Professional Documents
Culture Documents
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I. JURISDICTION
1. It is the power and authority of the court to hear, try, and decide the
case (Continental Micronesia, Inc., vs. Basco, GR Nos. 178382-83, September
23, 2015; Barangay Mayamot vs. Antipolo City, GR No. 187349, August 17,
2016). Jurisdiction of the court includes the authority to execute its
decision. It includes the power of the court to control the execution
of its decision (Echegaray vs. Secretary of Justice, 301 SCRA 96, 108).
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5. What is jurisdiction over the parties? Jurisdiction over the parties
refers to the power of the court to make decisions that are binding on
persons (De Pedro vs. Romasan, supra). It is the legal power of the court
to render a personal judgment against the party to an action or
proceeding (Black’s Law Dictionary, 5th Ed., 767, citing Imperial vs. Hardy,
La 302 So.2d 5, 7, cited in Riano, Civil Procedure, 2016).
1. It has been long settled that while a court acquires jurisdiction over
the case only upon payment of the docket fees, its non-payment at the
time of the filing of the complaint does not automatically cause the
dismissal of the case, provided the fees are paid within a reasonable
time. Even inadequate payment of filing will not divest the court of
its jurisdiction. This rule is applicable even if the claim for damages of
the plaintiffs is metered or progressing as case the case is pending
(Unicapital vs. Consing, G.R. Nos. 175277 & 175285, September
11, 2013).
12. What are the conditions for a proper joinder of cause of action?
A proper joinder of causes of action must comply with the following
conditions: 1) The joinder shall not include special civil actions or
actions governed by special rules; 2) Where the causes of actions are
between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the RTC provided one of
the cause of actions falls within the jurisdiction of said court and
venue lies therein; 3) Where the claims in all causes of action are
principally for recovery of money, the aggregate amount claimed shall
be the test of jurisdiction (Section 5, Rule 2).
1. Who is real party in interest? A real party in interest is the party who
stand to be benefited and injured by the judgment of the suit, or the
party entitled to the avails of the suit. Unless otherwise authorized by
law or the rules of court, every action must be prosecuted or defended
in the name of the real party in interest. (Sec. 2, Rule 3). The
determination of who the real party in interest is requires the
examination of elements of a cause of action. A cause of action
involves the existence of a right and violation of such right. Thus, the
owner of the right violated is the real party in interest as plaintiff and
the one violating the right is the real party in interest as defendant.
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necessary party, if his name is known, and shall state why such party
is omitted (Sec. 9, Rule 3).
10. In the case of Aceron v. Ang, G.R. No. 186993, August 22, 2012, a case
for collection of a sum of money was filed by Atty. Aceron in behalf
of Theodore and Nancy Ang. Theodore and Nancy reside in
California, they are non-residents, while defendants reside in Bacolod.
The action was filed by Atty. Aceron in Quezon City where he resides.
A motion to dismiss was filed but it was denied by RTC. The question
is: is the representative-lawyer a real party in interest, making
the filing of the complaint in court to be in the place where he
resides? Answer: NO. The representative is just a representative and
NOT a real party in interest.
12. What is a class suit? When the subject matter of controversy is one
of common or general interest to many persons so numerous that it
is impracticable to join them all as parties, a number of them which
the court finds to be sufficiently numerous and representative as to
fully protect the interest of all concerned may sue or defend for the
benefit of all. (Sec. 12, Rule 3).
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14. What is common or general interest? A class suit does not require
a commonality of interest in the questions involved in the suit. What
is required by the Rules is a common or general interest in the subject
matter of the litigation. The “subject matter” of the litigation meant
the physical, the things real or personal, the money, lands, chattels,
and the like, in relation to the suit which is prosecuted and not the
delict or wrong committed by the defendant (Mathay vs.
Consolidated Bank & Trust Co., 58, SCRA 559, 571).
15. What is the duty of the lawyer if case of a party dies? If the party
dies and the claim is not extinguished, his duty is to inform the court
of such fact within 30 days after such death and to give the name and
address of the legal representatives of the deceased party. (Sec. 16,
Rule 3).
17. What is the rule in an action for sum of money if one of the
defendant dies? When the action is for recovery of money, arising
from contract, express or implied and the defendant dies before entry
of final judgment in the court in which the action was pending at the
time of such death, it shall not be dismissed but it shall be allowed to
continue until final judgment. Favorable judgement shall be claimed
in the estate proceedings of the deceased defendant (Sec. 20, Rule 3).
NOTE: The favorable judgement cannot be in action for sum of
money arising from contract express or implied when the
defendant dies cannot be subject of motion for execution. The
judgment shall be filed as a claim in the settlement of estate
pursuant to Section 5, Rule 86. HOWEVER: if the action for sum
of money based on injury to person or property, it need not be filed
in the settlement of estate because it may be executed against the
executor or administrator (Section 1, Rule 87).
18. What are actions that survive? The following actions survive: a)
action to recover real or personal property; b) action to enforce lien
thereon; c) action to recover damages for an injury to person; d)
action for quasi-delict (Section 1, Rule 87).
VI. VENUE
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2. What is the basic consideration in determining venue of the
action? The venue of the action would be determined is the
determination of whether an action is real or personal. SECTION 1.
Venue of Real Actions. — Actions affecting title to or possession of
real property, or interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated (Rule 4).
SECTION 2. Venue of Personal Actions. — All other actions may
be commenced and tried where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a non-resident defendant where
he may be found, at the election of the plaintiff (Rule 4).
