6 2022 UP Law BOC Remedial Law LMTs

CIVIL PROCEDURE REMEDIAL LAW LAST MINUTE TIPS
2022 UP LAW BOC LMTs

REMEDIAL LAW
I. CIVIL PROCEDURE jurisdiction shall be adjudicated by the RTC
[Sec. 17, R.A. 8369]
A. Jurisdiction of 1st and 2nd
5. All civil actions and special
Level Courts proceedings falling within exclusive
original jurisdiction of the Court of
Q: Over which cases do Regional Trial Agrarian Reform [Sec. 19(7), B.P. 129,
Courts exercise original jurisdiction over? as amended by R.A. 7691]
6. All cases not within exclusive
Answer: jurisdiction of any court, tribunal,
1. All civil actions in which the subject of person, or body exercising judicial or
the litigation is incapable of pecuniary quasi-judicial functions [Sec. 19(6),
estimation [Sec. 19(1), B.P. 129, as B.P. 129, as amended by R.A. 7691]
amended by R.A. 7691]
2. Civil actions involving title to, or Q: Over which cases do Municipal,
possession of real property, or any Metropolitan and Municipal Circuit Trial
interest therein, where assessed value Courts exercise exclusive original
exceeds P20,000 (P50,000 in Metro jurisdiction over?
Manila) [Sec. 19(2), B.P. 129, as
amended by R.A. 11576] Answer: Municipal, Metropolitan and
3. Any action if the amount involved Municipal Circuit Trial Courts exercise
exceeds P300,000 (P400,000 in Metro exclusive original jurisdiction over cases:
Manila) in the following cases [B.P. 1. Where the value of personal property,
129, as amended by R.A. 11576]: estate, or amount of demand does not
a. Actions in admiralty and exceed P300,000 (P400,000 in Metro
maritime jurisdiction, where the Manila), exclusive of interest, damages
amount refers to demand or of whatever kind, attorney’s fees,
claim [Sec. 19(3)] litigation expenses, and costs, in the
b. Matters of probate (testate or following cases:
intestate), where the amount a. Civil actions;
refers to gross value of estate b. Probate proceedings, (testate
[Sec. 19(4)] or intestate);
c. In all other cases where the c. Provisional remedies in proper
amount refers to the demand, cases. [Sec. 33(1), B.P. 129,
exclusive of interest, damages as amended by R.A. 7691 and
of whatever kind, attorney’s RA 11576]
fees, litigation expenses, and 2. Forcible entry and unlawful detainer
costs [Sec. 19(8)] (FEUD)
4. All actions involving the contract of
marriage and family relations [Sec. Note: When a defendant raises questions of
19(5), B.P. 129, as amended by R.A. ownership in his pleadings and the question of
7691], and all civil actions and special possession cannot be resolved without
proceedings falling within exclusive deciding issue of ownership, the latter issue
original jurisdiction of Juvenile and shall be resolved only to determine the former
Domestic Relations Court [Sec. 19(7), issue [Sec. 33(2), B.P. 129, as amended by
B.P. 129, as amended by R.A. 7691] R.A. 7691]
3. All civil actions involving title to, or
Note: This jurisdiction is deemed modified by possession of, real property, or any
Sec. 5, R.A. 8369, the law establishing the interest therein where assessed value
Family Courts. However, in areas where there of property or interest therein does not
are no Family Courts, the cases within their exceed P20,000 (P50,000 in Metro
Page 1 of 46
UP Law Bar Operations Commission 2022
Manila) exclusive on interest, damages available under Rules 40 or 41, whichever is
of whatever kind, attorney’s fees, applicable.
litigation expenses and costs:
provided, that in cases of land not c. After finality of judgment
declared for taxation purposes, the
value of such property shall be Answer: After finality of the judgment, there
determined by the assessed value of are three ways to assail the Judgment, which
the adjacent lots. are: (a) a petition for relief under Rule 38 on the
4. Exclusive original jurisdiction in grounds of fraud, accident, mistake or
admiralty and maritime actions where excusable negligence; (b) annulment of
the demand or claim does not exceed Judgment under Rule 47 for extrinsic fraud or
P300,000 (P400,000 in Metro Manila). lack of jurisdiction; or (c) certiorari if the
[Sec. 33(3), B.P. 129, as amended by judgment is void on its face or by the judicial
R.A. 7691, further amended by R.A. record. [Balangcad v. Justices of the Court of
11576] Appeals, G.R. No. 83888, February 12, 1992]
5. Inclusion and exclusion of voters [Sec.
49, Omnibus Election Code] C. Demurrer to Evidence
B. Motion to Set Aside Order of Q: What is a demurrer to evidence in civil
Default actions? What are its effects?
Q: What are the available remedies of a Answer: After the plaintiff has completed the
party declared in default? presentation of his evidence, the defendant
a. Before the rendition of judgment; may move for dismissal on the ground that
upon the facts and the law the plaintiff has
Answer: Before the rendition of judgment (a) shown no right to relief.
he may file a motion under oath to set aside the
order of default on the grounds of fraud, If the demurrer is denied, the defendant does
accident, mistake or excusable negligence and not lose the right to present his evidence.
that he has a meritorious defense (Sec. 3[b),
Rule 9); and if it is denied, he may move to If the demurrer is granted, the plaintiff may
reconsider, and if reconsideration is denied, he appeal and if the dismissal is reversed, the
may file the special civil action of certiorari for defendant is deemed to have waived his right
grave abuse of discretion tantamount to lack or to present his evidence [Sec. 1, Rule 33].
excess of the lower court's jurisdiction. (Sec. 1,
Rule 65); or (b) he may file a petition for Q: Is the order denying the demurrer
certiorari if he has been illegally declared in appealable or reviewable via certiorari?
default, e.g. during the pendency of his motion
to dismiss or before the expiration of the time Answer: No, it is not reviewable by appeal or
to answer. [Matute v. CA, G.R. No. 26751, by certiorari before judgment [Sec. 2, Rule 33]
January 31, 1969; Acosta Ofalia v. Sundiam,
G.R. No. L-42648, September 30, 1978] D. Judgment on the Pleadings;
Summary Judgment
b. After judgment but before its
finality; and Q: What are the grounds for judgment on
the pleadings?
Answer: After judgment but before its finality,
he may file a motion for new trial on the Answer: The grounds for judgment on the
grounds of fraud, accident, mistake, excusable pleadings are:
negligence, or a motion for reconsideration on 1. Where an answer fails to tender an
the ground of excessive damages, insufficient issue; or
evidence or the decision or final order being 2. Otherwise admits the material
contrary to law (See. 2, Rule 37); and allegations of the adverse party’s
thereafter. If the motion is denied, appeal is pleading [Sec. 1, Rule 34]
Page 2 of 46
Q: What is summary judgment? may still be raised at any time since they are
not waivable. [Sec. 1, Rule 9 in relation to Sec.
Answer: Summary judgment is a procedural 12 (a), Rule 15]
device resorted to in order to avoid long drawn-
out litigations and useless delays where the The following are also affirmative defenses:
pleadings on file show that there are no 1. Lack of jurisdiction over the person of
genuine issues of fact to be tried [Puyat v. the defendant,
Zabarte, G.R. No. 141536, February 26, 2001] 2. Improper venue,
3. Lack of legal capacity to sue of the
Q: May the Court motu proprio order plaintiff,
judgment on the pleadings and summary 4. Failure to state a cause of action, and
judgment? 5. Failure to comply with a condition
precedent. [Sec 12(a), Rule 8]
Answer: Yes. The court may motu proprio
include in the pretrial order that the case be Note: The court must motu proprio resolve
submitted for summary judgment or judgment these affirmative defenses within 30 calendar
on the pleadings without need of position days from the filing of the answer. [Sec. 12(c),
papers or memoranda, and without prejudice to Rule 8]
a party moving for either judgment on the
pleadings or summary judgment when: F. Hierarchy of Courts
1. There be no more controverted facts;
2. No more genuine issue as to any Q: What is the doctrine of hierarchy of
material fact; courts?
3. There be an absence of any issue; or
4. Should the answer fail to tender an Answer: The doctrine of hierarchy of courts
issue. [Sec. 10, Rule 18] provides that where there is a concurrence of
jurisdiction by courts over an action or
E. Affirmative Defenses proceeding, there is an ordained sequence of
recourse to such courts beginning from the
Q: What are the affirmative defenses? lowest to the highest. A direct invocation of the
Supreme Court’s original jurisdiction should be
Answer: The affirmative defenses include: allowed only when there are special and
1. Fraud, important reasons therefor. [Montes v. Court of
2. Statute of limitations, release, Appeals, G.R. No. 143797, 4 May 2006]
3. Payment, illegality,
4. Statute of frauds, G. Doctrine of Immutability of
5. Estoppel, former recovery,
6. Discharge in bankruptcy, and Judgments
7. Any other matter by way of confession
and avoidance. [Par 1, Sec. 5 (b), Rule 6] Q: What is the doctrine of immutability of
judgments?
Affirmative defenses may also include grounds
for the dismissal of a complaint, specifically: Answer: Under the doctrine of immutability of
1. That the court has no jurisdiction over judgments, a judgment that has attained finality
the subject matter; can no longer be disturbed. The reason is two-
2. That there is another action pending fold:
between the same parties for the same 1. To avoid delay in the administration of
cause (lis pendens); or justice, and to make orderly the
3. That the action is barred by a prior discharge of judicial business; and
judgment. [Par 2, Sec. 5 (b), Rule 6] 2. To put an end to judicial controversies
at the expense of occasional errors.
Note: The foregoing three (3) grounds need not
be included in the answer due to the use of the
word “may”. Also note that these grounds for
dismissal (in addition to statute of limitations)
Page 3 of 46
H. Harmless Error Rule Q: What is the doctrine of conclusiveness

of judgment?
Q: What is the Harmless Error Rule?
Answer: Any right, fact or matter in issue
Answer: The harmless error rule provides that directly adjudicated or necessarily involved in
the appellate court should not reverse a the determination of an action before a
judgment as a result of any error or defect competent court in which a judgment or decree
which does not affect the substantial rights of is rendered on the merits is conclusively settled
the parties. [Sec. 6, Rule 51] by the judgment therein and cannot again be
litigated between the parties and their privies
whether or not the claim or demand, purpose
I. Bar by Prior Judgment/ or subject matter of the two suits is the same.
Conclusiveness of Judgment
J. Motion to Dismiss
Q: What are the dual aspects of res
judicata? Q: What is the current rule on motions to
dismiss?
Answer: The dual aspects of res judicata are:
1. Judgment on the merits in the first case Answer: Motions to dismiss are currently
constitutes an absolute bar to the prohibited motions under Sec 12(a), Rule 15.
subsequent action not only as to every
matter which was offered and received However, the following may still be grounds for
to sustain or defeat the claim or a motion to dismiss:
demand, but also to any other 1. The court has no jurisdiction over the
admissible matter which might have subject matter
been offered for that purpose and to all 2. Litis pendentia
matters that could have been adjudged 3. Res judicata
in that case. This is called ‘bar by prior 4. The action is barred by the statute of
judgment’. [Sec 47(b) Rule 39] limitations.
2. The second action is upon a different
claim or demand, the judgment in the Notably, the Amended Rules empower the
first case operates as an estoppel only court to dismiss a case motu proprio if the
with regard to those issues directly aforementioned non-waivable grounds are
controverted, upon the determination apparent on the face of the complaint. [Sec. 1,
of which the judgment was rendered. Rule 9. Moreover, subject to the right of appeal,
This is called ‘conclusiveness of an order granting a motion to dismiss on the
judgment’ [Sec 47(c) Rule 39] above grounds shall bar the refiling of the same
action or claim. [Sec 13, Rule 15]
Q: What are the requisites of res judicata by
bar by prior judgment?
K. Certification Against Non-
Answer: The requisites of res judicata are: Forum Shopping
1. A final judgment or order;
2. Jurisdiction over the subject matter and Q: What is forum shopping?
the parties by the court rendering it;
3. Judgment on the merits; Answer: The repeated availment of several
4. Between the two cases, there is: judicial remedies in different courts,
a. Identity of parties simultaneously or successively, all
b. Identity of subject matter; substantially founded on the same transactions
c. Identity of causes of action and the same essential facts and
[Villarino v. Avila, G.R. No. circumstances, and all raising substantially the
131191 (2006)] same issues, either pending in or already
resolved adversely by some other court.
Page 4 of 46
Q: What pleadings require a certification 1. At any time before a responsive
against non-forum shopping? pleading is served, or
2. In the case of a reply, at any time within
Answer: 10 calendar days after it is served
1. Complaint
2. Permissive counterclaim Q: When should amendments be made by
3. Cross-claim leave of court? What are the requisites?
4. Third (fourth, etc.) party complaint
5. Complaint-in-intervention Answer: Substantial amendments may be
made only upon leave of court. In order to
Q: Who may execute a certification against make an amendment with leave of court, the
non-forum shopping? following requisites must be satisfied:
1. Motion for leave of court, accompanied
Answer: As a general rule, it is the plaintiff or by the amended pleading sought to be
principal party who signs the certification. If, for admitted;
justifiable reasons, the party-pleader is unable 2. Notice is given to the adverse party;
to sign, he must execute a Special Power of and
Attorney designating his counsel of record to 3. Parties are given the opportunity to be
sign on his behalf. In cases of a juridical entity, heard
the certification may be executed by a properly
authorized person through due authorization N. Execution; Matter of Right;
by a board resolution.
Discretionary
L. Two-Dismissal Rule Q: Compare and contrast discretionary
execution v. execution as a matter of right
Q: When does the two-dismissal rule
apply? Answer:
Answer: In order for the Two-Dismissal Rule Discretionary Matter of Right
to apply, Sec. 1, Rule 17 requires that both
dismissals through plaintiff’s notices were When issued
made by a competent court. Moreover, in
May issue before the Period to appeal has
Ching v. Cheng (G.R. No. 175507, October 8,
lapse of period to already lapsed and
2014), the Supreme Court ruled that the
appeal, and even no appeal is
following requisites should concur for the Two-
during appeal perfected
Dismissal Rule to apply:
1. There was a previous case that was Discretionary upon Ministerial duty of the
dismissed by a competent courts; the court; there is court provided there
2. Both cases were based on or include inquiry on whether are no supervening
the same claim; there is good reason events
3. Both notices for dismissal were filed by for execution, stated
the plaintiff; and in a special order
When the motion to dismiss filed by the plaintiff after hearing [Sec
was consented to by the defendant on the 2(a), Rule 39]
ground that the latter paid and satisfied all the
claims of the former.
M. Amendments; Matter of Right;

