REMEDIAL LAW

GENERAL PRINCIPLES ............................................................................... 1 g. Effect of estoppel on objection to jurisdiction ........... 4

A. Distinguish: substantive law and remedial law......................... 1 3. Jurisdiction over the issues ......................................... 4
B. Rule-making power of the SC ................................................... 1 4. Jurisdiction over the res ............................................. 4
1. Limitations on the rule-making power of the Supreme 5. Jurisdiction over the remedies ................................... 5
Court 1
E. Distinguish: error of jurisdiction and error of judgment .......... 5
2. Power of the Supreme Court to amend and suspend
F. Distinguish: jurisdiction and venue........................................... 5
procedural rules ............................................................................... 1
G. Jurisdiction in the following— .................................................. 5
C. Nature of Philippine Courts ...................................................... 1
1. Small Claims ................................................................ 5
1. Meaning of a court ..................................................... 1
2. Katarungang Pambarangay......................................... 5
2. Distinguish: court and judge....................................... 1
3. Summary Procedure ................................................... 5
3. Classification of Philippine courts ............................... 1
H. How jurisdiction is determined ................................................ 5
4. Courts of original and appellate jurisdiction .............. 1
CIVIL PROCEDURE ..................................................................................... 5
5. Courts of general and special jurisdiction .................. 1
A. General Provisions .................................................................... 5
6. Constitutional and statutory courts ........................... 1
B. Actions...................................................................................... 5
7. Courts of law and equity ............................................ 1
1. Meaning of ordinary civil actions................................ 5
8. Principle of judicial hierarchy ..................................... 2
2. Meaning of special civil actions .................................. 5
9. Doctrine of non-interference or doctrine of judicial
stability 2 3. Meaning of criminal actions ....................................... 6
JURISDICTION ........................................................................................... 2 4. Civil actions vs. special proceedings ........................... 6
A. Classification of jurisdiction...................................................... 2 5. Personal actions and real actions ............................... 6
1. Distinguish: original and appellate ............................. 2 6. Local and transitory actions........................................ 6
2. Distinguish: general and special ................................. 2 7. Actions in rem, in personam, and quasi in rem .......... 6
3. Distinguish: exclusive and concurrent ........................ 2 C. Cause of Action......................................................................... 6
B. Doctrines of hierarchy of courts and continuity of jurisdiction 2 1. Meaning of cause of action ........................................ 6
C. Jurisdiction of Philippine courts ............................................... 2 2. Right of action vs. cause of action .............................. 6
1. Supreme Court ........................................................... 2 3. Failure to state a cause of action vs. lack of cause of
action 6
2. Court of Appeals......................................................... 3
4. Test of the sufficiency of COA .................................... 6
3. Court of Tax Appeals .................................................. 3
5. Splitting a single cause of action and its effects ......... 6
4. Sandiganbayan ........................................................... 3
6. Joinder and misjoinder of COA ................................... 7
5. Regional Trial Courts .................................................. 3
D. Parties to Civil Actions .............................................................. 7
6. Family Courts.............................................................. 3
1. Real parties in interest; indispensable parties;
7. First-level courts ......................................................... 3
representatives as parties; necessary parties; indigent parties;
D. Aspects of jurisdiction .............................................................. 4 alternative defendants ..................................................................... 7
1. Jurisdiction over the parties ....................................... 4 2. Compulsory and permissive joinder of parties ........... 7
a. How jurisdiction over the plaintiff is acquired ........... 4 3. Misjoinder and non-joinder of parties........................ 7
b. How jurisdiction over the defendant is acquired ....... 4 4. Class suit ..................................................................... 8
2. Jurisdiction over the subject matter........................... 4 5. Suits against entities without juridical personality ..... 8
a. Meaning of jurisdiction over the subject matter........ 4 6. Effect of death of party litigant .................................. 8
b. Distinguish: jurisdiction and exercise of jurisdiction .. 4 E. Venue ....................................................................................... 8
c. How jurisdiction is conferred and determined ........... 4 1. Venue of real actions .................................................. 8
d. Distinguish: doctrine of primary administrative 2. Venue of personal actions .......................................... 8
jurisdiction and doctrine of exhaustion of administrative remedies
3. Venue of actions against non-residents ..................... 8
4
4. When the rules on venue do not apply ...................... 8
e. Doctrine of adherence of jurisdiction......................... 4
5. Effects of stipulations on venue ................................. 9
f. Objections to jurisdiction over the subject matter .... 4
F. Pleadings .................................................................................. 9
 REMEDIAL LAW

1. Kinds of pleadings and when they should be filed ..... 9 iii. By accredited courier (LBC) ...................................... 14
a. Complaint ................................................................... 9 iv. By e-mail etc ............................................................. 14
b. Answer........................................................................ 9 e. Modes of service [to parties] .................................... 14
i. Negative defenses ...................................................... 9 i. Personal service ........................................................ 14
ii. Negative pregnant ...................................................... 9 ii. By registered mail ..................................................... 14
c. Counterclaims ............................................................ 9 iii. By accredited courier................................................ 14
i. Compulsory counterclaim .......................................... 9 iv. By e-mail, fax, etc, .................................................... 14
ii. Permissive counterclaim ............................................ 9 v. Service as provided for in international conventions 15
iii. Effect on the counterclaim when the complaint is f. Service of judgments, final orders or resolutions;
dismissed ................................................................................ 10 service of court-issued orders and other documents................. 15
d. Cross-claims.............................................................. 10 g. Conventional service or filing of orders, pleadings, and
other documents ........................................................................ 15
e. Third (x)-party complaints ........................................ 10
h. When service is deemed complete .......................... 15
f. Complaint-in-intervention ........................................ 10
i. Proof of filing and service ......................................... 15
g. Reply......................................................................... 10
8. Amendment.............................................................. 15
h. Extensions of time to file .......................................... 10
G. Summons................................................................................ 16
2. Pleadings allowed in small claims cases and cases
covered by the Rules on Summary Procedure ............................... 10 1. Nature and purpose of summons............................. 16
3. Parts and contents of a pleading .............................. 11 a. In relation to actions in personam, in rem, and quasi in
rem 16
a. Caption ..................................................................... 11
b. When summons are issued ...................................... 16
b. Signature and address .............................................. 11
c. Contents of summons .............................................. 16
c. Verification ............................................................... 11
d. Duty of counsel......................................................... 16
d. CNFS ......................................................................... 11
e. Return....................................................................... 16
e. Contents of a pleading ............................................. 11
2. Voluntary appearance .............................................. 16
4. Allegations in a pleading........................................... 11
3. Who may serve summons ........................................ 16
i. Effect of failure to make specific denials .................. 12
4. Proof of service......................................................... 18
ii. When a specific denial requires an oath .................. 12
H. Motions .................................................................................. 18
f. Affirmative defenses ................................................ 12
1. Motions in general ................................................... 18
5. Effect of failure to plead........................................... 12
a. Definition of a motion .............................................. 18
a. Failure to plead defenses and objections ................. 12
b. Motions vs. pleadings ............................................... 18
b. Failure to plead a compulsory counterclaim and cross-
claim 12 c. Contents and forms of motions................................ 18
6. Default ...................................................................... 13 d. Litigious and non-litigious motions; when notice of
hearing necessary ....................................................................... 18
a. When a declaration of default is proper .................. 13
e. Omnibus motion rule................................................ 18
b. Effect of an order of default ..................................... 13
f. Prohibited motions ................................................... 19
c. Relief from an order of default................................. 13
2. Motions for Bill of Particulars ................................... 19
d. Effect of a partial default.......................................... 13
a. Purpose and when applied for ................................. 19
e. Extent of relief .......................................................... 13
b. Actions of the court .................................................. 19
f. Actions where default is not allowed ....................... 13
c. Compliance with the order and effect of
7. Filing and service of pleadings.................................. 13
noncompliance ........................................................................... 19
a. Payment of docket fees ............................................ 13
d. Effect on the period to file a responsive pleading .... 19
b. Filing vs. service of pleadings ................................... 13
I. Dismissal of Actions .................................................................... 19
c. Periods of filing of pleadings .................................... 14
1. Dismissal with prejudice ........................................... 19
d. Manner of filing [in court] ........................................ 14
2. Dismissal upon notice by plaintiff ............................. 19
i. Personal filing ........................................................... 14
3. Dismissal upon motion by plaintiff; effect on existing
ii. By registered mail ..................................................... 14 counterclaim 19
 REMEDIAL LAW

4. Dismissal due to the fault of plaintiff ....................... 19 P. Demurrer to Evidence ............................................................ 26

5. Dismissal of counterclaim, cross-claim, or third-party 1. Ground ..................................................................... 26
complaint 20
2. Effect of denial ......................................................... 26
J. Pre-Trial .................................................................................. 20
3. Effect of grant........................................................... 26
1. Concept of pre-trial .................................................. 20
4. Waiver of right to present evidence ......................... 26
2. Nature and purpose ................................................. 20
5. Action on demurrer to evidence .............................. 26
3. Notice of pre-trial ..................................................... 20
6. Distinguish: demurrer to evidence in a civil case and
4. Appearance of parties; effect of failure to appear ... 20 demurrer to evidence in a criminal case ........................................ 27
5. Pre-trial brief; effect of failure to file ....................... 20 Q. Judgments and Final Orders ................................................... 27
6. Pre-trial order ........................................................... 20 1. Judgment after pre-trial ........................................... 27
7. Distinguish: pre-trial in civil cases and pre-trial in 2. Judgment without trial ............................................. 27
criminal cases ................................................................................. 21
3. Judgment on the pleadings ...................................... 27
K. Intervention............................................................................ 21
4. Summary judgment .................................................. 27
1. Requisites for intervention ....................................... 21
a. For the claimant ....................................................... 27
2. Time to intervene ..................................................... 21
b. For the defendant..................................................... 27
3. Remedy for the denial of motion to intervene......... 21
c. When the case is not fully adjudicated..................... 28
L. Subpoena ............................................................................... 21
d. Affidavits and attachments....................................... 28
1. Subpoena duces tecum ............................................ 21
5. JP vs. SP .................................................................... 28
2. Subpoena ad testificandum...................................... 21
6. Contents of a judgment ............................................ 28
3. Service of subpoena ................................................. 21
7. Rendition of judgments, final orders ........................ 28
4. Compelling attendance of witnesses; contempt ...... 21
8. Entry of judgment and final order ............................ 28
5. Quashing of subpoena.............................................. 22
R. Post-Judgment Remedies ....................................................... 28
M. Computation of Time ............................................................. 22
1. MNT/MR (with Relief and Annulment) ..................... 28
N. Modes of Discovery ................................................................ 22
2. Appeals in general .................................................... 30
1. Depositions............................................................... 22
a. Judgments and final orders subject to appeal.......... 30
2. Written interrogatories to adverse parties .............. 23
b. Matters not appealable ............................................ 30
3. Request for admission .............................................. 23
c. Remedy against judgments and orders which are not
4. Production or inspection of documents or things .... 23 appealable 30
5. Physical and mental examination of persons ........... 23 d. Modes of appeal ....................................................... 30
6. Consequences of refusal to comply with modes of i. Ordinary appeal ........................................................ 30
discovery 25
ii. Petition for review .................................................... 30
O. Trial......................................................................................... 25
iii. Petition for review on certiorari ............................... 30
1. Adjournments and postponements ......................... 25
e. Issues to be raised on appeal ................................... 30
2. Requisites of motion to postpone trial ..................... 25
3. Appeals from decisions of other specific tribunals ... 32
a. For absence of evidence........................................... 25
4. Rule 45 ...................................................................... 32
b. For illness of party or counsel .................................. 25
5. Rule 45 vs. Rule 65.................................................... 33
3. Agreed statement of facts ........................................ 25
6. Collateral attack of judgments ................................. 33
4. Order of trial; reversal of order ................................ 25
S. Execution, Satisfaction, and Effect of Judgments ................... 33
5. Consolidation or severance of hearing or trial ......... 25
1. Difference between finality of judgment for purposes
6. Delegation of reception of evidence ........................ 26 of appeal; for purposes of execution.............................................. 33
7. Trial by commissioners ............................................. 26 2. When execution shall issue ...................................... 33
a. Reference by consent or ordered on motion ........... 26 a. Execution as a matter of right .................................. 33
b. Powers of the commissioner .................................... 26 b. Discretionary execution............................................ 33
c. Commissioner’s report; notice to parties and hearing 3. How a judgment is executed .................................... 34
on the report .............................................................................. 26
a. Execution by motion or by independent action ....... 34
 REMEDIAL LAW

b. Issuance and contents of a writ of execution ........... 34 3. Requirements before issuance of an order appointing
receiver 40
c. Execution of judgments for money .......................... 34
4. General powers of a receiver ................................... 40
d. Execution of judgments for specific acts .................. 34
5. Two kinds of bonds................................................... 40
e. Execution of special judgments ................................ 34
6. Termination of receivership ..................................... 40
f. Effect of levy on third persons ................................. 34
F. Replevin .................................................................................. 40
4. Properties exempt from execution .......................... 34
1. When may writ be issued ......................................... 40
5. Proceedings where property is claimed by third
persons; in relation to third party claim in attachment and replevin 2. Requisites ................................................................. 40
35
3. Affidavit and bond; redelivery bond ......................... 40
6. Rules on redemption ................................................ 35
4. Sheriff’s duty in the implementation of the writ; when
7. Examination of judgment obligor when judgment is property is claimed by third party .................................................. 41
unsatisfied 35
G. Provisional Remedies and Interim Reliefs Under Special Laws
8. Examination of debtors of the judgment obligor ..... 36 and Rules ............................................................................................ 41
9. Effect of judgment or final orders ............................ 36 1. Provisional remedies of the Family Courts ............... 41
10. Enforcement and effect of foreign judgments or final 2. Human Security Act .................................................. 41
orders 36
3. VAWC........................................................................ 41
PROVISIONAL REMEDIES ........................................................................ 36
4. AMLA ........................................................................ 42
A. Nature and Purpose ............................................................... 36
5. FRIA .......................................................................... 42
B. Jurisdiction over provisional remedies ................................... 36
6. Precautionary Hold Departure Orders...................... 42
C. Preliminary Attachment ......................................................... 36
SPECIAL CIVIL ACTIONS ........................................................................... 42
1. Grounds for issuance of writ of attachment ............ 36
A. Nature of Special Civil Actions ................................................ 42
2. Requisites ................................................................. 37
B. Ordinary Civil Actions vs SCA .................................................. 42
3. Issuance and contents of order of attachment; affidavit
C. Jurisdiction and Venue ........................................................... 43
and bond 37
D. Interpleader............................................................................ 43
4. Rule on prior or contemporaneous service of summons
37 1. Requisites for interpleader ....................................... 43
5. Manner of attaching real and personal property; when 2. When to file .............................................................. 43
property attached is claimed by third person ................................ 37
3. Dismissal ................................................................... 43
6. Discharge of attachment and the counter-bond...... 37
E. Declaratory Reliefs and Similar Remedies .............................. 43
7. Satisfaction of judgment out of property attached .. 38
1. Who may file action.................................................. 43
8. Compared with garnishment and levy on execution 38
2. Requisites ................................................................. 43
D. Preliminary Injunction ............................................................ 38
3. When court may refuse to make judicial declaration
1. Definitions and differences: PI, TRO, and status quo 43
ante order 38
4. Conversion to ordinary action .................................. 43
2. Requisites ................................................................. 38
5. Proceedings considered as similar remedies ............ 44
3. Kinds of injunctions; kinds of temporary restraining
a. Reformation of an instrument .................................. 44
orders 39
b. Consolidation of ownership...................................... 44
4. When writ may be issued, when writ may not be issued
39 c. Quieting of title to real property .............................. 44
5. Grounds for issuance of preliminary injunction ....... 39 F. Review of Judgments and Final Orders or Resolutions of the
COMELEC, COA ................................................................................... 44
6. Grounds for objection to, or for the dissolution of
injunction or restraining order ....................................................... 39 1. Distinctions in the application of Rule 65 to judgments
of COMELEC and COA, and the application of Rule 65 to other
7. Duration of TROs ...................................................... 39
tribunals, persons, and officers ...................................................... 44
8. Rule on prior or contemporaneous service of summons
G. Certiorari, Prohibition, and Mandamus .................................. 44
in relation to attachment ............................................................... 39
1. Definitions and distinctions ...................................... 44
E. Receivership ........................................................................... 39
2. Requisites ................................................................. 44
1. Cases when receiver may be appointed ................... 39
2. Requisites ................................................................. 40
 REMEDIAL LAW

3. When petition for certiorari, prohibition, and 5. Possession by purchaser of foreclosed property ...... 49
mandamus is proper ...................................................................... 45
6. Remedy of debtor if foreclosure is not proper ......... 50
4. Injunctive relief......................................................... 45
7. Redemption .............................................................. 50
5. Distinguish: prohibition, mandamus, and injunction 45
a. Who may redeem ..................................................... 50
6. Certiorari vs. Art. VIII, Sec. 1 ..................................... 46
b. Amount of redemption price.................................... 50
7. Exceptions to filing of motion for reconsideration
c. Period for redemption .............................................. 50
before filing petition....................................................................... 46
d. Effect of pendency of action for annulment of sale . 50
8. Reliefs petitioner is entitled to ................................. 46
8. Writ of possession .................................................... 50
9. Acts or omissions of first-level/RTC in election cases46
a. Ministerial duty of the court..................................... 50
10. Effects: filing unmeritorious petition........................ 46
b. Enforcement against third parties ............................ 50
H. Quo Warranto ........................................................................ 46
c. Pendency of action for annulment of sale................ 50
1. Distinguish: quo warranto under the Rules of Court and
quo warranto under the Omnibus Election Code........................... 46 9. Annulment of sale .................................................... 50
2. When government commences an action against K. Partition .................................................................................. 50
individuals or associations .............................................................. 46
1. Who may file complaint; who should be made
3. When individual may commence an action ............. 46 defendants 51
4. Judgment in quo warranto action ............................ 47 2. Matters to allege in the complaint ........................... 51
5. Rights of a person adjudged entitled to public office47 3. Two stages in partition ............................................. 51
6. Limitations ................................................................ 47 4. Order of partition and partition by agreement ........ 51
I. Expropriation .............................................................................. 47 5. Partition by commissioners; appointment of
commissioners; commissioner’s report; court action upon
1. Matters to allege in complaint for expropriation ..... 47
commissioner’s report.................................................................... 51
2. Two stages in every action for expropriation ........... 47
6. Judgment and its effects .......................................... 51
3. When plaintiff can immediately enter into possession
7. Partition of personal property .................................. 51
of the real property ........................................................................ 47
8. Prescription of action ............................................... 51
4. New system of immediate payment of initial just
compensation................................................................................. 47 9. When partition is not allowed .................................. 51
5. Defenses and objections .......................................... 48 L. Forcible Entry and Unlawful Detainer .................................... 52
6. Order of expropriation ............................................. 48 1. Definitions and distinction........................................ 52
7. Ascertainment of just compensation ....................... 48 2. Distinguish: forcible entry, unlawful detainer, accion
publiciana, and accion reivindicatoria ............................................ 52
8. Appointment of commissioners; commissioner’s
report; court action upon commissioner’s report .......................... 48 3. Jurisdiction in accion publiciana and accion
reivindicatoria................................................................................. 52
9. Rights of plaintiff upon judgment and payment....... 48
4. Pleadings allowed ..................................................... 52
10. Effect of recording of judgment ............................... 48
5. Action on the complaint ........................................... 52
J. Foreclosure of Real Estate Mortgage ..................................... 48
6. When demand is necessary ...................................... 53
1. Kinds of foreclosure.................................................. 48
7. Preliminary injunction and preliminary mandatory
2. Need for special power of attorney ......................... 49
injunction 53
3. Authority to foreclose extrajudicially ....................... 49
8. Resolving defense of ownership............................... 53
4. Procedure ................................................................. 49
9. How to stay the immediate execution of judgment . 53
a. Where to file ............................................................ 49
10. Prohibited pleadings and motions ............................ 53
b. Where to sell ............................................................ 49
M. Contempt................................................................................ 53
c. Posting requirement................................................. 49
1. Contempt against quasi-judicial bodies.................... 54
d. Publication requirement .......................................... 49
SPECIAL PROCEEDINGS ........................................................................... 54
i. Sufficiency of newspaper publication....................... 49
A. Settlement of Estate of Deceased Persons, Venue, and Process
ii. Need for republication in case of postponement .... 49 54
iii. Personal notice to the mortgagor when and when not 1. Which court has jurisdiction ..................................... 54
needed 49
2. Venue in judicial settlement of estate...................... 54
 REMEDIAL LAW

3. Extent of jurisdiction of probate court ..................... 54 1. Distinguish: trustee and executor/administrator ..... 61
4. Powers and duties of probate court ......................... 55 2. Conditions of the bond ............................................. 61
B. Summary Settlement of Estates ............................................. 55 3. Requisites for the removal and resignation of a trustee
61
1. Extrajudicial settlement by agreement between heirs,
when allowed ................................................................................. 55 4. Grounds for removal and resignation of a trustee ... 62
2. Two-year prescriptive period ................................... 55 5. Extent of authority of trustee ................................... 62
3. Affidavit of self-adjudication by sole heir ................. 55 J. Escheat ................................................................................... 62
4. Summary settlement of estates of small value, when 1. When to file .............................................................. 62
allowed 55
2. Requisites for filing of petition ................................. 62
5. Remedies of aggrieved parties ................................. 56
3. Remedy of respondent against petition; period for
C. Production and Probate of Will .............................................. 56 filing a claim 62
1. Nature of probate proceeding ................................. 56 K. Guardianship .......................................................................... 62
2. Who may petition for probate; persons entitled to L. Adoption ................................................................................. 64
notice 56
M. Writ of Habeas Corpus; Habeas Data; Amparo ...................... 66
D. Allowance or Disallowance of Will ......................................... 56
N. Rules on Custody of Minors and Habeas Corpus in relation to
1. Contents of petition ................................................. 57 Custody of Minors .............................................................................. 71
2. Grounds for disallowing a will .................................. 57 O. Change of Name ..................................................................... 71
3. Reprobate; requisites before will proved outside P. Cancellation or Correction of Entries in the Civil Registry ...... 71
allowed in the Philippines; effects of probate ................................ 57
Q. Absentees ............................................................................... 73
E. LT and LOA.............................................................................. 57
1. Purpose of the rule ................................................... 73
1. When and to whom LOA/LT granted ........................ 57
2. Who may file; when to file ....................................... 73
2. Order of preference ................................................. 58
R. Appeals in Special Proceeding ................................................ 73
3. Opposition to issuance of letters testamentary;
1. Judgments and orders for which appeal may be taken
simultaneous filing of petition for administration .......................... 58
73
4. Powers and duties of executors and administrators;
2. When to appeal ........................................................ 73
restrictions on the powers ............................................................. 58
3. Modes of appeal ....................................................... 73
5. Appointment of special administrator ..................... 58
4. Rule on advance distribution .................................... 73
6. Grounds for removal of E/A ..................................... 59
CRIMINAL PROCEDURE ........................................................................... 74
F. Claims Against the Estate ....................................................... 59
A. General Matters ..................................................................... 74
1. Time within which claims shall be filed; exceptions . 59
1. Distinguish jurisdiction over subject matter from
2. Statute of non-claims ............................................... 59
jurisdiction over person of the accused ......................................... 74
3. Claim of executor or administrator against the estate
2. Requisites for exercise of criminal jurisdiction ......... 74
60
3. Jurisdiction of criminal courts................................... 74
4. Payment of debts ..................................................... 60
4. When injunction may be issued to restrain criminal
G. Actions By and Against Executors and Administrators ........... 60
prosecution 75
1. Actions that may be brought against executors and
B. Prosecution of Offenses ......................................................... 75
administrators ................................................................................ 60
1. Criminal actions, how instituted ............................... 75
2. Requisites before creditor may bring an action for
recovery of property fraudulently conveyed by the deceased ...... 60 2. Who may file them, crimes that cannot be prosecuted
de oficio 75
H. Distribution and Partition ....................................................... 61
3. Criminal actions, when enjoined .............................. 75
1. Liquidation................................................................ 61
4. Control of prosecution ............................................. 75
2. Project of partition ................................................... 61
5. Sufficiency of complaint or information ................... 76
3. Remedy of an heir entitled to residue but not given his
share 61 6. Duplicity of the offense; exception........................... 76
4. Instances when probate court may issue writ of 7. Amendment or substitution of complaint or
execution 61 information 76
I. Trustees...................................................................................... 61 8. Venue of criminal actions ......................................... 76
 REMEDIAL LAW

9. Intervention of offended party................................. 77 3. When may accused enter a plea of guilty to a lesser
offense 82
C. Prosecution of Civil Action...................................................... 77
4. Accused plead guilty to capital offense, what the court
1. Rule on implied institution of civil action with criminal
should do 82
action 77
5. Searching inquiry ...................................................... 82
2. When civil action may proceed independently ........ 77
6. Improvident plea ...................................................... 82
3. When separate civil action is suspended ................. 77
H. Motion to Quash .................................................................... 83
4. Effect of the death of accused or convict on civil action
77 1. Grounds .................................................................... 83
5. Prejudicial question .................................................. 77 2. Distinguish from demurrer ....................................... 83
6. Rule on filing fees in civil action deemed instituted with 3. Effects of sustaining the MTQ .................................. 83
the criminal action.......................................................................... 78
4. Exception to the rule that sustaining the motion is not
D. Preliminary Investigation........................................................ 78 a bar to another prosecution ......................................................... 83
1. Nature of right .......................................................... 78 5. Double jeopardy ....................................................... 84
2. Purposes of preliminary investigation ...................... 78 6. Provisional dismissal ................................................. 84
3. Who may conduct determination of existence of I. Pre-Trial ...................................................................................... 84
probable cause ............................................................................... 78
1. Matters to be considered during PT ......................... 84
a. Distinguish: executive and judicial determination of
2. What the court should do when prosecution and
probable cause ........................................................................... 78
offended party agree to the plea of the accused ........................... 84
4. Resolution of investigating prosecutor..................... 78
3. Pre-trial agreement .................................................. 84
5. Review ...................................................................... 78
4. Non-appearance during pre-trial.............................. 84
6. When warrant of arrest may issue ........................... 79
5. Pre-trial order ........................................................... 85
7. Cases not requiring a preliminary investigation ....... 79
J. Trial......................................................................................... 85
8. Remedies of accused if there was no preliminary
1. Instances when presence of accused is required by law
investigation 79
85
9. Inquest...................................................................... 79
2. Requisite before trial can be suspended on account of
E. Arrest ...................................................................................... 79 absence of witness ......................................................................... 85
1. Arrest, how made ..................................................... 79 3. Trial in absentia ........................................................ 85
2. Arrest without warrant, when lawful ....................... 80 4. Remedy when accused is not brought to trial within the
prescribed period ........................................................................... 85
3. Method of arrest ...................................................... 80
5. Requisites for discharge of accused to become a state
4. Requisites of a valid warrant of arrest...................... 80
witness 85
5. Determination of probable cause for issuance of
6. Effects of discharge of accused as state witness ...... 85
warrant of arrest ............................................................................ 80
7. Demurrer to evidence .............................................. 86
F. Bail .......................................................................................... 80
8. Guidelines on continuous trial.................................. 86
1. Nature ...................................................................... 80
a. Applicability .............................................................. 86
2. When a matter of right; exceptions ......................... 81
b. Prohibited and meritorious motions ........................ 86
3. When a matter of discretion .................................... 81
c. Arraignment and pre-trial......................................... 86
4. Hearing of application for bail in capital offenses .... 81
d. Trial; memoranda ..................................................... 87
5. Guidelines in fixing amount of bail ........................... 81
e. Promulgation ............................................................ 87
6. Bail when not required ............................................. 81
K. Judgment ................................................................................ 87
7. Increase or reduction of bail .................................... 81
1. Requisites of a judgment .......................................... 87
8. Forfeiture and cancellation of bail ........................... 81
2. Contents of judgment............................................... 87
9. Application not a bar to objections in illegal arrest, lack
of or irregular preliminary investigation......................................... 82 3. Promulgation of judgment; instances of promulgation
of judgment in absentia.................................................................. 87
G. Arraignment and Plea............................................................. 82
4. Instances when judgment becomes final ................. 87
1. How made ................................................................ 82
L. Remedies after trial (MR, MNT, Appeal) ................................ 87
2. When should plea of not guilty be entered.............. 82
M. Search and Seizure ................................................................. 89
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1. Nature of search warrant ......................................... 89 a. Conclusive presumptions ......................................... 92

2. Distinguish from warrant of arrest ........................... 89 b. Disputable presumptions ......................................... 93
3. Application, where filed ........................................... 89 c. Presumptions in civil actions and proceedings; against
an accused in criminal cases ....................................................... 93
4. Probable cause for issuance ..................................... 89
8. Construction of the rules of evidence ...................... 93
5. Personal examination by judge of the applicant and
witnesses 89 9. Quantum of evidence ............................................... 93
6. Particularity of place to be searched and things to be B. Judicial Notice and Judicial Admissions .................................. 93
seized 89
1. What need not be proved ........................................ 93
7. Personal property to be seized................................. 89
2. Matters of judicial notice.......................................... 93
8. Exceptions to search warrant requirement .............. 89
a. Mandatory ................................................................ 93
a. Search incidental to lawful arrest ............................. 90
b. Discretionary ............................................................ 93
b. Consented search ..................................................... 90
3. Judicial admissions ................................................... 93
c. Search of moving vehicle.......................................... 90
a. Effect of judicial admissions ..................................... 93
d. Check points; body checks in airport........................ 90
b. How judicial admissions may be contradicted ......... 94
e. Plain view situation................................................... 90
c. Pre-trial admissions .................................................. 94
f. Stop and frisk situation............................................. 90
C. Object (Real) Evidence............................................................ 94
g. Enforcement of custom laws .................................... 90
1. Nature of object evidence ........................................ 94
9. Remedies from unlawful search and seizure............ 90
2. Requisites for admissibility ....................................... 94
10. Cybercrime warrants ................................................ 90
3. Categories of object evidence .................................. 94
a. Scope and applicability ............................................. 90
4. Chain of custody in relation to Section 21 of the
b. General provisions.................................................... 90 Comprehensive Dangerous Drugs Act of 2002 ............................... 94
c. Preservation of computer data ................................ 90 5. DNA Evidence ........................................................... 94
d. Disclosure of computer data .................................... 90 a. Meaning of DNA ....................................................... 94
e. Interception of computer data ................................. 90 b. Application for DNA testing order ............................ 94
f. Search, seizure, and examination of computer data 90 c. Post-conviction DNA testing; remedy....................... 95
g. Custody of computer data........................................ 90 d. Assessment of probative value of DNA evidence and
admissibility ................................................................................ 95
h. Destruction of computer data .................................. 91
e. Rules on evaluation of reliability of the DNA testing
N. Provisional Remedies in Criminal Cases ................................. 91
methodology .............................................................................. 95
EVIDENCE ............................................................................................... 91
D. Documentary Evidence........................................................... 95
A. General Principles................................................................... 91
1. Meaning of documentary evidence.......................... 95
1. Concept of evidence................................................. 91
2. Requisites for admissibility ....................................... 95
2. Scope of the rules of evidence ................................. 91
3. Original document rule............................................. 95
3. Distinguish: proof and evidence ............................... 91
a. Meaning of the rule .................................................. 95
4. Distinguish: factum probans and factum probandum
b. When not applicable ................................................ 95
91
c. Meaning of original document and duplicate .......... 96
5. Admissibility of evidence .......................................... 91
d. Secondary evidence; summaries .............................. 96
a. Requisites for admissibility of evidence; exclusions
under the Constitution, laws, and the Rules of Court ................ 91 4. Electronic evidence .................................................. 96
b. Relevance of evidence and collateral matters ......... 92 a. Meaning of electronic evidence; electronic data
message 96
c. Multiple admissibility ............................................... 92
b. Probative value of electronic documents or evidentiary
d. Conditional admissibility .......................................... 92
weight; method of proof ............................................................ 96
e. Curative admissibility ............................................... 92
c. Authentication of electronic documents and electronic
f. Other kind of evidence ............................................. 92 signatures 96
6. Burden of proof; burden of evidence ....................... 92 d. Electronic documents and the hearsay rule ............. 96
7. Presumptions ........................................................... 92
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e. Audio, photographic, video, and ephemeral evidence i. Applicability of the rule .......................................... 102
97
ii. Meaning of “child witness”..................................... 102
5. Parol evidence rule................................................... 97
iii. Competency of a child witness ............................... 102
a. Application ............................................................... 97
iv. Examination of a child witness ............................... 102
b. When it can be introduced....................................... 97
v. Live-link TV testimony of a child witness ................ 102
c. Distinguish: original document rule and parol evidence
vi. Videotaped deposition of a child witness ............... 102
rule 97
vii. Hearsay exception in child abuse cases .................. 102
6. Authentication and proof of documents .................. 97
viii. Sexual abuse shield rule ......................................... 102
a. Meaning of authentication ....................................... 97
ix. Protective orders .................................................... 103
b. Classes of documents ............................................... 97
4. Admissions and confessions ................................... 103
c. When a private writing requires authentication; proof
of a private writing ..................................................................... 97 a. Admission by a party .............................................. 103
d. When evidence of authenticity of a private writing is b. Res inter alios acta rule .......................................... 103
not required ............................................................................... 98
c. Admission by a third party...................................... 103
e. Genuineness of handwriting .................................... 98
d. Admission by a co-partner or agent ....................... 103
f. Public documents as evidence; proof of official record
e. Admission by a conspirator .................................... 103
98
f. Admission by privies ............................................... 103
g. Proof of lack of record .............................................. 98
g. Admission by silence .............................................. 104
h. How a judicial record is impeached .......................... 98
h. Confessions............................................................. 104
i. Alterations in a document ........................................ 98
i. Similar acts as evidence .......................................... 104
j. Documentary evidence in an unofficial language .... 99
j. Admissibility of offers of compromise .................... 104
E. Testimonial Evidence.............................................................. 99
5. Hearsay rule............................................................ 104
1. Qualifications of a witness........................................ 99
a. Meaning of hearsay ................................................ 104
2. Disqualifications of witnesses................................... 99
b. Reason for exclusion of hearsay evidence.............. 105
a. Disqualification by reason of marriage ..................... 99
c. Exceptions to the hearsay rule ............................... 105
b. Disqualification by reason of privileged
communications; rule on third parties ....................................... 99 i. Dying declaration.................................................... 105
i. Husband and wife..................................................... 99 ii. Statement of decedent or person of unsound mind
100
ii. Attorney and client; exceptions ............................... 99
iii. Declaration against interest ................................... 105
iii. Physician and patient ............................................. 100
iv. Act or declaration about pedigree.......................... 105
iv. Priest and penitent ................................................. 100
v. Family reputation or tradition regarding pedigree . 105
v. Public officers ......................................................... 100
vi. Common reputation ............................................... 105
c. Parental and filial privilege rule .............................. 100
vii. Part of the res gestae ............................................. 106
d. Trade secrets .......................................................... 100
viii. Records of regularly conducted business activity... 106
3. Examination of a witness ........................................ 100
ix. Entries in official records ........................................ 106
a. Rights and obligations of a witness ........................ 100
x. Commercial lists and the like .................................. 106
b. Order in the examination of an individual witness . 101
xi. Learned treatises .................................................... 106
c. Leading and misleading questions.......................... 101
xii. Testimony or deposition at a former trial .............. 106
d. Impeachment of witness ........................................ 101
xiii. Residual exception.................................................. 106
i. Adverse party’s witness .......................................... 101
d. Independently relevant statements ....................... 106
ii. By evidence of conviction of crime .......................... 99
6. Opinion rule ............................................................ 107
iii. Own witness ........................................................... 101
a. Opinion of expert witness; weight given ................ 107
iv. How the witness is impeached by evidence of
inconsistent statements ....................................................... 101 b. Opinion of ordinary witness ................................... 107
e. Referral of witness to memorandum ..................... 101 7. Character evidence................................................. 107
f. Examination of a child witness ............................... 102 a. Criminal cases ......................................................... 100
 REMEDIAL LAW

b. Civil cases ............................................................... 100 4. Temporary environmental protection order .......... 112
c. Criminal and civil cases ........................................... 100 5. Judgment and execution; reliefs in a citizen’s suit . 112
8. Judicial affidavits .................................................... 107 6. Permanent environmental protection order; writ of
continuing mandamus .................................................................. 112
a. Scope ...................................................................... 107
7. Strategic lawsuit against public participation ......... 112
b. Submission in lieu of direct testimony ................... 107
C. Special proceedings .............................................................. 112
c. Contents ................................................................. 107
1. Writ of kalikasan ..................................................... 112
d. Offer and objection ................................................ 108
2. Prohibited pleadings and motions .......................... 113
e. Application in criminal cases .................................. 108
3. Discovery measures ................................................ 113
f. Effect of non-compliance ....................................... 108
4. Writ of continuing mandamus................................ 113
F. Offer and Objection.............................................................. 108
D. Criminal procedure ............................................................... 113
1. Offer of evidence.................................................... 108
1. Who may file .......................................................... 113
2. When to make an offer .......................................... 108
2. Institution of criminal and civil action .................... 113
3. Objection ................................................................ 108
3. Arrest without warrant, when valid........................ 113
4. Repetition of an objection ...................................... 108
4. Procedure in the custody and disposition of seized
5. Ruling...................................................................... 108
items 114
6. Striking out of an answer........................................ 108
5. Bail .......................................................................... 114
7. Tender of excluded evidence ................................. 109
6. Arraignment and plea ............................................. 114
REVISED RULES ON SUMMARY PROCEDURE ........................................ 109
7. Pre-trial................................................................... 114
A. Cases covered by the Rule.................................................... 109
8. Subsidiary liabilities ................................................ 114
B. Effect of failure to answer .................................................... 109
E. Evidence ............................................................................... 114
C. Preliminary conference and appearances of parties ............ 109
1. Precautionary principle .......................................... 114
D. Prohibited pleadings and motions........................................ 109
2. Documentary evidence........................................... 114
E. Appeal .................................................................................. 109
ALTERNATIVE DISPUTE RESOLUTION.................................................... 115
KATARUNGANG PAMBARANGAY.......................................................... 110
A. Types of processes and procedures in alternative dispute
A. Cases covered....................................................................... 110 resolution; comparison with court-annexed mediation ................... 115
B. Subject matter for amicable settlement .............................. 110 B. Domestic arbitration............................................................. 115
C. Venue ................................................................................... 110 C. Judicial review of arbitral awards ......................................... 115
D. When parties may directly go to court ................................. 110 D. Appeal from court decisions on arbitral awards................... 116
E. Execution .............................................................................. 110 E. Venue and jurisdiction.......................................................... 116
F. Repudiation .......................................................................... 110 F. Special Rules of Court on Alternative Dispute Resolution .... 116
RULES OF PROCEDURE FOR SMALL CLAIMS CASES .............................. 110 1. Subject matter ........................................................ 116
A. Scope and applicability of the Rule ...................................... 110 2. Summary proceedings in certain cases .................. 117
B. Commencement of small claims action; response ............... 111 3. Prohibited submissions........................................... 117
C. Prohibited pleadings and motions........................................ 111 4. Judicial relief involving the issue of existence, validity,
and enforceability of arbitration agreements .............................. 117
D. Appearances......................................................................... 111
5. Interim measures of protection ............................. 117
E. Hearing; duty of the judge.................................................... 111
6. Enforcement and recognition or setting aside of an
F. Finality of judgment ............................................................. 111
international commercial arbitral award ...................................... 117
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES ......................... 111
7. Recognition and enforcement of a foreign arbitral
A. Scope and applicability of the Rule ...................................... 111 award 118
B. Civil procedure ..................................................................... 111 8. Special civil action for certiorari ............................. 118
1. Prohibition against temporary restraining order and
preliminary injunction .................................................................. 111
2. Pre-trial conference; consent decree ..................... 111
3. Prohibited pleadings and motions.......................... 112
 REMEDIAL LAW

A being in imagination A natural person

comparable to a corporation
GENERAL PRINCIPLES Office Public officer

A. Distinguish: substantive law and 3. Classification of Philippine courts

remedial law
SUBSTANTIVE LAW
Part of law that creates, defines,
and regulates rights, or which
regulates the rights and duties
which give rise to a cause of
action
Makes vested rights possible
Prospective in application
Comes from the legislature
B. Rule-making power of the SC
SC – shall have power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice and procedure in
all courts.
REMEDIAL LAW
Branch of law that prescribes the
methods of enforcing rights and
obligations created by
substantive law; redress for
invasion of rights and violations
of duties; rules on how suits are
filed, tried, and decided upon
No vested rights attach nor arise
Retroactive in application unless
the law provides against it
Comes from the Supreme Court
Superior court – courts with controlling authority over some other court
or courts, and with certain original jurisdiction of its own; has the power
of review or supervision over lower courts
Inferior courts – subordinate to other courts, and whose judgements can
be reviewed by higher tribunals; subject to review and supervision of
higher courts
Court of record – bound to keep a record of their proceedings
Not of record – does not keep written account of proceedings
Criminal court – adjudicates crimes
Civil court – determines controversies between private persons
4. Courts of original and appellate
jurisdiction
Original court – first instance courts (first-level courts, always; RTC, CA,
SC, sometimes)
Appellate court – has the power to review decisions of lower courts

5. Courts of general and special

1. Limitations on the rule-making power jurisdiction
of the Supreme Court
GENERAL JURISDICTION SPECIAL JURISDICTION
Limitations – The rules shall Competence to decide on their Jurisdiction over a specific
(1) Provide a simplified and inexpensive procedure for the speedy own jurisdiction and take purpose, or are clothed with
disposition of cases cognizance of all cases, whether special powers for the
(2) Uniform for courts in the same grade civil and criminal, of a particular performance of specific duties
(3) Not diminish, increase, or modify substantive rights nature beyond which they have no
authority of any kind
2. Power of the Supreme Court to Has competence to exercise Family Courts; Commercial
jurisdiction over cases not falling Courts; CTA; SB
amend and suspend procedural rules within the jurisdiction of any
court, tribunal, person, or body
Power to amend – falls under the exclusive prerogative of the SC; the exercising judicial or QJ functions
power to create comes with the power to destroy If a commercial case is raffled to a non-commercial court, there must
Power to suspend or relax – rules can be suspended or relax to further the be a re-raffle among commercial courts. If a non-commercial case gets
ends of substantive justice; the exception rather than the rule raffled to a commercial court, such commercial court has jurisdiction
. to decide on it, in its capacity as general court.

C. Nature of Philippine Courts

6. Constitutional and statutory courts
1. Meaning of a court
Constitutional court – one created by direct provision of the Constitution;
Court – organ of the government belonging to the judicial department; the Supreme Court
functions to apply laws to controversies brought before it, as well as to Statutory court – those made by law other than Constitution; all other
administer justice courts except the Supreme Court

2. Distinguish: court and judge 7. Courts of law and equity

COURT
Tribunal officially assembled
under authority of law
Organ of the government with
personality separate from judge
JUDGE
Officer of such tribunal
Person who sits on the court
Court of law – administers law
Equity – where rules are relaxed when strong considerations of justice are
manifest; Philippine courts are both
When equity does not apply
(1) When there is a law applicable toa given case

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(2) When there is a judicial pronouncement on the issue Continuity of jurisdiction – once jurisdiction has attached, it cannot be
(jurisprudence) ousted by subsequent events, until the finality of the case.
(3) When the one seeking the imposition of equity has been guilty GR: A law enacted during the pendency of a case which transfers
of unlawful or inequitable conduct in the matter with relation jurisdiction to another court does not affect cases prior to its enactment
to which he seeks relief EXC:
(1) When the new law expressly provides for retroactive
application
8. Principle of judicial hierarchy (2) When the change of jurisdiction is curative in character

Hierarchy of courts
GR: Direct recourse to higher courts is improper; the judicial system
follows a ladderized scheme, which requires that lower courts initially C. Jurisdiction of Philippine courts
decide on a case before it can be considered above; finds application
when there are courts of concurrent jurisdiction Jurisdiction of PH courts
EXC: Direct invocation of the SC’s original jurisdiction to issue a writ of GR: Determined by statute in force at the time of commencement
certiorari shall be allowed only when there are special and important EXC:
reasons clearly and specifically set out in the petition. (1) Statute provides for retroactive application
(2) Curative statutes
9. Doctrine of non-interference or
doctrine of judicial stability 1. Supreme Court

Doctrine of judicial stability ORIGINAL JURISDICTION

GR: Courts of equal and coordinate jurisdiction cannot interfere with ORIGINAL AND EXCLUSIVE
other courts; bars a court from reviewing or interfering with the judgment Petitions for writs of certiorari, prohibition, and mandamus against
of a co-equal court over which it has no appellate jurisdiction or power of (1) CA (4) SB
review (2) COMELEC (5) CTA
EXC: (3) COA
(1) Third party claimant ORIGINAL AND CONCURRENT
(2) Execution through separate action With the CA, Petitions for certiorari, prohibition and mandamus
(3) Preliminary attachment subject to (1) NLRC
(4) Replevin, through intervention hierarchy of (2) CSC
courts (3) QJ agencies
(4) RTC and lower courts
JURISDICTION Petitions for writ of kalikasan
With the CA Habeas corpus and QW
and RTC Certiorari, prohibition, mandamus against lower
A. Classification of jurisdiction courts and bodies
Continuing mandamus
Jurisdiction – power and authority of the court to hear, try, and decide; With RTC Actions affecting ambassadors, other public
authority to execute decisions; has four kinds ministers and consuls
(1) Over the subject matter APPELLATE JURISDICTION
(2) Over the parties By Rule 45 Appeals from the RTC, in the exercise of its original
(3) Over the issues jurisdiction, involving pure questions of law;
(4) Over the rest Appeals from the following with QOL or QOF:
(1) CA
(2) CTA en banc
1. Distinguish: original and appellate (3) SB
(4) Amparo
2. Distinguish: general and special (5) Kalikasan
Already discussed above,
(6) Habeas data

3. Distinguish: exclusive and concurrent In criminal cases where there is a judgment of

conviction, and appeal raises pure QOL
Exclusive jurisdiction – jurisdiction which precludes the idea of By Rule 64 Decision, order, or ruling of COMELEC and COA
coexistence; refers to jurisdiction to the exclusion of all others Automatic When there is death penalty, but must now go
Concurrent jurisdiction – jurisdiction which is held by different courts to review through the CA first
take cognizance of the same subject matter; the court first taking
cognizance makes it exclusive

B. Doctrines of hierarchy of courts and

continuity of jurisdiction
Hierarchy of courts already discussed

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2. Court of Appeals (4) Violations of

a. Drugs
b. VAWC
ORIGINAL JURISDICTION
c. Agrarian Reform
ORIGINAL AND EXCLUSIVE
d. OEC
Actions for annulment of judgments of the RTC on the ground of
Other cases Recognition of arbitration agreement, or setting
extrinsic fraud and LOJ
aside/modifications of the same
ORIGINAL AND CONCURRENT Just compensation under CARL
With the SC Petitions for certiorari, prohibition and mandamus ORIGINAL AND CONCURRENT
subject to (5) NLRC
With SC Actions affecting ambassadors, other public
hierarchy of (6) CSC
ministers, consuls
courts (7) QJ agencies
With SC and Certiorari, prohibition, mandamus, QW, HC,
(8) RTC and lower courts
CA injunction all over the Philippines
Petitions for writ of kalikasan
Continuing mandamus
With SC, SB, Amparo, habeas data
W/ SC, CA, SB Amparo, habeas data
RTC
With IC Claims not exceeding 100k
With SC and Habeas corpus and QW
APPELLATE JURISDICTION
RTC Certiorari, prohibition, mandamus against lower
Cases decided by the first-level courts
courts or bodies
Continuing mandamus
APPELLATE JURISDICTION 6. Family Courts
By NOA Appeals from
(1) RTC in its ogj, except when R45 applies Original and exclusive jurisdiction
(2) RTC on constitutional and jurisdictional (1) Where one or more of the accused is 15-18 years old; or when
questions, which are QOF victim is below 18 at the time of commission
(3) Family courts (2) Guardianship, custody, HC for custody
(3) Adoption
In criminal cases, when (4) Marriages
(1) RTC decides in ogj (5) Support and/or acknowledgments
(2) When there is conviction in the RTC but (6) Summary judicial proceedings in FCP
offenses committed on the same (7) Declaration of status of children
occasion gave rise to a more serious (8) Family home
offense punishable by DRPLI (9) RA 7610 (CSA)
Petition for QOF, mixed QOL and QOF, or QOL for (10) VAW
review (1) Regular – appeals from RTC in aj
(2) Special – Rule 43
Automatic When there is death penalty, but must now go 7. First-level courts
review through the CA first
ORIGINAL JURISDICTION
ORIGINAL AND EXCLUSIVE
3. Court of Tax Appeals Civil (1) Real property – 20/50k
(2) Admiralty, maritime – 300/400k
See TAX Reviewer (“does not (3) Estate – 300/400k
exceed”) (4) Other cases, exclusive of interest –
4. Sandiganbayan 300/400k
Criminal Except those falling under RTC or SB
See CRIMPRO part of this reviewer (1) Violation of ordinance within territory
(“does not (2) Imprisonment not exceeding 6 years
exceed”) (3) Those not falling under SB
5. Regional Trial Courts (4) Damage to property through criminal
negligence
ORIGINAL JURISDICTION (5) Fine – 4k
ORIGINAL AND EXCLUSIVE DELEGATED
Civil (1) Incapable of pecuniary estimation Cadastral or land registration, when there is no opposition, or
(2) Real property – 20/50k contested lots value not exceeding 100k
(“exceeds”) (3) Admiralty, maritime – 300/400k SPECIAL JURISDICTION
(4) Estate – 300/400k In the absence of all RTC judges in the locality – HC and bail
(5) Catch-all SUMMARY PROCEDURE
(6) Family matters Civil Ejectment cases;
(7) Special Agrarian Courts, as provided All others (except probate) where claim does not
(8) Other cases, exclusive of interest – exceed 100/200k
300/400k Criminal Traffic violations, rental law violations, ordinances,
Criminal (1) Exceeds 6 years imprisonment BP 22, all other penalties not exceeding 6 months
(2) Those not falling under the SB and/or fine of 1k, damage to property thru
(“exceeds”) (3) Penalty is fine – 4k negligence, where fine is less than 10k

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 REMEDIAL LAW

D. Aspects of jurisdiction
d. Distinguish: doctrine of primary
1. Jurisdiction over the parties
administrative jurisdiction and
Jurisdiction over the parties – power of the court to render personal doctrine of exhaustion of
judgment or to subject the parties in a particular action to the judgment
or other rulings rendered in action administrative remedies
PRIMARY JURISDICTION EXHAUSTION
a. How jurisdiction over the plaintiff Precludes the courts from Available remedy before an AA
is acquired resolving a controversy over must first be sought before going
which jurisdiction has been to court
How acquired – filing of a valid and authorized complaint lodged with AA
Arises when courts and AA have Arises where remedy is
concurrent jurisdiction cognizable at first instance by the
b. How jurisdiction over the AA prior to judicial review
defendant is acquired Effect is to suspend the judicial Effect is to withhold judicial
process pending referral of such interference until the
How acquired issues to the AA administrative process is done
(1) Summons
(2) Voluntary submission e. Doctrine of adherence of
When necessary – only in actions in personam; for in rem, the jurisdiction jurisdiction
over the defendant is not necessary
Already discussed

2. Jurisdiction over the subject matter

f. Objections to jurisdiction over the
a. Meaning of jurisdiction over the
subject matter
subject matter
Objections to jurisdiction over SM – may be filed at any stage of the
Jurisdiction over the subject matter – power to deal with the general proceedings, even for the first time on appeal
subject involved in the action; refers to jurisdiction of the class of cases to
which the particular case belongs; determined by law
g. Effect of estoppel on objection to
b. Distinguish: jurisdiction and jurisdiction
exercise of jurisdiction Sibonghanoy doctrine – while the jurisdiction of SM may be raised at any
stage of the proceedings, a party may still be parred from raising it on the
JURISDICTION EXERCISE OF JURISDICTION ground of estoppel or laches
Authority to hear and decide Exercise of such power
Actual power, the authority itself Acts of the court in accordance
with jurisdiction, when it renders 3. Jurisdiction over the issues
and executes a decision
Jurisdiction over the issues – power of the court to try and decide the
issues raised in the pleadings of the parties
c. How jurisdiction is conferred and
determined How conferred and determined
GR: By the pleadings of the parties that present issues to be tried and
determined, whether or not QOL or QOF
How conferred – conferred only by the Constitution or law
EXC:
Effect of LOJ – void, no effect
(1) By stipulation of the parties at pre-trial, by stipulation of facts
or entering into an agreement
Determining jurisdiction
(2) By express or implied consent of the parties
(1) From primary relief or ultimate objective of the complaint
a. Even if denominated as a “cancellation of DOS,” it
is a real action as it seeks reconveyance of property 4. Jurisdiction over the res
b. Complaint to redeem property, however, is one of
incapable of pecuniary estimation, as it is one for Jurisdiction over the res – jurisdiction over the thing or property that is
specific performance subject to the action; acquired by
(2) Jurisdictional amounts of personal actions – value of the (1) Actual or constructive seizure of the property (attachment)
personal property, estate, or amount of demand (2) Asa result of the institution of legal proceedings
(3) Jurisdictional amounts of real actions – assessed value of the (3)
real property involved as alleged in the complaint

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 REMEDIAL LAW

(7) Where there is no private offended party

5. Jurisdiction over the remedies (8) Where urgent legal action is necessary
(9) Any dispute which the President may assume or refer to DOJ
Jurisdiction over the remedies – refers to the Rules of Court, on whether
(10) Those arising from CARL
the remedy taken is the proper one
(11) Labor disputes with EER
(12) Actions to annul compromise
E. Distinguish: error of jurisdiction and
error of judgment 3. Summary Procedure
JURISDICTION JUDGMENT Scope – summary procedure in first level courts, for the following cases
When the court exercises When a court or tribunal clothed (1) Civil
jurisdiction not conferred upon with jurisdiction commits a a. Ejectment
it, or when the court/tribunal mistake in the appreciation of b. Estate – 100/200k
acts in excess of the same, or in facts and evidence leading to an (2) Criminal
grave abuse erroneous judgment a. Traffic
b. Rent
Corrected by certiorari Corrected by MR/appeal
c. Ordinance
d. BP 22
F. Distinguish: jurisdiction and venue e. Penalty does not exceed 6mo and/or 1k
f. Damage to property thru criminal negligence,
VENUE JURISDICTION penalty not exceed 10k
Place where the case will be Authority to hear and rule a case;
heard; geography conferred by law When not applicable – when the plaintiff’s COA is pleaded in the same
complaint with another COA subject to ordinary procedure; when offense
Procedural Substantive
charged is necessarily related to another criminal case subject to ordinary
Establishes a relationship Establishes a relationship
procedure
between plaintiff and defendant between the court and the SM
Can be agreed upon by parties Cannot be agreed upon
Raised as affirmative defense Can be raised any time; raised as H. How jurisdiction is determined
affirmative defense and as MTD
Venue is jurisdictional in criminal cases Already discussed

G. Jurisdiction in the following— CIVIL PROCEDURE

1. Small Claims
Scope – governs procedure of first-level courts, involving all actions that A. General Provisions
are purely civil in nature, where the relief is solely payment or
reimbursement of money; claims or demands may be Cases where Rules of Court apply
(1) For money owed under lease, loan, services, sale, or mortgage (1) Civil cases
(2) Enforcement of barangay settlement (2) Criminal cases
(3) Arbitration award involving money claim (3) Special proceedings

Amount – does not exceed 400k, exclusive of interests and costs Cases where Rules of Court don’t apply
(1) Election
Venue – in the first level court, at the election of plaintiff, where (2) Land registration
(1) Plaintiff resides (3) Cadastral
(2) Defendant resides (4) Naturalization
(3) For non-resident defendant, where he may be found (5) Insolvency
(4) If engaged in lending, banking – in the city where defendant (6) Other cases not herein provided for
resides, if plaintiff has a branch in that city
Commencement of cases – from filing of original complaint; in case of
additional defendant, from time they were impleaded in a later pleading
2. Katarungang Pambarangay
GR: All disputes between persons are subject to conciliation, and it is a B. Actions
condition precedent before filing of a complaint in a court or tribunal
EXC:
1. Meaning of ordinary civil actions
(1) One party is the government
(2) One party is a PO, and the dispute is on his performance Ordinary civil actions – one by which a party sues another for the
(3) Real properties in different localities, subject to agreement enforcement or protection of a right, or the prevention or redress of a
(4) Complaint involving corporations wrong committed
(5) Disputes between parties who reside in different localities,
subject to agreement 2. Meaning of special civil actions
(6) Maximum penalty exceeds 1M or fine over 5k

MDB 5 2021
 REMEDIAL LAW

Special civil action – contains special features not found in ordinary civil
actions; governed by the rules but subject to specific ones under Rules 62-
C. Cause of Action
71 for SCA 1. Meaning of cause of action
3. Meaning of criminal actions Cause of action – an act or omission of one party in violation of the legal
rights of another; elements
Criminal action – State prosecutes a person for an act or omission (1) Legal right of plaintiff
punishable by law (criminal procedure) (2) Correlative obligation of the defendant to respect the same
(3) Breach of the defendant in violation of the plaintiff’s right

4. Civil actions vs. special proceedings 2. Right of action vs. cause of action
Civil action - A party sues another for the enforcement or protection of a
right, or the prevention or redress of a wrong Right of Action COA
Special proceedings - remedy by which a party seeks to establish a status Right to commence or maintain Act or omission of one party in
or a right of a party, or a particular fact an action violation of the legal rights of
another
Remedial right of persons Formal statement of operational
5. Personal actions and real actions facts that give rise to the
remedial right of action
Real actions – those that affect the title to or possession of real property Governed by procedural law Governed by substantive law
or any interest therein Remedy afforded Reason for the action
Personal actions – all other actions, except criminal actions, not involving May be lost or waived due to Not affected by affirmative
title to or possession of real property or any interest therein; involves affirmative defenses defenses
actions in which personal property is sought to be recovered, or damages
for breach of contract are sought
Relevant for determination of venue and jurisdiction 3. Failure to state a cause of action vs.
lack of cause of action
6. Local and transitory actions
FAILURE TO STATE LACK OF
Local action – a real action is local, i.e. venue depends on the location of Insufficiency of the allegations as Insufficiency of factual basis for
the property involved in litigation; it is filed where the property is situated seen in the pleadings the action itself
Transitory action – a personal action is transitory, i.e. the venue depends Raised as an affirmative defense Raised after the plaintiff has
on the residence of the plaintiff or of the defendant, at the election nof in the Answer rested his case; demurrer
the former
4. Test of the sufficiency of COA
7. Actions in rem, in personam, and
Test of sufficiency of COA – look at the allegations in the body of the
quasi in rem complaint; test: whether or not, admitting the facts alleged, the court
could render a valid verdict in accordance with the prayer of plaintiff; if
IN REM IN PERSONAM QUASI IN REM the allegations give sufficient basis by which a complaint can be
Determines the state Imposes a Purpose is to subject maintained, then it should not be dismissed.
or condition of a responsibility upon a the interest of a
thing person directly named defendant
over a particular 5. Splitting a single cause of action and
property to an
obligation or lien
its effects
burdening it
Rule – one suit = one COA
Directed against the Directed against a Directed against
Splitting of causes of action – one COA = many suits
thing itself particular person particular persons
Jurisdiction over Jurisdiction over Jurisdiction over
Effect of splitting of causes of action – the filing of one or a judgment upon
defendant is not defendant is defendant is not
the merits in any one is available as a ground for dismissal of the others
required required required as long as
on res judicata or litis pendentia.
jurisdiction over res
is acquired
Test in determining whether two suits relate to a single or common COA
Judgment is binding Judgment is binding Judgment is binding
(1) Whether the same evidence would support and sustain both
on the world only on parties only on particular the first and second COA
impleaded and SII persons (2) Whether the defenses in one case may be use to substantiate
Adoption; correction Collection of sum; Quieting of title; the complaint in the other
of entries; damages; ejectment; foreclosure; (3) Whether the COA in the second case existed at the time of the
annulment; filiation; specific performance attachment filing of the first complaint
registration etc etc proceedings

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 REMEDIAL LAW

Indispensable party – parties in interest without whom no final

6. Joinder and misjoinder of COA determination can be had of an action; if they are not joined as plaintiffs
or defendants; absence of an indispensable part renders null and void
Joinder of COA – one suit = several COA; subject to the following:
subsequent actions of the court
(1) The party joining the causes of action shall comply with the
rules on joinder of parties; i.e.
Necessary party – one who is not indispensable, but who ought to be
a. The right to relief should arise out of the same
joined as ap arty for complete relief to be accorded
transaction or series of transactions
b. There exists a common question of law or fact
Indigent party – a party may be authorized to litigate as an indigent, if the
among all parties
court is satisfied that the party is one who has no money or property
(2) The joinder shall not include special civil actions or actions
sufficient and available for food, shelter, and basic necessities; under Rule
governed by special rules;
141:
(3) Where the causes of action are between the same parties
(1) Applicant’s gross income, and their immediate family, do not
[therefore no joinder of parties] but pertain to different
exceed an amount 2x the monthly minimum wage and
venues or jurisdictions, the joinder may be allowed in the
(2) Applicant does not own real property with FMV of more than
Regional Trial Court provided one of the causes of action falls
300k in tax dec
within the jurisdiction of said court and the venue lies therein;
and
Exemptions for an indigent party
(4) Where the claims in all the causes of action are principally for
(1) Docket fees
recovery of money, the aggregate amount claimed shall be the
(2) Other lawful fees
test of jurisdiction
(3) TSN
1 and 2 will be a lien on the judgment rendered in their favor
Misjoinder – when the conditions are not met; effects:
(1) The erroneously joined COA can be severed from the others,
Alternate defendant – where the plaintiff cannot definitely identify who
and may proceed separately upon motion by a party or motu
among 2/more persons should be impleaded as a defendant, he may join
proprio by the court
all of them as defendants in the alterative, even if a right to relief against
(2) If after severance, the case falls outside the jurisdiction of the
one is inconsistent with the other
court, the case may be dismissed motu proprio or on motion
for LOJ
Other kinds of parties
(3) If no one objects to misjoinder, it would be tried and decided
(1) Representatives – the beneficiary shall be included in the title
together with the other COA
of the case, and shall be deemed to be the real party in
(4) If there is objection and the same is proper, but the party fails
interest; includes: guardian, trustee, executor, administrator,
or refuses to sever the misjoined COA, the complaint is
authorized party by law or Rules
dismissible under Rule 17
(2) Spouses – shall sue and be sued jointly, except as provided by
law; summons, however, are to be served individually
D. Parties to Civil Actions (3) Minors or incompetent persons - person may sue or be sued,
with the assistance of his father, mother, guardian, or
Who may be parties guardian ad litem (in default of everyone else)
(1) Natural persons (4) Unknown defendant – when the Identity or name of
(2) Juridical entities defendant is unknown, he may be sued by designation; but
a. State and its political subdivisions when the name is acquired, the pleading must be amended
b. Other corporations, institutions, entitles for public
interest or purpose, created by law 2. Compulsory and permissive joinder of
c. Corporations, partnerships, associates for private
interest or purpose, with separate juridical parties
personality from its stakeholders
(3) Entities authorized by law Joinder of parties
a. Corporations by estoppel GR: Joinder of parties is not compulsory, but permissive
b. De facto partnerships EXC: Indispensable parties must be joined.
c. Estate of a deceased person
d. LLO Permissive joinder of parties – allowed when the following are complied
e. The Roman Catholic Church (1) Right of relief arises from the same transaction or series of
f. Dissolved corporations within 3 years from transactions or events
dissolution (2) There is a common QOL or QOF among all parties

1. Real parties in interest; indispensable 3. Misjoinder and non-joinder of parties

parties; representatives as parties; Misjoinder – a party is misjoined when he is made a party to action
necessary parties; indigent parties; although he should not be impleaded
alternative defendants Non-joinder of parties, effects
Generally, it is not a ground to dismiss. However,
Real parties in interest – the party who stands to be benefited or injured Indispensable
when amendment or intervention is no longer
by the judgment or suit, or the party entitled to the vailed by the suit; party
available, as in, after entry of judgment and the party
must be prosecuted in the name of the real party in interest.