VII. PLEADINGS
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5. What should the court do if affirmative defenses are raised? The
Court should resolve them within a period of thirty (30) days from the
filing of the Answer. The Court may conduct summary hearing for
fifteen (15) days if the grounds relied upon are those provided in
Section 5(b), Rule 6 and should resolve the same within thirty (30)
days from the termination of the summary hearing (Section 12, Rule
8).
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presented as counterclaim by supplemental pleading before judgment
(Sec. 9, Rule 11).
16. What are the grounds to deny third-party claim? The third
(fourth, etc.)-party complaint shall be denied admission, and the court
shall require the defendant to institute a separate action, where: (a)
the third (fourth, etc.)-party defendant cannot be located within thirty
(30) calendar days from the grant of such leave; (b) matters extraneous
to the issue in the principal case are raised; or (c) the effect would be
to introduce a new and separate controversy into the action (Section
11, Rule 6).
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18. What is the effect if the judicial affidavit of the witnesses are not
attached to the pleading? They may not be allowed to testify
(Section 6, Rule 7).
19. Amendment of the Pleading. A party may amend his pleading once
as a matter of right at any time before a responsive pleading is served
or, in the case of a reply, at any time within ten (10) days after it is
served (Section 2, Rule 10). Except as provided in the next preceding
Section, substantial amendments may be made only upon leave of
court. But such leave shall be refused if it appears to the court
that the motion was made with intent to delay or confer
jurisdiction on the court, or the pleading stated no cause of
action from the beginning which could be amended (Section 3,
Rule 10). PLEASE TAKE NOTE: There are now grounds to deny
the motion for leave to admit amended pleading. The grounds are
provided in Section 3, Rule 10.
22. Debtor executed 3 PN’s in favour of the Creditor. One of the PN’s
became due and demandable. Thus, debtor not paying the PN,
creditor filed a collection suit against the debtor. While the case is
pending, the other PNs became due and demandable also. The
Creditor included the last two PN as evidences in the case pending. It
was introduced without the objection of the Debtor? Can the Court
render judgment on the last two PNs? NO. Section 5 thereof
applies to situations wherein evidence not within the issues raised in
the pleadings is presented by the parties during the trial, and to
conform to such evidence the pleadings are subsequently amended on
motion of a party. Thus, a complaint which fails to state a cause of
action may be cured by evidence presented during the trial. However,
the curing effect under Section 5 is applicable only if a cause of action
in fact exists at the time the complaint is filed, but the complaint is
defective for failure to allege the essential facts (Swagman Hotels
and Travel vs. CA, 455 SCRA 175).
28. What are the defenses which are incompatible with the
admission of the due execution and genuineness of the
actionable document? The following defenses are cut off: a)
Forgery of document; b) Lack of authority to execute the document;
c) The party charged signed the document in some other capacity than
that alleged in the pleading; d) The document was never delivered; e)
Document was not in the words and figures as set out in the pleading
(See: Hibberd vs. Rohde and Mcmillian, 32 Phil. 476; Imperial
Textile Mills vs. CA, 183 SCRA 584).
1. What are the modes of filing? The following are the modes of filing:
a) Submitting personally the original thereof, plainly indicated as such,
to the court; b) Sending them by registered mail; c) Sending them by
accredited courier; or d) Transmitting them by electronic mail or other
electronic means as may be authorized by the Court in places where
the court is electronically equipped (Section 2, Rule 13).
2. What are the modes of service? The following are the modes of
service: a) personal service; b) mail; c) accredited courier; d)
electronic mail, facsimile transmission, other electronic means as may
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be authorized by the Court; or e) as provided for in international
conventions to which the Philippines is a party (Section 5, Rule 13).
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9. Nature of Substituted service. Substituted service is a method
extraordinary in character, hence, may be used only as prescribed and
in the circumstances authorized by statute (Chu vs. Mach Asia
Trading Corp, 694 SCRA 302, 309-310). Hence, return which
merely states the alleged whereabouts of the defendants, without
indicating that such information was verified and without specifying
the efforts exerted to serve the summons, is not enough for
compliance. So is mere general statement that such efforts were made
(Jose vs. Boyon, 414 SCRA 216).
13. NOTE: The court reiterated the rule that the impossibility of prompt,
personal service should be shown by stating in the proof of service that
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efforts were made to find the defendant personally and that said efforts
failed; hence resort to substituted service. Since no such explanation
was made, there was a failure to faithfully, strictly, and fully comply
with the requirements of substituted service (Miranda vs. Court of
Appeals, 326 SCRA 278).
2. What is the procedure for litigious motion? The movant shall serve
copy of the litigious motion to the opposite party. The opposite party
shall file his or her comment or opposition within five (5) days from
receipt thereof. The Court shall resolve the motion within fifteen (15)
days from receipt of the comment or opposition or the expiration of
the period to file the same (Section 5, Rule 15).
5. What are the grounds that if granted would make the dismissal
with prejudice? The following grounds if granted would make the
dismissal with prejudice: 1) res judicata; 2) prescription; 3)
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extinguishment of obligation; and 4) statute of frauds (Section 1,
Rule 15).
7. What are the grounds by which the court may dismiss the case
due to the fault of the plaintiff? The court may dismiss the action
on the following grounds: 1) Failure of the plaintiff to present
evidence in chief; 2) Failure to prosecute his action for an
unreasonable period of time; 3) Failure of the plaintiff to comply with
the Rules of Court; 4) Failure of the plaintiff to comply with the order
of the court. NOTE: the dismissal on these grounds is with prejudice
unless otherwise ordered by the Court.