With Leave of Court
Q: When is an amendment a matter of right?
Answer: A party may amend his pleading once

as a matter of right:
Page 5 of 46
Who may issue any judgment that may be recovered in the

following cases:
The court which has Only the court of 1. In an action for recovery of money or
jurisdiction over the origin can issue the damages on a cause of action arising
case: writ of execution. from contract, express or implied,
1. May be the against a party who is about to depart
trial court while it from the Philippines with intent to
has jurisdiction defraud his creditors;
over the case 2. In an action for money or property
and is in embezzled or fraudulently misapplied
possession of or converted to his own use by a public
either the original officer, or an officer of a corporation, or
record or the an attorney, factor, broker, agent or
record on appeal clerk, in the course of his employment
2. The as such, or by any other person in a
appellate court fiduciary capacity, or for a willful
after the trial violation of duty
court has lost 3. In an action to recover the possession
jurisdiction over of personal property unjustly detained,
the case when the property, or any part thereof,
has been concealed, removed or
Procedure for issuance disposed of to prevent is being found or
taken by the applicant or an officer
1. There must While the issuance of 4. In an action against a party who has
be a motion filed the writ is ministerial been guilty of a fraud in contracting the
by the prevailing upon the court, debt or incurring the obligation upon
party with notice execution shall issue which the action is brought, or in
to the adverse only on motion. A concealing or disposing of the property
party; judge may not order for the taking, detention or conversion
2. The motion execution of of which the action is brought;
must be filed in judgment in the 5. In an action against a party who has
the trial or decision itself. Even removed or disposed of his property, or
appellate court; if immediately is about to do so, with intent to defraud
3. There must executory, there his creditors; and
be good reason must be a motion to 6. In an action against a party who resides
to justify that effect and a out of the Philippines, or on whom
execution hearing called for summons may be served by
pending appeal that person. publication.
4. The good
reason/s must be P. Preliminary Injunction
stated in a
special order Q: What must an applicant for a writ of
after due preliminary injunction establish?
hearing.
Answer: The applicant must establish:
O. Preliminary Attachment 1. The existence of a clear and
unmistakable right that must be
protected; that is, right in esse
Q: What are the grounds under which a writ
2. This right in esse is directly threatened
of preliminary attachment may issue?
by an act sought to be enjoined
3. A material and substantial invasion of
Answer: A plaintiff or any party may, at the
such right; and
commencement of the action or at any time
An urgent and paramount necessity for the writ
thereafter, have the property of the adverse
to prevent serious damage. [Dulnuan v.
party attached as security for the satisfaction of
Metrobank, G.R. No. 196864 (2015)]
Page 6 of 46
Q. Interrogatories R. Request for Admission

Q: Differentiate a written interrogatory Q: What are the consequences of the failure
under Rule 25 from a written interrogatory to answer a request for admission?
in deposition under Rule 23.
Answer: The proponent may apply to the
Answer: proper court for an order to compel an answer.
If application is granted, the court:
Rule 25 Rule 23
1. Shall require the refusing party to
A mode of discovery A mode of deposition answer; and
distinct from 2. May require the refusing party or
deposition counsel to pay reasonable expenses
for obtaining the order, if the court finds
Purpose is: Purpose is to take that the refusal to answer was without
1. To elicit the testimony of a substantial justification.
material and party out of court
relevant facts through written Refusal to answer after being directed by the
from any adverse interrogatories court would:
parties 1. Constitute contempt of that court.
2. To assist the 2. Allow the court to make such orders
parties in regarding the refusal as are just, like:
clarifying the a. An order that the matters
issues and in regarding which questions
ascertaining the were asked shall be taken as
facts involved in established for the purposes of
a case. the action in accordance with
the claim of the party obtaining
Interrogatories may relate to any matter, not the order;
privileged, which is relevant to the subject of b. An order refusing to allow the
the pending action, whether relating to the disobedient party to support or
claim or defendant of any other party, oppose designated claims or
including the existence, description, nature, defenses;
custody, condition, and location of any c. An order striking out pleadings
books, documents, or other tangible things or parts thereof, or staying
and the identity and location of persons further proceedings until the
having knowledge of relevant facts. order is obeyed, or dismissing
the action or proceeding or any
Written Written part thereof or rendering a
interrogatories are interrogatories in judgment by default against the
served directly to the deposition are not disobedient party; and
adverse party served upon the In lieu of any of the foregoing orders or in
adverse party addition thereto, an order directing the arrest of
directly. They are any party or agent of party for disobeying any
instead delivered to of such orders.
the officer
designated in the
notice
S. Petition for Relief from
Judgment; Annulment of
Judgments
Q: What are the differences between a
petition for relief from judgment and a
petition for annulment of judgment in terms
of grounds and periods to file?
Page 7 of 46
Answer: In a Petition for relief from judgment, person includes, but not limited to, one
when a judgment or final order is entered or who customarily receives
any other proceeding is thereafter taken correspondences for the defendant;
against a party in any court through fraud, 3. By leaving copies of the summons, if
accident, mistake, or excusable negligence, he refused entry upon making his or her
may file a petition in such court and in the same authority and purpose known, with any
case praying that the judgment, order or of the officers of the homeowners’
proceeding be set aside. (Section 1, Rule 38) It association or condominium
must be filed within sixty (60) days after the corporation, or its chief security officer
petitioner learns of the judgment, and not more in charge of the community or the
than six (6) months after such judgment was building where the defendant may be
entered, or such proceeding was taken, and found; and
must be accompanied with affidavit showing 4. By sending an electronic mail to the
the fraud, accident, mistake, or excusable defendant’s electronic mail address, if
negligence relied upon, and the facts allowed by the court. [Rule 14, Sec 6]
constituting the petitioner’s good and
substantial cause of action or defense as the Q: Upon whom is service made in the case
case may be. (Sec. 3, Rule 38) of domestic juridical entities?
Whereas, in annulment of judgment, the Court Answer: Service is effected upon:

of Appeals can annul the judgment of the RTC 1. The president,
in civil actions when the ordinary remedies of 2. Managing partner,
new trial, appeal, petition for relief or other 3. General manager,
appropriate remedies are no longer available 4. Corporate secretary,
through no fault of the petitioner. (Sec. 1, Rule 5. Treasurer, or
47) 6. In- house counsel.
The grounds for annulment of judgment may Service may be effected wherever they may be
be based only on the grounds of extrinsic fraud found, or in their absence or unavailability, on
and lack of jurisdiction. Jurisprudence, their secretaries.
however, provides for the third ground which is
denial of due process. If based on extrinsic If service cannot be made on the enumerated
fraud, it must be filed within four (4) years from officers or their secretaries, it shall be made
its discovery and if based on lack of jurisdiction, upon the person who customarily received the
before it is barred by laches or estoppel. correspondence for the defendant at its
principal office.
T. Summons; Substituted
Q: What is the effect of voluntary
Service appearance?
Q: When may substituted service of Answer: Voluntary Appearance of the
summons be made? defendant gives the court jurisdiction over his
person despite lack of service of summons or
Answer: Substituted service of summons may a defective service of summons. Since his
be made when, for justifiable causes, the voluntary appearance in the action shall be
defendant cannot be served personally after at equivalent to service of summons.
least three (3) attempts on two (2) separate
dates, service may be effected: The inclusion in a motion to dismiss of other
1. By leaving copies of the summons at grounds aside from the lack of jurisdiction over
the defendant’s residence to a person the person of the defendant shall be deemed a
at least eighteen (18) years of age and voluntary appearance.
of sufficient discretion residing therein;
2. By leaving copies of the summons at
the defendant’s office or regular place
of business with some competent
person in charge thereof. A competent
Page 8 of 46
U. Small Claims Cases Answer: For a writ of replevin to issue, the

requisites are:
Q: What is the scope of small claims cases? 1. The application for the writ must be
filed at the commencement of the
Answer: Small claims cases covers actions action or at any time before the
before the Metropolitan Trial Courts, Municipal defendant answers [Sec. 1, Rule 60]
Trial Courts, and Municipal Circuit Trial Courts 2. The application must contain an
for the payment or reimbursement of a sum of affidavit where the applicant
money where the value of the claim does not particularly describes the property that
exceed P1.0 Million. he is the owner of the property or that
he is entitled to the possession thereof;
V. Judicial Affidavits The affidavit must contain the following:
1. That the applicant is the owner of the
Q: What must be included in the pleadings? property claimed, particular description
of such entitlement to possession
Answer: Under Rule 7, Sec. 6, the following particularly describing it, or is entitled to
are required to be stated in every pleading: the possession thereof;
1. Names of witnesses who will be 2. That the property is wrongfully
presented to prove a party’s claim or detained by the adverse party, alleging
defense; the cause of detention according to
2. Summary of the witnesses’ intended applicant’s knowledge, information and
testimonies, provided that the judicial belief;
affidavits of said witnesses shall be 3. That the property has not been
attached to the pleading and form an distrained or taken for tax assessment
integral part thereof. Only witnesses or fine, or seized by writ of execution,
whose judicial affidavits are attached to preliminary attachment, or placed in
the pleading shall be presented by the custodia legis, or if so seized, that is
parties during trial. Except if a party exempt or should be released from
presents meritorious reasons as basis custody;
for the admission of additional 4. Actual market value of the property
witnesses, no other witness or affidavit [Sec. 2, Rule 60]
shall be heard or admitted by the court;
and
3. Documentary and object evidence in X. Others
support of the allegations contained in
the pleading. Q: What is the applicable rule with respect
to arbitral awards of the Construction
Q: What is the judicial affidavit rule? Industry Arbitration Commission?
Answer: The judicial affidavit rule requires that Answer: Rule 43 is no longer applicable to
documentary or object evidence must be arbitral awards of the Construction Industry
marked and attached to the judicial affidavits, Arbitration Commission. In the case of Global
with such evidence being marked as Exhibit A, Medical Center v. Ross Systems International,
B, C for the plaintiff, and Exhibit 1, 2, 3 for the the Court held that the proper remedy is a
defendant. petition for review on certiorari to the Supreme
Court under Rule 45. However, if there is fraud
The judicial affidavits and attached Exhibits attending the award or there is violation of the
shall take the place of the witness' direct Constitution, a special civil action for certiorari
testimonies when the rule is applicable. under Rule 65 should be filed with the CA.
[Global Medical Center of Laguna v. Ross
Systems International, G.R. No. 230112;
W. Others 230119 (2021)]
Q: What are the requisites for the issuance
of a writ of replevin?
Page 9 of 46
SPECIAL CIVIL ACTIONS REMEDIAL LAW LAST MINUTE TIPS
II. SPECIAL CIVIL ACTIONS Q: Where is a Petition for Declaratory Relief

filed?
Q: What is the period within which an action
Answer: Exclusive and original jurisdiction is
for unlawful detainer must be filed?
with the RTC since the subject in a petition for
declaratory relief is incapable of pecuniary
Answer: An action for unlawful detainer must
estimation [Sec. 19, B.P.129, as amended by
be filed within 1 year from the last demand to
R.A. 7691].
vacated [Sarona v. Villegas, G.R. No. L-22984
(1968)]
Q: What is the period within which an action

for forcible entry must be filed?
Answer: The action must be filed 1 year from

actual dispossession/entry upon the land.
Q: What is the treatment of issues of

ownership in forcible entry and unlawful
detainer cases?
Answer: The issue of ownership may be

resolved only when it is necessary for the
determination of the issue of possession [Sec.
33(2), B.P. 129, as amended by R.A. 7691].
Q: What are the prohibited motions and

pleadings in actions for unlawful detainer
and forcible entry?
Answer:
1. Motion to dismiss the complaint except
on the ground of lack of jurisdiction
over the subject matter, or failure to
comply with Sec. 12, Rule 70 (referral
for conciliation)
2. Motion for a bill of particulars
3. Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file
pleadings, affidavits or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court
8. Motion to declare the defendant in
default
9. Dilatory motions for postponement
10. Reply
11. Third-party complaints
12. Interventions [Sec. 13, Rule 70]
Page 10 of 46
SPECIAL PROCEEDINGS REMEDIAL LAW LAST MINUTE TIPS
III. SPECIAL PROCEEDINGS Q: If in the course of intestate proceedings