MDB 7 2021
 REMEDIAL LAW

was not included despite order of the court – the Death or separation of a public officer – the action may be continued and
judgment is null and void maintained by or against his successor, provided that there is a substantial
need to proceed; the successor adopts, continues, or threatens to do the
Nevertheless, failure to implead an indispensable action sued upon; substitution must be done within 30 days after
party makes available the affirmative defense of successor assumes office or time provided by court; notice to the other.
failure to state a COA.
Does not prevent the court from proceeding in the
action; judgment rendered therein shall be without E. Venue
prejudice to the rights of the necessary party 1. Venue of real actions
Necessary
If the court finds reason for omission of a necessary 2. Venue of personal actions
party unmeritorious, it may order their inclusion if
party
jurisdiction over them can be obtained 3. Venue of actions against non-
residents
Failure to comply with the order of the court to
include is a waiver of the claim against the necessary Actions affecting real property or interest therein
party Court which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is situated.
Real
4. Class suit actions
Forcible entry and detainer actions
Requisites of a class suit Municipal trial court of the municipality or city where the
(1) Subject matter of the controversy is one of common or general real property involved or a portion thereof is situated
interest All other actions, choices
(2) Involves many persons (1) Plaintiff’s residence
(3) It would impracticable to join all as parties Personal (2) Defendant’s residence
(4) The parties bringing the class suit are sufficiently numerous or actions (3) If non-resident defendant, where he may be
representatives of the class and can fully protect the interests found
of all concerned At the election of the plaintiff
Not a resident, or cannot be found in the Philippines, and
the action affects personal status of defendant or his
5. Suits against entities without juridical property in the Philippines
personality (1) Where the plaintiff resides, or
(2) Where the property may be found
Suits against entities with juridical personality
Not a resident, but cannot be found, and it is a personal
(1) Two or more person not organized as an entity, without
Against action
juridical personality – may be sued under the name they are
non- (1) Where plaintiff resides, or
known generally
residents (2) Where the plaintiff may be found
(2) Unlicensed foreign corporation doing business can be sued,
and can sue on an isolated transaction
Several defendants, one of them a resident, or a non-
resident that can be found in PH
6. Effect of death of party litigant (1) Where the plaintiff resides or
(2) Where the resident defendant resides
Duty of counsel (3) Where the nonresident defendant may be
(1) Counsel must inform the court within 30 days after the death, found
naming already the substitutes. They can be the heirs
themselves even without an E/A
(2) The new legal representative must appear within 30 days from
4. When the rules on venue do not apply
notice
When the rules above don’t apply
(3) If no substitute is named or when they do not appear as
(1) When a specific rule or law provides otherwise
required under (2), the opposing party can procure the
a. Derivative suits – RTC where the principal office is
appointment of an E/A
b. Nullity and annulment – where
i. Either party has been residing for at
Action on contractual money claims arising from contract
least 6 months before filing
Plaintiff dies Plaintiff’s heirs or legal representatives will be
ii. Non-resident respondent – where he
substituted for him, and the case shall proceed
may be found in the Philippines
Defendant dies Case shall not be dismissed, but shall be allowed
iii. When there is no Family Court, raffle
during pendency to continue until entry of final judgment.
among RTCs
Enforcement, if against him, will be a claim
c. DAA – where the adoptive parents reside
against his estate.
d. ICAA – where the child is
Defendant dies If before execution – the judgment may be
e. Probate – where the deceased resided at the time
after finality enforced against the E/A or SII, as a claim
of his death; if abroad, where he has property
against the estate
(2) When the parties validly agree in writing before the filing of
If after execution – property can be sold already
the action, on an exclusive venue
for satisfaction

MDB 8 2021
 REMEDIAL LAW

5. Effects of stipulations on venue c. Counterclaims

Restrictive and permissive written stipulations Counterclaim – any claim, which a defending party may have against an
(1) Restrictive – gives rise to exclusive venue to bring suit; rules opposing party; in itself, it is a distinct and independent COA and when
on venue in the ROC will not apply filed, there are become two simultaneous actions between the same
(2) Permissive – allows only an additional venue; rules on venue parties.
in ROC will have to apply
Counter claim is still within plaintiff vs. defendant.
Cases
(1) Stipulations of venue apply only when the COA is on breach of
contract i. Compulsory counterclaim
(2) If the complaint was assailing the very validity of the written
agreement, the parties are not bound by the venue stipulation
therein Compulsory counterclaim – a counterclaim that must be brought in the
(3) PN for the obligation extents to the surety; the two are same suit, or else it is barred forever; elements
intertwined or interconnected (1) Arises out of or is necessary connected with the transaction or
occurrence which is the SM of the opposing party’s claim
(2) It does not require the presence of 3P over whom the court
F. Pleadings cannot acquire jurisdiction, in order to adjudicate
(3) Court has jurisdiction over the amount and nature of the case
Pleading – written statements of respective claims and defenses of (4) Must be cognizable by the regular courts of justice
parties, submitted to the court for appropriate judgment
Test to determine the compulsoriness of a counterclaim
PLEADING MOTION (1) Are the issues of fact or law raised by the claim and
Submission of claims or defenses Application for an order not counterclaim largely the same?
for appropriate judgment included in the judgment (2) Would res judicata bar a subsequent suit on defendant’s claim
May be initiatory or not Cannot be initiatory; only if a compulsory counterclaim is not brought in the main?
auxiliary to the main action (3) Will substantially the same evidence support or refute
Must be written May be oral plaintiff’s claim as well as the defendant’s counterclaim?
Must be filed before judgment May be filed even after judgment (4) Is there any logical relation between the claim and
counterclaim?
If yes to all – compulsory.
Allowed pleadings
(1) Complaint
Rule on barring of compulsory counterclaims
(2) Answer
GR: A compulsory counterclaim that a defending party has at the time
(3) Counterclaims
they file an answer shall be contained therein; if not, it is barred
(4) Cross-claims
EXC: It can be brought even after filing of Answer in these instances
(5) Third (n)-party complaint
(1) A counterclaim which matured or was acquired by a party
(6) Complaint in intervention
after serving their pleading, with LOC, by supplemental
(7) Reply
pleading; must be before judgment
(2) When a pleader fails to set up counterclaim through oversight,
1. Kinds of pleadings and when they inadvertence, excusable negligence, or when justice
requirements, by amendment
should be filed
a. Complaint ii. Permissive counterclaim
Complaint – pleading alleging the plaintiff’s or claiming party’s COAs; must Permissive counterclaim – if any of the elements of a compulsory
contain the names and addresses of the plaintiff and defendant. counterclaim is absent, it is permissive; it is not barred if not brought in
the main case; it is an independent case that is being brought in the same
b. Answer suit for convenience, and thus is an initiatory pleading

Answer – pleading in which a defending party sets for this defenses; may COMPULSORY
be an answer to a complaint, a counterclaim, or a cross-claim but not a Not an initiatory pleading
reply (answers to replies are rejoinders) Does not need CNFS
A CC that merely reiterates
special defenses are deemed
i. Negative defenses controverted even without reply
Negative defense – specific denial of the material fact or facts alleged in Issues raised are automatically
the pleading, essential to the COA; a valid defense joined with the allegations, and
need not be answered
ii. Negative pregnant No need to pay docket fees
(suspended at the moment)
Negative pregnant – qualified denial; not a denial, considered admission
PERMISSIVE
Initiatory pleading
Needs CNFS
It must be answered by the party
against it was interposed,
otherwise, he may be declared in
default of the counterclaim
Must be answered within 10 days
from service
Must pay docket fees

MDB 9 2021
 REMEDIAL LAW

Requisites for 3xPC

iii.
Three scenarios that arise
Defendant files answer raising an
affirmative defense and
counterclaim, and upon hearing
of affirmative defenses, court
dismisses the case
Plaintiff himself files a motion to
dismiss his complaint after
defendant has pleading his
answer with counter claim, and
the same is granted
Complaint is dismissed through
plaintiff’s fault, and at that time,
counterclaim has already been
set up
Effect on the counterclaim
when the complaint is
dismissed
Dismissal of the complaint shall
be without prejudice to the
prosecution of counterclaim in
the same or separate action
(1997 Rules)
Dismissal is without prejudice to
the right of the defendant to
prosecute his counterclaim in a
separate action unless he says he
wants it done in the same case,
within 15 days from notice
Dismissal is without prejudice to
the right of the defendant to
prosecute his counterclaim in a
separate action
(1) Party to be impleaded is not yet a party to the action (or else
it would be a counterclaim or cross-claim)
(2) Claim against 3P-defendant must belong to the original
defendant
(3) Claim of the original defendant against 3P defendant must be
based upon the plaintiff’s claim against the original
(4) Defendant is attempting to transfer to the 3P the liability
asserted against him by the plaintiff
When 3PC can be denied admission
(1) The 3P defendant cannot be located within 30d from grant of
LOC
(2) Matters extraneous to the issue in the principal are raised
(3) Effect would be introduction of new and separate controversy
f. Complaint-in-intervention
Intervention – remedy by which a 3P, not originally impleaded in a
proceeding, becomes a litigant to protect their right or interest that may
be affected by the proceedings

Complaint in Intervention is outside the original parties, but no one is

d. Cross-claims dragging anyone in; someone is sticking their head into the case

Cross-claim – any claim by one party against a co-party, arising out of a Requisites to allow
transaction or occurrence that is the subject matter either of the main or (1) A person has legal interest in
counterclaim; like a compulsory counterclaim, it must be raised in the a. The matter in litigation
answer or else it is barred. b. The success of any of the parties
c. Against the parties
Requirements to be a cross-claim d. He is situated to be adversely affected by the
(1) One party against co-party distribution or disposition of property in custodia
(2) Arising from same transaction or occurrence that is the subject legis
matter of main case or counterclaim (2) Intervention must not unduly delay or prejudice the
(3) Cross-claimant is prejudiced by the claim against him by the adjudication of the main case
opposing party (3) The intervenor’s rights may not be fully protected in a
separate proceeding
Cross claim is within defendant vs. defendant, or plaintiff vs. plaintiff. (4) Must be filed before the judgment

Rule on barring cross-claims

GR: A cross-claim not set up in action is barred
EXC: Cross-claim is considered permissive in the following, and does not
result in being barred if not raised in the action.
(1) A counterclaim which matured or was acquired by a party
after serving their pleading, with LOC, by supplemental
pleading; must be before judgment
(2) When a pleader fails to set up counterclaim through oversight,
inadvertence, excusable negligence, or when justice
requirements, by amendment
(3) When it is outside the jurisdiction of the court
(4) If the court cannot acquire jurisdiction over 3P whose
presence if necessary for the adjudication of the cross-claim
g. Reply
Reply – function is to deny or allege facts in denial, or to avoid new
matters, in response to an Answer with an actionable document
Actionable document – document upon which an action or defense
h. Extensions of time to file
When allowed – a defendant may, for meritorious reasons, be granted an
additional period for not more than 30 calendar days to file an Answer;
only one is allowed

e. Third (x)-party complaints

2. Pleadings allowed in small claims
Third-party complaint – a claim that a defending party may, with LOC, file cases and cases covered by the Rules
against a person not a party to the action, in respect of his opponent’s
claim, for on Summary Procedure
(1) Contribution
(2) Indemnity Allowed in Small Claims
(3) Subrogation (1) Statement of Claims
(4) Any other relief (2) Response
(3) Counterclaim
3PC is no longer among the original parties; you drag one in. Everything else is prohibited

MDB 10 2021
 REMEDIAL LAW

Allowed in summary procedure

(1) Complaint
d. CNFS
(2) Compulsory counterclaim in the Answer
Forum shopping – how to commit
(3) Cross-claims in the Answer
(1) Filing multiple cases on the same COA and with same prayer,
(4) Answers to the above
when the other has not been resolved (litis pendentia)
Everythign else is prohibited
(2) Filing multiple cases on the same COA with same prayer, when
the other has been resolved (res judicata)
3. Parts and contents of a pleading (3) Filing multiple cases based on the same COA but with different
prayers (splitting)
a. Caption
CNFS – statement executed by the plaintiff or principal party, under oath,
Contents of caption signed by the parties
(1) Name of the court
(2) Title of the action (A, plaintiff vs. B, defendant) Who signs the CNFS
(3) Docket number if assigned GR: All the parties; authorization of the affiant must be attached if acting
on behalf of another party
EXC: Counsel can sign in behalf of everyone, if they have a common
b. Signature and address interest and only then
Who must sign the complaint – plaintiff or counsel representing them, Contents of CNFS
indicating their address (1) That the party has not commenced any action or filed any
claim involving the same issues in any court, tribunal, QJA, and
Implications of lawyer’s signature on the lawyer – it is a certification that to the best of their knowledge, no such case is pending therein
(1) They read the pleadings and documents (2) If there is such other pending action or claim, a complete
(2) To the best of their knowledge, information, and belief, and statement of the present status thereof
forced after an inquiry reasonable under the circumstances (3) If they learn that a same or similar action or claim has been
a. The pleading is not being presented for any filed or pending, they shall report the fact within 5 days from
improper purpose, such as to harass, unnecessarily discovery
delay, or needlessly increase costs of litigation
b. Claims, defenses, other legal contentions are Effect of lack of CNFS – fatal to the pleading, cannot be cured by mere
warranted by existing law or jurisprudence, or by amendment; it is a cause for dismissal without prejudice; file a new
non-frivolous argument for extending, modifying, complaint with a proper CNFS
or reversing jurisprudence
c. Factual contentions have evidentiary support, or if
specifically, so identified, will likely have support e. Contents of a pleading
after availing of Discovery
d. Denials of factual contentions are warranted on Contents in a pleading
the evidence, or if specifically, so identifiable, are (1) Designation of the pleading
reasonable based on belief or lack of information (2) Allegation of the party’s claims and defenses
(3) Reliefs prayed for
(4) Date of the pleading
c. Verification (5) Names of witnesses that will be presented
(6) Summary of the witnesses’ intended testimonies, as
Verification supported by JA attached to the pleading
GR: Does not need to be verified (7) Documentary and object evidence in support of the
EXC: The law or rule provides allegations in the pleading
Who signs the verification Rule on barring of witnesses
GR: The party; authorization of the affiant must be attached if acting on GR: If the JA is not attached, the witness cannot be presented.
behalf of another party EXC: Party presents meritorious reasons as basis for admission of
EXC: Signature of the counsel is substantial compliance additional witnesses.
Contents of a verification
(1) Allegations in the pleading are true and correct based on their 4. Allegations in a pleading
personal knowledge
(2) Pleading is not filed to harass, cause unnecessary delay, or Contain in a methodical and logical form, a plain,
needlessly increase costs of litigation concise and direct statement of the ultimate
(3) Factual allegations have evidentiary support or, if specifically, facts, including the evidence on which the party
so identifies, will have evidentiary support after reasonable relies. If based on law, include pertinent
opportunity for discovery. In general provisions of law

Effect of lack of verification – if required to be verified, it shall be treated May include alternative causes of action or
as an unsigned pleading; however, pleading is not defective; court may defenses, where only one need be sufficient to
just order for correction maintain COA
Conditions General averment of the performance of
precedent occurrence of all conditions precedent

MDB 11 2021
 REMEDIAL LAW

Facts showing the capacity of the person to sue GR: A specific denial under oath must be made to deny the genuineness
or be sued, or the authority of the party to sue and due execution of an actionable document; if not, both are admitted;
or be sued in a representative capacity thus the following defenses are foreclosed
Capacity (1) Forgery
If raised as an issue, it must be alleged by specific (2) Lack of authority to execute the document
denial, including supporting particular as are (3) Want of delivery
peculiarly within the pleader’s knowledge (4) At time of signing, it was not in words and figures set out in
Fraud, Mistake, Must be alleged with particularity the pleading
Condition of Mind EXC: No need for oath in the following
Malice, intent, Generally is enough (1) Adverse party is not a party to the instrument
knowledge, other (2) Compliance with an order for an inspection of the original
condition of mind document was refused
Aver the judgment or decision without setting BLANKET EXCEPTION: Those under Section 5(b) of Rule 6, par. 1
Judgment from
forth matter showing jurisdiction to render it;
other court
but the authenticated copy must be attached f. Affirmative defenses
Substance of such instrument or document
must be set forth in the pleading with
Action or defense Affirmative defenses, classifications, implications
attachment.
on document Section 5(b) Fraud The court may conduct a
Documents that are not so alleged and attached
of Rule 6, Prescription summary hearing within
are not actionable documents
par. 1 Release 15 calendar days from
Specific denial under oath of the adverse party,
Payment filing of answer; must be
with affirmative defense of what they claim to
Illegality resolved within 30 days
be facts.
SOF from termination of
Estoppel summary hearing
*No need for oath when
Former recovery
Contesting (1) The adverse party is not a party to
Discharge in bankruptcy
actionable the instrument, or
Confession or avoidance
documents (2) When compliance with an order for
Section 5(b) LOJ over SM Only grounds for MTD,
an inspection of the original
of Rule 6, Litis pendentia with prescription
document is refused.
par. 2 Res judicata
Section LOJ over defendant The court shall motu
Failure to deny is an admission on genuineness
12(a) of Improper venue proprio resolve them
and due execution of the document
Rule 8 No capacity to sue within 30 days from filing
Official document Aver the document was issued or act was done
Failure to state COA of answer
or act in accordance with law
Condition precedent
Specify material allegation of fact the truth of
which he does not admit, and set forth the
If denied – not subject to MR or Rule 65; may only be raised on appeal
Specific denial substance of matters upon which he relies to
after judgment on the merits
support denial; those not specifically denied are
deemed admitted
5. Effect of failure to plead
Three kinds of denials a. Failure to plead defenses and
(1) Absolute denial – denial and giving own version of facts objections
(2) Partial denial – admitting one part, denying the other, with
own version of facts Effect of failure to plead defenses and objections
(3) Denial by disavowal of knowledge GR: Waived
EXC: When it appears from the pleadings or in evidence, the following can
i. Effect of failure to make be used as court to dismiss motu proprio
(1) LOJ over SM
specific denials (2) Litis pendentia
(3) Res judicata
GR: Failure to make a specific denial will be considered as admission on (4) Prescription
the material averments in a pleading asserting claims EXC to EXC: Sibonghanoy – estoppel by laches
EXC: Despite not being specifically denied, the following are not admitted
(1) Amount of damages
(2) Those immaterial to the COA b. Failure to plead a compulsory
(3) Conclusions of law and fact in a pleading counterclaim and cross-claim
ii. When a specific denial Already discussed before, GR and EXCs.

requires an oath

MDB 12 2021
 REMEDIAL LAW
6. Default
a. When a declaration of default is
proper
Declaration of default – if the defendant fails to answer within the time
allowed (30+30), the court shall, upon motion of claiming party with
notice to defendant and proof of failure, declare the defendant in default
Requisites to be proper
(1) Court has validly acquired jurisdiction over the person of the
defendant, either by service of summons or voluntary
appearance
(2) Defendant however failed to file an answer within the period
(3) Claiming party files a motion to declare defendant in default
(4) Claiming party must prove that the defendant failed to file an
Answer within the period
(5) Defendant must be notified of the motion
(6) Hearing on the motion
b. Effect of an order of default
Effect of order of default – once a party is declared in default, he shall not
take party in the trial, but he shall be entitled to notices of subsequent
proceedings
Actions of the court after declaration of default – either
(1) Proceed to render judgment or
(2) Require the plaintiff to present his evidence ex parte according
to judicial discretion
c. Relief from an order of default
Reliefs from order of default
(1) After notice of default order but before judgment – motion to
set aside based on FAME, and defendant has meritorious
defense
(2) After judgment but before final and executory – MNT or MR
(3) After judgment becomes final – petition for relief
(4) After improvident declaration of default – Rule 65
d. Effect of a partial default
Partial default – elements
(1) The default asserting a claim states a COA against several
defendants
(2) Some of the defendants answer and others don’t
(3) Answer interposes a common defense among them
Effect – the court shall try the case against all the defending parties, based
on the answers filed, and render judgment upon evidence presented
where the claim states a common COA
e. Extent of relief
Extent of relief of the claiming party – Judgment rendered against a party
declared in default shall not
(1) Exceed amount prayed for
(2) Be different from that prayed for
(3) Award unliquidated damages
MDB 13 2021
f. Actions where default is not
allowed
Where default is not allowed
(1) Annulment, nullity of marriage – OSG intervenes
(2) Legal separation – OSG intervenes
(3) Certiorari, prohibition, mandamus – decide already
(4) Rules on Summary procedure – decide already
(5) Small Claims – decide already
(6) Writ of Amparo – ex parte presentation
(7) Writ of Habeas Data – ex parte presentation
7. Filing and service of pleadings
a. Payment of docket fees
Payment of docket fees – jurisdictional (Manchester Rule); without paying
docket fees, the court never acquires jurisdiction over the case
Basis for assessment of docket fees – For actions involving recovery of
money or damages, the aggregate amount claimed should be the basis;
this means therefore that interests, penalties, and AF are included
Insufficient payment of docket fees at first instance – Clerk of court has
the responsibility of making a deficiency assessment; the party filing the
case is required to pay the deficiency, but jurisdiction is not lost
Insufficient payment of docket fees because of excessive award – If the
court awards a claim not alleged, or a relief different therefrom, or more
than what was claimed, the party concerned shall the additional fees,
which are a lien on the judgment.
Insufficient payment or no payment due to amendment of supplemental
complaint – the lower courts is still considered to have acquired
jurisdiction over the case; the unpaid docket fee should be considered as
a lien on the judgment, as long as the omission of the party is in good faith
b. Filing vs. service of pleadings
Filing – act of submitting pleading or other paper to the court
Service – act of providing the other party with a copy of the same
To whom service is made
(1) If party does not have counsel – upon the party
(2) If party has counsel – on the counsel, unless service on both is
ordered by the court
(3) If one counsel for several parties – one copy only for counsel
(4) If several counsels for one party – one copy only for lead
Papers required to be filed and served on parties affected
(1) Judgments
(2) Resolutions
(3) Orders
(4) Pleadings after complaint
(5) Written motions
(6) Notices
(7) Appearances
(8) Demands
(9) Offers of judgment
(10) Other similar papers
 REMEDIAL LAW

c. Periods of filing of pleadings e. Modes of service [to parties]

30 days from service of
i. Personal service
In general summons; one 30d
extension Personal service – served by
(1) Personally delivering a copy to the party or their counsel
With 30 days from service of
(2) Personally delivering a copy to their authorized representative
agent or summons
named in their pleading or motion
Answer Defendant office
(3) Leaving a copy in the office of the party, their counsel, or
foreign Without 60 days after receipt of
authorized representative, with their clerk or any person in
private summons
charge of the same
juridical
(4) Leaving copy, between 8am-6pm, at the party’s or their
entity Pub Period provided in the order,
counsel’s residence, if known, to a person of sufficient age and
which shall not be less than
discretion residing therein, if no office or office unknown
60 days after notice
Deemed made – actual delivery
30 days
Answer to As a matter of right
Amended
Complaint 15 days
ii. By registered mail
With leave of court
Registered mail – served by
Reply 15 days from service (1) Depositing copy with the post office
Answer to a counterclaim/crossclaim 20 days from service (2) Deposited copy must be
30 days from service of a. In a sealed envelope
Answer to a third-party complaint
summons b. Plainly addressed to the party, or his counsel, at
20 days from notice of order their office if known, or residence if not
Answer to a supplemental complaint
of admission (3) Postage fully paid
Bill of Particulars if the pleading 10 days from service (4) Instruction given to the postmaster to return the mail to
responded to is a Reply sender after 10 calendar days if undelivered

Deemed made – whichever is earlier

d. Manner of filing [in court] (1) Actual receipt by addressee
(2) After 5 calendar days from date the addressee received the
i. Personal filing first notice of the postmaster
Personal filing – submitting personally the original thereof, plainly
Substituted service – allowed when service cannot be made personally or
indicated as such, to the court
by registered mail, provided
Deemed made – based on the clerk of court’s endorsement on the
(1) Failure is due to office and place of residence of the party or
pleading of the date and hour of the filing.
their counsel being unknown
(2) Proof of failure of personal service and service by mail is
ii. By registered mail presented to the clerk of court
How done – delivering the copy to the clerk of court
Registered mail – made by sending the pleading or other court submission
to the court via registered mail (post office) iii. By accredited courier
Deemed made – the date of mailing is the date of filing, as seen from post
office stamp on the envelope or the registry receipt
By accredited courier – court submissions are served by depositing them
with an accredited courier
iii. By accredited courier Deemed made – whichever is earlier
(1) Actual receipt by addressee
(LBC) (2) After at least 2 attempts to deliver by the courier
(3) Expiration of 5 calendars from first attempt to deliver
By accreditor courier – by sending the pleading or other court submission
via a list of accredited couriers from the Supreme Court (like BC)
Deemed made – date of mailing iv. By e-mail, fax, etc,
By e-mail, fax, etc – done by sending an e-mail to the party or their
iv. By e-mail etc counsel’s e-mail or fax, or through other electronic transmission when
(1) Parties agree or
By email – sending the pleading or other court submission to the court in (2) Upon direction of the court
such manner, provided
(1) Such mode is authorized by the court and Deemed made
(2) The court is electronically equipped (1) At the time of electronic transmission of the document
Deemed made – date of electronic transmission as seen on the e-mail (2) At the time that electronic notification, when available, of
service of the document is sent

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 REMEDIAL LAW

v. Service as provided for in 8. Amendment

international conventions
Of the initiatory pleading – amendment is a matter
of right any time before responsive pleading is served
Convention – Convention on Service Abroad of Judicial and Extrajudicial
Documents in Civil and Commercial Matters Amendment
Of a reply to an Answer – any time within 10 calendar
as a matter of
days after it is served
right
f. Service of judgments, final orders
Does not need LOC; allowed even if it confers
or resolutions; service of court- jurisdiction that was not there before
issued orders and other When amendment is not a matter of right
(1) If made after service of a responsible
documents pleading and
(2) It is substantial
How court-issued orders and documents are served
(1) Personal service Requisites of proper substantial amendment
(2) Registered mail (1) Motion for LOC
(3) Accredited courier, upon ex parte motion of any party, who Amendments (2) Notice to adverse party
pays for the courier by leave of (3) Opportunity to be heard to adverse p.
(4) Publication, when a party is summoned by publication and court
failed to appear in the action, paid by the wining party Grounds for denial
(5) Electronically if agreed upon by the parties (1) If it appears that the motion was made
with intent to delay
g. Conventional service or filing of (2) It confers jurisdiction on the court when
there was none before
orders, pleadings, and other (3) Pleading stated no COA from the
documents beginning which could be amended
Summary correction, upon motion of party or motu
When conventional service is required – for the following documents, proprio
which must be served or filed personally or by registered mail Formal
(1) Initiatory pleadings and initial responsive pleadings Requisites
amendments
(2) Subpoena, protection orders, writs (1) No prejudice is caused to the adverse p.
(3) Appendices and exhibits to motions, and other documents not (2) Defect is only as to designation of parties,
readily amenable to electronic scanning or other typographical errors
(4) Sealed and confidential documents or records Two situations contemplated
(1) When evidence is introduced in an issue
not alleged in the pleadings and no
h. When service is deemed complete objection was interjected – it should be
When no treated in all respects as if it had been
Already discussed under each amendment raised in the pleadings
is necessary (2) When evidence is offered on an issue not
alleged in the pleadings but this time an
i. Proof of filing and service object was raised – evidence may be
admitted where its admission will not
Proof of filing and service per kind – requisites prejudice him
(mode) FILING SERVICE How effected
Personal Written or stamped (1) Written admission of (1) Motion of a party
acknowledgment of the the party served (2) Reasonable notice
clerk of court on the (2) Official return of (3) Upon such terms as are just
copy of the pleading server
(3) Affidavit of service What is set forth – transactions, occurrences, or
Registered (1) Registry receipt (1) Registry receipt events that happened since the date of the pleading
mail (2) Affidavit of filing (2) Affidavit of service Supplemental
sought to be supplemented.
Accredited (1) Affidavit of filing (1) Affidavit of service pleading
courier (2) Courier’s official (2) Courier’s official If the purpose for amending pleadings is to set up a
receipt and tracking # receipt and tracking # cause of action not existing at the time of the filing
E-mail (1) Affidavit of filing (1) Affidavit of service of the complaint, amendment is not allowed; a
(2) Paper copy of the (2) Printed proof of supplemental pleading must be founded on the
pleading or paper, or a transmittal same cause of action as that raised in the original
written or stamped complaint (CB v. BF Savings)
acknowledge of the COC
Other (1) Affidavit of filing Effect of an amended pleading
electronic (2) Copy of electronic (1) On the original pleading – supersedes the original pleading
means acknowledgment of its (2) In relation to prescription – the original complaint is deemed
filing by the court abandoned only if the amended complaint introduces a new

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 REMEDIAL LAW

or different COA; in such a case, it is actual filing in court that (4) Notice that there will be default and grant of relief applied for,
controls, and not the date of formal admission of amended if no answer
pleading
(3) On admissions in the original pleading – not carried over in the
amendments, unless it also appears in the amended; d. Duty of counsel
nevertheless, the original complaint can be introduced into
evidence by the opposing party Duty of counsel – when counsel for defendant makes a special
(4) In relation to service of summons – if a new COA is alleged appearance to question the validity of summons, they are thus deputized
before the defendant has appeared, a new summons must be to serve on their client
served; if they already appeared, the amended complaint shall
be served upon them without need of another summons e. Return
G. Summons Filing and service of return of personal service – within 5 days from
service, in the following manner
1. Nature and purpose of summons (1) Personal service
(2) Registered mail or
Summons – a writ by which a defendant is notified of the action brought (3) Electronic means
against them; it is the means the court may acquire jurisdiction over them
Filing and service of return of substituted service – same manner, in
Validity of summons under 2019 Rules – it is valid until served; thus there addition stating
is no need to get alias summons, except when the summons is lost or (1) Impossibility of prompt personal service for 30 calendar days
destroyed, and upon motion of plaintiff from issue and receipt of summons
(2) Date and time of 3 attempts on 2 separate days
(3) Name of the
a. In relation to actions in personam, a. Person at least 18, and of sufficient discretion
in rem, and quasi in rem residing thereat
b. Competent person in charge of the office or
Summons in actions in personam – summons is absolutely necessary in regular place of business
order to acquire jurisdiction over them, because the defendant is the one c. Officer of the HOA/condo corporation, or its head
against whom the action is directed of security in charge of the community where
defendant may be found
Summons in actions in rem and quasi in rem – jurisdiction over the person
of the defendant is not a prerequisite to confer jurisdiction on the court, 2. Voluntary appearance
provided that the court has jurisdiction over the rest; nevertheless,
summons should still be sent to comply with due process requirements; Voluntary appearance under the 2019 Rules
effected in two ways GR: Voluntary appearance is equivalent to service of summons, and filing
(1) Seizure of property under legal process of MTD constitutes voluntary appearance
(2) As a result of institution of proceedings EXC: When the ground in the affirmative defense is LOJ over the
defendant
Acquiring jurisdiction of the res instead of the person – if the defendant
is a non-resident and refuses to come voluntarily, the court never gets
jurisdiction over their person; however, there can be jurisdiction over 3. Who may serve summons
their property by attachment; nevertheless, again, due process requires
that they be notified and given an opportunity to defend their interest Who may serve
(1) Sheriff, or his deputy
(2) Other proper court officers (process server)
b. When summons are issued (3) Plaintiff, when authorized by the court, as in
a. Failure of 1 and 2 to serve summons, in which case
When issued – 5 days from the plaintiff shall go with the sheriff
(1) Receipt of the initiatory pleading and b. Summons to be served outside the court’s judicial
(2) Proof of payment and required legal fees region, alone
(4) Duty of counsel, supra
When served – within 30 days from issuance

c. Contents of summons
Contents of summons
(1) Name of the court, name of parties
(2) Authorization of plaintiff to serve on defendant, when
authorized by court upon ex parte motion
(3) Direction to defendant to answer within time fixed in the rules

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 REMEDIAL LAW

SERVICE ON WHOM NORMAL MODE; HOW DONE SUBSTITUTED SERVICE

Made by Made if the defendant cannot be served personally for
(1) Handing a copy thereof to the defendant in at least 3 attempts on 2 different days (3x2 rule)
person, and informing defendant that they
are being served Made by, in this order
(2) If they refuse to receive and sign it, by leaving (1) Leaving copies of the summons at the
the summons within their view and in their defendant’s resident to a person at least 18,
presence with sufficient discretion, living there
(2) By leaving copies of the summons at the
defendant’s office or regular place of
Defendant in
business, with a competent person (e.g. one
the Philippines
who customarily receives correspondences
for the respondent)
(3) If the server is refused entry, by leaving
summons with the ff
a. Any officer of the HOA or condo
corporation
b. Head of security in the community
or building
(4) If allowed by the court – e-mail
Prisoner Service shall be effected upon them by the BJMP or BuCor
How made
(1) Personally, upon them
Minor and
(2) Personally, upon the legal guardian, if any
incompetents
(3) If none, guardian ad litem
(4) If minor, also on his parent
Personal
How made – personal, on the following In the absence of the 6, it can be made on their
service
(1) President secretaries.
(2) Managing partner
(3) GM If still service cannot be made, then on the person who
Domestic
(4) Corporate secretary customarily received correspondence for defendant, at
private juridical
(5) Treasurer the principal office.
entity
(6) In-house counsel
Wherever they may be found If there is refusal to receive summons by any of those
previously mentioned after 3 attempts on 2 days, service
can be done electronically.
If registered in the Philippines— made on the If not registered, or no agent but doing business – made
(1) Resident agent outside the Philippines through any of the ff means
(2) If none, the government official designated (1) Personal service through appropriate court
by law to receive the same abroad, with assistance of DFA
Foreign private (3) On any of its officers, agents, directors, or (2) Publication once in a NPGC in the country
juridical entity trustees in the Philippines where defendant is found and service by
registered mail to last known address
(3) Fax
(4) Electronic means
(5) Others as the court may direct
Without Serving upon any of them, or upon the person in charge of business
juridical
personality
How made
Public
(1) If against the RP – serve on the OSG
corporations
(2) If against LGUs – on the LCE
Defendant Done by publication, provided
where his (1) LOC is secured
Constructive
identity or (2) Defendant or his whereabouts are unknown
service
whereabouts is (3) Done within 90 calendar days from commencement of the action
unknown Period to file answer – no less than 60 days after notice, as specified in the order granting LOC
How service is effected
(1) Personal service
(2) Substituted service
Service upon residents
(3) As provided in international conventions where the Philippines is party
temporarily outside the
(4) Publication in a newspaper of general circulation, and service by registered mail to last known address
Philippines
(5) Any other manner the court deems sufficient
With LOC
Period to file answer – no less than 60 days after notice, as specified in the order granting LOC

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 REMEDIAL LAW

Applies when the action

(1) Affects the personal status of the plaintiff
(2) Relates to the subject matter of property within the Philippines, in which defendant claims a lien or
Non-resident
interest, actual or contingent
(3) Which relief consists in excluding the defendant from an interest in property in the Philippines
(4) Where the defendant’s property has been attached
ET service
How done
(1) Personal service abroad, or
Not in
(2) Other modes allowed by international conventions
Philippines
(3) Publication in a newspaper of general circulation, and service by registered mail to last known address
(4) Other manner as the court may deem sufficient
With LOC

(3) Supporting affidavits, necessary to prove the facts of the

4. Proof of service motion

Proof of service for personal and substituted summons, requisites

(1) Must be in writing d. Litigious and non-litigious
(2) Sets for the manner, place, and date of service motions; when notice of hearing
(3) Specifies any papers which was served, and name of the
person who received necessary
(4) Must be sworn when made by a person other than sheriff of
their deputy LITIGIOUS NON-LITIGIOUS
(1) Bill of Particulars (1) Issuance of an alias
Proof of service of summons by e-mail, requisites (2) Dismiss summons
(1) Printout of the e-mail with copy of the summons (3) New Trial (2) Extension to file
(2) Affidavit of service (4) Reconsideration answer
(5) Execution pending (3) Postponement
Proof of service by publication, requisites appeal (4) Issuance of writ of
(1) Affidavit of the publisher, editor, business or ad manager, to (6) Amend after execution
which a copy of the publication shall be attached responsive pleading (5) Issuance of alias writ
(2) Affidavit showing deposit of the copy of summons and order has been filed of execution
of publication in the post office, with postage prepaid, (7) Cancel statutory lien (6) Issuance of an order
directed to the defendant by registered mail in last known (8) Order to break in or directing the sheriff
address for writ of demolition to execute the final
(9) Intervention certificate of sale
(10) Judgment on the (7) Other similar motions
H. Motions pleadings
1. Motions in general (11) Summary judgment
(12) Demurrer
a. Definition of a motion (13) Declare defendant in
default
Motion – application for relief other than a pleading (14) Other similar motions
There can be a hearing if the No hearing required
court deems necessary
b. Motions vs. pleadings Must be served on the other No service or opposition
party; other party has 5 calendar necessary
PLEADING MOTION days from receipt to file
Submission of claims or defenses Application for an order not opposition
for appropriate judgment included in the judgment Must be resolved within 15 Must be resolved within 5
May be initiatory or not Cannot be initiatory; only calendar days from receipt of calendar days from receipt
auxiliary to the main action opposition, or upon expiration of
Must be written May be oral period given
Must be filed before judgment May be filed even after judgment

e. Omnibus motion rule

c. Contents and forms of motions
Omnibus motion rule
Form for motions GR: It is a procedural principle, which requires that every motion that
GR: In writing attacks a pleading, judgment, or order shall include all objections when
EXC: Those made in open court or in the course of the hearing available; all objections not so included are waived.
EXC: LOJ-SM, LP, RJ, prescription
Contents of a motion
(1) Statement of relief
(2) Grounds on which it is based

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 REMEDIAL LAW

f. Prohibited motions I. Dismissal of Actions

Prohibited motions 1. Dismissal with prejudice
(1) MTD except on the following grounds
a. LOJ over subject matter Dismissals across the ROC that are with prejudice
b. Litis pendentia (1) Dismissal due to fault of plaintiff, to be discussed later
c. Res judicata (2) Res judicata
(2) Motion to hear affirmative defenses (3) Prescription
(3) MR of the court’s action on the affirmative defenses (4) Paid, waived, abandoned or extinguished claim
(4) Motion to suspend proceedings without TRO or injunction (5) Unenforceable claim
from high court (6) Willful and deliberate forum shopping
(5) Motion for extension, except for filing of answer provided in (7) Plaintiff’s misrepresentation that they served summons on
Rule 11, Section 11 defendant, when plaintiff is authorized to serve
(6) Motion for postponement intended for delay, except if based (8) Failure of plaintiff or their counsel to appear without valid
of FE or physical inability of witness to appear and testify cause during PT, CAM, or JDR
(9) Failure to party to file PT brief
Dismissals with prejudice (10) Dismissal by notice of plaintiff, when so provided by court
GR: An order granting the MTD does not bar refiling of the claim (11) Dismissal by notice of plaintiff, when covered by two-dismissal
EXC: It is barred when the MTD is based on the following grounds rule, to be discussed later
(1) Res judicata (12) Dismissal by motion of plaintiff, and court says dismissal is with
(2) Prescription prejudice
(3) Paid, waived, abandoned, or extinguished claim
(4) Unenforceable claim
2. Dismissal upon notice by plaintiff
2. Motions for Bill of Particulars Dismissal by notice – allowed when the plaintiff files before
(1) Service on him of the answer
a. Purpose and when applied for (2) Motion for summary judgment

Purpose – it is a complementary procedural document consisting of an
amplification or more particularized outline of a pleading; meant to
inform the opposite party and the court of the precise nature and
character of the COA or defense which the pleader attempt to set forth
When applied – must be filed before responding to a pleading
b. Actions of the court
Action of the court
(1) Deny the motion outright
(2) Grant the motion outright
(3) Call for a hearing
c. Compliance with the order and
effect of noncompliance
Compliance – when the motion is granted, compliance must be done
within 10 calendar days from notice, until court fixed different period
Effect of non-compliance or insufficient compliance – action of the court
(1) Order the striking out of the pleading itself
(2) Order the striking out of portions of the pleading to which the
order for BOP was effected
(3) Make such other order as it deems justice
d. Effect on the period to file a
responsive pleading
Two-dismissal rule – the notice of dismissal operates as an adjudication
upon the merits when
(1) Filed by the same plaintiff
(2) The same plaintiff once before dismissed an action in a
competent court also by notice (thus, if the dismissal was by
motion, the twin-dismissal rule does not apply)
(3) The second action is based on or including the same claim as
the first action
(4) The second action was also dismissed by notice of plaintiff (so,
if the dismissal now is by motion, the rule does not apply)
Prejudice
(1) No prejudice if the court doesn’t say (GR no prejudice)
(2) Can still be with prejudice if it falls under other grounds for
prejudicial dismissal
3. Dismissal upon motion by plaintiff;
effect on existing counterclaim
Dismissal by motion – required when the plaintiff files after the two
instances above (service of answer or motion for summary judgment);
needs approval of the court, not just confirmation
Prejudice – same as upon notice of plaintiff
Effect of dismissal by motion on the counterclaim – dismissal does not
affect the right of the defendant to prosecute his claim either
(1) In a separate action
(2) In the same action, after manifesting his intention to do so
within 15 calendar days from filing of motion by plaintiff

Effect – tolls the period to file responsible pleading; however, if it is

denied, Neypes rule does not apply; the movant only gets the remainder 4. Dismissal due to the fault of plaintiff
of time to file responsive pleading but it must not be less than 5 days
Dismissal due to fault – done by motion of defendant or upon the court’s
own motion, if for no justifiable cause, the plaintiff does any of the ff:

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 REMEDIAL LAW
(1) Fails to appear on the date of presentation of their evidence
in chief on the complaint
(2) Fails to prosecute their action for an unreasonable length of
time
(3) Does not comply with the ROC or any order of the court
Prejudice – generally, with prejudice, unless court says otherwise
5. Dismissal of counterclaim, cross-
claim, or third-party complaint
The above provisions also apply to counterclaim, cross-claim, and X-party
complaint.
Voluntary dismissal of those claims by notice – can be made before the
same period as that of a complaint: before service of responsive pleading
or motion for summary judgment; in the absence thereof, before the
introduction of evidence.
J. Pre-Trial
1. Concept of pre-trial
Concept – a vital component of case management in trial courts; its
purpose is to abbreviate court proceedings, ensure prompt disposition of
cases, and decongest dockets.
2. Nature and purpose
Nature – mandatory in both civil and criminal cases; terminated promptly
Purpose of pre-trial – allows the court to consider
(1) Possibility of amicable settlement or submission to ADR
(2) Simplification of issues
(3) Possibility of obtaining stipulations or admissions
(4) Limitation on the number and identification of witnesses, and
setting of trial dates
(5) Advisability of primary reference to a commissioner
(6) Propriety of rending judgment on the pleadings, summary
judgment, or dismissal the action should a valid ground exist
(7) The requirement of parties to
a. Marking of evidence if not yet marked in the JA
b. Examine and make comparisons of the adverse
parties’ evidence vs. the copies marked
c. Manifest for the record stipulations regarding the
faithfulness of the reproduction, and the
genuineness and due execution of the adverse
parties’ evidence
d. Reserve evidence not available at PT, but only in
the ff manner
i. Testimonial – giving name or position,
nature of testimony of proposed
witness
ii. Documentary and other object –
particular description of the evidence
e. Other matters
(8) Other matters for the prompt disposition of the action
3. Notice of pre-trial
When pre-trial notice issues – within 5 calendar days after the last
responsive pleading is filed
MDB 20 2021
When pre-trial is conducted – not later than 60 calendar days from filing
of last responsible pleading
Contents of notice of pre-trial – dates respectively for
(1) Pre-trial
(2) CAM
(3) JDR, if necessary
4. Appearance of parties; effect of
failure to appear
Duty of parties and their counsel
GR: To appear during PT, CAM, and JDR if necessary
EXC: Appearance is excused in the following
(1) Acts of God
(2) Force majeure or
(3) Duly substantiated physical inability
Effect of non-appearance of parties and counsel (both absent)
PLAINTIFF AND COUNSEL DEFENDANT AND COUNSEL
Case dismissed with prejudice Plaintiff will be allowed to
present evidence ex-parte within
10 calendar days
Waiver of any objections to the faithfulness of reproductions marked
or their genuineness and due execution.
Effect of failure to bring evidence during PT by party and/or counsel (no
one brought evidence) – waiver of presentation of such evidence
Effect of failure to appear at CAM or JDR – equivalent to non-appearance
at pre-trial, same as table above.
5. Pre-trial brief; effect of failure to file
When to file – at least 3 calendar days before the date of PT; served also
Contents of PTB
(1) A concise statement of the case and the reliefs prayed for;
(2) Summary of admitted facts and proposed stipulation of facts;
(3) Main factual and legal Issues to be tried or resolved;
(4) Propriety of referral or factual issues to commissioners;
(5) Documents or other object evidence to be marked, stating the
purpose thereof;
(6) Names of witnesses, and the summary of their respective
testimonies; and
(7) brief statement of points of law and citation of authorities.
Effect of failure to file – same as failure to appear at PT; table above
6. Pre-trial order
When PTO issues – 10 days upon termination of pre-trial
PTO, contents
(1) An enumeration of the admitted facts;
(2) The minutes of the pre-trial conference;
(3) The legal and factual issue/s to be tried;
(4) The he applicable law, rules, and jurisprudence;
(5) The evidence marked
(6) The specific trial dates for continuous trial, which shall be
within the period provided for by the Rules
(7) The case flowchart to be determined by the court, which shall
contain the different stages of the proceedings up to the
 REMEDIAL LAW

promulgation of the decision and the use of time frames for
each stage in settings the trial dates
(8) A statement that the one-day examination of witness rules
and most important witness rule under the Guidelines for Pre-
Trial (AM 3-1-9-SC) shall be strictly followed; and
(9) A statement that the court shall render judgment on the
pleadings or summary judgment, as the case may be.
Judgment after PT – The court shall motu proprio include in the PTO that
the case be submitted for summary judgment or judgment on the
pleadings, without need of position papers or memoranda, provided
(1) There are no more controverted facts
(2) No more genuine issue as to a material fact
(3) Absence of an issue or
(4) The answer fails to tender issue
Without prejudice to a party moving for judgment on the pleadings or
summary judgment; not subject to appeal or certiorari.
Note: The PTO is not yet the adjudication on the case; it is just the court’s
declaration that it will make a judgment on the pleadings or summary
judgment; the judgment shall be rendered within 90 days from
termination of PT; subject to appeal or certiorari
GR: The motion to intervene may be filed any time before rendition of
judgment by the trial court
EXC: Even after judgment, in the following cases
(1) With respect to indispensable parties, allowed even on appeal
(2) When the intervenor is the RP
(3) When intervention is necessary to protect some interest,
which cannot otherwise be protected, and for the purpose of
preserving the intervenor’s right to appeal
3. Remedy for the denial of motion to
intervene
Order on the motion to intervene – interlocutory in nature; thus, remedy
appeal after judgment, or Rule 65
L. Subpoena
1. Subpoena duces tecum
Subpoena duces tecum – subpoena to compel the production of
documents in court at a scheduled hearing

7. Distinguish: pre-trial in civil cases and Requisites for a valid SDT

pre-trial in criminal cases
CIVIL
PT commences within 60 days
from the filing of last responsive
pleading
Considers possibility of amicable
settlement, among others
Admissions of facts and exhibits
shall be signed by the parties
and/or their counsel
If plaintiff and counsel are
absent, the case is dismissed with
prejudice. If the defendant and
counsel are absent, plaintiff may
present evidence ex parte.
PTB required
CRIMINAL
PT commences within 30 days
from the time the court acquired
jurisdiction over the defendant
Considers possibility of plea
bargaining, among others
Admissions made should be
reduced in writing, and signed by
accused and counsel, or else it
cannot be used against them
If the counsel of the accused or
the prosecutor does not appear,
and does not offer an acceptable
excuse, the court imposes proper
sanctions and penalties only
PTB not actually required
(1) Test of relevancy – the books, documents, or other things
requested must appear prima facie relevant to the issue
subject of the controversy
(2) Test of definiteness – such books must be reasonably
described by the parties to be readily identified
2. Subpoena ad testificandum
Subpoena ad testificandum – subpoena to compel a witness to appear in
court, and to testify at a scheduled hearing
3. Service of subpoena
Who issues a subpoena
(1) Court where witness is required to attend
(2) Court where deposition is to be taken
(3) Officer of body authorized in connection with investigations
(4) Justices of CA or SC in case of investigation in the Philippines

K. Intervention How subpoena is served

(1) Same manner as personal, substituted service of summons
1. Requisites for intervention (2) Original exhibited and copy delivered to the person on whom
it is served
Requisites for intervention (3) Made as to allow the witness a reasonable time for
(1) A person has legal interest in preparation and travel to the place of attendance
a. The matter in litigation (4) Costs for court attendance and production of documents shall
b. The success of any of the parties be tendered or charged accordingly
c. Against the parties
d. He is situated to be adversely affected by the
distribution or disposition of property in custodia 4. Compelling attendance of witnesses;
legis contempt
(2) Intervention must not unduly delay or prejudice the
adjudication of the main case Effect of non-compliance
(3) The intervenor’s rights may not be fully protected in a GR: Court can order the following
separate proceeding (1) Arrest, with witness paying for costs of arrest
(2) Contempt of court
2. Time to intervene EXC: A witness cannot be compelled to attend when
(1) A witness who resides more than 100km from their residence
to the place where they are to testify
Time to intervene
(2) Detention prisoner if no permission of the court was obtained

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 REMEDIAL LAW

Rules on computing time

(1) Day of the act or event from which the designated period of
5. Quashing of subpoena time begins to run is excluded
(2) Date of performance is included
SDT SAT (3) Last day of the period shall not run until the next working day
(1) It is unreasonable or oppressive (1) Witness is not if it falls on a weekend or a legal holiday
(2) Relevancy of books, documents or things bound (4) If an act was done which interrupts the running of the period,
does not appear (2) Witness fees the allowable period after such interruption shall start to run
(3) Person in whose behalf the subpoena is and kilometrage on the day after notice of the cessation of the cause thereof;
issued fails to advance the reasonable cost for allowed by Rules the day that caused interruption shall be excluded
the production thereof were not tendered
(4) Witness fees and kilometrage were not
tendered N. Modes of Discovery
1. Depositions
M. Computation of Time

DEPOSITIONS PENDING ACTION DEPOSITIONS BEFORE ACTION DEPOSITIONS PENDING APPEAL

The testimony of any person, whether a A person who desires to perpetuate his or Initiated upon motion for leave to take
party or not, may be taken by deposition her own testimony or that of another depositions, stating (Sec. 7)
upon oral examination or written person regarding any matter that may be (1) Names and addresses of
interrogatories. cognizable in any court of the Philippines, persons to be examined, and
may file a verified petition in the court of substance expected to be
The attendance of witnesses may be the place of the residence of any expected elicited
compelled by the use of a subpoena as adverse party. (2) Reason for perpetuating the
provided in Rule 21. testimony
Verified petition in the place of residence of
Depositions shall be taken only in any expected adverse party stating
accordance with these Rules. The (1) Petitioner expects to be a party
NATURE; deposition of a person confined in prison to an action in a PH court, but is
WHEN may be taken only by LOC on such terms as presently unable to bring it
TAKEN the court prescribes. (2) Subject matter of the expected
and his or her interest therein
Upon ex parte motion of a party (3) Facts that they wish to establish,
and reason for perpetuation
(4) Names and descriptions of
persons they expect to be
adverse parties
(5) Names and addresses of
persons to be deposed, and
authority to take such
deposition for the purpose of
perpetuation
The deponent may be examined regarding any matter, not privileged, which is relevant to the subject of the pending action, whether
SCOPE relating to the claim or defense of any other party, including the existence, description, nature, custody, condition, and lo cation of any
books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts.
Any part or all of a deposition, so far as admissible under evidence, may be used against any party who was present or represented at the
taking of the deposition or who had due notice thereof.

