REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A.

CARO | G02 DLSU LAW 2018-2019 | BIL

CIVPRO AND SCA

of a right, or punishable by
SUBSTANTIVE LAW PROCEDURAL LAW the prevention law
Creates, defines, and Prescribes the rules and or redress of a
regulates rights forms of procedure in the wrong
administration of justice Rules 1-71 Rules 110-127 Rules 72-109
Cannot be waived Can be waived or subject to Rules on CivPro Rules on CivPro are
agreement of the parties are only only suppletorily
Enacted by Congress Promulgated by the SC suppletorily applied
pursuant to its rule-making applied
power Based on a Based on Based on a particular
May be given retroactive Shall be given retroactive COA acts/omissions fact, status or a right
application application in violation of sought to be
penal laws established
Adversarial Adversarial and GR: non-adversarial
COURT JUDGE since it prosecutorial EXP: when there is an
Tribunal clothed with the A public officer who involves two oppositor/respondent
power and authority to exercises the power of the contending e.g. settlement of
entertain and resolve legal court in the dispensation of parties estate
disputes between the justice Plaintiff and State and the Petitioner, except
parties to carry out the defendant accused. when opposed, the
dispensation of justice in Offended party oppositor/respondent
accordance with law In a SCA: becomes
Has more of a permanent Merely temporary Petitioner and private
status/existence respondent complainant/
Established by law or the Appointed by the President prosecution
Constitution upon recommendation by witness
the JBC
In preliminary
investigation:
Complainant
ACTION COA ROA and respondent
Suit filed in court The Remedial right or Filing of §1 R110 Initiated by petition
for the protection delict/wrongful right to relief complaint + DF filed before the court
and enforcement act or omission granted by law to
of a right and the committed by the a party to Filing of
prevention and defendant in institute an verified
redress of a violation of the action against a Statement of
wrong primary rights of person who has Claims
the plaintiff committed a
delict/wrong
against him. As to its subject: determination of venue
Real action Personal action Mixed action
In civil actions, a one affecting title One which is not One in which the
right of action is to or possession founded upon plaintiff joins 2 or
the necessary of real property, the privity of real more COAs based
consequence of a or interest rights or real on the same
cause of action. therein property act/occurrence,
one of which is a
real action
CIVIL ACTION CRIMINAL SPECIAL PROCEEDING Local action Transitory action
ACTION One which is One the venue of
One by which a One by which A remedy by which a required by the which is
party sues the State party seeks to rules to be dependent
another for the prosecutes a establish a status, a instituted in a generally upon
enforcement person for an right, or a particular particular place in the residence of
or protection act or omission fact the absence of the parties
any agreement to regardless of
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the contrary where the COA VENUE IN CIVIL CASES VENUE IN CRIMINAL CASES
arose Merely procedural and for Jurisdictional
As to its purpose: service of summons, and acquisition of the purpose of convenience
jurisdiction of the parties
Action in rem Action in Action quasi in Conferred by R4 and may Conferred by the provision
One which is not personam rem be agreed upon by the in the penal statute
directed only One which is One which is parties
against a directed against directed against Improper venue can be the Improper venue is a ground
particular person, particular particular subject of a MTD on the for MTQ the
but against the persons on the persons but the ground that venue is complaint/information
thing itself and basis of their purpose of which improperly laid based on lack of JD over the
the object of personal liability is to bar and bind offense charged
which is to bar to establish a not only said In case of denial of MTD: In case of denial of MTQ:
indifferently all claim against persons but any remedy is to (1) file an Proceed with arraignment
who might be them. Judgment other person who Answer within the balance
minded to make is binding only claims any of the period to file a
an objection upon the parties interest in the responsive pleading but in
against the right impleaded and property or right no case less than 5d + raise
sought to be their successors- subject of the suit the ground as an
enforced. The in-interest affirmative defense; (2)
judgment is proceed with trial; (3) in
binding case of adverse decision:
theoretically appeal the same and assign
upon the whole as error the denial of the
world/ MTD; (4) R65 certiorari in
case of GADALEJ
Waivable for failure to Not waivable as it is
RIGHT TO SPEEDY RIGHT TO SPEEDY TRIAL object either in a MTD/ jurisdictional
DISPOSITION OF CASES Answer
Constitutional right Statutory right
Applicable in all cases Applicable in criminal cases
Covers commencement of Covers only the period of INITIATORY PLEADING RESPONSIVE PLEADING
the case up to its final presentation of evidence or Commences an action Responds to the adverse