15. Failure to act on the request for admission, the effect is implied
admission. RULE 26, SECTION 2. Implied Admission. — Each
of the matters of which an admission is requested shall be deemed
admitted unless, within a period designated in the request, which shall
not be less than fifteen (15) days after service thereof, or within such
further time as the court may allow on motion, the party to whom the
request is directed files and serves upon the party requesting the
admission a sworn statement either denying specifically the matters of
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which an admission is requested or setting forth in detail the reasons
why he cannot truthfully either admit or deny those matters.
17. Effect of failure to file and serve request. RULE 26, SECTION
5. Effect of Failure to File and Serve Request for Admission. —
Unless otherwise allowed by the court for good cause shown and to
prevent a failure of justice, a party who fails to file and serve a request
for admission on the adverse party of material and relevant facts at
issue which are, or ought to be, within the personal knowledge of the
latter, shall not be permitted to present evidence on such facts.
18. Po vs. CA, 164 SCRA 668. A party should not be compelled to admit
matters of fact already admitted by his pleading and concerning which
there is no issue, nor should he be required to make a second denial
of those already denied in his answer to the complaint. A request for
admission is not intended to merely reproduce or reiterate the
allegations of the requesting party's pleading but should set forth
relevant evidentiary matters of fact, or documents described in and
exhibited with the request, whose purpose is to establish said party's
cause of action or defense. Unless it serves that purpose, it is, as
correctly observed by the Court of Appeals, 'pointless, useless' and 'a
mere redundancy.'
22. If requested by the party examined, the party causing the examination
to be made shall deliver to him a copy of a detailed written report of
the examining physician setting out his findings and conclusions.
After such request and delivery, the party causing the examination to
be made shall be entitled upon request to receive from the party
examined a like report of any examination, previously or thereafter
made, of the same mental or physical condition. If the party examined
refuses to deliver such report, the court on motion and notice may
make an order requiring delivery on such terms as are just, and if a
physician fails or refuses to make such a report the court may exclude
his testimony if offered at the trial (Section 3, Rule 28).
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XI. DEMURRER TO EVIDENCE
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1. When is it available? RULE 34, SECTION 1. Judgment on the
Pleadings. — Where an answer 1) fails to tender an issue, or
otherwise 2) admits the material allegations of the adverse party's
pleading, the court may, on motion of that party, direct judgment on
such pleading. However, in actions for declaration of nullity or
annulment of marriage or for legal separation, the material facts
alleged in the complaint shall always be proved.
10. May a party whose property was attached recover damages from
the attaching party though the former lost the case? Yes. This is
implied from Section 20, Rule 57 which provides that: “An application
for damages on account of improper, irregular or excessive
attachment must be filed before the trial or before appeal is perfected
or before the judgment becomes executory, with due notice to the
attaching party and his surety or sureties.” (Carlos vs. Sandoval, 471
ACRA 266, 289-290).
14. Are there exceptions? YES. Where the summons could not be
served personally or by substituted service despite diligent efforts, or
the adverse party is a resident of the Philippines temporarily absent
therefrom or is a nonresident thereof, the requirement of prior or
contemporaneous service of summons shall not apply (Sec. 4 (c),
Rule 58).
16. May TRO be issued ex-parte? YES. If it shall appear from facts
shown by affidavits or by the verified application that great or
irreparable injury would result to the applicant before preliminary
injunction can be heard, the court to which the application for
preliminary injunction was made, may issue ex parte a temporary
restraining order to be effective only for a period of twenty (20) days
from service on the party or person sought to be enjoined x x x.
(Section 5, Rule 58).
17. May TRO be issued by the EJ? If the matter is of extreme urgency
and the applicant will suffer grave injustice and irreparable injury, the
executive judge of a multiple-sala court or the presiding judge of a
single-sala court may issue ex-parte a temporary restraining order
effective for only seventy-two (72) hours from issuance but he shall
immediately comply with the provisions of the next preceding section
as to service of summons and the documents to be served therewith
(Sec. 5, Rule 58).
18. What should the judge where the case is raffled do after the EJ
issued the 72-hour TRO? Within the aforesaid seventy-two (72)
hours, the judge before whom the case is raffled shall conduct a
summary hearing to determine whether the temporary restraining
order shall be extended until the application for preliminary injunction
can be heard. In no case shall the total period of effectivity of the
temporary restraining order exceed twenty (20) days, including the
original seventy-two hours provided herein (Sec. 5, Rule 57).
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19. Is 20-day TRO extendible? NO. The Rules provide: “In no case
shall the total period of effectivity of the temporary restraining order
exceed twenty (20) days, including the original seventy-two hours
provided herein.” (Sect. 5, Rule 58).
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VIII of the Constitution. NOTE: Certiorari may be used to assail the
validity or constitutionality of the statute.
12. Does the filing of petition stay the proceedings? NO. The petition
shall not interrupt the course of the principal case unless a temporary
restraining order or a writ of preliminary injunction has been issued
against the public respondent from further proceeding in the case
(Sec. 7, Rule 65).
13. What is the period to file the petition? The petition may be filed
not later than sixty (60) days from notice of the judgment, order or
resolution sought to be assailed in the Supreme Court or, if it relates
to the acts or omissions of a lower court or of a corporation, board,
officer or person, in the Regional Trial Court exercising jurisdiction
over the territorial area as defined by the Supreme Court. It may also
be filed in the Court of Appeals whether or not the same is in aid of
its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its
jurisdiction. If it involves the acts or omissions of a quasi-judicial
agency, and unless otherwise provided by law or these Rules, the
petition shall be filed in and cognizable only by the Court of Appeals.
(Sec. 4, Rule 65).