DEPOSITION USED BY PURPOSE

Any deposition Any party Contradiction or impeaching the testimony of the
deponent as a witness

Deposition of a party The adverse Any purpose

USE Deposition of a witness,
whether or not party
party
Any party Any purpose, if the court finds
(1) Witness id dead
(2) Witness lives more than 100km away
(3) Witness cannot attend because of
sickness, age, imprisonment
(4) Party offering has been unable to procure
witness by subpoena
(5) Exceptional circumstances with filing of
application

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 REMEDIAL LAW

Depositions will not be hearsay even if the deponent is not presented, in the following instances:
(1) Witness is dead
(2) Witness resides at a distance of more than 100km from the place of trial or hearing, or is out of the Philippines, unless it appears
that his absence was procured by the party offering the deposition
Objection – May be raised at trial or hearing receiving in evidence any part of the deposition, for any reason which would require exclusion
of evidence if the witness were present and testifying; rules
(1) Errors and irregularities in taking of deposition – written objection must be served
(2) DQ of officer – must be made before the taking of the deposition begins, or as soon thereafter as the DQ becomes known
(3) Competence, relevance, or materiality of witness or testimony – not waived when not raised during taking, unless such ground
OBJECTIONS
have been obviated or removed if presented at that time
(4) Errors in the manner of preparation of deposition – motion to suppress deposition should be made

Rebutting deposition – At trial or hearing, any party may rebut evidence contained in the deposition, whether introduced by him or by
another party
Of taking – A party shall not be deemed to make his or her witness for any purpose by taking her deposition.
EFFECT Of using – If not used to contradict or impeach the deponent, the deponent becomes a witness to the party introducing it. This does not
apply to the use of an adverse party of a deposition described in paragraph b of section 4 (second row in the table above)
In the Philippines – Any judge, notary, or person stipulated

Abroad – any of the following, as the case may be

(1) On notice, before the secretary of the embassy, consul general, consul, vice consul, or consular agent of the RP
(2) Before such person or officer as may be appointed by commission or under letters rogatory (Sec. 12)
(3) Persons stipulated
WHO TAKES
Who cannot take deposition
(1) Relative within 6th civil degree of consanguinity or affinity
(2) Employee or counsel of any of the parties
(3) Relative within the same degree of such employee or counsel
(4) Anyone financially interest in the action
Oral examination – Give reasonable notice in writing to every other party, stating time and place of the deposition, who will be deposed

For the protection of parties – upon motion of party and for good cause, before the taking of the deposition
(1) Deposition shall not be taken
(2) Can only be taken at another designated place
(3) Only by written interrogatories and not oral
(4) Some matters should not be quired into
(5) No one present except officers and counsel
(6) Sealed deposition
HOW DONE
(7) Secret processes, developments or research need not be disclosed
(8) Simultaneous filing of documents in sealed envelopes

Written interrogatories
(1) Party wanting deposition shall serve upon every other party a notice stating the name and address of the person who shall be
deposed, and the name of the officer before whom it will be taken
(2) Cross-interrogatories shall be served within 10 calendar days
(3) Re-direct interrogatories shall be served within 5 calendar days thereafter
(4) Re-cross shall be served 3 calendar days thereafter
When depositions may be disallowed
WHEN (1) Examination done in bad faith
DISALLOWED (2) Examination was done in a manner that oppresses deposed
(3) Irrelevant or privileged

2. Written interrogatories to adverse

parties
3. Request for admission
4. Production or inspection of
documents or things
5. Physical and mental examination of
persons

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 REMEDIAL LAW

INTERROGATORIES ADMISSION BY ADVERSE PARTY PRODUCTION OR INSPECTION EXAMINATIONS OF PERSONS

Eliciting material and relevant
NATURE facts from any adverse parties
Ex parte motion of a party
HOW
INITIATED
Answer to interrogatories
(1) Answered fully in
writing
(2) Signed and sworn by
person making them
(3) Submit within 15
calendar days from
service, unless
extended or
HOW
shortened by the
DONE
court
Number of interrogatories
(1) Only one set if
without LOC
(2) Can be more than
one set with
See above outline for scope and
use of depositions – just
remember scope, it must be
relevant, and not privileged
SCOPE,
USE, OR
EFFECT
May be presented in court
within 10 calendar days after
OBJECTION
service thereof, with notice.
Unless thereafter allowed by the
court for good cause shown and
to prevent a failure of justice, a
party not served with written
EFFECT OF interrogatories may not be
FAILURE compelled by the adverse party
TO SERVE to give testimony in open court,
or to give a deposition pending
appeal. (Sec. 6)
To elicit admission after joining
of issues, lest be barred to
present evidence on such facts
At any time after issues have
been joined, a person may file
and serve upon any other party
a written request for admission
by the latter, of the genuineness
of any material and relevant
document described in and
exhibited with the request and
any relevant matter of fact set
forth in the request (Sec. 1)
Admission
GR: Each of the matters
requested shall be deemed
admitted,
EXC: Not admitted if the party
whom request is directed files
and serves a denial or setting
forth why they cannot truthfully
admit or deny
Withdrawal
The court may allow the party
making an admission under this
Rule, whether express or
implied, to withdraw or amend
it upon such terms as may be
just.
Effect – Any admission made by
a party pursuant to such request
is for the purpose of the pending
action only and shall not
constitute an admission by him
or her for any other purpose nor
may the same be used against
him or her in any other
proceeding
Objection shall be submitted to
the court by party requested
within the period for filing sworn
statement
Unless otherwise allowed by the
court for good cause shown and
to prevent a failure of justice, a
party who fails to file and serve
a request for admission on the
adverse party of material and
relevant facts at issue which are,
or ought to be, within the
personal knowledge of the
latter, shall not be permitted to
present evidence on such facts.
Motion of any party, with good
cause
Action taken by the court
Order any party to produce and
permit the inspection, and
copying/photographing any
designated documents papers
etc, not privileged, which
constitute or contain evidence
material to any matter involved
in the action, and which are in
the possession of the other
party and/or
Order nay party to permit entry
upon designated land or
property in his or her
possession, or control for the
purpose of inspecting etc
property or any designated
relevant object
Must be in an action where the
mental or physical condition of a
party is in controversy
By motion, for good cause, and
upon notice, specifying the
time, place, manner, conditions
and scope of the examination
and the person by whom it is
made (Sec. 2)
Report on findings (Sec. 3)
Party causing examination shall
deliver to examined a written
report of the examining
physician, specifying findings – if
requested by the examined
party
If such is complied, the party
causing examination is entitled
to receive the examined party’s
like reports on the same mental
and physical condition
Effect: Waiver of privilege
The party examined waives any
privilege he or she may have in
that action or any other
involving the same controversy,
regarding the testimony of
every other person who has
examined or may thereafter
examine him or her in respect of
the same mental or physical
examination

MDB 24 2021
 REMEDIAL LAW

6. Consequences of refusal to comply 1. Adjournments and postponements

with modes of discovery Period for adjournment – maximum 1 month for each adjournment, and
not for more than 3 months total for all adjournments, unless authorized
ACT OF REFUSAL CONSEQUENCE
in writing by the OCA.
Answer any/all Refusal to answer any question – examination
questions upon oral may be completed on other matters, as he
examination; refusal proponent of the question may prefer 2. Requisites of motion to postpone trial
to answer a question
in the interrogatory If motion is granted to compel – court shall a. For absence of evidence
with court motion to require the refusing party to answer
compel an answer If refusal is not justified – require deponent to No longer a ground under 2019 Rules.
pay expenses incurred for deposition and
court can hold him in contempt b. For illness of party or counsel
If motion is denied to compel, and the motion
Requisites
turns out to be unjustified – the proponent
(1) Affidavit or sworn certification, showing that the presence of
would be the one to pay to pay the other
such party or counsel at the trial
expenses incurred for deposition
(2) Character of the illness is such as to render the non-
Answer a particular Matters, regarding which questions were
attendance excusable.
question, produce asked, shall be deemed established for that
documents, or action
submit to 3. Agreed statement of facts
examination Court may issue an order
(1) Refusing to allow the disobeying Agreement on the statement of facts – must be in writing, and upon all
party to support or oppose his facts involved in litigation; because of this, there need not be trial or
claims or defenses introduction of evidence.
(2) Striking of pleadings or parts of
(3) Dismiss the complaint (if plaintiff)
(4) Render in default (if defendant) 4. Order of trial; reversal of order
(5) Directing the arrest of the
disobeying party (except if it’s Order of trial
examination, no arrest) (1) Plaintiff’s evidence in chief
Refusal to be sworn Contempt of court (2) Defendant’s evidence in chief
Admit genuineness If the genuineness is later proven, the court (3) X-party defendants, if any
of document or fact may order the refusing party to pay expenses (4) Parties that have counterclaims or cross-claims, if any
in making such proof, with AF unless the court (5) Rebuttal evidence, unless the court permits them to adduce
finds there were good reasons for denial or more evidence in chief
that there is no substantial importance for (6) Oral arguments and submission of memoranda, if required
the admission
Attend deposition or Court may However, there can be a separate trial for the following
to serve any/all (1) Order striking of pleadings or (1) Cross-claim, counterclaim, x-party complaints
answers to the parts thereof (2) Separate issues
questions to (2) Dismiss complaint if plaintiff
interrogatories (3) Render in default if defendant Schedule of trial
(4) Pay reasonable expenses STEP BEGINNING TIME ALLOWED
To answer any Contempt Plaintiff’s evidence Not later than 30 90 days, including
question days from JDR if necessary
propounded by the termination of PT
court during court Defendant’s Not later than 30 90 days
deposition evidence days from the
court’s ruling on
plaintiff’s FOE
O. Trial X-party defendant’s Determined by the 90 days
evidence court
Necessity for trial Rebuttal evidence Determined by the 30 days
GR: A trial is necessary when there are issues to be tried as a result of court
specific denials of the material allegations of the complaint Decision After submission of 90 days, with or
EXC: No trial is necessary case for resolution without memoranda
(1) When the pleadings tender no issue (judgment on the
pleadings proper)
(2) When the pleadings, affidavits, depositions, and other papers 5. Consolidation or severance of hearing
actually present no genuine issue (summary judgment proper) or trial
(3) When there is amicable settlement
(4) Dismissal of the complaint with prejudice
(5) When a stipulation of facts is agreed upon completely

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 REMEDIAL LAW
Consolidation, when proper
(1) There are actions involving a common QOL or QOF and
(2) The actions are pending before the same court
Consolidation, how done
(1) Joint hearing or trial of any and all matters or issues
(2) Consolidation of all actions
(3) Other orders concerning proceedings as may tend to avoid
unnecessary costs or delay
Kinds of consolidation
(1) Quasi-consolidation – all except one of several actions are
stayed until one is tried; one trial is conclusive as to the others
(2) Actual consolidation – several actions combined into one, and
they lose their separate identity and become a single action
(3) Consolidation for trial – several actions are ordered to be tried
together, but each retains its separate character and requires
the entry of separate judgment
Severance, when proper – separate trial for
(1) Any claim, cross-claim, counterclaim, or x-party complaint
(2) Any separate issue
6. Delegation of reception of evidence
Reception of evidence
GR: Must be done by the judge where the case is pending, personally
EXC: It may be delegated to the Clerk of Court in
(1) Default or ex parte hearings
(2) Any case where the parties agree in writing
7. Trial by commissioners
a. Reference by consent or ordered
on motion
Reference by consent – by written consent of both parties
Reference ordered by the court – if no written consent is given by the
parties, direct reference to a Commissioner may still be done either
(1) Upon motion of either party
(2) Upon the court’s motion, when neither consent
When reference can be done
(1) When trial requires the examination of a long account
(2) When the taking of an account is necessary
(3) When carrying a judgment or order into effect
(4) When the QOF, other than upon the pleadings, arises upon
motion or otherwise, in any stage of the case
b. Powers of the commissioner
Powers of the Commissioner
(1) Regulate the proceedings before him
(2) Do all acts and take measures necessary for the efficient
performance of his duties;
(3) Issue subpoena and subpoena duces tecum;
(4) Cite in contempt those who fail to obey the subpoena
(5) Swear in witnesses;
(6) Rule on the admissibility of evidence, unless otherwise
provided in the order of reference; and
(7) Do all acts and take all measures necessary or proper, for the
efficient performance of his duties.
MDB 26 2021
Failure of party to appear before Commissioner – Commissioner may
(1) Proceed with the proceedings ex parte
(2) In the Commissioner’s discretion, adjourn to a future day,
giving notice to the absent party or their counsel
c. Commissioner’s report; notice to
parties and hearing on the report
Commissioner’s Report – in writing, stating
(1) Matters submitted to him in the order of reference, or
(2) Their findings of fact or conclusions of law, when their power
is not so limited
(3) Attach all exhibits, affidavits, depositions, papers, transcript
Notice to parties – upon filing of the Commissioner’s Report, the COC shall
notify the parties, and be given 10 calendar days to signify grounds for
objections to the findings.
Hearing on the report – After expiration of the 10 calendar days for filing
of objections, a hearing shall be set on the report; action of the court on
the report
(1) Adopt
(2) Modify
(3) Reject
P. Demurrer to Evidence
1. Ground
Sole ground for demurrer – insufficiency of evidence
When to file – after the plaintiff completes the presentation of their
evidence in chief
2. Effect of denial
Effect of denial – defendant shall have the right to present evidence
Remedy in case of denial – the order denying the demurrer is
interlocutory and not appealable, and not subject to certiorari,
prohibition, or mandamus before judgment
Note: In case of the denial of the demurrer and the case was decided
against the defendant, the remedy is to appeal from the judgment raising
as error the denial of the demurrer.
3. Effect of grant
4. Waiver of right to present evidence
5. Action on demurrer to evidence
Effect of grant – Dismissal of the case; however, if on appeal, the
demurrer is reversed, the defendant is deemed to have waived his right
to present evidence, and the appellate court will only render judgment
only the basis of plaintiff’s evidence.
 REMEDIAL LAW

6. Distinguish: demurrer to evidence in 3. Judgment on the pleadings

a civil case and demurrer to evidence
in a criminal case
CIVIL
No need to file LOC
Case will be dismissed, and
dismissal can be appealed
If demurrer is granted, plaintiff
appeals, and the judgment is
reversed, the defendant is
deemed to have waived
presentation of his evidence
If demurrer is denied, the
defendant will present his
evidence
Court cannot on its own make a
demurrer
Q. Judgments and Final Orders
Requisites of a valid order
(1) In writing
(2) Personally and directly prepared by the judge
(3) State clearly and distinctly the facts and law
(4) Signed by the judge
(5) Filed with the Clerk
1. Judgment after pre-trial
CRIMINAL
LOC is necessary so that the
accused can present evidence
Accused will be acquitted, and
the acquittal cannot be appealed
or reconsidered
Judgment is not appealable at all
due to double jeopardy, if the
demurrer was granted
If demurrer is denied, and the
demurrer had LOC, the accused
can present; if no LOC, waived.
At the end of prosecution’s
presentation, court should ask
the accused if he wants to file
demurrer or proceed
Judgment on the pleadings – the court, upon motion of the claimant, on
the ground that the answer
(1) Fails to tender an issue – that is when it does not comply with
the requirements of a specific denial
(2) Otherwise admits the material allegation of the Complaint,
such as
a. Expressly admitting the truth of such allegations
b. Failing to make a specific denial of material
allegations or
c. Omitting to deal with the material allegations
When filed – by the plaintiff, after the submission of an answer, before
his presentation of evidence
Action on the motion – being a litigious motion, it is subject to the same
rules as other litigious motions under Rule 15; the action itself is not
subject to certiorari, prohibition, mandamus or appeal, but the judgment
is thus subject
When there can be no judgment on the pleadings
(1) Nullity, annulment
(2) Legal separation
(3) Unliquidated damages
(4) When a pleading contains a conclusion of law
(5) When the pleading contains non-material averments
4. Summary judgment
Summary judgment – absence of a genuine fact or issue; requisites
(1) No genuine issue as to any material fact except amount of
damages
(2) The party presenting the motion for summary judgment must
be entitled to a judgment as a matter of law

Judgment after pre-trial – the court shall motu proprio include in the PTO
that the case be submitted for summary judgment or judgment on the
pleadings, without need for position papers, should there be
(1) No more controverted facts
(2) No more genuine issue as to any material facts
(3) Absence of an issue
(4) Answer fails to tender an issue
Without prejudice to a party moving for the same
Note: The PTO is not yet the adjudication on the case; it is just the court’s
declaration that it will make a judgment on the pleadings or summary
judgment; the judgment shall be rendered within 90 days from
termination of PT; subject to appeal or certiorari
2. Judgment without trial
Genuine issue – exists if the answer or responsive pleading filed
specifically denies the material allegations in the complaint or pleading; if
it requires presentation of evidence, it is genuine; if it can resolved
judicially by plain reading of pleadings, affidavits, depositions, and other
documents on file, it is not genuine.
Proceedings for summary judgment
(1) A motion must be filed, citing the supporting affidavits,
depositions, admissions and specific law relied upon
(2) Within 5 calendar days, the adverse party may file a coment
and serve opposing papers
Action on the motion – being a litigious motion, it is subject to the same
rules as other litigious motions under Rule 15; the action itself is not
subject to certiorari, prohibition, mandamus or appeal, but the judgment
is thus subject

Examples of judgments without trial a. For the claimant

(1) Judgment by confession – one rendered by the court after a
party expressly agrees to the other party’s claim or For the claimant – motion for summary judgment must be filed any time
acknowledges its validity after the pleading in answer thereto has been served, with supporting
(2) Judgment upon compromise – decision rendered by the court papers for summary judgment in his favor
sanctioning the agreement between the parties concerning
the determination of the controversy at hand; essentially a
contract, but gives a res judicata effect when approved by the
b. For the defendant
court; not appealable
For the defendant – motion for summary judgment can be filed any time
during the proceedings, with supporting papers

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 REMEDIAL LAW

c. When the case is not fully Can only be initiated when an For plaintiff – only after the
answer has been filed answer has been served
adjudicated For defendant – any time

Partial summary judgment – if based on the motion, a trial is necessary

because the judgment was not rendered on the whole case or for all
reliefs sought, the court may
(1) Ascertain what material facts exist without substantial
controversy, including the extent to which the damages or
other relief is not in controversy and
(2) Direct further proceedings as are just on the matters that are
still controverted
d. Affidavits and attachments
Requisites for supporting and opposing affidavits
(1) Must be based on personal knowledge
(2) Must set forth facts as would be admissible in evidence
(3) Must show affirmatively that the affiant is competent to testify
to the matters stated therein
(4) CTC of all papers
Affidavits and attachments on which summary judgment may be based
(1) Affidavits supporting the motion
(2) Depositions of the adverse party or 3P
(3) Admissions of the 3P
(4) Answers to interrogatories
6. Contents of a judgment
Elements of a good judgment
(1) Statement of the case
(2) Statement of facts
(3) Issues or assignments of errors
(4) Court ruling, in which each issue is separately considered and
resolved with the law applied on the facts
(5) Dispositive portion
7. Rendition of judgments, final orders
Rendition – filing of the same with the Clerk of Court; must be
(1) In writing
(2) Directly and personally prepared by the judge
(3) States clearly the facts and law on which it is based
(4) Signed by the judge
Period to render – not exceeding 90 days from submission for resolution
Promulgation – process of publication, official announcement, and
making known to the public, with notice to the parties

5. JP vs. SP 8. Entry of judgment and final order

JUDGMENT ON THE PLEADINGS
Absence of a factual issue in the
case, because the Answer
tenders no issue at all or there is
an admission on the material
allegations in the Complaint
Solely based on the pleadings
Available only to the claiming
party or the counterclaimant
SUMMARY JUDGMENT Entry of judgment – if no appeal or MR/MNT is filed within the
There is an issue, but it is not reglementary period, the Clerk of Court shall enter the judgment into the
genuine; the controversy is only Book of Entries of Judgment; deemed final at that point
as to the amount of damages, but
not on a matter of fact
R. Post-Judgment Remedies
Based on pleadings, depositions, 1. MNT/MR (with Relief and Annulment)
admissions, and affidavits
Available to both plaintiff and
defendant

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 REMEDIAL LAW

MOTION FOR NEW TRIAL (RULE 37) MR (RULE 37) RELIEF FROM JUDGMENT (RULE 38) ANNULMENT OF JUDGMENT (RULE 47)
WHERE Court of origin When available: civil cases with final judgments or
AVAILED orders from the RTC; filed with the CA
Time for taking an appeal Filed within 60 days after petitioner learns of the Extrinsic fraud – within 4 years from discovery
judgment, final order, or proceeding to be set
PERIOD aside, but not more than 6 months from entry of LOJ – before it is barred by laches or estoppel (sec. 3)
such judgment or such proceeding was taken;
NOT during time to perfect appeal
FAME Grounds FAME Extrinsic fraud
Which ordinary prudence could not have guarded (1) Damages awarded are When judgment is entered through eFAME, or Valid only if not availed of or could have been availed of
against and by reason of which such adverse party excessive when a party is prevented from taking an appeal in an MNT or Petition for Relief
has probably been impaired of his rights (2) Evidence is insufficient to
justify the decision or final Negligence of lawyers Lack of Jurisdiction (Sec. 2)
Newly discovered evidence order GR: Binds the client
(1) New and material evidence (3) Decision or final order is EXC: Lack of due process (jurisprudence)
GROUNDS
(2) Accused could not with reasonable contrary to law (1) Where the reckless or gross
diligence have discovered and negligence of counsel deprives
produced at the trial the client of due process of law
(3) If introduced and admitted, would (2) When the rule’s application will
probably change the judgment result in outright deprivation of
the client’s liberty or property
(3) Interests of justice
Must be in writing, stating grounds relied upon Must be in writing, stating grounds, By verified petition, with affidavits showing By verified petition, alleging with particularity the facts
FAME – must be supported by affidavits of merit pointing out specifically the findings FAME, and the facts constituting petitioner’s and law relied upon for annulment, as well as those
NDE – must be supported by affidavits of witness by or conclusions of judgments or final good and substantial cause of action or defense supporting the petitioner’s good and substantial cause
CONTENTS
whom such evidence is expected to be given, or by order being contested of action or defense
duly authenticated documents which are proposed Cannot be availed of from the CA or SC
to be introduced into evidence
EFFECT OF Pro forma – when it merely repeats what was said before; mere denial, however, does not
PRO FORMA make it pro forma
MOTION Shall not toll the reglementary period for appeal
Set aside the judgment and grant new trial; or Deny Amend judgment There must be an answer from the other party Dismiss – if no substantial merit in petition
within 15 days from receipt of motion
ACTION ON Petitioner can also ask for PI Due course – if there is prima facie case
MOTION / Hearing must be conducted
PROCEDURE There must be a hearing (Sec. 6)
Court can therefore set aside the judgment if it
finds that the allegations are true
Original judgment shall be vacated, and there shall New judgment shall govern Judgment is set aside LOJ – Set aside the questioned judgment, and render
be a new trial.. But, recorded evidence from former the same null and void without prejudice
EFFECT ON trial, insofar as they are material and competent, Fresh period to file appeal The court shall decide on the merits again as if Extrinsic fraud – on motion, the court may order the
JUDGMENT shall be used in the new trial without retaking the an MR or MNT was filed on time and granted trial court to try the case as if MNT has been granted
same Prescriptive period to refile is suspended. However, if
Fresh period to file appeal ground is extrinsic fraud attributable to plaintiff, not.
RESOLUTION Must be within 30 days from the time it is submitted for resolution. (Sec. 4)
Not appealable, Rule 65 allowed Not appealable, Rule 65 allowed
REMEDY Second MNT is allowed, if on a ground not existing Second MR not allowed (Sec. 5)
or available when the first one was made

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 REMEDIAL LAW

2. Appeals in general ii. Petition for review

a. Judgments and final orders Petition for review – appeal where the judgment was rendered by the
subject to appeal court in the exercise of its appellate jurisdiction

Appeal – process that is neither a right nor a part of due process; it is a
statutory privilege and thus mandates the parties to follow the remedies
provided in the law in order to avail of the same
What can be appealed from – only those final orders or judgments that
dispose of the case, that amount to prejudice
b. Matters not appealable
Rule that follows petition for review – Rule 43 – from [MTC to RTC] to CA
iii. Petition for review on
certiorari
Petition for review on certiorari – appeal from a judgment or final order of
the RTC in its exercise of original jurisdiction directly to the Supreme
Court, or from the CA, SB, or CTA to the SC

Matters not appealable Rule that follows petition for review on certiorari – Rule 45
(1) An order denying a petition for relief or any similar motion
seeking relief from judgment;
(2) An interlocutory order; e. Issues to be raised on appeal
(3) An order disallowing or dismissing an appeal;
(4) An order denying a motion to set aside a judgment by consent, QOL / QOF or BOTH Rule 40 – MTC to RTC
confession or compromise on the ground of fraud, mistake or Rule 41 – RTC to CA
duress, or any other ground vitiating consent; Rule 42 – [MTC to RTC] to CA
(5) An order of execution; Rule 43 – QJA to CA
(6) 6 A judgment or final order for or against one or more of QOL only, as GR Rule 45
several parties or in separate claims, counterclaims, cross-
claims, and third party complaints, while the main case is When QOF can be raised
ending, unless the court allows an appeal therefrom; and (1) Amparo, habeas data, kalikasan
(7) An order dismissing an action without prejudice. (2) Factual findings contradict from
original court and appellate
(3) Finding based on speculation,
c. Remedy against judgments and surmises, or conjectures alone
orders which are not appealable (4) Inference made by the CA from its
findings is manifestly mistaken,
In the above cases – Rule 65 absurd, or impossible
(5) GAD in appreciation
(6) Appellate court went beyond the
d. Modes of appeal issues of the case
(7) Misapprehension of facts
i. Ordinary appeal (8) Conflicting findings of fact
(9) Conclusions without citation of
Ordinary appeal – appeal where the judgment was rendered by the court specific evidence as basis
in the exercise of its original jurisdiction; appeal by writ of error (10) Premised on absence of evidence,
but evidence on record
Rules that follow ordinary appeal contradicts the findings
(1) Rule 40 – from first-level to RTC
(2) Rule 41 – from RTC to CA

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FROM MTC TO RTC (RULE 40) FROM RTC (ORIGINAL) (RULE 41) FROM RTC (APP) TO CA (RULE 42) FROM CTA AND QJA TO CA (RULE 43)
First-level court to RTC Decision or final order of the RTC in its original Decision or final order of the RTC in its appellate Covered (sec. 1) – judgments, final orders, or
jurisdiction to an appellate court jurisdiction to the CA (Sec. 1); resolutions of QJA
NATURE
Not covered (Sec. 2) – judgments and final orders
A.k.a. Ordinary appeal A.k.a. Petition for Review issued under the Labor Code
APPEAL RTC exercising jurisdiction over the area to CA CA CA
MADE TO which the judgment pertains.
NOA – 15 days from notice to the appellant of NOA – 15 days from notice of the judgment or Within 15 days from the notice of the decision Within 15 days from notice of what is being
the judgment or final order appealed from final order appealed from sought to be reviewed or of the denial of appealed, from date of publication if required, or
petitioner’s MR/MNT from denial of MNT or MR.
NOA with ROA – 30 days after notice of the NOA with ROA – 30 days from notice of the
judgment or final order judgment or final order
PERIOD
Tolled by MR or MNT, whose period of filing Habeas corpus – 48 hours from notice of
cannot be extended; fresh period after denial judgment
of MR/MNT
Interrupted by MR or MNT, whose period of filing
cannot be extend; fresh period after denial of
MR/MNT
EXTENSION None None Extendable max 15 days + another max 15 days for the most compelling reasons
NOA to the court of origin, indicating parties to the appeal, the judgment, and material dates Filed with the CA (Sec. 1) Filed with the CA (Sec. 5)
showing timeliness
Pay the docket fees to the CA Pay the docket fees to the CA
NOA with ROA
MODES OF
Only in special proceedings, and in cases of multiple or separate appeals
APPEAL
Service: to the adverse party

Pay the docket fees to the court of origin

Within 15 days from perfection of appeal
TRANSMITTAL
Procedure (Sec. 7)
(1) COC of RTC shall give notice to the
parties that appeal has been
received.
(2) Appellant has 15 days from notice
to file memo. Appellee has 15
days thereafter to submit his.
(3) Case is deemed submitted
Within 30 days from perfection of appeal
Procedure (Sec. 10) – COC responsibilities
(1) Verify correctness of original record,
and certify its correctness
(2) Completeness of the record
(3) If incomplete, take measures to
complete the record
(4) Transmit
CA may order the COC of the RTC to elevate the Within 15 days from notice that petition has been
original record given due course
Procedure (Sec. 4)
(1) CA may require respondent to file comment within 10 days from notice
(2) CA can also just dismiss if it finds it to be without merit, prosecuted manifestly for delay, or
that the questions are too unsubstantial to require consideration
Submission for decision (Sec. 9)
If the petition is given due course, the Court of Appeals may set the case for oral argument or require
the parties to submit memoranda within a period of fifteen (15) days from notice.

Order dismissed case without trial; LOJ The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum
PROCEDURE
(1) If the order is dismissal without required by these Rules or by the court itself.
trial on the merits, RTC can do two
things: affirm, reverse
(2) If ground is LOJ over subject
matter, and RTC has jurisdiction,
a. If RTC affirms dismissal
– RTC shall try the case
as if it was filed with it.
b. If RTC reverses –
remand
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 REMEDIAL LAW
(3) Even if tried on the merits but
first-level court did not have
jurisdiction, RTC will do the same
as in the second bullet
Dismissal of NOA/ROA Grounds
(1) Prior to transmittal of the original record or ROA, the trial court may dismiss the appeal (1) Non-compliance with the Rules regarding
(2) Grounds a. Payment of docket and lawful fees
a. Filed out of time b. Deposit of costs
b. Docket fees c. Proof of service
DISMISSAL
d. Contents of the documents (Sec. 3)
Grounds to dismiss an appeal are exclusive. If the ground is that the matter is not subject to appeal, (2) Those under Sec. 4 (Rule 42) or Sec. 8 (Rule 43)
the trial court cannot take it upon itself to dismiss. a. No merit
b. Prosecuted manifestly for delay
c. Questions are too unsubstantial for consideration
NOA – upon filing in due time, with payment of docket fees RTC loses jurisdiction over the case upon The appeal shall not stay the award, judgment, final
ROA – upon approval of ROA, filed in due time, with payment of docket fees perfection of appeals filed in due time, and order or resolution sought to be reviewed unless
expiration of time to appeal. the Court of Appeals shall direct otherwise upon
Matters of jurisdiction such terms as it may deem just (Sec. 12)
(1) NOA – court loses jurisdiction upon perfection, and expiration of reglementary period Still, the RTC may issue orders for protection
PERFECTION
as to both parties etc, and order execution under Sec. 2 of Rule 39
OF APPEAL
(2) ROA – court loses jurisdiction upon perfection, and expiration of reglementary period
as to both parties Except in cases decided under Summary
(3) Prior to transmittal of the ROA or the original record, the court may issue orders for Procedure, appeal shall stay the judgment or
protection etc, and order execution under Sec. 2 of Rule 39 final order unless the CA, law, or Rules provide
otherwise (like Rule 39, Sec. 4) (Sec. 8)

Rule 45 – Filed with the Supreme Court, to appeal by certiorari the judgment, final, resolution of CA, SB,
3. Appeals from decisions of other specific tribunals CTA, RTC, and other courts of law; may include provisional remedies

SANDIGANBAYAN Rule 45 to the Supreme Court Time of filing – within 15 days from notice of the matter appealed from, or from denial of MR/MNT
CTA Division MR/MNT with the same division within 15 days
If still adverse, petition for review to the CTA en banc Grounds to dismiss Rule 45 petition, action of the Supreme Court
If still adverse, Rule 45 to the Supreme Court (1) Failure of petition to comply with the requirements regarding
COA Rule 65 via Rule 64 to the Supreme Court, within 30 days from notice of judgment, a. Payment of docket and other lawful fees
COMELEC interrupted by MR/MNT if any b. Deposit of costs
CSC GR: Rule 43 to the CA c. Proof of service of petition
EXC: Rule 65 to CA when d. Contents of the documents
(1) Public welfare and advancement of public policy dictates (2) On own initiative of SC
(2) Broader interest of justice requires a. Without merit
(3) Writs issued are null and void b. Prosecuted manifestly for delay
(4) Oppressive exercise of judicial authority c. Questions are too unsubstantial to require consideration
OMB Administrative cases – Rule 43 to the CA
Criminal cases with GADALEJ – Rule 65 to the CA Review discretionary – it is always a second-phase review, thus is only granted when there are special and
NLRC Rule 65 to the CA (St Martin Rule) important reasons therefor
DOJ If punishable by RP – Appeal to OP; after, Rule 43 to CA
If less than RP – Rule 65 with CA
VA MR with VA within 10 days; then Rule 43 to CA within 15 days
SOLE MR with SOLE; then Rule 65 with CA

4. Rule 45

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 REMEDIAL LAW

Bringing remedy to the wrong court EXC: The decision can still be modified on the following grounds
(1) If what was meant to be filed was with question of fact, the (1) Correction of clerical errors
Supreme Court has power to remand the case to court a quo (2) Nunc pro tunc entries that cause no prejudice to the parties
(2) If what was meant to be filed was one for the CA, but it ended (3) Void judgments
up with the CA, the SC has power to remand the case to CA (4) Whenever circumstances transpire after the finality rendering
(3) If the case was meant to be filed with the SC, but it ended up its execution unjust and inequitable
with the RTC (Rule 45), the CA should dismiss the case
Finality for purpose of execution – an execution of a final and executory
judgment is a matter of right; a judgment is final and executory when the
5. Rule 45 vs. Rule 65 law or the rules do not provide for an appeal, or when period for the same
has lapsed without an appeal being taken
RULE 45 RULE 65
QOL only GADALEJ
Involves review of judgment, Must be directed against an 2. When execution shall issue
award, or final order on the interlocutory order prior to
merits judgment, or orders for which no
a. Execution as a matter of right
appeal is allowed and there is no
Execution as a matter of right, instances – Upon motion, and
other plain, speedy, or adequate
(1) Upon judgment or order that disposes of the action
remedy
(2) Upon expiration of period of appeal, and no appeal was taken
Must be made within the Must be made not later than 60
(3) When appeal was duly perfected, and resolved with finality
reglementary period for appeal days from notice of the
judgment, order, or resolution,
Where to file
or 60 days from denial of
GR: Court of origin
MR/MNT
EXC: When justice requires, the appellate court may direct the court of
Stays the judgment, award, or Does not stay the challenged
origin to issue the writ of execution
order appealed from proceeding, unless a WPI or TRO
is issued by a higher court
When judgment can be executed as a matter of right even before
Petitioner and respondent are Parties are the aggrieved party expiration of time to appeal (immediately executory)
the original parties (petitioner), the tribunal (public (1) Ejectment cases, where
respondent), and the prevailing a. The defendant fails to post a supersedeas bond or
party in the court a quo (private deposit the rentals with the court, or
respondent) b. Where the appeal is from a decision of the RTC
MR not required MR required as condition (appellate already) against the defendant
precedent (2) Judgment on injunction, receivership, accounting and support,
Appellate court exercise Original action; high court acts in unless otherwise ordered by the court
appellate jurisdiction and power its original jurisdiction (3) Award, final order, judgment, resolution of QJ bodies
of review; mere continuation appealable to the CA

6. Collateral attack of judgments Staying executions that were issued as a matter of right
GR: Court cannot refuse to issue a writ of execution upon a final and
executory judgment, or quash it, or order its stay
Collateral attack on judgments – any proceeding in which the integrity of
EXC:
a judgment is challenged, except those made in the action wherein the
(1) Change in the situation of the parties which makes such
judgment is rendered or by appeal, and except suits brought to obtain
execution inequitable
decrees declaring judgments void ab initio
(2) Controversy has ever been submitted to the judgment of the
court
Direct attack – one made against a judgment, through an action or
(3) Writ of execution has been improvidently issued
proceeding the main object of which is to annul, set aside, enjoin the
(4) Defective in substance or is issued against the wrong party
enforcement if not yet done, or to recover if already done
(5) Judgment debt has been paid or otherwise satisfied, or when
the writ has been issued without authority
Collateral attack – one made when, in another action to obtain a different
relief, an attack on judgment is made as an incident in said action; proper
only when the judgment is on its face null and void b. Discretionary execution
Discretionary execution, instances
S. Execution, Satisfaction, and Effect of (1) During the time in which appeal is being perfected (within 15
Judgments days after the judgment); provided, requisites
a. By motion
1. Difference between finality of b. Notice to the other party was given
judgment for purposes of appeal; for c. Must have good reason, to be stated in a special
order after due hearing
purposes of execution d. Filed with the
i. The court of origin that still has
Finality for purposes of appeal jurisdiction over the case, or when it
GR: Final judgments dispose of, adjudicate, or determine the rights of the still has the records
parties, leaving nothing to be adjudicated on ii. If not, with the appellate court

MDB 33 2021
 REMEDIAL LAW
(2) Several, separate, or partial judgments, subject to the same
conditions (requisites) as above
Staying executions that were issued as a matter of right, requisites
(1) Approval of the proper court
(2) Posting of supersedeas bond by the party against whom
execution is directed
(3) Conditioned upon performance of the judgment or orders
allowed to be executed in case it shall be finally sustain
Judgments that are not stayed by any appeal
GR: When an order of execution is issued while the judgment is on appeal,
it is stayed; there can be no enforcement
EXC: The following can proceed even when the judgment is on appeal
(1) Injunction
(2) Receivership
(3) Accounting
(4) Support
(5) Ejectment cases, which as special rules under R70
Cases not subject to execution pending appeal
(1) Judgment on moral or exemplary damages
(2) Expropriation
3. How a judgment is executed
a. Execution by motion or by
independent action
Prescription of filing for execution
(1) By motion – within 5 years from date of its entry/finality
(2) By action (original complaint from trial court) – after 5 years
(period for filing by motion) but within 10 years from
entry/finality
(3) Prescribed – after 10 years from entry/finality
b. Issuance and contents of a writ of
execution
Writ of execution – judicial writ issued to an officer authorizing him to
execute the judgment of the court; requisites
(1) Must strictly conform to the decision which gives it life
(2) Cannot vary terms of the judgment it seeks to enforce
(3) Formally—
a. Must be issued in the name of the Republic, from
the court which granted the motion
b. States the name of the court, case number and
title, and dispositive part of the subject judgment
c. Require the sheriff or other proper officer to
enforce the writ according to its terms
c. Execution of judgments for money
Execution of money judgment – may be enforced by
(1) Immediate payment on demand
(2) Satisfaction by levy
(3) Garnishment of debts and credits
Immediate payment – judgment obligor mays in cash, check payable to
the judgment obligee, or any other form acceptable by the judgment
obligee, in the full amount stated in the execution
MDB 34 2021
Satisfaction by levy – act by which an officer sets apart of appropriates a
part of the whole property of the judgment debtor for purposes of
execution sale; only on property to the extent that will satisfy judgment
Garnishment of debts and credits – act of appropriation by the court,
where the property of a debtor in the hands of a third person (debtor’s
debtor); a species of attachment for reaching any property pertaining or
payable to the judgment obligor
d. Execution of judgments for
specific acts
Execution of judgments for specific acts
(1) Sale
(2) Delivery or restitution of real property
(3) Removal of improvements
(4) Delivery of personal property
Sale of real or personal property – officer must sell such property,
describing it, and apply the proceeds in conformity with the judgment
Delivery or restitution of real property – officer shall demand the losing
party to vacate the property within 3 working days, and restore
possession to the judgment obligee; or else, ouster; comes with power of
the officer to break open the premises when there is no occupant
Removal of improvements on property – officer should not destroy,
demolish, or remove improvements except upon special order of the
court; however, if demolition is involved, there must be a special order
Delivery of personal property – officer shall take possession of the
personal property and deliver it to the party entitled toereto, to satisfy
and judgment for money as therein provided
e. Execution of special judgments
Special judgment – one which requires the performance of any other act
than the payment of money, or the sale/delivery of property; requisites
(1) Judgment requires performance of an act other than payment
of money, or sale/delivery of property
(2) Certified copy of the judgment is attached to the writ, and
served upon the judgment obligor and any other person
required to obey the writ
f. Effect of levy on third persons
Levy, re: 3P – Levy on execution creates a lien in favor of the judgment
obligee over the right, title, and interest of the judgment obligor, in such
property, at the time of levy, subject to other existing encumbrances
4. Properties exempt from execution
Properties exempt from execution
(1) Family home, or homestead, land necessarily used in
connection therewith;
(2) Ordinary tools and implements used in trade, employment, or
livelihood;
(3) Three (3) horses, cows, carabaos, or other beast of burden
necessarily used in his/her ordinary occupation;
(4) Necessary clothing and articles for ordinary personal use,
except jewelry;
(5) Household furniture and utensils necessary for housekeeping
that has value not exceeding P100K;
 REMEDIAL LAW

(6) Provisions for individual or family use sufficient for 4 months;

(7) Professional libraries and equipment;
6. Rules on redemption
(8) One fishing boat and accessories value of which does not
Redemption – can be done only for real properties
exceed P100K used in livelihood;
(9) Salaries, wages, or earnings as are necessary for support of
family within 4 months preceding levy;
Who may redeem
(10) Lettered gravestones;
(1) Judgment debtor
(11) Monies, benefits, privileges, or annuities accruing out of any
(2) His successor in interest
life insurance; and
(3) Redemptioner – a creditor having a lien by virtue of an
(12) Properties specially exempt from execution.
attachment, judgment, or mortgage on the property sold,
subsequent to the lien under which the proper was sold
Other exemptions in special laws
(1) Property mortgaged to DBP
Periods to redeem
(2) Property taken over by Alien Property Administration.
(1) Judgment debtor – within 1 year from registration of the
(3) Savings of national prisoners with Postal Savings Bank
certificate of sale
(4) Backpay of pre-war civilian employees
(2) Redemptioner
(5) Philippine Government backpay to guerillas
a. Within 1 year from the date of registration of the
(6) Produce, work animals, and farm implements of agricultural
certificate of sale if they are the first redemption
lessees, subject to limitations.
b. Within 60 days from last redemption if they are a
(7) Benefits from private retirement systems of companies and
subsequent redemptioner
establishments, with limitations.
(8) Labor wages, except for debts incurred for food, shelter,
Redemption price
clothing, andmedical attendance.
(1) For the first redemptioner
(9) Benefit payments from the SSS.
a. Purchase price
(10) Copyrights and other rights in intellectual property under the
b. 1% interest per month, until redemption
former copyright law.
c. Any assessments or taxes which the purchaser may
(11) Bonds issued under R.A. 1000.
have paid thereon after purchase and interest on
such last name amount at the same rate
5. Proceedings where property is d. If purchaser is a creditor having prior lien to that of
the redemption, other than the judgment, the
claimed by third persons; in relation amount of such other lien
to third party claim in attachment and (2) For the subsequent redemptioner
a. Amount paid on the last redemption
replevin b. 2% interest thereon
c. Any assessments or taxes which the last
Who may pay 3P claim – any other person that is not the judgment obligor redemptioner may have paid thereon after their
or his agent redemption, with interest on such last named
amount
Remedies of 3P d. Amount of any liens held by last redemptioner
(1) Terceria – by serving on the levying officer an affidavit of his prior to his own, with interest
title or right of possession over the levied property, and
serving a copy to the obligor Rents, earnings, income on the property – goes to the judgment creditor
(2) Damages – file damages against the bond issued by the until end of the redemption period
judgment debtor within 120 days from filing of bond; the
officer who receives this affidavit is not bound to keep the Writ of possession in real estate mortgage foreclosure
property unless the judgment creditor files an indemnity bond GR: May issue either within the one-year redemption period upon filing
(3) Reivindicatoria – separate action only of a bond or beyond the one-year redemption period without a bond
EXC: No longer ministerial when
In relation to attachment and replevin, which also have terceria remedies (1) A third party is in possession of the property with a claim
ATTACHMENT REPLEVIN adverse to the debtor or mortgagor
To keep the property in the To keep the property in the (2) Gross inadequacy of price
possession of the sheriff, the possession of the sheriff, the (3) Failure to pay the surplus of the proceeds to the mortgagor
attaching party or his agent, on attaching party or his agent, on
demand of the sheriff, must file a demand of the sheriff, must file a
bond to indemnify the 3P for a bond to indemnify the 3P for a no 7. Examination of judgment obligor
value not less than the value of less than double the value of the when judgment is unsatisfied
the levied property personal property
Nothing shall prevent the claimant or any 3P from vindicating in a Examination – upon writ of execution, and judgment is still unsatisfied,
separate action or in the same one the creditor may ask the court to require the debtor to appear and that
their property or income be examined

Limitation – no judgment obligor shall be required to appear before a

court or commissioner outside the province or city in which such obligor
resides or is found.

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 REMEDIAL LAW

(4) Preserve status quo

8. Examination of debtors of the (5) Prevent serious damage
judgment obligor (6) Meet a very urgent need

Examination – the court may order to be examined any person or

corporation who has property of the debtor, or is indebted to the debtor, B. Jurisdiction over provisional remedies
in order to bind the credits due to the debtor.
Which court has jurisdiction – the court that has jurisdiction over the main
Power of the court – the court can compel him, by order or by subpoena action on which the provisional remedy is sought

9. Effect of judgment or final orders C. Preliminary Attachment

Effect of judgments
GR: Conclusive upon the title to the thing, the will,
or the administration or the condition, status or
relationship of the person, in case of a judgment
(1) Against a specific thing
(2) Administration of an estate
In rem
(3) In respect to personal, political, or legal
condition or status if a particular person,
or his relationship with another
EXC: In probate of a will or granting of LOA, it is only
prima facie evidence on the death of the testator
Conclusive between the parties and their SII, by title
subsequent to the commencement of the action or
special proceeding, litigating the same thing, and
under the same title and in the same capacity (res
judicata effect)
In personam;
other cases
In any other litigation between the same parties or
their SII, that only is deemed to have been adjudged
by former judgment which appears on its face to
have been so adjudged is conclusive (conclusiveness
of judgment)
Preliminary attachment – property of the adverse party is taken into legal
custody, either at commencement or any time thereafter, as security for
the satisfaction of any judgment that may be recovered by the claimant
Conversion effect – attachment of the property of the defendant converts
an ordinary action in personam to one quasi in rem; thus, jurisdiction over
the defendant is no longer required for as long as the court has
jurisdiction over to the res
Kinds of preliminary attachment
(1) Attachment – as a provisional remedy (here)
(2) Garnishment – as a provisional remedy, where the credit of
the defendant is attached
(3) Levy on execution – as enforcement of a judgment
When available – any time after commencement, before judgment
Effectivity, duration of preliminary attachment – lien continues until
(1) The debt is paid, or
(2) The sale is made under execution issued on the judgment, or
(3) The judgment is satisfied , or
(4) It is vacated and discharged.