pending before a court of first instance it is
found that the decedent had left a last will,
Q: What is the extent of jurisdiction of
which proceeding (testate or intestate)
estate courts as to ownership or heirship?
should take precedence?
Answer: The general rule is that the probate
Answer: Proceedings for probate of will prevail
court, whether in a testate or intestate
over intestate estate settlement. Probate of a
proceeding, can only pass upon questions of
will should replace the intestate proceedings
title provisionally. Not only does the probate
even if at that stage an administrator had
court have limited jurisdiction, but questions of
already been appointed, the latter being
title or ownership, which result in exclusion or
required to render final account and turn over
inclusion from the inventory of the property,
the estate in his possession to the executor
can only be determined with finality or settled
subsequently appointed. This, however, is
in a separate action [Aranas v. Mercado, G.R.
understood to be without prejudice that should
No. 156407 (2014), citing De Leon v. CA, G.R.
the alleged last will be rejected or is
128781 (2002); Jimenez v. CA, G.R. No. 75773
disapproved, the proceeding shall continue as
(1990); Agtarap v. Agtarap, G.R. Nos. 177099
an intestacy. [Uriarte v. CFI of Negros
and 177192 (2011)].
Occidental, G.R. Nos. L-21938-39 (1970)]
However, if the interested parties are all heirs,
Q: What are the interim reliefs available to
or the question is one of collation or
the respondent in a writ of amparo?
advancement, or the parties consent to the
assumption of jurisdiction by the probate court
Answer:
and the rights of third parties are not impaired,
1. Inspection Order
then the probate court is competent to decide
2. Production Order [Sec. 15]
the question of ownership [Cora v. Vda. De
Pangilinan, G.R. Nos. L-27082 and L-29545
(1978); Agtarap v. Agtarap, supra]
Page 11 of 46
Q: Distinguish writ of habeas corpus, writ of amparo, and writ of habeas data
Answer:
Habeas Corpus Amparo Habeas Data
Nature, scope, 1. All cases of illegal Involves right to life, Involves the right to
function confinement and liberty and security privacy in life, liberty or
detention by which violated or threatened security violated or
any person is with violation by an threatened by an
deprived of his unlawful act or unlawful act or
liberty omission of a public omission of a public
2. Deprivation of official or employee or official or employee, or
rightful custody of a private individual or of a private individual
any person entity or entity engaged in
including minors the gathering,
from the person Covers extralegal collecting or storing of
entitled [Sec. 1] killings and enforced data or information
disappearances or regarding the person,
Actual violation before threats thereof [Sec. 1] family, home and
writ issues. correspondence of the
aggrieved party [Sec.
1]
Limitations May not be suspended Shall not diminish, Shall not diminish,
except in cases of increase or modify increase or modify
invasion or rebellion substantive rights substantive rights
when public safety [Sec. 23] [Sec. 23]
requires it [Sec. 15,
Art. III, 1987 Const.]
Who may file By a petition signed Petition filed by the Any aggrieved party
and verified by the aggrieved party or by may file a petition.
party for whose relief it any qualified person or However, in cases of
is intended, or by entity in the following extralegal killings and
some person on his order: enforced
behalf [Sec. 3] 1. Any member of the disappearances, the
immediate family petition may be filed
2. Any ascendant, by (also successive):
descendant or 1. Any member of the
collateral relative immediate family
of the aggrieved of the aggrieved
within the 4th civil 2. Any ascendant,
degree of affinity descendant or
or consanguinity collateral relative
3. Any concerned of the aggrieved
citizen, party within the
organization, fourth civil degree
association or of consanguinity or
institution affinity [Sec. 2]
Filing by the aggrieved

suspends the right of
all others [Sec. 2]
Where filed 1. SC or any member 1. SB, CA, SC, or 1. At the option of
Page 12 of 46
thereof, on any any justice of such petitioner, RTC

day and at any courts where:
time 2. RTC of place a. Petitioner
2. CA or any member where the threat, resides or
thereof in act or omission b. Respondent
instances was committed or resides or
authorized by law any of its elements c. That which
3. RTC or a judge occurred [Sec. 3] has
thereof, on any jurisdiction
day and at any over the place
time, enforceable where the
only within his data or
judicial district information is
[Sec. 2] gathered,
4. MTC or first level collected or
courts in the stored
absence of RTC 2. SC, CA, or SB–If
judges in a judicial public data files of
region [Sec. 35, government offices
B.P. 129] [Sec. 3]
Where enforceable If SC/CA issued, Anywhere in Anywhere in

anywhere in Philippines Philippines [Sec. 3]
Philippines. [Sec. 4]
If granted by the RTC

or judge thereof, it is
enforceable in any part
of the judicial region
[Sec. 21, B.P. 129
which modified the
term judicial district in
Sec. 2, Rule 102 into
judicial region] where
the judge sits
Where returnable If issued by: If issued by: If issued by:

1. SC/CA, or a 1. SC or any of its 1. SC or any of its
member thereof, justices, returnable justices, before
returnable before before such court such Court or any
such court or any or any justice justice thereof, or
member thereof or thereof, or before CA/SB or any of its
an RTC the CA/SB or any justices, or the
2. RTC, or a judge of their justices, or RTC of the place
thereof, returnable to any RTC of the where the
before himself place where the petitioner or
[Sec. 2] threat, act or respondent
omission was resides/has
committed or any jurisdiction over
of its elements the place where
occurred the data or
2. CA/SB or any of information is
their justices, gathered, stored or
Page 13 of 46
returnable before collected

such court or any 2. CA/SB or any of its
justice thereof, or justices, before
to any RTC of the such court or any
place where the justice thereof, or
threat, act, or RTC (same with
omission scenario SC
committed or any issued and then
of its elements returned in RTC)
occurred 3. RTC, returnable
3. RTC or any judge before such court
thereof, returnable or judge [Sec. 4]
before such court
or judge [Sec. 3]
Docket fees Upon the final Petitioner shall be None for indigent
disposition of such exempted from the petitioner
proceedings the court payment of the docket
or judge shall make and other lawful fees Petition shall be
such order as to costs docketed and acted
as the case requires Court, justice or judge upon immediately,
[Sec. 19] shall docket the without prejudice to
petition and act upon it subsequent
immediately [Sec 4] submission of proof of
indigency not later
than 15 days from
filing [Sec. 5]
Essential allegations/ Signed and verified Signed and verified Verified and written
Contents of petition either by the party for and shall allege petition shall contain
whose relief it is 1. The personal 1. Personal
intended or by some circumstances of circumstances of
person on his behalf, the petitioner petitioner and
setting forth 2. Name or respondent
1. The person in appellation and 2. Manner the right to
whose behalf the circumstances of privacy is violated
application is the respondent or threatened and
made is 3. The right to life, its effects
imprisoned or liberty, and 3. Actions and
restrained of his security violated or recourses taken by
liberty threatened with the petitioner to
2. Name of the violation secure the data or
person detaining 4. The investigation information
another or conducted, if any, 4. The location of the
assumed plus files, registers, or
appellation circumstances of databases, the
3. Place where he is each government office,
imprisoned or 5. The actions and and the person in
restrained of his recourses taken by charge or control
liberty the petitioner 5. The reliefs prayed
4. Cause of detention 6. Relief prayed for for
[Sec. 3] 6. Such other
May include a general relevant reliefs as
Page 14 of 46
prayer for other just are just and

and equitable reliefs equitable [Sec. 6]
[Sec. 5]
When proper Court or judge must, Upon the filing of the Upon filing of the
when a petition is petition, the court, petition, the court,
presented and it justice, or judge shall justice, or judge shall
appears that it ought immediately order the immediately order the
to issue, grant the issuance of the writ if issuance of the writ if
same and then: on its face it ought to on its face it ought to
1. the clerk of court issue: issue:
(CoC) shall issue 1. CoC shall issue 1. CoC shall issue
the writ under the the writ under the the writ under the
seal of the court or seal of the court or seal of the court
2. in case of 2. In case of urgent and cause it to be
emergency, the necessity, the served within 3
judge may issue justice or the judge days from
the writ under his may issue the writ issuance or
own hand, and under his or her 2. In case of urgent
may deputize any own hand, and necessity, the
officer or person to may deputize any justice or judge
serve it officer or person to may issue the writ
serve it [Sec. 6] under his or her
Also proper to be own hand, and
issued when the court may deputize any
or judge has examined officer or person to
into the cause of serve it [Sec. 7]
restraint of the
prisoner, and is
satisfied that he is
unlawfully imprisoned
[Sec. 5]
Service Writ may be served in The writ shall be The writ shall be
any province by the (a) served upon the served upon the
sheriff, (b) other respondent by a respondent by a
proper officer, or (c) judicial officer or by a judicial officer or by a
person deputed by the person deputized by person deputized by
court or judge. the court, justice or the court, justice or
judge who shall retain judge who shall retain
Service is made by a copy on which to a copy on which to
leaving the original make a return of make a return of
with the person to service. service.
whom it is directed
and preserving a copy In case the writ cannot In case the writ cannot
on which to make be served personally be served personally
return of service. on the respondent, the on the respondent, the
If that person cannot rules on substituted rules on substituted
be found, or has not service shall apply service shall apply
the prisoner in his [Sec. 8] [Sec. 9]
custody, service shall
be made on any other
person having or
Page 15 of 46
exercising such
custody [Sec. 7]
Respondent May or may not be an Respondent is a public A public official or

officer [Sec. 6] official or employee or employee or a private
private individual or individual or entity
entity [Sec. 1] engaged in gathering,
collecting or storing
data [Sec. 1]
How executed and The officer to whom Respondent files the Respondent files the
returned the writ is directed return [Sec. 9] return [Sec. 10]
shall convey the
person so imprisoned
or restrained before:
1. the judge allowing
the writ, or
2. in his absence or
disability, before
some other judge
of the same court
on the day specified in
the writ, unless person
directed to be
produced is sick or
infirm, and cannot,
without danger, be
brought therein.
Officer shall then

make the due return of
the writ, with the day
and cause of the
caption and restraint
according to the
command thereof
[Sec. 8]
When to file return On the day specified Within 5 working days Same as Amparo
on the writ [Sec. 8] after service of the writ [Sec. 10]
[Sec. 9]
Contents of Return When the person to be Within 5 working days 1. Lawful defenses
produced is after service of the such as national
imprisoned or writ, the respondent security, state
restrained by an shall file a verified secrets, privileged
officer, the person who written return together communications,
makes the return shall with supporting confidentiality of
state, and in other affidavits which shall, the source of
cases the person in contain information of
whose custody the 1. Lawful defenses media etc.
prisoner is found shall 2. The steps or 2. In case of
state in writing to the actions taken to respondent in
Page 16 of 46
court or judge before determine the fate charge, in

whom the writ is or whereabouts of possession or in
returnable: the aggrieved control of the data
1. Truth of party or information
custody/power 3. All relevant subject of the
over the aggrieved information in the petition
party possession of the a. A disclosure
2. If he has custody respondent of the data or
or power, or under pertaining to the information
restraint, the threat, act or about the
authority and the omission against petitioner, the
cause thereof, with the aggrieved nature of
a copy of the writ, party such data or
order, execution or 4. If the respondent information,
other process, if is a public official and the
any upon which or employee, the purpose for
the party return shall further its collection
is held state acts b. The steps or
3. If the party is in his a. To verify actions taken
custody or power, identity of by the
and is not aggrieved respondent to
produced, party ensure the
particularly the b. To recover security and
nature and gravity and preserve confidentiality
of the sickness or evidence of the data or
infirmity c. To identify information
4. If he has had the and collect c. The currency
party in his witness and accuracy
custody or power, statements of the data or
and has d. To determine information
transferred such cause, held
custody or manner, d. Other
restraint to location, and allegations
another, time of death relevant to
particularly to or the resolution
whom, at what disappearanc of the
time, for what e proceeding
cause, and by e. To identify [Sec.10]
what authority and
such transfer was apprehend
made [Sec. 10] persons
involve
f. To bring
suspected
offenders
before a
competent
court [Sec.9]
Formalities of return Return or statement Respondent shall file a Respondent shall file a
shall be signed and verified written return verified written return
sworn to by the person together with together with
who makes it if the supporting affidavits supporting affidavits
Page 17 of 46
prisoner is not [Sec. 9] [Sec. 10]

produced, unless the
return is made and
signed by a sworn
public officer in his
official capacity [Sec.
11]
Penalties for 1. CoC who refuses 1. Contempt without 1. Contempt without

refusing to issue or to issue the writ prejudice to other prejudice to other
serve OR for faulty after allowance disciplinary actions disciplinary actions
return and demand, or a. CoC who a. CoC who
2. A person to whom refuses to refuses to
a writ is directed, issue the writ issue the writ
who after its after its
a. neglects/refus allowance, or allowance, or
es to obey or b. A deputized b. A deputized
make return person who person who
of the same refuses to refuses to
according to serve the writ serve the writ
the command [Sec. 7] [Sec. 8]
thereof 2. Contempt 2. Contempt
b. or makes punishable by punishable by
false return, imprisonment or a imprisonment or a
c. or upon fine fine
demand a. A respondent a. A respondent
made by or who refuses who refuses
on behalf of to make a to make a
the prisoner, return, or return, or
refuses to the b. A respondent b. A respondent
person who makes a who makes a
demanding, false return, false return,
within 6 hours or or
a true copy of c. Any person c. Any person
the warrant or who who
order or otherwise otherwise
commitment disobeys or disobeys or
shall forfeit to the party resist a lawful resist a lawful
aggrieved the sum of process or process or
P1000, recoverable in order of the order of the
a proper action, and court [Sec. court [Sec.
may also be punished 16] 11]
for contempt [Sec. 16]
Is period of return - No, not even on highly Yes, for justifiable

extendable? meritorious grounds. reasons [Sec. 10]
Note: Motion for

extension of time to
file a return is a
prohibited pleading
[Sec. 11]
Page 18 of 46
Is a general denial - Not allowed [Sec. 9] Not allowed [Sec. 10]

allowed?
Effect of failure to - Court or justice shall Court, judge, or justice

file return proceed to hear the shall hear the motion
petition ex parte [Sec. ex parte, granting the
12] petitioner such reliefs
as the petition may
warrant
Unless the court in its

discretion requires the
petitioner to submit
evidence [Sec. 14]
Nature of hearing Summary. Summary. Summary.
The writ does not act However, the court, With possibility of
upon the prisoner who justice, or judge may preliminary conference
seeks relief, but upon call for a preliminary similar to Amparo
the person who holds conference to simplify [Sec. 14]
him in what is alleged the issues and look at
to be unlawful the possibility of Hearing in chambers
authority [Caballes v. obtaining stipulations may be conducted
CA, G.R. No. 163108 and admissions from where respondent
(2005) the parties. invokes the defense of
national security or
Same priority as state secrets, or the
petitions for Habeas data is of privileged
corpus [Sec. 13] character [Sec. 12]
Date and time of As specified in the writ As specified in the As specified in the
hearing [Sec. 8] writ, not later than 7 writ, not later than 10
days from the working days from the
issuance of the writ date of issuance of the
[Sec. 6] writ [Sec. 7]
Prohibited pleadings In custody of minors a 1. Motion to dismiss Same as Amparo

motion to dismiss, 2. Motion for [Sec. 13]
except on the ground extension of time
of lack of jurisdiction to file opposition,
[Sec. 6, Rule on affidavit, position
Custody of Minors and paper and other
WHC] pleadings
3. Dilatory motion for
postponement
4. Motion for bill of
particulars
5. Counterclaims or
cross-claims
6. Third-party
complaint
7. Reply
Page 19 of 46
8. Motion to declare
respondent in
default
9. Intervention
10. Memorandum
11. Motion for
reconsideration of
interlocutory
orders or interim
relief orders
12. Petition for
certiorari,
mandamus, or
prohibition [Sec.
11]
Burden of Clear and convincing Substantial evidence Substantial evidence

proof/Standard of evidence [Dizon v. 1. if respondent is a required to prove the
diligence Eduardo, G.R. No. L- private individual allegations in the
59118 (1988)] or entity, ordinary petition [Sec. 16]
diligence
2. if public official or
employee,
extraordinary
diligence [Sec. 17]
Presumption of Yes. If warrant of Public official or -

official duty commitment is in employee cannot
pursuance with law, it invoke the
serves as prima facie presumption that
cause of restraint. official duty has been
regularly performed
[Sec. 17]
Interim reliefs - Upon filing of the -

petition or at any time
before final judgment,
the court, justice or
judge may grant any of
the following reliefs:
1. temporary
protection order
2. inspection order
3. production order
4. Witness protection
order [Sec. 14]
Judgment - Within 10 days from Within 10 days from

the time the petition is the time the petition is
submitted for decision submitted for decision
[Sec. 18] [Sec. 16]
Appeal Within 48 hours from 5 working days from 5 working days from
Page 20 of 46
notice of the judgment the date of notice of the date of notice of

of final order appealed adverse judgment to adverse judgment to
[Sec. 39, B.P. 129] the SC under Rule 45 the SC under Rule 45
[Sec. 19] [Sec. 19]
Institution of - Not precluded

separate actions
Consolidation of - Consolidated with a Consolidated with a

actions criminal action filed criminal action filed
subsequent to the subsequent to the
petition [Sec. 23] petition [Sec. 21]
Effect of filing - No more separate Same as Amparo

criminal action petition shall be filed. [Sec. 21]
Reliefs available by
motion in the criminal
case [Sec. 22]
Q: Distinguish between change of name and administrative correction of first names (Rule 103,
RA No. 9048, and Rule 108)
Answer:
Rule 103 R.A. 9048, as amended Rule 108
Change of first name or

