BLUE NOTES RemEthics Compressed

ATENEO CENTRAL
BAR RAYI
ATENEO LAW SCHOOL
DEAN JOSE MARIA G. HOFILEÑA

Dean
DEAN MA. NGINA TERESA V. CHAN-GONZAGA

Associate Dean for Academic Affairs
ATENEO CENTRAL BAR OPERATIONS 2021
GRACE ANN Q. BAJO

TIMOTHY JACOB J. PALAFOX
Chairpersons
GRACE ANN Q. BAJO (Interim)
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO
ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
Administrative Committee Heads Academic Committee Heads
MELISSA GABRIELLE P. REMULLA MA. CRISTINA S. ASUNCION

FREEDOM JUSTIN B. HERNANDEZ CARLOS ROSAURO N. MANALO
Administrative Committee Understudies Academic Committee Understudies
PRE-WEEK CORE TEAM
JOANNE MARIE R. VALLES

MARIA EON G. PENAFIEL
JENWIN ELLA M. BACCAY
The Law Pertaining to Private Personal
and Commercial Relations & Procedure
and Professional Ethics
THE LAW PERTAINING TO PRIVATE PERSONAL AND
COMMERCIAL RELATIONS
PROCEDURE AND PROFESSIONAL ETHICS (formerly Civil Law and Commercial Law)
(formerly Remedial Law, Legal Ethics, and Practical Exercises)
FACULTY ADVISERS
FACULTY ADVISERS DEAN CYNTHIA R. DEL CASTILLO DEAN JOSE MARIA G. HOFILEÑA
DEAN MELENCIO S. STA. MARIA, JR. DEAN FERDINAND M. NEGRE
JUSTICE MAGDANGAL M. DE LEON ATTY. TANYA KARINA A. LAT ATTY. AMPARITA S. STA. MARIA ATTY. ELMORE O. CAPULE
ATTY. AXEL RUPERT M. CRUZ ATTY. KLARISE ANNE C. ESTORNINOS-CAJUCOM ATTY. DAN KEVIN C. MANDOCDOC ATTY. IVY D. PATDU
ATTY. ERDELYNE C. GO ATTY. OSCAR CARLO F. CAJUCOM ATTY. DANIEL NICHOLAS C. DARVIN ATTY. TAKAHIRO KENJIE C. AMAN
ATTY. CARLOS ROBERTO Z. LOPEZ ATTY. MARIA PATRICIA R. CERVANTES-POCO ATTY. TERESA S. VILLANUEVA-TIANSAY ATTY. CHRISTINE JOY K. TAN
ATTY. EUGENIO H. VILLAREAL ATTY. RICHIE AVIGALE R. PILARES ATTY. ROEL A. REFRAN ATTY. ROEL A. REFRAN
ATTY. GEORGE S.D. AQUINO ATTY. RICARDO M. PILARES III ATTY. VIVENCIO F. ABAÑO ATTY. FRANCIS JOSEPH H. AMPIL
ATTY. FRANCISCO ED. LIM ATTY. CHRISTINE JOY K. TAN Commercial Law
Ethics / Practical Exercises
Remedial Law ATTY. JESS RAYMUND M. LOPEZ
ATTY. FRANCIS JOSEPH H. AMPIL
Civil Law
SUBJECT HEADS
SUBJECT HEADS
JAMES DON S. DIZON JOANNE MARIE R. VALLES (Head) JONAH MAE M. SAMPANG
JAMES PATRICK L. URQUIOLA KARLA NIZZA BUTIU MARK JOSE P. VIVIT
JAIMS GABRIEL L. ORENCIA KAYE DOMINIQUE TONO CARLO ANTON J. DEL MUNDO
LESLIELYN L. NGO ANGELICO J. CALDOZO SIEGFRED G. PEREZ
Remedial Law MA. KRISTINA LOPEZ DE LEON ALIYAH ROSH DY
PIERRE GEOFFREY L. MACALINO DIANNE P. MULINGTAPANG
PRAMELA D. MENGHRAJANI GE-AN KATHLEENA SALUD MART AMIEL J. LAFORTEZA
Legal & Judicial Ethics BIANCA GEORGIA T. PALOMA TIMOTHY JACOB J. PALAFOX
JESSE BRIAN B. LUI TALISA MARI D. DELA ROSA
MA. VERONICA S. PINE ANNA YSABELLE A. VELUZ
BRIAN KELVIN V. PINEDA
Legal Forms JIM MATTHEW O. HAM
IRISH SELENE S. AQUINO
Civil Law Commercial Law
UNDERSTUDIES
UNDERSTUDIES
LOUIE EMMANUEL G. PAGTAKHAN ANNE HILLARY PAULINE VILLENA
STEFFI GAYLE C. BULLECER Legal & Judicial Ethics MARIA EON G. PENAFIEL JOHN DENNHEL Y. CRUZ ISABELLE BEATRIZ DLS. GINEZ
STEFFI MARTINA S. VALLE JAXYNNE ALEIX ALCALA RODRICH REY S. REBOLLOS LESLIE ANNE M. CASTILLO
JENWIN ELLA M. BACCAY LEA TIFFANY O. LAOHOO MARTIN GERARD T. ERA JANINE THERESE CLAIRE P. ESPIRITU RIVER M. GADDI
Remedial Law Legal Forms NORLENE JAE M. ANDAYA ANTHONY JEFFERSON Y. JULIO ANGELIE MARIE PINTOR
JAZZMIN A. BENJAMIN JENNIKA C. CHUA AUBREYLAINE M. SALAZAR
JEWEL M. CULALA JESSA ANGELICA A. LAT JASMINE R. BRIONES
SERMAE ANGELA PASCUAL KARISSA MARIEL S. ENRIQUEZ IRISH MAE GARCIA
Civil Law Civil Law LUIS TEODORO B. PASCUA
JAYE MARIE C. MARTINEZ
Commercial Law
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ATENEO CENTRAL
BAR OPERATIONS 2021
TABLE OF CONTENTS
C. THE LAW PERTAINING TO PRIVATE PERSONAL AND COMMERCIAL
RELATIONS................................................................................................................... 2
A. CIVIL LAW ............................................................................................................................3
1. LEGAL PERSONALITY, CAPACITY TO ACT .................................................................................. 3
2. MARITAL RELATIONSHIPS ............................................................................................................ 4
3. PROPERTY .................................................................................................................................... 10
4. OBLIGATIONS ............................................................................................................................... 41
5. CONTRACTS ................................................................................................................................. 49 THE LAW PERTAINING TO
PRIVATE PERSONAL AND
6. TORTS, QUASI-DELICTS .............................................................................................................. 65
7. DAMAGES...................................................................................................................................... 71
B. COMMERCIAL LAW ......................................................................................................... 74

1. CORPORATIONS .......................................................................................................................... 74
2. INTRA-CORPORATE DISPUTE .................................................................................................... 91
3. INTELLECTUAL PROPERTY ........................................................................................................ 92
COMMERCIAL RELATIONS
4. INSURANCE .................................................................................................................................. 95
5. DATA PRIVACY ACT OF 2012 ...................................................................................................... 98
D. PROCEDURE AND PROFESSIONAL ETHICS ..................................................... 106

A. REMEDIAL LAW ..............................................................................................................107 formerly Civil Law and
Commercial Law
1. CIVIL PROCEDURE ..................................................................................................................... 107
2. CRIMINAL PROCEDURE ............................................................................................................ 141
3. APPEAL (RULES 41 & 45) ........................................................................................................... 168
4. ANNULMENT OF JUDGMENTS (RULE 47) ................................................................................ 172
5. SMALL CLAIMS ........................................................................................................................... 172
6. EVIDENCE ................................................................................................................................... 173
7. SPECIAL CIVIL ACTIONS ........................................................................................................... 205
8. SPECIAL PROCEEDINGS ........................................................................................................... 208
B. ETHICS .............................................................................................................................231
1. QUALIFICATIONS FOR NEW LAWYERS ................................................................................... 231
2. CODE OF PROFESSIONAL RESPONSIBILITY .......................................................................... 232
3. DISQUALIFICATION / INHIBITIONS FOR JUDGES ................................................................... 243
4. DIRECT AND INDIRECT CONTEMPT......................................................................................... 244
C. PRACTICAL EXERCISES ................................................................................................246

1. PARTS OF CONVEYANCING, AFFIDAVITS ............................................................................... 246
2. PARTS OF PLEADINGS, MOTIONS ........................................................................................... 256
The Law Pertaining to Private Personal and Commercial Relations vi

Procedure and Professional Ethics
ATENEO CENTRAL ATENEO CENTRAL
BAR OPERATIONS 2021 BAR OPERATIONS 2021
C. THE LAW PERTAINING TO PRIVATE PERSONAL AND COMMERCIAL RELATIONS A. CIVIL LAW 1. LEGAL PERSONALITY, CAPACITY
TO ACT
TOPIC OUTLINE UNDER THE SYLLABUS: TOPIC OUTLINE UNDER THE SYLLABUS:
Q: When does personality begin?
A. CIVIL LAW A. CIVIL LAW A: Personality is determined by birth; extinguished
1. Legal personality, capacity to act by death but commences from conception (P.D.
1. Legal personality, capacity to act
2. Marital relationships 603, amending Art. 40).
2. Marital relationships
3. Property
3. Property a. Concept of property The conceived child shall be considered born for
a. Concept of property b. Ownership all purposes favorable to it (provisional
b. Ownership c. Co-ownership personality), provided it be born later under the
c. Co-ownership d. Right of accession following conditions:
d. Right of accession e. Easement • If it had an intra-uterine life of 7 months or
f. Nuisance more, it is alive at the time it is completely
e. Easement & Possession
4. Obligations delivered from the mother’s womb
i. Possession 5. Contracts • If it had an intra-uterine life of less than 7
ii. Easement a. In general months, only if it lives for at least 24 hours
f. Nuisance & Modes of Acquiring Ownership b. Loans and mortgages after its complete delivery from maternal
i. Nuisance c. Interest womb (Civil Code, Art. 41)
ii. Modes of Acquiring Ownership 6. Torts, quasi-delicts
4. Obligations 7. Damages Q: Who are juridical persons (Civil Code, Art.
5. Contracts 44)?
A:
a. In general
1. The State and its political subdivisions
b. Loans and mortgages
2. Other corporations, institutions, and
c. Interest
entities for public interest or purpose
6. Torts, Quasi-delicts
created by law
7. Damages 3. Corporations, partnerships, and
associations for private interest or
B. COMMERCIAL LAW purpose
1. Corporations
a. Kinds of corporations, including corporations sole Q: What laws govern Juridical Persons? (Civil
b. Composition of/membership in board of directors Code, Art. 45):
1. The State, its political subdivisions,
c. Powers, duties, and prerogatives of boards of directors and stockholders and corporations, institutions, and
d. Articles of incorporation entities for public interest or purpose:
e. By-laws governed by the laws creating or
2. Intra -corporate dispute (concept) recognizing them.
3. Intellectual property 2. Private corporations: governed by the
a. Copyright Revised Corp. Code (R.A. 11232)
3. Partnerships and associations: governed
b. Fair use principle
by the provisions of the New Civil Code on
c. Moral and economic rights partnerships, except those registered with
4. Insurance the SEC which should be governed like
a. What can be insured corporations
b. Claims for life insurance
5. Data Privacy Act of 2012 (Republic Act No. 10173) Q: What are the rights of a Juridical Person?
(Civil Code, Art. 46)
a. Personal vs. sensitive personal information 1. Acquire and possess property of all kinds
b. Scope 2. Incur obligations
c. Processing of personal information 3. Bring civil or criminal actions
d. Rights of the data subject
The Law Pertaining to Private Personal and Commercial Relations Page 2 of 269 The Law Pertaining to Private Personal and Commercial Relations Page 3 of 269
Procedure and Professional Ethics Procedure and Professional Ethics
Q: What are the differences between Juridical 2. MARITAL RELATIONSHIPS b. Between passengers or crew authenticated by the Philippine Consul in
Capacity and Capacity to Act? (Civil Code, Art. members; and Japan as required by Sections 24 and 25 of
37) Q: What are the essential requisites of c. While the ship is at sea or the Rule 132. Is the RTC correct?
A: marriage? plane is in flight and also during A: Yes. In order for a divorce obtained abroad by
A: Legal capacity of the contracting parties who stopover at ports of call the alien spouse to be recognized in our
JURIDICAL CAPACITY TO ACT
CAPACITY must be a male and a female; and Consent freely 4. Military Commander of a unit to which a jurisdiction, our law on evidence requires that both
given in the presence of the solemnizing officer chaplain is assigned; the divorce decree and the national law of the alien
Fitness to be the subject Power to do acts with (Family Code, Art. 2). a. Chaplain is absent at the time of must be alleged and proven like any other fact.
of legal relations legal effect marriage; This means that the foreign judgment and its
Q: What are the formal requisites of marriage? b. During military operations; authenticity must be proven as facts under our
Passive Active A: c. Must be one in articulo mortis; rules on evidence, together with the alien's
1. Authority of solemnizing officer; and applicable national law to show the effect of the
Inherent Not inherent; attained or d. Between persons within the zone judgment on the alien himself or herself. (Medina
2. Valid marriage License (except in cases
conferred of military operations or whether v. Koike, G.R. No. 215723, 2016).
where a marriage license is not required);
a. Valid only for 120 days from issue members of the armed forces or
Lost only through death Lost through death and civilians Q: X was married to Y, a Japanese citizen. X
other causes in any part of the Philippines
3. Marriage Ceremony where the contracting 5. Consul-general, consul, or vice-consul and Y submitted a “Divorce by Agreement” in
Can exist without Cannot exist without parties appear before the solemnizing between Filipino citizens abroad (Family Japan, which was eventually approved. Thus,
capacity to act juridical capacity officer, with their personal declaration that Code, Art. 7). X filed a petition for recognition of the divorce
they take each other as husband and wife decree before the RTC, which denied X’s
Cannot be limited or Can be restricted, in the presence of not less than two Q: What is the concept of Lex Loci petition, invoking the nationality principle
restricted modified, or limited witnesses of legal age (Family Code, Art. Celebrationis? under Article 26(2) of the FC. The decision was
4). A: All marriages solemnized outside the grounded on the fact that X admittedly initiated
Philippines, in accordance with the laws in force in the divorce proceedings and since X is a
Q: What are the restrictions on Capacity to the country where they were solemnized, and valid Filipino citizen whose national laws do not
Act? (MInD-ICIP) Q: Will the irregularity in the formal requisites
affect the validity of the marriage? there as such, shall also be valid in this country. allow divorce, then the divorce decree
A: obtained in Japan is not binding in the
1. Minority A: No. An irregularity in the formal requisites (i.e.
authority of solemnizing officer, marriage license, EXCEPTIONS: If the marriage is contracted by Philippines. Is the RTC correct?
2. Insanity any party below 18, or if the marriage is A: No. Pursuant to Republic v. Manalo, foreign
3. State of being Deaf-mute marriage ceremony) shall not affect the validity of
the marriage. incestuous, bigamous or polygamous; or is against divorce decrees obtained to nullify marriages
4. Imbecility public policy; or involves a mistake in identity; or is between a Filipino and an alien citizen may
5. Civil Interdiction a subsequent marriage that is void under Art. 53; already be recognized in this jurisdiction,
6. Prodigality - state of squandering money NOTE: The party responsible for the irregularity
shall, however, be civilly, criminally, and or is void because of psychological incapacity, regardless of who between the spouses initiated
or property with a morbid desire to such marriage is void even if the country where it the divorce; provided, of course, that the party
prejudice the heirs of a person (Martinez administratively liable (Family Code, Art. 4).
is celebrated considers the same valid (Family petitioning for the recognition of such foreign
v. Martinez, G.R. No. 445, 1902) Code, Art. 26). Only the formal requisites on who divorce decree — presumably the Filipino citizen
Q: Who are authorized to solemnize a
marriage? are authorized to solemnize marriages, and the — must prove the divorce as a fact and
NOTE: But these do not exempt the incapacitated kind of ceremony to be performed are waived by demonstrate its conformity to the foreign law
person from certain obligations. A:
1. Incumbent member of the Judiciary (judge Art. 26. BUT there should still be a solemnizing allowing it. In this case, X has yet to prove the fact
– within the court’s jurisdiction; Justices – officer and a rite of solemnization, even if of her "Divorce by Agreement" obtained in Japan,
Q: What circumstances modify or limit performed abroad. in conformity with prevailing Japanese laws on
Capacity to Act? (FAT-DA-PAPIII) within Philippine territory)
2. Any Priest, rabbi, imam or the minister of divorce. (Morisono v. Morisono, G.R. No. 226013,
A: Q: X, a Filipino citizen, married Y, a Japanese 2018.)
1. Family relations any church or religious sect
a. Registered with the civil registrar national. Subsequently, pursuant to the laws of
2. Alienage Japan, they were divorced. X filed a petition for Q: There are certain marriages where the
3. Trusteeship general;
b. Within limits of the written judicial recognition of foreign divorce and requirement of a marriage license is not
4. State of being Deaf-mute declaration of capacity to remarry. X presented required. What are these marriages?
5. Age authority of the church or sect;
and several foreign documents, including a duly A:
6. Penalty authenticated Divorce Certificate and two 1. Art. 27 - Where either or both of the
7. Absence c. At least one of the contracting
parties belongs to the church or books on the Civil Code of Japan for years contracting parties are at the point of
8. Prodigality 2000 and 2009. The RTC denied X’s petition, death (marriage in articulo mortis)
9. Insanity religious sect.
3. Ship Captain or airplane chief ruling that X fell short of proving the national 2. Art. 28 - Where the residence of either
10. Insolvency law, particularly on divorce, of Y. It observed party is so located that there is no means
11. Imbecility (Civil Code, Art. 39) a. At least one of the parties is in
articulo mortis; that the books presented were not duly of transportation to enable such party to
appear personally before the local civil declared psychologically incapacitated, because consecutive years if the disappearance Q: What is the proper remedy for a judicial
registrar (marriage in a remote place) what is important is the presence of the totality of occurred where there is danger of death declaration of presumptive death obtained
3. Art. 33 - Marriage among Muslims or evidence that can sustain a finding of under the circumstances laid down in through extrinsic fraud?
among members of the ethnic cultural psychological incapacity. Further, in the Tan- Article 391 of the Civil Code; A: The proper remedy is an action to annul the
communities; if solemnized in accordance Andal case, the court ruled that psychological 2. That the present spouse wishes to judgment. In case a judicial declaration of
with their customs, rites or practices. incapacity is neither a mental illness nor a Remarry; presumptive death was obtained by extrinsic fraud
4. Art. 34 - Marriage of a man and a woman personality disorder that needs to be proven 3. That the present spouse has a well- wherein the person declared presumptively dead
who have lived together as husband and through expert opinion. founded Belief that the absentee is dead; has never been absent, for the purpose of not only
wife for at least 5 years and without legal and terminating the subsequent marriage but also of
impediment to marry each other (5-Year Q: Under Tan-Andal v. Andal, G.R. No. 196359, 4. That the present spouse Files a summary nullifying the effects of the declaration of
Cohabitation Rule). 2021), how is psychological incapacity proceeding for the declaration of presumptive death and the subsequent marriage,
described? presumptive death of the absentee. mere filing of an affidavit of reappearance would
Q: What kind of psychological incapacity is A: Psychological incapacity consists of clear acts (Republic vs Sareñogon, G.R. No. not suffice. (Santos v. Santos, G.R. No. 187061,
contemplated under Article 36? of dysfunctionality that show a lack of 199194, 2016 (citing Republic v. Cantor, 2014)
A: The psychological incapacity contemplated in understanding and concomitant compliance with G.R. No. 184621, 2013).
Article 36 of the Family Code is incurable, not in one's essential marital obligations due to psychic Q: What are the conditions for the termination
the medical, but in the legal sense; hence, the third causes. It is neither a medical illness nor a Q: X and Y were married. Y, a member of the of a subsequent marriage by reappearance of
Molina guideline is amended accordingly. This personality disorder. The decision also affirmed AFP, left X and went to Sulu where he was the former spouse?
means that the incapacity is so enduring and that juridical antecedence must still be established assigned. Since then, X heard no news from Y. A: It is subject to the following conditions: (1) the
persistent with respect to a specific partner, and and that the incapacity is relative to the other After 33 years without communication and non-existence of a judgment annulling the
contemplates a situation where the couple's spouse. The quantum of proof should be clear and trying everything to locate him such as asking previous marriage or declaring it void ab initio; (2)
respective personality structures are so convincing evidence. his parents, relatives, and neighbors about his recording in the civil registry of the residence of the
incompatible and antagonistic that the only result whereabouts, and with the firm belief that he is parties to the subsequent marriage of the sworn
of the union would be the inevitable and Q: X and Y were married in 1972. Then Y already dead, X filed a petition to declare him statement of fact and circumstances of
irreparable breakdown of the marriage. "[A]n married Z in 1979. Z filed a declaration of nullity presumptively dead for purposes of reappearance; (3) due notice to the spouses of the
undeniable pattern of such persisting failure [to be of marriage against Y on the ground of bigamy. remarriage. RTC and CA granted the petition subsequent marriage of the fact of reappearance;
a present, loving, faithful, respectful, and Meanwhile, Y was able to secure a judgment ruling that X exerted efforts to find Y. The lapse and (4) the fact of reappearance must either be
supportive spouse] must be established so as to declaring the 1972 marriage void due to the of 33 years coupled with the fact that Y was undisputed or judicially determined. (Santos v.
demonstrate that there is indeed a psychological absence of a marriage license. Will Z’s petition sent on a combat mission to Jolo, Sulu gave Santos, G.R. No. 187061, 2014)
anomaly or incongruity in the spouse relative to the for declaration of nullity of marriage against Y rise to X’s well-founded belief that Y was dead.
other." (Tan-Andal v. Andal, G.R. No. 196359, prosper? Is the CA correct? Q: What are the prescriptive periods for filing
2021) A: No, the requirement of a judicial decree of A: No. There are 4 requisites for the absent an action for annulment?
nullity of a void marriage before contracting a spouse to be declared presumptively dead under A:
Q: When must psychological incapacity subsequent one does not apply to marriages that Art. 41; (1) absent spouse missing for 4 1. Within 5 years after attaining the age of 21
manifest to be a ground for termination of were celebrated before the effectivity of the Family consecutive years or 2 consecutive years if the for party whose parent did not give
marriage? Code, particularly if the children of the parties were disappearance occurred where there is danger of consent or before the contracting party
A: Art. 36 provides that psychological incapacity born while the Civil Code was in force. The first death under circumstances in Art. 391 of CC, (2) reaches 21 for the parent, guardian, or the
must appear at the time of the celebration of the marriage of Y being void for lack of license, there that the present spouse wishes to remarry, (3) that person having substitute parental
marriage, even if such incapacity becomes was no need for judicial declaration of its nullity present spouse has well-founded belief that authority, if the marriage was solemnized
manifest only after its solemnization. All grounds before he could contract the second marriage with absentee is dead, and (4) present spouse filed a where one of the contracting parties is 18
of void marriages (nullity) must exist at the time of Z. Hence, the second marriage to Z is valid. summary proceeding for the declaration of or over but below 21 without consent of
the celebration of the marriage. The same rule for Neither can Y be held liable for bigamy. Moreover, presumptive death of absentee. Under the third parents, guardian, or the person having
voidable (annulment) marriages under Art. 45. the provisions of the Family Code cannot be requisite, the present spouse has to prove that substitute parental authority.
retroactively applied to the present case, for to do his/her belief was the result of diligent and 2. Any time before death of either party or
Q: In a case for declaration of nullity of so would prejudice the vested rights of Y under the reasonable efforts to locate the absent spouse. X’s during lucid interval or after gaining sanity
marriage under Art. 36, the Court denied the Civil Code. (Castillo v. De Leon-Castillo, G.R. No. efforts do not suffice. This is because she could if the ground is UNSOUND MIND
petition on the ground that the expert opinions 189607, 2016) have called AFP headquarters to request 3. Within 5 years after the discovery of
on the psychological incapacity of the wife was information about her husband, but failed to do so. FRAUD
solely based on the husband’s version of the Q: What are the essential requisites for the Therefore, X’s efforts failed to satisfy the degree of 4. Within 5 years from the time the
events. Is there a requirement of personal declaration of presumptive death under Art. diligence required to create “a well-founded belief” intimidation or undue influence
examination to declare a spouse as 41? (MR-BF) of his death. Also, her testimony as to her efforts disappeared or ceased if the ground is
psychologically incapacitated? A: were not corroborated by any additional witness VITIATION OF CONSENT (i.e. force,
A: No. There is no requirement for one to be 1. That the absent spouse has been Missing nor were the resource persons named. (Republic intimidation and undue influence)
personally examined by a physician, in order to be for four consecutive years, or two v. Tampus, G.R. No. 214243, 2016.) 5. Within 5 years after the celebration of
marriage if the ground is IMPOTENCE or • Closed remedy (prescription). Q: What are the exclusive properties of notary public should not facilitate the disintegration
STD which is found to be serious and spouses in a Conjugal Partnership of Gains? of a marriage and the family. In so doing a notary
appears incurable (Family Code, Art. 47). Q: What governs property relations between (OGRE) public may be held accountable administratively
spouses? A: (Rodolfo Espinoso v. Juliet Omana, A.C. 9081,
Q: What are the grounds for legal separation A: The future spouses may, in the marriage 1. That which is brought to the marriage as 2011).
A: The grounds are: settlements, agree upon the regime of absolute his or her Own;
a. Repeated physical violence or grossly community, conjugal partnership of gains, 2. That which each acquires during the Q: When A and B married, they chose conjugal
abusive conduct directed against complete separation of property, or any other marriage by Gratuitous title; partnership of gains to govern their property
petitioner, a common child or a child of regime. In the absence of a marriage settlement, 3. That which is acquired by right of relations. After 3 years, B succeeded in getting
the petitioner or when the regime agreed upon is void, the Redemption, by barter or by exchange her marriage to A declared null and void on
b. Physical violence or moral pressure to system of absolute community of property as with property belonging to only one of the ground of the latter’s psychological incapacity.
compel the petitioner to change religious established in this Code shall govern. (Family spouses; and What liquidation procedure will they follow in
or political affiliation Code, Art. 75) 4. That which is purchased with Exclusive disposing of their assets?
c. Attempt of respondent to corrupt or induce money or wife of the husband (Family A: Their properties will be liquidated according to
the petitioner, a common child, or a child NOTE: Prior to the effectivity of the Family Code Code, Art. 109). Art. 147. When a man and a woman who are
of the petitioner, to engage in prostitution, on August 3, 1988, the system of conjugal capacitated to marry each other, live exclusively
or connivance in such corruption or partnership of gains governed the property Q: Solomon sold his coconut plantation to with each other as husband and wife without the
inducement relations of husband and wife. Aragon, Inc. for P100 million, payable in benefit of marriage or under a void marriage, their
d. Final judgment sentencing respondent to installments of P10 million per month with 6% wages and salaries shall be owned by them in
imprisonment of more than 6 years (even Q: What are the requisites for the interest per annum. In the meantime, Solomon equal shares and the property acquired by both of
if pardoned) enforceability of marriage settlements? (WSB- married Lorna and they chose the regime of them through their work or industry shall be
e. Drug Addiction or habitual alcoholism TC-CR) conjugal partnership of gains to govern their governed by the rules on co-ownership (Family
f. Lesbianism or homosexuality A: property relations in their ante-nuptial Code, Art.147).
g. Subsequent bigamous marriage 1. In Writing agreement. To whom will Aragon’s monthly
h. Sexual Infidelity or perversion 2. Signed by the parties installment payments go after the marriage? Q: In the property relations based on Art. 148,
i. Attempt by respondent against the life of 3. Executed Before the celebration of A: The principal shall go to Solomon while the is there a presumption that the contributions
the petitioner marriage interests go to the conjugal partnership. The fruits, to the property between the man and woman
j. Abandonment for more than 1 year 4. To fix the Terms and conditions of their natural, industrial, or civil, due or received during are equal?
without justifiable cause (Family Code, property relations the marriage from the common property, as well A: This presumption will only apply if there is proof
Art. 55). 5. If the party executing the settlement is as the net fruits from the exclusive property of of actual contribution from both parties and the
under Civil interdiction or any other each spouse are included in the conjugal share of each is unknown or not proven. Art. 148
Q: When does an action for legal separation disability, the guardian appointed by the partnership properties (Family Code, Art. 117(3)). states that in the absence of proof to the contrary,
prescribe? court must be made a party to the the contribution of the partners and corresponding
A: After five years from the time of the occurrence settlement Q: When may a spouse assume sole powers of shares are presumed to be equal. Before this
of the cause (Family Code, Art. 57). The time of 6. Registration (to bind 3rd persons) (Family administration? presumption can apply, there must be actual proof
discovery of the ground for legal separation is not Code, Art. 77). A: Only in the event that one spouse is of contribution first from both parties.
material in the counting of the prescriptive period incapacitated or otherwise unable to participate in
(STA. MARIA, Persons and Family Relations Law Q: What constitutes Conjugal Partnership of the administration of the conjugal properties.
366, 2010). Gains? (FOLCHIC) These powers do not include disposition or
A: encumbrance without authority of the court or the
Q: Who has the power to fix the family 1. Fruits of conjugal property due or received written consent of the other spouse.
domicile? during the marriage and net fruits of
A: Both the husband and the wife. In case of separate property NOTE: In the absence of such authority or
disagreement, however, the court shall decide. 2. Those acquired through Occupation consent, the disposition or encumbrance shall be
(Family Code, Art. 69). 3. Livestock in excess of what was brought void, but may be perfected as a binding contract
to the marriage upon the acceptance by the other spouse or
Q: What are the grounds for court denial of legal 4. Those acquired during the marriage with authorization by the court before the offer is
separation? Conjugal funds withdrawn. (Family Code, Art. 124).
A: Remember the Cs: 5. Share in Hidden treasure
• Condonation, 6. Those obtained from labor, Industry, work Q: Can an extrajudicial dissolution of the
• Consent, or profession of either or both spouse conjugal partnership without judicial approval
• Connivance, 7. Those acquired by Chance (Family Code, be valid?
• Collusion, Art. 117). A: An extrajudicial dissolution of the conjugal
• Co-guilt (both gave grounds for L/S) and partnership without judicial approval is void. A
3. PROPERTY places are included; (immovable by A: No, the law does not distinguish. (Civil Code, to the land, and forming a permanent part of it
incorporation) Art. 415(3)) (Civil Code, Art. 415(6))
a. CONCEPT OF PROPERTY 7. Fertilizer actually used on a piece of land;
(immovable by destination) Q: In Art. 415 (4), is it relevant who places the Q: Are mines, quarries and slag dumps
Q: What is a property? 8. Mines, quarries, and slag dumps, while the statues, reliefs, paintings or other objects for immovable properties in whatever form and in
A: All things which are or may be the object of matter thereof forms part of the bed, and waters use or ornamentation? whatever stage they are in?
appropriation (Civil Code, Art. 414) either running or stagnant; (immovable by A: Yes, the law provides that it must be placed in A: No, the law states that they are only considered
nature) buildings or on lands by the owner of the immovable if they form part of the bed. (Civil Code,
Q: In general, what are the kinds of property? 9. Docks and structures which, though floating, immovable. (Civil Code, Art. 415(4)) Art. 415(8))
A: Immovable/Real Property, and are intended by their nature and object to
Movable/Personal Property (Civil Code, Art. 414) remain at a fixed place on a river, lake, or coast; Q: In Art. 415 (4), is the intention of the person Q: Are submarine cables and electric
(immovable by destination) who places the statues, reliefs, paintings or transmission lines immovable or movable
Q: Can parties agree that a particular property 10. Contracts for public works, and servitudes and other objects for use or ornamentation properties?
shall be considered movable even though it is other real rights over immovable property. relevant? A: Immovable properties. The Supreme Court
really immovable; and vice versa? (immovable by analogy/law) (Civil Code, Art. A: Yes, the law provides that it must be placed in made a determination of the nature of submarine
A: Yes, but this will only bind the contracting 415) such a manner that it reveals the intention to and undersea cables as immovable properties and
parties based on the principle of estoppel. Third attach them permanently to the tenements (Civil therefore subject to realty tax. (Capitol Wireless
persons acting in good faith are not bound by the Q: In Art. 415 (1), is it relevant who places the Code, Art. 415(4)). Inc. v. Provincial Treasurer of Batangas, G.R. No.
parties’ conventional characterization of the buildings, roads, and other constructions? 180110, May 30, 2016)
property (Davao Sawmill v. Castillo, 2000) A: No, the law does not distinguish. As long as it’s Q: In Art. 415(4) where must the statues,
adhered to the soil then it is an immovable reliefs, paintings, and other objects be placed? Q: What are considered as personal
Q: What are immovable properties? property. (Civil Code, Art. 415(1)) A: They must be placed either in buildings or on properties?
A: The following are immovable properties: lands (Civil Code, Art. 415(4)). A: The following things are deemed to be personal
1. Land, buildings, roads and constructions of all Q: In Art. 415 (1), is the intention of the person property:
kinds adhered to the soil; (immovable by who placed the buildings, roads, and other Q: In Art. 415(5), is it relevant who places the 1. Those movables susceptible of appropriation
nature) constructions relevant? machinery, receptacles, instruments or which are not included in the enumeration
2. Trees, plants, and growing fruits, while they are A: No, the law does not distinguish. As long as it’s implements? under Art. 415;
attached to the land or form an integral part of adhered to the soil then it is an immovable A: Yes, the law provides that it must be placed by 2. Real property which by any special provision of
an immovable; (immovable by incorporation) property. (Civil Code, Art. 415(1)) the owner of the tenement (Civil Code, Art. law is considered as personalty;
3. Everything attached to an immovable in a fixed 415(5)). 3. Forces of nature which are brought under
manner, in such a way that it cannot be Q: In Art. 415 (2), is it relevant who places the control by science;
separated therefrom without breaking the trees, plants, and growing fruits? Q: In Art. 415(5) is the intention of the person 4. In general, all things which can be transported
material or deterioration of the object; A: No, the law does not distinguish. As long as who places the machinery, receptacles, from place to place without impairment of the
(immovable by incorporation) they are attached to the land or form an integral instruments or implements relevant? real property to which they are fixed.
4. Statues, reliefs, paintings or other objects for part of an immovable, then it is an immovable A: No, the law does not distinguish. The law only 5. Obligations and actions which have for their
use or ornamentation, placed in buildings or on property. (Civil Code, Art. 415(2)) requires that it must directly meet the needs of the object movables or demandable sums; and
lands by the owner of the immovable in such a said industry or works (Civil Code, Art. 415(5)). 6. Shares of stock of agricultural, commercial and
manner that it reveals the intention to attach Q: In Art. 415 (2), is the intention of the person industrial entities, although they may have real
them permanently to the tenements; who placed the trees, plants, and growing Q: In Art. 415(6), is it relevant who places or estate. (Civil Code, Arts. 416-417)
(immovable by incorporation) fruits relevant? preserves the animal houses, pigeon-houses,
5. Machinery, receptacles, instruments or A: No, the law does not distinguish. As long as beehives, fish ponds or breeding places of Q: What are the kinds of properties in relation
implements intended by the owner of the they are attached to the land or form an integral similar nature? to the person to whom it belongs in general?
tenement for an industry or works which may part of an immovable, then it is an immovable A: Yes, the law requires that they must be placed A: Property is either of public dominion or of
be carried on in a building or on a piece of land, property. (Civil Code, Art. 415(2)) by the owner of the animal houses, pigeon- private ownership. (Civil Code, Art. 419)
and which tend directly to meet the needs of houses, beehives, fish ponds or breeding places
the said industry or works; (immovable by Q: In Art. 415 (3), is it relevant who places the of similar nature. (Civil Code, Art. 415(6)) Q: What are the properties of public dominion?
destination) attachment to an immovable in a fixed A: The following things are property of public
6. Animal houses, pigeon-houses, beehives, fish manner? Q: In Art. 415(6) is the intention of the person dominion:
ponds or breeding places of similar nature, in A: No, the law does not distinguish. (Civil Code, who places the animal houses, pigeon-houses, 1. Those intended for public use, such as roads,
case their owner has placed them or preserves Art. 415(3)) beehives, fish ponds or breeding places of canals, rivers, torrents, ports and bridges
them with the intention to have them similar nature relevant? constructed by the State, banks, shores,
permanently attached to the land, and forming Q: In Art. 415 (3), is the intention of the person A: Yes, the law states that the owner must have roadsteads, and others of similar character;
a permanent part of it; the animals in these who places the attachment to an immovable in the intention to have them permanently attached 2. Those which belong to the State, without being
a fixed manner relevant? for public use, and are intended for some public
service or for the development of the national 2. Gymnasium of the patrimonial property of the State. (Civil
wealth. (Civil Code, Art. 420) 3. Schools (Sta. Maria, Property, p. 28) Code, Art. 422) Q: Does an owner have full rights over his/her
property without limitations?
Q: For properties owned by the national Q: What is the difference between Property for Q: What are the 2 steps required for the A: No, the provision provides for a limitation. An
government, how many kinds do we have? Public Use and Property for Public Service? conversion of a property of public dominion to owner has the right to enjoy and dispose of a thing,
A: We have three kinds: A: patrimonial property? without other limitations than those established by
1. For public use A: law. (Civil Code, Art. 428)
2. For public service PUBLIC USE PUBLIC SERVICE 1. There must be a declaration or a positive act
3. For development of the national wealth Those which may be Those which may only from the government that declares that the Q: What is the Doctrine of Self-Help?
(Civil Code, Art. 420) used by anybody such be used by certain property is no longer intended for public use or A: The owner or lawful possessor of a thing may
as roads and canals. duly authorized it is being withdrawn from public use. use force which is reasonably necessary to repel
Q: What are properties for public use? persons, although 2. A positive governmental act that the property is or prevent an actual or threatened unlawful
A: The following are intended for public use: used for the benefit of alienable and disposable such as a presidential physical invasion or usurpation of his property.
1. Roads the public. proclamation or an executive order; an (Civil Code, Art. 429)
2. Canals (Usero v. CA, G.R. No. 152115, 2005) administrative action; investigation reports of
3. Rivers Bureau of Lands investigators; and a legislative Q: What are the limitations to the doctrine of
4. Torrents Q: What are properties for the development of act or a statute. (Heirs of Malabanan v. self-help?
5. Ports and bridges constructed by the national wealth? Republic, G.R. No. 179987, April 29, 2009) A: The owner or lawful possessor may only:
State A: Those which belong to the State, without being 1. Use such force as may be reasonably
6. Banks for public use, and are intended for some public EXCEPTIONS TO THE 2-STEP PROCESS necessary to repel or prevent an actual or
7. Shores service or for the development of the national ABOVE: threatened unlawful physical invasion or
8. Roadsteads; and wealth. (Civil Code, Art. 420) Specifically, 1. When the government agency is an end-user usurpation of his property; and
9. Others of Similar Character (Civil Code, patrimonial properties are properties owned by the agency. If the land was transferred to an end- 2. Exercise such right only at the time of actual or
Art. 420) state in its private or proprietary capacity (PNOC user agency that land becomes patrimonial threatened dispossession or immediately after
a. i.e. A creek comes within the v. National Grid Corporation, G.R. No. 224936, property of the State without the need to do the dispossession to regain possession of his
purview of property of public 2019). the 2-step process. property (German Management & Services,
dominion. Evidenced by: 2. When the land is made part of a Build- Inc. v. Court of Appeals, G.R. No. 76216, 1989)
i. Barangay certification Examples of properties for the development of Operate-Transfer (BOT) Law (Chavez v.
that a creek exists in the national wealth are the following: NHA, G.R. No. 164527, August 15, 2007) Q: What are the remedies of a person deprived
disputed strip of land 1. Properties acquired by the government in of possession of real property?
ii. Certification from the execution or tax sales (PNOC v. National b. OWNERSHIP A:
Second Manila Grid Corporation, G.R. No. 224936, 1. An action for unlawful detainer;
Engineering District 2019); Q: What is ownership? 2. A suit for forcible entry
Office where the subject 2. Mangrove lands and mangrove swamps A: It is the independent and general right of a 3. Accion Publiciana
strip of land is located is (PNOC v. National Grid Corporation, G.R. person to the exclusive enjoyment and control of a 4. Accion Reivindicatoria (Eversley Childs
bounded by a tributary of No. 224936, 2019); thing in his possession, enjoyment, disposition, Sanitarium vs. Spouses Barbarona, GR
the cree; and 3. Marketplace (Privatization and and recovery, subject to the restrictions or 195814, April 4, 2018)
iii. Photographs showing the Management Office et. al. v. CTA et. al., limitations established by law and the rights of
abundance of water lilies. G.R. No. 211839, 2019); others (Civil Code, Art. 427-428). Q: What are the two summary ejectments and
(shows that there is a 4. Hotel Owned by the State Leased to Third explain them?
permanent stream of Persons (Privatization and Management Q: Ownership may be exercised over what? A: There are two kinds of actions that fall under
water or creek) (Usero v. Office et. al. v. CTA et. al., G.R. No. A: Ownership may be exercised over things or summary ejectment, namely:
CA, G.R. No. 152115, 211839, 2019); rights. (Civil Code, Art. 427) 1. Forcible Entry; and
2005) 5. Baguio City, the Wright Park, the 2. Unlawful Detainer
Secretary’s Cottage, the Senate Q: Is ownership equivalent to a certificate of
Q: What are properties for public service? President’s Cottage, the Mansion House title? Forcible entry is the act of depriving a person of
A: Those which belong to the State, without being and the public roads therein (Republic v. A: No, Ownership is different from a certificate of the material or actual possession of a land or
for public use, and are intended for some public NCIP, G.R. No. 208480, 2019). title. Registration is not the equivalent of title, but building or of taking possession thereof by force,
service or for the development of the national is only the best evidence thereof. Title as a intimidation, threat, strategy or stealth, against the
wealth. (Civil Code, Art. 420) Q: Can a property that is originally of public concept of ownership should not be confused with will or without the consent of the possessor.
dominion become patrimonial? the certificate of title as evidence of such
Examples of properties for public service are the A: Yes, the Civil Code provides that when a ownership although both are interchangeable. Unlawful detainer is the act of unlawfully
following: property of public dominion is no longer intended (Alde v. Bernal et. al., G.R. No. 169336, March 18, withholding the possession of a land or building
1. Hospitals for public use or for public service, it shall form part 2010) against or from a landlord, vendor, vendee or other
persons, after the expiration or termination of the Q: May a land be half agricultural and half Q: What is the definition of "by chance"? Q: What are the kinds of co-ownership?
detainer’s right to hold possession by virtue of a mineral? A: There are 2 schools of thought regarding “by A: The kinds of ownership are:
contract, express or implied. (PLDT v. Citi- A: No, the rights over the land are indivisible and chance”: 1. Ordinary - right of partition exists
Appliances et. al., G.R. 214546, October 9, 2019) that the land itself cannot be half agricultural and 1. According to Spanish commentators this 2. Compulsory - no right of partition exists
half mineral. The classification must be means that there must be no purpose or (party wall)
Q: When is there a disputable presumption of categorical; the land must either be completely intent to look for the treasure; 3. Legal - created by law
ownership? mineral or completely agricultural. (Republic v. CA, 2. The phrase “by chance” was intended by 4. Singular/Particular - over particular/
A: Actual possession under claim of ownership G.R. No. L-43938, April 15, 1988) the Code Commission to mean “by good specific thing
raises a disputable presumption of ownership. The luck”, implying that one who intentionally 5. Incidental - exists independently of the will
true owner must resort to judicial process for the Q: What are the requirements for hidden looks for the treasure is embraced in the of the parties
recovery of the property (Civil Code, Art. 433) treasures? provision. Meaning, Even if there is a 6. Universal - over universal things (co-heirs)
A: deliberate search, still “by chance” since 7. Contractual - created by contract
Q: In order to successfully maintain an action 1. Hidden there is uncertainity of finding a treasure
to recover the ownership of real and personal 2. Unknown (Paras, Book II Property, Ownership and Q: What are the rights of co-owners?
properties, what are the 2 things that must be 3. Lawful ownership does not appear. (Civil its Modifications, p. 196) A: The rights of co-owners are:
proved by the plaintiff? Code, Art. 439) 1. Ownership over the whole property
A: In order to successfully maintain an action to Q: What are the rules if the thing is found to be 2. Sale or Alienation
recover the ownership of real and personal Q: What objects do hidden treasures include? “of interest to science or the arts “? 3. Benefits / Fruits / Interest / Income
properties, the person who claims of having a A: A: The State may acquire them at a just price to 4. Use or Possession
better right to it must prove two things: 1. Deposit of money be divided in accordance with Art. 438, in which: 5. Management or Administration
1. The identity of the property claimed; and 2. Jewelry 1. When the finder is the owner of the
2. His title (Civil Code, Art. 434) 3. Other precious objects (Civil Code, Art. property then the owner will get all the Q: How is the right of sale or alienation
439) price. exercised?
Q: In general, when you are not paid and there 2. If a 3rd party found it then ½ goes to the A:
is a taking for public purpose, what is your Q: What are the rules when it comes to hidden finder and ½ goes to the owner. But if 1. Individual Interest
remedy? treasures? there is an agreement between the finder Right to alienate, assign or mortgage own part;
A: A: and the owner then the agreement of the except personal rights like right to use and
GENERAL RULE: The property will still be 1. If the treasure is found by the owner in his parties will govern. (Civil Code, Art. 438) habitation
deemed expropriated by the State and the remedy or her own property, the treasure will
of the previous owner is just to get paid belong to him alone c. CO-OWNERSHIP A co-owner cannot give valid consent to another
2. If a person not the property owner finds it to build a house on co-owned property as such an
EXCEPTION: Remedy of restoration of the in the property of another, the State or any Q: What is co-ownership? act would be tantamount to making an alteration in
property to the owner. Recovery of possession of its subdivisions → ½ to the finder + ½ A: It is a form of ownership, which exists whenever the thing owned in common. Entry into the land
may be had when property has been wrongfully to owner of the property an undivided thing or right belongs to different without the knowledge of the other co-owners can
taken or is wrongfully retained by one claiming to persons (Civil Code, Art. 484) be categorized as possession by stealth and W’s
act under the power of eminent domain or where a (Note: it must have been found by act of getting only the consent of one co-owner can
rightful entry is made and the party condemning chance) Q: What are the elements of co-ownership? be considered as “strategy.” Thus, it would be a
refuses to pay the compensation which has been (PUI) case of forcible entry. (Cruz v. Catapang, GR No.
assessed or agreed upon; or fails or refuse to have 3. If NOT by chance aka deliberate A: 164110, 2008)
the compensation assessed and paid. (Republic undertaking to look for the treasure → 1. Plurality of subjects - many owners
v. Vicente Lim, G.R. No. 161656, June 29, 2005) sharing will be on the basis of the 2. Object of ownership must be Undivided 2. Entire Property
agreement of the owner and the finder. 3. Recognition of Ideal shares; no one is an Any co-owner may file an action under Article 487
Q: Are an owner’s rights over a piece of land UNLESS either of them waives his/her owner of a specific portion of the property not only against a third person but also against
divisible? right over the treasure. until it is partitioned another co-owner who takes exclusive possession
A: No, the rights over lands are indivisible. The and asserts exclusive ownership of the property.
owner of the parcel of land has rights not only to If no agreement as to the sharing → finder Q: How is co-ownership created? (De Guia vs. CA, GR No. 120864, 2003)
the surface, but also to everything underneath and shall be entitled only for his efforts on a A: It is created by:
the airspace above it up to a reasonable height. quantum meruit (amount that he 1. Law A co-owner can sell an undivided part of the
(PLDT v. Citi-Appliances et. al., G.R. 214546, deserves) basis UNLESS finder waives 2. Contracts property co-owned but its validity is limited to his
October 9, 2019) his compensation (Civil Code, Art. 438). 3. Succession share. Hence, there is no need for consent of the
4. Fortuitous event/chance (i.e., commixtion) other co-owners as to said sale. (Arambulo v.
4. If the finder is a TRESPASSER, he shall 5. Occupancy (i.e., two persons catch a wild Nolasco, GR No. 189420, 2014) Same rule applies
not be entitled to any share of the treasure animal) in a mortgage by a co-owner of his share. (Rural
(Civil Code, Art. 438). 6. Donation
Bank of Cabadbaran v. Nulecio-Yap, GR No. 3. Without prejudice to interest of ownership 3. When partition is prohibited by Law. (Civil
178451, 2014) 4. Prescription 4. Without preventing other co-owners from Code, Art. 494)
making use thereof. (Civil Code, 486) 4. When a physical partition would render
Q: What are the requisites of repudiation? General Rule: A co-owner cannot acquire the the property Unserviceable, but in this
A: whole property as against the other co-owners by Q: What are the rights available in the case, the property may be allotted to one
1. Unequivocal acts of repudiation of the co- acquisitive prescription. (Civil Code, Art. 494) management or administration of property? of the co-owners, who shall indemnify the
ownership amounting to an ouster of the A: others, or it will be sold, and the proceeds
other co-owners; Exception: When there is valid repudiation – 1. Right to change purpose of co-ownership distributed. (Civil Code, Art. 495)
2. Positive acts of repudiation have been prescription shall start from such repudiation. by agreement. (Civil Code, Art. 486) 5. When the legal Nature of the common
made known; (Paras, supra, p. 365) 2. Right to bring action in ejectment in behalf property does not allow partition.
3. Evidence is clear and conclusive; of other co-owner. (Civil Code, Art. 487)
4. Open, continuous, exclusive, notorious Exception to the Exception: In constructive 3. Right to compel co-owners to contribute to Q: What are the obligations of co-owners?
possession (Santos v. Heirs of trusts, prescription does not run. (Jacinto v. necessary expenses for preservation of A:
Crisostomo, 41 Phil. 342, 1921). Jacinto, L-17955, L-17957, 1962) (Paras, supra, p. thing and taxes. (Civil Code, Art. 488) 1. Share in charges proportional to
366) 4. Right to exempt himself from obligation of respective interest; stipulation to contrary
3. Right of Redemption paying necessary expenses and taxes by is void. (Civil Code, Art. 485)
Right to be adjudicated thing (subject to right of A co-owner cannot sell the property without the renouncing his share in the pro indiviso 2. Pay necessary expenses and taxes – may
others to be indemnified) other co-owners’ consent; otherwise, the selling interest; but can’t be made if prejudicial to be exercised by only one co-owner. (Civil
co-owner’s share shall be the only one valid. co- ownership. (Civil Code, Art. 488) Code, Art. 490)
Right to share in proceeds of sale of thing if thing (Paulmitan v. CA, GR No. 61584, 1992) 5. Right to make repairs for preservation of 3. Pay useful and luxurious expenses – if
is indivisible and they cannot agree that it be things; can be made at will of one co- determined by majority
allotted to one of them While the husband is the recognized administrator owner; receive reimbursement therefrom; 4. Duty to obtain consent of all if thing is to
of the conjugal property under the Civil Code, notice of necessity of such repairs must be be altered even if beneficial; resort to court
Note: To be exercised within 30 days from written there are instances when the wife may assume given to co- owners, if practicable. (Civil if non-consent is manifestly prejudicial.
notice of sale of undivided share of another co- administrative powers or ask for the separation of Code, Art. 489) (Civil Code, Art. 491)
owner to a stranger. property. Where the husband is absent and 6. Right to ask for partition anytime. (Civil 5. Duty to obtain consent of majority with
incapable of administering the conjugal property, Code, Art. 494) regard to administration and better
Redemption of the whole property by a co-owner the wife must be expressly authorized by the 7. Right of preemption enjoyment of the thing; majority means
does not vest in him sole ownership over said husband or seek judicial authority to assume majority in the interest not in the number
property. Redemption within the period prescribed powers of administration. Thus, any transaction Q: How is co-ownership terminated? of co-owners; court intervention if
by law by a co-owner will inure to the benefit of all entered by the wife without the court or the A: Co-ownership may be terminated through prejudicial – appointment of administrator.
co-owners. Hence, it will not put an end to existing husband’s authority is unenforceable. Being an partition. (Civil Code, Art. 492)
co-ownership. (Mariano v. CA, GR No. L-51283, unenforceable contract, the 2nd Contract is 6. No prescription to run in favor co-owner as
1989) susceptible to ratification. The husband continued Q: What is the rule on partition? long as he recognizes the co-ownership;
remitting payments for the satisfaction of the A: Generally, partition is demandable anytime. (Civil Code, Art. 494)
Co-owners have the right to alienate their pro obligation under the questioned contract. These 7. Co-owners cannot ask for physical
indiviso shares even without the knowledge or acts constitute ratification of the contract. No co-owner shall be obliged to remain in the co- division if it would render thing
consent of another co-owner as long as the (Fabrigas v. San Francisco, GR No. 152346, ownership. Each co-owner may at any time unserviceable; but can terminate co-
alienation covers only their shares interests in the 2005) demand the partition of the thing owned in ownership. (Civil Code, Art. 495)
common property. Under the Civil Code, each co- common, insofar as his share is concerned. (Art. 8. After partition, duty to render mutual
owner “shall have the full ownership of his party Q: What are the rules on the right to the 494) accounting of benefits and
and may therefore alienate it.” The effect, Benefits / Fruits / Interest / Income? reimbursements for expenses. (Civil
however, of the alienation with respect to the co- A: Q: What are the instances when partition Code, Art. 500)
owners shall be limited only to the portion which 1. Right to benefits proportional to respective cannot be demanded? (ADLUN) 9. Each co-owner has full ownership of his
may be allotted to him in the division upon the interest A: A co-owner may not successfully demand a part and of the fruits and benefits
termination of the co-ownership. (Tabasondra v. 2. Stipulation to the contrary is void partition: pertaining thereto, and he may alienate,
Constantino, GR No. 196403, 2016) 3. Right to full ownership of his part and fruits 1. If by Agreement (for a period not assign or mortgage the portion which may
(Civil Code, Art. 493) exceeding 10 years, renewable) partition be allotted to him upon the termination of
A co-owner has no right to sell or alienate a is prohibited. (Civil Code, Art. 494) the co- ownership. It appears that while
concrete, specific or determinate part of the thing Q: What are the elements of the right to use or 2. When partition is prohibited by a Donor or there is a single certificate of title, the
owned in common, because his right over the thing possession? testator (for a period not exceeding 20 three lots are distinguishable from each
is represented by quota or ideal portion without A: years) – from whom the property came. other. (Civil Code, Art. 493)
any physical adjudication. (Cabrera v. Ysaac G.R. 1. Right to use thing co-owned (Civil Code, Art. 494)
No. 166790, 2014) 2. For purpose for which it is intended
Q: What are the rights of third parties? a. Adjunction or conjunction; or OM may remove materials, provided no
1. Creditors of assignees may take part in There is NO intervention of human b. Commixtion or confusion; substantial injury to work done.
division and object if being effected beings. c. Specification. (Paras, supra, p. 2. If the LO-BPS is in bad faith, he can
without their concurrence, but cannot 209-210) acquire the materials, provided there is full
impugn unless there is fraud or made They grow in their raw and payment plus damages. The OM, in good
notwithstanding their formal opposition. unorganized state not previously Q: What are the principles governing faith, is entitled to full payment for value of
(Civil Code, Art. 497) dedicated to any purpose. Accession Industrial? materials plus damages or OM may
2. Non-intervenors – retain rights of Industrial Examples: A: remove materials even if there is
mortgage and servitude and other real Fruits Rice Paddy 1. Accessory follows the principal. substantial injury to work done, plus
rights and personal rights belonging to Mango Orchard 2. The incorporation or union must be damages
them before partition was made. (Civil Vegetable Plantation intimate that removal or separation cannot 3. If the LO-BPS is in good faith, he can
Code, Art. 499) be effected without substantial injury to acquire the materials without paying for
They are products already WITH either or both. the value thereof and will be entitled to
d. RIGHT OF ACCESSION THE INTERVENTION of men. 3. Good faith exonerates a person from damages due to defects or inferior quality
punitive liability but bad faith may give rise of materials. The OM in bad faith loses
Q: What is Accession? They have been organized for a to dire consequences. materials without indemnity and will be
A: Accession is the right of the owner of a thing, purpose by human beings 4. Bad faith of one party neutralizes the bad liable for damages due to defects or
real or personal, to become the owner of Civil They are: faith of the other. inferior quality of materials
everything which is produced thereby, or which is Fruits Rents of buildings 5. No one should enrich himself at the 4. If both are in bad faith, LO-BPS can
incorporated or attached thereto, either naturally The price of leases of expense of another (Paras, supra, p. 221) acquire the materials provided there is full
or artificially. (Civil Code, Art. 440). lands and other property payment. The OM, in bad faith, is entitled
The amount of perpetual Q: What are the disputable presumptions as to to full payment for value of materials or
Q: What are the classifications of Accession? or life annuities improvements on land? OM may remove materials, provided no
A: Other similar income A: substantial injury to work done.
1. Accession Discreta 5. Stock or cash dividends 1. Works are made by the owner
2. Accession Continua (Sta. Maria, Property, p. 98 discussing Arts. 441 2. Works are made at the owner’s expense Q: What is the exception to the rule on builders
and 442 of the Civil Code) (Civil Code, Art. 446) that possession as mere holder?
Q: What is Accession Discreta? A: Rule does not apply where the builder, knowing
A: It is the extension of the right of ownership of a Q: What are the rules on accession discreta? Q: What is planting? that the land is not his, does not claim ownership
person to the products of a thing which belongs to A: A: Planting pertains to a perennial fact. Something over the land but possesses it as mere Holder,
such person. (Paras, Civil Code of the Philippines General Rule: All fruits belong to the owner of a that will grow and produce fruits year after year agent, usufructuary or tenant. (Paras, supra, p.
Annotated Property Articles, 414-773, 211, 2016) thing. (Civil Code, Art. 441) without having to be replanted. (Paras, supra, p. 243)
220-221)
Q: When does accession discreta take place? Exceptions: Q: What is the exception to the exception
A: It takes place with respect to: 1. Possession in good faith by another; (Civil A planter may be required to buy the land. indicated above?
a) Natural Fruits – spontaneous products of Code, Art. 554 (1)) A:
the soil and the young of animals. 2. Usufruct; (Civil Code, Art. 566) Q: What is sowing? 1. Tenant whose lease is about to expire, but
b) Industrial Fruits – those produced by lands 3. Lease of rural lands; (Civil Code, Art. A: Sowing pertains to an annual crop. Something still sows, not knowing that the crops will
of any kind through cultivation or labor. 1654) that will grow and produce fruits and then you plant no longer belong to him.
c) Civil Fruits – rent of buildings, the price of 4. Pledge; again before it will produce fruits again. (Paras, 2. A person constructs a building on his own
lease of lands and other property and the 5. Antichresis. (Civil Code, Art. 2132) supra, p. 221) land, and then sells the land but not the
amount of perpetual or life annuities or building to another.
other similar income. (Civil Code, Art. 442) Q: What is Accession Continua? A sower may be required to pay rent. a. No question of good faith or bad
A: Accession Continua is the extension of the right faith on the part of the builder can
Q: What are examples of (a) Natural Fruits, (b) of ownership of a person to that which is Q: Under Article 455 of the Civil Code, what are be compelled to remove the
Industrial Fruits and (c) Civil Fruits? incorporated or attached to a thing which belongs the rules regarding the constructions / building;
A: to such person plantings by the landowner / builder / planter / b. New owner will not be required to
Natural Examples: sower (LO-BPS) with the materials of another pay any indemnity for the building
Fruits 1. Mangoes Q: When does accession continua take place? (OM)? (Golengco v. Regalado, 48 O.G.
2. Apples A: Accession continua may take place: A: 5282)
3. Cabbage 1. With respect to real property 1. If in good faith, the LO-BPS can acquire 3. Builder is a belligerent occupant (Republic
4. Piglets a. Accession industrial; the materials, provided there is full v. Lara, 50 O.G. 5282)
5. Chicks b. Accession natural payment. The OM, in good faith, is entitled 4. Builder, etc. is a co-owner even if later on,
6. Ducklings 2. With respect to personal property to the full payment for value of materials during the partition, the portion of land
used is awarded to another co-owner;