determination trial containing plaintiff’s COA party’s pleading
Required to be verified GR: Not required to be
verified
JURISDICTION VENUE EXP: the rules or law
Authority of the court to Place where the case is to otherwise requires
hear and determine a case be heard or tried
Matter of substantive law Matter of procedural law Should contain a CNFS GR: Need not contain a
Establishes a relation Establishes the relation CNFS
between the court and the between plaintiff/ EXP: when accompanied by
subject matter of the action defendant or petitioner/ a counterclaim or cross-
respondent claim
Fixed by law and cannot be Fixed by the ROC may be Payment of docket fees is Payment of docket fees is
conferred by the parties’ conferred by the act or required not required
agreement parties’ agreement
Cannot be waived May be waived for failure to
object either in a CLASS SUIT DERIVATIVE SUIT CITIZEN SUIT
MTD/answer It is filed A suit in equity An action filed by
There can be MP dismissal GR: there is no MP dismissal regarding a filed by a any Filipino
based on lack of JD over the EXP: §4, RSP and §11 RSC controversy of minority citizen in
subject matter (§1 R9) common or shareholder in representation of
general interest behalf of a others, including
in behalf of many corporation to minors or
persons so redress wrongs generations yet
numerous that it committed unborn, to
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is impracticable against it, for enforce rights corresponding payment of

to join all as which the and obligations DF; or when the original
parties, a number directors refuse under summons has not been
which the court to sue, the real- environmental served or was lost without
finds sufficiently party-in-interest laws fault of the plaintiff
representative being the
who may sue or corporation itself
defend for the AMENDED PLEADING SUPPLEMENTAL PLEADING
benefit of all May either be as a matter of Always with leave of court
Filed by a Filed by a Filed by any right or with leave of court
sufficient number minority Filipino citizen Alleges facts that occurred Alleges facts occurring after
of parties for the stockholder for before the filing of the the filing of the original
benefit of all and in behalf of original pleading pleading
the corporation Supersedes the original Does not supersede the
pleading it amends original pleading but assumes
it to stand
NONCOMPLIANCE WITH NONCOMPLIANCE WITH Doesn’t retroact to date of Retroacts to date of
VERIFICATION CNFS commencement; SOL runs commencement; not barred
Does not necessarily render Generally not curable by until submission of by SOL
the pleading defective; subsequent amendment amendment  does not apply to a party
court may order its unless there is a need to impleaded for the first time
correction to serve the ends relax the Rules of
of substantial justice substantial compliance
Deemed substantially Must be signed by all the BILL OF PARTICULARS CIVIL BILL OF PARTICULARS
complied with when signed plaintiffs or petitioners in a CASE R12 CRIMINAL CASE R116
by one who has ample case, otherwise those who Must be filed before the Must be filed before
knowledge to swear to the did not sign will be dropped filing of a responsive arraignment
truth or are true and as parties to the case. pleading; or in case of a
correct reply, within 10 days from
GR: Must be executed by receipt thereof
the party-pleader, not by Directed against pleadings Directed against a criminal
counsel complaint/ information
In case of denial of motion: In case of denial of motion:
EXP: party is unable to sign moving party may file his RP accused may proceed with
for justifiable reasons + within the period he was arraignment and enter his
counsel has SPA entitled to, but in no case plea; or R65 if tainted with
less than 5 days; or R65 if GADALEJ
tainted with GADALEJ
SUMMONS SUBPOENA
A writ issued by the COC by Writ issued by the judge by
which the court acquires which a person is ordered LIS PENDENS LITIS PENDENTIA
jurisdiction over the person to appear and testify before Available as a remedy in case Literally means a pending
of the defendant and is the court or in an a real property is the subject suit. It’s a ground for MTD,
notified of the action investigation or to bring of an action affecting the title referring to a situation where
brought against him documents or books to the or the right of possession of 2 actions are pending
court real property, wherein the between the same parties for
Original summons Subpoena duces tecum plaintiff and defendant when the same COA, so that one of
Alias summons Subpoena ad testificandum affirmative relief is claimed in them becomes unnecessary
In case of defective In case of defective his answer, may record a and vexatious
summons: subpoena: notice of the pendency of the
1. File MTD for lack of JD File a motion to quash the action in the registry of
over the person of the subpoena deeds of the province in
defending party; or which the property is
2. Ask for an alias situated
summons Purposes (1) keep the Purpose is for the dismissal
Issued upon receipt of the Issued by the judge during property subject of the of the action to avoid
