsel's subject fo discipinary acon inthe folowing cases. SECTION 4, VERIFICATION. How a Pleading is Verified Purpose of Requting Verification Effect of Lack of Verification stot Pleadings that should be verted SECTION &. CERTIFICATION AGAINST FORUM SHOPPING Forum Shopping Cerifieate against Forum Shopeing Tost to Determine the Existence of Forum Shopping Three Ways of Commiting Forum Shopping Effect of Forum Shopping Elect of Non-Compliance withthe Rule an Certification against Forum Shopping Erfoct of Submission of a False Certification or Non-Compuanes with tha Undertakings Erfoct of Wilf and Deliberate Forum Shopping Summary of Guidelines Respecting Non-Complance with the Requiements of, r Submission of Detective, Verfication and Certification ‘against Forum Shopping RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS .. SECTION 1. IN GENERAL What are Not Utimate Facts Evidentiary facts “Test to Distinguish Conclusion of Law from Statement of Facts Defenses Based on Law SECTION 2 ALTERNATIVE CAUSES OF ACTION OR DEFENSE (Can a defendant make use of both a negative and affrmatve defense Facts that may be Averred Gene aly Facts that must be Averred Partiularly SECTION 7. ACTION OR DEFENSE BASED ON DOCUMENT. ‘Actionable Document ‘Two Permissible ways of pleading an Actonable Document SECTION 8. HOW TO CONTEST SUCH DOCUMENT How to Contest an Actionable Document Where he actionable document propery allaged, the failure to specticaly deny under oath the same results in: ‘Genuineness" means that the dociment is “Due Execution” means thatthe document Defenses Cut Of by tre Admission of Genuneness and Due Execution Defenses not CuOM by the Admission of Genuineness and Due Exscution| SECTION 10. SPECIFIC DENIAL Three Types of Specific Denials SECTION 11. ALLEGATION NOT SPECIFICALLY DENIED DEEMED ADMITTED SECTION 12, STRIKING OUT OF PLEADING OR MATTER CONTAINED THEREIN 53 RULE 9: EFFECT OF FAILURE TO PLEAD . 87 ‘SECTION 1- DEFENSES AND OBJECTIONS NOT PLE SECTION 2 COMPULSORY COUNTERCLAIM, OR CROSS-CLAIM, NOT SET-UP BARRED SECTION 3. DEFAULT, DECLARATION OF DEFAULT Default in ordinary procedure ‘Two Stages of Default What is the consequence i the plain fails to fle a motion to declare the defendant in default ater a tong period of ime Elemenis of a Vaid Declaration of Defat Action ofthe Court after Declaralion/Order of Defaut Etfect of Declaration/Order of Default Fights of Party in Default Roquistes to Lit Onder of Default Partial Detauit Effect of Partial Defautt Can the plaintit move to dlamiss the ease as regards the answering defendant and retain the defaulted defendant in order to secure an immediate juagment Extent of Roisin a Judgment by Defaut mere ro detauite slowed Iv | 2016 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Faure to File an Answer in Marriage-Related Cases Remedies Avaialo to Party who has been Declared in Default RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS SECTION 1, AMENDMENTS IN GENERAL Rule 10 vis-bvie Section 4of Rulo 128 SECTION 2 AMENOMENTS AS A MATTER OF RIGHT Instances when Amendment is @ Matter of Right ‘When New Service of Summans is required ‘SECTION 3. AMENDMENTS BY LEAVE OF COURT [Leave of Court is required Requisites Instances when Amendment by Leave of Court May Not be allowed ‘Amenament is Not Alowed Where No Cause of Action Exists ‘Amendment to Cortect a Juriseictonal Defect Substantial Akeration of Cause of Action or Defense ‘Test te Determine Whether a Different Cause of Action & intioduced by the Amendments ‘SECTION 4. FORMAL AMENOMENT. SECTION 5, AMENDMENT TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE SECTION 6. SUPPLEMENTAL PLEADINGS: SECTION 7, FILING OF AMENDED PLEADINGS. SECTION 8. EFFECT OF AMENDED PLEADING Effect of Amended Piesding Effect of Amendments in Relation tothe Statue of Limitations RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS ‘SECTION 1, ANSWER TO THE COMPLAINT SECTION 2. ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY SECTION 3. ANSWER TO AMENDED COMPLAINT Ifthe fing ofan amended complaints a matter ef rght Ifthe fling of to armendied complaint is nota matter of right ‘SECTION 4, ANSWER TO COUNTERCLAIM OR CROSS-CLAIM SECTION 5, ANSWER TO THIRD (FOURTH, ETC.) PARTY COMPLAINT SECTION 6. REPLY SECTION 7 ANSWER TO SUPPLEMENTAL COMPLAINT SECTION 8. EXISTING COUNTERCLAIM OR CROSS-CLAIM Existing Counterclaim or Cross-Ciaim SECTION 9. COUNTERCLAIM OR CROSS-CLAIM ARISING AFTER ANSWER ‘Atr-Acauited Countercaims and Cross: Claims ‘SECTION 10. OMITTED COUNTERCLAIM OR CROSS-CLAIM (Omitted Counterciaims and Cross.Claims SECTION 11. EXTENSION OF TIME TO PLEAD RULE 12: BILL OF PARTICULARS ‘SECTION 1, WHEN APPLIED FOR; PURPOSE. Purpose Potted to Fle Effect of Filing SECTION 2 ACTION BY COURT SECTION 3. COMPLIANCE WITH OROER Prod to comply with the order granting the motion 1} SECTION 4. EFFECT OF NON-COMPLIANCE: SECTION 5. STAY OF PERIOD TO FILE RESPONSIVE PLEADING Ii the motion is granted Its motion is dented ‘SECTION 6. BILLA PART OF PLEADING RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS .. SECTION 1. COVERAGE SECTION 2-FILING AND SERVICE, DEFINED. Rule When a Party is Represented By Counsel Other instances vitae direct service upon te party may be ocdered ‘SECTION 4 PAPERS REQUIRED TOBE FILED AND SERVED SECTION 3. MANNER OF FILING SECTION 5 MODES OF SERVICE SECTION 6. PERSONAL SERVICE SECTION 7. SERVICE BY MAIL SECTION 6. SUBSTITUTED SERVICE Personal Service ‘Service by Mail ‘Subethuted Service SECTION 9, SERVICE OF JUDGMENT, FINAL ORDERS OR RESOLUTIONS. SECTION 10. COMPLETENESS OF SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |vTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 11, PRIORITIES IN MODES OF SERVICE AND FILING SECTION 12, PROOF OF FILING. SECTION 13, PROOF OF SERVICE Proof of personal service roof of service by registered mall Proof of service by orginary mal Service of