14. May the period be extended? Yes, when: Most persuasive and
weighty reasons. To relieve a litigant from injustice. Good faith of the
defaulting party. Compelling circumstances. Merits of the case. Cause
not entirely attributable to the defaulting party. No showing that it is
frivolous. In the name of substantial justice and fair play. Importance
of issues involved (Labao vs. Flores, 634 SCRA 723).
19. Mandamus will lie to compel the doing of a ministerial act. The
act is ministerial if the act is should be performed under a given state
of facts, in a prescribed manner, in obedience to the mandate of a legal
authority, without regard to the exercise of judgment upon the
propriety or impropriety of the act done (Cudia vs. Superintendent
of PMA, February 24, 2015).
24. What is the period for the filing of petition? Nothing contained in
this Rule shall be construed to authorize an action against a public
officer or employee for his ouster from office unless the same be
commenced within one (1) year after the cause of such ouster, or
the right of the petitioner to hold such office or position, arose;
nor to authorize an action for damages in accordance with the
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provisions of the next preceding section unless the same be
commenced within one (1) year after the entry of the judgment
establishing the petitioner's right to the office in question (Sec. 11,
Rule 66).
27. Which court has jurisdiction? It is the RTC has jurisdiction because
petition for expropriation is an action incapable of pecuniary
estimation regardless of the value of the subject property (Barangay
San Roque vs. Hiers of Pastor, 334 SCRA 127, 134).
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property. Thus, if the value of real property is 400K and below, MTC;
above 400K, RTC (RA 11576).
33. What is the effect if the mortgagor failed to pay the sum due
within the period given? The court, upon motion, shall order the
property to be sold in the manner and under the provisions of Rule
39 and other regulations governing sales of real estate under execution
(Sec. 3, Rule 57). There should be motion, but the motion is ex-parte
(Govt. of PI vs. De Las Lajigas, 55 Phil 668, 672).
34. What should the mortgagee do, after the sale of the mortgage
property is made? He should file a motion for confirmation of sale
(Sec. 3. Rule 68). Here the motion requires notice and hearing
(Tiglao vs. Botones, 90 Phil. 275, 278). The confirmation of sale
shall operate to divest the rights in the property of all the parties to
action and vest the rights in the purchaser, subject to the rights of
redemption under the law (Sec. 3, Rule 68). Order of confirmation is
appealable.
38. Forcible entry and unlawful Detainer. What are the two causes
of actions under Rule 70? 1) Forcible entry – an action to recover
possession of a property from the defendant whose occupation
thereof is illegal from the beginning since he acquired possession by
force, intimidation, threat, strategy or stealth. 2) Unlawful detainer
– an action for recovery of possession from the defendant whose
possession of the property was lawful from the beginning, but became
illegal when he continued his possession despite the termination of his
right thereunder (Sarmieta vs. Manalite Homeowners
Association, 632 SCRA 538, 546).
39. What should be alleged in forcible entry? Plaintiff had prior physical
possession. And, that defendant deprived plaintiff of his possession by
means of force, intimidation, threat, strategy or stealth (FITSS).
43. What is the effect if there is failure to alleged facts necessary for
forcible entry and unlawful detainer? The jurisdictional facts must
appear on the face of the complaint. When the complaint fails to aver
facts constitutive of forcible entry or unlawful detainer, as where it
does not state how entry was effected or how and when dispossession
started, the remedy should either be an accion publiciana or accion
reinvindicatoria (Jose vs. Alfuerto, November 26, 2012; Suarez vs.
Emboy, March 12, 2014).
44. Please take note: When the entry is by stealth, the one-year period
to file action should reckoned from the discovery of entry (Nunez
vs. SLTEAS Phoenix Solutions, Inc., 618 SCRA 134, 142). When
possession is by tolerance, it becomes illegal upon demand to vacate
by the owner and the possessor by tolerance refuses to comply with
such demand (Piedad vs. Gurieza, June 18, 2014). The rule on
tolerance does not apply in a case where there was forcible entry at
the start (Munoz vs. CA, 214 SCRA 216, 224). Hence, in this case,
unlawful detainer is not the proper remedy (Jose vs. Alfuerto,
November 26, 2012).
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49. How to stay the execution of judgment? Appeal is perfected and
the defendant files a sufficient supersedeas bond, approved by the
Municipal Trial Court and executed in favor of the plaintiff to pay the
rents, damages, and costs accruing down to the time of the judgment
appealed from. (Sec. 19, Rule 70). In the absence of a contract, he
shall deposit with the Regional Trial Court the reasonable value of the
use and occupation of the premises for the preceding month or period
at the rate determined by the judgment of the lower court on or before
the tenth day of each succeeding month or period (Sec. 19, Rule 70).
XVI. EXECUTION
10. After receipt of the affidavit of claim, what should the sheriff do?
The officer shall not be bound to keep the property, unless such
judgment obligee, on demand of the officer, files a bond approved by
the court to indemnify the third-party claimant in a sum not less than
the value of the property levied on. The officer shall not be liable for
damages for the taking or keeping of the property, to any third-party
claimant if such bond is filed (Section 16, Rule 39).