10. Enforcement and effect of foreign 1. Grounds for issuance of writ of

judgments or final orders attachment
UPON A SPECIFIC THING AGAINST A PERSON Grounds for issuance
Conclusive as to the title of it Presumptive evidence as a right ACTION TO QUALIFY
between the parties and their SII Specific amount of Party is about to depart from the
by subsequent title money other than moral Philippines with intent to defraud his
Repelled by or exemplary damages creditors
(1) Want of jurisdiction from an obligation
(2) Want of notice to the other party For money or property Such money or property was embezzled
(3) Collusion or fraudulently misapplied or converted
(4) Fraud to his own use by a person in violation of
(5) Clear mistake of law or fact his duty
For recovery of Such property was thus concealed,
possession of property removed, or disposed to prevent its
PROVISIONAL REMEDIES unjustly or fraudulently
taken, detained, or
being found or taken by the applicant or
an authorized person (fraud)
converted
A. Nature and Purpose Against a party guilty of Such fraud was in relation to contracting
fraud a debt or incurring an obligation upon
Provisional remedies – temporary and ancillary remedies to which parties which the action is brought
may resort for the preservation or protection of their rights or interests, Against a party The party removed or disposed of his
and for no other purpose, during the pendency of the principal action property, or is about to, with intent to
defraud his creditors
Purpose Against a party The party does not reside and is not
(1) Protect rights of a party during litigation found in the Philippines, or on whom
(2) Secure judgment summons can be made by publication
(3) Preserve the subject matter of the litigation

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(1) Summons could not be served personally or by substituted

2. Requisites
Requisites for preliminary attachment to issue
(1) Procedurally
a. Ex parte or by motion, with notice and hearing
b. Such is filed with the court where the action is
pending, before the CA, or the SC
c. There must no other sufficient security
d. An affidavit is filed showing the existence of
ground, where fraud must be alleged with
particularity
e. The applicant must give a bond executed to the
adverse party, in the amount fixed by the court,
conditioned that the applicant pay all costs if the
court finds that the attachment was not warranted
(2) Substantively, in the affidavit
a. Sufficient COA exists
b. Falls under a ground above
c. Amount due to the applicant for attachment is as
much as the sum for which the order is granted
above all counter claims
service despite diligent effects
(2) Defendant is a resident of the Philippines but temporarily
absent therefrom
(3) Defendant is a non-resident
(4) When jurisdiction over him is not necessary – in rem or quasi
in rem proceeding
5. Manner of attaching real and
personal property; when property
attached is claimed by third person
Manner of attaching property – sheriff shall without delay and with all
reasonable diligence, attach such property to await judgment and
execution—
(1) Only so much of the property sufficient to satisfy the
applicant’s demand
(2) Must be found in the Philippines
(3) Must belong to the party against whom the writ is issued
(4) Not exempt from execution

Attachment in accordance with types of property

3. Issuance and contents of order of
Real property Registry with the RD
attachment; affidavit and bond Personal property Taking it and keeping it in his custody
Stocks Leaving with the President or the manager of
Stages of grant of PA the corporation a copy of the writ, and notice
(1) Court issues order granting the application that the stock is attached
(2) Writ of attachment is issued Garnishment of Leaving with the person owing such debts or
(3) Writ is enforced, at which point, the court must have already debts and credits credits a copy of the writ, and notice that it is
acquired jurisdiction over the defendant being attached
Estate Leaving a copy of the writ with the E/A, and a
Who issues notice that estate property is being attached
(1) Court where the action is pending
(2) CA Sale of attached property, when allowed
(3) SC (1) Property is perishable
(2) Interests of all parties to the action would be subserved by the
Affidavit – an order of attachment shall only be granted when it appears sale thereof
in the affidavit that
(1) Sufficient COA exists Remedies of a 3P claiming a property subject to PA
(2) Ground enumerated above (1) Terceria, by executing affidavit of his title or right of
(3) No other sufficient security possession over the property levied, and serving it on the
(4) Amount due to the applicant for attachment is as much as the office enforcing the same and the adverse party
sum for which the order is granted above all counter claims (2) Replevin
(3) Motion for summary hearing on his claim to see if sheriff acted
Bond requirement – Bond, which is wrongly in the performance of his duty
(1) Executed to the adverse party (4) File a separate action to nullify the levy, with damages
(2) In an amount fixed by the court
(3) Conditioned that if the PA was unwarranted, applicant will pay Action by the sheriff upon filing of affidavit of 3P – sheriff is not bound to
costs to be charged against such bond keep it, unless the applicant files a bond; such bond will be answerable for
damages if an action is filed within 120 days from filing of bond
4. Rule on prior or contemporaneous
Terceria counterbond – not required if the attaching party is the RP
service of summons
Prior or contemporaneous service of summons 6. Discharge of attachment and the
GR: No levy on attachment pursuant to Rule 57 shall be enforced, unless counter-bond
preceded or contemporaneously accompanied by service on defendant
of the following Ways to discharge attachment
(1) Summons (1) Counterbond in the amount of the property attached, or the
(2) Copy of the complaint amount of the property that the adverse part wants to release
(3) Applicant’s affidavit and bond (2) Motion to set aside on the ground that
(4) Order and writ of attachment a. It was improperly issued
EXC: No need for prior or simultaneous service of summons when b. It was irregularly enforced
c. The bond is insufficient

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d. Property is exempt from execution Temporary restraining order – a provisional order to maintain the subject
e. Judgment is rendered against the attaching controversy in status quo until the hearing of an application for
creditor preliminary injunction; goes with the PI, so when the PI dies, TRO dies
f. Excessive attachment, to the extent of excess Status quo ante order – it is meant to maintain the state of things existing
before the controversy; interlocutory; not issued under the ROC, but in
Discharge hearing – discharge is not automatic; there must be due notice, effect, it follows the same rules as TROs
hearing, and an order issued by the court.
Who may issue PI – same as PA
(1) Where the action is pending
7. Satisfaction of judgment out of (2) CA, if there pending
property attached (3) SC, if there pending

Satisfaction of judgment – if the judgment be recovered by the attaching 2. Requisites

party and execution issue thereon, the sheriff may cause the judgment to
be satisfied out of the property attached in the following manner
Requisites for issuance of PI
(1) By paying to the judgment obligee the proceeds of all sales of
(1) Clear and unmistakable right
perishable or other property sold in pursuance of the order of
(2) Material and substantial invasion of that right
the court, necessary to satisfy the judgment;
(3) Irreparable injury (incapable of pecuniary estimation)
(2) If any balance remains due, by selling so much of the property,
(4) No other ordinary, speedy, or adequate remedy
real or personal, as may be necessary to satisfy the balance;
(5) Filing of a bond by the applicant in the amount fixed by the
(3) By collecting from all persons having in their possession credits
court, to the effect that the applicant will pay to such party or
belonging to the judgment obligor, or owing debts to the latter
other person all damages which he may sustain by reason of
at the time of the attachment of such credits or debts, the
the WPI/TRO if the court finds it was not warranted
amount of such credits and debts as determined by the court
in the action, and stated in the judgment, and paying the
Procedure for issuance of WPI, TRO, SQAO
proceeds of such collection over to the judgment obligee.
PI TRO SQAO
Prevents further Preserves status quo Maintains status quo
Recovery upon counterbond – in order that a judgment creditor may
injury, and maintains ante until the before the
recover from the surety on the counterbond, requisites
status quo for the hearing for controversy, until
(1) Execution be first issued against the principal debtor, and that
proceedings application for PI further orders of SC
such execution was returned unsatisfied in whole or in part
(2) Creditor made a demand upon the surety for the satisfaction (1) Verified petition SC – conservation of
of judgment (2) Application must show facts the status quo is
(3) Surety was given notice, and a summary hearing is held to entitling applicant to relief desirable or essential
determine his liability under the counter bond (3) Bond must be filed Lower court – same
(4) Prior notice and hearing for the as TRO
persons sough to be enjoined
8. Compared with garnishment and levy Filed at any stage Great or irreparable Any stage of an
on execution during proceedings, injury or action before final
before judgment Extreme urgency + judgment
grave injustice – ex
PA AS PROVREM LEVY ON EXECUTION GARNISHMENT
party 72 hr TRO
Real or personal Any available Money, stocks,
Filed with RTC having territorial jurisdiction Rules do not provide
property of the property of the shares, interests
over the act sought to be enjoined or
adverse party is adverse party is therein, debts,
principal office of corporation to be enjoined;
attached attached credits, and other
CA; SC
personal property
Until disposition of RTC – 20 days (with Under fina
not capable of
the case 72hr included na) disposition or as may
manual delivery
CA – 60 days from be directed by SC
Bond is required for No bond required Bond required if it is
service to party
it to issue a provrem garnish;
SC –further orders
no need if execution
No ex parte 20-day – no ex parte SC – motu proprio
Grant is subject to Grant is a matter of If as PA – judicial
72-hr – ex parte LC – TRO rules apply
judicial discretion right unless the discretion; if
execution itself is execution – right
Flow chart of what happens in asking for WPI
only discretionary unless discretionary
Filing of complaint with prayer of TRO and WPI
Case goes to the executive judge
D. Preliminary Injunction Grave injustice, irreparable Great and irreparable injury
injury, extreme urgency
1. Definitions and differences: PI, TRO, EJ ISSUES EX PARTE GOES TO BRANCH FOR
and status quo ante order Period – 72 hours SUMMARY HEARING
Period – 20 days
Preliminary injunction – order granted at any stage of an action or During 72 hours, BRANCH During 20 days, BRANCH
proceeding before the judgment or final order, requiring a party or a conducts hearing on whether to conducts hearing on whether PI
court, agency, or person to refrain from or to perform an act extend TRO +17d should issue

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3. Kinds of injunctions; kinds of 6. Grounds for objection to, or for the

temporary restraining orders dissolution of injunction or
Preliminary prohibitory injunction – restrains an action to maintain status
restraining order
quo of the parties before the proceedings
Grounds for objection
Preliminary mandatory injunction – requires performance of an action to
(1) Insufficiency of bond
restore status quo of the parties before the proceeding
(2) Other grounds, upon affidavits of the party or persons
Final injunction – granted if it appears during trial that the applicant is
enjoined, which may be likewise opposed by applicant
entitled to have the acts complained of permanently enjoined
(3) If it appears after hearing that although the applicant is
entitled, the issuance would cause irreparable damage to the
4. When writ may be issued, when writ party enjoined, and the person enjoined files a counter-bond
(4) Applicant’s bond is found to be insufficient in amount, or if the
may not be issued surety fails to justify

When writ may be issued

(1) Relief from judgment on the ground of FAME 7. Duration of TROs
(2) Certiorari, prohibition, mandamus
(3) Annulment of judgments through fraud Duration of TRO
(4) Restrain husband from alienating community property during GR: Period of 20 days from service
annulment/nullity proceedings EXC: In case of extreme urgency and when applicant will suffer grave
(5) Enjoin repeated trespass injustice and irreparable injury, it can be issued ex parte, effective for 72
(6) Restrain abatements hours after summary hearing
(7) Restrain voting of disputed shares of stock EXC to EXC:
(8) Restrain sheriff from selling on execution property of 3P (1) CA – 60 days from service
(9) Restrain criminal prosecutions subject to specific conditions in (2) SC – until further orders
Brocka v. Enrile
(10) In case of ejectment What happens during TRO – The court has to determine if the WPI is to
be issued; if it is not resolved, then the TRO is automatically vacated
When writ did not issue
(1) To taking property for another who has no title over it
(2) When damages would adequately compensate for injury 8. Rule on prior or contemporaneous
(3) Preventing directors from discharging office and restoring service of summons in relation to
former directors
(4) Restrain criminal prosecution where the OMB authorized the attachment
OSP to conduct a PI
(5) Enjoin collection of NIR taxes unless from the CTA Prior or contemporaneous service of summons
(6) To restrain freeze order under AMLA unless from CA or SC GR: The application for WPI may or may not be included in the complaint.
(7) Against the PARC The notice of hearing on said application shall be preceded or
(8) Against xjf contemporaneously accompanied by service of summons, along with the
pleading, the affidavits, and the bond, upon the adverse party in the PH
EXC: No need for contemporaneous or prior service when
(1) Summons could not be served personally or by substituted
5. Grounds for issuance of preliminary service despite diligent effects
(2) Defendant is a resident of the Philippines but temporarily
injunction absent therefrom
(3) Defendant is a non-resident
Grounds for issuance of PI
(1) That the applicant is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the E. Receivership
commission or continuance of the act or acts complained of,
or in requiring the performance of an act or acts, either for a Receivership – exercised only under circumstances requiring summary
limited period or perpetually; relief, or where the court is satisfied that there is an imminent danger of
(2) That the commission, continuance or non-performance of the loss; purpose is to protect and preserve the right of the parties during the
act or acts complained of during the litigation would probably pendency of the main action, appeal, or in aid of execution
work injustice to the applicant
(3) That a party, court, agency or a person is doing, threatening,
or is attempting to do, or is procuring or suffering to be done, 1. Cases when receiver may be
some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or proceeding,
appointed
and tending to render the judgment ineffectual.
Grounds for receivership
(1) Applicant has interest in the property subject to litigation, and
that such property is in danger of being lost, removed, or
materially injured unless a receiver be appointed to administer
and preserve it

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(2) When it appears in an action by the mortgagee for the

foreclosure of a mortgage that the property is in danger of
5. Two kinds of bonds
being wasted or dissipated or materially injured, and that its
Bonds under receivership proceedings
value is probably insufficient to discharge the mortgage debt,
(1) Applicant’s bond– to the effect that the applicant will pay the
or that the parties have so stipulated in the contract of
adverse party such damages he may sustain by reason of
mortgage;
appointment, should the court find that the receivership was
(3) After judgment, to preserve the property during the pendency
without sufficient cause
of an appeal, or to dispose of it according to the judgment, or
(2) Additional applicant’s bond – if the court should require
to aid execution when the execution has been returned
further security for damages
unsatisfied or the judgment obligor refuses to apply his
(3) Counterbond – to the effect that the adverse party shall pay
property in satisfaction of the judgment, or otherwise to carry
the applicant all damages he may suffer by reason of matters
the judgment into effect;
specific in the application as ground for such appointment.
(4) Whenever in other cases it appears that the appointment of a
(4) Receiver’s bond – that the receiver perform his duties
receiver is the most convenient and feasible means of
faithfully and obey the orders of the court
preserving, administering, or disposing of the property in
litigation. (catch-all)
Charges against bonds
(1) If damage is caused by reason of appointment of a receiver –
2. Requisites charge against applicant’s bond
(2) IF damage is caused by negligence or acts of the receiver –
Requisites charge against receiver’s bond
(1) Based on one of the ground above
(2) Properties being placed under receivership are those that are 6. Termination of receivership
involved in the litigation itself
(3) Plaintiff must be not be in actual possession of the property
When receivership terminates – By motion or motu proprio, when the
being placed under receivership
necessity of receiver no longer exists; court must
(4) The rights of the parties must not depend on the pending
(1) Settle accounts of the receiver
determination of adverse claims of legal title to real property,
(2) Direct delivery of funds and other property in possession of
and one party is in possession
the receiver
(3) Order discharge of such receiver
3. Requirements before issuance of an (4) Give compensation as the circumstances of the case warrants
order appointing receiver
F. Replevin
Requirements
(1) Verified application for the appointment of a receiver based Replevin – both a principal remedy and a provisional relief; possessory in
on any of the grounds above nature, and determines nothing more but the right of possession
(2) Bond filed by the applicant, and executed to the party against
whom such application is presented, to be charged with all
damages the other party may sustain if the issuance was not 1. When may writ be issued
after all warranted (no sufficient cause)
When to file application for replevin as a provisional remedy
Instances when receivership may be lifted (1) At the commencement of the action
(1) Appointment sought or granted has no sufficient cause (2) At any time before the defendant files an answer
(2) Adverse party files a counterbond to answer for the damages
(3) Applicant’s bond is insufficient Personality of the applicant – applicant need not be the owner; need only
(4) Receiver’s bond is insufficient allege that they have right to possess the thing

4. General powers of a receiver 2. Requisites

Powers of the receiver
(1) Bring and defend actions in his own name, in the capacity of
receiver
(2) Take and keep possession of the property in controversy
(3) Receive rends
(4) Collect debts to himself as receiver or to the fun, property,
estate, or corporation of which he is a receiver
(5) Compound for or compromise such debts
(6) Pay outstanding debts
(7) Divide the money and other property that shall remain among
the persons legally entitled to same
(8) Do such acts respect the property as the courts may
authorized
(9) Invest funds when there is order by the court upon writing
consent of the parties to the action
Requisites for replevin (Sec. 2)
(1) Applicant is entitled to possession or owns the property
(2) The property is wrongfully detained
(3) It has not been legally detained (i.e. for distraint or levy)
(4) Market value is specified in the affidavit
(5) Bond worth double the value of the property – security for the
return of the property to the adverse party if such return is
adjudged, and for payment to the adverse party of such sum
as he may recover from the application in action
3. Affidavit and bond; redelivery bond
Procedure for application of replevin
(1) Must be within the period (at commencement or before
answer is filed)

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 REMEDIAL LAW
(2) Application must contain an affidavit executed by the
applicant or one who personally knows the facts, showing
a. Applicant is the owner or is entitled to possession,
and particularly describing the property
b. Such is wrongfully detained by another
c. That it has not been lawfully detained under
distraint or levy
d. Actual market value of the property
(3) Applicant must file a replevin bond worth double the value
(4) Upon filing of such affidavit and approval of the bond, the
court shall issue the writ
Remedies of the other party
(1) Object to insufficiency of the bond, in which case the court will
give the applicant time to post a new bond; when it is still
insufficient, the replevin will be discharged
(2) File a redelivery bond worth double the property
When delivery to the applicant must be made by the sheriff – if after 5
days after taking of the sheriff into their custody
(1) The adverse party does not object to the sufficiency of the
bond or the sureties
(2) The adverse party objects but the court affirms the approval
of the bond or a new bond,
(3) The adverse party requires the return but his bond is objected
to, and the objection is sufficient, and adverse party does not
file an approved bond
4. Sheriff’s duty in the implementation
of the writ; when property is claimed
by third party
Duties of the sheriff
(1) Serve a copy of the order granting the writ on the adverse
party with a copy of the application, affidavit, and bond
(2) Take the property and retain it in his custody
(3) If it is concealed, demand its delivery
(4) If it can’t be delivered, cause the building to be broken open
so he can take the property into his possession
(5) Keep the property secure
(6) Has the responsibility for its delivery to the applicant upon
receiving his fees and necessary expenses for taking and
keeping the same
If property is claimed by a third person – same procedure as in execution
ATTACHMENT REPLEVIN
To keep the property in the To keep the property in the
possession of the sheriff, the possession of the sheriff, the
attaching party or his agent, on attaching party or his agent, on
demand of the sheriff, must file a demand of the sheriff, must file a
bond to indemnify the 3P for a bond to indemnify the 3P for a no
value not less than the value of less than double the value of the
the levied property personal property
Nothing shall prevent the claimant or any 3P from vindicating in a
separate action or in the same one; in execution, it can only be in a
separate proceeding
MDB 41 2021
G. Provisional Remedies and Interim
Reliefs Under Special Laws and Rules
1. Provisional remedies of the Family
Courts
Restraining order, requisites
(1) Upon verified application for relief of abuse by the
complainant or the victim
(2) Application is based on the ground of violence among
immediate family members living in the same domicile or
household
(3) Such order is directed against the accused or defendant
Other reliefs
(1) Temporary custody in all civil actions for child custody
(2) Order support pendente lite
2. Human Security Act
Restriction from travel – travel outside the municipality or city, without
authorization of the court, warrants forfeiture of bail provided
(1) Application for the limitation is made by fiscal
(2) Evidence of guilt is not strong
(3) Person charged is entitled to bail is granted the same
(4) Limitation is in the interest of national security, public safety
When restriction is lifted
(1) Accused is acquitted
(2) Case is dismissed
(3) Upon discretion of the court
(4) Upon motion of the prosecutor or the accused
Examination of bank deposits, accounts, and records – as authorized by
the CA sitting as special court handing anti-terrorism cases, giving
authority to the ATC to
(1) Examine or cause the examination of deposits, placements,
trust accounts, assets and records in a bank or FI
(2) Gather or cause the gathering of any relevant information on
the same
Requisites before CA may issue – justice must satisfy themselves, in a
hearing, after ex parte application, of the existence of probable cause that
(1) The person is charged or suspected of terrorism
(2) Of a judicially declared and outlawed terrorist group
(3) Of a member of 2
3. VAWC
Relief in protection orders
(1) Prohibition on respondent from threatening to commit or
committing an act of violence
(2) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly;
(3) Removal and exclusion of the respondent from the residence
of the petitioner; if respondent must remove personal effects
from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things
and escort respondent from the residence;
(4) Directing the respondent to stay away from petitioner and
designated family or household member at a distance
specified by the court, and to stay away from the residence,
 REMEDIAL LAW

school, place of employment, or any specified place

frequented by the petitioner and any designated family or
6. Precautionary Hold Departure Orders
household member;
PHDO – written order of the court commanding the Bureau of
(5) Directing lawful possession and use by petitioner of an
Immigration to prevent any attempt by a person suspected of a crime to
automobile and other essential personal effects, regardless of
depart from the Philippines; can be issued even before the filing of an
ownership, and directing the appropriate law enforcement
Information
officer to accompany the petitioner to the residence of the
parties to ensure that the petitioner is safely restored to the
Ex parte PHDO, instances
possession of the automobile and other essential personal
(1) When the minimum penalty is at least 6 years and one day
effects, or to supervise the petitioner's or respondent's
(2) When the offender is a foreigner, regardless of penalty
removal of personal belongings;
(6) Granting a temporary or permanent custody of a
Venue for filing of PHDO
child/children to the petitioner;
(1) RTC where alleged crime was committed, except
(7) Directing the respondent to provide support to the woman
a. For compelling reasons – RTC within the JR where
and/or her child if entitled to legal support. Notwithstanding
the crime was committed, if known where
other laws to the contrary, the court shall order an appropriate
b. RTCs in Manila, QC, Cebu, Iloilo, Davao, and CDO
percentage of the income or salary of the respondent to be
for applications filed by the fiscal from complaints
withheld regularly by the respondent's employer for the same
instituted by the BI
to be automatically remitted directly to the woman. Failure to
(2) SB, in cases falling under its jurisdiction
remit and/or withhold or any delay in the remittance of
support to the woman and/or her child without justifiable
Requisites for PHDO to issue
cause shall render the respondent or his employer liable for
(1) Motion filed before the fiscal
indirect contempt of court;
(2) Preliminary determination of probable cause
(8) Prohibition of the respondent from any use or possession of
(3) Application by fiscal with the OMB
any firearm or deadly weapon and order him to surrender the
(4) Complaint-affidavit with attachments, personal details,
same to the court for appropriate disposition by the court,
passport number, and photograph of respondent, if available
including revocation of license and disqualification to apply for
any license to use or possess a firearm. If the offender is a law
Grounds for issuance – determination of the judge SB, that there is
enforcement agent, the court shall order the offender to
(1) Probable cause and
surrender his firearm and shall direct the appropriate
(2) High probability that the respondent will leave the Philippines
authority to investigate on the offender and take appropriate
to evade arrest and prosecution
action on matter;
(9) Restitution for actual damages caused by the violence
Lifting of PHDO – Respondent must file a bond, grounds
inflicted, including, but not limited to, property damage,
(1) Based on complaint-aff and evidence, that there is a doubt
medical expenses, childcare expenses and loss of income;
that probable cause exists to issue PHDO or
(10) Directing the DSWD or any appropriate agency to provide
(2) Respondent is not at flight risk
petitioner may need; and
(11) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the
petitioner and any designated family or household member,
SPECIAL CIVIL ACTIONS
provided petitioner and any designated family or household
member consents to such relief.
A. Nature of Special Civil Actions
Where to file for protection order
(1) BPO Special civil action – one by which a party sues another for the
a. For those involving residents of the same barangay enforcement or protection of a right, or the prevention or redress of a
– Punong Barangay wrong; subject to special rules in addition to ordinary rules
b. For those in separate barangays – barangay were
respondent resides, at the election of plaintiff
(2) TPO or PPO – Family Court in the place of residence of the
B. Ordinary Civil Actions vs SCA
petitioner/survivor
ORDINARY SPECIAL
Must be based on COA Not necessarily based on COA,
4. AMLA like in interpleader (no interest in
the subject matter) and
See COMM Reviewer for inquiry into bank accounts, freeze order, and civil declaratory relief (no actual
forfeiture proceedings. violation of rights)
May be filed initially in MTC or Some SCA cannot be
RTC depending on amount commenced in the first-level
5. FRIA courts, like Rule 65
Filed as complaints Some are filed as complaints,
See COMM Reviewer for stay or suspension order. others as petitions

SCA initiated by complaint

(1) Interpleader
(2) Expropriation

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 REMEDIAL LAW

(3) Foreclosure of REM

(4) Partition
E. Declaratory Reliefs and Similar
(5) Ejectment Remedies
SCA initiated by motion Declaratory relief – meant to secure an authoritative statement of the
(1) Declaratory relief rights and obligations of a party under a statute, deed, contract etc, for
(2) Review of COMELEC/COA their guidance in its enforcement or compliance; not meant to settle
(3) Rule 65 issues arising from breach
(4) Contempt

SCA with two stages 1. Who may file action

(1) Expropriation
(2) Partition Who may file – persons interested in the following subject matters
Deed, will, contract or other Any person interest in the same
written instrument
C. Jurisdiction and Venue Statute, executive order or Any person whose rights are
regulation, ordinance, any other affected by the same
Discussed previously. governmental regulation

Who must be parties

D. Interpleader (1) All persons who have a claim or interest, which would be
affected by the declaration
Interpleader – proper when there are conflicting claims upon the same
(2) In case of government regulation
subject matter, which are or may be made against a person who claims
a. OSG – when action involves validity of national
no interest in the subject matter or whose interest is not disputed; an
issuance or constitutionality of a LGU ordinance
interpleader is meant to compel the claimants to litigate among
b. Local attorney – when action involves the validity
themselves
of a local ordinance

1. Requisites for interpleader 2. Requisites

Requisites
Requisites of declaratory relief
(1) Two or more claimants with adverse of conflicting interests to
(1) Controversy is on a deed, will, contract, or other instrument;
a property in the custody or possession of the plaintiff
or government issuance
(2) Plaintiff has no claim on the subject matter, or if he does, that
(2) Terms of said documents and validity thereof are doubtful and
such interest is not disputed by the parties
require judicial construction
(3) Subject matter of the adverse claims is the same
(3) There must be no breach
(4) There must be an actual judicial controversy, between persons
Who files/Who is the plaintiff – the person against whom the conflicting
whose interests are adverse
claims are made
(5) Issue must be ripe for judicial determination
(6) Adequate relief is not available through any other means
2. When to file
3. When court may refuse to make
When to file
GR: Within a reasonable time after a dispute has arisen, without waiting judicial declaration
to be sued by either of the contending parties
EXC: Where the stakeholder acts with reasonable diligence in view of Judicial declaration
environmental circumstances, the remedy is not barred GR: The court has the discretion, motu proprio or upon motion, to refuse
to grant a declaratory relief when
If an action is already pending – instead of interpleader, one can file an (1) Decision would not terminate the uncertainty or controversy
answer with allegations of conflicting claims, and a 3P-complaint which gave rise to the action
impleading the other party (2) Declaration or construction is not necessary under the
circumstances of the case
EXC: If the action is for reformation of instruments, consolidation of
3. Dismissal ownership, and quieting of title – court cannot refuse to adjudicate

Motion to dismiss interpleader – must be filed within the period to file

Answer, by any one of the claimants; grounds
(1) Impropriety of interpleader
(2) Other appropriate grounds under affirmative defenses?
Effect of denial of MTD – Neypes rule does not apply; like in Bill of
Particulars, the claimant will have the unexpired portion of the time to file
an Answer, which shall not be less than 5 days
4. Conversion to ordinary action
Conversion - If before the final termination of the case, a breach or
violation of an instrument or a statute, executive order or regulation,
ordinance, or any other governmental regulation should take place, the
action may thereupon be converted into an ordinary action, and the
parties shall be allowed to file such pleadings as may be necessary

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5. Proceedings considered as similar RULE 64 RULE 65

Applies to final orders, May be used for interlocutory
remedies judgments, or resolutions (akin orders of COMELEC/COA
to Rule 43)
a. Reformation of an instrument Directed against COMELEC en Directed against a tribunal,
banc and COA only board, or officer exercising
Reformation of an instrument – not action to reform a contract, but to
judicial or QJ functions
reform the instrument evidencing the contract
Filed within 30 days from notice Filed within 60 days from notice
Does not follow Neypes rule Follows Neypes rule
b. Consolidation of ownership Annexes must be certified Only the order assailed should be
certified
Consolidation of ownership – action brought to consolidate ownership is
not for the purpose of consolidating in the person of the vendee or buyer, Order to comment – comments must be made within 10- days from
but for the registration of such ownership notice to file thereof, after petition is found sufficient in form and
substance

c. Quieting of title to real property Outright dismissal of petition

(1) Complaint is insufficient in form and substance
Quieting of title – removal or prevention of a cloud of title to real property (2) Complaint was manifestly for delay
or interest therein by reason of any instrument, record, claim, (3) Questions are too unsubstantial to warrant further
encumbrance or proceeding which is apparently valid but in truth and in proceedings
fact is invalid, ineffective, voidable, or unenforceable and prejudicial to
the said title. Effect of filing – does not stay the execution, unless the SC orders
otherwise upon such terms as may be just
F. Review of Judgments and Final Orders
or Resolutions of the COMELEC, COA G. Certiorari, Prohibition, and
Mandamus
Scope – review of judgments and final orders or resolutions of the
COMELEC en ban and the COA, exercised in their quasi-judicial power 1. Definitions and distinctions
2. Requisites
1. Distinctions in the application of Rule
65 to judgments of COMELEC and
COA, and the application of Rule 65 to
other tribunals, persons, and officers

CERTIORARI (Sec. 1) PROHIBITION (Sec. 2) MANDAMUS (Sec. 3)

Within 60 days from notice of judgment order o resolution. In case there is MR or MNT, petition shall be filed not later than 60 days from
WHEN
the notice of denial of such motion.
If act of a first level court, or of a corporation, board, officer, or person – RTC exercises jurisdiction over the territory
If in aid of its appellate jurisdiction – CA or SB
WHERE
If act of a QJA agency – CA only
If infraction in election cases before the courts – COMELEC
Tribunal, board, or officer, exercising Tribunal, corporation, board, officer, Tribunal, corporation, board, officer or person
AGAINST judicial or quasi-judicial function or person, whether exercising judicial, (ministerial only)
WHOM (discretionary functions) quasi-judicial, or ministerial functions
(discretionary and ministerial)
(1) Unlawfully neglecting performance of an
act which by law specifically enjoins as duty
resulting from an office, trust, station; or
INFRACTION GADALEJ
(2) Unlawfully excludes another from the use
and enjoyment of a right or office to which
the other is entitled
QUALIFIER No other plain, speedy, and adequate remedy in the ordinary course of law
Verified— Verified— Verified—
(1) Alleging facts with (1) Alleging facts with certain (1) Alleging facts with certainty
certainty (2) Praying that judgment be (2) Praying that judgment be rendered
(2) Praying that judgment be rendered commanding the commanding the respondent to do the act
PETITION
annulled or modified respondent to desist from required to be done
(3) Incidental reliefs prayed further proceedings (3) Prayer for damages sustained by petitioner
(3) Incidental reliefs prayed by reason of unlawful acts of the
respondent

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Requisites of certiorari Requisites for prohibition Requisites for mandamus

(1) Against whom ^ (1) Against whom^ (1) There is a clear legal right or duty
(2) Infraction ^ (2) Infraction ^ (2) Respondent is exercising ministerial duty
(3) Last resort (3) Last resort (3) Respondent unlawfully neglects the
REQUISITES
performance of this duty, or excludes
another unlawfully from the enjoyment of
office to which they are entitled
(4) Last resort
Rules
WHEN (1) Certiorari is not available
PROPER when appeal is available
(2)

(2) A petition for prohibition is intended to prevent future acts to

3. When petition for certiorari, be done, and is thus not proper when the acts are
prohibition, and mandamus is proper accomplished, except
a. Where it would prevent the creation of a new
Rules for certiorari province by those in the corridors of power who
(1) Certiorari is not available when appeal is available, except could avoid judicial intervention and review by
a. When appeal does not constitute a plain and merely speedily and stealthily completing the
adequate remedy commission of such illegality.
b. Where the orders were also issued either in excess b. Where it would provide a complete relief by not
or without jurisdiction only preventing what remains to be done but by
c. For public welfare of public policy undoing what has been done, such as terminating
d. In criminal cases, when the court rejects rebuttal a preliminary investigation instead of filing
evidence for the prosecution and there is no amotion to quash
remedy (like in case of acquittal) c. Where the acts sought to be enjoined were
e. Where the order is a patent nullity performed after the injunction suit is brought.
f. When decision in the certiorari case will avoid
future litigations Rules for mandamus
(2) An MR is required before filing certiorari, unless (1) Mandamus is proper when there exists a clear legal right
a. Where the order is a patent nullity, as where the (2) It is proper when the act is ministerial
court a quo has no jurisdiction;
b. Where the questions raised in the certiorari
proceedings have been duly raised and passed
4. Injunctive relief
upon by the lower court, or are the same as those
Injunctive relief – the court may issue orders expediting the proceedings,
raised and passed upon in the lower court;
such as TRO and PI.
c. Where there is an urgent necessity for the
resolution of the question and any further delay
would prejudice the interests of the government or 5. Distinguish: prohibition, mandamus,
of the petitioner or the subject matter of the action
is perishable; and injunction
d. Where, under the circumstances, a motion for
reconsideration would be useless; PREVENTIVE INJUNCTION PROHIBITION
e. Where petitioner was deprived of due process and Order requiring litigant to refrain Judgment commanding a
there is extreme urgency for relief; from a particular act tribunal, corporation, board,
f. f. Where, in a criminal case, relief from an order of officer, or person to desist from
arrest is urgent and the granting of such relief by proceeding, because it acts with
the trial court is improbable; GADALEJ
g. here the proceedings in the lower court are a Ordinary civil action Special civil action
nullity for lack of due process; Against litigant Against a tribunal, corporation,
h. h. Where the proceeding were ex parte or in which board, or officer
the petitioner had no opportunity to object; or MANDATORY INJUNCTION MANDAMUS
i. Where the issue raised is one purely of law or Order requiring a party litigant to A judgment commanding a
where public interest is involved. perform a particular act to tribunal, board, corporation,
(3) Certiorari is not a proper remedy to appeal a MTQ, except restore the status quo board or officer unlawfully
when there is GADALEJ neglecting a ministerial act
(4) It is proper to appeal a declaration of presumptive death, a pursuant to their functions, in
summary proceeding order to protect the petitioner
(5) It is proper in a case under small claims, as appeal is not Ordinary action Special civil action
allowed MANDAMUS INJUNCTION
(6) It is proper as against the JBC Special civil action Ordinary action or provisional
Against tribunal, corporation, Against litigant
Rules for prohibition board, or officer
(1) Prohibition is the remedy when an MTD is improperly denied Ministerial duty compelled Compels or retrains any act

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(2) The OSG or fiscal, with permission of the court, at the request
and upon relation of another person
6. Certiorari vs. Art. VIII, Sec. 1 (3) A private person, when he is claiming to be entitled to a public
office or position usurped or unlawfully held or exercised by
Certiorari and prohibition – in fact, are appropriate remedies to contest another, in his own name
the validity of acts under any branch or agency of the government, thus
(1) If the petition is against tribunals, boards, officers etc
exercising judicial or quasi-judicial functions, with GADALEJ –
Rule 65 1. Distinguish: quo warranto under the
(2) If the petition is against other branches of the government for
GADALEJ – invoke Section 1 of Art. VIII
Rules of Court and quo warranto
under the Omnibus Election Code
7. Exceptions to filing of motion for ROC OEC
reconsideration before filing petition Assailing an appointive office Assailing an elective office
Issue is the legality of the Grounds relied upon are
See above in Rules for Certiorari occupancy by virtue of (1) Ineligibility
appointment (2) Disloyalty to the RP
Brought to the SC, CA, RTC May be instituted with the
8. Reliefs petitioner is entitled to COMELEC by any voter, or to the
first-level court in case of
Primary reliefs of the petitioner barangay official
Certiorari Subject of certiorari is annulled or modified Must be filed within 1 year from Must be filed within 10 days after
Prohibition Respondent is ordered to desist from further the time of the ouster, or the proclamation of results
proceedings on the subject of prohibition right of petition to take office
Mandamus Respondent, immediately or some other time Petitioner is the person entitled Petitioner may be any voter,
specified by court, must do the act required, to the office (Sec. 5, (3)) even though not entitled
and pay damages sustained by petitioner Court declares who is entitled to When court determines that QW
the office, and if it is the is proper, the candidate-elect is
9. Acts or omissions of first-level/RTC in petitioner unseated, but 2nd placer will not
be the winner
election cases
Election cases involving act or omission of trial court – certiorari must be 2. When government commences an
filed with the COMELEC, in the exercise of its appellate jurisdiction action against individuals or
associations
10. Effects: filing unmeritorious petition
Against individuals
Dismissal – Court may dismiss the petition for being unmeritorious ie (1) When a person usurps, intrudes into, or unlawfully holds or
(1) It is patently without merit; exercise a public office, position or franchise
(2) It is prosecuted manifestly for delay; or (2) When a public officer who does or suffers an act which by
(3) If the questions raised therein are too unsubstantial to require provision of law, constitutes a forfeiture of office
consideration
Against associations or corporations – Against an association which acts
as a corporation within the PH without being legally incorporated or
H. Quo Warranto without lawful authority to act (de facto corporations)

Quo Warranto – an action for the usurpation of a public office, position, Where action should be brought, if by OSG
or franchise, in the name of the Republic of the Philippines (1) RTC of Manila
(2) CA
Against whom quo warranto is filed (Sec. 1) (3) SC
(1) A person who usurps, intrudes into, or unlawfully holds or
exercises a public office, position or franchise 3. When individual may commence an
(2) A public officer who does or suffers an act which, by provision action
of law, constitutes a ground for forfeiture of his office
(3) An association which acts as a corporation within the PH
Who commences
without being legally incorporated or without lawful authority
GR: The government, through the OSG (1) or a fiscal (2)
so to act
EXC: An individual claiming to be entitled to a public office or position
usurped or unlawfully held or exercised by another, in which case, he
Who commences the action and why (Sec. 5)
must prove his entitlement or right to such office
(1) The OSG or a public prosecutor, when
a. Directed by the President or
Where action should be brought, if by private individual
b. Upon complaint or
(1) SC
c. When he has good reason to believe that any case
(2) CA
specified Sec. 1 can be established by proof

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(3) RTC exercising jurisdiction over the territorial where the b. This can be appealed (NOA or ROA), but that does
respondent resides not prevent the court from determining just
compensation later
(2) Determination of compensation, where
4. Judgment in quo warranto action a. Court shall appoint 3 competent and disinterested
persons as commissioners to ascertain and report
Judgment – when the respondent is found guilty, judgment shall be the just compensation of the property
rendered that the respondent be ouster and excluded therefrom; b. They shall file their report within 60 days from the
includes costs date of notification of appointment
c. Objections can be made within 10 days from filing
5. Rights of a person adjudged entitled d. Atter those 10 days or upon submission of
objections, the court after hearing (court actions)
to public office i. Can accept the report
ii. Set aside the report and appoint new
Rights of person entitled to public office commissioners
(1) Take upon himself the execution of the office iii. Accept in part reject in part
(2) Demand of the respondent all the books and the papers in the iv. Recommit to the commissioners
respondent’s custody or control appertaining to the office. If v. Make such order or judgment as shall
he refuses or neglects to, he may be punished for contempt. secure to the plaintiff the property
(3) Bring an action for damages against respondent sustained by essential to expropriate
him by reason of the usurpation e. This can be appealed (NOA) within 15 days from
(4) If QW is moot and academic, petitioner is still entitled to receipt of order
damages if injunction is violated
Elements of taking
(1) Expropriator must enter a private property
6. Limitations (2) Entrance must be for more than a momentary period
(3) Entry should be under warrant or color of legal authority
Limitation to file (4) Property must be devoted to public use or otherwise
GR: The action must be commenced within 1 year from date after the informally appropriated or injuriously affected
cause of such ouster, or the right of petition to hold such office arose (5) Utilization of the property for public use must be in such a way
EXC: as to oust the owner of the property, and deprive him of
(1) Laches does not attach, and failure to file QW does not beneficial enjoyment.
operate adversely against a dismissed government employee,
where it was the act of such official which contributed to delay
(2) When petitioner is the government (if you really believe that) 3. When plaintiff can immediately enter
into possession of the real property
I. Expropriation
Provisional entry of the government – can be done
Expropriation – process by which the power of eminent domain is carried (1) Upon filing of complaint or at any time, with due notice to the
out; taking of privately owned property by the government under defendant-owner
eminent domain (2) Petitioner must deposit with an authorized government
depositary an amount
a. Real property – Equivalent to the assessed value of
1. Matters to allege in complaint for the property for purposes of taxation
expropriation b. Personal property – fixed by the court
c. LGU – 15% of FMV
(3) Such deposit can be in the form of
Matters to allege in the complaint for expropriation – verified complaint
a. Money
(1) State with certainty the right and purpose of expropriation
b. A court authorized certificate of deposit to a
(2) Describe the real or personal property sought to be
government bank
expropriated
c. Bonds, in case of CARP
(3) Join as defendants all persons owning or claiming to won such
property, showing their separate interests
4. New system of immediate payment
2. Two stages in every action for of initial just compensation
expropriation
acquisition of right-of-way, site or location for any national government
infrastructure project through expropriation – upon the filing of the
Stages of expropriation
complaint, and after due notice to the defendant, the implementing
(1) Order of expropriation, where
agency shall immediately pay the owner of the property the amount
a. Court may issue the order of expropriation
equivalent to the sum of:
declaring the plaintiff to be legally entitled to take
(1) 100% of the value of the property based on the current
the property for public use upon payment of just
relevant zonal valuation of the BIR; and
compensation
(2) The value of the improvements and/or structures as
determined under Sec. 7, R.A. 8974.

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(4) But in no case shall the consequential benefits assessed

Negotiated sale
(1) A negotiated sale may be entered into instead of expropriation
proceedings.
(2) For negotiated sale, payment must be effected within 90 days
from submission of all documents and authorization of sale,
while for expropriation, it is 90 days from finality of the
decision rendered by the court.
5. Defenses and objections
Defenses and objections to expropriation – if the defendant has an
objection to the filing or the allegations in the complaint, or any objection
or defense to the taking of his property
(1) He shall serve his answer within the time stated in summons
(2) Such answer should
a. Designate the property which he claims to have an
interest
b. State the nature and extent of his interest
c. Adduce all objections (omnibus motion rule)
d. No counterclaim, crossclaim, or n-party complaint
allowed
(3) If he doesn’t raise it, such objection is waived
(4) However, the court may allow amendments not later than 10
days from filing thereof
In any case, during the determination of just compensation at trial, the
defendant may present evidence as to the amount of just compensation
exceed the consequential damages assessed, or the owner be
deprived of the actual value of his property so taken.
Commissioner’s report – Commissioners shall make a full and accurate
report to the court of all their proceedings; such proceedings shall be
ineffectual until the court accepts the same and renders judgment
Time to file – 60 days from date of notification of appointment, unless
otherwise provided by the court
Action of the court on the report
(1) Can accept the report
(2) Set aside the report and appoint new commissioners
(3) Accept in part reject in part
(4) Recommit to the commissioners
(5) Make such order or judgment as shall secure to the plaintiff
the property essential to expropriate
9. Rights of plaintiff upon judgment and
payment
Rights of plaintiff
(1) Right to enter upon the property, and to appropriate the same
for public use or
(2) To retain possession when it had provisionally

6. Order of expropriation 10. Effect of recording of judgment

Recording in the RD – vests title in the plaintiff, binds the whole world
Order of expropriation – forecloses any further objections to the right to
expropriate, including public purpose (but not just compensation)
J. Foreclosure of Real Estate Mortgage
7. Ascertainment of just compensation
Foreclosure – termination of all rights of the mortgagor in the property
Just compensation – full and fair equivalent of the property taken from its covered by mortgage; denotes the procedure adopted by the mortgagee
owner by the expropriator; must be paid in all cases of eminent domain to effect the same, and includes the sale itself
as required by the Constitution
1. Kinds of foreclosure
Determination of just compensation
GR: Determined at the date of taking or the commencement of the action, JUDICIAL (R68) EXTRAJUDICIAL (ACT NO. 3135)
whichever comes first
Complaint is filed with the courts No complaint is filed, no court
EXC:
intervention. Instead, it is
(1) Reckoning point can be the date of filing, under special
presented before the EJ.
circumstances, like when the government entered with stealth
GR: Only equity of redemption is GR: Right of redemption of 1 year
(2) Date of taking for inferior domain
given: 90-120 days after the from registration of sheriff’s
entry of judgment or any time certificate of sale
8. Appointment of commissioners; before confirmation of the sale EXC: In case of mortgagee-bank,
EXC: In case of mortgagee-bank, and a judicial mortgagor, period
commissioner’s report; court action redemption is within 1 year from is only until registration of
upon commissioner’s report registration of the certificate of certificate or 3 months from
sale (GBL) foreclosure, whichever is earlier
Appointment – upon rendition of the order of expropriation, the court Mortgagee can move for Mortgagee has to file for
shall appoint at most 3 commissioners, who are competent and deficiency judgment in the same deficiency judgment in separate
disinterested in the case, to ascertain and report to the court the JC action action, because there is no case
Purchaser becomes absolute Purchaser becomes absolute
Scope of powers of commissioner owner only after confirmation of owner only after finality of an
(1) Accept evidence that parties may introduce the sale action for consolidation of
(2) After notice to parties to attend, they must examine the ownership, and after redemption
property and its surroundings (ocular inspection) pd as lapsed without redemption
(3) Assess consequential damages to the property, and deduct Mortgagee does not need SPA to Mortgagee should be given SPA
from such the consequential benefits to be derived by owner foreclose to foreclose, and power is
conferred in the deed

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Posting, publication, and notice requirements

EXJ JF
2. Need for special power of attorney Posting 20 days in 3 public places in the city
Publication 1/wk for 3 weeks in 1/wk for 2 weeks in a
In case of extrajudicial foreclosure – the petition for extrajudicial
newspaper of general newspaper of general
foreclosure must be supported by evidence that the petitioners hold an
circulation circulation
SPA to foreclosure
Notice to GR: Not required Either notice 3 days
In case of judicial foreclosure – no need
the debtor EXC: Stipulation before sale; OR the
debtor is impleaded
3. Authority to foreclose extrajudicially
Lack of notice to junior
Authority – authority to foreclosure should be stipulated in the REM encumbrancer makes the
contract for there to be xjf sale invalid to them

4. Procedure d. Publication requirement

Contents of the complaint
i. Sufficiency of newspaper
(1) Date and due execution of the REM publication
(2) Its assignments if any
(3) Names and residences of the parties Newspaper – NPGC; it is enough that
(4) Description of the property (1) It is published for dissemination of local news and general
(5) Statement of the date of the documentary evidence of the information
obligation secured by such REM (2) It has a bona fide subscription list of paying subscribers, and
(6) Names and residences of persons claiming an interest (3) It is published at regular intervals
subordinate to that of the mortgagee (4) It is available to the public in general, and not just a select few
by the publisher
Defendants in judicial foreclosure, who must be impleaded
(1) Persons obliged to pay the mortgage debt
(2) Persons who own, occupy, control the premises ii. Need for republication in
(3) Transferee or grantee of the property case of postponement
(4) Junior encumbrancer, if filed by first redemptioner; first
mortgagee, if filed by a junior encumbrances Republication – if the foreclosure sale does not push through as
(5) Mortgagor, even if not the owner scheduled, there is need for republication and re-posting of the notice

a. Where to file iii. Personal notice to the

Where to file – in the proper court which has jurisdiction over the area of mortgagor when and
the real property or a portion thereof is situated when not needed
Judgement of foreclosure – if court finds that the matters set forth in the In extrajudicial foreclosure – personal notice to the mortgagor is not
complaint are true, it shall render judgment containing the ff: necessary unless the parties agree.
(1) Ascertainment of the due on the obligation with interests and
other charges as approved by the court In judicial foreclosure – notice must be either 3 days before the sale, or
(2) Judgment of the sum found due by impleading the debtor
(3) Order that the sum be paid by defendant within a period of
90<n<120 days from entry of judgment (equity of redemption
period, first part) 5. Possession by purchaser of
Judicial foreclosure sale – if the defendant does not play within the period
foreclosed property
provided in the order, sale will proceed in accordance with Rule 39
Right to possession in extrajudicial foreclosure – a purchaser of foreclosed
property has the right to possession during the following periods
b. Where to sell (1) After the redemption period, when there is no such
redemption
Place of judicial foreclosure (2) Even before the lapse of the redemption period, provided
GR: Where the parties agree a. They furnish a bond equivalent to the use of the
EXC: If there is none, it shall be held in the office of the Clerk of Court of property for a period of 12 months, to indemnify
the RTC/MTC that issued the order the debtor in case it be shown that the sale was
made without violating the mortgage
Place of extrajudicial foreclosure – only within the province where the b. Petition shall be made under oath
property is, at the municipal building of such province c. Upon approval of the bond, the court issues a writ
of possession

c. Posting requirement

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 REMEDIAL LAW

Right to possession in judicial foreclosure – attaches as soon as the finality whichever

of the confirmation of the sale is earlier

d. Effect of pendency of action for

6. Remedy of debtor if foreclosure is not annulment of sale
proper
The pendency of a suit for annulment of the foreclosure proceedings does
If aggrieved by the foreclosure not defeat the right of the purchaser to a writ of possession to which the
(1) A separate action for annulment of sale, on the ground of purchaser becomes entitled to as a matter of right.
a. Fraud
b. Unfair sale
c. Grossly inadequate price 8. Writ of possession
(2) In the same action during the motion for confirmation of the
sale, debtor can contest propriety Writ of possession – means of recognizing and enforcing the rights of the
purchaser, since the confirmation of the foreclosure sale operates to
divest all parties to the action of their rights, and vests the same on the
Remedy against the debtor if he does not want to surrender – civil action purchaser at the auction.
for recovery
a. Ministerial duty of the court
7. Redemption
Duty of the court to issue writ of possession
a. Who may redeem GR: Ministerial duty when there is a right to possession (see above)
EXC: It is not ministerial in the following
Who may redeem (1) Gross inadequacy of price
(1) Mortgagor-debtor (2) There is a third party in possession of the property, who has a
(2) Persons with subordinate interests claim adverse to the mortgagor
a. Before foreclosure – a junior encumbrancer, with (3) Failure to pay surplus proceeds of the sale to the mortgagor
an equity of redemption (4) Mortgaged property is under a lease
b. After foreclosure – Any person having a lien on the (5) Mortgagor refuses to surrender the property
property after mortgage may redeem the same at
any time within a period of one year from
registration of sale b. Enforcement against third parties
Remedy of 3P – the trial court should conduct a hearing to determine the
b. Amount of redemption price nature of the adverse possession

Valid redemption for non-banks

(1) Redemption made within 1 year from the date of registration c. Pendency of action for annulment
of certificate of sale of sale
(2) Payment of the
a. Purchase price
A pending suit for annulment of the mortgage or annulment of the
b. 1% per annum
foreclosure proceedings does not defeat the right of the purchaser to a
c. Taxes
writ of possession to which the purchaser is entitled to as a matter of
Computed from the date of registration up to time of redemption
right. An injunction to prohibit the issuance or enforcement of the writ is
(3) Written notice of redemption to the officer who made the sale
entirely out of place.
(4) Tender of payment of the full amount

For banks – amount is only what is stipulated in the REM contract 9. Annulment of sale
Judicial foreclosure – debtor is allowed the opportunity to show why the
c. Period for redemption sale should not be confirmed during the hearing on the motion to confirm
the sale
JUDICIAL EXTRAJUDICIAL
Non-bank Bank Non-bank Bank Extrajudicial foreclosure - The debtor may, in the proceedings in which
Right of possession was requested, but not later than 30 days after the purchaser
Nat- Equity of
Equity of redemption was given possession, petition that the sale be set aside and the writ of
ural redemption
redemption supra possession cancelled, specifying the damages suffered by him, because
supra
90 < n < 120 Until the mortgage was not violated or the sale was not made in accordance
days from registration with the provisions hereof.
Right of Right of
entry of of the
redemption redemption
judgment; certificate
Juri- 1 year from supra
dicial registration
of sale, or K. Partition
Any time three
of sheriff’s
before the months Partition – separation, division, and assignment of property held in
certificate
confirmation from common among co-owners in proportion to their respective interests in
of sale
of the sale foreclosure, the said property.

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 REMEDIAL LAW
1. Who may file complaint; who should
be made defendants
Plaintiff – the person who has the right to compel the partition of the
estate or property
Defendant – the other co-owners of the disputed property; indispensable
parties to the action; follows rules on misjoinder
2. Matters to allege in the complaint
Contents of the complaint
(1) Nature and extent of the petitioner’s title
(2) Adequate description of the real estate of which partition is
demanded
(3) A demand for accounting of the rents, profits, and other
income from the property which he may be entitled to
(4) Pleading all other co-owners
3. Two stages in partition
4. Order of partition and partition by
agreement
Phases of partition
(1) First phase: The trial court, after determining that a co-
ownership in fact exists and that partition is proper, issues an
order for partition; at this stage:
a. Determination of whether or not a co-ownership in
fact exists, (i.e., not otherwise legally proscribed)
b. May be made by voluntary agreement of all the
parties interested in the property.
c. May end with a declaration either that the plaintiff
is not entitled to have a partition or that a co-
ownership exists and partition is proper
d. Can be appealed (ROA)
(2) Second phase
a. The trial court promulgates a decision confirming
the sketch and subdivision of the properties
submitted by the parties (if the parties reach an
agreement)
b. If the parties don’t agree, then the court should
appoint commissioners
i. Commences when it appears that "the
parties are unable to agree upon the
partition" directed by the court.
ii. In that event, partition shall be done for
the parties by the court with the
assistance of not more than 3
commissioners.
5. Partition by commissioners;
appointment of commissioners;
commissioner’s report; court action
upon commissioner’s report
Partition by commissioners; appointment of commissioners – if the parties
are unable to agree upon the partition, the court shall appoint not more
than 3 competent and disinterested persons to make the partition
MDB 51 2021
Duties of the commissioner
(1) They must take an oath before assuming duties
(2) They shall view and examine the real estate after due notice
to the parties to attend the inspection
(3) They shall hear the parties as to their preference in the
portions of the property
(4) They shall set apart the same to the parties in lots or parcels
as will be most advantageous and equitable, considering
improvements, situation and quality
(5) When the property cannot be divided as found by
commissioners – the court can just give it to one party and
have him pay the others the value of their shares
Commissioner’s report – commissioners shall submit a report; parties will
have 10 days from notice of receipt thereof to object thereto
Action of the court on the commissioner’s report – must be made after
an objection has been filed or after the 10-day period expires
(1) Accept the report and render judgment
(2) Recommit the same to the commissioners
(3) Set aside the report and appoint new commissioners
(4) Accept in part or reject in part
(5) Make such order and render such judgment as shall effectuate
a fair and just partition of the real estate, or of its value, if
assigned or sold as above provided, between the several
owners thereof.
6. Judgment and its effects
Judgments and its effects
(1) If actual partition is made
a. The judgment shall state definitely, by metes and
bounds and adequate description, the particular
portion of the real estate assigned to each party
b. Effect: Vest in each property in severalty the
portion assigned to him
(2) If the whole party is assigned to one party subject to
reimbursement
a. Judgment shall state the fact of such payment, and
of the assignment of the real estate to the party
making payment
b. Effect: Vest in the party making payment the whole
of the estate free from interest of the other parties
(3) If the property is sold and the sale confirmed by the court
a. The judgment shall state the name of the
purchaser or purchasers, and a definite description
of the parcels of real estate sold to each purchaser
b. Effect: vest the real estate in the purchase, free
from claims of the parties to the action
(4) Registration in the RD
7. Partition of personal property
Provisions above apply also to partitions of personal property
8. Prescription of action
9. When partition is not allowed
When to file
GR: Any time; NCC provides that no co-owner is obliged to remain in the
co-ownership; thus the right is imprescriptible
EXC:
 REMEDIAL LAW

(1) If a co-owner asserts adverse title to the property, in which (6) When the condition imposed upon voluntary heirs before they
case the period of prescription runs from such time of can demand partition has not yet been fulfilled
assertion of adverse title;
(2) Existence of an agreement among co-owners to retain the
property undivided for not exceeding ten (10) years L. Forcible Entry and Unlawful Detainer
(3) When co-owners are prohibited by the donor or testator for a
period not exceeding twenty (20) years
1. Definitions and distinction
(4) When partition is prohibited by law
(5) When the property is NOT subject to a physical division and to
do so would render it unserviceable for the use which it is
unintended;

FORCIBLE ENTRY UNLAWFUL DETAINER

A person deprived of the possession of any land or building by A lessor, vendor, vendee, or other person against whom the
(1) Force possession of any land or building is unlawfully withheld after the
WHO MAY (2) Intimidation expiration or termination of the right to hold possession by
INSTITUTE (3) Threat virtue of contract, express or implied – or his legal
(4) Strategy representatives and assigns
(5) Stealth
WHEN TO FILE Any time within one year from such unlawful deprivation or withholding of possession
WHERE TO FILE First-level court having territorial jurisdiction over the property
AGAINST WHOM The person or persons unlawfully withholding or depriving possession, or any person or persons claiming under them
PRAYER Restitution of such possession, with damages and costs
(1) The plaintiff must allege prior physical possession of (1) The defendant's initial possession of the property
the property; was lawful, either by contract with or by tolerance of
(2) The plaintiff was deprived of possession by force, the plaintiff;
intimidation, threat, strategy or stealth; and (2) Such possession became illegal upon the plaintiffs
(3) The action must be filed within one (1) year from the notice to the defendant of the termination of the
REQUISITES,
date of actual entry on the land, except that when the latter's right of possession;
THEREFORE
entry is through stealth, the one year period is (3) The defendant remained in possession and deprived
counted from the time the plaintiff-owner or legal the plaintiff of the enjoyment of the property; and
possessor learned of the deprivation of the physical (4) The plaintiff instituted the complaint for ejectment
possession of the property. within one (1) year from the last demand to vacate
the property.
Lessor’s actions shall be commenced only after demand
(1) To pay or to comply with the conditions of the lease
(2) To vacate
AND that lessee fails to comply after 15 days in case of land, and
5 days if building
SPECIAL
REQUISITE How demand made
(1) Oral?
(2) Serving written notice of such demand upon the
person found on the premises
(3) Posting such notice on the premises if no person shall
be found thereon

2. Distinguish: forcible entry, unlawful 4. Pleadings allowed

detainer, accion publiciana, and Pleading allowed
accion reivindicatoria (1) Complaint
(2) Compulsory counterclaim
3. Jurisdiction in accion publiciana and (3) Cross-claim
accion reivindicatoria (4) Answers thereto
All verified
INTERDICTAL PUBLICIANA REIVINDICATORIA
Recovery of physical Plenary action for Action for recovery 5. Action on the complaint
possession, where the recovery of the of ownership, and
the dispossession real right of necessarily, Action on the complaint
has not lasted more possession, when possession (1) Dismiss the case outright on grounds for MTD
than 1 year the dispossession (2) If none is found, issuance of summons
has lasted more than
1 year
First-level courts Depends on value

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 REMEDIAL LAW

Staying execution – generally, execution of ejectment is immediately

6. When demand is necessary executory against the defendant, and cannot be stayed unless
(1) Appeal is perfected
Demand in unlawful detainer – two-fold
(2) Filing of supersedeas bond for rents, damages, and costs
(1) Pay and vacate, or
accruing down to the time of the judgment appealed from and
(2) To comply with the conditions of the lease and vacate
(3) Deposit periodically with the RTC, during pendency of appeal,
the adjudged amount of rent under the contract as
Effect of non-compliance – lessor may proceed against the lessee if the
determined in the judgment of the MTC; if none, value of the
demand is not complied after 15 days in case of land, 5 days if building
use and occupation of the premises
When demand in unlawful detainer is not needed
Immediately executory in the court of origin – a judgment is only
(1) The purpose of the action is to terminate the lease because of
immediately executory if it is against the defendant; if the judgment is in
expiry of term and not because of failure to pay rentals;
his favor, it is not immediately executory, and the 15-day reglementary
(2) Purpose of suit is not for ejectment but for enforcement of
period must lapse.
terms of contract; or
(3) When the defendant is not a tenant but a mere intruder. In
Immediately executory in the RTC - The judgment of the RTC against the
which case it is forcible entry, which does not require prior
defendant shall be immediately executory, without prejudice to a further
demand.
appeal that may be taken therefrom; this cannot be stayed.

7. Preliminary injunction and

preliminary mandatory injunction 10. Prohibited pleadings and motions
PI – the court may grant PI to prevent the defendant from committing Prohibited pleadings and motions
further acts of dispossession against the plaintiff (1) Motion to dismiss the complaint except on the ground of lack
of jurisdiction over the subject matter, or failure to comply with
When to file – a possessor deprived of his possession through forcible Section 12 (condition precedent);
entry or unlawful detainer may, within 5 days from filing of complaint, (2) Motion for a bill of particulars;
present a motion for issuance of WPI to restore him of possession. (3) Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial;
Decision of the court – must be within 30 days from filing (4) Petition for relief from judgment;
(5) Motion for extension of time to file pleadings, affidavits or any
other paper;
8. Resolving defense of ownership (6) Memoranda;
(7) Petition for certiorari, mandamus, or prohibition against any
Action of the court when ownership is raised as defense – court may interlocutory order issued by the court;
resolve the issue, provided (8) Motion to declare the defendant in default;
(1) The issue of possession cannot be resolved without first (9) Dilatory motions for postponement;
resolving the issue of ownership and (10) Reply;
(2) The issue of ownership shall be resolved onto to determine (11) Third-party complaints;
possession; no res judicata effect (12) Interventions.

9. How to stay the immediate execution M. Contempt

of judgment

DIRECT CONTEMPT INDIRECT CONTEMPT

(1) Guilty of misbehavior in the presence of or so near a (1) Misbehavior of an officer of a court in the performance
court as to obstruct to interrupt proceedings before the of his official duties or in his official transactions;
same (2) Disobedience of or resistance to a lawful writ, process,
(2) Disrespect towards the court order, judgment, or command of a court, or injunction
(3) Offensive personalities granted by a court or a judge;
(4) Refusal to be sworn (3) Any abuse or any unlawful interference with the process
(5) Refusal to answer as witness or proceedings of a court not constituting direct
(6) Refusal to subscribe when lawfully required to do so contempt; or
GROUNDS (4) Any improper conduct tending directly or indirectly to
impede, obstruct or degrade the administration of
justice
(5) Assuming to be an attorney or an officer of a court, and
acting as such without authority
(6) Failure to obey a subpoena duly served
(7) The rescue or attempted rescue of a person or property
in the custody of an officer by virtue of an order or
process of a court held by him

MDB 53 2021
 REMEDIAL LAW

PROCEDURE Summary Full blown hearing, upon filing of a charge or motu proprio
METED BY Such court so disturbed The court who issued the order that was defied
Done motu proprio by the court so disturbed If against an RTC or court of higher rank, or officer of such court –
WHERE file with such court
FILED Lower court – RTC of the place in which the lower court is sitting; or
the lower court subject to appeal to the former RTC
If RTC or court of equivalent or higher rank – Fine not exceeding If RTC or court of higher rank – Fine of 30,000 pesos or
2,000 or imprisonment not exceeding 10 days, or both imprisonment not exceeding 6 months, or both
If lower court – Fine not exceeding 200 or imprisonment not If lower court – Fine not exceeding 5,000 pesos or imprisonment
exceeding 1 day or both not exceeding 1 month, or both
PENALTY
Could be ordered to make complete restitution to the injured party.
However, note that if the act is refusal to do something, the person
may be imprisoned by order of the court concerned until he
performs it
Only certiorari or prohibition, in which case execution of judgment May be appealed like in criminal cases.
will be suspended until resolution provided that the person files a
REMEDY
bond conditioned that he will abide by and perform the judgment Execution of the judgment will not be suspended unless a bond is
should the petition be decided against him filed.