Papers distinguished ftom Service of Final Orders, Judgments and Resolutions Service of judgments, finals orders, or resolutions SECTION 14, NOTICE OF LIS PENDENS A notice of fs pendens is proper in the folowing cases DBoctiine of ie pondons haa ne application inthe fovowing cases Cancellation of Notice of Lis Pendens RULE 14: SUMMONS ..... Is there a need for new summons ia compiain\ fs amended balore detendant’s appearance in cout? What fan adotional defendant ls joned inthe acton? Purpose of Summons A. hetions in Personam B__ Actions in Rem and Quasi in Rem ‘SECTION 1 CLERK TO ISSUE SUMMONS. SECTION 2. CONTENTS SECTION 3. BY WHOM SERVED SECTION 4. RETURN : SECTION 5. ISSUANCE OF ALIAS SUMMONS. Modes of Service of Summons A” Service in person on defendant 8. Substituted Service ._ Meaning of Residence Meaning of Ofice or Regular Pace of Business Roqusies ofa valid substituted service Meaning of Person of Suitable Age and Discretion” Etfect ifthe Defendant does Not Actually Receive the Summons ‘When the Defendant Provanta Service of summons BD.” Pubication Constructive Service by Publication ‘Conversion of an action ia pereanam into an action in rem ‘Senco of Summons on Diferent Entities SECTION 14, SERVICE UPON DEFENOANT WHOSE IDENTITY OR WHEREABOUTS ARE UNKNOWN SECTION 15. EXTRATERRITORIAL SERVICE SECTION 16. RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES SECTION 17. LEAVE OF COURT SECTION 18. PROOF OF SERVICE SECTION 19. PROOF OF SERVICE BY PUBLICATION SECTION 20. VOLUNTARY APPEARANCE. Instances of actions amounting to voluntary appearance RULE 15: MOTIONS SECTION 1. MOTION, DEFINED. Diflerence between a Pleading and a Motion ‘Kinds of Motions. SECTION 2. MOTION MUST BE IN WRITING SECTION 3. CONTENTS Contents of a Motion SECTION 4, HEARING OF MOTION SECTION 5, NOTICE OF HEARING SECTION 6, PROOF OF SERVICE NECESSARY Requisites of a Motion Exceptions tothe Three-Day Notice Rule [Necessity of Notice and Hearing SECTION 7. MOTION DAY SECTION &. OMNIBUS MOTION ‘Omnibus Motion Rule ‘SECTION 8. MOTION FOR LEAVE SECTION 10. FORM: RULE 16: MOTION TO DISMISS... SECTION 1. GROUNDS: Fle on Hypothetical Admission Lack of Jurtdietion over the Person ofthe Defending Party {Lack of Junedction over the Subject Matter tis Pendentia Reequistes of Lis Pendentio Res Jucioola Reequisites of Res Judicata : vi 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Preserition| Pleading Asserting a Claim States No Cause of Action ‘Gta of Demand has been Pald, Waived, Abandoned, or otherwise Extinguished Condition Precedent for Fling the Claim Has Not Baen complied with Condition precedent SECTION 2. HEARING OF MOTION SECTION 3. RESOLUTION OF MOTION Order Denying a Motion to Dismiss SECTION 4, TIME TO PLEAD SECTION 6, EFFECT OF DISMISSAL, SECTION 6, PLEADING GROUNDS AS AFFIRMATIVE DEFENSES RULE 17: DISMISSAL OF ACTIONS ..... SECTION 1, DISMISSAL UPON NOTICE BY PLAINTIFF Two Dismissal Rule SECTION 2. DISMISSAL UPON MOTION OF PLAINTIFF SECTION 3. DISMISSAL DUE TO FAULT OF PLAINTIFF ‘Grounds for Dismissal "Non prosequitur ‘The complaint may be dismissed: SECTION 4, DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM, OF THIRD-PARTY COMPLAINT RULE 18: PRE ~ TRIAL .. SECTION 1. WHEN CONDUCTED. Duly ofthe Plaintit to Move thatthe Case be Set for Pre-Trial Conference AM. 09-1-09-8¢ SECTION 2. NATURE AND PURPOSE SECTION 3. NOTICE OF PRE-TRIAL. SECTION 4. APPEARANCE OF PARTIES ‘The nor-appearance of a party may be excused SECTION 5. EFFECT OF FAILURE TO APPEAR The failure ofthe plain to appear ‘The falue ofthe defendant to appear SECTION 6. PRE-TRIAL BRIEF Filing of Pre-Trial Brie! CContonis of Pre-Trial Brot SECTION 7, RECORD OF PRE-TRIAL, CONTENTS OF PRE-TRIAL ORDER, Function of Pre-Telal Order General Applicability ofthe Rules of Chl Procedure Governing Pre-Trials in Summary Procedure and Small Cisims Cases Surmmary Procedure ‘Small Claims Cases RULE 19: INTERVENTION Purpose Kinds of intervention SECTION 1, WHO MAY INTERVENE Reequisttes for intervention Remedy forthe Denil of Motion to Intorvane SECTION 2. TIME TO INTERVENE ‘SECTION 3. PLEADINGS.IN-INTERVENTION ‘SECTION 4 ANSWER TO A COMPLAINT-ININTERVENTION Remedies or the Improper Denial of a Motion for Intervention Remedy for an lmproper Granting of Motion for Intervention RULE 20: CALENDAR OF CASES SECTION 1. CALENDAR OF GASES Preference shall be given to SECTION 2. ASSIGNMENT OF CASES RULE 21: SUBPOENA .. Dileence betwesn Subpoena and Summons SECTION 1, SUBPOENA AND SUBPOENA DUCES TECUM {This process may require the witness fo attend anc to tesify and bing books or decuments at any ofthe fofowing circumstances SECTION 2. BY WHOM ISSUED. ‘Tho subpoona may be issued by the Subposne to a Prisoner ‘SECTION 3. FORM AND CONTENTS. ‘A subpoena shall Roquistes for Issuance of Subpoena Duces Tecum SECTION 4, QUASHING A SUBPOENA Subpoena duces tecu ‘Suppoona ad tostfeandum SECTION 5. SUBPOENA FOR DEPOSITIONS. SECTION 6 SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | viTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rules on Service of Subpoena SECTION 7, PERSONAL APPEARANCE IN COURT SECTION 8. COMPELLING ATTENDANCE SECTION 9. CONTEMPT ‘General Rule: Consequences of Failure to Attend or Obey 3 Subpoena ‘SECTION 10, EXCEPTIONS. RULE 22: COMPUTATION OF TIME .. SECTION 1. HOW TO COMPUTE TIME Exceptions SECTION 2. EFFECT OF INTERRUPTION RULES OF DISCOVERY Purposes of Discovery Procedures ‘The Rules on Discovery are ntenced Discovery Stil Applies Evon If Motion for Bil of Particulars Denied Duty ofthe Court in Relation fo the Mades of Discovery Modes of Discovery under the Fules of Court ‘Aopcabiity of Modes of Discovery to Criminal Actions ‘Deposition of Dafense Witnesses Residing Abroad Doctrinal Pronouncemants in People v. Webb and Gov. People RULE 23: DEPOSITIONS PENDING ACTIONS .. opostions Depositons different rom afaavis Dual Function of Depestions I deposition s availed of as a mode of ciscovery Ifthe purpose s only for use as testimony CCaceiicaion of Depositons SECTION 1. DEPOSITIONS PENDING ACTION, WHEN MAY BE TAKEN When taken A By Leave of Court B,_ Without Leave of Court ‘Wese deposition may be taken “Two medes of deposition taking SECTION 2. SCOPE OF EXAMINATION ‘The deponent may be examined on all matters ther Privieged Communications SECTION 3. EXAMINATION AND CROSS-EXAMINATION SECTION 4, USE OF DEPOSITIONS Grcunstances where deposition f any witness may be used for any purpose Where dopostions may bo usod Deposition may be usod against @ party who was. SECTION 5. EFFECT OF SUBSTITUTION OF PARTIES. SECTION 6. OBJECTIONS TO ADMISSIBILITY SECTION 7. EFFECT OF TAKING DEPOSITIONS SECTION 8. EFFECT OF USING DEPOSITIONS SECTION 8, REBUTTING DEPOSITION SECTION 10. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN WITHIN THE PHILIPPINES SECTION 11. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN IN FOREIGN COUNTRIES SECTION 13. DISQUALIFICATION BY INTEREST ‘SECTION 14. STIPULATIONS REGARDING TAKING OF DEPOSITIONS Betore whom taken A. Wihin the Philippines 8. Outside the Philippines [No deposition sal be taken before a person whois SECTION 12. COMMISSION OR LETTERS ROGATORY Commission Letters Rogatory Difference between Commission and Letters Rogatory ‘SECTION 18. DEPOSITION UPON ORAL EXAMINATION: NOTICE; TIME AND PLACE ‘SECTION 16. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS. ‘SECTION 17, RECORD OF EXAMINATION; OATH; OBJECTIONS, ‘SECTION 20. CERTIFICATION AND FILING BY OFFICER SECTION 21, NOTICE OF FILING SECTION 22, FURNISHING COPIES Duties ofthe Oricer Taking the Deposition upon Oral Examination SECTION 18, MOTION TO TERMINATE OR LIMIT EXAMINATION, SECTION 19, SUBMISSION TO WITNESS, CHANGES: SIGNING SECTIONS 23, FAILURE TO ATTEND OF PARTY GIVING NOTICE SECTION 24. FAILURE OF PARTY GIVING NOTICE TO SERVE SUBPOENA Difference batwoon Sec. 29 and Soc. 24 SECTION 25, DEPOSITION UPON WRITTEN INTERROGATORIES; SERVICE OF NOTICE AND OF INTERROGATORIES ‘SECTION 26. OFFICERS TO TAKE AND PREPARE RECORD vi | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS.TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 27, NOTICE OF FILING AND FURNISHING OF COPIES. SECTION 28. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS, SECTION 29. EFFECT OF ERROR AND IRREGULARITIES IN DEPOSITIONS. RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEAL. . 107 Purpose SECTION 1. DEPOSITION BEFORE ACTION; PETITION Avalabitty in Criminal Cases SECTION 2 CONTENTS OF PETITION SECTION 3, NOTICE AND SERVICE. SECTION 4 ORDER AND EXAMINATION SECTION 5 REFERENCE TO COURT ‘SECTION 6. USE OF DEPOSITION. ‘SECTION 7. DEPOSITIONS PENDING APPEAL 109 RULE 25: INTERROGATORIES TO PARTIES .. Purpose of Interogatons to Parton SECTION 1 INTERROGATORIES TO PARTIES; SERVICE THEREOF SECTION 2. ANSWER TO INTERROGATORIES Datautt SECTION 3, OBJECTIONS TO INTERROGATORIES SEGTION 4. NUMBER OF INTERROGATORIES. SECTION 5. SCOPE AND USE OF INTERROGATORIES SECTION 6. EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES RULE 26: ADMISSION BY ADVERSE PARTY ... SECTION 1, REQUEST FOR ADMISSION Purpose ‘When request is made SECTION 2. IMPLIED ADMISSION Doferment of Compliance SECTION 3. EFFECT OF ADMISSION SECTION 4. WITHDRAWAL. SECTION 5, EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION RULE 27: PRODUCTION OR INSPECTION OF DOCUMENT OR THINGS SECTION 1. MOTION FOR PRODUCTION OR INSPECTION: ORDER Requistes Production of Documents RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS ‘SECTION 1. WHEN EXAMINATION MAY BE ORDERED SECTION 2. ORDER FOR EXAMINATION SECTION 3. REPORT OF FINDINGS ‘SECTION 4, WAIVER OF PRIVILEGE RULE 29: REFUSAL TO COMPLY WITH MODES OF DISCOVERY SECTION 1. REFUSAL TO ANSWER SECTION 2. CONTEMPT OF COURT SECTION 3, OTHER CONSEQUENCES ‘SECTION 4. EXPENSES ON REFUSAL TO ADMIT ‘SECTION 5. FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS 116 SECTION 1. NOTICE OF THiAL SECTION 2. ADJOURNWENTS AND POSTPONEMENTS SECTION 3, REQUISITES OF MOTION TO POSTPONE TRIAL FOR ABSENCE OF EVIDENCE Requstes Nomappicebitty io erminal cases SECTION 4. REQUISITES OF MOTION TO POSTPONE TRIAL FOR ILLNESS OF PARTY OR COUNSEL Requistes: Hotlon for Continuance or Postponement Nota Matter of Right SECTION 5. ORDER OF TRIAL Order of Teal May the court change the ordor ofl Reverse Ordo of Ta When propor Preliminary hearing of afmative defenses under ROC Rule 16, Sec. 6s not the ful-bown tral contemplated under this Fule Ingtances where the cour! may allow presentation of evidence-in-chiet during te presentation of rebuttal evidence: SECTION 6. AGREED STATEMENTS OF FACT May the stipulation of facts be made orally in criminal cases Applicaton of SOF In Givi and Criminal Cases: Distinguishes 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | ixTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 7, STATEMENT OF JUDGE SEGTION 8, SUSPENSION OF ACTIONS SECTION 8, JUDGE TO RECEIVE EVIDENCE; DELEGATION TO CLERK OF COURT Hottub hearing RULE 31: CONSOLIDATION OR SEVERANCE, SECTION 1, CONSOLIDATION "When may the court arder consolidation of several actions pending before it Requistes for Consolidation May there be a consolidation of cases ponding before efferent branches ofthe court May there be a consoldation of eases which are pending befor® cours stunted in clferont judicial districts Purpose for Consolidation ‘Three Waye of Consolidating Cases SECTION 2, SEPARATE TRIALS Purpose ‘Severance in relation to misjinder f causes of action Severance in relation to separate judgments 122 RULE 32: TRIAL BY COMMISSIONER SECTION 1. REFERENCE BY CONSENT SECTION 2: REFERENCE ORDERED ON MOTION SECTION 3. ORDER OF REFERENCE; POWERS OF THE COMMISSIONER CContonts ofthe Order of Reference Powers of Commissioner ‘SECTION 4. ORTH OF COMMISSIONER SECTION 5, PROCEEDINGS BEFORE THE COMMISSIONER. SECTION 6, FAILURE OF PARTIES TO APPEAR SEFORE CONMISSIONER SECTION 7. REFUSAL OF WITNESS. SECTION & COMMISSIONER SHALL AVOID DELAYS SECTION 9. REPORT OF COMMISSIONER. Difference between Rule 30, Seo, 9 and Rule 32 SECTION 10, NOTICE TO THE PARTIES OF THE FILING OF REPORT Upon the fling ofthe report ofthe commissioner SECTION 11. HEARING UPON REPORT SECTION 12. STIPULATIONS AS TO FINDINGS SECTION 12. COMPENSATION OF COMMISSIONER. 