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2. Jurisdiction over the subject matter. It is conferred by law. Thus,
it cannot be subject to waiver, acquiescence, agreement or consent of
the parties (Conjuangco, Jr., vs. Republic, 686 SCRA 472). Conferment of
jurisdiction cannot be presumed. Thus, in order to ascertain whether
a court has jurisdiction or not, the provision of law shall be inquired
(Soller vs. Sandiganbayan, 357 SCRA 677, 683). Jurisdiction over the
subject matter is determined by the allegation in the information. It is
not determined by the evidence presented during trial (Lacson vs. ES,
301 SCRA 298). It is determined by the penalty imposable not the
penalty imposed (People vs. Buissan, 105 SCRA 547). It is determined
by the law at the commencement of the criminal action not the law in
effect at the time of the commission of the offence (People vs. Lagon,
185 SCRA 442; Asistio vs. People, April 20, 2015). Except those case
falling under the jurisdiction of the Sandiganbayan because it is
determined at the time of the commission of the offense.
10. PLEASE TAKE NOTE: In cases where none of the accused are
occupying positions corresponding to Salary Grade '27' or higher, as
prescribed in the said Republic Act No. 6758, or military and PNP
officer mentioned above, exclusive original jurisdiction thereof shall
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be vested in the proper regional court, metropolitan trial court,
municipal trial court, and municipal circuit trial court, as the case
may be, pursuant to their respective jurisdictions as provided in Batas
Pambansa Blg. 129, as amended.
11. NOTE FURTHER: Provided, That the Regional Trial Court shall
have exclusive original jurisdiction where the information: (a) does
not allege any damage to the government or any bribery; or (b) alleges
damage to the government or bribery arising from the same or closely
related transactions or acts in an amount not exceeding One million
pesos P1,000,000.00. (RA 10660, amending PD 1606 and RA 8249).
15. What is the effect if the prosecution was not able to prove that
the crime was committed in place where the action was filed? In
a case, the prosecution failed to show that the offense of estafa under
Section 1(b), Art. 315 was committed within the jurisdiction of the
RTC of Makati. Other than the lone allegation in the information,
there is nothing in the prosecution evidence which even mentions that
any of the elements of the offense were committed in Makati. There
being no showing that the offense was committed within Makati, RTC
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of that City has no jurisdiction over the offense (Trenas vs. People,
664 SCRA 355).
16. What are the exemptions to the rule on venue in criminal cases?
1) Where the offense was committed under the circumstances
enumerated in Art. 2, of the RPC. 2) Where the SC ordered the
changed of venue. 3) Where an offense is committed in train, aircraft,
or other public or private vehicle in the course of its trip, the criminal
action need not be instituted in the actual place where the offense was
committed. It may be instituted and tried in the court of any
municipality or territory where such train, aircraft, or vehicle passed
during its trip. The action may also be instituted and tried in the place
of departure and arrival (Sec. 15(b), Rule 110). 4) If the crime is
committed on board a vessel, it may be instituted in the port of entry,
or territory where the vessel passed during the voyage (Sec. 15(c), Rule
110. 5) Where the offense is cognizable by Sandiganbayan; 6) RA
8042, as amended.
18. What is the venue in BP 22? The venue in BP 22 is where the checks
drawn, issued, delivered, dishonored (Yaong vs. People, 704 SCRA 195),
and, deposited (Brodeth vs. People, November 29, 2017).
14. An information for Murder was filed against Samonte for killing
Espinosa. Samonte has been interposing self-defense as a
defense. After the arraignment of Samonte, the Prosecution filed
a Motion for Leave to Admit Amended Information for Murder
against Samonte and Corpus. The Amended information
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alleged conspiracy between Samonte and Corpus. The latter
being the one who paid Samonte to kill Espinosa. Samonte
objected the admission of the Amended Information on the
ground that the Amended Information prejudice his right as the
Amended Information rendered his defense not anymore
available. Is Samonte correct? SAMONTE IS CORRECT. While
conspiracy is merely a formal amendment, Samonte will be prejudiced
if the amendment will be allowed after his plea. Applying the test, his
defense and corresponding evidence will not be compatible with the
allegation of conspiracy in the new information. Therefore, such
formal amendment after plea is not allowed. (Corpus, Jr. v. Pamular,
G.R. No. 186403, September 5, 2018; People v. Casey, 190 Phil.
748-767 (1981).
3. During the pendency of the criminal action, the running of the period
of prescription of the civil action which cannot be instituted separately
or whose proceeding has been suspended shall be tolled. The
extinction of the penal action does not carry with it extinction of the
civil action (Section 2, Rule 111).
11. NOTE: There is prejudicial question when the civil case is previously
filed. If the criminal case is filed first, there is no pre-judicial question
(Pimentel vs. Pimentel, 630 SCRA 436).
12. Omictin vs. CA, 512 SCRA 70. The petitioner, as the supposed
operations manager of the corporation filed an estafa case against the
private respondent, in behalf of the corporation. Before the filing of
the estafa case, private respondent filed before the SEC a case
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questioning the legality of petitioner’s appointment as corporate
officer. Private respondent filed a motion to suspend on the ground
of pre-judicial question. THERE IS PRE-JUDICIAL
QUESTION. Under the circumstances, since the alleged offended
party is a corporation, the validity of the demand for the delivery of
the subject vehicles rests upon the authority of the person making
such a demand on the company’s behalf. Thus, if it is found out that
the petitioner’s appointment is invalid, he has no right to demand for
and in behalf of the corporation and the demand to return is likewise
invalid. Hence, a prejudicial question.
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17. Can a person validly arrested without a warrant ask for
preliminary investigation? YES. Before the complaint or
information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver
of the provisions of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver,
he may apply for bail and the investigation must be terminated
within fifteen (15) days from its inception. After the filing of the
complaint or information in court without a preliminary investigation,
the accused may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule (Section, 6, Rule
112).
19. What is the remedy if the case is dismissed by the Court based
on lack of probable cause? The proper remedy is appeal. The order
dismissing the case for lack of probable cause is a “final order since it
disposes of the case, terminates the proceedings, and leaves the court
with further nothing to do with respect to the case (Cajipe vs.