complaint and the trial
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litigation within the
jurisdiction and power of the
court until the entry of the
final judgment in order to
prevent the defeat of the
final judgment by successive
alienations; (2) to bind a
purchaser, bona fide, or
otherwise, to the judgment
of the court
Made through notice filed
with the RD where the
property is located
In case of denial: appeal en
consulta within 5 days to the
LRA (§117, PD 1529)
Can be filed after the filing of
the action in court, but
before finality of judgment
dismissal: with/without
LITIS PENDENTIA
Both cases have identical
parties, subject matter and
COA which are still pending
MTD can be filed in either of
the 2 suits pending
MOTION TO DISMISS
Omnibus and litigated
motion
Has 10 grounds in R16
Filed before the filing of a
responsive pleading
In case of denial: file an
Answer within the balance of
the period in which he was
entitled but in no case less
than 5 days, raise the ground
as an affirmative defense,
proceed to trial, appeal the
decision, unless GADALEJ
(R65)
In case granted: plaintiff’s
remedy is either appeal, if
with PJ or refile the case if
without PJ
Nature of the order of
multiplicity of suits
Availed of by way of MTD
and filed with the court
where the case is pending
In case of denial: file an
Answer within the remaining
period but in no case less
than 5 days
Should be filed before the
filing of a responsive pleading
dismissal is a final order as it
is an adjudication upon the
merits RES JUDICATA
One of the cases has already
been decided with finality on
the merits
The first case which was
decided bars the filing of a
second case and the MTD
can be filed in the
subsequent case
DEMURRER TO EVIDENCE
Litigated motion
Ground is the insufficiency of
the plaintiff’s evidence upon
the facts and law, that he has
shown no right of relief
Filed after the plaintiff rests
his case
In case of denial: proceed
with trial and in case of
adverse decision, appeal the
same
In case granted: plaintiff’s
remedy is to appeal
Nature of the order of
INTERVENTION
Ancillary action
Proper in any of the 4
situations in R19
The defendants are already
original parties to the
pending suit
Can be filed where the
original action is pending
In case of denial:
1. appeal the denial,
being a final order;
or
2. file a separate
action
COMPULSORY
COUNTERCLAIM
Recoupment
Arises out of or is
connected with the
transaction/occurrence
constituting the subject
matter of the adverse
party’s claim which does
not require the presence of
third parties over whom the
court cannot acquire
jurisdiction
Barred if not set up in the
answer
GR: Plaintiff need not
answer a compulsory
counterclaim
EXP: in RSP
If plaintiff does not answer,
he cannot be declared in
default
Does not require a CNFS
Payment of docket fees is
suspended
INTERPLEADER
Original action
Presupposes that the plaintiff
has no interest in the subject
matter of the action or has
an interest therein which in
whole or in part, is not
disputed by the other parties
to the action
The defendants are being
sued precisely to implead
them
Filed at the first instance with
the RTC/MTC depending on
the nature of the property
and its value
In case of denial:
Appeal the judgment
PERMISSIVE
COUNTERCLAIM
Set off
Does not arise out of and is
not connected with the
transaction/occurrence
constituting the subject
matter of the adverse
party’s claim which requires
the presence of third
parties for its adjudication
Not barred even if not set
up
Plaintiff must answer, being
an initiatory pleading
Plaintiff who does not
answer may be declared in
default
Requires a CNFS
Requires payment of docket
fees
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CROSS CLAIM
Claim against a co-
defendant in a suit
Arises out of the
transaction/occurrence that
is the subject matter either
of the original action or the
counterclaim
JUDGMENT ON THE
PLEADING
Judgment rendered in favor
of a party to an action, on
motion therefor, where an
answer fails to tender an
issue, or otherwise admits
the material allegations of
the adverse party’s pleading
Proper when there appears
to be no genuine issue
between the parties
Based exclusively upon the
pleadings, without
introduction of evidence
GR: Available in any action
EXP: annulment of
marriage, legal separation
Subject only to the 3-day
notice rule, and where all
the material averments are
admitted, such motion may
even be made ex-parte
PRE-TRIAL IN CIVIL CASES
Set when the plaintiff
moves ex-parte to set the
case for pre-trial, or upon
initiative of the COC
Motion is made after the
last pleading has been
served and filed, or upon
expiration of the period to
file the same
Considers the possibility of
an amicable settlement
COUNTERCLAIM
Claim against the opposing
party
May or may not arise out of
the transaction/occurrence,
as is the case for a
permissive counterclaim
SUMMARY JUDGMENT
Procedural device in order
to avoid long drawn out
litigations and useless
delays. Generally based on
the facts proven summarily
by affidavits, depositions,
pleadings, or admissions of
the parties
Proper even if there is an
issue as to damages
recoverable
Based not only upon
pleadings, but also upon the
affidavits, depositions and