124 RULE 33: DEMURRER TO EVIDENCE .. SECTION 1, DEMURRER TO EVIDENCE Domurer to Evidence ‘What isthe diffrence between failure to state a cause of action as a ground for a motion to dismiss under Rule 16, See. 1(g) and lack of ‘calito of acton as a ground for gmissal rough a motion for ermurrer to ovidenco? Nature Purpose: Difference between Rule 39 and Rule 16 Effoct of Denial or Granting ofthe Motion for Demurrer to Evidence Difference Between Demurrer to Evidence in Civil and Criminal cases 125 RULE 34: JUDGMENT ON THE PLEADINGS. What is meant by “Yas to tender an issue" and “otherwise admits the material silogeiions ofthe adverse partys pleading?” SECTION 1, JUDGMENT ON THE PLEADINGS. ‘Allegations Not Deemed Admitted by Fing of Judgment on the Pleadings: Grounds for Judgment on the Pleadings. Tet proper forthe court to render a judgment on the pleadings af once when only afirative defenses are raised in the answer? No Judgment on the Pleadings in Actions for Difference betwoen Rule 16 and Rule 34 17 RULE 35: SUMMARY JUDGMENTS. Concept of a Judgment without ta Purpose for Summary Judgment When isan Issue considered sham ‘Sections 1 & 2. Summary hadgment for claimant; Summary judgment for defending party Who ean fie Section 3. Motion and proceedings thereon Purpose and importance of folowing the proceedings Section 4 Case nol fully adjudicated on maton ‘What call be cone by the court ifthe ease isnot fully adjudged upon motion for summary judgment ‘Section 5. Form of affidavits and supparing papers ‘Supporting and opposing affidavits must Section 6, Affidavits bad fath OR SOLELY FOR PURPOSES OF DELAY Sanctions Bates of Summary Judgment x1 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 . 129 RULE 36: JUDGMENTS, FINAL ORDERS, AND ENTRY THEREOF Final judgment or order Contents ofa Judgment ‘SECTION 1. RENDITION OF JUDGMENTS ANO FINAL ORDERS Rendition of judgment Reason for rendition of judgment Requistes of a Vaid Judgment Formal Requistes Substantive basis Conequence of non-compliance Kings of dagen iTABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 RULE 124: PROCEDURE IN THE CA ee a2g SECTION 1, TITLE OF THE CASE SECTION 2 APPOINTMENT OF COUNSL. DE OFFICIO FOR THE ACCUSED Instances when an accused can be given @ counsel de oficio on appeal ‘SECTION 3. WHEN BRIEF FOR THE APPELLANT TO BE FILED ‘SECTION 4 WHEN BRIEF FOR THE APPELLEE TO BE FILED ‘SECTION 6. EXTENSION OF TIME FOR FILING BRIEFS SECTION 6. FORM OF BRIEFS. ‘SECTION 7 CONTENT OF BRIEFS Necessity of making assignment of errors SECTION 8, DISMISSA OF APPEAL FOR ABANDONMENT OR FAILURE TO PROSECUTE Grounds for cismissal of appeals by the CA Lost Appeat SECTION 9. PROMPT DISPOSITION OF THE CASE SECTION 10. JUDGMENT OT TO BE REVERSED OR MODIFIED SEGTION 11. SCOPE OF JUDGMENT SECTION 12: POWER TO RECEIVE EVIDENCE (ther powers ofthe CA SECTION 13. CERTIFICATION OR APPEAL OF CASE TO THE SC SECTION 14. MOTION FOR NEW TRIAL SECTION 15. WHERE NEW TRIAL CONDUCTED SECTION 16, RECONSIDERATION Matimue ‘SECHON 17, JUDGMENT TRANSMITTED AND FILED IN TRIAL COURT “Transmit of judgment to cour a quo SECTION 18. APPLICATION OF CETAIN RULES IN CIVIL TO CRIMINAL CASES RULE 125: PROCEDURE IN THE SUPREME COURT SECTION 1. UNIFORM PROCEDURE SECTION 2. REVIEW OF THE DECISIONS OF THE CA Exceptions 'SEGTION 3, DECISION IF OPINION IS EQUALLY DIVIDED. RULE 126: SEARCH AND SEIZURE SECTION 1, SEARCH WARRANT DEFINED Searen Warrant Elements of a Search Warrant General Warrant Sealter Shot Search Warrant ‘SECTION 2. COURT WHERE APPLICATION FOR SEARCH WARRANT SHALL BE FILED Ex parte application ‘SECTION 3. PERSONAL PROPERTY TO BE SEIZED Kinds of property to be seized by vitue ofa warrant SECTION 4 REQUISITES FOR ISSUING SEARCH WARRANT Requistes Pari who may question valiy of search and seizure Probable Cause’ Batis of Probable Cause Factors in determination of probable cause Who determines probable cause Partuiary describing the place to be searched and the persons or things o be seized Test to determine particularity “Muli-facter Balaneing Test In determining probable cause SECTION 8, EXAMINATION OF THE COMPLAINANT, RECORD Necessity of Personal Examination Matters that may be raised in a motion to quash a search warrant SECTION 6. ISSUANCE AND FORM OF SEARCH WARRANT Issuance of Search Warrant Form of Search Warrant ‘SECTION. RIGHT TO BREAK DOOR OR WINDOW TO EFFECT SEARCH ‘General Rule: Knock and Announce Principle Exceptions: When unannounced inrusion fs pormissible SECTION 8. SEARCH OF HOUSE, ROOM OR PREMISES TO BE MADE IN PRESENCE OF TWO WITNESSES SECTION 9, TIME OF MAKING SEARCH Exceptions tothe exception SECTION 10, VALIDITY OF THE SEARCH WARRANT ‘SECTION 11, RECEIPT FOR THE PROPERTY SEIZED. SECTION 12, DELIVERY OF PROPERTY AND INVENTORY THEREOF TO COURT; RETURN AND PROCEEDINGS THEREON ities ofthe Executing Officer Within 10 days afer ssuance of Search Warrant, the judge shal ascertain if a retum has been made: SECTION 13. SEARCH INCIDENT TO LAWFUL ARREST \When may there be a search witnout warrant Immediate Control Test ‘Toaliy of Circumstances Principle 12018 SAN BEDA CENTRALIZED BAR OPERATIONS:TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Stop and Frisk serves 9 two-fold interest Welver of legaliy search and acmissiilty evidence SECTION 14. MOTION TO QUASH A SEARCH WARRANT OR TO SUPPRESS EVIDENCE: WHERE TO FILE Where @ Motion to Quash a Search Warrant May Be Filed Romedios of Pary advorcoly affected by a Search Warrant