People, April 23, 2014).
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22. Can the accused appeal the resolution of the inquest
prosecutor’s finding of probable cause to the SOJ? NO. The
Supreme Court in Leviste vs. Alameda, G.R. No. 182677, August
3, 2010, held that the remedy of appeal to the SOJ is not immediately
available in cases subject of inquest. The private party should first avail
of a preliminary investigation or reinvestigation, if any, before
elevating the matter to the SOJ.
25. The waiver to question the illegality of arrest does not carry with it the
waiver of the inadmissibility of the evidence obtained during illegal
arrest (People vs. Aruta, April 13, 1998).
26. Posting of bail does not constitute waiver of irregularity of arrest (Sec.
26., Rule 114).
27. Honasan II vs. DOJ Panel, April 13, 2004. The power of the
Ombudsman to investigate offenses involving public officers or
employees is not exclusive but is concurrent with other similarly
authorized agencies of the government such as the provincial, city and
state prosecutors has long been settled in several decisions of the
Court. In other words, respondent DOJ Panel is not precluded from
conducting any investigation of cases against public officers involving
violations of penal laws but if the cases fall under the exclusive
jurisdiction of the Sandiganbayan, then respondent Ombudsman may,
in the exercise of its primary jurisdiction take over at any stage.
XX. BAIL
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XXIII. ARRIGNMENT
2. May it be made after the prosecution rested its case? Yes. It has
been held that it may also be considered during trial proper or even
after the prosecution has finished presenting it evidence and rested its
case. It is immaterial that the plea bargaining was not made during the
pre-trial stage or that it was made only after the prosecution already
presented several witnesses (Daan vs. Sandiganbayan, 550 SCRA
233).
4. What are the obligations of the Court when the accused pleaded
guilty to a capital offense? A) The Judge shall conduct searching
inquiry into the voluntariness and comprehension of the plea. B)
Require the prosecution to prove his guilt and the precise degree of
his culpability. C) Allow the accused to present evidence in his behalf
(Section 3, Rule 116).
1. What are the grounds for motion to quash? a) That the facts
charged do not constitute an offense, (NOT WAIVABLE); b) That
the court trying the case has no jurisdiction over the offense charged,
(NOT WAIVABLE); c) That the court trying the case has no
jurisdiction over the person of the accused, (WAIVABLE); d) That
the officer who filed the information had no authority to do so,
(WAIVABLE); e) That it does not conform substantially to the
prescribed form, (WAIVABLE); f) That more than one offense is
charged except when a single punishment for various offenses is
prescribed by law (WAIVABLE); g) That the criminal action or
liability has been extinguished, (NOT WAIVABLE); h) That it
contains averments which, if true, would constitute a legal excuse or
justification, (NOT WAIVABLE); and, i) That the accused has been
previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express
consent, (NOT WAIVABLE). (Section 3, Rule 117).
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5. How to discharge a co-accused to become a state witness: The
prosecution shall file a motion; The motion shall be filed before the
prosecution rests its case (Section 17, Rule 119).
6. What should be the action of the Court? The court shall require
the prosecution to present evidence and the sworn statement of each
proposed witness. The Court shall conduct a hearing in support of the
discharge (Section 17, Rule 119).
10. May the Court motu-propio dismiss the case for lack or
insufficiency of evidence? YES. After the prosecution rests its case,
the court may dismiss the action on the ground of insufficiency of
evidence (1) on its own initiative after giving the prosecution the
opportunity to be heard (Section 23, Rule 119).
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not be reviewable by appeal or by certiorari before judgment (Section
23, Rule 119).
10. If the judgment is for conviction and the failure of the accused to
appear was without justifiable cause, he shall lose the remedies
available in these rules against the judgment and the court shall order
his arrest. Within fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion for leave of
court to avail of these remedies. He shall state the reasons for his
absence at the scheduled promulgation and if he proves that his
absence was for a justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice (Section 6. Rule 120).
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6. How shall examination by the Judge should be conducted? The
judge must, before issuing the warrant, personally examine in the form
of searching questions and answers, in writing and under oath, the
complainant and the witnesses he may produce on facts personally
known to them and attach to the record their sworn statements,
together with the affidavits submitted. (Section 5, Rule 126).
XXIX. EVIDENCE
4. Ong Chia vs. Republic, 328 SCRA 749 - The RTC granted the
petitioner’s petition for naturalization. The CA reversed the decision
on the ground that the RTC admitted evidence which were not
formally offered in evidence in violation of Sec. 34, Rule 132 of the
Rules of Court. According to SC, the rule on formal offer of evidence
is not applicable to petition for naturalization unless applied by
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analogy or in a suppletory character and whenever practicable and
convenient.
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allegations (Lavadia vs. Heirs of Luna, G.R. No. 171914, July 23,
2014).
14. What is the effect of presumption? A party in whose favor the legal
presumption exists may rely on and invoke such legal presumption to
establish a fact in issue. One need not introduced evidence to prove
the fact for a presumption is prima facie proof of the fact presumed
(Diesel Construction vs. UPSI Property, 549 SCRA 12).
16. What is the hierarchy of proof? The following are the hierarchy of
proofs: 1) substantial evidence, 2) preponderance of evidence, 3) clear
and convincing evidence, and 4) proof beyond reasonable doubt.
17. What are the situations where the quantum of proof of clear and
convincing evidence is required? 1. To prove justifying
circumstance (People vs. Abina, GR No. 220146, April 18, 2018).