admissions of the parties,
showing that, except as to
the amount of damages,
there is no genuine issue
Proper only in:
1. Recovery of debt
2. Liquidated sum of
money
3. Declaratory relief
Requires prior 10-day
notice
PRE-TRIAL IN CRIM CASES
Ordered by the court; no
motion is required
Order is made after
arraignment and within 30
days from the date the
court acquired jurisdiction
over the person of the
accused
Does not include the
possibility of amicable
settlement of criminal
liability
The agreements and
admissions made during
pre-trial are not required to
be signed by the parties and
their counsels. They are
contained in the record of
pre-trial and the pre-trial
order
Sanctions for non-
appearance in a pre-trial
conference
1. Plaintiff: results to
the dismissal of the
case with prejudice
unless otherwise
ordered by the
court to be
without prejudice;
2. Defendant: results
to the ex-parte
presentation of
plaintiff’s evidence
LETTER COMMISSION
An instrument issued by a
court of justice, or other
competent tribunal to
authorize a person to take
depositions, or to do any
other act by authority of
such court/tribunal
Addressed to a non-judicial
foreign officer who will take
the deposition
Applicable rules are those
of the requesting court
Allowed if the permission of
the foreign country is given
Leave of court is not
necessary
DEPOSITION
Requires notice to the other
party
May be taken in the form of
a question and answer
based on oral examination
All agreements made during
the pre-trial are reduced
into writing and signed by
the accused and counsel,
otherwise they cannot be
used against the accused
Sanctions are imposed upon
the counsel for the accused
or the prosecutor
LETTER ROGATORY
An instrument whereby a
foreign court is informed of
the pendency of a case and
the name of the foreign
witness, and is requested to
cause their depositions ot
be taken in due course of
law for the furtherance of
justice, with an offer on the
part of the court making the
request, to do the same for
the other, in a similar case
Addressed to a judicial
officer of a foreign country
who will direct the taking of
the deposition
Applicable rules are those
of the foreign court
Allowed if the commission
was disallowed by the
foreign country
Leave of court is necessary
AFFIDAVIT
May be taken ex-parte
Need not be in such form
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OR written interrogatories
before authorized persons
May be used as evidence in
a pending case
No officer is required to
WRITTEN INTEROGATORIES
take deposition
Seek to disclose all material Intended to clarify
and relevant facts from a
party
Not directed to a pleading,
but to the material and
relevant facts within the
knowledge of the adverse
party
PRODUCTION AND
INSPECTION OF
DOCUMENTS AND THINGS
Mode of discovery
Directed to a party litigant
Can be availed of by motion
PRODUCTION AND
INSPECTION OF
DOCUMENTS AND THINGS
Mode of discovery
Availed of by motion
Movant has no prior
knowledge of the contents
of the documents to be
produced
Purpose is to obtain full
knowledge and facts from
the adverse party relevant
to the issue in the case
WRITTEN
INTERROGATORIES
RULE 25
Directly served to the
adverse party
May or may not be used in
a proceeding
Required that it will be
taken by a deposition
officer
BILL OF PARTICULARS
ambiguities in a pleading or
to state with sufficient
definiteness the allegations
in the pleading
Directed to the pleadings
with ambiguous allegations
SUBPOENA DUCES TECUM
Writ or process of
compelling production of
evidence
Directed against any
person, including litigants
Means of a request which is
issued ex-parte
EXCEPTION TO THE BEST
EVIDENCE RULE
§3(b) R130
When the original is in the
possession of the adverse
party, it is an exception to
the best evidence rule
Availed of by notice
Movant has knowledge of
the contents of the
documents to be produced
Purpose is to present
secondary evidence for
failure of the adverse party
to produce the original
despite notice
WRITTEN
INTERROGATORIES
RULE 23
The deponent is a third
person not necessarily a
party
TRIAL
Limited only to the
presentation of
evidence/witnesses before
the court
FAILURE TO STATE COA R16
MTD is made with the time
for but before filing Answer
Determined on the basis of
the allegations in the
complaint
Curable by amendment as a
matter of right (§3 R16)
If MTD denied: movant files
an Answer within the
balance of time to which he
is entitled at the time MTD
is filed but not less than 5d
in any case
If MTD granted: dismissal is
without prejudice to refiling
Ground may be invoked in
MTD or as an affirmative
defense in the Answer
DEMURRER IN CIVIL CASE
R33
Court may dismiss the case
on motion of the defendant
Grant of demurrer is an
HEARING
Broader in scope, includes
pre-trial conference,
hearing on motions, and
trial
LACK OF COA R33
Demurrer is filed after
plaintiff rests his case
Predominantly based on
appreciation of evidence
By discretion of the court if
ends of substantial justice
will be served thereby §5
R10
If demurrer denied:
defendant shall have the
right to present evidence
If demurrer granted:
dismissal is with prejudice
because it operates as an
adjudication upon the
merits.
Plaintiff’s remedy: Appeal.