Change of full name nickname, day or month Correction of
or surname (not year) of birthdate, substantial errors or
Scope
(substantial gender, and correction of cancellation of entries
corrections) clerical errors of entries in in Civil Registry
Civil Registry
Judicial: Hearing
necessary;
Adversarial since it
Nature of Judicial: Hearing Administrative: No
involves substantial
proceedings necessary hearing required
changes and affects
the status of
individuals
Any person interested

Any person having direct
in any act, event,
and personal interest in
order or decree
A person desiring to correction of a clerical or
Who may file concerning civil status
change one’s name typographical error in an
of persons which has
entry and/or change of
been recorded in civil
first name or nickname
register
Signed and verified

Initiatory pleading Sworn affidavit Verified petition
petition
RTC of province Local civil registry office RTC of city or

Where to file
where petitioner has of city or municipality province where
Page 21 of 46
Rule 103 R.A. 9048, as amended Rule 108
been residing for 3 where record being corresponding civil

years prior to filing sought to be corrected or registry is located
changed is kept If already
migrated to another place
within the Philippines:
Local civil registrar of
place where interested
party is presently residing
or domiciled Filipino
citizens presently
residing or domiciled in
foreign countries:
Philippine Consulate
a. Births
b. Marriage
c. Deaths
d. Legal
separations
e. Judgments of
annulments of
marriage
a. Correction of clerical
f. Judgments
or typographical
declaring
errors, and
marriages void
b. Change of
Correction of clerical from the
1. First name or
or typographical beginning
nickname
errors in any entry in g. Legitimations
2. Day and month in
civil registry h. Adoptions
date of birth, or
Coverage documents, except i. Acknowledgment
3. Sex of a person
corrections involving s of natural
where it is
change in sex, age, children
patently clear that
nationality and j. Naturalization
there was a
status of a person k. Election, loss or
clerical or
recovery of
typographical
citizenship
error or mistake
l. Civil interdiction
in the entry
m. Judicial
determination of
filiation
n. Voluntary
emancipation of
a minor
o. Changes of
name
Court of Appeals, Court of Appeals,

Where to Appeal Civil Registrar General
under Rule 109 under Rule 109
Page 22 of 46
Q: What is a writ of kalikasan? Q: What is the precautionary principle?
Answer: The writ is a remedy available to a Answer: It states that when human activities
natural or juridical person, entity authorized by may lead to threats of serious and irreversible
law, people’s organization, non-governmental damage to the environment that is scientifically
organization, or any public interest group plausible but uncertain, actions shall be taken
accredited by or registered with any to avoid or diminish that threat. [Sec. 4, Rule 1,
government agency, on behalf of persons A.M. No. 09-6-8-SC]
whose constitutional right to a balanced and
healthful ecology is violated, or threatened with When there is a lack of full scientific certainty
violation by an unlawful act or omission of a in establishing a causal link between human
public official or employee, or private individual activity and environmental effect, the court
or entity, involving environmental damage of shall apply the precautionary principle in
such magnitude as to prejudice the life, health resolving the case before it. The constitutional
or property of inhabitants in two or more cities right of the people to a balanced and healthful
or provinces. [Sec. 1, Rule 7, A.M. No. 09-6-8- ecology shall be given the benefit of the doubt.
SC] [Sec. 1, Rule 20]
Q: What is a writ of continuing mandamus? In applying the precautionary principle, the

following factors, among others, may be
Answer: It is a writ issued by a court in an considered:
environmental case directing any agency or 1. threats to human life or health;
instrumentality of the government or officer 2. inequity to present or future
thereof to perform an act or series of acts generations; or
decreed by final judgment which shall remain 3. prejudice to the environment without
effective until judgment is fully satisfied. [Sec. legal consideration of the
4, Rule 1, A.M. No. 09-6-8-SC] environmental rights of those affected.
[Sec. 2, Rule 20]
Page 23 of 46
CRIMINAL PROCEDURE REMEDIAL LAW LAST MINUTE TIPS
IV. CRIMINAL PROCEDURE Q: Is the accused required to present

evidence in the hearing for application for
A. Arrests bail?
Q: When are arrests without warrant Answer: No. The accused may file a petition
allowed? for bail to determine whether evidence of guilt
is strong. If the judge finds that evidence of guilt
Answer: is not strong, bail may be granted. In such
1. When the person to be arrested has determination, the prosecution has the burden
committed, is actually committing or is of showing that evidence of guilt is strong. [Sec.
attempting to commit an offense in the 8, Rule 114]
presence of the person making the
arrest Q: In what instances may bail be denied or
2. When an offense has just been cancelled?
committed and the person making the
arrest has probable cause to believe Answer: If the penalty imposed by the trial
based on personal knowledge of facts court is imprisonment exceeding six (6) years,
or circumstances that the person to be the accused shall be denied bail, or his bail
arrested has committed it cancelled upon a showing by the prosecution,
3. When the person to be arrested with notice to the accused, of the following or
escaped from a penal establishment or other similar circumstances:
place where he is serving final 1. That he is a recidivist, quasi-recidivist,
judgment or is temporarily confined or habitual delinquent, or has
during his case’s pendency, or has committed the crime aggravated by the
escaped while being transferred from circumstance of reiteration;
one confinement to another. 2. That he has previously escaped from
legal confinement, evaded sentence,
or violated the conditions of his bail
B. Bail without a valid justification;
3. That he committed the offense while
Q: When is bail a matter of right? under probation, parole, or conditional
pardon;
Answer: Bail is a matter of right: 4. That the circumstances of his case
1. before or after conviction, but pending indicate the probability of flight if
appeal, by the first-level courts; and released on bail; or
2. before conviction by RTC of an offense 5. That there is undue risk that he may
not punishable by death, reclusion commit another crime during the
perpetua, or life imprisonment [Sec. 4, pendency of the appeal. [Leviste v.
Rule 114] Court of Appeals, G.R. No. 189122
(2010)]
Q: When is bail a matter of discretion?
Q: In the absence of the above
Answer: Upon conviction by the RTC of an circumstances, will the court automatically
offense not punishable by death, reclusion grant bail?
perpetua, or life imprisonment, admission to
bail is discretionary [Sec. 5, Rule 114]. Answer: No, a finding that none of the
circumstances is present will not automatically
Q: When is bail not allowed? result in the grant of bail. Such finding will
simply authorize the court to use the less
Answer: No person charged with a capital stringent sound discretion approach. [Leviste v.
offense, or an offense punishable by reclusion Court of Appeals, G.R. No. 189122 (2010)]
perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is
strong, regardless of the state of the criminal
prosecution. [Sec. 7, Rule 114]
Page 24 of 46
Q: Is arraignment a requirement before any 7. Criminal action or liability has been
hearings on an application for bail? extinguished;
8. Averments which, if true, would
Answer: No, the arraignment of an accused is constitute a legal excuse or
not a prerequisite to the conduct of hearings on justification;
his petition for bail. A person is allowed to 9. Accused has been previously
petition for bail as soon as he is deprived of his convicted or acquitted of the offense
liberty by virtue of his arrest or voluntary charged, or the case against him was
surrender. An accused need not wait for his dismissed or otherwise terminated
arraignment before filing a petition for bail. without his express consent.
[Serapio v. Sandiganbayan, G.R. No. 148468
(2003)] These are exclusive.
Q: After denial of the first, is a second Q: Under the Revised Guidelines for
application for bail barred by res judicata? Continuous Trial of Criminal Cases, when is
a motion to quash meritorious?
Answer: No, because res judicata does not
apply to criminal proceedings. Expressly Answer: Motions that allege plausible grounds
applicable in civil cases, res judicata settles supported by relevant documents and/or
with finality the dispute between the parties or competent evidence, except those that are
their successors-in-interest. As found in Rule already covered by the Revised Guidelines,
39 of the Rules of Civil Procedure, it is a are meritorious motions, such as a motion to
principle in civil law and “has no bearing on quash the information on the grounds that the
criminal proceedings.” [People v. Escobar, facts charged do not constitute an offense, lack
G.R. No. 214300 (2017)] of jurisdiction, extinction of criminal action or
liability, or double jeopardy under Sec. 3, par.
Q: Does an application for bail amount to a (a), (b), (g), and (i), Rule 117. If the grounds
waiver of objections? mentioned are not present, it is a prohibited
motion that will be denied outright before the
Answer: No, bail is not a bar to objections on scheduled arraignment without need of
illegal arrest, lack of or irregular preliminary comment and/or opposition.
investigation. An application for or admission to
bail shall not bar the accused Q: May a complaint or information be
amended if a motion to quash such
C. Motion To Quash complaint or information is based on an
alleged defect of such?
Q: What are the grounds for a motion to
quash? Are they exclusive? Answer: If the motion to quash is based on an
alleged defect in the complaint or information
Answer: which can be cured by amendment, the court
1. Facts charged do not constitute an shall order the amendment to be made. [Sec.
offense; 4, Rule 117]
2. Court trying the case has no jurisdiction
over the offense charged; Q: What is the exception to the rule
3. Court trying the case has no jurisdiction prohibiting duplicity of offenses in a single
over the person of the accused; information?
4. Officer who filed the information had no
authority to do so; Answer: Excepted from rule prohibiting
5. The information does not conform duplicity of offenses in a single information are
substantially to the prescribed form; special complex crimes or those crimes that
(e.g. if there is no certification); may be complexed under Art. 48 of the Revised
6. More than one offense is charged, Penal Code.
except when a single punishment for
various offenses is prescribed by law;
Page 25 of 46
Q: What is the remedy of the accused if his injunction [Brocka v. Enrile, G.R. No. 69863-65
motion to quash is denied? (1990)] for the reason that public interest
requires that criminal acts be immediately
Answer: When the motion to quash is denied, investigated and prosecuted for the protection
the accused should: of society [Domingo v. Sandiganbayan, G.R.
1. plead; No. 109376 (2000)]
2. go to trial without prejudice to the
special defenses he invoked in the The following are the exceptions:
motion; and
3. appeal from the judgment of conviction, 1. To afford adequate protection to the
if any, and interpose the denial of the constitutional rights of the accused
motion as an error. 2. For the orderly administration of justice
3. To avoid oppression or multiplicity of
D. Demurrer to Evidence suits
4. Where there is a prejudicial question
Q: What is a demurrer to evidence? which is sub judice
5. Where acts of the officer are without or
Answer: A demurrer to evidence is a motion to in excess of authority
dismiss for dismissal on the ground that upon 6. When the prosecution is under an
the facts and the law the plaintiff has shown no invalid law, ordinance or regulation
right to relief. It is filed after the plaintiff has 7. When double jeopardy is clearly
completed presentation of his evidence. apparent
8. When the court has no jurisdiction over
Q: What is the effect of granting the the offense
demurrer to evidence? 9. When it is a case of persecution rather
than prosecution
Answer: If the demurrer is granted, the case 10. Where the charges are manifestly false
shall be dismissed. [Sec. 1, Rule 33] and motivated by vengeance
11. Where there is no prima facie case and
Q: Is the order granting the demurrer a motion to quash on that ground has
appealable? been denied
12. Where preliminary injunction has been
Answer: The order denying the demurrer to issued by the SC to prevent the
evidence shall not be the subject of an appeal threatened unlawful arrest of
or petition for certiorari, prohibition or petitioners [Brocka v. Enrile, G.R. No.
mandamus before judgment. [Sec. 2, Rule 33] 69863-65 (1990)]
13. To prevent the use of the strong arm of
Q: What is the effect of the denial of the the law in an oppressive and vindictive
demurrer to evidence? manner [Hernandez v. Albano, G.R.
No. L-19272 (1967)]
Answer: If the demurrer is denied, the
defendant shall have the right to present his F. Judicial Affidavit Rule
evidence. [Sec. 1, Rule 33]
Q: What is the Application of the judicial
E. When Injunction May Be affidavit rule?
Issued to Restrain Criminal Answer:
Prosecution
1. The Judicial Affidavit Rule shall apply
Q: May criminal prosecutions be the to all criminal actions:
subject of prohibition or injunction by the a. Where the maximum of the
courts? imposable penalty does not
exceed six years;
Answer: Generally, criminal prosecution may b. Where the accused agrees to
NOT be blocked by court prohibition or the use of judicial affidavits,
Page 26 of 46
irrespective of the penalty on the same rationale (i.e., efficient
involved; or administration of justice), the right to
c. With respect to the civil aspect speedy trial may only be invoked
of the actions, whatever the against the courts of law. On the other
penalties involved are. hand, the right to speedy disposition of
2. The prosecution shall submit the cases may be invoked before any
judicial affidavits of its witnesses not tribunal, whether judicial or quasi-
later than five days before the pre-trial, judicial. Thus, what is important is that
serving copies of the same upon the the accused may already be prejudiced
accused. The complainant or public for the right to speedy disposition of
prosecutor shall attach to the affidavits cases to be invoked.
such documentary or object evidence 2. A case is deemed initiated upon the
as he may have, marking them as filing of a formal complaint prior to a
Exhibits A, B, C, and so on. No further conduct of a preliminary investigation.
judicial affidavit, documentary, or Thus, the fact-finding investigations
object evidence shall be admitted at (administrative function) prior to the
the trial. filing of the complaint shall NOT be
3. If the accused desires to be heard on included in the determination of
his defense after receipt of the judicial whether there has been inordinate
affidavits of the prosecution, he shall delay. The Ombudsman must set
have the option to submit his judicial reasonable periods for the preliminary
affidavit as well as those of his investigation, taking into account the
witnesses to the court within ten days complexities and nuances of each
from receipt of such affidavits and case.
serve a copy of each on the public and 3. The courts must determine which party
private prosecutor, including his carried the burden of proof.
documentary and object evidence 4. The determination of the length of
previously marked as Exhibits 1, 2, 3, delay is never mechanical or a mere
and so on. These affidavits shall serve mathematical reckoning but through
as direct testimonies of the accused the examination of the facts and
and his witnesses when they appear circumstances of each case. Courts
before the court to testify. [Sec. 9, AM should appraise a reasonable period
12-8-8-SC] from the point of view of how much time
a competent and independent public
G. Right to Speedy Trial officer would need in relation to the
complexity of a given case.
Q: What is the right to speedy trial? 5. The right to speedy disposition of
cases or the right to speedy trial must
Answer: be timely raised. Otherwise, the
accused is deemed to have waived his
SECTION 9. Dismissal on Ground of Denial of right [Cagang v. Sandiganbayan, G.R.
the Right to Speedy Trial. — The case against No. 206438]
the detained accused may be dismissed on
ground of denial of the right to speedy trial in H. Prejudicial Question
the event of failure to observe the above time
limits. [Guidelines for Decongesting Holding Q: What is a prejudicial question?
Jails by Enforcing the Rights of the Accused
Persons to Bail and to Speedy Trial] Answer: It is a question based on a fact distinct
and separate from the crime but so intimately
Guidelines on determining whether the right to connected with it that it determines the guilt or
speedy trial has been violated innocence of the accused [Ras v. Rasul, G.R.
No. L-50411 (1980)]
1. The right to speedy disposition of
cases must be differentiated from the
right to speedy trial. Although founded
Page 27 of 46
Q: What are the elements of a prejudicial
question?
Answer:
a. The previously instituted civil action
involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action.
b. The resolution of such issue
determines whether or not the criminal
action may proceed. [Sec. 7, Rule 111]
K. Judgement
Q: What are the consequences of the
accused’s absence at the promulgation of
judgment?
Answer: If the judgment is for conviction and