Objection to lesuance oe Service of a Warrant Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights 339 ‘The Wat of Search and Seizure Where the application is fied Grounds for he Issuance of the Order Contents of the wer Seizure of Computer Disks Other Storage Devices 340 RULE 127: PROVISIONAL REMEDIES IN CRIMINAL CASES .. SECTION 4, AVAILABILITY OF PROVISIONAL REMEDIES Nature of provisional remedies kinds of Provisional Remedies SECTION 2 ATTACHMENT ‘Who may apply for preliminary attachment ' Notice to adverse party not required ‘Altachment may be availed of only when the cll action arising from the crime has not been expressly waived or nol reserved and only in the following cases EVIDENCE Sources RULE 128: GENERAL PROVISIONS . SECTION 1. EVIDENCE DEFINED Four Component elements: Exceptions, Distinctions between Evidence and Other Concepts Protum Probendom vs: Factum Probans Distinctone between Evidence and Other Concepts Giner Coseiteatons of Evidence Rus of Evidence have boon classified into Rites of Protatve Poley Rules of Exeinae Poy ‘Abeones of Vested Rights in the Rules on Evidence Liberal Constcton ofthe Rules on Evidence Wiaver ofthe Rules of Evidence SECTION? SCOPE Unfonmty of Rules of Evidence in Judicial Proceedings Applcabity ofthe Files on Evidence SEC Ton AoMSsIBiLiry OF EVIDENCE Regulates for Admissbilly of Evidence A Types of Ramsey 8. Rules of Exetusionv Excluionary Rules ‘The folowing are rules that exclude certain pes of evidence ‘Th folowing are the provisions ofthe Constuon and lw that exclude evidence Doctrine of the “Frit of the Poisonous Treo" ‘Xémlsooity of Eloctronio Documents, ‘Admissioty of evidence obtained in voltion of The Chid and Youth Weare Code (P.0. 603) SECTION’ RELEVANCY, COLLATERAL NATTERS Relevano ‘eats of Relevancy Collateral matters Factin esua vs. Fact evant tothe issue 363 RULE 129: WHAT NEED NOT BE PROVED Matters that need not be proved stuiciat Notice “Applicabity of Judicial Notice oct of Judieal Note Upon the Burden of Proving a Fact Material Requisites Test of Notoriety Judge's Personal Knowledge Kinds of Judea! Notes ‘SECTION 1 JUDICIAL NOTICE, WHEN MANDATORY Mandatory Judicial Notice 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | nxTABLE OF CONTENTS SAN BEOA MEMORY AID 2018 Matters relating to the legislative department Mattes relating to the courts of ustice ‘SECTION 2 JUDICIAL NOTICE, WHEN DISCRETIONARY Discretionary Judicial Notice Things of ‘eammon knowledge” Foreign Lave Doctrine of Processual Presumption Jodieial Notice of Murscipal Ordinances “Judicial Notice of records of another case previously tied Exceptions ‘The rules betore appelate cours with regard to court records Jusicial Notice of other mates SECTION 3 JUDICIAL NOTICE, WHEN HEARING NECESSARY ‘Stages upon which the court may take judeial notice ofa fact Purpose of Hearing SECTION 4 JUDICIAL ADMISSICN Exceptions Roquisites of Judicial Admission ‘What need not be proved ‘Speatie Denial Remedy of 8 party who gave a Judicial Admission RULE 130: RULES OF ADMISSIBILITY A. Object Evidence B Documentary Evidence ,_ Testimonial Evidence SECTION, OBJECT AS EVIDENCE (Object or Real Evidence Physical Evidence Object evidence may bo Distinctions betwoon Object or Real Evidenes Types of Demonstrative Evidence Requisites of Admissibily of Object Evidence ‘Autnenteation “authentic” Purposes of Authentication ‘Types of Authentication Doctrine of Chain of Custody Purpose of Establishing a Chain of Custody A. "Chain of Custody in Drugs related Gases ‘Marking ofthe Evidence How Chain of Custody Is Observed Non-compliance wih the Doctrine of Chain of Custody B. "Chain of Custody in DNA Evidence ‘Testimonial Foundation Categories of Object Evidence: How object evidence presented ‘Qeular Inspection or View" Experiments Personal Appearance as Object Evidence ‘The body of the plain as object evidence in personal injury case ‘Two Theones ‘The body ofthe accused as object evidence ia criminal cases SECTION 2, DOCUMENTARY EVIDENCE 1nd Demonstrative Evidence BEST EVIDENCE RULE ‘SECTION 2, ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS Bost Evidence Rule Exceptions Applcabity LUnitations upon Best Evidence Rule Purposes of the Best Evidence Rule Voluminoue Wetings Requistes Beat Evidence Rule in Ceminal Cases ‘SECTION 4, ORIGINAL OF DOCUMENT Bocuent Amended or Attered by the Parties Tho Fule on Duplicate Original Rules on Copies of a Document Bes! Evidence Rule 25 applied to Electronic Documents (Orginal of an Electronic Document ‘Copies as equivatent ofthe originals xxx | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 358TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 365 ‘SECONDARY EVIDENCE .. SECTION 5, WHEN ORIGINAL DOCUMENT IS UNAVAILABLE Predicates of Secondary Evidence Order of Proot ‘SECTION 6. WHEN ORIGINAL DOCUMENT IS IN ADVERSE PARTY'S CUSTODY OR CONTROL, Roguistos SECTION 7. EVIDENCE ADMISSIBLE WHEN ORIGINAL DOCUMENT IS A PUBLIC RECORD Carty Asai Irremovabity of Pubic Record SECTION 8. PARTY WHO GALLS FOR DOCUMENT NOT BOUND TO OFFERIT Production of Documents: For Purposes of Evidence vis-dvis a8 a Mode of Discovery 367 PAROL EVIDENCE RULE ‘SECTION 9. EVIDENCE ON WRITTEN AGREEMENTS Parol Evidence Rule Paro! Evidence Evidence Allundo (Extinsic Evidence) Exceptions, Purpose of the Ful: Requsites for Appiicabilty Aoplicaally Ingpplicabilty of PER Waiver of Parol Evidence Rute Exceptions tothe Paral Essence Rule levine o latent ambiguity Intermediate ambiguity EEdrnsie or Patent Ambiguity Reason forthe Exclusion of Parol Evidence to Explain Exrinsic Ambiguity Mistake. Elements of Mi Imparfoction CConsitional Agreements arol Evidence Rule Applicable to Wis SECTION 10 SECTION 19, INTERPRETATION OF DOCUMENTS: Contra Proferentem Rule 370 QUALIFICATION OF WITNESSES .. ‘Testimonial Evidence SECTION 20. WITNESSES; THEIR QUALIFICATIONS Witness Giizen's Testimonial Duty