If appeal granted: (order of
dismissal is reversed)
defendant is deemed to
have waived his right to
present evidence
Ground of insufficiency of
evidence may be invoked
in:
1. a motion for demurrer
to evidence,
2. MR or
3. appeal memorandum
DEMURRER IN CRIM CASE
§23 R119
Court may dismiss the case
MP or on defendant’s
motion
Grant of demurrer is
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adjudication on the merits,
subject of an appeal
Leave of court is not
required
2. The evidence is
tantamount to an acquittal,
insufficient to
not subject of an appeal as
justify the
this would place the
decision/FO
accused in double jeopardy
3. Decision/FO is
 R65 certiorari is the
contrary to law
proper remedy
Resolved within 30d from Resolved within 90d from
w/ LOC  defendant may
the time the case is the time is submitted for
adduce evidence in his
submitted for resolution resolution
defense

w/o LOC  accuse waives

his right to present ACTION FOR INJUNCTION PRELIMINARY INJUNCTION
evidence and submits the It is a main action that It is an ancillary remedy
case for judgment on the requires trial and judgment that does not determine
basis of the prosecution’s on the merits the merits of the case, but
evidence requires only initial and
If demurrer denied: If demurrer denied: see incomplete evidence
defendant may present above Seeks a judgment that Mere preventive remedy
evidence embodies a final seeking to prevent
injunction—one which threatened wrong, further
perpetually restrains the injury, and irreparable harm
SPECIAL JUDGMENT
JUDGMENT FOR SPECIFIC party/person enjoined from until the rights of the
ACTS the commission or parties are settled
One which requires the
One which directs a party to continuance of an act, or in
performance of any act,
execute conveyance of case of mandatory
other than the payment of
land, or to deliver injunctive writ, one which
money or sale/delivery of
deeds/other documents or confirms the preliminary
real/personal property
to perform any other mandatory injunction
specific acts in connection Granted after trial on the Granted when it appears
therewith merits when the court is that there is substantial
Party must personally do becauseActs
his may
personal
be performed
qualifications
by persons
and circumstances
other than the
have
party.
convincedbeen Court
taken
that themay
intoappoint
consideration
some other person
controversy at the
between expense of the d
the
applicant is entitled to have parties and one of them is
the act/s complained of committing an act that will
permanently enjoined. cause irreparable
injury/destroy the status
quo before a full hearing
can be had.
Refusal to comply is punishable by
Refusal
contempt
to comply will not result into contempt
Applicant must establish Applicant need only show
the right and the act that he has an ostensible
violative thereof with right to the relief prayed for
absolute certainty in the complaint
NEW TRIAL R37 NEW TRIAL R53
Available only in the trial Available in the appellate
courts courts (CA and SC) R45 R65
Grounds: FAME and NDE Ground: NDE Based on questions of law Based on questions of
Resolved within 30d from Resolved within 90d when jurisdiction
the time the case is the court declares it Mode of appeal involving An original action directed
submitted for resolution submitted for resolution the review of the merits of against an IO or where
JFOR there is no appeal, or PSA
remedy, dwelling on JD
MR R37 MR R52 errors
Available only in the trial Available in the appellate Filed within 15d from the File no later than 60d from:
courts courts receipt of the: 1. Notice of JFOR; or
Grounds: Does not specify any 1. JFOR; or 2. Receipt of the denial of
1. Damages awarded ground 2. Denial of the MR/MNT the MR/MNT
are excessive Appeal stays the JFOR Does not stay the
challenged proceeding
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Petitioner and respondent
are the original parties; the
lower court/QJA are not
impleaded
MR is not required
Court is in the exercise of its
appellate JD + power of
review
Filing of the appeal can be
extend for another 15d by
filing motion for extension
corporation, officer, or person
exercising judicial, quasi-judicial, or
ministerial functions
May be on the ground that the
entity against whom the writ is
sought acted without or in excess
REPLEVIN
Available only where the
principal relief sought is the
recovery of possession of
personal property, and
where other reliefs
(damages) are merely
incidental thereto
Sought only where the
defendant is in actual/
constructive possession
Extends only to personal
property capable of manual
delivery
Available to recover
personal property even if it
is NOT concealed, removed,
or disposed of
Cannot be availed of if the
property is in custodia legis
(e.g., when under
attachment)
Available as main action or
provisional
unless a writ of PI/TRO is
issued
Parties are the aggrieved
party and the lower
court/QJA
MR condition sine qua non
Court exercises original JD
Filing is non-extendible
against a party in
the action
Does not involve the
jurisdiction of the
court
MANDAMUS MANDATORY INJUNCTION
An extraordinary remedy Preliminary mandatory
ATTACHMENT resorted to only in case of injunction is a remedy
extreme necessity where which commands the
Available even if the
there is no appeal or plain, performance of some
recovery of the personal
adequate speedy remedy, positive act to correct a