Residence – actual and physical residence, proven by

1. Contempt against quasi-judicial
bodies
Application of this Rule – applies to contempt committed against persons,
entities, bodies, or agencies exercising QJ functions, or shall have
suppletory effect to such rules as may have been adopted by such
tribunals; such citations of contempt shall be fled in the RTC where the
contempt was committed
SPECIAL PROCEEDINGS
Special proceedings – a remedy brought by a party who seeks to establish
a status, right, or particular fact
A. Settlement of Estate of Deceased
Persons, Venue, and Process
Nature of the settlement of estate – intended to settle the entire estate
of the deceased; a proceeding in rem
1. Which court has jurisdiction
Determination of jurisdiction – gross value of the estate
(1) Metro Manila – RTC if it exceeds 400k; first-level if it does not
(2) Outside MM – RTC if it exceed 300k, first-level if it does not
Preferential jurisdiction of the probate court
GR: The court first taking cognizance of the settlement of the estate of
the decedent shall exercise jurisdiction to the exclusion of all other courts
EXC: Such court may, upon learning that a petition for probate of a
decedent’s will has been presented in another court, decline to take
cognizance of the petition and refer it to the second court
2. Venue in judicial settlement of estate
Venue of settlement
Philippine Decedent’s place of residence at the time of death
resident
Not Philippine In any place where any of the decedent’s properties
resident are located
(1) Death certificate
(2) Residence certificate
(3) Marketing agreement and power of attorney
(4) Deed of donation with residence indicated
(5) Certificates of title
Objections to venue
GR: Once the court assumes jurisdiction by taking cognizance of the case,
it cannot be contested so far as venue is concerned
EXC:
(1) In an appeal from the court, in the original case
(2) When want of jurisdiction appears on the record
EXC to EXC: When it is waived.
3. Extent of jurisdiction of probate court
Extent of jurisdiction – limited only to administration, liquidation, and
distribution of the estate, and matters incidental thereto; includes the
following matters which the court may adjudicate on
(1) Determination of heirs, and status as heirs
(2) Make a just and legal distribution of the estate
(3) Rule on recognition of a natural child
(4) Rule on the status of a woman as legal wife
(5) Approve the sale of properties by heirs before final
adjudication
(6) Determine the legality of an heir by the testator
(7) Pass upon the validity of a waiver of hereditary rights
(8) Determine whether property in the inventory is CPG or
paraphernal
(9) Determine whether property should be included in the estate,
provisionally and without prejudice to a separate action for
that purpose
Adjudication on title of properties
GR: Not within the jurisdiction of the estate court; it must be settled in
the regular courts
EXC: Only provisionally and without prejudice, provided (requisites)
(1) Interest parties all appear in the proceeding
(2) All parties consent to such jurisdiction
(3) Question is one of collation or advancement to see if the
property is included in the inventory
(4) Right of 3P are not impaired

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 REMEDIAL LAW

4. Powers and duties of probate court 2. Two-year prescriptive period

Powers and duties of the probate court Assailing the validity of the extrajudicial settlement – for heirs or
(1) Orders the probate of the will of the decedent interested persons who were able to participate in the xjs, they have 2
(2) Grants letters of administration of the party best entitled years after settlement and distribution to assail the validity; remedy:
thereto or to any qualified applicant compel the heirs to settle the estate in court
(3) Supervises and controls all acts of administration; hears and
approves claims against the estate of the deceased On whom 2-year period to assail applies – those heirs or interested
(4) Orders payment of lawful debts persons who
(5) Authorizes sale, mortgage or any encumbrance of real estate (1) Participated
(6) Directs the delivery of the estate to those entitled thereto (2) Had notice of the xjs before the fact
(7) Issues warrants and processes necessary to compel the Thus if the heirs were not able to participate and there was no notice on
attendance of witnesses or to carry into effect their orders and them (publication before the fact), they can assail the validity of the xjs
judgments, and all other powers granted them by law beyond the 2-year period
(8) If a person defies a probate order, it may issue a warrant for
the apprehension and imprisonment of such person until he Disputable presumption of no debts – different from the two-year period
performs such order or judgment, or is released to assail; there is a disputable presumption that the decedent left no
debts if no creditor files a petition for LOA within 2 years from the death
Declaration of presumptive death of the decedent.
Absentee disappeared GR: 7 years.
below 75yo EXC: For succession, 10 years. Period for minors, incompetents, prisoners, and those outside the PH –
Absentee disappeared GR: 7 years. they may present their claim within 1 year after disability is removed
above 75yo EXC: For succession, 5 years.
Absentee disappeared 4 years
under dangerous
3. Affidavit of self-adjudication by sole
circumstances heir
GR: XJS shall be done by means of public instrument filed with the RD
B. Summary Settlement of Estates EXC: If there is only one heir, he may adjudicate to himself the entire
estate by means of affidavit, filed with RD
Summary settlement of estates
GR: Estate should be judicially administered through an E/A
EXC: 4. Summary settlement of estates of
(1) Extrajudicial settlement by agreement between heirs small value, when allowed
(2) Summary settlement of estates of small value
Summary settlement – unlike XJS, this still has to go to court, but at least
1. Extrajudicial settlement by the proceeding is summary in nature

agreement between heirs, when Requisites

allowed (1) The petition must allege that the gross value of the estate does
not exceed 10,000
Requisites (2) Filing of a bond as fixed by the court
(1) Decedent left no will or without a valid will (3) Publication in NPGC in the province 1x3
(2) Decedent had no debts (4) Notice to all interested parties
(3) All heirs are of legal age, or if minors, are represented (5) Hearing is conducted – summary in nature
(4) Procedural a. Must be held 1<n<3 months from date of
a. Done in the ways outlined below publication
b. Publication before the fact, in order to bind the b. Third persons cannot claim title and ownership
world (heirs or creditors) against the decedent. Such claim must be brought
c. Bond equivalent to the value of the personal in an independent action.
property, posted with RD
Initiated by
How done, ways (1) Heirs
(1) By means of public instrument, when agreed upon by heirs (2) Creditors
(even private; publicity binds the world though (publication (3) Other interested persons
after the fact))
(2) By affidavit of self-adjudication, when sole heir
(3) By ordinary action of partition, when there is disagreement

On whom binding – Persons who did not particulate nor had notice of the
xjs (before the fact) would not be bound thereby; thus to bind the world,
there must be publication before the fact

MDB 55 2021
 REMEDIAL LAW

Who may petition for probate

5. Remedies of aggrieved parties (1) Executor
(2) Devisee/legatee named in the will
Summary of remedies
(3) Testator himself during his lifetime
AVAILABLE TO GROUND REMEDY; PERIOD
(4) Any creditor, as a preparatory step for filing a claim
Heirs and interested Exclusion from Compel heirs to go (5) Any person interested in the estate
persons who participation or to court to settle – 2
participated in xjs notice or existence years from Procedure
of debts settlement and (1) Court sets a time and place for hearing, where all concerned
distribution may appear, to contes the will
Heir or interested Reconveyance or annulment of xjs, grounds (2) Notice of hearing must be published (publication before the
person who was not (1) Fraud – 4 years from discovery fact), 3 weeks in NPGC
informed and did not (2) Constructive trust – 10 years from (3) Personal notice to known HLD executors, with known
participate repudiation of trust addresses in the ff time periods
a. If by deposit to post office – 20 days before hearing
When reconveyance is impressible b. If personal – 10 days before hearing
(1) When aggrieved heir is in (4) For ante-mortem probates
possession of the property a. No need for publication
(2) When an IPV is in possession of b. Notice is only to compulsory heirs
the property
(3) Express trust was created
Creditor who was Remedies D. Allowance or Disallowance of Will
not informed and did (1) Petition for LOA in his favor – 2
not participate years from death of the decedent Requisites of a notarial will
(2) Subject to properties to a lien for (1) Subscription requirements; can be customary signature even
a period of 2 years if it’s a symbol or thumbprint
(3) Sue distributees separately, even a. Subscribed by
beyond the 2-year period i. The testator
ii. Testator’s agent in his presence, but his
express direction (who will sign the
C. Production and Probate of Will testator’s name; no need to put his
1. Nature of probate proceeding own)
b. In the presence of witnesses
c. The end of the will
Nature of probate proceedings – proceeding in rem because of the
(2) Attested and subscribed (Nera doctrine)
publication of the petition for probate; settles all questions concerning
a. By at least 3 credible witnesses
the capacity of the testator and the proper execution (and witnessing) of
b. In the presence of the testator
his last will and testament (extrinsic validity)
c. In the presence of one another
(3) Subscriber must sign every page (strict), except the last, on the
When there’s a will, there’s a probate – no will shall pass either real or
left margin (not strict; can be anywhere), in the presence of
personal property unless proved and allowed in accordance with Rules
witnesses
(4) The witnesses must sign every page, except the last, on the left
Prescriptive period – probate of will is imprescriptible
margin, in the presence of the testator and of one another
(5) All pages must be numbered correlatively in letters on the
Extent of jurisdiction of the probate court
upper part of the page, can be in numbers also (not a strict
GR: Limited only to extrinsic validity, due execution, testamentary
requirement)
capacity, and compliance with formal requisites
(6) Attestation clause (need not be signed by testator; only by
EXC: Intrinsic validity may be passed on when its invalidity is patent on the
witnesses because they were the ones who “attested” i.e.
face of the will
witnessed)
2. Who may petition for probate; a. Number of pages in the will
b. Fact that the subscriber signed the will (in the end)
persons entitled to notice and every page thereof, in the presence of
witnesses
Production of the will – by the following persons, within the time periods c. Fact that the witnesses witnessed and signed the
Custodian – such person Within 20 days from knowledge of the will, and every page thereof, in the presence of the
who knows that what he testator’s death, he must deliver the will testator and of one another
has, or should have to either the clerk of court in the place (7) Acknowledgment before the notary who is not one of the
known that what he has, where decedent last resided, or to the three witnesses (so he can be the fourth witness)
is, in fact, a will. executor (if one is appointed in the will)
Executor – person Within 20 days from knowledge of the Special requirements for PWD testators
designated by the testator’s death or knowledge that he (1) Deaf/Deaf-mute testator/Illiterate
testator in the will has been named as testator, he must a. If able to read – read the will personally
present the will to the court unless the b. If not – designate 2 persons to read the will and
will has reached the court in another communicate to him in some practicable manner
manner (like through the custodian) the contents

MDB 56 2021
 REMEDIAL LAW

(2) Blind – read to him once by subscribing witnesses, another (5) Signature of the testator was procured by fraud or trick, and
time by the notary he did not intent that the instrument should be his will, at the
time of fixing his signature
Holographic wills, requisites
(1) Entirely handwritten by the testator
(2) Dated by the testator; format of the date is not fatal; can be 3. Reprobate; requisites before will
anywhere in the will (even in the body) proved outside allowed in the
(3) Signed by him
(4) Additional dispositions – must be dated and signed by the Philippines; effects of probate
testator; rules
a. Signature, date on each additional disposition or Reprobate – when a will is probated in another country, there may be
b. Each additional signed and undated, but the last reprobate in the Philippines
should be signed and dated to count everything
that came before it Where to file – RTC
c. Dated but not signed – only the last disposition that
is dated and signed is valid Requisites before will proved abroad may be re-probated
(5) Rules for insertions, alterations (1) The testator had his domicile in a foreign country
a. If made by the testator while making the will, he (2) The will has been admitted to probate in such country – due
needs to fully countersign execution of the will in accordance with foreign laws
b. The whole will is void if there is only one (3) The fact that the foreign tribunal is a probate court with
disposition, and it is unauthenticated jurisdiction over the proceedings
c. The whole will is void if the alteration is on a (4) The law on probate procedure of the said foreign country and
signature or date proof of compliance therewith
(5) The legal requirements in said foreign country for the valid
Number of testimonies needed execution of the will
UNCONTESTED CONTESTED
Effects of successful reprobate
One witness only All subscribing witnesses;
(1) Issue LT or LOA with will annexed
notary; other witnesses if
ATTESTED (2) Letters extend only to properties in the PH
the witnesses are insane,
(3) Estate shall be disposed following the will, after the debts and
dead, or not in the PH
expenses for administration have been paid
At least one witness who At least three witnesses
(4) Any residue shall be disposed of as provided for estate in the
knows the handwriting of who do the same as those
PH belonging to persons who do not reside in the country
the testator, and explicitly in uncontested; if none,
HOLO-
declares that the will is expert witness if the court
GRAPHIC
executed by testator finds necessary E. LT and LOA
If none, expert witness, if
court finds it necessary 1. When and to whom LOA/LT granted
ANTE- Affirmation of the Burden of disproving is on
MORTEM testator, and his signature the contestant LT – authority issued to an executor named in the will, when a will has
been proved and allowed, and the person named is competent, accepts
the trust and gives a bond
1. Contents of petition
LOA – authority issued by the court to a competent person (administrator)
Contents in the petition for allowance (1) When decedent died intestate
(1) Jurisdictional facts (2) When decedent had will, but it did not appoint executor
a. Testator’s death (3) When decedent had will, but it was not allowed
b. Testator’s residence at the time of death (4) Executor named in the will is incompetent, refuses the trust,
c. Place where he left estate, if non-resident or fails to give a bond (LOA with will annexed)
d. That the will has been delivered to the court, and
is in its possession; if not, state EXECUTOR ADMINISTRATOR
e. Value of estate, to determine jurisdiction Person nominated by a testator Person appointed by the court to
(2) Names, ages, residences of HLD in his will to carry out his administer and settle the estate
(3) Probable value and character of the property in estate direction and request thereof,
(4) Name of person to whom LT shall be issued and to dispose of the property
(5) Name of person who has custody of will if not yet with court according to the provisions of
the will
2. Grounds for disallowing a will Appointed by testator Appointed by court
Within 20 days after knowledge No such obligation
Grounds for disallowance of will of the testator’s death, or after
(1) Not executed and attested in accordance with the law he learns he’s an executor, must
(2) Testator was insane, or otherwise mentally incapable to make deliver the will
a will at the time of its execution GR: Needs a bond Always bond
(3) It was executed under duress, influence of fear, or threats EXC: Testator provides
(4) It was procured by undue influence or pressure on the part of Compensation if there is such Fixed by the rules.
the beneficiary, or of some other person for his benefit provided in the will.

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 REMEDIAL LAW
Qualifications of the E/A
(1) At least 18
(2) Resident in the PH
(3) Person is fit, and does not have
a. Drunkenness that would impair sound judgment
and reason, that would affect integrity and honesty
b. Improvidence, that would lead to failure to meet
responsibilities to manage and preserve the estate
c. Want of understanding and integrity, to know the
nature and functions as E/A
d. Conviction of offense involving moral turpitude
2. Order of preference
Order of preference for granting LOA
(1) Surviving spouse
(2) Next of kin
(3) Both, in the discretion of the court
(4) Such person as the abovementioned requests to be
appointed, as long as competent and willing to serve
(5) If SS, kin, or their nominee is incompetent, unwilling, or
neglects for 30 days after death to apply for LOA – a principal
creditor, as long as willing and competent
Permissive nature of the preference – the Court has said in the past that
the LOA can be granted to any person or any other application even if
there are other competent persons with a better right if such persons fail
to appear when notified and claim the LOA themselves.
Who filed for LOA (not always preferred) – any interested person
3. Opposition to issuance of letters
testamentary; simultaneous filing of
petition for administration
Grounds to oppose or contest
(1) LT
a. Incompetence
b. Refusal of trust
c. Failure to give bond
(2) LOA
a. Incompetence
b. Preferential right under the order of preference
Who files opposition or contest – interest party
Effect of meritorious opposition or contest – LOA with will annexed, will
issue after notice and hearing
4. Powers and duties of executors and
administrators; restrictions on the
powers
Powers and duties of administrators
(1) To have access to, and examine and take copies of books and
papers relating to the partnership in case of a deceased
partner;
(2) To examine and make invoices of the property belonging to
the partnership in case of a deceased partner;
(3) To make improvements on the properties under
administration with the necessary court approval, except for
necessary repairs;
MDB 58 2021
(4) To maintain in tenantable repair the houses and other
structures and fences and to deliver the same in such repair to
the heirs or devisees when directed to do so by the court;
(5) To possess and manage the estate when necessary for (a) the
payment of debts and (b) the payment of expenses of
administration;
(6) Give allowance to legitimate surviving spouse or children of
the decedent if the court decrees
As against a bond they must pay
(7) Make a true inventory and appraisal of all real/personal
property of decedent within three (3) months after his
appointment (except clothes of family, marriage bed, and
other articles for subsistence of family).
(8) Render an account of his administration within one (1) year
from the time of receiving letters testamentary or of
administration and he shall render such further accounts as
the courts may require until the estate is wholly settled;
(9) Administer and liquidate the estate in accordance with the
rules, and the will of the testator (if there is a will)
(10) Pay and discharge all debts, legacies, and charges on the
properties, or dividends, as shall be decreed by the court
(11) Any other orders of the court
Accountability of E/A – an E/A is accountable for the whole estate of the
decedent which has come to his possession, in the following instances
(1) If he uses or occupies any part of the real estate himself
(2) If he neglects or reasonably delays to raise money by collecting
the debts or selling the property of the deceased, or neglects
to pay over the money he has in his hands. Result must be that
the value of the estate is lessened, or unnecessary cost or
interest accrues or persons interested suffer losses.
Expenses and fees allowed
(1) E/A is allowed to make necessary expenses, which must be
used in the care, management, and settlement of the estate.
(2) He is entitled to possess and manage the estate, as long as it
is necessary for the payment of debts and expenses of the
administration.
(3) His very compensation is an expense
Instances that need notice to interested parties in acts of E/A
(1) Before an account of an E/A is allowed
(2) In the petition to authorize E/A to sell personal estate, or to
sell, mortgage, or otherwise encumber real estate
(3) In a hearing for application of an order for distribution of the
estate residue
5. Appointment of special administrator
Special administrator – an officer of the court, with the goal of smooth
administration and speedy settlement of an estate; only temporary in
nature, to preserve an estate until it can pass on to a person fully
authorized (regular administrator)
When appointed
(1) When there is delay in granting letters testamentary or of
administration, due to any cause
(2) When the executor or the administrator is a claimant against
the same estate he represents. In such a case, the SA can only
administer the portion over which the E/A has a claim
With hearing and notification to all known heirs and other interested
parties (through publication)
Order of preference – does not apply to SA
 REMEDIAL LAW
Powers and duties of the SA
(1) Possession and charge of the decedent’s estate
(2) Preservation of the decedent’s estate
(3) Commencement and maintenance of suits as administrator
(4) Sale only of perishable property with court order
(5) Payment of the debts, if ordered by the court
(6) Prepare and return a true inventory that may come into his
possession or knowledge
(7) Render an accounting of the estate he received
(8) Deliver to the person appointed as E/A
As against a bond they must pay
(9) Make an inventory of property which come into his possession
or knowledge (no prescription of 3 months)
(10) Render an accounting of the estate that were received by him,
when required by the court (no prescription of 1 year)
(11) Deliver the estate to the RA/E
When SA is relieved from duty – when LT/LOA is granted
6. Grounds for removal of E/A
Grounds for removal of E/A (not exclusive)
(1) Neglect to render accounting, and settle the estate according
to law
(2) Neglect to perform an order or judgment of the court, or a
judge expressly provided by the Rules
(3) Absconds
(4) Becomes insane, or otherwise incapable or unstable to
discharge trust
(5) Disbursal of funds without judicial approval
(6) False representation in securing appointment
(7) Adverse interest in the estate
(8) Conduct showing unfitness to discharge trust
(9) Administrator has physical inability and consequent
unsuitability to manage the estate
(10) Resignation
Consequences of removal
(1) The court gets a co-executor or co-administrator to assume
the whole job. If there was only one, then the court will get a
new suitable person.
(2) The actions of the E/A prior to the revocation, removal, or
resignation shall remain valid.
(3) There will necessarily be a new E/A
Powers of the new E/A
(1) To collect and settle the estate not yet administered by the
former E/A
(2) Prosecute and defend actions commenced by and against the
former E/A
(3) Execute on judgments covered in the name of the former E/A
(4) CANNOT sell or mortgage pursuant to an authority given to the
former E/A. New E/A needs to get a new one.
F. Claims Against the Estate
Claims against the estate
(1) Money claims arising from contract or quasi-contract
(2) Claims for funeral expenses
(3) Claims for last sickness of the decedent
(4) Money judgment against defendant
MDB 59 2021
Call for claimants – after granting the LT/LOA, the court shall issue a notice
by publication requiring all parties having claims against the decedent, to
file the same with the clerk of court
Money claims – may be contingent or due
(1) Contingent money claim, rules
a. Must be presented in the administration
proceedings in the same way as an ordinary claim
b. When the contingent claim is converted to a valid
claim and presented within 2 years from the
statute of non-claims, the court should be
informed of the maturity and may be approved at
present value
c. For satisfaction of these claims, the court orders
money be set aside for it; if the claim never
matures within the 2-year period, the money goes
to the heirs; claimants can go after them directly
(2) Claims arising from contract, instituted when decedent was
still alive and pending until his death
a. The case should not be dismissed but instead
should be continued until finality
b. If the judgment is favorable to the plaintiff, it shall
be enforced against the estate of the deceased
(3) Claims contracted after the death of the decedent
a. It would be a valid money claim if it is a funeral
expense, and no other
b. For expenses of administration, it would be
charged against the E/A
(4) Claims for taxes – do not fall under claims against the estate;
not even barred by the statute of non-claims
(5) Claims of creditors of the conjugal partnership by contract
(6) Claims that are solidary in nature – with right of
reimbursement, but nevertheless, creditor is required to file
against the estate. If he doesn’t, he is barred from claiming
from the deceased solidary debtor
(7) Secured claims, options of the security holder (exclusive)
a. Waive the security, and claim the entire debt as an
ordinary claim, and share in the general
distribution of assets thereof.
b. Judicial foreclosure, and prove the deficiency as an
ordinary claim (E/A as party-defendant)
c. Rely on the security exclusively through
extrajudicial foreclosure any time before it is
barred by prescription, forfeiting right to deficiency
by ordinary claim
(8) Claims of the E/A, in which case he must notify the court in
writing of such claim, so an SA can be appointed
1. Time within which claims shall be
filed; exceptions
2. Statute of non-claims
Prescriptive period to file a claim
GR: Within the time fixed in the notice, which shall not be more than 12
months nor less than 6 months after the date of first publication (6<n<12)
EXC:
(1) Belated claims – If a creditor fails to file a claim within the time
limited by the court, it may still file it any time before the order
of distribution is entered. The court may, for cause shown and
on terms that are equitable, allow such claim to be filed not
exceeding 1 month from order allowing belayed claims.
(2) Counterclaims – Claims otherwise barred by the statute of
non-claims may be set forth as a counterclaim in any action
that the E/A may initiate against the claimants
 REMEDIAL LAW

2. Requisites before creditor may bring

3. Claim of executor or administrator an action for recovery of property
against the estate fraudulently conveyed by the
Claims by the E/A in behalf of the estate deceased
(1) For causes which survive, for the recovery or protection of the
property or rights of the deceased Claims by the creditor through the E/A, against the estate – for recovery
(2) For COA that accrued to the decedent during his lifetime. of property, right, or interest, subject to the following requisites
(3) Foreclose a mortgage belonging to the estate, as the (1) Deficiency in the assets in the hands of the E/A for payment of
mortgagee or assignee of the mortgage debts and expenses for administration
(2) Deceased in his lifetime, converted real or personal property,
Claims by the E/A in their own name – E/A shall give notice to the court in right, or interest therein, or debit or credit
writing, and the court shall thereafter appoint an SA. (3) Such conveyance was
a. Made with intent to defraud his creditors
b. Made to avoid any right, debt, or duty
4. Payment of debts c. The subject of the attempted conveyance would be
liable for attachment by any of them in his lifetime
Requirements before actual payment of debt by estate (4) There is an application by the creditor with the court
(1) Hearing (5) Concerned creditor must pay part of the costs and expenses,
(2) Amounts of such claims are ascertained or give security to E/A
(3) There are sufficient assets to pay
Claims by the creditors when E/A fails in the last header
Order of preference for distribution of property (1) Fraudulent conveyance of the decedent, and E/A fails to bring
(1) From the portion or property designated by will, if any action – creditor can sue to estate in behalf of the E/A in a
(2) From the personal property, in default or insufficiency of (1) separate action, provided (requisites)
(3) From the real property, when the personal property is not a. Same as above, and in addition
sufficient b. The E/A has not commenced an action provided in
Other considerations the preceding section
(4) Estate debts can also be claimed from the contribution of (2) Fraudulent conveyance of the decadent to the E/A – creditor
devisees, legatees, or heirs who have been in possession of can sue the estate in their own names, provided
portions of the estate, before the debts and expenses have a. Same as above, but the conveyance is to the E/A
been settled or paid, for any deficiencies from 1-3 b. No need for permission of the court
(5) In case the estate is insolvent, follow concurrence and c. No need for bond
preference of credit in the NCC
Rules for sales, mortgages, and other encumbrances – when allowed
Instances when real property may be charged first (1) SME of real or personal property for the payment and
(1) When the decedent’s person property is insufficient expenses of administration is allowed, provided
(2) When the sale of the personal property will be detrimental to a. For sale of personal property
the participants of the estate i. Application of the E/A with the court
(3) When the sale of personal property may injure the business or ii. Written notice to the heirs and persons
interests of those interested in the estate interested
(4) When the testator has not made sufficient provision for iii. Showing that the sale is necessary for
payment of such debts, expenses, and legacies (Rule 89) the payment of debts, expenses of
(5) When the decedent was, in his lifetime, obligated under administration, legacies, or
contract to deed real property to a beneficiary (Rule 89) preservation of property
(6) When the decedent, during his lifetime, held real property in b. For sale of real property
trust for another (Rule 89) i. Same as above
ii. Except showing must be that it is
beneficial to the person interested
G. Actions By and Against Executors and iii. Can only be done when there is no
Administrators more personal property
c. Nevertheless, the whole real property may be SME,
1. Actions that may be brought against provided
i. If SME only of a part would injure those
executors and administrators interested in the remainder
ii. It is necessary under the circumstances
Claims against the E/A
(2) If the same will be beneficial to the HLD and other interested
(1) Recovery of real or personal property or an interest therein,
persons – it is nevertheless allowed, provided
from the estate
a. Same as above
(2) Enforcement of a lien thereon
b. Except the showing is that the sale is beneficial to
(3) Actions to recover damages for an injury to a person or
HLD, even if not for payment of debts and expenses
property, real or personal
c. Must not be inconsistent with the will
(3) If the estate is in another country, and it is not enough to pay
the debts, dexpenses, and administration in such country

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 REMEDIAL LAW

(4) If the real property was acquired by the E/A on execution or EXC:
foreclosure sale (1) To satisfy the contributive shares of the devisees, legatees, or
(5) Where the deceased in his lifetime, obligated under contract, heirs, when they had entered possession of the estate
to deed real property or an interest therein; provided (2) To enforce payment for the expenses of partition
a. Application of EA with the court (3) To satisfy costs when the person is cited for examination in
b. Notice to persons interested probate proceedings
c. Must be shown that the assets in the hands of the
EA will not be reduced as to prevent a creditor from
receiving his full debt, or diminish his dividend I. Trustees
(6) Where the deceased, in his lifetime, held real property in trust
for another, provided Trustee – person in whom confidence is reposed as regards property for
a. Application of EA with the court the benefit of another person; appointed by the RTC where the will was
b. Written notice to the heirs and persons interested allowed or where the property affected by trust is situated

How to forestall SME – file a bond Instances when trustee may be appointed
(1) Under a will – when the testator omitted in his will to appoint
a trustee in the Philippines
H. Distribution and Partition (2) Under a written instrument – when a trustee under a written
agreement declines, resigns, dies or is removed before the
1. Liquidation objects of the trust are accomplished, and no adequate
provision is made to supply the vacancy
Liquidation – determination of all assets of the estate, and payment of all
debts and expenses
1. Distinguish: trustee and
Requisites before distribution of estate may be done
(1) Liquidation
executor/administrator
(2) Declaration of heirs
EA TRUSTEE
(3) Distributees must give a bond in a sum fixed by the court,
Accounting is made at such time Account must be made annually
conditioned upon payment of obligations within such time as
required by the court (1 year for and under oath
the court directs
RA; when required for SA); only
(4) Partial (advance) distribution
final accounts are required to be
under oath
2. Project of partition Appointment is from the Appointment is from the RTC
RTC/MTC depending on the gross where the will was admitted to
Protect of partition – proposal for distribution of the hereditary estimates, value of the estate probate
and determines the persons entitled thereto; its finality does not Appointment is made for the Appointment is made to carry
terminate the proceedings settlement of the decedent’s into effect the provisions of a will
estate or written instrument
When proceedings are terminated – the estate court loses jurisdiction of Upon payments of debts of the Only relieved from duty after
an estate under administration only after payment of all debts and the estate and the distribution of turning over the property to the
remaining estate is delivered to theirs property to heirs, they are beneficiary after the trust has
relieved from duty expired
Required to pay debts of the Not so required
3. Remedy of an heir entitled to residue estate
but not given his share
Remedy of an heir entitled to residue but not given a share
2. Conditions of the bond
(1) If such heir is not party to the partition
a. Motion in the same proceedings Trustee’s bond
b. Motion to reopen, if already closed GR: A bond is needed
(2) If such heir is a party to the proceedings EXC: No bond is needed when
a. Motion for execution within 5 years (1) Testator directed the exception of filing
b. In case of forgery/fraud/FAME (2) When all beneficiaries consent
i. Relief from judgment
ii. Annulment of judgment Conditions on the bond
iii. Certiorari (1) True inventory (when the court may order), but no need when
trustee is successor of prior trustee
Remedy of a preterited heir – Motion to reopen within 10 years (2) Manage and dispose the trust
(3) Trust account (annually)
(4) Distribute once trust is settled/expired
4. Instances when probate court may
issue writ of execution 3. Requisites for the removal and
Writ of execution
resignation of a trustee
GR: The estate court cannot issue a WOE
Requisites to remove or for resignation

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 REMEDIAL LAW

(1) Petition must be filed by interested parties

(2) Due notice is given to the trustees
(3) Hearing 2. Requisites for filing of petition
Requisites for filing in the first kind of escheat
4. Grounds for removal and resignation (1) That the person died intestate
of a trustee (2) That he left no heirs or persons entitled to inheritance
(3) Deceased left properties
Grounds to remove
Distribution of properties escheated of the first kind
(1) If essential to the interests of the party petitioning for removal
Resident Personal Municipality / city where he last
(2) If trustee becomes insane
defendant property resided in the PH
(3) Trustee is otherwise incapable or unsuitable to discharge trust
Real property Municipality / city where the
properties are located
5. Extent of authority of trustee Non-resident Where his property is located

Territorial extent of authority of trustee – when appointed by a Philippine
court, it cannot extent beyond the territory of the Philippines
Authority of the trustee
(1) Depending on appointment
a. Under will – same rights, powers, and duties as if
he had been appointed by the testator
b. Under written instrument – same duties, rights,
and powers as if he had been originally appointed
(2) Sell and encumber the trust estate when necessary or
expedient with notice, hearing, and court order
(3) Acquisition of the trust estate by prescription, if the trustee’s
possession becomes adverse i.e. requisites
a. Performance of unequivocal acts of repudiation
amounting to ouster
b. Positive acts of repudiation have been known to
the cestui que trust
c. Evidence is clear and conclusive
Grounds for filing in the second kind of escheat
(1) Violation of Art. XII, Section 7 (ownership by aliens)
(2) In accordance with the Agricultural and Fisheries
Modernization Act of 1997, Section 11 – idle agricultural lands
Ground for third kind of escheat – Balance must have been abandoned
for at least 10 years
3. Remedy of respondent against
petition; period for filing a claim
Remedy – When the petition does not state facts which entitle the
petition to the remedy prayed for, the respondent may file MTD
Who may file – HLD; SS; any person entitled to such estate
Period for filing – 5 years from date of judgment in the estate proceedings

J. Escheat K. Guardianship
Escheat – proceeding where the state, by virtue of its sovereignty, takes Guardianship – trust relation in which one person (guardian) acts for
the real or personal property of a person who died intestate, and leaving another (ward), whom the law regards as incapable of managing his own
no heirs at all affairs; meant to safeguard the rights and interests of minors and
incompetent persons
1. When to file Kinds of guardian
(1) Guardian of person
Kinds of escheat; when escheat is proper
(2) Guardian of property
(1) When a person dies intestate, leaving the State as the last
(3) General guardian – for both
intestate heir
Under the constitution
(2) In case of petition for reversion of property alienated in
(4) Legal guardian – no need for appointment
violation of the Constitution
(5) Guardian ad litem – only for the case
(3) Unclaimed balances in banks (dormant accounts for 10 years)
(6) Judicial – court-appointed
Who files – RTC or his representative in the RP
Rules governing
(1) ROC – incompetents
Where filed – RTC of the province where the deceased last resided or in
(2) Rule of Guardianship of Minors – A.M.
which he had estate in case of non-resident

G. INCOMPETENTS G. MINORS
When there is an incompetent by A minor provided there is
(1) Civil interdiction (1) Death, continued absence, incapacity of parents
(2) Hospitalized lepers (2) Suspension, deprivation, or termination of parental
Grounds to
(3) Prodigals authority
appoint
(4) Deaf and dumb who cannot read and write (3) Remarriage of surviving parent, when latter is
(5) Unsound mind unsuitable to exercise parental authority
(6) Those otherwise incompetent (4) Best interest of the child

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 REMEDIAL LAW

If resident – residence of the incompetent If resident – family court of residence, or in any RTC if none
Venue If non-resident – province where his property If non-resident – where property is located
If for general guardian ship – RTC
For resident For resident
(1) Relative (1) Relative
(2) Friend (2) Other person on behalf of minor
(3) Other person on behalf of incompetent (3) Minor himself if 14 years or over
Who may seek (4) DOH for insane person or hospitalized leper (4) DSWD or DOH for insane minor who needs to be
appointment hospitalized
For non-resident – Any person interested in the property For non-resident
(1) Relative
(2) Friend
(3) Any other person interested
No mention (1) Moral character
(2) Physical, mental, and psychological condition
(3) Financial status
(4) Relationship of trust with the minor
Qualification
(5) Availability to exercise the power
(6) Lack of conflict of interest
(7) Ability to manage
(8) Residents only
Bond is needed Bond is needed
Conditions of the bond Conditions of the bond
(1) Inventory (within 3 months) (1) Inventory (within 3 months)
(2) Execute the duties of the trust (2) Execute the duties of the trust
Bond
(3) Trust account (at time designated) (3) True report
requirement
(4) Perform all other orders (4) All other orders

New bond may be asked for, and the old sureties can be released Value of the bond – If the estate is worth more than 50,000, bond
after notice and if there is no injury must be no less than 10% of the value of the property
No mention (1) Parents
(2) Surviving grandparent
Preference of (3) Oldest sibling over 21
appointment (4) Actual custodian of the minor over 21
(5) Any other person who would serve the best interests of
the minor
(1) Pay debts of the estate (1) Pay debts of the estate
(2) Settle accounts (2) Settle accounts
(3) Demand/sue in behalf of the estate (3) Demand/sue in behalf of the estate
(4) Appear and represent in suits (4) Appear and represent in suits
Powers and
(5) Apply funds frugally (5) Apply funds frugally
duties
(6) Join in partition, in case thereof (6) Join in partition, in case thereof
(7) Complain of embezzlement if there is suspicion (7) File inventory within 3 months
(8) File inventory within 3 months and annually (8) Report to court new property within 3 months
(9) File accounting in a year (9) File accounting in a year
Who may file for termination Who may file for termination
(1) Incompetent person (1) Minor
(2) His guardian (2) Interested persons
Termination
(3) Relative (3) The court motu proprio
(4) Friend When the minor comes of age or dies, and upon filing of complete
When: competency is established accounting
(1) Insanity (1) Insane
(2) Wasted or mismanaged the estate (2) Incapable
(3) Failed to render and account within 30 days from time (3) Evidently unsuitable
DQ or removal
required (4) Wasted or mismanaged the estate
of guardian
(4) Incompetent is competent already (5) Failed to render accounting in three months
(5) Guardianship is not necessary anymore (6) Resignation
(6) Conflict of interest

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 REMEDIAL LAW
L. Adoption
DOMESTIC ADOPTION
Family Court of the province or city where prospective adoptive
Jurisdiction
parents reside (AM 02-6-02-SC, § 6)
and venue
a) FILIPINO ADOPTER
(1) Legal age (18)
(2) In possession of full civil capacity and legal rights
(3) Of good moral character
(4) Has not been convicted of any crime involving moral
turpitude
(5) Emotionally and psychological capable of caring for
children
(6) At least 16 years older than the adoptee (may be waived
when adopter is:
a. the biological parent of the adoptee or
b. is the spouse of adoptee’s parent)
(7) In a position to support and care for his children in
keeping with the means of the family
b) ALIEN ADOPTER
(1) Same qualifications for Filipino nationals
(2) His country has diplomatic relations with the PH
(3) Living in the Philippines for at least 3 continuous years
prior to the filing of the petition of adoption and
maintains such residence until the adoption decree is
entered
(4) Certified by his diplomatic or consular office or any
appropriate government agency to have the legal
Who may capacity to adopt in his country
adopt (5) His government allows the adoptee to enter his country
as his adopted child
Requirements on residency and certification may be waived:
(1) Former Filipino citizen who seeks to adopt a relative
within the 4th degree of consanguinity or affinity
(2) One who seeks to adopt the LC of his Filipino spouse
(3) One who is married to a Filipino citizen and seeks to
adopt jointly with his spouse a relative within the fourth
degree of consanguinity or affinity of the Filipino spouse
c) GUARDIAN with respect to the ward
(1) after the termination of the guardianship
(2) after clearance of his financial accountabilities
Husband and wife shall jointly adopt EXCEPT
(1) If one spouse seeks to adopt the legitimate child of one
spouse by the other spouse
(2) If one spouse seeks to adopt his own IC; provided that
the other spouse has signified his consent thereto
(3) Spouses are legally separated
If spouses jointly adopt or one spouse adopts the illegitimate child
of the other, joint parental authority shall be exercised by the
spouses (AM 02-6-02-SC, § 4)
18-LC-IC-ORD-O
(1) Any person below 18 years old who has been voluntarily
committed to the DSWD or judicially declared available
Who may for adoption 18
be (2) Legitimate child of one spouse, by the other spouse LC
adopted (3) An illegitimate child, by a qualified adopter to raise the
status of the former to that of legitimacy IC
(4) A person of legal age regardless of civil status, if prior to
the adoption, said person has been consistently
MDB 64 2021
INTER-COUNTRY ADOPTION
(1) Family Court having jurisdiction over the place where the
child resides or may be found.
(2) Filed directly with Inter-Country Adoption Board (ICAB)
Any alien or Filipino citizen permanently residing abroad
(1) At least 27 years of age and at least 16 years older than
the child to be adopted at the time of the application
UNLESS
a. the petitioner is the parent by nature of the
child to be adopted or
b. the spouse of such parent, in which case the
age difference does not apply
(2) Has the capacity to act and assume all rights and
responsibilities of parental authority under his national
laws, and has undergone the appropriate counseling
from an accredited counselor in his country
(3) Not convicted of a crime involving moral turpitude
(4) Eligible to adopt under his national law
(5) Can provide the proper care and support and instill the
necessary moral values and example to all his children,
including the child to be adopted
(6) Agrees to uphold the basic rights of the child, as
embodied under PH laws and the UNCRC, and to abide
by the IRR of RA 8043
(7) Comes from a country with which the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national
laws
(8) Possesses all the qualifications and none of the
disqualifications provided in this Rule, in RA 8043, and in
all other applicable Philippine laws
If married, spouses must jointly file for adoption
(AM 02-6-02-SC, § 30)
Only a child legally available for domestic adoption
Must also be shown that the child cannot be adopted locally
(AM 02-6-02-SC, § 29; RA 8943, § 11)
“legally free child”
- One that has been committed to the DSWD
 REMEDIAL LAW

considered and treated by the adopters as their own

child since minority OLD (O)
(5) A child whose adoption has been previously rescinded
RESCIND (R)
(6) A child whose biological or adoptive parents have died
(proceedings must be initiated beyond 6 months from
such deaths) DEAD (D)
(7) A child not otherwise disqualified by law or these rules
OTHERS (O) (AM 02-6-02-SC, § 4)
(1) Adoptee, if 10 years of age or over ABLIS Same
(2) Biological parents of the child, if known, or the legal
guardian, or the proper government instrumentality
which has legal custody of the child
Written (3) Legitimate and adopted sons/daughters, 10 years of age
consent or over, of the adopter(s) and adoptee, if any
required (4) Illegitimate sons/daughters, 10 years of age or over, of
the adopter if living with said adopter and the latter’s
spouse, if any
(5) The spouse, if any, of the person adopting or to be
adopted (RA 8552, § 9)
(1) Filing of verified petition (1) Filing of verified petition
(2) Court issues an order setting the case for hearing, and (2) Petition is transmitted to the ICAB for appropriate action
orders publication, conduct child and home study (matching)
reports, and counselling sessions (3) Supervised trial custody (CAN HAPPEN ABROAD)
Procedure
(3) Hearing proceeds within 6 months from the date of the
issuance of the order setting the hearing
(4) Court orders the conduct of supervised trial custody
(5) Court renders judgment and issues the adoption decree
(1) Parental authority (RA 8552, § 16)
(2) Legitimacy (RA 8552, § 17)
Effects of
(3) Succession (RA 8552, § 18)
adoption
(4) Reciprocal rights and obligation or biological parents to
the child and vice versa are extinguished
By adoptee
(1) Repeated physical and verbal maltreatment by the
adopter despite having undergone counselling
Grounds
(2) Attempt on the life of the adoptee
for
(3) Sexual assault or violence
rescission
(4) Abandonment or failure to comply with parental
obligations
By adopted – only through disinheritance
(1) Parental authority of the biological parent of the
adoptee, if known, or the legal custody of DSWD shall be
restored if the adoptee is still a minor or incapacitated
(2) The reciprocal rights and obligations of the adopter and
the adoptee to each other shall be extinguished
(3) Successional rights revert to its status prior to adoption,
Effects of as of the date of judgment of judicial rescission
rescission (4) Vested rights acquired prior to judicial rescission shall be
respected
(5) Adoptee must use the name stated in his original birth or
foundling certificate
(6) Civil Registrar where the adoption decree was registered
will cancel the new birth certificate of the adoptee and
reinstate his original birth or foundling certificate

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M. Writ of Habeas Corpus; Habeas Data; Amparo

HABEAS CORPUS AMPARO HABEAS DATA
(RULE 102) (A.M. No. 07-9-12-SC) (A.M. No. 08-1-16-SC)
Essence Right to liberty Right to life, liberty, and security (§ 1) Right to privacy in life, liberty, and security (§ 1)
(1) Deprivation of liberty Violation or threatened violation by an unlawful act or Violation or threatened violation of the right to privacy in life,
(2) Withholding the rightful custody of any person omission of liberty, or security by an unlawful act or omission of
(§ 2) (1) A public official (1) A public official
(2) A public employee (2) A public employee
Available against
(3) A private individual or entity (3) A private individual or entity
(§ 1) Engaged in the gathering, collecting or storing of data or
information regarding the aggrieved party’s person, family.
home and Correspondence (§ 1)
(1) All cases of illegal confinement or detention by (1) Extrajudicial killings (1) Gathering
which any person is deprived of his liberty (2) Enforced disappearances (2) Collecting
Coverage
(2) The rightful custody of any person is withheld (§ 1) (3) Storing of data or information
from the person entitled thereto (§ 2) Regarding person, family, home, correspondence (§ 1)
(1) No deprivation of liberty or restraint (1) Concerns which involve purely property or (1) State interest in dismantling private armed groups
(2) When the deprivation of liberty/restraint is legal commercial rights outweighs alleged intrusion of a person’s life
(3) To correct alleged erroneous orders of the court (2) Restriction of a person’s right to travel as a (2) Protection, under the context of the due process
When it is not
(4) When person deprived of liberty through consequence of the pendency of a criminal case clause, of purely property or commercial
allowed or when it
involuntary restraint or detention has already filed against him concerns
does not apply
been released (3) To obtain custody over a minor child involving
(5) Illegal detention becomes legal by virtue of court issues of parental authority
processes (§ 4) (4) Mere inclusion in the order of battle list by itself
Procedure; in general
(1) Filing of a verified petition (§ 3) (1) Filing of the verified petition which may include (1) Filing of the verified petition (§§ 1-3 & 6)
(2) Court or judge determines if the application is an application for provisional remedies (§§ 1-5) (2) Court/judge determines if the application is prima
prima facie meritorious (§ 5) (2) Court/judge determines if the application is prima facie meritorious (§ 7)
(3) A writ of habeas corpus is issued (peremptory facie meritorious (§ 6) (3) Writ of habeas data is issued (§ 7)
writ) — the court may also first issue a writ of (3) Writ of amparo is issued (§ 6) (4) Writ is served (§§ 7-9)
preliminary citation (§ 5) (4) Writ is served personally/substituted service (§ 8) (5) Respondent files a verified return within 5
(4) Service of the writ (§ 7) (5) Respondent files a verified return with supporting working days from service of the writ (§ 10)
(5) A return is made the person restrained must be affidavits within 72 hours from service of the writ, (6) Summary hearing or hearing in chambers
Procedure
brought before the court (§ 8) and may apply for provisional remedies (§ 9) proceeds within 10 working days from the
(6) Hearing is conducted (§ 12) (6) Summary hearing proceeds within 7 days from issuance of the writ (§§ 7 & 15)
(7) Court grants the application and orders the the issuance of the writ (§§ 6 & 13) (7) Court renders judgment and issues the final writ
release of the person, then a final writ of habeas (7) Court renders judgment and issues the final writ of habeas data within 10 days from the time the
corpus is issued by the clerk of court (§ 15) of amparo within 10 days from the time the petition is submitted for decision (§ 16)
petition is submitted for decision (§ 18) (8) Execution of the judgment and filing of verified
return by the sheriff which must be set for hearing
with due notice (§§ 16-18)
Procedure; who files
(1) Party for whose relief it is intended Aggrieved party, or any qualified person or entity in the GR: aggrieved party
(2) Some person on his behalf following order (§ 2) EXC: In cases of extralegal killings and enforced
(§ 3) (1) Any member of the immediate family (spouse, disappearances, the petition may be filed by
Who may file
children, and parents of aggrieved party) (1) Any member of the immediate family of the
(2) Any ascendant, descendant, or collateral relative aggrieved party (spouse, children, parents) or
of the aggrieved party within the fourth civil
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 REMEDIAL LAW

degree of consanguinity or affinity, in default of (2) Any ascendant, descendant or collateral relative
those mentioned in the preceding paragraph of the aggrieved party within the fourth civil
(3) Any concerned citizen, organization, association, degree of consanguinity or affinity, in default of
or institution, if there is no known member of the immediate family members
immediate family or relative of the aggrieved (§ 2)
party
Procedure; places (venue, enforceability of writ, where writ is returned)
(1) RTC where person is detained (1) RTC of the place where the threat, act, or (1) RTC where the petitioner or respondent resides
(2) Sandiganbayan omission was committed or any of its elements or that which has jurisdiction over the place
(3) CA occurred where the data or information is gathered,
(4) SC (2) Sandiganbayan collected or stored (at the option of the
(5) Any justice of the three preceding courts (3) CA petitioner)
Venue (§ 2) (4) SC (2) Sandiganbayan when the action concerns public
(5) Any justice of the three preceding courts data files of government offices
(§ 3) (3) CA when the action concerns public data files of
government offices
(4) SC when the action concerns public data files of
government offices(§ 3)
RTC: Judicial district Anywhere in the PH (Amparo, § 3 & Data, § 4)
Enforceability
Sandiganbayan, CA, SC: Anywhere in PH (§ 2)
Before such court or justice thereof (§ 2) If Issued by (§ 3) If Issued by (§ 4)
(1) RTC/judge: Before such court/judge (1) RTC/judge: Before such court/judge
(2) Sandiganbayan, CA, or any of its justices (2) Sandiganbayan, CA, or any of its justices
a. Before such court/justice a. Before such court/justice
b. Any RTC where the threat, act, or b. Any RTC of the place where the
omission was committed or any of its petitioner or respondent resides, or
elements occurred that which has jurisdiction over the
(3) SC or any of its justices place where the data or information is
Where writ is
a. Before such court/justice gathered, collected, or stored
returned
b. Sandiganbayan or CA or any of its (3) SC or any of its justices
justices a. Before such court/justice
(4) Any RTC where the threat, act, or omission was b. Sandiganbayan or CA or any of its
committed or any of its elements occurred justices
(4) Any RTC of the place where the petitioner or
respondent resides, or that which has jurisdiction
over the place where the data or information is
gathered, collected, or stored
Procedure; when to file, docket fees
RTC/Judge: On any day and at any time Any day and at any time (§ 3)
CA/Justice: Instances authorized by law
When to file
SC/Justice: On any day and at any time
(§ 2)
Exempt from docket and other lawful fees (§ 4) Only indigent petitioner is exempt from docket and other
Docket fees
lawful fees (§ 5)
Procedure; petition
(1) Person in whose behalf the application is made is (1) Personal circumstances of the petitioner (1) Personal circumstances of the petitioner and
imprisoned or restrained on his liberty (2) Name and personal circumstances of the respondent
Contents of (2) Officer or name of the person by whom he is so respondent responsible for the threat, act or (2) Manner the right to privacy is violated or
petition imprisoned or restrained; or, if both are unknown omission, or, if the name is unknown or uncertain, threatened and how it affects the right to life,
or uncertain, such officer or person may be the respondent may be described by an assumed liberty or security of the aggrieved party
described by an assumed appellation, and the appellation
MDB 67 2021

person who is served with the writ shall be
deemed the person intended
(3) Place where he is so imprisoned or restrained, if
known
(4) A copy of the commitment or cause of detention
of such person, if it can be procured without
impairing the efficiency of the remedy; or, if the
imprisonment or restraint is without any legal
authority, such fact shall appear
The petition shall be signed and verified
(§ 3)
Procedure; what is done with petition (issuance of the writ, summary hearing, how writ is served)
Issued if it appears that the writ ought to issue
Issuance of the Clerk of court shall issue the writ under the seal of the court
writ – allowed In case of emergency, the judge may issue the writ
under his own hand and may depute any officer or person to
serve it
Summary hearing
Leaving the original with the person to whom it is directed
and preserving a copy on which to make return or service
If that person cannot be found, or has not the prisoner in his
custody, then the service shall be made or any other person
How writ is served having or exercising custody
Writ may be served by
(1) Sheriff
(2) Other proper officer
(3) Person deputed by the court or judge (§ 7)
Procedure; return (in general, requirements and/or rules, contents
Within 72 hours after service of the writ, the respondent shall
file a verified return together with supporting affidavits (§ 9)
Return
Return/statement to be signed by the person who makes it
Requirements Return to be sworn by him if the prisoner is not produced
and/or rules
In all other cases unless the return is made and signed by a
sworn public officer in his official capacity (§ 11)
REMEDIAL LAW
(3) Right to life, liberty and security of the aggrieved (3) Actions and recourses taken by the petitioner to
party violated or threatened with violation by an secure the data or information
unlawful act or omission of the respondent, and (4) Location of the files, registers or databases, the
how such threat or violation is committed with government office, and the person in charge, in
the attendant circumstances detailed in possession or in control of the data or
supporting affidavits information, if known
(4) Investigation conducted, if any, specifying the (5) Reliefs prayed for, which may include the
names, personal circumstances, and addresses of a. Updating
the investigating authority or individuals, as well b. Rectification
as the manner and conduct of the investigation, c. Suppression
together with any report d. Destruction of the database or
(5) Actions and recourses taken by the petitioner to information or files kept by the
determine the fate or whereabouts of the respondent
aggrieved party and the identity of the person (6) In case of threats, the relief may include a prayer
responsible for the threat, act or omission for an order enjoining the act complained of
(6) Relief prayed for (7) Such other relevant reliefs as are just and
equitable
The petition shall be signed and verified (§ 5)
The petition shall be in writing and must be verified (§ 6)
Issued if it on its face it ought to issue
Clerk of court shall issue the writ under the seal of the court – allowed In case of urgent necessity, the justice or judge may
issue the writ under his own hand and may depute any officer or person to serve it (§ 6)
Not later than 7 days from the date the writ was issued Not later than 10 working days from the date the writ was
(§ 6) issued (§ 7)
Served upon the respondent by a judicial officer or by a
person deputized by the court, justice, or judge, who shall
retain a copy on which to make a return of service
In case the writ cannot be served personally on the
respondent, the rules on substituted service shall apply
(Amparo, § 8 & Data, § 9)
Verified written return within supporting affidavits within 5
working days from service of the writ
Period may be reasonably extended by the court for
justifiable reasons (§ 10)
A general denial of the allegations in the petition shall not be A general denial of the allegations in the petition shall not be
allowed (§ 9) allowed (§ 10)
All defenses must be raised in the return, otherwise, they are
deemed waived (§ 10)
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 REMEDIAL LAW

(1) Whether he has or has not the party in his custody
or power, or under restraint
(2) If the party is in his custody or power, or under
restraint – the authority and the true or whole
cause thereof, with a copy of the writ, order,
execution, or other processes upon which the
party is held
(3) If the party is in his custody or power or is
restrained by him, and is not produced,
particularly the nature gravity of sickness or
infirmity by reason of which he cannot, without
danger, be brought before the court or judge
(4) If he has had the party in his custody or power, or
under restraint, and has transferred such custody
or restraint to another, particularly to whom, at
what time, for what cause, and by what authority
Contents of return such transfer was made
(§ 10)
Hearing of the petition shall proceed ex parte (§ 12)
(1) The lawful defenses to show that the respondent
did not violate or threaten with violation the right
to life, liberty and security
(2) The steps or actions taken by the respondent to
determine the fate or whereabouts of the
aggrieved party and the person/s responsible for
the threat, act or omission
(3) All relevant information in the possession of the
respondent pertaining to the threat, act or
omission against the aggrieved party
(4) If the respondent is a public official, the return
shall further state the actions that have been or
will be taken
a. To verify the identity of the aggrieved
party
b. To recover and preserve evidence
related to the death or disappearance
of the person identified in the petition
which may aid in the prosecution of
the person/s responsible
c. To identify witnesses and obtain
statements from them concerning the
death or disappearance
d. To determine the cause, manner,
location, and time of death or
disappearance as well as any pattern
or practice that may have brought
about the death or disappearance
e. To identify and apprehend the
person/s involved in the death or
disappearance
f. To bring the suspected offenders
before a competent court (§ 9)
(1) The lawful defenses such as national security,
state secrets, privileged communications,
confidentiality of the source of information of
media and others
(2) In case of respondent in charge, in possession or
in control of the data or information subject of the
petition:
a. A disclosure of the data or information
about the petitioner, the nature of
such data or information, and the
purpose for its collection
b. The steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or
information
c. The currency and accuracy to the data
or information held
(3) Other allegations relevant to the resolution of the
proceeding
(§ 10)
Hearing of the petition shall proceed ex parte

All defenses deemed waived (§ 10) – omnibus waiver rule The court may also grant the petitioner such relief as the
Effect of failure to petition may warrant unless the court in its discretion
file a return Court/justice/judge may order the respondent who refuses requires the petitioner to submit evidence (§ 14)
to make a return or who makes a false return, or any person
who otherwise disobeys or resists a lawful process or order
of the court to be punished for contempt (§ 16)
Procedure; what happens after a return (prohibited pleadings and motions, available interim reliefs, judgment)
(1) Motion to dismiss
(2) Motion for extension of time to file return, opposition, paper, and other pleadings
(3) Dilatory motion for postponement
Prohibited (4) Motion for a bill of particulars
pleadings and (5) Counterclaim or crossclaim
motions (6) Third-party complaint
(7) Reply
(8) Motion to declare respondent in default
(9) Intervention

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 REMEDIAL LAW

Available interim
reliefs
When the court or judge has examined into the cause of
caption and restraint of the petitioner and is satisfied that he
is unlawfully imprisoned or restrained, he shall
(1) Forthwith order his discharge from confinement
(2) Such discharge shall not be effective until a copy
of the order has been served on the officer or
person detaining the prisoner
Judgment
(3) If the officer or person detaining the prisoner
does not desire to appeal, the prisoner shall
forthwith be released
(§ 15)
48 hours from notice of judgment or final order appealed
from by ordinary appeal
(10) Memorandum
(11) Motion for reconsideration of interlocutory orders or interim relief orders
(12) Petition for certiorari, mandamus, or prohibition against any interlocutory order (Amparo, § 11 & Data, § 13)
(1) Temporary Protection Order
(2) Inspection Order
(3) Production Order
(4) Witness Protection Order (§ 14)
The court shall render judgment within 10 days from the time The court shall render judgment within 10 days from the time
the petition is submitted for decision the petition is submitted for decision
If the allegations in the petition are proven by substantial If the allegations in the petition are proven by substantial
evidence, the court shall grant the privilege of the writ and evidence, the court shall enjoin the act complained of or
such reliefs as may be proper and appropriate order the deletion, destruction or rectification of the
- Otherwise, the privilege shall be denied erroneous data or information and grant other relevant
reliefs as may be just and equitable
(§ 18) - Otherwise, the privilege of the writ shall be
denied
Upon its finality, the judgment shall be enforced by the
sheriff or any lawful officers as may be designated by the
court, justice or judge within 5 working days (§ 16)
Any party may appeal from the final judgment or order to the Any party may appeal from the final judgment or order to the
SC under Rule 45 SC under Rule 45

In lieu of briefs, parties file memoranda within a non-
extendible period of 30 days from receipt of the notice issued
Appeal
by the clerk that all the evidence, oral and documentary, is
already attached to the record
The appeal may raise questions of fact or law or both The appeal may raise questions of fact or law or both
The period of appeal shall be 5 working days from the date of The period of appeal shall be 5 working days from the date of
notice of the adverse judgment. notice of the judgment or final order.