LANDOWNER (LO) BUILDER / PLANTER / SOWER (BPS)
(Viuda de Arias v. Aguilar, 40 O.G., 1941)
If LO does not appropriate luxurious improvements, BPS
Q: When does the rule apply? can remove the same provided there is no injury to the
A: For the rule to apply, the construction must be principal thing (land or building).
of a permanent character, attached to the soil with
an idea of perpetuity. Option 2: To purchase land at fair market value when value is not
To oblige the BP to buy the land or the S to pay the proper considerably more than that of the building or trees.
If it is of a transitory character or is transferable, rent unless the value of the land is considerably more
there is no accession, and the builder must than that of the building or trees. If BPS cannot pay purchase price of land, LO can require
remove the construction. (Alviola v. CA, GR No. BPS to remove whatever has been built, planted or sown.
117642, 1998)
If the value of land is considerably more than that of the
building or trees, BPS cannot be compelled to buy the
Q: What is the effect of a promise by the land. In such case, BPS will pay reasonable rent if LO
landowner to donate the property to the does not choose Option 1.
builder?
A: A mere promise by the landowner to donate the If BPS cannot pay the rent, LO can eject BPS from the
property to the builder cannot convert the latter land.
into a builder in good faith. If at all, he is a mere
possessor by tolerance. A person whose B. GOOD FAITH BAD FAITH
occupation of realty is by tolerance of its owners is
a not possessor in good faith. Hence, he is not Option 1: Loses whatever has been built, planted or sown without
To acquire whatever has been built, planted or sown indemnity and liable to pay damages.
entitled to the value of the improvements built
without paying indemnity except necessary expenses for
thereon. (Verona Pada-Kilario v. CA, GR No. preservation of land and luxurious expenses (should LO Entitled to reimbursement for necessary expenses for
134329, 2000) want to acquire luxurious improvements) plus damages. preservation of land but no right of retention.
Q: What is the rule when the landowner sells Entitled to reimbursement for useful expenses but cannot
the land to a third person who is in bad faith? remove useful improvements even if removal will not
A: Builder must go against the third person. When cause injury.
the third person has paid the landowner, the
builder may still file a case against the third Not entitled to reimbursement for luxurious expenses
except when LO wants to acquire luxurious
person.
improvements (value of which will be the one at the time
LO enters into possession).
The third person may file a third party complaint
against the landowner. Entitled to remove luxurious improvements if it will not
cause injury and LO does not want to acquire them.
Q: What are the rules when BUILDER / PLANTER / SOWER (BPS) builds, plants, sows on the land Option 2: Obliged to pay for land or proper rent and pay damages.
of another landowner? To oblige BP to buy land or S to pay proper rent plus
A: damages.
LANDOWNER (LO) BUILDER / PLANTER / SOWER (BPS) Option 3: Obliged to remove or demolish work done at his expense
To compel BPS to remove or demolish work done plus and pay damages.
A. GOOD FAITH damages.
Option 1: To receive indemnity for necessary, useful and luxurious C. BAD FAITH GOOD FAITH
To purchase whatever has been built, planted or sown expenses (if the LO wants to appropriate the luxurious
after paying indemnity which includes necessary improvements) with right of retention over the land To acquire whatever has been built, planted or sown by If LO acquires whatever has been built, planted or sown,
expenses, useful expenses and luxurious expenses (if without obligation to pay rent until full payment of paying indemnity plus damages. BPS must be indemnified the value thereof plus
the LO wants to appropriate the luxurious indemnity. damages.
improvements).
To remove useful improvements provided it does not (If LO does not acquire whatever has been built, planted
cause any injury (this is part of right of retention). or sown, BPS cannot insist on purchasing land).
LANDOWNER (LO) BUILDER / PLANTER / SOWER (BPS) LANDOWNER BUILDER /PLANTER/ SOWER OWNER OF MATERIALS
(LO) (BPS) (OM)
BPS can remove whatever has been built, planted or
sown regardless of whether or not it will cause injury and removal even if removal will not materials because OM is considered
will be entitled to damages cause damage. in good faith only insofar as BPS is
concerned).
D. BAD FAITH BAD FAITH
Option 2: To buy the land or pay proper rent If LO chooses Option 1, OM has no
Same as A Same as A To oblige BP to buy the land or S to and liable to pay damages to LO right to remove materials even if
pay proper rent plus damages. there will be no injury or damage.
Q: What are the rules if there are three parties (landowner, builder/planter/sower, owner of If LO chooses Option 2, OM has right
materials) involved? of removal, provided there will be no
A: injury or damage.
LANDOWNER BUILDER /PLANTER/ SOWER OWNER OF MATERIALS Option 3: To demolish or remove what has Liable to pay for damages due to
(LO) (BPS) (OM) To oblige BPS to demolish or remove been built, planted or sowed and defects or inferior quality of
what has been built, planted or liable for damages. materials.
A. GOOD FAITH sowed plus damages.
Option 1: To receive indemnity from LO with To receive indemnity from BPS who D. BAD FAITH GOOD FAITH GOOD FAITH
To acquire whatever has been built, right of retention over land until full is primarily liable for materials; if BPS
planted or sown provided there is payment. is insolvent, to proceed against LO To acquire what has been built, To receive indemnity from LO plus To receive indemnity for value of
payment of indemnity (which who is subsidiarily liable with no right planted or sown by paying indemnity damages. materials principally from BPS and in
includes value of what has been built, of retention. plus liable to pay damages. case BPS is insolvent, subsidiarily
planted or sown plus value of from LO.
materials used).
E. BAD FAITH GOOD FAITH BAD FAITH
Option 2: To buy land or to pay proper rent. To receive indemnity from BPS only
To oblige BP to buy land or S to pay (LO is not subsidiarily liable) with Same as D Same as D No right to receive indemnity for
proper rent unless value of land is right of retention until full payment. value of materials from BPS nor LO
considerably more than that of (who ends up owning buildings or
building or trees. or trees).
To remove materials if there will be
no injury on building or trees and will
have material rent lien against BPS Q: Can a lessee be a builder in good faith? Even if the lessor promised to sell, it would not
for payment of value of materials. A: A lessee cannot be a builder in good faith. He make the lessee possessor or builder in good faith
is estopped to deny his landlord’s title, or to assert so as to be covered by the provisions of Art. 448
B. GOOD FAITH GOOD FAITH BAD FAITH a better title not only in himself, but also in some of the Civil Code, if he improves the land. The latter
third person while he remains in possession of the cannot raise the mere expectancy of ownership of
Same as A Same as A Whatever is the choice of LO, the
OM: leased premises and until he surrenders the land because the alleged promise to sell was
1. loses the materials in favor of possession to the landlord. (Munar v. CA, GR No. not fulfilled nor its existence even proven. (Jurado,
BPS, and 100740, 1994); (Frederico Geminiano, et al. v. CA, Civil Law Reviewer, 2008)
2. will have no right to receive et al., GR No. 120303, 1996)
indemnity from BPS nor LO. Q: Who has the right of choice or right to
Estoppel applies even if the lessor had no title at choose the option between the land owner and
C. GOOD FAITH BAD FAITH BAD FAITH the time. The relation of lessor and lessee was the builder in good faith?
created and may be asserted not only by the A: The choice belongs to the land owner. This is a
Option 1: BPS loses what has been built (Since both BPS and OM are in bad original lessor, but also by those who succeed to rule that accords with the principle of accession
To acquire whatever has been built, planted or sown plus liable for faith, treat them both as if they are in his title. As lessees, they knew that their that the accessory follows the principal and not the
planted or sown without paying damages but is entitled to be good faith).
occupation of the premises would continue only for other way around (Briones v. Macabagdal, GR No.
indemnity except necessary indemnified for necessary expenses
expenses for preservation of land and luxurious expenses (should LO Whatever is the choice of LO, OM the life of the lease. They cannot be considered as 150666, 2010)
and luxurious expenses (should LO want to acquire luxurious has right to receive indemnity for possessors nor builders in good faith. (Racaza v.
want to acquire luxurious improvements) and has no right of value of materials from BPS only (LO Susan Realty, Inc., GR No. L- 20330, 1966); (Vda. Note: Even as the option lies with the landowner,
improvements) plus damages. has no subsidiary liability for value of De Bacaling v. Laguna, GR No. L-26694, 1973); the grant to him, nevertheless, is preclusive. He
(Santos v. CA, 221 SCRA 42, 1993) must choose one.[16] He cannot, for instance,
compel the owner of the building to remove the Q: What are the rules when there is a contract owners of lands adjoining the said banks. (Art. Q: Do the rules on alluvion apply to man-made
building from the land without first exercising either of lease? 457) accretions?
option. It is only if the owner chooses to sell his A: A lessee is neither a builder in good faith nor in A: The rules on alluvion do not apply to man-made
land, and the builder or planter fails to purchase it bad faith that would call for the application of Q: What is Accretion? or artificial accretions to lands that adjoin canals or
where its value is not more than the value of the Articles 448 and 546 of the Civil Code. His rights A: Accretion is the act or process by which a esteros or artificial drainage system. (Ronquillo v.
improvements, that the owner may remove the are governed by Article 1678 of the Civil Code riparian land gradually and imperceptibly receives CA, GR No. L-43346, 1991)
improvements from the land. The owner is entitled which reads: addition made by the water to which the land is
to such remotion only when, after having chosen contiguous. (Paras, supra, p. 265) Q: When are lands by accretion and alluvium
to sell his land, the other party fails to pay for the “Art. 1678. If the lessee makes, in good faith, for part of the public domain?
same. (Briones v. Macabagdal, GR No. 150666, useful improvements which are suitable to the Q: What are the essential elements of A: Lands added to the shores by accretions and
2010) use for which the lease is intended, without Alluvium? alluvium deposits caused by the action of the sea,
altering the form or substance of the property A: form part of the public domain. When they are no
Q: What are the options of the landowner if a leased, the lessor upon the termination of the 1. Deposit or accumulation of soil or longer washed by the waters of the sea, and are
building has been built on his land in good lease shall pay the lessee one-half of the value sediment must be Gradual and not necessary for the purposes of public utility, or
faith? of the improvements at that time. Should the imperceptible. (Civil Code, Art. 457) for the establishment of special industries, or for
A: The owner of the land on which a building has lessor refuse to reimburse said amount, the 2. Accretion results from the effects or action the coastguard service, the Government shall
been built in good faith by another has the option lessee may remove the improvements, even of the Current of the waters of the river. declare them to be the property of the owners of
to buy the building or sell his land to the builder, he though the principal thing may suffer damage (Gov’t of the Phils. v. Cabangis, 53 Phil. the estates adjacent thereto and as an increment
cannot refuse to exercise either option. (Sarmiento thereby. He shall not, however, cause any 112, 1929) thereof.” (Lanzar v. Dir. Of Lands, GR No. L-
v. Agana, GR No. L-57288, 1984) more impairment upon the property leased 3. The land where accretion takes place 31934, 1977)
than is necessary.” must be Adjacent to the bank of a river.
Q: How do you determine if the land owner, (Civil Code, Art. 457) Q: What is avulsion?
builder/planter/sower, or the owner of the With regard to ornamental expenses, the lessee A: Avulsion refers to accretion which takes place
materials are in good faith? shall not be entitled to any reimbursement, but he Q: Are both ownership and registration of when the current of a river, creek, or torrent
A: One is considered in good faith if he is not may remove the ornamental objects, provided no alluvium automatic? segregates from an estate on its bank a known
aware that there exists in his title or mode of damage is caused to the principal thing, and the A: No, only ownership is automatic. Alluvial portion and transfers it to another estate, in which
acquisition any flaw which invalidates it. It implies lessor does not choose to retain them by paying deposits along the banks of a creek do NOT form case, the owner of the estate to which the
honesty of intention, and freedom from knowledge their value at the time the lease is extinguished. part of the public domain as the alluvial property segregated portion belonged, retain the ownership
of circumstances which ought to put the holder automatically belongs to the owner of the estate to thereof. (Civil Code, Art. 459)
upon inquiry. Specifically, honesty belief in the Under Article 1678, the lessor has the option of which it may have been added. The only restriction
validity of one's right, ignorance of a superior claim paying one-half of the value of the improvements provided for by law is that the owner of the Q: What are the essential elements of
and absence of intention to overreach another which the lessee made in good faith, which are adjoining property must register the same under avulsion?
(Arangote v. Maglunob, G.R. No. 178906, 2009). suitable for the use for which the lease is intended, the Torrens system; otherwise, the alluvial A:
and which have not altered the form and property may be subject to acquisition through 1. Segregation and transfer must be caused
Q: How does one be deemed a builder in good substance of the land. On the other hand, the prescription by third persons. (Office of the City by the Current of a river, creek or torrent.
faith? lessee may remove the improvements should the Mayor of Paranaque City v. Ebio et. al., G.R. No. (Civil Code, Art. 459)
A: It is essential that a person asserts title to the lessor refuse to reimburse. (Sulo ng Nayon v. 178411, 2010) 2. Segregation and transfer must be Sudden
land on which he builds, i.e., that he be a Nayong Pilipino, G.R. No. 170923, 2009) or abrupt. (Canas v. Tuason, 5 Phil. 688,
possessor in the concept of owner, and that he be Q: What is the effect of registration? 1929)
unaware that there exists in his title or mode of Q: What are the principal forms of accession A: Registration under the Torrens System does 3. The portion of land transported must be
acquisition any flaw which invalidates it. natural? not protect the riparian owner against the Known or identifiable. (Civil Code, Art.
A: The principal forms are: diminution of the area of his registered land 459)
To illustrate, when X from the very beginning know 1. Alluvium (Civil Code, Art. 457) through gradual changes in the course of an
that he is dealing with a person who possibly had 2. Avulsion (Civil Code, Art. 459) adjoining stream. (Viajar v. CA, GR No. 77294, Q: What is the period for the original owner in
no authority to sell the subject property 3. Change of course of rivers (Civil Code, 1998) avulsion to retain or keep ownership over the
considering that there is palpable irregularity in the Arts. 461-462) known and identifiable chunk of land?
SPA’s acknowledgement, yet he relied on the SPA 4. Formation of islands (Civil Code, Art. 464- Failure to register the acquired alluvial deposit by A: The owner must of the segregated portion must
without any further investigation on the seller’s 465) accretion for 50 years subjected said accretion to make the removal within 2 years from the
capacity to sell and X proceeded with its purchase acquisition through prescription by third persons. attachment to another land; otherwise, the non-
and built a house thereon. In such case, X is Q: What is Alluvium? (Reynante v. CA, GR No. 95907,1992) removal will mean adjudication to the owner of the
considered a builder in bad faith as he was aware A: Alluvium is the accretion which the banks of property to which the portion was attached. (Civil
of a flaw or defect in his title or mode of acquisition rivers gradually receive from the effects of the Code, Art. 459)
(The Heirs of Sarili v. Lagrosa, G.R. No. 193517, current of the waters and which belong to the
2014).
Q: What are the rules regarding Uprooted A: Islands, which may be formed: Q: What is the rule on the principal and
Trees? 1. On the seas within the jurisdiction of the accessory?
A: Philippines A: As a general rule, the owner of the principal
1. If the owners do not claim within 6 months, 2. On lakes; and thing acquires the accessory, indemnifying the
the uprooted trees shall belong to the 3. On navigable or floatable rivers (Civil former owner for its value. (Civil Code, Art. 466)
owner of the land upon which the trees Code, Art. 464)
may be cast (Civil Code, Art. 460) Q: How is the principal determined?
2. If the owners claim within 6 months, Q: What are rules regarding islands formed in A: The test to determine the principal is that the
owners shall pay the expenses incurred in non-navigable or non-floatable rivers: principal thing is deemed to be that to which the
gathering them or putting them in a safe A: other has been united as an ornament, or for its
place (Civil Code, Art. 460) 1. Belong to the owners of the margins or use or perfection. (Civil Code, Art. 467.)
banks of the river nearest to each of them
Q: What are the elements when it comes to the 2. If in the middle of the river, divided Q: What shall govern if the principal cannot be
change of course of a riverbed? longitudinally in halves (Civil Code, Art. determined?
A: 465) A: If it cannot be determined: (Rule of Importance
1. The old course of the creek; and Purpose)
2. The new course of the creek; and Q: What is the effect of the riverbeds that have Greater value = If they are of unequal
3. The change of course of the creek from dried up? value
the old location to the new location by A: Riverbeds that dry up continue to belong to the Greater volume = If they are of equal value
natural occurrence. (Civil Code, Art. 461) State as its property of public dominion, unless Greater merits. (Civil Code, Art. 467 &
there is an express law that provides that the 468)
Q: What are the rights of the owner of the land dried-up riverbeds should belong to some other
occupied by new river course? person. (Republic vs. Santos III, GR No. 160453, Q: When is separation allowed?
A: 2012) A:
1. Right to old bed ipso facto in proportion to Separation without injury (Civil Code,
area lost Q: What is adjunction or conjunction? Art.469)
2. Owner of the adjoining land to old bed: A: Adjunction or conjunction is the process Separation with injury – accessory is
right to acquire the same by paying its whereby two (2) movable things owned by much more precious than the principal;
value (Civil Code, Art. 461) different persons are joined together without bad the owner of the former may demand its
faith, in such a way that they form a single object. separation even though the principal may
Q: What are new riverbanks? (Civil Code, Art. 466) suffer injury. (Civil Code, Art.469)
A: Whenever a river, changing its course by Owner of principal in bad faith. (Civil
natural causes, opens a new bed through a private Q: What are the requisites of adjunction or Code, Art.470 (2))
estate, this bed shall become of public dominion. conjunction?
(Civil Code, Art. 462) A:
1. The two things belong to Different owners.
New riverbed may itself be abandoned, due to 2. They form a Single object.
natural or artificial causes authorized by law. 3. They are Inseparable; that their
separation would impair their nature or
Owners will get back this previous property if the result in substantial injury to either
course of the river reverts to its original place. component. (Paras, supra, p. 265)
(Sanchez v. Pascual, 11 Phil. 395, 1969)
Q: What are the classes of adjunction or
Q: Instead of changing its course, the river conjunction?
divides itself into branches. What is the A:
applicable rule? 1. Inclusion (engraftment)
A: Art. 463 applies which states that whenever the 2. Soldadura (soldering)
current of a river divides itself into branches, a. Feruminatio – same metal
leaving a piece of land or part thereof isolated, the b. Plumbatura – different metal
owner of the land retains his ownership. He also 3. Tejido (weaving)
retains it if a portion of land is separated from the 4. Escritura (writing)
estate by the current. (Civil Code, Art. 463) 5. Pintura (painting) (Paras, supra, p. 291)
Q: What are the islands belonging to the State?
Q: What are the rules as to ownership? GENERAL RULE EXCEPTIONS e.1. POSSESSION
A: Principal in BAD FAITH
Owner of materials Owner of materials Q: What is possession?
OWNER OF PRINCIPAL (OP) OWNER OF ACCESSORY (OA)
has the option to: cannot appropriate if A: It is the holding of a thing or the enjoyment of a
GOOD FAITH / BAD FAITH GOOD FAITH 1. Appropriate the the value of the new right (Civil Code, Art. 523).
new thing without thing is more valuable
Acquires the accessory May demand reparation – If no injury will be caused paying for labor; for artistic or scientific Q: What is actual possession?
OR reasons. A: Actual possession consists in the manifestation
• indemnifies the former owner for its value
If value of accessory is greater than principal (even 2. Demand indemnity of acts or dominion of such a nature as a party
if damages will be caused to principal) -- expenses for materials and would naturally exercise over his own property
is to the one who caused the conjunction damages (Republic v. Metro Index Realty, G.R. No. 198585,
2012)
GOOD FAITH BAD FAITH Q: When is a maker deemed in good faith?
A: One who, in good faith, employs the material of Q: What is the effect of actual possession
• Owns the accessory • Loses the thing incorporated another in order to make a thing of a different kind under claim of ownership?
• Right to damages • Indemnify the OP for the damages OP may shall appropriate the thing transformed as his own, A: Actual possession under claim of ownership
have suffered indemnifying the owner of the material for its value. raises a disputable presumption of ownership. The
(Civil Code, Art. 474) true owner must resort to judicial proceedings for
BAD FAITH GOOD FAITH the recovery of the property. (Civil Code, Art. 433)
Q: What are the options of the owner when the
Pay OA value of accessory or principal and Right to choose between: material is of greater value than the Q: What is constructive possession?
accessory be separated PLUS • OP paying him its value or transformed thing? A: It is the possession and cultivation of a property
• That the thing belonging to him be A: The owner of the material may: under claim of ownership, provided that the
Liability for damages separated even though it be necessary to 1. Appropriate the new thing to himself, after property is not in the adverse possession of
destroy the principal thing paying indemnity for the value of the work; another person (Republic v. Metro Index Realty,
or G.R. No. 198585, 2012).
2. Demand indemnity for the material. (Civil
Q: What are the kinds of mixtures? b. Liable for damages. Code, Art. 474) Q: What are the degrees of possession?
A: A:
1. Commixtion, which is the mixture of solids Q: What is specification? Q: What are the rights of the owner if the maker 1. Mere holding or having without any right
a. Ex.: A volume of grain stored in an A: Specification refers to the imparting of a new is in bad faith? whatsoever (grammatical degree)
elevator which is made up of form to the material belonging to another; or the A: The owner of the material shall have the right 2. Possession with juridical title (juridical
contribution from different owners. making of the material of another into a thing of a to: possession)
2. Confusion, which is the mixture of liquids different kind. (Civil Code, Art. 474) 1. Appropriate the work to himself, without 3. Possession with just title but not from the
a. Ex.: A volume of oil stored in a tank paying anything to the maker; or real owner (real possessory right)
which is made up of contribution from Q: In specification, what is the principal and 4. Possession with title of dominium, with a
different owners. what is the accessory? And what are the rules? 2. Demand of the latter that he indemnify him just title from the owner.
A: The rule is that the accessory follows the for the value of the material and the
Q: What are the rules regarding commixtion or principal, with labor being considered the principal damages he may have suffered. (Civil Q: Distinguish possession in the concept of an
confusion? and the materials as the accessory. Code, Art. 474) OWNER from possession in the concept of a
A: HOLDER.
1. Mixture by the will of the owners GENERAL RULE EXCEPTIONS Q: Can the owner of the material appropriate A:
a. Rights governed by stipulations Principal in GOOD FAITH the work?
b. Without stipulation: each acquires a Worker / principal may If the material is more A: The owner of the material cannot appropriate POSSESSION
right or interest in proportion to the appropriate the new valuable than the new the work in case its value, for artistic or scientific In the Concept of an In the Concept of a
value of his material. (Paras, supra, p. thing upon thing, the owner of the reasons, is considerably more than that of the OWNER HOLDER
297) indemnification for the materials may: material. (Civil Code, Art. 474) Possession by the Acknowledges in
2. Mixture caused by an owner in good faith or materials 1. Appropriate the owner himself or those another a superior
by chance new thing but may who claims and acts right which he believes
a. Each share shall still be in proportion pay for the work; or as an owner to be ownership,
to the value of their thing (Santos v. 2. Demand indemnity whether his belief is
Bernabe, 54 Phil. 19, 1929) for the materials right or wrong. (e.g.
3. Mixture caused by owner in bad faith and damages lessee, depositary,
a. The actor forfeits his thing; agent, trustee).
In the Concept of an In the Concept of a Publishing v. Spouses Santos, G.R. No. 80298, Q: Who are the 2 parties in an easement?
ACCORDING TO PURPOSE OF THE
OWNER HOLDER 1990) A:
1. Dominant Estate – the immovable in favor EASEMENT OF THE NATURE OR
Possession in one’s Possession in the LIMITATION
own name name of another e.2. EASEMENT of which the easement is established
Can serve to acquire Cannot ripen into 2. Servient Estate – the immovable which is
Positive Easement Negative Easement
ownership by ownership by Q: What are easements/servitudes? subject of the easement (Civil Code, Art.
prescription acquisitive A: An easement is a real right on another’s 613). That which prohibits
prescription property, corporeal and immovable, whereby the One which imposes the owner of the
owner of the latter must refrain from doing or Q: What are the different classifications of upon the owner of the servient estate from
Q: What are the rules in recovery of personal allowing somebody else to do or something to be easement? servient estate the doing something
property in case the true owner has lost it or done on his property, for the benefit of another A: Easements may be classified as follows: obligation of allowing which he could
been unlawfully deprived of it? person or tenement (Civil Code, Art. 613). something to be done lawfully do if the
A: The possession of movable property acquired ACCORDING TO THE PARTY GIVEN THE or of doing it himself. easement did not
in good faith is equivalent to a title. Nevertheless, An easement is also an encumbrance imposed BENEFIT (Civil Code, Art. 616) exist. (Civil Code, Art.
one who has lost any movable or has been upon an immovable for the benefit of another 616)
unlawfully deprived thereof, may recover it from immovable belonging to a different owner or for the Real Easement Personal Easement
the person in possession of the same. benefit of a community, or of one or more persons Q: What is the Doctrine of Apparent Sign?
to whom encumbered estate does not belong (Civil A personal easement A: Doctrine of Apparent Sign: Easements are
If the possessor of a movable lost or which the Code, Art. 613). An encumbrance on is an encumbrance on inseparable from the estate to which they actively
owner has been unlawfully deprived, has acquired an immovable an immovable or passively pertain. The existence of the apparent
it in good faith at a public sale, the owner cannot Q: What are the characteristics of easements? (servient estate) for (servient estate) in sign under Art. 624 is equivalent to a title. It is as if
obtain its return without reimbursing the price paid A: The characteristics of easements are: the benefit or in favor favor a group of there is an implied contract between the two new
therefor. (Civil Code, Art. 559) a. A real right – an action in rem is possible of another immovable persons or a owners that the easement should be constituted
1. Owner may recover without against the possessor of the servient (dominant estate) community (there is no since no one objected to the continued existence
reimbursement estate (Civil Code, Art. 614) dominant estate). of the windows. (Amor v. Florentino, GR No. L-
a. From possessor in bad faith b. Imposable only on another’s property (Civil Code, Art. 614) 48384, 1943)
b. From possessor in good faith—if c. Jus in re aliena – real right that may be ACCORDING TO THE MANNER IN WHICH
owner has lost or has been alienated although the naked ownership is THEY ARE EXERCISED According to Right Given
unlawfully deprived maintained 1. Right to partially use the servient estate
Continuous Discontinuous
2. Owner may recover but should reimburse d. Limitation or encumbrance on the servient (Ex. Right of Way);
Easement Easement
a. If the possessor acquired the estate for another’s benefit 2. Right to get specific materials or objects
Those the use of Those which are used
object in good faith at a public e. There is inherence or inseparability from from the servient estate;
which is or may be at intervals and
sale or auction the estate to which it belongs 3. Right to participate in ownership (Ex.
incessant, without the depend upon the acts
3. Owner cannot recover, even if he offers to f. Easements are inseparable from the easement of party wall)
intervention of any act of man. (Civil Code,
reimburse estate to which they actively or passively 4. Right to impede or prevent the
of man (Civil Code, Art. 615)
a. If the possessor acquired it in belong (Art. 617); they are transmissible, neighboring estate from performing a
cannot be alienated or mortgaged Art. 615) specific act of ownership
good faith and for value by
purchase from a merchant’s independently of the estate, or assigned to ACCORDING TO WHETHER OR NOT THEIR
store, fairs, or markets in another immovable. According to Source or Origin and
EXISTENCE IS INDICATED
accordance with the Code of g. It is indivisible (even if the tenement be Establishment of Easement
Commerce divided) Non-Apparent 1. Voluntary – constituted by will or
Apparent Easement
b. If owner by his own conduct h. Partition of either the servient or dominant Easement agreement of the parties or by a testator.
precluded form denying the estate between two or more persons does Those which are made Those which show no (Civil Code, Art. 619)
seller’s authority to sell not affect the existence of the easement known and are external indication of 2. Mixed – created partly by agreement and
c. If possessor had obtained the i. It is intransmissible (unless the tenement continually kept in their existence. (Civil partly by law
goods because he was an affected also be transmitted) view by external signs Code, Art. 615) 3. Legal – constituted by law for public use
innocent purchaser for value and j. It is perpetual (as long as the dominant that reveal the use and or for private interest. (Civil Code, Art.
holder of a negotiable document and servient estate exists unless sooner enjoyment of the 619)
of title extinguished by the causes enumerated in same. (Civil Code, Art.
the law). (Paras, supra, p. 646-647). 615) Q: How is it established?
Q: What is the definition of “unlawfully A:
deprived”? 1. By law (Legal)
A: When a possessor of an object did not 2. By the will of the owners (Voluntary)
voluntarily part with the said object. (EDCA
3. Through prescription (only for continuous Rights and Obligations of the Owners of the to cause the least inconvenience to the 6. Redemption agreed upon by dominant and
and apparent easements) (Civil Code, Art. Dominant and Servient Estate servient owner. (Civil Code, Art. 627) servient owners, such as payment of certain
619) sum, doing of an act, or other prestation.
Q: What are the rights of the dominant owner? Q: What are the rights of the servient owner?
Resultantly, when the court says that an easement A: A: In co-ownership, there is no prescription for as
exists, it is not creating one. For, even an 1. Exercise all rights necessary for the use of 1. Retain ownership of the portion on which the long as one of the co-owner exercises the
injunction cannot be used to create one as there is the easement. (Civil Code, Art. 625) easement is established, and may use it in easement (Civil Code, Art. 633).
no such thing as a judicial easement. The court 2. Make any works necessary for the use such a manner as not to affect the exercise of
merely declares the existence of an easement and preservation of the servitude; subject the easement. (Civil Code, Art. 630) Q: What is legal easement?
created by the parties. (La Vista Association v. CA, to the following conditions: (Civil Code, 2. Change the place or manner of the use of the A: Legal Easements: Those imposed by law
GR No. 95252, 1997) Art. 627) easement, provided it be equally convenient. having for their object either public use or the
a. The works shall be at his (Civil Code, Art. 629) interest of private persons. (Civil Code, Art. 634)
Q: What are the modes of acquiring expense, are necessary for the 3. Use the property subject of the easement,
easements? use and preservation of the unless there is an agreement to the contrary. They shall be governed by the special laws and
A: Easement/Servitude may be acquired by: servitude; (Civil Code, Art. 628) regulations relating thereto, and in the absence
1. Title, that is, by judicial acts like law, donation, b. They do not alter or render the thereof, by the Civil Code. (Civil Code, Art. 635)
contact, will (Civil Code, Art. 620) servitude more burdensome; The owner of the servient estate retains the
2. Prescription of 10 years through adverse c. The dominant owner, before ownership of the portion on which the easement is Q: What are voluntary easements?
possession or frequent exercises (Civil Code, making the works, must notify the established and may use the same in such a A: Voluntary Easements: Those which may be
Art. 620). This applies only to continuous and servient owner; and manner so as not to affect the exercise of the established by the owner of a tenement of piece of
apparent easement, either: d. They shall be done at the most easement. (Pilar Development Corporation v. land as he may deem suitable, and in the manner
a. Positive from the day the dominant convenient time and manner so Dumadag, GR No. 194336, 2013) and form which he may deem best, provided that
owner begins to exercise it, e.g. party as to cause the least he does not contravene the laws, public policy, or
wall (b) Negative from the day in inconvenience to the servient Q: What are the obligations of the servient public order. (Civil Code, Art. 688)
which notarial prohibition is made on owner owner?
servient owner e.g. not to obstruct the 3. Renounce the easement totally if he A: Q: What are the kinds of easement?
passage light desires to exempt himself from 1. Contribute to the necessary expenses in case A:
3. Deed of recognition by servient owner, e.g. contribution to necessary expenses. (Civil he uses the easement, unless there is an 1. Public – for public or communal use
right of way (Civil Code, Art. 623). Code, Art. 628) agreement to the contrary 2. Private – for the interest of private
4. Final judgment, e.g. court declares existence 4. Ask for mandatory injunction to prevent 2. Not to impair the use of the easement persons/private use, including those
in an action filed for the purpose (Civil Code, impairment of his use of the easement. 3. In case of impairment, to restore conditions to relating to (Civil Code, Art. 637-687):
Art. 623). (Resolme v. Lazo, GR No. L-8654, 1914) the status quo at his expense plus damages
Resultantly, when the court says that (Civil Code, Arts. 627-630) Q: What are the kinds of private easements?
an easement exists, it is not creating Q: What are the obligations of the dominant A: These are: (WALL-DRIP)
one. For, even an injunction cannot be owner? Q: What are the modes of extinguishment of 1. Waters
used to create one as there is no such A: easement/servitude? 2. Right of Way
thing as a judicial easement. The 1. Notify the servient owner of works A: 3. Light and View
court merely declares the existence of necessary for the use and preservation of 1. Merger in one person of the ownership of both 4. Party Wall
an easement created by the parties. the servitude. (Civil Code, Art. 627) dominant and servient estates. 5. Drainage of Building Intermediate
(La Vista Association v. CA, GR No. 2. Contribute to the necessary expenses if 2. Non-use for 10 years. Count: Distances Against Nuisance
95252, 1997) there are several dominant estates in a. Discontinuous Easement: from day 6. Lateral and Subjacent Support
5. Apparent sign established by owner of two proportion to the benefits derived from the not used,
adjoining estates. Then one estate is alienated works. (Civil Code, Art. 628) b. Continuous Easement: from day an Q: What are easements relating to waters?
and the easement continuous actively or 3. Cannot alter or impose added burden on act contrary to easement happens A: Easement Relating to Waters: Lower estates
passively unless at the time of division, it is the easement. (Civil Code, Art. 627) 3. Dominant and/or servient estates fall into are obliged to receive:
provided that the easement will cease or the a. Cannot use the easement except condition wherein the easement cannot be 1. The waters which naturally and without
sign removed before execution of deed (Civil for benefit originally contemplated used, e.g. flood permanently submerging the the intervention of man descend from the
Code, Art. 624). b. In easement of right of way, he land. If the easement is revived, it has not yet higher estates; as well as
cannot increase the agreed width prescribed. 2. Stones or earth which they carry with them
of the path nor deposit soil or 4. Expiration of term or fulfillment of condition, in
materials outside the boundaries conditional or temporary easement. Q: What acts cannot be done by owners of
agreed upon 5. Renunciation by dominant owner lower estates and higher estates?
4. Choose the most convenient time and A: Owner of the lower estate cannot construct
manner in making the necessary works as works, which will impede the easement, nor can
the owner of the higher estate make works, which however to payment of indemnity to the owner of Q: Who retains ownership of the portion on indefinitely deprive the owner of his
will increase the burden the servient estate (Civil Code, Art. 649) which the easement is established? proprietary rights?
A: Article 630 expressly provides that “[t]he owner A: If the easement is intended to perpetually or
Q: Are banks of rivers and streams subject to Q: What are the requisites of easements of of the servient estate retains ownership of the indefinitely deprive the owner of his proprietary
the easement of public use? right of way? portion on which the easement is established, and rights through the imposition of conditions that
A: Banks of rivers and streams, although of private A: Requisites: (OIL-PAN) may use the same in such manner as not to affect affect the ordinary use, free enjoyment and
ownership, are subject throughout their entire 1. Claimant must be an Owner of enclosed the exercise of the easement.” Thus, the owners disposal of the property or through restrictions and
length and within a zone of 3 meters along their immovable or one w/ real right of the servient estate retained ownership of the limitations that are inconsistent with the exercise
margins, to the easement of public use in the 2. No adequate outlet to public highway road right-of-way even assuming that said of the attributes of ownership or when the
general interest of navigation, floatage, fishing and 3. Right of way is Absolutely necessary encumbrance was for the benefit of the owner of introduction of structures or objects which, by their
salvage 4. Least prejudicial the dominant estate. (Mercader, Jr. vs. Bardilas, nature, create or increase the probability of injury,
5. Isolation not due to claimant’s own act GR No. 163157, 2016) death upon or destruction of life and property
Q: Are estates adjoining the banks of 6. Proper indemnity found on the land is necessary, then the owner
navigable and floatable rivers subject to Q: How much is to be returned should the right should be compensated for the monetary
easements? Q: Upon whom does the burden of proof of of way no longer be necessary? equivalent of the land (National Power Corporation
A: Estates adjoining the banks of navigable and providing the requisites lie? A: Under the law, and unlike in purchase of a vs. Tiangco, GR No. 170846, 2007).
floatable rivers are, subject to the easement of A: Burden of proof of proving the requisites is on property, should the right of way no longer be
towpath, for the exclusive service of river the owner of the dominant estate. necessary because the owner of the dominant Q: if I buy a piece of land and it is surrounded
navigation and floatage estate has joined it to another abutting on a public by other estates of the seller, is the seller
Q: How is the existence of an easement of right highway, and the servient estate demands that the obliged to provide a right of way? Is this with
Q: When can compulsory easement for of way determined? easement be extinguished, the value of the or without indemnity?
drawing of water and for watering animals be A: In determining the existence of an easement of property received by the servient estate by way of A: Yes, the seller is obliged without indemnity.
imposed? right of way, the requirement of "least prejudicial to indemnity shall be returned in full to the dominant Whenever a piece of land acquired by sale,
A: Compulsory easements for drawing of water the servient estate" trumps "distance between the estate. (De Guzman v. Filinvest Development exchange or partition, is surrounded by other
and for watering animals can be imposed for dominant estate and the public highway." Distance Corporation. GR No. 191710, 2015) estates of the vendor, exchanger, or co-owner, he
reasons of public use in favor of a town or village, is considered only insofar as it is consistent to the shall be obliged to grant a right of way without
after payment of the proper indemnity requirement of least prejudicial. (Reyes v. Q: What kind of servitude is required to be indemnity. (Civil Code, Art. 652)
Valentin, G.R. No. 194488, 2015) recognized by a private owner in favor of the
Q: What are the obligations connected to the government? Note: In case of a simple donation, the donor shall
use of water? Q: What is the rule on indemnity? A: The only servitude which a private owner is be indemnified by the donee for the establishment
A: Use of any water by anyone can be disposed by A: Not compulsory if the isolation of the immovable required to recognize in favor of the government is of the right of way. (Civil Code, Art. 652)
having the water flow through the intervening is due to the proprietor’s own acts. the easement of a public highway, way, private
estates but is obliged to do the following: way established by law, or any government canal Q: If the seller’s property was enclosed after I
1. Prove that he can dispose of the water and Q: How is legal or compulsory right of way or lateral that has been pre-existing at the time of bought the other properties of the seller which
that it is sufficient for the use intended extinguished? the registration of the land. If the easement is not surrounded the subject enclosed property,
2. Show that the proposed right of way is the A: pre-existing and is sought to be imposed only after may the seller demand for me to provide a right
most convenient and least onerous to 3rd 1. When the dominant estate is joined to another the land has been registered under the Land of way? Is this with or without indemnity?
persons estate (such as when the dominant owner Registration Act, proper expropriation proceedings A: Yes, the seller may demand a right of way after
3. Indemnify the owner of the servient estate in bought an adjacent estate) which is abutting a should be had, and just compensation paid to the payment of indemnity to the buyer of the
the manner determined by the laws and public road, the access being adequate and registered owner. (Eslaban v. Vda. De Onorio, GR surrounding properties. (Civil Code, Art. 653)
regulations convenient No. 146062, 2001)
2. When a new road is opened giving access to Note: The donor shall not be liable for indemnity
Q: What is the easement of aqueduct? the isolated estate Q: Is the easement of right of way continuous? (Civil Code, Art. 653)
A: Easement of aqueduct is continuous and 3. In both cases: must substantially meet the A: Easement of right of way is discontinuous. It
apparent even though the flow of water may not be needs of the dominant estate. Otherwise, the may be exercised only if a person passes or sets Q: What is the easement of light and view?
continuous (Civil Code, Arts. 637-638) easement may not be extinguished. foot on somebody else’s land. An easement of A: Easement of Light and View: Period of
4. Extinguishment NOT ipso facto; the servient right of way of railroad tracks is discontinuous prescription for the acquisition shall be counted:
Q: What are easements of right of way? estate may demand; if he chooses not to, the because the right is exercised only if and when a 1. From the time of opening of the window, if
A: Easement of Right of Way: Right granted to a easement remains and he has no duty to train operation by a person passes over another’s through a party wall
person or class of persons to pass over the land of refund indemnity property. (Bomedco v. Valdez, GR No. 124699, 2. From the time of the formal prohibition
another by using a particular pathway therein, to 5. If extinguished, must return the amount 2003) upon the proprietor of the adjoining land, if
reach the former’s estates, which have no received as indemnity to the dominant owner window is through a wall on the dominant
adequate outlet to a public highway, subject, without any interest. Interest shall be deemed Q: What is the right of the owner if the estate (Civil Code, Art. 668)
in payment for the rent. easement is intended to perpetually or
Q: How can an easement of light and view be Q: What is nuisance per se? Q: What is an attractive nuisance?
acquired? A: Nuisance per se is one which is a nuisance at A: As explained in the case of Hidalgo v. Q: What is the effect on successors?
A: An easement of light and view can be acquired all times and under any circumstances, regardless Balandan, the doctrine may be stated, in short, as A: The successor, to be held liable, must
through prescription of 10 years counting from the of location or circumstances, such as a house follows: One who maintains on his premises knowingly fail or refuse to abate the nuisance
time when the owner of the dominant estate constructed on a public street or a fishpond dangerous instrumentalities or appliances of a
formally prohibits, through a notarial instrument, obstructing creek. character likely to attract children in play, and who Q: What is the rule on criminal prosecution?
the adjoining lot owner from blocking the view of a fails to exercise ordinary care to prevent children A: Criminal prosecution is only a remedy against a
window located within the dominant estate. Squatting is unlawful and the grant of the permits from playing therewith or resorting thereto, is liable public nuisance. In private nuisance, criminal
(Alolino v. Flores,GR No. 198774, 2016) fosters moral decadence. The houses are public to a child of tender years who is injured thereby, prosecution is NOT a remedy. However, if indeed
nuisance per se and they can be summarily even if the child is technically a trespasser in the a crime has been committed, as defined by the
Q: What is the doctrine of apparent sign under abated, even without the aid of the courts. The premises. Revised Penal Code, criminal prosecution can
Art. 624? squatters can, therefore, be ousted. (City of Manila proceed. (Paras, p. 751)
A: Originally no true easement exists here v. Gerardo Garcia, et al. GR No. L-26053, 1967) The principle reason for the doctrine is that the
because there is only one owner. Hence, before condition or appliance in question although its Q: What is judgment with abatement?
the alienation, there is no true easement. Q: What are nuisance per accidens? danger is apparent to those of age, is so enticing A: Besides being held liable for damages or being
A: Nuisance per accidens becomes a nuisance by or alluring to children of tender years as to induce sentenced to the penalty, the Court may also order
However, after alienation there arises an reason of circumstances, location or surroundings. them to approach, get on or use it, and this to abate the nuisance.
easement if the sign continues to remain there It is not a nuisance by its nature but it may become attractiveness is an implied invitation to such
unless there is a contrary agreement. (Civil Code, so by reason of locality, surrounding, or children (Hidalgo v. Balandan, G.R. No. L-3422, Q: What is extrajudicial abatement?
Art. 624) circumstances (e.g. slaughter house). 1952). A: Any person injured by a private nuisance may
abate it by removing, or if necessary, by destroying
NOTE: There is no easement if the sign is Q: What are the liabilities? Q: What are the remedies against public the thing which constitutes the nuisance, without
removed or if there is an agreement to this effect A: He who creates a nuisance is liable for the nuisance? committing a breach of the peace or doing
(Civil Code, art. 624). resulting damages and his liability continues as A: The remedies against a public nuisance are: unnecessary injury. However, it is indispensable
long as the nuisance continues. 1. Criminal prosecution under the Revised that the procedure for extrajudicial abatement of a
This article does not apply in case both estates or Penal Code or a local ordinance; public nuisance by a private person be followed.
both portions are alienated to the same owner, for Every successive owner or possessor of property 2. Civil action, including damages; (Civil Code, Art. 706)
then there would be no true easement unless there who fails or refuses to abate a nuisance in that 3. Abatement, summary and without judicial
is a further alienation, this time, to different property started by a former owner or possessor is proceedings Note: An extrajudicial abatement can only be
owners. liable therefor in the same manner as the one who applied for if what is abated is a nuisance per se
created it (Civil Code, Art. 696). Q: What is abatement? and not nuisance per accidens.
f.1. NUISANCE A: Abatement is the exercise of police power which
Q: When can a successor to the property be includes the right to destroy property regarded as Q: What are the requisites for extrajudicial
Q: What is a nuisance? held liable? a public health and safety, and there is accordingly abatement?
A: Nuisance – is any act, omission, establishment, A: The successor, to be held liable, must no obligation for compensation. A: Requisites for extrajudicial abatement:
business, condition of property, or anything else knowingly fail or refuse to abate the nuisance. 1. The nuisance must be specially injurious to the
which: Q: What are the remedies against private private person affected
1. Injures or endangers the health or safety of Q: Is there a prescription to legalize nuisance? nuisance? 2. No breach of peace or unnecessary injury is
others A: Lapse of time cannot legalize any nuisance, A: The remedies against a private nuisance are committed
2. Annoys or offends the senses whether public or private (Civil Code, Art. 689). the same as in the case of public nuisance, except 3. Demand has been made upon the owner or
3. Shocks, defies or disregards decency or that criminal prosecution is not allowable. Hence possessor of the property to abate the
morality Q: What is the effect of lapse of time? the only remedies are a civil action and abatement nuisance
4. Obstructs or interferes with the free passage A: The action to abate a public or private nuisance without judicial proceedings (extrajudicial 4. Demand has been rejected
of any public highway or street, or any body of is not extinguished by prescription (Civil Code, Art. abatement) (Civil Code, Art. 705). 5. Abatement must be approved by the district
water 1143[2]). health officer and executed with the
5. Hinders or impairs the use of property (Civil Q: What is the effect on owners? assistance of the local police
Code, Art. 694) Q: What is the exception? A: Owner of nuisance property is not entitled to 6. Value of the destruction does not exceed
A: Arts. 698 and 1143(2) do not apply to compensation. (Civil Code, Art. 436) P3,000 (Civil Code, Art. 704)
Based on case law, the term “nuisance” is deemed easements which are extinguished by obstruction
to be “so comprehensive that it has been applied and non- user for ten years. (See Civil Code, Art. Q: What is the effect on subsequent owners? Q: When is a private person or a public official
to almost all ways which have interfered with the 631). A: Subsequent owner of the property, having full extrajudicially abating a nuisance be held
rights of the citizens, either in person, property, the knowledge of the existence of the nuisance and liable for damages to the owner of the thing
enjoyment of his property, or his comfort.” (Rana did not remove the nuisance, is solidarily liable for abated?
vs. Uy, GR No. 192861 & 192862, 2014) the injuries and damages caused. A:
1. If he causes unnecessary injury;
2. If an alleged nuisance is later declared by the e. If public nuisance, it must be specially 4. Intellectual creation (Acap v. CA, G.R. No. A:
courts to be not a real nuisance. (Civil Code, injurious to him (Civil Code, Art. 704) 118114, 1995) 1. Convey no title or ownership to the transferee
Art. 707) before the death of the transferor;
Q: What is the right of a person to damages Q: What are the derivative modes of acquiring 2. Transfer should be revocable at will before the
Q: What is the procedure to be followed by the caused by a nuisance? ownership? donor’s death;
DPWH in order to satisfy the standards of due A: A person may maintain an action for damages A: 3. Transfer should be void if the transferor should
process pursuant to the AO issued by the caused by a nuisance. If the nuisance is temporary 1. Succession mortis causa; survive the transferee;
President which states that the DPWH may or recurrent in character, each repetition of it gives 2. Tradition as a result of certain contracts 4. Specification in a deed of the causes whereby
abate the billboards for being public nuisance rise to a new cause of action. The remedies of such as sale, barter, donation, assignment the act may be revoked indicates that the
if it is specially injurious to it? abatement and damages are cumulative; hence, or mutuum (Acap v. CA, G.R. No. 118114, donation is inter vivos;
A: both may be demanded. Even if nuisance no 1995). 5. Designation of the donation as mortis causa
1. That demand be first made upon the owner or longer exists, the aggrieved person may still are not controlling criteria and should be
possessor of the property to abate the pursue a civil action for damages suffered during Q: What are the formal requisites of a contract construed together with the rest of the
nuisance; the existence of the nuisance. of donation for immovable properties? instrument; and
2. That such demand has been rejected; A: The formal requisites are: 6. In case of doubt, the conveyance should be
3. That the abatement be approved by the district Q: What are the possible defenses against an 1. To be valid, the donation must be: deemed donation inter vivos rather than mortis
health officer and executed with the action for damages and/or abatement of a a. In a public document; causa (Villanueva v. Spouses Branoco, G.R.
assistance of the local police and nuisance? b. Specifying the property donated and 172804, 2011).
4. That the value of the destruction does not A: the value of the charges which the
exceed three thousand pesos. (Department of 1. Estoppel donee must satisfy Q: What are donations inter vivos?
Public Works and Highways v. City a. One who voluntarily places himself in 2. Acceptance must be done: A: When the donor intends that the donation shall
Advertising Ventures Corp., G.R. No. 182944, a situation whereby he suffers an a. In the same deed of donation or in a take effect during the lifetime of the donor, though
2016). injury will not be heard to say that his separate public document; the property shall not be delivered until after the
damage is due to a nuisance b. During the lifetime of the donor. donor’s death. The fruits of the property from the
Q: When may a private person sue on account maintained by another time of the acceptance of the donation, shall
of a public nuisance? 2. The non-existence of the nuisance If done in a separate instrument, the donor shall pertain to the donee, unless the donor provides
A: 3. Impossibility of abatement be notified in an authentic form and such step is otherwise (Civil Code, Art. 729).
a. Ordinarily, it is the mayor who must bring 4. Public necessity (Paras, p. 752) noted in both instruments (Civil Code, Art. 749).
the civil action to abate a public nuisance Q: When is a donation perfected?
b. But a private individual can also do so, if Q: Who may sue on private nuisance? Q: What are the formal requisites of a contract A: From the moment the donor knows of
the public nuisance is SPECIALLY A: Any person injured by a private nuisance may of donation for movable properties? acceptance by the donee (Civil Code, Art. 734).
INJURIOUS to himself. file a civil action or cause the summary abatement A: (Civil Code, Art. 748) The donee must accept the donation personally,
i. The action may be for injunction, thereof. Possession of the real estate alone is 1. If the value of the property is P5,000 or less: or through an authorized person with a special
abatement, or for damages. (Civil sufficient to sustain an action. Legal title is not a. Orally, provided simultaneous power for the purpose, or with a general and
Code, Art. 703, Paras, p. 750) necessary. delivery, of the thing or of the sufficient power; otherwise, the donation shall be
document representing the right void (Civil Code, Art. 745). Acceptance must be
Q: What are the requirements for abatement of f.2. MODES OF ACQUIRING OWNERSHIP donated, whether actual or made during the lifetime of the donor and of the
a public nuisance by a private person? constructive, is made; or donee (Civil Code, Art. 746).
A: Q: What are the modes of acquiring b. In writing, without need of
1. Any private person may abate a public ownership? (OLD TIPS) simultaneous delivery Q: What are the classification of donations?
nuisance which is specially injurious to him by A: 2. If the value of the property exceeds P5,000: A: Donations, according to its purpose or cause,
removing, or if necessary, by destroying the 1. Occupation; a. Both donation and acceptance must may be categorized as:
thing which constitutes the same, without 2. Law; be made in writing. Otherwise, it is 1. Pure or Simple
committing a breach of the peace, or doing 3. Donation; void. • Where the underlying cause is
unnecessary injury. 4. Tradition; plain gratuity. This is donation in
2. But it is necessary that: 5. Intellectual Creation; Q: What are donations mortis causa? its truest form
a. Demand has been made upon the 6. Prescription; A: Donations which are to take effect upon the 2. Remuneratory or Compensatory
owner or possessor of the property to 7. Succession (Civil Code, Art. 712) death of the donor partake the nature of • One made for the purpose of
abate the nuisance testamentary provisions and shall be governed by rewarding the donee for past
b. Demand has been rejected Q: What are the original modes of acquiring the rules on Succession (Civil Code, Art. 728). services, which services do not
c. Abatement be approved by the district ownership? amount to a demandable debt
health officer and executed with the A: Q: What are the distinguishing characteristics 3. Conditional or Modal
assistance of the local police 1. Occupation of donations mortis causa? • One where the donation is made
d. Value of the destruction does not 2. Acquisitive prescription in consideration of future services
exceed P3,000 3. Law
or where the donor imposes 4. OBLIGATIONS existed between the parties (Cangco v.
certain conditions, limitations or Q: When may a donation be revoked by reason Manila Railroad Co., G.R. No. L-12191,
charges upon the donee, the of ingratitude? Q: What is an Obligation? Oct. 14, 1918);
value of which is inferior than that A: A: An obligation is a juridical necessity to give, to 2. If the act that breaks the contract may also
of the donation given 1. If the donee should commit some offense do or not to do. (Civil Code, Art. 1156) be a tort (Air France v. Carrascoso, G.R.
4. Onerous against the person, the honor or the No. L-21438, Sept. 28, 1966).
• That which imposes upon the property of the donor, or of his wife or Q: What are the essential elements of an
donee a reciprocal obligation or, children under his parental authority; obligation? (Civil Code, Art. 1156 – 1162) When the obligation is based on a contract,
to be more precise, this is the kind 2. If the donee imputes to the donor any (PAVO) without which the obligation does not exist, the
of donation made for a valuable criminal offense, or any act involving A: cause of action must be founded on the breach of
consideration, the cost of which is moral turpitude, even though he should 1. Passive Subject (obligor/debtor): person contract and cannot be based on quasi-delict
equal to or more than the thing prove it, unless the crime or the act has who has the duty of giving, doing or not (PSBA v. Court of Appeals, G.R. No. 84698, Feb.
donated been committed against the donee doing; person bound to the fulfillment 4, 1992).
(CJ Yulo and Sons v. Roman Catholic Church, G. himself, his wife or children under his 2. Active Subject (obligee/creditor): person
R 133705, 2005) authority; in whose favor the obligation is In Air France, what was punished was the
3. If he unduly refuses him support when the constituted; person entitled to make a company’s racist policy which emboldened the
Q: What are the grounds to reduce or revoke a donee is legally or morally bound to give demand manager to expel the Filipino from first class
donation in? support to the donor. (Civil Code, Art. 765) 3. Vinculum Juris/ Legal Tie: the efficient because a white man had a better right to the seat.
A: Every donation inter vivos, made by a person cause or the juridical tie between two Air France would apply if the act which breaches a
having no children or descendants, legitimate or Q: What are the prescriptive periods to reduce subjects by reason of which the debtor is contract was done in bad faith and amounts to a
legitimated by subsequent marriage, or or revoke a donation? bound in favor of the creditor to perform violation of Article 21 of the Civil Code.
illegitimate, may be revoked or reduced as A: the obligation. It can be established by
provided in the next article, by the happening of various sources of obligations (law, Q: What are the requisites to be in legal
any of these events: 1 year from the time the contract, quasi-contracts, delicts, and delay/default?
Renunciation of
1. If the donor, after the donation, should have donor had knowledge of quasi-delicts) and may arise either from A:
the action to
legitimate or legitimated or illegitimate the fact and it was bilateral or unilateral acts of persons. 1. Obligation is Demandable
rescind a
children, even though they be posthumous; possible for him to bring 4. Object/ Subject Matter: the prestation or 2. Debtor Delays performance
donation is based
2. If the child of the donor, whom the latter the action. (Civil Code, conduct which has to be observed by the 3. Creditor Demands performance judicially
on ingratitude
believed to be dead when he made the Art. 769) debtor/obligor; to be valid, it must be: or extrajudicially (Civil Code, Art. 1169)
donation, should turn out to be living; 10 years from the time (LiPoDeM)
Reduction of
3. If the donor subsequently adopt a minor child. the right of action a. Licit Q: Once the obligor incurs in delay, is he liable
inofficious
accrues (Civil Code, Art. for payment of interest as an indemnity for
donations b. Possible
The donation shall be revoked or reduced insofar 1144) damages?
as it exceeds the portion that may be freely c. Determinate/ Determinable A: Yes. If the obligation consists in the payment of
disposed of by will, taking into account the whole d. Must have pecuniary value a sum of money, and the debtor incurs in delay,
estate of the donor at the time of the birth, (DESIDERIO P. JURADO, COMMENTS the indemnity for damages, there being no
appearance or adoption of a child. AND JURISPRUDENCE ON stipulation to the contrary, shall be the payment of
OBLIGATIONS AND CONTRACTS 457 the interest agreed upon, and in the absence of
Q: What are the other grounds to reduce a (2010)) stipulation, the legal interest, which is six per cent
donation? per annum. (Rivera v. Spouses Chua, G.R. No.
A: Q: When may a quasi-delict be used as a cause 184458, Jan. 14, 2015)
1. Inofficiousness of action despite a pre-existing contractual
2. If insufficient property is left for the support relation? Q: What are the four (4) instances when
of the donor and his relatives (Civil Code, A: demand is not necessary to constitute the
Art. 771) General Rule: Actions based on breach of debtor in default? (ELMU)
contract and actions based on quasi-delicts differ A:
Q: What are the other grounds to revoke a in terms of conditions, defenses, and proof. They 1. When there is an Express stipulation to
donation? cannot co-exist. (Orient Freight v. Keihin, G.R. No. that effect;
A: The other grounds to revoke a donation are: 191937, Aug. 9, 2017) 2. Where the Law so provides;
1. Inofficiousness (Civil Code, Art. 760); 3. When the period is the controlling Motive
2. Failure to comply with the condition Exceptions:
or the principal inducement for the
imposed upon the donee (Civil Code, Art. 1. When the same act which constitutes a
creation of the obligation; and
764); and acts of ingratitude by the donee breach of the contract would have
constituted the source of an extra- 4. Where the demand would be Useless.
(Civil Code, Art. 765).
contractual obligation had no contract
In the first two, it is not sufficient that the law or Q: A’s warehouse was razed by fire. It had a debtor and a creditor of the other at the same time, PINEDA, OBLIGATIONS AND CONTRACTS 129
obligation fixes a date for performance; it must long-term supply contract for 10 years to such that the obligations of one are dependent (2009))
further state expressly that after the period lapses, deliver sugar to X, which provides that the upon the obligations of the other. They are to be
default will commence. (Civil Code, Art. 1169) former will deliver to the latter sugar every so performed simultaneously, so that the Q: May an obligation be considered indivisible
often. Due to the fire, A was not able to make performance by one is conditioned upon the even if the object is physically divisible?
Q: What are the requisites of Fortuitous deliveries for a period of 1 year during the 10- simultaneous fulfillment by the other. Furthermore, A: Yes. Article 1225 of the New Civil Code states
Events? (NIU) year period. Can A be compelled to deliver neither party incurs in delay if the other does not that even though the object or service may be
A: sugar on the 11th year considering its failure to comply or is not ready to comply in a proper physically divisible, an obligation is indivisible if so
1. Event must be Independent of obligor’s comply with its obligation for 1 year? manner with what is incumbent upon him. From provided by law or intended by the parties. The
will; A: No. The occurrence of such a fortuitous event the moment one of the parties fulfills his obligation, indivisibility of an obligation is tested against
2. Event is Unforeseeable or unavoidable will not extend the period of the contract beyond delay by the other begins. (Civil Code, Art. 1169) whether it can be the subject of partial
3. Such event renders it Impossible for the its fixed period. This is because the obligor was performance. An obligation is indivisible when it
debtor to perform (not only makes it excused from performance during the period when Q: When does the obligation arise in the cannot be validly performed in parts, whatever
difficult, but impossible) the fortuitous events prevented it from performing following: may be the nature of the thing which is the object
4. No contributory negligence (Lasam v. its obligations. (Victorias Planters Association v. A: thereof. The indivisibility refers to the prestation
Smith, G.R. No. L-19495, Feb. 2, 1924) Victorias Milling, G.R. No. 6648, Jul. 25, 1955) 1. Pure obligation: Upon demand (Civil Code, and not to the object thereof. (Civil Code, Art.1225;
Art. 1179) Hector S. De Leon & Hector M. De Leon, Jr.,
As a general rule, loss due to fortuitous events Q: What is a potestative condition? Comments and Cases on Obligations and
shall extinguish the obligation. (CIVIL CODE, art. A: A condition that is dependent on the sole will of 2. Obligations with Suspensive Condition Contracts 249, 2014; see also Lam v. Kodak, G.R.
1174) a party. A potestative suspensive condition No. 167615, Jan. 11, 2016)
dependent on the sole will of the debtor is void. If General Rule: Only from the time the
it is resolutory, it is valid. (EDGARDO L. PARAS, CIVIL condition is fulfilled, but the obligation Q: What is the effect of breach in joint
CODE OF THE PHILIPPINES ANNOTATED: retroacts to the day of its constitution. (Civil indivisible obligations?
PRESCRIPTION; OBLIGATIONS AND CONTRACTS 201 Code, Art. 1187) A: If one of the joint debtors fails to comply with his
(2016)) undertaking, the obligation can no longer be
Exception: Regarding fruits and interests in fulfilled or performed. Consequently, it is
reciprocal obligations (even if the two converted into one of indemnity for damages.
Q: What is the difference between suspensive or resolutory condition and term or period? reciprocal obligations are not of the same Innocent joint debtor shall not contribute to the
value), the parties are deemed as mutually indemnity beyond their corresponding share of the
CONDITION TERM or PERIOD compensated during the pendency of the obligation. (Civil Code, Art.1224)
Suspensive It may or may not happen, hence It is certain that it will happen; just uncertain condition.
uncertain whether there is an obligation as to when it will happen. Q: What is the rule on solidary obligations?
Resolutory It is not certain if the obligation will It is certain that it will terminate at a future 3. Obligations subject to a Resolutory A: It must be expressed in stipulation or provided
terminate at all. time. Condition/Period: No obligation to deliver by law or by nature of obligation. Otherwise, it will
(HECTOR S. DE LEON & HECTOR M. DE LEON, JR., COMMENTS AND CASES ON OBLIGATIONS AND CONTRACTS fruits since performance or delivery is be considered a joint obligation/credit. The
191 (2014)) immediate, subject to its resolution upon the presumption is that an obligation is always joint.
happening of the condition/period. (Civil Code, (Civil Code, Art.1207)
Q: When shall a debtor/obligor lose the benefit 5. Debtor Attempts to abscond (mere Art. 1187)
of the period (therefore may be compelled to attempt sufficient, because if actual Words denoting solidarity include “jointly and
pay immediately)? (FAt-VISA): abscondment is to be awaited, creditor Q: What does a “day certain” refer to in severally” (most common); “individually and
1. Debtor becomes Insolvent (when his can no longer collect; and obligations with a period or a term? collectively”; “severally”; “individually”;
assets are less than his liabilities) 6. With an Acceleration clause stipulation A: “collectively”; “separately”; “distinctively”,
Exception: When he gives security for the Applies to obligations payable in (a) A future AND certain event; or “individually liable” and “individually and jointly”.
obligation installments or based on amortization (b) Payable when able, or when debtor promises (Ronquillo v. Court of Appeals, G.R. No. L-55138,
2. Failure to create or establish the security schedule, where stipulation says that to pay when “his means permit him to do so” Sept. 28, 1984)
promised; failure to pay one or some installments or – period is to be fixed by the court, taking into
3. When Security established but is later amortizations will entitle creditor to account intention of the parties (ERNESTO L.
impaired (through fault of debtor) or totally accelerate payment – i.e., to call for the
lost (due to fault of debtor or fortuitous payment on the entire remaining unpaid
events). obligation. (Civil Code, Art. 1198)
Unless: Debtor provides another security
of equal value; Q: What are reciprocal obligations?
4. Violation of any undertaking on the basis A: Reciprocal obligations are those that arise from
of which, period is granted; the same cause, and in which each party is a
Q: Distinguish Indivisibility from Solidarity. despite its incompleteness or irregularity creditor cannot be compelled to accept them
A: and without expressing any protest or (unless such is stipulated as the mode of
INDIVISIBILITY SOLIDARITY correction (Civil Code, Art. 1235); payment).
Refers to the prestation which constitutes the object of Refers to the legal tie and consequently to the 3. In cases involving divisible obligations
the obligation subjects or parties of the obligation capable of partial performance. (ERNESTO Creditor, however, has the option to accept
Plurality of subjects is NOT required Plurality of subjects is indispensable L. PINEDA, OBLIGATIONS AND CONTRACTS payment in checks of any kind. If the creditor
(HECTOR S. DE LEON & HECTOR M. DE LEON, JR., COMMENTS AND CASES ON OBLIGATIONS AND CONTRACTS 192-193 (2009)) accepts the check or no prompt objection to the
225 (2014)) form of payment is made, there is valid tender of
Q: What is the principle of substantial payment and creditor can no longer claim later that
Q: Distinguish a Solidary Debtor from a Surety. performance? payment is not in legal tender. (Pabugais v.
A: A: If the obligation has been substantially Sahijwani, G.R. No. 156846, Feb. 23, 2004)
SOLIDARY DEBTOR SURETY performed in good faith, the obligor may recover
With principal liability With primary liability: can be made to pay only as though there had been a strict and complete Q: When can the delivery of a check produce
when principal debtor does not pay fulfillment, less damages suffered by the obligee. the effect of payment?
Pays for full amount and can seek reimbursement If he pays the full amount, he may recover the This is the basis of the rule that if the breach is only A: Only when they have been cashed, or when
from other solidary debtors FULL amount from principal debtors slight, the obligee cannot resolve or cancel the through the fault of the creditor they have been
Extension of time granted to other solidary debtors w/o Extension of time granted to principal debtor w/o obligation. Generally, the courts will grant the impaired. (Civil Code, Art. 1249)
his consent does not release him his consent releases him obligor a certain time to make up for the slight
Can be made to pay the full amount Can bind himself for less than the full amount of breach. The “damages suffered by the obligee” NOTE: When payment in check is accepted, it
the obligation refers to the deficiency which the obligee is still produces the effect of payment only when the
entitled to collect. (Civil Code, Art. 1234; 4 ARTURO check is cleared (retroacts to the date the check
(HECTOR S. DE LEON & HECTOR M. DE LEON, JR., COMMENTS AND CASES ON OBLIGATIONS AND CONTRACTS
M. TOLENTINO, COMMENTARIES AND JURISPRUDENCE was deposited) and the funds are transferred to
222-223 (2014))
ON THE CIVIL CODE OF THE PHILIPPINES 277 (1991)) the account of the creditor. Stale checks (those not
Substantial performance is applied only when the presented for payment within 6 months from date
Q: What is the rule on reimbursement among Q: What is the principle of constructive
obligor admits breaching the contract after of check) do not produce the effect of payment and
solidary debtors under Article 1217 of the Civil fulfillment of a condition?
honestly and faithfully performing all the material debtor can be required to issue a new check or pay
Code? A: When the obligor voluntarily or intentionally
elements thereof except for some technical in cash since the obligation is not yet deemed paid.
A: Once creditor is paid in full, the obligation is prevents the fulfillment of the condition, the
aspects or deficiency that cause no serious harm Debtor cannot however be liable for interest or
extinguished, and the debtor who pays is entitled condition shall be deemed fulfilled. (Civil Code,
to the obligee. (International Hotel Corporation v. penalty and cannot be declared in default since
to reimbursement from others, as if joint (based on Art.1186)
Joaquin Jr., G.R. No. 158361, Apr. 10, 2013). creditor could have immediately presented it for
agreed sharing or if not, equal). (Civil Code, Art.
payment. It is only in cases where the value is
1217) Q: What are the principal modes of
Q: What are the requisites of substantial impaired through creditor’s fault (i.e., creditor
extinguishments of obligations? (PaL-
performance? (GoSTeM): misplaced the check and someone else encashed
When one of the solidary debtors cannot, because CoCoCo-No)
A: it), that the debtor is deemed to have paid his
of his insolvency, reimburse his share to the debtor A:
1. Attempt in Good faith to perform without obligation without having to issue a new check or
paying the obligation, such share shall be borne by 1. Payment or performance
willful or intentional departure paying in cash. (Evangelista v. Screenex, Inc.,
all his co-debtors, in proportion to the debt of each. 2. Loss of the thing due
2. Deviation is Slight G.R. No. 211564, Nov. 20, 2017)
(Civil Code, Art. 1217) 3. Condonation or remission of debt
3. Omission/Defect is Technical or
4. Confusion or merger of rights
unimportant Q: Article 1176 provides that: “The receipt of
Q: When may a penalty substitute damages? 5. Compensation
4. Must not be so Material that intention of the principal by the creditor, without
A: 6. Novation (Civil Code, Art. 1231)
parties is not attained. (International Hotel reservation with respect to the interest, shall
General rule: The penalty fixed by the parties
Corporation v. Joaquin Jr., G.R. No. give rise to the presumption that said interest
takes the place of all damages and interests in Q: What is the principle of integrity of payment
158361, Apr. 10, 2013) has been paid.” Article 1253 states that: “If the
case of breach. (Civil Code, Art. 1226) or performance of obligations?
debt produces interest, payment of the
A: As a general rule, a debt shall not be deemed
Q: A obtained a loan from B in the amount of principal shall not be deemed to have been
Exceptions: (StiRF) paid UNLESS the thing or service of which the
Php 200,000.00. On due date, A offered to pay made until the interests have been covered.”
1. When by Stipulation of the parties, penalty, IN obligation consists of has been completely
the entire amount through a manager’s check. How are these two rebuttable presumptions
ADDITION to interest, may be collected; delivered or rendered, as the case maybe. Civil
B refused demanding payment in cash. A reconciled?
2. When the debtor is sued for Refusal to pay the Code, Art. 1233)
countered by arguing that the manager’s A: Article 1176 should be treated as a general
agreed penalty; and
check is good as cash. Can B be compelled to presumption subject to the more specific
3. When debtor is guilty of Fraud. (Civil Code, The exceptions are:
accept the payment of B? presumption under Article 1253. Article 1176
Art. 1226) 1. When the obligation has been
A: No. Payment must be in legal tender (Civil applies when there is doubt as to whether interest
substantially performed in good faith (Civil
Code, Art. 1249). Personal checks, Cashier’s or is waived because the creditor accepts the
Code, Art. 1234);
Managers checks are NOT legal tender, so a payment for the principal without reservation with
2. When the obligee accepts performance
respect to the interest. Here, the creditor is A: Dation in payment extinguishes the obligation Q: How does Art. 1267 of the Civil Code (i.e., only if both obligations are liquidated. (Lao v.
presumed to have waived the right to collect to the extent of the value of the thing delivered, where an obligor is released in whole or in part Special Plans, Inc., G.R. No. 164791, June 29,
interest. Article 1254 has no issue on waiver of either as agreed upon by the parties or as may be of his obligation when the service has become 2010)
interest because it is a given under this Article that proved, unless the parties by agreement – express so difficult as to be manifestly beyond the
the debt produces interest. The doubt is on or implied, or by their silence – consider the thing contemplation of the parties) apply? (FoDAF) Q: Can a taxpayer’s tax due to the government
whether the amount received by the creditor is as equivalent to the obligation, in which case the A: be offset or be compensated with the debt of
payment for the principal or the interest. Article obligation is totally extinguished. (Tan Shuy v. 1. The event or change could not have been the government due to a taxpayer?
1253 resolves this doubt by providing a hierarchy: Maulawin, G.R. No. 190375, Feb. 8, 2012) Foreseen at the time of the execution of A: No. Taxes cannot be subject to compensation
payments shall first be applied to the interest; the contract for the simple reason that the government and the
payment shall then be applied to the principal only Q: Differentiate Dation in Payment from 2. The performance is extremely Difficult, but taxpayer are not creditors and debtors of each
after the interest has been fully paid. (Marquez v. Cession in Payment NOT impossible (because if it is other. There is a material distinction between a tax
Elisan Credit Corporation, G.R. No. 194642, Apr. A: impossible, it is extinguished by and debt. Debts are due to the Government in its
6, 2015) Dation in Payment Cession in Payment impossibility) corporate capacity, while taxes are due to the
(Art. 1245) (Art. 1255) 3. The event was not due to the Act of any of Government in its sovereign capacity. (United
Q: What is dacion en pago? One creditor Plurality of creditors the parties Airlines, Inc. v. Commissioner of Internal Revenue,
A: Dacion en pago or dation in payment is a mode NOT necessarily in Debtor must be 4. The contract is for a Future prestation (4 G.R. No. 178788, Sept. 29, 2010)
of extinguishing an obligation whereby the debtor state of financial insolvent ARTURO M. TOLENTINO, COMMENTARIES
pays a monetary obligation with property. It is a difficulty AND JURISPRUDENCE ON THE CIVIL CODE OF Q: A, as creditor, lent Php. 1,000.00 to B, the
special form of payment because one element of Thing delivered is Universality of THE PHILIPPINES 347 (1991)) debtor, due 15 days after the receipt of the
payment is missing: Identity. (EDGARDO L. PARAS, considered as property of debtor is money by B. On due date, B failed to pay A. B
CIVIL CODE OF THE PHILIPPINES ANNOTATED: equivalent of what is ceded The difficulty of performance contemplated should offered that C be substituted in his place as the
PRESCRIPTION; OBLIGATIONS AND CONTRACTS 380 performance be such that one party would be placed at a debtor. C consented, while A did not. Was
(2016)) Payment extinguishes Merely releases disadvantage by the unforeseen event. Mere there a valid substitution of the debtor?
obligation to the extent debtor up to the net inconvenience, or unexpected impediments, or A: No. Novation can be done without the
Q: What are the requisites of dacion en pago? of the value of the thing proceeds of things increased expenses did not suffice to relieve the knowledge or even against the will of the original
(PAD) delivered as agreed ceded or assigned, debtor from a bad bargain. (Tagaytay Realty v. debtor, but not without the consent of the creditor
A: upon unless there is a Gacutan G.R. No. 160033, Jul. 1, 2015) (Interport Resources Corporation v. Securities
1. There must be the Performance of the contrary intention. Specialist, In. G.R. No. 154069, June 6, 2016)
prestation in lieu of payment (animo solvendi) (HECTOR S. DE LEON & HECTOR M. DE LEON, JR., Q: What are the requisites of Compensation?
which may consist in the delivery of a COMMENTS AND CASES ON OBLIGATIONS AND (LM-STD) Q: What are the requisites of novation? (VICN)
corporeal thing or a real right or a credit CONTRACTS 356-357 (2014)) A: A:
against the third person 1. Both parties must be Mutual creditors and 1. There must be a previous Valid obligation;
2. There must be some Difference between the Q: What is the effect of Impossibility of debtors - in their own right and as 2. Intent to extinguish the old and substitute
prestation due and that which is given in Performance in Obligation to Do? principals. it with the new obligation, whether
substitution (aliud pro alio) A: Debtor is released when the prestation 2. Both debts must consist in Sum of money expressed, or implied as when the two
3. There must be an Agreement between the or if consumable, of the same kind or obligations are inconsistent and cannot
becomes legally or physically impossible
creditor and debtor that the obligation is quality. stand together.
immediately extinguished (to the extent of without fault on the part of the debtor. (Civil 3. Capacity and consent of the parties to the
Code, Art. 1266) 3. Both debts are Due.
agreed valuation) by reason of the 4. Both debts are Liquidated and new obligation; and
performance of a prestation different from that demandable (determined). 4. Valid New obligation. (Garcia, Jr. v. CA,
Q: What is the principle of Rebus Sic
due. (HECTOR S. DE LEON & HECTOR M. DE 5. Neither debt must be retained in a G.R. No. 80201, Nov. 20, 1990)
LEON, JR., COMMENTS AND CASES ON Stantibus?
A:The agreement is valid only if the same controversy commenced by Third person
OBLIGATIONS AND CONTRACTS 321 (2014)) and communicated w/ debtor (neither debt Note: Novation is never presumed, there must be
conditions prevailing at time of contracting an express intention to novate. The creditor’s
is garnished). (Civil Code, Art. 1279)
Q: A Corporation bought several buses from B continue to exist at the time of performance. acceptance of another check, which replaced an
Corporation for a total amount of Php 50 Obligor may be released in whole or in part if the earlier dishonored check, does not result in
NOTE: A claim is liquidated when the amount and
million. A Corporation was only able to pay conditions have changed so that it becomes time of payment is fixed. If acknowledged by the novation where there was no express agreement
Php 10 million. To settle its outstanding manifestly beyond the intention of the parties. (4 debtor, although not in writing, the claim must be to establish that the debtor was already
balance, A Corporation offered to pay its ARTURO M. TOLENTINO, COMMENTARIES AND treated as liquidated. When the defendant, who discharged from his liability. (Salazar v. J.Y.
obligation with a parcel of land worth Php 30 JURISPRUDENCE ON THE CIVIL CODE OF THE has an unliquidated claim, sets it up by way of Brothers Marketing Corporation, G.R. No. 171998,
million in the form of dacion en pago, which B PHILIPPINES 336 (1991)) counterclaim, and a judgment is rendered Oct. 20, 2010)
Corporation accepted. Up to what extent did liquidating such claim, it can be compensated
the said dacion en pago extinguish A against the plaintiff’s claim from the moment it is
Corporation’s obligation to B? liquidated by judgment. Compensation takes place
Q: What is Subrogation? (ERNESTO L. PINEDA, OBLIGATIONS AND CONTRACTS delay. PEZA failed to deliver the trucks. The 5. CONTRACTS
A: It is defined as the transfer of all the rights of 341-343 (2009)) contract was declared as rescinded by the
the creditor to a third person, who substitutes him RTC. PEZA now asks the Court to grant a. IN GENERAL
in all his rights. (4 ARTURO M. TOLENTINO, Q: In 1996, CJH Corp constructed hotels in damages based on the penalty clause provided
COMMENTARIES AND JURISPRUDENCE ON THE CIVIL Baguio. In 2001, CJH Corp. entered into a for in the contract. On the other hand, PS Q: When is a contract perfected?
CODE OF THE PHILIPPINES 401-402 (1991)) contractor’s agreement with CC Corp. CC was argues that the penalty stipulation cannot be A:
to complete the interior and exterior painting recognized since the contract was rescinded, 1. Consensual contracts: As a general rule,
It may either be legal or convention. Legal works of unit 2E of CJH’s hotel for the price of and therefore, only mutual restitution is contracts are perfected by mere consent of
subrogation is that which takes place without Php 15.5M. This is inclusive of the price of two required. Decide. the parties regarding the subject matter and
agreement but by operation of law because of studio-type units at the hotel. The agreement A: I will rule in favor of PEZA. Rescission under the cause of the contract. (Civil Code, Arts.
certain acts (Civil Code, Arts. 1300 & 1302). contained no date of the units’ turnover, but it Article 1911 of the Civil Code results in mutual 1315, 1319) They are obligatory in whatever
Conventional subrogation is that which takes place allowed CC to choose the units for offsetting. restitution. Jurisprudence has long settled that the form they may have been entered into,
by agreement of parties (Civil Code, Arts. 1300- CC chose units 102 and 104. In 2003, CC restoration of the contracting parties to their provided all the essential requisites for their
1301). completed the painting works. CJH was only original state is the very essence of license for the validity are present. (Civil Code, Art. 1356)
able to pay the price, minus the value of the negation of contractually stipulated liquidated 2. Real contracts: The exceptions are real
Q: When is subrogation presumed? units. Therefore, CC demanded the execution damages. Article 1191 itself clearly provides that contracts, which are perfected not merely by
A: of the deed of sale and the delivery of titles of the injured party may choose between fulfillment consent but by the actual or constructive
1. Creditor pays another preferred creditor the units which CJH complied with. However, and rescission with the payment of damages in delivery of the object of the obligation. (Civil
even w/o debtor’s knowledge come 2008, CJH was still experiencing either case. When the contracting parties, by their Code, Art. 1316) (e.g. commodatum, pledge,
2. 3rd person not interested in obligation construction delays and were therefore unable own free acts of will, agreed on what these deposit)
pays w/ approval of debtor to actually transfer the units. CC filed a petition damages ought to be, they established the law 3. Formal/Solemn contracts: When the law
3. Person interested in fulfillment of in court asking the latter to declare the between themselves. Therefore, the stipulation for requires that a contract be in some form to be
obligation pays debt even w/o knowledge contract as rescinded. On the other hand, CJH liquidated damages must be upheld. (PEZA v. valid (Civil Code, Art. 1356), this special form
of debtor (Civil Code, Art. 1302) argues that the court should just fix a period. Pilhino Sales Corp., G.R. No. 185765, Sept. 28, is necessary for its perfection. (e.g., donation
Decide. 2016) of real property)
Q: Distinguish expromision from delegacion. A: I will rule in favor of CC. Article 1191 of the New
A: Civil Code provides that the power to rescind Q: What are the characteristics of a contract?
EXPROMISION DELEGACION obligations is implied in reciprocal ones in case A:
Intention: old debtor be released from the one of the obligors should not comply with what is 1. Autonomy – freedom to stipulate; contracting
obligation incumbent upon him. Here, rescission is proper. parties may establish such stipulations,
Consent of creditor required on both CJH and CC have reciprocal obligations since CC clauses, terms and conditions as they may
Consent of creditor Consent of debtor has to complete the painting works while CJH has deem convenient;
and third person (initiates), creditor to pay a certain price and transfer the units.
and third person; However, despite repeated demands, CJH failed Limitation: Must not be contrary to law,
need NOT be given to deliver the units because construction was not morals, good customs, public order, or public
simultaneously yet completed. Moreover, the obligation to fix a policy (Civil Code, Art. 1306)
Governed by the rules Same applies in the period under Article 1197 does not apply because
of payment by third absence of an the law requires that it can be inferred, from the 2. Relativity – contracts are generally binding
persons agreement nature and circumstances, that a period was only between the parties, their assigns, and
If w/o knowledge of Subrogation intended. In this case, it is clear that the obligation heirs except where the rights and obligations
debtor, beneficial to build the hotels has been dragging on for years arising from the contract are not transmissible
reimbursement, no and no period was intended by the parties since by their nature, or by stipulation or by provision
subrogation CC had been repeatedly demanding for the of law (Civil Code, Art.1311)
New debtor's Same UNLESS the transfer of the units. Therefore, the contract should
insolvency does NOT new debtor’s be rescinded (Camp John Hay Development v. 3. Obligatoriness – once a contract is perfected
make old debtor liable insolvency already Charter Chemical, G.R. No. 198849, Aug. 7, 2019)
(by mere consent), the parties are bound to
existed at the time of the fulfillment of what has been expressly
the delegacion AND Q: PEZA entered into a contract with PS Corp.
where the latter was to deliver two firetrucks stipulated and compliance thereof must be in
(i) it was of public
knowledge, or (ii) the within 45 days from the receipt of a purchase good faith; they are also bound to all the
old debtor knew of order from the former. The contract stipulated consequences which, according to their
the insolvency of the that failure to deliver the trucks on the nature, may be in keeping with good faith,
new debtor at the specified date will subject PS to a penalty of
usage and law (Civil Code, Art. 1315)
time of delegacion. 0.1% of the total contract price for each day of
4. Mutuality – a contract must bind both 2. Special promise to answer for debt, Code, Art. 1349)
contracting parties; its validity or compliance default or miscarriage of another 5. Transmissible (Civil Code, Art.1347) However, an aggrieved party is not prevented from
cannot be left to the will of one of them (Civil 3. Agreement made in consideration of extrajudicially rescinding a contract to protect its
promise to marry Q: What are things which cannot be the subject interests, even in the absence of any provision
Code, Art. 1308)
4. Agreement for sale of goods, chattels or matter of a contract? (I-COFID) expressly providing for such right. When done
things in action at price not less than 500; A: without prior judicial imprimatur, however, it may
Q: Who are incapacitated to give consent? exception: auction when recorded sale in 1. Things which are Outside the commerce of still be subject to a possible court review. (Nissan
(DD-MI) sales book men (Civil Code, Art. 1347) Car Lease v. Lica Management, Jan. 13, 2016)
A: 5. Agreement for lease of property for more 2. Intransmissible rights (Civil Code, Art. 1347)
1. Minors (Civil Code, Art. 1327). than one year and sale of real property 3. Future inheritance, except in cases expressly NOTE: The act of party in treating a contract as
2. Insane or demented persons (Civil Code, regardless of price authorized by law (Civil Code, Art. 1347) cancelled or resolved on account of infractions by
Art. 1327), unless the contract was 6. Representation as to credit of another 4. Services Contrary to law, morals, good the other contracting party must be made known
entered into during a lucid interval (Civil customs, public order or public policy (Civil to the other and is always provisional, being ever
Code, Art. 1328) Q: What are causes which may vitiate the Code, Art. 1347) subject to scrutiny and review by the proper court.
3. Deaf-mutes who do not know how to write consent? (VIMFU) 5. Impossible things or services (Civil Code, Art. (U.P. v. delos Angeles, G.R. No. L-28602, Sept.
(Civil Code, Art. 1327). A: A contract where consent is given through: (1) 1348). 29, 1970)
4. In a state of Drunkenness or under a Mistake, (2) Violence, (3) Intimidation (4) Undue 6. Objects which are not possible of
hypnotic spell (Civil Code, Art. 1328) Influence; or (5) Fraud (Civil Code, Art. 1330) Determination as to their kind (Civil Code, Art. Q: What is the Clean Hands Doctrine?
1349) A: States that “a litigant may be denied relief by a
Contracts entered into by the persons above are Q: What are simulated contracts? court of equity on the ground that his conduct has
in generally valid until annulled (voidable); A: Q: When is a Cause of Consideration valid in been inequitable, unfair and dishonest, or
however, annulment cannot prosper when they 1. Absolute – the parties have no intention to be a contract? fraudulent, or deceitful as to the controversy in
have been ratified. (Civil Code, Art. 1390). issue.” Bad faith and fraud are allegations of fact
bound at all (Civil Code, Art. 1345); void from A:
beginning (Civil Code, Art. 1346). 1. It must Exist at the time the contract is entered that demand clear and convincing proof.
Q: X and Y, both minors, entered into a (Department of Public Works and Highways v.
2. Relative – the parties conceal their true into. (Civil Code, Arts. 1352 & 1409 [3])
contract. Is the contract void? agreement (Civil Code, Art. 1345): the real 2. It must be True (Civil Code, Art .1353) Quiwa, G.R. No.183444, Feb. 8, 2012)
A: No. If both parties to a contract are incapable of agreement binds the parties when: 3. It must be Licit (Civil Code, Art. 1352)
giving consent to a contract, the contract is a. where is no prejudice to 3rd persons; However, an exception to this is if purpose has not
unenforceable. (Civil Code, Art. 1403(3)).
and Q: What is a contract of adhesion? yet been accomplished and if damage has not
b. It is not contrary to law, moral, good A: Its terms are prepared by only one party while been caused to any 3rd person.
Q: What are the kinds of unenforceable customs, public order or public policy the other party merely affixes his signature
contracts? (URA) (Civil Code, Art. 1346) signifying his admission thereto. It is binding as Q: Identify and differentiate the two types of
A:
ordinary contracts the reason being that the party fraud in contracts.
1. Unauthorized or no sufficient authority – In absolute simulation, there is a colorable contract who adheres to it is free to reject its entirety. It is A: Causal fraud and incidental fraud.
Entered into in the name of another when:
but the parties have no intention to be bound by it. stricken down as void when the weaker party is
(Civil Code, Art. 1404) However, if the parties state a false cause in the imposed upon in dealing with the dominant Causal fraud (Dolo Causante) is the use of
a. No authority conferred (Civil contract to conceal their real agreement, the bargaining party and is reduced to the alternative insidious words or machinations by one of the
Code, Art. 1317) contract is relatively simulated and the parties are of taking it or leaving it, completely deprived of the contracting parties to induce the other party to
b. In excess of authority conferred
still bound by their real agreement. (Civil Code, opportunity to bargain on equal footing. (Dio v. St. enter into a contract, which, without them, he
(ultra vires) (Civil Code, Art. 1317) Art. 1345; Valerio v. Refresca, G.R. No. 163687, Ferdinand Memorial Park, Inc., G.R. No. 169578, would not have agreed to. (Civil Code, art. 1338) It
2. Curable by Ratification – Both parties Mar. 28, 2006) Nov. 30, 2006) is the deception employed by one party prior to or
incapable of giving consent (2 minor or 2 simultaneous to the contract in order to secure the
insane persons) (Civil Code, Art. 1407)
Q: When can a thing be considered to be a Q: In rescission of contracts under Article consent of the other (Metropolitan Fabrics, Inc. v.
3. Curable by Acknowledgment – Failure to subject matter of a contract? (W-PLDT) 1191, must a party go to court to rescind? Prosperity Credit Resources, Inc., G.R. No.
comply with Statute of Frauds. (Civil A: A: Yes, except when there is a contractual 154390, Mar. 17, 2014).
Code, Art. 1405) 1. Within the commerce of man (Civil Code, Art. stipulation authorizing a party to extrajudicially
1347) – either existing or in potency rescind the contract. As a general rule, the power Incidental Fraud (Dolo Incidente) Deceptions or
Q: What are the unenforceable contracts under 2. Licit or not contrary to law, morals, good to rescind an obligation must be invoked judicially misrepresentations which are not serious and
the Statute of Frauds? customs, public order or public policy (Civil and cannot be exercised solely on a party’s own without which the other party would still have
A: The following contracts are unenforceable for Code, Art. 1347) judgment that the other has committed a breach of entered into the contract. It is not the cause which
failure to comply with the Statute of Frauds: (Civil 3. Possible, legally or physically (Civil Code, Art. the obligation. (Golden Valley v. Pinkian Mining induced the party to enter into a contract and
Code, Art. 1403 (2)) 1348). Company, G.R. No. 190080, June 11, 2014; see refers only to some particular or accident of the
1. Agreement to be performed within a year 4. Determinate as to its kind or determinable also Nolasco v. Cuerpo, G.R. No. 210215, Dec. 9, obligations. (Geraldez v. CA, G.R. No. 108253,
after making contract without need to enter into a new contract (Civil 2015) Feb. 23, 1994)
contract is called commodatum; or

COMMODATUM MUTUUM
NOTE: In order that fraud may vitiate consent, it 2. One of the parties delivers to another Exceptions:
must be the causal (dolo causante), not merely the money or other consumable thing, upon As to subject matter 1. If urgently need thing (may demand
incidental (dolo incidente), inducement to the the condition that the same amount of the return/temporary use); or
making of the contract. (Ponce de Leon v. same kind and quality shall be paid, in Real or personal Personal property 2. If the bailor may demand immediate return
Rehabilitation Finance Corporation, G.R. No. which case the contract is simply called a property of the thing if the bailee commits any acts
L24571, Dec. 18, 1970) loan or mutuum. (Art. 1933) of ingratitude. (Civil Code, Art. 1948)
As to ownership of the thing
b. LOANS AND MORTGAGES Q: Distinguish loan from forbearance. Q: Is the bailor obliged to refund extraordinary
A: A loan is a contract where one delivers to Retained by the bailor Passes to the debtor expenses spent by the bailee in a
Q: What are credit transactions? another, either something not consumable so that commodatum?
A: These include all transactions involving the the latter may use the same for a certain time and A: Bailor is obliged to refund extraordinary
purchase or loan of goods, services or money in return it, in which case the contract is called As to return of the thing expenses provided the bailee informs the bailor
the present with a promise to pay or deliver in the commodatum; or money or other consumable before incurring them, EXCEPT if they are so
future (contract of security). thing, upon the condition that the same amount of urgent that reply cannot be awaited without
the same kind and quality shall be paid, in which Same thing loaned Pay the same amount of danger.
case the contract is simply called a loan or the same kind and
Q: What are the 2 types of credit transactions?
mutuum. (Civil Code, Art. 1933) quality However, if the extraordinary expenses arise on
1. Secured transactions – those supported
by a collateral or an encumbrance of occasion of actual use by bailee, even without
As to risk of loss
property. Forbearance of money, goods, or credits refers to fault, they shall be borne equally by bailor and
2. Unsecured transactions – those arrangements other than loans, where a person Bailor since he is the Debtor/Bailee bailee, unless there is a stipulation to contrary.
supported only by a promise to pay or the acquiesces to the temporary use of his money, owner (Civil Code, Art. 1949)
personal commitment of another such as goods or credit by another pending happening of
a guarantor or surety. certain events or fulfillment of certain conditions. As to time of return Q: When is the bailee in a commodatum
(Estores v. Supangan, 2012) entitled to the right of retention of the thing
Q: What is a security? Bailor may demand the Upon the lapse of the delivered?
A: It is something given, deposited or serving as a Q: What is the difference between a return of the thing term agreed upon. A:
means to ensure the fulfillment or enforcement of commodatum and a mutuum or loan? loaned before the General Rule: Bailee has no right of retention on
an obligation or of protecting some interest in the A: expiration of the term in the ground that the bailor owes him something.
property. case of urgent need
(Civil Code, Art. 1946), Exception: Art. 1951 on hidden defects (Bailor
COMMODATUM MUTUUM
Q: What are the 2 types of security? or when the contract is who knows flaws but does not advise bailee is
1. Personal – when an individual becomes a As to object precarium, in which liable to bailee for damages suffered because of
surety or a guarantor. case, the bailor may flaws).
2. Real or Property – when an encumbrance Ordinarily involves The subject matter is demand the return of
is made on property (e.g., real estate something not money or other the thing at will. (Civil Q: What are the kinds of commodatum?
mortgage, chattel mortgage over vessels consumable except consumable thing. Code, Art. 1947) A:
or aircrafts, or security interest over when the purpose of 1. Ordinary commodatum – bailee uses the thing
movables). consumable goods is for a certain period of time.
Q: What are the obligations of a borrower in a 2. Precarium – bailor may demand the thing
merely for exhibition.
Q: What is a bailment? simple loan or mutuum? loaned at will; exists in cases where:
(Civil Code, Art. 1936)
A: It is the delivery of property of one person to A: The obligations of a borrower are the following: a. There is no stipulation as to the
another in trust for a specific purpose, with a As to cause 1. Pay the creditor an equal amount of the duration of the contract or use of the
contract, express or implied, that the trust shall be same kind and quality. (Civil Code, Art. thing loaned.
faithfully executed and the property returned or Essentially gratuitous. May be gratuitous or with 1953) b. Use of the thing is merely tolerated by
duly accounted for when a special purpose is (Civil Code, Art. 1933) a stipulation to pay 2. Pay interest, if stipulated in writing. (Civil the owner. (Civil Code, Art. 1947)
accomplished or kept until the bailor reclaims it. Otherwise, it ceases to interest. Code, Art. 1956)
be commodatum. Q: What are the principal obligations of a
Q: What is a contract of loan? Q: Can the bailor in a commodatum demand bailee in a commodatum?
A: A contract of loan is a contract where: As to purpose return of the thing? A: The principal obligations of a bailee are:
1. One of the parties delivers to another, A: 1. Take good care of the thing with the
either something not consumable so that Use or temporary Consumption General rule: No, bailor cannot demand return diligence of a good father of a family. (Civil
the latter may use the same for a certain possession. until after (a) expiration of period stipulated, or (b) Code, Art. 1163)
time and return it, in which case the accomplishment of use for which commodatum 2. Use the thing loaned only for the purpose
was constituted. (Civil Code, Art. 1946)
for which it was loaned and for no other danger. (Civil Code, Art. 1949, par. 1) Q: Can future property be the object of a real However, the amounts named as consideration in
purpose. (Civil Code, Art. 1935) However, if the extraordinary expenses estate mortgage? a contract of mortgage do not limit the amount for
3. Payment of the ordinary expenses for the arise on the occasion of the actual use by A: No. In order to bring future property within the which the mortgage may stand as security if from
use and preservation of the thing loaned. the bailee, even though he acted without coverage of the mortgage, the mortgagor must the four corners of the instrument the intent to
(Civil Code, Art. 1941) fault, they shall be borne equally by both execute a mortgage supplement after the secure future and other indebtedness can be
4. Payment of a portion of extraordinary the bailor and the bailee, unless there is a mortgagor acquires ownership of the properties or gathered. (Ramos vs. PNB, G.R. No. 178218,
expenses arising from the actual use of stipulation to the contrary. (Civil Code, Art. after those properties come into existence. They 2011)
the thing, which shall be borne by both the 1949, par. 2) must be registered with the relevant Register of
bailor and the bailee, even though the 3. Be liable for damages which the bailee Deeds. In the absence of clear and supportive evidence of
bailee acted without fault, unless there is may suffer for failure of the bailor to advise a contrary intention, a mortgage containing a
a stipulation to the contrary. (Civil Code, the former of flaws (hidden defects) of the However, a stipulation subjecting to the mortgage dragnet clause will not be extended to cover future
Art. 1949, par. 2) thing loaned which are known to him. lien, improvements which the mortgagor may advances, unless the document evidencing the
5. Return and to not retain the thing loaned (Civil Code, Art. 1951) subsequently acquire, install, or use in connection subsequent advance refers to the mortgage as
except for damages mentioned in Art. with the real property already mortgaged providing security therefor.
1951, Civil Code. Q: What is a Real Estate Mortgage? belonging to the mortgagor is valid. (People’s
A: Real [Estate] Mortgage is a contract whereby Bank and Trust Co. v. Dahican Lumber Co., G.R. Q: Distinguish a dragnet clause from an
Q: When is the bailee in a commodatum liable the debtor secures to the creditor the fulfillment of No. L-17500, 1967) acceleration clause.
for the loss of the thing which is the object of a principal obligation, specially subjecting to such A: A dragnet clause is a stipulation in a REM
the contract, even if such loss is due to a security immovable property or real rights over Q: What is the extent of a mortgage over an contract that extends the coverage of a mortgage
fortuitous event? immovable property in case the principal obligation immovable property? to advances or loans other than those already
A: The bailee is liable for the loss of the thing, even is not complied with at the time stipulated. (Civil A: A real estate mortgage constituted on obtained or specified in the contract. A dragnet
if it should be through fortuitous event: Code, Arts. 2124-2131) immovable property is not limited to the property clause may refer to past or future debts. (Paradigm
1. If he devotes the thing to any purpose itself but also extends to its: Development Corp. of the Philippines v. Bank of
different from that for which it has been Q: Can a mortgage be constituted without any 1. Accessions the Philippine Islands, 2017) In turn, an
loaned. prior principal obligation? 2. Improvements acceleration clause is a stipulation stating that,
2. If he keeps it longer than the period A: No. A Mortgage, being a purely accessory 3. Growing fruits on the occasion of the mortgagor’s default in
stipulated, or after the accomplishment of contract, like a guarantee cannot exist without a 4. Rents or income paying an installment of a debt, the whole sum that
the use which the commodatum has been valid obligation. (Art. 2052 & 2086; Manila Surety 5. Proceeds of insurance should the property remains unpaid automatically becomes due and
constituted. & Fidelity Co. v. Velayo, G.R. No. L-21069) be destroyed. payable. (Luzon Development Bank v. Conquilla,
3. If the thing loaned has been delivered with 6. Expropriation value of the property should 2005)
the appraisal of its value, unless there is a Q: What kinds of obligations do mortgages it be expropriated. (Civil Code, Art. 2127)
stipulation exempting the bailee from secure? Q: What is the reliance on the security test?
responsibility in case of a fortuitous event. A: A Contract of mortgage may secure all kinds of To exclude them, it is necessary that there be an A: This test applies when there is a dragnet clause
4. If he lends or leases the thing to a third obligation, be they pure or subject to a suspensive express stipulation. But if the mortgaged estate in a mortgage contract but there is a mortgage
person, who is not a member of his or resolutory condition. passes into the hands of a third person, the constituted on another property to secure a
household. mortgage does not extend to any machinery, subsequent loan.
5. If, being able to save either the thing to a Q: What is the effect of a promise to constitute object, chattel or construction which he may have
third person or his own thing, he chose to a mortgage? brought or placed there and which such third When the mortgagor takes another loan for which
save the latter. (Civil Code, Art. 1942) A: A promise to constitute a mortgage gives rise person may remove whenever it is convenient for another security was given it could not be inferred
only to a personal right binding upon the parties him to do so. that such loan was made in reliance solely on the
Q: What are the obligations of a bailor in and creates no real right in the property. What original security with the "dragnet clause," but
commodatum? exists is only a right of action to compel the Q: What is a dragnet clause? rather, on the new security given. (See Prudential
A: The obligations of a bailor are the following: fulfillment of the promise, but there is no mortgage A: It is one which is specifically phrased to Bank v. Alviar, G.R. No. 150197, 2005)
1. Respect the duration of the loan because yet. subsume all debts of past or future origins. A
the bailor is bound by the terms of the mortgage which provides a dragnet clause is in the
contract of commodatum which is for a Q: Can the mortgage credit be alienated or
Q: What is the effect of the invalidity of the nature of a continuing guaranty and constitutes an assigned?
certain time or accomplishment of a exception to the rule that an action to foreclose a
purpose. (Civil Code, Art. 1946) mortgage on the principal obligation? A: Yes, and this may be done by the mortgagee
A: The principal obligation remains valid and the mortgage must be limited to the amount without the consent of the debtor, except if there
2. Refund to the bailee extraordinary mentioned in the mortgage contract. (PCSO vs.
expenses incurred for the preservation of deed of mortgage remains as the evidence of the is a stipulation against alienation. Alienation of the
personal obligation. (Rural Bank of Cabadbaran, New Dagupan Metro Gas Corp., G.R. No. 173171, mortgage credit is valid even if it is not registered.
the thing, provided the bailee brings the 2012)
same to the knowledge of the bailor before Inc. v. Melecio-Yap, G.R. No. 178451, 2014) Registration is necessary only to affect third
incurring them, except when the reply to persons. (Civil Code, Art. 2128)
As a general rule, a mortgage liability is usually
the notification cannot be awaited without limited to the amount mentioned in the contract.
Note that the sale or transfer of the mortgaged A: The action to recover a deficiency prescribes The followings steps illustrate judicial foreclosure: 6. Remedy of party aggrieved by foreclosure is
property cannot affect or release the mortgage; after 10 years from the time the right of action (Rule 68) a petition to set aside sale and cancellation of
thus, the purchaser or transferee is necessarily accrues (Civil Code, Arts.1142 & 1144) 1. Court orders mortgagor to pay the writ of possession;
bound to acknowledge and respect the mortgage debt with interest and other 7. Republication is necessary for the validity of
encumbrance. (Garcia vs. Villar, G.R. No. 158891, Q: When does the right to file an action for charges within a period of not less than 90 a postponed foreclosure sale (parties have no
2012) collection of debt or foreclosure accrue? days nor more than 120 days from the right to waive the publication requirement).
A: In order that the debtor may be in default, it is entry of judgment; and a sale will be
Q: Can the collateral be alienated during the necessary that: (a) the obligation be demandable conducted and the property will be NOTE: Unless the parties stipulate, personal
mortgage? and already liquidated; (b) the debtor delays awarded to the highest bidder at public notice to the mortgagor in extrajudicial foreclosure
A: Yes. The law considers void any stipulation performance; and (c) the creditor requires the auction, should the mortgagor fail to pay proceedings is not necessary because Section 31
forbidding the owner from alienating the performance judicially or extrajudicially, unless at the time directed; of Act No. 3135 only requires posting of the notice
immovable mortgaged. (Civil Code, Art. 2130) demand is not necessary. 2. The sale will be confirmed. This operates of sale in three public places and the publication of
to divest the rights of all parties in the that notice in a newspaper of general circulation.
Q: What is the concept of foreclosure? Thus, default only arises when demand to pay is action and to vest their rights to the (Ramirez v. TMBC, G.R. No. 198800, 2013)
A: Foreclosure is the remedy available to the unnecessary, or when such demand is required purchase, subject to the right of
mortgagee by which he subjects the mortgaged and made by the mortgagee but is refused by the redemption allowed by law. NOTE: Extra-judicial foreclosure before a notary
property to the satisfaction of the obligation to mortgagor. Hence, it is at this point where the 3. The judgement will be executed. public is valid under Act No. 3135. (Tagunicar v.
secure which the mortgage was given. mortgagee obtains the right to file an action to 4. Application of proceeds of sale to: Lorna Express,G.R. No. 138592, 2006).
collect the debt or foreclose the mortgage. a. Costs of the sale
(Maybank Philippines., Inc. v. Spouses Tarrosa, b. Amount due the mortgagee;
NOTE: A foreclosure sale retroacts to the date of c. Claims of junior encumbrances or Q: What is the procedure for Extra-judicial
registration of the mortgage. Thus, a person who G.R. No. 213014, 2015) Foreclosure?
persons holding subsequent
takes a mortgage in good faith and for valuable mortgages in the order of their A: Procedure for Extra-judicial Foreclosure of Real
consideration, the record showing clear title to the Q: What is the rule with respect to the family Estate Mortgage (Act No. 3135)(Act No. 1508,
home? priority; and
mortgagor, will be protected against equitable d. The balance, if any, shall be paid A.M. N0. 99-10-05-0; January 15, 2000) (ARC-
claims on the title in favor of third persons of which A: The family home is exempt from execution, DIP-RET)
forced sale or attachment, except for debts to the mortgagor.
he had no actual or constructive notice. (St. 5. Sheriff’s Certificate of sale is executed, 1. Filing of Application before the Executive
Dominic Corp., vs. IAC, G.R. Nos. 70623 & L- secured by mortgages on the premises before Judge through the Clerk of Court;
or after such constitution. (Art. 155, Family acknowledged and recorded to complete
48630, 1987) the foreclosure. 2. Clerk of Court will examine whether the
Code; Fortaleza vs. Lapitan, G.R. No. 178288, Requirements of the law have been
Q: Can mere inadequacy of the price nullify a 2012; Parcon-Song v Parcon, G.R. No. 199582. complied with, that is, whether the notice
July 7, 2020) Q: What is the nature of Extra-judicial
foreclosure sale? Foreclosures? of sale has been posted for not less than
A: No. Mere inadequacy of the price obtained at A: Extra-judicial Foreclosures are governed by 20 days in at least 3 public places of the
the sheriff’s sale will not be sufficient to set aside Q: What is the rule with respect to foreclosure Act No. 3135, as amended. municipality or city where the property is
the sale unless “the price is so inadequate as to of mortgages over loans granted by Rural situated, and if the same is worth more
shock the conscience of the court” taking into Banks? The following are the characteristics of the same: than P400.00, that such notice has been
consideration the peculiar circumstances A: Under the Rural Banks Act, the foreclosure and 1. Express authority to sell is given to the published once a week for at least 3
attendant thereto. (Sulit vs. CA, G.R. No. 119247, executions of judgments thereon involving real mortgagee; consecutive weeks in a newspaper of
1997). properties levied upon by a sheriff shall be exempt 2. Authority is not extinguished by death of general circulation in the city or
from publication where the total amount of the mortgagor or mortgagee; municipality;
Q: Can the accessions of the property also be loan, including interests due and unpaid, does not 3. Public sale should be made after proper 3. The Certificate of sale must be approved
foreclosed? exceed P10,000.00. (Menzon v. Rural Bank of notice (posting and publication); by the Executive Judge;
A: Yes. Absent an adverse claimant or any Buenavista, Inc., G.R. 178031, 2013) 4. Surplus proceeds of foreclosure sale belong 4. In extrajudicial foreclosure of real
evidence to the contrary, all accessories and to the mortgagor or his assigns; mortgages in Different locations covering
accessions accruing or attached to the mortgaged Q: What is judicial foreclosure and what is the 5. Debtor has the right to redeem the property one indebtedness, only one filing fee
property are included in the mortgage contract and procedure for such? sold. Debtors who are natural persons can corresponding to such debt shall be
may thus also be foreclosed with the principal A: It is the judicial action instituted in the proper redeem within 1 year from registration of the collected;
property in the case of nonpayment of the debt court which has jurisdiction over the area wherein certificate of sale with the Register of Deeds. 5. The Clerk of Court shall Issue certificate of
secured. (PNB vs. Maranon, G.R. No. 189316, the real property involved or a portion thereof is Debtors who are juridical persons can payment indicating the amount of
2013) situated. It is quasi in rem in nature and survives redeem within 3 months from foreclosure sale indebtedness, the filing fees collected, the
the death of the mortgagor. (Rule 68, Rules of or before registration of the certificate of sale mortgages sought to be foreclosed, the
Court) with the Register of Deeds, whichever is first. description of the real estates and their
Q: What is the prescriptive period to recover respective locations;
the deficiency after foreclosure? (Section 47 of RA 8791 or the General
Banking Law of 2000) 6. The notice of sale shall be Published in a
newspaper of general circulation;
7. The application shall be Raffled among all A: b. A second mortgagee acquires only the into an indivisible whole. (PBCOM v. Macadaeg,
sheriffs; 1. Where there is Right to Redeem. equity of redemption vested in the 109 Phil. 981 (1960))
8. After the redemption period has Expired, a. General rule: Inadequacy of price is mortgagor, and his rights are strictly
the Clerk of Court shall archive the immaterial because the judgment subordinate to the superior lien of the first Q: Does the Doctrine of Indivisibility of
records; and debtor may redeem the property. mortgagee. Mortgage still apply once the mortgage has
9. Previously, the rule was that no auction b. Exception: The price is so been extinguished by foreclosure?
sale shall be held unless there are at least inadequate as to shock the NOTE: Redemption of property where the A: The doctrine of indivisibility of mortgage does
Two participating bidders, otherwise the conscience of the court taking into mortgagee is a banking institution is allowed within not apply once the mortgage is extinguished by a
sale shall be postponed to another date. If consideration the peculiar 1 year from the date of the registration of the complete foreclosure thereof. Nothing in the law
on the new date there shall not be at least circumstances. The sale will be set confirmation of sale. prohibits the piecemeal redemption of properties
2 bidders, the sale shall then proceed. The aside. sold at one foreclosure proceedings. (Yap vs. Dy,
names of the bidders shall be reported by 2. Property may be sold for less than its fair (2) Right of redemption: right of the mortgagor to Sr., G.R. Nos. 171868 & 171991, 2011).
the Sheriff or the Notary Public who market value upon the theory that the lesser redeem the property within a certain period after it
conducted the sale to the Clerk of Court the price the easier for the owner to redeem. was sold for the satisfaction of the debt. Q: How should redemption be performed?
before the issuance of the certificate of a. Applies only to extrajudicial foreclosure of A: The general rule in redemption is that it is not
sale. On January 30, 2001, the Supreme The value of the mortgaged property has no real mortgage. sufficient that a person offering to redeem
Court issued a resolution amending bearing on the bid price at the public auction, b. EXC: The right of redemption is also manifests his desire to do so; The statement of
paragraph 5 of A.M. 99-10-05-0 explicitly provided that the public auction was regularly and available in judicial foreclosure, in cases intention must be accompanied by an actual and
dispensing with the "two-bidder rule." honestly conducted. where the mortgagee is a bank. (Section simultaneous tender of payment; In case of
47 of RA 8791 or the General Banking disagreement over the redemption price, the
Q: Can the mortgagee recover the deficiency? Q: Can the creditor waive the security? Law of 2000) redemptioner may preserve his right of redemption
A: It is settled that if the proceeds of the sale are A: Yes. The Mortgagee may waive right to through judicial action, which in every case, must
insufficient to cover the debt in an extrajudicial foreclose his mortgage and maintain a personal NOTE: The right of redemption, as long as within be file within the one-year period of redemption.
foreclosure of mortgage, the mortgagee is entitled action for recovery of the indebtedness. However, the period prescribed, may be exercised (Torbela vs. Rosario, G.R. Nos. 140528 & 140553,
to claim the deficiency from the debtor. While Act. the remedies are alternative, not cumulative. irrespective of whether or not the mortgagee has 2011)
No. 3135 does not discuss the mortgagee’s right subsequently conveyed the property to some other
to recover the deficiency, neither does it contain Options of the mortgagee in case the debtor- party (Sta. Ignacia Rural Bank, Inc. v. CA, G.R.
any provision expressly or impliedly prohibiting No. 97872, 1994)
mortgagor dies:
recovery. (BPI vs. Avenido, G.R. No. 175816,
1. To waive mortgage and claim entire debt
2011) Q: What is the Doctrine of Indivisibility of
from the mortgagor’s estate as an
ordinary claim; Mortgage?
Q: What happens if the property is not 2. To judicially foreclose mortgage and A: Mortgage is indivisible, except:
redeemed? prove any deficiency; or 1. Where each one of several things
A: After the expiration of the redemption period 3. To rely on the mortgage exclusively guarantee a determinate portion of credit.
without redemption having been made by without filing a claim for deficiency 2. Where only portion of loan was released.
petitioner, respondent became the owner thereof Example: X borrowed 80k from the bank
and consolidation of title becomes a right. Being and he mortgaged his 100 ha. property.
Q: What is redemption? Lender was only able to release 40k due
already then the owner, respondent became
A: Redemption is a transaction by which the to CB restrictions. The Court held that the
entitled to possession. Petitioner already lost his
mortgagor reacquires or buys back the property bank can only foreclose on 50% of the
possessory right over the property after the
which may have passed under the mortgage or mortgaged land (50 hectares) (Central
expiration of the said period. (Spouses Gatuslao v.
divests the property of the lien which the mortgage Bank v. CA, G.R. No. L-45710, 1985)
Yanson, G.R. No. 191540, 2015)
may have created. 3. Where there was failure of consideration.
Q: Is the stipulation of an Upset Price or “tipo”
Q: What are the Kinds of Redemption? NOTE: The rule that real property, consisting of
allowed?
A: Equity of redemption and right of redemption. several lots which should be sold separately,
A: No. A stipulation of minimum price at which the
property shall be sold to become operative in the applies to sales in execution, and not to
(1) Equity of redemption: Right of the mortgagor foreclosure of mortgages.
event of a foreclosure sale at public auction is null
to redeem the mortgaged property after his default
and void, for the property must be sold to the
in the performance of the conditions of the Q: Does the placing of multiple mortgages in
highest bidder. (de Leon & de Leon, Jr, citing
mortgage but before confirmation of the sale. one document make an indivisible whole?
Banco Espanol Filipino v. Donaldson, 5 Phil. 418)
a. Applies to judicial foreclosure of real A: The mere embodiment of a real estate
mortgage and chattel mortgage mortgage and a chattel mortgage in one document
Q: What is the effect of inadequacy of price in foreclosure.
a foreclosure sale? does not have the effect of fusing both securities
Q: What are the statutory periods of redemption? Q: What is a Mortgagee in Possession? court conditioned that he will pay all the damages
A: A: One who has lawfully acquired actual or which the bank may suffer by the enjoining or the
constructive possession of the premises restraint of the foreclosure proceeding.” (The
EXTRAJUDICIAL FORECLOSURE
JUDICIAL FORECLOSURE
mortgaged to him, standing upon his rights as General Banking Law of 2000, Section 47)
PERIODS OF (Act no. 3135) mortgagee and not claiming under another title, for
REDEMPTION the purpose of enforcing his security upon such Q: What is the distinction between Redemption
Banks Non-Banks Banks Non-Banks property or making its income help to pay his debt. and Repurchase?
A: The right to redeem becomes functus oficio at
Individual debtors 1 year from 1 year from 1 year from N/A [Equity of The rights of the first mortgage creditor or the end of the redemption period, and its exercise
/ mortgagors registration of the registration of the registration of the Redemption mortgage over the mortgaged properties are after the period is not really one of redemption but
certificate of sale certificate of sale with certificate of sale with Only] superior to those of a subsequent attaching a repurchase. Distinction must be made because
with Registry of Registry of Deeds. Registry of Deeds. creditor and other junior mortgagees. (Lee vs. redemption is by force of law; the purchaser at
Deeds. Bangkok Bank Public Company, Ltd. G.R. No. public auction is bound to accept redemption.
173349, 2011) Repurchase however of foreclosed property, after
redemption period, imposes no such obligation.
Juridical persons 3 months after 3 months after 1 year from N/A [Equity of
Q: What are the Rights and Obligations of the After expiry, the purchaser may or may not re-sell
as debtors / foreclosure or foreclosure or before registration of the Redemption
Mortgagee in Possession? the property but no law will compel him to do so.
mortgagors before registration of certificate of sale with Only]
A: And, he is not bound by the bid price; it is entirely
registration of certificate of Registry of Deeds.
1. Similar to an antichresis creditor – entitled to within his discretion to set a higher price, for after
certificate of foreclosure
retain such possession until the indebtedness all, the property already belongs to him as owner.
foreclosure whichever is earlier
whichever is is satisfied and the property redeemed.
earlier (General 2. Without right to reimbursement for useful Q: What are the Essential Requisites of
Banking Law, expenses Mortgage? (FAVFAP):
Sec. 47) A:
Q: What is a Writ of Possession? 1. Constituted to secure the Fulfillment of a
A: Order whereby the sheriff is commanded to principal obligation;
The right of legal redemption must be exercised within specified time limits. However, the statutory period place in possession of real or personal property 2. Mortgagor be the Absolute owner of the
of redemption can be extended by agreement of the parties. (Republic vs. Marawi-Marantao General the person entitled thereto such as when a thing pledged or mortgaged;
Hospital, G.R. No. 158920, 2012) property is extrajudicially foreclosed. 3. Mortgagor has Free disposal of the
property, and in the absence thereof, that
As a rule, the period of redemption is not tolled by the filing of a complaint or petition for annulment of the The issuance of the writ of possession in an he be legally authorized for the purpose;
mortgage and the foreclosure sale conducted pursuant to the said mortgage. extrajudicial foreclosure is merely a ministerial 4. Cannot exist without a Valid obligation;
function. 5. When the principal obligation becomes
Q: How do you determine the Redemption due, the thing in which the mortgage
Price? NOTE: Redemption price in this case is reduced The purchaser at the foreclosure sale is entitled as consists may be Alienated for the
A: by the income received from the property. of right to a writ of possession. payment to the creditor; and
1. Mortgagee is not a bank (Act No. 3135 in 6. Appears in a Public document duly
relation to Sec. 28, Rule 39 of Rules of Court) Q: What are Junior Mortgagees? Before lapse of redemption period – file an ex recorded in the Registry of Property to be
a. Purchase price of the property; A: After the foreclosure sale, there remains in the parte application and file a bond [validly constituted].
b. 1% interest per month on the second mortgagee a mere right of redemption. His NOTE: If the instrument is not recorded,
purchase price; remedy is limited to the right to redeem by paying After lapse of redemption period – file an ex parte the mortgage is nevertheless binding
c. Taxes paid and amount of off the debt secured by the first mortgage. application and no need for a bond (PBCom v. between the parties.
purchaser’s prior lien, if any, with the Yeung, G.R. No. 179691, 2013)
same rate of interest computed from He is entitled to the payment of his credit the Q: What is the Doctrine of Mortgagee in Good
the date of registration of sale, up to excess of the proceeds of the auction sale (in Faith?
the time of redemption. judicial foreclosure). “Purchaser at the auction sale concerned whether
in a judicial or extrajudicial foreclosure shall have A: Under the Doctrine of “Mortgagee in Good
2. Mortgagee is a bank (Section 47, General Faith”, even if the mortgagor is not the owner of
Banking Act of 2000) In case the credit of the first mortgagee has the right to enter upon and take possession of
such property immediately after the date of the the mortgaged property, the mortgage contract
a. Amount due under the mortgage absorbed the entire proceeds of the sale, the and any foreclosure sale arising therefrom are
deed; second mortgage is extinguished, since the confirmation of the auction sale and administer the
same in accordance with law. Any petition in court given effect by reason of public policy; Even if the
b. Interest at the rate specified in mortgage cannot be enforced beyond the total mortgagor is not the rightful owner of, or does not
mortgage; value of the mortgaged property. to enjoin or restrain the conduct of foreclosure
proceedings instituted pursuant to this provision have a valid title to, the mortgaged property, the
c. Cost and expenses incurred by bank mortgagee in good faith is, nonetheless, entitled to
from sale and custody less income shall be given due course only upon the filing by
the petitioner of a bond in an amount fixed by the protection. (Torbela vs. Rosario, G.R. Nos.
derived 140528 &140553, 2011)
When a mortgagee relies upon what appears on discovery of any anomaly, or anything that would registered.
the face of a Torrens title and lends money in all arouse suspicion, the bank should not be liable. NOTE: The nullity of the stipulation does not affect
good faith on the basis of the title in the name of Such is the case when the TCT is clean, bearing Q: What are the Essential Requisites Common validity and efficacy of the principal contract.
the mortgagor, only thereafter to learn that the no annotations evidencing any trust, lien, or to Mortgage Contracts? (FARVAS)
latter’s title was defective, being thus an innocent encumbrance on the property, not forged or fake. A: c. INTEREST
mortgagee for value, his or her right or lien upon There is also no showing that the bank was aware 1. Constituted to Secure the fulfillment of a
the land mortgaged must be respected and of any defect or any other conflicting right on the principal obligation; Q: What are the two types of interest?
protected. (Mahinay vs. Gako, Jr., G.R. Nos. title when the property was mortgaged to it. In fact, 2. Mortgagor be the Absolute owner of the thing A: The two types of interest are the following:
165338 & 179375, 2011) the investigation of the property would still fail to mortgaged; 1. Monetary or conventional interest – refers
bring any doubt as to the validity of the TCT (i.e., 3. The persons constituting the mortgage have to the compensation set by the parties for
BUT: A bank whose business is impressed with the title owners were in actual possession of the the Free disposal of their property, and in the the use or forbearance of money; and
public interest is expected to exercise more care property). (Parcon-Song v Parcon, G.R. No. absence thereof, that they be legally 2. Compensatory interest – interest that may
and prudence in its dealings than a private 199582. July 7, 2020) authorized for the purpose; be imposed by law or by courts as penalty
individual, even in cases involving registered 4. Cannot exist without a Valid obligation; for damages. (Hun Hyung Park v. Eung
lands. A bank cannot assume that, simply because Q: Can an entrustee mortgage property held in 5. Debtor Retains the ownership of the thing Won Choi, G.R. No. 220826, March 27,
the title offered as security is on its face free of any trust? given as a security; and 2019)
encumbrances of lien, it is relieved of the A: An entrustee under a trust receipt does not 6. When the principal obligation becomes due,
responsibility of taking further steps to verify the have a right to mortgage the property held in trust. the thing in which the mortgage consists may NOTE: Compensatory/penalty/indemnity interest
title and inspect the properties to be mortgaged. This is because the entrustor, not the entrustee, is be Alienated for the payment to the creditor. refers to damages paid arising from delay in
the owner of the property in trust. A mortgage must paying a fixed sum of money or delay in assessing
In order for a mortgagee to invoke the doctrine of be executed by the absolute owner of the chattels NOTE: Third persons who are not parties to the and paying damages. (Sps. Abella v. Sps. Abella,
mortgagee in good faith, the impostor must have to be valid (DBP vs. Prudential Bank, 2005;Art. principal obligation may secure the latter by G.R. No. 195165, July 08, 2015)
succeeded in obtaining a Torrens title in his name 2085 (2)). mortgaging their own property (Art. 2085;
and thereafter in mortgaging the property. Where Chinabank vs. QBRO Fishing Enterprises, G.R. Q: When will interest due and unpaid earn
the mortgagor is an impostor who only pretended Q: Can a person mortgage conjugal property No. 184556, 2012) interest?
to be the registered owner, and acting on such without the consent of his or her spouse? A: Generally, interest due and unpaid shall not
pretense, mortgaged the property to another, the A: Real estate mortgage over a conjugal property Q: What are the rights of the Creditor where the earn interest, except:
mortgagor evidently did not succeed in having the is void if the non-contracting spouse did not give Debtor fails to comply with his obligation? 1. Interest due shall earn legal interest from
property titled in his or her name, and the consent (PNB v. Venancio Reyes, Jr., G.R. No. A: the time it is judicially demanded, although
mortgagee cannot rely on such pretense as what 212483, 2016) 1. Creditor is merely entitled to move for the sale the obligation may be silent upon this
appears on the title is not the impostor's name but of the thing mortgaged with the formalities point. (Civil Code, Art. 2212)
that of the registered owner. (Ruiz v. Dimailig, G.R. Generally, mortgage of a conjugal property by one required by law in order to collect. 2. If there is agreement to this effect. (Civil
No. 204280, 2016) of the spouses without the consent of the other 2. Creditor cannot appropriate to himself the Code, Art. 1959)
spouse is valid only as to ½ of the entire property. thing nor can he dispose of the same as
BUT: SC has held in a case that while the bank owner. NOTE: Interest on interest refers to interest due on
failed to exercise greater care in conducting the Q: What is a Legal mortgage? conventional interest. (Sps. Abella v. Sps. Abella,
ocular inspection of the properties offered for A: The persons in whose favor the law establishes Q: What are the requisites of Pactum G.R. No. 195165, July 08, 2015)
mortgage, its omission did not prejudice any a mortgage have no other right than to demand the Commissorium?
innocent third parties because the cause of the execution and the recording of the document in A: Q: When will the debtor be liable for interest
mortgagors' defective title was the simulated sale which the mortgage is formalized. 1. There should be a mortgage; and even in the absence of stipulation to pay
between the buyer/mortgagor and seller (the latter 2. There should be a stipulation for an automatic interest?
questioning the validity of the mortgage). Thus, no appropriation by the creditor of the property in A: Generally, no interest shall be due unless it has
Q: What are the incidents of Registration of been expressly stipulated in writing. (Civil Code,
amount of diligence in the conduct of the ocular Mortgage? the event of nonpayment.(Pen v. Julian, G.R.
inspection could have led to the discovery of the No. 160208, January 11, 2016) Art. 1956) In the following instances, interest is
A: due even if not expressly stipulated:
complicity between the ostensible 1. Mortgagee entitled to registration of mortgage
mortgagors/buyer and the true owners/seller. In 1. If the obligation consists in the payment of
as a matter of right. Q: What is the effect of Pactum a sum of money, and the debtor incurs in
fine, the bank can hardly be deemed negligent. 2. Proceedings for registration do not determine Commissorium?
Thus, the bank was considered as a mortgagee in delay, the indemnity for damages, there
validity of mortgage or its effect. A: Stipulation is null and void - stipulation where being no stipulation to the contrary, shall
good faith (Philippine Banking Corporation v. Dy, 3. Registration is without prejudice to better right thing mortgaged shall automatically become the
G.R. No. 183774, 2012) be the payment of the interest agreed
of third parties. property of the creditor in the event of nonpayment upon, and in the absence of stipulation,
4. Mortgage deed once duly registered forms of the debt within the term fixed. The essence of the legal interest, which is six per cent per
ALSO: SC has held that a bank should not part of the records for the registration of the pactum commissorium is that ownership of the annum (Civil Code, Art. 2209); or
necessarily be made liable if it did not investigate property mortgaged. security will pass to the creditor by the mere 2. Interest due shall earn legal interest from
or inspect the property. If the circumstances reveal 5. Mortgage by surviving spouse of his/her default of the debtor. (Spouses Solitarios v. the time it is judicially demanded, although
that an investigation would still not yield a undivided share of conjugal property can be Spouses Jaque, G.R. No. 199852, 2014)
the obligation may be silent upon this unless compounded interest is expressly Q: What is a usury? pay the correct amount of indebtedness and the
point. (Civil Code, Art. 2212) stipulated by law or regulation. A: It may be defined as contracting for or receiving debtor’s failure to pay such. (Heirs of Espiritu v.
something in excess of the amount allowed by law Sps. Landrito, G.R. No. 169617, April 4, 2007)
Q: What is the legal interest rate? Interest due on the principal amount accruing as for the loan or forbearance of money, goods or
A: Beginning July 1, 2013, the rate of interest on of judicial demand shall SEPARATELY earn legal chattels. (De Leon, citing Tolentino v. Gonzales, 6. TORTS, QUASI-DELICTS
the loan or forbearance on money, goods, or interest at the prevailing rate prescribed by the 50 Phil. 558 (1927)).
credits and the rate allowed in judgments, in the Bangko Sentral ng Pilipinas, from the time of Q: What is a “quasi-delict”?
absence of stipulation, shall be 6% per annum judicial demand UNTIL FULL PAYMENT. While it is true that the interest ceilings set by the A: Whoever by act or omission causes damage to
(BSP Circular No. 799). Usury Law are no longer in force, it has been held another, there being fault or negligence, is obliged
(3) When the obligation, not constituting a loan or that PD 1684 and CB Circular 905 merely allow to pay for the damage done. Such fault or
However, judgments that became final and forbearance of money, goods, credits or contracting parties to stipulate freely on any negligence, if there is no pre-existing contractual
executory before July 1, 2013 shall continue to judgments, is breached, an interest on the amount adjustment in the interest rate on a loan by relation between the parties, is called a quasi-
apply the previous legal rate of 12% per annum of damages awarded may be imposed in the forbearance of money but do not authorize a delict and is governed by the provisions of this
(NACAR v. Gallery Frames Inc., G.R. No. 189871, discretion of the court at the prevailing legal unilateral increase of the interest rate by one party Chapter. (Civil Code, Art. 2176)
2013). interest prescribed by the Bangko Sentral ng without the other's consent (PNB v. CA, G.R. No.
Pilipinas, pursuant to Articles 2210 and 2011 of the L-26001, 1968). Q. What are the elements of a quasi-delict?
Q: What are the rules in the computation of Civil Code. No interest, however, shall be A: (DFA-CONOPRE)
legal interest? adjudged on unliquidated claims or damages until Q: When is the Usury Law’s effectivity 1. Damage suffered by plaintiff
A: The Supreme Court, in Lara’s Gifts & Decors v. the demand can be established with reasonable suspended? 2. Fault or Negligence of the defendant, or
Midtown Industrial Sales, G.R. No. 225433, 2019, certainty. A: The Monetary Board of Central Bank issued CB some other person whose acts he must
modified the new guidelines on the imposition of Circular 905, effective January 1, 1983, removed respond
interest as provided in Eastern Shipping Lines v. Accordingly, where the amount of the claim or the ceilings on interest rate on loans or 3. Connection of cause and effect between
CA, G.R. No. 97412, 1994 and NACAR v. Gallery damages is established with reasonable certainty, forbearance of money, goods, or credit. The the fault or negligence of the defendant
Frames, G.R. No. 189871, 2013: the prevailing legal interest shall begin to run from Circular did not repeal nor in any way amend the and the damages incurred by the plaintiff
the time the claim is made extrajudicially or Usury Law but simply suspended the latter’s 4. No pre-existing contractual relation
(1) When the obligation is breached, and it judicially (Civil Code, Art. 1169) UNTIL FULL effectivity. Interest can now be charged as lender between the parties
consists in the payment of a sum of money, i.e., a PAYMENT, but when such certainty cannot be so and borrower may agree upon. (Medel v. Court of (Andamo v. International Appellate Court
loan or forbearance of money, goods, credits or reasonably established at the time the demand is Appeals, G.R. No. 131622, November 27, 1998) G.R. No. 74761, 1990)
judgments, the interest due shall be that which is made, the interest shall begin to run only from the
stipulated by the parties in writing, provided it is not date of the judgment of the trial court (at which time Q: Distinguish escalation clauses from floating Q. What is a tort?
excessive and unconscionable, which, in the the quantification of damages may be deemed to rate of interest clauses. A: Acts that give rise to civil liability but are not
absence of a stipulated reckoning date, shall be have been reasonably ascertained) UNTIL FULL A: Escalation clauses are stipulations which necessarily the consequences of crimes or
computed from default, i.e., from extrajudicial or PAYMENT. allow for the increase (as well as the mandatory contractual obligations. (Paras, Pre-week
judicial demand in accordance with Article 1169 of decrease) of the original fixed interest rate. In turn, Handbook in Civil Law, p. 588, 2012)
the Civil Code, UNTIL FULL PAYMENT, without The actual base for the computation of the interest floating rate of interest refers to the variable
compounding any interest unless compounded shall, in any case, be on the principal amount interest rate stated on a market-based reference Q: Explain the differences between tort and
interest is expressly stipulated by the parties, by finally adjudged, without compounding any rate agreed upon by the parties. The former refers breach of contract.
law or regulation. interest unless compounded interest is expressly to the method by which fixed rates may be A: Their differences are as follows:
stipulated by law or regulation. increased, while the latter pertains to the interest 1) Negligence is direct, substantive, and
Interest due on the principal amount accruing as rate itself that is not fixed. (Security Bank Corp. v. independent in TORT while in BREACH
of judicial demand shall SEPARATELY earn legal Q: Must the manner of compounding the Spouses Mercado, 2018) OF CONTRACT, negligence is merely
interest at the prevailing rate prescribed by the interest also be in writing? incidental to the performance of the pre-
Bangko Sentral ng Pilipinas, from the time of A: In a loan agreement, compounding of interest Q: What is the effect of failing to pay a debt existing contractual obligation;
judicial demand UNTIL FULL PAYMENT. has to be in writing to be valid. Payment of with usurious/ unconscionable interest on the
2) In TORT, the defense of a “good father of
monetary interest shall be due only if: (1) there validity of a foreclosure?
a family” is complete insofar as parents,
(2) In the absence of stipulated interest, in a loan was an express stipulation for the payment of A: If the foreclosure arises out of the failure to pay
guardians, and employers are concerned
or forbearance of money, goods, credits or interest; and (2) the agreement for such payment a mortgage indebtedness that has been grossly
while this is not a complete defense in
judgments, the rate of interest on the principal was in writing. The first requirement does not only inflated by unconscionable interest, the
BREACH OF CONTRACT;
amount shall be the prevailing legal interest entail reducing in writing the interest rate to be foreclosure sale cannot be given any effect. A
earned but also the manner of earning the same,
3) There is no presumption of negligence in
prescribed by the Bangko Sentral ng Pilipinas, foreclosure must be conditioned on the debtor’s
TORT and it is incumbent upon the
which shall be computed from default, i.e., from if it is to be compounded. (Albos v. Embisan, G.R. failure to pay the correct amount of the unpaid
plaintiff to prove the negligence of a
extrajudicial or judicial demand in accordance with No. 210831, 2014) obligation, which cannot include unconscionable
defendant while in BREACH OF
Article 1169 of the Civil Code, UNTIL FULL interest charges. However, the terms of the
CONTRACT, negligence is presumed
PAYMENT, without compounding any interest mortgage remain effective, and foreclosure
from the breach itself and the burden is on
proceedings may be instituted after a demand to
the defendant to prove that there was no
negligence in carrying out its obligations although farther in time in relation to the injury, if In cases where the doctrine of last clear chance is Q: Define res ipsa loquitur.
(Orient Freight v. Keihin-Everett, G.R. No. the happening of it sets other foreseeable events applicable, the person who has the last clear A: The thing or transaction speaks for itself. This
191937, 2017) into motion resulting ultimately in the damage. chance is entirely liable without reference to the rule allows a disputable presumption or inference
(Abrogar v. Cosmos Bottling Co., G.R. No. negligence of the other party. No of negligence to arise against a defendant when
Q: What is the test for determining negligence? 164749, 2017) apportionment/mitigation of liability. (Philippine these requirements are present:
A: Did the defendant in doing the alleged negligent National Railways Corporation v. Natividad, G.R. 1) The accident is of such nature that it does
act use that reasonable care and caution which an Q: Differentiate between proximate cause and No. 190022, 2012) not ordinarily occur unless the defendant
ordinarily prudent person would have used in the contributory negligence. was negligent;
same situation? If not, then he is guilty of A: Q: Define assumption of risk in quasi-delict 2) The thing or instrumentality that caused
negligence. (Picart v. Smith, G.R. No. L-12219, cases. the injury was under the exclusive
Proximate Contributory
1918) A: One who voluntarily exposes himself to an management or control of the defendant;
Cause Negligence
obvious, known and appreciated danger assumes and
Q: When is negligence presumed? the risk of injury that may result therefrom. Volenti 3) The injury suffered by the plaintiff must not
When his When his
A: Negligence is presumed in the following cases: Non Fit Injuria – No wrong is done to him who have been due to any voluntary action or
negligence negligence
1. When res ipsa loquitur applies; consents. contribution on his part. (D.M Consunji v.
contributes to the contributes only to
2. When the principle of negligence per se principal his own injury, in Court of Appeals, G.R. No. 137873, 2001)
applies (negligence as a matter of law, or Nature As a defense in negligence cases, the doctrine
occurrence as conjunction with
where the defendant has violated a one of its the occurrence requires the concurrence of three elements, NOTE: The doctrine is based on the theory of
statute, ordinance, or traffic regulation); namely: necessity, or the fact that no direct evidence is
determining
3. When the defendant is a person who may 1. The plaintiff must know that the risk is available to the plaintiff to prove the defendant’s
factors
be held vicariously liable under Art. 2180 present; negligence (this is considered in some cases to be
(proving that the elements of quasi-delict Plaintiff cannot Plaintiff can 2. He must further understand its nature; and a 4th requirement). (Huang V. Philippine Hoteliers,
are present as to the tortfeasor); and recover recover but liability 3. His choice to incur it must be free and Inc. G.R. No. 180440, 2012)
4. When death or injury results from the Effect of defendant is voluntary.
defendant’s possession of dangerous mitigated (Civil Q: Define Damnum Absque Injuria.
weapons or substances, such as Code, Art. 2179,) Only an ordinary, known, or normal risk is covered A: Damage without injury. In order that an award
firearms or poison, unless the defendant by the doctrine of assumption of risk. of damages may be proper, the damage sustained
proves that his possession of these is by the plaintiff must proceed from some legal injury
indispensable to his business. (Civil Code, Q: What is an efficient intervening cause? The doctrine only applies to ordinary risks caused by the defendant. In other words, there
Art. 2188) A: An intervening cause, to be considered associated with an activity (e.g., death is not an must be damnum et injuria, or the concurrence of
efficient, must be one not produced by a wrongful ordinary risk associated with a marathon, and three (3) elements:
Q: Is good faith a complete defense in tort act or omission, but independent of it, and therefore, it cannot be argued that a person who 1) Injury, or the illegal invasion of the
cases? adequate to bring the injurious results. dies because he is hit by a vehicle while running a plaintiff’s legal right by the defendant;
A: No. Good faith is irrelevant in negligence cases, marathon assumed the risk of death). Also, a 2) Damage, which is the hurt or harm
particularly, in cases involving quasi-delicts under Any cause intervening between the first wrongful person who does not comprehend the risk sustained by the plaintiff; and
Art. 2176. It is irrelevant for purposes of cause and the final injury which might reasonably involved in a known situation because of his youth, 3) Damages, which is the compensation
determining liability. It is relevant only for purposes have been foreseen or anticipated by the original or lack of information or experience, will not be awarded by the courts for the damage
of determining the extent of recoverable damages. wrongdoer is not such an efficient intervening taken to consent to assume the risk. (Abrogar v. suffered by the plaintiff on account of the
But for purposes of determining liability, good faith cause as will relieve the original wrong of its Cosmos Bottling Co., G.R. No. 164749, 2017) injury inflicted by the defendant. (Spouses
is not a defense in negligence cases. Further, the character as the proximate cause of the final Custodio v. Court of Appeals, G.R. No.
presence of good faith does not foreclose a injury. (Abrogar v. Cosmos Bottling Co., G.R. No. Q: What is the controlling rule in breach of 116100, 1996)
violation of Articles 19 and 21 of the Civil Code on 164749, 2017) contracts simultaneously giving rise to an
abuse of rights. (Orient Freight v. Keihin-Everett, obligation based on quasi-delict? Q: Define vicarious liability.
G.R. No. 191937, 2017) Q: Define the doctrine of last clear chance. A: Not every act that results in a breach of contract A: Obligations arising from quasi-delict are
A: Also known as the “Doctrine of Discovered simultaneously gives rise to an obligation based demandable not only for one’s own acts or
Q: What is proximate cause? Peril” or the “Doctrine of Supervening on quasi-delict. In situations where the contractual omissions, but also for those of persons for whom
A: Proximate cause is that cause, which, in natural Negligence.” Where both parties are guilty of relation is indispensable to hold a party liable, one is responsible. Article 2180 of the Civil Code
and continuous sequence, unbroken by any negligence, but the negligent act of one succeeds there must be a finding that the act or omission provides that a person is not only liable for
efficient intervening cause, produces the injury that of the other by an appreciable interval of time, was done in bad faith/gross negligence and in one's own quasi-delictual acts, but also for
and without which the result would not have the person who has the last fair chance to avoid violation of Article 21 to give rise to an action those persons for whom one is responsible
occurred. (Vda. de Bataclan v. Medina, G.R. No. the impending harm and fails to do so is based on tort. (Orient Freight International Inc. v. for. (Spouses Jayme v. Apostol, G.R. No. 163609,
L-10126, 1957) chargeable with the consequences, without Keihin-Everett Forwarding Company, Inc. G.R. 2008)
reference to the prior negligence of the other party. No. 191937, 2017)
The negligence need not be the event closest in (Picart v. Smith Jr., G.R. No. L- 12219, 1918). This is based on the theory of imputed negligence
time to the injury; a cause is still proximate, where certain persons should exercise either
absolute or limited control or influence over the assigned tasks, even though the former pose the defense of diligence of a good father of a circumstances of the persons, time, and place. If
tortfeasor are disputably presumed negligent in are not engaged in any business or family. (Libi v. IAC, G.R. No. 70890, 1992) the law or contract does not state the diligence to
their supervision of the tortfeasor. This disputable industry. be observed, that which is expected of a good
presumption of negligence may be overcome 4. The State is responsible in like manner Q: Enumerate the people exercising substitute father of a family (or ordinary diligence) shall be
when the persons sought to be held vicariously when it acts through a special agent; but parental authority in order of preference. required. (Civil Code, Art. 1173)
liable prove that they observed ordinary diligence not when the damage has been caused by (GGEsC)
to prevent damage, or in the selection and the official to whom the task done properly A: Q: Define strict liability tort.
supervision of their employees (in the case of pertains. 1. Judicially appointed guardian A: Torts where the defendant may be held liable
employers). (Professional Services, Inc. v. Agana, 5. Teachers or heads of establishments of 2. Surviving grandparent pursuant to Art. 214 although he did not act with fault or negligence
G.R. Nos. 126297, 126467, & 127590, 2007) arts and trades, for damages caused by of the Family Code (Example: Under Article 2183, possessors or
their pupils and students or apprentices, 3. Eldest sibling over 21 unless unfit or users of animals are held liable even though the
Q: Distinguish vicarious liability from so long as they remain in their custody. disqualified animals escaped or were lost). (Civil Code, Arts.
respondeat superior. (Civil Code, Art. 2180) 4. Actual custodian over 21 and unless unfit 2183, 2187, & 2193).
A: Persons who are vicariously liable are held or disqualified.
liable for their own negligence in failing to diligently The responsibility treated of in this article shall Q. When is the driver of a motor vehicle
supervise the tortfeasor, and not for the cease when the persons mentioned prove that NOTE: For foundlings, abandoned, neglected, or presumed negligent?
negligence of the tortfeasor per se. Vicarious they observed all the diligence of a good father of abused (FANA) children under Art. 217 of the A:
liability is not based on the common law concept a family to prevent damage. 1. At the time of the mishap, he was violating any
Family Code, the orphanage or institution in
of respondeat superior where persons are traffic regulation. (Civil Code, Art. 2185)
conclusively presumed negligent on account of the Q: Discuss the summary of rules when a child charge of the foundling abandoned, neglected, 2. He had been found guilty of reckless driving or
negligence of the tortfeasor, and where the commits a tort. or abused child shall exercise substitute parental violating traffic regulations at least twice within
negligence of the tortfeasor is considered to be the A: authority. (Civil Code, Art. 2180) the next preceding two months. (Civil Code,
negligence of his master (Example: agency, 1. Establish or look at the age of the child. Art. 2185)
breach of contract, and subsidiary liability in case 2. General rule if the child is below 18: Q: What must the plaintiff generally prove
of crimes). (Delsan Transport v. C&A The parents or persons exercising against the employer in order make him liable Q. When does presumption of negligence arise
Construction, G.R. No. 156034, 2003; Light Rail substitute parental authority are against common carriers?
for the acts/omissions of employees?
Transit Association v. Navidad, G.R. No. 145804, vicariously liable. A:
2003) 3. Except: When the child is in the A:
• Common carriers, by reason of the nature
supervision, instruction or custody of the 1. That the employee is liable under Art. 2176;
of their business, should observe
Q: Who are vicariously liable under Art. 2180? persons or entities exercising special 2. An employer-employee relationship exists;
extraordinary diligence in the vigilance
A: The obligation imposed by article 2176 is parental authority. In which case, the and
over the goods they carry (Civil Code, Art.
demandable not only for one’s own acts or person or entity exercising special 3. That the employee was acting within the
1733)
omissions, but also for those of persons for whom parental authority shall be held directly scope of his assigned tasks. (De Llana v.
Biong, G.R. No. 182356, 2013) • In case of loss of the goods, the common
one is responsible. and primarily liable. carrier is presumed to have been at fault
4. Exception to the exception: If the parents or to have acted negligently. (Civil Code,
1. The father and, in case of his death or exercising special parental authority is Q: What is the defense of the employer to
Art. 1735)
incapacity, the mother, are responsible for insolvent or they establish that they prevent liability for the acts/omissions of • In case of death of or injuries to
the damages caused by the minor children observed due diligence to prevent employees? passengers, common carriers are
who live in their company. damage, then the parents or persons A: In order to overcome the presumption of presumed to have been at fault or to have
exercising substitute parental authority will negligence that arises against an employer by acted negligently. (Civil Code, Art, 1756)
NOTE: Because vicarious liability is based be subsidiarily liable. virtue of the tort committed by the employee, both
on parental authority, with the introduction 6. General rule if the child is 18-21: Then have to be established: Q: Clinic A conducts medical examinations of
of the Family Code, parental authority is the parents will be liable under Art. 1. Due diligence in the selection; and prospective OFWs, while Agency B is engaged
now jointly exercised by the parents. 2180(2). 2. Due diligence in the supervision. in the business of deploying OFWs. In January
Therefore, the order of preference 2008, Agency B referred Mr. C to Clinic A for
established in 2180(2) no longer applies. Q: What is the nature of the liability of parents Evidence of one or successfully proving one is as the conduct of medical tests (including for
(Libi v. IAC, G.R. No. 70890, 1992) when a child commits a tort? Hepatitis). Clinic A gave Mr. C a clean bill of
good as successfully proving nothing. Proof of only
A: The nature of the liability of parents is not health, and Agency B deployed him to Saudi
2. Guardians are liable for damages caused merely subsidiary. Their liability is primary. This is due diligence in the selection, but not in
Arabia. Upon Mr. C’s arrival in Saudi Arabia in
by the minors or incapacitated persons whether or not the damage caused by their minor supervision, will not absolve liability. (Safeguard
March 2008, and he was again tested for
who are under their authority and live in child arose from quasi-delict or from a criminal act. Security v. Tangco, G.R. No. 165732, 2006) Hepatitis. He tested positive and was
their company. This is also the reason why parents can avoid repatriated. Agency B claimed that Clinic A
3. Employers shall be liable for the damages liability if they will be able to show that they have Q: Define standard of care. was negligent in conducting Mr. C’s medical
caused by their employees and household acted with the diligence required by law. Because A: The diligence required by the nature of the examination, and should be held liable for
helpers acting within the scope of their if their liability is merely subsidiary, they can never obligation, and corresponds with the
expenses incurred by Agency B in deploying take a picture of them. The Birdie suit is made The general rule applies in this case as the facts exists a cause of action, which consists of 3
Mr. C. Is Clinic A liable under Article 2176? of thick leather. The person inside the costume reveal that OF’s duty to investigate arose because elements, namely:
A: No. Agency B failed to prove Clinic A’s can only see and hear through Birdie’s of its subcontracting agreement with KE. OF’s 1. a right in favor of the plaintiff by whatever
negligence in conducting the medical tests in “mouth”, which means that his abilities to see negligence did not create the vinculum juris with means and under whatever law it arises or
January 2008. Negligence is defined as the failure and hear are impaired. Birdie also had “wings” KE which should have given rise to the tort. Thus, is created;
to observe for the protection of the interests of instead of “hands”. Mother said “pa-picture” OF cannot be held liable fort tort under Article 2. an obligation on the part of defendant to
another person, that degree of care, precaution, and, without waiting for the person inside the 2176 but it should be held for breach of contract. respect such right; and
and vigilance which the circumstances justly Birdie suit to acknowledge her statement and 3. an act or omission on the part of such
demand, whereby such other person suffers injury. hold the baby, Mother let go of her baby and Q: May a hospital be held liable for the defendant violative of the right of the
Here, Mr. C tested positive for Hepatitis in March stepped back from the chair. The baby fell and negligence committed by its doctors, who are plaintiff.
2008, or 2 months after the tests conducted by was injured. Mother sued Restaurant for not its employees?
Clinic A. Agency B failed to prove that Mr. C damages based on quasi-delict. Is Restaurant A: Yes. The court as applied the doctrine of 7. DAMAGES
already had Hepatitis as at January 2008, which liable? agency by estoppel to hold hospitals liable for the
should have been detected by Clinic A. It is A: No. It was Mother’s own negligence that was negligent acts of physicians. This doctrine applies Q: What are the kinds of damages?
possible that Mr. C contracted Hepatitis after the the immediate and proximate cause of her baby’s when: A: Damages may be:
tests administered by Clinic A. Thus, Agency B injury. As mentioned in the facts, the Birdie suit is 1. The hospital represents that a physician or 1. Actual or compensatory;
failed to prove Clinic A’s negligence, and is thus made of thick leather, and the person inside the doctor is its employee or agent (example: 2. Moral;
not entitled to recover any damages from Clinic A. costume can only see and hear through Birdie’s displaying the doctor’s name in the 3. Nominal;
(St. Martin Polyclinic, Inc. v. LWV Construction “mouth”, which means that his abilities to see and hospital lobby); and 4. Temperate or moderate;
Corp., G.R. No. 217426, 2017) hear are impaired. Birdie also had “wings” instead 2. The patient relies on such 5. Liquidated; or
of “hands” which means that the person inside the representations. (Professional Services, 6. Exemplary or corrective. (Civil Code, Art.
Q: Dr. B operated on A to correct A’s fractured costume could not securely hold persons or Inc. v. Agana, G.R. No. 126297, 2007) 2197)
jaw. Due to not having the right size of screws, objects handed to him. Mother did not even wait
Dr. B cut the screws he had on hand to fit. The for the person inside the Birdie costume to Q: What are the elements of the “Doctrine of Q: What are the kinds of actual damages?
right-sized screws were available for acknowledge her request, and she was thus Informed Consent”? A:
purchase, but Dr. B did not inform A because negligent in leaving her baby on the chair A: The elements are: 1. Civil indemnity for death (Civil Code, Art.
he assumed the latter would not be able to expecting that the person inside the costume 1. The physician had a duty to disclose 2206)
afford them. After the operation, A was in would hold her baby. (Spouses Latonio v. material risks; 2. Lost profits (Civil Code, Art. 2200)
excruciating pain. X-rays showed that one of McGeorge Food Industries, Inc., G.R. No. 206184, 2. He failed or inadequately disclosed those 3. Attorney’s fees
the screws used by Dr. B hit A’s molar. A thus 2017) risks; 4. Value of the loss sustained (Civil Code,
went to Dentists C who removed and replaced 3. As a direct and proximate result of the Art. 2199)
the screws used by Dr. B. A demanded Q: KE Inc. and MS entered into an agreement failure to disclose, the patient consented 5. Interest (Civil Code, Art. 2210)
reimbursement from Dr. B for the expenses he with the former providing trucking services to to the treatment, which he or she would 6. Injury to business standing or commercial
incurred in connection with the operation the latter. KE subsequently subcontracted the otherwise not have consented to; and credit (Civil Code, Art. 2205 (2))
performed by Dentist C. Dr. B refused to pay. A services to OF Inc. One day, MS called KE’s 4. The patient was injured by the proposed 7. Temporary or permanent loss of earning
thus filed a civil case for damages against Dr. sales manager about a column which the treatment. (Li v. Soliman, G.R. No. capacity. (Civil Code, Art. 2205 (1))
B. Did Dr. B violate the doctrine of informed former saw in a newspaper tabloid, narrating 165279, 2011)
consent? the police interception of a stolen truck filled In actions based on torts or quasi-delicts, actual
A: Yes, because: (1) he had the duty of disclosing with MS’ products. KE subsequently asked OF Q: Define the doctrine of attractive nuisance. damages include all the natural and probable
to A the risks of using the larger screws; (2) he about the incident but the latter downplayed it. A: One who maintains on his premises dangerous consequences of the act or omission complained
failed to disclose these risks to A, because he Dissatisfied, KE independently investigated instrumentalities or appliances of a character likely of. There are two kinds of actual or compensatory
assumed that A could not afford the more the incident and discovered that the truck and to attract children i n play, and who fails to exercise damages:
expensive smaller/correct screws; (3) had been its contents had gone missing. OF thereafter ordinary care to prevent children from playing 1. Daño Emergentee - The loss of what a
informed that the larger screws are not appropriate admitted that its previous report was therewith or resorting thereto, is liable to a child of person already possesses.
and that an additional operation might be required erroneous and the theft was proven. MS pre- tender years who is injured thereby, even if the 2. Lucro Cesante - The failure to receive as
to replace the screws Dr. B intended to use, A terminated its agreement with KE on the child i s technically a trespasser in the premises. a benefit that would have pertained to him.
would not have agreed to the operation; and (4) A ground of loss of confidence. KE filed a case (Jarco Marketing Corp. v. Court of Appeals, G.R. (PNOC Shipping v. Court of Appeals, G.R.
experienced pain and could not heal properly against OF for damages. Can OF be held liable No. 129792, 1999; Hidalgo Enterprises, Inc. v. No. 107518, 1998)
because one of the screws used by Dr B hit his under Article 2176 of the Civil Code? Balandan, G.R. No. L-3422, 1952)
molar. (Rosit v. Davao Doctors Hospital, G.R. No. A: No. According to jurisprudence, where there is Q: When are nominal damages awarded?
210445, 2015) a pre-existing contractual obligation between the Q: When does the action based on quasi-delict A: Nominal damages are adjudicated in order that
parties, the breaching party may not be held liable prescribe? a right of the plaintiff, which has been violated or
Q: Mother placed her 8-month old baby (who for tort but for breach of contract (except when the A: Must be instituted within 4 years from the day invaded by the defendant, may be vindicated or
could not yet stand on his own) on a chair in said breach would also give rise to an extra- the quasi-delict is committed. (Civil Code, Art. recognized, and not for the purpose of
front of Birdie (the mascot) so that she could contractual liability had there been no contract). 1146). The right of action accrues when there
indemnifying the plaintiff for any loss suffered by Q: Is the award of damages completely barred Damages for LEC =2/3(80-X) multiplied by Net ———— end of topic ————
him. (Civil Code, Art. 2221) in the absence of competent proof? Annual Income where:
A: Hearsay evidence, whether objected to or not, a) “X” is the deceased or permanently
Q: What are liquidated damages? has no probative value. Accordingly, damages incapacitated person’s age at the time
A: Those agreed upon by the parties to a contract, may not be awarded on the basis of hearsay of the accident; and
to be paid in case of breach thereof. (Civil Code, evidence. b) “Net Annual Income” is equivalent to a
Art. 2226,) person’s Gross Annual Income less
However, the absence of competent proof on the Necessary and Living Expenses (in
Q: When may liquidated damages be reduced? actual damage suffered, a plaintiff is entitled to the absence of evidence, it is
A: nominal damages which, as the law says, is presumed that Necessary and Living
1. Iniquitous or unconscionable adjudicated in order that a right of the plaintiff, Expenses are equal to half a person’s
2. Partial or irregular performance (Civil Code, which has been violated or invaded by defendant, Gross Annual Income).
Art. 1229) may be vindicated and recognized, and not for the ● The formula may be modified
purpose of indemnifying the plaintiff for any loss at the court’s discretion, as
Q: What are temperate or moderate damages? suffered. (Civil Code, Art. 2221) when a minor who was not yet
A: More than nominal but less than compensatory earning is involved.
where some pecuniary loss has been suffered but Q: May loss of earning capacity be awarded as “X” may be fixed at 21, instead of the
its amount cannot be proved with certainty due to damages for the death of a minor child who has person’s age at the time of his death
the nature of the case. (Civil Code, Art. 2224) no history of earnings? or permanent incapacity. Courts may
A: Yes. Art. 2206 (1) of the CC provides that presume that persons graduate from
In cases where the resulting injury might be damages for Loss of Earning Capacity (LEC) shall college at the age of 21, and it is only
continuing and possible future complications be assessed and awarded by the court “unless the then that they would start earning a
directly arising from the injury, while certain to deceased on account of permanent physical livelihood
occur are difficult to predict, temperate damages disability not caused by the defendant, had no “Net Annual Income” may be
can and should be awarded on top of actual or earning capacity at the time of his death”. computed on the basis of the
compensatory damages; in such cases there is no Damages for LEC may be awarded to a minor’s prevailing minimum wage for workers
incompatibility between actual damages and heirs although he had no history of earnings in the non-agricultural sector at the
temperate damages. because compensation of this nature is awarded time of the minor’s death or
not for the loss of time or earnings, but for the loss permanent incapacity. (Spouses
of the deceased’s power or ability to earn money. Pereña v. Spouses Zarate, G.R. No.
Q: What are exemplary damages? (Spouses Pereña v. Spouses Zarate, G.R. No. 157917, 2012; and Abrogar v.
A: Imposed by way of example or correction for 157917, 2012) Cosmos Bottling Co., G.R. No.
the public good, in addition to the moral,
164749, 2017)
temperate, liquidated damages or compensatory Q: What damages may be awarded in cases of Support for a period not exceeding 5 years to
damages. (Civil Code, Art. 2229) death? persons whom the deceased was obliged to
A: The damages that may be awarded include the support (Art. 2206 [2], CC);
Q: Who has the burden of proof to recover following: (CALSIME) Interest, which may be awarded in the
damages? 1) Civil indemnity, which is the award given to discretion of the court (Art. 2211);
A: To enable an injured party to recover actual or the heirs as a form of compensation for the Moral damages (but only to the spouse,
compensatory damages, he is required to prove death of the victim. Its grant is mandatory and legitimate and illegitimate ascendants and
the actual amount of loss with reasonable degree does not require proof other than the fact of descendants) (Art. 2206 [3], CC);
of certainty premised upon competent proof and death as the result of the crime or quasi-delict,
on the best evidence available. The burden of 7) Exemplary damages.
and the fact that the accused was responsible
proof is on the party who would be defeated if no therefor. The Civil Code fixes a minimum
evidence would be presented on either side. He Q: A criminal case for libel was filed on day 1.
amount of P3,000 and does not fix a May a civil case for the recovery of damages
must establish his case by a preponderance of maximum. (People v. Oandasan, Jr., G.R. No.
evidence. A court cannot merely rely on based on the same act constituting the crime
194605, 2016) of libel be filed on day 2?
speculations, conjectures, or guesswork as to the 2) Actual damages (e.g., for hospitalization,
fact and amount of damages as well as hearsay or A: Yes. Article 33 provides an independent civil
funeral expenses, etc.). If the amount of these action in cases of fraud, defamation, and physical
uncorroborated testimony whose truth is suspect. expenses is not fully substantiated through
(Heirs of Justiva v. Gustilo, G.R. No. L-16396, injuries. This action may proceed simultaneously
receipts, temperate damages may be and independently of the criminal action. The
1963) awarded in lieu of actual damages. (Art. 2224, outcome of this independent civil action does not
CC; Lim v. Tan, G.R. No. 177250, 2016) depend on the outcome of the criminal case,
3) Actual damages for Loss of earning capacity subject only to the prohibition against double
(LEC), which are computed as follows: recovery. (Civil Code, Art. 33)
B. COMMERCIAL LAW 1. CORPORATIONS corporations, to the extent of at least a majority of