property is only an
showing that the duty wrong in the past
incidental relief sought in
sought to be performed is
the action
one which the law
specifically enjoins as a duty
resulting from an office
Sought even if the personal
Directed against a tribunal, Generally directed against a
property is in the custody of
a third person board, corporation, officer, party in the action
or person exercising
Extends to all kinds of
ministerial functions
property
May be on the ground that Does not involve the
the entity against whom the jurisdiction of the court but
Presupposes that the
writ is sought acted without rather the performance of
property is being concealed,
or in excess of jurisdiction an action enjoined by law as
removed, or disposed of
and unlawfully neglects the a duty
performance of an act
Can still be resorted to even
which the law specifically
if the property is in custodia
enjoins as a ministerial duty
legis
Available only as a
provisional remedy
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RULE 64
Involves the review of JFOR
of the COMELEC and COA
Filed with the SC within 30d
from notice of JFOR
MR is allowed only if
allowed by the Rules of the
Commission
MANDAMUS
An extraordinary remedy
resorted to only in case of
extreme necessity where
there is no appeal or plain,
adequate speedy remedy,
showing that the duty
sought to be performed is
one which the law
specifically enjoins as a duty
resulting from an office
Can be filed before the SC,
CA, SB, RTC
PROHIBITION
Directed against a tribunal, board,
RULE 65
Involves the review of JFOR
of the courts or tribunals
exercising judicial and
quasi-judicial functions
Filed within 60d from:
a. Notice of JFOR; or
b. Denial of MR/MNT
MR is a prerequisite, unless
the case falls under the
exceptions
CONTINUING MANDAMUS
Writ issued by the court in
an envi case directing any
agency or instrumentality of
the govt or officer to
perform an act or series of
acts decreed by final
judgment which shall
remain effective until
judgment is fully satisfied
Can be filed before the SC,
CA, RTC
QUO WARRANTO ELECTION PROTEST
INJUNCTION Ground = disqualification or Ground = based on
Generally directed ineligibility of the irregularities in the conduct
proclaimed candidate of election
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If the respondent is found
ineligible, the petitioner will
not automatically assume
the office, but may only
recover costs of suit
QUO WARRANTO IN
ELECTIVE OFFICE
What is to be determined is
the eligibility of the
candidate-elect
When the candidate-elect is
found to be ineligible, the
court can’t declare that the
candidate who obtained the
2nd highest number of votes
has been elected even if
eligible
QUO WARRANTO
Remedy to test the title to
one’s office claimed by
another. Object is the
ouster of the holder from
its enjoyment
Proper where there is
usurpation or intrusion into
an office
EXPROPRIATION (67)
SCA
Purpose is to take private
property for public use
Just compensation is
required
Venue is the RTC where the
subject property is located
RIGHT OF REDEMPTION
Exists in extrajudicial
foreclosure
May be exercised within 1yr
from the registration of the
The protestant who prevails
will assume the contested
office provided he had
obtained plurality of votes
QUO WARRANTO IN
APPOINTIVE OFFICE
What is to be determined is
the legality of the
appointment
The court determines who
has been legally appointed
and shall declare who is
entitled to occupy the office
MANDAMUS
Remedy to enforce clear
legal duties and not to try
disputed titles
Proper where the
respondent, without
claiming any right to an
office, unlawfully excludes
the petitioner therefrom
ESCHEAT (R91)
SPECPRO
Purpose is to revert back
the property of the
decedent who leaves no
heir or person entitled to
succeed
Just compensation is not
required
Venue is the RTC where
1. the deceased last
resided
2. his estate may be found
if he resided outside
the PH
EQUITY OF REDEMPTION
Exists in judicial foreclosure
May be exercised during
the period of not less than
sale in the RD
GR: no right of redemption
in judicial foreclosure
EXP: if the mortgagee is the
PNB or any financial/
banking institution
Effect: there is both right
and equity of redemption
CERTIORARI PROHIBITION
Discretionary acts Discretionary &
ministerial
Purpose is to Prohibit acts
annul JFO
THIRD PARTY COMPLAINT
Initiatory pleading
Filed where original action is
pending
Filed by motion for leave with
third party complaint
Payment of DOLF is necessary
Defending party may file TPC
with leave of court against a
person not a party to the
action for contribution,
indemnity, subrogation, or
any other relief in respect to
his opponent’s claim (S11R6)
TRO
Lifetime is:
20d – TC
60d – AC
until further notice - SC
Purpose is to restrain act by
writ of injunction
May be filed ex parte.
20d if applicant will suffer
grave injury
90d nor more than 120d
from:
1. entry of judgment; or
2. even after the
foreclosure
but before the judicial
confirmation of the same
MANDAMUS
Ministerial
Compel
performance of
act of PO, which is
enjoined by law
THIRD PARTY CLAIM
Remedy
Filed with the sheriff’s office
Filed by affidavit
Payment of DOLF is not
necessary
Remedy available to third
person who owns or
possesses property being
levied upon
STATUS QUO
Lifetime is during pendency
of action
Purpose is to preserve last
peaceable and uncontested
condition of parties
May not be filed ex parte.