there is no justifiable cause for the absence,
the accused loses the remedies against the
judgment and the court shall order his arrest.
However, within 15 days from promulgation, he
may surrender and file a motion for leave of
court to avail of these remedies. He shall state
the reasons for his absence.
If the absence was for justifiable cause, he will

be allowed to avail of the remedies within 15
days from notice. [Rule 120, Sec. 6]
L. Search and Seizure

Q: What is the rule with regard to searches
of a moving vehicle?
Answer: Warrantless search and seizure of

moving vehicles are allowed in recognition of
the impracticability of securing a warrant under
said circumstances as the vehicle can be
quickly moved out of the locality or jurisdiction
in which the warrant may be sought. Such
searches are limited to routine checks where
the examination of the vehicle is limited to
visual inspection.
An extensive search of a vehicle is permissible

only when the officers made it upon probable
cause that the vehicle contains an object which
is subject to seizure.
Note that in this search, the target must be the

vehicle and not a specific person. [People v
Sapla, GR 244045, June 16, 2020]
Page 28 of 46
EVIDENCE REMEDIAL LAW LAST MINUTE TIPS
V. EVIDENCE 2. consistent with the declarant’s

testimony and is offered to rebut an
express or implied charge against the
Q: What is the Original Document Rule?
declarant of recent fabrication or
improper influence or motive; or
Answer: When the subject of inquiry is the
3. one of identification of a person made
contents of a document, writing, recording,
after perceiving him or her. [Sec. 37,
photograph or other record, no evidence is
par. 2, Rule 130, as amended]
admissible other than the original document
itself. [Rule 130, Sec. 3, as amended].
Q: What is the Principle of Independently
Relevant Statements?
Q: When is Secondary Evidence allowed?
Answer: The doctrine on independently
Answer: When the original document has
relevant statements holds that conversations
been lost or destroyed, or cannot be produced
communicated to a witness by a third person
in court, the offeror, upon proof of its execution
may be admitted as proof that, regardless of
or existence and the cause of its unavailability
their truth or falsity, they were actually made.
without bad faith on his or her part, may prove
Evidence as to the making of such statements
its contents:
is not secondary but primary, for in itself it (a)
1. by a copy, or
constitutes a fact in issue or (b) is
2. by recital of its contents in some
circumstantially relevant to the existence of
authentic document, or
such fact. [Republic v. Heirs of Alejega, G.R.
3. by the testimony of witnesses in the
No. 146030 (2002)]
order stated.
Q: What are the exceptions to the hearsay
The order stated must be followed.
rule and their requisites?
Q: What is the Hearsay Rule?
Answer: The following are the exceptions to
the hearsay rule:
Answer: Hearsay evidence is inadmissible,
except as otherwise provided in these Rules.
1. Dying declaration
[Sec. 37, par. 1, Rule 130, as amended]
a. That death is imminent and the
declarant is conscious of that fact;
Q: What is hearsay?
b. That the declaration refers to the cause
and the surrounding circumstances of
Answer: Hearsay is a statement other than
such death;
one made by the declarant while testifying at a
c. That the declaration relates to facts
trial or hearing, offered to prove the truth of the
which the victim is competent to testify
facts asserted therein.
to;
d. That the declaration is offered in a case
A statement is
wherein the declarant’s death is the
1. an oral or written assertion or
subject of the inquiry [People v.
2. a non-verbal conduct of a person, if it is
Serenas, G.R. No. 188124, 29 June
intended by him or her as an assertion.
2010; People v. Umapas, G.R. No.
215742, 22 March 2010].
Q: What is NOT hearsay?
2. Statement of decedent or person of unsound
Answer: A statement is not hearsay if the
mind
declarant testifies at the trial or hearing and is
a. An action upon a claim or demand
subject to cross-examination concerning the
against the estate of the deceased
statement, and the statement is:
person or against the person of
1. inconsistent with the declarant’s
unsound mind;
testimony, and was given under oath
b. The action is against an executor or
subject to the penalty of perjury at a
administrator or other representative of
trial, hearing, or other proceeding, or in
a deceased person, or against a
a deposition;
person of unsound mind;
Page 29 of 46
c. A party or assignor of a party or a 5. Family reputation or tradition regarding
person in whose behalf a case is pedigree
prosecuted testifies on a matter of fact a. Witness testifying as to reputation or
occurring before the death of the tradition must be a member, by
deceased person or before the person consanguinity, affinity, or adoption, of
became of unsound mind; the same family as the subject;
d. the statement was made upon the b. Such tradition or reputation must have
personal knowledge of the deceased or existed in that family ante litem motam.
the person of unsound mind; [Rule 130, Sec. 42, as amended; see
e. at a time when the matter had been also People v. Soriano, G.R. No.
recently perceived by him or her and 154278, 27 December 2002].
while his or her recollection was clear;
and 6. Common reputation
f. such statement should not be made a. The subject of inquiry must be facts as
under circumstances indicating its lack to boundaries of or customs affecting
of trustworthiness [Rule 130, Sec. 39, lands in the community, and reputation
as amended] as to events of general history
important to the community, or
3. Declaration against interest respecting marriage or moral
a. The declaration is made by: character;
i. a person deceased; or b. The evidence must refer to facts ante
ii. a person who is unable to litem motam;
testify [i.e., in foreign country or c. The facts may be established by:
with physical/mental i. Testimonial evidence of
impairments]; competent witness;
b. The declaration is against the interest ii. Monuments and inscription in
of the declarant; public places;
c. The fact asserted in the declaration iii. Documents containing
was at the time it was made so far statements of reputation.
contrary to declarant's own interest,
that a reasonable man in his position 7. Part of the Res Gestae
would not have made the declaration, a. For spontaneous statements:
unless he believed it to be true [Rule i. the principal act, the res
130, Sec. 40; Fuentes v. Court of gestae, is a startling
Appeals, G.R. No. 111692, 9 February occurrence;
1996]. ii. the statements were made
before the declarant had time
4. Act or declaration about pedigree to contrive or devise;
a. The actor or declarant is dead or iii. the statements were under the
unable to testify; stress of excitement caused by
b. The act or declaration is made by the the occurrence; and
person related to the subject by birth, iv. the statements concerned the
adoption, or marriage or, in the occurrence in question and its
absence thereof, with whose family he immediately attending
or she was so intimately associated as circumstances (prior or
to be likely to have accurate subsequent) [Rule 130, Sec.
information concerning his or her 44; People v. Calinawan, G.R.
pedigree; No. 226145, 13 February 2017]
c. The relationship between the declarant b. For verbal acts:
or the actor and the subject is shown by i. The principal act to be
evidence other than such act or characterized must be
declaration; equivocal;
d. The act or declaration was made prior ii. The equivocal act must be
to the controversy. [Rule 130, Sec. 41, relevant to the issue;
as amended]
Page 30 of 46
iii. The verbal act must be b. A witness expert in the subject testifies,
contemporaneous with the that the writer of the statement in the
equivocal act; treatise, periodical or pamphlet is
iv. The verbal act must give legal recognized in his profession or calling
significance to the equivocal as an expert in the subject [Rule 130,
act [Talidano v. Falcom Sec. 47].
Maritime & Allied Service, Inc.
G.R. No. 172031, 14 July 11. Testimony or deposition at a former trial
2008]. a. Witness is dead or out of the
Philippines or cannot, with due
8. Records of regularly conducted business diligence, be found therein, or is
activity unavailable or otherwise unable to
a. Testimony of a custodian or other testify;
qualified witness; b. His testimony or deposition was given
b. On a memorandum, report, record or in a former case or proceeding, judicial
data compilation of acts, events, or administrative, between the same
conditions, opinions, or diagnoses, parties or those representing the same
made by writing, typing, electronic, interests;
optical or other similar means; c. The former case involved the same
c. The memorandum, report, record, or subject as that in the present case,
data compilation was made at or near although on different causes of action;
the time of or from transmission or d. The issue testified to by the witness in
supply of information; the former trial is the same issue
d. Such are kept in the regular course or involved in the present case; and
conduct of a business activity; e. The adverse party had an opportunity
e. It was a regular practice to make the to cross-examine the witness in the
memorandum, report, record, or data former case. [Rule 130, Sec. 48, as
compilation; and amended]
f. The person testifying has personal
knowledge thereof [Rule 130, Sec. 45, 12. Residual Exception
as amended] a. the statement is offered as evidence of
a material fact;
9. Entries in official records b. the statement is more probative on the
a. Entries were made by: point for which it is offered than any
i. a public officer in the other evidence which the proponent
performance of his or her can procure through reasonable
duties; or efforts; and
ii. by a person in the performance c. the general purposes of these rules
of a duty specially enjoined by and the interests of justice will be best
law; served by admission of the statement
b. The entrant had personal knowledge of into evidence.
the facts stated by him or such facts
were acquired by him or her from Q: What is the Residual Exception to the
reports made by persons under a legal Hearsay Rule?
duty to submit the same; and
c. Such entries were duly entered in a Answer: A statement not specifically covered
regular manner in the official records by any of the foregoing exceptions, having
[Alvarez v. PICOP Resources, G.R. equivalent circumstantial guarantees of
No. 162243, 3 December 2009]. trustworthiness, is admissible if the court
determines that:
10. Learned treatises a. the statement is offered as evidence of
a. The court takes judicial notice of a material fact;
published treatise, periodical or b. the statement is more probative on the
pamphlet on a subject of history, law, point for which it is offered than any
science or art; or other evidence which the proponent
Page 31 of 46
can procure through reasonable injurious to the public interest. [Sec. 24,
efforts; and Rule 130]
c. the general purposes of these rules
and the interests of justice will be best Q: What are the elements of the Marital
served by admission of the statement Privilege Rule and its exceptions?
into evidence. However, a statement
may not be admitted under this Answer:
exception unless the proponent makes 1. The husband or the wife
known to the adverse party sufficiently 2. During or after the marriage
in advance of the hearing, or by the 3. Cannot be examined
pre-trial stage in the case of a trial of 4. Without the consent of the other
the main case, to provide the adverse 5. As to any communication received in
party with a fair opportunity to prepare confidence by one from the other
to meet it, the proponent’s intention to during the marriage.
offer the statement and the particulars
of it, including the name and address of The Spouse may testify for or against the other
the declarant. [Rule 130, Sec. 49] even without the consent of the latter
1. In a civil case by one against the other,
Q: What is the rule on privileged or
communications? 2. In a criminal case for a crime
committed by one against the other or
Answer: The following persons cannot testify the latter’s direct descendants or
on matters they learned in specific ascendants. [Sec. 24(a), Rule 130]
circumstances:
1. Husband or Wife on communications Q: Difference between Marital
received in confidence during the Disqualification (Spousal Immunity) Rule
marriage; and Marital Privilege Rule
2. Attorney, or a person reasonably
believed to be licensed to engage in the Answer:
practice of law on communications
Marital Marital Privilege
made by the client or advice offered by
Disqualification
the attorney in the course of
professional employment; As to who can invoke
3. Attorney’s secretary, stenographer, or
clerk, or any other person assisting the Can be invoked only Can be claimed
attorney on knowledge acquired in that if one of the spouses whether or not the
capacity; is a party to the spouse is a party to
4. Physician, psychotherapist, or a action. the action.
person reasonably believed to be
authorized to practice medicine or As to applicability
psychotherapy on confidential
communications made for the purpose Applies only if Can be claimed
of diagnosis or treatment; marriage is existing even
5. Persons, including the patient’s family, at the time the after the marriage
who participated in the diagnosis or testimony is offered. had been dissolved.
treatment under the direction of the
physician or psychotherapist on
confidential communication made for As to prohibition
that purpose;
6. A minister, priest, or person believed to Constitutes a total Applies only to
be so on communications or prohibition against confidential
confessions made to them or advice any testimony communications
offered by them; against the spouse between the
7. A public officer on communications of spouses.
made to them in their official the witness.
confidence if the court finds disclosure
Page 32 of 46
Q: What is the Attorney-Client Privilege • As to a communication relevant
Rule and its requisites? to an issue of breach of duty by
the lawyer to his or her client or
Answer: An attorney or person reasonably by the client to his or her
believed by the client to be licensed to engage lawyer;
in the practice of law cannot, without the 4. Document attested by the lawyer.
consent of the client, be examined as to any • As to a communication relevant
communication made by the client to him or to an issue concerning an