2. To prove bad faith and fraud (Aliling v. Feliciano, G.R. No. 185829,
April 25, 2012, 671 SCRA 186, 217). 3. To pierce the veil of
corporate fiction (Manila Hotel vs. NLRC, G.R. No. 120077, October 10,
2000). 4. For the successful invocation of the defense of alibi (People
vs. Bation, GR No. 123160, March 24, 1999). 5. To prove jurisdictional
requirements in the reconstitution of a destroyed or lost title (De La
Paz vs. Republic, GR No. 195726, November 20, 2017). 6. In proving
consented search (Villanueva vs. People, November 17, 2014). 7. In
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granting bail in extradition proceedings (Government of Hongkong vs.
Munoz, GR No. 207342, August 17, 2016).
21. There are two (2) civil cases pending between the same parties. One
is being heard by Branch 92. The other one is being heard by Branch
93. Can Branch 92 take judicial notice of the case pending in
Branch 93? ANSWER: A court will take judicial notice of its own
acts and records in the same case (Republic vs. CA, 277 SCRA 633).
22. Suppose the two cases are pending in the same branch, which
is Branch 92, can the Judge take judicial notice of the other case
between the same parties? ANSWER: Courts are not authorized
to take judicial notice of the contents of the records of other cases,
even such cases have been tried or pending in the same court (LBP
vs. Yatco Agricultural Enerprises, Jan. 15, 2014).
23. How can the judge take judicial notice of the case pending in
the same Court? When in the absence of any objection and with the
knowledge of the opposing party, the contents of said other case are
clearly referred to by title and number in a pending action and adopted
and read into the records of the other case; When they are requested
to form part of the record of the other case (Tabuena vs. CA, 196
SCRA 650).
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showing that it was made through palpable mistake or that the
imputed admission was not, in fact, made.
25. Admission during pre-trial in criminal case does not result to judicial
admission if it does not comply with Section 2, Rule 118. Section 2,
Rule 118, Pre-trial agreement. - All agreements or admissions made or
entered during the pre-trial conference shall be reduced in writing and
signed by the accused and counsel, otherwise, they cannot be used
against the accused. The agreements covering the matters referred to
in Section 1 of this Rule shall be approved by the court.
26. How about the stipulations of facts during trial? It is not required
that it be signed the lawyer and the accused. The stipulation of acts is
already contained in the TSN. The lawyer is presumed to have prima
facie authority to make relevant admission by pleadings, by oral or
written stipulation which unless withdrawn are conclusive. (People
vs. Hernandez, 206 SCRA 25; Silot vs. Dela Rosa, 543 SCRA 533).
33. Links in the Chain of Custody. First, the seizure and marking of
the confiscated drugs recovered from the accused; Second, the
turnover of the illegal drug seized by the apprehending officer to the
investigating officer; Third, the turnover by the investigating officer
of the illegal drug to the forensic chemist for laboratory examination;
Fourth, the turnover and submission of the marked illegal drug by the
forensic chemist to the court (People vs. Kamad, 610 SCRA 295).
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circumstances, it is unjust or inequitable to admit the duplicate in lieu
of the original (Section 4(c), Rule 130).
39. Exceptions to original document rule. (a) When the original is lost
or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror; (b)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; (c) 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; (d) When the original is a public record in the custody of a
public officer or is recorded in a public office; and (e) When the
original is not closely related to a controlling issue.
40. Parol evidence. - When the terms of an agreement have been reduced
to writing, it is considered as containing all the terms agreed upon and
there can be, as between the parties and their successors in interest,
no evidence of such terms other than the contents of the written
agreement (Sec. 10, Rule 130).
41. Instances where a party may modify, explain or add to the terms
of written agreement. (a) An intrinsic ambiguity, mistake or
imperfection in the written agreement; (b) The failure of the written
agreement to express the true intent and agreement of the parties
thereto; (c) The validity of the written agreement; or (d) The
existence of other terms agreed to by the parties or their successors
in interest after the execution of the written agreement. PLEASE
TAKE NOTE: Before a party may be allowed to introduce parol
evidence, he or she must put the foregoing issues in a verified
pleading (Section 10, Rule 130).
43. What may be testified to? A witness can testify only to those facts
which he or she knows of his or her personal knowledge; that is, which
are derived from his or her own perception (Section 22, Rule 130).
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45. Before the marriage of H and W, W witnessed H killing Y. W did not
report the incident to the police. Later, H and W got married. They
had falling out. Consequently, W reported the incident she witnessed
when they were still sweethearts. May the prosecution present W
as a witness in a murder case filed against H? ANSWER: Over
the objection of H, the prosecution may not call W to testify against
H. To call W to testify against H while their marriage is still would
violate the marital disqualification rule.
46. Supposed W was called to testify after their marriage had been
annulled, would your answer be the same? My answer would not
be the same. Since the marriage is not anymore existing, the marital
disqualification rule would not apply.
47. May a spouse testify in a trial where the other spouse is a co-
accused? Yes, except as against her husband (People vs. Quitado,
297 SCRA 1).
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54. Exceptions to lawyer-client privilege – (i) Furtherance of crime
or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what
the client knew or reasonably should have known to be a crime or
fraud; (ii) Claimants through same deceased client. As to a
communication relevant to an issue between parties who claim
through the same deceased client, regardless of whether the claims are
by testate or intestate or by inter vivos transaction; (iii) Breach of
duty by lawyer or client. As to a communication relevant to an issue
of breach of duty by the lawyer to his or her client, or by the client to
his or her lawyer; (iv) Document attested by the lawyer. As to a
communication relevant to an issue concerning an attested document
to which the lawyer is an attesting witness; or (v) Joint clients. As to
a communication relevant to a matter of common interest between
two or more clients if the communication was made by any of them
to a lawyer retained or consulted in common, when offered in an
action between any of the clients, unless they have expressly agreed
otherwise (Section 24(b), Rule 130).