its outstanding capital stock As To Existence of Stocks
TOPIC OUTLINE UNDER THE SYLLABUS: a. KINDS OF CORPORATIONS, Stock corporations are those which have capital
Government Instrumentality refers to stock divided into shares and are authorized to
INCLUDING CORPORATION SOLE
B. COMMERCIAL LAW instrumentalities or agencies of the government, distribute to the holders of such shares, dividends,
1. Corporations which are neither corporations nor agencies or allotments of the surplus profits on the basis of
Q: What is the definition of a Corporation?
a. Kinds of corporations, including integrated within the departmental framework, but the shares held.
A: It is an artificial being created by operation of
corporations sole vested by law with special functions or jurisdiction,
law, having the right of succession and the
b. Composition of/membership in endowed with some if not all corporate powers, Nonstock corporations are those where no part
powers, attributes and properties expressly
board of directors administering special funds, and enjoying of its income is distributable as dividends to its
authorized by law or incident to its existence.
c. Powers, duties and prerogatives operational autonomy usually through a charter. members, trustees, or officers
(Revised Corporation Code [“RCC”], Sec.2)
of boards of directors and Cited in Republic v. Heirs of Bernabe, G.R. No.
stockholders 237663, [October 6, 2020]) but the doctrinal basis
Q: What are the attributes of a corporation? STOCK NON-STOCK
d. Articles of incorporation of which is in Manila International Airport Authority
(AOS-P) (RCC, Sec. 3) (RCC, Sec. 86-87)
e. By-laws v. Court of Appeals [G.R. No. 155650, July 20,
A:
2. Intra -corporate dispute (concept) 2006, 495 SCRA 591]. Those which have One where no part of its
a. Artificial being with separate and distinct
3. Intellectual property personality; capital stock divided into income is distributable
a. Copyright As to Place of Incorporation shares and are as dividends to its
b. Created by Operation of law;
b. Fair use principle 1. Domestic – one incorporated under laws of the authorized to distribute members, trustees or
c. Has the right of Succession;
c. Moral rights Philippines to the holders of such officers;
d. Has the Powers and attributes conferred
4. Insurance 2. Foreign – one formed, organized or existing shares, dividends or
by law or incident to its existence. (RCC,
a. What can be insured under any laws other than those of the allotments of the surplus
Sec. 2)
b. Claims for life insurance Philippines, and whose laws allow Filipino profits on the basis of the
5. Republic Act No. 10173 (Data Privacy Act citizens and corporations to do business in its shares held;
Q: What are the Classes of Corporations?
of 2012) own country. (RCC, Sec. 140)
A:
Free transferability of Membership and all
As To Legal Status stocks; rights arising therefrom
In Relation to the State
1. De jure corporation – Corporation are purely personal and
PUBLIC PRIVATE organized in accordance with non-transferable
CORPORATION CORPORATION requirements of law; (unless otherwise
2. De facto corporation (RCC, Sec. 19) provided in the articles
Government owns or Organized by private a. A corporation claiming in good of incorporation)
holds the controlling persons alone or with faith to be a corporation under the
interest; the Government; Corporation Code but where there Incorporators may be Juridical persons may
exists a flaw in its incorporation, any person, partnership, be members of a non-
Created by a special Generally, created or it falls short of the requirements association or stock corporation,
law constituting its under a general law provided by law. corporation (RCC, sec. provided that they have
charter; (e.g., RCC); b. Elements: (LAGI) 10); a representative for the
i. Valid Law under which purposes of qualifying
For a public purpose. Generally, for profit. incorporated; Natural persons who are them as incorporators;
ii. Assumption of corporate licensed to practice a
Government Owned or Controlled Corporation powers; profession, and
(GOCC) refers to any agency organized as a stock iii. Attempt in Good faith to partnerships or
or nonstock corporation, 1 vested with functions incorporate or “colorable associations organized
relating to public needs whether governmental or compliance;” and for the purpose of
proprietary in nature, and owned by the iv. Issuance of certificate of practicing a profession,
Government of the Republic of the Philippines incorporation. (Arnold shall not be allowed to
directly or through its instrumentalities either Hall v. Piccio, G.R. No. L- organize as a
wholly or, where applicable as in the case of stock 2598, 1950) corporation unless
3. Corporation by estoppel - There is a otherwise provided
corporation by estoppel when persons under special laws;
assume to act as a corporation knowing it
to be without authority to do so. (RCC, Non-voting stocks may Members may be
1As these terms are defined in the Corporation Sec. 20; Macasaet v. Co, Jr. G.R. No. still vote on certain denied entirely of their
Code and whether formed under the Revised 156759, 2013) matters (RCC, sec. 6); voting rights in the
Corporation Code or by special charter.
NOTE: A stock corporation may be converted into members, trustees, or officers, subject to the restrictions on transfer permitted by Title
STOCK NON-STOCK
a non-stock corporation by mere amendment of provisions of the Corporation Code on dissolution. XII of the RCC; and
(RCC, Sec. 3) (RCC, Sec. 86-87) the articles of incorporation. On the other hand, a (RCC, Secs. 86 – 87) 3. The corporation shall not list in any stock
non-stock corporation must be dissolved first and exchange or make any public offering of
articles of incorporation
thereafter, the members may organize the stock Requisites: any of its stock of any class.
or by-laws;
corporation. (See VILLANUEVA, PHILIPPINE 1. Does not have a capital stock divided into
Proxy representation Proxy representation CORPORATE LAW 901-902 (2013)) shares NOTE: A corporation shall not be deemed a close
cannot be denied; may be denied in 2. No part of its income is distributable as corporation when at least two-thirds (2/3) of its
articles of incorporation As To Control dividends to its members voting stock or voting rights is owned or controlled
or by-laws; a. Holding company – one that controls 3. They must be formed or organized for sny by another corporation which is not a close
another as a subsidiary or affiliate by the of the purposes specified in Sec. 87 corporation within the meaning of the Revised
Delinquency of stock Right to vote or be power to elect its management; one which Corporation Code. (RCC, Sec. 95)
automatically suspends voted upon is holds shares in other companies for Q: What are the purposes provided by law for
the right to vote or be suspended only when purposes of control rather than for mere non-stock corporations? Q: What is a corporation sole and its
voted upon; the delinquent investment. (SEC Opinion No. 15-15) A: A non-stock corporation may be formed or nationality?
stockholder is b. Affiliate company – one that is subject to organized for the following purposes: A: It is a special form of corporation, usually
disenfranchised under common control of a parent or holding a. Charitable, associated with the clergy and consists of one
the articles of company and operated as part of a b. Religious, person only and his successors, which is
incorporation or by- system. (SEC Opinion No. 15-15) c. Educational, incorporated by law for the purpose of
laws; c. Parent and subsidiary companies – when d. Professional, administering and managing, as trustee, the
a corporation has a controlling financial e. Cultural, affairs, property and temporalities of any religious
Quorum is determined Quorum is determined interest in one or more corporations, the f. Recreation, denomination, sect or church to give some legal
by the number of by the number of actual one having control is known as the “parent g. Fraternal, capacities and advantages.
outstanding voting living members with company” and the controlled corporations h. Literary,
stocks; voting rights; are known as the “subsidiary companies”. i. Scientific, A corporation sole does not have any nationality
j. Social, but for purposes of applying our nationalization
Only cumulative voting GR: straight voting As To Purpose of Incorporation k. Civic Service, laws, nationality is determined by the nationality of
EX: cumulative voting, a. Municipal corporation l. Similar purposes, like trade, industry, the members (Roman Catholic Apostolic Church
only if in articles of b. Religious corporation agriculture and like chambers, or v. LRC, G.R. No. 8451, 1957).
incorporation or by- c. Educational corporation m. Any combination of thereof (RCC, Sec.
laws d. Charitable, Scientific or Vocational 87) Q: What is the composition of a Corporation
corporation Sole?
The number of directors The number of trustees e. Business corporation Q: What is the treatment of profits earned by a A: A corporation sole may be formed by the chief
in the Board of Directors in the Board of non-stock corporation? archbishop, bishop, priest, minister, rabbi, or other
must not be more than Trustees may exceed As To Number of Members A: The mere fact that a non-stock corporation may presiding elder of such religious denomination,
15 directors; 15 trustees; a. Aggregate – a corporation which consists earn profit does not make it a profit-making sect or church, for the purpose of administering
of many persons united to form a body corporation, where such profit is used to carry out and managing, as trustee, the affairs, property and
Board appoints the Board appoints the politic and corporate (IEMELIF v. Lazaro, the purposes set forth in the Articles of temporalities of any religious denomination, sect
officers officers. Members may G.R. No. 184088, 2010). Incorporation and is not distributed to its or church. (RCC, Sec. 108)
also directly elect b. Corporation sole – Formed by one person incorporators, members, trustees, or officers.
officers, unless who may be the chief archbishop, bishop, (SEC Opinion, 13 November 1990, XXIV SEC Q: What laws would govern educational
otherwise provided in minister, rabbi, or other presiding elder of Quarterly Bulletin 63) corporations?
the articles of any religious denomination, sect or A: Educational corporations shall be governed by:
incorporation of by- church. (RCC, Sec. 108) Q: What are the characteristics of a close 1. Special laws (e.g. “Education Act of
laws c. Close Corporation - a corporation where corporation? 1982”)
stockholders of record shall not exceed A: A close corporation, within the meaning of the 2. General provisions of the Revised
Dissolution = corporation Dissolution = twenty (20) (RCC, Sec. 95) RCC, is one whose articles of incorporation Corporation Code (RCC, Sec. 105)
can no longer carry on its corporation can no d. One Person Corporation - a corporation provides that:
business enterprise longer carry on its with a single stockholder. Only a natural 1. All the corporation’s issued stock of all
operations as a person, trust, or an estate may form a One classes, exclusive of treasury shares,
corporation. If it does, it Person Corporation. (RCC, Sec. 115) shall be held of record by not more than a
will only be deemed an specified number of persons, not
ordinary association Q: What is a non-stock corporation? exceeding twenty (20);
without juridical A: A non-stock corporation is one where no part of 2. All the issued stock of all classes shall be
personality. its income is distributed as dividends to its subject to one or more specified
b. COMPOSITION OF / MEMBERSHIP IN director shall thereby cease to be a A: A director or trustee elected to fill a vacancy and
BOARD OF DIRECTORS director. (RCC, Sec. 22) Q: When are independent directors required? shall serve only for the unexpired term of the
(RCC, Sec. 22) predecessor in office. (RCC, Sec. 28)
Q: What is the doctrine of “Centralized b. He must not be disqualified under the A: The board of the following corporations vested
Management”? RCC (RCC, Sec. 26) with public interest shall have independent Q: What are the requisites for the removal of a
A: The corporate powers of corporations shall be c. He must possess other qualifications as directors constituting at least twenty percent (20%) Director? (MN-2/3-C)
exercised, all business conducted and all property may be prescribed in the by-laws of the of such board: A:
of such corporations controlled and held by the corporation. (Gokongwei, Jr. v. SEC, G.R. a. Corporations covered by “The Securities a. Regular meeting or special Meeting of the
board of directors or trustees to be elected from No. L-45911, 1979) Regulation Code”, namely: stockholders or members called for the
among the holders of stocks, or where there is no d. He must be of legal age i. those whose securities are registered purpose;
stock, from among the members of the corporation with the SEC, b. Previous Notice to the stockholders or
(RCC, Sec. 22). Q: Is it valid to amend By-Laws in order to ii. corporations listed with an exchange members of the intention to remove;
place additional qualifications for members of or with assets of at least Fifty million c. Removal must be by a vote of the
Q: How many members are in the Board of the Board of Directors? pesos (P50,000,000.00) and having stockholders representing at least 2/3 of
Directors (stock) or Trustees (nonstock)? A: It is valid to amend By-Laws to place more two hundred (200) or more holders of the OCS or at least 2/3 of the members,
A: qualifications for members of the Board of shares, each holding at least one as the case may be;
1. For Stock Corporations – Shall not be more Directors other than those required in the hundred (100) shares of a class of its d. Director may be removed with or without
than 15 (RCC, Sec. 13) Corporation Code. The law only provides for equity shares; Cause, unless he was elected by the
2. For Non-Stock Corporations – minimum qualifications that corporations are free b. Banks and quasi-banks, NSSLAs, minority, in which case, it is required that
a. Ordinary Non-Stock – May be more to expand. As held in Gokongwei v. SEC (G.R. No. pawnshops, corporations engaged in money there is cause for removal. (RCC, Sec. 27)
than 15 (RCC, Sec. 13) L-45911, 1979), every corporation has the service business, pre-need, trust and
b. Educational corporations and inherent power to adopt by-laws for internal insurance companies, and other financial Q: When are elections for vacancies in the
religious society – Not less than 5 nor government and to regulate the conduct and intermediaries; and board held? (RCC, Sec. 28)
more than 15 (RCC, Sec. 106 & 114) relationships of its members even in the absence c. Other corporations engaged in business A:
of enabling specific provisions in the charter. vested with public interest similar to the above, a. Due to term expiration - the election shall
Note: There is no more minimum number of as may be determined by the SEC, be held no later than the day of such
directors or trustees prescribed in the RCC, except Q: What are the Disqualifications of Directors, considering such factors: expiration at a meeting called for that
for educational corporations and religious Trustees, or Officers? i. such as the extent of minority purpose.
societies which, under Sections 106 and 114 of the A: A person shall be disqualified from being a ownership; b. Result of removal - the election may be
RCC, shall have not less than 5 nor more than 15 director, trustee, or officer of any corporation if, ii. type of financial products or securities held on the same day of the meeting
trustees. within five (5) years prior to the election or issued or offered to investors, authorizing the removal and this fact must
appointment as such, the person was: iii. public interest involved in the nature of be so stated in the agenda and notice of
Q: What is the term of a director or trustee? a. Convicted by final judgment: business operations, and said meeting.
(RCC, Sec. 22) i. Of an offense punishable by iv. other analogous factors. c. In all other cases, the election must be
A: Directors shall be elected for a term of one (1) imprisonment for a period held no later than forty-five (45) days from
year from among the holders of stocks registered exceeding six (6) years; Q: What are the requirements of independent the time the vacancy arose.
in the corporation’s books ii. For violating the Revised directors? (ISES)
Corporation Code; and A: Q: When can a vacancy caused NOT by
Trustees shall be elected for a term not exceeding iii. For violating “The Securities 1. Independent of management and free from removal or expiration of term be filled? (RCC,
three (3) years from among the members of the Regulation Code”; any relationship which could materially Sec. 28)
corporation. b. Found administratively liable for any interfere with the exercise of independent A: It may be filled by:
offense involving fraudulent acts; and judgment as a director a. the vote of at least a majority of the
Each director/trustee shall hold office until the c. By a foreign court or equivalent foreign 2. a Shareholder remaining directors or trustees, if still
successor is elected and qualified. regulatory authority for acts, violations or 3. Elected by the shareholders present or constituting a quorum;
misconduct similar to those enumerated in entitled to vote in absentia during the election b. if not, said vacancies must be filled by the
Q: What are their qualifications? paragraphs (a) and (b) above. (RCC, Sec. of directors. stockholders or members in a regular or
a. Must own at least one (1) share of the 26) 4. Subject to rules and regulations governing special meeting called for that purpose.
capital stock of the corporation in his own their qualifications, disqualifications, voting
name or must be a member in the case of Q: Are these grounds exclusive? requirements, duration of term and term limit, Q: When can an Emergency Action by an
non-stock corporations A: No, the foregoing is without prejudice to maximum number of board memberships and Emergency Board be resorted to? (RCC, Sec.
qualifications or other disqualifications, which the other requirements that the SEC will prescribe 28)
Any director who ceases to be the owner SEC or the Philippine Competition Commission (RCC, Sec. 22) A: Requirements:
of at least one (1) share of the capital may impose in its promotion of good corporate a. If the vacancy prevents the remaining
stock of the corporation of which he is a governance or as a sanction in its administrative Q: What is the term of a replacement director directors from constituting a quorum; and
proceedings. (RCC, Sec. 26) or trustee elected to fill a vacancy? b. emergency action is required to prevent
grave, substantial, and irreparable loss or impliedly, in the law. (Umale v. ASB Realty, G.R.
damage to the corporation No. 181126, June 15, 2011) Q: How is the power to incur, create, increase Q: What are the differences between Pre-
bonded indebtedness exercised? (RCC, Sec. emptive Right and Right of First Refusal?
In the above circumstances, the vacancy may be Q: How is the power to extend or shorten the 37) A:
temporarily filled from among the officers of the corporate term exercised? A:
corporation by unanimous vote of the remaining A: There should be a written notice of 1. Approved by majority of the board PRE-EMPTIVE RIGHT OF FIRST
directors or trustees. stockholders/members meeting. The vote needed 2. Approved by at least 2/3 of members in a RIGHT REFUSAL
are board majority (in board meeting) and ratified meeting Generally may be Arises only by virtue of
Q: What are the effects when Emergency by 2/3 of OCS or members in a meeting – mere 3. With notice of the proposal and meeting exercised, subject to contractual
Action is taken? (RCC, Sec. 28) written assent is not enough. (RCC, Sec. 36) given to stockholders limitations in the RCC stipulations or by law
A: 4. With prior approval of the SEC Covers unissued
a. The vacancy may be temporarily filled Note: as a general rule, corporations now have Covers shares already
shares offered for
from among the officers of the corporation perpetual existence, as stated in Sec. 11 of the Q: What is the rule regarding the shareholder’s issued
subscriptions
by unanimous vote of the remaining RCC; therefore, the power to shorten or extend preemptive rights? Can only be exercised
directors or trustees. corporate term is an exception and is only A: May be exercised by by the owner and not
b. The action by the designated director or available if there is a fixed or specified term in the General rule: Stockholders have the pre-emptive mere trustee or mere trustee or
trustee shall be limited to the emergency Articles of Incorporation. right to subscribe to all issues or disposition of conservator (Republic conservator, since it is
action necessary, shares of any class in proportion to their v. Sandiganbayan, an act of ownership
c. The term shall cease within a reasonable Q: How is the power to increase or decrease shareholdings G.R. No. 107789, (Republic v.
time from the termination of the capital stock exercised? (RCC, Sec. 37) 2003) Sandiganbayan, G.R.
emergency or upon election of the A: Unless: No. 107789, 2003)
replacement director or trustee, whichever 1. Approved by majority of the board • Denied by the Articles of Incorporation or Right claimed against
comes earlier. 2. Approved by at least 2/3 of OCS in a amendment thereto; Right exercisable
the Corporation,
d. The corporation must notify the SEC meeting • Shares are issued in compliance with laws against the seller-
where the stockholder
within three (3) days from the creation of 3. With notice of the proposal and meeting requiring minimum stock ownership by the must pay stockholder
the emergency board, stating therein the given to stockholders public
reason for its creation. 4. With prior approval of the SEC • Shares issued in good faith in exchange Q: How is the power to sell or dispose
5. Accompanied by a sworn statement of the for property for corporate purposes corporate assets exercised?
Q: What is the rule on the alien membership in treasurer showing that the 25-25 rule has approved by 2/3 of the OCS A: A written notice of the stockholder/member
Board of Directors? been complied with • Shares in payment of previously meeting proposing said action must be served
A: P.D. No. 715: “election of aliens as members of contracted debts approved by 2/3 of OCS personally, and such matters must be voted by the
the board of directors of governing body of Q: What is the 25-25 rule (25%-25%)? (RCC, Sec. 38) Board of Directors or Trustees, or both the board
corporations or associations engaging in partially A: An application for the increase of capital stock and the stockholders/members, as the case may
nationalized activity shall be allowed in proportion shall not be accepted by the SEC unless Q: What is preemptive right? be. (RCC, Sec. 39)
to their allowable participation or share in the accompanied by a sworn statement of the A: Preemptive right is the shareholders’ right to
capital of such entities.” treasurer showing that: subscribe to all issues or dispositions of shares of Q: What are the votes required in disposing
1. At least 25% of the increase in capital any class in proportion to his present corporate assets?
Non-Filipino citizens may become members of the stock must be subscribed; and stockholdings, the purpose being to enable the A:
board of directors of a bank to the extent of the 2. At least 25% of amount subscribed has shareholder to retain his proportionate control in If it is Not All or Substantially All, Majority Vote
foreign participation in the equity of said bank. been paid in actual cash or property. the corporation. by Board of Directors or Trustees ONLY
(General Banking Law, Sec. 15) (RCC, Sec. 37)
This right may be denied by the articles of if it is All or Substantially All Corporate Assets
c. POWERS, DUTIES, AND Note: the 25-25 rule applies only when increasing incorporation or an amendment thereto. (RCC, Including its Goodwill, it needs a:
PREROGATIVES OF BOARDS OF the capital stock. The 25-25 rule has been retained Sec. 38) 1. Majority Vote by Board of Directors or
DIRECTORS AND STOCKHOLDERS by the RCC in the increase of capital stock but it Trustees; and
has been removed in the filing of the original Q: What is the right of first refusal? 2. 2/3 of OCS or members (RCC, Sec. 39).
Q: What is the theory of general capacity? articles of incorporation. A: The right of first refusal provides that a
A: The general capacity theory maintains that a stockholder who may wish to sell or assign his Q: When is the disposition a sale of all or
corporation is said to hold such powers as are not Q: What is bonded indebtedness? shares must first offer the shares to the substantially all corporate assets?
prohibited or withheld from it by general law. A: Bonded indebtedness refers to the secured corporation or to the existing stockholders of the A: If thereby the corporation would be rendered
(RCC, Sec. 35) indebtedness or those secured by real or personal corporation. Only when the corporation or the incapable of continuing the business or
property that are covered by certificates. They other stockholders do not or fail to exercise their accomplishing the purpose for which it was
Q: What is the theory of specific capacity? refer to negotiable corporate bonds secured by option, is the offering stockholder at liberty to incorporated. (RCC, Sec. 39)
A: As a creature of law, the power and attributes mortgage on property (Sec 3(A) Memorandum dispose of his shares to third parties. (Villanueva,
of the corporation are those set out expressly or Circular No 6, Series of 2008) Philippine Corporate Law 422-23 (2013))
Q: What are stock dividends? 2. It is for a legitimate corporate purpose or ▪ Where majority of directors in both Q: What is the Doctrine of Apparent Authority?
A: Stock dividends are earnings which are purposes, including the following cases: corporations are the same A: If a corporation knowingly permits one of its
distributed to stockholders in the form of shares of a. To eliminate fractional shares officers, or any other agent, to act within the scope
stock. It involves the conversion of arising out of stock dividends; Q: What are the rules governing the power to of an apparent authority, it holds him out to the
surplus/undivided profits into capital. b. To collect or compromise an enter into management contract? public possessing the power to so do those acts;
indebtedness to the corporation, A: and thus, the corporation will, as against anyone
The declaration of stock dividends is akin to a arising out of unpaid subscription, General Rule: Contract may not exceed 5 years who has in good faith dealt with it through such
forced purchase of stocks. By declaring stock in a delinquency sale, and to per term agent, be estopped from denying the agent’s
dividends, a corporation ploughs back a portion of purchase delinquent shares sold authority. (Francisco v. GSIS, G.R. No. L-18287,
its entire unrestricted retained earnings either to its during said sale; Exception: Contracts relating to exploration, 1963)
working capital or for capital asset acquisition or c. To pay dissenting or withdrawing development, exploitation or utilization of natural
investments. It cannot be said that no stockholders entitled to payment resources, where pertinent laws or regulations will Q: Can an officer of a corporation be a third
consideration is involved in the issuance of stock for their shares under the govern. (RCC, Sec. 43) person in contract with the said corporation be
dividends. When the dividend is distributed, it provisions of the Corporation allowed to invoke Doctrine of Apparent
ceases to be a property of the corporation as the Code. (RCC, Sec. 40) Q: How are the corporate powers exercised by Authority?
entire or portion of its unrestricted retained the shareholders? A: Yes. While it is true that the doctrine cannot be
earnings is distributed pro rata to corporate Q: What are the requirements in the power to A: Generally, the vote requirement (either a invoked by one who is not a third party, an officer
shareholders. (PLDT v NTC, G.R. No. 153685, invest corporate funds in another corporation majority or ⅔) of the shareholders or members are of a corporation can actually be a third person in
December 4, 2007). or business? joined with or is a ratification of a majority vote by contract with the corporation. (People’s Aircargo v.
A: the Board of Directors. Court of Appeals, G.R. No. 117847, 1998)
Q: What are the two tests to determine if the 1. Board majority in meeting
sale is of all or substantially all corporate 2. 2/3 of OCS or members – Q: How are the corporate powers exercised by Q: What are the applicable types of Ultra Vires
assets? Stockholders/members’ approval not the Board? cases?
A: Net Asset Value Test - The determination of needed if investment in stock of other A: The Board of Directors is the main agency by A:
whether or not the sale involves all or substantially corporations is reasonably necessary to which all corporate powers and authority are 1. First type: Acts done beyond the powers
all of the corporation’s properties and assets must accomplish primary purpose exercised. Generally, a majority vote of the Board of the corporation as provided for in the
be computed based on its net asset value, as 3. Written notice of proposed investment and is needed. law or its articles of incorporation (Sec. 44)
shown in its latest financial statements. time and place of meeting sent to 2. Second type: Acts or contracts entered
stockholder Q: How are the corporate powers exercised by into on behalf of the corporation by
Incapacity Test - A sale or other disposition shall 4. Dissenting stockholders have appraisal the officers? persons without corporate authority, even
be deemed to cover substantially all the corporate rights (RCC, Sec. 41) A: The officers shall manage the corporation and though the contract is within the powers of
property and assets if thereby the corporation perform such duties as may be provided in the the corporation (Manila Metal Container
would be rendered incapable of continuing the Q: How is the power to declare dividends bylaws and/or as resolved by the board of Corp. v. PNB, G.R. No. 166862, 2006)
business or accomplishing the purpose for which exercised? directors. (RCC, Sec. 24) and
it was incorporated. (RCC, Sec. 39) A: Only Board action is needed, except if it is stock 3. Third type: Acts or contracts, which are
dividends where ⅔ vote of the stockholders is Q: What are ultra vires acts? per se illegal as being contrary to law.
Q: What are treasury shares? needed. (RCC, Sec. 42) A: These are acts done by a corporation outside
A: Shares of stock which have been issued and of those conferred by the corporation code or by Q: What are the consequences of ultra vires
fully paid for, but subsequently reacquired by the Q: What are the requirements to the power to its AOI and those that are not necessary or acts?
issuing corporation through purchase, redemption, enter into management contract? incidental to the exercise of the powers so A:
donation, or some other lawful means are A: This needs approval of: conferred. (RCC, Sec. 45) 1. Executed contract – Courts will not set
Treasury Shares (i.e., a corporation buying back 1. Board of Directors of both managing and aside or interfere with such contracts;
its own shares, also known as stock buyback). managed corporation Q: What is required to ratify an ultra vires act? 2. Executory contracts – No enforcement
2. Majority of outstanding shares or A: The corporation may ratify the unauthorized even at the suit of either party (void and
Such shares may again be disposed of for a members of both managed and managing acts of its corporate officer. The substance of the unenforceable);
reasonable price fixed by the board of directors corporation doctrine is confirmation after conduct, amounting 3. Partly executed and partly executory –
(RCC, Sec. 9) subject to stockholders’ preemptive 3. But 2/3 vote of outstanding to a substitute for a prior authority. Ratification can Principle against unjust enrichment shall
rights. stock/members of managed corporation be made either expressly or impliedly like silence apply.
necessary in the ff: or acquiescence and acceptance of benefits
Q: What are the requirements to the power of ▪ Where stockholders of both managing (Yasuma v. Heirs of Cecilio De Villa, G.R. No. Q: What is the trust fund doctrine?
the corporation to acquire its own shares? and managed corporation (the 150350, 2006). A: The subscriptions to the capital stock of a
A: common stockholders) own or control corporation constitute a fund to which the creditors
1. Corporation has unrestricted retained more than 1/3 or the outstanding stock Illegal acts cannot be ratified. have a right to look for satisfaction of their claims
earnings in its books to cover the shares of managing corporation and that the assignee in insolvency can maintain
to be purchased or acquired, an action upon any unpaid stock subscription in
order to realize assets for the payment of its debts. A: VOTING TRUST c. Incur, Create Bonded Indebtedness;
PROXY
(Phil. Trust Co. v. Rivera, G.R. No. L-19761, 1923) POLITICAL / CONTROL RIGHTS AGREEMENT d. Deny pre-emptive right;
a. Right to attend meetings and to vote Trustee votes as Proxy holder votes as e. Sell, dispose, lease, encumber all or
Q: What is the coverage of the trust fund b. Right to inspect the books of the owner agent substantially all of corporate assets;
doctrine? corporation Agreement must be Proxy need not be f. Investing another corporation, business
A: In case of Solvency: The coverage of the trust notarized notarized other than the primary purpose;
fund doctrine is only up to the extent of the “capital ECONOMIC / BUSINESS RIGHTS Trustee acquires legal Proxy has no legal title g. Declare stock dividends
stock” of the corporation. In this sense, the a. Right to receive dividends title to the shares of to the shares of the h. Enter into management contract if
unrestricted retained earnings do not constitute b. Right to receive distributions upon the transferring principal (1) a stockholder or stockholders
part of the capital stock. liquidation of the corporation stockholder; only representing the same interest of
c. Pre-emptive rights beneficial title remains both the managing and the managed
In case of Insolvency: The trust fund doctrine is not d. Appraisal rights with the stockholder corporations own or control more
limited to reaching the stockholders’ unpaid Trustee may vote in Proxy must vote in than 1/3 of the total outstanding
subscriptions. The scope of the doctrine when the Q: What is a proxy and its requisites? person or by proxy person capital entitled to vote of the
corporation is insolvent encompasses not only the A: Section 57 of the RCC provides that unless the agreement managing corporation; or
capital stock, but also other property and assets stockholders and members may vote in person or provides otherwise (2) a majority of the members of the
generally regarded in equity as a trust fund for the by proxy in all meetings of stockholders or Trustee is not limited Proxy can only act at a board of directors of the managing
payment of corporate debts. (Halley v. Printwell, members. to act at any particular specified corporation also constitute a majority
G.R. No. 157549, 2011) meeting stockholder’s meeting of the members of the board of the
Requisites: (WSF) (if not continuing) managed corporation;
Releasing Subscribers: where the corporation 1. The proxy shall be in Writing; Trustee can vote and Proxy can only vote in i. Amend the Articles of Incorporation
released the subscribers to the capital stock from 2. Signed by the stockholder or member; and exercise all the rights the absence of the
their subscriptions without valuable consideration. 3. Filed before the scheduled meeting with of the stockholder owners of the stock Q: What are the appraisal rights of the
(Ong yong v. Tiu, G.R. No.144476, 2003) the corporate secretary (RCC, Sec. 57) even when the latter is stockholders?
present A: The right to withdraw from the corporation and
Q: What is the trust fund doctrine in relation to Q: Can a proxy holder be voted for as a director Agreement must not Proxy cannot exceed demand payment of the fair value of his shares
watered stocks? or trustee? exceed 5 years at any 5 years at any one after dissenting from certain corporate acts
A: The Trust Fund Doctrine is the basis for the A: It depends. Proxies who are not stockholders or one time, except when time involving fundamental changes in corporate
prohibition on issuing watered stock. members cannot be elected as a director or the same is made a structure. (RCC, sec. 80).
A Corporation has no power to release an original trustee. (Lim v. Moldex Land, Inc., G.R. No. condition of a loan
subscriber of its capital stock from the obligation of 206038, 2017) Agreement is Revocable anytime, Q: When is the right [of appraisal] available?
paying for his shares, without a valuable irrevocable except if coupled with A:
consideration for such release; and as against Q: What are voting trust agreements? interest a. Extension or shortening of corporate term;
creditors, a reduction of the capital stock can take A: A stockholder confers upon a trustee the right (RCC, Sec. 36)
place only in the manner and under the conditions to vote and other rights pertaining to the shares for Q: When is a majority stockholders’ vote b. In case any amendment to the articles of
prescribed by the statute or the charter or the a period not exceeding 5 years at any one time. required? incorporation has the effect of changing or
articles of incorporation (Philippine Trust Corp. v. (RCC, Sec. 58) restricting the rights of any stockholders or
A:
Rivera, G.R. No. L-19761, 1923). a. To enter into management contract if any class of shares, or of authorizing
Requisites: (WNTF) of the two instances stated below are preferences in any respect superior to
Q: What are the fundamental rights of a. In Writing those of outstanding shares of any class;
absent;
stockholders and members? b. it is Notarized (RCC, Sec. 80)
i. Where stockholders of both
A: The following are important rights of c. Specifying the Terms and conditions managing and managed c. Investing of corporate funds for any
stockholders, which continue to exist even when d. A certified copy must be Filed with the corporation (the common purpose other than the primary purpose;
the shares have been sequestered: corporation and with the SEC. (RCC, Sec. (RCC, Sec. 80)
stockholders) own or control more
a. Right to attend meetings and to vote 58) than 1/3 or the outstanding stock d. Sell or dispose all or substantially all
b. Right to receive dividends assets of corporation; (RCC, Sec. 80)
of managing corporation
c. Right to receive distributions upon Exception: If the voting trust was a requirement ii. Where majority of directors in e. Merger or consolidation. (RCC, Sec. 80)
liquidation of the corporation for a loan agreement, period may exceed 5 years both corporations are the same
d. Right to inspect the books of the (RCC, sec. 43)
but shall automatically expire upon full payment
corporation b. To adopt, amend or repeal the by-laws. Q: How is the right [of appraisal] exercised?
e. Pre-emptive rights (Cojuangco, Jr. vs. of the loan. (RCC, Sec. 58) (RCC, Sec. 81)
Roxas, G.R. No. 91925, 1991) A:
Q: What are the differences between Proxy and Q: When is a 2/3 stockholders’ vote required?
1. A written demand on the corporation
Voting Trust Agreement? A:
Q: How are the rights and powers classified in within 30 days after the vote was taken
A: a. Extend or shorten corporate term;
relation to the shareholders? (failure to do so means waiver); (RCC,
b. Increase/Decrease Corporate Stock;
Sec. 81) written request, its most recent financial undertake the business opportunity. HOWEVER, personal liability of a corporate
2. From the time of demand, all rights statement (RCC, Sec. 74). 2. From the Nature of the business director, trustee or officer along (although not
accruing to such shares including voting opportunity, it is in line with corporation’s necessarily) with the corporation may so validly
and dividend rights shall be suspended Note: the first three are the formulation of the old business and is of practical advantage to attach, as a rule, only when: (ABCAWAL)
except the right of such stockholder to code. Under the RCC, inspection rights covers the corporation a. He Assents to a patently unlawful act of
receive payment of the fair value of “corporate records, regardless of the form in which 3. Corporation has an Interest or a the corporation (RCC, Sec. 30)
stockholder’s shares. (RCC, Sec. 82) they are stored” (see RCC, Sec. 73). reasonable expectancy. b. Bad faith or gross negligence in directing
3. Ten (10) days from demand, the 4. By embracing the opportunity, the self- its affairs (RCC, Sec. 30)
dissenting stockholder must submit his Q: What are the grounds for not allowing interest of the officer or director will be c. Conflict of interest resulting in damage to
certificates of stocks for notation that such inspection by a Stockholder? brought in to seize the opportunity for the corporation, its stockholders or other
certificates represent dissenting shares. A: himself. (Gokongwei, Jr. v. SEC, G.R. No. persons (RCC, Secs. 30 & 33)
(RCC, Sec. 85) a. If the person demanding to examine the L-45911, 1979) d. He attempts to Acquire, or acquires any
4. The price to be paid is the fair value of the records has improperly used any interest adverse to the corporation in
shares on the date the vote was taken; information secured for prior examination, Q: What is the “Business Judgment Rule”? respect of any matter which has been
(RCC, Sec. 81) b. He is not acting in good faith, A: It provides that questions of policy or reposed in them in confidence (liable as a
5. The fair value shall be agreed upon by the c. A requesting party who is not a management are left solely to the honest decision trustee for the corporation under Sec.
corporation and the dissenting stockholder or member of record, or is a of officers and directors of a corporation and the 30(2))
stockholders within 60 days from the date competitor shall have no right to inspect or courts are without authority to substitute their e. He consents to the issuance of Watered
the vote was taken. In case there is no demand reproduction of corporate judgment for the judgment of the board of stocks or, having knowledge thereof, he
agreement, the fair value shall be records. (RCC, Sec. 73) directors; so long as it acts in good faith its orders does not forthwith file with the corporate
determined by a majority of the 3 are not reviewable by the courts or the SEC. (PSE secretary his written objection thereto
distinguished persons one of whom shall Q: What are the three Three-Fold Duties of v. CA, G.R. No. 125469, 1997) (RCC, Sec.64);
be named by the stockholder another by Directors? f. He Agrees to hold himself personally and
the corporation and the third by the two A: The rule has two consequences: solidarily liable with the corporation;
who were chosen; (RCC, Sec. 81) 1. Duty of Obedience – To direct the affairs a. The resolution, contracts and transactions g. He is made personally liable by a specific
6. The right of appraisal is extinguished of the corporation only in accordance with of the Board, cannot be overturned or set provision of Law. (RCC, Sec. 158; Tramat
when: (RCC, Sec. 83) the purposes for which it was organized aside by the stockholders, members or the Mercantile v. Court of Appeals, G.R. No.
a. He withdraws the demand with (RCC, Sec. 24) courts; and 111008, 1994.)
the corporation’s consent; 2. Duty of Loyalty – Directors or trustees b. Directors and duly authorized officers
b. The proposed action is shall not acquire any personal or cannot be held personally liable for acts or Q: What is the rule for the responsibility for
abandoned; pecuniary interest in conflict with their duty contracts done with the exercise of their crimes of directors/trustee?
c. The SEC disapproves of such as such directors or trustees. (RCC, Secs. business judgment. (VILLANUEVA, A:
action where approval is 30 & 33) PHILIPPINE CORPORATE LAW 316 General rule: The Board being generally a policy-
necessary 3. Duty of Diligence – Directors and/or (2013)) making body, directors as such cannot be held
d. The SEC determines that such trustees shall not willfully and knowingly liable under a criminal statute making those in
dissenting stockholder is not vote for or assent to patently unlawful acts Q: What are the exceptions to the Business charge of the management of the corporation
entitled to the appraisal right. of the corporation or act in bad faith or with Judgment Rule? (EFC) liable for the criminal acts done in pursuit of
7. If the dissenting stockholder is not paid gross negligence in directing the affairs of A: corporate operations.
within 30 days from the award, he shall the corporation (RCC, Sec. 30) 1. When the Corporation Code Expressly
automatically be restored to all his rights provides otherwise; Exception: To be held criminally liable for the acts
as stockholder. (RCC, Sec. 82) Q: What is the doctrine of corporate 2. When the directors or officers acted with of a corporation, there must be a showing that its
opportunity? Fraud, gross negligence or in bad faith; officers, directors, and shareholders actively
Q: What is the right to inspect? A: A director or corporate officer who, by virtue of and participated in or had the power to prevent the
A: Corporate records, regardless of the form in his office, acquires for himself a business 3. When the directors or officers act against wrongful act. (SEC v. Price Richardson Corp.,
which they are stored, shall be open to inspection opportunity which should belong to the the corporation in a Conflict of interest G.R. No. 197032, 2017)
by any director, trustee, stockholder or member of corporation, is guilty of disloyalty and should, situation. (RCC, Sec. 30)
the corporation in person or by a representative at therefore, account to the latter for all such profits Q: What is the special fact doctrine?
reasonable hours on business days, and a by refunding the same, notwithstanding that he Q: What is the rule on liability of Directors, A: Under the Special Facts Doctrine, although a
demand in writing may be made by such director, risked his funds in the venture. (Gokongwei, Jr. v. Trustees and Officers? director does not stand in fiduciary relation to the
trustee or stockholder at their expense, for copies SEC, G.R. No. L-45911, 1979) A: stockholder, he is under legal obligation to make
of such records or excerpts from said records. General Rule: Corporate personality is a shield fair and full disclosure of pertinent official
(RCC, Sec. 73). Q: What are the requisites for the Doctrine of against personal liability of corporate officers. information where special circumstances exist,
Corporate Opportunity to apply? (ANI) (Consolidated Bank v. Court of Appeals, G.R. No. giving rise to the obligation to disclose. (Soledad
Also, a corporation shall furnish a stockholder or A: 141767, 2001) M. Cagampang, The Fiduciary Duties of Corporate
member, within 10 days from receipt of their 1. Corporation is financially Able to
Directors Under Philippine Law, 46 Phil. L. J., 513, attached copies of stock certificates indorsed change or contradict its nature as such; under oath by the corporate secretary and
562 [1971]) in his favor on the dorsal portion of the original c. The place where the Principal office of the a majority of the directors or trustees
holders. Y Corp. claimed that X was not a corporation is to be located, which must stating the fact that said amendment or
Q: P held shares of stock of R, a domestic stockholder. To verify X’s stock ownership, the be within the Philippines; amendments have been duly approved by
corporation. R decided to amend its articles of RTC asked X to produce his stock certificates. d. IF not elected perpetual existence, the the required vote of stockholders or
incorporation to remove stockholders’ pre- After X failed to produce his stock certificates, Term for which the corporation is to exist; members, as the case may be. (RCC,
emptive rights to newly issued shares of stock the RTC dismissed the complaint. Is the e. The names, nationalities and residences Sec. 15)
but the petitioners voted against it and presentation of a stock certificate a condition of the Incorporators;
demanded payment of their shares at P2/share sine qua non for proving one’s shareholding in f. The number of directors or trustees, which Q: What are the Non-Amendable Items?
based on book value. However, R found that a corporation? shall not be more than fifteen (15); (N3TMW)
the fair value was unacceptable and insisted it A: No. Although a stock certificate is prima facie g. The names, nationalities and residences A:
should only be P0.41/share considering it had evidence that the holder is a shareholder of the of persons who shall act as Directors or 1. Names of incorporators
no unrestricted retained earnings to cover the corporation, the possession of the certificate is not trustees until the first regular directors or 2. Names of incorporating directors/trustees
amount. Due to the disagreement, an appraisal the sole determining factor of one’s stock trustees are duly elected and qualified in 3. Names of original subscribers to capital
committee was constituted. The committee ownership. A stock certificate is merely the paper accordance with the Corporation Code; stock and subscribed and paid-up capital
reported its valuation of P2.5/share and so P representative or tangible evidence of the stock h. If it be a stock corporation, the amount of 4. Treasurer-in-trust elected by original
demanded payment based on that. Still, R itself and of the various interests therein. The its authorized capital stock in lawful subscribers
refused to pay the dissenting stockholders. certificate is not stock in the corporation but is money of the Philippines, the number of 5. Members who contributed to the initial
Can payment be made to any dissenting merely evidence of the holder’s interest and status Shares into which it is divided, and in case capital of non-stock corporation
stockholder in case the R has no available in the corporation, his ownership of the share the share are par value shares, the par 6. Witnesses and acknowledgments
unrestricted retained earnings? represented thereby, but is not in law the value of each, the names, nationalities
A: No. As a general rule, a stockholder who equivalent of such ownership. It expresses the and residences of the original subscribers, e. BY-LAWS
dissents from a certain corporate action has the contract between the corporation and the and the amount subscribed and paid by
right to demand payment of the fair value of his or stockholder, but it is not essential to the existence each on his subscription, and if some or all Q: What are By-laws?
her shares and that is known as right of appraisal. of a share in stock or the creation of the relation of of the shares are without par value, such A: Regulations, ordinances, rules or laws adopted
(RCC, Sec. 80) Notwithstanding the foregoing, no shareholder to the corporation. There are other fact must be stated; by an association or corporation or the like for its
payment shall be made to any dissenting competent means of establishing one’s i. If it be a non-stock corporation, the internal governance, including rules for routine
stockholder unless the corporation has shareholdings in a corporation, such as official amount of its Capital, the names, matters such as calling meetings and the like (San
unrestricted retained earnings in its books to cover receipts of payments for subscriptions of shares, nationalities and residences of the Miguel Corp. v. Mandaue Packing Products Plants
the payment. In case the corporation has no copies duly certified by the SEC stating that the contributors and the amount contributed Union-FFW, G.R. No. 152356, 2005).
available unrestricted retained earnings in its corporation had issued shares in favor of the by each; and
books, Sec. 82 of the RCC provides that if the complainant, and the General Information Sheet. j. Such Other matters as are not Q: What are the requisites of a valid By-Laws?
dissenting stockholder is not paid the value of his (Insigne v. Abra Valley Colleges, G.R. No. 204089, inconsistent with law and which the (RARN)
shares within 30 days after the award, his voting 2015) incorporators may deem necessary and A:
and dividend rights shall immediately be restored. convenient. (RCC, Sec. 13) a. It must be consistent with the Revised
The trust fund doctrine backstops the requirement d. ARTICLES OF INCORPORATION Corporation Code, other pertinent laws
of unrestricted retained earnings to fund the Q: What are the requisites for amending the and regulations.
payment of the shares of stocks of the withdrawing Q: What is the nature and function of the Articles of Incorporation? (LM2/3LCC) b. It must be consistent with the Articles of
stockholders. The creditors of a corporation have Articles of Incorporation? A: Incorporation.
the right to assume that the board of directors will A: It is a basic contract document in Corporate a. A Legitimate purpose for the amendment; c. It must be Reasonable and not arbitrary or
not use the assets of the corporation to purchase Law which defines the charter of the corporation. b. Majority vote of directors or trustees oppressive.
its own stock for as long as the corporation has c. The vote or written assent of the d. It must Not disturb vested rights, impair
outstanding debts and liabilities. There can be no Q: What are the contents of the Articles of stockholders representing at least two- contract or property rights of stockholders
distribution of assets among the stockholders Incorporation? (NPPTI15DSCO) thirds (2/3) of the OCS, without prejudice or members or create obligations
without first paying corporate debts. Thus, any A: to the appraisal right of dissenting unknown to law.
disposition of corporate funds and assets to the a. The Name of the corporation; stockholders if available, or if it be a non-
prejudice of creditors is null and void. (Turner v. b. The specific Purpose or purposes for stock corporation, two-thirds (2/3) of the Q: What are the contents of the by-laws?
Lorenzo Shipping Corporation, G.R. No. 157479, which the corporation is being members. (M2Q2P2VESO2)
November 24, 2010) incorporated. Where a corporation has d. The original and amended articles A:
more than one stated purpose, the articles together shall contain all provisions a. The time, place and manner of calling and
Q: X filed a complaint against Y Corp. praying of incorporation shall state which is the required by Law to be set out in the conducting regular or special Meetings of
that he be allowed to inspect Y Corp.’s primary purpose and which is/are the articles of incorporation. the directors or trustees;
corporate books and records, minutes of secondary purpose or purposes: e. Indication in the articles, by underscoring, b. The time and manner of calling and
meetings, and financial statements. X claimed Provided, that a non-stock corporation the Change or changes made. conducting regular or special Meetings
to be a bona fide stockholder of Y Corp. and may not include a purpose which would f. A Copy of amended articles duly certified and mode of notifying the stockholders or
members thereof; - Majority of the OCS or majority of the A: The corporation shall have a period of 2 years 2. INTRA-CORPORATE DISPUTE
c. The required Quorum in meetings of members in case of non- stock to resume operations. Otherwise, certificate of (CONCEPT)
stockholders or members and the manner corporation, in a meeting duly called for incorporation will likewise be revoked. (RCC, Sec.
of voting therein; the purpose 21) Q: What are the two tests to determine
d. The directors’ or trustees’ Qualifications, 2) The board may be delegated to have the existence of intra-corporate dispute?
duties and responsibilities, the guidelines power to amend or repeal any by- laws or A: Relationship test and nature of controversy test.
for setting the compensation of directors adopt new by- laws, by a vote of:
or trustees and officers, and the maximum - 2/3 of the shareholders representing the
(1) Relationship Test
number of other board representations OCS; or
that an independent director or trustee - 2/3 of the members in a non- stock A dispute is intra•corporate if it is:
may have which shall, in no case, be more corporation. 1. Between the corporation, partnership or
than the number prescribed by the SEC; Such power of the Board may be revoked by association and the public;
e. The form for Proxies of stockholders and majority vote of the OCS or majority of the 2. Between the corporation, partnership or
members and the manner of voting them; members in a non- stock corporation (RCC, Sec. association and the state insofar as its
f. The Penalties for violation of the bylaws; 47) franchise, permit or license to operate is
g. The modes by which a stockholder, concerned;
member, director, or trustee may attend Q: What are the requirements for the 3. Between the corporation, partnership or
meetings and cast their Votes; amendments to be effective? association and its stockholders, partners,
h. The time for holding the annual Election of A: Whenever the bylaws are amended or new members or officers; and
directors or trustees and the mode or bylaws are adopted, the corporation shall file with 4. Among the stockholders, partners or
manner of giving notice thereof; the SEC associates themselves (Philippine
i. In the case of stock corporations, the a. amended or new bylaws and, Communications Satellite Corp. v.
manner of issuing Stock certificates; b. if applicable, the stockholders’ or Sandiganbayan, G.R. No. 203023, 2015)
j. The manner of election or appointment members’ resolution authorizing the
and the term of office of all Officers other delegation of the power to amend and/or (2) Nature of the Controversy Test
than directors or trustees; and adopt new bylaws, duly certified under The dispute itself must be intrinsically connected
k. Such Other matters as may be necessary oath by the corporate secretary and a with the regulation of the corporation, partnership
for the proper or convenient transaction of majority of the directors or trustees. or association.
its corporate affairs for the promotion of
good governance and anti-graft and The amended or new by-laws shall only be The controversy “must not only be rooted in the
corruption measures. (RCC, Sec. 46) effective upon the issuance by the SEC of a existence of an intra•corporate relationship, but
certification that the same is in accordance with must also refer to the enforcement of the parties’
Q: What are the binding effects of the by-laws? this Code and other relevant laws. (RCC, Sec. 47) correlative rights and obligations under the
A: Corporation Code as well as the internal and
As to the corporation and its components – Q: What are the effects of the non-use of the intra-corporate regulatory rules of the corporation.”
Binding not only upon the corporation but also on corporate charter? (Dy Teban Trading Inc. v. Dy, G.R. No. 161803,
its stockholder, members and those having A: 2008)
direction, management and control of its affairs. a. If a corporation does not formally organize
They have the force of contract between the and commence its business within five (5) Q: Who has the jurisdiction to settle intra-
members/stockholders. years from the date of its incorporation, its corporate disputes?
certificate of incorporation shall be A: Section 5 of the Securities Regulation Code
As to third persons – Not binding unless there is deemed revoked as of the day following transferred the jurisdiction of the (SEC) over
actual knowledge. Third persons are not even the end of the five-year period. intra•corporate disputes to RTCs designated by
bound to investigate the content because they are b. If a corporation has commenced its the Supreme Court as commercial courts. The
not bound to know the by-laws which are merely business but subsequently becomes existence of an intra-corporate dispute must be
provisions for the government of a corporation and inoperative for a period of at least five (5) clearly alleged in the complaint. However, the SEC
notice to them will not be presumed (China consecutive years, the SEC may, after shall retain jurisdiction over pending cases
Banking Corp. v. CA, G.R. No. 118332 1997). due notice and hearing, place the involving intracorporate disputes submitted for
corporation under delinquent status. final resolution.
Q: How are by-laws amended? (RCC, Sec. 21)
A:
1) With stockholders or members approval Q: What is the remedy to lift the delinquent
- Majority vote of the members of the status when a corporation is found guilty of
Board; and continuous non-operation for 5 years?
3. INTELLECTUAL PROPERTY and other materials which are original TYPE OF