Qualifcatone of Witnesses Competency of winess Presumption of Competency When fs competancy datormined Who detormines the competency of a witness Test of Competency ‘Objection to tho Competency Vor are Examination or Compotoncy Examination ‘Two Kinds of Incompetency to Testy Effect of Faure ofa Party to Object the Competency of 2 Witness [SECTION 21, DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY ‘A. Mental Incapacity Rules on time of insanity Feeble-minded porsone 8. Immaturity Competency of a Child Witness SECTION 22, DISQUALIFICATION BY REASON OF MARRIAGE (SPOUSAL IMMUNITY) Rule on Mantal Diequalifcation Nature Reasons Requisites Exceptions Who may object Duration of he Priviloge Form a the testimony covered by rulo on marital disqualification Marrying the Witness, SECTION 22, DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY Dead Marrs Statute (Survivorship Disqualification Rule) Roquistos Applicability IASsignor 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | 101,TABLE OF CONTENTS i SAN BEDA MEMORY AID 2018 Mators Prohibited Facts favorable to the doceasod are not profited ‘When dead man's statute cannot te invoked SECTION 24, ISGUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION Privege ‘Who may acsor prviege Cases covered Buration of Prvege imitation Priviaged Communications found in the Rules of Court Gommon Element : Ae Prlaged Communication Between Husband and Wile Roqustos Presumption of Conidontiaty ‘Valid marnage is essential fo lovoke this prlege Applicability aver Duration of Paiviege Conetiational Lmstation Rule whan commaniation is heard by ti parsons 8." Prvloged Communteaton between Atfney and Client Cases Whore Disquaiicaton Based on tho Atemey-Chont prvilage does NOT apply ‘The Waiver o he Prviago may ein bo Ewpross x Implied Innit waiver may consist ‘Applicat of tne Privilege to Counsel de Ofcio ‘Ropleabilty of ine Prilage 1 an Atorney who fs @ subscribing witness o his cents wi ‘Applcabiy of Prviogo ta Actions Brough By The Giont Agama to Atorey ‘Atorney-Chon rivioge as sppited to idan of Cont For of Priviege Duration of Prviege C Prvieged Communication between Doctor and Patient Reguistos When Privioge Does Not Analy ‘Test determine whether formation given in the presence of hid partis i¢prvloged Scope of Prohibition Pristoge not olated whore doctor testified as expert Competency of the Physician to Testy Detormined by Courts 1b. "Prvleged Commurscation between Prost ond Pomtent Roques Who determines whether or not the cisciosure is pivleged? E” Pulaged Communication to Puble Ofears Rogustos Reason forthe Pei Communication mst have been madetoa public offcer Pub ntrest By way of exceptions i whats asked is among the folowing, disclosure vl be compelled 382 TESTIMONIAL PRIVILEGE SECTION 25. PARENTAL AND FILIAL PRIVILEGE Two Privileges under Seciion 25, When may be invoked ADMISSIONS AND CONFESSIONS SECTION 26. ADMISSIONS OF APARTY ‘Admission Classifeations of Admission When fe an admission admissible? Self-serving deciarations "Sotf-sewving evidence” When Set Serving Statements Admissible ‘gmission vis-dars Confession Principles showing imptoa aarission Introduction ot Admission in Evidence SECTION 27, OFFER OF COMPROMISE NOT ADMISSIBLE Compromise 1. "Cr Cases 2. Crmmina Cases : Excoptions ‘The Good Samaritan Rule [No compromise is alowed inthe folowing cases 382-4 RES INTER ALIOS ACTA 386 ‘SECTION 28, ADMISSION BY THIRD P) Principe of Res inter Alas Acta Altar Nocere Non Debot seo | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Two Branches 1° “Rute 130, Section 28 (Fst Branch) 2. Rule 130, Section 34: Provious Conduct Rule (Second Branch) Exceptions to the Principio of Res Infor As Acta ‘Viearious Admissions ‘SECTION 29. ADMISSIONS BY A CO-PARTNER OR AGENT ‘A. _ Admission by @co:pariner or agent roving the Partnership, Agency oF Joint Ownership 8 "Admissions by @ Joint Owner, Joint Debtor, of Other Person Joint Inevested wih the Party Rooquistes SECTION 30, ADMISSION BY CONSPIRATOR Conspiracy Roquises: roving conspiracy Principle of Impted Conspiracy Scope SECTION 31, ADMISSION BY PRIVIES Privies Requistes Instances when the acts. declarations. or omissions of a predecessor in interest admissible against the prvi: SECTION 32. ADMISSION BY SILENCE Scope Fooguistes Qurtacet consent videtur Doctrine of Adoptive Admission ‘When Adoptive Admission Not Applicable: Instances Where There fe No mpliod Admission SECTION 33. CONFESSION Key Precple Confession Kinds of Confession Reguisites for the Admissibility of Exrojucial Confession ‘Agmission or Confession Under Oath Not Required Presumplion of Voluntariness of Cantession Entrudelal Confession Binds the Confessor Only Custodial Investigation Reenactment Interlocking Confession 391 PREVIOUS CONDUCT AS EVIDENCE SECTION 34, SIMILAR ACTS AS EVIDENCE Exceptions Burdon ofthe Party Offoring Previous Act as Evidence Rape Shield Irrlevance of Past Sexual Behavior, Opinion thereof ar Reputation of Vicims and of Consent of Vicims In Cases of Deception, Coercion and Other Prohibited means ‘Sexual Abuse Shield Rule in Rule on Examination of Child Winess SECTION 35. UNACCEPTED OFFER Scope TESTIMONIAL KNOWLEDGE .. ee SECTION 36, TESTIMONY GENERALLY CONFINED TO PERSONAL KNOWLEDGE; HEARSAY EXCLUDED Hearsay Rule Hearsay, Hearsay may be oral or writon Reason for Exclusion of Hearsay Evidence ‘The Fight to Confrontation insures That Specie Elements of Heareay Clacslfeations of Outot-Court Statements Concepts of Hearsay Evidence Double Hearsay Non-human Evidence Selt-sering statements Independently Relevant Statements (Apparent Hearsay) ‘Classes of Independently Relevant Statomonts 393 EXCEPTIONS TO THE HEARSAY RULE Excaptions to the Heorsay Rule (ther Exceptions SECTION 37. DYING DECLARATION. Dying Declaration (Ante Mortem Statement or Siaioment in Ariulo Moris) Reasons for Admisstbity “Truth Sits On the Lips of the Oying Man Roquistes 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | octTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Consciousness of an Impending Death Doctrine of Completeness Form of Dying Deciavation SECTION 38. DECLARATIONS AGAINST INTEREST Reason for Admissiity Requistes When inappicable Interest Covered Declarations against pecuniary Interests Declarations against proprietary interests Form of Declaration. SECTION 39, ACT OR DECLARATION ABOUT PEDIGREE Posigroo Roquistes Reason for Admissibity ‘Ante item motam y Birth or Marriage Prior Evidence of Relationship ‘SECTION 40. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE Reason for admissibity Requistes Family Reputation or Tradition in Respect to One's Pedigree May be Estabiished ‘Reputation or Traction Existing inthe Famiy SECTION $1, COMMON REPUTATION Reasons for Admissibity ‘Common Reputation Evidence of Negative Good Repute SECTION 42. PART OF THE RES GESTAE Res gestae Similarly between Res Gestee and Dying Deciarations Types of Ros Gostao 7 Spontansous Statements Reequsites of Admissibity of Spontancous Statements: Reasons for Admissbilty 2 Verbal Acts Equivocal het guises ‘SECTION 43, ENTRIES IN THE COURSE OF BUSINESS. Requistes Reason for Admissbity Eniries inthe Ordinary Course of Business How regulany ofthe erties proved ‘SECTION 44, ENTRIES IN OFFICIAL RECORDS Reguistes Roasone for Admissibility SECTION 45. COMMERCIAL LISTS AND THE LIKE Foqusites Reasons for Admissilty ‘SECTION 46, LEARNED TREATISES Reasons for Admiseliy SECTION 47. TESTIMONY OR DEPOSITION ATA FORMER PROCEEDING Reequistes SUMMARY OF EXCEPTIONS TO THE HEARSAY RULE 405 409 OPINION RULE SECTION 48. OPINIGN RULE Opinion Reason for Admissibity ‘SECTION 49: OPINION OF EXPERT WITNESS. Expert Expert evidence How Quallfeations of an Expert Witness ls Estabished Basis of Expert Opinion Expert evionce is admissibie only Probative Value of Export Testimony Instances when qualfying an expert wilness may be dispensed with Forms of Question on Direct Examination of Exper Witness Hypothetical Question ‘Common Subjects of Expert Testimony ‘SECTION 50, OPINION OF ORDINARY WITNESS (Ordinary Opinion Evidence Exceptions Laying the Proper Basis or Predicate veexiv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 pinion as to the Identity of a Person Ghinion as to the Handing of s Person Opinion a8 0 the Mental Santy or Insanely of @ Person 410 CHARACTER EVIDENCE ‘SEC. 51, CHARACTER EVIDENCE Character v Reputation ‘Good moral character Exceptions Criminal Cases Instances When the Good or Bad Moral Character af the Offended Party may be Offered ae Evidence Exceptions tothe Exception. Chil Cases ‘As toWinesses ‘Both Criminal and Civ roving Good or Bad Character of a Party ‘Some chil actions where the measure of compensation may be aflected by the plants charactec Person's character may be proved by 412 RULE 131: BURDEN OF PROOF AND PRESUMPTIONS .... SECTION 1. BURDEN OF PROOF (ONUS PROBANDI) Burden of Proof / Risk of Non-Persuasion Proof Burden of Evidence / Duty of going forward with evidence Erincumbt probatio qu ae no qui nogat Stage when burden of proof may be determined Test to determine where burden of proof lies, Upon wnem burian of proof rests Principe of Negative Averments PRESUMPTIONS. Definition Effect of Legal Presumption Upon (Classification of Presumptions Presumption Juris or Presumplions of Law Effect of a Presumption Prima facie Evidence (Presumptive Evidence) Pyramiding Presumption of Inference: SECTION 2. CONCLUSIVE PRESUMPTIONS. 1. Estoppelin pats Requistes as fo the Party to be Estopped Requisites as 10 the Party Claiming estoppel Leche 2. Estoppet by dood Two Points to Remember Inapplicabilty of the Second Kind of Estoppel ‘Other Type of Estoppel ‘SECTION DISPUTABLE PRESUMPTIONS Equipoise Rule or Equipondorance Doctrine ‘When presumption wil ot apply child to be of thetist mariage, Requistes SECTION 4, NO PRESUMPTION OF LEGITIMACY OR ILLEGITIMACY 420 RESENTATION OF EVIDENCE RULE 132: 420 A. EXAMINATION OF WITNESSES ‘Two-fold Object in Requicng a Witness to be Sworn SECTION 1 EXAMINATION TO BE DONE IN OPEN COURT Witnesses: ‘Submission of Judicial Afidavits and Exhibits in lieu of direct testimonies One-day Examination of Witness ule ‘Most important witness Rule Improper Questions Conational Examination of Witnesses In Criminal Cases SECTION 2 PROCEEDINGS TO BE RECORDED. SECTION 3. RIGHTS AND OBLIGATIONS OF AWITNESS, ‘Obligation of a witness. Privilege protects its holders only against the isk of eriinal liabilty Rights ora Witness Fight of a ultness tobe free from personal violence 2018 SAN BEDA, CENTRALIZED BAR OPERATIONS | 100%TABLE OF CONTENTS ; SAN BEDA MEMORY AID 2018 Examination of Witness by Trial Judge Right against Sellsncrmination of Witness Scope of the Priviege ‘Compusion Exception to Witness’ Right to Sat-ncrimination Classification of Immunity Statutes ‘Acts not covered by the prohibition against seltncrimination Waiver Waiver of Winess-Accused Right against seltincrmination of the accused as stinguished from that of an ordinary witness LUmiation fa witness is a party in a ell action Right Against Selt degradation Discretionary Control of Degrading Cross-Examination 424 WITNESS PROTECTION, SECURITY AND BENEFIT ACT: REPUBLIC ACT NO. 6981 who may be admited State Witness Sworn Statement Discharge of Accused to be a State Witness: Requisite for one tobe a state witness under RULE 119, Sec. 17 SECTION 4. ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS. ‘SECTION 5. DIRECT EXAMINATION Direct Examination Form of Questioning ‘ SECTION 6. CROSS- EXAMINATION Cross-evamination Purposes of Cross-examination Doctrine of ncompiete Testimony When to strike out for ack of cross-examination Effect of Death or Absence ofa Witnoss Urwaling oF Hostile Wiese. ‘SECTION 7. RE-DIRECT EXAMINATION SECTION &. RE-CROSS EXAMINATION SECTION 9, RECALLING WITNESS. SECTION 10. LEADING AND MISLEADING QUESTIONS ‘Leading Questions Excaptons Reason for alowing leading questions on cross-examinaion ‘ For exceptions Nos 3 and 4 Misleading Question Reasons SECTION 11. MPEACHMENT OF ADVERSE PARTY'S WITNESS, Ways of impeaching Adverse Party's Winess ‘Other Modas of impeachment asige from Sec. 17 Prior Convictons: Rehabiltaion of Witnesses SECTION 12, PARTY MAY NOT IMPEACH HIS OWN WITNESS. UUnwiling or Hostile witness or Witness Who is an Advarse Party SECTION 13. HOW WITNESS IMPEACHED BY EVIDENCE OF INCONSISTENT STATEMENTS, Roqusis Different Stages of the Process of Impeachment Laying of a Predicate. : Reasons for Laying the Predicate Etfact of Witness" Dental of Making Statement SECTION 14, EVIDENCE OF GOOD CHARACTER OF WITNESS. SECTION 15. EXCLUSION AND SEPARATION OF WITNESS, Persons Not Subject to tho Rule ‘SECTION 16. WHEN WITNESS MAY REFER TO MEMORANDUM Present Recollection Revved of Revival of Present Memory Past Recollection Recorded or Revival of Past Recollection, SECTION 17, WHEN PART OF TRANSACTION, WRITING OR RECORD GIVEN IN EVIDENCE, THE REMAINDER ADMISSIBLE Rule of Completeness or Rule of Inivsibity ‘The rule applies to confessions SECTION 78. RIGHT TO INSPECT WRITING SHOWN TO WITNESS B. AUTHENTICATION AND PROOF OF DOCUMENTS, ‘Authentication ‘ve Execution and Genwi Document ‘SECTION 19, CLASSES OF DOCUMENTS Pubie documenta Authentication of Private Documents (Cast Wi and Testament SECTION 20. PROOF OF PRIVATE DOCUMENT vous | 2016 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2O1B Seltauthentcating Documents SECTION 21. WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE DOCUMENT NOT NECESSARY Requirements for Ancien! Document Rule Conditions of Custody ‘SECTION 22. HOW GENUINENESS OF HANDWRITING PROVED Methods of Authentication SECTION 23, PUBLIC DOCUMENTS AS EVIDENCE Prma Facie Evidence AllOther Pubic Documents ‘SECTION 24. PROOF OF OFFICIAL RECORD ‘SECTION 25. WHAT ATTESTATION OF COPY MUST STATE Foreign Documents Foreign Judgments ‘Authentication of Foreign Judicial Records SECTION 26 IRREMOVABILITY OF PUBLIC RECORD ‘SECTION 27. PUBLIC RECORD OF A PRIVATE DOCUMENT ‘SECTION 28. PROOF OF LACK OF RECORD ‘SECTION 29, HOW JUDICIAL RECORD IMPEACHED Esavinsie Fraud SECTION 30. PROOF OF NOTARIAL DOCUMENTS. Notariat Document SECTION 31. ALTERATIONS IN OOCUMENT, HOWTO EXPLAIN 435 ©. OFFER AND OBJECTION Presumption as to Author of Alteration Matera Alteration SECTION 92. SEAL SECTION 33. DOCUMENTARY EVIDENCE IN AN UNOFFICIAL LANGUAGE, SECTION 34. OFFER OF EVIDENCE Procedure Formal Offer of Evidence ‘When formal offer of evidence is NOT required Necessity of oer of evidence Why purpose of offer must be specified SECTION 35. WHEN TO MAKE OFFER Procedure before documentary and objact evidence can be considered by the Court ‘Stages inthe Presentation of Documentary Evidence SECTION 36. OBJECTION. Classiteation of Objections Requirements to Exclude Inadmissibie Evidence Reasons why an objection must be specific Waiver What does he waive Effect of cross-oxarninaton ‘SECTION 97. WHEN REPETITION OF OBJECTION UNNECESSARY Rule on Continuing Objections SECTION 38. RULING, Liberality in Admiting Evidence Effect of Ruling on Objections SECTION 39. STRIKING OUT ANSWER Modes of Excluding Inacmissibie Evidence ‘Time of making motions to stike SECTION 40, TENDER OF EXCLUDED EVIDENCE ‘Tender of Excluded Evidence or Offer of Proof or Profer of Evidence How made: "Porte que puedo valer“ Principle ‘An offer of proof may be made: Wen offer of proof not required Harmloes Error Rule RULE 133: SUFFICIENCY AND WEIGHT OF EVIDENCE ... Hierarchy of Evidentiny Valves: SECTION 7. PREPONDERANCE OF EVIDENCE Equiponderance of evidence (Equpoise rule) SECTION 2. PROOF BEYOND REASONABLE DOUBT Alb v. Denial Motive Out of Court identification alice Line-up Idertieation Res ipsa loquitur Croatbitty of Witnesses Rule on Partial Greatly FFafsus in uno, Fafsus in omnibus Rape Cases, 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xxvTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rules on Crecibilty in Rape Cases ‘Swesthaart Theory Paraffin Tests Polyoraph Tests SECTION 3. EXTRAJUDICIAL CONFESSION, NOT SUFFICIENT GROUND FOR CONVICTION Confession Requisies Right to Counse! Corpus det SECTION 4. CIRCUMSTANTIAL EVIDENCE, WHEN SUFFICIENT Circumstantial evidence Ihis suffesent for conviction Reason for its Admission Posttve identifeation ‘The two types: SECTIONS. SUBSTANTIAL EVIDENCE Conchisivenass of Facts Exceptions [SECTION 6, POWER OF THE COURT TO STOP FURTHER EVIDENCE ‘SECTION 7, EVIDENCE ONMOTION 448 ANTI WIRE-TAPPING LAW: REPUBLIC ACT NO. 4200 Uniawl Acts | Beompled Acts Inacissiity Law ime to wiretapping device State Acton Suivellance of Suspects and Interception and Recording of Communications under the Human Securty Act of 2007 (RA. 2372) RULE ON EXAMINATION OF CHILD WITNESS (A.M. NO. 004 — 07 ~ SC, DECEMBER 15, 2000) .. Chie watnese Chid abuse Objectives: Best Interests of the Child Presumption of Competency ‘Compateney Examination Is the competency examination a final determination as tothe chile's competence Persons Aliowed at Competency Examination (Guardian ac item Interpreter Faeltator Suppor Person Examination of a Child Witness Powers and Duties ofthe Court Corroberation ode of Questioning A. Livedink TV Testimony of @ Child Witness ‘Winen applicable Period of Application ‘When application may be approved Preservation of chi testimony 1B. Sezoens, one-way miftors, and othor devices to shield child from accused f Goeenceepraaeieaacs rn eaten oun Ree taper obo nat recent co Recep arenas ere Reet ree arr se ec eer ee eee eee atesa ator ae ese eet ceyenes feetececen cena tore ers es ants 452 E ~ COMMERCE LAW: REPUBLIC ACT NO. 8792 .. Fequistes for the Aamissiilty of Electronic Document Burdon of Prost eve | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,