her, or his or her advice given thereon in the attested document to which the
course of, or with a view to, professional lawyer is an attesting witness;
employment, nor can an attorney’s secretary, or
stenographer, or clerk, or other persons 5. Joint clients.
assisting the attorney be examined, without the • As to a communication relevant
consent of the client and his or her employer, to a matter of common interest
concerning any fact the knowledge of which between two or more clients if
has been acquired in such capacity. [Rule 130, the communication was made
Sec. 24] by any of them to a lawyer
retained or consulted in
The following are the requisites of such rule: common, when offered in an
1. Relationship of lawyer and client or action between any of the
when a person is reasonably believed clients, unless they have
by the client to be licensed to engage expressly agreed otherwise.
in the practice of law; [Rule 130, Sec. 24(b)]
2. Privilege is invoked with respect to a
confidential communication between Q: Who are the persons covered by the
them in the course of, or with the view Attorney-Client Privilege Rule?
of professional employment; and
3. Client has not given his consent to the Answer: These are the covered persons of the
disclosure of the communication [Rule rule:
130, Sec. 24(b); Disini v. 1. The attorney;
Sandiganbayan, G.R. No. 180564, 22 2. Person reasonably believed by the
June 2010] client to be licensed to engage in the
practice of law;
Q: What are the exceptions to the Attorney- 3. The attorney's secretary,
Client Privilege Rule? stenographer, or clerk, or other
persons assisting the attorney, without
Answer: These are the exceptions: the consent of the client and his
1. Furtherance of crime or fraud. employer, concerning any fact the
• If the services or advice of the knowledge of which has been acquired
lawyer were sought or obtained in such capacity [Rule 130, Sec. 24(b)].
to enable or aid anyone to
commit or plan to commit what Q: What is the Physician-Patient Privilege
the client knew or reasonably and its requisites?
should have known to be a
crime or fraud; Answer: A physician, psychotherapist or
2. Claimants through the same deceased person reasonably believed by the patient to be
client. authorized to practice medicine or
• As to a communication relevant psychotherapy cannot in a civil case, without
to an issue between parties the consent of the patient, be examined as to
who claim through the same any confidential communication made for the
deceased client, regardless of purpose of diagnosis or treatment of the
whether the claims are by patient’s physical, mental or emotional
testate or intestate or by inter condition, including alcohol or drug addiction,
vivos transaction; between the patient and his or her physician or
3. Breach of duty by lawyer or client. psychotherapist. This privilege also applies to
persons, including members of the patient’s
Page 33 of 46
family, who have participated in the diagnosis to which the minister or priest belongs. [Rule
or treatment of the patient under the direction 130, Sec. 24(d), as amended]
of the physician or psychotherapist. [Rule 130,
Sec. 24(c)] Q: What is the State Secrets Rule?
Its requisites are the following: Answer: A public officer cannot be examined
1. The physician, psychotherapist is during or after his or her tenure as to
authorized to practice medicine or communications made to him or her in official
reasonably believed by the patient to confidence, when the court finds that the public
be authorized to practice medicine or interest would suffer by the disclosure.
psychotherapy;
2. The information was acquired or the The communication shall remain privileged,
advice or treatment was given by him even in the hands of a third person who may
in his professional capacity for the have obtained the information, provided that
purpose of treating and curing the the original parties to the communication took
patient; reasonable precaution to protect its
3. The information, advice or treatment, if confidentiality. [Rule 130, Section 24, last par.]
revealed, would blacken the reputation
of the patient; Q: What is the Parental and Filial Privilege
4. The privilege is invoked in a civil case Rule?
whether the patient is a party thereto or
not [Rule 130, Sec. 24 [c], as Answer: No person shall be compelled to
amended]. testify against his or her parents, other direct
ascendants, children or other direct
Note: This privilege only applies to civil cases. descendants, except when such testimony is
indispensable in a crime against that person or
Q: What is a psychotherapist? by one parent against the other. [Rule 130,
Sec. 25, as amended].
Answer: A “psychotherapist” is:
1. A person licensed to practice medicine No descendant shall be compelled, in a
engaged in the diagnosis or treatment criminal case, to testify against his parents and
of a mental or emotional condition, or grandparents, except when such testimony is
2. A person licensed as a psychologist by indispensable in a crime against the
the government while similarly descendant or by one parent against the other
engaged. [Rule 130, Sec. 24(c)] [Family Code, Article 215]
Q: What is the effect of the presence of third Q: What is the rule on the privilege relating
parties? to trade secrets?
Answer: Under the Amended Rules, the Answer: A person cannot be compelled to
privilege also applies to persons, including testify about any trade secret, unless the non-
members of the patient's family, who have disclosure will conceal fraud or otherwise work
participated in the diagnosis or treatment of the injustice. When disclosure is directed, the court
patient under the direction of the physician or shall take such protective measure as the
psychotherapist. [Rule 130, Sec. 24(c)] interest of the owner of the trade secret and of
the parties and the furtherance of justice may
Q: What is the Minister/Priest-Penitent require. [Rule 130, Sec. 26]
Privilege Rule?
Q: What is the Res inter alios acta Rule?
Answer: A minister, priest or person
reasonably believed to be so cannot, without Answer: “Res inter alios acta alteri nocere non
the consent of the affected person, be debet” — Things done between strangers
examined as to any communication or ought not to injure those who are not parties to
confession made to or any advice given by him them [Black’s Law Dictionary]
or her, in his or her professional character, in
the course of discipline enjoined by the church
Page 34 of 46
This principle provides that the rights of a party 3. Admission by privies [Sec. 32, Rule 130]
cannot be prejudiced by an act, declaration, or a. There must be an act, declaration, or
omission of another. Consequently, an omission by a predecessor-in-interest
extrajudicial confession is binding only upon b. The act, declaration, or omission of the
the confessant, is not admissible against his or predecessor-in-interest must have
her co-accused, and is considered hearsay occurred while he was holding the title
against them. [Tamargo v. Awingan, G.R. No. to the property;
177727 (2010)] c. The admission relates to the property.
This rule has two branches: 4. Interlocking confession [People v. Muit, G.R.
1. First branch: Admission by a third party No. 181043 (2008)]
[Sec. 29, Rule 130]
2. Second branch: Similar acts as 5. Admission by silence [Sec. 33, Rule 130]
evidence [Sec. 35, Rule 130] a. He must have heard or observed the
act or declaration of the other person;
Q: What is the rule on Admissions by a b. He must have had the opportunity to
Third Party? deny it;
c. He must have understood the act or
Answer: The general rule is that the rights of a declaration;
party cannot be prejudiced by an act, d. The facts are within his knowledge;
declaration, or omission of another. [Sec. 29, e. He must have an interest to object, as
Rule 130] he would naturally have done if the act
or declaration was not true; and
Admission by a third party is inadmissible as f. The fact admitted or the inference to be
against another. The act, declaration or drawn from his silence is material to the
omission of another is generally irrelevant, and issue [People v. Coral y Pabrua, G.R.
that in justice, a person should not be bound by No. 86220 (1990)]
the acts of mere unauthorized strangers.
Q: What is the effect of the death of a state
The exceptions to this rule and their requisites witness on the admissibility of their
are the following: testimony during the discharge
proceedings?
1. Partner’s or Agent’s Admission [Sec. 30,
Rule 130] Answer: Under Section 17 of Rule 119, the
a. Evidence aliunde of the partnership or testimony of the witness during the discharge
agency apart from the act or proceedings will only be admissible if the court
declaration; denies the motion to discharge the accused as
b. Authority from the party to make a a state witness. While Section 18 requires the
statement on the subject or the act or presentation of the state witness during trial
declaration was within the scope of the proper, the non-compliance of the requirement
authority; and only prevents the order of discharge from
c. Existence of the partnership or agency operating as an acquittal; it does not have the
at the time of the act or declaration effect of rendering the testimonies of the state
witness during discharge proceedings
2. Admission by conspirator [Sec. 31, Rule inadmissible. [People v. Dominguez, G.R. No.
130] 229420 (2018)]
a. Evidence aliunde of the conspiracy
apart from the act or declaration of a Q: How must evidence be offered?
conspirator;
b. The admission relates to a common Answer: Testimonial evidence is offered at the
object time the witness is called to testify, while
c. The admission was made while the documentary or object evidence is offered after
declarant was engaged in carrying out the presentation of a party’s testimonial
the conspiracy [People v. Tena, G.R. evidence. All evidence must be offered orally.
No. 100909 (1992)] [Sec. 35, Rule 132]
Page 35 of 46
Q: What is the rule on the tender of witness or affidavit except for meritorious
excluded evidence? reasons. [Sec. 6, Rule 7]
Answer: If documents or things offered in Q: When is judicial notice mandatory?

evidence are excluded by the court, the offeror
may have the same attached to or made part Answer: A court shall take judicial notice,
of the record. If the evidence excluded is oral, without the introduction of evidence, of the
the offeror may state for the record the name existence and territorial extent of states, their
and other personal circumstances of the political history, forms of government and
witness and the substance of the proposed symbols of nationality, the law of nations, the
testimony. [Sec. 40, Rule 132] admiralty and maritime courts of the world and
their seals, the political constitution and history
Before tender of excluded evidence is made, of the Philippines, official acts of the legislative,
the evidence must have been formally offered executive and judicial departments of the
before the court. And before a formal offer of National Government of the Philippines, the
evidence is made, the evidence must have laws of nature, the measure of time, and the
been identified and presented before the court geographical divisions.
[Yu v. C.A., G.R. No. 154115 (2005)]
Note: While courts are required to take judicial
Q: What is the rule on presumptions in civil notice of the laws enacted by Congress, the
cases? rule with respect to local ordinances is
different.
Answer: In all civil actions and proceedings
not otherwise provided for by the law or these Ordinances are not included in the
Rules, a presumption imposes on the party enumeration of matters covered by mandatory
against whom it is directed the burden of going judicial notice under Section 1, Rule 129 of the
forward with evidence to rebut or meet the Rules of Court. [Social Justice Society v. Hon.
presumption. If presumptions are inconsistent, Atienza, Jr., G.R. No. 156052, February 13,
the presumption that is founded upon weightier 2008]
considerations of policy shall apply. If
considerations of policy are of equal weight, Q: When may extrajudicial confession of
neither presumption applies. [Sec. 5, Rule 131] guilt be considered a ground for
conviction?
Q: What is the rule on presumptions in
criminal cases? Answer: As a general rule, an extrajudicial
confession made by an accused, shall not be a
Answer: If a presumed fact that establishes sufficient ground for conviction.
guilt is an element of the offense charged, or
negates a defense, the existence of the basic Exception: When corroborated by evidence of
fact must be proved beyond reasonable doubt corpus delicti [Sec. 3, Rule 133]
and the presumed fact follows from the basic
fact beyond reasonable doubt. [Sec. 6, Rule Corpus delicti refers to the substance of the
131] crime; the fact that a crime has actually been
committed. [People v. De Leon, G.R. No.
Q: When must a party’s judicial affidavit be 180762 (2009)]
filed with the court?
Q: What is the rule on DNA evidence vis-a-
Answer: Under the 2019 Rules on Civil vis a person’s right against self-
Procedure, the judicial affidavits of witnesses incrimination?
must now be attached to every pleading that
states a party’s claims or defenses and form an Answer: Obtaining DNA samples from an
integral part thereof. Only witnesses whose accused in a criminal case or from the
judicial affidavits are attached to the pleading respondent in a paternity case, contrary to the
shall be presented by the parties during trial, belief of respondent in this action, will not
and the court will not hear or admit any other violate the right against self-incrimination.
[Herrera v. Alba, G.R. No. 148220 (2005)]
Page 36 of 46
Q: Can a verbal confession spontaneously
and voluntarily given not through
questioning by the police without counsel
be admissible in evidence?
Answer: Yes. Confessions made by the

accused spontaneously and voluntarily to a
police officer not during custodial investigation
is admissible in evidence even if done without
the assistance of a lawyer, and it is not a
violation of his constitutional right under
Section 12, par I, Art III of the 1987 Constitution
[People v Guting, GR 205412, Sept. 9, 2015].
This is also emphasized in Section 2(a) of
Republic Act No. 7438 that requires any person
detained or under custodial investigation to be
assisted by counsel at all times.
Page 37 of 46
APPEALS REMEDIAL LAW LAST MINUTE TIPS
VI. APPEALS Q: What is the doctrine of

finality/immutability of judgment?
A. General Principles Answer:

General Rule: Once a decision or order
Q: What is the nature of the right to appeal? becomes final and executory, it is removed
from the power or jurisdiction of the court which
Answer: It is a statutory privilege and of rendered it to further alter or amend it [Silliman
statutory origin and is available only if granted University v. Fontelo-Paalan, G.R. No. 170948
or if so provided by statute [Yu v. Samson- (2007)].
Tatad, G.R. No. 170979 (2011)].
A judgment that has acquired finality becomes
Q: What are the judgments and final orders immutable and unalterable, and may no longer
subject to appeal? be modified in any respect, even if the
modification is meant to correct erroneous
Answer: An appeal may be taken from a conclusions of fact and law, and whether it be
judgment or final order that completely made by the court that rendered it or by the
disposes of the case, or of a particular matter Highest Court of the land [PNB v. Sps.
therein when declared by the ROC to be Maranon, G.R. No. 189316 (2013)].
appealable [Sec. 1, Rule 41].
Q: What matters are not appealable? Exceptions:
1. Correction of clerical errors [Filipinas
Answer: Palmoil Processing, Inc. v. Dejapa,
1. An order denying a petition for relief or G.R. No. 167332 (2011)]
any similar motion seeking relief from 2. Nunc pro tunc entries [Filipinas Palmoil
judgment; Processing, Inc. v Dejapa]
2. An interlocutory order; 3. Whenever circumstances transpire
3. An order disallowing or dismissing an after finality of the decision, rendering
appeal; its execution unjust and inequitable
4. An order denying a motion to set aside [Apo Fruits Corp. v. Land Bank of the
a judgment by consent, confession or Phils., G.R. No. 164195 (2010)]
compromise on the ground of fraud, 4. In cases of special and exceptional
mistake or duress, or any other ground nature, when it is necessary in the
vitiating consent; interest of justice to direct modification
5. An order of execution; in order to harmonize the disposition
6. A judgment or final order for or against with the prevailing circumstances
one or more of several parties or in [Industrial Timber Corp. v. Ababon,
separate claims, counterclaims, cross- G.R. No. 164518 (2006)]
claims and third-party complaints, 5. In case of void judgments [FGU
while the main case is pending, unless Insurance v. RTC Makati, G.R. No.
the court allows an appeal therefrom; 161282 (2011)]
and 6. Where there is a strong showing that a
grave injustice would result from an
An order dismissing an action without prejudice application of the Rules [Almuete v.
[Sec. 1, Rule 41, as amended by A.M. No. 07- People, G.R. No. 179611 (2013)]
7-12-SC]
When there are grounds for annulment of
Q: What is the remedy against judgments judgment or petition for relief [Gochan v.
and orders not appealable? Mancao, G.R. No. 182314 (2013)]
Answer: In those instances where the

judgment or final order is not appealable, the
aggrieved party may file the appropriate
special civil action under Rule 65 [Sec. 1, Rule
41].
Page 38 of 46
B. Post-Judgment Remedies 3. Petition for review under Rule 43, from

wards, judgments, final orders or
Other Than Appeal resolutions of or authorized by any
quasi- judicial entity in the exercise of
Petition for Relief from Judgment (Rule 38) its quasi- judicial functions
Petition for review on certiorari under Rule 45,
Q: Is a petition for relief from judgment or from judgments or final orders or resolutions of
final order available in case of denial of the CA, the Sandiganbayan, the RTC or other
appeal? courts whenever authorized by law, for cases
where only questions of law are raised or
Answer: Yes, it is. When a judgment or final involved
order is rendered by any court in a case, and a
party thereto, by fraud, accident, mistake or Q: When is an appeal from the RTC to the
excusable negligence, has been prevented Court of Appeals deemed perfected?
from taking an appeal, he may file a petition in
such court and in the same case praying that Answer: An appeal from the Regional Trial
the appeal be given due course. [Sec. 2, Rule Court to the Court of Appeals is deemed
38] perfected as to the appellant upon the filing of
a notice of appeal in the Regional Trial Court in
Annulments of Judgment by the Court of due time or within the reglementary period of
Appeals (Rule 47) appeal. An appeal by record on appeal is
deemed perfected as to the appellant with
Q: What is a collateral attack? respect to the subject matter thereof upon the
approval of the record on appeal filed in due
Answer: In an action to obtain a different relief, time. (Sec. 9, Rule 41)
an attack on the judgment or proceeding is
made as an incident thereof [Hortizuela v. Q: What is the reckoning point of the
Tagufa, G.R. No. 205867 (2015)] reglementary periods for filing appeal?
Q: When is a collateral attack proper? Answer: Period for filing the appeal should be
counted from the date when the parties’
Answer: When there is apparent nullity. The counsel received a copy of the judgment or
collateral attack must be against a challenged final order because that is the effective service
judgment which is void upon its face as where of the decision. When a party is represented by
it is patent that the court which rendered said counsel, service of process must be made on
judgment has no jurisdiction or that the nullity counsel, not on the party [Fajardo v. CA, G.R.
of the judgment is apparent from its own No. 140356 (2001); Sec. 2, Rule 13]
recitals.
Q: Is the CTA still a quasi-judicial agency?
C. Appeals in Civil Procedure:
Modes of Appeal from Answer: Not anymore. The CTA is no longer a
quasi-judicial agency under R.A. 9282, as of
Judgments or Final Orders of April 7, 2004. The CTA is no longer covered by
Various Courts/Tribunals Rule 43. A party adversely affected by a
decision or ruling of the CTA en banc may file
Q: What are the various modes of appeal? with the SC a verified petition for review on
certiorari under Rule 45 [Sec. 11, R.A. 9282
Answer: and A.M. No. 07- 7-12-SC].
1. Ordinary appeals from decisions
rendered by the MTC [Rule 40] and the Q: Do appeals from quasi-judicial agencies
RTC [Rule 41] in the exercise of under Rule 43 apply to judgments or final
original jurisdiction orders issued under the Labor Code?
2. Petition for review under Rule 42, for
cases decided by RTC in exercise of Answer: NO. [Sec. 2, Rule 43] The remedy of
appellate jurisdiction. a party aggrieved by the decision of the NLRC
is to file a MR and, if denied, file a special civil
Page 39 of 46
action for certiorari under Rule 65 within 60 the penalty of death, reclusion perpetua, or life
days from notice of the decision. In observance imprisonment as the circumstances warrant.
of the doctrine of hierarchy of courts, this However, it shall refrain from entering the
should be filed with the CA [St. Martin Funeral judgment and forthwith certify the case and
Homes v. NLRC, G.R. No. 130866 (1998)]. elevate the entire record thereof to the
From the CA, the remedy of the aggrieved Supreme Court for review [Sec. 13, Rule 124]
party is a petition for review by certiorari to the
SC [Dongon v. Rapid Movers and Forwarders, Q: What may the SC do on review?
G.R. No. 163431 (2013)].
Answer: In a criminal case, an appeal to the
Q: What is the scope of the CA’s judgment? SC throws open the whole case for review and
it becomes its duty to correct such errors as
Answer: The CA may: (1) may be found in the judgment appealed from,
Reverse/affirm/modify the judgment; (2) whether or not they were assigned as errors
Increase/reduce the penalty imposed by the [People v. Olfindo, G.R. No. L-22679 (1924)] It
TC; (3) Remand the case to the RTC for new may examine the judgment as to the
trial or retrial; and (4) Dismiss the case [Sec. qualification of the crime and the degree of the
11, Rule 124] penalty imposed [Macali v. Revilla, G.R. No. L-
25308 (1926)] It may also assess and award
Q: Does the CA have the power to receive civil indemnity [Quemuel v. CA, G.R. No. L-
evidence? 22794 (1946)]
Answer: The CA has power to try cases and Q: What is the decision if the SC en banc is
conduct hearings, receive evidence and equally divided in opinion?
perform any and all acts necessary to resolve
factual issues where the court grants a new trial Answer: When the Supreme Court en banc is
based only on the ground of newly-discovered equally divided in opinion or the necessary
evidence [Sec. 12, Rule 124] majority cannot be had on whether to acquit the
appellant, the case shall again be deliberated
Q: What is the period for the CA’s trials? upon and if no decision is reached after re-
deliberation, the judgment of conviction of the
Answer: CA’s trials and hearings must be lower court shall be reversed and the accused
continuous and completed within 3 months, acquitted [Sec. 3, Rule 125]
unless Chief Justice extends. [Sec. 9, BP 129
as amended by RA 7902] Appeals from the Office of the Ombudsman
Q: May a CA decision be reconsidered? An aggrieved party is not without recourse

where the finding of the Ombudsman as to the
Answer: MFR may be filed within 15 days from existence of probable cause is tainted with
notice of the CA judgment or final order, with grave abuse of discretion amounting to lack or
copies served on the adverse party, setting excess of jurisdiction. An aggrieved party may
forth the grounds in support thereof [Sec. 16, file a petition for certiorari under Rule 65 of the
Rule 124] Note: This is not available to the Rules of Civil Procedure before the Supreme
State in case the CA reverses the conviction of Court [Yatco v. Office of the Deputy
the accused since double jeopardy shall have Ombudsman for Luzon, G.R. No. 244775
attached. [Villareal v. Aliga, G.R. No. 166995 (2020)].
(2014)]
Appeals from the Sandiganbayan
Q: When is certification or appeal of cases
to the SC necessary? Decisions and final orders of the
Sandiganbayan shall be appealable to the
Answer: Whenever the CA finds that the Supreme Court by petition for review on
penalty of death, reclusion perpetua, or life certiorari raising pure questions of law in
imprisonment should be imposed in a case, the accordance with Rule 45 of the Rules of Court
court, after discussion of the evidence and the [Sec. 7, P.D. 1606 as amended by Sec. 3, R.A.
law involved, shall render judgment imposing 7975].
Page 40 of 46
TAX REMEDIES REMEDIAL LAW LAST MINUTE TIPS
VII. TAX REMEDIES Commissioner of Internal Revenue, G.R. No.

193301, March 11, 2013 and companion case]
A. Refund Q: For calendar year 2011, FFF, Inc., a VAT-