TERM OF PROTECTION
productions, whereby he is invested, for a limited
by reason of the selection or WORK period, with the sole and exclusive privilege of
a. COPYRIGHT coordination or arrangement of their Fifty (50) years from date of multiplying copies of the same and publishing and
contents. (Sec. 173.1, IP Code) publication and, if selling them. Trade name, on the other hand, is
(3) Published Edition of Work (IP Code, Audio-visual any designation which (a) is adopted and used by
Q: What works can be protected by a unpublished, from the date
Sec. 174) Works person to denominate goods which he markets, or
copyright? of making. (Sec. 213. 6, IP
Code) services which he renders, or business which he
A:
Q: What are non-copyrightable works? conducts, or has come to be so used by other, and
(1) Original Literary or Artistic Works
A: No protection shall extend to any: Q: What reliefs may be availed of when there is (b) through its association with such goods,
a. Books, pamphlets, articles and other
(1) Idea, procedure, system, method or copyright infringement? services or business, has acquired a special
writings;
operation, concept, principle, discovery or A: When the work of the author of a copyrighted significance as the name thereof, and (c) the use
b. Periodicals and newspapers;
mere data; work is infringed, the author has the following of which for the purpose stated in (a) is prohibited
c. Lectures, sermons, addresses,
(2) News of the day and other miscellaneous reliefs against the infringer: neither by legislative enactment nor by otherwise
dissertations prepared for oral delivery,
facts having the character of mere items (1) An injunction to restrain such defined public policy. (Juan v. Juan, G.R. No.
whether or not reduced in writing or
of press information; or infringement; (Sec. 216.1(a), IP Code) 221732, 2017)
other material form;
(3) Official text of a legislative, administrative (2) To be paid to the copyright proprietor or
d. Letters;
or legal nature, as well as any official his assigns or heirs such actual damages; Q: Are hatch doors copyrightable?
e. Dramatic or dramatico-musical
translation thereof. (Sec. 175, IP Code) (Sec. 216.1(b), IP Code) and A: No. A hatch door, by its nature is an object of
compositions; choreographic works or
(3) Such other terms and conditions, utility. It is not primarily an artistic creation but
entertainment in dumb shows;
Q: When does copyright protection begin? including the payment of moral and rather an object of utility designed to have
f. Musical compositions, with or without
A: From the moment of their creation. (Sec. 172.1, exemplary damages, which the court may aesthetic appeal. It is intrinsically a useful article,
words;
IP Code) deem proper. (Sec. 216.1(e), IP Code) which, as a whole, is not eligible for copyright. The
g. Works of drawing, painting,
only instance when a useful article may be the
architecture, sculpture, engraving,
Q: What is the term for copyright protection? Q: Is news of the day or actual event subject of copyright protection is when it
lithography or other works of art;
A: copyrightable? incorporates a design element that is physically or
models or designs for works of art;
TYPE OF A: No, because Sec. 175 of the IP Code provides conceptually separable from the underlying
h. Original ornamental designs or models TERM OF PROTECTION
WORK that no protection shall extend to news of the day. product. This means that the utilitarian article can
for articles of manufacture, whether or
During the life of the author (Sec. 175, IP Code) function without the design element. In such an
not registrable as an industrial design, Copyrightable
and for 50 years after his instance, the design element is eligible for
and other works of applied art; Works in
death. (Sec. 213.1, IP Q: Is video footage of the news or actual event copyright protection.
i. Illustrations, maps, plans, sketches, General
charts and three-dimensional works Code) copyrightable?
During the life of the last A: Yes, because the video footage of news is an (Ex. A belt, being an object utility with the function
relative to geography, topography,
Joint surviving author and for fifty expression of the news. Under the idea/expression of preventing one's pants from falling down, is in
architecture or science;
Authorship (50) years after his death. dichotomy, idea is not copyrightable but itself not copyrightable. However, an ornately
j. Drawings or plastic works of a scientific
(Sec. 213.2, IP Code) expression is copyrightable. designed belt buckle which is irrelevant to or did
or technical character;
Fifty (50) years from the not enhance the belt's function hence,
k. Photographic works including works
date on which the work was “News or the event itself is not copyrightable. conceptually separable from the belt, is eligible for
produced by a process analogous to
first lawfully published. However, an event can be captured and presented copyright. It is copyrightable as a sculptural work
photography; lantern slides;
in a specific medium. As recognized by this court with independent aesthetic value, and not as an
l. Audiovisual works and
in Joaquin, television “involves a whole spectrum integral element of the belt's functionality.) (Olaño
cinematographic works and works Anonymous or Note: If before the expiration
of visuals and effects, video and audio.” News v. Lim Eng Co, G.R. No. 195835, 2016)
produced by a process analogous to Pseudonymous of the said period, the
cinematography or any process for author’s identity is revealed coverage in television involves framing shots,
Works using images, graphics, and sound effects. It b. FAIR USE PRINCIPLE
making audio-visual recordings; or is no longer in doubt, the
m. Pictorial illustrations and provisions of Subsections involves creative process and originality.
advertisements; 213.1. and 213.2 shall Television news footage is an expression of the Q: What is the doctrine of fair use?
n. Computer programs; and apply, as the case may be. news.” (ABS-CBN v. Gozon, G.R. No. 195956, A: Fair use is a privilege to use the copyrighted
o. Other literary, scholarly, scientific and (Sec. 213. 3, IP Code) 2015) material in a reasonable manner without the
artistic works. (Sec. 172.1, IP Code) Twenty-five (25) years from consent of the copyright owner or as copying the
(2) Derivative Works Works of Q: Are marks the same as a copyright? theme or ideas rather than their expression. Fair
the date of making. (Sec.
a. Dramatizations, translations, Applied Art 213. 4, IP Code) A: No. By their very definitions, copyright and use is an exception to the copyright owner’s
adaptations, abridgments, trade or service name are different. Copyright is monopoly of the use of the work to avoid stifling
Fifty (50) years from
arrangements, and other alterations of the right of literary property as recognized and the very creativity which that law is designed to
publication of the work and,
literary or artistic works; and Photographic sanctioned by positive law. An intangible, foster. (ABS-CBN Corp. v. Gozon, G.R. No.
if unpublished, fifty (50)
b. Collections of literary, scholarly or Works incorporeal right granted by statute to the author 195956, 2015)
years from the making.
artistic works, and compilations of data (Sec. 213. 5, IP Code) or originator of certain literary or artistic
Q: What is the four-factor test to determine Q: What are the moral rights of the author of a activity and has the right and ability to control the 4. INSURANCE
whether or not there is fair use? copyrighted work? activities of the other person;
A: A: a. WHAT CAN BE INSURED
(1) The purpose and character of the use – 3. With knowledge of infringing activity, induces,
whether its nature is commercial or non- Right of Attribution – Right to Alter or Publish causes or materially contributes to the infringing
profit educational purposes; – Right Against Distortion of his work – Right conduct of another. (Sec. 216, IP Code) Q: What may be insured?
(2) The nature of the copyrighted work; against Attribution of work not his own A: Any contingent or unknown event, whether past
(3) The amount and substantiality of the Q: Is good faith (lack of knowledge of OR intent or future, which may damnify a person having an
portion used in relation to the copyrighted (1) To require that the authorship of the works to commit infringement), a defense in insurable interest, or create a liability against him,
work as a whole; be attributed to him, in particular, the right copyright infringement? may be insured against, subject to the provisions
(4) The effect of the use upon the potential that his name, as far as practicable, be A: No, one does not need to know that he or she of this chapter. (Insurance Code, Sec. 3)
market for or value of the copyrighted indicated in a prominent way on the is copying a work without consent to violate
work. (Sec. 185.1, IP Code) copies, and in connection with the public copyright law. The Intellectual Property Code Q: Is the consent of the spouse necessary for
use of his work; requires strict liability for copyright infringement the validity of an insurance policy taken out by
Q: In what acts may fair use be considered? (2) To make any alterations of his work prior whether for a civil action or a criminal prosecution; a married person on his or her life or that of his
A: to, or to withhold it from publication; it does not require mens rea or culpa. (ABS-CBN or her children?
The fair use of a copyrighted work for criticism, (3) To object to any distortion, mutilation or Corp. v. Gozon, G.R. No. 195956, 2015) A: No. The law provides that the consent of the
comment, news reporting, teaching [CCNT] other modification of, or other derogatory spouse is NOT necessary for the validity of an
including multiple copies for classroom use, action in relation to, his work which would insurance policy taken out by a married person on
scholarship, research, and similar purposes is not be prejudicial to his honor or reputation; his or her life or that of his or her children.
an infringement of copyright. (Sec. 185.1, IP and (Insurance Code, Sec. 3)
Code). (4) To restrain the use of his name with
respect to any work not of his own creation Q: Is there a difference between insurance
against liability to a third person and liability
c. MORAL AND ECONOMIC RIGHTS or in a distorted version of his work. (Sec.
193, IP Code) against actual loss?
A: Yes. Where the contract provides for indemnity
Q: What are the copyright or economic rights against liability to third persons, then third persons
of the copyright holder? Q: What is copyright infringement?
to whom the insured is liable, can sue the insurer.
A: The copyright or economic rights shall consist A: Unauthorized commission of any of the
Where the contract is for indemnity against actual
of the exclusive right to carry out, authorize or economic or moral rights of the copyright holder
loss or payment, then third persons cannot
prevent the following acts: not subject to fair use. (NBI – Microsoft Corp. v.
proceed against the insurer, the contract being
1. Reproduction of the work [e.g. Hwang, G.R. No. 147043, 2005)
solely to reimburse the insured for liability actually
photocopying]; discharged by him thru payment to third persons,
2. Dramatization, translation, adaptation, Q: Who is liable for infringement?
said third persons’ recourse being thus limited to
abridgment, arrangement or other A: One who –
the insured alone. (Guingon v. Del Monte, G.R. L-
transformation of the work; 22042, August 17, 1967)
3. The first public distribution of the original 1. Directly commits an infringement;
and each copy of the work by sale or other Q: Can insurance be obtained for the drawing
forms of transfer of ownership; [first sale Q: May corporate directors and officers
of any lottery, or for or against any chance or
doctrine] as such be held liable for copyright
ticket in a lottery drawing a prize?
4. Rental of the original or a copy of an infringement?
A: No. As stated in Sec. 4, “The preceding section
audiovisual or cinematographic work, a A: No. Corporate directors are liable for
does not authorize an insurance for or against the
work embodied in a sound recording, a copyright infringement only if they actively
drawing of any lottery, or for or against any chance
computer program, a compilation of data participated in its commission. Mere
or ticket in a lottery drawing a prize.” (Insurance
and other materials or a musical work in membership in the Board or being
Code, Sec. 4)
graphic form, irrespective of the President per se does not mean
ownership of the original or the copy which knowledge, approval, and participation in
Q: A person has an insurable interest on the
is the subject of the rental; the act alleged as criminal. There must be
life and health of whom?
5. Public display of the original or a copy of a showing of active participation, not
A:
the work; simply a constructive one. (ABS-CBN
a. Himself, of his spouse and of his children;
6. Public performance of the work; and Corp. v. Gozon, G.R. No. 195956, 2015)
b. Any person on whom he depends wholly
7. Other communication to the public of the or in party for education or support, or in
work [internet/social media/broadcasting] 2. Benefits from the infringing activity of another
whom he has pecuniary interest;
(Sec. 177, IP Code) person who commits an infringement if the person
c. Any person under a legal obligation to him
benefiting has been given notice of the infringing
for the payment of money, or respecting
property or services, of which death or
illness might delay or prevent the 3. Otherwise contingently on the misrepresentation after 2 years from the the Monetary Board, unless such failure or refusal
performance; and continuance or cessation of life. issuance of the insurance policy? to pay is based on the ground that the claim is
d. Any person upon whose life any estate or (Insurance Code, Sec. 182) A: No. An insurer has 2 years from the issuance fraudulent. (Insurance Code, Sec. 248)
interest vested in him depends. of the insurance policy, to investigate and verify
(Insurance Code, Sec. 10) Q: In the case of a minor who is an insured or whether the policy was obtained by fraud, Q: What constitutes as engaging in unfair
a beneficiary under a contract of life insurance, concealment, or misrepresentation. The death of claim settlement practices?
Q: What is insurable interest in a property? who can exercise any rights under the policy the insured within the two-year period will render A: Any of the following acts by an insurance
A: like receive the proceeds of the policy, among the right of the insurer to rescind the policy company, if committed without just cause and
a. Every interest in property, whether real or others? nugatory. As such, the incontestability period will performed with such frequency as to indicate a
personal; or A: The judicial guardian of the minor. In the now set in. (Sun Life of Canada v. Sibya, G.R. general business practice, shall constitute unfair
b. Any relation thereto; or absence of a judicial guardian, the father, or in the 211212, June 08, 2016) claim settlement practices:
c. Liability in respect thereof, of such nature absence or incapacity of the father, the mother of 1. Knowingly misrepresenting to claimants
that a contemplated peril might directly the minor. There is no necessity for a court Q: How is an accident insurance different to an pertinent facts or policy provisions relating
damnify the insured. (Insurance Code, authority or the giving of the bond if the interest of insurance on life? to coverage at issue;
Sec. 13) the minor does not exceed P500,000 or in such A: In an accident insurance, the insured’s 2. Failing to acknowledge with reasonable
reasonable amount as may be determined by the beneficiary has the burden of proof in promptness pertinent communications
Q: What may insurable interest in a property Commissioner. (Insurance Code, Sec. 182) demonstrating that the cause of death is due to the with respect to claims arising under its
consist of? covered peril. Once that fact is established, the policies;
A: Q: What if the father or mother are both absent burden then shifts to the insurer to show any 3. Failing to adopt and implement
a. An existing interest; or incapacitated? excepted peril that may have been stipulated by reasonable standards for the prompt
b. An inchoate interest founded on an A: The grandparent, the eldest brother or sister at the parties. An “accident insurance” is not thus to investigation of claims arising under its
existing interest; or least 18 years of age, or any relative who has be likened to an ordinary life insurance where the policies;
c. An expectancy, coupled with an existing actual custody of the minor insured or beneficiary insured’s death, regardless of the cause thereof, 4. Not attempting in good faith to effectuate
interest in that out of which the expectancy shall act as a guardian without the need of a court would normally be compensable. The latter is akin prompt, fair and equitable settlement of
arises. (Insurance Code, Sec. 14) order or judicial appointment as such guardian, as in property insurance to an “all risk” coverage claims submitted in which liability has
long as such person is not disqualified or where the insured, on the aspect of burden of become reasonably clear; or
Q: When must insurable interest in the incapacitated. Payment made pursuant to this proof, has merely to show the condition of the 5. Compelling policyholders to institute suits
property exist? section shall relieve the insurer of any liability. property insured when the policy attaches and the to recover amounts due under its policies
A: When the insurance takes effect, and when the (Insurance Code, Sec. 182) fact of loss or damage during the period of the by offering without justifiable reason
loss occurs, but need not exist in the meantime. policy and where, thereafter, the burden would be substantially less than the amounts
(Insurance Code, Sec. 19) Q: Is an insurer liable in a life insurance on the insurer to show any “excluded peril.” (Vda. ultimately recovered in suits brought by
contract when the insured commits suicide? de Gabriel vs. CA, G.R. No. 103883 , November them. (Insurance Code, Sec. 247 par. a)
Q: When must insurable interest in the life or A: Yes. However, only when it is committed after 14, 1996)
health of a person insured exist? the policy has been in force for a period of two (2) Q: What is the penalty for engaging in unfair
A: It must exist when the insurance takes effect, years from the date of its issue or of its last Q: How are life insurance claims settled? claim settlement practices?
but need not exist thereafter or when the loss reinstatement, unless the policy provides a shorter A: A: If it is found, after notice and an opportunity to
occurs. (Insurance Code, Sec. 19) period. Also, in cases where the suicide was ● The proceeds of a life insurance policy be heard, that an insurance company has violated
committed in the state of insanity regardless of the shall be paid immediately upon maturity of this section, each instance of noncompliance with
b. CLAIMS FOR LIFE INSURANCE date of commission. (Insurance Code, Sec. 183) the policy, unless such proceeds are paragraph (a) may be treated as a separate
made payable in installments or as an violation of this section and shall be considered
Q: What is a life insurance? Q: What is the incontestability clause in annuity, in which case the installments, or sufficient cause for the suspension or revocation
A: Life insurance is insurance on human lives and relation to life insurance? annuities shall be paid as they become of the company's certificate of authority.
insurance appertaining thereto or connected A: After a policy of life insurance made payable on due (Insurance Code, Sec. 247 par. c)
therewith. It also includes every contract or the death of the insured shall have been in force ● In case of a policy maturing by the death
undertaking for the payment of annuities including during the lifetime of the insured for a period of two of the insured, the proceeds thereof shall
contracts for the payment of lump sums under a (2) years from the date of its issue or of its last be paid within sixty (60) days after
retirement program where a life insurance reinstatement, the insurer cannot prove that the presentation of the claim and filing of the
company manages or acts as a trustee for such policy is void ab initio or is rescindable by reason proof of death of the insured. (Insurance
retirement program. (Insurance Code, Sec. 181) of the fraudulent concealment or Code, Sec. 248)
misrepresentation of the insured or his agent.
Q: When is an insurance on life made payable? (Insurance Code, Sec. 48) Q: What is the penalty for refusal or failure to
A: pay the claim within the time prescribed?
1. On the death of the person; or Q: Can an insurer prove that the insurance A: It will entitle the beneficiary to collect interest on
2. On his surviving a specified period; or policy is void ab initio or rescindable by reason the proceeds of the policy for the duration of the
of fraudulent concealment or delay at the rate of twice the ceiling prescribed by
5. DATA PRIVACY ACT OF 2012 order or an act of Congress to be kept Q: What is processing? was an officer or employee of a
(R.A. No. 10173) classified A: Refers to any operation performed on the government institution that relates to the
a. Sensitive personal information is personal data including, but not limited to: position or functions of the individual
A. PERSONAL v. SENSITIVE PERSONAL personal information, that is collection, recording, organization, storage, including:
INFORMATION specifically considered by law to updating or modification, retrieval, consultation, a. Fact that the individual or is or
be sensitive in nature. use, consolidation, blocking, erasure or was an officer or employee of the
Q: What is a personal information? b. Note that the law also covers destruction. (Sec. 3(j), DPA) government institution;
A: Refers to any information whether recorded in privileged information. b. The title, business address and
a material form or not, from which the identity of an (Sec. 3(l), DPA) Q: What are the types of personal information? office telephone number of the
individual is apparent or can be reasonably and A: Personal Information, Sensitive Personal individual;
directly ascertained by the entity holding the Q: Why is it important to distinguish between Information, Privileged Information (privileged c. The classification, salary range
information, or when put together with other personal that is not sensitive and sensitive communication as defined by Rules of Court or and responsibilities of the position
information would directly and certainly identify an personal information? law) held by the individual;
individual. (Sec. 3(g), DPA). A: Processing of sensitive personal information d. Name of the individual on a
(SPI) involves greater risk of harm for data Q: Who are the natural and juridical persons document prepared by the
Note: The DPA protects only the personal subjects. There are differences in treatment under involved in personal information processing? individual in the course of
information of individual persons, called data the law: A: employment with the government
subjects. Under the law, these refer to individuals 1. Sensitive personal information requires 1. Personal Information Controllers – 2. Information about an individual who is
whose personal information is processed. (Sec. stronger data protection or security refers to a natural or juridical person, or or was performing service under
3(c), DPA). measures; any other body who controls the contract for a government institution
2. The criteria to allow processing of processing of personal data, or instructs that relates to the services performed,
Example: A company ID number is personal sensitive personal information is stricter; another to process personal data on its including:
information because it is about an identifiable 3. When what is involved in a personal data behalf; does not refer to the employee in a. Terms of the contract
person. It can be put together with records of a breach is sensitive personal information, charge of computer systems, encoders, or b. Name of the individual given in
company’s Human Resource Department to mandatory breach notification is generally the head of IT department. (Sec. 3(h), the course of the performance of
directly identify an individual. required; DPA) services
4. Penalties for violation of the Data Privacy 2. Personal Information Processors – 3. Information relating to any discretionary
In Breyer v. Germany, the Court of Justice of the Act will be higher if sensitive personal refers to any natural or juridical person or benefit of a financial nature, such as:
European Union ruled that a dynamic internet information is involved. any other body to whom a personal Granting of a license or permit given by
protocol address (IP address) may be considered information controller may outsource or the government to an individual, including
personal data. (because additional information B. SCOPE instruct the processing of personal data the name of individual and exact nature of
may be made available by the internet service pertaining to a data subject. (Sec 3(i), the benefit
provider to identify a person) Q: What is the scope of the Act? (Sec. 4, DPA) DPA) 4. Personal information processed for
A: In general, the DPA applies to the processing journalistic, artistic, literary or
Q: What is a sensitive personal information? of all types of personal information and to any Example: A customer ordering from a fast food research purposes
A: It refers to personal information about: natural and juridical person involved in personal chain will call a hotline number being operated by 5. Information necessary in order to carry
1. About an individual’s race, ethnic origin, information processing, including personal a call center, to be able to order from the fast food out the functions of public authority
marital status, age, color, and religious, information controllers and processors who: chain. The customer is the data subject, the fast a. Processing of personal data for
philosophical or political affiliations; a. Use equipment that are located in the food chain the PIC, and the call center the PIP. The the performance by the
2. About an individual’s health, education, Philippines, regardless if found or fast food chain (PIC) outsourced to the call center independent
genetic or sexual life of a person, or to any established in Philippines (PIP) processing of personal information of b. Central monetary authority
proceeding for any offense committed or b. Maintain an office, branch, or agency in customer. c. Law enforcement and regulatory
alleged to have been committed by such the Philippines agencies, of their constitutionally
person, the disposal of such proceedings, Q: Does the Act have extraterritorial and statutorily mandated
or the sentence of any court in such NOTE: Publishers, editors or duly accredited application? functions
proceedings; reporters of any newspaper, magazine or A: 6. Information necessary for banks and
3. Issued by government agencies peculiar periodical of general circulation are given GENERAL RULE: The law has extraterritorial other financial institutions under the
to an individual which includes, but not protection from being compelled to reveal the application to the extent that a particular company jurisdiction of the central monetary
limited to: source of any news report or information has links to the Philippines, with due consideration authority or Bangko Sentral ng
a. Social Security numbers appearing in said publication which was related in to international law and comity. (Sec. 6, DPA; Sec. Pilipinas, to comply the Anti-Money
b. Previous or current health records confidence to such publisher, editor, or reporter 4, IRR) (e.g., Processing done in Philippines, Laundering Act and other applicable
c. Licenses or its denials (Sec. 5 RA 10173 in relation to RA 53) Company doing business in Philippines) laws
d. Suspension or revocation 7. Personal information originally
e. Tax returns EXCEPTIONS: (Sec. 5, IRR) collected from residents of foreign
4. Specifically established by an executive 1. Information about any individual who is or jurisdictions in accordance with the laws
of those foreign jurisdictions, including any Q: What is the proportionality rule? Q: What are the criteria for lawful processing? 1. Such regulations guarantee the
applicable data privacy laws, which is A: Processing shall be adequate, relevant, (Sec. 12, DPA) protection of sensitive personal and
being processed in the Philippines suitable, necessary, and not excessive in relation A: Processing of personal information (not privileged information
to a declared and specified purpose. Personal sensitive or privileged) shall be permitted only if: 2. Consent of the data subjects are not
Those outside the scope refer to information shall be processed only if the purpose a. Not otherwise prohibited by law; and required by law or regulation
information only. The National Privacy of the processing could not be reasonably be b. When at least one of the following c. Processing is necessary to protect the life
Commission has opined that entities or fulfilled by other means. (Sec. 18(c), IRR) conditions exist: and health of the data subject or another
agencies processing personal information 1. Data subject has given consent; person, and the data subject is not legally or
remain to be covered by the DPA, and are Personal Information must, be: (Sec. 11, DPA; 2. Processing is necessary and is related physically able to express his or her consent
subject to requirements of implementing Sec. 19, IRR) to the fulfillment of a contract with data prior to the processing;
security measures even if the particular a. Collected for specified and legitimate subject; d. Processing is necessary to achieve lawful
information being processed is outside the purposes determined and declared 3. Necessary for compliance with a legal and noncommercial objectives of public
scope. before, or as soon as reasonably obligation to which personal organizations and associations;
practicable after collection, and later information controller is subject; 1. Only confined to the bona fide
Example: Banks remain covered by the processed in a way compatible with such 4. Necessary to protect vitally important members of these organizations
DPA and must secure the personal declared purposes only; interests of data subject; 2. Sensitive information are not
information they hold, even if part of the b. Processed fairly and lawfully; 5. Necessary in order to respond to transferred to third parties
information they have are outside the c. Accurate, relevant and, where necessary national emergency, comply with 3. Consent of data subject was obtained
scope of the DPA (Ex. Reporting for purposes for which it is to be used, be public order and safety, or to fulfill prior to processing
suspicious transactions under AMLA) kept up to date; functions of public authority e. Processing is necessary for Medical
6. Necessary for purposes of legitimate treatment, carried out by a medical
C. PROCESSING OF PERSONAL NOTE: Inaccurate or incomplete data interests pursued by the personal practitioner or institution, and an adequate
INFORMATION must be rectified, supplemented, information controller or by a third party level of protection of personal information is
destroyed or their further processing to whom data is disclosed, EXCEPT ensured;
1. General Data Privacy Principles restricted where such interests are overridden by f. Personal information necessary for the
fundamental rights and freedoms of the protection of lawful rights and interests of
Q: What are the rules on the processing of d. Adequate and not excessive in relation to data subject natural or legal persons in court
personal information? the purposes for which they are collected proceedings, or the establishment, exercise
A: and processed; Consent of the data subject must be freely given, or defense of legal claims, or when provided
General Rule: (Sec. 18, IRR) Processing of e. Retained only for as long as necessary for specific, and informed, where the data subject to government or public authority
personal information shall be allowed, subject to the fulfillment of the purposes for which agrees to the collection and processing of
the following: the data was obtained or for the personal information about and/or pertaining to Q: Can the processing of personal information
a. Compliance with requirements of this act establishment, exercise or defense of him or her. (Sec. 3(b), DPA). be subcontracted?
and other laws allowing disclosure of legal claims, or for legitimate business A: Yes, a personal information controller may
information to the public purposes, or as provided by law; 2. Criteria for Processing of Sensitive subcontract the processing of personal
b. Adherence to the principles of f. Kept in a form which permits identification Personal Information and Privileged information. (Sec. 14, DPA)
transparency, legitimate purpose, and of data subjects for no longer than is Information
proportionality. (General Data Privacy necessary for the purposes for which data Note: The personal information controller must
Principles) were collected and processed Q: What are the rules on the processing of ensure that proper safeguards are in place to
● Provided, personal information sensitive personal information and privileged ensure the confidentiality of the personal
Q: What is the rule on transparency? collected for other purposes may lie information? (Sec. 13, DPA) information processed, prevent its unauthorized
A: Data subject must be aware of the nature, processed for historical, statistical A: use, and comply with processing requirements.
purpose and extent of the processing of his or her or scientific purposes, and in cases GENERAL RULE: Generally, processing of
personal data. Any information relating to the laid down in law may be stored for sensitive personal information and privileged
processing of personal data should be easy to longer periods information shall be prohibited
access and understand. (Sec. 18(a), IRR) ● Adequate safeguards are
guaranteed by said laws EXCEPT in the following cases:
Q: What is the legitimate purpose rule? authorizing their processing a. Data subject has given consent, specific to
A: Processing of information shall be compatible the purpose prior to the processing, or in the
with a declared and specified purpose which must Personal information controller must ensure case of privileged information, all parties to
not be contrary to law, morals, or public policy. implementation of personal information the exchange have given consent prior to
(Sec. 18(b), IRR) processing principles set out herein processing;
b. Processing is provided for by existing laws
and regulations;
Q: Differentiate Subcontracting and Outsourcing Data Sharing Outsourcing Data Sharing Outsourcing Data Sharing
Outsourcing from Data Sharing the subcontracting similar organizational of the data subject • Immediately
A: agreement. relationships; measures and to shall be upheld inform the
• Data sharing for the extent without compromising personal
Outsourcing Data Sharing The agreement shall commercial possible, fulfill the research integrity. information
Definition (Sec. 3(f), IRR). stipulate, in particular, purposes, obligation to controller if, in its
The disclosure or The disclosure or that the personal including direct respond to Data sharing between opinion, an
transfer of personal transfer to a third information controller marketing, shall be requests by data government agencies instruction
data by a personal party of personal data shall: covered by a data subjects relative to for the purpose of a infringes the Act,
information controller under the custody of a • Process the sharing the exercise of public function or these Rules, or
to a personal personal information personal data only agreement.2 their rights provision of a public any other issuance
information controller or personal upon the • The data subject • Assist the personal service shall be of the
processor; information processor. documented shall be provided information covered a data Commission.
instructions of the with the following controller in sharing agreement.
In the case of the personal information prior to ensuring • Any or all Q: When can the principle of privileged
latter, such disclosure information collection or before compliance with government communication be invoked?
or transfer must have controller data is shared.3 the Act, these agencies party to A: Personal information controllers may invoke the
been upon the • Ensure that an • Further processing Rules, other the agreement principle of privileged communication over
instructions of the obligation of of shared data relevant laws, and shall comply with privileged information that they lawfully control or
personal information confidentiality is shall adhere to the other issuances of the Act, these process. Subject to existing laws and regulations,
controller concerned. imposed on data privacy the Commission Rules, and all any evidence gathered on privileged information is
persons principles laid • At the choice of the other issuances of inadmissible. (Sec. 15, DPA)
The term excludes authorized to down in the Act, personal the Commission,
Outsourcing process the these Rules, and information including putting in D. RIGHTS OF THE DATA SUBJECT
Requirements personal data other issuances of controller, delete place adequate
Outsourcing (Sec. 20, IRR) • Implement the Commission. or return all safeguards for Q: What are the rights of data subjects?
Agreement (Sec. 44, appropriate personal data to data privacy and A: Rights of data subjects, in general, include:
IRR) Data Sharing shall be security measures Data collected from the personal security. a. Right to be informed on matters pertaining
allowed when it is and comply with parties other than the information • The data sharing to the processing of personal data,
The agreement must expressly authorized the DPA, its IRR, data subject for controller after the agreement shall including intended changes to the
set out: by law. and other purpose of research end of the be subject to processing;
• Subject matter and issuances of the shall be allowed when provision of review of the b. Right to object to the processing of
duration of the Data Sharing shall be National Privacy the personal data is services relating to Commission, on its personal data;
processing allowed in the private Commission publicly available, or the processing own initiative or c. Right to access upon demand;
• The type of sector if the data • Not engage has the consent of the • Make available to upon complaint of d. Right to correct errors and inaccuracies in
personal data and subject consents to another processor data subject for the personal data subject. the personal data being processed;
categories of data data sharing, and the without prior purpose of research: information e. Right to erasure or blocking of personal
subjects following conditions instruction from Provided, that controller all data when no longer necessary for the
• The obligations are complied with: the personal adequate safeguards information purpose of collection, and when rights of
and rights of the • Consent for data information are in place, and no necessary to data subjects are already being violated;
personal sharing shall be controller decision directly demonstrate f. Right to data portability, or the right to
information required even • Assist the personal affecting the data compliance with request for copies of his or personal data
controller, and when the data is to information subject shall be made the obligations laid which are being processed by electronic
• The geographic be shared with an controller, by on the basis of the down in the Act, means in commonly used formats; (Sec.
location of the affiliate or mother appropriate data collected or and allow for and 18, DPA)
processing under company, or technical and processed. The rights contribute to g. Right to damages when the data subject
audits, including is injured by an unlawful or unauthorized
inspections, processing, or by other acts violating his
2
The data sharing agreement shall establish adequate c) Categories of personal data concerned; conducted by the or her rights; and
safeguards for data privacy and security and uphold rights of d) Intended recipients or categories of recipients of the personal h. Right to file a complaint with the National
data subjects. It shall be subject to review by the Commission, personal data; information Privacy Commission (Sec. 16, DPA)
on its own initiative or upon complaint of data subject; e) Existence of the rights of data subjects, including the right
3
to access and correction, and the right to object;
controller or
a) Identity of the personal information controllers or personal f) Other information that would sufficiently notify the data another auditor DPA also has provisions on transmissibility of
information processors that will be given access to the subject of the nature and extent of data sharing and the mandated by the rights of data subject to lawful heirs and assigns of
personal data; manner of processing. latter the data subject at any time after the death of the
b) Purpose of data sharing;
ATENEO CENTRAL
BAR OPERATIONS 2021
data subject, or when the data subject is

incapacitated or incapable of exercising rights
(Sec. 17, DPA)
Limitation of rights of data subject: depending on

circumstances, rights of data subjects may not
apply or may be limited for:
1. Scientific and statistical research
2. Investigations in relation to any criminal,
administrative or tax liabilities (Sec. 37,
IRR)
————- end of topic ———