(R48, § 3) Same priority as habeas corpus cases The appeal shall be given the same priority as habeas corpus
(§ 19) and amparo cases. (§ 19)
Institution of The Rule does not preclude the filing of separate criminal, civil, or administrative actions (Amparo, § 21 & Data, § 20)
separate actions
When a criminal action has been commenced, no separate petition for the writ shall be filed
Effect of filing a
criminal action
The reliefs under the writ shall be available by motion in the criminal case. (Amparo, § 21 & Data, § 22)
When the criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the
criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for the writ, the latter shall be consolidated
Consolidation
with the criminal action.
After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition
(Amparo, § 23 & Data, § 21)
Quantum of proof Preponderance Substantial Substantial

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 REMEDIAL LAW

case; failure of defendant warrants plaintiff to present ex parte, and court

N. Rules on Custody of Minors and shall render judgment only on evidence presented by plaintiff
Habeas Corpus in relation to Custody
Provisional custody – only for the pendency of the case
of Minors
Order of preference for custody of minor
Jurisdiction and enforceability (1) Both parents jointly;
Family Court has exclusive jurisdiction to hear Judicial region (2) Either parent, taking into account all relevant considerations
petitions for custody of minors, and for issuance of of the Family especially the choice of the minor over seven (7) years of age
WHC in relation to custody of minors – where the Court and of sufficient discernment, unless parent chosen is unfit;
petitioner resides or where minor may be found (3) The grandparent, if there are several, then the grandparent
CA Whole chosen by the minor over seven (7) years of age and of
SC Philippines sufficient discernment, unless grandparent chosen is unfit or
disqualified;
Requisites for issuance (4) The eldest brother or sister over twenty-one (21) years of age,
(1) Petitioner has the right of custody of the minor unless he or she is unfit or disqualified
(2) Rightful custody thereof is being withheld from petitioner by (5) The actual custodian of the minor over twenty-one (21) years
respondent of age, unless the former is unfit or disqualified; or
(3) Best interest of the minor concerned to be in the custody of (6) Any other person or institution the court may deem suitable
the petitioner, and not respondent to provide proper care and guidance for the minor.

Who may file – any person claiming custody, covering
(1) Those unlawfully deprived of custody of minor
(2) Parent who shall have custody of minor during nullity,
annulment, or legal separation proceedings
Period to file answer – 5 days from service of summons
MTD – only ground is LOJ over subject matter or parties; other grounds
that must be invoked shall be an affirmative defense
Case study report – upon filing of verified answer or period to do so, the
court may order a social worker to make a case study of the minor and
the parties; the social worker will then submit recommendation at least 3
days before pre-trial
Pre-trial – same as in regular proceedings; mandatory; failure of petitioner
and counsel/representative to appear at PT warrants dismissal of the
Temporary visitation rights – court can provide appropriate visitation
rights to the non-custodial parent, unless the court finds such parent unfit
or disqualified
HDO – a minor child subject to a petition for HC-custody cannot be
brought out of the country without prior court order; an HDO may then
be issued motu proprio or upon petition, following ex parte hearing
Appeal – NOA within 15 days from denial of MR/MNT; thus it is clear that
MR/MNT is required
O. Change of Name
P. Cancellation or Correction of Entries
in the Civil Registry

RULE 103 RA 9048/10172 RULE 108

Change of name in general – Needs to be
substantial because this proceeding is
always adversarial
Petitioner wants to change the last name or
middle name
Nature
What type of error is contemplated?
Substantial errors
Who may file: only the person desiring to
have their name changed.
Where: RTC of residence/JDRC
Formalities
No need to go to court if clerical or typo
only, and change in FN/NN/DOB/sex that do
not affect civil status
Covers on clerical/typo errors.
“Typo/clerical errors”
• Does not affect civil status
• Mere mistake in entry
• Visible to the eye
• May be corrected by LCR by
referring to other documents
Who: person who has direct and personal
interest in having the name changed.
Where: LCR. (by affidavit)
Cancellation or correction of entries in LCR
that affect civil status
Usually harmless because the act has been
done, it just hasn’t been reflected properly
in the LCR; but nevertheless covers only
substantial changes for records in the LCR.
“Substantial errors” – civil status is affected
Contemplates substantial corrections
because of RA 9048 took all clerical errors
already
Who: Any person interested in any act,
event, order, or decree that affect civil
status
Where: RTC of province where LCR is.

Parties: LCR (needs notice), all persons with

interest that will be affected din the
cancellation/correction
Grounds (1) First name or nickname is For change of name – can be same grounds
Grounds (1) First name or nickname is ridiculous, tainted with dishonor in 103
ridiculous, tainted with dishonor

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or extremely difficult to write or
pronounce
(2) Change results in legal
consequence (like legitimation)
(3) Change will avoid confusion
(4) Using the name in school
(5) Sincere desire to adopt a Filipino
name to erase signs of former
alienage
Verified. Contents:
(1) Bona fide resident of the
province where he filed for 3
years before filing
(2) Cause why change of name is
sought
(3) Name petitioner wants
or extremely difficult to write or For cancellation or correction – any entry in
pronounce the civil registrar that affects the civil status
(2) New FN/NN has been habitually of persons
and continuously used by
petitioner, and he is public
known by such name in the
community
(3) Change will avoid confusion
(4) For DOB/sex: there was a clear
mistake in entry (with 10172)
Verified, presented in person, sworn
affidavit. Contents:
(1) Facts necessary to establish the
merits of the petition
(2) Facts that show affirmatively
that petitioner is competent to
testify
(3) The particular erroneous entry

Supporting documents, in general:

(1) Certified true machine copy of
the certificate or the page of the
registry book where the entry is
found
(2) At least 2 public or private docs
Petition showing the correct entry upon
which the correct/change is
based
(3) Other relevant documents

If for change in DOB/sex, additional:

Petition is accompanied by earliest
documents such as Medical records ;
Baptismal certificate;Other documents
from religious authorities

If for sex, additional:

Petition is accompanied by a certification
from an accredited govt physician saying
that there has been no sex
change/transplant
(1) Set for hearing (1) File with LCR (1) File verified petition with CFI
a. Publication: once a (2) Submit supporting documents (2) Fixing time and place of hearing
week for 3 successive (3) If for change of FN/NN/DOB/sex a. Notice: Persons
weeks in NPGC of a. Publication once a named in the petition
province week for 2 weeks in b. Publication: once a
b. Hearing: shall not be NPGC week for 3
within 30 days before b. Certification that he consecutive weeks in
elex. Must be >4 has no pending case NPGC
months after or criminal record (3) Opposition is allowed within 15
publication. (4) Examination of petition days of notice or publication
(2) Hearing a. Posting for 10 days (4) Provisional remedies allowed:
Procedure a. Oppositors may (5) Decision: 5 days after posting/ a. TRO
come forward publication b. WPI
b. OSG/OCP shall (6) Civil Registrar General may (5) Proceedings may be expedited
represent Republic impugn (6) Judgment: dismiss or grant.
(3) Judgment: change the name (7) MR may be filed should change a. Note: no
a. Service of judgment: be impugned by CRG. If still no, posting/publication
LCR go to court. of the decision.
(4) Appeals: filed under Rule 41 (7) Appeal: Rule 41 to CA.
(ordinary appeal to the CA) Grounds to impugn of the CRG
(1) Not clerical or typographical
(2) Correction affects civil status
(3) No grounds to change name

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(2) Determination of the lawful heirs of a deceased person or their

Q. Absentees distributive share
1. Purpose of the rule (3) Allowance or disallowance, in whole or in part, of any claim
against the estate of a deceased person, or any claim
Purpose of the rule – enabling the taking of necessary precautions for the presented on behalf of the estate in offset to a claim against
administration of an absentee’s estate; aims to have the court appoint the it;
present spouse as administrator of the absent spouse’s properties, or for (4) Settlement of the account of an executor, administrator,
separation of their respective properties trustee or guardian;
(5) Constitutes, in proceedings relating to the settlement of the
When appointment of absentee is warranted estate of a deceased person, or the administration of a trustee
(1) Person disappears from his domicile or guardian, a final determination in the lower court of the
(2) His whereabouts are unknown rights of the party appealing, except that no appeal shall be
(3) No agent or agent’s authority already expired allowed from the appointment of a special administrator; and
(6) The final order or judgment rendered in the case, and affects
the substantial rights of the person appealing unless it be an
2. Who may file; when to file order granting or denying a motion for a new trial or for
reconsideration.
Who may file petition
(1) Any interested party
(2) Relative
2. When to appeal
(3) Friend
When to appeal
Who may ask for appointment Special proceedings NOA – 15 days
(1) Spouse ROA – 30 days
(2) Instituted heir Habeas corpus 48 hours from service of judgment
(3) Compulsory relative Amparo Five working days from notice of judgment
(4) Anyone with right to the property Kalikasan NOA – 15 days

Time periods
Time of disappearance and
for two or five years after
(0-2/5)
From lapse of two years
after disappearance to 7
years thereafter (2-7)
After the 2nd year
After the 4th year
After the 5th year
After the 7th year
After the 10th year
Move for appointment of
3. Modes of appeal
representative
Modes of appeal
2 years – if no representative left
(1) Rule 40 – MTC to RTC
5 years – if there is
(2) Rule 41 – RTC to CA
Petition for appointment of
(3) Rule 42 – [MTC to RTC] to CA
administrator
(4) Rule 45 – to SC on QOL
(5) Rule 65 – GADALEJ
Surviving spouse can now remarry
upon declaration of presumptive
death under exceptional 4. Rule on advance distribution
circumstances
Person under exceptional Advance distribution – the court upon its discretion and in just terms,
circumstances is presumptively dead permit that such part of the estate that is not affected by controversy, be
for all purposes distributed among heirs and legatees, subject to the following conditions
(1) Part to be distributed is not affected by controversy or appeal
Surviving spouse can now remarry (2) Posting of a bond
upon declaration of presumptive
death
Person missing if above 75 is
presumptively dead for purposes of
succession
Person missing is presumptively dead
for purposes of administration
Person missing if below 75 is
presumptively dead for purposes of
succession

R. Appeals in Special Proceeding

1. Judgments and orders for which
appeal may be taken
What can be appealed from (ROA)
(1) Allowance or disallowance a will;

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Jurisdiction of the Sandiganbayan

CRIMINAL PROCEDURE (1) Sec. 4 (a): applies only to the following crimes
a. Anti-Graft and Corrupt Practices Act
b. Forfeiture Law
A. General Matters c. RPC crimes
i. Bribery
1. Distinguish jurisdiction over subject ii. Indirect bribery
matter from jurisdiction over person iii. Qualified bribery
iv. Corruption of public officials
of the accused
PROV OFFICIAL SG27
OVER SUBJECT MATTER OVER THE ACCUSED 4 (a) (1) Officials of the exclusive branch
Conferred by law Acquired by his arrest or his Yes.
occupying the positions of RD or higher.
voluntary appearance in court 4 (a) (1) Provincial local officials (governor, vice
Can never be acquired by May be acquired by consent of governor, konsehals, treasurers,
consent of the accused; cannot accused (voluntary appearance) assessors, engineers, other department
be waived or by waiver (not filing MTQ) heads)
MTQ for LOJ-SM can be raised MTQ for LOJ-A is waived if not City local officials (mayor, vice mayor,
any time during the proceedings, raised in MTQ before supra officials)
even on appeal arraignment Officials of diplomatic service (consul or
higher)
2. Requisites for exercise of criminal Military (Philippine army and air force
colonels, naval captains, all officer of No.
jurisdiction higher rank)
Police (provincial director, rank of
Requisites for exercise of criminal jurisdiction senior superintendent or higher)
(1) Jurisdiction over the subject matter as conferred by law Fiscals (city and provisional, their
(BP129) assistants; officials and prosecutors of
(2) Jurisdiction over territory where the crime was committed the OMB and Special Prosecutor)
except Presidents, directors or trustees, or
a. RPC 2 managers of GOCC, state universities,
b. Offense is committed in the course of a trip, the educational institutions or foundations (
criminal action may be instituted and tried in a 4 (a) (2) Members and officials of Congress Yes.
court where the vehicle passed, including points of 4 (a) (3) Members of the judiciary without
departure and arrival No.
prejudice to the provisions of the Const.
c. Offense is committed on board a vessel, the
4 (a) (4) Chairmen and members of the
criminal action may be instituted and tried in the
ConComs, without prejudice to the No.
first port of entry, or of any territory where the
provisions of the Constitution.
vessel passed
4 (a) (5) All other national and local officials Yes.
d. Those cases where SC, in the interest of justice,
transfers trial to another place
(2) Sec. 4 (b): Does not need to be in the crimes in (a), for as long
e. Where the case is cognizable by the SB, jurisdiction
as they are:
depends on the nature of the offense and the
a. Committed by the public officials in the table
position of the accused
above, and
f. Defamation – must be where the offended party
b. In relation to their office – offense is intimately
held office (if public officer), or the locality he
connected with the office, and is alleged to have
resided it at the time of the offense (if private)
been perpetrated while the accused was in the
g. Illegal recruitment – province RTC where offended
performance of her official functions, there being
party resides at the time of the offense
no personal motive to commit the crime and had
h. Trafficking – where the crime was committed,
the accused not have committed it had she not
where elements occurred, or where trafficking
held the aforesaid office.
person resides at the time of the offense
(3) Section 4 (c): Civil and criminal cases filed pursuant to and in
Among others
connection with Executive Order Nos. 1, 2, 14 and 14-A,
(3) Jurisdiction over the person of the accused
a. EO 1: PCGG
b. EO 2: Marcos cronies
3. Jurisdiction of criminal courts c. EO 14: Ill-gotten wealth
(4) RTC would have jurisdiction nevertheless if the information
See tables on first part of this reviewer for MTC, RTC original and exclusive, a. Does not allege any damage to the government or
and appellate jurisdiction any bribery at all or
b. Alleges that there is damage but in an amount not
Election offenses – RTC even if public officers SG 27 and higher exceeding 1M.
Uniformed offenders – court martial if connected to service

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Persons authorized to file information

4. When injunction may be issued to (1) City or provincial prosecutor
restrain criminal prosecution (2) Duly appointed special prosecutors

Writ of preliminary injunction Crimes that cannot be prosecuted ex oficio

GR: They cannot restrain prosecution of a crime (1) Private offenses
EXC: Brocka doctrine a. Concubinage
(1) To afford adequate protection to the constitutional rights of b. Adultery
the accused c. Seduction
(2) When necessary for the orderly administration of justice or to d. Abduction
avoid oppression or multiplicity of actions e. Acts of lasciviousness
(3) When there is a prejudicial question which is sub judice (2) Defamations
(4) When the acts of the officer are without or in excess of (3)
authority
(5) Where the prosecution is under an invalid law, ordinance or 3. Criminal actions, when enjoined
regulation
(6) When double jeopardy is clearly apparent Prescription of crimes
(7) Where the court has no jurisdiction over the offense CRIME PERIOD
(8) Where it is a case of persecution rather than prosecution DP 20 years
(9) Where the charges are manifestly false and motivated by the RP 20 years
lust for vengeance RT 20 years
(10) 10.When there is clearly no prima facie case against the Other afflictive (PM) 15 years
accused and the motion to quash on that ground has been PC 10 years
denied. AM 5 years
Light offenses (Am) 2 months
Libel or other similar offense 1 year
B. Prosecution of Offenses Grave oral defamation and grave slander 6 months
1. Criminal actions, how instituted by deed
Under special laws
How to institute criminal action; who prosecutes i.e. where to file the Violation of ordinance 2 months
complaint-affidavit Fine under special law 1 year
(1) When preliminary investigation is needed (when penalty is 4 Imprisonment of 1 month 1 year
years, 2 months, and 1 day, and above) – prosecutor …more than 1 month 4 years
(2) When preliminary investigation is not needed …2 years or more 8 years
a. In Manila and other chartered cities – prosecutor …6 years or more 12 years
b. Other cities – first-level courts directly Corruption and plunder 20 years
Recovery Imprescriptible
Effect – tolling of the prescriptive period Physical, psychological and economic 20 years
VAW
Requisites of a valid complaint and information Sexual and other psychological VVAW 10 years
(1) In writing Gender-based sexual harassment in public 1 year
(2) In the name of the People of the Philippines spaces involving wolf-whistling and similar
(3) Against all persons who appear to be responsible for the crime acts
(4) Specifically for complaint …involving making offensive body 3 years
a. Sworn statement gestures
b. Charging a person with an offense …involving stalking 10 years
c. Subscribed by the offender party, any peace Gender-based online sexual harassment Imprescriptible
officer, or other public officer charged with
Gender-based sexual harassment in the 5 years
enforcement of the law violated
workplace
(5) Specifically for information
Trafficking in person 10 years
a. Must make an accusation
…if done through syndicate, in large scale, 20 years
b. In writing
or against a minor
c. Charging a person with an offense
d. Subscribed by the prosecutor Illegal recruitment 5 years
e. Filed in court …if done with economic sabotage 20 years
(syndicate or large scale)
Non-filing of SALN 8 years
2. Who may file them, crimes that BP22 4 years
cannot be prosecuted de oficio
4. Control of prosecution
Persons authorized to file a complaint
(1) Offended party Prosecution
(2) Any peace officer GR: All criminal actions commenced by complaint or information shall be
(3) Other public officer charged with law enforcement prosecuted under the direction and control of the prosecutor
EXC: A private prosecutor may prosecute the case, in case of

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(1) Heavy worth schedule of the prosecutor or Place of GR: The offense was committed, or some of the
(2) In the event of lack of public prosecutor commission essential ingredients occurred, at some place within
Provided the jurisdiction of the court
(1) Private prosecutor is authorized in writing by the Chief of the EXC: The particular place where it was committed
Prosecution Office or the Regional State Prosecutor constitutes an essential element of the offense, or is
(2) Subject to the approval of the court necessary for its identification.
(3) The civil action arising from the crime is instituted with the Name of If offense against property, and offended party is
criminal action offended unknown – property must be described particularly
(4) Public prosecutor must be present during the proceedings still party If true name is revealed – insert it in the complaint
If juridical person – state the name or designation it is
Appeals by the prosecution to the CA and the SC known by
GR: Only the OSG may bring or defend actions in behalf of the People in
criminal proceedings elevated to the CA and SC
EXC: It needed not be the OSG when 6. Duplicity of the offense; exception
(1) When the State and the offended party are deprived of due
process because the prosecution is remiss in its duty to protect Prohibition on duplicity of offenses
the interest of the State and the offended party; and GR: A complaint or information must charge only one offense, or else it is
(2) When the private offended party questions the civil aspect of defective, and can be quashed
a decision of a lower court. EXC: Complex crimes

Prosecution of private crimes; who may prosecute

(1) Adultery and concubinage – Only the offended spouse,
7. Amendment or substitution of
charging both the spouse and paramour; offended party complaint or information
should not have pardoned the offenders
(2) Seduction, abduction, AOL – any of the following in this order Breakdown of rules on amendments and substitution
a. Offended woman WHEN LOC ADDITIONAL
b. Her parents, grandparents, legal guardian in that Before plea No Regardless of nature: formal or substantial
order, if the offended woman is minor or suffers If substantial: needs another P.I.
disability After plea (GR) Yes Formal amendment allowed
c. State, when the offended party dies or becomes After plea Yes Prosecutor can change the nature of the
incapacitated before she could file the complaint, (exception) crime when a fat supervenes, which
and there are none in (b) changes such nature of upgrades the
(3) Defamation – only the parties defamed offense; provided it does not prejudice the
accused
5. Sufficiency of complaint or
Needs re-arraignment
information
Prejudice, how determined
Requisites of a sufficient complaint or information – DADAPO (1) Defense no longer available
(1) Designation of the offense by statute (2) Evidence no longer available
(2) Accused’s name (3) Evidence no longer applicable
(3) Date, at least approximate, of the commission of the crime Before plea, Yes Necessarily substantial;
(4) Acts or omissions complained as constituting the offense but Requisites:
(5) Place where the offense was committed downgrades (1) Motion by the fiscal
(6) Offended party’s name the offense (2) Notice to the offended party
Before Yes Substitution – Dismiss original; file a new
Test of sufficiency judgment, one; substitution shall be made, as long as
Name of Must be the name and surname, or nickname (alias); when there is a no double jeopardy
accused if it cannot be determined – he must be described mistake Can ask for another P.I.
under a fictitious name, with a statement that his true
name is unknown (John Doe)
If is later revealed – it must be inserted. 8. Venue of criminal actions
Designation; The designation given by law (estafa);
Acts or If none, the section, along with the acts and omissions Where to file the complaint
omissions constituting the offense, elements, and qualifying and GR: In the territory where the offense or any of its ingredients were
aggravating circumstances committed
Acts or Acts or omissions of the accused must be in an EXC:
omission ordinary and concise language (1) RPC 2
It has to be sufficient to enable a person of common (2) Offense is committed in the course of a trip, the criminal
understanding to know the offense, and the attendant action may be instituted and tried in a court where the vehicle
circumstances, and for the court to pronounce passed, including points of departure and arrival
judgment (3) Offense is committed on board a vessel, the criminal action
Date of GR: Only approximate and not precise date is needed. may be instituted and tried in the first port of entry, or of any
commission Get as near as possible to the actual date. territory where the vessel passed
EXC: If the date is a material ingredient.

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Other rules on jurisdictional venues
Estafa Where the transaction took place
BP 22 Place where the check was deposited and bounced
VAWC Where the violence was experienced
Libel In case of public officer offender
(1) Generally – where the article was published
(2) If office is in Manila – Manila
(3) Outside Manila – where he works
In case of private individual offender
(1) Either where the article was published or
(2) Where the offended party resides
Falsification Where the document was falsified
9. Intervention of offended party
Intervention of the offended party
GR: Offended party has the right to intervene by counsel in the
prosecution of the criminal action, when the civil action for recovery of
civil liability is instituted in the criminal actions
EXC:
(1) Where from the nature of the crime and law defining and
punishing, no civil liability arises in favor of the offended party
(2) Where the offended party has waived the right to civil
indemnity; or
(3) Where the offended party has already instituted a separate
civil action
C. Prosecution of Civil Action
1. Rule on implied institution of civil
action with criminal action
Implied institution
GR: Criminal action carries with it civil liability ex delicto
EXC:
(1) Offended party waives the civil action
(2) Offended party reserves the right to institute it separately
(3) Offended party institutes the civil action prior to criminal
Reservation of the right to sue separately – requirements
(1) Must be done before the presentation of the prosecution’s
evidence
(2) Must be under circumstances affording the offended party a
reasonable opportunity to make the reservation
When there can be no reservation of separate civil action ex delicto
(1) BP 22 and estafa – the civil action should have been prior to
the institution of the criminal action to be tried separately; in
such an instance, the civil may be consolidated with the
criminal later on
(2) A claim arising from an offense which is cognizable before SB
– the civil action should have been prior to the criminal, but in
such case, it has to be transferred to the criminal for joint
hearing in the SB
(3) Tax cases
(4) Civil actions, which can be filed and prosecuted independently
(NCC 32, 33, 34, 2176) – does not need reservation at all
because they are not ex delicto
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2. When civil action may proceed
independently
Instances when civil action may proceed independently – NCC 32, 33, 34,
and 176 which
(1) May be brought by the offended party
(2) May proceed independently and
(3) Requires on preponderance of evidence
Limitation – a plaintiff cannot recover damages twice for the same act or
omission of the defendant (double recovery)
3. When separate civil action is
suspended
Primacy of criminal action
GR: After the filing of a criminal action, the civil action which has been
reserved, cannot be instituted until final judgment in the criminal; if it is
already instituted, civil case will be suspended until final judgment in the
criminal.
EXC:
(1) NCC 32, 33, 34, 2176 – as mentioned, proceeds independently
(2) When the civil action is a prejudicial question
(3) When it is not a civil liability ex delicto
Consolidation – if the civil preceded the criminal, it is subject to
consolidation before judgment on the merits is rendered
Effect of acquittal on civil liability
GR: An acquittal extinguishes the civil liability only when it includes a
declaration to that effect; civil liability subsists when
(1) Acquittal is based on reasonable doubt
(2) Decision contains declaration that only civil liability is due
(3) When the civil liability is not ex delicto
EXC: No civil liability when there is a finding that the omission or crime did
not exist and was not committed.
4. Effect of the death of accused or
convict on civil action
Rules on effect of death of the accused
(1) Civil liability ex delicto extinguishes upon death during the
pendency of the case
(2) Civil liability not ex delicto is not extinguished, and should be
filed against the estate of the accused, or against the EA
a. Against estate when it is a money claim, final
money judgment, or funeral expense (like when
the accused dies after final judgment)
b. Against the EA when it is for recovery of property
or any interest, enforcement of lien, or QD (like
when the accused dies before final judgment)
5. Prejudicial question
Prejudicial question – arises in a case, the resolution of which is a logical
antecedent of the issue involved in the criminal case, and the cognizance
of which pertains to another tribunal; elements therefor
(1) Previously instituted civil action, with a similar issue or
intimately related to criminal
(2) Resolution of the civil case determines guilty or innocence of
the accused
(3) Before two different tribunals
 REMEDIAL LAW

Remedy – suspension of the criminal case until resolution of civil
6. Rule on filing fees in civil action
deemed instituted with the criminal
action
(2) Provincial or City prosecutors and their assistants
(3) Such other officers are authorized by the
a. COMELEC – for election cases
b. OMB – for cases falling within the jurisdiction of SB
c. PCGG – for cases involving ill-gotten wealth
Thus for cases filed directly with the first-level courts, remember those
don’t need a preliminary investigation. The judge won’t have to.

Rule for actual damages

GR: No filing fees are required for amounts of actual damages a. Distinguish: executive and judicial
EXC:
(1) BP 22 – based on the amount of the check; to be paid in full
determination of probable cause
upon filing of the criminal and civil actions
EXECUTIVE DETERMINATION JUDICIAL DETERMINATION
(2) Estafa – based on the amount involved
Made by the prosecutor during Made by the judge to ascertain
Rule for other kinds of damages – there must be a payment of filing fees preliminary investigation, to whether to issue a warrant of
based on the amount specified in the complaint; if there is no amount ascertain whether there is arrest
enough evidence to support the
specified, fees are assessed in accordance with the Rules, and shall be a
Information to be filed
first lien on the judgment.
Evaluation if there is well- Judge must satisfy himself based
founded believe that a crime has on the evidence submitted (even
D. Preliminary Investigation been committed and that the the prosecutor’s report) on
accused is probably guilty whether to place the accused in
1. Nature of right thereof custody

Preliminary investigation – not just a procedural tool but a substantive

statutory right; an inquiry or proceeding to determine
(1) Whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and that
(2) The respondent is probably guilty thereof and should be held
for trial
(3) Required when the penalty is at least 4 years, 2 months, and 1
day of imprisonment, regardless of fine
2. Purposes of preliminary investigation
Purposes of P.I.
(1) Whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and that
(2) The respondent is probably guilty thereof and should be held
for trial
(3) To preserve evidence and keep the witnesses within the
control of the State
(4) To determine the amount of bail for a bailable offense
3. Who may conduct determination of
existence of probable cause
Instances when probable cause must be established
WHO DETERMINES PURPOSE
Investigating officer in Determination on whether a crime was
the OCP committed, and that respondent is
probably guilty thereof; required before
filing of Information
Judge Determination of WN to issue arrest
warrant, when there is necessity of placing
respondent under immediate custody
Peace officer or private When making a valid warrantless arrest (in
person flagrante delicto, hot pursuit, escapee)
Officers authorized to conduct a preliminary investigation – note, this is
different from the person to whom cases must be filed; these are the
people who will actually investigate already after the complaint is filed
(1) National and Regional State Prosecutors
4. Resolution of investigating
prosecutor
Resolution of the investigation prosecutor – The investigating prosecutor
shall certify under oath in the Information that
(1) He or she, or an authorized officer personally examined the
complainant and his witnesses;
(2) There is reasonable ground that a crime has been committed
and the accused is probably guilty thereof;
(3) The accused was informed of the complaint and of the
evidence against him/her; and
(4) The accused was given an opportunity to submit controverting
evidence
5. Review
Prior written approval – No complaint or information may be filed or
dismissed by an investigating prosecutor without the prior written
authority of the provincial or city prosecutor, or OMB or his deputy
Scenario – Prosecutor does not recommend filing but the OCP does;
actions of the prosecutor
(1) File information against the respondent himself
(2) Direct any other assistant fiscal or state prosecutor to do so,
without need for another preliminary investigation
Role of the SOJ – SOJ can still entertain an appeal even when the
Information has been filed already, and the accused has been arraigned.
However, if the SOJ reverses the ruling of the prosecutor:
(1) He can direct the prosecutor to file the corresponding
information without need for preliminary investigation again
(2) He can dismiss or move for dismissal of the complaint or
information in court, with notice to the parties
Appeal to the OP – appeals from or petitions for review of decisions of the
SOJ on preliminary investigation, go to the OP, subject to requisites
(1) Offense involved is punishable by reclusion perpetua to death
(2) New and material issues are raised which were not previously
presented before the DOJ, and were not ruled upon

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(3) Prescription of the offense is not due to lapse within 6 months
from notice of questioned resolution
(4) Appeal or petition for review is filed within 30 days from notice
Appeal to the courts – Because of separation of powers, the only way the
executive determination of probable cause can be contested in the courts
is in the ground of GADALEJ (Crespo doctrine)
6. When warrant of arrest may issue
Judicial determination of probable cause – for purposes of arrest warrant
Judicial determination by RTC judge – the RTC judge must personally
evaluate the evidence and reports from the resolution of the OCP; he
need not determine it personally (like in search warrant); has the
following options upon such evaluation
(1) Immediately dismiss the case, if the evidence on record does
not establish probable cause
(2) Issue a warrant of arrest or commitment order if there is
probable cause
(3) In case of doubt if there is, the judge can make the prosecutor
present more evidence within 5 days from notice; issue must
be resolved by the court within 30 days from filing of
complaint.
Judicial determination by the MTC Judge – If a preliminary investigation
was required (4-2-1), and the case falls under the jurisdiction of the first-
level courts, the executive determination should be passed to the fiscal.
From the rules on institution, we already know that it does go to the fiscal;
however, for the judicial determination, they follow the same rules as RTC
above, and have the same 3 options.
Options of the judge upon finding probable cause
(1) Generally, issue a warrant of arrest or a commitment order if
already arrested
(2) But, if the judge finds there is no necessity for placing the
accused under the custody of the law, they may issue
summons instead of a warrant of arrest
When warrant of arrest is not necessary
(1) If the accused is already under detention
(2) If the complaint was filed pursuant to inquest
(3) Offense is penalized by fine only
7. Cases not requiring a preliminary
investigation
Cases that do not require P.I. – when the penalty is less than 4 years, 2
months, and 1 day
8. Remedies of accused if there was no
preliminary investigation
Remedies of the accused when there is no P.I.
(1) Before a complaint or information is filed, he may ask for a
preliminary investigation but he must sign a waiver of the
provision of Art. 125 of the RPC in the presence of his counsel;
if it is refused, he may file a petition for certiorari
(2) After the filing of the complaint or information in court
without a preliminary investigation, the accused may, within 5
days from the time he learns of its filing, ask for a Preliminary
Investigation
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(3) Refuse to enter a plea upon arraignment and object to further
proceedings upon such ground;
(4) Raise lack of preliminary investigation as error on appeal
(5) File for prohibition
9. Inquest
Inquest – informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested lawfully without a
warrant, and when P.I. is required
Duties of the inquest officer
(1) To determine if the arrest of the detained person is valid;
(2) If found valid he shall:
a. Ask the detainee if he desires to avail of himself
preliminary investigation
b. If he does, he shall be made to execute a waiver of
the provision of Art. 125 of the RPC.
(3) If the arrest was not made in accordance with the law and/or
the Rules, he shall:
a. Recommend the release of the person arrested or
detained
b. Note down the disposition on the referral
document;
c. Prepare a brief memorandum indicating the
reasons for the action taken
d. Forward the same, together with the record of the
case to the City or Provincial Prosecutor for
appropriate action
When inquest officer is absent – The complaint may be filed directly with
the proper court, on the basis of the offended party’s or police officer’s
affidavit; this is to avoid committing delay in delivery
E. Arrest
Arrest – means by which a court acquires jurisdiction over the accused, by
taking them into custody that they may be bound to answer for the
commission of the offense and to stand for trial
1. Arrest, how made
How arrest is made
(1) Actual restrain of the person arrested
(2) Accused’s submission to the custody of the person making the
arrest
Duties of the arresting officer
(1) To not use violence or unnecessary force in effecting the arrest
(2) To not use greater restraint than necessary for his detention
(3) To arrest the accused, and deliver him to the nearest police
station or jail without unnecessary delay
Execution of the warrant
(1) Must within 10 days from receipt of the warrant
(2) Within another 10 days after expiration (21st day), the officer
should make a report to the judge, stating reasons for failure
of delivery if there was
Nevertheless, the warrant of arrest has no expiry date
 REMEDIAL LAW

2. Arrest without warrant, when lawful Summoning assistance

Instances of valid warrantless arrests
(1) In flagrante delicto
a. The person to be arrested must execute an overt
act indicating that he has just committed, is
actually committing, or is attempting to commit a
crime
b. Such overt act is done in the presence or within the
view of the arresting officer
(2) Hot pursuit
a. At the time of the arrest, an offense had in fact just
been committed (immediacy)
b. The arresting officer had personal knowledge of
the facts indicating that the accused had
committed it. (personal knowledge)
(3) Escapee
(4) When a person who has been lawfully arrested escapes or is
rescued by another
(5) By the bondsman, for purpose of surrendering the accused
(6) When the accused released on bail attempts to leave the
country without court order
Breaking into the building, if person to be arrested refuses
Other
admittance after officer announced authority and
incidents
purpose
Breaking out of a building pursuant to the above
Arrest Anyone can take him without a warrant at any time, in
after any place in the Philippines.
escape
Lawyer or relative, can visit and confer with the accused
Right to
while the latter is in jail or in custody, at any hour of the
counsel
day or night.
4. Requisites of a valid warrant of arrest
Requisites of valid warrant of arrest, under the Const
(1) The arrest warrant must be issued upon probable cause.
(2) Probable cause must be determined personally by a judge.
(3) There must be an examination under oath or affirmation of
the complainant and the witnesses he may produce.
(4) The warrant must particularly describe the person to be
seized.

3. Method of arrest 5. Determination of probable cause for

When Any day, at any time, day or night
With warrant
(1) Inform the person of the cause of the arrest,
and the fact that there is a warrant issued
against him
(2) Officer need not do (1) if
a. Person flees or forcibly resists
before the officer had opportunity
b. Giving the information would
imperil the arrest
(3) Officer need not have in his possession the
warrant at the time of the arrest.
Without warrant
(1) Inform the person to be arrested of the
officer’s authority, and the cause of the arrest
(2) Officer need not do (1) if
a. Person is engaged in the
commission of crime
Method b. Is being pursued immediately after
commission
c. Person escaped, flees, or forcibly
resists before officer can inform
d. Giving information would imperil
the arrest
By private person
(1) Inform the person of the intention to arrest
him and cause of the arrest
(2) Private citizen need not do (1) if
a. Person is engaged in the
commission of crime
b. Is being pursued immediately after
commission
c. Person escaped, flees, or forcibly
resists before officer can inform
d. Giving information would imperil
the arrest
issuance of warrant of arrest
Already discussed under judicial determination of probable cause
F. Bail
1. Nature
Bail – a security that allows an accused to leave the custody of the law,
given by himself or through a bondsman; meant to guarantee the
accused’s presence in court
Forms of bail
(1) Corporate surety
(2) Property bond
(3) Cash deposit
(4) Recognizance
Conditions on the bail
(1) Unless the court directs otherwise, the bail bond posted by an
accused remains in force at all stages of the case until
promulgation of the judgment of the RTC
(2) The accused shall appear before the proper court whenever
required by the court or rules.
(3) Failure of the accused to appear at the trial without
justification despite due notice shall be deemed a waiver of his
right to be present thereat. The trial may proceed in absentia.
(4) The bondsman shall surrender the accused to court for
execution of the final judgment.
Where to file for bail
In general With the court where the case is pending.
If the judge is unavailable or absent: with the
RTC, MeTC, MTC or MCTC judge in the same
province, city, or municipality
If the accused was arrested in a place where the
case isn’t pending: RTC judge of that place
If RTC judge is not available in the place of arrest:
MeTC, MTC or MCTC judge in that place

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Bail is Only in the court where the case is pending, 5. Guidelines in fixing amount of bail
discretionary; whether P.I., trial, or appeal.
Released on
Guidelines in fixing the amount of bail under the ROC
recognizance
(1) Financial ability of the accused to give bail;
In custody but Any court in the province, city, or municipality (2) Nature and circumstances of the offense;
not yet charged where he is held (3) Penalty for the offense charged;
(4) Character and reputation of the accused;
2. When a matter of right; exceptions (5) Age and health of the accused;
(6) Weight of the evidence against the accused;
3. When a matter of discretion (7) Probability of the accused appearing at the trial;
(8) Forfeiture of other bail;
(9) The fact that accused was a fugitive from justice when
arrested; and
(10) Pendency of other cases where the accused is on bail.

6. Bail when not required

Bail as a matter of right
(1) Before and after conviction, if before first-level courts
(2) Before conviction, if before second-level courts and not death,
RP, LI
Bail as a matter of discretion
(1) After conviction pending appeal and not death, RP, LI, and
without disqualifying circumstances enumerated
a. Recidivist, quasi-recidivist, or habituated
delinquent, reiteration
b. Escaped, evaded sentence, violated conditions of
bail (no justification)
c. Committed offense while under probation, parole,
or conditional pardon
d. Flight risk
e. Undue risk to commit the crime again
(2) Regardless of the stage of proceedings, but death, RP, LI and
evidence of guilt is not strong
Bail is not allowed – Regardless of the stage of proceedings, when
punished by death, RP or LI, and evidence of guilt is strong
Penalty to be considered for determination of grant of bail – prescribed
penalty under the law; the following are the different kinds
(1) Prescribed penalty: Penalty in statute
(2) Imposable penalty: Penalty with attendant circumstances and
complexed if ever
(3) Penalty actually imposed: The one sentenced by the court
4. Hearing of application for bail in
capital offenses
Capital offense – an offense which, under the law existing at the time of
commission and of application for bail, is punished by death; no more now
because of the suspension of the death penalty
Evidence presented at the bail hearing – The evidence presented in the
bail hearing shall be considered as automatically reproduced at the trial;
however, upon motion of either party, the court may recall any witness
for additional examination (unless they’re dead, outside the PH, or unable
to testify)
When bail need not be posted
(1) Offense charged is violation of an ordinance, light felony or
criminal offense the imposable penalty does not exceed 6
months of imprisonment and/or fine of P2,000 where said
person has established to the satisfaction of the court or any
other appropriate authority hearing the case that he is unable
to post the required cash or bail bond (RA 6036, Sec. 1)
(2) One of the rights of a child arrested acting as a combatant, spy,
carrier, or guide in an armed conflict is to be released on
recognizance to the custody of DSWD or responsible member
of the community (R.A. No. 7610);
(3) Where the accused applied for probation and before the same
has been resolved but no bail was filed or the accused is
incapable of filing one, in which case he may be released on
his own recognizance.
(4) In case of a youthful offender held for physical or mental
examination, trial or appeal, if unable to furnish bail and under
the circumstances provided by P.D. 603, as amended.
(5) A person who has been in custody for a period equal to or
more than the possible maximum imprisonment prescribed
for the offense charged, without prejudice to the continuation
of the trial or the proceedings on appeal.
(6) Accused who was arrested for failure to appear when required
by the court may be released on recognizance of a responsible
citizen (Sec. 16, Rules on Summary Procedure)
(7) A person accused of an offense with a maximum penalty of
destierro shall be released after 30 days of preventive
imprisonment.
7. Increase or reduction of bail
When the court may increase or reduce the bail
(1) After the accused is admitted to bail and
(2) Upon good cause
8. Forfeiture and cancellation of bail
When is bail forfeited
(1) Where the presence of the accused is specifically required by
the Court or the ROC (arraignment, promulgation, trial for
identification) and
(2) Despite due notice to the bondsmen to produce the accused,
the accused fails to appear in person as so required

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When bail is cancelled, instances

(1) Upon application of the bondsmen with due notice to the
2. When should plea of not guilty be
prosecutor, upon surrender of the accused or proof of his entered
death;
(2) Upon acquittal of the accused; When should a plea of not guilty be entered
(3) Upon dismissal of the case; or (1) When the accused so pleaded
(4) Execution of judgment of conviction. (2) When he refuses to plea
(3) When his guilty plea is conditional
(4) When his guilty plea is indefinite or ambiguous
9. Application not a bar to objections in (5) When he pleads guilty but presents exculpatory evidence
illegal arrest, lack of or irregular
preliminary investigation 3. When may accused enter a plea of
Filing of bail does not bar the accused to do the following
guilty to a lesser offense
(1) Challenge the validity of his arrest
When may accused enter a plea of guilty to a lesser offense
(2) Challenge the legality of the warrant issued for his arrest
(1) When the private offended party is not present during
(3) Assail the regularity or questioning the absence of preliminary
arraignment, with conformity of the trial prosecutor alone
investigation of the charge against him
(2) Plea-bargaining
Provided he raises all of these before entering plea, because such is
already voluntary submission.
Requisites of a valid plea bargain
(1) The court shall resolve this matter as early as practicable, but
(1) If during arraignment
it has to be before the trial of the case.
a. Consent of the offended party
(2) This is a new rule, intended to modify previous ruling of the SC
b. Consent of the prosecutor
that an application for bail or admission to bail shall be
c. The lesser offense is necessarily included in the
considered a waiver of his right to assail the warrant issued for
offense charged
his arrest, or the legalities or irregularities thereon.
(2) If after arraignment but before trial
a. Withdrawal of plea of not guilty
G. Arraignment and Plea b. The lesser offense is necessarily included in the
offense charged
Arraignment – formal mode or manner of implementing the c. (No amendment necessary)
constitutional right of the accused to be informed of the nature and cause (3) If after prosecution has rested its case
of the accusation against him a. Must be granted by the judge
b. Approval of the prosecutor
c. Approval of the offended party
1. How made d. Prosecution must not have sufficient evidence to
establish the guilt of the accused for the crime
How arraignment is made charged
GR: Requisites
(1) In open court, where the complaint or information has been
filed or assigned for trial
4. Accused plead guilty to capital
(2) Done by the judge or clerk of court offense, what the court should do
a. The accused must be furnished with a copy of the
complaint or information Requisites for pleading guilty to a capital offense
b. It must be read in the language or dialect known to (1) Duty of the court – Searching inquiry into the voluntariness
the accused and full comprehension of the consequences of the plea
(3) The accused must be asked if he pleads guilty or not guilty (2) Prosecution would still have to present evidence to prove the
a. Accused must be present guilt of the accused, and the precise degree of culpability
b. The plea must be entered by accused personally (3) The accused may still present evidence
EXC: Upon personal examination of the accused, the court may allow a
waiver of the reading of the information, with the full understanding and
express consent of the accused and their counsel 5. Searching inquiry
Consequences of the plea Elements of a valid search inquiry
(1) Plea is not guilty – The same will be entered already (1) Judge must convince himself that accused is entering the plea
(2) Accused refuses to plead or makes a conditional plea – By voluntarily and intelligently
default, a plea of not guilty will be entered for them (2) Judge must convince himself that there exists a rational basis
(3) Accused pleads guilty, but present exculpatory evidence – His for the finding of guilt based on the accused’s testimony
plea shall be withdrawn, and a plea of not guilty shall be (3) Inform the accused of the exact length of imprisonment, and
entered for him the certainty that he will serve it in a national penitentiary
(4) Private offended party does not appear despite notice –
Accused can enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the
6. Improvident plea
conformity of the trial prosecutor alone

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Improvident plea – plea without information as to the circumstances
affected it; one made upon a mistaken assumption or misleading
information or advice
Effect of an improvident plea of guilty – the plea will be withdrawn, and a
plea of not guilty will be entered; must be done before judgment is final
(2)If based on a ground that the facts charged do not constitute
an offense (a) – court shall give the prosecution opportunity
to correct the defect by amendment
MTQ therefore will only be granted if no amendment is made, or if one is
made but defect remains

Suspension of arraignment 2. Distinguish from demurrer

(1) Unsound mental condition of the accused, which effectively
renders him unable to fully understand the charge against him MTQ DTE
and to plead intelligently Filed before defendant enters his Filed after prosecution has
(2) Prejudicial question plea / arraignment (with exc) rested its case
(3) Petition for review of the fiscal pending with the DOJ or OP; Does not require LOC May be filed with or without LOC
provided, that the period for suspension is only for a maximum (but preferably, needs LOC)
of 60 days Based on matters found only in Predicated on the evidence
the Information (with exc) presented by the prosecution
If granted, dismissal of the case If granted, deemed an acquittal;
H. Motion to Quash will not necessarily follow (like first jeopardy sets in
when amendment is proper)
Motion to Quash – special pleading by the defendant, before entering his If denied by GAD, Rule 65 If denied, not reviewable by
plea, which hypothetically admits the truth of the facts spelled out in the certiorari or appeal before
complaint or information judgment; but Rule 65 is proper

When to move for motion to quash

GR: Before accused is arraigned 3. Effects of sustaining the MTQ
EXC: The following grounds are not covered by omnibus motion rule
(1) Complaint does not charge an offense Effect of sustaining an MTQ – not a bar
(2) LOJ over the offense GR: The court may order that another complaint or information
(3) Extinguished/extinction EXC: See next header – 4. Exception
(4) Double jeopardy
4. Exception to the rule that sustaining
1. Grounds the motion is not a bar to another
1 § GROUND prosecution
A Facts charged don’t constitute the offense
B LOJ over offense Not a bar
C LOJ over person of the accused GR: When the MTQ has been granted, that doesn’t preclude the
D Officer who filed the information has no authority to do so prosecution from filing another Information or Complaint
E Complaint or information does not conform substantially EXC: grounds (g) and (i)
to prescribed form (1) Extinction
(2) Double jeopardy
F Multiplicity of offenses, except when crime is
complex/compound
Effects
G Criminal action or liability has been extinguished
(1) For an accused in custody – he must file bail to be discharged
H Legal excuse or justification in the information or
(2) If a new charge was not filed or if the new information was out
complaint
of time – the accused may be discharged, unless he is in
I Double jeopardy custody for another charge.
Need for motion Summary of grounds and effects
GR: The court will not consider any ground not contained in a MTQ
Facts do not constitute offense (a) Court may order that another
EXC: LOJ over offense, which can be invoked by the court itself any time
Officer had no authority to file (d) information be filed, or that the
Does not conform to form (e) information be amended
MTQ hearing
Multiplicity (f)
GR: Hearing will not ventilate matters of defense, which must be fleshed
out during trial. Everything must be confined to the Information Information has justification (h)
EXC: The following grounds can allow for evidentiary matters Extinction Release of the accused if he is in
(1) Extinction (g) custody; if not, cancellation of
Double jeopardy
(2) Double jeopardy (i) bail
The other grounds may nevertheless be way for evidentiary matters if not LOJ offense Remand or forward to proper
objected to during MTQ hearing. court; don’t grant MTQ

Amendment of complaint
(1) If based on an alleged defect which can be cured by
amendment – court shall order the amendment be made

1
Omnibus Rule – not barred if raised at MTQ

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5. Double jeopardy I. Pre-Trial

Requisites for double jeopardy to attach Where pre-trial is mandatory – criminal cases cognizable before the
(1) First jeopardy attaches (1) SB
(2) Second jeopardy attaches (2) All trial courts (RTC, first-level)

First jeopardy
(1) Valid indictment
(2) Competent court Period for pre-trial
(3) Arraignment GR: Within 30 days from the date the court acquires jurisdiction over the
(4) Plea person of the accused
(5) Case terminated by EXC: need not be 30 days when
a. Conviction (1) A shorter period is provided for in special law or circulars of
b. Acquittal the SC
c. Dismissal without consent of the accused (2) If the accused is under preventive detention, the arraignment
and PT shall be set within 10 days of the court’s receipt of case
Consent of the accused
GR: Dismissal with consent of the accused does not attach the first
jeopardy; there will be no double jeopardy 1. Matters to be considered during PT
EXC: The following “consent” would still attach first jeopardy
(1) Demurrer to evidence Matters to be considered
(2) Violation of right to speedy trial (1) Plea bargaining
(2) Stipulation of facts
Second jeopardy – Second charge must be any of the following (3) Marking for identification of evidence
(1) Exact same offense (4) Waiver of objects to admissibility of evidence
(2) Offense necessarily included in the first (5) Modification of order of trial (if there is lawful justification)
(3) Attempt or frustration of the first (6) Such other matters as will promote a fair and expeditious trial
of the criminal and civil aspects of the case
Necessarily included
GR: If the second offense is necessarily included in the first, the second
jeopardy still attaches
2. What the court should do when
EXC: Even if necessarily include, second offense does not attach second prosecution and offended party
jeopardy in the following instances
(1) Supervening events developed a graver offense
agree to the plea of the accused
(2) Graver charge facts became known or discovered after the
Duty of the court
plea was entered in the first complaint or information
(1) During the pre-trial, the judge shall consider plea bargaining
(3) Plea of lesser offense was made without consent of the
arrangements except in cases for violations of the
prosecutor and of the offended party (except when the
Comprehensive Dangerous Drugs Act of 2002.
offended party didn’t show up)
(2) If a plea bargaining is agreed upon, the court shall:
a. Issue an order to that effect;
Same offense
b. Proceed to receive evidence on the civil aspect
GR: If the second offense is the exact same as the first, the second
c. Render and promulgate judgment of conviction,
jeopardy attaches
including the civil liability or damages duly
EXC: Even if exact same, the second jeopardy will not attach if any one of
established by the evidence.
the following is invoked
(1) Violation of due process and mistrial
(2) GADALEJ on Rule 65 3. Pre-trial agreement
6. Provisional dismissal Requisites for pre-trial agreements
(1) Entered into or made during PTC
(2) Must be in writing
Requisites of provisional dismissal
(3) Must be signed by accused
(1) Consent of the prosecutor
(4) Must be signed by his counsel
(2) Consent of the accused
If the accused does not sign, the agreement is not binding on him
(3) Notice to the offended party
(4) Public prosecutor is served a copy of the order
4. Non-appearance during pre-trial
Grounds – grounds that are not in MTQ, for instance, prosecution was not
prepared for trial; repeated absence; violation of speedy disposition Non-appearance at PTC – if the counsel for the accused or the prosecutor
(lawyers) do not appear at PT, and do not offer an acceptable cause –
When PD becomes final sanctions and penalties only
Punishable less than 6 years 1 year after provisional dismissal,
and there was no revival
Punishable 6 years or more 2 years after provisional dismissal,
and there was no revival

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5. Pre-trial order 3. Trial in absentia

Pre-trial Order Trial in absentia – trial where the accused is not present; valid when
(1) Contents (1) Accused has already been arraigned
a. Actions taken (2) Accused was notified of the trial or hearings
b. The facts stipulated (3) Absence is unjustified
c. Admissions made
d. Evidence marked Effect – accused waives the right to present evidence and cross-examine
e. Witnesses to be presented the witnesses against him.
f. Schedule of trial
(2) Effects
a. This is binding to the parties, and limits the trial to 4. Remedy when accused is not brought
matters not disposed of to trial within the prescribed period
b. Deviation only allowed if there will be manifest
injustice Remedy when the accused is not brought to trial within the prescribed
period – file for dismissal, on the ground of denial of speedy trial
J. Trial
Burden of proving – the accused has the burden of proving the motion,
Consolidation of trial – charges for offenses founded on the same facts or but the prosecution has the burden of going forward with the evidence to
forming part of a series of offenses of similar character, may be tried establish the exclusion of time
jointly at the court’s discretion

Trial for several accused 5. Requisites for discharge of accused to

GR: Joint trial is automatic, without need for court order
EXC: By court discretion, when it orders separate trial upon motion of the
become a state witness
prosecutor or any of the accused
Requisites to be a state witness
(1) Two or more accused are jointly charged with the commission
1. Instances when presence of accused of an offense;
(2) The motion for discharge is filed by the prosecution before it
is required by law rests its case;
(3) The prosecution is required to present evidence and the sworn
When accused must be present statement of each proposed state witness at a hearing in
(1) Arraignment support of the discharge (discharge hearing)
(2) Trial, for purposes of identification (4) The accused gives his consent to be a state witness; and
(3) Promulgation (except in light offenses) (5) The trial court is satisfied that:
a. There is absolute necessity for the testimony of the
2. Requisite before trial can be accused whose discharge is requested;
b. There is no other direct evidence available for the
suspended on account of absence of proper prosecution of the offense committed,
witness except the testimony of said accused;
c. The testimony of said accused can be substantially
Requisites before trial can be suspended on account of witness absence corroborated in its material points;
(1) Witness is essential d. Said accused does not appear to be the most guilty;
(2) The party who applies for suspension is not guilty of neglect e. Said accused has not at any time been convicted of
(3) Witnesses can be had at the time to which trial is deferred any offense involving moral turpitude.
(4) No similar evidence could be obtained
(5) Affidavit showing the existence of the above circumstances 6. Effects of discharge of accused as
Examination of witness before trial state witness
FOR THE ACCUSED FOR THE PROSECUTION
GROUNDS; Witness is Effects of discharge as state witness
(1) Sick, infirm or (1) Sick, infirm, or GR: Mainly, the state witness is acquitted.
unavailable unavailable (1) Discharge of the accused is an acquittal; first jeopardy sets in
(2) Resides more than (2) About to depart from (2) Evidence adduced in support of the discharge during the
100km away the PH with no discharge hearing is automatically part of trial
(3) Other similar definite date of (3) If the court denies the motion for discharge, his sworn
circumstances return statement shall be inadmissible in evidence
EXAMINATION BEFORE WHOM EXC: He will not be acquitted if he later fails or refuses to testify against
(1) Any judge in the PH Only before the court where the his co-accused in accordance with the affidavit he executed.
(2) Any lawyer in good case is pending
standing, designated
by the judge
(3) Any inferior court, if
ordered by the SC

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charged therein filed as a result of reinvestigation,

7. Demurrer to evidence reconsideration, and review;
(2) Motion to quash warrant of arrest
Demurrer – in effect, it is a motion to dismiss by the accused after the
(3) Motion to suspend arraignment on the ground of unsound
prosecution has rested its case, on the ground of insufficiency of evidence
mental condition under Sec. 11 (a), Rule 116
of the prosecution.
(4) Motion to quash information on the grounds that the facts do
not constitute an offense, lack of jurisdiction, extinction of
LOC to file demurrer
criminal action or liability, or double jeopardy under Sec. 3,
LOC and DTE granted Accused is acquitted
Filed with par. (a), (b), (g), and (i), Rule 117
Accused is allowed to
LOC LOC granted, DTE denied (5) Motion to discharge accused if the accused is a state witness
present evidence the motion shall be submitted for resolution from the
DTE granted Accused is acquitted termination of the hearing, and be resolved within a non-
Filed
without Accused waived the extendible period of ten (10) calendar days thereafter under
LOC DTE denied right to present Sec. 17, Rule 119
evidence (6) Motion to quash search warrant under Sec. 14, Rule 126, or
motion to suppress evidence; and
8. Guidelines on continuous trial (7) Motion to dismiss on the ground that the criminal case is a
a. Applicability Strategic Law Suit against Public Participation (SLAPP) under
Rule 6 of the Rules of Procedure for Environmental Cases.
Applicability
GR: All newly-filed criminal cases, including those governed by special c. Arraignment and pre-trial
laws and rules, as well as those already pending with respect ot the
remainder of the proceedings, in the Schedule of arraignment and pre-trial, which happen on the same day
(1) First and second level courts (1) Detained – 10 days from the court’s receipt of the case
(2) Sandiganbayan (2) Not detained – 30 days from the court’s receipt of the case
(3) Court of Tax Appeals
EXC: Unless otherwise specified Notice of arraignment and pre-trial, sent to whom
(1) Accused
b. Prohibited and meritorious (2) Their counsel
(3) Private complainant
motions (4) Public prosecutor
(5) Witnesses
Prohibited motions – denied outright before arraignment, without need
for comment or opposition Arraignment proper
(1) Motions for judicial determination of probable cause (1) Plea bargaining (except drugs)
(2) Motion for preliminary investigation if filed beyond the five (5)- (1) If accused enters plea of guilty to a lesser offense –
day reglementary period in inquest proceedings under Sec. 6, plea-bargaining immediately proceeds, provided
Rule 112, or when required under Sec. 8, Rule 112, or in the offended party (in private crimes) or the
inquest proceedings where accused failed to participate arresting officer (in all others) are present to
despite due notice. consent to it, with the conformity of the public
(3) Motion for reinvestigation of the prosecutor when the motion prosecutor
is filed (2) Thereafter, the judgment shall be automatically
a. Without prior leave of court; rendered already
b. when preliminary investigation is not required (2) Plea of guilty to crime charged – judgment shall immediately
under Sec. 8 Rule 112, and be rendered, except when it is for a capital punishment
c. when the preliminary investigation is required and (3) Where no plea bargaining or plea of guilty takes place –
has been conducted, the grounds not being proceed with pre-trial
meritorious (i.e. credibility, admissibility of
evidence, innocence of accused, lack of due Schedule of trial dates – continuous, maybe shortened on the number of
process even when notified, etc.) witnesses to be presented
(4) Motion to quash information when the grounds stated are not
in Sec. 3 Rule 117 Conduct of pre-trial, incidents and effects
(5) Motion for bill of particulars that does not conform to Sec. 9, Absence of parties The court shall proceed even in the absence of
Rule 116 the accused or the private complainant,
(6) Motion to suspend the arraignment If motion is based on provided they were duly notified, as long as
grounds not stated in Sec. 11, Rule 116 their lawyers are there
(7) Petition to suspend the criminal action on the ground of Stipulations Must be done with active participation of the
prejudicial question and no civil case has been filed pursuant court, and not left alone to the counsels
to Sec. 7, Rule 111 Marking Documentary evidence of both parties are
marked at pre-trial
Meritorious motions – those that allege plausible grounds supported by PTO Must be immediately served upon the parties
relevant documents and/or competent evidence and their counsel on the same day as the PT
(1) Motion to withdraw information, or to downgrade the charge
in the original information, or to exclude an accused originally