registered corporation, reported unutilized
Q: Amor Powers, Inc. (API) is a domestic excess input VAT in the amount of
corporation registered with the BIR as a P1,000,000.00 attributable to its zero-rated
value-added taxpayer. API incurred excess sales. Hoping to impress his boss, Mr. G,
input VAT in the amount of P500,000,000.00 the accountant of FFF, Inc., filed with the
on August 3, 2008. Hence, it filed with the Bureau of Internal Revenue (BIR) on
BIR an administrative claim for the refund January 31, 2013 a claim for tax
or credit of these input taxes on August 15, refund/credit of the P1,000,000.00 unutilized
2010. Without waiting for the CIR to act on excess input VAT of FFF, Inc. for 2011. Not
its claim, API filed a Petition for Review with having received any communication from
the CTA on September 15, 2010 before the the BIR, Mr. G filed a Petition for Review
lapse of two years after the close of the with the CTA on March 15, 2013, praying for
taxable quarter concerned. the tax refund/credit of the P1,000,000.00
unutilized excess input VAT of FFF, Inc. for
In its Comment on the Petition, the CIR 2011.
argues that API's Petition should be
dismissed as it was filed before the lapse of a. Did the CTA acquire jurisdiction
the 120-day period given to the CIR by Sec. over the Petition of FFF, Inc.?
112(D) of the NIRC, which became effective b. Discuss the proper procedure and
on January 1, 1998. For the CIR, the 120-day applicable time periods for
period is mandatory and jurisdictional so administrative and judicial claims
that any suit filed before its for refund/credit of unutilized
expiration is premature and, therefore, excess input VAT.
dismissible.
Answer:
API, on the other hand, invokes BIR Ruling a. The CTA has not acquired jurisdiction
No. DA-489-03 issued by the CIR on over the Petition of FFF, Inc. because
December 10, 2003 in answer to a query the judicial claim has been prematurely
posed by the Department of Finance filed on March 15, 2013. The Supreme
regarding the propriety of the actions taken Court ruled that the 30-day period after
by Lazi Bay Resources Development, Inc., the expiration of the 120-day period
which filed an administrative claim for fixed by law for the Commissioner of
refund with the CIR and, before the lapse of Internal Revenue to act on the claim for
the 120-day period from its filing, filed a refund is jurisdictional and failure to
judicial claim with the CTA. BIR Ruling No. comply would bar the appeal and
DA-489-03 stated that the taxpayer- deprive the Court of Tax Appeals of its
claimant need not wait for the lapse of the jurisdiction to entertain the appeal.
120-day period before it could seek judicial [CIR v. Aichi Forging Company of Asia,
relief with the CTA. Inc., G.R. No. 183421, October 22,
2014, 632 SCRA 422]
Will API's Petition for Review prosper?
Decide with reasons. In this case, Mr. G filed the
administrative claim on January 31,
Answer: YES. API’s petition for review will 2013. The petition for relief should
prosper. Since API’s petition for review was have been filed on June 30, 2013.
filed on September 15, 2010, it is an exception Filing the judicial claim on March 15,
to the general rule. The premature filing is 2013, is premature, this the CTA did
allowed because it was filed between 10 not acquire jurisdiction.
December 2003 and 5 October 2010, when
BIR Ruling No. DA-489-03 was still in force. Note: The Commissioner shall grant a
[Mindanao II Geothermal Partnership v. refund for creditable input taxes within
ninety (90) days from the date
Page 41 of 46
submission of the official receipts or days from filing of the protest. [Sec.
invoices and other documents in 228, par. 4, NIRC]
support of the application filed, as
amended by Sec. 36 of R.A. No. The judicial remedies of an aggrieved taxpayer
10963. relative to an assessment notice are as follows:
1. Where the Commissioner of Internal
b. The administrative claim must be filed Revenue has not acted on the
with the Commissioner of Internal taxpayer’s protest within a period of
Revenue (CIR) within two years from one hundred eighty (180) days from
the close of the taxable quarter when submission of all relevant documents,
the zero-rated sales were made. The then the taxpayer has a period of thirty
CIR has 120 days from the date of (30) days from the lapse of said 180
submission of the complete documents days within which to interpose a
in support of the claim to decide. If the petition for review with the Court of Tax
CIR decides within the 120-day period Appeals. [Sec. 228, par. 5, NIRC]
or the 120-day period expires without 2. Should the Commissioner deny the
the CIR rendering a decision, the taxpayer's protest, then he has a period
taxpayer has 30 days to file a petition of thirty (30) days from receipt of said
for review with the CTA reckoned from denial within which to interpose a
the receipt of adverse decision or from petition for review with the Court of Tax
the lapse of the 120-day period. Appeals. [Sec. 228, par. 5, NIRC]
Note: Under R.A. No. 10963 (TRAIN In both cases the taxpayer must apply with the
Law), the CIR is given a 90-day period Court of Tax Appeals for the issuance of an
to decide. injunctive writ to enjoin the Bureau of Internal
Revenue from collecting the disputed tax
Q: Describe separately the procedures on during the pendency of the proceedings.
the legal remedies under the Tax Code
available to an aggrieved taxpayer both at A party adversely affected by a decision or
the administrative and judicial levels ruling of the CTA en banc may appeal by filing
with the Supreme Court a verified petition for
Answer: The legal remedies of an aggrieved review on certiorari within fifteen (15) days from
taxpayer under the Tax Code, both at the receipt of a copy of the decision or resolution,
administrative and judicial levels, may be as provided in Rule 45 of the Rules of Court
classified into those for assessment, collection [Sec. 1, Rule 16, RRCTA].
and refund.
The employment by the Bureau of Internal
The procedures for the administrative Revenue of any of the administrative remedies
remedies for assessment are as follows: for the collection of the tax like distraint, levy,
1. After receipt of the Pre-Assessment etc. may be administratively appealed by the
Notice, he must within fifteen (15) days taxpayer to the Commissioner whose decision
from receipt explain why no additional is appealable to the CTA under other matter
taxes should be assessed against him. arising under the provisions of the National
[RR 18-2013] Internal Revenue Code. The judicial appeals
2. If the Commissioner of Internal start with the CTA and continues in the same
Revenue issues an assessment notice, manner as shown above.
the taxpayer must administratively
protest or dispute the assessment by Should the Bureau of Internal Revenue decide
filing a motion for reconsideration or to utilize Its judicial tax remedies for collecting
reinvestigation within thirty (30) days the taxes by means of an ordinary suit filed with
from receipt of the notice of the regular courts for the collection of a sum of
assessment. [Sec. 228, par. 4, NIRC] money, the taxpayer could oppose the same by
3. For requests for reinvestigation, the going up the ladder of judicial processes from
taxpayer shall submit all relevant the Municipal Trial Court (as the case may be)
supporting documents within sixty (60) to the Regional Trial Court, to the Court of
Appeals, thence to the Supreme Court.
Page 42 of 46
The remedies of an aggrieved taxpayer on a Which of these above-cited income and
claim for refund is to appeal the adverse donation would not be exempt from
decision of the Commissioner to the CTA in the taxation? Explain briefly. (2004 Bar)
same manner outlined above.
Answer: The following are not exempt from
B. Protest taxation, viz:
a. Rental income is considered as
Q: Mr. Castro inherited from his father, who unrelated to the school operations;
died on June 10, 1994, several pieces of real hence, taxable [DOF Order No. 137-
property in Metro Manila. The estate tax 87, Dec. 16, 1987]
return was filed and the estate tax due in the b. The interest on the placement is
amount of P250, 000.00 was paid on taxable [DOF Order No. 137-87]. If
December 6, 1994. The Tax Fraud Division however, the said interest is used
of the BIR investigated the case on the actually, directly and exclusively for
basis of confidential information given by educational purposes as proven by
Mr. Santos on January 06, 1998 that the substantial evidence, the same will be
return filed by Mr. Castro was fraudulent exempt from taxation [CIR v. CA, 298
and that he failed to declare all properties SCRA 83 (1998)].
left by his father with intent to evade
payment of the correct tax. As a result, a The other items of income which were all
deficiency estate tax assessment for derived from school-related activities will be
P1,250, 000.00, inclusive of 50% surcharge exempt from taxation in the hands of the
for fraud, interest and penalty, was issued recipient if used actually, directly and
against him on January 10, 2001. Mr. Castro exclusively for educational purposes [Section 4
protested the assessment on the ground of par. 3, Art. XIV, 1987 Constitution].
prescription.
The donation to a non-stock, non-profit
Decide Mr. Castro’s protest. (2002 Bar) educational institution will be exempt from the
donor’s tax if used actually, directly and
Answer: The protest should be resolved exclusively for educational purposes and
against Mr. Castro. What was filed is a provided that not more than 30% of the
fraudulent return making the prescriptive donation is used for administration purposes
period for assessment ten (10) years from [Section 4, par. 4, Art XIV, 1987 Constitution,
discovery of the fraud. [Section 222(a), NIRC] in relation to Section 101(A)(3) NIRC].
Accordingly, the assessment was issued within
the prescriptive period to make an assessment Reminders:
based on a fraudulent return. 1. Article XIV, Section 4(3) of the 1987
Constitution provides that the assets of
a non-stock, nonprofit educational
C. NSNPEI’s taxability institution shall be exempt from taxes
and duties only if the same are used
Q: XYZ Colleges is a non-stock, non-profit actually, directly, and exclusively for
educational institution run by the educational purposes.
Archdiocese of BP City. It collected and 2. The requisites for availing the tax
received the following: exemption under Article XIV, Section 4
a. Tuition fees; (3) are as follows:
b. Dormitory Fees; a. The taxpayer falls under the
c. Rentals from canteen classification non-stock, non-
concessionaires; profit educational institution;
d. Interest from money-market and
placements of the tuition fees; and b. The income it seeks to be
e. Donation of a lot and building by exempted from taxation is used
school alumni actually, directly and
exclusively for educational
purposes. [CIR v. De La Salle
University, Inc., G.R. Nos.
Page 43 of 46
196596, 198841, 198941,
November 9, 2016]
3. The test of exemption from taxation is
the actual use of the property for
purposes mentioned in the
Constitution. [CIR v. De La Salle
University, Inc., G.R. Nos. 196596,
198841, 198941, November 9, 2016]
Page 44 of 46
LEGAL ETHICS REMEDIAL LAW LAST MINUTE TIPS
VIII. LEGAL ETHICS Q: Examples of unauthorized practice of

law.
CODE OF PROFESSIONAL Answer:

RESPONSIBILITY
1. A layman misrepresenting themselves
Q: What is the difference between immoral as a collaborating counsel with the aid
and grossly immoral conduct? of the main counsel on the case. Main
counsel’s acts of aiding the illegal
Answer: Immoral conduct has been defined as practice constitutes misbehavior that
that conduct which is willful, flagrant, or warrants suspension [Noe-Lacsamana
shameless, and which shows a moral v. Busmente, AC No. 7269, (2011)]
indifference to the opinion of the good and 2. Appearing as counsel before taking the
respectable members of the community. For lawyer’s oath [Aguirre v. Rana]
such conduct to warrant disciplinary action, the 3. Using a letterhead which listed
same must be "grossly immoral," that is, it must paralegals as senior partners due to
be so corrupt and false as to constitute a their investments in the law firm
criminal act or so unprincipled as to be [Cambaliza v. Cristal-Tenorio, AC No.
reprehensible to a high degree. [Ui v. 6290 (2004)].
Bonifacio, A.M. No. 3319 (2000)].
B. To the Courts (Canons 10-
Q: What crimes include moral turpitude? 13)
Answer: Moral turpitude includes everything
Q: Atty. Ramon represented to De Jesus
which is done contrary to justice, honesty,
and Aquino that she could secure the
modesty, or good morals. Murder, estafa, rape,
acquittal of Fajardo and even used the
violation of Batas Pambansa Blg. 22 (Bouncing
names of three Associate Justices to
Checks Law), bribery, bigamy, adultery,
accomplish her ill motives. She drafted a
seduction, abduction, concubinage and
fake decision regarding the supposed
smuggling, falsification of a public document,
acquittal of Fajardo. She placed the names
are considered crimes involving moral
of three Associate Justices in the fake
turpitude [A.C. No. 7973 (2015)]
decision even though the criminal case of
Fajardo was raffled in a different division
A. To the Legal Profession and assigned to a different Associate
(Canons 7-9) Justice as ponente. What liability, if any, did
Atty. Ramos incur?
Q: What if the applicant concealed is a
crime which does not involve moral Answer: By her acts, she eroded public
turpitude should he be admitted to the bar? confidence in the judiciary. She is not fit to
remain a member of the bar. [Justices
Answer: No. If what the applicant concealed is Fernanda Lampas- Peralta, Stephen Cruz and
a crime which does not involve moral turpitude, Ramon Paul Hernando v. Atty. Marie Frances
it is the fact of concealment and not the Ramon, A.C. No. 12415, March 05, 2019]
commission of the crime itself that makes him
morally unfit to become a lawyer. It should be Q: What is forum shopping?
noted that the application was made under
oath, which he lightly took when he made the Answer: Forum shopping exists when the
concealment [In re: Petition to Take the elements of litis pendentia are present, or
Lawyer’s Oath, Caesar Z. Distrito, petitioner]. where a final judgment in one case will amount
to res judicata in the other. More particularly,
the elements of forum shopping are: (a) identity
of parties or at least such parties as represent
the same interests in both actions; (b) identity
of the rights asserted and the reliefs prayed for,
the relief being founded on the same facts; and
Page 45 of 46
LEGAL ETHICS REMEDIAL LAW LAST MINUTE TIPS
(c) the identity of the two preceding particulars, D. Lawyer’s Oath
such that any judgment rendered in the other
action will, regardless of which party is Q: State the lawyer’s oath.
successful, amount to res judicata in the action
under consideration [Collantes v. CA, G.R. No. Answer: I, ____________________ do
169604 (2007)] solemnly swear that I will maintain allegiance
to the Republic of the Philippines; I will support
C. To the Clients (Canons 14- the Constitution and obey the laws as well as
22) the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
Q: Atty. Regala and the other lawyers of consent to the doing of any in court; I will not
their office were directed to disclose to the wittingly or willingly promote or sue any
Sandiganbayan the identity of their clients groundless, false or unlawful suit, nor give aid
in the documents presented by the nor consent to the same; I will delay no man for
prosecution for the recovery of alleged ill- money or malice, and will conduct myself as a
gotten wealth, which includes shares of lawyer according to the best of my knowledge
stocks under the name of undisclosed and discretion with all good fidelity as well as to
principals. Can Atty. Regala be compelled the courts as to my clients; and I impose upon
to reveal the identity of the true owners of myself these voluntary obligations without any
the shares of stocks under litigation? mental reservation or purpose of evasion. So
help me God.
Answer: No, Atty. Regala cannot be
compelled to reveal the identity of his clients.
Encouraging full disclosure to a lawyer by one
seeking legal services opens the door to a
whole spectrum of legal options which would
otherwise be circumscribed by limited
information engendered by a fear of disclosure.
An effective lawyer-client relationship is largely
dependent upon the degree of confidence
which exists between lawyer and client which
in turn requires a situation which encourages a
dynamic and fruitful exchange and flow of
information. It necessarily follows that in order
to attain effective representation, the lawyer
must invoke the privilege not as a matter of
option but as a matter of duty and professional
responsibility. [Teodoro R. Regala v.
Sandiganbayan, G.R. No. 105938, 1996-09-
20]
Page 46 of 46

6 2022 UP Law BOC Remedial Law LMTs

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6 2022 UP Law BOC Remedial Law LMTs

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CIVIL PROCEDURE REMEDIAL LAW LAST MINUTE TIPS

2022 UP LAW BOC LMTs

H. Harmless Error Rule Q: What is the doctrine of conclusiveness

M. Amendments; Matter of Right;

Answer: A party may amend his pleading once

Who may issue any judgment that may be recovered in the

Q. Interrogatories R. Request for Admission

Whereas, in annulment of judgment, the Court Answer: Service is effected upon:

U. Small Claims Cases Answer: For a writ of replevin to issue, the

II. SPECIAL CIVIL ACTIONS Q: Where is a Petition for Declaratory Relief

Q: What is the period within which an action

Answer: The action must be filed 1 year from

Q: What is the treatment of issues of

Answer: The issue of ownership may be

Q: What are the prohibited motions and

III. SPECIAL PROCEEDINGS Q: If in the course of intestate proceedings

Filing by the aggrieved

Where filed 1. SC or any member 1. SB, CA, SC, or 1. At the option of

Habeas Corpus Amparo Habeas Data

thereof, on any any justice of such petitioner, RTC

Where enforceable If SC/CA issued, Anywhere in Anywhere in

If granted by the RTC

Where returnable If issued by: If issued by: If issued by:

Habeas Corpus Amparo Habeas Data

returnable before collected

Habeas Corpus Amparo Habeas Data

prayer for other just are just and

Habeas Corpus Amparo Habeas Data

Respondent May or may not be an Respondent is a public A public official or

Officer shall then

Habeas Corpus Amparo Habeas Data

court or judge before determine the fate charge, in

Habeas Corpus Amparo Habeas Data

prisoner is not [Sec. 9] [Sec. 10]

Penalties for 1. CoC who refuses 1. Contempt without 1. Contempt without

Is period of return - No, not even on highly Yes, for justifiable

Note: Motion for

Habeas Corpus Amparo Habeas Data

Is a general denial - Not allowed [Sec. 9] Not allowed [Sec. 10]

Effect of failure to - Court or justice shall Court, judge, or justice

Unless the court in its

Nature of hearing Summary. Summary. Summary.

Prohibited pleadings In custody of minors a 1. Motion to dismiss Same as Amparo

Habeas Corpus Amparo Habeas Data

Burden of Clear and convincing Substantial evidence Substantial evidence

Presumption of Yes. If warrant of Public official or -

Interim reliefs - Upon filing of the -

Judgment - Within 10 days from Within 10 days from

Habeas Corpus Amparo Habeas Data

notice of the judgment the date of notice of the date of notice of

Institution of - Not precluded

Consolidation of - Consolidated with a Consolidated with a

Effect of filing - No more separate Same as Amparo

Change of first name or

Any person interested

Signed and verified

RTC of province Local civil registry office RTC of city or

Rule 103 R.A. 9048, as amended Rule 108

been residing for 3 where record being corresponding civil

Court of Appeals, Court of Appeals,

Q: What is a writ of continuing mandamus? In applying the precautionary principle, the

IV. CRIMINAL PROCEDURE Q: Is the accused required to present

Answer: If the judgment is for conviction and