PROCEDURE AND
PROFESSIONAL
ETHICS
formerly Remedial Law, Legal
Ethics, and Practical Exercises
The Law Pertaining to Private Personal and Commercial Relations Page 104 of 269
D. PROCEDURE AND PROFESSIONAL ETHICS A. REMEDIAL LAW 1. CIVIL PROCEDURE
TOPIC OUTLINE UNDER THE SYLLABUS: r.Petition for relief from judgment TOPIC OUTLINE UNDER THE SYLLABUS: A. GENERAL PROVISIONS
s.Execution, satisfaction, and
A. REMEDIAL LAW effect of judgments A. REMEDIAL LAW Q: What are the cases where the Rules of Court
1. Civil Procedure 3. Appeal (Rules 41, 45) 1. Civil Procedure (“Rules”) are applicable? What are the cases
a. General provisions 4. Annulment of judgments (Rule 47) 2. Criminal Procedure where the Rules are not applicable?
3. Appeal (Rules 41, 45) A: Cases where Rules are applicable:
b. Actions 5. Small claims
4. Annulment of judgments (Rule 47) 1. Civil cases;
c. Cause of action 6. Evidence 2. Criminal cases;
5. Small claims
d. Parties to civil actions a. General concepts 3. Special Proceedings; and
6. Evidence
e. Venue b. Judicial notice and judicial 7. Special civil actions 4. Cases where the Rules apply by analogy or in
f. Pleadings admissions a. Expropriation a suppletory character and whenever
g. Summons c. Object evidence b. Certiorari practicable and convenient.. (Secs. 3 & 4,
h. Motions c. Prohibition Rule 1).
d. Documentary evidence
i. Dismissal of actions e. Testimonial evidence d. Mandamus
e. Quo warranto NOTE: Suppletory is defined as "supplying
j. Pre-trial f. Offer and objection deficiencies." It means that the provisions in
8. Special proceedings
k. Intervention 7. Special civil actions a. Habeas corpus the Rules of Court will be made to apply only
l. Subpoena a. Expropriation b. Habeas data where there is an insufficiency in the
m. Computation of time b. Certiorari c. Writ of amparo applicable rule. (GSIS v. Villaviza, G.R. No.
n. Modes of discovery c. Prohibition d. Rules of Procedure for 180291, 2010)
o. Trial d. Mandamus Environmental Cases
Cases where Rules are not available
p. Demurrer to evidence e. Quo warranto 1. Election cases;
q. Judgment and final orders 8. Special proceedings 2. Land registration;
r. Post-judgment remedies a. Habeas Corpus 3. Cadastral;
s. Execution, satisfaction, and b. Habeas Data 4. Naturalization; and
effect of judgments c. Writ of Amparo 5. Insolvency proceedings; (Sec. 4, Rule 1).
2. Criminal Procedure d. Rules Of Procedure for
a. General matters Environmental Cases
B. ACTIONS
b. Prosecution of offense i. Civil Procedures In
c. Prosecution of civil actions Environmental Cases Q: Distinguish civil actions from special
proceedings.
d. Preliminary investigation ii. Writ of Kalikasan
A:
e. Arrest iii. Writ of Continuing
f. Search and seizure Mandamus CIVIL ACTIONS SPECIAL
PROCEEDINGS
g. Bail iv. Criminal Procedure In
h. Arraignment and plea Environmental Cases One by which a party Remedy by which
i. Motion to quash B. ETHICS sues another for the party seeks to
j. Pre-trial 1. Qualifications for New Lawyers (includes enforcement or establish the status or
k. Trial those who reacquire citizenship) protection of a right or right of a party, or a
l. Judgment 2. Code of Professional Responsibility the prevention or redress particular fact. (Sec. 3
of a wrong. (Sec. 3 (c), Rule 1).
m. New trial or reconsideration (including duties incorporated in the
(a)(1), Rule 1).
n. Appeal Lawyer’s Oath)
o. Cybercrime warrants 3. Disqualifications / Inhibitions for Judges
4. Direct and Indirect Contempt Q: What are criminal actions?
p. Provisional remedies in criminal
C. PRACTICAL EXERCISES A: A criminal action is one by which the State
cases
prosecutes a person for an act or omission
q. Appeal & annulment of 1. Parts of conveyancing, affidavits
punishable by law. (Sec. 3 (b), Rule 1).
judgments 2. Parts of pleadings, motions
Q: What is a real action?
A: A real action affects title to or possession of real
property or an interest therein (Rule 4, Sec. 1).
Where a complaint is entitled as one for specific 1. A proceeding to determine the state or c. Jurisdiction over the person of the defendant
FAILURE TO STATE LACK OF CAUSE OF
performance but nonetheless prays for the condition of a thing; is not required as long as jurisdiction over
A CAUSE OF ACTION
issuance of a deed of sale for a parcel of land, its 2. An action directed against the thing itself; the res is acquired.
ACTION
primary objective and nature is one to recover the 3. An action where jurisdiction over the d. Judgment is binding upon the particular
parcel of land itself and, thus, is deemed a real person of the defendant is not required; persons. (Id.) Insufficiency of the Insufficiency of the
action. In such a case, the action must be filed in and allegations in the factual basis for the
the proper court where the property is located 4. It results in a judgment that is binding Q: How is jurisdiction acquired in actions pleading. action.
(Gochan v. Gochan, G.R. No. 146089, 2001). against the whole world. quasi in rem?
(Frias v. Alcayde, G.R. No. 194262, Feb. 28, A: Similar to an action in rem, in actions quasi in Raised before a Raised after the plaintiff
An action to recover the deficiency after 2018). rem, jurisdiction over the person of the defendant responsive pleading has rested its case.
extrajudicial foreclosure of a real property is not a prerequisite to confer jurisdiction on the has been filed.
mortgage is a personal action because it does not Q: How is jurisdiction acquired in actions in court provided that the court acquires jurisdiction
affect title to or possession of real property, or any rem? over the res. (Banco Do Brasil v. Court of Appeals, Remedy is to raise Remedy is to file a
interest therein (BPI Family v. Yujuico, G.R. A: In an action in rem, jurisdiction over the res (or G.R. Nos. 121576-78, Jun. 16, 2000). the same as an Demurrer to Evidence
175796, 2015). thing) is acquired either: (a) by the seizure of the affirmative defense in under Rule 33, Sec. 1.
property under legal process, whereby it is brought C. CAUSE OF ACTION the answer. (see Sec.
Q: What is a personal action? into actual custody of the law; or (b) as a result of 12, Rule 8).
A: Personal actions are all other actions not the institution of legal proceedings, in which the Q: Distinguish cause of action from right of
involving title to or possession of real property or power of the court is recognized and made (Asia Brewery, Inc. v. Equitable PCI Bank, G.R.
action.
any interest therein. (Sec. 2, Rule 4; see also effective. (Alba v. Court of Appeals, G.R. No. No. 190432, Apr. 25, 2017).
A:
Pamaran v. Bank of Commerce, G.R. No. 205753, 164041, Jul. 29, 2005).
2016). CAUSE OF ACTION RIGHT OF ACTION NOTE: Under the 2019 Amendments to the Rules
Q: What are actions in personam? on Civil Procedure (“2019 Amendments”), failure
Based on the allegations of the complaint, if the A: Actions in personam are: An act or omission of Right to commence to state a cause of action is now an affirmative
respondent seeks the nullification of promissory 1. Actions imposing a responsibility or one party in violation of and maintain an defense (see Sec. 12, Rule 8).
notes, continuing surety agreements, checks and liability upon a person directly. the legal rights of action. It springs from
mortgage agreements for being executed against 2. These are directed against a particular another. a cause of action but Q: What is the test of sufficiency of a cause of
their will and vitiated by irregularities, not the person. does not accrue until action?
recovery of the possession or title to the properties 3. These are actions where jurisdiction over all the facts which A: The test of the sufficiency of the facts alleged in
burdened by the mortgages, then the action is the person of the defendant is required. constitute the cause the complaint as constituting a cause of action is
personal in nature and not real, therefore, the 4. These are actions where judgment is of action have whether or not admitting the facts alleged, the
proper venue would be governed by Rule 4 binding only upon the parties impleaded or occurred. court could render a valid verdict in accordance
Section 2(b) of the Rules of Court. (BPI v their successors in interest. with the prayer of the complaint. (see Misamis
Formal statement of A remedial right Occidental II Cooperative v. David, G.R. No.
Hontanosas, G.R. No. 157163, Jun. 25, 2014). (Frias v. Alcayde, G.R. No. 194262, Feb. 28,
operational facts that belonging to persons. 129928, Aug. 25, 2005)
2018).
give rise to remedial
Q: Distinguish local from transitory actions.
rights. Q: What is the effect of splitting a single cause
A: Q: How is jurisdiction acquired in actions in
personam? of action?
LOCAL TRANSITORY Governed by Governed by A: A party may not institute more than one suit for
A: Where the action is in personam, that is, one substantive law. procedural law.
brought against a person on the basis of her a single cause of action. If two or more suits are
Its venue depends Its venue depends instituted on the basis of the same cause of action,
upon the location of the upon the residence of personal liability, jurisdiction over the person of the The reason for the The remedy afforded.
defendant is necessary for the court to validly the filing of one or a judgment upon the merits in
property involved in the the plaintiff or the action.
try and decide the case. Service of summons any one is available as a ground for the dismissal
litigation. It is filed in defendant at the of the others on the ground of res judicata or litis
the court where the option of the plaintiff. upon the defendants is essential in order for the Not affected by May be lost or waived
court to acquire jurisdiction over their persons. affirmative defenses. due to affirmative pendentia. (Secs 3 & 4, Rule 2; Sec. 12, Rule 15).
property or any part An example of such
thereof is situated. action is recovery of a (Velayo-Fong v. Spouses Velayo, G.R. No. defenses.
155488, Dec. 6, 2006). If the first action is pending when the second
sum of money. (Multi-Realty Development Corp. v. Makati action is filed, the latter may be dismissed based
Q: What are actions quasi in rem? Tuscany Condominium Corp., G.R. No. 146726, on LITIS PENDENTIA. (Id.)
A real action is a local A personal action is a Jun. 16, 2006; Turner v. Lorenzo Shipping Corp.).
action. (Sec. 1, Rule 4; transitory action. A:
proceeding, the purpose of which is to If a final judgment had been rendered in the first
supra) (Sec. 2, Rule 4, Q: Distinguish failure to state a cause of action action when the second action is filed, the latter
supra) subject the interest of a named defendant
over a particular property to an obligation or from lack of cause of action. may be dismissed based on RES JUDICATA. (Id.)
lien burdening it. A:
Q: What are actions in rem? b. Directed against particular persons.
A: An action in rem is:
a. is a
Q: What is a joinder of causes of action? absent parties but even as to those present Q: Is substitution of a party allowed? Only when the party fails to obey the order of
A: A party may in one pleading assert, in the (MWSS v. Court of Appeals, G.R. No. 126000, A: Yes. In case of death of a litigant during the dropping or adding parties can the court order the
alternative or otherwise, as many causes of action Oct. 7, 1998) pendency of an action. The heirs of the deceased dismissal of the case. (Sec. 3, Rule 17).
as he may have against an opposing party, subject may be allowed to be substituted for the deceased,
to the following conditions: However, it is not a ground for automatic dismissal without requiring the appointment of an executor Q: What is a class suit?
1. The party joining the causes of action shall of complaint; hence, the court should order an or administrator and the court may appoint a A: A class suit is a representative suit insofar as
comply with the rules on joinder of parties; amendment impleading the indispensable parties. guardian ad litem for the minor heirs (Sec. 16, Rule the persons who institute it represent the entire
2. The joinder shall not include special civil The case would be dismissed if there is refusal to 3). class of persons who have the same interest or
actions or actions governed by special comply with the directive of the court for the joinder who suffered the same injury. However, unlike
rules; of an indispensable party to the case (Contreras Q: Are alternative defendants allowed? representative suits, the persons instituting a class
3. Where the causes of action are between vs. Rovila Water Supply, G.R. No. 168979, 2013). A: Yes. Where the plaintiff cannot definitely suit are not suing merely as representatives. They
the same parties but pertain to different identify who among two or more persons should themselves are real parties in interest directly
venues or jurisdictions, the joinder may be Q: Who is a necessary party? be impleaded as a defendant, he may join all of injured by the acts or omissions complained of.
allowed in the Regional Trial Court A: A necessary party is one who is not them as defendants in the alternative, although a (Paje v. Casiño, G.R. No. 207257, Feb. 3, 2015).
provided one of the causes of action falls indispensable but who ought to be joined as a right to relief against one may be inconsistent with
within the jurisdiction of said court and the party if complete relief is to be accorded as to a right of relief against the other (Sec. 13, Rule 3). Q: What are the requisites of a class suit?
venue lies therein; and those already parties, or for a complete A: For a class suit to prosper, the following must
4. Where the claims in all the causes action determination or settlement of the claim subject of Q: When is a joinder of a party compulsory? concur:
are principally for recovery of money, the the action; he should nevertheless be joined A: It is mandatory to implead indispensable parties 1. Subject matter of the controversy of
aggregate amount claimed shall be the whenever possible. (Sec. 8, Rule 3; Law Firm of to the suit. If it appears to the court that an common or general interest to many
test of jurisdiction (Sec. 5, Rule 2). Laguesma Magsalin Consulta and Gastardo v. indispensable party has not been joined, it is its persons;
Commission on Audit, G.R. No. 185544, 2015) duty to stop the trial and order the inclusion of such 2. Persons are so numerous that it is
Q: What is a misjoinder of causes of action? party. The responsibility to implead rests on the impracticable to join all as parties;
A: There is misjoinder of causes of action when In an action for reconveyance, the property owners plaintiff, and the defendant has no right to compel 3. The parties actually before the court are
the conditions for joinder under Section 5, Rule 2 against whom such action is filed is an the plaintiff to prosecute the action against a party sufficiently numerous and
are not met. (Spouses Perez v. Hermano, G.R. indispensable party. On the other hand, the seller if he does not wish to do so, but the latter is to representative; and
No. 147417, Jul. 8, 2005). from whom the owners acquire the property is only suffer the consequences of any error he might 4. The representatives sue or defend for the
a necessary party. (Spouses Aboitiz v. Spouses commit in exercising his option. (Uy v. CA, GR. benefit of all. (Juana Complex I
When there is a misjoinder of causes of action, the Po, G.R. Nos. 208450 & 208497, June 5, 2017) 157065, Jul. 11, 2006). Homeowners Association v. Fil-Estate
erroneously joined cause of action can be Land, G.R. No. 152272, Mar. 5 2012).
severed from the rest of the causes of action and Q: What is the effect of the non-joinder of a Q: When is a joinder of a party permissive?
may proceed separately upon motion by a party necessary party? A: A permissive joinder of parties is allowed when Q: What are the effects of the death of a party
or upon the court’s own initiative. (Sec. 6, Rule 2). A: The non-inclusion of a necessary party does the following is complied with: to a pending action?
NOT prevent the court from proceeding in the 1. The right to relief should arise out of the A:
D. PARTIES TO CIVIL ACTIONS action, and the judgment rendered therein shall be SAME transaction or series of Effect on the attorney-client relationship
without prejudice to the rights of such necessary transactions; and Attorney-client relationship is terminated upon the
Q: Who is a real party-in-interest? party. (Sec. 9, Rule 3; Agro Conglomerates, Inc. v. 2. That there exists a question of law or fact client's death. A dead client has no personality and
A: A real party-in-interest is one who stands to be CA, G.R. No. 117660, Dec. 18, 2000). common to ALL parties. (Sec. 6, Rule 3; cannot be represented by an attorney. Neither
benefited or injured by the judgment in the suit, or Central Bank Board of Liquidators v. does the counsel become the counsel of the heirs
the party entitled to the avails of the suit. (Sec. 2, Whenever a necessary party is not joined, the Banco Filipino Savings and Mortgage of the deceased, unless said heirs engage his
Rule 3). pleader shall set forth his: Bank, G.R. No. 173399, Feb. 21, 2017). services. (Borlongan v. Buenaventura, G.R. No.
1. Name, if known; and 167234, Feb. 27, 2006; Lawas v. Court of Appeals,
Q: Who is an indispensable party? 2. Shall state why he is omitted. (Sec. 9, Q: When is a party misjoined? G.R. No. L-45809, Dec. 12, 1986).
A: A real party-in-interest without whom NO FINAL Rule 3). A: A party is misjoined when he is made a party to
DETERMINATION can be had of an action. They the action although he should not be impleaded. Effect on the case when death extinguishes the
are those with such an interest in the controversy Should the court find the reason for the omission (Sec. 11, Rule 3) claim
that a final adjudication cannot be made, in his unmeritorious, it may order the inclusion of the Obligations that are personal or are identified with
absence, without injuring or affecting that interest omitted necessary party if jurisdiction over his Q: What is the effect of misjoinder or non- the persons themselves are extinguished by
(Sec. 7, Rule 3). person may be obtained. (Id.). joinder of parties? death. Thus, the substitution is not necessary and
A: Neither of the two is a ground for the dismissal would not be ordered if the death would extinguish
Q: What is the effect of the non-joinder of The failure to comply with the order for his of an action, as parties may be dropped or added the action. The proper course is for the court to
indispensable parties? inclusion, without justifiable cause, shall be by order of the court or on motion of any party OR dismiss the case. (See Stronghold Insurance Co.,
A: The absence of an indispensable party renders deemed a waiver of the claim against the on its own initiative at any stage of the action and Inc. v. Republic-Asahi Glass Corp., G.R. No.
all subsequent actions of the court null and void necessary party. (Id.). on such terms as are just. (Sec. 11, Rule 3). 14756, 2006, see also RIANO, 2019, p. 263).
for want of authority to act, not only as to the
Duty of counsel when death does not extinguish E. VENUE litigants in a case (Marcos-Araneta v. Cam, GR F. PLEADINGS
the claim No. 154096, 2008).
Whenever a party to a pending action dies, and the Q: What is the venue for real actions? Q: What are the kinds of pleadings?
claim is not thereby extinguished, it shall be the A: The venue for real actions shall be in the proper Q: What is the venue for actions against non- A: (C4ART)
duty of his counsel to: court which has jurisdiction over the area wherein resident defendants? 1. Complaint;
1. Inform the court within 30 days after such the real property involved, or a portion thereof, is A: If the defendant does not reside or is not found 2. Counterclaim;
death of the fact thereof, and situated. (Sec. 1, Rule 4). in the Philippines and the action affects the 3. Cross-claim;
2. Give the name and address of his legal personal status of the plaintiff or property of the 4. Complaint-in-intervention;
representative or representatives. Forcible entry and detainer actions shall be said defendant located in the Philippines, the 5. Answer;
Failure of counsel to comply with this duty shall be commenced and tried in the municipal trial court action may be commenced in the court of the place 6. Reply (Sec. 2, Rule 6);
a ground for disciplinary action. (Sec. 16, Rule 3). (or metropolitan trial courts, municipal circuit trial where: 7. Third (fourth, etc. -party complaint).
court, and municipal trial court in cities, collectively 1. The plaintiff resides;
The heirs of the deceased may be allowed to be as “MTCs”) of the municipality or city wherein the 2. The property or any portion thereof is Q: What is a complaint?
substituted for the deceased, without requiring the real property involved, or a portion thereof, is situated or found. (Sec. 3, Rule 4) A: A complaint is the pleading alleging the
appointment of an executor or administrator and situated. (Id.; see also Sec. 33 (2), Batas plaintiff’s cause or causes of action. The names
the court may appoint a guardian ad litem for the Pambansa Blg 129 (“B.P. 129”). Q: When do the rules on venue not apply? and residences of the plaintiff and defendant must
minor heirs. (Id.). A: The rules on venue are not applicable in any of be stated in the complaint. (Sec. 3, Rule 6)
Where a complaint is entitled as one for specific the following cases:
Q: What is the effect of non-substitution of the performance but nonetheless prays for the 1. Where a specific rule or law provides Q: What is an answer?
legal heirs? issuance of a deed of sale for a parcel of land, its otherwise; or A: An answer is a pleading in which a defending
A: Non-compliance with the rule on substitution of primary objective and nature is one to recover the 2. Where the parties have validly agreed in party sets forth his defenses. It may be an answer
a deceased party renders the proceedings and parcel of land itself and, thus, is deemed a real writing before the filing of the action on the to a complaint, a counterclaim or a cross-claim.
judgment of the trial court infirm, because the trial action. In such a case, the action must be filed in exclusive venue thereof. (Sec. 4, Rule 4). (Sec. 4, Rule 6, RIANO, 2019, p. 323)
court acquired no jurisdiction over the persons of the proper court where the property is located
the legal representatives or of the heirs on whom (Gochan v. Gochan, G.R. No. 146089, 2001). Q: May the parties validly stipulate on the Q: What are negative defenses?
the trial and judgment would be binding on. (Brioso venue of an action? A: Negative defenses refer to the specific denial of
v. Rili-Mariano, G.R. No. 132765, Jan. 31, 2003). An action to recover the deficiency after A: The parties may stipulate on the venue as long the material fact or facts alleged in the pleading of
extrajudicial foreclosure of a real property as there is an agreement to that effect which is: the claimant essential to his cause or causes of
The court may order the opposing party, within a mortgage is a personal action because it does not 1. In writing; action. (Sec. 5(a), Rule 6)
specified time, to procure the appointment of an affect title to or possession of real property, or any 2. Made before the filing of the action; and
executor or administrator for the estate of the interest therein (BPI Family v. Yujuico, G.R. 3. Exclusive as to the venue. (Sec. 4(b), Rule Q: What is a negative pregnant?
deceased in cases when: 175796, 2015). 4; see also FERIA, 2013, p. 310-312). A: A negative pregnant is a form of negative
1. If no legal representative is named by the expression which carries with it an affirmation or at
counsel for the deceased party; or Q: What is the venue for personal actions? Q: When is a stipulation on the venue least an implication of some kind favorable to the
2. If the legal representative so named shall A: The venue for personal actions shall be, at the considered as restrictive? When is it adverse party. It is a denial pregnant with an
fail to appear within the specified period. election of the plaintiff: considered permissive? admission of the substantial facts alleged in the
(Sec. 16, Rule 3) 1. Where the plaintiff or any of the principal A: Written stipulations as to venue are either pleading. (Valdez v. Dabon, Jr., A.C. No. 7353,
plaintiffs resides; mandatory (restrictive) or permissive. In November 16, 2015).
Nevertheless, formal substitution of heirs is not 2. Where the defendant or any of the interpreting stipulations, inquiry must be made as
necessary when the heirs themselves voluntarily principal defendants resides; or to whether or not the agreement is restrictive in the NOTE: A negative pregnant is a judicial admission,
appeared, participated in the case and presented 3. In the case of a non-resident defendant, sense that the suit may be filed only in the place i.e., an oral or written admission made by a party
evidence in defense of deceased defendant. (Vda. where he may be found. (Sec. 2, Rule 4). agreed upon or merely permissive in that the in the course of the proceedings in the same case
de Salazar v. CA, G.R. No. 121510, Nov. 23, parties may file their suits not only in the place which does not require proof. (see Sec. 4, Rule
1995). Q: What is the venue for personal actions when agreed upon but also in the places fixed by the 129; see also Republic v. Sandiganbayan, G.R.
there is more than one plaintiff in a case? rules. (Supena v. Dela Rosa, A.M. No. RTJ-93- No. 189590, 2018)
Q: What is the rule if the deceased has no A: When there is more than one plaintiff in a 1031, Jan. 28, 1997).
heirs? personal action case, the residences of the Q: What is a counterclaim?
A: Where the deceased has no heirs, the court principal parties should be the basis for Examples of qualifying or restrictive words: A: A counterclaim is any claim, which a defending
shall require the appointment of an executor or determining proper venue. Eliminate the qualifying "exclusively" and "waiving for this purpose any party may have against an opposing party. (Rule
administrator; if the heir is a minor, a guardian ad term “principal” [in the Rules] and the purpose of other venue," "shall only" preceding the 6, Sec. 6) It is in itself a distinct and independent
litem. (Sec. 16, Rule 3) the Rule would be defeated where a nominal or designation of venue, "to the exclusion of the cause of action and when filed, there are two
formal party is impleaded in the action since the other courts," or words of similar import. (Auction simultaneous actions between the same parties.
latter would not have the degree of interest in the in Malinta, Inc. v. Luyaben, G.R. No. 173979, Feb. (Padilla v. Globe Asiatique Realty Holdings
subject of the action which would warrant and 12, 2007). Corporation, G.R. No. 207376, August 6, 2014).
entail the desirably active participation expected of
Q: What is the difference between (3) When complaint is dismissed through the defendant must belong to the original
COMPULSORY PERMISSIVE
counterclaims filed with the MTC and the RTC? plaintiff’s fault and at a time when a counterclaim defendant;
COUNTERCLAIM COUNTERCLAIM
A: A counterclaim filed in the Municipal Trial Court has already been set up - The dismissal is without 3. The claim of the original defendant against
or in the Metropolitan Trial Court must be within No requirement for the May require for its prejudice to the right of the defendant to prosecute the third-party defendant must be based
the court’s jurisdiction both as to the nature and to presence of third adjudication the his counterclaim in the same or separate action. upon the plaintiffs claim against the
the amount of the claim. (Sec. 7, Rule 6). parties whom the court presence of third (Sec. 3, Rule 17). original defendant; and
cannot acquire parties over whom the 4. The defendant is attempting to transfer to
A counterclaim filed in the RTC may be deemed jurisdiction over for its court cannot acquire Q: What is a cross-claim? the third-party defendant the liability
compulsory regardless of the amount, but it must adjudication. (Alba, Jr. jurisdiction. (Alba, Jr. v. A: A cross-claim is any claim by one party against asserted against him by the original
be within its jurisdiction as to nature – i.e., the RTC v. Malapajo, G.R. No. Malapajo, G.R. No. a co-party arising out of the transaction or plaintiff. (Philtranco Services v. Paras,
cannot try an unlawful detainer case as a 198752, 2016) 198752, 2016) occurrence that is the subject matter either of the G.R. No. 161909, 25 April 2012).
counterclaim, but it may take cognizance of a original action or of a counterclaim therein. Such
counterclaim involving an amount below its Does not require the Requires the payment cross-claim may cover all or part of the original Q: What are the instances when a third (fourth,
jurisdictional threshold. (Sec. 7, Rule 6). payment of docket of docket fees. (Sy- claim. (Sec. 8, Rule 6). etc.) party complaint will be denied of
fees. (Sy-Vargas v. Vargas v. Estate of admission?
Q: Differentiate compulsory counterclaim from Estate of Ogsos, G.R. Ogsos, G.R. No. Q: What are the requisites of a cross-claim? A: Under Rule 6, Sec. 11 of the 2019
permissive counterclaim. No. 221062, 2016). 221062, 2016). A: Requirements: Amendments, the third-party complaint shall be
A: 1. A claim by one party against a co-party; denied admission, and the court shall require the
Failure to answer a Must be answered by 2. Must arise out of the transaction or defendant to institute a separate action, where:
COMPULSORY PERMISSIVE
compulsory the party against whom occurrence that is the subject matter 1. The third-party defendant cannot be
COUNTERCLAIM COUNTERCLAIM
counterclaim is not a it is interposed. either of the original action or of a located within 30 calendar days from the
It arises out of or is It does not arise out of ground for a Otherwise, the party counterclaim; and grant of such leave;
declaration of may be declared in 3. The cross-claimant is prejudiced by the 2. Matters extraneous to the issue in the
necessarily connected or is it necessarily
with the transaction or connected with the default. All new default. (see claim against him by the opposing party. principal case are raised; or
occurrence that is the subject matter of the matters raised in the Sarmiento v. Juan, (Sec. 8, Rule 6). 3. The effect would be to introduce a new
subject matter of the opposing party’s claim. answer containing the 1983, as cited in and separate controversy into the action.
opposing party’s claim. (Alba, Jr. v. Malapajo, compulsory RIANO, 2019, p. 354) Q: What is the remedy when a party fails to set (Sec. 11, Rule 6)
(Alba, Jr. v. Malapajo, G.R. No. 198752, counterclaim are up a counterclaim or cross-claim?
G.R. No. 198752, 2016) deemed controverted. A: An AMENDED ANSWER is proper when the Q: What is a complaint-in-intervention?
2016) (see Sec. 10, Rule 6; pleader fails to set up a counterclaim or cross- A: A complaint-in-intervention is a pleading filed by
see also Gojo v. claim at the time the original answer was filed due an intervenor who asserts a claim against either or
It shall be contained in It may be set up as an Goyala, G.R. No. L- to oversight, inadvertence, or excusable all of the original parties to an action. (Sec. 3, Rule
the answer. If not set independent action 26768, 1970) neglect. (Sec. 10, Rule 11; FERIA, 2013, p. 379). 19)
up it shall be barred. and will not be barred
(see Sec. 8, Rule 11) if not contained in the A SUPPLEMENTAL ANSWER is proper if the NOTE: If the purpose of the motion for intervention
Q: What is the effect on the counterclaim when counterclaim or cross-claim matures or is acquired is to assert a claim against either or all of the
answer to the
the complaint itself is dismissed? AFTER the answer is filed. (Sec. 9, Rule 11; original parties, the pleading shall be called a
complaint. (Alba, Jr. v.
A: (1) When the defendant files an answer raising FERIA, 2013, p. 379). COMPLAINT-IN-INTERVENTION. Meanwhile, if
Malapajo, G.R. No.
therein an affirmative defense, as well as a the purpose is to unite with the defending party in
198752, 2016)
counterclaim, and upon hearing of the affirmative Q: What is a third (fourth, etc.) party resisting a claim against the latter, the pleading is
It is not an initiatory It is an initiatory defenses, the court dismisses the case – The complaint? called an ANSWER-IN-INTERVENTION. (Sec. 3,
pleading. (Cruz-Agana pleading. (Cruz-Agana dismissal of the complaint shall be without A: A claim that a defending party may, with leave Rule 19)
v. Santiago-Lagman, v. Santiago-Lagman, prejudice to the prosecution of the counterclaim in of court, file against a person not a party to the
G.R. No. 139018, G.R. No. 139018, the same or a separate action; action, in respect of his opponent’s claim, for: Intervention is a remedy by which a third party,
2005) 2005) 1. Contribution; who is not originally impleaded in a proceeding,
(2) When the plaintiff himself files a motion to 2. Indemnity; becomes a litigant for purposes of protecting his or
Does not require Should be dismiss his complaint after the defendant has 3. Subrogation; or her right or interest that may be affected by the
certification against accompanied by a pleaded his answer with a counterclaim, and the 4. Any other relief. (Sec. 11, Rule 6) proceedings. (Neptune Metal Scrap Recycling,
forum shopping. (Alba, certification against court grants the motion - Again, the dismissal shall Inc. v. Manila Electric Co., G.R. No. 204222, July
Jr. v. Malapajo, G.R. forum shopping. (Alba, be without prejudice to the right of the defendant Q: What are the requisites for a third (fourth, 4, 2016)
No. 198752, 2016) Jr. v. Malapajo, G.R. to prosecute his counterclaim in a separate action etc.) party complaint?
No. 198752, 2016) unless within 15 days from notice of the motion he A: Q: What is an intervenor?
manifests his preference to have his counterclaim 1. The party to be impleaded must not yet be A: An intervenor is a person who has a legal
resolved in the same action. (Sec. 2, Rule 17). a party to the action; interest in the matter in litigation, or in the success
2. The claim against the third-party of either of the parties, or an interest against both,
or is so situated as to be adversely affected by a A: If a party does not file such reply, all the new Q: What are ultimate facts? practicable, setting forth the substance of the
distribution or other disposition of property in the matters alleged in the answer are deemed A: The ultimate facts are the essential facts matters upon which he/she relies to support
custody of the court or of an officer thereof. (Sec. controverted or denied. No admission follows from constituting the plaintiff's cause of action. A fact is his/her denial. (Sec. 10, Rule 8; UA vs. Wallem
1, Rule 19). the failure to file a reply. (Sec. 10, Rule 6) essential if they cannot be stricken out without Philippines Shipping, Inc G.R. No. 171337. July
leaving the statement of the cause of action 11, 2012).
Q: What are the requisites for a complaint-in- NOTE: The defendant may file a rejoinder if the inadequate. (Zuñiga-Santos v. Santos-Gran, G.R.
intervention? latter is solely based on the actionable document No. 197380, 2014) Q: What are the types of specific denial?
A: The following are the requisites for intervention: attached to the reply. (Sec. 10, Rule 6) A: Under Rule 8, Sec.10, there are three modes of
1. A person has legal interest: Q: What are evidentiary facts? specific denial:
a. In the matter in litigation; Q: When is a motion for extension to file a A: Evidentiary facts are those which are necessary 1. Absolute Denial - by specifying each
b. In the success of any of the parties; pleading allowed? to prove the ultimate fact or which furnish evidence material allegation of the fact in the
c. An interest against the parties; or A: As a general rule, a motion for extension to file of the existence of some other facts. (Locsin v. complaint, the truth of which the defendant
d. He is so situated as to be adversely any pleading is prohibited and considered a mere Sandiganbayan, G.R. No. 134458, Aug. 9, 2007) does not admit, and whenever practicable,
affected by a distribution or scrap of paper. (Sec. 11, Rule 11). setting forth the substance of the matters
disposition of property in the custody Q: How do you plead an actionable document? which he will rely upon to support his
of the court or an officer thereof. (Rule Exception: A defendant may, for meritorious A: In pleading an actionable document, the denial;
19, Sec. 1, Mactan-Cebu International reasons, be granted an additional period of not pleader must: 2. Partial Denial - by specifying so much of
Airport Authority v. Heirs of Miñoza, more than 30 calendar days to file an answer. A 1. Set forth in the pleading the substance of an averment in the complaint as is true
G.R. No. 186045, Feb. 2, 2011) defendant is only allowed to file 1 motion for the instrument or the document, and and material and denying only the
2. The intervention will not unduly delay or extension of time to file an answer. (Id.). 2. Attach the original or the copy of the remainder (Partial Denial); and
prejudice the adjudication of the rights of the document to the pleading as an exhibit 3. Denial by Disavowal of Knowledge - by
original parties; The court, however, may allow any other pleading and which shall form part of the pleading, stating that the defendant is without
3. The intervenor’s rights may not be fully to be filed after the time fixed by the Rules. (Id.). (Sec. 7, Rule 8). knowledge or information sufficient to form
protected in a separate proceeding. (Asia's a belief as to the truth of a material
Emerging Dragon Corp. v. Department of Q: How should allegations be made in Q: How do you contest an actionable averment in the complaint, which has the
Transportation and Communications, G.R. pleadings? document? effect of a denial. (Republic v. Gimenez,
Nos. 169914 Mar. 24, 2008); an A: Under the 2019 Amendments, every pleading A: An actionable document can be contested: G.R. No. 174673, Jan. 11, 2016).
4. The motion to intervene is filed before shall contain in a methodical and logical form, a 1. By specific denial under oath (i.e., denial
rendition of judgment. (Sec. 2, Rule 19). plain, concise and direct statement of the must be verified); and Q: What is the effect of failure to make a
ultimate facts, including the evidence on which 2. By setting forth what is claimed to be the specific denial?
Q: What is a reply? the party pleading relies for his or her claim or facts. (Sec. 8, Rule 8). A:
A: A reply is a pleading, the office or function of defense, as the case may be. If a cause of action General Rule: Allegations NOT specifically
which is to deny, or allege facts in denial or or defense relied on is based on law, the Specific denial under oath is not required when: denied are deemed admitted (Rule 8, Sec. 11).
avoidance of new matters alleged in, or pertinent provisions thereof and their 1. The adverse party does not appear to be
relating to, an actionable document. It is the applicability to him or her shall be clearly and a party to the instrument; or Exceptions:
responsive pleading to an answer. (Rule 6, Sec. concisely stated. (Sec. 1, Rule 8; see also Sec. 2. The compliance with an order for an 1. Allegations as to the amount of
10; RIANO, 2019, p. 367). 6, Rule 7). inspection of the original instrument is unliquidated damages;
refused. (Id.). 2. Allegations immaterial as to the cause of
Q: When is the filing of a reply allowed? Moreover, the 2019 Amendments require the action; and
A: The plaintiff may file a reply only if the following to be contained in the pleadings: If the defending party attaches an actionable 3. Conclusions of law and fact in a pleading.
defending party attaches an actionable 1. Designation of the pleading; document to his or her answer, the plaintiff may file (Sec. 8, Rule 11; RIANO, 2019, p. 331;).
document to his or her answer. If the plaintiff 2. Allegation of the party’s claims and a reply. (Sec. 10, Rule 6).
wishes to interpose any claim arising out of the defenses; Q: When does a specific denial require an
new matters so alleged, such claims shall be set 3. Reliefs prayed for; Q: What is the effect if the defendant fails to oath?
forth in an amended or supplemental complaint. 4. Date of the pleading (Sec. 2, Rule 7); deny under oath? A: When an action or defense is based on an
(Sec. 10, Rule 6) 5. Names of witnesses who will be A: Save for the aforementioned exceptions, failure actionable document, the denial must be under
presented to prove a party’s claim or to specifically deny under oath an actionable oath and must set forth what he or she claims to
Q: What is an actionable document? defense; document results in the admission of the be the facts. (Sec. 8, Rule 8)
A: An actionable document is a document upon 6. Summary of the witnesses’ intended genuineness and due execution of the instrument
which an action or defense is based. (Rule 8, Sec. testimonies, as supported by judicial by the adverse party. (Sec. 8, Rule 8) NOTE: The 2019 Amendments do not require
7). affidavits attached to the pleading; and anymore the denial under oath of allegations of
7. Documentary and object evidence in Q: What is a specific denial? usury.
Q: What is the effect of the failure to file a support of the allegations contained in A: A specific denial is made by specifying each
reply? the pleading. (Sec. 6, Rule 7) material allegation of fact, the truth of which the
defendant does not admit and, whenever
Q: What are affirmative defenses? Q: How are affirmative defenses resolved? declare the defending party in default;
Rule 6, Sec. Rule 6, Sec. Sec. 12 (a),
A: An affirmative defense is an allegation of a new A: 4. The claiming party must prove that the
5(b) par. 1 5(b) par. 2 Rule 8
matter which, while hypothetically admitting the (1) For affirmative defenses under the first defending party has failed to answer
material allegations in the pleading of the claimant paragraph of Section 5 (b) of Rule 6 – the court same within 30 the pleadings within the period provided by the Rules of
would nevertheless prevent or bar recovery by may conduct a summary hearing within 15 days from the or the Court;
him. (Sec. 5(b), Rule 6) calendar days from the filing of the answer. Such termination of evidence on 5. The defending party must be notified of
affirmative defenses shall be resolved by the court the summary record. the motion to declare him in default;
Under the 2019 Amendments, the affirmative within 30 calendar days from the termination of the hearing. 6. There must be a hearing of the motion to
defenses can be classified into three groups: summary hearing. (Sec. 12 (d), Rule 8); declare the defending party in default.
These These These affirmative There is no motu propio declaration of a
1. Affirmative defenses under the first (2) For affirmative defenses under the second affirmative affirmative defenses are not party as being in default.
paragraph of Section 5 (b) of Rule 6, which paragraph of Section 5 (b) of Rule 6 - the court defenses are defenses are grounds for a (Sec. 3, Rule 9; FERIA, 2013 p. 383, citing Sps.
are: may motu propio resolve them (including not grounds for grounds for a motion to Delos Santos v. Carpio, G.R. No. 153696, Sep. 11,
a. Fraud; prescription) when such defenses appear from the a motion to motion to dismiss. 2006; see also Momarco Import Co., Inc. v.
b. Statute of limitations (Prescription); pleadings or the evidence on record. (Sec. 1, Rule dismiss except dismiss. Villamena, G.R. No. 192477, Jul. 27, 2016).
c. Release; 9); for statute of
d. Payment; limitations/ Q: What is the effect of an order of default?
prescription.
e. Illegality; (3) For affirmative defenses under Section 12 (a), A: The party in default loses his standing in court,
f. Statute of frauds; Rule 8 - the court shall motu propio resolve them i.e., he/she can no longer take part in the trial.
g. Estoppel; within 30 days from the filing of the answer. (Sec. Q: What is the effect of failure to raise an Nonetheless, he/she is entitled to notices of
h. Former recovery; 12 (c), Rule 8). affirmative defense? subsequent proceedings and may participate in
i. Discharge in bankruptcy; and A: the trial as a witness.(Sec. 3 (a), Rule 9; see also
j. Any other matter by way of confession Kindly see the table below for the summary of General Rule: Failure to raise the affirmative Cavili v. Florendo, G.R. No. 73039, 1987).
and avoidance. rules regarding affirmative defenses. defenses at the earliest opportunity shall constitute
waiver thereof. (Sec. 12 (b), Rule 8). Q: What are the actions that the court may
Rule 6, Sec. Rule 6, Sec. Sec. 12 (a),
2. Affirmative defenses under the second undertake after an order of default?
5(b) par. 1 5(b) par. 2 Rule 8
paragraph of Section 5 (b) of Rule 6, which Exception: the following affirmative defenses are A: The court, upon its own discretion may:
are: 1. Fraud; 1. Lack of 1. Lack of not deemed waived: 1. Proceed to render judgment; OR
a. That the court has no jurisdiction over 2. Statute of jurisdictio jurisdiction 1. Lack of jurisdiction over the subject 2. Require the plaintiff to present his
the subject matter; limitations; n over the over the matter; evidence ex parte according to judicial
b. That there is another action pending 3. Release; subject person of the 2. Litis pendentia; discretion. The reception of the evidence
between the same parties for the 4. Payment; matter; defendant 3. Res judicata may be done by the court or delegated to
same cause (i.e., litis pendentia); 5. Illegality; 2. Res 2. Improper 4. Prescription or Statute of limitations. (Sec. the clerk of court. (Sec. 3, Rule 9).
c. That the action is barred by prior 6. Statute of judicata; venue; 1, Rule 9).
judgment (i.e., res judicata). frauds; 3. Litis 3. Lack of A declaration of default is NOT an admission of the
7. Estoppel; pendentia capacity to NOTE: See also Sec. 3, Rule 17 on dismissal due truth or the validity of the plaintiff’s claims.
NOTE: Under the 2019 Amendments, the above 8. Former sue of the to fault of the plaintiff for: (Monarch Insurance v. CA, G.R. No. 92735, Jun.
affirmative defenses, including prescription, are recovery; plaintiff; 1. Failure to appear on the date of the 8, 2000)
also the grounds for a motion to dismiss under 9. Discharge in 4. Failure to presentation of his/her evidence in chief;
Section 12 (a) of Rule 15. bankruptcy; state a cause 2. Failure to prosecute his/her action for an Q: What are the remedies against an order of
and of action; unreasonable length of time; or default?
3. Affirmative defenses under Section 12 10. Any other 5. Non- A:
3. Failure to comply with the Rules or any
matter by compliance
(a), Rule 8, which are: order of the court. 1. Remedy after notice of order and before
way of with condition
a. That the court has no jurisdiction over judgment – File a motion under oath to set aside
confession precedent
the person of the defending party; and Q: When will a defendant be declared in the order of default and properly show:
b. That venue is improperly laid; avoidance default?
c. That the plaintiff has no legal capacity A: The following are the requisites before a a. The failure to answer was due to fraud,
to sue; Court may Resolved by Resolved by the defendant can be declared in default: accident, mistake, or excusable
d. That the pleading asserting the claim conduct a the court court motu propio 1. The court has validly acquired jurisdiction negligence (FAME); and
states no cause of action; and summary motu propio within 30 days over the person of the defending party,
e. That a condition precedent for filing hearing within when the from filing the either by service of summons or voluntary i. Fraud – the fraud in this case must be
the claim has not been complied with. 15 days from grounds answer. appearance; extrinsic, i.e., fraud which prevents the
filing the (including 2. The defending party failed to file the aggrieved party from having a trial or
answer and prescription) answer within the time allowed therefore; presenting his case to the court, or is
resolve the appear from 3. The claiming party must file a motion to used to procure the judgment without
fair submission of the controversy. 3. Remedy after judgment becomes final and Q: What are the cases when declaration of record. (Manchester Development Corporation vs.
(Villanueva v. Nite, G.R. No. 148211, executory – File a petition for relief from judgment default is not allowed? CA, GR no. 75919, 1987)
2006); under Rule 38. A:
ii. Accident - the accident in this case 1. Annulment of marriage; Exception: Notwithstanding the mandatory nature
must be something which ordinary 4. Grave abuse of discretion amounting to lack 2. Declaration of nullity of marriage; of the requirement of payment of appellate docket
prudence could not have guarded or excess of jurisdiction and no plain, speedy, 3. Legal Separation; (Sec. 3(e), Rule 9). fees, we also recognize that its strict application is
against and by reason of which the party and adequate remedy available for those 4. Special civil actions of certiorari, qualified by the following:
applying has probably been impaired in improperly declared in default – Petition for prohibition and mandamus where 1. Failure to pay those fees within the
his rights. (DE LEON, Appellate Certiorari under Rule 65 comment instead of an answer is required reglementary period allows only
Remedies, 2018, p. 20); to be filed (Sec. 6, Rule 65); and discretionary, not automatic, dismissal;
iii. Mistake – mistake, in this instance, NOTE: The remedies of the motion to set aside 5. Cases under Rules on Summary 2. Such power should be used by the court
refers to mistake of fact and not of law, order of default, motion for new trial, and petition Procedure (Sec. 19, Revised Rule on in conjunction with its exercise of sound
which ordinary prudence could not have for relief from judgment are mutually exclusive, not Summary Procedure, as amended); discretion in accordance with the tenets of
guarded against. (Viking Industrial alternative or cumulative. (Lui Enterprises, Inc. v. 6. Cases under Rules on Small Claims (Sec. justice and fair play, as well as with a great
Corp. v. Court of Appeals, G.R. No. Zuellig Pharma Corp., G.R. No. 193494, Mar. 12, 16, Revised Rules of Procedure for Small deal of circumspection in consideration of all
143794, 2004); 2014). Claims Cases, as amended). attendant circumstances.
iv. Excusable negligence - negligence to 7. Cases under the Rules on the Writ of (Heirs of Reinoso, Sr. v. Court of Appeals, G.R.
be "excusable" must also be one which Q: What are the requisites for a motion to set Amparo (Sec. 11, Rule on the Writ of No. 116121, Jul. 18, 2011)
ordinary diligence and prudence could aside order of default? Amparo); and
not have guarded against and by reason A: The defendant's motion to set aside order of 8. Cases under the Rules on the Writ of Q: What is the rule when a party pays
of which the rights of an aggrieved party default must satisfy the following conditions: Habeas Data (Sec. 13, Rules on the Writ insufficient docket fees?
have probably been impaired. The test 1. The defendant must challenge the default of Habeas Data). A: If the amount of docket fees paid is insufficient
of excusable negligence is whether a order before judgment by filing a motion considering the amount of the claim, the clerk of
party has acted with ordinary prudence under oath. Q: What is filing? court of the lower court involved or his duly
while transacting important business. 2. The defendant must have been prevented A: Filing is the act of submitting the pleading or authorized deputy has the responsibility of making
(Philippine Phosphate Fertilizer Corp. v. from filing his answer due to fraud, other paper to the court. (Sec 2, Rule 13). a deficiency assessment. The party filing the case
Commissioner of Internal Revenue, accident, mistake or excusable will be required to pay the deficiency, but
G.R. No. 141973, 2005); negligence; Q: What is service? jurisdiction is not automatically lost. (Rivera v. Del
3. The defendant must have a meritorious A: Service is the act of providing a party with a Rosario, G.R. No. 144934, Jan. 15, 2004).
NOTE: Extrinsic fraud, accident, defense. (Sec. 3 (b), Rule 9; Lui copy of the pleading or any other court
mistake, and excusable negligence — Enterprises, Inc. v. Zuellig Pharma Corp., submission. (Id.). It can also be made by the court. Q: When will the docket fees constitute a lien
relate to factors that are extraneous to a G.R. No. 193494, Mar. 12, 2014). (see Secs. 13 and 18, Rule 13). on the judgment?
defendant, that is, grounds that show 4. The motion to lift order of default must be A: Where the court in its final judgment awards a
that a defendant was prevented, by appended an affidavit showing the A party is not considered as having been served claim not alleged, or a relief different from, or more
reasons beyond his or her influence, invoked ground, and another, with the judgment merely because he heard the than that claimed in the pleading, the party
from timely filing an answer. (Spouses denominated affidavit of merit, setting judge dictating the said judgment in open court; it concerned shall pay the additional fees which shall
Manuel v. Ong, G.R. No. 205249, 2014). forth facts constituting the party's is necessary that he be served with a copy of the constitute a lien on the judgment in satisfaction of
meritorious defense or defenses. signed judgment that has been filed with the clerk said lien. The clerk of court shall assess and
b. The party declared in default must have a (Spouses Manuel v. Ong, G.R. No. in order that he may legally be considered as collect the corresponding fees. (Sec. 2, Rule 141).
meritorious defense (i.e. the motion to lift 205249, Oct. 15, 2014). having been served with the judgment. (Ago v.
order of default must be appended an Court of Appeals, G.R. No. L-17898, 1962) The above rule applies only to damages arising
affidavit of merit showing the invoked Q: What is the extent of relief granted to the after the filing of the complaint or similar pleading,
ground, and another, denominated plaintiff in case a judgement is rendered Q: What are the rules on the payment of docket for then it will not be possible for the claimant to
affidavit of merit, setting forth facts against the defendant declared in default? fees? specify nor speculate as to the amount thereof.
constituting the party's meritorious A: A judgment rendered against a party declared A: (GSIS v. Caballero, G.R. No. 158090, 2010).
defense or defenses.) (Sec. 3 (b), Rule 9; in default shall not: General Rule: The court requires that all
Spouses Manuel v. Ong, G.R. No. 1. Exceed the amount prayed for; complaints, petitions, answers, and similar But the general rule remains that the amount of
205249, Oct. 15, 2014) 2. Be different in kind from that prayed for; pleadings must specify the amount of damages any claim for damages, therefore, arising on or
3. Award unliquidated damages. being prayed for both in the body of the pleading before the filing of the complaint or any pleading
2. Remedy after judgment and before it (Sec. 3(d), Rule 9). and in the prayer, and said damages shall be should be specified and the corresponding docket
becomes final and executory – File a motion for considered in the assessment of the filing fees in fees be paid. (Ayala Corp. v. Madayag, G.R. No.
new trial under Rule 37 and/or appeal from the any case. Any pleading that fails to comply with 88421, Jan. 30, 1990).
judgment as being contrary to law or evidence this requirement shall not be accepted nor
(Lina v. CA, G.R. No. L-63397, 1985). admitted or shall otherwise be expunged from the
Q: What is the rule when plaintiff fails to pay Q: How is filing by registered mail done and served upon the lead counsel if one is
PLEADING PERIOD TO FILE RECKONED
the additional docket fees arising from the FROM when is it deemed made? designated, or upon any one of them if
amended or supplemental complaint? A: Filing by registered mail is made by sending the there is no designation of a lead
A: The failure to pay the docket fee corresponding discretion of pleading or other court submission to the court via counsel. (Sec. 2, Rule 13.)
to the increased claim for damages under the the court registered mail. It is required that the envelope
amended complaint does not divest the court of its shall be attached to the record of the case. (Sec. 3 Q: How are judgments, final orders,
jurisdiction. The unpaid docket fee should be (b), Rule 13). resolutions, or court-issued orders served?
considered a lien on the judgment. (PNOC A: Judgments, final orders, resolutions, or other
Shipping and Transport Corp. v. Court of Appeals, Answer to 20 days. Service of the The date of the mailing of motions, pleadings, court orders shall be served either:
G.R. No. 107518, Oct. 8, 1998). counterclaim counterclaim/ and other court submissions, and payments or 1. By personally service;
or cross- cross-claim. deposits, shall be deemed as the date of filing, 2. By registered mail;
Q: What are the periods for filing pleadings? claim payment, or deposit as shown by either: 3. By accredited courier, upon ex parte
A: 1. The post office stamp on the envelope; or motion of any party in the case courier at
Answer to 30 days, Service of the 2. The registry receipt. (Id.). his or her expense; or
PLEADING PERIOD TO FILE RECKONED third-party unless summons.
FROM 4. By publication, when a party summoned
complaint otherwise
specified by
Thus, the date of filing is determinable from the by publication has failed to appear in the
Answer 30 days, unless Service of the court. above two sources. If the date stamped on one is action, at the expense of the prevailing
otherwise summons earlier than the other, the former may be accepted party.
specified by the Reply 15 days. Service of the as the date of filing. This presupposes, however, (Sec. 13, Rule 13).
court. pleading that the envelope or registry receipt and the dates
responded to. appearing thereon are duly authenticated before Q: When is conventional service (i.e., personal
Answer of a 1. 30 days, if 1. Service of the tribunal where they are presented. service or registered mail) required?
defendant with agent, summons to Answer to 20 days, Notice of the (Government Service Insurance System v. A: The following orders, pleadings, and other
foreign officer, or the agent, supplemental unless order admitting National Labor Relations Commission, G.R. No. documents must be served or filed personally or
private resident officer or complaint otherwise fixed the 180045, Nov. 17, 2010). by registered mail when allowed:
juridical entity agent. resident agent; by the court. supplemental 1. Initiatory pleadings and initial responsive
or complaint. Q: What are the different modes of service? pleadings, such as an answer;
2. 60 days if A: Pleadings, motions, notices, orders, judgments, 2. Subpoenae, protection orders, and writs;
summons 2. Receipt of (See Secs. 1 – 11, Rule 11)
and other court submissions shall be served: 3. Appendices and exhibits to motions, or
was served the foreign
1. By personal service; other documents that are not readily
to a entity, if Q: What are the modes of filing pleadings?
2. By registered mail; amenable to electronic scanning may, at
government summon is A: Filing of pleadings and other court submissions
official served to the 3. By substituted service; (Sec. 8, Rule 13). the option of the party filing such, be
shall be made by:
designated government 4. By accredited courier; filed and served conventionally; and
1. By personal filing;
by law to official 5. By electronic mail, facsimile transmission, 4. Sealed and confidential documents or
2. By registered mail;
receive the designated by or other electronic means; and records. (Sec. 14, Rule 13).
3. By accredited courier;
same. law to receive 6. By other means as provided for in
4. By electronic mail or other electronic
summons. international conventions where the The above submissions may not be filed
means, as authorized by the court in
Philippines is a party. (Sec. 5, Rule 13). electronically, unless with the express
places where it is electronically equipped.
Answer if Time specified Notice of the permission of the court. (Id.).
(Sec. 3, Rule 13).
summons are by the order of extraterritorial Q: To whom must service be made?
served the court but service/ A: Q: How is an amendment made?
through must not be publication of Q: How is personal filing done and when is it
1. If the party appears without a counsel – A: Pleadings may be amended by:
extraterritorial less than 60 summons. deemed made?
service is to be made upon such party; 1. Adding or striking out an allegation of a
service or days. A: Personal filing is made by submitting personally
2. If the party appears by counsel - service party;
publication the original thereof, plainly indicated as such, to
upon such party shall be made upon his or 2. Adding or striking out the name of a party;
the court. (Sec. 3 (a), Rule 13).
her counsel, unless service upon the 3. Correcting a mistake in the name of a
Answer to 30 days. Service of the
amended amended
party and the party's counsel is ordered party;
It is deemed filed based on the clerk of court’s
complaint as complaint. by the court; 4. Correcting a mistaken or inadequate
endorsement on the pleading of the date and
a matter of 3. If one counsel appears for several parties allegation;
hour of filing. (Sec. 3, Rule 13).
right – same as above, but such counsel shall 5. Correcting a mistaken or inadequate
only be entitled to one copy of any paper description in any other respect. (Sec. 1,
When a pleading is sent through private courier,
Answer to 15 days. Notice of the served by the opposite side; Rule 10).
the date of actual receipt of the court is considered
amended order admitting 4. If several counsels appear for one party -
as the date of filing. (Heirs of Miranda v. Miranda,
complaint as the amended such party shall be entitled to only one Q: When is amendment considered as a matter
GR No. 179638, Jul. 8, 2013).
a matter of complaint. copy of any pleading or paper to be of right?
A: An amendment is considered as a matter of Q: When is amendment needed to conform to G. SUMMONS all. Here the property itself is in fact the sole thing
right if it is made at any time before a responsive or authorize presentation of evidence which is impleaded and is the responsible object
pleading is served or, in the case of a reply, at applicable? Q: What is the nature and purpose of which is the subject of the exercise of judicial
any time within 10 calendar days after it is A: Under the 2019 Amendments, no amendment summons? power. Upon acquisition of jurisdiction over the
served. (Sec. 2, Rule 10). of such pleadings is necessary to conform them A: Summons is a writ by which the defendant is property, the court can validly hear the case. (El
with the evidence. (Sec 5, Rule 10). notified of the action brought against him/her. Banco Español-Filipino v. Palanca, G.R. No. L-
In amendments as a matter of right, there is no (Cano-Gutierrez v. Gutierrez, G.R. No. 138584, 11390, Mar. 26, 1918).
need to file a motion for leave to amend the When issues not raised by the pleadings are tried 2000) Its purpose is two-fold: to acquire
pleading. But a party may amend his pleading with the express or implied consent of the parties, jurisdiction over the person of the defendant Q: What is the duty of the defendant’s counsel
ONCE as a matter of right. Subsequent they shall be treated in all respects as if they had and to notify the defendant that an action has who makes a special appearance to question
amendments must be WITH LEAVE of court. (Id.). been raised in the pleadings. (Id.) been commenced so that he may be given an the validity of a summons which was
opportunity to be heard on the claim against him. improperly served?
A motion to dismiss is not the responsive pleading Q: Differentiate amended pleading from a (RIANO, 2019, p. 391). A: Under the 2019 Amendments, where the
contemplated by the Rule. (Bautista v. Maya-Maya supplemental pleading. summons is improperly served and a lawyer
Cottages Inc., G.R. No. 148361, Nov. 29, 2005). A: Q: What is the nature and purpose of summons makes a special appearance on behalf of the
in relation to actions in personam, in rem, and defendant to, among others, question the validity
AMENDED SUPPLEMENTAL
Pleader has a right to amend his complaint before quasi in rem of service of summons, the counsel shall be
PLEADING PLEADING
a responsive pleading is served even if it is to A: In actions in personam, that is, one brought deputized by the court to serve summons on his or
correct a jurisdictional defect. (RIANO, 2019, p. Refers to facts existing Refers to facts arising against a person on the basis of her personal her client (Sec. 13, Rule 14).
377). at the time of the after the filing of the liability, jurisdiction over the person of the
commencement of the original pleading. defendant is necessary for the court to validly Q: What is the effect of the defendant’s
Q: When is leave of court required in action. try and decide the case. Service of summons voluntary appearance in an action?
amendment? upon the defendants is essential in order for the A: The defendant's voluntary appearance in the
A: Leave of court is required for an amendment Takes the place of the Taken together with court to acquire jurisdiction over their persons. action shall be equivalent to service of summons,
when: original pleading. the original pleading. (Velayo-Fong v. Spouses Velayo, G.R. No. and filing a motion to dismiss constitutes voluntary
1. The amendment is made after service of a 155488, Dec. 6, 2006). appearance, except on the ground of lack of
responsive pleading; AND jurisdiction over the person of the defendant.
Can be made as a Always with leave of
2. It involves a substantial amendment. (Sec. An action in rem is an action against the thing itself (Sec. 23, Rule 14).
matter of right when no court.
3, Rule 10). instead of against the person. Meanwhile, an
responsive pleading
action quasi in rem is where an individual is named Q: Who may validly serve summons?
has yet been filed.
Q: What are the requisites for an amendment as defendant and the purpose of the proceeding is A: The summons may be served by:
by leave of court? When an amended A supplemental to subject his interest therein to the obligation or 1. Sheriff;
A: pleading is filed, a new pleading does not loan burdening the property. This is so inasmuch 2. Sheriff’s deputy; or
1. There must be a motion filed in court; copy of the entire require the filing of a as, in in rem and quasi in rem actions, jurisdiction 3. Other proper court officers;
2. Notice to the adverse party; pleading must be filed. new copy of the entire over the person of the defendant is not a 4. Plaintiff, upon authorization of the court in
3. Opportunity to be heard afforded to the pleading. prerequisite to confer jurisdiction on the court cases where:
adverse party; and provided that the court acquires jurisdiction a. Failure of the above to serve the
4. Motion must not be intended: An answer must be The filing of an over the res. (Banco Do Brasil v. Court of summons, in which case it shall
a. To cause delay; filed by the defendant; answer is not Appeals, G.R. Nos. 121576-78, Jun. 16, 2000). be served together with the
b. To confer jurisdiction to the court; but an answer earlier mandatory. sheriff;
or filed may serve as the Jurisdiction over the res is acquired either (a) by b. Summons is to be served outside
c. To cure a pleading which stated answer to the amended the seizure of the property under legal process, the court’s judicial region;
no cause of action from the pleading. whereby it is brought into actual custody of the law; (Rule 14, Sec. 3);
beginning. (Sec. 3, Rule 10). or (b) as a result of the institution of legal 5. Counsel of the defendant, whereby he
(See Secs. 1 – 8, Rule 10) proceedings, in which the power of the court is makes a special appearance to contest
Q: What is a formal amendment? recognized and made effective. (Alba v. Court of the improper service of summons and was
A: A defect in the designation of the parties and Q: What happens when the supplemental Appeals, G.R. No. 164041, Jul. 29, 2005). thereafter deputized by the court to serve
other clearly CLERICAL or TYPOGRAPHICAL complaint introduces a new cause of action? summons. (Sec. 13, Rule 14).
errors may be summarily corrected by the court at A: When the cause of action stated in the Q: How can the court hear an action in
ANY stage of the action, at its initiative or on supplemental complaint is different from the personam case without acquiring jurisdiction Q: How long is the validity of summons?
motion, provided so prejudice is caused thereby to causes of action mentioned in the original over the person of the defendant? A: Under the 2019 Amendments, summons shall
the adverse party (Sec. 4, Rule 10). complaint, the court should not admit the A: If the defendant is a non-resident, who remains remain valid until duly served, unless it is recalled
supplemental complaint; the parties cannot beyond the range of the personal process of the by the court. Hence, there is no need to issue an
introduce new and independent causes of action. court and he refuses to come in voluntarily, the alias summons upon the failure of the sheriff to
(Leobera v. CA; G.R. No. 80001; Feb. 27, 1989). court never acquires jurisdiction over the person at serve the summons. (Sec. 4, Rule 14).
Note: upon motion by the plaintiff, the court may A: Substituted service is effected by: Note that in extraterritorial service, jurisdiction over H. MOTIONS
issue an alias summons in case of loss or 1. Leaving copies of the summons at the the person of the defendant is not acquired.
destruction of the summons. (Id.). defendant’s residence to a person: Nevertheless, summons must still be served to Q: Differentiate a motion from a pleading.
a. At least 18 years of age; satisfy the requirements of due process. A:
Q: What is substituted service? b. With sufficient discretion; and (Gomez v. CA, G.R. No. 127692, Mar. 10, 2004).
A: Substituted service can only be made if c. Must be residing therein. PLEADING MOTION
personal service CANNOT be made within a 2. By leaving copies of the summons at the Q: How is extraterritorial service of summons
reasonable time for justifiable causes. (Rule 13, defendant's office or regular place of effected? Written statements of An application, other
Sec. 8) business with some competent person. A: Extraterritorial service may be effected by: the respective claims than a pleading, made
A competent person includes, but is not 1. Personal service; and defenses of the to a court or judge for
Q: How is personal service done? limited to, one who customarily receives 2. As provided in international conventions parties submitted to the purpose of
A: Personal service of summons is made by: correspondences for the defendant; where the Philippines is a party; the court for obtaining a rule or
1. Handing a copy thereof to the defendant 3. If the server is refused entry upon making 3. By publication in a newspaper of general appropriate order directing some
in person and informing the defendant his authority or purpose known, by circulation in places and time as the court judgment. (Sec. 1, act to be done in favor
that he or she is being served; or, leaving copies of the summons to the may order and a copy of the summons Rule 6). of the applicant. (Sec.
2. If he or she refuses to receive and sign following: shall be sent by registered mail to the 1, Rule 15; Donton v.
for it, by leaving the summons within a. Any officer of the homeowner’s defendant’s last known address; and Loria).
the view and in the presence of the association or condominium 4. Any other manner as the court may deem
defendant (tendering the summons). corporation; sufficient. (Sec. 17, Rule 14). May be initiatory (see Cannot be initiatory as
(Sec. 6, Rule 14). b. Chief security officer in charge of Sec. 2, Rule 6). motions are made in a
the community or building where Example: by electronic mail or messaging, so long case already filed in
Note: Personal service of summons is technically the defendant may be found. as the court determines it as sufficient. (see Sec. court (see Rimbunan
called “service in person on defendant”. Personal 4. If allowed by the court, by sending an 6 (d) in relation to Sec. 17, Rule 14) Hijau Group v. Oriental
service actually refers to personal service of court electronic mail to the defendant. (Sec. 6, Wood Processing G.R.
submissions under Rule 13, Sec. 6. (See Sec. 5, Rule 14). Q: How is service of summons made on No. 152228, Sep. 23,
Rule 14; RIANO, 2019, p. 410) domestic private juridical entities? 2005).
Q: What are the requirements for extra- A: Service of summons upon a domestic private
Must be written (Sec. May be written or oral
Q: When can substituted service of summons territorial service of summons? juridical entity may be made in the following
1, Rule 6). when made in open
be made? A: Extraterritorial service of summons is allowed hierarchical order:
court or in the course
A: Substituted service can be made if the when: 1. To the juridical entity’s president,
of a hearing or a trial
defendant cannot be served personally for: 1. The defendant is a non-resident; managing partner, general manager,
(Sec. 2, Rule 15).
1. At least 3 attempts; and 2. He or she is not found in the corporate secretary, treasurer, or in-
2. On 2 different dates. (Sec. 6, Rule 14). Philippines; house counsel, wherever they may be Must be filed before May be filed after
3. The action is either in rem or quasi in rem, found; judgment because it judgment (e.g., motion
There is failure of service after unsuccessful which are: is subject to for new trial or
attempts to personally serve the summons on the a. That which affects the personal Note: This list is exclusive. (Paramount adjudication. (Sec. 1, reconsideration, see
defendant in his or her address indicated in the status of the plaintiff; Insurance Corp. v. A.C. Ordoñez Corporation, Rule 6). Rule 37).
complaint. (Sec. 4, Rule 14). The service of b. That which relates to or the G.R. No. 175109, Aug. 6, 2003)
summons must be completed within 30 calendar subject matter of which is
days from issuance of summons by the clerk of property within the Philippines, 2. In the absence or unavailability of the Q: What is the omnibus motion rule?
court and receipt thereof by the sheriff or process in which the defendant claims a foregoing, to their respective A: The omnibus motion rule is a procedural
server, or person authorized by the court. (Sec. 20, lien or interest, actual or secretaries; principle which generally provides that every
Rule 14). contingent; 3. If service cannot be made to the foregoing motion that attacks a pleading, judgment, order or
c. That in which the relief demanded persons or their secretaries, to the person proceeding shall include ALL objections THEN
Note: The Supreme Court’s ruling in Manotoc v. consists, wholly or in part, in who customarily receives the AVAILABLE and all objections not so included
CA (G.R. No. 130974, Aug. 16, 2006) CA as excluding the defendant from correspondence for the defendant at shall be deemed WAIVED. (Sec. 1, Rule 9; Sec. 9,
regards the number of unsuccessful attempts of an interest in property located his principal office; and Rule 15).
personal service of summons before resorting to in the Philippines; or 4. Should there be refusal on the above-
substituted service, as well as the specific details d. That in which the defendant mentioned person to receive the Q: What are the exceptions to the omnibus
required in the return, are now codified by the 2019 property has been attached in the summons despite at least 3 attempts on 2 motion rule?
Amendments under Secs. 6 and 20 of Rule 14. Philippines; and different dates, service may be made A: The following grounds, although not raised, are
4. Leave of court is secured. (Sec. 17, Rule electronically if allowed by the court. not deemed waived:
Q: How is substituted service of summons 14). (Sec. 12, Rule 14). 1. Lack of jurisdiction over subject matter;
made? 2. Litis pendentia;
3. Res judicata; and
4. Prescription. (Sec. 1, Rule 9)
Q: What are litigious motions? 6. Motion for postponement intended for delay, TYPE OF PERIOD TO FILE TYPE OF PERIOD TO FILE
A: Litigated (Litigious) motions are those which the save for certain exceptions. MOTION MOTION
Rules call for the service of copy thereof upon the (Sec. 12, Rule 15).
record on appeal) from the Motion to After the period to file an
opposing party and which may be set for hearing.
(Sec. 5, Rule 15; Tabujara III v. Gonzales-Asdala, Q: What are the grounds that may be raised in notice of the judgment or final declare answer has lapsed and the
A.M. No. RTJ-08-2126, Jan. 20, 2009). a motion to dismiss? order. (Sec. 1, Rule 37 in defendant in defendant fails to file his or her
A: A motion to dismiss can only be filed based on relation to Sec. 2, Rule 40 & default answer. (See Sec. 3 Rule 9)
The following are litigious motions: any of the following grounds: Sec. 3, Rule 41)
NOTE: A defendant has 30
1. Motion for bill of particulars; 1. Lack of jurisdiction of the court over the
2. Motion to dismiss; subject matter; In the CA: Within fifteen (15) days from the service of
3. Motion for new trial; 2. Litis pendentia; days from the notice of final summons to file his or her
judgment or resolution (Sec. 1, answer. (See Sec. 1, Rule 11)
4. Motion for reconsideration; 3. Res judicata; or
5. Motion for execution pending appeal; 4. Prescription. (Sec. 12 (a), Rule 15). Rule 52) Motion for After the summons was lost or
6. Motion to amend after a responsive pleading Motion for While the trial court has issuance of an destroyed. (Sec. 4, Rule 14)
has been filed; Q: What are the periods for filing motions? execution jurisdiction over the case and alias summons
7. Motion to cancel statutory lien; A: pending appeal is in possession of either the
8. Motion for an order to break in or for a writ of TYPE OF PERIOD TO FILE original record or the record on Motion for Before end of period to file
demolition; MOTION appeal (Sec. 2, Rule 39) extension to file answer. (See Sec. 11, Rule 11
9. Motion for intervention; Motion to Upon leave of court. (See Sec. answer in relation to Sec. 1, Rule 11).
Motion for bill Filed before responding to a
10. Motion for judgment on the pleadings; amend after a 3, Rule 10)
11. Motion for summary judgment; of particulars pleading. responsive
Motion for After the expiration of the
12. Demurrer to evidence; pleading has
But if the pleading is a reply, it been filed issuance of writ period to appeal from a
13. Motion to declare defendant in default; and
is filed 10 days from the of execution judgment or order that
14. Other similar motions. (Sec. 5 (a), Rule 15). Motion for At any time before rendition of
service of reply. (Sec. 1, Rule disposes of the action or
12) intervention judgment by the trial court. proceeding and no appeal
Q: What are non-litigious motions? (Sec. 2, Rule 19) therefrom has been duly
A: Non-litigious motions are motions which the
Motion to At any time during the course perfected. (Sec. 1, Rule 39).
court may act upon without prejudicing the rights Motion for When it appears that an
dismiss of the proceedings.
of adverse. (Sec. 4, Rule 15). judgment on answer fails to tender an NOTE: It must also be made
NOTE: the grounds for a the pleadings issue, or otherwise admits the within 5 years from date of
The following are non-litigious motions: motion to dismiss are not material allegations of the entry of final judgment (Sec. 6,
1. Motion for the issuance of an alias summons; covered by the Omnibus adverse party's pleading. Rule 39)
2. Motion for extension to file answer; Motion Rule. (see Sec. 1, Rule (Sec. 1, Rule 34)
3. Motion for postponement; 9 in relation to Sec. 9, Rule 15) Motion for For claimant: At any time after Q: When can a motion to suspend proceedings
4. Motion for the issuance of a writ of execution; summary the pleading in answer has be filed?
5. Motion for the issuance of an alias writ of Motion for new In the MTC/RTC: Within the
trial period for taking an appeal, judgment been served. (Sec. 1, Rule 35) A: Under the 2019 Amendments, a motion to
execution; suspend proceedings cannot be filed unless
6. Motion for the issuance of a writ of possession; i.e., within 15 days (via notice
of appeal) or 30 days (via For defendant: At any time supported by a temporary restraining order or an
7. Motion for the issuance of an order directing during the course of the injunction coming from a higher court. (Sec. 12 (d),
the sheriff to execute the final certificate of record on appeal) from the
notice of the judgment or final proceedings. (Sec. 2, Rule 35) Rule 15).
sale; and
8. Other similar motions. (Id.). order. (Sec. 1, Rule 37 in
relation to Sec. 2, Rule 40 & NOTE: The phrase "anytime Q: When can a motion for extension to file
Sec. 3, Rule 41) after the pleading in answer pleadings or other submissions be filed?
Q: What motions are prohibited? thereto has been served" in A: A motion for extension can only be filed for an
A: The following are prohibited motions: Section 1, Rule 35 means "at answer. A defendant may, for meritorious reasons,
1. Motion to dismiss, except for certain grounds; In the CA: At any time after the
appeal from the lower court any stage of the litigation." be granted an additional period of not more than
2. Motion to hear affirmative defenses; (Republic v. Sandiganbayan, thirty (30) calendar days to file an answer and is
3. Motion for reconsideration of the court's action has been perfected and before
the Court of Appeals loses G.R. No. 152154, 2003). only allowed to file one (1) motion for extension
on the affirmative defenses; of time to file an answer. (Sec. 11, Rule 11)
4. Motion to suspend proceedings without a jurisdiction over the case Demurrer of After the plaintiff has
temporary restraining order or injunction (Sec. 1, Rule 53) evidence completed the presentation of
Motion for In the MTC/RTC: Within the his evidence. (Sec. 1, Rule 33) A motion for extension to file any pleading, other
issued by a higher court; than an answer, is prohibited and considered a
5. Motion for extension of time to file pleadings, reconsideration period for taking an appeal,
i.e., within 15 days (via notice mere scrap of paper. The court, however, may
affidavits or any other papers, except a motion allow any other pleading to be filed after the time
for extension to file an answer; of appeal) or 30 days (via
fixed by these Rules. (Id.)
Q: What is a motion for bill of particulars? 3. Does not comply with the Rules of A: A complaint may be dismissed by the plaintiff Q: When can a dismissal of a counterclaim,
A: It is a motion which seeks to clarify matters in Court or any order of the court. by filing a notice of dismissal at any time before: cross-claim, or third-party claim by notice be
the complaint which are vague, ambiguous, or not (Sec. 3, Rule 17). 1. Service of the answer; or made?
averred with sufficient definiteness. 2. Motion for summary judgment. A: A voluntary dismissal of the counterclaim,
Note: the court may otherwise provide that the (Sec. 1, Rule 17). cross-claim, or third-party claim by notice of the
It applies to ANY PLEADING which in the dismissal shall be without prejudice. It is only when claimant can be made before:
perception of the movant contains ambiguous the trial court's order is either silent on the matter, After the notice has been filed, the court shall issue 1. Service of a responsive pleading
allegations. (Sec. 1, Rule 12; Virata vs. or states otherwise, that the dismissal will be an order confirming the dismissal. (Id.). thereto;
Sandiganbayan, G.R. No. 106527, 1993) considered an adjudication on the merits. (Ching 2. Service of a motion for summary
v. Cheng, G.R. No. 175507, Oct. 8, 2014). Note: Complaint may be dismissed by notice judgment; or
Q: When can a bill of particulars be applied under this Rule if motion to dismiss (and not 3. In the absence of a responsive pleading
for? Q: When will a dismissal through a motion to answer) is filed by defendant. and motion for summary judgment, before
A: A motion for a bill of particulars must be filed dismiss or dismissal based on an affirmative the introduction of evidence. (Sec 4.
BEFORE responding to a pleading. (Sec. 1, Rule defense be considered as with prejudice? Note: In case of a class suit, dismissal of the Rule 17).
12) A: Subject to the right of appeal, an order granting action requires approval of the court. (Sec. 2, Rule
a motion to dismiss or an affirmative defense 17). Note: The provisions under Rule 17 apply to the
If the pleading is a reply, the motion must be filed based on the following shall bar the refiling of the dismissal of any counterclaim, cross-claim or third-
within 10 calendar days from service thereof. (Id.). same action: Q: When will a dismissal by notice be with party complaint. (Sec 4. Rule 17).
1. Res judicata; prejudice/without prejudice?
Q: What is the effect of the filing of a bill of 2. Prescription; or A: Dismissal by notice of the plaintiff is without J. PRE-TRIAL
particulars on the period to file a responsive 3. The claim or demand of the plaintiff has been: prejudice to the refiling of the same action,
pleading? a. Paid; except: Q: What are the effects when a party and his or
A: Filing of bill of particulars stays the period to file b. Waived; 1. The notice expressly provides that the her counsel fails to appear during pre-trial?
a responsive pleading. (Sec. 5, Rule 12). c. Abandoned; dismissal is with prejudice; or A: If the plaintiff AND counsel failed to appear
d. Extinguished; or 2. The dismissal is covered by the two- without valid cause when so required:
Movant may file his responsive pleading within the e. Unenforceable under the Statute of dismissal rule. (Sec. 1, Rule 17). 1. The case shall be dismissed with
period to which he is entitled (balance of Frauds. (Sec. 13, Rule 15). prejudice unless otherwise ordered by the
reglementary period) at the time the bill of Q: What is the two-dismissal rule? court (Sec. 5, Rule 18); OR
particulars is filed, which shall NOT be less than Q: What are other examples of dismissals with A: The two-dismissal rule provides that the 2. The party shall be deemed to waive any
FIVE (5) DAYS in any event AFTER: prejudice? dismissal by notice operates as an adjudication of objections to the faithfulness of the
1. Service of the bill of particulars upon him; A: The following dismissal shall likewise bar the the merits (i.e., with prejudice) when: reproductions marked, or their
or refiling of the same action: merits when: genuineness and due execution. (Sec. 2,
2. Notice of the denial of his motion. (Id.). 1. Willful and deliberate forum shopping by the 1. Filed by the same plaintiff; Rule 18).
party or his or her counsel (Sec. 5, Rule 7); 2. The same plaintiff has once dismissed an
I. DISMISSAL OF ACTIONS 2. Plaintiff’s misrepresentation that he or she has action in a competent court by notice; If the defendant AND counsel failed to appear
served summons to the defendant, in cases 3. The second action is based on or without valid cause when so required:
Q: What is a dismissal with prejudice? where plaintiff is authorized by the court to including the same claim as the first 1. The plaintiff will be allowed to present
A: A dismissal with prejudice bars the refiling of serve summons. (Sec. 3, Rule 14); action. evidence ex-parte within ten (10) calendar
the complaint and, when the law permits, is subject 3. Failure of the plaintiff or counsel to appear, 4. The second action was also dismissed by days from termination of pre-trial, and the
to the right of appeal. (Heirs of Sadhwani v. without valid cause, during the pre-trial, court- mere notice of the plaintiff. (Sec. 1, Rule court shall render judgment on the basis
Sadhwani, G.R. No. 217365, Aug. 14, 2019). annexed mediation, and judicial dispute 17). of the evidence offered. (Sec. 5, Rule 18);
resolution (Secs. 3 and 5, Rule 18); AND
Q: What are the instances when a complaint 4. Failure of the party to file his or her pre-trial Q: When is dismissal by motion required? 2. The party shall be deemed to waive any
may be dismissed due to the fault of the brief (Sec. 5 and 6, Rule 18); A: If an answer or a motion for summary judgment objections to the faithfulness of the
plaintiff? 5. Dismissal by notice of the plaintiff where such has already been served, a complaint shall be reproductions marked, or their
A: The complaint may be dismissed upon motion notice provides that the dismissal is with dismissed only upon motion of the plaintiff and by genuineness and due execution. (Sec. 2,
of the defendant or upon the court's own motion prejudice (Sec. 1, Rule 17); approval of the court, based on such terms and Rule 18).
and shall have the effect of an adjudication on 6. Dismissal by notice of the plaintiff covered by conditions as the it deems proper. (Sec. 2, Rule
the merits, unless otherwise declared by the the two-dismissal rule (Id.); 17). Q: What is the effect of failure to file a pre-trial
court, if for no justifiable cause the plaintiff: 7. Dismissal by motion of the plaintiff and the brief?
1. Fails to appear on the date of the court orders that it is with prejudice. (Sec. 2, The dismissal by motion of the plaintiff is without A: Failure to file the pre-trial brief shall have the
presentation of his or her evidence in Rule 17). prejudice to the refiling of the same, unless the same effects as failure to appear at the pre-trial.
chief on the complaint; order of dismissal specifies that it is with prejudice. (Sec. 6, Rule 18).
2. Fails to prosecute his or her action for an Q: When is dismissal of a complaint by notice (Sec. 2, Rule 17).
unreasonable length of time; or of the plaintiff allowed?
K. INTERVENTION 3. Interrogatories to parties (Rule 25); Q: What are written interrogatories to adverse A: There is an implied admission if the party to
4. Admission by adverse party (Rule 26); parties? whom the request is made does not file and serve
See discussions on complaint-in-intervention 5. Production or inspection of documents or A: Its purpose is to elicit material and relevant a sworn statement either:
under Pleadings (Heading F). things (Rule 27); facts from any adverse party, which may amount 1. Denying specifically the matters of which
6. Physical and mental examination of to admission. (Sec. 1, Rule 25). an admission is requested; or
L. SUBPOENA persons (Rule 28); 2. Setting forth the reasons why he or she
Q: How are written interrogatories made? cannot truthfully admit or deny those
Q: When can subpoena duces tecum be Q: What is a deposition? A: Upon ex parte motion, any party desiring to matters.
quashed? A: A deposition is the testimony of a witness taken elicit material and relevant facts from any adverse The sworn statement must be filed and served
A: A subpoena duces tecum may be quashed upon oral question or written interrogatories, not in party shall file and serve, upon the latter, written within the period designated in the request for
upon motion promptly made at or before the time open court, but in pursuance of a commission to interrogatories. (Sec. 1, Rule 25). admission but shall not be less than fifteen (15)
specified therein: take testimony issued by a court, or under a calendar days after service of the request. (Sec. 2,
1. If it is unreasonable and oppressive general law or court rule on the subject, and NOTE: The 2019 Amendments now explicitly Rule 26).
2. The relevancy of the books, documents, reduced to writing and duly authenticated, and provide that written interrogatories shall be made
or things does not appear intended to be used in preparation and upon the upon ex parte motion. (Id.) Note: A party should not be compelled to admit
3. If the person in whose behalf the trial of a civil or criminal prosecution. (People vs. matters of fact already admitted by his pleading
subpoena is issued fails to advance the Webb, G.R. No. 176389, 1999). Unless thereafter allowed by the court for good and to make a second denial of those already
reasonable cost of the production thereof cause shown and to prevent a failure of justice, a denied in his answer to the complaint. (Po v. CA,
4. That the witnesses’ fees and kilometrage Q: From whom and when are depositions party not served with written interrogatories may 164 SCRA 668, 670 (1988).
allowed by the Rules were not tendered taken? not be compelled by the adverse party to give
when the subpoena was served (Sec. 4, A: For depositions pending an action or appeal, testimony in open court, or to give a deposition Q: What is production or inspection of
Rule 21) the testimony of any person, whether a party or pending appeal. (Sps. Afulugencia v. Metrobank, documents or things?
not, may be taken by deposition upon ex parte G.R. No. 185145, 2014). A: Upon motion of any party showing good
Q: When may subpoena ad testificandum be motion of a party. For persons confined in prison, cause therefor, the court in which an action is
quashed? their depositions may be taken only by leave and Q: Differentiate written interrogatories to pending may:
A: under such terms of the court. (Sec. 1, Rule 23). adverse party from deposition by written 1. Order any party to produce and permit the
1. It is shown that the witness is not bound interrogatories. inspection and copying or photographing,
thereby NOTE: The 2019 Amendments deleted the phrase A: by or on behalf of the moving party, of any
2. The witness fees and kilometrage allowed “By leave of court after jurisdiction has been WRITTEN DEPOSITION BY designated documents, papers, books,
by the Rules were not tendered when the obtained over any defendant or over property accounts, letters, photographs,
INTERROGATORIES WRITTEN
subpoena was served (Sec. 4, Rule 21). which is the subject of the action, or without such TO ADVERSE INTERROGATORIES objects or tangible things, not
leave after an answer has been served…” Thus, PARTIES privileged, which constitute or contain
M. COMPUTATION OF TIME the requirement of leave of court is now replaced evidence material to any matter
with an ex parte motion. (Id.) Purpose is to elicit facts Purpose is the same involved in the action and which are in
Q: What is the correct rule on the computation from any adverse party. as other types of his possession, custody or control, or
of time according to A.M. 00-2-14-SC? For depositions before action (also known as The answers may depositions. 2. Order any party to permit entry upon
A: When the due date falls on a Saturday, Sunday, deposition in perpetuam rei memoriam), the constitute judicial designated land or other property in his
or legal holiday, in which case, the filing of the said testimonies of the following may be taken by admissions. possession or control for the purpose of
pleading on the next working days is deemed on deposition: inspecting, measuring, surveying, or
time. Any extension of time to file the required 1. Any person who wants to perpetuate Directed to an adverse Directed to any photographing the property or any
pleading should be counted from the expiration of his/her own testimony; or party. person, including the designated relevant object or operation
the period regardless of the fact that said due date 2. Any person who wants to perpetuate the adverse party. thereon. (Rule 27, Sec. 1).
is a Saturday, Sunday, or legal holiday (Reinier testimony of another person.
Written interrogatories Written interrogatories
Pacific International vs. Guevarra, G.R. No. Such person may perpetuate his/her testimony or The order shall specify the time, place and manner
are served to the are served to the
157020, 2013). that of another by filing a verified petition in the of making the inspection and taking copies and
adverse party. officer who shall take
court of the place of the residence of any expected photographs, and may prescribe such terms and
the deposition.
N. MODES OF DISCOVERY adverse party. (Sec. 1, Rule 24) conditions as are just. (Id.)
Interrogatories are Officer shall take the
Q: What are the modes of discovery under the Q: What are depositions by written answered fully in oral responses of the Q: When can a physical and mental
Rules of Court? interrogatories? writing. deponent to the examination of a person be ordered?
A: The following are the modes of discovery under A: These are depositions that are conducted written interrogatories. A: When the mental or physical condition of a
the Rules of Court: through written questions rather than through oral party is in controversy, the court, UPON MOTION
examination. (Sec. 1, Rule 23). (RIANO, 2019, p.492). FOR GOOD CAUSE SHOWN, may order the party
1. Depositions pending action (Rule 23);
2. Depositions before action or pending to submit to a physical or mental examination by a
Q: When can there be an implied admission by physician.
appeal (Rule 24); an adverse party?
The party examined MAY request the party Q: What is the remedy in case a party wants to
CIVIL CASE CRIMINAL CASE
Q. JUDGMENTS AND FINAL ORDERS
causing the examination to be made to deliver to contest the denial of a demurrer to evidence?
him a copy of a detailed report of the examining A: In case of the denial of the demurrer and the Q: What are the requisites of a valid
physician (Secs. 1-3, Rule 28). case was decided against the defendant, the judgement?
based on double
remedy is to appeal from the judgment raising as A: The requisites of a valid judgment are:
jeopardy.
O. TRIAL error the denial of the demurrer. (Sec. 2, Rule 33). 1. In writing;
If plaintiff appeals and Judgment is NOT 2. Personally and directly prepared by the
Q: What are the grounds for the postponement Note: Under the 2019 Amendments, the order the judgment is appealable by reason judge;
of trial? denying the demurrer to evidence shall not be: reversed, the of the double jeopardy 3. State clearly and distinctly the facts and
A: 1. Subject of an appeal; or appellate court will rule. the law on which it is based;
1. Illness of a party or counsel, provided: 2. Petition for certiorari, prohibition, or decide the case on 4. Signed by the judge;
a. An affidavit or sworn certification mandamus before judgment. (Id.). the basis of plaintiff’s 5. Filed with the clerk of court. (Sec. 1, Rule
is presented which shows that the evidence and the 36).
presence of such party or counsel Q: What is the effect if a demurrer of evidence defendant loses his
at the trial is indispensable; and is granted? right to present Q: When can a judgment after pre-trial be
b. The character of the illness is A: The court, upon granting the demurrer, shall evidence. made?
such as to render the non- dismiss the case. (Sec. 1, Rule 33). A dismissal on A: The court shall motu proprio include in the pre-
attendance excusable (Sec. 3, the basis of a demurrer to evidence is similar to a If court denies If court denies trial order that the case be submitted for
Rule 30); judgment; it is a final order ruling on the merits of demurrer, defendant demurrer, either of the summary judgment or judgment on the
2. Other physical inability of the witness to a case. (Republic v. De Borja, G.R. No. 187448, will present his following will happen: pleadings, without need of position papers or
appear or testify Jan. 9, 2017). evidence memoranda, should there/it be:
3. Acts of God; or 1. If demurrer was 1. No more controverted facts;
4. Force majeure. (see Sec. 12 (f), Rule 15). Q: What is the effect if upon appeal, the grant WITH express leave of 2. No more genuine issue as to any material
of a demurrer is reversed? court, accused may fact;
Q: What is the effect of parties agreeing to A: If on appeal, the order granting the motion for present evidence; 3. Absence of an issue; or
submit the case for judgment based on the demurrer is reversed, the defendant loses his right 4. That the answer fails to tender an issue.
facts agreed upon? to present evidence. (Sec. 1, Rule 33). In such 2. If demurrer was
A: The case will then be submitted for judgment case, the appellate court should not remand the WITHOUT leave of This is without prejudice to a party moving for
on the facts agreed upon WITHOUT need for case back to the trial court. Instead, it should court, accused can no judgment on the pleadings or summary judgment
introduction of evidence. render judgment on the basis of the evidence longer present under Rules 34 and 35, respectively. (Sec. 10,
submitted by the plaintiff. (Radiowealth Finance evidence and the case Rule 18)
If the parties agree only on some of the facts, trial Corp. v. Del Rosario, G.R. No. 138739, Jul. 6, is submitted for
shall be held as to the disputed facts. (Sec. 7, Rule 2000). decision based on Q: What is a judgment upon a compromise and
30) prosecution’s what are its effects?
Q: Compare demurrer to evidence in a civil evidence. A: A compromise judgment is a decision rendered
P. DEMURRER TO EVIDENCE case and in a criminal case. by a court sanctioning the agreement between the
A: The court cannot, on The court, after the parties concerning the determination of the
Q: What is a demurrer to evidence? its own make a prosecution has rested controversy at hand. (Diamond Builders
A: After the plaintiff has completed the demurrer. its case, shall inquire Conglomeration v. Country Bankers Insurance
presentation of his evidence, the defendant may from the accused if he Corp., G.R. No. 171820, Dec. 13, 2007).
move for dismissal on the ground that upon the NO need for leave of Leave of court is desires to move for
facts and the law, the plaintiff has shown NO court for defendant to NECESSARY so that leave of court to file a Judgment upon a compromise is immediately
RIGHT TO RELIEF (Sec. 1, Rule 33). file demurrer to the accused could demurrer or proceed executory upon the signing of the compromise
evidence. present his evidence if with the presentation of agreement in the absence of a motion to set aside
The evidence contemplated by the rule on his demurrer is denied. his evidence. (Revised on the ground of fraud, mistake, etc. Hence, it has
demurrer is that which pertains to the merits of Guidelines for the effect of res judicata. (World Machine
the case. (Celino v. Heirs of Alejo and Teresa If court finds plaintiff’s If court finds Continuous Trial in Enterprises v. IAC, G.R. No. 72019, 1990).
Santiago, G.R. No. 161817, Jul. 30, 2004). evidence insufficient, prosecution’s evidence Criminal Cases).
demurrer will be insufficient, demurrer Q: When is judgment on the pleadings
(RIANO, 2019, p.516).
Q: What is the effect of a denial of a demurrer granted and will be granted and allowed?
to evidence? complaint will be judgment will be A: The court may render a judgment on the
A: If the defendant’s motion is denied, the dismissed. This rendered acquitting the pleadings upon motion of the claimant that the
defendant shall have the right to present dismissal is accused. The judgment answer:
evidence. (Sec. 1, Rule 33). appealable. is not appealable 1. Fails to tender an issue; or
2. Otherwise admits the material allegations of
the adverse party’s pleading. (Sec. 1, Rule 34) fact except as to the amount of damages. (Ley The date of the finality of the judgment or final
JUDGMENT ON THE SUMMARY
Construction and Development Corp. v. Union order shall be deemed to be the DATE OF ITS
PLEADINGS JUDGMENT
An answer fails to tender an issue if it does not Bank of the Philippines, G.R. No. 133801, Jun. 27, ENTRY. (Sec. 2, Rule 36)
comply with the requirements of a specific denial 2000).
There is an absence of There is an issue, but
as set out in Sections 8 (actionable document Q: What is a memorandum decision?
a factual issue in the the same is not a
denial under oath) and 10 (specific denial) [of Rule Q: What are the requisites for a summary A: The judgment or final resolution of the appellate
case because the genuine issue.
8]. Failure to deny such would result in the judgment? court may adopt by reference the findings of facts
answer tenders no Controversy is only
admission of the material allegations of the A: For a summary judgment to be proper, the and conclusions of law contained in the decision
issue at all or there is as to the amount of
adverse party’s pleadings. (Asian Construction v. movant must establish two requisites: of the trial court (Solid Homes v. Laserna, G.R. No.
an admission of damages but not as
Sanneadle, G.R. No. 181676, June 11, 2014) 1. There must be no genuine issue as to any 166051, 2008).
material allegations. to any material fact.
material fact, except for the amount of
The answer admits the material allegations of the damages; and Solely based on the Based on the As long as the memorandum decision (1) states
adverse party’s pleading by: 2. The party presenting the motion for pleadings. pleadings, the nature of the case; (2) summarizes the facts
1. Expressly admitting the truth of such summary judgment must be entitled to a depositions, with references to the record; (3) contains a
allegations; judgment as a matter of law. (Rivera v. admissions, and statement of the applicable laws and
2. Failing to make a specific denial of the Solidbank Corporation, G.R. No. 163269, affidavits. jurisprudence; and (4) contains the tribunal’s
material allegations; or April 19, 2006) assessment and conclusions on the case, the
3. Omitting to deal with the material Available only to a Available to both constitutional requirement of a valid judgment will
allegations at all. (Medical Enterprises, A genuine issue is an issue of fact which requires claiming party like a plaintiff and not be transgressed. (Oil and Natural Gas
Inc. v. Wesleyan University Philippines, the presentation of evidence as distinguished from plaintiff or a defendant. Commission v. Court of Appeals, G.R. No.
G.R. No. 207970, January 20, 2016; a sham, fictitious, contrived or false claim. The trial counterclaimant. 114323, Jul. 23, 1998).
RIANO, 2019, p. 544) court can determine a genuine issue on the basis
of the pleadings, admissions, documents, On the merits May be interlocutory, Q: What is the doctrine on immutability of
Q: What are the cases where judgment on the affidavits, or counter affidavits submitted by the if partial, or on the judgments?
pleadings cannot apply? parties. (Smart Communications, Inc. v. Aldecoa, merits. A: A decision that has acquired finality becomes
A: In the following cases, a judgment on the G.R. No. 166330, September 11, 2013) immutable and unalterable, and may no longer be
pleadings will not apply: Can only be initiated If filed by the modified in any respect, even if the modification is
1. Declaration of nullity of marriage; Q: When can a claimant move for a summary when an answer has PLAINTIFF, it must meant to correct erroneous conclusions of fact and
2. Annulment of marriage; and judgment? already been filed. be filed at any time law, and whether it be made by the court that
3. Legal separation; A: A party seeking to recover upon a claim, after an answer is rendered it or by the Highest Court of the land. Any
counterclaim, or cross-claim or to obtain a served; act which violates this principle must immediately
NOTE: for items 1 to 3, the material facts alleged declaratory relief may, at any time AFTER the be struck down. (Sps. Valarao v. MSC and Co.,
in the complaint shall always be proven. The pleading in answer thereto has been served, may If filed by G.R. No. 185331, Jun. 8, 2016).
purpose is to prevent collusion between the move with supporting affidavits, depositions or DEFENDANT, it may
parties. (Sec. 1, Rule 34, see Articles 48 and 60 admissions for summary judgment in his favor be filed at any time Q: What are exceptions to immutability of
of the Family Code) upon all or any part thereof. (Sec. 1, Rule 35). even before there is judgment?
an answer. A: The exceptions to the immutability of final
4. Cases involving unliquidated damages; The phrase "anytime after the pleading in answer judgments are:
(RIANO, 2019, pp. 547-548)
5. Cases where a pleading contains a thereto has been served" in Section 1, Rule 35 1. Correction of clerical errors;
conclusion of law since it is the court means "at any stage of the litigation." Whenever it 2. Nunc pro tunc entries which cause no
Q: What is rendition of judgment?
which makes such conclusions; and becomes evident at any stage of the litigation that prejudice to any party;
A: Rendition of a judgment is the filing of the same
6. Cases where the pleading contains non- no triable issue exists, or that the defenses raised
with the clerk of court. (Ago v. Court of Appeals,
material averments or allegations. by the defendants are sham or frivolous, plaintiff "Nunc pro tunc" is a Latin phrase that
G.R. No. L-17898, October 31, 1962) It is not the
may move for summary judgment. (Republic v. means "now for then." A judgment nunc
writing or signing of the judgment which
NOTE: for numbers 4 to 6, there can be no Sandiganbayan, G.R. No. 152154, Jul. 15, 2003). pro tunc is made to enter into the record
constitutes rendition of the judgment. (Castro v.
deemed admission for failure to make a specific an act previously done by the court, which
Malazo, A.M. No. 1237-CAR, 1980).
denial in the answer. (RIANO, 2019, p. 331, see Q: What is the difference between judgment on had been omitted either through
Sec. 11, Rule 8) the pleadings and summary judgments? inadvertence or mistake. It neither
Q: When is entry of judgment made?
A: operates to correct judicial errors nor to
A: If no appeal or motion for new trial or
Q: What is summary judgment? "supply omitted action by the court." Its
reconsideration is filed within the reglementary
A: A summary judgment, also called accelerated sole purpose is to make a present record
period, the judgment or final order shall be entered
judgment, is proper where, upon a motion filed of a "judicial action which has been
by the Clerk in the Book of Entries of Judgment.
after the issues had been joined and on the basis actually taken." (Mercury Drug Corp. v.
of the pleadings and papers filed, the court finds Spouses Huang, G.R. No. 197654, 2017)
that there is no genuine issue as to any material
3. Void judgments; and necessarily adjudicated, or necessarily implied in R. POST-JUDGMENT REMEDIES Q: Differentiate a denial of an MR of an
4. Whenever circumstances transpire after the final judgment, although no specific finding interlocutory order and a denial of an MR of a
the finality of the decision rendering its may have been made in reference thereto, and 1. Motion for new trial or reconsideration final order.
execution unjust and inequitable. although such matters were directly referred to in A:
(Ocampo v. RPN-9/Radio Philippines the pleadings and were not actually or formally Q: What are the grounds for a motion for
DENIAL OF A DENIAL OF A
Network, Inc., G.R. No. 192947, 2015) presented. (Smith Bell & Co. vs. CA, G.R. No. reconsideration?
MOTION FOR MOTION FOR
56294, May 20, 1991) A: (DED) RECONSIDERATION RECONSIDERATION
Q: What is res judicata? 1. Damages awarded are excessive; OF AN OF A FINAL ORDER
A: According to the doctrine of res judicata, an Q: What is the doctrine of the law of the case? 2. Evidence is insufficient to justify the INTERLOCUTORY
existing final judgment or decree rendered on the A: Law of the case has been defined as the decision or final order; and ORDER
merits, and without fraud or collusion, by a court of opinion delivered on a former appeal. It means that 3. Decision or final order is contrary to law
competent jurisdiction, upon any matter within its whatever is once irrevocably established as the (Rule 37, Sec. 1). Not appealable via Appealable via
jurisdiction, is conclusive of the rights of the parties controlling legal rule of decision between the same ordinary appeal; ordinary appeal.
or their privies, in all other actions or suits in the parties in the same case continues to be the law Q: What are the grounds for a motion for new certiorari is proper
same or any other judicial tribunal of concurrent of the case whether correct on general principles trial? (FAME & NDE) remedy.
jurisdiction on the points and matters in issue in or not, so long as the facts on which such decision A: A motion for new trial may be filed upon any
the first suit. (Agustin v. Spouses Delos Santos, was predicated continue to be the facts of the case of the following grounds: Example: MR of an Example: MR of an
G.R. No. 168139, Jan. 20, 2009) before the court. (Radio Communications of the 1. Fraud, accident, mistake or excusable order denying bill of order of dismissal of a
Philippines v. CA, G.R. No. 139762, Apr. 26, 2006) negligence which ordinary prudence particulars. complaint.
Q: What are the two aspects of res judicata? could not have guarded against and by
A: Q: Differentiate res judicata from the law of the reason of which such aggrieved party has (Sps. Mendiola v. CA, G.R No. 159746, 2012).
1. Bar by Prior Judgment – the judgment or case. probably been impaired in his rights; or
final order is a bar to the prosecution of a A: 2. Newly discovered evidence, which he 2. Appeal
subsequent action based on the same could not, with reasonable diligence, have
RES JUDICATA LAW OF THE CASE
claim or cause of action. (see Sec. 39(b), discovered and produced at the trial, and See discussions on Appeals under Heading 3.
Rule 47) which if presented would probably alter APPEAL (RULES 41, 45)
2. Conclusiveness of Judgment – the Involves the preclusion Involves the the result (Rule 37, Sec. 1).
judgment or final order precludes the re- to the subsequent controlling legal rule 3. Petition for relief from judgment
litigation of particular issues or facts on a action involving the irrevocably NOTE: For criminal procedure, a new trial can be
different demand or cause of action. (see same parties and established on a granted only Q: What is a Petition for Relief from judgment?
Sec. 39(c), Rule 47) (San Pedro v. same cause of action former appeal which 1. On motion of the accused; or A: A petition for relief from judgment is a remedy
Binalay, G.R. 126207, Aug. 25, 2005) OR the finality of the shall govern the 2. On motion of the court but with the available ONLY to those PARTIES in the case
issues or facts settled parties in the same consent of the accused (Rule 121, Sec. 1). which is only allowed in exceptional cases when
Q: What are the elements of res judicata – bar in the case. case. there is NO OTHER AVAILABLE ADEQUATE
by prior judgment? Q: What are the requisites of newly discovered REMEDY and for the following grounds -- fraud,
A: To be an absolute bar to the subsequent action, Applies to a Applies only to the evidence? accident, mistake or excusable negligence. It is
the following requisites must concur: subsequent case. same case. A: filed with the same court which rendered the
1. There must be a final judgment or order; 1. New evidence discovered after trial judgment. (Tuason v. CA, G.R. No. 116607, 1996).
2. The court rendering it must have Relates to issues of Relates to questions 2. Such evidence could not have been
jurisdiction over the subject matter and the fact and law. of law previously discovered and produced at the Q: What are the grounds for availing the
parties; trial even with reasonable diligence remedy?
3. It must be a judgment or order on the (Spouses Sy v. Young, G.R. No. 169214, Jun. 19,
3. It is new and material evidence A: A petition for Relief may be filed based on the
merits; and 2013).
4. If introduced and admitted, it would following grounds:
4. There must be between the two cases probably change judgment (Ybiernas vs. 1. When a judgment or final order is entered
identity of parties, subject matter and Tanco-Gabaldon, G.R.178925, 2011). into, or any other proceeding is thereafter
causes of action. (Id.) taken against the petitioner in any court
NOTE: Newly discovered evidence need not be through fraud, accident, mistake or
Q: What is res judicata – conclusiveness of newly created evidence. It may and does excusable negligence; or
judgment? commonly refer to evidence already in existence 2. When the petitioner has been prevented
A: The general rule precluding the relitigation of prior or during trial, but which could not have been from taking an appeal by fraud, accident,
material facts or questions which were in issue and secured and presented during the trial despite mistake or excusable negligence (City of
adjudicated in former action are commonly applied reasonable diligence on the part of the litigant Dagupan v. Maramba, G.R. No. 17441,
to all matters essentially connected with the (Tumang v CA, G.R. Nos. 8234647, 1989). 2014).
subject matter of the litigation. Thus, it extends to
questions necessarily involved in an issue, and
Q: What is the time to file a petition for relief of Q: What are the requisites of execution from the allegedly wrongful seizure and 2. CRIMINAL PROCEDURE
judgment? pending appeal? detention of the property.
A: The petition shall be filed within sixty (60) days A: A. GENERAL MATTERS
after the petitioner learns of the judgment, final 1. Motion for execution filed by the prevailing The availment of the remedy of terceria is not
order or proceeding, and NOT more than six (6) party; a condition sine qua non to the filing of a Q: What are the cases where the Rules of Court
months after such judgment or final order was 2. Notice of the motion to adverse party; and "proper action." An independent action may be (“Rules”) are applicable? What are the cases
entered, or such proceeding was taken (Rule 38, 3. Good reasons stated in a special order resorted to even before or without need of where the Rules are not applicable?
Sec. 3). after due hearing. (Rule 39, Sec. 2) filing a claim in the court which issued the writ. A: Cases where Rules are applicable:
(Naguit v. Court of Appeals, G.R. No. 137675,
4. Annulments of judgment Q: Against whom can a writ of execution be 2000) Q. How should the Rules of Criminal Procedure
issued against? be construed?
See discussions on Annulment of Judgments A: A writ of execution can only be issued against A: These Rules shall be liberally construed in
under Heading 4. ANNULMENT OF JUDGMENTS a party and not to strangers to a case or those who order to promote their objective of securing a just,
(RULE 47). did not have his day in court (Olongapo City v. speedy and inexpensive disposition of every
Subic Water and Sewerage Co., Inc., G.R. No. action and proceeding (Rule 1, Sec. 6)
S. EXECUTION, SATISFACTION, AND 171626, 2014).
EFFECT OF JUDGMENTS Q. Distinguish jurisdiction over the subject
Q: Is an appeal from the decision in an action matter and jurisdiction over the person:
Q: How should a judgment be executed? for revival of judgment allowed? A:
A: Judgment should be executed on motion within A: Yes. The party aggrieved may appeal the
decision but only insofar as the merits of the action JURISDICTION JURISDICTION
five (5) years from entry; or by filing an
for revival is concerned. The original judgment, OVER OVER THE PERSON
independent action for revival of judgment after
which is already final and executory, may no SUBJECT MATTER OF THE ACCUSED
five (5) years but before ten (10) years from entry.
The revived judgment may be enforced by motion longer be reversed, altered, or modified (Heirs of
five (5) years from date of its entry; or by action, Miranda v. Miranda, G.R. No. 179638, 2013). Derived from the law Acquired either by his
after the lapse of five (5) years, before it is barred arrest or his voluntary
by the statute of limitations (Rule 39, Sec. 6). Q: What is the remedy of the third party appearance in court.
claimant to prevent the inclusion of his
Q: When does execution of judgment by property in the execution sale? It can never be May be acquired by
motion prescribe? A: acquired solely by consent of the accused
A: consent of the or by waiver of
General rule: In 5 years; If issued, valid until 1. He may avail of “terceria” by serving on the accused. The parties objections or failure to
satisfied fully. levying officer an affidavit of his title or right of cannot waive it. invoke the objection
possession over the levied property, and
Exception: When delay caused by actions of serving also a copy to the judgment creditor; Objection that the If he fails to make his
judgment debtor and/or is incurred for his benefit court has no objection in time, he
or advantage (Olongapo City v. Subic Water and Note: Terceria is a remedy available to a third jurisdiction over the will be deemed to have
Sewerage, G.R. No. 171626, 2014). person other than the judgment obligor or his subject matter may be waived it.
agent who claims a property levied on. made at any stage of
Q: Is execution a matter of right? (Fermin v. Esteves, G.R. No. 147977, 2008) the proceeding and the
A: Execution is a matter of right on motion either right to make such
upon judgment or order that disposes of the action 2. He may file a case for damages against the objection is never
or proceeding, upon expiration of the period to bond issued by the judgment debtor within 120 waived, even on
appeal therefrom and no appeal has been duly days from the date of the filing of the bond. appeal.
perfected, or when an appeal has been duly (Sec. 16, Rule 39);
perfected and resolved with finality. (Rule 39, Sec. Q: Which officers in the executive department
1). 3. He may file "any proper action" to vindicate his
are under the jurisdiction of the
claim to the property. (Id.)
Sandiganbayan?
Q: Is there discretionary execution? A: Only Regional Directors with Salary Grade 27
A: Yes, in two instances. Execution of a judgment Note: A "proper action" is entirely distinct and
and higher fall within the exclusive jurisdiction of
or a final order pending appeal and execution of separate from that in which the judgment is
the Sandiganbayan. Yet, those that are classified
several, separate, or partial judgments (Rule 39, being enforced, filed with the court of
as Salary Grade 26 and below may still fall within
Sec. 2). competent jurisdiction. Such a "proper action"
the jurisdiction of the Sandiganbayan, provided
may have for its object the recovery of
that they hold the positions enumerated by law.
ownership or possession of the property
The specific inclusion constitutes an exception to
seized by the sheriff, as well as damages
the general qualification. (Duncano v. In Manila and other chartered cities, the complaint Q: What crimes cannot be prosecuted de
COMPLAINT INFORMATION
Sandiganbayan, G.R. No. 191894, 2015) shall be filed with the Office of the Prosecutor officio?
unless otherwise provided in their charters. In A: Private offenses (concubinage, adultery, charged with the
Q: Which court has jurisdiction over private contrast, for criminal offenses outside Metro seduction, abduction, acts of lasciviousness); enforcement of the
individuals charged as co-principals, Manila, the complaint/information must be filed law.
accomplices or accessories with public with the provincial prosecutor or Municipal Trial Q: Who may prosecute private offenses?
officers or employees? Courts. (Rule 110, Sec. 1, Revised Rules of A: Filed either in the Filed in court.
A: In case private individuals are charged as co- Criminal Procedure) 1. Adultery and Concubinage – Municipal Trial Court or
principals, accomplices or accessories with public a. Only by the offended spouse who with the provincial/city
officers or employees, including those employed in Q: Who may conduct a preliminary should have the status, capacity, and prosecutor’s office.
government-owned or controlled corporations, investigation? legal representation at the time of
they shall be tried jointly with said public officers A: Provincial or City Prosecutors and their filing of the complaint regardless of Needs to be sworn Requires no oath.
and employees in the proper courts which shall Assistants; Judges of the Municipal Trial Courts age Merely requires that it
exercise exclusive jurisdiction over them. (Disini v. and Municipal Circuit Trial Courts; National and b. Both guilty parties must be included in be an accusation “in
Sandiganbayan, G.R. Nos. 169823-24, 2013) Regional State Prosecutors; Other officers as may the complaint. writing.”
be authorized by law (e.g. COMELEC Officials, the c. The offended party did not consent to
Q: May a trial court deny a motion for Ombudsman, the Chairman of the PCGG, etc.) the offense nor pardoned the Q. What constitutes a sufficient complaint or
redetermination of probable cause on the (Rule 112, Secs. 1-2) offenders. information?
ground of lack of jurisdiction over the person 2. Seduction, Abduction and Acts of A: A complaint or information is sufficient if it states
of the accused? Q: Who may file a criminal complaint? Lasciviousness – Prosecuted exclusively the: (NDANAP)
A: The trial court clearly erred in denying A: The offended party, any peace officer, or other and successively by the following persons in 1. Name of the accused;
petitioner’s motion for redetermination of probable public officer charged with the enforcement of the this order: 2. Designation of the offense by a statute
cause due to lack of jurisdiction over the person of law violated. (Rule 110, Sec. 3) a. By the offended woman; 3. Acts or omission complained of as
the accused, when the motion was filed prior to his b. By the parents, grandparents or legal/ constituting the offense;
arrest. Custody of the law is not required for the Q: Who may prosecute criminal actions? judicial guardians in that successive 4. Name of the offended party;
adjudication of reliefs other than an application for A: All criminal actions commenced by complaint or order, if the offended party is a minor 5. Approximate date of the commission of
bail. (David v. Agbay, G.R. No. 199113, 2015) information shall be prosecuted under the direction or of age but suffers from physical or the offense; and
and control of the prosecutor. mental disability; 6. Place where the offense was committed.
Q: When does a Court have territorial c. By the State pursuant to the doctrine
jurisdiction? The private Prosecutor May Prosecute the Case in of parens patriae, when the offended Q: What constitutes a sufficient designation of
A: The offense must have been committed or any Case of: party dies or becomes incapacitated an offense?
of its essential ingredients took place within the 1. Heavy work schedule of the public before she could file the complaint A: The Information or Complaint must state or
territorial jurisdiction of the court. In criminal cases, prosecutor; or and she has no known parents, designate the following whenever possible:
venue is an essential element of jurisdiction, thus, 2. In the event of lack of public prosecutors. grandparents or guardians. 1. The designation of the offense given by
cannot be waived (Navaja v. De Castro, G.R. No. Provided: 3. Defamation imputing to a person any of the the statute. (If there is no designation of
182926, 2015). 1. Authorized in writing by the Chief foregoing crimes of concubinage, adultery, the offense, reference shall be made to
of the Prosecution Office or the seduction, abduction, rape or acts of the section or subsection of the statute
B. PROSECUTION OF OFFENSES Regional State Prosecution; and lasciviousness – Only by the party or parties punishing it)
2. Subject to the approval of the defamed (Revised Penal Code, Art. 360) 2. The statement of the acts or omissions
Q: How are criminal actions instituted? Court. constituting the offense, in ordinary,
A: For Offenses Where a Preliminary Investigation Once so authorized, private prosecutors shall If the offended party is of legal age and does not concise and particular words.
is required: Instituted by filing the complaint with continue to prosecute the case up to the end of suffer from physical or mental disability, she alone 3. The specific qualifying and aggravating
the proper officer for preliminary investigation. trial unless the authority is revoked or withdrawn. can file the complaint to the exclusion of all. (Rule circumstances must be stated in ordinary
(Sec 1, Rule 110, Revised Rules of Criminal (Sec 5, Rule 110, Revised Rules of Criminal 110, Sec. 5) and concise language. (Rule 110, Sec. 8)
Procedure) Procedure amended by A.M. No. 02-2-07-SC) 4. The qualifying and aggravating
Q. Distinguish Complaint from Information: circumstances to be; otherwise, these will
Preliminary investigation is required for offenses Q: What is the effect if the information is filed A: not be appreciated. (People v. Lapore,
where the penalty prescribed by law is AT LEAST by someone not authorized by law? COMPLAINT INFORMATION G.R. No. 191197, 2015)
4 years, 2 months and 1 day (prision correccional A: The court does not acquire jurisdiction. The
max) of imprisonment without regard to the fine. accused’s failure to assert lack of authority on the Subscribed by the Subscribed by the Q: Can an accused be convicted of an offense
part of the prosecutor in filing the information does offended party, any prosecutor. It does not not clearly charged in the complaint or
For all other offenses: Instituted DIRECTLY with not constitute a waiver thereof. (People v. Garfin, peace officer or other have to be subscribed information?
the Municipal Trial Court and Municipal Circuit G.R. No. 153176, 2004. Quisay v. People G.R. No. officer charged with the by the offended party A: As a rule, an accused cannot be convicted of
Trial Court or the complaint is filed with the Office 216920, 2016). enforcement of the law or any peace officer or an offense that is not clearly charged in the
of the Prosecutor. violated. other peace officer complaint or information. To convict him of an
offense other than that charged in the complaint or upgrades it to a higher crime, in which case, there C. PROSECUTION OF CIVIL ACTIONS
AMENDMENT SUBSTITUTION
information would be violative of the Constitutional is a need for another arraignment of the accused
right to be informed of the nature and cause of the under the amended information (Rule 110, Sec. Q: When may civil action proceed
accusation. (Patula v. People, G.R. No. 164457, When an amendment Another preliminary 14). independently?
2012) is only as to form, investigation is A:
there is no need for entailed and the Q. When is an Accused considered prejudiced General Rule: Independent civil actions under
EXCEPTION: Crimes which necessarily includes another preliminary accused has to plead by an Amendment? Articles 32 (violation of civil and political rights), 33
or are included in the offenses charged in the investigation and the anew to the new A: (defamation, fraud, physical injuries), 34 (refusal of
complaint. retaking of the plea of information. 1. Whether a defense under the information police officer to render aid) and 2176 (quasi-delict)
the accused. as it originally stood would be available of the Civil Code:
Q. Is the designation of the offense by the after the amendment is made; and 1. May be brought by the offended party;
Prosecutor controlling? An amended Requires or 2. Whether any evidence defendant might 2. Proceed independently of criminal action;
A: No. What is controlling is not the title of the information refers to presupposes that the have would be equally applicable to the and
complaint, nor the designation of the offense the same offense new information information in the new form as in the other 3. Require only a preponderance of
charged or the particular law or part thereof charged in the original involves a different (People v. Borromeo, G.R. No. L-62737 evidence (Rule 111, Sec. 3)
allegedly violated, these being mere conclusions information or to an offense which does June 29, 1983).
of law made by the prosecutor, but the description offense which not include or is not
Exception: A plaintiff cannot recover damages
of the crime charged and the particular facts necessarily includes necessarily included Q. When are amendments formal or twice for the same act or omission of the
therein recited. (Consigna v. People. G.R. No. or is necessarily in the original charge, substantial? defendant. (Civil Code, Art. 2177)
175750-51, 2014). included in the original hence the accused A: An amendment is merely formal if it did not
charge, hence cannot claim double change the essence of the offense or cause Q: What is the rule on the implied institution of
Q: Must the elements of the crime be alleged in substantial jeopardy. surprise as to deprive the petitioner of the civil action with criminal action?
the information? amendments to the opportunity to meet the new information. If the A:
A: Yes. Every element of the offense must be information after the amendment only states with precision something General Rule: The institution or filing of the
stated in the information. What facts and plea has been taken that was already included in the original criminal action includes therein the institution of
circumstances are necessary to be included cannot be made over Information, it is merely a formal amendment. civil action for recovery of civil liability arising from
therein must be determined by reference to the the objection of the (Omar Villarba v. CA, G.R. No. 227777, 2020) the offense charged. (Rule 111, Sec. 1)
definitions and essentials of the specified crimes. accused, for if the
The requirement of alleging the elements of a original would be The amendment is substantial “when a defense of Exception/s: When the offended party:
crime in the information is to inform the accused of withdrawn, the the accused, under the original complaint or 1. Waives the civil action;
the nature of the accusation against him so as to accused could invoke information, would no longer be available after the 2. Reserves his right to institute the civil
enable him to suitably prepare his defense. The double jeopardy. amendment is made, and when any evidence the action separately; or
presumption is that the accused has no accused might have would be inapplicable to the 3. Institutes the civil action prior to the
independent knowledge of the facts that constitute Q. Can an Information be amended before complaint or information, as amended. (Kummer criminal action. (Rule 111, Sec. 1)
the offense. (People v. Valdez, G.R. No. 175602, arraignment? v. People, G.R. No. 174461, 2013)
2013) A: Yes, amendments in form and substance must Q: What civil action is deemed instituted with
be made before the accused enters his plea, Q: What are the rules on venue? the criminal action?
Q. Differentiate amendment from substitution. without leave of court. A: Penal laws are territorial. The criminal action A: The civil action for the recovery of civil liability
A: shall be instituted in the court of the municipality or that is deemed instituted with the criminal action
EXCEPTION: The amendment must be done (a) territory where the offense or any of its essential refers only to that arising from the offense
AMENDMENT SUBSTITUTION
upon motion of the prosecutor, (b) with notice to elements occurred. charged. This does NOT include other sources of
the offended party and (c) with leave of court, civil liability, such as civil liability ex contractu.
May involve either Involves substantial when the amendment: Q: May venue be waived in criminal cases? (Solidum v. People, G.R. No. 192123, 2014)
formal or substantial change from original 1. Downgrades the offense charged; or A: No. It is an essential element of jurisdiction.
changes. charge. 2. Excludes from the Information a co- (Navaja v De Castro, G.R. No. 182926, 2015) Q. When can the civil action be reserved?
accused (M. DE LEON). A:
Amendment before Substitution of Q: What determines the venue in a criminal 1. Before the prosecution starts to present its
the plea has been information must be Q. Can an Information be amended after action? evidence; and
entered can be with leave of court as A: The jurisdiction of a court over the criminal case
arraignment? 2. Under circumstances affording the
effected without leave the original is determined by the allegations in the complaint
A: Yes, but only for formal amendment and only offended party a reasonable opportunity to
of court. information has to be or information. What must thus be followed is the
with leave of court and without causing prejudice make such reservation (Rule 111, Sec. 1).
dismissed. venue alleged in the information (Evangelista v.
to the rights of the accused
People, G.R. No. 163267, 2010). Q. What instances bar the reservation of the
When a fact supervenes which changes the nature civil action?
of the crime charged in the information or
A: omission from which the civil liability may arise did A: The elements are: merely inquisitorial, and is often the only means of
1. Criminal action for violation of B.P. 22 and not exist. (Coscuella v. Sandiganbayan. G.R. No. 1. The civil case involves facts intimately discovering whether a person may be reasonably
EstafA: Unless a separate civil action has been 191411, 2013) related to those upon which the criminal charged with a crime, to enable the prosecutor to
filed before the institution of the criminal action, no prosecution prepare the information. It is not yet a trial on the
such civil action can be instituted after the criminal Q: What is the effect of the death of the would be based; merits, for its only purpose is to determine whether
action has been filed as the same has been accused on civil and criminal liability? 2. In the resolution of the issue or issues a crime has been committed and whether there is
included therein. Where the civil action has been A: raised in the civil action, the guilt or probable cause to believe that the accused is
filed separately before the criminal action, it may Before Arraignment innocence of the accused would guilty thereof. What is required is only that the
be consolidated upon application with the court The criminal action shall be dismissed without necessarily be determined; and evidence be sufficient to establish probable cause
trying the latter case. prejudice to the offended party’s filing any civil 3. Jurisdiction to try said question must be that the accused committed the crime charged, not
action against the estate of the deceased. lodged in another tribunal. (People v. that all reasonable doubt of the guilt of the accused
NOTE: The civil liability arising from the act of Arambulo, G.R. No. 186597, 2015) be removed. (Enrile and Enrile v. Judge
issuing a bouncing check can be the subject of After Arraignment and During the Pendency of Manalastas, et al., G.R. No. 166414, 2014)
both civil actions deemed instituted with the estafa the Criminal Action Q: Is there a prejudicial question if the civil and
case and the BP 22 violation. In the crimes of both criminal action can proceed independently? Q: Is preliminary investigation covered by the
estafa and violation of BP 22, Rule 111 of the General Rule: Death extinguishes the civil liability A: There is no prejudicial question if the civil and Due Process clause of the Constitution?
Rules of Court expressly allows, even arising from delict or the offense. the criminal action can, according to law, proceed A: No. The right to a preliminary investigation is
automatically, the institution of a civil action independently of each other. Under Rule 111, personal. It is afforded to the accused by statute,
without need of election by the offended party. Exception: Where civil liability is predicated on Section 3 of the Revised Rules on Criminal and can be waived, either expressly or by
(Rodriguez v. Ponferrada, G.R. Nos. 155531-34, other sources of obligations such as law, contract, Procedure, in the cases provided in Articles 32, 33, implication. (Benedicto v. CA, G.R. No, 125359,
2005) quasi-contract, and quasi-delict (Asilo v. People 34 and 2176 of the Civil Code, the independent 2001)
G.R. Nos. 159017-18, 2011) - Independent civil civil action may be brought by the offended party.
2. A claim arising from an offense which is action It shall proceed independently of the criminal Q: When is it required?
cognizable by the SB – a civil action filed prior to action and shall require only a preponderance of A:
the criminal action has to be transferred to the After Final Judgment evidence. In no case, however, may the offended General Rule: BEFORE the filing of a complaint
subsequently filed criminal action for joint hearing The action is enforced as a money claim against party recover damages twice for the same act or or information for an offense where the penalty
(P.D. No.1606 as amended by R.A. No. 8249, Sec. the estate. (Rule 86) omission charged in the criminal action. (Consing, prescribed by law is at least 4 years, 2 months and
4); Jr. vs. People, G.R. No. 161075, 2013) 1 day without regard to the fine.
Q: What is a prejudicial question?
NOTE: The filing of the criminal action shall be A: One which arises in a case, the resolution of Q: Must a civil case precede the criminal case Exception: If the accused was arrested by virtue
deemed to necessarily carry with it the filing of the which is a logical antecedent of the issue involved for the doctrine of prejudicial question to of lawful arrest without warrant (Rule 112, Sec. 1)
civil action, and no right to reserve the filing of such in the criminal case and the cognizance of which apply?
civil action separately from the criminal action shall pertains to another tribunal. (Zapata v. Montesa, A: Q: When may an appeal against the findings in
be recognized. However, where the civil action G.R. No. L-14534, 1962) General Rule: There must be a previously a Preliminary Investigation be brought to the
had heretofore been filed separately but judgment instituted civil action and a subsequent criminal Secretary of Justice?
has not been rendered, and a criminal case is filed Q. When can an accused move for the action for the doctrine of prejudicial question to A: Within 15 days from receipt of the decision of
before the Sandiganbayan or appropriate court, suspension of the criminal action based upon apply. the Chief State Prosecutor, Regional State
said civil action shall be transferred thereto. a prejudicial question Prosecutors and Provincial/City Prosecutors, or
Otherwise, the civil action shall be abandoned. A: A petition for suspension of the criminal action Exception: The Supreme Court has relaxed this from the denial of the motion for
(P.D. No. 1606, as amended by R.A. No. 10660, based upon the pendency of a prejudicial question rule in terms of scope and application, extending it reconsideration/reinvestigation if one has been
Sec. 4) in a civil action may be filed in the office of the to a previously instituted administrative case and a filed. (2000 NPS Rules on Appeal, Sec. 3)
prosecutor or the court conducting the preliminary subsequent civil case (Quiambao v. Osorio, G.R.
3. Tax cases (R.A. No. 9282, Sec. 7[b][1]); and investigation. Even during preliminary No. L-48157, 1998) and also a previously Q: On what grounds may the Secretary of
investigation, a petition for suspension based on instituted administrative case and a subsequent Justice Review the findings of the
4. Civil actions, which can be filed and prosecuted prejudicial question can be filed before the criminal case (San Miguel Properties, Inc. vs. Sec. Investigating Prosecutor in a preliminary
independently of the criminal action, namely, those investigating officer. Hernando Perez, G.R. No. 166836, 2013). investigation?
provided in Articles 32, 33, 34 and 2176 of the Civil A: Decisions of the Chief State Prosecutor,
Code. When the criminal action has been filed in court for D. PRELIMINARY INVESTIGATION Regional State Prosecutors and Provincial/City
trial, the petition to suspend shall be filed in the Prosecutors may only be appealed from to the
Q: Does the acquittal of the accused bar the same criminal action at any time before the Q: What is the nature of a preliminary DOJ on grounds of manifest error or grave abuse
filing of a civil case against the accused? prosecution rests (Rule 111, Sec. 6). investigation? of discretion. (2008 NPS Manual, Part IV, Sec. 4).
A: The acquittal of petitioner does not bar the A: The preliminary investigation, which is the
offended party from pursuing a subsequent civil Q: What are the elements of a prejudicial occasion for the submission of the parties’ A motion for reinvestigation may be filed on
case based on the delict, UNLESS, the judgment question? respective affidavits, counter-affidavits and grounds that new and material evidence has been
of acquittal expressly declares that the act or evidence to buttress their separate allegations, is discovered which petitioner could not, with
reasonable diligence, have discovered during the A: Inquest is an informal and summary he must sign a waiver of the provisions of Article
preliminary investigation and which if produced investigation conducted by a public prosecutor in Q: Can a judge issue a warrant of arrest even 125 of the RPC.
and admitted would probably change the criminal cases involving persons arrested and though the preliminary investigation is not yet 1. If the accused allows himself to be
resolution. (2008 NPS Manual, Part IV, Sec. 7). detained without the benefit of a warrant of arrest finished? arraigned without asking for a preliminary
issued by the court for the purpose of determining A: Section 6(b) of Rule 112 also states that the investigation, he is deemed to have
Q: Can the courts rule on the validity of the whether or not said persons should remain under investigating judge could issue a warrant of arrest waived the right to such PI.
Secretary of Justice’s determination of the custody and correspondingly charged in court. during the preliminary investigation even without 2. If the complaint or information was filed
existence of lack of probable cause? (DOJ Department Circular No. 61, 1993) awaiting its conclusion should he find after an without PI, the accused may, within 5 days
A: No. The settled policy is that the courts will not examination in writing and under oath of the from the time he learns of the filing of the
interfere with the executive determination of Q: When may a warrant of arrest be issued? complainant and the witnesses in the form of information, ask for a preliminary
probable cause for the purpose of filing an A: The judge, upon the filing of the complaint or searching questions and answers that a probable investigation with the same right to
information, in the absence of grave abuse of information with the court, finds probable cause, cause existed, and that there was a necessity of adduce evidence in his favor in the
discretion. That abuse of discretion must be so he/she shall issue a warrant of arrest or a placing the respondent under immediate custody manner prescribed in this Rule. (5–day
patent and gross as to amount to an evasion of a commitment order (if the accused had already in order not to frustrate the ends of justice. period is MANDATORY; failure to file
positive duty or a virtual refusal to perform a duty been arrested) and hold him/her for trial. If the (Mangila v. Pangilinan, G.R. No. 160739, 2013) within the said period amounts to a
enjoined by law or to act at all in contemplation of judge is satisfied that there is no necessity for waiver)
law, such as where the power is exercised in an placing the accused under custody, he/she may Q. Who conducts an Inquest? 3. Where the information was amended
arbitrary and despotic manner by reason of issue summons instead of warrant of arrest. A: The inquest is conducted by a public prosecutor without a new PI having been conducted,
passion or hostility. (Metropolitan Bank and Trust who is assigned inquest duties as an Inquest the 5-day period is computed from the
Co. V. Tobias, G.R. No. 177780, 2012) If the judge does not find probable cause, he may Officer and is to discharge his duties, unless time the accused learns of the filing of said
either dismiss the case or give the prosecutor a otherwise directed, only at the police amended information (Rule 112, Sec. 7).
Q: Can the Secretary of Justice conduct period of 10 days to file additional evidence. If the stations/headquarters of the PNP in order to
automatic review of the Provincial judge dismisses the case, he must state the basis expedite and facilitate the disposition of inquest Q. Can an inquest prosecutor investigate the
Prosecutor's affirmance of former resolutions of his dismissal. cases. (Sec. 2, Part II, Manual for Prosecutors). accused for a crime other than that which
issued by previous investigating prosecutors caused the arrest?
without conducting an actual reinvestigation However, if the evidence on record shows that, Q. What are the duties of an Inquest Officer? A: Inquest prosecutors can only conduct an
of the case? more likely than not, the crime charged has been A: inquest for the offense that was alleged in the
A: Yes. The Secretary of Justice is empowered to committed and that respondent is probably guilty 1. To determine if the arrest of the detained arrest report. If they conduct an inquest for any
review the actions of the Provincial Fiscal during of the same, the judge should not dismiss the case person is valid; other offense, they overstep their authority,
the preliminary investigation or the reinvestigation and thereon, order the parties to proceed to trial. 2. If found valid he shall: rendering the second inquest void. (Beltran v.
by virtue of Section 4, Rule 112 of the Rules of (People vs. Young, GR No. 213910, 2016) a. Ask the detainee if he desires to People, G.R. No. 175013, 2007)
Court which recognizes the Secretary of Justice's avail of himself preliminary
power to review the actions of the investigating Q: Distinguish Probable cause to be investigation Q: What is the effect of absence of preliminary
prosecutor, even motu proprio. (Fortaleza v. determined by Prosecutor vis-à-vis bya Judge. b. If he does, he shall be made to investigation?
Gonzales, G.R. No. 179287, 2016) A: Determination of probable cause is either execute a waiver of the provision A: The absence of a preliminary investigation does
executive or judicial in nature. T he first pertains to of Art. 125 of the RPC. not impair the validity of the information or
Q. If the Secretary of Justice reverses an the duty of the public prosecutor during preliminary 3. If the arrest was not made in accordance otherwise render it defective. Neither does it affect
Investigating Prosecutor’s findings in a investigation for the purpose of filing an with the law and/or the Rules, he shall: the jurisdiction of the court or constitute a ground
Preliminary Investigation, and the Prosecutor information in court. At this juncture, the a. Recommend the release of the for quashing the information. The trial court,
subsequently moves for the withdrawal of the investigating prosecutor evaluates if the facts are person arrested or detained instead of dismissing the information, should hold
Information, is the Court bound to grant the sufficient to engender a well-founded belief that a b. Note down the disposition on the in abeyance the proceedings and order the public
motion? crime has been committed and that the accused is referral document;\Prepare a brief prosecutor to conduct a preliminary investigation.
A: Once a complaint or information is filed in Court probably guilty thereof. memorandum indicating the (Villaflor v. Viva, G.R. No. 134744, 2001)
any disposition of the case as its dismissal or the reasons for the action taken
conviction or acquittal of the accused rests in the On the other hand, judicial determination of 4. Forward the same, together with the E. ARREST
sound discretion of the Court. Although the fiscal probable cause refers to the prerogative of the record of the case to the City or Provincial
retains the direction and control of the prosecution judge to ascertain if a warrant of arrest should be Prosecutor for appropriate action (Sec. 9 Q: When is a warrantless arrest valid and
of criminal cases even while the case is already in issued against the accused . At this stage, the DOJ Circular No. 61). lawful?
Court he cannot impose his opinion on the trial judge makes a preliminary examination of the A:
court. The Court is the best and sole judge on what evidence submitted, and on the strength thereof, Q. Under what conditions may an accused who 1. When in the presence of the arresting
to do with the case before it. (Crespo v. Mogul, and independent from the findings of the public underwent an inquest request a preliminary officer, the person to be arrested has
G.R. No. L-53373, 1987) prosecutor, determines the necessity of placing investigation? committed, is actually committing or is
the accused under immediate custody in order not A: Before the filing of a complaint or information, attempting to commit an offense (in
Q. What is an Inquest? to frustrate the ends of justice. (People v. Young, the person arrested without a warrant may ask for flagrante delicto) (Rule 113, Sec. 5[a])
GR 213910, 2016) a preliminary investigation by a proper officer, but 2. When an offense has just been committed
and he has probable cause to believe of such a valid warrantless arrest? Q: How is an arrest made? 5. When giving of such information will
based on personal knowledge of fact and A: To constitute a valid in flagrante delicto arrest, A: imperil the arrest (Rule 113, Sec. 9).
circumstance that the person to be two requisites must concur: (1) the person to be 1. By actual restraint of the person to be
arrested has committed it. (hot arrested must execute an overt act indicating that arrested; or Q: What is the effect of the failure to raise an
pursuit).(Rule 113, Sec. 5[b]) he has just committed, is actually committing, or is 2. By his/her submission to the custody of objection to the irregularity of arrest before
attempting to commit a crime; and (2) such overt the person making the arrest. (Rule 113, arraignment?
NOTE: This doctrine is different from in act is done in the presence or within the view of Secs. 1- 2) A: An accused is estopped from assailing any
flagrante delicto in the sense that this the arresting officer. (Martin Villamor v. Victor irregularity of his arrest if he fails to raise this issue
does not require the arresting officer or Bonaobra, G.R. No. 200396, 2017) Q: What are the methods of arrest? or to move for the quashal of the information
person to personally witness the A: against him on this ground before arraignment.
commission of the offense. What is A valid warrantless arrest gives the officers the Any objection involving a warrant of arrest or the
important is the immediacy of the arrest right to search the area for objects relating to the (1) By an officer with a warrant procedure by which the court acquired jurisdiction
reckoned from the commission of the crime and seize them only if they are in plain view. Inform the person to be arrested of the: over the person of the accused must be made
crime. However, it is not enough that the In the course of their lawful intrusion, if items 1. Cause of the arrest and before he enters his plea; otherwise, the objection
arresting officer had reasonable ground to plainly visible were discovered, the police officers 2. The fact that a warrant has been issued is deemed waived. (Salvador V. Rebellion v.
believe that the accused had just would be justified in seizing them. A valid for his arrest (Rule 113, Sec. 7). People, G.R. No. 175700, 2010)
committed a crime; a crime must, in fact, warrantless arrest means that the search and
have been committed first and that the seizure that resulted from it are likewise lawful. Exceptions: Q: Are routine baggage inspections conducted
arresting officer knows for a fact that it has The objects obtained from such lawful search and 1. When a person flees; or by port authorities, done without a search
been committed. (Comerciante v. People, seizures are admissible in evidence. (Saraum v. 2. When a person forcibly resists before warrant, unreasonable per se? Is it the same as
G.R. No. 205926, 2015) People, G.R. No. 205472, 2016) the officer has opportunity to so a customs search?
inform him; or A: With port security personnel's functions having
Note: The standards for evaluating the Q. What are the requisites of a valid warrant of 3. When the giving of such information the color of state-related functions and deemed
factual basis supporting a probable cause arrest? will imperil his arrest (Rule 113, Sec. agents of government, the Bill of Rights applies in
assessment are not less stringent in A: 7). this case.
warrantless arrest situation than in a case 1. The arrest warrant must be issued upon
where a warrant is sought from a judicial probable cause. (2) By an officer without a warrant Searches pursuant to port security measures are
officer. The probable cause determination 2. Probable cause must be determined Inform the person to be arrested of: not unreasonable per se. The security measures
of a warrantless arrest is based on personally by a judge. 1. His authority and of x-ray scanning and inspection in domestic ports
information that the arresting officer 3. There must be an examination under 2. The cause of the arrest (Rule 113, Sec. 8). are akin to routine security procedures in airports.
possesses at the time of the arrest and not oath or affirmation of the complainant The reason behind it is that there is a reasonable
on the information acquired later. (People and the witnesses he may produce. Exceptions: reduced expectation of privacy when coming into
vs. Pestilos, GR No. 182601, 2014) 4. The warrant must particularly describe 1. When the person is engaged in the airports or ports of travel.
the person to be seized. (Tabujara III v. commission of an offense; or
3. When the person to be arrested is a People, G.R. No. 175162, 2008) 2. Pursued immediately after its Travelers are often notified through airport public
prisoner who has escaped from a penal commission; or address systems, signs and notices in their airline
establishment or place where he is Q: May the defense file a motion for judicial 3. Has escaped, flees; or tickets that they are subject to search and, if any
serving final judgment or temporarily declaration of probable cause when a warrant 4. Forcibly resists before the officer prohibited materials or substances are found, such
confined while his case is pending or has of arrest or a commitment order has already has opportunity to so inform him; or would be subject to seizure. These
escaped while being transferred from one been issued or when arraignment has already 5. When giving of such information will announcements place passengers on notice that
confinement to another [Escaped been set? imperil the arrest (Rule 113, Sec. 8). ordinary constitutional protections against
Prisoner]. (Rule 113, Sec. 5[c]) A: No. The motion shall be denied by the courts. warrantless searches and seizures do not apply to
4. When a person who has been lawfully Section 6 of Rule 112 specifically provides that (3) By a private person routine airport procedures.
arrested escapes or is rescued (Rule 113, before a warrant of arrest or a commitment order Inform the person to be arrested of:
Sec. 13) may be issued by the judge, there must first be a 1. Intention to arrest him and It is also important to note that routine baggage
5. By the bondsman for the purpose of judicial determination of probable cause by the 2. The cause of the arrest (Rule 113, Sec. 9). inspections are different from a customs search.
surrendering the accused (Rule 113, Sec. judge himself. In one case, it was held that a Although customs searches usually occur within
23) motion for judicial declaration of probable cause is Exceptions: ports or terminals, it is important that the search
6. Where the accused released on bail moot and academic when a warrant of arrest is 1. The person to be arrested is engaged must be for the enforcement of customs laws.
attempts to leave the country without subsequently issued. (Hao v. People, G.R. No. in the commission of an offense; (Dela Cruz v. People, G.R. No. 209387, 2016)
permission of the court (Rule 114, Sec. 183345, 2014) 2. Pursued immediately after its
23) commission; Q: Can an anonymous tip be the basis of a
3. Has escaped, flees; warrantless search?
Q: What are the requisites to constitute a valid 4. Forcibly resists before the officer has A: Exclusive reliance on an unverified, anonymous
arrest in flagrante delicto? What are the effects opportunity to so inform him; or tip cannot engender probable cause that permits a
warrantless search of a moving vehicle that goes reasonable effort, ascertain and identify the place Q: What are the exceptions to the requirement Q: What are the forms of bail?
beyond a visual search (People v. Sapla, G.R. No. intended and distinguish it from other places in the of a search warrant? A: These are:
244045, 2020) community. Any designation or description known A: 1. Corporate surety (bond issued by an
to the locality that points out the place to the 1. Search incidental to lawful arrest authorized agent of a corporation
F. SEARCH AND SEIZURE exclusion of all others, and on inquiry leads the 2. Seizure of evidence in “plain view” authorized by law to act as surety);
officers unerringly to it, satisfies the constitutional 3. Search of a moving vehicle 2. Property bond (an undertaking constituted
Q: What is the nature of a search warrant? requirement. (Laud v. People, G.R. No. 199032, 4. Consented warrantless search as a lien on the property given as security
A: A search warrant is an order in writing issued in 2014) 5. Customs search for bail;
the name of the People of the Philippines, signed 6. Stop and frisk (Terry searches) 3. Cash deposit; and
by the judge and directed to a peace officer, Q: When does a search warrant particularly 7. Checkpoints 4. Recognizance (release of any person in
commanding him to search for personal property describe the things to be seized? 8. Exigent and emergency circumstances custody or detention for the commission of
described therein and bring it before the court. A: 9. Search of vessels and aircraft an offense who is unable to post bail due
(Rule 126, Sec. 1) a. The description therein is as specific as 10. Inspection of buildings and other premises to abject poverty). (Rule 114, Sec. 1)
the circumstances will ordinarily allow for the enforcement of fire, sanitary and
Q: Is an application for a search warrant a (People v. Rubio, 57 Phil. 384, 1932) building regulations (People v. Bacla-an Q: Distinguish Bail Bond from Recognizance
criminal action? b. The description expresses a conclusion of Lapitaje, G.R. No. 132042, February 19, A:
A: No. A warrant such as a warrant of arrest or a fact- not of law- by which the warrant 2003)
BAIL BOND RECOGNIZANCE
search warrant merely constitutes a court process. officer may be guided in making the 11. Inventory searches (Colorado v. Bertine,
It is in the nature of a criminal process akin to a search and seizure (idem., dissent of 479 US 367).
An obligation given by An obligation of
writ of discovery. It is a special and peculiar Abad Santos, J.) or
the accused with one or record, entered into
remedy, drastic in its nature, and made necessary c. Things described are limited to those Q: What are the remedies against the issuance
more sureties and before some court or
because of a public necessity. In American which bear direct relation to the offense for of a Search Warrant?
made payable to the magistrate duly
jurisdictions, from which we have taken our jural which the warrant is being issued. (Sec. 2, A:
proper officer with the authorized to take it,
concept and provisions on search warrants, such Rule 126, Revised Rules of Court; Laud v. 1. Motion to Quash the Search Warrant
condition to be void with the condition to
warrant is definitively considered merely as a People, G.R. No. 199032, 2014) 2. Motion to Suppress Evidence the object
upon performance by do some particular act
process, generally issued by a court in the illegally taken
the accused of such
exercise of its ancilliary jurisdiction. (Pilipinas Shell Q: Where is the application for a search 3. Replevin, if the objects are legally
acts as he may legally
Petroleum Corp., et al. v. Romars International warrant filed? possessed
be required to perform.
Gases., G.R. No. 189669, 2015) A: Before any court w/in whose territorial 4. Certiorari, where the search warrant is a
jurisdiction a crime was committed. (De Joya v. patent nullity.
Q: When can a search warrant or warrant of Marquez, citing Regalado, Remedial Law 5. File a complaint for damages under Art. Q: What are the bail-negating circumstances?
arrest be issued? Compendium, Vol. 1, pp. 7-9; Sps. Marimla v. 32, in relation to Art. 2219 (6) and (10) of A: If the penalty imposed by the trial court is
A: No search warrant or warrant of arrest shall People, G.R. No. 158467, 2009) the Civil Code; imprisonment exceeding 6 years, the accused
issue except upon probable cause to be 6. File an administrative case under Section shall be denied bail or his bail be cancelled upon
determined personally by the judge after Exceptions: 41 of R.A. No. 6975 a showing by the prosecution of the following:
examination under oath or affirmation of the 1. Before any court w/in the judicial region 1. Accused is a recidivist, quasi-recidivist or
complainant and the witnesses he may produce, where the crime was committed if the Q: What are the exceptions to the fruit of the habitual delinquent or has committed the
and particularly describing the place to be place of the crime is known. (A.M. No. 00- poisonous tree doctrine? crime aggravated by the circumstance of
searched and the persons or things to be seized. 5-03-SC as cited in Sps. Marimla v. A: reiteration; [Recidivist]
(PHIL. CONST. art. III, § 2) People, G.R. No. 158467, 2009) 1. Evidence obtained independently from the 2. That he has previously escaped from legal
2. Before any court w/in the judicial region misconduct (Nix v. Williams, 467 US 431, confinement, evaded sentence or violated the
Q: What are the purposes of the constitutional where the warrant shall be enforced. (A.M. 1984) condition of his bail without valid justification;
provision against unlawful searches and No. 00-5- 03-SC as cited in Sps. Marimla 2. Evidence subject to inevitable discovery [Escaped]
seizure? v. People, G.R. No. 158467, 2009) (Nix, supra.) 3. That he committed the offense while under
A: To prevent the officers of the law from violating 3. Attenuated taint (Nardone v. US. 308 US probation, parole or conditional pardon;
private security in person and property and illegally Note: In both exceptions, filing in such 388, 1939). [Probation]
invading the sanctity of the home; and give remedy courts requires compelling reasons stated 4. That the circumstances of his case indicate
against such usurpations when attempted or in the application. G. BAIL the probability of flight if released on bail;
committed. (PLDT v. Razon, G.R. No. 179408, [Flight- risk] or
2014) 3. Application shall be made only in the court Q: What is Bail? 5. That there is undue risk that he may commit
where the criminal action is pending, if A: It is the security given for the release of a another crime during the pendency of the
Q: How must be the place described in order criminal action has already been filed. person in custody of the law, furnished by him or a appeal. [Crime-risk] (Rule 114, Sec. 5)
for a warrant to be issued? (Sec. 2, Rule 126, Revised Rules of bondsman, to guarantee his appearance before
A: A description of a place to be searched is Criminal Procedure) any court as required under the conditions
sufficient if the officer with the warrant can, with hereinafter specified. (Rule 114, Sec. 1)
Q: When is bail a matter of right? prosecution refuses to present evidence complaint or information sufficient to charge him application for admission to bail shall not bar the
A: to show that the guilt of the accused is with a crime and his right to bail. (Lavides v. Court accused from:
1. Before or after conviction by the MTC; and strong for the purpose of enabling the of Appeals, G.R. No. 129670, 2000) 1. Challenging the validity of his arrest; or
2. Before conviction by RTC for all offenses court to exercise its sound discretion; 2. The legality of the warrant issued
punishable by a penalty lower than 3. Decide whether the guilt of the accused is Q: Distinguish custody of law from jurisdiction therefore; or
reclusion perpetua, death, or life strong based on the summary of evidence over the person. 3. From assailing the regularity or
imprisonment. (Rule 114, Sec. 4) of the prosecution; A: questioning the absence of a preliminary
4. If the guilt of the accused is not strong, JURISDICTION investigation of the charge against him.
CUSTODY OF LAW
Q: When is bail a matter of discretion? discharge the accused upon the approval OVER THE PERSON
A: of the bailbond (Enrile v. Sandiganbayan, Required before the Required for the PROVIDED: That the accused raises
1. Before conviction, in offenses punishable G.R. No. 213847, 2015) court can act upon the adjudication of other them before entering his plea. The court
by death, reclusion perpetua or life application for bail reliefs shall resolve the matter as early as
imprisonment Q: What are the conditions for bail? Accomplished by Acquired upon his practicable, but not later than the start of
2. After conviction by the RTC of a non- A: either arrest or arrest or voluntary the trial of the case. (Rule 114, Sec. 26)
capital offense. (Rule 114, Sec. 5) 1. The accused shall appear before the voluntary surrender appearance
proper court whenever required by the One can be under the One can be subject to Q: What happens when an accused who is
Q: When is hearing for bail mandatory? court of these Rules; custody of the law but the jurisdiction of the granted bail fails to appear before the court
A: Although in theory, the only function of bail is to 2. The failure of the accused to appear at the not yet subject to the court over his person, who requires his appearance?
ensure the appearance of the accused at the time trial without justification and despite due jurisdiction of the court and yet not be in the A: When bail is granted, the accused must appear
set for the arraignment and trial; and in practice, notice shall be deemed a waiver of his over his person, such custody of the law, whenever the court requires his presence;
bail serves the further purpose of preventing the right to be present thereat. In such case, as when a person such as when an otherwise, his bail shall be forfeited. This
release of an accused who may be dangerous to the trial may proceed in absentia; and arrested by virtue of a accused escapes authorizes the court to cancel the bail bond. Any
society or whom the judge may not want to 3. The bondsman shall surrender the warrant files a motion custody after his trial motion for bail pending appeal will also be denied
release, a hearing upon notice is mandatory accused to the court for execution of the before arraignment to has commenced because of violation of the conditions of the
before the grant of bail, whether bail is a matter of final judgment. quash the warrant previous bail. Once an accused escapes from
right or discretion. With more reason is this true in prison or confinement, jumps bail or flees to a
criminal prosecutions of a capital offense, or of an The undertaking shall be effective upon Jurisdiction over the person of the accused is foreign country, he loses his standing in court.
offense punishable by reclusion perpetua or life approval, and unless cancelled, shall remain acquired upon his arrest or voluntary appearance. Unless he surrenders or submits to the jurisdiction
imprisonment. in force at all stages of the case until One can be under the custody of the law but not of the court, he is deemed to have waived any
promulgation of the judgment of the Regional yet subject to the jurisdiction of the court over his right.
Even if the accused did not file an application for Trial Court, irrespective of whether the case person, such as when a person is arrested by
bail and even if the public prosecutor had was originally filed in or appealed to it. (Rule virtue of a warrant files a motion before Q: What happens when an accused violates
recommended bail, a hearing should still be held. 114, Sec. 2) arraignment files a motion before arraignment to the conditions of bail while pending appeal?
Such hearing is separate and distinct from the quash the warrant. On the other hand, one can be A: The Court may, at the instance of the appellee
initial hearing to determine the existence of Q: Is arraignment required before the granting subject to the jurisdiction of the court over his or its own motion, dismiss the appeal. (Rule 124,
probable cause. (Atty. Franklin G. Gacal v. Judge of bail? person yet not be in the custody of the law, such Sec. 8)
Jaime I. Infante, A.M. No. RTJ-04-1845, 2011) A: No. Bail does not require arraignment. As long as when an accused escapes custody after his trial
as there is deprivation of liberty or voluntary has commenced. Being in the custody of the law Q: What factors may the Court consider in
Petitions for Bail must be resolved within the non- surrender, one can apply for bail. (Serapio v. signifies restraint on the person, [it] is literally setting the amount of bail?
extendible period of 30 days, except in drug cases Sandiganbayan, G.R. No. 148468, 2003) custody over the body of the accused. (David v. A:
which shall be 20 days. (Continuous Trial Agbay, G.R. No, 199113, 2015). 1. Financial ability of the accused to give
Guidelines, A.M. No. 15-06-10-SC, 11(a)). The trial court could ensure the presence of the bail;
accused at the arraignment precisely by granting Custody of the law is required before the court can 2. Nature and circumstances of the offense;
Q: What are the duties of a trial judge in a bail and ordering his presence at any stage of the act upon the application for bail, but is not required 3. Penalty for the offense charged;
petition for bail in offenses punishable by proceedings such as arraignment. (Rule 114, Sec. for the adjudication of other reliefs sought by the 4. Character and reputation of the accused;
reclusion perpetua, life imprisonment, or 2) defendant where the mere application therefor 5. Age and health of the accused;
death? constitutes a waiver of the defense of lack of 6. Weight of the evidence against the
A: Requiring arraignment would place the accused in jurisdiction over the person of the accused. (M. DE accused;
1. In all cases, whether bail is a matter of a position where he has to choose between 1) LEON) 7. Probability of the accused appearing at
right or of discretion, notify the prosecutor filing a motion to quash and thus delay his release the trial;
of the hearing of the application for bail or on bail and; 2) foregoing the filing of a motion to Q: Is the application for bail a bar to objections 8. Forfeiture of other bail;
require him to submit his recommendation quash so that he can be arraigned at once and on illegal arrest, lack of or irregular preliminary 9. The fact that the accused was a fugitive
2. Where bail is a matter of discretion, thereafter be released on bail. These scenarios investigation? from justice when arrested; and
conduct a hearing of the application for certainly undermine the accused’s constitutional A: Bail is not a bar to objections on illegal arrest, 10. Pendency of other cases where the
bail regardless of whether or not the right not to be put on trial except upon valid lack of or irregular preliminary investigation. An accused is on bail (Rule 114, Sec. 9).
Q: Where may Bail be filed? arraigned within 10 days from receipt by the of not guilty. No amendment to the complaint or A:
A: Bail, Where Filed judge of the records of the case. [R.A. 8493 information is necessary. (Rule 116, Sec. 2) 1. Plea of guilty was compelled by violence
1. May be filed with the court where the case is Speedy Trial Act] or intimidation
pending: (e.g., if a case for homicide is 2. Where the complainant is about to depart from Plea to lesser offense after trial has begun. 2. Accused did not fully understand the
pending before Branch 1 of RTC Manila, the the Philippines with no definite date of return, After the prosecution has rested its case, a change meaning and consequences of his plea
accused should post/file bail in Branch 1); the accused should be arraigned without of plea to a lesser offense may be granted by the 3. Insufficient information to sustain
2. In the absence or unavailability of the judge delay. [R.A. 4908] judge, with the approval of the prosecutor and the conviction of the offense charged
thereof, with the regional trial judge or any first 3. Cases under R.A. 7610 (Child Abuse Act), the offended party if the prosecution does not have 4. Information does not charge an offense
court judge in the province, city or municipality; trial shall be commenced within 3 days from sufficient evidence to establish the guilt of the 5. Court has no jurisdiction
3. If the accused was arrested in a province, city arraignment. accused for the crime charged. The judge cannot
or municipality other than where the case is 4. Cases under the Dangerous Drugs Act. on its own grant the change of plea. (People vs. Q: Must a Court remand the case for further
pending, bail may be filed with the RTC of the 5. Cases under SC AO 104-96, i.e., heinous Kayanan, G.R. No. L-39355, 1978) proceedings if there is a finding of an
said place or if no judge is available, with any crimes, violations of the Intellectual Property improvident plea?
first court judge therein; Rights Law, these cases must be tried Q: What should the court do when the accused A: It depends. Where there is an improvident plea
4. Where bail is a matter of discretion or the continuously until terminated within 60 days pleads guilty to a capital offense: of guilt, but the prosecution was able to prove
accused seeks to be released on from commencement of the trial and to be A: beyond reasonable doubt the guilt of the accused,
recognizance, it may only be filed in the court decided within 30 days from the submission of 1. Conduct a searching inquiry into the no remand is necessary for so long as there is no
where the case is pending, whether on trial or the case. voluntariness and full comprehension of procedural unfairness or irregularity.
appeal; the consequences of the plea.
5. Any person not yet charged in court may apply Q: What is plea bargaining? 2. Require prosecution to present evidence Where there is an improvident plea of guilt, but the
for bail with any court in the province, city or A: Plea Bargaining is the process whereby the to prove the guilt and precise degree of prosecution was unable to prove beyond
municipality where he is held; accused, the offended party and the prosecution culpability of the accused reasonable doubt the guilt of the accused, remand
6. If the accused was convicted and the nature of work out a mutually satisfactory disposition of the 3. Ask the accused if he desires to present for further proceedings is necessary.
the offense changed from non-bailable to case subject to the court’s approval. It usually evidence in his behalf and allow him to do
bailable, the application can be made with and involves the defendant’s pleading guilty to a lesser so if he desires. (Rule 116, Sec. 3) EXCEPTION: Where the prosecution was still
resolved by the appellate court (Rule 114, offense or to only one or some of the counts of a unable to prove beyond reasonable doubt despite
Sec. 17) multi-count indictment in return for a lighter Q: What are the elements of a searching multiple chances to do so, no remand is
sentence than that for the graver charge. (Daan v. inquiry? necessary, and acquittal should follow. (PP v.
H. ARRAINGMENT AND PLEA Sandiganbayan, G.R. No. 163972-77, 2008) A: Pagal, G.R. No. 241257, 2020)
1. Judge must convince himself that accused
Q: What is Arraignment? NOTE: Acceptance of an offer to plead guilty is not is entering the plea voluntarily and Q: What are the grounds for suspension of
A: Arraignment means the proceeding in a a demandable right but depends on the consent of intelligently. arraignment?
criminal case, whose object is to fix the identity of the offended party and the prosecutor. It is further 2. Judge must convince himself that there A:
the accused, to inform him of the charge and to addressed to the sound discretion of the trial court. exists a rational basis for the finding of 1. There exists a prejudicial question
give him an opportunity to plead, or to obtain from (Estipona v. Lobrigo, G.R. No. 226679, 2017) guilt based on accused’s testimony. 2. Accused appears to be suffering from an
the accused his answer, in other words, his plea to 3. Inform the accused of the exact length of unsound mental condition which renders him
the information. (People v. Pillado, G.R. No. L- Q: When may accused enter a plea of guilty to imprisonment and the certainty that he will unable to understand the charge against him
7254, 1954) a lesser offense? serve it in a national penitentiary (People and to plead intelligently thereto.
A: v. Dayot, G.R. No. 88281, July 20, 1990). 3. There is a petition for review pending before
Q: When should arraignment be held? Plea to Lesser Offense During Arraignment. the DOJ or Office of the President, however
A: Accused should be arraigned within 30 days During arraignment, the accused may enter a plea Q: What is an improvident plea? the period of suspension shall not exceed 60
from the date the court acquires jurisdiction over of guilty to a lesser offense PROVIDED there is A: It is a plea without information as to all the days counted from the filing of the petition for
his person, unless a shorter period is provided for consent of the offended party AND of the circumstances affecting it; based upon a mistaken review.
by law. The time of the pendency of a motion to prosecutor to the plea of guilty to a lesser offense assumption or misleading information or advice. In
quash or a bill of particulars or other causes that is necessarily included in the offense charged. such a case, conviction will be set aside if the plea NOTE: While the pendency of a petition for review
justifying suspension of arraignment shall be The accused may also enter a plea of guilty to a of guilty is the sole basis for the judgment. is a ground for suspension of the arraignment, the
excluded in computing the period. (Rule 116, Sec. lesser offense if the offended party was notified However, the court may validly convict the Rules on Criminal Procedure limits the deferment
1[g]) and did not appear in the arraignment of the accused if such conviction is supported by of the arraignment to a period of 60 days reckoned
accused. (Rule 116, Sec. 2) adequate evidence of guilt independent of the plea from the filing of the petition with the reviewing
Q: What are the instances where the law itself. office. It follows, therefore, that after the expiration
provides a shorter period of time? Plea to lesser offense after arraignment but of said period, the trial court is bound to arraign the
A: before trial. After arraignment but before trial, the Q: In what instances is there an improvident accused or to deny the motion to defer
1. When an accused is under preventive accused may still be allowed to plead guilty to a plea? arraignment. The trial court has to set the date of
detention, his case should be raffled within 3 lesser offense after withdrawing his previous plea arraignment even before the lapse of 60 days.
days from filing and the accused shall be (Aguinaldo vs. Ventus, G.R. No. 176033, 2015)
I. MOTION TO QUASH MOTION TO QUASH DEMURRER TO GROUNDS EFFECT