Notice and hearing is
required, or else GADALEJ
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72hrs if with extreme
urgency + summary hearing
FORCIBLE ENTRY
Possession is unlawful from
the beginning FISTS
Law does not require
previous demand to vacate
Prior physical possession
must be proved
1 year counted from
discovery of FISTS
CRIMPRO and EVIDENCE
CUSTODY OF LAW
Required before court can act
upon the bail application, but
is not required for
adjudication of other reliefs
where mere application
constitutes a waiver of the
defense of lack of JD
Accomplished by either arrest
or voluntary surrender
One can be under the
custody of law but not yet
subject to court JD over his
person (e.g., person arrested
by virtue of a warrant files a
MTQ the warrant before
arraignment)
Signifies restraint over the
person, depriving him of
liberty
AMENDMENT
May involve either formal or
substantial changes
Before a plea is entered, can
be effected without LOC
Only as to form—no need for
another PI and retaking of
plea of accused
Refers to the same offense
charged in the original
information or to an offense
UNLAWFUL DETAINER
Possession is inceptively
lawful but becomes illegal
because of termination of
right to hold possession
Plaintiff must first demand,
jurisdictional in nature
Prior physical possession
need not be proved
1 year is counted from last
demand
JD OF THE COURT
JD over the person of the
accused is deemed waived
when he files any pleading
seeking an affirmative relief,
except in cases when he
invokes the special JD of the
court by impugning such JD
over his person
Acquired upon his arrest or
voluntary appearance (e.g.,
files a pleading, applies for
bail)
One can be subject to the
court JD over his person and
not yet be in the custody of
law (e.g., when an accused
escapes custody after trial
has commenced
Needed when the accused
applies for any affirmative
relief
SUBSTITUTION
Necessarily involves a
substantial change
Must be with LOC as the
original information has to be
dismissed
Another PI is necessary and
accused must plead anew to
the new information
Requires/ presupposes that
the new information involves
different charge/s which do
which necessarily includes or not include or is not
is necessarily included in the necessarily included in the
original charge. original charge hence the
accused cannot claim double
Substantial amendments jeopardy.
after plea is taken cannot be
made over the objection of
the accused who may invoke
double jeopardy
DISCHARGE OF ACCUSED TO BE STATE WITNESS
RA 6981 §17 R 119
Statutory mode to be a Another mode of discharge
state witness
Immunity is granted by DOJ Immunity granted by courts
Only compliance with §14 Information filed, accused
R110 is required, not §17 is arraigned, case is
R119 undergoing trial. Discharge
may be ordered upon
motion of the prosecution
before resting its case
Applicable only in grave Applicable in any criminal
offenses case
Effect of discharge
1. given full faith and 1. will operate as an
credit by the prosecutor acquittal of the accused
who shall not include 2. shall be a bar to future
the witness in the prosecution for the
criminal information same offense, unless
2. if included, petition may the accused fails or
be filed for his discharge refuses to testify
3. state witness shall have against his co-accused
immunity from criminal in accordance with his
prosecution for offenses sworn statement
in which his testimony constituting the basis
will be given for his discharge
MOTION FOR DEMURRER MOTION TO QUASH
TO EVIDENCE (§23 R119) (R117)
Filed after prosecution rests Filed before the accused
its case enters plea
Litigated motion Litigated and omnibus
motion
Based on insufficiency of Based on grounds set forth
evidence presented by in §3 R117
prosecution
In case of denial of motion
Filed with LOC  accused Accused may proceed with
may present evidence arraignment
Filed w/o LOC  appeal the UNLESS tainted with
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judgment (bc accused GADALEJ  R65 petcert

waives the right to present

evidence and submits the

case for decision)

In case of granting of motion
Results in the dismissal of 1. It will cause the
the action and acquittal of amendment of the
the accused complaint/info; OR
2. Dismissal of the action
Prosecution’s remedy  if grounded on
1. Appeal the civil action; a. Prescription;
or b.Double jeopardy
2. R65, petcert if tainted
with GADALEJ

Dismissal of the action may Made upon motion of the

ADMISSIBILITY OF WEIGHT OF EVIDENCE
EVIDENCE
The admissibility of Weight of evidence pertains
evidence depends on its to evidence already
relevance and competence admitted and its tendency
to convince and persuade
The admissibility of a The wright of evidence is
particular item of evidence not determined
has to do with whether it mathematically by the
meets various tests by numerical superiority of the
which its reliability is to be witnesses testifying to a JUDICIAL ADMISSION JUDICIAL CONFESSION
determined, so as to be given fact, but depends It is an admission, verbal or It is an acknowledgement of
considered with other upon its practical effect in written, made by a party in one’s guilt in the same case
evidence admitted in the inducing belief on the part the course of the
case in arriving at a decision of the judge trying the case proceedings in the same
as to the truth case
Admissibility refers to the Weight of evidence refers It does not result in liability It connotes admission of
question of whether certain to the question of whether one’s liability