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d. Trial; memoranda 3. Promulgation of judgment; instances

What the court must encourage
(1) For the accused – apply for examination of witness for accused
before trial
(2) For the prosecution – apply for conditional examination of
witness for the prosecution
FOE – must be done orally, as well as objections thereto
Memoranda – discretionary on the court to ask the parties to file
memoranda; if it does decide to allow, memoranda should not exceed 25
pages (single-spaced, LBP, 14 font)
e. Promulgation
Schedule of promulgation
GR: The court shall announce in open court the order submitting the case
for decision, including the date of promulgation, which shall not be more
than 90 days from submission of case for decision
EXC: If special rules provide for a shorter period
K. Judgment
1. Requisites of a judgment
of promulgation of judgment in
absentia
How promulgation is done
(1) GR: Reading it in the presence of the accused
EXC: For light offenses – promulgation can be in the presence
of his counsel or representative only.
(2) In the presence of any judge of the court where rendered
(3) GR: By the judge
EXC:
a. If the judge is absent or outside the locality – clerk
of court will promulgate
b. If the accused is confined or detained in another
locality – promulgated by the EJ of the RTC having
jurisdiction over the place of confinement upon
request of the court which rendered judgment
Effect of accused’s failure to appear in non-light offenses
(1) Judgment is recorded in the criminal docket anyway
(2) Accused is served with a copy to his last known address
(3) If failure to appear is without justifiable cause and with notice,
the accused
a. Loses all remedies against judgment
b. Will be ordered arrested by the court

Regaining standing to invoke remedies – accused must

Requisites of a judgment
(1) Surrender himself to the court within 15 days from
(1) Written in official language
promulgation
(2) Personally and directly prepared and signed by the judge
(2) File a motion for leave of court to avail
(3) Shall contain clearly and distinctly
(3) Provide justifiable reason for absence
a. Statement of facts
b. Law on which it is based
4. Instances when judgment becomes
2. Contents of judgment final
Contents of judgment When judgment becomes final
(1) If conviction GR:
a. Legal qualification of the offense, with attendant (1) After the lapse of 15 days without appeal
circumstances (2) When sentence has been partially or totally satisfied/served
b. Participation of the accused (3) When accused waived in writing his right to appeal
c. Penalty imposed (4) When accused has applied for probation
d. Civil liability ex delicto EXC: When the death penalty is imposed, review is automatic
(2) If conviction
a. Finding either that
i. Evidence of the prosecution absolutely L. Remedies after trial (MR, MNT,
failed to prove the guilt or
ii. If it merely failed to prove guilt beyond
Appeal)
reasonable doubt
b. Determination if the act or omission from which
the civil liability might arise did not exist

Variance Doctrine
GR: The accused can be convicted only of the offense when it is both
charged and proved by the prosecution against the accused
EXC: When there is variance between the crime charged and that proved
(1) Crime charged is necessarily included in the crime proved –
the crime charged will prevail
(2) Crime charged necessary includes the crime proved – the
crime proved will prevail

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MOTION FOR NEW TRIAL (RULE 121) MR (RULE 121) APPEAL (RULE 122)
WHO MAY Any party Any party may appeal from judgment or final order, unless the accused will be placed in double jeopardy
AVAIL
Court of origin If decided in the MeTC/MTC/MTC/MCTC RTC
WHERE
If decided in the RTC CA or SC
AVAILED
If decided in the CA SC
Any time before a judgment of conviction becomes final; Any time before a 15 days from promulgation of the judgment or from notice of the final order appealed from.
WHEN
Can even be before the CA decision has become final (Guelos v. People) judgment of conviction Neypes rule applies
AVAILED
becomes final
Motion of the accused; motu proprio MTC to RTC – NOA with MTC, service to adverse party (Rule 40)
RTC to CA – NOA to RTC, service to adverse party (Rule 41-esque)
[MTC to RTC] to CA – Rule 42
RTC renders sentence of RPI, or LI – NOA to RTC; service to adverse party
HOW TAKEN RTC renders death penalty – automatic review to CA
CA renders D, RP, LI – Rule 45 to SC
SB (appellate) renders RP or LI – NOA to SC
SB (original) renders RP or LI – NOA
SB all other cases – Rule 45 to SC
Error of law Errors of law or fact in Other considerations for Appeals:
Errors of law or irregularities prejudicial to the substantive rights of the the judgment (1) Publication of NOA – personal service, or substituted service (registered mail)
accused have been committed during trial (2) Waiver of notice – Appellee may waive his right to a notice.
(3) Withdrawal of appeal – allowed as long as before the records are transmitted to the appellate
Newly discovered evidence court; in which case, the judgment shall become final
GROUNDS
(1) New and material evidence (4) Counsel de oficio – court must still appoint on appeal
(2) Accused could not with reasonable diligence have
discovered and produced at the trial Appeal by any of several accused, rules
(3) If introduced and admitted, would probably change the (1) An appeal taken by one or more of several accused shall not affect those that did not appeal,
judgment except insofar as the judgment of the appellate court is favorable and applicable to the latter.
In writing, stating the grounds on which it is based In writing, stating the (must be favorable and must be also applicable to other accused)
grounds on which it is (2) Appeal of the offended party from the civil does not affect the criminal aspect
FORM Newly discovered evidence – motion should also be supported by based (3) Upon perfection of appeal, the execution of judgment shall be stayed as to appealing party.
affidavits of witnesses by whom such evidence is expected to be given
or by duly authenticated copies of the documents Automatic review – in case of DP, to the CA
Allowed if the motion for new trial calls for resolution of any question Denial of appeal – not appealable
HEARING
of fact Improper appeal – does not toll period
Ground of error of law Original judgment shall
All proceeding and evidence affected are set aside and taken anew. The be set aside or vacated, Grounds to denial appeal (by motion or motu proprio)
court can allow additional evidence to be presented. and a new judgment (1) Appellant fails to file his brief within the time prescribed by this Rule, except when appellant
rendered accordingly is represented by counsel de oficio
Ground of newly discovered evidence (2) Appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during
Evidence already adduced shall stands, and newly-discovered evidence the pendency of appeal
EFFECTS (3) Failure of ROA within period prescribed
shall be taken and considered together with the evidence already on
record. (4) Failure to pay docket and other fees
(5) Unauthorized alterations, omissions or additions in the ROA
In general (6) Absence of specific assignment of errors, or page references
Original judgment shall be set aside or vacated, and a new judgment (7) Failure of appellant to complete the steps for correction or completion of record
rendered accordingly (8) Failure to serve and file required copies and/or within the time provided

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M. Search and Seizure 4. Probable cause for issuance

1. Nature of search warrant Requisites for issuance of search warrant
(1) Probable cause is present;
Nature of search warrant – an application for search warrant is not a (2) Such probable cause must be determined and examined
criminal action, and not of the same form as one. It is rather a legal personally by the judge;
process that may be likened to a writ of discovery employed by the State (3) The judge must examine, in writing and under oath or
to procure evidence in a crime affirmation, the complainant and witnesses they may produce;
(4) The applicant and the witnesses testify on the facts personally
Requisites of a search warrant (form) known to them;
(1) It is an order in writing (5) The warrant specifically describes the place to be searched
(2) Issued in the name of the RP and the things to be seized.
(3) Signed by the judge
(4) Directed at a peace office
(5) Commanding such peace officer to search for personal
5. Personal examination by judge of the
property described therein applicant and witnesses
(6) Order to bring the property before the court
Personal examination to be valid
One search warrant per offense rule – No search warrant shall issue for (1) Examination must be personally conducted by the judge
more than one specific offense (2) Examination must be in the form if searching questions and
answers
(3) Complainant and witnesses shall be examined on those facts
2. Distinguish from warrant of arrest personally known to them
(4) Statements must be in writing and under oath
SEARCH WARRANT ARREST WARRANT (5) Sworn statements of the complainant and the witnesses,
Concerned with seizure of Concerned with the seizure of a together with the affidavits submitted, shall be attached to the
personal property subject to an person so he may answer for the record
offense, or those intended to be commission of an offense; taking
used to commit an offense of a person into custody
Applicable must show that the Applicant must show that there is 6. Particularity of place to be searched
items sought are seizable (by probable cause that a crime was
virtue of being connected to committed, and that the person
and things to be seized
criminal activity) and can be to be arrested is guilty thereof
What must be particular
found in the place to be search
(1) Place to be searched – a description is sufficient if the officer
Personal examination of the Personal determination of the
with the warrant can, with reasonable effort, ascertain and
judge is needed judge is enough
identify the place intended, and distinguish it from other
Generally, it is served at the day May be made any time, day or places in the community
time, unless there is direct in the night (2) Property to be seized – description must be so particular that
warrant that it be served day or the officer charged will be left with no discretion respecting
night the property to be taken
Prescribes in 10 days from issue Does not expire, but execution (3) Person to be searched – when his name is states in the
should be in 10 days warrant, or if unknown, that he is designated by words
No need for pending criminal Needs prior case pending already sufficient to be able the officer to identify him without
case to issue difficulty

3. Application, where filed 7. Personal property to be seized

Where to file for a search warrant Personal property to be seized
(1) Primary rule: If action is already filed – where action is pending (1) Subject matter of the offense
(2) GR: In the court within whose territorial jurisdiction the crime (2) Stolen or embezzled and other proceeds or fruits of the
was committed offense
(3) EXC: For compelling reasons (3) Used or intended to be used as a means of committing an
a. Any court within the judicial region where the offense
crime was committed if known
b. Any court within the judicial region where the Requisite witnesses – search of a house, room, or premise must be in the
warrant is to be enforced presence of two witnesses, who is
(1) A lawful occupant thereof or a member of the family
Authority of the EJ and VEJ in Manila and QC – may issue search warrants (2) In the absence of a family members, two witnesses of
for within its judicial region (as of 2021) over the following crimes sufficient age and discretion living in the same locality
(1) Heinous crimes
(2) Illegal gambling
(3) Dangerous drugs 8. Exceptions to search warrant
(4) Illegal possession of firearms requirement
(5) AMLA
(6) Violation of TCC

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a. Search incidental to lawful arrest 9. Remedies from unlawful search and

seizure
Essential requisite – the arrest must come before the lawful search;
nevertheless, a search substantially contemporaneous with arrest is
Remedies
permissible if the police have probable cause to make the arrest at the
(1) MTQ of search warrant
outset of the search
(2) Motion to suppress evidence the object illegal taken
(3) Replevin
Search is limited to the following
(4) Certiorari
(1) Dangerous weapons
(5) File complaint for damages under NCC 32 in relation to NCC
(2) Anything which may be have been used in the commission of
2219 (6) and (10)
an offense
(6) Administrative case
(3) Anything which constitutes proof in the commission of a crime

b. Consented search 10. Cybercrime warrants

Essential requisite – voluntary, therefore: unequivocal, specific, and
intelligently given; uncontaminated by any duress or coercion
c. Search of moving vehicle
Essential requisite – officers conducted the search must have reasonable
or probably cause to believe, prior to the search, that they would find the
instrumentality or evidence pertaining to the crime, in the vehicle to be
searched
d. Check points; body checks in
airport
Requisites for validity
(1) The passengers are not subject to body search
(2) Limited to a visual search only
(3) There should be exceptional circumstances such as
(a) Survival of the government is on the balance
(b) Lives and safety of persons are in peril
(4) Vehicle is not searched
a. Scope and applicability
Applicability of the rule – procedure for the application and grant of
warrants, and related orders involving preservation, disclosure,
interception, search and seize, and/or examination as well as custody,
destruction of computer data under the Cybercrime Prevention Act
b. General provisions
Venue – Criminal actions for violation of the Cybercrime Prevention Act
shall be filed before the cybercrime court in the province or city where
(1) Offense or any of its elements was committed
(2) Any part of the computer used is situated
(3) Any of the damage caused to a person took place
Where to file an application for warrant – the same as above; however,
the cybercrime courts in QC, Manila, Makati, Pasig, Cebu, Iloilo, Davao,
and CDO shall have special authority to act on warrants which shall be
enforceable nationwide and outside of the Philippines
Validity – 10+10 days

e. Plain view situation c. Preservation of computer data

Requisites Subscriber’s information and traffic data – must be kept, retained, and
(1) Prior valid intrusion preserved by a service provided for a period of 6+6 months from date of
(2) Evidence was inadvertently discovered by the police transaction.
(3) Evidence is immediately apparent to be illegal
(4) No further search beyond plain view Content data – period of 6+6 months from date of receipt of order from
law enforcement requiring preservation
f. Stop and frisk situation
d. Disclosure of computer data
Terry search, requisites
(1) Police officer observes unusual conduct e. Interception of computer data
(2) Reasonable suspicion that person is engaged in some type of f. Search, seizure, and examination
criminal activity.
(3) Identifies himself as a policeman upon approach of computer data
(4) Makes reasonable inquiries
(5) There is reasonable fear for his own or other’s safety thus he See page 523-528 of Blue Notes; this is too niche
is entitled to conduct limited search of the outer clothing of
such persons in an attempt to discover weapons that might be
used for assault.
g. Custody of computer data
Custody of computer data – Upon filing of the return for the warrant, all
g. Enforcement of custom laws computer data subject thereof shall be simultaneously deposited in a
sealed package with the same court that issued the warrant;
Self-explanatory. accompanied by a complete and verified inventory of all other items
seized in relation thereto, and an affidavit

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Affidavit, contents
(1) Date of time of conduct EVIDENCE
(2) Particulars of the subject computer data
(3) Manner obtained
(4) Detailed identification of all items seized A. General Principles
(5) Names and positions of authorities who had access
(6) Name of the law enforcement officer who may be allowed o 1. Concept of evidence
access the data
(7) Certification that no duplicates exist Evidence – the means, sanctioned by these Rules, of ascertaining in a
judicial proceeding respecting the truth of a matter of fact

h. Destruction of computer data

2. Scope of the rules of evidence
Destruction
GR: Upon expiration of period to preserve and the period to examine, the Scope of the rules on evidence
service providers and the law enforcement authorities shall immediately GR: All courts and in all trials and hearings judicial in nature
and completely destroy the computer data EXC: Except as otherwise provided by the Rules, such as in
EXC: Court may order a partial destruction or a return to its lawful (1) Naturalization proceedings
possession in the following instances (2) Insolvency proceedings
(1) Motion and due hearing – there is justifiable reasons therefor (3) Cadastral proceedings
(2) Written notice to all parties, if no PI is instituted within 31 days (4) Land registration cases
from deposit; or there is PI but there is no probable cause (5) Election cases
3. Distinguish: proof and evidence
N. Provisional Remedies in Criminal Proof – the result or probative effect of the evidence; when the requisite
Cases quantum of evidence of a particular fact has been duly admitted and given
weight, the result is called the proof of such fact
Provisional remedies under criminal cases – suppletory application from Evidence – the medium or means by which a fact is proved of disproved
rules of civil procedure
(1) Attachment 4. Distinguish: factum probans and
(2) Injunction
(3) Receivership factum probandum
(4) Replevin
(5) Support pendente lite Factum probans – the probative or evidentiary fact tending to prove the
fact in issue; material evidencing the proposition
When attachment is proper Factum probandum – the ultimate fact to be proved, or the very
(1) Accused is about to abscond from the Philippines; proposition to be established
(2) Criminal action is based on a claim of money or property
embezzled or fraudulently misapplied or converted;
(3) When the accused has concealed, removed, or disposed of his 5. Admissibility of evidence
property, or is about to do so; and a. Requisites for admissibility of
(4) When the accused resides outside the Philippines
evidence; exclusions under the
Support pendente lite – only for victims of rape or seduction, in support Constitution, laws, and the Rules
of the offspring
of Court
Requisites to be admissible in evidence – everything goes back to this
(1) Relevant – must have a relation to the fact in issue as to induce
belief in its existence or non-existence
(2) Competent – not excluded in the Constitution, laws, ROC

Some exclusionary rules

(1) 1987 Const.
a. Art. III, Sec. 2 – searches and seizures
b. Art. III, Sec. 3 – privacy of communications
c. Art. III, Sec. 12 (1) – Rights during investigation
d. Art. III, Sec. 17 – self-incrimination
(2) Tax – on documentary stamps
(3) Bank Deposits
(4) Anti-Wire Tapping
(5) ATA
(6) Anti-Torture Act
(7) Adoption cases confidentiality
(8) ADR Confidentiality
(9) Rape Victim Assistance Act

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6. Burden of proof; burden of evidence

b. Relevance of evidence and
collateral matters Burden of proof – duty of the party to present evidence on facts in issue
necessary to establish their claim or defense, by the amount of evidence
required by law; never shifts
Relevance – evidence is relevant if it has such relation to the fact in issue
Burden of evidence – duty of a party to present evidence sufficient to
as to induce a belief in its existence or nonexistence
establish or rebut a fact in issue to establish a prima facie case; shifts from
Competence – facts having reasonable probative value are admissible,
one party to the other
unless some rule or law forbids their admission
Resting and shifting
Collateral matters – refers to matters other than the fact in issue; those
CIVIL CRIMINAL
outside the controversy or are not directly connected with the principal
RESTING OF THE BURDEN OF PROOF
matter of the issue in dispute
Plaintiff has the burden of proof Prosecution has the burden of
Admissibility of collateral matters to show the truth of his proof, because of the pro reo
GR: Evidence on collateral matters are inadmissible allegations, if the defendant doctrine; must prove beyond
EXC: They may be admitted if they tend in any reasonable degree to raises a negative defense reasonable doubt
establish the probability or improbability of the fact in issue Defendant has the burden of
proof if he raises an affirmative
defense on the complaint
c. Multiple admissibility SHIFTING OF THE BURDEN OF EVIDENCE
In the course of trial, once the When a prima facie case is
Rule on multiple admissibility – When proffered evidence is admissible for plaintiff makes out a prima facie established by the prosecution in
two or more purposes, it may be admissible for one purpose but case in their favor, the burden of a criminal case, burden of proof
inadmissible in another; for instance, an extrajudicial confession by one evidence shifts to defendant to does not shift to the defense. It
person binds him but not the people when conspiracy is not proven controversy the prima facie case; remains throughout the trial with
or lese, the verdict must be the party upon whom it is
returned in favor of plaintiff imposed the prosecution.
d. Conditional admissibility
It is the burden of evidence
Rule on conditional admissibility – when a piece of evidence appears to which shifts from party to party
be relevant as it is connected with other pieces of evidence not yet depending upon the exigencies
offered or proved, such piece of evidence may be conditionally admitted of the case in the course of the
provided that its relevancy and competence be established later in time; trial. The accused only has to
if it isn’t, it will be rejected present evidence to equalize his
evidence vs that of the plaintiff,
e. Curative admissibility
7. Presumptions
Rule on curative admissibility – When a party is allowed to present
inadmissible evidence over the objection of the opposing party, such
Presumption – an inference as to the existence or non-existence of a fact
opposing party may be allowed to introduce otherwise inadmissible
which courts are permitted to draw from the proof of other facts
evidence as well in order to contradict the other.

f. Other kind of evidence a. Conclusive presumptions

DIRECT EVIDENCE
That which provides the fact in
dispute without the aid of
inference or presumption
POSITIVE EVIDENCE
When the witness affirms that a
fact did occur; entitled therefore
to greater weight, since the
witness represents the presence
or absence of a fact by their
personal knowledge
COMPETENT EVIDENCE
Evidence that is not excluded by
the Rules, statutes, of the
Constitution
There are only three kinds of conclusive presumptions
CIRCUMSTANTIAL (1) Estoppel in pais – when a party, by their own act or omission,
Evidence that indirectly proves a intentionally and deliberately led another to believe a
fact in issue through an particular thing true and to act upon such belief; effect – they
inference, which the fact-finder cannot be permitted to falsify or deny it; requisites
draws from the evidence a. As to the party to be estopped
established i. Conduct amounting to false
NEGATIVE EVIDENCE representation or concealment
When the witness states that an ii. Intent or expectation that the conduct
event did not occur, or that the be acted upon
state of facts alleged to exist iii. Knowledge of the real facts
actually does not exist b. As to the party claiming estoppel
i. Lack of knowledge as to the truth
ii. Reliance in good faith
CREDIBLE EVIDENCE iii. Prejudice
When evidence is not only (2) Estoppel against a tenant – a tenant is not permitted to deny
admissible, but believable and the title of their landlord at the time of the commencement of
used by the judge in deciding their landlord-tenant relationship
(3) Conclusive presumptions under Rule 39 (see Rule 39)

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Object of judicial notice – convenience and expediency; no need to

b. Disputable presumptions present evidence because the court considers it as true already
There are so many, please see the rules hahahah sorry self
Direct effect – relieves the parties from necessity of introducing evidence
to prove the fact noticed
c. Presumptions in civil actions and
proceedings; against an accused a. Mandatory
in criminal cases Judicial notice, when mandatory
(1) Existence and territorial extent of states
PRESUMPTION EFFECT
(2) Political history of states
Civil actions and Presumption imposes on the party against whom (3) Forms of government and symbols of nationality
proceedings it is directed, the burden of coming forward with (4) Law of nations
evidence to rebut or meet the presumption (5) Admiralty and maritime courts of the world, and their seals
(6) Political institution and history of the Philippines
If the presumptions are inconsistent, the (7) Official acts of the legislative, executive, and judicial
presumption founded on weightier departments of the National Government of the Philippines
considerations of policy shall apply. If of equal (8) Laws of nature
weight, no presumption (9) Measure of time
Writ of Amparo No presumption of regularity for public officers (10) Geographical subdivisions
Custodial No presumption of regularity for official acts
investigation during in-custody investigation Taking judicial notice of previously decided cases
Criminal cases If a presumed fact that establishes guilt is an GR: Courts cannot take notice of a previous case
element of the offense charged or negates the EXC: In the following instances
defense, the existence of the basic fact must be (1) No objection from the opposing party who had knowledge
proven beyond reasonable doubt and the (2) With consent of the parties
presumed fact follows from the basic fact beyond
reasonable doubt Where there can be no judicial notice
(1) Foreign laws
(2) Age in rape cases when alleged to be qualified
8. Construction of the rules of evidence
Construction – liberally construed in order to promote the objective of b. Discretionary
securing a just, speedy, and inexpensive disposition of every action or
proceeding; but this is not a license to disregard evidence or to misapply Judicial notice, when discretionary
the laws (1) Matters of public knowledge
(2) Capable of unquestionable determination (authoritatively
settled), or
9. Quantum of evidence (3) Ought to be known to the judges because of their judicial
functions
QUANTUM APPLICABLE
Proof beyond reasonable doubt Conviction in criminal cases Judicial notice, when hearing is necessary
Clear and convincing evidence Extradition (1) During trial or pre-trial – on any matter
Charges against judges/justices (2) Before judgment or on appeal – if such matter is decisive of a
Preponderance of evidence Civil cases material issue
Substantial evidence Administrative cases
Cases before QJ bodies
Writ of amparo 3. Judicial admissions
Judicial admission – admissions whether oral (by testimony) or written (in
B. Judicial Notice and Judicial Admissions the pleadings) that were made by a party in the course of the proceedings
in the same case
1. What need not be proved
JUDICIAL ADMISSION EXTRAJUDICIAL ADMISSION
What need not be proved Made in the course of the Out of court declarations, or in a
(1) Facts that are presumed under presumptions proceedings in the same case judicial proceeding other than
(2) Facts of judicial notice the one under consideration
(3) Facts that are admitted judicially Conclusion upon the admitter, Rebuttable
(4) Matters of local law subject to some exceptions
Does not require proof Requires from that the admission
2. Matters of judicial notice was made

Judicial notice – cognizance of certain facts which judges may properly a. Effect of judicial admissions
take and act on without proof, because they already know them
Effect – no longer requires proof; binds the admitter

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4. Chain of custody in relation to Section

b. How judicial admissions may be 21 of the Comprehensive Dangerous
contradicted Drugs Act of 2002
Contradicting judicial admissions Non-compliance with the chain of custody
GR: A judicial admission is conclusive upon the party making it, and does GR: Fatal; arrest becomes illegal
not require proof EXC: Non-compliance is not fatal, and will not make the accused’s arrest
EXC: They are contradicted by showing that illegal nor render the items seized as inadmissible, provided
(1) The admission was made through palpable mistake or (1) There is justifiable ground for break in the chain and
(2) That the imputed admission was not in fact made (2) The integrity and evidentiary value of the items are properly
preserved anyway
c. Pre-trial admissions
Chain of custody
(1) Inventory and photographing of the items seized in the
ADMISSIONS IN PT-CIVIL ADMISSIONS IN PT-CRIMINAL
presence of the accused, his representative or counsel, with
Admissions in PT, as well as those The admission must be
an elected official, and a representative of the National
in depositions (MOD), or in sworn (1) Reduced in writing
Prosecution Services or the media who shall be required to
responses to interrogatories, are (2) Signed by counsel
sign the copies of the inventory and be given a copy
deemed judicial admissions, (3) Signed by accused
(2) Submission of the article within 24 hours to the PDEA Forensic
since they are made in the course In order for the accused to be
Laboratory for examination
of proceeding of the case bound
(3) Certification of the results of the laboratory examination
immediately from the receipt of the subject items
C. Object (Real) Evidence (4) Filing of a criminal case in court
(5) Ocular inspection of the court of the subject seized,
1. Nature of object evidence confiscated or surrendered
(6) Within the next 24 hours, the burning or destroying of the
Object evidence – those addressed to the senses of the court; when an items in the presence of the accused, representative of the
object is relevant to the fact in issue, it may be exhibited to, examined or media, DOJ, civil society, and any elected public official
viewed by the court (7) Sworn certification of disposal
(8) Submission of a sworn certificate of destruction to the court
Limitations on the use of object evidence – the court may refuse the (9) After judgment, the representative sample with leave of court
introduction of the object evidence when shall be turned over to the PDEA which shall destroy within 24
(1) Exhibition of such object is contrary to morals or decency hours
(2) To require its being viewed in court or in ocular inspection (10) DDB shall be informed of the termination of the case
would result in delays, inconvenience, unnecessary expenses
(3) Object evidence would be confusing or misleading
(4) Other evidence already presented clearly portrays the object
5. DNA Evidence
in question, and viewing it would be unnecessary a. Meaning of DNA
2. Requisites for admissibility DNA – Deoxyribonucleic acid is a molecule that encodes the genetic
information in all living organisms
Requisites for admissibility
DNA evidence – totality of the DNA profiles, results, and other genetic
(1) Relevant to the fact in issue
information directly generated from DNA testing of biological samples
(2) Must be authenticated before it is admitted
(3) Authentication must be made by a competent witness
(4) Object must be formally offered in evidence b. Application for DNA testing order
3. Categories of object evidence Who may apply – a person who has legal interest in the ligation, before
the appropriate court, at any time
Categories of object evidence
Requisites for issuance
(1) Physical evidence
(1) A biological sample exists, and is relevant to the case
a. Unique objects – those with identifiable marks (like
(2) Biological sample
a gun with serial number)
a. Was not previously subjected to the type of DNA
b. Objects made unique – those without identifiable
marks but are made readily identifiable (inukit sa testing now requested or
bato emz) b. Was previously subject to testing, but the results
c. Non-unique objects – neither of the above (drugs) may require confirmation for good reasons
(2) Demonstrative evidence – like diagrams, maps, models to (3) DNA testing uses a scientifically valid technique
depict the object evidence (4) DNA testing has the scientific potential to produce new
information relevant to the proper resolution of the case
(5) Existence of other facts which the court may consider,
potentially affecting the accuracy or integrity of DNA testing
(6) Prima facie showing of relationship or paternity

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(2) The results of the DNA testing in the light of the totality of the
other evidence presented in the case; and that

c. Post-conviction DNA testing; (3) DNA results that exclude the putative parent from paternity
remedy shall be conclusive proof of non-paternity. If the value of the
Probability of Paternity is less than 99.9%, the results of the
Post-conviction DNA testing – a person under a final and executory DNA testing shall be considered as corroborative evidence. If
judgment may still avail himself of DNA testing; requisites the value of the Probability of Paternity is 99.9% or higher
(1) A biological sample already exists there shall be a disputable presumption of paternity.
(2) Such sample is relevant to the case
(3) The testing would probably result in the reversal or
modification of the judgment of conviction
D. Documentary Evidence
No need for court approval 1. Meaning of documentary evidence
d. Assessment of probative value of Documentary evidence – consists of
(1) Writing
DNA evidence and admissibility (2) Recordings
(3) Photographs or any material containing
Considerations of the court in determining probative value a. Letters
(1) How the samples were collected b. Words
(2) How they were handled c. Sounds
(3) Possibility of contamination d. Numbers
(4) Procedure followed in analyzing the samples e. Figures
(5) Whether proper standards of procedure were followed in f. Symbols
conducting the tests g. Or their equivalent
(6) Qualifications of the analyst who conducted the test (4) Other modes of written expression offered as proof of their
contents
Assessment of probative value of DNA evidence
(1) The chair of custody, including how the biological samples
were collected, how they were handled, and the possibility of 2. Requisites for admissibility
contamination of the samples; 

(2) The DNA testing methodology, including the procedure Requisites of admissibility – relevant and competent, as always
followed in analyzing the samples, the advantages and
disadvantages of the procedure, and compliance with the
3. Original document rule
scientifically valid standards in conducting the tests; 

(3) The forensic DNA laboratory, including accreditation by any a. Meaning of the rule
reputable standards-setting institution and the qualification of
the analyst who conducted the tests. If the laboratory is not Original document rule – when the subject of the inquiry is the contents
accredited, the relevant experience of the laboratory in of the writing, then the original of such writing must be produced.
forensic casework and credibility shall be properly established;
(4) The reliability of the testing result, as hereinafter provided. 

b. When not applicable
e. Rules on evaluation of reliability of Exceptions, and their requisites
the DNA testing methodology EXCEPTION REQUISITES
(1) Document is lost, destroyed, or cannot be
Reliability of DNA testing methodology produced; proof of loss
Lost or
(1) The falsifiability of the principles or methods used, that is, (2) No bad faith on the part of offeror
destroyed
whether the theory or technique can be and has been tested; (3) Proof of its existence
document
(2) The subjection to peer review and publication of the principles (4) Due execution
or methods; 
 (5) Contents of the document
(3) The general acceptance of the principles or methods by the (1) There is satisfactory proof of its existence
Custody of
relevant scientific community; 
 (2) Possession or control is with adverse party
the
(4) The existence and maintenance of standards and controls to (3) Notice was given to produce
opposing
(4) Failure or refusal of the opposing party to
ensure the correctness of data generated; 
 party
produce
(5) The existence of an appropriate reference population
(1) Originals must be voluminous that great
database; and 

loss of time would result
(6) The general degree of confidence attributed to mathematical
Voluminous (2) Fact sought to be established is the general
calculations used in comparing DNA profiles and the
records result of the whole
significance and 
limitation of statistical calculations used in
(3) Originals must be made available for
comparing DNA profiles.
viewing
(1) Public record
Reliability of the testing result itself Public
(2) In the custody of a public officer or
(1) The evaluation of the weight of matching DNA evidence or the record
recorded in a public office
relevance of mismatching DNA evidence;
Catch-all Not closely-related to a controlling issue.

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b. Probative value of electronic

c. Meaning of original document
and duplicate
What are originals
(1) Document itself
(2) Any counterpart intended to have the same effect by a person
executing or issuing it
(3) For photographs: negative or any print from the negative
(4) If data is stored in a computer or similar device: printout, or
any other output readable by sight or other means, shown to
reflect the data accurately
What are duplicates – a counterpart of the original, produced by
(1) The same impression as the original or from the same matrix
(2) Means of photography, including enlargements or miniatures
(3) Mechanical or electronic re-recording
(4) Chemical reproduction
(5) Other equivalent techniques that accurately reproduce the
original
Effects of originals and duplicates
GR: The duplicate is admissible to the same extent as the original, and
qualifies as the original in the original document rule
EXC:
(1) A genuine question is raised as to its authenticity
(2) In the circumstances, it is unjust or inequitable to admit the
duplicate in lieu of the original
documents or evidentiary weight;
method of proof
Factors in determining probative value of documentary evidence
(1) The reliability of the manner or method in which it was
generated, stored or communicated, including but not limited
to input and output procedures, controls, tests and checks for
accuracy and reliability of the electronic data message or
document, in the light of all the circumstances as well as any
relevant agreement;
(2) The reliability of the manner in which its originator was
identified;
(3) The integrity of the information and communication system in
which it is recorded or stored, including but not limited to the
hardware and computer programs or software used as well as
programming errors;
(4) The familiarity of the witness or the person who made the
entry with the communication and information system;
(5) The nature and quality of the information which went into the
communication and information system upon which the
electronic data message or electronic document was based; or
(6) Other factors which the court may consider as affecting the
accuracy or integrity of the electronic document or electronic
data message.
Method of proof – Affidavit evidence, which sets forth all matters relating
to the admissibility and evidentiary weight of an electronic document

c. Authentication of electronic
d. Secondary evidence; summaries
documents and electronic
Secondary evidence – when the exceptions to the original document rule signatures
are invoked, the following documentary evidence will take its place and
not violate the rule Burden of proving authenticity – the person seeking to introduce the
electronic documents in any legal proceeding
EXCEPTION SECONDARY
Lost or destroyed (Section 3a) (1) Copy Manner of authentication of document – through the following means
(2) Recital of contents in (1) By evidence that it had been digitally signed by the person
some authentic purported to have signed the same;
document (2) By evidence that other appropriate security procedures or
Adverse party’s control
(3) Testimony devices as may be authorized by the Supreme Court or by law
(Section 3b)
for authentication of electronic documents were applied to
In this order. the document; or
(3) By other evidence showing its integrity and reliability to the
Voluminous (Section 3c) Chart, summary, or calculation satisfaction of the Judge.
Certified copy issued by the public
Public record (Section 3d)
officer in custody Manner of authentication of signature – to be admissible as any other
signature, it must be authenticated in the any of the following manners
(1) By evidence that a method or process was utilized to establish
4. Electronic evidence a digital signature and verify the same;
a. Meaning of electronic evidence; (2) By any other means provided by law; or;
(3) By any other means satisfactory to the judge as establishing
electronic data message the genuineness of the electronic signature.

Electronic document – information or representation thereof, data,

figures, symbols, other modes of written expression, by which a right is
established or an obligation is extinguished, or by which a fact may be
proved and affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically
Electronic data message – information generated, sent, received or
stored by electronic, optical, or similar means
d. Electronic documents and the
hearsay rule
Electronic evidence as functional equivalent – Whenever a rule of
evidence refers to a writing, document, record, instrument, memo, or any
other form of writing, such shall be deemed to include an electronic
document

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(5) No objection is made

Other rules on electronic evidence has been absorbed by the 2019 Rules (6) Independent agreements

e. Audio, photographic, video, and c. Distinguish: original document

ephemeral evidence rule and parol evidence rule
Electronic evidence PAROL EVIDENCE ORIGINAL DOCUMENT
(1) Audio, video, and similar evidence of events, acts, or It presupposes that the original Establishes a preference for the
transactions, Provided document is available in court original document over the
a. It shall be shown, presented, displayed to the court secondary evidence therefor
b. It shall be identified, explained, or authenticated by Precludes the admission of other Precludes the admission of
i. The person who made the recording, or evidence to prove the terms of secondary evidence if the original
ii. Some other person competent to the agreement, outside of the document is available
testify on the accuracy thereof contents of the agreement itself,
(2) Ephemeral electronic communications – recording of a for the purpose of varying the
telephone conversation (same rules as above), and proven by terms of the writing
a. Person who was party to the communication Can be invoked only by the Can be invoked by any litigant to
b. Has knowledge thereof parties to the document and an action, whether or not such
c. In the absence of the above, other competent their successors-in-interest litigant is a party to document
evidence may be admitted Applies to written agreements Applies to all kinds of contracts
and wills
5. Parol evidence rule When the subject of the inquiry is When the subject of the inquiry is
the terms of the agreement, one the contents of the writing, he
a. Application must read the agreement itself, must look at the original writing.
and not turn to external evidence
Parol evidence – any evidence aliunde (extraneous evidence), whether
oral or writing, which is intended or tends to vary or contradict a complete
and enforceable agreement embodied in a document
6. Authentication and proof of
documents
Parol evidence rule
GR: When there is a written agreement, then all the terms agreed upon a. Meaning of authentication
as between the parties are embodied in such agreement. No other
evidence as to contents will be considered. Authentication – process of proving the due execution and genuineness
EXC: A party may present evidence to of a document; essential in order to be admissible
(1) Modify
(2) Explain or
(3) Add to the terms
b. Classes of documents
By verified pleading, on specific instances in the law
PUBLIC DOCUMENTS PRIVATE DOCUMENTS
Admissible without further proof Before admitted into evidence as
b. When it can be introduced as to its due execution and authentic, its due execution and
genuineness authenticity must be proved
Exceptions to parol evidence Can be used in evidence even Binds only third parties and
(1) Intrinsic ambiguity, mistake or imperfection in the written against 3P of the fact which gave privies to the private writing, as
agreement – There is a recognized exception of collateral rise to its due execution and of to the due execution and date of
agreements that are not inconsistent to the written the date of the latter the document
agreement. They will be admitted to clear any ambiguity or (1) Official documents All others
imperfection. (2) Acknowledged
(2) Failure of the agreement to express the true intent and documents
agreement of the parties thereto – If it is not the true intent of (3) Public documents
the parties, then other evidence can be presented to exhibit under conventions
such true intent. However, parole evidence cannot be (4) Public records kept in
admitted to incorporate other conditions contemporaneous the Philippines of
to the contract, with no allusion of an external agreement private documents
(3) The validity of the written agreement itself – When the
agreement of the parties is made contingent on the
occurrence of an event embodied in another contract, then c. When a private writing requires
such other contract may be made if an allusion was made in authentication; proof of a private
the main agreement; similarly parol evidence is admissible to
show inducement that gave rise to consent, and thus, validity writing
of the agreement itself.
(4) Existence of other terms agreed to by the parties or When a private document requires authentication – when it is being
successors, after the execution of the written agreement – If offered as authentic
subsequent agreements were entered into, then parole
evidence may be admitted.

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Means of proving private documents ii. If not party, the certification must
(1) By anyone who saw the document executed or written; be made by any of the following
(2) By evidence of the genuineness of the signature or 1. Secretary of embassy
handwriting of the maker, subject to rules on genuineness of 2. Consul general
handwriting (see below) 3. Consul
(3) By other evidence showing its due execution and authenticity 4. Vice consul
5. Consular agent
6. Any other PH officer
d. When evidence of authenticity of stationed abroad
a private writing is not required Contents of attestation
(1) Statement that the copy is a correct copy
When evidence of authenticity of private writing is not required (2) Must be under the official seal of the attesting officer
(1) When it is not being offered as authentic anyway PUBLIC RECORD OF PRIVATE DOCUMENT
(2) When the genuineness and authenticity of an actionable Public records, kept in the Philippines, of private documents required
document was not denied under oath – deemed admitted by law to be entered therein.
(3) When the genuineness and authenticity of the document was How to prove
admitted judicially (1) By the original record itself
(4) Ancient documents (2) By a copy thereof
a. With attestation by the legal custodian
Ancient document rule – Requisites of an ancient document b. With certificate that such officer has custody
(1) More than 30 years old NOTARIZED DOCUMENT
(2) Produced from a custody in which it would naturally be found Documents acknowledged before a notary public except wills.
if genuine How to prove – certificate of acknowledgment is prima facie evidence
(3) Unblemished by any alterations or circumstances of suspicion of execution of instrument or document involved.

e. Genuineness of handwriting g. Proof of lack of record

How handwriting is proven When there is no such record of private document in public records –
(1) By witness who believes it to be the handwriting because There must be a written statement by an officer having custody of the
a. They saw the person write official record, stating that
b. They have seen writing purporting to be his or hers, (1) Despite diligent search, no record is found to exist
which the witness has acted or been charged, and (2) With certification
has thus acquired knowledge of the handwriting of
such person
(2) By comparison by witness or the court, with writing admitted h. How a judicial record is
or treated as genuine by the party against whom the impeached
document is offered, or proved to be genuine to the
satisfaction of the judge. Judicial record – records of judicial proceedings; includes official entries
or files, official acts of a judicial officer, and judgments of the court
f. Public documents as evidence;
Grounds to impeach
proof of official record (1) LOJ of court or judicial officer
(2) Collusion between parties
Public documents as evidence, in general – prima facie evidence of the (3) Fraud in the party offering the record, with respect to the
facts therein stated, provided (requisites) proceedings
(1) They are entries in public records
(2) Made in the performance of a duty of a public officer
i. Alterations in a document
Proof of public records
OFFICIAL RECORDS Accounting for alterations – The party producing a document as genuine,
The written official acts, or records of the sovereign authority, official which
bodies and tribunals, and public officers, whether of the Philippines, (1) Has Been altered
or of a foreign country (2) Appears to have been so altered after execution
How to prove (3) Such alteration is material to the question of dispute
(1) By the official publication itself Must account for the alteration
(2) By a copy
a. With an attestation by the officer having legal How to account for alteration
custody of the record, or by his deputy (1) The alteration was made by another, without his or her
b. If not in the Philippines, in addition to concurrence; or
attestation: authenticated by the seal of the (2) It was made with the consent of the parties affected by it; or
foreign legation, with a certificate that such (3) It was otherwise properly or innocently made; or
officer has custody, subject to rules on form (4) The alteration did not change the meaning or language of the
i. If the foreign country is party to a instrument
convention, then in the form of the
convention (Apostille) Effect of not being able to account – document is inadmissible

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(3)The confidential communication was received during the

subsistence of the marriage
EXC: A spouse can testify of a marital communication when
j. Documentary evidence in an (1) Consent of the other spouse
unofficial language (2) In a civil case instituted by one against the other
(3) In a criminal case for a crime committed by one against the
Documents in an unofficial language other, or the latter’s direct ascendants or descendants
GR: Documents written in an unofficial document shall not be admitted (4) Failure to object
into evidence
EXC: It can still be admitted if accompanies with a translation into English Who invokes – the spouse against whom the testimony is given
or Filipinos; to avoid interruptions in proceedings, the parties or their
counsel are directed to have such translation ready before trial MARITAL DQ MARITAL PRIVILEGED COMM
Does not refer to confidential Refers to the confidential
communications bet. Spouses communications received by one
E. Testimonial Evidence spouse from the other during the
subsistence marriage
1. Qualifications of a witness Includes facts, occurrences, or Applies only to confidential
information even before the information that was received
Who can testify – all person who can perceive, and perceiving, can make marriage. The scope of the rule is during the marriage
known their perception to others. that as long as you are married,
you generally cannot testify
What can be testified on – only those facts they know of their personal against your spouse
knowledge, as derived from their own perception The rule therefore cannot be The spouse affected by the
invoked if the marriage is disclosure may object even after
Abilities a valid witness must have – ability to dissolved. the dissolution of the marriage.
(1) To observe testimonial quality of perception One spouse must be a party to No such requirement
(2) To remember that perception the action
(3) To relate the perception Prohibition is directed at What is prohibited is the
(4) That that he as to recognize a duty to tell the truth, under oath testimony against the other examination of a spouse as to
or affirmation matters received in confidence

2. Disqualifications of witnesses ii. Attorney and client;

a. Disqualification by reason of exceptions
marriage
Attorney-client privilege
Disqualification by reason of marriage GR: A lawyer cannot be examined on communications made to the client,
GR: Spouse cannot testify against the other, requisites or by the client; requisites
(1) Marriage must be subsisting when the testimony is sought (1) Legal profession
(2) Either spouse must be a party to the case a. Person involved:
EXC: Spouse can testify against the other i. Attorney
(1) Consent of the other spouse ii. Person reasonably believed by the
(2) In a civil case instituted by one against the other client to be licensed to engage in the
(3) In a criminal case for a crime committed by one against the practice of law
other, or the latter’s direct ascendants or descendants b. Such person cannot be examined, except with
(4) Failure to object consent of the client
c. Subject matter:
Duration of privilege – only for as long as the marriage lasts i. Any communication made by the client
to him or her, or
Who invokes – the spouse against whom the testimony is given ii. His or her advice given thereon
in the course of or with view to professional
employment
b. Disqualification by reason of (2) Secretary
privileged communications; rule a. Person involved: Attorney’s secretary,
stenographer, clerk, other person assisting the
on third parties attorney
b. Such person cannot be examined without consent
i. Husband and wife of the client and the employer
c. Subject matter: Any fact the knowledge of which
Privileged communications between husband and wife has been acquired in such capacity
GR: A spouse cannot testify about communications made between by the EXC:
other spouse; requisites (1) Consent of required persons specified above
(1) There must be a valid marriage between the husband and (2) Failure to object
wife, but it need not be subsisting anymore (3) Furtherance of crime or fraud. If the services or advice of the
(2) There is a communication received in confidence by one from lawyer were sought or obtained to enable or aid anyone to
the other

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commit or plan to commit what the client knew or reasonably

should have known to be a crime or fraud;
iv. Priest and penitent
(4) Claimants through same deceased client. As to a 

Spiritual privilege, elements
communication relevant to an issue between parties who
(1) Person involved
claim through the same deceased client, regardless of
a. Minister or priest
whether the claims are by testate or intestate or by inter vivos
b. Person believed to be a minister or priest
transaction; 
 (2) Subject matter:
(5) Breach of duty by lawyer or client. As to a communication a. Communication or confession made by penitent
relevant to an issue of breach of duty by the lawyer to his or b. Advice given by priest
her client, or by the client to his or her lawyer; 
 When such was given in their professional character, in the
(6) Document attested by the lawyer. As to a communication course of disciplined enjoyed by the church he belongs to
relevant to an issue concerning an attested document to
which the lawyer is an attesting witness; or 

(7) Joint clients. As to a communication relevant to a matter of v. Public officers
common interest between two or more clients if the
communication was made by any of them to a lawyer retained Public officer privilege, elements
or consulted in common, when offered in an action between (1) Privilege subsists during their tenure
any of the clients, unless they have expressly agreed (2) Subject matter: Communications made to him in official
otherwise. confidence
(3) Qualifying: When the court finds that public interest would
Privileged nature of client’s identity suffer by the disclosure
GR: Client’s identity is not privileged
EXC: It is privileged when
(1) Where a strong probability exists that revealing the client’s
c. Parental and filial privilege rule
identity would implicate him in the activity for which he sought
the lawyer’s advice. Parental and filial privilege
(2) Where disclosure would open the client to civil liability. GR: Elements
(3) Where the government’s lawyers have no case against an (1) No persons shall be compelled to testify
attorney’s client unless, by revealing the client’s name, the (2) Against their
said name would furnish the only link that would form the a. Parents, and other direct ascendants
chain of testimony necessary to convict an individual of a b. Children, and other direct descendants
crime (Regala doctrine) EXC: When such testimony is indispensable in a crime against that person,
or by one parent against the other

iii. Physician and patient Who invokes – the person who is going to testify

Physician-patient privilege
GR: Requisites
d. Trade secrets
(1) Person involved
a. Psychotherapist Trade secrets privilege
i. Person licensed to practice medicine GR: A person cannot be compelled to testify about any trade secret
engaged in the diagnoses or treatment EXC: When compulsion to testify is allowed, instances
of a mental or emotional condition, or (1) The non-disclosure will conceal fraud
ii. Person licensed as a psychologist by the (2) The non-disclosure will work injustice
government while similarly engaged [as
a psychologist] Who invokes – the person who is going to testify
b. Person reasonably believed by the patient to be
authorized to practice medicine or psychotherapy e. Third persons
(2) This person cannot be examined in a civil case, unless there is
consent from the patient The communications above shall remain privileged, even in the hands of
(3) Subject matter: Confidential communication made for the a third person who may have obtained the information, provided that the
purpose of diagnoses or treatment of the patient’s physical, original parties to the communication took reasonable precaution to
mental, or emotional condition, between the person and the protect confidentiality.
patient.
(4) Extended privilege to: Persons who participated in the
diagnoses or treatment of the patient, under the direction of 3. Examination of a witness
the physician or psychotherapist i.e. family members
EXC/EXCLUSIONS a. Rights and obligations of a
(1) Criminal case witness
(2) When the testimony refers to information regarding a patient
which the physician acquired before the relation Obligation of a witness – A witness must answer question, although their
(3) Failure to object answer may tend to establish a claim against them; if not, they can be
(4) Physician acted for purposes other than to prescribe punished for contempt
(5) When information was not necessary for treatment
(6) Damages by patient against physician
(7) If the doctor was only presented as expert witness

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Rights of a witness
(1) To be protected from irrelevant, improper, insulting
ii. Own witness
questions, and from harsh or insulting behavior
Impeaching own witness
(2) Not to be detained longer than the interests of justice require
GR: A party producing a witness is not allowed to impeach their own
(3) Not to be examined, except as to matters pertinent to the fact
witness’s credibility
in issue
EXC:
(4) Not to give an answer which will tend to subject them to
(1) Hostile or unwilling witness
penalty (against self-incrimination)
(2) When their witness is the adverse party
(5) Not to give answer which will tend to degrade their reputation,
(3) If the witness is not voluntary offered but is required by law to
unless it be the very fact in issue (against self-degradation)
be presented by the proponent

b. Order in the examination of an Unwilling or hostile – can only be considered as such when the court
declares the witness to be so, upon adequate showing of the witness’s
individual witness (1) Adverse interest,
(2) Unjustified reluctance, or
Order in examination of a witness (3) Their having misled the party to call them to the witness stand
(1) Direct
(2) Cross How to impeach own witness
(3) Re-direct (1) Evidence contradictory to witness’s testimony
(4) Re-cross (2) Prior inconsistent statements

c. Leading and misleading questions iii. How the witness is

Leading question – question which suggests to the witness the answer impeached by evidence of
which the examining party requires inconsistent statements
GR: Not allowed
EXC: Allowed in the following instances Prior inconsistent statements
(1) Cross GR: A witness cannot be impeached by proof of inconsistent statements,
(2) Preliminary matters until the proper foundation or predicate has been laid
(3) When there is difficulty in getting direct and intelligible EXC:
answers from (1) Failure to lay the predicate may be waived, by failure of the
a. A witness who is ignorant adverse party to object.
b. A child of tender years (2) If the prior inconsistent statement appears in a deposition of
c. Witness who is of feeble mind the adverse party, and not a mere witness – they are
d. Deaf-mute admissions by the party
(4) Unwilling or hostile witness (3) Where the previous statements of a witness are offered as
(5) Witness who is evidence of admission, not to impeach
a. Adverse party
b. Officer, director, manager of juridical adverse party How to lay the predicate, requisites
(1) By relating to him or her such statements with the
Misleading question – one which assumes as true a fact that is circumstances of the times and places, the persons present.
(1) Not yet testified to by the witness or (2) By asking him or her whether he made such statements
(2) Contrary to that which he has already stated (3) By giving him or her a chance to explain the inconsistency.
(4) If the statements are writing, they must be shown to the
d. Impeachment of witness witness before any question is asked concerning the same

i. Adverse party’s witness e. Referral of witness to

How to impeach an adverse party-witness
(1) Contrary evidence
(2) Evidence that their general reputation (and not character) for
truth, honesty, and integrity is bad
(3) Evidence that they have made at other times statements
inconsistent with their present testimony (prior inconsistent
statement)
Particular wrongful acts
GR: The adverse party witness cannot be impeached by evidence of
particular wrongful acts
EXC: Prior conviction of an offense, provided
(1) Crime was punishable by a penalty in excess of one year or
(2) The crime involves moral turpitude
memorandum
Refreshing recollection – A witness may be allowed to refresh their
memory respect a fact, of
(1) Anything written or recorded by them, or
(2) The same under their direction at the time the fact occurred,
or immediately after, or
(3) At any time when the fact was fresh in their memory and they
knew the same was correctly written or recorded
No recollection – A witness may also testify from such writing or record,
even if they retain no recollection of the particular facts if they are able
to swear that the writing correctly stated the transaction; such evidence
must be received with caution