Q: Are there instances where double jeopardy
cannot be invoked despite the presence of a
EVIDENCE
Q: What are the grounds for a motion to prior conviction?
• Criminal action or Court must state, in
quash? A: When Double Jeopardy shall NOT apply
If denial is with grave If denied, shall not be liability has been its order granting
A: despite a prior conviction:
abuse of discretion, reviewable by appeal extinguished the motion, the
1. Facts charged do not constitute an offense 1. Graver offense developed due to
then certiorari or or certiorari before • Averments would release of the
2. Court has no jurisdiction over offense charged supervening facts arising from the same
prohibition lies judgment but may be constitute a legal accused if he is in
3. Court has no jurisdiction over the person of the act or omission constituting the former
reviewable via Rule 65 excuse or custody or the
accused charge
(Choa v. Choa, G.R. justification cancellation of his
4. Officer who filed the information had no 2. Facts constituting graver charge were
No. 143376. 2002). • Accused has been bond if he is on bail
authority to do so discovered only after a plea was entered
previously in the former complaint or information
5. Does not conform substantially to the
Q: What is the effect of failing to assert any convicted or 3. Plea of guilty to a lesser offense was
prescribed form
grounds for quashal of the Information prior to acquitted of the made without consent of the prosecutor
6. More than one offense is charged except
arraignment? offense charged and of the offended party except if they fail
when a single punishment for various offense
is prescribed by law A: Failure to assert or timely assert a motion to to appear in any of these cases, where the
quash shall be deemed a waiver of any objections Court has no Court should accused satisfies or serves the whole or in
7. Criminal action or liability has been
(Rule 117, Sec. 9) jurisdiction over the remand or forward
extinguished by prescription part the judgment, he shall be credited
offense the case to the with the same in the event of conviction for
8. Contains averments w/c, if true, would
When the accused fails, before arraignment, to proper court, not to
constitute a legal excuse or justification the graver offense (Rule 117, Sec. 7)
move for the quashal of such information and goes quash the complaint
9. Accused has been previously convicted or 4. Prior conviction was not made by a
to trial thereunder, he thereby waives the objection or information
acquitted of offense charged, or case has competent court.
been dismissed or otherwise terminated w/o and may be found guilty of as many offenses as
the express consent of the accused (double those charged in the information and proved Q: May certiorari be brought against a denial of In a case, MeTC took cognizance of the
jeopardy). (Rule 117, Sec. 3) during trial. (Escandor v. People, G.R. No. a Motion to Quash? Information for reckless imprudence resulting in
211962, 2020) A: A petition for certiorari is not the proper remedy parricide while the criminal case for parricide was
Q: Distinguish Motions to Quash from absent any showing of arbitrariness or grave still pending before the RTC.
Demurrers to Evidence EXCEPTION: When the Motion to Quash is based abuse of discretion. The remedy is for the movant
A: on any of the following grounds: to go to trial without prejudice to reiterating the As the offense of reckless imprudence resulting in
1. Facts charged do not constitute an defenses invoked in the motion to quash. In case parricide was included in the charge for intentional
MOTION TO QUASH DEMURRER TO offense parricide pending before the RTC, the MeTC
of conviction, he may appeal and assign as error
EVIDENCE 2. Lack of jurisdiction over the offense clearly had no jurisdiction over the criminal case
the denial of the motion to quash. (Lalican v.
charged Vergara, G.R. No. 108619, July 31, 1997) filed before it, the RTC having retained jurisdiction
Filed before the Filed after the 3. Extinction of action or liability over the offense to the exclusion of all other courts.
defendant enters his prosecution has rested 4. Double Jeopardy Q: What are the requisites required to invoke The requisite that the judgment be rendered by a
plea its case
double jeopardy? court of competent jurisdiction is therefore absent.
Q: What is the effect of sustaining a Motion to A: (Heirs of Jane Honrales vs. Honrales, G.R. No.
Does not require prior May be filed either with
Quash? 1. First Jeopardy must have attached 182651, 2010)
leave of court or without leave of court
A: a. Accused must have been convicted or
Based on matters Predicated upon acquitted, or the case against him was When an accused appeals from the sentence of
GROUNDS EFFECT
found on the complaint matters outside of the dismissed or terminated without his the trial court, he waives the constitutional
or information complaint or express consent safeguard against double jeopardy and throws the
• Facts charged do Court may order
information such as the that another b. Made by a court of competent whole case open to the review of the appellate
not constitute an
evidence or lack of it jurisdiction court. (People v. Torres, G.R. No. 189850, 2014).
offense information be filed
or an amendment c. Valid complaint or information
• Officer who filed the
If granted, dismissal of If granted, is deemed thereof be made d. Accused has been arraigned
information had no
the case will not an acquittal of the 2. First jeopardy must have been validly Q: What are the requisites of a provisional
authority to do so
necessarily follow accused and terminated dismissal?
• It does not conform A:
subsequent 3. The second jeopardy must be for the same
substantially to the 1. Consent of the Prosecutor
[See Sections 5 and 6 prosecution will violate offense or the second offense includes or is
prescribed form 2. Consent of the accused;
of this Rule, where the rule on double necessarily included in the offense charged in
• More than one the first information or is an attempt or 3. Notice to the Offended Party; and
another complaint or jeopardy offense is charged
information may be frustration thereof. (Rule 117, Sec. 7) 4. The Public Prosecutor is served with a
filed by order of the copy of the order of provisional dismissal.
court] (Rule 117, Sec. 8)
Q: Are there exceptions to the general rule on 3. Marking for identification of evidence Substantial compliance with the time limitation
FOR THE
provisional dismissals? 4. Waiver of objections to admissibility of prescribed by the law for the resolution of the case FOR THE ACCUSED
PROSECUTION
A: Yes. The general rule provides that a criminal evidence by the prosecutor is part of the procedural due
case that results in an acquittal with the consent or 5. Modification of the order of trial if the process guaranteed by the Constitution. Not only
EXAMINATION BEFORE WHOM
upon motion of the accused will not constitute accused admits the charge but interposes under the broad umbrella of the due process
double jeopardy. The exceptions would include the a lawful defense clause, but under the constitutional guarantee of
• Any judge in the PH • Before the court or
following: 6. Such matters as will promote a fair and “speedy disposition” of cases as embodied in
1. Insufficiency of evidence expeditious trial of the criminal and civil Section 16 of the Bill of Rights, the inordinate delay • Any lawyer good judge where the
standing case is pending
2. Denial of the right to a speedy trial aspects of the case (Rule 118, Sec. 1) is violative of the petitioner's constitutional rights.
(Philippine Savings Bank v. Bermoy, (Tatad v. Sandiganbayan, G.R. No. 72335-39, designated by the
G.R. No. 151912, September 26, 2005) All proceedings during the pre-trial shall be 1988). judge
recorded, the transcripts prepared and the minutes • An inferior court if
Q: When does a provisional dismissal become signed by the parties and/or their counsels. (I-B[9], Q: When can a trial be suspended on account ordered by a
final? A.M. No. 03-1-09-SC) of the absence of a witness? superior court
A: A: A motion to postpone is prohibited except upon
Q: Who is in charge of questioning in pre-trial? grounds of, among others, physical inability of the Q: What are the requisites of a trial in absentia?
PENALTY PERIOD OF
A: During the pre-trial, the judge shall be the one witness to appear and testify. However, the A:
NON-REVIVAL
to ask questions on issues raised therein and all moving party shall be warned that the presentation 1. Accused has already been arraigned
questions must be directed to him to avoid of evidence must still be concluded on the date 2. Accused has been duly notified of the trial
Penalty is 6 years and 1 year after issuance
hostilities between parties. (I-B[7], A.M. No. 03-1- previously agreed upon. (Continuous Trial or hearings
below, or a fine of any of order
09-SC) Guidelines. Part III(2)(d)). 3. Absence of the accused is unjustified
amount, or both
(Bernardo v. People, G.R. No. 166980,
Penalty exceeds 6 2 years after issuance K. TRIAL Q: How may witnesses be compelled to April 4, 2007)
years of order testify?
Q: What are the instances when presence of A: When the court is satisfied, upon proof or oath, Q: Who are State Witnesses?
the accused is required by law? that a material witness will not testify when A: One of two or more persons jointly charged with
J. PRE-TRIAL A: Accused is required to be present during: required, it may, upon motion of either party: the commission of a crime but who is discharged
1. At arraignment and plea, whether of 1. Order witness to post bail with his consent as such accused so that he may
Q: Where is pre-trial mandatory? innocence or of guilt; 2. If a witness refuses to post bail, the court be a witness for the State (PP v. Ferrer, 1996).
A: It is mandatory in: 2. During trial, whenever necessary for shall commit him to prison until he
1. Sandiganbayan identification purposes; complies or testifies (Rule 119, Sec. 14). Q: What are the requisites for being
2. Regional Trial Court 3. Whenever required by the court for discharged as a State Witness?
3. Metropolitan Trial Court, Municipal Trial purposes of identification; and at Q: When can witnesses be examined before A: For an accused to be discharged to be a state
Court in Cities, Municipal Trial Court, 4. Promulgation of sentence. Exception: In trial? witness, the following elements must concur:
Municipal Circuit Trial Court (Rule 118, light offenses, when the accused may A:
Sec. 1) appear by counsel or representative. 1. There is absolute necessity for the
(People v. De Grano, G.R. No. 167710, testimony of the accused whose
FOR THE
Q: What are the purposes of pre-trial? 2009) FOR THE ACCUSED discharge is requested
PROSECUTION
A:
1. To simplify the issues Q: What is the effect of failure to comply with Note: Absolute necessity exists for the
GROUNDS / WITNESS IS:
2. To shape up the testimonial and the period to conduct trials? testimony of an accused sought to be
documentary evidence A: Subject to the delays provided for in the Speedy discharged when he or she alone has
3. To clear the desks for trial Trial Act of 1998, Rule 119, and the Continuous • Sick, infirm or • Sick, infirm or knowledge of the crime. In more concrete
Trial Guidelines, the case against the detained unavailable unavailable terms, necessity is not there when the
Pre-trial is not a mere technicality in court accused may be dismissed on ground of denial of • Resides more than • About to depart testimony would simply corroborate or
proceedings for it serves a vital objective: the the right to speedy trial in the event of failure to 100km from the from the PH with otherwise strengthen the prosecution’s
simplification, abbreviation, and expedition of trial, observe the prescribed time limits (Section 9, A.M. place where the no definite date of evidence. (Jimenez v. People, G.R. No.
if not indeed its dispensation. (Tolentino v. Heirs of No. 12-11-2-SC, 2014). hearing is to be return 209195, 2014)
Laurel-Ascalon, G.R. No. 181368, 2012) conducted and has
Accused has the burden of proving the motion no means to attend 2. No other direct evidence available for the
Q: What are the matters considered during BUT the prosecution has the burden of going the same prosecution
pre- trial? forward with the evidence to establish the • Other similar 3. Testimony of said accused can be
A: The matters considered in a pre-trial are: exclusion of time. circumstances substantially corroborated in its material
1. Plea bargaining points
2. Stipulation of facts
The rules require that the testimony of the Q: Distinguish Demurrers in Civil and Criminal Judgment is not rendered defective just because An offense charged necessarily includes the
accused sought to be discharged be cases: of the absence of a declaration of guilt beyond offense proved when some essential elements of
substantially corroborated in its material A: reasonable doubt in the dispositive portion (D' the former, as alleged in the complaint or
points, and not on all points. (Jimenez v. Aigle v. People, G.R. No. 174181, June 27, 2012). information, constitute the latter.
People, G.R. No. 209195, 2014)
Q: What are the contents of a judgment of An offense charged is necessarily included in the
4. Accused does not appear to be the most Acquittal? offense proved when the essential ingredients of
Based on plaintiff’s Predicated upon
guilty; AND A: It must state whether or not evidence of the the former constitute the latter.
failure to prove his insufficiency of evidence
prosecution:
entitlement to relief
Note: By jurisprudence, "most guilty" refers to 1. Absolutely failed to prove guilt If there is variance, the accused can only be
the highest degree of culpability in terms of 2. Merely failed to prove guilt beyond convicted of the lesser offense which is included in
Requires no prior leave May be filed with or
participation in the commission of the offense reasonable doubt the graver offense. (People v. Pareja, G.R. No.
of court without leave of court
and does not necessarily mean the severity of 202122, 2014)
the penalty imposed. While all the accused In either case, judgment shall determine if the act
may be given the same penalty by reason of Defendant may still If denied, accused may or omission from which the civil liability might arise Q: When does a judgment become final?
conspiracy, yet one may be considered to adduce evidence if adduce evidence only if did not exist (Rule 120, Sec. 2) A: Judgment becomes final after:
have lesser or the least guilt taking into denied the demurrer was filed 1. Lapse of period for appeal
account his degree of participation in the with leave of court In both cases, the judgment must be in writing, in 2. Sentence partially or totally served
commission of the offense. (Jimenez v. the official language, personally and directly 3. Accused waives in writing his right to
Plaintiff may appeal if No appeal if granted
People, G.R. No. 209195, 2014) prepared by the judge, signed by the judge and appeal
granted, and if
contains clearly and distinctly a statement of the 4. Accused has applied for probation
reversed, defendant is
5. Accused has never been convicted of a facts and the law upon which it is based. (Rule
deemed to have
crime involving moral turpitude (Rule 119, 120, Sec. 1) Exception is when the death penalty is
waived his right to
Sec. 17). imposed. (Teodoro vs. Court of Appeals and
present his evidence
Q: What are the rules on judgment for two or People, G.R. No. 103174, 1996)
Q: What is a demurrer to evidence? more offenses charged in the complaint or
It is the defendant who The court may, in its own
A: A motion to dismiss filed by the accused after information? Q: What are the effects of the accused’s failure
invokes a demurrer by initiative, dismiss the
the prosecution has rested its case; the grounds A: Accused may file a motion to quash. If accused to appear at the promulgation of judgment?
moving for the action after giving the
being insufficiency of the evidence of the fails to object to it before trial, the accused is A: The accused who fails to appear at the
dismissal of the case. prosecution an
prosecution. (Sec, 23, Rule 119, Revised Rules of deemed to have waived the defect and the court promulgation of the judgment of conviction loses
The court does not do opportunity to be heard.
Criminal Procedure) may convict him of as many offenses as charged the remedies available under the Rules of Court
so on its own initiative.
and proved, and impose a penalty for each against the judgment, specifically: (a) the filing of
Q: What is the effect of a grant of a demurrer to offense. (Rule 120, Section 3) a motion for new trial or for reconsideration (Rule
evidence? L. JUDGMENT While Sec. 13 of Rule 110 frowns upon multiple 121), and (b) an appeal from the judgment of
A: It has long been settled that the grant of a offenses being charged in a single information, the conviction (Rule 122).
demurrer is, as regards the guilt of the accused, Q: What are the contents of a judgment of failure to raise this issue during arraignment
tantamount to an acquittal. An acquitted defendant conviction? amounts to a waiver, and the objection can no However, the Rules of Court permits him to regain
is entitled to the right of repose as a direct A: longer be raised on appeal. (Abalos v. People, his standing in court in order to avail himself of
consequence of the finality of its acquittal. (People 1. Legal qualification of the offense G.R. No. 136994, 2002) these remedies within 15 days from the date of
v. Lagos, G.R. No. 184658, March 6, 2013) constituted by the acts committed by the promulgation of the judgment conditioned upon:
accused Q: What is the rule for judgment in case of (a) his surrender; and (b) his filing of a motion for
Q: What is the effect of a grant of a demurrer to 2. Aggravating and mitigating circumstances variance between allegation and proof? leave of court to avail himself of the remedies,
evidence? 3. Participation of the accused whether as A: stating therein the reason for his absence. Should
A: principal, accomplice or accessory General Rule: The accused may be convicted the trial court find that his absence was for a
4. Penalty imposed only of the crime with which he is charged. justifiable cause, he should be allowed to avail
WITH LEAVE OF WITHOUT LEAVE OF 5. Civil liability or damages, unless reserved himself of the remedies within 15 days from notice
COURT COURT or waived (Rule 120, Sec. 2) Exception: Rule on Variance. When there is of the order finding his absence justified and
variance between the crime charged and the crime allowing him the available remedies from the
Accused may still Accused waives the right Well-entrenched in jurisprudence is the rule that proved, and the offense as charged is included or judgment of conviction (Rule 120, Sec. 6)
adduce evidence in his to present evidence and the conviction of the accused must rest, not on the necessarily includes offense proved, the accused (Salvador v. Chua, G.R. No. 212865, 2015)
defense. submits the case for weakness of the defense, but on the strength of shall be convicted of the offense proved which is
judgment. (Rule 119, the prosecution. The burden is on the prosecution included in the offense charged, or of the offense Q: What is the period for moving for the
Sec. 23). to prove his guilt beyond reasonable doubt. (Chua charged which is included in the offense proved. modification of Judgment?
i. Court of Appeals, 520 SCRA 729, 2007) (People v. Chi Chan Liu, G.R. No. 189272, 2015) A: A judgment of conviction may be modified or set
aside upon motion of the accused, before the
judgment becomes final or before appeal is The rule does not provide for a motion for new merits, even in an appellate court, is to put him a A:
perfected. (Rule 120, Sec. 7). trial by the prosecution as the reopening of the second time in jeopardy for the same offense. 1. Failure to serve and file the required number
case would result in double jeopardy. (Central Bank of the Phils. v. CA, G.R. No. 41859, of copies of his brief or within the time provided
Q: Distinguish Modification of Judgment from 1989) by these Rules
New Trial. Q: What are the grounds for reconsideration? 2. Appellant escapes from prison or
A: A: A motion for reconsideration may be filed upon Despite acquittal, however, either the offended confinement, jumps bail, or flees to a foreign
any of the following grounds: party or the accused may appeal, but only with country during the pendency of the appeal;
1. Errors of law. respect to the civil aspect of the decision. Or, said 3. Failure of the record on appeal to show on its
MODIFICATION OF NEW TRIAL
2. Errors of fact in the judgment. judgment of acquittal may be assailed through a face that the appeal was taken within the
JUDGMENT
petition for certiorari under Rule 65 of the Rules of period fixed by the Rules
Q: When may a new trial be granted on the Court showing that the lower court, in acquitting 4. Failure to file the notice of appeal or the record
No new hearings or Irregularities are
basis of newly discovered evidence? the accused, committed not merely reversible on appeal within the period prescribed by the
proceedings of any expunged from the
A: The following elements must concur errors of judgment, but also exercised grave abuse Rules;
kind or change in the record and/or new
1. New evidence discovered after trial of discretion amounting to lack or excess of 5. Failure of the appellant to pay docket and
record or evidence. A evidence is
2. It could not have been previously jurisdiction, or a denial of due process, thereby other lawful fees;
simple modification is introduced.
discovered and produced at the trial even rendering the assailed judgment null and void. 6. Unauthorized alterations, omissions, or
made on the basis of
with reasonable diligence (AAA v. CA, G.R. No. 183652, 2015) additions in the approved record on appeal
what is on record.
3. It is new and material evidence 7. Absence of specific assignment of error in the
4. If introduced and admitted, it would NOTE: On the possibility of a special civil action to appellant’s brief, or of page references to the
Q: May an accused apply for probation after probably change judgment (Ybiernas v. question an acquittal, the Supreme Court has record as required; and
perfecting an appeal? Tanco- Gabaldon, G.R. No. 179825, stated that double jeopardy cannot be invoked 8. Failure of the appellant to take the necessary
A: No application for probation shall be 2011) against the setting aside of a trial courts' judgment steps for the correction or completion of the
entertained or granted if the defendant has of dismissal or acquittal where the prosecution record within the time limited by the court in its
perfected the appeal from the judgment of NOTE: A new trial may not be had on the basis of which represents the sovereign people in criminal order
conviction (Sec. 1, RA 10707). Appeal and evidence which was available during trial but was cases is denied due process. (Galman v.
probation are mutually exclusive remedies. Implicit not presented due to its negligence. (People v. Sandiganbayan, G.R. No. 72670, 1986). Q: What is the effect on civil liability if an
in an application for probation is an admission of Senit, G.R. No. 192914, 2016) Accused dies pending appeal?
guilt (Almero v. PP, G.R. No. 188191, 2014). Q: What happens when the accused appeals a A:
Q: Does the Neypes Rule apply to criminal judgment? 1. Death of the accused pending appeal of
EXCEPTION: When a judgment of conviction cases? A: In an appeal by an accused, he waives his right his conviction extinguishes his criminal
imposing a non-probationable penalty is appealed A: Yes. A party shall have a fresh period of 15 not to be subject to double jeopardy. An appeal in liability as well as the civil liability based
or reviewed, and such judgment is modified days to file a notice of appeal to the RTC from a criminal case opens the entire case for review on solely thereon.
through the imposition of a probationable penalty, receipt of the order denying a motion for new trial any question including one not raised by the
the defendant shall be allowed to apply for or motion for reconsideration. (Neypes vs. CA, parties. (People v. Reynaldo Torres, G.R. No. 2. Corollarily, the claim for civil liability
probation based on the modified decision before G.R. No. 141524, 2005) This rule applies in 189850, 2014) survives notwithstanding the death of
such decision becomes final (Sec. 1, RA 10707). criminal cases under Section 6 of Rule 122 of the accused, if the same may also be
Revised Rules of Criminal Procedure. (Yu vs. Q: What is the effect of an appeal by any of predicated on a source of obligation other
M. NEW TRIAL OR RECONSIDERATION Tatad, G.R. No. 170979, 2011) several accused? than delict.
A: An appeal taken by one or more of several a. Law;
Q: What are the grounds for a new trial? N. APPEAL accused shall not affect those who did not appeal, b. Contracts;
A: A motion for new trial may be filed upon any of except insofar as the judgment of the appellate c. Quasi-contracts; and
the following grounds: Q: Who may appeal? court is favorable and applicable to him. Appeal of d. Quasi-delicts. (Civil Code, Art.
1. Errors of law during trial A: Any party may appeal from a judgment or final the offended party of the civil aspect shall not 1157)
2. Irregularities prejudicial to the substantial order, unless the accused will be placed in double affect the criminal aspect of the judgment or order
rights of the accused during trial jeopardy. Note that since the rule refers to “any appealed from. 3. Where the civil liability survives, as
3. New and material evidence has been party,” the prosecution may appeal provided the explained in Number 2 above, an action
discovered accused will not be placed in double jeopardy. Upon perfection of appeal, the execution of for recovery therefor may be pursued but
(Sec. 1, Rule 122, Revised Rules on Criminal judgment or final order appealed from shall be only by way of filing a separate civil action
NOTE: A new trial can be granted only Procedure) stayed as to the appealing party. (Rule 122, Sec. and subject to Rule 111, Sec. 1.
1. On motion of the accused; or 11)
2. On motion of the court but with the Q: Can the prosecution appeal a judgment of This separate civil action may be enforced
consent of the accused. acquittal? Q. On what grounds may an appeal be either against the executor/administrator
A: The prosecution cannot appeal from a dismissed? or the estate of the accused, depending
judgment of acquittal because a verdict of that on the source of obligation upon which the
nature is immediately final and to try him on the same is based as explained above.
together with the judicial affidavits submitted. (Sec. there is NO OTHER AVAILABLE ADEQUATE or advantage (Olongapo City v. Subic Water and
Finally, the private offended party need 2.4). REMEDY and for the following grounds -- fraud, Sewerage, G.R. No. 171626, 2014).
not fear a forfeiture of his right to file this accident, mistake or excusable negligence. It is
separate civil action by prescription, in P. PROVISIONAL REMEDIES IN filed with the same court which rendered the Q: Is execution a matter of right?
cases where during the prosecution of the CRIMINAL CASES judgment. (Tuason v. CA, G.R. No. 116607, 1996). A: Execution is a matter of right on motion either
criminal action and prior to its extinction, upon judgment or order that disposes of the action
the private offended party instituted Q: What are the provisional remedies available Q: What are the grounds for availing the or proceeding, upon expiration of the period to
together therewith the civil action. In such to criminal cases? remedy? appeal therefrom and no appeal has been duly
case, the statute of limitations on the civil A: A: A petition for Relief may be filed based on the perfected, or when an appeal has been duly
liability is deemed interrupted during the 1. Attachment (Rule 57) following grounds: perfected and resolved with finality. (Rule 39, Sec.
pendency of the criminal case, 2. Injunction (Rule 58) 1. When a judgment or final order is entered 1).
conformably with provisions of Article 3. Receivership (Rule 59) into, or any other proceeding is thereafter
1155 of the Civil Code, that should thereby 4. Replevin (Rule 60) taken against the petitioner in any court Q: Is there discretionary execution?
avoid any apprehension on a possible 5. Support pendente lite (Rule 61) through fraud, accident, mistake or A: Yes, in two instances. Execution of a judgment
deprivation of right by prescription. excusable negligence; or or a final order pending appeal and execution of
(People v. Lipata, G.R. No. 200302, 2016) To avail of a provisional remedy in a criminal 2. When the petitioner has been prevented several, separate, or partial judgments (Rule 39,
action, it must be one with a corresponding civil from taking an appeal by fraud, accident, Sec. 2).
O. CYBERCRIBE WARRANTS liability, which must be one arising from the mistake or excusable negligence (City of
offense charged. If the civil action has been Dagupan v. Maramba, G.R. No. 17441, Q: What are the requisites of execution
Q: Where may applications for the issuance of waived, reserved, or instituted separately, a 2014). pending appeal?
a cyber-crime warrant be filed? provisional remedy may not be availed of in the A:
A: In the same venue where criminal actions for criminal action. Instead, the provisional remedy Q: When must a petition for relief from 1. Motion for execution filed by the prevailing
violation of the Cybercrime Act may be filed, should be applied for in the separate civil action judgment be filed? party;
namely, before a cybercrime court of the province instituted. (Rule 127, Sec. 1) A: The petition shall be filed within sixty (60) days 2. Notice of the motion to adverse party; and
or city where – after the petitioner learns of the judgment, final 3. Good reasons stated in a special order after
(i) The offense or any of its elements is Q: When is attachment proper? order or proceeding, and NOT more than six (6) due hearing. (Rule 39, Sec. 2)
committed A: months after such judgment or final order was
(ii) Any part of the computer system used 1. Accused is about to abscond from the entered, or such proceeding was taken (Rule 38, Q: Against whom can a writ of execution be
is situated Philippines; Sec. 3). issued against?
(iii) Any of the damage caused to a 2. Criminal action is based on a claim of money A: A writ of execution can only be issued against
natural or juridical person took place or property embezzled or fraudulently Note: “such proceeding” refers to filing of motion a party and not to strangers to a case or those who
(Section 2.1). misapplied or converted; for execution. did not have his day in court (Olongapo City v.
3. When the accused has concealed, removed, Subic Water and Sewerage Co., Inc., G.R. No.
Note: All other crimes committed by, or disposed of his property, or is about to do S. EXECUTION, SATISFACTION, AND 171626, 2014).
through, and with the use of ICT shall be so; and EFFECT OF JUDGMENTS
filed before the regular or other specialized 4. When the accused resides outside the Q: Is an appeal from the decision in an action
regional trial courts. Philippines. (Rule 127, Sec. 2) for revival of judgment allowed?
5. Note that under R.A. 9208, or the Anti- Q: How should a judgment be executed? A: Yes. The party aggrieved may appeal the
However, the cybercrime courts in Quezon Trafficking in Persons Act, the court may A: Judgment should be executed on motion within decision but only insofar as the merits of the action
City, the City of Manila, Makati City, Pasig motu propio issue attachment and injunction. five (5) years from entry; or by filing an for revival is concerned. The original judgment,
City, Cebu City, Iloilo City, Davao City and independent action for revival of judgment after which is already final and executory, may no
Cagayan De Oro City shall have the Q. APPEAL & ANNULMENT OF five (5) years but before ten (10) years from entry. longer be reversed, altered, or modified (Heirs of
special authority to act on applications and JUDGMENTS The revived judgment may be enforced by motion Miranda v. Miranda, G.R. No. 179638, 2013).
issue warrants which shall be enforceable five (5) years from date of its entry; or by action,
nationwide and outside the Philippines. after the lapse of five (5) years, before it is barred Q: What is the remedy of the third party
See discussions on APPEALS (Rules 41, 45)
(Sec. 2.2). by the statute of limitations (Rule 39, Sec. 6). claimant to prevent the inclusion of his
under Heading III and Heading IV for
property in the execution sale?
ANNULMENT OF JUDGMENTS (Rule 47).
Q: Who may apply for a cyber-crime warrant? Q: When does execution of judgment by A:
A: Law enforcement authorities who must be motion prescribe? 1. He may avail of “terceria” by serving on
R. PETITION FOR RELIEF FROM
personally examined by the judge in the form of A: the levying officer an affidavit of his title or right
JUDGMENT of possession over the levied property, and
searching questions and answers, in writing and General rule: In 5 years; If issued, valid until
under oath; the applicant and the witnesses he satisfied fully. serving also a copy to the judgment creditor;
Q: What is a Petition for Relief from judgment?
may produce, on facts personally known to them
A: A petition for relief from judgment is a remedy Note: Terceria is a remedy available to a third
and attach to the record their sworn statements, Exception: When delay caused by actions of
available ONLY to those PARTIES in the case person other than the judgment obligor or his
judgment debtor and/or is incurred for his benefit
which is only allowed in exceptional cases when
agent who claims a property levied on. 3. APPEAL (RULES 41 & 45) A:
Non-extendible, but MR/MNT will
(Fermin v. Esteves, G.R. No. 147977, 2008) General Rule: Issues not raised before the trial
trigger fresh period from receipt of
Q: What matters are appealable? court cannot be raised for the first time on appeal.
order of denial
2. He may file a case for damages against A: An appeal may be taken only from judgments (DE LEON, 2018, p. 16, citing Hipolito v. Cinco,
the bond issued by the judgment debtor within or final orders that completely dispose of the case. G.R. No. 174143, 2011)
(See Sec. 3, Rule 41; DE LEON,
120 days from the date of the filing of the bond. (Bergornia v. CA,G.R. No. 189151, 2012). 2018, pp. 61-62)
(Sec. 16, Rule 39); Exception: the following are allowed to be raised
Q: What matters are not appealable? for the first time on appeal: Within 15 days from notice of the
3. He may file "any proper action" to A: (RID-CES-WP) 1. Grounds not assigned as errors but judgment or final order or resolution
vindicate his claim to the property. (Id.) 1. An order denying a petition for Relief or affecting jurisdiction over the subject appealed from, or of the denial of the
any similar motion seeking relief from matter; Rule 45 petitioner's motion for new trial or
Note: A "proper action" is entirely distinct and judgment; 2. Matters not assigned as errors on appeal Petition reconsideration (Sec. 2, Rule 45).
separate from that in which the judgment is 2. An Interlocutory order; but are evidently plain or clerical errors for review
being enforced, filed with the court of 3. An order disallowing or Dismissing an within contemplation of law; on Extendible for 30 days on justifiable
competent jurisdiction. Such a "proper action" appeal; 3. Matters not assigned as errors on appeal certiorari reasons upon motion duly filed and
may have for its object the recovery of 4. An order denying a motion to set aside a but consideration of which is necessary in from RTC, served, with full payment of the
ownership or possession of the property judgment by Consent, confession or arriving at a just decision and complete CA, CTA docket and other lawful fees and the
seized by the sheriff, as well as damages compromise on the ground of fraud, resolution of the case or to serve the En Banc deposit for costs before the
from the allegedly wrongful seizure and mistake or duress, or any other ground interests of justice or to avoid dispensing to the SC expiration of the reglementary period
detention of the property. vitiating consent; piecemeal justice;
5. An order of Execution; 4. Matters not specifically assigned as errors (See. Sec. 2, Rule 45; DE LEON, p.
The availment of the remedy of terceria is not 6. A judgment or final order for or against on appeal but raised in the trial court and 162)
a condition sine qua non to the filing of a one or more of Several parties or in are matters of record having some bearing
"proper action." An independent action may be separate claims, counterclaims, cross- on the issue submitted which the parties
resorted to even before or without need of claims, and third party complaints, while failed to raise or which the lower court Q: Differentiate notice of appeal from record of
filing a claim in the court which issued the writ. the main case is ending, unless the court ignored; appeal.
(Naguit v. Court of Appeals, G.R. No. 137675, 5. Matters not assigned as errors on appeal A:
allows an appeal therefrom; and
2000) 7. An order dismissing an action Without but closely related to an error assigned; NOTICE OF APPEAL RECORD ON
Prejudice (Rule 41, Sec. 1). and APPEAL
6. Matters not assigned as errors on appeal
Q: What are the available remedies in case but upon which the determination of a An appeal by notice of The record on appeal
there is no appeal? question properly assigned, is dependent. appeal is a mode that enables the trial court
A: The aggrieved party may file an appropriate (Spouses Devisfruto v. Greenfell, G.R. envisions the elevation to continue with the
special civil action as provided in Rule 65 (Rule 41, No. 227725, 2020) of the original records to rest of the case
Sec. 1). the appellate court as to because the original
Q: What is the Harmless Error Rule in appellate obstruct the trial court in records remain with
Q: What is the Fresh Period Rule: Neypes decisions? its further proceedings.. the trial court even as
Rule? A: The Court at every stage of proceedings must it affords the appellate
A: A party shall have a FRESH PERIOD of 15 disregard any error or defect which does not affect court the full
days to file a notice of appeal to the RTC from substantial rights of parties (Rule 51, Sec. 6). opportunity to review
receipt of the order denying a motion for new trial and decide the
or motion for reconsideration. This rule shall apply Q: What are the periods of appeal under Rules appealed matter.
to Rules 40, 41, 42, 43 and 45 (Neypes v. CA, 41 and 45?
A: Mode of appeal Mode of appeal
G.R. No. 141524, 2005) and in criminal cases generally required for required in actions or
under Section 6 of Rule 122 of the Revised Rules GR: 15 days or 30 days (if record on most actions. proceedings where
of Criminal Procedure (Yu vs. Tatad, G.R. No. appeal is required) from notice of multiple appeals are
170979, 2011). final judgment or final order
Rule 41 allowed, such as
Appeal estate proceedings,
Note: The period is 30 days if record on appeal is EXC: 48 hours for habeas corpus
from RTC eminent domain, and
required. (Rule 37, Sec. 1; Rule 40, Sec. 2; Rule cases
(original) foreclosure of
41, Sec. 3) mortgage.
to CA
Full payment of appeal fees within
Q: What is the rule regarding issues raised on the period to appeal
appeal?
NOTICE OF APPEAL RECORD ON ORDINARY APPEAL APPEAL BY APPEAL BY CERTIORARI AS AN APPEAL BY CERTIORARI AS AN
APPEAL (RULE 41) CERTIORARI CERTIORARI ORIGINAL ACTION CERTIORARI ORIGINAL ACTION
(RULE 45) (RULE 45) (RULE 65) (RULE 45) (RULE 65)
Must be filed within 15 Must be filed within 30
days from the notice of days from the notice appeals where Must be made within May be filed not later It is a continuation of proceeding of lower
the judgment or final of the judgment or the law or the the reglementary than 60 days from the proceedings in the courts.
order. final order. Rules so period for appeal. notice of the judgment, lower court.
require. order or resolution It is an original action.
Deemed perfected Deemed perfected
sought to be assailed,
upon filing of the notice upon approval of the (See Sec. 3, Rule 41, (RIANO, 2019, pp. 610 – 612)
or 60 days from receipt
of appeal in due time. record of appeal filed DE LEON,, 2018, p. of denial of a motion for
in due time. 57-58) reconsideration.
(DE LEON,, 2018, p. 57-58, citing Lebin vs.
Questions of fact or Question of law only
Mirasol, G.R. No. 164255, 2011; Sec. 9, Rule 41) Note that, as a general
mixed questions of from judgment or final
rule, before a party can
fact and law. (Sec. 2 order rendered by RTC
Q: Differentiate the modes of appeal under file a petition for
(a), Rule 41) in the exercise of its
Rules 41 and 45. certiorari under Rule 65,
original jurisdiction.
A: he/she must first file a
(Sec. 2 (c), Rule 41)
motion for
ORDINARY APPEAL APPEAL BY
reconsideration with the
(RULE 41) CERTIORARI Questions of fact, law,
lower court.
(RULE 45) or both from decisions
of the CA, Stays the judgment, Does not stay the
Appeal to the Court of Appeal to the Supreme Sandiganbayan, or CTA award or order challenged proceeding
Appeals in cases Court in all cases en banc. (Sec. 1, Rule appealed from unless a writ of
decided by the RTC in decided by the RTC in 45) preliminary injunction or
its original its original jurisdiction
a temporary restraining
jurisdiction. (Sec. 2 where only questions
Q: Differentiate Rule 45 from Rule 65. order shall have been
(a), Rule 41) of law are raised or
A: issued by the higher
involved. (Sec. 2 (c),
court.
Rule 41) APPEAL BY CERTIORARI AS AN
CERTIORARI ORIGINAL ACTION The petitioner and The parties are the
Appeal to SC from the (RULE 45) (RULE 65) respondent are the aggrieved party
CA, Sandiganbayan, original parties to the (petitioner) against the
CTA en banc, where Petition based only on Petition raises the issue action, and the lower lower court or quasi-
questions of fact, law, questions of law as to whether the lower court or quasi-judicial judicial agency (public
or both are raised. which the appellant court acted with grave agency is not to be respondent) and the
(Sec. 1, Rule 45) desires the appellate abuse of discretion impleaded. prevailing party in the
court to resolve. amounting to lack or lower court (private
By NOTICE OF By PETITION FOR
excess of jurisdiction. respondent).
APPEAL with the REVIEW ON
court which rendered CERTIORARI filed with Involves review of the May be directed against The prior filing of a A motion for
the judgment or final the Supreme Court in judgment, award or an interlocutory order of motion for reconsideration is, as a
order appealed from accordance with Rule final order on the the court prior to appeal reconsideration is not general rule, a condition
(i.e., RTC) and 45 and serving a copy merits. from the judgment or required. precedent. The
serving a copy thereof thereof upon the where there is no purpose is to give the
upon the adverse adverse party. (Sec. 1, appeal or any other lower court an
party. Rule 45) plain, speedy or opportunity to correct
adequate remedy. itself.
RECORD OF
APPEAL shall be The appellate court is The higher court
required only in: in the exercise of its exercises original
1. Special appellate jurisdiction jurisdiction under its
proceedings; and power of review. power of control and
2. Multiple or supervision over the
separate
4. ANNULMENT OF JUDGMENTS 5. SMALL CLAIMS 6. EVIDENCE Q: Distinguish between Burden of Proof and
(RULE 47) Burden of Evidence.
Q: What is the scope and applicability of the A:
A. GENERAL CONCEPTS
Q: What is a petition for annulment of Rules for Small Claims Cases? BURDEN OF BURDEN OF
judgment? A: The Rules of Procedure for Small Claims Cases Q: Distinguish between Proof and Evidence. PROOF EVIDENCE
A: It is a remedy in law independent of the case shall govern the procedure in the Metropolitan A:
where the judgment sought to be annulled was Trial Courts (MeTCs), Municipal Trial Courts in Obligation of a party to Duty of a party to go
rendered. Consequently, an action for annulment Cities (MTCCs), Municipal Trial Courts (MTCs), present evidence on forward with the
and Municipal Circuit Trial Courts (MCTCs) PROOF EVIDENCE
of judgment may be availed of even if the judgment the facts in issue evidence to overthrow
to be annulled had already been fully executed or involving all actions that are purely civil in nature necessary to establish any prima facie
where the claim or relief prayed for by the plaintiff The result or the The medium or
implemented (Bulawan v. Aquende, G.R. No. his claim or defense by presumption against
is solely for payment or reimbursement of sum probative effect of means by which a fact
182819, 2011; Diona v. Balangue, G.R. No. the amount of him
of money. The claims or demands may be: evidence. When the is proved or
173559, 2013). evidence required by
1. For money owed under a contract of requisite quantum of disproved.
law
lease, loan, services, sale, or mortgage; evidence of a particular
Q: What are the grounds for a petition for
2. For liquidated damages arising from fact has been duly The burden of proof is Generally determined
annulment of judgment?
contracts; admitted and given fixed by the pleadings by the developments
A:
3. Enforcement of a barangay amicable weight, the result is of the trial or by
1. Extrinsic fraud;
settlement; or called the proof of such provisions of
2. Lack of jurisdiction (Rule 47, Section 2);
4. Arbitration award involving a money claim fact. substantive law or
3. Lack of due process (under jurisprudence,
see Diona v. Balangue, G.R. No. 173559, covered by this Rule pursuant to the Local procedural rules which
2013). Government Code. (Sec. 5, Revised EXAMPLE: In Gumabon v. PNB, the Court ruled may relieve the party
Rules of Procedure for Small Claims that the one who alleges payment has the burden from presenting
Q: What are the time periods to file a petition Cases, as amended) of proving it. The burden of proving that the debt evidence on the facts
for annulment of judgment? had been discharged by payment rests upon the alleged.
A: These Rules shall govern the procedure in actions debtor once the debt’s existence has been fully
1. If based on EXTRINSIC FRAUD – the before the MTCs for payment of money where the established by the evidence on record. When the Does not generally May shift from one
action must be filed within four (4) years value of claim does not exceed the jurisdictional debtor introduces some evidence of payment, the shift during the course side to the other as
from its discovery; amount of P400,000.00 for the MeTCs and burden of going forward with the evidence – as of the trial. trial unfolds.
2. If based on LACK OF JURISDICTION – P300,000.00 for the MTCCs, MTCs, and MCTCs, distinct from the burden of proof – shifts to the
exclusive of interest and cost. (Sec. 2, Revised (Bautista v. Sarmiento, G.R. No. L-45137,
the action must be filed before laches or creditor. Consequently, the creditor has a duty to September 23, 1985)
estoppel can set in as an equitable bar Rules of Procedure for Small Claims Cases, as produce evidence to show non-payment.
to the action (Sec. 3, Rule 47); amended) (Gumabon v. PNB, 2016). Q: What the degree of proof required for
3. f based on DENIAL OF DUE PROCESS – successful prosecution?
the action does not prescribe. Lack of Q: What is the venue for small claims cases? Q: Distinguish between Factum Probans and
A: For small claims cases, the regular rules of A:
due process renders the judgment void. Factum Probandum. 1. In Civil Cases - preponderance of evidence is
An action to declare the nullity of a void venue shall apply, at the election of the plaintiff, in A: Evidence signifies a relationship between two
the MeTC, MTCC, MTC, and MCTC: required. (Rule 133, Sec. 1)
judgment does not prescribe. (Sps. facts. (Riano) 2. In Criminal Cases –
Benatiro vs. Heirs of Cuyos, G.R. No. 1. Where the plaintiff resides;
2. Where the defendant resides; or a) To sustain conviction – Evidence of
161220, 2008) guilt beyond reasonable doubt.
3. Where he may be found, in the case of a FACTUM FACTUM
non-resident defendant. PROBANS PROBANDUM b) Preliminary investigation – probable
cause - engenders a well-founded
However, if the plaintiff is engaged in the business The probative or The fact to be proved. belief of the fact of the commission of
of lending, banking and similar activities, in the city evidentiary fact The fact which is in a crime.
where the defendant resides, if the plaintiff has a tending to prove the issue and to which the c) Issuance of warrant of arrest–
branch in that city. (Sec. 7, Revised Rules of fact in issue or the evidence is directed. It Probable cause (i.e., that there is
Procedure for Small Claims Cases, as amended) FACTUM is the fact or reasonable ground to believe that a
PROBANDUM. It is proposition to be criminal offense has been committed
the material established. and that the accused committed the
evidencing the offense). (Rule 133, Sec. 2)
proposition. 3. In Administrative Cases – Substantial
evidence. (Rule 133, Sec. 5)
(Riano) 4. In Extradition Cases – clear and convincing
evidence (Government of Hong Kong v.
Olalia, G.R. No. 153675, 2007)
Q: What are the requisites for admissibility of establish the probability or improbability of the fact Co. v. UPSI Property Holdings Inc., G.R. No. The rule is that charges of misconduct against
evidence? in issue (Rule 128, Sec. 4). 154937, 2008) judges should be proven by clear and convincing
A: evidence, otherwise they should be dismissed.
1. Relevant – Relevant to the issue NOTE: What the Rules prohibit is evidence of A presumption shifts the burden of evidence or (Pesole v. Rodriguez, A.M. No. 755-MJ, 1978)
2. Competent – Not excluded by the Rules irrelevant collateral facts. (Regalado, p. 708) the burden of going forward with the evidence. It
on Evidence, the law and the Constitution imposes on the party against whom it is directed Q: How can these different types of quantum
(Rule 128, Sec. 3) Q: What are collateral matters? the burden of going forward with evidence to meet of evidence be summarized?
A: Collateral matters are matters other than the or rebut the presumption. However, it does not A:
Q: What are the components of relevant facts in issue and which are offered as basis for shift the burden of proof. (REGALADO, p.819)
evidence? inference as to the existence or non-existence of
QUANTUM OF
A: the facts in issue. (Regalado, p. 708) Note: Establish basic fact first, then presumption FOR WHICH CASES
EVIDENCE
1. Material – evidence offered upon a matter may apply.
properly in issue. It is directed towards a Q: What is multiple admissibility?
Proof Beyond Criminal cases
fact within the range of allowable A: When proffered evidence is admissible for two Example: In theft, you must first prove beyond
Reasonable Doubt
controversy. or more purposes. It may be admissible for one reasonable doubt the basic fact of taking, then the
(Rule 133, Sec. 2)
2. Probative – tendency of evidence to purpose but inadmissible for another or vice versa. presumption of intent to gain may follow
establish the proposition that it is offered It may also mean that it may be admissible against Clear and Convincing Extradition cases
to prove. one party but not against another. (Riano, citing Q: What is Proof Beyond Reasonable Doubt? Evidence (Gov’t of HK Charges filed against
People v. Salafranca, 666 SCRA 501, 511) A: Proof beyond reasonable doubt does not mean v. Olalia, G.R. No. judges and justices
Q: What is relevancy? such a degree of proof as excluding the possibility 153675, 2007)
A: Evidence is relevant if it has such a relation to Q: What is conditional admissibility? of error, produces absolute certainty.
the fact in issue as to induce belief in its existence A: Evidence may be conditionally admitted subject Preponderance of Civil cases
or non-existence (Rule 128, Sec. 4). to the condition that its relevancy and competency Moral certainty only is required, or that degree of Evidence (Rule 133,
be established at a later time. If the connection is proof which produces conviction in an Sec. 1)
NOTE: To be admissible, evidence should BOTH not shown as promised, the court may, upon unprejudiced mind. (Rule 133, Sec. 2)
be a.) relevant; and b.) competent. (Rule 128, Sec. motion of the adverse party, strike out from the Substantial Evidence Administrative Cases,
3; Regalado, p. 704) record the evidence that was previously Q: What is Preponderance of Evidence? (Rule 133, Sec. 5) Quasi-Judicial Bodies,
conditionally admitted. (Riano) A: It does not mean absolute truth; rather, it means Writ of Amparo
Q: What is competent evidence? that the testimony of one side is more believable
A: Evidence that is not excluded by the Q: What is curative admissibility? than that of the other side, and that the probability Totality of Evidence Judicial Declaration of
Constitution, the law, or the Rules. (Rule 128, Sec. A: When a party is allowed to present inadmissible of truth is on one side than on the other. (Rivera v. (Tan-Andal v. Andal, Nullity of Marriage on
3) evidence over the objection of the opposing party, Court of Appeals, G.R. No. 115625, 1998) G.R. No. 196359, May the ground of
such opposing party may be allowed to introduce 11, 2021) Psychological
NOTE: In People v. Sapla, the Supreme Court otherwise inadmissible evidence to contradict the Q: What is Substantial Evidence? Incapacity.
settled the doctrine that exclusive reliance on an previously admitted inadmissible evidence and to A: In cases filed before administrative and quasi-
unverified and anonymous tip cannot engender remove any prejudice caused by its admission. judicial bodies, a fact may be deemed established
probable cause that permits a warrantless search (Riano) if it is supported by substantial evidence. Q: What is the totality of evidence doctrine in
of a moving vehicle that goes beyond a visual cases of judicial declaration of nullity of
search. (People v. Sapla, G.R. No. 244045, June Q: When is Circumstantial Evidence sufficient Substantial evidence is that amount of relevant marriage on the ground of psychological
16, 2020) for conviction? evidence which a reasonable mind might accept incapacity?
A: Circumstantial Evidence is sufficient for as adequate to justify a conclusion. (Rule 133, A: Personal examination of the allegedly
Q: What is material evidence? conviction if: Sec. 5) psychologically incapacitated spouse is not
A: Material evidence is evidence directed to prove a. There is more than one circumstance; required for a declaration of nullity of marriage due
a fact in issue as determined by the rules of b. The facts from which the inferences are Q: What is Clear and Convincing Evidence? to psychological incapacity. So long as the totality
substantive law and pleadings. (Regalado, p. 702) derived are proven; and A: Evidence is clear and convincing if it produces of evidence sufficiently proves the psychological
c. The combination of all the circumstances in the mind of the trier of fact a firm belief or incapacity of one or both of the spouses, a decree
Q: Is evidence on collateral matters is such as to produce a conviction beyond conviction as to allegations sought to be of nullity of marriage may be issued. (Tan-Andal v.
admissible? reasonable doubt. (Rule 133, Sec. 4) established. (Black’s Law Dictionary, 5th ed., 596) Andal, G.R. No. 196359, May 11, 2021)
A:
General Rule: Evidence on collateral matters is Q: What are the Effects of Presumptions? This is a greater burden than preponderance of
not allowed. A: A party in whose favor the legal presumption evidence, the standard applied in most civil trials,
exists may invoke such presumption to establish a but less than evidence beyond a reasonable
Exception: Evidence on collateral matters may be fact in issue and need not introduce evidence to doubt, the norm for criminal trials. (Black’s Law
admitted if it tends in any reasonable degree to prove the fact for the presumption is prima facie Dictionary, 8th ed., 596)
proof of the fact presumed. (Diesel Construction
B. JUDICIAL NOTICE AND JUDICIAL proceedings in other cases that are A:

ADMISSIONS Q: When is Judicial Notice Discretionary? closely connected to the matter in
PRE-TRIAL IN PRE-TRIAL IN
A: controversy. These cases "may be so
CIVIL CASES CRIMINAL CASES
Q: When is Judicial Notice Mandatory? 1. The matter is one of public or common closely interwoven, or so clearly
A: knowledge interdependent, as to invoke a rule of
Admissions in pre- [The admission] must
1. Existence and territorial extent of states 2. The matter must be capable of judicial notice." (Trinidad v. People, GR
trial, as well as those be:
2. Their political history, Forms of unquestionable demonstration No. 239957, February 18, 2019)
made during the 1) Reduced in
government and symbols of nationality, 3. The matter is one that is ought to be
depositions, writing; and
3. The law of nations known to judges because of their judicial Q: Distinguish between Mandatory and
interrogatories or 2) Signed by both
4. The admiralty and maritime courts of the functions. (Rule 129, Sec. 2) Discretionary Judicial Notice?
requests for admission the accused and
world and their seals A:
are deemed judicial counsel.
5. The political constitution and history of the Q: Distinguish between judicial notice taken
MANDATORY DISCRETIONARY admissions since they (Rule 118, Sec. 2)
Philippines, during trial and that taken after trial but before
JUDICIAL NOTICE JUDICIAL NOTICE are made in the course
6. The official acts of legislative, executive judgment or on appeal.
of the proceedings of
and judicial departments of the A:
Court is compelled to Court not compelled the case. (Riano)
Philippines, STAGE DURING AFTER THE TRIAL take judicial notice
7. The laws of nature, TRIAL AND BEFORE
8. The measure of time By own initiative of At the court’s own Q: What is adoptive admission?
JUDGMENT, OR
9. The geographical divisions (Rule 129, the court initiative or on request A: An adoptive admission is a party’s reaction to a
ON APPEAL
Sec. 1) of any of the parties statement or action by another person when it is
reasonable to treat the party’s reaction as an
How to take The court, on its own initiative, OR
Q: When is Judicial Notice Discretionary? No hearing Hearing required admission of something stated or implied by the
judicial on the request of a party
A: other person. The basis for admissibility of
notice? (Rule 129, Secs. 1-2)
1. The matter is one of public or common admissions made vicariously is that arising from
knowledge (NOTORIOUS) Kind of Any matter Matter is decisive of the ratification or adoption by the party of the
a) Things of common knowledge are Q: What are the elements of Judicial statements which the other person had made. In
matter a material issue in
matters coming to the knowledge of Admissions? (PPP) the Angara Diary, Estrada’s options started to
the case
men generally in the course of the A: dwindle when the armed forces withdrew its
ordinary experiences of life, or they (Rule 129, Sec. 3) 1. Must be made by a Party to a case; and support. Thus, Executive Secretary Angara had to
may be matters which are generally 2. Must be made in the course of the ask Senate President Pimentel to advise petitioner
accepted by mankind as true and are Q: What is the rule on Judicial Notice of Proceedings in the same case. to consider the option of dignified exit or
capable of ready and unquestioned records of other cases? 3. No Particular form is required, thus a resignation. Estrada did not object to the
demonstration. (Riano, p.94 citing A: judicial admission may be verbal or suggested option but simply said he could never
Expertravel and Tours, Inc. v. Court of General Rule: Courts are not authorized to take written. (Riano) leave the country. His silence on this and other
Appeals, 459 SCRA 147) judicial notice of the contents of the records of related suggestions can be taken as an admission
2. The matter must be capable of unquestionable other cases, even when such have been tried or NOTE: Judicial admissions may be made by either by him. (Estrada v. Desierto, G.R. Nos. 146710-
demonstration are pending in the same court and with the same a party or his counsel. (Adolfo v. Adolfo, G.R. No. 15, 2001)
3. The matter is one that is ought to be known to judge. (Riano, citing Land Bank of the Philippines 201427, 2015)
judges because of their judicial functions. v. Yatco, G.R. No. 172251, January 15, 2014) C. OBJECT EVIDENCE
(Rule 129, Sec. 2) Q: How may judicial admissions be
a) Judicial notice is not judicial Exceptions: contradicted? Q: What is the nature of Object Evidence?
knowledge. The mere personal 1. A party clearly makes reference to the A: A: Objects as evidence are those addressed to the
knowledge of the judge is not the records of another case and there is no General Rule: A judicial admission is conclusive senses of the court. When an object is relevant to
judicial knowledge of the court, and he objection by the other party; upon the party making it and does not require the fact in issue, it may be exhibited to, examined,
is not authorized to make his 2. Judicial notice is at the request or with the proof or viewed by the court. (Rule 130, Sec. 1)
individual knowledge of a fact, not consent of the parties; or
generally or professionally known, the 3. The original or part of the records of the Exceptions: Judicial admissions may be Q: What is the chain of custody rule in
basis of his action. (Latip v. Chua, case are actually withdrawn from the contradicted ONLY by showing that: Dangerous Drug-related cases?
G.R. No. 177809, October 16, 2009) archives and are admitted as part of the 1. The admission was made through A: The basic requirement on the proper disposition
record of the case pending. (Riano, citing PALPABLE MISTAKE of confiscated, seized, and/or surrendered
NOTE: The principal guide in determining what Tabuena v. CA, 196 scra 650; People v. 2. NO ADMISSION was made. (Rule 129, dangerous drugs enjoins the members of the
facts may be assumed to be judicially known is Mendoza, 204 SCRA 288; Jumamil v. Sec. 4) apprehending team having initial custody and
that of notoriety. (Latip v. Chua, G.R. No. 177809, Café, 470 SCRA 475; Calamba Steel control of the illicit drugs to conduct the 1.)
October 16, 2009) Center Inc. v. Commissioner of Internal Q: What is the difference between admissions marking; 2.) inventory; and 3.) photograph taking
Revenue, 457 SCRA 482) in pre-trial in civil and criminal cases? of the seized illegal drugs immediately after the
4. Courts have also taken judicial notice of
seizure in the presence of: a.) the accused or the Q: When can a person file for a DNA testing Q: Is the court order granting DNA testing A: In assessing the probative value of DNA
person/s from whom such items were confiscated order? appealable? evidence, courts should consider the following
and/or seized, or his/her representative or A: A person who has a legal interest in the litigation A: No. The order is immediately executory under data:
counsel; b.) a representative from the media; c.) a may file an application for DNA testing order Sec. 5. The remedy would be to file a petition for 1. How the samples were collected,
representative from the DOJ; and d.) any elected before the appropriate court, at any time (Rule on certiorari under Rule 65, but this shall not, in any 2. How they were handled,
public official. (People v. Del Rosario, G.R. No. DNA Evidence, Sec. 4). way, stay the implementation thereof, unless a 3. Possibility of contamination,
231885, September 23, 2020). higher court issues an injunctive order. (Riano, 4. Procedure followed in analyzing the
Q: What are the requisites for a DNA testing p.145). samples,
Q: Does the chain of custody rule apply only in order to be issued? 5. Whether proper standards of procedure
buy-bust cases? A: For the order to be issued: Q: Is there a post-conviction DNA testing? were followed in conducting the tests,
A: No. A plain reading of the law shows that it 2. A biological sample exists that is relevant A: Yes. A person convicted under a final and 6. Qualification of the analyst who conducted
applies as long as there has been a seizure and to the case; executory judgement may still avail himself of DNA the test. (People v. Vallejo G.R. No.
confiscation of drugs. There is nothing in the 3. The biological sample: (i) was not testing. The test after his conviction is termed 144656, 2002)
statutory provision which states that it is only previously subjected to the type of DNA “post-conviction” DNA testing. Significantly, Sec. 6
applicable when there is a warrantless seizure in a testing now requested; or (ii) was of the Rule allows post-conviction DNA testing. It Q: What must the court consider in evaluating
buy-bust operation. Thus, it should be applied in previously subjected to DNA testing, but may be available to (a) the prosecution, or (b) the the reliability of a DNA testing methodology?
every situation when an apprehending team the results may require confirmation for person convicted by a final and executory A: In evaluating whether the DNA testing
seizes and confiscates drugs from an accused, good reasons; judgement, provided that the following methodology is reliable, the court shall consider
whether through a buy-bust operation or through a 4. The DNA testing uses a scientifically valid requirements are met: the following:
search warrant. (Tumabini v. People, G.R. technique; 1. A biological sample exists 1. The falsifiability of the principles or
224495, February 19, 2020) 5. The DNA testing has the scientific 2. Such sample is relevant to the case; and methods used, that is, whether the theory
potential to produce new information that 3. The testing would probably result in the or technique can be and has been tested;
Q: What is the chain of custody rule in is relevant to the proper resolution of the reversal or modification of the judgement 2. The subjection to peer review and
Dangerous Drug-related cases? case; and of conviction (Riano, page 147 citing Sec. publication of the principles or methods;
A: The identity of the dangerous drugs should be 6. The existence of other factors, if any, 6 of the Rule on DNA Evidence) 3. The general acceptance of the principles
established beyond doubt by showing that the which the court may consider as or methods by the relevant scientific
items offered in court were the same substance potentially affecting the accuracy of Q: What must be filed if the post-conviction community;
involved in the buy-bust operation. (Riano, citing integrity of the DNA testing. (Sec. 4, Rule DNA testing result is favorable to the accused? 4. The existence and maintenance of
People v. Dahil, G.R. No. 212196). The purpose of on DNA Evidence) A: If the results of the DNA testing are favorable to standards and controls to ensure the
the chain of custody is to prove that the object 7. There must be a prima facie showing of the convict, he may file a petition for a writ of correctness of data generated;
found or confiscated in the crime scene is the very relationship or paternity (Lucas v. Lucas, habeas corpus with the court of origin. The court 5. The existence of an appropriate reference
same object offered in evidence in court. (Riano) G.R. No. 190710 (June 6, 2011) shall then conduct a hearing and in case the court population database; and
finds, after due hearing, that the petition is 6. The general degree of confidence
Q: What is the effect of non-compliance with Q: Can the court motu propio order DNA meritorious, it shall reverse or modify the attributed to mathematical calculations
the doctrine of chain of custody? testing? judgement of conviction and order the release of used in comparing DNA profiles and the
A: A: Yes. The Court may motu propio order a DNA the convict, unless his detention is justified for a significance and limitation of statistical
General Rule: Non-compliance is fatal; the testing (Rule on DNA Evidence, Sec. 4). lawful cause. calculations used in comparing DNA
accused’s arrest becomes illegal. profiles. (Sec. 8, Rule on DNA evidence)
Q: Is a court order always required before The petition shall be filed with the court of origin as
Exception: Non-compliance is not fatal and will undertaking a DNA testing? a rule. However, the rule also allows the petition to D. DOCUMENTARY EVIDENCE
not make the accused’s arrest illegal nor render A: No. The last paragraph of Sec. 4 of the Rule on be filed either with the Court of Appeals or with the
the items seized as inadmissible, provided: DNA Evidence allows a testing without a prior Supreme Court, or with any member of said Q: What is a documentary evidence?
1. There is justifiable ground; and court order if done before a suit or proceeding is courts. A hearing may be conducted by the latter A: Document as evidence consists of writings,
2. The integrity and evidentiary value of the commenced at the request of any party, including courts or by any member thereof or instead of recording, photographs or any material containing
items are properly preserved (R.A. No. law enforcement agencies. This also means that a conducting a hearing, may instead remand the letters, words, sounds, numbers, figures, symbols,
9165, Sec. 21; People v. Dela Cruz, G.R. litigation need not exist prior to DNA testing. Thus, petition to the court of origin and issue the or their equivalent, or other modes of written
No. 205414, 2016) a court order shall be required only if there is a appropriate orders. (Riano, p. 147 citing Sec. 10, expressions offered as proof of their contents.
pending litigation, but not before the litigation Rule on DNA evidence) (Rule 130, Sec. 2).
Q: What is DNA evidence? (Riano, p.145)
A: “DNA evidence” constitutes the totality of the Note: The petition for a writ of habeas corpus may Q: What is the Original Document Rule?
DNA profiles, results and other genetic information Post-convicting DNA testing does not also require also be filed by the prosecution. (formerly the best evidence rule)
directly generated from DNA testing of biological a prior court order. A: The best evidence rule operates as a rule of
samples (Rule on DNA Evidence, Sec. 3c) Q: What are the guidelines in assessing the exclusion, that is, secondary evidence cannot be
probative value of DNA evidence? introduced as the original writing itself must be
produced in court, subject to exceptions. The best
evidence rule applies only when the subject of the NOTE: This is also known as HIGH INTENSITY A: An electronic document shall be regarded as
inquiry is the contents of a document. The rule NOTE: If data is stored in a computer or SEARCH. the equivalent of an original document under the
requires that the original of the writing must be similar device – any printout or other output Best Evidence Rule if it is a printout or output
produced. (National Power Corporation v. Codilla, readable by sight or other means, shown to Q: To what type of proceedings and actions do readable by sight or other means, shown to reflect
G.R. No. 170491, 2007) reflect the data accurately, is an original. the Rules on Electronic Evidence apply? the data accurately. (REE, Rule 4, Sec. 1)
A: The Rules apply to civil actions and
NOTE: Do not use the old term “best evidence.” 3. A duplicate can also be considered an original proceedings, as well as quasi-judicial and Q: When is a copy or duplicate of a document
Use the proper and new term “original if it is a counterpart produced by the same administrative cases. (REE, Rule 1, Sec. 2) It has regarded as original under the REE?
document”. impression as the original, or from the same also been held that they apply to criminal actions. A: When –
matrix, or by means of photography, (People v. Enojas, G.R. No. 204894, 2014) 1. It is in two or more copies executed at or
NOTE: The rule now also applies if the contents of mechanical or electronic re-recording, or by about the same time with identical
a writing, reading, photograph or other record is chemical reproduction, or by other equivalent Q: What is an electronic document? contents; or
the subject of inquiry. (Rule 130, Sec.2) Even a techniques which accurately reproduce the A: It is information or the representation of 2. It is a counterpart produced by the same
DUPLICATE is now considered an original of a original. (Rule 130, Sec. 4) information, data, figures, symbols, or other impression as the original, or from the
document if it is a counterpart produced by: modes of written expression, described or same matrix, or by mechanical or
a. the same impression as the original; Q: When is a duplicate inadmissible? however represented, by which a right is electronic re-recording, or by chemical
b. from the same matrix; A: established, or an obligation extinguished, or by reproduction, or by other equivalent
c. by means of photography; General rule: A duplicate is admissible to the which a fact may be proved and affirmed, which is techniques which accurately reproduces
d. mechanical or electronic re-recording; same extent as an original. received, recorded, transmitted, stored, the original
e. chemical reproduction; processed, retrieved or produced electronically.
f. or by other equivalent techniques which Exception: Unless (1) a genuine question is (REE, Rule 2, Sec. 1(h)) Such copies or duplicates shall be regarded as the
accurately reproduce the original. (Rule raised as to the authenticity of the original, or (2) it equivalent of the original. (REE, Rule 4, Sec. 2)
130, Sec. 4) is unjust or inequitable to admit the duplicate in lieu Q: What is an electronic data message?
of the original. (Rule 130, Sec. 4c) A: It is information generated, sent, received or Q: When are business records considered as
Q: When is the original document rule not stored by electronic, optical, or similar means. exception to the hearsay rule?
applicable? Q: When may secondary evidence be admitted (REE, Rule 2, Sec. 1(g)) A: A memorandum, report, record or data
A: when original is lost, destroyed or cannot be compilation of acts, events, conditions, opinions,
1. When the original has been lost or produced in court? For purposes of the REE, the term “electronic or diagnoses, made by electronic, optical or other
destroyed, or cannot be produced in court, A: document” may be used interchangeably with similar means is an exception to the hearsay rule
without bad faith on the part of the offeror; 1. Proof of the existence and the due electronic data message.” (REE, Rule 2, Sec 1(h)) provided that the following are shown by the
2. When the original is in the custody or execution of the original; testimony of the custodian or other qualified
under the control of the party against 2. Loss, destruction or unavailability of all Q: What is the “functional equivalent” principle witness:
whom the evidence is offered, and the such originals without bad faith on the part in relation to electronic evidence? 1. That it was made at or near the time of or
latter fails to produce it after reasonable of offeror. (Rule 130, Sec. 5) A: The REE provides that electronic evidence is from transmission or supply of
notice; deemed to be the functional equivalent of paper information;
3. When the original consists of numerous NOTE: The correct order of proof is as follows- based documents. As such, whenever a rule of 2. That it was made by a person with
accounts or other documents which existence, execution, loss, and contents (EELC) evidence refers to the term writing, document, knowledge thereof;
cannot be examined in court without great (MCMP Construction vs. Monark, G.R. No. 20100, record, instrument, memorandum or any other 3. That it was kept in the regular course or
loss of time and the fact sought to be 2014). form of writing, such term shall be deemed to conduct of a business activity; and
established from them is only the general include an electronic document as defined in these 4. That such was the regular practice to
result of the whole; and NOTE: Please review Rule 130 Secs. 5 and 6 in Rules. (REE, Rule 3, Sec. 1) make the memorandum, report, record, or
4. When the original is a public record in the relation to Secondary Evidence. data compilation by electronic, optical or
custody of a public officer or is recorded in Q: When is an electronic document similar means (REE, Rule 8, Sec. 1)
a public office. Q: What is the diligent search rule in relation to admissible?
5. When the original is not closely related to admissibility of secondary evidence? A: An electronic document is admissible in This exception (to the hearsay rule) may be
a controlling issue. (Rule 130, Sec. 3) A: Secondary evidence is inadmissible unless it is evidence if: overcome by evidence of the untrustworthiness of
first shown that there is diligent and unavailing 1. It complies with the rules on admissibility the source of information or the method or
Q: What is an original document? search of the party interested. (Government v. prescribed by the Rules of Court and circumstances of the preparation, transmission or
A: Martinez, G.R. No. 11889, January 10, 1918) related laws; and storage thereof. (REE, Rule 8, Sec. 2)
1. The original of a document is the document 2. It is authenticated in the manner
itself or any counterpart intended to have the A reasonably probability of its loss is sufficient, and prescribed by these Rules. (REE, Rule 3, NOTE: Rule 130, Sec. 45 also contains the same
same effect by a person executing or issuing this may be shown by a bona fide and diligent Sec. 2) exception of business records for documents
it. search, fruitlessly made, for it in places where it is made by “writing, typing, electronic, optical, or
2. The original of a photograph includes the likely to be found. (Paylago v. Jarabe, G.R. No. L- Q: What is the Original Document Rule under other similar means.” The same conditions apply
negative or any print therefrom. 20046, March 27, 1968) the REE? for business records exception under such rule.
Q: How is the admissibility and evidentiary a person who was a party to the same or has 2. The failure of the written agreement to
PAROL EVIDENCE ORIGINAL
weight of an electronic document established? personal knowledge thereof.” (Vidallon-Magtolis v. express the true intent and agreement of
RULE DOCUMENT RULE
A: All matters relating to the admissibility and Salud, A.M. No. CA-05- 20-P, 2005) the parties thereto;
evidentiary weight of an electronic document may 3. The validity of the written agreement; or
Precludes the Precludes the
be established by an affidavit stating facts of: Q: How should ephemeral evidence be 4. The existence of other terms agreed to by
admission of other admission of
1. direct personal knowledge of the affiant; or proven? the parties or their successors in interest
evidence to prove the secondary evidence if
2. based on authentic records A: Ephemeral evidence shall be proven by the after the execution of the written
terms of a document the original document
testimony of a person who was a party to the same agreement. (Rule 130, Sec. 10)
other than the is available.
The affidavit must affirmatively show the or has personal knowledge thereof. (REE, Rule
contents of the
competence of the affiant to testify on the matters 11, sec. 2) NOTE: The term “agreement” includes wills. (Rule
document itself for the
contained therein. (REE, Rule 9, Sec. 1) 130, Sec. 10)
purpose of varying the
In the absence or unavailability of such witnesses,
terms of the writing.
Q: What must be done before a private other competent evidence may be admitted. (REE, Q: What is the Partial Integration rule?
electronic document offered as authentic is Rule 11, sec. 2) A: When a writing is on its face incomplete, said Can be invoked only Can be invoked by any
received in evidence? writing is only a partial integration of the by the parties to the litigant to an action
A: Before any private electronic document offered A recording of the telephone conversation or agreement of the parties; hence, parol evidence is document and their whether or not said
as authentic is received in evidence, its ephemeral electronic communication shall be not barred to prove matters not covered by the successors-in- litigant is a party to the
authenticity must be proved. (REE, Rule 5, Sec. 2) covered by REE, Rule 11, Sec. 1 (on Audio, video writing. Parol evidence is, however, barred when interest. document involved.
and similar evidence). the writing is a total integration of the agreement.
Q: How are private electronic documents (Riano, p.176) Applies to written Applies to all forms of
authenticated? Note: If the foregoing communications are agreements writings
A: By any of the following means: recorded or embodied in an electronic document, Q: What are the conditions required before (contracts), including
1. By evidence that it had been digitally then the provisions of Rule 5 on authentication of parole evidence of collateral agreements may wills.
signed by the person purported to have electronic documents shall apply. (REE, Rule 11, be introduced?
signed the same; Sec. 2) A: Before an oral agreement is received to vary a When the subject of When the subject of
2. By evidence that other appropriate written contract, at least three conditions must be the inquiry is the terms the inquiry is the
security procedures or devices as may be Q: When is audio, photographic, and video present: of the agreement, one contents of a writing,
authorized by the Supreme Court or by evidence admissible? 1. It must be clear that it is a collateral; must, as a rule, read he must look at the
law for authentication of electronic A: Audio, photographic and video evidence of 2. It must not contradict, express or implied, the agreement itself original writing. This is
documents were applied to the document; events, acts or transactions shall be admissible the main written contract; and not seek guidance the original document
or provided: (REE, Rule 11, Sec. 1) 3. It must be one that the parties would not on sources outside the rule.
3. By other evidence showing its integrity 1. It shall be shown, presented or displayed ordinarily be expected to embody in the writing.
and reliability to the satisfaction of the to the court; and main written agreement. It must not be so
Judge. (REE, Rule 5, Sec. 2) 2. It shall be identified, explained or closely and clearly connected with the Sources outside the
authenticated by the person who made main or principal transaction as to be writing are considered
Q: Is an electronically notarized document the recording or by some other person actually part and parcel of it. (Mitchell v. parol evidence, and
considered a public document? competent to testify on the accuracy Lath, 247 N.Y. 377, 160 N.E. 646, 1928) are inadmissible.
A: Yes. A document electronically notarized in thereof
accordance with the rules promulgated by the NOTE: The parole evidence rule does not (Riano)
Supreme Court shall be considered as a public Q: What is the parol evidence rule? preclude the admission of extrinsic evidence of a
document and proved as a notarial document A: When the terms of an agreement have been valid prior or contemporaneous parole agreement Q: How do you authenticate a private
under the Rules of Court. (REE, Rule 5, Sec. 3) reduced to writing, it is considered as containing which is collateral both in form and substance. document?
all the terms agreed upon and there can be, as (Francisco, p. 380) A: Before any private document offered as
Q: What is an ephemeral electronic between the parties and their successors in authentic is received in evidence, its due execution
communication? interest, no evidence of such terms other than the Q: Distinguish between the Parol Evidence and authenticity must be proved either:
A: It refers to telephone conversations, text contents of the written agreement. (Rule 130, Sec. Rule and Original Document Rule. 1. By anyone who saw the document or
messages, chatroom sessions, streaming audio, 10) A: written; or
streaming video, and other electronic forms of 2. By evidence of the genuineness of the
PAROL EVIDENCE ORIGINAL signature or handwriting of the maker.
communication the evidence of which is not Q: When can parol evidence be introduced?
RULE DOCUMENT RULE
recorded or retained. (REE, Rule 2, Sec. 1(k)) A: A party may present evidence to modify,
explain or add to the terms of the written Any other private document need only be identified
It presupposes that Establishes a as that which it is claimed to be. (Rule 132, Sec.
Text messages have been classified as agreement if he puts in issue in his pleading any
the original document preference for the 20)
“ephemeral electronic communication” under of the following:
is available in court original document
Section 1(k), Rule 2 of the Rules on Electronic 1. An intrinsic ambiguity, mistake or
over secondary Q: When is evidence of authenticity of a private
Evidence, and “shall be proven by the testimony of imperfection in the written agreement;
evidence thereof. writing not required?
A: acknowledgment being prima facie evidence of the child. (Rule on Examination of a Child Witness,
MARITAL MARITAL
1. Ancient Documents execution of the instrument or document involved A.M. No. 004-07-SC)
DISQUALIFICATION PRIVILEGED
2. When the genuineness and authenticity of (Rule 132, Sec. 30).
RULE COMMUNICATION
an actionable document have not been Q: When can a child become a witness?
specifically denied under oath by the A public document duly acknowledged before a A: For a child witness to be competent, it must be
cease just because
adverse party under Sec. 8 of Rule 8 of notary public, under his hand and seal with his shown that he has the capacity of (1) observation,
the marriage has
the Rules of Court certificate thereto attached, is admissible in (2) of recollection, and (3) of communication.
ended.
3. When the genuineness and authenticity of evidence without further proof of its due execution (People v. Mendoza, G.R. No. 113791, 1996)
the document have been admitted under and delivery until some question is raised as to the Requires that the No such requirement
Sec. 4 of Rule 129 verity of said acknowledgment and certificate Q: What are privileged communications under spouse against whom as it applies
4. When the document is not being offered (Antillon v. Barcelon, G.R. No. L-12483, 1917). the Rules of Court? the testimony is offered regardless of whether
as authentic as implied from Sec. 20, Rule A: is a party to the action. the spouses are
132 of the Rules of Court, which requires Q: How are alterations to a document 1. Husband and Wife parties or not.
authentication only when the document is explained? 2. Attorney and Client
offered as “authentic” (Riano, page. 193) A: 3. Physician and Patient The prohibition is What is prohibited is
1. The alteration was made by another, 4. Priest and Penitent directed at testimony the examination of a
Q: What is the effect if a document is a public without his concurrence; or 5. Public Officers (Rule 130, Sec. 24) against the other. spouse as to matters
document? 2. It was made with the consent of the parties received in
A: Public documents are admissible without affected by it; or Q: What is the distinction between the Marital (Rule 130, Sec. 23) confidence by one
further proof of their genuineness and due 3. It was otherwise properly or innocently Disqualification Rule and the Marital from the other during
execution. (Rodriguez v. YOHDC, G.R. No. made; or Communications Privilege? the marriage.
199451, August 15, 2018) 4. The alteration did not change the meaning A: (Rule 130, Sec. 24a)
or language of the instrument.
Q: What is the ancient document rule?
MARITAL MARITAL Q: What are the requisites of Attorney-Client
A: Where a private document is more than 30 If he fails to do that, the document shall not be
DISQUALIFICATION PRIVILEGED Privilege?
years old, is produced from the custody in which it admissible in evidence (Rule 132, Sec. 31).
RULE COMMUNICATION A:
would naturally be found if genuine, and is
unblemished by any alterations or circumstances E. TESTIMONIAL EVIDENCE 1. There must be a communication made by the
Does NOT refer to Refers to confidential client to the attorney, OR advice given by the
of suspicion, no other evidence of its authenticity
confidential communications attorney to his client; (No particular form is
need be given. (Rule 132, Sec. 21) Q: What are the disqualifications of a witness? communications received by one required under the Rules)
A: between spouses. spouse from the other
Q: How is lack of record proved? 1. Disqualification by reason of marriage; 2. The communication or advice must be given in
during the marriage. confidence; and
A: A written statement signed by an officer having (Rule 130 Sec. 23)
the custody of an official record or by his deputy 2. Disqualification by reason of privileged 3. The communication or advice must be given
that after diligent search no record or entry of a communications; (Rule 130, Sec. 24) Includes facts, Applies only to either:
specified tenor is found to exist in the records of 3. Parental and filial privilege; (Rule 130, occurrences, or confidential a. In the course of professional
his office, accompanied by a certificate as above Sec. 25) and information even prior information received employment; or
provided, is admissible as evidence that the 4. Trade Secrets (Rule 130, Sec. 26) to the marriage. during the marriage. b. With a view to professional
records of his office contain no such record or The scope of this rule is employment
entry (Rule 132, Sec. 28). NOTE: The law presumes that every person is of broader because it (This contemplates preliminary
sound mind, in the absence of proof to the prevents testimony for negotiations, even if later on the attorney-
Q: How is judicial record impeached? contrary. (Torres v. Lopez, G.R. No. L-24569, or against the spouse client relationship is not perfected)
A: Any judicial record may be impeached by 1926) on any fact and not
evidence of: merely a disclosure of Attorney’s secretary, stenographer, clerk or other
1. Want of jurisdiction in the court or judicial Q: What is the rule on child witnesses? confidential persons assisting the attorney are also covered by
officer; A: Every child is now presumed qualified to be a information. the rule and cannot be examined concerning any
2. Collusion between the parties; or witness. To rebut this presumption, the burden of fact the knowledge of which has been acquired in
3. Fraud of the party offering the record, in proof lies on the party challenging the child’s The rule can no longer The spouse affected such capacity without the consent of the client
respect to the proceedings (Rule 132, competency. Only when substantial doubt exists be invoked once the by the disclosure of AND their employer.
Sec. 29). regarding the ability of the child to perceive, marriage is dissolved. the information or
remember, communicate, distinguish truth from It may be asserted only testimony may object NOTE: Also covered is a “person reasonably
Q: How are notarial records proved? falsehood, or appreciate the duty to tell the truth in during the marriage. even after the believed by the client to be licensed to engage in
A: Every instrument duly acknowledged or proved court will the court, motu proprio or on motion of a dissolution of the the practice of law” (Rule 130, Sec. 24b).
and certified as provided by law, may be presented party, conduct a competency examination of a marriage. The
in evidence without further proof, the certificate of privilege does not Q: When does the attorney-client privilege not
apply?
A: Under the Rules, the privilege does not apply: 2. The confession must be of a penitential abovementioned media practitioners. (R.A. No. All privileged and confidential information obtained
1. In furtherance of crime or fraud (future character. (Rule 130, Sec. 24) 53, as amended by R.A. 11458, Sec. 1) in CAM or JDR shall be inadmissible as evidence
crime-fraud); for any purpose in any other proceedings.
2. Claimants through same deceased client; Q: What are the requisites for public officers Q: Is there an exception to the Newsman’s
3. Breach of duty by lawyer or client; Privilege? Privilege? However, evidence or information that is otherwise
4. Document attested by the lawyer; and A: A: Yes. Unless the court or the House of admissible does not become inadmissible solely
5. Joint Clients (Rule 130, Sec. 24b) 1. The communication must have been made to Representatives or the Senate or any committee by reason of its use in CAM or JDR (Guidelines for
a public officer; of Congress finds that such revelation is the Conduct of CAM and JDR in Civil Cases, A.M.
Q: When is the identity of a client privileged? 2. The communication was made in official demanded by the security of the State. (R.A. No. No. 19-10-SC, Part D, Sec. 7).
(LAST LINK DOCTRINE) confidence; and 53, as amended by R.A. 11458, Sec. 1)
A: 3. Public interest would suffer by the disclosure Q: What is Judicial Privilege?
1. Where a strong probability exists that of the information (Rule 130, Sec. 24[e]) Q: What is the Privileged Communication in A: At the most basic level and subject to the
revealing the client's name would Labor Conciliation Proceedings (Labor Code, principle of comity, Members of the Court, and
implicate that client in the very activity for Q: What is the Presidential Communications Art. 233) Court officials and employees may not be
which he sought the lawyer's advice. Privilege? A: Information and statements made at compelled to testify on matters that are part of the
2. Where disclosure would open the client to A: There is a Recognized Presumptive conciliation proceedings shall be treated as internal deliberations and actions of the Court in
civil liability, his identity is privileged. Presidential Communications Privilege - it was the privileged communication and shall not be used as the exercise of their adjudicatory functions and
3. Where the government's lawyers have no President herself, through Executive Secretary evidence in the Commission. Conciliators and duties, while testimony on matters external to their
case against an attorney's client unless, Ermita, who invoked executive privilege on a similar officials shall not testify in any court or body adjudicatory functions and duties may be
by revealing the client's name, the said specific matter involving an executive agreement regarding any matters taken up at conciliation compelled by compulsory processes. (Per Curiam
name would furnish the only link that between the Philippines and China, which was the proceedings conducted by them. (Labor Code, Art. Supreme Court Decision in connection with the
would form the chain of testimony subject of the three. (Neri v. Senate Committee, 233) letter of the House Prosecution Panel to subpoena
necessary to convict an individual of a G.R. No. 180643, 2008) Justices of the Supreme Court, 2013)
crime, the client's name is privileged. Q: Define the concept of Secrecy of Bank
(Regala v Sandiganbayan, 1996) Q: What are the elements of the Presidential Deposits (R.A. 1405, Sec. 2) To summarize these rules, the following are
Communications Privilege? A: All deposits of whatever nature with banks or privileged documents or communications, and are
Q: What are the requisites for disqualification A: banking institutions in the Philippines including not subject to disclosure:
by reason of Physician and Patient privilege? 1. Must relate to a “quintessential and non- investments in bonds issued by the Government of 1. Court actions such as the result of the
A: delegable presidential power;” the Philippines, its political subdivisions and its raffle of cases and the actions taken by
1. The privilege is claimed in a civil case; 2. Must be authored or “solicited and received” instrumentalities, are hereby considered as of an the Court on each case included in the
2. The person against whom the privilege is by a close advisor of the President or the absolutely confidential nature and may not be agenda of the Court's session on acts
claimed is one duly authorized to practice President himself; and examined, inquired or looked into by any person, done material to pending cases, except
medicine, surgery or obstetrics; 3. Privilege may be overcome by a showing of government official, bureau or office, except upon where a party litigant requests information
3. Such person acquired the information adequate need such that the information written permission of the depositor, or in cases of on the result of the raffle of the case,
while he was attending to the patient; sought “likely contains important evidence” impeachment, or upon order of a competent court pursuant to Rule 7, Section 3 of the
4. The information was necessary to enable and by the unavailability of the information in cases of bribery or dereliction of duty of public Internal Rules of the Supreme Court;
him to act in that capacity; and elsewhere (Neri v. Senate Committee, G.R. officials, or in cases where the money deposited or 2. Court deliberations or the deliberations of
5. The information was confidential and if No. 180643, 2008) invested is the subject matter of the litigation. (R.A. the Members in court sessions on cases
disclosed would blacken the reputation of 1405, Sec. 2) and matters pending before the Court;
the patient. (Krohn v. CA, 1994) Q: What is the Newsman’s Privilege (R.A. 1477, 3. Court records which are "predecisional"
Sec. 1)? Q: Define the privilege in Court-Annexed and "deliberative" in nature, in particular,
NOTE: The 2019 amendments to the Rules of A: Without prejudice to his liability under the civil Mediation and Judicial Dispute Resolution documents and other communications
Evidence has removed the requirement that the and criminal laws, any publisher, owner, or duly cases. which are part of or related to the
information involved “would blacken the reputation recognized or accredited journalist, writer, A: Any and all matters discussed, or deliberative process, i.e., notes, drafts,
of the patient”. reporter, contributor, opinion writer, editor, communications made, including requests for research papers, internal discussions,
columnist, manager, media practitioner involved in mediation, and documents presented during CAM internal memoranda, records of internal
Q: What are the requisites for Priest and the writing, editing, production, and dissemination or JDR proceedings, shall be privileged and deliberations, and similar papers.
Penitent Privilege? of news for mass circulation, of any print, confidential. 4. Confidential Information secured by
A: broadcast, wire service organization, or electronic justices, judges, court officials and
1. The confession must be made to the minister mass media, including cable TV and its variants, If personal notes are taken for guidance, the notes employees in the course of their official
or priest in his professional character, and in cannot be compelled to reveal the source of any shall be destroyed. Should such records exist, the functions, mentioned in (2) and (3) above,
the course of discipline enjoined by the rules news item, report or information appearing or same shall also be privileged and confidential. are privileged even after their term of
of practice of the denomination to which the being reported or disseminated through said office.
priest or minister belongs; and media, which was related in confidence to the 5. Records of cases that are still pending for
decision are privileged materials that
cannot be disclosed, except only for Pennswell, Inc., G.R. No. 172835, 2007) documents, records, or writings necessary for the
ACCUSED ORDINARY
pleadings, orders and resolutions that prosecution of the offense or offenses for which he
WITNESS
have been made available by the court to Q: What happens if the privileged has been admitted on the ground of the right
the general public. communication comes to the hands of third He can refuse outright He does not have a against self-incrimination. (R.A 6981, Sec. 14)
6. The principle of comity or inter- persons? to take the stand as a right to disregard a
departmental courtesy demands that the A: The 2019 amendments introduced a new witness subpoena, decline to Q: How is a witness examined?
highest officials of each department be provision that the communication shall remain appear before the A:
exempt from the compulsory processes of privileged even in the hands of a third person who court at the time 1. In open court; and
the other departments. may have obtained the information, PROVIDED appointed, or refuse to 2. Under oath or affirmation. (Rule 132, Sec. 1)
7. These privileges belong to the Supreme that the original parties to the communication took testify altogether. The
Court as an institution, not to any justice reasonable precaution to protect its confidentiality. witness receiving a Q: How shall the witness give his answer?
or judge in his or her individual capacity. (Rule 130, Sec. 24) subpoena must obey. A: The answers shall be given orally,
Since the Court is higher than the It is only when the
individual justices or judges, no sitting or Q: What are the rights of a witness? incriminating question EXCEPT if:
retired justice or judge, not even the Chief A: is addressed that he 1. The witness is incapacitated to speak;
Justice, may claim exception without the 1. To be protected from irrelevant, improper, or may refuse to answer. 2. The question calls for a different mode of
consent of the Court. (In re: Production of insulting questions, and from harsh or insulting (Rosete v. Lim, GR No. answer. (Rule 132, Sec. 1)
Court Records, 2012) demeanor; 136051, June 8, 2006)
2. Not to be detained longer than the interests of NOTE: However, check the Judicial Affidavit Rule
Q: What is the rule with regard to parental and justice require; Invocation of the right The offense involved is which now allows the testimonies of witnesses to
filial privilege? 3. Not to be examined except only as to matters may be with reference one for which he may be in affidavits.
A: No person may be compelled to testify against pertinent to the issue; to: be tried in another
his parents, other direct ascendants, children and 4. Not to give an answer which will tend to • the offense case. Q: Give the order in the examination of an
other direct descendants. (Rule 130, Sec. 25) subject him/her to a penalty for an offense involved in the individual witness.
unless otherwise provided by law (Right same case (Regalado, Evidence, A: The order in which an individual witness may
Q: Distinguish parental privilege from filial against self-incrimination); wherein he is 842) be examined is as follows:
privilege. 5. Not to give an answer which will tend to charged, or 1. Direct-examination by the proponent;
A: degrade his/her reputation, unless it be the • an offense for 2. Cross-examination by the opponent;
1. Parental Privilege: A parent cannot be very fact at issue or to a fact from which the which he may be 3. Re-direct examination by the proponent;
compelled to testify against his child or fact in issue would be presumed. But a witness charged and tried 4. Re-cross-examination by the opponent.
direct descendants must answer to the fact of his previous final in another case (Rule 132, Sec. 4)
2. Filial Privilege: A child may not be conviction for an offense. (Right Against Self- (Regalado,
compelled to testify against his parents or Degradation) (Rule 132, Sec. 3) Evidence, 842) Q: What is the scope of cross-examination?
other direct ascendants A:
Q: Distinguish the right against self- 1. On any relevant matter, with sufficient
Q: Distinguish “use” and “transactional”
Q: What are the factors in determining if an incrimination of an accused and of an ordinary fullness and freedom to test the witness’s
immunity.
information is a trade secret and hence witness. accuracy and truthfulness and freedom
A:
protected from disclosure? A: from interest or bias, or the reverse
A: “USE” IMMUNITY “TRANSACTIONAL” 2. All important facts bearing upon the issue
ACCUSED ORDINARY
1. The extent to which the information is IMMUNITY (Rule 132, Sec. 6)
WITNESS
known outside of the employer’s business;
2. The extent to which the information is Prohibits the use of the Grants immunity to the NOTE: The 2019 amendment of 132, Sec. 6 now
He cannot be He may be compelled
known by employees and others involved witness’s compelled witness from expanded the coverage of cross-examination on
compelled to testify or to testify by subpoena,
in the business; testimony and its fruits prosecution for an “any relevant matter”. However, Rule 115, Sec. 1
produce evidence but he will have the
3. The extent of measures taken by the in any manner in offense to which his (d) provides that the scope of the cross-
even by subpoena or right to refuse to
employer to guard the secrecy of the connection with the compelled testimony examination of an accused shall only be on
other process or order answer an
information; criminal prosecution of relates. This second “matters covered by his/her direct examination”.
of the court. incriminating question
4. The value of the information to the the witness. immunity is broader.
at the time it is asked to
employer and to competitors; him. (Galman v. Pamaran, G.R. Nos. L-71208-09 and In People v. Ayson, G.R. No. 85215, 1989, the
5. The amount of effort or money expended L-71212-13, 1985) Supreme Court ruled that if an accused chooses
by the company in developing the to testify, then he may be cross-examined as any
information; and NOTE: Under R.A. 6981 (Witness Protection, other witness. He may be cross-examined as to
6. The extent to which the information could Security and Benefit Act), A witness admitted into any matters stated in his direct examination or
be easily or readily obtained through an the witness protection program cannot refuse to connected therewith.
independent source. (Air Philippines vs. testify or give evidence, produce books,
Although there is no definitive case on this matter A: Evidence that the witness has been convicted testimony; or A: A witness may be allowed to refresh his or her
yet, one can cite the 2019 amendment of Rule by final judgment of a crime shall be admitted if (a) 2. Evidence of prior inconsistent statements memory respecting a fact, by anything written or
132, Sec. 6 as basis to say that the accused who the crime was punishable by a penalty in excess of the witness. recorded by himself or herself, or under his or her
testifies may indeed be cross-examined “on any of one year; or (b) the crime involved moral direction at the time when the fact occurred, or
relevant matter” because he “may be cross- turpitude, regardless of the penalty. (Rule 132, Note: The rule provides that the unwilling or immediately thereafter, or at any time when the
examined as any other witness.” Sec. 12) hostile witness or adverse party may be fact was fresh in his or her memory and he or she
impeached in the same manner as if he or she was knew that the same was correctly written or
Q: What is a leading question? NOTE: Evidence of a conviction is not admissible an adverse party witness, except by evidence of recorded; but in such the case the writing or record
A: It is a question which suggests to the witness if the conviction has been the subject of an his or her bad character. must be produced and may be inspected by the
the answer which the examining party desires. It is amnesty or annulment of conviction. (Rule 132, adverse party, who may, if he or she chooses,
not allowed, Sec. 12) But, where the witness is an unwilling or hostile cross-examine the witness upon it, and may read
witness so declared by the court or is an adverse it in evidence.
EXCEPT: General Rule: The adverse party’s witness cannot party witness, the cross-examination shall only be
1. On cross-examination; be impeached by evidence of particular wrongful on the subject matter of his examination-in-chief. A witness may also testify from such writing or
2. On preliminary matters; acts. (Rule 132, Sec. 13) record, although he or she retains no recollection
3. When there is difficulty in getting direct of the particular facts, if he or she is able to swear
and intelligible answers from a witness Exception: It may be shown by the examination Q: What is the rule on good character of a that the writing or record correctly stated the
who is ignorant, or a child of tender years, of the witness or the record of the judgment that witness? transaction when made; but such evidence must
or is of feeble mind, or a deaf-mute; the adverse party’s witness has been convicted of A: Evidence of the good character of a witness is be received with caution (Rule 132, Sec. 16)
4. Of an unwilling or hostile witness; or an offense. not admissible until such character has been
5. Of a witness who is an adverse party or an impeached. (Rule 130, Sec. 54c) PRESENT PAST
officer, director, or managing agent of a Q: Can a party impeach his own witness?
RECOLLECTION RECOLLECTION
public or private corporation or of a A: Q: Distinguish between impeaching through
REFRESHED RECORDED
partnership or association which is an General Rule: A party producing a witness is not contradictory evidence and through prior
adverse party. (Rule 132, Sec. 10) allowed to impeach his/her own witness’ inconsistent statements.
credibility. A: Stimulus attempts to Where the witness
Q: What is a misleading question? revive current cannot recall the incident,
CONTRADICTORY PRIOR memory — document but a written record
A: It is a question which assumes as true a fact not Exceptions: EVIDENCE INCONSISTENT
yet testified to by the witness, or contraray to that 1. If the witness has become an unwilling or need not be admitted adopted by witness at the
STATEMENTS into evidence time is admitted in place
which he or she has previously stated. It is not hostile witness.
allowed. (Rule 132, Sec. 10) 2. If the witness is [a] an adverse party or [b] because the of witness’s testimony —
Contradictory evidence Prior inconsistent
an officer, director or managing agent of a testimony is the the document is the
refers to other statements refer to
Q: What is impeachment of a witness? public or private corporation or of a evidence evidence itself
testimony of the same statements, oral or
A: To impeach a witness means to call into partnership or association which is an witness, or other documentary, made by
question the veracity of the witness or by showing adverse party (Rule 132, Sec. 13) evidence presented by the witness sought to Q: When does the rule on examination of a
that the witness is unworthy of belief. 3. If the witness is not voluntarily offered but him in the same case. be impeached on child witness apply?
is required by law to be presented by the (Regalado, Evidence, occasions other than A: Unless otherwise provided, this Rule shall
Destroying credibility is vital because it is linked proponent, as in the case of subscribing 851) the trial in which he is govern the examination of child witnesses who are
with a witness’s ability and willingness to tell the witnesses to a will (Fernandez v. Tantoco, testifying. (Regalado, victims of crime, accused of a crime, and
truth. (Riano, 373) G.R. No. 25489, 1926) Evidence, 851) witnesses to crime.
Q: How can an adverse party’s witness be Q: When can a witness be considered as a …witnesses have It shall apply in all criminal proceedings and
impeached? hostile or unwilling witness? given conflicting non-criminal proceedings involving child
A: A: A witness will be considered hostile or unwilling testimonies, which are witnesses. (Sec. 1, A.M. 004-07 SC; the Rule on
1. Contradictory evidence; upon: inconsistent with their Examination of a Child Witness)
2. Evidence that his or her general reputation 1. Declaration by the court; present testimony and
for truth, honesty, or integrity is bad 2. Adequate showing of his/her adverse which would Q: What is the rule on hearsay exception in
3. Evidence that he/she has made at other interest, unjustified reluctance to testify, or accordingly cast a child abuse cases?
times statements inconsistent with his/her his/her having misled the party into calling doubt on their A: A statement made by a child describing any act
present testimony. (PRIOR him/her to the witness stand. (Rule 132, credibility. (Villalon v. or attempted act of child abuse, not otherwise
INCONSISTENT STATEMENTS) (Rule Sec. 13) IAC, G.R. No. 73751, admissible under the hearsay rule, may be
132, Sec. 11) 1986) admitted in evidence in any criminal or non-
Q: How can a party impeach his own witness? criminal proceeding subject to the following rules:
Q: When can impeachment be done by A: 1. Before such hearsay statement may be
evidence of conviction of a crime? 1. Evidence contradictory to witness’ Q: When is a witness allowed to refer to a
admitted, its proponent shall make known
memorandum?
to the adverse party the intention to offer 7. When offered without objection or there is
JUDICIAL EXTRAJUDICIAL
such statement and its particulars to Q: What is the sexual abuse shield rule? waiver.
ADMISSION ADMISSION
provide him a fair opportunity to object. A:
General Rule: The following evidence is not Q: What are the two branches of the res inter
Conclusive upon the Rebuttable
If the child is available, the court shall, admissible in any criminal proceeding involving alios acta rule?
admitter
upon motion of the adverse party, require alleged sexual child abuse: A:
the child to be present at the presentation a. Evidence offered to prove that the alleged 1. The rights of a party cannot be prejudiced
BUT may be
of the hearsay statement for cross- victim engaged in other sexual behavior; by an act, declaration, or omission of
contradicted by
examination by the adverse party. and another (Rule 130, Sec. 29)
showing that:
b. Evidence offered to prove the sexual 2. Similar Acts Rule: Evidence of one’s
a. It was made
When the child is unavailable, the fact of predisposition of the alleged victim previous conduct or similar acts at one
through palpable
such circumstance must be proved by the time is not admissible to prove that he did
mistake
proponent and his hearsay testimony shall Exception: Evidence of specific instances of or did not do the same or a similar act at
b. The imputed
be admitted only if corroborated by other sexual behavior by the alleged victim to prove that another time (Rule 130, Sec. 35)
admission was not,
admissible evidence. a person, other than the accused, was the source
in fact, made
2. In ruling on the admissibility of such of the semen, injury, or other physical evidence This rule only applies to extrajudicial declarations
hearsay statement, the court shall (This is admissible) (Sec. 30 of the Rule on Admissible, even if it is Admissible, only if it is (People v. Raquel, G.R. No. 119006, 2006)
consider the time, content, and Examination of a Child Witness) a self-serving not a self-serving
circumstances thereof which provide declaration declaration Q: What are the exceptions to the res inter alios
sufficient indicia of reliability. Factors to be Q: What are the two (2) types of Admissions? acta rule (1st branch)?
considered: A: A:
a. Whether there is a motive to lie 1. JUDICIAL ADMISSION – An Admission, Q: What is the Rule on Admissions by a Party? 1. Admission by a Co-Partner or Agent (Rule
b. The general character of the verbal or written, made by the party in the A: The act, declaration, or omission of a party as 130, Sec. 30);
declarant child course of the proceedings in the same case, to a relevant fact may be given in evidence against 2. Admission by a Co-Conspirator (Rule 130,
c. Whether more than one person does not require proof. The admission may be him. (Rule 130, Sec. 27) Sec. 31);
heard the statement contradicted only by showing that it was made 3. Admission by Privies (Rule 130, Sec. 32);
d. Whether the statement was one made in a judicial proceeding under Q: Are Self-Serving Declarations admissible? 4. Admission by Silence (Rule 130, Sec. 33;
spontaneous consideration. (Rule 129 Sec. 4) A: Self-serving declarations are not admissible. A see Tan Siok Kuan v. Returta, G.R. No.
e. The timing of the statement and 2. EXTRAJUDICIAL ADMISSION - one made self-serving declaration is one that is made by a 175085, 2016, J. Perez); and
the relationship between the out of court or in a judicial proceeding other party, out of court and in his favor. It does not 5. Interlocking Confessions (People v. Muit,
declarant child and witness than the one under consideration. (Perry v. include the testimony he gives as a witness in G.R. No. 181043, 2008)
f. Cross-examination could not Simpson, Conn. 313 cited in Riano) court. (People v. Omictin, G.R. No. 188130, 2010) 6. Statements made by an employee against
show the lack of knowledge of the his employer are admissible against the
declarant child Q: When are self-serving admissions latter, where the statements while in
JUDICIAL EXTRAJUDICIAL
g. The possibility of faulty admissible? employ and where they concerned a
ADMISSION ADMISSION
recollection of the declarant child A: matter within the scope of his
is remote 1. Diaries, if it is against interest, or if it is in the employment. (Mahlandt v. Wild Canid
Rule 129, Sec. 4 Rule 130, Sec. 27
h. The circumstances surrounding nature of books of accounts. Letters Survival & Research Center, 588 F.2d
the statement are such that there Made in course of the Out-of-court prepared not in anticipation of litigation are 626, 8th Cir. 1978)
is no reason to suppose the proceedings in the declaration not considered self-serving declarations.
declarant child misrepresented same case (See Rule 130 Sec. 5) Q: What is the rule on admissions by a third
the involvement of the accused 2. Part of the res gestae, including party?
3. The child witness shall be considered Does not require Requires proof; must spontaneous statements and verbal acts. A: The rights of a party cannot be prejudiced by an
unavailable under the following situations: proof; deemed be formally offered in (See Rule 130 Sec. 42) act, declaration, or omission of another, except as
a. Is deceased, suffers from physical automatically part of evidence 3. When in the form of complaint and hereinafter provided. (Rule 130, Sec. 29)
infirmity, lack of memory, mental the record exclamations of pain and suffering.
illness, or will be exposed to 4. When part of a confession offered by the Example: After a murder, Accused goes to his
severe psychological injury; or prosecution. (such as those favorable to the neighbor and tells her, “Napatay namin ni Jose si
b. Is absent from the hearing and the accused, e.g. I shot him because he was Juan”. His neighbor can testify on this fact in a
proponent of his statement has going to stab me.) murder case against Accused; the declaration may
been unable to procure his 5. When the credibility of a party has been be given in evidence as an admission only against
attendance by process or other assailed on the ground that his testimony is Accused. It is not admissible against Jose.
reasonable means (Sec. 28 of the a recent fabrication.
Rule on Examination of a Child 6. When offered by the opponent.
Witness)
HOWEVER: If the Accused testifies and explains NOTE: Applicable only to extrajudicial acts or 2. He was at liberty to interpose a denial; transposed into a judicial admission or confession.
the participation of Jose, then the testimony is declaration but NOT to testimony given on the 3. The statement was in respect to some (People v. Buntag, G.R. No. 123070, 2004)
admissible against Jose. stand at the trial where the defendant has the matter affecting his rights or in which he
opportunity to cross-examine the declarant. was then interested, and calling, naturally, Q: What is the rule on admissibility of
NOTE: Sec. 28 [now Sec. 29], Rule 130 refers to (People v. Serrano, G.R. No. L-7973, 1959) for an answer; extrajudicial confessions?
the first branch of the res inter alios acta rule. The 4. The facts were within his knowledge; and A: To be admissible, it is necessary that:
second branch can be found in Sec. 35, Rule Q: What is the rule on admission by privies? 5. The fact admitted or the inference to be 1. The confession must involve an express
130—similar acts as evidence. (Regalado 2008 A: drawn from his silence would be material and categorical acknowledgement of guilt.
ed., 758) General Rule: In order for an admission of a to the issue. (People v. Paragsa, G.R. No. 2. The facts admitted must be constitutive of
former owner of property to be admissible against L-44060, 1978) a criminal offense.
Q: What is the rule on admission by a co- his successor in title, it must have been made at 3. The confession must have been given
partner or agent? the time when the title was still held by the Q: Distinguish an admission from confession. voluntarily.
A: The act or declaration of a partner or agent of declarant. (Rule 130, Sec. 33) A: 4. The confession must have been
the party may be given in evidence against his co- intelligently made, the accused realizing
ADMISSION CONFESSION
partner or agent provided that the following Exception: The declaration made subsequent to the importance or legal significance of his
requisites are present: the transfer of the property shall be admissible: act.
1. That the partnership or agency be 1. Where the declaration was made in the A statement of fact Involves an 5. There must have been no violation of
previously proven by evidence other than presence of the transferee and he which does not involve acknowledgement of Section 12, Art. III of the 1987
the admission itself. acquiesces in the statements or asserts an acknowledgement guilt or liability Constitution. (People v. Muleta, G.R. No.
2. The act or declaration refers to a matter no rights where he ought to speak. (Rule of guilt or liability 130189, 1999)
within the scope of his authority or the 130, Sec. 33)
partner or agent was authorized by the 2. Where the evidence establishes a May be express or Must be express NOTE the guidelines in confessions in custodial
party to make a statement concerning the continuing conspiracy to defraud which tacit investigations and interrogations.
subject conspiracy exists between the vendor and
May be made by third Can be made only by
3. The act or declaration was made during the vendee. (Rule 130, Sec. 31) Q: Are extra-judicial confessions binding
the existence of the partnership or persons and, in certain the party himself and, against a co-accused?
cases, are admissible in some instances, are
agency. (Rule 130, Sec. 30) NOTE: The act of a predecessor is not binding on A: The extrajudicial confession of an accused is
against a party (see admissible against his
the successor if the acts/declarations made by the binding only upon himself and is not admissible
Rule 130, Sec. 40, on co-accused (e.g.,
NOTE: The same rule applies to the act or predecessor acknowledging ownership or offering against his co-accused. (People v. Lising, G.R.
declaration of a joint owner, joint debtor, or other to purchase the property from a third party were declarations against interlocking No. 106210-11, 1998)
interest) confessions)
person jointly interested with the party. made before the predecessor held title to the land.
1. There exists a joint interest between the (City of Manila v. Del Rosario, G.R. No. 1284, Q: When are extra-judicial confessions binding
joint owner, joint debtor, or other person 1905) In a confession, there is an acknowledgment of against a co-accused?
jointly interested with the party; guilt. On the other hand, the term admission is A:
2. The existence of the joint interest must Q: What is admission by silence? usually applied in criminal cases to statements of 1. If the co-accused impliedly acquiesced in
first be made to appear by evidence other A: An act or declaration made in the presence and fact by the accused which do not directly involve or adopted the confession by not
than the act or declaration itself; within the hearing or observation of a party who an acknowledgment of his guilt or of the criminal questioning its truthfulness, as where it
3. The act or declaration was made while the does or says nothing when the act or declaration intent to commit the offense charged. The rights of was made in his presence and he did not
interest was subsisting; and is such as naturally to call for action or comment if an accused are not confined to the period prior to remonstrate against his being implicated
4. The act relates to the subject matter of the not true, and when proper and possible for him to the filing of an information but are available at that by it; (waiver) ((People v. Raquel, G.R.
joint interest (Rule 130, Sec. 30) do so, may be given in evidence against him or stage when a person is under investigation for the No. 119005, December 2, 1996; People v.
her. (Rule 130, Sec. 33) commission of an offense. Amajul, G.R. Nos. 14626-27, February 28,
Q: What is the rule on admission by a 1961)
conspirator? Q: Is admission by silence applicable in These rights are available to a person at any time 2. If the co-accused persons voluntarily and
A: The act or declaration of a conspirator may be criminal cases? before arraignment whenever he is investigated independently executed identical
given in evidence against the co-conspirator A: Yes. The rule allowing silence of a person to be for the commission of an offense. (People v. confessions without conclusions;
provided the following requisites are present: taken as an implied admission of the truth of the Maqueda, G.R. No. 112983, 1995) Confessions corroborated by other
1. That the conspiracy be first proved by statements uttered in his presence is applicable in evidence and without contradiction by the
evidence other than the act or declaration criminal cases. (People v. Paragsa, G.R. No. L- Q: When is an extrajudicial admission or co-accused who was present
itself. 44060, 1978) confession transposed into a judicial (INTERLOCKING CONFESSIONS)
2. That the act or declaration was in admission or confession? 3. Where the co-accused admitted the facts
furtherance of the conspiracy. Q: What must be shown in order for admission A: Where an extrajudicial admission or confession stated by the confessant after being
3. That the act or declaration was made by privies to be admissible? is repeated during trial and the other accused is apprised of such confession;
during the existence of the conspiracy. A: It must appear that: accorded the opportunity to cross-examine the 4. If the confession is used only as a
(Rule 130, Sec. 31) 1. He heard and understood the statement; admitter, such admission or confession is corroborating evidence against the other
co-accused charged as co-conspirators; NOTE: Rule 130, Sec. 35 is the second branch of Exception: Evidence of specific instances of 6. An unaccepted offer of plea of guilty to a
5. Where the confession is used as the res inter alios acta rule and applies to both civil sexual behavior by the alleged victim to prove that lesser offense;
circumstantial evidence to show the and criminal cases. This is also known as a person, other than the accused, was the source 7. Those covered by Katarungang
probability of participation by the co- “propensity evidence”. of the semen, injury, or other physical evidence. Pambarangay Law;
conspirator; (This is admissible.) 8. B.P. 22 cases;
6. Where the co-conspirator used as Q: What is the criteria for introduction of habit 9. Any statement made in the course of plea
circumstantial evidence corroborated by evidence or pattern of conduct? Q: What is the Rule on Compromises in civil bargaining with the prosecution, which
other evidence of record. (People v. A: cases? does not result in a plea of guilty or which
Lising, G.R. No. 106210-11, 1998) 1. Adequacy of sampling A: results in a plea of guilty later withdrawn.
2. Uniformity of response General Rule: An offer of compromise is not an
Q: What is the doctrine of interlocking admission of any liability and is NOT admissible in Q: What is the good Samaritan doctrine?
confessions? NOTE: After all, habit means a course of behavior evidence against the offeror. A: An offer to pay or the payment of medical,
A: The rule that an extrajudicial statement is of a person regularly represented in like hospital or other expenses occasioned by an injury
evidence only against the person making it, also circumstances. It is only when examples offered to Exception: When such offer is clearly not only to is not admissible in evidence as proof of civil or
recognizes various exceptions. One such establish pattern of conduct or habit are numerous buy peace but amounts to an admission of liability, criminal liability for the injury.
exception worth noting is the rule that where enough to lose an inference of systematic conduct the offered compromise being directed only to the
several extrajudicial statements had been (i) made that examples are admissible. (Boston Bank v. amount paid (El Varadero de Manila v. Insular The offer of compromise which naturally, under the
by several persons charged with an offense and Manalo, G.R. No. 158149, February 9, 2006) Lumber, G.R. No. 21911, September 15, 1924). general rules of evidence, must be excluded,
(ii) there could have been no collusion with except that as the amounts named in the offers to
reference to said several confessions, (iii) the facts Q: What is character evidence? Rule on Compromise Negotiations: accept certain sums in settlement appear to have
that the statements are in all material respects A: Character is defined to be the possession by a Neither is evidence of conduct nor statements been arrived at as a fair estimate of value, they are
identical, is confirmatory of the confession of the person of certain qualities of mind and morals, made in compromise negotiations admissible. relevant. (El Veradero v. Insular, G.R. No. 21911,
co-defendants and is admissible against other distinguishing him from others. It is the opinion 1924)
persons implicated therein. generally entertained of a person derived from the Exception:
common report of the people who are acquainted 1. Evidence otherwise discoverable; Q: What is Hearsay?
They are also admissible as circumstantial with him; his reputation. (Francisco, p. 213 citing 2. Offered for another purpose, such as A: A statement other than one made by the
evidence against the person implicated therein to People v. Lee, 382 SCRA 596, 2002) proving bias or prejudice of a witness, declarant while testifying at a trial or hearing,
show the probability of the latter’s actual negativing a contention of undue delay or offered to prove the truth of the facts asserted
participation in the commission of the crime and NOTE: Please study the rules on admissibility of proving an effort to obstruct a criminal therein.
may likewise serve as corroborative evidence if it character evidence under Rule 139, Sec. 54 investigation or prosecution. (Rule 130,
is clear from other facts and circumstances that sec. 28) A statement is:
other persons had participated in the perpetration Q: What are the Similar Acts Rule in special 1. An oral or written assertion or
of the crime charged and proved. (People v. laws? Q: What is the rule on compromises in criminal 2. A non-verbal conduct of a person, if it is
Lising, G.R. Nos. 106210-11, 1998). A: cases? intended by him or her as an assertion
1) RAPE SHIELD (SEC. 6, R.A. No. 8505): In A: (Rule 130, Sec. 37)
Q: What is the rule on similar acts as evidence? prosecutions for rape, evidence of the General Rule: an offer of compromise by the
A: complainant’s past sexual conduct, opinion accused may be received in evidence as an Hearsay evidence is inadmissible except as
General Rule: Evidence that one did or did not do thereof, or of his/her reputation shall not be implied admission of guilt. otherwise provided in these Rules.
a certain thing at one time is not admissible to admitted:
prove that he did or did not do the same or similar Exceptions: NOTE: The statement must be offered to prove the
thing at another time. (Rule 130, Sec. 35) Exception: Unless, and only to the extent that the 1. Plea of guilty later withdrawn; truth of the matter asserted (TOMA) to be covered
court finds, that such evidence is relevant and 2. Tax cases – payment of any internal by the hearsay rule. (Rule 130, Sec. 37)
Exceptions: Similar acts may be received as material to the case. revenue tax may be compromised, and all
evidence to prove. (SIPPS-HCU) criminal violations may likewise be Q: What are the elements of hearsay?
1. A Specific intent or knowledge 2) RULE ON EXAMINATION OF CHILD compromised (Sec. 204, NIRC) A:
2. Identity WITNESSES (Sec. 30): The following evidence is 1. There must be an out-of-court statement,
3. Plan not admissible in any criminal proceeding involving EXC: Those already filed in court & those whether oral or written, or a conduct
4. System alleged sexual child abuse: involving fraud intended as an assertion, and
5. Scheme a) Evidence offered to prove that the alleged 3. Offer to pay or the payment of medical, 2. The statement made out of court is
6. Habit victim engaged in other sexual behavior; hospital, or other expenses occasioned by repeated and offered by the witness to
7. Custom and an injury prove the truth of the matters asserted in
8. Usage; and b) Evidence offered to prove the sexual 4. Those involving quasi-offenses or criminal the statement.
9. The like. predisposition of the alleged victim negligence; (Rule 130, Sec. 28)
5. Those allowed by law to be compromised; Q: When is a statement not hearsay? (NON-
(Rule 130, Sec. 28) HEARSAY STATEMENTS)
A: A statement is NOT hearsay if the declarant c. A person in whose behalf a case is Q: Distinguish Act or declaration about
DECLARATIONS
testifies at the trial or hearing and is subject to prosecuted pedigree (Sec. 41) and Family reputation or
cross-examination concerning the statement, and → TESTIFIES on a matter of fact AGAINST INTEREST ADMISSIONS tradition regarding pedigree (Sec. 42).
the statement is: occurring before the death of the (Rule 130, Sec. 40) A:
1. Inconsistent with the declarant’s deceased or before the person became
Exception to the Admissions of a party
testimony and was given under oath of unsound mind,
hearsay rule; are NOT covered by SECTION 41 SECTION 42
subject to the penalty of perjury at a trial, 4. Any statement of the deceased or the person
admissible the Hearsay Rule (see
hearing or other proceeding, or in a of unsound mind, may be received in
Estrada v. Desierto) Act or declaration Family reputation or
deposition evidence if:
about pedigree tradition regarding
2. Consistent with the declarant’s testimony a. The statement was made upon the
Secondary evidence; Primary evidence; pedigree
and is offered to rebut an express or personal knowledge of the
admissible only if the admissible even if the
implied charge against the declarant of deceased or person of unsound mind Actor/Declarant is The witness testifies
declarant is dead or declarant is available
recent fabrication or improper influence or b. At a time when the matter had been deceased or unable to as to the reputation or
unable to testify as a witness
motive; or recently perceived by him or her and testify tradition regarding
3. One of identification of a person made c. While his or her recollection was The fact asserted in A party’s admission pedigree within the
after perceiving him or her (Rule 130, Sec. clear. the declaration must need not have been family (the
37) have been at the time made against his actors/declarants may
Such statement, however, may be inadmissible if it was made so far interest at the time it be dead or alive).
Q: What are the exceptions to the hearsay made under circumstances indicating its lack of contrary to the was made.
rule? TRUSTWORTHINESS (Rule 130, Sec. 39). declarant’s own Witness need not be a Witness is a member
A: interest that a member of the family of the family
1. Dying declarations; NOTE: The previous version of this provision was reasonable man in his
2. Statement of decedent or person of the former Rule 130, Sec. 23 on disqualifications position would not Relation of the The witness himself is
unsound mind; by reason of death or insanity of adverse party have made that actor/declarant and the one to whom the
3. Declaration against interest; (Dead man’s rule) declaration unless he the person subject of fact relates; it is not
4. Act or declaration about pedigree; believed it to be true the inquiry must be necessary for him to
5. Family reputation or tradition regarding The former Dead Man’s rule has now been established by establish by
pedigree; superseded. NOT necessary that The declarant or independent evidence independent evidence
6. Common reputation; the person declarant someone identified in his relationship to his
7. Part of res gestae; The former Dead Man’s rule prohibited the be a party to the interest is a party to family
8. Records of regularly conducted business survivor from testifying against the deceased or action; it is admissible the action
activity; person of unsound mind; the Dead Man’s Statute in an action where his
9. Entries in official records; put the two parties on equal footing: Where death Q: What is the rule on res gestae?
declaration is relevant
10. Commercial lists and the like; has sealed the lips of the dead, the law seals the A: Statements made by a person while a startling
11. Learned treatises; lips of the living. occurrence is taking place or immediately prior or
May be admitted Used only against the
12. Testimony or deposition at a former subsequent thereto, under the stress of
against himself or his party admitting and
proceeding; BUT now, a party, a party’s assignor or a person excitement caused by the occurrence with respect
successor-in-interest those identified with
13. Residual exception (Rule 130, Secs. 38- in whose behalf a case is being prosecuted in an to the circumstances thereof, may be given in
and against 3rd him in legal interest
50) action demanding or claiming against the evidence as part of the res gestae. So, also,
persons
executor, administrator or other representative of statements accompanying an equivocal act
Q: What is the rule on the statement of the deceased or the person of unsound mind, can The declarant must be An admission is made material to the issue, and giving it a legal
decedent or person of unsound mind? now TESTIFY on a matter of fact occurring before first accounted for as by the party himself, significance, may be received as part of the res
A: the death of the deceased or before the person dead, absent from the primary evidence and gestae (Rule 130, Sec. 44)
1. In an action: became of unsound mind. jurisdiction, or competent though he
a. Against an executor or otherwise unavailable is present in court and Q: What are the 2 types of res gestae
administrator or other representative Q: Distinguish Declarations Against Interest as a witness ready to testify utterances?
of a deceased person or and Admissions. A:
b. Against a person of unsound mind A: Declarations against May be made at any 1) Spontaneous Statements
2. Upon a claim or demand against the estate interests must have time, before or during Requisites:
of such deceased person or against such been made ante litem the trial a. There must be a startling occurrence;
person of unsound mind, motam (before the b. The statement must be made before the
3. Where a: controversy) declarant had the time to contrive or
a. Party or devise a falsehood, and
b. Assignor of a party or c. The statement must concern the
occurrence in question and its immediate
attending circumstances. (People v.
Estibal, G.R. No. 208749, 2014) are matters of fact derived from his own perception Q: What is the weight or probative value of
RES GESTAE DYING
and the purpose is only to prove either that the expert testimony?
DECLARATION
2) Verbal Acts – utterances which accompany statement was made or the tenor thereof. A: The court is not bound by the opinion of an
some equivocal act or conduct to which it is (Regalado citing People v. Cusi, G.R. No. L- expert such as a handwriting expert. Expert
The rule of res gestae The trustworthiness
desired to give a legal effect. 20986, 1965; Cornejo, Sr. v. Sandiganbayan, G.R. opinion evidence is to be considered or weighed
has its justification in of a dying declaration
Requisites: No. 58831, 1987; Sebastian, Sr. v. Garchitorena. by the court, like any other testimony, in light of its
the spontaneity of the is based upon its
a. Act or occurrence characterized must be et al., G.R. No. 114026, 2000) own general knowledge and experience upon the
statement (Regalado, being given under the
equivocal; subject of inquiry. (Dizon v Tuazon, G.R. No.
2008 ed.) awareness of
b. Verbal acts must characterize or explain The doctrine on independently relevant 172167, 2008)
impending death
the equivocal act; statements states that conversations
(Regalado, 2008 ed.)
c. Equivocal act must be relevant to the communicated to a witness by a third person may NOTE: Please review the guidelines that may be
issue; and It may precede, Confined to matters be admitted as proof that, regardless of their truth used to determine the weight to be given to opinion
d. Verbal acts must be contemporaneous accompany or follow surrounding or or falsity, they were actually made. Evidence as to of expert witness under Rule 133, Sec. 5.
with equivocal act (Talidano v. Falcom, the events occurring as occurring after the the making of such statements is not secondary
G.R. No. 172031, 2008) a part of the principal homicidal act (People but primary, for in itself it (a) constitutes a fact in Q: When may the opinion of an ordinary
act (People v. Peralta, v. Peralta, G.R. No. issue or (b) is circumstantially relevant to the witness for which proper basis is given be
Q: Distinguish spontaneous statements and G.R. No. 94570, 1994) 94570, 1994) existence of such fact. (Republic v. Heirs of received in evidence? (LAY OPINION)
verbal acts. Alejaga, G.R. No. 146030, 2002) A:
A: 1. The identity of a person about whom he
Q: What is the rule on residual exception? Q: What are the two classes of Independently has adequate knowledge
SPONTANEOUS VERBAL ACTS A: A statement not specifically covered by any of Relevant Statements? 2. A handwriting with which he has sufficient
STATEMENTS the foregoing exceptions, having equivalent A: familiarity; and
circumstantial guarantees of trustworthiness, 1. Those statements which are the very facts in 3. The mental sanity of a person with whom
Res gestae is the Res gestae is the
is admissible if the court determines that: issue. he is sufficiently acquainted.
startling occurrence equivocal act
a. The statement is offered as evidence of a 2. Those statements which are circumstantial
material fact; evidence of the facts in issue. The witness may also testify on his impressions of
Statement may be Statement must be
b. The statement is more probative on the the emotion, behavior, condition or appearance of
made prior, or contemporaneous
point for which it is offered than any other Examples: a person. (Rule 130, Sec. 53)
immediately after, the with or must
evidence which the proponent can • Statement of a person showing his state
startling occurrence accompany the
procure through reasonable efforts; and of mind; Q: Is the testimony of a handwriting expert
equivocal act
c. The general purposes of these rules and • Statement of a person showing his mandatory?
(Riano) the interests of justice will be best served physical condition; A: No. Handwriting experts, while probably useful,
by admission of the statement into • Statement of a person to infer a state of are not indispensable in examining or comparing
Q: Distinguish Res Gestae and Dying evidence. mind of another person; handwriting. This is so since under Section 22,
Declaration. • Statements which may identify the date, Rule 132, the handwriting of a person may be
A: However, a statement may not be admitted under place and person in question; proved by any witness who believes it to be the
this exception unless the proponent makes known • Statements to show a lack of credibility of handwriting of such person, because he has seen
RES GESTAE DYING
to the adverse party, sufficiently in advance of the a witness. (Estrada v. Desierto, G.R. Nos. the person write, or has seen writing purporting to
DECLARATION
hearing, or by the pre-trial stage in the case of a 146710-15, 2001) be his upon which the witness has acted or been
trial of a main case, to provide the adverse party charged, and has thus acquired knowledge of the
It is the event itself A sense of impending
with fair opportunity to prepare to meet it, the Q: Are opinions admissible in evidence? handwriting of such person. The said section
which is speaking death takes the place
proponent’s intention to offer the statement and A: The opinion of a witness is not admissible. further provides that evidence respecting the
through the witness of an oath and the law
the particulars of it, including the name and handwriting may also be given by a comparison,
(People v. Peralta, regards the declarant
address of the declarant. (Rule 130, Sec. 50) Exceptions: made by the witness or the court, with writings
G.R. No. 94570, 1994) as testifying (People
v. Peralta, G.R. No. 1. Opinion of expert witness (Rule 130, admitted or treated as genuine by the party against
Q: What is the Doctrine of Independently Section 52) whom the evidence is offered or proved to be
94570, 1994)
Relevant Statements? 2. Opinion of ordinary witness (Rule 130, genuine to the satisfaction of the judge. (People v.
A statement as part of Made only by the A: Where the statements or writings attributed to a Section 53) Godoy, G.R. Nos. 115908-09, December 6, 1995)
the res gestae may be victim (Regalado, person who is not on the witness stand are being
that of the killer himself 2008 ed.) offered not to prove the truth of the facts stated Q: What are the rules on expert witnesses? Q: When can character evidence be admitted?
during or after the therein but only to prove that those statements A: The opinion of a witness on a matter requiring A: The general rule is character is not admissible
killing or that of a third were actually made, or those writings were special knowledge, skill, experience or training in for the purpose of proving action in conformity
person (Regalado, executed, such evidence is not covered by the which he shown to possess, may be received in therewith on a particular occasion. (Rule 30,
2008 ed.) hearsay evidence rule. The witness who testifies evidence. (Rule 130, Sec. 52) Section 54).
thereto is competent because he heard the same
or saw the execution of the document, as these
EXC: Character evidence may only be admissible (2) CIVIL CASES 3. A person whose presene is essential to accused. (People v. Vivencio De Roxas et al.,
in evidence in: Evidence of the moral character of a party in a civil the presentation of the party’s cause; or G.R. No. L-16947, 1962)
case is admissible only when pertinent to the issue 4. A person authorized by a s tatute to be 4. Evidence which have not been formally
(1) CRIMINAL CASES of character involved in the case. (Rule 130, Sec. present. (Rule 132, Sec. 15) offered, but 1) have been duly identified by
a. As to the character of the accused – 54[b]) testimony duly recorded, and 2) have been
i. The accused may prove his or her NOTE: The court may also cause witnesses to be incorporated to the records of the case.
good moral character, which is General Rule: The moral character of a party to a kept a.) separate; and b.) prevented from (Guyamin v. Flores, G.R. No. 202189, April 25,
pertinent to the moral trait civil case is not a proper subject of inquiry. conversing with one another, directly or through 2017)
involved in the offense charged. intermediaries, until all shall have been examined.
(Rule 130, Sec. 54[a][2]). Exception: In cases where, because of the nature (Rule 132, Sec. 15) Q: When to make an offer?
of the action, the character of a party becomes a A:
For example, the accused in a matter in issue. Q: When does the Judicial Affidavit Rule apply
murder case may present in criminal cases?
TESTIMONIAL DOCUMENTARY
evidence that he has a reputation (3) CRIMINAL AND CIVIL CASES A:
EVIDENCE AND OBJECT
for being a peaceful person. Evidence of the good character of a witness is not 1. Where the maximum of the imposable
EVIDENCE
admissible until such character has been penalty does not exceed six years.
ii. The prosecution may not prove impeached. (Rule 130, Sec. 54[c]) 2. Where the accused agrees to the use of
The offer must be It shall be offered after
his or her bad moral character judicial affidavits, irrespective of the
made at the time the the presentation of a
pertinent to the moral trait In all cases in which evidence of character or trait penalty involved; or
witness is called to party’s testimonial
involved in the offense charged, of character of a person is admissible, proof may 3. With respect to the civil aspect of the
testify. (Rule 132, Sec. evidence. (Rule 132,
unless on rebuttal. (Rule 130, be made by testimony as to reputation or by actions, whatever the penalties involved.
35) Sec. 35)
Sec. 54[a][2]) testimony in the form of an opinion. On cross- (Judicial Affidavit Rule, Sec. 9)
examination, inquiry is allowable into relevant
In rebuttal, the prosecution may specific instances of conduct. (Rule 130, Sec. 54, Q: What is the legal significance of a judicial NOTE: The Rules of Court now mandate that all
present evidence that the second par.) affidavit under the Judicial Affidavit Rule? evidence be offered orally. (Rule 132, Sec. 35)
accused has a reputation for A: The judicial affidavits shall take the place of the
being a quarrelsome person. In cases in which character or trait of character of witnesses’ direct testimonies. (Judicial Affidavit Q: What are the rules on objections in relation
a person is an essential element of a charge, claim Rule, Sec. 2(1)) to the type of evidence offered?
b. As to the Character of the Offended or defense, proof may also be made of specific A:
Party instances of that person’s conduct (Rule 130, Sec. Q: May a court allow the late submission of a
The character of the offended party may 54, third par.) judicial affidavit?
WHEN OFFERED WHEN IT MAY BE
be proved if it tends to establish in any A: Yes. Generally, a party who fails to submit the
OBJECTED TO
reasonable degree the probability or Q: What is the reckoning period for the required judicial affidavits and exhibits on time
improbability of the offense charged. (Rule determination of the character of the person? shall be deemed to have waived their submission.
OBJECT EVIDENCE
130, Sec. 54[a][1]) A: Settled is the principle that evidence of one’s The court may, however, allow only once the late
character or reputation must be confined to a time submission of the same provided, the delay is for When the same is Should be made either
For example, in a murder case, the not too remote from the time in question. In other a valid reason, would not unduly prejudice the presented for its view at the time it is
accused, invoking self-defense, can words, what is to be determined is the character or opposing party, and the defaulting party pays a or evaluation, as in presented in an ocular
present evidence that the offended party reputation of the person at the time of the trial and fine of not less than P 1,000 nor more than P 5,000 ocular inspection or inspection or
(the victim) was of a quarrelsome prior thereto, but NOT at a period remote from the at the discretion of the court. (Sec. 10, A.M. No. demonstrations, or demonstration or when
disposition. commencement of the suit. (CSC v. Belagan, G.R. 12-8-8-SC). when the party rests his it is formally offered
No. 132164, 2004) case (after the
Sexual abuse shield rule in child sexual abuse F. OFFER AND OBJECTION presentation of a
cases Q: When may a witness be excluded and party’s testimonial
The following evidence, however is not admissible separated? Q: What are the exceptions to the formal offer evidence [Rule 132,
in any criminal proceeding involving alleged child A: The court, motu proprio or upon motion, shall rule? Sec. 35]) and the real
sexual abuse under the “sexual abuse shield” rule: order witnesses excluded so that they cannot hear A: evidence consists of
1. Evidence to prove that the alleged victim the testimony of other witnesses. 1. The same must have been duly identified by objects exhibited in
engaged in other sexual behavior; and testimony duly recorded, and court.
2. Evidence offered to prove the sexual EXCEPT: This rule does not authorize exclusion 2. The same must have been incorporated in the
predisposition of the alleged victim (Riano, of: records of the case. (People v Libnao, G.R.
p. 367 citing Sec. 30 of the Rule on 1. A party who is a natural person; No. 13860, 2003)
Examination of a Child Witness) 2. A duly designated representative of a 3. Exhibits which were not formally offered by the
juridical entity which is a party to the case; prosecution but were repeatedly referred to in
the course of the trial by the counsel of the
WHEN OFFERED WHEN IT MAY BE