59. Two branches of res inter alios acta. First Branch - The rights of
a party cannot be prejudiced by an act, declaration or omission of
another (Sec. 28, Rule 130). Second Branch - The evidence of
previous conduct or similar acts at one time is not admissible to prove
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that one did or did not do the same at another time (Sec. 34, Rule
130).
61. Is this applicable to judicial admission? No. because res inter alios
acta is applicable only to extra-judicial admission but it does not cover
judicial admission because of the other accused has the opportunity
to cross-examine. (Yapyuco vs. Sandiganbayan, 674 SCRA 420).
62. Exception to res inter alios acta: Section 30. Admission by co-
partner or agent. — The act or declaration of a partner or agent
authorized by the party to make a statement concerning the
subject, or within the scope of his or her authority, and during the
existence of the partnership or agency, may be given in evidence
against such party after the partnership or agency is shown by
evidence other than such act or declaration. The same rule applies to
the act or declaration of a joint owner, joint debtor, or other person
jointly interested with the party. (Rule 130).
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67. Hearsay rule: Section 37. Hearsay. – Hearsay is a statement other
than one made by the declarant while testifying at a trial or hearing,
offered to prove the truth of the facts asserted therein. A statement is
(1) an oral or written assertion or (2) a non-verbal conduct of a person
if it is intended by him or her as an assertion. Hearsay evidence is
inadmissible except as otherwise provided in these Rule (Rule 130).
NOTE: There are two personalities in hearsay: the declarant
and the witness. The witness will testify on the declaration of the
declarant and the purpose of the testimony of the witness is to
prove the truth of the matters asserted in the declaration. That
would make the testimony of the witness hearsay.
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72. Exception to hearsay. RULE 130, Section 40. – Declaration against
interest. - The declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact asserted in the
declaration was at the time it was made so far contrary to the
declarant's own interest that a reasonable person in his or her
position would not have made the declaration unless he or she
believed it to be true, may be received in evidence against himself or
herself or his or her successors in interest and against third persons.
A statement tending to expose the declarant to criminal liability
and offered to exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the
trustworthiness of the statement.
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accompanying an equivocal act material to the issue, and giving it a
legal significance, may be received as part of the res gestae.
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82. Exception to hearsay. RULE 130, Section 49. – Testimony or
deposition at a former proceeding. –The testimony or deposition
of a witness deceased or out of the Philippines or who cannot, with
due diligence, be found therein, or is unavailable or otherwise
unable to testify, given in a former case or proceeding, judicial or
administrative, involving the same parties and subject matter, may be
given in evidence against the adverse party who had the opportunity
to cross-examine him or her.
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2. Are the rules in ordinary civil action applicable in special
proceedings? Yes, but only in the absence of applicable procedure
(Section 2, Rule 72).
8. May the probate court pass upon the title of the property with
finality? IT MAY. The probate court may pass upon the issue of
ownership where the interested parties are the heirs who have all
appeared in the proceeding and the rights of third parties are not
impaired (Munsayac-De Villa vs. CA, October 24, 2003).
10. What are the claims that must be filed in the settlement of estate
of the deceased? Section 5. Claims which must be filed under the notice. If
not filed, barred; exceptions. — All claims for money against the decedent,
arising from contract, express or implied, whether the same be due,
not due, or contingent, all claims for funeral expenses and expense for
the last sickness of the decedent, and judgment for money against the
decedent, must be filed within the time limited in the notice; otherwise
they are barred forever, except that they may be set forth as
counterclaims in any action that the executor or administrator may
bring against the claimants.
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12. To whom shall the remedy of amparo available? Available to any
person whose right to life, liberty and security is violated or threatened
with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity. The writ shall cover
extralegal killings and enforced disappearances or threats thereof
(Section 1, Rule on Amparo). NOTE: Writ of amparo is not the
proper remedy if there is no government participation.
14. What is writ of habeas data? 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 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
(Section 1, Rule on Habeas Data).
15. Ilagan and Lee were live-in-partners. Lee was able to obtain the
digital camera of Ilagan. Lee found a sex video in it. Lee
confronted Ilagan about it but the latter demanded for the return
of his digital camera. Lee refused. Consequently, Ilagan banged
Lee’s head against the wall. Lee filed a criminal case for
violation of RA 9262. Still, Ilagan is demanding for the return of
the digital camera. Lee refused. Ilagan filed a petition for habeas
data against Lee to compel Lee to produce the camera, as well
as the negative and reproductions thereof. Will the petition
prosper? NO. As defined in Section 1 of the Habeas Data Rule, the
writ of habeas data now stands as "a remedy available to any person
whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the person,
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family, home, and correspondence of the aggrieved party. Thus, in
order to support a petition for the issuance of such writ, Section 6 of
the Habeas Data Rule essentially requires that the petition sufficiently
alleges, among others, "[t]he manner the right to privacy is violated or
threatened and how it affects the right to life, liberty or security of the
aggrieved party." In other words, the petition must adequately show that there
exists a nexus between the right to privacy on the one hand, and the right to life,
liberty or security on the other (Lee vs. Ilagan, October 8, 2014).
19. Where to file? The petition shall be filed with the Supreme Court or
with any of the stations of the Court of Appeals (Section 3, Rule).
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.
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