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f. Examination of a child witness
i. Applicability of the rule
Application – examination of child witness who are
(1) Victims of a crime
(2) Accused of a crime
(3) Witnesses to a crime
Proceedings – all criminal and non-criminal proceedings
ii. “Child witness”
Child witness – any person who at the time of testimony is below 18; for
child abuse, even one above 18, who is unable to take care of himself or
protect himself from abuse because of a disability
iii. Competency
Competency – every child is presumed qualified to be a witness
Competency examination – examination to test the competency of a child
witness, when contested by a party; only the following are allowed to
attend the hearing
(1) Judge and necessary court personnel
(2) Counsel for parties
(3) Guardian ad litem
(4) One or more support persons from the child
(5) Defendant, unless the court determines the competence can
be fully evaluated with him
iv. Examination
How examination of child witness is conducted, features
(1) Open court
(2) The answers of the witness shall be given orally, unless they
are incapacitated to speak or the if the question calls for
another mode of answer
(3) There can be exclusion from the court room all persons who
do not have a direct interest in the case
(4) There can be complete exclusion of the public if the evidence
is sensitive
(5) An interpreter can be appointed motu proprio or upon motion
if the child is unable to communicate, cannot understand the
language, is shy, or similar reasons
(6) A facilitator may also be appointed i.e. psychologist, social
worker, psychiatrist, guidance counsel etc, who will receive
the questions for the child
v. Live-link TV testimony of a
child witness
Livestream testimony, features
(1) Upon motion of prosecutor, counsel, or guardian ad litem, at
least 5 days before trial date
(2) Order would be that the testimony of the child will be taken in
a room outside the courtroom, and be televised in the court
room via live-link TV
(3) When allowed – when there is substantial likelihood that the
child would suffer trauma from testifying in the presence of
the accused, his counsel or the prosecutor; such trauma is of
the kind that would impair the completeness or truthfulness
of the testimony
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(4) Child can be allowed to enter the courtroom briefly to identify
the accused; or he can just observe the image of the accused
on the TV
(5) The testimony shall be preserved on digital devices, which
shall be subject to protect order and is part of record
vi. Videotaped deposition of
a child witness
Taking of deposition of a child witness, features
(1) Upon application of prosecutor, counsel, or guardian ad litem,
that deposition be taken of the testimony of the child, and that
the same be recorded and preserved on video
(2) When allowed – if court finds that the child will not be able to
testify in open court at trial
(3) Judge shall preside at the deposition
(4) Objections shall be made and ruled upon at the time of taking
of deposition
(5) The video deposition shall be preserved also by TSN
(6) When admitted to evidence – when the child cannot testify in
open court, or under Rule 23 (DOSUE)
vii. Hearsay exception in child
abuse cases
Not hearsay – statements of a child, describing any act or attempted act
of child abuse, that would have otherwise been hearsay, are not hearsay,
subject to the following rules
(1) Before the statement is admitted, the proponent shall make
known to the adverse party the intention to offer such
statement, and its particulars – so he may object
a. If child is available, the child can be required to be
present for cross-examination
b. If unavailable, the fact of such circumstance must
be proved by proponent, and his hearsay
testimony shall be admitted only if corroborated
(2) In ruling on admissibility, the court must consider the time,
content, and circumstances thereof which provide sufficient
indicia of reliability
(3) A child is deemed unavailable in the following occasions
a. Diseased, suffers from physical infirmity, lack of
memory, mental illness, or will be exposed to
severe psychological injury
b. Absent from the hearing, and the proponent of his
statement has been unable to procure his
attendance by process or other reasonable means
viii. Sexual abuse shield rule
Sexual abuse shield rule
GR: The following evidence is not admissible in any criminal proceeding
involving alleged sexual abuse
(1) That offered to prove that the alleged victim engaged in other
sexual behavior
(2) Evidence offered to prove the sexual predisposition of the
alleged victim
EXC: Evidence of specific instances of sexual behavior of the victim, to
prove that a person other than the accused was the source of semen,
injury, or other physical evidence is admissible
 REMEDIAL LAW
ix. Protective orders
Protection orders for recordings of the child as part of court record,
features
(1) Tapes may be viewed only by parties, their counsel, their
expert witness, and the guardian ad litem. None of these
people may divulge the tapes or any portion thereof to any
other person, except as necessary for the trial nor shall they
be given, loaned, sold or shown to any other person except by
order of the court
(2) No person shall be granted access to the tape, its transcription
or any part thereof unless he signs a written affirmation that
he has received and read a copy of the protective order; that
he submits to the jurisdiction of the court with respect to the
protective order; and that in case of violation thereof, he will
be subject to the contempt power of the court.
(3) Within thirty (30) days from receipt, all copies of the tape and
any transcripts thereof shall be returned to the clerk of court
for safekeeping unless the period is extended by the court on
motion of a party.
(4) This protective order shall remain in full force and effect until
further order of the court.
(5) Each of the tape cassettes and transcripts thereof made
available to the parties, their counsel, and respective agents
shall bear a cautionary notice stating these provisions.
4. Admissions and confessions
a. Admission by a party
Party admissions rule – the act, declaration, or omission of a party as to a
relevant fact may be given in evidence against them.
When is an admission admissible – when
(1) It involves matters of fact and not of law
(2) It is categorical and definite
(3) It is knowingly or voluntarily made and
(4) It is adverse to the admitter’s interest
If not, it is self-serving and is inadmissible.
Two types of admissions
JUDICIAL ADMISSION EXTRAJUDICIAL ADMISSION
Made in the course of Out of court declaration
proceedings in the same case
Does not require proof; deemed Requires proof; must be formally
part of the record offered in evidence
Conclusive upon the admitter but Rebuttable
can be contradicted
Admissible even if self-serving Not admissible if self-serving
Self-serving declarations
GR: Not admissible
EXC: Admissible in the following instances
(1) Diaries, if it is against interest, or if it is in the nature of books
of accounts. Letters prepared not in anticipation of litigation
are not considered self-serving declarations.
(2) Part of the res gestae, which covers spontaneous statements
and verbal acts.
(3) When in the form of complaint and exclamations of pain and
suffering.
(4) When part of a confession offered by the prosecution. (such
as those favorable to the accused, e.g., I shot him because he
was going to stab me.)
(5) When the credibility of a party has been assailed on the
ground that his testimony is a recent fabrication.
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(6) When offered by the opponent.
(7) When offered without objection or there is waiver
b. Res inter alios acta rule
c. Admission by third party (Br. I)
Res inter alios acta – a thing done among some persons ought not to do
harm to another; has two branches
(1) The rights of a party cannot be prejudice by an act,
declaration, or omission of another (admission by third party)
(2) Evidence of one’s previous conduct or similar acts at one time
is not admissible to prove that he did or did not do the same
or a similar act at another time (similar acts rule)
Application – res inter alios acts only applies to extrajudicial declarations
Exceptions to res inter alios acta (Br. I)
(1) Admission by a co-partner or co-agent
(2) Admission by a co-conspirator
(3) Admission by privies
(4) Admission by silence
(5) Interlocking confessions
d. Admission by a co-partner/agent
When admissible—
(1) Act or declaration of a partner or agent
(2) Such partner or agent is authorized by the party to make a
statement regarding subject matter
(3) Subject matter: Anything he is authorized to discuss, or is
within the scope of his or her authority
(4) When act or declaration done: during the existence of the
partnership or agency
(5) Agency/partnership must be shown by independent evidence
(6) Against whom: such party who authorized the partner/agent
e. Admission by a conspirator
When admissible—
(1) Act or declaration of conspirator
(2) Must be in furtherance of the conspiracy
(3) When act or declaration done: during the existence of the
conspiracy
(4) Conspiracy must be shown by independent evidence
(5) Against whom: co-conspirator
Scope – again, only to extrajudicial acts or declaration, but not to
testimony at trial, where the defendant has the opportunity to cross-
examine the declarant
f. Admission by privies
.
When admissible
GR: Requisites
(1) Parties involved: One who derives title to property from
another, and the “source”
(2) The act, declaration, or omission of the source (the one from
who title is derived), in relation to the property is evidence
(3) Against whom: The one who derives title to the property, if
such act, declaration or omission happens while the “source”
was holding the title.
 REMEDIAL LAW

EXC: The declaration made subsequent to the transfer of property (source Except when such offer is clearly Except
is no longer holding title) not only to buy peace, but (1) Plea of guilty later withdrawn
(1) Where the declaration was made in the presence of the amounts to an admission of (2) Tax cases, except those
transferee and he acquiesces in the statements or asserts no liability, the offered compromise already filed in court in relation
rights where he ought to speak. (Rule 130, Sec. 33) being directed only to the to fraud
(2) Where the evidence establishes a continuing conspiracy to amount paid (3) Offer to pay back expenses
defraud which exists between the vendor and the vendee occasioned by injuries
(4) Those involving quasi-
offenses or criminal negligence
g. Admission by silence (5) Unaccepted offer at plea-
bargaining
Admission by silence – considered admission in the sense that the silence (6) Katarungang Pambarangay
can be taken against the party; provided (requisites) Law
(1) Act or declaration is done: (7) BP 22
a. In the presence of the party, or (8) Amy statement during plea-
b. Within the hearing of the party bargaining
(2) Act or declaration is of the nature to call for action by the party
if said act or declaration is not true
(3) Party does not say or do anything 5. Hearsay rule
(4) It is possible and probable for the party to do something / He
is at liberty to object. a. Meaning of hearsay
Limitation – does not apply to run counter to the rights of the accused, Hearsay – an out of court “statement,” whether oral or written or the
particularly on against self-incrimination non-verbal conduct of another; just means that – a person in court is
saying that someone said something, hoping to purport the truth of such
statement; X (declarant) at trial, says “Y did this.”
h. Confessions
Exclusions of hearsay; requisites
Confession – an acknowledgment in express terms, by a party in a criminal (1) A statement is not hearsay when the declarant (person who
case, of his guilt of the crime charged actually said the statement); Y in this case is the declarant
a. Testifies at the trial or hearing – shows up and
ADMISSION CONFESSION b. Is subject to cross regarding the statement
Doesn’t involve acknowledgment Involves acknowledgment of (1) And the statement falls under any of the exclusionary
of guilt or liability guilt or liability circumstances
May be express or tacit Must be express
May be made by 3P in the May only be made by the party Exclusionary circumstances
exceptions to the res inter alios himself (2) Previous inconsistent statement – The statement being said in
acta rule court is inconsistent with another testimony that the witness
gave, under oath and subject to the penalty of perjury
o Example: In open court in the present case,
i. Similar acts as evidence (Br. II) Declarant says that “X killed Y.” There was a
previous testimony, perhaps in an affidavit, where
Similar acts as evidence (res inter alios acta br. II) Declarant said “X did not kill Y.” According to this
GR: Evidence that one did or did not do a certain thing at one time is not rule, Declarant in open court saying “X killed Y” is
admissible to prove that he did or did not do the same or similar thing at not hearsay, because you would have to reconcile
another time the inconsistency.
EXC: Similar acts may be received as evidence to prove only the ff o This is a ground of impeachment of a witness
(1) A specific intent or knowledge though.
(2) Identity (3) Previous consistent statement – The statement being said in
(3) Plan court is consistent with another testimony, and it was offered
(4) System there to rebut an express or implied charge against the witness
(5) Scheme of recent fabrication or improper influence or motive
(6) Habit o Example: In open court in the present case,
(7) Custom Declarant says that “X killed Y.” There was a
(8) usage; and previous testimony, perhaps in an affidavit, where
(9) The like. Declarant also said “X killed Y.” But there, someone
accused the Declarant of lying – said instead that it
was perhaps Declarant who killed Y. According to
j. Admissibility of offers of this rule, Declarant in open court saying “X killed Y”
compromise is not hearsay, because he had a previous
statement which is consistent with what he is
CIVIL CASES CRIMINAL CASES saying now.
An offer of compromise is not an An offer of compromise by the (4) Previous identification – The statement being said in court is
admission of any liability, and is accused may be received in one of identification of a person made after perceiving them
not admissible against the evidence as an implied admission
offeror of guilt

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 REMEDIAL LAW
b. Reason for exclusion of hearsay
Reason for exclusion – the party against whom it is presented is deprived
of his right and opportunity to cross-examine the persons to whom the
statements or writing are attributed
c. Exceptions to the hearsay rule
i. Dying declaration
When admissible—
(1) Declaration concerns the cause and surrounding
circumstances of the declarant’s death
(2) Made when death appears to be imminent
(3) Declarant is under consciousness of impending death
(4) Declarant would have been competent had they survived
(5) Dying declaration is offered in case where the subject of
inquiry is the declarant’s death
Purposes for admitting dying declarations
(1) To identify the accused
(2) To show the cause of death
(3) To show circumstances which the assault was made upon him
ii. Deadman’s statute
Deadman’s statute
GR: Evidence may be admitted if
(1) Action is against the E/A or representative of the dead person,
or against a person of unsound mind
(2) Claim is against the estate of the deceased person or person
of unsound mind
(3) Complainant of the estate or property has to testify on a
matter of fact
(4) Such matter of fact happened before the death or insanity
(5) What is admitted: The statement made by the deceased
person or person of unsound mind, if made upon their
personal knowledge when the matter had been recently
perceived and the recollection is clear.
EXC: Only if indicating lack of trustworthiness
iii. Declaration against
interest
When admissible—
(1) Person (out of court) is either dead or unable to testify
(2) Fact asserted in the declaration was at the time it was made
so far contrary to the interest of the declarant
(3) That a reasonable person would not have made such
declaration unless they believed it to true
(4) Against: Such person making the statement (the dead or
unavailable person), or their successors in interest, and third
persons.
Example - A and B used to be married, but fell out of love. Out of spite, A
told B that she has an affair with C, and a child with him. A then filed for
declaration of nullity; it was granted but appealed. A died during the
pendency of the appeal. Later on, D, wife of C, filed a case for legal
separation against C, citing infidelity. For D to prove her case, she calls on
B to relay what A had told him during her lifetime – that A and C have an
affair, and a child together. This is not hearsay, as under declaration
against interest. A’s statement that she had an affair with C, relayed to
her husband B, is against her own interest.
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Rule on penal interests
GR: A statement tending to expose the dead or unavailable person to
criminal liability, and meant to catch the bullet for the accused is not
admissible
EXC: There are corroborating circumstances to indicate trustworthiness.
iv. Act or declaration about
pedigree
Pedigree – history of family descent, which is transmitted from one
generation to another, by both oral and written declarations and
traditions; includes relationship, family, genealogy, birth, marriage, death,
dates and places where facts occurred, names of relatives
When admissible—
(1) Person (out of court) is dead or unable to testify
(2) Subject matter: pedigree of another person
(3) Such other person is related to him by birth, adoption, or
marriage, or close family friend
(4) Required circumstances attendant:
a. Act or declaration of the person out of court
happened before the controversy (ante litem
motam)
b. Relationship between two persons (person out of
court, and the other person whose pedigree is
sought to be proved) is shown by independent
evidence
Special rule in reaching estates of the deceased
GR: Relationship of the person out of court and the person whose
pedigree is sought to be established, must be proven by evidence.
EXC: Need not be proven by independent evidence, when the relationship
is meant to reach the estate of the person out of court himself.
v. Family reputation or
tradition regarding
pedigree
Family reputation – such declarations and statements as have come down
from generation to generation from deceased relatives in such a way that
even though it cannot be said which of the deceased relatives made them,
yet it appears that such were made as family history
When admissible—
(1) Subject matter: The reputation or tradition existing in a family
previous to the controversy (ante litem motam)
(2) Controversy must be in respect to reputation or tradition of
pedigree of one of the members of the family
(3) Sponsorship: Must be sponsored by a family member as well.
vi. Common reputation
When admissible—
(1) Subject matter: Common reputation ante litem motam re:
a. Boundaries of lands in the community
b. Customs affecting lands in the community
c. Reputation as to events of general history
important to the community
d. Respecting marriage or moral character
 REMEDIAL LAW

(2) “Common reputation” evidence: monuments and inscriptions

in public places
xi. Learned treatises
When admissible—
vii. Part of the res gestae (1) Contemplated: Published
a. Treatise
When admissible— b. Periodical
(1) Statements made by a person out of court c. Pamphlet
(2) Made while a startling occurrence is taking place or (2) Contents: History, law, science, art
immediately prior or after (3) Admitted as: Tending to prove the truth of a matter stated
(3) Under the stress of excitement caused by the occurrence with therein if—
respect to the circumstances thereof a. The court takes judicial notice or (non-sponsored)
(4) Also covered: Verbal acts accompanying an equivocal act b. Witness expert in the subject testifies (sponsored)
material to the issue, and giving it legal significance (4) –that the writer of the statement in the document is
recognized in his field as an expert in the subject

viii. Records of regularly

xii. Testimony or deposition
conducted business
at a former trial
activity
When admissible—
(1) Contemplated documents When admissible—
a. Memorandum (1) Prior testimony was made by a person who is now
b. Report a. Dead
c. Record b. Out of the Philippines
d. Data compilation … of acts, events, conditions, c. Cannot without due diligence be found in the
opinions, diagnoses Philippines
(2) Made by d. Unavailable
a. Writing e. Otherwise unable to testify
b. Typing (2) Such prior testimony was given in a previous case that involves
c. Electronic a. Same parties
d. Optical b. Same subject matter
e. Other similar means (3) Evidence against: The adverse party who had the opportunity
(3) When made: At or near the time of or from the transmission to cross-examine him or her.
or submission of information
(4) Who made document: A person with knowledge of such
information xiii. Residual exception
(5) Kept in the ordinary course of business activity
(6) Such was regular practice to make those documents Residual exception – even if not under the above exceptions to hearsay,
(7) Sponsorship: Custodian or other qualified witness the statement can still be admitted if statement is trustworthy, and the
court determines concurrence
(1) The statement is offered as evidence of a material fact
ix. Entries in official records (2) Statement is more probative on the point for which it is offered
than any other evidence that can be procured with reasonable
When admissible— effects and
(1) Entries are made in official records (3) The general purposes of these rules and the interests of justice
(2) Such entry was in the performance of the duty of a public will be best served with admission.
officer of the Philippines, or by a person in the performance of (4) Proponent makes known to the adverse party sufficiently in
a special duty enjoined by law advance of the hearing or at pre-trial, to give fair opportunity
(3) Effect: Prima facie evidence of the facts therein stated. to meet it
(4) Public officer or authorized person had sufficient knowledge
of the facts stated in the record, that he acquired personally
or through official information d. Independently relevant
x. Commercial lists etc statements
When admissible— Independently relevant statements
(1) Contents: Statements of matters of interests to person (1) Statements that don’t aspire to prove the truth or fact of the
engaged in an occupation statements, but only that they were made
(2) Embodied in: (2) Writings of a similar nature
a. List
b. Register Two classes of independently relevant statements
c. Periodical (1) Statements which are the very facts in issue
d. Other published compilation (2) Statements which are circumstances evidence to issue like
(3) Such is published for use by persons engaged in that (1) Statement of a person showing state of mind
occupation (2) Statement of person showing physical condition
(4) It is also generally used and relied upon by them

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 REMEDIAL LAW

(3) Statements of a person from which inference may
be made as to the state of mind of another person
(4) Statements which may identify the date, place, or
person in question
(5) Statements showing the lack of credibility of a
witness
6. Opinion rule
Opinion evidence – statement by a witness of an inference as to existence
or nonexistence of a fact in issue, based upon other facts presented
directly to the senses of the witness
GR: Not admissible
EXC: Admissible only on two instances
(1) Expert witness
(2) Ordinary witness for specific matters
a. Opinion of expert witness; weight
given
When expert witness can be called, requisites
(1) Matter requires special knowledge, skill, experience, training
or education
(2) The witness is shown to possess the same
Probative value of expert testimony – court is not bound by the opinion
of an expert; it is weighted like any other testimony, in light of the court’s
own general knowledge and experience upon the subject of inquiry
b. Opinion of ordinary witness
What may an ordinary witness testify on
(1) Identity of a person, whom they have adequate knowledge
(2) Handwriting which they have sufficient familiarity with
(3) Mental sanity of a person with whom they are sufficiently
acquainted
(4) Impressions of emotion, behavior, condition, or appearance of
a person
7. Character evidence
Character evidence
GR: Character evidence is not admissible for the purpose of proving action
in conformity therewith on a particular occasion
EXC:
(1) Civil and criminal cases, below
(2) When the character of a person is an essential element of a
charge, claim, or defense, then specific instances of conduct is
allowed to be introduced in evidence

CRIMINAL CIVIL
WHOSE QUALIFYING EFFECT WHOSE QUALIFYING EFFECT
Tends to establish in any Offended party may
reasonable degree the prove the moral Admissible only when pertinent to the issue of
Accused Any party
probability of the offense character of the accused character involved in the case
charged
Pertinent to the moral trat Accused may prove that
Good character
involved in the offense he’s of good moral
of accused
charged character
Bad character
Prosecution may only prove the same on rebuttal
of accused
Good character Can only be presented when their character is Good character Can only be presented when their character is
of witness impeached of witness impeached

Method in proving the character, if admissible Procedure

(1) Testimony as to reputation (1) Parties shall file and serve at least 5 days before the PT or
(2) Testimony in the form of an opinion hearing, the following
(3) Cross-examination, where specific acts may be inquired. a. JA of witnesses, which shall take the place of direct
b. Documentary and object evidence, attached to JA
(2) If party wants to keep original, he may have the copies in the
8. Judicial affidavits JA certified as a reproduction of the original; he still has to
a. Scope bring the original at the PT though

Scope – all actions, proceedings, and incidents requiring the reception of c. Contents
evidence, before the following courts and tribunals
(1) First-level courts except small claims Contents of JA
(2) Second-level courts (1) Name, age, residence or business address, occupation of
(3) SB, CTA, CA witness
(4) Investigating officers and bodies authorized by SC, like IBP (2) Name, address of lawyer who conducts or supervises the
(5) Special courts and QJ bodies whose rules of procedure are examination; place where examination is being held
subject to disapproval of the SC (3) Statement that witness is answering the questions asked of
him, fully conscious that he does so under oath, and that he
b. Submission in lieu of direct may face criminal liability for false testimony or perjury
(4) Questions and answers, that
testimony a. Show circumstances under which the witness
acquired the facts upon which he testifies
b. Elicit from him those facts which are relevant

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 REMEDIAL LAW
c. Identify documents
(5) Signature of the witness over printed name
(6) Jurat
(7) Sworn attestation by the lawyer that
a. He faithfully recording or caused to be recorded
the questions he asked, and the answers the
witness gave
b. Neither he nor another person coached
d. Offer and objection
Offer and objection to testimony in JA
(1) The party presenting the JA has to say in open court the
purpose of the JA
(2) Adverse party at that point may move to DQ the witness or to
strike out his affidavit, or any of his answers, on the ground of
inadmissibility
(3) Court shall rule on that motion
(4) If granted, effect the prayer by motion
Offer and objection to exhibits in the JA
(1) Upon termination of the testimony of the last witness, a party
shall immediately make an oral offer of evidence of his
documentary or object exhibits, piece by piece, stating the
purpose he is offering the same
(2) Adverse party must object after every piece
(3) Court has to decide on the spot
e. Application in criminal cases
Application in criminal cases, instances
(1) Maximum penalty does not exceed 6 years
(2) When the accused agrees to use of JA
(3) With respect to the civil aspect
f. Effect of non-compliance
Effect of non-compliance
(1) False attestation – lawyer can be subject to disciplinary action
including disbarment
(2) If the government employee or official, or the requested
witness, who is neither the witness of the adverse party nor a
hostile witness,
a. Unjustifiably declines to execute a judicial affidavit
b. Refuses without just cause to make the relevant
books, documents, or other things under his
control available for copying, authentication, and
eventual production in court
The requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of
the Rules of Court. The rules governing the issuance of a
subpoena to the witness in this case shall be the same as when
taking his deposition except that the taking of a judicial
affidavit shall be understood to be ex parte.
(3) Failure to file – waived submission
(4) Witness fails to appear – court shall not consider JA
(5) Failure to follow content requirements and attestation
requirement – court shall not admit JA into evidence
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F. Offer and Objection
1. Offer of evidence
Offer of evidence
GR: A court shall consider no evidence which has not been formally
offered; purpose of such evidence must be specified
EXC:
(1) Evidence not formally offered can be considered by the court
as long as they have been properly identified by testimony
duly recorded and
(2) They were already incorporated into the records of the case
2. When to make an offer
When to offer
(1) Testimony – before witness takes the stand
(2) Documentary – after all the witnesses
3. Objection
Objections – blocking evidence from reaching the record
When to object
(1) Testimony
a. Normally – as soon as the question is asked, and
the ground is apparent
b. On the ground that there was no formal offer – as
soon as the witness begins to testify
(2) Documentary – as soon as the piece of evidence is offered
4. Repetition of an objection
Continuing objection - When it becomes reasonably apparent in the
course of the examination of a witness that the questions being
propounded are of the same class as those to which objection has been
made, whether such objection was sustained or overruled, it shall not be
necessary to repeat the objection, it being sufficient for the adverse party
to record his or her continuing objection to such class of questions.
5. Ruling
When ruling on objection must be given
GR: Immediately after objection is made
EXC: Unless the court wants to take a reasonable time to inform itself of
the question presented.
6. Striking out of an answer
Striking of answer – assumes there was a wrongful inclusion in record
GR: An objection must be interposed as soon as the ground becomes
evidence. Failure to object may be taken as a waiver
EXC: Motion to strike out answer is available in the following
(1) Where a witness answers a question before the adverse party
had the opportunity to voice fully its objection to the same
(2) Where question not objectionable, but answer is unresponsive
(3) Where a witness testifies without a question being posed
(4) Where witness testifies beyond limits set by the court
(5) Where the witness does a narration
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Procedure after
7. Tender of excluded evidence (1) Within 5 days from termination of PT – court issues record of
preliminary conference stating
Tender excluded evidence – assumes there was wrongful non-inclusion in
a. Whether parties reached amicable settlement
the record; rules
b. Stipulations or admissions
(1) Documentary or object evidence – offeror may have the same
c. Whether on the basis of the pleadings, stipulations,
attached to or made part of the record
and admissions, a judgment may be rendered
(2) Testimonial – offeror may state for the record the name and
(within 30 days from issuance of order)
other personal circumstances of the witness, and the
d. Specification of materials facts that remain
substance of the supposed testimony
controverted
e. Other matters to expedite proceedings
(2) Within 10 days from receipt of order, parties have to submit
their affidavits and other evidence, as well as position papers
REVISED RULES ON SUMMARY setting forth the law and facts relied upon
(3) Judgment must be made within 30 days from the receipt of
PROCEDURE the last affidavits and positions papers, or the expiration of the
same (30 days)

A. Cases covered by the Rule

D. Prohibited pleadings and motions
Cases covered – those subject to summary procedure before the first-
level, falling within their respective jurisdictions, namely Allowed pleadings
(1) Civil cases (1) Complaint
a. Ejectment, and AF not exceeding 20,000 (2) Compulsory CC
b. Other cases except probate, where amount of (3) Cross claims pleaded in the answer
claim does not exceed 100/200k (4) Answers thereto
(2) Criminal cases All verified
a. Traffic laws, IRRs
b. Rental law Prohibited pleadings and motions
c. Ordinances (1) Motion to dismiss the complaint or to quash the complaint or
d. BP 22 information except on the ground of:
e. Where penalty does not exceed 6 months, fine not a. Lack of jurisdiction over the subject matter; or
exceeding 1k or both; provided property damages b. Failure to comply with the preceding section
does not exceed 10k (2) Motion for a bill of particulars;
(3) Motion for new trial, or for reconsideration of judgment, or for
Cases not covered reopening of trial;
(1) Civil cases where the plaintiff’s cause of action is pleaded in (4) Petition for relief from judgment;
the same complaint with another cause of action subject to (5) Motion for extension of time to file pleadings, affidavits or any
the ordinary procedure; and other paper;
(2) Criminal cases where the offense charged is necessarily (6) Memoranda
related to another criminal case subject to the ordinary (7) Petition for certiorari, mandamus, or prohibition against any
procedure. interlocutory order issued by the court;
(8) Motion to declare the defendant in default;
(9) Dilatory motions for postponement;
B. Effect of failure to answer (10) Reply;
(11) Third party complaints; and
Period to file answer – 10 days from service of summons (12) Interventions.

Effect of failure to plead defenses in Answer – waived, except LOJ-SM

Effect of failure to file – court, upon motion or motu proprio, shall render E. Appeal
judgment as may be warranted in the complaint, and limited to what is
prayed therein Who has appellate jurisdiction – RTC, on the basis of the entire record

What are immediately executory (not subject to appeal) – decision of RTC

C. Preliminary conference and in civil cases governed by this rule, including ejectment, without prejudice
to further appeal that may be taken therefrom
appearances of parties
Preliminary conference – must be held not later than 30 days after the
last answer was filed; mandatory; follows rules in the 2019 Rules

Effect of failure to appear

(1) Plaintiff fails to appear – complaint is to be dismissed;
defendant is entitled to judgment on counter claim
(2) Defendant fails to appear – plaintiff shall be entitled to
judgment on counterclaim

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(12) Actions to annul judgment upon a compromise that may be

KATARUNGANG PAMBARANGAY filed directly in court

Lupon Tagapamayapa – composed of Punong Barangay as the Chairman,

and 10-20 members to be constituted every 3 years C. Venue
Venues
A. Cases covered For parties actually residing in Lupon of the Barangay
the same barangay
Cases covered – All disputes between individuals/natural persons are For parties actually residing in Lupon of the Barangay where any
subject to barangay conciliation pursuant to the Revised Katarungang different barangays, but in the of the respondents resides
Pambarangay Law; prior recourse thereto is a pre-condition before filing same city or municipality
a complaint in court or any government offices is allowed. Disputes involving real property Where the property or a larger
or any interest therein portion thereof is situated
Dipustes arising at the Barangay where workplace is
B. Subject matter for amicable workplace, where the parties are located
settlement employed

Subject matter for mediation D. When parties may directly go to court

GR: Each lupon shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement
See exceptions in B. Subject Matter
EXC: The following are not required to go through barangay mediation
(1) Where one party is the government, or any subdivision or
instrumentality thereof; E. Execution
(2) Where one party is a public officer or employee and the
dispute relates to the performance of his official functions; Execution of amicable settlement and arbitration ward – by the lupon,
(3) Where the dispute involves real properties located in different within 6 months from settlement; beyond six months, by action in the
cities and municipalities, unless the parties thereto agree to appropriate city or municipal court
submit their difference to amicable settlement by an
appropriate Lupon;
(4) Any complaint by or against corporations, partnerships or F. Repudiation
juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants or When to repudiate settlement – within 10 days from settlement
respondents [Sec. 1, Rule VI, Katarungang Pambarangay Procedure – File with Lupon chairman
Rules]; Grounds – vitiated consent by force, violence, or intimidation
(5) Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto agree to RULES OF PROCEDURE FOR SMALL
submit their differences to amicable settlement by an
appropriate Lupon; CLAIMS CASES
(6) Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one [1] year or a fine of over 5
(7) Offenses where there is no private offended party; A. Scope and applicability of the Rule
(8) Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued, Scope of the rule – Procedure in actions before the first-level courts, for
specifically the following: payment of money where the value of the claim does not exceed
a. Criminal cases where accused is under police 300/400k, exclusive of interests and costs; when the claim or demand
custody or detention [Sec. 412 (b) (1), Revised may be
Katarungang Pambarangay Law]; (1) Money owed under
b. Petitions for habeas corpus by a person illegally a. Lease
deprived of his rightful custody over another or a b. Loan
person illegally deprived of or on acting in his c. Services
behalf; d. Sale
c. Actions coupled with provisional remedies such as e. Mortgages
preliminary injunction, attachment, delivery of (2) Liquidated damages from contracts
personal property and support during the (3) Enforcement of barangay amicable settlement or arbitral
pendency of the action; award
d. Actions which may be barred by the Statute of Provided only that they are purely civil in nature, for payment or
Limitations. reimbursement of a sum of money
(9) Any class of disputes, which the President may determ ine in
the interest of justice or upon the recommendation of the Venues – first-level court
Secretary of Justice; (1) Where plaintiff lives
(10) Where the dispute arises from the CARL (2) Where defendant lives
(11) Labor disputes or controversies arising from employer- (3) If plaintiff is engaged in banking etc, in the city where
employee relations defendant resides, if the plaintiff has a branch there

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(2) When the court determines that a party cannot properly

B. Commencement of small claims present the claim, and need assistance – allow another person
action; response to assist upon party’s consent

Commencement – by filing of a Statement of Claim (Form I-SCC) with
(1) CNFS
(2) Splitting a single COA and multiplicity of suits
(3) Two photocopies of actionable documents
(4) Other affidavits and evidence
Effect of non-appearance of parties
(1) Plaintiff fails to appear – dismissal of the claim without
prejudice; defendant entitled to permissive counterclaim
(2) Defendant fails to appear – same as effect of failure to file a
response

Response – not an answer; must be filed within a non-extendible period

of 10 days from receipt of summons, with photocopies of documents,
E. Hearing; duty of the judge
affidavits, and other evidence in support thereof
When hearing is to be conducted – not more than 30 days from filing of
Statement of Claim; allowed to be postponed upon proof of physical
Effect of failure to file Response
inability of a party to appear, but one postponement only
(1) Defendant fails to file and fails to appear – court shall render
judgment on the same day
Duty of the court – at the beginning of the session, the judge shall read
(2) Defendant fails to file but appears – court shall ascertain what
aloud a short statement explaining the nature, purpose, and rules of
defense they have to offer which shall constitute their
procedure of small claims cases
response, and proceed to adjudicate on the same day
Hearing – during the hearing, the judge should continue exerting efforst
Outcomes of the case
to reach amicable settlement
(1) Court determines the case falls under the Rules
a. But from the examination, claim is unmeritorious –
dismiss on any of the grounds for dismissal F. Finality of judgment
b. But during the course of the hearing, there exists a
ground to dismiss – dismiss anyway, even if not Decision of the court
pleaded in Response (1) After hearing, the court shall render the decision based on the
(2) Court determines the case does not fall under Rules – not facts by the evidence, within 24 hours from termination
dismissal; instead (2) Decision shall immediately be entered into the docket
a. Redocketed upon appropriate procedure (3) No appeal
b. Return to the court where it was assigned
(3) Court determines the case is filed under regular or summary
procedure, but was mistakenly filed here – refer to EJ
RULES OF PROCEDURE FOR
C. Prohibited pleadings and motions ENVIRONMENTAL CASES
Prohibited pleadings and motions
(1) Motion to dismiss the Statement of Claim/s; A. Scope and applicability of the Rule
(2) Motion for a bill of particulars;
(3) Motion for new trial, or for reconsideration of a judgment, or Scope and applicability – procedure in civil, criminal, SCAs before trial
for reopening of trial; courts, first and second level, involving enforcement or violations of
(4) Petition for relief from judgment; environmental and other related laws, and RRs; court will assign special
(5) Motion for extension of time to file pleadings, affidavits, or any environmental courts (courts of special jurisdiction)
other paper;
(6) Memoranda;
(7) Petition for certiorari, mandamus, or prohibition against any
B. Civil procedure
interlocutory order issued by the court; 1. Prohibition against temporary
(8) Motion to declare the defendant in default;
(9) Dilatory motions for postponement; restraining order and preliminary
(10) Reply and rejoinder injunction
(11) Third-party complaints; and
(12) Interventions TRO and PI
GR: No court can issue TRO or WPI against lawful actions of government
D. Appearances agencies that enforce environmental laws or prevent violations thereof
EXC: If issued by the Supreme Court
Appearances
GR: The parties shall personally appear in the hearing 2. Pre-trial conference; consent decree
EXC:
(1) Appearance by counsel, with valid cause, provided Features of the PTC
a. Counsel is not a lawyer (1) Court shall places all parties and counsels under oath
b. They must be related to or next-of-kin of the party (2) Judge should exert efforts to amicably settle
c. Authorized by SPA

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(3) Judge may issue a consent decree, approving an agreement Execution of reliefs – any judgment directing the performance of acts of
between parties, in accordance with LMPOPP to protect the protection, preservation or rehabilitation of the environment shall be
right of the people to a balanced and healthful ecology executory pending appeal; it will only terminate upon sufficient showing
that the order has implemented to the satisfaction of the court
Effect of evidence not presented at PT
GR: Waived; cannot be presented during PT
EXC: Newly discovered evidence 6. Permanent environmental protection
order; writ of continuing mandamus
3. Prohibited pleadings and motions PEPO – can be issued upon conversion of TEPO
Allowed pleadings
(1) Generally 7. Strategic lawsuit against public
a. Complaint;
b. Answer; participation
c. Compulsory counterclaim;
d. Cross-claim; Strategic lawsuit against public participation (SLAPP) – an action, whether
e. Motion for Intervention; civil, criminal or administrative, brought against any person, institution, or
f. Motion for Discovery; and agency or LGU, or its officials and employees, with intent to harass, vex,
g. Motion for Reconsideration of Judgment exert undue pressure, or stifle any legal course that such person,
(2) Upon highly meritorious cases institution, agency has taken or may take for the enforcement of
a. Motion for Postponement environmental laws, protection of environment, or assertion of
b. MNT environmental rights
c. Petition for Relief
How alleged – in the Answer, interposing it as defense, supported by
Prohibited pleadings and motions documents, affidavits, papers and other evidence and by way of
(1) Motion to Dismiss the Complaint; counterclaim for damages
(2) Third-Party Complaint;
(3) Motion for Bill of Particulars; Opposition to allegation of SLAPP – must be filed within a non-extendible
(4) Reply and Rejoinder; period of 5 days from receipt of notice
(5) Motion for Extension of Time to File Pleadings (except to File
Answer) SLAPP hearing – must be within 15 days from filing of the comment, or
(6) Motion to Declare Defendant in Default lapse of the period; summary in nature; only needs substantial evidence;
for the party filing action assailed as SLAPP, needs preponderance of
evidence that it is a valid claim
4. Temporary environmental PO
Resolution on SLAPP – within 30 days after the SLAPP hearing; if the action
TEPO will issue – If it appears from the verified complaint, with a prior for is dismissed, it is with prejudice
TEPO, that
(1) The matter is of extreme urgency and
(2) The applicant will suffer grave injustice and irreparable injury C. Special proceedings
Who may issue ex parte TEPO
1. Writ of kalikasan
(1) EJ of multiple sala court
Writ of Kalikasan – remedy available to a natural or juridical person, entity
(2) Judge of single-sala court
authorized by law, people’s organization, NGO or public interest group
Like WPI
accredited with the government, on behalf of persons whose
constitutional right to healthful ecology is violated, or threatened with an
Duration of TEPO – 72 hours from date of receipt by party or person
unlawful act or omission involving environmental damage of such
enjoined by the same; within this time, the court shall conduct a summary
magnitude as to prejudice the life, health, and property of inhabitants in
hearing to determine whether the TEPO may be extended for the
2 or more cities provinces
duration of the case
Requisites to issue
5. Judgment and execution; reliefs in a (1) Actual or threatened violation of the right to a balanced and
healthful ecology
citizen’s suit (2) Such arises from an unlawful act or omission of a public official
or employee, or a private individual or entity
Reliefs in a citizen’s suit (3) The potential damage would cause environmental damage to
(1) Protection, preservation or rehabilitation of the environment; prejudice the life, health, and property of 2 or more cities or
(2) Payment of attorney’s fees, costs of suit and other litigation provinces
expenses
(3) Require the violator to submit a program of rehabilitation or Where filed – SC or any of the stations of the CA
restoration of the environment, the costs of which shall be
borne by the violator, or to contribute to a special trust fund Return of the writ – respondent must include all defenses, to show that
for that purpose subject to the control of the court he did not
(1) Violate or threaten to violate any environmental law or RR
(2) Allow any such violation

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 REMEDIAL LAW
(3) Commit any act resulting in (3) of requisites
Effect of failure to file return – waived; the court shall hear the petition ex
parte already
Reliefs under the writ
(1) Directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;
(2) Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or
restore the environment;
(3) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the
decision and orders of the court;
(4) Directing the respondent public official, government agency,
or private person or entity to make periodic reports on the
execution of the final judgment; and
(5) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the environment,
except the award of damages to individual petitioners
Appeal – perfects within 15 days from notice of judgment
2. Prohibited pleadings and motions
Prohibited pleadings and motions
(1) Motion to dismiss;
(2) Motion for extension of time to file return;
(3) Motion for postponement;
(4) Motion for a bill of particulars;
(5) Counterclaim or cross-claim;
(6) Third-party complaint;
(7) Reply; and
(8) Motion to declare respondent in default.
3. Discovery measures
Ocular Inspection Order
(1) The motion must show that an ocular inspection order is
necessary to establish the magnitude of the violation or the
threat as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
(2) It shall state in detail the place or places to be inspected.
(3) It shall be supported by affidavits of witnesses having personal
knowledge of the violation or threatened violation of
environmental law.
(4) After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry
for the purpose of inspecting or photographing the property
or any relevant object or operation thereon.
(5) The order shall specify the person or persons authorized to
make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to
protect the constitutional rights of all parties
Production or inspection of documents or things Order
(1) The motion must show that a production order is necessary to
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or
more cities or provinces.
MDB 113 2021
(2) After hearing, the court may order any person in possession,
custody or control of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible
things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the
return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant.
(3) The production order shall specify the person or persons
authorized to make the production and the date, time, place
and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights
of all parties
4. Writ of continuing mandamus
Grounds for issuance of continuing mandamus – when any agency or
instrumentality of the government, or officer thereof:
(1) Unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or
(2) Unlawfully excludes another from the use or enjoyment of
such right and there is no other plain, speedy and adequate
remedy in the ordinary course of law
Verified petition, contents
(1) Alleging the facts with certainty, attaching thereto supporting
evidence, specifying that the petition concerns an
environmental law, rule or regulation, and
(2) Praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is
fully satisfied, and
(3) To pay damages sustained by the petitioner by reason of the
malicious neglect to perform the duties of the respondent,
under the law, rules or regulations.
Where to file
(1) RTC exercising jurisdiction over territory where actionable
neglect or omission occurred
(2) CA
(3) SC
D. Criminal procedure
1. Who may file
Who may file a complaint for violations of environmental and other
related laws and RRs
(1) Offended party
(2) Peace officer
(3) Any peace officer charged with enforcement of envi law
2. Institution of criminal and civil action
Institution deemed joint
GR: Criminal action is deemed instituted with the civil action
EXC: Not deemed joint in the same instances in criminal procedure
(waiver; reservation; prior institution of criminal)
3. Arrest without warrant, when valid
Instances of valid warrantless arrest – in flagrante delicto, hot pursuit
 REMEDIAL LAW
4. Procedure in the custody and
disposition of seized items
Procedure
(1) The apprehending officer having initial custody and control of
the seized items, equipment, paraphernalia, conveyances and
instruments shall physically inventory and whenever
practicable, photograph the same in the presence of the
person from whom such items were seized.
(2) Thereafter, the apprehending officer shall submit to the
issuing court the return of the search warrant within five (5)
days from date of seizure or in case of warrantless arrest,
submit within five (5) days from date of seizure, the inventory
report, compliance report, photographs, representative
samples and other pertinent documents to the public
prosecutor for appropriate action.
(3) Upon motion by any interested party, the court may direct the
auction sale of seized items, equipment, paraphernalia, tools
or instruments of the crime. The court shall, after hearing, fix
the minimum bid price based on the recommendation of the
concerned government agency. The sheriff shall conduct
(4) The auction sale shall be with notice to the accused, the
person from whom the items were seized, or the owner
thereof and the concerned government agency.
(5) The notice of auction shall be posted in three conspicuous
places in the city or municipality where the items, equipment,
paraphernalia, tools or instruments of the crime were seized.
(6) The proceeds shall be held in trust and deposited with the
government depository bank for disposition according to the
judgment
5. Bail
Amount of bail – fixed by the court
Who fixes bail
(1) Court where the case is pending
a. In the absence of one, with any other trial court in
the province, city or municipality
(2) If accused is arrested not where the case is pending
a. RTC of said place
b. In the absence of one, any first-level court judge
where he was arrested
6. Arraignment and plea
Schedule for arraignment – within 15 days from the time it acquires
jurisdiction over the person of the accused, with notice to the fiscal and
the offended party that will plea-bargain
Duty of the court in case of plea-bargaining
(1) Issue an order which contains the plea-bargaining arrived at;
(2) Proceed to receive evidence on the civil aspect of the case, if
any; and
(3) Render and promulgate judgment of conviction, including the
civil liability for damages.
7. Pre-trial
Schedule for pre-trial – after arraignment, within 30 days
PTO – issued 10 days after termination of PT
MDB 114 2021
Purposes of PT
(1) To assist the parties in reaching a settlement of the civil aspect
of the case;
(2) To mark the documents to be presented as exhibits;
(3) To attach copies thereof to the records after comparison with
the originals;
(4) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of
documents marked as exhibits;
(5) To consider such other matters as may aid in the prompt
disposition of the case;
(6) To record the proceedings during the preliminary conference
in the Minutes of Preliminary Conference to be signed by the
parties and counsel;
(7) To mark the affidavits of witnesses which shall be in question
and answer form and shall constitute the direct examination
of the witnesses; and
(8) To attach the Minutes and marked exhibits to the case record
before the pre-trial proper. The parties or their counsel must
submit to the branch clerk of court the names, addresses and
contact numbers of the affiants (
8. Subsidiary liabilities
In case of conviction of the accused and subsidiary liability is allowed by
law, the court may, by motion of the person entitled to recover under
judgment, enforce such subsidiary liability against a person or corporation
subsidiary liable under RPC 102 and 103.
E. Evidence
1. Precautionary principle
Precautionary principle – when human activities may lead to threats of
serious and irreversible damage to the environment that is scientifically
plausible but uncertain, actions shall be taken to avoid or diminish that
threat.
When applicable – When there is a lack of full scientific certainty in
establishing a causal link between human activity and environmental
effect, the court shall apply the precautionary principle in resolving the
case before it
Standards for the application of the principle
(1) Threats to human life or health;
(2) Inequity to present or future generations; or
(3) Prejudice to the environment without legal consideration of
the environmental rights of those affected
2. Documentary evidence
Rules on documentary evidence in environmental cases
(1) Photographs, videos and similar evidence of events, acts,
transactions of wildlife, wildlife by-products or derivatives,
forest products or mineral resources subject of a case shall be
admissible when authenticated (a) by the person who took the
same, (b) by some other person present when said evidence
was taken, or (c) by any other person competent to testify on
the accuracy thereof.
(2) Entries in official records made in the performance of his duty
by a public officer of the Philippines, or by a person in
performance of a duty specially enjoined by law, are prima
facie evidence of the facts therein stated.
 REMEDIAL LAW

ALTERNATIVE DISPUTE RESOLUTION B. Domestic arbitration

Domestic arbitration – not international, as defined in the Mode Law;
A. Types of processes and procedures in thus, not an arbitration where (international):
(1) the parties to an arbitration agreement have, at the time of
alternative dispute resolution; the conclusion of that agreement, their places of business in
different states; or
comparison with court-annexed (2) one of the following places is situated outside the Philippines
mediation in which the parties have their places of business:
a. the place of arbitration if determined in, or
ADR in general – process used to resolve a dispute other than adjudication pursuant to the arbitration agreement;
before the courts, in which a neutral 3P participates to assist in the b. any place where a substantial part of the
resolution of issues; includes obligations of the commercial relationship is to be
(1) Arbitration performed or the place with the subject matter of
(2) Mediation the dispute is most closely connected; or
(3) Conciliation (3) the parties have expressly agreed that the subject matter of
(4) Early neutral evaluation the arbitration agreement relates to more than one country.
(5) Mini-trial
Or any combination of the above Form of the arbitration agreement
(1) Must be in writing, signed by the parties or in an exchange of
A voluntary dispute resolution process in which one or telecommunication or
more arbitrators, appointed in accordance with the (2) A reference in a contract or aa document containing an
Arbitration agreement of the parties, or rules promulgated arbitration clause
pursuant to this Act, resolve a dispute by rendering an
award Request to refer to arbitration
An ADR process wherein parties and their lawyers are (1) Before or during PT by any one party
brought together early in the pre-trial phase to (2) Even after PT, by both parties
Early
present summaries of their cases and to receive a non-
neutral
evaluation
binding assessment by an experienced neutral person, C. Judicial review of arbitral awards
with expertise in the subject matter or substance of
the dispute
Form and contents of the arbitral award
A voluntary process in which a mediator, selected by
(1) The award shall be made in writing and shall be signed by the
the disputing parties, facilitates communication and
Mediation arbitral tribunal. In arbitration proceedings with more than
negotiation, and assist the parties in reaching a one arbitrator, the signatures of the majority of all members
voluntary agreement regarding a dispute of the arbitral tribunal shall suffice, provided that the reason
A structured dispute resolution method in which the for any omitted signature us stated.
merits of a case are argued before a panel comprising (2) The award shall state the reasons upon which is based, unless
Mini-trial of senior decision-makers, with or without the the parties have agreed that no reasons are to be given or the
presence of a neutral third person, before which the award on agreed terms, consent award based on compromise
parties seek a negotiated settlement under Article 5.30 (Settlement).
(3) The award shall state its date and the placed of arbitration as
ADR vs. CAM determined in accordance with the paragraph (a) of Article
ADR CAM 5.19 (Place of Arbitration). The award shall be deemed to have
Extrajudicial and voluntary Judicial and mandatory made at that place.
Covers any dispute except labor Only applies to all civil cases (4) After the award is made, a copy signed by the arbitrators in
disputes; civil status of persons; except those that cannot be accordance with the paragraph (a) of this Article shall be
validity of marriage; ground for compromised; cases covered by delivered to each party.
legal separation; future legitime; Katarungang Pambarangay; civil (5) The award of the arbitral tribunal need not be acknowledged,
criminal liability; cases involving aspect of BP 22, QO, estafa, libel sworn to under oath, or affirmed by the arbitral tribunal unless
jurisdiction of courts; those cases so required on writing by the parties. If despite such
in law that cannot be requirement, the arbitral tribunal shall fail to do as required,
compromised the parties may, within thirty days from the receipt of said
Involves all the enumerated Mediation only award, request the arbitral tribunal to supply the omission.
modes The failure of the parties to make an objection or make such
Conducted by ADR provides Only the Philippine Mediation request within the said period shall be deemed a waiver or
Center and its accredited such requirement and may no longer be raised as a ground to
mediators invalidate the award
Enforced by a petition for Enforcement by filing of
enforcement of settlement compromise agreement, or Correction of award (akin to MR) – Within 30 days from receipt of award,
agreement or arbitral award withdrawal of the complaint, a party may, with notice to the other party, pray for corrections of the
under the Special ADR Rules counterclaim, or cross claim award on
(1) Errors of computation
(2) Typographical or clerical errors
(3) Errors of similar nature

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 REMEDIAL LAW
Actions on the domestic arbitral award
(1) Confirmation of an award – at any time within 1 month after
the award was made, any party to the controversy may apply
with an RTC, for an order confirming the award
(2) Vacating an award – The court must make an order modifying
or correcting the award, upon application of a party, in any of
the following cases
a. Where there was an evident miscalculation of
figures, or an evident mistake in the description of
any person, thing or property referred to in the
award; or
b. Where the arbitrators have awarded upon a
matter not submitted to them, not affecting the
merits of the decision upon the matter submitted;
c. Where the award is imperfect in a matter of form
not affecting the merits of the controversy, and if
it had been a commissioner's report, the defect
could have been amended or disregarded by the
court
ADR Rules provide for the following grounds in addition
d. The arbitral award was procured by corruption,
fraud or other undue means; or
e. There was evident partially or corruption in the
arbitral tribunal or any of itsmembers; or
f. The arbitral tribunal was guilty of misconduct or
any form of misbehavior that has materially
prejudiced the rights of any party such as refusing
to postpone the hearing upon sufficient cause
shown or to hear evidence pertinent and material
to the controversy; or
g. One or more of the arbitrators was disqualified to
act as such under this Chapter and willfully
refrained from disclosing such disqualification; or
h. The arbitral tribunal exceeded its powers, or so
imperfectly executed them, such that a complete,
final and definite award upon the subject matter
submitted to it was not made.
Actions on a foreign arbitral award
(1) Confirmation of the award
a. If the New York Convention applies – the
enforcement and recognition must be filed with
the RTC
b. If the New York Convention does not apply – the
Philippines may nevertheless treat such award as a
foreign judgment under Rule 39 Section 48
(2) Rejection of the arbitral award by the RTC – only if
a. The party making the application furnishes proof
that:
i. a party to the arbitration agreement
was under some incapacity ; or the said
agreement is not valid under the law to
which the parties have subjected it or,
failing any indication thereon, under
the law of the Philippines; or
ii. the party making the application was
not given proper notice of the
appointment of an arbitrator or of the
arbitral proceedings or was otherwise
unable to present his case; or
iii. the award deals with a dispute not
contemplated by or not failing within
the terms of the submission to
arbitration, or contains, decisions on
matters beyond the scope of the
submission to arbitration, provided
MDB 116 2021
that, if the decisions on matters
submitted to arbitration can be
separated from those not so submitted,
only the part of the award which
contains decisions on matters not
submitted to arbitration may be set
aside; or
iv. the composition of the arbitral tribunal
or the arbitral procedure was not in
accordance with the agreement of the
parties, unless such agreement was in
conflict with a provision of ADR Act
from which the parties cannot
derogate, or, falling such agreement,
was not in accordance with ADR Act; or
b. the Court finds that:
i. the subject-matter of the dispute is not
capable of settlement by arbitration
under the law of the Philippines; or
ii. the award is in conflict with the public
policy of the Philippines
D. Appeal from court decisions on
arbitral awards
Where appeal may be filed – CA
How taken – Petition for Review with CA, with proof of service on the RTC
and the adverse party
Period to file – within 15 days from notice of final order or resolution for
MR of the RTC
Effect of appeal – does not stay the award, unless CA directs otherwise
E. Venue and jurisdiction
Jurisdiction – RTC
Venue – in any of the following
(1) where arbitration proceedings are conducted;
(2) where the asset to be attached or levied upon, or the act to be
enjoined is located;
(3) )where any of the parties to the dispute resides or has his place
of business; or
(4) in the National Judicial Capital Region, at the option of the
applicant
F. Special Rules of Court on Alternative
Dispute Resolution
1. Subject matter
Subject matter – Special Rules apply to and govern the ff
(1) Relief on the issue of Existence, Validity, or Enforceability of
the Arbitration Agreement;
(2) Referral to Alternative Dispute Resolution ("ADR");
(3) Interim Measures of Protection;
(4) Appointment of Arbitrator;
(5) Challenge to Appointment of Arbitrator;
(6) Termination of Mandate of Arbitrator;
(7) Assistance in Taking Evidence;
(8) Confirmation, Correction or Vacation of Award in Domestic
Arbitration;
(9) Recognition and Enforcement or Setting Aside of an Award in
International Commercial Arbitration;
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(10) Recognition and Enforcement of a Foreign Arbitral Award; (3) Venue – RTC of where the arbitration is, or where any of the
(11) Confidentiality/Protective Orders; and parties have their principal places of business
(12) Deposit and Enforcement of Mediated Settlement (4) Grounds – if it is shown that, under the applicable law, the
Agreements arbitration is
a. Invalid
b. Void
2. Summary proceedings in certain c. Unenforceable
cases d. Inexistent
(5) Court action – within 30 days from the time petition is
Proceedings in the ff are summary in nature submitted for resolution
(1) Judicial Relief Involving the Issue of Existence, Validity or (6) Relief against action – MR, but no appeal or certiorari
Enforceability of the Arbitration Agreement;
(2) Referral to ADR; 5. Interim measures of protection
(3) Interim Measures of Protection;
(4) Appointment of Arbitrator;
Who may file – any party to the arbitration
(5) Challenge to Appointment of Arbitrator;
(6) Termination of Mandate of Arbitrator;
When to file
(7) Assistance in Taking Evidence;
(1) Before arbitration is commenced
(8) Confidentiality/Protective Orders; and
(2) After arbitration is commenced but before the constitution of
(9) Deposit and Enforcement of Mediated Settlement
the arbitral award
Agreements
(3) After constitution of arbitral award, at any stage, but only to
the extent that the arbitral tribunal has no power to act or is
3. Prohibited submissions unable to act ineffectively

Prohibited submissions Where to file – RTC

(1) Motion to dismiss;
(2) Motion for bill of particulars;
(3) Motion for new trial or for reopening of trial;
(4) Petition for relief from judgment;
(5) Motion for extension, except in cases where an ex-parte
temporary order of protection has been issued;
(6) Rejoinder to reply;
(7) Motion to declare a party in default; and
(8) Any other pleading specifically disallowed under any provision
of the Special ADR Rules
4. Judicial relief involving the issue of
existence, validity, and enforceability
of arbitration agreements
When available – before or after commencement of arbitration;
applicable only when the place of arbitration is the Philippines
Relief before commencement of arbitration
(1) Who may file – any party to the arbitration agreement, to
question the existence, validity, and enforceability of the
arbitration agreement or cause
(2) Venue – RTC where any of the parties has their principal place
of busines or residence
(3) Ground – if it is shown that the arbitration is, under the
applicable law
a. Invalid
b. Void
c. Unenforceable
d. Inexistent
(1) Where the principal place of business of any of the parties to
arbitration is located;
(2) Where any of the parties who are individuals resides;
(3) Where any of the acts sought to be enjoined are being
performed, threatened to be performed or not being
performed; or
(4) Where the real property subject of arbitration, or a portion
thereof is situated
Grounds to grant protection
(1) The need to prevent irreparable loss or injury;
(2) The need to provide security for the performance of any
obligation;
(3) The need to produce or preserve evidence; or
(4) The need to compel any other appropriate act or omission
Interim measures
(1) PI
(2) PA
(3) Receivership
(4) Detention, preservation, delivery or inspection of property
(5) Assistance in enforcement of protection
6. Enforcement and recognition or
setting aside of an international
commercial arbitral award
Who may file for enforcement of award– any party to an international
commercial arbitration in the Philippines
When to file – any time from receipt of the award

Relief after arbitration commences Petition to set aside arbitral award

(1) Who may file – any party to the arbitration, from the ruling of (1) Must be filed within 3 months from the time petitioner
the arbitral tribunal on a preliminary question upholding or receives a copy
declining its jurisdiction (2) Filed in the RTC where
(2) When to file – within 30 days after having received notice of a. Arbitration proceedings were conducted;
that ruling on the preliminary question from the tribunal b. Any of the assets to be attached or levied upon is
located;

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c. The act to be enjoined will be or is being

performed;
d. Any of the parties to arbitration resides or has its
place of business; or
e. In the National Capital Judicial Region

Grounds – same as in “actions on foreign arbitral awards”

7. Recognition and enforcement of a

foreign arbitral award
Who may file – any party to the foreign arbitration
When to file – any time after receipt of the award

Where to file – RTC where

(1) Arbitration proceedings were conducted;
(2) Any of the assets to be attached or levied upon is located;
(3) The act to be enjoined will be or is being performed;
(4) Any of the parties to arbitration resides or has its place of
business; or
(5) In the National Capital Judicial Region

See actions on foreign arbitral awards, it’s the same

8. Special civil action for certiorari

Certiorari to the CA – when the RTC committed GADALEJ, and there is no
other plan, speedy, adequate remedy; on the following actions
(1) Holding that the arbitration agreement is inexistent, invalid or
unenforceable;
(2) Reversing the arbitral tribunal’s preliminary determination
upholding its jurisdiction;
(3) Denying the request to refer the dispute to arbitration;
(4) Granting or refusing an interim relief;
(5) Denying a petition for the appointment of an arbitrator;
(6) Confirming, vacating or correcting a domestic arbitral award;
(7) Suspending the proceedings to set aside an international
commercial arbitral award and referring the case back to the
arbitral tribunal;
(8) Allowing a party to enforce an international commercial
arbitral award pending appeal;
(9) Adjourning or deferring a ruling on whether to set aside,
recognize and or enforce an international commercial arbitral
award;
(10) Allowing a party to enforce a foreign arbitral award pending
appeal; and
(11) Denying a petition for assistance in taking evidence
When to file – within 15 days from notice of judgment, no extension

Review by the Supreme Court – only for serious and compelled reasons,
resulting in grave prejudice to the aggrieved party, like in the following,
and only for questions of law
(1) Failed to apply the applicable standard or test for judicial
review prescribed in these Special ADR Rules in arriving at its
decision resulting in substantial prejudice to the aggrieved
party;
(2) Erred in upholding a final order or decision despite the lack of
jurisdiction of the court that rendered such final order or
decision;
(3) Failed to apply any provision, principle, policy or rule
contained in these Special ADR Rules resulting in substantial
prejudice to the aggrieved party; and
(4) Committed an error so egregious and harmful to a party as to
amount to an undeniable excess of jurisdiction

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