Q: What are the exceptions on the rule on 7. SPECIAL CIVIL ACTIONS public respondent’s evaluation of the evidence and
striking out an answer? factual findings based thereon (RIANO, 2019, pp.
OBJECTED TO
A: A motion to strike out the answer is available as A. EXPROPRIATION 648 – 649, citing Francisco v. Loyola Plans, Inc.
a remedy where: G.R. No. 194134, 2016 and Almargo v. PAL, G.R.
TESTIMONIAL EVIDENCE
1. Where a witness answers a question Q: What is expropriation? No. 204803, 2018).
When witness is called As to the qualification before the adverse party had the A: It is a process by which the power of eminent
to the witness stand, of the witness – should opportunity to voice fully its objection to domain is carried out; taking as of private owned Q: What is the purpose of certiorari?
before he/she testifies be made at the time he the same property, by government under eminent domain A: That the judgment, order, or resolution subject
is called to the stand 2. Where a question not objectionable, but (Barangay Sindalan v. CA, G.R. No. 150640, of the petition for certiorari be annulled or
and immediately after the answer is not responsive 2007). modified (Rule 65, Sec. 1).
the opposing party 3. Where a witness testifies without a
offers his/her question being posed Q: What are the two stages in an action for Q: What are the requisites of a valid Certiorari?
testimony. 4. Where witness testifies beyond limits set Expropriation? A:
by the court A: 1. Tribunal, board, or officer exercises
If otherwise qualified - 5. Where the witness does a narration Stage 1: Determination of the plaintiff’s authority to judicial or quasi-judicial functions;
objection should be instead of answering the question (Rule exercise the power of eminent domain and the 2. Tribunal, board, or officer has acted
raised when grounds 132, Sec. 39) propriety of its exercise in the context of the facts without or in excess of jurisdiction or
therefor become involved in the suit. with grave abuse of discretion; and
reasonably apparent or Q: What is tender of excluded evidence? 3. There is no appeal or any plain, speedy,
after the answer is A: Where the court refuses to permit the counsel Stage 2: Determination by the court of the just and adequate remedy in the ordinary
given if the to present evidence which he thinks is competent, compensation for the property sought to be taken course of law (Rule 65, Sec. 1).
objectionable features material and necessary to prove his case, the (Suguitan v. City of Mandaluyong, 123 SCRA 73,
became apparent by method to properly preserve the record to the end 2000). Q: What are the grounds?
reason of such answer. that the question may be saved for the purpose of A: That the public respondent acted either with:
review during appeal, is through the making of an Q: What is the scope of expropriation? 1. Lack of jurisdiction
DOCUMENTARY EVIDENCE offer of proof. (Jose Catacutan v. People, G.R. No. A: Expropriation is not limited to the acquisition of 2. Excess of jurisdiction
175991, August 31, 2011) real property with a corresponding transfer of title 3. Grave abuse of discretion amounting to
Formally offered by the At the time it is formally or possession. The right-of-way easement lack or excess of jurisdiction (Rule 65,
proponent after the offered. (Francisco, Q: What is the rule on Tender of Excluded resulting in a restriction or limitation on property Sec.1)
presentation of his/her supra) Evidence? rights over the land traversed by transmission lines
last witness and before A: also falls within the ambit of the term Q: Is a motion for reconsideration required
he rests his case. 1. If the excluded evidence is “expropriation” (National Power Corporation vs. before filing a petition for certiorari?
(Francisco, supra) documentary or object - the offeror may Vda. De Capin, G.R. No. 175176, 2008). A:
have the same attached to or made part of General Rule: Yes, the settled rule is that a
the record. (Rule 132, Sec. 40) motion for reconsideration is a condition sine qua
NOTES: 2. If the evidence excluded is oral – the
B. CERTIORARI non for the filing of a petition for certiorari. Its
1. An objection to evidence cannot be made offeror may state for the record the name purpose is to grant an opportunity for the court to
in advance of the offer of the evidence and other personal circumstances of the Q: What is a writ of certiorari? correct any actual or perceived error attributed to
sought to be introduced. A: A writ directed against any tribunal, board, or
witness and the substance of the it.
2. Objection to evidence cannot be raised for officer exercising judicial or quasi-judicial
proposed testimony. (Rule 132, Sec. 40)
the first time on appeal. (People v. Jimmy functions, to annul or nullify a proceeding because Exceptions: (When MR not required)
Gabuya y Adlawan, G.R. No. 195245, the entity or person either acted without/in excess 1. Where the order is a patent nullity, as
February 16, 2015) of jurisdiction, or with grave abuse of discretion
where the court a quo has no jurisdiction
amounting to lack or excess of jurisdiction, by a
2. Questions raised have been raised and
Q: What is the rule on repetition of objection? person who has no appeal, nor any plain, speedy, passed upon by the lower court or are the
A: When it becomes reasonably apparent in the and adequate remedy in the ordinary course of law
same as those raised and passed upon in
course of the examination of a witness that the (Rule 65, Sec. 1).
the lower court
questions being propounded are of the same class 3. Urgent necessity for the resolution of the
as those to which objection has been made, Q: What is the nature of certiorari? question and any further delay would
whether such objection was sustained or A: A petition for certiorari is a special civil
prejudice the interests of the government
overruled, it shall not be necessary to repeat the action/original action and not a mode of appeal. or the petitioner or the subject matter of
objection, it being sufficient for the adverse party the action is perishable
to record his/her continuing objection to such class The sole office of a certiorari is the correction of 4. A motion for reconsideration would be
of question. (Rule 132, Sec. 37) errors of jurisdiction, including the commission of
useless
grave abuse of discretion amounting to lack of
5. Petitioner was deprived of due process
jurisdiction and does not include correction of
and there is extreme urgency for relief Reterta v. Sps. Lorenzo Mores, G.R. No. 159941, Consequently, the writ will not lie to enjoin acts directed by mandamus to act but not to act in one
6. In a criminal case, relief from an order of 2011). already done. (Tolentino v. Commission on way or another. Available to compel action, when
arrest is urgent and the granting of such Elections, G.R. No. 148334, 2004) refused, even in matters involving judgment and
relief by the trial court is improbable Q: Is certiorari the proper remedy for assailing discretion, but not to direct the exercise of
7. The proceedings in the lower court are a an order DENYING a motion to dismiss? Exceptions: In specific cases wherein, the SC judgment in a particular matter.
nullity for lack of due process A: As a rule, the denial of a motion to dismiss is allowed a writ of prohibition even when the act is
8. The proceedings was ex parte or in which not appealable since it is merely an interlocutory already fait accompli: When there is gross abuse of discretion, manifest
the petitioner had no opportunity to object order. However, if the denial is issued without 1. Where it would prevent the creation of a injustice, or palpable excess of authority. (Riano,
9. Issue raised is purely of law or where jurisdiction, or with excess of jurisdiction, or in new province by those in the corridors of 2016 citing Dejuras v. Villa, G.R. No. 173428,
public interest is involved grave abuse of discretion amounting to lack of power who could avoid judicial 2010; MA Jimenez Enterprises v. Ombudsman,
10. Judicial intervention is urgent excess of jurisdiction, it may be the subject of intervention and review by merely G.R. No. 155307, 2011).
11. Its application may cause great and R65 Certiorari (Banez v. Concepcion, G.R. No. speedily and stealthily completing the
irreparable damage 159508, 2012). (Also, the proper remedy, commission of such illegality (Tan v. E. QUO WARRANTO
12. Failure of a high government official from technically, is prohibition) Comelec, G.R. No. 73155, 1986).
whom relief is sought to act on the matter 2. Where it would provide a complete relief Q: What is quo warranto?
13. The issue of non-exhaustion of The remedy against an interlocutory order not by not only preventing what remains to be A: Nature of a quo warranto proceeding:
administrative remedies has been subject of an appeal is an appropriate special civil done but by undoing what has been done, 1. It is a direct, not a collateral attack, on the
rendered moot action under Rule 65, provided that the such as terminating a preliminary matter assailed.
14. Special circumstances warrant immediate interlocutory order is rendered without or in excess investigation instead of filing a motion to 2. It is a proceeding against a public officer,
and more direct action (Republic v. Bayao, of jurisdiction or with grave abuse of discretion quash (Aurillo v. Rabi, G.R. No. 120014, not in his official capacity, because no
G.R. No. 179492, 2013). (Aranas v. Mercado, G.R. No. 156407, 2014). 2002). official power or right or duty is sought, but
3. Where the acts sought to be enjoined because the officer’s title to the office is
Q: Is a motion for reconsideration still required C. PROHIBITION were performed after the injunction suit is being questioned.
before a petition for certiorari may be instituted brought (Versoza v. Martinez, G.R. No. 3. It is a proceeding of a public nature filed
even if it is prohibited by the agency? Q: What is a writ of prohibition? 119511, 1998). by a prosecuting attorney ex officio such
A: Yes. While a government agency may prohibit A: A writ directed against any tribunal, board, or as by the Solicitor General or fiscal. (But it
altogether the filing of a motion for reconsideration officer exercising judicial or quasi-judicial or D. MANDAMUS is personal in nature as to the person
with respect to its decisions, the fact remains that ministerial functions, to desist from further claiming office.) (Topacio v. Ong, G.R. No.
certiorari requires the filing of a motion for proceeding in the action or matter specified Q: What is a writ of mandamus? 179895, 2008).
reconsideration, which is the tangible because the entity or person either acted A: A writ directed against any tribunal, corporation,
representation of the opportunity given to the office without/in excess of jurisdiction, or with grave board, or officer who unlawfully neglects the Q: To whom may the action for quo warranto
to correct itself. abuse of discretion amounting to lack or excess of performance of an act which the law specifically be filed?
jurisdiction, by a person who has no appeal, nor enjoins as a duty resulting from an office, trust, or A: The action is brought against:
Thus, regardless of the proscription against the any plain, speedy, and adequate remedy in the station, or unlawfully excludes another from the 1. A person who usurps, intrudes into, or
filing of the motion for reconsideration, it may be ordinary course of law (Rule 65, Sec. 2). use or enjoyment of a right or office to which such unlawfully holds or exercises a public
filed on the assumption that rectification of the is entitled for it to do the act required to be done to office, position or franchise;
decision or order must be obtained, and before a Q: What are the requisites of a valid protect the rights of the petitioner and to pay 2. A public officer who does or suffers an act
petition for certiorari may be instituted (Philtranco prohibition? damages. because the entity or person either which, by the provision of law, constitutes
Service Enterprises v. Philtranco Service Union, A: acted without/in excess of jurisdiction, or with a ground for the forfeiture of his office; or
G.R. No. 180962, 2014). 1. There must be a controversy grave abuse of discretion amounting to lack or 3. An association which acts as a
2. Respondent is exercising judicial, quasi- excess of jurisdiction, by a person who has no corporation within the Philippines without
Q: Is certiorari the proper remedy for assailing judicial, or ministerial functions; appeal, nor any plain, speedy, and adequate being legally incorporated or without
an order GRANTING a motion to dismiss? 3. Respondent acted without or in excess remedy in the ordinary course of law (Rule 65, lawful authority so to act (Rule 66, Sec. 1).
A: No. The proper remedy is to file an appeal. of jurisdiction, or acted with grave Sec. 3).
abuse of discretion; and Q: Is quo warranto a valid remedy to remove an
X filed an action for quieting of title. Y filed a motion 4. There must be no appeal or other plain, Q: What are the grounds for mandamus? impeachable officer?
to dismiss. The RTC granted the said motion. X speedy, and adequate remedy (Rule 65, A: The officer had an imperative duty to perform A: Yes. While the Constitution mentions the list of
filed a motion for reconsideration, but the RTC Sec. 2). the act required and the officer unlawfully neglects impeachable officers, the wording of provision
denied the same. X assailed the dismissal via the performance of the duty enjoined by law (Rule implied that impeachment is not the only remedy
petition for certiorari. The Court held that the order Q: What is the purpose of prohibition? 65, Sec. 3 & Eng v. Lee, G.R. No. 176831, 2010). for removing said officers. (Republic v. Sereno,
granting Y’s motion to dismiss was a final and not A: The office of the writ of prohibition is to G.R. No. 237428, 2018).
an interlocutory order, against which the proper command a tribunal or board to desist from Q: When is mandamus available to a
remedy was an appeal. Certiorari is not a committing an act threatened to be done without discretionary duty?
substitute for appeal (Heirs of Sps. Teofilo M. jurisdiction or with grave abuse of discretion A: Act sought to be performed involves the
amounting to lack or excess of jurisdiction. exercise of discretion, respondent may only be
ATENEO CENTRAL
BAR OPERATIONS 2021
8. SPECIAL PROCEEDINGS
Q: SPECIAL WRITS DISTINGUISHED
HABEAS CORPUS AMPARO HABEAS DATA
ESSENCE The writ of habeas corpus involves the right The writ of Amparo involves the right to life, The writ of habeas data involves the right to
to liberty. It extends to all cases of illegal liberty, and security. privacy in life, liberty, or security.
confinement or detention by which any
person is deprived of his liberty, or by which
the rightful custody of any person is
withheld from the person entitled to.
AVAILABILITY It is a writ directed to the person detaining The writ of Amparo is available to one whose It is a remedy available to those whose right to
another, commanding him to produce the right to life, liberty, and security are violated or privacy in life, liberty, or security is violated or
body of the prisoner at the designated time threatened with violation by an unlawful act or threatened by an unlawful act or omission of a
and place, with the day and cause of his omission of a public official or employee, or of public official or employee, or of a private
capture and detention, to do, submit to, and a private individual or entity. individual or entity engaged in the gathering,
receive whatever the court or judge collecting, or storing of data or information
awarding the writ shall consider in that The writ covers extralegal killings and enforced regarding the person, family, home, and
behalf. disappearances or threats thereof. correspondence of the aggrieved party.
AVAILABLE • Deprivation of liberty; and A violation or threatened violation by an A violation or threatened violation by the right
AGAINST • Withholding of the rightful custody unlawful act or omission of: to privacy in life, liberty, or security by an
of the person • A public official unlawful act or omission of:
• A public employee • A public official
• A private individual or entity • A public employee
• A private individual
Engaged in the gathering, collecting, or storing

of data or information regarding the person,
family, home, and correspondence of the
aggrieved party
COVERAGE All cases of illegal confinement or detention • Extrajudicial killings Gathering, collecting, storing of data or
by which any person is deprived of his • Enforced disappearances information regarding:
liberty • Person
• Family
The rightful custody of any person is • Home
withheld from the person entitled thereto • Correspondence
ATENEO CENTRAL
BAR OPERATIONS 2021
WHO MAY FILE Party for whose relief it is intended, or by Aggrieved party, or any qualified person or General Rule: Aggrieved Party
some person on his behalf entity in the following order:
• Any member of the immediate family, Exception: In cases of extralegal killings and
namely: the spouse, children, and enforced disappearances, the petition may be
parents of the aggrieved party filed by:
• Any ascendant, descendant, or
collateral relative of the aggrieved party Any member of the immediate family of the
within the fourth civil degree of aggrieved party, namely, the spouse, children,
consanguinity or affinity, in default of and parents
those mentioned in the preceding
paragraph, or
• Any concerned citizen, organization,
association, or institution, if there is no
known member of the immediate family
or relative of the aggrieved party
VENUE • Regional Trial Court where the • Regional Trial Court of the place where • Regional Trial Court where the
person is detained the threat, act, or omission was petitioner or respondent resides, or
• Sandiganbayan committed or any of its elements that which has jurisdiction over the
• Court of Appeals occurred place where the data or information is
• Supreme Court • Sandiganbayan gathered, collected, or stored, at the
• Or any Justice of the three • Court of Appeals option of the petitioner
preceding courts • Supreme Court • Sandiganbayan
• Or any Justice of the three preceding • Court of Appeals
courts • Supreme Court
• When the actions concern public data
files of government offices
ENFORCEABILITY If issued by the Sandiganbayan, Court of Anywhere in the Philippines Anywhere in the Philippines
Appeals, Supreme Court:
• Anywhere in the Philippines
Issued by the Regional Trial Court:

• Judicial District
WHERE WRIT Issued by the Regional Trial Court or judge Issued by the Regional Trial Court or judge Issued by the Regional Trial Court or judge
RETURNED thereof: thereof: thereof:
ATENEO CENTRAL
BAR OPERATIONS 2021
• Before such court or judge • Before such court or judge • Before such court or judge
Issued by the Sandiganbayan, Court of Issued by the Sandiganbayan, Court of Issued by the Sandiganbayan, Court of
Appeals, or any of its justices: Appeals, or any of its justices: Appeals, or any of its justices:
• Before such court or justice thereof • Before such court or justice thereof • Before such court or justice thereof
• Any Regional Trial Court where the • Any Regional Trial Court of the place
threat, act, or omission was committed where the petitioner or respondent
or any of its elements occurred resides, or that which has jurisdiction
over the place where the data or
Issued by the Supreme Court or any of its information is gathered, collected, or
justices: stored
• Before such court or justice thereof
• Before the Court of Appeals or the Issued by the Supreme Court or any of its
Sandiganbayan or any of its justices justices:
• Any Regional Trial Court where the • Before such court or justice thereof
threat, act, or omission was committed • Before the Court of Appeals or the
or any of its elements occurred Sandiganbayan or any of its justices
• Any Regional Trial Court of the place
where the petitioner or respondent
resides, or that which has jurisdiction
over the place where the data or
information is gathered, collected, or
stored
WHEN TO On any day at any time On any day and at any time Only indigent petitioner is exempt form docket
FILE/DOCKET and other lawful fees
FEES Exempt from docket and other lawful fees
CONTENTS OF • Person in whose behalf the application • Personal circumstances of the petitioner • Personal circumstances of the petitioner
PETITION is made is imprisoned or restrained on • Name and personal circumstances of the and respondent
his liberty respondent responsible for the threat, act, • Manner the right to privacy is violated or
• Officer or name of the person by or omission, or, if the name is unknown or threatened and how it affects the right to
whom he is so imprisoned or uncertain, the respondent may be life, liberty, or security of the aggrieved
restrained; or, if both are unknown or described by an assumed appellation party
uncertain, such officer or person may • Right to life, liberty, and security of the • Actions and recourses taken by the
be described by an assumed aggrieved party violated or threatened with petition to secure the data or information
appellation, and the person who is violation by an unlawful act or omission of • Location of the files, registers, or
served with the writ shall be deemed the respondents, and how such threat or databases, the government office, and the
the person intended violation is committed with the attendant
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circumstances detailed in supporting person in charge, in possession, or in

affidavits control of the data or information if known
• Investigation conducted, if any, specifying • Reliefs prayed for, which may include the
the names, personal circumstances, and updating, rectification, suppression, or
addresses of the investigating authority or destruction of the database or information
individuals, as well as the manner and or files kept by the respondent
conduct of the investigation, together with • In cases of threats, the relief may include
any report a prayer for an order enjoining the act
• Actions and recourses taken by the complained of; and
petitioner to determine the fate or • Such other relevant reliefs as are just and
whereabouts of the aggrieved party and equitable
the identity of the person responsible for • The petition shall be inwriting and must be
the threat, act, or omission, and verified.
• Relief prayed for
• The petition must be signed and verified
ISSUANCE OF Writ shall be issued if it appears that the Writ shall be issued if on its face it ought to Writ shall be issued if on its face it ought to
THE WRIT writ ought to issue issue issue
The clerk of the court shall issue the writ The clerk of court shall issue the writ under the The clerk of court shall issue the writ under the
under the seal of the court; or in case of seal of the court; or in case of urgent necessity, seal of the court and cause it to be served
emergency, the judge may issue the writ the justice or the judge may issue the writ under within three days from the issuance; or, in case
under his own hand and may deputize any his or her own hand and may deputize any of urgent necessity, the justice or judge may
person to serve it. officer or person to serve it. issue the writ under his or her own hand and
may deputize any officer or person serve it.
SUMMARY Not applicable Not later than seven days from the date the writ Not later than ten working days from the date
HEARING was issued the writ was issued
HOW WRIT IS • By leaving the original with the person The writ shall be served upon the respondent The writ shall be served upon the respondent
SERVED to whom it is directed and preserving by a judicial officer or by a person deputized by by a judicial officer or by a person deputized by
a copy on which to make return of the court, justice, or judge who shall retain a the court, justice, or judge who shall retain a
service copy on which to make a return of service. In copy on which to make a return of service. In
• If that person cannot be found, or has case the writ cannot be served personally on case the writ cannot be served personally on
not the prisoner in his custody, then the respondent, the rules on substituted service the respondent, the rules on substituted
the service shall be made on any other shall apply service shall apply.
person having or exercising such
custody
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RETURN • The return or statement shall be Within 72 hours after service of the writ, the • Verified written return, together with
signed by the person who makes it respondent shall file a verified written return supporting affidavits within five 5 working
• The return shall also be sworn by him together with supporting affidavits days from service of the writ
if the prisoner is not produced • The period may be reasonably extended
• In all other cases unless the return is by the Court for justifiable reasons
made and signed by a sworn public
officer in his official capacity
EFFECT OF Hearing of the petition shall proceed ex parte Hearing of the petition shall proceed ex parte
FAILURE TO FILE The court may also grant the petitioner such
A RETURN relief as the petition may warrant unless the
court in its discretion requires the petitioner to
submit evidence
PROHIBITED • Motion to dismiss • Motion to dismiss

PLEADINGS AND • Motion for extension of time to file return, • Motion for extension of time to file return,
MOTIONS opposition, affidavit, position paper, and opposition, affidavit, position paper, and
other pleadings other pleadings
• Dilatory motion for postponement • Dilatory motion for postponement
• Motion for bill of particulars • Motion for bill of particulars
• Counter claim or cross-claim • Counterclaim or cross-claim
• Third party complaint • Third party complaint
• Reply • Reply
• Motion to declare defendant in default • Motion to declare respondent in default
• Intervention • Intervention
• Memorandum • Memorandum
• Motion for reconsideration of interlocutory • Motion for reconsideration of interlocutory
orders or interim relief orders; and orders or interim relief orders; and
• Petition for certiorari, mandamus, or • Petition for certiorari or mandamus or
prohibition against any interlocutory order prohibition against any interlocutory order
AVAILABLE • Temporary protection order

INTERIM RELIEFS • Inspection order
• Production order
• Witness Protection Order
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BAR OPERATIONS 2021
JUDGMENT • When the court or judge has examined The court shall render judgment within ten (10) The court shall render judgment within ten
the cause of capture and restrain of days from the time the petition is submitted for days from the time the petition is submitted for
the prisoner, and is satisfied that he is decision. If the allegations in the petition are decision
unlawfully imprisoned or restrained, proven by substantial evidence, the court shall
he shall forthwith order his discharge grant the privilege of the writ and such reliefs as If the allegations in the petition are proven by
from confinement may be proper and appropriate; otherwise, the substantial evidence, the court shall enjoin the
• Such discharge shall not be effective privilege shall be denied act complained of, or order the deletion,
until a copy of the order has been destruction, or rectification of the erroneous
served on the officer or the person data or information and grant other relevant
detaining such prisoner reliefs as may be just and equitable, otherwise,
• If the officer or person detaining the the privilege of the writ shall be denied
prisoner does not desire to appeal, the
prisoner shall be forthwith released Upon its finality, the judgment shall be
enforced by the sheriff or any lawful officers as
may be designated by the court, justice, or
judge within five working days.
APPEAL 48 hours from notice of judgment appealed Any party may appeal from the final judgment Any party may appeal from the final judgment
from by ordinary appeal (notice of appeal) or order to the Supreme Court under Rule 45. or order of the Supreme Court under Rule 45,
The appeal may raise questions of fact or law The appeal may raise questions of fact or law
or both or both
The period of appeal shall be five working days The period of appeal shall be five working days
from the date of notice of adverse judgment from the date of notice of the judgment or final
order
INSTITUTION OF The Rules do not preclude the filing of separate The Rules do not preclude the filing of separate
SEPARATE ACTION criminal, civil, or administrative actions criminal, civil, or administrative actions
EFFECT OF When a criminal action has been commenced, When a criminal action has been commenced,
FILING CRIMINAL no separate petition for the writ shall be filed. no separate petition for the writ shall be filed.
ACTION
The reliefs under the writ shall be available by The reliefs under the writ shall be available by
motion in the criminal case motion in the criminal case
CONSOLIDATION When a criminal action is filed subsequent to When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter shall the filing of a petition for the writ, the latter shall
be consolidated with the criminal action be consolidated with the criminal action.
ATENEO CENTRAL
BAR OPERATIONS 2021
When a criminal action and a separate civil When a criminal action and a separate civil
action are filed subsequent to a petition for a action are filed subsequent to a petition for a
writ of Amparo, the latter shall be consolidated writ of habeas data, the petition shall be
with the criminal action. consolidated with the criminal action.
After consolidation, the procedure under this After consolidation, the procedure under this
Rule shall continue to govern the disposition of Rule shall continue to govern the disposition of
the reliefs in the petition. the reliefs in the petition.
Q: What are the periods for appeal for the different special proceedings?
PROCEEDING DEADLINE TO FILE AN APPEAL
Special Proceedings 15 days from notice of the order or judgment appealed from OR 30 days from notice of the order or judgment appealed from if the
case involves multiple appeals
Writ of Habeas corpus 48 hours from service of judgment
Writ of Amparo 5 working days from notice of judgment
Writ of Habeas Data 5 working days from notice of judgment
Writ of Kalikasan 15 days from notice of judgment or denial of motion for reconsideration
A. HABEAS CORPUS preserved, and not destroyed. (Mangila v. Judge Q: Where is the writ enforceable? person - the return is considered only a PLEA of
Pangilinan, G.R. no. 160739, 2013). A: If granted by the Supreme Court or the Court FACTS, and the party claiming the custody must
Q: What is the purpose of the Writ of Habeas of Appeals, it shall be enforceable anywhere in prove such facts. Failure to reply to the return or
Corpus? Exception: It does not, however, follow that if the Philippines and made returnable before any controvert the return is NOT fatal to the petition.
A: The object of the writ of habeas corpus is to certiorari is available, an application for a writ of court; or if granted by the Regional Trial Court, it (Rule 102, Sec. 13)
inquire into the legality of the detention, and, if the habeas corpus will absolutely be barred. Writ of is enforceable only within his judicial district and
detention is found to be illegal, to require the Habeas Corpus may, nevertheless, be available returnable only to itself (Rule 102, Sec. 2). Q: What if the party subject of the petition is
release of the detainee (Mangila v. Judge in EXCEPTIONAL CASES, for the writ should not lawfully imprisoned”?
Pangilinan, G.R. No. 160739, 2013). be considered subservient to procedural NOTE: The Supreme Court, the Court of Appeals A: If it appears that the prisoner was LAWFULLY
limitations which glorify form over substance. It and Regional Trial Courts have CONCURRENT committed AND is charged with an offense
Q: When is habeas corpus proper? must be kept in mind that although the question jurisdiction to issue Writs of Habeas Corpus. ((In punishable by death, he shall NOT be released,
A: most often considered in both habeas corpus and Re: In the Matter of the Issuance of a Writ of discharged or bailed.
1. All cases of illegal confinement/detention certiorari proceedings is whether an inferior court Habeas Corpus of Raymundo Reyes and Vincent
by which any party is deprived of his has exceeded its jurisdiction, the former involves Evangelista, G.R. No. 251954, 2020). If he is LAWFULLY imprisoned AND is charged
liberty; a collateral attack on the judgment and reaches with an offense NOT punishable by death, he
2. If the rightful custody of a person is the body but not the record, while the latter Family Courts have EXCLUSIVE ORIGINAL MAY be recommitted to imprisonment OR
withheld from the one entitled to it. assails directly the judgment and reaches the JURISDICTION to issue Writ of Habeas Corpus admitted to bail in the discretion of the judge.
3. As a post-conviction remedy, it may be record but not the body. (Velasco v. Court of involving the custody of minors (R.A. 8369). (Rule 102, Sec. 14)
allowed when, as a consequence of a Appeals, G.R. No. 118644, 1995)
judicial proceeding, any of the following Q: What is the instance where an MTC judge Q: Distinguish peremptory writ of habeas
exceptional circumstances is attendant: NOTE: In a case where there is a conviction but may issue a writ of habeas corpus? corpus from preliminary citation.
a. there has been a deprivation of a a violation of right against self-incrimination is A: In the absence of ALL Regional Trial Court A:
constitutional right resulting in indeed violated, the Writ of Habeas Corpus shall judges in a province or city, Municipal Trial Court
the restraint of a person; issue. Said void judgment of conviction may be judges MAY hear and decide petitions for a Writ PEREMPTORY PRELIMINARY
b. the court had no jurisdiction to challenged by an attack through Habeas Corpus. of Habeas Corpus in that province or city. (B.P. WRIT CITATION
impose the sentence; or This writ may issue even if another remedy which 129)
c. the imposed penalty has been is less effective may be availed of by the A peremptory writ is a A writ of preliminary
excessive, thus voiding the defendant. Thus, failure by the accused to appeal Q: Can the Sandiganbayan issue a writ of written document citation requires the
sentence as to such excess. (Go does not preclude a recourse to the writ. The writ habeas corpus? unconditionally respondent to appear
vs. Dimagiba, G.R. No. 151876, may be granted upon a judgment already final. A: YES, but the Sandiganbayan may grant the commanding the and show cause why
June 21, 2005) (Chavez v. Court of Appeals, G.R. No. L-29169, writ only if it is in aid of its appellate jurisdiction respondent to have the peremptory
4. Invasion or rebellion, when public safety 1968) (Festin, Special Proceedings: A Foresight to the the body of the should not issue. If
requires it. (Article VII, Section 18 of the Bar Exam, 2nd Ed. 2011). detained person the person is detained
1987 Constitution) Q: Is physical restraint required to avail of the before the court at a under governmental
writ of habeas corpus as a remedy? Q: What is the effect of failure to file a reply to time and place authority and the
Q: Is habeas corpus proper when other A: NO. Actual physical restraint is not required; the return? specified therein. illegality of his
remedies are available? any restraint which will prejudice freedom of A: Issued if the cause of detention is not patent
A: As a general rule, NO. The inquiry in a habeas action is sufficient (Moncupa v. Enrile, G.R. No. (1) If the return is filed by an officer who is the the detention appears from the petition for
corpus proceeding is addressed to the question 63345, 1986). respondent detaining the person concerned - if to be patently illegal. the writ, the court
of whether the proceedings and the assailed the prisoner is in custody under a warrant of Noncompliance with issues the citation to
order are, for any reason, null and void. The writ Q: Can the writ of habeas corpus be availed of commitment (public authority) in pursuance of this is punishable. the government
is not ordinarily granted where the law provides if restraint is voluntary? law, the return is considered PRIMA FACIE officer having custody
for other remedies in the regular course, and in A: EVIDENCE of the legality of the commitment, to show cause why
the absence of exceptional circumstances. General rule: Writ of Habeas Corpus shall NOT imprisonment or restraint. (Rule 102, Sec. 13) the habeas corpus
Moreover, habeas corpus should not be granted issue if the restraint is voluntary. (Sombong v. writ should not issue.
in advance of trial. The orderly course of trial must CA, G.R. No. 111876, 1996); Thus, the failure of petitioners to file a reply to the (Lee Yick Hon v.
be pursued and the usual remedies exhausted return or controvert the matters stated in the Collector of Customs,
before resorting to the writ where exceptional Exception: Writ of Habeas Corpus is a proper return, WARRANTS DISMISSAL of the petition. 41 Phil 548)
circumstances are extant. In another case, it was remedy to enable parents to regain custody of a Unless the allegations in the return are
held that habeas corpus cannot be issued as a minor, even if the minor is in the custody of a 3rd controverted, they are DEEMED to be true or
writ of error or as a means of reviewing errors of person of his own free will. (Sombong v. CA, G.R. admitted (Florendo v. Javier, G.R. No. L-36101, Q: What is the first step in a habeas corpus
law and irregularities not involving the questions No. 111876, 1996) 1979) petition?
of jurisdiction occurring during the course of the A: In a habeas corpus petition, the order to
trial, subject to the caveat that constitutional (2) If the return is filed by an officer in case the present an individual before the court is a
safeguards of human life and liberty must be prisoner is restrained by a private authority or preliminary step in the hearing of the petition. The
respondent must produce the person and explain action, in which the court can still inquire Q: What is the purpose writ of habeas corpus 2. Either parent, taking into account all
the cause of his detention. However, this order is into the nature of his involuntary restraint in Rules on Custody of Minors? relevant considerations especially the
not a ruling on the propriety of the remedy or on (Villavicencio v. Lukban, G.R. No. L- A: In cases involving minors, the purpose of a choice of the minor over seven (7) years
the substantive matters covered by the remedy. 14639, 1919; Moncupa v. Enrile, G.R. petition for habeas corpus is not limited to the of age and of sufficient discernment,
No. L-63345, 1986) production of the child before the court. The main unless parent chosen is unfit;
Thus, the order to produce the body is not 2. Where there are grounds for grave purpose of the petition for habeas corpus is to 3. The grandparent, if there are several,
equivalent to a grant of the writ of habeas corpus doubts about the alleged release of the determine who has the rightful custody over the then the grandparent chosen by the
(In the Matter of the Petition for Habeas Corpus detainees, [such as] where the standard child. (Bagtas v. Hon. Santos, et al., G.R. No. minor over seven (7) years of age and of
of Alejano vs. Cabuay, G.R. No. 160792, 2005) and prescribed procedure in effecting the 166682, 27 November 2009) sufficient discernment, unless
release has not been followed (Dizon v. grandparent chosen is unfit or
Q: What are the instances when the writ of Eduardo, L-59118, 1988). Q: When is a writ of habeas corpus proper in disqualified;
habeas corpus is not proper? relation to the custody of minors? 4. The eldest brother or sister over twenty-
A: Q: When is the writ disallowed/discharged? A: A writ of habeas corpus is proper in cases one (21) years of age, unless he or she
1. For asserting or vindicating denial of right A: The Writ Is NOT ALLOWED when: where rightful custody is withheld from a person is unfit or disqualified
to bail (Galvez v. CA, G.R. No. 114046, 1. a. Person is in custody of an officer entitled thereto. (Salientes v. Abanilla, 2006) 5. The actual custodian of the minor over
1994); i. Under process issued by twenty-one (21) years of age, unless the
2. For correcting errors in appreciation of a court or judge; or Q: What are the requisites for petitions for former is unfit or disqualified; or
facts or appreciation of law – where the ii. By virtue of a judgment; custody of minors and the issuance of the writ 6. Any other person or institution the court
trial court had no jurisdiction over the or of habeas corpus in relation to custody of may deem suitable to provide proper
cause, over the person of the accused, iii. By virtue of an order of minors? care and guidance for the minor. (Sec.
and to impose the penalty provided for by the court; A: 13, A.M. NO. 03-04-04-SC)
law, the mistake committed by the trial b. AND that the court or judge HAD 1. That the petitioner has the right of
court, in the appreciation of the facts JURISDICTION to issue the process, custody over the minor; B. HABEAS DATA
and/or in the appreciation of the law render the judgment, or make the 2. That the rightful custody of the minor is
cannot be corrected by habeas corpus order. being withheld from the petitioner by Q: When is a writ of habeas data available?
(Sotto v. Director of Prisons, G.R. No. L- 2. Jurisdiction appears after writ is allowed respondent; and A: The Writ of Habeas Data is available when the
18871, 1962); 3. Person is charged with or convicted of an 3. That it is to the best interest of the minor right of any person to privacy in life, liberty or
3. Once a person detained is duly charged offense in the Philippines concerned to be in the custody of security is violated or threatened by an unlawful
in court, he may no longer file a petition 4. Person is suffering imprisonment under petitioner and not that of the respondent. act or omission of a public official or employee, or
for habeas corpus. His remedy would be lawful judgment (Rule 102, Sec. 4) (Sombong v. CA, G.R. No. 111876, of a private individual or entity engaged in the
to quash the information or warrant. 1996) gathering, collecting or storing of data or
(Rodriguez v. Judge Bonifacio, A.M. NO. Q: What is the remedy in case of denial of information regarding the person, family, home
RTJ-99-1510, 2000); petition for Writ of Habeas Corpus? Q: What is the effect of failure to appear at the and correspondence of the aggrieved party (Sec.
4. Even granting that a person was illegally A: Recourse to the Supreme Court via a petition pre-trial? 1, A.M. No. 08-1-16-SC).
arrested, the petition for a Writ of Habeas for certiorari from the decision of the CA A: If the petitioner fails to appear personally at the
Corpus will NOT prosper because the dismissing his petition for writ of habeas corpus is pre-trial, the case shall be dismissed, unless his NOTE: Habeas data cannot be invoked when the
detention falls under a “legal process” by inappropriate. The petitioner should file an counsel or a duly authorized representative respondents are not gathering, collecting, or
virtue of the complaint filed against him. ordinary appeal from the judgment of any court in appears in court and proves a valid excuse for the storing data or information (Castillo v. Cruz, G.R.
(Velasco v. CA, G.R. No. 116884, 1995); habeas corpus cases within 48 hours from notice non-appearance of the petitioner. No. 182165, 2009).
5. If the accused was illegally detained, the of the judgment appealed from (Caballes v. CA,
proper remedy would be the quashal of G.R. No. 163108, 2005). If the respondent has filed his answer but fails to NOTE: Habeas data is NOT LIMITED to cases of
the warrant of arrest and NOT a Writ of appear at the pre-trial, the petitioner shall be enforced disappearances and extralegal killings
Habeas Corpus. (Ilagan v. Enrile, G.R. Q: What are the rules on custody of minors allowed to present his evidence ex parte. The (Vivares v. St. Theresa’s College, G.R. No.
No. 70748, 1985) and writ of habeas corpus in relation to court shall then render judgment on the basis of 202666, 2004)
custody of minors (A.M. No. 03-04-04-sc) the pleadings and the evidence thus presented
Q: What is the effect of the release of detained A: The mother who has custody of the child (Sec. 11) Q: Under what conditions will a writ of habeas
person on the petition? cannot refuse to present the child to the court data lie?
A: after the issuance of the writ on the basis of the Q: What is the order of preference for the A: In order for the privilege of the writ to be
General Rule: The release, whether permanent child of tender years doctrine. It is not legal basis provisional order awarding custody? granted, there must exist a nexus between the
or temporary, of a detained person, renders the to deprive the father of custody. Also, such A: After and answer has been filed or the right to privacy on the one hand, and the right to
petition for habeas corpus moot and academic. petition did not grant custody to the father but expiration of the period to file it, the court may life, liberty or security on the other (Manila Electric
merely required the mother to bring the child to issue a provisional order awarding the custody of Company v. Lim, G.R. No. 184769, 2010)
Exceptions: Petition May Prosper court to determine custody. (Salientes v. Abanilla, the minor. The following order of preference shall
1. When there are restraints attached to his G.R. No. 162734, 2006) be observed as far as practicable: Q: What is the meaning of “engaged” in
release which precludes freedom of 1. Both parents jointly; gathering, collecting, or storing of data?
A: To "engage" means "to do or take part in A: Substantial evidence is required to prove the period of time. (Navia v. Paradico, G.R. A: No. The Amparo petitioner needs only to
something." It does not necessarily mean that the allegations in the petition. (Sec. 16, A.M. No. 08- No. 18446, 2012) properly comply with the substance and form
activity must be done in pursuit of a business. 1-16-SC) requirements of a Writ of Amparo petition, and
Whether such undertaking carries the element of Q: What is included under the term “any prove the allegations by substantial evidence. an
regularity, as when one pursues a business, and C. WRIT OF AMPARO threat”? Amparo proceeding is summary in nature
is in the nature of a personal endeavor, for any A: The term “any threat” cannot be taken to mean (Section 13), and the use of substantial evidence
other... reason or even for no reason at all, is Q: When is a writ of Amparo available? every conceivable threat in the mind that may as the required level of proof reveal the clear
immaterial and such will not prevent the writ from A: The remedy of Writ of Amparo is available to cause one to fear for his life, liberty, or security. intent of the framers of the Amparo Rule to have
getting to said person or entity. (Vivares v. St. those whose right to life, liberty and security is In the context of the Amparo rule, only actual the equivalent of an administrative proceeding,
Theresa’s College, G.R. No. 202666, 2004) violated or threatened with violation by an threats, as may be established from all the facts albeit judicially conducted, in addressing Amparo
unlawful act or omission of a public official or and circumstances of the case, can qualify as a situations. (Razon v. Tagitis, G.R. No. 182498,
Q: Give instances when the writ of habeas employee or a private individual or entity. It violation that may be addresses under the Rule 2009).
data is not applicable. covers extra-legal killings and enforced on the Writ of Amparo. (In re: Ladaga, G.R. No.
A: The writ of habeas data cannot be invoked in disappearances or threats thereof. (Sec. 1, A.M. 189689, 2013) Q: Distinguish Privilege of the writ of Amparo
labor disputes where there is no unlawful violation No. 07-9-12-SC). from Actual Order called Amparo
of the right to life, liberty, or security (Meralco v. Q: Give instances which do not fall under A: The privilege includes availment of the entire
Lim, G.R. No. 184768, 2010) Q: What is the limitation of the Writ of threat to life, liberty, or security. procedure outlined in A.M. No. 07-9-12-SC, the
Amparo? A: The threatened demolition of a dwelling by Rule on the Writ of Amparo. (Sec. De Lima v.
The writ of habeas data will not issue to protect A: The Writ of Amparo covers extra-legal killings virtue of a final judgment of the court is not Gatdula, G.R. No. 204528, 2013)
purely property or commercial concerns, nor and enforced disappearances or threats thereof included among the enumeration of rights for a
when the grounds invoked in support of the (Sec. 1, A.M. No. 07-9-12-SC). writ of Amparo. Their claim to their dwelling, The writ of Amparo was conceived to provide
petitions therefor are vague and doubtful. (Lee v. assuming they still have any despite the final and expeditious and effective procedural relief
Ilagan, G.R. No. 203254, 2014) Q: Does the writ of Amparo cover impairment executory judgment adverse to them, does not against violations or threats of violation of the
of the right to travel? constitute right to life, liberty and security. (Canlas basic rights to life, liberty, and security of persons;
Q: What are the contents of the return of the A: The writ of Amparo does not cover impairment v. NAPICO, G.R. No. 182795, 2008). the corresponding Amparo suit, however, is not
writ of habeas data? of the right to travel. For it to be granted, petitioner an action to determine criminal guilt requiring
A: The return shall contain the following: must show that his right to travel was curtailed to The writ of Amparo is not available against a proof beyond reasonable doubt or administrative
1. Lawful defenses such as national such an extent as to threaten his right to life, Barangay Captain’s alleged trespass of liability requiring substantial evidence that will
security, state secrets, privileged liberty and security for which there is no readily petitioner’s property since it is merely a violation require full and exhaustive proceedings. (The
communications, confidentiality of the available recourse or remedy. (Reyes v. CA, G. of petitioner’s property rights (Sps. Pador v. Secretary of National Defense v. Manalo, G.R.
source of information of media and R. No. 182161, 2009) Arcayan, G.R. No. 183649, 2013) No. 180906, 2008)
others;
2. In case of respondent in charge, in Q: What are extralegal killings? The restriction on the petitioner’s right to travel as Q: What are the two roles of the writ of
possession or in control of the data or A: They are killings committed without due a consequence of the pendency of the criminal Amparo?
information subject of the petition: process of law (i.e. without legal safeguards or case filed against him was not unlawful, and thus A: The writ of Amparo serves both preventive and
a. A disclosure of the data or judicial proceedings). (Secretary of National not a valid ground to invoke issuance of Writ of curative roles in addressing the problem of
information about the petitioner, Defense v. Manalo, G.R. No. 180906, 2008) Amparo. (Reyes v. CA, G.R. No. 182161, 2009) extralegal killings and enforced disappearances.
the nature of such data or
information, and the purpose for Q: What are enforced disappearances? The writ of Amparo is not available in order for a It is preventive in that it breaks the expectation of
its collection A: Enforced disappearances are attended by the biological mother to recover custody of child from impunity in the commission of these offenses;
b. The steps or actions taken by the following circumstances: the DSWD. There is no enforced disappearance.
respondent to ensure the 1. Arrest/detention/abduction of a person When what is involved is the issue of child It is curative in that it facilitates the subsequent
security and confidentiality of the by a government official or organized custody and the exercise of parental rights over a punishment of perpetrators as it will inevitably
data or information groups or private individuals acting with child, who, for all intents and purposes, has been yield leads to subsequent investigation and
c. The currency and accuracy of the in/direct acquiescence of the State; legally considered a ward of the State, the action.
the data or information held; and 2. Carried out by or with the authorization, Amparo rule cannot be properly applied (Caram
3. Other allegations relevant to the support or acquiescence of the State or a v. Segui, G.R. No. 193652, 2014). In the long run, the goal of both the preventive
resolution of the proceeding. (Sec. 10, political organization; and curative roles is to deter the further
A.M. No. 08-1-16-SC) 3. Refusal of the State to disclose the fate The writ of Amparo cannot be availed of by an commission of extralegal killings and enforced
or whereabouts of the person concerned, alien detained by the Bureau of Immigration by disappearances (Secretary of Defense v.
Q: What quantum of proof is needed in the or refusal to acknowledge the deprivation virtue of legal process. (Mison v. Gallegos, G.R. Manalo, G.R. No. 180906, 2008).
application for issuance of the writ of habeas of liberty, which places such persons Nos. 210759, 211403, and 211590, 2015)
data? outside the protection of the law. Q: Will the writ of Amparo issue when the
4. Intention is to remove the person from Q: Is complete detail of violation of victim’s government is not involved?
the protection of law for a prolonged rights required?
A: Government Involvement an indispensable petitioner has substantially complied with the Q: What happens to the petition for the writ of Q: How is the doctrine of command
requirement. To fall within the ambit of A.M. No. requirement by submitting a verified petition Amparo if the court cannot proceed for a valid responsibility used in Amparo Proceedings?
07-9-12-SC in relation to RA 9851, the sufficiently detailing the facts relied upon, the cause? A: The doctrine of command responsibility may
disappearance must be attended by some strict need for the sworn statement that an A: The court shall not dismiss the petition, but be used to determine whether respondents are
government involvement. This hallmark of State affidavit represents is essentially fulfilled. shall archive it, if upon its determination it cannot accountable for and have the duty to address the
participation differentiates an enforced proceed for a valid cause such as the failure of abduction [of Rodriguez in this case] in order to
disappearance case from an ordinary case of a The failure to attach the required affidavits was petitioner or witnesses to appear due to threats enable the courts to devise remedial measures to
missing person. (Navia v. Pardo, G.R. No. fully cured when the respondent and her witness on their lives. (Sec. 20, A.M. No. 07-9-12-SC) protect his rights (Rodriguez v. Macapagal-
184467, 2012) personally testified in the hearings to swear to Arroyo, G.R. No. 181805, 2011).
and flesh out the allegations of the petition. Thus, Q: What is the quantum of proof in application
Q: Differentiate between a production order even on this point, the petition cannot be faulted. for issuance of writ of Amparo? Amparo proceedings determine responsibility, or
under the writ of Amparo and a search (Razon v. Tagitis, G.R. No. 184298, 2009) A: Quantum of Proof in Application for Issuance the extent the actors have been established by
warrant. of Writ of Amparo: substantial evidence to have participated in
A: The production order under the Amparo Rule Q: What is the effect when respondent’s 1. Establish claims by substantial evidence whatever way, by action or omission, in an
should not be confused with a search warrant for denial is not supported by affidavits? 2. If respondent is a private individual or enforced disappearance; and accountability, or
law enforcement under Article III, Section 2 of the A: The petition cannot be denied. Section 17 of entity, he must prove that ordinary the measure of remedies that should be
1987 Constitution. This Constitutional provision is the Rules for the Writ of Amparo requires that the diligence was observed in the addressed to those who:
a protection of the people from the unreasonable respondent, who is a public official or employee, performance of duty 1. Exhibited involvement in the enforced
intrusion of the government, not a protection of must prove that extraordinary diligence as 3. If public official or employee, he must disappearance without bringing the level
the government from the demand of the people required by applicable laws, rules and regulations prove that extraordinary diligence was of their complicity to the level of
such as respondents. was observed in the performance of duty. When observed in the performance of duty. He responsibility defined above;
the petitioner has categorically stated that police cannot invoke the presumption that 2. Are imputed with knowledge relating to
Instead, the Amparo production order may be cars have driven by her house with alarming official duty has been regularly performed the enforced disappearance and who
likened to the production of documents or things regularity after she identified her husband's body, to evade responsibility or liability. (Sec. carry the burden of disclosure; or
under Section 1, Rule 27 of the Rules of Civil respondent’s blanket denial without affidavits 17, A.M. No. 07-9-12-SC) 3. Carry, but have failed to discharge, the
Procedure. (The Secretary of National Defense v. from his police officers is not enough to the deny burden of extraordinary diligence in the
Manalo, G.R. No. 180906, 2008) the issuance of the Writ. Respondent’s failure to Q: May hearsay evidence be considered in investigation of the enforced
exert the extraordinary diligence expected of him Amparo proceedings? disappearance.
WRIT OF AMPARO SEARCH WARRANT hints at a motive against the petitioner. (Sanchez A: The fair and proper rule is to consider all the
PURPOSE v. Darroca, G.R. No. 242257, October 15, 2019) pieces of evidence adduced in their totality, and Thus, although there is no determination of
Protective: To protect to consider any evidence otherwise inadmissible criminal, civil or administrative liabilities, the
a person’s right to life, Q: What are the contents of the return of the under our usual rules to be admissible if it is doctrine of command responsibility may
liberty, or security writ of Amparo? consistent with the admissible evidence adduced. nevertheless be applied to ascertain
WHERE FILED A: The Return Shall Contain: In other words, we reduce our rules to the most responsibility and accountability within these
SC, CA, SB, or RTC RTC / MTC within 1. Lawful defenses; basic test of reason—i.e., to the relevance of the foregoing definitions (Id.).
where threat or act whose territorial 2. The steps or actions taken to determine the evidence to the issue at hand and its consistency
committed jurisdiction / judicial fate or whereabouts of the aggrieved party; with all other pieces of adduced evidence. Thus, Q: What is the remedy in case of denial of
region a crime was 3. All relevant information in the possession of even hearsay evidence can be admitted if it petition for writ of Amparo?
committed the respondent pertaining to the threat, act or satisfies this basic minimum test. (Rodriguez v. A: Ordinary appeal.
PERSON INITIATING omission against the aggrieved party; and Macapagal-Arroyo, G.R. no. 191805, 2013) 1. The period of appeal shall be five (5)
Private / public Peace officer or law 4. If the respondent is a public official or working days from the date of notice of
person enforcement agency employee, the return shall further state acts: Though hearsay evidence is generally the adverse judgment.
SEIZURE OF PERSONALTY a. To verify identity of aggrieved party considered inadmissible under rules of evidence, 2. Appeal shall be made directly to the
Under IO & PO, Personal property is b. To recover and preserve evidence such may be considered in a writ of Amparo Supreme Court under Rule 45 where
personality is not seized c. To identify and collect witness proceeding if required by the unique questions of fact or of law or both may be
seized but inspected statements circumstances of the case. It is the totality of the raised (Sec. 19, A.M. No. 07-9-12-SC).
or copied d. To determine cause, manner, obtaining situation that must be taken into
location, and time of death or consideration to determine if a petitioner is Q: Is Writ of Amparo the proper remedy for
Q: Is the lack of supporting affidavits an disappearance entitled to a Writ of Amparo. Police surveillance child custody?
e. To identify and apprehend persons because of the petitioner’s relationship with a A: No. If the child is not missing but the parent is
automatic ground for dismissal of the petition
involved suspected member of the NPA, creates a real merely asserting her parental authority over the
for the writ of Amparo?
A: The requirement for supporting affidavits, f. Bring suspected offenders before a threat to life, liberty, or security. (Sanchez v. child and contesting custody over him, the Writ of
competent court (Sec. 9, A.M. No. Darroca, G.R. No. 242257, October 15, 2019) Amparo is not the proper remedy (Infant Juliian
however, should not be read as an absolute one
07-9-12-SC) Yusa y Caram v. Segui, G.R. No. 193652, 2014).
that necessarily leads to the dismissal of the
petition if not strictly followed. Where, the
Q: What interim reliefs may a court grant (Rule 2, Sec. 2). environment. It can be availed if the matter is of 3. Require the violator to submit a program
under the rule on the writ of Amparo? (1) extreme urgency and (2) the applicant will of rehabilitation or restoration of the
A: Q: What pleadings and motions are allowed? suffer grave injustice and irreparable injury. (Rule environment, the costs of which shall be
1. Temporary Protection Order 2, Sec. 8). borne by the violator, or to contribute to a
2. Inspection Order A: special trust fund for that purpose subject
3. Production Order 1. Complaint; Q: When will a Temporary Environmental to the control of the court (Rule 5, Sec.
4. Witness Protection Order (Sec. 14, A.M. 2. Answer; Protection Order (TEPO) be issued? 1).
No. 07-9-12-SC) 3. Compulsory counterclaim; A: If it appears from the verified complaint with a
4. Cross-claim; prayer for the issuance of an Environmental Q: Is the judgment executory pending appeal?
D. RULES OF PROCEDURE FOR 5. Motion for Intervention; Protection Order (EPO) that the matter is of A: Yes, any judgment directing the performance
ENVIRONMENTAL CASES 6. Motion for Discovery; and extreme urgency and the applicant will suffer of acts for the protection, preservation or
7. Motion for Reconsideration of Judgment grave injustice and irreparable injury. (Rule 2, rehabilitation of the environment shall be
Q: Can all RTCs, MeTCs, MTCCs, MTCs, and (Rule 2, Sec. 1) Sec. 8). executory pending appeal unless restrained by
MCTCs try, hear, and decide environmental the appellate court (Rule 5, Sec. 2)
cases? In highly meritorious cases, these additional Q: What are the actions where a TEPO is
A: No. The courts referred to in Rule 1, Sec. 2 are pleadings are allowed: prayed for? Q: When will the process of execution
those designated as special courts to try, hear, 1. Motion for Postponement; A: It may be granted in a petition for a writ of terminate?
and decide environmental cases under 2. Motion for New Trial; and kalikasan and in a petition for a writ of continuing A: Upon a sufficient showing that the decision or
Administrative Order No. 23-2008 and those 3. Petition for Relief from Judgment (Rule 2, mandamus. It is issued in order to (1) expedite order has been implemented to the satisfaction of
designated thereafter. (Annotations to A.M. No. Sec. 1) the proceedings and (2) to preserve the rights of the court in accordance with Section 14, Rule 39
09-6-8-SC, p. 101) the parties pending litigation. (Rule 8, Sec. 5). of the Rules of Court (Rule 5, Sec. 5).
Note: The enumeration in this section is
Civil Procedures in Environmental Cases exclusive and must be read in conjunction with Q: Can a TEPO be issued ex parte? Q: Is the court allowed to convert the TEPO to
Rule 2, Sec. 2. (Annotations to A.M. No. 09-6-8- A: Yes, a court may issue ex parte a TEPO a permanent EPO or issue a writ of continuing
Q: Can a TRO or writ of preliminary injunction SC, p. 107) effective for only seventy-two (72) hours from mandamus?
be issued against actions of government date of the receipt of the TEPO by the party or A: Yes. In the judgment, the court may convert
agencies for the enforcement of For the pleadings in highly meritorious cases, the person enjoined. Within said period, the court the TEPO to a permanent EPO or issue a writ of
environmental laws? satisfaction of these conditions is required since where the case is assigned, shall conduct a continuing mandamus. The writ of continuing
A: these motions are prone to abuse during summary hearing to determine whether the mandamus serves to direct the performance of
General Rule: No court can issue a TRO or writ litigation. Motion for intervention is permitted in TEPO may be extended until the termination of acts which shall be effective until the judgment is
of preliminary injunction against lawful actions of order to allow the public to participate in the filing the case. (Rule 2, Sec. 8). fully satisfied. (Rule 5, Sec. 3).
government agencies that enforce environmental and prosecution of environmental cases, which
laws or prevent violations thereof. are imbued with public interest. Petitions for Q: Who may issue ex parte a TEPO? Q: Who monitors the performance of acts
certiorari are likewise permitted since these raise A: until the judgment is fully satisfied?
Exception: The Supreme Court (Rule 2, Sec. 10) fundamental questions of jurisdiction. 1. The executive judge of the multiple-sala A:
(Annotations to A.M. No. 09-6-8-SC, p. 109) court before raffle or 1. The court or
Q: What is the effect of evidence not 2. The presiding judge of a single-sala. 2. Appropriate government agency (Rule 5,
presented during pre-trial? Note: While the enumeration of prohibited (Rule 2, Sec. 8). Sec. 3).
A: pleadings have been adopted in part from the
General Rule: Evidence not presented during the Rule on Summary Procedure in response to the Q: For how long is the TEPO effective? Q: How will the acts be monitored?
pre-trial shall be deemed waived. question of delay which often accompanies A: Only for seventy-two (72) hours from date of A: By requiring the party concerned to submit
regular cases, summary procedure is not adopted the receipt of the TEPO by the party or person written reports on a quarterly basis or sooner as
Exception: Newly-discovered evidence (Rule 3, in its entirety given the complex and wide range enjoined. Within said period, the court where the may be necessary, detailing the progress of the
Sec. 5). of environmental cases. Procedural safeguards case is assigned, shall conduct a summary execution and satisfaction of the judgment. The
have been introduced for truly complex cases hearing to determine whether the TEPO may be other party may, at its option, submit its
Q: What pleadings and motions are which may necessitate further evaluation from the extended until the termination of the case. (Rule comments or observations on the execution of
prohibited? court. (Annotations to A.M. No. 09-6-8-SC, p. 2, Sec. 8). the judgment (Rule 5, Sec. 3).
A: 108)
1. Motion to Dismiss the Complaint; Q: What are the reliefs in a citizen’s suit? Q: What is a strategic lawsuit against public
2. Third-Party Complaint; Q: What is a Temporary Protection Order A: If warranted, the court may grant to the plaintiff participation or SLAPP?
3. Motion for Bill of Particulars; (TEPO)? proper reliefs which shall include the following: A: Strategic lawsuit against public participation
4. Reply and Rejoinder; A: A protection order issued by the court directing 1. Protection, preservation or rehabilitation (SLAPP) refers to an action whether civil, criminal
5. Motion for Extension of Time to File or enjoining any person or government agency to of the environment; or administrative, brought against any person,
Pleadings (except to File Answer) perform or desist from performing an act in order 2. Payment of attorney’s fees, costs of suit institution or any government agency or local
6. Motion to Declare Defendant in Default to protect, preserve or rehabilitate the and other litigation expenses government unit or its officials and employees,
with the intent to harass, vex, exert undue A: The party filing the action assailed as a SLAPP
Writ of Kalikasan Writ of Continuing Writ of Kalikasan Writ of Continuing
pressure or stifle any legal recourse that such shall prove by preponderance of evidence that
person, institution or government agency has the action is not a SLAPP and is a valid claim Mandamus Mandamus
taken or may take in the enforcement of (Rule 6, Sec. 3).
kalikasan and must be there is no other plain, DISCOVERY MEASURES
environmental laws, protection of the
environment or assertion of environmental rights Q: Within what period should the resolution of contained in the speedy and adequate
(Rule 1, Sec. 4[g]). the defense of a SLAPP be? verified petition. remedy in the ordinary Incorporates the Does not contain any
A: It shall be resolved within thirty (30) days after course of law procedural provision for discovery
It is a legal action filed to harass, vex, exert undue the summary hearing (Rule 6, Sec. 4). environmental right of measures
WHO MAY FILE
pressure or stifle any legal recourse that any access to information
person, institution or the government has taken or Q: What may the court award when it through the use of
Natural or juridical Only the one who is
may take in the enforcement of environmental dismisses the action? discovery measures
person, entity personally aggrieved
laws, protection of the environment or assertion A: It may award damages, attorney’s fees and such as ocular
authorized by law, by the unlawful act or
of environmental rights (Rule 6, Sec. 1). costs of suit under a counterclaim if such has inspection order and
people’s organization, omission
been filed and the dismissal shall be with production order
non-governmental
Q: How is the SLAPP as a defense alleged? prejudice (Rule 6, Sec. 4).
organization, or any
A: The defendant may file an answer interposing DAMAGES FOR PERSONAL INJURY
public interest group
as a defense that the case is a SLAPP and shall Q: What is the effect if the court rejects the
accredited by or
be supported by documents, affidavits, papers defense of a SLAPP? No damages may be Allows damages for the
registered with any
and other evidence; and, by way of counterclaim, A: If the court rejects the defense of a SLAPP, the awarded. malicious neglect of the
government agency,
pray for damages, attorney’s fees and costs of evidence adduced during the summary hearing performance of the
on behalf of persons
suit. shall be treated as evidence of the parties on the A party who avails of legal duty of the
whose right to a
merits of the case. The action shall proceed in this petition but who respondent, identical to
balanced and healthful
The court then shall direct the plaintiff or adverse accordance with the Rules of Court (Rule 6, Sec. also wishes to be Rule 65, Rules of Court
ecology is violated or
party to file an opposition showing the suit is not 4) indemnified for injuries
threatened to be
a SLAPP, attaching evidence in support thereof, suffered may file
violated
within a non-extendible period of five (5) days Q: Distinguish between Writ of Kalikasan v. another suit for the
from receipt of notice that an answer has been Writ of Continuing Mandamus RESPONDENT recovery of damages
filed. A: since the Rule on the
May be a private Only the government or Writ of kalikasan allows
The defense of a SLAPP shall be set for hearing individual or entity its officers for the institution of
by the court after issuance of the order to file an
Writ of Kalikasan Writ of Continuing
Mandamus separate actions.
opposition within fifteen (15) days from filing of EXEMPTION FROM DOCKET FEES
the comment or the lapse of the period (Rule 6, (A.M. No. 09-6-8-SC, p. 142)
SUBJECT MATTER
Sec. 2). Both are exempted Both are exempted
Writ of Kalikasan
Available against an Directed against:
Q: What is the nature of the hearing on the unlawful act or (a) the unlawful neglect
defense of a SLAPP? VENUE Q: What is a writ of kalikasan?
omission of a public in the performance of
A: It shall be summary in nature. The parties must A: It is a remedy available to a natural or juridical
official or employee, or an act which the law a) Supreme Court; or a) Regional Trial
submit all available evidence in support of their person, entity authorized by law, people’s
private individual or specifically enjoins as a b) Any of the stations Court exercising
respective positions (Rule 6, Sec. 3). organization, non-governmental organization, or
entity, involving duty resulting from an of the Court of jurisdiction over any public interest group accredited by or
environmental damage office, trust or station in Appeals the territory where
Q: What is the quantum of evidence required registered with any government agency, on
of such magnitude as connection with the the actionable
of the party seeking the dismissal of the behalf of persons whose constitutional right to a
to prejudice the life, enforcement or neglect or
case? balanced and healthful ecology is violated, or
health or property of violation of an omission
A: The party seeking the dismissal of the case threatened with violation by an unlawful act or
inhabitants in two or environmental law rule occurred
must prove by substantial evidence that his act omission of a public official or employee, or
more cities or or regulation or a right b) Court of Appeals;
for the enforcement of environmental law is a private individual or entity, involving
provinces therein; or or
legitimate action for the protection, preservation environmental damage of such magnitude as to
and rehabilitation of the environment (Rule 6, c) Supreme Court prejudice the life, health or property of inhabitants
Magnitude of (b) the unlawfully in two or more cities or provinces. (Rule 7, Sec.
Sec. 3).
environmental damage exclusion of another
1)
is a condition sine qua from the use or
Q: What is the quantum of evidence required
non in a petition for the enjoyment of such right
of the party filing the action assailed as a Q: What is the nature of writ of kalikasan?
issuance of a Writ of and in both instances,
SLAPP? A: It is an extraordinary remedy that deals with
damage that transcends political and territorial
boundaries. Magnitude is measured by the 3. Allow the violation of any environmental Q: What pleadings and motions are petitioner by reason of the malicious
degree of environmental damage that prejudices law, rule, or regulation; or prohibited? neglect to perform the duties of the
the life, health or property of inhabitants in two or 4. Commit any act resulting to A: respondent, under the law, rules or
more cities or provinces. (A.M. No. 09-6-8-SC, p. environmental damage of such 1. Motion to dismiss; regulations.
133) magnitude as to prejudice the life, health, 2. Motion for extension of time to file return;
or property of inhabitants of two or more 3. Motion for postponement; The petition shall also contain a sworn
Q: What acts are covered by the writ? cities (Rule 7, Sec. 8) 4. Motion for a bill of particulars; certification of non-forum shopping. (Rule 8, Sec.
A: The unlawful act or omission of a public official 5. Counterclaim or cross-claim; 1)
or employee, or private individual or entity, All defenses not raised are deemed waived. A 6. Third-party complaint;
involving environmental damage of such general denial of allegations in the petition shall 7. Reply; and Criminal Procedure in Environmental Cases
magnitude as to prejudice the life, health or be considered an admission thereof (Rule 7, Sec. 8. Motion to declare respondent in default.
property of inhabitants in two or more cities or 8) (Rule 7, Sec. 9) Q: Who may file a complaint for violations of
provinces. (A.M. No. 09-6-8-SC, p. 133) environmental and other related laws, rules
Q: What is the effect of failure to file a return? NOTE: A motion for intervention is excluded from and regulations?
Q: What are the requisites for the writ to A: In case the respondent fails to file a return, the this enumeration. (A.M. No. 09-6-8-SC, p. 136) A:
issue? court shall proceed to hear the petition ex parte 1. Offended Party
A: (Rule 7, Sec. 10) Writ of Continuing Mandamus 2. Peace officer
1. There is an actual or threatened violation 3. Any public officer charged with the
of the constitutional right to a balanced Q: What reliefs may be granted under the writ Q: What is a writ of continuing mandamus? enforcement of an environmental law
and healthful ecology; of kalikasan? A: When any agency or instrumentality of the (Rule 9, Sec. 1)
2. The actual or threatened violation arises A: government or officer thereof:
from an unlawful act or omission of a 1. Directing respondent to permanently 1. Unlawfully neglects the performance of Q: When is the civil action for violation of
public official or employee, or private cease and desist from committing acts or an act which the law specifically enjoins environmental laws not deemed instituted
individual or entity; and neglecting the performance of a duty in as a duty resulting from an office, trust or with the criminal action?
3. The actual or threatened violation violation of environmental laws resulting station in connection with the A: When a criminal action is instituted, the civil
involves or will lead to an environmental in environmental destruction or damage; enforcement or violation of an action for the recovery of civil liability arising from
damage of such magnitude as to 2. Directing the respondent public official, environmental law rule or regulation or a the offense charged, shall be deemed instituted
prejudice the life, health or property of government agency, private person or right therein, or with the criminal action, unless the complainant:
inhabitants in two or more cities or entity to protect, preserve, rehabilitate or 2. Unlawfully excludes another from the use 1. Waives the civil action,
provinces (Segovia v. The Climate restore the environment; or enjoyment of such right and there is no 2. Reserves the right to institute it
Change Commission, G.R. No. 211010, 3. Directing the respondent public official, other plain, speedy and adequate separately or
2017) government agency, private person or remedy in the ordinary course of law. 3. Institutes the civil action prior to the
entity to monitor strict compliance with criminal action. (Rule 10, Sec. 1)
Q: What must the petitioner prove? the decision and orders of the court; It may be availed of to compel the performance of
A: 4. Directing the respondent public official, an act specifically enjoined by law. It permits the Q: When should the reservation to institute a
1. Environmental law, rule or regulation government agency, or private person or court to retain jurisdiction after judgment in order separate civil action be made?
violated or threatened to be violated; entity to make periodic reports on the to ensure the successful implementation of the A: During arraignment (Rule 10, Sec. 1)
2. 2, Act or omission complained of; and execution of the final judgment; and reliefs mandated under the court’s decision.
3. The environmental damage of such 5. Such other reliefs which relate to the right Q: To whom shall damages accrue where
magnitude as to prejudice the life, health of the people to a balanced and healthful For this purpose, the court may compel the there is no private offended party?
or property of inhabitants in two or more ecology or to the protection, submission of compliance reports from the A: The damages awarded in cases where there
cities or provinces (Rule 7, Sec. 2). preservation, rehabilitation or restoration respondent government agencies (A.M. No. 09- is no private offended party, less the filing fees,
of the environment, except the award of 6-8-SC, p. 142) shall accrue to the funds of the agency charged
Q: How effect does the filing of the petition for damages to individual petitioners (Rule 7, with the implementation of the environmental law
the Writ of Kalikasan have on other actions? Sec. 15) The person aggrieved thereby may file a verified violated. The award shall be used for the
A: The filing of a petition for the issuance of the petition in the proper court: restoration and rehabilitation of the environment
writ of kalikasan shall not preclude the filing of Q: What is the mode of appeal? 1. Alleging the facts with certainty, attaching adversely affected. (Rule 10, Sec. 1)
separate civil, criminal or administrative actions A: Within fifteen (15) days from the date of notice thereto supporting evidence, specifying
(Rule 7, Sec. 16) of the adverse judgment or denial of motion for that the petition concerns an Q: When is an arrest without warrant valid?
reconsideration, any party may appeal to the environmental law, rule or regulation, and A: A peace officer or an individual deputized by
Q: What must the return contain? Supreme Court under Rule 45 of the Rules of 2. Praying that judgment be rendered the proper government agency may, without a
A: The respondent must state all defenses to Court. The appeal may raise questions of fact commanding the respondent to do an act warrant, arrest a person:
show that he did not: (Rule 7, Sec. 16) or series of acts until the judgment is fully 1. When, in his presence, the person to be
1. Violate satisfied, and arrested has committed, is actually
2. Threaten to violate 3. To pay damages sustained by the committing or is attempting to commit an
offense; or and irreversible damage to the environment that of serious harm — coincide, the case for the
2. When an offense has just been is scientifically plausible but uncertain, actions precautionary principle is strongest.
committed, and he has probable cause to shall be taken to avoid or diminish that threat.
believe based on personal knowledge of (Rule I, Sec. 4(f)) When in doubt, cases must be resolved in favor
facts or circumstances that the person to of the constitutional right to a balanced and
be arrested has committed it. (Rule 11, Q: When is the precautionary principle healthful ecology. Parenthetically, judicial
Sec 1) applicable? adjudication is one of the strongest fora in which
A: When there is a lack of full scientific certainty the precautionary principle may find applicability.
Q: When should the accused be set for in establishing a causal link between human (International Service for the Acquisition of Agri-
arraignment? activity and environmental effect, the court shall Biotech Applications v. Greenpeace, G.R. No.
A: The court shall set the arraignment of the apply the precautionary principle in resolving the 209271, Dec 8, 2015)
accused within fifteen (15) days from the time it case before it. (Rule 20, Sec. 1)
acquires jurisdiction over the accused, with notice Q: What are the standards for the application
to the public prosecutor and offended party or The precautionary principle shifts the burden of of the precautionary principle?
concerned government agency that it will evidence of harm away from those likely to suffer A: The following factors, among others, may be
entertain plea-bargaining on the date of the harm and onto those desiring to change the considered:
arraignment. (Rule 15, Sec. 1) status quo. Its application is generally limited to
cases where there is doubt in the evidence Threats to human life or health;
Q: In cases where the prosecution and available. (A.M. No. 09-6-8-SC, p. 158) Inequity to present or future generations;
offended party or concerned government or
agency agree to the plea offered by the The precautionary principle shall only be relevant Prejudice to the environment without
accused, what must the court do? if there is concurrence of three elements, namely: legal consideration of the environmental
A: uncertainty, threat of environmental damages, rights of those affected. (Rule 20, Sec. 2)
1. Issue an order which contains the plea- and serious or irreversible harm.
bargaining arrived at;
2. Proceed to receive evidence on the civil In situations where the threat is relatively certain,
aspect of the case, if any; and or that the causal link between an action and ————- end of topic ————
3. Render and promulgate judgment of environmental damage can be established, or the
conviction, including the civil liability for probability of occurrence can be calculated, only
damages. (Rule 15, Sec.2) preventive, not precautionary measures may be
taken.
Q: When must the court set the case for pre-
trial conference? Neither will the principle apply if there is no
A: After the arraignment, the court shall set the indication of threat of environmental harm, or if
pre-trial conference within thirty (30) days. It may the threatened harm is trivial or easily reversible.
refer the case to the branch clerk of court, if (City Government of Davao v. CA, G.R. No.
warranted, for a preliminary conference to be set 189305, Aug 16, 2016)
at least three (3) days prior to the pre-trial. (Rule
16, Sec. 1) Although the precautionary principle allows lack
of full scientific certainty in establishing a
Q: When should the court issue the pre-trial connection between serious or irreversible harm
order? and the human activity, its application is still
A: The court shall issue a pre-trial order within ten premised on empirical studies. Scientific analysis
(10) days after the termination of the pre-trial, is still a necessary basis for effective policy
setting forth the actions taken during the pre-trial choices under the precautionary principle. The
conference, the facts stipulated, the admissions principle cannot be used in sustaining the ban
made, evidence marked, the number of against aerial spraying if little or nothing is known
witnesses to be presented and the schedule of of the exact or potential dangers it may bring to
trial. The order shall bind the parties and control the health of the residents within the plantations
the course of action during the trial. (Rule 16, and the integrity of the environment. (City
Sec. 7) Government of Davao v. CA, G.R. No. 189305,
2016)
Q: What is the precautionary principle?
A: Precautionary principle states that when When these features — uncertainty, the
human activities may lead to threats of serious possibility of irreversible harm, and the possibility
BAR OPERATIONS 2020/21 CIVIL LAW BAR OPERATIONS 2020/21 CIVIL LAW
B. ETHICS 1. QUALIFICATIONS FOR NEW 1. Petition for reacquisition of Philippine 2. CODE OF PROFESSIONAL
LAWYERS citizenship; RESPONSIBILITY
2. Order for reacquisition of Philippine
TOPIC OUTLINE UNDER THE SYLLABUS: (INCLUDES THOSE WHO REACQUIRE (INCLUDING DUTIES INCORPORATED IN
citizenship;
CITIZENSHIP) 3. Oath of Allegiance to the Republic of the THE LAWYER’S OATH)
B. ETHICS Philippines;
1. Qualifications for new lawyers (includes Q: What are the qualifications for admission to 4. Identification Certificate (IC) issued by the Q: State the Lawyer’s Oath
those who reacquire citizenship) the bar under Sections 2, 5 and 6 of Rule 138 Bureau of Immigration; A:
2. Code of Professional Responsibility of the ROC? (F21-Good-Resident-MEBORO) 5. Certificate of Good Standing issued by the I, , do solemnly swear that I
(including duties incorporated in the A: IBP; will maintain allegiance to the Republic of the
Lawyer's Oath) 1. Filipino citizen; 6. Certification from the IBP indicating Philippines;
3. Disqualifications/inhibitions for judges 2. At least 21 years of age; updated payments of annual membership
4. Direct and indirect contempt 3. Of GOOD moral character; and, dues; I will support its constitution and obey the laws as
4. A RESIDENT of the Philippines. 7. Proof of payment of professional tax; and well as the legal orders of the duly constituted
8. Certificate of compliance issued by the authorities therein;
He must also show that (MEBORO): MCLE Office;
1. No charges of Moral turpitude are filed or 9. Retaking of the lawyer’s oath. (In Re: I will do no falsehood, nor consent to the doing of
pending against him; Petition to Re-acquire the Privilege to any in court;
2. Possesses the required Educational Practice Law in the Philippines, B.M. No.
qualifications (including a 4-year pre-law 2112, July 24, 2012) I will not willingly nor wittingly promote or sue any
degree in an authorized or recognized groundless, false or unlawful suit, or give aid nor
university or college). consent to the same;
a. Must have already earned a
bachelor’s degree in Arts or I will delay no man for money or malice, and will
Sciences (PRE-LAW); conduct myself as a lawyer according to the best
b. LAW course - completed courses of my knowledge and discretion, with all good
in Civil Law, Commercial Law, fidelity as well to the court as to my clients
Remedial Law, Criminal Law,
Public International Law, Political and I impose upon myself these voluntary
Law, Labor and Social obligations without any mental reservation or
Legislation, Medical purpose of evasion. So help me God.
Jurisprudence, Taxation, Legal
Ethics Q: What are the FOUR-FOLD DUTIES of a
3. Pass the Bar examinations (Secs. 14 & lawyer? (SPCC)
17). A: Lawyers have duties to:
4. Taken an Oath before the Supreme Court; 1. Society – to be an exemplar for
5. Signed and registered in the Roll of righteousness, ready to render legal aid,
Attorneys; and foster social reforms, guardian of due
6. Other qualifications as may be prescribed process, aware of special role in the
by the Supreme Court. (In Re: Cunanan, solution of special problems, and be
94 Phil. 534, 1954) always ready to lend assistance in the
study and solution of social problems
Q: What happens to a Filipino lawyer who (Canons 1-6, CPR);
became a citizen of another country and later 2. Legal Profession (fellow lawyers) – to
reacquired Filipino citizenship under R.A. No. observe candor, fairness, courtesy and
9225? truthfulness, avoid encroachment on the
A: The Filipino lawyer remains a member of the business of other lawyers, and uphold the
Philippine Bar. However, the right to resume the honor of the profession. (Canons 7-9,
practice of law is NOT automatic. CPR);
3. Court – as an officer of the court, to
R.A. No. 9225 provides that a person reacquiring respect or defend against criticisms,
Filipino citizenship, who intends to practice law in uphold authority and dignity, obey orders
the Philippines, must apply with the Office of the and processes, and assist in the
Bar Confidant for a license or permit to engage in administration of justice (Canons 10-13,
such practice, together with the following CPR); and,
requirements:
Page 231 of 269 Page 232 of 269