pieces of evidence are to be the admitted evidence It may be express or implied It is always express or tacit
considered at all proves an issue It is more of a broader It is only limited to the
scope which includes confession of a person
CUSTODIAL PRELIMINARY judicial confession
INVESTIGATION INVESTIGATION It may be made by any
ADMISSIBILITY OF ItCREDIBILITY
can only be OF
made by the
EVIDENCE
EVIDENCE
Any questioning initiated by PROOF
Inquiry or proceeding to party EVIDENCE accused in a criminal
Evidence is the medium
law enforcement officersof Proof is thewhether
determine effect orthere
end is Refers to the duty of the proceeding
Refers to the worthiness of
proof
after aorperson
the means
has been result of evidence
sufficient ground to court to receive or allow belief of the evidence
sanctioned by the rules
taken into custody or in engender a well-founded the evidence
ascertaining the truth
otherwise deprived of his belief that a crime has been ADMISSION CONFESSION
respecting
freedom ofaaction
matterinof fact
any committed and the It is a statement of fact It is an acknowledgment of
significant way respondent is probably which does not involve one’s guilt or liability
guilty thereof and should be acknowledgement of fault
FACTUM PROBANDUM held FACTUM
for trial PROBANS or liability
Conducted
Factum by a LEO is the
probandum Conducted
Factum by anis the
probans May be express or implied Always express
ultimate fact or facts investigatingfact
evidentiary prosecutor
or facts by It is more of a broader Only limited to the
Purposetoisbe
sought to established
elicit See definition
which factum probandum is scope, includes confession confession of a person
information or a confession to be established May be made by any party Can only be made by the
from the person arrested accused
who committed a crime
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DECLARATION AGAINST
INTEREST
It is made against the
proprietary or pecuniary
interest
Made by a person who is
either deceased or unable
to testify
PAROLE
Made anteEVIDENCE RULE
litem mortem
(prior to the case)
The original of the
document is available in
courtJUDICIAL ADMISSION
Prohibits the varying the
It is inofadmission
terms made in
the written
agreement
the same case
The controversy is between
the parties
It need nottobe
the written
proven by
agreement
the party, being conclusive
on the party of the
admitter, unless it was
made through palpable
mistake or when there is no
admission made
ORIGINAL IS IN THE
POSSESSION OF ADVERSE
PARTY (§6 R130)
It is the exception to the
Best Evidence Rule
The production of the
original document is
obtained by mere notice to
the adverse party
It presupposes that
proponent is presumed that
have knowledge of the
contents of the document
The requirements for such
notice must be complied
with as a condition
precedent for the
presentation of secondary
evidence by the proponent
The purpose is the
presentation of secondary
evidence in lieu of the
original
ADMISSION
Need not be against the
proprietary or pecuniary
interest
Made by a party himself,
and iti s a primary evidence
though he be present in
court and ready to testify
Made at anytime
BEST EVIDENCE RULE
The original of the
document is not available in
court EXTRAJUDICIAL
It prohibitsADMISSION
the introduction
ofItsubstitutionary
is an admissionormade in
secondary evidence
another case or out of court
Itadmission
involves any party to the
action
It needs to be alleged and
proved like any other fact
PRODUCTION AND
INSPECTION OF
DOCUMENTS UNDER R27
It is a mode of discovery
The production of the
document being a mode of
discovery is by way of
motion filed before the
court and allowed only
based on good cause shown
It contemplates a scenario
where the movant has no
prior knowledge of the
contents of the documents
to be produced
The party seeking the
production of the
documents is not
sufficiently informed of the
contents of the said
documents
The purpose is the copying,
inspecting, photographing
the documents
COMPETENCY OF A
WITNESS
It refers to the qualification
of the witness who can
perceive, perceiving and
making known his
perceptions of others
RES GESTAE
May be that of the killer
himself after or during the
killing
The statement may
precede, accompany or be
made after the homicidal
act was committed
It has its basis on
spontaneity of the
statement
BURDEN OF PROOF
It does not shift as it
remains throughout the
trial with the party upon
whom it is imposed
Generally determined by
the pleadings filed by the
party
DIRECT EVIDENCE
Proves a challenged fact
without drawing any
inference
CREDIBILITY OF A WITNESS
It refers to the disposition
and intention of the witness
to tell the truth in the
testimony he has given
DYING DECLARATION
It can only be made by the
victim
It is made only after the
homicidal attach has been
committed
It is being given based upon
the awareness of an
impending death
BURDEN OF EVIDENCE
It shifts from party to party
depending on the
exigencies of the case in the
course of the trial
Is generally determined by
the developments in the
trial, or by the provisions of
substantive law or
procedural rules which may
relieve the party from
presenting evidence of fact
alleged
CIRCUMSTANTIAL
EVIDENCE
Indirectly proves a fact in
issue such that the fact
finder must draw an
inference or reason from
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No requirement that only
direct evidence may convict
circumstantial evidence
A number of circumstantial
evidence may be credible to
establish a fact from which
it may be inferred beyond
reasonable doubt