4. Client, in that order – to be devoted to the compromise. (De Ysasi v. NLRC, G.R. NO. 2. Not to use false or misleading firm names 5. Ordinary simple professional Card. It may
client’s interest within legal and ethical 104599, 1994) (Rule 3.02, CPR); contain only a statement of his name, the
bounds (Canons 14-22, CPR) (Cruz v. 3. Partner who accepts public office should name of the law firm which he is
Aliño-Hormachuelos, A.M No. CA-04-38, Q: When may a lawyer bind his client without withdraw from the firm; exception (Rule connected with, address, telephone
2004). special power of attorney? 3.03, CPR); and, number and the special branch of law
A: A lawyer can bind his client without special 4. Not to seek media publicity (Rule 3.04, practiced (Id.); and,
CHAPTER I - LAWYER AND SOCIETY power from the latter only in matters of procedure. CPR). 6. Advertisements or simple announcements
The lawyer, may, therefore, be disciplined for of the Existence of a lawyer or his law firm
CANON 1: UPHOLDING THE CONSTITUTION compromising, settling, dismissing, waiving or Q: Are lawyers allowed to advertise their posted anywhere it is proper such as his
AND OBEYING THE LAW disposing of his client’s cause, property, interest services? place of business or residence except
without prior subsequent authority from the client A: No, advertisements are not allowed. A lawyer courtrooms and government buildings.
DUTIES OF A LAWYER TO SOCIETY, IN because any of such steps does not involve cannot advertise his talent as a shopkeeper
GENERAL matters of procedure. advertises his wares. (In Re Tagorda, 53 Phil 37, CANONS 4 AND 5: PARTICIPATING IN LEGAL
1. Maintain allegiance to the Republic of the 1929) DEVELOPMENT BY INITIATING OR
Philippines; CANON 2: MAKING LEGAL SERVICES SUPPORTING LAW REFORM AND THE
2. Uphold the Constitution; and, AVAILABLE Q: What is the most worthy and effective ADMINISTRATION OF JUSTICE (Canon 4) AND
3. Obey the laws of the land. advertisement possible of a lawyer’s services? BY PARTICIPATING IN LEGAL EDUCATION
SUMMARY OF RULES UNDER CANON 2 A: It is the establishment of a well-merited (Canon 5)
SUMMARY OF RULES UNDER CANON 1 1. Not to reject the cause of the defenseless reputation for professional capacity and fidelity to
1. Not to engage in unlawful, dishonest, (Rule 2.01, CPR); trust. Q: Based on Canon 5, what are the three-fold
immoral, or deceitful conduct (Rule 1.01, 2. Not to refuse to render legal advice (Rule obligations of a lawyer?
CPR); 2.02, CPR); Q: What acts are considered INDIRECT A:
2. Not to counsel or abet illegal activities 3. Not to solicit legal business (Rule 2.03, advertisements for professional employment? 1. SELF – to continue improving his
(Rule 1.02, CPR); CPR); and, A: knowledge of the laws;
3. Not to, for any corrupt motive or interest, 4. Not to charge lower rates to attract 1. Furnishing or inspiring newspaper 2. PROFESSION – to take an active interest
encourage any suit or proceeding or delay business (Rule 2.04, CPR). comments; in the maintenance of high standards of
any man’s cause (Rule 1.03, CPR); and, 2. Procuring one’s photograph to be legal education; and,
4. Encourage clients to avoid, end or settle a Q: What is AMBULANCE CHASING? published in connection with causes in 3. PUBLIC – to make the law a part of their
controversy if it will admit of a fair A: It is the solicitation of almost any kind of legal which the lawyer has been engaged or social consciousness.
settlement (Rule 1.04, CPR). business by an attorney, personally or through an concerning the manner of their conduct,
agent, in order to gain employment. (Linsangan v. the magnitude of the interest involved, the CANON 6: APPLICABILITY OF CODE TO
Q: May a lawyer be suspended or disbarred for Tolentino, A.C. No. 6672, 2009) importance of the lawyer's position; and, GOVERNMENT LAWYERS
a misconduct committed in his private affairs? 3. All other self-laudation.
A: Yes. A lawyer may be suspended or disbarred It is an act of chasing victims of accidents for the SUMMARY OF RULES UNDER CANON 6
for any misconduct, even if it pertains to his private purpose of talking to the said victims (or relatives) Q: Is the rule on advertisements absolute? 1. Duty of prosecutor to see that justice is
activities, as long as it shows him to be wanting in and offering his legal services for the filing of a A: No. The following are considered permissible done (Rule 6.01, CPR);
moral character, honesty, probity or good case against the person(s) who caused the advertisements: (Yellow Legal RACE) 2. Not to use public position to promote
demeanor. (Manaois v. Deciembre, A.C. No. 5364, accident(s). This term however has evolved to 1. Yellow pages/telephone directories private interest (Rule 6.02, CPR); and,
2008) include all acts of barratry and not only limited to containing the firm name, addresses and 3. Former officials may not accept certain
scenarios where there is an accident. contact numbers; employment (Rule 6.03, CPR).
Additionally, it has been ruled by the Supreme 2. Advertisements or announcement in any
Court that a lawyer may be disciplined for Q: What is BARRATRY? Legal publication, including books, Q: What does Rule 6.03 entail?
misconduct committed either in his professional or A: It is an offense of frequently exciting and stirring journals, and legal magazines; A: Lawyers in the government service are
private capacity. The test is whether his conduct up quarrels and suits, either at law or otherwise. (4 3. Reputable law lists, in a manner prohibited to engage in the private practice of their
shows him to be wanting in moral character, Bla. Com. 134; Co. Litt. 368) It is a lawyer’s act of consistent with the standards of conduct profession unless authorized by the constitution or
honesty, probity, and good demeanor, or whether fomenting suits among individuals and offering his imposed by the canons, of brief law, provided that such practice will not conflict or
it renders him unworthy to continue as an officer of legal services to one of them. biographical and informative data, are tend to conflict with their official functions.
the court. (Navarro v. Solidum Jr., A.C. No. 9872, allowed (Ulep v. Legal Clinic, Inc., B.M.
2014) CANON 3: USE OF TRUE AND FAIR No. 553, 1993); CHAPTER II - THE LAWYER AND THE LEGAL
INFORMATION IN MAKING LEGAL SERVICES 4. A simple Announcement of the opening of PROFESSION
Q: Can a lawyer compromise the case without AVAILABLE a law firm or of changes in the partnership,
the client’s consent? associates, firm name or office address, CANON 7: UPHOLD THE DIGNITY AND
A: As a general rule, no. A lawyer needs special SUMMARY OF RULES UNDER CANON 3 being for the convenience of the INTEGRITY OF THE PROFESSION
authority from the client to enter into a 1. Not to use false statement regarding his profession, is not objectionable (Id.);
qualification of service (Rule 3.01, CPR); SUMMARY OF RULES UNDER CANON 7
Page 233 of 269 Page 234 of 269

1. Not to make/use false statement in walls of decency and propriety. (Habawel v. CTA, 2. Not to publicly discuss pending cases
application to the Bar (Rule 7.01, CPR); SUMMARY OF RULES UNDER CANON 10 G.R. No. 174759, 2011) (Rule 13.02, CPR); and,
2. Not to support unqualified applicant to the 1. Not to do any falsehood (Rule 10.01, 3. Not to invite judicial interference (Rule
Bar (Rule 7.02, CPR); and, CPR); CANON 12: ASSISTING THE COURT IN 13.03, CPR).
3. Always conduct one’s self ethically and 2. Not to misquote or misrepresent (Rule SPEEDY AND EFFICIENT ADMINISTRATION
morally (Rule 7.03, CPR). 10.02, CPR); and, OF JUSTICE Q: What is the SUB JUDICE RULE?
3. Not to misuse rules of procedure (Rule A: The sub judice rule restricts comments and
CANON 8: RELATIONSHIP WITH OTHER 10.02, CPR). SUMMARY OF RULES UNDER CANON 12 disclosures pertaining to the judicial proceedings
LAWYERS – CHARACTERIZED BY 1. To appear in proper attire (Rule 12.01, in order to avoid prejudging the issue, influencing
COURTESY, CANDOR, AND FAIRNESS CANON 11: OBSERVING AND MAINTAINING CPR); the court, or obstructing the administration of
RESPECT DUE THE COURTS AND JUDICIAL 2. To be punctual (Rule 12.02, CPR); justice. A violation of this rule may render one
SUMMARY OF RULES UNDER CANON 8 OFFICERS 3. To abstain from offensive language (Rule liable for indirect contempt under Sec. 3(d), Rule
1. Use temperate language (Rule 8.01, 12.03, CPR); 71 of the Rules of Court. (Romero v. Estrada, G.R.
CPR); and, SUMMARY OF RULES UNDER CANON 11 4. Not to attribute to a judge improper No. 174105, 2009)
2. Not encroach upon the business of 1. To appear in proper attire (Rule 11.01, motives (Rule 12.04, CPR);
another (Rule 8.02, CPR). CPR); 5. To submit grievances to proper authorities CHAPTER IV - THE LAWYER AND THE CLIENT
2. To be punctual (Rule 11.02, CPR); (Rule 12.05, CPR);
Q: Is lack of intention excusable? 3. To abstain from offensive language (Rule 6. Not to assist a witness to misrepresent ATTORNEY-CLIENT RELATIONSHIP
A: NO. Lack or want of intention is no excuse for 11.03, CPR); (Rule 12.06, CPR);
the disrespectful language employed. Counsel 4. To not attribute to a judge improper 7. Not to harass a witness (Rule 12.07, Q: What is the NATURE of the relationship
cannot escape responsibility by claiming that his motives (Rule 11.04, CPR); and, CPR); and, between lawyers and their clients? (SHF)
words did not mean what any reader must have 5. To submit grievances to proper authorities 8. To avoid testifying for a client (Rule 12.08, A: The relationship between lawyers and their
understood them as meaning. (Rheem of the (Rule 11.05, CPR). CPR). clients is:
Philippines v. Ferrer, G.R. No. L-22979, 1967) 1. Strictly personal;
Q: Can lawyers be found guilty for direct Q: What is FORUM SHOPPING? 2. Highly confidential; and,
CANON 9: PREVENTING UNAUTHORIZED contempt for using contumacious language in A: Forum shopping exists when as a result of an 3. Fiduciary.
PRACTICE OF LAW their pleadings (motion for reconsideration)? adverse opinion in one forum:
A: YES. Canon 11 of the CPR mandates all 1. A party seeks favorable opinion (other Q: What are the three (3) ways in which an
SUMMARY OF RULES UNDER CANON 9 attorneys to observe and maintain the respect due than by appeal or certiorari) in another; or, attorney-client relationship is created?
1. Not to delegate legal work to non-lawyers to the courts and to judicial officers and to insist on 2. When he institutes two or more actions or A:
(Rule 9.01, CPR); and, similar conduct by others. Rule 11.03 of the CPR proceedings grounded on the same cause 1. ORAL – counsel is employed without a
2. Not to divide fees with non-lawyers (Rule also says that a lawyer shall abstain from of action, on the gamble that one or the written agreement, but the conditions and
9.02, CPR). scandalous, offensive or menacing language or other would make a favorable disposition. amount of attorney’s fees are agreed upon
behavior before the Courts. An imputation in a (Benguet Electric Corp. v. Flores, A.C. verbally
Q: Who are NOT allowed to be a partner or pleading of gross ignorance against a court or its 4058, 1998) 2. EXPRESS – when the terms and
associate of a law firm? judge, especially in the absence of any evidence, conditions including the amount of fees,
A: One who: is a serious allegation, and constitutes direct It is also the omission to disclose pendency of an are explicitly stipulated in a written
1. Is not a lawyer; contempt of court. Derogatory, offensive or appeal or the prior dismissal of his case by a court document which may be a private or
2. Is disbarred; malicious statements contained in pleadings or of concurrent jurisdiction. It constitutes direct public document. Written contract of
3. Has been suspended from the practice of written submissions presented to the same court contempt. (Section 5, Rule 7, 1997 Rules of Court) attorney’s fees is the law between the
law; and, or judge in which the proceedings are pending are lawyer and the client.
4. Foreign lawyer, unless licensed by the treated as direct contempt because they are The most important factor in determining the 3. IMPLIED – when there is no agreement,
SC. equivalent to a misbehavior committed in the existence of forum-shopping is the vexation whether oral or written, but the client
presence of or so near a court or judge as to caused to the courts and to party-litigants by a allowed the lawyer to render legal services
Q: Can a lawyer delegate his authority? interrupt the administration of justice. This is true, party who asks different courts to rule on the same not intended to be gratuitous without
A: NO. A lawyer cannot delegate his authority even if the derogatory, offensive or malicious related causes, asking the same relief. (Roxas v. objection, and the client is benefited by
without client’s consent even to a qualified person. statements are not read in open court. (Habawel CA, G.R. No. 139227, 2001) reason thereof.
v. CTA, G.R. No. 174759, 2011)
CHAPTER III - THE LAWYER AND THE CANON 13: AVOIDING IMPROPRIETY THAT Q: When does an attorney-client relationship
COURTS Q: What is the TEST that should be used in TENDS TO INFLUENCE THE COURT exist?
criticizing a judge’s decision? A: An attorney-client relationship is said to exist
CANON 10: RELATIONSHIP WITH THE A: The test for criticizing a judge’s decision is, SUMMARY OF RULES UNDER CANON 13 when a lawyer acquiesces or voluntarily permits
COURTS – CHARACTERIZED BY CANDOR, therefore, whether or not the criticism is bona fide 1. Not to extend hospitality to a judge (Rule the consultation of a person, who in respect to a
FAIRNESS, AND GOOD FAITH TO THE or done in good faith, and does not spill over the 13.01, CPR); business or trouble of any kind, consults a lawyer
COURTS
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with a view of obtaining professional advice or the services of a counsel are necessary to secure a.Not to represent conflicting (Northwestern University v. Arquillo, A.C.
assistance. (Virgo v. Amorin, A.C. No. 7861, 2009) the ends of justice. interests (Rule 15.03, CPR); and, No. 6632, 2005)
b. May act as a mediator, conciliator,
Q: What is the concept of RETAINER? Q: Can a lawyer decline an appointment as or arbitrator with the written Q: What are the EXCEPTIONS TO THE RULE
A: A retainer refers to: counsel de oficio? consent of all concerned (Rule ON CONFLICT OF INTEREST? (WANA)
1. The act of the client by which he engages A: No. A lawyer shall not decline, except for 15.04, CPR). A:
the services of an attorney to render legal serious and sufficient cause, an appointment as 3. CANDID ADVICE AND LAWFUL 1. Before the controversy reaches the court
advice, or to defend or prosecute his counsel de oficio or as amicus curiae or a request PERFORMANCE OF DUTIES and where all the parties concerned
cause in court; or from the Integrated Bar of the Philippines or any of a. To give candid advice on merits of express their Written consent to the
2. The fee a client pays to an attorney when its chapters for rendition of free legal aid. (Rule a case (Rule 15.05, CPR); representation after full disclosure of facts;
he is retained, a “retaining fee”, paid to 14.02, CPR) b. Not to undertake influence- (Nakpil v. Valdes, A.C. No. 2040, 1998)
insure and secure his future services and peddling (Rule 15.06, CPR); 2. With the written consent of All concerned,
to compensate (Hilado v. David, G.R. No. General Rule: A lawyer is not obligated to c. To impress upon clients a lawyer may act as a mediator,
L-961, 1949) counsel for being forbidden represent any person who wishes to be his client compliance with laws (Rule 15.07, conciliator, or arbitrator in setting disputes;
from acting as counsel for the other party. (Enriquez v. Gimenez, G.R. No. L-12817, 1960) CPR); and, (Rule 15.04, CPR)
d. To make clear whether he/she is 3. Where No true attorney-client relationship
Q: What are the two (2) KINDS of retainer Exceptions: acting in another capacity (Rule is attendant; and,
agreements? What are its purposes? 1. A lawyer may not refuse to represent an 15.08, CPR). 4. With the written consent of a former client,
A: indigent client unless he is relieved by the a lawyer, with full disclosure to a
1. GENERAL RETAINER – The purpose is court for sufficient cause. (People v. Q: What is the RULE REGARDING CONFLICT prospective client, Accepts employment
to secure beforehand the services of an Irisuilo, G.R. No. L-1473, 1948; Ledesma OF INTERESTS? from the latter against the former.
attorney for any legal problem that may v. Climaco, G.R. No. L-23815, 1974) A: It is generally the rule based on sound public (Bautista v. Gonzales, A.M. No. 1625,
afterward arise. a. He is not in a position to carry out policy that an attorney cannot represent adverse 1990)
2. SPECIAL RETAINER - The purpose is to the work effectively or interests. It is highly improper to represent both
a particular case or service. (Agpalo, competently; or sides of an issue. (Nakpil v. Valdez, A.C. No. 2040, Q: Does the attorney-client privilege apply
Legal and Judicial Ethics, p.186) b. There exists a conflict of interest 1998) solely to lawyers?
between him and the prospective A: NO. The rule of confidentiality and attorney-
CANON 14: CREATION OF ATTORNEY client. Q: What are the four (4) SEPARATE TESTS in client privilege also applies to an attorney's
CLIENT-RELATIONSHIP 2. A government lawyer is called upon to determining whether there is conflict of secretary, stenographer or clerk, who in such
represent the government, any of its interest when lawyers represent two or more capacity has acquired confidential information
SUMMARY OF RULES UNDER CANON 14 agencies or any officer thereof unless he clients? (COPI) from the attorney's client.
1. Not to decline to represent unpopular is disqualified to act as counsel. A:
clients (Rule 14.01, CPR); (Enriquez, Sr. v. Gimenez, G.R. No. L- 1. In accepting the new relation, the lawyer Q: What is the DURATION of attorney-client
2. Not to decline appointment by the court or 121817; Reyes v. Cornista, G.R. No. L- will be called upon to use Confidential privilege?
by IBP (Rule 14.02, CPR); 55555, 1953; Municipality of Bocaue v. information acquired through their A: It is a perpetual duty that continues even after
3. To refuse to represent indigent on valid Manotok, G.R. No. L-6528, 1953; Aquador connection against a client. (Quiambao v. the attorney-client relationship has been
grounds (Rule 14.03, CPR); v. Enerio, G.R. No. L-20388, 1971; Callejo Bamba, A.C. No. 6708, 2005) terminated (Canon 21, CPE; Canon 37, CPR) and
a. Not in a position to carry out the v. Court of Appeals, G.R. No. 156413, 2. When in representation of one client, a even after the death of the client. Once
work effectively or competently; 2004) lawyer is required to fight for an issue or professional confidence is reposed, it cannot be
or, claim, but is also duty bound to Oppose it divested by either event.
b. Labors under a conflict of interest CANON 15: OBSERVING CANDOR, FAIRNESS, for another client;
between: AND LOYALTY IN DEALING WITH CLIENTS 3. When the acceptance of the new retainer Q: What are the EXCEPTIONS to the perpetuity
i. Him/her and the will require an attorney to perform an act of attorney-client privilege?
prospective client; or, SUMMARY OF RULES UNDER CANON 15 that may Injuriously affect the first client or A:
ii. Present client and the 1. OBSERVE CANDOR, FAIRNESS, AND when called upon in a new relation to use 1. When removed by the client himself;
prospective client; LOYALTY TO CLIENTS against the first one any knowledge (Agpalo, Legal and Judicial Ethics, p.266,
4. To observe the same standard with all a. To ascertain possible conflicts of acquired through their professional 2009)
clients (Rule 14.04, CPR). interest (Rule 15.01, CPR); and, connection; 2. When removed after the death of the client
b. To preserve the secrets of a 4. When the acceptance of the new relation by his heir or legal representative;
Q: What is COUNSEL DE OFICIO? prospective client (Rule 15.02, would Prevent the full discharge of an (Agpalo, Legal and Judicial Ethics, p.266,
A: He is the lawyer assigned by the court to render CPR); attorney's duty to give undivided fidelity 2009)
professional aid, free of charge, to any party in a 2. PROHIBITION AGAINST and loyalty to the client or would invite 3. When a supervening act done pursuant to
case if upon investigation it appears that the party REPRESENTING CONFLICTING suspicion of unfaithfulness or double the purpose of the communication causes
is destitute and unable to employ a lawyer and that INTERESTS dealing in the performance of that duty. such communication to lose its privileged
character such as:
Page 237 of 269 Page 238 of 269

a. Communication sent by client 2. Any of the four (4) elements of Art. 1491 1. To render service only when qualified to a. The Customary charges for
through his attorney once it has are missing. do so (Rule 18.01, CPR); similar services and the schedule
reached a third party recipient; 2. Not to handle a case without adequate of fees of the IBP chapter to which
(Uy Chico v. Union Life Q: Due to the relation of trust or their peculiar preparation (Rule 18.02, CPR); and, he belongs;
Assurance Society, G.R. No. L- control either directly or indirectly and even at 3. Not to neglect matters entrusted to him b. The Amount involved in the
9231, 1915) and, a public or judicial auction, who are the people (Rule 18.03, CPR). controversy and the benefits
b. The contents of a pleading before prohibited from acquiring property under resulting to the client from the
it is filed. (Agpalo, Legal and litigation? (GAPE-JO) Q: What is the EFFECT OF NEGLIGENCE in the services;
Judicial Ethics, p. 266, 2009) A: performance of duties? c. The Time spent and the extent of
1. Guardians; A: The failure to exercise due diligence or the the services rendered or required;
CANON 16: LAWYER AS TRUSTEE OF 2. Agents abandonment of the client’s cause makes the d. The Skill demanded;
CLIENT’S MONIES AND PROPERTIES 3. Public officers and employees lawyer unworthy of the trust which the client has e. The Importance of the subject
4. Executors and administrators reposed in him. There is no hard and fast rule as matter;
SUMMARY OF RULES UNDER CANON 16 5. Judicial officers and employees to what is gross misconduct in the performance of f. The Novelty and difficulty of the
1. To account for client’s funds (Rule 16.01, 6. Others specially disqualified by law. (Art. the lawyer’s duty to his client. That question questions involved;
CPR); 1491, Civil Code) depends upon the circumstances of the case, the g. The Probability of losing other
2. Not to commingle client’s funds (Rule nature of the act done and the motive which employment as a result of
16.02, CPR); Q: What is the duty of a lawyer who holds his induced him to do the act charged. acceptance of the proffered case;
3. To deliver funds to client, subject to lien client’s money on the latter’s behalf? h. The Contingency or certainty of
(Rule 16.03, CPR); and, A: A lawyer shall account for all money or property CANON 19: LAWYER’S DUTY OF compensation;
4. Not to borrow from, nor lend money to, collected or received for or from the client. (Rule REPRESENTATION WITH ZEAL i. The Character of the
client (Rule 16.04, CPR). 16.01, CPR) employment, whether occasional
SUMMARY OF RULES UNDER CANON 19 or established; and,
Civil Code, ARTICLE 1491 Q: What is the effect if the lawyer fails to return 1. To employ only fair and honest means j. The professional Standing of the
The following persons cannot acquire or purchase, the money that he held for his client? (Rule 19.01, CPR); lawyer.
even at a public or judicial auction, either in person A: Failure to deliver upon demand gives rise to the 2. To rectify client’s fraud (Rule 19.02, CPR); 2. Entitled to fees based on work performed
or through the mediation of another: xxx presumption that he has misappropriated the and, (Rule 20.02, CPR);
(5) … lawyers, with respect to the property and funds for his own use to the prejudice of the client 3. Not to allow clients to dictate on the law 3. Not to receive fee from another without
rights which may be the object of any litigation in and in violation of the trust reposed in him. (Rule 19.03, CPR). client’s consent (Rule 20.03, CPR); and,
which they may take part by virtue of their (Arellano University v. Mijares, A.C. No. 8380, 4. To avoid controversies with clients
profession. 2009) Q: What are the effects of the negligence of concerning fees (Rule 20.04, CPR).
lawyers on their client’s cases?
Q: What are the ELEMENTS OF ARTICLE CANON 17: LAWYER’S DUTY OF ENTIRE A: As a general rule, the client is bound by the Q: What is a CHAMPERTOUS CONTRACT?
1491(5) of the Civil Code? (CAPI) DEVOTION TO CLIENT’S CAUSE – negligence of his/her counsel. The only exception A: It is an agreement wherein a lawyer conducts
A: CHARACTERIZED BY TRUST AND is when the negligence of the counsel is so gross the litigation on his own account, bearing all the
1. The attorney takes part as Counsel in the CONFIDENCE that the client is deprived of due process. expenses, and the client agrees to pay a portion of
case; (Encarnacion v. People, G.R. No. 189955, 2014) the proceeds of a judgment as lawyer’s fees. It is
2. There is an Attorney-client relationship; Q: What is the EFFECT OF DECEIT OR void for being obnoxious to the law and public
3. The attorney by himself or through MISREPRESENTATION? This is known as the DOCTRINE OF IMPUTED policy.
another Purchases or acquires such A: A lawyer may be suspended or disbarred for KNOWLEDGE.
property or interest; and, deceit or misrepresentation to the prejudice of or Q: What is a CONTINGENT FEE CONTRACT?
4. The property or interest of the client must as a means to defraud his client. Implicit in these Q: What are the EXCEPTIONS TO THE A: It is one wherein the lawyer agrees to be paid
be In litigation. fraudulent acts are bad faith on the part of the DOCTRINE OF IMPUTED KNOWLEDGE? depending on the success of his efforts (not
lawyer and material damage to the client, which A: necessarily for the same money or payment
Note: Acquisition includes mortgage of property in are the requisites that should concur to justify the 1. Reckless imprudence (deprives client of subject of the case).
litigation to lawyer. In this case, acquisition is suspension or disbarment of the lawyer on the due process); and,
merely postponed until foreclosure but the effect is ground deceit or misrepresentation. 2. Results in outright deprivation of one’s Q: What are the two (2) KINDS of attorney’s
the same. property through technicality. lien?
CANON 18: LAWYER’S DUTY OF ENTIRE A:
Q: What are the EXCEPTIONS to this DEVOTION TO CLIENT’S CAUSE – CANON 20: ATTORNEY’S FEES 1. CHARGING LIEN - an equitable right to
prohibition? CHARACTERIZED BY COMPETENCE AND have fees and lawful disbursements due a
A: DILIGENCE SUMMARY OF RULES UNDER CANON 20 lawyer for his services in a suit secured to
1. Property is acquired by lawyer through a 1. Guides in determining amount of fees him out of the judgment for the payment of
contingent fee arrangement; and, SUMMARY OF RULES UNDER CANON 18 (Rule 20.01, CPR) (CATS IN PCCS); money and executions issued in
pursuance thereof in the particular suit.
Page 239 of 269 Page 240 of 269

2. RETAINING LIEN – a right merely to 4. To disclose affairs of client to partners 4. Communication involves the commission 6. Death of the lawyer, unless it is a Law
retain the funds, documents and papers (Rule 21.04, CPR); of future fraud or crime. Firm, in which case, the other partners
as against the client until the attorney is 5. To adopt measures against disclosure of may continue with the case;
fully paid. client’s secrets (Rule 21.05, CPR); Note: Crimes/frauds “already committed” fall 7. Death of the client as the relationship is
6. To avoid indiscreet conversation about within the attorney-client privilege. personal, and one of agency
Q: What are the REQUISITES OF A CHARGING client’s affairs (Rule 21.06, CPR); and, 8. Discharge or dismissal of the lawyer by
LIEN? (FERN-C) 7. Not to reveal his/her having been CANON 22: WITHDRAWING SERVICES FOR A the client, for the right to dismiss a counsel
A: consulted (Rule 21.06, CPR). GOOD CAUSE is the prerogative of the client, subject to
1. Favorable judgment secured by the certain limitations;
counsel for his client which judgment is a Q: Are all types of communication between the SUMMARY OF RULES UNDER CANON 22 9. Disbarment or suspension of the lawyer
money judgment; lawyer and the client confidential? 1. To withdraw only for good cause (MI from the practice of law;
2. Existence of a lawyer-client relationship; A: NO. The mere establishment of a client-lawyer VIDEO) (Rule 22.01, CPR); and, 10. Declaration of the presumptive death of
3. Attorney Rendered services; relationship does not raise a presumption of a. When the Mental or physical the lawyer (Art. 390, Civil Code; Art. 41,
4. Nothing in the records of the case through confidentiality. There must be intent or that the condition of the lawyer renders it Family Code “FC” for brevity)
the filing of an appropriate motion of the communication relayed by the client to the lawyer difficult for him to carry out the
statement of the lawyer’s claim for be treated as confidential. (Mercado v. Atty employment effectively; Q: How does a LAWYER terminate the
attorney’s fee with copies furnished to the Vitriolo, A.C. No. 5108, 2005) b. When his Inability to work with co- attorney-client relationship?
client and adverse party; and, counsel will promote the best A: By procuring the written consent of his client or
5. Attorney has a Claim for attorney’s fees or Q: What are the REQUISITES FOR PRIVILEGED interest of the client; by permission of the court after due notice and
advances. COMMUNICATION to exist? (R-Con-Prof) c. When the client insists that the hearing, the attorney ensures that the name of the
A: lawyer pursue conduct Violative new attorney is recorded. If he cannot get the
Q: What are the REQUISITES OF A RETAINING 1. There exists an attorney-client of the canons and rules; written consent, he must make an application to
LIEN? (PUR) Relationship, or a prospective attorney- d. When the client pursues an Illegal the court, as the relation does not terminate until
A: client relationship, and it is by reason of or immoral course of conduct in there is a withdrawal of the record. He must serve
1. Lawful Possession by the lawyer of the this relationship that the client made the connection with the matter he is a copy of his petition upon his client and the
client’s funds, documents and papers in communication; handling; adverse party at least 3 days before the date set
his professional capacity; 2. The client made the communication in e. When the client Deliberately fails for hearing. (Visitacion v. Manit, G.R. No. L-27231,
2. Unsatisfied claim for attorney’s fees; and, Confidence; and, to pay the fees for the services or 1969)
3. Attorney-client Relationship. 3. The legal advice must be sought from the fails to comply with the retainer
attorney in his Professional capacity. agreement; Q: Is the procedure the same when the CLIENT
Q: What is QUANTUM MERUIT? (Jimenez v. Atty. Francisco, A.C. No. f. When the lawyer is Elected or terminates the relationship?
A: It means as much as the lawyer deserves or 10548, 2014) appointed to a public office; and, A: NO. A client has the absolute right to discharge
such amount as his services merit. g. Other similar cases. his attorney at any time with or without cause or
Q: What are the EXCEPTIONS for the non- 2. Not be prejudiced by such withdrawal to even against his consent.
Q: How are Attorney’s Fees determined based disclosure of communications? attorney’s lien (Rule 22.02, CPR).
on Quantum Meruit? (TINS) A:
A: 1. Consent or waiver by the client; Q: When is the attorney-client relationship
1. Time spent and extent of the services 2. When disclosure is required by law; TERMINATED? (IF-CAW-D5)
rendered or required; 3. When disclosure is made to protect the A:
2. Importance of the subject matter; lawyer’s rights (i.e. to collect his fees or 1. Intervening Incapacity or incompetence of
3. Novelty and difficulty of questions defend himself); and, the client during the pendency of the case,
involved; and, 4. When such communications are made in for then the client loses his capacity to
4. Skill demanded of a lawyer. contemplation of a crime or the contract, or to control the subject matter of
perpetuation of a fraud. the action. The guardian may authorize
CANON 21: PRESERVING CLIENT’S the lawyer to continue his employment;
CONFIDENCE Q: What are the EXCEPTIONS TO THE 2. Full termination of the case;
EXCEPTIONS? 3. Conviction for a crime and imprisonment
SUMMARY OF RULES UNDER CANON 21 A: of the lawyer for quite some time;
1. Not to reveal client’s confidence (Rule 1. Announcements of intention of a client to 4. Appointment or election of a lawyer to the
21.01, CPR); commit a crime; government position which prohibits
2. Not to use client’s secrets without the 2. Client jumped bail and lawyer knows his private practice of law;
latter’s consent (Rule 21.02, CPR); whereabouts; 5. Withdrawal of the lawyer under Rule
3. Not to give information from files (Rule 3. Client is living somewhere under an 22.01;
21.03, CPR); assumed name; and,
Page 241 of 269 Page 242 of 269

3. DISQUALIFICATION / INHIBITIONS FOR JUDGES NEW CODE OF JUDICIAL CONDUCT RULES OF COURT
(CANON 3, SEC. 5) (RULE 137)
Q: What are the different grounds for disqualifications/inhibitions for judges?
A: party to the proceeding, or any other
interest that could be substantially affected
NEW CODE OF JUDICIAL CONDUCT RULES OF COURT by the outcome of the proceedings;
(CANON 3, SEC. 5) (RULE 137)
WAIVER Instead of withdrawing from the proceeding, Objections to the disqualification can be
MANDATORY Judges shall disqualify themselves from No judge or judicial officer shall sit in any a judge who is subject to mandatory waived by written consent of all parties
participating in any proceedings in which case in which: disqualification can disclose on the records in interest, signed by them and entered
they are unable to decide the matter the basis of disqualification. If, based on upon the record.
impartially, or in which it may appear to a such disclosure, the parties and lawyers all
reasonable observer that they are unable to agree in writing, independently of the
decide the matter impartially. Such judge's participation, that the reason for the
proceedings include, but are not limited to, inhibition is immaterial or unsubstantial, the
instances where: judge may then participate in the
proceeding. The agreement must be signed
(a) The judge has actual bias or prejudice by all parties and lawyers and incorporated
concerning a party or personal knowledge in the record of the proceedings. (Sec. 6)
of disputed evidentiary facts concerning the
proceedings; VOLUNTARY A judge may, in the exercise of his sound
discretion, disqualify himself from sitting
(b) The judge previously served as a lawyer in a case, for just or valid reasons other
or was a material witness in the matter in than those mentioned above.
controversy;
(c) The judge, or a member of his or her

family, has an economic interest in the
outcome of the matter in controversy;
4. DIRECT AND INDIRECT CONTEMPT court, including the act of a person who,
after being dispossessed or ejected from
Q: What is direct contempt? any real property by the judgment or
(d) The judge served as executor, he has been executor, administrator, process of any court of competent
administrator, guardian, trustee or lawyer in guardian, trustee or counsel; A: A person may be punished for direct contempt
when he is guilty of misbehavior in the presence of jurisdiction, enters or attempts or induces
the case or matter in controversy, or a another to enter into or upon such real
former associate of the judge served as or so near a court as to obstruct or interrupt the
proceedings before the same, including disrespect property, for the purpose of executing acts
counsel during their association, or the of ownership or possession, or in any
judge or lawyer was a material witness toward the court, offensive personalities toward
others, or refusal to be sworn or to answer as a manner disturbs the possession given to
therein; the person adjudged to be entitled thereto;
witness, or to subscribe an affidavit or deposition
when lawfully required to do so. 2. The Rescue, or attempted rescue, of a
(e) The judge’s ruling in a lower court is the he has presided in any inferior court
person or property in the custody of an
subject of review; when his ruling or decision is the subject
Q: What is the penalty for direct contempt? officer by virtue of an order or process of
of review, without the written consent of
A: Direct contempt is punished by a fine not a court held by him.
all parties in interest, signed by them and
exceeding two thousand pesos or imprisonment 3. Any Abuse of or any unlawful interference
entered upon the record;
not exceeding ten (10) days, or both, if it be a with the processes or proceedings of a
Regional Trial Court or a court of equivalent or court not constituting direct contempt
(f) The judge is related by consanguinity or he is related to either party within the
higher rank, or by a fine not exceeding two under section 1 of this Rule;
affinity to a party litigant within the sixth civil sixth degree of consanguinity or affinity,
hundred pesos or imprisonment not exceeding 4. Misbehavior of an officer of a court in the
degree or to counsel within the fourth civil or to counsel within the fourth degree,
one (1) day, or both, if it be a lower court. (Rule 71, performance of his official duties or in his
degree; or computed according to the rules of the
Sec.1, ROC) official transactions;
civil law;
5. Assuming to be an attorney or an officer
Q: What is indirect contempt? of a court, and acting as such without
(g) The judge knows that his or her spouse he, or his wife or child is pecuniarily
A: A person guilty of any of the following acts may authority;
or child has a financial interest, as heir, interested as heir, legatee, creditor or
be punished for indirect contempt: (DRAMA-FID) 6. Failure to obey a subpoena duly served;
legatee, creditor, fiduciary, or otherwise, in otherwise;
the subject matter in controversy or in a 1. Disobedience of or resistance to a lawful
writ, process, order, or judgment of a
Page 243 of 269 Page 244 of 269

BAR OPERATIONS 2020/21 CIVIL LAW BAR OPERATIONS 2021
7. Any Improper conduct tending, directly or C. PRACTICAL EXERCISES 1. PARTS OF CONVEYANCING,

indirectly, to impede, obstruct, or degrade AFFIDAVITS
the administration of justice; TOPIC OUTLINE UNDER THE SYLLABUS:
8. Disobedience of or resistance to a lawful
A. CONTRACT OF SALE
writ, process, order, or judgment of a
C. PRACTICAL EXERCISES
court, including the act of a person who,
after being dispossessed or ejected from 1. Parts of conveyancing, affidavits Q: What are the parts of a typical deed of sale?
any real property by the judgment or 2. Parts of pleadings, motions (TAF-CAS-SA)
process of any court of competent A:
jurisdiction, enters or attempts or induces 1. Title
another to enter into or upon such real 2. Announcement
property, for the purpose of executing acts 3. First Party
of ownership or possession, or in any 4. Consideration
manner disturbs the possession given to 5. Act or Conveyance
the person adjudged to be entitled thereto. 6. Second Party
(Rule 71, Sec.3, ROC) 7. Signature of Parties/ Witnesses)
8. Acknowledgment
Q: What is the penalty for indirect contempt?
A: If the respondent is adjudged guilty of indirect
contempt committed against a RTC or a court of Form: Deed of Sale of Personal Property (Motor Vehicle)
equivalent or higher rank, he may be punished by DEED OF ABSOLUTE SALE
a fine not exceeding thirty thousand pesos or OF A MOTOR VEHICLE
imprisonment not exceeding six (6) months, or
both. If he is adjudged guilty of contempt KNOW ALL MEN BY THESE PRESENTS:
committed against a lower court, he may be
punished by a fine not exceeding five thousand This Deed of Absolute Sale (the “AGREEMENT”) is made and executed into this [day] of [Month] [Year]
pesos or imprisonment not exceeding one (1) at [Place], by and between:
month, or both. If the contempt consists in the
violation of a writ of injunction, temporary ELON MUSKETEER Filipino, of legal age, married, and with address at [Address], (“SELLER”)
restraining order or status quo order, he may also
be ordered to make complete restitution to the And
party injured by such violation of the property
involved or such amount as may be alleged and BANG HYUNGA, Filipino, of legal age, married, and with address at [Address], (“BUYER”)
proved. (Rule 71, Sec. 7, ROC).
WITNESSETH: That –
————- end of topic ————
WHEREAS:
A. SELLER is the registered owner of a motor vehicle in fee simple as shown by Certificate of
Registration No. [xxx], a copy of which is hereto attached as Annex “A” and specifically described
as follows:
MAKE: ENGINE NO:
SERIES: SERIAL/CHASIS
NO.:
TYPE OF BODY: PLATE NO.:
YEAR MODEL: FILE NO.:
B. BUYER intends to buy the Motor Vehicle.
NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:

1. The SELLER hereby sells, assigns, conveys, and transfers absolutely and unconditionally unto
the BUYER the Motor Vehicle, and the BUYER accepts the same, on an as-is-where-is basis;
2. The BUYER shall pay for the Motor Vehicle the amount of [INSERT AMOUNT IN WORDS]
PESOS (PhP XXX.00);
3. The BUYER shall bear all expenses for the execution and registration of this deed of sale.
Page 245 of 269 The Law Pertaining to Private Personal and Commercial Relations Page 246 of 269
Form: Deed of Sale of Registered Real Property

REPUBLIC OF THE PHILIPPINES )
City of ) S.S.
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Absolute Sale (“Deed”) is entered into this [day] of [Month] [Year] at [Place], between:
MARITES SANTOS, of legal age, single/married to (Name of spouse if any), Filipino, and with residence
and postal address at (Address of Seller), hereinafter referred to as the “SELLER”
SALE OF REAL PROPERTY SALE OF PERSONAL PROPERTY
and For transactions involving real rights to be General Rule: An agreement for the sale of goods,
enforceable, they must be in writing and chattels, or things in action, at a price not less than
BOGART AND MARITES INC., a corporation organized and existing under the laws of the Republic of subscribed by the parties charged. As a general P500, must be in writing, or else it is unenforceable.
the Philippines, with business address at (Address of Buyer), duly represented herein by its Position of rule, evidence of the agreement cannot be (Civil Code, Art. 1403 (2) (d))
Authorized Representative), (Name of Authorized Representative), and hereinafter referred to as the received without the writing. (Civil Code, Art. 1403
“BUYER” (2) (e)) Exceptions:
(the Seller and the Buyer are hereinafter collectively referred to as the “Parties”) 1. If the buyer accepts and receives part of
A contract involving real rights which is in writing such goods and chattels, or the evidences,
WITNESSETH: That – and subscribed by the parties, but is not found in a or some of them, of such things in action or
public instrument, is valid. Thus, as a general rule, pays at the time some part of the purchase
WHEREAS: a defective notarization does not affect the validity money, the contract becomes enforceable.
of a contract. However, the instrument becomes a 2. When a sale is made by auction and entry
A. SELLER is the registered owner in fee simple of a parcel of land with improvements covered by private instrument which must be proved following is made by the auctioneer in his sales book,
[Transfer or Original Certificate] Title No. [XX], issued by the Register of Deeds of the rules in Sections 20-22 of Rule 132 of the Rules at the time of the sale, of the amount and
[City/Municipality] (the “Property”); and of Court. (Teoco v. Metrobank, G.R. No. 162333, kind of property sold, terms of sale, price,
B. BUYER intends to buy the Property. 2008) names of the purchasers and person on
whose account the sale is made, then the
NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:
SALE OF REAL PROPERTY SALE OF PERSONAL PROPERTY covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at
For deeds, conveyances, encumbrances, sale is also enforceable. (Civil Code, Art. [ADDRESS] covered by Tax Declaration No. [XXX] for a period of TWELVE (12) MONTHS from
discharges, powers of attorney and other voluntary 1403 (2)(d)) signing of this contract.
instruments involving real property to be
registrable with the Register of Deeds, the 2. The LESSEE covenants, as follows:
Property Registration Decree requires the 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the
following: residence of LESSOR;
1. The transaction must be contained in a 2.2. To keep the premises in good and habitable condition, making the necessary repairs inside and
public instrument outside the house;
2. The instrument must be signed by the 2.3. Not to make major alterations and improvements without the written consent of the LESSOR
person/s executing the same in the and in the event of such unauthorized major alterations and improvements, surrendering
presence of at least two witnesses, who ownership over such improvements and alterations to the LESSOR upon expiration of this
shall likewise sign it lease;
3. The instrument must be acknowledged to
be the free act and deed of the person/s IN WITNESS WHEREOF, the parties have signed this contract on the __th day of [MONTH] [YEAR] in
executing the same before a notary public [PLACE OF SIGNING].
or other authorized public officer
4. Where the instrument consists of two or (sgd.) (sgd.)
more pages, including the page whereon GANDARA PARK CHAROT SANTOS
acknowledgment is written, each page of Lessor Lessee
the copy which is to be registered, except
the page where the signatures already With my consent:
appear at the foot of the instrument, shall be (sgd.)
signed on the left margin by the person/s CARDIO DALISAY
executing the instrument and their SIGNED IN THE PRESENCE OF:
witnesses, and all the pages sealed with the
notarial seal, and this fact as well as the WITNESS 1 WITNESS 2
number of pages shall be stated in the
acknowledgment. [INSERT ACKNOWLEDGMENT]
5. Where the instrument acknowledged relates
to a sale, transfer, mortgage or
encumbrance of two or more parcels of C. AFFIDAVITS
land, the number thereof shall likewise be Q: What are the parts of an AFFIDAVIT? (2) For Judicial affidavits
set forth in said acknowledgment. (P.D. A: General Rule: Every pleading stating a party’s
1529, Sec. 112) claims or defenses shall, in addition to those
(1) For all kinds of affidavit: mandated by Section 2, Rule 7, state the
B. CONTRACT OF LEASE (PaTi-VenO-ReSiJu) (+ Notarial Certificate) following:
Form: Contract of Lease 1. Party/ies a. Names of witnesses who will be
REPUBLIC OF THE PHILIPPINES ) 2. Title presented to prove a party’s claim or
CITY OF MAKATI ) S.S. 3. Venue defense;
4. Oath b. Summary of the witnesses’ intended
CONTRACT OF LEASE 5. Recitals (which must be based on testimonies, provided that the judicial
personal knowledge) affidavits of said witnesses shall be
KNOW ALL MEN BY THESE PRESENTS: 6. Signature attached to the pleading and form an
7. Jurat integral part thereof. Only witnesses
This Agreement is made and entered into at the City of Makati, this th day of [MONTH], [YEAR], by whose judicial affidavits are attached to
and between: the pleading shall be presented by the
parties during trial.
GANDARA PARK, of legal age, married to CARDIO DALISAY (LESSOR), and resident of Makati City,
and Rule: Except if a party presents meritorious
CHAROT SANTOS, of legal age, single and resident of Quezon City (LESSEE) reasons as basis for the admission of additional
witnesses, no other witness or affidavit shall be
WITNESSETH that: heard or admitted by the court (Rules of Court,
Rule 7, Sec. 6).
1. In consideration of a monthly rental of [AMOUNT IN WORDS] PESOS (PhP XXX.00) and the
The following testimony of affiant, Ms. Mavie Taehyung is being offered to identify the Contract
Form: Basic Template for All Affidavits of Sale entered into between Ms. Mavie Taehyung and Ms. Kalinda Sharma; and other matters in relation
REPUBLIC OF THE PHILIPPINES ) thereto.
CITY OF ) S.S.
TESTIMONY PROPER
AFFIDAVIT
1. Q: Please state your name and personal circumstances.
I, ARIANA VENTI of legal age with address at [address], after being sworn in accordance with law, do
hereby depose and state that: A: I am Mavie Taehyung, Filipino, single, 23 years of age and with residence at 888 Katipunan
Avenue, Quezon City.
[INSERT RECITAL OF FACTS ATTESTED TO OR AFFIRMED IN THE AFFIDAVIT. NOTE THAT
THESE “FACTS” SHOULD BE BASED ON THE AFFIANT’S PERSONAL KNOWLEDGE.] 2. Q: What is your present occupation?
[xxx] A: I am an associate at Stern, Lockhart and Gardner.
[xxx] 3. Q: How did you meet Ms. Kalinda Sharma?
I have nothing further to say at this time. A: We went to law school together.
IN WITNESS WHEREOF, I have affixed my signature on this [date] in the [place]. 4. Q: What took place between you and Ms. Kalinda Sharma?
(sgd.) A: We entered into a Contract of Sale on June 19, 2020 over 18 units of iPhone Xs.
ARIANA VENTI
Affiant 5. Q: What was the consideration?
[INSERT JURAT] A: I was to pay P20,000 for each unit.
6. Q: I am showing you a document consisting of one page which has been marked as Exhibit “A”.
Form: Judicial Affidavit
REPUBLIC OF THE PHILIPPINES How is this document related to the Contract of Sale dated June 19, 2020 you mentioned?
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION A: They are the same.
BRANCH #, [Venue]
(Manifestation: Your Honor, the witness submitted and identified the Contract of Sale dated June 19,
Mavie Taehyung, 2020. Let the same be marked as Exhibit “A”)
Plaintiff,
- versus – Civil Case No. 16-228 7. Q: When were these iPhone units to be delivered?
For: Damages
Kalinda Sharma, A: These were to be delivered after Ms. Kalinda Sharma encashes my cheque.
Defendant.
x x 8. Q: What happened after the encashment of the cheque?
JUDICIAL AFFIDAVIT A: Ms. Kalinda Sharma delivered 18 units of iPhone Xs to me, but they were not in working
OF MAVIE PERIPERI condition.
I, Mavie Taehyung, Filipino, of legal age, single, residing at 888 Katipunan Avenue, Quezon 9. Q: What did you do upon realizing these iPhone X units were not working?
City, after having been duly sworn to in accordance with law, and consciously knowing that I am under
oath, and with understanding that I may face criminal liability for false testimony or perjury, I hereby A: I demanded that these units be replaced.
answer the following questions from Atty. Jin Demaisip with office address at 123 Fairview, Quezon City,
who conducted this examination in her office. 10. Q: After demanding for replacement, what did Ms. Kalinda Sharma do?
OFFER OF TESTIMONY A: She refused to replace them.
11. Q: After her refusal to replace them, what did you do?
A: I asked that my money be returned instead. Form: Notarial Certificate

Signature of Notary Public]
12. Q: After asking for the return of your money, what did Ms. Kalinda Sharma do?
CORONA V. IRUS
A: She refused to return my money.
Notary Public for Makati City
13. Q: What happened after Ms. Kalinda Sharma’s refusal to return your money?
Appointment No. 234 until Dec. 31, 2019
A: I filed this civil case for damages. 874 Swallow St., Makati City
Roll No. 12345
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of November, 2020 at Makati City. IBP No. 225; issued Jan. 2, 2017; IBP Makati Chapter
PTR No. 24; issued Jan. 3, 2017; Makati City
Mavie Taehyung
Affiant Differences between a Jurat and an Acknowledgement.
JURAT ACKNOWLEDGEMENT
[INSERT JURAT + NOTARIAL CERTIFICATE] “Jurat” refers to an act in which an individual on a "Acknowledgment" refers to an act in which an
single occasion: individual on a single occasion:
REPUBLIC OF THE PHILIPPINES ) 1. appears in person before the notary public 5. appears in person before the notary public
CITY OF MAKATI ) S.S. and presents an instrument or document; and presents an integrally complete
2. is personally known to the notary public or instrument or document;
SWORN ATTESTATION identified by the notary public through 6. is attested to be personally known to the
competent evidence of identity as defined by notary public or identified by the notary public
I, [NAME OF LAWYER], with office address at [INSERT ADDRESS] attest under oath that: these Rules; through competent evidence of identity as
I faithfully recorded the questions asked and the corresponding answers given by the witness, 3. signs the instrument or document in the defined by these Rules; and
MAVIE TAEHYUNG; presence of the notary; and 7. represents to the notary public that the
I faithfully recorded the questions I asked KATY PERIPERI and the corresponding answers she 4. takes an oath or affirmation before the notary signature on the instrument or document was
gave us; and public as to such instrument or document. voluntarily affixed by him for the purposes
Neither I nor any other person present, coached KATY PERIPERI regarding her answers. (Rule II, Section 6 of 2004 Rules on Notarial stated in the instrument or document,
Practice) declares that he has executed the instrument
or document as his free and voluntary act and
[NAME OF LAWYER] deed, and, if he acts in a particular
———————————- representative capacity, that he has the
Affiant authority to sign in that capacity. (Rule II, Sec.
1 of 2004 Rules on Notarial Practice)
[INSERT JURAT + NOTARIAL CERTIFICATE]
Form: Jurat
Q: What are the parts of a Notarial Certificate? REPUBLIC OF THE PHILIPPINES )
A: Parts of a Notarial Certificate. (PINo-DARNA or PIANo-NARD) CITY OF MAKATI ) S.S.
1. Name
2. Notary Public for Venue JURAT
3. Appointment No.
4. Date of expiry Subscribed and sworn to before me, a Notary Public in and for Makati City, affiant exhibiting to me her
5. Address/Regular Place of Work or Business Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me through
6. Roll No. competent evidence of identity to be the same person who presented the foregoing instrument, signed
7. IBP No. the instrument in my presence, and who took an oath before me as to such instrument.
8. PTR No.
Witness my hand and seal this 14th day of December 2020.
Notarial acts executed by a notary public always feature the above notarial certificate. (Rule II, Sec. 8 of
2004 Rules on Notarial Practice) [INSERT NOTARIAL CERTIFICATE]
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
[INSERT NOTARIAL CERTIFICATE]

Form: Acknowledgment
REPUBLIC OF THE PHILIPPINES Doc. No. ;
CITY OF MAKATI ) S.S. Page No. ;
Book No. ;
ACKNOWLEDGMENT Series of 2019.
Before me, a Notary Public in and for Makati City, personally appeared John Doe, with CTC No. 213, Q: Is Notarization via videoconferencing allowed?
issued by the City of Makati on January 10, 2020, exhibiting to me his Passport issued at DFA Manila A: Yes, under the 2020 Interim Rules on Remote Notarization. In the said rules, notarization of documents
and expiring on November 20, 2020, who was identified by me through competent evidence of identity through videoconferencing in areas under community quarantine is allowed. The said Interim Rules shall
to be the same person who presented the foregoing instrument, and who acknowledged to me that his apply if one, or both the notary public and the person seeking notarial service (“principal”) are residing,
signature on the instrument was voluntarily affixed by him for the purposes stated therein, and affirmed holding office, or located in an area under community quarantine (whether enhanced, modified enhanced,
that such instrument is his free and voluntary act and deed. general, or modified general community quarantine).
This instrument consists of _ pages, including the page whereon this acknowledgment is written, and HOWEVER, the application of the Interim Rules shall be limited to the notarization of paper documents and
has been signed by the parties and their instrumental witnesses on each and every page thereof. instruments with handwritten signatures or marks through the use of videoconferencing facilities and shall
Witness my hand and seal this 13th day of December 2020. not apply to the execution of notarial wills. (2020 Interim Rules on Remote Notarization)
[INSERT NOTARIAL CERTIFICATE]

2. PARTS OF PLEADINGS, MOTIONS 5. Attorney’s details (i.e. name, address, contact
Doc. No. ; information, Roll No., IBP Receipt No., PTR
Page No. ; A. Relevant parts of a pleading. No., and MCLE Compliance or Exemption
Book No. ; Certificate No.)
Series of 2019. Under Rules of Court, Rule 7, Sections 1-5: 6. Plus which, depending on the pleading or
1. Caption motion involved, may include one or more of
Form: Oath or Affirmation The caption sets forth: the following:
REPUBLIC OF THE PHILIPPINES o the name of the court, a. A Verification and/or Certification of
CITY OF MAKATI ) S.S. o the title of the action, and Non-Forum Shopping;
o the docket number if assigned. b. Notice of Hearing (for litigous motions,
OATH 2. Body in the discretion of the court)
The body of the pleading sets forth: c. Proof of Service
Sworn to before me this 27th day of June, 2020, in Makati City, Philippines, Corona V. Irus exhibiting to o its designation, i. Copy/ies Furnished
me his Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me o the allegations of the party's ii. Affidavit of Service/Filing –
through competent evidence of identity to be the same person who presented the foregoing instrument claims or defenses, required only when a
and avowed, under penalty of law, to the whole truth of its contents. o the relief prayed for, and pleading/motion is served
o the date of the pleading. and/or filed other than by
Witness my hand and seal this 14th day of December 2020. 3. Signature and address personal service or filing
4. Verification (Rule 13, Secs. 12 and 13)
[INSERT NOTARIAL CERTIFICATE] 5. Certification against forum shopping
D. Basic requirements for a motion.
Doc. No. ; B. Contents of a motion. A motion must:
Page No. ; A motion shall state the relief sought to be 1. Be in writing, except those made in open
Book No. ; obtained and the grounds upon which it is based, court or in the course of a hearing or trial.
Series of 2019. and if required by these Rules or necessary to 2. State the relief sought and the grounds
prove facts alleged therein, shall be accompanied for it.
Form: Copy Certification by supporting affidavits and other papers. (Rules 3. (For Litigious motions) Served in such a
REPUBLIC OF THE PHILIPPINES of Court, Rule 15, Sec. 3) manner as to ensure receipt by the other
CITY OF MAKATI ) S.S. party. There must be proof of service.
C. Parts of motions and pleadings: (Rules of Court, Rule 15, Secs. 2 to 6)
COPY CERTIFICATION CapTiBRA-Plus(FoHeaSe):
1. Caption
This is to certify that I was presented with an instrument entitled “Deed of Sale” which is neither a vital 2. Title
record, a public record, nor publicly recordable; that I copied the instrument; and that I compared the 3. Body
copied instrument with the original copy and I hereby certify that the copy is accurate and complete. 4. Relief
Court of Appeals [BY HAND]

Form: Motion for Extension of Time Former Special Seventeenth Division
REPUBLIC OF THE PHILIPPINES Ma. Orosa St., Ermita
SUPREME COURT 1000 Manila City
MANILA
Atty. Mike Ross [BY HAND]
JOLLY B. SANTOS, Counsel for Plaintiff
Plaintiff, 123 New York, Cubao
- versus – G.R. No. 222222 Quezon City
(CA-G.R. No. 87000; Civil
Case No. 18-143) [Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.]
RONALD M. ROSALES,
Defendant. Q: When is a Motion to Dismiss allowed?
x x A Motion to Dismiss is only allowed on the following non-waivable grounds:
That the court has no jurisdiction over the subject matter of the claim;
MOTION FOR EXTENSION OF TIME That there is another action pending between the same parties for the same cause;
Defendant RONALD M. ROSALES (“Defendant”), by his undersigned counsel, respectfully states: That the cause of action is barred by a prior judgment
That the cause of action is barred by the statute of limitations (Rules of Court, Rule 9, Sec. 1)
1. On 5 April 2019, Defendant received a copy of the Court of Appeals’ Resolution dated 27
March 2020 denying Defendant’s Motion for Reconsideration dated 28 November 2019 of the CA’s Form: Motion to Dismiss
Judgment dated 20 September, 2019 in CA-G.R. No. 87000 entitled Jolly B. Santos v. Ronald Rosales, REPUBLIC OF THE PHILIPPINES
which found Defendant liable for damages in the amount of P143,000,000.00. REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
2. Defendant, therefore, has until 20 April 2020 within which to file a Petition for Review on MAKATI CITY
Certiorari of the CA’s Decision. BRANCH 143
3. However, undersigned counsel is presently saddled with heavy volume of equally-urgent work JOLLY B. SANTOS,
and assignments on other similarly important cases. In addition, there are intervening holidays, from April Plaintiff,
18 to 21. - versus – Civil Case No. 18-143
For: Damages
4. Undersigned counsel, therefore, needs additional time to prepare a petition for review on RONALD M. ROSALES,
certiorari. Defendant.
x x
5. Defendant is constrained and respectfully moves that he be granted an additional period of
thirty (30) days from 20 April 2020, or until 20 May 2020, within which to file a petition for review on MOTION TO DISMISS
certiorari.
RONALD ROSALES (“Defendant”), by his undersigned counsel, respectfully moves for the
6. Defendant hereby pays all the required docket and other fees. dismissal of this case on the following grounds:
7. This motion is not intended for delay but is solely caused by the foregoing considerations. I. [Insert Ground/s] The cause of action is barred by prior judgment.
PRAYER Discussion
WHEREFORE, it is respectfully prayed that Defendant be given an additional period of thirty (30) days
from 20 April 2020, or until 20 May 2020, within which to file a petition for review on certiorari. I. [Insert Arguments]
Other just and equitable reliefs are likewise prayed for. PRAYER
[Venue], [Date],
[NAME of COUNSEL] WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court DISMISS
Attorney for Defendant the Complaint in its entirety.
[OFFICE ADDRESS]
Roll No. XXXX Other just and equitable reliefs are likewise prayed for.
PTR No. XXXX/ [Place]/ [Date]
[Venue], [Date],
Copies furnished:
[NAME of COUNSEL]
Attorney for Defendant 2. Upon verification, however, the records show that Defendant has failed to file his Answer
[OFFICE ADDRESS] within the reglementary period specified by the Rules of Court despite the service of the summons and
Roll No. XXXX the complaint;
PTR No. XXXX/ [Place]/ [Date]
Copies furnished: PRAYER
Atty. ABC [BY HAND] WHEREFORE, it is respectfully prayed that the Defendant, [NAME], be DECLARED IN
Counsel for the Plaintiff DEFAULT pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as
[Insert address] the complaint may warrant.
Branch Clerk of Court [BY HAND] Defendant also respectfully prays for other just and equitable reliefs.
Regional Trial Court of Makati City,
Branch 143 [Venue], [Date],
[NAME of COUNSEL]
EXPLANATION Attorney for Defendant
(Pursuant to Section 17, Rule 13 of the A.M. No. 19-10-20-SC) [OFFICE ADDRESS]
Roll No. XXXX
In compliance with the rule above, counsel respectfully manifests that copies of this Motion to Dismiss PTR No. XXXX/ [Place]/ [Date]
were filed and served upon the foregoing parties by private courier in lieu of personal service, due to Notice of Hearing and
[insert reason/s such as: temporary lack of manpower, distance, traffic, and lack of material time due to Copies furnished:
COVID-19 pandemic].
Atty. XYZ [BY HAND]
[Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.] Counsel for the Defendant
[Note: Disregard the “Explanation” if personally served] [Insert address]
Q: What is a Motion to Declare [a party] in Default Branch Clerk of Court [BY HAND]
A: If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the Regional Trial Court of Makati City,
claiming party with notice to the defending party, and proof of such failure, declare the defending party in Branch 143
default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his EXPLANATION
pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such (Pursuant to Section 17, Rule 13 of the A.M. No. 19-10-20-SC)
reception of evidence may be delegated to the clerk of court. (Rules of Court, Rule 9, Sec. 3)
In compliance with the rule above, counsel respectfully manifests that copies of this Motion to
Form: Motion to Declare in Default Dismiss were filed and served upon the foregoing parties by private courier in lieu of personal service,
REPUBLIC OF THE PHILIPPINES due to [insert reason/s such as: temporary lack of manpower, distance, traffic, and lack of material time
REGIONAL TRIAL COURT due to COVID-19 pandemic].
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY [Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.]
BRANCH 143 [Note: Disregard the “Explanation” if personally served]
Jolly B. Santos, Q: What are the differences between litigious and non-litigious motions?
Plaintiff, A: Under Rules of Court, Rule 15, Sec. 4 & 5:
- versus – Civil Case No. 18-143 LITIGIOUS MOTIONS NON-LITIGIOUS MOTIONS
For: Damages Non litigious motions are those that the court may As for litigious motions as provided under the new
Ronald M. Rosales, act on without prejudicing the rights of the adverse Section 5, there must be service on the other party
Defendant. party, and in which case, the motion shall not be of the motion by any of the modes of service
x x set for hearing and shall just be resolved by the recognized under the rules. Note that electronic
court within 5 calendar days from receipt thereof. means of service requires the consent of the other
MOTION TO DECLARE DEFENDANT IN DEFAULT party or upon direction of the court. (Rule 13,
Section 9). There must also be proof of notice of
Jolly B. Santos ("Plaintiff“), by counsel and unto this Honorable Court, respectfully moves for the written motion on the other party. Without that
Ronald M. Rosales (“Defendant”) to be declared in default. Plaintiff respectfully states: proof of service, the court will not act on such
motion.
The records of the Honorable Court show that Defendant was served with copy of the Motion for Bill of Particulars Motion for Issuance of an Alias Summons
summons and of the complaint on 20 March 2020. Motion to Dismiss Motion for Extension to File Answer
Motion for New Trial Motion for Postponement
LITIGIOUS MOTIONS NON-LITIGIOUS MOTIONS 3. I have read it and the allegations therein are true and correct based on my personal knowledge
Motion for Reconsideration Motion for the Issuance of an Alias Writ of or based on authentic records;
Execution 4. The pleading is not filed to harass, cause unnecessary delay, or increase the cost of litigation;
Motion for Execution Pending Appeal Motion for the Issuance of a Writ of Possession 5. The factual allegations therein have evidentiary support or, if specifically so identified, will
Motion to Amend after a Responsive Pleading has Motion for the Issuance of an Order Directing the likewise have evidentiary support after a reasonable opportunity for discovery.
been Filed Sheriff to Execute the Final Certificate of Sale
Motion to Cancel Statutory Lien Other Similar Motions IN WITNESS WHEREOF, I have signed this verification on th [MONTH] [YEAR].
Motion for an Order to Break in for a Writ of
Demolition (sgd.)
Motion for Intervention JINIT JACKSON
Motion for Judgment on the Pleadings Affiiant
Demurrer to Evidence
Motion to Declare Defendant in Default [INSERT JURAT]
Other Similar Motions
Form: Verification (Specific Denial Under Oath of An Actionable Document) (Rule 8, Sec. 8)
VERIFICATION
Verification and Certificate of Non-Forum Shopping
I, ELVIS SUPRESLY, of legal age, with residence at [ADDRESS], do hereby depose and state that:
Rules for verification
● General Rule: Pleadings need not be verified. (Rules of Court, Rule 7, Sec. 4) 1. I am the defendant in the case filed by JINIT JACKSON for ejectment;
● Exception: When explicitly required by law or the Rules of Court. (Rules of Court, Rule 7, Sec. 4) 2. In response, I have caused the preparation of this Answer with Counterclaim;
3. I have read its contents and affirm that they are true and correct to the best of my own personal
Q: What are the differences between a verification and a certification against non-forum shopping? knowledge and authentic documents in our possession;
A: 4. I certify that the pleading is not filed to harass, cause unnecessary delay, or needlessly increase
VERIFICATION CERTIFICATION AGAINST FORUM SHOPPING the cost of litigation;
5. I certify that the factual allegations therein have evidentiary support or, if specifically so identified,
If signed by the wrong party, this is a formal defect If signed by the wrong party, this is a substantive will likewise have evidentiary support after a reasonable opportunity for discovery; and
defect 6. I specifically deny the genuineness and due execution as well as the binding effect of the
actionable documents pleaded by plaintiff;
Does not necessarily render the pleading fatally General Rule: Not curable despite subsequent
defective. submission or correction thereof
IN WITNESS WHEREOF, I have signed this verification on th [MONTH] [YEAR].
The court may order its submission or correction or Exception: When there is a need to relax the Rule
(Sgd.)
act on the pleading if the attending circumstances on the ground of "substantial compliance" or
ELVIS SURPRESLY
are such that strict compliance with the Rule may presence of "special circumstances or compelling
Affiant
be dispensed with in order that the ends of justice reasons
may be served thereby.
[INSERT JURAT]
Executed by the party-pleader General Rule: Must be executed by the party-
pleader, not by his counsel. Form: Certification Against Forum Shopping
CERTIFICATION AGAINST FORUM SHOPPING
Exception: If there are reasonable or justifiable
reasons, & the party-pleader is unable to sign, he I, GARY VEE, of legal age, and resident of [ADDRESS], after having been duly sworn in accordance
must execute a Special Power of Attorney with law, do hereby depose and state that: I am the plaintiff in the case entitled VEE v. VENDETTA;
designating his counsel of record to sign on his
behalf. 1. I hereby certify that I have not earlier commenced any action or filed any claim involving the
same issues before any other court, tribunal or quasi-judicial agency;
(Vda. de Formosa v. Philippine National Bank, G.R. No. 154704, 2011 & Fuji Television Network v. Espiritu, 2. To the best of my knowledge, there is no such pending action or claim;
G.R. No. 204944-45, 2014) 3. If I should learn that a similar action or claim has been filed or is pending before any other court,
tribunal, or quasi-judicial agency, I shall report such fact to this Honorable Court within five (5)
Form: Verification (In General) days from the discovery.
VERIFICATION
IN WITNESS WHEREOF, I have signed this certification on th [MONTH] [YEAR].
I, JINIT JACKSON, of legal age, with residence at [ADDRESS], after having been duly sworn in
accordance with law, do hereby depose and state that: (Sgd.)
1. I am the Plaintiff in the pleading entitled “Petition for Relief from Judgment”; GARY VEE
2. I have cause its preparation;
ATENEO CENTRAL
BAR OPERATIONS 2021
CO-PRESENTED BY:
Affiant
[INSERT JURAT]
Form: Verification and Certification Against Forum Shopping of a Corporation

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, RUFFA GO, of legal age, do hereby state that:
1. I am the President of GO GO GO! Corporation and in such capacity, caused this Complaint to
be prepared; Buildinq a better
2. I was authorized by the Board of Directors of GO GO GO! Corporation to file this suit, as
workinq world
evidenced by the attached board resolution;
3. I have read it and the allegations therein are true and correct based on my personal knowledge
AW
or based on authentic documents;
4. I certify that it is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation;
5. I certify that the factual allegations therein have evidentiary support or, if specifically so identified,
will likewise have evidentiary support after a reasonable opportunity for discovery; and MA3OR SPONSOR:
6. I hereby certify that I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his [or her]
knowledge, no such other action or claim is pending therein and if there is such other pending
action or claim, I shall submit complete statement of the present status thereof, and finally, if I
should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) calendar days therefrom to the court.
SALAZAR
IN WITNESS WHEREOF, I have signed this instrument on 19 July 2020. GATMAITAN
(Sgd.)
RUFFA GO
Affiant
[INSERT JURAT]
MI NOR SPONSORS:
————- end of topic ————
GATMAYTAN
YAP
PATACSIL
GUTIERREZ &
L A W
PROTACIO R.G. Manabat & Co.
ACCRALAW”
LAW FIRM

BLUE NOTES RemEthics Compressed

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ATENEO CENTRAL

ATENEO LAW SCHOOL

DEAN JOSE MARIA G. HOFILEÑA

DEAN MA. NGINA TERESA V. CHAN-GONZAGA

ATENEO CENTRAL BAR OPERATIONS 2021

GRACE ANN Q. BAJO

MELISSA GABRIELLE P. REMULLA MA. CRISTINA S. ASUNCION

PRE-WEEK CORE TEAM

JOANNE MARIE R. VALLES

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

TECH NICAL FINANCE

Ad maiorem Dei gloriam.

B. COMMERCIAL LAW ......................................................................................................... 74

D. PROCEDURE AND PROFESSIONAL ETHICS ..................................................... 106

C. PRACTICAL EXERCISES ................................................................................................246

The Law Pertaining to Private Personal and Commercial Relations vi

used is awarded to another co-owner;

Q: What are the islands belonging to the State?

contract is called commodatum; or

B. COMMERCIAL LAW 1. CORPORATIONS corporations, to the extent of at least a majority of

3. INTELLECTUAL PROPERTY and other materials which are original TYPE OF

data subject, or when the data subject is

Limitation of rights of data subject: depending on

————- end of topic ———

D. PROCEDURE AND PROFESSIONAL ETHICS A. REMEDIAL LAW 1. CIVIL PROCEDURE

I. MOTION TO QUASH MOTION TO QUASH DEMURRER TO GROUNDS EFFECT

B. JUDICIAL NOTICE AND JUDICIAL proceedings in other cases that are A:

WHEN OFFERED WHEN IT MAY BE

HABEAS CORPUS AMPARO HABEAS DATA

Engaged in the gathering, collecting, or storing

Issued by the Regional Trial Court:

circumstances detailed in supporting person in charge, in possession, or in

PROHIBITED • Motion to dismiss • Motion to dismiss

AVAILABLE • Temporary protection order

Writ of Habeas corpus 48 hours from service of judgment

Writ of Amparo 5 working days from notice of judgment

Writ of Habeas Data 5 working days from notice of judgment

Page 231 of 269 Page 232 of 269

Page 233 of 269 Page 234 of 269

Page 235 of 269 Page 236 of 269

Page 237 of 269 Page 238 of 269

Page 239 of 269 Page 240 of 269

Page 241 of 269 Page 242 of 269

(c) The judge, or a member of his or her

Page 243 of 269 Page 244 of 269

7. Any Improper conduct tending, directly or C. PRACTICAL EXERCISES 1. PARTS OF CONVEYANCING,

B. BUYER intends to buy the Motor Vehicle.

NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:

Form: Deed of Sale of Registered Real Property

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

[xxx] A: I am an associate at Stern, Lockhart and Gardner.

[xxx] 3. Q: How did you meet Ms. Kalinda Sharma?

[INSERT JURAT] A: I was to pay P20,000 for each unit.

OFFER OF TESTIMONY A: She refused to replace them.

A: I asked that my money be returned instead. Form: Notarial Certificate

[INSERT NOTARIAL CERTIFICATE]

[INSERT NOTARIAL CERTIFICATE]

Court of Appeals [BY HAND]

Form: Verification and Certification Against Forum Shopping of a Corporation

I, RUFFA GO, of legal age, do hereby state that:

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